AVE MARIA STEWARDSHIP COMMUNITY DISTRICT

COLLIER COUNTY REGULAR BOARD MEETING APRIL 5, 2022
9:00 A.M.

Special District Services, Inc.
The Oaks Center 2501A Burns Road
Palm Beach Gardens, FL 33410

www.avemariastewardshipcd.org 561.630.4922 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA
AVE MARIA STEWARDSHIP COMMUNITY DISTRICT REGULAR BOARD MEETING
April 5, 2022
9:00 a.m.
Ave Maria Master Association (office/fitness center) 5080 Annunciation Circle, Unit 101
Ave Maria, Florida 34142
TO JOIN VIA ZOOM: https://us02web.zoom.us/j/83198051068 MEETING ID: 831 9805 1068 DIAL IN AT: 1 929 436 2866

Call to Order
Pledge of Allegiance
Invocation
Proof of Publication…	Page 1
Establish Quorum
Additions or Deletions to Agenda
Comments from the Public for Items Not on the Agenda
Approval of Minutes
March 1, 2022 Regular Board Meeting Minutes…	Page 2
Old Business
New Business
Consider Approval of Demand Note Agreement with Ave Maria Development…	Page 11
Audience Comments
Consider Approval of Construction Cost Share Agreement with Ave Maria Development…	Page 19
Audience Comments
Consider Approval of Temporary Construction Access Agreement…	Page 29
Audience Comments
Discussion Regarding Golf Cart Use on Public Streets…	Page 35
Audience Comments
Consider Resolution No. 2022-13 – Authorizing Boundary Amendment…	Page 37
Audience Comments
Administrative Matters
Legal Report
Engineer Report
Manager’s Report
AMSCD Projects Update…	Page 39
Financials…	Page 43
Board Members Comments
Adjourn

Page 1

AVE MARIA STEWARDSHIP COMMUNITY DISTRICT REGULAR BOARD MEETING
Ave Maria Master Association 5080 Annunciation Circle, Unit 101 Ave Maria, Florida 34142
or
TO JOIN VIA ZOOM: https://us02web.zoom.us/j/83198051068 MEETING ID: 831 9805 1068 DIAL IN AT: 1 929 436 2866
MARCH 1, 2022

CALL TO ORDER

The March 1, 2022, Regular Board Meeting of the Ave Maria Stewardship Community District (the “District”) was called to order at 6:00 p.m. in the Ave Maria Master Association located at 5080 Annunciation Circle, Unit 101, Ave Maria, Florida 34142. The meeting was also available via the Zoom information indicated above.

On behalf of the Board, Mr. Peek offered condolences to Mr. Klucik on the death of his father.

PLEDGE OF ALLEGIANCE

INVOCATION

Mr. Klucik led the meeting in prayer.

PROOF OF PUBLICATION

Proof of publication was presented indicating that notice of the Regular Board Meeting had been published in the Naples Daily News on February 21, 2022, as legally required.

ESTABLISH A QUORUM

A quorum was established with the following:

Board of Supervisors
Chairman	Thomas Peek	Present	
Vice Chair	Jay Roth	Present	
Supervisor	Jeff Sonalia	Present	
Supervisor	Tom DiFlorio	Present	
Supervisor	Robb Klucik	Present	

District Staff in attendance were:

District Manager	Andrew Karmeris (via Zoom)	Special District Services, Inc.	
District Manager	Kathleen Meneely	Special District Services, Inc.	
Page 1 of 7

General Counsel	Alyssa Willson (via Zoom)	Kutak Rock, LLP	
District Engineer	Ted Tryka	Agnoli Barber & Brundage, Inc.	
Owner Representative	Austin Howell	Barron Collier Companies	

Also present were the following:

Patrick Linn – Collier Mosquito Control District
Russ Weyer – Real Estate Econometrics, Inc. (via Zoom)
Kim Twiss, Donnie Diaz, Beatrice & David Sanford, Diana Romero, Laurie Wamser, Nicole Green, Stu Grzenkowicz and Laura Lang.

There were also many others present via Zoom.

ADDITIONS OR DELETIONS TO THE AGENDA

Mr. Klucik requested the addition of a discussion on the replaced sidewalks on Ave Maria Boulevard, where the sod was never repaired. There was a consensus of the Board to add this item under New Business.

Mr. Klucik noted the well-attended in-person audience and via Zoom for tonight’s meeting.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

Ms. Romero asked if there was an update on a cemetery installation. Mr. Howell advised that they were still gathering information on the concept.

Mr. Grzenkowicz asked about the lowering the speed limit on Ave Maria Boulevard by the Nationals. Mr. Tryka advised that he could look into it, but when the community was master planned, there was an approved plan for speed zones. Mr. Peek added that the County had oversight and the speed limits cannot be changed without proper engineering studies. Mr. Tryka also advised that intersections do not play majorly into speed designations. Mr. Howell indicated he would have their traffic consultant look at the area and coordinate with Mr. Tryka.

Beatrice Sanford asked the status of an assisted living facility or boutique hotel. Mr. Howell indicated that there was nothing concrete on the issue and would bring an update to a future meeting.

APPROVAL OF MINUTES

February 1, 2022, Regular Board Meeting

The minutes of the February 1, 2022, Regular Board Meeting were presented for consideration.

A motion was made by Mr. Klucik, seconded by Mr. DiFlorio and passed unanimously approving the minutes of the February 1, 2022, Regular Board Meeting, as presented.

OLD BUSINESS
Page 2 of 7

Consider Ratification of Settlement and Release Agreement

A motion was made by Mr. Klucik, seconded by Mr. DiFlorio and passed unanimously ratifying the settlement and release agreement, as presented.

Mr. Klucik then requested taking New Business items 7 through 11, as he needed to leave early due to family matters. The Board agreed to the change of order of the agenda items.

NEW BUSINESS

Presentation by Collier Mosquito Control District

Patrick Linn, Executive Director of Collier Mosquito Control District, gave a PowerPoint presentation regarding a proposed expansion of the mosquito district. He stated that Ave Maria was currently under contract with Collier Mosquito Control District and went over the species in the area, applications used, statistics and the process of expansion. The proposed new district, he added, would include Ave Maria as well as large boundaries around it, which would result in improved levels of service for the area. He continued that a referendum was required and residents in the audience expressed support for the expansion.

Financing
Series 2012 Refinancing Bonds
Consider Resolution No. 2022-08 - Ratifying Sale of Bonds and Associates Actions
- Series 2022A

Resolution No. 2022-08 was presented, entitled:

RESOLUTION 2022-08

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT RATIFYING, CONFIRMING, AND APPROVING THE SALE OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT CAPITAL IMPROVEMENT REVENUE REFUNDING BONDS, SERIES 2022A; RATIFYING, CONFIRMING, AND APPROVING THE ACTIONS OF THE CHAIRMAN, VICE CHAIRMAN, TREASURER, SECRETARY, ASSISTANT SECRETARIES, AND ALL DISTRICT STAFF REGARDING THE SALE AND CLOSING OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT CAPITAL IMPROVEMENT REVENUE REFUNDING BONDS, SERIES 2022A; DETERMINING SUCH ACTIONS AS BEING IN ACCORDANCE WITH THE AUTHORIZATION GRANTED BY THE BOARD; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

A motion was made by Mr. Roth, seconded by Mr. DiFlorio and passed unanimously adopting Resolution 2022-08, as presented.

Consider Supplemental Disclosure of Public Financing

Page 3 of 7

A motion was made by Mr. DiFlorio, seconded by Mr. Roth and passed unanimously approving the Supplemental Disclosure of Public Financing, as presented.

Series 2022 Maple Ridge Phase 5 Bonds
Consider Resolution No. 2022-09 - Ratifying Sale of Bonds and Associated Actions – Series 2022

Resolution No. 2022-09 was presented, entitled:

RESOLUTION 2022-09

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT RATIFYING, CONFIRMING, AND APPROVING THE SALE OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2022; RATIFYING, CONFIRMING, AND APPROVING THE ACTIONS OF THE CHAIRMAN, VICE CHAIRMAN, TREASURER, SECRETARY, ASSISTANT SECRETARIES, AND ALL DISTRICT STAFF REGARDING THE SALE AND CLOSING OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2022; DETERMINING SUCH ACTIONS AS BEING IN ACCORDANCE WITH THE AUTHORIZATION GRANTED BY THE BOARD; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

A motion was made by Mr. Roth, seconded by Mr. DiFlorio and passed unanimously adopting Resolution No. 2022-09, as presented.

Consider Supplemental Disclosure of Public Financing – 2022 Bonds

A motion was made by Mr. Roth, seconded by Mr. DiFlorio and passed unanimously approving the Supplemental Disclosure of Public Financing – 2022 Bonds, as presented.

Consider Revision to August 2021 Master Bonds Supplemental Assessments Report

Mr. Weyer advised that this was to correct scrivener’s errors in the bond issue.

A motion was made by Mr. Roth, seconded by Mr. DiFlorio and passed unanimously approving the revision to the August 2021 Master Bonds Supplemental Assessments Report, as presented.

Consider Resolution No. 2022-10 – Adopting a Revised Series 2010 Master Bonds Supplemental to the Fourth Sub-Master Supplemental Assessment Methodology Report

Resolution No. 2022-10 was presented, entitled:

RESOLUTION 2022-10

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT ADOPTING A REVISED SERIES
Page 4 of 7

2021 MASTER BONDS SUPPLEMENT TO THE FOURTH SUB-MASTER SUPPLEMENTAL ASSESSMENT METHODOLOGY REPORT FOR THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.

A motion was made by Mr. Sonalia, seconded by Mr. DiFlorio and passed unanimously adopting Resolution No. 2022-10, as presented.

Letter from District Construction Manager Regarding Bids for Anthem Parkway Retrofit Project

Mr. Howell went over the letter from Earth Tech Enterprises, which outlines the details of the Anthem Parkway Retrofit Project in the amount of $670,885.67.

Consider Resolution No. 2022-11 – Awarding Contract for Anthem Parkway Retrofit Project

Resolution No. 2022-11 was presented, entitled:

RESOLUTION 2022-11

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT REGARDING THE AWARD OF A CONSTRUCTION CONTRACT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

A motion was made by Mr. Roth, seconded by Mr. DiFlorio and passed unanimously adopting Resolution no. 2022-11, as presented.

Consider Resolution No. 2022-12 – Designating Emergency Facility Debris for Removal

Resolution No. 2022-12 was presented, entitled:

RESOLUTION 2022-12

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP DISTRICT CLASSIFYING SURPLUS TANGIBLE PERSONAL PROPERTY; AUTHORIZING DISPOSITION OF SURPLUS TANGIBLE PERSONAL PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

Mr. Diaz advised that this was for the dismantle equipment in the carports and wash area.

A motion was made by Mr. Roth, seconded by Mr. DiFlorio and passed unanimously adopting Resolution No. 2022-12, as presented.

Page 5 of 7

Consider Old EMS Building Removal

Mr. Diaz advised that the Paradise Coast Builders’ proposal was in the amount of $6,800.

A motion was made by Mr. Roth, seconded by Mr. DiFlorio and passed unanimously approving the removal of the old EMS building and awarding Paradise Coast Builders the contract to remove in the amount of $6,800.

Consider Proposal for Wastewater and Stormwater Needs Analysis

Ms. Willson stated this was a statutory requirement for all local governments that must be completed and submitted by June 15. Mr. Howell stated that the developer would pay the $34,900 to Peninsula Engineering for the analysis.

A motion was made by Mr. Klucik, seconded by Mr. Roth and passed unanimously approving the Peninsula Engineering proposal in the amount of $34,900 for the wastewater and stormwater needs analysis, amended to reflect that the developer would provide a binding document indicating that they would pay for the study.

Discussion Regarding Golf Cart Accountability and Police Violations

Mr. DiFlorio advised that there was a serious problem with golf carts and that the sheriff’s office had been stopping the carts, but not nearly enough, and they are just handing out warnings. He suggested that handbooks be given out at closings and added that 50% of the carts were not registered. Mr. Peek asked to add this to the agenda and bring it back to the next meeting with information of what the police can and cannot do.

Discussion Regarding Signage throughout Community

Mr. Howell indicated that letters were being sent to builders this week who will have 60 days to come into compliance. He added that copies of the letter would be sent to the Board Members.

Mr. Klucik left the meeting at 6:55 p.m. at which time the Board went back to New Business items.

ADMINISTRATIVE MATTERS

Legal Report

Ms. Willson had nothing further to report.

Engineer’s Report

Mr. Tryka advised of a complaint received concerning a missing sign at the Del Webb entrance and was being replaced. He also stated that a resident had complained about the stop sign on Avila that people run all the time. Mr. Tryka noted that he recommends having the sheriff patrol the area more often.

Manager’s Report

Page 6 of 7

a AMSCD Projects Update

Mr. Howell went over the projects update and stated that he was working with the school on the bus stops. Ms. Lang asked about the progress on charging stations for electric cars and Mr. Howell stated that meetings were beginning in order to look into the project.

b. Financials

Mr. Karmeris stated that the financials were on track with 33.3% of the fiscal year completed.

BOARD MEMBER COMMENTS

There were no comments from the Board Members.

ADJOURNMENT

There being no further business to come before the Board, the Regular Board Meeting was adjourned at 7:50 p.m. by Chairman Peek. There were no objections.

Secretary/Assistant Secretary	Chair/Vice-Chairman

Page 7 of 7

AVE MARIA STEWARDSHIP COMMUNITY DISTRICT
MARCH 2022-DRAFT

Project Name	Start
Date	End
Date	Est. Cost	%
Complete	Responsible
Party	Comments	
Landscaping S.
AMB- Phase II	07/2020	TBD	TBD	0%	AMD	Received 2 bids, waiting on
3rd bid.	
Pilot Program-
Landscaping	11/2020	TBD	TBD		AMD	Anthem Phase 4 Inverted
Median – in design	
Avila/Roma 4-way	10/2021	02/2022	$20,000	Design 100%	District Engineer/	January construction start	
stop “swap” &				Begin Bid	AMD	expected.	
“STOP” on Roads;							
Parking Spot							
Removal							
Anthem Parkway
Phase 4	12/2020	03/2022	$2.6M	0%	AMD	Project underway	
Trees Replacement around Milano,
Avilla and AMB	10/2022	TBD				See monthly landscape report.	
Signage throughout
community					AMD	Draft of rules presented at
February 2022 meeting.	
External Projects							
Fire Station
Construction	03/2020	TBD	N/A		Immokalee Fire
District	Fire dept in new station, but
grand opening at later date.	
Public School K-5	03/2020	08/2024			AMD/School Bd	Architect/Design Phase	
Security Cameras (License Plate
Readers)	02/2021	2/2022	$70,000	100%	Master Assoc.	Waiting on Verizon account setup..	

AVE MARIA STEWARDSHIP COMMUNITY DISTRICT

Security Cameras (At North and South
Park)	01/2020	2/2022	$140,000	100%	Master Assoc.	Waiting on Verizon account setup.	
Hospital	TBD	TBD	TBD			AMD has done everything on their end. It is in the hands of the potential Hospital
Providers	

DEMAND NOTE AGREEMENT

WHEREAS, on	, 2022, the Ave Maria Stewardship Community District (“the District” or “Owner”) entered into a contract with Earth Tech Enterprises, Inc., a Florida corporation (“Principal”) for construction services for the Anthem Park Retrofit project, a copy of which is attached hereto as Exhibit “A” (“the Contract”); and

WHEREAS, Section 255.05(7), Florida Statutes, provides in pertinent part, “[i]n lieu of the bond required by this section, a contractor may file with the state, county, city or other political authority an alternative form of security in the form of . . . a security of a type listed in part II of chapter 625”; and

WHEREAS, Section 255.05(7), Florida Statutes, in pari materia with 625.317, Florida Statutes (a component of part II of chapter 625), permits “notes” and “other interest-bearing or interest accruing obligations of any solvent corporation [or its subsidiary] organized under the laws of . . . any state” as alternative forms of security under Section 255.05(7), Florida Statutes; and

WHEREAS, Section 255.05(7), Florida Statutes, also provides in pertinent part, that “[a]ny such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bond required by this section”; and

WHEREAS, Ave Maria Development, LLLP (“Guarantor”), is a subsidiary of a solvent company organized as required by Section 255.05(7), Florida Statutes; and

WHEREAS, Guarantor desires to provide this instrument (“Demand Note”) to obviate the need for the District to incur the expense of requiring the issuance of a standard public construction bond; and

WHEREAS, the District, Guarantor and Principal intend for this Demand Note to satisfy the requirements of Section 255.05(7), Florida Statutes, in all respects.

NOW, THEREFORE, in consideration of the premises set forth above and the promises contained in this Demand Note, the parties agree as follows:

Section I

BY THIS INSTRUMENT, we, Principal, and Guarantor, are bound to Owner, in the sum of up to $670,885.67 (“Contract Price”), which sum shall be subject to adjustment as provided herein, for payment of which we bind ourselves and our successors and assigns, jointly and severally. The recitals are true and correct and by this reference are incorporated herein.

THE CONDITION OF THIS NOTE is that if Principal:

Performs the Contract; and

Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida

Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract; and

Pays Owner upon demand all losses, damages, expenses, costs and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Principal under the Contract; and

Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Note is void; otherwise it remains in full force.

Any changes in or under the documents comprising the Contract and compliance or noncompliance with any formalities required under the Contract does not affect Guarantor’s obligation under this Demand Note.

DATED APRIL 	, 2022.

THE PROVISIONS AND LIMITATIONS OF SECTION 255.05, FLORIDA STATUTES, AND ALL NOTICES AND TIME LIMITATIONS PROVIDED THEREIN ARE INCORPORATED HEREIN BY REFERENCE.

Section II

For any actual amounts due under this Demand Note, Guarantor agrees to pay such amounts upon demand of Owner, plus an amount of interest on all such losses, damages, expenses, costs and attorney’s fees from the date such are incurred by Owner, at a rate of 1% per month, provided however that Guarantor’s maximum liability under this Demand Note shall be equal to the Contract price (subject to such adjustments as provided for herein).

In accordance with Section 255.05(7), Florida Statutes, the valuation of this Demand Note shall be set at the Contract price, which the parties agree may be increased in amount by authorized Change Order only with the prior written consent of all parties hereto. As the Contract is paid and satisfactory lien releases are obtained in accordance with the Contract, evidencing proper payments under the Contract, Guarantor shall submit such lien releases on a monthly basis to the District for reductions in the value of this Demand Note. Such reductions shall be in an amount equal to each proper payment made by the District under the Contract, as acknowledged by Principal and referenced in the lien releases. Within 30 days of receipt of such lien releases, the District shall evidence in writing to Principal and Guarantor the reduction of the amount due under this Demand Note.

Section III

The District, Guarantor, and Principal intend for this Demand Note to satisfy the requirements of Section 255.05(7), Florida Statutes, in all respects. In the event that it is determined by a court of competent jurisdiction that this Demand Note does not satisfy such requirements, the parties agree to take all actions necessary to amend this Demand Note to the extent required to satisfy such requirements. In the event that it is determined by any court of

2

competent jurisdiction that this Demand Note does not satisfy such requirements, and amendment of this Demand Note cannot satisfy such requirements, at the District’s election, either 1) Guarantor, shall provide an alternate form of security that meets the requirements of Section 255.05(7), Florida Statutes, or 2) the District shall cause Principal to obtain, and Principal agrees to obtain, a standard public construction bond pursuant to Section 255.05, Florida Statutes, the costs of which bond shall be paid by Principal, the cost of which may be recovered from the District through a change order to the Contract. The Guarantor agrees that in the event such funds are not available in the Series 2021 BANs Construction Account, Guarantor shall provide such funds to the District pursuant to the Agreement Regarding the Completion of Certain Improvements (Series 2021 Bond Anticipation Notes) dated August 19, 2021.

Section IV

In the event any party is required to enforce this Demand Note by court proceedings or otherwise, then the prevailing party, as determined by the applicable court or other dispute resolution provider, shall be entitled to recover from the non-prevailing party(ies) all fees and costs incurred, including reasonable attorney's fees and costs incurred prior to or during any litigation or other dispute resolution and including all fees and costs incurred in appellate proceedings.

Section V

This Demand Note and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. The parties hereby knowingly, irrevocably, voluntarily and intentionally waive any rights to a trial by jury in respect of any action, proceeding or counter claim based on this Demand Note or arising out of, under or in connection with this Demand Note or any document or instrument executed in connection with this Demand Note, or any course of conduct, course of dealing, statements (whether verbal or written) or action of any party hereto. This provision is a material inducement for the parties entering into the subject Demand Note. Nothing herein shall waive, supplant or otherwise abrogate any other commitment or obligation contained in any other Demand Note unless specifically noted herein.

Section VI

All notices, requests, consents and other communications hereunder ("Notifications") shall be in writing and shall be delivered, mailed by Certified Mail, return receipt requested, postage prepaid, or overnight delivery service providing proof of delivery, to the parties, as follows:

If to District:	Ave Maria Stewardship Community District
2501 A Burns Road
Palm Beach Gardens, Florida 33410 Attn: District Manager

With a copy to:	Kutak Rock LLP
107 West College Avenue Tallahassee, Florida 32301 Attn: Alyssa C. Willson

3

If to Guarantor:	Ave Maria Development, LLLP
2600 Golden Gate Parkway Naples, Florida 34105
Attn: 	

If to Principal:	Earth Tech Enterprises, Inc. 6180 Federal Court
Fort Myers, Florida 33905 Attn: 	

Except as otherwise provided herein, any Notification shall be deemed received only upon actual delivery at the address set forth herein unless such delivery is refused, in which case Notification shall be deemed receive don the date of first attempted delivery. Notifications delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving Notification contained in this Demand Note would otherwise expire on a non-business day, the Notification period shall be extended to the next succeeding business day. Saturdays, Sundays and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the parties may deliver Notifications on behalf of the parties. Any party or other person to whom Notifications are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notifications shall be sent by providing the same on five (5) days written notice to the parties and addressees set forth herein.

Section VII

The parties agree nothing contained in this Demand Note shall constitute or be construed as a waiver of the District’s limitations on liability set forth in Section 768.28, Florida Statutes, and other applicable law. This Demand Note is solely for the benefit of the parties herein and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this Demand Note expressed or implied is intended or shall be construed to confer upon any person or corporation other than the parties hereto any right, remedy or claim under or by reason of this Demand Note or any provisions or conditions hereof; and all of the provisions, representations, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto and their respective representatives, successors and assigns.

Section VIII

Each party shall take such actions to execute, file, record, publish and deliver such additional certificates, instruments, Demand Notes and other documents as the other party may, from time to time, reasonably require in order to accomplish the purposes of this Demand Note. If any provisions of this Demand Note shall be held invalid or unenforceable, such invalidity or unenforceability shall not, if possible, affect the validity or enforceability of any other provision of this Demand Note, and this Demand Note shall, if possible, be construed in all respects as if such invalid or unenforceable provision were omitted.

4

Section IX

No party may assign their rights, duties or obligations under this Demand Note or any monies to become due hereunder without the prior written consent of the other parties, which consent shall not be unreasonably withheld.

Section X

This Demand Note has been negotiated fully between the parties as an arm’s length transaction. The parties participated fully in the preparation of this Demand Note and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Demand Note, all parties are deemed to have drafted, chosen and selected the language, and the doubtful language will not be interpreted or construed against any party.

Section XI

This Demand Note shall become effective immediately.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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WITNESSES:

Signed, sealed and delivered	Ave Maria Stewardship Community
in the presence of:	District

By:		 Print Name:		Chairperson/Vice Chairperson

Print Name:	

STATE OF FLORIDA
COUNTY OF 	

The foregoing instrument was acknowledged before me by means of ▢ physical presence or

▢ online notarization, this 	

day of April, 2022, by 	

as the

Chairperson/Vice Chairperson of the Ave Maria Stewardship Community District, on behalf of
District. He is personally known to me or has produced 	 as identification.

Print Name:	 Notary Public, State of Florida
Commission No.:	 My Commission Expires:	

{Notary Seal}

6

Signed, sealed and delivered in the presence of:

Earth Tech Enterprises, Inc.,
a Florida corporation

By:	 Print Name:		Name:	
Title:	

Print Name:	

STATE OF FLORIDA
COUNTY OF 	

The foregoing was sworn to and subscribed before me by means of ▢ physical presence or
▢ online notarization, this 	 day of April, 2022, by 	, as
	 of Earth Tech Enterprises, Inc.. He/She is personally known to me or has produced 		 as identification.

(Signature of Notary Public)

(Typed name of Notary Public) Notary Public, State of Florida
Commission No.:	 My Commission Expires:	

7

Signed, sealed and delivered in the presence of:

Ave Maria Development, LLLP,
a Florida limited partnership

By:	 Print Name:		Name:	
Title:	

Print Name:	

STATE OF FLORIDA
COUNTY OF 	

The foregoing was sworn to and subscribed before me by means of ▢ physical presence or
▢ online notarization, this 	 day of April, 2022, by 	, as
	 of Ave Maria Development, LLLP. He/She is personally known to
me or has produced 	 as identification.

(Signature of Notary Public)

(Typed name of Notary Public) Notary Public, State of Florida
Commission No.:	 My Commission Expires:	

Exhibit A: Anthem Parkway Retrofit Project Contract

8

COST SHARE AGREEMENT BETWEEN AVE MARIA STEWARDSHIP COMMUNITY DISTRICT AND AVE MARIA DEVELOPMENT, LLLP, FOR THE CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS

THIS AGREEMENT (“Agreement”) is made and entered into as of this    
	, 2022, by and between:

Ave Maria Stewardship Community District, a local unit of special-purpose government established pursuant to Chapter 2004- , Laws of Florida, being situated in Collier County, Florida, and whose mailing address is 2501 A Burns Road, Palm Beach Gardens, Florida 33410 (the “District”); and

Ave Maria Development, LLLP, a Florida limited partnership and developer of lands within the boundaries of the District, whose address is 2600 Golden Gate Parkway, (“AMD” together with the District, the “Parties”).

RECITALS

day of

WHEREAS, the District was established for the purpose of planning, financing, constructing, installing, operating, and/or maintaining certain infrastructure, including certain roadway, water and sewer, drainage, stormwater management, and other improvements; and

WHEREAS, AMD is the developer of certain lands in Collier County, Florida, located within the boundaries of the District (“Utilities”); and

WHEREAS, the District has accepted the assignment of agreements (the “Construction Contracts”) with Peninsula Engineering and Jensen Underground Utilities, Inc. (the “Contractors”), in connection with the design and construction of various infrastructure improvements (the “Project”), which contracts will be administered by such person or entity appointed by the District (the “Construction Project Manager”) subject to review by the District’s engineer authorized to conduct such review (the “Engineer”). As used herein, the term “Work” shall refer to the entire completed construction or the various separately identifiable parts thereof required to be furnished under the Construction Contract, including performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction; and

WHEREAS, AMD is currently not a party to the Construction Contract; however, AMD’s affiliate, Ave Maria Utility Company, LLLP, owns and operate utilities on certain lands located within and adjacent to the confines of the Project site; and

WHEREAS, District shall pay for those improvements to be constructed pursuant to the Construction Contract that are included in the District’s Master Capital Improvement Program for Ave Maria Stewardship Community District, dated May 2, 2006 and Fifth Sub-Master Supplemental Engineer’s Report dated July 6, 2021 (together, the “Capital Improvement Plan”), and benefit lands within the District (the “District Items of Work”); and

WHEREAS, AMD has agreed to pay for the cost of the work identified on Exhibit A as such items of Work are not included in the District’s Capital Improvement Plan; and

WHEREAS, the Parties desire to memorialize and set forth clearly their understanding and agreement with respect to allocation of costs between the Parties for these improvements as well as certain other matters addressed herein.

NOW, THEREFORE, in consideration of the recitals, agreements, and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties agree as follows:

AGREEMENT

INCORPORATION OF RECITALS. The recitals stated above are true and correct and by this reference are incorporated into and form a material part of this Agreement.

ITEMS OF WORK. The Contractors’ proposal describes the scope of the work (“Total Work”), as included in the Construction Contract. Exhibit A identifies those items that are to be the responsibility of AMD to fund (“AMD Items of Work”). The District and AMD shall each own, operate and maintain their respective Items of Work.

COST ALLOCATIONS.

Cost Allocation. AMD shall pay all of the costs of the AMD Items of Work as identified on Exhibit A. Payment shall be made in accordance with Sections 3 and 4 herein.

Cost Allocation for Services. Payment shall be made in accordance with Section 4 below. Upon Final Completion of the Total Work, the Engineer shall review the portion of construction phase services attributable to the AMD Items of Work and notify AMD of any additional amounts to be paid. Any dispute of the Engineer's determination shall be resolved in accordance with Section 3.3, below. Payment shall be made in accordance with Sections 4 and 5 herein.

Dispute of Engineer's Determination. Should the District or AMD dispute the Engineer's determination of costs attributable to any Party either in accordance with Section 3.1, Section 3.2 or Section 5.4, notice of such dispute and the grounds therefor shall be given from one party to the other within five (5) days, excluding Saturdays, Sundays and federal holidays, of receipt of the Engineer's determination of costs. Thereafter, within seventy two (72) hours, excluding Saturdays, Sundays and federal holidays, after notice of such dispute is given, the Engineer shall request the Florida Board of Engineers select a qualified independent third party engineer to review the Work and the engineer's determination of costs. The independent third party engineer may, upon the written consent of the

District and AMD, secure its own estimates of costs. The Parties agree to and shall be bound by the determination of costs attributable to the Parties as determined by the independent third party engineer. In such event, the fees and costs of the independent third party engineer shall be equally divided between the Parties hereto. Nothing contained in this Section 3.3 shall give AMD the right to dispute the cost of the AMD Items of Work to the extent such costs are determined in accordance with the Construction Contract.

To ensure compliance with Section 218.735, Florida Statutes, the Parties shall follow the procedures described in Section 4, below, with respect to any costs related to a dispute to be resolved pursuant to this Section 3.3. However, should the independent third party engineer determine that all or a portion of the disputed costs were incorrectly allocated, the party determined by the independent third party engineer to have underpaid its share of the costs shall reimburse the other party the amount underpaid.

PAYMENT OF COSTS. Subject to the provisions of Section 5 for any and all invoices related solely to Final Payment, as defined herein, and completion of the Project, the Parties shall pay for the Work in accordance with the following schedule: Within fifteen (15) business days from the receipt of an application for payment certified by the Project Manager, the District Manager or his designee shall prepare a requisition and forward the requisition to the Engineer pfor execution and return to the District Manager. Within three (3) days of receipt of the fully executed requisition, the District Manager or his designee shall transmit the fully executed requisition to the District Trustee for payment. Concurrently with the transmission of the requisition to the District Trustee, the District shall send AMD a written invoice for the portion of the costs included on the application for payment. Within twenty (20) days of receipt of such invoice, AMD shall remit the requested funds to the District.

ACCEPTANCE OF WORK

Acceptance of Work. Before the District makes Final Payment as defined below, the District shall provide AMD with a certificate from the Engineer that, to the best of his knowledge, the AMD Items of Work have been performed in substantial compliance with the Construction Contract and appropriate final lien waivers and releases have been obtained from all contractors, sub-contractors, materialmen or suppliers and laborers in connections with the Project. Within fifteen (15) calendar days after receipt of said certificate, AMD shall inspect the Project and provide written notice to the District that the AMD Items of Work, to the best of AMD’s knowledge, are or are not in substantial compliance with the Construction Contract. Failure by AMD to provide such written notice within said timeframe shall cause the District Engineer to transmit a written demand to AMD that such notice be provided. Should AMD fail to respond to the District Engineer’s written request within five (5) calendar days of receipt of such request, AMD is deemed to have

determined that the AMD Items of Work are in substantial compliance with the Construction Contract.

Substantial Compliance. If AMD’s notice is that the AMD Items of Work are in substantial compliance (or if AMD fails to provide notice as provided in subsection 5.1), then AMD shall be deemed to have accepted the AMD Items of Work except as to defects not then readily discoverable. AMD shall then remit its payment to the District within five
(5) business days of the notice of substantial compliance. Immediately upon receipt of funds from AMD, the District shall pay the Contractors. Subsequent to AMD’s giving such notice of such substantial compliance and the making of Final Payment by the District, AMD agrees that it shall have no claim against the District with respect to any AMD Items of Work performed by the Contractors, the only obligation of the District being to enforce the terms of the Construction Contract.

Non-Compliance. In the event AMD’s notice is that AMD Items of Work are not in substantial compliance with the Construction Contract, then within ten (10) days of the District's receipt of such notice (provided such notice reasonably identifies the non-complying AMD Items of Work), the District shall proceed promptly to enforce the terms of the Construction Contract as it applies to completion and correction of the AMD Items of Work. In the event the District disputes AMD’s notice of non- compliance, notice of such dispute shall be provided to AMD by the District within five (5) business days of the District's receipt of such notice of non-compliance. In such event, within five (5) business days, the Engineer shall request the Florida Board of Engineers select a qualified independent third party engineer to review the AMD Items of Work subject to AMD’s notice of non-compliance. The Parties agree to and shall be bound by the determination of substantial compliance or non- compliance as determined by the independent third party engineer. The fees and costs of the independent third party engineer shall be equally divided between the requesting Party and the District.

Enforcement Costs. To the extent such costs are not reimbursed by the Contractors, AMD shall reimburse the District for any costs (as determined by the Engineer) incurred by the District arising out of the District's efforts to enforce the terms of the Construction Contract as it applies to the AMD Items of Work, provided that the defective AMD Items of Work that is the subject of enforcement is not caused in whole or in part or contributed to by the actions of the District or its Engineer. Any dispute as to costs to be reimbursed by AMD pursuant to this subsection
5.4 shall be resolved in accordance with Section 3.3, above.

5.5.  Final Payment. “Final Payment” shall be defined as the final payment made to the  Contractors by the  District after the Contractor has

satisfactorily completed all corrections identified in the Final Inspection, as provided in the Construction Contract.

CONSTRUCTION CONTRACT AND PLANS. The District shall be responsible for ensuring that the improvements to be constructed pursuant to the Construction Contract are constructed in substantial compliance with the plans and specifications set out in the Construction Contract and in a timely manner.

Defective Work. The District shall not accept defective Work pursuant to the provisions of the Construction Contract with respect to the AMD Items of Work without the written consent of AMD.

Entitlement to Credits. In the event the AMD gives written consent in accordance with Section 6.1, AMD shall be entitled to receive the benefit of any credits with respect to the AMD Items of Work as determined in accordance with the Construction Contract.

Record Drawings. Upon request, the District shall furnish AMD, free of charge, one copy of available drawings, plans, specifications, addenda, change orders and other modifications marked currently to record all changes and selections made during construction (the "Record Drawings"). The Record Drawings shall be delivered to AMD upon Final Completion of the Work.

INSURANCE AND WAIVER OF SUBROGATION.

Insurance. The District shall ensure that the policies of insurance required under the Construction Contract include the interest of AMD, or its designee, as additional or named insured. To the extent that there is any additional cost associated with listing AMD as an additional or named insured under the policies of insurance required to be purchased and maintained by the Contractors in accordance with the Construction Contract, AMD will pay those additional costs. AMD will make such payment within fifteen (15) days of receiving notice of such additional costs from the District. The District shall ensure that such insurance remains in full force and effect during construction of the Project and thereafter as provided in said policies. The intent is that AMD, or its designee, be provided the same protections in said policies as that accorded to the District. Adjustment and settlement of any loss with the insurers shall be conducted by the District, as trustee, and the District shall account to AMD for the proceeds of such insurance that is applicable to the AMD Items of Work.

7.2.  Waiver of Subrogation. The District and AMD waive all rights against each other and any of their agents and employees, each of the other, for all losses and damages caused by any of the perils covered by the policies of

insurance obtained pursuant to the Construction Contract, except such rights as they have to proceeds of such insurance held by either the District or the Contractors pursuant to the Construction Contract.

LICENSE. AMD hereby grants the District and the District's agents a temporary license to enter property owned by AMD, if any, to construct, inspect and administer the improvements required under the Construction Contract. The District's license to enter AMD’s property, as provided herein, shall expire upon Final Completion of the Work or upon the making of Final Payment to the Contractor, whichever last occurs.

OBLIGATIONS OF AMD. It is the intent of the Parties that AMD’s participation in the cost of the Project is not as Owner (as such term is defined in the Construction Contract) or as a party to the Construction Contract and that AMD shall incur no liability or obligation to third parties, including the Contractors, by entering into this Agreement. AMD hereby contractually obligate itself to provide any and all notices which may be required of the District pursuant to any applicable permits, obtained by AMD for the Project, from a governmental entity, whether local, state or federal. The District does hereby agree to provide written notice to AMD of such notices as the necessity for the notices arises. AMD agrees to defend and hold harmless the District and its officers and agents from and against all liability, claims, actions, suits or demands by any person, corporation or other entity arising out administration of the AMD Items of Work portion of the Construction Contract or as are otherwise related to the AMD Items of Work

ENGINEER'S DUTIES. The District shall be responsible to ensure that the Engineer performs the duties placed upon it by the terms of this Agreement.

RECOVERY OF COSTS AND FEES. In the event either party is required to enforce this Agreement by court proceedings or otherwise, then the predominantly prevailing party shall be entitled to recover from the other party all fees and costs incurred, including reasonable attorneys' fees and costs.

DEFAULTS. Failure by either party to perform each and every one of its obligations hereunder shall be a default, entitling either party to pursue whatever remedies are available to it under Florida law. Each of the Parties hereto shall give the other party written notice of any defaults hereunder and shall allow the defaulting party not less than five (5) days from the date of receipt of such notice to cure monetary defaults and fifteen (15) days to cure other defaults.

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes all previous discussions, understandings and agreements between the Parties relating to the cost sharing for construction of the Project. Terms used in this Agreement which are specifically defined in the Construction Contract shall have the meanings designated in the Construction Contract, unless otherwise indicated in this Agreement.

AMENDMENTS. Amendments to and waivers of the provisions contained in this Agreement, other than those necessary to reflect a modification to the Construction Contract

pursuant to a Change Order issued in accordance with the Construction Contract, may be made only by an instrument in writing executed by both of the Parties hereto. Any modification to the Construction Contract resulting from a Change Order shall serve to amend this Agreement accordingly. Any Change Orders that result in the modification of this Agreement shall be attached to Exhibit A for recordkeeping purposes.

AUTHORITY TO CONTRACT. The execution of this Agreement has been duly authorized by the appropriate body or official of all Parties hereto, each party has complied with all the requirements of law, and each party has full power and authority to comply with the terms and provisions of this Agreement.

NOTICES. All notices, requests, consents and other communications hereunder ("Notices") shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or telecopied to the Parties, as follows:

If to AMD:	Ave Maria Development LLLP 2600 Golden Gate Parkway Naples, Florida 34105
Attn: 	

If to District:	Ave Maria Stewardship Community District 2501 A Burns Road
Palm Beach Gardens, Florida 33410 Attn: District Manager

With a copy to:	Kutak Rock LLP
107 West College Avenue Tallahassee, Florida 32301 Attn: Alyssa C. Willson

Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non-business day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the District and counsel for AMD may deliver Notice on behalf of the District and AMD. Any party or other person to whom Notices are to be sent or copied may notify the other Parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days written notice to the Parties and addressees set forth herein.

THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the formal Parties hereto and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon or give the Contractors or

any person or corporation other than the Parties hereto any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof; and all of the provisions, representations, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the Parties hereto and their respective representatives, successors and assigns.

EFFECTIVE DATE. This Agreement shall be effective as of the date first set forth above.

APPLICABLE LAW AND VENUE. This Agreement shall be construed, interpreted and controlled by the laws of the State of Florida. Subject to the provisions of Section 3.3, above, venue for any dispute arising under this Agreement shall be in a court of appropriate jurisdiction in Collier County, Florida.

PUBLIC RECORDS. AMD understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be considered public records in accordance with Florida law.

SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable.

SOVEREIGN IMMUNITY. AMD agrees that nothing in this Agreement shall constitute or be construed as a waiver of the District's limitations on liability contained in Section 768.28, Florida Statutes, or other statutes or law.

HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall not control nor affect the meaning or construction of any of the provisions of this Agreement.

COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original; however, all such counterparts together shall constitute, but one and the same instrument.

[Remainder of Page Intentionally Left Blank]

IN WITNESS WHEREOF, the Parties execute this agreement the day and year first written above.

Attest:	Ave Maria Stewardship Community District

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

Print Name: 	
Print Name

Attest:	Ave Maria Development, LLLP
a Florida limited partnership

Witness

By: 	  Print Name: 	

Print Name	Title: 	

Exhibit A:	AMD Items of Work

EXHIBIT A: ITEMS OF WORK

AMD shall fund in full all amounts related to design and construction of Ave Maria Utility Company, LLLP infrastructure included within the scope of work of the Construction Contracts.

TEMPORARY CONSTRUCTION ACCESS AGREEMENT

THIS TEMPORARY CONSTRUCTION ACCESS AGREEMENT (“Agreement”)
is made this 	 day of 	, 2022 by AVE MARIA STEWARDSHIP
COMMUNITY DISTRICT, , a local unit of special-purpose government established pursuant to Chapter 2004-461, Laws of Florida, whose address is 2501A Burns Road, Palm Beach Gardens, Florida 33410 (“District”), and AVE MARIA DEVELOPMENT, LLLP, a Florida limited liability limited partnership whose address is 2600 Golden Gate Parkway, Naples, Florida 34105 (“Developer,” and together with District, the “Parties,” and each a “Party”).

WITNES SETH : 

WHEREAS, the District was established pursuant to Chapter 2004-461, Laws of Florida, as amended (“Act”), and is validly existing under the Constitution and laws of the State of Florida; and

WHEREAS, the Act authorizes the District to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain certain systems, facilities, and basic infrastructure and other infrastructure improvements within or without the boundaries of the District; and

WHEREAS, the District presently owns certain land located within the boundaries of the District (“Access Area”); and

WHEREAS, the Developer from time to time desires to perform further development activity within the Access Area which shall consist of (1) activities authorized by the District, (2) activities included within the scope of an Engineer’s Report adopted by the Board, or (3) as necessary to respond to an emergency or prevent further damage to District property (“Work”); and

WHEREAS, given that the District has no objections, the Developer desires to have the ability to effect the Work.

NOW, THEREFORE, in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration and the mutual covenants of the Parties, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

Recitals. The foregoing recitals are true and correct and by this reference are incorporated as a material part of this Agreement.

Construction Access. The District hereby grants to Developer access over, upon, under, through, and across the Access Area for ingress and egress for the Work (“Grant of Access”). Developer shall use all due care to protect the Access Area and adjoining property from damage resulting from Developer’s use of the Access Area. Developer agrees to repair and remediate any such damage to the satisfaction of the District or any other governmental entity. Developer shall remain responsible for completion of any required permits, certifications or other approvals necessary to convey the improvements to District or any applicable entity and shall provide copies of such documents to the District when received.

Damage. In the event that Developer, its respective employees, agents, assignees, contractors (or their subcontractors, employees or materialmen), or representatives cause damage to the Access Area or to adjacent property or improvements in the exercise of the access rights granted herein, Developer, at Developer’s sole cost and expense, agrees to promptly commence and diligently pursue the restoration of the same and the improvements so damaged to, as nearly as practical, the original condition.

Insurance and Indemnity. Developer and/or any contractors performing work for Developer on the Access Area, shall at all times maintain general public liability insurance to afford protection against any and all claims for personal injury, death or property damage arising directly or indirectly out of the exercise of the rights and privileges granted. Said insurance maintained by any contractors performing work for Developer on the Access Area shall be issued by solvent, reputable insurance companies authorized to do business in the State of Florida, naming Developer and District as insureds, as their interests may appear, in a combined- single limit of not less than $1,000,000.00 with respect to bodily injury or death and property damage. Said insurance shall also be primary, and not contributory, as to any insurance coverage maintained by District. Developer hereby agrees to indemnify and hold harmless District from and against any and all liability arising out of Developer’s activities within the Access Area. Developer agrees that nothing contained in this Agreement shall constitute or be construed as a waiver of District’s limitations on liability as set forth in Section 768.28, Florida Statutes, or other applicable law.

Liens. Developer shall not permit (and shall promptly satisfy or bond) any construction, mechanic’s lien or encumbrance against the Access Area in connection with the exercise of rights hereunder. Developer shall require contractor post a payment and performance bond in accordance with the requirements of s. 255.05, Florida Statutes.

Default. A default by the District or Developer under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of actual damages, injunctive relief, and specific performance.

Enforcement of Agreement. In the event that the District or Developer seeks to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorneys’ fees and costs for trial, alternative dispute resolution, or appellate proceedings.

Notices. Any notice, demand, consent, authorization, request, approval, or other communication that any party is required, or may desire, to give to or make upon the other party pursuant to this Agreement shall be effective and valid only if in writing and delivered personally to the other Parties or sent by express 24-hour guaranteed courier or delivery service or by certified mail of the United States Postal Service, postage prepaid and return receipt requested, addressed to the other party at the addresses first listed above (or to such other place as any party may by notice to the others specify). Notice shall be deemed given when received, except that if delivery is not accepted, notice shall be deemed given on the date of such non- acceptance. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving notice would otherwise expire on a non-business day, the notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the District and counsel(s) for Developer may deliver Notice on behalf of the District and Developer, respectively.

Third Parties. This Agreement is solely for the benefit of the District and Developer, and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person, corporation, or entity other than the District and Developer any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement. The District shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained in this Agreement shall limit or impair the District’s right to protect its rights from interference by a third party.

Assignment. Neither of the Parties hereto may assign, transfer, or license all or any portion of its rights under this Agreement without the prior written consent of the other Party. Any purported assignment, transfer, or license by one of the Parties absent the written consent of the other Party shall be void and unenforceable.

Controlling Law and Venue. This Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. The Parties agree and consent to venue in Collier County, Florida, for the resolution of any dispute, whether brought in or out of court, arising out of this Agreement.

Public Records. All documents of any kind provided in connection with this Agreement are public records and are treated as such in accordance with Florida law.

Severability. The invalidity or unenforceability of any one or more provisions or part of a provision of this Agreement shall not affect the validity or enforceability of the remaining provisions of this Agreement or any part of this Agreement not held to be invalid or unenforceable.

Binding Effect. This Agreement and all of the provisions, representations, covenants, and conditions contained herein shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns, transferees, and/or licensees.

Authorization. By execution below, the undersigned represent that they have been duly authorized by the appropriate body or official of their respective entity to execute this Agreement, that the respective Parties have complied with all the requirements of law, and they have full power and authority to comply with the terms and provisions of this instrument.

Amendments. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both the District and Developer.

Entire Agreement. This instrument shall constitute the final and complete expression of the agreement between the Parties relating to the subject matter of this Agreement.

Effective Date and Term. The effective date of this Agreement shall be the date first written above. This Agreement shall terminate upon provision of notification from Developer to District that there is no longer any contemplated Work to occur within the Access Area. Either Party may terminate this Agreement with cause, however, non-terminating Party shall have 10 days from receipt of notice of default to cure any such default prior to termination.

Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, but all taken together shall constitute one and the same agreement.

[SIGNATURES ON FOLLOWING PAGES]

IN WITNESS WHEREOF, District and Developer caused this Agreement to be executed, to be effective as of the day and year first written above.
WITNESSES:

Signed, sealed and delivered	AVE MARIA STEWARDSHIP
in the presence of:	COMMUNITY DISTRICT

By:		 Print Name:		Chairperson/Vice Chairperson

Print Name:	

STATE OF FLORIDA
COUNTY OF 	

The	foregoing	instrument	was	acknowledged	before	me	this			day	of
		, 2022, by means of physical presence or online notarization the Chairperson/Vice Chairperson of the Ave Maria Stewardship Community District, on behalf of District.	He/She   is   personally   known   to   me   or   has   produced
	 as identification.

Print Name:	 Notary Public, State of Florida
Commission No.:	 My Commission Expires:	

{Notary Seal}

Signed, sealed and delivered	AVE MARIA DEVELOPMENT, LLLP
in the presence of:

By:	 Print Name:		Name:	
Title:	

Print Name:	

STATE OF FLORIDA
COUNTY OF 	

The foregoing was sworn to and subscribed before me this 	 day of 	 , 2022, by means of  physical presence or  online notarization by 		,
as 	 of AVE MARIA DEVELOPMENT, LLLP. He/She is
personally	known	to	me	or	has	produced
	 as identification.

(Signature of Notary Public)

(Typed name of Notary Public) Notary Public, State of Florida
Commission No.:	 My Commission Expires:	

Kutak Rock LLP
107 W. College Avenue, Tallahassee, Florida 32301

MEMORANDUM

TO:	Board of Supervisors
Ave Maria Stewardship Community District

FROM:	Alyssa C. Willson

DATE:	April 5, 2022

RE:	Overview of Golf Cart Regulation and Presentation of Options

As discussed at the March 1, 2022 Board of Supervisors (“Board”) of the Ave Maria Stewardship Community District (“District”) meeting, I am providing a brief overview of the current golf cart regulations as well as a summary of options to increase participation in the registration process and enforcement of requirements.

Overview of the Process

On December 6, 2016, the Board adopted Resolution No. 2016‐23 adopting the Golf Cart Drivers Handbook, a copy of which is attached hereto as Exhibit A (the “Handbook”). As stated in the resolution, adoption of the Handbook is in accordance with Collier County Ordinance No. 2016‐14, which designated certain public roadways and sidewalks within the District as available for golf cart use. As reflected in the December 6, 2016 meeting minutes, the Handbook summarizes State of Florida statutory requirements, and there are certain statutory restrictions on District imposition of additional requirements regarding use of golf carts on public roadways.

Options for Enforcement or Encouragement of Additional Participation in Registration Process

1‐ District may formally request increased enforcement by the Collier County Sheriff’s Office of Chapter 316, State Uniform Traffic Control, Florida Statutes, on golf cart drivers.

2‐ District may request Ave Maria Master Association (“Master Association”) to enforce all requirements of the Handbook for operation of golf carts on property owned by Master Association.

Kutak Rock LLP
107 W. College Avenue, Tallahassee, Florida 32301

3‐ District may designate certain premier parking spaces within the District for use by registered golf carts only in an effort to encourage compliance with the registration process outlined in the Handbook. District must ensure any change to existing parking space designations is consistent with all applicable Collier County requirements.

Conclusion

The District has a variety of avenues to pursue additional enforcement of applicable laws and compliance with the Handbook for use of golf carts within the District. We look forward to discussing the various approaches with the Board in greater detail.

RESOLUTION NO. 2022-13

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARSHIP COMMUNITY DISTRICT DIRECTING THE CHAIRMAN, BOARD MEMBERS AND DISTRICT STAFF TO SEEK LEGISLATION AMENDING THE DISTRICT BOUNDARIES, AND AUTHORIZING SUCH OTHER ACTIONS AS ARE NECESSARY IN FURTHERANCE OF THE BOUNDARY AMENDMENT PROCESS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Ave Maria Stewardship Community District (“District”) is a local unit of special purpose government created and existing pursuant to Chapter 2004-461, Laws of Florida, as amended (the “Act”); and

WHEREAS, pursuant to the Act, the District is authorized to construct, acquire, and maintain infrastructure improvements and services; and

WHEREAS, the District presently consists of approximately 10,805.08 acres, more or less, within Collier County as more fully described in the Act; and

WHEREAS, the District desires to affect legislation to amend its boundaries to add certain development lands in accordance with the procedures and processes prescribed by Florida law, and such other actions as are necessary in furtherance of the boundary amendment process; and

WHEREAS, in order to seek a boundary amendment, the District desires to authorize the Chairman, Board Members and District staff, including but not limited to legal, engineering, and managerial staff, to provide such services as are necessary throughout the pendency of the boundary amendment process, and to ratify any actions by such persons taken to date in furtherance of the proposed boundary amendment.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT:

SECTION 1. The recitals as stated above are true and correct and by this reference are incorporated into and form a material part of this Resolution.

SECTION 2. The Board hereby directs the Chairman, Board Members and District staff to proceed in an expeditious manner with the preparation and filing of legislation and related materials to seek the amendment of the District’s boundaries and authorizes the prosecution of the procedural requirements detailed in Florida law for the amendment of the District’s boundaries. The Board hereby ratifies any actions by such persons taken to date in furtherance of the proposed boundary amendment.

1

SECTION 3. This Resolution shall become effective upon its passage.

PASSED AND ADOPTED this 5th day of April, 2022.

ATTEST:	AVE MARIA STEWARDSHIP COMMUNITY DISTRICT

Secretary/Assistant Secretary	Chairman/Vice Chairman

2

AVE MARIA STEWARDSHIP COMMUNITY DISTRICT
APRIL 2022-DRAFT

Project Name	Start
Date	End
Date	Est. Cost	%
Complete	Responsible
Party	Comments	
Landscaping S.
AMB- Phase II	07/2020	TBD	TBD	0%	AMD	Bid accepted.	
Pilot Program-
Landscaping	11/2020	TBD	TBD		AMD	Anthem Phase 4 Inverted
Median – in design	
Avila/Roma 4-way	10/2021	02/2022	$20,000	Design 100%	District Engineer/	January construction start	
stop “swap” &				Begin Bid	AMD	expected.	
“STOP” on Roads;							
Parking Spot							
Removal							
Anthem Parkway
Phase 4	12/2020	03/2022	$2.6M	0%	AMD	Project underway	
Trees Replacement around Milano,
Avilla and AMB	10/2022	TBD				See monthly landscape report.	
Signage throughout
community					AMD	Draft of rules presented at
February 2022 meeting.	
External Projects							
Fire Station
Construction	03/2020	TBD	N/A		Immokalee Fire
District	Fire dept in new station, but
grand opening at later date.	
Public School K-5	03/2020	08/2024			AMD/School Bd	Architect/Design Phase	
Security Cameras (License Plate
Readers)	02/2021	2/2022	$70,000	100%	Master Assoc.	Waiting on Verizon account setup.	

AVE MARIA STEWARDSHIP COMMUNITY DISTRICT

Security Cameras (At North and South
Park)	01/2020	2/2022	$140,000	100%	Master Assoc.	Waiting on Verizon account setup.	
Hospital	TBD	TBD	TBD			AMD has done everything on their end. It is in the hands of the potential Hospital
Providers	

QUALITY SITE ASSESSMENT REPORT	

Job Site:	Ave Maria			
Customer:  Ave Maria			
Contact:		Email:	
Operations Mgr:		Email:	
Super. / Crew Lead:		Email:	
Inspected By: Roger Echols		Email:	
Customer Attendee:		Email:	
Davey Attendee:		Email:	

QSA Reference	

Number:	
24329	
This QSA Date: 	3/4/2022		
Prior QSA Date:			
Next QSA Date:			

Carryover Items	Initiated Date	
1

2

3

4

5

6

7

8			

			

			

Maintenance Punch List Items	
1

2

3

4

5

6

7

8	Mowed north part of property	
	Trimmed south part of Ave Maria Blvd	
	Added plants at north park and on the Blvd	
	Treated for ants at north park	
	Raked baseball fields	
	We have Irrigation wire issues at South Park. Manually watering until wire issues are fixed.	

Improvement Suggestions	
1

2

3

4

5

6

7

8		

		

		

Notes to Customer

Page 41

Signature

V.05 6/20/2018

Plants needs to be added in median on Ave Maria Blvd Hampton Village area.

QUALITY SITE ASSESSMENT REPORT	

Job Site:	Ave Maria			
Customer:  Ave Maria			
Contact:		Email:	
Operations Mgr:		Email:	
Super. / Crew Lead:		Email:	
Inspected By: Roger Echols		Email:	
Customer Attendee:		Email:	
Davey Attendee:		Email:	

QSA Reference	

Number:	
24329	
This QSA Date: 	3/4/2022		
Prior QSA Date:			
Next QSA Date:			

Supporting Photos and Drawings

Location / Photo / Drawing 1 and notes	

	Photo / Drawing 2 and notes	

Removed palm tree stump

	Photo / Drawing 3 and notes			Photo / Drawing 4 and notes	

Add plants at north park

Page 42

Ave Maria Stewardship Community District
Budget vs. Actual
October 2021 through February 2022

	Oct '21 - Feb 22		21/22 Budget		$ Over Budget		% of Budget	
Expenditures								
01-1130 · Payroll Tax Expense	367 20		612 00		-244 80		60 0%	
01-1131 · Supervisor Fees	4,800 00		8,000 00		-3,200 00		60 0%	
01-1310 · Engineering	26,424 00		55,000 00		-28,576 00		48 04%	
01-1311 · Management Fees	29,256 65		70,216 00		-40,959 35		41 67%	
01-1312 · Secretarial Fees	1,875 00		4,500 00		-2,625 00		41 67%	
01-1313 · Website Management	1,041 65		2,500 00		-1,458 35		41 67%	
01-1315 · Legal Fees	31,738 55		70,000 00		-38,261 45		45 34%	
01-1320 · Audit Fees	0 00		13,000 00		-13,000 00		0 0%	
01-1330 · Arbitrage Rebate Fee	1,300 00		3,250 00		-1,950 00		40 0%	
01-1441 · Travel & Lodging	988 80		4,000 00		-3,011 20		24 72%	
01-1450 · Insurance	35,707 00		11,870 00		23,837 00		300 82%	
01-1480 · Legal Advertisements	3,391 50		5,000 00		-1,608 50		67 83%	
01-1512 · Miscellaneous	626 90		4,000 00		-3,373 10		15 67%	
01-1513 · Postage and Delivery	862 30		1,750 00		-887 70		49 27%	
01-1514 · Office Supplies	2,284 45		3,500 00		-1,215 55		65 27%	
01-1540 · Dues, License & Subscriptions	175 00		500 00		-325 00		35 0%	
01-1541 · Misc Filing, Notices, etc.	0 00		500 00		-500 00		0 0%	
01-1733 · Trustee Fees	3,450 00		27,000 00		-23,550 00		12 78%	
01-1734 · Continuing Disclosure Fee	0 00		9,000 00		-9,000 00		0 0%	
01-1735 · Assessment Roll	0 00		15,000 00		-15,000 00		0 0%	
01-1801 · Landscaping - Miscellaneous	3,125 00		30,000 00		-26,875 00		10 42%	
01-1808 · Irrigation Repair	50,405 96		95,000 00		-44,594 04		53 06%	
01-1813 · Storm Cleanup - Electric	0 00		25,000 00		-25,000 00		0 0%	
01-1814 · Storm Cleanup	0 00		25,000 00		-25,000 00		0 0%	
01-1815 · Miscellaneous Maintenance	11,820 18		10,000 00		1,820 18		118 2%	
01-1816 · Electric-Streetlights,Landscape	46,562 37		85,000 00		-38,437 63		54 78%	
01-1817 · Maintenance Street Sweeping	0 00		1,000 00		-1,000 00		0 0%	
01-1818 · Striping & Traffic Markings	1,985 00		15,000 00		-13,015 00		13 23%	
01-1819 · Street Light Maintenance	93,184 67		80,000 00		13,184 67		116 48%	
01-1820 · Maint Sidewalk/Curb Repairs	36,510 80		70,000 00		-33,489 20		52 16%	
01-1830 · Maintenance Contracts	278,291 65		630,000 00		-351,708 35		44 17%	
01-1831 · Tree Trimming	0 00		50,000 00		-50,000 00		0 0%	
01-1832 · Storm Cleanup - Landscaping	0 00		25,000 00		-25,000 00		0 0%	
01-1833 · Plant Replacement	97,189 38		90,000 00		7,189 38		107 99%	

Ave Maria Stewardship Community District
Budget vs. Actual
October 2021 through February 2022

	Oct '21 - Feb 22		21/22 Budget		$ Over Budget		% of Budget	
01-1834 · Mulch	83,927 00		140,000 00		-56,073 00		59 95%	
01-1838 · Water Management & Drain	1,500 00		4,000 00		-2,500 00		37 5%	
01-1839 · Entry Feature/Near Well Water	2,710 04		4,500 00		-1,789 96		60 22%	
01-1840 · Maintenance Misc. Utilities	1,457 79		0 00		1,457 79		100 0%	
01-1841 · Maintenance Irrigation Water	19,572 92		85,000 00		-65,427 08		23 03%	
01-1842 · Maint Fountain/Repair	17,454 33		25,000 00		-7,545 67		69 82%	
01-1843 · Maintenance Rodent Control	3,000 00		8,000 00		-5,000 00		37 5%	
01-1844 · Maint Equipment Repair	8,672 50		6,000 00		2,672 50		144 54%	
01-1845 · Maint Signage Repair	30,327 00		10,000 00		20,327 00		303 27%	
01-1846 · Maint Storm Drain Cleaning	0 00		10,000 00		-10,000 00		0 0%	
01-1847 · Mnt Drainage/Lke Mnt/Littorals	20,389 04		75,000 00		-54,610 96		27 19%	
01-1848 · Maintenance Aerators	0 00		2,000 00		-2,000 00		0 0%	
01-1850 · Maint-Preserve Maintenance	25,810 00		60,000 00		-34,190 00		43 02%	
01-1853 · Maintenance Small Tools	2,514 61		2,500 00		14 61		100 58%	
01-1855 · Maint Vehicle Lease/Fuel/Repair	0 00		20,000 00		-20,000 00		0 0%	
01-1856 · Maint Mosquito Control	120,348 23		400,000 00		-279,651 77		30 09%	
01-1858 · Maint Temp EMS/Fire Facility	42,470 66		40,000 00		2,470 66		106 18%	
01-1861 · Maint Office Utilities	2,924 30		0 00		2,924 30		100 0%	
01-1862 · Maintenance Technicians	45,395 00		110,000 00		-64,605 00		41 27%	
01-1863 · Maint Base Management Fee	8,541 10		20,000 00		-11,458 90		42 71%	
01-1864 · Maintenance Admin Payroll	21,751 21		55,000 00		-33,248 79		39 55%	
01-1890 · Maint-Reserve Fund	0 00		27,500 00		-27,500 00		0 0%	
01-1891 · Maint Contingency	4,675 00		15,000 00		-10,325 00		31 17%	
Total Expenditures	1,226,804.74		2,659,698 00		-1,432,893 26		46 13%