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Agenda 03/11/2025 Item #16A 6 (Resolution for final acceptance of the roadway and drainage improvements in Isles of Collier Preserve Phase 15, PL20200002649)3/11/2025 Item # 16.A.6 ID# 2025-395 Executive Summary Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements and acceptance of the plat dedications for the final plat of Isles of Collier Preserve Phase 15, Application Number PL20200002649, and authorize the release of the maintenance security in the amount of $638,231. OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure improvements associated with the subdivision, accept the plat dedications, and authorize the release of the maintenance security. CONSIDERATIONS: 1. The Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Isles of Collier Preserve Phase 15 on June 8, 2022. 2. Isles of Collier Preserve Property Owners Association, Inc. will maintain the roadway and drainage improvements. 3. The required improvements have been constructed in accordance with the Land Development Code. On October 10, 2024, the Growth Management Department inspected them and recommended final acceptance. 4. A resolution for final acceptance has been prepared by staff and approved by the County Attorney's Office. The resolution is a requirement of Section 10.02.05 C of the Land Development Code. A copy of the resolution is attached. This item is consistent with the Collier County strategic plan objective to operate an efficient and customer-focused permitting process. FISCAL IMPACT: Isles of Collier Preserve Property Owners Association, Inc. will maintain the roadway and drainage improvements. The existing security in the amount of $638,231 will be released upon Board approval. The original security in the amount of $2,413,787.20 has been reduced to the current amount of $638,231 based on the work performed and completed pursuant to the terms of the Construction and Maintenance Agreement dated October 1, 2021. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - DDP RECOMMENDATIONS: To grant final acceptance of the roadway and drainage improvements in Isles of Collier Preserve Phase 15, Application Number PL20200002649, and authorize: 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and plat dedications. 2. The Clerk of Courts to release the maintenance security. PREPARED BY: Lucia S. Martin, Project Manager I, Development Review ATTACHMENTS: Page 501 of 4027 3/11/2025 Item # 16.A.6 ID# 2025-395 1. Location Map 2. Bond Basis 3. Resolution 4. Plat Map Page 502 of 4027 ISLES OF COLLIER PRESERVE PHASE 15 LOCATION MAP Page 503 of 4027 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION Ii,4PROVEMENTS THIS CONSTRUCTION AND entered into this isl day of MAINTENANCE AGR October EE l\,,!ENT ,20 21 FoR su 8qHLfl,Ql$.,lW?RovEME Nrs between M nto commJn't,es. LLc hereinafter referred to as "Developer'', and Board of County Commissioners of Collier County, Florida, hereinafter referred lo as lhe "Board" RECITALS: A Developer has, sim of certain plat of a s ultaneously with the delivery ofthis Agreement, applied for the approval by the Board Ubdivision tO be known aS. rsr€soJ colie' p'.s! . phase 15 B. Chapter 4 and 10 of the Collier County Land Developmenl Code required the Developer lo posl appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreemenl for lhe construction of lhe required im provements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafrer set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed:the reqlared subd vrs on improvemenE - see alacned OPC ,.om Eana@ and Associales. tnc within 21 months from the date of approval said subdivision plat, said improvements hereinaffer referred to as the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit'A. and by reference made a part hereof) in the amount of $z,rrgzez zo which amount represents 10% of the totjl conlract cost to complete the construction plus 100% of the estimated cost of to complete the required improvemenls at the dale of this Agreement. ln the event of default by th€ Developer or fa lure 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 improvemenls. The required improvemenls shall not be considered complete until a statement of substantial completion by Developefs engineer along with the final proiect records have been fumished to be revie\,t/ed and ?ppror/ed by the County Manager or his dedgnee for compliance with the Collier County Land Development Code. 2 3 4 5. The County Manager or designee shall, within sixty (60) days of receipl of the statement of substantial completion, either: a) notiry the Developer in writing of his preliminary approval of the improvements; or b) notiry the Developer in writing of his refusal to approve improvements, therewith specifying those condltions which the Developer must fulfll in order to obtain the County Manager's approvat of the improvemenls. Ho'/vever, 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 Agreemenl. 6. The Developer shall maintain all required improvements for a minimum period of one year afier preliminary approval by the County Manager or his designee. Afler the one-year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or designee to inspect the required improvemenls. The County Manager or designee shall inspect the improvements and, if found to be still in cornpliance with the Land Development Code as refected by final approval by the Board. the Board shall release the remaining 10% of the subdivision performance security. The Developeds responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County, Page I of 3 Page 504 of 4027 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 desrgnee 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. ln the event the Developer shall fail or neglect to fulfll 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 indemnifo 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 fulfll 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. lN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this 1s t day of Octrbcr _, 20 21 (Aailtlonal SisnrturGa .u FeIIrrilrr Pera) SIGNEO IN THE PRESENCE OF: ',%/, '/ t-/QWitness: By Printed {ame:kalcut, (rrr \jef-r-,, Evidence of signing authority attachetl hereto as Exhibit _$\Printed Name: Witnes John Caner, Vice President Page 'L oI 3 K*5.*eN&,uR- Page 505 of 4027 7. Six (6) months after the execution of thrs 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 prolect records necessary for review by the County lV'lanager 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. ln 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 secunty, 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 asstgns of the Developer. lN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this 1 day of October ,20 21 Mioto Communities, LLCame of E Witness: i By Printed Name: l{innal-r l.tr' Ctrrn^rirV C Witness Pri (Leo (,-/' e .,t I I I G r,(!{/\ John Carter, Vice President Evidence of signing authority attached hereto as Exhibit'_,p_. ATTEST: CRYSTAL K, KINZEL, CLERK B COUNTY COMMISSIONERSD OF LIER COUNTY C)By De p By Penny Taylor, C atrman legality:et!ryverodpAp Dsrek D. Perry k- Assistant County Attorney Page 3 of 3 SIGNED IN THE PRESENCE OF: Page 506 of 4027 EXHIBIT IIA'' a Page 507 of 4027 KNOW AtL PERSONS BY THESE PRESENTS: that MINTO COMMUNITIES, LtC Tampa . FL 33610 Peoria lL 6'1615 (215) 25s-1866 (hereinafter referred to as "surety") are hel referred to as "County") in the total aggreg (5 2.413.787.20 ) to be made, we bin severally, firmly by requrres THE CONDITION OF THIS OBLIGATI the Board of a certain subdivision p PERFORMANCE BOND BOND NO. ci,,1s0338968 (Name of Owner) (Add ress of Owner) (Address of Owner) (Name of Surety) (Add ress of Surety) (Address of Surety) (Telephone Number) d and firml Yf,,P"'n$,8itto"S.o,ll undred ier Co untv, Flolida. (her I hrrleen I housandate sum of Seven Hu dred Eiohtv Seven and 201100 ein after Dollars in lawful money of the United States, for the payment of which sum well and truly d ourselves, our heirs, executors, administrators, successors and assigns, jointly and these presents. Owner and Surety are used for singular or plural, as the context Owner has submitted for ap rve Phase 15 proval by and that certain subd and Resolut ivision shall include specific improvements which are required by collier county ordinances ions (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 Sood any default, then this obligation shall be void, otherwise to remain in full force and effect. PRovlDED, FURTHER, that the said surety, for varue 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 atreed that the Bond shall be deemed amended autornaticatly and immediately, without formal and separate amendments hereto. so as to bind the ON is such that whereas, the lat named lsles of Collier prese 4042 Patk Oaks Blvd.. Surte 450 (Hereinafter referred to a "Owner") and RLI INSURANCE COMPANY 9025 North Lindberoh Drive Page 508 of 4027 Owner and the Surety to the full and faithful performance in accordance with the Land Oevelopment 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 WHEREgrr day of Se ember 2A21 OF, the parties hereto have caused this PERFORMANCE BOND to be executed this ACKNOWLEDGEMENT SIATE OF FLoLr\ A coUNTYoF 3A.w N THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS oF Ef6aHysrcAL pREsENcE oR E onr-rrur NorARrzAl ONIHISDAYOFGl / II I2OLI , (NAME oF AcKNoWLEDGER) rs \t_.,L.-_L.,rLJ."t20Lt , by (rrrLE) oF ME, OR HAs PRODUCED Notary Public - State of (sEAL) It-oArA NAME OF COMPANY) WHO IS PERSONALLY KNOW TO AS IDENTIFICATION. A-/,1-C.1.,, :aura LaFauCi 5ur Name and Title if Co PAN oration) R lt RAN tle rrero, Attorn -in-Fact (Provide Proper Evidence of Authority) WffItRSSES: \ , -/ ./;./ \:&,.t lowner N a m e a n d Iit loifc6-rEdr\i o n ) IVINTOICOMMLAITIESILLC,. \(,,t*b^i,-ri Priited Name , r l-a) a, ,- hnu^Printed NLme/Title Colt^+Ao"^s Provide Proper Evidence of Authority) Printed Name WITN ESSES '?,nutt /ltnt,t Ri inted Hen AS me Printed Nam Elizabeth Printed Name Claudette Alexander Hunt nted Name i Page 509 of 4027 ACKNOWLEDGEMENT STATE OF FLORTDA couNTY oF MIAMI-DADE THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF E PHySICAL PRESENCE oR oNLtNE NorARtzATtoN THts DAy oF 09 14 20 21 , by Elizabeth Marrero (NAM E OF ACKNOWLEDGER) 45 Attorney-in-Fact (rTLE)Of RLI lnsurance Company NAME OF COMPANY) WHO lS PERSONALLY KNOW TO ME, Notary (sEAL) Public - State of Florida Virginia Reinoso - SEE ATTACHED Printed Name Page 510 of 4027 SURETY ACKNOWLEDGME,NT Notary Public or other officer completing this certificate vcrifies only the identity of the individual who signed thc docurnent to which this ccrtificate is attachcd, and not the truthfulness, , or val of that document. Statc of lrlorida County of Miarni-Dadc On (bcforc me, Virginia Rcinoso, Notary Public, pcrsonally appcarcd who provcd to mc on thc basis of satisfactory cvidcncc to be thc pcrson(s) whose narnc(s) is/arc subscribcd to thc within instrumcnt and acknowlcdgcd to mc that shc cxccutcd thc samc in hcr authorizcd capacity(ics), and that by hcr signaturc(s) on the instrurncnt thc pcrson(s), or the cntity upon bchalf of which the pcrson(s) actcd, cxecutcd thc instrumcnt. I ccrtify under PENAL'IY OIr PERJURY undcr the laws of the Statc of Florida that thc forcgoing paragraph is truc and corrcct. Wll'NI:SS my hand and ofl'rcial scal Signaturc Signature of Notary Public i#i\_:.tary F,ubirc Stat€ of Ftofida Vlrginle Reinoao lty Conm,$on GG 150814 Expr.at 10/11/2021 Page 511 of 4027 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company eo25 r- tJilSff "lr"r-';-:l!l'3i' t u' u " Know All Men by These Presents: That this Power of Attomey is not valid or in elfect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an lllinois corporation, (separately and together, the "Cornpany") do hereby make, constitute and appoint: Claudette Alexander Hunt. Eliza l4arrero. iointlv or severallv in thc City of State of its true and lawlul Agent(s) and Attomey(s) in F'act, with full power and authority hereby conferred, to sign. exccute, acknowle<ige and deliver lor and on its behalf as Surety, in general, any and all bonds and undertakings in an atnount not to excced Twentv Five Million Dollars( S25.000.000.00 ) lor any single obligation. The acknowledgrnent and exccution of such bond by thc said Attomcy in Fact shall bc as binding upon thc Company as ilsuch bond had been executcd and acknowledgcd by the regularly clectcd olllccrs of'thc Conrpany. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicablc, havc cach tirrthcr ccrtified that thc Ibllowing is a truc and cxact copy ol'a Rcsolution adoptcd by thc Board ol'Dircctors olcach such corporation, and is now in {brcc, t<-r-wit: "All bonds, policies, undcrtakings, Powcrs of Attorncy or othcr obligations olthe corporation shall be cxccuted in thc corporatc name of the Company by thc Prcsidcnt, Sccrctary, any Assistant Sccrctary, Trcasurer, or any Vicc Prcsidcnt, or by such othcr officcrs as thc Board of Directors may authorizc. Thc Prcsidcnt, any Vicc Prcsidcnt, Sccrctary, any Assistant Sccrctary, or thc Trcasurer uray appoint Attorneys in Fact or Agents who shall havc authority to issuc bonds, policies or undcrtakings in thc narrrc of the Cornpany. Thc corporatc seal is not ncccssary fbr thc validity ol any bonds. policics, undcrtakings, Powcrs ol Attorncy or other obligations of the corporation. The signature o{'any such officcr and thc corporate seal may bc printed by l-acsimilc." lr- WITNESS WHEREOI', thc RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, havc caused these presents to be exccuted by its respectivc Vice ident with its corporatc scal af fixed this 30th day ol March 2020 RLI Insurance Company Contractors Bonding and lnsurance Company t' i;i*;"fjl?6/ u7'-,i- .oFPoR r7" '. 4tlNorg ALi i i6.It By: Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certifu that the attached Power of Attomey is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof. I have hereunto set mv hand and the seal of the RLI State of lllinois Counry of Peoria )SS On this 30th day of March 2020 , betbre me, a Norary Public, personally appeared Barton W. Davis , who being by me duly swom. acknowledged that he signed the above Power of Attomey as the aforesaid officer of the RLI lnsurance Company' and,/or Contractors Bonding and Insurance Company and acknowledged said instnrment to be the voluntary act and deed ofsaid corporation. Notarv Public RLI Insurance Company Contractors Bonding and lnsu:'ance Cnnrpany Insurance Company and/or Company this l4th day of Contractors Bo and Insurance Sentember. Corporate Secretary OFFICIAI. SEAt JACOUEUNE M BOCKTER XOTARY PUELIC, SIAIE OF ILLINOIS ncoHlssloil EIP|RES ilrr r{ 202 D By: t)9::69til))0:l: By: Jeffrey A0058D I 9 \liarni SEAL \u rrr,,-7h B*n*Jacoue\\locl!/ Page 512 of 4027 EXHIBIT IIB'' Page 513 of 4027 JOINT LNANIMOUS WRITTEN CONSENT OF THE MEMBERS OF MINTO (DELAWARE), LLC, MINTO FLORTDA HOLDINGS, LLC, MINTO FLORTDA DEVELOPMENTS, LLC, MrNTO COMMUTIrTIES, LLC, MINTO ARTESIA,LLC, MINTO LAS OLAS, LLC, MINTO HENRY SQUARE HOLDINGS, LLC, MINTO VILLAS-BY-THE-SEA, LLC, MINTO BRADENTON, LLC, MINTO MARINA, LLC, MINTO MANAGEMENT SER\TICES, LLC, MINTO TITLE, LLC, HOMEBUYERS' FINANCIAL, LLC, MrNTO TOWNPARTq LLC, MrNTO KEI${EDY GRO\.ES, LLC MINTO ITNNRY SQUARE, LLC MINTO MONTERRA, LLC AND MINTO FXL, LLC The undffsigned, constituting all the members (the "Members") of (i) MINTO (DELAWARE), LLC, a Delaware limited tiability company ("MDLLC"), (ii) MINTO FLORIDA HOLDINGS, LLC, a Florida limited liabiliry company (',I\,FH"), (iii) MINTO FLoRIDA DEVELOPMENTS, LLC, a Florida iimited liabitity company ("MFD"), (iv) MINTo COMMLINITIES, LLC, aFlorida limited liability company ('MCLLC"), (v) MINTO ARTESIA, LLC, a Florida limited liability company ("Artesia"), (vi) MINTO LAS OLAS , LLC, a Florida limited liability company ("Las olas"), (vii) MiNTo HENRY SeUARE HOLDINGS, LLC, a Florida limited liability company ("MHSH"), (viii) MINTO ViLLAS-BY-THE-SEA ,LLC,a Florida limited liability company ("VBS"), (ix) MINTO BRADENTON, LLC, a Florida limited liability company ("Bradenton"), (x) MINTO MARINA, LLC, aFlorida limited iiability company ("Marina"), (xi) MINTO MANAGEMENT SERVICES ,LLC,a Florida limited liability company ("MMS"), (xii) MINTO TITLE, LLC, a Florida limited liability company ("Title"), (xiii) HOMEBLTfERS' FINANCIAL, LLC, a Florida limited liability company ("HomeBuyers"), (xiv) MINTo TOWNPARK,LLC, a Florida limited iiability company ("Tow'nPark"), (xv) MiNTO KENNEDY GROVES, LLC, a Florida limited liability company ("Kennedy Groves"), (xvi) MINTO HENRY SQUARE, LLC, a Florida limited liability company ("Henry Square"), (xvii) MINTO MONTERR& LLC, a Florida limited liability company ("Monterra"), &od (xviii) MINTO FXL, LLC, a Florida limited liability company ("FXL" and, collectively with MDLLC, MFH, MFD, MCLLC, Artesi4 Las Olas, MHSH, VBS, Bradenton, Marina MMS, Title, HomeBuyers, TownPark, Kennedy Groves, Henry Square and Monterra, the "Companies" and each, a "Company"), do hereby consent to the following resolutions as of January )l,ZOtl, and direct that this action be filed with the records of each respective Company. {M3015416;1} Page 514 of 4027 \I'HEREAS, Minto Holdings Inc., an Ontario corporation ('MHI"), and FXL are the sole members of MDLLC: WHEREAS, MCLLC Partrerco lnc., an Ontario corporation, and Minto Holdings (Florida) Co., a Nova Scotia unlimited liabiliry company, are the sole msrnbers of MFH and MFD; WHEREAS, MFH is the sole member of MCLLC; WHEREAS, MFD is the sole mernber of Artesia, Las Olas, MHSH, VBS, Bradenton, Marina and Monterra; WHEREAS, MCLLC is the sole member of MMS, Title, HomeBuyers, TownPark and Kennedy Groves; WHEREAS, MHSH is the sole member of Henry Square; and WIIEREAS, MHI and Minto FXL Co., a Nova Scotia uniimited liabiiity company, are the sole members of FXL. NOW, THEREFORE, BE IT RESOLVED that James B. Traxinger is hereby rsrnoved from every manager position he may hold with any of the Companies; RESOLVED, that Monica Gonzalez is hereby rernoved from every manager position she may hold with any of the Companies; RESOLVED, that Michaei J. Belmont ("Belmont") be and herebyis appointed as amanager of each of the Companies, to serve in such capacities until his successor has been duly elected and qualified or untii her earlier resignation, removal or death; RESOLVED, that John F. Carter ("Carter") be and hereby is appointed as a manager of each of the Companies, to serve in such capacities until his successor has been duly elected and qualified or until her earlier resignation, removal or death; RESOLVED, that any and all actions taken to date by Belmont and/or Carter on behalf of the Companies as a manager of the Companies are hereby ratified and approved as fu1iy as if such actions were authorized, approved and consented to priorto their commission even ifBelmont and/or Carter was not a manager at the time such act was committed; and RESOLVED, that this Written Consent may be executed in counterparts, each of which when so executed shall be deemed an original, but all of which such counterparts shall together constitute but one and the same inskument. iM3015416;l ) ISignatures on following pages.] Page 515 of 4027 IN WITNESS WIIEREOF, the undersigned, being ail the Members of all of the Companies, have executed this Joint Unanimous Written Consent effective as ofthe date first above written. MEMBERS of OELAWARE). LLC: MI}.ITO H INC By: Name: Title: By: Title MINTO By: Name Titie: By: I I Title:icC -r e 5rc.\ernf MEMBERS of MNTO FLORIDA HOLDINGS, LLq& MINTO FLORIDA DEVELOPMENTS, MCLLC P CO tNC LLC By: By: Name: Title: Title:( {M30l5al6;l ) Page 516 of 4027 MINTO H GS (FLORTDA) CO i-, t ,. \l- trl -iBy: Name: Title:+ By: ame Title: MEMBE& of MIN'TO COITLIVIINITIES, LLC MINTO HOLDINGS, LLC By: Name: Title: B Title _H _\&CE 'rel:.iclei-rtamecrl e MEMBER of MINTO ARTESIA. LLC. MINTO LAS OLAE II.C, MI}{TO EENRY SOUARE IroLDniGS, Lr,C. MINTO VILLAS-BY-THE- SEA. LLC. MTNTO BRADENTON. LLC. MINTO MARINA. LLC and MINTO MONTERRA. LLC: MIIiTO DEVELOPMENTS, LLC By: Name: Title: Title: V r C€- Pre =i cI e,n*' By: {M3015a16;l } Page 517 of 4027 MEMBER of MD{TO I\{-{NAGEMENT SERVICES. LLC. MINTO TITLE. LLC. HOMEBIIYERS' FINANCIAL. LLC. MI\ITO TOWNPARI( LLC and MII..{TO I(ENNEDY GBOVES. LLC: MII..iTO LLC By: Name: Title: By: Title: MEMBER of MINTO HENRY SOUARE. LLC: MDiTO SQUARE HOLDiNGS, LLC By: Name: Title: By: Title: [Signatures continue on following page] T 1- {M301sal6;1} Page 518 of 4027 MEMBERS of MINTO F"XL. LLC: MINTO H INC. By: Name: Title: By: Title: MINTO FXL By: Name: Title: By: U {M30l5al6;l } Page 519 of 4027 C-ovmty Groivth Management Department Development Review Division May 1,2022 RLI Insurance Company 9025 N. Lindbergh Drive Peoria, IL. 61615 RE: Your Performance Bond No. CMS0338968 / Minto Communities, LLC Isles of Collier Preserve Phase 15 - PL20200002649 - Bond reduction request No. I Dear Sir or Madam: Please be advised that based on the work completed to date, the subject Performance Bond may now be reduced by 51,775,556.20 leaving an available balance of $638,231 .00. This reduction will become effective upon our receipt of the original Bond Rider. Should you have any questions, please advise. Very Truly Yours, S.oAn 4ftouldtvotth Cc: Barraco & Associates Ds/eloFnst Review DMsion.2Sm N(Ih Hase$rc Dive' lh*s, Fqira 31101 .z3g,f,Z-2{0 . H,wmlbgovnd The remaining balance represents $58,021.00 as the required l0% maintenance security, plus $580,210.00 in uncompleted improvements. An original Bond Rider should be directed to this offrce reducing the value of the Bond, "all other terms and conditions of the original Performance Bond shall remain in full force and effect". John R. Houldsworth Senior Site Plans Reviewer .lohn. HouldsuorthiatCol licrCountvF L. gov Page 520 of 4027 BOND NO, ctursosgagoe RIDER To be attached to and form a pa rt of Bond No. cMS0338968 MINTO COMMUN IES, LLCexecuted by as Principal and by RLI INSURANCE CoiilPANY as Surety, in favor of COLLIER NTY.FL and effectivs as of September 14,2021 ln consideration of the mutual agreements herein contained ths Principal and the Surety heroby consent to changing BOND AMOUNT FROM: 117s y;|1;qn Four Hundred Thirteen Thousand Seven Hundred Ei ghty Seven and 20/100 Dollars ($2,413,787.20) TO: Six Hundred Thirtv Eioht Thousand Two Hundred Thi rty One Dollars ($638,231) Nothing herein contained shall vary. alter or extend any provision or condition of this bond except as herein expressly stated. This tider is erfective on the 16th day of June 2022 Signed and sealed this '16th day of June 2022 MINTO COMMUNITIES. LLC Principal BY RLI INSURANCE COi/lPANY Surety BY ro Gonzalez Jr. Attorney-an-Fact Page 521 of 4027 POWER OF ATTORNEY RLI InsursDce Comprny Contractors Bondlng and Insurance Company 9025 N. LirdberShDr. Pcoris,IL 61615 Ktoti llll Mct by Thct. Ptcsc 6; That this Power of Attomey i8 not valid or in Gffect unle$s anached to the bond which it authorizes executed, but rnay be detached by tbe eproYing officcr if d$ired. Claudetrc Alexander Hunt EliT^heth Merr.m Penm Gonzrlez Ir ioin tlv or severallv in the City of Miami , Statc of Florida its tlue and lawful Agen(s) and Attomey(s) in F8ct, with firll power and authority hereby confened, to sign, execute, acknowledge and delivfl for and on is behalf a.s Surety, in general, 8ny and sll bonds and undcrtakings in an amount not to exceed( S25.000.m0.00 ) for any single obtigation. Twentv Five Million Dollars Tbe achowlcdgmcnt atrd execution of such bood by the said Attomey in Fact shall be as binding upon the Company as if such bood had been cxccutcd and acknowlcdged by the rcgularly clccted ofrcers oftle Company. RLI lrrurrrc.! Comprny and/or Contrttors Bondlng rnd Inrurrtrce Company, as applicable, havc cach further certified that the following is a tue and exact copy of a Resolution adopted by the Board ofDirectors of each such corporation, and is now in force, to-wit: "AIl bonds, policies, undcrtakings, Powers of Attomey o! other obligations ofthe corpontion shall be cxecuted in the corporate namc of the Company by thc President, Secretary, any Assistsnt SecFtary, Treasurer, or any Vice President, or by such othcr olficcrs as thc Board of Directon may auttorize. The hesidetrt, any Vicc Prcsideng Secrotary, a[y Assistsnt Secretary, or the Treasurq may 8ppoint Atto.neys in FEct or Agents who shall have authority to issuc bonds, policies or undcrtatings in tbe nam€ ofthe Company. Tbc corporate seal is not nccessary for the validity of any bouds, policies, undertakitr$i, Poweni of Attomcy or other obligations of thc corporation. Tbe sigDture ofany such oIficer and the corporetc scEl may be printcd by facsimile." IN WIINESS WHIiRLOI, the RLI lrsuratrce Company and/or Cotrtrrctors Bonding rnd InEurlncc Comprny, 8s applicable, have caused lhese presenls !o be executed by its rBspcctive Vice Prcsident with its corporsta sesl affixed this _Elb_ day of her 2021 RLI lnrurrrce Compuy Cotrtrac-torr Boldlag rDd loaurrrca Coopary .*i#':,*4z u;"::;t tS'',. rrt or ...+ ...rrs.sllii..a;:, =.1:.i'aruorro:.3;i isell; s 2;*'r''iJ 6/a.By: State of lllinois County of Peoria )CERTITICATE I. rhe odersigned offiqsr of RLI InrurrDct Coop.try rfldor Cotrtrrctorr Boldhg.trd lrrurrtrce Cof,p.try. do hcEby ccrtiry lhst thc attsched Power of Atlorncy is in firll forcc 8nd cff€ct rnd is ilcvocsblci aod furthcrmorc, that tlc Re€olutioD of the Compotry as sct forth in thc Powgr of Attom.y, is now h forcc. ln tcatimony whcteof. I bave hcrcunto sct my haDd ,tld tbc scsl of thc RLI hrurrrct ComD.ly md/or Contrrdort BordLt .trd lrtlr.r.. coEpuy this -t6lL dsy of Iune ,0)7 Badoo W. Davis RLI Irsurlrlce Comprry Cooanctorr Botrding rnd lnturtnc. Comp.ny Vice hesident {oDrate Sacrctary C*.-; C"*- Notary Publio c c.rlrlCErt o.OMIIA. Co$erinc D. Glover By: Jeftey D 4005EDl9 That RLI Iniurrnce Company and/or Contrsctoru Bondlng rnd Insurance Comprny, each an Illinois corporstion, (scpsratcly and logether, the 'Company") do hereby make, constitute and appoint: SS On this 8th dry of Deccmbcr 2021 . beforc me, a Notary Public. persoulty .ppcarrd Bartop W, Drvis , who bcing by mc duly swom, sckDowlcdgcd 6d hc signed the sbove Powet of Attomey rs the aforcsaid offic.r of thc RLI htor.oc. CoDp.ly and/or Codrrctort Bondlog rnd Irtunrct cooprry and rcknowl€dg€d ssid insnument to b€ the volurtary act &rd d.€d of rtid corporatioo. By, Page 522 of 4027 RESOLT]TION NO.25. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS AND PLAT DEDICATIONS IN ISLES OF COLLIER PRESERVE PHASE 15, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 70, PAGES 14 THROUGH 27, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board ol County Commissioners oi Collier County, Florida. on September 14,2021 . approved the plat of Isles of Collier Preserve Phase I 5 fbr recordingl and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41. as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release olthe maintenance security; and WHEREAS. the Development Review Division has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements and plat dedications in Isles of Collier Preserve Phase 15, pursuant to the plat thereof recorded in Plat Book 70, pages 14 through 27. and the Clerk is hereby authorized to release the maintenance security. This Resolution adopted after motion, second and majority vote favoring same, this dav of 2025 DATE: ATTEST: CRYSTAL K. KINZEL, CLERK By' Deputy Clerk Approved as to form and legality: Burt L. Saunders, Chairman Derek D. Perry Assistant County Attomey [25-ErS-05 r 26l t9I8030/l ] BOARD OF COLINTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 ( L Page I of I c40 BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Isles of Collier Preserve Phase 15 will be maintained privately in the future and will not be the responsibility of Collier County. 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