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Agenda 10/08/2019 Item #16A 1 (Bentley Village Bond Release)10/08/2019 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 60.154, PL20170000928 for work associated with Vi at Bentley Village Multi-Family Building. 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 Vi at Bentley Village Multi-Family Building. The As-Built lake cross- sections have been received, and the lake has 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. - SAA 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.1 Packet Pg. 439 10/08/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.1 Doc ID: 9949 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 60.154, PL20170000928 for work associated with Vi at Bentley Village Multi-Family Building. Meeting Date: 10/08/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 08/26/2019 12:58 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 08/26/2019 12:58 PM Approved By: Review: Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 08/26/2019 4:26 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/26/2019 5:06 PM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 09/03/2019 8:37 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 09/05/2019 1:57 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 09/06/2019 1:15 PM Growth Management Department Matthew McLean Additional Reviewer Completed 09/06/2019 1:19 PM Growth Management Department James C French Deputy Department Head Review Completed 09/11/2019 3:55 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 09/13/2019 9:30 AM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 09/17/2019 8:20 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/17/2019 2:11 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 09/24/2019 11:22 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/24/2019 1:28 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/29/2019 5:30 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/08/2019 9:00 AM 16.A.1 Packet Pg. 440 VI AT BENTLEY VILLAGE MULTI-FAMILY BUILDING LOCATION MAP 16.A.1.a Packet Pg. 441 Attachment: Location Map (9949 : Excavation Bond Release - Vi at Bentley Village Multi-Family Building) Vi at BENTLEY VILLAGE - MULTI-FAMILY BUILDING coLLlER COUNTY PL20170000928 The Performance Agreement for Excavation shall be substantially as follows: EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEI4ENT entered into this 1st day of March 2018 between Cc-Naples, lnc. d/b/a Vi at Bentley Village 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 excavation permit in accordance with Section 22- 106, et al. of the Collier Counly Code of Laws and Ordinances, and the Collier County Land Development Code, including but not limited to_:5.qd]-Qlt !_]]5-10 (collectively, the "Excavation Regulations"); and WHEREAS, the Excavation Regulations require the Developer to post appropriate guarantees and execute an Excavation Perforrnance Security Agreement statlng applicant will comply with the Excavation Regulations and Excavation Permit No. PL20'170000928 (the "Excavation 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: 1 . Developer agrees to comply with the Excavation Regulations and the Excavation Permit (the "Excavation Work"). 2. 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. 3. 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 ensure satisfactory completion of the Excavation Work. 4. 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. 5. 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 Worki 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. 6. 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 excavatjon 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 consequenlial, which the Board may sustain on account of the failure of Developer to fulfill all of the provisions of this Agreement. H:\ 2013\ 2013028C\ lvP\ EXCAVATTON\Excavation perfornunce Agreement 1s03O1.do€x 16.A.1.b Packet Pg. 442 Attachment: Bond Basis (9949 : Excavation Bond Release - Vi at Bentley Village Multi-Family Building) 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 this l/.f, day of March 2018. ATTEST t5- tae-. SIGNED IN THE PRESENCE OF CC-Naples,Inc., By Gary Srnith, Vice President/Treasurer Print Name/Title (President, VP, or CEO) (Provide Proper Evidence of Authority) Printed Name {ettria-B*"$,-+. (See attached Evidence of Authority)l.r Printed name e Jc..rr A o" rreA BOARD OF COUNTY COMMISSIONERS OF COLLIER COLTNTY, FLORIDA Jqttll l(r(r DWIGHT E. BROCK, CLERK By As )- sl.1"n r- P€ -/-.p Lo'^t1 By: t""^=ftrFtsr-!*a-.f fo Rtz6ffio 1 Deputy Clerk as form and legality: Assistant County Attorney Scott A. Stone, H:\2013\2013028C\ WP\ EXCAVATION\Excavation Perfornrance Agreement 180301.dtrx 16.A.1.b Packet Pg. 443 Attachment: Bond Basis (9949 : Excavation Bond Release - Vi at Bentley Village Multi-Family Building) €,uln,b,* "4 II Collier County Growth Management Division 28O0 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: 2018480508 2018-019256 03/08/2078 $ 2 5,00 0.0 0 Pavment Method Check Reference N umber P120170000928 Amount Paid $2s,000.00 Check Number 00846499 GL Account 670-000000-220113 $25,000.00 $0.00 CC Naples, Inc. DBA Bentley Village 701 Retreat Drive Naples, FL 34110 Oriqinal Fee $ 2 s,000.00 Amount Paid $ 2 s,00 0.0 0 LeaDerence 7740 Va lerieKu llick 16.A.1.b Packet Pg. 444 Attachment: Bond Basis (9949 : Excavation Bond Release - Vi at Bentley Village Multi-Family Building) 2018 FOREIGN PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P38368 Entity Name: CC-NAPLES, lNC. Current Principal Place of Business: 71 S. WACKER DRIVE SUITE 9OO cHtcAGo, tL 60606 FILED Jan 10,2018 Secretary of State cc7534859022 Current Mailing Address: 71 S. WACKER DRIVE SUITE 9OO CHICAGO, IL 60606 US FEI Number: 36-3822569 Name and Address of Current Registered Agent: Certificate of Status Desired: No THE PRENTICE HALL CORPORATION SYSTEM INC. 1201 HAYS ST. sutTE 105 TALLAHASSEE, FL 32301 US The above namad enli{y suDrnits lhis statemenl tor tha purpose ot changing ils rogislercd olflce or nglstorod agent, or bolh, in the Stale of Floida. SIGNATURE: Eleclronic Signature of Registered Agent Offlcer/Dlrector Detall : Title EXEC CHAIRMAN, DIRECTOR Name POORMAN, J. KEVIN Address 71 S. WACKER DRIVE SUITE 9OO City-State-Zip: CHICAGO lL 60606 Date Title Name Address VP, SEC FIELDS, STEPHANIE W 71 S. WACKER DRIVE sulTE 900 cHlcAGo lL 60606 Title Name Addrass City-State-Zip: Title Name Address DIRECTOR, TREAS., VP, ASST, SEC, SMITH, GARY 71 S. WACKER DRIVE sutTE 900 cHlcAGo lL 60606 PRES., DIRECTOR RICHARDSON. RANDAL J 71 S. WACKER DRIVE SUITE 9OO cHtcAGo tL 60606City-State-Zip:City-State-Zip: oath: that I am ah otfl@t ot dheclor ol lhe corpotallon or the tweiver ot lrusleo empow@d lo execule lhis nporl as rqulbd by Chaplq 607, Flodda Slalulos; and lhal my name eppoars abova, ot on dn allechmenl wilh dll olhdr liko mpoworud , SIGNATURE: STEPHANIE W. FIELDS 01t10t2018 Electronic Signature of Signing Officer/Director Detail SECRETARY Date 16.A.1.b Packet Pg. 445 Attachment: Bond Basis (9949 : Excavation Bond Release - Vi at Bentley Village Multi-Family Building)