Agenda 05/14/2019 Item #16A 6 (Release of Performance Bond/Emmanuel Evangelical Lutheran Church)05/14/2019
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 guaranty for Excavation Permit Number 60.152, PL20170000507 for
work associated with Emmanuel Evangelical Lutheran 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
his commitments with respect to this security. The Performance Bond was posted as security for an
Excavation Permit associated with Emmanuel Evangelical Lutheran Church. The As-Built lake cross
sections have been received, and the lake has been inspected by the Development Review Division.
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. - HFAC
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, Technician, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.6
Packet Pg. 652
05/14/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 8351
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 guaranty for Excavation Permit Number 60.152,
PL20170000507 for work associated with Emmanuel Evangelical Lutheran Church.
Meeting Date: 05/14/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
03/15/2019 11:49 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
03/15/2019 11:49 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/15/2019 11:53 AM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 03/15/2019 12:37 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/18/2019 9:42 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 03/18/2019 3:39 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/22/2019 3:25 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 04/09/2019 8:21 AM
County Attorney's Office Heidi Ashton-Cicko Additional Reviewer Completed 04/17/2019 9:15 AM
Growth Management Department James C French Deputy Department Head Review Completed 04/15/2019 6:23 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 04/16/2019 9:08 AM
County Attorney's Office Judy Puig Level 2 Attorney Review Skipped 04/17/2019 8:30 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/17/2019 9:47 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/18/2019 3:14 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/25/2019 10:18 AM
County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 05/06/2019 5:33 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/14/2019 9:00 AM
16.A.6
Packet Pg. 653
EMMANUEL EVANGELICAL LUTHERAN CHURCH
LOCATION MAP
16.A.6.a
Packet Pg. 654 Attachment: Location Map (8351 : Excavation Bond Release - Emmanuel Evangelical Lutheran Church)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 1'1th day of Julv
20'17 between Emmanuel Evanqelical Lutheran Church of i{aples- loe. hereinafter referred to
as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafler
referred to as the "Board".
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et a/. 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
complywithlheExcaVationRegulationsand@(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").
Developer herewith tenders its excavation performance security (attached herelo
as Exhibit "A" and by reference made a part hereof) Check #0144 in the amount
of $25.000.00
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 salisfactory completron 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
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.
ln 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
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3
4
5
6
16.A.6.b
Packet Pg. 655 Attachment: Bond Basis (8351 : Excavation Bond Release - Emmanuel Evangelical Lutheran Church)
7
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
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.
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatrves this /i,/1 day of Jq 1.-1 , 2017.
I
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Cd-A<h I r1,t('6-1, 't-
(Name of Entity)
By vPprinted Name - {so^a}) -L C^ CE<,/.l\6'VP
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SIGNED IN THE PRESENCE OF:
Sign
Printed Name ^Dt*oa* 4//
ATTEST:
DWIGHT E. BROCK, CLERK
e
(President, VP, or CEO)
Provide Proper Evidence of Authority)-
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BO
OF
By:
ARD oF couNry corr,[rrssro
COLLIER CdUNTY, FLbRIDA_-lsrJ
NERS
as designee of the County Manager
pursuant to Resolution No. 2015-162
By
Deputy Clerk
Approved s to form and legality
Scott A. Stone
Assistant County Attorney
ClUsers\Michael\Documents\ELC Council\Excavalion Performance Agreement 2015 (002) 170622.docx
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16.A.6.b
Packet Pg. 656 Attachment: Bond Basis (8351 : Excavation Bond Release - Emmanuel Evangelical Lutheran Church)
€t l^, l: l-A
Collier County
Growth Management Division
2800 Horseshoe Drive N,
Naples, FL 34104
239-2s2-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid;
change / overage:
Contact:
FEE DETAILS:
Fee Descriotion
Refundable Bonds
cashier Namei
Batch Number;
Entered By:
20t7 4t6670
20L7-O40t46
06/26/20t7
$2s,000.00
Pavment Method
check
$2s,000.00
$0.00
Emmanuel Communities, Inc.
777 l,4ooting Line Drive
Naples, FL 34102
Check Number
ot44
Amount Paid
$2s,000.00
Reference Number
P120170000507
Orioinal
Fee
$ 2 s,000.0 0
Amount
Paid
$ 2 s,0 00.00
GL Account
670-000000-220113
Eliza beth [4endez
6469
Va lerieKu llick
16.A.6.b
Packet Pg. 657 Attachment: Bond Basis (8351 : Excavation Bond Release - Emmanuel Evangelical Lutheran Church)
}IIvIHOLE MONTES
ENGINEERS. PLANNERS. SURVEYORS
950 Encore Way . Naples, Florida 34110 . Phone 239.254.2000 , Fax.239.254.2099
July 12,2017
John Houldsworth
COLLIER COUNTY GROWTH MANAGEMENT
2800 North Horseshoe Drive
Naples, Florida 341.04
RE:EMMANUEL EVANGELICAL LUTHERAN CHURCH
EXCAVATION PERFORMANCE AGREEMENT
EXCAVATION PERMIT #PL2OI7 OOOO5OT
HM FILE NO.:2006095
Dear John:
Enclosed herewith, is the revised Excavation Performance Agreement along with a copy
of the Evidence of Authority for Michael Puchalla, Vice President - Emmanuel
Evangelical Lutheran Church of Naples, Inc. Per the County Attorney's comments, the
required revisions have been made.
Should additional information be required, please feel free to contact our office.
Very truly yours,
HOLE MONTES,INC.
=-tw&nautruuar
cc:
Tobi D. Charbonneau
Permitting Coordinator
TDC
Enclosures
Howard Isaacson w/enclosures
Dee Schleutker w/enclosures
Deirdre Lupp w/enclosures via e-mail
H:\2006\2@6096\WP\PERMITS\EXCAVATION\JH 170712 Revised Excavation Performance Agreement & EOA.docx
Naples . Fort Myers
16.A.6.b
Packet Pg. 658 Attachment: Bond Basis (8351 : Excavation Bond Release - Emmanuel Evangelical Lutheran Church)
2017 FLORIDA NOT FOR PROFIT CORPORATION ANNUAL REPORT
EOCUMENT# 765143
Entity Name: EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES,
tNc.
Curent Principal Place of Business:
777 MOORING LINE DRIVE
NAPLES, FL 34102
Current Mailing Address:
777 IVOORING LINE DRIVE
NAPLES, FL 34102
FEI Number:59-1377616
Name and Address of Current Registered Agent:
Certificate of Status Desired: No
GROTH, ROBERT W
5425 PARK CENTRAL CT
NAPLES. FL 34109 US
Tho abova namad enw submits this state,/,ont fot the pupose ol changing its @giste,ed ofrca ot rcgistored agent, or bdth,ln the State ol Florkla
SIGNATURE:
Electronic Signature of Registered Agent
Offi cer/Director Detail :
Title P
Name WASMER, PETER
Address 139 5TH ST. S.
City-Stat€-Zip: NAPLES FL 34102
Title
Name
Address
City-State-Zip
Title
Nam€
Address
City-State-Zip
PUCHALLA, MICHAEL
16273 ABERDEEN WAY
NAPLES FL 34110
S
REUSTLE, DENNIS
8604 MAJORCA LANE
NAPLES FL 34114
T
JONES, ANN
5930 CYPRESS HOLLOW WAY
NAPLES FL 34109
Date
I heroby collity lhat tho inlonand indi@t.d this Epon t supqrane"lal Bpon is ito ahd accuilo and that my oldcta c signatuE shatt hew lhe same togEl ellect as il md. und6t
oath; lhal I an an offr@.ddioctotolth. co4natton ot tbe D@t99t@ttusteeenpoEld lo6x.cut this oport as rcq iad by Chaplat 617, Flotida St'lulos; nd kat my Mme app.a6
aban, ot on an .t.chmant with all othet liko enpow@<l,
SIGNATURE: PETERWASMER PRESIDENT OZ24I2O17
Electronic Signalure of Signing Officor/Diroctor Dotail Dat6
FILED
Feb 24,2017
Secretary of State
cc1619854851
Title
Name
Address
City-StateZip:
16.A.6.b
Packet Pg. 659 Attachment: Bond Basis (8351 : Excavation Bond Release - Emmanuel Evangelical Lutheran Church)