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Backup Documents 09/13/2016 Item #16A38 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16 A S 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 he 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. John Houldsworth Development Review JH 3/16 3. County Attorney Office County Attorney Office '141/it 4. BCC Office Board of County CAS Commissioners S14';');sui ?"'N'S 5. Minutes and Records Clerk of Court's Office 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 September 13,.2016 V Agenda Item Number 16-A.38 i/ Approved by the BCC Type of Document Final Plat —Anthem Parkway Phase Tyco 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 gqi 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 September 13,2016 and all changes �� made during the meeting have been incorporated in the attached document. The , )E 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 a F,,b ivw, 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 16 A3 8 MEMORANDUM Date: March 28, 2018 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Cannon, Senior Deputy Clerk Minutes & Records Department Re: Plat— Anthem Parkway - Phase Two Attached is the Plat as referenced above, (Item #16A38) approved by Board of County Commissioners on Tuesday, September 13, 2016. If you need anything further, please feel free to contact me at 252-8411. Thank you. Attachment ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 3 8 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 42 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 41 through 42,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 /c33/ 4. BCC Office Board of County ,mss Commissioners 3kili 3-4-61- 5. Minutes and Records Clerk of Court's Office 3 c%-�m Imo'`�� 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 September 13,2016 Agenda Item Number 16-A.38 Approved by the BCC Type of Document Construction, Maintenance Agreement and Number of Original Two Attached Performance Bond-Anthem Parj4 ay Documents Attached �/ Phase Two �� 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 September 13,2016 and all changes made during the meeting have been incorporated in the attached document. The g -6“ 0 County Attorney's Office has reviewed the changes,if applicable. c 9 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 thei 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 MEMORANDUM A Date: March 28, 2018 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Cannon, Senior Deputy Clerk Minutes & Records Department Re: Construction and Maintenance Agreement & Performance Bond —Anthem Parkway - Phase Two Attached is the Plat as referenced above, (Item #16A38) approved by Board of County Commissioners on Tuesday, September 13, 2016. If you need anything further, please feel free to contact me at 252-8411. Thank you. Attachment 16 A3 8 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this "b ` day of /March / , 20 18 between CC Ave Maria 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: Anthem Parkway Phase Two 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 3 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$394,414.95 - 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. 1 6 A 3 8 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 6; day of March / / , 20 18 SIGNED IN THE PRESENCE OF: (Name of Entity)CC Ave Maria, LLC /141 Printed Names iN1\ Brian Goguen, V President/Managing Member t'dA2pi Printed Name/Title b(i) (President,VP, or CEO) RRt rA5C�1 (Provide Proper Evidence of Authority) Printed Name ATTEST: DWIG. E.BROCK, RK BOARD '4F C•,> T - ' I• 'QRS OFC• LIE' ' • TY, F II • 11m. 111 S By: L put Clerk QiF,y �ti„a�,��y� nl , C ANDY SOLIS, CHAIRMAN �„R0 Approv d as to form and legality: Scott A. Stone,Assistant County Attorney 16 A3 8 PERFORMANCE BOND No. 106819613 KNOW ALL PERSONS BY THESE PRESENTS: that CC Ave Maria, LLC 2020 Salzedo Street, Suite 200 Coral Gables, Florida 33134 (hereinafter referred to as "Owner") and Travelers Casualty and Surety Company of America One Tower Square, 3B Hartford, CT 06813 (800)873-1477 (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 Three hundred ninety-four thousand four hundred fourteen dollars and ninety-five cents ($394,414.95) 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 a certain subdivision plat named Anthem Parkway Phase 2 and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the"Guaranty Period") NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the 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. 1 6 A 3 8 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 6th day of March, 2018. WITNESSES: CC Ave aria, LLC -- ,—_, cam,_ 4-- —, By: /. t hA � Printed Name S'`°a 1 N''' C . �'}2p..� 3i t LCt® qh km 0_,,,____,:, Printed Name/Title Printed Name C- 11411-1rL 6 SFJ LL- (Provide Proper Evidence of Authority) ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF COLLIER f-i THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS too• DAY OF March, 2018, BY Brian Goquen the Vice President OF CC Ave Maria, LLC WHO IS PERSONALLY KNOWN TO ME, QR HAS PRODUCED AS IDENTIFICATION. Notary Public-State of Florida ..41.40.4.011646.0+.A.A.Absii.dho I ,`,;;p .,,, KIM D.DAVIDSON I ;r+ �+,• Notary Public-Stale of Florida � (SEAL) t - Commission#GG 154782 4 k , V/ 4� �� Y� -,.2%4:+, ,v My Comm.Expires Feb 19,2022 Printed Name 1 Vr T - . .( 6)50.-, '?`.'.'.`f•''' Bonded through NationdNolaryAssn WITNSES: Tra e s Casualty an urety Company of America By: ija.A,{t- tit ) kolk L ,. . . ..., , , P . d Name: Robin Griff' t; 1 , ��(.1 v Charity A, Moser, Attorney-In-Fact (Provide Proper Evidence of Authority) Printed Name: Shanna Olsovsky ACKNOWLEDGMENT STATE OF Florida COUNTY OF Collier THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 6th DAY OF March,2018, BY Charity A. Moser AS Attorney-In-Fact OF _Travelers Casualty and Surety Company of O America WHO IS PERSONALLY KNOWN TO ME, R HAS PRODUCED AS IDENTIFICATION. N t ry Public- State of Florida t7 Fy KRISTIN M.NEI �(� ' k. { MY COMMISSION#GG 079764 '� "' 'L -;.mo o EXPIRES:May 5,2021 •',i(rVP' Bonded Thru Notary Public Underwriters Printed Name WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 229466 Certificate No.00 7 0 0 3 3 5 9 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut. that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters.Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies").and that the Companies do hereby make.constitute and appoint Huntley A.Hornbeck II,Kristin M.Neiert,Marc E.Williams,Stephen J.Benza,Charity A.Moser,and Dawn Y.Colecchio of the City of Naples .State of Florida .their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign.execute,seal and acknowledge any and all bonds.recognizances.conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons.guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed.this 5th day of October 2016 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Os ( _sW"1z� = 6�,�L (e'"..". ..; �F4..�!!SG .p �M 5g-.4',/,\, •i JPS-tv qy° , " y 4''''''�jYa4_ p,00"4/;):,- C_TY_� a ♦ Gi 6 SP's P• '> 4J.:-....., Z y sG ,'?5'74 �p .-�[l u 1982 0 �FORVrfp a�?, �i 1 ml 3W:°pPr"4:,n9 ,. a , 1977 _£: _._ �HARTF(MD, HA9iFOrN t 3- � �f - 1951 y c [r" t 1.•. n: o: ;',0_ CCHN. t COt+N. /a N 1896 �(� �y. ct+'�aD t� �Y. 3; k `SE.AL,�oj -�dSShL:`s ;� r° •$� /.`�' o�� fi`-. 1 ,ja_ a ., w`„F�,`= . S.Amy i..r... �•�N t '„i a'god AN', v i mn hti�, '� � I l ' ii State of Connecticut By: 1) z.',,` i City of Hartford ss. Robert L.Raney.Senior Vice President On this the 5th day of October 2016 .before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters,Inc..St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company.and that he.as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G,TN In Witness Whereof,I hereunto set my hand and official seal. I � �VVr wC . My Commission expires the 30th day of June,2021. * �0t18U0 * Marie C.Tetreault.Notary Public s 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 16 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 4-18,1 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company.F.idality and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED.that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President.any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances.contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance.or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company.provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED.that any bond,recognizance,contract of indemnity-or writing obligatory in the nature of a bond.recognizance.or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President.any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President.any Senior Vice President.any Vice President. any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes.the undersigned.Assistant Secretary.of Farmington Casualty Company.Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company.St.Paul Guardian Insurance Company.St.Paul Mercury Insurance Company.Travelers Casualty and Surety Company.Travelers Casualty and Surety Company of America.and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies.which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this U) day of Mar U V 1 _20 I V Kevin E.Hughes,Assistant Sec tary �,A51./4z .. `. '0 . 54yn eeryi`��p�y,�,� �. E: e3 jo0.aO44.fs iW,'OHPORAT �,c F 3 �C� 41 �'^^'r�OVIt 1.:E v i '" , . . -•- E n S a P HARTFORD, < "3(fiRRT'Ct1DS S}1951 't St•:AL.of i„ o: �n 4 ��.. •SEAL::;t coNn. o k:.°::::y . 3 a To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the I above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 16A38 Project: Anthem Parkway-Phase 2 I� E ( � C ' ! p ' t Task: Bond Calculation Worksheet I J V f"1 Prepared By: DCH Date: 2/22/2018 ENGINEERING 4 Checked By: Date: Purpose: Calculate the remaining amount of construction/maintenance bond needed to record the Anthem Parkway-Phase 2 Plat. Given: 1) A portion of construction has been completed,and only the remaining improvements are to be included in the provided construction/maintenance bond. 2) Water,Sewer and Effluent costs are not required to be bonded,as they are directly funded by AMUC,and are therefore not included in the bond calculation. Calculations: Original OPC Summary Engineer's OPC Amount-100%Construction Amount: $ 938,342.95 (Not including Water/Sewer/Effluent) Engineer's OPC Amount-10%Maintenance Amount: $ 93,834.30 (Not including Water/Sewer/Effluent) Bond Amount per Original OPC $ 1,032,177.25 100%Construction Bond-Remaining Improvements Phase 2 Construction Item OPC Amount Completed Amount Needed Bond Earthwork $ 274,488.45 $ 148,600.80 $ 125,887.65 * Paving $ 333,862.50 $ 243,174.00 $ 90,688.50 ** Drainage $ 66,761,00 $ 66,761.00 $ - Irrigation $ 84,835.50 $ 78,226.50 $ 6,609.00 *** Miscellaneous $ 178,395.50 $ 101,000.00 $ 77,395.50 **** Totals $ 938,342.95 $ 637,762.30 $ 300,580.65 *Note:sodding of open space areas is not complete,and has been left in the remaining construction bond. **Note:2nd lift asphalt,multi-use path,signage/striping are not complete and have been left in the remaining construction bond. ***Note:valve boxes are not completed,and have been left in the remaining construction bond. ****Note:landscaping/irrigation p g/irrigation are not completed,and have been left in the remaining construction bond. 10%Maintenance Bond-Total Improvements Daniel C. Harlellyy,signed43 State fF C. 10%Maintenance Bond Amount $ 93,834.30 Hartley,P.E.73943 State of Florida ON.cn=Daniel C.Hartley,P.E. Hartley 73943 State of Florida.o=Printed copies of the document are not r considered signed and sealed and Total Bond Summary P.E. 73943 all SHA-1 authentication code must be verified on any electronic copies.,ou=The item has been 100%Construction Bond Amount $ 300,580.65 electronically signed and sealed Stateof using a SHA-1 authentication 10%Maintenance Bond Amount $ 93,834.30 code., ernail=dhartley@barroncollier.co RemainingTotal Bond Amount Florida m,c=115 $ 394,414.95 Date:2018.03.0910:4337-05'00' Daniel C.Hartley,P.E. FL Registration#73943 Peninsula Engineering Certificate of Authorization#28275 16 A3 8 Daniel Hartley From: Jason Vogel Sent: Friday, February 23, 2018 9:42 AM To: Daniel Hartley Cc: David Genson Subject: RE:Anthem Parkway Phase 2 re:Water/Sewer/Effluent Funding Greetings, Dan. Confirmed as stated below. Please let me know if you require anything additional to proceed. Thanks, Jason Ave Maria t t - I . t , c i, ., „ Jason D.Vogel 5076 Annunciation CIR, STE 102 Ave Maria, FL 34142 (239) 348-0248 JVogel@amuc.com From: Daniel Hartley Sent: Friday, February 23, 2018 9:19 AM To:Jason Vogel <jvogel@AMUC.Com> Cc: David Genson<DGenson@barroncollier.com> Subject: Anthem Parkway Phase 2 re: Water/Sewer/Effluent Funding Hi Jason, to satisfy Collier County's requirements during the plat recording of Anthem Phase 2, please accept this email as a request for confirmation that AMUC directly funds the water/sewer/effluent utility construction on Anthem Parkway, and therefore a bond for said utilities is not required. If you can please advise, we will include a copy of this email with our plat recording submittal. Thanks Jason, Dan PENINSULA ENGINEERING Daniel C. Hartley, P.E. 2600 Golden Gate Parkway Naples, Florida 34105 Office: 239.403.6713 Cell: 239.250.9408 dhartley@barroncollier.com 1 16A38 WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF CC AVE MARIA,LLC DATED AS OF FEBRUARY ,20I4 The undersigned,Board of Directors(the"Board")of CC AVE MARIA, LLC, a Florida limited liability company (the "Company"), hereby consents to the adoption of the following resolutions: Election of Officers RESOLVED,that effective as of this date that the following persons be elected to the offices of the Company set forth opposite their names below to serve in such capacities until their respective successors shall have been duly elected and shall have qualified: James M.Carr President and Assistant Secretary K. Lawrence Gragg Vice President,Assistant Secretary and Assistant Treasurer Andres Miyares Vice President Harold L. Eisenacher Vice President and Treasurer Brian Goguen Vice President Blake Gable Vice President Diana Ibarria Vice President Sale of Homes at Maple Ridge WHEREAS, the Company is the owner and developer of certain single family residential homes (the "Homes") located in a project known as "Maple Ridge at Ave Maria"in Collier County, Florida; WHEREAS, the Board deems it to be in the best interest of the Company to sell from time to time (each, a "Sale") the homes pursuant to a Maple Ridge at Ave Maria Purchase Contract (the "Agreement") by and between the Company, as seller, and each of the buyers party thereto (the "Purchaser"). NOW,THEREFORE, BE IT RESOLVED,that the President or any Vice President of the Company (the "Authorized Representative") be, and hereby is, authorized and empowered to execute and deliver, on behalf of the Company, any and all documents required in AUASU IUUS?71+t uta 1 6 A 3 8 connection with each Sale, including, without limitation (a) Maple Ridge at Ave Maria Purchase Contract, (b)a Special Warranty Deed in favor of the Purchaser,(c) an Owner's Affidavit, (d) a FIRPTA Affidavit, (e) Termination of Notice of Commencement, (f) a Closing Statement, and (g) such other documents as may be necessary to effect such Sale(collectively,the"Sale Documents");and be it RESOLVED, that each Authorized Representative, acting alone, be, and hereby is, authorized and directed to enter into, execute, and deliver the Sale Documents on behalf of the Company, with such additions, deletions, or changes therein as such Authorized Representative executing the Sale Documents shall approve, such approval to be conclusively evidenced by the execution thereof, as well as to do and perform, or cause to be done and performed, all such other acts, deeds and things, and to make,execute and deliver, or cause to be made, executed and delivered, all such other agreements, undertakings,documents, instruments or certificates, for the Company or the Company as the case may be, as the Authorized Representative may deem necessary or appropriate to effectuate or carry out fully the purpose and intent of the foregoing resolutions and to be in the best interest of the Company or the Company (as conclusively evidenced by the taking of such action or the execution and delivery of such agreements, undertakings, documents, instruments or certificates, as the case may be, by or under the direction of any authorized agent), and that all acts, deeds and things heretofore done or performed by the agents of the Company in connection with each Sale be, and hereby are, approved, ratified and confirmed in all respects and shall constitute the acts and obligations of the Company, irrespective of whether such acts or documents were performed before or subsequent to the date of the adoption thereof;and be it further RESOLVED, that this Consent may be executed in any number of counterparts and by the separate parties hereto in separate counterparts, each of which shall be deemed to be one and the same instrument;and be it further RESOLVED, that this Consent shall continue in full force and effect and may be relied upon by each Purchaser and its title insurance underwriter until receipt of a written notice of any change herein. [Signatures on following page] }ii\til iCK1:7+r}21f.3 16 A38 The undersigned have hereby executed this Consent as of the date first above written. BOARD OF DIRECTORS: t 7//,_ Blake Gable /AO/ ce► Bria- Goguen 1 Jame'.C jor �: M1 if \‘......, + . L: Trence Grafi / I wow )S 14.,tom,