Backup Documents 12/14/2021 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO L
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU
Print on pink paper. Attach to original document. flit completed routing slip and original documents are to he forwarded to the(aunty Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents roust be received in the('aunty Attorney Office no litter
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#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
O 0 r ce(251 It_
4. BCC Office Board of County
Commissioners LLM P7315( �,/z /z z_
5. Minutes and Records Clerk of Court's Office C
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 Martin—Development Review Phone Number X 2279
Contact/ Department
Agenda Date Item was 12/14/21 Agenda Item Number 16.A.1 1
Approved by the BCC
Type of Document Plat Number of Original 1
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 12/14/2021 and all changes made
during the meeting have been incorporated in the attached document. The County 00( s ';
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.
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 1 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURIE,
I'rinl on pink paper. Attach to original document. The completed routing slip and original documents are In be foils anted to the( A norm.) Oilier
al the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Allorney (Alice no hoer
than :Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#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 1'
4. BCC Office Board of County
Commissioners 101 j PO L5( ‘/Z31Z2
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 Martin—Development Review Phone Number x-2279
Contact/ Department
Agenda Date Item was 12/14/21 Agenda Item Number 16.A.1 1
Approved by the BCC
Type of Document Bond, Maintenance Agreement Number of Original I D
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 12/14/2021 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. \✓ am at.
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 f\ 0
Chairman's signature. �J
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
16 Al 1
MEMORANDUM
Date: June 23, 2022
To: Lucia Martin, Project Manager
Growth Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Plat: Isles of Collier Preserve Phase 17
Construction and Maintenance Agreement and
Performance Bond No. 800134703
Attached for your records are copies of the agreement and bond referenced above,
(Item #16A11) approved by the Board of County Commissioners on December 14, 2021
The originals will be held in the Minutes and Records Department for the Board's
Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
16A1 1
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR suBglytmkiRaIITTOVEMENTS
entered into this 6T11 day of 114 R -., 20 Z between Mint°Communities,LLC hereinafter
referred to as 'Developer", and Board ofCounty Commissioners of Collier County, Florida, hereinafter
referred to as the "Board".
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board
of certain plat of a subdivision to be known as: Isles of Collier Preserve Phase 17
B. Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision
regulations, said guarantees to be incorporated in a bonded agreement for the construction of the
required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set
forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: the required subdivision improvements-see attached OPC from Barraco and Associates,Inc
within 24 months from the date of approval said subdivision plat, said improvements hereinafter
referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by
reference made a part hereof) in the amount of$4_779,104.30 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.
16A1I
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 Ct T'1 day of ti , 20 Z Z .
SIGNED IN THE PRESENCE OF: me of E ) Minto Communities, LLC
nl-D SIba.l Ba , u-C_
Witneesss: i By:
-A.(,(iUd
Printed Name: j
1-1(A1)V\Oh M Ca( �J
Witness. John Carter, Vice President
(Provide Proper Evidence of
Authority)
Printed e:
/•sfi✓l
ATTEST:
CRYSTAL K. KINZEL,.CLERK BOARD OF COUNTY COMMISSIONERS
cell- COUNT LO' �
lr.Ir.
By: &t,.t a . By: „AirDepAl 'e?9 )0C i�rna W1.1/ .art L. McD*ntel, r. .
Approve .,t� 1 d legs ity: Ch rman
o
Derek D. Perry
Assistant County Attorney
16Al1
EXHIBIT
Subdivision Performance Security
16A1I
PERFORMANCE BOND
BOND NO. 800134703
KNOW ALL PERSONS BY THESE PRESENTS:that
Minto Sabal Bay, LLC (Name of Owner)
440 W. Sample Road, Suite 200 (Address of Owner)
Coconut Creek, FL 33703 (Address of Owner)
(Hereinafter referred to a "Owner)") and
Atlantic Specialty Insurance Company (Name of Surety)
605 Highway 169 North, Suite 800 (Address of Surety)
Plymouth, MN 55441 (Address of Surety)
952-852-2431 (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 ` "' S°° 5i°' °°°°°°°°^°°°rd^y^r= a ^^ ^ Dollars
($4,779,184.30 ) 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 17 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
16A11
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
6th day of Mai) +luxe"/ 2022 / .
WITNESSES: Minto Sabal Bay, LLC
.J . By:
Printed Name " Printed N me/Title Lilliam Costello
(u. t.C,,�_l \i i U 1 1 11 V. P. of Finance
1, ,��
Printed` (Provide Proper Evidence of Authority)
Name
CANDY L U.k
ACKNOWLEDGEMENT
STATE OF /JdJ
COUNTY OF A h,kitq
THE6REGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS
OF PHYSICAL PRESENCE OR ON INE/ OTARIZATION THIS DAY OF.�/1t / ., / Q , ...f.
202 , by44044( �SCiI Q (NAME OF ACKNOWLEDGER) AS
(TITLE) OF l; . _ 1 �, La (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO
ME,OR HAS PRODUCED AS IDENTIFICATION.
Notary Public—State of EZOK d/1
(SEAL
ctct/L
Printed Name -: : a� ,v-
WITNESSES:JssicaPineda Atlantic Specialty Insurance Company
3r-rrry TeJe a By:_ —�
//GL / ,1q6 -' G
Printed Name/ 0 Pedro Gonzalez Jr.,Attorney-in-Fact
(Provide Proper Evidence of Authority)
Printed Name
16A11
ACKNOWLEDGEMENT
STATE OF Florida
COUNTY OF Miami-Dade
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS
OF El PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS DAY OF 6th / May /
20 22 , by Pedro Gonzalez Jr. (NAME OF ACKNOWLEDGER) AS Attorney-in-Fact
(TITLE) OF Atlantic Specialty Insurance Company(NAME OF COMPANY) WHO IS PERSONALLY KNOW TO
ME, OR 614SXIXREPEMEEEXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXMIMMUSAUM
Notary Public—State of Florida
(SEAL)
SEE ATTACHED
Printed Name
16Al1
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 M k`J (/ 20;2 before me, Virginia Reinoso, Notary Public, personally
appeared Pedro Gonzalez who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity(ies), and that by his 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
Notary Public State of Florida
Virginia Reinoso
IIII MyliM 99632�on
Exp.11H6/2025
16A1 1
[intact]
INSURANCE
KNOW ALL MEN BY THESE PRESENTS,that ATLANTIC SPECIALTY INSURANCE COMPANY,a New York corporation with its principal office in Plymouth,
Minnesota,does hereby constitute and appoint: Claudette Alexander Hunt,Elizabeth Marrero,Pedro Gonzalez Jr,each individually if there be more than one named,
its true and lawful Attorney-in-Fact,to make,execute,seal and deliver,for and on its behalf as surety,any and all bonds,recognizances,contracts of indemnity,and all other
writings obligatory in the nature thereof;provided that no bond or undertaking executed under this authority shall exceed in amount the sum of:unlimited and the execution of
such bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof in pursuance of these presents,shall be as binding upon said Company
as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the
following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012:
Resolved: That the President,any Senior Vice President or Vice-President(each an"Authorized Officer")may execute for and in behalf of the Company any and
all bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and affix the seal of the Company thereto;and that the
Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto;and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in-
Fact.
Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and any such instrument executed by any such Attorney-in-Fact shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and,further,the Attorney-in-Fact is hereby authorized to verify any affidavit
required to be attached to bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September,2012:
Resolved: That the signature of an Authorized Officer,the signature of the Secretary or the Assistant Secretary,and the Company seal may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond,
undertaking,recognizance or other written obligation in the nature thereof,and any such signature and seal where so used,being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF,ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this twenty-seventh day of April,2020.
0,00,-0 I N SV'
=co `0PPOR4" 92
z0 SEAL m 1 Ar1144" .
. 1986 O. By
STATE OF MINNESOTA `'s-"I'Fw y0P'tda
Paul J.Brehm,Senior Vice President
HENNEPIN COUNTY ",4I, IsvIS
On this twenty-seventh day of April,2020,before me personally came Paul J.Brehm,Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY,to me
personally known to be the individual and officer described in and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me
duly sworn,that he is the said officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
ir I. — -In. -i I. AIL A..,60a..a,
,:, -- ALISON DWAN NASH•TROUT /,/i�t
`. NOTARY PUBLIC•MINNESOTA � '/�/vi
\ "'', My Commission Expires
' `4,!n January 31,2025 Notary Public
I,the undersigned,Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY,a New York Corporation,do hereby certify that the foregoing power of attorney is in full
force and has not been revoked,and the resolutions set forth above are now in force.
Signed and sealed. Dated 6th day of May 2022.
,,`, P. 9 Y IN SL ,",,
Sat, or0R44A
N SEAL "_ iw—a%'/ e --
``-- 1986 0
This Power of Attorney expires ve. 1FK,yO.+. V
January 31,2025 '`o�l b . I.�o'P
^, Kara Barrow,Secretary
Please direct bond verifications to surety@intactinsurance.com
16A11
Exhibit " 6"
Evidence of Signing Authority
16 Al 1
JOINT UNANIMOUS WRITTEN CONSENT OF THE MANAGERS OF
MINTO COMMUNITIES,LLC,
MINTO ARTESIA,LLC,
MINTO TOWNPARK,LLC,
HOMEBUYERS'FINANCIAL,LLC,
MINTO FLORIDA HOLDINGS, LLC
MINTO TITLE, LLC,
MINTO LAS OLAS,LLC,
MINTO KENNEDY GROVES,LLC,
MINTO VILLAS-BY-THE-SEA,LLC,
MINTO BRADENTON,LLC,
MINTO MARINA, LLC,
MINTO MONTERRA,LLC,
MINTO SABAL BAY,LLC
MINTO SPW, LLC AND
MINTO PBLH,LLC
The undersigned, constituting all the managers (the "Managers") of MINTO COMMUNITIES,
LLC, a Florida limited liability company, MINTO ARTESIA, LLC, a Florida limited liability company,
MINTO TOWNPARK, LLC, a Florida limited liability company, HOMEBUYERS'FINANCIAL, LLC,
a Florida limited liability company, MINTO FLORIDA HOLDINGS, LLC, a Florida limited liability
company, MINTO TITLE, LLC, a Florida limited liability company, MINTO LAS OLAS, LLC, a
Florida limited liability company, MINTO KENNEDY GROVES, LLC, a Florida limited liability
company, MINTO VILLAS-BY-THE-SEA, LLC, a Florida limited liability company, MINTO
BRADENTON, LLC, a Florida limited liability company, MINTO MARINA, LLC, a Florida limited
liability company, M1NTO MONTERRA, LLC, a Florida limited liability company, MINTO SABAL
BAY, LLC, a Florida limited liability company, MINTO SPW, LLC, a Florida limited liability company,
and M1NTO PBLH, LLC, a Florida limited liability company (each, a "Company" and hereinafter,
collectively, the "Companies"), do hereby consent to the following resolutions as of November 20, 2014
and direct that this action be filed with the records of each respective Company.
RESOLVED, that Brian Cale("Cale")be and hereby is appointed to the office of Vice President
of each of the Companies,to serve in such capacity until his successor has been duly elected and qualified
or until his earlier resignation, removal or death;
RESOLVED, that any and all actions taken to date by Cale on behalf of the Companies as an
officer of the Companies are hereby ratified and approved; and
RESOLVED, that this Joint Unanimous 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.
[Signature(s) on following page(s).]
{30232934;1}
16A11
IN WITNESS WHEREOF, the undersigned being all the Managers of all of the Companies
have executed this Joint Unanimous Written Consent effective as of the date first above written.
MANAGERS of MINTO COMMUNITIES, LLC,
MINTO ARTESIA, LLC, MINTO TOWNPARK,
LLC, HOMEBUYERS' FINANCIAL, LLC, MINTO
FLORIDA HOLDINGS,LLC,MINTO TITLE,LLC,
MLNTO LAS OLAS, LLC, MINTO KENNEDY
GROVES, LLC, MINTO VILLAS-BY-THE-SEA,
LLC, MINTO BRADENTON, LLC, MINTO
MARINA, LLC, MINTO MONTERRA, LLC,
MLNTO SABAL BAY, LLC, MINTO SPVV, LLC and
MINTO PBLH,LLC
171L4)
Michael J. Belmont
John F.Ca
{30232934;11
16A11
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,
MINTO HENRY SQUARE HOLDINGS, LLC,
MINTO VILLAS-BY-THE-SEA,LLC,
MINTO BRADENTON,LLC,
MINTO MARINA, LLC,
MINTO MANAGEMENT SERVICES, LLC,
MINTO TITLE, LLC,
HOMEBUYERS' FINANCIAL, LLC,
MINTO TOWNPARK, LLC,
MINTO KENNEDY GROVES, LLC
MLNTO HENRY 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 VTT,LAS-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 of January +',2011, and direct that this action be filed with the records of
each respective Company.
{M3015416;1}
16 Al 1
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;l}
16A11
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 HOL S INC.
By: f c rC�
Name: -Pie e.0 C1 re"e i<,
Title: Cr)c.1l'C c•,r,
By:
ame: }'1 i c ( Vicki e
Title: \J iLP - Pt e5 e%mt-
MINTO FXL t�J�
By:
Name: t�oc1e--:c -A-D C5
Title: C:\-Wi t- --,c..l�
By:
e: c la e- I tivrt CED
Title: Ni c e, - (ice
MEMBERS of MINTO FLORIDA HOLDINGS,
LLC & MINTO FLORIDA DEVELOPMENTS,
LLC:
MCLLC PAR 'A RCO INC.
By:
Name: e Cc),
Title: C. Ed, rl r e-,5
By: f1
Title: 1-2:h c o-Vc cell
{M3015416;1}
16 Al 1
MINTO HOd GS (FLORIDA) CO.
By: -
Name: Roc\ec-- G re
L .e• t
Title: C �
By:
ame:
Title: Ch.t P c f c i a 1 ;c.Qrr
MEMBER of MINTO COMMUNITIES, LLC:
MINTO F AaiaA HOLDINGS, LLC
By:
Name: Oc e C sec-c7�
Title: C, , tA rr\a •
By: •
ame: _IA I r Fi I Weck e Cs
Title: Ivy c,e. Fr e.5 i c e cc-
MEMBER of MINTO ARTESIA, LLC, MINTO
LAS OLAS, LLC, MINTO HENRY SQUARE
HOLDINGS, LLC, MINTO VILLAS-BY-THE-
SEA, LLC, MINTO BRADENTON, LLC,
MINTO MARINA, LLC and MINTO
MONTERRA,LLC:
MINTO FLOHOA DEVELOPMENTS, LLC
By: l '
Name: C..e c= F P- r 4 c3
Title: C, r- r,r, r,
By:
_ ame: c h c_1 I \hi cA±e;S
Title: \J Le Pc-e 51 d e-r 4
{M3015416;1}
100, 1
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
Name: C� F� •?, he
Title: Cr
By:
ame: icy , \,h(aift.I-5
Title: Vice_ `�-
MEMBER of MINTO HENRY SQUARE, LLC:
MINTO HE SQUARE HOLDINGS, LLC
By:
Name: ;'c3
Title: e
By:
e: c. f
Title: \\ cam ;e% c\E
[Signatures continue on following page]
{M3015416;1}
16A11
MEMBERS of MINTO FXL, LLC:
MINTO HOLD INC.
By:
Name: C r
Title: Cr". "I• <,; r)ent
By:
e: hi c\-)n
Title: CA-c-te Vic,ar\c\c,,\
MLNTO FXL C
By: _
Name: I2_Nocler
Title: C E6
By:
Njrre: C
Title: ( hC C e(
{M3015416;1)
16A11
EXHIBIT "C"
Opinion of Probable Cost
i6Aii
Barraco www.barraco.net
and Associates, Inc. Civil Engineers, Land Surveyors and Planners
ENGINEER'S OPINION OF PROBABLE COST
for the construction of
Isles of Collier Preserve Phase 17
Plat Bond
June 3, 2021
ITEM
UNIT
NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
I. EARTHWORK
no-i Erosion Control 1 LS $30,000.00 $30,000.00
575-1 Natural Grass& Sodding 44,000 SY $2.40 $105,600.00
SUB-TOTAL: $135,600.00
II. ROADWAY
160-1 Type "B" Stabilization (12") 25,168 SY $2.25 $56,628.00
200-1 Limerock Base w/Prime Coat (6") 19,238 SY $ii.00 $211,618.00
331-1 Asphalt Concrete Type S-III 1" (1st Lift) 18,872 SY $5.75 $108,514.00
331-2 Asphalt Concrete Type S-III 3/4" (Final Lift) 18,872 SY $6.00 $113,232.00
331-3 Brick Pavers 366 SY $80.00 $29,280.00
520-1 Valley Gutter(2' Wide) 11,648 LF $11.50 $133,952.00
52o-2 Type "F" Curb 3,408 LF $15.00 $51,120.00
520-3 Type "A" Curb 716 LF $14.50 $10,382.00
52o-4 8" Ribbon Curb 113 LF $18.00 $2,034.00
522-1 4"Thick Concrete Sidewalk/ Path 8,329 SY $33.00 $274,857.00
522-2 ADA Ramps w/ Detectable Warning 7 EA $650.00 $4,550.00
522-3 6" Plain Concrete (Lift Station Driveway) 17 SY $58.00 $986.00
700-1 Signing and Pavement Markings 1 LS $7,500.00 $7,500.00
715-1 Conduit Crossing 2,100 LF $5.00 $10,500.00
SUB-TOTAL: $1,015,153.00
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ITEM
16Aj l
UNIT
NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
III. DRAINAGE
425-1 Valley Gutter Inlet 18 EA S4,800.00 $86,400.00
425-2 Type "C"Inlet
5 EA S3,000.00 $15,000.00
425-3 Type"9" Inlet 6 EA S4,000.00
$24,000.00
425-4 Type"E" Inlet 2 EA $4,500.00 S9,000.00
425-5 Weir Wall 1 EA $7,5oo.00 $7,500.00
425-6 18" Endwall 3 EA $1,800.o0
S5,400.00
425-7 24" Endwall 5 EA $2,300.00
$11,500.00
425-8 30" Endwall 7 EA $2,700.00
$18,900.00
425-9 12"ADS Flared End Section 2 EA $900.00 $1,800.00
425-10 18"ADS Flared End Section 4 EA S1,200.00
$4,800.00
430-1 18" RCP Storm Sewer 504 LF
$50.00 $25,200.00
430-2 24" RCP Storm Sewer 1,596 LF $65.00 $103,740.00
430-3 30" RCP Storm Sewer 1,536 LF $87.00 $133,632.00
430-4 8"ADS Storm Drain 564 LF $20.00 $11,280.00
430-5 12"ADS Storm Drain 1,879 LF $26.00 $48,854.00
430-6 18"ADS Storm Drain 2,524 LF $35.00 $88,340.00
430-7 Junction Box 1 EA. $4,100.00
$4,100.00
430-8 Yard Drain
49 EA $1,400.00 $68,600.00
530-1 Rip Rap (6"-8")w/ Geotextile 6o SY $115.00 $6,900.00
400-1 4'x 6'Three Barrel Box Culvert 109 LF $2,400.00 $261,600.00
400-2 Wing Walls 120 LF S975.00 $117,000.00
SUB-TOTAL: $1,053,546.00
IV. WATERLINE AND ACCESSORIES
A. 8" DR-18 PVC Watermain 6,67o LF $42.00 $280,140.00
B. 8" DR-14 PVC Watermain 123 LF $5o.00 $6,15o.00
C. 8" Gate Valve 13 EA $1,900.00 $24,700.00
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1610. 1
ITEM
UNIT
NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
D. Fire Hydrant Assembly 19 EA $6,100.00 $115,900.00
E. Single Water Service 64 EA $1,300.00 $83,200.00
F. Double Water Service 83 EA S1,400.00 $116,200.00
G. Permanent Bacteriological Sample Point 1 EA 82 loo.00 $2,100.00
H. Temporary Bacteriological Sample Point 8 EA $500.00 $4,000.00
I. Permanent Automatic Flushing Device 3 EA $10,500.00 $31,500.00
J. Air Release Valve 2 EA $3,500.00 $7,000.00
K. 8"x 12"Tapping Sleeve and Valve 1 EA $3,200.00 $3,200.00
Connect to Ex. 12"Watermain (inc.
L. repairs to ex. Improvements) 1 EA $6,500.00 $6,500.00
SUB-TOTAL: $680,590.00
V. SEWER SYSTEM
A. 8" SDR 26 Sanitary Sewer 5,698 LF S6o.00 $341,880.00
B. 4" DR-18 PVC Forcemain 2,322 LF $29.00 $67,338.00
C. 4" DR-14 PVC Forcemain 87 LF $32.00 $2,784.00
D. 4" Plug Valve 2 EA $1,900.00
$3,800.00
E. 4' Sanitary Manhole 29 FA $9,200.00 $266,800.00
F. 6"Sewer Service(Single) 9 EA $1,100.0o $9,900.00
G. 6"Sewer Service (Double) 110 EA S1,2oo.00 $132,000.00
H. Lift station 1 EA $300,000.00 $300,000.00
I. Air Release Valve 2 EA $7,800.00 $15,600.00
Connect to Ex.4" Forcemain (inc.
J. repairs to ex. improvements) 1 EA $5,500.00 $5,500.00
SUB-TOTAL: $1,145,602.00
VI. LANDSCAPING
A. 10'Height Buffer Tree 142 EA $400.00 $56,800.00
B. lo'-16'CT Palms 117 EA $300.00 $35,100.00
C. 2' Height Buffer Shrubs 2,23o EA $15.00 $33,450.00
D. 36"7 Gal. Utility Buffer Shrubs 68 EA $45.00 $3,060.00
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16A11
ITEM UNIT
NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
E. 60" io Gal. Buffer Shrubs 260 EA $70.00 $18,200.00
F. Preserve Ground Covers 1 Gal. 2,108 EA $5.00 $10,540.00
G. Littorals 8,428 EA 51.50 $12,642.00
SUB-TOTAL: $i69,792.00
VII. IRRIGATION SYSTEM
A. 6" DR-18 PVC Irrigation Main 1,740 LF $28.00 $48,720.00
B. 6" DR-14 PVC Irrigation Main 90 LF $39.00 $3,510.00
C. 6" Gate Valve 5 LF $1,500.00 $7,500.00
D. 6"x 10"Tapping Sleeve and Valve 1 EA $2,700.00 $2,700.00
E. Air Release Valve 1 EA $3,500.00 $3,500.00
Connect to Ex. 10" Irrigation Main (inc.
F. repairs to ex. improvements) 1 EA $2,000.00 S2,000.00
SUB-TOTAL: $67,930.00
VIII. SITE LIGHTING
A. FPL Town &Country Street Lights 85 EA $900.00 $76,500.00
SUB-TOTAL: $76,500.00
Estimated Date of Completion: 7/2022 TOTAL: $4,344,713.00
Barraco and Associates, Inc. 10% BOND TOTAL: $434,471.30
2271 McGregor Boulevard BOND TOTAL: $4,779,184.30
P.O. Drawer 2800
Fort Myers, FL 33902-2800
Certificate of Authorization No. 7995
,..�e..6..,„ 'Y,,;,•• Digitally signed by
'USU) , Wesley 5 Kayne
190: STATE OF r�W Date:2021.06.04
,F'. ORIO '',/ 14:27:25-04'00'
••••SS�ONAL E�.••
Wesley S. Kayne, P.E. This item has been digitally signed and sealed by
Wesley S.Kayne on the date adjacent to the seal.
Florida P.E.No. 80507 Printed copies of this document are not considered signed
For the Firm and sealed and signature must be verified on any electronic
copies.
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