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Backup Documents 10/14/2014 Item #16A 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO / 6 A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE H 7 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#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 14 b Commissioners \i\Q / lz\z\V.\ 5. Minutes and Records Clerk of Court's Office (2(021 I y 3.2gpn1 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 Oct. 14,2014 Agenda Item Number 16-A7 /�,� Approved by the BCC �' Type of Document Plat - Coquina at Maple Ridge, Phase 1 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) I. 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 Oct. 14,2014 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. "" 9. Initials of attorney verifying that the attached document is the version approved by the I V BCC,all changes directed by the BCC have been made,and the document is ready fort : ., Chairman's signature. 1: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 1 6 A7 D„k 1 JOINDER AND CONSENT This Joinder and Consent is given this day of Florida Integrity Bank(`Mortgagee"), the owner and holder of a Mortgage recorded in Official Records Book 5069, page 1245, securing a principal indebtedness of $5,700,000.00, together with Assignment of Rents and Leases recorded in Official Records Book 5069, page 1276 and UCC Financing Statement recorded in Official Records Book 5069, page 1287, 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 plat of Coquina Maple Ridge Phase 1, recorded at Plat Book , Page of the Public Records of Collier County, Florida('Plat"). Now, therefore, for good and valuable consideration, receipt of which is hereby acknowledged, Mortgagee hereby consents to and joins in the recordation of the Plat and agrees that Mortgagee and the Loan Documents are subject to the terms thereof In witness whereof, the Mortgagee has executed this Joinder and Consent as of the day first above written. Signed, sealed and delivered MORTGAGEE: in the presence of: FIRST FLORIDA INTEGRIT BANK By: 2 A---j-------A--'. 4 : o._rl,ec,,,, 1 . 1) _ \,,1•c\: e...� ,a ice President ji, Printed name of It'mess::I (Corporate Seal) i/); --i-V ,,„',7 s c Kelly Orcutt Printed name ofII''mess =? 0 IZt(3 ' t,i A C_., e-7,41 y t .i 1.. u 16A7 STATE OF FLORIDA ) )§§ COUNTY OF C r( 1 .O( ) iyi I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this (-121) day of ( f-OL,Q4- 2014, by e3.. 0 G (--(1 ,0-, ( , as Vice P ident of First Florida Integrity Bank, on behalf of said bank, who is personally known to m (Yes (No) or who produced as identification. 4-------\ 0't_.0 a-A Notary Pub)State of Florida Orcutt (Notary Seal) Kelly — Typed, stamped, or Printed Name of Notary • ",m",a, KELLY ORCUTT My Commission Expires: i `:k Rotary Public-State of Florida %;,� My Comm.Expires Jul 27,2018 Int Commission N FF 141367 1 6 Prepared By and Return To: (,�G A 7 1 Cheryl L.Hastings,Esq. GRANT FRIDKIN PEARSON,P.A. 5551 Ridgewood Drive,Suite 501 Naples,Florida 34108 (space above line for official use onrvi FOURTH 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 Easements for Maple Ridge at Ave Maria, recorded at Official Records Book 5012, Pages 3688 through 3690; as amended by that certain 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; as further amended by that certain 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; 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 portions of the property described in the Coquina at Maple Ridge Phase 1 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 (deleted terms are shown as s Eethrough 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 Coquina at Maple Ridge Phase 1 plat recorded in Plat Book_ ,Pages through ; and the Hampton Village Phase I 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 3 1 6 A 7 IN WITNESS WHEREOF, CC AVE MARIA, LLC, has caused this Amendment to be executed this day of 0 C_4, , 2014. Signed, Sealed and Delivered in the Presence of: CC AVE MARIA,LLC, a Florida limited 1 f4 C�1 — liability company Witness/ #1 D . 4 6". STIG(G1,4A M Printed Name Witness #1 I � t • • r By: �. •ness #2 Brian Goguen, a ice President a a• cam' Printed Name Witness #2 STATE OF FLORIDA COUNTY OF MIAMI-DADE I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this ZO day of 06t , 2014, 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. I►iI (SEAL) Notary Public-State of Florida P j c1 Qcw\ts\1/4 \tower( Ar../.4!,,,"'ti •` •,,, Austin David Howell Printed Name of Notary =,l tCOMMISSION#FF120795 My Commission Expires: 1a, ,: °EXPIRES: MAY 07,2018 °�� eONDW NOTARY,1st FLORIDA NOTARY,LLC EXHIBIT A Page 2 of 3 1647 EXHIBIT A ALL OF THOSE LANDS DESCRIBED IN THAT CERTAIN PLAT OF HAMPTON VILLAGE PHASE I 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 I 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 TI-TROUGH 49, OF THE PUBLIC RECORDS OF COLLIER COUNTY, AND Y CC ALL OF THOSE LANDS DESCRIBED AS COQUINA AT I ER PLAT BOOK PAGE , COLLIER COUNTY FLOR TRACT "A", TRACT "C" AND TRACT "D" OF SAID PLA' �N OF TRACT "R", BECKTON ROAD, BEING MORE PARTII FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRA COQUINA AT MAPLE RIDGE PHASE I; 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. Page 3 of 3 1 6 47 JOINDER AND CONSENT THIS JOINDER AND CONSENT is given this 3 day of 0 cAvb zt , 2014, by AVE MARIA DEVELOPMENT, LLLP, a Florida limited liability limited partnership (the "Owner"), the owner of those certain lands being submitted to the Declaration of Covenants, Restrictions and Easements for Maple Ridge at Ave Maria Declaration of Covenants, Restrictions and Easements for Maple Ridge at Ave Maria, recorded at Official Record Book 4958, Page 0857, et. seg.; as amended by that certain 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; as amended by that certain 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; as further amended by that certain 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; of the Public Records of Collier County, Florida (collectively, the "Declaration"); by that certain Fourth 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 (the "Fourth Amendment")to which this Joinder and Consent is attached. WHEREAS, for good and valuable consideration, the receipt of which is hereby acknowledged, the Owner has been requested to join in and consent to the Declaration and the Fourth Amendment. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the Owner hereby consents to and joins in the recordation of the Declaration and the Fourth Amendment. IN WITNESS WHEREOF, the Owner has executed this Joinder and Consent the date first above written. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGES TO FOLLOW.] 16A7 Signed, sealed and delivered OWNER: in the presence of: AVE MARIA DEVELOPMENT, LLLP, a Florida limited liability limited partnership By: BARRON COLLIER CORPORATION, a Florida corpo .tion, as Mana •3 'artner �w, ry . CI (✓Elka . By: /iA ___Witness #1 D o 1 d, aPresident a4totr`f C Slx1C-biiVitA Printed Name of Witness #1 Witness#2 (/4.,* . i4448 Printed Name of'Witness #2 STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this-75O day of October, 2014, by DOUGLAS E. BAIRD, as Vice President of Barron Collier Corporation, a Florida corporation, as the managing partner of Ave Maria Development, LLLP,a Florida limited liability limited partnership, on behalf of the partnership, who is personally known to me AV (lit31-et•-•%41e-pr-ectueed a +€teatien. Nutarn Public-State of Florida e!"•'••• '` �S # RJ ,�owell 1'�r�'C\CI \U\IK WtA) \ 1*- •: ?COMMISSION#FF120795 Tiped, stamped. or Printed Name o/Notary _ • MAY 07,2018 �'�•r.•.�� IXPIRES: �•';�• 'Fda` BONDED THRU My Commission Expires: '#•#nay`' 1st FLORIDA NOTARY,LLC Page 2 of 3 16A ? Signed,sealed and delivered OWNER: in the presence of: AVE MARIA DEVELOPMENT,LLLP,a Florida limited liability limited partnership By: Nua Baile, LLC,a Florida limited liability company,as General Partner trot 1,U ti AO Gt )'l ( ` QU,ciu By: Witness#1 Paul R. Roney,as Presid t �fl,l( yll�t JM. OliVl� Printed Name of Witness#1 E - Witness #2 Printed Name of Witness#2 STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this 20 day of October, 2014, by PAUL R. RONEY, as President of Nua Baile, LLC, a Florida limited liability company, as General Partner of Ave Maria Development, LLLP, a Florid. limited liability limited partnership, on behalf of the partnership, who is personally known to me (00 (No) or who produced as identification. "r�''�, Austin David Howell Notary Public-State of Florida sages .:. • s FF120795 �} t.1 �c1�d .-j kl c�F�`' EXPIRES: MAY 07,2018 Typed, stamped, or Printed Name of Notary •'•� •••* ,` BONDEDTHRU ,,, 1st FLORIDA NOTARY,LLC My Commission Expires: Page 3 of 3 16A7 JOINDER AND CONSENT THIS JOINDER AND CONSENT is given this ZZ"day of U(`'"C)z.l , 2014, by FIRST FLORIDA INTEGRITY BANK ('Mortgagee"), the owner and holder of a Mortgage recorded in Official Records Book 5069, Page 1245, securing a principal indebtedness of$5,700,000.00; together with an Assignment of Rents and Leases recorded in Official Records Book 5069, Page 1276 and a UCC Financing Statement recorded in Official Records Book 5069, Page 1281; 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 Fourth 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 Fourth 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. IN WITNESS WHEREOF, the Mortgagee has executed this Joinder and Consent the date first above written. Signed, sealed and delivered MORTGAGEE: in the presence of: FIRST F ORIDA IN ' G ' V BANK - 4) CLI-LGQQ /)d By: itness #1 \Ar:1l:,/4L". %II- e as Vice President Printed N me of Witness #1 (Corporate Seal) )Q.,,,7,) ',Ur-4-# ,.._,k Witness #2 v Kelly Orcutt Printed Nurne of Witness #2 STATE OF FLORIDA COUNTY OF Cc, it i-=-( I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this,4 day of (7CtoL .r' 2014, by ''), 1' ra> r - «.�t_ , as Vice Presid-. of First Florida Integrity Bank, on behalf of said bank, who is personally known to me 460 (No) or who produced as identification. -.4)Q (t0 It x AAA Notary Public State of Florida .„.,0; "PV•i KELLY ORCUTT Typed, stamped, or Printed Name of Notary �� Notary Public State of Florida !ltv Commission Expires: .,5 My Comm.Expires Jul 27,2018 .,•rpt;Pit Commission#FF 141367 16A7 JOINDER AND CONSENT THIS JOINDER AND CONSENT is given this Zr:13 day of &fat. , 2014, by WELLS FARGO BANK, NATIONAL ASSOCIATION ("Mortgagee"), the owner and holder of a Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing recorded in Official Records Book 4987, Page 2346; as modified by that certain Mortgage Modification Agreement and Certificate of Future Advance recorded in Official Records Book 5074, Page 0476; 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 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 Easements for Maple Ridge at Ave Maria, recorded at Official Records Book 5012, Pages 3688 through 3690; as amended by that certain 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; as further amended by that certain 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; of the Public Records of Collier County, Florida; as further amended by the Fourth 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 (collectively, the "Declaration"). NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, Mortgagee hereby consents to and joins in the recordation of the Declaration and the Loan Documents are subject to the terms thereof. IN WITNESS WHEREOF, the 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 'i?1•, , C/ By: 1-4-Af-Vit-343(2 (.t.,-U Witness #1 SUSAN S. BEAUGRAND, as Senior Vice President Kathryn C. Bateman Printed Name of Witness #1 (Corporate Seal) C:il y .—r ,Luvoo 1Vi, /ss #2 Jacinta M. Barnes Printed Name of Witness #2 1 6 A 7 STATE OF FLORIDA COUNTY OF DUVAL I HEREBY CERTIFY that the foregoing instrument was acknowledged before me thisa3'day of OC.+Obe 2014, by SUSAN S. BEAUGRAND, as Senior Vice Pres'.ent of Wells Fargo Bank, National Association, on behalf of said bank, who is personally known to iiggi (No)or who produced as identification. 4 it,C 0 1,1.(�i�l�t vL( %✓) N 1 ry Pt blip -St t o lorida (Notary Seal) Jae>lnta M.Zanies Typed, stamped, or Printed Name of Notary My Commission Expires: elio(2oi5 !4tr$44, Notary Public State of Florida 4Jacinta Michelle Barnes My Commission EE120889 o fld Expires 08N0/2015 Page 2 of 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 A 7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO •L 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#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 kVol•V(9 4. BCC Office Board of County -TV\ b Commissioners VV(/5Y 5. Minutes and Records Clerk of Court's Office RI" k2.LO21(4 3.z4 ffh PRIMARY CONTACT INFORMATION �l 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 Houldswo h Phone Number x-5757 Contact/ Department Agenda Date Item was Oct. 14,2014 Agenda Item Number 16-A7 Approved by the BCC Type of Document Construction and Maintenance Agreement Number of Original Two Attached and Performance Bond - Coquina at Maple Documents Attached Ridge, Phase I 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. (Ail 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 Oct. 14,2014 and all changes made I f � during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. ) -;' 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,Revise. 2.24.05;R ised 11/30/12 1 6 A 7 MEMORANDUM Date: December 3, 2014 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Plat, Construction & Maintenance Agreement and Performance Bond for Coquina @ Maple Ridge, Phase 1 Attached a copy of the documents as referenced above, (Item #16A7) approved by the Board of County Commissioners on October 14, 2014. If you need anything further, please feel free to contact me at 252-8411. Thank you. Attachment 16A7 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this /01/4 day of November / / , 20 14 between t au 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: Coquina at Maple Ridge Phase 1 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 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$872,038.34 -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. 16A7 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 I c) •`I'day of November , 2014 SIGNED IN THE PRESENCE OF: (Name of - / y)AV= aria Development, LLLP dAg.,;(0„.".... By: rinted Name i/ ()et VI 1 Barron Collier Corporatio , - Florida corporation, its Managing Partner I Printed Name/Title asg/ '���1 411 g (President,VP, or CEO)Douglas E. Baird, Vice President � � �We�( (Provide Proper Evidence of Authority) Printed Name ATTEST: DWIGHT E. BROCK, LERK ,e- ` BOARD OF , OUNTY s OMMISSIONERS - OF COLLI;/ COU. , FLORIDA Ca* -4 V_a A ki I O...A-fJ : B • '••••• - _ - •u Clerk Attest-to Cjiatr{llan's TOM HENNING, C$airman Appr ved as t form arid legality! - ^ii. Scott A. Stone, - Assistant County Attorney