Backup Documents 12/13/2016 Item #16A34 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA Ft
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.
**NEW** ROUTING SLIP
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
9
/0137)t
4. BCC Office Board of County AS b
Commissioners f ilS 4c\Z-S
5. Minutes and Records Clerk of Court's Office 1- las a! )
PRIMARY CONTACT INFORMATION 't
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 missing information. _
Name of Primary Staff Jodi Hughes Phone Number x-5744
Contact/ Department
Agenda Date Item was December 13,2016 / Agenda Item Number
Approved by the BCC tt,o- 3
Type of Document Bond and Construction and Maintenance Number of Original 2
Attached Agreement 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) Appl S le)
1. Does the document require the chairman's original signature? - -
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. JH
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 JH
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 12/13/16 and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County opttop poi
Attorney's Office has reviewed the changes,if applicable. i'e S^11 e
9. Initials of attorney verifying that the attached document is the version approved by the _ ° 154not
BCC,all changes directed by the BCC have been made,and the document is ready for t
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6 A 3 4
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into
this a'r*day of /44044/(1-C.IV- , 2018 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 9"
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 24 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 $1,254,260.00 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.
16A34
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 g/rday of NWdCW , 2018.
SIGNE PRESENCE OF: (Name of Entit �B.SABAL BAY, LLC
By: _
P ed na e I ,..,Oy O1 Printed Name/Title: William Bullock,Vice President
,�'(/ •-e ,.( , -1/A— (President/VP, or CEO)
Pri ted name ,C./.4 r/t-92 t a , //n11(/ (Provide Proper Evidence of Authority)
ATTEST: '-. ',�
DWIGHT E. BROCK, CLERK-.4. BOARD OF CO . TY % MISSION /
OF COLLIE' OUN ', FLO' •
.
Deputy Clerk � ►�,
Approv d a t form'::'' Edi' _.- . A na 5p,,'g, Ghvf:cNw r.
1
.6,4 A.9a4,,Assistant County Attorney
16A34
PERFORMANCE BOND
BOND NO. 80130955
KNOW ALL PERSONS BY THESE PRESENTS:that
Minto Sabal Bay, LLC (Name of Owner)
440 W. Sample Road, Suite 200 (Address of Owner)
Coconut Creek, FL 33703 (Address of Owner)
(Hereinafter referred to as"Owner")and
The Guarantee Company of North America USA (Name of Surety)
One Town Square,Suite 1470 (Address of Surety)
Southfield,MI 48076 (Address of Surety)
(248) 281-0281 (Telephone Number)
(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 One MelionTwo Hundred Fifty Four Thousand Two Hundred Sixty and 00/100 Dollars
($1,254,260.00 ) 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 of a certain subdivision plat named Isles of Collier Preserve Phase 9 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 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 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 formal and separate amendments hereto, so as to bind the
1 6 A 3 4
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 WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE
BOND to be executed this 13th day of March, 2018.
WITNESSES: Minto Sabal Bay, LLC
.
Print Name: ot q ' LIA
Lil am Costello
V. P. of Finance
Print Name:Ltt! Yonlef Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATEOFtLO ' IDB
COUNTY OF L ! t , ! ik
HE F REGOING PER OIIF�MAN EO D W�Si ACKNOWLEIDpGED BEFORE ME THIS 144%—DAY OF
, 20j , BY I:s� VA ASV±lett ieaae�'OF MINTO SABAL BAY, LLC WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED L CENSE AS IDENTIFICATION.
Nota ublic-State of Fula �� LAURA LAFAUCI
+ � ? MY cOMMISSICN t FF 947189
f'' w - EXPIRES:February13,2020
•
Bonded TMu Notary Pudk Undtrwri$t$ (SEAL)
rinted Name ow VC
WITk SE The Guarantee Company of North America USA
Je- nieReinoso,Surety Witness
` L
")� Claudette Alexander Hunt,Attorney in Fact
cqu r�ie orente urety it ss Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 13th DAY OF
MARCH, 201$, BY CLAUDETTE ALEXANDER HUNT AS ATTORNEY IN FACT OF THE GUARANTEE
COMPANY OF NORTH AMERICA USA WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
LICENSE AS IDENTIFICATION.
Notary Public-State of Florida
ogy Noe, CAMILLE M.CRUZ
Commission#GG 112026 (SEAL)
r a Expires August 5,2021
�•'-v-.atl� 'rFoFF.'Q\ Bonded Thru Budget Notary Services
Printed Nam ,Ca e M. Cruz
ill,THE The Guarantee Company of North America USA
GUARANTEE' 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,Jacqueline Jordan Hampton
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.
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 31s`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 Attorney(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 Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. 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.
4. 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 6th day of December 2011,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.
1:00.0rftc IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
Ir ,zO0/
its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012.
4 THE GUARANTEE COMPANY OF NORTH AMERICA USA
N.
STATE OF MICHIGAN Stephen C.Ruschak,President&Chief Operating Officer Randall Musselman.Secretary
County of Oakland
On this 23rd day of February. 2012 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 IN WITNESS WHEREOF.I have hereunto set my hand at The Guarantee
Notary Public, State of Michigan Company of North America USA offices the day and year above written
County of Oakland
My Commission Expires=ebruary 27,2018ecif 81 as, - ,.-
Acting in Oakland County r� Gw
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 COMPANY OF NORTH AMERICA USA,which is still in full force and effect.
e NTescit, IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this D day of rIL-i-,,e-t-, ;I .
I' 0 1) .... ...ar_...c.e.. ....e,....,.,.....,412C—____
rt ♦�Id�OJ
^4,
Randall Musselman,Secretary
16A34
a r r a c o www.barraco.net
and Associates, Inc. Civil Engineers, Land Surveyors and Planners
ENGINEER'S OPINION OF PROBABLE COST
for the construction of
Isles of Collier Preserve Phase 9
Plat Bond
August 25, 2016
1 l r.1V1 U N 11
NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
I. EARTHWORK
110-2 Erosion Control 1 LS $7,500.00 $7,500.00
575-1 Sodding 24,500 SY $1.85 $45,325.00
SUB-TOTAL $52,825.00
II. ROADWAY
16o-1 Type"B"Stabilization(12") 5,842 SY $2.00 $11,684.00
200-1 Limerock Base w/Prime Coat(6") 3,818 SY $7.00 $26,726.00
331-1 Asphalt Concrete Type S-III 3/4"(1st Lift) 3,818 SY $4.50 $17,181.00
331-2 Asphalt Concrete Type S-III 3/4"(Final Lift) 3,818 SY $3.75 $14,317.50
520-1 Type"F"Curb 2,987 LF $9.00 $26,883.00
522-1 4"Concrete Sidewalk 2,797 SY $20.00 $55,940.00
522-2 ADA Ramps w/Detectable Warning 8 EA $450.00 $3,600.00
700-i Signing and Pavement Markings 1 LS $5,000.00 $5,000.00
A. Bridge Crossing** 1 LS $975,000.00 $975,000.00
SUB-TOTAL: $1,136,331.50
III. DRAINAGE
425-1 Control Structure Inlet 1 EA $5,000.00 $5,000.00
425-2 Type"9"Inlet 8 EA $2,900.00 $23,200.00
425-3 Type"C"Inlet 1 EA $3,000.00 $3,000.00
425-4 4'Junction Box 1 EA $2,000.00 $2,000.00
425-5 18"Endwall 1 EA $1,500.00 $1,500.00
425-6 24"Endwall 2 EA $2,500.00 $5,000.00
Page 1 of 4
I 6 A 3 4
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NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
425-7 Control Structure Weir 1 EA $2,800.00 $2,800.00
430-1 18" RCP Storm Sewer 473 LF $39.00 $18,447.00
430-2 24"RCP Storm Sewer 213 LF $55.00 $11,715.00
430-3 18"ADS Storm Sewer 85 LF $30.00 $2,550.00
530-1 6"-8"Rip Rap 56 SY $40.00 $2,240.00
530-2 8"-12"Rip Rap 112 SY $90.00 $10,080.00
SUB-TOTAL: $87,532.00
IV. WATERLINE AND ACCESSORIES
A. 12" DR-14 PVC Watermain 41 LF $6o.00 $2,460.00
B. 12" DR-18 PVC Watermain 1,309 LF $40.00 $52,360.00
C. 12"Gate Valve 7 EA $3,000.00 $21,000.00
D. Fire Hydrant Assembly 4 EA $3,500.00 $14,000.00
E. Directional Bore(24"DR-11 Casing) 352 LF $240.00 $84,480.00
F. Directional Bore(14"DR-11 Carrier) 352 LF $120.00 $42,240.00
G. 10"Gate Valve 1 EA $1,800.00 $1,800.00
H. 10"DR-14 PVC Watermain 40 LF $50.00 $2,000.00
I. 10"DR-18 PVC Watermain 62 LF $36.00 $2,232.00
J. 8"Gate Valve 1 EA $2,500.00 $2,500.00
K. 8"DR-14 PVC Watermain 33 LF $46.00 $1,518.00
L. 8"DR-18 PVC Watermain 55 LF $33.00 $1,815.00
M. Permanent Bacterial Sample Point 1 EA $1,200.00 $1,200.00
N. Air Release Valve 5 EA $2,000.00 $10,000.00
O. Sub Aqueous Valve Vault 1 EA $1,200.00 $1,200.00
P. Single Water Service 1 EA $1,500.00 $1,500.00
SUB-TOTAL: $242,305.00
Page 2 of 4
1 6 A 3 4
11r.M UN11
NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
V. SEWER SYSTEM
A. 6" DR-18 PVC Forcemain 1,300 LF $35.00 $45,500.00
B. 6"DR-14 PVC Forcemain 88 LF $38.00 $3,344.00
C. Air Release Valve 2 EA $2,000.00 $4,000.00
D. 6"Plug Valve 3 EA $1,200.00 $3,600.00
E. Directional Bore(16"DR-11 Casing) 339 LF $160.00 $54,240.00
F. Directional Bore(8"DR-11 Carrier) 339 LF $75.00 $25,425.00
G. 4" DR-18 PVC Forcemain 7 LF $24.00 $168.00
H. 4" Plug Valve 1 EA $900.00 $900.00
H. 8"SDR-26 Sanitary Sewer 494 LF $45.00 $22,230.00
I. 4'Manhole 2 EA $6,500.00 $13,000.00
J. Liftstation Wetwell 1 EA $40,000.00
$40,000.00
SUB-TOTAL: $212,407.00
VI. LANDSCAPING
A. Littoral Shelf Planting Area 26,247 SF $1.50 $39,370.50
Wetland Filter Marsh Planting Area/Created
B. Wetland 23,472 SF $2.00 $46,944.00
SUB-TOTAL: $86,314.50
VII. IRRIGATION SYSTEM
A. 10"Gate Valve 6 EA $2,800.00
$16,800.00
B. 10"DR-18 Irrigation Main 1,379 LF $36.00 $49,644.00
C. 10"DR-14 Irrigation Main 83 LF $50.00 $4,150.00
D. Single Irrigation Services 10 EA $400.00 $4,000.00
E. Air Release Valve 4 EA $1,200.00
$4,800.00
F. Directional Bore(2o"DR-11 Casing) 337 LF $200.00 $67,400.00
G. Directional Bore(12"DR-u Carrier) 337 LF $95.00 $32,015.00
H. 4"Gate Valve 1 EA $900.00 $900.00
I. 4"DR-18 Irrigation Main 24 LF $24.00 $576.00
SUB-TOTAL: $180,285.00
Page 3 of 4
16A34
�IhN1 UN11
NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
VIII. SITE LIGHTING
A. FPL Town&Country Street Lights 14 EA $900.00
$12,600.00
B. LUMCA CPLo4o6(Double)Concept 3o 8 EA $2,000.00
$16,000.00
SUB-TOTAL: $28,600.00
TOTAL: $2,026,600.00
io%BOND TOTAL: $202,660.00
BOND TOTAL: $2,229,260.00
Bridge Crossing** Included in EOPC for bonding
purposes only, not included in review fee or
inspection fees since the review and inspections are
completed through another application.
Estimated Date of Completion:4/17
Barraco and Associates,Inc.
2271 McGregor Boulevard
P.O.Drawer 2800
Fort Myers,FL 33902-2800
Certificate of Authorization No.7995
Timothy B.
';� 7;i*"\ Gavin, P.E.
as
t.f
go rocThis item has been electronically g a
y signed and sealed using
:m= 70675 SHA-1 authentication code.
%'cy ox.;:��,a 201 6.00.26 Printed copies of this document are not considered signed and
;S'O VAS 6 sealed and the SHA-t authentication code must be verified on
14:49:55 -04'00' any electronic copies.
Timothy B.Gavin,P.E.
Florida P.E.No.70675
For the Firm
Page 4 of 4
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-_____
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
�
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT
Print on pink paper. Attach to original document. The completed routing slip and original documents are to he forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
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
2.
3. County Attorney Office County Attorney Office L( A-6/f/
4. BCC Office Board of County
Commissioners \VS/ 4�ZS\s z
5. Minutes and Records Clerk of Court's Office 01413 a11
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 missing information.
Name of Primary Staff Jodi Hughes Phone Number x-5744
Contact/ Department
Agenda Date Item was December 13,2016,., ..-- Agenda Item Number ieedr
Approved by the BCC
Type of Document Plat, Supplement Declaration, and Joinder Number of Original 4
Attached Consent Documents Attached
PO number or account SM. a skAre.Srz Q
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? -. SR5
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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
signed by the Chairman, with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. JH
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 JH
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 12/13/16 and all changes made during
the meeting have been incorporated in the attached document. The County ( ss 0`
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 t e , a)1R
Chairman's signature. ls
1: 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
Return to:(enclose self-addressed stamped envelope)
Angela Tompkins,Paralegal
Greenspoon Marder LLP
5150 North Tamiami Trail
Suite 502,Newgate Tower
Naples,FL 34103
This Instrument Prepared by:
Mark F.Grant,Esq.
Greenspoon Marder LLP
5150 North Tamiami Trail
Suite 502,Newgate Tower
Naples,FL 34103
(239)659-1103
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
SUPPLEMENTAL DECLARATION TO THE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
ISLES OF COLLIER PRESERVE
This SUPPLEMENTAL DECLARATION TO THE DECLARATION OF COVENANTS,
CONDITIONS AND,RESTRICTIONS FOR ISLES OF COLLIER PRESERVE ("Supplemental
Declaration") is made this /60/6 day of March,2018,by MINTO SABAL BAY,LLC,a Florida
limited liability company ("Declarant") and is joined in by ISLES OF COLLIER PRESERVE
PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation ("Master
Association"),to acknowledge its responsibilities hereunder.
WHEREAS,Declarant has executed and recorded Declaration of Covenants,Conditions and
Restrictions for Isles of Collier Preserve was recorded September 30,2013,in Official Records Book
4970, Pages 845 through 1105, of the Public Records of Collier County, Florida, as the same has
been amended and supplemented(collectively,the "Master Declaration"); and
WHEREAS,the Master Declaration subjects the property described in Exhibit"B"thereto to
the easements,restrictions, covenants and conditions of the Master Declaration; and
WHEREAS,Sections 2 and 3 of Article II of the Master Declaration provides that Declarant
shall have the right,in Declarant's sole and absolute discretion,but not the obligation,to bring within
the scheme of the Master Declaration as Additional Property all or any portion of the Total Lands or
any additional lands within the vicinity of the property ("Additional Property") by recording a
Supplemental Declaration describing the property being subjected; and
WHEREAS, Declarant desires to subject the property described on Exhibit "A" attached
hereto and made a part hereof("Additional Property")to the provisions of the Master Declaration;
and
1
34097537:1
1 6 A 3 4
WHEREAS,Declarant now desires to add the Additional Property to Isles of Collier Preserve
as herein specifically provided; and
WHEREAS, the Master Association is joining in this Supplemental Declaration to
acknowledge its maintenance responsibilities described herein.
NOW, THEREFORE, Declarant hereby makes this Supplemental Declaration (which is
intended to be and is a"Supplemental Declaration"as defined in the Master Declaration)and hereby
declares that the Additional Property shall be deemed a portion of the"Property"under the Master
Declaration and that the Additional Property shall be owned,held,used,transferred,sold,conveyed,
demised and occupied subject to the covenants,restrictions,reservations,regulations,burdens and
liens set forth in the Master Declaration as modified by this Supplemental Declaration,as follows:
1. The recitations herein set forth are true and correct and are incorporated herein by
reference.
2. The definitions provided in the Master Declaration are incorporated herein by
reference.
3. The Additional Property described on Exhibit"A"to this Supplemental Declaration is
hereby designated a part of Isles of Collier Preserve and shall be sold,transferred,used, conveyed,
occupied and mortgaged or otherwise encumbered pursuant to the provisions of this Supplemental
Declaration and the Master Declaration.
4. Declarant hereby declares that all of the Additional Property designated on Exhibit
"A" to this Supplemental Declaration is part of the "Property" and is therefore subject to the
applicable land use covenants and the benefits and burdens established under the Master Declaration
as fully as though it were originally designated as such in the Master Declaration.
5. Designation and Maintenance of Common Property. Tracts"R,""L-1,""L-2,""0-
1," "0-2," "0-3" and "O-4,"and all Drainage Easements (D.E.), Lake Maintenance Easements
(L.M.E.),Access Easements(A.E.)and Landscape Buffer Easements(L.B.E.),as shown on the Plat
described in Exhibit"A"attached hereto and made a part hereof,are hereby declared to be Common
Property. Maintenance of the Common Property shall be by the Master Association,as provided in
Section 2 of Article VI of the Master Declaration. All costs of maintenance pursuant to this
Paragraph shall be assessed against all Lots in Isles of Collier Preserve as a Common Expense
pursuant to the provisions of Article V of the Master Declaration and shall be subject to the lien of
the Master Association pursuant to Section 1 of Article V of the Master Declaration.
6. Conflict. In the event of any conflict between the provisions hereof and the
provisions of the Articles and/or Bylaws and/or rules and regulations promulgated by the Master
Association, the provisions of this Supplemental Declaration shall control. Except as otherwise
specifically set forth in this Supplemental Declaration, in the event of any conflict between the
provisions of this Supplemental Declaration and the provisions of the Master Declaration, the
provisions of the Master Declaration shall control.
2
34097537:1
1 6 A 3 4
IN WITNESS WHEREOF,Declarant has executed this Supplemental Declaration on the day,
month and year first above written.
WITNESSES: MINTO SABAL BAY, LLC,
a Florida limited liability company
By:
Print N� ame: i t► rr '�e— WILLIAM BULLOCK, Vice Pres.
t/rav�
jiii{J...(AL‘
1 A )/ �-
Printed Name: (mit. i1/4-, �7-?,/70
STATE OF FLORID+
COUNTY OF G i I ay,
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by WILLIAM BULLOCK, as Vice President of MINTO SABAL BAY,
LLC, a Florida limited liability company, who is personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this 1�„ II—
day of
March, 2018.
My Commission Expires: ( �( .
Nota -u lic
CNARLENE A Malo t f w e / eli 74
Notary Public-State of Florida Typed, printed or stamped name of Notary Public
• Commission#GG 163093
My Comm.Expires Nov 26 2021
8cnded through Naicna No:a Assn. 1
3
34097537:1
1 6 A 3 I
JOINED IN BY:
ISLES OF COLLIER PRESERVE PROPERTY
OWNERS ASSOCIATION, INC.,
a Florida not-for-profit corporation
B
i_,_.�._ y:
is at BRIAN CALE, President
l 1 :k41, .1j�ft '.
Printed N• YI
Signature (CORPORATE SEAL)
r ,41,fc-A �//
Printed Name
STATE OF FLORIDA )
COUNTY OF pt )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by BRIAN CALE, as President of ISLES OF COLLIER PRESERVE
PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, who is
personally known to me.
WITNESS my hand and official seal in the County and State last aforesaid this 1 c day of
March,2018.
MyCommission Expires: \ 2G2U
�
Not Public
tPRY Pose TERRIE L.GREY , F-. .
v, MY COMMISSION#
EXPIRES:OMISSApri1#7F
7FF,2020949077 Typed, printed or stamped name of Notary Public
0
9jFOF F`o�� Bonded Thru Budget Notary Services
4
34097537:1
16434
EXHIBIT "A"
Legal Description of Property
ALL PROPERTY SHOWN ON THAT CERTAIN PLAT OF ISLES OF COLLIER PRESERVE
PHASE 9, RECORDED IN PLAT BOOK , PAGES THROUGH
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT
TRACTS "F-1" AND "F-2".
5
34097537:1
1 6 A 3 4
MORTGAGEE'S JOINDER AND CONSENT
The undersigned, as holder of that certain Contingent Mortgage and Security Agreement dated December 27,
2012, and recorded in Official Records Book 4870, Page 373, as amended by First Amendment recorded in Official
Records Book 5169, Page 3809, in the Public Records of Collier County; and also as holder of that certain Financing
Statement Form UCC-I recorded December 28, 2012 in Official Records Book 4870, Page 402, all of the Public
Records of Collier County,Florida,which encumber the Property as defined in the foregoing Supplemental Declaration
to add Phase 9 (the "Supplemental Declaration"). Mortgagee does hereby join in and consent to the recording of the
Supplemental Declaration to which this joinder and consent is attached.
Signed, sealed and delivered in MORTGAGEE:
the presence of:
CDC LAND INVESTMENTS, INC., a Florida
001.4 .C3 corporation
Print Name: \J4t2 -.< Ply / ' / /
#4.._ ,t By: 1 v.,,il = Ali-
Print Name: siq,t)!i[if /• ( Patrick L. Utter, Vice President
STATE OF FLORIDA )
) SS
COUNTY OF COLLIER )
I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by PATRICK L.
UTTER,as Vice President of CDC LAND INVESTMENTS, INC.,a Florida corporation,freely and voluntarily under
authority duly vested in him by said corporation, who is personally known to me.
at-
WITNESS my hand and official seal in the County and State last aforesaid this 1-a day of March, 2018.
0 Co...Q-7.0P\.c-P .,
Notary Public, State of Florida at Large
My commission expires: ` t L.'i,
ckuGus,- r 2-0 20 V Ptteti
Typed, Printed or Stamped Name of Notary Public
C'1'ue, Valerie L. Pike
e 0 Notary Public-State of Florida
'moo` Commission#GG 22100
"'o� Expires 08/17/2020
OFf�
6
34097537:1
CONSENT TO SUPPLEMENTAL DECLARATION 1 6 A 3 4
The undersigned WELLS FARGO BANK,N.A.(the"Mortgagee"),as holder of that certain Mortgage and `I
Security Agreement from MINTO SABAL BAY,LLC,a Florida limited liability company(the"Mortgagor"),dated
June 25, 2015 and filed of record July 1, 2015, in Official Records Book 5169, page 3817, in the Public Records of
Collier County, Florida, as modified or spread from time to time (the "Mortgage"), relating to the real property
described in said County and more particularly described in and encumbered by Declaration of Covenants,Conditions
and Restrictions for ISLES OF COLLIER PRESERVE, recorded in Official Records Book 4970,page 845, of the
Public Records of Collier County,Florida(the"Declaration")does hereby consent to the Supplemental Declaration to
add Phase 9 (the "Phase 9 Supplemental Declaration"), and acknowledge that the terms thereof are and shall be
binding upon the undersigned and its successors and assigns.
NOW,THEREFORE,the undersigned consents to the recordation of the Phase 9 Supplemental Declaration.
Mortgagee makes no warranty or any representation of any kind or nature concerning the Declaration,any of its
terms or provisions, or the legal sufficiency thereof, and disavows any such warranty or representation as well as any
participation in the development of the project known as Isles of Collier Preserve,and does not hereby assume and shall
not hereby be responsible for any of the obligations or liabilities of the Declarant contained in the Declaration or other
documents used in connection with the promotion of the project known as Isles of Collier Preserve. None of the
representations contained in the Declaration or other documents shall be deemed to have been made by the Mortgagee,
nor shall they be construed to create any obligations on Mortgagee to any person relying thereon. Nothing contained
herein shall affect or impair the rights and remedies of Mortgagee as set forth in the Mortgage or in the Declaration.
IN WITNESS WHEREOF, the undersigned has executed this Consent,this '4 day of March, 2018.
Signed, sealed and delivered WELLS FARGO BANK,NATIONAL
in the presence of: ASSOCIATION,as Administrative Agent
n
By:
Print Name: t-�. \
' �- 3 a �s Name: BeveY.�J.M ter, ice President
c /� Address: 401`E.J ksks n Street, Suite 1450
-/ 0/ vc Tampa,Florida 33602
Print Nan J 44..3 ' J'_LA..tCJ 4S
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
THE FOREGOING INSTRUMENT was acknowledged before me this \trday of March,2018,by Beverly
Matter, as Vice President of Wells Fargo Bank,National Association,a national banking association,on behalf of the
association,who is personally known to me.
p.�pRY P0e„ CORRI A.JONES
*; t A * MY COMMISSION#FF 193885 Not y Public, State of Florida
EXPIRES:February 25,2019
�'7)For , ROe BondedThruBudgetNotaryServices
7
34097537:1
1 6 A 3 ii
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 5169, Page
3817, as modified or spread from time to time, of the Public Records of Collier County, Florida,
which encumber the lands being platted as Isles of Collier Preserve Phase 9, hereby joins in,
consents to, and subordinates the lien of its Mortgage 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 WITNESS WHEREOF the said Mortgage holder has duly executed this instrument
this day of March, 2018.
WELLS FARGO BANK, NATIONAL
ASSOCIATION
p
By: CIA_
-44:e ly . Matter, Vice Preside rt
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this \941aay of March, 2018, by
Beverly J. Matter, as Vice President of WELLS FARGO BANK, NATIONAL ASSOCIATION,
a national banking association, on behalf of the association, who is personally known to me.
(STAMP) �aR:ooB
+0... .,e% CORFU A.JONES
* ,y * MY COMMISSION#FF 193885 ,
EXPIRES:February 25,2019
wJ�TfOFR�`oe. Bonded Thru Budget Notary Services Notary Public, f`ate of Florida
Print Name:
My Commission Expires:
34097863:1
16A34
JOINDER AND CONSENT
The undersigned, as holder of that certain Contingent Mortgage and Security Agreement
dated December 27, 2012 and recorded in Official Records Book 4870, Page 373, as amended by
First Amendment recorded in Official Records Book 5169, Page 3809, in the Public 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 the Public Records of Collier
County, all of which encumber the lands being platted as Isles of Collier Preserve Phase 9 ,
hereby joins in, consents to, and subordinates the lien of its Mortgage 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 WITNESS WHEREOF the said Mortgage holder has duly executed this instrument
this 13 day of March, 2018.
CDC Land Investments, Inc.,
a Florida o srati.
,2i By: � �i.,v �
PATRIC L. TTER, Vice President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this ‘3111 day of March, 2018,
by PATRICK L. UTTER, as Vice President of CDC Land Investments, Inc., a Florida corporation,
who is personally know to me.
(STAMP) o"RY P`e, Valerie L. Pike
2 n Notary Public•State of Florida
N, o
Commission#GG 22100 00..Q_____ R(12
'lFOFFto�\ Expires 08/17/2020
Notary Public, State of Florida
Print Name: gkei e \-• Qt1icK
My Commission Expires: Avccocc 17,7.07_..0
34097813:1