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Agenda 09/08/2020 Item #16A12 (PL20170002423 - Vincentian Village)09/08/2020 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $6,560, which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20170002423) for work associated with Vincentian Village. _____________________________________________________________________________________ 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 Vincentian Village, (PL20170002423). Development Review Division staff conducted an inspection on July 16, 2020, and confirmed that the developer had fulfilled the commitments of the EWA, and the bond is no longer required. 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 $6,560. 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.12 Packet Pg. 401 09/08/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12 Doc ID: 12969 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $6,560, which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20170002423) for work associated with Vincentian Village. Meeting Date: 09/08/2020 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 07/17/2020 8:24 AM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 07/17/2020 8:24 AM Approved By: Review: Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/24/2020 12:45 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 4:45 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/29/2020 3:25 PM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 07/31/2020 6:14 PM Growth Management Department Matthew McLean Additional Reviewer Completed 08/04/2020 10:00 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 08/04/2020 10:13 AM County Attorney's Office Derek Perry Level 2 Attorney Review Completed 08/04/2020 10:22 AM Growth Management Department James C French Deputy Department Head Review Completed 08/05/2020 2:10 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/06/2020 8:27 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 12:17 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/31/2020 2:49 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/08/2020 9:00 AM 16.A.12 Packet Pg. 402 VINCENTIAN VILLAGE LOCATION MAP 16.A.12.a Packet Pg. 403 Attachment: Location Map (12969 : EWA Bond Release - Vincentian Village) EARLY WORK PERFORMANCE AGREEMENT THIS EARLY WORK PERFORMANCE AGREEMENT entered into this / 'r day of L)'tr "' ls.-,' , 20 t ) , between US 41 Naples. LLC 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 early work authorization in accordance with the Collier County Land Development Code including but not limited to Section 10.01 .02.8 (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. PL20170002423 (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. Developer agrees to comply with the Early Work Regulations and the Early Work Permit (the "Early Work"). Developer herewith tenders its early work performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $6.560.00. ln 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. 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. 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 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 1 2 4 q 6 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 hrs 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. 16.A.12.b Packet Pg. 404 Attachment: Bond Basis (12969 : EWA Bond Release - Vincentian Village) 7 executed by their duly authorized representatives this20 t1 SIGNED IN THE PRESENCE OF (N 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. lN WITNESS WHEREOF, the Board and r have(r caused this Agreement to be day of Dl(r..lsn r , Printed Name Sign lrry'6'lgzt- Ea Sign: tJe,lyw' iltlrrl< ll l*;n Knll,'.L Entity) Christopher Shucart , Manager US 41 Naples, LLC BOARD OF COUN COMMI ERS OF COLLIER By:Lt- AS the County pursuant to Resolution No. 20 I 5- I 62 4,- Printed Name ATTEST DWIGHT E. BROCK, CLERK By: Deputy Clerk to form and legality Scott A. Stone Assistant County Attorney 41 N 16.A.12.b Packet Pg. 405 Attachment: Bond Basis (12969 : EWA Bond Release - Vincentian Village) t-rh;h,1- /+ 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: 2077453325 2077-07680t t7/30/20L7 $6,560.00 Pavment Method Check $6,s60.00 $0.00 US 41 NAPLES LLC 2614 TAI4IAMI TRL N STE 615NAPLES , FL 34103 Amount Paid $6,s60.00 Reference Number PL201,70002423 Alina Ha rris 6892 ValerieKullick Oriqinal Fee $ 6, s6 0.00 Amount Paid $ 6,560.0 0 9.tSsseu.El 670-000000-220113 check Number 1116 16.A.12.b Packet Pg. 406 Attachment: Bond Basis (12969 : EWA Bond Release - Vincentian Village) 11130t2017 http://search'sunbiz.org/lnquiry/CorporationSearchiSearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=U541NApL. . . 2t3 Detail by Entity Name Detail by Entity Name Florida Limited Liability Company US 41 NAPLES, LLC Filinq lnformation Document Number L16000201754 FEI/EIN Number 814344317 Date Filed 1110212016 State FL Status ACTIVE Principal Address 261 4 TAMIAMI TRAIL NORTH SUITE 615 NAPLES, FL 34103 Mailing Address 2614 TAMIAMI TRAIL NORTH SUITE 615 NAPLES, FL 34103 Registered Agent Name & Address NOVATT, JEFF, ESQ. 1415 PANTHER LANE SUITE 327 NAPLES, FL 34109 Authorized Person(s) Detail Name & Address Title MGR SHUCART, JAMES 2614 TAMIAMITRAIL N., SUITE 615 NAPLES, FL 34103 Title MGR SHUCARI CHRISTOPHER 2614 TAMIAMITRAIL N., SUITE 615 NAPLES, FL 34103 Annual Reoorts Report Year 2017 Fibd Date 0411912017 Document lmaoes O4l19/2017 - ANNUAL REPORT 11/0212016 - Florida Limited Liabilitv View image in PDF format View image in PDF format 16.A.12.b Packet Pg. 407 Attachment: Bond Basis (12969 : EWA Bond Release - Vincentian Village)