Agenda 10/25/2022 Item #16F1 (To release a security which was posted as a development guaranty)10/25/2022
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $184,500
which was posted as a guaranty for Excavation Permit Number PL20200000738 for work associated with
Tree Farm.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively as
guaranties 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 Performance Bond was posted as security for an Excavation Permit
associated with Tree Farm. The As-Built lake cross sections have been received and the lake has been inspected on
September 8, 2022 by the Development Review Division.
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. - DDP
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the amount of
$184,500. 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: Lucia S. Martin, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.F.1
Packet Pg. 1154
10/25/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.1
Doc ID: 23313
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $184,500 which was posted as a guaranty for Excavation Permit Number PL20200000738 for work associated
with Tree Farm.
Meeting Date: 10/25/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
09/09/2022 3:06 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
09/09/2022 3:06 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed
09/09/2022 3:17 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed
09/12/2022 7:30 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/21/2022 7:40 AM
Growth Management Department Diane Lynch Growth Management Department Completed 09/22/2022 7:05 PM
Growth Management Department Jaime Cook Division Director Completed 09/26/2022 5:17 PM
Growth Management Department Trinity Scott Transportation Skipped 09/12/2022 1:01 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/06/2022 9:53 AM
Growth Management Department James C French Growth Management Completed 10/07/2022 3:59 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/07/2022 4:06 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2022 3:36 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/14/2022 3:15 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 10/17/2022 9:11 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/25/2022 9:00 AM
16.F.1
Packet Pg. 1155
TREE FARM
LOCATION MAP
16.F.1.a
Packet Pg. 1156 Attachment: Location Map (23313 : Excavation Bond Release - Tree Farm)
EXCAVATION PERFORMANCE AGREEMENT
.. ..rd
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this .{ j day of
A L,r,t rV . 2o2o between \A/PPI Naples TF. LLC hereinafter referred to as "Developer," and the
rd of County Commissioners of Collier County, Florida, hereinafter refened to as the "Board"
WHEREAS, Developer has applied for an excavation permit in accordance with Sec{ion
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 Seclion 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. PL20200000738 (the
"Excavation 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 Excavation Regulations and the Excavation
Permit (the "Excavation Work").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereoD in the amount of $184.500.00.
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 satisfac{ory completion of the Excavation Work.
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.
ln the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the Coung 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,
puGuant 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
2
3
4
E
b
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is 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 conditions which Developer must futfill in order to obtain the
County Manage/s approval of the Excavation Work.
16.F.1.b
Packet Pg. 1157 Attachment: Bond Basis (23313 : Excavation Bond Release - Tree Farm)
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.
All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of Developer.
SIGNED N THE PRESENCE OF:VVPPI Naples TF, LLC
a Delaware limited liability company
S
7
lN WTNESS \ /FIEREOF, the Board and Developqr have caused this Agreement to be
executed by their duly authorized representatives this ;n vVay of Auoust , 2020.
Printed ame By: VVPPI/WL Tree Farm, LLC
a Delaware limited liability company
Its: sole member
By: WPPUHS Naples TF lnvestment, LLC, a
Delaware limited liability company,
Its: Operating Member
By: Vv lB Co ., an lndiana corporation,
Its: Manage
By
J, M Chambers, Treasurer
BOARD OF COUNTY COMMISSIONERS
ATTEST
Crystal K. Kinzel, CLERK
By
Clerk ofthe Circuit Court & Comptroller
Collier County, Florida
and legality
ere r?y
K'r- D ? ,-r
",. -\t,s[n A *hr-
e'int"o nr,'*j[ffi 1ffiLty4]
OF
By:
CO R COUN o ry
L l-&ia
as designee of the County Manager
pursuant to Resolution No- 2015-162
/ q./
Assistant County Attorney
16.F.1.b
Packet Pg. 1158 Attachment: Bond Basis (23313 : Excavation Bond Release - Tree Farm)
Exhibit "A"
Bond No. 20176306
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS, that
WPPI Naples TF, LLC
9800 Connecticut Drive
Crown Point, lN 46307
(hereinafter referred to as "Owner") and
The Guarantee Company of North America USA
One Town Square, Suite 1470
Southfleld, 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 One Hundred Eighty-Four Thousand Five Hundred
00/100 Dollars ($'184.500.00) in laMul 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 excavation permit no. PL20200000738 and that certain excavation permit 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 date of completion of the work and approval by the County
of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty
Period") or until replaced by a new bond in the event of a change of 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 separale 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.
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 'l3rh day of Auqust. 2020.
[1s LDS 01664/11s35OO/1]
16.F.1.b
Packet Pg. 1159 Attachment: Bond Basis (23313 : Excavation Bond Release - Tree Farm)
WITNESSES:
,|"/rL
,* D 17rJ.r,...-
Exhibit "A"
WPPI Naples TF, LLC
a Delaware limited liability company
OF
tFt
Th
By
-e"-)
Andrew Appel, Attorn \-tn-ract
Printed Name/Title
(Provide Proper Evidenct of Authority)
TION THIS Jd$ DAY
c{ U"rr, Pr i^,clcs'( F, LL
oai,. U("N+ AS IDENT
HO IS
C-o Lf,
t rd-
Printed Name fr,'[n;.1. ^. ?.'-1""
By: WPPI/WL Tree Farm, LLC
a Delaware limited liability company
Its: sole member
By: WPPI/HS Naples TF lnvestment, LLC, a
Delaware limited liability company,
Its: Operating Member
By: WMB Corp., an lndiana corporation,
C C/'.,.,,--f)O-oil.,t
Its: Manag er
By
J. Matth C
'ambers, Treasurer
ACKNOWLEDG EM ENT
STATE OF trlrri Je.-
COUNTY OF r,: I(,cr-
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
f] PHYSICAL PRESENCE OR E ONLINE NOTARIZA
printed Name a*",t 63ort I
20 ?-+> , BY J, ltt,tl'lr,* (ba,,,be:s ctlfi.usircr
PERSONALLY KNOWN TO ME, OR HAS PRODUCED OF
Notary Public - State of FI X J CL
(SEAL)
tedNameKri-D, D^-,5d,-rPri
Susan Hart
Printed Name
,,, .i1'.. t.
)
e Guarantee CompanyrAr''of North Ame
V,
{\
s),
b.
1
1,
'Kathleen T. DeVito
Printed Name
ffi K[,] 0.oAV]Dsoa{
blary PudE - Slale o1 tlcr da
Confliss$ I GG 151782
My C,ollm. trrct Feb 19,2022
Bddld i,,o$ fllnid Nolrl aee
[15-rDS-01664/1153600/11
WITNESSES:
)e>,^ "b.d-
16.F.1.b
Packet Pg. 1160 Attachment: Bond Basis (23313 : Excavation Bond Release - Tree Farm)
Exh ibit "A"
ACKNOWLEDGMENT
STATE OF INDIANA
COUNTY OF MARION
TFI,E FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE IVIE BY MEANS OFp eHvstcnl pRESENCE oR oNLtNE NorARtzATtoN THts 13rH DAy oF AUGUST, 2ozo, By.ANDREW APPEL AS ATTORNEY.IN-FACT OF THE GUARANTEE COMPANY OF NORTH AMERICA
USA WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED OF
IDENTIFICATION.
AS
Notary Public - State of lndiana
ROBIN L. YOUNG
Notary Public, State of lndiana
SEAL
Commission Number 0645033
My Commission Expires June 10, 202,1
(SEAL)x
Robin L. Young,Public
[1s-LDs-01564/11s3600/1]
16.F.1.b
Packet Pg. 1161 Attachment: Bond Basis (23313 : Excavation Bond Release - Tree Farm)
,HT The Guarantee Company of North America USA
Southfield, lvlichigan
ust 2020
GUARANTEE'
POWER OF ATTORNEY
(NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws ofthe
State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Andrew Appel, Daoiel C. Appel, K€ith Corde., Kathleen
T. Devito, Robin Young its true and lawfu I atto rney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and allbonds and undertakings,
contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation,
contract or otherwises
The execution of such instrument(s) in pursuance ofthese presents, shallbe as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully
and amply, to all intents and purposes, as ifthe same had been duly executed and acknowledged by its regularly elected officers at the principal office.
The Power of Attomey is executed and may be certified so, and may be revoked, pursuant to and by authority of Article lX, Section 9.03 ofthe By'Laws adopted
by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31 st 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 ofthe Company, and attach the Sealof the Companythereto, 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. ln connection with obligations in favor ofthe Florida Department of Transportation only, it is agreed thatthe power and authorily hereby given to the Attomey-
in-Fact includes any and all consents for the release of retained percentages and/or finalestimates on engineering and construction contracts required by the
State ol Florida Depanment of Transportation. lt is fully understood that consenting to the State of Flo.ida Departmenl o, 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. ln connection with obligations in favor ofthe Kentucky Depanment of Highways only, it is agreed thatthe power and authority hereby given to the Attomey-in-
Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways ofthe
Commonwealth of Kentucky at least thirty (30) days priorto the modification or revocation.
Further, this Power ofAttorney is signed and sealed by facsimile pursuant to resolution ofthe Board ot 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 signalure of any authorized officer and the seal ofthe 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 effecl as though manually affixed.
lN WITNESS WHEREoF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused lhis instrument to be signed and ats
corporate seal to be affixed by its authorized officer, this 26th day of May, 2020
THE GUARANTEE COMPANY OF NORTH AMERICA USA
PaulJ. Brehm, Senior Vice PresidentSTATE OF MINNESOTA
Hennepin County
On this 26th day of May, 2020 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said
that each as 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;thatthe Corporate Sealand each signature were duly affixed by order ofthe Board of Directors of said Company.
lN WITNESS WHEREoF, I have hereunto set my hand at The Guarantee Company of North America
USA offices the day and year above written
l, Chad A. Anderson, Senior Vice President ofTHE GUARANTEE COMPANY oF NoRTH AMERICA USA, do hereby certify thatthe above and foregoing is a true
and corlect copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect
/,*,"/'ltt
lN WITNESS WHEREOF,.t hirve thereunto set my hand and attached the seal of said Company this llq day of,.:
r -l: rr t, _iL -,
1
i,axi,
'1-
, .?t./f' -".-;
l?i,*i'utY-'+'_.-.-<64;
ALISOII OTYAII IIASH.IROJI
NOTARY PUBLIC . TIIINESOTA
My Commls!lon ErPlres
January 31,2025
Chad A. Anderson, SeniorVice President Specialty
Chad A. Anderson, Senior Vice President Speciatty
16.F.1.b
Packet Pg. 1162 Attachment: Bond Basis (23313 : Excavation Bond Release - Tree Farm)
CIRTIF I(]A'I'II OF INCI]}TI}f NCY
I, .lason S. Weisler, herebl certiiy to you that I am the duly elected and qualified Secretary of
WMB Corp. an lndiana corporation (thc ''Cornpany"). and that. as such, I am authorized to execute
this Ceftificate on behalf ol the Company, and I further certify that the persons named below are
duly elected, qualified and acting of'ficers ofthe Cornpany, holding the otlces set forth below at
the date hereofand that the specinren signature opposite each officer's name is the true and genuine
signature of such officer.
Name Specimen Signature Office
J. Matthew Chambers 9,Treastrrer
Jason S. Weisler ^/ /a..---a Secretarv
I furlher certil-y that the Company is the Manager of WPPI/HS Naples'l'F lnvestment, LLC
(''WPPI/HS), and that WPPVHS is the Operating Member ol WPPI/WL Tree frarm, LLC
("WPPVWt,'), and that WPPI/WL is the Sole Mernber of WPPI Naples TF, l.l,C (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 Mernber of the Sole Member
ofthe Property- Owner to execule and deliver any' zoning applications. permit applications. permits.
bonds. plats. perfolmance agreements (including without limitation Excavation Performance
Agreements) ol other documents or agreements necessar)' or desirable lbr the Ploperty Ow'ner's
development or operation ofthe Property Owner's property located in Naplcs, Florida.
You ma,v- conclusively rely on this Certificate until fbrmally advised by a like cemificate of
any changes herein.
IN WITNESS WHEREOF, I have hereunto aflixed rny signature effective as of this 31"
day of August, 2020.
son S. Weisler. Secretary
I, J. Matthew Chambers, hereby certify to you that I am the duly elected and qualified Treasurer
ofthe Cornpany. and further certify that the speoimen signature opposite Jason S. Weisler's name
is the true and genuine signature of such Jason S. Weisler.
q*
.1. Matthew Chambers. 'freasurer
Z:\Lcgal\WPPI Lcgal\WPPl\l'rojccts!.Naples Tree Farm\WPPI Naples TF. LLC\Certificare of Incumtrcncy County 8-31-20.docx
/r(---
16.F.1.b
Packet Pg. 1163 Attachment: Bond Basis (23313 : Excavation Bond Release - Tree Farm)