MEMORANDUM

Public Works Department Fiscal Services Division 1022 261

h Ave. E. Bradenton, FL 34285 MANATEE COUNTY

FLORIDA

Phone: 941-708-7 450 Fax: 941-708-7502

www.mymanatee.org

To:

Thru:

From:

Date:

Subject:

Vicki Tessmer, Board Records Manager, Clerk of the Circuit Court

Carmen Mosley, Fiscal Operations Division Manager~·~~_

JaneOliver,BondCoordinatq~~ . - 0 February 27, 2014

PALMA SOLA BAY CLUB PDR-03-59/FSP-05-85 RELEASE WETLAND MITIGATION AGREEMENT RELEASE CASHIER'S CHECK ACCEPT WETLAND MITIGATION AGREEMENT ACCEPT SURETY BOND

Please schedule on your consent calendar for the next available Board of County Commissioner's Agenda, the following "Form ofMotion".

• Authorization to release the Agreement for Warranting The Required Wetland Mitigation System in the amount of $7 ,592.30;

• Authorization to release and return the Cashier's Check associated with the above Agreement. Document will be returned to Evelyn Treworgy with Palma Sola Bay Club Development, Inc. located at 6220 Manatee Avenue #103, Bradenton FL 34209;

• Cashier's Check No. 701502200 issued through M & I Bank

• Amount of Wetland Security $7 592.30.

No account number was provided for this cashiers check. Lucy Mattern of the Planning Department/Natural Resources Division requested the acceptance in her memorandum dated October 23, 2006 (see attached).

NOTE: In order to assist in closing out this file, please provide documentation check has been issued and mailed.

LARRY Hl iSTLE + i\ IICIIAEL GALLE:"~ • .JOliN R. CHAPPlE "' ROHI N DiSABATINO • VA~ESSA BAliGI-1 " CA IH>L WHITMORE • BKI'SY BENAC /){.1/riCI I Dislnct 2 Distnct3 District .f District 5 District 6 Dlstricl l

Vicki Tessmer- Palma Sola Bay Club February 27, 2014 Page 2

• Acceptance of, and authorization for Chairman to execute Palma Sola Bay Club Wetland Mitigation System Agreement in the amount of$7,592.30;

• Acceptance of, and authorization for Chairman to execute the Surety Bond in conjunction with the above Agreement;

• Surety Bond No. TAACSU 0543932, issued through Allegheny Casualty Company;

• Amount of Security $7,592.30.

CM/jo

cc: Records Management Doug Means, Planning Division Mgr., Building & Development Svc. Joel Christian, Environmental Program Mgr, Building & Development Svc. Dorothy Rainey, Environmental Planner, Building & Development Svc. Carmen Mosley, Fiscal Services Mgr. Public Works Dept. Michelle Theriot, Bradenton Cove Construction, LLC Evelyn Treworgy, Palma Sola Bay Club Dev., Inc. Allegheny Casualty Company

Attachments

PALMA SOLA BAY CLUB WETLAND MITIGATION SYSTEM

AGREEMENT

This SURETY AGREEMENT ("Agreement") is made and entered into as of MARCH 11, 2014 by and between MANATEE COUNTY, a political subdivision of the State of Florida ("Manatee County" or "County"); and PALMA SOLA BAY DEVELOPMENT, INC., a Florida Corporation with an address of 650 GOLDEN GATE POINT #602, SARASOTA, FL 34236, ("Developer").

RECITALS

WHEREAS, Developer has made application to the County for approval of a site plan or final plat identified as PALMA SOLA BAY CLUB (the "Project") to be developed on the property described in Exhibit "A", attached hereto and incorporated herein, (the "Property"); and

WHEREAS, in connection with the Project, Developer has submitted a Wetland Mitigation Plan, which is on file with the County's Planning Department and has been approved by the County, that provides for and requires the construction, maintenance, and operation of a Wetland Mitigation System; and

WHEREAS, Developer desires to obtain approval of the site plan or final plat for the Project; and

WHEREAS, the Developer is the responsible entity for construction, maintenance, and operation of the Wetland Mitigation System; and

WHEREAS, Section 719 of the Manatee County Land Development Code (the "Code") requires that Developer tender to the County a security, bond, escrow, or other form of surety acceptable to the County in the amount of one hundred fifteen percent (115%) of a cost estimate, certified by the Engineer of Record, of the estimated or actual costs and expenses of wetland mitigation construction, planting, maintenance, and monitoring the County may incur should the Developer fail to comply with or perform any requirement of the Wetland Mitigation Plan; and

WHEREAS, Developer has submitted such estimate certifying the construction, maintenance, and operation costs as SIX THOUSAND SIX HUNDRED TWO & N0/1 00 dollars ($6,602.00), as shown on Exhibit "B", attached hereto and incorporated herein.

WHEREAS, the Developer herewith tenders to the County SURETY BOND (Type of Security), Number T AACSU 0543932 , dated FEBRUARY 18, 2014 , with

ALLEGHENY CASUALTY COMPANY (Financial Institution), in the amount of SEVEN THOUSAND FIVE HUNDRED NINETY TWO & 30/100 Dollars

(words),$7,592.30 (numbers).

NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Wetland Mitigation Agreement For: Palma Sola Bay Club Project Name

1. Developer's Obligations. The Developer hereby agrees to construct, maintain, and operate a Wetland Mitigation System such that the constructed mitigation (i) provides an equal or greater habitat function than the wetland being replaced, (ii) complies with the approved Wetland Mitigation Plan, and (iii) otherwise fully complies with Section 719 of the Code and all other applicable regulations, requirements, and agreements. Further, the Developer hereby agrees that it will correct any deleterious effects on wetlands or adjacent areas that may result from non-compliance with the Wetland Mitigation Plan.

2. Surety Reguirement. Within sixty (60) days following execution of this Agreement, Developer shall tender to the County's Planning Director a performance and defect bond, letter of credit, or other surety in form and substance reasonably acceptable to the County (the "Security") in the amount of SEVEN THOUSAND FIVE HUNDRED NINETY TWO & 30/100 Dollars (words),$ 7,592.30 (numbers), such amount being one hundred fifteen percent ( 115%) of the certified cost estimate, attached hereto as Exhibit "B" and incorporated herein. Said Security shall be issued by a bank or other financial institution authorized to transact business in the State of Florida (the "Surety Company"). Said Security shall remain valid throughout the effective period of this Agreement, as described in Paragraph 6 herein. Further, the Security shall not be canceled with less than ninety (90) days written notice to the County, provided by hand delivery or certified mail. Any such cancellation must be accompanied by the tender of an adequate replacement security, failing which a stop work order, requiring immediate cessation of any land alteration activities, shall be posted against all development activities occurring or permitted on the Property.

3. County's Obligation. Upon tendering of the Security by the Developer as required by Paragraph 2 hereof, the County may approve the applied-for site plan or final plat provided that all other requirements for such approval have been met.

4. County's Remedies. If the Developer should (i) fail or refuse to construct, maintain, or operate, to the reasonable satisfaction of the County, the required Wetland Mitigation System, (ii) fail to correct any deleterious effects on wetlands or adjacent areas during the effective period of this Agreement, or (iii) fail to maintain the security for its obligations hereunder in accordance with Section 2, hereof, and Section 719 of the Code, the County, at its sole option and upon ten (1 0) days written notice to the Developer, shall have the right to draw upon the security and enter upon the Property, to construct, maintain, and operate t4e aforesaid Wetland Mitigation System, and/or to correct any deleterious effects on wetlands or adjacent areas. Nothing herein shall be construed as affecting the County's right to resort to any and all legal and equitable remedies against the Developer or to collect against the Security posted for the Wetland Mitigation System.

5. Indemnity. The Developer shall indemnify and hold harmless the County against and from all claims, costs, fees, expenses, damages, injuries, or loss, whether direct or consequential, including without limitation all engineering, legal, and contingent costs and fees, which the County may sustain due to the failure of the Developer to fulfill its obligation as described herein during the time period specified, without regard to the amount of the Security. In the event the County exercises this right, the Developer shall reimburse the County for all costs and expenses.

2

Wetland Mitigation Agreement For: Palma Sola Bay Club Project Name

6. Effective Date and Expiration. This Agreement shall be effective upon execution and shall continue in effect through a date five (5) years following the date on which construction of the required Wetland Mitigation System is deemed complete pursuant to Section 719 of the Code (i.e., the system has been certified by the Engineer of Record to have been constructed in compliance with the approved Wetland Mitigation Plan, and the County has completed an on-site review and approved the construction). Upon or prior to the expiration of said five (5) year period, Developer shall record in the public records of the County documents providing that the Developer and his successors shall be responsible for ongoing maintenance, data collection, and reporting for the Wetland Mitigation System.

7. No Development Rights Conferred. The parties understand, acknowledge, and agree that, unless otherwise specifically provided for herein, no approval is given hereby for the Project. Nothing contained in this Agreement shall (i) create any development rights in favor of the Developer or the Property; (ii) create, or otherwise acknowledge the existence of, any vested development rights by reason of estoppel, detrimental reliance, or otherwise; or (iii) authorize, permit, or otherwise allow any construction and/or development of or on any other property unless separately approved by the Board of County Commissioners pursuant to County Ordinances. All land use authorizations and all development and construction rights and authorizations shall be obtained upon proper application and in compliance with all standards and requirements of the Manatee County Comprehensive Plan, the Manatee County Land Development Code, any approved general development plan, preliminary or final site plan, and all conditions or stipulations thereto.

8. Integration. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith.

9. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. Venue for any dispute shall be located in a civil court of competent jurisdiction of Manatee County, Florida.

10. Partial Invalidity. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect, provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement.

3

Wetland Mitigation Agreement For: Palma Sola Bay Club Project Name

11. Assignment. County specifically understands that the obligations of Developer herein may be assigned to a subsequent developer of the Project and that the rights and obligations of Developer herein shall run with the Project. The term "Assignment" shall not include acts by the Developer's primary contractor in subcontracting or ordering materials for portions of the Realignment Improvements.

12. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto and no right or cause for action shall accrue to, or for the benefit of, any third party not a party hereto.

13. Notices. Every notice, request, or other communication provided for in this Agreement shall be in writing and shall be deemed to have been given or served at the time that the same is received, if hand delivered, or at the time the same shall be deposited in the United States mail, postage prepaid, addressed to the parties and signed by the designated representatives and addressed as provided below, until either party provides written notice of a different agent or address:

If to the County:

Manatee County Attn: Director, Public Works Department 1 022 261

h A venue East Bradenton, Florida 34208

If to the Developer:

Palma Sola Bay Developer, Inc. 650 Golden Gate Point #602 Sarasota, FL 34236

With copies to:

Manatee County Attn: County Administrator Post Office Box 1000 Bradenton, Florida 34206

Manatee County Attn: County Attorney Post Office Box 1 000 Bradenton, Florida 34206

With a copy to:

N/A

[SIGNATURE PAGE FOLLOWS]

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Wetland Mitigation Agreement For: Palma Sola Bay Club Project Name

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of _________ the day and year set forth above.

ATTEST: R. B. SHORE, Clerk the Circuit Court

PnntName

Print Name

5

MANATEE COUNTY, apolitical subdivision of the State ofFlorida

By: Board of County Commissioners

PALMA SOLA BAY DEVELOPMENT, INC. a Florida Corporation

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By: z:}l,Jd-~ Print N arne: 'f-t6kt---JLL -r£-rez_.

Title: Y'.P

Date: fe-B. l 'T 1 :M?tf

EXHIBIT "A"

LEGAL DESCRIPTION OF THE PROPERTY

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BK 2482 . PG 537 Doc Stamps $39900.00 Dkt#3173850 (1 of 4)

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151Jis inslrumtml 11 prcptrrcd bp, Marc H. Feldman

Feldman & Roback, Attorneys at Law

3908 • 26th Street West, Bradenton, Florida 34205 .

F&R File No. 13-1705

SPECIAL WARRANTY DEED

Abo\·c s ::ace rc.str\·cd for usc b Ocrk nf Court

THIS DEED is made and executed by Palma Sola Bay Club Development, Inc., a Florida corporation, whose address is 6220 Manatee Ave W, No. 103, Bradenton, FL 34209, hereinafter referred to as "Grantor." For good and valuable consideration, the receipt of which is acknowledged, Grantor hereby grants, bargains, sells, and conveys to Prospect Bradenton Investments, LLC, a Florida limited liability company, whose address is 650 Golden Gate Point, No. 602, Sarasota, FL 34236, hereinafter referred to as "Grantee," the successors and. assigns of Grantee forever, all right, tide, interest, estate, lien, claim, equity and demand of Grantor in and to the real property in Manatee County, Florida, described as:

PARCEL ONE:

Begin at the NE corner of U.S. Lot 2, of Section 6, Township 35 South, Range 17 East and go West 20 rods; thence South 20 rods; thence West 20 rods; thence South 20 rods; thence East 40 rods; thence North 40 rods, lying and being in Manatee County, Florida.

PARCEL TWO:

Begin 330 feet West of the NE corner of U.S. Government Lot 2, in Section 6, Township 35 South, Range 17 East; thence West 330 feet; thence Sovth 330 feet; thence E~st 330 feet and thence North 330 feet to the point of beginning, lying and being in Manatee County, Florida.

Less those Parcels to County of Manatee as described in those Deeds recorded in O.R. Book 2212, Page 4852 and O.R. Book 2212, Page 4864, Public Records of Manatee County, Florida.

PARCEL THREE:

A Parcel of land lying in Section 6, Township 35 South, R<~nge 17 East, Manatee County, Florida, being more particularly described as follows, to-wit:

From the Southeast corner of the Northeast ~ of the Southwest 11.1 of Section 6, Township 35 South, Range 17 East, Manatee County, Florida; run North along the East line of said Northeast 1/i of the Southwest 1/4 a distance of 1352.07 feet; and West a distance of 50.00 feet to a concrete monument, found on the West Right-of-Way line of 75th Street, West and the point of beginning; thence North, a distance of 44.93 feet to a found concrete monument; thence West, a distance of 350.00 feet to a found concrete monument; thence S 41"45'00" W, a distance of 360.00 feet to a found concrete monument; thence N 48"15'00" W, a distance of 150.00 feet to a found concrete monument; Lhence 44"45'00" W, a distance of272.00 feet to a found concrete monument at the P.C. of a curve to the right having a radius of2 72.90 feet; thence along the arc of said curve

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in a Southwesterly direction a distance of 116.69 feet through a central angle of 24"30'00" to a concrete monument found at the P.T. of said curve; thence S 69"15'00" W, a distance of92.00 feet to a found concrete monument; thence N 42"45'04" W, a distance of 154.47 feet to a found concrete monument; thence N 89"53'06" W, a distance of 89.45 fe~t to a concrete monument found in the West line of the said NE ~of the SW \4; thence N 00°06'54" E, along the said West line a distance of 350.51 feet to a found concrete monument at the occupied NW corner thereof; thence N 89"50' II" W, along the occupied North line of the NW V4 of the SW Y1 (passing the center line of Palma Sola Road at 549.5 I feet), a distance of 651 feet, more or less, to the approximate mean high water line of the Palma Sola Bay; thence meandering the said approximate mean high water line in a Northeasterly direction run N 53°26'36" E for an upland closing line a distance of 500.96 feet; thence leaving said approximate mean high water lineS 43"03'11" E, a distance of 70 feet more or less, to the centerline of Palma Sola Road at a point on the arc of a curve to the left whose radius point bears N 25"07'58" W, a distance of 325.00 feet; thence along the said centerline of Palma Sola Road, three courses, VIS; along the arc of said curve in a Northeasterly direction a distance of 101.65 feet through a central angle of 17"55'13" to the P.T. of said curve; and N 46"56'49" E, a distance of 334.51 feet to the P.C. of a curve to the left having a radius of 255.00 feet; and, along the arc of said curve in a Northeasterly direction a distance of 103.38 feet through a central angle of23"13'41" thence North 66"16'52" W, a distance of I 98 feet more or less to the above described approximate mean high water line of Palma Sola Bay; thence meandering the said approximate mean high water line run Westerly, Northerly and Easterly, a distance of625 feet more or less to its intersection with the centerline of Palma Sola Creek; thence meandering the said centerline, run Southeasterly 1035 feet more or less to the above described West right-of-way line of 75th Street, West; thence along said West right-of-way line two courses; vis: South, a distance of 338.1 feC[ more or less to a found concrete monument; and, West a distance of ZO.OO feet to the pomt of beginning, lying and being in Section 6, Township 35 South, Range 17 East, Manatee County, Florida.

Together with and including any and all riparian rights appurtenant to the above-described property, if any, without warranting title thereto.

Less and except the following described property:

From the Southeast corner of the Northeast Y! of the Southwest ~ of Section 6, Township 35 South, Range 17 East, Manatee County, Florida; run North along the East line of the said Northeast~ of the Southwest V4, a distance of 1352.07 feet; and, West a distance of50.00 feet to the West right-of-way line of 75th Street West and the point of beginning; thence North, a distance of 44.93 feet; thence West, a distance of 350.00 feet; thence S 41 °45'00" W, a distance of 60.00 feet; thence N 48"1 5'00" W, a distance of81.09 fee; thence North, a distance of 80.26 feet to a point on the arc of a curve ro the right whose radius point bearsS 21°19'40" E, a distance of 120.00 feet; thence along the arc of said curve in Easterly direction, a distance of 19.54 feet through a central angle of09"19'40" to the P.T. of said curve; thence N 78°00'00" E, a distance of90.00 feet to the P.C. of a curve to the right having a radius of 235.00 feet; thence along the arc of said curve in a Easterly and Southeasterly direction, a distance of 229.68 feet through a central angle of 56°00'00" to the PRC of a curve to the left having a radius of 165.00 feet; thence along the arc of said curve in a Southeasterly and Easterly direction, a distance of 127.71 feet through a central arigle of 44"00'00" to the PRC of a curve to the right having a radius of 25.00 feet; thence, along the arc of said curve in a Easterly, Southeasterly and Southerly direction, a distance of 39.27 feet through a central angle of90°00'00" to the P.T. of said curve; thence South, a distance of 26.60 feet; thence West, a distance of 8.00 feet to the point of beginning, lying and being in Section 6, Towns hip 35 South, Range 17 East, Manatee County, Florida.

The legal description of said Property in Manatee County, Florida, being also described as follows:

Commence at the Northeast corner of the Southwest~ (also the SE corner of the Northwest V4) of Section 6, Township 35 South, Range 17 East; thence N 00"03'49" W, along the East line of the Northeast Y4 of said Section 6, 30.14 feet; thence S 89"56'11" W, 30.00 feet to the intersection with the existing West RN1 of75th

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Street West, a public R/W, for a pointofbeginning; thence run the following courses and distances as measured: continues S 89"56'11" W, 12.00 feet to the intersection with the Easterly line of Heather Run Condominium as described and recorded in Condominium Book 17, Pages 90-96, Public Records of Manatee County, Florida; thence N 00"03'49" W, along said Easterly line, 27.24 feet to the P.C. of a curve concave to the Southwest, having a radius of 25.00 feet; thence run Northwesterly, along said Easterly line and the arc of said curve, through a central angle of 90"00'00", a distance of 39.27 feet to the PRC of a curve concave to the Northeast, having a radius of 165.00 feet, said point also lying on the Northerly line of said condominium; thence run Northwesterly, along said Northerly line and the arc of said curve, through a central angle of 44"04'57", a distance of 126.95 feet to the PRC of a curve concave to the Southwest, having a radius of235.00 feet; thence run Northwesterly and Southwesterly along, sa1d Northerly line and the arc of said curve, through a central angle of 56°01'27", a distance of 229.78 feet to the P.T. of said curve; thence S 77°59'41" W, along said Northerly line, 90.56 feet to the P.C. of a curve concave to the Southeast, having a radius of 120.00 feet; thence run Southwesterly along said Northerly line and the arc of said curve, through a central angle of 09"19'40", a distance of 19.54 feet to the intersection with the Westerly line of said condominium; thence S 00"00'19" E, along said Westerly line,80.26 feet; thence 48.15'19" E, along said Westerly line,81.09 feet to the intersection with the Southerly line of said condominium, said point also lying on the Northerly line of "The Lakes Ill", a condominium as recorded in Condominium Book 18, Pages 177 through 179, aforesaid Public Records; thence S 41.44'41" W, along said Northerly line and the Northwesterly line of "The Lakes ll", a condominium as recorded in Condominium Book 16, Pages 184-186, aforesaid Public Records and the South.westerly extension thereof, a distance of 300.00 ft., to the intersection with the Northerly line of that certain parcel of land described and recorded in O.R. Book 1190, Page 3521, aforesaid Public Records; thence along said Northerly line, run the following courses and distances, as measured N 48.11 '35" W, 149.88 feet; thence S 44"41'26" W, 272.50 feet to the P.C. of a curve concave to the Northwest, having a radius of 272.90 feet; thence run Southwesterly, along the arc of said curve, through a central angle of24"36'00", a distance of 117.17 feet to dJt: P.T. of said curve; thence S 69°17'25" W, 91.07 feet, thence N 42°50'53" W, 154.47 feet; thence S 89°59'55" W, 89.40 feet to the intersection with the occupied West line of the Northeast~ of the Sourhwest ~of said Section 6; thence N 00"06'31" E, as measured along said occupied West line, 350.58 feet; thence to the intersection with the occupied North line of the Northwest V4 of rhe Southwest 1/4 of said Section 6; thence N 89°53'48" W, as measured along said occupied North line (passing through a railroad spike marking the intersection with the centerline of Palma Sola Blvd at 550.36 feet), a distance of 663 .54 feet, more or less, to

the intersection with the mean high water line of Palma Sola Bay, said point hereinafter referred to as Point "A"; thence run Northeasterly, along the sinuosities of said mean high water line, 618 feet, more or less to the intersection with the Southwesterly line of that certain parcel of land as described and recorded in O.R. Book 1330, Page 2458, aforesaid Public Records, said point hereinafter recorded to as Point "B" (referenced by the following described closing line; commence at Point "A" as previously described and run N 49°25'14" E, 243.71 feet; thence N 63"19'26" E, 274.66 feet to Point "B" as previously described; thence S 43"03'32" E, along said Southwesterly line, 44.30 feet, more or less, to the intersection with the Southeasterly line of that cenain 33 feet wide strip of Public R!W for Palma Sola Blvd., as described in O.R. Book 1050, Page 3487, aforesaid Public Records, said point lying on the arc of a curve whose radius point lies N 25°08'19" W, 325.00 feet, thence run Northeasterly, along said Southeasterly line also being rhe approximate centerline of said Palma Sola Blvd., and the arc of said curve through a central angle of 17"55'13", a distance of 101.65 feet to the P.T. of said curve; thence N 48°50'20" E, along said Southeasterly line, 334.51 feet to the P.C. of curve concave to the Northwest, having a radius of255.00 feet; thence run Northeasterly, along said Southeasterly line and the arc of said curve, through a central angle of23"13'41", a distance of 103.38 feet to the intersection with the Northerly line or any Easterly extension thereof of that certain parcel of land as described and recorded in O.R. Book 1254, Page 2988, aforesaid Public Records; thence continue Northeasterly, along the approximate centerline of Palma Sola Blvd., and the arc of said curve, through a central angel of 18°05'43", a distance of80.54 feet to the PRC of a curve concave to the Southeast, having a radius of 200.00 feet; thence run Northeasterly along said centerline and the arc of said curve, through central angel of 08"26'24" a distance of 28.40 feet to the P.T. of said curve; thence N 14°02'28" E, along said centerline, 10.16 feet to a drill hole found in concrete bridge, marking the intersection of said centerline of "Palma Sola Blvd", with the centerline of "Palma Sola Creek" said point

SK, 2482'PG 540 Filed 8r. Recorded 7/18/13 11:25:04 AM R. B. "CHIPS" SHORE Clerk of Circuit Court Manatee County FL. (4 of 4)

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hereinafter referred to as Point "C"; thence run Southeasterly, along the sinuosities of the centerline of said Palma Sola Creek, 1212 feet, more or less, to the intersection with the West R/W of said 75rh Street West, said point hereinafter referred to as Point "D" (referenced by the following described closing line; commence at Point "C" as previously described and runS 79°17'00" E, 316.12 feet; thence S 59°21'47" E, 124.35 feet; thence S 87°23'19" E, 139.88 feet; thence S 38°36'54" E, 161.14 feet; thence 588°15'39" E, 70.99 feet; thence S 57"19'67" E, 284.83 feet; thence S 70°21'39" E, 108.06 feet to Point "D" as previously described); thence S 00°03'49" E, along said West R/W, 340.63 feet to the point ofbeginning, being and lying in Section 6, Township JS South, Range 17 East, Manatee County, Florida.

Less that certain parcel ofland identified as "Lake/Drainage Parcel No. 10" and described and recorded in O.R. Book 1541, Page 1419, Public Records of Manatee County, Florida .

Less R/W for Palma Sola Boulevard .

The Grantor warrants the title to the above-described real property for any acts of Grantor and will defend the same against the lawful claims of all persons claiming by, through, or under the Grantor, but against none other. Subject to property taxes for calendar year 2013. Subject to easements, reservations, and restrictions of record (if any) . ·

n Witness Whereof, this Deecpntgr:ed in the presence of the Witnesses on _7'-+t..!.(....:L=-· -+-L....~.t ____ J~-. '-.\..,..,:__\

j \./ \. ,· \../ \..../ - "

ignature of First Wimess

Printed Name of First Wimess .,

~.mw~ f 4A( Signature of Second Witness

Printed Name of Second Witness

State of Florida, County of Manatee -·/ i The foregoing instrument was acknowledged before me on J I (~. (). by Evelyn Treworgy, as President of Palma Sola Bay Club Development, Inc, a Florida corporation, in behalf of the c~:ora~ion, who produce~~~~<?rida driver's license as identification.

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Notary Public (Signature)

Primed Name

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EXHIBIT "B"

CERTIFIED COST ESTIMATE FOR THE WETLAND MITIGATION SYSTEM

FLORIDA PERMITTING, INC. CONSUL'IlNG ENviRONMENTAL SCIENTISTS

October I, 2013

Mr. Joel Christian, Environmental Specialists Manatee County Environmental Resources 1112 Manatee Ave. West Bradenton, FL 34205

Reference: PaJma Sola Club Brazilian Pepper Removal and Modified Planting Plan

Dear Mr. Christian:

This letter follows our meeting of August 20, 2013 concerning the Palma Sola Club site. In September of 2006, a plan was put into place to remove lhe remaining Brazilian Pepper (Schinus terebinthofolius) from some of lhe welland and buffer areas around the site and to replant the areas with native welland species. The enhancement activities were completed, but due to past economic conditions, lhe majority of work on the project site stopped, including vegetation maintenance. With the arrival of more favorable economic conditions, the property was sold to new owners and has become an active project site again. In order to satisfy the county's requirements for welland enhancement and nuisance species removal, we are proposing the following actions:

);;> Complete the removal of nuisance and exotic species from the area currenlly affected. The main species targeted include Brazilian Pepper, Carolina Willow (Salix caroliniana), and saltbush (Baccharis glomera/us).

:;;. Smooth out ruts caused by the maintenance activity.

) Include wetland 2 and portions of welland 1 in lhe routine maintenance activities proposed for the buffers and ACOE wellands to prevent the nuisance and exotic vegetation from re--colonizing and allow native desirables to establish.

};> Monitor the area after one year and provide a status report to SWFWMD and Manatee County detailing the progress made by native desirable vegetation and address any additional planting that may be necessary.

~ Plant approximately 5,283 herbaceous bare root plants on three-foot centers and twenty three gaJion black mangroves in the welland area. The black mangroves will be planted in clusters of ten each and located in the wetter areas of each wetland. The auached aerial shows the approximate area of the proposed mangrove planting.

Mr. Joel Christian October l, 2013 Page 2 of2

}> implement an erosion and sediment control plan at the culvert under PaJma Sola Bay Drive and road side ditch lO prevem any potemial discharge of turbid water.

» Furnish Manatee County an updated bond in the amount of $6,602.00 to insure the mitigation plan will be completed.

We anticipate three species of herbaceous material to be planted. The planted material will consist of: Spartina bakeri, and Tripsacum dactyloides, planted in the higher area of the wetland; S. patens planted in the weLter area near the ditches where influences of saiL water may be greater and Juncus effuses, Phyla spp., and Pluchea spp. in the weller areas away from the ditches.

Additionally, we plan on observing the recruitment of species through the one year of maintenance and may change the planting plan to include the desirable species establishing on the site.

We estimate the cost of the planting and maintenance as follows:

Item Units Cost Total Herbaceous 5,283 $0.75 $3,962.00 Plants Black Mangrove 20 $24 $480 Maintenance 12 (Events) $180 $2,160.00

TOTAL= $6,602.00

If you are in agreement with the above plan, please contact our office and we will implement the program immediately.

If you have any questions or need additional information please call me at 941-721-9584.

Sincerely,

/~ John McKenna Environmental Manager

Copy to: Evelyn Treworgy Attachmenl'i as stated.

G·\!4fM0!\20!1\Piamjng Plan Reyjs:d OOC

fLORIDA PERMfiTING, INC. • 5339 GULF DRJVE • HOLMES BEACH. FL 34217 94In78/9584 • 941177819553

SURETY BOND FOR GUARANTEEING PERFORMANCE OF A

WETLAND MITIGATION SYSTEM BOND NO. TAACSU 0543932

KNOW ALL MEN BY THESE PRESENTS:

That the Developer, Palma Sola Bay Development Inc as Principal, and

Allegheny Casualty Company , a Surety Company, duly authorized to transact business in the

State of Florida, are held and firmly bound unto the County of Manatee, State of Florida, as Obligee,

in the sum 0 fSeven Thousand Five Hundred Ninety Two Dollars and 30/100iWords) $---'-'7 ""5:::..:92::.:.;·3=-=0=------

(Numbers), for the payment of which sum we jointly and severally bind ourselves, our heirs,

executors, administrators, successors and assigns, for the specific benefit of the County in

accordance with the conditions set forth herein and in the Agreement In Conjunction with Surety

Bond for Guaranteeing Performance of a Wetland Mitigation System ("Agreement").

THE CONDITION of the above obligation is such that the Principal has entered into the

Agreement, dated _______ 20_, with the obligation

I. to construct, maintain and operate said Wetland Mitigation System ("System") such that it

provides an equal or greater habitat than the habitat it replaced; and

2. to warrant that such System is fully functioning and free from defects or failures; and

3. to correct any deleterious effects on wetlands or adjacent areas that result from

noncompliance with the Wetland Mitigation Plan.

NOW, THEREFORE, if the Obligee's inspection of the System finds the Principal has

constructed, maintained and operated the System in compliance with the approved Wetland

Mitigation Plan for the period up to and including sixty (60) months from the date of the

Certification by the Principal that the mitigation is constructed in accordance with the approved

Wetland Mitigation Plan, then this obligation shall be null and void; otherwise, this obligation shall

remain in full force and effect. If defects or failures are found in Principal's construction,

maintenance or operation of the System, and the defects or failures are not remedied in accordance

with the terms of the attached "Agreement", which is hereby incorporated herein by reference, the

Surety, upon written request by the County Public Works Director, shall forthwith pay to the Obligee

the costs of correcting the defects or failures in an amount not exceeding the said sum specified

above.

Page 1 of 4

' .

Wetland Mitigation System Agreement Palma Sola Bay Ch 'b

Project Name

BOND NO. TAACSII0543932

It is agreed and understood that the liability of the Principal is in no way limited by this Bond. The

amount of money to be paid by the Surety shall be determined by the County's estimated or actual

costs to be incurred to repair the defects or failures. Means of notification ofintent to collect shall be

by certified mail to the Surety at the address listed below. Payment shall be made to the County

within thirty (30) days by certified check drawn on behalf of the Board of County Commissioners of

Manatee County, Florida at Post Office Box I 000, Bradenton, Florida 34206, c/o Chairman.

This Surety Bond shall be construed in accordance to the Laws of Florida, and any action of

whatever nature, in connection with this Bond and the Wetland System Mitigation Agreement shall

be filed in the Twelfth Judicial Circuit in and for Manatee County, Florida

Page 2 of 4

..

INSURANCE COMPANY SIGNATURE FORM

FOR: Palma Sola Bay Club (Name of Project)

B~M?_No. rues' 1 os43932

SIGNED AND SEALED this L day of {!!' , 20 J!j_

David B Shick, Attorney-In-Fact and Fl Licensed Agent Print Name & Title #A241176

7217 Benjamin Rd Address

Tampa, Fl 33634 City State Zip

WITNESSES OR CORPORATE SEAL

Signature Signature

Print Name Print Name

NOTARY ACKNOWLEDGMENT STATE OF: _Fwl!>!.!or..u.id!.!i!a ____ _

COUNTY OF Hillsborough

The foregoing instrument was acknowledged before me this 18th day of Eebnrary , 20...14,__, by David B Shick as

Allorney-ln-Fact and FL Licensed Agent (Title), on behalf of the Surety identified herein, and who is personally known to me or who has produced N/A (Type of Identification) as identification.

NQ]'_ARY SEAL:

i$..*~~-, BRENDA KAY THOMAS i*f •·A··~ :·~ MY COMMISSION N DD 982438 ~~~~ EXPIRES: April15, 2014

"f.l/r,,o:;.'t- Bonded Thru Nolary Public Underwri!ers Brenda Kay Thomas

Print Name of Notary

Commission No. ___,o...,o ..... s""a"'-?4,..3 ..... a.__ ___ _ My Commission Expires: --::04-'-'1_:.;15=-/_,_14=------

Page 3 of 4

(Pvt lmp./Surety- Developer is Corp.)

'ALED this L day of SSES:

Type or Print Name

NOTARY SEAL: Notary Public

Print Name of Notary

FOR: Palma Sola Bay Club (Name of Project)

For: Palma Sola Bay Development, Inc.

{lJ;w~ , zoJ{

BY:PWij~ IJaJ!f s~7'/tfhvrc

Type or Print Name

,J.j>p~d accepted fo~. 'l"d on behalf of Manatee County, Florida, this J J.lt day of ....;~;_:_..:;:._>o:::;.¥~--· 20J..!f.

BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA

Page 4 of4

INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY

ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207

KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint

r--

DAVID B. SHICK

Tampa, FL.

their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory 1n the nature thereof, which are or may be allowed, required or J>E!rmittea by law, statutetrule, regulation, contract or otherwise. and the execufion of sucti instrument(sl inpursuance of these presents, shall be as binding upon the said IN ERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all Intents ana purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the fonowing resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 201D and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000:

"RESOLVED. that (1) the President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in ttieir respective powers of attorney, and to execute on behalf of ttie Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations In the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointrnenfs of joint-control custodians. agents for acceptance of grocess, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Cor_Qoration; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance contract of indemnity or other written obfigation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."

IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012.

STATE OF NEW JERSEY County of Essex

ROBERT W. MINSTER Executive Vice PresidenVChief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company)

On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.

IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.

A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014

CERTIFICATION I. the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Seciior:Js.:_of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file In the home office of said companies, and that the}same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in fuli f6rce ahd effect.

,·!

.:;. ..

IN TESTIMONY WHEREOF. I have hereunto set my hand this day of

MEMO

TO: Finance Department

FROM: Vicki Tessmer, Board Records Supervisor

RE: Palma Sola Bay Club

DATE: May 16,2014

Please release Cashiers Check 7015022200 in the amount of $7,592.30 which was releasd by the Board of County Commissioners on March 22, 2014, in conjunction with a Defect Security Warranting Required Improvements

Thank you for your assistance.

VT/jr Attachments

6vnJeokn-fl. ~9'1 City State Zip Code

MANATEE COUNTY BOARD OF COUNTY COMMISSIONERS

AUDIT SLIP

I hereby certify that the materials or services have been received, inspected and found satisfactory for the purpose for which they were purchased. (ONLY COMPLETE IF ITEMS HAVE BEEN RECEIVED)

Received by Date

AUDIT SLIP NUMBER

\) .clc, \rss~ Payment Authorization by:

Dept/Div

Contact Person

Phone number Phone

REASONFORPURCHASE ~ ~ ~.oAJ:>Gk..k<:l- ~~ lt)a~~ ~u.,.-.J L.Jd-/<>cd 1'\\lh oJ..,!r) 5.-isJerv-.. -

ITEM GENERIC DESCRIPTION QTY UNIT AMOUNT ACCT KEY OJB JL NUMBER ACTIVITY

~\(.{5. r~ \ :sn .cs9 JJ , 3c \0\D"D~ d:l~\'D .=lb It:~ l c; 1:000

M+ \ 6e."'~ ~ ~hhV\s:n ~

TOTAL AMOUNT $ =====$=0=.0=0==

FINANCE USE ONLY

DESC --------------------------- PEID POl

INV NUMBER INVAMT $ ---------------------------

INV DATE ----------DUE DATE TERMS DISCOUNT SEPCK ------- ------------ ---RELATE CODES SEC REF DIVISION ---------------- ---------------------VENDOR ACCT# ----------------

MEMORANDUM

Public Works Department Fiscal Services Division 1022 261

h Ave. E. Bradenton, FL 34285

D MANATEE COUNTY

Phone: 941-708-7450 Fax: 941-708-7502

www.mvmanatcc.org

To:

Thru:

From:

Date:

Subject:

FLORIDA

Vicki Tessmer, Board Records Manager, Clerk of the Circuit Court

Carmen Mosley, Fiscal Operations Division Manager~.~~_

JaneOliver,BondCoordinatq~~ , - (['

February 27, 2014

PALMA SOLA BAY CLUB PDR-03-59/FSP-05-85 RELEASE WETLAND MITIGATION AGREEMENT RELEASE CASHIER'S CHECK ACCEPT WETLAND MITIGATION AGREEMENT ACCEPT SURETY BOND

Please schedule on your consent calendar for the next available Board of County Commissioner's Agenda, the following "Form ofMotion".

• Authorization to release the Agreement for Warranting The Required Wetland Mitigation System in the amount of $7,592.30;

• Authorization to release and return the Cashier's Check associated with the above Agreement. Document will be returned to Evelyn Treworgy with Palma Sola Bay Club Development, Inc. located at 6220 Manatee Avenue #103, Bradenton, FL 34209;

• Cashier's Check No. 701502200 issued through M & I Bank

• Amount of Wetland Security $7,592.30.

No account number was provided for this cashier's check. Lucy Mattern of the Planning Department/Natural Resources Division requested the acceptance in her memorandum dated October 23, 2006 (see attached).

NOTE: In order to assist in closing out this file, please provide documentation check has been issued and mailed.

I.ARRY BliSTLE *MICHAEl. GALLEN* .IOU!\ R. CHAPPlE* ROBIN DiSABATINO* \'Ai\'ESSA BAUGH* ('AIH>L WIIIT.MOJH: *BETSY HENAC Dl.l'lr/Ct I Oistrict2 Distrtct 3 Dtstrict -1 Dtstrict5 District 6 IJt.I'U'ICt 7