Agenda 12/08/2020 Item #16A 1 (Final acceptance of sewer facilities - Dolphin Auto Spa)12/08/2020
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the sewer facilities for Dolphin Auto Spa,
PL20190001604, accept the conveyance of a portion of the sewer facilities, and authorize the
County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final
Obligation Bond in the total amount of $9,970.22 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 sewer facilities, accept the
conveyance of the sewer facilities, and to release the Utilities Performance Security (UPS) and Final
Obligation Bond in the total amount of $9,970.22, in accordance with the Collier County Utility
Standards and Procedures, Ordinance No. 2004-31.
CONSIDERATIONS:
1) The Developer of Dolphin Auto Spa, has constructed the sewer facilities within dedicated easements
to serve this private development (see attached location map). A portion of the sewer facilities was
offered for conveyance to the County, as described in Official Records (O.R.) Book 5664, Page
(PG.) 1127, and are located in the County Right-of-Way, as described in OR Book 1403, Page 236,
of the Public Records of Collier County, Florida. The remaining sewer facilities will be private.
2) Preliminary acceptance of these utility facilities was approved by the Development Review staff on
August 15, 2019. At that time, the value of these sewer utility facilities (assets) was $1,323.46. (See
attached asset sheet).
3) Staff recorded all preliminary acceptance documents associated with the sewer 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
sewer facilities by Utilities Facilities Warranty Deed and Bill of Sale recorded in Official Records
Book 5664, at page 1127 (“the Utilities Facilities Deed”), located in the County Right-of-Way as
described in Official Records Book 1403, at Page 236, of the Public Records of Collier County,
Florida.
4) The sewer 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 has been conducted by staff on
September 23, 2020, in coordination with Public Utilities, and these facilities have been found to be
satisfactory and acceptable.
6) The on-site sewer utilities, less the sewer utilities described in O.R. Book 5664, PG. 1127, 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 $9,970.22. (See
attached Exhibit A). Staff also recommends acceptance of the Utilities Facilities Deed and the
facilities described therein.
8) This final acceptance is in accordance with Collier County, Ordinance No. 2004-31, as amended.
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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 sewer utility facilities, which at the time of preliminary
acceptance, had a total gross value of $1,323.46 (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 sewer facilities for Dolphin Auto Spa,
PL20190001604, accept the conveyance of the Utilities Facilities Deed and the facilities described
therein, and to authorize the County Manager, or his designee, to release the Utiliti es Performance
Security (UPS) and Final Obligation Bond in the total amount of $9,970.22 to the Project Engineer or the
Developer’s designated agent.
Prepared by: Valerie Kullick, Technician, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Exhibit A (PDF)
3. Assets Sheet (PDF)
4. Warranty Deed Bill of Sale (PDF)
5. Order of Taking (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Doc ID: 13865
Item Summary: Recommendation to approve final acceptance of the sewer facilities for Dolphin
Auto Spa, PL20190001604, accept the conveyance of a portion of the sewer facilities, and authorize the
County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final
Obligation Bond in the total amount of $9,970.22 to the Project Engineer or the Developer’s designated
agent.
Meeting Date: 12/08/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Valerie Kullick
10/07/2020 3:50 PM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
10/07/2020 3:50 PM
Approved By:
Review:
Wastewater Steve Nagy Additional Reviewer Completed 10/07/2020 3:52 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/07/2020 4:57 PM
Growth Management Development Review Marcus Berman Additional Reviewer Completed 10/08/2020 6:54 AM
Wastewater Steve Messner Additional Reviewer Completed 10/08/2020 9:48 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 10/09/2020 6:51 PM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 10/12/2020 11:11 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/02/2020 9:28 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 11/02/2020 1:43 PM
Growth Management Department James C French Deputy Department Head Review Completed 11/03/2020 1:47 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/03/2020 4:37 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/04/2020 10:19 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/04/2020 10:21 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/04/2020 11:02 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/05/2020 8:41 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/24/2020 1:23 PM
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Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
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DOLPHIN AUTO SPA
LOCATION MAP
16.A.1.a
Packet Pg. 1212 Attachment: Location Map (13865 : Final Acceptance of Utilities - Dolphin Auto Spa)
Exhibit A
Utilities Performance Security (UPS) and Final Obligation Bond
Amount Receipt Number
10% UPS Bond $5,970.22 5272648
Final Obligation Bond $4,000 2019647681
Total Amount $9,970.22
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
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Packet Pg. 1213 Attachment: Exhibit A (13865 : Final Acceptance of Utilities - Dolphin Auto Spa)
16.A.1.bPacket Pg. 1214Attachment: Exhibit A (13865 : Final Acceptance of Utilities - Dolphin Auto Spa)
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:2019647681
Transaction Number:2019-070955
Date Paid:08/06/2019
Amount Due:$4,000.00
Payment Details:Payment Method Amount Paid Check Number
Check $4,000.00 6612002333
Amount Paid:$4,000.00
Change / Overage:$0.00
Contact:Robert Llewellyn
1027 Spanish Moss Trail
Naples, FL 34108
FEE DETAILS:
Fee Description Reference Number Original
Fee
Amount
Paid
GL Account
Utility Performance
Refundable Bond
PL20190001604 $4,000.00 $4,000.00 670-000000-220113
Cashier Name:RichardKoenigsknecht
Batch Number:8482
Entered By: LuciaMartin
16.A.1.b
Packet Pg. 1215 Attachment: Exhibit A (13865 : Final Acceptance of Utilities - Dolphin Auto Spa)
SureTec lnsurance Gompany
2103 CityWest Boulevard, Suile 1300 l-louston, IX 7704?.
Bond No.
Principal:
5272648
Hawk Capllal, LLC
SureTec lnsurance Company
BOND RIDER
Hawk Capital, LLC
P06€fr'A. //€|,/€UY/Y
Bond Description: Ulility Deposit Bond
Obligee:Slate of Florida and Collier County
ln consideration of the premium charge, it is understood and agreed lhat effective
the bond shall be changed to reflect:
Increasing bond From;$4,000 To: $5,970.22
August 5, 2019
PROVIDED, HOWEVER, that tha liability of the Surety under tha attached bond as changed by this
Rider shall not be cumulative.
Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions,
agreements or warranlies of the above referenced bond, other lhan as stated above,
Signed this 6th day of August ,20{9
By:0fu4ftllo{t/t By:ROBERT D. LLEWELLYN {Au95,2019)
Charity Moset, Allorooy in Fact
16.A.1.b
Packet Pg. 1216 Attachment: Exhibit A (13865 : Final Acceptance of Utilities - Dolphin Auto Spa)
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Xttorv All Mert by These Presenls, Tlrat SURllll3C INSURANCE COMPANY (lhe "Conrpau/'), a corporation duly organize4 and
e.xistlng u[der llte la.,rc of tho Stato of 'l'exas, and having its principat olfice in Houston, ttanis-County, Texa$, does by tirlsepreseuts
make, couslihlte and appoint
. Charity Moser
ils lrus.and latvfitl Atto-rney-in-fact, rvitlr frrll porver nnd aulhority hcreby confcncd in ils nanrc, plnce and stead, to cxecrrte, aoknorvle6ge
and deliver auy artd all bonds, recognizattces, uldcrtakings or other fulstruments or contracis of suretyship to includo ivaivers ro riio
conditions of confracls and consenls ofsurety for:
Prhrcipnl: Hawk Capital, LLC
Obllgce; State of Florida and Collier Counly
Anrountl $ 5,970.22
aud to bind llte Cornpany thorcby as frrlly and to lhe $amc extcnt as if suoh bond tvcre sigrred by the Prcsident, sealed rvith the corporate
seal of the Company and duly_altoste d by its Secretary, hereby ratiffing and confinning itt ttrai the sai6 Attomoy-in-Iact may do in thcpremises, Said appoinlmont is made undel and by aulhority of the foltorvirrg resolritions of lhe Board of Dircctors of tlie SuroToc
Insurance Courpauy:
Be ll Resolved, lhat lhe Prosident, any Vice-Prosidcnl, any Assislartt Vicc-President, any Secretary or any Assist&nt Sccrctnry shall bc and is
hereby vcsted rvilh full power artd authority to appoinl any one or nrore suitnblc persons as Attorn;)'(s)-in:!hct to rcprcsont arid acl for aud on
behalfofrhe Company subJect to tho following provisions:
Allonrcy-ln-Fac! may be given frrll porver ond aulhority for and in tho namc of nnd of bchalf of the Compaly, to cxe€ure, acknowlcrlgc 6d
deliver, any atrd all bondg rccognizances, contracls, agrecnrenls or inderrmity arrl other conditional or obli[atory uuderla]lngs and any ind all
noliccs and docuntenls canceling or lernrlnatlng the Conrpany's llablllty thercunrler, and any such hslrumints ro ux."ited by any sucl
Attomey-ir-Facl shall bs.blnding upon lhe Company as ifsigncd by thc }residenl and sealed and sflilcted by the Corpornte Secrelary,
De il Resolved, lhal lhc signaturc o-fany aulhorized officer and seal of the Conrpany hcrotoforo or hereaflei nftixed to ,ny po,*". ufnronlcy or
any cerlificatc rclatlrrg thcrcto by faosirnitg and any power ofattorney or certificaio bearing facsimito signalqre or facslmiic scal shall Ue vitid
and _binding upon tho Cotrrpany rvilh respect to any bond or undorlaking to rvhich it is auached, (Attopled at a neethq held ot 2dr of April,
1qee.)
In llllness ll/hereof, SURETEC INSURANCE coMPANy has cause<l these prcscnts to be
to be hereto afixed this 6th day of April, A.D. 2017.
siglred by its President, and its corporate seal
SURETEC NY
By:
John
POA 5272648
Stale ofTexns
County of Harris
ss:
On lhis 6th day ol April, A.D. 201? boforo mo pelsonally come John Knox, Jr., to nte k$orvn, rvho,bcing by mo sryorn, did dcposc zurd say, that hc
resides in Houston, Texas, that hc is Prcsidcnt of SURETEC INSURANCB COMPANY ', the company in nnd rvhich exccuted lhe above
instlumenl; that he knorvs (he seal of said Company; that thc scsl afixed to sald hrskumenl ls such corporate seat; that it rvas so afl'ixed by order of the
Board ofDi.eclors ofsaid Cornpony; ond that he signed his nlnle lherelo by liko order.
Grconleaf, Notary Publlc
My conrnrissiorr expirbs Mray 18,2021
I,^M. Brent Beaty, Assislant Sccrctary of SURITBC INSURANCE COMPAI.IY, do hereby cenl$ that tho above arrd foregoing is a rrue and correct copy
ofo Porver ofAltotney' execuled by said Company, which is still in full force and eftect;'and flrrthcrnrorq the rosotutioni ofihc Board otDireclors, ;ct
out ln the Pon'cr ofAfiorney are in firll force and efttct,
Given under nly hand and thc scal of said Cornpany at Houston, 'l'exas this sth 2019
M, Brent Secrctary
JACOUELYN GREC
Nola,y Publio, Stat6 of
Contm. Explres 05-18-2021
lD r26903029
Any lnskurnent issuod ln excess ol the penally staled abovo ls totally vold and wllhout any vaildtg.
For volltlcatlon oftho aulhorlty ot thls powgryou may call (713) 812'0800 any business day botwoon 8:00 am and 6:00 pn CST.
A.D.
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Packet Pg. 1217 Attachment: Exhibit A (13865 : Final Acceptance of Utilities - Dolphin Auto Spa)
Signature:
Email:
Titte:
Company:
u
RoaEnTD LLEVTEILlN iAJg 5,,0]91
hawkcapital@aol.com
cEo
HAWK CAPITAL, LLC
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Packet Pg. 1218 Attachment: Exhibit A (13865 : Final Acceptance of Utilities - Dolphin Auto Spa)
16.A.1.cPacket Pg. 1219Attachment: Assets Sheet (13865 : Final Acceptance of Utilities - Dolphin Auto Spa)
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Packet Pg. 1220 Attachment: Warranty Deed Bill of Sale (13865 : Final Acceptance of Utilities - Dolphin Auto Spa)
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Packet Pg. 1221 Attachment: Warranty Deed Bill of Sale (13865 : Final Acceptance of Utilities - Dolphin Auto Spa)
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Packet Pg. 1222 Attachment: Warranty Deed Bill of Sale (13865 : Final Acceptance of Utilities - Dolphin Auto Spa)
16.A.1.dPacket Pg. 1223Attachment: Warranty Deed Bill of Sale (13865 : Final Acceptance of Utilities - Dolphin Auto Spa)
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Packet Pg. 1224 Attachment: Warranty Deed Bill of Sale (13865 : Final Acceptance of Utilities - Dolphin Auto Spa)
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Packet Pg. 1225 Attachment: Order of Taking (13865 : Final Acceptance of Utilities - Dolphin Auto Spa)
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Packet Pg. 1226 Attachment: Order of Taking (13865 : Final Acceptance of Utilities - Dolphin Auto Spa)
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Packet Pg. 1227 Attachment: Order of Taking (13865 : Final Acceptance of Utilities - Dolphin Auto Spa)
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Packet Pg. 1228 Attachment: Order of Taking (13865 : Final Acceptance of Utilities - Dolphin Auto Spa)