03/15/2013 Mtg. DocumentsPort of the Islands Community Improvement District
Severn Trent Services, Management Services Division
210 North University Drive, Suite 702 — Coral Springs — Florida 33071
(954) 753 -5841 — (954) 345 -1292 Fax
May 8, 2013
IM
Memorandum To: Mr. Robert Dick
Severn Trent Services, Inc.
5911 Country Lakes Drive
Fort Myers, Florida 33905
Reference: Document from Minutes of Meeting Held March 15, 2013
From: Calvin Teague
District Manager
Enclosed for your records is a copy of the Maintenance Agreement and Grant of Easement with
Sunset Cay which was referred to in the minutes of the above - referenced meeting of the Port of
the Islands Community Improvement District's Board of Supervisors. Please be sure to make
this document available for public access during normal business hours.
If you have any questions, please contact Janice Swade at (954) 753 -5841.
Cc: For informational purposes only:
'Ms. Crystal Kinzel
Director
Clerk of the Circuit Court/Finance Department
3299 Tamiami Trail East
Suite 403
Naples, Florida 34112 -5746
Mr. Leo Ochs, Jr.
Collier County Manager
3299 Tamiami Trail East
Suite 202
Naples, Florida 34112
DANIEL H. COQ, P.A.
Attorney At Law
206 West 6th Street
Post Office Drawer CC
Carrabelle, Florida s2s22
Telephone (860) 697 -6856
Facsimile (850) 697 -$171
Naples (889) 370 -0842
Email dhcox @gtcom.net
April 30, 2013
Calvin Teague
Severn Trent
5911 Country Lakes Drive
Fort Myers, FL 33905
RE: POICID:
Dear Mr. Teague:
Enclosed, please find the following document for the above referenced entity:
1. MAINTENANCE AGREEMENT AND GRANT OF EASEMENT.
Should you have questions, please do not hesitate to calla
Sincerely,
tqgc<�
Lesley
Coxf
_
Legal Assistant to Daniel H. Cox
Enclosure
cc: File
Prepared by:
Daniel H. Cox, P.A.
P.O. Drawer CC
Carrabelle, FL 32322
INSTR 4821758 OR 4905 PG 1384
RECORDED 4/8/2013 11:24 AM PAGES 20
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $171.50 INDX $14.00
MAINTENANCE AGREEMENT AND
GRANT OF EASEMENT
This Agreement is between the Port of the Islands Community Improvement
District, whose address is cJo District Offices, 5884 Enterprise Parkway, FT Myers, FL
33905 ("District') and Sunset Cay at Port of the Islands Master Association, Inc., a
Florida corporation not for profit whose address 815 Bald Eagle Drive, Suite 201, Marco
Island, FL 34145 ( "Sunset Cay') and joined by Sunset Cay Villas II Condominium
Association, Inc., Sunset Cay Villas III Condominium Association, Inc., Sunset Cay
Villas IV Condominium Association, Inc.; Sunset Cary Villas V Condominium
Association, Inc.; Sunset Cay Villas VI Condominium Association, Inc.; Sunset Cay
Villas VII Condominium Association, Inc.; Sunset Cay Villas VIII Condominium
Association, Inc.; Sunset Cay Villas IX Condominium Association, Inc.; Sunset Cay
Villas X Condominium Association, Inc.; Sunset Cay Villas XI Condominium
Association, Inc.; Sunset Cay Villas XI Condominium Association, Inc.; Sunset Cay
Villas XII Condominium Association, Inc.; Sunset Cay Lakes Condominium 1500
Association, Inc.; Sunset Cay Lakes Condominium 1600 Association, Inc.; Sunset Cay
Lakes Condominium 1700 Association, Inc.; Sunset Cay Lakes Condominium 1800
Association, Inc.; and Sunset Cay Lakes Condominium 1900 Association, Inc. ("Sub -
Associations"}
A. Sunset Cay is a condominium association with responsibility to maintain the
common areas created by that Amended and Restated Master Declaration of
Covenants, Conditions, Restrictions and Easements for Sunset Cay at Port of
the Islands recorded at Official Record 3110, Page 2032 of the Public Records
of Collier County, Florida ("Master Declaration').
B. Sub - Associations are condominium associations within the property subject to
the Master Declaration, which operate separate condominium properties
subj ect both to the Master Declaration and to separate Declarations of
Condominium
C. District is a Community Development District established pursuant to Chapter
190, Florida Statutes and has the responsibility for maintaining and operating
the potable water and sanitary sewer facilities, roadways and other community
facilities serving the Sunset Cay property and other communities within the
Port of the Islands.
D. Sunset Cay has requested that the District maintain the potable water
distribution system and sanitary sewer collection system serving the Sunset
Cay community (" Facilities') and provide mosquito spraying within the
Sunset Cay community.
E. District is willing to accept maintenance responsibility for the facilities and
spray for mosquitos under the terms of this Agreement.
NOW THEREFORE, in consideration of ten dollars and other good and valuable
consideration exchanged between the parties, the receipt and adequacy of which are
acknowledged unto each other, the parties agree as follows:
District accepts maintenance responsibility for the Facilities, but shall not be
responsible for repairing any hardscape or landscape damaged in the
reasonable exercise of its maintenance responsibility accepted hereby.
Potable water distribution systems will be maintained up to and including the
back flow preventer. Sanitary sewer collection systems will be maintained
from the individual clean outs at each unit.
2. Sunset Cay and the Sub - Associations hereby grant District an easement for
ingress, egress and maintenance of the facilities over, across and under all
common elements of the Condominium property as necessary for the
maintenance of the Facilities and for mosquito control.
3. The District's responsibility to provide mosquito spraying shall be contingent
upon the annual appropriation of funds by the District as required by Florida
law.
4. Sunset Cay hereby indemnifies, saves, defends and holds District (including,
without limitation, District's officers, employees, agents and nominees)
harmless from and against any and all losses, damages (including, without
limitation, any and all consequential damages), costs, charges, expenses,
claims, demands, causes of action, accounts, sums of money, reckonings,
bounds, bills, covenants, controversies, agreements, promises, variances,
trespasses, executions, and liabilities (including reasonable attorney fees and
costs at all levels and/or negotiations) whatsoever, at law or in equity, whether
in tort, in contract, or otherwise, which may be asserted or recovered against
District (including, without limitation, District's officers, employees, agents
and nominees), whether asserted by suit, proceeding, defenses, counterclaims,
set -offs or otherwise, resulting from District's, its successors or assigns
(including, without limitation, their invitees, licensees, franchisees, guests,
lessees, employees, agents and nominees), exercise of its rights under this
agreement. Sunset Cay's obligation to indemnify the District shall not arise if
the District's liability is the result of grossly negligent or intentional wrongful
acts of the District.
J 20
Agreed this ('�� day of
ATTEST:
Calvin Tea c-e
STATE OF FLORIDA
PORT OF THE ISLANDS
COUNTY OF COLLIER
The f ping instrwnent executed before me by l dmidiW o, as Chairman
of the Boa" erviso f th rt of the Islands Comm 'ty Im rovement' District,
on this the day of "It as personally known
to me or (, produced 144 A as identification.
(SEAL)
Notary Public
WITNESSES:
STATE OF FLORIDA
COUNTY OF COLLIER
SUNSET CAY AT PORT OF THE
ISLANDS MASTER ASSOCIATION, INC., a
Flori corporation not for profit
Charles Hawkins, President
(SEAL)
The foregoing instrument was executed before me by Charles Hawkins, as
President of Sunset Cay at Port of the Islands Master Association, Inc., on this the 13
day of Novem her , 2012. He is 06 personally known to me or U produced _
as identification.
(SEAL)
.0 00"K Notary Public State of Florida
John M Carr
` My Commission EE105079
ofA Expires 0 5/20120 7 5
WITNESSES:
SUNSET CAY VILLAS II
CONDOMINIUM ASSOCIATION, INC.,
a Florida corporation not for profit
X�
President
(SEAL)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed before me by 9DII ; as President President of
Sunset Cay Villas 11 Condominium Association, Inc., on this the !L day of LL-V4
2012. He is &personally known to me or (j produced
as identification.
(SEAL)
OO Ry, Notary Public State of Florida
`F, Elizabeth Ann Bauer
My Commission DD994601
�orr�olA Expires 06/2112014
WITNESSES;
SUNSET CAY VILLAS III
CONDOMINIUM ASSOCIATION, INC.,
a Florida corporation not for profit
e;:Al , President
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Print Narxte: �a/' V An /1
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STATE OF FLORIDA
COUNTY OF COLLIER
A I /q N QA-C`tv-lt
The foregoing instrument was executed before me by , as President of
Sunset Cay'Villas M Condominium Association, Inc., on this thOMay of Lk2aL �►Q
2012. He is Yg personally known to me or U produced
as identification.
(SEAL)
jol Notary Public Stag psi FkXWB
John M Carr
my cammissionf EEi 05079
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Notary Public
WITNESSES:
Print Name:_ &&h BQ V4-1K
STATE OF FLORIDA
COUNTY OF COLLIER
SUNSET CAY VILLAS IV
CONDOMINIUM ASSOCIATION, INC.,
a Florida corporation not for profit
President
(SEAL)
VAv l a DWYeC
The foregoing instrument was executed before me by r , as President: of
Sunset Cay Villas IV'Condominium Association, Inc., on this the of 't7 %
2012. He is I$ personally known to me or U produced
as identification.
(SEAL)
Notary Public
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? , John M Carr
My Commission EE105079
Expires 06/2012015
WITNESSES:
SUNSET CAY VILLAS V
CONDOMINIUM ASSOCIATION, INC.,
a Florida corporation not for profit
(SEAL)
Yom_
Print Name: Gt -fGf'�
STATE OF FLORIDA
COUNTY OF COLLIER
President
The foregoing instrument was executed before me by , as President of
Sunset Cay Villas V Condominium Association, Inc., on this the day of A&wgj th gL—
2012. He is ld personally known to me or U produced
as identification.
(SEAL)
RNotary Public State of Flrida
John M Carr
My Commission EE105079
Expires 06/20!2015
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WITNESSES: SUNSET CAY VILLAS VI
CONDOMINIUM OCIATION.INC.,
a Florida corpora on n for profit
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Print name: , --. L=ymde, , L,,-j S, C. C C1 " President
Print Name: �& e Aa rq,
STATE OF FLORIDA
COUNTY OF COLLIER
AAPapEw :5. I.. i C-i A 9,W
The foregoing instrument was executed before me by , as President of
Sunset Cay Villas VI Condominium Association, Inc., on this the7l&y of
,203. He is M personalky known to me or U produced
as identification.
(SEAL)
W 4:bllc 518% Or FmrIdO otary Public
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WITNESSES:
SUNSET CAY VILLAS %II
CONDOMINIUM ASSOCIATION, INC.,
a Florida corporation not for profit
ZLI � —
Z-e" z , , 4� zI ai 4 4..�`President
(SEAL)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed before me by / , as President of
Sunset Cay Villas W Condominium Association, Inc., on this thdoay of AksgAlaor-
,2012 $fie is jkj personally known to me or [ j produced
as identification.
(SEAL)
`�sr r Notary PuNic Slate o! florida
? John M Carr
M �� My Commission EE105079
�'f p „�,o E yp9n. 06/2012015
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V'��Not&-ry Public
WITNESSES:
Print name: Pan; e ( 3. Asse.l t
Print Name: J 'At y% L e c,
STATE OF FLORIDA
COUNTY OF COLLIER
SUNSET CAY VILLAS VIII
CONDOMINIUM ASSOCIATION, INC.,
a Florida ration not for profit
tee-4 k W% C- W ' ' ` President
(SEAL)
Ke9ca Ctr, buts tv
The foregoing instrument was execrated before me by l , as President of
Sunset Cay Villas VIII Condominium Association, Inc., on this the Q_ day of X126 -r-
2012. He is g personally !mown to me or U produced
as identification.
(SEAL)
=MCarr State of Flwids n EV05079 !2015
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Notary Public
WITNESSES.
Print name: r,,I4rWkG.
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Print Name: z-L�'. bRiCt
SUNSET CAY VILLAS IX
CONDOMINIUM ASSOCIATION, INC.,
a FI rida corporation not for profit
President
(SEAL)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed before me by / , as President of
Sunset Cay Villas IX Condominium Association, Inc., on this tho.,Oday of Mx yennfurzs-
2012. He is personally known to me or [J produced
as identification.
(SEAL)
� Notary Public Stale of Fbrida John M Carr
My Commission EE106079
Expires 0&7012015
Notary
WITNESSES:
Print name: PWA04MM G/- 4 -f urJr-1
Print Name:Su 7 .Xw a&-q � V-PA-Y`
SUNSET CAY VILLAS X
CONDOMINIUM ASSOCIATION, INC.,
a Florida corporation not for profit
STATE OF FLORIDA
COUNTY OF COLLIER
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The foregoing instrument was executed before me by / , as President of
Sunset Cay Villas X Condominium Association, Inc., on this theaNay ofsl��
. 2012. He is personally known to me or [j produced
as identification.
(SEAL)
R NNotary Public State of Florida
John M Carr
My Commission EE105079
Expires 0612012015
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Notary WWO/W 05& q��p
Public
WITNESSES: SUNSET CAY VILLAS XI
CONDOMINIUM ASSOCIATION, INC.,
a Florida corporation not for profit
Print nam: Q kft'e-& — ho=*va Pr ident
(SEAL)
Print Name:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed before me by ! as President of
Sunset Cay Villas XI Condominium Association, Inc., on this theVday of119aW.AiM
. 2012. He is Pj personally known to me or U produced
as identification.
(SEAL)
AN State of Florida
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WITNESSES:
STATE OF FLORIDA
COUNTY OF COLLIER
SUNSET CAY VILLAS XII
CONDOMINIUM ASSOCIATION, INC.,
a Florida corporation not for profit
(SEAL)
President
e.lul ra Blx0rvt.
The foregoing instrument was executed before me by , as President of
Sunset Cay Villas XII Condominium Association, Inc., on this the„gday of la L'—ad& 1sz�t`
2012.GIe is 06 personally known to me or L] produced
as identification.
(SEAL)
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John M Garr
My commission EE105019
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SUNSET CAY LAKES CONDOMINIUM
1500 ASSOCIATION, INC., a Florida
corporation not for profit
W resident
(SEAL)
STATE OF FLORIDA
COUNTY OF COLLIER
Qeoois &tlii ps
The foregoing instrument was executed before me by , as President of
Sunset Cay Lakes Condominium 1500 Association, Inc., on this the 4 day of
1D —, 2012. He is 04 personally known to me or U produced
as identification.
(SEAL) j T4,6 �
Notary Public
• Y DG Notary Public State of Fiodds
Elizabeth Ann Bauer
a My Commission DD994001
Vcvaced Expires 06/2114014
WITNESSES:
�'.•�. a ��._'
—
Name: doJ'vj� (E &e ,
STATE OF FLORIDA
COUNTY OF COLLIER
SUNSET CAY LAKES CONDOMINIUM
1700 ASSOCIATION, INC., a Florida
corporation not for profit
A/ArJ,r J C Ld6l�A -F0.
President
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The foregoing instrument was executed before me by / , as President of
Sunset Cay Lakes Condominitun 1700 Association, Inc., on this the Vo day ofiVouetL { —
2012-gie is JA personally known to me or [__] produced
as identification.
(SEAL)
oeAr rk� Notary Publk State of Florida
John M Carr
My Commission EE105079
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WITNESSES:
Print name:
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Print Name:' , ,�r
STATE OF FLORIDA
COUNTY OF COLLIER
SUNSET CAY LAKES CONDOMR 1UM
1800 ASSOCIATION, INC., a Florida
corporation not for profit
G�� I° Gflylv�Q.rrt�
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(SEAL)
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The foregoing instrument was executed before me by , as President of
Sunset Cay Lacs Condornimiu 1 1800 Association, Inc., on this the _ day of��,� t"(-
2..012. He is [Mpersonally known to me or [] produced
as identification.
(SEAL)
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. John M Carr
My Commission EE105079
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Notary Public
WITNESSES: SUNSET CAY LAKES CONDOMINIUM
1900 ASSOCIATION, INC., a Florida
corporation not for profit
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Print nam 4ch ,-n Q , President
(SEAL)
Print Name: /� "A e Lu ►4 n n s v
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was executed before me by as Mc Preside nt p e
as dent of
Sunset Cay Lakes Condominium 1900 Association, Inc., on this the &_ day of Nowvtc,
2012. He is personally known to me or [j produced
as identifrcatinn_
(SEAL)
R 4V �n Notary Public State of Florida
Jahn M Carr
My Commission EE105079
14TI/ Expires 06120!2015
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WITNESSES:
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Print m
STATE OF FLORIDA
COUNTY OF COLLIER
SUNSET CAY LAKES CONDOMINIUM
1600 ASSOCIATION, INC., aFlorida
corporation not for profit
(SEAL)
The foregoing instrument was executed before me by f , as President of
Sunset Cay Lakes Condominium 1600 Association, Inc., on this the , 7 day of o w^
2012. He is 0 personally k-no wn to me or [i produced
as identification.
(SEAL)
Notary Public
j4i� Notary Public Florida
oorida
:p Elizabeth Ann Bauer
My Commission DD994601
?OR FAO Expires 06/21!2014