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Backup Documents 09/12/2023 Item #16A 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE _. _. l(,! .. ..^��: _.. ,�...b!1( 1:,).`.i17t I.11C';'. Nl t!t'; i .'.} �n'19;In n3t Y. t **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners CU.Oh , (,01(4/ y 5. Minutes and Records Clerk of Court's Office 1017 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/ Department Agenda Date Item was 09/12/23 Agenda Item Number 16.A.2 Approved by the BCC Type of Document Plat Number of Original 1 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 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 09/12/23 and all changes made during ,Q N/A is not the meeting have been incorporated in the attached document. The County 0 P t 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 N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the ,) an option for Chairman's signature. 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 16A2 Prepared By and Return To: Cheryl L.Hastings,Esq. GUNSTER,YOAKLEY&STEWART,P.A. 5551 Ridgewood Drive,Suite 501 Naples,Florida 34108 (space above line for official use only) SIXTEENTH AMENDMENT AND SUPPLEMENT TO THE DECLARATION OF COVENANTS,RESTRICTIONS AND EASEMENTS FOR MAPLE RIDGE AT AVE MARIA CC AVE MARIA,LLC,a Florida limited liability company,as Developer of Maple Ridge at Ave Maria, hereby amends the Declaration of Covenants, Restrictions and Easements for Maple Ridge at Ave Maria, recorded at Official Record Book 4958, Page 0857, et. seq.; as amended by the following amendments recorded in the Official Records of Collier County,Florida: a) First Amendment and Supplement to the Declaration of Covenants,Restrictions and Easements for Maple Ridge at Ave Maria, recorded at Official Records Book 5012, Pages 3688 through 3690; b) Second Amendment and Supplement to the Declaration of Covenants, Restrictions and Easements for Maple Ridge at Ave Maria,recorded at Official Records Book 5066,Pages 1827 through 1829; c) Third Amendment to the Declaration of Covenants, Restrictions and Easements for Maple Ridge at Ave Maria, recorded at Official Records Book 5066,Pages 1830 through 1832; d) Fourth Amendment and Supplement to the Declaration of Covenants, Restrictions, and Easements for Maple Ridge at Ave Maria,recorded at Official Records Book 5100,Pages 0465 through 0474; e) Fifth Amendment and Supplement to the Declaration of Covenants, Restrictions, and Easements for Maple Ridge at Ave Maria,recorded at Official Records Book 5115,Pages 2143 through 2148; f) Sixth Amendment and Supplement to the Declaration of Covenants, Restrictions; and Easements for Maple Ridge at Ave Maria,recorded at Official Records Book 5204,Pages 1803 through 1809; g) Seventh Amendment and Supplement to the Declaration of Covenants, Restrictions, and Easements for Maple Ridge at Ave Maria,recorded at Official Records Book 5251,Pages 786 through 791; h) Eighth Amendment and Supplement to the Declaration of Covenants, Restrictions, and Easements for Maple Ridge at Ave Maria,recorded at Official Records Book 5290,Pages 2618 through 2623; i) Ninth Amendment and Supplement to the Declaration of Covenants, Restrictions, and Easements for Maple Ridge at Ave Maria,recorded at Official Records Book 5502,Pages 1948 through 1954; Page 1 of 8 16A2 j) Tenth Amendment and Supplement to the Declaration of Covenants, Restrictions, and Easements for Maple Ridge at Ave Maria,recorded at Official Records Book 5521,Pages 1544 through 1550; k) Eleventh Amendment and Supplement to the Declaration of Covenants, Restrictions, and Easements for Maple Ridge at Ave Maria,recorded at Official Records Book 5536,Pages 3036 through 3042; 1) Twelfth Amendment and Supplement to the Declaration of Covenants, Restrictions and Easements for Maple Ridge at Ave Maria recorded in Official Records Book 5695,Pages 962 through 969; m) Thirteenth Amendment and Supplement to the Declaration of Covenants, Restrictions and Easements for Maple Ridge at Ave Maria recorded in Official Records Book 5754,Pages 1205 through 1212; n) Fourteenth Amendment to the Declaration of Covenants,Restrictions and Easements for Maple Ridge at Ave Maria recorded in Official Records Book 6155, Pages 3845 through 3850; and o) Fifteenth Amendment to the Declaration of Covenants, Restrictions and Easements for Maple Ridge at Ave Maria recorded in Official Records Book 6203, Pages 2705 through 2712; as follows: 1. Pursuant to Section 2.2 of the Declaration, Developer hereby subjects the property described in the Maple Ridge at Ave Maria Phase 8 plat recorded in Plat Book Pages through ,of the Public Records of Collier County,Florida(the"Additional Property") to the Declaration. From and after the date hereof, all references in the Declaration to"Property"shall hereafter include the Additional Property. 2. Pursuant to the provisions of Article 18, Section 18.1, the definition of"Plat" in Section 1.1(bb) is hereby revised as follows to include the Additional Property (deleted terms are shown as strikethrough and added terms are underlined): "Plat" means, collectively, the Maple Ridge at Ave Maria Phase 1 plat recorded in Plat Book 54,Pages 42 through 47;the Maple Ridge at Ave Maria Phase 2 plat recorded in Plat Book 54,Pages 87 through 91;the Maple Ridge at Ave Maria Phase 3 plat recorded in Plat Book 56, Pages 41 through 49; the Maple Ridge at Ave Maria, Phase 4 plat recorded in Plat Book 60,Pages 85 through 90;the Maple Ridge at Ave Maria,Phase 5A plat recorded in Plat Book 64, Pages 12 through 19; the Maple Ridge at Ave Maria, Phase 5B plat recorded in Plat Book 64, Pages 42 through 48; the Maple Ridge Amenity Center at Ave Maria plat recorded in Plat Book 63, Pages 7 through 8; the Maple Ridge Phase 6A plat recorded in Plat Book 66, Pages 56 through 57; the Maple Ridge Phase 6B plat recorded in Plat Book 66, Pages 75 through 80; the Maple Ridge at Ave Maria Phase 7A plat recorded in Plat Book 10, Pages 28 through 34; the Maple Ridge at Ave Maria Phase 7B plat recorded in Plat Book 12, Pages 28 through 36; the Maple Ridge at Ave Maria Phase 8 plat recorded in Plat Book Pages through ;_the Coquina at Maple Ridge Phase 1 plat recorded in Plat Book 57, Pages 55 through 57; the Coquina at Maple Ridge Phase 2 and Phase 3 plat recorded in Plat Book 61,Pages 31 through 35;the Maple Ridge Estates Model Lots plat recorded in Plat Book 57, Pages 87 through 88; the Maple Ridge Reserve at Ave Maria,Phase 1,plat recorded in Plat Book 59,Pages 51 through 53; the Silverwood at Ave Maria (Phase 1) plat recorded in Plat Book 63, Pages 95 through Page 2 of 8 16A2 102; the Silverwood at Ave Maria (Phase 2) plat recorded in Plat Book 67, Pages 88 through 93; the Silverwood at Ave Maria(Phase 3 and 4) plat recorded in Plat Book 73, Pages 1 through 6; and the Hampton Village Phase 1 Replat recorded in Plat Book 53, Pages 82 and 83; of the Public Records of the County. 3. Exhibit A to the Declaration is hereby replaced in its entirety with the attached Exhibit A. 4. Those terms not defined herein shall have the same meaning as defined in the Declaration. Except as specifically amended hereby, the Declaration as heretofore filed and recorded shall remain in full force and effect. IN WITNESS WHEREOF, CC AVE MARIA, LLC, has caused this Amendment to be executed this 2.s' day of •:\ ,k,_„A 2024. Signed, Sealed and Delivered in the Presence of: CC AVE MARIA,LLC, a Florida limited liability company ..� L. .1.,1�_ Witness #1 Y — I' c�L—;J,r >__. 4. A,.-tt. Printed Name Witness #1 By: (2).1._ Witness #2' Brian Goguen, as Vice P ent J\r/ I{:i.//LZ M 41,'ii1_ Ftrinted Ntdme Witness #2 STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that the foregoing instrument was acknowledged before me by means of El physical presence or El online notarization, this ,- '• day of L ,t Lt i . 2024, by Brian Goguen,as Vice President of CC AVE MARIA,LLC,a Florida limited liability company,on behalf of said company,who is personally known to me or who produced as identification. h Cc) (:-. 4 r9VYN (SEAL) NotaFy Public :,iiRY P`oe• KIM D.DAVIDSON i W:i r.'=_ Notary Public-State of Florida '_� Commissio xpirn R NH 2O1826 -'�ocA°: My Comm.Ees Feb 19,2026 Bonded through National Notary Assn. Page 3 of 8 16A2 EXHIBIT A ALL OF THE REAL PROPERTY DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE AT AVE MARIA PHASE 1 RECORDED IN PLAT BOOK 54,PAGES 42 THROUGH 47. AND ALL OF THE REAL PROPERTY DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE AT AVE MARIA PHASE 2 RECORDED IN PLAT BOOK 54,PAGES 87 THROUGH 91,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND ALL OF THE REAL PROPERTY DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE AT AVE MARIA PHASE 3 RECORDED IN PLAT BOOK 56,PAGES 41 THROUGH 49,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND ALL OF THE REAL PROPERTY DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE AT AVE MARIA PHASE 4 RECORDED IN PLAT BOOK 60,PAGES 85 THROUGH 90,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND ALL OF THE REAL PROPERTY DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE AT AVE MARIA PHASE 5A RECORDED IN PLAT BOOK 64, PAGES 12 THROUGH 19, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND ALL OF THE REAL PROPERTY DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE AT AVE MARIA PHASE 5B RECORDED IN PLAT BOOK 64, PAGES 42 THROUGH 48, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND ALL OF THOSE LANDS DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE AMENITY CENTER AT AVE MARIA RECORDED IN PLAT BOOK 63, PAGES 7 THROUGH 8; OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND ALL OF THOSE LANDS DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE PHASE 6A RECORDED IN PLAT BOOK 66, PAGES 56 THROUGH 57; OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND Page 4 of 8 16A2 ALL OF THOSE LANDS DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE PHASE 6B RECORDED IN PLAT BOOK 66 PAGES 75 THROUGH 80; OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND ALL OF THOSE LANDS DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE PHASE 7A RECORDED IN PLAT BOOK 10, PAGES 28 THROUGH 34; OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND ALL OF THE REAL PROPERTY DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE PHASE 7B RECORDED IN PLAT BOOK 12, PAGES 28 THROUGH 36; OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND ALL OF THE REAL PROPERTY DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE PHASE 8 RECORDED IN PLAT BOOK ,PAGES THRO H • • THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND ALL OF THOSE LANDS DESCRIBED AS COQUINA AT MAPLE RIDGE PHASE 1, PER PLAT BOOK 57, PAGES 55 THROUGH 57, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT TRACT "A", TRACT"C"AND TRACT"D" OF SAID PLAT AND LESS THAT PORTION OF TRACT "R", BECKTON ROAD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT"C"OF SAID PLAT OF COQUINA AT MAPLE RIDGE PHASE 1; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT"C"AND THE NORTHERLY LINE OF SAID TRACT "R" BECKTON ROAD, NORTH 74°13'35" EAST FOR 74.77 FEET TO THE SOUTHEAST CORNER OF SAID TRACT"C"; THENCE LEAVING SAID LINE SOUTH 15°46'25" EAST FOR 44.00 FEET TO A POINT ON THE SOUTHERLY LINE OF TRACT"R"BECKTON ROAD; THENCE ALONG THE SOUTHERLY LINE OF TRACT "R" BECKTON ROAD, SOUTH 74°13'35" WEST FOR 74.77 FEET TO THE SOUTHWEST CORNER OF SAID TRACT"R"BECKTON ROAD; THENCE ALONG THE WESTERLY LINE OF SAID TRACT "R" BECKTON ROAD NORTH 15°46'25" WEST FOR 44.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINS 3290 SQUARE FEET(0.08 ACRES). SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AND Page 5 of 8 16A2 ALL OF THOSE LANDS DESCRIBED AS COQUINA AT MAPLE RIDGE PHASE 2 AND PHASE 3, PER PLAT BOOK 61, PAGES 31 THROUGH 35, OF THE PUBLIC RECORDS OF COLLIER COUNTY. AND ALL OF THOSE LANDS DESCRIBED AS MAPLE RIDGE ESTATES MODEL LOTS PLAT, AS RECORDED IN PLAT BOOK 57,PAGE 87 THROUGH 88,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND ALL OF THE REAL PROPERTY DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE RESERVE AT AVE MARIA, PHASE 1, RECORDED IN PLAT BOOK 59, PAGES 51 THROUGH 53, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND ALL OF THOSE LANDS DESCRIBED IN THAT CERTAIN PLAT OF SILVERWOOD AT AVE MARIA (PHASE 1) RECORDED IN PLAT BOOK 63, PAGES 95 THROUGH 102, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND ALL OF THOSE LANDS DESCRIBED IN THAT CERTAIN PLAT OF SILVERWOOD AT AVE MARIA (PHASE 2) RECORDED IN PLAT BOOK 67, PAGES 88 THROUGH 93, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND ALL OF THE REAL PROPERTY DESCRIBED IN THAT CERTAIN PLAT OF SILVERWOOD AT AVE MARIA (PHASE 3 AND 4)RECORDED IN PLAT BOOK 73, PAGES 1 THROUGH 6, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. AND ALL OF THOSE LANDS DESCRIBED IN THAT CERTAIN PLAT OF HAMPTON VILLAGE PHASE 1 REPLAT RECORDED IN PLAT BOOK 53, PAGES 82 AND 83; OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Page 6 of 8 16A2 JOINDER ND CONSENT This Joinder and Consent is given this,joday of S'cpi-TembeR. , 2024, by WELLS FARGO BANK,NATIONAL ASSOCIATION("Mortgagee"),the owner and holder of a Mortgage and Security Agreement and Fixture Filing recorded in Official Records Book 4987, page 234E securing the principal amount of $28,000,000.00; as modified in Official Records Book 5057, Page 3130; Official Records Book 5074,Page 476;together with UCC Financing Statement recorded in Official Records Book 4987, Page 2373; Modification recorded in Official Records Book 5138, Page 3902 (Coquina Ph 1), together with UCC Financing Statement recorded in OA. Book 5138, Page 3912; IVIodification recorded in Official Records Book 5237, Page 2996, together with UCC Financing Statement recorded in Official Records Book 5237,Page 3007;Modification recorded in Official Records Book 528'',Page 2445(Coquina Ph 2 only), together with UCC Financing Statement recorded in Official Records Book 5284, Page 2458 (Coquina Ph 2 only); Modification recorded in Official Records Book 5406, Page 2935 (Coquina Ph 3), together with UCC Financing Statement recorded in Official Records Book 5406, Page 2956(Coquina Ph 3); Mortgage Modification and Cross-Collateralization recorded in Official Records 5487, Page 3047; Mortgage Modification recorded in Official Records Book 5526, Page 3539 (MR 5A, MR 5B, MR 6A); Mortgage Modification Agreement and Certificate of Future Advance recorded in Official Records Book 5607, Page 374(MR 6B); Mortgage Extension Agreement recorded in Official Records Book 5'77i, Page 3724; Mortgage Modification Agreement recorded in Official. Records Book 5848, Page 915; Mortgage Modification Agreement recorded in Official Records Book 6003, Page 2004; all of the Public Records of Collier County, Florida(collectively,the"Loan Documents"). Whereas, for good and valuable consideration, the receipt of which is hereby acknowledged, Mortgagee has been requested to join in and consent to the Sixteenth Amendment and Supplement to the Declaration of Covenants,Restrictions and Easements for Maple Ridge at Ave Maria,of the Public Records of Collier County,Florida to which this Joinder and Consent is attached. Now, therefore, for good and valuable consideration, receipt of which is hereby acknowledged, Mortgagee hereby consents to and joins in the recordation of Sixteenth Amendment and Supplement to the Declaration of Covenants, Restrictions and Easements for Maple Ridge at Ave Maria and the Loan Documents are subject to the terms thereof. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE TO FOLLOW.] Page 7 of 8 16A2 fN WITNESS WHEREOF, Mortgagee has executed this Joinder and Consent the date first above written. Signed, sealed and delivered MORTGAGEE: in the presence of: WELLS FARGO BANK,NATIONAL ASSOCIATION \ ' \- 1 By: 04,,j•J- le&44 Wi •ss i%% r Print Name: 440/L1A le44r1,it14( Printed WIMP of Witness 41 C11 v C 1‘4.(G4A$ Title: .(6+,.3„. ,4 ii lrer4 L' -- s,Lt,.l CL t,ak__ v,.. Witness #2 P'1 at,- Printed Name of Witness 42 100A ,, c‘_ cjoivki,, • STATE OF NORAIN Car-)1•,�C., COUNTY OF Forzc, I HEREBY CERTIFY that the foregoing instrument was acknowledged before me by means of 12-' physical presence or CI online notarization, this it) day of Se.02 ,be` 2024, by F4nn i3� a $aj,nisic ,as Son1�.Z AVP of Wells Fargo Bank,National Association,on behalf of said bank, who is personally known to me(Yes)(No)or who produced as identification. (SEAL) .N _ Notary Public ,, Donald Galyean NOTARY PUBLIC Forsyth County,NC My Commission Expires January 30,2025 Page 8 of 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE **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) (l.ist in routing order) Office _ Initials Date 1. 2. 3. County Attorney Office County Attorney Office ovr to i Li 4. BCC Office Board of County Commissioners ( / lOhfri 5. Minutes and Records Clerk of Court's Office ( I� Y /17 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/ Department Agenda Date Item was 09/12/23 Agenda Item Number 16.A.2 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) I. 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 09/12/23 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County /,,�( an option_for Attorney's Office has reviewed the changes, if applicable. VV v this line. _ 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made,and the document is ready for the O n( an option for Chairman's signature. 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 16A2 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISON IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this --H day of September , 20 24 between CC Ave Maria,LLC hereinafter referred to as"Developer", and Board of County Commissioners of Collier County, Florida, hereinafter referred to as the"Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of certain plat of a subdivision to be known as: Maple Ridge at Ave Maria Phase 8 B. Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: roadways,storm drainage, landscaping, and utilities 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$4,428,612.16 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 16A2 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 '-'^ day of September 20 24 SIGNED IN THE PRESENCE OF: (Name of Entity) '7It44t CC Ave Maria, LLC Witness: Ern I I S iTa c5 el By: 7 � Printed Name: v ;(r , 1 H (1 nceU� Brian Goguer ,,�Vice President Witness: Printed Name/Title (President,VP,or CEO) MA / (Provide Proper Evidence of Authority) Printed Name: (� ATTEST: . - CRYSTAL K.KINZEL,CLERK BOARD OF COUNTY COMMISSIONERS OF . IE COUNT. ,FLORIDA By' 1 st`es to Ch.3;rn-:416 Deputy CI r ' RH l ALL 1 CW Si12'1 A signature eni/ _ App v d as to form and legality: ‘,..46.)L_z 0 i) gliAl/ Assistant County Attorney 11/23/2021 Page 2 of 2 16A2 EXHIBIT "A" Performance Security 16A2 PERFORMANCE BOND BOND NO. 7901079781 KNOW ALL PERSONS BY THESE PRESENTS: that CC Ave Maria, LLC 2020 Salzedo Street, Suite 200 Coral Gables, Florida 33134 (Hereinafter referred to a "Owner") and Nationwide Mutual Insurance Company 1100 Locust Street Des Moines, IA 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 aggregate sum of Four Million Four Hundred Twenty-Eight Thousand Six Hundred Twelve and Sixteen Cents Dollars ($ 4,428,612.16 ) 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 Maple Ridge at Ave Maria Phase 8 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 16A2 Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations.The term "Amendment", wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 5-* day of September, 2024. • WITNESSES: CC Ave Maria, LLC E m, 11 S t rase( By. ��--/�'�e�, Printed Name Brian Goguen, Vice Pr�sitleht VONI ----- Printed Name (Provide Proper Evidence of Authority) Lttuv in -r_41bil , • 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 'DAY OF September, 2024, by Brian Goguen AS Vice President OF CC Ave Maria, LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public—State of Fto cck... ma :•• Pia.. KIM D.DAVIDSON ':° ��' Notary Public•State of Florida (SEAL)-'' - Q �,,, , J n_'y + � a Commission HFI 201825 HDo_") mow"rLOIV=/ `'',t'oF F.?/ My Comm.Expires Feb 19,2026 , Bonded through National Notary Assn.0 �� ► _ — Printed Name _ 4tv i • ' WITNESSES: Natio9'Q idle Mutual Insure ce1 Company f ,/ By •• i r/J J ty4\ lit Lauren Bradley Charity A. Moser,Attorney-In-Fact Doris Wiggins 1 6 A 2 ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF ❑ PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS 5th DAY OF September, 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. Notary Public—State of -{ (jl(1 , (SEAL) ,`o��SNA....... .., ''�', \JR(W j f s ' my commiSSION `• Printed Name 1�15111� �� • ( �L�(Z�j - EXPIRES 2 6 2© • s' r Or . 16A2 Power of Attorney 0000083060 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; 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 penalties not exceeding the sum of UNLIMITED 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 1st day of April,2024. Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT Walt isulrls. STATE OF NEW YORK COUNTY OF KINGS:ss 04t.•• �`� On this 1st day of April,2024,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 *.SEAL 11 preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed hereto is the corporate seal of said Company,and the said corporate seal and his signature 111\111111 were duly affixed and subscribed to said instrument by the authority and direction of said Company. Sharon Laburda Notary Public,State of New York No.01LA6427697 Qualified in Kings County Notary Public Commission Expires January 3,2026 My Commission Expires CERTIFICATE January 3,2026 I,Lezlie F.Chimienti,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 seal of said Company this '44'11 day of r- , . Assistant Secretary BDJ 1(04-24)00 This document is void if VOID appears in the BLUE line on the right,the Nationwide watermark is missing from the center of the page and/or the red consecutive number is missing from the upper • 16A2 EXHIBIT " B" Signing Authority 16A2 OPERATING AGREEMENT OF CC AVE MARIA,LLC DATED AS OF APRIL 2,2013 (00028951;1) M1AMI 859483 vl(2K) 16A2 OPERATING AGREEMENT OF CC AVE MARIA,LLC This OPERATING AGREEMENT OF CC AVE MARIA, LLC (the "Company"), is dated as of April 2, 2013, by CC AVE MARIA HOLDINGS, LLC, a Florida limited liability company (the "Member" and together with any subsequently admitted Member, if any, the "Members"). All capitalized terms used herein shall have the meaning provided in Exhibit A hereto. WITNESSETH: WHEREAS, the Member desires to set forth its benefits, rights, duties and obligations with respect to the Company; and NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,the party hereto does hereby covenant and agree as follows: ARTICLE 1. DEFINED TERMS As used herein: 1.1 "Act" shall mean the Florida Limited Liability Company Act (currently Chapter 608 of the Florida Statutes), as amended from time to time. 1.2 "Agreement" shall mean this Operating Agreement of CC AVE MARIA, LLC, as amended from time to time. 1.3 "Articles of Organization" shall mean the Articles of Organization of CC AVE MARIA, LLC, as amended from time to time. 1.4 "Company" shall mean CC AVE MARIA, LLC, a Florida limited liability company. 1.5 "Financial Statements"shall have the meaning ascribed to it in Section 8.2. 1.6 "Member(s)" shall have the meaning ascribed to it in the introductory paragraph of this Agreement. 1.7 "Membership Interest" shall have the meaning ascribed to it in Section 4.1. 1.8 "Notices"shall have the meaning ascribed to it in Section 12.2. {00028951; I} MIAMI 859483 vi(2K) 16A2 1.9 "Person" shall mean and include an individual, a partnership, a joint venture, a corporation, a trust, a limited liability company, an unincorporated organization and a government or other department or agency thereof. 1.10 "Transfer" shall have the meaning ascribed to it in Section 9.1. ARTICLE 2. ORGANIZATION 2.1 Name. The name of the Company shall be "CC AVE MARIA, LLC." All business of the Company shall be conducted under such name. The Member may change the name of the Company at any time it so desires. 2.2 Place of Registered Office;Registered Agent. The address of the registered office of the Company in the State of Florida is 135 San Lorenzo Avenue, Suite 750, Coral Gables, FL 33146. The name of the registered agent for service of process on the Company in the State of Florida is K. Lawrence Gragg whose address is at the registered office. The Member may change the location of the Company's registered office or change the registered agent if it deems advisable. Purpose. The Company is formed for the object and purpose of, and the nature of the business to be conducted and promoted by the Company is, (i) to engage in (a) owning certain real property located in Collier County, Florida, (b) developing such property as residential lots, (c) constructing on such lots residential units, (d)marketing and selling such residential units and (e) financing the foregoing and (ii) engaging in any and all activities necessary or incidental to the foregoing. 2.3 Term. The Company shall continue in existence from the date hereof in perpetuity unless otherwise terminated. 2.4 Fiscal Year. The fiscal year of the Company shall be the calendar year. 2.5 Filing. (a) The Member shall use its reasonable best efforts to cause amendments to the Articles of Organization of the Company to be executed by the Member(or by its designee, if any, appointed pursuant to a valid power of attorney)and filed whenever required by the Act. (b) The Member shall use its reasonable best efforts to take such other actions as may be reasonably necessary to perfect and maintain the status of the Company as a limited liability company under the laws of the State of Florida. 2.6 Management. The business and affairs of the Company shall be managed by or under the direction of a Board of one or more Managers designated by the Member. The Member may determine at any time in its sole and absolute discretion the number of Managers to constitute the Board. The authorized number of Managers may be increased or decreased by the Member at any time in its sole and absolute discretion, upon notice to all Members. The number (00028951;I) MIAMI 859483 vl(2K) -2- 16A2 of Members as of the execution date of this Agreement shall be one. Each Director elected, designated or appointed by the Member shall hold office until a successor is elected and qualified or until such Director's earlier death,resignation, expulsion or removal. Members need not be a Member. The Members hereby designated by the Member are listed on Exhibit B hereto. (a) Powers. The Board of Members shall have the power to do any and all acts necessary, convenient or incidental to or for the furtherance of the purposes described herein, including all powers, statutory or otherwise. The Board of Members has the authority to bind the Company. (b) Meeting of the Board of Members. The Board of Members of the Company may hold meetings, both regular and special, within or outside the State of Florida. Regular meetings of the Board may be held without notice at such time and at such place as shall from time to time be determined by the Board. Special meetings of the Board may be called by the President on not less than one day's notice to each Director by telephone, facsimile, mail, telegram or any other means of communication, and special meetings shall be called by the President or Secretary in like manner and with like notice upon the written request of any one or more of the Members. (c) Quorum: Acts of the Board. At all meetings of the Board, a majority of the Members shall constitute a quorum for the transaction of business and, except as otherwise provided in any other provision of this Agreement, the act of a majority of the Members present at any meeting at which there is a quorum shall be the act of the Board. If a quorum shall not be present at any meeting of the Board, the Members present at such meeting may adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present. Any action required or permitted to be taken at any meeting of the Board or of any committee thereof may be taken without a meeting if all members of the Board or committee, as the case may be, consent thereto in writing, and the writing or writings are filed with the minutes of proceedings of the Board or committee, as the case may be. (d) Electronic Communications. Members of the Board, or any committee designated by the Board, may participate in meetings of the Board, or any committee, by means of telephone conference or similar communications equipment that allows all Persons participating in the meeting to hear each other, and such participation in a meeting shall constitute presence in Person at the meeting. If all the participants are participating by telephone conference or similar communications equipment, the meeting shall be deemed to be held at the principal place of business of the Company. (e) Compensation of Members; Expenses. The Board shall have the authority to fix the compensation of Members. The Members may be paid their expenses, if any, of attendance at meetings of the Board, which may be a fixed sum for attendance at each meeting of the Board or a stated salary as Director. No such payment shall preclude any Director from serving the Company in any other capacity and receiving compensation therefor. Members of special or standing committees may be allowed like compensation for attending committee meetings. 100028951;1} MIAMI 859483 vl(2K) '3- 16A2 (f) Removal of Members. Unless otherwise restricted by law, any Director or the entire Board of Members may be removed or expelled, with or without cause, at any time by the Member, and, any vacancy caused by any such removal or expulsion may be filled by action of the Member. (g) Members as Agents. To the extent of their powers set forth in this Agreement,the Members are agents of the Company for the purpose of the Company's business, and the actions of the Members taken in accordance with such powers set forth in this Agreement shall bind the Company. Except as provided in this Agreement or in a resolution of the Members, a Director may not bind the Company. ARTICLE 3. CAPITAL 3.1 Capital Contributions. Upon execution of this Agreement, the Member shall contribute an amount equal to $10.00 to the capital of the Company. The member may make additional Capital contributions to the Company as the Member determines are necessary, appropriate or desirable. 3.2 New Members. Subject to Article 9, the Member may admit a new Member or new Members, as the case may be, to the Company at its sole discretion. Subject to Article 9, each such new Member shall be admitted to the Company following receipt by the Member of the written consent of all the then existing Members and only if such new Member (A) has delivered to the Company any necessary capital contribution, (B) has agreed in writing to be bound by the terms of this Agreement, and (C) has delivered such additional documentation as the Member shall reasonably require to admit such new Member to the Company. 3.3 Return of Capital; Interest. No Member shall be entitled to withdraw any part of its capital contribution, to receive interest or other earnings on its capital contribution, or to receive any distributions from the Company, except as expressly provided in this Agreement. ARTICLE 4. INTERESTS 4.1 Company Interests. A Member's "Membership Interest" shall mean the entire ownership interest of such Member in the Company, including any and all rights, powers and benefits accorded a Member under this Agreement and the duties and obligations of such Member hereunder. The Membership Interest of each Member is set forth in Exhibit A. ARTICLE 5. TAX CLASSIFICATION 5.1 Disregarded Entity. So long as the Company is directly and/or indirectly owned by a sole member, The Company intends to be treated as a disregarded entity for federal and {00028951;1) MIAMI 8594B3 vl(2K) -4- 16A2 state income tax purposes and, as such, the Member shall be treated as directly owning all of the assets and liabilities of the Company. ARTICLE 6. DISTRIBUTIONS 6.1 Distributions. Subject to Section 10.3(d) and the following sentence of this Section, the Company shall make distributions from time to time, as reasonably determined by the Member, in proportion to the Members' Membership Interests. ARTICLE 7. OFFICERS 7.1 Officers. (a) Officers. The initial Officers of the Company shall be designated by the Member. The additional or successor Officers of the Company shall be chosen by the Board and shall consist of at least a President, a Secretary and a Treasurer. The Board of Members may also choose one or more Vice Presidents, Assistant Secretaries and Assistant Treasurers. Any number of offices may be held by the same person. The Board may appoint such other Officers and agents as it shall deem necessary or advisable who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. The salaries of all Officers and agents of the Company shall be fixed by or in the manner prescribed by the Board. The Officers of the Company shall hold office until their successors are chosen and qualified. Any Officer may be removed at any time, with or without cause,by the affirmative vote of a majority of the Board. Any vacancy occurring in any office of the Company shall be filled by the Board. The initial Officers of the Company designated by the Member are listed on Exhibit C hereto. (b) President. The President shall be the chief executive officer of the Company, shall preside at all meetings of the Board, shall be responsible for the general and active management of the business of the Company and shall see that all orders and resolutions of the Board are carried into effect. The President or any other Officer authorized by the President or the Board shall execute all bonds, mortgages and other contracts, except: (i) where required or permitted by law or this Agreement to be otherwise signed and executed; and (ii) where signing and execution thereof shall be expressly delegated by the Board to some other Officer or agent of the Company. (c) Vice President. In the absence of the President or in the event of the President's inability to act,the Vice President, if any (or in the event there be more than one Vice President, the Vice Presidents in the order designated by the Members, or in the absence of any designation, then in the order of their election), shall perform the duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. The Vice Presidents, if any, shall perform such other duties and have such other powers as the Board may from time to time prescribe. (00028951;I) MIAMI 859483 vl(2K) -5- 16A2 (d) Secretary and Assistant Secretary. The Secretary shall be responsible for filing legal documents and maintaining records for the Company. The Secretary shall attend all meetings of the Board and record all the proceedings of the meetings of the Company and of the Board in a book to be kept for that purpose and shall perform like duties for the standing committees when required. The Secretary shall give, or shall cause to be given, notice of all meetings of the Member, if any, and special meetings of the Board, and shall perform such other duties as may be prescribed by the Board or the President, under whose supervision the Secretary shall serve. The Assistant Secretary, or if there be more than one,the Assistant Secretaries in the order determined by the Board (or if there be no such determination, then in order of their election), shall, in the absence of the Secretary or in the event of the Secretary's inability to act, perform the duties and exercise the powers of the Secretary and shall perform such other duties and have such other powers as the Board may from time to time prescribe. (e) Treasurer and Assistant Treasurer. The Treasurer shall have the custody of the Company funds and securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Company and shall deposit all moneys and other valuable effects in the name and to the credit of the Company in such depositories as may be designated by the Board. The Treasurer shall disburse the funds of the Company as may be ordered by the Board, taking proper vouchers for such disbursements, and shall render to the President and to the Board, at its regular meetings or when the Board so requires, an account of all of the Treasurer's transactions and of the financial condition of the Company. The Assistant Treasurer, or if there shall be more than one, the Assistant Treasurers in the order determined by the Board (or if there be no such determination, then in the order of their election), shall, in the absence of the Treasurer or in the event of the Treasurer's inability to act, perform the duties and exercise the powers of the Treasurer and shall perform such other duties and have such other powers as the Board may from time to time prescribe. (f) Officers as Agents. The Officers, to the extent of their powers set forth in this Agreement or otherwise vested in them by action of the Board not inconsistent with this Agreement, are agents of the Company for the purpose of the Company's business and the actions of the Officers taken in accordance with such powers shall bind the Company. (g) Duties of Board and Officers. Except to the extent otherwise provided herein, each Director and Officer shall have a fiduciary duty of loyalty and care similar to that of Members and officers of business corporations organized under the General Corporation Law of the State of Florida. ARTICLE 8. ACCOUNTING 8.1 Books and Records. The Member shall cause to be maintained at the Company's principal place of business: (a) books of account of the Company, which shall be maintained in accordance with generally accepted accounting principles in the United States of America 100028951;1) MIAMI 859483 vl(2K) -6- 16A2 consistently applied, except with such exceptions thereto as the Member shall determine in its sole discretion; and (b) all other records necessary, convenient, or incidental to the business of the Company as provided for herein. • The books of account of the Company shall be maintained on the accrual method of accounting or such other method as the Member shall determine. 8.2 Reports. The Member shall perform or cause to be performed an annual review of the books and accounts of the Company as of the end of each fiscal year of the Company. After the end of each fiscal year of the Company, the Member shall cause to be prepared and distributed to each then existing Member and to the Company, an unaudited balance sheet showing the assets and liabilities of the Company as of the close of such year and an unaudited statement of income and expenses showing the results of operations for such year (collectively, the"Financial Statements"). In addition,the Member shall be entitled to take any other action on behalf of the Company required to cause the Company to be in compliance with any applicable governmental regulations. Not later than 90 days after the end of each fiscal year of the Company, the Member shall deliver to each then existing Member, such information as shall be necessary for the preparation by such Member of its U.S. federal and state income or other tax and information returns. 8.3 Bank Accounts. All receipts and income of the Company shall be deposited in such banks as are selected by the Member. The funds in any such bank accounts shall be used solely for the business of the Company, and withdrawal from said accounts shall be made by signatures only of such Person or Persons as shall be designated by the Member. 8.4 Inspection of Company Records. Each Member shall have the right, at all reasonable times during usual business hours, to audit, examine and make copies of, or extracts from, the books of account and other financial records of the Company at its principal place of business. Such right may be exercised through any agent or employee of a Member designated by such Member or by an independent certified public accountant designated by such Member. Each Member shall bear all expenses incurred in any examination made for such Member's account and shall keep all information obtained during such inspection confidential. In the exercise of their rights under this Section, the Members agree that they shall not cause any unreasonable interference with,or disruption of,the Company business. ARTICLE 9. TRANSFERS 9.1 Transfers. No Member may sell, assign, transfer, exchange, charge, pledge, give, hypothecate or otherwise convey or encumber (any such sale, assignment, transfer, exchange, charge, pledge, gift, hypothecation, conveyance or encumbrance being hereinafter referred to as a "Transfer"), directly or indirectly, by operation of law or otherwise, voluntarily or involuntarily, any Membership Interest without the prior written consent of all of the Members, which consent may be withheld by any Member in its sole discretion. Any Transfer of any 100028951;I) 1ffAMI 859483 vl(2K) -7- - 16A2 Membership Interest in contravention of this Article 9 shall be null and void and of no force whatsoever. 9.2 New Members. Any transferee of a Membership Interest or a purchaser of a newly issued Membership Interest shall not become a Member unless and until such transferee or purchaser signs this Agreement and agrees to be bound to the terms and conditions contained herein. ARTICLE 10. TERMINATION OF THE COMPANY 10.1 Limitations. Subject to the Articles of Organization, the Company may be dissolved, liquidated and terminated pursuant to and only pursuant to the provisions of this Article 10, and the parties hereto do hereby irrevocably waive any and all other rights they may have to cause a dissolution of the Company or a sate or partition of any or all of the Company's assets. 10.2 Exclusive Causes. The Company shall be dissolved, liquidated and terminated upon the earliest to occur of: (a) The unanimous election by the Member(s) to dissolve, liquidate and terminate the Company; (b) A dissolution of the Company required under the provisions of Section 608.441 of the Act, provided, however, if the membership of the last remaining Member is terminated, and a new Member is admitted to the Company within 90 days after the date of the occurrence of the event that terminated the membership of the last remaining Member, the Company shall continue in existence; 10.3 Liquidation. Subject to the Articles of Organization, in all cases of dissolution of the Company,the business of the Company shall be continued to the extent necessary to allow an orderly winding up of its affairs, including the liquidation of the assets of the Company pursuant to the provisions of this Section, as promptly as practicable thereafter, and each of the following shall be accomplished: (a) The Member(s) shall cause to be prepared a statement setting forth the assets and liabilities of the Company as of the date of dissolution, a copy of which statement shall be furnished to all of the Member(s). (b) The property of the Company shall be liquidated or distributed in kind by the Member(s) as promptly as possible, but in an orderly, businesslike and commercially reasonable manner. The Member(s) may, in the exercise of their business judgment and if commercially reasonable, determine (i) to sell all or any portion of the property of the Company to a Member, provided that the purchase price is not less than the fair market value of such property as determined in the sole discretion of the Member(s) or their designee, or to any other Person or (ii) not to sell all or any portion of the property of the Company, in which event such property and assets shall be distributed in kind pursuant to Section 10.3(d). (00028951;1) pp MiA.M❑859483 vl(2K) -8- 16A2 (c) To the extent that an asset is to be distributed in kind, such asset shall be deemed to have been sold at its fair market value on the date of distribution and the amount of the distribution shall be considered to be such fair market value of the asset. (d) The proceeds of sale and all other assets of the Company shall be applied and distributed as follows and in the following order of priority: (i) To the payment of the debts and liabilities of the Company and the expenses of liquidation or distribution; (ii) To the setting up of any reserves which the Members shall determine to be reasonably necessary for contingent, unliquidated or unforeseen liabilities or obligations of the Company or the Member(s)arising out of or in connection with the Company. Such reserves may,in the discretion of the Member(s), be held by the Member(s) or paid over to a bank or title company selected by it, in either case to be held by the Member(s) or such bank or title company as escrow holder or liquidating trustee for the purposes of disbursing such reserves to satisfy the liabilities and obligations described above. Such reserves shall be held for such period as the Member(s) shall deem advisable, and upon the expiration of such period, any remaining balance shall be distributed as provided in clause (iii)of this subsection; (iii) The balance, if any, to the Member(s), in proportion to their respective Membership Interests. ARTICLE 11. INDEMNIFICATION 11.1 Indemnification and Liability. (a) The Member shall not be liable to the Company or other Members (i) for mistakes of judgment or for any act or omission suffered or taken by it, or for losses due to any such mistakes, action or inaction, except to the extent that the mistake, action, or inaction was caused by the gross negligence or willful misconduct of it or (ii) for the willful misfeasance, negligence, bad faith or other conduct of any independent contractor of the Company selected by it, provided that such independent contractor (including any who may be a Member) was selected, engaged or retained and continued in good faith. (b) To the maximum extent permitted by applicable law, the Member shall not be liable for and the Company shall indemnify the Member against, and agrees to hold the Member harmless from, all liabilities and claims (including reasonable attorney's fees and expenses in defending against such liabilities and claims) against the Member, arising from the Member's performance of its duties in conformance with the terms of this Agreement. (c) The Member may consult with legal counsel or accountants selected by the Member and any action or omission suffered or taken in good faith in reliance and accor- dance with the written opinion or advice of any such counsel or accountants (provided such have {00028951;1) MIA.II B59483 vl(2K) -9- 16A2 been selected with reasonable care) shall be full protection and justification with respect to the action or omission so suffered or taken. (d) In the event that Member shall, notwithstanding the provisions of Section 608.4227 of the Act to the contrary (and solely as a result of the inapplicability, or deemed inapplicability of such provision of the Act), become liable under a judgment, decree or order of a court, or in any other manner, for a debt, obligation or liability of the Company, then the Company shall indemnify the Member and hold the Member harmless from and against any such liability of the Member (together with reasonable attorneys' fees and expenses in defending against any claimant seeking to impose any such liability) to the extent that it related to or arose out of any action taken or any transaction effected by the Member under this Agreement or any action which the Member failed to take or any transaction which the Member failed to effect and which the Member was obligated to take or effect under this Agreement. (e) No Member shall be personally liable for the return of all or any part of a Member's capital contribution, which return or payment shall be made solely from, and to the extent of,the Company's assets. ARTICLE 12. MISCELLANEOUS 12.1 Additional Procedures. The Member may establish any additional procedures necessary to implement the provisions of this Agreement. 12.2 Notices. Any and all notices, demands, consents, approvals, requests or other communications which any Member may desire or be required to give hereunder (collectively, "Notices") shall be by personal delivery, facsimile, by overnight courier or by prepaid certified mail to the address listed below. Any Member may designate another address or change its address for Notices hereunder by a Notice given pursuant to this Section. A Notice sent in compliance with the provisions of this Section 12.2 shall be deemed delivered when actually received by the party to whom sent. Rejection or other refusal to accept or the inability to deliver because of a changed address or addressee of which no Notice was given as provided in this Section 12.2 shall be deemed to be receipt of the Notice sent. If to the Member: CC AVE MARIA HOLDINGS, LLC 135 San Lorenzo Avenue, Suite 750 Coral Gables, FL 33146 If to the Company: CC AVE MARIA, LLC 135 San Lorenzo Avenue, Suite 750 Coral Gables, FL 33146 (00028951;1) MJAMI 859483 vl(2K) -1 0- 16A2 12.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and fully supersedes any and all prior agreements or understandings between the parties hereto pertaining to the subject matter hereof. 12.4 Section Headings. The section headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof. 12.5 Counterparts. This Agreement may be executed in several counterparts and all such executed counterparts shall constitute a single agreement, binding on all of the parties hereto, their successors and their assigns, notwithstanding that all of the parties hereto are not signatories to the original or to the same counterpart. Each counterpart signature page so executed may be attached to a master counterpart of this Agreement to be kept by the Members at the principal office of the Company and such master counterpart as well as any and all other counterparts executed by any of the parties hereto shall constitute a single agreement. 12.6 Severability. In case any one or more of the provisions contained in this Agreement shall be invalid or unenforceable in any jurisdiction, the validity and enforceability of all remaining provisions contained herein shall not in any way be affected or impaired thereby; and the invalid or unenforceable provisions shall be interpreted and applied so as to produce as near as may be the economic result intended by the Members. 12.7 Governing Law. This Agreement, including its existence, validity, construction and operating effect, and the rights of each of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Florida. 12.8 Limitation on Liability. The Member(s) shall not be bound by, or be personally liable for, by reason of being a Member, a judgment, decree or order of a court or in any other manner, for the expenses, liabilities or obligations of the Company; and the liability of each Member shall be limited solely to the amount of its unreturned capital contributions made to the Company as provided under Article 3, except to the extent otherwise required by law. 12.9 Amendment, Waiver or Modification. No amendment, waiver or modification to this Agreement shall be effective without the prior unanimous written consent of the Member. [Signatures on next page] {00028951; 1) MIAMI 859483 vl(2K) -1 1- 16A2 IN WITNESS WHEREOF,the Member has signed this Agreement as of the day and year first above written. CC AVE MARIA, LLC By: 'i _ I K. Lawrence Gragg,Vice Preside f 0002895]; t) 7 ry M1A\fI 859483 of 12K1 1 G' 16A2 EXHIBIT A Member Membership Interest CC AVE MARIA HOLDINGS, 100% LLC {00028951;1) mum 859483 vi(2K) 16A2 EXHIBIT B MEMBERS James Carr K. Lawrence Gragg Blake Gable Brian Goguen {00028951;1) MIAMI 859483 vI(2K) 16A2 EXHIBIT C OFFICERS James M. Carr President and Assistant Secretary Brian Goguen Vice President Blake Gable Vice President K. Lawrence Gragg Vice-President,Assistant Secretary and Assistant Treasurer Harold Eisenacher Vice President, Secretary and Treasurer Andres Miyares Vice President {00028951;1) MIAMI 859483 vl(2K) 16A2 EXHIBIT "C" Opinion of Probable Cost 16A2 1 of 1 Project: Maple Ridge at Ave Maria Phase 8 Task: Engineer's OPC for Bonding PENINSULA i Prepared By:Checked By: KD Date: 8/28/2024 ENGINEERING CONTINGENCY Calculation Summary SUB-TOTAL PERCENT DOLLAR TOTAL EARTHWORK $ 37,082.00 $ - $ 37,082.00 PAVING $ 1,000,740.75 $ - $ 1,000,740.75 DRAINAGE $ 968,949.70 $ - $ 968,949.70 LANDSCAPE AND LIGHTING $ 192,450.00 $ - $ 192,450.00 POTABLE WATER $ 444,317.50 $ - $ 444,317.50 SANITARY SEWER $ 1,048,194.20 $ - $ 1,048,194.20 IRRIGATION $ 334,276.90 $ - $ 334,276.90 TOTAL $ 4,026,011.05 $ - $ 4,026,011.05 EARTHWORK,PAVING,DRAINAGE,LANDSCAPE AND LIGHTING: TOTAL O.P.C.= $ 2,199,222.45 POTABLE WATER,SANITARY SEWER,IRRIGATION: TOTAL O.P.C.= $ 1,826,788.60 TOTAL $ $ 4,026,011.05 10%Maintenance = 402,601.11 Bond Total $ 4,428,612.16 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. Digitally signed by David 1 Hurst .��v J.H(j' Reason:This item hat been \� .:'.•,,.•\C'ENs... digitally signed and sealed by L F•'•. David J.Hurst on the date \* • No.60727 ••.*:adjacent to the seal.Printed * =ce this ment are not consideredopi sof signeddocu and sealed .0...• STATE OF ;•Q.and the signature must be fs'• . P rC,�s� verified on any electronic �'.�'t�'�'. O R 10.,:•` `,:� copies. %�SS/6i0""*,0 Date:2024.09.0412:59:19 nnin -04'00' David J.Hurst,P.E. FL Registration#60727 Peninsula Engineering Certificate of Authorization#28275 P:\Active_Projects\P-CCAM-020\001_Maple_Ridge_Phase_8\Submittals\County\Plat Recording\OPC_Detail_Bonding 16A2 1 of 5 Project: Maple Ridge Phase 8 PENINSULA Task: Engineer's OPC for Subdivision Fee Calculations(Rev00) ENGINEERING Prepared By: AJS Date: 12/21/2022 Checked By: DJH Date: 12/21/2022 Calculation Summary SUB-TOTAL TOTAL EARTHWORK $ 37,082.00 $ 37,082.00 PAVING $ 1,000,740.75 $ 1,000,740.75 DRAINAGE $ 968,949.70 $ 968,949.70 LANDSCAPE AND LIGHTING $ 192,450.00 $ 192,450.00 TOTAL $ 2,199,222.45 $ 2,199,222.45 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. `\,�Pnuih i$!, , . "..i\D J•HUp' Digitally signed by David 1 Hurst •'��C E NS:.T � Re : digitallasony signedThiisitem andhas sealedbeen by *:• •• No.60727 *:David 1.Hurst on the date * E adjacent to the seal.Printed =copies of this document are not • STATE OF .1 ,7 considered signed and sealed and the signature must be °''�'•F,<ORlOP'����` verified on any electronic copies. SS/ONA1 ECG` Date:2023.01.2417:12:08-05'00' �iiinniiin ,sso David Hurst,P.E. FL Registration#60727 Peninsula Engineering Certificate of Authorization#28275 P:\Active_Projects\P-CCAM-020\001_Maple Ridge Phase 8\Budgets\Cost_Estimates\OPC\FeeCalc\Rev00\MR8_OPC-CC.xlsx 16A2 2 of 5 Project: Maple Ridge Phase 8 Task: Engineer's OPC for Subdivision Fee Calculations(Rev00) Prepared By: AJS Date: 12/21/2022 Checked By: DJH Date: 12/21/2022 EARTHWORK ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE EROSION CONTROL(TURBIDITY BARRIER, INLET EW-1 PROTECTION,SILT FENCE) 1 LS $ 12,382.00 $ 12,382.00 EW-2 CLEARING OF VEGETATION 1 LS $ 14,000.00 $ 14,000.00 EW-3 NDPES MAINTENANCE 12 MONTH $ 600.00 $ 7,200.00 EW-4 RIP-RAP 1 LS $ 3,500.00 $ 3,500.00 SUB-TOTAL EARTHWORK= $ 37,082.00 P:\Active_Projects\P-CCAM-020\001_Maple Ridge Phase 8\Budgets\Cost_Estimates\OPC\FeeCalc\Rev00\MR8_OPC-CC.xlsx 16A2 3 of 5 Project: Maple Ridge Phase 8 Task: Engineer's OPC for Subdivision Fee Calculations(Rev00) Prepared By: AJS Date: 12/21/2022 Checked By: DJH Date: 12/21/2022 PAVING ID DESCRIPTION DIY UNIT TYPE UNIT PRICE TOTAL PRICE PAV-1 3/4"ASPHALTIC CONCRETE TYPE S-III (FIRST LIFT) 1 LS $ 126,913.50 $ 126,913.50 PAV-2 3/4"ASPHALTIC CONCRETE TYPE S-Ill(SECOND LIFT) 1 LS $ 126,913.50 $ 126,913.50 PAV-3 8"LIMEROCK BASE 1 LS $ 205,200.00 $ 205,200.00 PAV-4 12"STABILIZED SUBGRADE 1 LS $ 41,085.85 $ 41,085.85 PAV-5 2'VALLEY GUTTER 1 LS $ 132,142.50 $ 132,142.50 PAV-6 TYPE'D'CURB 1 LS $ 259.00 $ 259.00 PAV-7 TYPE'F'CURB AND GUTTER 1 LS $ 5,008.00 $ 5,008.00 PAV-8 TYPE'F' PITCH-OUT CURB 1 LS $ 4,380.00 $ 4,380.00 PAV-9 4'SIDEWALK VALLEY CROSSING 1 LS $ 7,314.00 $ 7,314.00 PAV-10 3'VALLEY GUTTER CROSSING 1 LS $ 3,145.00 $ 3,145.00 PAV-11 CONCRETE SIDEWALK(4"THICK) 1 LS $ 285,415.40 $ 285,415.40 PAV-12 ADA DETECTABLE MAT 1 LS $ 8,925.00 $ 8,925.00 PAV-13 PUMP STATION ACCESS PATHWAY 1 LS $ 168.00 $ 168.00 SODDING(BETWEEN BACK OF CURB AND SIDEWALK PAV-14 AND 1' BEYOND BACK OF SIDEWALK) 1 LS $ 35,871.00 $ 35,871.00 PAV-15 SIGNAGE&ROADWAY STRIPING 1 LS $ 16,500.00 $ 16,500.00 PAV-16 TEMPORARY CONSTRUCTION ACCESS 1 LS $ 1,500.00 $ 1,500.00 SUB-TOTAL PAVING= $ 1,000,740.75 P:\Active_Projects\P-CCAM-020\001_Maple Ridge Phase 8\Budgets\Cost_Estimates\OPC\FeeCalc\Rev00\MR8_OPC-CC.xlsx 16A2 4 of 5 Project: Maple Ridge Phase 8 Task: Engineer's OPC for Subdivision Fee Calculations(Rev00) Prepared By: AJS Date: 12/21/2022 Checked By: DJH Date: 12/21/2022 DRAINAGE ID DESCRIPTION CITY UNIT TYPE UNIT PRICE TOTAL PRICE DRA-1 8"PVC/HP SECONDARY DRAINAGE PIPE 1 LS $ 8,640.00 $ 8,640.00 DRA-2 10"PVC/HP SECONDARY DRAINAGE PIPE 1 LS $ 20,760.00 $ 20,760.00 DRA-3 12"PVC/HP SECONDARY DRAINAGE PIPE 1 LS $ 34,034.00 $ 34,034.00 DRA-4 15"PVC/HP SECONDARY DRAINAGE PIPE 1 LS $ 38,775.00 $ 38,775.00 DRA-5 18"PVC/HP SECONDARY DRAINAGE PIPE 1 LS $ 7,770.00 $ 7,770.00 DRA-6 24"PVC/HP SECONDARY DRAINAGE PIPE 1 LS $ 60,060.00 $ 60,060.00 DRA-7 30"PVC/HP SECONDARY DRAINAGE PIPE 1 LS $ 18,104.00 $ 18,104.00 DRA-8 15"RCP STORM SEWER 1 LS $ 13,220.10 $ 13,220.10 DRA-9 18"RCP STORM SEWER 1 LS $ 51,212.00 $ 51,212.00 DRA-10 24"RCP STORM SEWER 1 LS $ 101,718.40 $ 101,718.40 DRA-11 30"RCP STORM SEWER 1 LS $ 34,240.00 $ 34,240.00 DRA-12 36"RCP STORM SEWER 1 LS $ 81,076.20 $ 81,076.20 DRA-13 42"RCP STORM SEWER 1 LS $ 173,760.00 $ 173,760.00 DRA-14 48"RCP STORM SEWER 1 LS $ 36,432.00 $ 36,432.00 DRA-15 10"MITERED END 1 LS $ 2,250.00 $ 2,250.00 DRA-16 18"FLARED END 1 LS $ 9,651.00 $ 9,651.00 DRA-17 ,24"FLARED END 1 LS $ 3,370.00 $ 3,370.00 DRA-18 36"FLARED END 1 LS $ 13,005.00 $ 13,005.00 DRA-19 42"FLARED END 1 LS $ 10,400.00 $ 10,400.00 DRA-20 48"FLARED END 1 LS $ 5,400.00 $ 5,400.00 DRA-21 VALLEY GUTTER INLET(DOUBLE) 1 LS $ 129,732.00 $ 129,732.00 DRA-22 VALLEY GUTTER INLET(SINGLE) 1 LS $ 3,000.00 $ 3,000.00 DRA-23 DITCH BOTTOM INLET 1 LS $ 41,958.00 $ 41,958.00 DRA-24 GRATE INLET(TYPE"X") 1 LS $ 35,200.00 $ 35,200.00 DRA-25 FDOT TYPE"6"INLET 1 LS $ 5,000.00 $ 5,000.00 DRA-27 JUNCTION BOX(ROUND) 1 LS $ 11,780.00 $ 11,780.00 DRA-28 YARD DRAIN 1 LS $ 6,152.00 $ 6,152.00 REMOVE FDOT TYPE"6"INLET TOP AND REPLACE DRA-29 WITH JUNCTION BOX TOP 1 LS $ 1,750.00 $ 1,750.00 REMOVE EXISTING STRUCTURE AND CUT BACK DRA-30 EXISTING RCP 1 LS $ 9,000.00 $ 9,000.00 REMOVE EXISTING GRATE INLET TOP AND REPLACE DRA-31 WITH JUNCTION BOX TOP 1 LS $ 1,500.00 $ 1,500.00 SUB-TOTAL DRAINAGE= $ 968,949.70 P:\Active_Projects\P-CCAM-020\001_Maple Ridge Phase 8\Budgets\Cost_Estimates\OPC\FeeCalc\Rev00\MR8_OPC-CC.xlsx 16A2 5 of 5 Project: Maple Ridge Phase 8 Task: Engineer's OPC for Subdivision Fee Calculations(Rev00) Prepared By: AJS Date: 12/21/2022 Checked By: DJH Date: 12/21/2022 LANDSCAPE AND LIGHTING ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE LL-1 STREET LIGHTING 1 LS $ 65,250.00 $ 65,250.00 LL-2 LANDSCAPE(COMMON AREA TREES AND CODE MIN.) 1 LS $ 127,200.00 $ 127,200.00 SUB-TOTAL LANDSCAPE AND LIGHTING= $ 192,450.00 P:\Active_Projects\P-CCAM-020\001_Maple Ridge Phase 8\Budgets\Cost_Estimates\OPC\FeeCalc\Rev00\MR8_OPC-CC.xlsx 16A2 1 of Project: Maple Ridge Phase 8 PENINSULA Task: Engineer's OPC for Subdivision Fee Calculations(Rev01) ENGINEER 1 N G Prepared By: ASJ Date: 12/21/2022 Checked By: DJH Date: 12/21/2022 Calculation Summary SUB-TOTAL TOTAL POTABLE WATER $ 444,317.50 $ 444,317.50 SANITARY SEWER $ 1,048,194.20 $ 1,048,194.20 IRRIGATION $ 334,276.90 $ 334,276.90 TOTAL $ 1,826,788.60 $ 1,826,788.60 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. nq„, .s,"v�p Juu H(7,,,, Digitally signed by David.Hurst 'C E NSE:SA Reason:This item has been digitally signed and sealed by * No.60727 t:*a Steve P.Sammons on the date * _ adjacent to the seal.Printed _ S copies of this document are not A'.. STATE OF Onf considered signed and sealed %gyp'•. p h and the signature must be '%��`f.•'.�O R 1..•`•5 verified on any electronic copies. ASS/ONALEass�� Date:2023.03.09 13:35:05-05'00' gniuunsos David Hurst,P.E. FL Registration#60727 Peninsula Engineering Certificate of Authorization#28275 P:\Active_Projects\P-CCAM-020\001_Maple Ridge Phase 8\Budgets\Cost_Estimates\OPC\FeeCalc\Rev01\MR8_OPC-AMUC.xlsx 16A2 2 of 4 Project: Maple Ridge Phase 8 Task: Engineer's OPC for Subdivision Fee Calculations(Rev01) Prepared By: ASJ Date: 12/21/2022 Checked By: DJH Date: 12/21/2022 POTABLE WATER ID DESCRIPTION CITY UNIT TYPE UNIT PRICE TOTAL PRICE WAT-1 8"PVC WATER MAIN (C900, DR18) 6,104 LF $ 17.50 $ 106,820.00 WAT-2 8"PVC WATER MAIN (C900, DR14) 223 LF $ 19.90 $ 4,437.70 WAT-3 10"PVC WATER MAIN(C900, DR18) 1,665 LF $ 36.00 $ 59,940.00 WAT-4 10"PVC WATER MAIN(C900, DR14) 146 LF $ 38.30 $ 5,591.80 WAT-5 6"GATE VALVE 2 EA $ 955.00 $ 1,910.00 WAT-6 8"GATE VALVE 12 EA $ 1,361.00 $ 16,332.00 WAT-7 10"GATE VALVE 8 EA $ 2,000.00 $ 16,000.00 WAT-8 AIR RELEASE VALVE 1 EA $ 1,713.00 $ 1,713.00 WAT-9 FIRE HYDRANT ASSEMBLY(COMPLETE) 26 EA $ 4,129.00 $ 107,354.00 WAT-10 TEMP. BACTERIAL SAMPLE POINT 5 EA $ 152.00 $ 760.00 WAT-11 PERM. BACTERIAL SAMPLE POINT 2 EA $ 2,222.00 $ 4,444.00 1-1/2"DOUBLE WATER SERVICE(SHORT SIDE) WAT-12 (COMPLETE) 36 EA $ 977.00 $ 35,172.00 1-1/2"DOUBLE WATER SERVICE(LONG SIDE) WAT-13 (COMPLETE) 55 EA $ 1,2'14.00 $ 66,770.00 1"SINGLE WATER SERVICE(SHORT SIDE) WAT-14 (COMPLETE) 11 EA $ 533.00 $ 5,863.00 WAT-15 1"SINGLE WATER SERVICE(LONG SIDE)(COMPLETE) 2 EA $ 782.00 $ 1,564.00 WAT-16 2"SINGLE WATER SERVICE(LONG SIDE)(COMPLETE) 1 EA $ 1,646.00 $ 1,646.00 WAT-17 TESTING 1 LS $ 1,500.00 $ 1,500.00 WAT-18 CUT-IN TO EX.WATER MAIN WITH 10"x10"TEE 1 LS $ 3,500.00 . $ 3,500.00 REMOVE EX BLOW-OFF AND CONNECT TO EX.WATER WAT-19 MAIN 3 EA $ 1,000.00 $ 3,000.00 SUB-TOTAL POTABLE WATER= $ 444,317.50 P:\Active_Projects\P-CCAM-020\001_Maple Ridge Phase 8\Budgets\Cost_Estimates\OPC\FeeCalc\Rev01\MR8 OPC-AMUC.xlsx 16A2 3 of 4 Project: Maple Ridge Phase 8 Task: Engineer's OPC for Subdivision Fee Calculations(Rev01) Prepared By: ASJ Date: 12/21/2022 Checked By: DJH Date: 12/21/2022 SANITARY SEWER ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE SAN-1 8"SDR 26 PVC GRAVITY SEWER MAIN(0'-6'CUT) 384 LF $ 30.70 $ 11,788.80 SAN-2 8"SDR 26 PVC GRAVITY SEWER MAIN(6'-8'CUT) 2,461 LF $ 35.90 $ 88,349.90 SAN-3 8"SDR 26 PVC GRAVITY SEWER MAIN(8'-10'CUT) 1,206 LF $ 43.10 $ 51,978.60 SAN-4 8"SDR 26 PVC GRAVITY SEWER MAIN(10'-12'CUT) 1,633 LF $ 49.70 $ 81,160.10 SAN-5 8"SDR 26 PVC GRAVITY SEWER MAIN(12'-14'CUT) 1,164 LF $ 68.60 $ 79,850.40 SAN-6 8"SDR 26 PVC GRAVITY SEWER MAIN(14'-16'CUT) 399 LF $ 93.20 $ 37,186.80 SAN-7 8"SDR 26 PVC GRAVITY SEWER MAIN(16'-18'CUT) 59 LF $ 94.20 $ 5,557.80 SAN-8 4'SANITARY SEWER MANHOLE(0'-6'CUT) 1 EA $ 4,819.00 $ 4,819.00 SAN-9 4'SANITARY SEWER MANHOLE(6'-8'CUT) 10 EA $ 5,830.00 $ 58,300.00 SAN-10 4'SANITARY SEWER MANHOLE(8'-10'CUT) 6 EA $ 7,264.00 $ 43,584.00 SAN-11 4'SANITARY SEWER MANHOLE(10'-12'CUT) 4 EA $ 8,529.00 $ 34,116.00 SAN-12 4'SANITARY SEWER MANHOLE(12'-14'CUT) 7 EA $ 10,316.00 $ 72,212.00 SAN-13 4'SANITARY SEWER MANHOLE(14'-16'CUT) 1 EA $ 12,478.00 $ 12,478.00 SAN-14 4'SANITARY SEWER MANHOLE(16'-18'CUT) 1 EA $ 13,000.00 $ 13,000.00 SAN-15 6"SERVICE LATERAL(SINGLE) 31 EA $ 886.00 $ 27,466.00 SAN-16 6"SERVICE LATERAL(DOUBLE) 81 EA $ 982.00 $ 79,542.00 SAN-17 4"PVC FORCE MAIN(C900, DR18) 200 LF i $ 18.25 $ 3,650.00 SAN-18 4"PVC FORCE MAIN(C900, DR14) 36 LF $ 20.00 $ 720.00 SAN-19 AIR RELEASE VALVE 1 EA $ 1,713.00 $ 1,713.00 SAN-20 LIFT STATION(COMPLETE) 1 EA $ 300,000.00 $ 300,000.00 SAN-21 TELEVISION INSPECTION 7,306 LF $ 5.30 $ 38,721.80 SAN-22 TESTING 1 LS $ 2,000.00 $ 2,000.00 SUB-TOTAL SANITARY SEWER= $ 1,048,194.20 P:\Active_Projects\P-CCAM-020\001_Maple Ridge Phase 8\Budgets\Cost_Estimates\OPC\FeeCalc\Rev01\MR8_OPC-AMUC.xlsx 16A2 4 of 4 Project: Maple Ridge Phase 8 Task: Engineer's OPC for Subdivision Fee Calculations(Rev01) Prepared By: ASJ Date: 12/21/2022 Checked By: DJH Date: 12/21/2022 IRRIGATION ID DESCRIPTION CITY UNIT TYPE UNIT PRICE TOTAL PRICE IRR-1 2"POLYTUBE IRRIGATION SERVICE 1,123 LF $ 9.50 $ 10,668.50 IRR-2 6" PVC IRRIGATION MAIN(C900,DR18) 1,836 LF $ 17.00 $ 31,212.00 IRR-3 6"PVC IRRIGATION MAIN(C900, DR14) 92 LF $ 18.50 $ 1,702.00 IRR-4 8"PVC IRRIGATION MAIN(C900, DR18) 6,796 LF $ 19.30 $ 131,162.80 IRR-5 8"PVC IRRIGATION MAIN(C900, DR14) 286 LF $ 20.60 $ 5,891.60 IRR-6 2"GATE VALVE 8 EA $ 425.00 $ 3,400.00 IRR-7 6"GATE VALVE 6 EA $ 954.00 $ 5,724.00 IRR-8 8"GATE VALVE 19 EA $ 1,264.00 $ 24,016.00 IRR-9 AIR RELEASE VALVE 1 EA $ 5,500.00 $ 5,500.00 1-1/2"DOUBLE IRRIGATION SERVICE(SHORT SIDE) IRR-10 (COMPLETE) 55 EA $ 915.00 $ 50,325.00 1-1/2"DOUBLE IRRIGATION SERVICE(LONG SIDE) IRR-11 (COMPLETE) 36 EA $ 1,250.00 $ 45,000.00 1"SINGLE IRRIGATION SERVICE(SHORT SIDE) IRR-12 (COMPLETE) 6 EA $ 530.00 $ 3,180.00 1"SINGLE IRRIGATION SERVICE(LONG SIDE) IRR-13 (COMPLETE) 7 EA $ 915.00 $ 6,405.00 IRR-14 1"SINGLE IRRIGATION SERVICE 3 EA $ 530.00 $ 1,590.00 IRR-15 PERMANENT BLOW-OFF(INCLUDES GATE VALVE) 3 EA $ 900.00 $ 2,700.00 REMOVE EX. BLOW-OFF AND CONNECT TO EX. IRR-16 IRRIGATION MAIN 4 EA $ 1,450.00 $ 5,800.00 IRR-17 TESTING 1 LS $ - SUB-TOTAL IRRIGATION= $ 334,276.90 P:\Active_Projects\P-CCAM-020\001_Maple Ridge Phase 8\Budgets\Cost_Estimates\OPC\FeeCalc\Rev01\MR8_OPC-AMUC.xlsx