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Backup Documents 09/24/2013 Item #16A 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T�� THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG 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 #I 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 C nnnty Attnrney nffi­ Route to Addressees (List in routing order) Office Initials Date 1. aivromiate. (Initial) Applicable) 2. •9 3- q- -0/�t_ 3 Agenda Item Number 16 -A3 3. County Attorney Office County Attorney Office RIV- 4. BCC Office Board of County Commissioners G � �� One complete plat 5. Minutes and Records Clerk of Court's Office Documents Attached 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 missina information. Name of Primary Staff John Houldsworth Phone Number x -5757 Contact / Department aivromiate. (Initial) Applicable) Agenda Date Item was •9 3- q- -0/�t_ 3 Agenda Item Number 16 -A3 Approved b the BCC Does the document need to be sent to another agency for additional signatures? If yes, JH Type of Document Plat - Isles of Collier Preserve Phase One Number of Original One complete plat Attached ;r`' 4 Documents Attached PO number or account number if document is p LO 4►, JH to be recorded l' INSTRUCTIONS & CHECKLIST m • jj ei-k oL � v 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 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not aivromiate. (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 signed by the Chairman, with the exception of most letters, must be reviewed and signed JH 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 1 should be provided to the County Attorney Office at the time the item is input into SIRE. N 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 242013 and all changes ^ made during the meeting have been incorporated in the attached document. The �(p�►� County Attorne '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 eady for the Chairman's signature. m • jj ei-k oL � v 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 16A3 JOINDER AND CONSENT The undersigned, as holder of that certain Mortgage and Security Agreement from Tinto Sabal Bay, LLC, dated December 27, 2012 and recorded in Official Record Book 4870, Page 345; as affected by Restriction and Partial Release of Mortgage recorded in Official Record Book 4874, Page 1486 and Restriction and Partial Release of ;Mortgage recorded in Official Record Book 4941, page 226; Contingent Mortgage and Security Agreement dated December 27, 2012 and recorded in Official Record Book 4870, Page 373; and Financial Statement Form UCC -1 recorded December 28, 2012 and recorded in Official Record Book 4870, Page 402 of the Public Records of Collier County, Florida, which encumber the lands being platted as Isles of Collier Preserve Phase 1, 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 WITNESS WHEREOF the said Mortgage holder has duly executed this instrument this 0-• day of 2 4-crn 6ev- , 2013. CDC LAND INVESTMENTS, INC., a Florida corporation By: Ea4�' Print Name: Mat,-- ►R—k- - L.. • 1,�-� F GY Title: N1;*e- -Free Ile- STATE OF FLORIDA COUNTY OF The fore Joing instrument was acknowledged before me this 0i day of 2013 by a;' k L . um, , as V tice, �res��...�` , of CDC Land Investments, Inc., a Florida corporation, who is pp�rsonally know to me or has produced as identification. (STAMP) DtBOiilW A BFM W COWS" 1 EE WO EXPIRES: OcIDW 10, 2018 evia.e 11w NaIny PtAk LhWm oflu Print ame: lgsvR►4U vow N Notary Public, State of Florida My Commission Expires: Lt+. I t. ,-101L 16A3 Prepared by: Natalie J. Goldstein, CLS Founders Title 5100 W Copans Road, S 600 Margate, Florida 33063 Founders Tax Id 65- 0687754 OWNERSHIP AND ENCUMRANCE REPORT THE UNDERSIGNED does hereby certify that a search has been made of the Public Records of Collier County, State of Florida, Florida commencing from First American Title Insurance Company Number 5011612 -1062- 2736476 with an effective date of May 4, 2012 and continuing up to and including August 29, 2013 at 6:00 A.M., as to the following described property, to wit: SEE EXHIBIT `°A" ATTACHED HERETO AND MADE A PART HEREOF OWNER: MINTO SABAL BAY, LLC, a Florida limited liability company, by virtue of Special Warranty Deed from CDC LAND INVESTMENTS, INC., a Florida corporation, f /k/a Collier Development Corporation, filed of record December 28, 2012, in Official Records Book 4870, page 318, of the Public Records of Collier County, which a documentary stamps of $476,000.00 Probated Estates: NONE Homestead Status: NONE MARTA DEED INFORMATION: 1. Articles of Amendment changing name from COLLIER DEVELOPMENT CORPORATION to CDC LAND INVESTMENTS, INC., a Florida corporation, filed of record April 29, 2005, in Official Records Book 3787, page 946, of the Public Records of Collier County, Florida. 2. Deed, filed of record December 31, 1953, in Official Records Book 31, page 118, from Barron Collier, Jr. and Niles Collier, joined by Barbara M. Collier, wife of Barron Collier Jr., and Isabel U. Collier, wife of Niles Collier, as Grantors to COLLIER DEVELOPMENT CORPORATION, a Florida corporation, ENCUMBRANCES: I. Mortgage and Security Agreement from: MINTO SABAL BAY, LLC, a Florida limited liability company, TO: CDC LAND INVESTMENTS, INC., a Florida corporation Dated: December 27, 2012 Filed: December 28, 2012 Recorded in Book No. 4870, page 345 As affected by Restriction and Partial Release of Mortgage in Book 4874, page 1486; and Restriction and Partial Release of Mortgage in Book 4941, page 226 and Subordination, Consent and Joinder in Book 4948, page 1689 2. Contingent Mortgage and Security Agreement from: MINTO SABAL BAY, LLC, a Florida limited liability company, TO: CDC LAND INVESTMENTS, INC., a Florida corporation Dated: December 27, 2012 Filed: December 28, 2012 Recorded in Book No. 4870, page 373 3. Financing Statement Form UCC -1 from MINTO SABAL BAY, LLC TO: CDC LAND INVESTMENTS, INC., a Florida corporation Filed: December 28, 2012 Recorded in Book No. 4870, page 402 EASEMENTS AND OTHER MATTERS AFFECTING TITLE: 1. Oil, Gas and Mineral Lease recorded in Book 590, Page 826; together with Assignments recorded in Book 590, pages 1076 and 1089; Book 596, Page 1576; Book 600, Page 258; Book Cert-Sabal Bay 16A5 604, Page 955; Book 646, Page 1249; and Book 659, page 41, all of the Public Records of Collier County, Florida. 2. 011, gas and mineral reservation in favor of Collier Development Corporation contained in Corrective Special Warranty Deed recorded in Book 3078, page 2643; as affected by Waiver of Surface Exploration Rights, recorded December 28, 2012 in Book 4870, Page 412, all of the Public Records of Collier County, Florida. 3. Declaration of Restrictive Covenant recorded in Book 4768, Page 480, of the Public Records of Collier County, Florida. 4. Right of Way Agreement between Collier Development Corporation and Florida Power & Light Company recorded in Book 194, page 601, of the Public Records of Collier County, Florida. 5. Drainage Easement as contained in that certain Quit Claim Deed recorded in Book 532, page 129, of the Public Records of Collier County, Florida. 6. Drainage Facility Easement in favor of The State of Florida as set forth in Order of Taking recorded in Book 2605, page 2479, of the Public Records of Collier County, Florida. 7. Drainage Easement and Maintenance Agreement recorded in Book 3058, page 2302, of the Public Records of Collier County, Florida. 8. Temporary Drainage and Maintenance Agreement recorded in Book 3058, page 2313, of the Public Records of Collier County, Florida. 9. Conservation Easement in favor of Collier County recorded in Book 4296, page 1764, of the Public Records of Collier County, Florida. 10. Dedication and Conveyance of Drainage Easement and Release of Original Easement recorded in Book 4385, page 3675, as affected by Resolution No. 2013 -157, in Book 4945, page 729, both of the Public Records of Collier County, Florida. 11. Deed of Conservation Easement in favor of South Florida Water Management District, recorded in Book 4400, page 3127, of the Public Records of Collier County, Florida. 12. Amended Preliminary Development Agreement with The State of Florida recorded in Book 3041, Page 2030, of the Public Records of Collier County, Florida. 13. Notice of Adoption of Preliminary Development Agreement recorded in Book 3309, Page 1115, of the Public Records of Collier County, Florida. 14. Contribution Agreement for Road Impact Fee Credits recorded in Book 3138, Page 2357; together with Affidavit in Book 3356, Page 1677; and as amended in Book 4356, page 714; and Book 4580, Page 1977, and Assignment and Assumption Agreement recorded in Book 4872, page 1771, all of the Public Records of Collier County, Florida. 15. Companion Agreement Regarding the Lely Area Surface Water Drainage Improvements recorded in Book 3424, Page 337; as amended in Book 4218, page 1451; Book 4356, page 714; Book 4506, page 3172, all of the Public Records of Collier County, Florida. 16. Terms and conditions contained in the Collier County Board of Commissioners Resolution No. 05 -396, Abandonment of the CDC DRI and DRI Development Order, recorded in Book 4228, page 2338, of the Public Records of Collier County, Florida. 17. Sabal Bay - MPUD Tri -Party Developer Contribution Agreement recorded in Book 4251, page 2231, of the Public Records of Collier County, Florida. 18. Access and Utility Easement Agreement recorded in Book 4257, page 4013, of the Public Records of Collier County, Florida. 19. Environmental Resource Permit Notice from South Florida Water Management District recorded in Book 4332, Page 450, of the Public Records of Collier County, Florida. NOTE: This is not a lien or encumbrance, or cloud on the title. This is for informational purposes only. 20. Irrigation Agreement recorded in Book 4832, page 3762, of the Public Records of Collier County, Florida. 21. Agreement for Irrigation Easement, recorded in Book 4832, page 3770, of the Public Records of Collier County, Florida. 22. Dedication and Conveyance of Easement for Access and Maintenance, recorded in Book 4945, page 735, of the Public Records of Collier County, Florida. 23. Grant of Easement, recorded in Book 4954, page 1779, of the Public Records of Collier County, Florida. 24. Deed of Conservation Easement with Third Party Beneficiary Rights, recorded in Book 4867, page 3336, of the Public Records of Collier County, Florida. 25. Utility and Access Easement recorded in Book 4948, page 1693, of the Public Records of Collier County, Florida. Cert -Sabai Bay 16A3 26. Restriction and Partial Release of Mortgage recorded in Book 4941, page 226, of the Public Records of Collier County, Florida. 27. Restriction and Partial Release of Mortgage recorded in Book 4874, page 1486, of the Public Records of Collier County, Florida. 28. Memorandum of Agreement recorded in Book 4870, page 333, of the Public Records of Collier County, Florida. TAXES: Parcel ID 00431520502, Assessed value $506,500.00 Taxes were paid November 30, 2012, in the amount of $5,876.25 for the year 2012 Paid by CDC LAND INVESTMENTS INC. — previous owner (NOTE: This parcel ID includes a larger portion that is being donated. NAME SEARCHES: NO JUDGMENTS OR OTHER LIENS OR COURT CASES FOUND CDC LAND INVESTMENTS, INC., a Florida corporation f /k/a Collier Development Corporation MINTO SABAL BAY, LLC, a Florida limited liability company The undersigned hereby certifies that the foregoing OWNERSHIP AND ENCUMBRANCE REPORT reflects a comprehensive search of the Public Records of Collier County, Florida, showing the apparent ownership of the lands described above, together with outstanding encumbrances affecting said lands. Dated this 291h day of August, 2013 @ 8:00 A.M. FOUNDERS TITLE Natalie J. Goldstein, CLS Title Examiner Cert -Sabal Bay IMIBIT "Alf DESCRIPTION 16A3 A tract or parcel of land lying in Section 24, Township 50 South, Range 25 East and in Section 19, Township 50 South, Range 26 East, Collier County, Florida, said tract or parcel of land being more particulariy described as follows: Beginning at the Southeast corner of the Southeast Quarter (SE 114) of said Section 24 run S89 `42'03 "W along the south line of said fraction for 2,664.30 feet to the Southeast corner of the Southwest Quarter (SW 114) of said Section 24, thence run S89 °42'21 "W along the south line said fraction for Z664.12 feet to the Southwest corner of said fraction, thence run N00 "44'12"W along the West line of said fraction for 2, 698.83 feet to the Southwest corner of the Northwest Quarter (NW 114) of said Section 24; thence run N00039'06 "W along the West line of said fraction for 753.56 feet to the Southwest comer of lands described in deed recorded in Official Records Book 1027, at Page 678, Collier County Records; thence run N89 03527 "E along the South line of said lands for 1,290.01 feet to the Southeast comer of said lands, thence run N00 039'06 "W along the East line of said lands for 1,01232 feet to the Southwest corner of lands described in deed recorded in Official Records Book 4263, at Page 2080, Collier County Records, thence run along-the Southerly and Easterly line of said lands the following six (6) courses:'N890311 5 "E for 1,075.51 feet, S78`2642 "E for 512.62 feet to a point on a non - tangent curve; Northerly along an arc of a curve to the left of radius 324.97 feet (delta 22`4544 ") (chord bearing N19 °24'23 "E) (chord 128.26 feet) for 129.10 feet to a point on a non - tangent curve; Northery along an arc of a curve to the right of radius 582.39 feet (delta 20005'30 ") (chord bearing N12`58'06 "E) (chord 203.18 feet) for 204.22 feet, • N51 `08'02 "W along a non - tangent line for 222.09 feet and N38051'58 "E for 212.02 feet to an intersection with the Southerly line of Tract Vas shown on the Record Plat of "Sabel Bay Commercial Plat - Phase Two" recorded in Plat Book 41, at Page 10, Collier County Records, thence run along said Southerly line the following six (6) courses: S51 `08'02 4E for 1,081.39 feet; S38 `51'58"W for 11.09 feet to a point on a non- tangent curve; Southeasterly along an arc of a curve to the right of radius 140.00 feet (delta 02 °4357 ") (chord bearing S51 `43'39 "E) (chord 6.68 feet) for 6.68 feet to a point of reverse curvature, Southeasterly along an arc of a curve to the left of radius 800.00 feet (delta 01 `15'03 ") (chord bearing S50`59'12 "E) (chord 17.47 feet) for 17.47 feet; N38 03449 0E along a non - tangent line for 11.42 feet to a point on a non - tangent curve and Easterly along an arc of a curve to the left of radius 820.00 feet (delta 6604644 ") (chord bearing S86012'23 "E) (chord 902.54 feet) for 955.72 feet to a point on a non - tangent curve and an intersection with the Southwesterly line of Tract all" as shown on the Record Plat of " Sabal Bay Commercial Plat - Phase One" recorded in Plat Book 38, at Page 81, Collier County Record3; thence run along said Southwesterly line the following five (5) courses: Southeasterly along an arc of a curve to the right of radius 38.50 feet (delta 37017'06 ") (chord bearing S50`25'50 "E) (chord 24.61 feet) for 25.05 feet to a point of tangency; S31 °47'17 "E for 59.53 feet to a point of curvature, Easterly along an arc of a curve to the left of radius 13550 feet (delta 91 °38'52 ") (chord bearing S77`36'43 "E) (chord 194.36 feet) for 216.74 feet to a point of reverse curvature; Easterly along an a rc of a curve to the right of radius 138.50 feet (delta 49`15'00') (chord bearing N81 `1121 "E) (chord 115.42 feet) for 119.05 feet to a point of . tangency and S74 `11'12 "E for 586.65 feet, thence run S5005533 "W for 7.74 feet; thence run S89048'16 "W for 51.36 feet, thence run S39 00244 "E along the Southwesterly line of a Drainage Easement and Maintenance Agreement recorded in Official Records Book 3058, at Page 2302, Collier County Records and continuing along the extension thereof for 939.11 feet to an intersection with the Northwesterly line of a Drainage Easement recorded in Official Records Book 4385, at Page 3675, Collier County Records, thence run along said Northwesterly line the following three (3) courses: N26007'39 "E for 136.99 feet to a point of curvature; Northeasterly along an arc of a curve to the right of radius 465.97 feet (delta 1405751" (chord bearing N33°361 a (chord 121.35 feet) for 121.70 feet to a point of tangency and N41 005'30 "E for 425.51 feet to an intersection with the Southwesterly right of way line of Tamiaml Trail (U.S. 41) (State Road No. 90) (F.D.0. T. right of way Section No. 03010 -2116) (200 feet wide), thence run S39 *03'58"E along said right of way line for 1,474.85 feet to an intersection with the West fine of a Florida Power and Ught Company Easement recorded in Official Records Book 194, at Page 601, Collier County Records, thence run S01 `11'36"W along said West line, also being the West line of the East 460 feet of the Southwest Quarter (SW1 /4) of said Section 19 for 2,581.10 feet to an intersection with the South line of said fraction, thence run S88 023'16 "W along said South line for Z030.98 feet to the POINT OF BEGINNING. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded t *heZo tTdJney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Co u ty r OpJ� no later than Monday preceding the Board meeting. Complete routing lines #I 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 County Attomev Office. Route to Addressees (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. 9/25�2ft3- Cf - .24— f 3 Agenda Item Number 16 -A3 3. County Attorney Office County Attorney Office JH I t3 4. BCC Office Board of County Commissioners Two — Agreement and Attached 5. Minutes and Records Clerk of Court's Office Performance Bond PRIMARY CONTACT INFORMATION - r 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 John Houldsworth Phone Number x -5757 Contact / Department appropriate. (Initial) Applicable) Agenda Date Item was 9/25�2ft3- Cf - .24— f 3 Agenda Item Number 16 -A3 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, JH Type of Document Construction & Maintenance Agreement Number of Original Two — Agreement and Attached and Performance Bond — Isles of Collier Documents Attached Performance Bond Preserve Phase One JH PO number or account by the Office of the County Attorney. number if document is All handwritten strike - through and revisions have been initialed by the County Attorney's N/A to be recorded Office and all other parties except the BCC Chairman and the ('-"Ierk to the Board INSTRUCTIONS & CHECKLIST I: Fonns/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. 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 rovide 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 JH 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 ('-"Ierk 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 zour deadlines! 8. The document was approved by the BCC on September 2W 2013 and all changes made during the meeting have been incorporated in the attached document. The p� County Attorne 's Office has reviewed the changes, if applicable. l� 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 /�R Chairman's signature. AS b I: Fonns/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 16A3 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 23`d day of September . 2013 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. 16A3 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 23rd day of September 120 13 SIGNED IN TF1E PRESENfE OF: Prifrtetf'n�NeJ� ��JG✓..fittndAP (,f� Printed name G7✓7JAwfPrinted name ATTEST: DWIGHT E. BROCK, CLERK By: �T Deputy Clerk A roved a Assistant Count�bAttorney , (Name of Erb Ay_t760 SABAL BAY, LLC By: Printed Name /Title: William Bullock, Vice President (President/VP, or CEO) (Provide Proper Evidence of Authority) BOAR�01 OU t MIS ONERS OF C LIE CO LORI A By: Chair an, Georgia A. Hiller, Esq. 16 A3 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, MI 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. (S 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, 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 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 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, 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 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 Oe day of September, 2013. WITNESSES: 4 1 --1'j IYA-A. Printed Name 4 i p c Sul F �a ujfl moW A6-2� Printed Name Al,� 16A3 Minto Communities, LLC B Printed Name /Title S,yGv - s✓ clv p (Provide Proper Evidence of Authority) ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF 1b +A+AI -I3Aj4E 84WA At THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY /2013 , BY S Q dE_ S J a A20k- _ (NAME OF ACKNOWLEDGER) AS (TITLE) OF MINTO COMMUNITIES, LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public - State of l-0 K I „LIA w, (SE LAURA U+FAUCI • *_. MY COMMISSION M EE 157114 EXPIRES: February 13, 2016 8wded TIn WNy Public UnderWrilers rinted Name L,0. U ra 4A lla• u C1 WITNESSES: The Guarantee Company of North America USA By: Ll'—” / l Matthew Tahbaz Claudette Alexander Hunt, Attorney -in -Fact (Provide Proper Evidence of Authority) Camille Cruz ACKNOWLEDGMENT 16A3 STATE OF FLORIDA COUNTY OF MIAMI -DADE THE FOREGOING BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 06th/ September / 2013, BY CLAUDETTE ALEXANDER HUNT (NAME OF ACKNOWLEDGER) AS ATTORNEY -IN -FACT (TITLE) OF THE GUARANTEE COMPANY OF NORTH AMERICA USA WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED FL LICENSE AS IDENTIFICATION. Notary Public - State of Florida (SEAL) ;� ►�4., WILLIAM GREFE GRIFFIN �• � MY COMMISSION #FF027729 �?hotrT► EXPIRES June 16. 2017 (A a9s• 163 FIgfL&NotaryService.com aKi+tioa'-m G. Griffin 16A3 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 Lamarre, Joseph Michael Pietrangelo Aon Risk Services, Inc. of Florida its true and lawful attomey(s) -in -fad 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 Attomey -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 •�T its corporate seal to be affixed by its authorized officer, this 15th day of November, 2011. GO i 4 �1 THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland 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 I* 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 COMPANY 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 this lay of a• Randall Musselman, Secretary 2 I� a a d c 9 N N N N • O O ►r O O • r O O y m o N o ba (D G m w m m 0, O x YQ M Fi -a-11 ��yJ 7 G ry j 10 N 00 O, p+ c O y b a. N 0 O oa O N 7 • O V Ul O O •v O d a m r r r b r •°o W cn b 7. CCU O • O O .. O • O • O • O r N N Un • O O N n 0 10 1 N O O • F� a 00 0 0 A rt ID ID w H n y m o o ba (D G m w 0 10 1 A Fp 0 0 0 c» D 0 0 CA `" am bo � N O .'7 d T oz � O �z to oz t7 'o H �o �z �a r n O O :v d a� �z n N O O N F� a II 0 A rt ID ID w H n y m o o ba (D G m w m m 0, O x YQ M Fi -a-11 ��yJ 7 G ry j 10 N 00 O, p+ c O y b a. N 0 O oa O N 7 • O V Ul O O ? 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