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Agenda 09/24/2019 Item #16A 1 (Release of Cash Bond - for Vanderbilt Reserve)09/24/2019 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of $56,620 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20170004022) for work associated with Vanderbilt Reserve. _____________________________________________________________________________________ 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 Vanderbilt Reserve PPLA, (PL20180000356). On June 12, 2018, the PPLA was approved by the Board of County Commissioners and the bond is no longer required. A recent inspection confirmed that the developer has fulfilled the commitments of the EWA. 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 $56,620. 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.1 Packet Pg. 671 09/24/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.1 Doc ID: 9617 Item Summary: Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of $56,620 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20170004022) for work associated with Vanderbilt Reserve. Meeting Date: 09/24/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 08/12/2019 8:15 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 08/12/2019 8:15 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 08/12/2019 10:37 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 08/12/2019 1:36 PM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 08/13/2019 8:26 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 08/19/2019 10:52 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/26/2019 4:41 PM Growth Management Department Matthew McLean Additional Reviewer Completed 08/27/2019 7:24 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 09/03/2019 8:55 AM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 09/03/2019 4:25 PM Growth Management Department James C French Deputy Department Head Review Completed 09/04/2019 4:43 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 09/10/2019 1:41 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/12/2019 9:39 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/13/2019 9:39 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/16/2019 10:15 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/24/2019 9:00 AM 16.A.1 Packet Pg. 672 VANDERBILT RESERVE LOCATION MAP 16.A.1.a Packet Pg. 673 Attachment: Location Map (9617 : Bond Release for EWA - Vanderbilt Reserve) EARLY WORK PERFORMANCE AGREEI/lENT 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. _PL201600004022_ (the'Early Work Permit'). NOW, THEREFORE, in consideration of the fofegoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer herewith tenders its early work performance security (attached hereto as Exhibit 'A" and by reference made a part hereof) in the amount of $_56,620.00_. ln the event of default by Developer or failure ot Developer to complete the Early Work within the time required by the Early Work Regulations and Earty 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 notjfies 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. 4 5 The County luanager 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 tn writing of his refusal to approve the Early Work, therewith specifying those conditlons which Developer must fulfill in order to obtain the County l\ranager's approval of the Early Work. ln the event Developer shall fail or neglect to fulfill its obligations under thrs Agreement, upon certification of such failure, the County NIa;ager or designee may call upon the early performance security to secure satisfacaory compleiion,repair and maintenance of the Earty Work. The Board shall hav; the ;ight toconstruct and maintain, or cause to be constructed or maintained, pursu;nt topublic advertisement and receipt and acceptance of bids, the Eariy'Work. The _D_el/eloper. as p.rincrpal under the early performance security. sha be'trabL to oayand to rndemnify the Board. upon complelon of such construction the frnal tota, 6 THIS EARLY WORK PERFORMANCE AGREEMENT entered into this 14 day of December. 2017, between SOBEL VANDERBILT. LLC hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". Developer agrees to comply with the Early Work Regulations and the Early Work Permit (the "Early Work"). 1. 2. 16.A.1.b Packet Pg. 674 Attachment: Bond Basis (9617 : Bond Release for EWA - Vanderbilt Reserve) 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/rave caused this Agree.menlto be executed by their duly authorized representatives this '/* day of ,120?-n/bly' , 20 t7 . 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. SIGNED IN PRESENCE OF LLC) Si ,,92 \T Tirso San Jose/Agent Printed Name Printed Name/Title (President, VP, or CEO) Provide Proper Evidence of Authority) Printed Name BOARD OF OF COLLIER ATTEST By t/o e ofthe Manager pursuant to Resolution No. 2015-162 DWIGHT E. BROCK, CLERK By Deputy Clerk as to form and legality: A. Stone s By: Sign t Assistant County Attorney (Sobel 16.A.1.b Packet Pg. 675 Attachment: Bond Basis (9617 : Bond Release for EWA - Vanderbilt Reserve) €tl, b,+ ' A Collier County Growth Management Division 2800 Horseshoe Drive N, Naples, FL 341U 239-252-2400 RECEIPT OF PAYMENT Receipt Nu mber: Transaction Number: Date Paid: Amount Due! Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Description Refu ndable Bonds cashier Name: Batch Number: Entered By: 2077452056 2077-075532 tr/27 /2017 $s5,620.00 Pavment Method Check Reference Number Pt20L7 0004022 Amount Paid $s5,620.00 Check Nu mber 027647978 GL Account 670-000000-2201 13 $s6,620.00 $0.00 SOBEL VANDERBILT LLC STE # 370 STE # 370 2385 NW EXECUTIVE CENTER DR BOCA RATON , FL 33431 Orioinal Fee $56,620.00 Amount Eic $s6,620.00 EvelynTrimino 6880 ValerieKullick 16.A.1.b Packet Pg. 676 Attachment: Bond Basis (9617 : Bond Release for EWA - Vanderbilt Reserve) SobelVanderbilt, LLC 2385 NW Executive Center Drive Suite 370 Boca Raton, Florida 33431 (561) 994-3434 (s61) 994-3430 Letter of Authorization Sobel Vanderbilt, LLC whose address is: 2385 NW Executive Center Drive Suite 370 Boca Raton, Florida 33431 Hereby designates: Tirso San Jose 2385 NW Executive Center Drive, Suite 370 Boca Raton, Florida 33431 A parcel of land located in the Southwest V4 of Section 34, Township 48 South, range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the South % corner of Section 34, Township 48 South, Range 26 East, Collier County, Florida; thence run North 02 13'26" West along the East line of the Southwest Z of said Section 34, for a distance of 2,005.53 feet to the Southeast corner of the North % of the Northeast % of the Southwest Z of said Section 34 and the Point of Be8inning of the parcel of land herein described; thence run North 89 51'58" West along the South line ofthe north % ofthe Northeast % ofthe Southwest % ofsaid Section 34, for a distance of 1,245.00 feet; thence run North 02 13'26" West, parallel with the East line of the Southwest % of said Section 34, for a distance of 1,245.00 feet; thence run South 02 13'25" East along the East line of the Southwest U47 of said Section 34, for a distance of 420.21 feet to the Point of BeginninS. More commonly known as Sobel Vanderbilt, LLC Signed this lqtt.of hh".br 2075 Bristol Pines, LLc By: Its: . sobel nager NOTARY,S SIGNATURE as tO OWNET OT Agent's Signature Name & Title (printed). Ddin Personally Known or Produced ldentification Type of ldentrfication Produced- rrtL irdjvPlnloS.dFEi(L ffi 65gr',:u" BY; Jeffrey E. sobel To act on behalf of Sobel Vanderbilt, LLC for the purpose of subm;ttin8 any application needed for permittin& zoning or construction contracts on property located at: ,bft , \ifr;^p 1.,9^-' 16.A.1.b Packet Pg. 677 Attachment: Bond Basis (9617 : Bond Release for EWA - Vanderbilt Reserve) 12t29t2017 Detail by Entity Name Duur-xt rtj Dij,!U jU,:'t'!()t { ) Drvrsroru or Conponlrtor.ts ---' / /t 4!tt,; ,,l1OfQ / ""2";'t J (t Deoartment of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Florida Limited Liability Company SOBEL VANDERBILT LLC Filing lnformation Document Number 115000193766 FEUEIN Number 81-1962441 Date Filed 1111612015 Effective Date 1111212015 State FL Status ACTIVE Principal Address 2385 NW EXECUTIVE CENTER DRIVE SUITE 370 BOCA RATON, FL 33431 Mailing Address 2385 NW EXECUTIVE CENTER DRIVE SUITE 370 BOCA RATON, FL 33431 Registered Agent Name & Address SOBEL, JEFFREY E 2385 NW EXECUTIVE CENTER DRIVE, SUITE 370 BOCA RATON, FL 33431 Authorized Person(s) Detail Name & Address Title MGR SOBEL, JEFFREY E 2385 NW EXECUTIVE CENTER DRIVE, SUITE 370 BOCA RATON, FL 33431 Title MGR SOBEL, SAMUEL R 2385 NW EXECUTIVE CENTER DRIVE, SUITE 370 BOCA RATON, FL 33431 Annual Reports http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=SOBELVAN... 1/2 16.A.1.b Packet Pg. 678 Attachment: Bond Basis (9617 : Bond Release for EWA - Vanderbilt Reserve)