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Agenda 06/22/2021 Item #16A10 (Release Performance Bond - Isles of Collier Preserve)06/22/2021 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $122,340 which was posted as a guaranty for Excavation Permit Number PL20180002133 for work associated with Isles of Collier Preserve Parcel S, and a Performance Bond in the amount of $52,184 which was posted as a guaranty for Excavation Permit Number PL20190002337 for work associated with Isles of Collier Preserve Phase 14. OBJECTIVE: To release a security which was posted as a development guaranty. CONSIDERATIONS: The Development Review Division routinely accepts securities administratively as guaranties for developer commitments in accordance with Section 22-115 of the Collier County Code of Ordinances. The work associated with these securities has been inspected and the developer has fulfilled his commitments with respect to these securities. The Performance Bonds were posted as securities for Excavation Permits No. PL20180002133 and PL20190002337 associated with Isles of Collier Preserve Phase 14. The As-Built lake cross sections have been received and the lakes have been inspected on April 14, 2021 by the Development Review Division. FISCAL IMPACT: There is no fiscal impact associated with this action. 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. - DDP RECOMMENDATION: To authorize the Clerk of Courts to release a Performance Bond in the amount of $122,340, and a Performance Bond in the amount of $52,184. Development Review staff will issue a Memorandum to the Clerk of Courts upon approval of this item by the Board of County Commissioners, advising the Clerk of this action. Prepared by: Lucia S. Martin, Associate Project Manager, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis - Parcel S (PDF) 3. Bond Basis - Phase 14 (PDF) 16.A.10 Packet Pg. 789 06/22/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10 Doc ID: 15973 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $122,340 which was posted as a guaranty for Excavation Permit Number PL20180002133 for work associated with Isles of Collier Preserve Parcel S, and a Performance Bond in the amount of $52,184 which was posted as a guaranty for Excavation Permit Number PL20190002337 for work associated with Isles of Collier Preserve Phase 14. Meeting Date: 06/22/2021 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 05/18/2021 12:46 PM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 05/18/2021 12:46 PM Approved By: Review: Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 05/19/2021 1:53 PM Growth Management Department Lissett DeLaRosa Growth Management Department Completed 05/21/2021 10:41 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 05/21/2021 6:19 PM Growth Management Department Matthew McLean Additional Reviewer Completed 05/24/2021 9:01 AM Growth Management Department Trinity Scott Transportation Skipped 05/18/2021 3:36 PM Growth Management Department James C French Growth Management Completed 05/25/2021 9:33 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 05/25/2021 10:16 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/25/2021 10:34 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/26/2021 11:18 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/01/2021 9:23 AM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 06/13/2021 10:21 AM Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM 16.A.10 Packet Pg. 790 THE ISLES OF COLLIER PRESERVE PHASE 14 (FKA PARCEL S) LOCATION MAP 16.A.10.a Packet Pg. 791 Attachment: Location Map (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14) EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this ' 2 4 day of 2018 between Minto Communities, LLC hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". WHEREAS, Developer has applied for an excavation permit in accordance with Section 22-106, et al of the Collier County Code of Laws and Ordinances, and the Collier County Land Development Code, including but not limited to Section 3.05.'10 (collectively, the "Excavation Regulations"); and WHEREAS, the Excavation Regulations require the Developer to post appropriate guarantees and execute an Excavation Performance Security Agreement stating applicant will comply with the Excavation Regulations and Excavation Permit No. PL20180002133 (the "Excavation Permit"). 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 agrees to comply with the Excavation Regulations and the Excavation Permit (the "Excavation Work"). 2. Developer herewith tenders its excavation performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $122.340.00. ln the event of default by Developer or failure of Developer to complete the Excavation Work within the time required by the Excavation Regulations and Excavation Permit, Collier County, may call upon the excavation performance security to insure satisfactory completion of the Excavation Work. The Excavation Work shall not be considered complete until Developer notifies the County that the Excavation Work is complete and the final Excavation Work is reviewed and approved by the County Manager or designee for compliance with the Excavation Regulations. The County Manager or designee shall, within sixty (60) days of receipt of notification by Developer in writing that the Excavation Work is complete, either: a) notify Developer in writing of his approval of the Excavation Work; or b) notify the Developer in writing of his refusal to approve the Excavation Work, therewith specifying those conditions which Developer must fulfill in order to obtain the County Manager's approval of the Excavation Work. ln the event 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 excavation performance security to secure satisfactory completion, repair and maintenance of the Excavation Work. 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 Excavation Work. The Developer, as principal under the excavation performance security, shall be liable to pay and to indemnify the Board, upon completion of such \L 3 4 5 6 16.A.10.b Packet Pg. 792 Attachment: Bond Basis - Parcel S (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14) 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 Developer to fulfill all of the provisions of this Agreement. EOF Minto munitie oez Brian Cale, Vice President (Provide Proper Evidence of Authority) SIGNED IN Sign Printed Na e By 6-krr,e-L & Printed Name ATTEST: OF By: Crystal Kinzel, CLERK Clerk of the Circuit Court & ComptollerCollier County, Florida to form and legality Scott A. Stone Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COUNTY,FLORIDA4tuu as designee of the County Manager pursuant to Resolution No. 2015- 162 7. All of the terms, covenants and conditions herein contained are and shall be binding upon Developer and the respective successors and assigns of Developer. lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives tnis -\-flUay of (2Jokr ,2018. el 16.A.10.b Packet Pg. 793 Attachment: Bond Basis - Parcel S (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14) €\t,L, ] "A KNOWALL PERSONS BY THESE PRESENTS: thAt PERFORNiIANCE BOND FOR EXCAVATION WORK Minto Communities, LLC 10150 Highland l/anor Drive, Suite 200 Tampa, FL 33610 RLI lnsurance Company 9025 North Lindbergh Drive Peoria. lL 61615 (309) 692-1000 (hereinafter referred to as "Owner") and (hereinafter referred to Hundred a referred to as "Surety") are as "County") in the total ag nd Fortv and 00h00 Dolla held and firmly bound unto Collier County, Florida, (hereinafter gregate sum of One Hundred Twentv Two Thousand.Three rs ($122.340.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bin successors and assigns, jointly and severally, firmly by d ourselves, our heirs, executors, administrators, these presents. Owner and Surety are used for singular or plural, as the context requtres. THE CONDITION OF THIS OBLIGATTON is such that whereas, the owner has submitted for approval by the Board a certain excavation permit no. PL2O18OOO2133; lsles of Collier Preserve Parcel S and that certain excavation permit shall include specific improvements which are required by Collier County Ordinances and Resoluiions (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 completion of the work and approval by the county of the specific improvements described in the Land Development Regu lations'(hereinaftir the "Guarinty Period") or until replaced by a new bond in the event of a change of Ownership. 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 incuried and shall fully indemnify and save harmless ine 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 oblig;tion 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 oi deletion to the proposed specific improvements shall in any riay atect its obligation on this Bond, and it does hereby waive notice of any such change, extension of iime,'alteration, add-ition or deletion to the proposed specific improvements PRoV|DEDFURTHER,thatitisexpresslyagreedthattheBondshallbedeemedamended automatical|yandimmediately,Withoutformalandseparateamendmentshereto,soastobindtheowner ""Jtn" Srr6ty to the full andlaithful performance in accordance with the Land Development Regulations' The term ,,Amendment,,' wherev;r ;seO in tfris Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever' lNWlTNESSWHEREoF,thepartiesheretohavecausedthiSPERFoRMANcEBoNDtobeexecuted this 28th day of Septem [1s-rDs-01664/1153600/1] er. 2018 Bond No. CM50288394 16.A.10.b Packet Pg. 794 Attachment: Bond Basis - Parcel S (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14) WITN ESSES Printed Name OQ\,LY Lu'K- Printed Name /YlotWneD STATE OF COUNTY OF Minto Communities, LLC By iam CostelloLi V. P. of Finance Printed Name/Title (Provide Proper Evidence of Authority) ACKNOWLEDGEM ENT TH REGOING PERFORI\4 ANCE BOND WAS ACKNOWLE (NAME OF ACKNOWLEDGER)rrfl BEFORE MET\-o HIF ,20 B AS (TITLE)OF (NAI\4E OF COMPANY)Minto Com PERSONALLY KNOWN TO I\4E, OR HAS PRODUCED munities, LLC WHO lS AS IDENTIFICATION Notary Public - State of nted Name A\rc, (SEAL) o ra-_ RLI lnsurance CompanYWITNES'E J,f,.l{,-!- ted Name, J ie Reinoso WHO IS PERSONALLY KNOW Notary Public - State of Florida .-*-J.l Printed Name, l4-EtS-02650/7 am By:Ap. Cla udette Alexander H unt. Attornev -in-Fac1: !a .sPrinted Name, Nicole Pa neque ACKNOWLEDGI\iIENT STATE OF Florida COUNTY OF Miami-Dade THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 28th DAY OF September,2018,BY Clau e Ale nder H AS Attornev in Fact OF Ll lnsu nce C an Printed Name/Title (Provide Proper Evidence of Auth6rityi:;"i":i,.,.,..-,..,..^. N TO I\4E, OR HAS PRODUCED n/a AS IDENT IFICATION CAMILLE M.CRUZ commission # GG 112026 Exoiles August 5, 202'l Bond.d flE Budg.t lobry Ssrlc€s atJ\CC ,lc AUC a31194 Y 2C2Aebir,P.XP crded [1s LDs 01664/11s3600/1] Ctuz iffi] (SEAL) OF M a Fr-"t,sA 16.A.10.b Packet Pg. 795 Attachment: Bond Basis - Parcel S (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14) RLI'RLI Surety 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645 -2402 | F ax: (309)689-2036 www.rlicorp.com POWEROFATTORNEY RLI Insurance Company Know All Men by These Presents: That this Power of Attomey is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving ofEcer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Claudette Alexander Hunt. Camille Marie Cruz. Jacqueline Jordan HamDton. iointlv or severally in the City of Miami State of Florida its true and lawful Agent and Attomey 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 Attomey 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 Attomey 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 Attomey 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 corporate seal affixed this 14th day of March , -M-.RLI Insurance Company Vice President with its ooRPohr16.6l a- rsn By: State oflllinois County ofPeoria )SS Barton W. Davis CERTIFICATE Vice President Vice President On this l4th day of March , 2016 , before me, a Notary Public, personally appeared- Barton W. ,Davis. , who- being by me duly^sworn, ictnowteOg6d that heslgned the above Power of Attorney as. the aforesaid officer of tIe RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Jr Notary Public lr- M. Bockler PUALrc r "OFFICIAL SEAI" ' JoceuELrNE M. BoCKLER coMMlssloN ExPIRES 01/14/18 By: 0955690020212 By: Barton W. Davis qs A0058514 I, the officer of RLI Insurance State of Illinois, do Power of is in full force that Resolution Power of ls now ln as that a stock attached irrevocable; and set forth in the I have '-a 16.A.10.b Packet Pg. 796 Attachment: Bond Basis - Parcel S (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14) 10t14t2018 Detail by Entity Name Drv sroN oF CoRPoRATtoNs z'[,lr,org rt ,j r-.ti2r-,t j'-i'iL r-tl') --*'i*. Oepaftled._atsEle / Div,sion ol Corpglalials / Search Records / Dotail By_oOclEgntL&Ilber / Detail by Entity Name Florida Limited Liability Company IVIINTO COMMUNITIES, LLC Filing lnformation Document Number L05000074120 FEI/EIN Number 32-0155666 Date Filed 0712712005 State FL Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 1212712013 Event Effective Date 1213112013 Princip3l_llltuess 44OO W SAMPLE ROAD SUITE 2OO COCONUT CREEK. FL 33073 Changed: 0411512010 Mailing Address 44OO W. SAi,4PLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 Changed: 0411512010 Eegistered Agent Name & Address BELMONT, MICHAEL J 44OO W SAMPLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 Name Changed: 01 127 12011 Address Changed: 041 1 512010 Authorized Person(9) Detail Name & Address Title PRES http://search.sunbiz.org/lnquiry/Corporationsearch/S€archResuttDetail?inquirytype=EntityName&directionType=lnitial&searchNemeOrder=MINTOCO 1t3 16.A.10.b Packet Pg. 797 Attachment: Bond Basis - Parcel S (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14) 10t18t2018 Detail by Entity Name BELMONI MICHAEL J 44OO W. SAMPLE ROAD, SUITE 2OO COCONUT CREEK. FL 33073 Title VP CARTER, JOHN F 44OO W. SAMPLE ROAD, SUITE 2OO COCONUT CREEK, FL 33073 Title DIVISION PRES. BULLOCK, WILLIAM L 44OO W SAMPLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 TitIE SR.VP SVOPA, STEVEN M 44OO W. SAMPLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 Title VP COSTELLO, LILLIAM 44OO W. SAMPLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 Title VP CALE, BRIAN 44OO W. SAMPLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 Annual Rep!i!s Report Year 2017 2018 2018 Filed Date 01t05t2017 03t2712018 05t24t20't8 Document lmaggl O5/24l2018 - AMENDED ANNUAL REPORT O3/27l2018 - ANNUAL REPORT O8/25l2017 - AMENDED ANNUAL REPORT O1/05/2017 . ANNUAL REPORT 03/03/2016 - ANNUAL REPORT O1/0712015 - ANNUAL REPORT View image in PDF format \4ew image in PDF format View image in PDF fomat Vi6w image in PDF format Vi6w image in PDF format View image in PDF format httpJ/search.sunbiz.org/lnquiry/Corporationsearch/SearchResultDetail?inqui'ytype=EntityNam e&directionType=lnitial&searchNameOrder=MINTOCO " 213 16.A.10.b Packet Pg. 798 Attachment: Bond Basis - Parcel S (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14) EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this lf l-A aay ot November,2019 between Minto Communties, LLC hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". WHEREAS, Developer has applied for an excavation permit in accordance with Section 22-106, et a/. of the Collier County Code of Laws and Ordinances, and the Collier County Land Development Code, including but not limited to Section 3.05.10 (collectively, the "Excavation Regulations"); and WHEREAS, the Excavation Regulations require the Developer to post appropriate guarantees and execute an Excavation Performance Security Agreement stating applicant will comply with the Excavation Regulations and Excavation Permit No. PL20190002337 (the "Excavation Permit"). 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: Developer agrees to comply with the Excavation Regulations and the Excavation Permit (the "Excavation Work"). Developer herewith tenders its excavation performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $52.184.00. ln the event of default by Developer or failure of Developer to complete the Excavation Work within the time required by the Excavation Regulations and Excavation Permit, Collier County, may call upon the excavation performance security to insure satisfactory completion of the Excavation Work. The Excavation Work shall not be considered complete until Developer notifies the County that the Excavation Work is complete and the final Excavation Work is reviewed and approved by the County Manager or designee for compliance with the Excavation Regulations. The County Manager or designee shall, within sixty (60) days of receipt of notification by Developer in writing that the Excavation Work is complete, either: a) notify Developer in writing of his approval of the Excavation Work; or b) notify the Developer in writing of his refusal to approve the Excavation Work, therewith specifying those conditions which Developer must fulfill in order to obtain the County Manager's approval of the Excavation Work. 4 5 o.ln the event 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 excavation performance security to secure satisfactory completion, repair and maintenance of the Excavation Work. 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 Excavation Work. The Developer, as principal under the excavation performance 1. 2. J. 16.A.10.c Packet Pg. 799 Attachment: Bond Basis - Phase 14 (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14) 7 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 Developer to fulfill all of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are and shall be binding upon Developer and the respective successors and assigns of Developer. ESENCE OF: (Name of Entity) \rt,By IERRIE L. GREY MY COMMISSIoN # FF S490fl ExPtREsi& r7,2oMichael J Belmont eod.. luu 8ude6r NorarypESident lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this /f lL day of Nuaftia ts FA,20i!+. SIGNE Sig r( Printed ame -&rn<-L&<v Print"o rl"n "f<rl eL&.V ^rrEsr'r/^ "ru7"1,,r4 Crystal K. Kinzel, CLERK By: Clerk ofthe Circuit Court & Comptroller Collier County. Florida App as to form and legality: Sally Ashkar BOARD OF COUNTY COMMISSIONERS CO RIDA LUq4 as designee ofthe County Manager punuant to Resolution No. 2015-162 OF By 7 Assistant County Attorney t, sisnr{z COUNTY, 16.A.10.c Packet Pg. 800 Attachment: Bond Basis - Phase 14 (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14) Irlo 4 BOND NO 80183490 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 Southfleld, Ml 48076 (248]-281-0281 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referredtoas,,County,,)inthetotalaggregatesumofDollars ($52,184.00) in lalvful 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, .lointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the conte)d requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain excavation permit no. PL20190002337 lsles of Collier Preserve Phase 14 and that certain excavation permit 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 completion of the work and approval by the County of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") or until replaced by a new bond in the event of a change of Ownership. 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, exitension of time, alteration, addition or deletion to the proposed speciflc 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 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 November. 2019. PERFORI\4ANCE BOND FOR EXCAVATION WORK [15-tDS-01664/11s3600/1] 16.A.10.c Packet Pg. 801 Attachment: Bond Basis - Phase 14 (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14) WITN ESSES Pri Name c Printed Nam DA.UN SIdDMORU THE F REGOI OF 20 tg ,BY NAM E OF ACKNOWLEDGER) AS (TITLE) Minto Communities, LLC Lilliam Costello V. P. of Finance Printed Name/Title (Provide Proper Evidence of Authority) OF (NAME OF COMPANY) Minto NALLY KNOWN T/E, OR HAS PRODUCED The Guarantee Company of North America USA By "]^ G PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS , T' -DAY Communit AS IDENTIFICA ON Notary Public - State of (SEAL) *,,- R";ni.- Pnnted Nffit NESSES Printed Name, Anne Potter -faa,u/t.,-/cz"U" .,J Printed Name, Mary Lynn Padilla es, LLC Sv .{ fiPA^;,)::t,,, I + r-{ ,q, tj IFrances Rodriou , Attornev-in-Fact Printed Name/Title (Provide Proper Evidence of Authority) Op trr_r ?1t ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF NEW YORK THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 7th DAY OF November. 2 019, BY Frances Rodriquez AS Attornev-in-Fact OF The Guarantee Companv ol North America USA WHO lS PERSONALLY KNOWN TO ME IDENTIFICATION. Notary Public - State of New York Printed Name, Mary L. Padilla [1s-LDS-o1564/11s3500/1] ,'-$ii:?' ir?,.1.'.rauru .i.* S "".4;r*,:,S MYCOMMISSION#GG 115943 EXPIRES: October 17, 2021 KIM RAINIER Eonded Thru Notary Public Urder*dtors MABY L PADILLA Notary Public, State of NewYork No. 01 PA6370160 Qualif ied in NewYork County commGiion Lxpires January 29,i\ED , OR HAS PRODUCED n/a AS LLIX A' ACKNOWLEDGEMENT SrnreOr + to.,J\ coururyor 8rr,,rhrd 16.A.10.c Packet Pg. 802 Attachment: Bond Basis - Phase 14 (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14) IHt man, Secretary ot THE GUARANTEE COMPANY OF NORTH E GUARANTEE COMP The Guarantee Company of North America USA Southfield, Michigan C./ ^-a-; A. fa-,a-.-/ A,{ERICA USA, do hereby certify that the above and foregoing as a true ANY OF NORTH ArrlERlCA USA, which is still in full force and effecl. attached the seat of said company this 7th day of November,2019 GUARANTEE' POWER OF ATTORNEY K OW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporalion organized and existing under the laws of the State of l\4ichigan, having its principal office in Southfield, l\rtichigan, does hereby constitute and appoint Cynthia Farrell, Sandra Diaz, Debra A. Deming, Anne Potter, Nancy Schnee, Tina McEwan, Peter Healy, Franc€sca KazJrtierczak, Jennifer Jakaitis, Aklima Noorhassan, Susan A. Welsh, Frances Rodriguez Aon Risk Services Northeast, lnc its true and lawful attomey(s)-in-fact to execute, sealand deliver for and on its behalfas surety, any and all bonds and undertakings, conkacts of indemnity and other \4ritings obligatory in the nature thereot wfiich are or may be allowed, required or pemitted by law, statute, rule, regulation, contract or otheMise- The execution of such instrument(s) in pursuance ofthese presents. shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as ifthe same had been duty executed and acknowiedged by its regulady elected officers at the principal offce- The Power of Atlorney is executed and may be certified so, and may be rcvoked, pursuant to and by aulhority of Article lX, Section 9.03 of lhe By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA al a meeting held on the 31't day of December, 2003. The President, or any Vice Presidenl, acting with any Secretary oa Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them lo execute on behalf of lhe Company, and a(ach the Seal of the Company therelo, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereot; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. ln connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby gjven to the Attomey,in,Fact includes any and all consents forthe release ofretained percentages and/or 1lnal estimates on engineering and construction contracts required by the State of Florida Department ofTransportation. lt is fully understood that consenting to the State ofFlorida Depa(ment ofTransportation making payment ofthe flnalestimate to the Contractor and/or its assignee, shall not relieve this surety company ofany of its obligations under its bond. 4. ln connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the po\4er and authority hereby given to the Attomey-in-Facl cannot be modified or revoked unless prior lwitten personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prjor lo the modification or revocation. Further, this Povier of Attorney is signed and sealed by tacsimile pursuant to resolution of lhe Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 20'11, ofwhich the following is a true excerpt: RESOLVED that the signalure of any authorized officer and the sealofthe Company may be amxed by facsimile to any Po$€r of Attomey 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 afiixed. lN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affxed by its authorized officer, this 1st day of March, 2018. THE GUARANTEE COMPANY OF NORTH AMERICA USA @,r%-il- Stephen C. Ruschak, Chief Executive Officer Randall Musselman, Secretary On this 'lst day of lvlarch, 2018 before me came the individuals lvho executed the preceding instrument, to me personally know), and being by me duly swgm, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal alfixed to said instrument is the Corporate Seal ofsaid Company;that the Corporate Seal and each signature,./ere duly affxed by order of lhe Board of Directors of said Company. Cynthia A. Takai Notary Public, State ot Michigah Couhty of Oakland My Commlsslon Expires Februory 27, 2024 Actlng in ooklond county lN WTNESS WHEREOF, I have hereunto set my hand at The cuarantee Company of North tunerica USA offic€s the day and year above witten. STATE OF MICHIGAN County of Oakland l, Randall Mussel and correcl copy reunto sel my hand and Randall Muss6lman, Secretary ,y'drt,o ?-,- --' tu 16.A.10.c Packet Pg. 803 Attachment: Bond Basis - Phase 14 (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14) 11t20t2019 Detail by Entity Name DtvrstoN oF CoRPoRATtoNs i#*,----1r..*- Dutit,u; r.[(j r-., ll r-t j,L',; J' lo t I ) Depj-dDCIl9lslalg / Drvision of Corpglalels / Search Records / Oetarl By:opCu!0glLNll0ber / Detail by Entity Name Florida Limited Liability Company MINTO COMMUNITIES, LLC Filing lnformation Document Number L05000074120 FEUEIN Number 32-0'155666 Date Filed 0712712005 State FL Status ACTIVE Last Event CORPORATE MERGER Event Date Filed '1212712013 Event Effective Date 1213112013 Principal-]k&[ess 44OO W. SAMPLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 Changed: 0411512010 Mailing Address 44OO W, SAMPLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 Changed: 0411512010 Eegistered Agent Name & Address BELMONT, MICHAEL J 44OO W. SAI\,4PLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 Name Changed: 0112712011 Address Changed: O4l 1 51201 0 Authorized Person(q)_Ddai! Namo & Address Title PRES search sunbiz'org/lnquiry/corporalionsearch/searchResultDetail?inquiry.type=EntityName&dtectionType=lnitial&searchNameorder=l\flNTocol\4MU 16.A.10.c Packet Pg. 804 Attachment: Bond Basis - Phase 14 (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14) 11t2012019 r- Detail by Entity Name BELMONT, MICHAEL J 44OO W. SA[,4PLE ROAD, SUITE 2OO COCONUT CREEK, FL 33073 Title VP CARTER, JOHN F 44OO W SAMPLE ROAD, SUITE 2OO COCONUT CREEK, FL 33073 Title DIVISION PRES. BULLOCK, WILLIAT,4 L 44OO W SAMPLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 TitIE SR,VP SVOPA, STEVEN M 44OO W. SAMPLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 Title VP COSTELLO, LILLIAIVI 44OO W. SAMPLE ROAD SUITE 2OO COCONUT CREEK. FL 33073 Title VP CALE, BRIAN 44OO W, SAMPLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 Annual Repglls Report Year 2018 2018 2019 Filed Date 03t27t2018 05t24t2018 03t20t2019 Viow image in POF format I Vi€w image in PDF format View image in PDF format Vi6w image in PDF format View image in POF format ] o3lo3/20t6 - a NUAL REPORT View image in POF format Document lmaggs 03/20/2019 - ANNUAL REPORT O5/24l2018 - AMENDED ANNUAL REPORT 03/2712018 - ANNUAL REPORT O8/25l2017 - AMENDED ANNUAL REPORT O1105/2017 - ANNUAL REPORT search.sunbiz.org/lnquiry/CorporationSearch/SearchResultOetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=MINTOCOMI\4U 2t3 16.A.10.c Packet Pg. 805 Attachment: Bond Basis - Phase 14 (15973 : Excavation Bond Release for Isles of Collier Preserve Parcel S and Phase 14)