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Backup Documents 11/09/2021 Item #16A 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents lire to be forwarded to the County Attorney Omer al the lime the item is placed on the agenda. All completed routing slips and original documents oust he received in the County Attorney'(Rice no loci 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 M 4. BCC Office Board of County r T `,:xi. Commissioners k /s_f iaf 124 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Lucia S. Martin Phone Number x-2279 Contact/ Department Agenda Date Item was 11/09/2021 ,/ Agenda Item Number I6.A.6 Approved by the BCC Type of Document Plat,Joinder and Consent, Supplement Number of Original 4 Attached Declaration, ,/ Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) Does the document require the chairman's original signature? 54aii,i U pt� ly' 2. Does the document need to be sent to another agency for additional signatures? If y s, 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. LM 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 LM 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 LM 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 11/09/2021 and all changes made N/A is not during the meeting have been incorporated in the attached document. The County iJ( an option for Attorney's Office has reviewed the changes,if applicable. this line. 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 D�( an option for Chairman's signature. this line. 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 16A 6 DOCUMENTS TO BE RECORDED IN CONCERT WITH THE PLAT MYLAR 1 6 A 6 This instrument prepared without opinion of title by,and after recording return to: Francesca Passidomo,Esq. Coleman,Yovanovich&Koester. P.A. 4001 Tamiami Trail,Suite 300 Naples,Florida 34103 MORTGAGEE CONSENT TO PLAT ISLES OF COLLIER PRESERVE-PHASE 16 The undersigned, Regions Bank, an Alabama state chartered bank("Mort2a2ee"), the owner and holder of that certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing, from SD ICP, LLC, a Florida limited liability company, to Regions Bank, dated December 17, 2018, and recorded December 19, 2018, in Official Records Book 5582, Page 3910, as modified by that certain Mortgage Spreading and Modification Agreement dated July 1, 2019, recorded July 2, 2019, in Official Records Book 5648, Page 1557, as further modified by that certain Mortgage Spreading and Modification Agreement dated June 24, 2021, recorded July 8, 2021, in Official Records Book 5977, Page 3939, all of the Public Records of Collier County, Florida(collectively, the "Mortgage"), upon all or a portion of that certain real property ("Property") more particularly described on the Plat of Isles of Collier Preserve Phase 16("Plat"), recorded on or about the date hereof in the Public Records of Collier County, Florida. By execution hereof, Mortgagee does hereby join in and consent to the dedication of the Property by the owner under the Plat, and agrees that its Mortgage shall be subordinated to the dedications and matt s own thereon Witn s -)422tYc MORTGAGEE REGIONS BANK, Print Name: 44e an Alabama state chartered bank �' By• - -- = .‘ ..—__— Witness Print Name: SNariviblA ,' Title: L 1' Print Name: \,S,,,,,, ,,`S .,\ STATE OF FLORIDA } r' } ss. COUNTY OF \�vo:X } The foregoing instrument was acknowledged before me by means of[l( ] physical presence, or [ ] online notarization, this 111 day of October, 2021, by e_Aryzi,Invy, cthollet k , as Vlt,t iltS16114 of Regions Bank, an Alabama state chartered bank, on behalf of said bank, who is [ X ] personally known to me, or [ ] has produce as identification. [SEAL] i -►.a:r- N tC1Yy P IC MICHAELJ.LOBERGER rint Name: , :L—i , e Q C--` . .,Ak, 1.1 MY COMMISSION 4 HH 084738 ornmission Expires:_ 3 /I - � ;' EXPIRES:March 11,2025 %'f os r t," gamed Thou Notary,Pubic Underwriters MORTGAGEE CONSENT TO PLAT I 6 A 6 This instrument prepared without opinion of title by,and after recording return to: Francesca Passidomo,Esq. Coleman,Yovanovich&Koester,P.A. 4001 Tamiami Trail,Suite 300 Naples,Florida 34103 MORTGAGEE CONSENT TO PLAT ISLES OF COLLIER PRESERVE—PHASE 16 The undersigned, CDC Land Investments, Inc., a Florida corporation ("Mortgagee"), the owner and holder of that certain Contingent Mortgage and Security Agreement dated December 27, 2012, recorded December 28, 2012 in Official Records Book 4870, Page 373, First Amendment recorded in Official Records Book 5169, Page 3809, and Second Amendment recorded in Official Records Book 5755, Page 2214, all of the Public Records of Collier County, Florida (collectively, the "Mortgage"), upon all or a portion of that certain real property ("Property") more particularly described on the Plat of Isles of Collier Preserve Phase 16 ("Plat"), recorded on or about the date hereof in the Public Records of Collier County, Florida By execution hereof, Mortgagee does hereby join in and consent to the dedication of the Property by the owner under the Plat, and agrees that its Mortgage shall be subordinated to the dedications and matters shown thereon. WITNESSES: MORTGAGEE: r _U L..Q� CDC LAND INVESTMENTS,INC. ` ( a Florida corporation Print Name: V 1 c)tr4 //J� 2 By: Print Name: LC ,t 1 l' C' rfk,;- Print Name: t?q-Te cx. L.Uttti2, Title: \h4.e QkrcS�t�ENr STATE OF FLORIDA } } ss. COUNTY OF COLLIER } / The foregoing instrument was acknowledged before me by means of[ ✓ ] physical presence, or [ ] online notarization, thiss \�'- day of Qc�roa _ , 2021, by ciArT icic. l.-• v-vet. , as V tc ()arc('t.0€13 of CDC Land Investments, Inc., on behalf of said corporation, who is [ V] personally known to me, or [ ] has produced as identification. [SEAL] c Notary Publi lioriaralhaieraharalwamoardll A ,'kY Pt, Valerie L Pike I Print Name: VAteLiE `_Q1 _ � .)G..Commission#HH 32134 I Commission Expires: Al ci 1 ao>y ,r Commission Expires 08-17-2024 '° Bonded Through-Cynanotary 1 ' ✓I NOW, Florida-Notary Public MORTGAGEE CONSENT TO PLAT 2021 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED 16 A 6 DOCUMENT# 152227 Apr 12, 2021 Entity Name: CDC LAND INVESTMENTS, INC. Secretary of State 9727707676CC Current Principal Place of Business: 999 VANDERBILT BEACH RD.#507 NAPLES, FL 34108 Current Mailing Address: 999 VANDERBILT BEACH RD. #507 NAPLES, FL 34108 US FEI Number: 59-0581693 Certificate of Status Desired: No Name and Address of Current Registered Agent: DRUMM,THOMAS J 999 VANDERBILT BEACH RD.#507 NAPLES, FL 34108 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: THOMAS J. DRUMM 04/12/2021 Electronic Signature of Registered Agent Date Officer/Director Detail : Title DIRECTOR Title VP Name WALTON,ROBERT A. Name UTTER,PATRICK Address 999 VANDERBILT BEACH RD.#507 Address 999 VANDERBILT BEACH RD.#507 City-State-Zip: NAPLES FL 34108 City-State-Zip: NAPLES FL 34108 Title DIRECTOR,PRESIDENT Title VP,SECRETARY,TREASURER, PASTOR Name SPILKER,CHRISTIAN M. Name DRUMM,THOMASJ. Address 999 VANDERBILT BEACH RD.#507 Address 999 VANDERBILT BEACH RD.#507 City-State-Zip: NAPLES FL 34108 City-State-Zip: NAPLES FL 34108 Title DIRECTOR Title VP Name ZUNDEL,ROBERT C.JR. Name PERCIVAL,WILLIAM Address 999 VANDERBILT BEACH RD.#507 Address 999 VANDERBILT BEACH RD.#507 City-State-Zip: NAPLES FL 34108 City-State-Zip: NAPLES FL 34108 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:THOMAS J. DRUMM VICE PRESIDENT 04/12/2021 Electronic Signature of Signing Officer/Director Detail Date 1 6 A 6 Return to:(enclose self-addressed stamped envelope) Angela Tompkins.Paralegal Greenspoon Marder LLP 515(1 North Tamiami Trail Suite 502.Newgate Tower Naples.FL 34103 This Instrument Prepared by: Mark F.Grant.Esq. Greenspoon Marder LLP 515(I North Tamiami Trail Suite 502.Newgate Tower Naples,FL 341(13 (239)659-1 103 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 9A day of Novox , 2021, 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 and joined in by SD ICP, LLC, a Florida limited liability company ("Parcel T Developer"), 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 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 1 471(13475v I MIADOCS 23101985 I 1 6 A 6 WHEREAS, the Master Association is joining in this Supplemental Declaration to acknowledge its maintenance responsibilities described herein; and. WHEREAS, Parcel T Developer has purchased the Additional Property from Declarant and Parcel T Developer, and not Declarant, will be the developer of the Additional Property and is joining in this Supplemental Declaration as the owner thereof and to acknowledge its responsibilities as the developer of the Additional Property; 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-1", "L-1", "L-2", "L-3", "0-1", "0-2", "0-3", "0-4", "0-5", "0-6", and all Drainage Easements (D.E.), Lake Maintenance Easements (L.M.E.), Access Easements (A.E.), Landscape Buffer Easements (L.B.E.), and 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. Parcel T Developer has the right to create a separate association to govern the Additional Property and, in connection therewith,to record a declaration of covenants, conditions and restrictions or other similar instrument (a"Neighborhood Declaration")against the Additional Property. Prior to recording the Neighborhood Declaration(and each material amendment or other 2 47103475v1 MIADOCS 23101988 1 1 6 A 6 modification thereto), Parcel T Developer shall provide a copy thereof to Declarant for review and approval. Declarant may not unreasonably withhold its approval of such Neighborhood Declaration or amendment. Promptly after recording the Neighborhood Declaration and each amendment or other modification thereof, Parcel T Developer shall deliver a copy thereof to Declarant and the Master Association. 7. Notwithstanding anything contained in the Master Declaration to the contrary, the Additional Property, including without limitation, the infrastructure therein, were built by Parcel T Developer and not Declarant (the "Developer Improvements"). Parcel T Developer was responsible for arranging, constructing and/or installing the Developer Improvements to further development of the Lots and building of the Homes within the Additional Property. By the Master Association's acceptance of title to any portion of the Developer Improvements and an Owner's acceptance of title to any Lot, the Master Association and each Owner shall be deemed to have automatically agreed to hold harmless and indemnify Declarant from any loss, claim, cause of action, damage or liability arising from, relating to or in any way connected with the Developer Improvements including, without limitation, Legal Fees. Additionally,the Master Association and each Owner acknowledge and agree that neither Declarant, nor any of its Affiliates, are a builder of any Homes within the Additional Property, they do not warrant or guarantee the capabilities of Parcel T Developer, nor do they warrant or guarantee the design, engineering, construction, use, benefits or value of the Additional Property or the performance of any obligations of Parcel T Developer. 8. 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. 3 47103475v1 MIADOCS 23101988 1 164 b IN WITNESS WHEREOF, Declarant has executed this Supplemental Declaration on the day, month and year first above written. WITNESSES: MINTO SA L BAY, LLC, a Florida i d liability company By: Printed me: 'rl' JOHN CAR R, Vice Pr en hie( Printed Name: VAieteithric, STATE OF FLORIDA COUNTY OF 1:;i.k1t-r, (t(*v 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 JOHN CARTER, as Vice President of MINTO SABAL BAY, LLC, a Florida limited liability company, by means of El physical presence or ❑ online notarization, who is personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of 1,1r).4 , 2021. "(iv /2)/i` Care Notary Public N�t�cm_ah Mc.C urt-v-, Typed, printed or stamped name of Notary Public My Commission Expires: HANNAH NICHOLE MCCARTNEY ' r �` Notary Pubic-State of Florida •'• Commission GG 329610 !F;.0Q My Comm.Exares May 1,2023 Bonded through National Notary Assn. 4 47103475\I MIADOC'S 2310198N I 16A 6 JOINED IN BY: ISLES OF COLLIER PRESERVE PROPERTY OWNERS ASSOCIATION. INC.. a Florida not-for-profit corporation W4003U2-est4 By: Signature MICHAEL B. ELGIN. President COl,teen -ttarri S Printed Name u'I UPI. (CORPORATE SEAL) Signature )V a►n c.ut Um. Eus kA r cc, Printed Name STATE OF FLORIDA COUNTY OF ) 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 instniment was acknowledged before me by MICHAEL B. ELGIN. as President of ISLES OF COLLIER PRESERVE PROPERTY OWNERS ASSOCIATION. NC.. a Florida not-for-profit corporation. by means of El physical presence or E online notarization, who is personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this 9 day of Alen.br✓,-. 2021. N r Public J • uvrc-5- A. btoi--Ahcz SKi Typed, printed or stamped name of Notary Public My Commission Expires:Ape;/ "'"": ; JUUE A.DANIELEWSKI • •, ;,; MY COMMISSION 8 GG 964387 EXPIRES:April 6,2024 PoYF�°.; Bolded Thru Notary Public Underwitais I l 47103475N-1 \ILADOCS 231019S8 1 1 6 A 6 JOINED IN BY: SD ICP, LLC, a Florida limited liability company • L .j71) 0>l D� By: 2":"1/(14-1---1 Si re Printe ale: 6/2,541,I Jac t�-- ��� Title: '2Y�a Printed Name Si r t�c�r r,v.lcc� ctia . ( Printed Name STATE OF S4 ) ) SS: COUNTY OF Ca .QA) ) 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 ackn wledged before me by means of 0 physical presence or ❑ online notarization, by �D 4 9rA) , as 01420-.46 of SD ICP, LLC, a limited liability company, wh known mg or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this JEW day of O , 2021. )ek 51r116eg- °.`'•. JUDITH M SEALE I Notary blic ` Notary Pubic-State of Florida „gij Commission#HH 046417 6FR My Comm.Expires Sep 28,2024 Bonded through National Notary Assn. p `, (kr.f ,c / (; Typed, printed or stamped name of Notary Public My Commission Expires: 6 47103475v1 MIADOCS 23101988 1 16A 6 EXHIBIT "A" Legal Description of Additional Property ALL PROPERTY SHOWN ON THAT CERTAIN PLAT OF ISLES OF COLLIER PRESERVE PHASE 16, RECORDED IN PLAT BOOK , PAGES THROUGH , OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT ANY PROPERTY DEDICATED TO THE PUBLIC. 7 47103475v1 MIADOCS 23101988 1 16A b 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 Second Amendment recorded in Official Records Book 5755 page 2214,Public Records of Collier County,Florida;and also as holder of that certain Financing Statement Form UCC-1 recorded December 28,2012 in Official Records Book 4870,Page 402, and UCC-3 Financing Statement Amendment recorded in Official Records Book 5464 page 2646, all of the Public Records of Collier County, Florida, which encumber the Property as defined in the foregoing Supplemental Declaration to add Phase 16 (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 Out-k.. @I ___—• Florida corporation Print Name: v (Ac1L By: Print Name: EL, c �0 c-c*; �--I"l Patrick L. Utter,Vice President STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by PATRICK L. UTTER, as Vice President of CDC LAND INVESTMENTS, INC., a Florida corporation, by means of Q physical presence or El online notarization, 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 I ' day ofg,ef._ , 2021. (..)(A....-„,(tA 0 .......••••---1. Notary Public, State of Florida at Large 4 4pRY P`0 Valerie L Pike I i i \ Commission tl HH 32134 m� " Commission Expires 08.17.2024 ( Qptuze:w 1 '�,p bonded Through-Cynanotary ( t�i a;,:° Florida•Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: 8 47103475v1 MIADOCS 23101988 1 1 6 A. 6 MORTGAGEE JOINDER AND CONSENT TO DECLARATION Regions Bank, an Alabama state chartered bank, ("Mortgagee"), the owner and holder of that certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing, from SD ICP, LLC, a Florida limited liability company, to Regions Bank, dated December 17, 2018, and recorded December 19, 2018, in Official Records Book 5582, Page 3910, as modified by that certain Mortgage Spreading and Modification Agreement dated July 1, 2019, recorded July 2, 2019, in Official Records Book 5648, Page 1557, as further modified by that certain Mortgage Spreading and Modification Agreement dated June 24, 2021, recorded July 8, 2021, in Official Records Book 5977, Page 3939, all of the Public Records of Collier County, Florida(collectively,the"Mortgage") By execution hereof, Mortgagee does hereby join in and consent to the Declaration of Covenants, Conditions and Restrictions for Isles of Collier Preserve recorded September 30. 2013, in Official Records Book 4970, Page 845, and Amendments and/or Supplements thereto recorded in Official Records Book 5001, Page 1457, Official Records Book 5015, Page 217, Official Records Book 5090. Page 2513, Official Records Book 5084, Page 1356, and in Official Records Book 5084, Page 1361, Official Records Book 5112, Page 3021, Official Records Book 5112, Page 3026, Official Records Book 5162, Page 571, Official Records Book 5228, Page 3540, Official Records Book 5261, Page 1168. Official Records Book 5309, Page 1024, Official Records Book 5353, Page 530; Official Records Book 5376 page 1006; Official Records Book 5541 page 1884 and Official Records Book 5541 page 2072; and Supplemental Declaration to the Declaration of Covenants Conditions and Restrictions for Isles of Collier Preserve recorded on or about the date hereof, as may be further amended, of the Public Records of Collier County, Florida(collectively, the "Declaration"). Signed this 7 day of October,2021. .411111. �_ ;�! -- MORTGAGEE Wi es VP' REGIONS BANK. Print( me: (�/, '� :,�= c..�. 7. an Alabarrla state chartered bank 1 By: 1,1, Wi less Print Name: "v;+11,1011 41,C Title: V (e Print Name"" N STATE OF FLORIDA } } ss. COUNTY OF DA4r } The foregoing instrument was acknowledged before me by means of[1( ] physical presence, or [ ] online notarization, this lw day of October, 2021, by 9.K,yw ot,‘ ' uvlie( t as 11,(,Z We-51 cL ►i.- of Regions Bank, an Alabama state chartered bank, on behalf of said bank, who is [X ] personally known to me, or [ ] has produc as identification. lrF�rl., ::�� `• MICHAEL J.LOBERGER otary u lie ;�; ,•, :.. MY COMMISSION#HH084738 Pri ame:_ ate..--i. fe EXPIRES:March 11,2025 ��.,: Commission Expires: 3/, Za �fOs f��P`. Bonded T1N11 Public Ur1d8IW111lB / 1 6 A 6 • PL20210003009 REV 1 Isles of Collier Preserve Phase 16 (PR) 2800 North Horseshoe Drive Begin- 11-16-2021Colter Co Naples, Florida 34104 Growth Management[ End- 239-252-2400 Application for rim rceuuiur,m, (PR) LDC Section 10.02.04 F. Chapter 5 G. of the Administrative Code APPLICANT CONTACT INFORMATION Name of Owner: SD ICP, LLC Name of Applicant (if different than owner): Brian Stock, Manager Address: 2639 Professional Circle#101 City: Naples State: FL ZIP: 34119 Telephone: 239-449-5221 Cell: Fax: E-Mail Address: Rking@stockdevelopment.com Name of Agent: Julie Danielewski. Project Manager Firm: Barraco and Associates. Inc. Address: 2271 McGregor Blvd..Suite 100 City: Fort Myers State: FL ZIP: 33901 Telephone: (239)461-3170 Cell: Fax: (239)461-3169 E-Mail Address: JulieD@Barraco.net Original PPUPPLA/FP/AR #: PL20210000695 Original Name: Isles of Collier Preserve Phase 16 SUBMITTAL REQUIREMENT CHECKLIS1 At time of submittal. the checklist is to be completed and submitted with the application packet. See Chapter 5 of the Administrative Code for submittal requirements. Incomplete submittals will not be accepted. Requirements for Review Required if q Applicable Completed Application (Download Current Form from County Website) X Construction and Maintenance Agreement X Performance Bond with Opinion of Probable Cost X Original Mylar of the Final Subdivision Plat X 03/19/2020 Page 1 of 3 16A 6 colter County 2800 North Horseshoe Drive Naples, Florida 34104 Growth Management Department 239-252-2400 SUBMITTAL REQUIREMENT CHECKLIST Con't Requirements for Review Required if q Applicable Surveyor's certification that the Mylar contains no revision from the most X recent version of the Final Subdivision Plat approved by the Board of County Commissioners Original Title of Opinion from an Attorney licensed to practice in the State X of Florida no more than 30 days old Joiner and Consent of Mortgagee X Property Ownership Disclosure Form X Documentations of any dedications. grants. conveyances. easements, X consents (including mortgagee consents). reservations. covenants, or other like instruments are to be recorded simultaneously with the Final Plat Homeowner Association Documents X CD of all submittal documents in PDF format including Mylar of Plat and X include Plat in AutoCad Format in State Plane Coordinates All fees are required as per LDC 10.02.04.F.3.d Check made payable to the Collier County Clerk of Courts for the following: El$30.00 for first sheet of the Plat and $15.00 for each additional Mylar sheet. (6 sheets/$30+ 5 x$15=$105) Mortgagees Consent and Home Owner Association Documents are $10.00 for the first (C&J-3 =$30.00) page and $8.50 for each additional page. HOA Docs 8 pgs$10.00+ 7 @ TOTAL AMOUNT OF CHECK: $204.50 $8.50=$69.50 The completed application, all required submittal material and fees shall be submitted to: Growth Management Department/Development Services ATTN: Business Center-Client Services 2800 North Horseshoe Drive Naples, FL 34104 03/19/2020 Page 2 of 3 Cot� 16A b t County 2800 North Horseshoe Drive Naples, Florida 34104 Growth Management Department 239-252-2400 Surveyor's Certification The attached mylar represents the most recent version of the plat approved by the Board of County Commissioners. Any subsequent revisions are listed below. Revisions: Lot line shift between lots 1482.'1483. as coordinated with staff. -4C (r. ✓ .. 6. Z Surveyor of Record Date 03/19/2020 Page 3 of 3 A. 4 CollierCounty Growth Management Department Development Review Division November 18, 2021 Subject: Isles of Collier Preserve Phase 16, Final Mylar PPL-PL20210000695 After comparing the Final Mylar with the approved copy of the above subject plat, the following revisions were found: Sheets 1 through 6 of 6—No Changes • Reviewed By: Marcus L. Berman, P.S.M. County Land Surveyor cc: CityView Page 1 of 1 16A 6 CYK 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 • T: 239.435 3535 I F: 239.435.1218 Writer's Email: fpassidomo icvklawfirm.com November 15, 2021 UPDATED PLAT OPINION ISLES OF COLLIER PRESERVE PHASE 16 This opinion is provided pursuant to Section 177.041, Florida Statutes,to: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 On May 14, 2021, an initial opinion of title was rendered by me, Francesca Passidomo, an attorney licensed to practice in the State of Florida, pertaining to the property more particularly described therein. Based solely on enclosed title search update prepared by Chicago National Title Insurance Company, File No. 9285427, which covers all public records up to and including November 12, 2021, please be advised that I am of the opinion that ownership of said property remained vested in SD ICP, LLC a Florida limited liability company, throughout the time from the initial opinion to November 10, 2021. Additionally, based.solely on referenced title search, property taxes that are due and owing have been paid, and the referenced property is subject to the following new matters between the period of the initial opinion and the effective date of the title search report(with new items shown in underline): 1. Contingent Mortgage arid Security Agreement by and between Minto Sabal Bay, LLC and CDC Land Investments, Inc. dated December 27, 2012, recorded December 28, 2012 in Book 4870, Page 373, First Amendment recorded in Official Records Book 5169 page 3809 and Second Amendment recorded in Official Records Book 5755 page 2214, Public Records of Collier County, Florida,together with UCC 1 Financing Statement with Minto Sabal Bay, LLC as Debtor and CDC Land Investments, as Creditor recorded December 28, 2012•in Book 4870, Page 402 and UCC-3 Financing Statement Amendment recorded in Official Records Book 5464 page 2646, as amended by Third Amendment to Contingent Mortgage and.Security Agreement recorded in Official Records Book 6027 page 3061, all of Public Records of Collier County, Florida. • 2. Assignment by and between Minto Sabal Bay, LLC and CDC Land Investments, Inc. recorded in Official Records Book,6027.page 3066,of Public Records of Collier County, Florida. • 3. Non-Exclusive Access, Drainage and Utility Easement and Temporary Construction Easement by and between Hamilton Harbor Marina, Inc. and SD ICP, LLC, recorded in Official Records Book 5989 page 2484, of the Public Records of Collier County, Florida(benefits the Property). 4. Mortgage, Security Agreement.Assignment of Leases and Rents and Fixture Filing, from SD ICP, LLC,a Florida limited liabil �:�com a y,to Regions Bank,dated December 17,2018,and recorded cyklawfirm.com 16A 6 Collier County Board of County Commissioners Re: Updated Plat Opinion—Isles of Collier Preserve Phase 16 Page 2 November 15, 2021 December 19, 2018, in Official Records Book 5582, Page 3910, as modified by that certain Mortgage Spreading and Modification Agreement dated July 1, 2019. recorded July 2, 2019, in Official Records Book 5648, Page 1557, as further modified by that certain Mortgage Spreading and Modification Agreement dated June 24,2021,recorded July 8,2021, in Official Records Book 5977,Page 3939,all of the Public Records of Collier County, Florida,subject to Mortgaee Consent to Plat recorded on or about the date hereof. Respect submitted, Fr - Pa.�.�T , Esq. C. : �;'f'l� novich & Koester, P.A. 4061 Tam'.mi Trail North, Suite 300 • ►,aples, Flo 'da 34103 cyklawfirm.Com 16A 6 Fidelity National Title Insurance Company File Number: 9285427 DATE: November 12, 2021 TIME PERIOD SEARCH PROPERTY INFORMATION REPORT Addressee: Customer Reference: 2206.164 R Purchase Fidelity National Title Insurance Company has made a search of Public Records of Collier County, Florida, for Coleman, Yovanovich & Koester, P.A. from 08/17/2021 through 11/10/2021 at 8:00 AM, as to real property lying and being in the aforesaid county described as follows: A tract or parcel of land lying in Section 23, Township 50 South, Range 25 East, Collier County, Florida, said tract or parcel of land being more particularly described as follows: COMMENCING at the South Quarter Corner of said Section 23 run N00°42'19"W along the East line of the Southwest Quarter (SW 1/4) of said Section 23 for 592.92 feet to an intersection with the Northerly line of a Conservation Easement (Conservation Area 4A) described in deed recorded in Official Records Book 4867, at Page 3336, Collier County Records and the POINT OF BEGINNING. From said Point of Beginning run along the Northerly and Easterly line of said Conservation Area 4A the following Sixty-seven (67) courses: S18°49'13"W for 251.94 feet to a point of curvature; Southwesterly along an arc of a curve to the right of radius 30.30 feet (delta 32°52'46") (chord bearing S35°15'36"W) (chord 17.15 feet) for 17.39 feet to a point of tangency; S51°41'59"W for 170.09 feet to a point of curvature; Westerly along an arc of a curve to the right of radius 30.00 feet (delta 67°38'11") (chord bearing S85°31'05"W) (chord 33.39 feet) for 35.41 feet to a point of compound curvature; Northwesterly along an arc of a curve to the right of radius 230.00 feet (delta 48°44'53") (chord bearing N36°17'24"W) (chord 189.84 feet) for 195.69 feet to a point of reverse curvature; Northwesterly along an arc of a curve to the left of radius 10.00 feet (delta 26°23'04") (chord bearing N25°06'29"W) (chord 4.56 feet) for 4.60 feet to a point of tangency; N38°18'01"W for 24.98 feet to a point of curvature; Northwesterly along an arc of a curve to the right of radius 1,105.00 feet (delta 14°41'33") (chord bearing N30°57'14"W) (chord 282.58 feet) for 283.36 feet to a point of reverse curvature; Northwesterly along an arc of a curve to the left of radius 555.00 feet (delta 16°51'48") (chord bearing N32°02'22"W) (chord 162.76 feet) for 163.35 feet to a point of tangency; N40°28'16"W for 224.62 feet; S60°38'09"W for 109.08 feet; S34°22'25"W for 19.14 feet; S60°14'55"W for 34.19 feet; S19°31'51"W for 31.37 feet; S27°42'00"E for 38.91 feet; S09°24'49"E for 34.78 feet; S27°09'01"E for 35.95 feet; S00°39'18"W for 69.92 feet; S25°54'01"W for 22.74 feet; S68°28'11"W for 208.62 feet; N81°26'00"W for 39.69 feet; N49°58'11"W for 51.35 feet; N16°55'44"W for 57.73 feet; N00°52'32"W for 53.56 feet; N35°10'00"W for 44.15 feet; N10°29'12"E for 42.25 feet; N39°02'46"E for 56.96 feet; N04°45'35"E for 43.30 feet; N33°45'50"W for 55.56 feet; N00°00'12"W for 33.83 feet; N27°01'28"E for 44.86 feet; N18°43'13"E for 53.92 feet; N21°02'19"W for 26.82 feet; N62°08'46"W for 34.47 feet; S65°48'53"W for 45.46 feet; N80°30'47"W for 63.48 feet; N47°14'09"W for 18.38 feet to a point on a non-tangent curve; Northwesterly along an arc of a curve to the right of radius 223.96 feet (delta 08°51'02") (chord bearing N31°48'20"W) (chord 34.56 feet) for 34.60 feet to a point of compound curvature; Northerly along an arc of a curve to the right of radius 160.20 feet (delta 12°23'05") Page 1 of 5 1b.A b . - -., 0„fill`, ) Fidelity National Title Insurance Company nn t File Number: 9285427 (chord bearing N21°11'16"W) (chord 34.56 feet) for 34.63 feet to a point on a non- tangent curve; Northerly along an arc of a curve to the right of radius 210.16 feet (delta 37°48'41") (chord bearing N01°36'45"E) (chord 136.19 feet) for 138.69 feet to a point on a non-tangent curve; Northerly along an arc of a curve to the left of radius 541.10 feet (delta 49°27'39") (chord bearing N19°49'06"W) (chord 452.73 feet) for 467.10 feet; N37°03'36"W for 72.72 feet to a point on a non-tangent curve; Northerly along an arc of a curve to the right of radius 234.28 feet (delta 66°05'57") (chord bearing N12°42'39"W) (chord 255.53 feet) for 270.27 feet; N17°36'57"E for 210.48 feet to a point on a non- tangent curve; Northeasterly along an arc of a curve to the right of radius 80.00 feet (delta 06°14'48") (chord bearing N23°27'44"E) (chord 8.72 feet) for 8.72 feet; S82°00'27"E for 18.10 feet; N71°06'30"E for 66.85 feet; N41°45'37"E for 47.68 feet; N61°52'33"E for 39.15 feet; S80°24'10"E for 44.97 feet; N64°17'40"E for 66.21 feet; N85°19'59"E for 25.50 feet; N63°45'19"E for 123.94 feet; N37°32'18"E for 30.75 feet; N09°33'42"E for 43.08 feet; N29°32'05"E for 46.94 feet to a point on a non-tangent curve; Easterly along an arc of a curve to the right of radius 67.33 feet (delta 132°29'15") (chord bearing S81°38'32"E) (chord 123.26 feet) for 155.70 feet; S70°00'35"E for 112.91 feet; N36°23'05"E for 24.16 feet; N53°36'55"W for 1.00 feet to a point on a radial curve; Northerly along an arc of a curve to the left of radius 249.00 feet (delta 88°51'59") (chord bearing N08°02'54"W) (chord 348.64 feet) for 386.20 feet; S17°57'21"W for 7.79 feet; S44°00'34"W for 2.69 feet to a point on a non-tangent curve; Northwesterly along an arc of a curve to the left of radius 239.00 feet (delta 08°31'47") (chord bearing N56°11'39"W) (chord 35.55 feet) for 35.58 feet to a point of tangency; N60°27'32"W for 191.86 feet to a point of curvature; Westerly along an arc of a curve to the left of radius 399.00 feet (delta 30°03'57") (chord bearing N75°29'31"W) (chord 206.98 feet) for 209.37 feet to a point of tangency and S89°28'31"W for 24.26 feet to an intersection with the Easterly line of lands described in deed recorded in Official Records Book 2567 at Page 2337, Collier County records; thence run N00°30'39"W along said Easterly line and continuing along the Easterly right of way line of Hamilton Avenue, as described in Deed Book 32, at Page 499, Collier County records, for 82.10 feet to an intersection with the Southerly line of lands described in deed recorded in Official Records Book 2651 at Page 2846, Collier County records; thence run N89°24'00"E along said Southerly line for 155.96 feet to a point on a non-tangent curve and an intersection with the Westerly line of a Conservation Easement (Conservation Area 1) described in deed recorded in Official Records Book 4867, at Page 3336, Collier County Records; thence run along the Westerly and Southerly line of said Conservation Area 1 the following Eighteen (18) courses: Easterly along an arc of a curve to the right of radius 499.00 feet (delta 14°45'36") (chord bearing S67°50'21"E) (chord 128.19 feet) for 128.55 feet to a point of tangency; S60°27'32"E for 191.86 feet to a point of curvature; Southeasterly along an arc of a curve to the right of radius 339.00 feet (delta 00°01'11") (chord bearing S60°26'57"E) (chord 0.12 feet) for 0.12 feet; S34°27'14"W along a non-tangent line for 10.04 feet to a point on a non-tangent curve; Southerly along an arc of a curve to the right of radius 329.00 feet (delta 96°58'24") (chord bearing S12°06'07"E) (chord 492.71 feet) for 556.83 feet to a point on a radial line; S53°36'55"E for 20.00 feet; S36°23'05"W for 197.68 feet to a point of curvature; Southerly along an arc of a curve to the left of radius 191.00 feet (delta 69°26'49") (chord bearing S01°39'41"W) (chord 217.59 feet) for 231.51 feet to a point of tangency; S33°03'44"E for 114.44 feet to a point of curvature; Southerly along an arc of a curve to the right of radius 805.00 feet (delta 27°42'57") (chord bearing S19°12'16"E) (chord 385.62 feet) for 389.40 feet to a point of reverse curvature; Southerly along an arc of a curve to the left of radius 245.00 feet Page 2 of 5 16A 6 i3O t)bfl I Fidelity National Title Insurance Company File Number: 9285427 (delta 14°32'40") (chord bearing S12°37'08"E) (chord 62.03 feet) for 62.19 feet to a point of compound curvature; Easterly along an arc of a curve to the left of radius 10.00 feet (delta 110°34'48") (chord bearing S75°10'52"E) (chord 16.44 feet) for 19.30 feet to a point of tangency; N49°31'44"E for 201.02 feet to a point on a non-tangent curve; Northeasterly along an arc of a curve to the right of radius 1,813.52 feet (delta 10°10'43") (chord bearing N56°16'09"E) (chord 321.75 feet) for 322.17 feet; N41°01'52"E along a non-tangent line for 256.77 feet to a point of curvature; Northeasterly along an arc of a curve to the right of radius 20.00 feet (delta 30°45'04") (chord bearing N56°24'25"E) (chord 10.61 feet) for 10.73 feet to a point of compound curvature; Easterly along an arc of a curve to the right of radius 104.17 feet (delta 17°29'07") (chord bearing N80°31'30"E) (chord 31.67 feet) for 31.79 feet and N89°27'07"E along a non-tangent line for 13.42 feet to an intersection with the Westerly line of record plat of "Naples Groves and Truck Co's Little Farms No. 2", as recorded in Plat Book 1, Page 27A, of the Public Records of Collier County, Florida; thence run N00°42'19"W along said Westerly line to the Northwest corner of Lot 70 of said record plat for 0.68 feet; thence run N89°30'02"E along the Northerly line of said Lot 70 for 443.02 feet to a point on a non-tangent curve and an intersection with the Westerly line of a Conservation Easement (Conservation Area 2) described in deed recorded in Official Records Book 4867, at Page 3336, Collier County Records; thence run along the Westerly and Southerly line of said Conservation Area 2 the following Six (6) courses: Southerly along an arc of a curve to the right of radius 87.37 feet (delta 129°45'03") (chord bearing S00°35'08"E) (chord 158.21 feet) for 197.86 feet; S56°08'41"W along a non-tangent line for 14.45 feet to a point on a non-tangent curve; Southerly along an arc of a curve to the left of radius 30.00 feet (delta 150°27'10") (chord bearing S18°40'18"E) (chord 58.02 feet) for 78.78 feet; N89°44'05"E along a non-tangent line for 157.82 feet to a point on a non-tangent curve; Easterly along an arc of a curve to the right of radius 680.00 feet (delta 30°12'08") (chord bearing 578°47'49"E) (chord 354.31 feet) for 358.45 feet to a point of tangency and S63°41'45"E for 100.54 feet; thence run Easterly along said Southerly line and continuing along the easterly prolongation thereof along an arc of a curve to the left of radius 820.00 feet (delta 20°26'35") (chord bearing S73°55'02"E) (chord 291.02 feet) for 292.57 feet to an intersection with the Easterly line of Lot 71 of said record plat, also being the Westerly right of way line of Bayshore Road (50 feet wide); thence run S00°43'16"E along said Easterly line for 160.89 feet to a point on a non- tangent curve and an intersection with the Easterly prolongation of the Northerly line of a Conservation Easement (Conservation Area 3) described in deed recorded in Official Records Book 4867, at Page 3336, Collier County Records; thence run Westerly along said prolongation and continuing along the Northerly line of said Conservation Area 3 along an arc of a curve to the right of radius 980.00 feet (delta 21°31'16") (chord bearing N74°27'23"W) (chord 365.94 feet) for 368.10 feet to a point of tangency; thence run along the Northerly and Westerly line of said Conservation Area 3 the following Seven (7) courses: N63°41'45"W for 100.54 feet to a point of curvature; Westerly along an arc of a curve to the left of radius 520.00 feet (delta 30°12'08") (chord bearing N78°47'49"W) (chord 270.94 feet) for 274.11 feet to a point of tangency; S86°06'07"W for 475.11 feet to a point of curvature; Southwesterly along an arc of a curve to the left of radius 40.00 feet (delta 51°29'42") (chord bearing S60°21'16"W) (chord 34.75 feet) for 35.95 feet to a point of reverse curvature; Southwesterly along an arc of a curve to the right of radius 130.00 feet (delta 42°14'06") (chord bearing S55°43'28"W) (chord 93.67 feet) for 95.83 feet to a point of reverse curvature; Southwesterly along an arc of a curve to the left of radius 40.00 feet (delta 77°32'47") (chord bearing S38°04'08"W) (chord 50.10 feet) for Page 3 of 5 16A 6 r . 0 '_illr; ,° Fidelity National Title Insurance Company File Number: 9285427 54.14 feet to a point of tangency and S00°42'15"E for 156.09 feet to an intersection with the Southerly line of said Lot 71; thence run S89°30'51"W along said Southerly line for 1.00 feet to the Southwest corner of said Lot 71 and intersection with the East line of the Southwest Quarter (SW 1/4) of said Section 23; thence run S00°42'19"E along said East line for 755.22 feet to the POINT OF BEGINNING. Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007) are based on the East line of the Southwest Quarter of Section 23 to bear S00°42'19"E. and said search reveals the following: 1. Mortgage Modification Agreement Official Records Book 6027 Page 3061 2. Assignment Official Records Book 6027 Page 3066 3. Easement Official Records Book 5989 Page 2484 (Shown for reference) Public Records shall be defined herein as those records currently established under the Florida Statutes for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. This Report shows only matters disclosed in the aforesaid Public Records, and it does not purport to insure or guarantee the validity or sufficiency of any documents noted herein; nor have the contents of any such documents been examined for references to other liens or encumbrances. This Report is not to be construed as an opinion, warranty, or guarantee of title, or as a title insurance policy; and its effective date shall be the date above specified through which the Public Records were searched. This Report is being provided for the use and benefit of the above addressee only, and it may not be used or relied upon by any other party. This report may not be used for the purpose of issuing a title insurance commitment or policy. This Report is not title insurance. Pursuant to s. 627.7843, Florida Statutes, the maximum liability of the issuer of this Property Information Report for errors or omissions in this Property Information Report is limited to the amount paid for this Property Information Report, and is further limited to the person(s) expressly identified by name in the Property Information Report as the recipient(s) of the Property Information Report. File Number: 9285427 e :_.W Authorized Signatory Page 4 of 5 16A 6 , ��� I� idelit�� National Title Insurance Company File Number: 9285427 Page 5 of 5 1 6 A. 6 C Y K 2 - •4 � __ tt V riter's Email: fpassidomo cti klawfirm.com November 10, 2021 UPDATED PLAT OPINION ISLES OF COLLIER PRESERVE PHASE 16 This opinion is provided pursuant to Section 177.041, Florida Statutes, to: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 On May 14,2021, an initial opinion of title was rendered by me, Francesca Passidomo, an attorney licensed to practice in the State of Florida, pertaining to the property more particularly described therein. Based solely on enclosed title search update prepared by Chicago National Title Insurance Company, File No. 9285427, which covers all public records up to and including November 10, 2021, please be advised that I am of the opinion that ownership of said property remained vested in SD ICP, LLC a Florida limited liability company, throughout the time from the initial opinion to November 10, 2021. Additionally, based solely on referenced title search, property taxes that are due and owing have been paid, and the referenced property is subject to the following new matters between the period of the initial opinion and the effective date of the title search report(with new items shown in underline): 1. Contingent Mortgage and Security Agreement by and between Minto Sabal Bay, LLC and CDC Land Investments, Inc. dated December 27, 2012, recorded December 28, 2012 in Book 4870, Page 373, First Amendment recorded in Official Records Book 5169 page 3809 and Second Amendment recorded in Official Records Book 5755 page 2214, Public Records of Collier County, Florida,together with UCC 1 Financing Statement with Minto Sabal Bay, LLC as Debtor and CDC Land Investments, Inc. as Creditor recorded December 28, 2012 in Book 4870, Page 402 and UCC-3 Financing Statement Amendment recorded in Official Records Book 5464 page 2646, as amended by Third Amendment to Contingent Mortgage and Security Agreement recorded in Official Records Book 6027 page 3061, all of Public Records of Collier County, Florida. 2. Assignment by and between Minto Sabal Bay, LLC and CDC Land Investments, Inc. recorded in Official Records Book 6027 page 3066,of Public Records of Collier County, Florida. 3. Non-Exclusive Access, Drainage and Utility Easement and Temporary Construction Easement by and between Hamilton Harbor Marina, Inc. and SD ICP, LLC, recorded in Official Records Book 5989 page 2484, of the Public Records of Collier County, Florida(benefits the Property). cyklawfirm.Com I 6 A 6 Collier County Board of County Commissioners Re: Updated Plat Opinion— Isles of Collier Preserve Phase 16 Page 2 November 10,2021 i •esp= tf , submitted, Franc-. : Passidomo, E a. Cole' \ ov. .. ich Koester, P.A. 400 . .. mi Tra' orth ' - 10 N. 9 les, Flo ida 34 i cyklawfirm.com 16A 6 •Fidelity National Title Insurance Company File Number: 9285427 DATE: November 10, 2021 TIME PERIOD SEARCH PROPERTY INFORMATION REPORT Addressee: Customer Reference: 2206.164 R Purchase Fidelity National Title Insurance Company has made a search of Public Records of Collier County, Florida, for Coleman, Yovanovich & Koester, P.A. from 08/17/2021 through 11/10/2021 at 8:00 AM, as to real property lying and being in the aforesaid county described as follows: A tract or parcel of land lying in Section 23, Township 50 South, Range 25 East, Collier County, Florida, said tract or parcel of land being more particularly described as follows: COMMENCING at the South Quarter Corner of said Section 23 run N00°42'19"W along the East line of the Southwest Quarter (SW 1/4) of said Section 23 for 592.92 feet to an intersection with the Northerly line of a Conservation Easement (Conservation Area 4A) described in deed recorded in Official Records Book 4867, at Page 3336, Collier County Records and the POINT OF BEGINNING. From said Point of Beginning run along the Northerly and Easterly line of said Conservation Area 4A the following Sixty-seven (67) courses: S18°49'13"W for 251.94 feet to a point of curvature; Southwesterly along an arc of a curve to the right of radius 30.30 feet (delta 32°52'46") (chord bearing S35°15'36"W) (chord 17.15 feet) for 17.39 feet to a point of tangency; S51°41'S9"W for 170.09 feet to a point of curvature; Westerly along an arc of a curve to the right of radius 30.00 feet (delta 67°38'11") (chord bearing S85°31'05"W) (chord 33.39 feet) for 35.41 feet to a point of compound curvature; Northwesterly along an arc of a curve to the right of radius 230.00 feet (delta 48°44'53") (chord bearing N36°17'24"W) (chord 189.84 feet) for 195.69 feet to a point of reverse curvature; Northwesterly along an arc of a curve to the left of radius 10.00 feet (delta 26°23'04") (chord bearing N25°06'29"W) (chord 4.56 feet) for 4.60 feet to a point of tangency; N38°18'01"W for 24.98 feet to a point of curvature; Northwesterly along an arc of a curve to the right of radius 1,105.00 feet (delta 14°41'33") (chord bearing N30°57'14"W) (chord 282.58 feet) for 283.36 feet to a point of reverse curvature; Northwesterly along an arc of a curve to the left of radius 555.00 feet (delta 16°51'48") (chord bearing N32°02'22"W) (chord 162.76 feet) for 163.35 feet to a point of tangency; N40°28'16"W for 224.62 feet; S60°38'09"W for 109.08 feet; S34°22'25"W for 19.14 feet; S60°14'55"W for 34.19 feet; S19°31'51"W for 31.37 feet; S27°42'00"E for 38.91 feet; S09°24'49"E for 34.78 feet; S27°09'01"E for 35.95 feet; S00°39'18"W for 69.92 feet; S25°54'01"W for 22.74 feet; S68°28'11"W for 208.62 feet; N81°26'00"W for 39.69 feet; N49°58'11"W for 51.35 feet; N16°55'44"W for 57.73 feet; N00°52'32"W for 53.56 feet; N35°10'00"W for 44.15 feet; N10°29'12"E for 42.25 feet; N39°02'46"E for 56.96 feet; N04°45'35"E for 43.30 feet; N33°45'50"W for 55.56 feet; N00°00'12"W for 33.83 feet; N27°01'28"E for 44.86 feet; N18°43'13"E for 53.92 feet; N21°02'19"W for 26.82 feet; N62°08'46"W for 34.47 feet; S65°48'53"W for 45.46 feet; N80°30'47"W for 63.48 feet; N47°14'09"W for 18.38 feet to a point on a non-tangent curve; Northwesterly along an arc of a curve to the right of radius 223.96 feet (delta 08°51'02") (chord bearing N31°48'20"W) (chord 34.56 feet) for 34.60 feet to a point of compound curvature; Northerly along an arc of a curve to the right of radius 160.20 feet (delta 12°23'05") Page 1 of 4 16A 6 n I':delay National Title Insurance Company File Number: 9285427 (chord bearing N21°11'16"W) (chord 34.56 feet) for 34.63 feet to a point on a non- tangent curve; Northerly along an arc of a curve to the right of radius 210.16 feet (delta 37°48'41") (chord bearing N01°36'45"E) (chord 136.19 feet) for 138.69 feet to a point on a non-tangent curve; Northerly along an arc of a curve to the left of radius 541.10 feet (delta 49°27'39") (chord bearing N19°49'06"W) (chord 452.73 feet) for 467.10 feet; N37°03'36"W for 72.72 feet to a point on a non-tangent curve; Northerly along an arc of a curve to the right of radius 234.28 feet (delta 66°05'57") (chord bearing N12°42'39"W) (chord 255.53 feet) for 270.27 feet; N17°36'57"E for 210.48 feet to a point on a non- tangent curve; Northeasterly along an arc of a curve to the right of radius 80.00 feet (delta 06°14'48") (chord bearing N23°27'44"E) (chord 8.72 feet) for 8.72 feet; S82°00'27"E for 18.10 feet; N71°06'30"E for 66.85 feet; N41°45'37"E for 47.68 feet; N61°52'33"E for 39.15 feet; S80°24'10"E for 44.97 feet; N64°17'40"E for 66.21 feet; N85°19'59"E for 25.50 feet; N63°45'19"E for 123.94 feet; N37°32'18"E for 30.75 feet; N09°33'42"E for 43.08 feet; N29°32'05"E for 46.94 feet to a point on a non-tangent curve; Easterly along an arc of a curve to the right of radius 67.33 feet (delta 132°29'15") (chord bearing S81°38'32"E) (chord 123.26 feet) for 155.70 feet; S70°00'35"E for 112.91 feet; N36°23'05"E for 24.16 feet; N53°36'55"W for 1.00 feet to a point on a radial curve; Northerly along an arc of a curve to the left of radius 249.00 feet (delta 88°51'59") (chord bearing N08°02'54"W) (chord 348.64 feet) for 386.20 feet; S17°57'21"W for 7.79 feet; S44°00'34"W for 2.69 feet to a point on a non-tangent curve; Northwesterly along an arc of a curve to the left of radius 239.00 feet (delta 08°31'47") (chord bearing N56°11'39"W) (chord 35.55 feet) for 35.58 feet to a point of tangency; N60°27'32"W for 191.86 feet to a point of curvature; Westerly along an arc of a curve to the left of radius 399.00 feet (delta 30°03'57") (chord bearing N75°29'31"W) (chord 206.98 feet) for 209.37 feet to a point of tangency and S89°28'31"W for 24.26 feet to an intersection with the Easterly line of lands described in deed recorded in Official Records Book 2567 at Page 2337, Collier County records; thence run N00°30'39"W along said Easterly line and continuing along the Easterly right of way line of Hamilton Avenue, as described in Deed Book 32, at Page 499, Collier County records, for 82.10 feet to an intersection with the Southerly line of lands described in deed recorded in Official Records Book 2651 at Page 2846, Collier County records; thence run N89°24'00"E along said Southerly line for 155.96 feet to a point on a non-tangent curve and an intersection with the Westerly line of a Conservation Easement (Conservation Area 1) described in deed recorded in Official Records Book 4867, at Page 3336, Collier County Records; thence run along the Westerly and Southerly line of said Conservation Area 1 the following Eighteen (18) courses: Easterly along an arc of a curve to the right of radius 499.00 feet (delta 14°45'36") (chord bearing S67°50'21"E) (chord 128.19 feet) for 128.55 feet to a point of tangency; S60°27'32"E for 191.86 feet to a point of curvature; Southeasterly along an arc of a curve to the right of radius 339.00 feet (delta 00°01'11") (chord bearing S60°26'57"E) (chord 0.12 feet) for 0.12 feet; S34°27'14"W along a non-tangent line for 10.04 feet to a point on a non-tangent curve; Southerly along an arc of a curve to the right of radius 329.00 feet (delta 96°58'24") (chord bearing S12°06'07"E) (chord 492.71 feet) for 556.83 feet to a point on a radial line; S53°36'55"E for 20.00 feet; S36°23'05"W for 197.68 feet to a point of curvature; Southerly along an arc of a curve to the left of radius 191.00 feet (delta 69°26'49") (chord bearing S01°39'41"W) (chord 217.59 feet) for 231.51 feet to a point of tangency; S33°03'44"E for 114.44 feet to a point of curvature; Southerly along an arc of a curve to the right of radius 805.00 feet (delta 27°42'57") (chord bearing S19°12'16"E) (chord 385.62 feet) for 389.40 feet to a point of reverse curvature; Southerly along an arc of a curve to the left of radius 245.00 feet Page 2 of 4 16A 6 oath Fidelity National Title Insurance Company File Number: 9285427 (delta 14°32'40") (chord bearing S12°37'08"E) (chord 62.03 feet) for 62.19 feet to a point of compound curvature; Easterly along an arc of a curve to the left of radius 10.00 feet (delta 110°34'48") (chord bearing S75°10'52"E) (chord 16.44 feet) for 19.30 feet to a point of tangency; N49°31'44"E for 201.02 feet to a point on a non-tangent curve; Northeasterly along an arc of a curve to the right of radius 1,813.52 feet (delta 10°10'43") (chord bearing N56°16'09"E) (chord 321.75 feet) for 322.17 feet; N41°01'52"E along a non-tangent line for 256.77 feet to a point of curvature; Northeasterly along an arc of a curve to the right of radius 20.00 feet (delta 30°45'04") (chord bearing N56°24'25"E) (chord 10.61 feet) for 10.73 feet to a point of compound curvature; Easterly along an arc of a curve to the right of radius 104.17 feet (delta 17°29'07") (chord bearing N80°31'30"E) (chord 31.67 feet) for 31.79 feet and N89°27'07"E along a non-tangent line for 13.42 feet to an intersection with the Westerly line of record plat of "Naples Groves and Truck Co's Little Farms No. 2", as recorded in Plat Book 1, Page 27A, of the Public Records of Collier County, Florida; thence run N00°42'19"W along said Westerly line to the Northwest corner of Lot 70 of said record plat for 0.68 feet; thence run N89°30'02"E along the Northerly line of said Lot 70 for 443.02 feet to a point on a non-tangent curve and an intersection with the Westerly line of a Conservation Easement (Conservation Area 2) described in deed recorded in Official Records Book 4867, at Page 3336, Collier County Records; thence run along the Westerly and Southerly line of said Conservation Area 2 the following Six (6) courses: Southerly along an arc of a curve to the right of radius 87.37 feet (delta 129°45'03") (chord bearing S00°35'08"E) (chord 158.21 feet) for 197.86 feet; S56°08'41"W along a non-tangent line for 14.45 feet to a point on a non-tangent curve; Southerly along an arc of a curve to the left of radius 30.00 feet (delta 150°27'10") (chord bearing S18°40'18"E) (chord 58.02 feet) for 78.78 feet; N89°44'05"E along a non-tangent line for 157.82 feet to a point on a non-tangent curve; Easterly along an arc of a curve to the right of radius 680.00 feet (delta 30°12'08") (chord bearing S78°47'49"E) (chord 354.31 feet) for 358.45 feet to a point of tangency and S63°41'45"E for 100.54 feet; thence run Easterly along said Southerly line and continuing along the easterly prolongation thereof along an arc of a curve to the left of radius 820.00 feet (delta 20°26'35") (chord bearing S73°55'02"E) (chord 291.02 feet) for 292.57 feet to an intersection with the Easterly line of Lot 71 of said record plat, also being the Westerly right of way line of Bayshore Road (50 feet wide); thence run S00°43'16"E along said Easterly line for 160.89 feet to a point on a non- tangent curve and an intersection with the Easterly prolongation of the Northerly line of a Conservation Easement (Conservation Area 3) described in deed recorded in Official Records Book 4867, at Page 3336, Collier County Records; thence run Westerly along said prolongation and continuing along the Northerly line of said Conservation Area 3 along an arc of a curve to the right of radius 980.00 feet (delta 21°31'16") (chord bearing N74°27'23"W) (chord 365.94 feet) for 368.10 feet to a point of tangency; thence run along the Northerly and Westerly line of said Conservation Area 3 the following Seven (7) courses: N63°41'45"W for 100.54 feet to a point of curvature; Westerly along an arc of a curve to the left of radius 520.00 feet (delta 30°12'08") (chord bearing N78°47'49"W) (chord 270.94 feet) for 274.11 feet to a point of tangency; S86°06'07"W for 475.11 feet to a point of curvature; Southwesterly along an arc of a curve to the left of radius 40.00 feet (delta 51°29'42") (chord bearing S60°21'16"W) (chord 34.75 feet) for 35.95 feet to a point of reverse curvature; Southwesterly along an arc of a curve to the right of radius 130.00 feet (delta 42°14'06") (chord bearing S55°43'28"W) (chord 93.67 feet) for 95.83 feet to a point of reverse curvature; Southwesterly along an arc of a curve to the left of radius 40.00 feet (delta 77°32'47") (chord bearing S38°04'08"W) (chord 50.10 feet) for Page 3 of 4 U4 Fidelity National Title Insurance Company File Number: 9285427 54.14 feet to a point of tangency and S00°42'15"E for 156.09 feet to an intersection with the Southerly line of said Lot 71; thence run S89°30'51"W along said Southerly line for 1.00 feet to the Southwest corner of said Lot 71 and intersection with the East line of the Southwest Quarter (SW 1/4) of said Section 23; thence run S00°42'19"E along said East line for 755.22 feet to the POINT OF BEGINNING. Bearings hereinabove mentioned are State Plane for the Florida East Zone (1983/NSRS 2007) are based on the East line of the Southwest Quarter of Section 23 to bear S00°42'19"E. and said search reveals the following: 1, Mortgage Modification Agreement Official Records Book 6027 Page 3061 2. Assignment Official Records Book 6027 Page 3066 Public Records shall be defined herein as those records currently established under the Florida Statutes for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. This Report shows only matters disclosed in the aforesaid Public Records, and it does not purport to insure or guarantee the validity or sufficiency of any documents noted herein; nor have the contents of any such documents been examined for references to other liens or encumbrances. This Report is not to be construed as an opinion, warranty, or guarantee of title, or as a title insurance policy; and its effective date shall be the date above specified through which the Public Records were searched. This Report is being provided for the use and benefit of the above addressee only, and it may not be used or relied upon by any other party. This report may not be used for the purpose of issuing a title insurance commitment or policy. This Report is not title insurance. Pursuant to s. 627.7843, Florida Statutes, the maximum liability of the issuer of this Property Information Report for errors or omissions in this Property Information Report is limited to the amount paid for this Property Information Report, and is further limited to the person(s) expressly identified by name in the Property Information Report as the recipient(s) of the Property Information Report. File Number: 9285427 Authorized Signatory Page 4 of 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. 'I he completed routing slip and original documents arc to be forwarded to the( Attorney((flier at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the('minty Attorney Office no Inter 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 2. 3. County Attorney Office County Attorney Office ti\ 4. BCC Office Board of County P f. j„� Commissioners "/�5/ 1d,a�,� 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Lucia S. Martin Phone Number x-2279 Contact/ Department Agenda Date Item was 11/09/2021 Agenda Item Number 16.A.6 L/ 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? ifrt k r (3 i/ 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. LM 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 LM 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 LM 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 11/09/2021 and all changes made during the meeting have been incorporated in the attached document. The County tab( o'` Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the OU Chairman's signature. +� 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 16A 6 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 22,nd day of OL-obotr , 20 21 between SD ICP,LLC hereinafter referred to as "Developer", and Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of certain plat of a subdivision to be known as: Isles of Collier Preserve Phase 16 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$3,928,617.83 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 6 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 cased this Agreement to be executed by their duly authorized representatives this ,201 .,.1 day of ( t. , 20 21 . SIGNED IN THE PRESENCE OF: (Name of Entity) SD ICP, LL Witness: By. C (� Print Name: �AioL 1'y., (1 seta Witness: Brian Stock, Manager (Provide Proper Evidence of c— /�� t � Authority) Printed Fame: ,, Evidence of signing authority attached ('" cf t hereto as Exhibit "Q". - ATTEST: CRYSTAL K. KINZEL, CLERK BO RD OF COUNTY COMMISSIONERS OF LIER COUNT , ORI A '\(\ktb By: •... By: Deputy Clerk A St as ��'' ` Penny Taylor, airman Approved as to form and legal a{u;eori`y. Derek D.Perry Assistant County Attorney 16A 6 EXHIBIT "A" Subdivision Performance Security 16A 6 EXHIBIT "A" PERFORMANCE BOND BOND NO. LICX1209978 KNOW ALL PERSONS BY THESE PRESENTS: that SD ICP,LLC (Name of Owner) 2639 Professional Circle, Suite 101 (Address of Owner) Naples, FL 34119 (Address of Owner) (Hereinafter referred to a "Owner") and Lexon Insurance Company (Name of Surety) 10002 Shelbyville Road, Suite 100 (Address of Surety) Louisville, KY 40223 (Address of Surety) 615-553-9500 (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 r '.'° Pe' r. '9^~""" 't^°'"=e.o--"I''''''' " ^,"— Dollars ($3,928,617.83 _) 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 16 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 16A 6 Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment", wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parts thereto have caused this PERFORMANCE BOND to be executed this 22nd day of October / 2021 / c\i/iTLNEES�S,ES: SD ICP, LLC i �� Vt- ►:.1 Re By: li �� Printed Nam � '- n - ' o,I` �o hel perry ✓r et f rej► � �j �, rovide Proper Evidence of Authority) 1 >i41L;j L Fes'`1.k137 �-, — Printed Name Evidence of signing authority attached hereto as Exhibit "(34 . — ACKNOWLEDGEMENT '- STATE OF COUNTY OF ' THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF PHYSICAL PRESNCE OR,❑ ONLINE NOTARIZATION THIS DAY OF /3 / 20 , byt,,,,,,,_, /�` (NAME OF ACKNOWLEDGER) 1,( ,�.Ld,� (TITLE) OF y (NAME OF COMPANY) WHO IS PERSQUALLY KNQ-W TOMEJ OR HAS PROED_ _AS IDENTIFICATION. Notary Public—State of _ 0.. P�. dr `J`, M SEALE (SEAL) '9:=—' Notary public-State of Florida a Commission#HH 046417 ' •• u My Comm.Expires Sep 28,2024 -j`. 4 � tse 4LG Bonded through National Notary Assn. Printed Name WITNESSES: Lexon Insurance Company 5ii____al L By: cM to er.04;d,;,,ze ' Susan Ritter Sandra L. Fusinetti, Attorney-in-Fact (Provide Proper Evidence of Authority) .14A,IA-44 th-L,7-1466 Jennifer Edwards 16A 6 ACKNOWLEDGEMENT STATE OF Kentucky COUNTY OF Jefferson THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF ® PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS DAY OF 10 / 22 / 2021 , 20 21 , by Sandra L. Fusinetti (NAME OF ACKNOWLEDGER) AS Attorney-in-Fact (TITLE) OF Lexon Insurance Company _(NAME OF COMPANY) WHO IS PERSONALLY KNOW TO ME,OR HAS PRODUCED PersQnaliy Known —AS IDENTIFICATION. Notary Public—State of Kentucky (SEAL)71/ `/� Printed Name Marie L. Long Marie L. Long NOTARY PUBLIC STATE AT LARGE,KENTUCKY ID#KYNP1168 MY COMMISSION WIRES FEB.13,2024 16A 6 LS, SOMPO INTERNATIONAL 11078 POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a "Company" and collectively,"Sompo International,"do hereby constitute and appoint Brook T.Smith,Raymond M.Hundley,Jason D.Cromwell,James H.Martin, Barbara Duncan, Sandra L.Fusinetti,Mark A.Guidry,Jill Kemp, Lynnette Long,Amy Bowers,Deborah Neichter,Theresa Pickerrell,Sheryon Quinn,Beth Frymire, Leigh McCarthy, Michael Dix,Susan Ritter,Ryan Britt as true and lawful Attorney(s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co-surety; bonds and undertakings given for any and all purposes,also to execute and deliver on its behalf as aforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided, however,that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million Dollars($100,000,000.00). Such bonds and undertakings for said purposes,when duly executed by said attorney(s)-in-fact,shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15th day of June,2019,a copy of which appears below under the heading entitled"Certificate". This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 15th day of June,2019 and said resolution has not since been revoked,amended or repealed: RESOLVED,that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15th day of June,2019. Endurance Assurance Corporation Endurance American Lexon Insurance Company _ Bond Safeguard _ I `/ Insurance Company i Insurance.Company ' !r By:.,; By:.•_ :.. ,/ . (. , By 1 ,:_•.. j i '., Richard Appel§,%1Pi.& enior Counsel Richard Appel;,SVP'.8,�Senior Counsel Richard Appel;S Senior Counsel Richard Appel;„;SVP&senior'Counsel 5urance°- can_Ins4r, _ RANCC•y °eo iNSu `C GO�p DRarTC�,� 'Q.GOFtP Ofl,gr�d7n''s ire' 0 ,,,c4 � =,,o•. A .'LC� , €�: SEAL '0. =ter' SEAL `,0 s 6 ?c;: DAKOTA O- `v'% 2002 m 3 s m', 1996 ;°: .,• SEAL .r _o msuRANCL a J„•,DELAWARE,.',O i y • ;qp.DELAWARE�... ', S �4` ^ a Z�, COMPANY Y .i` Gj ..-. .��y�' / . O.�- P. m• •'1- 'IC "" ACKNOWLEDGEMENT '• for— - On this 15th day of June,2019,before me,personally came the above signatories known to me,who being duly sworn,did depose and say that he/theme lH�officer of each of the Companies;and that he executed said instrument on behalf of each Company by authority of his office under th by ws of each Company. ' - r_A ressSa — By: or�sr _ �nuc Amy aylor,No ublic My Commisskn E•xpirces 5/963 CERTIFICATE '.' I,the undersigned Officer of each Company,DO HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney,and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15,2019 and said resolutions have not since been revoked,amended or modified "RESOLVED,that each of the individuals named below is authorized to make,execute,seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co-surety with others: RICHARD M.APPEL,BRIAN J. BEGGS,CHRISTOPHER DONELAN,SHARON L.SIMS, CHRISTOPHER L.SPARRO, MARIANNE L.WILBERT ;and be it further RESOLVED,that each of the individuals named above is authorized to appoint attorneys-in-fact for the purpose of making,executing,sealing and delivering bonds, undertakings or obligations in surety or co-surety for and on behalf of the Company." 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal this" n d day of , f, 20?i 6-`- ' +� Dame S. erie,-retary NOTICE: U.S.TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL(OFACI No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control(OFAC)administers and enforces sanctions policy, based on Presidential declarations of"national emergency". OFAC has identified and listed numerous foreign agents,front organizations,terrorists,terrorist organizations,and narcotics traffickers as"Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's website—https www treasury coy resource-center.sanctions:SDN-List. In accordance with OFAC regulations,if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S.sanctions law or is a Specially Designated National and Blocked Person,as identified by OFAC,any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract,no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are void. Surety Claims Submission:LexonClaimAdministration@sompo-intl.com Telephone:615.553-9500 Mailing Address:Sompo International;12890 Lebanon Road;Mount Juliet,TN 37122.2870 16A 6 EXHIBIT " 6" Signing Authority I 6 A 6 EXHIBIT"B" STATEMENT OF AUTHORITY Pursuant to section 605.0302(1). Florida Statutes, this limited liability company submits the following statement of authori:y: SD ICP,LLC.A FLORIDA LIMITED LIABLITY COMPANY FIRST: The tame of the limited liability company is: L15000151572 SECOND: The Florida Document Number of the limited liability company is: THIRD: The street address of tl:e limited liability company's principal office is: 2639 PROFESSIONAL CIRCLE SUITE 101 NAPLES,FLORIDA 34119 The minim address of the limited liability company's principal office is: 2639 PROFESSIONAL CIRCLE SUITE 101 NAPLES,FLORIDA 34119 FOURTH: This statement of authority grants or sets limitations of authority on all persons haying the status'or position or:,person in a company, whether as a member,transferee. manager.officer or otherwise or to a bpccitic person on the followine: 1. May cmecute an instrument transfet ring real property held in the name of the company. a. Granted to: BRIAN STOCK and/or JOHN FERRY and/or KEITH GELDER • • cP b. No authority granted to: 2. Nlav enter into other transactions on behalf of,or otherwise act for or bind,the company. a. Granted to : BRIAN STOCK and/or JOHN FERRY and/or KEITH CELDER b, No authority granted to: K BRIAN K.STOCK Signature of author zed representative Typed or printed name of signature Filing Fee: S25.00 Certified Copy: S30.00(optional) CR2El?S(2,14) 16A 6 EXHIBIT Opinion of Probable Cost 16A 6 Barraco wwtiv.barraco.net and Associates, Inc. Civil Engineers, Land Surveyors and Planners ENGINEER'S OPINION OF PROBABLE COST for the construction of Isles of Collier Preserve Phase i6 Plat Bond May 17, 2021 ITEM UNIT NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT I. EARTHWORK 110-1 Erosion Control 1 LS $55,000.00 $55,000.00 575-1 Natural Grass&Sodding 38,00o SY $2.40 $91,200.00 A. Retaining Wall(1.5' Height) 1,10o LF $16o.o0 $176,000.00 B. Retaining Wall(3'-4'Height) 333 LF $35o.00 $116,550.00 SUB-TOTAL: $438,750.00 II. ROADWAY 16o-i Type"B" Stabilization(12") 20,504 SY $2.25 $46,134.00 200-1 Limerock Base w/Prime Coat(6") 15,787 SY $11.00 $173,657.00 331-1 Asphalt Concrete Type S-III 1" (ist Lift) 15,787 SY $5.75 $90,775.225 331-2 Asphalt Concrete Type S-III 3/4" (Final Lift) 15,787 SY $6.00 $94,722.00 331-3 Brick Pavers 6o SY $80.00 $4,800.00 52o-1 Valley Gutter(2'Wide) 8,072 LF $11.50 $92,828.00 52o-2 Type"F" Curb 3,787 LF $15.00 $56,805.00 52o-3 Type"A"Curb 569 LF $14.50 $8,250.50 520-4 8" Ribbon Curb 73 LF $18.00 $1,314.00 522-1 4"Thick Concrete Sidewalk/Path 7,926 SY $33.00 $261,558.00 522-2 ADA Ramps w/ Detectable Warning 11 EA $650.00 $7,150.00 522-3 6" Plain Concrete(Lift Station Driveway) 36 SY $58.00 $2,088.00 700-1 Signing and Pavement Markings 1 LS $8,5oo.00 $8,500.00 715-1 Conduit Crossing 1,10o LF $5.00 $5,500.00 Page 1 of 5 16A 6 ITEM UNIT NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT SUB-TOTAL: $854,081.75 III. DRAINAGE 425-1 Valley Gutter Inlet 17 EA $4,800.00 $8i,600.00 425-2 Type"C" Inlet 1 EA $3,000.00 $3,000.00 425-3 Type"9"Inlet 7 EA $4,000.00 $28,000.00 425-4 Type"H" Inlet 2 EA $6,500.00 $13,000.00 425-5 Type"E" Inlet 2 EA $3,800.00 $7,600.00 425-6 18"Endwall 1 EA $i,800.00 $i,800.00 425-7 24" Endwall 4 EA $2,300.00 $9,200.00 425-8 36" Endwall 3 EA $2,900.00 $8,700.00 425-10 3o"ADS Flared End Section 1 EA $1,200.00 $i,2oo.00 430-1 18" RCP Storm Sewer 614 LF $50.00 $30,700.00 430-2 24" RCP Storm Sewer 2,841 LF $65.00 $184,665.00 430-3 3o" RCP Storm Sewer 418 LF $87.00 $36,366.00 430-4 36" RCP Storm Sewer 756 LF $138.00 $104,328.00 430-5 12"ADS Storm Drain 219 LF $26.00 $5,694.00 430-6 18"ADS Storm Drain 559 LF $35•oo $19,565.00 430-7 24"ADS Storm Drain 668 LF $48.00 2, 00 $3-- 06 4• 430-8 3o"ADS Storm Drain 298 LF $70.00 $20,860.00 430-9 Junction Box 8 EA. $4,l00.00 $32,800.00 430-io Yard Drain 11 EA $1,400.00 $15,400.00 53o-i Rip Rap(6"-8") 42 SY $115.00 $4,830.00 SUB-TOTAL: $641,372.00 IV. WATERLINE AND ACCESSORIES A. io"DR-18 PVC Watermain 2,597 LF $53.00 $137,641.00 B. io"Gate Valve 8 EA $2,500.00 $20,000.00 C. 12" DR-18 PVC Watermain 3,256 LF $62.00 $201,872.00 Page 2 of 5 16A 6 ITEM UNIT NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT D. 12"DR-14 PVC Watermain 74 LF $69.00 $5,106.00 E. 12"Gate Valve 3 EA $3,200.00 $9,600.00 F. Fire Hydrant Assembly i6 EA $6,100.00 $97,600.00 G. Single Water Service 3o EA $1,300.00 $39,000.00 H. Double Water Service i6 EA $1,400.00 $22,400.00 I. Permanent Bacteriological Sample Point 1 EA $2,100.00 $2,100.00 J. Temporary Bacteriological Sample Point 3 EA $i,000.00 $3,000.00 K. Permanent Automatic Flushing Device 2 EA $10,500.00 $21,000.00 SUB-TOTAL: $559,319.00 V. SEWER SYSTEM A. 8"SDR 26 Sanitary Sewer 3,695 LF $6o.00 $221,700.00 B. 4"DR-18 PVC Forcemain 1,822 LF $29.00 $52,838.00 C. 4"DR-14 PVC Forcemain 53 LF $32.00 $1,696.00 D. 4" Plug Valve 1 EA $i,800.00 $i,800.00 E. 4'Sanitary Manhole i8 EA $9,200.00 $165,600.00 F. 6"Sewer Service(Single) 15 EA $i,ioo.00 $16,500.00 G. 6"Sewer Service(Double) 23 EA $1,200.00 $27,600.00 H. Lift station 1 EA $300,000.00 $300,000.00 I. Air Release Valve 1 EA S7,8o0.00 $7,800.00 SUB-TOTAL: $795,534.00 VI. LANDSCAPING A. io' Height Buffer Tree 25 EA $400.o0 $io,000.00 B. 2'Height Buffer Shrubs 249 EA $15.00 $3,735.00 C. Preserve Ground Covers 1 Gal. 8,717 EA $5.00 $43,585.00 D. Littorals 5,207 EA $1-5o $7,810.50 SUB-TOTAL: $65,130.50 VII. IRRIGATION SYSTEM Page 3 of 5 16A 6 ITEM UNIT NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT A. 6"DR-18 PVC Irrigation Main 1,512 LF S28.00 $42,336.00 B. 6"DR-14 PVC Irrigation Main 72 LF S39.00 $2,808.00 C. 6"Gate Valve 3 LF $1,400.00 $4,200.00 D. Air Release Valve 1 EA S3.5oo.00 $3,500.00 SUB-TOTAL: $52,844.00 VIII. SITE LIGHTING A. FPL Town&Country Street Lights 77 EA S9oo.00 $69,300.00 SUB-TOTAL: $69,300.00 IX. OFFSITE IMPROVEMENTS 102-1 Maintenance of Traffic 1 LS $7,500.00 $7,500.00 110-1 Erosion Control 1 LS $4,500.00 $4,500.00 575-1 Natural Grass&Sodding 35o SY $2.40 $840.00 i6o-i Type"B"Stabilization(12") 193 SY $2.25 $434.25 200-1 Limerock Base w/Prime Coat(6") 151 SY $11.00 $1,661.00 331-1 Asphalt Concrete Type S-III 1"(1st Lift) 151 SY $5.75 $868.25 331-2 Asphalt Concrete Type S-III 3/4" (Final Lift) 151 SY $6.00 $906.00 52o-1 Valley Gutter(2'Wide) 7o LF $11.50 $805.00 52o-2 Type"F"Curb 58 LF $15.00 $870.00 522-1 6"Thick Concrete Sidewalk/Path 76 SY $55.00 $4,180.00 522-2 ADA Ramps w/Detectable Warning 4 EA $650.00 $2,600.00 700-1 Signing and Pavement Markings 1 LS $2,500.00 $2,500.00 425-1 Type"C" Inlet 2 EA S3,000.00 $6 00o.00 430-1 18"RCP Storm Sewer 150 LF $50.00 $7,500.00 A. 12" DR-18 PVC Watermain 40 LF $62.00 $2,480.00 B. 12" DR-14 PVC Watermain 132 LF $69.00 $9,108.00 C. 12"Gate Valve 2 EA $3,200.00 $6,400.00 D. Temporary Bacteriological Sample Point 2 EA $1,000.00 $2,000.00 Page 4 of 5 16A 6 ITEM UNIT NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT E. Connect to Ex.12"Watermain 2 EA $5,500.00 $11,000.00 F. 4"DR-18 PVC Forcemain i6 LF $29.00 $464.00 G. 4"DR-14 PVC Forcemain 29 LF $32.00 $928.00 H. 6"x4"Tapping Sleeve and Valve i EA $3,800.00 $3,800.00 I Air Release Valve 1 EA $7,800.00 $7,800.00 J. Connect to Ex.6" Forcemain 1 EA $3,500.00 $3,500.00 K. 6"DR-18 PVC Irrigation Main 13 LF $28.00 $364.00 L. 6"DR-14 PVC Irrigation Main 29 LF S39.00 $1,131.00 M. Air Release Valve 1 EA S3,5oo.00 $3,500.00 N. Connect to Ex.6" Irrigation Main 1 EA S1,5oo.00 $1,500.00 SUB-TOTAL: $95,139.50 Estimated Date of Completion:7/2022 TOTAL: $3,571,470.75 Barraco and Associates,Inc. 10%1 BOND TOTAL: $357,147.08 2271 McGregor Boulevard BOND TOTAL: $3,928,617.83 P.O. Drawer 2800 Fort Myers,FL 33902-2800 Certificate of Authorization No.7995 ..,, Y 3. `, Digitally signed ,, :.` E sF.:t't by Wesley S No 50507 • 1 Kayne L9 STATE OF !4,: =9...,. oq o1,124'; Date:2021.05.25 ",,S i;;;E ,,, 15:44:00-04'00' This item has been digitallt signed and sealed b, Wesley S.Kayne,P.E. Wesley S.Kayne on the date adjacent to the seal. Florida P.E.No.80 0 Printed copies of this document are not considered signed 5 and sealed and signature must be verified on any electronic For the Firm rOp1P5' Page 5 of 5