Agenda 03/12/2024 Item #16A 4 (Clerk of Courts to release a Performance Bond for Excavation Permit for work with Winchester)03/12/2024
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $26,280,
which was posted as a guaranty for Excavation Permit Number PL20220001584 for work associated with
Winchester.
OBJECTIVE: To release a security that was posted as a development guaranty.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively as
guaranties for developer commitments in accordance with Section 22-115 of the Collier County Code of
Ordinances. The work associated with this security has been inspected, and the developer has fulfilled his
commitments with respect to this security. The Performance Bond was posted as security for an Excavation Permit
associated with Winchester. The As-Built lake cross sections have been received, and the lakes were inspected on
January 30, 2024, by the Development Review Division.
FISCAL IMPACT: Performance Bond securities are held as a development guaranty and released after work is
performed.
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. - DDP
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the amount of
$26,280. Development Review staff will issue a Memorandum to the Clerk of Courts upon approval of this item,
advising the Clerk of this action.
Prepared by: Lucia S. Martin, Project Manager I, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.4
Packet Pg. 216
03/12/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4
Doc ID: 27901
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $26,280, which was posted as a guaranty for Excavation Permit Number PL20220001584 for work associated
with Winchester.
Meeting Date: 03/12/2024
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
02/02/2024 2:52 PM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
02/02/2024 2:52 PM
Approved By:
Review:
Development Review Brett Rosenblum Additional Reviewer Completed 02/05/2024 2:19 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 02/05/2024 5:16 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/08/2024 8:43 AM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
02/12/2024 5:21 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
02/21/2024 4:19 PM
Unknown Jaime Cook Division Director Completed 02/22/2024 9:14 AM
Growth Management Community Development Department James C French Growth Management Completed
02/27/2024 5:23 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 02/29/2024 9:34 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/01/2024 8:47 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/01/2024 9:20 AM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 03/01/2024 1:52 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 03/04/2024 10:05 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/12/2024 9:00 AM
16.A.4
Packet Pg. 217
WINCHESTER
LOCATION MAP
16.A.4.a
Packet Pg. 218 Attachment: Location Map (27901 : Excavation Bond Release - Winchester)
EXCAVATION PERFORMANCE AGREEMENT
-.-t L,
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this o,1') 6r, o1
2022 between BCHD PARTNERS I LLC hereinafter referred to as "Developer," and
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 3.05.1 0 (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 Reg ulations and Excavation Permit No. PL2O22OOO1584 (the
"Excavation Permit")
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $26.280.00
ln the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
The Excavation Work shall not be considered complete until Developer notifies the
County that the Excavation Work is complete and the final Excavation Work is
reviewed and approved by the County Manager or designee for compliance with
the Excavation Regulations.
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, either. a)
notify Developer in writing of his approval of the Excavation Work; or b) notify the
Developer in writing of his refusal to approve the Excavation Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation Work.
ln the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation Work. The Board shall have
the right to construct and maintain, or cause to be constructed or maintained,
pursuant to public advertisement and receipt and acceptance of bids, the
Excavation Work. The Developer, as principal under the excavation performance
security, shall be liable to pay and to indemnify the Board, upon completion of such
1
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4
5
6
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16.A.4.b
Packet Pg. 219 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
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 provisaons of this Agreement.
All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of Developer.
SIGNED IN THE PRESENCE OF:
sig n:ll>-],,
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BCHD PARTNERS I, LLC
By: Creekside West, lnc.
It's Manager
By: Barron llier lvlanagement, LLC
It's Autho
By:
David B. Genson
Evidence of Signing
hereto as Exhibit "8".
,2022
Authority attached
lN WITNESS WHEREOF, the Board and De have caused this Agreement to beveloper
is rVthexecuted by their duly authorized representatives th day of
Printed Name
Sign , A,ltu;i, il ,t tf.t. 0 .l,UtiI ,/-
Arit tvlln ntt t't l tV tr-I '-
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By
Clerk of the Circuit Court & Comptroller
Collier County, Florida
ed S legality
Deee<
Assistant C
BOARD OF COUNTY COMMISSIONERS
OF COLLIER CO . FLORIDA
By
Jaime Cook, Director
Development Review Division
as designee ofthe County Manager
pursuant to Resolution No. 2015-162
p-
ounty
f6Ras
Attorney I
16.A.4.b
Packet Pg. 220 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
EXHIBIT "A"
PERFORMANCE BOND NO. 790T079764
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: thAt
BCHD PARTNERS I, LLC
2600 Golden Gate Parkway
Naples, Florida 34105
(Hereinafter referred to as "Owner") and
Nationwide Mutual lnsurance Company
'1 '100 Locust Street, Dept 2006
Des Moines, lA 50391-2006
(866) 387-0457
(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 Twentv Six Thousand Two Hundred Eiohtv Dollars
($25.280.00) in lawful money of the United States, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents. Owner and Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the
Board a certain Excavation Permit no. !!!Q!!!QQ!!!{a nd 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 atfect its obligation on this Bond, and it does hereby waive notice of any such change, extension
of time, alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner
and the Surety to the full and faithful performance in accordance with the Land Development Regulations.
The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents
shall include any alteration, addition, or modification of any character whatsoever.
IN WTNESS WHEREOF,
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[1s-rDs,o1654/11s3600/11
the parties hereto have caused this PERFORMANCE BOND to be executed
,2022.
16.A.4.b
Packet Pg. 221 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
EXHIBIT "A"
WITNESSES:BCHD PARTNERS I, LLC
By: Creekside West, lnc.
It's Manager
Printed Name S-\ I n .- t{ o r-J
By: Barron Co ier l,4anagement, LLC
It's Autho Agent
By:
Printed Namepr,r(Y/lh n - 0l't t'u David B. Genson
ACKNOWLEDGEMENT
TH
PHY
DAVID B, GENSON , OF BARRON COLLIER MANAGEI\4ENT, LLC,
ME, OR HAS PRODUCED OF AS IDENTIFICATION
N ry Public - State of Florida
t\
STATE OF FLORIDA
COUNry OF COLLIER
REGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE
SICAL PRESENCE OR ON}-INE NOTARIZATION THISZ/h DAY OF
OF
2022 BY
OWN TO
A t ,r,) t .r tr 11 an,t,,l // /.uttt-
l.-r
ME BY MEANS
Nati e M utua I lnsu ance Cdm
By:
Charity Moser, Attorney-ln-Fact
(Provide Proper Evidence of Authority)
ACKNOWLEDGM ENT
ONLINE NOTARIZATI N THIS DAY OF
LYK ,'';I
Printed Name (,,i N 9av.kon
WITNESSES:
Printed Name: La uren Bradley
ert l,t,my,.
T\
Printed Name: Doris Wiggins
.THE FOREGOI'fffl:"ai RES C h o trNG PERFORMANCE BOND WAS ACKNOWLEDGED BE F EMEBYM NSO
E f
pERSONALLy KNO\ /N O ME, OR HAS PRODUCED OF
Nota bric-stateof flflridA
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AS IDENTIFICATI 4l
Oonna M Tirone
NOTARY PUBLIC
STATE OF FLORIDA
Comn# GG231778
Exdrcs 71412022
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16.A.4.b
Packet Pg. 222 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
KNOW ALL I\4EN BY THESE PRESENTS THAT:
Nationwide Mutual lnsurance Company, an Ohio corporation
hereinafter refened to severally as the "Companf and collectively as "the Companies" does hereby make, constilute and appoint
CHARITY A MOSER] DOUGLAS E BAIRD;
each in their individual capacity, its true and lawful attomey-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and
undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of
UNLIMITED
and to bind the Company thereby, as fully and to the same extent as if such inslruments were signed by the duly authorized officers ofthe Company; and all acts
of said Attomey pursuant to the authority given are hereby ratified and contirmed.
This powor of attomey is made and executed pursuant to and by authority ofthe following resolution duly adopted by the board of directors of the Company:
0000053629Power of Attorney
"RESOLVED, that the president, or any vice president be, and each hereby is. authorized and empowered lo appoint attomeys-in-fact of the Company,
and to authorize them to execule and deliver on behalf ofthe Company any and all bonds, forms, applications, memorandums, underlakings,
recognizances, lransfers, contracls of indemnity, policios, contracts guaranteeing the lldelity of persons holding positions of public or private trust, and other
writings obligatory in nature that the business ofthe Company may require; and to modily or revoke, with orwithout cause, any such appointment or
authority provided. however, that lhe authority grantod hereby shall in no way limit the authority ofother duly authorized agents to sign and countersign any
of said documents on behallofthe Company."
"RESOLVED FURTHER, that such attomeys-in-fact shall have full power and authoriv lo execute and deliver any and all such documents and to bind the
Company subject to the tenns and limitations ofthe power o, attomey issued to them, and to afiix the sealof the Company thereto; provided, however, that
said seal shall not be necessary for the validity of any such documents."
This power of attom€y is signed and sealod under and by the following bylaws duly adopted by the board of directors of the Company
Exocution of lnstruments. Any vice president, any assistant secretary or any assistant h6asuror shall have the power and autho rilyto sign or attest all
a-proned documanG;inalruments, contracts. or other papers in connection with the operation ofthe business of the company in addition to the chairman of
the board, the chiefexecutive offcer, prosident, treasurer or soqetary: provided, howev6r, the signaturo of any of them may be printed, 6ngraved, or
stamped on any approved document, contract, instrument, or othoa papers of the Company.
lN WITNESS WHEREOF, the Company has caused this inskument to bo sealed and duly attested by the signature of its officer lhe 20th day of Augusl, 2021
Antonio C- Albanese, Vice Prealdent of Nationwide Mulual lnsurance Company
ACKNOWLEDGMENT
fsft?\rtfr\$-'
STATE OF NEW YORK COUNTY OF NEW YORK: ss
On this 20th day of Augusl, 2021, before me came the above-named officer for the Company
aforesaid, to me personally known to be the offcer described in and who executed the preceding
inshum€nt, and he acknowledgod the execution ofthe same, and being by me duly
sworn, deposes and says, that he is the ofiicer ofthe Company aforesaid, that the sealaffixed
hereto is the corporate seal of said Company, and the said corporate seal and his signature were
duly affxed and subscribed to said instnrment by the authority and direction of said Company.
n&,-Siephanio Rubino McArthur
Notary Public, St 16 of N€w Yorl
No.02MC6270117
qualfred in N6w Yol( Counv
c.mmisson Frores ocrober 10 ?024
CERTIFICATE
l, Laura B- Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a tull, Uue and conect copy of the original power of attomey issued
bythe Company; that the resolution included therein is a true and conect transcript from the minutes ofthe meetings ofthe boards of directors and the same has
not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution ofthe foregoing power of attorney the duly elected
ofricer ot the Company, and the corporate sealand his signature as officer were duly affxed and subscribed to the said instrument by the authority of said board
ofdirectoG; and the foregoing power of allomey is still in fullforc€ and effect.
lN,J4,/ITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and afiixed th€ corporate soal of said Company tnis !$ day ofka(t\ ,2o2L
ddr,,4r. g.at
Assistant Secretary
BDJ 1(08-21)00
nghl,hand corner contact us aI212 329-6900 il this d@ument is rcid or il you have any quoslions.
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16.A.4.b
Packet Pg. 223 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
EXHIBIT IIB"
Signing Authority
16.A.4.b
Packet Pg. 224 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
ACTION BY UNANIMOUS CONSENT
AND
DESIGNATION OF AUTHORITY
OF
CREEKSIDE WEST, INC
Effective as of Januara 1, 2015
The undersigned, being all of the shareholders (the "Shareholders") of Creekside West,
Inc, a Florida corporation (the "Corporation"), who would be entitled to vote upon the actions
hereinafter set forth at a meeting of the Shareholders of the Corporation, do hereby adopt and
consent to the following actions to the same extent, and with the same force and effect, as if
adopted at a meeting ofall ofthe Shareholders of the Corporation:
This Action By Unanimous Consent and Designation of Authority (the
"Designation") hereby supersedes any and all designations of authority executed
and adopted by the Shareholders on behalf of the Corporation prior to the date
hereof (collectively, "Prior Designations") and the Shareholders hereby revoke
any and all such Prior Designations. This Designation shall remain in full force
and effect until revoked in writing by the Shareholders.
The Shareholders unanimously consent to Barron Collier Management, LLC, a
Florida limited liability cornpany being named the authorized agent of the
Corporation ("Authorized Agent") in accordance with the terms hereof and
consent to the grant of authority to the officers of Barron Collier Management,
LLC in accordance with the Statement of Authority of Barron Collier
Management, LLC as filed pursuant to Section 605.0302(l), Florida Statutes and
recorded in the Official Records of Collier County, Florida at O.R. Book 5108,
Page 2218 as such Statement of Authority may be amended from time to time.
AII instruments of conveyance, mortgages, contracts, instruments and documents
executed by Barron Collier Management, LLC, in its capacity as Authorized
Agent ofthe Corporation, shall be deemed to have been properly authorized by all
appropriate actions made by all of the Shareholders. Further, all instruments of
conveyance, mortgages, contracts, instruments and documents (and any
amendments, modifications and/or supplements thereto) executed by Barron
Collier Management, LLC, in its capacity as the Authorized Agent of the
Corporation, shall be binding upon the Corporation.
This Designation may be executed in any number of counterparts, each of which shall be
deemed an original instrument, and said counlerparts shall constitute but one and the same
instrument which may be sufliciently evidenced by one counterpart.
The undersigned Shareholders do hereby unanimously agree, consent and aflirm that the
actions authorized in this Designalion shall have the same force and effect as if taken at a duly
constituted meeting of the Shareholders of the Corporation, hereby waive all formal
requirements, including the necessity of holding a formal or informal meeting, and any
requirement that notice be given, and hereby direct that this Designation be made a part of the
minutes of the Corporation.
2
3
BAR RON COLLIER COFILE NUMBER
\\931ol140277.2 CW
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16.A.4.b
Packet Pg. 225 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
By:
By:
By:
By:
By:
By:
By:
By:
By:
R. Blakeslee Gable
A Sllareholder
M. Wells Gable
A Shareholder
Christopher D. Villere
A Shareholder
Larnar G. Villere
A Shareholder
Mathilde V. Currence
lder
Phvllis Alden
lderA
ne C. Sproul
A Shareholder
Juliet A. Sproul
A Shareholder
fer ulli van
A Shareholder
Juliet C. Sproul
A Shareholder
1998 BARRON COLLIER III
IRREVOCABLE CHILDREN'S TRUST
A Shareholder
B
uliet C. Sprou
1
BARRON COLLIER CO
FILE NUMBER
\ \ 86-1or t40277 2 CW
16.A.4.b
Packet Pg. 226 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
By:
R. Blakeslee Cable
A Shareholder
. Wells Gable
A Shareholder
By:
Christopher D. Villere
A Shareholder
By:
Lanrar G. Villere
A Shareholder
By:
Mathilde V. Currence
A Shareholder
By:
Phyllis G. Alden
A Shareholder
By:
Katherine G. Sproul
A Shareholder
By:
Juliet A. Sproul
A Shareholder
By'
Jennifer S. Sullivan
A Shareholder
By:
Juliet C. Sproul
A Shareholder
I998 BARRON COLLIER III
IRREVOCABLE CHILDREN'S TRUST
A Shareholder
By:
Juliet C. Sproul, Trustee
7
BARRON COLLlER CO
FILE NUMBER
\\8j-1
ol r10277 2 CW
By:
16.A.4.b
Packet Pg. 227 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
By:
R. Blakeslee Cable
A Shareholder
By:
M. Wells Cable
hareholder
By:
D. Villere
A Shareholder
By:
Lamar G. Villere
A Shareholder
By:
Mathilde V. Currence
A Shareholder
By:
Phyllis G. Alden
A Shareholder
By:
Katherine G. Sproul
A Shareholder
By:
Juliet A. Sproul
A Shareholder
Jennif'er S. Sullivan
A Shareholder
By:
Juliet C. Sproul
A Shareholder
I998 BARRON COLLIER III
IRREVOCABLE CHILDREN'S TRUST
A Shareholder
By:
Juliet C. Sproul, Trustee
,,l\ B3-1
BARRON
FILE
COLLIER CONUMBER
or t40277.2 CW
By:
16.A.4.b
Packet Pg. 228 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
By:
R. Blakeslee Gable
A Shareholder
By:
M. Wells Gable
A Shareholder
By:
Christopher D. Villere
A Shareholder
By:X*---\(.:-
Lamar G. Villere
A Shareholder
By:
Mathilde V. Currence
A Shareholder
By:
Phyllis G. Alden
A Shareholder
By:
Katherine G. Sproul
A Shareholder
By,
Juliet A. Sproul
A Shareholder
By:
Jennifer S. Sullivan
A Shareholder
By:
Juliet C. Sproul
A Shareholder
I998 BARRON COLLIER III
IRREVOCABLE CHILDREN'S TRUST
A Shareholder
By:
Juliet C. Sproul, Trustee
2 \ \631
BARRON COLLIER CO
FILE NUMBER
o1t40277.2 CW
16.A.4.b
Packet Pg. 229 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
By:
R. Blakeslee Gable
A Shareholder
By:
M. Wells Gable
A Shareholder
By:
Christopher D. Villere
A Shareholder
By:
Lamar G. Villere
A Shareholder
By:
a ilde V. Currence
A Shareholder
By:
Phyllis C. Alden
A Shareholder
By:
Katherine C. Sproul
A Shareholder
By:
Juliet A. Sproul
A Shareholder
By:
Jennifer S. Sullivan
A Shareholder
By:
Juliet C. Sproul
A Shareholder
I998 BARRON COLLIER III
IRREVOCABLE CHILDREN'S TRUST
A Shareholder
By:
Juliet C. Sproul, Trustee
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BARRON corlree co
NUMBER
ol r40277 2 CW
16.A.4.b
Packet Pg. 230 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
By:
R. Blakeslee Gable
A Shareholder
By
M. Wells Gable
A Shareholder
By:
Christopher D. Villere
A Shareholder
By:
Lamar C. Villere
A Shareholder
By:
Mathilde V. Cunence
A Shareholder
By:
Phyllis G. Alden
A Shareholder
By:
Katherine G. Sproul
hareholder
By L
iet A. Sproul
A Shareholder
By:
Jennitbr S. Sullivan
A Shareholder
By:
Juliet C. Sproul
A Shareholder
I998 BARRON COLLIER III
IRREVOCABLE CHILDREN'S TRUST
A Shareholder
By:
Juliet C. Sproul, Trustee
t3AltRor! coLLrER co
FILE NUMBER
1
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16.A.4.b
Packet Pg. 231 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
JULIET C SPROUL FAMILY INHERITANCE
TRUST
A Shareholder
By:
P trick R. George, Trustee
3
I3ARRON a -,LLlER CO
FILE I.IUMBER
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16.A.4.b
Packet Pg. 232 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
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Packet Pg. 233 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
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CORPORATION SERVTCE COMPANY
120l- Hays Street
TaIIhassee, FL 32301
Phone: 850-558-1500
ACCOUNT NO.
REFERENCE
AUTHORI ZATION
COST LIMIT
r20000000195
'728058 710 3l- 5 2
/25.00
ORDER DATE :
ORDER TIME :
ORDER NO. :
CUSTOMER NO:
March 23, 2Q2l
LT:2? AM
728058-005
'71o3t52
DOMESTIC AM ENT FI LING
NAME BARRON COLLIER MANAGEMENT, LLC
EFFECTIVE DATE :
ARTICLES OF AMENDMENT
RESTATED ARTICLES OF INCORPORATION
PLEASE RETURN THE FOLLOWING AS PROOF OF FILING:
CERTIFIED COPY
PLATN STAI4PED COPY
CERTIFICATE OF GOOD STANDING
Eyliena Baker -- EXT#
EXAMINER'S INITIALS:
CONTACT PERSON:
16.A.4.b
Packet Pg. 234 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
l)ursuant to Sec(ion 605.0302(2). Florida Statutes, this limited liabilitl' company (the
''Company") submits the follorving amended and restatcd slalement of authoritl-:
This amended and restated stalcmcnt ofauthoritl'amends and restates, in its enrircq', lhat certain
slatement of authoriry filed by the Company on October 22, 20 I 8 rvith thc l'lorida Secrctary of
State.
FIRST: 'l'hc nan:e of thc Compzrny is Barron Collier Management. Ll-C.
SECOND: Ihe Conrpany rvas registered with thc Florida Departmenl of'Srare on
Decenrbcr 3, 20 l4 and assigned docurnenl nurnber L 140001 85495.
THIRD: The street and mailing addres.s of the Conrpany's principal oflice is:
2600 Goldcn Cate Parkrvay
r.Naples. FL 34 105
FOURTH: I'his amended and restated slalement of authority shall be deemed effectilc
as of thc date it is filed rvith thc Florida Secretan, ol Statc.
}'IF1'H: This arrrended and restated sutcmcnt of authority grants any tu,o (2) ofrhe
folk-rrving olficers, acting togelher. authority to execulc any deed, prornissorl, note, bond,
nrongage. security agreement, loan agree,ncnr, guefanty asrcement and any nrodification.
amcndment or supplemcnt thereto, on behallol'the Company including, but not lirnited to. in its
capacity as a General Pa(ner of Barron Collier Partnership, LL[- P or in its capacity as rhe Manager
orAuthorizedAgenlfbroneormoreothcrcntilics:
Name:
Posit ion
Address
Nanrc:
Position:
r\ddrcss:
Barron G. Collier. Ill
Director
2600 Golden Cate Parkrvay
Naples, FL 34105
Blakc Cablc
President
2600 Goldcn 6ate Parkway
Naples, FL 34105
David Genson
Presidcnt of Development
2600 Golden Catc Parkway
Naplcs, FI- 34105
I-l
rl
ij
C)
{
AMENDED I\ND R-ES]'N ED STA1'EiVIENT OF AUI'I'IORITY OI'
IJARRON COLI..l[R ]r4r\NACElvlENl'. r-l.C
Namc:
Position:
Address:
16.A.4.b
Packet Pg. 235 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
SIXTH: 'l'his slatement rrf autlurrity gratrls atty onc (i) ol the follorving of ficers,
acting alone. authority to execule an'i'contract, aBrccmcnt, instrulnenl or documcnt. other than
thosc refened to in Paragraph Filth abovc, on bchalfol'the Conlpany:
Name:
Position:
Address:
Narne:
Position:
i\ddrcss:
Name:
Position:
i\ddrcss:
Namc:
Position:
Address:
Name:
Position:
Addrcss:
Nanrc:
Position:
r\ddress:
Name:
Position:
Address;
Namc:
Position:
Addrcss:
Brian Coguen
Chief lnvestn:ent OIfi cer
2600 Coldcn Gate Parkrvay
Naples, FL 34105
Jeff Sonalia
Chiel ljinu':cial Offi ccr
2600 Goldcn Gate Parkrval'
Naples. FL 34105
Bradley A. Boaz
Ilxecutivc Vice l'rcsidcnt
2600 Golden Gatc Parkrvay
Naplcs, FI. 34105
Barron C. Collicr, III
Director
2600 Golden Catc Parkway
Naplvs, Fl. 34105
Blake Gable
President
2600 Coldcn Gate Parkway
Naplcs, Fl- 3,1105
llrian Coguen
Chief Investrnent Offi cer
2600 Colden Catc Parkrvay
Naples, FL 34105
Jeff Sonalia
Chiel Financial Officcr
2600 Golden Gate Parkrval,
Naples. t:L 341 05
David Censon
Prcsident of Developlncnt
2600 Golden Cate Parkrvay
Naples. FL 34105
16.A.4.b
Packet Pg. 236 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
Name:
Position:
Address:
llradley A. Boaz
Executive Vice Presrdent
2600 Golden Gate Parkrvay
Naples, FL 34105
Signed this / ":' day of March, 202 i.
t,LT
John FAV Cecil.
Cdairman of the Boald
16.A.4.b
Packet Pg. 237 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
CONSEN'r OF THII BOARD OF DIR-ECTORS
OF BARRON COLI,IER MANAGEMENT. LLC
TO ACTION IN LIEU OF A MEE'I'ING OF THE BOARD OF DIRECTORS
' This Corsent may be executed in multiple counterpans, each oflvhich shall bc deemcd to
be an original, but all such scparate counlerparts shall toBether constitute one and the samc
insuument. Dclivery of ar cxecuted courtcrpart by facsimile hansmission shall be deemcd
equally effectivc as a manually executed counlcrpart hereof.
Executed effective as of rhe / .j' day of March, 2 I
,.a-
Barron G. Collier
Lanrar Villere
rp CI
Juliet A. Sproul
Isea Kundc
ha Fr\V Cecil
!,.
Thomas Senkbcil
'fhe undersigned, being atl ofthe mernbers of the Board of Directors ofBARRON
COLLIIIR IvIANACEMENT, LLC. a Florida linrited liability company (the "Company''),
hereby grant aulhority to any two (2) ofthe officcrs of the Con)pany to execule any deed,
pronrissory note. bond, moflgagc, sccurity agreement, Ioan agreemcnt, guamnty agreenrent and
any modification, amendment or supplement thercto (the "Major Instruments and
AgrecmcDts"), and for any one (l) ofsuch officers Io exccute any contract, agreemenl,
insrrument or document other than lvlajor Instruments and Agreenrenls, and to enter into other
transactions on behalfol, or otherwise act for or bind, the Company. l-urther, the Chair ofthe
Board of Directors, or any officer ofthe Company, is authorized to executc a Statement of
Aurhority with respect to the foregoing authorizations in thc form of the Statement ofr\uthority
afiached hereto as Exhibit A, and to cause such Statement of Authority to be filed rvith the
Depanment of State ofthe State ofFlorida, and to file a certified copy thercofin the public
records of Collier Counry, !-lorida and in any other county rhat the officers deenr advisable.
16.A.4.b
Packet Pg. 238 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)
2022 FLOHIDA LIMITED LIABILITY COMPANYANNUAL REPORT
DOCUMENT# L'1 6000029998
Entity Name: BCHD PARTNERS l, LLC
Current Principal Place of Business:
2600 GOLDEN GATE PARKWAY
ATTN: DAVID GENSON
NAPLES, FL 34105
Current Mailing Address:
2600 GOLDEN GATE PARKWAY
ATTN: DAVID GENSON
NAPLES. FL 34105 US
FEI Number: 81-1464785
Name and Address of Current Registered Agenl:
Certificate of Status Desired: No
FILED
Apr 29,2022
Secretary ol State
1846367577CC
GENSON. DAVID
2600 GOLDEN GATE PARKWAY
NAPLES. FL 34105 US
Tho above nahed enlity submits this slat?ment fot lhe puryose ol changing its registe@d office ot rcgislercd agent, ot both, in the State of Florida
SIGNATU RE:
Electronic Signature of Registered Agent
Authorized Person(s) Detail :
TitIE MGR
Name CREEKSIDE WEST, lNC.
Address 2600 GOLDEN GATE PARKWAY
City-State-Zip: NAPLES FL 34105
Date
that ny nane appearc abave, at on an atlachdenl wilh allothet like enpowercd.
STGNATURE: BRADLEY A. BOAZ V/SiT OF MGR 04/29/2022
CREEKSIDE WEST, INC.
Electronic Signature oi Signing Authorized Person(s) Detail Date
16.A.4.b
Packet Pg. 239 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester)