Resolution 1995-160
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RESOLUTION NO. 95-160
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RESOLUTION AUTHORIZING THE ACCEPTANCE OF STOllEBRIDGE
UNIT TWO A REPLAT OF A PORTION OF A PREVIOUSLY RECORDED
PLAT KNOWN AS SOUTH~.MPTON UNIT ONE
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, Inc.
portion of Tract ItHIl of Southampton Un! t One and
replat of said lands; and
is replatting a
has filed for a
WHEREAS, this replat does not extinguiSh or in anyway affect
the dedications contained in the previous plat of these lands unless
said dedications are formally vacatec simultaneously with the
acceptance of this replat; and
WNEREAS, this parcel, the approvE,d plat of Stonebridge Unit
Two, 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 prf:!viously conveyed under the
Southampton Unit One plat.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the plat of
stonebridge Unit Two, 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 Two are hereby
accepted.
BE IT FURTHER RESOLVED AND ORDEHED that the Clerk of the
Circuit Court shall make proper notation of this action upon the
previous plat and record this replat I~esolution in the Official
Records of Collier County.
This Resolution adopted after motion, second and majority
vote favoring same.
DATED: ..J,A-~~-
ATTEST:
DWIGHT E.BROCK, Clerk
BOARD OF COlmTY ~9rONERS
COLLIER CO TY'~
MATTHEWS
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Approved as to form and legal
SUfficienJ:
~~ ASh~l1/L---
Assistant Collier County Attorney
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CONSTRUCfION AND MAINTENANCE AGREEMENT
OF SUBDMSION IMPROVEMENTS
THIS AGREEMENT entered into this ;7 -r'" day <)f /'~ _ -'" 1_ ' 1995, by and
between TAYLOR WOODROW COMMUNITIES, hereinafter referred to as "Developer", and
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
hereinafter referred to as "The Board".
RECITALS
I. 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 Stonebridge Country
Club, Unit 2, being a replat of part of Tract H, of Southarnpton Unit I.
2. Division 3.2 of the Collier County Unified 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 incoTjl<Jrated in a bonded agreement for the
construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenanf5
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
I. Developer will cause to be constructed:
Infrastructure including drainage, water, saLitary, 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 perfonnance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount ofJ! 3$ '1. tz..4 .4 7 Dollars
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which amount represents 10% of the total contract cost to complete construction plus 100% of
the estimated cost to complete the requircd improvemcnts at thC datc of this Agrccmcnt.
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 eall upon the subdivision perfonnance security to insurc satisfactory completion of the
required improvements.
4. The required improvements shall not be considered complete until a statcment 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 its preliminary
approval of the improvements; or (b) notify the Developer in writing of its refusal to approve
improvements, therewith specifying those conditions which the Developer must fulfill in order
to obtain the Director's approval of the improvemcnts. However, in no event shall the
Development Services Director refuse preliminary approval of the improvcmcnts 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 minimwn period of
one (I) year after preliminary approval by the Development Services Direct,'r. After the one
(1) year maintenance period by the Developer has tenninated, the Development Services Director
shall inspect the improvements and, if found to be still in compliance with CoiIier County Land
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Development Code as reflected by final acceptance by the Board, the Developer's responsibility
for maintenance of the required improvements shall terminate and the Board shall release the
remaining 10% of the subdivision performance security. The Developer's responsibility for
maintenance shall continue until the Board accepts main tenance responsibility for and by the
County.
7. 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 011 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 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 lor a reduction in the amount of the
subdivision performance security f()r the improvements completed as of the date of the request.
8. In the event the Developer shall fail or negkct 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 campletion, repair and maintenance of
the required improvements. The Board shall have the right to constmct 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 thl:reof, including, but not limited to,
engineering, legal and contingent costs, together with any damages, either direct or
consequential, which the
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Board may sustain on account of the failure of the Developer to carry out all of the provisions
of this Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be
binding upon 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 representatives this _7:r<day of 7J1~ . 1995.
Signed, sealed and delivered
in the presence of:
TAYLOR WOODROW COMMUNITIES, a
Florida General Partnership
By: Taylor Woodrow Homes Florida, Inc., a
Florida Corporation,
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Printed Name of Witness
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Si e of WItness
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Printed Name of Witness
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R. P,~shkin
President
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Signa of Witness
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Printed Name of Witness
By: Monarch Homes of Florida, Inc., a Florida
COrpQration, a General Partner
B~~
OM R. Peshkin
President
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Signau.re of Witness
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Printed Name of witness
ATI'EST: .
DwrOJiT E. BROCK, CLERK
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enneth B. Cuyler
. Collier County Attorney
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BOARD OF COUNTY COMMIS
OF COLLIER UNT I
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