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Agenda 01/08/2019 Item #16A1801/08/2019 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $25,000 which was posted as a guaranty for Excavation Permit Number 59.666 -1, PL20160002510 for work associated with Naples Lakes Country Club. OBJECTIVE: To release a security which was posted as a development guaranty. CONSIDERATIONS: The Development Review Division routinely accepts securities administratively as guaranties for developer commitments in accordance with Section 22-115 of the Collier County Code of Ordinances. The work associated with this security has been inspected, and the developer has fulfilled his commitments with respect to this security. The Performance Bond was posted as security for an Excavation Permit associated with Naples Lakes Country Club. The As-Built lake cross sections have been received, and the lakes have been inspected by the Development Review Division. FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - SAS RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the amount of $25,000. Development Review staff will issue a Memorandum to the Clerk of Courts upon approval of this item by the Board of County Commissioners, advising the Clerk of this action. Prepared by: Lucia S. Martin, Technician, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 16.A.18 Packet Pg. 878 01/08/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.18 Doc ID: 7488 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $25,000 which was posted as a guaranty for Excavation Permit Number 59.666-1, PL20160002510 for work associated with Naples Lakes Country Club. Meeting Date: 01/08/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 12/13/2018 8:51 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 12/13/2018 8:51 AM Approved By: Review: Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/13/2018 8:57 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 12/13/2018 9:29 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 12/13/2018 9:33 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/13/2018 10:04 AM Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 12/13/2018 11:15 AM Growth Management Department Matthew McLean Additional Reviewer Completed 12/13/2018 3:56 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 12/17/2018 4:52 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 12/18/2018 10:37 AM Growth Management Department James C French Deputy Department Head Review Completed 12/19/2018 8:48 PM County Attorney's Office Emily Pepin CAO Preview Completed 12/20/2018 8:23 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/20/2018 8:30 AM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 12/20/2018 9:09 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 12/20/2018 10:22 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/27/2018 12:04 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/08/2019 9:00 AM 16.A.18 Packet Pg. 879 NAPLES LAKES COUNTRY CLUB LOCATION MAP 16.A.18.a Packet Pg. 880 Attachment: Location Map (7488 : Excavation Bond Release - Naples Lakes Country Club) EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this LJ aay otArrbetween Naples Lakes Country Club Homeowners Assoc., lnc herein after AS "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". WHEREAS, Developer has applied for an excavation permit in accordance with Section 22-106, et a/. of the Collier County Code of Laws and Ordinances, and the Collier County Land Development Code, including but not limited to Section 3.05.10 (collectively, the 'Excavation Regulations"); and WHEREAS, the Excavation Regulations require the Developer to post appropriate guarantees and execute an Excavation Performance Security Agreement stating applicant will comply with the Excavation Regulations and Excavation Permit No. 59.666-1. (the "Excavation Permit"). (t:-2s 't6 s 6c z 9 o) NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows. Developer agrees to comply with the Excavation Regulations and the Excavation Permit (the "Excavation Work"). Developer herewith tenders its excavation performance security (attached hereto as Exhibit'A" and by reference made a part hereof) in the amount of $25.000.00. ln the event of default by Developer or failure of Developer to complete the Excavation Work within the time required by the Excavation Regulations and Excavation Permit, Collier County, may call upon the excavation performance security to insure satisfactory completion of the Excavation Work. The Excavation Work shall not be considered complete until Developer notifies the County that the Excavation Work is complete and the final Excavation Work is reviewed and approved by the County Manager or designee for compliance with the Excavation Regulations. The County Manager or designee shall, within sixty (60) days of receipt of notification by Developer in writing that the Excavation Work is complete, either: a) notify Developer in writing of his approval of the Excavation Work; or b) notify the Developer in writing of his refusal to approve the Excavation Work, therewith specifying those conditions which Developer must fulfill in order to obtain the County Manager's approval of the Excavation Work. I 2 E o ln the event Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or designee may call upon the excavation performance security to secure satisfactory completion, repair and maintenance of the Excavation Work. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the Excavation Work. The Developer, as principal under the excavation 4. 16.A.18.b Packet Pg. 881 Attachment: Bond Basis (7488 : Excavation Bond Release - Naples Lakes Country Club) performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of Developer to fulfill all of the provisions of this Agreement. 7. All of the terms, covenants and conditions herein contained are and shall be binding upon Developer and the respective successors and assigns of Developer. lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives thig t7y day of Jhu - ,2}ta. t SIGNED IN THE PRESENCE OF: Sign (Name of Byw -/1 Printed Name ATTEST: DWIGHT E. BROCK, CLERK By Deputy Clerk Approved as to form and legality: Scott A. Stone Assistant County Attorney Bryan Roe, General Manager/CoO BOARD OF OF COLLIER pursuant to Resolution No. 201 5- I 62 bcr"harc L ac(bara L *na,e^* Ah4efson AS designee County 16.A.18.b Packet Pg. 882 Attachment: Bond Basis (7488 : Excavation Bond Release - Naples Lakes Country Club) €t,ll RECEIPT OF PAYMENT ll Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Detailsl Amount Paid: Change / overage: Contact: FEE DETAILS: Fee Des€ription Refundable Bonds Cashier Name: Batch Number: Entered By: 20t6357453 2016-064091 09/30/2016 $25,000.00 Pavment Method Check Reference Number PL20160002510 Amount Paid $2s,000.00 Check Number 013665 $2s,000.00 $0.00 NAPLES LAKES COUNTRY CLUB HOMEOWNERS ASSOC INC %STEVEN MARKS 4784 INVERNESS CLUB DRNAPLES , FL 34LI22970 orioinal Fee $2s,000.00 Amount ElC $2s,000.00 GL Account 670-000000-220113 ElizabethMendez 5710 ValerieKullick Collier County Growth Management Division 2800 Horseshoe Drive N, Naples, FL 34104 239-252-2400 16.A.18.b Packet Pg. 883 Attachment: Bond Basis (7488 : Excavation Bond Release - Naples Lakes Country Club)