Agenda 11/08/2022 Item #16A 4 (Commercial Excavation Permit for Willow Run Mine - Baker Parcel)11/08/2022
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held
on this item, all participants are required to be sworn in. Recommendation to approve Commercial
Excavation Permit PL20210003121 - Willow Run Mine - Baker Parcel, to expand the existing Willow Run
Commercial Excavation to include approximately 10 acres, and accept the Excavation Performance
Agreement and the excavation performance bond in the amount of $134,911.20.
OBJECTIVE: To approve Commercial Excavation Permit PL20210003121 for the commercial excavation
expansion of the Willow Run Mine with the addition of approximately 10 acres known as the Baker Parcel.
CONSIDERATIONS: On April 2, 1985, the Board of County Commissioners ("Board") approved Commercial
Excavation Permit No. 59.206-1 Willow Run, which was the original pen -nit that allowed an excavation of 8.9
million cubic yards of fill material.
The applicant wishes to expand operation of the existing commercial excavation (PL20110001383), with the
addition of the 10-acre Baker Parcel (PL20210003121). The Baker parcel proposes to excavate an additional
379,600 cubic yards of material, which will not exceed the current allowable amount. The subject property is within
the Willow Run Planned Unit Development, and the mine is a permitted use per the PUD Ordinance 14-35. The
original Conditional Use for the existing mine was approved in 1997 by the Board of County Commissioners under
Resolution 97-16. The project is designated as Urban Residential Fringe Subdistrict as shown on the Future Land
Use Map (FLUM) and in the Future Land Use Element (FLUE) of the GMP. The applicant is providing an
excavation performance agreement and an excavation performance bond in the amount of $134,911.20.
FISCAL IMPACT: The applicant has paid $8,846.40 for the Commercial Excavation permit application and is
required to pay an additional $3,222.80 ($8.49 per 1,000 cubic yards) in road impact fees at time of permit
issuance.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: This project has been found to be consistent with the
goals, objectives, and policies of the GMP including specifically the Future Land Use Element (FLUE),
Transportation Element, and Conservation and Coastal Management Element (CCME).
ENVIRONMENTAL ISSUES: Offsite hauling of excess fill, if done properly, will have no envirom-nental
impact. The Willow Run PUD was previously approved to retain 149.19 acres of native vegetation, the preserve is
located on the eastern boundary of the PUD.
LEGAL CONSIDERATIONS: ' The Petitioner is requesting a Commercial Excavation Permit under Section 22-
110 of the Collier County Code of Laws and Ordinances. The attached staff report and recommendations of the
Collier County Planning Commission (CCPQ acting as the Environmental Advisory Council (EAQ are advisory
only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove
that the proposed Commercial Excavation is consistent with all the criteria set forth below, and you may question
the Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied under Section 22 -11 0(d) of
the Collier County Code of Laws and Ordinances. Should you consider denying the Commercial Excavation
Permit, to assure that your decision is not later found to be arbitrary, discriminatory or unreasonable: the denial
must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed
criteria below.
Criteria for Commercial Excavations
(1) The excavation will not interfere with the natural function of any sanitary, storm or drainage system, or
naturalflow way, whetherpublic orprivate, so as to createflooding orpublic health hazards orjeopardize the
functions of the natural resources and environment of Collier County.
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11/08/2022
(2) Dust or noise generated by the excavation will not cause a violation of any applicable provisions of this
article. Rock crushing operations or material stockpiles that will be adjacent to any existing residential area
may require separate county approval. It is anticipated that these activities will not occur during this operation.
(3) The excavation will not adversely affect groundwater levels, water quality, hydro -period, or surface water
flow ways. The county manager or designee may require the applicant to monitor the quality of the water in the
excavation and adjacent ground and surface waters. Under no circumstances shall the excavation be conducted
in such a manner as to violate Collier County or applicable State ofFlorida water quality standards.
(4) The excavation will be constructed so as to not cause an apparent safety hazard to persons or property.
(5) The excavation does not conflict with the growth management plan or land development regulations adopted
pursuant thereto, nor does it conflict with existing zoning regulations. Special criteria and approval procedures
may be necessaryfor projects within the Big Cypress Area of critical state concern.
(6) In cases where a wetland is no longer capable of performing environmental functions or providing
environmental values or in cases where it is determined that no reasonable alternative exists other than
disrupting a wetland, certain alterations may be allowed, except as otherwise authorized through previous county
review processes.
(7) Flow of water within and through preserved wetlands shall not be impeded.
(8) Appropriate sediment control devices (hay bales, silt screens, etc) shall be employed to prevent
sedimentation within the wetland pursuant to the design requirements of Section 10.02.02 of the Land
Development Code. Any building site adjacent to a wetland and elevated hyfilling, must employ the same
erosion control devices. Fill must be stabilized using sod, seed, or mulch.
This item is approved as to form and legality and requires a majority vote for Board approval. - DDP
EAC RECOMMENDATIONS: On October 6, 2022, the Collier County Planning Commission (CCPC), acting in
their role of the Environmental Advisory Council (EAC), voted 6-0 to send a recommendation for approval to the
Board of County Commissioners, with stipulations recommended by staff.
RIECOMMENDATIONS: Recommendation that the Board of County Commissioners approves the excavation
and removal of an additional 379,600 cubic yards of fill within the Willow Run Mine (PL20110001383), on the
Willow Run Mine - Baker Parcel pursuant to Commercial Excavation Permit PL20210003121, subject to existing
stipulations in the previously approved Commercial Excavation Permit No. 59.206-1, as amended, and accept the
excavation performance agreement and the excavation performance bond in the amount of $134,911.20.
Prepared by: Jaime Cook, Director, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
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11/08/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4
Doe ID: 23714
Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Commercial
Excavation Permit PL20210003121 — Willow Run Mine — Baker Parcel, to expand the existing Willow Run
Commercial Excavation to include approximately 10 acres, and accept the Excavation Performance Agreement and
the excavation performance bond in the amount of $134,911.20.
Meeting Date: 11/08/2022
Prepared by:
Title: Technician — Growth Management Development Review
Name: Lucia Martin
10/20/2022 4:45 PM
Submitted by:
Title: Environmental Specialist — Growth Management Department
Name: Jaime Cook
10/20/2022 4:45 PM
Approved By:
Review:
Growth Management Department Jaime Cook Division Director
Engineering & Natural Resources Jack McKenna Additional Reviewer
Growth Management Development Review Brett Rosenblum
Growth Management Operations & Regulatory Management Kenneth Kovensky
Growth Management Department
Growth Management Department
County Attorney's Office
Growth Management Department
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Diane Lynch Growth Management Department
Trinity Scott
Transportation
Derek D. Perry
Level 2 Attorney Review
James C French
Growth Management
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke
Additional Reviewer
Geoffrey Willig
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
10/20/2022 4:47 PM
Completed
10/21/2022 7:58 AM
Additional Reviewer Completed
10/21/2022 8:55 AM
Additional Reviewer Completed
10/21/2022 11:04 AM
Completed
10/21/2022 11:42 AM
Skipped
10/24/2022 9:02 AM
Completed
10/24/2022 1:20 PM
Completed
10/26/2022 2:00 PM
Completed
10/26/2022 2:02 PM
Completed
10/26/2022 2:11 PM
Completed
10/26/2022 2:13 PM
Completed
10/27/2022 11:31 AM
11 /08/2022 9: 00 AM
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WILLOW RUN QUARRY EXPANSION
(BAKER PARCEL)
LOCATION MAP
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EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this _ day of
September, 2022 between SD SAN MARINO, LLC, a Florida limited liability company, hereinafter
referred to as "Developer," and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the "Board".
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et aL of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (collectively, the "Excavation
Regulations"); and
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No. PL20210003121 (the
"Excavation Permit").
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
2. Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $134,911.20.
3. In the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
4. The Excavation Work shall not be considered complete until Developer notifies the
County that the Excavation Work is complete and the final Excavation Work is
reviewed and approved by the County Manager or designee for compliance with
the Excavation Regulations.
5. The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, either: a)
notify Developer in writing of his approval of the Excavation Work; or b) notify the
Developer in writing of his refusal to approve the Excavation Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Managers approval of the Excavation Work.
6. In the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation Work. The Board shall have
the right to construct and maintain, or cause to be constructed or maintained,
pursuant to public advertisement and receipt and acceptance of bids, the
Excavation Work. The Developer, as principal under the excavation performance
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security, shall be liable to pay and to indemnify the Board, upon completion of such
construction, the final total cost to the Board thereof, including, but not limited to,
engineering, legal and contingent costs, together with any damages, either direct
or consequential, which the Board may sustain on account of the failure of
Developer to fulfill all of the provisions of this Agreement.
7. All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of Developer.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this day of September, 2022.
SIGNED IN THE PRESENCE OF:
Sign:--��
Printed NardW,
Sign: &nx,
Printed Name
ATTEST:
CRYSTAL K. KINZEL, CLERK
M
Deputy Clerk
Approved as to Form and Legality:
Derek D. Perry
Assistant County Attorney
SD SAN MARINO, LLC
a Florid 11' ' ed ' bi--' mpany
r, Vic re
eith Gel Vice President
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
M
William L. McDaniel, Jr., Chairman
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Bond No. LICX1 214757
PERFORMANCE BOND FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
SD San Marino, LLC
2639 Professional Circle, Suite 101
Naples, FL 34119
(hereinafter referred to as "Owner") and
Lexon Insurance Company
10002 Shelbyville Road, Suite 100
Louisville, KY 40223
615-553-9500
(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.One Hundred Thirty Four
Thousand Nine Hundred Eleven and 20/100 Dollars ($134,911.20) in lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these
presents. Owner and Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for
approval by the Board a certain excavation permit no. PI-20210003121, and that certain
excavation permit shall include specific improvements which are required by Collier County
Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of
the Surety shall commence on the date this Bond is executed and shall continue until the date
of completion of the work and approval by the County of the specific improvements described
in the Land Development Regulations (hereinafter the "Guaranty Period") or until replaced by
a new bond in the event of a change of Ownership.
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties
in accordance with the Land Development Regulations during the guaranty period established
by the County, and the Owner shall satisfy all claims and demands incurred and shall fully
indemnify and save harmless the County from and against all costs and damages which it may
suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay
and expense which the County may incur in making good any default, then this obligation shall
be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that
no change, extension of time, alteration, addition or deletion to the proposed specific
improvements shall in any way affect its obligation on this Bond, and it does hereby waive
notice of any such change, extension of time, alteration, addition or deletion to the proposed
specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind
the Owner and the Surety to the full and faithful performance in accordance with the Land
Development Regulations. The term "Amendment," wherever used in this Bond, and whether
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Bond No. LICX1214757
referring to this Bond, or other documents shall include any alteration, addition or modification
of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 3rd day of August, 2022.
Witnesses:
�(),Mj4 �
Signature
Print Nar�e
Signature
Print Name
STATE OF FLORIDA
COUNTY OF COLLIER
Owner:
SD San Marino, LLC
By:
ith Gelder, ice President
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(Provi Zer Evidence of Authority)
Notarial Acknowledgement
The foregoing instrument was acknowledged before me by means ofX physical presence or
Ei online notarization, this q4r, day of August 2022, by Keith Gelder as Vice President for
SD San Marino, LLC, whoXis personally known or o has produced
identification.
[siginfure of Notary Public]
M 1�69�6e
[printed name of Notary Public]
[the Notary Public's official seal]
W P
4 JUDITH M SEALE
Florida
Notary Public - State of Florida
Commission # HH 046417
X 28 0
Ay Comm. Expires Sep 28, 2024
rT5,
Bonded through National Notary Assn.
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as
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Bond No. LICX1214757
Witnesses:
Signature
Kelsy Hoagland
Print Name
Signikure
Lynnette Long
Print Name
STATE OF.Kentucky
COUNTY OF lefferson
Surety:
Lexon Insurance Company
By:
Susan Ritter, Attorney -in -Fact
(Provide Proper Evidence of Authority)
Notarial Acknowledgement
The foregoing instrument was acknowledged before me by means of physical presence
this 3rd day of August, 2022, by Susan Ritter as Attorney -in -Fact for Lexon Insurance Company
who is personally known to me.
Theresa Pickerrell
NOTARY PUBLIC
STATE AT LARGE, KENTUCKY
ID # 633720
[signature of Notary Public] MY COMMSSION EXPIRES OCT 26, 2023
[the Notary Public's official seal]
Theresa Pickerrell
[printed name of Notary Public]
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I 16.A.4.b I
O— SOMPIO INTERNATIONAL
w / F' r INSURANCE
POWER OF ATTORNEY
11078
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,
Mark A Guidry, Jill Kemp, Lynnette Long, Amy Smith, Deborah Neichter, Theresa Pickerrell, Beth Frymire, Leigh McCarthy, Michael Dix, Susan Ritter, Ryan Britt Kelsy
Hoagland as true and lawful Aftorney(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 aftorney(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 1 51h
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 151h 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 1511 day of
June, 2019.
Endurance Assurance Corporation
By
Richard Appel; 4V4&4L,,§enior Counsel
suraric `%,
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q 2002
DELAWARE
Endurance American
-77 InsurancerCompemy
By:
Richard Appel�,ZVIP,&,Penior Counsel
el can Ins
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W, 1996
%'PELAWARE/'b-7�
,ell
Lexon Insurance Company
ByT 11'—) 1 01;
Richard Appel; S Co
Y,R,4_Senior
ACKNOWLEDGEMENT
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Bond Safeguard
Insurance.Company
By.
insel
RicHard Appeli,,SVP &,5enior'dounse
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SOUTH ',0--
U) DAKOTA �01
-0. INSURANCE
COMPANY
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On this 151h day ofJune, 2019. before me, personally came the above signatories known to me, who being duly swom, did depose and say that hett�OY114hhot)feer ofeach
of the Companies; and that he executed said instrument on behalf of each Company by authority of his o I under thby ws of each Company,-,
By:
;y aylor, Not Ublic My Comm isshn iExpir'es5/W�3
CERTIFICATE
1, the undersigned Officer of each Company, DO HEREBY CERTIFY that:
1 That the original power of attorney ofwhich 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 delwel"ing 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 o recorded and ofjhe whole thereof.
ge-D
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this day of 20 .4-4-
By:
Dame S n . e, e retary
NOTICE: U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFAC)
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 - hftps�//www.treasury.gov/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: LexonClaimAdministrationosompo-inti.com
Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870
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2022 FLORIDA LIMITED LIABILITY COMPANYANNUAL REPORT
DOCUMENT# L15000161696
Entity Name: SD SAN MARINO, LLC
Current Principal Place of Business:
2639 PROFESSIONAL CIR #101
NAPLES, FL 34119
Current Mailing Address:
2639 PROFESSIONAL CIR #101
NAPLES, FL 34119 US
FEI Number: 47-5189790
Name and Address of Current Registered Agent:
COLEMAN, YOVANOVICH & KOESTER, P.A.
4001 TAMIAMI TRIL N#300
NAPLES, FL 34103-3556 US
FILED
Apr 20, 2022
Secretary of State
4135719253CC
Certificate of Status Desired: No
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:
Electronic Signature of Registered Agent
Authorized Person(s) Detail
Title MGR
Name STOCK, BRIAN K
Address 2639 PROFESSIONAL CIR #101
City -State -Zip: NAPLES FL 34119
Title VP
Name GELDER, KEITH
Address 2639 PROFESSIONAL CIRCLE STE
101
City -State -Zip: NAPLES FL 34119
Title VP
Name FERRY. JOHN
Address 2639 PROFESSIONAL CIR #101
City -State -Zip: NAPLES FL 34119
Date
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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 ifmade under
oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
SIGNATURE: BRIAN STOCK MANAGER 04/20/2022
Electronic Signature of Signing Authorized Person(s) Detail
Date
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