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Backup Documents 07/10/2018 Item #16A 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. '11w completed routing slip and original documents are to he forwarded to the County Attorney Office at the lime the item is placed on the agenda. All completed routing slips and original documents nwsl he received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line throe h routing lines//I through 112,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 Commissioners , / $\3`\� 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jodi Hughes Phone Number x-5744 Contact/ Department Agenda Date Item was 7/10/18 Agenda Item Number 16A2 Approved by the BCC Type of Document Bond, Maintenance Agreement Number of Original 2 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JAI• )F75 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name;Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. JH 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JH signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 7/10/18 and all changes made during the •• meeting have been incorporated in the attached document. The County Attorney's a •_ •r Office has reviewed the changes, if applicable. � .‘t.'14411 141.741.17.- . 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for t 4 iliaiit6W Chairman's signature. �. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16A CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this . day of i , 2018 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 a certain plat of a subdivision to be known as: "The Isles of Collier Preserve Phase 11" B. Chapters 4 and 10 of the Collier County Land Development Code requires 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: the required subdivision improvements — see attached OPC from Barraco and Associates, Inc. within 24 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 $739,407.13 which amount represents 10%of the total contract cost to complete construction plus 100%of the estimate 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 County, 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. 16A 2 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 Collier County 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. 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 lay of JUv.L , 2018. SON THE PRESENCE OF: (Name of Enti TO SABAL BAY, LLC / ' /_ J. By: —� Print JO). :.. Q 1 Agri •• t Printed Name/Title: William Bullock,Vice President Rica (President/VP,or CEO) Printed ame Mink y ilG Ii'- (Provide Proper Evidence of Authority) ATTEST '' Cr st ;ct-KinzO;Tk.otPlht Cliralit Court&Comptroller BOARD OF OUN CoMMISS 'L 'S OF OL R Co/ Y, FLORID, , o. -!, hairman�s iori .es BY �, ��1 � `� � J • _ BY: A Deputy l�lerk fl - .1 ' • i"J Chairman,Andy Solis Approxi as to'form and _ _ •• Assistant County Attorney Scott A. Stone 16 /k 2 PERFORMANCE BOND BOND NO. CMS0288392 KNOW ALL PERSONS BY THESE PRESENTS: that Minto Sabal Bay, LLC (Name of Owner) 440 W. Sample Road, Suite 200 (Address of Owner) Coconut Creek, FL 33703 (Address of Owner) (Hereinafter referred to as "Owner") and RLI Insurance Company (Name of Surety) 9025 N. Lindbergh Drive (Address of Surety) Peoria, IL 61615 (Address of Surety) 309-692-1000 (Telephone Number) (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Seven Hundred Thirty-Nine Thousand Four Hundred Seven and 13/100 Dollars ($739,407.13 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board of a certain subdivision plat named Isles of Collier Preserve Phase 11 and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the 16A a Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment", wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 24th day of July, 2018. WITNESSES: Minto ltSabal Bay,`',LLC k By: JW A LA `j A Print Name:Sr\Aux\ St.m . Y Lilliam Costello ./61,.NdG_ /ak�,,, V. P. of Finance Print Name: l vcJeff)i6 f'3')c)Nilin&a Printed Name/Title (Provide Proper Evidence of Authority) Fit () ACKNOWLEDGEMENT STATE OF r O g.tD COUNTY OF O\j„.)A THE FOREGOING PERFOR AN j B NWAS,ACKNOWLE GED BEFORE ME THIS DAY OF -6 l' , 20a, BY`; k ;6.,e_Cl el �OAS 1 .1 OF MINTO SABAL BAY LLC WHO IS PERSONALLY KNOWN TO ME, OR AS PRODUCED LICENSE AS IDENTIFICATION. Nota Public State of P ~-1 Notary 1 iia a,tkF���1 3 SSLNr FF.9-7.33 ji,I :- r.P IP. F y 13 202? t= (SEAL) - g� •' ! rc Cc o g , 'u.^ewr,er, dr "rinted Name LAO f0._ -r0.v e t :11:N_J___E.S.S-E-S, RLI Insurance Company , Jeannie Reinoso, Surety Witness 7,z; e ---%., -'T C Claudette Alexander Hunt,Attorney in Fact (lexafider Hasen, Surety Witness Printed Name/Title (Provide Proper Evidence of Authority) ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 24th DAY OF JULY, 2018, BY CLAUDETTE ALEXANDER HUNT AS ATTORNEY IN FACT OF RLI INSURANCE COMPANY WHO IS PERSONALLY KNOWNTO ME, OR HAS PRODUCED LICENSE AS IDENTIFICATION. Notary Public - State of Florida eik PUB, CAMILLE M.CRUZ 2 * zi_)% * Commission#GG 112026 (SEAL) N� qi T; � Expires August 5,2021 A-,,,,._.-C11 -< v.� i 1, 21 `- 9lFO � F fvoC" Landed Thru Budget Notary Services Printed Name, Camille M. Cruz 16A2 RLI Surety POWER OF ATTORNEY RLI 9025 N.Lindbergh Dr.I Peoria,IL 61615 Phone:(800)645-2402 I Fax:(309)689-2036 RLI Insurance Company www.rlicorp.com Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company,an Illinois corporation, does hereby make,constitute and appoint: Claudette Alexander Hunt,Camille Marie Cruz,Jacqueline Jordan Hampton,jointly or severally in the City of Miami , State of Florida its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars($25,000,000.00). The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company,and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 21st day of October , 2016 . ,, E'0o,, RLI Insurance Company \�.•,. ,.. fie SEAL . By' Barton W.Davis Vice President State of Illinois l ,,,,,,<<!N 0k s, ```, } SS County of Peoria JJJ CERTIFICATE On this 21st day of October 2016 before me,a Notary Public, I, the undersigned officer of RLI Insurance Company, a stock personally appeared Barton W. Davis , who being by me duly sworn, corporation of the State of Illinois, do hereby certify that the attached acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable; and officer of the RLI Insurance Company and acknowledged said instrument to furthermore, that the Resolution of the Company as set forth in the be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this l Y day of By: ' •amp' Jacque ' e M.Bockler" Notary Public RLI Insurance Company "OFFICIAL SEAL 3norae Ai. Pueuc JACQUELINE M.ROCKIER By. x� STATE OF .J«� COMMISSION EXPIRES 01/14/18 C►C Barton W.'Davis Vice President mm191 0955690020212 A0058514 16A2 Barraco wWw.barraco.net and Associates, Inc. Civil Engineers, Land Surveyors and Planners ENGINEER'S OPINION OF PROBABLE COST for the construction of Isles of Collier Preserve Phase ii Plat Bond May 21, 2018 11 t',N1 U IN 11 NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT I. EARTHWORK 110-2 Erosion Control 1 LS $6,500.00 $6,500.00 575-1 Sodding 6,978 SY $1.85 $12,909.30 SUB-TOTAL $19,409.30 II. ROADWAY 160-1 Type"B"Stabilization(12") 7,061 SY $2.00 $14,122.00 200-1 Limerock Base w/Prime Coat(6") 5,668 SY $7.00 $39,676.00 331-1 Asphalt Concrete Type S-III 1"(1st Lift) 5,428 SY $4.50 $24,426.00 331-2 Asphalt Concrete Type S-III 3/4"(Final Lift) 5,428 SY $3.75 $20,355.00 331-3 Brick Pavers 240 SY $50.00 $12,000.00 520-1 Valley Gutter(2'Wide) 3,998 LF $12.00 $47,976.00 52o-2 Type"F"Curb 236 LF $9.00 $2,124.00 52o-3 Type"A"Curb 306 LF $9.00 $2,754.00 52o-4 1' Ribbon Curb 40 LF $18.00 $720.00 522-1 4"Concrete Sidewalk 2,408 SY $20.00 $48,160.00 522-2 ADA Ramps w/Detectable Warning 2 EA $450.00 $900.00 700-1 Signing and Pavement Markings 1 LS $3,800.00 $3,800.00 SUB-TOTAL: $217,013.00 III. DRAINAGE 425-1 Valley Gutter Inlet 8 EA $3,500.00 $28,000.00 425-2 18"Endwall 3 EA $1,500.00 $4,500.00 Page 1 of 3 1 6 A 2 I1 r,AVI UN!! NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT 425-5 24"Endwall 1 EA $1,800.00 $1,800.00 430-1 18"RCP Storm Sewer 638 LF $39.00 $24,882.00 430-2 24"RCP Storm Sewer 181 LF $50.00 $9,050.00 SUB-TOTAL: $68,232.00 IV. WATERLINE AND ACCESSORIES B. 8"DR-18 PVC Watermain 1,127 LF $17.00 $19,159.00 C. 8"Gate Valve 4 EA $1,800.00 $7,200.00 D. Fire Hydrant Assembly 9 EA $4,500.00 $40,500.00 E. Single Water Services 6 EA $450.00 $2,700.00 F. Double Water Service 16 EA $900.00 $14,400.00 G. 10"DR-14 PVC Watermain 45 LF $28.00 $1,260.00 H. 10"DR-18 PVC Watermain 929 LF $25.00 $23,225.00 I. 10"Gate Valve 1 EA $2,000.00 $2,000.00 M. Permanent Bacterial Sample Point 1 EA $1,200.00 $1,200.00 O. Permanent Automatic Flushing Device 2 EA $6,500.0o $13,000.00 SUB-TOTAL: $124,644.00 V. SEWER SYSTEM A. 8"SDR 26 Sanitary Sewer 1,997 LF $70.00 $139,790.00 B. 4'Sanitary Manhole 7 FA $7,400.00 $51,800.00 C. 6"Sewer Service(Single) 12 EA $550.00 $6,600.00 D. 6"Sewer Service(Double) 13 EA $800.00 $10,400.00 SUB-TOTAL: $208,590.00 VI. LANDSCAPING A. 10'Height Buffer Tree 8 EA $500.00 $4,000.00 B. Buffer Hedge 1 LS $1,750.00 $1,750.00 C. Melaleuca Mulch 1 LS $250.00 $250.00 D. Irrigation 1 LS $4,000.00 $4,000.00 Page 2 of 3 16A2 I 1 r,MVI UN!! NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT SUB-TOTAL: $10,000.00 VII. SITE LIGHTING A. FPL Town&Country Street Lights 27 EA $900.00 $24,300.00 SUB-TOTAL: $24,300.00 TOTAL: $672,188.30 10%BOND TOTAL: $67,218.83 BOND TOTAL: $739,407.13 Estimated Date of Completion: 11/18 Barraco and Associates,Inc. 2271 McGregor Boulevard P.O.Drawer 2800 Fort Myers,FL 33902-280o Certificate of Authorization No.7995 Timothy B. ,, , .!,;, Gavin, P.E. 70575 .5. 70675 STAT0 r5 2018.05.23 17:02:48-04'00' This item has been electronically signed and sealed using a SHA-1 authentication code. Timothy B.Gavin,P.E. Printed copies of this document are not considered signed and Florida P.E.No.7o675 sealed and the SHA-i authentication code must be verified on any electronic copies. For the Firm Page 3 of 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 A 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE I3OARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to he forwarded to the County Attorney Office al the time the item is placers on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting, **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. 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 2. 3. County Attorney Office County Attorney Office /3/1 4. BCCOffice Board of County Aa�p`'� Commissioners \!- '�/ `A3`S. 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jodi Hughes Phone Number x-5744 Contact/ Department Agenda Date Item was 7/10/18 - Agenda Item Number 16A2\ Approved by the BCC Type of Document Plat,Joinder and Consent, Supplement Number of Original 4 Attached Declaration,Joinder and Consent 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) Does the document require the chairman's original signature? 444 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. JH 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JH signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 7/10/18 and all changes made during the meeting have been incorporated in the attached document. The County 0 e 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® 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16A2 2 JOINDER AND CONSENT The undersigned, as holder of that certain Contingent Mortgage and Security Agreement dated December 27, 2012 and recorded in Official Records Book 4870, Page 373, as amended by First Amendment recorded in Official Records Book 5169, Page 3809, in the Public Records of Collier County; and also as holder of that certain Financing Statement Form UCC-1 recorded December 28, 2012 in Official Records Book 4870, Page 402 in the Public Records of Collier County, all of which encumber the lands being platted as Isles of Collier Preserve Phase 11, hereby joins in, consents to, and subordinates the lien of its Mortgage 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 13" day of JuL)-t , 2018. CDC Land Investments, Inc., a Florida rp rati n By: 2.- PATRICK L. UTTER, Vice President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this Z? day of c,►U�y 2018, by PATRICK L. UTTER, as Vice President of CDC Land Investments, Inc., a Florida corporation, who is personally know to me. (STAMP) o�oRY p`e, Valerie L.Pike --� 6 Notary Public-State of Florida a ! „alb Commission 22100 (1—SL tj 6-0F o� Expires 08/17! 0 oFF� P 2 20 Notary Public, State of Florida Print Name: vA3E My Commission Expires: { c,uyr lZ 2.01x) 35376019:1 16A2 JOINDER AND CONSENT The undersigned, as holder of that certain Mortgage and Security Agreement from Minto Sabal Bay, LLC, dated June 25, 2015, and recorded in Official Records Book 5169, Page 3817, as modified or spread from time to time, of the Public Records of Collier County, Florida, which encumber the lands being platted as Isles of Collier Preserve Phase 11, hereby joins in, consents to, and subordinates the lien of its Mortgage 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 -' day ofi , 2018. WELLS FARGO BANK, NATIONAL ASSOCIATION , ; By: everly J. Matter, Vice President STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this day o , 2018, by Beverly J. Matter, as Vice President of WELLS FARGO BA: .' , N• TIONAL ASSOCIATION, a national banking association, on behalf of the association, who is personally known to me. (STAMP) ,ie vim% — Notary. ublic, State of Florida PATTY t..MEW Print Name: 3A 1 TY L. MFW MY COMMISSION#FF 980845 My Commission Expires: EXPIRES:May 17,2020 • r. Bonded Thru Budget Notary Services 35375993:1 16A2 Return to:(enclose self-addressed stamped envelope) Angela Tompkins, Paralegal Greenspoon Marder LLP 5150 North Tamiami Trail Suite 502,Newgate Tower Naples,FL 34103 This Instrument Prepared by: Mark F.Grant, Esq. Greenspoon Marder LLP 5150 North Tamiami Trail Suite 502,Newgate Tower Naples,FL 34103 (239)659-1103 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA SUPPLEMENTAL DECLARATION TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ISLES OF COLLIER PRESERVE This SUPPLEMENTAL DECLARATION TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ISLES OF COLLIER PRESERVE ("Supplemental Declaration") is made this 7'' day of J'.t_.J ' , 2018, by MINTO SABAL BAY, LLC, a Florida limited liability company ("Declarant") and is joined in by ISLES OF COLLIER PRESERVE PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation ("Master Association"), to acknowledge its responsibilities hereunder. WHEREAS, Declarant has executed and recorded Declaration of Covenants,Conditions and Restrictions for Isles of Collier Preserve was recorded September 30,2013,in Official Records Book 4970, Pages 845 through 1105, of the Public Records of Collier County, Florida, as the same has been amended and supplemented (collectively, the"Master Declaration"); and WHEREAS,the Master Declaration subjects the property described in Exhibit"B"thereto to the easements, restrictions, covenants and conditions of the Master Declaration; and WHEREAS, Sections 2 and 3 of Article II of the Master Declaration provides that Declarant shall have the right,in Declarant's sole and absolute discretion,but not the obligation,to bring within the scheme of the Master Declaration as Additional Property all or any portion of the Total Lands or any additional lands within the vicinity of the property ("Additional Property") by recording a Supplemental Declaration describing the property being subjected; and WHEREAS, Declarant desires to subject the property described on Exhibit "A" attached hereto and made a part hereof("Additional Property")to the provisions of the Master Declaration; and 1 35375741:1 161t 2 WHEREAS,Declarant now desires to add the Additional Property to Isles of Collier Preserve as herein specifically provided; and WHEREAS, the Master Association is joining in this Supplemental Declaration to acknowledge its maintenance responsibilities described herein. NOW, THEREFORE, Declarant hereby makes this Supplemental Declaration (which is intended to be and is a"Supplemental Declaration"as defined in the Master Declaration)and hereby declares that the Additional Property shall be deemed a portion of the"Property"under the Master Declaration and that the Additional Property shall be owned,held,used,transferred,sold,conveyed, demised and occupied subject to the covenants,restrictions,reservations,regulations,burdens and liens set forth in the Master Declaration as modified by this Supplemental Declaration, as follows: 1. The recitations herein set forth are true and correct and are incorporated herein by reference. 2. The definitions provided in the Master Declaration are incorporated herein by reference. 3. The Additional Property described on Exhibit"A"to this Supplemental Declaration is hereby designated a part of Isles of Collier Preserve and shall be sold,transferred,used, conveyed, occupied and mortgaged or otherwise encumbered pursuant to the provisions of this Supplemental Declaration and the Master Declaration. 4. Declarant hereby declares that all of the Additional Property designated on Exhibit "A" to this Supplemental Declaration is part of the "Property" and is therefore subject to the applicable land use covenants and the benefits and burdens established under the Master Declaration as fully as though it were originally designated as such in the Master Declaration. 5. Designation and Maintenance of Common Property. Tracts"R,""0-1,""0-2"and "0-3", and all Drainage Easements (D.E.), Lake Maintenance Easements (L.M.E.), Access Easements (A.E.) and Landscape Buffer Easements (L.B.E.) as shown on the Plat described in Exhibit"A" attached hereto and made a part hereof, are hereby declared to be Common Property. Maintenance of the Common Property shall be by the Master Association,as provided in Section 2 of Article VI of the Master Declaration. All costs of maintenance pursuant to this Paragraph shall be assessed against all Lots in Isles of Collier Preserve as a Common Expense pursuant to the provisions of Article V of the Master Declaration and shall be subject to the lien of the Master Association pursuant to Section 1 of Article V of the Master Declaration. 6. Conflict. In the event of any conflict between the provisions hereof and the provisions of the Articles and/or Bylaws and/or rules and regulations promulgated by the Master Association, the provisions of this Supplemental Declaration shall control. Except as otherwise specifically set forth in this Supplemental Declaration, in the event of any conflict between the provisions of this Supplemental Declaration and the provisions of the Master Declaration, the provisions of the Master Declaration shall control. 2 35375741:1 16A2 provisions of this Supplemental Declaration and the provisions of the Master Declaration, the provisions of the Master Declaration shall control. IN WITNESS WHEREOF,Declarant has executed this Supplemental Declaration on the day, month and year first above written. WITNESSES: MINTO SABAL BAY, LLC, a Florida limited liability company f ,-:;''S- -r-j By: �r'. Printed Name: IZe,Nr�y ,c-)& 4- ILLIAM BULLOCK, Vice Pres. -, t Pr ited Name: CAA r/c o c C? ,/I/1 e-//C STATE OF FLORI A -- COUNTY OF C// .k I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by WILLIAM BULLOCK, as Vice President of MINTO SABAL BAY, LLC, a Florida limited liability company, who is personally known to me. WI NES my hand and official seal in the County and State last aforesaid this ' day of 4.,I . , 2018. Ma Commission Exgirgs__ , / ` ;t(.y �� ,.( �'A.4. 44,..,....----- ';' CHARLENE A MELLO Notary public Notary Public-State of Florida / ) f 9t • Commission#GG 163093 ( ! /'f zJ2 t' // C/ '�fir;• My Comm.Expires Nov 26.2021 Qan9e9 through Na:�onai Notary assn. Typed, printed or stamped name of Notary Public 3 35222056:1 16A2 A 2 JOINED IN BY: ISLES OF COLLIER PRESERVE PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation i By: ,, ature IAN OGRE, President -J as.0 ►\ ').Q Printed Narye , Signature (CORPORATE SEAL) (Viers-) ue5 Printed Name STATE OF FLORIDA ) COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by IAN MOORE, as President of ISLES OF COLLIER PRESERVE PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, who is personally known to me. r WITNESS my hand and official seal in the County and State last aforesaid this ] day of �0 1 , 2018. G ,U1c (----)My Commission Expires: Vv�`s-tC,C Notary Public /5:: Bended Trru Notaq Pubic Underwriers °;V:[----7:--- °' r�:,YO.:'yiu�iiss!oNA'rF947733 / 0 ,)I O. ()C EXPIRES.Febuury 13,2020, Typed, printed or stamped name of Notary Public � 'A. r` FC i 4 35375741:1 16A2 2 EXHIBIT "A" Legal Description of Property ALL PROPERTY SHOWN ON THAT CERTAIN PLAT OF ISLES OF COLLIER PRESERVE PHASE 11, RECORDED IN PLAT BOOK , PAGES THROUGH OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT ANY PROPERTY DEDICATED TO THE PUBLIC. 5 35375741:1 16A2 MORTGAGEE'S JOINDER AND CONSENT The undersigned,as holder of that certain Contingent Mortgage and Security Agreement dated December 27, 2012,and recorded in Official Records Book 4870,Page 373,as amended by First Amendment recorded in Official Records Book 5169,Page 3809,in the Public Records of Collier County; and also as holder of that certain Financing Statement Form UCC-1 recorded December 28, 2012 in Official Records Book 4870, Page 402,all of the Public Records of Collier County,Florida,which encumber the Property as defined in the foregoing Supplemental Declaration to add Phase l I (the"Supplemental Declaration"). Mortgagee does hereby join in and consent to the recording of the Supplemental Declaration to which this joinder and consent is attached. Signed,sealed and delivered in MORTGAGEE: the presence of: CDC LAND INVESTMENTS, INC.,a Florida n � � corporation Print Name: \(Qk-.l3E Q\KT , By: tP/ ii 2 Print Name: 7(/00 V-kaKjf Patrick L.Utter,Vice President STATE OF FLORIDA ) )SS COUNTY OF COLLIER ) I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments,the foregoing instrument was acknowledged before me by PATRICK L. UTTER,as Vice President of CDC LAND INVESTMENTS,INC.,a Florida corporation,freely and voluntarily under authority duly vested in him by said corporation,who is personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this CD ay of c3J LY( 2018. 00—Q, - 01 Notary Public,State of Florida at Large My commission expires: r �, Auoos 'ZOZO Typed,Printed or Stamped Name of Notary Public o��Rv e� Valerie L. Pike 2 n Notary Public-State of Floriaa N,, . Q Commission#GG 22100 11F'�'o' Expires 08/17/2020 OFFS- 6 35375741:1 16A2 CONSENT TO SUPPLEMENTAL DECLARATION The undersigned WELLS FARGO BANK,N.A.(the"Mortgagee"),as holder of that certain Mortgage and Security Agreement from MINTO SABAL BAY,LLC,a Florida limited liability company(the"Mortgagor"),dated June 25, 2015 and filed of record July 1, 2015, in Official Records Book 5169, page 3817, in the Public Records of Collier County, Florida, as modified or spread from time to time (the "Mortgage"), relating to the real property described in said County and more particularly described in and encumbered by Declaration of Covenants,Conditions and Restrictions for ISLES OF COLLIER PRESERVE,recorded in Official Records Book 4970,page 845, of the Public Records of Collier County,Florida(the"Declaration")does hereby consent to the Supplemental Declaration to add Phase 11 (the"Phase 11 Supplemental Declaration"), and acknowledge that the terms thereof are and shall be binding upon the undersigned and its successors and assigns. NOW,THEREFORE,the undersigned consents to the recordation of the Phase 11 Supplemental Declaration. Mortgagee makes no warranty or any representation of any kind or nature concerning the Declaration,any of its terms or provisions, or the legal sufficiency thereof, and disavows any such warranty or representation as well as any participation in the development of the project known as Isles of Collier Preserve,and does not hereby assume and shall not hereby be responsible for any of the obligations or liabilities of the Declarant contained in the Declaration or other documents used in connection with the promotion of the project known as Isles of Collier Preserve. None of the representations contained in the Declaration or other documents shall be deemed to have been made by the Mortgagee, nor shall they be construed to create any obligations on Mortgagee to any person relying thereon. Nothing contained herein shall affect or impair the rights and remedies of Mortgagee as set forth in the Mortgage or in the Declaration. IN WITNESS WHEREOF, the undersigned has executed this Consent, this day of ski `-% , 2018. 4 Signed, sealed and delivered WELLS FARGO BANK,NATIONAL in the presence of: ASSOCIATION,as Administrative Agent YIAA6:4CCLI — BY: alb I i it, e: `4 k, 6).--f Name. B r y Ont er, Vice 'residenAddress: 'O1 ' ac Street, Suite 1450 CriA �' Ta .:, 'lorida 33602 Print Name: • STATE OF FLORIDA COUNTY OF HILLSBOROUGH L THE FOREGOING INSTRUMENT was acknowledged before me this day of / „ ,2018, by Beverly Matter,as Vice President of Wells Fargo Bank,National Association,a national banki . :ssoc'.t on,on behalf of the association,who is personally known to me. ,-------- II"'--- ra NotarilyirPurlic,State of Florida PATTY L. 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I b. g / tE, g— Aulsn) 'El / D- z`nd arD?` g St s iIS t $ � w a i I[WIS8SlI it g`« �� _$ 1' it IF' N ab - "W v=ih 3: NiWy. ,Q € zt Mil hs 5 i Fa w � g o NPNHT g4'1,i4.51 ..g_,_...._�tila i`c:A aCeri $ e_..n.n.^...R^pRx«R«.^.RR.g,4A nRFSnR3:^C 1 6 A Ex parte Items - Commissioner Andy Sobs 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 10, 2018 16.A.2. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Isles of Collier Preserve Phase 11, (Application Number PL20180001590) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE I 'Meetings (Correspondence e-mails ( 'Calls 16.A.3. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Greyhawk at Golf Club of the Everglades Phase 3, (Application Number PL20180001192) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings I !Correspondence e-mails Calls 16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Sutton Cay, (Application Number PL20180000116)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. I>< NO DISCLOSURE FOR THIS ITEM SEE FILE `Meetings (Correspondence I le-mails I 'Calls 16.A.5. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Esplanade at Hacienda Lakes Phase 4, (Application Number P120180000648)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE I 'Meetings (Correspondence (fie-mails (Calls r )/,„1,,A14-C1 6 A 2 Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 10, 2018 CONSENT AGENDA 16.A.1. be provided by Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Tract 4,Golden Gate Estates, Unit No. 20 Replat, Application Number PL20180000898. x] NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence e-mails I )Calls 16.A.2. be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the final plat of Isles of Collier Preserve Phase 11,(Application Number PL20180001590)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings (Correspondence ^e-mails I (Calls 16.A.3. be provided by Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the final plat of Greyhawk at Golf Club of the Everglades Phase 3, (Application Number PL20180001192)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. NO DISCLOSURE FOR THIS ITEM SEE FILE nMeetings nCorrespondence ne-mails nCalls 16A2 2 Ex parte Items - Commissioner Burt L. Saunders COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 10, 2018 CONSENT AGENDA 16.A.1. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Tract 4, Golden Gate Estates, Unit No. 20 Replat, Application Number P120180000898. X NO DISCLOSURE FOR THIS ITEM SEE FILE I 'Meetings nCorrespondence I le-mails I 'Calls 16.A.2. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the final plat of Isles of Collier Preserve Phase 11, (Application Number PL20180001590) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE I 'Meetings nCorrespondence [le-mails ❑Calls 16.A.3. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Greyhawk at Golf Club of the Everglades Phase 3, (Application Number PL20180001192)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE 'Meetings nCorrespondence Re-mails ❑Calls 16A2 Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA JULY 10, 2018 CONSENT AGENDA 16.A.1. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Tract 4, Golden Gate Estates, Unit No. 20 Replat, Application Number PL20180000898. IX NO DISCLOSURE FOR THIS ITEM SEE FILE _Meetings nCorrespondence [e-mails UCaIIs 16.A.2. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Isles of Collier Preserve Phase 11, (Application Number PL20180001590) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM n SEE FILE ❑Meetings ( ]Correspondence ne-mails ❑Calls 16.A.3. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Greyhawk at Golf Club of the Everglades Phase 3, (Application Number PL20180001192) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE [Meetings ['Correspondence ❑e-mails ❑Calls 16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Sutton Cay, (Application Number PL20180000116) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE [Meetings ['Correspondence ❑e-mails ❑Calls 16A 2 Ex parte Items - Commissioner Penny Taylor COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 10, 2018 CONSENT AGENDA 16.A. GROWTH MANAGEMENT DEPARTMENT 16.A.1. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Tract 4, Golden Gate Estates, Unit No. 20 Replat, Application Number PL20180000898. Xl NO DISCLOSURE FOR THIS ITEM SEE FILE (Meetings I [Correspondence I le-mails [Calls 16.A.2. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Isles of Collier Preserve Phase 11, (Application Number PL20180001590) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE I 1Meetings [ [Correspondence (e-mails [ ICalls 16.A.3. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Greyhawk at Golf Club of the Everglades Phase 3, (Application Number PL20180001192) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE [Meetings nCorrespondence ❑e-mails ❑Calls 16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Sutton Cay, (Application Number PL20180000116) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. IX NO DISCLOSURE FOR THIS ITEM SEE FILE [ [Meetings nCorrespondence I le-mails nCalls