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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 IICO~DID ID O[[IClIL IlCOID$ o! CO~&lll C01DII~, 12/18/~7 at 11:~3~ D~IGII~ I. HOCl, CLllI CO, IlS letn: C~lil TO TBI ~OARD IrfllOr~ICl 4TH Il! 7210 -- / 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