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Resolution 1997-306RESOLUTION AU/7{ORIZING THE ACCEPTANCE OF QUAIL WEST UNIT ONE REPLAT BLOCK B, A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS QUAIL WEST UNIT ONE REPLAT, AND AUTHORIZING THE VACATION OF A PORTION OF A PREVIOUSLY RECORDED PLAT OF QUAIL WEST UNIT ONE REPLAT ACCORDING TO THE ATTACHED LEGAL DESCRIPTION, PETITION AV-97-010 WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 23, 1993 approved the plat of Quail West Unit One Replat for recording; and WHEREAS, Quail West Limited is replatting Tract F-5 of Quail West Unit One Replat 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, Quail West Limited desires to vacate a portion of the previously recorded plat as described in Exhibit A; and WHEREAS, this parcel, the approved plat of Quail West Unit One, Replat Block B, is a part of a previously approved and recorded plat, Quail West Unit One Replat, and the filing and recording of this approved plat shall not affect access to lots previously conveyed under the Quail West Unit One Replat plat. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOA_RD OF COUNTY COMMISSIONERS OF COLLIER COUNI'Y, FLORIDA, that the plat of Quail West Unit One, Replat Block B, a part of a previously approved and recorded plat, Quail West Unit One Replat, is hereby approved for recording and the dedications contained on the plat of Quail West Unit One, Replat Block B 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: ¢4?///'/ ATTEST: DWIGHT E. BROCK,".Clerk BOARD OF COU1TTY COMMISSIONERS COLLIER COUNt, FLORIDA T fMOTHY/L .-- HANCO'C K Cha i rmah Approved as to form and legal suffi, ciency:_ Hef~i ~. Ashton Assistant Collier County Attorney 2212747 OR: 2336 PG: 2266 I1¢011)10 t1~ O~lq¢I.U, II¢OES o! COI. M]! COI~, 1% COMIS l.OO tern: $4.50 OR: 2336 PG: 02266A 4 9 ~ I C$ $4,50 OR: 2336 PG: 02266B HOLE, MONTES & ASSOCIATES, INC. EN(*tINE E RS PLANNERS SURVE YO~I$ DESCRIPTION OF VAC 1 A PARCEL OF L~ND LOCATED IN TRACT F-5 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH I0~ OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHERLY CORNER OF TRACT F-5 OF QUAIL WEST UNIT ONE, REPLAT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT ROOK 21 AT PAGES 84 THROUGH 106 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S. 55'01'10' E. ALONG THE NORTHEASTERLY LINE OF SAID TRACT F-5 FOR A DISTANCE OF 40.99 FEET TO THE ~JJ3~[_~_.~J~ OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 55'01'11' E. FOR A DISTANCE OF 203.g6 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 45'34~3', SUBTENDED BY A CHORD OF 38.73 FEET AT A BEARING OF N. 77'48~2' W., FOR A DISTANCE OF 39.77 FEET TO THE END OF SAID CURVE; THENCE RUN N. 55'01'11' W. FOR A DISTANCE OF 140.86 FEET TO A POINT ON A CIRCULA~ CURVE CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS S. 43'48'26' E. A DISTANCE OF 180.00 FEET THEREFROM; THENCE RUN SOUTHVVESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 180.00 FEET, THROUGH A CENTRAL ANGLE OF 85'23'20", SUBTENDED BY A CHORD OF 244.11 FEET AT A BEARING OF S. 03'29'54' W., FOR A DISTANCE OF 268.26 FEET TO THE END OF SAID CURVE; THENCE RUN N. 65'41'14" E. FOR A DISTANCE OF 154.92 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N. 01'55'49' W. A DISTANCE OF 50.00 FEET THEREFROM; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 10'28'24', SUBTENDED BY A CHORD OF 9.13 FEET AT A BF_A~ING OF N. 82'4g'59" E., FOR A DISTANCE OF 9.14 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A P~,DIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 49'00'21', SUBTENDED BY A CHORD OF 20.74 FEET AT A BEARING OF S. 77'54'03' E., FOR A DISTANCE OF 21.38 FEET TO A POINT OF COMPOUND CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1975.00 FEET, THROUGH A CENTRAL ANGLE OF 00'29'48', SUBTENDED BY A CHORD OF 17.12 FEET AT A BEARING OF S. 53'08'58' E., FOR A DISTANCE OF 17.12 FEET TO THE END OF SAID CURVE; THENCE RUN S. 65'41'14' W. FOR A DISTANCE OF 177.69 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N. 40'37'49' E. A DISTANCE OF 180.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 180.0(; FEET, THROUGH A CENTRAL ANGLE OF 34'52'15', SUBTENDED BY A CHORD OF 107.87 FEET AT A BEARING OF S. 66'48'19' E., FOR A DISTANCE OF 109.55 FEET TO A POINT ON A CIRCULAR CURVE[ CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 37'4F37" W. A DISTANCE OF 1845.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1845.00 FEET, THROUGH A CENTRAL ANGLE OF 02'40'14', SUBTENDED BY A CHORD OF 85.98 FEET AT A BEARING OF S. 50'57'16' E., FOR A DISTANCE OF 85.99 FEET TO THE END OF SAID CURVE; THENCE RUN N. 57'08'22' E. FOR A DISTANCE OF 135.36 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 41 '30'47' W. A DISTANCE OF 1975.00 FEET THEREFROM; THENCE RUN $4,50 OR: 2336 PG: 2266 C HMA PROJECT # 8724W REF. DWG. B-2056 MAY 8, 1997 SHEET 2 OF 2 SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1975.00 FEET, THROUGH A CENTRAL ANGLE OF 00'54'06', SUBTENDED BY A CHORD OF 31.08 FEET AT A BEARING OF S. 48'02'09' E., FOR A DISTANCE OF 31.08 FEET TO THE END OF SAID CURVE; THENCE RUN S. 57'08'22' W. FORA DISTANCE OF 134.74 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 41°21'04- W. A DISTANCE OF lS45.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1845.00 FEET, THROUGH A CENTRAL ANGLE OF 05'19'41 'o SUBTENDED BY A CHORD OF 171.51 FEET AT A BEARING OF S. 45'59'05' E., FOR A DISTANCE OF 171.57 FEET TO THE END OF SAID CURVE; THENCE RUN S. 53'15'21' W. FOR A DISTANCE OF 31.77 FEET; THENCE RUN S. 65'3~'41' W. FOR A DISTANCE OF 25.84 FEET; THENCE RUN N. 86'53'46' W. FOR A DISTANCE OF 20.61 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY. WHOSE RADIUS POINT BEARS S. 45'48'32' W. A DISTANCE OF 1775.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1775.00 FEET, THROUGH A CENTRAL ANGLE OF 00'13'57', SUBTENDED BY A CHORD OF 720 FEET AT A BEARING OF N. 44'18'26' W., FOR A DISTANCE OF 7.20 FEET TO THE END OF SAID CURVE; THENCE RUN S. 76'14'47' E. FOR A DISTANCE OF 22.75 FEET; THENCE RUN N. 53'15'21' E. FOR A DISTANCE OF 28.11 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 46'18'19' W. A DISTANCE OF 1815.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1815.00 FEET, THROUGH A CENTRAL ANGLE OF 11'23'35', SUBTENDED BY A CHORD OF 360.31 FEET AT A BEARING OF N. 49'23'28' W., FOR A DISTANCE OF 360.91 FEET TO THE END OF SAID CURVE; THENCE RUN N. 75'27'01' W. FOR A DISTANCE OF 53.00 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS N. 49'16'07" E. A DISTANCE OF 210.00 FEET THERE.FROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 210.00 FEET, THROUGH A CENTRAL ANGLE OF 89'29'09', SUBTENDED BY A CHORD OF 295.65 FEET AT A BEARING OF N. 04'00'42' E., FOR A DISTANCE OF 327.98 FEET TO THE END OF SAID CURVE AND THE ~. CONTAINING 0.7199 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY LINE OF LOT 24 OF QUAIL WEST UNIT ONE, REPLAT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING N. 62'06'36' W. HOLE, MO,HTES .% ASSOCIATES, INC. CERTiFiCATE OF AUTHORIZATION LB #1772 BY ~ P.L.S.# 4175 STATE OF FLORIDA : '. $4.50 OR: 2336 PG: 02266D HOLE, MONTES & A~SOCIATE$, INC. ENGW£ERS PLANNERS SURVEYO~ DESCRIPTION OF VAC 2 HMA PROJECT # 87.24W REF. DWG. B-2056 MAY 8, 1997 SHEET 1 OF 2 A PARCEL OF LAND LOCATED IN TRACT F-5 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 108 OF THE PUBLJC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DE,SCRIB~ AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF LOT 24 OF QUAIL WEST UNIT ONE, REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES ~4 THROUGH I0~ OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S. 62'08'3~' E. ALONG THE NORTHERLY LINE OF SAID LOT 24 FOR A DISTANCE OF 41.23 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED AND A POINT ON A CIRCULAR CURVE CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S. 4~'40'46' E. A DISTANCE OF 1005.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1005.00 FEET, THROUGH A CENTRAL ANGLE OF 01 '23~3', SUBTENDED BY A CHORD OF 24,37 FEET AT A BEARING OF N. 44'00'55' E., FOR A DISTANCE OF 24.3§ FEET TO THE END OF SAID CURVE; THENCE RUN N. 11 '28'52' E. FOR A DISTANCE OF 33.46 FEET; THENCE RUN N. 00'18'10' E. FOR A DISTANCE OF 11.75 FEET; THENCE RUN N. e~'18~9' W. FOR A DISTANCE OF g.87 FEET; THENCE RUN N. 88'51'10' W. FOR A DISTANCE OF 26.11 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 54'59'13' W, A DISTANCE OF 1815.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1815,00 FEET, THROUGH A CENTRAL ANGLE OF 07'41'16', SUBTENDED BY A CHORD OF 243.35 FEET AT A BEARING OF N, 38'51~5' W., FOR A DISTANCE OF 243.53 FEET TO THE END OF SAID CURVE; THENCE RUN S. 54'1 l~OO' W. FOR A DISTANCE OF 40.30 FEET; THENCE RUN N. 42'56'31' W. FOR A DISTANCE OF 7.34 FEET; THENCE RUN N. 53'15~1' E. FOR A DISTANCE OF 70.42 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S. 47'08'53' W. A DISTANCE OF 1845.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLy, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1845.00 FEET, THROUGH A CENTRAL ANGLE OF 05'09'1g', SUBTENDED BY A CHORD OF 1§5.g5 FEET AT A BEARING OF S. 40'16~8" E., FOR A DISTANCE OF 166.01 FEET TO THE END OF SAID CURVE; THENCE RUN N. 56'08~J~' E. FOR A DISTANCE OF 130.27 FEET; THENCE RUN S, 37'00'28' E. FOR A DISTANCE OF 30.05 FEET; THENCE RUN S. 56'08'36' W. FOR A DISTANCE OF 130.16 FEET; THENCE RUN S. 35'02'49' E. FOR A DISTANCE OF 110.53 FEET; THENCE RUN S. 15'34'59' W. FOR A DISTANCE OF 32.64 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S. 44'59'22' E. A DISTANCE OF 985.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 965.00 FEET, THROUGH A CENTRAL ANGLE OF 01'22'08', SUBTENDED BYA CHORD OF 23.53 FEET AT A BEARING OF S. 44'19'34' W., FOR A DISTANCE OF 23.53 FEET TO THE END OF SAID CURVE; THENCE RUN N. 62'06'35' W. FOR A DISTANCE O~= 20.76 FEET TO THE POINT OF BEGINNING. CONTAINING 0.3077 ACRES, MORE OH LESS. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. $~.50 OR: 2336 PG: 02266E HMA PROJECT # 1~7.2.4W REF. DWG. B-2056 MAY 8, 1997 SHEET 2 OF 2 BEARINGS REFER TO TH~ NORTHERLY lINE OF LOT 24 OF QUAIL WEST UNIT ONE, REPLAT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGES 84 THROUGH 106 OF THE PUBlIC RECORDS OF COUJER COUN'PF, FLORIDA, AS BEING N. 62'06'38" W. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 P.LS.# 4175 STATE OF FLORIDA 11:31 '[~1 941 262 3074 ROLE ~0NTES ~002 07/11/97 CONSTRUCTION AND MA/NTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMLrNTS enter~ into this L:z~' day of ~ 19~ between Quail West, Limited, hereinaf~ r~ferred to as '~Developer", and.~tt~e Board of County Commissionera of Collier County, Florida, herdnafler referred to as the '~Board". RECITALS A. Developer ha.s, simultaneously with the delivery of this Agreement, applied for the approval by thc Board ora certain plat ora subdivision to be known as: Quail We~t, Unit One, Re'plat Block B B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guzran~..e~ for the construction of the improw'ments required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the r~qui~ improvements. NOW, 'II-[ER.EFORE, 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 site improvements including roadways, drainage facilities, water and sewer facilifi~, street lighting and signage within 36 months fi'om thc date of approval 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 $18,427.67 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. W:\1957~7024~,~70707.do~ 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. 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 fulfil', 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 Agreem. mt. 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 b7 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. W:\ 1987x~7024\WTC'~ma~i70707.doc 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, thc County Administrator may call upon thc subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. Thc Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to p,:blic advertisement and receipt and acceptance of bids, thc improvements required herein. The Developer, as principal under lhe subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to thc 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. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representative this day day of 1997. W:\ 1987~87024\ WTCk:masi70707.doc 16A 1 SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Witnesses to: Quail West Limited, a Florida Limited Partnership ~of RSH OF NAPLES, INC., a Fl~frida Corporation, as authorized agent of QUAIL WEST, LTD., a Florida limited partnership. ~ ATTEST: '" ,' DwIGH'i' E. BROCK, CLERK ; .. '..~pproved as io. form and legal sufficiency: County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~mothy ~/~an-cock, Chairman W:\1987~87024\WTC'~crr~i70707.doc PERFORMANCE BOND KNOW ALL PERSON BY THESE PRESENTS: that Quail West, Ltd. 6289 Burnham Road Naples, Florida 34119 (hereinafter referred to as "Owner'`) and The Travelers Indemnity Company The Aetna Casualty & Surety Company P.O. Box 31967 Tampa, Florida 33631 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida (hereinafter referred to as "County'~ in the total aggregate sum of ..~_ighteen Thousand Four Hundred and Twenty-Seven and .67 Dollars ~7) 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 THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat nameo ~ Phase I Unit One Block B and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations'~. This obligation of the Surety_ shall commence on the date this Bond is executed and shall continue until the date of final acce~ the Board of County Commissioners of the specific improvements described in the Land Development Re--hereinafter the "Guaran~ NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the Guaranty Period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. 16A 1 Page 2 of 3 PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. 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 '~hall 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 ~ day of ~[~,~L._~, 1997. Print Name LTD. Print Name STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Sandra Hesse as Vice President of RSH of Na les Inc. Authorized A e.g~ ~, to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed same. Page 3 of 3 WITNESS my hand and official seal in the County and State last aforesaid this _~ day of ~, 1997. My Commission Expires: Personally Known ._~ Produced Identification ~ Type of Identification Produced WITNESS Print Name SURETY Brad A. I :avemeier, as Attorney in Fact, of The Aetna Casualty and Surety Company STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared _B_.rad Havemeier as attorn in fa of The Aetna Casualty. and Suret~ Corn ap_AD..y_ (Surety), to me known to be the person described in and who executed the foregoing instrument and he/she acknowledged before me that he/she executed same. ioWITNESS my hand and official seal in the County and State last aforesaid this m A Personally Known -/' ~ Produced Identification ~ Print or Type Commissioned Name Type of Identification Produced