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Backup Documents 06/24/2014 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 1 THE BOARD OF COUNTY COMMISSIONERS O FFICE FOR SIGNA RE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. 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#I 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 \ � ✓�/, � 1,■ 5. Minutes and Records Clerk of Court's Office -16rYt. ttl t) t2:.24 fo., 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 John Houldsworth Phone Number x-5757 Contact/ Department / Agenda Date Item was June 24,2014 // Agenda Item Number 16-A1 l Approved by the BCC Type of Document Plat—Maple Ridge 3 Number of Original One 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? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH 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 JH signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 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 JH 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 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 June 24,2014 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. • 00; 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. ►� I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Prepared By and Return To: Cheryl L.Hastings,Esq. 16 A I GRANT FRIDKIN PEARSON,P.A. 5551 Ridgewood Drive,Suite 501 Naples,Florida 34108 (space above line for official use only) SECOND 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 that certain First Amendment and Supplement to the Declaration of Covenants, Restrictions and Easement for Maples Ridge at Ave Maria, recorded at Official Records Book 5012, Pages 3688 through 3690; of the Public Records of Collier County, Florida(collectively,the"Declaration"), as follows: 1. Pursuant to Section 2.2 of the Declaration, Developer hereby subjects the property described in the Maple Ridge at Ave Maria Phase 3 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 I.1(bb) is hereby revised as follows (deleted terms are shown as stri',.,_. ethr*__"_real}and added terms are underlined): "Plat" means, collectively, the Maple Ridge at Ave Maria Phase I 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; thtlqaple Riglge_af.. vt_Maria Phase 3 p_Iat resQr dcd in PIahQk , Pages tom 1 � 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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE TO FOLLOW.] Page 1 of 2 16 A 111 IN WITNES WkI EREOF, CC AVE MARIA, LLC, has caused this Amendment to be executed this_2 day of JO I 2014. Signed, Sealed and Delivered in the Presence of: CC AVE MARIA,LLC, a Florida limited U✓� liability company itness #1 U SSUtfe 0\-C YG Printed Name Witness #1 t..... cuico js By: /!L — Witness #2 Harol• isenacher, as Vi'e President Um is AckKnua Printed Name Witness #2 STATE OF FLORIDA COUNTY OF MIAMI-DADE I EREBY CERTIFY that the foregoing instrument was acknowledged before me this 2g day of i0\ , 2014, by Harold Eisenacher, 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 identificatio - VA-bLi01 (SEAL) Noitaf c) L. ci c c �Florida� Printed Name of Notary My Commission Expires: &. / 2 . l 7 A LISSETTE VIERA '11'C`--'<<1MISS()r! F f f r;=Fg 1 1 Y -XFIRE.S.lull( 1 2 ?U1 10 -U1', I Irxi 1,N,,If y' rvi e uun • Page 2 of 2 16A11 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; together with all of those lands described in that certain plat of Maple Ridge at Ave Maria Phase 2 recorded in Plat Book 54, Pages 87 through 91; 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. 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 , Pages through , of the Public Records of Collier County, Florida. Page 3 of 3 Prepared By and Return To: 16A11 Cheryl L.Hastings,Esq. GRANT FRIDKIN PEARSON,P.A. 5551 Ridgewood Drive,Suite 501 Naples,Florida 34108 (space above line for official use only) THIRD AMENDMENT 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 that certain First Amendment and Supplement to the Declaration of Covenants, Restrictions and Easement for Maple Ridge at Ave Maria, recorded at Official Records Book 5012, Page 3688 through 3690; and that certain Second Amendment and Supplement to the Declaration of Covenants, Restrictions and Easement for Maples Ridge at Ave Maria, recorded at Official Records Book , Page through ; all of the Public Records of Collier County, Florida (collectively, the "Declaration"), as follows: RECITALS: A. Developer has devised a parcel of land located in Collier County, Florida, which is more properly described on Exhibit "A" attached hereto (the "Property") and known as "Maple Ridge at Ave Maria", pursuant to a general plan of development; and B. The Property is a portion of the overall property which is encumbered with a Declaration of Restrictive Covenants, Conditions, and Restrictions for Ave Maria (the "Master Declaration"), as recorded in Official Records Book 4040, Page 1711, et. seq., of the Public Records of Collier County, Florida; and C. Subsequent to recording the Declaration, South Florida Water Management District ("SFWMD") notified the Developer of the Master Association's refusal to manage the water management system on the Property and the need for the Developer to amend the Declaration to make provision for the Neighborhood Association to take responsibility for the water management system located within the Property; and D. Pursuant to Article 18 of the Declaration, Developer, hereby amends the Declaration to insert the requisite language required by the SFWMD. NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Developer hereby amends the Declaration as follows (deleted terms are shown as strikethrough and added terms are underlined): 1. Article 8 is hereby amended to add the following Section 8.8: Surfncc_W r_Managemen tem_The=Neighb_rhoosiAs4ciatiQn_sh; llhe the entitv__esD•■ ible_for m;yin tenance __op rationof__ he__ trface =_wnter management__syst_m —The„ maintenance and_operation_of the_su dace water in anagemenl__sy stem__shalt_ _e_performed ta the=_standatsis_ tabIislid_by_thee C41�i�= oun end_=the=SQUth__ ari Water-=Management=_ Di�tr the Neighba_rh d_Assoc ntionand_this=D ecla_rati�t� an te__event_ ther_en thy__is delevied the.prlmaryresponszbilityand_.t fails in its_obl gati4n to_maintain and 16 A 1 1 e operate_the surface water rnanagement_system,the Neighborhood Association thefight and a_perpetiral,___non-exclusive easement toenter_upon_and petfoniLmailir enance and operational responsibilities for and,iflipair the surface water management system. If the Neighborhood Association i5 dissolve_d—the_pro_pedy consisting of the surface water management system will be conveyed to an appropriate agency_oflocalmn n__Loaccepted by such agency,to a similar non-profit corporation. The South Florida Water Management District shall_have the right to take enforcement action, including a civil action for zn jniunctiarLaudmaltto against tht_Neighborhood Association, or such other entity that is_delegated the primary responsibility for maintenance and operation of the surface water maimnien _tocomeilhe Neighborhood Association or such entity to correct any_outstanding problems with the surfacewater management system facilities. Nothing in this Declaration shall be construed to allow any person to construct 1- w, - m - ft ill% • to alter the surface water management system without first obtaining the necessary permits from all governmental agencies having urisdictiqp including the South Florida Water Management District, 2. Article 18 is hereby amended to add the following Section 18.4: Regardless of any other provision L this Declaration, no termination_ ox amendment of this. Declaration can be effective to change the Neigh od Association's responsibilitiesforthesi 1,thcetermmgcalent,systninkss the amendment has been consented to in writing by the South Florida Water Management Distfict, IN WITNES WH REOF, CC AVE MARIA, LLC, has caused this Amendment to be executed this 2 day of 01 2014. Signed, Sealed and Delivered in the Presence of: CC AVE MARIA,LLC, a Florida limited liability company .VA-C2/%C■ iitness #1 L)1 Se-14f ore ‘ICA Printed Name Witness #1 baCkY)40 By: Witness #2 Harold Eisenacher, as Vice President UMICk Aki\cLAPI Printed Name Witness #2 Page 2 of 3 16A11 STATE OF FLORIDA COUNTY OF MIAMI-DADE I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this 2—�day of Jv\i , 2014, by Harold Eisenacher, 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 identificat. . . VAS/ D--, (SEAL) Notary P pate o' _Florida Printed Name of Notary My Commission Expires: C 2. /2 . 17 it LISSETTE VIERA MY COMMISSION #FE026944 'r�., EXPIRES June 12.2017 Ito ,193-0153 F for idallohryServic0.corn Page 3 of 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI1 6 A 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines 41 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 Count Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office ?/3 (//y 4. BCC Office Board of County 1D Commissioners \c/$/ 1\' 5. Minutes and Records Clerk of Court's Office tii(14 12: Pm 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 John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was June 24,2014 Agenda Item Number 16-A 11 Approved by the BCC Type of Document Construction&Maintenance Agreement Number of Original Two Attached and Performance Bond —Maple Ridge 3 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? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH 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 JH signed by the Chairman,with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 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 JH 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 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! �tti, r 8. The document was approved by the BCC on June 24,2014 and all changes made during the meeting have been incorporated in the attached document. The County 4:1 66r Attorney's Office has reviewed the changes, if applicable. }/'�:� • 'ho' 9. Initials of attorney verifying that the attached document is the version approved by the 1 1 ' “t% BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. li I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised . 5;Revised 11/30/12 16A11 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this e YN day of / J Lit4 . , 20 14 between CC Ave Mena,LLC hereinafter referred to as "Developer," and the 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 3 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: Roadway, drainage, water& sewer Improvements within twelve(12) months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of$3,615,113.74 -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 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 his 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 his 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 his designee to inspect the required improvements. The County Manager or his 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. 16A11 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 his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his 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 his 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 'Z 4•T!t day of / JL( t■L , 20 t4 . SIGNED IN THE PRESENCE OF: (Name • tit / dc e aria, LLC c'e//ir �CJay...l.ri iYN By: ki i Printed Name ''// David B. Genson Vice President "t�lrv+ �• Vi �SDrI + Printed Name/Title / - T r761/11- (President,VP, or CEO) LaVeme M. Webb (Provide Proper Evidence of Authority) Printed Name 1p( eorct: po}� L ATTEST: yawx{- -' � DWIGJCN"HT E,BROCK, CLERKS BOARD OF COUNTY 'OMMISSIONERS OF COLLI COQ , FLORIDA By: /y .A-a Deputy Clerk '. Approved as to form and legality: TOM HENNING, CHAIRMAN Scott A. Stone. Assistant County Attorney