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Agenda 09/14/2021 Item #16A38 (Performance Bond Release for Bayshore Food and Wine Venue PL20210000137)09/14/2021 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $2,960 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20210000137) for work associated with Bayshore Food and Wine Venue. _____________________________________________________________________________________ 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 Bayshore Food and Wine Venue SDP, (PL201900002611). On June 10, 2021, 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 $2,960. 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.38 Packet Pg. 1052 09/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.38 Doc ID: 17727 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $2,960 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20210000137) for work associated with Bayshore Food and Wine Venue. Meeting Date: 09/14/2021 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 08/09/2021 12:57 PM Submitted by: Title: Environmental Specialist – Growth Management Department Name: Jaime Cook 08/09/2021 12:57 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 08/09/2021 1:01 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 08/09/2021 2:32 PM Growth Management Department Jaime Cook Additional Reviewer Completed 08/09/2021 9:39 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/10/2021 12:30 PM Growth Management Department Lissett DeLaRosa Growth Management Department Completed 08/11/2021 11:20 AM Growth Management Department Trinity Scott Transportation Skipped 08/10/2021 7:40 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/11/2021 11:24 AM Growth Management Department Mike Bosi Growth Management Completed 08/12/2021 2:16 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/12/2021 2:20 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/12/2021 2:59 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/13/2021 9:16 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/01/2021 10:56 AM Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM 16.A.38 Packet Pg. 1053 BAYSHORE FOOD AND WINE VENUE LOCATION MAP 16.A.38.a Packet Pg. 1054 Attachment: Location Map (17727 : EWA Bond Release - Bayshore Food And Wine Venue) EARLY WORK PERFORMANCE AGREEMENT THIS EARLY WORK PERFORMANCE AGREEMENT entered into $is (Tk day of Fe[-,.u r, ru ,20 t- I , between Naples 3.0 Holdinqs. LLC hereinafter referred to as "DeClotai' A-nd tne aoarolf 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.B (collectively, the "Early Work Regulations"); and WHEREAS, the Early Work Regulations require Developer to post appropriate perfornrance guarantees Authorization Permit No. to ensure com liance with the Early Work Reguiations and Early Work (the "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 $2.950.00. 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 notiflcation 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 Early Work, therewith specifying those conditions which Developer must fulfill in order to obtain the County Manager's approval of the Early 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 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 cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the Early Work. The Developer, as principal underthe early 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 1 2 3 4 5. 6. 16.A.38.b Packet Pg. 1055 Attachment: Bond Basis (17727 : EWA Bond Release - Bayshore Food And Wine Venue) contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of Developer to fulflll 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 Develope r have caused this reement to be executed by their duly authorized representatives this 4 T// dav of a 20J / SIGNED R E EOF (Name of v) Sign By Printed Name 7 Printed Name ATTEST: Crystal K. Kinzel, CLERK & Comptroller roved as to form nd legality Derek D. Perry Assistant County Attorney EFBU<I^ Dr{bto\c Printed Name/Title (President, VP, or CEO) Provide Proper Evidence of Authority) BOARD OF COUNTY COMMISSIONERS bA Sign: JrqN (rF.NHl OF By: CO CO LORIDA as designee ofthe County Manager pursuant to Resolution No. 2015-162 By:- Clerk 16.A.38.b Packet Pg. 1056 Attachment: Bond Basis (17727 : EWA Bond Release - Bayshore Food And Wine Venue) E/-l^b,i ,,4 Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Numberl Transaction Numberl Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Eee-DrscriDtign Retundable Bonds Cashier Name: Batch Number: Entered By: 2021811655 2021-009588 02/04/2021 $2,960.00 Pavment Method check $2,960.00 $0.00 Three60 Market LLC 2891 Bayview Drive Naples, FL 341125838 Reference Number P120210000137 AlinaHarris 9810 monroig_i Amount Paid $2,960.00 Check Number 2497 A.Eisilsl Fee $2,9 60.00 Amount Eitl $ 2,960.00 Sllcseurt 670-000000-220113 16.A.38.b Packet Pg. 1057 Attachment: Bond Basis (17727 : EWA Bond Release - Bayshore Food And Wine Venue) C-a C-,ounty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.lqt 28OO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 2s2-2400 FAx: (239) 2s2-63s8 PROJECT NAME: AUTHORIZATION FOR REPRESENTATION EARLY WORK PERMIT Bayshore Food and Wine Venue APPLICATION # Naples 3.0 Holdings, LLC o, ,ner/Petitioner 1 350 Jewel Box Avenue Address Naples, FL34102 City/State/Zip rebecca@three60market.com / 239-733-0665 Telephone/Email Address here Printed Name undersigned owner/petitioner of the aforementioned property, the foll Agent/Company to represent me for a Petition for Early Work permit. .7- l of Owner /Petitioner Date caZ Owtvbc- Title Name/Title Company Address City/state/zip 8/74/2OLs Page 3 of 3 Telephone/Email Address 16.A.38.b Packet Pg. 1058 Attachment: Bond Basis (17727 : EWA Bond Release - Bayshore Food And Wine Venue) 2t4t2021 search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntjtyName&directionType=lniUal&searchNameOrder=NAPLES30HOL... 213 Detail by Eniity Name Detail by Entity Name Florida Limited Liability Company NAPLES 3.0 HOLDINGS LLC Filing lnformation Document Number L19000223308 FEI/EIN Number U-3279348 Dare Filed 09/03/2019 StAtE FL Status ACTIVE Princip_a!_lk&Uess 1350 JEWEL BOX AVE NAPLES, FL 34102 Mailing Address 1350 JEWEL BOX AVE NAPLES, FL 34102 Registered Agent Name & Address HOLMES FRASER PA 711 5TH AVE S STE 2OO NAPLES, FL 34102 Authorized Person(s) Detail Name & Address Title MGR MADDOX, REBECCA J 1350 JEWEL BOX AVE NAPLES, FL 34102 Title MGR BROWN, ANTONIO B 2055 TRADE CENTER WAY NAPLES, FL 34109 Annual Repgls Report Year 2020 2020 Filed Date 03t08t2020 05t08t2020 Document lmages 05/08/2020 - AMENDED ANNUAL REPORT 03/08/2020 .- ANNUAL REPORT 09/03i2019 - Florida Limrted Liabllity View image in PDF fomat View imaoe in PDF formal View image rn POF format I 16.A.38.b Packet Pg. 1059 Attachment: Bond Basis (17727 : EWA Bond Release - Bayshore Food And Wine Venue)