Agenda 12/10/2024 Item #16A 2 (Resolution for final acceptance of the private roadway and drainage improvements and acceptance of the plat dedications for the final plat of City Gate Commerce Park Phase Three Replat No. 4 PL20200002078)12/10/2024
Item # 16.A.2
ID# 2024-1725
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 City Gate Commerce Park Phase Three Replat No. 4, Application
Number PL20200002078, and authorize the release of the maintenance security in the amount of $246,412.67.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure
improvements associated with the subdivision, accept the plat dedications, and authorize the release of the maintenance
security.
CONSIDERATIONS:
1. City Gate Commerce Park Master Property Owners Association, Inc., and City Gate Community Development
District will maintain the roadway and drainage improvements.
2. The required improvements have been constructed in accordance with the Land Development Code. The
Growth Management Department inspected the improvements on October 1, 2024, and is recommending their
final acceptance.
3. Staff has prepared a resolution for final acceptance, which the County Attorney's Office has approved. 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 City Gate Commerce Park Master Property Owners Association, Inc. and the City Gate
Community Development District will maintain the roadway and drainage improvements. The existing security of
$246,412.67 will be released upon Board approval. The original security of $1,805,783.80 has been reduced to the
current amount of $246,412.67 based on the work performed and completed pursuant to the terms of the Construction
and Maintenance Agreement dated December 4, 2020.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for
Board approval. - DDP
RECOMMENDATIONS: To grant final acceptance of the roadway and drainage improvements in City Gate
Commerce Park Phase Three Replat No. 4, Application Number PL20200002078, 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
ATTACHMENTS:
1. Location Map
2. Bond Basis
3. Resolution
4. Plat Map
Page 3985 of 10663
CITY GATE COMMERCE PARK
PHASE THREE REPLAT No. 4
LOCATION MAP
Page 3986 of 10663
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered
into this £..\-t;l?. day of ::D%<J'Obe.c , 20'"2.o between City Gate Naples, LLC hereinafter
referred to as "Developer", and Board of County Commissioners of Collier County, Florida, hereinafter
referred to as the "Board".
RECITALS:
A Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board
of certain plat of a subdivision to be known as: City Gate Commerce Park Phase Three Replat No. 4
B.Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision regulations,
said guarantees to be incorporated in a bonded agreement for the construction of the required
improvements.
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:
1.Developer will cause to be constructed: Relocation of City Gate Blvd South PL20200002078
within o?� months from the date of approval said subdivision plat, said improvements hereinafter
referred to as the required improvements.
2.Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by
reference made a part hereof) in the amount of $ 1,805,783.80 which amount represents 10% of
the total contract cost to complete the construction plus 100% of the estimated cost of to complete the
required improvements at the date of this Agreement.
3.In the event of default by the Developer or failure of the Developer to complete such improvements within
the time required by the Land Development Code, Collier County, may call upon the subdivision
performance security to insure satisfactory completion of the required improvements.
4.The required improvements shall not be considered complete until a statement of substantial completion
by Developer's engineer along with the final project records have been furnished to be reviewed and
approved by the County Manager or his designee for compliance with the Collier County Land
Development Code.
5.The County Manager or designee shall, within sixty (60) days of receipt of the statement of substantial
completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or
b)notify the Developer in writing of his refusal to approve improvements, therewith specifying those
conditions which the Developer must fulfill in order to obtain the County Manager's approval of the
improvements. However, in no event shall the County Manager or designee refuse preliminary approval
of the improvements if they are in fact constructed and submitted for approval in accordance with the
requirements of this Agreement.
6.The Developer shall maintain all required improvements for a minimum period of one year after preliminary
approval by the County Manager or his designee. After the one-year maintenance period by the Developer
has terminated, the Developer shall petition the County Manager or designee to inspect the required
improvements. The County Manager or designee shall inspect the improvements and, if found to be still
in compliance with the Land Development Code as reflected by final approval by the Board, the Board
shall release the remaining 10% of the subdivision performance security. The Developer's responsibility
for maintenance of the required improvements shall continue unless or until the Board accepts
maintenance responsibility for and by the County.
Page 3987 of 10663
7.Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the
Developer may request the County Manager or designee to reduce the dollar amount of the subdivision
performance security on the basis of work complete, Each request for a reduction in the dollar amount of the
subdivision performance security shall be accompanied by a statement of substantial completion by the
Developer's engineer together with the project records necessary for review by the County Manager or
designee. The County Manager or designee may grant the request for a reduction in the amount of the
subdivision performance security for the improvements completed as of the date of the request.
8.In the event the 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 subdivision performance security to
secure satisfactory completion, repair and maintenance of the required improvements. 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 improvements required herein. The Developer, as
principal under the subdivision 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 the Developer to fulfill all of the provisions of this
Agreement.
9.All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and
the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their
duly authorized representatives this � day of bectM b:eC , 20 2D .
SIGNED IN THE PRESENCE OF:
Witness:
�
Witness:
Printed Name:
ko...Y-o.__ C os+-e\ \ o
ATTEST: ______________ _
CRYSTAL K. KINZEL; CLERK
Assistant County Attorney
(Name of Entity)
City Gate Naple , LLC
Printed Na e/Title
(President, VP, or CEO) (Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF LLIER COUN
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eof-ier Councy +,:a:...._ """ __u: -Growth Management Department
De velopment Review Division
December 2, 2021
Ruxandra Cravcenco
JP Morgan Chase Bank, N .A
10420 Highland Manor Drive, Floor 04
Tampa, FL. 33610-9128
RE: Your Irrevocable Standby Letter of Credit No. NUSCGS035834
City Gate Naples, LLC. -City Gate Commerce Park Phase Three Replat 4
PL2020002078
Dear Ms. Cravcenco:
Please be advised that based on the work completed and inspected to date, the subject
Letter of Credit may now be reduced by $1,559,371.13, leaving an available balance of
$246,412.67. The remaining value represents the required 10% maintenance guaranty of
$164,162.17, plus 100% of the value of the work remaining, which is $82,250.50.
An original Amendment should be directed to this office reducing the value of the
security, "all other terms and conditions of original Letter of Credit to remain in full force
and effect".
This reduction will become effective upon our receipt of an Original Amendment to the
Letter of Credit.
If I can be of any further assistance to you in this regard, please let me know.
Sincerely,
JOHN HOULDSWORTH
John R. Houldsworth
Senior Site Plans Reviewer
'with authority in these matters'
Cc: Jenna Woodward, P.E.
Project File
(:t\ _____ _ -------------------�
Oevd>Jllltrl Review DMsion • 2800 Natl Ha-seshoe Dnve • Naples, Rcrila 34104 • 2�252-2400 • www.cor�v .nd
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JPMORGAN CHASE BANK, N.A.
GLOBAL TRADE OPERATIONS
10420 HIGHLAND I\,4ANOR DRIVE, FLOOR 04
TAMPA. FL 33610-9128
SWIFT: CHASUS33
Date: '16 Dec 2021
Our Reference: NUSCGS035834
Subject: STANDBY LETTER OF CREDIT AMENDMENT
Dear Sir/Madam,
AMENDMENT NUMBER : 01
ACCOUNT PARTY : Clry GATE NAPLES, LLC
12575 ULINE DRIVE
PLEASANT PRAIRIE, WI 53158
DECREASED BY : USD 1,559,371 .13
BENEFICIARY'S COMPLETE DETAILS:
THE BOARD OF COUNTY COMMISSIONERS . COLLIER COUNTY, FLORIDA
C/O ENGINEERING REVIEW SERVICES
28OO NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
ALL AMENDNTENTS UNDER THIS STANDBY LETTER OF CREDIT AMENDMENT ARE SUBJECT
TO BENEFICIARYS AGREEMENT. THIS AMENDIVIENT SHALL NOT BE CONSIDERED OPERATIVE
UNLESS THE BENEFICIARY COMMUNICATES THEIR AGREEMENT TO THE AMENDED TERIVIS.
PLEASE INDICATE YOUR ACCEPTANCE /REJECTION BY SIGNING AND RETURNING A COPY OF
THIS AIVENDMENT VIA FAX TO 312-233-2266 or 312-233-2265 f O THE ATTENTION OF STANDBY
LETTER OF CREDIT UNIT Email Address: gts.client.services@lpmchase.com
WE ACCEPT THIS AMENDMENT
THE OAR OUNry COMMISSIONERS . COLLIER COUNTY,
f{
SIGNATURE
)
.-l,r.rtrJ l,I,pu('re 6 uJo6ly\,
PRINTED NAME & TITLE
zAklsL- \(E ?tNe &*vwVv
To
THE BOARD OF COUNTY COMMISSIONERS
(REFER UC TEXT FOR FULL DETAILS)
28OO NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
Page 3992 of 10663
zet-Lgz -
of our Referencel9r 2oTz
11 s?
NUSCGSO35834
DATE & TEL NO.
WE REJECT THIS AMENDMENT
THE BOARD OF COUNTY COMMISSIONERS . COLLIER COUNTY,
SIGNATURE
PRINTED NAME & TITLE
DATE & TEL NO.
All inquiries regarding this transaction may be directed to our Client Service Group quoting our reference
NUSCGS035834 using the following contact details:
Telephone Number: 1-800-634-1969
Email Address: gts.client.services@pmchase.com
Yours Faithfully,
JPMorgan Chase Bank, N.A.,
tl I h"n'
Authorized Signature
Ruxandra Cravcenco
ED - Operations Manager
il,.
Page 3993 of 10663
RESOLUTION NO. 24-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE
OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS AND
PLAT DEDICATIONS IN CITY GATE COMMERCE PARK PIIASE
THREE REPLAT NO. 4, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 68, PAGES 69 THROUGH 78, AND
RELEASE OF THE MAINTENANCE SECURITY.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
December 8,2020, approved the plat of City Gate Commerce Park Phase Three Replat No. 4 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 release of the maintenance security; and
WHEREAS, the Development Review Division has inspected the roadway and drainage
improvements, and is recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLINTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements and plat dedications in City Gate
Commerce Park Phase Three Replat No. 4, pursuant to the plat thereof recorded in Plat Book 68,
pages 69 through 78, and the Clerk is hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within City Gate Commerce Park Phase Three Replat No. 4 will be maintained
privately in the future and will not be the responsibility of Collier County.
This Resolution adopted after motion, second and majority vote favoring same, this
day of_ 2024.
DATE:
ATTEST:
CRYSTAL K. KINZEL, CLERK
Depufy" Clerk
Approved as to form and legality
Derek D. Perry
Assistant County Attorney
[24-ErS-0s07 8l t89 s62s / 1)
BOARD OF COI.INTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
1of 1
Chris Hall, Chairman
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