Agenda 09/10/2019 Item #16A16 (Siena Lakes Performance Bond)09/10/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$8,000 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20180003718) for work associated with Siena Lakes.
_____________________________________________________________________________________
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Division routinely accepts securities administratively
as guaranties for early work improvements pursuant to Section 10.01.02 B of the LDC. The work
associated with this security has been inspected, and the developer has fulfilled his commitments with
respect to this security. The performance security wa s posted as security for clearing and site filling
associated with an Early Work Authorization for Siena Lakes SDP, (PL20180001489). On May 13, 2019,
the SDP was approved by staff, and the bond is no longer required.
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. - SAA
RECOMMENDATION: To authorize the Clerk of Courts to release the Cash Bond in the amount of
$8,000. Development Review 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.16
Packet Pg. 579
09/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.16
Doc ID: 9607
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $8,000 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20180003718) for work associated with Siena Lakes.
Meeting Date: 09/10/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
07/15/2019 1:53 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
07/15/2019 1:53 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 07/15/2019 5:12 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 07/16/2019 8:50 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/16/2019 4:20 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/19/2019 8:00 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 07/19/2019 1:58 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 07/25/2019 2:27 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 07/29/2019 12:07 PM
Growth Management Department James C French Deputy Department Head Review Completed 07/29/2019 2:15 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 08/19/2019 2:34 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/19/2019 3:04 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2019 4:25 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/22/2019 8:48 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/26/2019 2:30 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
16.A.16
Packet Pg. 580
SIENA LAKES
LOCATION MAP
16.A.16.a
Packet Pg. 581 Attachment: Location Map (9607 : Bond Release for EWA - Siena Lakes)
day of
Januarv, 2019, between Siena Lakes. LLC hereinafter referred to as "Developer," and the
Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board".
WHEREAS, Developer has applied for an Early Work Authorization in accordance with
the Collier County Land Development Code including but not limited to Section 10.01 .02.8
(collectively, the "Early Work Regulations"); and
WHEREAS, the Early Work Regulations require Developer to post appropriate
performance guarantees to ensure compliance with the Early Work Regulations and Early Work
Authorization Permit No. PL20180003718 (the "Early Work Permit").
NOW, THEREFORE, !n consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
'1. Developer agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work"),
2. Developer herewith tenders its early work performance security (Check #3534
attached hereto as Exhibit "A" and by reference made a part hereof) in the amount
of $9JgUg
ln the event of default by Developer or failure of Developer to complete the Early
Work within the time required by the Early Work Regulations and Early Work
Permit, Collier County, may call upon the early work performance security to insure
satisfactory completion of the Early Work.
The Early Work shall not be considered complete until Developer notifies the
County that the Early Work is complete and the final Early Work is reviewed and
approved by the County Manager or designee for compliance with the Early Work
Regulations.
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Early Work is complete, either: a) notify
Developer in writing of his approval of the Early Work; or b) notify Developer in
writing of his refusal to approve the Early Work, lherewith specifying those
conditions which Developer must fulfill in order to obtain the County Manager's
approval of the Early Work.
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 early performance security to secure satisfactory completion,
repair and maintenance of the Early 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 Early Work. The
Developer, as principal underthe early 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
J
6
H:U015\2015035 - SL\WP\EARLY Vr'ORK AUTHORIZATION\EWA Performance Agreement l90l l4.docx
EARLYWORK PERFORMANCEAGREEMENT I
THIS EARLY WORK PERFoRMANCE AGREEMENT entered inrc mi" l4 /l
4.
16.A.16.b
Packet Pg. 582 Attachment: Bond Basis (9607 : Bond Release for EWA - Siena Lakes)
7
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,
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 Deve
executed by their duly authorized representatives this
S (Name of Entity)
Sign:SIENA
Pri Name
Pri Name/Title
THE PRESENCE OF
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caused this Agreement to be
day of Januarv 2019.
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(President, VP, or CEO)
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
()
COLLIER COUNTY , FLORIDA
//--Z-
OF
By:ATTEST
4 a
as designee of the County Manager
pursuant to Resolution No. 201 5- l 62
Crystal K. Kinzel, CLERK
By:
Clerk of the Circuit Court & Comptroller
Collier
App to legality:
Scott A. Stone
Assistant County Attorney
H:V015\2015035 - SL\WP\EARLY WORK AUTHORIZATION\EWA Performance Agreement l90ll4.docx
16.A.16.b
Packet Pg. 583 Attachment: Bond Basis (9607 : Bond Release for EWA - Siena Lakes)
6rh,b,ln A u
Collier County
Growth Management Division
2800 Horseshoe Drive N
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
change / overage:
Contact:
FEE DETAILS:
Fee Description
Refundable Bonds
Cashier Name:
Batch Number:
Entered By:
2018575729
2018-773877
L2/27/2078
$8,000.00
Pavment Method
Check
Reference Number
P120180003718
Alina Ha rris
7973
ValerieKullick
Amount Paid
$8,000.00
Check Number
GL Account
670-000000-220113
$8,000.00
$0,00
Erickson Living Properties LLC - Sienna Lakes LLC
701 N4 aiden Choice Lane
Catonsville, MD 27228
Orioinal
Fee
$ 8,00 0.0 0
Amount
Paid
$ 8,0 00.0 0
16.A.16.b
Packet Pg. 584 Attachment: Bond Basis (9607 : Bond Release for EWA - Siena Lakes)