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Agenda 10/10/2017 Item #16A 810/10/2017 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of $25,000 to Fortress Ventures, LLC which was posted as a guaranty for Excavation Permit Number 60.149, PL20160002746 for work associated with Thrive Naples. OBJECTIVE: To release a security which was posted as a development guaranty. CONSIDERATIONS: The Development Review Division routinely accepts securities administratively as guarantees for developer commitments in accordance with Section 22-115 of the Collier County Code of Ordinances. The work associated with this security has been inspected and the developer has fulfilled his commitments with respect to this security. The Cash Bond was posted as security for an Excavation Permit associated with Thrive Naples, PL20160002147. The As-Built lake cross sections have been received and the Development Review Division has inspected the lakes. 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. - SAS RECOMMENDATION: To authorize the Clerk of Courts to release the Cash Bond in the amount of $25,000 to Fortress Ventures, LLC. 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: John Houldsworth, Senior Site Plans Reviewer, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Performance Agreement and Cash Bond receipt (PDF) 10/10/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.8 Doc ID: 3686 Item Summary: Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of $25,000 to Fortress Ventures, LLC which was posted as a guaranty for Excavation Permit Number 60.149, PL20160002746 for work associated with Thrive Naples. Meeting Date: 10/10/2017 Prepared by: Title: Site Plans Reviewer, Senior – Growth Management Development Review Name: John Houldsworth 08/24/2017 1:20 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 08/24/2017 1:20 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 08/30/2017 10:10 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/18/2017 4:34 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 09/18/2017 4:36 PM Growth Management Department Matthew McLean Additional Reviewer Completed 09/18/2017 5:32 PM Growth Management Department John Houldsworth Department Head Review Skipped 08/24/2017 1:18 PM Growth Management Department James French Deputy Department Head Review Completed 09/18/2017 9:30 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/27/2017 10:02 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/27/2017 11:00 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2017 8:32 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 09/28/2017 10:15 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2017 7:59 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM UJ 4. TJw * t-- l.* 1^\ Z tu {( x, Xs **4 {,"} (} J rgg3fitTfr}&r+Ih I.TJ .J &e,X J q" 3Jq.* Z.q. r* w u t-x TJ n {3 & H.l(s (\,{ IU'/Trq Itr**Y{}efB!{?Vi ,vtlb mt*. 412fr e )-E \J * q- 3r-"{Vl 11 ffi:vryu t*.*{*f\lI4*&*Ir*Y J**e - &LWX*H,3-[{i*| UTw{X;cly&w;&rluxo<rr f!r{*t - xly-agffiS-L]e*t I I \ $* z0r lLJ & [&Ie*fq lr $3&* a fr', E. l*{3X &* {l)x &rliUx ?&?,1/\ *hJvH* THIS EtRcg\\ef EXCAVATION PERFORMANCE AGREEMENT ^ r.OL XCAVATION PERFORMANCE AGREEMENT entered into this c/ , 2016 between Naples One, LLC hereinafter referred to as "Developer," Board of County Commissioners of Collier County, Florida, hereinafter referred to as the " day of and 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 Agreement stating applicant will comply with the Excavation Regulations and Excavation Permit No. P120 160002746 (the "Excavation Permit"). Developer agrees to comply with the Excavation Regulations and the Excavation Permit (the "Excavation Work"). ln 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. The County Manager or designee shall, within sixty (60) days of receipt of notification by Developer in writing that the Excavation Work rs 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 conditlons which Developer must fulfill in order to obtain the County Manager's approval of the Excavation 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 excavation performance security to secure 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 1 2 3 4 6 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 herewith tenders its excavation performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $25.000. 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. q 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. lN WITNESS WHEREOF, the Board and Developer have caused this Aoreement to be executed by their duly authorized representatives this 3h day of &Qmbtf - .2OJL PR NCE OF br LCt\ By: Fo compa t\4 a mber By lvlark Marlow, Manager BOARD OF COUN IONERS OF COLLIER CO des ofth ntv pursuant to Resolution No. 201 5-162 Naples One, LLC, a Florida limited liability company By: Naples I JV LLC, a Delaware limited liability company, its Sole Member Naples GP, LLC, a Georgia limited liability company, its Authorize d t\4 mber iffi Na C,Florida limited liability I Printed Name |W;"ufor,A pl, w*€L s tr*LLU}.,lilL- Printed Name ATTEST: DWIGHT E. BROCK, CLERK By Deputy Clerk Scott A. Stone Assistant County Attorney Bv I :r,""ryI Approved as to form and legality:_1.- r /\r_- t=----/+ tt Receipt Number: Tra nsaction Number: Date Pa id: Amount Due: Payment Deta ils: Amount Pa id: Change / overage: Contact: FEE DETAILS: Fee DescriDtion Refundable Bonds Cashier Name: Batch Number: Entered By: 2016370613 2076-071257 12l07l2at6 $25,000.00 Pavment Method Check $25,000.00 $0.00 Fortress Ventures LLC 23190 Fashion Drive Estero, FL 339 28 Reference N umber P120160002746 MartlnRuedy 5892 AlmaSerna Br to Amount Pa id 525,000.00 Check Number 3201 oriqinal Fee s25,000.00 Amount Pa id 525,000.00 GL Account 670-000000- 2201 13 Collier County Growth Management Division tBA0 llcrt€:shoe l)t t'r'a N l\taries, I L i,1 141 )39 252 2104) RECEIPT OF PAYMENT