Agenda 04/08/2025 Item #16A 2 (Resolution - For the final acceptance of a private roadway and drainage improvements for the final plat of Collier Preserve Phase1)4/8/2025
Item # 16.A.2
ID# 2025-697
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 1, Application Number
PL20120001474, and authorize the release of the maintenance security in the amount of $165,174.75.
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. On November 15, 2016, the Growth Management Department granted conditional final acceptance of the
roadway and drainage improvements in Isles of Collier Preserve Phase 1.
2. Minto Sabal Bay, LLC and 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. The
Growth Management Department inspected the improvements on January 27, 2025, and is recommending final
acceptance of the improvements.
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: Minto Sabal Bay, LLC, and Isles of Collier Preserve Property Owners Association, Inc will
maintain the roadway and drainage improvements. The existing security in the amount of $165,174.75 will be released
upon Board approval. The original security in the amount of $3,693,819.73 has been reduced to the current amount of
$165,174.75 based on the work performed and completed pursuant to the terms of the Construction and Maintenance
Agreement dated September 23, 2013.
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 1, Application Number PL20120001474, 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
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4/8/2025
Item # 16.A.2
ID# 2025-697
ATTACHMENTS:
1. Location Map
2. Bond Basis
3. Resolution
4. Plat Map
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ISLES OF COLLIER PRESERVE PHASE 1
LOCATION MAP
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into
this� day of September • 20 13 between Minto Sabal Bay, LLC hereinafter referred to
as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred
to as the "Board.
RECITALS:
A.Developer has. simultaneously with the delivery of this Agreement, applied for the approval by
the Board of a certain plat of a subdivision to be known as: "Isles of Collier Preserve Phase 1"
B.Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision
regulations, said guarantees to be incorporated in a bonded agreement for the construction of
the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter
set forth, Developer and the Board do hereby covenant and agree as follows:
1.Developer will cause to be constructed: the required subdivision improvements -see
attached OPC from Barraco and Associates, Inc. within 12 months from the date of approval
said subdivision plat, said improvements hereinafter referred to as the required
improvements.
2.Developer herewith tenders its subdivision performance security (attached hereto as Exhibit
"A" and by reference made a part hereof) in the amount of $3,693,819.73 which amount
represents 10% of the total contract cost to complete construction plus 100% of the
estimate cost of to complete the required improvements at the date of this Agreement.
3.In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County, may
call upon the subdivision performance security to insure satisfactory completion of the
required improvements.
4.The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have
been furnished to be reviewed and approved by the County Manager or his designee for
compliance with the Collier County Land Development Code.
5.The County Manager or his designee shall, within sixty (60) days of receipt of the statement
of substantial completion, either: a) notify the Developer in writing of his preliminary
approval of the improvements; or b) notify the Developer in writing of his refusal to approve
improvements, therewith specifying those conditions which the Developer must fulfill in
order to obtain the County Manager's approval of the improvements. However, in no event
shall the County Manager or his designee refuse preliminary approval of the improvements
if they are in fact constructed and submitted for approval in accordance with the
requirements of this Agreement.
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Bond No. 80100994
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Minto Communities, LLC
4400 W. Sample Road, Suite 200
Coconut Creek, FL 33073
(hereinafter referred to as "Owner", and
The Guarantee Company of North America (USA)
One Towne Square, Suite 1470
Southfield, Ml 48076
(hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida,
(hereinafter called "County"), in the total aggregate penal sum of Three Million Six Hundred
Ninety Three Eight Hundred Nineteen and 73/100 Cents. ($ 3,693,819.73 ) 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,
finnly by these presents. Owner and Surety are used for singular or plural, as the context
requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted
for approval by the Board of a certain subdivision plat named Isles of CoHier Preserve
Phase 1 and that certain subdivision shall include specific improvements which are required
by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations").
This obligation of the Surety shall commence on the date this Bond is executed and shall
continue until the date of final acceptance by the Board of County Commissioners of the
specific improvements described in the Land Development Regulations (hereinafter the
·'Guaranty Period").
NOW THEREFORE, if the Owner shall well, truly and faithfully perform its
obligations and duties in accordance with the Land Development Regulations during the
guaranty period established by the County, and the Owner shall satisfy ail 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 ail outlay and expense which the County may incur in making good any
default, then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates
and agrees that no change, extension of time, alteration, addition or deletion to the proposed
specific improvements shall in any way affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition or deletion to the
proposed specific improvements
PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed
amended automatically and immediately, without fom1al and separate amendments hereto,
upon amendment to the Contract not increasing the contract price more than twenty percent
(20%), so as to bind the Owner and the Surety to the full and faithful performance of the
contract as so amended. The term "Amendment", wherever used in this bond, and whether
referring to this bond, the Contract 0r other documents shall include any alteration, addition or
modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this Performance Bond to be
executed this
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06 th day of September, 20 Ll_. WITNESSES:
No� hlof/1111161> Printed Name � �
Minto Communities, LLC
B�_5Jt-c:§ Printed Name/Title $�e.� s,,,tLlvf> (Provide Proper Evidence of Authority)
ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF MIAMI-BA9Ei3R,o'f\JA?.h THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF £,fl'e.mb1C ,I I o I 20 I 3 , BY .S fe '1( .,{ v of?-----�-� _____ (NAME OF ACKNOWLEDGER) AS '\f � c.,t.. f c,,..s � Jtoi: (TITLE) OF MINTO COMMUNITIES, LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED ____ AS IDENTIFICATION.
WITNESSES:
Matthew Tahbaz
The Guarantee Company of North
America USA
By: cb A 1££,tClaudette Alexander Hunt, Attorney-in-Fact (Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
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ST A TE OF FLORIDA COUNTY OF MIAMI-DADETHE FOREGOING BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 06th/ SeptemberL 20.Ll_, BY CLAUDETTE ALEXANDER HUNT___ (NAME OF ACKNOWLEDGER) AS ATTORNEY-IN-FACT (TITLE) OF THE GUARANTEE COMPANY OFNORTH AMERICA USA WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED FLLICENSE AS IDENTIFICATION.Notary Public -State of Florida(SEAL)� "tamG.Griffin
4.�:{Ji._.·� WILLIAM GREFE GRIFFIN {� • .& • MY COMMISSION #FF027729 \1�0,� EXPIRES June 16. 2017
(401l"iee.0153 Florld�NotaryService.com
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THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Claudette Alexander Hunt, Caroline Kristin Lama"e, Joseph Michael Pietrangelo
Aon Risk Services, Inc. of Florida
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
We, THE GUARANTEE COMPANY OF NORTH AMERICA USA, duly authorized to do business under the laws of Florida, having heretofore executed
a performance and payment bond for the Contractor covering the contract described above, hereby consent to the State of Florida Department of
Transportation making full payment of the final estimate, including the retained percentage, to the Contractor.
It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or
its assignee, shall not relieve this surety company of any of its obligations under its bond.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"' day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1.To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2.To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 31" day of December 2003, of which the following is a true excerpt
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer. this 15th day of November, 2011.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN
County of Oakland
Stephen C. Ruschak, Vice President Randall Musselman, Secretary
On this 15th day of November, 2011 before me came the individuals who executed the preceding instrument, to me personally known, and being by me
duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of • Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
My Commission Expires February 27, 2012
Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMP ANY OF NORTH AMERICA USA, which is still in full force and effect.
IN WITNESS WHEREOF. I have thereunto set my hand and attached the seal of said Company thi!(_)'.:;./ay of s:-f' fr ,vi t < --Z0 ) _5
- -� ,C
Randall Musselman, Secretary
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eof-.er Gou.my -� _, ---Gt'O\A/th Management Department
De velopment Review Division
April 8, 2014
The Guarantee Company of North America (USA)
One Towne Square, Ste. 1470
Southfield, MI. 48076
RE: Your Performance Bond No. 80100994 / Minto Communities, LLC
Isles of Collier Preserve Phase 1
Dear Sir or Madam:
Please be advised that based on the work completed to date, the subject Performance
Bond may now be reduced by $2,530,579.50, leaving an available balance
of $1,163,240.23. An original Bond Rider should be directed to this office reducing the
value of the Bond, "all other terms and conditions of original Performance Bond shall
remain in full force and effect"
Very Truly Yours,
/j-olui cfioultbWCKtA
John R. Houldsworth
Senior Site Plans Reviewer
Cc: Barraco & Associates
--------Ci>--------
Develoimert Review DMSion • 2800 Na1h Horneshoe Drive • Naple s, Aai:ta 34104 • 239-252-2400 • www.coliergov net
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C-Ottt*y
Gro,vth Management Department
Development Revierrv Division
December 7,2016
The Guarantee Company of North America (USA)
One Towne Square, Ste. 1470
Southfield, MI. 48076
RE: Your Performance Bond No. 80100994 / Minto Communities, LLC
Isles of Collier Preserve Phase 1 - PL2012000147 4
Dear Sir or Madam:
Please be advised that based on the work completed to date, the subject Performance
Bond may now be reduced by $998,065.48, leaving an available balance of$165,174'75'
The remaining balance represents 150% of the estimated cost to complete the final
paving improvements.
An original Bond Rider should be directed to this office reducing the value ofthe Bond,
..all other terms and conditions of original Performance Bond shall remain in full force
and effect"
Very Truly Yours,
$oAz 1ftoulltvot;t[
John R. Houldsworth
Senior Site Plans Reviewer
Cc: Barraco & Associates
oai ebpn€r{ Re{ew tloi$n. 28& fldfi H(Ise$e Ddve . MFs, Hnila 34104.23g?5.2-2AN . **wmlslovnd
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BO ND NO. eor ooqqa
RIDER
To be attached to and form a part of Bond No.80100994
exec uted by MINTO COMMUNITIES, LLC as Principal
and by THE GUARANTEE COMPANY OF NOBTH Ai\.4EH|CA USA as Surety,
in favor of COLLIER COUNTY, FL '
and effectivo as of Sept ember 6. 2013
ln consjderation of the mutual agreements herein contained the Principal and the Surety hereby consenl to
chang ing Bond Amounl
FROM: One Mi lion One Hundred Sixty Three Thousand Two Hundred Fortyand23/100 Dollars ($1,163,240.23)
TO: One Hundred Sixty Five Thousand One Hundred Seventy Four and 751100 Dollars ($165,174.75)
Nothing herein contained shall vary, alter or extend any ptovision or condition of this bond except as herein
expressly stated. This rider is effective on the 7th day of December , 20'1 6
Signed and sealed this 4th day of January 2417
MINTO COI\,,II\,4UNITIES L
Principal
THE GUARANTEE COMPANY OF NOR TH AMERICA USA
Surety
BY
BY ruo,&,.lrn,-A,,
Accepted:
COTLIER COUNTY, FL
Claudette Alexander Hunt Attorney-in-Fact
BY:
Obligee
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RESOLUTION NO.25-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COTJNTY, FLORIDA
AUTHORIZING FINAL ACCEPTANCE OF CERTAIN
ROADWAY AND DRAINAGE IMPROVEMENTS AND
PLAT DEDICATIONS IN ISLES OF COLLIER PRESERVE
PHASE I, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 54, PAGES 3 THROUGH 36,
AND RELEASE OF THE MAINTENANCE SECURITY.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
September 24,2013, approved the plat of Isles of Collier Preserve Phase I for recording; 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 of the maintenance security; and
WHEREAS, the Development Review Division has inspected the roadway and drainage
improvements, and is recommending acceptance of said facilities.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Isles of Collier Preserve Phase 1 will be maintained privately in the future
and will not be the responsibility of Collier County.
This Resolution adopted after motion, second and majority vote favoring same, this
day of 2025.
DATE: BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
CRYSTAL K. KINZEL, CLERK
By
Deputy Clerk Burt L. Saunders, Chairman
?9
Page 1 of 1
CAO
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLINTY
COMMISSIONERS OF COLLIER COLTNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements and plat dedications in Isles of Collier
Preserve Phase 1, pursuant to the plat thereofrecorded in Plat Book 54, pages 3 through 36, and
the Clerk is hereby authorized to release the maintenance security.
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