Loading...
Backup Documents 02/25/2020 Item #16A 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A A�., THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT v Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Op1cc al 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. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or intbrmation needed. lithe 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 Office0,40 4. BCC Office Board of County � (0 Commissioners J l •� 5. Minutes and Records Clerk of Court's Office ��/ 1 zr�(,__ f: 4. PRIMARY CONTACT INFORMATION � ` GUV 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 Melissa Nute Phone Number x-2361 Contact/ Department Agenda Date Item was 2/25/2020 Agenda Item Number 16A8 Approved by the BCC Type of Document Bond,Maintenance Agreement Number of Original 2 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? MN 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. MN 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 MN 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 MN 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 2/25/2020_and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. �V 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 # 6A8 � MEMORANDUM Date: April 20, 2020 To: Melissa Nute, Site Plans Reviewer Development Review From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: (Plat) Performance Bond 107224470 and Construction and Maintenance Agreement Silverwood @Ave Maria Phase 2 Attached for your records are copies of the documents referenced above, approved by the Board of County Commissioners (Item #16A8) on Tuesday, February 25, 2020. The original documents will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16A8 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 10th day of April, 2020 between CC AVE MARIA ESTATES, LLC, hereinafter referred to as "Developer", and 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: Silverwood at Ave Maria Phase 2. 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: Roadways, storm drainage and utility infrastructure. within 36 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$3,571,376.55 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 County, 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 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 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 designee to inspect the required improvements. The County Manager or 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. 16A8 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 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 designee. The County Manager or 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 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?yeloper have caused this Agreement to be executed by their duly authorized representatives this 10tt'h day of }pei I , 2020. SIGNED IN THE PRESENCE OF: (Name of Entity) CC Ave Maria Estates, LLC — Witness: ` - 06, ---`' ( bL-QI By: 4/11All 'A Printed Name: Brian Goguen, Vice Pr- . •-nt C_ €. ASo:1 W' ness: Printed Name/Title LL 9a- Y� k�) J tv (President, VP, or CEO) J (•'l•�(�Y,� (Provide Proper Evidence of Authority) Printed Name: ' . 1 SO- edl \ S ATTEST:.- M `IQ C_,- Y' hfr44- CRYSrtt$ L } ��zzpp���l y BOARD OF COUNTY COMMISSIONERS OF ignat lre:(MIA„, COLLIER COUNTY, FLORIDA By:_Deputy ClemBy:-Burt L. Saunders Chairman Approveel as to form and legality: -••--- -- Item# t kgendaal ..aco I Sally Ashkar Date Assistant County Attorney Date Recd �� EAS,,VOA n 16 A 8 PERFORMANCE BOND BOND NO. 107224470 KNOW ALL PERSONS BY THESE PRESENTS:that CC Ave Maria Estates, 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, 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 five hundred seventy-one thousand three hundred seventy-six Dollars and 55 Cents($3,571,376.55) 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 of a certain subdivision plat named Silverwood at Ave Maria 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 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 16A8 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. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 10th day of April , 2020. WITNESSES: CC AVE MARIA E TES, LLC i t By: r/ AQP Printed Name Brian Goguen,Vice Preside C vk r v e- `A0 1 1( / 7 `� � {C\ . (Provide Proper Evidence of Authority) IC J c Printed Natrie,1 ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OFYSICAL PRESENCE ORO ONLINE NOTARIZATION THIS DAY OF 10th /_April_, 2020, by Brian Goguen , Vice President of CC Ave Maria Estates, LLC WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public—State of Florida (SEAL) :2'(21Printe Name KIM D.DAV$DSCN •:ae`c`• Notary?ob is-State of F.cr,ca ` • Commission#GG'54782 ':.9 d" + <` My COMM.Expires Feb 19,2022 ., sanded Inm,gh Na!ienal Notary Assn 16A8 SURETY ACKNOWLEDGEMENT WITNESSES: Travelers Casualt an Surety om an of America Signed By: / Huntley A. Hornbeck II Printed Name Valk/ i-ioinbetY7 lute Printed Name ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF[PHYSICAL PRESENCE OR❑ ONLINE NOTARIZATION THIS DAY OF A p r i I 1 0 t h , 2020, by _Huntley A. Hornbeck II as Attorney in Fact of Travelers Casualty and Surety Company of America WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public—State of_Florida_ - L 0KRISTIN M.NEIERT r j ; ' 1 MY COMMISSION#GG 079764 I� EXPIRES.May 5,2021 / l' -.j,,q,, Bonded'Nu Notary Pubic Underwriters Kristin M. Neiert 16A8«. Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Huntley A.Hornbeck II of NAPLES Florida . their true and lawful Attorney-in-Fact 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 Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. Gem f. rW moan0i SALwj/r State of Connecticut .41 1 //- By: ¢ City of Hartford ss. Robert L.Rane , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. •IN WITNESS WHEREOF,I hereunto set my hand and official seal. J!',. '''t /I� //�G� • l.P tARv G My Commission expires the 30th day of June,2021 t* .+• f Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance 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 Attomeys-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 Company's seal bonds,recognizances,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 Attomeys-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 Attomey or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-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 be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 remains in full force and effect. Dated this 10th day of April , 20 ' . ,ons44(4., 40,0,„seA �rumtora1! wurwao. ' corr+ f carr. e— Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,p/ease ca//us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 8 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 he 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. **NEW**ROUTING SLIP 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 4. BCC Office Board of County '4)0Commissioners ,j.tibAi 12V 5. Minutes and Records Clerk of Court's Office 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 Melissa Nute—Development Review Phone Number X 2361 Contact/ Depar lment Agenda Date Item was 2/25/2020 Agenda Item Number 16A8 Approved by the BCC Type of Document Plat f-1c,A clocS or,itrtt Number of Original Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? MN 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. MN 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 MN 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 MN 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 2/25/2020 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 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 16A8 JOINDER AND CONSENT THIS JOINDER AND CONSENT is given this ' day of K , 20_ 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 Thirteenth 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 Thirteenth 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 ASSOCIATION Witness #1 SUSAN S. BEAUGRAND, as Senior Vice President Printed Name of Witness #1 Witness #2 Kathryn C.Batemon Printed Name of Witness #2 Page 7 of 8 16A8 STATE OF FLORIDA COUNTY OF DUVAL I HEREBY CERTIFY that the foregoing instrument was acknowledged before me by means of physical presence this!is day of P. '=. , 20-i , by SUSAN S. BEAUGRAND, as Senior Vice President of Wells Fargo Bank,National Association,on behalf of said bank,who is personally known to me:(Yes)(No)or who produced as identification. Notary Public-State of Florida ('Votary Seal) Kathryn C.Bateman Typed, stamped, or Printed Name of Notary My Commission Expires. ° KATHRYN C.BATEMAN 4 ': Notary Public-State of Florida e" Commission I GG 271992 or My Comm.Expires Feb 20,2023 r Bonded through National Notary Assn. Page 8 of 8 Prepared By and Return To: Cheryl L.Hastings,Esq. 16 A 8 4 GRANT FRIDKIN PEARSON,P.A. 5551 Ridgewood Drive,Suite 501 Naples,Florida 34108 (space above line for official use only) THIRTEENTH 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 857, 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; as amended by that certain Seventh Amendment and Supplement to the Declaration of Covenants,Restrictions, and Easements for Maple Ridge at Ave Maria,recorded at Official Records Book 5251, Pages 786 through 791; as amended by that certain Eighth Amendment and Supplement to the Declaration of Covenants, Restrictions, and Easements for Maple Ridge at Ave Maria, recorded at Official Records Book 5290, Pages 2618 through 2623; as amended by that certain Ninth Amendment and Supplement to the Declaration of Covenants,Restrictions,and Easements for Maple Ridge at Ave Maria, recorded at Official Records Book 5502, Pages 1948 through 1954; as amended by that certain Tenth Amendment and Supplement to the Declaration of Covenants, Restrictions, and Easements for Maple Ridge at Ave Maria, recorded at Official Records Book 5521, Pages 1544 through 1550, and those certain Eleventh Amendment and Supplement to the Declaration of Covenants, Restrictions, and Easements for Maple Ridge at Ave Maria, recorded at Official Records Book 5536, Pages 3036 through 3042 and Twelfth Amendment and Supplement to the Declaration of Covenants, Restrictions, and Easements for Maple Ridge at Ave Maria,recorded at Official Records Book 5695,Pages 962 through 969; all 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 Silverwood at Ave Maria (Phase 2) 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. Page 1 of 8 l6A84 2. Pursuant to the provisions of Article 18, Section 18.1, the definition of"Plat" in Section 1.1(bb) is hereby revised as follows to include the Additional Property (deleted terms are shown as strikethreugh and added terms are underlined): "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 Maria, Phase 4 plat recorded in Plat Book 60,Pages 85 through 90;the Maple Ridge at Ave Maria,Phase 5A plat recorded in Plat Book 64, Pages 12 through 19; the Maple Ridge at Ave Maria, Phase 5B plat recorded in Plat Book 64, Pages 42 through 48; the Maple Ridge Amenity Center at Ave Maria plat recorded in Plat Book 63, Pages 7 through 8; the Maple Ridge Phase 6A plat recorded in Plat Book 66, Pages 56 through 57, the Maple Ridge Phase 6B plat recorded in Plat Book 66, Pages 75 through 80; the Coquina at Maple Ridge Phase 1 plat recorded in Plat Book 57, Pages 55 through 57; the Coquina at Maple Ridge Phase 2 and Phase 3 plat recorded in Plat Book 61, Pages 31 through 35; 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;the Silverwood at Ave Maria (Phase 1) plat recorded in Plat Book 63, Pages 95 through 102; the Silverwood at Ave Maria (Phase 2) plat recorded in Plat Book , Pages through ; and the Hampton Village Phase 1 Replat recorded in Plat Book 53, Pages 82 and 83; of the Public Records of the County. 3. Exhibit A to the Declaration is hereby replaced in its entirety with the attached Exhibit A. 4. Those terms not defined herein shall have the same meaning as defined in the Declaration. Except as specifically amended hereby, the Declaration as heretofore filed and recorded shall remain in full force and effect. IN WITNESS WHEREOF, CC AVE MARIA, LLC, has caused this Amendment to be executed this I V" day of Mak-L1. ,20>,L. Signed, Sealed and Delivered in the Presence of: CC AVE MARIA,LLC, a Florida limited i U( Aar liability company Witness #1 101-A 1-A 0 (C EKs Printed Name Witness #1 Witness #2ft F1It12 cA5� ,jp 'l Brian Goguen, as Vice ' dent 1 Printed Name Witness #2 Page 2 of 8 168 STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that the foregoing instrument was acknowledged before me by means of physical presence this f 1, day of I 1 l :, t- , 20 i' , 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. 7 /11/.. f J • `1 (SEAL) Notary Public \ciPµv r s K•M D.DAV DS3N C'\.r Nc:a.ry Pdb':c-Sate c`F.c'ca ' ' • Comm sslor#GO 154782 .'1 `cu;' My Comm.Expires Feb 19,2022 Bol ae'through Nationa'Nctarr Assn. Page 3 of 8 16A8 EXHIBIT A ALL OF THE REAL PROPERTY DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE AT AVE MARIA PHASE 1 RECORDED IN PLAT BOOK 54,PAGES 42 THROUGH 47. 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 60,PAGES 85 THROUGH 90,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 5A RECORDED IN PLAT BOOK 64, PAGES 12 THROUGH 19, 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 5B RECORDED IN PLAT BOOK 64, PAGES 42 THROUGH 48, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND ALL OF THOSE LANDS DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE AMENITY CENTER AT AVE MARIA RECORDED IN PLAT BOOK 63, PAGES 7 THROUGH 8; OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND ALL OF THOSE LANDS DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE PHASE 6A RECORDED IN PLAT BOOK 66, PAGES 56 THROUGH 57; OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND Page 4 of 8 16A8 ALL OF THOSE LANDS DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE PHASE 6B RECORDED IN PLAT BOOK 66, PAGES 75 THROUGH 80; OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND ALL OF THOSE LANDS DESCRIBED AS COQUINA AT MAPLE RIDGE PHASE 1, PER PLAT BOOK 57, PAGES 55 THROUGH 57, OF THE PUBLIC RECORDS OF 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. AND ALL OF THOSE LANDS DESCRIBED AS COQUINA AT MAPLE RIDGE PHASE 2 AND PHASE 3, PER PLAT BOOK 61, PAGES 31 THROUGH 35, OF THE PUBLIC RECORDS OF COLLIER COUNTY. AND 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 Page 5 of 8 16A8 ALL OF THOSE LANDS DESCRIBED IN THAT CERTAIN PLAT OF SILVERWOOD AT AVE MARIA (PHASE 1) RECORDED IN PLAT BOOK 63, PAGES 95 THROUGH 102, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND ALL OF THOSE LANDS DESCRIBED IN THAT CERTAIN PLAT OF SILVERWOOD AT AVE MARIA (PHASE 2) RECORDED IN PLAT BOOK , PAGES THROUGH , OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND ALL OF THOSE LANDS DESCRIBED IN THAT CERTAIN PLAT OF HAMPTON VILLAGE PHASE 1 REPLAT RECORDED IN PLAT BOOK 53, PAGES 82 AND 83; OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Page 6 of 8