Resolution 1994-168
9~ HAR 17 PH I: or,
RECORDED
0019211
OR BOOK
001064
PAGE
RESOLUTION NO. 94~
HARCH IS, /994
RESOLUTION AUTHORIZING THE ACCEPTANCE OF KENSINGTON
PARK, PHASE TWO A REPLAT OF A PORTION OF A PREVIOUSLY
RECORDED PLAT DOWN AS KENSINGTON PARK, PHASE ONE
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, John N. Brugger, individually and as Trustee is
replatting a portion of Tract D of Kensington Park, Phase One and
has filed for a replat of said lands; and
WHEREAS, this replat does not extinguish or in anyway affect
the dedications contained in the previous plat of these lands unless
said dedications are foraally vacated simultaneously with the
acceptance of this replat; and
WHEREAS, this parcel, the approved plat of Kensington Park,
Phase Two, is a part of a previously approved and recorded plat,
Jtansinqton Park, Phase One, and the tiling and recording of this
approved plat shall not affect access to lots previOUSly conveyed
under the Kensington Park, Phase One plat.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF
COUNTY COKHISSIONERS OF COLLIER COUNTY, FLORIDA, that the plat of
Xensington Park, Phase Two, 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 Two are hereby accepted.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk of the
circuit Court shall _ke proper notation ot this action upon the
previous plat.
This ReSOlution adopted after )Dotion, second and majority
vote favoring sa.e.
DATED: '~i~Ch"15,,, 1994
ATT1!P.r:UU''1lfJ/;' ",
.'" "'"/"", 'IJ",",
... .f<'.l~"",,,., I,
,,' ,~:"I::"~',
'?'fj~'.:,E':~il~~ berk
'~1t-'1' "'11'"_
;.;,..,.~..".. ':';',-
.. .......~! r.,( "i.. ~.
-i;.:"~'i:c> /~4 ~~.4P. e
III ..."'........"l.~. ~..' "'..
/~ "'f:..7. .' ...., .
, '$11111\\\ 0'
COKHISSIONERS
FLORIDA
Approved as to fora and legal
SUfficiency:
~"b,~ ~
Richard D. ovanovich
Assistant Collier County Attorney
\....
/' . ~I, t'~
_a\' .,r.'I"4-'\;~
...... ..' \'." ~~.
A/.'-,.' ..... (\;
.....\\Gs':;,~j..
~\\...\.' ~
~\91'
HARCH 15. 1994
COW.~UC%IO. AM>> XAI~E.A.CE AGREEMEXT OF SOBDIVISIOX IMPROVEMENTS
PRIOR TO RECORDIXG OF PLAT
THIS AGREEMENT entered into this /..fi:;(.. day of ~ ' 19'\1'
betveen John .. Brugger, In4ivi4uilIy an4 as rust.e hereinatBer
referred to as "Oeveloper", and the Board of County Commissioners of
Collier County, Florida, hereinafter referred to as "The Board".
RECITALS
1. Oeveloper has, siIDultaneously with the deliVery of this
AgreeIDent, applied for the approval by the Board of a certain
plat of a SUbdivision to be known as:
KEXSIXGTO. PARK, PHASE TWO
2. Division 3.2 of the Collier County !.and Development Code allows
the Developer to construct the iIDprovements required by said
SUbdivision regulations prior to recording the final plat.
NOW, THEREFORE, in consideration ot the foregoing premises and mutual
covenants hereinatter set forth, Developer and the Board do hereby
COVenant and agree as follows:
1.
.
Developer will cause to be constructed:
Water, Sever, Drainag., Roa4vays, Stre.t Lighting and Perimeter
Lal14scaping
vithin 36 months from the date of approval of said SUbdivision
plat, said improvements hereinafter reterred to as the required
i.provements.
2, Developer herewith agrees to construct said improvements prior to
recording said SUbdivision plat and the Board of County
COIDIDissioners shall not approve the plat tor recording until said
iJDprovements have been completed.
3. Upon completion of said improvements, the Developer shall tender
its Letter of Credit in the amount of . 19,735.'2 which
represents 10\ of the total contract cost to complete
construction. Upon receipt of said Letter of Credit by the
Development Services Director, the Developer may request the
Board of County CommiSSioners to approve the SUbdivision plat for
recording and grant preliminary acceptance ot said plat.
lOOK aOOPlr.!107
1 of 3
8.
MARCH IS, 1994
4.
The required improv8lDents shall not be considered cOlDplete until
a sta~e.ent of substantial completion by Developer's engineer
along with the final project records have been furnished to be
raviewed and approved by the Development Services Director tor
cOlDpliance with the Collier County Land Develop)Dent Code. The
Development Services Director shall, within sixty (60) days of
receipt of the statement of substantial completion, submit his
recom.endations concerning the required improvements to the
Board.
5.
Upon receipt by the Board ot recommendations trom the Development
Services Director concerning required improvements, the Board
shall within thirty (30) days either: a) notify the Developer in
writing ot its preliminary acceptance ot the improvements; or b)
notify the Developer in writing of its retusal to accept
improvements, therewith specitying those conditions which the
Developer must tulfill in order to obtain the Board's acceptance
of the improvements. However, in no event shall the Board retuse
preliminary acceptance ot the i)Dprovements it they are in fact
constructed and submitted for approval in accordance with the
requirements ot this Agreement.
6.
The Developer shall maintain all required improvements for a
minimum period ot one year atter preliminary acceptance by the
Board; atter the one year maintenance period by the Developer has
terminated the Development Services Director shall inspect the
improvements and, if tound to be still in compliance with Collier
County Land Development Code as retlected by final acceptance by
the Board, the Developer's responsibility tor maintenance of the
required improvements shall terminate and the Board shall release
the lot Letter of Credit, otherwise the Developer's
responsibility tor maintenance shall continue until tinal
acceptance by the Board,
In the event the Oeveloper shall tailor neglect to tultill its
obligations under this Agreement, upon certitication ot such
failure by the Development Services Director and upon notice as
provided by the Land Development Code, the Board shall have the
right to construct and naintain, or cause to be constructed and
maintained, pursuant to public advertisement and receipt of
acceptance ot bids, the improvements required herein. The
Developer, as principal under tho Lotter ot Credit shall be
liable to pay and to indemnify the Board, upon completion of such
construction, the tinal total cost to the Board theroof,
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 ot the tailure ot the
Developer to carry out allot the provisions ot this Agreement.
7.
All of the terms, covenants and conditions herein contained are
and shall be binding upon the respective successors and assigns
of the Developer.
aooc 000 "'" 108
2 of 3
KARCH 15, 1994
IN WITXESS WHEREOF, the Board and the Developer have caus.d this
Aqr....nt to be .xecuted by their duly authorized representatives this
/.S"H.- day of ~ a.' ..../ ,1991.
Witness to: John H. Bruqg.r
~ -'''',
By'
Joh N. rug r, Truste.
..,.,~I.J.;
. . ,'/
..... ... ',:":;.... r_
Aj.9.lgTs ....... '" '. '''..
DV1CJn' E. BiWcic>CLERJC
.t5it~ ~;~~~;~:~.11, ( . ~,& to By'
~" ,~
-.... ~ . . .
'1 I... .. ,
, .. .,
, ;'11)""
Approved as to fora and
. legal SUfficiency:
~~ ' L:..'i'a.4k
!)W- Collier County Attorn.y
,''''.
"
3 of 3
_lIT ,AQ1 ClO/9l1
tOOlt 000 rl';.l09