Agenda 01/14/2020 Item #16A 6 (Resolution - Gaspar Station Phase Three Roadway & Drainage Improvements)01/14/2020
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Gaspar Station - Phase Three, Application Number
PL20160001055, and authorize the release of the maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the
infrastructure improvements associated with the subdivision, and release the maintenance security.
CONSIDERATIONS:
1) On April 19, 2018, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Gaspar Station - Phase Three.
2) The roadway and drainage improvements will be maintained by the Gaspar Station Owners
Association, and A. Grover Matheney.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on October 28,
2019, and is recommending final acceptance of the improvements.
4) A resolution for final acceptance has been prepared and approved by the County Attorney's
Office. The resolution is a requirement of Section 10.02.05 C of the Land Development Code. A
copy of the document is attached.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the Gaspar Station
Owners Association, and A. Grover Matheney. The existing security in the amount of $96,916.05 will be
released upon Board approval, and it is based on the work completed and pursuant to the terms of the
Construction and Maintenance Agreement dated April 17, 2017.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - SAA
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
Gaspar Station - Phase Three, Application Number PL20160001055, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements.
2. The Clerk of Courts to release the maintenance security.
Prepared By: Lucia S. Martin, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.6
Packet Pg. 577
01/14/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 11092
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of Gaspar Stati on - Phase Three, Application
Number PL20160001055, and authorize the release of the maintenance security.
Meeting Date: 01/14/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/10/2019 4:15 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
12/10/2019 4:15 PM
Approved By:
Review:
Growth Management Development Review Chris Scott Additional Reviewer Completed 12/10/2019 4:23 PM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 12/11/2019 8:13 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/11/2019 8:33 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/12/2019 9:51 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/16/2019 12:30 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 12/16/2019 6:29 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/17/2019 7:37 AM
Growth Management Department Lucia Martin Deputy Department Head Review Skipped 12/17/2019 8:02 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/17/2019 5:04 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 12/23/2019 7:59 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/23/2019 11:08 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/26/2019 4:57 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/27/2019 9:41 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/06/2020 10:34 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/14/2020 9:00 AM
16.A.6
Packet Pg. 578
GASPAR STATION – PHASE THREE
LOCATION MAP
16.A.6.a
Packet Pg. 579 Attachment: Location Map (11092 : Final Acceptance - Gaspar Station Phase Three)
ASSIGNMENT AND ASSUMPTION OF
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS ASSIGNMENT AND ASSUMPTION OF CONSTRUCTION, MAINTENANCE AND ESCROW
AGREEMENT FOR SUBDIVISION IMPROVEMENTS ("Assignment"), is made and entered into as of
&SSSir^, 2017 P'Assienment Date") by and between A. GROVER MATHENEY, AS SUCCESSOR
TRUSTEE UNDER THAT CERTAIN LAND TRUST AGREEMENT DATED JUNE 29, 1988
F'Assienor"), and JSF USEPPA WAY CMPII, LLC, a South Carolina limited liability (".Assignee").
WITNESSETH:
A. Assignor and the Board of Commissioners of Collier County, Florida (the "Board"^ previously
entered into that certain Construction, Maintenance and Escrow Agreement for Subdivision Improvements, dated as
of^Ialre^Vl, 2017 and attached hereto as ExhibitA ("CMA"); documenting Assignor's obligation to construct certain
subdivision improvements in connection the approval of that certain plat of a subdivision known as Gaspar Station -
Phase 3 t((Subdivision"):
B. Subject to the terms and conditions set forth herein and that certain Contract to Buy and Sell Real
Property, effective as of May 4, 2016, between Assignor and Assignee, as amended, Assignor desires to assign to
Assignee all of its estate, right, title, interest and obligations in and to the CMA.
C. Subject to the terms and conditions set forth herein, Assignee desires assume from Assignor, all of
Assignor's estate, right, title, interest and obligations in and to the CMA.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto hereby agree as follows:
1. Effective as of the Assignment Date, Assignor hereby assigns, sells, transfers, sets over and delivers
unto Assignee all of Assignor's estate, right, title, interest and obligations in and to the CMA, and Assignee hereby
accepts such assignment.
2. Assignee, for itself and for its successors and assignees, agrees to, and hereby does, assume and
agrees to keep, perform, be bound by and observe all of the terms, covenants, conditions, agreements, provisions and
obligations contained in the CMA to be kept, performed and observed by Assignor under the CMA, and indemnifies
Assignor from and against any and all claims relating to the performance thereof, or by and through such CMA.
3. This Assignment may be executed in counterparts, each of which shall be deemed an original, but
all of which, together, shall constitute one and the same insh'ument. Assignor and Assignee hereby acknowledge and
agree that facsimile signatures or signatures transmitted by electronic mail in so-called "pdf format shall be legal and
binding and shall have the same full force and effect as if an original of this Assignment had been delivered. Assignor
and Assignee (i) intend to be bound by the signahires on any document sent by facsimile or elech'onic mail, (ii) are
aware that the other party will rely on such signatures, and (iii) hereby waive any defenses to the enforcement of the
terms of this Assignment based on the foregoing forms of signature,
4. This Assignment shall be binding upon and inure to the benefit of the successors, assignees, personal
representatives, heirs and legatees of all the respective parties hereto.
5. This Assignment shall be governed by, interpreted under, and construed and enforceable in
accordance with, the laws of the State of Florida.
Page 1 of 2
16.A.6.b
Packet Pg. 580 Attachment: Bond Basis (11092 : Final Acceptance - Gaspar Station Phase Three)
IN WITNESS WHEREOF, Assignor and Assignee have executed and delivered this Assignment as of the
day and year first written above.
"Assignor"
A. GROVER MATHENEY, AS SUCCESSOR
TRUSTEE UNDER THAT CERTAIN LAND
TRUST AGREEMENT DATED JUNE 29, 1988
"Assignee"
JSF USEPPA WAY CMPII, LLC,
a South Carolina limited liability company
By: National Safe Harbor Exchanges, a California
corporation
Its: SoIeM.emb.erV/
?'7.,./' // •s:.By: f"^' /! "7\
Name: Martin KarbL
Its: /Vice President
Page 2 of 2
16.A.6.b
Packet Pg. 581 Attachment: Bond Basis (11092 : Final Acceptance - Gaspar Station Phase Three)
IN WITNESS WHEREOF, Assignor and Assignee have executed and delivered this Assignment as of the
day and year first written above.
"Assignor"
A. GROV^RI^THENEY, AS^UCCESSOR
TRUSTEE UNDER THAT CERTAIN LAND
TRUST AGREEMENT DATED JUNE 29, 1988
"Assignee"
JSF USEPPA WAY CMPII, LLC,
a South Carolina limited liability company
By:.
Name:
Its:
Page 2 of 2
16.A.6.b
Packet Pg. 582 Attachment: Bond Basis (11092 : Final Acceptance - Gaspar Station Phase Three)
EXHIBIT A
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
[See attached.]
16.A.6.b
Packet Pg. 583 Attachment: Bond Basis (11092 : Final Acceptance - Gaspar Station Phase Three)
Exhibit
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this n^ day ofMaf^b, 20 17 by A. GROVER MATHENEY,
AS SUCCESSOR TRUSTEE UNDER THAT CERTAIN LAND TRUST AGREEMENT DATED JUNE 29,
1988 (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, (hereinafter "The Board") and CONROY, CONROY & DURANT, PA. (heremafter "Escrow
Agent").
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: GAPSAR STATION - PHASE 3.
B. The subdivision will include certain improvements which are required by Collier County
ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by J.R. Evans
Engineering, P.A., a copy of which is attached hereto and incorporated herein as Exhibit 1. For
purposes of this Agreement, the "Requu-ed Improvements" are limited to those described in the
Estimate.
C. Sections 10.02.05 C. and 10.02.04 of the Collier County Subdivision Code Division of the Unified
Land Development Code require the Developer to provide appropriate guarantees for the
construction and maintenance of the Required Improvements.
D. Developer has deposited Ninety Six Thousand Nine Hundred Sixteen and 05/100 Dollars
($96,916.05) (the "Escrowed Funds") with Escrow Agent to fund the cost of the Required
Improvements.
E. Developer and the Board have acknowledged that the amount Developer is required to guarantee
pursuant to this Agreement is Six Thousand Nine Hundred Sixteen and 05/100 Dollars
($96,916.05), and this amount represents 110% of the Developer's engineer's estimate of the
construction costs for the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set
forth. Developer, the Board and the Escrow Agent do hereby covenant and agree as foHows:
1. Developer will cause the water, sewer, roads, drainage and like facilities, the Requu'ed Improvements,
to be constructed pursuant to specifications that have been approved by the County Manager or his
designee within ten (10) months from the date of approval of said subdivision plat.
2. Developer hereby authorizes Escrow Agent to hold the Escrowed Funds pursuant to the terms of this
Agreement.
3. Escrow Agent agrees to hold the Escrowed Funds and disburse same only pursuant to this Agreement.
4. The Escrowed Funds shall be released to the Developer only upon written approval of the County
Manager or his designee who shall approve the release of the funds on deposit not more than once a
month to the Developer, in amounts due for work done to date based on the percentage completion
of the work multiplied by the respective work costs less ten percent (10%); and further, that upon
completion of the work, the County Manager or his designee shall approve the release of any
remainder ofescrowed funds except to the extent of $15,313.80 which shall remain in escrow as a
Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1)
year pursuant to Paragraph 1 0 of the Agreement.
16.A.6.b
Packet Pg. 584 Attachment: Bond Basis (11092 : Final Acceptance - Gaspar Station Phase Three)
However, in the event that Developer shall fail to comply with the requirements of this Agreement,
then the Escrow Agent shall disburse to the County immediately upon demand the balance of the
Escrowed Funds held by Escrow Agent, as of the date of the demand, provided that upon payment of
such balance to the County, the County will have executed and delivered to the Escrow Agent m
exchange for such funds a statement to be signed by the County Manager or his designee to the effect
that:
(a) Developer for more than sixty (60) days after written notification of such failure has failed
to comply with the requirements of this agreement;
(b) The County, or its authorized agent, will complete the work called for under the terms of the
above-mentioned contract or will complete such portion of such work as the County, in its sole
discretion shall deem necessary in the public interest to the extent of the funds then held in escrow;
(c) The Escrowed Funds drawn down by the County shall be used for construction of the Required
Improvements, engineering, legal and contingent costs and expenses, and to offset any damages,
either direct or consequential, which the County may sustain on account of the failure of the
Developer to carry out and execute the above-mentioned development work; and
(d) The County will promptly repay to the Lender any portion of the funds drawn down and not
expended in completion of the said development work.
5. Written notice to the Escrow Agent by the County specifying what amounts are to be paid to the
Developer shall constitute authorization by the County to the Escrow Agent for release of only those
specified funds to the Developer. Payment by the Escrow Agent to the Developer of the amounts
specified m a letter of authorization by the County to the Escrow Agent shall constitute a release by
the County and Developer of the Escrow Agent for die specified funds disbursed in accordance with
the letter of authorization from the County.
6. The Required Improvements shall not be considered for preliminary approval 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 Subdivision Regulations.
7. 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 the improvements,
therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's
approval of the Required Improvements. However, in no event shall the County Manager pr 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.
8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board,
after duly considering the public interest, may at its option complete the Required Improvements and
resort to any and all legal remedies against the Developer.
9. Nothing in this Agreement shall make the Escrow Agent liable for any funds other than those placed
in escrow by the Developer in accordance with the foregoing provisions; provided, that the Escrow
Agent does not release any monies to the Developer or to any other person except as stated m this
Escrow Agreement to include closing the account, or disbursing any funds from the account without
first requesting and receiving written approval from the County.
10. The Developer shall maintain all Required Improvement for one year after preliminary approval by
the County Manager or his designee. After the one year maintenance period by the Developer and
upon submission of a written request for inspection, the County Manager or his designee shall inspect
the Required Improvements and, if found to be still m compliance with the Code as reflected by final
16.A.6.b
Packet Pg. 585 Attachment: Bond Basis (11092 : Final Acceptance - Gaspar Station Phase Three)
approval by the Board, Escrow Agent s responsibility to the Board under this Agreement shall
immediately terminate. The Developers responsibility for maintenance of the Required
Improvements shall continue unless or until the Board accepts maintenance responsibility for aud by
the County.
11. All of the terms, covenants and conditions herein contained are and shall be binding upon the
respective successors and assigns of the Developer and the Escrow Agent.
IN WITNESS WHEREOF, the Board and the Developerand Escrow Agenj^l^^e caused this Agreement to be
executed by their duly authorized representatives this H4^> day of'Matf^, ^017.
SIGNED IN THE PRESENCE OF:
'^2sS^
^'
Printed l^ame:^9^7W^^ e^ .^f&^y
^Z—z/^>
PrintedName: ^w^ ^ ^c-'^^
DEVELOPER:
By; ^
\. GR5VER MATHENEY, A"S SUCCESSOR TRUSTEE
JNDER THAT CERTAIN LAND TRUST AGREEMENT
3ATED JUNE 29, 1988
SIGNED W THE PRESENCE OF:d//]A(r ESCROW AGENT:
ICONROY, CONROY & DURANT, P.A.
»y . /^fij^L^^Tt^J^ ^[Printed Na^ie:Lisa Wrtpht By,JDL/ ^Kristin M. Conroy
[Printed Name:Vice-President
ATTEST:
DWIGHT E. BROCK, CLERK
By: _
Deputy Clerk
Approved as to fonn and legality:
Scott A. Stone, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA
B^L
3hamnan
16.A.6.b
Packet Pg. 586 Attachment: Bond Basis (11092 : Final Acceptance - Gaspar Station Phase Three)
Exhibit 1
Gaspar Station - Phase 3
Pesfamarxs Bond
Opfoion of Probable Cost
14-Mar-17
Paving
,;-"; ^:^ - DESCRtPnOH -^ ^ '-:,
1.5*Mphatt
S* Umerocfc Base fcomiHffit & otime}
12" StabijzEdSubgTade
S'Carsaste
6* Conaete Ssdewatlt
TweT^Cud)
3'VaSsySuttsf Crossing
UMfT^?
SY
sy-
SYsv
svLF
If
.-: -':«TVr''.-'::.
887
887
1.02825
181459
147
-tiNTTPSJEEJffJ
S9.D
$1.8
^t3-S
$2iLB
$11-S
$10.0
SUSTOTAL
fst^a.^ss^
S8,S03^
SS.073.0(
S2D&3.7(S325JO(
S4.7D6.ffl
S4.8MEK
$1,47(MK
$28.027.8;
Misc. site Wortt
.:Y'^-^^.^a^Cfi^i>TION;;';::.1'' —- ;.^
UflhtPdes
^IU?T--^
EA
^'.'ffTV^:"
2
Drainage
^K:^-^.-^._jaESC?P?K3H';...-c;.^. •:~
18'RCP
24"RCP
38'RCP
AaicfisnBox
Twe¥ Intel wth 'C' Boaom
Type 1ff bitet »^h ^ Brttom
Twe •ff Int^ wUh IE" Bottom
^W?f^.^~^
LF3E^KEAEA
-E^
^^^<srf..:^:.
33
22822
1
J_1
1
tBiirpsteei
$1.800.%] I
SUBTOTAL
,WTf^SSOGK^
$3.000.00
u.oco.oo
UWTFRICET
928LDOI
S35.001
?47.QD|
S2JQQQ.QQ\
32.WO.OOI
S3.SOO.DOI
S3.5SO.DOI
TOTAL
$924 JM
$7.9tOJS
$1.034 SQ
S2,CQO.OC
S2,DOaj[K]
$3,50a.M]
S3,SOO.M
Potable Water System
:-...- ^ ^-WGtc&ayfwH '. •: : • •..:
8' C-ffllO-CL-ZOS Water MSBI
B- C-80D^l.-15Q Water MaaT
Tie into Existing
Fire Hiffteud feessf&^ Cofnplfite
fttrtomatic RhistBns Owice
Pefmanent Sampje Posrt
S'GaSeV^ue
UMT ^IF
LFEA
~€A
~€A
€A
£A
GTf ^
ISO
3391T1:1
3
UNirpmcE
^2LS!
S1B.S)
si^aaoLiH
^2,380-01
sa^ao-QffijQQQSt
5500.EH
TOTfiL
^m^pss^^
S4.DS5.DO
S4.485.ffl)
si.30o.ao
$2.380.0(1
S3LQSSQJSQ
$1,000.00
Sl.SOO.OO
UVsstewater System
r;:'^T^::Qtecfwrrto^.'^'-:--;;\."'";:
3'Gravity Main
WaifliDte
^itaanafic F&irfeng Device
Soonect to Eiss&ifl MsuArie
Latarai Sefvice Cofnfltete
"r.-UIBT-.':'
TJ"
~EA~
~EA~
~E^
;EA_
T':'^QTf::::'-.:.
~w
i
1
1
2
Us&ppa Way Impravemenfa TOTALJ
30% Bond!
TOTAL Bond I
Uffit^EBCE^^i
S20.00|
$2,fflB.(B|
,?1,25DJEH3|
$760.001
$2.fflB.(HH
TOTAL
^^OTAtfiEBCE^;
si.&sa.oo
52.DOO.OO
}1.250.0(]
S78Q.OO
t.QQQ.QQ
U970.00
5S0.085.8S
SS.008.80
$88.405.35
16.A.6.b
Packet Pg. 587 Attachment: Bond Basis (11092 : Final Acceptance - Gaspar Station Phase Three)
PERFORMANCE BOND
BOND NO. e252077
KNOW ALL PERSONS BYTHESE PRESENTS: that
JSF USEPPA WAY CMPII LLC (Name of Owner)
(Address of Owner)
(Address of Owner)
100 Dunbar Street Suite 400
Spartanburg, SC 29302
(Hereinafter referred to as "Owner") and
Fidelitv and Deposit Companv (Name of Surety)
1299 Zurich Way (Address of Surety)
Schaumburg, lL 60196 (Address of Surety)
1-800-382-2150 (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 NinetySixThousandNineHundredsilteen&0s/100 Dollars
(S e6'e16.09 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
req u ires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board of a certain subdivision plat named GASPAR Station - Phase 3 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, thatthe said Surety, forvalue received hereby, stipulates and agreesthat
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
16.A.6.b
Packet Pg. 588 Attachment: Bond Basis (11092 : Final Acceptance - Gaspar Station Phase Three)
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.
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 7th day of)yne/2O|7.
ACKNOWLEDGEMENT
STATE OF
couNrYor 1&z ---\-
E BOND WAS ACKNOWLEDGED BEFORE
D^(.-,
rI-(J
THE FOREGOING PER
U.^-q-20 11- ,
(rrLE) o
KNOW TO ME, O++{+qS-Pfl€r.oUl€ED
ME THIS DAY OF
(NAME
FORMANCI
/ }q,
OF ACKNOWLEDGER)AS C-FS
CoMPANY)WHO tS P
AS IDENTIFICATION.
Notary Public - State of
(sEAL)
"..$xio . **
= icoMMtsstoN i
==_- iEXP|RES ! s,,ry;#;[i-N
It-.L(-
WITNESSES:Owner: JSF USEPPA WAY CMPll, LLC,-.._.
Rl^Lr9,n^By:
Printed Name
F
P r i n t ed'+{att'"l***---Arun-Aft</r-'tsAru*.nu-<-
(Provide Proper Evidence of Autho
Printed Name E!:@8J-)a
WITNESSES:
I
Surfl( ridet\tVgO Deposit Company of Maryland
Lrvn*ra,,By J U$r-$
Printed Name -
Tina Salas
Printed Name/Title David Weise, Attorney-in-Fact
(Provide Proper Evidence of Authority) - See attached Power of Attorney
Printed Name
n me D\.l^1!-rr+r!1*.^-(-)
:..r*r-Co*c$^-*)
16.A.6.b
Packet Pg. 589 Attachment: Bond Basis (11092 : Final Acceptance - Gaspar Station Phase Three)
CONSENT CERTIFICATE OF JOHNSON DEVELOPMENT ASSOCIATES,
INC.
ACTION BY DIRECTORS
The undersigned being all the Directors ol JOI-INSON DEVELOPMENT
ASSOCIATES, INC (the "Corporation"), a corporation incorporated under the laws of
the State of South Carolina, hereby consents to and adopts the following as the action of
this Corporation:
WHEREAS, that George Dean Johnson, Jr. and Dan C. Breeden, Jr.
continue to serve as the directors of this corporation.
WHER"EAS, that the following ol'ficers of the corporation continue lo
serving in their respective designated capacities:
George Dean Johnson, I
Jason C. Lynch
Tyler Cooper
Dan C. Breeden, Jr.
cEo
Vice President
cFo
Secretary and Treasurer
RESOLVED, that in accordance with the continuing resolution of the
directors dated on or about July 7,2003, and there have been no changes,
amendments or modifications thereto except as attached hereto; and that
any of the above named officers of the Corporation, signing singly, are
hereby authorized and directed to execute and deliver on behalf of the
Corporation any and all documents necessary to transact business on
behalf of the Corporation; including, without limitation, contracts for the
purchase and sale of land, deeds, loan documents, closing statements,
mortgages and all other documents and instruments as may be necessary
to carry on the business and affairs ofthe Corporation.
The unanimous consent of the directors may be evidenced by their signatures on
one or more copies of this document, which sha be filed in the records of the
corporation. The adoption of these resolutions by the unanimous written consent ofthe
directors has the effect of the adoption of these resotutions by a vote at a meeting of the
directors, and may be so described in any document.
16.A.6.b
Packet Pg. 590 Attachment: Bond Basis (11092 : Final Acceptance - Gaspar Station Phase Three)
16.A.6.c
Packet Pg. 591 Attachment: Resolution (11092 : Final Acceptance - Gaspar Station Phase Three)
16.A.6.c
Packet Pg. 592 Attachment: Resolution (11092 : Final Acceptance - Gaspar Station Phase Three)
16.A.6.d
Packet Pg. 593 Attachment: Plat Map (11092 : Final Acceptance - Gaspar Station Phase Three)
16.A.6.d
Packet Pg. 594 Attachment: Plat Map (11092 : Final Acceptance - Gaspar Station Phase Three)