Agenda 03/23/2021 Item #16A10 Performance Bond Release - Tree Farm)03/23/2021
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$54,000 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20200000742) for work associated with Tree Farm.
_____________________________________________________________________________________
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 Tree Farm PPL, (PL20180003592). On December 8,
2020, 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 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
$54,000. 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.10
Packet Pg. 653
03/23/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 15020
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $54,000 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20200001503) for work associated with Tree Farm.
Meeting Date: 03/23/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
02/10/2021 2:11 PM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
02/10/2021 2:11 PM
Approved By:
Review:
Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 02/10/2021 2:56 PM
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 02/10/2021 4:18 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/11/2021 12:46 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/19/2021 12:25 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 02/19/2021 1:45 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/21/2021 12:38 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 02/22/2021 8:33 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 02/22/2021 9:58 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/24/2021 10:16 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/11/2021 3:06 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/12/2021 9:43 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/23/2021 9:00 AM
16.A.10
Packet Pg. 654
TREE FARM
LOCATION MAP
16.A.10.a
Packet Pg. 655 Attachment: Location Map (15020 : EWA Bond Release - Tree Farm)
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this 18th day
of August , 2020 between WPPI Naples TF, 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.B
(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. PL20200000742 (the "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:
1.Developer agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work").
2.Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $54,000.00.
3.In 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.
4.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.
5.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 Early Work, therewith specifying those
conditions which Developer must fulfill in order to obtain the County Manager's
approval of the Early Work.
6.In 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 cause to be constructed or maintained, pursuant to
public advertisement and receipt and acceptance of bids, the Early Work. The
Develo�er, as �rincipal under the early 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
16.A.10.b
Packet Pg. 656 Attachment: Bond Basis (15020 : EWA Bond Release - Tree Farm)
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.
IN WITNESS WHEREOF, the Board and Develop�r have caused t
executed by their duly authorized representatives this \ 8-\iA. day of -�-------
2020 _.
ATTEST:
Crystal K. Kinzel, CLERK
By: ---------
CI erk of the Circuit Court & Comptroller
Collier County, Florida
�proved as to form and legality:
JJ__,UUc_ l>_ ��� Derek .D,. Pe rh
Assistant County Attorney
WPPI Naples TF, LLC
a Delaware limited liability company
By: WPPI/WL Tree Farm, LLC
a Delaware limited liability company
Its: sole member
By: WPPI/HS Naples TF Investment, LLC, a
Delaware limited liability company,
Its: Operating Member
By: WMB Corp., an Indiana corporation,
Its: Mana
BOARD OF COUNTY COMMISSIONERS
OF C�R c9uN�ORIDA
By:��•//L�/J/t.q,ifp'7"' /�c., (.eb.,,, as designee of the County Manager
pursuant to Resolution No. 2015-162
16.A.10.b
Packet Pg. 657 Attachment: Bond Basis (15020 : EWA Bond Release - Tree Farm)
Exhibit "A"
Bond No. 20176307
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
KNOW ALL PERSONS BY THESE PRESENTS: that
{hereinafter referred to as "Owner") and
WPPI Naples TF, LLC
9800 Connecticut Drive
Crown Point, IN 46307
(219} 757-3727
The Guarantee Company of North America USA
One Town Square, Suite 1470
Southfield, Ml 48076
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, {hereinafter
referred to as "County") in the total aggregate sum of Fiftv-Four Thousand Dollars ($54,000.00) 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 a certain Early Work Authorization Permit No. PL20200000742 and that certain Early Work
Authorization 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 completion of the work and approval by the
County of the specific improvements described in the Land Development Regulations, or until issuance of
a subsequent final development order such as an Site Development Plan (SOP) or Subdivision Plat and
Plans (PPL) (hereinafter the "Guaranty Period")or until replaced by a new bond in the event of a change in
Ownership.
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 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 29th day of October, 2020.
16.A.10.b
Packet Pg. 658 Attachment: Bond Basis (15020 : EWA Bond Release - Tree Farm)
WITNESSES: uL/4 �
STATE OF Flor, 64COUNTY OF �c�· o�l l�,t'�C ___ _
. \
Exhibit "A"
WPPI Naples TF, LLC a Delaware limited liability company
By: WPPI/WL Tree Farm, LLC a Delaware limited liability company Its: sole member By: WPPI/HS Naples TF Investment, LLC, a Delaware limited liability company, Its: Operating Member By: WMB Corp. n Indiana corporation, Its: Manager
ACKNOWLEDGEMENT
THF_/nREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFO ifpHYSICAL PRESENCE OR OOLINE NOTARIZATION THIS 13 "' DAY OF t-'2020, BYJ.MATT CHAMBERS AS TREASURER OF WMB CORP., an INDIANA CORP RATION WHO ISPERSONALLY KNOWN TO ME, OR HAS PRODUCED OF � ___ AS IDENTIFICATION.
De.(\: <Y L1 Gev'\SL
Nota Public -State of fl o i..l � l'.A...
WITNESSES:
A�M�Q m&Ck,
Printed Name
Cbarl�Q S 1 �-p)cA
Charlene Simpson
Printed Name
ACKNOWLEDGMENT
KIM 0. DAVIDSON
�laty P,Jtiic -Slate of � da Comm.'ssioll # GG 154 782 My Comm. Ex�res Feb 19, 2022
&med mugh Nalialal � Assn.
(SEAL}
16.A.10.b
Packet Pg. 659 Attachment: Bond Basis (15020 : EWA Bond Release - Tree Farm)
STATE OF INDIANA
COUNTY OF MARION
Exhibit "A"
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
PHYSICAL PRESENCE OR ONLINE NOTARIZATION THIS 29 TH DAY OF OCTOBER, 2020, BY
KEITH CORDER AS ATTORNEY-IN-FACT OF THE GUARANTEE COMPANY OF NORTH AMERICA
USA WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED OF _______ AS
IDENTIFICATION.
Notary Public -State of Indiana
ROBIN L. YOUNG Notary Public, State of Indiana
SEAL
Commission Number 0645033 My Commission Expires June 10, 2021
(SEAL)
16.A.10.b
Packet Pg. 660 Attachment: Bond Basis (15020 : EWA Bond Release - Tree Farm)
THE GUARANTEE ®The Guarantee Company of North America USA
Southfield, Michigan
POWER OF ATTORNEY
NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Keith Corder, Daniel C. Appel, Kathleen T. DeVito, Robin Young, Andrew Appel
Gregory & Appel, Inc.
its true and lawful attorney(s}-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory in the nature thereof, which are or may be allowed, required or pennitted by law, statute, rule, regulation, contract or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA
as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal
office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1.To appoint Attorney(s)-in-fact. and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts
required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation
making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the
Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -Department
of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 1st day of March, 2018.
STATE OF MICHIGAN
County of Oakland
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary
On this 1st day of March, 2018 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said
Company.
Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
My Commission Expires February 27, 2024
Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
I, Randall Musselman, Secretary of THE GU�ANTEE COMPAtfr,QF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by T � G1JARA TEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. J' .... ,\i' ,� }l'f"j;! � I IN WITNESS WHEREOF, ���eµnto sef.ln�
1
•��d and atta_ched the seal of said Company this 29th day of October
;;' ({ ....,�._ ,,,,._ {t,_ w r-' � ·�· "i,' ,<; ! � .. · / ,;;;-.�, ', ?-�
f -"- '/ / .-<, .. :'-1-\1'.. ,81 $ i!, � "), � (" c?f j
�I" r.,,,. ,,_ ..,.�,.r ;,-�--t()-, , ' • I . ""'• � �� .. , .. p� •' • '4.! ( i1 l),i •1 _": r ,.• �,.�� ,. ___ ... -.,;.� . w'"' \)_.,_,,;.... . .. -I
Randall Musselman, Secretary
2020
16.A.10.b
Packet Pg. 661 Attachment: Bond Basis (15020 : EWA Bond Release - Tree Farm)
CERTIFICATE OF INCUMBENCY
I, Jason S. Weisler, hereby certify to you that I am the duly elected and qualified Secretary of
WMB Corp, an Indiana corporation (the "Company'"), and that, as such, I am authorized to execute
this Certificate on behalf of the Company, and I further certify that the persons na med below are
duly elected, qualified and acting officers of the Company, holding the offices set forth below at
the date hereof and that the specimen signature opposite each officer's name is the true and genuine
signature of such officer.
Name Specimen Signature Office
J.Matthew Chambers (}lt Treasurer
Jason S. Weisler �f1'M--Secretary I/
l further certify that the Company is the Manager of WPPl/HS Naples TF Investment, LLC
("WPPI/HS"), and that WPPI/HS is the Operating Member of WPPI/WL Tree Farm, LLC
("WPPI/WL"), and that WPPI/WL is the Sole Member of WPPJ Naples TF, LLC (the "Property
Owner"), and that J. Matthew Chambers is authorized as the Treasurer of the Company and on
behalf of the Company in its capacity as the Manager of the Operating Member of the Sole Member
of the Property Owner to execute and deliver any zoning applications, permit applications, permits,
bonds, plats, performance agreements (including without limitation Excavation Performance
Agreements) or other documents or agreements necessary or desirable for the Property Owner's
development or operation of the Property Owner's property located in Naples, Florida.
You may conclusively rely on this Certificate until fonnally advised by a like certificate of
any changes herein.
IN WITNESS WHEREOF, I have hereunto affixed my signature effective as of this 31 st
day of August, 2020.
/ /'M__ fsoo S. Weisler, Secretary
I, J. Matthew Chambers, hereby certify to you that I am the duly elected and qualified Treasurer
of the Company, and further certify that the specimen signature opposite Jason S. Weisler's name
is the true and genuine signature of such Jason S. Weisler.
J.Matthew Chambers, Treasurer
Z:\Legal\ WPP) Legall WPPJ\l'rojccts\Naples Tree Fnrm\WPl'J Naples TF. LLC\Certificatc of Incumbency County 8-31-20.docx
16.A.10.b
Packet Pg. 662 Attachment: Bond Basis (15020 : EWA Bond Release - Tree Farm)