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Agenda 01/14/2020 Item #16A16 (Bond Release - Club Pelican Bay GC Restoration)01/14/2020 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 PL20190000647 for work associated with Club Pelican Bay Golf Course Restoration. 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 Club Pelican Bay Golf Course Restoration. The As-Built lake cross sections have been received and the lake has been inspected on December 2, 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 $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, Associate Project Manager, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 16.A.16 Packet Pg. 728 01/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.16 Doc ID: 11033 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 PL20190000647 for work associated with Club Pelican Bay Golf Course Restoration. Meeting Date: 01/14/2020 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 12/03/2019 1:06 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 12/03/2019 1:06 PM Approved By: Review: Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 12/03/2019 2:55 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/03/2019 3:47 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 3:47 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 10:17 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 7:53 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/23/2019 11:04 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/26/2019 3:53 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/27/2019 9:23 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/06/2020 9:25 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/14/2020 9:00 AM 16.A.16 Packet Pg. 729 CLUB PELICAN BAY GOLF COURSE RESTORATION LOCATION MAP 16.A.16.a Packet Pg. 730 Attachment: Location Map (11033 : Excavation Bond Release - Club Pelican Bay Golf Course Restoration) EXCAVATION PERFORMANCE AGREEIVENT THIS EXCAVATION PERFORI\,4ANCE AGREEIMENT entered into this rr.oa yof April, 20'19 between The Club Pelican Bay, Inc., 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 County Code of Laws and Ordinances, and the Collier County Land Development Code, including but 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 applicant will comply with the Excavation Regulations and Excavation Permit No. PL20190000647 (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: Developer agrees to comply with the Excavation Regulations and the Excavation Permit (the Excavation Work"). 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. 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 Work; 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. 1 5 In 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. 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 wrth the Excavation Regulations. 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 excavation performance security, shall be liable to pay and to indemnify the Board, upon completion of such 2. 6. 16.A.16.b Packet Pg. 731 Attachment: Bond Basis (11033 : Excavation Bond Release - Club Pelican Bay Golf Course Restoration) 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 DevelopgsJrave caused this Agreement to be executed by their duly authorized representatives this _ffilay of April, 2019. 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. E THE UB PELICAN Y, INC By SIGNED IN ted Name S l$t .l t|x^6 ^/ Bo *tn col*u.b* Printed Name/Titte ,To M 0/tc Caa{y (President, VP, or CEO) Provide Proper Evidence of Authority) ; llru'n- Printed Name ATTEST Crystal K. Kinzel, CLERK By Clerk of the Circuit Court & Comptroller Collier Counfy, Florida as to form and legality Sally Ashkar Assistant County Attorney BOARD OF COLNTY COMMISSIONERS OF COLLIER FLORIDA By: as designee of the County Manager pursuant to Resolution No. 2015- 162 r 16.A.16.b Packet Pg. 732 Attachment: Bond Basis (11033 : Excavation Bond Release - Club Pelican Bay Golf Course Restoration) a {h ,b | "4 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 Description Refundable Bonds Cashier Name: Batch Number: Entered By: 20L9607 t87 2019-030461 04/05/20L9 $2s,000.00 Pavment Method Check $2s,000.00 $0.00 The Club Pelican Bay 707 cu lf Park Dr Naples, FL 34108 Reference Number P120190000647 Amount Paid $2s,000.00 check Number 10196 Orioinal Fee $ 2 5,000.00 Amount Paid $2 5,0 00.0 0 gl.Accasrt 670 -000000-2 2 0113 Richard Koenigsknecht 8162 ValerieKullick ,l 16.A.16.b Packet Pg. 733 Attachment: Bond Basis (11033 : Excavation Bond Release - Club Pelican Bay Golf Course Restoration) 4t512019 Detail by Entity Name DtvrstoN oF CoRPoRATroNs a-'-. Depad4elf-arclaQ / Division of Corpalallel9 / Search Records / Detail By-.lDsllllgALNtJI]bg / Detail by Entity Name Florida Not For Prorlt Corporation THE CLUB PELICAN BAY INC. Filing lnformation Document Number N40887 FEUEIN Number 65-0221331 Date Filed 1111511990 State FL Status ACTIVE Last Event AMENDED AND RESTATEDARTICLES/NAl\ilE CHAN GE Event Date Filed 0411811997 Event Effective Date NONE PrincipalArlrtess 707 GULF PARK DR. NAPLES, FL 34108 Changed: 0112311997 Registered Agent Name & Address COLEMAN, KEVIN G GOODLETTE, COLEMAN & JOHNSON, P,A 4OO1 TAMIAMI TRAIL NORTH, SUITE 3OO NAPLES, FL 34103 Name Changed: 041 181 1997 Address Changed: 041 181 1997 Offi cer/Director Detail Name & Address McCarty, Tom search.sunbiz.org/lnquary/Corporationsearch/SearchResultoetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=CLUBPELICANB...'113 Changed: 0112311997 Mailing Address 707 GULF PARK DR. NAPLES, FL 34108 Title Chairman 16.A.16.b Packet Pg. 734 Attachment: Bond Basis (11033 : Excavation Bond Release - Club Pelican Bay Golf Course Restoration) 4t5t2019 Detail by Entity Name 707 GULF PARK DRIVE NAPLES, FL 34108 Title DIRECTOR Hamilton, SUSAN 707 GULF PARK DRIVE NAPLES, FL 34108 Title DIRECTOR Albanese, Karla 707 GULF PARK DRIVE NAPLES, FL 34108 Title SECRETARY Thomas, George 707 GULF PARK DR. NAPLES, FL 34108 Title DIRECTOR Womble, l\ilichael 707 GULF PARK DR NAPLES, FL 34108 Title DIRECTOR Feuerbach, Kirk 707 GULF PARK DR. NAPLES, FL 34108 Title TREASURER Mccarthy, Peter 707 GULF PARK DR. NAPLES, FL 34108 Title DIRECTOR Lear, Tom 707 GULF PARK DR NAPLES, FL 34108 Title DIRECTOR Luconi, Fred 707 GULF PARK DRIVE NAPLES, FL 34108 Annual Repglg Report Year Filed Date search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?anquirytype=EntityName&directionType=lnitial&searchNameOrder=CLUBPELICANB...2/3 16.A.16.b Packet Pg. 735 Attachment: Bond Basis (11033 : Excavation Bond Release - Club Pelican Bay Golf Course Restoration)