Backup Documents 09/08/2015 Item #16A14 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO RFS 6 A 1
4
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office \)\ 0-(1_545
4. BCC Office Board of County \1: �-1
Commissioners \(''ys VZ-`\1/4)`\S
5. Minutes and Records Clerk of Court's Office p cz it '
,c 9)ftvA
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or nyssing information.
Name of Primary Staff John Houldsworth /ff Phone Number x-5757
Contact/ Department
Agenda Date Item was September 8,2015 V Agenda Item Number 16-A14 -----
Approved by the BCC
Type of Document Plat - Isles of Collier Preserve Phase 6 Number of Original One
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JH
2. Does the document need to be sent to another agency for additional signatures? If yes, JH
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines! _
8. The document was approved by the BCC on September 8,2015 and all changes made •
during the meeting have been incorporated in the attached document. The County 14
' ,E
Attorney's Office has reviewed the changes, if applicable. 4
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
L
Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6 A 1 4
MEMORANDUM
Date: December 16, 2015
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Plat— Isles of Collier Preserve, Phase 6
Attached for your records is a copy of the agreement referenced above,
(Item #16A14) adopted by the Board of County Commissioners September 8,
2015.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
14
JOINDER AND CONSENT
The undersigned, as holder of that certain Mortgage and Security Agreement from Minto Sabal
Bay, LLC, dated June 25, 2015 and recorded in Official Records Book No. 5169, page 3817,
together with that certain Memorandum of Intercreditor and Subordination Agreement, filed July 1, 2015, in
Book No. 5169, page 3860; Absolute Assignment of Leases and Rents, tiled July 1, 2015, in Book No.
5169, page 3884; that certain Assignment of Agreements Affecting Real Estate, filed July 1, 2015, in Book
5169, page 3911 and that certain Financing Statement, filed July I, 2015, in Book 5169, page 3951; that
certain Mortgage Spreader Agreement, filed August 5, 2015, in Book 5181, page 3726; that certain
Memorandum of First Amendment to lntercreditor and Subordination Agreement, filed August 5, 2015, in
Book 5181, page 3735; and that certain Financing Statement Form UCC-3, filed August 5, 2015, in Book
5181, page 3743, all in the Official Records of Collier County Florida which encumber the lands
being platted as Isles of Collier Preserve Phase 6, hereby joins in and consents to the
dedication of the plat of said lands for record, and further joins in and consents to the
dedication of and does hereby dedicate to public use or private reservation, whichever the case
may be, any portion thereof for roads, streets and right of way, and/or easements for utilities
and drainage and purposes incidental thereto as shown on said plat.
W JiTN ESS WI-IEOF the said Mortgage holder has duly executed this instrument this
day ofOe..-e.1j 015.
Wells Fargo Bank, N.A.
By: sv! —g
Print Name: WN • Ma 'I-kV--
Title:
4 ' -Title: (i � Agninir
STATE OF FL RIDA
COUNTY OF thLLSFiore-ou4Ll
The foregoing instrument was acknowledged before me this 3rd day of 'be Cey 4 ,
2015 by �? .�'L� Ak/�lt-l-er' , as Vt° , of
Wells Fargo Bank, ., a national banking association, on behalf of the association, who
is personally know to me or has produced as identification.
(STAMP)
Sandra
rlN SANDRA GARCIA Print Name:
4 „--4 Notary Public•Stals of Florida Notary Publ it ate of t•lorida
', • Commission#FF 110415 My Commission Expires:
INy Comm.Expires Jan 11,2019
1'
...... Iondad torso Ndlonal Notary Assn
Paw eirgrosimilroilionP4IPIPIIrwmo—K
MM I-840002438 v I
16A14
JOINDER AND CONSENT
The undersigned, as holder of that certain Mortgage and Security Agreement from Minto
Sabal Bay, LLC, dated December 27, 2012 and recorded in Official Records Book 4870,
Page 345 of the Public Records of Collier County, Florida (the "Records") as affected by that
certain Restriction and Partial Release of Mortgage recorded in Official Records Book 4874,
Page 1486; that certain Restriction and Partial Release of Mortgage recorded in Official
Record Book 4941, Page 226; that certain Subordination, Consent and Joinder recorded in
Official Records Book 4948, Page 1689; and that certain Restriction and Partial Release of
Mortgage recorded in Official Records Book 5054, Page 1333, all in the Official Records of
Collier County; and also as holder of that certain Contingent Mortgage and Security Agreement
dated December 27, 2012 and recorded in Official Records Book 4870, Page 373 in Official
Records of Collier County; and also as holder of that certain Financing Statement Form UCC-1
recorded December 28, 2012 in Official Records Book 4870, Page 402 in Official Records of
Collier County, which encumber the lands being platted as Isles of Collier Preserve Phase 6,
hereby joins in and consents to the dedication of the plat of said lands for record, and further
joins in and consents to the dedication of and does hereby dedicate to public use or private
reservation, whichever the case may be, any portion thereof for roads, streets and right of
way, and/or easements for utilities and drainage and purposes incidental thereto as shown on
said plat.
IN ITN E S S W REOF the said Mortgage holder has duly executed this instrument this
day of , 2015.
CDC Lan. Investments, Inc.
4
By: I AI L 2' , 4
Print Nape:
Title: Vee, Presautk ofr IReelrisAaL, RCl , OptnLhcrs
STATE OF FLOR DA
COUNTY OF D/ifet
The foregoing instrument was acknowledged before me this 444— day of ae-rte.be-y- ,
2015 by ';n ,,. 4 , asriE,Tr d!e- , of CDC Land Investments, Inc.,
a Florida corporation, who is personally know to me or has produced as
identification.
(STAMP)
ttv Pk, MY COMMISSION
A.BROWN
g4-4-14111*1 ION M EE 843929
-. .��- EXPIRES:October 18,2018
, ;t,, Bonded lhruNotary N NM Underwriters Print Name: y
Notary Public, State of Florida
My Commission Expires: to iib Taos•
MM I.840002438v I
ORIGINAL 1)OCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURErl'i '
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
yt
4
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and forward to the Count Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials I Date
1.
2.
3. County Attorney Office County Attorney Office
ISA (LS
4. BCC Office Board of County '4
Commissioners \f% / / r2—\\i,Vcc
5. Minutes and Records Clerk of Court's Office
Te- 2-I16)tr. tl,St/
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in he event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was September 8,2015 Agenda Item Number 16-A14
Approved by the BCC
Type of Document Construction&Maintenance Agreement Number of Original Two
Attached and Performance Bond - Isles of Collier Documents Attached
Preserve Phase 6
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
l. Does the document require the chairman's original signature? JH
2. Does the document need to be sent to another agency for additional signatures? If yes, JH
provide the Contact Information(Name; Agency; Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on September 8,2015 and all changes made ( �
during the meeting have been incorporated in the attached document. The County , ,
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for S"aro,
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.1 . -d 11/30/12
1641 4
MEMORANDUM
Date: December 16, 2015
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Construction & Maintenance Agreement and Performance
Bond — Isles of Collier Preserve, Phase 6
Attached for your records is a copy of the agreement referenced above,
(Item #16A14) adopted by the Board of County Commissioners September 8,
2015.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
16 A14
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into
this 4th day of December , 2015 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: "The Isles of Collier Preserve Phase 6"
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 $753,370.53 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; orb) 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.
1 641 4
6. The Developer shall maintain all required improvements for a minimum period of one year
after preliminary approval by the County Manager or his designee. After the one year
maintenance period by the Developer has terminated, the Developer shall petition the
County Manager or his designee to inspect the required improvements. The County
Manager or his designee shall inspect the improvements and, if found to be still in
compliance with the Collier County Land Development Code as reflected by final approval by
the Board, the Board shall release the remaining 10% of the subdivision performance
security.The Developer's responsibility for maintenance of the required improvements shall
continue unless or until the Board accepts maintenance responsibility for and by the County.
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 his 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 his designee.The County Manager or his
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. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement,
upon certification of such failure, the County Manager or his 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 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 assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by
their duly authorized representatives this 4th day of December, 20 15.
SIGNED IN THE PRESENCE OF: (Name of Entit 2.• . .• :AL BAY, LLC
�.•• ' V By:
Printed ..fit- ,• VAN :a k KK Printed Name/Title: William Bullock,Vice President
41r.of r' 1 (President/VP,or CEO)
4 Printed . Le-67400-v J. ('��r�p1rr -Z.O (Provide Proper Evidence of Authority)
ATTEST:- ��/
DWIGHT };BROOK, CLE• BOARD OF COUNTY COMMISSIONERS
OF COLLIER , F RID
• y
Deputy Clerk`
App eves as formrmand legal ;
TIM NANCE, CHAIRMAN
Scott A. Stone, Assistant County Attorney
Detail by Entity Name Page 1 of 2
4
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FLORIDA DEPARTMENT 01 STATE
Detail by Entity Name
Florida Limited Liability Company
MINTO SABAL BAY, LLC
Filing Information
Document Number L12000084713
FEI/EIN Number 45-5596411
Date Filed 06/27/2012
State FL
Status ACTIVE
Principal Address
4400 W. SAMPLE ROAD, SUITE 200
ATTN: MICHAEL J. BELMONT, PRESIDENT
COCONUT CREEK, FL 33073
Mailing Address
4400 W. SAMPLE ROAD, SUITE 200
ATTN: MICHAEL J. BELMONT, PRESIDENT
COCONUT CREEK, FL 33073
Registered Agent Name & Address
BELMOUNT, MICHAEL J
4400 W. SAMPLE ROAD, SUITE 200
COCONUT CREEK, FL 33073
Authorized Person(s) Detail
Name &Address
Title President
BELMONT, MICHAEL J
4400 W. SAMPLE ROAD, SUITE 200
COCONUT CREEK, FL 33073
Title VP
BULLOCK, WILLIAM
4400 W. SAMPLE ROAD, SUITE 200
COCONUT CREEK, FL 33073
Title VP
CARTER, JOHN
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Detail by Entity Name Page 2 of 2
4400 W. SAMPLE ROAD SUITE 2 00 1 6 A 1 4
COCONUT CREEK, FL 33073
Annual Reports
Report Year Filed Date
2013 01/24/2013
2014 04/16/2014
2015 01/07/2015
Document Images
01/07/2015--ANNUAL REPORT View image in PDF format
04/16/2014 --ANNUAL REPORT View image in PDF format
01/24/2013--ANNUAL REPORT View image in PDF format
06/27/2012 -- Florida Limited Liability View image in PDF format
CoUYElila and Privacy Policies
State of Florida,Department of State
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