Agenda 12/10/2019 Item #16A24 (Performance Bond Release - Indigo Lakes Unit 7)12/10/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$25,890 which was posted as a guaranty for Excavation Permit Number 59.708-2, AR-2076,
PL20120001705 for work associated with Indigo Lakes Unit 7 - Lakes 4 and 5.
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 Isles of Indigo Lakes Unit 7 - Lakes 4 and 5. The As-Built lake cross
sections have been received and the lakes 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 $25,890. 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, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.24
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12/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.24
Doc ID: 10631
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $25,890 which was posted as a guaranty for Excavation Permit Number 59.708-2, AR-
2076, PL20120001705 for work associated with Indigo Lakes Unit 7 – Lakes 4 and 5.
Meeting Date: 12/10/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
10/21/2019 1:53 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
10/21/2019 1:53 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/21/2019 3:22 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 10/21/2019 4:27 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 10/22/2019 7:42 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/24/2019 2:03 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/06/2019 3:15 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 11/08/2019 8:18 AM
Growth Management Department James C French Deputy Department Head Review Completed 11/08/2019 5:15 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 11/15/2019 9:56 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/15/2019 3:42 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/15/2019 4:58 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/18/2019 9:29 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/18/2019 10:08 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/25/2019 5:10 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM
16.A.24
Packet Pg. 1857
INDIGO LAKES UNIT 7 – LAKES 4 AND 5
LOCATION MAP
16.A.24.a
Packet Pg. 1858 Attachment: Location Map (10631 : Excavation Bond Release - Indigo Lakes Unit 7 - Lakes 4 and 5)
aitional City INTERNATIONAL DIVISION #7532 TELEX:212537 6711
P.O. BOX 5101 ANSWER BACK:NC
CLEVELAND,OHIO 441 01-01 01 U.S.A. SWIFT:NATCUS33
STREET ADDRESS:
LETTER OF CREDIT
23000 MILLCREEK BLVD.
1-800-622-8074
CLEVELAND,OHIO 44122
EXPORTS OPTION 3
STANDBY'S OPTION 4
COLLECTIONS OR
FOREIGN CHECKS OPTION 5
IRREVOCABLE STANDBY LETTER OF CREDIT
BENEFICIARY: APPLICANT:
THE BOARD OF COUNTY COMMISSIONERS,INDIGO PRESERVE,LLC,
COLLIER COUNTY,FLORIDA A FLORIDA LIMITED LIABILITY COMPANY
ATTN: MR. JOHN HOULDSWORTH 8310 BIG ACORN CIRCLE,#1001
DEVELOPMENT REVIEW SERVICES NAPLES,FL 34119
2800 HORSESHOE DRIVE NORTH
NAPLES,FL 34104
ISSUER: NATIONAL CITY BANK (HEREINAFTER"ISSUER")
23000 MILLCREEK BLVD.,
CLEVELAND, OHIO 44122
DATE OF ISSUE: JULY 09, 2002
PLACE OF EXPIRY: OUR COUNTERS AT 23000 MILLCREEK BLVD., CLEVELAND, OHIO 44122
DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL JULY 08, 2004,AND SHALL
THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE(1)YEAR PERIODS ON
THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY(60)DAYS PRIOR TO ANY
ANNIVERSARY DATE,THE ISSUER NOTIFIED THE BENEFICIARY IN WRITING BY REGISTERED
MAIL OR OVERNIGHT COURIER THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT.
APPLICANT: INDIGO PRESERVE,LLC,A FLORIDA LIMITED LIABILITY COMPANY
HEREINAFTER"APPLICANT"), 8310 BIG ACORN CIRCLE,#1001,NAPLES,FL 84119.
BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS,COLLIER COUNTY,FLORIDA
HEREINAFTER"BENEFICIARY")ATTN: MR.JOHN HOULDSWORTH, DEVELOPMENT REVIEW
SERVICES, 2800 HORSESHOE DRIVE NORTH,NAPLES,FL 34104.
AMOUNT: TWENTY FIVE THOUSAND EIGHT HUNDRED NINETY DOLLARS AND 00/100 CENTS
25,890.00)(U.S.)UP TO AN AGGREGATE THEREOF.
CREDIT AVAILABLE WITH: ISSUER
BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFT(S)AT
SIGHT DRAWN ON THE ISSUER.
li
ORIGINAL
16.A.24.b
Packet Pg. 1859 Attachment: Bond Basis (10631 : Excavation Bond Release - Indigo Lakes Unit 7 - Lakes 4 and 5)
INTERNATIONAL DIVISION #7532 TELEX:212537
P.O. BOX 5101 ANSWER BACK:NCB UR
CLEVELAND,OHIO 44101-0101 U.S.A. SWIFT:NATCUS33
STREET ADDRESS: LETTER OF CREDIT
23000 MILLCREEK BLVD. 1-800-622-8074
CLEVELAND,OHIO 44122 EXPORTS OPTION 3
STANDBY'S OPTION 4
COLLECTIONS OR
FOREIGN CHECKS OPTION 5
PAGE 2 OF 2
L/C NO. SCL007998
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S)AT SIGHT DRAWN ON THE
ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE
COUNTY MANAGER, CERTIFYING THAT: "KENCO DEVELOPMENT INC. HAS FAILED TO
CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN
EXCAVATION PERMIT (PERMIT NUMBER 59-708 MOD)FOR INDIGO LAKES UNIT SEVEN OR A
FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY PURSUANT TO COLLIER COUNTY
ORDINANCE NO. 91-102 AS AMENDED,HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF
EXPIRY,AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN
PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY."
DRAFT(S)DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN UNDER
NATIONAL CITY BANK LETTER OF CREDIT NO. SCL007998,DATED JULY 9, 2002"THE ORIGINAL
LETTER OF CREDIT AND ALL AMENDMENTS,IF ANY,MUST BE PRESENTED FOR PROPER
ENDORSEMENT.
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING
AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED,AMENDED, OR AMPLIFIED
BY REFERENCE TO ANY DOCUMENTS,INSTRUMENT, OR AGREEMENT REFERENCED TO
HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES,AND ANY SUCH REFERENCE SHALL
NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT,INSTRUMENT
OR AGREEMENT.
ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S)DRAWN UNDER AND IN
COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF
PRESENTED WITHIN THE VALIDITY OF THIS CREDIT. DOCUMENTS MUST BE PRESENTED AT
23000 MILLCREEK BLVD.,CLEVELAND, OHIO 44122.
EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN,THIS LETTER OF CREDIT IS SUBJECT TO
THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION)
INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500.
VERY TRULY YOURS,
AUTHORI7FD SIGNATURE AUTHO ZED SI N TURE
NATIONAL CITY BANK NATIONAL CITY BANK
C_-
ORIGINAL
16.A.24.b
Packet Pg. 1860 Attachment: Bond Basis (10631 : Excavation Bond Release - Indigo Lakes Unit 7 - Lakes 4 and 5)