Backup Documents 09/27/2011 Item #16A 216A2
MEMORANDUM
Date: November 14, 2011
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Construction & Maintenance Agreement and
Performance Bond #5039911
Veronawalk Phase 4C, Benelli and Karina Court
Replat
Attached for your records is a copy of the document referenced
above (Agenda Item #16A2) adopted by the Board of County
Commissioners on Tuesday, September 27, 2011.
If you should have any questions, please feel free to contact me at
252 -8411.
Thank you.
Attachment (1)
1 16Q2
[PRINTER TABLE command: COURIER)
ITEM NO,: OFFICATTORNEY
COUNTY Y
DATE RECEIVED:
FILE NO.: 11 ROY -I pm 4: f 8
ROUTED TO
DO NOT WRITE ABOVE THIS LINE (orig. 9/89)
REQUEST FOR LEGAL SERVICES
ACTION REQUESTED: Review, execute if found to be sufficient and forward to BCC,
OTIJERCOMMENTS:
BCC, Approval 9/27/11 16-A
lbg2
TITLE OPINION
VERONAWALK PHASE 4C, BENELLI AND KARINA COURT REPLA'I'
This opinion is provided pursuant to Section 177.041, Florida Statutes, to:
The Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, FL 34112
On this 16T" day of September, 2011, I, Steven M. Falk, a licensed attorney authorized to practice in the
State of Florida, examined record title information to the real property described in the attached Exhibit
"A ", which is incorporated herein by reference, said land being located in Collier County, Florida
( "Property"), evidenced by a Title Search Report from Attorneys' Title Fund Services, LLC, #64- 2011 -3125
dated September 13, 2011 (the "Title Search Report "), effective as of September 1, 2011 at 11:00 p.m.
Based solely upon my examination of the Title Search Report and assuming the accuracy of the
information contained therein, it is our opinion that as of September 1, 2011 at 11:00 p.m.:
The record title to the Property is vested in DIVOSTA HOMES, L.P., a Delaware limited partnership, by
Special Warranty Deed recorded in Official Records Book 4040 at Page 389, Public Records of Collier
County, Florida, a copy of which is attached hereto as Exhibit `B ".
Said record title holder has a fee simple title thereto, subject, however to the following qualifications as of
September 1, 2011 at 11:00 p.m., as set forth on the attached Exhibit "C ". Taxes have not been assessed to
the Property, The encumbrances set forth in Exhibit "C" do not create a lien or security interest in any
easements in favor of Collier County, Florida or the Collier County Water -Sewer District.
There are no mortgages not satisfied or released nor otherwise terminated by law.
Not covered in this Title Opinion are: rights of parties under unrecorded purchase agreements, easements or
leases, if any; and facts that might be disclosed by an accurate survey or personal inspection of the Property.
Respectfully submitted,
rZ
Steven M. Falk, Esq.
Florida Bar # 0930570
Roetzel & Andress, a Legal
Professional Association
850 Park Shore Drive, Suite 300
Naples, FL 34103
(239) 649 -6200
648919 v_02 \ 115879.0002
� i� ' i
3841696 RaacoR� 40of 40 PG-
,•�t •
&BC OFFICIAL o n co0oRZ89e1
05/18/2006 at 03:54PN DNIGBT B. BROCN, CLRRL
CONS 15399929.00
Prepared By:
RIC PBS 52.50
DOC -.70 10780.00
Lee Treadwell
COPIES 5.00
6
Barron Collier Company
Retn:
2600 Golden Gate Parkway
BARRON COLLIER CO
Naples, Florida 34105
2600 GOLDEN GATE PUT #200
NAPLES It 34105
Folio No. 00438440009
00448040004
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made as of this f j � 4 h day of &-i— ,
2006, by and between BARRON COLLIER COMPANY, LTD., a Florida limited
partnership, whose address is 2600 Golden Gate Parkway, Naples, FL 34105, as "Grantor"
and DIVOSTA HOMES, L.P., a Delaware limited partnership, whose address is 9148 Bonita
Beach Road, Suite 102, Bonita Springs, FloriAa,L34135, as Grantee ".
WIT ^0�
1^
That said Grantor, for consideration of the Ten ($10.00) Dollars, and
other good and valuable co ide at to i aid b the rantee, the receipt and
adequacy of which is hereb ac wled an b ain d and sold to the Grantee,
its successors and assigns re r t oroyv sc 1 p perty, located and situated
in the County of Collier S to of o 'd , th " ro ert
SEE EXHIBIT A A HED HERETO PART HEREOF.
r0
This conveyance is su 1� the following:
f
e
1. Taxes for the year adrs.
2. Conditions, restrictions, limitations and easements of record, if any, without
any intent to reimpose the same.
3. Laws, zoning laws, regulations or ordinances affecting the subject real
property.
4. Oil, Gas and Mineral rights, titles, interests, powers and privileges of record,
which rights, titles, interests, powers and privileges are hereby expressly
reserved, provided that surface exploration rights as to such Oil, Gas and
Mineral rights, titles, interests, powers and privileges have been waived
pursuant to that certain Waiver of Surface Exploration Rights recorded
simultaneously herewith.
TOGETHER with all the easements, tenements, hereditaments and appurtenances
thereto, and all improvements now located on the Land, if any;
8AR;;.0N1
OLE NL �BER
10 (O
OR: 4040 PG: 406A
2
TO HAVE AND TO HOLD the same in fee simple forever.
Subject to the matters described above, Grantor hereby covenants with said Grantee that the
Grantor is lawfully seized of said land in fee simple, that the Grantor has good right and lawful authority
to sell and convey said land and hereby fully warrants the title to said land and will defend the same
against the lawful claims of all persons claiming by, through or under the Grantor.
IN WITNESS WHEREOF, the Grantor has caused these premises to be executed the L4�day
of 2006.
[THIS SPACE HAS BEEN W,
ENTIONALLY LEFT BLANK]
IU i
Signed, sealed and
delivered in the presence of-
Signature
e/0xrd A - s,4Aw
Printed Name
Signature GAI. W MDERSON
Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrume
2006, by PAUL J. MARINELI
LTD. on behalf of BARRON (
personally known to me or has
OR: 4040 PG: 0391
BARRON COLLIER COMPANY, LTD., a Florida limited
partnership
I W-)a
PAUL. MARINELLI, Chief Executive Officer
�'
me th day of ,
N COLLIER C
orda limited partnership, who is
SUSAN L. MATURO
sion Expires:
y M • MY CO MOM 00343616
-
«V E*N. oaob.r 13.2000
BARRON 00WER CO
O:f N_ tA0 pEN
Y
Signed, sealed and
delivered in the presence of
OR: 4040 PG. 03916 A 2
BARRON COLLIER COMPANY, LTD., a Florida limited
partnership
�L �,t 4 -Q0 06.&�aNZ By: C)gH&CAgAZ
Signature W. ANDERSON
(SAIL, LAMAR GA14LE, as a general partner
Printed Name
Si ature
SANDRA P. T OMAS
Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrume
2006, by LAMAR GABLE, as
of BARRON COLLIER COM
me or has produced
C.�
s,acdcnowk -Red befoLe me i
N
P
ay of ,
COMPANY, L D. on behalf
ip, who is personally known to
SUSAN L. MATURO
ission Expires:
MeWLMOM
�, camerna� oosw�e+e
�Y) EOM oc+ W 15, 2006
W11,1N COL! 01 CO
F" NUMBER
o i0
OR: 4040 PG: 0393
EXHIBIT "A„
Description of part of Sections 26 & 35, Township 50 South, Range 26 East,
Collier County, Florida.
(VeronaWalk Phase Four Buy)
All that of part of Sections 26 & 35, Township 50 South, Range 26 East, Collier County, Florida,
being more particularly described as follows;
Commencing at the Southwest corner of said Section 26;
Thence along the south line of Section 26, S.89 °33'56 "E. 60.00 feet to the POINT OF BEGINNING of
the parcel herein described;
Thence continue along the South line of Section 26, S.89 °33'56 "E. 40.00 feet;
Thence leaving said line and along the East line of a 100' Collier County right -of -way recorded in Official
Record Book 21, Page 183, Public Records of Collier County, Florida N.00 °50'24 "E. 1,632.19 feet;
Thence leaving said line S.89 °09'36 "E. 318.44 feet;
Thence N.45 °00'00 "E. 492.17 feet;
Thence N.90 °00'00 "E. 892.25 feet;
Thence S.00 000'00 "E. 871.91 feet; T y'``'1 -�*
Thence S.14 °4257 "W. 1,193.25 feet;R ���� \
Thence S.63 °32'09 "E. 1,406.77 fee
Thence Southwesterly, 188.38 f a t e arc of a non-tan gen 1 ci ular curve concave to the
southeast, having a radius of 2,0 9.9 f , u angle f 0 11'21" and being subtended by a
chord which bears S.38 °40'34" 1 8.3 fee t of c mpoun c ature;
Thence Southwesterly, 289.24 eet ca a to the southeast, having a
radius of 1 ,907.24, through a gle f 8 1 " u end*d by a chord which bears
S.31 24 42 W. 288.96 feet;
Thence S.27 °08126 "W. 37.52 f
Thence S.86 °58'08 "E. 188.17
Thence S.24 044'59 "E. 97.63 feet,
f (,;
Thence 5.27 °07'58 "W. 159.97 fee,
Thence 5.74 °02'37 "W. 249.39 feet;'` '� _. 1;�%
Thence S.79 °03'56 "W. 20.96 feet; (� v.
Thence S.27 °08'26 "W. 303.10 feet;
Thence S.59 024'24 "W. 11.32 feet;
Thence S.76 °25'50 "W. 58.00 feet;
Thence S.27 °08'26 "W. 565.60 feet;
Thence southwesterly, 425.33 feet along the arc of a circular curve concave to the northwest, having a
radius of 360.00 feet, through a central angle of 67 °41'38" and a being subtended by a chord which bears
S.60 °59'15 "W. 401.02 feet to a point of reverse curvature;
Thence southwesterly, 134.28 feet along the arc of a circular curve concave to the south, having a radius
of 240.00 feet, through a central angle of 32 °03'24" and a being subtended by a chord which bears
S.78 048'22 "W. 132.53 feet to a point on the east line of a Florida Power & Light Company easement
recorded in Official Record Book 853, page 318, Public Records of Collier County, Florida;
Thence along said line S.00 °37'53 "W. 151.97 feet;
Thence leaving said line N.89 °22'07 "W. 110.00 feet to a point on the west line of said Florida Power &
Light Company easement;
Thence leaving said line S.63 °27'56 "W. 783.22 feet;
Thence S.71 025'27 "W. 507.06 feet to a point on the East line of a 100' Collier County right -of -way
recorded in Official Record Book 68, Pages 397 -399, Public Records of Collier County, Florida;
Thence along said line N.00 °50'06 "E. 474.23 feet;
FILE
NL'tdd:R
lgAz
* ** OR: 4040 PG: 0394 * **
Thence continue along said line N.00 052'55 "E. 2,619.36 feet to the POINT OF BEGINNING of the
parcel herein described.
Containing 191.04 acres, more or less.
Subject to easements and restrictions of record.
Bearings are based on the North line of Section 26 being S.89 °3726 "E.
WilsonMiller, Inc.
Marcus L. Berman, Professional Surveyor & Mapper
Florida Registration No. 5086
Not valid unless embossed with the Professional's seal.
W.O.: N0506 -FWO- 000 -GCO15
REF.: 3E -27
DATE: November 25, 2003
REVISED: June 4, 2004
REVISED: April 12, 2006
co
L AU
TITLE SEARCH REPORT 16 A 2
Fund File Number: 64- 2011 -3125
Restrictions /Easements:
1.
Note: The subject property appears to border on a body of water.
2.
Rights of the lessees under unrecorded leases.
Any liens created or levied pursuant to Chs. 190, 170, and 197, F.S., pertaining to community
development districts.
oisc°J
4.
Notice of Adoption of Development Order recorded in O.R. Book 2664, Page 807, Public
�\0
\_
Records of Collier County, Florida.
5.
Easement in favor of South Florida Water Management District, contained in instrument
recorded September 4, 2003, in O.R. Book 3387, Page 2951, Public Records of Collier
County, Florida.
6.
Notice of Permit recorded in O.R. Book 3400, Page 314, Public Records of Collier County,
Florida.
7.
Covenants, conditions and restrictions for WINDING CYPRESS recorded February 19, 2004,
O. R. Book 3524, Page 868, Public Records of
in O.R. Book 3504, Page 1787, as amended in
Collier County, Florida.
8.
Covenants, conditions and restrictions for VERONAWALK recorded February 23, 2004, O.R.
3570, Page 524, O.R. Book 3599, Page 4012,
O.R. Book 3506, Page 903, O.R. Book
Book 3741,
1927, Public Recolyds of Collier County, Florida.
age 501 and O.R. ook 694, Page
4384, Page 1
9.
Notice of Establishment on Certain Real Property within Collier County Owned by DiVosta
"Verona Walk Community Development District" recorded in O.R. Book
Homes L.P. of the
3567, Page 1666, Public Records of Collier County, Florida.
10.
Oil, gas, mineral, or other reservations as set forth in deed by Barron Collier Company, Ltd.,
O.R. Book 4040, Page 389, along with Waiver of
a Florida limited partnership recorded in
Rights recorded in O. R. Book 4040, Page 379, Public Records of Collier
Surface Exploration
County, Florida. No determination has been made as to the current record owner for the
interest excepted herein.
11.
Notice of Extension of a Previously Approved Development of Regional Impact (DRn for
Cypress DRI recorded in O.R. Book 4322, Page 2208, Public Records of Collier
Winding
County, Florida.
12.
Resolution No. 2010 -168 recorded in O.R. Book 4610, Page 2307, Public Records of Collier
County, Florida.
13.
Notice recorded in O.R. Book 4622, Page 1323, Public Records of Collier County, Florida.
14.
All matters contained on the Plat of V ronada.lk Phase 4C, as recorded in Plat Book 50, Page
25, Public Records of Collier County,
Rev. 12/10
EXHIBIT "C"
Page 3 of 9
TITLE SEARCH "PORT 16 A Z
Fund File Number: 64- 2011 -3125
15. Utility Facilities Warranty Deed and Bill of Sale recorded in O.R. Book 4693, Page 3097,
Public Records of Collier County, Florida.
Other Encumbrances:
None
REAL PROPERTY TAX INFORMATION ATTACHED
Proposed PurehaserlMorigagor:
N/A
The name of the proposed purchaser /mortgagor was searched for the past twenty years for unsatisfied
judgments and tax liens (state, federal and other liens for the recovery of money) and personal names
were checked for unrestored incompetency and for guardianship proceedings. The following matters
appeared of record and copies are attached for evaluation by the agent.
None
STANDARD EXCEP'T'IONS
Unless satisfactory evidence is presented to the agent eliminating the need for standard exceptions, the
following should be made apart of any commitment or policy.
1. Taxes fur the year of the effective date of this policy and taxes or special assessments which are
not shown as existing liens by the public records.
2. Rights or claims of parties in possession not shown by the public records.
3. Encroachments) s overlaps, survey and disputes, and any
the premisteecr matters which would be
disclosed by an accurate
4. Easements or claims of easements not shown by the public records.
S. Any lien, or right d alt shown services, the labor,
records. mterial heretofore or hereafter furnished,
imposed by la
Page 4 of 9
Rev, 12110
16A 2
COLLIER COUNTY LAND DEVELOPMENT CODE
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IlVIPROVEWNTS entered into this 28th day of October , 2011 between DiVosta Homes, LP,
hereinafter referred to as "Developer ", and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the "Board ".
RECITALS:
A. The 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 VeronaWalk Phase 4C Replat.
B. Chapter 4 and 10 of the Collier County Land Development Code requires the Developer to post
appropriate guarantees for the t ebe incorporated atedf the improvements required by
bonded agreement for the subdivision the
regulations, said guarantees
required improvements.
NOW, THEREFORE, evelo consideration and the Board do hereby covenant and agree as follows covenants
hereinafter set forth, the Developer
1. Developer will cause to be constructed: The paving, drainage, potable water system, earthwork,
landscaping, and street lighting improvements within eighteen. (18) 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) itructio plust1 of 00% 2of� the probable cost to Complete
of the total contract cost to complete
the required improvements at the date of this Agreement.
complete such
3. In the event of default by the Developer or failure of the Developer Coll County, may
improvements within the time required by the Land Development Code, C
call upon the subdivision performance security to insure satisfactory completion of the required
improvements.
4. The required improvements shad engineer be considered
the finallproject records have been Earn shed
completion by the Developers e g g
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, e Developer3in6writingsof his preliminarysapproval of
substantial completion either: a) notify rove
the improvements; or b) notify the Developer in writing of his refusal to app