Backup Documents 03/10/2020 Item #16A 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A L
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 he received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line 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 qic(OkiP
4. BCC Office Board of County c �. ��
Commissioners 461
5. Minutes and Records Clerk of Court's Office IT, q `5 �3d
y7s
PRIMARY CONTACT INFORMATION l
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 Melissa Nute Phone Number x-2361
Contact/ Department
Agenda Date Item was 3/10/2020 Agenda Item Number 16A2
Approved by the BCC
Type of Document Plat,Joinder and Consent, Supplement Number of Original 3
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)
Does the document require the chairman's original signature? MN
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. MN
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 MN
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 MN
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. Q�n
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 3/10/2020 and all changes made during •
the meeting have been incorporated in the attached document. The County w opttot
Attorney's Office has reviewed the changes,if applicable. is line
9. Initials of attorney verifying that the attached document is the version approved by the <3(A is riot
BCC, all changes directed by the BCC have been made,and the document is ready for the � option„i2r
Chairman's signature. ltneP
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
16A2
MEMORANDUM
Date: September 21, 2020
To: Melissa Nute, Site Plan Reviewer
Development Review
From: Teresa Cannon, Senior Deputy Clerk
Minutes & Records Department
Re: Plat, Joinder and Consent, Supplement Declaration — Isles of
Collier Preserve, Phase 14
Attached is a copy of the document as referenced above, (Item #16A2) approved
by Board of County Commissioners on Tuesday, March 10, 2020.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
16A2
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 14,
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 3"' day of Gc s r , 2020.
CDC Land Investments, Inc.,
a Florida oration
By:
2.
PATRIC . UTTER, Vice Pr sident
STATE OF FLORIDA
COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 3� day of n ,CL.'Sr
2020, by means of[X physical presence or [ ] online notarization by PATRICK L. UTTER, as
Vice President of CDC Land Investments, Inc., a Florida corporation, who is personally know to
me.
(STAMP)
Lt_se__—4
Velanc+L. Pike
':,1 Notary Public-State of F,oric;a Notary Public, State of Florida
r R•
4) Commission kGG 22100 Print Name: VA‘zei e L. P1/4,
••'•� Expires 08/17/2320
\ �F My Commission Expires: jc,. �Z,2oto
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44580078.1
1 6 A 2
Return to:(enclose self-addressed stamped envelope)
Angela Tompkins,Paralegal
Greenspoon Marder LLP
5133 Castello Drive,Suite 2
Naples,FL 34103
This Instrument Prepared by:
Mark F.Grant,Esq.
Greenspoon Marder LLP
5133 Castello Drive,Suite 2
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 ag9 441 day of July ,2020,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
WHEREAS, Declarant now desires to add the Additional Property to Isles of Collier
Preserve as herein specifically provided; and
1
41769036.2
16A2
WHEREAS, the Master Association is joining in this Supplemental Declaration to
acknowledge its maintenance responsibilities described herein.
NOW, THEREFORE, Declarant hereby makes this Supplemental Declaration (which is
intended to be and is a"Supplemental Declaration"as defined in the Master Declaration)and hereby
declares that the Additional Property shall be deemed a portion of the"Property"under the Master
Declaration and that the Additional Property shall be owned,held,used,transferred,sold,conveyed,
demised and occupied subject to the covenants,restrictions,reservations,regulations,burdens and
liens set forth in the Master Declaration as modified by this Supplemental Declaration, as follows:
1. The recitations herein set forth are true and correct and are incorporated herein by
reference.
2. The definitions provided in the Master Declaration are incorporated herein by
reference.
3. The Additional Property described on Exhibit"A"to this Supplemental Declaration
is hereby designated a part of Isles of Collier Preserve and shall be sold,transferred,used,conveyed,
occupied and mortgaged or otherwise encumbered pursuant to the provisions of this Supplemental
Declaration and the Master Declaration.
4. Declarant hereby declares that all of the Additional Property designated on Exhibit
"A" to this Supplemental Declaration is part of the "Property" and is therefore subject to the
applicable land use covenants and the benefits and burdens established under the Master Declaration
as fully as though it were originally designated as such in the Master Declaration.
5. Designation and Maintenance of Common Property. Tracts"R","L-1","L-2, "L-3",
"L-4,"0-1","0-2","0-3","0-4","0-5","0-6",and"P", and all Drainage Easements(D.E.),Lake
Maintenance Easements(L.M.E.),Access Easements(A.E.),Landscape Buffer Easements(L.B.E.,
and all Lake Access Easements (L.A.E.), as shown on the Plat described in Exhibit "A" attached
hereto and made a part hereof, are hereby declared to be Common Property. Maintenance of the
Common Property shall be by the Master Association,as provided in Section 2 of Article VI of the
Master Declaration. All costs of maintenance pursuant to this Paragraph shall be assessed against all
Lots in Isles of Collier Preserve as a Common Expense pursuant to the provisions of Article V of the
Master Declaration and shall be subject to the lien of the Master Association pursuant to Section 1
of Article V of the Master Declaration.
6. Conflict. In the event of any conflict between the provisions hereof and the
provisions of the Articles and/or Bylaws and/or rules and regulations promulgated by the Master
Association, the provisions of this Supplemental Declaration shall control. Except as otherwise
specifically set forth in this Supplemental Declaration, in the event of any conflict between the
provisions of this Supplemental Declaration and the provisions of the Master Declaration, the
provisions of the Master Declaration shall control.
2
41769036.2
1 6 A 2
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
. - B
/hp/ y'
Pri de. ��! ')zc71+ WIL IAM BULLOCK, Division President
Printed ame: «k
STATE OF FLOI.IDA
COUNTY OF L cc_
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 means of[x]physical presence or[ ]online notarization by WILLIAM
BULLOCK, as Division President of MINTO SABAL BAY, LLC, a Florida limited liability
company, who is personally known to me.
WIT SS my hand and official seal in the County and State last aforesaid this � t day of
J , 2020.
My Commission Expires:
AMY HUGHES No :ry ' blic
Notary Public-State of Florida
c. Commission#GG 350764
n ` My Comm.Expires Aug 16,2023 ► Typed,' o inte, s stamped name of Notary Public
Bonded through National Notary Assn.
3
41769036.2
16A1
JOINED IN BY:
ISLES OF COLLIER PRESERVE PROPERTY
OWNERS ASSOCIATION, INC.,
a Florida not-for-profit corporation
By:
Signature CHAEL ELGIN, President
Printed Name
1
Signature (CORPORATE SEAL)
! • , t s it , I• , . . v; ; c, ;
Printed Name
STATE OF FLORID/pi )
COUNTY OF CoI; cv )
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 means of [ physical presence or [ ] online notarization by
MICHAEL ELGIN, as President of ISLE 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 ) 1 day of
Avv0- , 2020.
,
My Commission Expires: 7(2-4 in zq
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Not Public� L
el hi, Notary Public Sate Of Florida " " "a ri,So I 1�-0 r
Marisol Rotar Typed, printed or stamped name of NotaryPublic
01 My Commission NH 024167 Yh > p
�41 Expires 07/27/2024
4
41769036.2
16A2
EXHIBIT "A"
Legal Description of Property
ALL PROPERTY SHOWN ON THAT CERTAIN PLAT OF ISLES OF COLLIER PRESERVE
PHASE 14, RECORDED IN PLAT BOOK , PAGES THROUGH ,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT ANY
PROPERTY DEDICATED TO THE PUBLIC.
5
41769036.2
16A2
MORTGAGEE'S JOINDER AND CONSENT
The undersigned, as holder of that certain Contingent Mortgage and Security Agreement dated
December 27, 2012, and recorded in Official Records Book 4870, Page 373, as amended by First
Amendment recorded in Official Records Book 5169,Page 3809,in the Public Records of Collier County; and
also as holder of that certain Financing Statement Form UCC-1 recorded December 28, 2012 in Official
Records Book 4870, Page 402, all of the Public Records of Collier County, Florida, which encumber the
Property as defined in the foregoing Supplemental Declaration to add Phase 14 (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
Print Name: V A-c'! c ��wE
B 2/
Y•
Print Name: 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
means of[)C] physical presence or[ ]online notarization 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 3� day of PvwSr-
, 2020.
ULt-f -- -Y`• '0 —‘
Notary Public, State of Florida at Large
My commission expires: ANG.11,?o w
Typed, Printed or Stamped Name of Notary Public
Valerie L. Pike
\. !N Lary Pubilc-State Of Florida
Cornnussion#GG 22100
Expires G8,17/2020
6
41769036.2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 2
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()Mee no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office qj I/1)
4. BCC Office Board of County
Commissioners
5. Minutes and Records Clerk of Court's Office (°-" rt
C8kV
91
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 Melissa Nute Phone Number x-2361
Contact/ Department
Agenda Date Item was 3/1/2020 Agenda Item Number 16A2
Approved by the BCC
Type of Document Bond,Maintenance Agreement Number of Original 2
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? MN
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. MN
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 MN
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 MN
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 3/10/2020 and all changes made during /A is not
the meeting have been incorporated in the attached document. The County option for
Attorney's Office has reviewed the changes,if applicable. is line.
g
9. Initials of attorney verifying that the attached document is the version approved by the - N/A is not
BCC, all changes directed by the BCC have been made,and the document is ready for the an o e tiop for
Chairman's signature. to
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
I6Ai
MEMORANDUM
Date: September 21, 2020
To: Melissa Nute, Site Plan Reviewer
Development Review
From: Teresa Cannon, Senior Deputy Clerk
Minutes & Records Department
Re: Maintenance Agreement & Bond — Isles of Collier Preserve,
Phase 14
Attached is a copy of the document as referenced above, (Item #16A2) approved
by Board of County Commissioners on Tuesday, March 10, 2020.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
164
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this Z9+41 day of Jva t, , 20 2020 between Minto Sabal Bay,LLC hereinafter
referred to as "Developer", and Board cif 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 14
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$3,038,680.70 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.
16A [
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 Z 9N' day of J , 20 2020 .
SIGNED IN THE PRESENCE OF: (Name of Entity)
Minto Sabal Ba , L -
Witness:
/j,..ilv, /,'
;Pi ‘ &R4,,,/. 7 By:
Printed Name:
17 --rt li C 9AZe+1 William Bullock, Division President
Witness: _ Printed Name/Title
� / (President, VP, or CEO)
►"" !/mil �'4 (Provide Proper Evidence of Authority)
Printed Na e: , J
VfiiJ . UU'uwt
kirk-
ATTES 4 C ..- '
CRYSTAL K. KIN7FJ , LEr.��l1i11�I1,S BOARD OF COUNTY COMMISSIONERS
Attestttoo�t++ OF
�;n�. .,:.. -a., LLIER COUNT LORIDA
i
By: By:
Deputy Clerk Burt L. Saunders
Approved as to form and legality: Chairman
S y s kar
Assistant County Attorney
Exhibit A 1 6 A 2
PERFORMANCE BOND
BOND NO. 80183516
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 a "Owner") and
THE GUARANTEE COMPANY OF NORTH AMERICA USA (Name of Surety)
One Towne Square,Suite 1470 (Address of Surety)
Southfield MI 48076 (Address of Surety)
(781)332-7276 (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 Three Million Thirty-Eight Thousand Six Hundred Eighty&70/100 Dollars
($3,038,680.70 ) 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 14 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
16A2
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
21st day of July / 2020 /
WITNESSES: (Owner Name and Title if C ation)
MIN A A BAY
11)
a tod
Printed Nrna fohamed Printed Name/Title
(Provide Proper Evidence of Authority)
7" _-
Printed Name
Cynthia 8arrionuevo
ACKNOWLEDGEMENT
STATE OF FL,c,k I /\74
COUNTY OF �AG►A 4K.
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS
OF 2 PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS DAY OF 0 f /
20 , by / ,/1, o..r✓. oS"fe l IO (NAME OF ACKNOWLEDGER) AS 1c e ((kg;401f
(TITLE) OFt1.rde S L.J lay lax (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO
ME, OR HAS PRODUCED / AS IDENTIFICATION.
Notary Public—State of f10,e/�4
(SEAL
P inted Name Laura LaFauci
WITNESSES: (Surety Name and Title if Corporation)
THE GUARANTEE COMPANY OF NORTH AMERICA USA
. By:
Printed Name Printed Name Title
/ Elizabeth Marrero, Attorney-in-Fact
Claudette Alexander Hunt
(Provide Proper Evidence of Authority)
Printed Name
Henry Rivas
I6AL
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS
OF ❑ PHYSICAL PRESENCE OR ® ONLINE NOTARIZATION THIS DAY OF 07 / 21 / 2020
20 20 , by Elizabeth Marrero (NAME OF ACKNOWLEDGER) AS Attorney-in-Fact
(TITLE) OF THEGUARANTEECOMPANYOFNORTHAMERICAUSA(NAME OF COMPANY) WHO IS PERSONALLY KNOW TO
M E,1BM4 CSCM0004XXXXXXXXXXXXXXXXXXXXXXXXXXXX7K%M 6Q1 DC
Notary Public—State of Florida
(SEAL)
SEE ATTACHED
Printed Name Virginia Reinoso
16A2
SURETY ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of Florida
County of Miami-Dade
On •. • j before me, Virginia Reinoso, Notary Public, personally appeared
Elizabeth Marrero who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/arc subscribed to the within instrument and acknowledged to me that she
executed the same in her authorized capacity(ies), and that by her signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of Florida that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
1
Signature
Signature of Notary Public
010.14, Notary Public State of Florida
Virginia keirtoso
c. a My Commission GG 150814
No,or Expires 10/11/2021
l6A2
StTHE 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,Elizabeth Marrero 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 otherwises
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 Attorney(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 6th 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.
�pNTEEC IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its
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corporate seal to be affixed by its authorized officer,this 26th day of May,2020.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Jye
yORTh AMER��P Af411.44--
STATE OF MINNESOTA Paul J.Brehm,Senior Vice President Chad A.Anderson,Senior Vice President Specialty
Hennepin County
On this 26th day of May,2020 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 said Company.
IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Company of North America
ALISON DWAN NASH•?ROUI ?r USA offices the day and year above written.
d : x— i NOTARY PUBLIC•MINNESOTA •
My Commission Expires
0, January. 31,2025 4•11jSy>-1
I,Chad A.Anderson,Senior Vice President 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
JPRpNTEE
452 9 IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 21 st day of July 2029
O,� Jye
Chad A.Anderson,Senior Vice President Specialty