Agenda 05/27/2025 Item #16A10 (Resolution - Final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Thrive at Naples)5/27/2025
Item # 16.A.10
ID# 2025-1238
Executive Summary
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and
acceptance of the plat dedications, for the final plat of Thrive at Naples, Application Number PL20160002147, and
authorize the release of the maintenance security in the amount of $80,422.78.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure
improvements associated with the subdivision, accept the plat dedications, and release the maintenance security.
CONSIDERATIONS:
1. On October 3, 2018, the Growth Management Department granted preliminary acceptance of the roadway and
drainage improvements in Thrive at Naples.
2. The roadway and drainage improvements will be maintained by the project’s owners.
3. The required improvements have been constructed in accordance with the Land Development Code. The
Growth Management Department has inspected the improvements on March 28, 2025 and is recommending
final acceptance of the improvements.
4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. The
resolution is a requirement of Section 10.02.05 C of the Land Development Code. A copy of the document is
attached.
This item is consistent with the Collier County strategic plan objective to operate an efficient and customer-focused
permitting process.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project’s owners. The existing
security in the total amount of $80,422.78 will be released upon Board approval. The original security in the amount of
$218,266.86 has been reduced to the current amount based on the previous work performed and completed and pursuant
to the terms of the Construction and Maintenance Agreement dated November 29, 2017.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for
Board approval. - DDP
RECOMMENDATIONS: To have the Board accept final acceptance of the roadway and drainage improvements in
Thrive at Naples, Application Number PL20160002147, and authorize
1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and plat
dedications.
2. The Clerk of Courts to release of the maintenance security.
PREPARED BY: Lucia S. Martin, Project Manager I, Development Review
ATTACHMENTS:
1. Location Map
Page 1109 of 7924
5/27/2025
Item # 16.A.10
ID# 2025-1238
2. Bond Basis
3. Resolution
4. Plat Map
Page 1110 of 7924
THRIVE AT NAPLES
LOCATION MAP
Page 1111 of 7924
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this day of 3 > 20 — between
Naples one, llc hereinafter referred to as "Developer," and the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as the "Board.
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the
Board of certain plat of a subdivision to be known as: Thrive at Naples
B. Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision
regulations, said guarantees to be incorporated in a bonded agreement for the construction of the
required improvements.
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 will cause to be constructed:the required Roadway, Drainage, Water & Sewer Improvements
within 21 months from the date of approval said subdivision plat, said improvements
hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and
by reference made a part hereof) in the amount of $218,266.86 . which amount represents 10% of
the total contract cost to complete the construction plus 100% of the estimated cost of to complete
the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such improvements
within the time required by the Land Development Code, Collier may call upon the subdivision
performance security to insure satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until a statement of substantial
completion by Developer's engineer along with the final project records have been furnished to be
reviewed and approved by the County Manager or his designee for compliance with the Collier
County Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of
substantial completion, either: a) notify the Developer in writing of his preliminary approval of the
improvements; or b) notify the Developer in writing of his refusal to approve improvements,
therewith specifying those conditions which the Developer must fulfill in order to obtain the County
Manager's approval of the improvements. However, in no event shall the County Manager or his
designee refuse preliminary approval of the improvements if they are in fact constructed and
submitted for approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one year after
preliminary approval by the County Manager or his designee. After the one year maintenance period
by the Developer has terminated, the Developer shall petition the County Manager or his designee to
inspect the required improvements. The County Manager or his designee shall inspect the
improvements and, if found to be still in compliance with the Land Development Code as reflected by
final approval by the Board, the Board shall release the remaining 10% of the subdivision
performance security. The Developer's responsibility for maintenance of the required improvements
shall continue unless or until the Board accepts maintenance responsibility for and by the County.
Page 1112 of 7924
7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter
the Developer may request the County Manager or his designee to reduce the dollar amount of the
subdivision performance security on the basis of work complete, Each request for a reduction in the
dollar amount of the subdivision performance security shall be accompanied by a statement of
substantial completion by the Developer's engineer together with the project records necessary for
review by the County Manager or his designee. The County Manager or his designee may grant the
request for a reduction in the amount of the subdivision performance security for the improvements
completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon
certification of such failure, the County Manager or his designee may call upon the subdivision
performance security to secure satisfactory completion, repair and maintenance of the required
improvements. 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
improvements required herein. The Developer, as principal under the subdivision 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 the Developer to fulfill all of the provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding upon the
Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused thi§ Agreement to be executed by
their duly authorized representatives this yfr* day Of 20JZ
SIGNED IN THE PRESENCE OF:
BVT
L ^tedNamtJWcn Michael S. Faulkner, Manager, Naples One, LLC
\ 1 1 Printed Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Bv: Bv:
Deputy Clerk Chairman
Approved as to form and legality:
Assistant County Attorney
Page 1113 of 7924
PERFORMANCE BOND
BOND NO. 3393415
KNOW ALL PERSONS BY THESE PRESENTS: that
Naples One, LLC (Name of Owner)
23190 Fashion Drive North (Address of Owner)
Naples, FL 33928 (Address of Owner)
(Hereinafter referred to as "Owner") and
SureTec Insurance Company (Name of Surety)
3855 Shallowford Rd., Suite 610 (Address of Surety)
Marietta, GA 30062 (Address of Surety)
800 226-4520 (Telephone Number)
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County. Florida, (hereinafter * „ . . Two Hundred Eighteen Thousand Two -referred to as County ) in the total aggregate sum of Hundred Sixty Six and 86/100 Dollars
($ 218,266.86 ) in lawful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context
requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board of a certain subdivision plat named Thrive at Naples and that
certain subdivision shall include specific improvements which are required by Collier County Ordinances
and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall
commence on the date this Bond is executed and shall continue until the date of final acceptance by the
Board of County Commissioners of the specific improvements described in the Land Development
Regulations (hereinafter the "Guaranty Period").
NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties
in accordance with the Land Development Regulations during the guaranty period established by the
County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save
harmless the County from and against all costs and damages which it may suffer by reason of owner's
failure to do so, and shall reimburse and repay the County all outlay and expense which the County may
incur in making good any default, then this obligation shall be void, otherwise to remain in full force and
effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that
no change, extension of time, alteration, addition or deletion to the proposed specific improvements
shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change,
extension of time, alteration, addition or deletion to the proposed specific improvements.
PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the
Page 1114 of 7924
Owner and the Surety to the full and faithful performance in accordance with the Land Development
Regulations. The term "Amendment", wherever used in this Bond, and whether referring to this Bond,
or other documents shall include any alteration, addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 28th day of November / 2017 / .
WITNESSES: (Owner Name and Titl^if Corporation) Naples One, LLC
J >• CO J
Printed Name*?**1). Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name*«J^~cV A. 4rN< M ^AuhJ
ACKNOWLEDGEMENT
STATE OF
COUNTY OF Co llipr
THE FOREGOING
fwU<vxhP f
PERFORMANCE y_2£—
DNALLY KNO
BOND WAS
20 n .
OF ACKNOWLEDGER) AS
COMPANY) WHO ISPERSONALLY
AS IDENTIFICATION.
Notary Public-State
(SEAL)
ACKNOWLEDGED BEFORE ME THIS
by flVxd
(TITLE) OF
OW TO ME, OR HAS PRODUCED
DAY OF
(NAME
_(NAME OF
o^tfrxca,
Printed Name
f*S JESSICA HARRELSON
\ No,»fy Public • Stats of Florida
•j CommlatJon # FF 954332
My Comm. Expirat May 18,2020
Bondtd through Rational Rotary Assn
SURETY: SureTec Insurance Company
BY: ~j \.\CU Llf QplAj.at .
Michelle Deligne, Attorney-in-Fact
Witness:
i isi o F,''V,. A, J/Srik McMichdel
Page 1115 of 7924
POA#: 1010007
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
J. Erik McMichael, Jennifer S. Freeman, Suzanne Yeatman, Michelle Deligne
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for, providing the bond penalty does not exceed
Five Hundred Thousand and 00/100 Dollars ($500,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment shall continue in force until 12/31/2018 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 21 st day of March , A.D. 2017 .
SURETEC INSURANCE COMPANY
By:
State of Texas
County of Harris
telTAT* /$! John Knox nt rest
On this 21st day of March , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that
he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
,\\UH III, mpb ^ ^ \ O —
XENIA CHAVEZ
iNotary Public, State of Texas
Comm. Expires 09-10-2020
Notary ID 129117659 X^jfiaYrfiavez, Notary Public
ly commission expires September 10, 2020
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 28th dav of Nave 2017 , A.D.
I. Brent Besfty, Assistant Secretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
Page 1116 of 7924
Growth Management Division/Development Review ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400
Growth Management Division
Development Review
August 6, 2018
Jessica Harrelson
Davidson Engineering
4365 Radio Road, Suite 201
Naples, FL 34104
RE: Performance Bond No. 3393415
Thrive – PPL - 20160002147
Dear Ms. Harrelson:
Please be advised that based on the work completed to date, the subject Performance
Bond may be reduced leaving an available security balance of $80,422.78. The
remaining security represents the 10% contingency of the project.
An original Bond Rider should be directed to this office, reducing the value of the
Bond, “all other terms and conditions of the original Performance Bond to remain in full
force and effect”.
If I can be of any further assistance to you in this regard, please let me know.
Sincerely,
Matt McLean
Matt McLean, P.E.
Director, Development Review/Growth Management
Collier County, FL.
Page 1117 of 7924
r
GENERAL SURETY REDER
To be attached and form a part of
Type of Bond: Performance
Bond No.: 3393415
Dated effective: November 28, 2017
(MONTH, DAY, YEAR)
executed by: Naples One, LLC_________
(PRINCIPAL)
and by: SureTec Insurance Company
(SURETY)
_, as Principal,
., as Surety,
and in favor of: Collier County, FL
(OBLIGEE)
In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to
changing
FROMINFORMATION
Decrease Bond Amount $218,266.86 $80,422.78
Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein
expressly stated.
This rider is effective August 6, 2018
(MONTH, DAY, YEAR)
Signed and Sealed August 16, 2018
(MONTH, DAY, YEAR)
Naples One, LLC
A <JI UJ.-PRINCIPAL
BY:
TITLE
SureTec Insurance Company
suretY^,,,^
BY: (.0 it f :ApI> i i n m ,
Ueligne, Attorney-i^-FactMichelle
Page 1118 of 7924
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the “Company5’), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint Michelle Deligne Newnan, GA
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Surety Bond No.: 3393415
Principal: Naples One, LLC
Obligee: Collier County, FL
Amount: Sec Bond Form
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attomey-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company’s liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 6th day of April, A.D. 2017.
SURETEC CrCOMfiANYrmBy:
John KnoxAJPr, PresidentccState of Texas
County of Harris
On this 6th day of April, A.D. 2017 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order. ^
ss:
*
JACQUELYN GREENLEAF
s^Vjtvj&Notary Public, State of Texas
Comm. Expires 05-18-2021
Notary ID 126903029 Jaqquelyn Greenleaf, Notary Public
My commission expires May 18,2021
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 16th dav/ctf August 2018 , A.D.2
M. Brent Beaty, Assistant Secretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
Page 1119 of 7924
RESOLUTION NO.25-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COT]NTY, FLORIDA
AUTHORIZING FINAL ACCEPTANCE OF CERTAIN
ROADWAY AND DRAINAGE IMPROVEMENTS AND
PLAT DEDICATIONS IN THRIVE AT NAPLES,
ACCORDING TO THE PLAT THER.EOF RECORDED IN
PLAT BOOK 63, PAGES 64 THROUGH 67, AND RELEASE
OF THE MAINTENANCE SECURITY.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on March
28,2017 , approved the plat of Thrive at Naples for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and drainage
improvements in accordance with the approved plans and specifications as required by the Land
Development Code (Collier County Ordinance No. 04-41, as amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and drainage
improvements and release ofthe maintenance security; and
WHEREAS, the Development Review Division has inspected the roadway and drainage
improvements, and is recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COLTNTY, FLOzuDA, that final acceptance is hereby
granted for those roadway and drainage improvements and plat dedications in Thrive at Naples,
pursuant to the plat thereof recorded in Plat Book 63, pages 64 through 67, and the Clerk is
hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Thrive at Naples will be maintained privately in the future and will not be
the responsibility of Collier County.
This Resolution adopted after motion, second and majority vote favoring same, this
_ day of
DATE:
ATTEST:
CRYSTAL K. KINZEL, CLERK
Deputy Clerk
Approved as to form and legality:
Derek D. Perry
Assistant County Attomey
[25-ErS-05 168/ 1934854/ l ]
2025.
BOARD OF COLTNTY COMMISSIONERS
COLLIER COUNTY, FLOzuDA
By
Burt L. Saunders. Chairman
age I ofl
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