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Agenda 01/14/2020 Item #16A15 (Bond Release - Legacy Naples New Hope Minitstries - Phase 2)01/14/2020 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $93,900 which was posted as a guaranty for Excavation Permit Number 61.159, PL201700002712 for work associated with Legacy Naples New Hope Ministries - Phase 2. 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 Legacy Naples New Hope Ministries - Phase 2. The As-Built lake cross sections have been received and the lakes has been inspected on December 3, 2019 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 $93,900. 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.15 Packet Pg. 720 01/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.15 Doc ID: 11032 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $93,900 which was posted as a guaranty for Excavation Permit Number 61.159, PL201700002712 for work associated with Legacy Naples New Hope Ministries – Phase 2. Meeting Date: 01/14/2020 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 12/03/2019 12:39 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 12/03/2019 12:39 PM Approved By: Review: Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 12/03/2019 2:54 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/03/2019 3:42 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/04/2019 9:02 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 12/06/2019 3:41 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 12/09/2019 12:48 PM Growth Management Department Matthew McLean Additional Reviewer Completed 12/16/2019 10:15 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 12/16/2019 4:28 PM Growth Management Department Lucia Martin Deputy Department Head Review Skipped 12/17/2019 8:00 AM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 12/23/2019 7:54 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/23/2019 11:07 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/26/2019 3:56 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/27/2019 9:26 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/06/2020 9:19 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/14/2020 9:00 AM 16.A.15 Packet Pg. 721 LEGACY NAPLES NEW HOPE MINISTRIES - PHASE 2 LOCATION MAP 16.A.15.a Packet Pg. 722 Attachment: Location Map (11032 : Excavation Bond Release - Legacy Naples New Hope Ministries - Phase 2) EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this .- l+a 20 t-l between Leqacv Naples. LLC. hereinafter referred to li ' aay ot as "Developer," and the Board of County Commrssioners of Collier County, Florida, hereinafter refe rred to as the "Board". WHEREAS, Developer has applied for an excavation permit in accordance with Section 22-106, et a/. of the collier county code of Laws and ordinances, and the collier county Land Development Code, including bui not limited to Section 3.05.10 (collectively, the "Excavation Regulations"); and WHEREAS, the Excavation Regulations require the Developer to post appropriate guarantees and execute an Excavation Performance Security Agreement.stating apllicant will Iomply with the Excavation Regulations and Excavation Permit No. a L (the "Excavation Permit'). ..": " ' ) NOW, THEREFORE, in consideration of the foregoing premises and mulual 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 hereo0 in the amount of $93.900'00 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 insure satisfactory completion of the Excavation Work. 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. 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 Devlloper in writing of his approval of the Excavation Work; or b) notify the Developer in writing of his refusal to approve the Excavatlon Work, therewith specifying those conditions which Developer must fulfill in order to obtain the County Manager's approval of the Excavation 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 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, 4 4 6 16.A.15.b Packet Pg. 723 Attachment: Bond Basis (11032 : Excavation Bond Release - Legacy Naples New Hope Ministries - Phase 2) the Excavation Work. The Developer, as principal under the excavation 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 Developer to fulfill all of the provisions of this Agreement. T. 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 i/- day of ri,::^.-2 '\ ,20 -' . SIGNED IN THE PRESENCE OF: Sign:Legacy Naples, LLC Print"O Name f,"U Sign: Printed NameiTitle Jordan Goldberg, Manager Authorized Representative Sez By Pri ATTEST DWIGHT E. BROCK, CLERK Deputy Clerk as to form and legality Scott A. Stone Assistant County Attorney BOARD OF SSIONERS OF COLLIER AS of pursuant to Resolution No. 2015-162 '/b il,nFJ./€ 16.A.15.b Packet Pg. 724 Attachment: Bond Basis (11032 : Excavation Bond Release - Legacy Naples New Hope Ministries - Phase 2) EXHIBIT A Cash bond in the amount of $93,900.00 delivered to Collier County To be released in accordance with Excavation Performance Agreement, Lake Excavation Ordinance and LDC' 16.A.15.b Packet Pg. 725 Attachment: Bond Basis (11032 : Excavation Bond Release - Legacy Naples New Hope Ministries - Phase 2) Collier County Growth Management Division 2800 Horseshoe Drive N Naples, FL 34104 239-2s2-2400 RECEIPT OF PAYMENT Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage! Contact: FEE DETAILS: Ee Descdp$gn Refundable Bonds Cashier Name: Batch Numben Entered By: 2017424460 2077-047936 07 /28/2077 $83,960.00 Pavment Method Check Reference Number PL20L70002772 Amount Paid $83,e60.00 Check Number 319816 $83,960.00 $0.00 GOLDBERG COIYPANIES INC 25101 CHAGRIN BLVD BEACHWOOD, OH 441"22 Orioinal Fee $83,960.00 Amount Paid $83,960.00 GL Account 670-000000-220113 MartinRuedy 6568 ValerieKullick 16.A.15.b Packet Pg. 726 Attachment: Bond Basis (11032 : Excavation Bond Release - Legacy Naples New Hope Ministries - Phase 2) Collier County Growth Management Division 2800 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 Descriotion Refundable Bo nds Cashier Name: Batch Number: Entered By: 2077455374 2017-078850 12/07 /20t7 $9,940.00 Pavment Method Check Reference Number PL201,70002772 AlinaHarris 6910 ValerieKullick Amount Paid $9,940.00 Check Number 322539 $9,940.00 $0.00 GOLDBERG CO[4 PANIES INC 25101 CHAGRIN BLVD BEACHWOOD, OH 44L22 Orioinal Fee $ 9,940.00 Amount Paid $9,940.0 0 GL Account 670-000000-220113 16.A.15.b Packet Pg. 727 Attachment: Bond Basis (11032 : Excavation Bond Release - Legacy Naples New Hope Ministries - Phase 2)