Agenda 04/12/2016 Item #16A23 4/12/2016 16.A.23.
EXECUTIVE SUMMARY
Recommendation to grant final approval of the private roadway and drainage improvements for
the final plat of Maple Ridge at Ave Maria Phase 1 Application Number PL2013000058 with the
roadway and drainage improvements being privately maintained and authorizing the release of the
maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final approval of
the improvements associated with the Maple Ridge at Ave Maria Phase 1 plat, and release the
maintenance security in the amount of$353,062.41.
CONSIDERATIONS:
1) On March 30, 2014, the Growth Management Department granted preliminary
acceptance of the roadway and drainage improvements in Maple Ridge at Ave Maria
Phase 1.
2) The roadway and drainage improvements will be maintained by the project's
homeowners association.
3) The required improvements have been constructed in accordance with the
Land Development Code. The Growth Management Department has inspected the
improvements and is recommending final acceptance of the improvements.
4) A resolution for final acceptance has been prepared and approved by the County
Attorney's Office. The resolution is a requirement of Section 10.02.05 C.3 of the Land
Development Code. A copy of the document is attached.
5) This project is within the Ave Maria SRA, which has been found to be in substantial
compliance.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the
project's homeowners association. The existing security in the amount of$353,062.41 will be
released upon Board approval. The original security in the amount of$1,773,036.35 has been
reduced to the current amount based on the previous work performed and completed and
pursuant to the terms of the Construction and Maintenance Agreement dated September 13,
2013.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval. - SAS
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RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements
in Maple Ridge at Ave Maria Phase 1 Application Number PL2013000058, and authorize;
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements.
2. The Clerk of Courts to release the maintenance security.
Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division,
Growth Management Department
Attachments:
1) Location Map
2) Construction&Maintenance Agreement
3)Resolution
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.23.
Item Summary: Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Maple Ridge at Ave Maria Phase 1 Application
Number PL2013000058 with the roadway and drainage improvements being privately
maintained and authorizing the release of the maintenance security.
Meeting Date: 4/12/2016
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Development Review
3/1/2016 8:53:13 AM
Approved By
Name: McLeanMatthew
Title: Project Manager,Principal,Development Review
Date: 3/7/2016 11:27:20 AM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 3/7/2016 12:14:52 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 3/7/2016 12:15:42 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 3/10/2016 7:40:18 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 3/14/2016 9:50:48 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
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Date: 3/17/2016 8:58:18 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/17/2016 2:44:18 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/25/2016 5:18:00 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 4/1/2016 2:51:13 PM
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this
jU 71-1 day of . 147t7 / ,2013 between CC Ave Maria,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 1
B. Chapters 4 and 10 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:
1. Developer will cause to be constructed:
within twelve(12) 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 performance security (attached hereto as Exhibit "A" and by
reference made a part hereof) in the amount of$ 1,773,036.35 - which amount represents 10% of the
total contract cost to complete the construction plus 100%of the estimated cost 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 such 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,
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.
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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 of 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 ttoT l day of I - / 20 13
SIGNED IN THE PRESENCE OF: (Name o e'ti ) 7te M i , LLC
aK
dl i iy» By: '
Printed Name David Genson
Kt m 0, 041,4 c&),
Printed Name/Title Vice President
"-Na t x. y. (President,VP,or CEO)
lYl c i + f f ( (Provide Proper Evidence of Authority)
Printed Name �l
ATTEST: cZp)r• (o 1
DWIGHT E. BROCK:CL tK BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY.FL RIDA
By
Depufjr Clerk Attest aS tQ •
sign tur 0MY. GE R IAA. HILLER, ESQ.
Approved atofprm aficl legali CHAIRWOMAN
Emily R. ?epin
Assistant County Attorney
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PEN { N S U A L Task Mapsn Ridge at Ave Mane Phase 1
Task Engineer's OPC for Subdivision P Bond
_ Prepared By. CJB Date: 6126/2013
ENGINEERING Checked By: .10E Date: 612612013
CONTINGENCY
Calculation Summary SUB-TOTAL PERCENT DOLLAR TOTAL.
EARTHWORK $ 521,577.41 15% $ 78,236.61 $ 599,814.03
PAVING $ 353,679.35 15% $ 53,051.90 $ 406,731.25
DRAINAGE $ 90,464.00 15% $ 13,569.80 $ 104,033.60
POTABLE WATER $ 80,794.00 15% $ 12,119.10 $ 92,913.10
SANITARY SEWER $ 179,720.00 15% $ 28,958.00 $ 208,878.00
IRRIGATION $ 45,375.00 15% $ 6,808.25 $ 52,181.25
LANDSCAPE AND LIGHTING $ 130,000.00 15% $ 19,500.00 $ 149,500.00
Total Probable Construction Cost: $ 1,401,609.76 15% $ 210,241.46 $ 1,611,851.23
100%Construction Bond: $ 1,611,851.23
10%Maintenance Bond: $ 161,185.12
Total Band Amount: $ /,773,036.35
DIES:
I)This Opinion of Probable Cost shall be used for Bonding 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.
6)Due to the preliminary nature of the project,this cost estimate includes a 15%contingency in each section. ‘s,',QLAt
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Project: Maple Ridge at Ave Maria Phase 1
Task: Engineer's OPC for Subdivision Bond
Prepared By: CJB Date:6/26!2013
Checked By: JCE Date:6/26/2013
EARTHWORK
ID DESCRIPTION CITY UNIT TYPE UNIT PRICE TOTAL PRICE
EW-1 CLEARING AND GRUBBING 44.5 AC S 800.00 $ 35,600.00
EW-2 LAKE EXCAVATION-PROPOSED LAKE MR1-1(CUT) 35,532 CY $ 1.00 $ 35,532.00
EW-3 LAKE EXCAVATION-PROPOSED LAKE MR1-2(CUT) 60,525 CY $ 1.00 $ 60,525.00,
EW-4 LAKE EXCAVATION-EX.LAKE TN2A EXPANSION(CUT) 6,982 CY $ 1.00 $ 6,982.00
EW-5 LAKE EXCAVATION-EX.LAKE TN2C EXPANSION(CUT) 32,876 CY $ 1.00 $ 32,876.00
EMBANKMENT-PHASE 1 DEVELOPMENT AREA
(HAUL,SPREAD,ROUGH GRADING,COMPACT IN
EW-6 PLACE) 32,173 CY $ 2.00 $ 84,346.00,
EMBANKMENT-PHASE 2 DEVELOPMENT AREA
(HAUL,SPREAD,ROUGH GRADING,COMPACT IN
EW-7 PLACE) 47,940 CY $ 2.00 $ 95,880.00
EMBANKMENT-STOCKPILE(HAUL AND STOCKPILE
EW-8 'EXCESS FILL MATERIAL) 55,802 CY $ 2.00 $ 111,604.00
EW-9 SODDING SLAKE BANK) 7,500 SY $ 1.35 S 10,125.00
EW-10 SODDING(TEMPORARY OUTFALL SWALE) 4,082 SY $ 1.35 $ 5,510.70
EW-11 TEMPORARY GRAVEL CONSTRUCTION ENTRANCE 2 EA $ 2,500.00 $ 5,000.00
EW-12 SILT FENCE 8,500 LF $ 1.50 $ 9,750.00,
EW-13 TURBIDITY BARRIER 1,080 LF $ 8.50 S 9,180.00
EW-14 SEED AND MULCH(STOCKPILE AREA) 2.87 AC $ 1,350.00 $ 3,873.97
EW-15 SEED AND MULCH(PHASE 2 DEVELOPMENT AREA) 25.77 AC $ 1,350.00 $ 34,792.75
EW-18 S -
SUB-TOTAL EARTHWORK= $ 521,577.41
15%CONTINGENCY= $ 78,236.61
TOTAL EARTHWORK $ 599,814.03
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Project: Maple Ridge at Ave Maria Phase 1
Task: Engineer's OPC for Subdivision Bond
Prepared By: CJB Data 6/2612013
Checked By: JCE Date:6/2612013
PAVING
ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE
PAV-1 3/4-ASPHALTIC CONCRETE TYPE S-Ili(FIRST LIFT) 8,180 SY $ 4.00 $ 32,720.00
PAV-2 3/4"ASPHALTIC CONCRETE TYPE Sill(SECOND LIFT) 8,180 SY $ 4.00 $ 32,720.00
PAV-3 6"LIMEROCK BASE 8,360 SY $ 6.50 $ 54,340.00
PAV-4 12"STABILIZED SUBGRADE 8,538 SY $ 2.25 $ 19,210.50
PAV-5 GEOBLOCK STABILIZATION 1,730 SY $ 55.00 $ 95,150.00
PAV-6 TYPE"A'CURB 2,663 LF $ 11.50 $ 30,624.50
PAV-7 2'VALLEY GUTTER 2,683 LF $ 7.70 $ 20,659.10
PAV-8 4'VALLEY GUTTER CROSSING 340 LF $ 14.50 $ 4,930.00
PAV 10 4'CONCRETE SIDEWALK(5'WIDE) _ 15,731 SF ,$ 2.75 $ 43,260.25
PAV-11 SIGNING AND PAVEMENT MARKINGS 1 LS $ 10,000.00 $ 10,000.00
PAV 12 SODDING 4,026 SY $ 2.50 $ 10,065.00
PAV-13 $ -
PAV-14 $ -
PAV-15 $ -
PAV-18 $
SUB-TOTAL PAVING= $ 353,679.35
15%CONTINGENCY= $ 53,051.90
TOTAL PAVING s $ 406,731.25
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Project: Maple Ridge at Ave Maria Phase 1
Task: Engineer's OPC for Subdivision Bond
Prepared By: CJB Date:6/26/2013
Checked By: JCE Date: 6/26/2013
DRAINAGE
ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE
ORA-1 REMOVE EX.48"HEADWALL 2 EA $ 500.00 $ 1.000.00
DRA-2 ,REMOVE EX.48"RCP STORM SEWER 200, LF $ 45.00 $ 9,000.00
DRA-3 ,15"RCP STORM SEWER 160 LF , $ 20.00 $ 3,200.00
DRA-4 18"RCP STORM SEWER 400 LF $ 25.00 $ 10,000.00
DRA-5 ,24"RCP STORM SEWER 160 LF $ 38.00 $ 6080.00
DRA-6 30'RCP STORM SEWER 318 LF $ 50.00 $ 15,900.00
DRA-7 36*RCP STORM SEWER 50 LF $ 68.00 $ 3,400.00
ORA-8 GRATE INLET 1 EA S 2,750.00 $ 2,750.00
DRA-9 VALLEY GUTTER INLET 8 EA $ 2,750.00 $ 16,500.00
DRA-10 JUNCTION BOX 2 EA $ 2,500.00 $ 5,000.00
DRA-11 16"HEADWALL 2 EA $ 1,500.00 $ 3,000.00
DRA-12 38"HEADWALL 1 EA $ 2,500.00 $ 2.500.00,
DRA-13 8'ADS PIPE 135 LF $ 11.00 $ 1,485.00
DRA-1412"ADS PIPE 473 LF $ 13,00 $ 6,149.00
DRA-15 REAR YARD DRAINS 15 EA _ $ 300.00_$ 4,500.00
SUB-TOTAL DRAINAGE= $ 90,464.00
15%CONTINGENCY= $ 13,569.60
TOTAL DRAINAGE I $ 104,033.60
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Project: Maple Ridge at Ave Maria Phase 1
Task: Engineer's OPC for Subdivision Bond
Prepared By: CJB Date:8/28/2013
Checked By: JCE Date:8/28/2013
POTABLE WATER _
ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE
WAT-1 8"PVC WATER MAIN(C900,CL150) 1,297 IF $ 12.00 $ 15,584.00.
WAT-2 8'PVC WATER MAIN(C900,CL200)? 220 IF $ 14.00 $ 3,080.00
WAT-3 8"GATE VALVE 9 EA $ 1,000.00 $ 9,000.00
6"TEMPORARY BLOW-OFF W/BACTERIAL SAMPLE
WAT-4 POINT 3 EA $ 1,750.00 $ 5,250.00
WAT-5 AIR RELEASE VALVE 1 EA $ 1.500.00 $ 1,500.00,
W AT.6 FIRE HYDRANT ASSEMBLY(COMPLETE) 5 EA $ 3,500.00 $ 17,500.00
WAT-7 TEMP.BACTERIAL SAMPLE POINT 2 EA $ 250.00 $ 500.00
WAT-8 PERM.BACATERIAL SAMPLE POINT 1 EA $ 500.00 $ 500.00
REMOVE EX.FIRE HYDRANT AND CONNECT TO EX.
WAT-9 WATER MAIN 2 EA $ 3,200.00 $ 8,400.00
2"DOUBLE WATER SERVICE(SHORT SIDE)
WAT-10 (COMPLETE) 9 EA $ 700.00 $ 8,300.00
2'DOUBLE WATER SERVICE(LONG SIDE)
WAT-11 (COMPLETE) 10 EA $ 1,100.00 $ 11,000.00
1"SINGLE WATER SERVICE(SHORT SIDE)
WAT-12 (COMPLETE) 2 EA $ 400.00 $ 800.00
WAT-13 1"SINGLE WATER SERVICE(LONG SIDE)(COMPLETE) 2 EA $ 800.00 $ 1,800.00
WAT-14 TESTING 1 LS $ 1,800.00 $ 1,800.00
WAT-15 $ -
WAT-16 $ -
W AT-17 $ -
SUB-TOTAL POTABLE WATER= $ 80,794.00
15%CONTINGENCY= $ 12,119.10
TOTAL POTABLE WATER= $ 9491110
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Project: Maple Ridge at Ave Maria Phase 1
Task: Engineer's OPC far Subdivision Bond
Prepared By: CJB Date:6/26/2013
Checked By JCE Date: 6/26/2013
SANITARY SEWER
ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE
SAN-1 8"SDR 26 PVC GRAVITY SEWER MAIN(6'-8'CUT) 188 LF $ 32.00 $ 6,016.00
SAN-2 8"SDR 28 PVC GRAVITY SEWER MAIN(8'-10'CUT) 1,129 LF $ 48.00 $ 54,192.00
SAN-3 8"SDR 26 PVC GRAVITY SEWER MAIN(10-17 CUT) 877 LF $ 62.00 $ 41,974.00
SAN-4 4'SANITARY SEWER MANHOLE(8'-10'CUT) 2 EA $ 4.000.00 $ 8,000.00
SAN-5 4'SANITARY SEWER MANHOLE(10'-12'CUT) 7 EA $ 5,500.00 $ 38.500.00
SAN-8 TELEVISION INSPECTION 1,994 LF $ 2.00 $ 3,988.00
SAN-7 CONNECT TO EX.MANHOLE 2 EA $ 1,500.00 $ 3,000.00
SAN-8 6"SERVICE LATERAL(SINGLE) 12 EA $ 650.00 $ 7,800.00
SAN-9 6"SERVICE LATERAL(DOUBLE) 15 EA S 850.00 $ 12.750.00
SAN-10 CUT IN 6"SERVICE LATERAL(SINGLE) 1, EA $ 2,500.00 $ 2,500.00
SAN-11 TESTING 1 LS $ 1,000.00 $ 1,000.00
SAN-12 , $ -
SAN-13 $ -
SAN-14 $ -
SAN-15 $ -
SAN-16 $ -
SUB-TOTAL SANITARY SEWER= $ 179,720.00
15%CONTINGENCY= S 26,958.00
TOTAL SANITARY SEWER= $ 208.678.00
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•
Prciect: Maple Ridge at Ave Maria Phase 1
Task: Engineer's OPC for Solx1!vision Bond
Prepared By: CJB Date:6/26/2013
Checked By: JCE Date:6/26/2013
IRRIGATION
ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE
IRR-1 4"PVC IRRIGATION MAIN(C900,CL15O) 1,390 LF 6.50 $ 9,035.00
IRR-2 4"PVC IRRIGATION MAIN(C900,CL200) 280 EA $ 8.00 $ 2,240.00
IRR-3 4"GATE VALVE 9 EA $ 750.00 $ 5,750.00
IRR-4 4"TEMPORARY BLOW-OFF 3 EA $ 1,250.00, $ 3,750.00
2"DOUBLE IRRIGATION SERVICE(SHORT SIDE)
IRR-5 (COMPLETE) 10 EA $ 700.00 $ 7.000.00
2"DOUBLE IRRIGATION SERVICE(LONG SIDE)
IRR-6 (COMPLETE) 9 EA $ 1,100.00 $ 9,900.00
V SINGLE IRRIGATION SERVICE(SHORT SIDE)
IRR-7 ,(COMPLETE) 2 EA 400.00 $ 800.00
1"SINGLE IRRIGATION SERVICE(LONG SIDE)
IRR-8 (COMPLETE) 2 EA $ 800.00 $ 1,600.00
REMOVE EX.BLOW-OFF AND CONNECT TO EX.
IRR-9 IRRIGATION MAIN 2 EA $ 1,750.00 $ 3.500.00
IRR-10 TESTING 1 LS $ 800.00 $ 800.00
IRR-11 -
IRR-12 -
IRR-13
IRR-14 $
IRR-15
IRR-16 _ $ -
SUB-TOTAL IRRIGATION= $ 45,375.00
15%CONTINGENCY= $ 6,806.25
TOTAL IRRIGATION" $ 52,181.25
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Project: Maple Ridge at Ave Maria Phase 1
Task: Engineer's OPC for Subdivision Bond
Prepared By: CJB Date:8/2612013
Checked By: JCE Date:8/26/2013
LANDSCAPE AND LIGHTING
ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE
LL-1 STREET LIGHTING 15 EA $ 3,000.00 $ 45,000.00
LL-2 LANDSCAPING(CODE MINIMUM) 1 LS $ 60.000.00 $ 60,000.00
LL-3 SECONDARY IRRIGATION 1 LS $ 25,000.00 $ 25,000.00
LL-4 $ -
LL-5 $ -
LL-6 $ -
LL-7 _ $ -
LL-8 $
LL-9 $ -
LL-10 $ -
LL-11 $ -
LL-12 $ -
LL-13 $ -
LL-14 $
LL-15 $ .
LL-16 $
SUB-TOTAL LANDSCAPE AND LIGHTING= $ 130,000.00
1596 CONTINGENCY= $ 19,500.00
TOTAL LANDSCAPE AND LIGHTING= $ 149,500.00
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PERFORMANCE BOND No. 105870784
KNOW ALL PERSONS BY THESE PRESENTS: that CC Ave Maria, LLC whose address is
2600 Golden Gate Parkway, Naples Florida 34105 (hereinafter referred to as
"Owner", and Travelers Casualty & Surety Company of America , whose address is One Tower
Square, Hartford CT 06183 (hereinafter referred to as "Surety"), are held and firmly bound unto
Board of County Commissioners of Collier County, FL (hereinafter called "County"), in the
total aggregate sum of One million seven hundred seventy three thousand thirty six dollars and
35/100 ($1,773,036.35) 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 in the context
of 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 of a certain subdivision plat named Maple Ridge at Ave Maria Phase 1
and that certain subdivision shall includes 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 the 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 reasons of owner's failure to do so, and shall reimburse and repay the County all
outlay and expense for 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 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," whenever used in this Bond, and whether
referring to this Bond, or other documents, shall include any alteration, addition or modification of
any character whatsoever.
IN WITNESS WHEREOF, the parties have caused this document to be executed this 17th day
of September, 2013 .
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OWNER:
CC Ave Maria, LL
By:
Name &Title: David Genson, Vice President
Signed, sealed and delivered in the presence of:
WITNESS -e
A iadlui<2.1
7iinek .Print name: 2/1eL 1 /
STATE OF FLORIDA
COUNTY OF COLLIER
T e foregoing instrument was sworn to and acknowledged before me this 13 day of
, 20 1 , by eir'-AA-. vu� -i�-+rcSsr�- on behalf of
Stsv'N , who [STRIKE ONE] is personally known t me or
produced as identification.
k
(SEAL)
NOTARY PUBLIC „:41.41/4�
My Commission Expires:
Z168902 *
Travel r asual & u re Com an of America n ir0
irri
By: _.� .ALt AAA .4l.t�'�r
Print Name: Charity A. Strassel
Title: Attornev-In-Fact
Signed, sealed and delivered in the presence of:
WITNE :
Print name:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument w-. orn to and acknowledged before me this 17th day of September,
2013 b _ , on behalf of , who is
,erso '=Ihknown to - or pro • as identification.
Alr (SEAL) i 'k` s GEORGE T.LEMON
MY COMMISSION N DD 963859
NOTARY PU:
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 4/12/2016 16.A.23.
{�
,.ok POWER OF ATTORNEY
TRAVELERSS J 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
Attorney-In Fact No. "4190 Certificate No. 005542962
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. Hornbeck II, Kristin M.Neiert,Marc E.Williams,Stephen J.Benza, Betty L.Curry,and Charity A.Strassel
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 arid undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF.the Companies base caused this instrument to be signed and their corporate seals to be hereto affixed.this 2$Ch
day of June 2013
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
rso _•• ,. ,•�.. ,,.E
? a'4(Ai gars• ,v a PO�fµ..•MSUs �api. 3�9 `,J,�:r,no gs 4yp"utr �.exttYM�
�. �'i n ° , i ORin » i a o.."04-';m a capvO-''N._n1 I
u 1982 0 ' 1977 ''a z HARTFORD, <
as c E 1951 z ' �`••SeAL.!of awn e N
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State of Connecticut By:
City of Hartford ss. Robert I. R:nm t.',aniur Vi t f rewdent
28th , 2013
On this the a) of ,__-- ,before me personally appeared Robert L.Raney lit:cc;.nc,s led ed himself to
he the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Luderwriters,Inc..St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company Tragers Casual■ .and Surety(:'.'anpany.T aselers
Casualty and Surety Company of America,and United States Fidelity and Guaranty Company.and that he.as such,being authorized sty to d.i,executed the foregoing
instrument for the purposes;herein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof.I hereunto my hand and official seal.
trir#4_A W w
My Commission expires the-uth da} of June,2016. * p�81.��) *
c+MV �S
58440-8-12 Printed in U.S.A.
WARNING:THIS POWER 0 Packet Page -778-THOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 4/12/2016 1 6.A.23.
I-his Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Director,of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,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.which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman.the President,any Vice Chairman,any Executive Vice President.any Senior Vice President,any Vice President, any Second Vice
President.the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
(.'ompany's seal bonds,recogni/ances.contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman.the President.any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary:and it is
FURTHER RESOLVED,that any bond,recognizance.contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President.the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President.any Executive Vice President.any Senior Vice President.any Vice President.
any Assistant Vice President.any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney'or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall he valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I,Kevin E.I lughes.the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance
Inderwriters.Inc..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 do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF',I have hereunto set my hand and affixed the seals of said Companies this _ 1 day of p �\►✓_� ,20 )3.
tic-- .........
Kevin Ii Ilaehes,Assistant Sec tars
r A5`+t • „:„.„,.... .,..y 0....NSe, Y"q A Sv+MO
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i * Can IC! i£D ' 1 gi G.no YC-5* met rcanrf-,fi 2 L: - - 9. �4
1981 0 �j, .)_ Z+ d.WtFOWJ,
Y k .e 2ts r t 1951 S y / � tlS nGaro' 41 "° ca+tt 'o it nA
To serify the authenticity of this Power of Attorney,call I-8QO-42I-3880 or contact us at www.travelersbond-con.Please refer to the Attorney ln.Fact number,the
;Moue-named individuals and die details of the bond to which the power is attached.
WARNING:THIS POWER 0 Packet.Page 779-THOUT THE RED BORDER
4/12/2016 16.A.23.
PENINSULA --:
ENGINEERING -.1
August 12,2014
John Houldsworth
Senior Site Plan Reviewer
Collier County Growth Management Division
Land Development Services Department
2800 N Horseshoe Drive
Naples,FL.34104
Subject: Maple Ridge at Ave Maria Phase 1
Project Number:PL20130000863
Request for Bond Reduction for Bond No.105870784
Dear John,
Please accept this letter as our request to reduce the bond amount for the subject Project.
Site Construction Status
Maple Ridge Phase 1 was granted Utility Preliminary Acceptance by AMUC on March 27,2014. Collier County granted
Subdivision Preliminary Acceptance on March 21,2014.
The approved PPL for Maple Ridge at Ave Maria Phase 1 allows for required street trees and sidewalks to be installed by the
homebuilder on a lot-by-lot basis. Therefore the bond amounts for these items will be left in-place until that work is
completed.
Bond Reduction Amount
Original Total Bond Amount= $1,773,036.35
Current Completed Amount= $1,419,973.95
Requested Reduction Amount= $1,419,973.95
New Total Bond Amount= $ 353,062.41
Enclosed for your files are the following;
1. One(1)copy of the Maple Ridge Phase 1 Bond Reduction Calculation Worksheet
2. One(1)copy of the AMUC Utility Preliminary Acceptance letter for Maple Ridge Phase 1
3. One(1)copy of the Collier County Subdivision Preliminary Acceptance letter for Maple Ridge Phase 1
4. One(1)copy of the original Engineer's OPC for Bonding for Maple Ridge Phase 1
5. One(1)copy of Performance Bond No.105870784
We trust that this letter and the enclosed information is sufficient for you to approve the requested bond reduction and new
total bond amount.
26tk) Golden Gm: Parkway, Napiva, Florida 34ln5 Office '39.403.6700 FAX 239 261 1797
Packet Page -780-
4/12/2016 16.A.23.
Should you have any questions,or require any additional information,please do not hesitate to contact John English at 403-
6818,or by email at jenglish @barroncollier.com.
Thank you,
John C.English,PE
Peninsula Engineering
End.
Cc: David Genson,Barron Collier Companies (w/encl.)
Andy Miyares,CC Devco (w/encl.)
David Hurst,Peninsula Engineering (w/o end.)
Dave Dunnavant,Peninsula Engineering (w/o end.)
Packet Page-781-
4/12/2016 16.A.23.
RESOLUTION NO. 16-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN MAPLE
RIDGE AT AVE MARIA PHASE 1, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 54, PAGES 42 THROUGH 47; AND
RELEASE OF THE MAINTENANCE SECURITY
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
September 10, 2013, approved the plat of Maple Ridge at Ave Maria Phase 1 for
recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering and Environmental Services Division has inspected
the roadway and drainage improvements, and is recommending acceptance of said
facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Maple Ridge at Ave Maria
Phase 1, pursuant to the plat thereof recorded in Plat Book 54, pages 42 through 47, and
the Clerk is hereby authorized to release the maintenance security.
Packet Page -782-
4/12/2016 16.A.23.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Maple Ridge at Ave Maria Phase 1 will be maintained privately in
the future and will not be the responsibility of Collier County.
This Resolution adopted after motion, second and majority vote favoring same,
this day of , 2016.
DATE: BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
By:
,Deputy Clerk DONNA FIALA, CHAIRMAN
Approved as to form and legality:
Scott A. Stone 2I
Assistant County Attorney
Packet Page -783-