Agenda 04/28/2020 Item #16A16 (Performance Bond Release - Moorings Park @Grande Lake Phase 2)04/28/2020
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 PL20180003258 for work
associated with Moorings Park at Grande Lake - Phase Two.
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 Two. 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 $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. 330
04/28/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.16
Doc ID: 12175
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 PL20180003258
for work associated with Moorings Park at Grande Lake – Phase Two.
Meeting Date: 04/28/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
04/06/2020 4:09 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
04/06/2020 4:09 PM
Approved By:
Review:
Growth Management Development Review Chris Scott Additional Reviewer Completed 04/06/2020 4:26 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 04/07/2020 8:09 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 04/07/2020 10:33 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 04/09/2020 11:42 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 04/09/2020 12:04 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 04/09/2020 1:14 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 9:23 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 5:06 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 10:15 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.16
Packet Pg. 331
MOORINGS PARK AT GRANDE LAKE
PHASE TWO
LOCATION MAP
16.A.16.a
Packet Pg. 332 Attachment: Location Map (12175 : Excavation Bond Release - Moorings Park at Grande Lake - Phase Two)
EXCAVATION PERFORMANCE AGREEMENT
.- THIS EXCAVATION PERFORMANCE AGREEMENT entered into this /y' " day of
L c l.),.tt t ,20 B between LB Naoles Grande. LLC hereinafter referred to ai 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 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. 60.157-1 (the "ExcavationPermit"). (PLaa tt aao \2i5a)
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 $25,000.00
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 compiiance 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 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.
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
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16.A.16.b
Packet Pg. 333 Attachment: Bond Basis (12175 : Excavation Bond Release - Moorings Park at Grande Lake - Phase Two)
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.
SIGNED IN THE PRESENCE OF:LB NapSign
By:
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 Devel00g[r have caqpey' fhis Agreement !o-be
executed by their duly authorized representatives this lU' day of [''Cll b - ,20t{.
-T6<.rsr< M\it c i-z-( \
Printed Name
ATTEST:
CRYSTAL K. KINZEL, CLERK
uty Clerk
and legality:
Scott A. Stone
Assistant County Attorney
Vice ent
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Name nA^
Sign <g{"
AI
By:il*til4cta^
as designee of the County Manager
pursuant to Resolution No. 2015-162
Ap
rL6
16.A.16.b
Packet Pg. 334 Attachment: Bond Basis (12175 : Excavation Bond Release - Moorings Park at Grande Lake - Phase Two)
6tHfisr
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Numberi
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:
2 0 18 56818 7
2018-106935
t1/30/20L8
$2s,000.00
Reference Number
P120180003258
Lea Derence
7862
Va lerieKu llick
Amount Paid
$2s,000.00
$ 2 s,00 0.0 0
$0.00
LB NAPLES GRAN DE LLC
2210 VANDERBILT BEACH RD #1300NAPLES , FL 34109
Check Number
438
GL Account
670-000000-220113
O rio inal
Fee
$2s,000.00
Amount
Paid
$25,000,00
Pavment Method
Check
16.A.16.b
Packet Pg. 335 Attachment: Bond Basis (12175 : Excavation Bond Release - Moorings Park at Grande Lake - Phase Two)
AC:IIoN B}' \1''ITIT"TI. \ C:()NSEN]' OF
1-TIE, M,{N,A(;ER OF
LI} NAPI,ES (;R,..NDE' LI,C,
a I'krrkla limiled liabilitr compan)
I'he undersigned, being the sole ma'rag.rr (,1 l.,B NAPLES GRANDE, L[-Cl. a [rlorida
lin:itcd liabiliLl company (the '('ompany"). heretrr consents in',niting to the lirllouing actions:
RESOLVED. that Al Zichella. as Vice Jrrc.idcrrt ol'Devetopment, is hereb-r' aulhorized
and directed to acl as the agent lbl th,: tlompany ir thc processing of'all applications and permirs.
to furnish all supplemental inlornration required in support rrf anv applicarion or prrit. and to
ptrlbrrl any tr:quirement rvhich nray be recessarv t(' procurc anv perrnit or aulhoriz.ltit'n. all related
lo thL. propcrh, located a1 7548 Colden [ia1e Parkrr.al . Ir aples. Fl- kr be known as Moorings Park at
(irande l-ake (preliously knoun as Lts fJaples Cranle).
lN WI'I'NESS WHERtr{}F, t.he undersiitned has executed th,s Action Bl Written
('onserrl. ell'ective as olthe dale set lbrth below-
i\,IANA(JER:
LONDON BA.Y COIIIMI.iNITY
I I'tVESTMEI\iTS, L1.C,
.r Delarvare linrited liabilitl company
tlv lltr)^iii-*o\dffil@
I)ate: 3- At - ) ?-
16.A.16.b
Packet Pg. 336 Attachment: Bond Basis (12175 : Excavation Bond Release - Moorings Park at Grande Lake - Phase Two)