Agenda 04/28/2020 Item #16A15 (Performance Bond Release - Moorings Park @Grande Lake Phase 1)04/28/2020
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$38,360 which was posted as a guaranty for Excavation Permit Number PL20170002567 for work
associated with Moorings Park at Grande Lake - Phase One.
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 Moorings Park at Grande Lake - Phase One. The As-Built lake cross
sections have been received and the lakes has been inspected on April 6, 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 $38,360. 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. 320
04/28/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.15
Doc ID: 12174
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $38,360 which was posted as a guaranty for Excavation Permit Number PL20170002567
for work associated with Moorings Park at Grande Lake – Phase One.
Meeting Date: 04/28/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
04/06/2020 3:57 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
04/06/2020 3:57 PM
Approved By:
Review:
Growth Management Development Review Chris Scott Additional Reviewer Completed 04/06/2020 4:07 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 04/07/2020 8:05 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 04/07/2020 10:31 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 04/09/2020 11:43 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 04/09/2020 12:03 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 04/09/2020 1:11 PM
Growth Management Department James C French Deputy Department Head Review Completed 04/10/2020 7:52 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 04/20/2020 9:22 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 04/20/2020 4:56 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/20/2020 5:10 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/21/2020 8:30 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/21/2020 10:12 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/22/2020 12:21 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/28/2020 9:00 AM
16.A.15
Packet Pg. 321
MOORINGS PARK AT GRANDE LAKE
PHASE ONE
LOCATION MAP
16.A.15.a
Packet Pg. 322 Attachment: Location Map (12174 : Excavation Bond Release - Moorings Park at Grande Lake - Phase One)
EXCAVATION PERFORMANCE AGREEMENT
a
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this day of
20 ltr between LB Naoles Grande. LLC hereinafter referred to as "Developer,"
rd of County Commissioners of Collier County, Florida, hereinafter referred to as the
2:'
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 iomplete, either:
a) notify Developer in writing of his approval of the Excavation work; or b) notify
the Developer in writing of his refusar to approve the Excavation work, therewitir
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation Work.
ln the event Deveroper shall fail or negrect to fulfil its obligations under thisAgreement, upon certification. of such failure, the County Maiager or designeemay call upon the excavation performance security to secure satisfaitorycompletion, repair and maintenance of the Excavation wort. The Board shailhave the right to construct and maintain, or cause to be constructed ormaintained, pursuant to public advertisement and receipt and acceptance of bidi,
and the
"Board"
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.60.'157 (the "Excavation
Permit"). ( pL tatr,lt,a*" 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:
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 $38,360.00.
ln the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
I
4
5
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et al of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (collectively, the "Excavation
Regulations"); and
16.A.15.b
Packet Pg. 323 Attachment: Bond Basis (12174 : Excavation Bond Release - Moorings Park at Grande Lake - Phase One)
the Excavation work. The Developer, as principal under the excavation
performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final total cost to the Board thereof,
including, but not limited to, engineering, legal and contingent costs, together
with any damages, either direct or consequential, which the Board may sustain
on account of the failure of Developer to fulfill all of the provisions of this
Agreement.
All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
IN WITNESS WHEREOF,
7
executed by their duly authorized
SIGNED IN THE PRESENCE OF:
Sign:
the Board and Developeg
representatives this )6r'
this Aqreement to be
tt tr .20 lY
have caused
of {unday
ame ilno
Printed Name*Tfi e-e&. rn i+€ V r\
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
to form and legality:
Scott A. Stone
Assistant County Attorney
\
LB Naples Grande,
A.R.
Vice of Develo
BOARD OF COUNTY
OF COLLIER
as designee ofthe County
pursuant to Resolution No. 2015-162
ft/(,
By:
By:
Sign:
.$a"i,l,
++,#*$
A}.II.IA MURPHY
MY COMMISSION # GG 015895
EXPIRES: Juty 27,2020
&nded Thru Public Undenwribrs
16.A.15.b
Packet Pg. 324 Attachment: Bond Basis (12174 : Excavation Bond Release - Moorings Park at Grande Lake - Phase One)
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid;
Change / Overage:
Contact:
FEE DETAILS:
Fee Descriotion
Refu nda ble Bonds
4 xh,'a;*A
20t7455922
2017 -o79398
L2/08/2077
$38,360.00
Pavment Method
Check
Reference Number
PL20170002567
Richa rd Koen igsknecht
6915
ValerieKullick
Amount Paid
$38,360.00
Check Number
686735
GL Account
670-000000-220113
ll
Collier County
Growth Management Division
2800 Horseshae Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
$38,360.00
$0.00
LB NAPLES GRANDE LLC
2210 VANDERBILT BEACH RD #1300NAPLES , FL 34109
Orioinal
Fee
5 38,36 0.00
Amount
Paid
$ 3 8,360,0 0
Cashier Name:
Batch Number:
Entered By:
16.A.15.b
Packet Pg. 325 Attachment: Bond Basis (12174 : Excavation Bond Release - Moorings Park at Grande Lake - Phase One)
ACTION BY WRITTEN CONSENT OF
THE MANAGER OF
LB NAPLES GRANDE, LLC,
a Florida limited liabilify- company
The undersigned. being the sole manager ol LB NAPLES GRANDE, LLC. a Florida
limited liability compan)'(the "company"). hereb.v consents in writing to the following actions:
RESOLVED. that Al Zichella. Direclor of Development, is hereby authorized and
directed to act as the agent for the Company in the processing ofall applications and permits, to
furnish all supplemental information required in support of any application or permit. and to
perform any requirement which may be necessarl' to procur€ any permit or authorization. all related
to lhe property located at 7548 colden Gate Parkway. Naples. FL to be known as Moorings Park at
Grande Lake (previously known as LB Naples Crande).
IN WITNESS WHEREOF. the undersigned has executed this Acrion By Written
Consent. etlective as of the date set forth below.
MANAGER:
LONDON BAY COMMUNITY
INVESTMENTS, LLC,
a Delaware limited liability company
Bv:tulx
Mark D.
Datc:
16.A.15.b
Packet Pg. 326 Attachment: Bond Basis (12174 : Excavation Bond Release - Moorings Park at Grande Lake - Phase One)
CORPORATE wr.ea yoa rrc,ad Acc*ss to tbe woz:d
INC. 236 Eost 6th Av€nue. Tallshessee, norids 323og
P.O. Box 37066 (3231$7066) - (85q ?.n-ffi or (800) 9691666. Fax (8$) 2221666
WALK IN
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CERTIFIED COPY
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PHOTOCOPY
State of Authority
1.LB Naples Grande, LLC
(CORPORATE NAME AND DOCUMENT #)
2.
(CORPORATE NAME AND DOCUMENT #)
3.
(CORPORATE NAME AND DOCUMENT #)
4.
(CORPORATE NAME AND DOCUMENT *)
5.
(CORPORATE NAME AND DOCUMENT #)
6.
(CORPORATE NAME AND DOCUMENT #)
SPECIAL INSTBUCTIONS:
Io( FILING
16.A.15.b
Packet Pg. 327 Attachment: Bond Basis (12174 : Excavation Bond Release - Moorings Park at Grande Lake - Phase One)
COVER LEfiER
TO:Rcgistraaion Scclion
Division of Corporarions
SUBJECT:
LB Naples Grande, LLC
Nsrnc of Limircd Liability Compan)'
Dear Sir or Madam:
Thc cnclos€d Sratcmcnt of Aurhoriry and f€e(s) are subrnitlcd for liling.
PIca\e rctum all corrcspondcncc conceming lhis mattcr lo thc following:
Lisa Van Dien
Name ol Person
LB Naples Grande, LLC
Firm/Company
2210 Vanderbilt Beach Road Suite '1300
Address
Naples, Florida, 34109
E-rnail addrcss: (to be uscd for futurc annual rEpon notifica{ion)
For t'urther informalion conccming this rnatter, plc&,ic csll:
Lisa Van Dien 239 449-1599
al
Namc ofPerson
STREET/COURIE,R ADDRESSI
RGgistration Seaion
Division of Corporations
Cliflon Building
2661 Excculi!c Crntcr Circlc
Tallah&siscc. Florida 32301
Area Code Da!'tirnc Tclephonc Number
$IAIlJNG ADDRESS:
Registration Seclion
Division of Corporations
P.O. Box 6-127
Tallahassec. Florida l2-l l4
cRzE l 18 (l/r 4.)
Ciry/Srate and 7-ip Codc
lisavandien@londonbay.com
16.A.15.b
Packet Pg. 328 Attachment: Bond Basis (12174 : Excavation Bond Release - Moorings Park at Grande Lake - Phase One)
SECOND: The Florida Documcnr Numbcr of the limtrcd liability company is:116000086468
THIR.D: Thc strect addrcis ofthe limited liability conpany's priocipal office is:
2210 Vanderbilt Beach Road, Suite 1300
Naples, FL 34109
Naples, FL 34109
FOURTH: I'his statcment ofau(hoiity grants or scts limitations ofaurhorily on all p€rsons havirg the stalus ol
position of a perrcn in a company. whethcr as a member; transfcrcc, managcr. ofliccr or olhertyisc or to a specific
pcrson on the following:
MBy crcoutc an indrumcnt transfcrring rcalpropeny held in thc nam
. . .. Mark D. Wilson, Stephen G. Wilson,a. (Jmnled to:
Lisa Van Dien
b. No authority granted ro:
a. Gr.nlcd to:
Lisa Van Dien
b. No authority grsntcd ro:
c olthe comB4ny.1;
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2. May entcr into other transacrions on bchalf of. or other\r'ise ad for or bind. thc compary.
Mark O. Wilson, Stephen G. Wilson,
Signature of authorized repre\€ntativt
Lisa Van Dien, Esq.
TWed or prit{ed nanrc ofsignature
Filirg Fcc: S2S.0O
Certlficd Copy: 330.00 (optionrt)
cR:8r38 (l/14)
STATEMENT OF AUTHORIT}
Pursuant to s€clion 605.0102(l ), Florida Staxrres, this limited liability company submits thc follo'ring statemenl of
aurhority:
FlRsT;Thenamcoflhelimitedliabilitycompany,,.
'l'he mailing addrcss oflhe limitcd liabiliry company's principal office is:
22'10 Vanderbilt Beach Road, Suite 1300
l.
16.A.15.b
Packet Pg. 329 Attachment: Bond Basis (12174 : Excavation Bond Release - Moorings Park at Grande Lake - Phase One)