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Agenda 12/08/2020 Item #16A45 (Release of Performance Bond - Countryside Golf & Country Club)12/08/2020 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $94,500 which was posted as a guaranty for Excavation Permit Number PL20180003067 for work associated with Countryside Golf & Country Club. 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 Countryside Golf & Country Club cross-sections have been received and the lakes have been inspected on October 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. - DDP RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the amount of $94,500. 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.45 Packet Pg. 2278 12/08/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.45 Doc ID: 13878 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $94,500 which was posted as a guaranty for Excavation Permit Number PL20180003067 for work associated with Countryside Golf & Country Club. Meeting Date: 12/08/2020 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 10/09/2020 11:55 AM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 10/09/2020 11:55 AM Approved By: Review: Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 10/09/2020 6:55 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 10/12/2020 1:56 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 10/21/2020 10:23 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 10/22/2020 8:48 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/22/2020 11:22 AM Growth Management Department Matthew McLean Additional Reviewer Completed 10/27/2020 11:18 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/27/2020 11:30 AM Growth Management Department James C French Deputy Department Head Review Completed 10/28/2020 5:41 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 10/30/2020 9:18 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/30/2020 9:32 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/30/2020 10:42 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/02/2020 8:28 AM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 11/30/2020 10:11 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM 16.A.45 Packet Pg. 2279 COUNTRYSIDE GOLF & COUNTRY CLUB LOCATION MAP 16.A.45.a Packet Pg. 2280 Attachment: Location Map (13878 : Excavation Bond Release - Countryside Golf & Country Club) EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEIMENT entered into this l Bth day of December, 2018 between Countryside Master Association, lnc. hereinafter referred to as "Developer," and the Board of County Commissioners of Coliier County, Florida, hereinafter referred to as the "Board". WHEREAS, Developer has applied for an excavation permit in accordance with Section 22-106, et al. o1 the Collier County Code of Laws and Ordinances, and the Collier County Land Development Code, including but not limited to Section 3.05.i0 (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 Reguldtions and Excavatiori Permit No. pl20is0003067 (the "Excavation 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 Excavation Regulations and the Excavation Permit (the "Excavation Work"). Developer herewith tenders its excavation performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $94,500. The Excavation Work shall not be considered complete until Developer notif ies the County that the Excavation Work is complete and the final Excavation Work is reviewed and approved by the County Manager or designee lor compliance with the Excavation Regulations. The County lvlanager 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 fullill in order to obtain the County lvlanager'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 o{ 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 ol bids, the Excavation Work. The Developer, as principal under the excavation 1 4 5 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. 2. J. 6. 16.A.45.b Packet Pg. 2281 Attachment: Bond Basis (13878 : Excavation Bond Release - Countryside Golf & Country Club) 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 carrQed thi,s Agreement to be executed by their duly authorized representatives this /8 day of l)ct,u 5*t ,20 I Y. NCE OF Countryside' Master Association, lnc Jsot l.S-c/l^g Printed Name €p N7- E Printed Name/Title L&(r I fronzr,t (President, VP, or CEO) Provide Proper Evidence of Authority) lv (I Printed Name ATTEST: Crystal K. Kinzel, CLERK By: Clerk of the Circuit Court & Comptroller Collier County, Florida BOARD OF COUNTY COMMISSIONERS OF COUNTY , FLORIDA as designee of the County Manager pursuant to Resolution No. 2015-162 App AS form and legality: Scott A. Stone Assistant County Attorney NED I 16.A.45.b Packet Pg. 2282 Attachment: Bond Basis (13878 : Excavation Bond Release - Countryside Golf & Country Club) e vh,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: 2018575657 20!8-1t4405 72126/2018 $94,500.00 Pavment Method Check Reference Number P120180003067 Amount Paid $94,500.00 Check Number 086323 $94,s00.00 $0.00 COUNTRYSIDE GOLF & COUNTRY CLUB 600 COUNTRYSIDE DRIVE Naples, FL 34104 orioinal Fee $ 94, s0 0.00 Amount Paid $ 94,5 00.0 0 GL Account 670-000000-220113 Alina Ha rris 7976 LuciaMartin 16.A.45.b Packet Pg. 2283 Attachment: Bond Basis (13878 : Excavation Bond Release - Countryside Golf & Country Club) 1t4t2019 Detail by Entity Name l'/, lititit1-,org .---, Duurti aJ C r-t i2 r-t 1,ir' J' lO t I ) DgBa&DeI!-OlSlalC / Division of Comorations / Search Records / Detail By_DgeunetlllutbeI / Detailby Entity Name Florida Not For Prolit Corporation COUNTRYSIDE MASTER ASSOCIATION, INC. Filing lnformation Document Number N18653 FEI/EIN Number 59-2826101 Date Filed 0110811987 State FL Status ACTIVE Last Event AMENDED AND RESTATED ARTICLES Event Date Filed 0511212017 Event Effective Date NONE Princip3l-Attgss 600 COUNTRYSIDE DRIVE NAPLES, FL 34104 Changed: 0210211998 Mailing Address 600 COUNTRYSIDE DRIVE NAPLES, FL 34104 Changed: 0411912001 BCgistered Agent Name & Address BRADFIELD, MICHAEL 600 COUNTRYSIDE DRIVE NAPLES, FL 34104 Name Changed; 01 lo2l201 I Address Changed: 051 1212017 Off icer/Directqr Detail Name & Address Title Treasurer KUNOW, RONALD 600 COUNTRYSIDE DR NAPLES. FL 34104 http://search sunbiz.org/lnquiry/CorporahonSearch/Search ResultDetarl?inquirytype=Ent tyName&directionType= lnitial&searchNameOrder=COUNTRy.. . 1/3 DtvtstoN oF CoRPoRATtoNS 16.A.45.b Packet Pg. 2284 Attachment: Bond Basis (13878 : Excavation Bond Release - Countryside Golf & Country Club) 1t4t2019 Title VP FRANZEN, LAWRENCE 600 COUNTRYSIDE DRIVE NAPLES, FL34104 Title S THOMAS, JOHN 600 COUNTRYSIDE DR NAPLES, FL34104 Title President SCANZILLO, TONY 600 COUNTRYSIDE DRIVE NAPLES, FL34104 Annual Replrtg Report Year 2016 2017 2018 Filed Date 03t22t2016 05t02t2017 01t02t2018 Document lmagg5 01/0212018 - ANNUAL REPORT 05/0212017 - ANNUAL REPORT 03/2212016 - ANNUAL REPORT O4l211201 5 .- ANNUAL REPORT O4l29l2014 .. ANNUAL REPORT 04/04/2013 - ANNUAL REPORT 04130/2012 - ANNUAL REPORT O4l25l2011 .. ANNUAL REPORT O4IO1/2O,IO - ANNUAL REPORT 03/2312009 .- ANNUAL REPORT 03/2512008 - ANNUAL REPORT O4l25l2007 - ANNUAL REPORT 1 0/2712006 - REINSTATEMENT 05/2212005 - ANNUAL REPORT O4l27l2004 .- ANNUAL REPORT O4l22l2003 - ANNUAL REPORT O4/1 8/2002 - ANNUAL REPORT O4l19/2001 - ANNUAL REPORT O5/09/2OOO - ANNUAL REPORT O2l24l1999 - ANNUAL REPORT O2l02l1998 _ ANNUAL REPORT 05/06/1997 - ANNUAL REPORT O2l28l1997.- AMENDED AND RESTATED ARTICL Detail by Entity Name View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Vrew image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format I View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format I http://search'sunbiz'org/lnquiry/corporatronSearch/searchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameorder=couNTRy 2t3 Illl .l I J 16.A.45.b Packet Pg. 2285 Attachment: Bond Basis (13878 : Excavation Bond Release - Countryside Golf & Country Club)