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Backup Documents 02/23/2016 Item #16A 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A _ 4 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#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#1 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 3 A/At 4. BCC Office Board of Count �� Commissioners 1/4.csN et c3VO\�� 5. Minutes and Records Clerk of Court's Office *lb 3 101'1 PRIMARY CONTACT INFORM• ION Normally the primary contact is the person who created/prepared the Executive Summary. Prim, 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 .4umber x-5757 1 Contact/ Department Agenda Date Item was February 23,2016 • :enda Item Number 16-A4 Approved by the BCC Type of Document Plat —Maple Ridge at Ave Maria Phas- + Number of Original °IitCJ,O Attached 7+. �„��.,��.,�+ 44) za.c)c.,",,,,,,, 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? \ S 2. Does the document need to be sent to another agency for additional signature? 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 February 23,2016 and all changes made vduring the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 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 16A 4 Prepared By and Return To: Cheryl L.Hastings,Esq. GRANT FRIDKIN PEARSON,P.A. 5551 Ridgewood Drive,Suite 501 Naples,Florida 34108 (space above line for official use only) SEVENTH 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 Easements for Maple Ridge at Ave Maria, recorded at Official Records Book 5012, Pages 3688 through 3690; as amended by that certain Second Amendment and Supplement to the Declaration of Covenants, Restrictions and Easements for Maple Ridge at Ave Maria, recorded at Official Records Book 5066, Pages 1827 through 1829; as further amended by that certain Third Amendment to the Declaration of Covenants, Restrictions and Easements for Maple Ridge at Ave Maria, recorded at Official Records Book 5066, Pages 1830 through 1832; and that Fourth Amendment and Supplement to the Declaration of Covenants, Restrictions; and Easements for Maple Ridge at Ave Maria, recorded at Official Records Book 5100, Pages 0465 through 0474; as amended by that certain Fifth Amendment and Supplement to the Declaration of Covenants, Restrictions; and Easements for Maple Ridge at Ave Maria, recorded at Official Records Book 5115, Pages 2143 through 2148; as amended by that certain Sixth Amendment and Supplement to the Declaration of Covenants, Restrictions; and Easements for Maple Ridge at Ave Maria, recorded at Official Records Book 5204, Pages 1803 through 1809; 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 4, 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 1.l(bb) is hereby revised as follows (deleted terms are shown as strikes and added terms are und_elinr d): "Plat" means, collectively,.the Maple Ridge at Ave Maria Phase 1 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; the Maple Ridge at Ave Maria Phase 3 plat recorded in Plat Book 56, Pages 41 through 49; the_Maple Ridge_at Ave Mare_Phase_4TIat recorded in Plat Book . Pages through ; the Coquina at Maple Ridge Phase 1 plat recorded in Plat Book 57, Pages 55 through 57; the Maple Ridge Estates Model Lots plat recorded in Plat Book 57, Pages 87 through 88; the Maple Ridge Reserve at Ave Maria, Phase 1, plat recorded in Plat Book 59, Pages 51 through 53; and the Hampton Village Phase 1 Replat recorded in Plat Book 53, Pages 82 and 83; of the Public Records of the County. Page 1 of 6 16 A 4 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. IN WITNESS WHEREOF, CC AVE MARIA, LLC, has caused this Amendment to be executed this day of February, 2016. Signed, Sealed and Delivered in the Presence of: CC AVE MARIA,LLC, a Florida limited liability company Witness #1 kit txote levw ckie Printed Name Witness #1 By: Witness #2 311{1 -Brian Gogu as Vice President Gc CX Printed Name Witness #2 STATE OF FLORIDA COUNTY OF COLLIER `v thAgmEREBY CERTIFY that the foregoing instrument was acknowledged before me this 0 day of Februfify, 2016, by Brian Goguen, 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 identification. 1 l ( '�"<G (SEAL) Nota Pub is-State of Florida l/31 (1 3 cic),-. , �Mi'%v' IND.DAVIDSON Printed Name of Notary _.. MY COMMISSION r FF 070690 M Commission Expires: �• �:a: EXPIRES:February 19,2018 } Ronded Th ru Notary Pubic Undeoerders Page 2 of 6 16 A • 4 EXHIBIT A ALL OF THOSE LANDS DESCRIBED IN THAT CE' • • ' • e - - • ' ' ' e• -• - 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 1 RECORDED IN PLAT BOOK 54, PAGES 42 THROUGH 47. 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 56, PAGES 41 THROUGH 49, 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 4 RECORDED IN-PLAT BOOK , PAGES THROUGH , OF THE - ------ -- -- ---- — — -- PUBLIC RECORDS OF COLLIER CQ NTY FLORIDA. AND ALL OF THOSE LANDS DESCRIBED AS COQUINA AT MAPLE RIDGE PHASE 1, PER PLAT BOOK 57 PAGES 55 thFetighTFIROUGH 57, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT TRACT "A", TRACT "C" AND TRACT "D" OF SAID PLAT AND LESS THAT PORTION OF TRACT"R", BECKTON ROAD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT "C" OF SAID PLAT OF COQUINA AT MAPLE RIDGE PHASE 1; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT "C" AND THE NORTHERLY LINE OF SAID TRACT "R" BECKTON ROAD, NORTH 74°13'35" EAST FOR 74.77 FEET TO THE SOUTHEAST CORNER OF SAID TRACT"C"; THENCE LEAVING SAID LINE SOUTH 15°46'25" EAST FOR 44.00 FEET TO A POINT ON THE SOUTHERLY LINE OF TRACT"R" BECKTON ROAD; THENCE ALONG THE SOUTHERLY LINE OF TRACT "R" BECKTON ROAD, SOUTH 74°13'35" WEST FOR 74.77 FEET TO THE SOUTHWEST CORNER OF SAID TRACT"R" BECKTON ROAD; THENCE ALONG THE WESTERLY LINE OF SAID TRACT "R" BECKTON ROAD NORTH 15°46'25" WEST FOR 44.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINS 3290 SQUARE FEET(0.08 ACRES). SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Page 3 of 6 16 A 4 AN D ALL OF THOSE LANDS DESCRIBED AS MAPLE RIDGE ESTATES MODEL LOTS PLAT, AS RECORDED IN PLAT BOOK 57, PAGE 87 THROUGH 88, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND ALL OF THE REAL PROPERTY DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE RESERVE AT AVE MARIA, PHASE 1, RECORDED IN PLAT BOOK 59, PAGES 51 THROUGH 53, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND ALL OF THOSE LANDS DESCRIBED IN_THAT CERTAIN PLAT_OF HAMPTON VILLAGE PHASE I REPLAT RECORDED IN PLAT BOOK 53,} PAGES 82 AND 83; OF THE PUBLIC RECORDS OF COLLIER_ AUNTY, FLORIDA. Page 4 of 6 16A4 JOINDER AND CONSENT THIS JOINDER AND CONSENT is given this, -(off-day of February, 2016, by WELLS FARGO BANK, NATIONAL ASSOCIATION ("Mortgagee"), the owner and holder of a Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing recorded in Official Records Book 4987, Page 2346; as modified in Official Records Book 5057, Page 3130; Official Records Book 5074, Page 0476; Official Records Book 5237, Page 2996; all of the Public Records of Collier County, Florida(collectively,the"Loan Documents"). WHEREAS, for good and valuable consideration, the receipt of which is hereby acknowledged, Mortgagee has been requested to join in and consent to the Seventh Amendment and Supplement to the Declaration of Covenants, Restrictions and Easements for Maple Ridge at Ave Maria, of the Public Records of Collier County, Florida to which this Joinder and Consent is attached. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, Mortgagee hereby consents to and joins in the recordation of Seventh Amendment and Supplement to the Declaration of Covenants, Restrictions and Easements for Maple Ridge at Ave Maria and the Loan Documents are subject to the terms thereof. IN WITNESS WHEREOF, Mortgagee has executed this Joinder and Consent the date first above written. Signed, sealed and delivered MORTGAGEE: in the presence of: WELLS FARGO BANK,NATIONAL i ASSOCIATION By: le 6,' Witness #1 SUSAN S. BEAUGRA$D,as Senior Vice R1s$d K Cal President Printed Name of Witness #1 G . y o Witness #2 Printed Name of Witness #2 Page 5 of 6 16A 4 STATE OF FLORIDA COUNTY OF DUVAL I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this 7"day of February, 2016, by SUSAN S. BEAUGRAND, as Senior Vice President of is Fargo Bank, National Association, on behalf of said bank, who is personally known to m Yeses No) or who produced as identification. 221/17XYY/ Nota Public-State of Florida _ (Notary Seal) ,5(J5)a Y� G?. l�&S le-t. — _ — Typed, stamped, or Printed Name of Notary .;;Rr Pio% SUSAN G.MOORE My Commission Expires: 1 s; Notary Public-State of Florida ' ' �-` My Comm.Expires Jan 26,2019 , ,,y:at1-1: Commission#FF 164776 Bonded ttxough National Notary Assn. 0 Page 6 of 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A 1, 1b 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#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 s gnature,draw a line through routing lines#1 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 ,Ju\ 3//11� • 4. BCC Office Board of County bF Commissioners 1 Z\1.:)\kms 5. Minutes and Records Clerk of Court's Office ryitiu r6/4/ &1211/914- 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 February 23,2016 Agenda Item Number 16-A4,,,,,,,,,/// Approved by the BCC Type of Document Construction&Maintenance Agreement Number of Original Two Attached and Performance Bond —Maple Ridge 4 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? S� 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 February 23,2016 and all changes made /1 during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. A,At. 9. Initials of attorney verifying that the attached document is the version approved by the J BCC,all changes directed by the BCC have been made,and the document is ready for th 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 16 A 4 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AJIQ MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ( ' day of / / t 1.\ , 20 16 between 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 4 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 12 (twelve) 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$3,423,337.93 - 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. ioA4 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 D v oper have caused this Agreement to be executed by their duly authorized representatives this g day of /264_ , 20 16 . SIGNED IN THE PRESENCE OF: (Name of Entity) CC AVE MARIA,LLC Printed Namet_ 2 >( Brian Goguen, President Printed Name/Title (President,VP,or CEO) Mo �ct , t S �L. (Provide Proper Evidence of Authority) Printed Name ATTEST: DWIGHT E. BROCK,CLERK B•E'D OF COUN COMMISSIONERS .011 ••LLIERCOi Y,� ORIDA By i,,, l t 1 M� :V-��'7/ '/," Depu Clerk alrlllah S DONNA FIALA, CHAIRMAN App `• ed as o form and'efiegs pre only. A -- Scott A. Stone,Assistant County Attorney 1 6A . 4 PERFORMANCE BOND No. 106468190 KNOW ALL PERSONS BY THESE PRESENTS: that CC Ave Maria, LLC 135 San Lorenzo Avenue, Suite 750 Coral Gables, Florida 33146 (hereinafter referred to as "Owner") and Travelers Casualty and Surety Company of America One Tower Square, 3B Hartford, CT 06813 (800)873-1477 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Three million four hundred twenty-three thousand three hundred thirty — seven dollars and 39 cents Dollars ($3,423,337.93) 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 THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Maple Ridge at Ave Maria Phase 4 and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, 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, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. 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. 16A . 4 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 22nd day of February, 2016. WITNESSES: CC Ave M ria, LLC A - iu & WUiL - By: I A Printed Name H I.5 Ly��a lA1 6 ' V a Brian Goguen, Vice -•ident IKAANN b der Printed Name/Title (Provide Proper Evidence of Authority) Printed Name w...b a itc aSC" ACKNOWLEDGEMENT STATE OF Floc i&,- COUNTY OF CDICIer THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS zL DAY OF 20 I Le BY Bej A n C�I.t(r A V t? OF Com.hcV. 111ta(141 LLC- WHO IS _PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public- State of flocia iy'riy . DIANE L VIGNER1 /7-}-4.4--e._-/-444-' /(��` -„` /� =*c �•1 .. MY COMMISSION N3,200820 SEAL l (/,/� ''��k= EXPIRES:Not:July nder2016 (SEAL) - lti Bonded Thru Notary Public Undxwrf�s Printed Name.0,j,.L I//&Ajt WITNpSES: Travelers Casualty and Surety Company of America ,i (.1 ') , ( :- .- . i L �!)e �i�C.(•Q. By:0)6411U1 I Printed Name: Kathy Bamber A • :, t 1,. 1 Charity A. Moser, Attorney-In-Fact (Provide Proper Evidence of Authority) rinted Name: Lorraine Jones-Murray ACKNOWLEDGMENT STATE OF Florida COUNTY OF Collier THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 22nd DAY OF FEBRUARY, 2016, BY CHARITY A . MOSER AS ATTORNEY-IN-FACT OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Nary Public- State of Florid �( �� KRISTIN M. N IERT /� r\V( NOTARY PUBLIC 11T STATE OF FLORIDA COMMISSION NO. EE884506 Printed Name: Kristin M. Neiert MY COMMISSION EXPIRES MAY 5, 2017 -..r. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 411111. POWER OF ATTORNEY 161------4:� TRAVELERSJ Farmington Casualty Company y St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 129466 Certificate No. 0 0 6 3 5 8 5 5 7 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies").and that the Companies do hereby make,constitute and appoint Huntley A. Hornheck II. Kristin M. Neiert,Marc E.Williams.Stephen J. l3enza,Charity A. Moser.and Dawn Y.Colecchio of the City of Naples State of Florida their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Comp s ave caused this instrument to be signed and their corporate seals to be hereto affixed,this 1st Jtme5 day of , Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company �� P pl.5u��r , op.E 6 ti \1.N 1y,1.` P1,NSUN „,,tY Ak, rJ1ry't�o O y�ypq���t V`Y Y QC:• •�f 4J.•............9,L �J 4.'11.. t......74, S S - (1 S ,f� fi a A *AO ItG°R4�' Q:• f, rP ,a u 1 9 8 2 O Y wCO�PORAtED" 2 �tF:S W:_°MORA).r, .`c,,,r De 19771 1961 r'''' ' % 16A4 „ % Project: Maple Ridge at Ave Maria Phase 4 -misilk PENINSULA-- Task: Summary-Engineer's OPC for Subdivision Bondi ENGINEERING -.``#... Prepared By: KD 'ate: 2/18/2016 Checked By: DH ate: Maple Ridge Phase 4 Bond Calculation Calculation Summary Phase 4 Percent Dollar Total EARTHWORK $ 483,169.90 5% $ 24,158.50 $ 507,328.40 PAVING $ 1,242,546.75 5% $ 62,127.34 $ 1,304,674.09 DRAINAGE $ 884,444.80 5% $ 44,122.14 $ 928,667.04 LANDSCAPE AND LIGHTING $ 353,767.49 5% $ 17,688.37 $ 371,455.86 Total Probable Construction Cost: $ 2,963,928.94 5% $ 148,196.45 $ 3,112,125.39 100%Construction Bond: $ 3,112,125.39 10%maintenance Bond: $ 311,212.54 Total Phase Bond Amount: $ 3,423,337.93 NOTES: 1)This Opinion of Probable Cost shall be used for Bond Fee Calculations Only. 2)This Opinion of Probable Cost is based on Peninsula Engineering's understanding of the current rules,regulations,ordinances,and construction costs in effect on the date of this document. 3)All costs provided in this OPC are based on recent contract prices,or the Engineers'latest known unit costs.These costs cannot be guaranteed at this time due ti unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor. 4)This cost estimate does not include the cost of any building construction. 5)This cost estimate assumes dry utilities(LCEC,cable,telephone)will be installed at no-cost to the developer. 6) Due to the preliminary nature of the project,this cost estimate includes a 10%contingency in each section. Reference individual Phase OPC's for detailed of costs. 7) Bonding for lake excavation provided in separate bond,with the lake excavation permit. i►"\\%\````'L A\J I D J°°°'°�i,,•�', • yG� UCfi/y.'• se's i* 4/0. sF.• -0: 6o, 1 o i1!►;--/may S0 r��./L .Th / 1I, „..„..... ,'id 1.Har `�6. \\\ °��° /4 `e ra 069 \\\ �, Certificate of AttA&'i�att,on 1128275 16A4 ., „:.., :,,,,,,,z,,*,:: Project: Maple Ridge at Ave Maria Phase 4(Rev.01) P E iN I N S U L A/ Task: Engineer's OPC for Subdivision Fee Calculations ( ) E. 1 Prepared By. CW Date: 12!7/2015 Checked By: DJH Date: 12/7/2015 PHASE 4 CONTINGENCY Calculation Summary SUB-TOTAL PERCENT DOLLAR TOTAL EARTHWORK $ 483,169,90 5% $ 24,158.50 $ 507,328.40 PAVING $ 1,242,546.75 5% $ 62,127.34 $ 1,304,674.09 DRAINAGE $ 884,444.80 5% $ 44,222.24 $ 928,667.04 POTABLE WATER $ 396,734.60 5% $ 19,836.73 $ 416,571.33 SANITARY SEWER $ 729,570.00 5% $ 36,478.50 $ 766,048.50 IRRIGATION $ 277,915.10 5% $ 13,895.76 $ 291,810.86 LANDSCAPE AND LIGHTING $ 353,767.49 5% $ 17,688.37 $ 371,455.86 Total Probable Construction Cost: $ 4,368,148.64 5% $ 218,407.43 $ 4,586,556.07 PAVING,DRAINAGE,EARTHWORK,LANDSCAPE AND LIGHTING (SUBTOTAL BASIS FOR COUNTY REVIEW FEES)= $ 3,112,125.39 POTABLE WATER,SANITARY SEWER,IRRIGATION (SUBTOTAL BASIS FOR AMUC REVIEW FEES)= $ 1,474,430.69 NOTES: 1)This Opinion of Probable Cost shall be used for Review Fee Calculation Purposes Only. 2)This Opinion of Probable Cost is based on Peninsula Engineering's understanding of the current rules,regulations,ordinances,and construction costs in effect on the date of this document.Interpretations of these construction costs may affect this Opinion of Probable Cost,and may require adjustments to delete,decrease, or Increase portions of this Opinion of Probable Cost. 3)All costs provided in this OPC are based on recent contract prices,or the Engineers'latest known unit costs.These costs cannot be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor. 4)This cost estimate does not include the cost of any building construction. 5)This cost estimate assumes dry utilities(LCEC,cable,telephone)will be installed at no-cost to the developer. ORv1571141, . 6)Due to the preliminary nature of the project,this cost estimate includes a 5%contingency in each section. ''�L`rF ' •�'s i# 7)Review Fees for lake excavation provided in separate Review fee,with the fake excavation permit. ,•, V ,Y •••�''Z *;' No. 60727 =_ % I .• [[•rr•,,iav � Hunt.P.E ,'I/4 N`11" eninnssula Engineering Certificate of Authorization#28275 C:Wserss<Davidson\ApoData\LocahmicrosornWindowskremporary Internet Fifes\Coniet look\S5OJT5061DRAFT Phase4 Engineers OPC FeeCalc(Revot).xiss 16A4 • ., P E N I N S U L AProject: Maple Ridge at Ave Maria Phase 4 Task: Summary-Engineer's OPC for Subdivision Bondi [[p" Prepared By: KD ate: 2/18/2016 NV�NGCIlN4J� Checked By: DH ate: Maple Ridge Phase 4 Bond Calculation Calculation Summary Phase 4 Percent Dollar Total EARTHWORK $ 483,169.90 5% $ 24,158.50 $ 507,328.40 PAVING $ 1,242,546.75 5% $ 62,127.34 $ 1,304,674.09 DRAINAGE $ 884,444.80 5% $ 44,222.24 $ 928,667.04 LANDSCAPE AND LIGHTING $ 353,767.49 5% $ 17,688.37 $ 371,455.86 Total Probable Construction Cost: $ 2,963,928.94 5% $ 148,196.45 $ 3,112,125.39 100%Construction Bond: $ 3,112,125.39 10%maintenance Bond: $ 311,212.54 Total Phase Bond Amount: $ 3,423,337.93 NOTES: 1)This Opinion of Probable Cost shall be used for Bond Fee Calculations Only. 2)This Opinion of Probable Cost is based on Peninsula Engineering's understanding of the current rules,regulations,ordinances,and construction costs in effect on the date of this document. 3)All costs provided in this OPC are based on recent contract prices,or the Engineers'latest known unit costs.These costs cannot be guaranteed at this time due ti unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor. 4)This cost estimate does not include the cost of any building construction. 5)This cost estimate assumes dry utilities(LCEC,cable,telephone)will be installed at no-cost to the developer. 6) Due to the preliminary nature of the project,this cost estimate includes a 10%contingency in each section. Reference individual Phase OPC's for detailed of costs. 7) Bonding for lake excavation provided in separate bond,with the lake excavation permit. 0111100000006 f;.i • ��`���:40 10AVID j , L6 FI CFj/6: .. (S'S N0 ®,71:911:.... .4 11°47- 2 �1 1/..11/L ice. .......... a '��.id J. ur \\ it /.•• , H � r �Y RRRRR�����yyyyy����� rr,��aa..���� �� Certificate ontMAC atlonn#28275 , y 16A4.., „ Project: Maple Ridge at Ave Maria Phase 4(Rev.01) PFNIINICT 1 I Task: Engineer's OPC for Subdivision Fee Calculations Prepared By: CW Date: 12/7/2015 Checked By: DJH Date: 12/7/2015 PHASE 4 CONTINGENCY Calculation Summary SUB-TOTAL PERCENT DOLLAR TOTAL EARTHWORK $ 483,169.90 5% $ 24,158.50 $ 507,328.40 PAVING $ 1,242,546.75 5% $ 62,127.34 $ 1,304,674.09 DRAINAGE $ 884,444.80 5% $ 44,222.14 $ 928,667.04 POTABLE WATER $ 396,734.60 5% $ 19,836.73 $ 416,571.33 SANITARY SEWER $ 729,570.00 5% $ 36,478.50 $ 766,048.50 IRRIGATION $ 277,915.10 5% $ 13,895.76 $ 291,810.86 LANDSCAPE AND LIGHTING $ 353,767.49 5% $ 17,688.37 $ 371,455.86 Total Probable Construction Cost: $ 4,368,148.64 5% $ 218,407.43 $ 4,586,556.07 PAVING,DRAINAGE,EARTHWORK,LANDSCAPE AND LIGHTING (SUBTOTAL BASIS FOR COUNTY REVIEW FEES)= $ 3,112,125.39 POTABLE WATER,SANITARY SEWER,IRRIGATION (SUBTOTAL BASIS FOR AMUC REVIEW FEES)= $ 1,474,430.69 NOTES: 1)This Opinion of Probable Cost shall be used for Review Fee Calculation Purposes Only. 2)This Opinion of Probable Cost is based on Peninsula Engineering's understanding of the current rules,regulations,ordinances,and construction costs in effect on the date of this document.Interpretations of these construction costs may affect this Opinion of Probable Cost,and may require adjustments to delete,decrease, or increase portions of this Opinion of Probable Cost. 3)All costs provided in this OPC are based on recent contract prices,or the Engineers'latest known unit costs.These costs cannot be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor. 4)This cost estimate does not include the cost of any building construction. 5)This cost estimate assumes dry utilities(LCEC,cable,telephone)will be installed at no-cost to the developer. OM ID j t!/�0, '7 i�i 6)Due to the preliminary nature of the project,this cost estimate includes a 5%contingency in each section. +,+'•+`CFM •. ')- �' , s • 1. F •• 7)Review Fees for lake excavation provided in separate Review Fee,with the lake excavation permit. , *,1 No 60 7 2T . ri 14111wi+;C S .•• 1% ••••_14/A-; L , ..14,A.Hurst,P.E y4 �t •GtI/�ry LN`(. eAtration#60727 I91110/Hf4Hf�1tPeenninsula Engineering Certificate of Authorization#28275 C:1UserstKDavidson\AppDatatLocatiMicrosofhWindows1Temporary Internet Files\Conlekotil look\S6OJT506\DRAFT Phase4 Engineers OPC FeeCalc(Rev01).xlsx