Agenda 09/08/2020 Item #16A11 (PL20190001671 - Naples Heritage Tennis Center)09/08/2020
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$5,100, which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20190001671) for work associated with Naples Heritage Tennis Center.
_____________________________________________________________________________________
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Division routinely accepts securities administratively
as guaranties for early work improvements pursuant to Section 10.01.02 B of the LDC. The work
associated with this security has been inspected, and the developer has fulfilled his commitments with
respect to this security. The performance security was posted as security for clearing and site filling
associated with an Early Work Authorization for Naples Heritage Tennis Center, (PL20190001671). On
September 30, 2019, the Site Development Plan (SDP) was approved by Development Review staff, and
this bond is no longer required. Development Review staff conducted an inspection on July 16, 2020, and
confirmed that the developer had fulfilled the commitments of the EWA.
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. - DDP
RECOMMENDATION: To authorize the Clerk of Courts to release the Cash Bond in the amount of
$5,100. Development Review 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.11
Packet Pg. 394
09/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11
Doc ID: 12966
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $5,100, which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20190001671) for work associated with Naples Heritage Tennis Center.
Meeting Date: 09/08/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
07/16/2020 11:03 AM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
07/16/2020 11:03 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 07/16/2020 11:38 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/24/2020 1:45 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 07/27/2020 1:57 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 07/27/2020 4:41 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/29/2020 3:24 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 08/04/2020 9:48 AM
County Attorney's Office Derek Perry Level 2 Attorney Review Completed 08/04/2020 10:10 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/04/2020 11:26 AM
Growth Management Department James C French Deputy Department Head Review Completed 08/05/2020 2:08 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/06/2020 8:21 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/07/2020 4:23 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/11/2020 12:14 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/31/2020 2:46 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/08/2020 9:00 AM
16.A.11
Packet Pg. 395
NAPLES HERITAGE TENNIS CENTER
LOCATION MAP
PROJECT
LOCATION
16.A.11.a
Packet Pg. 396 Attachment: Location Map (12966 : EWA Bond Release - Naples Heritage Tennis Center)
·-
EARLY WORK PERFORMANCE AGREEMENT
�Yl�J'
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this -----=(.)'()' __ day of /itlF , 20 /'1 , between Naples Heritage Golf & Country Club, Inc hereinafter
referred ��Developer," and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the "Board".
WHEREAS, Developer has applied for an early work authorization in accordance with
the Collier County Land Development Code including but not limited to Section 10.01 .02.B
(collectively, the "Early Work Regulations"); and
WHEREAS, the Early Work Regulations require Developer to post appropriate
performance guarantees to ensure compliance with the Early Work Regulations and Early Work
Authorization Permit No. PL20190001671 (the "Early Work 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:
1.Developer agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work").
2.Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by refe rence made a part hereof) in the amount of $5,100.
3.In the event of default by Developer or failure of Developer to complete the Early
Work within the time required by the Early Work Regulations and Early Work
Permit, Collier County, may call upon the early work performance security to
insure satisfactory completion of the Early Work.
4.The Early Work shall not be considered complete until Developer notifies the
County that the Early Work is complete and the final Early Work is reviewed and
approved by the County Manager or designee for compliance with the Early
Work Regulations.
5.The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Early Work is complete, either: a)
notify Developer in writing of his approval of the Early Work; or b) notify
Developer in writing of his refusal to approve the Early Work, therewith specifying
those conditions which Developer must fulfill in order to obtain the County
Manager's approval of the Early Work.
6.In 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 early performance security to secure satisfactory completion,
repair and maintenance of the Early 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 Early Work. The
Developer, as principal under the early 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
16.A.11.b
Packet Pg. 397 Attachment: Bond Basis (12966 : EWA Bond Release - Naples Heritage Tennis Center)
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 lJ day of AU t'i
20 la
SIGN S EOF (Name of Entity) nla H.r, +.r1 6 r!$ + Ca*^t (lY$' rn<-'
Sign
&s j,)o{
Printed Name
Sign
Printed Name
ATTEST:
CRYSTAL K. KINZEL, CLERK
By.
Deputy Clerk
Ap as to form and legality:
Sall v A. Ashkar
Printed NameiTitle Kea 6olnot'- p"si)'f
(President, VP, or CEO)
Provide Proper Evidence of Authority)
a^{By:
r.
BOARD OF COL'NTY COMMISSIONERS
OF COUN'IY , FLORIDA
By:
as designee of the County Manager
pursuant to Resolution No. 2015- 162
Assistant County Attorney
16.A.11.b
Packet Pg. 398 Attachment: Bond Basis (12966 : EWA Bond Release - Naples Heritage Tennis Center)
2019 FLORIOA NOT FOR PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# N95000005543
Entity Name: NAPLES HERITAGE GOLF & COUNTRY CLUB, ,NC.
Current Principal Place of Business:
8150 HERITAGE CLUB WAY
NAPLES, FL 34112
Current Mailing Address:
8150 HERITAGE CLUB WAY
NAPLES, FL 34112
FEI Number: 65-0626636
Name and Address of Current Registered Agent:
FILED
Mar 30, 2019
Secretary of State
6687597387CC
Certificate of Status Desired: No
DORBAD. PATRICK J
8150 HERITAGE CLUB WAY
NAPLES, FL 34112 US
The above named entitl subfiits this statenent for lhe pu9ose ol changing its rcgislercd offae ot registered agent, or both, in he State of Flonda.
SIGI.,IATURE:
Eleclronic Signature of Registered Agent
Officer/Director Detail :
Title PRESIDENT
Name GAYNOR, KEN
Address 8762 NAPLES HERITAGE DRIVE
City-State-Zipi NAPLES FL 34112
Title TREASURER
Name DUGGAN, CATHY
Address 8370 HERITAGE LINKS COURT
uNrT 20'13
City-State-Zip: NAPLES FL 341'12
Tltle
Name
Address
IlIICHAEL, O'NEIL
M6O NAPLES HERITAGE DR
1211
NAPLES FL 341,12
Date
City-State-Zip
Title
Name
Address
City-State-Zip
SECRETARY
CLAEYS, JOHN
7927 KILKENNY WAY
NAPLES FL 34112
above at on an atlachnenl wlh alt olhet like enqwered.
SIGNATURE: KEN GAYNOR PRESIDENT 03/30/2019
Electronic Signature of Signing Ofiicer/Director Detail Dale
16.A.11.b
Packet Pg. 399 Attachment: Bond Basis (12966 : EWA Bond Release - Naples Heritage Tennis Center)
tYl,',6;*'A
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:
2019656517
2079-079797
0e/30/20t9
$ s,10 0.00
Pavment Method
Check
Reference Number
P120190001671
ThomasThompson
8550
ValerieKullick
Amount Paid
$s,100.00
Check Number
6654001444
$s,100.00
$0.00
NAPLES HERITAGE GOLF & COUNTRY CLUB INC
8150 HERITAGE CLUB WAY
NAPLES, FL 347t277O3
Oriqinal
Fee
$ 5,100.00
Amount
Paid
$5,100.00
GL Account
670-000000-220113
16.A.11.b
Packet Pg. 400 Attachment: Bond Basis (12966 : EWA Bond Release - Naples Heritage Tennis Center)