Backup Documents 02/12/2019 Item #16A 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6
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 he 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.
**NEW** ROUTING SLIP
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 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 j\-VA:b—k ajacoi7)
Commissioners
5. Minutes and Records Clerk of Court's Office
1 i 1,ci
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Jodi Hughes Phone Number x-5744
Contact/ Department
Agenda Date Item was 2/12/19, .__� Agenda Item Number 16A6
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? '` ?' 'C
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. JH
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 2/12/19 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. Y
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
16A6 1
MEMORANDUM
Date: March 1, 2019
To: Jodi Hughes, Project Manager
Growth Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Performance Bond — CSM0288396 and Construction and
Maintenance Agreement related Isles of Collier Preserve Phase 13
Attached for your records are copies of the documents referenced above, (Item #16A6)
approved by the Board of County Commissioners on Tuesday, February 12, 2019.
The original documents will be held in the Minutes and Records Department for the
Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
1 6 A 6
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 1!`Ott day of Fehr .a.r , 20 14' between Minto Sabal Bay,LLC hereinafter
referred to as "Developer", and 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 13
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: 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$408,782.72 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 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 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 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 designee to inspect
the required improvements. The County Manager or 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.
16A6
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 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
designee. The County Manager or 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 designee may call upon the subdivision performance
security to secure satisfactory completion, repair and maintenance of the required improvements. The
Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to
public advertisement and receipt and acceptance of bids, the improvements required herein. The
Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify
the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not
limited to, engineering, legal and contingent costs, together with any damages, either direct or
consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the
provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer
and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by
their duly authorized representatives this 1)441% day of ' rr o.ry , 20 19 .
SIGNED IN THE PRESENCE OF: Minto Sabal Bay, LLC
Witness:
►14 By:
Printed Name: ./ / William Bullock,Vice President
4
Fitt a" ,Bdft'/(jKi
Witne
ss:j -a_ ,`/,
Printed Name:
iii A. (./JA Cc-kr--
ATTEST:
c-krATTEST:
CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS
OF
COa RCO Y, FL• -IDA
61) r v--' Air- 01111411.
Deputy CI t3Sf h I an's W./'. McDaniel, Jr., Chairman
Appr ved as t81Iyoality: —
=---7, --r- c----
/ Agenda
Scott A. Stone np,tQ &- o \
Assistant County Attorney
Date _.lel'
Rec' L
eputy Clerk
1 6 A 6
PERFORMANCE BOND
BOND NO. CMS0288396
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 Four Hundred Eight Thousand Seven Hundred Eighty-Two and 72/100 Dollars
($408,782 72 ) 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 13 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
1 6 A 6
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 29th day of January, 2019.
WITNESSES: Minto Sabal Bay, LLC
Ab
Print Name:
Lilliam Costello
V. P. of Finance
boa. 1141��.�
Print Name: Norma Mohamed Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF r i.. CDA
COUNTY OF 2;)
�THE FOREGOING PERFORMAN E B NNP�WAS rACK�OWLE G, D BEFORE ME THIS d VS DAY OF
ler..so.• , 201)), BY ,`;�t\\AAS Vr►C.e.-'i"tt5;•altn\OF MINTO SABAL BAY, LLC WHO IS
PERSONALLY KWN TO ME, OR HAS PRODUCED LICENSE AS IDENTIFICATION.
LAFAUCI
Notary Public-State of R` ;a;:?�'.°y LAURAI FF
X IRES;COMMFebruary
ry 13,202
7789
�� 't` EXPIRES:February 13,2020
/ +":00 Bonded ThruNotary Public Undenrriiers (SEAL)
/-� aze.c.
awn'4f,.
Printed Name/ Lara LaFauci
WITNESSES RLI Insurance Company
` I
Guillermo Luis, Surety Witness Claudette Alexander Hunt,Attorney in Fact
Alexander 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 29th DAY OF
JANUARY, 2019, BY CLAUDETTE ALEXANDER HUNT AS ATTORNEY IN FACT OF RLI INSURANCE
COMPANY WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED LICENSE AS IDENTIFICATION.
Notary Public- State of Florida
boss?Ga�,� CAMILLE=M.CRUZ
* „ * Commission 1i G0112026 (SEAL)
'� - _ 4ic Expirr+a Augast 5,2021
'orFNP° Pdnk+eri'hribddgettervices
Printed Name, Camilfe M. Cruz
RLI surety POWER OF ATTORNEY 6 A 6
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 .
,,,, 1icEco. RLI Insurance Company
IA
cr.;GptiPORq rF��•
SEAL% . = By:
. vs
Barton W.Davis Vice President
•
State of Illinois 'o„!l �,N,p,,,,,,
SS
County of Peoria
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 sct my iarld and the seal of the RLI Insurance Company
this t day of . . . . _.
By: //f. B.L
Jacque' e M.Bockler Notary Public P2LI insurrrce Company
\' "OFFICIAL SEAL"
3 M1OTAR B }
UPUBLIC �ACQUE.INe M.tOCKLFR y:
STATE OF
.J« COMMISSION EXPIRES 01/14/18 C►r Bacton W.Davis Vice President
mmVVmm,mV,mvvyvVV,r
0955690020212
A0058514
16A6
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 13
Plat Bond
11/8/2018
ITEM UNIT
NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
I. EARTHWORK
110-2 Erosion Control/Maintenance 1 LS 510,000.00 $10,000.00
575-1 Sodding 10,269 SY $1.85 $18,997.65
SUB-TOTAL $28,997.65
II ROADWAY
522-1 Asphalt Path 2,476 SY $6.50 $16,094.00
522-2 4"Concrete Sidewalk 1,322 SY $20.00 $26,440.00
522-3 4"Concrete Sidewalk Removal 1,053 SY S1o.00 S10,530.00
522-4 Remove 3'Valley Gutter and Replace with F Curb 631 LF $20.00 S12,620.00
SUB-TOTAL: $65,684.00
III. DRAINAGE
425-1 Type"C"Inlet 5 EA $2,000.00 810,000.00
425-2 Junction Box 6 EA $3,800.00 $22,800.00
430-1 18"RCP Storm Sewer 667 LF $39.00 $26,013.00
430-2 24"RCP Storm Sewer 169 LF $50.00 $8,450.00
430-3 8"ADS Storm Drain 90 L.F. $17.50 81,575.00
430-4 12"ADS Storm Drain 3,481 L.F. $21.00 $73,101.00
430-5 8"Flared End Section 1 EA. 8350.00 8350.00
430-6 Yard Drain 36 EA $550.00 $19,800.00
SUB-TOTAL: $162,089.00
Page 1 of 2
16A6
ITEM UNIT
NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
IV. WATERLINE AND ACCESSORIES
A. Single Water Service 18 EA $600.00 $10,800.00
B. Double Water Service 17 EA $900.00 $15,300.00
C. Triple Water Services to be Removed/Capped 34 EA $50.00 $1,700.00
SUB-TOTAL: $27,800.00
V. SEWER SYSTEM
A. 6"Sewer Service(Single) 6 EA $550.00 $3,300.00
B. 6"Sewer Service(Double) 22 EA $80o.o0 $17,600.00
C. Existing Single Services to be Removed/Capped 31 EA $50.00 $1,550.00
6"Sewer Cleanout with Concrete Collar and
D. Electronic Markers 49 EA $400.00 $19,600.00
SUB-TOTAL: $42,050.00
VI. LANDSCAPING
A. 1o'Height Buffer Tree 116 EA $250.00 $29,000.00
SUB-TOTAL: $29,000.00
VII. SITE LIGHTING
FPL Town&Country Street Lights-Existing to be
A. relocated 32 EA $500.00 $16,000.00
SUB-TOTAL: $16,000.00
TOTAL: $371,620.65
10%BOND TOTAL: $37,162.07
BOND TOTAL: $408,782.72
Estimated Date of Completion:12/2019
Barraco and Associates,Inc.
2271 McGregor Boulevard Timothy B.
P.O.Drawer 2800 Gavin,P.E.
Fort Myers,FL 33902-2800 Li:
70675
Certificate of Authorization No.7995 T''<zTN
2018.12.17
"` 16:34:20-05'00'
Timothy B.Gavin,P.E. This item has been electronically signed and sealed using a
SHA-i authentication code.
Florida P.E.No.70675
Printed copies of this document are not considered signed and
For the Firm sealed and the SHA-i authentication code must be verified on
any electronic copies.
Page 2 of 2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 6
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.
**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#,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 a/A _ //
4. BCC Office Board of County
Commissioners
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 2/12/19, Agenda Item Number 16A6
Approved by the BCC
Type of Document Plat,Joinder and Consents and Supplement Number of Original 4
Attached Declaration 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, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. JH
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 2/12/19 and all changes made during the l'°‘1
meeting have been incorporated in the attached document. The County Attorney's � ����
Office has reviewed the changes,if applicable. ifrf,c �
9. Initials of attorney verifying that the attached document is the version approved by the 1°i z
BCC, all changes directed by the BCC have been made, and the document is ready for the trt t
Chairman's signature.
e J i
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
16A6 ,
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 I J I•4.‘ day of Jru , 2019, 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
36537466:2
16A6
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. Tract "0" and all Drainage
Easements (D.E.) and Lake Maintenance Easements (L.M.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.
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36537466:2
16A6
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
CAA& y� 8« ..: By:
:✓% �
Printed Name:ER'cv+�w aa.Sk'r - WILLIAM BULLOCK, Vice Pres.
Printed Name: 4.
STATE OF FLORIDA
COUNTY OF CoWE-e
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.
WITNESS my hand and official seal in the County and State last aforesaid this I/'day of
, 2019.
My Commission Expires: ,�%lu'
La tz •
— Notaryublic
'"
1?" u'•.. JULEMNN DAMELEWSIQ p{p /�
' ' MYOOMMISSION#FF977210 ✓►�C.�C 7OiiIiC4 lvc� l
ExNRES*e _,4�y. Typed, printed or stamped name of Notary Public
',!•�• `OP.` Tin Notary Public UndscialMm
3
36537466:2
16A6
JOINED IN BY:
ISLES OF COLLIER PRESERVE PROPERTY
OWNERS ASSOCIATION, INC.,
a Florida not-for-profit corporation
�
I rael
By:
Sia MICHAEL ELGIN, President
Pn ed Name z} ..
ature (CORPORATE SEAL)
Printed Name
STATE OF FLORIDA )
COUNTY OF 1 PP )
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 MICHAEL ELGIN,as President of ISLES OF COLLIER PRESERVE
PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, who is
personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this 4-1"" day of
, 2019. ----,.�
My Commission Expires: elLe
No Public
.ora:: •• JULIE ANN DANIELEWSKI Typed, printedstampedNotary
�' � �:,* R3Yl:6MAdkSSION#FF9�2210 YI> > or name of Public
.+-.:; EXPIRES:AM 8,2020
Baked Thsu Notary Public UnclartA rs
.4110.40.0
4
36537466:2
16A6
EXHIBIT "A"
Legal Description of Property
ALL PROPERTY SHOWN ON THAT CERTAIN PLAT OF ISLES OF COLLIER PRESERVE
PHASE 13, RECORDED IN PLAT BOOK , PAGES THROUGH ,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT ANY
PROPERTY DEDICATED TO THE PUBLIC.
5
36537466:2
16A6
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 13 (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
corporation
PrintName:Name: 4-Le¢dk p
/11),/
By:
Ii
Print Name: [ j!✓s"4 --r/(Xit 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 5141day of FJA-4 ,
2018.
0c)_,L..L---4Q.)—.7
Notary Public, State of Florida at Large
My commission expires: f p D
cr.)ST ►i, 2,0-2..4.,2,0-2..4., 1 V keeik \..- r 1
Typed,Printed or Stamped Name of Notary Public
/�r `p�e� Valerie L.Pike
,/ lNotaryPublic-Staten#Florida
rik
4sl Commission#GG 22100
\•.6.2!$‘_.„9,,w� Expires 08/17/2020
6
36537466:2
1 6 A 6
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 13 (the"Phase 13 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 13 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 February,2019.
Signed, sealed and delivered WELLS FARGO BANK,NATIONAL
in the presence of: ASSOCIATION, as Administrative Agent
LCU(tlita
By:
Print Name: � r � ( � ��� E'"
Susan Beaugrand,Senior Vice President
11 • Address:1 Independent Drive, 10th Floor
/ 1' `" Jacksonville,Florida 32202
Print Name: Kathryn C.Bateman
STATE OF FLORIDA
COUNTY OF DUVAL
THE FOREGOING INSTRUMENT was acknowledged before me this • day of February,2019,by Susan
Beaugrand, as Senior Vice President of Wells Fargo Bank, National Association, a national banking association, on
behalf of the association,who is personally known to me.
Notary Public, State of Florida
KA[HR'r%
Notary Public - State c
•,► i .J- My Comm. Expires Feb 29. :_t
Commission # FF 17153?
7
36537466:2
16A6
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 13,
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 W I TN E S S WHEREOF the said Mortgage holder has duly executed this instrument
this 1-61.\-- day oft , 2019.
CDC Land Investments, Inc.,
a Florida orpor do
By:
PATRICK L. UTTER, Vice President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 13'41 day of P -41-011-12)-1 ,
2019, by PATRICK L. UTTER, as Vice President of CDC Land Investments, Inc., a Florida
corporation, who is personally know to me.
(STAMP)
A4,6 Valerie L.Pike C c)..
d `E, Notary Public•State of Florida Notary Public, State of Florida
m„, Commission#GG22f00
'PF"•��` Expires 08l17/2020 Print Name: VAS L. �,ic.2
o�" My Commission Expires: aNc sr C,) ZaZa
36537454:1
16A6
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 13, 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 of February, 2019.
WELLS FARGO BANK,NATIONAL
ASSOCIATION
By: , -
Susan Beaugrand, S'enior Vice President
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me this '. day of February, 2019,
by Susan Beaugrand, as Senior Vice President of WELLS FARGO BANK, NATIONAL
ASSOCIATION, a national banking association, on behalf of the association, who is personally
known to me.
(STAMP)
Notary Public, State of Florida
�`F'' KATHRYN C. BATEMAN
��:"' � � Kath C.Bateman
^,8 :`: Print Name: �
, �}� Notary Pubic -State of Florida
My Comm. Expires Feb 20.2019 My Commission Expires:
Commission # FF 171539
36537430:1
1 6 A 6
Ex parte Items - Commissioner William L. McDaniel, Jr.
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
February 12, 2019
ADVERTISED PUBLIC HEARINGS
NONE
CONSENT AGENDA
16.A.6. This item requires that x 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 13, (Application Number PL20180002: • •)
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
Ak NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings ]Correspondence e-mails EICalls
SUMMARY AGENDA
17.A. This item requires that x 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 a
Resolution renaming Breeze Court to Justins Way.The subject street is located south of Calusa
Avenue,just west of Airport-Pulling Road, in Section 11,Township 50 South, Range 25 East,Collier
County, Florida. [P120180002683]
NO DISCLOSURE FOR THIS ITEM
1 SEE FILE OMeetings OCorrespondence le-mails I iCalls
1 6 A 6
Ex parte Items - Commissioner Burt L. Saunders
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
February 12, 2019
ADVERTISED PUBLIC HEARINGS
NONE
CONSENT AGENDA
16.A.6. 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 13, (Application Number P120180002844)
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 OMeetings pCorrespondence e-mails DCalls
SUMMARY AGENDA
17.A. 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 a
Resolution renaming Breeze Court to Justins Way. The subject street is located south of Calusa
Avenue, just west of Airport-Pulling Road, in Section 11, Township 50 South, Range 25 East, Collier
County, Florida. [PL20180002683]
NO DISCLOSURE FOR THIS ITEM
SEE FILE [1:Meetings 1 'Correspondence e-mails Calls
1 6 A 6
Ex parte Items - Commissioner Donna Fiala
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
February 12, 2019
ADVERTISED PUBLIC HEARINGS (NONE)
CONSENT AGENDA
16.A.6. 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 13, (Application Number PL20180002844)
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
Cl NO DISCLOSURE FOR THIS ITEM
fl SEE FILE riMeetings _Correspondence I le-mails Calls
SUMMARY AGENDA
17.A. 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 a
Resolution renaming Breeze Court to Justins Way.The subject street is located south of Calusa
Avenue,just west of Airport-Pulling Road, in Section 11,Township 50 South, Range 25 East, Collier
County, Florida. (PL20180002683]
Cl NO DISCLOSURE FOR THIS ITEM
fl SEE FILE [—Meetings 11Correspondence I [e-mails I Calls
1 6 A 6
Ex parte Items - Commissioner Penny Taylor
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
February 12, 2019
ADVERTISED PUBLIC HEARINGS
NONE
CONSENT AGENDA
16.A.6. 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 13, (Application Number P120180002844)
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
12 NO DISCLOSURE FOR THIS ITEM
SEE FILE Meetings I ]Correspondence De-mails Calls
SUMMARY AGENDA
17.A. 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 a
Resolution renaming Breeze Court to Justins Way.The subject street is located south of Calusa
Avenue,just west of Airport-Pulling Road, in Section 11,Township 50 South, Range 25 East, Collier
County, Florida. [P120180002683]
12 NO DISCLOSURE FOR THIS ITEM
SEE FILE ❑Meetings Correspondence De-mails Calls
1 6 A 6
Ex parte Items - Commissioner Andy Solis
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
February 12, 2019
ADVERTISED PUBLIC HEARINGS -- NONE REQUIRIING DISCLOSURE
CONSENT AGENDA
16.A.6. 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 13, (Application Number PL20180002844)
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
SUMMARY AGENDA
17.A. 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 a
Resolution renaming Breeze Court to Justins Way.The subject street is located south of Calusa
Avenue,just west of Airport-Pulling Road, in Section 11,Township 50 South, Range 25 East, Collier
County, Florida. [P120180002683]
[> NO DISCLOSURE FOR THIS ITEM
[l SEE FILE ( 1Meetings I !Correspondence _e-mails ❑Calls