Agenda 10/10/2017 Item #16A 810/10/2017
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of $25,000
to Fortress Ventures, LLC which was posted as a guaranty for Excavation Permit Number 60.149,
PL20160002746 for work associated with Thrive Naples.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively
as guarantees 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 Cash Bond was posted as security for an Excavation
Permit associated with Thrive Naples, PL20160002147. The As-Built lake cross sections have been
received and the Development Review Division has inspected the lakes.
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. - SAS
RECOMMENDATION: To authorize the Clerk of Courts to release the Cash Bond in the amount of
$25,000 to Fortress Ventures, LLC. 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: John Houldsworth, Senior Site Plans Reviewer, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Performance Agreement and Cash Bond receipt (PDF)
10/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 3686
Item Summary: Recommendation to authorize the Clerk of Courts to release a Cash Bond in the
amount of $25,000 to Fortress Ventures, LLC which was posted as a guaranty for Excavation Permit
Number 60.149, PL20160002746 for work associated with Thrive Naples.
Meeting Date: 10/10/2017
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
08/24/2017 1:20 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
08/24/2017 1:20 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/30/2017 10:10 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/18/2017 4:34 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 09/18/2017 4:36 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 09/18/2017 5:32 PM
Growth Management Department John Houldsworth Department Head Review Skipped 08/24/2017 1:18 PM
Growth Management Department James French Deputy Department Head Review Completed 09/18/2017 9:30 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/27/2017 10:02 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/27/2017 11:00 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2017 8:32 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/28/2017 10:15 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2017 7:59 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM
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THIS EtRcg\\ef
EXCAVATION PERFORMANCE AGREEMENT
^ r.OL
XCAVATION PERFORMANCE AGREEMENT entered into this c/
, 2016 between Naples One, LLC hereinafter referred to as "Developer,"
Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "
day of
and 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. P120 160002746 (the
"Excavation Permit").
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 County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work rs 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 conditlons 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
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
1
2
3
4
6
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 herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $25.000.
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.
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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 caused this Aoreement to be
executed by their duly authorized representatives this 3h day of &Qmbtf - .2OJL
PR NCE OF
br LCt\
By: Fo
compa t\4 a mber
By
lvlark Marlow, Manager
BOARD OF COUN IONERS
OF COLLIER CO
des ofth ntv
pursuant to Resolution No. 201 5-162
Naples One, LLC, a Florida limited liability company
By: Naples I JV LLC, a Delaware limited liability
company, its Sole Member
Naples GP, LLC, a Georgia limited liability
company, its Authorize d t\4 mber
iffi
Na C,Florida limited liability
I
Printed Name
|W;"ufor,A
pl, w*€L s tr*LLU}.,lilL-
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By
Deputy Clerk
Scott A. Stone
Assistant County Attorney
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Approved as to form and legality:_1.- r
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Receipt Number:
Tra nsaction Number:
Date Pa id:
Amount Due:
Payment Deta ils:
Amount Pa id:
Change / overage:
Contact:
FEE DETAILS:
Fee DescriDtion
Refundable Bonds
Cashier Name:
Batch Number:
Entered By:
2016370613
2076-071257
12l07l2at6
$25,000.00
Pavment Method
Check
$25,000.00
$0.00
Fortress Ventures LLC
23190 Fashion Drive
Estero, FL 339 28
Reference N umber
P120160002746
MartlnRuedy
5892
AlmaSerna Br to
Amount Pa id
525,000.00
Check Number
3201
oriqinal
Fee
s25,000.00
Amount
Pa id
525,000.00
GL Account
670-000000- 2201 13
Collier County
Growth Management Division
tBA0 llcrt€:shoe l)t t'r'a N
l\taries, I L i,1 141
)39 252 2104)
RECEIPT OF PAYMENT