Agenda 03/22/2022 Item #16A4 (Release Performance Bond Silverwood at Ave Maria Phase 2 PL20190002561)03/22/2022
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$71,520 which was posted as a guaranty for Excavation Permit Number PL20190002561 for work
associated with Silverwood at Ave Maria Phase 2.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively
as guaranties for developer commitments in accordance with Section 22-115 of the Collier County Code
of Ordinances. The work associated with this security has been inspected and the developer has fulfilled
his commitments with respect to this security. The Performance Bond was posted as security for an
Excavation Permit associated with Silverwood at Ave Maria Phase 2. The As-Built lake cross sections
have been received and the lakes have been inspected on February 02, 2022 by the Development Review
Division.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - DDP
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the
amount of $71,520. Development Review staff will issue a Memorandum to the Clerk of Courts upon
approval of this item by the Board of County Commissioners, advising the Clerk of this action.
Prepared by: Lucia S. Martin, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.4
Packet Pg. 370
03/22/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4
Doc ID: 21269
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $71,520 which was posted as a guaranty for Excavation Permit Number PL20190002561
for work associated with Silverwood at Ave Maria Phase 2.
Meeting Date: 03/22/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
02/07/2022 1:19 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
02/07/2022 1:19 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 02/07/2022 1:34 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/07/2022 4:17 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/09/2022 9:36 AM
Growth Management Department Diane Lynch Growth Management Department Completed 02/16/2022 2:35 PM
Growth Management Department Jaime Cook Additional Reviewer Completed 02/28/2022 11:38 AM
Growth Management Department Trinity Scott Transportation Skipped 02/07/2022 4:30 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 02/28/2022 2:39 PM
Growth Management Department James C French Growth Management Completed 03/02/2022 4:44 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/02/2022 4:46 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/03/2022 8:55 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/13/2022 9:02 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 03/14/2022 12:11 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/22/2022 9:00 AM
16.A.4
Packet Pg. 371
SILVERWOOD AVE MARIA PHASE 2
LOCATION MAP
16.A.4.a
Packet Pg. 372 Attachment: Location Map (21269 : Excavation Bond Release - Silverwood at Ave Maria Phase 2)
EXCAVATION PERFORMANCE AGREEMENT
-41,XCAVATION PERFORMANCE AGREEMENT entered into this ) day of
, 2Ot3_ between CC Ave Maria Estates, LLC hereinafter referred to as
THIS EflAlt"[r*.
"Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as the "Board".
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et a/. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.1 0 (collectively, the "Excavation
Regulations"); and
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No. PL 20190002561 (the
"Excavation Permit").
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:
Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $
71.520.00.
ln the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
The Excavation Work shall not be considered complete until Developer notifies
the County that the Excavation Work is complete and the final Excavation Work
is reviewed and approved by the County Manager or designee for compliance
with the Excavation Regulations.
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, either:
a) notify Developer in writing of his approval of the Excavation Work; or b) notify
the Developer in writing of his refusal to approve the Excavation Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation Work.
ln the event 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 excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation Work. 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,
1
2
3
4
6
16.A.4.b
Packet Pg. 373 Attachment: Bond Basis (21269 : Excavation Bond Release - Silverwood at Ave Maria Phase 2)
7
the Excavation Work. The Developer, as principal under the excavation
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 Developer to fulfill all of the provisions of this
Agreement.
All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
lN WTNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this;!a day of hC0.mbe- , 20'19.
SIGNED IN THE PRESENCE OF:
CC Ave Maria Estates, LLC
Sign
Pri
-h,^7\
Brian Goguen, Vice P
(President, !!, or CE
By
nt
o)
Provide Proper Evidence of Authority - See
Attached
BOARD OF COUNTY COMMISSIONERS
OF COL COTJNTY LORIDA
Bv
as designee ofthe County Manager
pursuant to Resolution No. 20 I 5- 162
t"d |tlrr"( ^Dh"ilg>-l
stony|11!,yl
M^Jor",^. 2,.r.0
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By:
Clerk ofthe Circuit Court & Comptroller
Collier County, Florida
App as to form and legality:
Sally A. Ashkar
Assistant County Attorney
16.A.4.b
Packet Pg. 374 Attachment: Bond Basis (21269 : Excavation Bond Release - Silverwood at Ave Maria Phase 2)
EXHIBIT "A'
PERFORMANCE BOND
FOR EXCAVATION WORK
No 107107430
For Silverwood at Ave Maria Phase 2
KNOW ALL PERSONS BY THESE PRESENTS: IhAt
CC Ave Maria Estates, LLC
2020 Salzedo Street, Suite 200
Coral Gables, Florida 33'134
(hereinafter referred to as "Owner") and
Travelers Casualty and Surety Company of America
One Tower Square, 38
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 Seventy-one thousand five hundred and twenty 00/100
Dollars ($7'1.520.00) in lawful money of the United States, for the payment of which sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain Excavation Permit PL# 20190002561 and that certain excavation permit
shall include specilic improvements which are required by Collier County Ordinances and Resolutions
(hereinafler "Land Development Regulations"). This obligation of the Surety shall commence on the date
this Bond is executed and shall continue until the date of completion of the work and approval by the County
of the specillc improvemenls described in the Land Development Regulations (hereinafter the "Guaranty
Period") or until replaced by a new bond in the event of a change of Ownership.
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 Owne/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.
PROVIOEO, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no
change, extension of time, alteration, addition or delelion 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.
[1s-LDs-01664/11s3600/11
16.A.4.b
Packet Pg. 375 Attachment: Bond Basis (21269 : Excavation Bond Release - Silverwood at Ave Maria Phase 2)
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this -pffi Srl' day of _.e€bbEi_2019.
^Naft,bL<WITNESSES:
h,t-CC Ave Maria Estates, LLC
A Florida a limited liabili ty company
By:
Brian Goguen, [,;1 [c,;
Print Name/Title
(SEAL)
Travelers Casualty and Surety Company of America
aorily
erinted Name (i * D .Drribo.
il,//L U,^-
Printed Name
Nota Public -te of ida
Printed Name
WITNESSES
P rinted
M^r.,.,^. ?.,.*.
THE FOREGOINou 20
NG PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 5 DAY OF
19, BY Brian Goguen, Vice President, WHO lS PERSONALLY KNOWN TO IVIE, OR HAS
e
e
Vctw<.?nsorl By:Llr?l
Dawn Colecchio, Attorney in Fact
(Provide Proper Evidence of Authority)
Printed Knen HedDoz''t'
AC KNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS -3oth- DAY
OF
-OCTOBER -,2019-,
BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO IS PERS LY KNOWN TO ME
ty ublic - State of FL
,i4k'ffi
fl,s rotEl
Csulission , 0G 215373
Erpares 8y& 2022
80.'d.d ltru TD, F& hsr$c. UrGriGT0tS
KRISIIN M, NEIERI^- ^ .
r,rY courtussron r cc 68ffi'
EXPIRES: May 5, 202t
Sond€d lll,U fhlry Publc Undcnditers
RIDA
, OR HAS PRODUCED AS IDENTIFICATION
-l
STATE OF FLORIDA
COUNTY OF COLLIER
ACKNOWLEDGEMENT
PRODUCED AS IDENTIFICATION.
Printed Name: Kristin Neiert
[1s LDS-01664/11s3600/1]
L n
16.A.4.b
Packet Pg. 376 Attachment: Bond Basis (21269 : Excavation Bond Release - Silverwood at Ave Maria Phase 2)
,-.
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and Sl.
Paul Fire and Marine lnsurance Company are corporations duly organized under lhe laws of the State of Connecticul (herein collectively called the
"Companies"), and that the Companies do hereby make, constilule and appoint oAwN Y COLECCHIO of NAPLESFlorida , their lrue and lawful Attomey-in'Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,
conditional underlakings and other writings obligatory in lhe nature thereof on behalf of the Companies in their business of guaranteeing lhe
fidelity of persons, guaranteeing the performance of contracls and executing or guaranteeing bonds and undertakings aequired or permitted in any
actions or proceedings allowed by law.
lN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and lhear corporate seals lo be hereto affixed, lhis 17th day of Janua.y,
20'19.
State ofConnecticut
By
City of Hartford ss Robert L enior V ce President
On this the 17th day of January, 2019, before me personally appeared Robsrt L. Ranoy, 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 l\rarine lnsurance Company, and
lhat 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.
TRAYETERS ]
lN WITNESS wHEREOF, I hereunlo set my hand and officialseal
l\ry Commission expires the 30th day of June, 2021
This Power of Atlorney 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 l\,'larine lnsurance Company, which resolutions are now in full
force and effecl, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Execulive Vice President, any Senior Vice President, any \4ce President, any
Second Vic€ President, the Treasurer, any Assistant Treasu.er, the Corporate Secretary or any Assistanl Secretary may appoint Attomeys-in-Fact and
Agenls to act for and on behalf of the Company and may give such appointee such authority as his or her certifcale of authority may prescribe to sign
with the Company's name and seal wilh lhe Company's seal bonds, recognizances, contracls of indemnity, and other writings obligatory in the nature of a
bond, recognizance, or conditional underlaking, and any of said omcers 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 Presidenl, any Senior Vice Presidenl or any Vice
President may delegate all or any part of the foregoing authority to one or more ofiicers or employees of lhis Company, provided that each such
delegation is in witing and a copy thereof is llled in the office of the Secretary; and it is
FURTHER RESOLVEO, lhat 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 Mc€ President, any Second Vlce President, the Treasurer, any Assistanl Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistanl Secretary; or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuanl 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 RESOLVEO, that the signature of each of the following omcers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant \4ce President, any Secretary, any Assistant Secretary, and lhe seal ofthe Company may be affxed by facsimile to any Power ol
Attorney or to any certific€te relating thereto appointing Resident Vice Presidents, Resident Assistant Secretades or Attomeys-in-Fact for purposes only of
execuling and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attomey or certificate bearing
such facsimile signature or facsimile seal shall be valid and banding upon lhe Company and any such power so executed and cenified by such facsimile
sjgnature and facsimile seal shall be valid and binding on the Company in the future wilh respect to any bond or understanding to which it is attached.
l, Kevin E. Hughss, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and Sl. Paul Fire and l\4arine lnsurance Company, do hereby certiry thal the above and foregoing is a lrue and correct copy of the Power of
Attorney executed by said Companies, which remains in full force and effect.
Dated lhis 30th day of October 20't9
Z/a-- a /4-r'--ZKern EiuShes, AsaEtant Secl€tary
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety company
St. Paul Fire and Marine fnsurance Company
Anna P. Nowik, Notary Public
To verily the authenticity of this Power ofAttorney, please call us at 7-8oo-427-388o,
Please refer to the above-rrafied Attomey-in-Fact and the detaile of the bond to which this Power of Altorney is attached.
16.A.4.b
Packet Pg. 377 Attachment: Bond Basis (21269 : Excavation Bond Release - Silverwood at Ave Maria Phase 2)
E'
t,
AFFIDAVIT OF AUTHORIZATION
Pt20t9o2}t, Sl\rsrcod st Ar! MdL PtE!. 2FOR PETITION NUIBERqS)
Enan Goguan (print name),aS Vha Prcair.nl (tiu€, if
applicabla)of cc AY€ M.r6 Ell,it 3, LLC (comp.ny, lf ble), s*oar or afftrm
under oath, that I am th€ (ctloose one) otvner applicant that:
1. I ha\6 full authdity to s€cur6 tho approvel(s) r€quGtod and to impG6 corr€flanE and l€sEictixls on
the referenc€d proporty as a result of any aclbn app.o\rsd by the County in accordanca with this
appli€lion and th€ Land O€vrloprnent Cod6;
2. All anst/u€rs to th€ quostions in thb applicEtm and any sketcfl€s, dste or out6r supplem€obry matter
attacfi€d h6r€io and mado a part ol this apdicatbn are hon6t and tru6i
3. I hav€ authoriz€d the stafi ot Collie County to ontar upon fle property during nomsl s.olting hou6
for th€ purpco d in\r€sthEting and oveluating th€ roqu€st made 0rrough thb appUcatlon; and thst4. Th€ prop€rty will be Esnsfon6d, cont ey€d, sold or subdivirod gubioct to tho condltirns ard
rostri€{ims impG€d by tha approved eclirn.
5. Wdl authoaize O.a H.dr.y. P.E {rdlo. Joam EnClbh, P.E. ol P.r*rrl Eqir'.drB tO ac,l aS OUr/m y repaosentativ€
in any matters r€g€rding this petition induding 1 through 2 abov6.
'/Voles.'. ff tho aod,ic', is a @tPpratix]., th€,t tl is usudly execuld by tllE @rp. ,f,s. or v. ,o/,,,s.
c lf tlt6 aDPli;snt is a Linlted Ll,,,/fry hnpny (L.LC.) ot Lffie<l UnWny (L.C.), U7en tic docr,meals sfio.rd
Wi@l,y b ltigt€d by tha Cdrp€lny's',,'/nrglf,g f,€,nD€/t."
. fi the apdica, E d wnwsr',ip, tltdl Wy a NtEt an slgn on Htdf ol tl7a p,ttots,rip.
o lt tf,€ aplica is a ,lfiiled ,s/tuletshh, En tt,€ fi,flel N,lner mus, s&r', and b iti€,tffi.s fie 'gorroE,
r€rlrcr'ol tln rcmcd ,,/lno's,*r.
. lt tll€ applk oril is a Aus/,, than lhey mug/ ,i4duda fre Ardeo \ ,7€,me and the wods 'as tuslee ".
. ln eech inslrrrca, ,trst d€,tofitine the rPplic€nl's sldus, e.9., idividud, dD,J/,atc, tusl, o€/lrr€/sllb, d ltl6{l
u* tl?€ 8plqgptia[a fofir?€/l fot lM own,{!,t{,.
Und.r p.nrnb3 ol pcdury, I d.cleE th.t I have '!ad thc Sorrgolng Atrndlvlt ol Arthodatl,on .nd that
the tact 3t t d in lt l]! tru..
octob., 29. 2019
Date
STATE OF FLORIDA
COUNTY OF COLLIER
The foregdng insbum€nt was $vom to (or affirmed)and subscribod bofors me on Octob.r 29, 2019 (date) by
Bnan Goguon (nama of p€rson providing osth or amrm6tbn), as
r,vho is peIsonally known to me o
(typ€ of id€ntilic€lion) as id€ntitbation
STAXP/SEAI
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i. ?}{3/,ro l
fuIt4 O DAVOSON
[chry Prbla - Srah o' Fnla
Clofl\ssr , GC 154 782
UyCq,nm. Expr'es feb '9. 2022
en.d tu4 ltah"d \darlrlq
cho.{ oA{ar ts\t$
RE\' tnrt{
of Publlc
\lkar-
16.A.4.b
Packet Pg. 378 Attachment: Bond Basis (21269 : Excavation Bond Release - Silverwood at Ave Maria Phase 2)
WRIMEN CONSENT
OF
THE BOARD OF DIRECTORS
OF
CC AVE MARIA ESTATES, LLC
DATEDASOFMAY ,2015
The undersigned, Board of Directors (the *Board) of CC AVE MARIA ESTATES,
LLC, a Florida limited liability company (the "ee!qpC4y"), hcrcby consents to the adoption of
the following resolutions:
RESOLVED, that effectivc as of this date that the following persons be
elected to the offices of the Company set fonh opposite their names below to
servc in such capacitics until their respective successors shall have been duly
elected and shall have qualified:
Jrmes M. Cerr
Andres Miyares
Harold L. Eisenacher
Brien Gogucn
Diena Ibarris
Rrfrel Rouero
President and As!istrnt Sccretery
Vice Presidcnt and Secretara
Vice Presidcnt snd Assistant Secretrry
Vice President
Vice President .od Assbtint Secretary
Vice Presidcnt
Sale of Homes rt Maple Ridge Resene Phase I
WHEREAS, the Company is the owner and developer of ccrtain single
family residential homes (the 'Homes") located in a project known as "Maple
Ridge Rescrve at Ave Maria" in Collier County, Florida;
WHEREAS, the Board deems it to be in the best intercst of the
Company to sell from time to time (each, a "Sale") the homes pursuant to a
Maple Ridge Reserve at Ave Maria Purchase Contract (the "Aseement") by
and between the Company, as scller, and each of the buyer parties thereto (lhe
"Purchaser").
NOW, THEREFORE, BE IT
RESOLVED, that the Presidcnt or any Vice President of the Company (the
"Authorized Reoresentative") be, and hereby is, authorized and empowered to
execute and deliver, on behalf of the Company, any and all documents required in
connection with each Sale, including, without limitation (a) Maplc Ridge Rescrve at
Ave Maria Purchasc Conract, (b) a Special waranty Deed in favor of the
Purchaser, (c) an Owner's Affidavit, (d) a FIRPTA Aflidavit, (e) Termination of
Notice of Commencement, (f) a Closing Statemenl, and (g) such other documents as
may be necessary to effect such Sale (collectively, the "Sale Documents"); and be it
Election of Officers
16.A.4.b
Packet Pg. 379 Attachment: Bond Basis (21269 : Excavation Bond Release - Silverwood at Ave Maria Phase 2)
RESOLVED, that each Authorized Representative, acting alone, be, and
hereby is, authorized and dirccted to €nter into, execute, and deliver the Sale
Documents on behalf of the Company, wirh such additions, deletions, or changes
thercin as such Authorized Representative executing the Sale Documents shall
approve, such approval to be conclusively evidcnced by the execution thereof, as
well as to do and perform, or causc lo be done and pcrformed, all such other acts,
deeds and things, and 10 make, execute and deliver, or cause to be made, exccutcd
and delivere4 all such other agrecments, undertakings, documcnts, instrumcnts or
ccrtificatcs, for the Company or the Company as lhe case may be, as the
Authorized Reprcsentative may deem nece$ary or appropriate to effectuate or
carry out fully the purpose and intent ofthe foregoing resolutions and to be in the
best intaest of the Company or the Company (as conclusively evidcnccd by the
taking of such action or the execution and delivery of such agreemcnts,
undertakings, documents, instruments or certificates, as th€ cas€ may be, by or
under the direction of any authorizcd agent), and that all acts, deeds and things
herctoforc done or performed by the agents of the Company in connection with
each Sale be, and hereby are, approved, ratified and confirmed in all rcspects and
shall constitute the acs and obligations of the Company, irrcspective of whether
such acts or docume s were performed before or subscquent to the date of the
adoption thereof; and be it fiuther
RESOLVED, that this Consent may be executed in any number of
counterparls and by the separate panies hereto in scparate countcrparts, each of
which shall be deemed to be one and the same instrument; and be it further
RESOLVED, that this Consent shall continue in full force and effect and
may be relied upon by each Purchascr and its title insurance underwriter until
receipt of a written notice ofany change hercin.
ISignatures on fotlowing page]
16.A.4.b
Packet Pg. 380 Attachment: Bond Basis (21269 : Excavation Bond Release - Silverwood at Ave Maria Phase 2)
wnnen.
The undersigned have hereby executed this Consent as ofthe dare first above
BOARD OF DIRECTORS:
James Carr
Harold Eisenacher
e Gable
Brian Goguen
I
16.A.4.b
Packet Pg. 381 Attachment: Bond Basis (21269 : Excavation Bond Release - Silverwood at Ave Maria Phase 2)
wnrten
The undersigned have hereby executed this Consent as of the date first above
RD OF DIRECTORS
James Carr
//-1L -2.--{
3/-u€i..ni-tro
Blake Gable
Brian Goguen
16.A.4.b
Packet Pg. 382 Attachment: Bond Basis (21269 : Excavation Bond Release - Silverwood at Ave Maria Phase 2)
All Lots located with the MAPLE FJDGE RESERVE AT AVE MARIA PHASE ONE,
according to the Plat thereoi as recorded in ,Plat Book 59, Pages 5l thmugh 53, ofthe Public
Records of Collier County, Florida.
EXHIBIT'A"
16.A.4.b
Packet Pg. 383 Attachment: Bond Basis (21269 : Excavation Bond Release - Silverwood at Ave Maria Phase 2)
the Excavation Work. The Developer, as principal under the excavation
performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construclion, the flnal 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 accounl of the failure of Developer to fulfill all of the provisions of this
Agreement.
All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respeclive successors and assigns of
Developer.
By:
Pri Name(^D kds>1 Brian Goguen, Vice
(President, VP, or CEO)
7
lN WTNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this S+ day of Y\dh'rba- , 2019.
SIGNED IN THE PRESENCE OF:
CC Ave Maria Estates, LLC
stsn:vW! ,711
M^rr.,^. 2,.r...
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By:
Clerk ofthe Circuit Court & Comptloller
Collier County, Florida
Approved as to form and legality
Sally A. Ashkar
Assistant County Attorney
Provide Proper Evidence of Authority - See
Attached
BOARD OF COUNTY COMMISSIONERS
OF
By,
COL
as designee of the County Manager
pursuant to Resolution No. 2015-162
sisg
16.A.4.b
Packet Pg. 384 Attachment: Bond Basis (21269 : Excavation Bond Release - Silverwood at Ave Maria Phase 2)