Agenda 06/13/2023 Item #16A9 (Release of a Performance Bond in the amount of $25,000 for work associated with Christ the King Church - PL20200001049)16.A.9
06/13/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $25,000
which was posted as a guarantee for Excavation Permit Number PL20200001049 for work associated with
Christ the King Church.
OBJECTIVE: To release security which was posted as a development guarantee.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively as
guaranties for developer commitments in accordance with Section 22-115 of the Collier County Code of
Ordinances. The work associated with this security has been inspected and the developer has fulfilled his
commitments with respect to this security. The Performance Bond was posted as security for an Excavation Permit
associated with Christ the King Church. The As -Built lake cross sections have been received and the lake has been
inspected on April 18, 2023 by the Development Review Division.
FISCAL IMPACT: Performance Bond securities are held as a development guarantee 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. - DDP
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the amount of
$25,000. 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, Project Manager I, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
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16.A.9
06/13/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doe ID: 25348
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $25,000 which was posted as a guarantee for Excavation Permit Number PL20200001049 for work associated
with Christ the King Church.
Meeting Date: 06/13/2023
Prepared by:
Title: Technician — Development Review
Name: Lucia Martin
04/21/2023 11:00 AM
Submitted by:
Title: Environmental Specialist — Growth Management and Community Development Department
Name: Jaime Cook
04/21/2023 11:00 AM
Approved By:
Review:
Growth Management and Community Development Department Diane Lynch
Development Review Brett Rosenblum Additional Reviewer
Operations & Regulatory Management Michael Stark Additional Reviewer
Engineering & Natural Resources Jack McKenna Additional Reviewer
Transportation Management Operations Support Evelyn Trimino
Growth Management and Community Development Department Jaime Cook
Growth Management and Community Development Department James C French
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Derek D. Perry
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke
Additional Reviewer
Geoffrey Willig
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Growth Management DepartmentCompleted
04/21/2023 4:56 PM
Completed 04/24/2023 9:43 AM
Completed 04/25/2023 8:18 AM
Completed 05/01/2023 8:27 AM
Additional Reviewer Completed
05/05/2023 4:37 PM
Division Director Completed
05/17/2023 2:50 PM
Growth Management Completed
05/22/2023 5:37 PM
Completed 05/24/2023 8:18 AM
Completed 05/24/2023 12:28 PM
Completed 05/26/2023 4:24 PM
Completed 05/30/2023 4:40 PM
Completed 06/05/2023 10:33 AM
06/13/2023 9:00 AM
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16.A.9.a
CHRIST THE KING CHURCH
LOCATION MAP
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16.A.9.b
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this g-,-,17)4A day of
207,1 between Christ The King Orthodox Presbyterian Church, Inc. hereinafter
referred to s "Developer," and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the "Board".
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et al. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (collectively, the "Excavation
Regulations"); and
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No. PL.20200001049 (the
"Excavation 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:
Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
2. Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $25,000.00.
3. In the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
4. The Excavation Work shall not be considered complete until Developer notifies the
County that the Excavation Work is complete and the final Excavation Work is
reviewed and approved by the County Manager or designee for compliance with
the Excavation Regulations.
5. The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, either: a)
notify Developer in writing of his approval of the Excavation Work; or b) notify the
Developer in writing of his refusal to approve the Excavation Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation 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 excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation 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
Excavation Work. The Developer, as principal under the excavation performance
security, shall be liable to pay and to indemnify the Board, upon completion of such
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16.A.9.b
7
construction, the final total cost to the Board thereof, including, but not limited to,
..engineering, legal and 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.
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 Developer _ have caused this Agreement to be
1�
executed by their duly authorized representatives this � day of f-20,�_(.
SIGNED N T P ESENCE OF:
Sign:
VA 6 LU GGvt-Lr S
Printed Name
i n:
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By: ___
Clerk of the Circuit Court & Comptroller
Collier County, Florida
roved as to form and legality
Derek D. Perm
Assistant County Attorney
Christ The King Orthodox Presbyterian
Church, Inc,
By: Eric R. Hausler
Pastor, Christ The -King Orthodox Presbyterian
Church, Inc.
Provide Proper Evidence of Authority
BOARD OF COUNTY COMMISSIONERS
OF CO>�L R COUNTY.
By: �—
as designee of the County Manager
pursuant to Resolution No. 2015-162
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Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
2021809220
Transaction Number:
2021-007153
Date Paid:
01/27/2021
Amount Due:
$25,000.00
Payment Details:
Payment Method Amount Paid Check Number
Check $25,000.00 2422
Amount Paid:
$25,000,00
Change / Overage:
$0.00
Contact:
CHRIST THE KING ORTHODOX PRESBYTERIAN CHURCH INC
3400 RADIO ROAD UNIT 107
NAPLES, FL 34104
FEE DETAILS:
Fee Description Reference Numr Original Amount GL Account
Fee Pad
Refundable Bonds PL20200001049 $25,000.00 $25,000.00 670-000000-220113
Cashier Name: AlinaHarris
Batch Number: 9787
Entered By: monroig_i
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SIGNING AUTHORITY
2020 FLORIDA NOT FOR PROFIT CORPORATION ANNUAL REPORT FILED
DOCUMENT# N17000001949 Jan 29, 2020
Entity Name: CHRIST THE KING ORTHODOX PRESBYTERIAN CHURCH, INC. Secretary of State
1748107781 CC
Current Principal Place of Business:
3400 RADIO ROAD
#107
NAPLES, FL 34104
Current Mailing Address:
3400 RADIO ROAD
#107
NAPLES, FL 34104
FEI Number: 82-4604232 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
HAUSLER, ERIC R
7563 BERKSHIRE PINES DRIVE
NAPLES, FL 34104 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer/Director Detail
Title P
Name HAUSLER, ERIC R
jAddress 7563 BERKSHIRE PINES DRIVE
,Pity -State -Zip: NAPLES FL 34104
Title
T
Name
LUND, DEAN R
Address
745 REGENCY RESERVE CIRCLE
#5201
City -State -Zip:
NAPLES FL 34119
Title VP
Name BAKER, JERRY A
Address 1370 CAXAMBAS COURT
City -State -Zip: MARCO ISLAND FL 34145
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that 1 am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE: DEAN R. LUND TREASURER 01/29/2020
Electronic Signature of Signing Officer/Director Detail Date
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