Resolution 1996-454
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RESOLUTION NO. 96-454
OCT - 8 1996
RESOLUTION AUTHORIZING THE ACCEPTANCE OF PELICAN MARSH UNIT
EIGHT REPLAT A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT
KNOWN AS PELICAN MARSH UNIT EIGHT, AND AUTHORIZING THE VACATION
OF A PORTION OF THOSE PLATTED LANDS UNDERLYING THIS REPLAT
WHEREAS, the Board of County Commissioners
County, Florida, on June 6, 1995 approved the plat
Marsh Unit Eight for recording; and
of Collier
of Pelican
WHEREAS, weI Communities Limited Partnership is replatting
Pelican Marsh Unit Eight and has filp-d 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, WC! Communities Limited Partnership desires to
vacate the entirety of the Pelican Marsh Unit Eight plat,
including all easements, lots, and rights-ai-way as depicted on
the approved plat of Pelican Marsh unit Eight, and as described
in Exhibit "A'I; and
WHEREAS, as required by section 177.101, Florida
statutes, notice of the proposed vacation was published in a
local newspaper of general circulation in not less than two
weekly issues, and all of the other requirements set forth in
Section 177.101 Florida Statutes, have been met; and
WHEREAS, this parcel, the approved plat of Pelican Marsh
unit Eight Replat, is a part of a previously approved and
recorded plat, Pelican Marsh Unit Eight, and the filing and
recording of this approved plat shall not affect access to lots
previously conveyed under the Pelican Marsh unit Eight plat, as
no lots were sold.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the plat
of Pelican Marsh Unit Eight Replat, a part of a previously
approved and recorded plat, Pelican Marsh Unit Eight, is hereby
approved for recording and the dedications contained on the plat
of Pelican Marsh Unit Eight Replat are hereby accepted, and
those lands described in Exhibi't "A" are hereby vacated. Said
vacation shall become valid and effective upon recordation of
the subject replat.
BE IT FUR'llHER' 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
vacation resolution in the Public Records of Collier County.
This Resolution adopted after motion, second and majority
vote favorl.~~~same.
DATED: j~/
ATTEST: .
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nW!GHT E. BROCK~"Clerk
,(,
.Appr ved as",tO' form and legal
suf 1.ciency: ,
LI.A(Ci A~
Hiriil F. A~hton
Assistant Collier County Attorney
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"*** OR: 2238 PG: 0574 ***
OCT - 8 1996
EXHIBIT "A"
All of Sites ] through 57, Tract L8A and Tract R; all as shown on the plat of Pelican Marsh Unit
Eight as recorded in Plat Book 25, Pages 30 through 34
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OCT - 8 199fJ
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COLLIER COUNlY LAND DEVELOPMENT CODE
CONSTRUcnON AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
TIllS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this -Lday ofM. 1996, between WCI COMMUNITIES
LIMITED P ARTh"ERSIDP 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, simullaneously with the delivery of this Agreement, applied for the approval
by the Board of a certain plat of a subdivision to be known as: PELICAN MARSH UNIT 8 - REPLA T
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:
1. Developer will cause to be constructed: The paving, drainage, potable
water, irrigation water, sanitary sewer, and street lighting
improvements for Pelican Marsh Unit 8-Replat ",ithin twenty-four
(24) 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 perfonnance security (attached
hereto as Exhibit" A "and by reference made a part hereof) in the amount of
$830,313.72 which amount represents 10% of the total contract cost to
complete construction plus 100% of the estimate cost to complete the
required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer 10
complete such improvements within the time required by the Land
Development Code, Collier County, may call upon the subdivision
perfonnance security to insure satisfactory completion of the required
improyements.
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.
.~
o C T- R 199R
5. The Development Services Director shall, wilhin sixty (60) days of receipt
of the statement of substantial complelion, 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 condilions which the Developer must fulfill in order to
oblain 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.
6. The Developer shall maintain all required improvements for a minimum
period of one year after preliminary approval by the Development
Services Director. After the one year maintenance period by the Developer
has terminated. the Developer shall petilion 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
reflecled by final approval by the Board, lhe 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 (he
County.
7. Six (6) months after the execution of this Agreement and once within every
six (6) months thereafter the Developer may requesl Ihe 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
Developers engineer logelher with the project records necessary for review
by the Development Services Director. The Development Services
Direclor may grant the request for a reduction in the amount of the
subdivision performance security for the improvements completed as of Ihe
date of Ihe 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
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 ~cceptance 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
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OCT - 8 1996 r
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.
Owner & Applicant
WCI Communities Limited Partnership,
a Delaware Limited Partnership
9. 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.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly aulhorized representative this 1 day of ~ . 1996.
COLLIER COUNTY LAND DEVELOPMENT CODE
SIGNED, SEALED AND DELIVERED IN
THE PRESENCE OF:
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Printed or TY~f
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It..n /Ol{ l 6eNfJ(
Printed or Typed Name
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L ~DWIG~HT E. Bj~K'~~~ERK /f}/J
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Approv~~ as.t6'ronn and legal sufficiency:
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6o(L-County Attorney
By:
Susan Hebel Watts
Printed or Typed Name
Vice President
Title
BOARD OF COUNTY
COMMlSSIONERS OF
C LIE . FLORIDA
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