Agenda 01/28/2020 Item #16A 8 (Clerk release of Bond - City Gate Commerce Park Phase 3)01/28/2020
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release the bond in the amount of $61,568
which was posted as a guaranty for Excavation Permit Number PL20180000161 for work
associated with City Gate Commerce Park Phase 3.
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 bond was posted by the Developer as security for an Excavation Permit associated
with City Gate Commerce Park Phase Three Plat. Subsequently, Collier County purchased Lots 26 -28
within the City Gate Commerce Park Phase Three Plat via Warranty Deed OR Book 5505, Page 3919
(Lot 26), Warranty Deed OR Book 5505, Page 3922 (Lot 27), and Warranty Deed OR Book 5505, Page
3925 (Lot 28). On September 25, 2018, the Board of County Commissioners (BCC), approved a contract
with Manhattan Construction (Agenda Item 11B), to perform the remaining work associated with the
approved Excavation Permit. Therefore, 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. - SAA
RECOMMENDATION: To authorize the Clerk of Courts to release the bond in the amount of
$61,568.00. 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: David Anthony, Site Plans Reviewer, Development Review Division, Growth Management
Department
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Warranty Deed - Lot 26 (PDF)
4. Warranty Deed - Lot 27 (PDF)
5. Warranty Deed - Lot 28 (PDF)
16.A.8
Packet Pg. 1346
01/28/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 11181
Item Summary: Recommendation to authorize the Clerk of Courts to release the bond in the
amount of $61,568 which was posted as a guaranty for Excavation Permit Number PL20180000161 for
work associated with City Gate Commerce Park Phase 3.
Meeting Date: 01/28/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/20/2019 3:27 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
12/20/2019 3:27 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 12/23/2019 8:07 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 12/23/2019 8:21 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/23/2019 10:43 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 12/30/2019 2:55 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/02/2020 8:48 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 01/02/2020 9:31 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 01/07/2020 9:14 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/07/2020 3:54 PM
Growth Management Department James C French Deputy Department Head Review Completed 01/08/2020 2:45 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/09/2020 8:03 AM
Grants Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/09/2020 8:24 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/13/2020 9:31 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/21/2020 1:51 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/28/2020 9:00 AM
16.A.8
Packet Pg. 1347
CITY GATE COMMERCE PARK PHASE THREE
LOCATION MAP
16.A.8.a
Packet Pg. 1348 Attachment: Location Map (11181 : Excavation Bond Release - City Gate Commerce Park, Phase Three)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this � day of
April, 2018 between CG Il, LLC, a Florida limited liability company, hereinafter referred to as
"Developer," joined in by 850 NWN, LLC, a Florida limited liability company, 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 Agreemm, applicant will
comply with the Excavation Regulations and Excavation Permit No. �()�\(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").
2.Developer herewith tenders its excavation performance security (attached hereto as
Exhibit "A" and by reference made a part hereof) in the amount of $61,568.00 ("Cash
Bond").
3.In 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.
4.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.
5.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.
6.In 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
16.A.8.b
Packet Pg. 1349 Attachment: Bond Basis (11181 : Excavation Bond Release - City Gate Commerce Park, Phase Three)
call upon the excavation performance security to secu re 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 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.
IN WITNESS WHEREOF, the Board and Develo�r have caused this Agreement to be
executed by their duly authorized representatives this� day of April, 2018.
Wi �ss Signature:r_ �-r� .. .'.. L � , , �• .. ,.,., N tAI
Witness Printed Name
wg:;::� Wi,tpess Signature
""t-""1l-0
'-Ut.. '""· � \,a,.N C..-o
Witness Printed Name
CGII, LLC,
a Florida limited liability company
�
16.A.8.b
Packet Pg. 1350 Attachment: Bond Basis (11181 : Excavation Bond Release - City Gate Commerce Park, Phase Three)
ATTEST: DWIGHT E. BROCK, Clerk
By: ______ _ , Deputy Clerk
Approveif;ffi and legality:
cott A.tone, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:(?'1/� lfft✓/1�-"3:1--___ _ As designce of the County Manager pursuant to Resolution No. 2015-162
16.A.8.b
Packet Pg. 1351 Attachment: Bond Basis (11181 : Excavation Bond Release - City Gate Commerce Park, Phase Three)
EXIrrB11r,a"
Receipt for Cash Bond
16.A.8.b
Packet Pg. 1352 Attachment: Bond Basis (11181 : Excavation Bond Release - City Gate Commerce Park, Phase Three)
Gxh,b;* A
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Pald:
Amount Due:
Payment Details:
Amount Paid:
Ghange / Overage:
Contact:
FEE DETAILS:
Fee Descriotlon
Refundable Bonds
Cashier Name:
Batch Number:
Entered By:
2018493466
20t8-o322L4
04/t6/207e
$61,568.00
Pavment Method
Check
$61,568,00
$0.00
CG Ii LLC
121 S MAIN ST SUITE 5OOAKRON , OH 44308
Refarence I{umber
P120180000161
Amount Paid
$61,568.00
Check Number
002426
Orloinal
Ess
$61,568.00
Amount
Pald
$61,568.00
GL Account
670-000000-2201 13
Shayralorge
7263
ValerieKullick
16.A.8.b
Packet Pg. 1353 Attachment: Bond Basis (11181 : Excavation Bond Release - City Gate Commerce Park, Phase Three)
AFFIDAVITOF AUTHORIZATION PL2O17OOO2331
l, Joseoh R' weber (print name), as Vice President. (title, if applicable) of cG il. LLC. (company, if applicable), swear oraffirm underoath, that I am the (choose one):
Theowner X applicant_contractpurchaser_andthat:
1' I have full authority to secure the approval{s) requested and to impose covenants and restrictions on the referencedproperty as a result of any action approved by the county in accordance with this application and the LandDevelopment Code;
2' All answers to the questions in this application and any sketchet data or other supplementary matter attached heretoand made a part of this application are honest and true;3' I have authorized the staff of collier county to enter upon the property during normal working hours for the purposeof investigating and evaluating the request made through this ipplication; and that4' The property will be transferred, conveyed, sold or subolvided iublect to the conditions and restrictions imposed bythe approved action.
5' we/l authorize Davidson Engineerins. lnc. to act as our/my representative in any matters regarding this petitionincluding l through 2 above.6' Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal;that all the answers to the questions in this application, including the disclosure of interest information, all sketches,data, and other supplementary matter attached to and made a part of this application, are honest and true to thebest of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that theinformation Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for thlsapplication, and is honest and true to the best of Applicant,s knowledge and belief.7' Applicant understands that the information requested on this application must be complete and accurate and thatthe content of this form, whether computer generated or county printed, shall not be altered. Appticant furtherunderstands that if Public Hearings are required, they will not be advertised untilthis application is deemed complete,and all required information has been submitted.
+/Votes:
' lf the oppllcant is o corporoilon, then it is usuolly executed by the corp. pres. or v. pres.
' lf the opplicont is o Limtted Ltabiliry compony (L.L'c.) or Limiiea comioiy (1.c.), then the documents shoutd typtcolly be signed by theCom po ny's " M o nogi ng Me m be r.,
' lf the opplicant is a portnershlp, then typicotty o portner con sign on beholf ol the poftneyhip.
' lf the opplicont is a limited portnerchip, then the generol partner must siin ind be identified as the ,general poftner ol the nomedpartnership.
' lf the opplkont is o trust, then they must tnclude the trustee's nome ond the worcts -os tustee*,' ln each iastonce, first determlne the opplicon(s stotus, e.g., individuol, corporilte. trust, portnership, ond then use the oppropriateformot for that ownership.
Under penaltles of perlury I dcclare that I have read the for:golng Aflldavlt of Authortzetfon and thet the tacts steted ln lt arc truc,
5e h eVtz* Pt"i Printed Name
STATE OF
COUIIIWOF
The instrument r,va5 sworn to (or affirmed) and subscribed before me on tl n f t-t (datelby_
ly known to me or
of person providing oath or affirmation), as Who_js
(type of identification) as identification
o
R
srAMP/SEAr .l
i
${
o
Slgnature of Notary publlc
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(ll
16.A.8.b
Packet Pg. 1354 Attachment: Bond Basis (11181 : Excavation Bond Release - City Gate Commerce Park, Phase Three)
DC
D.AVIDSONENGINEERING
Civil Engineering r Planning . Permitting
CgLEERATING YEARS www.davidsonengineering.com
November 73,20L9
Mr. Matt Mclean
Division Director
Collier County Growth Management
2800 N. Horseshoe Drive
Naples, FL34104
City Gate Commerce Park Phose Three PPL PL2077A002337
Excavotion Permit No. PL20780000767
Release of Bond/Escrow Money
Matt,
Please accept this letter as an official request to release the cash bond, in the amount of 561,568, posted
by CG ll, LLC and 850 NWN, LLC.
CG ll, LLC and 850 NWN, LLC entered into a construction, maintenance and escrow agreement with The
Board of County Commissioners of Collier County during the City Gate Phase Three Plat review
(P120170002331) and the County's purchase of Lots 26-28. Per the County Manager's Office and the
BCC, Manhattan Construction, the authorized CMAR, will be performing the work associated with the
approved PPL P120170002331 / Excavation Permit No. P120180000161 for Collier County. Therefore,
the bond is not required (all work is now secured by Collier County).
Should you have any questions or require additional information, please contact myself @ 239-434-
6060 or vial email: iosh@davidsoneneineerine.com.
Sincerely,
Re:
,*,*H Eg.
Josh Fruth
Vice President
4365 Radio Road . Suite 201 . Naples, FL 34104 - P: (239) 434.5060 . F: (239) 434-6084
1990 Main Street . Suite 750 ' Sarasota, FL34236 ' P: (941) 309-5180
16.A.8.b
Packet Pg. 1355 Attachment: Bond Basis (11181 : Excavation Bond Release - City Gate Commerce Park, Phase Three)
16.A.8.c
Packet Pg. 1356 Attachment: Warranty Deed - Lot 26 (11181 : Excavation Bond Release - City Gate Commerce Park, Phase Three)
16.A.8.c
Packet Pg. 1357 Attachment: Warranty Deed - Lot 26 (11181 : Excavation Bond Release - City Gate Commerce Park, Phase Three)
16.A.8.c
Packet Pg. 1358 Attachment: Warranty Deed - Lot 26 (11181 : Excavation Bond Release - City Gate Commerce Park, Phase Three)
16.A.8.d
Packet Pg. 1359 Attachment: Warranty Deed - Lot 27 (11181 : Excavation Bond Release - City Gate Commerce Park, Phase Three)
16.A.8.d
Packet Pg. 1360 Attachment: Warranty Deed - Lot 27 (11181 : Excavation Bond Release - City Gate Commerce Park, Phase Three)
16.A.8.d
Packet Pg. 1361 Attachment: Warranty Deed - Lot 27 (11181 : Excavation Bond Release - City Gate Commerce Park, Phase Three)
16.A.8.e
Packet Pg. 1362 Attachment: Warranty Deed - Lot 28 (11181 : Excavation Bond Release - City Gate Commerce Park, Phase Three)
16.A.8.e
Packet Pg. 1363 Attachment: Warranty Deed - Lot 28 (11181 : Excavation Bond Release - City Gate Commerce Park, Phase Three)
16.A.8.e
Packet Pg. 1364 Attachment: Warranty Deed - Lot 28 (11181 : Excavation Bond Release - City Gate Commerce Park, Phase Three)