Agenda 12/12/2023 Item #16A16 (Resolution - Final acceptance of the plat dedications for the final plat of Royal Palm Golf Estates Replat #3)12/12/2023
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements, and acceptance of the plat dedications for the final plat of Royal Palm Golf Estates Replat #3,
Application Number AR-6774 (PL20110001921), and authorize the release of the maintenance security in the
amount of $374,130.95.
OBJECTIVE: To have the Board of County Commissioners (Board) accept final approval of the infrastructure
improvements associated with the subdivision, accept the plat dedications, and release the maintenance security.
CONSIDERATIONS:
1) On March 27, 2014, the Growth Management Department granted preliminary site acceptance of the
roadway and drainage improvements in Royal Palm Golf Estates Replat #3.
2) The project’s property owners association will maintain the roadway and drainage improvements.
3) The required improvements have been constructed in accordance with the Land Development Code. The
Growth Management Department inspected the improvements on October 25, 2023, and recommends final
acceptance.
4) A resolution for final acceptance has been prepared by staff and approved by the County Attorney's Office.
The resolution is a requirement of Section 10.02.05 C of the Land Development Code. A copy of the
resolution is attached.
FISCAL IMPACT: The project's homeowners association will maintain the roadway and drainage improvements.
The existing security in the amount of $374,130.95 will be released upon Board approval. The original security in
the amount of $2,148,561.25 has been reduced to the current amount of $374,130.95 based on the work performed
and completed.
GROWTH MANAGEMENT IMPACT: No growth management impact is 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 grant final acceptance of the roadway and drainage improvements in Royal Palm
Golf Estates Replat #3, Application Number AR-6774 (PL20110001921), and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and plat
dedications.
2. The Clerk of Courts to release the maintenance security.
Prepared by: Lucia S. Martin, Project Manager I, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
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12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.16
Doc ID: 27249
Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and
drainage improvements, and acceptance of the plat dedications for the final plat of Royal Palm Golf Estates Replat
#3, Application Number AR-6774 (PL20110001921), and authorize the release of the maintenance security in the
amount of $374,130.95
Meeting Date: 12/12/2023
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
11/13/2023 3:21 PM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
11/13/2023 3:21 PM
Approved By:
Review:
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/13/2023 3:24 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 11/13/2023 3:35 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
11/13/2023 5:53 PM
Development Review Brett Rosenblum Additional Reviewer Completed 11/14/2023 10:02 AM
Growth Management Community Development Department Diane Lynch Department Review Completed
11/14/2023 6:37 PM
Growth Management Community Development Department Jaime Cook Division Director Completed
11/20/2023 4:44 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/22/2023 2:52 PM
Growth Management Community Development Department James C French Growth Management Completed
11/27/2023 5:07 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/28/2023 9:24 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/28/2023 9:41 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/29/2023 10:51 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/30/2023 3:47 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
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ROYAL PALM GOLF ESTATES REPLAT #3
LOCATION MAP
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Packet Pg. 1013 Attachment: Location Map (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
TransCapltal
Bank IRREVOCABLE STANDBY LETTER OF CREDIT NO. 00-0033
ISSUER: Transcapital Bank 2100 E Hallandale Beach Blvd Hallandale Bch, Fl 33009 (HERINAFTER "Issuer").
PLACE OF EXPIRY: At Issuer's counters.
DA TE OF EXPIRY: This Credit shall be valid until 10/20/06, and shall thereafter be automatically renewed for successive oneyear periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary dates, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit.
APPLICANT: Naples Golf Club South, LLC, Naples Golf Development, LLC & Naples Golf Club South, LLC (hereinafter
"Applicant") 7100 W Camino Real #402, Boca Raton, Fl 33433
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") c/o Engineering Review Services, 2800 North Horseshoe Drive, Naples, FJorida 34104
AMOUNT: $2,148,561.25 (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 ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: Naples Golf Oub South, LLC, Naples Golf Development, LLC & Naples Golf Club South, LLC has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Naples South,
LLC, Naples Golf Development, LLC & Naples Golf Qub South, LLC or a final inspection satisfactory to Collier County bas not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary.
DRAFT(S) ORA WN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under Transcapital Bank Credit No 00-0033, dated October 20, 2005. The original letter of credit and all amendments, if any, must be presented for properendorsement.
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 document, 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 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 Practke for Documentary Credits ( 1993 Revision) International Chamber of Commerce Publication No. 500.
By:,__.-
William E. Himes, Executive Vice President
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Packet Pg. 1014 Attachment: Bond Basis (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
December 14, 2005
Tobi Charbonneau Hole Montes Inc. 950 Encore Way Naples, FL 34110
Dear Ms. Charbonneau:
TransCapital
Bank
I have enclosed an Addendum to the Irrevocable Standby Letter of Credit No. 00-0033 from Mr. William E. Himes for your files. If you should have questions regarding this Addendum, please contact Mr. Himes at (954) 456-3325, ext.212.
Sincerely,
���--�� Mi�Guzman Executive Secretary
Enclosure
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Packet Pg. 1015 Attachment: Bond Basis (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
Trans Capital
Bank This is an Addendum to the Irrevocable Standby Letter of Credit No. 00-0033.DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN OFTHE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNEDBY THE COUNTY MANAGER, CERTIFYING THAT: Naples Golf Club South, LLC, Naples GolfDevelopment, LLC & Naples Golf Club South, LLC has failed to construct and/or maintain theimprovements associated with that certain plat of a subdivision known as ROYAL PALM GOLFEST ATES REPLAT #3 or a final inspection satisfactory to Collier County has not been performed prior tothe date of expiry, and satisfactory alternative performance security has not been provided to and formallyaccepted by the Beneficiary.Transcapital Bank
� By:�---William E. Himes, Executive Vice President 16.A.16.b
Packet Pg. 1016 Attachment: Bond Basis (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division Engineering Services Department 2800 North Horseshoe Drive • Naples, Florida 34104 February 7, 2007 Mr. William Hines, Executive Vice President Trans Capital Bank 2100 East Hallandale Beach Blvd. Hallandale Beach, FL . 33009 RE: Letter of Credit No. 00-0033 / Naples Golf Club South LLC Royal Palm Golf Estates Rep lat #3 Dear Mr. Hines: Please be advised that based on the work completed to date, the subject Letter of Credit may be reduced by $1,774,430.30, leaving an available balance of $374,130 .95 which represents 100% of the remaining improvements, plus 10% of the overall improvements as a maintenance guaranty. An original amendment should be directed to this office reducing the value of the Credit, "all other terms and conditions or original letter of credit to remain in full force and effect" If I can be of any further assistance to you in this regard, please let me know . Sincerely, Jo�dsworth Senior Engineer Cc: Tom Kuck, P .E ., Engineering Director George Hermanson, P.E., HoleMontes C 0 .. C Phone(239)659-5744 Fax (239) 530-6201 0 M ff t Y www.colliergov.net 16.A.16.b
Packet Pg. 1017 Attachment: Bond Basis (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
Office of the County Attorney
Jeffrey A. Klatzkow
Ot:-;,,iJy Coun1y ;t:,;ney • Scott R T:;ac,h
Sec:ion Ch1els • he,d1 F Asmon-<>c'lo· J:.cr;uehna W H1itlbanr ·r, ,., �,110:�,11: ,; r-.., • ...:; ..-., lo•.,_-•• ,..-,.,,""'·
Ass;sta'll County Al:cmeys • Colf!len M Greene Jenr.i!e: B While Steven T 'Mli1ams jell t W,19�1 Robert N. Zachary
February 25, 2010
TransCa pital Bank Attention: William E. Himes, President 8850 W. Oakland Park Blvd. Sunrise, FL 33351
RE: Royal Palm Golf Estates Replat #3 Irrevocable Standby Letter of Credit No. 00-0033
Dear Mr. Himes:
Vla Federal Express
Please be advised this office represents the Board of County Commissioners of Collier County, Florida with respect to the above-mentioned matter. Pursuant to the Irrevocable Standby
Letter of Credit No. 00-0033, enclosed are the following:
i.Affidavit of Leo E. Ochs, Jr., County Manager certifying the grounds forCollier County to draw on this Letter of Credit� 2.Sight Draft;3.Original Letter of Credit/ Amendments;
4.Copy of the Construction and Maintenance Agreement for SubdivisionImprovements; and
5.Copy of letter to developer dated December l, 2009 regarding theirnoncomplfance
ln accordance with the terms of tbe referenced krevocable Standby Letter of Credit, and the other documents described above. please wire the funds, in the amount of three hundred seventy-four thousand one hundred thirty dollars and ninety-five cents {$374,130.95). to the Collier County Board of County Commissioners, into the following account: Fifth Third Bank, Account No. 1138577, ABA Routing No. 041000314. When the wire transfer is complete, please set1d confirmation via e-mail to Connie Murray {eonnie.murruy@coUierderk.com) and to me (stevcnwilliams®.co!lfergov.nct}.
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Packet Pg. 1018 Attachment: Bond Basis (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
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Packet Pg. 1019 Attachment: Bond Basis (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
Office of the County Attorney Jeffrcv A. Klatzkow
January 6. 201 l
TransCapitnl Bank
Attention: William E. Himes, President
8850 W. Oakland Park Blvd.
Sunrise, FL 33351
via certified mail#7099 3400 (}018 2765 2090
RE: Your lack of response to our Formal Demand on Letter of Credit �u. 00-0033
for Royal Palm Golf Estates Replat #J
Dear �1r. H imcs:
On M.irch 29, 2010 we sent you a kncr presenting Collier County's demand to draw on
lm:\'ocable Standby Letter of Credit No. 00-0033, with all required supporting documents. For your
reforcnce, a copy of the leuer unJ proof or rci:c1p1 by your institution is enclosed. To date we have
ra;:eived nl, response.
Our demand was propc-rly presented and still stands. In order to avoid further kgal action, it is
imperatiw that I hear from you immediately. Please call me at the number below, or contact me via email :n Ste\crt\\'dham.;,u ..:uilil'fi.!U\ .!h'l. and advise the date alid time I may present myself at your counter to
collect the check in the amount or S37-tl30.95; or altcmatiYdy. the date we may expect the wire transfer
to be completed. Thank you ll11' your cooperation in this matter,
STW!wr
Enclosures as stated
Electronic copies to:
Jeffrey A. Klatzkow. County Attorney
John R. Houldsworth, Engineering Services
Sincerely,
OFFICE OF THE COlJNTY ATTORNEY
!L7.�-,»L1Stcvcn T. Williams
Assistant County Attorney
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Packet Pg. 1020 Attachment: Bond Basis (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
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Packet Pg. 1021 Attachment: Bond Basis (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
RESOLUTION NO.23-
A RESOLUTION OF T[IE BOARD OF COUNTY
COMMISSIONBRS OF COLLIER COUNTY, FLORIDA
AUTHORIZING FINAL ACCEPTANCE OF CERTAIN
ROADWAY AND DRAINAGE IMPROVEMENTS AND
PLAT DEDICATIONS IN ROYAL PALM GOLF ESTATES
REPLAT #3, ACCORDING TO THE PLAT THE,REOF
RECORDED IN PLAT BOOK 44, PAGE,S 89'THROUGH 99,
AND RELEASE OF THE MAINTENANCE SECURITY.
WI IEREAS, the Board of County Commissioners of Collier County, Florida, on June 14,
2005, approved the plat ofRoyal Palm Golf Estates Replat #3 for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and drainage
improvements in accordance with the approved plans and specifications as required by the Land
Development Code (Collier County Ordinance No, 04-41, as amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and drainage
improvements and relcase of the maintenance security; and
WHEREAS, the Development Review Division has inspected the roadway and drainage
improvemcnts, and is recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOI,VED BY TIIE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COU}.JTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements and plat dedications wilhout maintenance
responsibilities in Royal Patm Golf Estates Replat #3, pursuant to the plat thereof recorded in
Plat Book 44, pages 89 through 99, and the Clerk is hereby authorized to release the maintenance
security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Royal Palm Golf Estates Replat #3 will be maintained privately in the
flrture and will not be the responsibility of Collier County.
This Resolution adopted after motion, second and majoriry vote favoring same, this 12th
day of December 2023.
DATE: BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIERCOL]NTY,FLORIDA
CRYSTAL K. KINZEL, CLERK
By:
Derek D. Perry
Assistant County Attomcy
[23-ErS-04e4 1/1 826052/r ]Page I of I
Rick LoCastro, Chairman
cAO
Deputy Clerk
Approved as to lbrm and legality:
9
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Packet Pg. 1022 Attachment: Resolution (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
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Packet Pg. 1023 Attachment: Plat Map (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
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Packet Pg. 1024 Attachment: Plat Map (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
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Packet Pg. 1025 Attachment: Plat Map (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
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Packet Pg. 1026 Attachment: Plat Map (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
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Packet Pg. 1027 Attachment: Plat Map (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
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Packet Pg. 1028 Attachment: Plat Map (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
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Packet Pg. 1029 Attachment: Plat Map (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
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Packet Pg. 1030 Attachment: Plat Map (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
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Packet Pg. 1031 Attachment: Plat Map (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
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Packet Pg. 1032 Attachment: Plat Map (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)
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Packet Pg. 1033 Attachment: Plat Map (27249 : Final Acceptance - Royal Palm Golf Estates Replat #3)