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Glen Eagle, Phase 3, Harvard CtMEMORANDUM DATE: TO: FROM: RE: March 31, 1999 Maureen Kenyon, Supervisor, Clerk to Board Shirley Nix, Engineering Technician II~ Project Plan Review Glen Eagle, Phase 3, Harvard Court Water and Sewer Facilities Acceptance Recording Fee Number 113-138312-649030 Also, please find attached the files· granted 'fi~~ ~ The Board of County Commissioners 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 Bill of Sale Utilities Facilities Warranty Deed following documents for your 10. Owner's Affidavit Attorney, s Affidavit Copy of preliminary approval Review letter from Engineering Engineer, s final payment confirmation Certification of pressure testing of water Engineer of Record Certification of pressure testing of Engineer of Record Bacteriological clearances (DER water facilities lines by sewer lines by certification) for Memorandum to Maureen Kenyon, Supervisor, Clerk to Board March 31, 1999 Page Two 11. DER Placement-in-Service letter for sewer facilities 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Contractor's Final Release of Lien Lab results on bacteriological test for water lines Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements 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 Payment of water usage, laboratory and administrative charges for filling, flushing and bacteriologically certifying water lines from invoice prepared by the Utilities Division Letter from fire district regarding ownership and maintenance of fire hydrants and certification of field fire flow capacity testing Certification of the inflow/infiltration test for the sewer lines by Engineer of Record Coating certification of man holes, wet wells and dry well from manufacturer Electrical Contractor's certification on Pump Station electric service wire sizing and voltage drop, pursuant to National Electrical Code specification Copy of pump station start-up report Copy of video tape test report 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 Memorandum to Maureen Kenyon, Supervisor, Clerk to Board March 31, 1999 Page Three 25. One copy of the recorded plat 26. One set of record drawings, signed and sealed by the Engineer of Record If you have any questions, please call and advise accordingly. attachments doc:2094-2 0 -4 t'..;~ FJ f.3 F.:i F3 t'...'i '0 03 r~l t'3 ~ I~ 0 ---J m THt:. PR NT SHOP 1941 775-3553 m O' mit L"~t '~'I. ~..! II C::. O ii Z -..J ~.-~ It "H" 3:;, "n b-'J ii -< 0 tl I'T'I 3[I. -ri It r~l a"Jm H i~ [.rj ~--~ r- 1t I.-I 0 m--4 11 m~ m 11 Z H Dec-22-98 11:32A Burzynski & Pfeuffer 941 434 8695 P.O3 2458230 OR: 2531 PG: 2227 RECORDED in 0~FICIAL RECORDS of COLLIER COUNTY, ~L 04/06/1999 at 09:26AM DWIGHT E. BROCK, CLERK BEC ~EE 15.00 Retn: ENGINEERING REVIEW SERVICES SHIRLEY NIX FACILITIES SUBORDINATION, CONSE~ A~rD JOINDER ~I~S,SUBO~R~ INATION, CONSENT AND JOIN/DER given this ~_.~-~ day of , OHIO SAVINGS BA/~K (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUlgTY CO~ISSIONERS OF COLLIER COUNTY, FLORIDA, AS 77{E GOVERNING BODY OF COLLIER COUNTY A/~D AS EX-OFFICIO THE GOVERNING BOkRD OF THE COLLIER COU~Y WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "County"). Mortgagee is used as singular or 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 Mortgage and Security Agreement from TRA/gSEASTERN PROPERTIES, INC., a Florida corporation, by instrument dated Noven%ber 28, 1997 and recorded Dece~%ber 1, 1997 at O.R. Book 2367, Page 47, et. seq., of the Public Records of Collier County, Florida, encur~bering the land therein described, (hereinafter referred to as the "Encu~%bered Property"). WHEREAS, County kas requested and received from the Zee simple owner o~ the Encumbered Property non-exclusive easements for the installation and maintenance of utility facilities over and across a portion of the encu~Dered premises legally described in Exhi. b~t "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has in the easement Property to which request Mortgagee has agreed. NOW, T~EREFORE, 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 subordinate ~he 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 County in any utility facilities Dec-22-98 11:32A Burzynski & Pfeuffer 941 434 8695 OR: 2531 PG: 2228 P. 04 located therein or affixed thereto, except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilities located therein or a~fixed thereto, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. WITNESSES: STATE OF COUNTY OF OHIO~ BY: / (CORPORATES.~AL)~ Q,~2The foregoes ^~ts.~r~ument was acknowl~e~,d befure me~_this '. ~a~,gf. 'J~O;]'k~V , 1998, by ~S ~j.~/~'~ ' of OHIO SAVINGS B~, '0n behalf of the co~oration, who is personally ~own to me.~ (SEAL) N~a~y ~blic ' Print Name My Co~ission Expires: Prepared By: Daniel"A. Burzynski, Esquire Burz~ski & Pfeuffer 1124 Goodlette Road Naples, FL 34102 D~c-22-9~ 11:32A Burzynski & Pfeuffer 941 434 8695 *** OR: 2531 PG: 2229 P .05 EXHIBIT "A" Tracts "A" and "AA", or' GLEN EAGLE GOI.F & COUNTRY CLUB. PIIASE THREE, per Plat recorded in Plat Book 30, Pages 21-23, of the Public Records of Collier C. ounty, Florida. 2458231 OR: 2531 PG: 2230 RECORDED iD O~FICIAL RECORDS of COLLIER COUNTY, FL 04/06/1999 at 09:26AM DNIGHT ~. BROCK, CLERK Retn: HGIN~RING R~VI~W $~RVIC~S SHIRLEY NIX BILL OF SALE THIS BILL OF SALE evidencing the sale and conveyance of the water and sewer utility facilities described herein is made this ~ day of ~/~"e~-4---> , 1998, by TRANSEASTERN PROPERTIES, INC. (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 COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Buyer"). WITNESSETH: 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 water and 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. TRANSEAST~ PJ~O~ERTIES, INC., ,~ ....... .-, a Florida c/o fl/]~o~ ratJor~ /// V~i~ess 1 ~ ~- AR~ ~ or Print ~e:~L ~-,~ ~President ~itness 2 ~ l T~e or Print Name: ~:~ (CORPORATE SEAL) OR: 2531 PG: 2231 STATE OF FLORIDA COUNTY OF BROWARD THE FOREGOING INSTRUMENT was acknowledged before me this ~-~ day of ~z_~,. 1998, by ARTHUR J. FALCONE, as President of TRANSEASTERN PROPERTIES, INC., a Florida corporation, on behalf of the corporation, who is personally known to me or who has produced/D,~'k~Z~ ,'~/O~r'~c~ E. , as identification. This Instrument Prepared By: DANIEL A. BURZYNSKI, ESQUIRE BURZYNSKI & PFEUFFER 1124 Goodlette Road Naples, Florida 34102 N~ARY PUBLIC (SEAL) Type or Print Name: Serial Number (if any): My Commission Expires: JILL A SLIWA My Comrnl~ion C0463677 {~ncledExpires M"Y.by AN814, 1999 *** OR: 2531 PG: 2232 *** EXHIBIT "A" Tracts "A" and "AA", of GLEN EAGLE GOLF & COUNTRY CLUB, PHASE THREE, per Plat recorded in Plat Book 30, Pages 21-23, of the Public Records of Collier County, Florida. 2458232 OR: 2531 PG: 2233 RECORDED in OFfICIAl, RECORDS of COLLIER COUNTY, 04/06/1999 at 09:26AM DWIGHT E. BROCK, CLERK REC FEE Retn: BNGIREERING REVIEW SERVICES SHIRLEY RIX EZT 5586 DOC-.70 15.00 .?0 UTILITY FACILITIES WARRANTY DEED THIS INDENTURE made this ~¢~ day of .d/~?;~';,q~dr~' , 1998, between TRANSEASTERN PROPERTIES, INC., a Florida corporation 3300 University Drive, Coral Springs, FL 33065 (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") WITNESSETH: 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 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 water and 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 or plural, as context requires. 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, Grantor has caused these presents to be executed the date and year first above written. W4fn~ ss 1 T~vod or Print Name: T~e or Print Name: TRANSEAST~ a Florida co/~ BY: ~ ARTHU1 PI ~PERTIES, INC., ~LCONE, President (CORPORATE SEAL) OR: 2531 PG: 2234 STATE OF FLORIDA COUNTY OF BROWARD THE FOREGOING INSTRUMENT was acknowledged before me this ,.~5' day of L-~2~,'~/~,-4_998, by ARTHUR J. FALCONE, as President of TRANSEASTERN PROPERTIES, INC., a Florida corporation, on behalf of the corporation, who is personally known to me or who has produced .~/~-~E:f-:~ /-'/c'~/,/~ , as identification. This Instrument Prepared By: DANIEL A. BURZYNSKItESQUIRE BURZYNSKI & PFEUFFER 1124 Goodlette Road Naples, Florida 34102 NO, ARY PUBLIC ,~ (SEAL) Type or Print Name: Serial Number (if any): My Commission Expires: *** OR: 2531 PG: 2235 *** EXHIBIT "A" Tracts "A" and "AA", of GLEN EAGLE GOLF & COUNTRY CLUB, PHASE THREE, per Plat recorded in Plat Book 30, Pages 21-23, of the Public Records of Collier County, Florida. OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned authority, personally appeared ARTHUR J. FALCONE, as President of TRANSEASTERN PROPERTIES, INC. who to me is well known, and having been duly sworn and under oath, deposes and states: 1. My name is ARTHUR J. FALCONE, I am over the age of twenty-one (21) years, am sui juris, and have personal knowledge of the facts contained herein. 2. TRANSEASTERN PROPERTIES, INC. is the owner of said real property located in Naples, Collier County, Florida and legally described on Exhibit "A". 3. All 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 water and sewer utility facilities on the real estate hereinafter described, have been paid in full and that such work has been fully completed and accepted by the owner. 4. 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. 5. The utility facilities described herein are encumbered of record in that certain Mortgage in favor of Ohio Savings Bank, dated November 28, 1997 and recorded December 1, 1997 in Official Records Book 2367, Page 47, of the Public Records of Collier County, Florida. 6. 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 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 within the real property described in the attached Exhibit "A". FURTHER AFFIANT SAYETH NAUGHT. DATED this O ~/ day of/~fi~-'2--'j~' , 1998. Witness 1 Type or Print Name: l.g:~,.. ~/0l'~'.~(d-g [&,.. s2 Type or Print Name: %d,// '-~'d ~'-o',4 TRANSEAST~ff~ PR( iil:orida c~~ , INC., ~CONE, President (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF BROWARD SWORN TO AND SUBSCRIBED before me this'~-'~ day ofd~/~-~; 1998, by ARTHUR J. FALCONE, as President of TRANSEASTERN PROPERTIES, INC., a Florida corporation, on behalf of the corporation, who is personally known to me or who has produced ~/~ ,~/~,~ t. lc'~: ~-~ ~'_ , as identification. This Instrument Prepared By: DANIEL A. BURZYNSKI~ESQUIRE BURZYNSKI & PFEUFFER 1124 Goodlette Road Naples, Florida 34102 y~peARY PUBLIC (SEAL) or Print ~Name: Serial Number (if any): My Commission Expires: EXHIBIT Tracts "A" and "AA", of GLEN EAGLE GOLF & COUNTRY CLUB, PHASE THREE, per Plat recorded in Plat Book 30, Pages 21-23, of the Public Records of Collier County, Florida. ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME the undersigned authority, personally on this (~U/t day of ', 19 ~, appeared WILLIAM A. PFEUFFER who to me is well known, and having been sworn and under oath, deposes and states: 1. My name is WILLIAM A. PFEUFFER, I am over the age of twenty-one (21) years, am otherwise sui juris, and have personal knowledge of the facts contained herein. 2. I am a licensed attorney, Florida Bar # t~ 7~ 602 6, authorized to practice law and am practicing law in the State of Florida. My business address is 1124 Goodlette Road, Naples, FL 34102. My business telephone number is (941) 434-8557. 3. This Affidavit is given as an inducement 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 to accept the dedication or conveyance of water and sewer utility facilities located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier County, Florida. 4. 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. 5. The record owner of the real and personal property described herein is TRANSEASTERN PROPERTIES, INC., a Florida corporation (hereinafter "Owner") . The Owner acquired record title to the subject real property by instrument recorded at Official Records Book <;5~.~,~'7, at Page ~' , Public Records, Collier County, Florida (copy attached) 6. Affiant has examined corporate information obtained from the State of Florida, under which the entity was created and presently operates, that the entity is current and active within said State or jurisdiction, that the entity is currently authorized to do business in the State of Florida, and that the name and title of the persons authorized to execute the instruments on behalf of the entity in conjunction with the conveyance of the subject real and personal property are as follows: Arthur J. Falcone, President. 7. The Affiant states the subject real and personal property is encumbered of record in that certain Mortgage in favor of Ohio Savings Bank, dated oq~b-7 and recorded in /it:'7 , of the Public Records of Collier County, Florida (copy attached). 8. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. FURTHER AFFIANT SAYETH NAUGHT. DATED this ~ day of ,1998. t Affiant Signature , ~/ ~'X~-~"; ._~ Type or Print Same:(~L,,X,xtc~'~'},N~ ~V~7,~ k'~' STATE OF FLORIDA COUNTY OF COLLIER 1998, by WILLIAM A. PFEUFFER, who is _personally known to ~e or who has produced , as id~ntiticatlon. This Instrument Prepared By: DANIEL A. BURZYNSKI ESQUIRE BURZYNSKI & PFEUFFER 1124 Goodlette Road Naples, Florida 34102 NOTARY PUBLIC (SEAL) Type or Print Name: Serial Number (if any): My Commission Expires: EXHIBIT "A" Tracts "A" and "AA", of GLEN EAGLE GOLF & COUNTRY CLUB, PHASE THREE, per Plat recorded in Plat Book 30, Pages 21-23, of the Public Records of Collier County, Florida. Parcel Identification Numbs: Crary N. Oerson, Esquire Nason, Yeager, Gerson, White & Lioce, P.A. 1645 Palm Beach Lakes Boulevard Suite 1200 West Palm Beach, Florida 33401 2252472 OR: 2367 PG: 0005 I~QIDBD in Ol~CliL BICOIEDI o! ~ ~, 12/01/g7 et 01:HPH DUl~ I. BM, ~U iBC ~11 lJ.~t IJOC-.~0 25221.# let~: ~ IfCC~SKT J~ iL 5811 PILIClil Bi! SL~D t210 THIS INDENI~RE, made this ._~ day of November, 1997, ELBA DEVELOPMENT CORPORATION, a Florida corporation, whose address is 399 Fifth Avenue South, Naples, Florida 34102, hereinafter referred to as "Grantor", and MS TEP EMBASSY, L.P., a Delaware limited parmership, whose federal employer identification number is unavailable and address is 3300 University Drive, Coral Springs, Florida 33065, hereinaf~r referred to as "Grantee". That Grantor, for and in considerafon of the sum of TEN AND NO/100'S ($10.00) DOLLARS and other good and valuable considerations, in hand paid by Grantee, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee, those certain lands situate, lying and being in the County of Collier, State of Florida, described on aRached ~ L TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, and the reversion or reversions, remainder or remainders, rents, issues and profits thereof. TO HAVE AND TO HOLD the above granted, bargained and described premises, with the appurtenances thereto, unto said Grantee to Grantee's own proper use, benefit and behoof forever, SUBJECT TO: I. Real estate taxes for the year 1998 and subsequent years. 2. Comprehensive land use plans, zoning and other requirements imposed by governmental amhority. 3. The matters describeA on attached Schedule 2. 1 OR: 236? PG: 0006 AND Orantor docs hexcby fully warrant the floe ~o said land, and will defend same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the day :..,.. year first above wriV. er.. Signed, sealed m~d delivered in the presence of: GRANTOR: ELBA DEVELOPMENT CORPORATION, Eli Baron, President (SEAL) ,~TATE OF FLORIDA ) COUNTY OF ~fPl~'c'~ )SS: . , The foregoing General Warranty Deed was acknowledged before me this o~ .~. day of November, 1997, by ELI BARON, the President of ELBA DEVELOPMENT CORPORATION, Florida corporation, on behalf of the corporation and partnership, who is personally known to me · ' 'On· OR=~d = 3 NOTARY PUBLIC · State of Flonda at Large · . , .-.. My Commission Expires. FTl~:2g0525~l OR: 2367 PG: 0007 Tract Q, EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRE'FONNE PARK, PHASE ONE, according to the Plat thereof, recorded in Plat Book 17, Pages 47 through 49, Jnclasive, Public Records of Collier County, Florida. AND ng to me Flat thereof, recoroco in r'tat Book 17, Pages 73 through 76, inclusive, Public Records of Collier C~canty, Florida. AND A parcel of land lying in Section 5, Township 50 South, Range 26 East, Collier County, Florida, more particularly descri[md as follows: COMMENCE at theoSou,thw,e, st corner of Section 5, Township 50 South, Ranae 2 East, Collier County, Florida, and run N 00 40 53 W for 2811.49 feet to the West uarter corner otrsaid Section $; thence run N 00° 40' 52" W for 1942.50 feet to the Northwest corner of ~O~ASSY WOODS GOLF AND COUN'I~Y C'~ UB AT .B. RETONNE PARK~ P _I-~SE TWO, .re. corded in Plat Book 17, Pages 73 through_ 77, inclusive, ~t th?L P?bhc ,Rec~o. rds, o~.f Coiher ~:9unty: _F_l?nd~; ~an.d, the POINT OF BEGINNING of the following ?eno?. p .a~..el ,o. Ha~na; ?.?_c~e_cg. nupue N 00 4.00 5,2~ ,~W,,f_or 825.05 feet to a _point on the Southern right ozway jse otKaalo Koaa {t:K~a{O; thence run 89 36 26 I~ along said right of way line for 263 i.63 feet .to a pp. int~o.n..~e N. orth/South .Qua. rte. r line of said Section 5; thence run S 00° 57' 10" E along saidouarter ~e. ~o,r.~tp.s~.t.e..et.t_o ..a.j~_ ~_n_t__be.i_ng_the Northeast corner o_f said EMBASSY WOODS GOLF' AND ,~u? I K.Y U.L.~I. BK~iLJNNEPARK, PHASE TWO; thence run S 89° 02' 50' W along said Plat oounoary zor J~a.zz leer; thence rnn S 75° 46' $2" W for 549 l't +'~,~- th~.ne~, r~m c: Roe n'~* ~n,, t~_r ~v_. 292.04pOINTfeet;OF BEGINNING.thence run N 57° 05' 34" W for 235.05;. feet thence rt[n~S 89'--~ ~'7~~'''2 _0 W'" .................. ~'~97"~0 ~,=,,t ~,~ ~h'"~' AND Tract A, EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE, according to the Plat thereof, recorded in Plat Book ! 7, Pages 47 through 49, inclusive, Public Records of Collier County, Florida. AND pT~ai~R,~,S, ~T:J,,~T,-2~ and T-3, t EMBA. SSY WOODS GOLF AND COUNTRY CLUB AT BRETON-NE truancy, orate, accormng to the Plat thereof, recorded in Plat Book 17, Pages 47 through 49, inclusive, Public Records of Collier County, Florida. AND !.?.~,~%T-3 and !-4, EyB~SSy W .OODS a%v AND COt~T~V CLUB AT ~RETO~4£ PAR~. ~r~ l ~w~o,,.a.c, co~romg, to ~.e r~.at thercot, recorded m Plat Book 17, Pages 73 through 76, inclusive, Public K~Ol'ClS O! r~Oll ier ~,ounly, PlOfi~. (Elba Development Cotporalion) flMg~4~! 124'~De~s~otig~uir~aLP AL P,~d~ $,'.14e~ u LE J Doc ! D: DocVelr This Instrument Prepared By: Richard 0. Ho~t, Esq. Gunstef, Yoaldey. Valde~Fauli & Stewart, P.A. 777 South Flagler Drive, Suite 500 East West Palm Beach, Florida 33401 2252477 OR: 2367 PG: 0047 IICOII~ ti O~ICIA~ IICOID~ of COLLIIIt COUlt~, FL IZC rrB! ?~-.002 I11#.00 5811 t~,ICrdl IAI BLVD MORTGAGE AND SECURITY AGREEMENT (MS TEP EMBASSY, LP.) THIS MORTGAGE AND SECURITY AGREEMENT (the"Mo~gage"), dated as of Novembe~ 1997, is executed and delivered by MS TEP EMBASSY, LP., a Delaware limited pa~nership (the "Mo~gago~, Savings ~ 1801 East N"mth Slrse~ Cleveland, Ohio 44114, under the ckcumslanoas ~m~nafized in the Mortgage substitutions thereof or therefor (~ refamM lo herein as the "Loan Docu~; It is intended that Ibis Morlgage may ~_-e~_Jre unpaid balances of a:ivancas made after this Modgage is delivered to the Cisrk of the Circuit Court of CoBer County, Florida. and for the puq)ose of securing: (I) ell payments to be made by Ibe Borrower pursuant to the Note, the Modgage and/or any other Loan Document, (il) any future or additional ~Kivances made at the option of Modgagee as contempisted heroin, (iii) any arnoun~ advanced or costs Incurred by the Mortgagee for the protection ofthe Morlgaged Property (as herelnelter defined) orthe enforcement of this Mortgage, the Note, the Agreement anct/~ any other Loan Document, (iv) any other cost or expense which, by the terms of this Modgage, the Note, the Agreement and/or any other Loan Document, may be the subject of reimbursement to Mmtgagee by Moflgagor, and (v) Itm perfomumoa ~,,d obsewance of each covenant and agreemant of the Bormwor contained In this Mortgage, the Note, the Agreement and/or any other Loan Document, the ~ does hereby grant, ba~aln, sell, convey, morlgage, asdgn, grant a security interest in and transfer unto the Mo~lgagee' its succassom and assigns, the following property whether now owned or hereafter acclulred by Mortgagor (the "Mortgaged Property"): OR: 0048 The land described in attached Exhibit A as amended from time to time (the "Land"), which shall consist of residential building lots (each such lot is hereinafter referred to as a "Sublor') and unimproved land to be developed into Sublots, together with all buildings, structures, additions, improvements, facilities and fixtures and other p~'operty, now or hereafter located in, upon or under or based at, such ~and (the "Premises"); All easements, rights of way or use, licenses, privileges, franchises, servitudes, tenements, hereditam~nts and appurtenancas now or hereafter belonging or in anyway appertaining thereto, including, ~thout limitation, all right, tiite and interest of the Mortgagor in any street, alley, sidewalk, open or proposed, and in front of, adjoining or adjacent or contiguous thereto, and all rights and estates in reversion or remainder, All leases, rentals, revenues, payments, repayments, income, charges, moneys, issues and profits thereof;, The proceeds from any insumnco or condemnation award pertaining thereto, or compensa§on in ~eu thereof, including but not limited to any award or compensation for the alteration of the grade of any street or any other injury to or decrease in the value of the Mortgaged Property; All of Mortgego~s right, title, interest, estato, claim or demand, either at law or in equity, in and to all arci~itectural, engineering and similar plans, specifications, drawings, renderings, profiles, studies, shop drawings, reports, plats, permits, surveys and the like, and all sewer taps, permits and allocations, agreements for utilities, bonds, sureties and the like, relating to the Premises or appurtenant facilities erected or to be erected upon or about the Land; NI proceeds of the conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including, without limitation, the proceeds of insurance; All contracts and other agreements for the sale of any of the Mortgaged Property or any part thereof or interest therein now or hereafter entered into by Mortgagor, and all dght. title and interest of Mortgagor thereunder, including, without limitation, all right, title and interest of Mortgagor in cash or securities deposited thereunder to secure performance by the contract purchasers of their obligations thereunder, and including, without limitation, the right to receive and collect the proceeds thereof;, Ail of Mortgagor's rights, powers and privileges (but not the burdens and obligations) under any conslnJclion conlmct or architect's (or engineer's) agreement now or hereafter entered into by Mortgagor relating to the Mortgaged Property. and all bonds and surety agreements related thereto; Ail contracts and other agreements, if any, relating to the sale, lease, brokerage, development, management, rns~ntenance and/or operation of the Mortgaged Property (or of any part thereof or interest therein) or otherwise pertaining thereto, including without limitation All rights of Mortgagor under any commitment for any other loan secured by the Mortgaged Pmpmty or any part thereof or intel ~st of Mortgagor therein; All right, title and interest of Mortgagor in all tredenames, trademart(s and/or servicemarks hereinafter used in connection with the Mortgaged Property and all contract rights and contracts, franchise agreements, general Intangibles, actions and rights of action, deposits, OR: 2367 PG: 0049 prepaid expenses, permits, licenses owned by Mortgagor and used in con:~::':;~, r' with or related to the Mortgaged Property; I. All machinery, apparatus, equipment, fittings, fixtures, inventory, appliances, ;',.. ~ure and articles of personal properly of every kind and nature whatsoever, other than con=,umable goods, now or hereafter located in or upon said Premises or any part thereof owned by Mortgagor. and used or useable in connection with any present or future operation of said Premises (heroin collectively called "Equipment), including, but without limiting the generality of the foregoing, all heating, lighting, laundry, incinerating, plumbing, lilting, cleaning, fire-prevention, fire-extinguishing, refrigerating, ventilating, communications, air-conditioning and air-cooling equipment or apparatus, engines, pipes, pumps, tanks, motors, conduits, switchboards, elevators, escalators, shades, awnings, screens, storm doors and windows, stoves, wall beds, refrigerators, attached cabinets, partitions, ducts and compressors, and all of the right, title and interest of the Mortgagor in and to any Equipment which may be subject to any conditional bill of sale, chattel mortgage or security interest superior to the lien or security interest estabr=,hed by this Mortgage; and m. All proceeds, additions, replacements and substitutions of and to any of the foregoing. TO HAVE AND TO HOLD Ihe Mofigagad PropeAy unto the Mortgagee, its successors and assigns, AND, IT IS HEREBY COVENANTED that this Mortgage is given and the Mortgaged Pm,,~y is to be held upon and subject to the terms, provisions and conditions herein set forth. 1. Reoresentetions and Warranties. The Mofigagor represents and warrants that Mortgagor is lawfully seized with good and marketable title in fee simple absolute to the Mofigaged Property free and clear of all liens and encumbrances whatsoever, except general and special taxes and assessments ~hich are not delinquent, zoning ordinances and except for those matters set t'oith in Exhibit B attached hereto (hereinafter "Permitted Prior Encumbrances"), and has good and mad,.eteble lille to all personal property included in the Mortgaged Property, subject only to the Permitted Prior Encumbrances; (lO it has full fight, pow~ and aulhority to bargain, sell, mortgage and convey the Mortgaged Property as herein provided; and ~ e~oept as expressly provided above, it will warrant and defend to the Mortgagee such tille to the Mortgaged Property and the lien and interest of the Modgages therein and thereon against all claims and demands whatsoever and will maintain the priority of the lien of, and the ~curity interest granted by, this Mortgage upon the Mortgaged Property un~l the Mortgagor shall be entilled to defeasance as provided herein. 2. Atter-Acuuired Prooeftv. ~1 ~ d every kind acquired by the Mortgagor alter the date become subject to the lien of this Modgage as fully as though now owned by the Mortgagor and specif~ally ~ herein. Nevertheless, the Mmtgagor shall take such actions and execute and deliver suc~ to the lien of this Mofigage of any such property. 3. p~fvment of Indebtedness. Mo~gagor ~'ll pay the indebtedness secured hereby in the manner and at the limes provided herein and/or in the Note er any other Loan Document. and, until the heroin, in the Agreement and In any other Loan Oocumants. 4. Future Advances. This Mmtgage secures the unpaid balanoes of any advances made under the ~ this ~aga, the Agreement or any other Loan Document alter this Mortgage has been delivered to the appropriate County Officer for recordation, it Is also mqxessly provided for and agreed that this 01 : 2367 PG: 0050 Mortgage secures said future advances, whether such advances are obligatory or to be made ~' ;, e option of Mortgagee or otherwise, to the same extent as if such future advances were made on I~'~' d3.''~ of the execution of this Mortgage although there may be no advance made at the tima of execulion of ~,,< .? :~rtgage or no indebtedness outstanding at the time any advance is made. The total amount of indebtedne ;~ [hat may be secured by this Mortgage may decrease or increase from time to time; provided, however, rd'.;;; ;he total unpaid balance secured at any time shall not exceed Eight Milllbn Seven Hundred Seventy-Five Thousand and no/100 Dollars ($8,775,000.00) plus interest thereon, and advances made by Mortgagee pursuant to this Mortgage. including without limitation, for the payment of taxes, assessments, insurance premiums, costs for the protection of the Mortgaged Property. reasonable attorneys' fees (whether or not litigation has been commenced and in all trial, bankruptcy and appellate proceedings) and court costs incurred in the collection of any or all of such sun's of money and interest thereon. It shall be an Event of Default hereunder if Mortgagor shall file a notice pursuant to Section 697.04(1)(b), Florida Statutes, limiting the amount of indebtedness that may be secured by this Mortgage. All futura advances shall be made within twenty (20) years from the date hereof or such longer period of time es may be authorized by Florida law, and all indebtedness created by such futura advances shall be secured hereby. All provisions of this Mort. gage slmll apply to any future advances made pursuant to the ixovisions of this Section. Nothing herein contained shall limit the amount secured by this Mortgage if such amount is increased by advances made by Mortgagee as herein elsewhera provided. 5. ~ Mortgagor expressly agrees that any and all of the Mortgaged Property. howsoever and whensoever acquired, received or.arising, shall seoura any and all obrqaations, howsoever and whensoever incurred, without apportionment between obligations of the Borrower to Mortgagee under or with respect to any of the Loan Documents. Accordingly. all of the Mortgaged Property is mortgaged, assigned and conveyed, and a security interest in favor of Mortgagee is granted therein, to secura (a) the entire indebtedness which may be owed to the Mofigagee from time to time pursuant to the Note or any other Loan Document. and (b) all other obligations of the Bonower under or with respect to any of the Loan Documents, and in no manner shall the rights of the Mofigagee in all or any portion of Ihe Mortgaged Property be limited by vidue of the fact that any portion of the Motlgaged Property may have been (1) mortgaged, assigned and conveyed to Mortgagee. or a security interest in favor of Mortgagee granted therein, or (2) placed in lite possession or control of the Mortgagee ancillary to the making of a pedicular advance hereunder or the Incurrence of any other obligation, and Morlgagee shall have the right, in its sole and absolute discretion, to detegmine the order in'ahich ils fights In or remedies against any Mortgaged Property are to be exercised, which type(s) or portion(s) of Mortgaged Property are to be proceeded against, and the order of application of proceeds of Mortgaged Property as against any particular obligations. Upon the sale, exchange or other disposition of any of the Mortgaged Property, the lien and security interest created and provided for herein shall, without break in continuity and '~lb~:~ut further formality or act, continue in and attach to the instruments for the payment of aloney, accounts receivable. contract fights and all other cash and non.cssh proceeds of such sale, exchange or disposition. The Mortgagee's right to proceeds specifically set fodh herein or indicated in any flnandng statement shall never constitute an express or implied authorization on the part of the Modgagee to Borrower sale. in the Loan Documents or consented to in writing by Mortgagee. The lien, secudty interests and fights granted to the Mortgagee hereunder shall continue in tull force and effect until expressly released by Mortgagee. notwithstanding the termination of the credit provided in the Note and Agreement or the fact that the Loan account may from time to limo be temporarily in a credit position. OR: 236' 0051 6o eo Hazardous Substances. Mortgagor hereby warrants and represents that neither Mortgagor nor. to the best of Mortgagor's knowledge, alter due inquiry, any other person or entity has ever generated, used or disposed of any Hazardous Substance (as de§ned below) from or in connection w~ the Mortgaged Property or used the Mortga[ied Property as e storage facility for any Hazardou~ Substance. Mortgagor hereby agrees to indemnify Morb3agee and hold MortGagee harmless from and against any and all losses, liabilities, including strict liability, damages, injuries, expenses, including reasonable attorneys' and paralagais' fees, costs of any settlement or judgment and claims of any and every kind whatsoever paid. incurred er suffered by, or asserted against, Mortgagee by any person or entity or governmental agency for, with respect to, or as a direct or indirect resuR of. the presence, usage, storage, generation or disposal on or under or in connection with the Mortgaged Property. or the escape, seepage, leakage, spillage, discharge, emission, discharging or release from the Mcxtgaged Property, of any Hazardous Substance (including. without limitation, any losses, liabilities, including strict liability. ciamages, injuries, expenses, including reasonable altomeys' and paralegals' fees. costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Uatality Act, under any so called Federal. state or local "supedund" or "supedien" law. or under any statute, law. ordinance, code. rule, regulation, order or decree regulating, relating to or imposing liability, including strict liability, or standards of conduct concerning any Hazardous Substance). regardless of whether within the control of Mortgagee. For purposes of Ibis Section, "Hazardous Substance" shall mean and include those elements or compounds which am from time to time contained in the list of hazardous substances adopted by the United States Environmental Protection Agency ("EPA") and the list of toxic pollutants designated by Congress or the EPA or detined by any other Federal, state or local statute, law. ordinance, code, role, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material as now or at any time hereafter in effect. If Mortgagor receives any notice of (i) the happening of any event involving the spill, release. leak, seepage, discharge or cleanup of any Hazardous Substance on or in connection with the Mortgaged Property or in connecikm with operations thereon or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, or any other environmental, health or safety matter affecting or related to the Mortgaged Property (an "Environmental Complaint") from any person or entity (including without r~mitation the EPA). then Mortgagor shall immediately notify Mc:~gagee orally and in writing of said notice. Mortgagee shall have the right but not the obligation, and without limitation of Mortgagee's rights under this Modgage, to enter onto ~ Mortgaged Property or to take such actions as Mortgagee deems neceesa~ or advisable to cleanup, remove, resolve or minimize the impact of, or otherwise deal with. any such Hazardous Substance or Environmental Complaint following receipt of any notice from any person or entity (including without limitation the EPA) asserting the existence of any Hazardous Substance or any Environmental Complaint pertaining to the Mortgaged Property or any pert thereof which, if true, could resuR in an order, suit or other action against Mortgagor and/or which, in the absolute and sole opinion of Modgagea, could jeopardize Mo~gagse's security under this Mortgage..aJ! reasonable costs and expenses incurred by Mortgagee in the exercise of any OR: 2367 ,G: 0052 such rights shall be secured by this Mortgage and ~hall be payable by Mor~..*,~ ~r upon demand. Mortgagee shall have the right, in its reasonable discretion, to require Mortgagor to periodically (but not more frequently than annually unless an Environmental Complaint is then outstanding) perform (at Mortgagor's expense) an environmental audit and, if deemed necessary by Mortgagee, an environmental risk assessment, each of which must be satisfacto~ to Mortgagee, of the Mortgaged Property, of hazardous waste management practices and/or hazardous waste disposal sites used in connection with operations conducted at the Mortgaged Property. Said audit and/or risk assessment must be an environmental consultant reasonably satisfactory to Mortgagee. Should Mortgagor fail to perform said environmental audit and/or risk assessment within thirty (30) days of Mortgagee's wdtten request, Mortgagee shall have the dght but not the obligation to retain an environmental consultant lo perform said environmental audit and/or risk assessment. All costs and expenses incurred by Mortgagee in the e~ercise of such rights shall be secured by this Mortgage and shall be payable by Mortgagor upon demand or charged to Mortgagor's loan balance at the discretion of Mortgagee. Any breach of any warranty, representation or agreement contained in this Section 6 shall be an Event of Default under this Mortgage and shall entitle Mortgagee to exercise any and all remedies provided in this Modgage or otherwise permitted by law. The provisions of this Section shall sun~ satisfaction, release or foreclosure of this Mortgage and shall inure to the benefit of any transferee of title to the Mortgaged Property through foreclosure of the Mortgage or any Loan Document or through deed in lieu thereof (but only to the extent such transferee is Mortgagee, its successor, an assignee of the Note, a participant of any of the foregoing or an affiliate or entity related to any of the foregoing). 7. Commercial Code and Financtna Statement. This Mortgage constitutes a security agreement. and creates a continuing secudty interest as to all or any part of the Mortgaged Property which is of a nature that a security interest therein can be created and perfected under the Uniform Commercial Code from lime to time in effect in the State in which the Mortgaged Property is located, and all replacements and additions thereto and substitutions and proceeds thereof. Mortgagee shall have ali remedies of a secured party under lhe Uniform Commercial Code with respect to any property subject to the security interest created pursuant to this Section. This Mortgage also constitutes a financing statement with respect to any and all property included in the Modgaged Property which is or may become fixtures. Mortgagor hereby authorizes Mortgagee to file carbon, photographic or other reproduction of a financing statement, and any such filing shall constitute a sulTK:ient financing statement under the Uniform Commercial Code. 8. Maintenance and Use of Modaa~ed Prooedv. The Mortgagor at its expense, shall keep the Mmtgaged Property in good order and in e clean and safe condition (ordinary wear and tear excepted) and shall make all necessary or appropriate repairs, replacements, restorations and renewals thereof, interior, exterior, slruclural and non-alnJclural, ordinary and ext~inary, foreseen and unforeseen. The Mortgagor Property or any part thereof, will not commit or pamlit any waste of the Mortgaged Prepafty or any part thereof, and will not permit any unlawful occupalion, business or trade to be conducted off the Modgaged privileges, franchises, sewitudes, ~ eas~ ~, bereditaments, restn~ of record and appurtenances being a part of, or burdening, the Mortgaged Property. 9. Conml/ance wi~ Leual and Insurance Reeuireql~pt-~ The Mortgagor. at its expense, shall promptly comply with ali Legal Requirements and Insurance Requirements, and shall procure, maintain and OR: 2367 PG: 0053 maintenance and use of the Mortgaged Property. As used in this Section, "Legal Requirements" means all laws, statutes, codes, acts, ordinances, resolutions, orders, judgments, decrees, injunc.'.~.,'.~, roles, regulations, permits, licenses, authorizations, directions and requirements of all govemn,: .':t~.! '~ntities, departments, commissions, boards, couds, authorities, agencies, officials and officers, fo,. ~en and unforeseen, ordinary or extraordinary, which now or at any lime hereafter may be applicable to th~.; :~. )rtgaged Property or any part thereof, or any use or condition of the M6Ageged Property ~ any part thai ~ ~f, and "Insurance Requirements".means all provisions of any insurance policy covedng or applicable to the Mortgaged Propmly or any part thereof, all requirements of the issuer of any such policy, and all orders, rules, regulations and other requirements of the National Board of Fire Underwriters (or any other body exercising similar functions) applicable to or affecting the Mortgaged Properly or any pert thereof, or any use or condition thereof. The Mortgagor may, at its expense and after prior written notice to the Mortgagee. contest in good faith by appropriate legal proceedings any Legal Requirement and postpone compliance therewith pending l~e resolution or settlement of such contest provided that (i) such postponement does not, in the reasonable opinion of the Mortgagee, adversely affect the condition, or value of, or the lien of this Mortgage as to, any pert of the Mortgaged Property, and (ii) the Mortgagor shall deposit in escrow with the Mortgagee pending such contest moneys sufficient in amount to cover the cost of compliance with Legal Requirement so contested. 10. Alterations. Additions and Demolition. The Mortgagor may, at its expense, make from time to time any additions, modifications or improvements to the Mortgaged Property provided that no material additions, modifications or improvements shall be made without the prior written consent of the Mortgagee and ft.lher provided that the proposed work shall not advemely affect the sbuctursl integrity or strength of any improvements constituting a pert of the Mortgaged Property or materially interfere with the use and operation thereof. If so requested, Mortgagor shall submit to the Mortgagee the opinion of a licensed engineer setisfactmy to Mortgagee. All additions, modifications and improvements so made by the Mortgagor shall become or be deemed to constitute a part of the Mortgaged Property. No building or improvements or any part thereof may be removed or demolished without the prior written consent of the Mortgagee. Notwithstanding anything to the contrary herein, no consent shall be required for the construction of the improvements contemplated by the Agreement. 11. ' ~,_,b_~it~ons and Removals. If any item of personal property constituting a part of the Mortgaged Property becomes inadequate, obsolete, worn-out, unsuitable, undesirable or unnecessary or should be replaced, the Mortgagor may remove such item provided that the Mortgagor shall either. a. prior to or simultaneously with such removal, substitute and install as part of the Mortgaged Property having equal or greater value (but not necessarily the same function) in the operation of the Mortgaged Property, which such substituted property shall be free from all liens and encumbrances (other than Permitted Encumbrances) and shall become part of the Mortgaged property; or b. in the case of removal of property without subslitution, promptly pay to the Mortgagee an amount equal to (i) the proceeds of such sale or the scrap value thereof, if the removed property is sold or scrapped, or (ii) if the removed property is used as a trade-in for property not to be Installed as pert of the Mortgaged Property, the trade-in credit received by the Mortgagor, or (iii) in the case of the retaniton of such removed property by lhe Mortgagor for other purposes, the fair market value of such property, as determined by a licensed engineer satisfactory to Mortgagee. The Mortgagor shall promptly report to the Mortgagee each such removal, sale or other disposition and shall pay to the Mortgagee such amounts as are required by the provisions of the preceding subsection (b) of this Section promptly alter the sale, trade-in or other disposition requiring such payment; provided that no such report and payment need be made until the amount to be paid to the Mortgagee on ac. ac, ant of all such sales, tmde4ns or other dispositions not previously reported OR: 2367 PG: O05Zt aggregates at least $5,000 in any consecutive twelve-month period. The Mortgagee shall apply such moneys to the payment of principal installments on the Note as provided therein. 12. P0yment of Taxes and Other Governmental Charoes. The Mortgagor sh~" ;~:~ ?;omptly when due all taxes, assessments {whether general or special), and other governmental charg=: ~ Jny kind whatsoever, foreseen or unforeseen, ordinary or extraordinary,' that now or may at any time ~.'. aalter be imposed, assessed or levied against or with respect to the Mortgaged Property or any part Ihere~: ~, :cluding, without limitation, any taxes levied upon or with respect to the revenues, income or profits of the Mortgagor from the Mortgaged Pmparty) or upon the Mortgagee's interest therein (without regard to any law heretofore or hereafter enacted imposing payment of the whole or any part thereof upon the Mortgagee); provided, however, that es to real estate taxes, payment shall be made by Mortgagor not later than March 1 imrnediate~y following the data said taxes are due. Within five (5) Business Days after receipt of evidence of payment of real estata taxes or assessments relating to the Mortgaged Property, Mortgagor shall deliver to Mortgagee evidence of such payment in form and substance satisfactory to Mortgagee. Mortgagor shall pay any and all documentary stamps and intangible taxes which may be due with respect to any advance or readvance of loan proceeds. If at any time any agency of the Stall of Florida shall determine that the documentary stamps affixed to the Note or the intangible personal property taxes affixed to the Mortgage are insuf~cient or if no documentary stan-q)s or intang~le personal property taxes have been affixed and that such stamps or taxes should thereafter be affixed, the Mortgagor shall pay for the same, together with any interest or penalties imposed in connection with such deten~nination and the amount of money needed to pay for such stamps and taxes and penalties shall, until such stamps and taxes are purchased and alfixed, be a portion of the indeb~ness secured hereby and bear interest from the data of such determination at the rate set forth in the Note applicable to a period when default exists thereunder. If at any time applicable law shall require Intamal Revenue Stamps to be affixed to the Note, Mortgagor shall pay for the same, together with any interest or pan;dries imposed in connection therewith. In the event of the passage alter the data of this Mortgage of any Federal. state or local law, deducting from the value of real propa~ for the purposes of taxation any lien thereon, or changing in any way the laws of or the taxation of mortgages or debts secured by mortgages for Federal, Slate or local purposes, or lite manner of the collection of any such taxes, and imposing a tax, either direcay or indirectly, on this Mo{tgage, the Note, any other indebtedness secured hereby or any insl;ument securing the indebtedness secured hereby, the holder of this Momlgage and of the debt which it secures shall have the right to declare the debt secured by this Mortgage and any interest thereon due on a dali to be specified by not less than thirty (30) days written notice to be given to the Mortgagor by the Mor{~ages, provided, however, that such el~:tion shall be ineffective if the Mortgagor is ponnitted by law to pay the ~ola of such tax in addition to all other payrnonts required hereunder and if the Morlgagor, ~ to such specified date, does pay such tax and agrees to pay any such tax when thereatllr levied or assessed against the Mortgaged Property. and such agreement shall constitull a modification of this Mortgage. The Mortgagor may. at ils expense and alter prior notice to the Mortgagee, by appropriate proceedings diligently prosecuted, contest in good faith the validity or amount of any such taxes, assessments and other charges and, dur~g the period of such contest, pen~ the items so contested to remain unpaid. However, if at any lime the Mortgagee shall notify the Mortgagor that, in its reasonable opinkm, by nonpeymant of any such items the lien of the Mo~lgage as to any part of the Mortgaged Pmporty will be adversely alfeclld, or the nonpayment of any such items will result in the creation of a lien upon the Mortgaged Proparl3/, the Mortgager shall promptly pay such taxes, assessments or charges. During the period v~hen the taxes, assessments or other charges so contested remain unpaid, the Mortgagor shall deposit in escrow with the Mortgagee moneys equal in amount to the amount of such contested taxes, assessments or charges. 13. Reaulred Insurance Coverage. OR: 2367 Pr':' 0055 do Prior to the commencement of the installation and construction of any buildings, slnJctures, additions, facilities, fixtures or other improvements included in the Mortgaged Property (excluding such improvements as ara not insured by standard builder's risk policies, such as excavations, underground foundations, underground utilities and footings below ground level)(colleotively, the "insurable Improvements*), Mortgagor shall obtain and continuously maintain until such improvements ara raleased from the lien of this Mortgage or insured pursuant to Section 13(b) below builder's all risk insurance on a completed value, non- raporting form with an extended coverage endorsement, including theft, vandalism, malicious mischief, collapse, falsework, temporary busings and debris removal coverage and such other coverage(s) as Mortgagee may reasonably require, in an~ounts approved by the Mcdgagee. but not less than one hundred percent (100%) of full insurable raplecement cost of the Insurable Improvements without regard for depraciaticm and with an inflation rider, duly endorsed to show the interest of the Mortgagee under a standard non.contributing mortgagee c}ause. The Mortgagor shall keep any Insurable Impovements not included in any insurance obtained pursuant to Section 13(a) abovs continuously insured for the benefit of the Mortgagee against loss or damage by fira and other hazards included in a standard fira insurance policy with an extended coverage endorsement, including theft, vandalism, malicious mischief, collapse and debris removal coverage and such other coverage(s} as Mortgagee may raasonebiy require, duly endowed to show the interest of the Mortgagee under a standard non.<:onlflbuting*mortgagee clause, in an amount equal to the replacement value of the Insurable Improvements without regard to dapracialJon and with an inflatf,:m ~ler. If any of the Insurable Improvementa are located within a hazerd~ ficod area as designated by any governmental authority, Mortgagor shall obtain and continuously maintain insurance coverage to the maximum amount available with appropriate endorsements therato providing for Mortgagea's interest in the same manner as the standard fire insurance. The Mortgagor shell obtain and continuously maintain single limit comprehensive general accident and pubi~ liability Insurance in minimum amounts of $2,500.000, naming the Mortgagee as an additional insured, and the Mortgagee may, in its discretion, require such increases in coverage as it deems necessary or advisable as a rasuit of the operal~ons conducted by the Mortgagor on the Mortgaged Property and/or the insurance coverage carried by other entities conducting similar operations. All Insurance required to be obtained and maintained pursuant to this Mortgage shall be obtained from generabJ recognized, responsible insurance companies qualified m' licensed to transact such business in the State of Florida and otherwise satisfactory to the Mortgagee. Each policy of insurance shall not be subject to cancellation or substantial mudificat~on without at least thirty (30} days I~ior written notice to the Mortgagee. The loss deductible prov:,sion for any such insurance shall not exceed $10,000. Mmlgagor shall deposit with the Mortgagee all such policies of insurance or. at the option of satisfactmy to the Mortgagee that the Moflgagoe, binders, certificates or other evidence and effect, and (ii) ell the insurance required heraby has been obtained and is in full force pramiums thereon have been paid in full. Prior to the expiration of any such insurance, the · to the Mortgagee that such Mortgagor shall furnish the Mortgagee with evidence satisfactory Insurance has been ranewed or rapleced and that all pramiums thereon have been paid in full, and all insurance policies required hereby are in full force and effect. 9 OR: 2367 I G: 0056 Subject to Section 18. Mortgagor hereby assigns to the Mortgagee all of the, ~.~':~tgago~'s right, title and interest in and to all such policies of insurance and in and t,:, proceeds resulling therefrom to the full extent of the indebtedness sec'.;..J hereby. authorizes the Mortgagee to collect, adjust and compromise any claims und ~ ~ny such insurance policies, and further authorizes and directs the insurer to pay any :.~ ~ all such proceeds directly to the Mortgagee. The Mortgagee may, at its option, collect, aajust and compro~ any claims under any such insurance policies. In the event of a forectosum of this Mortgage, the purchaser of the Mortgaged Propeity shall succeed to all the Hghts of the Mortgagor (including any right to unearned premiums) in and to all policies of insurance assigned to the Mortgagee pursuant hereto. Mortgagor shall maintain or cause to be maintained in connection with the Mortgaged Pmpe~y any workers' compensalion coverage required by the laws of the State in which the Mortgaged Property is located. If the Mortgaged Property is used for (1) manufacturing purposes, or (2) any purpose involving Ihe use of machinery, mobile or production equipment, tank storage, or the production of any gases, chemicals, or any use other than general office, apartment living or storage purposes only, Modgagor shall also maintain liability insurance coverage to insure against any liability risks not covered by workers' compensation coverage. 14. Taxes and Insurance Pmmiurn~ In order to more fully protect the security of this Mortgage, if the Mortgagee shall so elect at any time alter the occurrence of ar~ Event of Default or an event which with notice or lapse of time or both would constitute an Event of Default, Mortgagor shall pay to Mortgagee, together with and in addition to each payment of principal and interest required by the Note, one-twelfth (1112th) of the amount (as estimated by the Mc~) of the annual taxes and annual insurance premiums next becoming due and payable with m_~.ect_ to the ~ed Property and the policies of insurance refarred to in this Mmtgage, and Mortgagor shall also pay to the Mo~gagee on demand therefor the amount by which the actual taxes and insurance premiums exceed payments actually made pursuant hereto. Any unpaid shall ont be considered to be a fiduciary with respect to any amoonts paid to or received by It pursuant to the terms of this Section and shall not be liable for the payment of interest on all or any part of such funds. Provided, however, in the event that Mo~gagee does require Mortgagor to pay monthly installments of taxas and insurance hereunder, Mortgagee shall remit same to the appropriate authoritias and/or agencies when due, but only to the exte;.t that sufficient funds therefor have been received from Mortgagor to pay the taxes and/or premiums in full. 15. DisPosition of Morte_aaed Pmeertv: Liens and Encumbm~ Except as permitted by Sections 11, 19 and 49 of this Mo~gage, the Mortgagor shall not sell, convey, assign, transfer, lease, or dispose of all or any part of the Mortgaged Property, or any interest therein, or enter into any agreement for any of the foregoing, in each case without the prior written consent of the Mortgagee. The Mortgagor shall not directly or indirectly create or permit to remain, and will promptiy discharge, arq morlgage, lien, encumbrance or charge on, piedge of, sacu~y interest in or cond~ saie or other titie retention agreement with respect to all or any part ofthe Morlgaged Property, or any interest therein, or any revenues, income or prolit or other sums arising from the Mo~lgaged Properly orany part tbereof (including, without Fanitaltan, any r~n, ancumbranca or ~ as a result of ol~eretien of law) othor than: (i) the lien and security interest of this Mortgage; (ii) liens for texee, ~ and other govemmsntal charges which are not at the tiree required to be paid pursuant to Seclion 12 hereof,, 0ii) liens of mechanics', materiaimon, suppliers or vendors or rights thereto to lhe extent permitted by Seclton 16 ber~of; and (iv) the Permitted Prior Encumbrances specified in Seclkm 1 hereof, if any. 10 OR: 2367 0057 16. Mechanics' and Other Liens. The Mortgagor shall not permit any mechanics' or other liens to be filed or to exist against the Mortgaged Property or any part thereof, and the Mortgagor shall, within sixty (60) days after notice of the filing of any such lien, cause the same to be discharged of record by payment, deposit, bond. order of a Court of competent jurisdiction or otherwise. 17. Ho Claims AQainst Mortqaaee. Nothing contained in this Mortgage shall be construed as a request by the Mortgagee, expressed or implied, for the perfomlance of any labor or services or the furnishing of any materials or other property with respect to the Mortgaged Property or any part thereof, or be construed to give the Mortgagor any right, power or authority to co;;tract for or permit the performance of any labor or services or lite furnishing of any materials or other property with respect to the Mortgaged Property or any part thereof, or be construed to give the Mortgagor any right, power or authority to contract for or permit the performance of any labor or services or the furnishing of any material or other properly on behalf of Mortgagee. or in such manner as to provide the basis for any claim either against the Mortgagee or that any lien based on the performance of such labor or sewices or the furnishing of any such matedal or other property is prior to the lien of this Mortgage. 18. Damane. Destruction. Eminent Domain. a. Mortgagor shall promptly notify Morlgagee in ,,vn{tng of any damage to or destruction of any pa{t of the Mortgaged Property. including a dascfiption of the nature, extent and date of the damage, Ihe estimatad cost of repair, and estimated net proceeds of insurance. Mortgagor shall promptly notify Mortgagee in writing of any proposed, thmataned or actual taking or inju~ to any pad of the Mortgaged Property pursuant to use of the power of eminent domain, including a description of the nature, exten{ and dele of the teldng or pmpased taking and the estimated net proceeds of the condemnation award, or price for conveyance under threat of condemnation. b. Mortgagor hereby assigns to Mortgagee all of Morlgagor's fight, title and interest in and to any and all such proceeds of insumm:e and/or eminent domain awards (including any amount paid for a conveyance under threat of condemnation), and all such proceeds shall be paid to Mo{tgagee for application to the Mo~gagee's costs of collection, any ~mounta then due pursuant to the Note, the Agreement or this Mortgage, and then to the prepayment without premium of principal; provided, however, that, subject to paragraph (c) below, and so long as (0 no Event of Default, or event which wilh notice or lapse of time or both would constitute an Event of Default, has occurred, and (ii) all sales agreements or purchase contracts relating to all or any damaged or taken portion of the Mortgaged Property shall confJnue in full force and effect or Mortgagor has obtained substitute sales agreements or purchase contracts satisfactory to Mortgagee for any such agreements or contracts which have not continued, the Mortgagee shall permit all or any part of such insurance proceeds to be used for the purpose of repairing, replacing, restoring and rebuilding the Mortgaged Preper[y as nearly as practicable to the value, condition and character thereof immediately prior to such damage or destruction, with such changes or alterations, however, as the Mortgagor may deem n _~___~3ry for proper use or operation of the Mortgaged Property and as may bo approved by the Mortgagee, in accordance with Section 18(e) hereof. c. If any buildings, structures, additions, facilities or other improvements included in the Mortgaged Property is damaged or destroyed, and (A) at the time of such damage or destruction, a contract is in force and effect between Mortgagor and a retail buyer of the residence under construction which has experienced such damage or destruction, and (B) no Event of Default~ or event which with notice or lapse of time or both would constitute an Ever~t of Default, has occurred, Mortgagee shall make any insurance proceeds available for repair or restoration of the affected structure, and shall disburse such funds es work 11 2367 058 do eo progresses in accordance with and subject to Mortgagee's then ~.iormal and customary construction loan disbursement practices and procedures, provided that Mortgagee may require Mortgagor either to deposit with Mortgagee, for dishursement prior to the disbursement of any such insurance proceeds, the amount in addition to such available net proceeds of insurance that will be required (in Mcxtga~;ee's judgment) to complete such repair or restoration, or to provide Mortgagee with evidence satisfactory to Mortgagee that such additional ~unds are available for such purposes. Upon the completion of such repair or restoration, the remaining undisbursed balance of the Unit Constmc#on Fund (as defined in the Loan Agreement) for such structure shall be available for disbursement to Mortgagor in accordance with the provisions of the Loan Agreement. of such damaged residence has If, as a result of such damage or destruction, the retail buyer of such residence, Mortgagor the right to and elects to cancel their contract for the purchase purchase of such shall have thirty (30) days to e~er provide ~ replacement contract for the residence, or elect to classify such residence as a Spec Unit, in either of which events, Mortgagee shall make any insurance proceeds available to Mortgagor for repair and of this accordan~ with the provisions of paragraph c restoration of the damaged ~ra in Section. If Mortgagor shall fail to either provide a replacement contract, or classify the damaged structure as a Spec Unit (subject to the provisions of the Agreement), Lender shall sums advanced with respect be entYded to apply the insurenoa proceeds to repayment of any proceeds is to the construction of the damaged structure. If the amount of such insurance insufficient to satisfy all sums so advanced (an 'insurance Shortfall"), Mortgagor shall within five (5) business days of written notification from Mortgagee of the existence of such Insurance Shortfall, pay to Mortgagee the amount of any such Insurance Shod~r,l. The failure of Mortgagor to timely pay to Mortgagee the amount, if any such Insurance Shortfall shall constitute an Event of Default hereunder, ~vhtch shall entitle Mortgagee to exercise its right to dee. lam the entire indebtedness secured hereby to be due and payable, and thereupon the entire amount of said indebtedness shall be due and payable on such date, and shall thereafter bear interest at the Default Rate (as hereinafter defined). If title to a portion of the Mortgaged property for which Mortgagee has made advances hereunder shall ha taken by a governmental authority pumuant to power of eminent domain or otherwise, Mortgagee shall be entitled to receive all awards of any nature made to Mortgagor in such proceeding, and shall apply any sums so received to payment of the balance due to Mortgagee for the Unit Construction Fund established by Mortgagee for that · Pro rty so taken. In the event that the amount awarded in such portion of the Mortg_ .a~. ~ . inciudin any Lot release payment proceeding is insufficient to satisfy all sums so advanced, g (5) business paid to the First Mortgagee (a "Taking Shortfall"), Mortgagor shall within five days of v~itton notifcal~ from Mortgagee of the existence of such Taking Shortfall, pay to Mortgagee the amount of such Taking Sho~lfall. The failure of Mortgagor to timely pay to Mortgagee the amount of any such Taking Shortfall shall constitute an Event of Default hereunder, which shall entitled Mortgagee to exercise its right to declare the entire indebtedness secured hereby to be due and payable, and thereupon l/~e entire amount of said indebtedness shall be due and payable on such date, and shall thereafter bear interest at the Default Rate (as hereinafter defined). All prepayments of principal pursuant to paragraph (b) of this Section shall be made without premium or penalty in the inverse order of the maturity thereof, and shall not reduce the periodic installments therealter becoming due. Upon the _oc~_.,rra~tce of any damage to or destna::t~ of any buildings, structures, additions, facilities o~'~-ther improvements included in the Mortgaged Property, Mortgagor shall, 12 OR: 236? ?G: 00§9 regardless of the adequacy or availability of insurance proceeds, if any, promptly commence and complete any temporary repairs which are necessary or appropriate to preserve the damaged property pending a determination of the ir, surance proceeds to be pard thereon. 19. Leases. The Mortgagor shall not enter into any lease of all or any part of the Mortgaged Property ("Lease") except with the prior written consent of the Moilgagee and pursuant to lease terms in form and substance satisfactory Jo the Mmtgagee. Unless othep. Mse provided by written instrument signed by the Mortgagee, any and all Leases (other than Permitted Prior Encumbrances, if any) shall be subordinated to this Mortgage. This Mortgage constitutes an absolute and present assignment of ~!1 rentals, income and other revenues payable under or derived from any and all Leases, subject only to the conditional license granted by the Mortgagee to the Mortgagor to collect such rentals, income and revenues during such times as no Event of Default shall have occurred hereunder. Concurrently with the execution and delivery hereof, the Mortgagor has also executed and delivered to the Mortgagee a collateral assignment of its interests as lessor in all Leases and to all rentals, income and other revenues payable thereunder or dedved therefrom, as additional collateral for the indebtedness hereby secured. 'The Mortgagor will perform, fulfill, comply with and observe each and every covenant, agreement and condition to be performed, fulfilled, complied wi~ and observed by the Mortgagor as lessor under the Leases, and will not suffer or permit any default of the Mortgagor as lessor thereunder to occur (except defaults which are duly cured within the time provided in the Leases for the curing thereof). The Mortgagor shall not, and shall not have the right or power to, as against the Mortgagee without its consent, cancel, terminate, abridge or modify any Lease, accept a surrender thereof or accept prepayments of installments of rent or other sums due or to become due thereunder. 20. Inspection. Mortgagee, its agents and employees shall have the right to enter upon and inspect the Mortgaged Property at any and all reasonable limes and upon reasonable notice for the protection of ils interest in the Mortgaged Property and for such other purposes as may in Mortgagee's sole discretion be necessary or dasimbte in connection with the exercise of its rights hereunder or under the Agreement; provided, however, in the event of an emergency as determined by Mortgagee in ils sole di~.,~::mtton reasonably exercised, no such notice shall be required. 21. Financial Statements. Prior to closing, the Mmtgagee will have received for Mortgagor and each guarantor. (al financial statements dated as of the end of the most recent fiscal year of the subject thereof, and being as of and for the year then ended, prepared in accordance with generalb/accepted accounting principles consisten~ applied, reviewed by an independent pub4ic accounl~ng firm, and otheflvise sa~ in fo~rn and substance to the Mortgagee (as to individual guarantors, financial statements shall be prepared so as to accorately mltect such guarantors rmencial {:mhd'dion), (b) a certificate signed by each (c) a schedule identifying all financial institutions currantiy extending credit to Mortgagor or any Co-Maker or infonnatinn including a payment histmy, (d) Taxpayer ID number, and (el copies of federal lax returns for the last two (2) fiscal years. Financial statements furnished by any corpomlien or partnership shall consist of a ~ of financbJ position or condition (balance sheet), a ~{aka~ent of income and expenses (operations), a statmnent of shareholdenf or partners' equ'e/and a statmnm~ of cash ~. At Mortgagee's request, financial statements shall include informalion concerning the subject's other real estate holdings, includ'~g without limitation, outstanding inventory, sales-to.date, average monthly absorption, profit ma~ to date. outstanding reaeflm, maturity date of outstanding loan(s), debt service requirements and net cash ttow. All of the foreg~ individuals and entities shall annually provide to Ihe Bank within sixty (60) days after the end of their respective fiscal years financial stetemente satisfying the above criteria, except Transeestem Propediea, Inc. which will provide same within one hundred twenty (120) days after the end of tls fiscal year, 13 OR: 2367 PG: 0060 and Mortgagor shall also deliver to Bank within thirty (30) days alter the end of each fisca.~ c~; ;'~ ~, :" financial statements for such quarter certified by the Mortgagor to have been prepared in accordance .'.~ ~ ~enerally accepted accounting principles consistently applied and to be true, correct and complete. 22. Indemnificetioo. Except in the event of Lender*s gross negligence or willflJI misco~,duct, the Mortgagor hereby protects, indemnifies and .~=ves harmless the Mortgagee, its officers, directors, agents and employees, from and against any and ail llabir~es, obligations, claims, damages, penalties, causes of action, costs and expenses (including without limitation, reasonable attomeys' fees and expenses whether or not litigation has been commenced and in all trial, banknJptcy and appellate proceedings) imposed upon, incurred by or asserted against the Mortgagee or any of such persons by mason of (a) ownership of any interest in the Mortgaged Property or any part thereof, (b) any accident, injury to or death of pemons or loss of or damage to property occurring on or about the Mortgaged Property or any part thereof or the adjoining sidewalks, curbs, vaults and vault space, if any, streets or ways, (c) any use, disuse or condition of the Mortgaged Property or any part thereof, or the adjoining sidewalks, curbs, vaults and vault space, if any. or any streets or ways. (d) any failure on the part of the Mortgagor to perform or comply with any of the terms hereof or of the Agreement, or any inaccuracy in any repr~?'----------------_,entatJon or warranty made by Mortgagor herein or in the Agreement, (e) :any necessity to defend any of the right, title or interest conveyed by this Modgage. (~) the performance of any labor or services or the fumishing of any materials or other property in respect of the Mortgaged Property, or any part thereof, (g) any subsidence or erosion of any part of lhe surface of the Mortgaged Premises, including any shoreline or any bank of any river, stream, creek, lake, ocean or other water source, or (h) the location or existence of asbestos or any toxic or hazardous waste, chemicals, materials or substance on, at, in or under the Mortgaged Property or any part thereof. If any action, suit or proceeding is brought against the Mortgagee, or any of its officers, directors, agents or employees, for any such reason, the Mortgagor, upon the request of such party, will at the Mortgagor's expense, cause such action, suit or proceeding to be resisted and defended by counsel satisfactory to the Mortgagee or such person. Any amounts payable to an indemnified party under this Section which are not paid within ten (10) days after written demand therefor shall bear interest at the Default Rate from the date of such demand, and such amounts, together wP, h such interest, shall be indebtedness secured by this Mort. gage. The obligations of the Modgagor under this Section shall sup~ve any defeasance of the Mortgage. 23. ~ Any one or more of the following events shall be an "Event of Default' under this Mortgage: a. Failure by the Mortgagor or any co-maker or guarantor to pay any installment of principal, interest or premium under the Note within ten (10) calendar days alter the same are due and payable orany olher indebtedness secured hereby as and when the same becomes due and payable or the entire indebtedness secured hereby upon the maturity of the Note; b. Failure by the Mortgagor or any co-maker or g;~.-~rantor to observe or perform any other term, covenant or agreement contained herein, in the Note, in the Agreement, or in any other Loan Document or any other note, mortgage, agreement or obligation fo Mortgagee; provided. however, that if the failure is other lhan the payment of money, or maintenance of insurance. is not intenlfonal or grossly negligent on Itm part of the Mortgagor; does not involve a breach op'mion of Mortgagee, such ~ai~ure shal! not constitute an Event ot De~autt '~. [~) t/m~tga9o= {nst~utes curative action and pursues such ac~n to completion w~in thirty (30) days after written notice of such failure has been given to Mortgagor by Mortgagee; or (ii) the failure is of such a nature ~at it can be co~ected but not within th~rt~ (30) days after ~n~tten notice thereof has been g'wan to Mmtgagor by Mortgagee, and Modgagor has ~vithin the aforasakl thirty (30) days instituted curative ac0on and diligently and continuously pursues such action to completion, provided #,at such failure shall become an Event of Default if not cured within ninety (90) days after such written notice; 14 OR: 2367 PG: 0061 ho The Mortgagor or any co-maker or guarantor shall: (i) become insolvent or gen~,.~: ¥ not pay. or be unable to pay. or admit in writing its inability to pay its debts generally as they become due; (ii) commence a proceeding under any Federal or state bankruptcy, insolvency. reorganization or other similar law. or have such a proceeding commenced against it and · · · proceeding either have an order of insolvency or reorganizatibn entered against ~t or have the remain ungismissed for sixty (60) days; (iix make an assignment for the benefit of its creditors; or (iv) have a receiver or trustee or custodian appointed for it or for the ~hole or any substantial part of its property or for all or any part of the Mortgaged Property; or (v) adopt a plan of liquidation of its assets; An occurrence of an Event of Default under documents evidencing or securing the $1.350.000 loan from Mortgagee to Transeastem Propedles. Inc.. a Florida corporation, of even date herewith. The Mortgagor or any co.maker or guarantcr or any general parb~er of Mortgagor shall cease to exist or to be qualified to do or transact business in the State in which the Mortgaged Property is located or be dissolved or shall be a party to a merger or consolidation, or shall sell all or substantially ail of its assets, or the death of any individual being a Borrower, If Mortgagor or any co-maker or guarantor is a coqx:~ation, a majority of the shares of stock of Mortgagor or any such co-maker or guarantor are issued, sold. transferred, conveyed. assigned, mortgaged, pledged, or otherwise disposed of. whether voluntarily or by operation of law. and whether with or without consideration, or any agreement for any of the foregoing is entered into; or. if Mortgagor or any co-maker or guarantor i~ a partnemhip, a majority of the general or limited partnership interests or other equity interests in such partnership is sold. transferred, assigned, conveyed, modgaged, pledged or otherwise disposed of. whether voluntarily or by opera~:)n of law. and whether with or without consideration, or an agreement for any of the foregoing is entered into; Any shares of stock of any corporation that is a general partner of Mortgagor or any co.maker or guarantor or a general partner of a partnership that is a general partner of the Mortgagor or any co-maker or guarantor are issued, sold. tmnsfened, assigned, conveyed, mortgaged. pledged or otherwise disposed of. whether voluntarily or by operation of law. and whether with or without consideration, or any agreement for any of the foregoing is entered into. executed or delivered, or a majority of the general partnemhip interest~ in any general partnership that is itself a general partner of the Mortgagor or any co-maker or guarantor is sold. transferred, assigned, conveyed, modgaged, pledged or otherwise disposed of. v~ voluntarily or by operation of law. and whether with or without consideration, or any agreement for any of the foregoing is entered into; If any statement or representation contained in the loan application or any financial statements or other materials fumished ~o Mortgagee prior or subsequent to the making of the loan secured hereby are discovered to have been false or incorrect er incomplete in any An action for foreclosure or marshaling of liens is commanced against all or any part of the (60) days of nolice of the filing of any such claim; or 15 OR: 236'/PG: 0062 j. A default or Event of Default occurs under any other mortgage or secu,:? ..?.eement encumbering all or any part of the Mortgaged Property and as a result thereof th,~ ~ ;ortgagee declares a default thereunder, or the Mortgagee receives any notice which limit,.: may limit the amount of indebtedness that may be secured by this Mortgage. 24. l~ight to Cum. If the Mortgagor or any Borrowei' shall fail to make any payment or perform any act required to be made or performed under this Mortgage or the Agreement, the Mortgagee, without demand upon the Mortgagor and without waiving or releasing any obligation or default, may (but shall be under no obligation to) make such payment or perform such act for the account and at the expense of the Mortgagor and may enter upon the Mortgaged Property or any part thereof for such purpose and take all such action thereon as, in its sole opinion, may be necessary or appropriate therefor, all without prejudice to any other rights or remedies available to Mortgagee. All payments so made by the Mortgagee and all costs, fees and expenses incurred in connection therewith or in connection with the performance by the Mortgagee of any such act, together with interest thereon at the Default Rate (as hereinafter defined) from the date of payment or incurrence, shall constitute additional indebtedness secured by this Mortgage and shall be paid by the Mortgagor to the Mortgagee on demand. 25. J~. If an Event of Default shall have occurred, the Mortgagee may exercise any or all or any combination of the remedies conferred upon or reserved to it under this Mortgage, the Agreement or any other Loan Document, or now or hereafter existing at law or in equity or by statute. Without limitation, the Mortgagee may (a) declare the entire unpaid principal balance of the indebtedness secured hereby to be immediately due and payable, without notice or demand, the same being expressly waived by the Mortgagor. and upon such declaration the entire indebtedness secured hereby shall become immediately due and payable and shall thereaRer bear interest at a rate equal to live percent (5%) per annum in excess of the rate that would othenvise be applicable pursuant to the terms of the Note (the 'Default Rate"); (b) proceed at law or equity to collect all indebtedness secured by this Mortgage then due hereunder, whether at maturity or by acceleration; (c) foreclose the Fen of this Mortgage as against all or any part of the Mortgaged Property; and (d) exercise any rights, powers and remedies it may have as a secured party under the Uniform Commercial Code of the State in which the Mo~gaged Property is located, including, without limitation, the option of proceeding es to both personal property and fixtures in accordance with the Mortgagee's rights with respect to real property. 26. Waiver of Aooraisement. Valuation. The Mortgagor hereby waives, to the full extant that it may lawfully do so. the bene~ of alt appraisement, valuation, stay and extension laws now or hereafter in force and all rights of marshaling of assets in the event of any sale of the Mo~gagad property, any part thereof or any interest therein, and any court having jurisdiction to foreclose the lien hereof may sell the Mortgaged Property (real or personal, or both) as an entirety or in such parcels, lots, manner or order as the Mortgagee in its sole discretion may elect. 27. ~moointmant of Receive~. If an Event of Default shall have occurred, the Mortgagee shall be entitled, to the extent permitted by law, as a matter of right and wrihout regard to the value or condition of the Mortgaged Property or the adequacy thereof as security and by ex ~ proceedings without notice to the Mortgagor, to the appointment of a receiver for all or any part of the Mortgaged Property, whether such receivership is incidental to a proposed sale of the Mo~g~ Property or ~. The foregoing is agreed to. in part. in recogn~n of the fact that a delay in the management, development, disposition or other activity involving the Mortgaged property may substantially adversely affect Mortgagee's security by vi~Je of the effects of Florida's Growth Management Act and concurrency requirements and documents and instnjments of record affecting development of the Mortgaged Property. The Mortgagor hereby consents to the appointment of such receiver and covenants not to oppose any such appointment. 28. p~ssession. Manaeement and Inc~_~.~{3~3t- If an Event of Default shall have occurred, the Mortgagee. to the extent permitted under applicable law. and without notice to the Mortgagor. 16 OR: 2367 PG: 0063 may enter upon and take possession of the Mortgaged Property or any part thereof by force, summary proceedings, ejectment or otherwise, and may remove Mortgagor and all other persons and any and all property therefrom and may hold, operate and manage the same and receive all revenues, incom'~ or profits accruing with respect thereto or any part thereof. The Mortgagee shall have no liability for or by. ,,:,;",'~ of any such taking of possession, entry, removal or holding, operation or management, or for the t~, ..~ ~ ~ do so, except for grossly negligent or intentional misconduct. 2~. Remedies'Cumulative. Each right, power and remedy of the Mortgagee provide~, :~'¢ in this Mortgage. in the Note. in the Agreement or now or hereafter existing at law or in equity or by statute or otherwise, shall be cumulative and concunent and shall be in addition to every other such right, power or remedy, and the exemise or beginning of the exercise or pa~lial exercise by the Mortgagee of any one or more of c.,uch dghts, powers or remedies shall not preclude the simultaneous or later exercise by the Mortgagee of any or all such other dghts, powers or remedies. 30. Provisions Subiect to A~Dr~cable Law. All dghts, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any applicable law. and are intended to be limited to the extent necessary so that they will not render this Mortgage invalid, unenforceable or not entitled to be recorded, registered or filed under any applicable law. 31. No vVaiver bv Mortea~ee. No Pailure by the Mortgagee to insist upon the strict performance of any term hereof or to exercise any right, power or remedy consequent upon a breach thereof shall constitute a waiver of any such term or of any such breach. No waiver of any breach shall affect or alter this Mortgage. which shall continue in full force and effect with respect to any other then existing or subsequent breech. 32. Rioht to Sue for Installments. Mortgagee shall have the right from time to time to sue for any sums required to be paid pursuant to the terms of this Mortgage (whether principal, interest, taxes, insurance prendums, or otherwise) as the same become due, without regard to whether or not the principal or any other sums secured hereby shall then be due and payable, and without prejudice to the dght of the Mortgagee to accelerate the indebtedness secured hereby or to commence an action for foreclosure or any other action for a default or defaults by the Mortgagor existing at the time such eadier action was commenced. 33. Additional Security. W~lhout impaimlent of the lien and rights created by this Mortgage. lhe Mortgagee may accept additional security for the indebtedness secured by this Mortgage from the Mortgagor or (without notice to or the consent of the Mortgagor) from any other parson or persons. Mortgagee may release or subon:linate any part of the security for the indebtedness secured by this Mortgage without in any way impairing or affecting the validily or priority of this Mortgage as to the Mortgaged Property not specifically released. Mortgagee may resort to the security created by this Mortgage or to any such additional security in such manner and order as Mortgagee may elect, in each case without affecting the lien hereof and the rights conferred hereunder. 34. Notices. Any noUce, demand or request required or pewnitted by this Mortgage shall be in writing and shall be deemed to have been sufficiently given at the eerller of when personally delivered or at 6:00 P.M. on the second business day after deposit in the United States certified or registered mail, postage prepaid, and addressed to the address of the party to whom such notice is directed as such address as is set forth at the beginning of this Mortgage, and in the case of the Mortgagee, to the attention of the Legal Department, or at such other address as any party may from rims to time notify the other by notice in writing as aforesaid. A business day is any day other than a Saturday. Sunday or any day on which savings and loan associations are authorized or required to be closed in the State of Ohio. 35. Reimbursement of Attorneys' Fees and Exoenses. If the Mortgagee becomes a party to any action wherein the Mortgagee must establish or defend the validity or priority of this Mortgage, or if the 17 OR: 236? PO: 0064 IV~ortgagee should incur expenses in connection with the collection or enforcement of this Mortq. ¥,:, the Note. the Agreement or any other instrument or document collateral thereto, the Mortgagor s.~;~:t; ,'~.'~:/ourse the Mortgagee on demand for any and all such costs er expenses incurred by Mortgagee, ir,c~ '.? g, without limitation, attorneys' fees in ali trial, bankruptcy and appellate proceedings, and whether or nc ~,gation has been commenced, together with interest thereon at the Default Rate from the date such cost~ ;'.~ ':' expenses are incurred, and all of sam amounts, including interest, shall constitute indebtedness secured by this Mortgage to the extent pe.r~ by law. 36. Dis(hame of Mortoaoe. If the Note and all other sums payable under this Mortgage and the Agreement shall have been fully paid, the credit provided by the Note and Agreement shall have been terminated, and the Mortgagor and other Borrower shall have complied with all the terms, conditions and requirements hereof, and of the Agreement, then, upon the ,.vrltten request and at the expense of the Mortgagor, the Mortgagee will execute and deliver such proper instruments of release and discharge as may reasonably be requested to evidence the defeasance, release and discharge of this Mortgage. The lien, security interests and rights granted to the Mortgagee herein shall continue in full force and effect until expressly released by Mortgagee, notwithstanding the termination of the line of credit provided by the Note and Agreement or the fact that the Loan Account may from time to time be in a credit position. 37. Recordation. The Mo~gagor, at its expense, shall cause this Mortgage, any ~nstruments supplemental hereto, and financing statements, including all necessary amendments, supplements and appropriate continuation statements, to be recorded, registered and filed, and to be kept recorded, registered and Bled, in such manner and in such places as may be required in order to establish, preserve and protect the lien of this Mortgage as a valid, first mortgage lien on all real property and fixtures included in the Mortgaged Property and a valid, perfected first priority security interest in all fixtures included in the Mortgaged Property (including in each such case, without limitation, any such properties acquired alter the execution hereof). If requested by the Mortgagee, but in each case not mare than once in each calendar year, the Mortgagor, at its expense, will furnish the Mortgagee an opinion of counsel satisfactory to the Mortgagee specifying the action required and taken by the Mortgagor to comply with this Section 37 since ~he date of this Mortgage or the date of the most recent such opinion (or stating that no such action is or was necessary) and specifying all action which will be required to be taken in the next succeeding twelve (12) month period. 38. Further Assurances. Mortgagor w~l properly execute and deliver, or cause to be executed security agreements, financing statements, assignments of leases now existing or hereafter entered into. tmnsfem and such other assurances as the Mortgagee shall require for better assuring~ modgaging, pledging, assigning and confirming unto the Mortgagee all and singular the Mortgaged Property and the tilie thereto. 39. ~gi~. The Modgagor, within ten (10) days after ',vfittan mqueet from the Mortgagee, shall furnish a v~itten statement, duly ecknov,'ledged, setting forth the unpaid principal of, and interest on the indebtedness secured hereby, and whether or not any offsets or defenses exist against the obligaticns of Mortgagor or any Borrower to pay such principal and interest. 40. Amendments. Chan_oes and Modifications. Except as othenvtse provided in this Mortgage, this Mortgage may not be elfaclively amended, changed, modified, altered or terminated without lime prior written consent of lime Modgagee. If the payment of the indebtedness secured by this Mortgage, or any part thereof, be extended or varied, or if any part of the security or guaranties therefor be released, then all persons now or at any t~e he,salter raae theme, or intemstt~ in the Mortgaged Property, shall be held to assent to such extension, variation or release and their liability and the lien of this Mortgage and al{ provisions hereof shell continue in full force and effect. The right of recourse against all such parsons is expressly reserved by Mortgagee, notwithstanding any such extension, variation or release. Any person, firm or 18 OR: 2367 PG: 0065 corporation taking a junior mortgage, or other lien upon the Mortgaged Prcoerty or any ~.~= .. ~h ~r ,of or any interest therein, shall take said lien subject to Ihe rights of Mortgagee to amend, modify, extend .... ".;lease this Mortgage. the Agreement or any other document or instrument evidencing, securing or gu,-..=,ntying the indebtedness secured by this Mortgage. in each and every case without obtaining the consent ut' ~e holder of such junior lien and without the lien of this Mortgage losing its pdodty over the rights of any such junior lien. Any acceptance by the Mortgagee of part payment of any installment of principal or intere~, or both, or part performance of any covenant, or delay by mortgagee for any pedod of lime in exercising the option to accelerate any indebtedness evidenced by the Note or secured by this Mortgage shall not operate as a waiver of the dght to exercise such option to accelerate such indebtedness. 41. Govemina Law. This Mortgage shall be deemed to be made under the laws of the Stat~ of Florida and for all purposes shall be governed by and construed in accordance wilh the laws of the State of Flodda. 42. ~ This Mortgage shall inure to the benefit of and be binding upon the Mortgagor, ils successors and assigns, and the Mortgagee, its successors and assigns, provided that Mortgagor may not assign Ia) any of Mortgagors rights and benefits under this Mortgage. or (b) any of the Mortgaged Property, without the prior written consent of the Mortgagee. 43. .~,~J;~;ijJj~. If any term or provision of this Mollgage. or the opera,on thereof, shall be hek:l to be invalic~, illegal or unenforceable, the validity of the remaining provisions hereof, and the operation thereof. shall in no way be affected thereby, each of whlch shall be deemed to be effaclive to the ~ull extent permitted by law. 44. ~;}t~. The captions or headings herein shall be solely for convenience of reference and in no way define, limit or desc~be the scope or intent of any provisions or seclions of this Mortgage. 45. ~ This Mortgage may be executed in any number of counteq~auls, each of which shall be regarded as an origisal and all of which shall constitute but one and the same instrument; it shall not be necessaq~ in proving this Mo~gage to produce or account for mom lhan one such counterpart, or a copy hereof car0rmd by lhe appropriate recording officer. 46. Joint and Several I i:~h!li~. If Mortgagor consists of more than one party, each of the undersigned shall be joinlfy and severally liable for the performance of all of the obligations, covenants and agreements Of lhe Mortgagor contained herein. 47. No Setoffs. Mortgagor acknowledges that the indebtedness secured hereby was incurred in good faith for full value received, and the Mortgagor has no defenses, setoffs or counterclaims lhemto. 48. Deflnitiorl~. Whenever in this instrument the context so admits or requires, the terms "Mortgagor' and "Mortgagee" shall be construed as including their mspecliva heirs, legal representatives, successors and assigns, as the case may be (provided, however, that nothing herein shall be construed to permit the assignment of Ibis Mortgage by Mortgagor. and the pronoun as used herein to refer to either Mortgagor or Mortgagee in the third person, singular number and masculine gender, shall be construed as meaning the person, number and gender appropriate to the first designation to the respective parties hereto. 49. [Intentionally Deleted~ 50. Waiver of Jury Tri.~l~ THE UNDERSIGNED WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, OR RELATED TO, ANY ASPECT OF THE TRANSACTION IN CONNECTION W/TH WHICH THIS DOCUMENT IS BEING GIVEN OR ANY DOCUMENT EXECUTED OR DELIVERED IN CONNECTION WITH SUCH TRANSACTION. THIS WAIVER ;S KNOWINGLY, 19 OR: 2367 PG: 0066 iNTENTIONALLY AND VOLUNTARILY MADE BY THE UNDERSIGNED AND THE UND~ · ~,.'.tGNED ACKNOWLEDGE THAT NO ONE HAS MADE ANY REPRESENTATIONS OF FACT TO INDUCt~ THIS WAIVER OF TRIAL BY JURY OR IN ANY WAY TO MODIFY OR NULLIFY ITS EFFECT. THE UNDERSIGNED FURTHER ACKNOWLEDGE HAVING BEEN REPRESENTED IN CONNECTION WITH THE TRANSACTION WITH RESPECT TO WHICH THIS DOCUMENT IS BEING GIVEN AND IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL, SELECTED BY THE UNDERSIGNS' OWN FREE WILL, AND THAT THE UNDERSIGNED HAVE HAD THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH SUCH COLJNSEL THE UNDERSIGNED FURTHER ACKNOWt. EDGE HAVING READ AND UNDERSTOOD THE MEANING AND RAMIFICATIONS OF THIS WAIVER PROVISION. IN WITNESS WHEREOF, this instrument has been signed and acknowledged this ~.... day of November 1997. Signed and Acknowledged in the Presence of:. ~ Pj~l~ame ./~'~o~ ~. Print Name t~ 0-~ ,,~1_. STATE OF FLORIDA COUNTY OF BROWARD MS TEP EMBASSY, LP., a Delaware limited parthem/~ By: Prin[~l~Cam~ A ,. The,ferggoing instrument was acknowledged before me this ~ day of November 1997 by d~tL,.~ J~l~_i~q P-. as the Managing Member of TEP LANDCO. INC., a Delaware limited liability c~mpany, Ifie general partner of MS TEP EMBASSY, LP., a Delaware limited partnership on behalf of the partnership. He is personally known to me or produced as identification.. Notary Pubtic-Stote of Florida 2O OR: 2367 LaG: 0067 ~ DESCRIPTION T~act Q, EMBASSY WOODS GOLF AND COUNTRY ,,C, LUB AT BRETONNE PARK. J: ~ASE ONE. according to the Plat thereof, recorded in Plat Book 17, Pages 47 through 49, inclusive, Pub. ~,. ~ecords of Collier County, Florida. AND Tract E and Tract J, EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE TWO, according to the Plat thereof, recorded in Plat Book 17, Pages 73 through 76, inclusive, Public Records of Collier County, Florida. AND A parcel of land lying in Section 5, Township 50 South, Range 26 East, Collier County, Florida, more particularly described as follows: CO .MMENCE at the Southwest comer of Section 5, Township 50 Sourly, Ran e 2 East, ' , · o me r~ormwest comer of EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARKt PHASE TWO, recorded in Plat Book 17, PaRes 73 through 77, inclusive, o,f th.e. Public ,Re?.rds. o.f Collier County, F/?rid~; a,n?, the POINT OF BE~;INNING of the following aescn~ i~rccl Briand; thence continueN 00 40 52 W for 825 05 feet to a L~oint on the Southom ri bt .orway. l/.e of..Rad, i? R,o,a_d (.C.R..856); th,e. nce .mn 89_' 36' 26'_' E nlon~ said right o,f,w,a~,,line for 2631.63 ~eet LOG pg_ snt on me r~orm/~oum ~uarter Ime Bt said :~ection 5; thence run S 00° 57 10" E along said _quarter gn..,e,-~for,~7.6.g~?.,fe..et.t...o ..a..p~ i. Ln~t.b..e.ing_t.h_e..No,.fl,,h.east comer o.f said EMBASSY WOODS GOLF AND ~"-~L~-?LUlSbou.d A/15.K~.',IcONNI6 ..... FA_R_K_, P.~ASE TWO; tllence run S 89* 02' 50" W alga smd' Plat .... ~.~y .fo?. 1385.22 feet, thence run S 75 46 52 W for 549.13 fe~t; thence S g9° z_~z_ _~_t_~_t; mence run N 57° 05' 34" W for 235 05; f~t thence run S 89~ 02' 'm"ru~n PUINT OF BEGINNING. · ............. AND Tract A, EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE, according to the Plat thereof, recorded in Plat Book 17, Pages 47 through 49, inclusive, Public Records of Collier County, Florida. AND Tracts R, S, T-I, T-2 and T-3~ EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE ONE, according to the Plat thereof, recorded in Plat Book 17, Pages 47 through 49, inclusivo, Public Records of Collier County, Florida. AND Tracts G, R, T-3 and T-4, EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE TWO, according to the Plat thereof, recorded in Plat Book 17, Pages 73 th,'ough 76, inclusive, Public Records of Collier County, Florida. (Elba E~vclopment Corporation) H ~ I 124~lD~iplim~oofi~N~polir~uili~LP Da t ,~'er. X D: D4:~ ~'D: DO ever (Permitted Encumbrances) Insurance Company. in fays' of Ohio ~,.~i~ ];~s Bank, as propose~ ~nsurea. oa;e~ .ovemoer~_ .~ . as amended by Endom~ments No. ~J'[~ .... 313o82.2 *** OP,: 236 PG: 0012 Restrictions, Dedications and Easements as shown on the Plat of EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, pHASE TWO recorded in Plat Book 17, Page 73. Covenants, restrictions, conditions, reservations, easements, liens for assessments and other provisions set forth in "Master Declaration of Covenants, Conditions and Restrictions for EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK" recorded in Official Records Book 1550, at Page 602 and in allied instruments referred to in said restrictions. The aforementioned restaSctions have been amended by instrument(s) recorded in Official Records Book 1572, Page 1554, Official Records Book 1576, Page 2236, Official Records Book 1601, Page 564, Official Records Book 1719, Page 496 and Official Records Book 1773, Page 2270. Restrictions and Reservations affecting fights in oil, gas, mineral and other subsurface fights pursuant to that Warranty Deed recorded in Deed Book 30, Page 91 and Deed Book 31, Page 197 without right of entry. Easement(s) granted to Florida Cablevision Management Corporation, recorded in Official Records Book 1644, Page 1208. Utility easement granted to the Board of County Commissioners of Collier County, recorded in Official Records Book 1660, Page 927. Utility and Access Easement granted to the Board of County Commissioners of Collier County, recorded in in Official Records Book 1426, page 1720. (JMK Exceptions) H:.vto,.54~I ]24T~P~ai~lExc*p~ion~ExhBJMK AIA/~lgk COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMEIVF AND ENVIRONMENTAL SERVICES DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 ENGINEERING REVIEW SECTION December 29, 1998 Mr. John Asher, P.E. Coastal Engineering Consultants, 3106 S. Horseshoe Drive Naples, FL. 34104 Inc. Re: Glen Eagle Phase Three & Harvard Court Dear John: 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 3.2.6.5.2. All water and sewer facilities approved and 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 adopt a resolution giving final approval of the required improvements, acknowledging the dedication(s) of the final subdivision plat and 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, John R. Houldsworth ~view 8St~,ha~tlrey Nix~) 403-2400 ~ ~ (94 ] ) 403-2440 Housing & urban Improvement (941) 403-2330 Natural Resources Planning Services Pollution Control (941 ) 732-2505 (941) 403-2300 (941) 732-2502 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION December 29, 1998 David H. Farmer Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 Re: Glen Eagle, Phase 3, Harvard Corut Dear Mr. Farmer: 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 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, Shirley N-i~~ Engineering Technician II cc: Ed Finn, Interim Wastewater Director Paul Mattausch, Water Director Cindy Erb. Public Wgrk;~ Building RevicwJ&lflanl~Illltltdsworth, F_l~in~t-il'~oReview Code Enforcement (941 ) 403-2440 Housing & Urban Improvement (941) 403-2330 Natural Resources Planning Services Pollution Control (941) 732-2505 (941 ) 403-2300 (941) 732-2502 COASTAL ENGINEERING CONSULTANTS INC Coastal Engineering Civil Engineering Survey Environmental Real Estate Appraisal October 26, 1998 Mr. Thomas Kuck, P.E. Senior Project Manager Engineering Collier Review Services 2800 North Horseshoe Drive Naples, Florida 34104 Glen Eagle, Phase Three, Embassy Woods Boulevard & Harvard Court Utility Dedication Engineer's Payment Confirmation Collier County Conveyance Document Checklist, Legal Documents Item 16 CEC File No. 97.508 Dear Mr. Kuck: Coastal Engineering Consultants, Inc. Confirms receiving payment for our services to date on the subject project. As of this date, no monies are outstanding from the owner (client). Sincerely, COASTAL ENGINEERING CONSULTANTS, INC. SJB:mf ar.. IDA TA 197508iKuck - Payment Confirmation. doc 3106 S. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (941) 643-2324 · FAX (941) 643-1143 COASTAL ENGINEERING CONSULTANTS INC. HYDROSTATIC TESTING FOR PRESSURE MAINS Project Name: Glen Eagle - Phase 3 - ~" CEC File No.: Engineer of Record: John P. Asher, P.E. 97.508 Date of Test: CEC Observer: 10-8-98 Sal Bucolo Test Pressure: 161 P.S.I. Utility Co. Observer: Steve Wander Contractor Representative: Bill Jensen Description of Line Tested: Water Main - Harvard Ct. - Tract "O" CALCULATION OF ALLOWABI,E LEAKAGE PER ONE (1) HOUR: Formula = (Length of pipe, feet) x (diameter of pipe, inches) x x/(test pressure, PSI) + 133,200 (550')x( 8" )x~](161 )+133,200 = 0.4 Gallons ( )x( )x4( = RESULTS OF TEST: ) + 133,200 Total Gallons 0.4 Gallons Length of Test: 2 Hours Allowable Leakage: 0.8 Gallons Start Time: 9:00 a.m. Pressure at Start of test: 161 P.S.I. End Time: 11:00 a.m. Pressure at End of test: 159 P.S.I. NOTE: Anytime the gauge pressure falls 5 P.S.I. from the initial starting pressure during the test, the test shall "FAIL". Amount of water required to bring pressure up to beginning pressure: Test Results: X Passed n/P2/Asher, P.E. Coattail Engineering Consultants, Inc. Failed Date Gallons llCECIENGIDATAI975081Hydraulic Testing for Pressure Mains-2. doc COASTAL ENGINEERING CONSULTANTS INC. HYDROSTATIC TESTING FOR PRESSURE MAINE Project Name: Engineer of Record: Date of Test: CEC Observer: Utility Co. Observer: Contractor Representative: Description of Line Tested: Glen Eagle - Phase 3 - ~ CEC File No.: John P. Asher, P.E. 10-8-98 Test Pressure: 105 Sal Bucolo Steve Wander Bill Jensen Force Main 97.508 P.S.I. CALCULATION OF ALLOWABLE LEAKAGE PER ONE (1) HOUR: Formula = (Length of pipe, feet) x (diameter of pipe, inches) x ~ (test pressure, PSI) + 133,200 ( 1060' ) x ( 8" ) x x/( 105 ) + 133,200 = 0.7 Gallons ( ) x ( ) x x/( ) + 133,200 = Gallons RESULTS OF TEST: Total = 0.7 Gallons Length of Test: 2 Hours Allowable Leakage: .40 Gallons Start Time: 8:55 a.m. Pressure at Start of test: 105 P.S.I. EndTime: 10:55 a.m. Pressure at End of test: 104 P.S.I. NOTE: Anytime the gauge pressure falls 5 P.S.I. from the initial starting pressure during the test, the test shall "FAIL". Amount of water required to bring pressure up to beginning pressure: Test Results: X Passed Failed j ~ o~Asher, P.E. Date Co~3dl Engineering Consultants, Inc. Gallons ~ ICEC~ENGIDA TA ~9 75081Hydraulic Testing for Pressure Mains-3. doc Lavv~on Chiles Governor Department of Environmental Protection South District P.O. Box 2549 Virginia B. Wetherell Fort Myers, Florida 33902-2549 Secretary December 3, 1998 Charles M. Black, Vice President Transeastern Properties, Inc. 3300 North University Drive, Suite 1 Coral Springs, Florida 33065 Re' Collier County - PW Glen Eagle Golf & CountD, Club Phase III - Harvard Court Final Completion (Collier County Regional WTP) DS 11-206304 Dear Mr. Black: This acknowledges receipt of certification that the subject water distribution system extension has been completed in accordance with the plans and related materials permitted by this agency under Permit Number DS 11-206304 dated January. 14, 1992. Based on this certification and satisfactory bacteriological results, we are approving these facilities for service under the following conditions: If the bacteriological samples were collected prior to replacement of the temporary backflow preventer or temporary construction meter with a final connection, then additional bacteriological sampling is required. Upon completion of the final connection, collect a bacteriological sample immediately downstream of the connection and submit the bacteriological results to the Department. Immediate service can be provided ifa precautionary boil water notice is issued for areas down stream of the connection, until one day of satisfactory bacteriological results have been obtained (Two consecutive days of satisfactory bacteriological results are required following any unsatisfactory result). Please note that the above referenced permit expired on January 14, 1997. Any future construction on this project will require a new permit from the Department. Your continued cooperation in our water supply program is appreciated. Sincerely, Gary. A. Maier Professional Engineer GAM/MJH John P. Asher, P.E. Paul E. Mattausch Printed on recycled paper. Lawton Chiles Governor Department of g_OLLt[R ~NTY Environmental Protectioh g8 DEC 21 /~! I0:36 South District P.O. ~x 2549 Vi~inia B. We~erell Fo~ Myers, Florida 33902-2549 S~ December 187 1998 Timothy L Clemons Collier County Public Works 3301 East Tamiami Trail Naples Florida 34112 Re.' Collier - DW/CS Glen Eagle Golf & Countw Club $2258-020-DWC (South Regional WWTP) Dear Mr. Clemons: We have received a certificate of completion of construction dated, November 24. 1998 submitted by John P. Asher P.E. of Coastal Engineering Consultants,Inc. for the project authorized by the above permit number. Accordingly. the wastewater collection/transmission system may be placed into service. Sincere~ Section Manager HWY/jmo cc: John P. Asher "Protect, Conserve and Manage Florida's £nvironmenr and Natural Resot~rces" Printed on recycled paper. WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the sum of: Ten Dollars and No Cents ($10.00) hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to: Transeastern Properties on the job off Embassy Boulevard and Harvard Court to the following property: Legal Description: According to the plat recorded in plat book 30, pages 21-23, recorded in OR book 2452 pages 1359 & 1360 of the public records of Collier County, Florida. This waiver and release does not cover and retention or labor, services or materials furnished after the date specified. For Final Acceptance of Water and Sewer Facilities Dated on November 25, 1998 Lienor: JB2qSjUNDER~G~ )~ID UTILITIES, INC. P' .'3iag_~lley Jensen( ] ' ' Title: Secretary/Trea~/rer STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on November 25, 1998 by Kelley Jensen as Secretary/Treasurer of JENSEN UNDERGROUND UTILITIES, INC. a Florida Corporation, on behaff of the corporation. She is personally known to me and did take an oath.~~ -/- Print: L' a . {.~an State of Florida at Large ISeal) UND^ J. ~INI uy Conmssion ExpiresI . ._Cornm~lcw~ # CC7868;'0 NOTE: This is a statutory form prescribed by Section 713.20, Florida Statutes (1'991Y). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form State of Florida Department of Health Office of Laboratory Services JacksonvilLe, Miami, PensacoLa Tampa, West PaLm Beach DRINKING WATER BACTERIOLOGICAL ANALYSIS ~R LAB USE ONLY Press hard, (5) copies SYSTEM NAME: SYSTEM I.D. NO: SYSTEM PHONE #: ADDRESS: COUNTY: DISTRICT: COLLECTOR: COLLECTOR PHONE #: SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: TYPE OF SUPPLY(Circle one):"Community water syste~ Noncorr~nunity water system Nontransient - noncommunity water system '"P~ivate well ~i~ming pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement Main clearance Well survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health unit TO BE COMPLETED BY COLLECTOR OF SAMPLE TO BE COMPLETED BY LAB ANALYSIS METHOD; MF MTF MMO-MUG PA COLL. SAMPLE POINT Cl NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COL! SAMPLE NUMBER * Results in this column are presumptive. P - Coliforms are present A - Coliforms are absent Total coliform and fecal coliform or E. coli confirmation will follow in 24-48 hours. C - Confluent growth TA - Turbid, Absence of gas or acid TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES State of FLorida Department of Health Office of Laboratory Services Jacksonville, Miami, Pensacola Tampa, West Palm Beach DRINKING WATER BACTERIOLOGICAL ANALYSIS R LAB USE ONLY Press hard, (5) copies SYSTEM NAME: SYSTEM I.D. NO: SYSTEM PHONE #: ADDRESS: COUNTY: D I STR I CT: COLLECTOR: COLLECTOR PHONE #: SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: ~ , TYPE OF SUPPLY(Circle one),=.' CommUnity w~t~r system~ Noncommunity water system Nontransient - noncommunity water system Private wet[ Swimming pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat RepLacement~ Main clearance Well survey Other (Check Box) ........ - £ ] Distribution [ ] Check here if payment made [ ] Raw to county public health uni TO BE COMPLETED BY COLLECTOR OF SAMPLE TO, BE COMPLETED BY LAB ANALYSIS METHOD: ~ MF ) MTF MMO-M.UG PA COLL. SAMPLE POINT CI NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER * Results in this column are presumptive. Total coliform and fecal coliform or .coti confirmation wilt follow i 24-48 hours. P - Coliforms are present C - Confluent growth TA - Turbid, Absence of gas or acid A - Coliforms are absent TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES State of FLorida Department of Health Office of Laboratory Services Jacksonville, Miami, Pensacola Tampa, West Palm Beach DRINKING WA TER BACTERIOLOGICAL ANAL YSIS LAB USE ONLY SYSTEM NAME: ADDRESS: COLLECTOR: Press hard, (5) copies SYSTEM I.D. NO: SYSTEM PHONE #: COUNTY: DISTRICT: SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: : ! ~ , TYPE OF SUPPLY(Circle one):,:Fcoiflmunit~'wa~e~ system ~ Noncommunity water system Fd~[~[l ' S~i'~i~g pool Bottled water TYPE OF SAMPLE(CircLe one): Repeat RepLacement CompLiance (Check Box) [ ] Distribution [ ] Raw TO BE COMPLETED BY COLLECTOR OF SAMPLE COLL. SAMPLE POINT NO. (Specific Address) * Results in this column are presumptive. P - Co[iforms are present A - Co[iforms are absent COLLECTOR PHONE #: Nontransient ~ noncommunity water system Limited Use system Main clearanceS:, ~eLL survey Other [ ] Check here if payment made to county public health uni ANALYSIS NON COLIFORM *TOTAL ~0 BE COMPLETED BY LAB METHOD: { MF · MTF MMO-MLIG PA ~ONFIRM CONFIRM TOTAL FECAL E. COLI SAMPLE NUMBER Total coliform and fecal coliform or E~ coli confirmation will follow in C - Confluent growth TA - Turbid, Absence of gas or acid TNTC - Too numerous to count 24-48 hours. INVOICE ADDRESS (if different than address below): INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER NAM AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES State of Florida -.-~ Department of Health Office of Laboratory Services Jacksonvi [ re, #iami, Pensacota Tampa, t~est Palm Beach DRINKING WATER BACTERIOLOGICAL ANALYSIS LAB USE ONLY SYSTEM NAME: ADDRESS: COLLECTOR: Press hard, (5) copies SYSTEM I.D. NO: COUNTY: SYSTEM PHONE #: DISTRICT: COLLECTOR PHONE #: SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: ~,' ,' ; TYPE OF SUPPLY(Circle one) r ~mmun'ity water sy~celtr~ Noncommunity water system Nontransient - noncommunity water system .... PP~'~[! ....... S~'T~m)h~F~ pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement t. Main clearanc;"7? Well survey Other (Check Box) [ ] Distribution [ ] Raw [ ] Check here if payment made to county public health uni TO BE COMPLETED BY COLLECTOR OF SAMPLE TO BE COMPLETED BY LAB ANALYSIS METHOD: (~MF~ MTF MMO-MUG PA COLL. SAMPLE POINT Cl NON '~D-~'~IRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER s column are presumptive. Total coliform and fecal coliform or E. coLi confirmatio wilE follow in 24-48 hours. P - Coliforms are present C -ConfEuent growth TA - Turbid, Absence of gas or acid A - Coliforms are absent TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER NAMI AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORIVLATION ( ) REPEAT SAMPLES ( ) REPLACENENT SAMPLES UNDERGROUND UTILITIES INC. 5585 TAYLOR RD. o NAPLES, FL 34109 ° (941) 597-0060 ° FAX (941) 597-0061 VERIFICATION OF FINAL COST FOR WATER FACILITIES ACCEPTANCE PROJECT Harvard Court Harvard Court Naples, Florida QUANTITIES WATER 1 ea. 1 ea. 5 ea. 2 ea. 1 ea. 1 ea. 1 ea. 1 ea. 1 ea. 3 ea. 380 l.f. 150 1.f. 1 ea. SIZES 6" ENGINEER Coastal Engineering 3106 S. Horseshoe Drive Naples, FL 34104 DESCRIPTION GENERAL CONTRACTOR Trans Eastern Homes 1152 Goodlette Road N. Naples, Florida UNIT PRICE TOTAL COST Tie into Existing Valve $ 500.00 500.00 11 ½o Bend 250.00 250.00 22 ½o Bends 250.00 1,250.00 45© Bends 250.00 500.00 Tee 350.00 350.00 Gate Valve 420.00 420.00 Fire Hydrant 900.00 900.00 Tapping Sleeve & Valve 3,200.00 3,200.00 Temporary Blowoff 600.00 600.00 C-900 DR 14 10.00 30.00 C-900 DR 18 11.00 4,180.00 C-900 DR 14 12.00 1,800.00 Permanent Bacteriological Sample Point 1,600.00 1,600.00 WATER - TOTAL COST: $15,580.00 CERTIFIED UNDERGROUND UTILITY: CU C044996" FIRE SPRINKLER CONTRACTOR V: 117961000192 UNDERGROUND UTILITIES INC. 5585 TAYLOR RD. o NAPLES, FL 341 09 o (941) 597-0060 o FAX (941) 597-0061 VERIFICATION OF FINAL COST FOR WATER FACILITIES ACCEPTANCE PROJECT Embassy Woods Blvd. Embassy Woods Blvd. Naples, FL ENGINEER Coastal Engineering 3106 S. Horseshoe Drive Naples, FL 34104 GENERAL CONTRACTOR Trans Eastern 1152 Goodlette Road N. Naples, FL 34102 QUANTITIES SIZES DESCRIPTION UNIT PRICE TOTAL COST SEWER 1 Lift Station 50,000.00 50,000.00 5 Sanitary Manhole 2,100.00 10,500.00 1005 L.F. 8" PVC (SDR 35) 18.00 18,090.00 1 8" x 6" Wyes 60.00 60.00 7 Tee Wyes 60.00 720.00 9 Cleanout Assembly 120.00 1,080.00 410 L.F. 6" PVC (SDR 35) 9.00 3,690.00 SEWER JOB TOTAL 84,140.00 FORCE MAIN 880 L.F. .4" PVC C-900 DR 18 6.00 5,280.00 110 L.F. 4" PVC C-900 DR 14 7.00 770.00 21 45° Bends 200.00 4,200.00 5 Air Releases 1,800.00 9,000.00 1 4" Sleeve 200.00 200.00 FORCE MAIN JOB TOTAL 19,450.00 CERTIFIED UNDERGROUND UTILITY: CU CO44996 · FIRE SPRINKLER CONTRACTOR V: 117961000192 COASTAL ENGINEERING CONSULTANTS INC Coastal Engineering Civil Engineering Survey Environmental Real Estate Appraisal October 26, 1998 Ms. Shirley Nix Project Review Services Collier County Development Services 2800 N. Horseshoe Drive Naples, Florida 34104 Glen Eagle, Phase 3, Embassy Woods Boulevard & Harvard Court CEC File No. 97.508 Dear Shirley: I hereby certify that to the best of my knowledge and belief that all of the water main and waste water gravity main facilities within the subject project are located within the platted Right-of- Way, or Collier County Utility Easements (C.U.E). Coastal Engineering Consultants, Inc. SJB:mf JADATA~975081Nix - Water Mains. doc 3106 S. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (941) 643-2324 ° FAX (941) 643-1143 5585 TAYLOR UNDERGROUND UTILITIES INC. RD. o NAPLES, FL 34109 o (941) 597-0060 ° FAX (941) 597-0061 October 15, 1998 David Farmer Coastal Engineering 3106 S. Horseshoe Drive Naples, FL 34104 RE: One Year Warranty - Harvard Court The undersigned warrants all its work performed, and all the materials and equipment fumished, in connection with the above referenced project to be free from all defects in material workmanship for a period of one (1) year from the date of acceptance by the Board of Commissioners. Additionally, the undersigned agrees to remedy all defects arising within that period at its expense. The term "defects" shall not be construed as embracing damage arising from misuse, negligence, acts of God, normal wear and tear or failure to follow operating instructions. BY: Kev~sen TITLE: President CERTIFIED UNDERGROUND UTILITY: CU CO44996 · FIRE SPRINKLER CONTRACTOR V: 117961000192 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date Payment Slip Nbr 122658 03/26/1999 7:58:25 AM 03/26/1999 UT 50796 JENSEN UNDERGROUND CH #14216 HARVARD CT GLEN EAGLE WO#17205/15122/124§8/12467 DOR274 Payor' JENSEN Fee Information Fee Code 42CYIN Description COUNTY INVOICES GL Account 40800000011510000000 Total Amount Waived $289.19 $289.19 Payment Code CHECK Memo: JENSEN UNDERGROUND 5585TAYLOR RD NAPLES, FL34109 Payments Account/Check Number 14216 Amount $289.19 Total Cash $0.00 Total Non-Cash $289.19 Total Paid [ $289.19 Cashier/location: GARRETT_S / 1 User: FROLOFF_E Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:03/26/1999 7:58:44 AM Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 122661 IDate 03/26/1999 7:59:58 AM Post Date 03/26/1999 Payment Slip Nbr UT 50801 JENSON UNDERGROUND CH # 14216 HARVARD CT GLEN EAGLE DOR288 WO# 12486 Payor' JENSEN Fee Information Fee Code 42CYIN Description COUNTY INVOICES GL Account 40800000011510000000 Total Amount $48.30 $48.30 Waived Payment Code CHECK Payments Amount $48.30 Account/Check Number 14216 Total Cash $0.00 ] Total Non-Cash $48.30 Total Paid I $48.30] Memo: JENSON UNDERGROUND 5585TAYLOR RD NAPLES, FL34109 Cashier/location: GARRE'rT_s / 1 User: EMERSON_K Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:03/26/1999 8:00:20 AM Official Receipt - Collier County CDPR1103 - Official Receipt Board of County Commissioners Trans Number 1 Date t Post Date ! Payment Slip Nbr 102513 ,11/03/1998 11:53:18 AM 11/03/1998 i UT 44625 TRANSEASTERN PROPERTIY OF SOUTH FLORIDA 915 EASTHAM Payor · TRANSEASTERN PROP Fee Information Fee Code 42CYIN Description COUNTY INVOICES IGL Account 40800000011510000000 Amount Waived $269.28 Total $269.28 PaymentCode 'CHECK Payments AccountJCheck Number 12582 Amount CHECK 12583 CHECK 12581 CHECK 12580 $67.32 $67.32 $67.32 $67.32 Total Cash $0.00 Total Non-Cash $269.28 Total Paid i $269.28 Memo: TRANSEASTERN HOMES 9514 EMBASSY WOODS BLVD E NAPLES, FL 34104 DOR126 10/12/98 CK125802/12581/12582/12853 WO 16959 Cashier/location: FROLOFF_E / 1 User: PA'I-I'ERSON F Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:l 1/03/1998 11:54:50 AM EAST NAPLES pREVENTiON' BUREAU 4977 East Tamiami Trait Naples, Florida 34112 NA,~., TO: COASTAL ENGINEERING FROM: RE: LEO DAVIS, CAPTAIN HYDRANT OWNERSHIP AND MAINTENANCE DATE: DECEMBER 30, 1998 Dear Gentlemen: The' East Naples Fire Control and Rescue District agrees to accept ownership and maintenance of the hydrant located at: · GLEN EAGLE PHASE III HARVARD COURT (ONE HYDRANT) This ownership and maintenance agreement shall not in any way be construed to alleviate the owners, developers, contractors, etc.., from any liability for damages that may occur subsequent to this agreement as a result of faulty equipment, installation and/or damage by construction vehicles. Furthermore, the water supply to these hydrants shall not be disconnected at any time hereafter without notifying the East Naples Fire Department. Should you haVe any questions, please contact me at 774-2800. Sinc.erely, Leo Davis Captain FAX: (941'1 774-3 PH: (941~ 774.2800 Dec-22-98 01:05P P.02 OFFICE OF THE FIRE MARSHAL East Naples Fire Control and Rescue District FlEE HYDRANT FLOW TEST INVOICE Date Tested: 12/1 COASTAL Rea_uested By: 2nd Request By: 3rd Request .. 4th Request By: S_oecifi~ L0(;:{ati0n: HARVARD , Static Pressure: 82 Time; ENGINEERING Tested By: Biondo Date: 12/17/98 Date: CT (GLEN EAGLE) Hydrant #: Date: Date: Fire Flow @ 20 psi Residual Main Pressure: 736 Gpm Inspection Fee Payment Method Check No $35.00 Check 39198 Date Eec'vd 12/17/98 4977 E Tamiami Tr. / Naples, FL 34113 / (813) 774-2800 I FAX (813) 774-3116 12,,22 '98 12:58 COASTAL ENGINEERING CONSULTANTS INC. SANITARY SEWER INFILTRATION TEST CERTIFICATION Project Name: Engineer of Record: Date of Test: CEC Observer: Utility Co. Observer: Contractor Representative: Description of Line Tested: Glen Eagle Golf& Country Club CEC File No.: 97.508 Phase III, Embassy Woods and Harvard Court John P. Asher, P.E. November 11, to November 16, 1998 Sal Bucolo Randy Casey (Collier County) Dan, Jensen Underground Sewer Main CALCULATION OF ALLOWABLE INFILTRATION PER 24 HOURS: Formula: ( 1,176 ) ( ) (Length of pipe) / 5280' x (diameter of pipe) x 50 gal/day (in feet) (in inches) / 5,280' x ( 8 ) x 50 gal/day /5,280'x( )x50gal/day __ units (occupied) x __ bldg. ( units) w/ gal/day Total RESULTS OF TEST: Length of Test: 72 hour(s) Calculation of Actual Infiltration: Neglibible Test Results: x Passed Johja45/Asher, P.E. C~al Engineering Consultants, Inc. Failed = 89 Gallons = Gallons = Gallons = Gallons = 89 Gallons Allowable Infiltration: 29 Gallons/Day Date [[CEC[ENGIDATAI9750811nfiltration Test. doc _/_n_a~a~. ' ~~ COAL TAR .EPOXY C-200 ~' _ ~.T , . PAicrZi . BGGVSo ' H-~ To cur~_ ~: 24 ~ 4.';0 ~X~11~ 4,70 · COAL TAR EP~Y C-200 PRODUCT INFO~TION I,~n 4.70A COAL TAR EPOXY C-200 '' F~D~q : SU Z'JG6 P~ hQ. : 81:~336I - ' APPuO-ATIoN .L~LET~N 4.70A COAL TAR EPOXY C-200 Pn~'r Y ~ ~ P4~ Z M~V5O ~ VVI¢ mtl:. 1t.0-22.0 D,y a,~: 80 - t6.0 Z r~:~ure lho~- FROM : GIFFORD ELE-CTRICF~8:0[ 86, /.[/~[~MONE ti0. : i 94~ 627 3835 Dec. t6 i999 09:52Pf,~ ~3 ~IFFORD ELECTRICAL DESIGNS. INC 27~27 Mmm. la~ Puma Gayla, Florida 3~983 D~c~lnt~r 16, 199~ ?op~: vo~ ~~ 2-?.5 lip 230V 3phss~ ~ =Vd CM 3% of 230 Volts (in vol~) lO.4. X 44 X 45' X l.Tq 52620 C M (#~ 35624 = .68 Vd 52620 ~O'd TgO0 L6S T~6 ONnO~9~3ONn N]SN~ VgO:TT 86-£T-oeO 2152 SPRINT BLVD. APOPKA, FL 32703 (407) 886-3131 5661 DIVISION DRIVE FORT MYERS, FL 33905 (941) 693-5226 DIVISION OF ELLIS K. PHELPS & CO. RESPOND TO: i'-I 1100 53RD COURT SOUTH MANGONIA PARK WEST PALM BEACH, FL 33407 (561) 848-2299 PUMP STATION START-UP REPORT JOB NAME EMBASSY WOODS GOLF & CC PH 3 OPERATOR LOCATION OF INSTALLATION Naples, FL CONTRACTOR Jensen Underground DESIGN CONDITIONS: GPM__ PUMP MODEL CP3127 H.P. 7.5 IMPELLER 436 VOLTAGE 230 PHASE SERIAL NUMBER #1 180-9830082 #3 MANUFACTURER OF CONTROL OVERLOAD HEATER # B-36 ALTERNATOR TESTED YES COMMENTS: 124 AIRPORT PARK DR. SAVANNAH, GA 31408 (912) 966-1866 Collier County TDH 3 #2 180-9830081 #4 QCI SERIAL # 07-98-05 L/A CONNECTED YES GROUND CONNECTED Meter #5J02651 YES Ail 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 24~ ~. t0'C A to G 123 B to G AMPERAGE CHECK: #1 14 A 12 B ~2 14 A 13 B #~ A B TO GROUND 245 A to C 247 212 A to G 123 12 C PHASE 12 C PHASE C PHASE PUMPS SEATED PROPERLY FIELD TEST PERFORMANCE TEST: #1 169 GPM TDH #2 159 GPM #3 GPM TDH #4 GPM I certify this report to be accurate: Official Start-Up Date: 11/13/98 YES OPERATOR HAS RECEIVED INSTRUCTION MANUAL YES TDH BOTH GPM TDH .~ D~H B~TH GPM TDH / 25 123 SECONDARY Fax:9415911611 Mar 31 '99 14:50 P. 01 )ATE OF REVIEW: 9-18-98 'ROJECT NAME: .... GLEN EAGLE, ~,,HASg 3t HARVARD COURT (South) /~GINEER OF RECORD: ' :ONSTRUCTION CONTRACTOR:. 'IDEO CONTRACTOR:.. .~_~.T.A.N. ~nc_ !OM~4ENTS: Dimpl~ in J ~ n~. at 68 ft- Manhol~ 2~4 4~o 2~ ... Dimple in line a~ 79.2 f~. Manhole 32 to 32 ~COMMENDATIONS: ~--~ ACCEPTABLE: w--~YREVIEWNUMBE~D COMMENTS IN ONE YEAR:_See commen~ --~NUMBERED COMMENTS UNACCEPTABLE: (REPAIR/REPLACE) ~OTHER RECOMMENDATIONS: David ~. F~tts COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION November 20, 1998 Mr. David Farmer Coastal Engineering Consultants 3106 S. Horseshoe Drive Naples, Florida 34104 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 RE: Glen Eagle, Phase 3A, Water and Sewer Dear Mr. Farmer: A final inspection was conducted on the above referenced project by Randy Casey of the Engineering Review Section of the Planning Services Department, effective November 19, 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, Engineer Inspection Supervisor CF/rc/mk/fi\inspection form cc: Cindy Erb, Engineering Technician, Public Works Timothy L. Clemons, Wastewater Director, Utilities Paul Mattausch, Water Director, Utilities Evelyn Ferguson, D.O.R. Billing Supervisor Randy Casey,Engineering Inspector, Engineering Review Section Shirely Nix, Engineering Tech. II, Engineering Review Section File Building Review & Permitting Code Enforcement Housing & Urban Improvement (941 ) 403-2400 (941 ) 403-2440 (941) 403-2330 Natural Resources Planning Services Pollution Control (941) 732-2505 (941 ) 403-2300 (941 ) 732-2502