Loading...
Agenda 09/10/2019 Item #16A22 (PRROW20170833821 Performance Bond)09/10/2019 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $15,000 which was posted as a guaranty for work within the County Right -of-Way; permit PRROW20170833821. 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 the County Right -of-Way Handbook, permits for work within the County Right-of-Way may be issued, provided a suitable restoration performance security is posted. However, at the request of the developer, the ROW permit was cancelled, 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 Performance Bond in the amount of $15,000. Development Review staff will issue a Memorandum to the Clerk of Courts upon approval of this item by the Board of County Commissioners, advisi ng the Clerk of this action. Prepared by: Lucia Martin, Technician, Development Review ATTACHMENT(S) 1. Bond Basis (PDF) 16.A.22 Packet Pg. 636 09/10/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.22 Doc ID: 9668 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $15,000 which was posted as a guaranty for work within the County Right -of-Way; permit PRROW20170833821. Meeting Date: 09/10/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 07/23/2019 1:47 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 07/23/2019 1:47 PM Approved By: Review: Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/23/2019 2:24 PM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 07/23/2019 4:52 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 07/24/2019 9:43 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 07/30/2019 9:40 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/30/2019 9:41 AM Growth Management Department Matthew McLean Additional Reviewer Completed 07/31/2019 5:05 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 08/01/2019 12:58 PM Growth Management Department James C French Deputy Department Head Review Completed 08/01/2019 1:35 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 08/20/2019 3:48 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/20/2019 4:54 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2019 4:33 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/23/2019 9:23 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/26/2019 2:45 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM 16.A.22 Packet Pg. 637 WIRELESS FACILITIES ON WIRELESS SUPPORT STRUCTURES IN COUNTY RIGHT OF WAY PERFORMANCE AGREEMENT THIS WIRELESS FACILITIES ON WIRELESS SUPPORT STUCTURES IN COUNTY RIGHT OF WAY PERFORMANCE AGREEMENT entered into this-��-day of March, 2018, between Mobilitie, LLC hereinafter referred to as "Provider," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". WHEREAS, Provider has applied to locate Wreless Facilities on Wireless Support Structures in accordance with the Collier County Code of Laws and Ordinances, including but not limited to Ordinance 2017-27 and the Construction Standards Handbook for Work within the Public Right­ of-Way Collier County, Florida (collectively, the "Right-of-Way Use Regulations"); and WHEREAS, Ordinance 2017-27 requires Provider to post appropriate performance guarantees to ensure compliance with the Right-of-Way Use Regulations, to protect against any damage or abandonment of facilities that may take place within rights-of-way and easements and compliance with the terms of Right-of-Way Permit No. PRROW2017083382101 . NOW, THEREFORE, in consideration of the foregoing promises and mutual covenants hereinafter set forth, Provider and the Board do hereby covenant and agree as follows: 1.Provider agrees to comply with the Right-of-Way Use Regulations. 2.Provider herewith tenders its right-of-way use performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of$ 15,000.00. 3.In the event of default by the Provider or failure of Provider to comply with the Right-of-Way Use Regulations and to restore Right-of-Way upon abandonment of the facilities or termination of useafthe facilities within the time required by the Right­ of-Way Use Regulations, Collier County, may call upon the right-of-way performance security to ensure satisfactory removal and restoration of the Right­ of-Way. 4.The Right-of-Way restoration shall not be considered complete until Provider notifies the County that the Right-of-Way restoration is complete and the Right-of­ Way is inspected and approved by the County Manager or designee for compliance with the Right-of-Way Use Regulations. 5.The County Manager or designee shall, within sixty (60) days of receipt of notification by Provider in writing that the Right-of-Way restoration is complete, either: a) notify Provider in writing of his approval of the Right-of-Way restoration; or b) notify Provider in writing of his refusal to approve the Right-of-Way restoration, therewith specifying those conditions which Provider must fulfill in order to obtain the County Manager's approval of the Right-of-Way restoration. 6.In the event Provider 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 Right-of-Way Use performance security to secure satisfactory restoration, repair and maintenance of the Right-of-Way. The Board shall have the right to remove abandoned facilities or facilities deemed unsafe, pursuant to the Page I of2 16.A.22.a Packet Pg. 638 Attachment: Bond Basis (9668 : ROW Bond Release - Mobilitie - PRROW20170833821) terms set forth in Ordinance No. 2017 -27 and restore the right-of-way or cause to be restored, pursuant to public advertisement and receipt and acceptance of bids. The Provider, as principal under the right-of-way use 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 Provider 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 Provider and the respective successors and assigns of Provider. IN WITNESS WHEREOF, the Board and Provider have caused this Agreement to be executed by their duly authorized representatives this Z.. '\ day of March, 2018. Printed �ame0,,..., LJ L.,/2.,,-/ S / r _,;:,.r,-, �J <: e,,, ATTEST: DWIGHT E. BROCK, CLERK By: _______ _ Deputy Clerk Approved as to form and legality: Scott A. Stone Assistant County Attorney MOBILITIE, LLC By•�bg(JJ Printed Name/Title ):)Ar,JA � £:JP BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA '-f /,�tt By• 7&(:fl{Z--[lt,r//fa•l"" As designee of the County Manager Pursuant to Resolution No. 2017-110 Page 2 of2 16.A.22.a Packet Pg. 639 Attachment: Bond Basis (9668 : ROW Bond Release - Mobilitie - PRROW20170833821) 16.A.22.a Packet Pg. 640 Attachment: Bond Basis (9668 : ROW Bond Release - Mobilitie - PRROW20170833821) EXHIBIT"A" to bind the Provider and the Surety to the full and faithful performance in accordance with the Right-of-Way Use Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BONO to be executed this 22nd day of March , 20-=1�8._ __ WITNESSES: LCD��� Printed Name l-1asha L Free- (Provider Name and Title if Corporation)Mobilitie, LLC By:� Printed Name/Title (;)ve.9 Lb\WS'O n / VPj Ct>"� l �t' (Provide Proper Evidence of Authority) ACKNOWLEDGEMENT STATE OF _____ _ COUNTY OF ____ _ THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS __ DAY OF -------� 20 __ , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED _______ AS IDENTIFICATION. Notary Public -State of _____ _ Printed Name WITNESSES: (SEAL) (Surety Name and Title if Corporation) The Hq..i..,,....,..::..,i By:_......,_ ___ -,,,,::;-_Printed Name/Tit aniel Huckabay' Attorney-in-Fact (Provide ProP, Evidence of Authority) ACKNOWLEDGEMENT 16.A.22.a Packet Pg. 641 Attachment: Bond Basis (9668 : ROW Bond Release - Mobilitie - PRROW20170833821) EXHIBIT"A" STATE OF _______ _ COUNTY OF ______ _ THE FOREGOING PERFORMANCE BONO WAS ACKNOWLEDGED BEFORE ME THIS __ DAY OF ______ , 20_, BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PR ODUCED ______ AS IDENTIFICATION. Notary Public -State of _____ _ (SEAL) Printed Name 16.A.22.a Packet Pg. 642 Attachment: Bond Basis (9668 : ROW Bond Release - Mobilitie - PRROW20170833821) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On March 22, 2018 before me, Adrian Ben kert-Langrell, Notary Public (insert name and title of the officer) personally appeared _D_a_n_ie_l_H_u_c_k_a _ba�y�---------------------­who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) ••" 0 ' '• ADRIAN BENKERT-LANGRELL/ , •. ,. .. \ COMM. #2214263 <'l • � -r/1 : ; Notary Public-California a: •. , ORANGE COUNTY 11. My Comm. Expires Sep 15,2021 16.A.22.a Packet Pg. 643 Attachment: Bond Basis (9668 : ROW Bond Release - Mobilitie - PRROW20170833821) 16.A.22.a Packet Pg. 644 Attachment: Bond Basis (9668 : ROW Bond Release - Mobilitie - PRROW20170833821) 16.A.22.a Packet Pg. 645 Attachment: Bond Basis (9668 : ROW Bond Release - Mobilitie - PRROW20170833821)