Agenda 11/15/2016 Item #16A 8 16.A.8
11/15/2016
EXECUTIVE SUMMARY
Recommendation to grant final acceptance of the private roadway and drainage improvements for
the final plat of Quarry Phase 2, Application Number AR-7849, with the roadway and drainage
improvements being privately maintained, acceptance of the plat dedications, and authorizing the
release of the maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final approval of the
improvements associated with the Quarry Phase 2 plat, accept the plat dedications, and release the
maintenance security.
CONSIDERATIONS:
1) On November 11,2009,the Development Review Division granted preliminary acceptance of the
roadway and drainage improvements in Quarry Phase 2.
2) The roadway and drainage improvements will be maintained by the project's homeowners
association.
3) The required improvements have been constructed in accordance with the
Land Development Code (LDC). Staff has inspected the improvements and is recommending
final acceptance of the improvements.
4) A resolution for final acceptance has been prepared and approved by the County Attorney's
Office. The resolution is a requirement of Section 10.02.05 C.3 of the LDC.
5) This project is within the Heritage Bay PUD, which has been found to be in substantial
compliance.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's
homeowners association. The existing security in the amount of$553,045 will be released upon Board
approval. The original security in the amount of $5,530,445 has been reduced to the current amount
based on the previous work performed and completed and pursuant to the terms of the Construction and
Maintenance Agreement dated January 11,2006.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. -SAS
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
Quarry Phase 2,Application Number AR-7849,and authorize;
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements and acceptance of the plat dedications.
2. The Clerk of Courts to release the maintenance security.
Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth
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16.A.8
11/15/2016
Management Department .�
ATTACHMENT(S)
1.LOCATION MAP (PDF)
2.Construction and Maintenance Agreement (PDF)
3.Resolution (PDF)
Packet Pg. 370
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Item Summary: Recommendation to grant final acceptance of the private roadway and drainage
improvements for the final plat of Quarry Phase 2, Application Number AR-7849,with the roadway and
drainage improvements being privately maintained, acceptance of the plat dedications, and authorizing
the release of the maintenance security.
Meeting Date: 11/15/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
10/05/2016 12:48 PM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
10/05/2016 12:48 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/12/2016 2:48 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 10/13/2016 1:19 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/17/2016 4:09 PM
Growth Management Department James French Additional Reviewer Completed 10/17/2016 4:55 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/27/2016 9:36 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/27/2016 2:07 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/27/2016 3:15 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/31/2016 11:21 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 4:40 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
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CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS into this 1144 day of 3-G, .44.4. 2006, between Centex Homes,
hereinafter referred to as"Developer",and the Board of County *u..,;.:,Toners of Collier County,Florida,
hereinafter referred to as"The Board", N
RECITALS: .'
A.. Developer has, simultaneously, with the delivery of this Agreement, applied for the Ci
approval by the Board of a certain plat of a subdivision to be known as:Quarry Phase 2
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B. Division 3.2 of the Collier County Land Development Code requires the Developer to post a
appropriate guarantees for the construction of the improvements required by said subdivision regulations, 'i
said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. 0
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants a
hereinafter set forth,Developer and the Board do hereby covenant and agree as follows: o
1. Developer will cause to be constructed The paving, drainage, potable water, irri x tion u',
water, sanitary sewer and street lighting improvements for Quarry Phase 2 within twenty-four(24)months .'a
from the date of approval of said subdivision plat,said improvement hereinafter i eft- d to as the"required _a
improvements." co
2. Developer herewith tenders its subdivision performance security(attached hereto as Exhibit c
"A"and by reference made a part hereof)in the amount of_$5.530 445. Dollars which amount represents
ten percent(10%)of the total contract cost to complete construction plus one hundred percent(100%)of the 0".
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estimated cost of to complete the required improvements at the date of this Agreement. 7,
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. d
4. The required improvements shall not be considered complete until a statement of L
substantial completion by Developer's engineer along with the final project records have been furnished to a
reviewed and approved by the Developt Services Director for compliance with the Collier County Land 0
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DevelopmentCode. c
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 its preliminary approval of the
improvements; or b) notify the Developer in writing of its refusal to approve improvements, therewith 2
specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the c
improvements. However,in no event shall the Development Services Director refuse preliminary approval c
of the improvements if they are in fact constructed and submitted for approval in accordance with theij
requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one year c
after preliminary approval by the Development Services Director. After the one-year maintenance period by v
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 complirnee with the Collier County Land Development Code as reflected by final
approval by the Board, the Board shall release the remaining ten percent (10%) of the subdivision
performance security. The Developer's responsibility for maintenance of the required improvements shall Q
continue unless or until the Board accepts maintenance responsibility 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 performance security shall be accompanied by a statement of substantial
1/11/2406.36601 VM:Oil-SREIQLER
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Construction and Maintenance Agreement Page 2
The Quarry Phase 2
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 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 Administrator may call upon the subdivision
performance security to secure satisfactory completion, repair and maintenance of the required c„
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 improvementsrequired c
herein. The Developer,as principal under the subdivision performance security,shall be liable to pay and to v
indemnify the Board, upon completion of such construction, the final total cost to the Board thereof; 0
including, but not limited to, engineering, legal and contingent costs, together with any damages, either
direct or consequential,n ial,which the Board may sustain on account of the failure of the Developer to fulfill all a
of the provisions of this Agreement.
9. All of the terms,covenants aconditions herein contained are and shall be binding upon c
and
the Developer and the respective successors and assigns of the Developer. '-
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IN WITNESS WHEREOF,the Board and the �Ievelope r have caused this Agreement to be
executed by their duly authorized representatives this i day of 54 v.- .••Y ,204. Co
713
DEVELOPER: ii
inSigned,Sealed and Delivered Centex H.cc-:
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, ������ "_ rtJ Thomas J.Wegwert
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ATTEST. • , h
BOARD OF COUNTY COMMISSIONERS
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DWIGHT E.BROCK,CLERK OF COLLIERCOUNTY IDA
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Jeffrey . ri 'Lkow
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Assista 1 t C, ty Attorney
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Bond No. 564151S
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
CENTEX HOMES,a Nevada General Partnership
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5801 Pelican Bay Blvd.,Suite 600
Naples,Florida 34108
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(hereinafter referred to as"Owner")and
DEVELOPERS SURETY AND INDEMNITY COMPANY
545 E.John Carpenter Fwy., Suite 1420
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Irving,Texas 75062 .ct
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(hereinafter referred to as "Surety") are firmly bound unto Collier County, Florida,
(hereinafter referred to as "County") in the total aggregate sum of Five Million Five
Hundred Thirty Thousand Four Hundred Forty Five and 00/100*** ($5,530,445.00)
in lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents. Owner and Surety are used for singular or
plural,as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has
submitted for approval by the Board a certain subdivision plat named QUARRY PHASE
2 and that certain subdivision shall include specific improvements which are required by
Collier County Ordinances and Resolutions (hereinafter "Land Development
Regulations"). This obligation of Surety shall commence on the date this Bond is 2
executed and shall continue until the date final acceptance by the Board of County -0
Commissioners of the specific improvements described in the Land Development
Regulations(hereinafter the"The Guaranty Period").
NOW,THEREFORE,if the Owner shall well, truly and faithfully perform its obligations
and duties in accordance with the Land Development Regulations during the guaranty
period established by the County, and the Owner shall satisfy all claims and demands
incurred and shall fully indemnify and save harmless the County from and against all
costs and damages which it may suffer by reason of Owner's failure to do so, and shall
(.)
reimburse and repay the County all outlay and expense which the County may incur in
making good any default, then this obligation shall be void, otherwise to remain in full
force and effect.
PROVIDED FURTHER, that the said Surety, for value received hereby, stipulates and
agrees that no change, extension of time, alteration, addition or deletion to the proposed
Packet Pg. 375
16.A.8.b
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specific improvements shall in any way affect its obligation on this Bond, and it does
hereby waive notice of such change, extension of time, alteration, addition or deletion to
the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed
amended automatically and immediately, without formal and separate amendments
hereto, so as to bind the Owner and the Surety to the full and faithful performance in
a.
accordance with the Land Development Regulations. The Term "Amendment,"wherever ki
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used in this Bond and whether referring to this Bond or other documents, shall include 0
any alteration, addition or modification of any character whatsoever. a)
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IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND 0.
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to be executed this 27'h day of January 2006 o
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Attest: —
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c--- s-- -• ,,c...)_.cze-,V')....CS-, .c.- ke-c CENTEX HOMES, a Nevada General g
Witness #-P(Signature) Partnership, by its Managing General cn
Partners, Centex Real Estate Corporation, a c
\).:ACTS7& Nevada Corporation it
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Witness #1 (signature) Developers Surety and Indemnity Company 2
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Marla Daniels c
Witness #1 (Print Name) ,- /
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, WV14 6L' 11,LI ( By: (--// //,-, ,, I , - /, , i ,
Carmen Mims, Attorney-In-Fact
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Edna Weedon E
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STATE OF FLORIDA )
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THE FOREGONIG INSTRUMENT was acknowledged before me this c;Rir'g 0.
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day of Oeteber-2004 by Tim euerifice-i ad Pre_si ctr4,4 (name ot
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and title). He isrially'Gcto me or has produced
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LAUPAIA"71e7-1 1 N' AR PUBLIC-STATE OF LORI i A c,
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(Print, type or stamp notary name)
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THE FOREGOING INSTRUMENT was acknowledged before me this 27th day co
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of January 2006,by Carmen Mims,Attome -In-Fact of DEVELOPERS SURETY AND o
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INDEMNITY COMPANY(name and title). =
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She is personally known to me.
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NOTARY P : IC-STATE OF TEXAS
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L It Allyson Dean
ALLYSON DEAN
(Print,type or stamp notary name)
My commission expires: June 10, 2008 .I.S
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16.A.8.b
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX 19725,IRVINE,CA 92623 (949)263-3300
www.InscoDico,com
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make,constitute
and appoint:
***Carmen Mims, Brian M. Lebow, Allyson Dean, Philip N. Bair, Phyllis Ramirez, jointly or severally***
as its true and lawful Attorrityls)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts
of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in (9
connection therewith as the corporation could do,but reserving to the cotporation full power of substitution and revocation,and all of the acts of said Attomey(s)-in•
Fact,pursuant to these presents,are hereby ratified and confirmed. tt)
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS Fs
SURETY AND INDEMNITY COMPANY effective as of November I,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute _((;)).
Powers of Attorney,qualifying thc Anomey(s)-in-Fact named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of
suretyship;and that the Secretary or any Assistant Secretary ache corporation be,and each of them hereby is,authorized to attest the execution of any such Power of g
Attorney;
.
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RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, :5
and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the futurc with 42
respect to any bond,undertaking or contract of suretyship to which it is attached. Cf)
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President
and attested by its Secretary this I st day of December,2005. ir.
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00,04,4
By.
David H.Rhodes,Executive Vice-President OCT.
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By; *
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Walter A.Crowell,Secretary
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STATE OF CALIFORNIA co
COUNTY OF ORANGE
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On December 1,2005 before me,Gina L.Gamer, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, c
personally known to me(or proved tome on the basis of satisfactory evidence)to be the person(s)whose name(s)islare subscribed to the within instrument and .2
acknowledged to me that he/she/they executed the same in hisfieritheir authorized capacity(ies),and that by his/her their signature(s)on the instrument the person(s), U
or the entity upon behalf of which the person(s)acted,executed the instrument.
to
WITNESS my hand and official seal.
c.)
GINA L.GARNER
.:***-''` COMM.#1569561
Signature
174 NOTARY PUBLIC CALIFORNA
_ (SEAL)
\-!1-4,'," ORANGE COUNTY
Mv comm.axptres y13,2009
to
CERTIFICATE
The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the foregoing Power of
Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolution of the respective Boards of Directors of said corporation
set forth in the Power of Attorney,is in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,the 7_ hday of_Janthary 2006.
By
Albert Hillebrand,Assistant Secretary
ID-1438(DSI)(Rev. 12;05) Packet Pg. 378
181-A.8.b
The Quarry-Phase 2
Engineer'sOpinion of Probable Cost
WilsonlVliller, Inc. Drawing File No. D-0442-150
Summary
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Potable Water $404,114 3
4 12. a
Wastewater
$1,018,058 i7,45 14 ti L Scx
Drainage $1,041,147
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Paving $1,159,858
Lighting $620,000
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Survey(Installation of PCPs) $4,500
Landscape and Irrigation $780,000
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Total $5,027,677
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Bond Amount= 110% $5,530,445
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Lisa M. Giordano,P.E.
License No. 59318
WilsonMiller,Inc. -FL LIC. #LC-0000170
2r21/2006 08862
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i4O442-609-000
16A.8c
RESOLUTION NO. 16-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN QUARRY
PHASE 2, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 45,
PAGES 48 THROUGH 57; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE PLAT DEDICATIONS
WHEREAS, the Board of County Commissioners of Collier County, Florida, on C
March 14, 2006, approved the plat of Quarry Phase 2 for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as v
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and w
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his 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 COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Quarry Phase 2, pursuant to the
plat thereof recorded in Plat Book 45, pages 48 through 57, and the Clerk is hereby
authorized to release the maintenance security.
E
BE IT FURTHER RESOLVED AND ORDERED that the plat dedications are
hereby accepted, and the roadway and drainage improvements within Quarry Phase 2 will
be maintained privately in the future and will not be the responsibility of Collier County.
Packet Pg.380
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1.6A8 C.
This Resolution adopted after motion, second and majority vote favoring same,
this day of ,2016.
DATE: BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY,FLORIDA
DWIGHT E. BROCK, CLERK
By:
,Deputy Clerk DONNA FIALA, CHAIRMAN
Approved as to form and legality:
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Scott A. Stone
Assistant County Attorney d
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