Resolution 1993-098
MARCH 16, 1993
RESOLUTION NO. 93-98
RESOLUTION AUTHORIZING THE ACCEPTANCE OF SILVER OAKS
A PORTION OF A PREVIOUSLY RECORDED PLAT KNOWN AS THE
VINEYARDS, TRACT F, UNIT ONE
WHEREAS, the Board of County Commissioners of Collier county,
Florida, on October 27, 1987, approved the plat of The Vineyards,
Tract F, unit One tor recording; and
WHEREAS, Michael T. and Joseph G. pvocacci are replatting Lot
4 ot The Vineyards, Tract F, unit One and have tiled for a replat ot
said lands; and
WHEREAS, Chapter 177.101(2), Florida Statutes requires the
Board of County commissioners to adopt a Resolution pr lor to the
recording of an approved replat; and
WHEREAS, this parcel, the approved plat ot Silver Oaks, is a
part of a previously approved and recorded plat, The Vineyards,
Tract F, unit One, and the tiling and recording of this approved
plat shall not affect access to lots previously conveyed under the
The Vineyards, Tract F, unit One plat.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the plat of
Silver Oaks, a part of a previously approved and recorded plat,
The Vineyards, Tract F, Unit One, is hereby approved for recording
and the dedications contained on the plat of Silver Oaks are hereby
accepted.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk ot the
Circuit Court shall make proper notation of this action upon the
previous plat.
This Resolution adopted atter motion, second and majority
vote tavoring same.
DATED:'.;f{(i!~
ATTEST: ...~
.. ." .~."". t'
., .i:?",
. -'/".'.:';
BwlGHT E. BROCi<;"'Clerk
a ;--=
.,
BOARD OF COUNTY COMMISSIONERS
COLLIER COU:ITY, FLORIDA
By: Wt:~
BURT L. SAUNDERS, Chairman
.c! .
Approved as to torm and legal
sutt"i/:1ency: ()
:fr~ ..:1>. ~ ~
R card D. Jovanovich
Assistant Collier County Attorney
JRH/gs
'1Illl
OGO ....' [;7
MARCH 16, 1993
..
CONSTRUCTION AND MAINTENANCE AGREEMENT
OF SUBDIVISION IMPROVEMENTS
PRIOR TO RECORDING OF PLAT
THIS AGREEMENT entered into this ~ day ot~~ '
1993 between M.K. at the Vineyards, Inc. here~nafter
referred to as "Developer", and the Board of County
commissioners ot Collier County, Florida, hereinafter
referred to as "The Board".
RECITALS
1. Developer has, simUltaneously with the delivery
ot this Agreement, applied tor the approval by the Board of
a certain plat ot a subdivision to be known as:
SILVER OAKS
2. Division 3.2 ot the Collier County Land
Development Code allows the Developer to construct the
improvements required by said subdivision regulations prior
to recording the tinal plat.
NOW, THEREFORE, in consideration of the foregoing
premises and mutual covenants hereinafter set forth,
Developer and the Board do hereby covenant and agree as
tollows:
1. Developer will cause to be constructed:
Water, Sewer, Paving, and Drainage Intrastructure within 36
months trom the date ot approval ot said subdivision plat,
said improvements hereinatter reterred to as the required
improvements_
2. Developer herewith agrees to construct said
improvements prior to recording said subdivi~ion plat and
the Board of County Commissioners shall not approve the plat
for racordlng until said improvements have been completed.
3. Upon completion ot said improvements, the
developer shall tender its Letter of Credit in the amount of
$12,861.80 which represents 10' of the total contract cost
to complete construction. Upon receipt of said Letter ot
Credit by the Development services Director, ~he Developer
may request the Board of County Commissioners to approve the
subdivision plat tor recording and grant preliminary
acceptance of said plat.
4a 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
1 of 3
600( 000 PI'" 68
...
,.
MARCH 16, 1993
Collier County Land Development Code. The Development
services Director shall, within sixty (60) days of receipt
ot the statement of substantial completion, submit his
recommendations concerning the required improvements to the
Board.
5. Upon receipt by the Board of recommendations from
the Development services Director concerning required
improvements, the Board shall within thirty (30) days
either: a) notity the Developer in writing of its
preliminary acceptance of the improvements; or b) notify the
Developer in writing of its refusal to accept improvements,
therewith specifying those conditions which the Developer
must tulfill in order to obtain the Board's acceptance of
the improvements. However, in no event shall the Board
refuse preliminary acceptance of the improvements if they
are in tact constructed and submitted for approval in
accordance with the requirements of this Agreement.
6. The Developer shall maintain all required
improvements tor a minimum period ot one year after
preliminary acceptance by the Board; after the one year
maintenance period by the Developer has terminated the
Development Services Director shall inspect the improvements
and, it tound to be still in compliance with Collier County
Land Development Code as retlected by tinal acceptance by
the Board, the Developer's responsibility for maintenance of
the required improvements shall terninate and the Board
shall release the 10% Letter of Credit, otherwise the
Developer's responsibility for maintenance shall continue
until final acceptance by the Board.
7. In the event the Developer shall fail or neglect
to fulfill its obligations under this Agreement, upon
certification of such tailure by the Development Services
Director and upon notice as provided by the Land Development
Code, the Board shall have the right to construct and
maintain, or cause to be constructed and maintained,
pursuant to public advertisement and receipt of acceptance
of bids, the improvements required herein. The Developer,
as principal under the Letter ot Credit shall be liable to
pay and to indemnity 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 tailure ot the Developer to carry out all of the
provisions of this Agreement.
8.
contained
successors
All of the terms, covenants and conditions herein
are and shall be binding upon the respective
and assigns of the Developer.
2 ot 3
am
OOOw., 69
MARCH 16, 1993
IN WITNESS WHEREOF, the Board and the Developer have
caused this Agreement to be executed b~eir duly
authorized representatives this ~ day ot _-" ./ ____ ,
1993. ' .
Witness to Michael Kessous:
~&">i'~
W tness:
Skop.l~ Bcwt:.l!Soc.k
j7or2"'
w ells: ~
~ A ()", r :::sr,
pr nted Name:
, " ~~ln[J
,.~, .. vI'
;, _'ATTEST:" ,', {',
;. ,DWIGHT ,E. )lRQo<, CLERK
~':, . '.::?"
~ .~ ~
AP~roV~d as to torm and
legal sutticiency:
~',. ~
e
Attorney
CMPtIPLT.AGI (12/92'
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: d-4ft
Burt L. Saunders, Chairman
3 of: 3
am omw,: 70