Agenda 03/23/2021 Item #16A 8 (Performance Bond Release - Tollgate Plaza Parking Lot)03/23/2021
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$17,800 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20200001441) for work associated with Tollgate Plaza Parking Lot.
_____________________________________________________________________________________
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Division routinely accepts securities administratively
as guaranties for early work improvements pursuant to Section 10.01.02 B of the LDC. The work
associated with this security has been inspected and the developer has fulfilled his commitments with
respect to this security. The performance security was posted as security for clearing and site filling
associated with an Early Work Authorization for Tollgate Plaza Parking Lot SDP, (PL2020000246). On
October 21, 2020, the SDP was approved by staff and the bond is no longer required. A recent inspection
confirmed that the developer has fulfilled the commitments of the EWA.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
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 Cash Bond in the amount of
$17,800. Development Review 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. 629
03/23/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 15013
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $17,800 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20200001441) for work associated with Tollgate Plaza Parking Lot.
Meeting Date: 03/23/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
02/10/2021 11:20 AM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
02/10/2021 11:20 AM
Approved By:
Review:
Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 02/10/2021 11:35 AM
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 02/10/2021 12:03 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/11/2021 12:22 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/19/2021 11:39 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 02/19/2021 1:38 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/21/2021 12:37 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 02/22/2021 8:36 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 02/22/2021 8:56 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/24/2021 10:15 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/08/2021 10:31 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/10/2021 5:02 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/23/2021 9:00 AM
16.A.8
Packet Pg. 630
TOLLGATE PLAZA PARKING LOT
LOCATION MAP
16.A.8.a
Packet Pg. 631 Attachment: Location Map (15013 : EWA Bond Release - Tollgate Plaza Parking Lot)
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this
+l
day of
Auqust, 2020 , between Creekside Tollqate, LLC hereinafler 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 early work authorization in accordance with
the Collier County Land Development Code including but not limited to Section '10.01.02.8
(collectively, the "Early Work Regulations"); and
WHEREAS, the Early Work Regulations require Developer to post appropriate
performance guarantees to ensure compliance with the Early Work Regulations and Early Work
Authorization Permit No. 20200001441 lhe "Early Work 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 Early Work Regulations and the Early Work
Permit (the "Early Work").
Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $12!!9&
ln the event of default by Developer or failure of Developer to complete the Early
Work within the time required by the Early Work Regulations and Early Work
Permit, Collier County, may call upon the early work performance security to
insure satisfactory completion of the Early Work.
The Early Work shall not be considered complete until Developer notifies the
County that the Early Work is complete and the final Early Work is reviewed and
approved by the County Manager or designee for compliance with the Early
Work Regulations.
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Early Work is complete, either: a)
notify Developer in writing of his approval of the Early Work; or b) notify
Developer in writing of his refusal to approve the Eady Work, therewith specifying
those conditions which Developer must fulfill in order to obtain the County
Manager's approval of the Early Work.
\
1
2
3
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 early performance security to secure satisfactory completion,
repair and maintenance of the Early Work. The Board shall have the right to
construct and maintain, or caLlse to be constructed or maintained, pursuant topublic advertisement and receipt and acceptance of bids, the Early Work. The
Developer, as principar under the early performance security, shati be liable topay and to indemnify the Board, upon completion of such construction. the final
total cost to the Board thereof, incruding, but not rimited to, engineering, legal and
4.
t
o.
16.A.8.b
Packet Pg. 632 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot)
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 of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
lN WTNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this ll day ofAuqust. 2020.
'sryt;e@;;",,*
(,..-'-D ),,, Js.,,,^
SIGNED IN THE PRESENCE OF:
Creekside Tollgate, LLC
By Barron Collier Management, LLC
It's Manager
By:
Brian Goguen, Chief O ng Officer
Provide Proper Evidence of Authority)
BOARD OF COT,NTY COMMISSIONERS
OF CO CO LORIDA
By
a
as designee ofthe County Manager
pursuant to Resolution No. 2015- 162
Printed Name M^/.[,^" R,.L.
ATTEST:
Crystal K. Kinzel, CLERK
By:
Clerk ofthe Circuit Court & Comptroller
Collier County, Florida
and legality:
kD.rry
Assistant County Attorney
7.
Printed Name
Sign:
v,/r(,4/,-
.1
16.A.8.b
Packet Pg. 633 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot)
€x t+ t tt 17' ,fr
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2440
RECEIPT OF PAYMENT
Payment Details:
FEE DETAILS:
Fee Descriotion
Refundable Bonds
Cashier Name:
Batch Number:
Entered By:
2020767440
2020-066728
08/ 19/2020
$17,800.00
Pavment Method
Check
Reference Number
PL20200001447
Amount Paid
$ 17,800.00
Check Number
001005
$17,800.00
$0.00
CREEKSIDE TOLLGATE LLC
2600 GOLDEN GATE PKWAY
NAPIES, FL 34105
O rioinal
Fee
$ 17,8 0 0.0 0
Amount
Pa id
$ 17,8 0 0.00
GL Account
670-000000-220113
Alina Ha rris
9422
monroig_i
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Amount Pa id:
Change ,/ Overage:
Contact:
16.A.8.b
Packet Pg. 634 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot)
v
A]VI IJN DED N N D RF]S'I'A'TI]D SI'ATENIENT ()F AU'TI,IOR ITY O F
IIARRON COLLIER MANAclitvlENT. LLC
Pursuan( to Scction 605.0102(2), Florida Statutes. this Iimitcd liability cornpan),(the
"Compan;-") subrnits the tbllorving anre nded and restated state nlent of authorit;-:
'l'his anrended and restated stalernent ol authoritl' amends and rcstates, in its entirety, that ccrtain
statement ofauthority filed by the Conrpanv on Dccember I8. 201.1 rvith the Florida Secretary ol
Statc (H 1400029?086 3).
t'l RS'l': l'he nanre of the Companf is Barron Collier Managemcnt. LLC.
SECONI): 'l'hc Compan.,- was registered rvith thc Florida Depanmcnt o1'State of
Decenrber 3. l0l4 and assigned docunrcnt numbcr L14000185495,
'I'l{lRD: 'l'hc street and ntailing address ol'the Conrpany's princrpal ol'fice is:
2600 Golden Cate l)arkrvav
Naples. I;l- 34105
!'OURTI'|: This anr.'nded and restatcd stntenrent ol authority shall bc deenred
ell'ective as ol datc it is filcd with the florida Secretarv ol'State.
l'11-Tll: This anrended and restatcd statement ofauthority
follo*'ing officers. acting together. authority ro execute an1'dced. promi
mongagc, securitl, agrecment. loan agreement, guaranty agreenrent and
amcndment or supplenrcnt thcrcto. on behalfofthe Cornpanf including.
capacitl' as a General Partncr of Barron Collier Panncrship. LLLP or in
N'tanager or Authorized r\gent lbr one or morc other entities:
grants anv two (2) of thc
ssory note. bond.
an1'modification.
but not linrited<0. in irsI>::- @rls caDacltv asnte-.r::
=i'
Nanrc:
Position:
Address:
Namc:
Position:
Address:
Namc:
Position:
Address:
Barron C. Collicr, lll
Dircctor
2600 Golden Gate Parkway
Naples, FL 3.1105
Illake (iable
Prcsidcnt
2600 Golden Cate Parkrvay
Naples. Fl- 34105
David Censon
Senior Vicc Presidenr
2600 Golden Cate l)arkrva1,
Naples. FL 34105
"i'1
O
-;,i!-
Ocl -n
FJ=
FJ '-lrl
=oq
F
-J
16.A.8.b
Packet Pg. 635 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot)
SIX'l'H: 'l'lris statcment ol authority grants anv one (l) ol'rhe lbllorving officers.
acting alonc. authorily lo eliecute snY contracl. irgrceluent. ilrstrument or docunrent. othcr thatr
those rcferrcd to in Pmagraph Fifth above. on lrchall'of the Companr,:
Nanre: IJanon G. Clollier. III
Position: l)irector
Addrr'ss: 2600 Colden Catc I'arkwa1.'
Naples. FL 34 105
Naruc:
Position
Addrcss
Narrrc:
Positiorr:
..\ddress:
Nf,antc:
l'osition:
r\tldress:
Nanrc:
Posit io n:
Addrr"ss:
Nrartrc:
Position:
Addrcss:
Nan:c:
Position:
r\ddress:
Ilrian Gogur.rr
Chiet' Opcruting Ofticer
2600 Colden Cate Parkrvay
Naples. FL 34 lt)5
lJradlev A. Boltz-
Chicf Financial Otlicc'r
260() Goldcn Crte Parku'ay
Naples. l:1" i4 I05
lllake Gablc
Pres idcnt
2600 Golden Gale l'arku,uv
Naples. IrL -1-l 105
Duvid Censon
Senior Vicc l'rcsidr'nt
2600 Colden Cate Parkrvav
Naples. FL 3{ 105
Brian (iogucn
Chiel Operating Olficer
2600 Golden Cate Parkrval'
Naples. Fl- 3,1I 05
Bradley r\. Boaz.
Chief Financial Olllcer
2600 (iolden Calc l'arkrval'
Naples. FI- 34105
i.t:- o
C?,
Pa?51l
i.'-' r{ ('
fi..,. N) rn!4":. 2 'C2,.
'^-' d\
Z;;,, a
Signetl rhis -2 / rlal of r\ugust, 201 8
ac Cecil.
Chairman of the lltrard
16.A.8.b
Packet Pg. 636 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot)
Detail by Entity Name
F onda Deoarhent of Stale
Page I of2
DLvrsroN oF CoRPoRATloNs
,#*,I)tvLtt-ti ul
Cr-t:ryc-tyivly-tl',
.---.
peoanmenr or Siate / 0!Ei9!_9tl:9rpqe!i9!l / Se!@Be!9(ls / S.94rd_brldl!134c /
Detail by Entity Name
Florida Limited Liability Company
CREEKSIDE TOLLGATE, LLC
Filino lnformation
Document Number L2O0OO127O20
FEUEIN Number NONE
Date Filed O5l14l2O2O
E fective Date 0511412020
State FL
Status ACTIVE
Princioal Addr€ss
2600 GOLDEN GATE PARKWAY
NAPLES, FL 34105
Mailino Address
2600 GOLDEN GATE PARKWAY
NAPLES, FL 34105
Reoistered Aqent Name & Address
COLEMAN, YOVANOVICH & KOESTER, P,A,
4OO1 TAMIAMI TRAIL NORTH. SUITE 3OO
NAPLES. FL 34103
Authorized PorsonlsI Oetail
Name & Address
Title MGR
BARRON COLLIER MANAGEMENT, LLC
2600 GOLOEN GATE PARKWAY
NAPLES, FL 34105
Annual Reoorts
No Annual Reports Filed
Documenl lmaogs
05/14/2020 - Ftorida Lrmiled Liabiliiv v€w mage rn POF lomat
http://search.sunbiz.org/Inquiry/corporationSearch/SearchResultDetail?inquirytype:Entity...
812012020
16.A.8.b
Packet Pg. 637 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot)
OPERATING AGREEMENT
OF
CREEKSIDE TOLLGATE, LLC
a Florida Limited Liability Company
ARTICLE I
a The name ofthe Company is Creekside Tollgate, LLC.
b. The principal place of business of the Company shall be 2600 Golden
Gate Parlrway, Naples, FL 34105. The specified office of the Company at which shall be kept
the records required to be maintained by the Company under the Florida Limited Liability
Company Act ("Act") shall be 2600 Golden Gatc Parkway, Naples, FL 34f05.
Section 2. Business of the Company The purpose of the Company shall be to
acquire, own, hold, lease, operate, manage and maintain one or more real estate projects, and to
engage in any lawful act or activity and to exercise any powers permitted to limited liability
companies organized under the laws of Florida that are related or incidental to and necessary,
convenient or advisable for the accomplishment ofthe above mentioned purposes.
ARTICLE II
OPERATION OF THE COMPANY
Section 1. Members. Creekside Wes t, Inc., a Florida corporation ("Creekside"),
shall be the sole Member of the Company
Section 2. Membership Interests. The ownershi p interests shall be expressed as a
percentage of all membership interests in the Company at any particular time ("Membership
Interests"). Creekside, shall be the sole Member and shall own one hundred percent (10tr/d of
the Membership Interests of the Company.
Section 3. Manaqer. Except as otherwise expressly provided in this Agreement, the
ordinary and usual decisions conceming the business affairs of the company sha[ be made by
the Manager. There shall initially be one (1) Manager; however, the number of Managers may
be increased or decreased but only upon the written consent ofthe Member. The Manager shall
be Barron Collier Management, LLC, a Florida limited Iiability company, and such manager
can (subject the statement of Authority, defined below) sign for, act on behalf of, and bind the
Company in conjunction with all ordinary and extraordinary activities ofthe Company including,
without limitation: (a) the company's day-to-day business operations, (b) selling or leasing all or
substantially all of the company's assets, (c) borrowing money on behalf Jf the coipany,
and/or (d) mortgaging all or substantially alr of the company's real and/or personal proi".y.
The act of the Manager for the purpose of carrying on the business or affairs of the c;;;;ny,including the exercise ofthe authority indicated in this Section 3, shall bind tn" compuny aiJ noperson or entity dealing with the company sha have any obligation to inquire into tt" io*". o.authority of a Manager acting on behalf of the company p.orid"d ttrat tt " .eqri.ite ",lrl". "r
OFFICE AND PURI'OSE
Section 1. Name and Office of the Company.
16.A.8.b
Packet Pg. 638 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot)
officer signatories are obtained for taking such action on behalfofthe Manager, in its capacity as
Manager of the Company, as required pursuant to that certain Statement of Authority of Barron
Collier Management, LLC file with the Florida Secretary of State on October 22, 2018 and
recorded in Official Records Book 5577, page 0124 of the public records of Collier County,
Florida, as the same may be amended by the Manager from time to time (the "Statement of
Authority").
Section 4. Other Business. The Member and the Manager, may engage and/or
possess an interest in other business ventures of any nature and description, independently or
with others, whether or not in competition with the Company, and neither the Company nor any
of the Member shall have any right in or to any independent venture or to any income or profit
derived therefrom. Neither the Member nor the Manager shall be obligated to present any
particular investment opportunity to the Company, even if such opportunity, if presented to the
Company, could be taken by the Company.
Section 6. Company Books and Records: Disregarded Entitv. The Manager shall be
responsible for maintaining the books and records ofthe Company. The Manager shall comply
with all Internal Revenue Service rules and regulations. The books ofthe Company shall be kept
on a tax basis of accounting. In accordance with Treasury Regulation $301.7701-(3)(b)(l), the
Company is a disregarded entity for Federal income tax purposes and no separate income tax
return is required so long as the Company remains a single- member entity.
Section 7. Distributions. Any and all cash available for distributions to the Member
shall be allocated and distributed to the Member from time to time, as the Manager determines
that such cash is available for distribution.
ARTICLE III
MISCELLANEOUS PROVISIONS
Section I . Amendment This Operating Agreement may only be amended with the
written consent of the Member
Section 2. Resist ered Agent . The Manager may in its discretion select any person to
be the Registered Agent ofthe Company. The Registered Agent need not be a Member.
Section 3. cap!iq$. Captions contained in this operating Agreement are inserted
only as a matter of convenience and in no way define, limit, extend or describe the scope of the
Operating Agreement or the intent of any provision hereof.
Section 4. Entire Agreement. This operating Agreement ("operating Agreement,')
embodies the entire operating agreement and regulations and understanding ofthe vfJmber and
Manager with respect to the subject matter hereof, and supersedes all prior agreements and
Creekside Tollgate, LLC
Operating Agreement
2 of 3
Section 5. Meetinqs. The Company and the Member shall not be obligated to hold
any meetings, except as specifically set forth hereunder. In no event shall the Company be
required to hold an annual meeting. Special Meetings of the Member and Manager shall be held
when called for by the Manager or when requested in writing by the Member. Such Special
Meeting may be held informally by telephone or in person.
16.A.8.b
Packet Pg. 639 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot)
understandings of the N4ember and Manager related to the subject matter hereof. No
amendment, modification, termination or waiver of any provision of this Operating Agreement
shall be effective unless the same shall be adopted as set forth hercin in writing.
Section 5. Coveming Law. This Operating Agreement and the rights and liabilities
of the Member shall be determined in accordance with the laws of the State of Florida. Venue
for any dispute arising under this Operating Agreement shall lie in a Court of competent
jurisdiction in Collier County, Florida.
Section 6. Interprelation and Severability. l'he provisions of this Operating
Agreement shall be applied and interpreted in a manner consistent with each other so as to carry
out the purposes and intent of the parties hereto, but if for any reason any provision hereof is
determined to be unenforceable or invalid, such provision or part thereof determined to be
unenforceable or invalid shall be deemed severed from this Operating Agreement and the
remaining provisions shall be canied out with the same force and effect as if the severed
provision or part thereofhad not been made part of this Operating Agreement.
Section 7. Successors. Subject to the limits ol transferabilif contained herein, any
and all of the covenants, terms, provisions and agreements herein conlained shall be binding
upon and inure to the benefit ofthe successors, heirs and assigns ofthe respective parties.
Section 8. Notices. Any notice, payment, demand, consent or communication
required or permitted to be given by this Operating Agreement shall be in writing and shall be
deemed to have been sufficiently given or served for all purposes if (i) delivered personally to
the Member, or (ii) sent by registered or certified mail, postage and charges prepaid, addressed to
the address contained in the records of the Company. Any such notice shall be deemed to be
given on the dare on which it was delivered personally or deposited in a regularly maintained
receptacle for the deposit of United States mail, addressed to the Florida registered agent of the
recipient, as reflected on the Florida Secretary of State's website at the time such notice is given.
IN WITNESS WHEREOF, the Member and Company have executed this Agreement as
ofthe 29th day ofMay,2020.
MEMBER:COMPANY:
Creekside West, Inc.,
a Florida corporation
By: Baron Collier Management, LLC
Its: Authdrized Asent
/ :,-)
By: Barron Collier Management, LLC
Its: Manager
By:UL/
Creckside Tollgate, LLC
Operating Agreement
3 of3
Bv
id Genson, S.V.P.Brian Goguen, C
Creekside Toltgate, LLC,
a Florida limited liability company
16.A.8.b
Packet Pg. 640 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot)