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Agenda 09/10/2019 Item #16A20 (808 Wiggins Pass Performance Bond)09/10/2019 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $1,520 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20170002291) for work associated with 808 Wiggins Pass. _____________________________________________________________________________________ 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 was posted as security for clearing and site filling associated with an Early Work Authorization for 808 Wiggins Pass SDP, (PL20160001111). On August 30, 2017, 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 Boar d approval. - SAA RECOMMENDATION: To authorize the Clerk of Courts to release the Cash Bond in the amount of $1,520. Development Review will issue a Memorandum to the Clerk of Courts upon approval of this item by the Board of County Commissioners, advis ing 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.20 Packet Pg. 618 09/10/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.20 Doc ID: 9618 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $1,520 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20170002291) for work associated with 808 Wiggins Pass. Meeting Date: 09/10/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 07/16/2019 4:11 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 07/16/2019 4:11 PM Approved By: Review: Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/16/2019 4:16 PM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 07/17/2019 8:53 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 07/18/2019 2:38 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 07/19/2019 1:57 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/22/2019 11:16 AM Growth Management Department Matthew McLean Additional Reviewer Completed 07/25/2019 2:11 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 07/29/2019 12:08 PM Growth Management Department James C French Deputy Department Head Review Completed 07/29/2019 1:46 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 08/19/2019 2:28 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/19/2019 3:02 PM Office of Management and B udget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2019 4:29 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/22/2019 8:39 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/26/2019 2:32 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM 16.A.20 Packet Pg. 619 808 WIGGINS PASS ROAD LOCATION MAP 16.A.20.a Packet Pg. 620 Attachment: Location Map (9618 : Bond Release for EWA - 808 Wiggins Pass) EARLY WORK PERFORMANCE AGREEMENT THIS EARLY WORK PERFORMANCE AGREEMENT entered into this IE day of A.^', , s f 20_:_j_, between hereinafter referred to as1i "Developer," and the Board of C ounty 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. l\,1"\1W2'z7l (the "Early Work Permit'). 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 Early Work Regulations and the Early Work Permit (the "Early Work"). 2. Developer herewith tenders its early work performance security (attached hereto Exhibit "A" andAS $ pO by reference made a part hereo0 in the amount of 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, therewith 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 under the early performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final 1 3 4 t) E 16.A.20.b Packet Pg. 621 Attachment: Bond Basis (9618 : Bond Release for EWA - 808 Wiggins Pass) 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. All of the terms, covenants and conditions herein contained are and shall be binding upon Developer and the respective successors and assigns of Developer. IN WITNESS WHEREOF, thE executed by their duly authorized rep 20 tY Board and Developer have resentatives this /0Al caused this Ag reement to be day of *tt6,u< of itv)?c8 WtaAvlrgr> R$7LVEEPROFSIG Sign Printed Name a ,r *9, LLOea f fr;97* (By Rv: srgn: fi,/yc,.- 5Ll*me/Title (President, VP, or CEO) Provide Proper Evidence of Authorit /Vax v'y''*, BOARD OF COI'NTY COMMISSIONERS OF COI,COUN FLORIDA {/n. t ///d.. h- Printed Name ATTEST DWIGHT E, BROCK, CLERK By Deputy Clerk App ved to form and legality Scott A. Stone Assistant County Attorney 2, n4 t.t glvtlc 'a^? 'aa c' r/,il,'t as designee ofthe County Manager pursuant to Resolution No. 2015-l 62 7. I 16.A.20.b Packet Pg. 622 Attachment: Bond Basis (9618 : Bond Release for EWA - 808 Wiggins Pass) EXk,L,f "4 Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 2i9-252-2400 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: 20t7 42967 2 20L7-O53L48 08/Le/20L7 $1,s20.00 Pavment Method Check Reference Number PL20t70002291 Elizabeth 14endez 6624 monroig_i Amount Paid $1,520.00 Check Number 10 81 $1,520.00 $0.00 FORT CONSTRUCTION GROUP OF SOUTH FLORIDA INC. 16000 oLD us 41 N. Naples, FL 34110 Oriqinal Fee $ 1,5 2 0.00 Amount Paid $ 1, s20.0 0 GL Account 670-000000-220113 16.A.20.b Packet Pg. 623 Attachment: Bond Basis (9618 : Bond Release for EWA - 808 Wiggins Pass) Electronic Ar{cles of OrganizationFor Florida Limited Liability Company L16000135749 FILED 8:00 AMJulv 19. 2016Sei. Of State lyarbrough Article I The name of the Limited Liabilib Company is 808 WIC,GINS PASS RO..\D, LLC Article II The street address of the principal offrce of the Limited Liabilitv Company is 3375 PINE RIDGE ROAD SUITE 206 NAPLES. FL- US 34109 The mailing address of the Limited Liability Company is 3375 PINE RIDGE ROAD SUITE 206 NAPLES. FL. US 34109 Article III Other pror.isions, if any: THE CONIPANY IS ORGANIZED WITH A GENERAL BUSINESS PIIRPOSE, HAS ALL POWERS PROVIDED BY LAW AND MAY USE THOSE POVvIERS TO ANY LAWFUL PURPOSE. Article IV The name and Florida street address of the registered agent is MICHAEL A DURANT 2210 VANDERBILT BEACH ROAD SLTITE 1201 NAPLES, FL. 34109 Having been named as registered agent and to accept service ofprocess for the above stated limited liabilitv company al lhe place designated rn ftis certificate. I hereby accept the appointnent as registered agent and agree to act in this capacity. I furfter agree to comply with the provisions of all statutes relating to the proper and complete perfbrmance of my duties. and I am l-amiliar wifi and accepl the obligations ofmy position as registered agent. Registered Agent Signature: N{ICHAEL A. DURANT 16.A.20.b Packet Pg. 624 Attachment: Bond Basis (9618 : Bond Release for EWA - 808 Wiggins Pass) Article V The name and address of person(s) authorized to manage LLC: Title: MGR STEI'E HOVLAND 3375 PINE RIDGE ROAD, SUITE 206 NAPLES, FL. 34109 US Title: MGR JOHN MAURIEL 3375 PINE RIDGE ROAD, SUITE 206 NAPLES, FL. 34109 US Title: MGR ROCKWELL MCCRADY 3375 PINE RIDGE ROAD, SUITE 206 NAPLES, FL. 34109 US Signature of member or an authorized representative Electronic Signature: JENNIFER A. CACHON L't6000135749 FILED 8:00 AMJulv 19.2016Sei. Of State lyarbrough I am the member or authorized representative submitting lhese .Articles of Organization and aflirm that the facts stated herein are true. I am aware thBt false information submitted in a document to the Departrnent of Slate constitutes a third degree felony as provided for in s.817.155. F.S. I understand the requirement to file an annual report between Januarl l st and Mal l st in the calendar year following formation of fte LLC and every year thereafter to mainlaii "aclive" slatirs. 16.A.20.b Packet Pg. 625 Attachment: Bond Basis (9618 : Bond Release for EWA - 808 Wiggins Pass)