Backup Documents 02/27/2018 Item #16A 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURI
Print on pink paper. Attach to original document. The completed routing slip and original documents are In be forwarded lu 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.
**NEW**ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. lithe 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
2.
3. County Attorney Office County Attorney Office
4. BCC Office
Board of County �s t
Commissioners �j 41zS 1 -ct
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 Jodi Hughes Phone Number x-5744
Contact/ Department
1/Agenda Date Item was 2/27/18 Agenda Item Number 16A1
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)
1. Does the document require the chairman's original signature? .A
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. JH
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 JH
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 2/27/18 and all changes made during the /A '
meeting have been incorporated in the attached document. The County Attorney's /l6�ll ,
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 th
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
1 6 A 1
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 20th 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: Silverwood at Ave Maria 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: Roadways, storm drainage and utility infrastructure.
within 36 months from the date of approval said subdivision plat, said improvements
hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and
by reference made a part hereof) in the amount of 3,622,279.60- 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.
16A1
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 .. 1:71/t" day of March / / , 20 18
SIGNED IN THE PRESENCE OF: (Name of Entity)CC Ave Maria, LLC
(-4"-..,c-ocutAnL).,
By: ./4 g
Printed Name r ) 1 : n Goguen
1V1� 0�
/�'✓ (_ Printed Name/Title
(President,VP, orCEO)Vice President
ki 4clrr.,r Zc e (Provide Proper Evidence of Authority)
Printed Name
ATTEST: i
DWIGHT E.'RRO K;.CLERK - BOA- OF /•U • Idiry ERS
OF ►•LLI- 0 NTY, - , • - •A•
By: _ .A B • '•••
Deputy C' a ,a;, A �0 .'4 G ln9l r ..N
- n , Qn
Ap.11ove tiff`' •Y.: egality:
Y ^
SGf51-t- . -1.3n�
Assistant County Attorney
16A1
PERFORMANCE BOND
No. 106819614
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 million six hundred twenty-two thousand two
hundred seventy-nine dollars and 60 cents ($3,622,279.60) in lawful money of the United States,
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 Silverwood at Ave Maria Phase 1 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 1
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 19th day of March, 2018.
WITNESSES: CC Ave Maria, LLC
By: je
Printed Name =t'rC3►NA 1• h)K2-b..,/ Brian Goguen, Vice Pre ident
Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS e DAY OF
April 18, 2018, BY Brian Goguen the Vice President OF CC Ave Maria, LLC WHO IS PERSONALLY
KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public- State of Florida ' P, ';,9,,, KIM D.DAVIDSON
Notary Public-Stale of Florida
�•' • Commission#GG 154782
•
(�/ ��(�y f /� ( =.;•,'°°' P ;; My Comm.Expires Feb 19,2022 (SEAL)
���"'��- '"-C/"�' ` J�"��'� 9?:,' ',"•' BordedthroughNationalNotaryAssn.
Printed Name
WITNESSES: Tra -r Casualty and S rety Company of America
Y\k-164/1'
C /, 1 By:
•rinted Name: 'obin Griffin
F-Ary1A0.e,WeL Charity A. Moser, Attorney-In-Fact
(Provide Proper Evidence of Authority)
Printed Name: Emily Strassel
ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF Collier
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS_18th DAY OF
_April, 2018, BY Charity A. Moser_ AS Attorney-In-Fact OF Travelers Casualty and Surety Company of
America, WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS
IDENTIFICATION.
ary Public- State of Florida
' ' :i��P•'" KRISTIN M.NEIERT
• ok, ;._ MY COMMISSION#GG 079764
EXPIRES:May 5,2021
Pri ed Name Kristin Neiert ,,g,F„ Bonded ThruNotary Public undem;ters
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER h �i
POWER OF ATTORNEY 1 6 A 1
TRAVELERS ' 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
Attorney-In Fact No. 229466 Certificate No.O O 7 O O 3 3 6 4
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,rccognizances,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
C�SUA ��itTY `..1`t •IF. iint ub'Wq, ,y4'K Hg"*• IZ'N\;;;;\
`' <1L [TY_
YA49rf p oP'P• Ir 99 re C G 6� E AsQ1982�0 Y 19� MC�PoRAiEO my _, c m :b i p00.PO4A lf'.1^'°£ —._ :n MA a`s�
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State of Connecticut By:
City of Hartford ss. Robert L.Raney.Senior Vice President
On this the 5th day of October 2016 ,before me personally appeared Robert L.Raneywho 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.
�,Tb7
In Witness Whereof,I hereunto set my hand and official seal. ‘10Q C
My Commission expires the 30th day of June,2021. * L1G # Marie C.Tetreault.Notary Public
58440-5-16 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 6 A .
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty ompany.LFidelity
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 hearing 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.
1.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.
f\ACTC1/\
IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed the seals of said Companies this � day of ,20
> ..., i
Kevin E.Hughes,Assistant Sec tar)
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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
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
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 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. 'I'hc completed routing slip and original documents are to he forwarded to the County Attorney()flier
al 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.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate fix additional signatures,dates,and/or inbormation 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
A01
/aO f
4. BCC Office Board of County c;S
Commissioners /L5 AV-4%
5. Minutes and Records Clerk of Court's Office a-C1 �r 13Ml
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 Jodi Hughes Phone Number x-5744
Contact/ Department
Agenda Date Item was 2/27/18 Agenda Item Number 16A17/
Approved by the BCC
Type of Document Plat,Ninth Amendment to Declaration Number of Original 2
AttachedS\\Vc)r..>.-ope� 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?
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. JH
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 JH
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 2/27/18 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
BCC,all changes directed by the BCC have been made,and the document is ready for t
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: 1 6 A 1
Cheryl L.Hastings,Esq.
GRANT FRIDKIN PEARSON,P.A.
5551 Ridgewood Drive,Suite 501
Naples,Florida 34108
(space above line for official use only)
NINTH 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; and that 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; as amended by that certain 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; as amended by that certain 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; as amended by that certain 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; as amended by that certain
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 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 Amenity Center at Ave Maria plat recorded in Plat Book
, Pages through ; and the property described in the Silverwood at Ave
Maria(Phase 1) Plat recorded in Plat Book , Pages through ; both of the
Public Records of Collier County, Florida(collectively, 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 ctri'��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
Page 1 of 7
1 641
recorded in Plat Book 60, Pages 85 through 90; the Maple Ridge Amenity Center at Ave
Maria plat recorded in Plat Book 63 , Pages 7 through 8; 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 , Pages
through ; 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 day of , 2018.
Signed, Sealed and Delivered
in the Presence of:
CC AVE MARIA, LLC, a Florida limited
liability company
7h \kLatiGiJ
Witness #1
rr)11e4 McKkAmn rA
Printed!Tame Witness #1
By:
Witness #2 ; Brian Goguen,as President
cl ta tz
Printed Name Witness #2
Page 2 of 7
16 .A1
STATE OF FLORIDA
COUNTY OF COLLIER
�a
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this day
of A Fri 1 , 2018, 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.
(4..) cia)
(SEAL) Not jry Public-State of Florida
Printed Name of Notary
My Commission Expires: Z ka-Lo Z Z
';;Y';,'-• KIM D.DAVIDSON
r` :1..: NotaryPubi,c-Staleo`Floida
• Commission#GG 154782
My Comm.Expires Feb 19.2022
?F.-, : Bonded through NalionaNotary Assn
Page 3 of 7
16A1
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 THOSE LANDS DESCRIBED IN THAT CERTAIN PLAT OF MAPLE RIDGE AMENITY
CENTER AT AVE MARIA RECORDED IN PLAT BOOK , PAGES THROUGH ; OF
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).
Page 4 of 7
16A1
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
AND
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 , PAGES THROUGH ; 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 5 of 7
16Al
JOINDER AND CONSENT
THIS JOINDER AND CONSENT is given this day of , 2018, 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 in Official Records Book 5057, Page 3130; Official Records
Book 5074, Page 0476; Official Records Book 5237, Page 2996; 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 Ninth 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 Ninth 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, 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
/kUltir) ? �I I /�
t �L� l' By •
:
Witness #1 SUSAN S. BEAUGRAND, as Senior Vice
President
i'lt ...(,� �rLk
Printed Name of Witness #1
Witness #2
Kathryn C. Bateman
Printed Name of Witness #2
Page 6 of 7
1 6 A 1
STATE OF FLORIDA
COUNTY OF DUVAI_
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this-dila day of
, 2018, by SUSAN S. BEAUGRAND, as Senior Vice Presidentf Wells Fargo
Bank, National Association, on behalf of said bank, who is personally known to m (Yes )(No) or who
produced as identification.
Notary oPpu is-State Florida
(Notary Seal) , a�ryn C. Bateman
Typed, stamped, or Printed Name of Notary
My Commission Expires:
- ass KATHRYN C.BATEMAN
�,r* ,,,V:1 Notary Public-State of Florida
4 t, My Comm.Expires Feb 20,2019
'';:eitig,V Commission # FF 171539
•
Page 7 of 7