Resolution 1997-46416A 2
RESOLUTION NO. 97_~
RESOLUTION AUTHORIZING THE ACCEPTANCE OF AUTUMN WOODS UNIT
TWO A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT
KNOWN AS AUTUMN WOODS UNIT ONE, AND AUTHORIZING THE
VACATION OF A PORTION OF A PREVIOUSLY RECORDED PLAT OF
AUTUMN WOODS UNIT ONE ACCORDING TO THE ATTACHED LEGAL
DESCRIPTION, PETITION AV- 97-022
WHEREAS, the Board of County Commissioners of Collier County,
Florida, on April 22, 1997, approved the plat of Autumn Woods Unit One
for recording; and
WHEREAS, Centex Homes is replatting a portion of Tract L3
(drainage easement) 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, Centex Homes desires to vacate a portion of the
previously recorded plat as described in Exhibit A; and
WHEREAS, this parcel, the approved plat of Autumn Woods Unit
Two, is a part of a previously approved and recorded plat, Autumn
Woods Unit One, and the filing and recording of this approved plat
shall not affect access to lots previously conveyed under the Autumn
Woods Unit One plat.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNT%f, FLORIDA, that the plat of
Autumn Woods Unit Two, a part of a previously approved and recorded
plat, Autumn Woods Unit One, is hereby approved for recording and the
dedications contained on the plat of Autumn Woods Unit Two 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: ~/~/ tf~
ATTEST :..~ ~ ~/ij -.
~:,.' ,,'.',--,.:'... U/
DWIOHT ~. BROOK. 'CLERK
Approved as to form and legal
sufficiency:
Heidf--F. ~shtdn
Assistant Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
TIMOTHY L. HANCOCK
CHAIRMAN
2259844 OR: 2372 PG: 2339
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PERFORMANCE BOND 2
1..6A
BOND NO: 5921790
KNOW ALL PERSOI~IS BY THESE PRESENTS: That
CENTEX HOMES, a Nevada General Partnership, 6702 Lone Oak Boulevard, Naples, FL 34109,
(hereinafter referred to as "Owner") and SAFECO INSURANCE COMPANY OF AMERICA. 2200
Ross Avenue. Suite 3300. Dallas, TX 75201 (hereinafter referred to as "Surety") ara held and firmly
bound unto Collier County, Florida (hereinafter referred to as "County"}, in the total aggregate sum
of Five hundred three thousand, nine hundred eh3htv-four dollars and NineS-one Cenv
{~503.984.~11) of which in the lawful money of the United States, for the payment of which sum
well and truly to be paid, wa 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 Autumn Woods, Unit 2jmd that certain
subdivision shall include specific Improvements which are required by Collier County Ordin~-~,as
and Resolutions (hereinafter 'Land Development Regulations'). Th~ obliga6on of the Surety shall
commence on the date th~s Bond ~ executed and shall continue until the date of final acceptance
by the Board of County Comm[ssloners of the specific improvements d~sc~ibed ~n the Land
Development Regulations (hereinafter the 'Guaranty Period').
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform Its obligatlon~ and duties
in accordance with the Land Development Regulations during the guaranty pe¢iod e~tablished by
the County, end the Owner shall satisfy NI claims an<l demands incurred and shall fully i~demnffy
and save harmlese the County from and against all costs and damages which it may suffer by
reason of Owner's failure to do eo, end shall reimburse and repay the County ali outlay and
expense which the County may incur in making good erly default, then this obligation sha~l be voE:l,
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, add,on or deletion to the proposed
improvements shall in any way affect its obligation on this Bond, and it does hereby wa'rye notice
of any such change, extension of time, etteration, addition or deletion to the proposed specific
improvements.
Performance Bond
Page 2.
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
CENTEX HOMES, a Nevada General Partnership
referring to this Bond, or other documents shall include any alteration, addition or modification of
any character whatsoever.
SiG'YED, SEA,ED AND DE
THE PRESENCE OF:
By: Centex Real Eatate Corporation, a Nevada
ts;anaging General Partner
By: !44/1, .[/I,~ k
TIMOTHY J. RUI=MLER
Division President
SIGNED, SEALED AND DELIVERED IN
(Print Name)
(Print Name)
State of Florida
Collier, SS
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgrner~,
personally appeared, Timothy J. Ruemler, Division Preaident of Centex Real Estate Corporation, Managing
General Partner of Centex Homes, a Nevada General Partnership, on behalf of the Partnemhip. He il personally
known to me and did not take an oath.
SIGNED, SEALED AND DEMVERED IN
THE PRESENCE OF:
ISlgnature)
(Pfi.'nt Name)
(Signature)
~ Name)
(Print Name)
Attorney-tn-fact
~r]'tle)
State of Texas
County of Dallas
On this 24th
day of
A11,yson Dean
November
of SAFECO INSURANCE COMPANY OF /LqERICA
,19 97 - before me personally appeared
, known to ma to be the Attorney-in-Fact
, the.c°rporadon tha~ executed the within
instrumem, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, et my off~e in the
aforesaid county, the day and year in this certificate first wrkten ~x3v(t.
~ Comnliss~on Explrss: I0-g-98
~RSIGilED BY:
LZ-CEN~£1)'R~'S~D£NT kG~NT "-~
KNOw AiL BY THESE PRESENTS:
~ SAFECO INSURANCE COMPANY
· ~'ocx'attoc~. doer each hereby
POWER
04: ATTORI~'Y
6065
OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, eech· W~d~ington
EDDIE MONTEITH; ALLYSON DEAN; SUZANNE HESS; Del les, Texas""""""'"""
Attorrmy are Itiii In full force and effect.
~'~_;:IN WIll, SS WHEREOF, I have hereunto set my hind and ·ffixed the facsimile seal of said corporation
,~' R. A. Plerlon. Storltary of SAFECO II~ANCE COMPANY OF AMERICA md of OEI~ INSUK/LNCE COMPAI~ OF ~
:::~.~do~"*" hereby oertify that tho forngoing extracta of the By-Laws and of · Resolution of the Board of Directors of these c~~ mdnd
'~ibf · Powm' of Attorney issued pur~t thor·to, are true md correct, md that both the By-Laws. the Risolution md the Power of
a~l and lawful attomey<s)-in-fact, with full ~uth~i~ to extoute on it~ behalf fidelity md ~urety I~ or ~z.~le~-taklng~ md ~
:?~10~ of · similar character issued in the oourse of ItS business, md to bJncl the rls~ cofl'Gl~ thereby.
:~.!~, ~ md ~ these Ix'esents
CEFrTIFlCATE
Extract from the By-Lswl of SAFECO INSURANCE COMPANY OF AMERICA
md of GENERAL INSURANCE COMPANY OF AMERICA:
~,%~Arfl~lt V. Section 13. - FIDELITY ANO SURETY BONDS . . . the President. any Viol Prelident. the Sloretary. md ~ Assistant ~
~*~.Prllident appointed for that purpose by the offi0ar in charge of surety operations. Ihall each have authority to appoint imJtvtcludl Il
I:ittomlyl-in-fact or under other appropriate titles with ~Jthortty to ·xeoutl on behalf of the complly fidelity md lUl'~ty borlds md
'?::Other documents of similar character issued by the company in the course of its business ... On any instrument rnakif~g or Mdltolng
~.:lt~.h appointment, the llgnatures mW be affixed by facsimile, On m'ry in~rurnent conferring such ~uthority or off any bored or urtdlrtlklng
the company, the leal. or · facsimile thereof, may bt impresled or ·ffixed or in any other manner reproduced; p~ovtded, however,
i~:~t~lt the seal ihall not be necessary to the validity of any luoh inslzument or undertakir~'
Extract from · Resolution of the Board of DIreotom of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA ~:lopted July 28. 1970.
any certificate exlcuted by the Secretary or an a~·i/tant ·eorltary of the Company letting out.
(i) The provlsione of Article V. Section 13 of the By-Laws. md
(ii) A copy of the power-of-attorney appointment, txeouted purluant thereto, and
(iii) Certifying that ~ald power-of-attorney appointment ti Iff full forcl and effect. ·
Itgn/turl of the certifying officer may be by facsimile, end the leal of ~e Company may be · fa~llmill thereof.
COLLIER COUNTY LAND DEVELOPMENT CODE
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRHCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this /~..~(. day of ~ , 19Z~ between CENTEX HOMES, a Nevada
General Partnership authorized to transact business in the State of Florida, hereinafter referred to as
"Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as
the "Board".
RECITALS:
A. 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: AUTUMN WOODS UNIT 2,
B. Division 3.2 of the Collier County 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:
Developer will cause to be constructed: A certain plat of a subdivision to be
known as "Autumn Woods Unit 2', with all infrastructure improvements,
including potable water system, sanitary sewer system, storm drainage system,
roadway system and landscaping consistent with VVMBP Projec -~, Sheets
I through 14. The required improvements will be constructed within eighteen
(18) months from the date of approval of said subdivision plat, said improvements
hereinafter referred to as the required improvements.
Developer herewith tenders its subdivision performance security
(attached hereto as Exhibit "A" and by reference made a part hereof} in the
amount of $503.984,91 which amount represents 110% of the estimated cost
to complete the required improvements at the date of this Agreement.
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.
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.
c:~...~a~woodmVmndev2.cod
~ollier' ~:ounty Land Development Code
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.
The Developer shall maintain all required improvements for a minimum period of
one (1) 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 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 responsibility for and by
the County.
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 complete. Each request for a reduction in the dollar amount of
the subdivision performance 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 a reduction in the
amount of the subdivision performance security for the improvements completed
as of the date of the request.
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
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.
All of the terms, covenants and conditions herein contained are and shall be
binding upon the Developer and the respective successors and assigns of the
Developer.
Page 2.
~:ollier'(~ounty Land Development Code
Page 3.
IN WITNESS WHEREOF, the Board and the Developer have caused t~S Agree. m.en.t to.be executed by
their duly authorized representatives this /~3C, day of ~ ,
SIGNED, SEALED AND DELIVERED IN
THE PRESENCE OF:
Printed or Typed Name
STATE OF FLORIDA
COUNTY OF COLLIER
CENTEX HOMES, a Nevada General Partnership
By: Centex Real Estate Corporation, a Nevada
~~ng General Partner
By:
TlUb'~H~ J. RUEMLER
Division President
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments,
personally appeared, Timothy J, Ruemler, Division President of Centex Real Estate Corporation, Managing
General Partner of Centex Homes, a Nevada General Partnership, on behalf of the Partnership. He is
personally known to me and did not take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this [2th
day of
c:~...~a~ woOds~landev 2.cod
(~ollier't'and Development Code
WITNESS:
Signature~X~ J
Approved as to form and legal sufficiency:
ounty Attorney
]6A2
Page 4,
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
'I:IMOTHY~. HAN(~C)-C'K. Cl~airman /,,,9./,,,/~/~
ATTACHHENT D
PETITION TO VACATE. AVANDON. DISCONTINUE. OR CLOS~.~
o
16A2-.
Date Received:
Petition NO:
Address: Telephone:
City/State: N~P~6%! /~L, , Zip Code:
Agent: ~'~0~, ~a6~/,~.~m~r~A/ ~ ~~ /~.
Address: ~~lLg~ &m. ~Uz~ ~ Telephone:
Location: Section /Ig::~ Township 4'~ Range ~:-~'
Subdivision: ~x~UT'~/V' ~Z~.~ (./A~xx.7'z~/~z(?
PlaC Book 2~ Pase(s) ZT- ~
Reason for Request:
Cdrr~nt Zoning: _ ~U,~ Does ~hi~affec~ density?
I Hereby ARthorize Agent Above to Represent for this Petition:
/~. -lYes ~ No He
S~a~ure Da~e
Printed Ti=lc
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:
Transportation Services Division
Collier County Government Complex
Naples, Fla. 33962
Telephone: (9~1)
*(1) If applicant is a land trust, so indicate and name beneficiaries.
(2) If applicant is corporation other than a public corporation, so indicate
and name officers and major stockholders.
(3) If applicant is a partnership, limited partnership or other business
entity, so indicate and name proincipals.
(~) If applicant is an o~-ner, indicate exactly as recorded, and list all other
.... o~mers, if any. I
J":~. (5) If applicant is a lessee, attach a copy of lease, and indicate actual