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Agenda 09/13/2022 Item #16A 6 (Final Acceptance Carl's White Glove Personal Storage)09/13/2022 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the potable water facilities for Carl’s White Glove Personal Storage, PL20200002189, accept the conveyance of a portion of the potable water facilities, and authorize the County Manager, or designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $10,390.10 to the Project Engineer or the Developer’s designated agent. OBJECTIVE: To have the Board of County Commissioners, as Ex-Officio Governing Board of the Collier County Water-Sewer District, approve final acceptance of the potable water facilities, accept the conveyance of a portion of the potable water facilities, and to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $10,390.10, in accordance with the Collier County Utility Standards and Procedures, Ordinance No. 2004-31. CONSIDERATIONS: 1) The Developer of Carl’s White Glove Personal Storage, has constructed the potable water facilities within dedicated easements to serve this private development (see attached location map). A portion of the potable water facilities was offered for conveyance to the County, as described in Official Records (O.R.) Book 6154, Page (PG) 515, together with appurtenant Deed of Utility Easement recorded in O.R. Book 5880, PG 2005, of the Public Records of Collier County, Florida. The remaining potable water and all sewer facilities will be private. 2) Preliminary acceptance of these utility facilities was approved by the Development Review staff on January 20, 2021. At that time, the value of these potable water facilities (assets) was $5,565.49. (See attached asset sheet). 3) Staff recorded all preliminary acceptance documents associated with the potable water facilities conveyed to the County in the public records of Collier County, which were reviewed and approved by the County Attorney’s office as to form and legality. The County acquired its interest in a portion of the potable water facilities by Utilities Facilities Warranty Deed and Bill of Sale recorded in O.R. Book 6154, at PG 515 (“the Utilities Facilities Deed”), together with appurtenant Deed of Utility Easement recorded in O.R. Book 5880, at PG 2005, of the Public Records of Collier County, Florida. 4) The potable water utility facilities have been operated and maintained during the required one (1) year warranty period, following preliminary acceptance. 5) A final inspection to discover defects in materials and workmanship was conducted by staff on August 2, 2022, in coordination with Public Utilities, and these facilities have been found to be satisfactory and acceptable. 6) The on-site potable water and sewer utilities, less the potable water utilities described in O.R. Book 6154, PG 515, are owned and maintained by the developer. 7) Staff recommends final acceptance of the subject utility facilities and to release the Utility Performance Security (UPS) and Final Obligation Bond in the total amount of $10,390.10. (See attached Exhibit A). Staff also recommends acceptance of the Utilities Facilities Deed and the facilities described therein. 16.A.6 Packet Pg. 465 09/13/2022 8) This final acceptance is in accordance with Collier County, Ordinance No. 2004-31, as amended. 9) Staff is unaware of any issues that would serve to negate the recommendation to release the applicable security. FISCAL IMPACT: Approval of this Executive Summary will result in the Collier County Water-Sewer District receiving title to a portion of the potable water utility facilities, which at the time of preliminary acceptance, had a total gross value of $5,565.49 (no depreciation applied) and an asset will be recorded in the financial records of the county. 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. -DDP RECOMMENDATION: To approve final acceptance of the potable water facilities for Carl’s White Glove Personal Storage, PL20200002189, accept the conveyance of the Utilities Facilities Deed and the facilities described therein, and to authorize the County Manager, or designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $10,390.10 to the Project Engineer or the Developer’s designated agent. Prepared by: Lucia S. Martin, Associate Project Manager, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Exhibit A (PDF) 3. Assets Sheet (PDF) 4. Warranty Deed and Bill of Sale (PDF) 5. Deed of Utility Easement (PDF) 16.A.6 Packet Pg. 466 09/13/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6 Doc ID: 22980 Item Summary: Recommendation to approve final acceptance of the potable water facilities for Carl’s White Glove Personal Storage, PL20200002189, accept the conveyance of a portion of the potable water facilities, and authorize the County Manager, or designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $10,390.10 to the Project Engineer or the Developer’s designated agent. Meeting Date: 09/13/2022 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 08/04/2022 3:11 PM Submitted by: Title: Environmental Specialist – Growth Management Department Name: Jaime Cook 08/04/2022 3:11 PM Approved By: Review: Growth Management Development Review Lucia Martin Additional Reviewer Skipped 08/04/2022 3:11 PM Water Pamela Libby Additional Reviewer Completed 08/04/2022 3:33 PM Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 08/04/2022 3:45 PM Water Howard Brogdon Additional Reviewer Completed 08/05/2022 7:19 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/08/2022 9:12 AM Growth Management Department Jaime Cook Additional Reviewer Completed 08/08/2022 10:09 AM Public Utilities Planning and Project Management Craig Pajer Additional Reviewer Completed 08/14/2022 8:52 PM Growth Management Department Diane Lynch Growth Management Department Completed 08/15/2022 5:18 PM Growth Management Department Jeanne Marcella Transportation Skipped 08/09/2022 8:21 AM Growth Management Department James C French Growth Management Completed 08/15/2022 10:34 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/16/2022 8:52 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/17/2022 9:13 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/17/2022 11:09 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/17/2022 3:20 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/01/2022 4:35 PM 16.A.6 Packet Pg. 467 09/13/2022 Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM 16.A.6 Packet Pg. 468 CARL’S WHITE GLOVE PERSONAL STORAGE LOCATION MAP 16.A.6.a Packet Pg. 469 Attachment: Location Map (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) Exhibit A Utilities Performance Security (UPS) and Final Obligation Bond Amount Receipt Number 10% UPS Bond $6,390.10 SU1140739 Final Obligation Bond $4,000 2021806121 Total Amount $10,390.10 The 10% UPS Bond, if applicable, is based on the total amount of the water and/or sewer utilities being installed for the whole project which includes material and labor. The contributory assets reflect the cost of materials, not labor and are based on the assets of which the county will be owning and maintaining. Final Obligation Bond, if applicable, in accordance with Utility Ordinance 2004-31 Attachments: 1. Verification of Final Cost 2. Receipt of Payment 16.A.6.b Packet Pg. 470 Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 471Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) , Form 2 - Rev. 2004 (Utilities Performance Bond) Bond No. SU1140739 UTILITIES PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Carl's White Glove Personal Storage, LLC (a Florida limited liability company) 13180 Livingston Road, Suite 206, Naples, FL 34109 (hereinafter referred to as "Owner", and Arch lnsurance Company 2345 Grand Boulevard Suite 900, Kansas City, MO 64108 (hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida, (hereinafter called "County"), in the total aggregate penal sum of Six Thousand Three Hundred Ninety and 10/100 Dollars ($6,390.10) 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 entered into a certain Utilities System Construction Contract, dated the Zt day of 3i2tr[^141_, 20 rl_, a copy of which is hereto attached and made apart hereof; and WHEREAS the County has a material interest in the performance of said Contract; and WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land Development Regulations") concerning the Owner's obligations to the County regarding the construction, conveyance and warranty of potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof constructed within the unincorporated area of Collier County; NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties to the County under said Land Development Regulations and all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the guaranty period established by the County, and thereafter, and if the Owner shall satisff all claims and demands incurred under such contract, and shall fully indemnif and save harmless the County 1 16.A.6.b Packet Pg. 472 Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) , from all costs and damages which it may suffer by reason of 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 or addition to the terms of the contract or to work to be performed thereunder, or the specifications accompanying same shall in any way affect its obligation on this Bond, and does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than twenty percent (20%), so as to bind the Owner and the Surety to the full and faithful performance of the contract as so amended. The term "Amendment", wherever used in this bond, and whether referring to this bond, the Contract or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executedthis {dayof Jr 202L. Carl's White Glove Personal Storage, LLC By ?-Ulilr{\ tt<)Jy- Rachel M. Keller, Manager Witness 1: Name Witness 2 2 Name 16.A.6.b Packet Pg. 473 Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) SUBSCRIBED AND SWORN to before me in my physical presence this { day of Jauuary , 20A, by Rachel M. Keller, the Manager of Carl's White Glove Personal StoradLC, a Florida limited liability company, who is Personally known to me u, / OR produced identification -. Type of Identification Produced My Commi Printed, Typed or Stamped Name of Notary SURETY: Arch lnsurance Company By William Griffin, Attorney-In- Fact Witness l: S 1-- -1t/" Name:% rre- TSlo( Witness 2: Name:b.Grt tttl les SUBSCRIBED AND SWORN to before me in my physical presence this { day of January 20A, by William Griffin, the Attomey-In-Fact of Arch Insurance Company, a corporation organized and existing under laws of the State of Missouri who is Personally known to me u V OR produced identification -. Type of Identification Produced wuil s t{Tl^co NffirY tublic, $il o, tldio uv Cominlr*n Erp. t{a, 16 2(Pl' No. GG l0t60l Notary Public My Commission Expires: =,,ffi LIN K LI Public-Sta oC DN SANotaryoItcF miCom *ssron G(J 905960 M ComY mrss on Ex ires 12 02 2 p 3 Printed, Typed or Stamped Name of Notary 3 Axzzz 16.A.6.b Packet Pg. 474 Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) , NOTE: Collier County shall not accept any Letters of Credit that cannot be presented in Florida. Prepared by: Joseph L. Lindsay 13180 Livingston Road, Suite 206 Naples, FL 34109 4 16.A.6.b Packet Pg. 475 Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) Arc 0000283927 THIS POWER OF ATTORNEY'S ilOT VALID UNLESS 'T'S PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no euthority to bind the Company except in the manner and to the extent herein stated, Not valid for Note, Loan, Letter of Credit, Currency Rate, lnterest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch lnsurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Michael Marino, Vivian Santiago and William Griffin Miami, FL (EACH) its true and laMul Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninetv Million Dollars ($90.000.000.00). This authority does not permit the same obligation to be split into two or more bonds ln order to bring each such bond within the dollar limit of authority as set forth herein. The executisn of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, es if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15,2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15,2011 VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice president, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and cedfications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15,2011 , and any such power so executed, sealed and certified with respect to any bond or undertaking to which it Company is attached, shall continue to be valid and binding upon the . 00M10013 00 03 03 PaiSe 1ct ?-Printed in U.S.A. 16.A.6.b Packet Pg. 476 Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) Arc 0000283927 ln Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this ffl day of J!ly, 2019. Attested and Certified Arch lnsu.ance Company ,1A David M tein, Executive Vice President h!-,t-.-- ./; 0 a Patrick K. Nails, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch lnsurance - Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 ichel Tri i, Notary Publ My com ission expires 07/31 021 CERTIFICATION l, Patrick K. Nails, Secretary of the Arch lnsurance Company, do hereby certity that the attached Power of Attorney dated JgLy-LZ.2Ql9 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch lnsurance Company. lN TESTIMONY WHEREOF, I have h this l-th dav of J-on..,nt ereunto subscribed my name and afflxed the corporate seal of the Arch lnsurance Company on 202L. Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: 9-o <: n! 1c 00 03 03 Errrii eii:* arali BX l ! E t\,{100!d00 6 n q tt{atn lbrgud CO t1, lfir x()TArl^L $rt ,.&lCU llrffl, llory, hlrk rra- - Page 2 of 2 Printed in U.S.A set forth. Michele a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the names are respeclively AS Secretary and Executive 'V1ce 'Rdsident the Arch lnsurance Company, a and ex sting under the laws of the State of Missouri,instrument, appeared before me and being thereunto duly with the corporate seal and of said corporation voluntary acts for the uses and 9 16.A.6.b Packet Pg. 477 Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 478Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 479Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 480Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 481Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 482Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 483Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 484Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 485Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 486Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 487Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 488Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 489Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 490Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 491Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 492Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 493Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 494Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.bPacket Pg. 495Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number:2021806121 Transaction Number:2021-004054 Date Paid:01/15/2021 Amount Due:$4,000.00 Payment Details:Payment Method Amount Paid Check Number Check $4,000.00 1052 Amount Paid:$4,000.00 Change / Overage:$0.00 Contact:CARL'S WHITE GLOVE PERSONAL STORAGE LLC 700 W LAKE DR NAPLES, FL 34102 FEE DETAILS: Fee Description Reference Number Original Fee Amount Paid GL Account Utility Performance Refundable Bond PL20200002189 $4,000.00 $4,000.00 670-000000-220113 Cashier Name:AlinaHarris Batch Number:9763 Entered By: ValerieKullick 16.A.6.b Packet Pg. 496 Attachment: Exhibit A (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 225,565.4916.A.6.cPacket Pg. 497Attachment: Assets Sheet (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.d Packet Pg. 498 Attachment: Warranty Deed and Bill of Sale (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.d Packet Pg. 499 Attachment: Warranty Deed and Bill of Sale (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.d Packet Pg. 500 Attachment: Warranty Deed and Bill of Sale (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.d Packet Pg. 501 Attachment: Warranty Deed and Bill of Sale (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.e Packet Pg. 502 Attachment: Deed of Utility Easement (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.e Packet Pg. 503 Attachment: Deed of Utility Easement (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage) 16.A.6.e Packet Pg. 504 Attachment: Deed of Utility Easement (22980 : Final Acceptance of Utilities - Carl's White Glove Personal Storage)