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Agenda 02/09/2021 Item #16A 8 (Performance Bond release - Vanderbilt Reserve)02/09/2021 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $110,560 which was posted as a guaranty for Excavation Permit Number 60.148 for work associated with Vanderbilt Reserve, PL20160002709. 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 Vanderbilt Reserve. The As-Built lake cross sections have been received and the lakes have been inspected on December 30, 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 $110,560. 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.8 Packet Pg. 510 02/09/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.8 Doc ID: 14629 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $110,560 which was posted as a guaranty for Excavation Permit Number 60.148 for work associated with Vanderbilt Reserve, PL20160002709. Meeting Date: 02/09/2021 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 12/30/2020 3:39 PM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 12/30/2020 3:39 PM Approved By: Review: Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 12/31/2020 9:11 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/31/2020 11:29 AM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 01/04/2021 8:40 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/11/2021 10:55 AM Growth Management Department Matthew McLean Additional Reviewer Completed 01/12/2021 4:53 PM Public Services Department Jeanne Marcella Deputy Department Head Review Skipped 12/31/2020 9:12 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/13/2021 8:54 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 01/15/2021 9:25 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/15/2021 9:28 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/15/2021 9:54 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/26/2021 3:30 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/27/2021 9:20 AM Board of County Commissioners MaryJo Brock Meeting Pending 02/09/2021 9:00 AM 16.A.8 Packet Pg. 511 VANDERBILT RESERVE LOCATION MAP 16.A.8.a Packet Pg. 512 Attachment: Location Map (14629 : Excavation Bond Release - Vanderbilt Reserve) EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 14 day of Decem t.2017 between SOBEL VANDERBILT. 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 excavation permit in accordance with Section 22-106, et al 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 Regulations and Excavation Permit No. _PL20160002709_ (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: '1. 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 hereoO in the amount of $_1 10,560.00_. 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 compliance 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 2 4 4 o 16.A.8.b Packet Pg. 513 Attachment: Bond Basis (14629 : Excavation Bond Release - Vanderbilt Reserve) 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 tnis i4 day of Dtzrnlul ,20 17. 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. EOF LLC) SIGNE Sign ys Printed Name Printed Name ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legality Tirso San Jose/Agent Printed Name/Title (President, VP, or CEO) Provide Proper Evidence of Authority) BOARD OF OF COLLIER By: as designee of the County pursuant to Resolution No. 2015- 162 t ( tt-'z Sign ]*lH Scott A. Stone Assistant County Attorney /** 16.A.8.b Packet Pg. 514 Attachment: Bond Basis (14629 : Excavation Bond Release - Vanderbilt Reserve) t*ln, b,'*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: Conta€t: FEE DETAILS: Fee Description Refunda ble Bonds Cashier Name: Batch Number: Entered 8yr Pavment Method Check Reference Number P120160002709 Amount Paid $110,s60.00 Check Number o24o79772 $110,560.00 $0.00 SOBEL VANDERBILT LLC STE # 370 STE # 370 2385 NW EXECUTIVE CENTER DR BOCA RATON , FL 33431 orioinal Fee $ 1 10,5 60.0 0 Amount Paid $ 1 10,56 0.0 0 9-t 3sss.urt 670-000000-220113 Richard Koen igsknecht 6955 ValerieKullick 2077467097 2017 -084567 72/29/2017 $ 1 10,56 0.00 16.A.8.b Packet Pg. 515 Attachment: Bond Basis (14629 : Excavation Bond Release - Vanderbilt Reserve) Sobel Vanderbilt, LLC 2385 NW Executive Center Drive Suite 370 Boca Raton, Florida 33431 (s5r.) 994-3434 (s61) ee4-3430 Letter of Authorization Sobel Vanderbilt, LLC Whose address is: 2385 NW Executive Center Drive Suite 370 Boca Raton, Florida 33431 Hereby designates Tirso San Jose 2385 NW Executive Center Drive, Suite 370 Boca Raton, Florida 33431 To act on behalf of Sobel Vanderbilt, LLC for the purpose of submitting any application needed for permitting, zoning or construction contracts on property located at: A pa rcel of la nd located in the Southw est t/4 of Section 34, Township 48 South, range 26 East, Collier Cou nty, Florida, being more particularly described as follows: Commence at the South % corner of Section 34, Township 48 South, Range 26 East, Collier County, Florida; thence run North 02 13'26" West along the East line of the Southwest % of said Section 34, for a distance of 2,005.53 feet to the Southeast corner of the North % of the Northeast % of the Southwest % of said Section 34 and the Point of Beginning of the parcel of land herein described; thence run North 89 51'58" West along the South line of the norlh % of the Northeast % of the Southwest % of said Section 34,for a distance of 1,245.00 feet; thence run North 02 13'26" West, parallel with the East line of thesouthwest % of said Section 34, for a distance of 1,245.00 feet; thence run South 02 13'26" East along the East line of the Southwest 1,147 of said Section 34, f or a distance of 42o.21feet to the Point of Beginning. More commonly known as Sobel Vanderbilt, LLC signed this lqth aay or S?k'r.bi' , zoro Bristol Pines, LLC By: Its:nager Sobel NOTARY'S SIGNATURE to r or Agent's Signature Name & Title .Wtn Personally Known Produced I dentification #"* Nolary ft&lic Siard ol Flo.id. t(eila CIBtina Araulo Drum iry Co.rmiilbn GG 019245 Expkes 08rGr2U20 By: Jeffrey E. Sobel Type of ldentification Produced_ *it '(N,^fr;,n" + At^ 16.A.8.b Packet Pg. 516 Attachment: Bond Basis (14629 : Excavation Bond Release - Vanderbilt Reserve) 1212912017 Detail by Entity Name Drvrsro oFCoRPoRArroNS a/,jtulry,-".org rt tLutrtt oj Oi,!Ui't',.'J'lUt l') ----. Detail by Entity Name Florida Limited Liability Company SOBEL VANDERBILT LLC Filing lnformation Document Number 115000193766 FEI/EIN Number 81-1962441 Date Filed 1111612015 Effective Date 1111212015 State FL Status ACTIVE Principal Address 2385 NW EXECUTIVE CENTER DRIVE SUITE 370 BOCA RATON, FL 33431 Mailinq Address 2385 NW EXECUTIVE CENTER DRIVE SUITE 370 BOCA RATON, FL 33431 Reoistered Agent Name & Address SOBEL, JEFFREY E 2385 NW EXECUTIVE CENTER DRIVE, SUITE 370 BOCA RATON, FL 33431 Authorized Person(sl Detail Name & Address Title MGR SOBEL, JEFFREY E 2385 NW EXECUTIVE CENTER DRIVE, SUITE 370 BOCA RATON, FL 33431 Title MGR SOBEL, SAMUEL R 2385 NW EXECUTIVE CENTER DRIVE, SUITE 370 BOCA RATON, FL 33431 Annual Reoorts http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder:SOBELVAN... 1/2 Departmentof State / Division of Coroorations / Search Records / Detail Bv Documenl Number / 16.A.8.b Packet Pg. 517 Attachment: Bond Basis (14629 : Excavation Bond Release - Vanderbilt Reserve)