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Rookery Bay
MEMORANDUM DATE: April 16, 1999 TO: Maureen Kenyon, Supervisor, Clerk to Board FROM: Shirley Nix, Engineering Technician II ~ Project Plan Review RE: Rookery Bay Sewer Facilities Acceptance Recording Fee Number 113-138312-649030 On _~ /~.~f~ /~ , ~ The Board of County Commissioners granted final acceptance of the water and/or sewer facilities within the above-referenced project. Attached, please find the following recorded, in order: 1. Utilities Facilities Subordination, Consent and Joinder 2. Bill of Sale 3. Utility Easement 4. Assignment Agreement 5. Utilities Facilities Warranty Deed Also, please find attached the following documents for your files. o 10. 11. Owner's Affidavit Attorney's Affidavit Copy of preliminary approval letter from Engineering Review Copy of letter from Hole, Montes to Ed Ilschner Engineer's final payment confirmation Certification of pressure testing of sewer lines by Engineer of Record Memorandum to Maureen Kenyon, Supervisor, Clerk to Board April 16, 1999 Page Two 12. DER Placement-in-Service letter for sewer facilities 13. Contractor's Final Release of Lien 14. Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) 15. Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements 16. Contractual Guarantee for material and workmanship for a period of at least one year after the Board of County Commissioners' acceptance for both water and sewer facilities 17. Coating certification of man holes, wet wells and dry well from manufacturer 18. Electrical Contractor's certification on Pump Station electric service wire sizing and voltage drop, pursuant to National Electrical Code specification 19. Copy of pump station start-up report 20. Letter from Compliance Services section certifying that the final inspection reveals that the Utility facilities have been constructed in accordance with County ordinances and regulations 21. One copy of utility easement If you have any questions, please call and advise accordingly. attachments doc:2094-2 This instrument prepared by: Mark J. Woodward, Esquire Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, FL 34108 (Rookery Bay) 2463622 OR: 2536 PG: 0170 RECORDED in O~ICIAL RECORDS of COLLIBR COUI{T¥, PL 04/16/I999 at 09:34AM DWIGHT B. BROCK, CLBRK RBC ~]{B 19.50 Re tn: BNGINBBRING RBVIBW $BRVICBH HHIRLBY NIX UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER THI~ SUBORDINATION, CONSENT AND JOINDER given this TOMEN AMERICA INC., a New York corporation, ~-~'day of (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTYAND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "Buyer"). Mortgagee is used as singular and plural, as the context requires. W I T N E S S E T H : WHEREAS, Mortgagee is the owner and holder of that certain Development Mortgage and Security Agreement recorded in official Records Book 2154, Page 350, Public Records of Collier County, Florida, as modified by that certain Future Advance and Mortgage Modification Agreement recorded in Official Records Book 2247, Page 1316, Assignment of Rents and Leases recorded in Official Records Book 2247, Page 1356 and UCC-1 Financing Statement recorded in Official Records Book 2247, Page 1380, all of the Public Records of Collier County, Florida (hereinafter referred to as "Mortgage"), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"). WHEREAS, Buyer has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements or reservations for the installation and maintenance of sewer facility as more fully described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, Buyer has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that Buyer has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinates the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the Buyer in any utility facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any sewer utility facility located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. Page 1 of 2 IN WITNESSWHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the pre~~ Print Name~ Print TOMEN AMERICA INC., a New York corporation By: Name: Title: STATE OF COUNTY OF . The ?~Y ,was acknowledge~ b~fo~e me this ~ day of foregoing instrument 19~.~ by (name), (title) of TOMEN AMERICA INC., a New York corporation, on behalf of the corporation. He is personally known to me and did not take an oath. seal this ~ day of WITNESS my han~ and official ..... , Notar Print~.Name:_ Commition No~ My Commission Expires: (SEAL) JAMES J. McCARTHY NOTARY PUBLIC, State of New Yo;k No, 01MC5071195 Oualified in New York County Term Expires January 6, 199,9 FIDDLERS\UTILITY~UBORD.C_~I( ] 2/10~98 ) Page 2 of 2 OR' 2536 PG: Zu_o o u~z (3°0 7 ,,, b3 ~- z o o u"-) o ,E'2"69E:f 3 ,,OE,/~.00 N o L~ L~ z J r. Dt-- ObJLd c,4~ z i/ 0 ! oo ~ -'r z --% ~g'6g~C · O 3 ,,O~,/cj.00 N z z~ ~z ~z o ~ O0 z ~ ~10 0 < ~ Fo~9 - Rev. 4/28/89 (Bill of Sale) Utilities Acceptance - Doc #320 Rookery Bay This instrument prepared by: Mark J. Woodward, Esquire Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 640 Naples, FL 34108 2463623 OR: 2536 PG: 0174 RECORDED in OFFICIAL R~CORDS of COLLIER COUNTY, 04/I6/1999 at 09'.3{AM DWIGHT E, BROCK, CLERK Retn: BNGII{BBRING REVIEW HERVICES HHIRLHY NIX NXT ~586 BILL OF SALE THIS BILL OF SALE evidencing the sale and conveyanc~of the water and sewer utility facilities described herein is made this // day of December, 1998, by Rookery Bay Services, Inc , a Florida · corporation (hereinafter referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "Buyer"). WITNESS ETH : That said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyer's heirs, successors and assigns forever, all those certain sewer utility facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as utility facilities; that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. IN WITNESS WHEREOF, SELLER has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presenc~ of; /-. ~ Rookery Bay Services, Inc., a Florida corporation By: ard, President Page 1 of 2 STyATE OF FLORIDA 'COUNTY OF COLLIER The foregoing instrument was acknowledged before this .li~ day of December, 1998, by MARK J. WOODWARD, President of Rookery Bay Services, Inc. He is personally known to me and did not take an oath. Prat ~ame: Notary Public Commission No. My Commission Expires: FIDDLEP. SXI3TILITY',,1.;TIL-BIL.,,~;d~(I 2Y 10~8) Page 2 of 2 dX ~ OR. 2536 PG' 0176~ ~~ o~ ~ ~z oz .z ~ ~ ~o o~u ~c o ~ ~ a -- O ~Z O ~ <8~ ~o~ ~1o~ ~ ~o z ~ ~ ~ ~ 0 o. _ ~e~ ~o~ =z~=I ~_o ~z oF,, uI, _j o w /~~ ,,6c:j,6c:j,00 S ,L~'E~ , ,g6'cjcj a ,,Og,/-cj.00 N (.3 o Oww © uJ z ~o Z ,g~'6ggf 3 ,,Og,/_g.00 N Z 'Thi~ ir~ument prepared by: Mark J. Woodward, Esquire Woodward, Pires& Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, FL 34108 Form 7 - Rev. 4/28/89 (Utility Easement Utilities Acceptance - Doc #320 Rookery Bay 2463624 OR: 2536 PG: 0178 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, EL 04/16/1999 at 09:34AM DWIGHT E, BROCK, CLERK REC FEE Retn: ENGINEERING REVIEW SERVICES SHIRLEY NIX EXT 5§H~ DOC-,?O .70 UTILITY EASEMENT THIS EASEMENT, granted this /~ day of '$/~~, 199i by GULF BAY 100, INC, on behalf of itself and as General Partner of GULF BAY 100, LTD., and PARCEL Z, INC., d/b/a 951 LAND HOLDINGS JOINT VENTURE, Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, nonexclusive easement, license, and privilege to enter upon and to install and maintain sewer utility facilities, on the following described lands being located in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: Print N~~~~ Print Name: ./~- ~, ~ e-M / GRANTOR: GULF BAY 100, LTD., a Florida Limited Partnership, by its General Partner: GULF BA~.~0, INC., a Florida corpora ' n Print Na~,~//~F,: Title: PARCEL Z, Inc., a Florida corporation By: ::~:res ide nt D/B/A 951 LAND HOLDINGS JOINT VENTURE Page 1 of 2 '.-STA~E OF FLORIDA COUNTY OF COLLIER No. CC474~16 t~d.,~The foreqoing in.~trpment 3gas~acknowledged before me this ~-/~ ~ay ~_of of GULF BAY~ 100, INC., as General Partner of Gulf Bay 100, on behalf of the corporation. He is personally known to me and did not take an oath. Notary Public Commission No. My Commission Expires: (SEAL) STATE OF oOUNTY OF ~~ The foregoing instrument was acknowledged before me this ~ day of ~, 199~ by TADASHI KOBAYASHI, President of PARCEL Z, INC., on behalf of the corporation. He is personally known to me.~take an oath. Prin~]Name:___ Nota~ .Public Comm~'ssion No. My Commission Expires: JAMES J, McCARTHY NOTARY PUBLIC, State of N~w York No. 01 MC5071195 (~klalified in New York County Term Expires January 6, 1999 (SEAL) FIDDLE RS~UTILITY~UTIL-EAS.2 (12/10/98) Page 2 of 2 OR: 2536 PG: 0180 ~Z *** OR' 253~PG: 0181 ~ o~,.,oo~-~° ~o ~z- ' ~o o~: ~ -<<o:~z~' ~ ~ ~0~ u~O~, ,-- zo ~--z~o ~z ~qo~ ~ OO~z~ ~<. o ~ <~ ~o ~ ' ' ' m~o~ o~z ~ ~-- ~moo~ i~<~<<~ ~u ~ Ow OoIw .~O~%~OOO ~w ~ O~ 0~ x ~ ~'k.. Ld ~- bJ ~XT 5586 2463625 OR: 2536 PG: 0182 RBCORDBD in the OFFICIAL RBCORD$ of COLLIBR COUM?Y, F~. 04/16/1999 at 09:34AM DWIGHT E, BROCK, CL~RK RBC FBB ASSIGNMENT AGREEMENT (Rookery Bay) THIS ASSIGNMENT AGREEMENT made and entered into this (t~ay of --~~ , 199~? by and between the ROOKERY BAY SERVICES, INC., ~ ~1ori~a corporation(hereinafter referred to as "Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTYAND EX-OFFICIO BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee"). WHEREAS, Assignor is the successor Grantee under that certain reservation of easement ("Utility Easement") in those certain deeds recorded at O.R. Book 1008 Page 1876 and O.R. Book 2121 Page 925 of the Public Records of Collier County, Florida concerning certain sewer facility located within the real property referenced in said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, it is necessary that Assignee obtain the rights of Assignor as the successor Grantee in said Utility Easement. NOW THEREFORE WITNESSETH that for and in consideration of the premises and in consideration of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other good and valuable consideration, the parties hereto agree as follows: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as successor Grantee under the Utility Easement referenced hereto and made a part hereof as Exhibit "A". Assignee hereby accepts said assignment. 2) Governing Law. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. 3) ~odification; Additional Assurances. No change, amendment, modification or cancellation of any part of this Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. 4) Binding Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assigns. 19.50 The foregoing Assignment Agreement was sworn to and subscribed before me by Mark J. Woodward, President of Rookery Bay Services, Inc. who is personally known to me. qWITNESS my hand and official seal this l~ day of C~% .... ~ 199~. ' No~taryUPublic Print Name: My Commission Expires: (SEAL) IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written. ASSIGNOR: Attest: ROOKERY BAY SERVICES, INC. By: Ma STATE OF FLORIDA COUNTY OF COLLIER The foregoing Assignment Agreement was sworn to and subscribed before me by Mark J. Woodward, President of Rookery Bay Services, Inc. who is personally known to me. WITNESS my hand and official seal this f~ day of ~'~. ~ NcgtaryUPublic Print Name: My Commission Expires: (SEAL) This instrument prepared by: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, Florida 34108 (941) 566-3131 FIDDLER. S\UTILIT Y~,SGMT-AG.98 (12/10/98) I~ ~ I~ C OR: 2536 : O1 oE ~ O~o ~ ~ .,. 0O, ~ ~ o~ ~z ~Z ~z ~o~ z~ ~ ~o o , -~ =8=~9~~ °o~ o~ ~ ~ z ~< '~" ~ ~o~'~ o~ ~ o~ z . ~o ~ ~z~ <~ ~o~ ~0~ 3 ,,OE,/_cj.00 N Z _J 0 3 ,,O~',/-g.00 N z -J z ~ Lm Fo.r~ 8 - Rev. 4/28/89 (Warranty Deed) Utilities Acceptance - Doc #320 Rookery Bay This instrument prepared by: Mark J. Woodward, Esquire Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, FL 34108 2463626 OR: 2536 PG: 0186 Rtt~: 19.50 DOC-.70 ,70 UTILITY FACILITIES WARRANTY DEED THIS INDENTURE made this li4 day of December, 1998, between Rookery Bay Services, Inc., a Florida corporation (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "Grantee"). WITNES SETH : That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all sewer utility facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) and said Grantor does hereby fully warrant the title to said utility facilities, and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A". Grantor and Grantee are used for singular and plural, as context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: Print Name: Print: Name: Rookery Bay Services, Inc., a Florida Corporation By: · Woodward, President Page 1 of 2 · STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this . I ~ day of December, 1998, by MARK J. WOODWARD, President of Rookery Bay Services, Inc. He is personally known to me and did not take an oath. Notary Public Commission No. My Commission ~/DDLERS\UT~ rr Y%UT~WD( 12/1 Page 2 of 2 OR: 25~6 PG: 0188 ~J Z U~ uJ ,,6C3,6g.00 S ,L' 'C3C363 ,,O~,Z. c3.00 N o uJIO o ~x Iz~ :' t"'4 5~ Jz-~ · -": I~o Z r~' W o~ oz z_JW o~. u Oz_m U03 bJ <o~ u ~o z~J h o~ o o~-~j ~, <~o~ o T ~P- 0 ,.__ .~ LUg'-0 .. a OwO~ 0.2~ od ~j -- hiZ ~oo~Z,,,z~ < *** OR' 2536 PG, 0189 o _o ~_z o o ~.1 o · ~z " z~o ~ OWU~ 0~ ~d ~zz .~ zz o~ ~o . ~z~ o< ~0 ~0~' 3 ,,0~,/~.00 N z L~ ~z~ I I ~ °~ I~'~ ooo I F ~ ~'.ZZ Z I I gig m ~ I~ ~1~ z ~ooo I~ ~1~ ~ Form ~ - Rev. 4/28/89 (Owners ~ffidavit) Utilities Acceptance Doc #320 Rookery Bay This instrument prepared by: Mark J. Woodward, Esquire Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, FL 34108 OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER On this day of~, 199 before me personally appeared Aubrey J. Ferrao, President of GB 100, Inc., a Florida corporation, General Partner of GB 100, Ltd., a Florida Limited Partnership, and Parcel Z, Inc., a Florida corporation, d/b/a 951 Land Holdings Joint Venture, owner of property and to me personally known (hereinafter "Affiant"), who, being duly sworn on his oath, did say that all of the persons, firms, and corporations, including the general contractor and all subcontractors, who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction or repair of sewer utility facility on the real estate hereinafter described, have been paid in full and that such work has been fully completed and accepted by the owner. Affiant further says that no claims have been made to the Owner by, nor is any suit now pending on behalf of, any contractor, subcontractor, laborer or materialman, and further that no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility facilities placed upon or installed in the aforesaid premises. Affiant further says that the utility facilities described herein are not included in, encumbered by, or subject to any real property mortgage, chattel mortgage, security agreement, Uniform Commercial Code financing statement, or any other encumbrance, except by such mortgages and encumbrances which are being subordinated in conjunction with the conveyance to Buyer (as defined below). Affiant, as and on behalf of the owner of the subject utility facilities, does for valuable consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District ("Buyer")harmless against any lien, claim or suit by any general contractor, subcontractor, mechanic or materialman, and against chattel mortgages, security interests or repair of the subject utility facilities. Affiant is used as singular or plural, as the context requires. The utility facilities referred to herein are located with the real property described in the attached Exhibit "A". GB 100, LTD., By: GB ~0, INC., it~ General By: ~bre? Ferrao, President PARCEL Z, INC. T. Koba~shi, President Page 1 of 2 -~TATE. OF FLORIDA COUNTY OF COLLIER ~f The foregoing instrument was acknowledged before me this /~ ~~Z,~Z/ 199~, by AUBREY J. FERRAO, President of GB 100, Inc., a corporation, as General Partner of GB 100, Ltd., a Florida Partnership. He is personally known to me and did take an oath. day of Florida Limited Notary Public Commission No. My Commission Expires: (SEAL) STATE OF ~ ' COUNTY OF ~. ~ ~A~ The foregoing instrument was acknowledged before me this ~4~b~, 199~,~ ~y T. KOBAYASHI, President of Parcel Z, Inc., corporation. He is personally known to me and did take an oath. Prin~/Name: ~ Nota~ Public CommiJ~sion No. My Commission Expires: day of a Florida JAMES J. McCARTHY NOTARY PUBLIC, Sram of New York NO. 01MC5071195 Oualified in New York Cour~ty Term Expires January 6, 1999 (SEAL) FIDDLERS%UTILIT~UTIL-OWN.AFF(12/10/98) Page 2 of 2 · oX o ~ ~ o~~ O0 '~ ~ ~c ~ ~Z O. O~Z 0 ~ 0 z m w Ow oo~w .CwwO~00~ ~w ~ ~o O~w ~ 0 o~ ~ 0 iDI _ / ......... _ o Z <I: . ~,~'~ W Z ~- 0~ z ~ I 0 ,~'6g~ ~z ..ZZ ~oo ~ o u'3 o ,~':Z 3 ,,O~:,/c:j. OO N -,.JO U 0 0 0 ~-ZzO L~OUJ mt--m O~ a~z o_O (..)Ok-- I--- ©~bZ 0... ~ U~ o (D 0 Z z ~zz o~ ooo ~o~ z 31[ This instrument prepared by: Mark J. Woodward Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, Florida 34108 (Rookery Bay) ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER ON THIS ll ~ day of December, 1998, before me personally appeared ANTHONY P. PIRES, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is 801 Laurel Oak Drive, Suite 710, Naples, Florida 34108, (941) 566-3131 (hereinafter "Affiant"), who, being duly sworn on his oath does say: 1. This Affidavit is given as an inducement to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as the "Board") to accept the conveyance ~r~utility facilities located within or upon the real property described in the attached Exhibit "A", said land being located in Collier County, Florida. 2. The Affiant has examined record title information to both the real and personal property referenced in this affidavit, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. 3. The record fee owner of the real property described herein is Gulf Bay 100, Inc., f/k/a 559 91st Avenue, Inc., a Florida corporation and Parcel Z, Inc., a Florida corporation, d/b/a 951 Land Holdings Joint Venture, a Florida General Partnership (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded at Official Records Book 1911, at Page 144, Public Records, Collier County, Florida (copy attached hereto as Exhibit "B"). The Affiant has examined the 951 Land Holdings Joint Venture Agreement, and has determined that the Joint Venture is current and active within the State of Florida, that the Joint Venture is currently authorized to do business in the State of Florida, and that Aubrey J. Ferrao, as President of Gulf Bay 100, Inc., a Florida corporation, which is the General partner of Gulf Bay 100, Ltd., and Tadashi Kobayashi as President of Parcel Z, Inc. are authorized to execute all instruments (Easement and Owner's Affidavit) on behalf of the Joint Venture in conjunction with the conveyance of the subject real property. 4. Affiant further states that the subject real property is encumbered of record as follows: 1.) Development Mortgage and Security Agreement in favor of Tomen American, Inc., recorded in official Records Book 2154 at Page 350, as modified by that certain Future Advance and Mortgage Modification Agreement recorded in Official Records Book 2247 at Page 1316, all of the Public Records of Collier County, Florida. Page 1 of 2 2.) Assignment of Rents and Leases in favor of Tomen America, Inc. recorded in Official Records Book 2247 at Page 1356, Public Records of Collier County, Florida. 3.) UCC-1 Financing Statement in favor of Tomen America, Inc. recorded in Official Records Book 2247 at Page 1380, Public Records of Collier County, Florida. A copy of the above-referenced instrument is attached hereto and by reference made a part hereof. 5. The owner and installer of the personal property described herein and constructed within the real property described in Exhibit "A" is Rookery Bay Services, Inc., a Florida corporation (hereinafter "Rookery Bay"). Rookery Bay is current and active within the state of Florida and Mark J. Woodward, as President of Rookery Bay Services, Inc., is authorized to execute all instruments (Bill of Sale, Utility Facilities Warranty Deed and Assignment Agreement) on behalf of the corporation in conjunction with the conveyance of the subject personal property. 5. Affiant further states that the information contained in this Affidavit is true, correct and curre~ a~/~.ate this Affidavit is given. Anth STATE OF FLORIDA COUNTY OF COLLIER The foregoing Attorney'.~Affidavit was sworn to and subscribed before me this /1~ day of December, 1998, by Anthony P. Pires, who is personally known to me and who did take an oath. WITNESS my hand and official seal this //~ day of ~~ , 1998. (SEAL) ~ ~ :*~ ~ CO~l~l~ ~ CC~7~ EXPIRES ' ,,~,~ e0~ED ~U ~ FA~N ~, ~. My Commission Expires: FIDDLERS\LrrILITY~ATT-A~F.98( 12/1 o/9g) Page 2 of 2 Z~- O< TU (D Ob~b~ 0 z o z Z ~ Z zZ< I,IZz L~ LL LL 000 -J O- CL EL z oo ~-.~ i,i o L~ o 0 ~"~ W r~ e --r- ..~ {.~ ZCD ~:'Z _Oo (j LL _.i r.,O >-- L~. I--" 0 i.,,J n~ L~ W Z bJ U UJ o ~o ~u ,,o~,zg.oo ~-uJ O< .~_ ~j~- .J o~ TU z N Z COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Planning Services Department 2800 North Horseshoe Drive Naples. Florida 34104 ENGINEERING REVIEW SECTION February 16, 1999 Terry, Cole Hole, Montes & Associates 715 l0th Street S. Naples, FL 34102 Re: Rookery Bay Pump Station Dear Mr. Cole: This is to inform you that the above referenced project has been granted preliminary approval by Engineering Review in compliance with Collier County Land Development Code, Section 3. All water and/or sewer facilities approved, accepted and required to be maintained by Collier County shall be conveyed to the County pursuant to the provisions set forth in Collier County Ordinance No. 97-17, as amended. You are reminded that it is your responsibility to petition the Development Services Director for final approval of the improvements upon the expiration of the minimum one (1) year maintenance period. After satisfactory completion of all final inspections., the Board of County Commissioners shall grant final approval of the required improvements establishing County responsibility for maintenance of the required improvements if it is the Board's desire to accept and maintain the facilities. If you should have any questions or if we may be of assistance, please advise. Very truly yours, · ~-.-.' ~.~,.//:.sr:' - _ /~_.-~. ~p.' ,/'" En~i~eerin~ T¢c~ician H CC~ Ed Finn, Interim Wastewater Director Cindy Erb, Public Works Phone (941) 463-2400 Fax (941) 643-6968 www. co. collier. fl.us Preserving and enhancing Florida's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS December 14, 1998 Mr. Ed Ilschner Public Works Administrator Collier County Public Works Engineering Department Building H, 3rd Floor 3301 Tamiami Trail East Naples, Florida 34112 SUBJECT: Rookery Bay Services Pump Station HMA File No. 97.37 Dear Mr. Ilschner: Per our discussion on warranties, I may have been premature. I was later referred to Paragraph 9(b)(4) of the Purchase and Sale Agreement, which states that Purchaser accepts the Additional Facilities (pump station) in "as is" condition and without warranties from Seller. It also states that Seller will assign to Purchaser all its rights or warranties under design or construction contracts. Therefore, the standard contractor supplied warranty will be assigned to the County Water-Sewer District. By the Agreement, no maintenance security will be provided by RBS. Attached is a copy of the referenced paragraph. At this time, the pump station start-up has been completed and close-out documents are being executed. FDEP certifications are also being completed to place the pump station in service. Our best estimate is that a closing to transfer the RBS facilities and the pump station to the County will be approximately the second week of January. You should prepare your financial arrangements for around that time. 715 TENTH STREET SOUTH POST OFFICE BOX 1586 NAPLES, FLORIDA 34106 941-262-4617 FAX 941-262-3074 Mr. Ed Ilschner Rookery Bay Services Pump Station HMA File No. 97.37 December 14, 1998 Page 2 If you have any questions, please give me a call. Very truly yours, HOLE, MONTES AND ASSOCIATES, INC. Thomas M. Taylor, P.E. President/C.E.O. TMT/dj Attachment Mark Woodward, Esquire, w/attachment Mark Strain, w/attachment Joe Parisi, Esquire, w/attachment Jack McKenna, w/attachment Terry Cole, w/attachment \kHMA_NAPLES\WP\1997\ 1997037\TMT~I81214.doe Preserving and enhancing Flodda's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS December 23, 1998 Ms. Shirley Nix Collier County Project Review 2800 North Horseshoe Drive Naples, FI 34104 Re: Rookery Bay Services Pump Station HMA File No. 97.37 Dear Ms. Nix: This letter will serve to notify you that we have been paid for all currently billed engineering and surveying services. Very truly yours, HOLE, MONTES AND ASSOCIATES, INC. Senior Associate WTC:kc \\Hma_naples\WP\ 1997\1997037\wtc\sn81223a.doc 715 TENTH STREET SOUTH POST OFFICE BOX 1586 NAPLES, FLORIDA 34106 941-262-4617 FAX941-262-3074 HOLE. ONTES & ASSOGIATES, INC. ENGINEERS - LAND SURVEYORS 715 TENTH ST SO. NAPLES, FL 33939 ~YDROSTATIC TESTING Engineer's Project Number: Date of Test: Test Pressure: ( ( ( ( ( ( ( CALCULATION OK.ALLOWABLE LEAKAGE PER ONE HOUR; (Len of pipe) x (diam. of Pipe) x SQR(Test Pressure) / 133200 - feet) (in inches) ~' ) x ( /O ) x SQR(/oo) /-133200 ) x ( ) x SQR( ) / 133200 ) x ( ) x SQR( ) / 133200 ) x ( ) x SQR( ) / 133200 ) x ( ) x SQR( ) / 133200 ) x ( ) x SQR( ) / 133200 ) x ( ) x SQR( ) / 133200 ) x ( ) x SQR( ) / 133200 ~ESULTS OF TEST; Length of Test Pressure at Beginning of test: Pressure at End of test: Total gallons Allowable Leakage Amount of water required to bring Pressure up to beginning pressure: Engi~er Contractor fIHA FORH 110-I. DTD 2 NOV 1987 Domestic Wastewater Collection/Transmission Systems Certification of Completion of Construction INSTRUCTIONS: This form is to be_ completed and submit!.ed to the Department, prior to placing the system into operation. A collec- tiorVtransmission system should not be placed into operation without prior Depaccnent approval. All intormr, tion is to be typed or printed in ink and all blanks must be filled. Construction Permit No.: 52258.027-Dt:.~C Name ol Project: Rookery Bay - CS Modification Name of Owner: Rookery Bay Services, Inc. Dated: 8/25/98 Name of design engineer and Florida registration number (if different from engineer signing certification): Date(s) of connection to existing .system or treatment-plant: Treatment plant se~ing project Name: South Regional ~dTP County: Col,],ier ~ity: DER identification number (also k.'~own as GMS identification number): Substantial deviations from the approved plans and sp~ifications (attach No substantial deviations - see record drawin January 1999 W*ples if required}: RbCEIVED JAN tz~1999 WASTEWATER DEPARTMEN; ~AIVE~ OF 9.3 KNOW ALL MEN BY THESE PRESENTS, that as Vice President , of Guymann for and in consideration of Ten Dollars Fred Russell lo. oo and other good and valuable considerations, lawful money of the United States of America, to me in hand paid, the receipt whereof is hereby acknowledged, does hereby waive, release, r~miss, and relinquish any and all right to claim any lien or liens for work performed or mtertal furnished, or any kind or class of lien whatsoever on the following descripted property: Rookery Bay Services Wastewater Collection System Modifications. SWORN TO and subscribed before me, this 19 98 MY COMMISSION EXPIRES: Guymann Construction Of Florida, I'nc 5686 Youngquist Road Fort Myers, F1 33912 NAME & ADDRESS~._FIRM OR CORPORATION BY: _ AUTHORIZED REPRESENTATIVE Fred Russell, Vice President 17 day of December , j (NOTARY PUBLIC) /Beverly R. Harris 1-16-00 (DLCU:ENG) (SEAL) 9-4 1941262307A HOLE ~ONTES BID SCI~,DULE OP FLO~:.A, 5686 Ycungquist Rc FORT MYERS. ROOKERY BAY SERVICES WASTEWATER COLLECTION SYSTEM MODIFICATIONS DESCRIPTION Cut-in I 0" Plug Valve & Plug Cut-in I0" x 10" x I0" Wye 16" x 16" x 10" Tapping Sleeve & Valve ~ODIl¢C~IOI1 UNIT QUANTITY UNIT TOTAL PRICE PRICE EA I EA 1 EA 1 5. 6. 7. 8. 9. 10. 11. 12. 13. C, ut-in 4" Check Valve/Cover Cut-in 2" Check Valve/Cover Sewage ARV Pump Station (8-ft dia) ]. 0" Force Main - DR 14 (2learing & Grubbing Final Grading/Fill I.,andscaping/InSgation/Sod Fencing I 0" Plug Valve P-2 Preserving and enhancing Florida's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS December 23, 1998 Ms. Shirley Nix Collier County Project Plan Review 2800 North Horseshoe Drive Naples, Florida 34104 Re: Rookery Bay Services Pump Station HMA File No. 97.37 Dear Ms. Nix: I hereby state to the best of my knowledge and ability that wastewater collection system is located in the easements which are submitted as part of the conveyance package. Very truly yours, HOLE, MONTES AND ASSOCIATES, INC. W.~/'~.E. Senior Associate WTC:kc \\Hma_naples\WP\ 1997\ 1997037\wtc\sn 81223b.doc 715 TENTH STREET SOUTH POST OFFICE BOX 1586 NAPLES, FLORIDA34106 941-262-4617 FAX941-262-3074 W A R R A N i Y work execuI;e¢l t)y l;hp Cr)lll. raf:l:or' ....... Gu~mann Rook~er_~ B~y Servlces Wastewater CoZZecCion System Nod&flcations [p I)e free from defe(:l;s nf mal. erialg allrt workmar~sl~il> (',~ period of one yea~ from dal:~ of accepLancp by OoZZ~e~ County Utilities fl~e undersiqned parl:ie~ f~rlh~r aqr'e~~ l. hal. t.l~y will, al ~h~,i,' own expense, repair and r'{,I) lace all s~(:h (Ip[o(:l. ivr, wor'k and other work damaged by sai<l rlfre( live work tipflat l, hi~ Guaranty. It is Furthermore m~lderst:oo{I thai t.h¢, the contract wa~ let. thai' $~ Fh warr'a.ty anrt/r~r (l~lnr'ant. v ~,, be g i yen. I)AIF' December 17, 1998 _ Guymann~ Construction Of Florida Inc. --~red Ruose11, Vice President Subscribed and swor. to before me !.his 17 day of December , 199 8 . Harris 1-16-00 ~.~DEC ~' '98 '0~:'04PM GCYM~H~ COMSTRUCTIOM ......... C~I A. Lquidara. Pr~-idc-n£ 4461 Hancock Bridge PnzL'~ay * Nth.~:Ft ~yezs, FL 33903 ~ 941-997-6645 * ;941-997-7117 PAX · _c ~ '~ 05:07PM ~UYM~NN ~-'~$TRUCT~ON _ P.~ Serving, $. W, Florida Since 1976 P.O. Box 189, Fort Myers, Florida 33902 Fax # 693-1292 December 17, 1998 Guymann Construction 5686 Youngquist Road Fort Myers, Florida 33912 Attention: Pre8 Russell The electrical wiring for lift station at Rookery Bay is in accordance to plans and specifications supplied. Also, meets N.E.C. standards in effect at this date. Yours truly, Robert D. Lee President/Owner Bob Lee Electrfc Inc. RDL/sl [] 2152 SPRINT BLVD. APOPKA. FL 32703 (407) 886-3131 DIVISION OF ELLIS K. PHELPS & CO. RESPOND TO; [] 1100 53RD COURT SOUTH MANGONIA PARK WEST PALM BEACH, FL 33407 (561) 840-2299 5661 DIVISION DRIVE FORT MYERS, FL 33905 (941) 693-5226 PUMP STATION START-UP REPORT JOB NAME ROOKERY BAY OPERATOR LOCATION OF INSTALLATION Naples, FL CONTRACTOR Guymann Construction DESIGN CONDITIONS: GPM__ PUMP MODEL CP3152 H.P. 20 IMPELLER 434 VOLTAGE 230 SERIAL NUMBER ~1 181-9810426 #2 181-9810424 ~3 MANUFACTURER OF CONTROL OVERLOAD HEATER ~ ALTERNATOR TESTED YES COMMENTS: 124 AIRPORT PARK DR. SAVANNAH, GA 31408 (912) 966-1866 Collier County #4 QCI SERIAL ~ 10-98-40 TDH CC87.7 L/A CONNECTED NO Meter #6J5867 PHASE 3 YES GROUND CONNECTED All controls operate good. Pumps sound good. MEGGER CHECK ~1 INF RED INF BLACK INF WHITE ~2 INF RED INF BLACK INF WHITE ~3 RED BLACK WHITE #4 RED BLACK WHITE VOLTAGE CHECK: CONTROL CIRCUIT PRIMARY A to B 246 A to G 123 AMPERAGE CHECK: ~1 43 A #2 45 A 43 B #3 A B TO GROUND N/A SECONDARY B. t~ C 244 A to C 243 B to G 123 A to G 210 42 B 39 C PHASE 40 C PHASE C PHASE PUMPS SEATED PROPERLY YES OPERATOR HAS RECEIVED INSTRUCTION MANUAL FIELD TEST PERFORMANCE TEST: #1 688 GPM TDH #2 720 GPM TDH BOTH GPM TDH GPM TDH #4 GPM TDH BOTH GPM TDH I certify this report to be accurate: ~ / ~ Official Start-Up Date: 12/9/98 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION Mr. Terry Cole Hole, Montes & Associates 715 i0~ Street South Naples, Florida 34102 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 RE: Rookery Bay Services Wasewater Collection System Dear Mr. Cole: A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering Review Section of the Planning Services Department on December 30, 1998. Conditions were found to be acceptable, and appear to meet County Standards. If you should have any questions, please do not hesitate to call Randy Casey at (941) 403-2418 or Clyde Fugate at (941 )403-2417. Sincerely, Ciy/de~ugate ~ Engineering Inspection Supervisor CF/rc/mk/f:\Inspection form cc: Cindy Erb, Senior Engineering Technician, Public Works Timothy L. Clemons, Wastewater Director, Utilities Evelyn Ferguson D.O.R. 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