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Backup Documents 02/12/2019 Item #16A 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 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 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 be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP 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 County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County j\-VA:b—k ajacoi7) Commissioners 5. Minutes and Records Clerk of Court's Office 1 i 1,ci 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 2/12/19, .__� Agenda Item Number 16A6 Approved by the BCC Type of Document Bond,Maintenance Agreement Number of Original 2 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? '` ?' 'C 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 2/12/19 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 the Chairman's signature. Y 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 16A6 1 MEMORANDUM Date: March 1, 2019 To: Jodi Hughes, Project Manager Growth Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Performance Bond — CSM0288396 and Construction and Maintenance Agreement related Isles of Collier Preserve Phase 13 Attached for your records are copies of the documents referenced above, (Item #16A6) approved by the Board of County Commissioners on Tuesday, February 12, 2019. The original documents will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 1 6 A 6 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 1!`Ott day of Fehr .a.r , 20 14' between Minto Sabal Bay,LLC hereinafter referred to as "Developer", and 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 certain plat of a subdivision to be known as: Isles of Collier Preserve Phase 13 B. Chapter 4 and 10 of the Collier County Land Development Code required 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$408,782.72 which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated 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 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 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. 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 designee to inspect the required improvements. The County Manager or designee shall inspect the improvements and, if found to be still in compliance with the 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. 16A6 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or designee to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or designee. The County Manager or 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 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 1)441% day of ' rr o.ry , 20 19 . SIGNED IN THE PRESENCE OF: Minto Sabal Bay, LLC Witness: ►14 By: Printed Name: ./ / William Bullock,Vice President 4 Fitt a" ,Bdft'/(jKi Witne ss:j -a_ ,`/, Printed Name: iii A. (./JA Cc-kr-- ATTEST: c-krATTEST: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS OF COa RCO Y, FL• -IDA 61) r v--' Air- 01111411. Deputy CI t3Sf h I an's W./'. McDaniel, Jr., Chairman Appr ved as t81Iyoality: — =---7, --r- c---- / Agenda Scott A. Stone np,tQ &- o \ Assistant County Attorney Date _.lel' Rec' L eputy Clerk 1 6 A 6 PERFORMANCE BOND BOND NO. CMS0288396 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 RLI Insurance Company (Name of Surety) 9025 N. Lindbergh Drive (Address of Surety) Peoria, IL 61615 (Address of Surety) 309-692-1000 (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 Four Hundred Eight Thousand Seven Hundred Eighty-Two and 72/100 Dollars ($408,782 72 ) 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 13 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 6 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 29th day of January, 2019. WITNESSES: Minto Sabal Bay, LLC Ab Print Name: Lilliam Costello V. P. of Finance boa. 1141��.� Print Name: Norma Mohamed Printed Name/Title (Provide Proper Evidence of Authority) ACKNOWLEDGEMENT STATE OF r i.. CDA COUNTY OF 2;) �THE FOREGOING PERFORMAN E B NNP�WAS rACK�OWLE G, D BEFORE ME THIS d VS DAY OF ler..so.• , 201)), BY ,`;�t\\AAS Vr►C.e.-'i"tt5;•altn\OF MINTO SABAL BAY, LLC WHO IS PERSONALLY KWN TO ME, OR HAS PRODUCED LICENSE AS IDENTIFICATION. LAFAUCI Notary Public-State of R` ;a;:?�'.°y LAURAI FF X IRES;COMMFebruary ry 13,202 7789 �� 't` EXPIRES:February 13,2020 / +":00 Bonded ThruNotary Public Undenrriiers (SEAL) /-� aze.c. awn'4f,. Printed Name/ Lara LaFauci WITNESSES RLI Insurance Company ` I Guillermo Luis, Surety Witness Claudette Alexander Hunt,Attorney in Fact Alexander Hasen, Surety Witness 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 29th DAY OF JANUARY, 2019, BY CLAUDETTE ALEXANDER HUNT AS ATTORNEY IN FACT OF RLI INSURANCE COMPANY WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED LICENSE AS IDENTIFICATION. Notary Public- State of Florida boss?Ga�,� CAMILLE=M.CRUZ * „ * Commission 1i G0112026 (SEAL) '� - _ 4ic Expirr+a Augast 5,2021 'orFNP° Pdnk+eri'hribddgettervices Printed Name, Camilfe M. Cruz RLI surety POWER OF ATTORNEY 6 A 6 9025 N.Lindbergh Dr.I Peoria,IL 61615 Phone:(800)645-2402 I Fax:(309)689-2036 RLI Insurance Company www.rlicorp.com Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Claudette Alexander Hunt,Camille Marie Cruz,Jacqueline Jordan Hampton,jointly or severally in the City of Miami , State of Florida its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars($25,000,000.00). The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company,and now in force to-wit: "All bonds,policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 21st day of October , 2016 . ,,,, 1icEco. RLI Insurance Company IA cr.;GptiPORq rF��• SEAL% . = By: . vs Barton W.Davis Vice President • State of Illinois 'o„!l �,N,p,,,,,, SS County of Peoria CERTIFICATE On this 21st day of October 2016 before me,a Notary Public, I, the undersigned officer of RLI Insurance Company, a stock personally appeared Barton W. Davis , who being by me duly sworn, corporation of the State of Illinois, do hereby certify that the attached acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable; and officer of the RLI Insurance Company and acknowledged said instrument to furthermore, that the Resolution of the Company as set forth in the be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony whereof, I have hereunto sct my iarld and the seal of the RLI Insurance Company this t day of . . . . _. By: //f. B.L Jacque' e M.Bockler Notary Public P2LI insurrrce Company \' "OFFICIAL SEAL" 3 M1OTAR B } UPUBLIC �ACQUE.INe M.tOCKLFR y: STATE OF .J« COMMISSION EXPIRES 01/14/18 C►r Bacton W.Davis Vice President mmVVmm,mV,mvvyvVV,r 0955690020212 A0058514 16A6 Barraco 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 13 Plat Bond 11/8/2018 ITEM UNIT NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT I. EARTHWORK 110-2 Erosion Control/Maintenance 1 LS 510,000.00 $10,000.00 575-1 Sodding 10,269 SY $1.85 $18,997.65 SUB-TOTAL $28,997.65 II ROADWAY 522-1 Asphalt Path 2,476 SY $6.50 $16,094.00 522-2 4"Concrete Sidewalk 1,322 SY $20.00 $26,440.00 522-3 4"Concrete Sidewalk Removal 1,053 SY S1o.00 S10,530.00 522-4 Remove 3'Valley Gutter and Replace with F Curb 631 LF $20.00 S12,620.00 SUB-TOTAL: $65,684.00 III. DRAINAGE 425-1 Type"C"Inlet 5 EA $2,000.00 810,000.00 425-2 Junction Box 6 EA $3,800.00 $22,800.00 430-1 18"RCP Storm Sewer 667 LF $39.00 $26,013.00 430-2 24"RCP Storm Sewer 169 LF $50.00 $8,450.00 430-3 8"ADS Storm Drain 90 L.F. $17.50 81,575.00 430-4 12"ADS Storm Drain 3,481 L.F. $21.00 $73,101.00 430-5 8"Flared End Section 1 EA. 8350.00 8350.00 430-6 Yard Drain 36 EA $550.00 $19,800.00 SUB-TOTAL: $162,089.00 Page 1 of 2 16A6 ITEM UNIT NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT IV. WATERLINE AND ACCESSORIES A. Single Water Service 18 EA $600.00 $10,800.00 B. Double Water Service 17 EA $900.00 $15,300.00 C. Triple Water Services to be Removed/Capped 34 EA $50.00 $1,700.00 SUB-TOTAL: $27,800.00 V. SEWER SYSTEM A. 6"Sewer Service(Single) 6 EA $550.00 $3,300.00 B. 6"Sewer Service(Double) 22 EA $80o.o0 $17,600.00 C. Existing Single Services to be Removed/Capped 31 EA $50.00 $1,550.00 6"Sewer Cleanout with Concrete Collar and D. Electronic Markers 49 EA $400.00 $19,600.00 SUB-TOTAL: $42,050.00 VI. LANDSCAPING A. 1o'Height Buffer Tree 116 EA $250.00 $29,000.00 SUB-TOTAL: $29,000.00 VII. SITE LIGHTING FPL Town&Country Street Lights-Existing to be A. relocated 32 EA $500.00 $16,000.00 SUB-TOTAL: $16,000.00 TOTAL: $371,620.65 10%BOND TOTAL: $37,162.07 BOND TOTAL: $408,782.72 Estimated Date of Completion:12/2019 Barraco and Associates,Inc. 2271 McGregor Boulevard Timothy B. P.O.Drawer 2800 Gavin,P.E. Fort Myers,FL 33902-2800 Li: 70675 Certificate of Authorization No.7995 T''<zTN 2018.12.17 "` 16:34:20-05'00' Timothy B.Gavin,P.E. This item has been electronically signed and sealed using a SHA-i authentication code. Florida P.E.No.70675 Printed copies of this document are not considered signed and For the Firm sealed and the SHA-i authentication code must be verified on any electronic copies. Page 2 of 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 6 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 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#,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 a/A _ // 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office 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 2/12/19, Agenda Item Number 16A6 Approved by the BCC Type of Document Plat,Joinder and Consents and Supplement Number of Original 4 Attached Declaration 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, 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 2/12/19 and all changes made during the l'°‘1 meeting have been incorporated in the attached document. The County Attorney's � ���� Office has reviewed the changes,if applicable. ifrf,c � 9. Initials of attorney verifying that the attached document is the version approved by the 1°i z BCC, all changes directed by the BCC have been made, and the document is ready for the trt t Chairman's signature. e J i 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 16A6 , 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 I J I•4.‘ day of Jru , 2019, 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 36537466:2 16A6 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. Tract "0" and all Drainage Easements (D.E.) and Lake Maintenance Easements (L.M.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 36537466:2 16A6 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 CAA& y� 8« ..: By: :✓% � Printed Name:ER'cv+�w aa.Sk'r - WILLIAM BULLOCK, Vice Pres. Printed Name: 4. STATE OF FLORIDA COUNTY OF CoWE-e 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 I/'day of , 2019. My Commission Expires: ,�%lu' La tz • — Notaryublic '" 1?" u'•.. JULEMNN DAMELEWSIQ p{p /� ' ' MYOOMMISSION#FF977210 ✓►�C.�C 7OiiIiC4 lvc� l ExNRES*e _,4�y. Typed, printed or stamped name of Notary Public ',!•�• `OP.` Tin Notary Public UndscialMm 3 36537466:2 16A6 JOINED IN BY: ISLES OF COLLIER PRESERVE PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation � I rael By: Sia MICHAEL ELGIN, President Pn ed Name z} .. ature (CORPORATE SEAL) Printed Name STATE OF FLORIDA ) COUNTY OF 1 PP ) 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 MICHAEL ELGIN,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 4-1"" day of , 2019. ----,.� My Commission Expires: elLe No Public .ora:: •• JULIE ANN DANIELEWSKI Typed, printedstampedNotary �' � �:,* R3Yl:6MAdkSSION#FF9�2210 YI> > or name of Public .+-.:; EXPIRES:AM 8,2020 Baked Thsu Notary Public UnclartA rs .4110.40.0 4 36537466:2 16A6 EXHIBIT "A" Legal Description of Property ALL PROPERTY SHOWN ON THAT CERTAIN PLAT OF ISLES OF COLLIER PRESERVE PHASE 13, RECORDED IN PLAT BOOK , PAGES THROUGH , OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT ANY PROPERTY DEDICATED TO THE PUBLIC. 5 36537466:2 16A6 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-1 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 13 (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 corporation PrintName:Name: 4-Le¢dk p /11),/ By: Ii Print Name: [ j!✓s"4 --r/(Xit 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. WITNESS my hand and official seal in the County and State last aforesaid this 5141day of FJA-4 , 2018. 0c)_,L..L---4Q.)—.7 Notary Public, State of Florida at Large My commission expires: f p D cr.)ST ►i, 2,0-2..4.,2,0-2..4., 1 V keeik \..- r 1 Typed,Printed or Stamped Name of Notary Public /�r `p�e� Valerie L.Pike ,/ lNotaryPublic-Staten#Florida rik 4sl Commission#GG 22100 \•.6.2!$‘_.„9,,w� Expires 08/17/2020 6 36537466:2 1 6 A 6 CONSENT TO SUPPLEMENTAL DECLARATION The undersigned WELLS FARGO BANK,N.A.(the"Mortgagee"),as holder of that certain Mortgage and 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 13 (the"Phase 13 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 13 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 day of February,2019. Signed, sealed and delivered WELLS FARGO BANK,NATIONAL in the presence of: ASSOCIATION, as Administrative Agent LCU(tlita By: Print Name: � r � ( � ��� E'" Susan Beaugrand,Senior Vice President 11 • Address:1 Independent Drive, 10th Floor / 1' `" Jacksonville,Florida 32202 Print Name: Kathryn C.Bateman STATE OF FLORIDA COUNTY OF DUVAL THE FOREGOING INSTRUMENT was acknowledged before me this • day of February,2019,by Susan Beaugrand, as Senior Vice President of Wells Fargo Bank, National Association, a national banking association, on behalf of the association,who is personally known to me. Notary Public, State of Florida KA[HR'r% Notary Public - State c •,► i .J- My Comm. Expires Feb 29. :_t Commission # FF 17153? 7 36537466:2 16A6 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 13, 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 W I TN E S S WHEREOF the said Mortgage holder has duly executed this instrument this 1-61.\-- day oft , 2019. CDC Land Investments, Inc., a Florida orpor do By: PATRICK L. UTTER, Vice President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 13'41 day of P -41-011-12)-1 , 2019, by PATRICK L. UTTER, as Vice President of CDC Land Investments, Inc., a Florida corporation, who is personally know to me. (STAMP) A4,6 Valerie L.Pike C c).. d `E, Notary Public•State of Florida Notary Public, State of Florida m„, Commission#GG22f00 'PF"•��` Expires 08l17/2020 Print Name: VAS L. �,ic.2 o�" My Commission Expires: aNc sr C,) ZaZa 36537454:1 16A6 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 13, 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 February, 2019. WELLS FARGO BANK,NATIONAL ASSOCIATION By: , - Susan Beaugrand, S'enior Vice President STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this '. day of February, 2019, by Susan Beaugrand, as Senior Vice President of WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, on behalf of the association, who is personally known to me. (STAMP) Notary Public, State of Florida �`F'' KATHRYN C. BATEMAN ��:"' � � Kath C.Bateman ^,8 :`: Print Name: � , �}� Notary Pubic -State of Florida My Comm. Expires Feb 20.2019 My Commission Expires: Commission # FF 171539 36537430:1 1 6 A 6 Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 12, 2019 ADVERTISED PUBLIC HEARINGS NONE CONSENT AGENDA 16.A.6. This item requires that x parte disclosure be provided by Commission members.Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Isles of Collier Preserve Phase 13, (Application Number PL20180002: • •) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Ak NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings ]Correspondence e-mails EICalls SUMMARY AGENDA 17.A. This item requires that x parte disclosure be provided by Commission members.Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution renaming Breeze Court to Justins Way.The subject street is located south of Calusa Avenue,just west of Airport-Pulling Road, in Section 11,Township 50 South, Range 25 East,Collier County, Florida. [P120180002683] NO DISCLOSURE FOR THIS ITEM 1 SEE FILE OMeetings OCorrespondence le-mails I iCalls 1 6 A 6 Ex parte Items - Commissioner Burt L. Saunders COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 12, 2019 ADVERTISED PUBLIC HEARINGS NONE CONSENT AGENDA 16.A.6. This item requires that ex parte disclosure be provided by Commission members.Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Isles of Collier Preserve Phase 13, (Application Number P120180002844) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE OMeetings pCorrespondence e-mails DCalls SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution renaming Breeze Court to Justins Way. The subject street is located south of Calusa Avenue, just west of Airport-Pulling Road, in Section 11, Township 50 South, Range 25 East, Collier County, Florida. [PL20180002683] NO DISCLOSURE FOR THIS ITEM SEE FILE [1:Meetings 1 'Correspondence e-mails Calls 1 6 A 6 Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 12, 2019 ADVERTISED PUBLIC HEARINGS (NONE) CONSENT AGENDA 16.A.6. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Isles of Collier Preserve Phase 13, (Application Number PL20180002844) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Cl NO DISCLOSURE FOR THIS ITEM fl SEE FILE riMeetings _Correspondence I le-mails Calls SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution renaming Breeze Court to Justins Way.The subject street is located south of Calusa Avenue,just west of Airport-Pulling Road, in Section 11,Township 50 South, Range 25 East, Collier County, Florida. (PL20180002683] Cl NO DISCLOSURE FOR THIS ITEM fl SEE FILE [—Meetings 11Correspondence I [e-mails I Calls 1 6 A 6 Ex parte Items - Commissioner Penny Taylor COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 12, 2019 ADVERTISED PUBLIC HEARINGS NONE CONSENT AGENDA 16.A.6. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Isles of Collier Preserve Phase 13, (Application Number P120180002844) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 12 NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings I ]Correspondence De-mails Calls SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution renaming Breeze Court to Justins Way.The subject street is located south of Calusa Avenue,just west of Airport-Pulling Road, in Section 11,Township 50 South, Range 25 East, Collier County, Florida. [P120180002683] 12 NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings Correspondence De-mails Calls 1 6 A 6 Ex parte Items - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 12, 2019 ADVERTISED PUBLIC HEARINGS -- NONE REQUIRIING DISCLOSURE CONSENT AGENDA 16.A.6. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Isles of Collier Preserve Phase 13, (Application Number PL20180002844) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings Correspondence _e-mails ❑Calls SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution renaming Breeze Court to Justins Way.The subject street is located south of Calusa Avenue,just west of Airport-Pulling Road, in Section 11,Township 50 South, Range 25 East, Collier County, Florida. [P120180002683] [> NO DISCLOSURE FOR THIS ITEM [l SEE FILE ( 1Meetings I !Correspondence _e-mails ❑Calls