Agenda 04/09/2024 Item #16A 1 (Resolution - Final acceptance of the final plat of Anthem Parkway Phase four)04/09/2024
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements and acceptance of the plat dedications for the final plat of Anthem Parkway Phase Four,
Application Number PL20200002048, and authorize the release of the maintenance securities in the amount
of $76,642.30.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure
improvements associated with the subdivision and authorize the release of the maintenance security.
CONSIDERATIONS:
1) On February 6, 2023, the Growth Management Department granted preliminary acceptance of the roadway
and drainage improvements in Anthem Parkway Phase Four.
2) The roadway and drainage improvements are private and will be maintained by CC Ave Maria, LLC, Ave
Maria Utility Company, LLLP, Ave Maria Stewardship Community District, and Ave Maria Master
Association, Inc.
3) The required improvements have been constructed in accordance with the Land Development Code. The
Growth Management Department inspected the improvements on February 14, 2024, and recommends
final acceptance of the improvements.
4) A resolution for final acceptance has been prepared by staff and approved by the County Attorney's Of fice.
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, Ave
Maria Utility Company, LLLP, Ave Maria Stewardship Community District, and Ave Maria Master Association,
Inc. The existing security in the amount of $76,642.30 will be released upon Board approval. The original security
in the amount of $843,085.25 has been reduced to the current amount of $76,642.30 based on the work performed
and completed pursuant to the terms of the Construction and Maintenance Agreements dated December 20, 2021.
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 grant final acceptance of the roadway and drainage improvements in Anthem
Parkway Phase Four, Application Number PL20200002048, authorize the Chairman to execute the attached
resolution authorizing final acceptance of the improvements and plat dedications, and authorize the Clerk of Courts
to release the maintenance securities.
Prepared by: Lucia S. Martin, Project Manager I, Development Review
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.1
Packet Pg. 406
04/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Doc ID: 28234
Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and
drainage improvements and acceptance of the plat dedications for the final plat of Anthem Parkway Phase Four,
Application Number PL20200002048, and authorize the release of the maintenance securities in the amount of
$76,642.30.
Meeting Date: 04/09/2024
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
03/05/2024 3:40 PM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
03/05/2024 3:40 PM
Approved By:
Review:
Development Review Brett Rosenblum Other Reviewer Completed 03/06/2024 9:26 AM
Engineering & Natural Resources Jack McKenna Other Reviewer Completed 03/13/2024 2:18 PM
Transportation Management Operations Support Evelyn Trimino Other Reviewer Completed
03/15/2024 4:45 PM
Unknown Jaime Cook Division Director Completed 03/19/2024 9:36 AM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
03/21/2024 3:45 PM
Operations & Regulatory Management Michael Stark Other Reviewer Completed 03/22/2024 10:53 AM
Growth Management Community Development Department James C French Growth Management Completed
03/26/2024 4:24 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/27/2024 11:00 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/27/2024 12:26 PM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 03/28/2024 10:09 AM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 03/29/2024 1:36 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 04/01/2024 11:50 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/09/2024 9:00 AM
16.A.1
Packet Pg. 407
ANTHEM PARKWAY PHASE FOUR
LOCATION MAP
16.A.1.a
Packet Pg. 408 Attachment: Location Map (28234 : Final Acceptance - Anthem Parkway Phase Four)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION TMPROVEMENTS enteredinto this 2oth day of December 20 21 betWeen cc AVE MAR|A, LLc hereinafter referredtoas "Developer", and Board of County Commissioners of Collier County, Florida, hereinafter referred to asthe "Board"
RECITALS
A. Developer has, simultaneously with the delivery of this
of certain plat of a subdivision to be known as:
Agreement, applied for the approval by the Board
Anthem Parkway phase 4
B Chapter 4 and 10 of the Collier County Land Development Code required the Developer to postappropriate guarantees for the construction of the improvements required by said subdivision regulations,said guarantees to be incorporated in a bonded agreement for the tonstruction of the requiredimprovements.
Now' THEREFoRE, in consideration of the foregoing premises and mutual covenants hereinafter setforth, Developer and the Board do hereby covenanl and agree as follows.
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 hereinafterreferred to as the required improvements.
Developer herewith tenders its subdivision performance security (attached hereto as Exhibit ,,A,,and byreference made a part hereof) in the amount of $--843,0ss2!- wr'itr, amount represents 10% ofthe totalcontract cost to complete the construction plus tbox of tne estimated cost of to complete the requiredimprovements at the date of this Agreement.
ln the event of default by the Developer or failure of the Developer to complete such improvements withinthe time required by the Land Development code, collier county, may call upon the subdivisionperformance security to insure satisfactory completion of the required improvements.
The required improvements shall not be considered complete until a statement of substantial completionby Developer's engineer along with the final project records have been furnished to be reviewed andapproved by the County Manager or his designee for compliance with the Collier County LindDevelopment Code.
The county Manager or designee shall, within sixty (60) days of receipt of the statement of substantialcompletion, either: a) notify the Developer in writing of his pieliminary appror"r ot the improvements; orb) notify the Developel in writing of his refusal to- approve improvements, therewith specifying thoseconditions which the Developer must fulfill in order'to obtain the county Manager,s approval of theimprovements' However, in no event shall the county Manaler or designel refuse preliminary approvalof the improvements if they are in fact constructed ind sub=mitted for -approval
in accordance with therequirements of this Agreement.
The Developer shall maintain all required improvements for a minimum period of one year after preliminaryapproval by the county Manager or his designee. After the one-year maintenance period by the Developerhas terminated, the Developer shall petitiJn the County lltanager or designee to inspect the requiredimprovements. The county Manager or designee snarr inspelt the improvements and, if found to be stillin compliance with the. Land Development code as reflecied by final approval by the Board, the Boardshall release the remaining 1o% of the subdivision performrn." ,".rrity. rhe Developer,s responsibilityfor maintenance of the required improvements shall continue unlels or- ,ntit the Board acceptsmaintenance responsibility for and by the County.
1
2.
4
5
3.
6.
16.A.1.b
Packet Pg. 409 Attachment: Bond Basis (28234 : Final Acceptance - Anthem Parkway Phase Four)
D IN THE PRESENCE OF:
-t
SI NG (Name of Entity)
CC Ave Maria. LLC
Witneis:
h,n" I'-, ,,r By:
Pri me:N
t
Brian Goguen, Vice sident
\A \Y.4LS
Witiress:
-\l'Printed Name/Title
(President, VP, or CEO)
ATIACHEProvide Pro er Evidence of Author
Printed Name:
Evidence of signing
hereto as Exhibit "8".
authority attached
CRYSTAL K. -KINZEL, CLERK
COUN
BOARD OF COUNTY COMMISSIONERS
co OR
By
enl.Il11 I
AEChaApproved aqihhr.!!.riI4egatity :
vcr!k C _1.r
')
Assrstant County Attorney
7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter theDeveloper may request the County Manager or designee to reduce the dollar amount of the subdivisionperformance security on the basis of work complete, Each request for a reduction in the dollar amount of thesubdivision performance security shall be accompanied by a statement of substantial completion by theDeveloper's engineer together with the project records necessary for review by the County ManagLr ordesignee. The County Manager or designee may grant the request for a reduition in the amount of thesubdivision 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 certificationof such failu_re, the County Manager or designee may call upon the subdivisi5n performance security tosecure satisfactory completion, repair and maintenance of the required improvemenis. The Board shall havethe right to construct and maintain, or cause to be constructed oi maintained, pursuant to public
advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, asprincipal under the subdivision performance security, shall be liable to pay and to indemnify the Board, uponcompletion of such construction, the final total cost to the Eoard theieof, including, but not limited to,engineering, legal and contingent costs, together with any damages, either direct or ionsequential, whichthe Board may sustain on account of the failure of the DevelJper to fulfill all of the provisions of thisAgreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer andthe respective successors and assigns of the Developer.
lN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their
duly authorized representatives this 20th day of pecember ,20 21
t,
\L
ATTEST:
t-'By:
i'i-'
16.A.1.b
Packet Pg. 410 Attachment: Bond Basis (28234 : Final Acceptance - Anthem Parkway Phase Four)
EXHIBIT IIA''
Subdivision Performance Security
16.A.1.b
Packet Pg. 411 Attachment: Bond Basis (28234 : Final Acceptance - Anthem Parkway Phase Four)
EXHIBIT "A"
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
CC Ave Maria, LLC
BOND NO. 7901079762
2020 Salzedo Street, Suite 200'
Coral Gables, FL 33134
(Hereinafter referred to a "Owne/') and
Nationwide Mutual lnsurance Company
1 1 00 Locust Street
Des Moines, lA 50391-2006
866-387-0457
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregat :e S U m Of Eight hundred Forty-three thousand EighfFive doilar and twenty-five cenls Dollars
(S 843,085.25 )i n 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 OBLIGATI
the Board of a certain subdivision p
ON is such that whereas, the Owner has submitted for a
lat named Anthem Parkway Phase 4
pproval by
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 "Gua ra nty 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
16.A.1.b
Packet Pg. 412 Attachment: Bond Basis (28234 : Final Acceptance - Anthem Parkway Phase Four)
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,
this .r ,.
the parties hereto have caused this PERFORMANCE BOND to be executed
day of December, 2021.
WITNESSES CC AVE MARIA, LLC
amennted
Evidence of signing authority attached
hereto as Exhibit "8".
rian Goguen, Vi resident
rinted ame
ACKNOWLEDG EM ENT
STATE OF FLORIDA
COUNTY OF COLLIE R
THE FO GOING PERFORMANCE EOND WAS ACKNOWLEDGED BEFORE ME BY MEANS
OF PHYSICAL PRESENCE OR D ONLINE NOTARIZATION THIS DAY OF ZoUydr ?o Zl ,6v
BRIAN GOGUEN, AS VICE PRESIDENT AS CC AVE MARIA, LLC, WHO IS PERSONALLY KNOW TO ME ,OR
HAS PRODUCED
Notary Public - State of Florida
(SEAL)
.-{ \\"^(fv \vlotn
Printed Name: Kim D. Davidson
..+rir. . xDr O. 0Avt0s0N
':ofr\ac: otary Pubhc State ot Florida
'1( E i.p't commtstron, HH 201826?o.-*{' ry Comm. €rprre! Feb 19, 2026' Bonded throiJgh Nation,l Notary A5tn
WITNESSES:*"'7[f,':"-T'lnsur/t ance Company
\/ll ,' I r I
By
Printed Name?ivlrr i, rtr.t a rris Cha rity A. Moser, Attorney-ln-Fact
(Provide Proper Evidence of Authority)
UU,u tJ.aa;r..t
Plinted Name UI.fllrrr.. \^l'frn;^.-
- AS IDENTIFICATION.
,A,Iuutltr r) !uit lw'
\
16.A.1.b
Packet Pg. 413 Attachment: Bond Basis (28234 : Final Acceptance - Anthem Parkway Phase Four)
ACKNOWLEDGEMENT
STATE OF CtO
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS
oF Vf pHysrcAl pRESENcE oR E oNLtNE NorARlzATtoN THts onv_lel i ' oF \)(t,r,,.Vt'-', 202L,
by CHARITY A. MOSER AS ATTORNEY-lN-FACT for NATIONWIDE MUTUAL INSURANCE
L! PERSONALLY KNOW TO ME, OR HAS PRODUCED
IDENTIFICATION.
Notary Public - State of Florida
(sEAL)
Printed Name: Kim D. Davidson
COMPANY, WHO
AS
a
dxli\,^O.O;urbr.--
16.A.1.b
Packet Pg. 414 Attachment: Bond Basis (28234 : Final Acceptance - Anthem Parkway Phase Four)
0000053626Power ot Atlorney
KNOW ALL MEN BY THESE PRESENIS THAT:
Nalionwid€ Mutual lnsurance Company, an Ohio corporation
hereinafler roferred to soverally as lhe "Company' and collsctively as 'the Companies" does he€by make, constilute and appoint
CHARITY A MOSER; DOUGLAS E BAIRD,
Antonio C. Albanese, Vlce Pro5ldent of Nationwide Mutual lnsu.ance Company
ACKNOWLEOGMENT
each in their individual capacity, its true and laMul attomey-in-fact, wilh full power and authority to sign, seal, and execute on its behalf any and all bonds andunde(akiags, and other obligatory ihstruments of similar nature, in penalties not excoeding the sum ;f
T]NLIMITED
and lo bind the Company thereby, as fully and lo the same extent as if such instruments were signed by the duly authorized oficers ofthe Company: and altacts
of said Attomey pursuant to lhe authority given are hereby ratified and contirmed.
This power of attomey is made and executed pursuanl lo and by aulhonty of the following resolution duly adopted by the board of djrectors ofthe Company:
'RESoLVED. thal the president, o. any vice president be, and each hereby is, authodzed and empowered to appoinl attomeys-in-fact ofihe Company,
and to aulhorize them to execute and deliveron behalf of the company any and all bonds, forms, applications, ;emorandums, undedakings,recognizances, kansfe6, conkacts ofindemnity, policies, contracts guaranteeing the tidelity of persons holding positions of public or privaG trust, and otherwritings obligatory in nature that the businoss of the Company may r€quirei and to modify or revoke, with or wilhout cause, any such appointment oraulhority; provided, however, that the authorily granted hereby Shall in no way Iimit the authorily ofother duly authorized agents to sign and countersign anyofsaid documents on behalf ofthe Company.,
'RESOLVEo FURTHER, that such attomeys-in-fact shall hav€ full power and authority to execute and delivsr any and all such documents and to bind theCompany subjoct to the terms and limitetions ofthe power of atlomey issued to them, and to affx the sealof lhe
-Company
lhereto; provid€d, however, thatsaid seal shall not be necessary for the validity ofany such documefits.-
This power of atlomey is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Ej!!gfg*l|!4gA!:.Any vice president, any assistant secretary or any assistanl treasurer shall have the power and authority to sign or attest atlapproved documents. instruments, contracts, or other papers in conneclion with lhe operation of the business ofth€ company in additio; to the chairman ofthe board, the chiefexeculive ofiicer, president, treasurer or secretary; provided, howover, the signature ofany of them may be printed, engraved, orstamped on any approved documeot, contract, inskumenl, or other pape6 of the Company.
lN WITNESS wHEREOF, the company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021.
f,-trg\t(grs-'
STATE OF NEW YORK COUNTY OF NEW YORK: ss
On this 20th day of August, 2021, bofore me came the above-named ofiicsr for the Company
aforesaid, to me personally known to be the officer described in and who executed the preceding
instrument, and he acknowledged the execution o[the same, and being by me duly
swom, deposes and says, that he is the officer of the Company aforesaid, that the seal aflixed
hereto is the corporate seal of said Company, and lhe sa;d corporate seal and his signature were
duly aflixed and subscribed to said instrument by the authority and dir€ction of said 6ompany.
Stsph.n16 Rubrno M.,Anhur
Nolary Pubric, St t6 ol New York
No 02MC6270117
Qoali .d in N4 Ydk C.uty
1
e,*.n@7h6,/L
CERTIFICATEl' Laura B Guy, Assistant secrelary of lhe company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attomey issuedby the company; that the resolution included thereid is a true and coriect transcriptirom the minules ofthe meotings i the boaros ot oirectors and th6 same hasnot been revoked or amended in any manner; that said Antonio c. Albanese was on the date of the execution of th;ror"going ;,r", ot
"ttorney
the duly olectedofficer oflhe company, and the coDorate seal and his signature as officer wore duly affixed and subscribed to the said i;tru;ent by the authority of said boardof direclors; and ihe foregoing power of attorney is still in full torce and effect
l.!twlrryEss WHEREoF, I have hereunto subscribed my name as Assislanl secretary, and affixod the corporate sea I ol said company this fQday ort(((fi\w(,?t)zl .
fiur+ 8.o'V
8DJ 1{08-21)00 Assistant Secretary
ALUE
16.A.1.b
Packet Pg. 415 Attachment: Bond Basis (28234 : Final Acceptance - Anthem Parkway Phase Four)
EXHIBIT IIB"
Signing Authority
16.A.1.b
Packet Pg. 416 Attachment: Bond Basis (28234 : Final Acceptance - Anthem Parkway Phase Four)
1VRITTEN CONSENT
OF
THE BOARD OF DIRECTORS
otr,
CCAVEII{ARIA, LLC
, ,-t.
DATED AS OF FEBRUARY_,20I4
-
The,undersigned, Board.of Directors (the ,'Board') of cc AVE MARIA, LLC, a Floridalimited.liability company (lhe "ComBnv";,'hrreby6ni.nt, ro thc adoption of rhe follorvingresolutions:
Election of Oflicerc
REsoLvED, that effcctive as of this date that rhe following persons beelected to the offices of the company set forrh opposite their names bclorv to
scrve in such capacities until theirrcspectivc sr.clrsors shall have been duly
elected and shall have qualified:
Jsmcs M. Carr
K. Laryrcncc Gragg
Andres Miyarcs
Harold L. Eisenachcr
Brian Goguen
Blakc Guble
Diana Ibarria
Prcsidcnt and Assistant Secrctrry
Vice Prcsidcut, Assistrnt Secretery and
Assistant Trclsurcr
Vicc Prcsidcnt
Vicc President ond Treasurcr
Vicc Preside nt
Vice Prcsidcnt
Vicc Prcsidcnt
Sale of Homes st Maole Ridse
WHEREAS, rhe company is th-e owner and deveroper of cenain singrefamily residenriar. !9r.: 0h" "&ro') rocated in a project knorm o, ..tuo[i,
fudge at Ave Maria" in Collicr CounU,, Florida;
WHEREAS, thc Board deems it to be in thc besr inrerest of rhccompany to sell fr.om timc- to time (cach, a "sa&") the homes pursuant to aMaple Ridge at Ave Maria purchase Contraci-(t'hc ..Aereement,,) by andbetween the company, as seilcr, and each or *ri uuyffirty-n.reto 6t ""Purchg5gg").
NOW, TI{EREFORE, BE tT
RESOLVED, rhar rhc prcsidenr or any Vice presidenr of the company (rhe"Authorizcd Reorese ") bc, and hereby ir, uurtorii.d and empowcred tocxccutc and dcliver, on bcharf of the cornpany, any and ail documents rcquired in
lll$U ;u,t:?rrt t:li,
16.A.1.b
Packet Pg. 417 Attachment: Bond Basis (28234 : Final Acceptance - Anthem Parkway Phase Four)
connecrion rvith each Salc, including, without limitarion (a) Maplc Ridgc or AvcMaria Purchase conrracr, (b) a Spccial warranty Deed in favor ofihe purJhascr, 1c)an ouner's Affidavir, (d) a FIRpTA Aflidavir, (c) Termination o[ Notice
-oi
commcncement, (0 a crosing srarement, and (g) such olher documenrs as may bcncccssary to effecr such Sale (collecrively, rhe.,Salg_DsggCIg4lg"); and be it
RESOLVED' that cach Authorized Representativc, acting atone, be, andhereby is, authorizcd and dirccted to enter into, executc, and ieil*", the Sale
Documenrs on behalf of the company, rvilh such additions, detetions, or changesthcrein as such Authorized Represcntative cxecuting the
'Sale
Documcnts shall
Bpprovc, such approval to be conclusively cvidenccd by the execution thereol, as
well as to do and perform, or cause to be done and priormcd, all such other acrs,
deeds and things, ond to makc, execute and deliver, or cause to be made, cxecuted
and delirered, all such othcr agrcements, underlaking5, documcnts, instrurnenB orcerlificales, for the cgmpany or the company * urr case may be, as rheAuthorized Representative may deem necesiory or appropriate to cfrcctuatc orcarry.out fullyrhe purpose and inlent of the foregoing iisolutions and to be in the
bcst interest of the company or thc company 1as conclusively evidenccd by thctaking of such action or rhc cxecution and detivery of such agrccrncns,
undertakings, documcnts, instrumenrs or ccrtificatcs, as rhe .as" *"y b., by oi
under thc dircction of any authorized agent), and thar all acts, deedi and things
herelofore done or pcrformed by the agints of the company in connection rvith
each Sale be, and hercby are. approved, ratifiett and confirmed in all respects and
shall consritute thc acrs and obtigations of the company, irrespcctive of whethcr
such acts or documents !\,ere pcrformed belore or subsequcnt'to thc dale of tlre
adoption thereof; and be it further
RESOLVED, thar this consent may bc executed in any number of
counlerparts and by the separale partics hercto in separate counterparts, each of
rvhich shall be decmcd to be one snd the same instrumcnt; and be it further
RESOLVED, that this consent shau continue in full force and cffect and
may. be relied upon by cach Purchaser and its titlc insurance underuriter until
rcccipt of a written noticc of any change herein.
[Signoturcs on follorving page]
lll t\ra tst:rr r I {:r()
16.A.1.b
Packet Pg. 418 Attachment: Bond Basis (28234 : Final Acceptance - Anthem Parkway Phase Four)
\wiilen,
'I}e undersigned have hcreby cxccutd this consent as of the date first abovc
BOARD OF'DIRECTORS:
Gragg
ln^ril tg)t:7r rl (f(|
Cablc
6oguen
16.A.1.b
Packet Pg. 419 Attachment: Bond Basis (28234 : Final Acceptance - Anthem Parkway Phase Four)
EXHIBIT ,C"
Opinion of Probable Cost
16.A.1.b
Packet Pg. 420 Attachment: Bond Basis (28234 : Final Acceptance - Anthem Parkway Phase Four)
PENINSU L
ENC I NEERI NC
CALCULATION SUMMARY
Project:
Task:
Prepared KO
Checked By: DH
TOTAT
EARTHWORK
PAVING
DRAINAGE
POTABLE WATER
IRRIGATION
WASTEWATER
LANDSCAPE AND LIGHTING
S 3o,goo.oa
s 400,j49.9s
S 107,074.00
S 80,248.00
S 4s,2o9.oo
5 j,o62.oo
s 96,600.00
TOTAL
S 766,442.9s
EARTHWORK, PAVING, DRAINAGE, LANDSCAPE AND
POTABLE WATER, IRRIGATION, WASTEWATER:
TOTAL OPC
10% Maintenance
TOTAL BOND AMOUNT
s634,923.9s
s13r,s19.00
s766,M2.95
576,542.30
s843p8s2s
NOTES:
1) This Opinion of Probable Cost shall be used for Bonding Only.
2) All costs provided in this oPc are based on recent contract prices, or the Engineers' latest known unit costs. These costs cannot beguaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete, petroleum, or the availability of
materials and labor.
Daniel |,'#lJ,;^*
a Hartleyl! Date:
Ha rtley i?:,!,f1I",
AND SEALED BY DANIEL C, HARTLEY. P.E. USING A
SHA,' AUTHENTICATION COOE.
PRINTEO COPIES OF THIS DOCUMENT ARE NOT
CONSIOERED SIGNED ANO SEALED AND THE SHA.'
AUTHENTICATION COOE MUST BE VERIFIEO ON
ANY ELECTRONIC COPIES.
Daniel Hartley
FL Registration #73943
Peninsula Engineering
Certificate of Authorizatio n #2827 5
16.A.1.b
Packet Pg. 421 Attachment: Bond Basis (28234 : Final Acceptance - Anthem Parkway Phase Four)
April 5, 2023
Nationwide Mutual Insurance Company
1100 Locust St.
Des Moines, IA. 50391-2006
RE: Your Performance Bond No. 7901079762 / CC Ave Maria LLC
Anthem Parkway, Phase 4 PL20200002048
Dear Sir or Madam:
Please be advised that based on the work completed to date and the associated inspections which
have been conducted, the subject Performance Security may now be reduced by $766,442.95
leaving an available balance of $76,642.30.
The remaining balance represents the required 10% maintenance security.
An original Bond Rider should be directed to this office, reducing the value of the security, “all
other terms and conditions of original Performance Bond to remain in full force and effect”.
This reduction will become effective upon our receipt of the original Bond Rider.
If I can be of any further assistance to you in this regard, please let me know.
Sincerely,
JOHN HOULDSWORTH
John R Houldsworth
Senior Site Plans Reviewer
With authority in these matters
CC: Dan Hartley, PE, Peninsula Engineering
Project File
16.A.1.b
Packet Pg. 422 Attachment: Bond Basis (28234 : Final Acceptance - Anthem Parkway Phase Four)
M SURETY RIDER
Nationwidd
Nationwide Mutual Insurance Company
Bond Department
I100 Locust Street, Department 2006
Des Moines, IA 50391-2006
TO BE ATTACHED TO AND FORM PART OF
Perlormance BOND NUMBER 790t079762
IN FAVOR OF Collier County Board of County Commissioners
(Obligee)
ON BEHALF OF cc Ave Maria, LLC
(Principal)
IT IS AGREED THAT, in consideration of the original premium charged for this bond, and any additional
premium that may be properly chargeable as a result of this rider,
l. The Surety hereby gives its consent to amend the following:
Reduction in penal bond amount for work completed
From:
Original Amount $843,085.25
(Eight hundred forty three thousand eighty five and 251100---)
To:
$76,642.30
(Seventy six thousand six hundred forty two and 30/100--)
Effective:5 2023
2. PROVIDED, however, that this attached bond shall be subject to all its agreements, limitations, and
considerations except as herein expressly modified, and that the liability of the Surety under the attached
bond as changed by this rider shall not be cumulative.
3. Signed and sealed this 5th day of 2023
Nationwide Mutual Insurance Company
BY
A, Moser , Attorney in Fact
16.A.1.b
Packet Pg. 423 Attachment: Bond Basis (28234 : Final Acceptance - Anthem Parkway Phase Four)
RESOLI]TION NO.21-
A RESOLUTION OF TIIE BOAR) OF COUNTY
CoMI\IISSIONERS OF COLLIER COUNTY, FLORIDA
ATITIIORIZING FINAL ACCEPTANCE OF CERTAIN
RoADWAY AND DRAINAGE IMPROVEMENTS AND PLA'I'
DEDICATIONS IN ANTHEM PARKWAY PHASE FOTIR,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 7T, PACES 8 THROTiGH 9, AND RELEASE OF THE
NIAIN'I'ENANCE SECURITY,
WHEREAS, the Developer has constructed and maintained the roadway and drainage
improvements in accordance with the approved plans and specifications as required by the Land
Development Code (Collier County Ordinance No. 04-41, as amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and drainage
improvements and release of the maintenance security; and
WIIEREAS, the Development Review Division has inspected the roadway and drainage
improvemcnts, and is rccommending acccptancc ofsaid facilities.
NOW, TI,IEREFORE, BE IT RESOLVED BY THE BOARD OF COLTNTY
COMMISSIONERS OF COLLIER COI-rNTY, FLORIDA, that final acceptance is hercby
granted for those roadway and drainage improvements and plat dedications in Anthem Parkway
Phase l;our, pursuant to the plat thereof recorded in Plat Book 71, Pages 8 through 9, and the
Clerk is hcreby authorized to release the maintenance security.
BE IT FURTIIER RESOLVED AND ORDERED that the roadway and drainagc
improvements within Anthem Parkway Phase lor:r will be maintained privately in the lulure and
will not be the responsibility of Collier County.
This Resolution adopted after mution, second and majority vote favoring same, this
_ day ol
DATE:
A'I"I'ES'I':
20?1
CRYSTAL K. KINZEI-, CLERK
By:
BOARD OF COUNTY COMMISSIONERS
COLI,IER COUNTY. FLORIDA
Chris Hall- ChainlanDeputy Clerk
Approved as to fbrm and legality:
Derek D. Perry
Assistant County Attorney
124 -EtS-0199't / | 847 63 3 t tl Page I of I
CAO
WHEREAS, the Board of County Commissioners of Collier County. Florida, on
September 14,202. approved the plat ofAnthem Parkuay Phase Four for recording; and
16.A.1.c
Packet Pg. 424 Attachment: Resolution (28234 : Final Acceptance - Anthem Parkway Phase Four)
16.A.1.d
Packet Pg. 425 Attachment: Plat Map (28234 : Final Acceptance - Anthem Parkway Phase Four)
16.A.1.d
Packet Pg. 426 Attachment: Plat Map (28234 : Final Acceptance - Anthem Parkway Phase Four)