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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 2 J 4 5 6 A,ri,l 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>-],, 7 w"-t____r f,+n r r.rr+ r= klaren li 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, :t.,rs 7Z aayor Aflil [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 Printed onna M. Tirone F ots AS IDENTIFICATI 4l Oonna M Tirone NOTARY PUBLIC STATE OF FLORIDA Comn# GG231778 Exdrcs 71412022 ..,ii,i; - Kl,. D DAVIDSoN ,'lZT-\:vr ttotary Pr:blrc State ol Florida :at 'f ,.'' aommB$on, HH 201826'4-!ryr'f' ^,y Co.r. rrprles reb 19, 2026 Eondea !hrouqh latloraL llotary Astn ame '.. * ( t rstnr-l 4' sttl,.#tffiP,. J- (SEAL) r4-EIS-02650/7 [1sL0s-016 /11s3600/1] 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. /*t/r.,rrq,t ^- 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 l. 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 )\ \63r 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 ol r40277.2 CW \\8 31 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 ol140277 2 CW ,l\ 031 -PV?<_ 16.A.4.b Packet Pg. 232 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester) (Requestor's I'lame) (Arldress) (i(kiress) (C,i,//Stale/ZiplPhone C) irr(:(,.1)MAL (3lrs[ress Entrty l']ame) (l)ocunreot l,J!mbc0 Cettifred Copr(ls _ - _ Certrficales of Status _ Specral lnsirucuoi].i Io Filrng Oifrcer u Off rce Use Only llilllllilffi lllilffil lfiillrlll ililliillllilililllililililillillrliillliillllil 200362350242 ?d a.l, -o N c, 1-1 (a (-, ;-1-r r t-r I :> :': =P l-l (f,\,v,itit-t(EF HAR 2 5 1t2t D tr 16.A.4.b Packet Pg. 233 Attachment: Bond Basis (27901 : Excavation Bond Release - Winchester) ,! 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)