Agenda 01/13/2026 Item #16A 1 (Clerk of Courts to release a Performance Bond for Excavation Permit Number PL20230006651 )1/13/2026
Item # 16.A.1
ID# 2025-4822
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $37,640, which was
posted as a guaranty for Excavation Permit Number PL20230006651 for work associated with St. Katherine’s Greek
Orthodox Church.
OBJECTIVE: To release a security which was posted as a development guaranty.
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 its commitments with respect to this
security. The Performance Bond was posted as security for an Excavation Permit associated with St. Katherine’s Greek
Orthodox Church. The As-Built lake cross sections have been received, and the Development Review Division
inspected the lake on November 18, 2025.
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. - CLD
RECOMMENDATION(S): To authorize the Clerk of Courts to release the Performance Bond in the amount of
$37,640. Development Review staff will issue a Memorandum to the Clerk of Courts upon approval of this item by the
Board of County Commissioners, advising the Clerk of this action.
PREPARED BY: Lucia S. Martin, Project Manager I, Development Review Division
ATTACHMENTS:
1. Location Map
2. Bond Basis
Page 5497 of 14062
ST. KATHERINE’S GREEK ORTHODOX
CHURCH
LOCATION MAP
Page 5498 of 14062
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 23rd day of
March 2023 between Slena Lak$. LLC hereinafier refened 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 Excavation Permit in accordance with Section
22-106, et al. of lhe Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (collectjvely, the "Excavation
Regulations"); and
WHEREAS, the Excavation Regulations requlre the Developer to post appropriate
guaranlees and execute an Excavation Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permil No. fu!2!!pg,91f/ (he
'Excavation Permit').
NOW THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafier 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 WorlC).
Developer herewith tenders its Excavation Performance Security (attached hereto
as Exhlblt "A" and by reference mede a part hetroo a cash bond in tho
emount of $37,640.00.
1
2
3 ln 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 excavalion performance
security to insure satisfactory completion of the Excavation Work.
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.
The County Manager or designee shall, within sixty (60) days of receipt of
notificalion 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
Counly Manage/s approval of lhe Excavation Work.
ln the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon c€rtification of such failure, the County Manager or designee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance ofthe Excavation Work. The Board shall have
the right to conslrucl 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 indemnih/ the Board, upon completion of such
construction, the final total cost to the Board thereof, including, but not limited to,
engineering, legal and contingent cosls, together with any damages, either direct
o
4.
Page 5499 of 14062
7
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.
#1 Signature
SIENA LAKES, LLC
(Name of Entity)
Christian Sweetser, Chief Financial Officer
(Provide Proper Evidence of Authority)
lN WTNESS WHEREOF, the Board and Develqpgq have caused this Agreement to be
executed by their duly authorized representatives this{day of March 2023.
SIGNED IN THE PRESENCE OF:
\Mtness
\Mtness #2'-T*<,', L t-V"rp
\Mtness #2 Prinlbd Name
7ffTffiI:
ffi
r@
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Development Review Division,
as designee of the County Manager
pursuant to Resolution No. 2015-162
qr:
lity:
Derek D. Peny, Assistant
as
llt20llwl fi15 . Go?r.dbn\Ercdlon PcilonrE AtcBd a Pcrfo,,irr 6oid Dos\qr.6lon hd.mE.ltffit - DZ, (Zl!01l TIiq
Page 5500 of 14062
Exhibit ee A"
EXCAVATION PERFORT\4ANCE SECU RITY
(CASH BOND)
H:U015U015035 - GoENqvatioilErcavalion Pefonmrce Agrecmcd & Perfoffi BoId Ocs\E$.mdon PcrfoMc Agrmcil - 2023 (23031?) dex
Page 5501 of 14062
4 It
RECEIPT OF PAYMENT
tbxk,
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Description
Refundable Bonds
Cashier Name:
Batch Number:
Entered By:
20237076764
2023-037837
o4/1212023
$37,640.00
Pafment Method
Check
Reference Number
P12023000665 1
Vanessa, McHenry
11927
monroig_i
Amount-Pard
$37,640.00
Check Number
323462
$37,640.00
$0.00
ERICKSON LIVING MANAGEMENT AS AGENT FOR SIENA LAKES LLC
701 MAiDEN CHOICE LANE
CATONSVILLE, MD 31228
Orioinal
Fee
$37,640.00
AmouLrt
Paid
$37,640.00
GL Account
1 3 1 - 0 0 0 00 0 -2207t3
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 341A4
Page 5502 of 14062
64-127816t
AMOUNT
$""37,640.00
COUNTY COMMISSIONERS VOIO AFTER 9 DAYS
H
E rickson Living M anagement
Slena Lakes, LLC
701 Maiden Choice Lane
Catonsville, Maryland 21228
Bank of Amerlca
CHECK NO
323462
OATE
THIRTY SEVEN THOUSAND SIX HUNDRED FORTY AND OO/100""'*
TO THE
ORDER OF
Page 5503 of 14062
Exhibit '18"
Evidence of Signing Authority
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Page 5504 of 14062
H
Erickson
SENIOR LIVING-
February 7, 2023
Collier County Growth Management Department
2800 North Horseshoe Drive
Naples, FL 34704
Ladies and Gentlemen:
This is to certify that Christian Sweetser and John D. Hall are officers of Siena Lakes,
LLC pursuant to the Written Consent of Member of Siena Lakes, LLC dated
March 1,,2022 (attached), and are duly authorized to execute any and all development
agreements, bonds, extension requests, escrow agreements, or other documents
required by Collier County on behalf of Siena Lakes, LLC. This certificate is effective
January L,2023 and remains in effect until a notice of revocation is issued.
Sincerely,
SIENA LAKES, LLC
By: Erickson Living Properties ll, LLC, its Manager
fu**#dt*By
Susan L. Oliveri, Secretary
Attachment (1)
STATE OF MARYLAND,/ COUNTY OF BALTIMORE ss:
Loti /'?l ,Sha il a Notary Public in and for the State and County
aforesaid, do hereby certify that Susan L. Oliveri, whose name is signed to the foregoing
instrument, this day personally appeared before me in the State and County aforesaid and
acknowledged the same.
?f/Given under my hand this
My commission exp
day of February, 2023
P*n4 fia')
coMMtsstoN
EXPIRES
JAN.23, 2025
Notary Public (SEAL)
83250-1
7Ol Maiden Choice ille, MD 21228 I EricksonSeniorLiving.com
l,
Page 5505 of 14062
WRITTEN CONSENT OF MEMBER
OF
ELP ASIIBURN, LLC
SIENA LAI(ES, LLC
WINDSORRUN,LLC
THE UNDERSTGNED, being the Member of the above named entities, Marytandlimited liability companies (the "Named Entities,'), acting pu$uant to Section 4,{-404 of the
Corporations and Associations Article of the Annotated Code of Maryland, and the terms of the
Operating Agreements of the Named Entities, consents to the following aciion taken without the
necessity of any formal meeting being held:
WTTEREAS: the Member hereby appoints officers for the Named Entities.
Now' THEREFORE, BE rr RESOLVED; that the persons listed on Exhibit A,
attached and incoryorated hereto, are hereby elected to hold the positions and officeJ-isted nextto their name for the entity therein indicated until the next amual election and r.rntil their
successors are duly elected and qualified;
FURTHER RESOLVED: that this Resolution shall be filed with the minutes of theNamed Entities;
FURTHER RESOLYED: that the ofhcers of the Named Entities, or any one of themacting alone, be authorized to do and perform all steps as may be ,""rrrury, prop"., o.
convenient to carry out the intent of the foregoing resolutions.
Executed as ofthe l*day of March 2022.
ERICKSON LIVINGPROPERTIES II, LLC
By:d,r^f-M,,d
Susan L. Oliveri
Secretary
81324-t
Page 5506 of 14062
EXIIIBIT A
ELECTIONS OT'OFrICERS
ELP Ashburn. LLC
Officers
R. Alan Butler:
Debra B. Doyle:
Christian Sweetser:
John D. Hall:
Susan L. Oliveri:
Siena Lakes. LLC
Officers
R. Alan Butler:
Debra B. Doyle:
Ctristian Sweetser:
John D. Hall:
Susan L. Oliveri:
Chris Rathmann:
Neal Gantert:
Mark Embley:
Windsor Run. LLC
Officers
R. Alan Butler:
Debra B. Doyle:
Christian Sweetser:
John D. Hall:
Susan L. Oliveri:
Chris Rathmann:
Neal Gantert:
Mark Embley:
ChiefExecutive Officer
Chief Operating Officer
Chief Financial Officer
Treasurer
Secretary
Chief Executive Officer
Chief Operating Officer
Chief Financial Officer
Treasurer
Secretary
Assistant Treasurer
Assistant Treasurer
Assistant Treasurer
ChiefExecutive Officer
Chief Operating Ofiicer
Chief Financial Officer
Treasurer
Secretary
Assistant Treasurer
Assistant Treasurer
Assistant Treasurer
78t324-1
Page 5507 of 14062
AFFIDAV]T OF AUTHORIZATION
FOR PETITION NUMBERS(S)
(print name),(title, if
applicable)gf * xr-r.t o,r, oo'oon o-ar rro (compa ny, lf ), swear or affirm
under oath, that I am the (choose one) ownerfz applicantf]contract and that:
'1. I have full authority to secure the approval(s) requested and to impose covenanls and restrictions on
the referenced property as a result of any action approved by the County ln accordance wilh this
application and the Land Dsvelopm€nt Code;2. All answers to the questions in this application and any sketches, data or other supplementary matter
attached hereto and made a part of this application are honest and lrue:3. I have authorized the staff of Collier County to enter upon the property during normal working hours
for the purpose of investigating and evaluating the request made through this application; and that
4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and
reslrictions imposed by the approved action.
5. We/l authorize .r.f, Lrr.., ll.c. r:.'rc.M r.ffis r'B'r- u uc, r. r.!.s,(*-i Lorrf,q !.dr.., tO act aS Our/my representative
in any matters regarding this petition including 1 through 2 above.
'Notes.'. lf the applicant is a cotpontion, then it is usually executed by the corp. pres. or v. ples.
. lt the applicant is a Limited Llability Company (L.L.C.) or Limited Company (L.C.), then the documenls sl,ourd
typically be signed by the Company's 'Managing Member.". lt the applicant is a paftnership, then typlcally a painer can sign on behalf of the paftnership.
. lf the applicant is a limited pattnership, then the genenl paftner must sign and be identitied as the "genenl
partnef of the named painershlp.
. lt the applicant is a tust, then they must include the trustoe's name and the wotds "as lrusfee".. ln each instance, lirst detetmine lhe applicant's status, e.9., lndMdual, corponte, trust, pattnership, and then
use the approptiate formdt for that ownershlp.
U psnaltles of pedury, I declaro that I have road tho forogolng Affldavlt of Authorlzation and that
e.)/U:z
ame
naturs
. Tatoo 7-? dayz
STATE OF FLORIDA
COUNTY OF COLLIER
Tte foreg_J day
oing instrument was acknowleged bofor€ me by maans of Ephysical presence or Eonline notadzation this
20 :_, by (printed name of owner or quelifier)Jm E, Tr..r.., l.r vlc. PEll..r
I Has produced
Notery Slgnature:
J
, / a.ldcntficatbn.E=-
DB{EEl( MRNB
l,fYcflu$rc tl|ta1e6it
EIPnES| hr 2,2m0
I,
Such person(s) Notary Public must chock applicable box:
@ Are personally known to me
E Has poducod a olnent ddvers license
-
the
cP\0&coA{01 l5\l 55
pJv 3t4t2020
Page 5508 of 14062
2023 FLORIDA NOT FOR PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# N33856
Entlty Namo: ST. KATHERINE S GREEK ORTHODOX CHURCH, lNC.
Curront Prlnclpal Placq o, Buslnssrl
71OO AIRPORT ROAD NORTH
NAPLES, FL 34109
curr.nt Malllng Address:
71OO AIRPORT ROAD NORTH
NAPLES, FL 34109 US
FILED
Jan '16,2o23
Socretary of State
0801868441CC
FElNumb.r 85.0'12El03
Nam. and Addroli of cur.nt R.gltt.r.d Ag.nt:
ST. KATHERINE OREEK ORTHOOOX CHURCH
7T OO AIRPORT ROAO NORIH
MPL"ES, FL 3,T109 US
Cortlflcate of Status Do6hed: No
El.dronlc sEn t r olR.sblrd &.nt
Offlcor,DlrGctor ootlll :
Tiu. PRESIOENT
N!m. PlzZ. JotlN
Mdr..t 6t39 DEl" MAR TERRACE
Clty€l.l}z9r NIPLES FL S,l'105
I!.
ch,.sLbzp:
ISTVICE PRESIOENI
TATOOLES, JAMES
8524 V].A LUNGOMARE }IO1
ESTERO FL 3392!
IL
ctr$n -41
TREASURER
VENENS. TOM
101 00i,lN6A L NE
BONITA SPRINGS FL 31i'
TL
ctfsrdlzp:
ASST. TREASURER
LYNN, RONAI.O
s3i!8 suRFEtRD CT,
NAPI-ES FL 34120
Ia
Ctl/'8ft..AS
2NO VICE PRESIDENT
ATH^N, HELEN
1275 ETH AVE lt.
MPLES FL 34102
Tt EXECUTIVE SECREIARY
otMoPouLos. c Rot
7520 PAI.iIER CT.
NAPLES FL 341T3
Oal.
Chfstd!-Zp:
Ilt.trr.?a.t6.lt.ebt!,.*Jqa*4.1-*t*hQda 5.dsta.lLlw.L!*+rL!,{l-a..'t .l.ad-rr.arra...rtlr.rr,i.*..rrhr.rh*g*,tqtnt*.t,1/',f..'tdrb.t rr.ni.rrrldrn,.dtci.rratt, f a(tr.a..d,,t.,@.81
a.- rdrffir,l-r.nrlMra
SIGNATURE:JOHN PIZZI PRESIDENT 01116|2023
Eloctonh Slgn.tur. ot Slgnlng Ofllc.r/Olr€clor DlLll Dalo
Irt.60r.*Ddrraiy.i/rrL{lb.ll,mdbrlh.ptt-oold.rtai,r.,tr,.lodoo..arddr.d.rr(otloo,bUrShr.orfbrt..
SIGNATURE:
Page 5509 of 14062
Exhibit ttc"
Opinion of Probable Cost
Page 5510 of 14062
ST. KATHERINE'S GREEK ORTHODOX CHURCH
PERFORMANCE CALCULATIONS
Soil Type: The first 16 feet from ground surface elevation is loose to medium dense,
relatively clean sand. We do not anticipate penetrating the limerock layer with the lake
excavation, therefore for these calculations it is assumed a 100o/o SAND.
Total lake bank perimeter = 1 ,199 LF for Lake GC-1
683 LF for Lake GC-2
Performance Guarantee is: 1,882 ft x $20lft = $37,640
by W. Terry
.com,
*
STATE
W. Terry Cole, P.E. #42347
HOLE MONTES, INC.
950 Encore Way, Suite 200
Naples, Florida 34110
(23e) 254-2000
HM Authorization #1772
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DN:
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