Backup Documents 06/24/2014 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 1
THE BOARD OF COUNTY COMMISSIONERS O FFICE FOR SIGNA RE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. (')\3. County Attorney Office County Attorney Office / (
4. BCC Office Board of County �
Commissioners \ � ✓�/, � 1,■
5. Minutes and Records Clerk of Court's Office
-16rYt. ttl t) t2:.24 fo.,
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department /
Agenda Date Item was June 24,2014 // Agenda Item Number 16-A1 l
Approved by the BCC
Type of Document Plat—Maple Ridge 3 Number of Original One
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JH
2. Does the document need to be sent to another agency for additional signatures? If yes, JH
provide the Contact Information(Name; Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on June 24,2014 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable. • 00;
9. Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature. ►�
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
Prepared By and Return To:
Cheryl L.Hastings,Esq. 16 A I
GRANT FRIDKIN PEARSON,P.A.
5551 Ridgewood Drive,Suite 501
Naples,Florida 34108
(space above line for official use only)
SECOND AMENDMENT AND SUPPLEMENT TO THE DECLARATION OF COVENANTS,
RESTRICTIONS AND EASEMENTS FOR MAPLE RIDGE AT AVE MARIA
CC AVE MARIA, LLC, a Florida limited liability company, as Developer of Maple Ridge at
Ave Maria, hereby amends the Declaration of Covenants, Restrictions and Easements for Maple Ridge at
Ave Maria, recorded at Official Record Book 4958, Page 0857, et. seq.; as amended by that certain First
Amendment and Supplement to the Declaration of Covenants, Restrictions and Easement for Maples
Ridge at Ave Maria, recorded at Official Records Book 5012, Pages 3688 through 3690; of the Public
Records of Collier County, Florida(collectively,the"Declaration"), as follows:
1. Pursuant to Section 2.2 of the Declaration, Developer hereby subjects the property
described in the Maple Ridge at Ave Maria Phase 3 plat recorded in Plat Book
Pages through , of the Public Records of Collier County, Florida (the
"Additional Property") to the Declaration. From and after the date hereof, all references
in the Declaration to"Property" shall hereafter include the Additional Property.
2. Pursuant to the provisions of Article 18, Section 18.1, the definition of"Plat" in Section
I.1(bb) is hereby revised as follows (deleted terms are shown as stri',.,_. ethr*__"_real}and added
terms are underlined):
"Plat" means, collectively, the Maple Ridge at Ave Maria Phase I plat recorded in Plat
Book 54, Pages 42 through 47; the Maple Ridge at Ave Maria Phase 2 plat recorded in
Plat Book 54, Pages 87 through 91; thtlqaple Riglge_af.. vt_Maria Phase 3 p_Iat resQr dcd
in PIahQk , Pages tom 1 � and the Hampton Village Phase 1 Replat
recorded in Plat Book 53, Pages 82 and 83; of the Public Records of the County.
3. Exhibit A to the Declaration is hereby replaced in its entirety with the attached Exhibit
A.
4. Those terms not defined herein shall have the same meaning as defined in the
Declaration. Except as specifically amended hereby, the Declaration as heretofore filed
and recorded shall remain in full force and effect.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE TO FOLLOW.]
Page 1 of 2
16 A 111
IN WITNES WkI EREOF, CC AVE MARIA, LLC, has caused this Amendment to be executed
this_2 day of JO I 2014.
Signed, Sealed and Delivered
in the Presence of:
CC AVE MARIA,LLC, a Florida limited
U✓� liability company
itness #1
U SSUtfe 0\-C YG
Printed Name Witness #1
t..... cuico js
By: /!L —
Witness #2 Harol• isenacher, as Vi'e President
Um is AckKnua
Printed Name Witness #2
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I EREBY CERTIFY that the foregoing instrument was acknowledged before me this 2g day
of i0\ , 2014, by Harold Eisenacher, as Vice President of CC AVE MARIA, LLC,
a Florida limited liability company, on behalf of said company, who is personally known to me or who
produced as identificatio
- VA-bLi01
(SEAL) Noitaf c) L. ci c c �Florida�
Printed Name of Notary
My Commission Expires: &. / 2 . l 7
A
LISSETTE VIERA
'11'C`--'<<1MISS()r! F f f r;=Fg 1 1
Y -XFIRE.S.lull( 1 2 ?U1
10 -U1', I Irxi 1,N,,If y' rvi e uun
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Page 2 of 2
16A11
EXHIBIT A
All of the real property described in that certain plat of Maple Ridge at Ave Maria Phase 1 recorded in
Plat Book 54, Pages 42 through 47; together with all of those lands described in that certain plat of Maple
Ridge at Ave Maria Phase 2 recorded in Plat Book 54, Pages 87 through 91; and all of those lands
described in that certain plat of Hampton Village Phase 1 Replat recorded in Plat Book 53, Pages 82 and
83; of the Public Records of Collier County, Florida.
AND
All of the real property described in that certain plat of Maple Ridge at Ave Maria Phase 2 recorded in
Plat Book 54, Pages 87 through 91,of the Public Records of Collier County, Florida.
AND
All of the real property described in that certain plat of Maple Ridge at Ave Maria Phase 3 recorded in
Plat Book , Pages through , of the Public Records of Collier County, Florida.
Page 3 of 3
Prepared By and Return To:
16A11
Cheryl L.Hastings,Esq.
GRANT FRIDKIN PEARSON,P.A.
5551 Ridgewood Drive,Suite 501
Naples,Florida 34108
(space above line for official use only)
THIRD AMENDMENT TO THE DECLARATION OF COVENANTS,RESTRICTIONS AND
EASEMENTS FOR MAPLE RIDGE AT AVE MARIA
CC AVE MARIA, LLC, a Florida limited liability company, as Developer of Maple Ridge at
Ave Maria, hereby amends the Declaration of Covenants, Restrictions and Easements for Maple Ridge at
Ave Maria, recorded at Official Record Book 4958, Page 0857, et. seq.; as amended by that certain First
Amendment and Supplement to the Declaration of Covenants, Restrictions and Easement for Maple
Ridge at Ave Maria, recorded at Official Records Book 5012, Page 3688 through 3690; and that certain
Second Amendment and Supplement to the Declaration of Covenants, Restrictions and Easement for
Maples Ridge at Ave Maria, recorded at Official Records Book , Page through
; all of the Public Records of Collier County, Florida (collectively, the "Declaration"), as
follows:
RECITALS:
A. Developer has devised a parcel of land located in Collier County, Florida, which is more
properly described on Exhibit "A" attached hereto (the "Property") and known as "Maple Ridge at Ave
Maria", pursuant to a general plan of development; and
B. The Property is a portion of the overall property which is encumbered with a Declaration
of Restrictive Covenants, Conditions, and Restrictions for Ave Maria (the "Master Declaration"), as
recorded in Official Records Book 4040, Page 1711, et. seq., of the Public Records of Collier County,
Florida; and
C. Subsequent to recording the Declaration, South Florida Water Management District
("SFWMD") notified the Developer of the Master Association's refusal to manage the water management
system on the Property and the need for the Developer to amend the Declaration to make provision for the
Neighborhood Association to take responsibility for the water management system located within the
Property; and
D. Pursuant to Article 18 of the Declaration, Developer, hereby amends the Declaration to
insert the requisite language required by the SFWMD.
NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, the Developer hereby amends the Declaration as follows (deleted terms are shown as
strikethrough and added terms are underlined):
1. Article 8 is hereby amended to add the following Section 8.8:
Surfncc_W r_Managemen tem_The=Neighb_rhoosiAs4ciatiQn_sh; llhe the
entitv__esD•■ ible_for m;yin tenance __op rationof__ he__ trface =_wnter
management__syst_m —The„ maintenance and_operation_of the_su dace water
in anagemenl__sy stem__shalt_ _e_performed ta the=_standatsis_ tabIislid_by_thee
C41�i�= oun end_=the=SQUth__ ari Water-=Management=_ Di�tr the
Neighba_rh d_Assoc ntionand_this=D ecla_rati�t� an te__event_ ther_en thy__is
delevied the.prlmaryresponszbilityand_.t fails in its_obl gati4n to_maintain and
16 A 1 1 e
operate_the surface water rnanagement_system,the Neighborhood Association
thefight and a_perpetiral,___non-exclusive easement toenter_upon_and
petfoniLmailir enance and operational responsibilities for and,iflipair
the surface water management system. If the Neighborhood Association i5
dissolve_d—the_pro_pedy consisting of the surface water management system will
be conveyed to an appropriate agency_oflocalmn n__Loaccepted by
such agency,to a similar non-profit corporation.
The South Florida Water Management District shall_have the right to take
enforcement action, including a civil action for zn jniunctiarLaudmaltto
against tht_Neighborhood Association, or such other entity that is_delegated the
primary responsibility for maintenance and operation of the surface water
maimnien _tocomeilhe Neighborhood Association or such entity to
correct any_outstanding problems with the surfacewater management system
facilities.
Nothing in this Declaration shall be construed to allow any person to construct
1- w, - m - ft ill% • to alter the surface water management
system without first obtaining the necessary permits from all governmental
agencies having urisdictiqp including the South Florida Water Management
District,
2. Article 18 is hereby amended to add the following Section 18.4:
Regardless of any other provision L this Declaration, no termination_ ox
amendment of this. Declaration can be effective to change the Neigh od
Association's responsibilitiesforthesi 1,thcetermmgcalent,systninkss
the amendment has been consented to in writing by the South Florida Water
Management Distfict,
IN WITNES WH REOF, CC AVE MARIA, LLC, has caused this Amendment to be executed
this 2 day of 01 2014.
Signed, Sealed and Delivered
in the Presence of:
CC AVE MARIA,LLC, a Florida limited
liability company
.VA-C2/%C■
iitness #1
L)1 Se-14f ore ‘ICA
Printed Name Witness #1
baCkY)40 By:
Witness #2 Harold Eisenacher, as Vice President
UMICk Aki\cLAPI
Printed Name Witness #2
Page 2 of 3
16A11
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this 2—�day
of Jv\i , 2014, by Harold Eisenacher, as Vice President of CC AVE MARIA, LLC,
a Florida limited liability company, on behalf of said company, who is personally known to me or who
produced as identificat. .
.
VAS/ D--,
(SEAL) Notary P pate o' _Florida
Printed Name of Notary
My Commission Expires: C 2. /2 . 17
it LISSETTE VIERA
MY COMMISSION #FE026944
'r�., EXPIRES June 12.2017
Ito ,193-0153 F for idallohryServic0.corn
Page 3 of 3
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI1 6 A 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines 41 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Count Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office ?/3 (//y
4. BCC Office Board of County 1D
Commissioners \c/$/ 1\'
5. Minutes and Records Clerk of Court's Office tii(14 12:
Pm
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was June 24,2014 Agenda Item Number 16-A 11
Approved by the BCC
Type of Document Construction&Maintenance Agreement Number of Original Two
Attached and Performance Bond —Maple Ridge 3 Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JH
2. Does the document need to be sent to another agency for additional signatures? If yes, JH
provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman,with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
�tti, r
8. The document was approved by the BCC on June 24,2014 and all changes made
during the meeting have been incorporated in the attached document. The County 4:1 66r
Attorney's Office has reviewed the changes, if applicable. }/'�:� • 'ho'
9. Initials of attorney verifying that the attached document is the version approved by the 1 1 ' “t%
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature. li
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised . 5;Revised 11/30/12
16A11
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this e YN day of / J Lit4 . , 20 14 between
CC Ave Mena,LLC 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 certain plat of a subdivision to be known as: Maple Ridge at Ave Maria Phase 3
B. Chapter 4 and 10 of the Collier County Land Development Code required 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:
1. Developer will cause to be constructed: Roadway, drainage, water& sewer Improvements
within twelve(12) months from the date of approval said subdivision plat, said improvements
hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and
by reference made a part hereof) in the amount of$3,615,113.74 -which amount represents 10% of
the total contract cost to complete the construction plus 100% of the estimated cost of to complete
the required improvements at the date of this Agreement.
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 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 County Manager or his designee for compliance with the Collier
County Land Development Code.
5. The County Manager or his designee 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 County
Manager's approval of the improvements. However, in no event shall the County Manager or his
designee 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. The Developer shall maintain all required improvements for a minimum period of one year after
preliminary approval by the County Manager or his designee. After the one year maintenance period
by the Developer has terminated, the Developer shall petition the County Manager or his designee to
inspect the required improvements. The County Manager or his designee shall inspect the
improvements and, if found to be still in compliance with the 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.
16A11
7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter
the Developer may request the County Manager or his designee 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 County Manager or his designee. The County Manager or his designee 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 Manager or his designee 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.
9. 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 representatives this 'Z 4•T!t day of / JL( t■L , 20 t4 .
SIGNED IN THE PRESENCE OF: (Name • tit / dc e aria, LLC
c'e//ir �CJay...l.ri iYN By: ki i
Printed Name ''// David B. Genson Vice President
"t�lrv+ �• Vi �SDrI +
Printed Name/Title
/ - T r761/11- (President,VP, or CEO)
LaVeme M. Webb (Provide Proper Evidence of Authority)
Printed Name 1p( eorct: po}� L
ATTEST: yawx{- -'
�
DWIGJCN"HT E,BROCK, CLERKS BOARD OF COUNTY 'OMMISSIONERS
OF COLLI COQ , FLORIDA
By: /y .A-a
Deputy Clerk '.
Approved as to form and legality: TOM HENNING, CHAIRMAN
Scott A. Stone.
Assistant County Attorney