Agenda 05/13/2025 Item #16A 6 (County Manager, or designee, to release the Utilities Performance Security (UPS) to the Project Engineer or Developer’s designated agent for Magnolia Pond Residences – Phase I, PL202200141755/13/2025
Item # 16.A.6
ID# 2025-1069
Executive Summary
Recommendation to authorize the County Manager, or designee, to release the Utilities Performance Security (UPS) in
the amount of $45,511.30 to the Project Engineer or Developer’s designated agent for Magnolia Pond Residences –
Phase I, PL20220014175.
OBJECTIVE: To have the Board of County Commissioners (Board), 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 $45,511.30, in accordance with the Collier County Utility Standards and Procedures, Ordinance
No. 2004-31, as amended.
CONSIDERATIONS:
1. On March 12, 2024, the Board of County Commissioners granted final acceptance of utilities in Magnolia Pond
Residences – Phase I.
2. Per Utility Ordinance 2004-31, when the actual cost of constructing 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 date of Board approval.
3. The one-year warranty period expired on January 10, 2024, and the Utilities Performance Security (UPS) in the
amount of $45,511.30 can be released.
This item is consistent with the Collier County strategic plan objective to operate an efficient and customer-focused
permitting process.
FISCAL IMPACT: Performance bond securities are held as a development guarantee and released after work is
performed.
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
RECOMMENDATIONS: To authorize the County Manager, or designee, to release the Utilities Performance Security
(UPS) in the amount of $45,511.30. 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, Project Manager I, Development Review Division
ATTACHMENTS:
1. Location Map
2. Utilities Performance Bond
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MAGNOLIA POND RESIDENCES PHASE 1
LOCATION MAP
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Form 2 - Rev. 2004 (Utilities Performance Bond)
Bond No. K41784003
UTILITIES PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Richman Naples Development Partners, LLC
777 West Putnam Avenue
Greenwich, CT 06830
(hereinafter referred to as "Owner"), and
Federal lnsurance Company
2028 Hall's Mill Road
Whitehouse Station, NJ 08899
(hereinafter referred to as "Suret5r"), are held and firmly bound unto Collier County, Florida, (hereinafter
called "County"), in the total aggregate penal sum of FortyFiveThousand Five* Dollars($45,511.30)
in Iawful 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.
Hundred Eleven and 30/100
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner entered into a certain
Utilities System Construction Contract, dated the 10th day of December 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 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 satisfy 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 the County may incur in making good any default, then this obligation shall be void,
otherwise to remain in full force and effect.
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Page 795 of 5243
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 (20o/o), 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 to be executed this
4th day of December 20 3_.nt Partners, LLC
\Mtnessed j5i>& bgs.{,pj_\
NOTE: Collier County shall not accept any Letters of Credit that cannot be
presented in Florida.
lnsurance C
Susan J. Latta
Witnessed By:
Prepared by: Susan J. Lattarulo
8110 E. Union Avenue, Suite '100
Denver, CO 80237
07/2021
Page 2 of 2
1
Page 796 of 5243
ACK\-OWLEDGME\I'
STATE OF Colorado
COUNTY OF Denver
On ra -\ ,e5 , before tne, Angelica Chavez
Personally appeared
Who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) isiare
subscribed to the within instrument and acknowledged to me that heisheithey executed the same
in his,iheritheir authorized capacity(ies), and that by hisiheritheir signature(s) on the instrument the
persons(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
( Seal )
ANGELICA CHAVEZ
I{OTAfrY RJBI.JC
STATE OF COIORADO
NoTARY t0# efi5{04@r
ilY CoMMISSION EOIRES 1G1+2T27
Signature
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ACKNOWLEDGMENT
I
STATE OF
COLINTY OF
I
)r+r.oOn\ulr , before me,ftrA I
Personally appeared \:.\\irn^ { f-*bbn.,'
Who proved to me on the basis of satisfactory evidence to be the p54son(s) whose names(s@are
subscribed to the within instrument and acknowte/geE to me that(@he/they executed the same
in@her/their authorized capacity(ies), and that b!-hlgfter/their signi-ture(s) on the instrument the
persons(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
hand and seal.
I
Signaturc
(Seal)
Mtt-AzzoTARAS'
037S26HH4trCOMMISSIONMY,)2024AugustEXPIRES:
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Page 798 of 5243
E F"{'U Er Et
Power of Attorney
Federallnsurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILAI{T INSIJRANCE COMPANY, a New York corporation, PACIFIC
INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSIJRANCE COMPANY and ACE AMERICAN INSURANCE COMPAT{Y corporations of the
Commonwealth of Pennsylvania, do each hereby constitute and appoint Shaleen R. Lovitt and Angela R. Yanofsky of Phoenix, Arizona; John J. Browning,
Kelli E. Housworth, Susan J. Lattarulo, Sheila J. Montoya and Justin Tomlin of Denver, Colorado
each as their tue and lawful Attomey-in-Fact to execute under such designation in their names :urd to afix their corporate seals to and deliver for and on their behalf as surer
thereon or otheruise, bonds and undertakings and other Mitings obligatory in the nature thereof (other than bail bonds) given or executed in the coune of business, and any
instruments amending or altering the same, and consents to the modification or alteration of:rny instrument referred to in said bonds or obligations.
In Witness WheTeof, said FEDERAL INSI,JRANCE COMPANY, VIGILANT INSI,JRANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and afiixed their corporate seals on this 6t day ofNovember, 2019.
SUrl:'r--\ rr. eNCI -sf
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STATE OF NtsWJERSEY
County ofllunterdon ss'
On this 6d day ofNovember, 2019, before me, a Notary Public ofNewJersey, personally came Dawn M. Chloros and Stephen M. Ilaney, to me known to be Assistant Secretary and
Vice Presidenl respectively, of FEDERAL INSURANCE COMPANY, VIGI"qNT INSURANCE COMPAM, PACIFIC INDEMNITY COMPANY, WFSTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Ilaney,
being by me duly swom, severally and each for herself and himselfdid depose and say that they are Assistant Secretary and Vice President, respectively, of FIIDERAL INSURANCE
COMPANY, VIGII-ANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTC}IESTER FIRE INSURANCE COMPANY and ACE AMIRJCAN INSURANCE COMPANY ANd
know the corporate seals thereof, that the seals affixed to the foregoing Power ofAttorney are such corporate seals and were thereto alfixed by authority ofsaid Companies; and
that their signatures as such oflicers were duly affixed and subscribed by like authority.
N0tarial Seal KATHERINE J. AO€LAAR
NOTARY PUBLIC OF NE\lv JERSEY
No.23l66As
Comlrtih Expires Juty t6, 2024 Mary
CERTIFICATION
Resolutions adopted by the Boards ofDirestors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPAIIY on August 30, 2O16:
WESTCIIESTER FIRE INSURANCE COMPANY on December U, 2006; and ACE AMERICAN INSURANCE COMPAI.IY on March 20, 2OO9:
entered into in the ordinary oure of buins (each a'Written Comitment-):
O Each of the Chairman, the President and the vice Prsidents of the Company is hereby authorized to exemte any wrinen Commitment for and on behalfofthe Company, undcr the
scal ofthe Company or otheryhe.
(2) Each duly appointed attomey-in-facl ofthe Company is hereby authorized to exeote any wrift€n Commitment for and on behalfofthe Company, under the ssl ofthe Company or
otheMis, to the extetrt that such action is authorized by the grant ofpowem provided for in uch person's Mitten appointment ff such aitorney-in-facl.
(3) Fach of the Chairmn, the kesident and the Vie Presidents of the Company is hereby authorized, for and on behalfofthe Company, to appoint in writin8 any pe$ot the anorney-
in-fao of the Company with full power and authority to exetq for and on behalf of the Company, under lhe seal of the Company or othevise, such wrinen Commitments of the
C{mpany as may be slxrified in such wfiten appointment, which specifiation may be by general type or clas of Wrinetr Commitrents or by specifiotiotr of one or morc particular
writtetr Commitments.
(4) Ihc} of the Chairman, the Pr6idenr and the vice Prsidents of rhe Company is hereby authorized, for and on b€halfofthe Company, to delegate in Miting to any other omccr ofthe
Company the authoriry to exmiq for and on behalf of the Company, under th€ Companyt sql or otheryis, such wrinen Commitments of tre C4mpany as are specified in such
winendelegation,whichspecifiction roy be by getreral typeor classof written Commitmnts or byspecifictionofoneormorepartiolarWrittenCommitmnts.
(5) The sigIuture of any officr or other perwn exmting any wriften Commitment or appointment or delegation pununt to thls Resolution, and the sl of the Company, may be affixed by
faGlmil€ on such Written Crmmitment or Mitten appointment or delegation.
the Company, and such Rsolution shall not limit or orheruis aflct the exercise ofany such poweror aurhority otheruise validly granted or ve$ed.-
I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNIry COMPANY, WESTCIIESTIR FIRE
INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPAM (the "Companies") do hereby certify that
(i) the foregoing Resolutions adopted bythe Board ofDirectors ofthe Companies are true, correct and in full force and effect,
(ii) the foregoing Power of Attomey is true, correct and in frrll force and effect.
GivenundermyhandandsealsofsaidCompaniesatwhitehouseStation,NJ,this December 4'2023
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IN TIIE DVtiNI'YOU WISII VI'RII'Y TI 'l lils IroNl)NOI'II'Y US OF ANry OTIIER MA'I-TI]R, PLFASIi CON'I'AC'I I.]S AT:
903-I'ax 903- 3656 e-mail:
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