Agenda 03/24/2020 Item #16A 4 (Resolution - Final Plat Anthem Parkway Phase Two)03/24/2020
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Anthem Parkway Phase Two, Application Number
PL20160001096, and authorize the release of the maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the
infrastructure improvements associated with the subdivision, and release the maintenance security.
CONSIDERATIONS:
1) On October 24, 2018, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Anthem Parkway Phase Two.
2) The roadway and drainage improvements will be maintained by CC Ave Maria, LLC and Ave
Maria Utility Company.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on February 14,
2020, 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 of the Land Development Code. A
copy of the document is attached.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by CC Ave Maria,
LLC and Ave Maria Utility Company. The existing security in the amount of $394,414.95 will be
released upon Board approval and it is based on the work performed and completed pursuant to the terms
of the Construction and Maintenance Agreement dated March 6, 2018.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - SAA
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
Anthem Parkway Phase Two, Application Number PL20160001096, 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: Lucia S. Martin, Associate Project Manager, Development Review
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.4
Packet Pg. 62
03/24/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4
Doc ID: 11727
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of Anthem Parkway Phase Two, Application
Number PL20160001096, and authorize the release of the maintenance security.
Meeting Date: 03/24/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
02/18/2020 4:04 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
02/18/2020 4:04 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/18/2020 4:37 PM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 02/19/2020 6:03 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 02/19/2020 8:16 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 02/20/2020 4:07 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 02/21/2020 8:26 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/21/2020 1:58 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 02/21/2020 4:27 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/21/2020 4:51 PM
Growth Management Department James C French Deputy Department Head Review Completed 02/21/2020 6:49 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 03/02/2020 4:22 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/02/2020 4:33 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/03/2020 7:57 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/09/2020 4:42 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/14/2020 2:37 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/24/2020 9:00 AM
16.A.4
Packet Pg. 63
ANTHEM PARKWAY PHASE TWO
LOCATION MAP
16.A.4.a
Packet Pg. 64 Attachment: Location Map (11727 : Final Acceptance - Anthem Parkway Phase Two)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND
entered into this Q-l lr MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
day of lMatch I ,20 ia between
ccAveMaria LLc hereinafter referred tO aS,'Develo per," and lhe Board of County Commissioners of Collier
County, Florida, hereinafter referred to as the "Board
RECITALS
Developer has, si
Board of certain p
multaneously with the delivery of this Agreement, applied for the approval by the
lat of a subdivision to be known aS. Anthem Parkway Phase Two
B. Chapter 4 and l0 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 t
within 3
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 $ 394,414.95 - which amount represents 10olo 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. ln 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.
o be constructed: Roadway, Drainage, waler & sewer improvements
months from the date of approval said subdivision plat, said improvements
16.A.4.b
Packet Pg. 65 Attachment: Bond Basis (11727 : Final Acceptance - Anthem Parkway Phase Two)
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. ln 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 constructedor 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.
lN WITNESS WHEREOF, the Board and
their duly authorized representatives this
loper have caused this Agreement to be executed by
day of March / / ,2013-
the Deve+^
(Nameof Entity)CC AVe Maria, LLC
-.-.' \ <--' l\.--..-2e^-V>- -:.fr-.-\--'By
Printed Name sA P- tNr\ E. hlazo,l Brian Goguen, V PresidenUManaging Member
C.^^-^s- 6; Su T Printed Name/Title w
(President, VP, or CEO)
CAm,t AsBtL.u-
Printed Name
ATTEST:
'1"4.'."1""I 'ru-.^^L BOARO c RS
oFc LI F
u Clerk -:,,-^1',-^ ^nh,
By
c
nU-4'-
ANDY SOLIS. CHAIRMAN
Approv/ld "" to ttiiJ#iiii rliTiity,
U-
Scott A. Stone, Assistant County Attorney
SIGNED IN THE PRESENCE OF:
''fA*/--b^
-
(Provide Proper Evidence of Authority)
16.A.4.b
Packet Pg. 66 Attachment: Bond Basis (11727 : Final Acceptance - Anthem Parkway Phase Two)
PERFORMANCE BOND
No. 106819613
KNOW ALL PERSONS BY THESE PRESENTS: that
CC Ave Maria, LLC
2020 Salzedo Street, Suite 200
Coral Gables, Florida 33134
(hereinafter referred to as "Owner") and
Travelers Casualty and Surety Company of America
One Tower Square, 38
Hartford, CT 06813
(800\87 3-1477
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggreg ate sum of Three hundred ninetv-four thousand four hundred
fourteen dollars and ninetv-five cents ($394.414.95) in la\e,ful money of the United States, for the payment
of which sum well and kuly 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 subd,vision p lat named Anthem Parkwav Phase 2 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 obligataons 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.
16.A.4.b
Packet Pg. 67 Attachment: Bond Basis (11727 : Final Acceptance - Anthem Parkway Phase Two)
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 6th day of March, 2018.
WITNESSES:CC Ave ria, LLC
By:
printed Name S^ D I N/+ E . b)rl aO E R.ArrJ 6oloG-uuu/;,----9 Printed Name/Title
Printed Name C. Aof,''e Asele..(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF COLLIER
THE FoREGotNG
'ERF.RMANCE
B.ND wAS A.KN.*LEDGED BEF.RE ME THrs tnbo" o,
March, 2018, BY Brian Goquen the Vice President OF CC Ave Maria. LLC WHO tS PERSONALLY
KNOWN TO ME o R HAS PRODUCED AS IDENTIFICATION
Nota Public - State of Florida
?-(sEAL)
Printed Name i1 v,. -i> -b...-,
ES T
By
Casualty an urety Company of America
Name; Robin G il
/s.r.-
WITN Bs
U Cha rity A. Moser, Attorney-l n-Fact
(Provide Proper Evidence of Authority)
Printed Name: Shanna Olsovsky
ACKNOWLEDGMENT
STATE OF_Florida
COUNTY OF Collier
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 6th DAY oF
March,2018, BY Charity A. Moser AS Attorney-ln-Fact OF
America WHO lS PERSONALLY KNOWN TO ME,
IDENTIFICATION
P ic - State of Fl
_Travelers Casualty and Surety Company of
OR HAS PRODUCED AS
ffi KIM O. DAVIDSON
I'htary Publrc - Slale of Flotida
Conmiseon f GG 154782
My Comm. Expires Feb 19, 2022
8$ded [m4h Nalonal lilolay Assn
MY COMMISSION # GG 079764
EXPIRES: May 5,2021
Bood€d lltru llolaty Ptl*; Underuitars
KRISTIN M.
Printed Name
<1--
16.A.4.b
Packet Pg. 68 Attachment: Bond Basis (11727 : Final Acceptance - Anthem Parkway Phase Two)
ATTORNEY IS INVALID WITHOUT THE
TRAVELERS
POWER OFATTORNEY
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 Companl,
Travelers Casualty and Surety Company of America
United States Fidelity and Guarantv Company
Attorney-In Fact No.229466 certincate..".00 7 0 0 3 3 5 I
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company. St. Paul Firc and Marine lnsurance Cornpany. Sr. Paul Cuar.dial lnsurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty an<l Surery Coml;any of America. and Unitc<i Statcs
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut. that Fidelity apd Cuaranty Insurance Company. is a
laws of the State of Wisconsin (herein collectively called the "Companies".). and that the Companies do hcrebl, make. constitutc and appoint
Huntley A. Hornbeck II. Kristin M. Neiert. Marc E. Williams. Stephen J. Benza. Charity A. Moser. and Dawn Y. Cotecchio
of the City of Naples . State of Florida
-
. their rr.uc and lau,ful Att.'rey(s)-rn-Ijac.t.eachitrtheirseparate"opu.i.yffi;;i;.;-*-*..".lnna*.*,,n*l".tg",,,y""r,r[.,.r,.reco-unizance:.conditi<lnalun<lertakingsand
contracts and executing or -uuaranteeing bonds and undertakings rc<;uired or permi(ed in any actions or procec<lings allorved b1, lau.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signccl and their corporare scals ro be hcrcto affixecl. this
day of October _,2016
5rh
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwritcrs, tnc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul N{ercury Insurance Conrpanl'
Travelers Casualty and Surety Oompany
Ttavelcrs Casualty and Surety Companv of America
I- nited States Fidelitl and ()uarantl Company
//
State of Connecticut
City of Hartford ss.
By
Rohcrt L. Rarrel'. Scnior Prcsiclent
on this the 5th day of October 2016 . before mc personally appeared Robcr-t L. Raney. who acknowledged himself to
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Compan1,. Travelers Casualty and Surcty Company. Travelers
Casualty and Surety Company ofAmerica, and United States Fidelity and Guaranty Company. and that he. as such. being authorized so to do. cxecutcd the foregoing
instrument for the purposes thcrein contained by signing on behalfofthe corporations by himsellas a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal
My Commission expires the 30th day of June, 2021.
c ffinr&*
Marie C.'letreault. NotaD Public
rfffpoPrIo
195'
58440-5-16 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY lS INVALID WITHOUT THE RED BORDER
.t .. @ffi ffi
16.A.4.b
Packet Pg. 69 Attachment: Bond Basis (11727 : Final Acceptance - Anthem Parkway Phase Two)
OF ATTORNEY IS THE RED BORDER
and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul F'ire and Marinc Insurance Cornpany. St. Paul Guarlial Insurancc
Company. St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Comltany o1'Arncrica, and United States
Fidclity and Cuaranty Company. which resolutions are now in full forcc and effect. reading as follows:
RESOLVED. that the Chairman. the President. any Vice Chairman, any Executive Vice President. any Senior Vice President. any Vice Presiclent. any., Second Vice
President' thc Treasurcr. any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary may appoint Attonreys-in-Facr and A_eents to act for and on behalf
of the Company and may give such appointee such authority as his or her ccrtificate of aurhority may prescribe ro sigp u,ith the C'ompiiny's uamc an4 seal uith thc
of said officers or the Board of Directors at any time mav remove any such appointee and rcvoke the power given him or hcr: and it is
FURTHER RESOLVED. that the Chairman. the President. any Vice Chairman. any Executive Vice Presitlent. arry Senior Vicc presiclcnt or any Vicc presidcnt mry
delegate all or any part of the foregoing authority to one or more officers or empklyees of this Company. provicied that each such delegation is in rvriring .lnd a cop),
thercof is filed in the officc of the Secrcrarv: and it is
FURTHER RESOLVED. that any bond. rec<lgnizance. contract of indemnity. or writing obligatory in the nature of a borrd. recognizancc. or conclitiorral uldcrtaki,g
shall be valid and binding upon the Company when (a) signed b1'the President. any Vice Chairman. any Execulivc Vice Prcsidcnt. anv Seniol Vicc presidcnt or anv Vice
the Company in the tuture with respect to any bclnd or undelstanding to rvhich it is attached.
is a true and correct cop)'olthe Power ofAttorney executcd by said Companies. which is in full firrce and effect and hls n6r been rr:qrkcd
i+hIN TESTIN{ONY WHEREOF. I hare hereunto set my hand and affixed the seals of sai<J Companies rhi\ Ll) dav of h ,rlb
{dr-"
Kcrin E. Hughes. As\istant
abovc-nanred individuals and the details of the boncl to which the power is attached.
@ffiffiffi $@ffiffi
16.A.4.b
Packet Pg. 70 Attachment: Bond Basis (11727 : Final Acceptance - Anthem Parkway Phase Two)
Project:
Task:
Prepared By:
Checked By:
Anthem Parkway - Phase 2
Bond Calculation Worksheet
DCH
Puroose:
Calculate the remaining amount of construction/maintenance bond needed to record the Anthem parkway - phase 2 plat.
Given;
1) A portion of construction has been completed, and only the remaining improvements are to be included in the provided
construction/maintenance bond.
2) Water, Sewer and Effluent costs are not required to be bonded, as they are directly funded by AMUC, and are therefore
not included in the bond calculation-
Calculations:
PENINSUUI,
rr.tC tNEtrRj Nc\-l Date:
Date:
2122120t8
Original OPC Summary
Engineer's OPC Amount - 100% Construction Amount:
Engineer's OPC Amount - 10%Maintenance Amount:
s
s
938,342.95
93,834.30
(Not including Water/Sewer/Effluent)
(Not including Water/Sewer/Effluent)
Bond Amount per Original OPC
100% Construction Bond - Remaining lmprovements
s 1.,O32,L77.25
Phase 2 Construction ltem
Earthwork
Paving
Drainage
lrrigation
Miscellaneous
OPC Amount Co Amount Needed Bond
125,887.65 *
90,688.50 *is
s
S
s
)
)
)
)
274,488.45
333,862.50
65,751,00
84,835.50
178,395.s0
148,500.80 s
243,t74.O0 s
56,751.00 s
78,226.50 s
101,000.00 s
6,609.00 **r
77,395.50 ***f
Tota ls s 938,342.95 s
93,834.30
300,580.65
93,834.30
537,762.30 s 300,580.5s
Daniel C.
Hartley,
P.E.73943
State of
Florida
Digil.lly igned by Dani€l C.
Hanley, P.€.73943 St.te ofFlorid.
ON: (n=Daniel C. Hadey, P.E
7394! State ofFlorida o=Printed
aopa€r ofth. document ar€ fiot
.oniadered sgned and realed end
all SHA-l auth.nti<.!on <od!
huslb€ verm€d on anyelectroni(
(opiet., ou=The item har been
electrmi.ally rigned.nd eealed
uring a SHA-l .uthentlcation
code.,
email=dhadey@baiioncollaer.(o
D.t.2018.03.09 I 0:41:57 ,05'00'
*Note: sodding of open spoce oreos is not complete, ond has been left in the remoining construction bond.
**Note: 2nd lift ospholt, multi-use poth, signoge/striping ore not complete ond hove been teft in the remoining construction bond.***Note: volve boxes are not completed, ond hove been left in the remaining construction bond.
++'rNote: londscoping/irrigotion ore not completed, ond have been left in the remaining construction bond.
10% Maintenance Bond - Total lmprovements
L0% Maintenance Bond Amount s
Total Bond Summary
100% Construction Bond Amount
10% Maintenance Bond Amount
5
s
Remaining Total Bond Amount s 394,414.95
Daniel C. Hartley, P.E.
FL Registration #73943
Peninsula Engineering
Certifi cate of Authorization #28275
16.A.4.b
Packet Pg. 71 Attachment: Bond Basis (11727 : Final Acceptance - Anthem Parkway Phase Two)
Daniel Hartley
From:
Sent:
To:
Cc:
Subiect:
.,ason Vogel
Friday, February 23, 2018 9:42 AM
Daniel Hartley
David Genson
RE: Anthem Parkway Phase 2 re: Water/Sewer/Effluent Funding
Greetings, Dan. Confirmed as stated below. Please let me know if you require anything additional to proceed
Thanks,
Jason
Ave Maria
From: Daniel Hartley
Sent: Friday, February 23,2018 9:19 AM
To: Jason Vogel <jvogel@AMUC.Com>
Cc: David Genson <0Genson@ ba rronco llier.com>
Subject: Anthem Parkway Phase 2 re: Water/Sewer/Eff luent Funding
Hi Jason, to satisfy Collier County's requirements during the plat recording of Anthem Phase 2, please accept this email
as a request for confirmation that AMUC directly funds the water/sewer/effluent utility construction on Anthem
Parkway, and therefore a bond for said utilities is not required.
lf you can please advise, we will include a copy of this email with our plat recording submittal.
Thanks Jason,
Dan
PENINSU LA ENGINEERING
Daniel C. Hartley, P.E.
2600 Golden Gate Parkway
Naples, Florida 34105
Office: 239.403.6713
Cell: 239.250.9408
1
dha rtlev@ barroncollier.com
t !alirr { on!t,,dr
Jason D. Vogel
5076 Annunciation ClR, STE 102
Ave Maria, FL 34142
(239) 348-0248
JVosel@amuc.com
16.A.4.b
Packet Pg. 72 Attachment: Bond Basis (11727 : Final Acceptance - Anthem Parkway Phase Two)
WRITTEN CONSENT
or
THE BOARD OF DIRECTORS
OF
CC A}'tr MARIA, LLC
DATED AS OF FEBRUARY.:-, 2OI4
The undersigned, Board of Dircclors flhc "Boag!') ofCC AVE MARIA, LLC, a Florida
limited liability company (thc 'egt!p!ry"), hcrcby consents to thc adoption of the follorving
resolutions:
Election of Officcrs
RESOLVED, that cffcctivc os ofthis date that &e Iollowing pcrsons be
eiected to the oflices of thc Company sct forth oppositc thcir namcs bclorv to
scrve in such capacities until their rcspcctivc successors shall have been duly
clcctcd and shall havc qualified:
Jomcs M. Carr
K. Lorvrcncc Cragg
Andrrs Miyarcs
Hgrold t,. Eisenachcr
Brian Gogucn
Blakc Gsble
Diras lbsrris
Prcsidcnt and Assistant Secrctrry
Vice Prcsidcnt, Assisltnt Secretsr! rnd
Assirtlnt Trclsurcr
Vicc Prcsidcnl
Vicc Fresident und Trcasurcr
Vicc Prcsidcnt
Vicc Prcsidcrt
Vicc Prcsidcnt
Sule of Home-s at [VIanlc llidec
WHEREAS, thc Company is the owner and dcvcloper of cenain single
family residential homcs (lhe "Homes") located in a project known as "lr4aplc'
Ridge at Ave Maria" in Collier Countl', Florida;
WHEREAS, the Board deems it to be in thc best inlerest of lhe
Company to scl: from timc to timc (cach, a "SqE') thc homcs pursuanl lo a
Mople fudge al Ave Maris Purchase Contrdct (thc "Aqrcement") by and
bctwcen the Company, as scller, and each of the buycts party thercto (thc
"Purchascr").
NO!Y, TI{EREFORII, BI] 11'
RISOLVED, Lhat thc Prcsident or any Vice Prcsident of the ComPany (lhe
"Authorizcd Reoresenlalivc") bc, and hereby is, Bulhorized and emporvcred to
cxccutc and dclivcr, on bchalf ol the Company, any and all documenls rcquired in
16.A.4.b
Packet Pg. 73 Attachment: Bond Basis (11727 : Final Acceptance - Anthem Parkway Phase Two)
connection rvith each Salc, including, withour limitation (a) Maplc Ridgc at Avc
Maria I'urchase Contract, (b) a Spccial Warranty Deed in favor of the Purchascr, (c)
an On'ner's Aflldavit, (d) a FIRPTA Afl'idavir, (c) Termination ol' l.{oricc of
Commencement, (t) a Closing Stalemenl, and (g) such other documenls as ma.v be
ncccssary to eflbct such Sale (collectively, the "Sale Documents"); and be it
RESOLVED, thal cach Authorized Represcntative, acting alone, be, and
hereby is, autlrorizcd and directed to enter into, exccute, and deliver the Sale
Documents on behalf of thc Company, with such additions, deletions, or changcs
thcrein as such Authorized Reprcscntative exccuting the Sale Documcnts shall
approvc, such approval to be conclusivcly cvidenccd by the execution thcreol, as
well as to do and perform, or cause to be donc and prfbrmcd, all such other acls,
deeds and things, ond lo makc, execute and deliver, or causs to be made, execuled
and delivered, all such olhcr agreemcnts, undertakings, documcnts, instruments or
ccrtificales, for the Company or the Company as the case mBy be, ns the
Authorized Representativc may decm necessary or appropriate to effcctustc or
carry oul fully thc purpose and intcnt of the foregoing resolutions and to bc in the
best intcrest of &e Company or thc Company (as conclusively evidenccd by thc
taking of such action or lhc cxccution and delivery of such agrccmcnts,
undeflakings, documents, instruments or certihcates, as the case may be, by or
under the dircction of any authorized agent), and that all acts, deeds and things
herelofore done or pcrformed b.v the ogents of the Company in connection rvith
each Sale be, and hercby arc. approved, ralilied and conl'irmcd in all respects and
shall constitute the acts and obligations of thc Company, incspoctive of whethcr
such acts or documents were pcrformed belore or subsequcnt to the date of thc
adoption thereof; and be it further
RESOLVID. that this Conscnt may be executed in any nurnbcr ol
counterparts and by thc scparate partics hcrcto in scparate counterparts, ench of
rvhich shall be dccmcd to bc onc and the sune instrumcnt; and be it further
RESOLVED, that this Consent shall continuc in full force and cffect and
may be relied upon by eaeh Purchaser and its title insurance under*riter until
rcccipt of a written notice of any change herein.
[Signaturcs on follorving pagel
lll grl ldt:rr r I {!Ii,
16.A.4.b
Packet Pg. 74 Attachment: Bond Basis (11727 : Final Acceptance - Anthem Parkway Phase Two)
\\Trttcr].
l//-
The undersigned havc hcreby cxccuted lhis Consent as ofthe date first abovc
BOARD O[' DIRECTORS:
Rlake Gablc
Bri
Jarn
cc Gragg
Cioguen
16.A.4.b
Packet Pg. 75 Attachment: Bond Basis (11727 : Final Acceptance - Anthem Parkway Phase Two)
16.A.4.c
Packet Pg. 76 Attachment: Resolution (11727 : Final Acceptance - Anthem Parkway Phase Two)
16.A.4.c
Packet Pg. 77 Attachment: Resolution (11727 : Final Acceptance - Anthem Parkway Phase Two)
16.A.4.d
Packet Pg. 78 Attachment: Plat Map (11727 : Final Acceptance - Anthem Parkway Phase Two)
16.A.4.d
Packet Pg. 79 Attachment: Plat Map (11727 : Final Acceptance - Anthem Parkway Phase Two)