Resolution 1997-434RESOLLrfION NO. 97-434
RESOLUTION AUTHORIZING THE ACCEPTA/gCE OF KENSINGTON
GARDENS A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED
PlAT ~OWN AS KENSINGTON PARK PHASE ONE, AND AUTHORIZING
THE VACATION OF A PORTION OF TRACTS GC1 AND GC2, (GOLF
COURSE, LAKE FL~INTENA/gCE, ACCESS A/~D DRAINAGE F~SEMENTS)
ACCORDING TO THE RECORDED PI=AT OF KENSINGTON PARK PHASE
ONE ACCORDING TO THE ATTACHED LEGAL DESCRIPTION, PETITION
AV-97-023
WHEREAS, the Board of County Commissioners of Collier County,
Florida, on February 23, 1993 approved the plat of Kensington Park
Phase One for recording; and
WHEREAS, Dudley Goodlette, as Trustee is replatting a portion
of Kensington Park Phase One and has filed for a replat of said
lands; and
WHEREAS, except as provided for in this Resolution, this replat
does not extinguish or in anyway affect the dedications contained in
the previous plat of these lands; and
WHEREAS, Dudley Goodlette, as Trustee desires to vacate a
portion of the previously recorded plat as described in Exhibit A; and
WHEREAS, this parcel, the approved plat of Kensington Gardens,
is a part of a previously approved and recorded plat, Kensington Park
Phase One, and the filing and recording of this approved plat shall
not affect access to lots previously conveyed under the Kensington
plat.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BO/~RD OF
COUNTY COMMISSIONERS OF COLLIER COUAVEY, FLORIDA, that the plat of
Kensington Gardens, a part of a previously approved and recorded plat,
Kensington Park Phase One is hereby approved for recording and the
dedications contained on the plat of Kensington Park Phase One are
hereby accepted, and those lands described in Exhibit A are hereby
vacated. Said vacation shall become effective upon recordation of the
subject plat.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk of the
Circuit Court shall make proper notation of this action upon the
previous plat and record a certified copy of this replat and a
certified copy of the vacation resolution in the Official Records of
Collier County.
This Resolution adopted after motion, second and majority vote
favoring same.
DATED: //-
ATTEST: ',,~, .....
-'~:~t~/~,: '
DW ~O~~gK',. ~ CLERK
~pproved."as '~o form and legal
suf ficienc~.:
~eidi ~.~ Aintoh
AssJ. st~nt Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, F?~)~DA
October 22, 1997
IRREVOCABLE STANDBY LETTER OF CREDIT No. 97-06
Gulf Coast National Bank
3838 Tamiami Trail North
Naples, FL 34103
PLACE OF EXPIRY: At Issuers counters at the above address.
DATE OF E~XPIRY: October 22, 1998.
BENEFICIARY:
The Board of County Commissioners
Collier County, Florida
c/o Office of the County Attorney
Collier County Courthouse Complex
Naples, Florida
APPLICANT:
J. Dudley Goodlette, Trustee
4001 Tamiami Trail North
Suite 300
Naples, FL 34103'
AMOUNT: FIVE HUNDILED EIGHTY-FIVE THOUSAND TWO HUNDRED
AND NO/100 DOLLARS ($585,200.00) 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: "J. Dudley Goodlette, Trustee, has
failed to construct and/or maintain the improvements associated with that
certain plat of a subdivision known as Kensington Gardens or ~ final
inspection satisfactory to Collier County has 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.'
LOCATION: 3838 Tamiarnl Tr,-,,il North. Naples, FL 33940 · MAIUNG ADDRESS: RO. Box 41 .T040, ~. FL 33941 -..T040
PHONE.: (9411Z614?.6Z · 1-8(X)--648-4262 · I:AX: (941) Z61-0501
Irrevocable Letter
of Credit
October 22, 1997
Page 2
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED:
'Drawn under Gulf Coast National Bank Irrevocable Letter of Credit No.
97-06 dated October 21, 1997.~ The original Letter of Credit and all
amendments, if any, must be presented for proper endorsement.
OTHER PROVISIONS:
This Letter of Credit sets forth in full the terms of issuer's undertaking and
such undertaking shall not in any way be modified, mended, 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 in
compliance with the terms of this Credit will be duly honored by Issuer if
presented within the validity of this Credit.
It is a condition of this Letter of Credit that it shall be automatically
extended without amendment for one year from the Expiration Date
hereof, or any future expiration date, unless sixty (60) days prior to any
expiration date we send notice to you by Certified Mail, to the above
address, that we elect not to extend this Credit for any such additional
period.
This Credit is subject to the Uniform Customs and Practice for
Documentary Credits (1983 Revision) International Chamber of Commerce
Publication No. 400. ,
Very truly yours
GULF COAST NATIONAL BANK
President
16A 2.
CONSTRUCTION AND MAINTENANCE AGREEMENT
OF SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this /~-~ day of/~~, 1997 between J. Dudley
Goodlette, Trustee hereinafter referred to as "Developer", and the Board of County Commissioners
of Collier County, Florida, hereinafter referred to as "The Board".
RECITALS
1. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as:
Kensington Gardens
2. Division 3.2 of the Collier County Unified Land Development Code requires 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: a potable water system, sanitary sewer system,
drainage, grading, paving and miscellaneous as outlined in Engineer's Cost Estimate (attached hereto
as Exhibit "A" and by reference made a part hereof) within 12 months from the date of approval
of said subdivision plat, said improvements hereinafter referred to as the required improvements.
2
2. Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "B" and by reference made a part hereof) in the amount of $585,200.00 which amount
represents 10% of the total contract cost to complete construction plus 100% of the estimate cost
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, after written
notice to Developer, 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 Development Services Director for compliance with
the Collier County Land Development Code.
5. The Development Services Director 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 Director's approval of the improvements. However, in no event shall the Development
Services Director refuse preliminary approval of the improvements if they are in fact constructed
and submitted for approval in accordance with the requirements of this Agreement.
2
16A 2
6. The Developer shall maintain all required improvements for a minimum period of one
year after preliminary approval by the Development Services Director. After the one year
maintenance period by the Developer has terminated, the Developer shall petition the Development
Services Director to inspect the required improvements. The Development Services Director or his
designee shall inspect the improvements, and, if found to be still in compliance with Collier County
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 rzsponsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six (6)
months thereafter the Developer may request the Development Services Director to reduce the dollar
amount of the subdivision performance security on the basis of work completed. Each request for
a reduction in the dollar amount of the subdivision 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 Development Services Director. The Development Services Director may grant the
request for 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 Administrator 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
i
improvements required herein. The Developer, as principal under the subdivision performance
security, shall be liable to pa>' and to indemnify the Board, upon completion of such construction,
the final total cost to tke 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 carry out 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 respective successors and assigns of the Developer.
1. O/4 r
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this ~ day offS. 1997.
Signed, Sealed and Delivered
Printed Name
J. Dudley Goodlette, Trustee
I. Dudley Goodlette, Trustee
Printed Name
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
'lztm°thy ~ncock Chairman
1 6 A 2.
EXHIBIT "A"
ENGINEER'S COST ESTIMATE SUMMARY
I. Potable Water System
II. Sanitary Sewer System
III. Drainage
IV. Paving Concrete, Miscellaneous
SubTotal
Total (rounded to nearest $1,000)
10% of Total
~ 110% Letter of Credit ,,mount =
$ 88,662.00
$ 96,317.00
$ 83,347.00
$263,068.90
I;531,394.90
$532,000.00
$ 53,200.00
$585,200.00
October 22, 1997
IRREVOCABLE STANDBY LETTER OF CREDIT No. 97-
ISSUER:
Gulf Coast National Bank
3838 Tamiami Trail North
Naples, FL 34.103
PLACE OF EXPIRY: At Issuers counters at the above address.
DATE OF EXPIRY: October 22, 1998.
BENEFICIARY:
The Board of County Commissioners
Collier County, Florida
c/o Office of the County Attorney
Collier County Courthouse Complex
Naples, Florida
APPLICANT:
J. Dudley Goodlette, Trustee
4001 Tamiami Trail North
Suite 300
Naples, FL 34103
AMOUr'T: FIVE HU~'DRED EIGHTY-FIVE THOUSAND TWO HUNDRED
AaND NO/100 DOLL.~LS ($585,200.00) U.S. up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer
BY:
Payment agai~ut documents detailed herein and Beneficiary's drafts at sight
drawn on the Issuer
DOCUMENTS REQUIRED:
AVAII~A~LE 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: "J. Dudley Goodlette, Trustee, has
failed to construct and/or maintain the improvements associated with that
certain plat of a subdivision known as Kensington Gardens or a final
inspection satisfactory to Collier County has 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."
LOCATION: 3838 Tamiami Trail North. Naples. fL 33940 · MAILING ADORE.SS: P.O. Box 413040. Naples. FL 33941-30.10
PHONE: (941 ) Z01-426Z · 1-800-648-42.62. · FAX: (941 ) 261-0501
I~evocable Latter
of Credit
October 22, 1997
Page 2
16A
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED:
"Drawn under Gulf Coast National Bank Irrevocable Letter of Credit No.
97- 0~' dated October 21, 1997." The original Letter of Credit and all
amendments, if any, must be presented for proper endorsement.
OTHER PROVISIONS:
This letter of Credit sets forth in full the terms of issuer's undertaking and
such undertaking shall not in any ,,,,'ay 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 in
compliance with the terms of this Credit will be duly honored by Issuer if
presented within the validity of this Credit.
It is a condition of this Letter of Credit that it shall be automatically
extended without amendment for one year from the Expiration Date
hereof, or any future expiration date, unless sixty (60) days prior to any
expiration date we send notice to you by Certified Mail, to the above
address, that we elect not to extend this Credit for any such additional
period.
This Credit is subject to the Uniform Customs and Practice for
Documentary Credits (1983 Revision) International Chamber of Commerce
Publication No. 400.
Very truly yours
G~~~~~ ~COAST NATIONAL BANK
President
COASTAL
ENGINEERING
CONSULTANTS
INC
KENSINGTON PARK PHASE ONE
PORTION OF TRACT GC2
(GOLF COURSE, LAKE MAINTENANCE, ACCESS AND DRAINAGE EASEMENT)
TO BE VACATED
That part of Tract GC2 of Kensington Park Phase One as recorded in Plat Book 21, Pages 62
through 67 of the Public Records of Collier County, Florida being described as follows:
Commencing at the intersection of the west line of Tract R CEatonwood Lane) of Kensington
Park Phase 'Y.tree-B as recorded in Plat Book 28, Pages 5 and 6 of said Public Records with the
northerly line of Tract GC2 of said Kensington Park Phase One subdivision, run S89°50'13"W
along the northerly line of said Tract GC2 for 10.81 feet to the POINT OF BEGINNING; thence
continue along said northerly line S89°50'13"W 70.01 feet; thence leaving said line S45°09'4T'E
14.15 feet; thence N89°50'13"E 50.00 feet; thence N44°50'I3"E 14.15 feet to the POINT OF
BEGINNING.
The above describes an area of approximately 600 square feet of land.
Subject to easements, restrictions and reservations of record.
COASTAL ENGINEERING CONSULTANTS, INC.
Richard J. Ewing, V~. ~
Professional Surveyor and Mapper
Florida Certificate No. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 96.324
DATE SIGNED: /~ ,--/.r"'~ ~
3106 S. HORSESHOE DRIVE * NAPLES, FLORIDA 34104 ,. (941) 643-2324 · FAX (941) 643-1143
16A
COASTAL
ENGINEERING
CONSULTANTS
INC
ICENSINGTON PARK PHASE ONE
PORTION OF TRACT GC2
(GOLF COURSE, LAKE MAINTENANCE, ACCESS AND DRAINAGE EASEMENT)
TO BE VACATED
DESCRIPTION
That part of Tract GC2 of Kensington Park Phase One, a subdivision recorded in Plat Book
21, Pages 62 through 67 of the Public Records of Collier County, Florida. being described
as follows:
Commencing at the northeast comer of Tract GC4 of said subdivision run 330.96 feet along
the easterly line of said Tract GC4 and the arc of a curve concave to the southeast having
a radius of 480.00 feet, a central angle of 39'30'19" and a chord of 324.44 feet bearing
S37'37'57"W; thence S72'07'13"E 360.00 feet to an intersection with the westerly line of
said Tract GC2; thence along said westerly line S17'52'47"W 42.47 feet to a point of
curvature and the POINT OF BEGINNING; thence 49.56 feet along the arc of a curve
concave to the east having a radius of 75.00 feet, a central angle of 37'51'49" and a chord
of 48.67 feet bearing S01' 03'08"E to a point of reverse curvature; thence 63.30 feet along
the arc of a curve concave to the southwest having a radius of 210.00 feet, a central angle
of 17' 16'19" and a chord of 63.07 feet bearing Sl1'20'53"E to an intersection with the
boundary of said Tract GC2; thence along said boundary 22.64 feet along the arc of a curve
concave to the southeast having a radius of 200.00 feet, a central angle of 06'29'04" and a
chord of 22.62 feet bearing N66' 43'26"W to a point of reverse curvature; thence 38.33 feet
along the arc of curve concave to the northeast having a radius of 25.00 feet, a central angle
of 87' 50'45" and a chord of 34.68 feet bearing N26' 02'36"W to a point of tangency; thence
N17'52'47"E 73.96 feet to the POINT OF BEGINNING.
The above describes an area of approximately 1,834 square feet of land.
Subject to easements, restrictions and reservations of record.
COAST~L ENGINEERING CONSULTANTS, INC.
FLO~ BUS~ff.~ORIZATION NO. I_B 2464
Richard J. Ewing~V.P. -'"- ~ ·
Professional Surveyor and Mapper
Florida Certificate No. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 96.324
DATE SIGNED:/o -
3106 S. HORSESHOE DRIVE * NAPLES. FLORIDA 34104 * (941) 643-2324 · FAX (941) 643-1143
2_.
~1 /. r ,_.]
.<: ~ Z tD Z ....
~mxq TRACT GC1
~ ~ KENSINGTON PARK PHASE ONE
(P~T BOOK 21, PAGES 62-67)
* ~ooor ~POINT OF BEGINNING
59,99' ~4.94' z
8 TRACT R
TRACT D a ~ KENSINGTON PARK PHASE THREE-B
~NS~GTON P~K P~ O~ ~ ~ (P~T BOOK aa, PAGE 5-6)
(P~T BOOK 21, PAGE 6~-67)
/ ,o.oo, ~X~XPOINT OF
( COMMENCEMENT
POINT OF BEGINNING
m.m ~"~ TRACT GC2
<~znz KENSINGTON PARK PHASE ONE
~zCo (P~T BOOK 21, PAGES 62-67)
~o~
t'rl
~0~
-
TRACT GC1
KENSINGTON PARK PHASE
(PLAT BOOK 21, PAGES 62-67)
ONE
,~ so.o°, ? OF BEGINNING
59.99' 24,94 :~
TRACT D 8 TRACT R
KENSINGTON P~kl~I~ PHASE ONE ~. KENSINGTON(PLAT BOOK 28,PARKpAGEPHASEs-6)THREE-B
(PLAT BOOK 21, PAGE 62-67)
S 89'50'13" ¥/
~o
ozzco
COMMENCEMENT
POINT OF BEGINNING
TRACT GC2
KENSINGTON PARK PHASE ONE
(PLAT BOOK 21, PAGES 62-67)
o
COASTAL
ENGINEERING
CONSULTANTS
INC
KENSINGTON PARK PHASE ONE
PORTION OF TRAC'r GCl
(GOLF COURSE, LAKE MAINTENANCE, ACCESS AND DRAINAGE EASEMENT)
TO BE VACATED
That part of Tract GC1 of Kensington Park Phase One as recorded in Plat Book 21, Pages 62
through 67 of the Public Records of Collier County, Florida being described as follows:
Commencin~ at the intersection of the west line of Tract R (Eatonwood Lane) of' Kensington
Park Phase 'l'hree-B as recorded in Plat Book 28, Pages 5 and 6 of said Public Records with the
northerly line o£ Tract GC2 of' said Kensington Park Phase One subdivision, run N00°09'4T'W
along said west line of Tract R for 60.00 feet to an intersection with the southerly line of said
Tract GCI; thence along said southerly line S89°50'13'W 24.94 feet to the POINT OF
BEGINNING; thence continue along said southerly line S89°50'13"W 59.99 feet; thence leaving
said line N44°50' 13"E 7.07 feet; thence N89°50' 13"E 50.00 feet; thence S45°09'47"E 7.07 feet
to the POINT OF BEGINNING.
The above describes an area of approximately 275 square feet of land.
Subject to easements, restrictions and reservations of record.
COASTAL ENGINEERING CONSULTANTS, INC.
Professional Surveyor and Mapper
Florida Certificate No. 5295
NOT VALID WITHOUT ~ SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEe Frae NO. 96.2t24
DATE SIGNED:/o ~/t~ '",~ 7
3106 S. HORSESHOE DRIVE * NAPLES, FLORIDA 34104 * (941) 643-2324 * FAX (941) 643-1143
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16A 2.
ATTACHMENT D
PETITIO~ FORM FOR VACATION OF P~AT OCCU]ARING SIMULTANEOUSLY
WITH REPLAT (EXCEPT FOR ROAD RIGHT-OF-WAY)
Date Received: ;Q- I~- ~ Petition $: A%;' ~'
Petitioner/Owner: J. Dudley Gcodlet~e, Trustee
Address: 2700 Pine Ridge B~ad Telephone: 649-4143
City/State: Naplest Florida Zip Code: 34109
Agent: O~astal Engineering O~nsultantsf Inc.
Address: )iQ~ S. Horseshoe Drive
City/State: Naples, Florida
Location: Section 13 Township
Telephone: 643-2324
Zip Code: 34104
49S Range 25E
Legal Description: See At~ched
Subdivision: Kensi~qtonP~k P~One
Plat Book 21
Page(s) 62 - 67
Reason for Request: Replat for Kensinqton Gardens Subdivision.
Current zoning: ~ Does this affect density?
I Hereby Authorize Agent Above to Represent Me for this
Petition:
Yes X No
Signature of Petitioner Date
J. D~dleyGoodlette~ Trustee
Printed Title
Please see "Policy and Procedure of Vacation and Annulment" for
the list of supportive materials which must accompany this
petition, and deliver or mail to:
Collier County Project
Engineering Review Services of
Community Development and Environmental
Services Division i .
Collier County Government Complex
Naples, Fla. 33962
Telephone: (941) 643-8471