Agenda 06/22/2021 Item #16A10 (Release Performance Bond - Isles of Collier Preserve)06/22/2021
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$122,340 which was posted as a guaranty for Excavation Permit Number PL20180002133 for work
associated with Isles of Collier Preserve Parcel S, and a Performance Bond in the amount of
$52,184 which was posted as a guaranty for Excavation Permit Number PL20190002337 for work
associated with Isles of Collier Preserve Phase 14.
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 these securities has been inspected and the developer has
fulfilled his commitments with respect to these securities. The Performance Bonds were posted as
securities for Excavation Permits No. PL20180002133 and PL20190002337 associated with Isles of
Collier Preserve Phase 14. The As-Built lake cross sections have been received and the lakes have been
inspected on April 14, 2021 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. - DDP
RECOMMENDATION: To authorize the Clerk of Courts to release a Performance Bond in the amount
of $122,340, and a Performance Bond in the amount of $52,184. 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, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis - Parcel S (PDF)
3. Bond Basis - Phase 14 (PDF)
16.A.10
Packet Pg. 789
06/22/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 15973
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $122,340 which was posted as a guaranty for Excavation Permit Number
PL20180002133 for work associated with Isles of Collier Preserve Parcel S, and a Performance Bond in
the amount of $52,184 which was posted as a guaranty for Excavation Permit Number PL20190002337
for work associated with Isles of Collier Preserve Phase 14.
Meeting Date: 06/22/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
05/18/2021 12:46 PM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
05/18/2021 12:46 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 05/19/2021 1:53 PM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 05/21/2021 10:41 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 05/21/2021 6:19 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 05/24/2021 9:01 AM
Growth Management Department Trinity Scott Transportation Skipped 05/18/2021 3:36 PM
Growth Management Department James C French Growth Management Completed 05/25/2021 9:33 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 05/25/2021 10:16 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/25/2021 10:34 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/26/2021 11:18 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/01/2021 9:23 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 06/13/2021 10:21 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM
16.A.10
Packet Pg. 790
THE ISLES OF COLLIER PRESERVE PHASE 14
(FKA PARCEL S)
LOCATION MAP
16.A.10.a
Packet Pg. 791 Attachment: Location Map (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this ' 2 4 day of
2018 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 al 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. PL20180002133 (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 $122.340.00.
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 Manager 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 writing 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 Manager 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
security, shall be liable to pay and to indemnify the Board, upon completion of such
\L
3
4
5
6
16.A.10.b
Packet Pg. 792 Attachment: Bond Basis - Parcel S (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14)
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.
EOF
Minto munitie
oez
Brian Cale, Vice President
(Provide Proper Evidence of Authority)
SIGNED IN
Sign
Printed Na e
By
6-krr,e-L &
Printed Name
ATTEST:
OF
By:
Crystal Kinzel, CLERK
Clerk of the Circuit Court & ComptollerCollier County, Florida
to form and legality
Scott A. Stone
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COUNTY,FLORIDA4tuu
as designee of the County Manager
pursuant to Resolution No. 2015- 162
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.
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives tnis -\-flUay of (2Jokr ,2018.
el
16.A.10.b
Packet Pg. 793 Attachment: Bond Basis - Parcel S (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14)
€\t,L, ] "A
KNOWALL PERSONS BY THESE PRESENTS: thAt
PERFORNiIANCE BOND
FOR EXCAVATION WORK
Minto Communities, LLC
10150 Highland l/anor Drive, Suite 200
Tampa, FL 33610
RLI lnsurance Company
9025 North Lindbergh Drive
Peoria. lL 61615
(309) 692-1000
(hereinafter referred to as "Owner") and
(hereinafter
referred to
Hundred a
referred to as "Surety") are
as "County") in the total ag
nd Fortv and 00h00 Dolla
held and firmly bound unto Collier County, Florida, (hereinafter
gregate sum of One Hundred Twentv Two Thousand.Three
rs ($122.340.00) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bin
successors and assigns, jointly and severally, firmly by
d ourselves, our heirs, executors, administrators,
these presents. Owner and Surety are used for
singular or plural, as the context requtres.
THE CONDITION OF THIS OBLIGATTON is such that whereas, the owner has submitted for approval by
the Board a certain excavation permit no. PL2O18OOO2133; lsles of Collier Preserve Parcel S and
that certain excavation permit shall include specific improvements which are required by Collier County
Ordinances and Resoluiions (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
Regu lations'(hereinaftir the "Guarinty 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 incuried and shall fully indemnify and save harmless
ine 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 oblig;tion 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 oi deletion to the proposed specific improvements shall in
any riay atect its obligation on this Bond, and it does hereby waive notice of any such change, extension
of iime,'alteration, add-ition or deletion to the proposed specific improvements
PRoV|DEDFURTHER,thatitisexpresslyagreedthattheBondshallbedeemedamended
automatical|yandimmediately,Withoutformalandseparateamendmentshereto,soastobindtheowner
""Jtn" Srr6ty to the full andlaithful performance in accordance with the Land Development Regulations'
The term ,,Amendment,,' wherev;r ;seO in tfris Bond, and whether referring to this Bond, or other documents
shall include any alteration, addition or modification of any character whatsoever'
lNWlTNESSWHEREoF,thepartiesheretohavecausedthiSPERFoRMANcEBoNDtobeexecuted
this 28th day of Septem
[1s-rDs-01664/1153600/1]
er. 2018
Bond No. CM50288394
16.A.10.b
Packet Pg. 794 Attachment: Bond Basis - Parcel S (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14)
WITN ESSES
Printed Name OQ\,LY Lu'K-
Printed Name /YlotWneD
STATE OF
COUNTY OF
Minto Communities, LLC
By
iam CostelloLi
V. P. of Finance
Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGEM ENT
TH REGOING PERFORI\4 ANCE BOND WAS ACKNOWLE
(NAME OF ACKNOWLEDGER)rrfl BEFORE MET\-o HIF
,20 B
AS (TITLE)OF (NAI\4E OF COMPANY)Minto Com
PERSONALLY KNOWN TO I\4E, OR HAS PRODUCED
munities, LLC WHO lS
AS IDENTIFICATION
Notary Public - State of
nted Name A\rc,
(SEAL)
o ra-_
RLI lnsurance CompanYWITNES'E
J,f,.l{,-!-
ted Name, J ie Reinoso
WHO IS PERSONALLY KNOW
Notary Public - State of Florida
.-*-J.l
Printed Name,
l4-EtS-02650/7
am
By:Ap.
Cla udette Alexander H unt. Attornev -in-Fac1:
!a
.sPrinted Name, Nicole Pa neque
ACKNOWLEDGI\iIENT
STATE OF Florida
COUNTY OF Miami-Dade
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 28th DAY OF
September,2018,BY Clau e Ale nder H AS Attornev in Fact OF Ll lnsu nce C an
Printed Name/Title
(Provide Proper Evidence of Auth6rityi:;"i":i,.,.,..-,..,..^.
N TO I\4E, OR HAS PRODUCED n/a AS IDENT IFICATION
CAMILLE M.CRUZ
commission # GG 112026
Exoiles August 5, 202'l
Bond.d flE Budg.t lobry Ssrlc€s
atJ\CC
,lc
AUC
a31194
Y 2C2Aebir,P.XP
crded
[1s LDs 01664/11s3600/1]
Ctuz
iffi]
(SEAL)
OF
M a
Fr-"t,sA
16.A.10.b
Packet Pg. 795 Attachment: Bond Basis - Parcel S (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14)
RLI'RLI Surety
9025 N. Lindbergh Dr. I Peoria, IL 61615
Phone: (800)645 -2402 | F ax: (309)689-2036
www.rlicorp.com
POWEROFATTORNEY
RLI Insurance Company
Know All Men by These Presents:
That this Power of Attomey is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving ofEcer if desired.
That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint:
Claudette Alexander Hunt. Camille Marie Cruz. Jacqueline Jordan HamDton. iointlv or severally
in the City of Miami State of Florida its true and lawful Agent and Attomey 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 Attomey 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 Attomey 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 Attomey 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
corporate seal affixed this 14th day of March ,
-M-.RLI Insurance Company
Vice President with its
ooRPohr16.6l a-
rsn By:
State oflllinois
County ofPeoria )SS
Barton W. Davis
CERTIFICATE
Vice President
Vice President
On this l4th day of March , 2016 , before me, a Notary Public,
personally appeared- Barton W. ,Davis. , who- being by me duly^sworn,
ictnowteOg6d that heslgned the above Power of Attorney as. the aforesaid
officer of tIe RLI Insurance Company and acknowledged said instrument to
be the voluntary act and deed of said corporation.
Jr Notary Public
lr-
M. Bockler
PUALrc
r "OFFICIAL SEAI"
' JoceuELrNE M. BoCKLER
coMMlssloN ExPIRES 01/14/18
By:
0955690020212
By:
Barton W. Davis
qs
A0058514
I, the officer of RLI Insurance
State of Illinois, do
Power of is in full force
that Resolution
Power of ls now ln
as
that
a stock
attached
irrevocable; and
set forth in the
I have
'-a
16.A.10.b
Packet Pg. 796 Attachment: Bond Basis - Parcel S (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14)
10t14t2018 Detail by Entity Name
Drv sroN oF CoRPoRATtoNs
z'[,lr,org rt ,j
r-.ti2r-,t j'-i'iL r-tl')
--*'i*.
Oepaftled._atsEle / Div,sion ol Corpglalials / Search Records / Dotail By_oOclEgntL&Ilber /
Detail by Entity Name
Florida Limited Liability Company
IVIINTO COMMUNITIES, LLC
Filing lnformation
Document Number L05000074120
FEI/EIN Number 32-0155666
Date Filed 0712712005
State FL
Status ACTIVE
Last Event CORPORATE MERGER
Event Date Filed 1212712013
Event Effective Date 1213112013
Princip3l_llltuess
44OO W SAMPLE ROAD
SUITE 2OO
COCONUT CREEK. FL 33073
Changed: 0411512010
Mailing Address
44OO W. SAi,4PLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
Changed: 0411512010
Eegistered Agent Name & Address
BELMONT, MICHAEL J
44OO W SAMPLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
Name Changed: 01 127 12011
Address Changed: 041 1 512010
Authorized Person(9) Detail
Name & Address
Title PRES
http://search.sunbiz.org/lnquiry/Corporationsearch/S€archResuttDetail?inquirytype=EntityName&directionType=lnitial&searchNemeOrder=MINTOCO 1t3
16.A.10.b
Packet Pg. 797 Attachment: Bond Basis - Parcel S (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14)
10t18t2018 Detail by Entity Name
BELMONI MICHAEL J
44OO W. SAMPLE ROAD, SUITE 2OO
COCONUT CREEK. FL 33073
Title VP
CARTER, JOHN F
44OO W. SAMPLE ROAD, SUITE 2OO
COCONUT CREEK, FL 33073
Title DIVISION PRES.
BULLOCK, WILLIAM L
44OO W SAMPLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
TitIE SR.VP
SVOPA, STEVEN M
44OO W. SAMPLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
Title VP
COSTELLO, LILLIAM
44OO W. SAMPLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
Title VP
CALE, BRIAN
44OO W. SAMPLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
Annual Rep!i!s
Report Year
2017
2018
2018
Filed Date
01t05t2017
03t2712018
05t24t20't8
Document lmaggl
O5/24l2018 - AMENDED ANNUAL REPORT
O3/27l2018 - ANNUAL REPORT
O8/25l2017 - AMENDED ANNUAL REPORT
O1/05/2017 . ANNUAL REPORT
03/03/2016 - ANNUAL REPORT
O1/0712015 - ANNUAL REPORT
View image in PDF format
\4ew image in PDF format
View image in PDF fomat
Vi6w image in PDF format
Vi6w image in PDF format
View image in PDF format
httpJ/search.sunbiz.org/lnquiry/Corporationsearch/SearchResultDetail?inqui'ytype=EntityNam
e&directionType=lnitial&searchNameOrder=MINTOCO " 213
16.A.10.b
Packet Pg. 798 Attachment: Bond Basis - Parcel S (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this lf l-A aay ot
November,2019 between Minto Communties, 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. PL20190002337 (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:
Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $52.184.00.
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 Manager 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 writing 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.
4
5
o.ln the event 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 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
1.
2.
J.
16.A.10.c
Packet Pg. 799 Attachment: Bond Basis - Phase 14 (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14)
7
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.
ESENCE OF:
(Name of Entity)
\rt,By
IERRIE L. GREY
MY COMMISSIoN # FF S490fl
ExPtREsi& r7,2oMichael J Belmont
eod.. luu 8ude6r NorarypESident
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this /f lL day of Nuaftia ts FA,20i!+.
SIGNE
Sig
r(
Printed ame
-&rn<-L&<v
Print"o rl"n "f<rl eL&.V
^rrEsr'r/^ "ru7"1,,r4
Crystal K. Kinzel, CLERK
By:
Clerk ofthe Circuit Court & Comptroller
Collier County. Florida
App as to form and legality:
Sally Ashkar
BOARD OF COUNTY COMMISSIONERS
CO RIDA
LUq4
as designee ofthe County Manager
punuant to Resolution No. 2015-162
OF
By
7
Assistant County Attorney
t,
sisnr{z
COUNTY,
16.A.10.c
Packet Pg. 800 Attachment: Bond Basis - Phase 14 (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14)
Irlo 4
BOND NO 80183490
KNOW ALL PERSONS BY THESE PRESENTS: that
Minto Communities, LLC
4400 W. Sample Road, Suite 200
Coconut Creek, FL 33073
(hereinafter referred to as "Owner") and
The Guarantee Company of North America USA
One Towne Square, Suite 1470
Southfleld, Ml 48076
(248]-281-0281
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referredtoas,,County,,)inthetotalaggregatesumofDollars
($52,184.00) in lalvful 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, .lointly and severally, firmly by
these presents. Owner and Surety are used for singular or plural, as the conte)d requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the
Board a certain excavation permit no. PL20190002337 lsles of Collier Preserve Phase 14 and that certain
excavation permit 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 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, exitension of time, alteration, addition or deletion to the proposed speciflc 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 7th day of November. 2019.
PERFORI\4ANCE BOND
FOR EXCAVATION WORK
[15-tDS-01664/11s3600/1]
16.A.10.c
Packet Pg. 801 Attachment: Bond Basis - Phase 14 (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14)
WITN ESSES
Pri Name c
Printed Nam DA.UN SIdDMORU
THE F REGOI
OF 20 tg ,BY NAM E OF ACKNOWLEDGER)
AS (TITLE)
Minto Communities, LLC
Lilliam Costello
V. P. of Finance
Printed Name/Title
(Provide Proper Evidence of Authority)
OF (NAME OF COMPANY) Minto
NALLY KNOWN T/E, OR HAS PRODUCED
The Guarantee Company of North America USA
By
"]^
G PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS , T' -DAY
Communit
AS IDENTIFICA ON
Notary Public - State of
(SEAL)
*,,- R";ni.-
Pnnted Nffit
NESSES
Printed Name, Anne Potter
-faa,u/t.,-/cz"U"
.,J
Printed Name, Mary Lynn Padilla
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IFrances Rodriou , Attornev-in-Fact
Printed Name/Title
(Provide Proper Evidence of Authority)
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ACKNOWLEDGMENT
STATE OF NEW YORK
COUNTY OF NEW YORK
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 7th DAY OF
November. 2 019, BY Frances Rodriquez AS Attornev-in-Fact OF The Guarantee Companv ol North
America USA WHO lS PERSONALLY KNOWN TO ME
IDENTIFICATION.
Notary Public - State of New York
Printed Name, Mary L. Padilla
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MYCOMMISSION#GG 115943
EXPIRES: October 17, 2021
KIM RAINIER
Eonded Thru Notary Public Urder*dtors
MABY L PADILLA
Notary Public, State of NewYork
No. 01 PA6370160
Qualif ied in NewYork County
commGiion Lxpires January 29,i\ED
, OR HAS PRODUCED n/a AS
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ACKNOWLEDGEMENT
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16.A.10.c
Packet Pg. 802 Attachment: Bond Basis - Phase 14 (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14)
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man, Secretary ot THE GUARANTEE COMPANY OF NORTH
E GUARANTEE COMP
The Guarantee Company of North America USA
Southfield, Michigan
C./ ^-a-; A. fa-,a-.-/
A,{ERICA USA, do hereby certify that the above and foregoing as a true
ANY OF NORTH ArrlERlCA USA, which is still in full force and effecl.
attached the seat of said company this 7th day of November,2019
GUARANTEE'
POWER OF ATTORNEY
K OW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporalion organized and existing under the
laws of the State of l\4ichigan, having its principal office in Southfield, l\rtichigan, does hereby constitute and appoint
Cynthia Farrell, Sandra Diaz, Debra A. Deming, Anne Potter, Nancy Schnee, Tina McEwan, Peter Healy, Franc€sca KazJrtierczak,
Jennifer Jakaitis, Aklima Noorhassan, Susan A. Welsh, Frances Rodriguez
Aon Risk Services Northeast, lnc
its true and lawful attomey(s)-in-fact to execute, sealand deliver for and on its behalfas surety, any and all bonds and undertakings, conkacts of indemnity
and other \4ritings obligatory in the nature thereot wfiich are or may be allowed, required or pemitted by law, statute, rule, regulation, contract or otheMise-
The execution of such instrument(s) in pursuance ofthese presents. shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA
as fully and amply, to all intents and purposes, as ifthe same had been duty executed and acknowiedged by its regulady elected officers at the principal
offce-
The Power of Atlorney is executed and may be certified so, and may be rcvoked, pursuant to and by aulhority of Article lX, Section 9.03 of lhe By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA al a meeting held on the 31't day of December, 2003.
The President, or any Vice Presidenl, acting with any Secretary oa Assistant Secretary, shall have power and authority:
1. To appoint Attorney(s)-in-fact, and to authorize them lo execute on behalf of lhe Company, and a(ach the Seal of the Company therelo, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereot; and
2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
3. ln connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby gjven to the
Attomey,in,Fact includes any and all consents forthe release ofretained percentages and/or 1lnal estimates on engineering and construction contracts
required by the State of Florida Department ofTransportation. lt is fully understood that consenting to the State ofFlorida Depa(ment ofTransportation
making payment ofthe flnalestimate to the Contractor and/or its assignee, shall not relieve this surety company ofany of its obligations under its bond.
4. ln connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the po\4er and authority hereby given to the
Attomey-in-Facl cannot be modified or revoked unless prior lwitten personal notice of such intent has been given to the Commissioner - Department
of Highways of the Commonwealth of Kentucky at least thirty (30) days prjor lo the modification or revocation.
Further, this Povier of Attorney is signed and sealed by tacsimile pursuant to resolution of lhe Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 20'11, ofwhich the following is a true excerpt:
RESOLVED that the signalure of any authorized officer and the sealofthe Company may be amxed by facsimile to any Po$€r of Attomey 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 afiixed.
lN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affxed by its authorized officer, this 1st day of March, 2018.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
@,r%-il-
Stephen C. Ruschak, Chief Executive Officer Randall Musselman, Secretary
On this 'lst day of lvlarch, 2018 before me came the individuals lvho executed the preceding instrument, to me personally know), and being by me duly
swgm, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal alfixed to said
instrument is the Corporate Seal ofsaid Company;that the Corporate Seal and each signature,./ere duly affxed by order of lhe Board of Directors of said
Company.
Cynthia A. Takai
Notary Public, State ot Michigah
Couhty of Oakland
My Commlsslon Expires Februory 27, 2024
Actlng in ooklond county
lN WTNESS WHEREOF, I have hereunto set my hand at The cuarantee
Company of North tunerica USA offic€s the day and year above witten.
STATE OF MICHIGAN
County of Oakland
l, Randall Mussel
and correcl copy
reunto sel my hand and
Randall Muss6lman, Secretary
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16.A.10.c
Packet Pg. 803 Attachment: Bond Basis - Phase 14 (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14)
11t20t2019 Detail by Entity Name
DtvrstoN oF CoRPoRATtoNs
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Dutit,u; r.[(j
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Depj-dDCIl9lslalg / Drvision of Corpglalels / Search Records / Oetarl By:opCu!0glLNll0ber /
Detail by Entity Name
Florida Limited Liability Company
MINTO COMMUNITIES, LLC
Filing lnformation
Document Number L05000074120
FEUEIN Number 32-0'155666
Date Filed 0712712005
State FL
Status ACTIVE
Last Event CORPORATE MERGER
Event Date Filed '1212712013
Event Effective Date 1213112013
Principal-]k&[ess
44OO W. SAMPLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
Changed: 0411512010
Mailing Address
44OO W, SAMPLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
Changed: 0411512010
Eegistered Agent Name & Address
BELMONT, MICHAEL J
44OO W. SAI\,4PLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
Name Changed: 0112712011
Address Changed: O4l 1 51201 0
Authorized Person(q)_Ddai!
Namo & Address
Title PRES
search sunbiz'org/lnquiry/corporalionsearch/searchResultDetail?inquiry.type=EntityName&dtectionType=lnitial&searchNameorder=l\flNTocol\4MU
16.A.10.c
Packet Pg. 804 Attachment: Bond Basis - Phase 14 (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14)
11t2012019
r-
Detail by Entity Name
BELMONT, MICHAEL J
44OO W. SA[,4PLE ROAD, SUITE 2OO
COCONUT CREEK, FL 33073
Title VP
CARTER, JOHN F
44OO W SAMPLE ROAD, SUITE 2OO
COCONUT CREEK, FL 33073
Title DIVISION PRES.
BULLOCK, WILLIAT,4 L
44OO W SAMPLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
TitIE SR,VP
SVOPA, STEVEN M
44OO W. SAMPLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
Title VP
COSTELLO, LILLIAIVI
44OO W. SAMPLE ROAD
SUITE 2OO
COCONUT CREEK. FL 33073
Title VP
CALE, BRIAN
44OO W, SAMPLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
Annual Repglls
Report Year
2018
2018
2019
Filed Date
03t27t2018
05t24t2018
03t20t2019
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o3lo3/20t6 - a NUAL REPORT View image in POF format
Document lmaggs
03/20/2019 - ANNUAL REPORT
O5/24l2018 - AMENDED ANNUAL REPORT
03/2712018 - ANNUAL REPORT
O8/25l2017 - AMENDED ANNUAL REPORT
O1105/2017 - ANNUAL REPORT
search.sunbiz.org/lnquiry/CorporationSearch/SearchResultOetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=MINTOCOMI\4U
2t3
16.A.10.c
Packet Pg. 805 Attachment: Bond Basis - Phase 14 (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14)