Agenda 04/14/2026 Item #16A5 (County Manager or designee to release the UPS for Greystar MF Santa Barbara Phase 1, PL20240009049)4/14/2026
Item # 16.A.5
ID# 2026-537
Executive Summary
Recommendation to authorize the County Manager, or designee, to release the Utilities Performance Security (UPS) in
the amount of $46,876.40 to the Project Engineer or Developer’s designated agent for Greystar MF Santa Barbara –
Phase 1. [PL20240009049]
OBJECTIVE: To have the 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
$46,876.40, in accordance with the Collier County Utility Standards and Procedures, Ordinance No. 2004-31, as
amended.
CONSIDERATIONS:
1. On February 25, 2025, the Board granted final acceptance of utilities in Greystar MF Santa Barbara – Phase 1.
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 February 25, 2026, and the Utilities Performance Security (UPS) in
the amount of $46,876.40 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 guaranty 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. - SAA
RECOMMENDATION(S): To authorize the County Manager, or designee, to release the Utilities Performance
Security (UPS) in the amount of $46,876.40. Development Review staff will issue a Memorandum to the Clerk of
Courts upon approval of this item by the Board, advising the Clerk of this action.
PREPARED BY: Lucia S. Martin, Project Manager I, Development Review Division
ATTACHMENTS:
1. Location Map
2. Utilities Performance Security Bond
Page 552 of 3203
GREYSTAR MF SANTA BARBARA – PHASE 1
LOCATION MAP
Page 553 of 3203
UTILITIES PERFORMANCE BOND
Bond Number 800188258
KNOW ALL PERSONS BY THESE PRESENTS:
THAT GS Naples Owner, LLC, a Delaware limited liability company, whose address is 465 Meeting
St. #500, Charleston, SC 29403 (hereinafter referred to as "Owner"), and Atlantic Specialty Insurance
Company,whose address is 605 Highway 169 North,Suite 800,Plymouth,MN 55441(hereinafter referred
to as "Surety"), are held and firmly bound unto Collier County,Florida,whose address is 3299 Tamiami
Trail East, Naples, FL 34112 (hereinafter called "County"), in the total aggregate penal sum of forty six
thousand eight hundred and seventy six dollars and 40/100 cents ($46,876.40) 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 30th day of June,2023, a copy of which is hereto attached
as Exhibit"A"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.
Page 1 of 4
ACTIVE 703625819v2
Page 554 of 3203
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 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 Instrument to be executed this
27th day of November,2024.
OWNER: Witnesses:
GS Naples Owner,LLC,
a Delaware limited liability company
ignature)
Print name: tti t 1(tore-
By: %dam Address: "1€ t Lc,s OIwS (3c b "01
AnaPtdrajo,Vice President t,ckiLick-e/ FL :33 1
465 Meeting St. #500 Signature)
Charleston, SC 29403 Print name: 0-r z2
Principal Business Address)Address: 7A, E_ c.4s
f=T 33 /
STATE OF ri
COUNTY OF by vk d
The foregoing instrument was acknowledged before me by means of() physical presence or ( ) online
notarization, this
1)•
day of December, 2024 by Ana Pedrajo as Vice President of GS Naples Owner,
LLC,a Delaware limited liability company, on behalf of said company, who i personally known o me
or has produced as identification.
betUlk-9CHRISTIEL.KIELTY Printed Name: C•Wh5r+U
MY COMMISSION#HH 189330 1
r;5 :* NotaryriPublic, State of 510 daAz..:4 EXPIRES:November 12,2025
ofP;:?"' Battled ruNo aryPublicundor aers Commission No. )gq 320
My commission expires: ll I g- ' V 2
Page 2 of 4
ACTIVE 703625819v2
Page 555 of 3203
SURETY: Witnesses:
Atlantic Specialty Insurance Company
11'44Y14-9t^
1—
CtitBy: _ —1_ Signae)
Print Name:Misty WI Print name: Jessica Richmond
Title: Attorney-In-Fact Address: 500 Dallas Street, Suite 1500, Houston TX 77002
s,
605 Highway 169 North, Suite 800411-.
Plymouth, MN 55441 Signature)
Principal Business Address) Print name:
Address: 500 Dallas Street, Suite 1500, Houston TX 77002
STATE OF TEXAS
COUNTY OF HARRIS
The foregoing instrument was acknowledged before me by means of( ) physical presence or ( ) online
notarization, this 27th day of November, 2024 by Misty Witt as Attorney-In-Fact of
Atlantic Specialty Insurance Company, on behalf of said company, who is personally known to me or
has produced personally known as identification.
Laura E Sudduth
My Commission Expires
t 1/21/2026
Notary ID
I
co 128286996 I Printed Name: Laura F Sudduth
Notary Public, State of Texas
Commission No. 128286996
My commission expires: 01/21/2026
Prepared by: Kimberly S. LeCompte, Greenberg Traurig,P.A.
333 S.E. 2nd Avenue, Suite 4400, Miami, FL 33131
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ACTIVE 703625819v2
Page 556 of 3203
intact]
INSURANCE Powero Attorney
KNOW ALL MEN BY THESE PRESENTS,that ATLANTIC SPECIALTY INSURANCE COMPANY,a New York corporation with its principal office in Plymouth,
Minnesota,does hereby constitute and appoint: Amanda R.Turman-Avina,Barbara Norton,Cristina Nino,Jennie Goonie,Jessica Richmond,Katie Canales,
Laura E.Sudduth,Madison K Diaz,Mario Arzamendi,Mary Ann Garcia,Misty Witt,Stephanie Gross,Teuta Luri,each individually if there be more than one
named,its true and lawful Attorney-in-Fact,to make,execute,seal and deliver,for and on its behalf as surety,any and all bonds,recognizances,contracts of indemnity,and all
other writings obligatory in the nature thereof;provided that no bond or undertaking executed under this authority shall exceed in amount the sum of:unlimited and the
execution of such bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof in pursuance of these presents,shall be as binding upon
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 Attorney 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 full 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 attorney or to any certificate relating thereto appointing an Attorney-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. 1
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 first day of January,2023.
4i GppP0ft4. 2a=;
y SEAL m
L. 1986 o By
STATE OF MINNESOTA 4. w roP .kS Sarah A.Kolar,Vice President and General Counsel
HENNEPIN COUNTY d * t-.•`'
On this first day of January,2023,before me personally came Sarah A.Kolar,Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY,to
me personally known to be the individual and officer described in and who executed the preceding instrument,and she acknowledged the execution of the same,and being by me
duly sworn,that she 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.
i :.i..HESr T. ALISON D. NASH-TROUT `
NOTARY PUBLIC-MINNESOTA JIrly:IN r'
I :.*,. _
4: My Commission Expires
4y;yr.,. January 31,2030 1 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. Dated 27th day of November 2024,
a
e \ 9 a
4. `p,PONte 10;
i 0- SEAL -m;
of
This Power of Attorney expires ems '?I roP a
January 31,2030 aa° Kara L.B.Barrow,Secretary
Please direct bond verifications to surety@intactinsurance.com
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