Agenda 02/28/2012 Item #16A 42/28/2012 Item 16.A.4.
EXECUTIVE SUMMARY
Recommendation to authorize the County Manager, or his designee, to release Utilities
Performance Security Bonds to the Project Engineer or the Developer's designated agent
for Gateway Shoppes at North Bay, Phase 4,13565 Tamiami Trail North.
OBJECTIVE: To release Utilities Performance Security Bonds which were posted as a
development guaranty of work associated with the utility facilities located at Gateway Shoppes,
Phase 4, 13565 Tamiami Trail North.
CONSIDERATIONS:
The utility work associated with this security has been inspected and the developer has fulfilled
his commitment with respect to this security.
The utility facility has been operated, not less than, the required one (1) year warranty
period. The utility facility is owned and maintained by the developer.
This project is private and the county has no responsibility for maintenance.
The PUD Monitoring staff has reviewed this request in relation to possible issues raised by the
applicable Property Owners Association (POA). 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 have no specific financial impact.
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth
management impact.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board
action. - JBW
RECOMMENDATION: That the Board of County Commissioners authorize the County Manager,
or his designee, to release Utilities Performance Security Bonds for Gateway Shoppes at North
Bay, Phase 4, 13565 Tamiami Trail North, to the Project Engineer or the Developer's designated
agent. The Utilities Performance Security receipt reference number is 863268, dated October 15,
2008, in the amount of $4,000.00 and the Utilities Performance Bond Number is 929464317 in
the amount of $9,833.07.
PREPARED BY: Jodi Hughes, Technician, Land Development Services /Engineering
Services, Growth Management Division, Planning and Regulation
Attached Documents:
1. Location Map
2. Official Receipt
3. Utility Performance Bond
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4.
2/28/2012 Item 16.A.4.
Item Summary: Recommendation to authorize the County Manager, or his designee, to
release Utilities Performance Security Bonds to the Project Engineer or the Developer's
designated agent for Gateway Shoppes at North Bay, Phase 4, 13565 Tamiami Trail North.
Meeting Date: 2/28/2012
Prepared By
Name: HughesJodi
Title: Technician,Engineering & Environmental Services
1/24/2012 10:02:52 AM
Approved By
Name: BeardLaurie
Title: Planner,Transportation Planning
Date: 1/24/2012 10:19:38 AM
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 1/26/2012 1:37:44 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 2/2/2012 5:50:23 PM
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 2/3/2012 2:33:45 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 2/3/2012 4:29:46 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 2/3/2012 4:59:58 PM
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2/28/2012 Item 16.A.4.
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/6/2012 9:49:11 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 2/15/2012 3:10:48 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/17/2012 9:27:40 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 2/21/2012 4:38:36 PM
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I NAL
VERIFICATION OF PRIVATE MATERIAL
PROJECT NAME: GATEWAY SHOPPES AT NORTH BAY, PHASE 4
LOCATION: FOLIO # 00155884100
SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST
2/28/2012 Item 16.A.4.
NAME & ADDRESS OF OWNER: BENDERSON PROPERTIES, INC. AND WR -I ASSOCIATES, LTD.
8441 COOPER CREEK BLVD.
UNIVERSITY PARK, FL 34201
TYPE OF UTILITY SYSTEM: POTABLE WATER
ITEM
UNIT
QUAN.
COST & LABOR TOTAL
2" PVC SCHEDULE 80
131
LF
$38.98
$5,106.38
6" DR -14 FIRE SERVICE
270
LF
$45.15
$12,190.50
8" C900 DR -14 FIRE MAIN
437
LF
$44.00
$19,228.00
FDC & CHECK VALVES
2
EA
$859.00
$1,718.00
FIRE HYDRANTS W/ 6" GATE VALVE
3
EA
$3,720.80
$11,162.40
TOTAL
COST
$49,405.28
I hereby certify that the quantities of material and services described above are a true and accurate
representation of the system.
CERTIFYING:
IJS?:A. CARR P. E.
AGNOLI, BARBER & BRUNDAGE INC.
OF:
STATE OF FLORIDA )
) SS:
COUNTY OF COLLIER )
The fore oing i i=o was signed and acknowledged before me this �_ day of
2008, b is pyr nally known to me and who did not take an oath.
SEAL:
= °spar ads`^ Notary Public State of Florida
Glenda Agnoli
My Commission DD598777
?or ti° Expires 09126/2010
Packet Page -961-
ORIGINAL 2/28/2012 Item 16.A.4.
VERIFICATION OF PRIVATE MATERIAL
PROJECT NAME: GATEWAY SHOPPES AT NORTH BAY, PHASE 4
LOCATION: FOLIO # 00155884100
SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST
NAME & ADDRESS OF OWNER: BENDERSON PROPERTIES, INC. AND WR -I ASSOCIATES, LTD.
8441 COOPER CREEK BLVD.
UNIVERSITY PARK, FL 34201
TYPE OF UTILITY SYSTEM: SANITARY SEWER
ITEM
UNIT
QUAN.
COST & LABOR
TOTAL
4" PVC SDR -26 LATERAL & (2) 4" C.O.
79
LF
$27.60
$2,180.40
6" PVC SDR -26 LATERAL & (4) 6" C.O.
147
LF
$34.32
$5,045.04
1,250 GALLON GREASE TRAP
6
EA
$6,950.00
$41,700.00
TOTAL COST $48,925.44
I hereby certify that the quantities of material and services described above are a true and accurate
representation of the system.
CERTIFYING:
C 4�
JA A- C —AR R P. E.
AGNOLI, BARBER & BRUNDAGE INC.
OF
STATE OF FLORIDA )
) SS:
COUNTY OF COLLIER )
The fore oing i strument was signed and acknowledged before me this Z_ day of 1
2008, b who is�ersonally known to me and who did not take an oath.
SEAL:
�o�►+n ors`^ Notary Public State of Florida
Glenda Agnoli
My Commission DD598777
OF n� Expires 09126/2010
Packet Page -962-
An 2/28/2012 Item 1 A A 4
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Number
Date
Post Date
Payment Slip Nbr
18 . ____
10/15/2008 11:15:03 AM—
110/15/2008
1 AR 13631
Appl Name: INTERPLAN LLC
Appl Stage /Status: REVIEW STAGE NO. 1 /PENDING
Address: JOHN RAWSON 933 LEA ROAD ORLANDO FL 32810
Proj Name: GATEWAY SHOPPES AT NORTH BAY
Type: COM TAZ: 13
Subdiv Nbr: 100
Project Nbr: 2002100064
Payor : BENDERSON MGMT
Fee Information
ode
'e�� r�t ion GL Account W DPOCTS_COMM DEV (CASH BOND 67000000022011300000 $4000.00
Total $4000.00
Payments
- _ Amount
Payment Code_ , Account/Check Number
CHCCK _ __23055 $4000A0
Total Cash $0.00
Total Non -Cash $4000.00
Total Paid $4000A0
Memo:
Cashier /location: MURPHYLINDA / 1
User: PANNULLO J
Collier County Board of County Commissioners Printed: 10/15/2008 11:15:27 AM
CD -Plus for Windows 95 /NT
Packet Page -963-
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Form 2 - Rev. 2004 (Utilities Performance Bond)
2/28/2012 Item 16.A.4.
blond Nu.., --.
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UTILITIES PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Benderson Properties, Inc.
And
WR -I Associates, Ltd.
8441 Cooper Creek Boulevard, University Park, FL 34201
(hereinafter referred to as "Owner ", and
Western Surety Company
6011 University Boulevard, Suite 490, Ellicott City, MD 21043
(hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida,
(hereinafter called "County"), in the total aggregate penal sum of Nine Thousand!lEight
Hundred Thirty Three and 07/100 Dollars ($9,833.07) in lawful money of the Uliited 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 require 4s.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner entered into a
i
certain Utilities System Construction Contract, dated the day of �p�� ,'200 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
Packet Page -964-
. 2/28/2012
ahond Nu....._. __, —
reason of failure to do so, and shall reimburse and repay the County all outlast and expense
which the County may incur in making good any default, then this obligation ishall be void,
otherwise to remain in full force and effect.
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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 a`ny 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 sp6cifications.
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 theicontract as so
amended. The term "Amendment ", wherever used in this bond, and whether rferring to this
bond, the Contract or other documents shall include any alteration, addition or modification of
any character whatsoever.
f
IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be ;executed this
8'' day of September, 2008.
SIGNATURES BEGIN ON THE FOLLOWING PAGE
Packet Page -965-
Item 16.A.4.
Bender son Properties, Inc.
By:
David H. Baldauf, Vice President
First Witness Signature
—X4
,Aecond Witness - Signature
State of Mart& An."
County of)tee�r� e„
and Nui_„_ 2/28/2012 _ Item 16.A.4.
The foregoing document w�aowledged before me by David H. Baldauf as Vice President
of Benderson Properties, w York corporation, on behalf of the corporation, who is
personally known OR who produced identification Type of
identification produced:
WITNESS my hand and official seal this day of 204
Notary Public
MEMV A. NEf X
My commission expires: Moh7Pubur, state of Newyffilt
i ton o.
Qualified in Erie County
My Commission Expires January 11, 20
Notary's Typed or Printed Name [if not in Notary stamp]
Packet Page -966-
WR-I Associates, Ltd
By: BG The Village, LLC, General Partner
is lj•i
First i ess — Waturde.
econd Witness - Signature �-
State of Flea �e—w yD ()(
County ofManatee 6,; C
Bond Nu_
2/28/2012 Item 16.A.4.
_
1
i
i
The foregoing document was acknowledged before me by David H. Baldauf, as
The Village, the general partner of WR -I Associates. Lt ., a Florida Limit
on behalf of the partnership, who is personally known OR who prod
identification . Type of identification produced:
WITNESS my hand and official seal this 16 01 day of ,
Notary Public SHERRY A. KEKUK
Notary Public, State of New York
Rodistration No. OIKE6018498
My commission Expires: Qualified in Eric n
my mmrsswa UPITU January 11, ZO ^/
Notary's Typed or Printed Name [if not in Notary stamp]
Packet Page -967-
of BG
2/28/2012 Item 16.A.4.
Bond Nui....__ ,__ ...._
Western Surety Company
John f Plate, Attorney -in -Fact
State of Virginia
County of Fairfax
The foregoing document was acknowledged before me by John C. Plate, as Attornney -in -Fact
of Western Surety Compan,Y., a South Dakota corporation, on behalf of the corporation, who is
personally known '✓ OR who produced identification Type of
identification produced:
WITNESS my hand and jofficial seal this 8`" day of September, 2008.
Terri t. Campos
Terri I. Campos, Notary Public , ,, Notary Public
w Commonwe#lth of Virginia
My commission Expires: November 30. 2011 :;;r?: ID- 7,106227
My Commission Expires
November 30, 2011
Notary's Typed or Printed Name [if not in Notary stamp]
Prepared by: Terri I. Campos, Bond Account Manager
USI DC Metro
2755 Hartland Road, Falls Church, VA 22043
i
01/2005
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Western surety mpar2/28/2012 Item 16.A.4.
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -ICI -FACT
l
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly( ' organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint d
{
John C Plate, Jessica J Whitney, Cindy L Railine, Individually
of Falls Church, VA, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, sea ii and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature i
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of theicorporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
i
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior VicePresident and its corporate seal to
1
be hereto affixed on this 2nd day of November, 2004.
trr WESTERN SURE'''TY COMPANY g c, ,\
€ 4GRgl1'j
1 =f
P�tN �pµe,P i
Payl eBruflat, Senior Vice President
State of South Dakota
ss
County of Minnehaha
On this 2nd day of November, 2004, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument; that he knows the seat of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires +
J D. KRELL r
November 30,2006 t Eat NOTARY PUBLIC SF.IU.
i
r SOUTH DAKOTA r
+ti�r���artititia�.ti.��.ti�titir i
D. Krell, No ry Public
CERTIFICATE
i
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hercinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporationilli s_ 8th day of September 2008
WESTERN SURETY COMPANY
_ .
L. Nelson, Assistant Secretary
Form F4290 -01-02
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