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Agenda 02/11/2020 Item #16A 6 (Release of Performance Bond - Arthrex Administration Building)02/11/2020 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $31,560 which was posted as a guaranty for Excavation Permit Number 60.165, PL20170004163 for work associated with Arthrex Administration 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 their commitments with respect to this security. The Performance Bond was posted as security for an Excavation Permit associated with Arthrex Administration Building. The As-Built lake cross sections have been received and the lake has been inspected on January 2, 2020 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 $31,560. 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.6 Packet Pg. 195 02/11/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6 Doc ID: 11238 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $31,560 which was posted as a guaranty for Excavation Permit Number 60.165, PL20170004163 for work associated with Arthrex Administration Building. Meeting Date: 02/11/2020 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 01/02/2020 3:50 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 01/02/2020 3:50 PM Approved By: Review: Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 01/03/2020 8:45 AM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 01/06/2020 12:19 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 01/06/2020 12:46 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 01/08/2020 4:10 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/13/2020 8:22 AM Growth Management Department Matthew McLean Additional Reviewer Completed 01/13/2020 8:44 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 01/13/2020 9:03 AM Growth Management Department James C French Deputy Department Head Review Completed 01/14/2020 9:48 AM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 01/21/2020 10:06 AM Grants Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/21/2020 10:10 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/21/2020 11:03 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/21/2020 2:08 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 02/04/2020 11:42 AM Board of County Commissioners MaryJo Brock Meeting Pending 02/11/2020 9:00 AM 16.A.6 Packet Pg. 196 ARTHREX ADMINISTRATION BUILDING LOCATION MAP 16.A.6.a Packet Pg. 197 Attachment: Location Map (11238 : Excavation Bond Release - Arthrex Administration Building) / EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFoRMANCE AGREEMENT entered into this l(o'l'day ol A,\uA{-l ,20 fl between Arthrex, lnc. hereinafter referred to as "Developer," and the doard of County Commissioners of Collier County, Florrda, hereinafter referred 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 but not limited to Section 3.05.1 0 (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. (the "Excavation Permit"). PL2017 ,0004163 r uo *r) 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 $--31-5q8- 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 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 lvlanager 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 work; or b) notify the Developer in writing of his refusal to approve the Excavation Work, therewith specifying ihose 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,uponcertificationofsuchfailure'theCountyManagerordesignee mly call upon the excavation performance security to secure satisfactory completion,repairandmaintenanceoftheExcavationWork.TheBoardShall have the righi to construct and maintaln, or cause to be constructed or maintained, [ursuant to public advertisement and receipt and acceptance of bids, the Excavation Work. The Developer' as principal under the excavation 16.A.6.b Packet Pg. 198 Attachment: Bond Basis (11238 : Excavation Bond Release - Arthrex Administration Building) 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. 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 .zrv day of 4 o,nuan,t- ,20l3re SIGNED IN THE PRESENCE OF Sisn: -d;r* A%.A- T-;rrr -CbrA /,n+e l'/,n Printed Name ATTEST: DWIGHT E. BROCK, CLERK By. Deputy Clerk s to form and legality A. Stone Arthrex, lnc. Kathleen D. Sparrow Arthrex, lnc. Treasurer and Sr. Vice President, Human Resources BOARD OF COUNTY OF COLLIER RIDA Printed Name sis^fi/a- By:\Da.r 0q as designee Manager pursuant to Resolution No. 201 5- I 62 Assistant CountY AttorneY 16.A.6.b Packet Pg. 199 Attachment: Bond Basis (11238 : Excavation Bond Release - Arthrex Administration Building) Receipt Numberl Transaction Numbers Date Paidi Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Description Refundable Bonds Cashier Name: Batch Number: Entered By: td Reference Number P120170004163 20t8468243 2018-006991 ot/26/20L8 $31, s60.00 Pavment Method Check $31,s60.00 $0.00 ARTHREX INC 1370 CREEKSIDE BLVDNAPLES , FL 34103 Amount Paid $31,s60.00 Check Number 000000151599 fA RECEIPT OF PAYMENT Orioinal Fee $ 31, s60.00 Amount Paid $31,s60.00 GL Account 670-000000-220113 LeaDerence 7024 ValerieKullick Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 16.A.6.b Packet Pg. 200 Attachment: Bond Basis (11238 : Excavation Bond Release - Arthrex Administration Building)