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Agenda 03/23/2021 Item #16A10 Performance Bond Release - Tree Farm)03/23/2021 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $54,000 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20200000742) for work associated with Tree Farm. _____________________________________________________________________________________ OBJECTIVE: To release a security which was posted as a development guaranty. CONSIDERATIONS: The Growth Management Division routinely accepts securities administratively as guaranties for early work improvements pursuant to Section 10.01.02 B of the LDC. The work associated with this security has been inspected and the developer has fulfilled his commitments with respect to this security. The performance security was posted as security for clearing and site filling associated with an Early Work Authorization for Tree Farm PPL, (PL20180003592). On December 8, 2020, the PPL was approved by the Board of County Commissioners and the bond is no longer required. A recent inspection confirmed that the developer has fulfilled the commitments of the EWA. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. 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 Cash Bond in the amount of $54,000. Development Review 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.A.10 Packet Pg. 653 03/23/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10 Doc ID: 15020 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $54,000 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20200001503) for work associated with Tree Farm. Meeting Date: 03/23/2021 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 02/10/2021 2:11 PM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 02/10/2021 2:11 PM Approved By: Review: Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 02/10/2021 2:56 PM Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 02/10/2021 4:18 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/11/2021 12:46 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/19/2021 12:25 PM Growth Management Department Matthew McLean Additional Reviewer Completed 02/19/2021 1:45 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 02/21/2021 12:38 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 02/22/2021 8:33 AM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 02/22/2021 9:58 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/24/2021 10:16 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/11/2021 3:06 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/12/2021 9:43 AM Board of County Commissioners MaryJo Brock Meeting Pending 03/23/2021 9:00 AM 16.A.10 Packet Pg. 654 TREE FARM LOCATION MAP 16.A.10.a Packet Pg. 655 Attachment: Location Map (15020 : EWA Bond Release - Tree Farm) EARLY WORK PERFORMANCE AGREEMENT THIS EARLY WORK PERFORMANCE AGREEMENT entered into this 18th day of August , 2020 between WPPI Naples TF, LLC hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". WHEREAS, Developer has applied for an early work authorization in accordance with the Collier County Land Development Code including but not limited to Section 10.01 .02.B (collectively, the "Early Work Regulations"); and WHEREAS, the Early Work Regulations require Developer to post appropriate performance guarantees to ensure compliance with the Early Work Regulations and Early Work Authorization Permit No. PL20200000742 (the "Early Work 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: 1.Developer agrees to comply with the Early Work Regulations and the Early Work Permit (the "Early Work"). 2.Developer herewith tenders its early work performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $54,000.00. 3.In the event of default by Developer or failure of Developer to complete the Early Work within the time required by the Early Work Regulations and Early Work Permit, Collier County, may call upon the early work performance security to insure satisfactory completion of the Early Work. 4.The Early Work shall not be considered complete until Developer notifies the County that the Early Work is complete and the final Early Work is reviewed and approved by the County Manager or designee for compliance with the Early Work Regulations. 5.The County Manager or designee shall, within sixty (60) days of receipt of notification by Developer in writing that the Early Work is complete, either: a) notify Developer in writing of his approval of the Early Work; or b) notify Developer in writing of his refusal to approve the Early Work, therewith specifying those conditions which Developer must fulfill in order to obtain the County Manager's approval of the Early Work. 6.In the event Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or designee may call upon the early performance security to secure satisfactory completion, repair and maintenance of the Early Work. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the Early Work. The Develo�er, as �rincipal under the early performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and 16.A.10.b Packet Pg. 656 Attachment: Bond Basis (15020 : EWA Bond Release - Tree Farm) 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. 7.All of the terms, covenants and conditions herein contained are and shall be binding upon Developer and the respective successors and assigns of Developer. IN WITNESS WHEREOF, the Board and Develop�r have caused t executed by their duly authorized representatives this \ 8-\iA. day of -�------- 2020 _. ATTEST: Crystal K. Kinzel, CLERK By: --------- CI erk of the Circuit Court & Comptroller Collier County, Florida �proved as to form and legality: JJ__,UUc_ l>_ ��� Derek .D,. Pe rh Assistant County Attorney 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 corporation, Its: Mana BOARD OF COUNTY COMMISSIONERS OF C�R c9uN�ORIDA By:��•//L�/J/t.q,ifp'7"' /�c., (.eb.,,, as designee of the County Manager pursuant to Resolution No. 2015-162 16.A.10.b Packet Pg. 657 Attachment: Bond Basis (15020 : EWA Bond Release - Tree Farm) Exhibit "A" Bond No. 20176307 PERFORMANCE BOND FOR EARLY WORK AUTHORIZATIONS KNOW ALL PERSONS BY THESE PRESENTS: that {hereinafter referred to as "Owner") and WPPI Naples TF, LLC 9800 Connecticut Drive Crown Point, IN 46307 (219} 757-3727 The Guarantee Company of North America USA One Town Square, Suite 1470 Southfield, 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 Fiftv-Four Thousand Dollars ($54,000.00) 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 has submitted for approval by the Board a certain Early Work Authorization Permit No. PL20200000742 and that certain Early Work Authorization 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 completion of the work and approval by the County of the specific improvements described in the Land Development Regulations, or until issuance of a subsequent final development order such as an Site Development Plan (SOP) or Subdivision Plat and Plans (PPL) (hereinafter the "Guaranty Period")or until replaced by a new bond in the event of a change in 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 separate 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. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 29th day of October, 2020. 16.A.10.b Packet Pg. 658 Attachment: Bond Basis (15020 : EWA Bond Release - Tree Farm) WITNESSES: uL/4 � STATE OF Flor, 64COUNTY OF �c�· o�l l�,t'�C ___ _ . \ Exhibit "A" 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. n Indiana corporation, Its: Manager ACKNOWLEDGEMENT THF_/nREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFO ifpHYSICAL PRESENCE OR OOLINE NOTARIZATION THIS 13 "' DAY OF t-'2020, BYJ.MATT CHAMBERS AS TREASURER OF WMB CORP., an INDIANA CORP RATION WHO ISPERSONALLY KNOWN TO ME, OR HAS PRODUCED OF � ___ AS IDENTIFICATION. De.(\: <Y L1 Gev'\SL Nota Public -State of fl o i..l � l'.A... WITNESSES: A�M�Q m&Ck, Printed Name Cbarl�Q S 1 �-p)cA Charlene Simpson Printed Name ACKNOWLEDGMENT KIM 0. DAVIDSON �laty P,Jtiic -Slate of � da Comm.'ssioll # GG 154 782 My Comm. Ex�res Feb 19, 2022 &med mugh Nalialal � Assn. (SEAL} 16.A.10.b Packet Pg. 659 Attachment: Bond Basis (15020 : EWA Bond Release - Tree Farm) STATE OF INDIANA COUNTY OF MARION Exhibit "A" THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF PHYSICAL PRESENCE OR ONLINE NOTARIZATION THIS 29 TH DAY OF OCTOBER, 2020, BY KEITH CORDER AS ATTORNEY-IN-FACT OF THE GUARANTEE COMPANY OF NORTH AMERICA USA WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED OF _______ AS IDENTIFICATION. Notary Public -State of Indiana ROBIN L. YOUNG Notary Public, State of Indiana SEAL Commission Number 0645033 My Commission Expires June 10, 2021 (SEAL) 16.A.10.b Packet Pg. 660 Attachment: Bond Basis (15020 : EWA Bond Release - Tree Farm) THE GUARANTEE ®The Guarantee Company of North America USA Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Keith Corder, Daniel C. Appel, Kathleen T. DeVito, Robin Young, Andrew Appel Gregory & Appel, Inc. its true and lawful attorney(s}-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or pennitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st 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 of the Company, and attach the Seal of the Company thereto, 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. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of 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. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of 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 signature of any authorized officer and the seal of the 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 effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of March, 2018. STATE OF MICHIGAN County of Oakland THE GUARANTEE COMPANY OF NORTH AMERICA USA Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary On this 1st day of March, 2018 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is 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; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2024 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GU�ANTEE COMPAtfr,QF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by T � G1JARA TEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. J' .... ,\i' ,� }l'f"j;! � I IN WITNESS WHEREOF, ���eµnto sef.ln� 1 •��d and atta_ched the seal of said Company this 29th day of October ;;' ({ ....,�._ ,,,,._ {t,_ w r-' � ·�· "i,' ,<; ! � .. · / ,;;;-.�, ', ?-� f -"- '/ / .-<, .. :'-1-\1'.. ,81 $ i!, � "), � (" c?f j �I" r.,,,. ,,_ ..,.�,.r ;,-�--t()-, , ' • I . ""'• � �� .. , .. p� •' • '4.! ( i1 l),i •1 _": r ,.• �,.�� ,. ___ ... -.,;.� . w'"' \)_.,_,,;.... . .. -I Randall Musselman, Secretary 2020 16.A.10.b Packet Pg. 661 Attachment: Bond Basis (15020 : EWA Bond Release - Tree Farm) CERTIFICATE OF INCUMBENCY I, Jason S. Weisler, hereby certify to you that I am the duly elected and qualified Secretary of WMB Corp, an Indiana corporation (the "Company'"), and that, as such, I am authorized to execute this Certificate on behalf of the Company, and I further certify that the persons na med below are duly elected, qualified and acting officers of the Company, holding the offices set forth below at the date hereof and that the specimen signature opposite each officer's name is the true and genuine signature of such officer. Name Specimen Signature Office J.Matthew Chambers (}lt Treasurer Jason S. Weisler �f1'M--Secretary I/ l further certify that the Company is the Manager of WPPl/HS Naples TF Investment, LLC ("WPPI/HS"), and that WPPI/HS is the Operating Member of WPPI/WL Tree Farm, LLC ("WPPI/WL"), and that WPPI/WL is the Sole Member of WPPJ Naples TF, LLC (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 Member of the Sole Member of the Property Owner to execute and deliver any zoning applications, permit applications, permits, bonds, plats, performance agreements (including without limitation Excavation Performance Agreements) or other documents or agreements necessary or desirable for the Property Owner's development or operation of the Property Owner's property located in Naples, Florida. You may conclusively rely on this Certificate until fonnally advised by a like certificate of any changes herein. IN WITNESS WHEREOF, I have hereunto affixed my signature effective as of this 31 st day of August, 2020. / /'M__ fsoo S. Weisler, Secretary I, J. Matthew Chambers, hereby certify to you that I am the duly elected and qualified Treasurer of the Company, and further certify that the specimen signature opposite Jason S. Weisler's name is the true and genuine signature of such Jason S. Weisler. J.Matthew Chambers, Treasurer Z:\Legal\ WPP) Legall WPPJ\l'rojccts\Naples Tree Fnrm\WPl'J Naples TF. LLC\Certificatc of Incumbency County 8-31-20.docx 16.A.10.b Packet Pg. 662 Attachment: Bond Basis (15020 : EWA Bond Release - Tree Farm)