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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~ 2242135 OR: 2359 PG: 0615 I~ICOI~Dll) in 07~ICI~%, HCO~$ of CO~I!! CO~, IO/]O/~T at 12:52~N DIIG~T 1. HOCl, CLIH CO,IlS ~.00 Rets: OR: 2359 PG: 0616 o 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