Agenda 09/14/2021 Item #16A41 (Waive the Performance Security for J.C. Drainfield Repair, Inc., release LOC)09/14/2021
EXECUTIVE SUMMARY
Recommendation to waive the performance security requirement of a Settlement Agreement
between the Board of County Commissioners and J.C. Drainfield Repair, Inc. and authorize the
Clerk of Courts to release a Letter of Credit in the amount of $50,000.
OBJECTIVE: To waive a Settlement Agreement’s performance security requirement and release the
related security.
CONSIDERATIONS: On January 28, 2006, in order to resolve a violation of the Industrial
Pretreatement Ordinance (Ord. No. 2003-18, as amended), the Board of County Commissioners entered
into a Settlement Agreement and Release with J.C. Drainfield Repair, Inc. The Settlement Agreement
required J.C. Drainfield Repair, Inc. to post performance security in the amount of $50,000 as a condition
to receive a discharge permit (paragraph 5). Since the approval of the Settlement Agreement, J.C.
Drainfield Repair, Inc. has complied with the Settlement Agreement and Industrial Pretreatment Program.
As such, Collier County Wastewater staff is recommending that the Settlement Agreement’s performance
security requirement be waived and the Letter of Credit be released.
FISCAL IMPACT: There is no fiscal impact associated with this action.
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 waive the Settlement Agreement’s performance security requirement and
authorize the Clerk of Courts to release a Letter of Credit in the amount of $50,000. Development Review
staff 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. Letter of Credit (PDF)
3. Settlement Agreement - JC Drainfield (PDF)
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09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.41
Doc ID: 17643
Item Summary: Recommendation to authorize the Clerk of Courts to release a Letter of Credit in
the amount of $50,000 which was posted as part of a Settlement Agreement between the Board of County
Commissioners and J.C. Drainfield Repair, Inc. to comply with the requirements of the Industrial
Pretreatment Ordinance.
Meeting Date: 09/14/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
08/02/2021 5:09 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
08/02/2021 5:09 PM
Approved By:
Review:
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/02/2021 5:55 PM
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 08/02/2021 6:04 PM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 08/04/2021 2:14 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 08/06/2021 11:10 AM
Growth Management Department Jaime Cook Additional Reviewer Completed 08/09/2021 9:07 PM
Growth Management Department Trinity Scott Transportation Skipped 08/09/2021 9:23 AM
Growth Management Department Mike Bosi Growth Management Completed 08/10/2021 2:44 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/18/2021 3:02 PM
Wastewater Beth Johnssen Additional Reviewer Completed 08/18/2021 5:46 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/19/2021 8:40 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/19/2021 4:44 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/25/2021 1:54 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/01/2021 11:42 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
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JC DRAINFIELD
LOCATION MAP
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Packet Pg. 1082 Attachment: Location Map (17643 : Bond Release - J.C. Drainfield Repair, Inc.)
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 101
ISSUERS IDENTIFICATION NUMBER 6000000375]
ISSUER: Hillcrest Bank Florida, 5325 Airport Road,Naples, FL 34109(hereinafter"Issuer").
PLACE AND DATE OF ISSUE: Naples, Collier County, Florida. Issued December 6,2006
PLACE OF EXPIRY: At Issuer's counters located at 5325 Airport Road,Naples, Florida 34109.
DATE OF EXPIRY: This Credit shall be valid until December 5, 2007, and shall thereafter be
automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty
60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing to staff(at
Engineering Review Services, 2800 N. Horseshoe Dr., Naples FL 34104) by registered mail that the
Issuer elects not to so renew this Credit.
APPLICANT: JC Drainfield, Inc. and J.W. Craft (hereinafter "Applicant"), 768 Commercial Boulevard,
Naples, Florida 34104.
BENEFICIARY: The Board of County Commissioners, Collier County, Florida(hereinafter
Beneficiary") Collier County Courthouse Complex,Naples, Florida, 34112.
AMOUNT: $50,000.00(U.S.)up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S)AT SIGHT DRAWN ON
THE ISSUER AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S
STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: JC
Drainfield, Inc. and J.W. Craft have failed to comply with Collier County Ordinance 03-18, as amended,
known as the "Industrial Pretreatment Ordinance".
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "Drawn under
Hillcrest Bank Florida, Letter of Credit No. 101 dated December 6, 2006". The original letter of credit
and all amendments, if any, must be presented for proper endorsement.
This Letter of Credit sets forth in full the terms of the Issuer's undertaking, and such undertaking shall not
in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement
referenced to herein or in which this letter of credit relates, and any such reference shall not be deemed to
incorporate herein by reference any document, instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this
credit will be duly honored by Issuer if presented within the validity of this credit.
This credit is subject to the Uniform Customs and Practice for Documentary Credits [1993 (or later
generally applicable)Revision] International Chamber of Commerce Publication No. 500.
HILLCREST BANK FLORIDA
on Rucke resident
41
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Packet Pg. 1083 Attachment: Letter of Credit (17643 : Bond Release - J.C. Drainfield Repair, Inc.)
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Packet Pg. 1084 Attachment: Settlement Agreement - JC Drainfield (17643 : Bond Release - J.C. Drainfield Repair, Inc.)
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Packet Pg. 1085 Attachment: Settlement Agreement - JC Drainfield (17643 : Bond Release - J.C. Drainfield Repair, Inc.)
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Packet Pg. 1086 Attachment: Settlement Agreement - JC Drainfield (17643 : Bond Release - J.C. Drainfield Repair, Inc.)
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Packet Pg. 1087 Attachment: Settlement Agreement - JC Drainfield (17643 : Bond Release - J.C. Drainfield Repair, Inc.)
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Packet Pg. 1088 Attachment: Settlement Agreement - JC Drainfield (17643 : Bond Release - J.C. Drainfield Repair, Inc.)
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Packet Pg. 1089 Attachment: Settlement Agreement - JC Drainfield (17643 : Bond Release - J.C. Drainfield Repair, Inc.)
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Packet Pg. 1090 Attachment: Settlement Agreement - JC Drainfield (17643 : Bond Release - J.C. Drainfield Repair, Inc.)
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Packet Pg. 1091 Attachment: Settlement Agreement - JC Drainfield (17643 : Bond Release - J.C. Drainfield Repair, Inc.)
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Packet Pg. 1092 Attachment: Settlement Agreement - JC Drainfield (17643 : Bond Release - J.C. Drainfield Repair, Inc.)