Backup Documents 09/14/2021 Item #16A29 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 2 9
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. '1'he completed routing slip and original documents arc 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 he received in the County Attorney Office no later
than 1Ionday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1
2.
3. County Attorney Office County Attorney Office e 1611
1 Zl
4. BCC Office Board of County
Commissioners 10%olia toy `
5. Minutes and Records Clerk of Court's Office
Lo-tZ-2L 3
WL
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 Lucia S. Martin Phone Number x-2279
Contact/ Department
Agenda Date Item was 9/14/2021 Agenda Item Number 16.A.29
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? LM
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. LM
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 LM
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 LM
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 9/14/2021 and all changes made during D */A is not
the meeting have been incorporated in the attached document. The County 'h�` option for
Attorney's Office has reviewed the changes,if applicable. y ii is line.
9. Initials of attorney verifying that the attached document is the version approved by the /A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the 'V4S e option for
Chairman's signature. Reis line.
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
16A29
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBqMS)p PROVEMENTS
entered into this 1st day of October 20 21 between Minto Communities,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 o`CcllierPreserve hase 15
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 subd.vison improvements-see attacned On 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$2,413787.2o 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.
Page of 3
1 6 A 29
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 _' day of '_3 20 21
SIGNED IN THE PRESENCE OF: (Name of Entity) ^�-
Witness: � - -
By:
Printed Name:
- - ' ' I _. i i (
Witness: John Carter, Vice President
Evidence of signing authority attached
Printed Name: hereto as Exhibit
(Adi1tt! ortxl S?. :; stu.:ras
Page 2 of
16A29
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
pubic 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 day of_^ ctobe' 20 21
SIGNED IN THE PRESENCE OF: YName of Entity) Minto Communities LLC
Witness: By:
Printed Name:
Witness: John Carter, Vice President
Evidence of signing authority attached
Printed Name: hereto as Exhibit"
ATTEST:
CRYSTAL K. KINZEL, CLERK BOFA D 9E COUNTY COMMISSIONERS
OF
LIER COUNTY, F RI
0.4440!
By: ? ,� �Qpt�► �� , it��_.1 By:
D
p ; 1 to 1 Penny Taylor, Chairman
Approved,as;torf.R legality:
Derek D. Perry
Assistant County Attorney
Page of 3
� Y�
l6A29
EXHIBIT "A"
16A29ft
PERFORMANCE BOND
BOND NO. CMS0338968
KNOW ALL PERSONS BY THESE PRESENTS:that
MINTO COMMUNITIES, LLC (Name of Owner)
4042 Park Oaks Blvd., Suite 450 (Address of Owner)
Tampa, FL 33610 (Address of Owner)
(Hereinafter referred to a "Owner") and
RLI INSURANCE COMPANY (Name of Surety)
9025 North Lindbergh Drive (Address of Surety)
Peoria IL 61615 (Address of Surety)
(215) 255-1866 (Telephone Number)
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County Florida (hereinafter
referred to as "County") in the total a re ate sum of Two Million Four Hundred Thirfeen Thousand
gg g Seven Hundred Eighty Seven and 20/100 Dollars
($2,413,787.20 ) 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 15 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
I 6 A
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
day of September / 2021 /
L& /juJ
S: r Owner Name and Titleorpo ion)
MINT UNITI
ulie �niCltaS By: } �
Prtfend Name I^/ Printed Name/Title
L e p r �t�1{J�zt
Nit (Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF ELoR A
COUNTY OF 11,&oyfJ A
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS
OF C' -PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS DAY OF O 1 / ( .5' /
20 LI , by ` ; ; A ,� sfe_I O (NAME OF ACKNOWLEDGER) AS ; c t r tn�
(TITLE) OF ,„,,, ieS,Li, (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO
ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public—State of j o/Q,( /OA
(SEAL)
tinted Name
aFauc
WITNESSES: (Surety-Name and Title if Corporation) —1
_M—
RLI INSURANCE COMPANY
BY: •
Printed Name Printed Name/Title
Henry Rivas Elizabeth Marrero,Attorney-in-Fact _
(Provide Proper Evidence of Authority)
Printed Name
Claudette Alexander Hunt
I6A29
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS
OF ® PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS DAY OF 09 / 14 / 2021
20 21 , by Elizabeth Marrero (NAME OF ACKNOWLEDGER) AS Attorney-in-Fact
(TITLE) OF RLI Insurance Company (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO
ME, OPMASWQMPCMxxxxxxxxxxxxxxxxxxxxxxxxxxxXMMIMMIN.
Notary Public—State of Florida
(SEAL)
Virginia Reinoso - SEE ATTACHED
Printed Name
1 6 A 2 9
SURETY ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of Florida
County of Miami-Dade
On before me, Virginia Reinoso, Notary Public, personally appeared
Elizabeth Marrero who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/arc subscribed to the within instrument and acknowledged to me that she
executed the same in her authorized capacity(ies), and that by her signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of Florida that the foregoing paragraph is true and correct,
WITNESS my hand and official seal.
Signature _
Signature of Notary Public
':'." `0- bi,e State. rioi;d.:
ReinoS..M
cC�rp,10i 1,/2021
v`>.-.`..'`ram`s.".,"✓"ewvAs.v.
POWER OF ATTORNEY i Q 2 g
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N.Lindbergh Dr. Peoria,IL 61615
Phone: 800-645-2402
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 and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and
together,the"Company')do hereby make,constitute and appoint:
Claudette Alexander Hunt,Elizabeth Marrero,jointly or severally
in the City of Miami , State of Florida its true and lawful Agent(s) and Attorney(s) in Fact,with
full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all
bonds and undertakings in an amount not to exceed Twenty Five Million Dollars
( $25,000,000.00 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been
executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the
Following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation,and is 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, arty 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 and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this 30th day of
March , 2020 .
RLI Insurance Company
o,0 a+n,ys`9,, s"c„P...CE oO Contractors Bonding and Insurance Company
'.: CoOp70Rgl .•c, = •oaPORAr 9y; j1J /,/
• ` • a' C - - F •'� • ice/
SE iiI, 5EAI, . E By. ��//
z ; Barton W.Davis Vice President
State of Illinois ,/<L i N 0\5
SS
County of Peoria CERTIFICATE
On this 30th day of March 2020 before me.a Notary Public, 1, the undersigned officer of RLI Insurance Company and/or
personally appeared Barton W. Davis , who being by me duly sworn. Contractors Bonding and Insurance Company, do hereby certify
acknowledged that he signed the above Power of Attorney as the aforesaid that the attached Power of Attorney is in full force and effect and is
officer of the RLI Insurance Company and/or Contractors Bonding and irrevocable; and furthermore, that the Resolution of the Company as
Insurance Company and acknowledged said instrument to be the voluntary set forth in the Power of Attorney, is now in force. In testimony
act and deed of said corporation. whereof, 1 have hereunto set my hand and the seal of the RL1
Insurance Company and/or Contractors Bonding and Insurance
-;� , �, Company this 14th day of September, 2021 .
By: 2. Q• - RLI Insurance Company
Jacque e M. Bockler Notary Public Contractors Bonding and lnsc once Company
OFFICIAL SEAL nl ,l , t
JACQUELINE M BOCKLER By: I�J
NOTARY PUBLIC,STATE OF ILLINOIS Jeffrey iclN u " � Corporate Secretary
MY COMMISSION EXPIRES JAN 14 2022
A0058 D 19
16A29
EXHIBIT " B"
6A29
JOINT UNANIMOUS WRITTEN CONSENT OF THE MEMBERS OF
MINTO (DELAWARE), LLC,
MINTO FLORIDA HOLDINGS, LLC, -
MINTO FLORIDA DEVELOPMENTS,LLC,
MINTO COMMUNITIES, LLC,
MINTO ARTESIA,LLC,
MINTO LAS OLAS,LLC,
MLNTO HENRY SQUARE HOLDINGS,LLC,
MINTO VILLAS-BY-THE-SEA, LLC,
MLNTO BRADENTON,LLC,
MINTO MARINA, LLC,
MINTO MANAGEMENT SERVICES,LLC,
MINTO TITLE,LLC,
HOMEBUYERS' FINANCIAL, LLC,
MINTO TOWNPARK, LLC,
MINTO KENNEDY GROVES, LLC
MINTO H ENRY SQUARE, LLC
MINTO MONTERRA, LLC AND
MINTO FXL,LLC
The undersigned, constituting all the members (the "Members") of (i) MINTO
(DELAWARE), LLC, a Delaware limited liability company("MDLLC"), (ii) MINTO FLORIDA
HOLDINGS, LLC, a Florida limited liability company ("MFH"), (iii) MINTO FLORIDA
DEVELOPMENTS, LLC, a Florida limited liability company ("MFD"), (iv) MINTO
COMMUNITIES, LLC, a Florida limited liability company("MCLLC"), (v) MINTO ARTESIA,
LLC, a Florida limited liability company ("Artesia"), (vi) MINTO LAS OLAS, LLC, a Florida
limited liability company ("Las Olas"), (vii) MINTO HENRY SQUARE HOLDINGS, LLC, a
Florida limited liability company("MHSH"),(viii)MINTO VILLAS-BY-THE-SEA,LLC,a Florida
limited liability company ("VBS"), (ix) MINTO BRADENTON, LLC, a Florida limited liability
company("Bradenton"),(x)MINTO MARINA,LLC,a Florida limited liability company("Marina"),
(xi)MINTO MANAGEMENT SERVICES,LLC,a Florida limited liability company("MMS"),(xii)
MINTO TITLE, LLC, a Florida limited liability company ("Title"), (xiii) HOMEBUYERS'
FINANCIAL, LLC, a Florida limited liability company ("HomeBuyers"), (xiv) MINTO
TOWNPARK, LLC, a Florida limited liability company("TownPark"), (xv) MINTO KENNEDY
GROVES, LLC, a Florida limited liability company("Kennedy Groves"), (xvi) MINTO HENRY
SQUARE,LLC,a Florida limited liability company("Henry Square"),(xvii)MINTO MONTERRA,
LLC, a Florida limited liability company ("Monterra"), and (xviii) MINTO FXL, LLC, a Florida
limited liability company("FXL"and,collectively with MDLLC,MFH,MFD,MCLLC,Artesia,Las
Olas, MHSH, VBS, Bradenton, Marina, MMS, Title, HomeBuyers, TownPark, Kennedy Groves,
Henry Square and Monterra, the "Companies" and each, a "Company"), do hereby consent to the
following resolutions as ofJanuary �j 2011,and direct that this action be filed with the records of
each respective Company.
{M3015416;1}
I 6 A 2 9
WHEREAS, Minto Holdings Inc., an Ontario corporation ("MHI"), and FXL are the sole
members of MDLLC;
WHEREAS,MCLLC Partnerco Inc.,an Ontario corporation,and Minto Holdings(Florida)
Co., a Nova Scotia unlimited liability company, are the sole members of MFH and MFD;
WHEREAS,MFH is the sole member of MCLLC;
WHEREAS, MFD is the sole member of Artesia, Las Olas, MHSH, VBS, Bradenton,
Marina and Monterra;
WHEREAS, MCLLC is the sole member of MMS, Title, HomeBuyers, TownPark and
Kennedy Groves;
WHEREAS, MHSH is the sole member of Henry Square; and
WHEREAS,MHI and Minto FXL Co., a Nova Scotia unlimited liability company, are the
sole members of FXL.
NOW, THEREFORE, BE IT RESOLVED that James B. Traxinger is hereby removed
from every manager position he may hold with any of the Companies;
RESOLVED, that Monica Gonzalez is hereby removed from every manager position she
may hold with any of the Companies;
RESOLVED,that Michael J.Belmont("Belmont")be and hereby is appointed as a manager
of each of the Companies, to serve in such capacities until his successor has been duly elected and
qualified or until her earlier resignation, removal or death;
RESOLVED,that John F.Carter("Carter")be and hereby is appointed as a manager of each
of the Companies,to serve in such capacities until his successor has been duly elected and qualified
or until her earlier resignation,removal or death;
RESOLVED, that any and all actions taken to date by Belmont and/or Carter on behalf of
the Companies as a manager of the Companies are hereby ratified and approved as fully as if such
actions were authorized,approved and consented to prior to their commission even if Belmont and/or
Carter was not a manager at the time such act was committed; and
RESOLVED, that this Written Consent may be executed in counterparts, each of which
when so executed shall be deemed an original,but all of which such counterparts shall together
constitute but one and the same instrument.
[Signatures on following pages.]
{M3015416;1}
! 6A2
IN WITNESS WHEREOF, the undersigned, being all the Members of all of the
Companies,have executed this Joint Unanimous Written Consent effective as of the date first above
written.
MEMBERS of MINTO (DELAWARE),LLC:
MINTO HOL0N S INC.
By: F c
Name: -Roc!e.cc rc=P i n
Title: (''nG i'{
By:
ame: ci I V)cki e:c S
Title: V s Le - Pc P 5 e 1m t
MINTO FXL
By:
Name: ocr rr
\i t-X� ,a .. `1
Title: C
By:
e: Mi C lam- Ni\Ccv,�� ;
Title: \Ilice - Pre Sidc.cyi-
MEMBERS of MINTO FLORIDA HOLDINGS~
LLC & MINTO FLORIDA DEVELOPMENTS,
LLC:
MCLLC PAR ' RCO INC.
By:
Name: he C a
Title: C t= ck
By:
T e: \1 ��cii tr.s
Title: C h.k !i fl on c i cis\ 0-V
{M3015416;1}
1 6 A 2 i
MINTO HO! GS (FLORIDA) CO.
By: � - _.
Name: �,o ec G rP --- e
Title: CL n� P escdl c1
By:
ame: \'t-k ck \t\ cti-e;-&
Title: C\ e-� P4,nccnciak CV 1c.eC
MEMBER of MINTO COMMUNrITIES, LLC:
MINTO F 410A HOLDINGS, LLC
By: J —
Name: ,OcteC C�t��ecr,
Title: C . i •rr-h a •
/� �,I
By: 1
lame: q
1 \,i..r. a \Nici.1 ecs
Title: V; c.e. Pce is 6 e c1=t-
MEMBER of MINTO ARTESIA, LLC, MINTO
LAS OLAS, LLC, MINTO HENRY SQUARE
HOLDINGS, LLC, MLNTTO VILLAS-BY-THE-
SEA, LLC, MINTO BRADENTON, LLC,
MINTO MARINA, LLC and MINTO
MONTERRA,LLC:
MINTO FLOI- A DEVELOPMENTS, LLC
By: ';)--
Name: r:, c= eP,E,
Title: C,h ,, rn rs
By: 1�
_ ame: 1-1 c h o� f \e'J cA- e
Title: Ni ce. Pc-e sZ a er*
{M3015416;1}
i6 ? 9
MEMBER of MINTO MANAGEMENT
SERVICES, LLC, MINTO TITLE, LLC,
HOMEBUYERS' FINANCIAL, LLC, MINTO
TOWNPARK, LLC and MINTO KENNEDY
GROVES, LLC:
MINTO CO ITIES, LLC
By: Fri
Name: >c�5 2; .a,
Title: CV--a , �n
By: _
ame: �1rr\— �ta 3
Title: \%'icy `r-
MEMBER of MINTO HENRY SQUARE, LLC:
MINTO HE SQUARE HOLDINGS, LLC
By: „1
Name:
Title: C (-r-) 1"
By:
Title: �,f c c.e ��e% cc-e 1�-
•
[Signatures continue on following page]
{M3015416;1}
16A29
MEMBERS of MINTO FXL. LLC:
MINTO HOLD S INC.
By:
Name: Cyr fc-rl f-C
Title: C
. ) 1
By:
Title: C'hle Cxi\ Let
MINTO FXL C
By:
Name: igccier
Title: C,EU
By:
Title: Lh e of
{M3015416;1}
1bA29
EXHIBIT "C"
Engineer's Opinion of Probable Cost
I,
_ I6A29
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 2 9
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be lorwarded to the('ounir :%ltorne)()flirt
al the time the item is placed on the agenda. All completed routing slips and original documents must be received in the('niml) .11torne: ()Bice no later
than 1londay 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#I through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
.
2.
3. County Attorney Office County Attorney Office �� D
61712-1
4. BCC Office Board of County
Commissioners l I J ic -i -?'t
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 Lucia S. Martin Phone Number x-2279
Contact/ Department
Agenda Date Item was 9/14/2021 Agenda Item Number ]6.A.29
Approved by the BCC
Type of Document Plat,Joinder and Consent, Supplement Number of Original 3
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)
Does the document require the chairman's original signature? LM
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. LM
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 LM
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 LM
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 9/14/2021 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.
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
I6A29
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 15,
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 ' -I TN ES S W-IEREOF the said Mortgage holder has duly executed this instrument
this 1- -" day of (J( s -r... , 2021.
c,
CDC Land Investments, Inc.,
Print Name: a Florida corporation
•
By: �._ i /.•�;
Print Name: Rczr��po., >� ug; PATRICK L. UTTER, Vice president
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this ` — day of OC PieL.
2021, by means of[ x ] physical presence or [ ] online notarization by PATRICK L. UTTER, as
Vice President of CDC Land Investments, Inc., a Florida corporation, who is personally know to
me.
tiraY pie Valerie L Pike
(STAMP) ° ' Commission#HH 32134 -
` Commission Expires 08.17 2024
4
�P Bonded Through-Cynanotary n�
Florida-Notary Public IVe-�V
Notary PublicHState of Florida
Print Name: V461-( P:U- L, Ql1U�
My Commission Expires: AEG• 1-1)D01\-Q
47244075.2
16A ? 9
Return to:(enclose self-addressed stamped envelope)
Angela Tompkins, Paralegal
Greenspoon Marder LLP
5133 Castello Drive,Suite 2
Naples. FL 34103
This Instrument Prepared by:
Mark F. Grant. Esq.
Greenspoon Martier LLP
5133 Castello Drive. Suite 2
Naples, FL 34103
(239)659-1103
SPACE:ABOVE TIItS LINE FOR PROCESSING DATA SPACE:'BOVE THIS 1.1\F: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 J L'1'hday of ep "lvew , 2021, 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
WHEREAS, Declarant now desires to add the Additional Property to Isles of Collier Preserve
as herein specifically provided; and
1
47243344.2
16429
WHEREAS, the Master Association is joining in this Supplemental Declaration to
acknowledge its maintenance responsibilities described herein.
NOW, THEREFORE, Declarant hereby makes this Supplemental Declaration (which is
intended to be and is a"Supplemental Declaration"as defined in the Master Declaration)and hereby
declares that the Additional Property shall be deemed a portion of the"Property"under the Master
Declaration and that the Additional Property shall be owned,held,used,transferred,sold,conveyed,
demised and occupied subject to the covenants,restrictions,reservations,regulations,burdens and
liens set forth in the Master Declaration as modified by this Supplemental Declaration, as follows:
1. The recitations herein set forth are true and correct and are incorporated herein by
reference.
2. The definitions provided in the Master Declaration are incorporated herein by
reference.
3. The Additional Property described on Exhibit"A"to this Supplemental Declaration is
hereby designated a part of Isles of Collier Preserve and shall be sold,transferred, used, conveyed,
occupied and mortgaged or otherwise encumbered pursuant to the provisions of this Supplemental
Declaration and the Master Declaration.
4. Declarant hereby declares that all of the Additional Property designated on Exhibit
"A" to this Supplemental Declaration is part of the "Property" and is therefore subject to the
applicable land use covenants and the benefits and burdens established under the Master Declaration
as fully as though it were originally designated as such in the Master Declaration.
5. Designation and Maintenance of Common Property. Tracts"R","L-1","L-2,"0-1",
"0-2", "0-3", "0-4" and "P", and all Drainage Easements (D.E.), Lake Maintenance Easements
(L.M.E.), Access Easements (A.E.), Landscape Buffer Easements (L.B.E.), all Lake Access
Easements(L.A.E.),and all Utility Easements(U.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
47243344.2
l6A 9
IN WITNESS WHEREOF,Declarant has executed this Supplemental Declaration on the day,
month and year first above written.
WITNESSES: INT BAL BAY, LLC,
rida li i liability company
By:
nted ame: I Z 4/e/..S JOHN CAR ER, Vice Presi en
Printed Name:_shloCg2(7/�[
STATE OF FLORIDA
COUNTY OF ex\m 5.garArN
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 means of[ x ] physical presence or [ ] online notarization by JOHN
CARTER, 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 13" day of
Sec4ennbe,r , 2021.
My Commission Expires: t
Notary Public
1- cAn nah M`C a<
anGa Typed, printed or stamped name of Notary Public
M, G 2,610
My Comm May 1.2023
Bondec through National Notary Assn.
3
47243344.2
JOINED IN BY:
ISLES OF COLLIER PRESERVE PROPERTY
OWNERS ASSOCIATION, INC.,
a Florida not-for-profit corporation
•
r,l l By:
4- .
SigLckvii
tur / MICHAEL ELGIN, President
ui
Priy[tey Naff
Signature (CORPORATE SEAL)
Printed Name
STATE OF FLORIDA )
COUNTY OF LE )
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 means of [ x ] physical presence or [ ] online notarization 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 day of
*L4i..6.€4,-, 2021.
My Commission Expires: rii/Uideird2-,2
,Public
: ;irr►i JUUE A.DANIELEWSKI J L A. l E N I EL ELL)S/�/
:.: :+ MY COMMISSION is GO 984387 Typed, printed or stamped name of Notary Public
s'.-���p�: EXPIRES:April 6,2024
�1(OFF�1I.• Bonded Piro Notary Public Underwriters
•
47243344.2
6 A 2 9
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 15 (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
acorporation
Print Name: V4.tesce/I //61@y4
P�
( /1-6( x, 0-e; 2-il,e By:
Print Name: Gc2...oe 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 means of[x]physical presence or[ ] online notarization 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 IA# day of
, 2021. _
Notary Public, State of Florida at Large
My commission expires: Aya•h,o'
Typed, Printed or Stamped Name of Notary Public
4 ,gyp"P*, Valerie L Pike
i r Commission#HH 32134
,�' c Commission Expires 08.17-2024 f,
Bonded through-Cynanotary
'� 'O' °� Florida-Notary Public
6
47243344.2
! 6A29
EXHIBIT "A"
Legal Description of Property
ALL PROPERTY SHOWN ON THAT CERTAIN PLAT OF ISLES OF COLLIER PRESERVE
PHASE 15, RECORDED IN PLAT BOOK , PAGES THROUGH
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT ANY
PROPERTY DEDICATED TO THE PUBLIC.
5
47243344.2