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Agenda 09/10/2019 Item #16A10 (Isles of Collier Preserve Phase 10 Performance Bond)09/10/2019 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $131,780 which was posted as a guaranty for Excavation Permit Number 60.080.12, PL20160002229 for work associated with Isles of Collier Preserve Phase 10, Lakes 6C, 2A, 2D, 2E and 2F. OBJECTIVE: To release a security which was posted as a development guaranty. CONSIDERATIONS: The Development Review Division routinely accepts securities administratively as guaranties for developer commitments in accordance with Section 22-115 of the Collier County Code of Ordinances. The work associated with this security has been inspected and the developer has fulfilled his commitments with respect to this security. The Performance Bond was posted as secur ity for an Excavation Permit associated with Isles of Collier Preserve Phase 10, Lakes 6C, 2A, 2D, 2E and 2F. The As -Built lakes cross sections have been received and the lakes have been inspected by the Development Review Division. FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - SAA RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the amount of $131,780. Development Review staff will issue a Memorandum to the Clerk of Courts upon approval of this item by the Board of County Commissioners, advising the Clerk of this action. Prepared by: Lucia S. Martin, Technician, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 16.A.10 Packet Pg. 526 09/10/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10 Doc ID: 9216 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $131,780 which was posted as a guaranty for Excavation Permit Number 60.080.12, PL20160002229 for work associated with Isles of Collier Preserve Phase 10, Lakes 6C, 2A, 2D, 2E and 2F. Meeting Date: 09/10/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 06/04/2019 11:35 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 06/04/2019 11:35 AM Approved By: Review: Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 06/04/2019 1:42 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 06/07/2019 1:17 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/07/2019 4:45 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 06/21/2019 1:21 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/03/2019 6:44 AM Growth Management Department Matthew McLean Additional Reviewer Completed 07/25/2019 2:34 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 07/29/2019 12:03 PM Growth Management Department James C French Deputy Department Head Review Completed 07/29/2019 2:17 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 08/20/2019 3:46 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/20/2019 4:52 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2019 4:07 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/22/2019 3:12 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/26/2019 2:18 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM 16.A.10 Packet Pg. 527 ISLES OF COLLIER PRESERVE PHASE 10 LOCATION MAP 16.A.10.a Packet Pg. 528 Attachment: Location Map (9216 : Excavation Bond Release - Isles of Collier Preserve Phase 10, Lakes 6C, 2A, 2D, 2E and 2F) EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 8th day of December, 2016 between Minto Communities, LLC hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". WHEREAS, Developer has applied for an excavation permit in accordance with Section 22-106, et a/. of the Collier County Code of Laws and Ordinances, and the Collier County Land Development Code, including but not limited to Section 3.05.10 (collectively, the "Excavation Regulations"); and WHEREAS, the Excavation Regulations require the Developer to post appropriate guarantees and execute an Excavation Performance Security Agreement stating applicant will comply with the Excavation Regulations and Excavation Permit No. PL20160002229 (the "Excavation Permit"). 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 agrees to comply with the Excavation Regulations and the Excavation Permit (the "Excavation Work"). 2. Developer herewith tenders its excavation performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $663,448.00. ln the event of default by Developer or failure of Developer to complete the Excavation Work within the time required by the Excavation Regulations and Excavation Permit, Collier County, may call upon the excavation performance security to insure satisfactory completion of the Excavation Work. The Excavation Work shall not be considered complete until Developer notifies the County that the Excavation Work is complete and the final Excavation Work is reviewed and approved by the County Manager or designee for compliance with the Excavation Regulations. The County lvlanager or designee shall, within sixty (60) days of receipt of notification by Developer in writing that the Excavation Work is complete, either: a) notify Developer in wrrting of his approval of the Excavation Work; or b) notify the Developer in writing of his refusal to approve the Excavation Work, therewith specifying those conditions which Developer must fulfill in order to obtain the County Manager's approval of the Excavation Work. ln the event Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County [t/lanager or designee may call upon the excavation performance security to secure satisfactory completion, repair and maintenance of the Excavation Work. 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 Excavation Work. The Developer, as principal under the excavation performance J 4 6. 16.A.10.b Packet Pg. 529 Attachment: Bond Basis (9216 : Excavation Bond Release - Isles of Collier Preserve Phase 10, Lakes 6C, 2A, 2D, 2E and 2F) 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 Developer to fulfill all of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are and shall be binding upon Developer and the respective successors and assigns of Developer. lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this 8th day of December, 2016. SIGN IN THE PRESENCE OF Sig Minto Communities, LLC By 7 Printed Name Sign Z Name ATTEST DWIGHT E. BROCK, CLERK Deputy Clerk Ap a to form and legality A. Stone Michael J. Belmont, President BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA as designee of the County Manager pursuant to Resolution No. 2015-162 ,,fu,/n, nr*ka^I'f t7 *t c* D,,at (,r^n.Ilb,\\,OtdttLdlt/ Assistant County Attorney 16.A.10.b Packet Pg. 530 Attachment: Bond Basis (9216 : Excavation Bond Release - Isles of Collier Preserve Phase 10, Lakes 6C, 2A, 2D, 2E and 2F) Bond No.: 80130967 PERFORMANCE BOND FOR EXCAVATION WORK KNOW ALL PERSONS BY THESE PRESENTS: that Minto Communities, LLC 10150 Highland Manor Drive, Suite 200 Tampa, FL 33610 (hereinafter referred to as "Ownei') and The Guarantee Company of North America One Towne Square, Suite 1470 Southfield, Ml 48076 (248)281-0281 (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 Six Hundred Sixtv-Three Thousand Four Hundred Fourtv-Eiqht and 00/100 Dollars l&llElgJqg) in lavyful 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 a certain excavation pe rmit no. PL20160002229: lsles of QSllier Preserve Phase l0 and that certain excavation permit shall include speciflc 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 completion of the work and approval by the County of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") or until replaced by a new bond in the event of a change of Ownership. 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 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. lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 12th day of December, 2016. t1s-Los-o1664/11s3600/11 16.A.10.b Packet Pg. 531 Attachment: Bond Basis (9216 : Excavation Bond Release - Isles of Collier Preserve Phase 10, Lakes 6C, 2A, 2D, 2E and 2F) WITNESSES:(*U cAr.lD't r-t t\(By Printed Name Printed Name oBma {'Yhmru> AS (TITLE PERSONAL Y KNOWN TO ME, OR HAS PRODUCED l"l!!lam Costello V.B of Finance Printed Name/Title (Provide Proper Evidence of Authority) ETH ACKNOWLEDGEM ENT STATE OF COUNry THE FO EGOING PERFORMANCE BOND WAS ACKNOWLE BEFOR 20 , BY (NAME OF ACKNOWLEDGER IS YOF I OF (NAME OF COMPANY)Minto Communities,c ors AS IDENTIFICATION (SEAL) By:,. rL,"]. Notary blic - State of nted N ame/' Lair4__ 4 r.r( I WITNESSES: P nte a Jacqueline H pton Printed Name,Matthew hbaz Printed Name/Title (Provide Proper Evidence of Authority) ACKNOWLEDGMENT STATE OF Florida COUNTY OF lvliami-Dade THE FoREGotNG pERFoRMANCE BoND wAS ACKNowLEDGED BEFoRE ME THrs 12'n DAy oF December, 20L9, BY @3Q@..1@!4@! AS A!!@S! OF The Guarantee Companv of North Am erica USA WHO lS PERSONALLY KNOWN TO ME, OR HAS PRODUCED n/a AS IDENTIFICATION, Notary Public - State of Florida z-*;!t a/. <-- Printed Name,/CamilleJ/!. Cruz l4-EIS-02650/7 ,ifi[5i ?a+*..;+. L^IJBA LAFAUCI +#!i#f#id:;:::i [15-rD5,01664/11s3600/1] (SEAL) Minto Communities, LLC The Guarantee Company of North America USA Claudette Alexa nder Hunt, Attornev-in-Fact t-. "- A i.i-g MY COMMISSION II FF 947789 EXPIBES: February 13, 2020 Eoided Thlu Nolary Public UndaNiriers 16.A.10.b Packet Pg. 532 Attachment: Bond Basis (9216 : Excavation Bond Release - Isles of Collier Preserve Phase 10, Lakes 6C, 2A, 2D, 2E and 2F) furoRANrEE- Ttre Guarantee Company of North America USA Southfeld, Michigan POWER OF ATTORNEY fu^M.l"t- KNOW ALL By THESE PRESEITS: That THE GUA&AITEE COLPAttY OF raoRTH A ERICA USA, a corporation organized and existing under the laws ofthe State of l\,tichigan, having its principal office in Southfield, Michigan, does he.eby constitute and appoint Claudette Alexandet Hunl, Jacqueline Jordan Hampton Aon Rbk S€rvices, lnc. ot Flo{ida tN W|TNESS WHEREOF, THE GUARAflTEE CO PAi{Y OF }aORTH A ERICA USA has caused this instrument to be signed and its corporate seal to be atfixed by its authorized officer, this 23rd day of February, 2012' THE GUARA TEE COIiPAT{Y OF I{ORTH AI'ERICA USA its true and lalvfut attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, conkacts of indemnity and other writing! obligatory in the nature thereof, which are or may be allowed, Iequired or permitled 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 GUARA-i{TEE COI{PAI{Y OF NORTH A ERICA UsA as fu y and amply, to all inG;ts "iro pr-|.pos.s, as if the same had been duly exeauted and acknowiedged by its regularly elected offcers at the principal office. The power of Attorney is executed and may be cenified so, and may be revoked. pursuant to and by authority o, Article lx, Section 9'03 of the By-Laws adopted by the Board of Direcrors or rxetu-iilriiEi coiiinni oi ioarn irmentcl usA ai a meeting held on the 31d dav of December' 2003 ihe'president, or any vice president, acting wth any secretary or Assislant secretary, sha have povlEr and authority: .1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bond; and undertaiings, contracts of indemnity and other writings obligatory in the nature thereot and .2. To revoke, at any time: any such Attorney-in-dct and revoke the authority given, except as provided below S. tn "onneciion *iin oUtigations in tavor oiihe Florida Depa(ment of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Faci includes any and a consents for the release of retained percentages and/or final estimales on enginee.ing and construclion c6ntracts required bi ii," siui" oi fforio, Depanrnenr of Transportation. lt is fully understood that consenting to the State of iiorida Department of transportiion making payment of the final eslimate to the Contractor and/or its assignee' shall not relieve this surety company of any of its obligations under its bond. +. tn cdnndAion witn oOtigations in fivor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to ths Attorney-in-Fact ca;not be modified or revoked untes! prior written personal notice of such intent has been given to the commissioner - Departmeniof Highways ofthe Commonlvealth of Kentuckyat least thirty (30) days prio. to the modiflcation or levocation. Further, this power of Attorney is signed and sealed by facsimile pursuant lo resolution of the Board of Directors of the Company adopted at a meeting duly cailed and held on the 6th day of December 2O11, oI which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal ofthe Company may be affixed by facsimile to any- Porve. of Attorney or certification th;re;, authorizing the-erecution anO Oetirery ot any UonO, undertaking, contracts bf indemnity and other writings obligatory in the nature thereof and suih signature an-d seal when so used shalt have the same force and effect as though manually affixed. On this 23rd day of February,2012 before me came the individuals wtro executed the p.eceding instrument, to me personally known, and being by me Juyswom, saij that eacn ijme nerein oescrleo and auttrorized oficer of The Guarantee company oI North America UsA; that the seal affixed to said insirument is the Corporate Seal ot ."io Co.punv; ttat the Corporate Seal and each signature were duly affixed by order of the Board of Direclors of lN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written Cr",a; O. fa1L4.- I, Randa [4ussetman, secretary oiTHE GLARAI{TEE COHPA YOFNORTHA ERICA USA, do hereby certify that the above and foregoing is akue and conect copy of a pot*er of Attorney executed by THE GuAttA TEE CO PAiIY OF iloRTH AifERtCA USA, which is still in tull force and effect' tN WTNESS WHEREOF, lhavethereunto set my hand and attached the sealofsaid company this \L aav ot lDti;^L'',;-o& STATE OF ICHIGAN County of Oakland Stephen C. Ruschak, President & chief Operating Officer Randall llusselman, Sscretary Cyrtthia A. fakai Notary Public, State of Michigan County of Oakland My Connission Expies Februaty 27, 2018 Acting in Oakland Counv Rand.ll ilussolm.n, Secret ry 16.A.10.b Packet Pg. 533 Attachment: Bond Basis (9216 : Excavation Bond Release - Isles of Collier Preserve Phase 10, Lakes 6C, 2A, 2D, 2E and 2F) C-aw*y Gru,vth Management Department Development Review Division July 16, 2018 The Guarantee Company of North America One Towne Square, Suite 1470 Southfield, MI.48076 RE: Your Performance Bond No. 80130967 / Minto Communities, LLC Isles of Collier Preserve Phase l0 - PL201 60002229 - Bond reduction request No. I Dear Sir or Madam: Please be advised that based on the work completed to date, the subject Performance Bond may now be reduced by $531,668, leaving an available balance of $ 131,780. The remaining balance represents uncompleted Lake excavation at this time. Should you have any questions, please advise. Very Truly Yours, S"bgftouldtwotth John R. Houldsworth Senior Site Plans Reviewer Joh nhouldsrvorthiij)co I li e'rgor,. net Cc: Barraco & Associates Dorebpnert Revkw DMsion . 2800 Nortr Horse*roe Dive . thSs, Hcrila 34104. 2SX2-24N ' rww.colirgovnd An original Bond Rider should be directed to this office reducing the value of the Bond, "all other terms and conditions of original Performance Bond shall remain in full force and effect". 16.A.10.b Packet Pg. 534 Attachment: Bond Basis (9216 : Excavation Bond Release - Isles of Collier Preserve Phase 10, Lakes 6C, 2A, 2D, 2E and 2F) BOND NO. 80130967 RIDER To be attached to and form a part of Bond No. 80130967 executed by MINTOS COMMUNITES, LLC _ as Principal and by THE GUARANTEE COMPANY OF NORTH AMERICA USA as Surety, in favor of COLLIER COUNTY. FLORIDA and effective as of December 12, 2016 • In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing Bond Amount FROM: Six Hundred Sixty Three Thousand Four Hundred Forty Eight and 00/100 Dollars ($663,448.00) TO: One Hundred Thirty One Thousand Seven Hundred Eighty and 00/100 Dollars ($131,780.00) Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective on the 16th day of July , 2018 Signed and sealed this 25th day of Ju]y , __2018_. MINTOS COMMUNITES, LI Principal THE GUARANTEE COMPANY OF NORTH AMERICA USA Surety Claudette Alexander Hunt Attorney-in-Fact - v: 16.A.10.b Packet Pg. 535 Attachment: Bond Basis (9216 : Excavation Bond Release - Isles of Collier Preserve Phase 10, Lakes 6C, 2A, 2D, 2E and 2F) . #« . The Guarantee Company of North America USA GUARANTEE 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, Jacquetine Jordan Hampton Aon Risk Services, Inc. of Florida its true and lawful attorney(s)-in-fact 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. 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 31st 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 Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. 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. 4. 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 8th day of December 2011, 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 its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak. President & Chief Operating Officer Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 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 My Commission Expires February 27, 2018 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 day of $ Randaii Musselman, Secretary 16.A.10.b Packet Pg. 536 Attachment: Bond Basis (9216 : Excavation Bond Release - Isles of Collier Preserve Phase 10, Lakes 6C, 2A, 2D, 2E and 2F)