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HomeMy WebLinkAboutWPO202200024 Correspondence 2023-01-12 (8)Phil Horwitch From: Ana Kilmer <akilmer@albemarle.org> Sent: Thursday, October 27, 2022 4:06 PM To: Ian Susslin; Morgan Zinger Cc: Matthew Wentland Subject: RE: WPO-2022-00024 Rivanna Solar - Stormwater Agreement Attachments: Bond_Letter_of_Credit_Sample_Form.pdf Ian: Attached is the sample letter of credit. Language on the letter of credit cannot be edited without the approval from our county attorney's office. Thank P.s. Stormwater agreement has been approved. I need to deliver it to engineering so they can record it at the clerk's office Ana D. Kilmer Program Administrator Community Development Department County of Albemarle akilmer0al bemarle.org Office: 434-296-5832, ext. 3246 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Ian Susslin <isusslin@adapturerenewables.com> Sent: Wednesday, October 26, 2022 2:29 PM To: Ana Kilmer <akilmer@albemarle.org>; Morgan Zinger <mzinger@adapturerenewables.com> Cc: Matthew Wentland <mwentland@albemarle.org> Subject: RE: WPO-2022-00024 Rivanna Solar-Stormwater Agreement Importance: High CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Ana, Good morning. When I spoke with you a couple of weeks ago, you mentioned that the County has certain requirements for the Letter of Credit. Could you please send those over? This way we can get everything organized for when we need to give the county the letter of Credit. Thank you, Ian Susslin I isusslin@adapturerenewables.com Project Engineer I Direct: 510.710.5666 Adapture Renewables, Inc. 11901 Harrison Street, Suite 1630, Oakland, CA 94612 From: Ana Kilmer <akilmer@albemarle.org> Sent: Tuesday, October 4, 2022 2:16 PM To: Ian Susslin <isusslin@adapturerenewables.com>; Morgan Zinger <mzinger@adapturerenewables.com> Cc: Matthew Wentland <mwentland@albemarle.ora> Subject: RE: WPO-2022-00024 Rivanna Solar - Stormwater Agreement Ian: Below is information on how to post the bond. In this case, Rivanna Solar LLC will co -bond with Ms. Sweeney (owner of record). When the bond estimates are ready, you can bond the wpo components (erosion, stormwater, mitigation if applicable) in one water protection performance bond. I will format the bond agreement and any applicable forms for you. Posting a Performance Bond The bond agreement shall be completed, executed and submitted, along with any of the applicable supporting documentation noted below to the Program Administrator for approval by the county attorney and county engineer or zoning administrator. 1. Surety with a Bonding Company The Performance Bond with Surety" agreement is completed by the landowner and the surety company. An original power of attorney for the individual signing for the surety company shall be attached to the bond. The bond shall be signed by a Virginia Resident Agent of the surety. Virginia Resident Agent needs to provide his/her Virginia Office Address and Phone Number. 2. Collateral Assignment of Certificate of Deposit: The Performance Bond Agreement shall be completed and executed by the landowner. Both the landowner and the financial institution must complete the Collateral Assignment form. Landowner must provide evidence that the certificate of deposit is an automatic renewing certificate of deposit and an original receipt of the certificate of deposit. 3. Certified or Cashier's Check: The Performance Bond Agreement and the Request for Taxpayer Identification Number (Form W-9) shall be completed and executed by the landowner. The cashier's check shall be made payable to County of Albemarle. Cashier's Check is deposited in an interest bearing performance bond account maintained by the County. 4. Letter of Credit: The Performance Bond Agreement shall be completed and executed by the landowner. The Letter of Credit -Sample shall be used as a guide by the landowner's financial institution to prepare the letter of credit. 5. Personal Check/Company Check: The Performance Bond Agreement and the Request for Taxpayer Identification Number (Form W-9) shall be completed and executed by the landowner. The check shall be made payable to County of Albemarle. Check is deposited in an interest bearing performance bond account maintained by the County. NOTE: When the bond is secured with a personal check or company check, the bond cannot be routed for approval until the check clears the bank. This process can take up to 5 working days or longer. 6. The contractor alone cannot post any bonds. The contractor and the landowner can post a bond. If the contractor is going to be part of the bonding process, the contractor needs to provide supporting documentation that demonstrates the authority of the officer/person that will execute the bond agreement on behalf of that entity. Signature information needs to be reviewed/approved by our County Attorney prior to starting the bonding process. 7. Signature information (LLC, Trust, Corporation, LP, etc) needs to be reviewed/approved by our County Attorney prior to starting the bonding process. Attached is the request to establish a bond/fee. Please submit to my attention. I don't think we are ready for the request yet, but I am copying Matt for his input. Thank you Ana D. Kilmer Program Administrator Community Development Department County of Albemarle akilmer@aIbemarie.org Office: 434-296-5832 ext. 3246 401 McIntire Road, North Wing, Charlottesville, VA 22902 From: Ian Susslin<isusslin@adapturerenewables.com> Sent: Tuesday, October 4, 2022 3:58 PM To: Ana Kilmer <akilmer@albemarle.org>; Morgan Zinger<mzinger@adapturerenewables.com> Cc: Matthew Wentland <mwentland@albemarle.ore> Subject: RE: WPO-2022-00024 Rivanna Solar-Stormwater Agreement Importance: High CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Ana, Thank you for sending this over. I will get it wet signed by all parties. For the Bond that is connected to the SWM Access agreement, does that county accept Letters of Credit, Cash Deposits or parent guarantee? Thank you and let me know if you have any questions. Ian Susslin I isusslinC@adapturerenewables.com Project Engineer I Direct: 510.710.5666 Adapture Renewables, Inc. 11901 Harrison Street, Suite 1630, Oakland, CA 94612 From: Ana Kilmer <akilmer@albemarle.org> Sent: Tuesday, October 4, 2022 11:43 AM To: Ian Susslin <isusslin@adapturerenewables.com>; Morgan Zinger <mzinger@adapturerenewables.com>; altaleagle@sprintmail.com Cc: Matthew Wentland <mwentland@albemarle.org>; Ana Kilmer <akilmer@albemarle.org> Subject: WPO-2022-00024 Rivanna Solar - Stormwater Agreement Attached is the stormwater agreement that needs to be executed by Ms. Carolyn P. Sweeney and Mr. Zack Zoller, Please return original agreement with wet signatures to my attention. The language of the agreement cannot be edited. Rivanna Solar LLC If this agreement is being executed in another State, please remind the notary to cross over the Commonwealth of Virainia and write State of XXXX where the agreement is being notarized. Please let me know if you have any questions Thank you Ana D. Kilmer Program Administrator Community Development Department County of Albemarle akilmer@albemarle.org Office: 434-296-5832 ext. 3246 401 McIntire Road, North Wing, Charlottesville, VA 22902 IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Adapture Renewables. may contain information that is confidential and legally privileged. Please do not read, copy, forward, or store this message unless you are an intended recipient of it. If you have received this message in error, please forward it to the sender and delete it completely from your computer system. IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Adapture Renewables. may contain information that is confidential and legally privileged. Please do not read, copy, forward, or store this message unless you are an intended recipient of it. If you have received this message in error, please forward it to the sender and delete it completely from your computer system.