Agenda 08/23/2016 (In Absentia) Item #11D08/23/2016
EXECUTIVE SUMMARY
Recommendation to approve an Early Construction Performance Agreement between Collier
County and TT of Airport, Inc. and an Early Construction Performance Bond for Early
Construction Authorization Permit PRBD20160622869, and authorize the Chairman to execute the
Agreement.
OBJECTIVE: To approve an Early Construction Authorization Performance Agreement between Collier
County and TT of Airport, Inc. And an Early Construction Performance Bond for Early Construction
Authorization Permit PRBD20160622869, and authorize the Chairman to execute the Agreement.
CONSIDERATIONS: The developer of Naples Acura, TT of Airport, Inc. Has submitted an application
for an Early Construction Authorization permit. Section 10.01.02 C.1.g of the Collier County Land
Development Code requires a Developer to post a performance security to guarantee work associated with
Early Construction Authorization permits (the “ECA Permit”). In addition, the Developer and County will
enter into a Performance Agreement, which provides the terms and conditions under which the County
may call upon the performance security. The Agreement allows and obligates the developer to perform
certain construction activities prior to final approval of a developer order such as Site Development Plan,
Site Improvement Plan, or Site Development Plan Amendment (the “Site Plan”). In the event that the Site
Plan is denied by the County, or the Developer fails to receive Site Plan final approval prior to the
expiration of the ECA Permit, or the Developer is otherwise found to be in non-compliance with the
Agreement, an item will be brought before the Board for authorization to call on the posted security or to
otherwise resolve the issue.
Approval of this Agreement by the County Manager is subject to formal ratification by the Board of
County Commissioners. If the decision by the County Manager is not ratified by that Board, this
Agreement shall be enforceable against Collier County only to the extent authorized by law in the absence
of such ratification by the Board.
FISCAL IMPACT: No fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no growth management plan 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-- SAS
RECOMMENDATION: That the Board approve an Early Construction Performance Agreement
between Collier County and TT of Airport, Inc. And an Early Construction Performance Bond for Early
Construction Authorization Permit PRBD20160622869, and authorize the Chairman to execute the
Agreement.
Prepared By: Scott A. Stone, Assistant County Attorney
ATTACHMENT(S)
1. Agreement initialed by SAS 082216 (PDF)
11.D
Packet Pg. 51
08/23/2016
11.D
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08/23/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.D
Item Summary: Recommendation to approve an Early Construction Performance
Agreement between Collier County and TT of Airport, Inc. and an Early Construction
Performance Bond for Early Construction Authorization Permit PRBD20160622869, and
authorize the Chairman to execute the Agreement.
Meeting Date: 08/23/2016
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
08/23/2016 8:38 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
08/23/2016 8:38 AM
Approved By:
Review:
County Attorney's Office Scott Stone Level 1 Add Division Reviewer Completed 08/23/2016 2:46 PM
Budget and Management Office Mark Isackson Level 3 OMB 2nd Reviewer Completed 08/23/2016 2:48 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 CAO Completed 08/23/2016 2:53 PM
Board of County Commissioners MaryJo Brock Meeting Pending 08/23/2016 12:00 AM
County Manager's Office Leo E. Ochs County Manager Review Completed 08/23/2016 3:44 PM
11.D
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11.D.a
Packet Pg. 54 Attachment: Agreement initialed by SAS 082216 (1856 : Early Construction Performance Agreement)
11.D.a
Packet Pg. 55 Attachment: Agreement initialed by SAS 082216 (1856 : Early Construction Performance Agreement)
11.D.a
Packet Pg. 56 Attachment: Agreement initialed by SAS 082216 (1856 : Early Construction Performance Agreement)