Agenda 09/10/2019 Item #16A19 (Thrive at Naples Cash Bond)09/10/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of $19,200
which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20160003068) for work associated with Thrive at Naples.
_____________________________________________________________________________________
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 Thrive at Naples PPL, (PL20160002147). On March 28,
2017, the PPL was approved by the Board of County Commissioners 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 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. - SAA
RECOMMENDATION: To authorize the Clerk of Courts to release the Cash Bond in the amount of
$19,200. 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, Technician, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.19
Packet Pg. 607
09/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.19
Doc ID: 9616
Item Summary: Recommendation to authorize the Clerk of Courts to release a Cash Bond in the
amount of $19,200 which was posted as a development guaranty for an Ea rly Work Authorization (EWA)
(PL20160003068) for work associated with Thrive at Naples.
Meeting Date: 09/10/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
07/16/2019 2:04 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
07/16/2019 2:04 PM
Approved By:
Review:
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/16/2019 4:19 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/17/2019 6:43 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 07/17/2019 8:59 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 07/18/2019 2:40 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 07/19/2019 2:00 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 07/25/2019 2:31 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 07/29/2019 12:08 PM
Growth Management Department James C French Deputy Department Head Review Completed 07/29/2019 2:16 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 08/19/2019 2:36 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/19/2019 3:04 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2019 4:28 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/22/2019 9:04 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/26/2019 2:31 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
16.A.19
Packet Pg. 608
THRIVE AT NAPLES
LOCATION MAP
16.A.19.a
Packet Pg. 609 Attachment: Location Map (9616 : Bond Release for EWA - Thrive at Naples)
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into tnis J\9$ Oay ot
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 herelo
as Exhibit "A" and by reference made a part hereof) in the amount of $19.200.
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.
,*ld
zu to.
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".
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 lo ensure qompliance with the Early Work Regulations and Early Work
Authorization Permit No. EWA - PLUAIl oRDlh(8 (the "Eaily work pelmit").
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
2
3
4
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) noti!
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 tr,lanager or designee
may call upon the earry performance security to secure satisfaciory comprelion,
repair and maintenance of the Earry work. The Board shafl nave tne iight to
construct and maintain, or cause to be constructed or maintained, pursuint topublic advertisement and receipt and acceptance of bids, the Early Work. The
Developer' as principar under the earry performance security, shal be riabre to pay
and to indemnify the Board, upon completion of such mnstruction, the final tot;lcost to the Board thereof, including, but not limited to, engineering, legal andcontingent costs, together with any damages, either direct or consequential, which
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16.A.19.b
Packet Pg. 610 Attachment: Bond Basis (9616 : Bond Release for EWA - Thrive at Naples)
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 Agreement to be
executed by their duly authorized representatives tnis ]i\dayof CC\)rfl.2016.
the Board may sustain on account of the failure of Developer to fulfill all of the
provisions of this Agreement.
SIGNED IN THE PRESENCE OF:
Naples One, LLC, a Florida limited liability company
By: Naples IJV LLC, a Delaware limited liability
company, its Sole Member
By: Naples GP, LLC, a Georgia limited liability company,Sign:
its Authorized M
By:
By:
Fortre apl t.a Florida limited liability
Printed Name
Sign:
rtL Luw<-
Printed Name
ATTEST
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
App eda form and legality
Scott A. Stone
Assistant County Attorney
Mark Marlow, its Manager
BOARD OI.' CO
OI COLLILR C
Bl
YCO SSIONERS
Y, I;I,
as dosi Sncc the C ager
pursuant 10 Resolutirn No 2015-162
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16.A.19.b
Packet Pg. 611 Attachment: Bond Basis (9616 : Bond Release for EWA - Thrive at Naples)
Collier County
Growth Management Division
2804 Harseshae Drive N
Naples, FL 34104
239-252-2400
,h tt
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Deta ils:
Amount Pa id:
Change / overage:
Contact:
FEE DETAILS:
Fee DescriDtion
Refundable Bonds
Cashier Name:
Batch Number:
Entered By:
2016370615
2016-077253
12107 /2076
$ 19,200.00
Pavment Method
Check
$19,200,00
$0.00
Fortress Ventures LLC
2 3190 Fashion Drive
Estero, FL 33928
Amount Pa id
s19,200.00
check Number
3202
GL Acco u nt
670-000000-220113
Reference Number
P120160 00 3068
Oriqinal
Fee
519,200.00
Amount
Paid
s 19,2 0 0.0 0
MartinRuedy
5892
AlmaSernaBrito
16.A.19.b
Packet Pg. 612 Attachment: Bond Basis (9616 : Bond Release for EWA - Thrive at Naples)
SernaBritoAlma
From:
Sent:
To:
Cc:
Subject:
Attachments:
Jessica Harrelson <Jessica@davidsonengineering.com>
Thursday, December 08, 2016 2:08 PM
SernaBritoAlma; Stonescott
RosenblumBrett; Josh Fruth
RE: Excavation and Early Work Authorization for Thrive at Naples
Authorizing Consent Resolution of Naples One, LLC.PDF
Scott,
Attached is a Resolution that names Mark Marlow as Manager (see second paragraph). This resolution goes through the
chain of entities for the ownership of the subject project.
Please let me know if you require any additional information.
Thank you.
Jessica Harrelson
DCDAV!DSONrN(ltNt rRING
www.davidsonenqineerinq.com
Davidson Engineering, lnc.
4365 Radio Road, Suite 201
Naples, FL 34104
Phone 239.434.6060
Fax 239.434.6084
Oisclaimer: This email, along with any liles transmitted with it, is ,or the sole use of the intended recipient(s). Any unauthorized review, use, retention
disclosure, dissemination, forwarding, printing or copying of this e-mail or attachments is prohibited.
From: Serna BritoAlma Imailto:AlmaSernaBrito@colliergov.netl
Sent: Thursday, December 08, 2016 1:41 PM
To: Josh Fruth <Josh@davidsonengineering.com>; Jessica Harrelson <Jessica@davidsonengineering.com>
Cc: RosenblumBrett <BrettRosenblum@colliergov.net>
Subject: Excavation and Early Work Authorization for Thrive at Naples
lmportance: High
Good afternoon,
I have received this projects back from the CAO the following comments (for both projects) are pending please review
and provide the information necessary.
Please provide evidence that Mr. Marlow is authorized to sign on behalf of owner. Simply listing the chain of
ownership is not evidence of authority.
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16.A.19.b
Packet Pg. 613 Attachment: Bond Basis (9616 : Bond Release for EWA - Thrive at Naples)
Example: Show documentation that Mr. Marlow, is manager of Fortness; that Fortness is managing member
of Naples GP; that Naples GP is authorized member of Naples, JV; and that Naples, JV is member of Naples
one, LLC.
lf you have any further question please feel free to contact Scott Stone at 239-252-57 40 ot Scottsto ne *6collie rgov.net
Thank you very much and have a great day!
fr"6ro U"n o"6ito
Alma Serna Brito, Planning Technician
Growth Management Department
Development Review Division
2800 N. Horseshoe Dr.
Naples, FL 34104
Ph: (239) 2s2-7344
ev
Qovmty
rrA.r,-
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Under Florida Law e mail addresses are public records lf you do not wanl your e-mail address released rn response lo a public records request. do nol send
electronrc mail to this entity. lnslead, contacl this office by lelephone or in writing.
2
a
16.A.19.b
Packet Pg. 614 Attachment: Bond Basis (9616 : Bond Release for EWA - Thrive at Naples)
Exhibit "A'
Legal Description
The East 1/2 of the Northwest 1/4 of the Northwest l/4 of Section 18, Township 49 Souttr, Range
26 East, Collier County, Florida, less the West l/2 of the Northeast l/4 of the Northwest l/4 of
the Northwest 1/4 of Section 18, Township 49 South, Range 26 East, Collier County, Florida,
less Parcel 116 as described in the Lis Pendens recorded in O.R. Book 2631, Page 188 and Order
of Taking recorded in O.R. Book 2660,Page 3364 and less Parcel 115 as described in the Lis
Pendens recorded in O.R. Book 944, Page 494 and the Stipulated Final Judgment recorded in
O.R. Book 1185, Page 541, Public Records of Collier County, Florida.
Page 3 of3
16.A.19.b
Packet Pg. 615 Attachment: Bond Basis (9616 : Bond Release for EWA - Thrive at Naples)
^*DATED effective as of the4l _ day of October 2015.
SOLE MEMBER:
NAPLES I JV LLC, a Delaware limited liability
company
By: NAPLES GP, LLC, a Georgia
limited liability company, its Authorized
Mernber
By: FORTRESS NAPLES, LLC, a
Florida limited liability company, its
Managing Member
Byr
Michael S. Faulkner, its
Manager
Page 2 of3
16.A.19.b
Packet Pg. 616 Attachment: Bond Basis (9616 : Bond Release for EWA - Thrive at Naples)
Pursuant to the authority contained in Section 60s.04073, Florida statutes, the
undersigncd, who is the sole member of NApLES ol\rE, LLc, a Florida limited liability
company (the "Borower"), consents to the adoption ofthe following resolutions:
RESOLVED, that Borrower has agreed to enter into a loan transaction (the
''Loan") with centenniar Bank in the principar amount of approximately
TWENTY-FOUR MILLION NINE HUNDRED FORTY.FOUN IfuOUSAT{O
NINE ITUNDRED THIRTY_FOUR AND 00/100 DoLLARS ($24,944,934.00)
(or such other amount as. may be approved by a Manager (as hereinafter defmed)i
which shall be secured by, inter alid, that certain real property located at 34ti0
Pine Ridge Road, Naples, Frorida 34109 and more particularry described inExhibit "A." which is attached hereto and incorporated herein by reference, andall actions taken by the Borrower related to the Loan, whethir heretofoie or
hereafter taken, are ratified and confirmed as actions ofthe Borrower;
RESOLVED FURTHER, that each of Michael S. Faulkner, James T. Holloway,
and Mark L. Marlow (each a.,Manaeer',), the managers of Fortress Naples, LLC,
a Florida limited liability company (the ..pafeU"), as rhe manager of Naples Gp,
LLC. a Georgia limited liabiliry company (,,Gp,'), as the authorized mimber of
Naples I JV LLC. a Deraware limited liability company ('Jv), the sore member
of the Borrower, are hereby individually authorized without need ofjoinder by the
othcr aurhorized persons and are directed to do any and all things, including
without limitation signing, delivering, and causing the Borrower to pirtirrm unaei
any document, deemed necessary or advisable by such Manager 1n connection
rvith obraining the Loan;
RESOLVED FURTHER, that all actions heretofore taken by any Manager in their
capacity as the manager of the Parent, all action heretofore taken by the parent,
Fortress Naples, GP, or JV, and all things done by such person's or entity,s
authority with respect to the obtainnent of the Loan be, and the same are, hereby
ratified and approved as actions ofthe Borrower; and
RESOLVED FINALLY, that rhe transactions contemplated by the foregoing
resolutions are reasonably expected to benefit the Borrower and flre parentlboti
directly and indirectly.
AUTHORIZING CONSENT
RESOLUTI oN oF NAPLES ONE , LLC
[Signature appe.us on the following page.]
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Packet Pg. 617 Attachment: Bond Basis (9616 : Bond Release for EWA - Thrive at Naples)