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Backup Documents 09/09/2014 Item #16A14 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP L A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO o H 1 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County —r -\ Commissioners V\\ 5. Minutes and Records Clerk of Court's Office 10N6/4 L1.-31Pni 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 issing information. Name of Primary Staff John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was September 9,2014 Agenda Item Number 16-A14 Approved by the BCC Type of Document Plat - Isles of Collier Preserve Phase 4 Number of Original One Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on September 9,2014 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forts/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 16A14 JOINDER AND CONSENT The undersigned, as holder of that certain Mortgage and Security Agreement from Minto Sabal Bay, LLC, dated December 27, 2012 and recorded in Official Records Book 4870, Page 345 of the Public Records of Collier County, Florida (the "Records"); as affected by Restriction and Partial Release of Mortgage recorded in Official Records Book 4874, Page 1486 of the Records, Restriction and Partial Release of Mortgage recorded in Officials Record Book 4941, Page 226 of the Records, Restriction and Partial Release of Mortgage recorded in Official Records Book 4998, Page 1800 of the Records, and Restriction and Partial Release of Mortgage recorded in Official Records Book 5054, Page 1333 of the Records; that certain Contingent Mortgage and Security Agreement dated December 27, 2012 and recorded in Official Records Book 4870, Page 373 of the Records; and Financing Statement Form UCC-1 recorded December 28, 2012 in Official Records Book 4870, Page 402 of the Records, which encumber the lands being platted as Isles of Collier Preserve Phase 4, hereby joins in and consents to the dedication of the plat of said lands for record, and further joins in and consents to the dedication of and does hereby dedicate to public use or private reservation, whichever the case may be, any portion thereof for roads, streets and right of way, and/or easements for utilities and drainage and purposes incidental thereto as shown on said plat. IN WITNESS WHEREOF the said Mortgage holder has duly executed this instrument this /41-61' day of .Z•cpleynt„be►—, 2014. CDC Lan Investments, I► J. 2 , �, By: /� ., Print Name: --Pai-,r«,k, L. l a-+ --- Title: \('<<,v �res►1e wA- STATE OF FLORIDA COUNTY OF _C'lfltev- The fore going instrument was acknowledged before me this ITF"' day of Se...icri-c, ,e , 2014 by �}rte,1i L. l k - , as Nit ce.:-Preslle,,,..)--, of CDC Land Investments, Inc., a Florida corporation, who is ersonally know to me or has produced as identification. (STAMP) 0"►k. MORAHtiBROWN Print ame: 1�ber �`�`' iJ *: MY COMMISSION r EE 643929 R-• N+�w . EXPIRES:October 16,2016 Notary Public, State of Florida ('� M1 Bonded Thu Notary Public UnderWTNers - ,qt,,,, My Commission Expires: (p //64.101(c. NIN11-84 0002 3 7 5v I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 4 / Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates.and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office lag 4. BCC Office Board of County VA\Commissioners /�� ko 1� 5. Minutes and Records Clerk of Court's Office 10.((1 :3�PfiN PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. _ Name of Primary Staff John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was September 9,2014 Agenda Item Number 16-A14 Approved by the BCC Type of Document Construction&Maintenance Agreement Number of Original Two Attached and Performance Bond - Isles of Collier Documents Attached Preserve Phase 4 PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on September 9,2014 and all changes made during the meeting have been incorporated in the attached document. The County I 0,046-, Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the f � i ens BCC,all changes directed by the BCC have been made,and the document is ready for the ( _ Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised' • ! , •evised 11/30/12 16A14 MEMORANDUM Date: October 8, 2014 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Construction & Maintenance Agreement and Performance Bond — Isles of Collier Preserve, Phase 4 Attached for recording is the Isles of Collier Preserve, Phase 4 Plat and a copy of the Construction and Maintenance Agreement and Performance Bond referenced above, (Item #16A14) approved by the Board of County Commissioners on September 9, 2014. If you need anything further, please feel free to contact me at 252-8411. Thank you. Attachment 16A14 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 11th day of / /August , 20 14 between Minto Sabal Bay, 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: Isles of Collier Preserve Phase 4 B. Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: Roadway, drainage, water&sewer Improvements within 12 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of$394,466.33 -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. 16A14 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 11 th day of I August ,2014 . SIGNED IN THE PRESENCE OF: (Name of Entity) Minto Sabal Bay, LLC fitkiAA tin By: al L a Printed Name C/1 DWI `"1 I O a tl '.t 'L LV ll+ / 'Vow . rr G1 Printed NameRitle (President,VP,or CEO) (Provide Proper Evidence of Authority) \r Printed Name 1`nl\1?-1. Jr' ATTEST: DWIGHT E. BROCK,CLERK BOARD OF ',,OUNTY 'MMISSIONERS OF COLLI- COUN I FLORIDA, Dep Clerk i' •a • •Irma S - Apprgvedastoform TOM HENNING, CI-AIRMAN Scott A. Stone, Assistant County Attorney 2014 FLORIDA LIMITED LIABILITY COMPANYANNUAL REPORT FILED 16 A 14 DOCUMENT# L12000084713 Apr 16, 2014 Entity Name: MINTO SABAL BAY, LLC Secretary of State Current Principal Place of Business: CC7766834929 4400 W.SAMPLE ROAD,SUITE 200 ATTN:MICHAEL J.BELMONT,PRESIDENT COCONUT CREEK, FL 33073 Current Mailing Address: 4400 W. SAMPLE ROAD, SUITE 200 ATTN: MICHAEL J. BELMONT, PRESIDENT COCONUT CREEK, FL 33073 FEI Number: 45-5596411 Certificate of Status Desired: No Name and Address of Current Registered Agent: BELMOUNT,MICHAEL J 4400 W.SAMPLE ROAD,SUITE 200 COCONUT CREEK,FL 33073 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail : Title PRESIDENT Title VP Name BELMONT,MICHAEL J Name BULLOCK,WILLIAM Address 4400 W.SAMPLE ROAD,SUITE 200 Address 4400 W.SAMPLE ROAD,SUITE 200 City-State-Zip: COCONUT CREEK FL 33073 City-State-Zip: COCONUT CREEK FL 33073 Title VP Name CARTER,JOHN Address 4400 W.SAMPLE ROAD,SUITE 200 City-State-Zip: COCONUT CREEK FL 33073 hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that lam a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:BELMONT, MICHAEL J. PRESIDENT 04/16/2014 Electronic Signature of Signing Authorized Person(s)Detail Date