Backup Documents 09/24/2013 Item #16A 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T��
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG
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 #I 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 C nnnty Attnrney nffi
Route to Addressees (List in routing order)
Office
Initials
Date
1.
aivromiate.
(Initial)
Applicable)
2.
•9 3- q- -0/�t_ 3
Agenda Item Number
16 -A3
3. County Attorney Office
County Attorney Office
RIV-
4. BCC Office
Board of County
Commissioners
G
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One complete plat
5. Minutes and Records
Clerk of Court's Office
Documents Attached
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 missina information.
Name of Primary Staff
John Houldsworth
Phone Number
x -5757
Contact / Department
aivromiate.
(Initial)
Applicable)
Agenda Date Item was
•9 3- q- -0/�t_ 3
Agenda Item Number
16 -A3
Approved b the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
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Type of Document
Plat - Isles of Collier Preserve Phase One
Number of Original
One complete plat
Attached ;r`'
4
Documents Attached
PO number or account
number if document is
p
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to be recorded
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INSTRUCTIONS & CHECKLIST
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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
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
aivromiate.
(Initial)
Applicable)
1.
Does the document require the chairman's original signature?
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2.
Does the document need to be sent to another agency for additional signatures? If yes,
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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
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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
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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
1
should be provided to the County Attorney Office at the time the item is input into SIRE.
N
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 242013 and all changes
^
made during the meeting have been incorporated in the attached document. The
�(p�►�
County Attorne '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 eady for the
Chairman's signature.
m • jj ei-k oL � v
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
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JOINDER AND CONSENT
The undersigned, as holder of that certain Mortgage and Security Agreement from Tinto Sabal
Bay, LLC, dated December 27, 2012 and recorded in Official Record Book 4870, Page 345; as
affected by Restriction and Partial Release of Mortgage recorded in Official Record Book 4874,
Page 1486 and Restriction and Partial Release of ;Mortgage recorded in Official Record Book
4941, page 226; Contingent Mortgage and Security Agreement dated December 27, 2012 and
recorded in Official Record Book 4870, Page 373; and Financial Statement Form UCC -1
recorded December 28, 2012 and recorded in Official Record Book 4870, Page 402 of the Public
Records of Collier County, Florida, which encumber the lands being platted as Isles of Collier
Preserve Phase 1, 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
0-• day of 2 4-crn 6ev- , 2013.
CDC LAND INVESTMENTS, INC.,
a Florida corporation
By:
Ea4�'
Print Name: Mat,-- ►R—k- - L.. • 1,�-� F GY
Title: N1;*e- -Free Ile-
STATE OF FLORIDA
COUNTY OF
The fore Joing instrument was acknowledged before me this 0i day of
2013 by a;' k L . um, , as V tice, �res��...�` , of CDC Land Investments,
Inc., a Florida corporation, who is pp�rsonally know to me or has produced
as identification.
(STAMP) DtBOiilW A BFM
W COWS" 1 EE WO
EXPIRES: OcIDW 10, 2018
evia.e 11w NaIny PtAk LhWm oflu
Print ame: lgsvR►4U vow N
Notary Public, State of Florida
My Commission Expires: Lt+. I t. ,-101L
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Prepared by:
Natalie J. Goldstein, CLS
Founders Title
5100 W Copans Road, S 600
Margate, Florida 33063
Founders Tax Id 65- 0687754
OWNERSHIP AND ENCUMRANCE REPORT
THE UNDERSIGNED does hereby certify that a search has been made of the Public Records of Collier
County, State of Florida, Florida commencing from First American Title Insurance Company Number
5011612 -1062- 2736476 with an effective date of May 4, 2012 and continuing up to and including August
29, 2013 at 6:00 A.M., as to the following described property, to wit:
SEE EXHIBIT `°A" ATTACHED HERETO AND MADE A PART HEREOF
OWNER: MINTO SABAL BAY, LLC, a Florida limited liability company, by virtue of
Special Warranty Deed from CDC LAND INVESTMENTS, INC., a Florida corporation, f /k/a
Collier Development Corporation, filed of record December 28, 2012, in Official Records Book
4870, page 318, of the Public Records of Collier County, which a documentary stamps of
$476,000.00
Probated Estates: NONE
Homestead Status: NONE
MARTA DEED INFORMATION:
1. Articles of Amendment changing name from COLLIER DEVELOPMENT
CORPORATION to CDC LAND INVESTMENTS, INC., a Florida corporation, filed of
record April 29, 2005, in Official Records Book 3787, page 946, of the Public Records of
Collier County, Florida.
2. Deed, filed of record December 31, 1953, in Official Records Book 31, page 118, from
Barron Collier, Jr. and Niles Collier, joined by Barbara M. Collier, wife of Barron Collier
Jr., and Isabel U. Collier, wife of Niles Collier, as Grantors to COLLIER
DEVELOPMENT CORPORATION, a Florida corporation,
ENCUMBRANCES:
I. Mortgage and Security Agreement from: MINTO SABAL BAY, LLC, a Florida limited
liability company,
TO: CDC LAND INVESTMENTS, INC., a Florida corporation
Dated: December 27, 2012 Filed: December 28, 2012
Recorded in Book No. 4870, page 345
As affected by Restriction and Partial Release of Mortgage in Book 4874, page 1486; and
Restriction and Partial Release of Mortgage in Book 4941, page 226 and Subordination,
Consent and Joinder in Book 4948, page 1689
2. Contingent Mortgage and Security Agreement from: MINTO SABAL BAY, LLC, a Florida
limited liability company,
TO: CDC LAND INVESTMENTS, INC., a Florida corporation
Dated: December 27, 2012 Filed: December 28, 2012
Recorded in Book No. 4870, page 373
3. Financing Statement Form UCC -1 from MINTO SABAL BAY, LLC
TO: CDC LAND INVESTMENTS, INC., a Florida corporation
Filed: December 28, 2012
Recorded in Book No. 4870, page 402
EASEMENTS AND OTHER MATTERS AFFECTING TITLE:
1. Oil, Gas and Mineral Lease recorded in Book 590, Page 826; together with Assignments
recorded in Book 590, pages 1076 and 1089; Book 596, Page 1576; Book 600, Page 258; Book
Cert-Sabal Bay
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604, Page 955; Book 646, Page 1249; and Book 659, page 41, all of the Public Records of
Collier County, Florida.
2. 011, gas and mineral reservation in favor of Collier Development Corporation contained in
Corrective Special Warranty Deed recorded in Book 3078, page 2643; as affected by Waiver of
Surface Exploration Rights, recorded December 28, 2012 in Book 4870, Page 412, all of the
Public Records of Collier County, Florida.
3. Declaration of Restrictive Covenant recorded in Book 4768, Page 480, of the Public Records of
Collier County, Florida.
4. Right of Way Agreement between Collier Development Corporation and Florida Power &
Light Company recorded in Book 194, page 601, of the Public Records of Collier County,
Florida.
5. Drainage Easement as contained in that certain Quit Claim Deed recorded in Book 532, page
129, of the Public Records of Collier County, Florida.
6. Drainage Facility Easement in favor of The State of Florida as set forth in Order of Taking
recorded in Book 2605, page 2479, of the Public Records of Collier County, Florida.
7. Drainage Easement and Maintenance Agreement recorded in Book 3058, page 2302, of the
Public Records of Collier County, Florida.
8. Temporary Drainage and Maintenance Agreement recorded in Book 3058, page 2313, of the
Public Records of Collier County, Florida.
9. Conservation Easement in favor of Collier County recorded in Book 4296, page 1764, of the
Public Records of Collier County, Florida.
10. Dedication and Conveyance of Drainage Easement and Release of Original Easement recorded
in Book 4385, page 3675, as affected by Resolution No. 2013 -157, in Book 4945, page 729, both
of the Public Records of Collier County, Florida.
11. Deed of Conservation Easement in favor of South Florida Water Management District,
recorded in Book 4400, page 3127, of the Public Records of Collier County, Florida.
12. Amended Preliminary Development Agreement with The State of Florida recorded in Book
3041, Page 2030, of the Public Records of Collier County, Florida.
13. Notice of Adoption of Preliminary Development Agreement recorded in Book 3309, Page 1115,
of the Public Records of Collier County, Florida.
14. Contribution Agreement for Road Impact Fee Credits recorded in Book 3138, Page 2357;
together with Affidavit in Book 3356, Page 1677; and as amended in Book 4356, page 714; and
Book 4580, Page 1977, and Assignment and Assumption Agreement recorded in Book 4872,
page 1771, all of the Public Records of Collier County, Florida.
15. Companion Agreement Regarding the Lely Area Surface Water Drainage Improvements
recorded in Book 3424, Page 337; as amended in Book 4218, page 1451; Book 4356, page 714;
Book 4506, page 3172, all of the Public Records of Collier County, Florida.
16. Terms and conditions contained in the Collier County Board of Commissioners Resolution No.
05 -396, Abandonment of the CDC DRI and DRI Development Order, recorded in Book 4228,
page 2338, of the Public Records of Collier County, Florida.
17. Sabal Bay - MPUD Tri -Party Developer Contribution Agreement recorded in Book 4251, page
2231, of the Public Records of Collier County, Florida.
18. Access and Utility Easement Agreement recorded in Book 4257, page 4013, of the Public
Records of Collier County, Florida.
19. Environmental Resource Permit Notice from South Florida Water Management District
recorded in Book 4332, Page 450, of the Public Records of Collier County, Florida. NOTE:
This is not a lien or encumbrance, or cloud on the title. This is for informational purposes only.
20. Irrigation Agreement recorded in Book 4832, page 3762, of the Public Records of Collier
County, Florida.
21. Agreement for Irrigation Easement, recorded in Book 4832, page 3770, of the Public Records
of Collier County, Florida.
22. Dedication and Conveyance of Easement for Access and Maintenance, recorded in Book 4945,
page 735, of the Public Records of Collier County, Florida.
23. Grant of Easement, recorded in Book 4954, page 1779, of the Public Records of Collier
County, Florida.
24. Deed of Conservation Easement with Third Party Beneficiary Rights, recorded in Book 4867,
page 3336, of the Public Records of Collier County, Florida.
25. Utility and Access Easement recorded in Book 4948, page 1693, of the Public Records of
Collier County, Florida.
Cert -Sabai Bay
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26. Restriction and Partial Release of Mortgage recorded in Book 4941, page 226, of the Public
Records of Collier County, Florida.
27. Restriction and Partial Release of Mortgage recorded in Book 4874, page 1486, of the Public
Records of Collier County, Florida.
28. Memorandum of Agreement recorded in Book 4870, page 333, of the Public Records of Collier
County, Florida.
TAXES:
Parcel ID 00431520502, Assessed value $506,500.00 Taxes were paid November 30, 2012, in the
amount of $5,876.25 for the year 2012 Paid by CDC LAND INVESTMENTS INC. — previous
owner (NOTE: This parcel ID includes a larger portion that is being donated.
NAME SEARCHES: NO JUDGMENTS OR OTHER LIENS OR COURT CASES
FOUND
CDC LAND INVESTMENTS, INC., a Florida corporation f /k/a Collier Development Corporation
MINTO SABAL BAY, LLC, a Florida limited liability company
The undersigned hereby certifies that the foregoing OWNERSHIP AND ENCUMBRANCE
REPORT reflects a comprehensive search of the Public Records of Collier County, Florida,
showing the apparent ownership of the lands described above, together with outstanding
encumbrances affecting said lands.
Dated this 291h day of August, 2013 @ 8:00 A.M.
FOUNDERS TITLE
Natalie J. Goldstein, CLS
Title Examiner
Cert -Sabal Bay
IMIBIT "Alf
DESCRIPTION
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A tract or parcel of land lying in Section 24, Township 50 South, Range 25 East and in Section 19, Township 50 South, Range 26 East,
Collier County, Florida, said tract or parcel of land being more particulariy described as follows:
Beginning at the Southeast corner of the Southeast Quarter (SE 114) of said Section 24 run S89 `42'03 "W along the south line of said
fraction for 2,664.30 feet to the Southeast corner of the Southwest Quarter (SW 114) of said Section 24, thence run S89 °42'21 "W
along the south line said fraction for Z664.12 feet to the Southwest corner of said fraction, thence run N00 "44'12"W along the West
line of said fraction for 2, 698.83 feet to the Southwest corner of the Northwest Quarter (NW 114) of said Section 24; thence run
N00039'06 "W along the West line of said fraction for 753.56 feet to the Southwest comer of lands described in deed recorded in
Official Records Book 1027, at Page 678, Collier County Records; thence run N89 03527 "E along the South line of said lands for
1,290.01 feet to the Southeast comer of said lands, thence run N00 039'06 "W along the East line of said lands for 1,01232 feet to the
Southwest corner of lands described in deed recorded in Official Records Book 4263, at Page 2080, Collier County Records, thence
run along-the Southerly and Easterly line of said lands the following six (6) courses:'N890311 5 "E for 1,075.51 feet, S78`2642 "E for
512.62 feet to a point on a non - tangent curve; Northerly along an arc of a curve to the left of radius 324.97 feet (delta 22`4544 ")
(chord bearing N19 °24'23 "E) (chord 128.26 feet) for 129.10 feet to a point on a non - tangent curve; Northery along an arc of a curve to
the right of radius 582.39 feet (delta 20005'30 ") (chord bearing N12`58'06 "E) (chord 203.18 feet) for 204.22 feet, • N51 `08'02 "W along a
non - tangent line for 222.09 feet and N38051'58 "E for 212.02 feet to an intersection with the Southerly line of Tract Vas shown on the
Record Plat of "Sabel Bay Commercial Plat - Phase Two" recorded in Plat Book 41, at Page 10, Collier County Records, thence run
along said Southerly line the following six (6) courses: S51 `08'02 4E for 1,081.39 feet; S38 `51'58"W for 11.09 feet to a point on a
non- tangent curve; Southeasterly along an arc of a curve to the right of radius 140.00 feet (delta 02 °4357 ") (chord bearing
S51 `43'39 "E) (chord 6.68 feet) for 6.68 feet to a point of reverse curvature, Southeasterly along an arc of a curve to the left of radius
800.00 feet (delta 01 `15'03 ") (chord bearing S50`59'12 "E) (chord 17.47 feet) for 17.47 feet; N38 03449 0E along a non - tangent line for
11.42 feet to a point on a non - tangent curve and Easterly along an arc of a curve to the left of radius 820.00 feet (delta 6604644 ")
(chord bearing S86012'23 "E) (chord 902.54 feet) for 955.72 feet to a point on a non - tangent curve and an intersection with the
Southwesterly line of Tract all" as shown on the Record Plat of " Sabal Bay Commercial Plat - Phase One" recorded in Plat Book 38, at
Page 81, Collier County Record3; thence run along said Southwesterly line the following five (5) courses: Southeasterly along an arc
of a curve to the right of radius 38.50 feet (delta 37017'06 ") (chord bearing S50`25'50 "E) (chord 24.61 feet) for 25.05 feet to a point of
tangency; S31 °47'17 "E for 59.53 feet to a point of curvature, Easterly along an arc of a curve to the left of radius 13550 feet (delta
91 °38'52 ") (chord bearing S77`36'43 "E) (chord 194.36 feet) for 216.74 feet to a point of reverse curvature; Easterly along an a rc of a
curve to the right of radius 138.50 feet (delta 49`15'00') (chord bearing N81 `1121 "E) (chord 115.42 feet) for 119.05 feet to a point of .
tangency and S74 `11'12 "E for 586.65 feet, thence run S5005533 "W for 7.74 feet; thence run S89048'16 "W for 51.36 feet,
thence run S39 00244 "E along the Southwesterly line of a Drainage Easement and Maintenance Agreement recorded in Official
Records Book 3058, at Page 2302, Collier County Records and continuing along the extension thereof for 939.11 feet to an
intersection with the Northwesterly line of a Drainage Easement recorded in Official Records Book 4385, at Page 3675, Collier County
Records, thence run along said Northwesterly line the following three (3) courses: N26007'39 "E for 136.99 feet to a point of curvature;
Northeasterly along an arc of a curve to the right of radius 465.97 feet (delta 1405751" (chord bearing N33°361 a (chord 121.35
feet) for 121.70 feet to a point of tangency and N41 005'30 "E for 425.51 feet to an intersection with the Southwesterly right of way line
of Tamiaml Trail (U.S. 41) (State Road No. 90) (F.D.0. T. right of way Section No. 03010 -2116) (200 feet wide), thence run
S39 *03'58"E along said right of way line for 1,474.85 feet to an intersection with the West fine of a Florida Power and Ught Company
Easement recorded in Official Records Book 194, at Page 601, Collier County Records, thence run S01 `11'36"W along said West line,
also being the West line of the East 460 feet of the Southwest Quarter (SW1 /4) of said Section 19 for 2,581.10 feet to an intersection
with the South line of said fraction, thence run S88 023'16 "W along said South line for Z030.98 feet to the POINT OF BEGINNING.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded t *heZo tTdJney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Co u ty r OpJ� no later
than Monday preceding the Board meeting.
Complete routing lines #I 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 Attomev Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1.
appropriate.
(Initial)
Applicable)
2.
9/25�2ft3- Cf - .24— f 3
Agenda Item Number
16 -A3
3. County Attorney Office
County Attorney Office
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4. BCC Office
Board of County
Commissioners
Two — Agreement and
Attached
5. Minutes and Records
Clerk of Court's Office
Performance Bond
PRIMARY CONTACT INFORMATION - r
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
appropriate.
(Initial)
Applicable)
Agenda Date Item was
9/25�2ft3- Cf - .24— f 3
Agenda Item Number
16 -A3
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
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Type of Document
Construction & Maintenance Agreement
Number of Original
Two — Agreement and
Attached
and Performance Bond — Isles of Collier
Documents Attached
Performance Bond
Preserve Phase One
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PO number or account
by the Office of the County Attorney.
number if document is
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/A
to be recorded
Office and all other parties except the BCC Chairman and the ('-"Ierk to the Board
INSTRUCTIONS & CHECKLIST
I: Fonns/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
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?
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2.
Does the document need to be sent to another agency for additional signatures? If yes,
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rovide 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
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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 ('-"Ierk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
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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 zour deadlines!
8.
The document was approved by the BCC on September 2W 2013 and all changes
made during the meeting have been incorporated in the attached document. The
p�
County Attorne 's Office has reviewed the changes, if applicable.
l�
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
/�R
Chairman's signature. AS b
I: Fonns/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
16A3
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into
this 23`d day of September . 2013 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: "Isles of Collier Preserve Phase 1"
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 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 $3,693,819.73 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.
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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 23rd day of September 120 13
SIGNED IN TF1E PRESENfE OF:
Prifrtetf'n�NeJ� ��JG✓..fittndAP (,f�
Printed name G7✓7JAwfPrinted name
ATTEST:
DWIGHT E. BROCK, CLERK
By: �T
Deputy Clerk
A roved a
Assistant Count�bAttorney ,
(Name of Erb Ay_t760 SABAL BAY, LLC
By:
Printed Name /Title: William Bullock, Vice President
(President/VP, or CEO)
(Provide Proper Evidence of Authority)
BOAR�01 OU t MIS ONERS
OF C LIE CO LORI A
By:
Chair an, Georgia A. Hiller, Esq.
16 A3
Bond No. 80100994
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Minto Communities, LLC
4400 W. Sample Road, Suite 200
Coconut Creek, FL 33073
(hereinafter referred to as "Owner ", and
The Guarantee Company of North America (USA)
One Towne Square, Suite 1470
Southfield, MI 48076
(hereinafter referred to as "Surety "), are held and firmly bound unto Collier County, Florida,
(hereinafter called "County "), in the total aggregate penal sum of Three Million Six Hundred
Ninety Three Eight Hundred Nineteen and 73/100 Cents. (S 3,693,819.73 ) 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 1 and that certain subdivision shall include specific improvements which are required
by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations ").
This obligation of the Surety shall commence on the date this Bond is executed and shall
continue until the date of final acceptance by the Board of County Commissioners of the
specific improvements described in the Land Development Regulations (hereinafter the
"Guaranty Period ").
NOW THEREFORE, if the Owner shall well, truly and faithfully perform its
obligations and duties in accordance with the Land Development Regulations during the
guaranty period established by the County, and the Owner shall satisfy all claims and demands
incurred and shall fully indemnify and save harmless the County from and against all costs and
damages which it may suffer by reason of owner's failure to do so, and shall reimburse and
repay the County all outlay and expense which the County may incur in making good any
default, then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates
and agrees that no change, extension of time, alteration, addition or deletion to the proposed
specific improvements shall in any way affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition or deletion to the
proposed specific improvements
PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed
amended automatically and immediately, without formal and separate amendments hereto,
upon amendment to the Contract not increasing the contract price more than twenty percent
(20 %), so as to bind the Owner and the Surety to the full and faithful performance of the
contract as so amended. The term "Amendment ", wherever used in this bond, and whether
referring to this bond, the Contract 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
Oe day of September, 2013.
WITNESSES:
4 1 --1'j IYA-A.
Printed Name 4 i p c Sul F
�a ujfl moW A6-2�
Printed Name Al,�
16A3
Minto Communities, LLC
B
Printed Name /Title S,yGv - s✓ clv p
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF 1b +A+AI -I3Aj4E 84WA At
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY
/2013 , BY S Q dE_ S J a A20k-
_ (NAME OF ACKNOWLEDGER)
AS (TITLE) OF MINTO COMMUNITIES,
LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS
IDENTIFICATION.
Notary Public - State of l-0 K I „LIA w,
(SE LAURA U+FAUCI
• *_. MY COMMISSION M EE 157114
EXPIRES: February 13, 2016
8wded TIn WNy Public UnderWrilers
rinted Name L,0. U ra 4A lla• u C1
WITNESSES: The Guarantee Company of North
America USA
By: Ll'—”
/ l
Matthew Tahbaz Claudette Alexander Hunt,
Attorney -in -Fact
(Provide Proper Evidence of Authority)
Camille Cruz
ACKNOWLEDGMENT
16A3
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
THE FOREGOING BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 06th/ September
/ 2013, BY CLAUDETTE ALEXANDER HUNT
(NAME OF ACKNOWLEDGER)
AS ATTORNEY -IN -FACT (TITLE) OF THE GUARANTEE COMPANY OF
NORTH AMERICA USA WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED FL
LICENSE AS IDENTIFICATION.
Notary Public - State of Florida
(SEAL)
;� ►�4., WILLIAM GREFE GRIFFIN
�• � MY COMMISSION #FF027729
�?hotrT►
EXPIRES June 16. 2017
(A a9s• 163
FIgfL&NotaryService.com
aKi+tioa'-m G. Griffin
16A3
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Claudette Alexander Hunt, Caroline Kristin Lamarre, Joseph Michael Pietrangelo
Aon Risk Services, Inc. of Florida
its true and lawful attomey(s) -in -fad to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
We, THE GUARANTEE COMPANY OF NORTH AMERICA USA, duly authorized to do business under the laws of Florida, having heretofore executed
a performance and payment bond for the Contractor covering the contract described above, hereby consent to the State of Florida Department of
Transportation making full payment of the final estimate, including the retained percentage, to the Contractor.
It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and /or
its assignee, shall not relieve this surety company of any of its obligations under its bond.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31° day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attomey(s }in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attomey -in -fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 31" day of December 2003, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
•�T its corporate seal to be affixed by its authorized officer, this 15th day of November, 2011.
GO
i
4 �1 THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary
County of Oakland
On this 15th day of November, 2011 before me came the individuals who executed the preceding instrument, to me personally known, and being by me
duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
I* My Commission Expires February 27, 2012
Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this lay of
a•
Randall Musselman, Secretary
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