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Agenda 01/12/2021 Item #16A20 (PL20190001641)01/12/2021 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 PL20190001641 for work associated with Career Pathway Learning Lab. 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 Career Pathway Learning Lab. The As-Built lake cross-sections have been received and the lakes have been inspected on November 24, 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 $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.20 Packet Pg. 724 01/12/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.20 Doc ID: 14307 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 PL20190001641 for work associated with Career Pathway Learning Lab. Meeting Date: 01/12/2021 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 11/24/2020 2:36 PM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 11/24/2020 2:36 PM Approved By: Review: Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 11/24/2020 4:31 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 11/25/2020 9:32 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 11/25/2020 12:01 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/07/2020 10:15 AM Growth Management Department Matthew McLean Additional Reviewer Completed 12/14/2020 5:21 PM Public Services Department James C French Deputy Department Head Review Completed 12/14/2020 10:40 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 12/16/2020 8:40 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 12/16/2020 1:13 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/16/2020 1:38 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 12/17/2020 1:51 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/22/2020 1:56 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/22/2020 4:36 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/12/2021 9:00 AM 16.A.20 Packet Pg. 725 CAREER PATHWAY LEARNING LAB LOCATION MAP 16.A.20.a Packet Pg. 726 Attachment: Location Map (14307 : Excavation Bond Release - Career Pathway Learning Lab) EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this.76fd "y ot hfrL<H 2020,between CPL LAB LLC, hereinafter referred to as "Develope/'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 ot. 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 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 Reg ulations and Excavation Permit No. Pt20190001541. (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"). 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 compliance with the Excavation ReBulations. 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 ofbids, 1 2 3 4 5 6 Developer herewith tenders its excavation performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of 525,000. 16.A.20.b Packet Pg. 727 Attachment: Bond Basis (14307 : Excavation Bond Release - Career Pathway Learning Lab) the Excavation Work. The Developer, as principal under the excavation performance security, shall be liable to pay and to indemnin/ the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, leBal 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 ofthe 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 thisff/day ot ft1*l.tt1 ,zo2o SIGNED IN THE PRESENCE OF: SIGN CPL LAB LLC By: The lmmokalee Foundation, lnc 7 Printed Name: 7-,opa C.fwcP;P. SIGN: Dts\1^u pt{a Printed Name ATTEST: Crystal K. Kinzel, CLERK By: Clerk of the Circuit Court & Comptroller Collier County, Florida Ap as to form and legality: Noem e BOARD OF COUNTY COMMISSIONERS OF COLLI NTY, F By: 4 As designee of the Arnty Manager Pursuant to Resolution No. 2015-162 a ar cEo Assistant County Attorney DN/r$,|"'t 16.A.20.b Packet Pg. 728 Attachment: Bond Basis (14307 : Excavation Bond Release - Career Pathway Learning Lab) € tln;b,+ A Collier County Growth Management Division 2BA0 Harseshoe Dnve N. Naples, FL 341A4 2 39-2 52-2400 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: 20207226A0 2020-o27928 03126/2020 $2s,000.00 Pavment Method Check $2s,000.00 $0.00 Ca reer Pathway Learning Lab 7400 Tra il BLVD Naples, FL 34108 Check Number 607 Amount Paid $2s,000.00 Reference Number P120190001641 Orioinal Fee $25,000.00 Amount Paid $25,000.00 GL Account 670-000000-220113 ThomasThompson 9069 ValerieKullick 16.A.20.b Packet Pg. 729 Attachment: Bond Basis (14307 : Excavation Bond Release - Career Pathway Learning Lab) 3t25n020 Detail by Entity Name DrvrsroN oF CoRPoRAtroNs -i,r[,zorg [)!'/t'ib! i r.)i li]li2v'l'!r-111) .--'i-, Depadllelt-atsble / Oivision of Corporatio.s / Seardr Racords / Detail ay.DqsJllgdllntrAI / Detai! by Entity Name Florida Limited Liability Company CPL LAB, LLC Flling lnfomation DocumentNumber L19000225360 FElrElN Numbor NONE Dato Filod 0911312019 State FL Status ACTIVE PrinciEa!-A!&karr 2375 TAMIAMI TRAIL NORTH SUITE 308 NAPLES, FL 34'IO3 lrlalllng Addroaa 2375 TAMIAMI TRAIL NORTH SUITE 308 NAPLES, FL 34103 Begistered Agent Namo & Addross COHEN & GRIGSBY P.C. 9110 STRADA PLACE, MERCATE - SUITE 6200 NAPLES, FL 34'I08 Authoriz.d P.r8on(!) Detail Nams & Address I rtle AMBR THE IMMOKALEE FOUNDATION, INC. 2375 TAMIAMI TRAIL NORTH SUITE 308 NAPLES, FL 34103 Annual RepetE No Annual Reporta Filed Irocumer lm.gl! 09/132019 - Ftodda Limitod Liabilit)4 Mew imag6 in PDF formal search.sunbiz.org/lnquiry/CorporationSearch/SearchResulOetail?inquirytyp€=EntityName&direclionType=lnitiat&searchNameOder=CpLLAB L19OOO... l/2 16.A.20.b Packet Pg. 730 Attachment: Bond Basis (14307 : Excavation Bond Release - Career Pathway Learning Lab) 3t25t2020 Detail by Entity Name DrvrsroN oF CoRPoRArroN6 g,fr,f,org )!'/ti|()) l aJ ui,Jri2:'J'Jt!l:) e-''7>+- AspadEgd-Otslalg / Division of Cnrcoretions / Search Records / Qelai|Ily Daq,r!!e!l-N!Eber / Detailby Entity Name Florida Not For Prolit Corporation THE IMMOKALEE FOUNOATION, INC. Filing lnlormation Document Numbor N44979 FEUE| Number 65-0315664 Dat6 Fil6d 09/04/1991 State FL Statu3 ACTIVE Last Event AMENDMENT Evont Oate Filed Ogl21l2018 Evant Effoctive Date NONE Princind-l\ddlt!! 2375 Tamiami Trail North SUITE 308 NAPLES, FL 34103 Changed: 0111212018 tlailing Address 2375 Tamiami Trail North SUITE 308 NAPLES, FL 34103 Changed: O'111212018 Beglater.d Agont Namo & Addross PEREZ, NOEMI 2375 Tamiami Trail North, Suite 308 NAPLES, FL 34103 Name Changed: 07 12012018 Address Changed: 01 I 1212018 Omc.r/Dlrector Detell Name & Addr*s Title Secretary Oouglas, Allison search.sunbiz.org/lnquiry/Corporationsearch/SearchResultDetaal?inquirytype=EntityName&directionType=lnitiat&searchNameOrd€FIMMOKALEEFO... 1B 16.A.20.b Packet Pg. 731 Attachment: Bond Basis (14307 : Excavation Bond Release - Career Pathway Learning Lab) 3t25t2020 Detail by Entity Name 237 5 famiami Trail N #308 NAPLES, FL 34103 Title Treasurer Legus, David 2375 Tamiami Trail N #308 NAPLES, FL 34103 Title lmmediate Past President Hagen, Joyce 2375 Tamiami Trail N #308 Naples, FL 34103 Title President Pryor, Steve 2375 Tamiami Trail N #308 Naples, FL 34103 'l'itle CEO PEREZ, NOEMI 2375 TAMIAMI TRAIL N - STE. 308 NAPLES, FL 34103 Annual Repeilg Report Year 2018 2019 2020 Filed Date 01t12t2018 0411012019 01t27t2020 Document lmages 01/2712020 - ANNUAL REPORT View image in PDF format 04/10/2019 - ANNUAL REPORT View image in PDF format 09/21l2018 - Amendment View image in PDF format 0712012018 - Regjgent Change View image in PDF format 01/12y2018 - ANNUAL REPORT View image in PDF format 01/06/20'17 - ANNUAL REPORT View image in PDF format 0216/2016 - ANNUAL REPORT View image in PDF format 01/09/2015 - ANNUAL REPORT View image in PDF format 10/30/2014 - Amendment View image in PDF format 03/19/2014 - ANNUAL REPORT Mew image in PDF format 04/12y2013 - ANNUAL REPORT View image in PDF format 03/2012012 - ANNUAL REPORT View image in PDF format 07/2812011 -Amendment View image in PDF format O4l18Y2011 - ANNUAL REPORT Mew image in PDF format 04/1412010 - REINSTATEMENT View image in POF format 06/26/2009 - Amendment View image in PDF format search.sunbiz'org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=IMMOKALEEFO... 213 16.A.20.b Packet Pg. 732 Attachment: Bond Basis (14307 : Excavation Bond Release - Career Pathway Learning Lab)