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BCC Agenda 02/27/2024 Item #16A 5 (Release the Utilities Performance Security to the Project Engineer designated agent for Tree Farm Apartments)02/27/2024 EXECUTIVE SUMMARY Recommendation to authorize the County Manager, or designee, to release the Utilities Performance Security (UPS) in the amount of $33,559.05 to the Project Engineer or Developer’s designated agent for Tree Farm Apartments, PL20220004818. OBJECTIVE: To have the Board of County Commissioners, as Ex-Officio Governing Board of the Collier County Water-Sewer District, authorize the County Manager, or designee, to release the Utilities Performance Security (UPS) in the amount of $33,559.05, in accordance with the Collier County Utility Standards and Procedures, Ordinance No. 2004-31, as amended. CONSIDERATIONS: 1) On January 10, 2023, Item 16.A.7, the Board of County Commissioners granted final acceptance of utilities for Tree Farm Apartments. 2) Per Utility Ordinance 2004-31, when the actual cost of construction of the utilities being conveyed to the County exceeds $100,000, a 10% Utilities Performance Security (UPS) is required to be posted by the developer for the duration of the one-year warranty period which begins on the BCC approval date. 3) The one-year warranty period expired on January 10, 2024, and the Utilities Performance Security (UPS) in the amount of $33,559.05 can be released. FISCAL IMPACT: Performance bond securities are held as a development guarantee and released after work is performed. GROWTH MANAGEMENT IMPACT: No growth management impact is 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 County Manager, or designee, to release the Utilities Performance Security (UPS) in the amount of $33,559.05. Development Review staff will issue a Memorandum to the Clerk of Courts upon approval of this item, advising the Clerk of this action. Prepared by: Lucia S. Martin, Project Manager I, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Utility Performance Bond (PDF) 16.A.5 Packet Pg. 180 02/27/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.5 Doc ID: 27803 Item Summary: Recommendation to authorize the County Manager, or designee, to release the Utilities Performance Security (UPS) in the amount of $33,559.05 to the Project Engineer or Developer’s designated agent for Tree Farm Apartments, PL20220004818. Meeting Date: 02/27/2024 Prepared by: Title: Technician – Development Review Name: Lucia Martin 01/23/2024 2:40 PM Submitted by: Title: Environmental Specialist – Name: Jaime Cook 01/23/2024 2:40 PM Approved By: Review: Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/26/2024 3:40 PM Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed 01/29/2024 3:13 PM Unknown Jaime Cook Division Director Completed 02/04/2024 11:14 AM Operations & Regulatory Management Michael Stark Additional Reviewer Completed 02/05/2024 2:18 PM Growth Management Community Development Department Diane Lynch GMD Approver Completed 02/05/2024 7:10 PM Growth Management Community Development Department James C French Growth Management Completed 02/07/2024 11:40 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 02/14/2024 3:42 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/15/2024 9:25 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/15/2024 9:51 AM Office of Management and Budget Laura Zautcke OMB Reviewer Completed 02/20/2024 10:38 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 02/20/2024 11:16 AM Board of County Commissioners Geoffrey Willig Meeting Pending 02/27/2024 9:00 AM 16.A.5 Packet Pg. 181 TREE FARM APARTMENTS LOCATION MAP 16.A.5.a Packet Pg. 182 Attachment: Location Map (27803 : Release of Utility Performance Bond - Tree Farm Apartments) !- BOND NO.800088011 Form 2 - Rev. 2004 (Utilities Performance Bond) UTILITIES PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that WPPI Naples TF, LLC, a Delaware limited liability company 9800 Connecticut Dr.. Suite Al-100 Crown Point, IN 46307 -7840 (hereinafter referred to as "Owner"), and Atlantic Specialty Insurance Company 605 Highway 169 North, Suite 800 Plymouth, MN 55441 (hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida, (hereinafter called "County";, in the total aggregate penal sum of Thirty-Three Thousand Five Hundred Fifty-Nine Dollars and Five Cents ($33,559.05) 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 lSth day of January, 2021, a copy of which is hereto attached and made a part 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 perlorm 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 satisfu all claims and demands incurred under such contract, and shall fully indemnify and save harmless the County 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 Page 1 of4 16.A.5.b Packet Pg. 183 Attachment: Utility Performance Bond (27803 : Release of Utility Performance Bond - Tree Farm Apartments) 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 ofthe 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 executed this 17'r' day of August, 2022. 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 w #t Its: Manager Printed N By Print Name Title: Name: Page2 of 4 16.A.5.b Packet Pg. 184 Attachment: Utility Performance Bond (27803 : Release of Utility Performance Bond - Tree Farm Apartments) The foregoing instrument was acknowledged before me by means or finyri"ut 2022,by Matt Chambers asnotarization, this dh",of presence or E online Treasurer ofWMB Corp., an Indiana corporation, which is the Manager of WPPI Naples TF, LLC, a Delaware limited liability company, who is fl personally known or frroduced Dfivzt- \-iq-cnbr- as identification. of Notary Public) ..D71ri )sr.-.. (Printed or Typed Name of Notary Public) *Lffi1., ,?mi$ KII^ D. DAVIDSON Notary Public - State of Florida Commission # HH 201826 My Comm. ExPires Feb 19, 2026 through A5sn, Atlantic Specialty Insurance Company #t Printed Name Kvle By Pri T #2 Printed Name: Kristina Grav The foregoing instrument was acknowledged before me by means of! physical presence or E online notarization, this l Ttl' day of August, 2022, by Keith Corder as Attorne-v-ln-Fact of Atlantic Specialty Insurance Company, who isp personally known or E produced as identification (Signature of Notary Robin L. Youne )lc [Notarial Stamp] ROBIN L. YOUNG Notary Public, State of lndiana SEAL Commission Numirer NP0645033 My Commlesion ExPires June 10, 2029 (Printed or Typed Name of Notary Public) Page 3 of4 '-'/^ Attornev- I n- Fact 16.A.5.b Packet Pg. 185 Attachment: Utility Performance Bond (27803 : Release of Utility Performance Bond - Tree Farm Apartments) Prepared by: Robin Young, Surety Account Manager Gregory & Appel Insurance 1402 N. Capitol Ave., Suite 400 Indianapolis, IN 46202 Page 4 of 4 16.A.5.b Packet Pg. 186 Attachment: Utility Performance Bond (27803 : Release of Utility Performance Bond - Tree Farm Apartments) 9e OneBeacon Power of AttorneyINSURANCE GROUP KNOW ALL MEN BY THESE PRESENTS, thar ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporarion wirh its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Andrew Appel, Daniel C. Appel, Keith Corder, Kathleen T. Devito, Robin Young, each individually if there be more and all other wrilings obligatory in the nature thereof; provided that no bond or undenaking executed under this authority shall exceed in amount the sum of: unlimited and the said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attomey is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Fact. Resolved: That the Attorney-in-Fact may be given fuII power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attomey or to any certificate relating thereto appointing an Attomey-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. r:;s:iffi =-.Y 1986 6r.'-r#:;"1*,**By /r"fu STATE OF MINNESOTA HENNEPIN COUNTY Paul J. Brehm, Senior Vice President On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. tu@{ Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed.FLtad 17th day ot August ,2022 This Power of Attomey expires January 31, 2025 Kara Barrow, Secretary ALISON DWA}I IIASH.IRO'T I{OIARY PUBLIC . HI}I}IESOTA Commlerl ExplresonMy 2025Janua31, o'- " sBP0847^"SEAL.' 1oEh zi'-,, t-o"€ -.-^:"- ^ 16.A.5.b Packet Pg. 187 Attachment: Utility Performance Bond (27803 : Release of Utility Performance Bond - Tree Farm Apartments)