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Agenda 03/23/2021 Item #16A 8 (Performance Bond Release - Tollgate Plaza Parking Lot)03/23/2021 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $17,800 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20200001441) for work associated with Tollgate Plaza Parking Lot. _____________________________________________________________________________________ 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 Tollgate Plaza Parking Lot SDP, (PL2020000246). On October 21, 2020, 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 $17,800. 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.8 Packet Pg. 629 03/23/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.8 Doc ID: 15013 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $17,800 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20200001441) for work associated with Tollgate Plaza Parking Lot. Meeting Date: 03/23/2021 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 02/10/2021 11:20 AM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 02/10/2021 11:20 AM Approved By: Review: Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 02/10/2021 11:35 AM Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 02/10/2021 12:03 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/11/2021 12:22 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/19/2021 11:39 AM Growth Management Department Matthew McLean Additional Reviewer Completed 02/19/2021 1:38 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 02/21/2021 12:37 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 02/22/2021 8:36 AM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 02/22/2021 8:56 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/24/2021 10:15 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/08/2021 10:31 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/10/2021 5:02 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/23/2021 9:00 AM 16.A.8 Packet Pg. 630 TOLLGATE PLAZA PARKING LOT LOCATION MAP 16.A.8.a Packet Pg. 631 Attachment: Location Map (15013 : EWA Bond Release - Tollgate Plaza Parking Lot) EARLY WORK PERFORMANCE AGREEMENT THIS EARLY WORK PERFORMANCE AGREEMENT entered into this +l day of Auqust, 2020 , between Creekside Tollqate, LLC hereinafler 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 to ensure compliance with the Early Work Regulations and Early Work Authorization Permit No. 20200001441 lhe "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 $12!!9& 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 notification 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 Eady Work, therewith specifying those conditions which Developer must fulfill in order to obtain the County Manager's approval of the Early Work. \ 1 2 3 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 caLlse to be constructed or maintained, pursuant topublic advertisement and receipt and acceptance of bids, the Early Work. The Developer, as principar under the early performance security, shati be liable topay and to indemnify the Board, upon completion of such construction. the final total cost to the Board thereof, incruding, but not rimited to, engineering, legal and 4. t o. 16.A.8.b Packet Pg. 632 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot) 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. 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 Developer have caused this Agreement to be executed by their duly authorized representatives this ll day ofAuqust. 2020. 'sryt;e@;;",,* (,..-'-D ),,, Js.,,,^ SIGNED IN THE PRESENCE OF: Creekside Tollgate, LLC By Barron Collier Management, LLC It's Manager By: Brian Goguen, Chief O ng Officer Provide Proper Evidence of Authority) BOARD OF COT,NTY COMMISSIONERS OF CO CO LORIDA By a as designee ofthe County Manager pursuant to Resolution No. 2015- 162 Printed Name M^/.[,^" R,.L. ATTEST: Crystal K. Kinzel, CLERK By: Clerk ofthe Circuit Court & Comptroller Collier County, Florida and legality: kD.rry Assistant County Attorney 7. Printed Name Sign: v,/r(,4/,- .1 16.A.8.b Packet Pg. 633 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot) €x t+ t tt 17' ,fr Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2440 RECEIPT OF PAYMENT Payment Details: FEE DETAILS: Fee Descriotion Refundable Bonds Cashier Name: Batch Number: Entered By: 2020767440 2020-066728 08/ 19/2020 $17,800.00 Pavment Method Check Reference Number PL20200001447 Amount Paid $ 17,800.00 Check Number 001005 $17,800.00 $0.00 CREEKSIDE TOLLGATE LLC 2600 GOLDEN GATE PKWAY NAPIES, FL 34105 O rioinal Fee $ 17,8 0 0.0 0 Amount Pa id $ 17,8 0 0.00 GL Account 670-000000-220113 Alina Ha rris 9422 monroig_i Receipt Number: Transaction Number: Date Paid: Amount Due: Amount Pa id: Change ,/ Overage: Contact: 16.A.8.b Packet Pg. 634 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot) v A]VI IJN DED N N D RF]S'I'A'TI]D SI'ATENIENT ()F AU'TI,IOR ITY O F IIARRON COLLIER MANAclitvlENT. LLC Pursuan( to Scction 605.0102(2), Florida Statutes. this Iimitcd liability cornpan),(the "Compan;-") subrnits the tbllorving anre nded and restated state nlent of authorit;-: 'l'his anrended and restated stalernent ol authoritl' amends and rcstates, in its entirety, that ccrtain statement ofauthority filed by the Conrpanv on Dccember I8. 201.1 rvith the Florida Secretary ol Statc (H 1400029?086 3). t'l RS'l': l'he nanre of the Companf is Barron Collier Managemcnt. LLC. SECONI): 'l'hc Compan.,- was registered rvith thc Florida Depanmcnt o1'State of Decenrber 3. l0l4 and assigned docunrcnt numbcr L14000185495, 'I'l{lRD: 'l'hc street and ntailing address ol'the Conrpany's princrpal ol'fice is: 2600 Golden Cate l)arkrvav Naples. I;l- 34105 !'OURTI'|: This anr.'nded and restatcd stntenrent ol authority shall bc deenred ell'ective as ol datc it is filcd with the florida Secretarv ol'State. l'11-Tll: This anrended and restatcd statement ofauthority follo*'ing officers. acting together. authority ro execute an1'dced. promi mongagc, securitl, agrecment. loan agreement, guaranty agreenrent and amcndment or supplenrcnt thcrcto. on behalfofthe Cornpanf including. capacitl' as a General Partncr of Barron Collier Panncrship. LLLP or in N'tanager or Authorized r\gent lbr one or morc other entities: grants anv two (2) of thc ssory note. bond. an1'modification. but not linrited<0. in irsI>::- @rls caDacltv asnte-.r:: =i' Nanrc: Position: Address: Namc: Position: Address: Namc: Position: Address: Barron C. Collicr, lll Dircctor 2600 Golden Gate Parkway Naples, FL 3.1105 Illake (iable Prcsidcnt 2600 Golden Cate Parkrvay Naples. Fl- 34105 David Censon Senior Vicc Presidenr 2600 Golden Cate l)arkrva1, Naples. FL 34105 "i'1 O -;,i!- Ocl -n FJ= FJ '-lrl =oq F -J 16.A.8.b Packet Pg. 635 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot) SIX'l'H: 'l'lris statcment ol authority grants anv one (l) ol'rhe lbllorving officers. acting alonc. authorily lo eliecute snY contracl. irgrceluent. ilrstrument or docunrent. othcr thatr those rcferrcd to in Pmagraph Fifth above. on lrchall'of the Companr,: Nanre: IJanon G. Clollier. III Position: l)irector Addrr'ss: 2600 Colden Catc I'arkwa1.' Naples. FL 34 105 Naruc: Position Addrcss Narrrc: Positiorr: ..\ddress: Nf,antc: l'osition: r\tldress: Nanrc: Posit io n: Addrr"ss: Nrartrc: Position: Addrcss: Nan:c: Position: r\ddress: Ilrian Gogur.rr Chiet' Opcruting Ofticer 2600 Colden Cate Parkrvay Naples. FL 34 lt)5 lJradlev A. Boltz- Chicf Financial Otlicc'r 260() Goldcn Crte Parku'ay Naples. l:1" i4 I05 lllake Gablc Pres idcnt 2600 Golden Gale l'arku,uv Naples. IrL -1-l 105 Duvid Censon Senior Vicc l'rcsidr'nt 2600 Colden Cate Parkrvav Naples. FL 3{ 105 Brian (iogucn Chiel Operating Olficer 2600 Golden Cate Parkrval' Naples. Fl- 3,1I 05 Bradley r\. Boaz. Chief Financial Olllcer 2600 (iolden Calc l'arkrval' Naples. FI- 34105 i.t:- o C?, Pa?51l i.'-' r{ (' fi..,. N) rn!4":. 2 'C2,. '^-' d\ Z;;,, a Signetl rhis -2 / rlal of r\ugust, 201 8 ac Cecil. Chairman of the lltrard 16.A.8.b Packet Pg. 636 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot) Detail by Entity Name F onda Deoarhent of Stale Page I of2 DLvrsroN oF CoRPoRATloNs ,#*,I)tvLtt-ti ul Cr-t:ryc-tyivly-tl', .---. peoanmenr or Siate / 0!Ei9!_9tl:9rpqe!i9!l / Se!@Be!9(ls / S.94rd_brldl!134c / Detail by Entity Name Florida Limited Liability Company CREEKSIDE TOLLGATE, LLC Filino lnformation Document Number L2O0OO127O20 FEUEIN Number NONE Date Filed O5l14l2O2O E fective Date 0511412020 State FL Status ACTIVE Princioal Addr€ss 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Mailino Address 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Reoistered Aqent Name & Address COLEMAN, YOVANOVICH & KOESTER, P,A, 4OO1 TAMIAMI TRAIL NORTH. SUITE 3OO NAPLES. FL 34103 Authorized PorsonlsI Oetail Name & Address Title MGR BARRON COLLIER MANAGEMENT, LLC 2600 GOLOEN GATE PARKWAY NAPLES, FL 34105 Annual Reoorts No Annual Reports Filed Documenl lmaogs 05/14/2020 - Ftorida Lrmiled Liabiliiv v€w mage rn POF lomat http://search.sunbiz.org/Inquiry/corporationSearch/SearchResultDetail?inquirytype:Entity... 812012020 16.A.8.b Packet Pg. 637 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot) OPERATING AGREEMENT OF CREEKSIDE TOLLGATE, LLC a Florida Limited Liability Company ARTICLE I a The name ofthe Company is Creekside Tollgate, LLC. b. The principal place of business of the Company shall be 2600 Golden Gate Parlrway, Naples, FL 34105. The specified office of the Company at which shall be kept the records required to be maintained by the Company under the Florida Limited Liability Company Act ("Act") shall be 2600 Golden Gatc Parkway, Naples, FL 34f05. Section 2. Business of the Company The purpose of the Company shall be to acquire, own, hold, lease, operate, manage and maintain one or more real estate projects, and to engage in any lawful act or activity and to exercise any powers permitted to limited liability companies organized under the laws of Florida that are related or incidental to and necessary, convenient or advisable for the accomplishment ofthe above mentioned purposes. ARTICLE II OPERATION OF THE COMPANY Section 1. Members. Creekside Wes t, Inc., a Florida corporation ("Creekside"), shall be the sole Member of the Company Section 2. Membership Interests. The ownershi p interests shall be expressed as a percentage of all membership interests in the Company at any particular time ("Membership Interests"). Creekside, shall be the sole Member and shall own one hundred percent (10tr/d of the Membership Interests of the Company. Section 3. Manaqer. Except as otherwise expressly provided in this Agreement, the ordinary and usual decisions conceming the business affairs of the company sha[ be made by the Manager. There shall initially be one (1) Manager; however, the number of Managers may be increased or decreased but only upon the written consent ofthe Member. The Manager shall be Barron Collier Management, LLC, a Florida limited Iiability company, and such manager can (subject the statement of Authority, defined below) sign for, act on behalf of, and bind the Company in conjunction with all ordinary and extraordinary activities ofthe Company including, without limitation: (a) the company's day-to-day business operations, (b) selling or leasing all or substantially all of the company's assets, (c) borrowing money on behalf Jf the coipany, and/or (d) mortgaging all or substantially alr of the company's real and/or personal proi".y. The act of the Manager for the purpose of carrying on the business or affairs of the c;;;;ny,including the exercise ofthe authority indicated in this Section 3, shall bind tn" compuny aiJ noperson or entity dealing with the company sha have any obligation to inquire into tt" io*". o.authority of a Manager acting on behalf of the company p.orid"d ttrat tt " .eqri.ite ",lrl". "r OFFICE AND PURI'OSE Section 1. Name and Office of the Company. 16.A.8.b Packet Pg. 638 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot) officer signatories are obtained for taking such action on behalfofthe Manager, in its capacity as Manager of the Company, as required pursuant to that certain Statement of Authority of Barron Collier Management, LLC file with the Florida Secretary of State on October 22, 2018 and recorded in Official Records Book 5577, page 0124 of the public records of Collier County, Florida, as the same may be amended by the Manager from time to time (the "Statement of Authority"). Section 4. Other Business. The Member and the Manager, may engage and/or possess an interest in other business ventures of any nature and description, independently or with others, whether or not in competition with the Company, and neither the Company nor any of the Member shall have any right in or to any independent venture or to any income or profit derived therefrom. Neither the Member nor the Manager shall be obligated to present any particular investment opportunity to the Company, even if such opportunity, if presented to the Company, could be taken by the Company. Section 6. Company Books and Records: Disregarded Entitv. The Manager shall be responsible for maintaining the books and records ofthe Company. The Manager shall comply with all Internal Revenue Service rules and regulations. The books ofthe Company shall be kept on a tax basis of accounting. In accordance with Treasury Regulation $301.7701-(3)(b)(l), the Company is a disregarded entity for Federal income tax purposes and no separate income tax return is required so long as the Company remains a single- member entity. Section 7. Distributions. Any and all cash available for distributions to the Member shall be allocated and distributed to the Member from time to time, as the Manager determines that such cash is available for distribution. ARTICLE III MISCELLANEOUS PROVISIONS Section I . Amendment This Operating Agreement may only be amended with the written consent of the Member Section 2. Resist ered Agent . The Manager may in its discretion select any person to be the Registered Agent ofthe Company. The Registered Agent need not be a Member. Section 3. cap!iq$. Captions contained in this operating Agreement are inserted only as a matter of convenience and in no way define, limit, extend or describe the scope of the Operating Agreement or the intent of any provision hereof. Section 4. Entire Agreement. This operating Agreement ("operating Agreement,') embodies the entire operating agreement and regulations and understanding ofthe vfJmber and Manager with respect to the subject matter hereof, and supersedes all prior agreements and Creekside Tollgate, LLC Operating Agreement 2 of 3 Section 5. Meetinqs. The Company and the Member shall not be obligated to hold any meetings, except as specifically set forth hereunder. In no event shall the Company be required to hold an annual meeting. Special Meetings of the Member and Manager shall be held when called for by the Manager or when requested in writing by the Member. Such Special Meeting may be held informally by telephone or in person. 16.A.8.b Packet Pg. 639 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot) understandings of the N4ember and Manager related to the subject matter hereof. No amendment, modification, termination or waiver of any provision of this Operating Agreement shall be effective unless the same shall be adopted as set forth hercin in writing. Section 5. Coveming Law. This Operating Agreement and the rights and liabilities of the Member shall be determined in accordance with the laws of the State of Florida. Venue for any dispute arising under this Operating Agreement shall lie in a Court of competent jurisdiction in Collier County, Florida. Section 6. Interprelation and Severability. l'he provisions of this Operating Agreement shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and intent of the parties hereto, but if for any reason any provision hereof is determined to be unenforceable or invalid, such provision or part thereof determined to be unenforceable or invalid shall be deemed severed from this Operating Agreement and the remaining provisions shall be canied out with the same force and effect as if the severed provision or part thereofhad not been made part of this Operating Agreement. Section 7. Successors. Subject to the limits ol transferabilif contained herein, any and all of the covenants, terms, provisions and agreements herein conlained shall be binding upon and inure to the benefit ofthe successors, heirs and assigns ofthe respective parties. Section 8. Notices. Any notice, payment, demand, consent or communication required or permitted to be given by this Operating Agreement shall be in writing and shall be deemed to have been sufficiently given or served for all purposes if (i) delivered personally to the Member, or (ii) sent by registered or certified mail, postage and charges prepaid, addressed to the address contained in the records of the Company. Any such notice shall be deemed to be given on the dare on which it was delivered personally or deposited in a regularly maintained receptacle for the deposit of United States mail, addressed to the Florida registered agent of the recipient, as reflected on the Florida Secretary of State's website at the time such notice is given. IN WITNESS WHEREOF, the Member and Company have executed this Agreement as ofthe 29th day ofMay,2020. MEMBER:COMPANY: Creekside West, Inc., a Florida corporation By: Baron Collier Management, LLC Its: Authdrized Asent / :,-) By: Barron Collier Management, LLC Its: Manager By:UL/ Creckside Tollgate, LLC Operating Agreement 3 of3 Bv id Genson, S.V.P.Brian Goguen, C Creekside Toltgate, LLC, a Florida limited liability company 16.A.8.b Packet Pg. 640 Attachment: Bond Basis (15013 : EWA Bond Release - Tollgate Plaza Parking Lot)