Resolution 1997-403RESOLUTION NO. g7-40~
RESOLUTION AUT~0RIZIN~ THE ACCEPTANCE OF STONEBRIDGE
UNIT FOUR A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED
PLAT KNOWN AS SOUT~L%MPTON UNiT ONE, AND AU~{ORIZING T~E
VACATION OF A PORTION OF TRACT GCP, OF A PREVIOUSLY
RECORDED PLAT OF SOUTHAMPTON UNIT ONE ACCORDING TO THE
ATTAC~ED LEGAL DESCRIPTION, PETITION AV- 97-018
WHEREAS, the Board of County Commissioners of Collier County,
Florida, on June 23, 1992, approved the plat of Southampton Unit One
for recording; and
WHEREAS, Taylor Woodrow Communities is replatting a portion
of Tract GC9, 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, Taylor Woodrow Comminities desires to vacate a
portion of the previously recorded plat as described in Exhibit A;
and
WHEREAS, this parcel, the approved plat of Stonebridge Unit
Four, is a part of a previously approved and recorded plat,
Southampton Unit One, and the filing and recording of this approved
plat shall not affect access to lots previously conveyed under the
Southampton Unit One plat.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF
COUNTY COM){ISSIONERS OF COLLIER COUN%"~, FLORIDA, that the plat of
Stonebridge Unit Four, a part of a previously approved and recorded
plat, Southampton Unit One, is hereby approved for recording and the
dedications contained on the plat of Stonebridge Unit Four 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.
ATTEST:.'
kp~roged'.as'td form and legal
sufficiency: '
Heidi F. Ashton
Assistant Collier County Attorney
COLLIER COUNTY/ ~R~
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ATTACHMENT D
PETITION TO VACATE. AVANDON. DISCONTINUE. OR CLOSE.,.
Address: ~ - ' --- Teleph
Ci~/Sc~ce: . -- Zip Code:
Address: Telephone
City/State: Zip Code:
~al Description:
Subdivision: ~~
Plae Book Page(s)
Reaso~n fo,r .Request:
Current Zoning: Does this affect density?
I Hereby Authorize/Agent Above to Represent Me for chis Petition:
Yes v No ...
Sign~ture of Petio~na~
Date
Please see "Policy and Procedure of Vacation and Annulment" for the list of
supportive materials vhich must accompany this petition, and deliver or mail to:
Transportation Services Division
Collier County Covernment Complex
Naples, Fla. 33962
Telephone: (9&1) 77h-849&
*(1)
(2)
(3)
(5)
If applicant is a land trust, so indicate and name beneficiaries.
If applicant is corporation other than a public corporation, so indicate
and name officers and major stockholders.
If applicant is a partnership, limited partnership or other business
entity, so.indicate and name proincipals.
If applicant is an owner, indicate exactly as recorded, and list all other
owners, if any.
If applicant is a lessee, attach a copy of lease, and indicate actual
owners if not indicated on the lease.
RD~/kc/082095/739
PERFORMANCE BOND
Bond No. 18.40.14
Premium: $1,863.00
KNOW ALL PERSONS BY THESE PRESENTS: that
TAYLOR WOODROW COMMUNITIES
9809 NO. AIRPORT ROAD
NAPLES, FL 34110
(hereinafter referred to as "Owner") and
AMERICAN HOME ASSURANCE CO.
?0 PINE STREET
NEW YORI~ NEW YORK 10270
(hereinafter referred to as "Surety") are held and £u~y bound unto Collier County, Florida
(hereina!=ter referred to as "County") in the total aggregate sum of THREE HUNDRED
SEVENTY-TWO THOUSAND SEVEN HUNDRED SIXTEEN DOLLARS AND 85/i00
~ 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 Tills OBLIGATION is such that whereas, the Owner has submitted
for approval by the Board a cedain sulxlivi~i0n plat named STONEBRIDGE - UNIT IV and
that certain subdivision shall include specific improvements which are required by Collier
County Ordinances and Resolutions (hereinatter ."Land Development Regulations"). This
obligation of the SureOj shall commenCe on the date this Bond is executed and shall continue
until the date of final ncceptance by the Boast of County Commissioners of the specific
improvements described in the Land Development Regulations (hereinafter the "Guaranty
Period"). '~ ~"~ ....... "' '
NOW, THEREFORE, if thc Owner shall well, truly and faithfully perform its obligations and
duties in accordance with the Land Developn'ient Regulafion~ during the guaranty period
established by the County, and the Owner shall ~atisf-y ~I clain~ and demands incurred and shall
fully indemnify and .save harml~ th~ County from ired ~aln~t ail eom and damages which it
may suffer by reason of Ownc~'~ failure to do m, and shall reimbur~ and repay the County all
outlay and ~pense which the County may Incur in making good any default, then this obligation
shall be void, otherwis~ to m-hain in full force'and effect.
PROVIDED FURTItER, that the r~id Surety, for value received hereby, stipulates and agrees
that no change, exter~ion of time, altea'atlon, addition or deletion to the proposed specific
improvements shall in any way affect it~ obligation on this Bond, and it does hereby waive notice
of any such change, extemion of time, nim'ation, addition or deletion to the proposed specific
improvements.
1 6A2q
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 accordance with the Land
Development Regulations. The term "Amendment," wherever used in this Bond, and whether
referring to this Bond, or other documents shall include any alteration, addition or modification
of any character whatsoever. '~
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to
be executed this 12th day of September 1997.
Signed, Sealed and Delivered
in the presence of:
Printed or typed name
Laurie J. Wood-Peters
Printed or typed name
TAYLOR WOODROW COMMUNITIES, a
Florida General Partnership
By: ~
TAYLOR WOODROW HOMES
FLORIDA, INC.
a Florida Corporation, a General Partner
John IL Peshkin. President
Printed
or typed name
-2-
1 6A2_., 41
Signed, Sealed and Delivered MONARCH HOMES OF FLORIDA, INC.,
in the presence off a Florida Corporation, a G~eral Partner
~ E. Pt~_~ John IL Peshkln. President
Printed or typed name Printed or typed name
L~ude J. Wood-Petem
Printed or typed name
by.~Lg..P_~ as President of both Taylor Woodmw Homes FloridA, Inc., a Florida
Corporation and Monarch Homes of Florida, Inc., a Florida Corporation, as the general partners
of TAYI, OR WOODROW COMMUI~TI~S, a Florida General Partnership.
,,~who is personally known to me; or
/who has produced a Florida driver's license as identification
and did/did not take an oath.
tIU' iii ~i ~~sees~s~s~ I} My Commission Expires:
II~t go'~: ~rt 24 ~
-3-
1 6A2' '1
Witneg$: -i'r'. ~,~te,a
ess: ~e.., ;n I..~dl:~..~t
B
HOME ASSURANCE CO.
Steven N. Passerine, Attorney In Fact
The foregoing instnmaent was acknowledged.before me this
CO.~
and did/did not take an oath.
th day of 1997, by
of AMERICAN HOME ASSURANCE
who is personally known to me; or
who has produced a Florida driver's license as identification
"? ~'- NOTARY PUBLIC
% ~ Pi/fit Name
My Commission Expires:
Commission Number:.
Filc:c:~amidocs~PBU4
' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Francisco
On 9/12197
DATE
personally appeared
before me, ' Y,A~LEEN EARLE ,
NAMF_ TITLE O~ OFFICER . E,(~, 'JANE DOE. NOTARY PU6LIC'
Steven N. Passerine
NAME(S) OF SIGNER{S)
[] personally known to me - OR -["] proved to me on the basis o! satisfactory evidence to
be the person(s) whose name(s) is/are
, subscribed to the within instrument and ac-
.: knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
~..~TL~qE C~= NOTARY
· OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
[] INDIVIDUAL
[] CORPORATE OFFICER
TITLEIS)
[--] PARTNER(S) ["'] LIMITED
r'~ GENERAL
[] ATTORNEY-IN-FACT
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OFPAGES
SIGNER iS REPRESENTING:
NAME 04: PERSONIS) OR ENTITYIIE$)
THE SURETY COMPANY
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
rnerican llome Assurance Company
~onal Union Fire Insurance Company of Pittii
Principal Bond Office: 70 Pine St.reeL New York. N.Y. 10270
KNOW ALL MEN BY TiIESE PRESENTS:
Pa.
POWER OF ATTORNEY
No. o3.B-11976
That Amcrican Homc Assurance Company. a New York corporation, and National Union Fire Insurance Company of Pittsb,,rgh.
Pa.. a Pcnn~'Ivania corporation, doe~ each hereby appoint
--Steven N. Passerine, Kathleen Earle, Laura I_ Plaisant, Michael B. blcGowan, Robert E. Chovick: of San Francisco, California~ :
its true and lawful Attorney(s}-in-Fact. with tull authority to execute on its behalf bonds, undertakings, rccogni/,ances and other
contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the res~-ctive
company thereby.
IN WITNESS WHEREOF. American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.
have each executed the~e presents this ~2 I$.t. day of A_p_~. 1997.
K~tt
National Union Fire Insurance Company of Pittsburgh. PA.
Executive Vice President
American Home Assurance Company
STATE OF NEW YORK }
COUNTY OF NEW YORK}ss.
On this 21.si day of At~ril. 1997 before me came the above-
named officer of American Home Assurance Company and National
I.'nton Fire Insurance Company of Pittsburgh. Pa.. to me igxatmally
kno',~.It 10 be the individual and officer de,,~'ri~ herein, and
ackno~ledged that he executed the foregoing instrument and affixed
ti,,: .<:,Is of said corporations thereto by authority of his office.
CAROL RAGAB
Pubt;c. State ol New York
N.': O',RAS.'~520! 1
Ouahl,e¢! tn ~,n~ Coun:yI
CERTIFICATE
E,.,:q~ts of R,:solutions adopted by thc Boards of Directors of American Home Assurance Company and National Union Fire Insurance Co,nix'my
,4' I'tl:sburgh. Pa. on May IS, 1976:
'RESOLVED. that the Chairman of the Board, the PresidenL or any Vice President be. and hereby is. authorized to appoint Attorn,.-,.'s.in-Fact to
:c;,rc.~nt and act for and on behalf of the Company to execute Ix~d~, undertakings, recognizamces and other contracts of indcn'mity and ~Tit:ngs
uhh~atory m thc nature thereof, and to attach thereto the corporate seal of thc Company, in the transaction of its surety business'.
'RESOLVED. that thc signatures and attestations of such officers and thc leal of thc Company may be affixed to any such Power of Attorm?,.' or to
a::'. ccn,ficate relating thereto by facsimile, and any ~ch Power of Attorney or certificate beating such facsimile signatures or facsim,le ~':.d shall
,% ~ahd and binding upon the Company when ~o affixed with respect t~ any bond. undeaaking, recognizance or other contract of indemnity or
..,,.-:t:ng obl,gatory in the nature thereo~.
'RESOLVED. that any such Attom~'.in-Fact delivering a secrem'iai certification that the forgoing resolutions still be in eff,.'ct ma',' m.<r~ m s,ch
.c::::~c;a,,n the date thereof, said date to be not later than the date ofdeli,~ery thereof by such Attorney.in-Fact.'
: !.It/aN::h M Tuck. Secretary. of American Home Assurance 12ompany and of National Union Fire Insurance Company of Pittsburgh. Pa. do
he:cb', ccrt~$' that the foregoing excerpts of Resolutions adopted by the Boards of Directors of the.ne corporations, and the po,hers of Attom,.3
;..:;cd p,r,t,:,nt thereto, ate true and correct, and that both the Resolutions and the Powers of Attorney ate in full fore,: and effect
IN ~,~, ITN ESS WIIEREOF, I have hereunto set my hand and afl]xed the facsimile seal ofem:h ea:nlxn'ation
this 12th day of September .In 97_
Elizabeth M. Tuck. Secreta .'
16^i
CONSTRUCTION AND MAINTENANCE AGREEMENT
OF SUBDMSION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREElVrENT FOR
SUBDMSION IMPROVEMENTS entered into this~day of ~ 19,~ between
TAYLOR WOODROW COI~ViUNITI~S hereinafter referred to~as "Developer", and the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,,
hereinafter referred to as "The Board"
1. 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 Stonebridge Country
Club, Unit IV, being a replat of Tract H and part of Tract GC9, of Southampton Unit 1.
2. Division 3.2 of the Collier County Unified Land Development code requires the
Developer to post appropriate gumuntees 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 eovenant and agree as follows:
1. Developer will cause to be constructed:
Infrastructure including drainage, water, sanitary, roads, code required
landscaping within thirty-six (36) months from the date of approval of said subdivision plat, said
improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto
as Exlfibit "A" and by reference made a part hereo0 in the mount of THREE HUNDRED
SEVENTY-TWO THOUSAND SEVEN HUNDRED SIXTEEN DOLLARS AND 851100
~ Dollars which amount represents 10% of the total contract cost to complete
construction plus 100% of the estimate cost of to complete the required improvements at the
date of this Agreement.
The Developer shall maintain all required improvements for a minimum period of
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 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 acceptance of the improvements; or 0a) 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 Dirt~ztot~s a~val ofthe 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.
6.
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 the Collier County Land Devel°~)ment Code as reflected by final approval by
the Board, the Board shall release the remaining 10% of the subdivision performance security.
The Developers responsibility for maintenance of the required improvements shall continue
unless or until the Board accepts maintenance responsibility for and by the County.
7. Six (6) months after the eX''on 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 ~.-curity 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 con?letion by the Developers 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 Adm~mstrator may call upon the
subdivision performance security to secure Satisfactory completion, repair and maintenance of
the required improvements. The Board shall l~ave the fight 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.
16A2
9. All of the terms, covenants ~nd conditions herein contained are and shall be
binding upon the Developer and the r~peC~Ve S~CCessors and assigns of the Developer.
IN WITNESS WHEREOF~:the Board and the Developer have caused this
day of
by the{r duly .authorized representatives this
TAYLOR WOODROW COMMUNITIES, a
Flo~da General Partnership
By:.- .
TAYLOR WOODROW HOMES
FLORIDA, INC.
a Florida Corporation, a General Partner
-'~I~hri R~ Peshkln. President Printed or typed name
Agreement to be executed
Signed, Sealed and Delivered
in the presence off
Printed or.typed .name
~urle J. Wood-Peters
Printed or typed name
Signed, Sealed and Delivered
MONARCTI HOMES OF FLORIDA~ INC.,
i~e presence of'. , ,4 'a Florida Corporation, a General Partner
:i 55,' :', John IL Pes~in,_ President
Printed or typed name
L~ufle J. Wood-Peters
Printed or typed name
~,,,-',: DWIGHT E- BR, OCK, CLERK
ll!er County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COJ,,~EK CQ.UNTY, F~_ 9RIDA /
By:~
Fil¢:C.~MAU4