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Backup Documents 03/12/2024 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 6 A 1 i **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 oor 5/cf zq 4. BCC Office Board of County Commissioners ((• J> 3/6/z1 5. Minutes and Records Clerk of Court's Office cp ,I 7 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 Lucia S. Martin Phone Number x-2279 Contact/ Depat latent Agenda Date Item was 03/12/24 Agenda Item Number 16.A.11 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) l. Does the document require the chairman's original signature? LM 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. LM 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 LM 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 LM 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 03/12/24 and all changes made during e N/A is not the meeting have been incorporated in the attached document. The County 4 an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the p N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the ip0 an option for Chairman's signature. �j/ this line. 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 16All CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISON IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 26th day of March , 20 24 between Ave Maria Development,LLLP 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: Arthrex Commerce Path 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,storin 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$1,613,841.86 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. 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 11/23/2021 Page 1 of 2 16A1. 1 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 Developer have caused this Agreement to be executed by their duly authorized representatives this 26thder day of March 20 24 SIGNED IN THE PRESENCE OF: (Name of Entity) i ;,t Ave Maria Development, LLLP Witness: ' By: Barron CollierCorporation, It's Managing Partner c Lurt' r Printe ame: By: Brian Goguen,Vice President Witness: Printed Name/Title • (President,VP,or CEO) Net •'�` n J , , f .�e-: � (Provide Proper Evidence of Authority) Printed Name: r v i. (z r\cork- ATTEST:" CRYSTAL K.KINZEL,CLERK BOARD OF COUNTY COMMISSIONERS OF CO R OUNTY FLORIDA • By �W=xela \ By: Deputy FIPrk • Ames!:ts t;; r:hairman's L. CH c�ee't+4 cion u°S o ,l: , Approved asto form and legality: /9,4 Derek Perry Assistant County Attorney 11/23/2021 Page 2 of 2 16A11 EXHIBIT " ;; " Performance Security 16 All PERFORMANCE BOND BOND NO. 7901079777 KNOW ALL PERSONS BY THESE PRESENTS: that Ave Maria Development, LLLP (Name of Owner) 2600 Golden Gate Parkway (Address of Owner) Naples, Florida 34105 (Address of Owner) (Hereinafter referred to a "Owner") and Nationwide Mutual Insurance Company (Name of Surety) 1100 Locust Street (Address of Surety) Des Moines, IA 50391-2 (Address of Surety) (866).387.0457 (Telephone Number) (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 One million six hundred thirteen thousand eight hundred forty-one and eighty-five cents Dollars ($ 1,613,841.85 ) 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 Arthrex Commerce Park 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 1 6 A l l 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 characterwhatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 25th day of March,2024. WITNESSES: Ave Maria Development, LLLP (Y' By: Barron Collieerr Corporation, It's Managing Partner • 1• tr�tlr By: fir ` Prin. d Nam.e Brian Goguen, Vice President Lte4: .1 f (Provide Proper Evidence of Authority) LA( ' ar3[1'?ta Printed Name ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF x PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS DAY OF MARCH,2024, BY BRIAN GOGUEN AS VICE PRESIDENT OF BARRON COLLIER CORPORATION WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public—State of Florida (SEAL) • - .:�-:..�. .�. - 4.. /y ..i,r .. KIM D.DAVIDSON -)•(+e`—' ;V-1?ark fl—�`�,=. Notary Public-State of Florida Printed Name ., ,,_ 1yitk'c".,• _ , ,o Cor�irnissionf,l-Irl701326 `•'?oF......` lay Comm.Expires Feb 19,7026 Bonded through National Notary Assn. WITNESSES: Nadi r`w e Mutual Insmr nce Company . .,r�, ;+ i.. I ,� By: '�,.'4� , ✓'L✓i � 1 tj1� 1 `'a.`�dt�— Lauren Bradley Charity A. Moser, Attorney-In-Fact 9 F i ;/ _l Nicole Johno n r 16 All ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF E-PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS 25th DAY OF March, 2024, by Charity A. Moser AS Attorney-In-Fact OF Nationwide Mutual Insurance Company WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. �T Notary Public—State of d' OY COL,: (SEAL) ,o;';�P��. • y� - MY COMMISSION#NW 292C49 CitiA _ L 1•-.�� �'.F��o�°` EXPIRES:Ja�ua��3,24E26 Printad"Name a•— . - _ Power of Attorney0000053645 1 6 A 1 1 KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation hereinafter referred to severally as the"Company"and collectively as"the Companies"does hereby make,constitute and appoint: • CHARITY A MOSER;DOUGLAS E BAIRD; each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in UNLIMITED not exceeding the sum of and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN 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. 311.0 Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT ©talus®� STATE OF NEW YORK COUNTY OF NEW YORK:ss �.e`O•.' ® On this 20th day of August,2021,before me came the above-named officer for the Company aforesaid,to me personally known to be the officer described in and who executed the preceding ��,.SEAL' instrument,and he acknowledged the execution of the same,and being by me duly "t""k:m ` sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed ��f�(lNBOi o�® hereto is the corporate seal of said Company,and the said corporate seal and his signature were �_ duly affixed and subscribed to said instrument by the authority and direction of said Company. Stephanie Rubino McArthur Notary Public,State of New York No.02MC6270117 Qualified in New York County Notary Public Commission Expires October 19,2024 My Commission Expires CERTIFICATE October ts,zoza I,Laura B.Guy,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate sealp of said Company this �.�'""'day of �NffS Lt (,�AFALt f-7 _ (�2z L1a tJ Assistant Secretary CJ BDJ 1(08-21)00 it VOID ynca.,.: .t:;..r.5 fine on the rhi.'the 1�t3ponrace w,ter mad:ix misuino;;cex the emie of the..^ex7.e. ......... .,-,.o..,.->. _...... .. _ ',mS�rnw from:he anr Pt ibpli EXHIBIT " B" Signing Authority 2024 FLORIDA LIMITED PARTNERSHIP ANNUAL REPORT FILED ! A �1 DOCUMENT#A03000001100 Apr 29, 2024 6 1 Entity Name: AVE MARIA DEVELOPMENT, LLLP Secretary of Stale 7192521931CC Current Principal Place of Business: 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105-3227 Current Mailing Address: 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105-3227 FEI Number: 20-0228978 Certificate of Status Desired: No Name and Address of Current Registered Agent: SONALIA,JEFFREY S 2600 GOLDEN GATE PARKWAY NAPLES,FL 34105-3227 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: JEFFREY S. SONALIA 04/29/2024 Electronic Signature of Registered Agent Date General Partner Detail : Document# P03000070655 Document# L03000026536 Name BARRON COLLIER CORPORATION Name NUA BAILE,LLC Address 2600 GOLDEN GATE PARKWAY Address 5050 AVE MARIA BLVD City-State-Zip: NAPLES FL 34105-3227 City-State-Zip: AVE MARIA FL 34142 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that 1 am a general partner of the limited partnership or the receiver or trustee empowered to execute this report as required by Chapter 620,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:JEFFREY SONALIA VP OF BARRON COLLIER 04/29/2024 CORPORATION, GP OF AMD, LLLP Electronic Signature of Signing General Partner Detail Date 2024 FLORIDA PROFIT CORPORATION TIc ii ANNUAL REPORT DOCLIMEPTi+ PL3CY300i0655 Feb 21, 2024 1 6 A 1 1 Entity Narrle: BARRON COLLIER OCR PORATIi3 ! Secretary of State f f 21462 2$C Current Principal Plate of Business: 'iaB1 GOLDEN GATE PARKWAY NAPLES. FL 1410 , 2a} cutte et fri ili t Address: 2C101r GOLDEN GATE PARKWAY NAPLES, FL 341135-3221 FEi Niffistb•et: 20-0104023 Certificate of tate.t Desired: }Li Eft.lartie and Address Of Current.Reg isteredyt3t: JET F EY S EiCA..1 GOLDEN GATE PARKWAY rL 241115 1223. L.IS ZrTcSi 2.N1 • ;SLLR:t:i[h'. . .:5:,'S;•t.t[r t. -"f.LINtSz!:,i:,`„.-; . .h;.1:a1 sri:e.f.i ciT:c tt5yil.tltY cc'-..1aori1;•l't5L`I,..i'rrf. ..1'•_'.1'P'.cf."1.... SIGNATURE: JEFFREY A_ SOMALIA 02r+21112324 s yi JIA1•r_L' Agert Officer/Dire trt Detail it 7.ilk/ ti,F, IRECTOR Tiu DIRECTOR' Pt ir.Ir COLLIER,Eve RRI.7..N 111 ',::r e SPROL UL, KAT/!ERNE G A1J1r 2E02 GOLDEN N i i'E.P,'SSI:S1!.'cf Au}e sh. 2EI.l2:COLJEN t:A'E PARKWAY C x,y alri:!'...ii: NAPLES IL Ja 2t.',.12W:a State Zip: NAPLES .'L t.•?.i� �G�.i PRESIDENT, ERECTOR T.0./ DIRECTO Plarill GABLE,R..BLAKESLEC ;._tr•_ b`IL CAE,LAliAR.Ci 9-Hilt:!-. 260E GOLDEN GATE PAQ K',W'.5."'f' ALLl tr,/ 2802 GOLDEN G,V E PAR.K'W'A C t I State LLv: NAPLES FL 141E6 S2.2 2iI`1 SL.ltu Zip; NAPLES IL n'e:+ 'i;.ie.. DIRECTOR T.Lu DIRECTOR tliaile: ALDEN,.PI(?LLI'G `1y;t e i{LSIDE,.CHELSEA lulJil s. 2EO ? 7LL:E`1 CaA E PARKWAY ALxi:rts 2E02 GOLCIEN C.W'C Pa°tl+s'IcA'al'.f Cig+ St.!'.e.i.is NAPLES FL 1.".° s2>•.i it1=t,iit:Zip.: NAPLES IL S4':0: 3227 i ILA t,`P TLC VP+`•.!T:R.'. r�iri:tl, GOGUCN, BRAN ° i:re rONAL ii, 1Lrr 2E02t�OLD=� ri'C PdTdCWAyy ALLI•tt.s i.61..GOLDEN 12-a 7E ^ARM1 W l C I'i ''kt.!�!'.2.1:1: MAPLES TL 341�� 1221 CiL'.Suit/Zip: NAPLES !L S:`�s •�2'2 Continues on pane 2 I►. i,'1.1..a4'2.ti)w:S.w..•a:..,r■i»i.w:r.'1i+:..t:•:u A4,111!`,t�.�n Lth ' la.b.au.,::u.0 .�t:llSArttrtuU•ui�:.a.Ln•.1�:•.1N...ts�...•..i•.1•,14 i•.i:.r..,. uta. ..uc -'..d%Ain IA it: I I I,ti.cry L•1•tnli inp:1M•i1i tJr-.a..I�y.. Lu• :.•i[r,ter�t}:L i.i.•'_Jl,ttr.c'r.�1,Li.t-:�•:Il' i.nr`rii'��•..y:r.rt w.•..n..aAuns,•.t a1.:.110O1.1.Y. IGNATURf :JEFFRE.Y SCNALIA 'P; ,rC 02021l2424 C t_. rr•L:)gr../Ire_t St4rirlc orn i'Direci r Ltiet.:"I Di iC 36A11 OtitceriaTettelr Detint COhtiritjeci :: 16 All Tithe T be VP Name GENSON,C.M.ki D D P....line 741.Si E." MARY A Adizres. 2030 GOLD CP.GYM:PAa<bkrAV ALNItehh 2E45C GDLDEM GA,:t PARICION City Stole Zi APLEE.: ri. :341E6 3:27 1..14$4.ale 2:1.1: NAP L ES FL 1412E 1227 1bA11 EXHIBIT "C" Opinion of Probable Cost 16All 1 of 1 Project: Arthex Commerce Park Phase 2 "NONlik Task: Engineer's OPC for Bonding P E N I N S U LAiii Prepared By: KD Date: 3/21/2024 Checked By: Date: ENGINEERING CONTINGENCY Calculation Summary SUB-TOTAL PERCENT DOLLAR TOTAL EARTHWORK $ 224,228.00 $ - $ 224,228.00 PAVING $ 76,973.90 $ - $ 76,973.90 DRAINAGE $ 301,483.20 $ $ 301,483.20 LANDSCAPE AND LIGHTING $ 469,366.00 $ - $ 469,366.00 POTABLE WATER $ 43,497.33 $ - $ 43,497.33 SANITARY SEWER $ 97,534.72 $ - $ 97,534.72 IRRIGATION $ 254,045.80 $ - $ 254,045.80 TOTAL $ 1,467,128.95 $ - $ 1,467,128.95 EARTHWORK,PAVING,DRAINAGE,LANDSCAPE AND LIGHTING: TOTAL O.P.C.= $ 1,072,051.10 POTABLE WATER,SANITARY SEWER,IRRIGATION: TOTAL O.P.C.= $ 395,077.85 TOTAL $ $ 1,467,128.95 10%Maintenance = 146,712.90 Bond Total $ 1,613,841.85 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 be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor. `O16 J•H6,p'' Digitally signed by David.1 Hurst ``Op''`,'CENsf:.`S>'�'. Reason:This item has been • digitally signed and sealed by *i No.60727 * David J.Hurst on the date * S adjacent to the seal.Printed copies of this document are not ... STATE OF :�c `considered signed and sealed /0.�`.", ,.,3,./.4,-; and the signature must be .,�t`S'••r......• V . verified on any electronic copies. o S/ONZ.k. .° Date:2024.03.2116:28:32-04'00' nnnnnss` David J.Hurst,P.E. FL Registration#60727 Peninsula Engineering Certificate of Authorization#28275 P:\Active_Projects\P-AMD-042\o01_ACP_Phase 2\Submittals\County\Plat Recording\OPC_Detail_Bonding.xlsx 16A11 1 of 5 F, r A ' ' Project: Arthrex Commerce Park Phase 2 v Task: Engineer's OPC for Subdivision Fee Calculations(Rev00) ENGINEERING Prepared By: AJS Date: 9/19/2023 Checked By: DJH Date: 9/19/2023 Calculation Summary SUB-TOTAL TOTAL EARTHWORK $ 224,228.00 224,228.00 PAVING $ 76,973.90 $ 76,973.90 DRAINAGE $ 301,483.20 $ 301,483.20 LANDSCAPE AND LIGHTING $ 469,366.00 $ 469,366.00 TOTAL $ 1,072,051.10 $ 1,072,051.10 NOTES: 1)This Opinion of Probable Cost shall be used for Budgeting Purposes Only. 2)All costs provided in this OPC are based on recent contract prices,or the Engineers'latest known unit costs.These costs cannot be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor. 3) Estimated costs for Lake Excavation are not included within this OPC.Lake Excavation requires a separate review and inspections process. Digitally signed by David J Hurst Pv\�.. 11[/RS Reason:This item has been SF••. digitally signed and sealed by �y;`• No.60727 *'_ DavidJ.Hurstoneda * adjacent to the seal.th Printedte ' A copies of this document are not ;.a'. STATE OF considered signed and sealed %��`�:f.�ORIDp•'G���,�� and the signature must be SS/ONALFa`` verified on any electronic copies. Date:2023.09.20 18:59:09-04'00' David Hurst,P.E. FL Registration#60727 Peninsula Engineering Certificate of Authorization#28275 P:\Active_Projects\P-AMD-042\001_ACP Phase 2\Budgets\Cost_Estimates\OPCWeeCaIc\ACP_Phase2 OPC-CC.xlsx 16 All 2 of 5 Project: Arthrex Commerce Park Phase 2 Task: Engineer's OPC for Subdivision Fee Calculations(Rev00) Prepared By: AJS Date: 9/19/2023 Checked By: DJI-I Date: 9/19/2023 EARTHWORK ID ' DESCRIPTION O T Y UNIT TYPE r UNIT PRICE TOTAL PRICE ' EROSION CONTROL(TURBIDITY BARRIER, INLET EW-1 i PROTECTION, SILT FENCE) 1 LS $ 9,519.00 $ 9,519.00 EW-2 'NDPES MAINTENANCE 6 MONTH $ 600.00 $ 3,600.00 f EW-3 LAKE BANK SODDING(BAHIA) 1 LS $ 46,929.00 $ 46,929.00 EW-4 RIP-RAP 1 LS $ 6,160.00 $ 6,160.00 EW-5 GRADING 1 LS $ 58,020.00 $ 58,020.00 EW-6 TEMPORARY OU T FALL SWALE WITH SOD 1 LS $ 100,000.00 $ 100,000.00 I SUB-TOTAL EARTHWORK= $ 224,228.00 P:Wctive_Projects\P-AMD-042\001_ACP_Phase_2\Budgets\Cost_Estimates\OPC\FeeCaIc\ACP Phase2 OPC-CC.xlsx i6AF1 3 of 5 Project: Arthrex Commerce Park Phase 2 Task: Engineer's OPC for Subdivision Fee Calculations(Rev00) Prepared By: AJS Date: 9/19/2023 Checked By: DJH Date: 9/19/2023 PAVING ID DESCRIPTION Q T Y UNIT TYPE UNIT PRICE r TOTAL PRICE I PAV-1 3/4"ASPHALTIC CONCRETE TYPE S-III(FIRST LIFT) 1 LS $ 10,579.10 $ 10,579.10 PAV-2 3/4"ASPHALTIC CONCRETE TYPE S-III(SECOND LIFT) 1 LS $ 10,579.10 $ 10,579.10 PAV-3 8"LIMEROCK BASE II 1 LS $ 16,464.00 $ 16,464.00 PAV-4 12"STABILIZED SUBGRADE 1 LS $ 3,137.20 $ 3,137.20 PAV-5 TYPE'F'CURB AND GUTTER 1 LS $ 1,042.95 I $ 1,042.95 PAV-6 3'VALLEY CROSSING 1 LS $ 578.65 $ 578.65 PAV-7 4'SIDEWALK VALLEY CROSSING 1 LS $ 2,890.0 j $ 2,890.00 PAV-8 CONCRETE SIDEWALK(4"THICK) 1 LS _ $ 9,584. 90 � $ 9,584.90 PAV-9 ADA DETECTABLE MAT 1 LS $ 2,550.00 $ 2,550.00 SODDING(BETWEEN BACK OF CURB AND SIDEWALK PAV-10 AND 1'BEYOND BACK OF SIDEWALK) 1 LS $ 2,568.00 $ 2,568.00 PAV-11 SIGNAGE&ROADWAY STRIPING 1 LS $ 9,500.00 P $ 9,500.00 f PAV-12 TEMPORARY CONSTRUCTION ACCESS 1 LS $ 7,500.00 $ 7,500.00 I f SUB-TOTAL PAVING= $ 76,973.90 PActive_Projects\P-AMD-042\001_ACP_Phase_2\Budgets\Cost_Estimates\CPC\FeeCaICWCP Phase2_0PC-CC.xlsx 16A11 4 of 5 Project: Arthrex Commerce Park Phase 2 Task: Engineer's OPC for Subdivision Fee Calculations(Rev00) Prepared By: AJS Date: 9/19/2023 Checked By: DJH Date: 9/19/2023 DRAINAGE ID DESCRIPTION QTY UNIT TYPE UNIT PRICE I TOTAL PRICE I DRA-1 15"RCP STORM SEWER p 1 LS I $ 3,791.76 $ 3,791.76I DRA-2 18"RCP STORM SEWER 1 LS $ 28,341.54 I $ 28,341.54 I DRA-3 24"RCP STORM SEWER 1 LS I $ 8,306.20 I $ 8,306.20 DRA-4 36"RCP STORM SEWER 1 LS $ 67,425.00 I $ 67,425.00 DRA-5 42"RCP STORM SEWER 1 I LS $ 95,718.70 I $ 95,718.70 I DRA-6 .•18"HEADWALL if 1 LS $ 20,000.00 I $ 20,000.00 DRA-7 24"HEADWALL 1 LS $ 6,000.00 $ 6,000.00 DRA-8 42"HEADWALL 1 LS $ 20,000.00 $ 20,000.00 I DRA-9 FDOT TYPE'9'INLET 1 LS $ 15,400.00 II $ 15,400.00 I DRA-10 CONTROL STRUCTURE 1 LS $ 19,000.00 $ 19,000.00 DRA 11 DITCH BOTTOM INLET 1 LS $ 5,000.00 $ 5,000.00 I DRA-12 GRATE INLET WITH CONCRETE COLLAR 1 LS $ 5,000.00 $ 5,000.00I DRA-13 REMOVE EXISTING PLUG AND CONNECT TO EX. RCP 1 LS $ 7,500.00 $ 7,500.00 I I I SUB-TOTAL DRAINAGE= $ 301,483.20 P:1Active_Projects\P-AMD-042\001_ACP Phase_2\Budgets\Cost_Estimates\OPC\FeeCelc CP_Phase2_OPC-CC.xlsx 16All 5 of 5 Project: Arthrex Commerce Park Phase 2 Task: Engineer's OPC for Subdivision Fee Calculations(Rev00) Prepared By: AJS Date: 9/19/2023 Checked By: DJH Date: 9/19/2023 LANDSCAPE AND LIGHTING ID r DESCRIPTION O T Y UNIT TYPE UNIT PRICE TOTAL PRICE f LL-1 STREET LIGHTING LITTORALS) LANDSCAPE(COMMON AREA TREES, CODE MIN.AND I 1 LS $ 5,000.00 $ 5,000.00 LL-2 1 LS $ 464,366.00 $ 464,366.00 I I I I I I II I I I I I II I II II I I A II I I I II fl II117-111 I I I II I f SUB-TOTAL LANDSCAPE AND LIGHTING= $ 469,366.00 P:\Active_Projects\P-AMD-0421001_ACP_Pha se_2\Budgets1Cost_Estimates\O PC\FeeCalc\AC P_Phase2_OPC-CC.xl sx 16 All 1 of 4 P E N I N S U L A Project: Arthrex Commerce Park Phase 2 Task: Engineer's OPC for Subdivision Fee Calculations(Rev00) ENGINEERINGt Prepared By: ASJ Date: 9/19/2023 Checked By: DJH Date: 9/19/2023 Calculation Summary SUB-TOTAL TOTAL POTABLE WATER $ 43,497.33 $ 43,497.33 SANITARY SEWER $ 97,534.72 $ 97,534.72 IRRIGATION $ 254,045.80 $ 254 045.80 TOTAL $ 395,077.85 $ 395,077.85 NOTES: 1)This Opinion of Probable Cost shall be used for Fee Calculation Purposes Only. 2)All costs provided in this OPC are based on recent contract prices,or the Engineers'latest known unit costs.These costs cannot be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor. 'mu Digitally signed by David J Hurst �`���`�Pv\DO ENS J. .?"'.. Reason:This item has been .. S!'•. digitally signed and sealed by `�:'• No.60727 t'_ David J.Hurst on the date S adjacent to the seal.Printed copies of this document are not ,a.,. STATE OF :.,` considered signed and sealed a.". .'./Vi and the signature must be „'SS/ONA�PcaG°, verified on any electronic copies. Date:2023.09.20 13:48:21-04'00' David Hurst,P.E. FL Registration#60727 Peninsula Engineering Certificate of Authorization#28275 P:VActive_ProjectsVP-AMD-042\001 ACP_Phase_2\Budgets\Cost_Estimates\OPCVFeeCalc\ACP Phase2_0PC-AMUC.xlsx 16A11 2 of 4 Project: Arthrex Commerce Park Phase 2 Task: Engineer's OPC for Subdivision Fee Calculations(Rev00) Prepared By: ASJ Date: 9/19/2023 Checked By: DJH Date: 9/19/2023 POTABLE WATER ID f DESCRIPTION QTY UNIT TYPE I UNIT PRICE TOTAL PRICE , WAT-1 8"PVC WATER MAIN(C900, DR18) 39 LF $ 43.76 , $ 1,706.64 WAT-2 8"PVC WATER MAIN (C900, DR14) 71 LF $ 53.39 $ 3,790.69 WAT-3 8"GATE VALVE 1 EA $ 2,760.00 . $ 2,760.00 WAT-4 AIR RELEASE VALVE 1 EA $ 2,622.00 $ 2,622.00 1 WAT-5 TEMPORARY BLOW-OFF(INCLUDES GATE VALVE) 1 EA $ 2,760.00 $ 2,760.00 WAT-6 PERM. BACTERIAL SAMPLE POINT(RELOCATED) 1 EA $ 4,858.00 , $ 4,858.00 24"SPLIT STEEL CASING OVER EXISTING 12"PVC WAT-7 WATER MAIN 70 LF $ 250.00 $ 17,500.00 . WAT-8 TESTING 1 I LS $ 3,000.00 $ 3,000.00 HOT-TAP EXISTING 12"PVC WATER MAIN WITH 12"x8" WAT-9 TAPPING SLEEVE 1 EA $ 4,500.00 $ 4,500.00 • f SUB-TOTAL POTABLE WATER= $ 43,497.33 P:Active_Projects\P-AMD-042\001_ACP_Phase_2\Budgets\Cost_Estimates\OPC\FeeCalc\ACP_Phase2_OPC-AMUCAlsx 16All 3 of 4 Project: Arthrex Commerce Park Phase 2 Task: Engineer's OPC for Subdivision Fee Calculations(Rev00) Prepared By: ASJ Date: 9/19/2023 Checked By: DJH Date: 9/19/2023 SANITARY SEWER ID DESCRIPTION QTY UNIT TYPE 11 UNIT PRICE TOTAL PRICE SAN-1 8"SDR 26 PVC GRAVITY SEWER MAIN '12-14'CUT)) I 327 I LF $ 111.36 j $ 36,414.72 SAN-2 4'SANITARY SEWER MANHOLE(12'-14'CUT) 2 EA $ 16,300.00 $ 32,600.00 16"SPLIT STEEL CASING FOR EXISTING 6"PVC FORCE SAN-3 MAIN 70 r--LF $ 225.00 $ 15,750.00 SAN-4 CORE BORE EXISTING MANHOLE 1 EA $ 7,000.00 $ 7,000.00 SAN-5 'TELEVISION INSPECTION 327 LF $ 10.00 $ 3,270.00 SAN-6 TESTING .I 1 LS $ 2,500.00 $ 2,500.00 i SUB-TOTAL SANITARY SEWER= $ 97,534.72 P:\Active_Projects\P-AM D-042\001_ACP_Phase_2\Budgets\Cost_Esti m ales\OPC\FeeCalc\AC P_Phase2_OPC-AM UC.xI sx 16A11 4 of 4 Project: Arthrex Commerce Park Phase 2 Task: Engineer's OPC for Subdivision Fee Calculations(Rev00) Prepared By: ASJ Date: 9/19/2023 Checked By: DJH Date: 9/19/2023 IRRIGATION ID I DESCRIPTION OTY UNIT TYPE UNIT PRICE TOTAL PRICE IRR-1 14"PVC IRRIGATION MAIN(C900,DR18) 217 LF $ 38.50 1 $ 8,354.50 IRR-2 18"PVC IRRIGATION MAIN(C900, DR18) 2,830 LF $ 60.51 $ 171,243.30 IRR-3 10"PVC IRRIGATION MAIN(C900,DR18) 100 LF $ 75.00 $ 7,500.00 IIRR-4 4"GATE VALVE 1 EA $ 1,400.00 $ 1,400.00 IRR-5 8"GATE VALVE 2 EA $ 2,760.00 $ 5,520.00 IRR-6 10"GATE VALVE 2 EA $ 3,250.00 $ 6,500.00 IRR-7 AIR RELEASE VALVE 2 EA $ 2,989.00 $ 5,978.00 IRR-8 20"STEEL CASING FOR 10"PVC IRRIGATION MAIN 70 LF $ 240.00 $ 16,800.00 IRR-9 1-1/2"SINGLE IRRIGATION SERVICE(COMPLETE) B 1 EA $ 1,950.00 $ 1,950.00 IRR-10 2"SINGLE IRRIGATION SERVICE(COMPLETE) I a, EA $ 2,300.00 $ 9,200.00 IRR-11 TEMPORARY BLOW-OFF(INCLUDES GATE VALVE) I 2 EA $ 2,800.00 $ 5,600.00 CUT-IN 10"x6"REDUCER AND CONNECT TO IRR-12 EXISTING 6"PVC IRRIGATION MAIN 1 EA $ 11,500.00 $ 11,500.00 IRR-13 TESTING J 1 LS $ 2,500.00 $ 2,500.00 I SUB-TOTAL IRRIGATION= $ 254,045.80 P:\Active_P rojects\P-AM D-042\001_AC P_P hase_2\Budgets\C ost_E sti m ates\CPC\FeeCalc\ACP_P hase2_OPC-AMU C.xl sx 16 All After recording return to: COLLIER INSURANCE AGENCY,LLC Attn:Brad Stockham 2600 Golden Gate Parkway Naples,Florida 34105 239-262-2600 AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ARTHREX'S PARK OF COMMERCE [Notice of Annexation of Additional Property] This Amendment to Declaration of Covenants, Conditions and Restrictions for Arthrex Commerce Park is executed on this • nct day of April 2024 by Ave Maria Development, LLLP, a Florida limited liability limited partnership ("Declarant"). WHEREAS, Declarant executed and recorded that certain Declaration of Covenants and Conditions and Restrictions for Arthrex Commerce Park in OR Book 4798, Page 1089 of the Public Records of Collier County, Florida, as previously amended (the "Declaration"); and WHEREAS,pursuant to Section 13.2 of the Declaration, Declarant has the unilateral right to add additional lands to the Park by recording a Notice of Annexation(or similar instrument)with respect to such additional property; and WHEREAS, Declarant desires to amend the Declaration for the purpose of adding the lands described in Exhibit"A", attached hereto (the "2024 Annexed Property")to the Park. NOW, THEREFORE,pursuant to its rights under the Declaration, the Declarant hereby declares that at all times hereafter the 2024 Annexed Property shall be included in the Park and shall be subject to the terms and conditions of the Declaration. IN WITNESS HEREOF, the Declarant hereby executes this Amendment and Notice of Annexation effective as of the date this instrument is recorded in the Public Records of Collier County, Florida. 1 6 All Signed in the presence of these AVE MARIA DEVELOPMENT,LLLP,a Florida limited witnesses: liability limited partnership, Witness:<�: L, C� By: BARRON COLLIER CORPORATION, a Florida Print Name:S,1,:r`g C, , r d_ corporation, its anaging Partner Address: 2.67 L4,0 lei e.4C.�4e Ilkw1 iec Pr, 31,104 By: Name: Brian Goguen Title: Vice President 1 Witness: i, , .., A ,�.i� " L..A Print Name:-- r 1_1. ►� : i. •ri(j. Address: ,A 6 • , M7 .►Ie nyi,I A STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me - in person or by online notary on this ,,/,,‘,, day of i4 t)( ', , 2024, by Brian Goguen,Vice President of Barron Collier Corporation, a Florida corporation,as Managing Partner of and on behalf of Ave Maria Development, LLLP, a Florida limited liability limited partnership,who is H"personally known to me or L] who has produced as identification. Notary Public //'' II [SEAL] Print Name: Tin- b. DAriO5Or'N ,,, _ _ _ _ _ _ _ _ _ _ - — My Commission Expires: „ „-19-A02_(‘ 1 ..'i l Pos KIM D.DAVIDSON _% ��� Notary Public•State of Florida `-y c`1 Commission#HH 2O1 B26 1 "••'.?'oF fv°~'` My Comm.Expires Feb 19,2026 A Bonded through National Notary Assn. • 16A11 Signed in the presence of these AVE MARIA DEVELOPMENT,LLLP, a Florida limited witnesses: liability limited partnership, Witness: lz- By: NUA BAILE, LLC, a Florida limited liability company, a Print Name general p Address: , l By: Name: Paul R. R e t Title: President Witness;- Q' Print Name: Address: 24 .411 V_l ( 9 Dr. iko OLY � \ `+ 3to5- STATE OF r4 Q H)A /14 l6A COUNTY OF COE-HER L4J1 H I he foregoing instrument was acknowledged before men person or by online notary on this _'./! day of ,4 PA)L, 2024, by Paul R. Roney, as President of NUA BAILE, LLC, a Florida limited liability company, as a general partner of and1on behalf of Ave Maria Development, LLLP,a Florida limited liability limited partnership, who is [personally known to me or[] who has produced as identification. /-07/7v4acie Notary Public [SEAL] Print Name: ft....tu j e h . ieJ DE1 My Commission Expires: 7 LUCIE A.RAMSDELL NOTARY PUBLIC,STATE OF MI COUNTY OF WASHTENAW MY COMMISSION EXPIRES J 14,2027 �y i1Gt1IN0 IN COUNTY OF ( - 2'i 1. 6 A 1 1 Mortgagee Joinder: Barron Collier Partnership, LLLP, a Florida limited liability company and successor by merger with Barron Collier Investments, Ltd., a Florida limited partnership ("BCP") and AMULT, LLC, a Florida limited liability company ("AMULT") (BCP and AMULT are collectively referred to as the "Mortgagee"), being the owners and holders of (a) that certain Mortgage and Security Agreement recorded in O.R. Book 6057, page 2620 of the public records of Collier County, Florida, and (b) that certain Mortgage and Security Agreement recorded in O.R. Book 6154, page 0807 of the public records of Collier County, Florida (collectively, the "Mortgages"), which Mortgages encumber portions of the 2024 Annexed Property, hereby joins in the foregoing Amendment and Notice of Annexation for the purpose of consenting to the inclusion of the 2024 Annexed Property and acknowledges and agrees that hereafter, the Mortgages shall be subject and subordinate to the Declaration. Signed in the presence of these witnesses: BARRON COLLIER PARTNERSHIP,LLLP, a Florida limited liability limited partnership, as a tenant in common Witness: �;�; —�-�- - with AMULT, LLC Print Name: Sbc„ E_ Address: By: Barron Collier Management, LLC, 2to636 Go IA. (owe I.cu,t, a Florida limited liability company Monts Ft_, .- 4.►/1,5r- I Its: General Partner Witness: CA 0 Print Name: Address: By: Z\10U \C)eln to P ►��CJ�.Q�l S t �C 34\cn Brian Goguen, Ch f vestment Officer STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me in person or by online notary on this p' „a day of April, 2024, by Brian Goguen, as Chief Investment Officer of Barron Collier Management, LLC, a Florida limited liability company, General Partner of Barron Collier Partnership,LLLP, a Florida limited liability limited partnership, on behalf of said partnership,who 'is personally known to me or [J has produced as identification. ( )•QaA-ta - Notary Public'' —� Print Name:o1`�//i"II v;d`Sdr• My Commission Expires: 2—IC - ; Ypoe•., KIM D.DAVIDSON ?%•,4\ :\ Notary Public-State or Florida • =ado Commission#HH 2O1826 1 `� or�9t` My Comm.Expires Feb 19,2026 0 .. Bonded through National Notary Assn. 0 1 6 411 Signed in the presence of these AMULT,LLC, a Florida limited liability company,as a witnesses: tenant in common with Barron Collier Partnership, LLLP !� - Witness: .-.- By:Ave Maria University Land Trust,Inc.,Managing Print Name: c,r-.51,,, 6,s z . Member Address: S'. (_ z-. _ 3 L 1N er-t 1' G- AL/, %-t By: r- f Ailar;,- Eugene A in,President Witness: Print Name: ,!CZ Address: ,v L STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me ✓ in person or by online notary on this day of April,2024,by j,1 ,as of Ave Maria University Land T u t,Inc.,managing member of AMULT,LLC,a Florida limited liability company, who ilersonally known to me or who has produced as identification. Xat..i440 wP Notary Public Print Name: =L(?I Orec bee en(,(cu My Commission Expires: • LAURA-LEE FENUCCIC MY COMMISSION#NH 458804 •••fOFop•• EXPIRES:February 19,2028 16A11 Exhibit"A" [attach legal description and sketch of 2024 Annexed Property] 16A11 LEGAL DESCRIPTION OF PART OF TRACT "LI",AVE MARIA PHASE ONE,PLAT BOOK 46, PAGES 16 THROUGH 29, AND PART OF SECTION 17,TOWNSHIP 48 SOUTH,RANGE 29 EAST, COLLIER COUNTY,FLORIDA. (2024 ANNEXED PROPERTY) BEGINNING AT THE SOUTHEAST CORNER OF TRACT"B"OF THE PLAT OF ARTHREX COMMERCE PARK AS RECORDED IN PLAT BOOK 51,PAGES 76 THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE ALONG THE BOUNDARY OF SAID PLAT FOR THE FOLLOWING SEVEN(7)DESCRIBED COURSES: 1. 181.06 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 574.02 FEET THROUGH CENTRAL ANGLE OF 18°04'21"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 25°39'43" WEST 180.31 FEET; 2.NORTH 34°41'54" WEST 251.15 FEET; 3. 560.79 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 926.00 FEET THROUGH A CENTRAL ANGLE OF 34°41'54"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 17°20'57" WEST 552.26 FEET; 4.NORTH 00°00'00"EAST 467.78 FEET; 5.NORTH 90°00'00"WEST 234.50 FEET; 6. 556.54 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE NORTH HAVING A RADIUS OF 750.00 FEET THROUGH A CENTRAL ANGLE OF 42°31'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 68°44'31"WEST 543.86 FEET TO A POINT OF REVERSE CURVATURE; 7.435.63 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 923.82 FEET THROUGH A CENTRAL ANGLE OF 27°01'04"AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 60°59'33"WEST 431.60 FEET; THENCE LEAVING SAID BOUNDARY ALONG A LINE NON-TANGENT TO SAID CURVE,NORTH 89°21'14"EAST,A DISTANCE OF 4,861.65 FEET TO A POINT ON THE EASTERLY BOUNDARY OF TRACT"L1"OF THE PLAT OF AVE MARIA PHASE ONE,AS RECORDED IN PLAT BOOK 46, PAGES 16 THROUGH 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE ALONG SAID EASTERLY BOUNDARY FOR THE FOLLOWING NINE(9)DESCRIBED COURSES: 1.435.89 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 2,053.00 FEET THROUGH A CENTRAL ANGLE OF 12°09'54" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05°26'11" WEST 435.07 FEET; 2. SOUTH 11°31'08" WEST 132.90 FEET; 3. 682.61 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,147.00 FEET THROUGH A CENTRAL ANGLE OF 18°12'59"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°24'38" WEST 679.74 FEET; 4. SOUTH 06°41'51"EAST 16.52 FEET; 5. 35.15 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,150.20 FEET THROUGH A CENTRAL ANGLE OF 00°56'12"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 07°09'57"EAST 35.15 FEET TO A POINT OF COMPOUND CURVE; 6. 11.24 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 149.00 FEET THROUGH A CENTRAL ANGLE OF 04°19'21"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 09°47'44"EAST 11.24 FEET; 7. SOUTH 11°57'25"EAST 33.19 FEET; 8. 144.99 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 201.00 FEET THROUGH A CENTRAL ANGLE OF 41°19'51"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 08°42'31"WEST 141.87 FEET; 16A11 9. 166.06 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 199.00 FEET THROUGH A CENTRAL ANGLE OF 47°48'43"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05°28'05" WEST 161.28 FEET TO THE NORTHEAST CORNER OF TRACT"Cl"OF SAID PLAT; THENCE ALONG THE BOUNDARY OF SAID TRACT"Cl"FOR THE FOLLOWING TWO(2) DESCRIBED COURSES: 1.ALONG A LINE NON-TANGENT TO SAID CURVE,SOUTH 88°58'07"WEST,A DISTANCE OF 210.74 FEET; 2. SOUTH 01°07'23"EAST 127.55 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 88°57'05" WEST 2,215.48 FEET; THENCE SOUTH 88°55'37" WEST 815.53 FEET TO THE POINT OF BEGINNING. CONTAINING 152.92 ACRES MORE OR LESS. LESS AND EXCEPT THE FOLLOWING DESCRIBED LANDS: COMMENCING AT THE NORTHWEST CORNER OF TRACT"C-1"OF AVE MARIA PHASE ONE,A SUBDIVISION ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 46,PAGES 16 THROUGH 29,PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE NORTH 13°45'28" EAST 1,053.39 FEET TO THE POINT OF BEGINNING; THENCE 38.40 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 25.00 FEET THROUGH CENTRAL ANGLE OF 88°00'57"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 54°01'21" WEST 34.74 FEET; THENCE NORTH 81°58'10"WEST 31.32 FEET; THENCE 644.07 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTH HAVING A RADIUS OF 650.00 FEET THROUGH A CENTRAL ANGLE OF 56°46'23"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 69°38'38"WEST 618.04 FEET TO A POINT OF REVERSE CURVATURE; THENCE 372.59 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 550.00 FEET THROUGH A CENTRAL ANGLE OF 38°48'51"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 60°39'52" WEST 365.51 FEET; THENCE NORTH 00°38'46" WEST 957.06 FEET; THENCE NORTH 89°21'14"EAST 1,046.15 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF AVE MARIA BOULEVARD,TRACT"R",OF AFOREMENTIONED AVE MARIA PHASE ONE; THENCE,ALONG SAID RIGHT-OF-WAY LINE FOR THE FOLLOWING THREE(3)DESCRIBED COURSES: 1.375.88 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 2,053.00 FEET THROUGH A CENTRAL ANGLE OF 10°29'25" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 06°16'26"WEST 375.35 FEET; 2.SOUTH 11°31'08"WEST 132.90 FEET; 3.56.37 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,147.00 FEET THROUGH A CENTRAL ANGLE OF 01°30'16"AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 10°46'00"WEST 56.37 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF THE PLAT OF DEL WEBB NAPLES PARCELS 307-310 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA AS RECORDED IN PLAT BOOK 73,PAGES 70-76 BEING NORTH 89°21'14"EAST.