Agenda 09/10/2019 Item #16A18 (The Springs at Hammock Cove Performance Bond)09/10/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$27,740 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20170004177) for work associated with The Springs at Hammock Cove.
_____________________________________________________________________________________
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Division routinely accepts securities administratively
as guaranties for early work improvements pursuant to Section 10.01.02 B of the LDC. The work
associated with this security has been inspected and the developer has fulfilled his commitments with
respect to this security. The per formance security was posted as security for clearing and site filling
associated with an Early Work Authorization for The Springs at Hammock Cove SDP, (PL20170001881).
On April 24, 2018, the SDP received staff approval and the bond is no longer required. An inspection
confirmed that the developer has fulfilled the commitments of the EWA.
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 Cash Bond in the amount of
$27,740. Development Review 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.18
Packet Pg. 594
09/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.18
Doc ID: 9615
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $27,740 which was posted as a development guaranty for a n Early Work Authorization
(EWA) (PL20170004177) for work associated with The Springs at Hammock Cove.
Meeting Date: 09/10/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
07/16/2019 1:32 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
07/16/2019 1:32 PM
Approved By:
Review:
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/16/2019 4:20 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 07/17/2019 8:57 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 07/18/2019 2:43 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/19/2019 7:40 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 07/19/2019 1:59 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 07/25/2019 2:29 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 07/29/2019 12:08 PM
Growth Management Department James C French Deputy Department Head Review Completed 07/29/2019 2:16 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 08/19/2019 2:36 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/19/2019 3:04 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2019 4:27 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/22/2019 9:01 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/26/2019 2:31 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
16.A.18
Packet Pg. 595
THE SPRINGS AT HAMMOCK COVE
LOCATION MAP
16.A.18.a
Packet Pg. 596 Attachment: Location Map (9615 : Bond Release for EWA - The Springs at Hammock Cove)
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY woRK PERFoRMANCE AGREEMENT entered into this 16 Yh day of
-April-,
20't8-, between Continental 422 Fund 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 early work authorization in accordance with
the Collier County Land Development Code including but not limited to Section '10.01.02.8
(collectively, the "Early Work Regulations"); and
WHEREAS, the Early Work Regulations require Developer to post appropriate
performance guarantees to ensure compliance with the Early Work Regulations and Early Work
Authorization Permit No. _--jlqq99E!1ZZ- (the "Early Work 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 Early Work Regulations and the Early Work
Permit (the "Early Work").
2. Developer herewith tenders its early work performance security (attached hereto
as Exhibit 'A" and by reference made a part hereo0 in the amount of
3
740 0
ln the event of default by Developer or failure of Developer to complete the Early
Work within the time required by the Early Work Regulations and Early Work
Permit, Collier County, may call upon the early work performance security to
insure satisfactory completion of the Early Work.
The Early Work shall not be considered complete until Developer notifies the
County that the Early Work is complete and the linal Early Work as reviewed and
approved by the County lranager or designee for compliance with the Early
Work Regulations.
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Early Work is complete, either: a)
notify Developer in writing of his approval of the Early Work; or b) notify
Developer in writing of his refusal to approve the Early Work, therewith specifyjng
those conditions which Developer must fulfill in order to obtain the County
Manageis approval of the Early Work.
ln the event Developer shall fail or neglect to fulfill its obligations under thrs
Agreement, upon certification of such failure, the County Manager or designee
may call upon the early performance security to secure satisfactory completion,
repair and maintenance of the Early 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 Early Work. The
Developer, as principal under the early performance security, shall be liable to
pay and to indemnify the Board, upon completion of such construction, the final
5
6
4.
16.A.18.b
Packet Pg. 597 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove)
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.
7 All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
executed by their duly authorized representatives this
lN WITNESS WHEREOF, the Board and Develo per
llo ,+,day of
caused this Agreement to behave
2018.
tLA"rr--
Printed Name{gt'n Rr Ver5
Sign
ilLlttA)L
SIGNED IN THE PRESENCE OF
Sign:
Continental 422 Fund LLC
By: Continental Properties Company, lnc.
It's M
DanielJ. Mina dent
President, VP, or CEO)
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
Printed Name flJ/\r\lt
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Ap to form and legality:
t
as designee of the County Manager
pursuant to Resolution No. 20 I 5- 162
\I,MN(
OF
By:
COLLIER , FLORIDA
Anril
scott tr. Stone
Assistant County Attorney
16.A.18.b
Packet Pg. 598 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove)
Exhibit "A"
PERFORI\4ANCE BOND
FOR EARLY WORK
Bond No. PB12194000004
KNOW ALL PERSONS BY THESE PRESENTS: that
Continental422 Fu nd LLC
W134 N8675 Executive Parkway
Menomonee Falls, Wl 53051
(hereinafter referred to as "Owner") and
Philadelphia lndemnity lnsurance Company
Three Bala Plaza East, Suite 400
Bala Cynwyd, PA 19004
(610) 206-7836
(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 Twenty seven thousand seven hundred forty 00/100
Dollars ($27,740.00) 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 a certain Early Work Authorization Permit No. PL20170004177 and that certain Early Work
Authorization 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 lhe completion of the work and approval by the
County of the specific improvements described in the Land Development Regulations, or until issuance of
a subsequent final development order such as an Site Development Plan (SDP) or Subdivision Plat and
Plans (PPL) (hereinafter the "Guaranty Period")or until replaced by a new bond in the event of a change
in 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, olherwise 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 pa(ies hereto have caused this PERFORMANCE BOND to be
executed this _9th_ day of April_,2018
16.A.18.b
Packet Pg. 599 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove)
WITNESSES:
Com Name: Continental 422 F
nz I Prof
undlLLC,m?"nt,luc.,f>.1:
I ie(.
lA4lA
By:
Print Name
ACKNOWLEDGEMENT
a}^t^-
J.Vrwalton
m6!-l@/
e
trr,
\\o B
R/
A
A.
T )-
o'.PuButo ..?
or' wt
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STATE OF FtORtDf W tstor.rsiN
COU NTY OF €€ttJER IvAurrAtTA
\
Printed Name tjv\ri sti ".k-l"{
"_;Qdzc-(4*2.^.-
Sandra Stutzman
Anthony T. Papa, Jr. - Attorney-ln-Fact an
Licensed Florida Agent
InSource Partners, LLC
7264 Kyle Court
Sarasota, FL34240
il
THE FOREGOING PERFORIVIANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS [} ONY OT
-flU", t ,2018, BY l*L'tc["1lrrr.ahan AS ?res',&,n! Of Gnn"*.t {ro+aF5 WHO
IS PERSONALL]-(NQIVN'I!-ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Pubtic - State or V{iSgp\^S\'n
9;a ?in -,(sEAL)
Printed Name EfiAA. P-rVef S
WITNESSES:Philadelphia lndemnity lnsurance Com
{
'tilIil
[ 1s- LDS-o1664/1 1s3600/U
ACKNOWLEDGMENT
v\c
....,tt!lt'Irt.,,,
16.A.18.b
Packet Pg. 600 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove)
STATE OF FI orida
COUNTY OF Sa ra so ta
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 9 DAY OFApril , 20 18 , BY (NAME OF ACKNOWLEDGER) AS (T|TLE) OF (NAME OF COIvtpANy) WHO
IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED peTsonally AS IDENTIFICATIoN,
knornm
Notary Public - State of Florida3r*X*['lr^^*.
39€-0153
TERESA L STEADMAN
MY COMMISSION #FF135184
EXPIRES June 23, 2O1B
(SEAL)
L s t eadman
Printed Name
[1s LDs-01664/1153600/1]
16.A.18.b
Packet Pg. 601 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove)
4
PHILADELPHIA INDEMNITY INSUR{NCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attornev
KNOW ALL PERSONS BY TIIEStl PRESUNTS: 'l'hat PHILADELPHIA INDEMNI-I'Y INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws ofthe Commonwealth ofPennsylvani4 does hereby constitute and appoint Anthonv T Paoa Jr. of InSource Partners. LLC its true and lawful
Attomey-in-fact with full authority to execute on its behalfbonds, undertakings, recognizances and other contracts ofindemnity and writings obligatory in the nature
thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25.000.000.
This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHIT.ADELPHIA INDEMNITY INSURANCE COMPANY on the l4n of November, 2016.
RESOI,VED:That the Board ofDirectors hereby authorizes the President or any Vice President ofthe
Company: (l) Appoint Attomey(s) in Fact and authorize the Attomey(s) in F'act to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto: and (2) to remove, at any time, any such Attomey-in-Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED:'l'hat the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attomey or certificate relating thereto by facsimile, and any such Power of
Attomey so executed and certified by facsimile signatures and facsimile seal shall bc
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WTIEREOF. PHILADEI,PHIA INDEMNITY INSURANCI.] COMPANY t{AS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER,20IT
(Seal)
Robert D. O'I-eary Jr., President & CEO
Phitadelphia Indemnity Insurance Company
On this 27s day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said
that he is the therein described and authorized officer of the PHILADELPHIA I\DEMNITY I\SURANCE COMPANY: that the seal affixed to said instrument is
the Corporate seal ofsaid Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public
residing at:[]ala Cynwyd. PA
I. Edward S
(Notary Seal)
of PHILADELPHIA
My commission expires September 25.2021
Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY. do hereby certiS that the foregoing resolution of the Board of
issued pursuant thereto on this 276 day of October, 2017 ue true and correct and are still in lull force and effect. I do further
who executed the Power of Attomey as President, was on the date ofexecution ofthe attached Power olAftorney the duly elected
INSURANCE COMPANY,
name and affixed the facsimile seal of each Company this gthday
"f 4Plilo 18
Edward Sayago, Corporate Secretary
PHILADEI,PTIIA INDEMNITY INSURANCE COMPANY
Y
TnCI^%^J\ft*fP
r rl
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16.A.18.b
Packet Pg. 602 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove)
of frbtatE 0 utr a
Drpurtrnent of Ftutr
I certify the attach€d ia a true and correct copy of the application by
CONTII{ENAAI 422 rUND LLC, a llisconsin limited liabllity coEpany,
authorized to tranaact busi.ness within the state of Florida on
March 28, 2018, as shorn by the records of thj.s office.
I further certify the document was electronically received und€r E.B:( audit
nunber 818000099401. Th16 celtlflcate is issued in accoldance wlth section
15.15, Florida Statut€s, and authenticated by the code noted bel,or.
The docurent nunber of thie limited 1labIlity cotrq)any ie M18000003028.
Authentication Code : 518A00 00537{-032918-M1800000302 8- 1/ 1
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Glven under ny hand and theGleat Seal of the Stat€ of Elorida,at fallahasaee, the Capital, this theEwenty-ninth day of March, 2018
16.A.18.b
Packet Pg. 603 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove)
N ('O\VPU4NE Mnl J;f[7KN eb.(m, nINIrt S'rAnn6 flE R)uOW n S gJBMnD TO R&ffim A FOREI;N IA.fiA) U/t&Ury
cd.0AhY70 IR4]6/r'I &tSnrSS Ar'7I€.t i{?}jff FIfrtU
t. ContincrLl422 Futd LLC
r l\am( of Forcren bmncd l-irbiliw Comp.ny. mu$ io.lud. 'Limitcd l,irbiliiy Corhprny." 'L L C .' d "LL.')
(llEE urqllbL. dI(.|rarr. om rdq..d lb. dE p!Do.. or t-r-rir birr r Fldil Tls.la!r. !& rr Ehl&'lid.d Uditty C@y." "LL C-'d _LU'"1
,, Wisconsin 82.r236587
irDrnadaEliEE@ {m NdE if +9rt Dr.)
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(U.iloa dnB)
Meromonee Falls, WI 53051
7. r-amc and !llglL34kLg!! ol lilorida registcrcd ugcna: (P.O. Box Nlll&ccptrblc)
Namc: C T Corpor.tion Systcm
Olllcc ddress:I20O Souti Pine lslaod Rosd
l,lanratlon . rlorida 33324
(Crtv) qb.*l
R.ti!t..cd ttc!t'! r.ccptrtrc.:
Hrelng beet narrEd ot rcglstered agenr and lo acccpl se.vk. of p.occtt lot thc obovc doted Urdhed AoNIA arrqory a, th. placc
dcsigdal.d ln lhls epp$carlon, I hcreby ccccp, lhc dppoinbtnl a5 ,qldcrcd qg. ind cgr.. lo qcl l1 ,hb c.poct$. I lutlh.t agrcc
to comply ,,irh thc protirlo,4t of sU stsur6 rcladv. ,o thc p?opcr ond co,rquc pcrlonmtc. of r',t' dr.d6, aid I .t fet dltot vlrh
\rEBrieEEu.dE trttBD'rtu,
(S.. t oat 6a,t os. I ul5 o9or, F S to dddli D-.ly li.hliv)
5. Wl34 N8675 Exocutive P.rkwsy 6. Wl34 N8675 Execulive Parkuy
IslilaGAffiOG,
Mcnomonec Falls, WI 53051
a occcpl th. ob,grdo* r,*,
W4;ryff:James M. Halpin
Assrstani Secretary
di(]tlrtd rr. ! ryn !)
ll. 1'he namc. titlc or capaciry snd ad&ess of thc person(s) \Nho has&sve authority lo rns[a8e igrre:
!!&_eIl!I!dqi Ntetr!d_A!&!E: Titl. or C.p.citv:
Scc attachcd.
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(Use attachmenE if nccasssr),)
9. Altached is a c.rrificate of€xistence, no more than 90 days old, duly authcnticatcd by rhe offcial hsving qlstody ofrccords in thcjurisdiction urdcr tlle law of which it is organized. (lfthc ccnitic.tc is in a forcign lartgu.gc, a ranslation ofthc ccrtific{& und6 oadrofthe uanslator must bc submitlcd)
NtEc ard Addic!!:
in accordance with section 605.0203 ( I ) (b), Irlorida Statutcs. I am a\+arc thrt a.IIy lalse inforrmtion
ofState third dcgrce fclrny as providcd for in s.t17.155. F.S\'\. -.,1
Sir!,! of- ."iqE d Fta
4$9\\$.(.r 'twrbrnf,r
fur.A LLc
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10.'lhis documcnt is cxccuted
submittcd in a docurn€nt to the
(_
Ir!.d o. F!r.d E; ofx;o! tor*. crlnla\ t{ )2
APPLICATION BY FOREICN LIMITED LIABILITY COMPANY FOR AUTHORIZATTON TO TRANSACI BUSINESS
IN FLORIDA
16.A.18.b
Packet Pg. 604 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove)
Attachment to Application by Foreign Limited Liability Company For Authorization To
Transact Business In Florida
Name of Foreign Limited Liability Company: Continental 422 Fund LLC
8. The name, title or capacity and address of the person(s) who has/have authority ro manage
iVare:
Title or Capacity:Name and Address
President of Continental Properties Company,
Inc., manager of Continental 422 Fund LLC
Daniel J. Minahan
Wl34 N8675 Executive Parkway
Menomonee Falls, WI 53051
CEO of Continental Properties Company,
Inc., manager of Continental 422 FwdLLC
James H. Schloemer
W I 34 N8675 Executive Parkway
Menomonee Falls, WI 53051
Treasurer & Executive Vice President of
Continental Properties Company, [nc.,
manager of Conti nental 422 Fund LLC
Edward J. Madell
Wl34 N8675 Executive Parkway
Menomonee Falls, WI 53051
Secretary & Executive Vice President of
Continental Properties Company, Inc.,
manager of Conti nental 422 Fund LLC
Paul R. Seifert
Wl34 N8675 Executive Parkway
Menomonee Fall wt 53051s,
Executive Vice President of Continental
Properties Company, lnc., manager of
Continental 422 Fund LLC
Kimberly Grimm
Wl34 N8675 Executive Parkway
Menomonee Falls, WI 53051
Vice President of Continental Properties
Company, Inc., manager of Continental 422
Fund LLC
Ryan Folger
W134 N8675 Executive Parkway
Menqmonee Falls, WI 53051
Gerard Severson
Wl34 N8675 Executive Parkway
Menomonee Falls, WI 53051
Vice Chairman of Continental Properties
Company, Inc., manager of Continental 422
Fund LLC
16.A.18.b
Packet Pg. 605 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove)
United States of America
State of Wisconsin
DEPARTMENT OF FINANCIAL INSTITUTIONS
Division of Corporate & Consumer Services
To All to Whom These Presents Shall Come, Greeting:
I, Mary Ann McCoshen, Administrator of the Division of Corporate and Consumer Services, Department of
Financial Institutions, do hereby cenify that
is a domestic corporation or a domestic limited liability company organized under the laws of this state and that
its date of incorporation or organization is April 03, 2017.
I further certify that said corporarion or limited liability company has not yel completed its initial repon year
and, accordingly, has not yet filed an annual report under ss. 180.1622, 180.1921, 181.1622 or 183.0120 Wis.
Stats., and thar said corporation or limited liability company has not filed articles of dissolution.
IN TESTIMONY WHEREOF, I have hereunto set
my hand and affixed the official seal of the
Depanment on March 28,2018.
MARY ANN MCCOSHEN. Administrator
Division of Corporate arrd Consumer Services
Department of Financial Institutions
DFI/Corp/33
To validate the authenticity of this certificate
Visit lhis web address: http://www.wdli.org/apps/ccs/verify/
Enler this code: 217157-F2E8B,I8A
CONTINENTAL 422 FUND LLC
16.A.18.b
Packet Pg. 606 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove)