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Stonebridge/Tract HMEMORANDUM DATE: January 25, 1999 TO: Maureen Kenyon, Supervisor, Clerk to Board FROM: Shirley Nix, Engineering Technician II~2~ Project Plan Review RE: Stonebridge, Tract H Water and Sewer Facilities Acceptance Recording Fee Number 113-138312-649030 On L~,/ ~fl, ~ The Board of County Commissioners gra~te~ final acceptance of the water and/or sewer facilities within the above-referenced project. Attached, please find the following recorded, in order: 1. Bill of Sale 2. Utility Easement 3. Utilities Facilities Warranty Deed Also, please find attached the following documents for your files. o o Owner's Affidavit Attorney's Affidavit Copy of Utilities Performance Bond Copy of preliminary approval letter from Engineering Review Engineer's final payment confirmation Certification of pressure testing of water lines by Engineer of Record Certification of pressure testing of sewer lines by Engineer of Record Memorandum to Maureen Kenyon, Supervisor, Clerk to Board January 25, 1999 Page Two 10. Bacteriological clearances (DER certification) for water facilities DER Placement-in-Service letter for sewer facilities 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 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 Copy of backflow prevention assembly test report 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 22. Copy of pump station start-up report Memorandum to Maureen Kenyon, Supervisor, Clerk to Board January 25, 1999 Page Three 23. Copy of video tape test report 24. 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 25. One copy of utility easement 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 Count}' of Collier CLERK 01: THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES. FLORIDA 34101-3044 BRANCH OFFICES: GOLDEN GATE 4839 GOLDEN GATE PARKWAY GREENTREE SHOPPING CENTER 2386 IMMOKALEE ROAD IMMOKALEE 101 S. FIRST STREET MARCO ISLAND 1040 WlNTERBERRY DRIVE EVERGLADES CITY 207 BROADWAY AVENUE i C 3.4 0 2427450 OR: 2507 ?G: 0595 II, CORDeD in O~PICIAI. ~CO]tDS of COLLIE~ COU~T~, 01/29/99 at 08:ITAM D~IGHT N. B~OCK, CL~RK RIC ~H Retn: B#GI#HRI#G RIVIB# SIRVICH SHIRLS~ NIX INDHING 3LO0 1.O0 BILL OF SALE THIS BILL OF SALE evidencing the sale and conveyance of the water and sewer utility facilities described herein is made this ~2q'fa day of NIR¥ ., 1998 by TAYLOR WOODROW COMMUNITIES, a Florida General Partnership (hereinafter referred to "Seller"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS TIlE GOVERNING BODY OF COLLIER COUNTY AS EX-OFFICIO THE GOVERNING BOARD OF TIlE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Buyer"). WITNESSETH: That Seller, for and in consideration of the sum of Ten ($10.00) Dollars and other valuable consideration paid by Buyer, receipt of which is hereby acknowledged, does hereby grant, bargain and sell, transfer, set over and deliver unto Buyer, and Buyer's heirs, successors and assigns, 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 made a part hereof. Seller, for itself and its successors, hereby covenants to and with 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. Witnesses As to Seller TAYLOR WOODROW COMMUNITIES, a Florida general partnership MAHIS'AHI::! ~-. UUuL;rP'~ Printed Name of Witness Signature of Witness "~ Gail A. Shugart Printed Name of Witness Printed Name of V~itness ~ignature of Witness '-~ Gail A. Shu[lart Printed Name of Witness BY: BY: MONARCH HOMES OF FLORIDA, INC., neral partner (CORPORATE SEAL) TAYLOR WOODROW HOMES FLORIDA, INC., a Florida corporation, a general partner ~ R~ e~"s"s'~l~in -Its. President (CORPORATE SEAL) OR: 2507 0596 STATE OF FLORIDA COUNTY OF SARASOTA The foregoing instrument was sworn to and subscribed before me this ~¢F/~ day of /vi b3~' ., 1998, by JOHN R. PESHKIN, as President of both Taylor Woodrow Homes Florida, Inc., a Florida Corporation and Monarch Homes of Florida, Inc., a Florida Corporation, as the generaJ partners of TAYLOR WOODROW COMMUNITIES, a Florida General Partnership. who is personally known to me; or __ who has produced a Florida driver's license as identification Notary Public Typed, Printed or Stamped Name My Commission Expires: My Commission Number: This Instrument Prepared By and Return to: TAYLOR WOODROW COMMUNITIES Legal Department 7120 S. Beneva Road Sarasota, FL 34238 · ' ' EXtlIBIT "A" J':I./XNNEI.{.~, I{NVIIti.}NNIliNI'':,I. (:~,'JN,'-;III/I':\N'I :',, I!N{ ;INI!I!I,I.N, ,~IJIt,\"I.:YOI;,.'4, [..,\NI}.';I:AI'I: Al,il'ltl I I!t;l','4, (;,,~N.'.4 IIt, itt'l ttt, N ~'J..\N,-\t;l{It,?, Description ora Pump Station County Utility Easement, being a part ofTract H of Southampton Unit One, Plat Book 19, pages 92 through 103, Collier County, Florida (Braebum at Stonebridge, A Condominium) All that part or'Tract H of Southampton Unit One according to the plat thereof as recorded in Plat Book 19, pages 92 through 103, Public P, ecords of Collier County, Florida being more particularly described as follows: Beginning at the easter!ymost comer of said Tract H; thence along the boundary of said Tract H in the following twelve described courses: 1) South 27°00'00'' West 43.43 feet; 2) southwesterly 613.98 feet along the arc of a tangential circular curve concave to the northwest having a radius of 554.00 feet through a central angle of 63°30'00'' and being subtended by a chord which bears South 58°45'00'' West 583.04 feet; 3) North 89030'00'' West 89.15 feet; 4) southwesterly 286.72 feet along the arc of a tangential circular curve concave to the south having a radius of 3285.56 feet through a central angle of 05°00'00'' and being subtended by a chord which bears South 88°00'00'' West 286.63 feet; 5) South 85030'00'' West 345.30 feet; , 6) South 49°30'00'' West 129.84 feet; 7) South 89°15'00'' West 193.53 feet; 8) thence North 41 °24'52" West 66.71 feet; 9) thence North 09° 12'46" West 85.52 feet; 10) thence North 27°26'06" West 94.00 feet; 1 I) thence North 44°47'53" West 98.02 feet; 12) thence North 22°10'45'' West 141.83 feet; thence leaving tJ.,e boundary of said Tract H, southeasterly 46.44 feet along the arc of a non-tangential circular curve c~ncave to the south having a radius of 127.76 through a central angle of20°49'33" and being sublet, tied by a chord which bears South 76°50'12 TM East 46.18 feet; thence South 66o25'26" East 11.57 feet; thence North 21~58'58" East 54.02 feet; thence South 66' 25'26" East 9.93 feet to the Point of Beginning of the easement herein described; thence North 23~34'34'' East 30.00 feet; thence South 66'~25'26'' East 32.00 feet; thence South 23°34'34'' West 30.00 feet thence North 66~25'26'' West 32.00 feet to the Point of Beginning of the easement herein described; Subject to easemenls and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01°59' 12" West. WILSON, MILLER, BARTON & PEEK, INC. xL.a~ce T.k~ler, P.S.M.//5627 Certificate of aut]~'rl'zatk:n~LB-43. Not valid unless embossed with.the Professional's seal. Ref. 4.L-1.41 I WILSON, MII.I.F.I{, I~^ItTON ~ I'EI':K, IN(:, ~J ZOO IX~dlcy I.m~e, Suite ZOO, Nnple~, i:lorida 14 IO$-8507 ' l'h g41-64g-4040 Fx 941-64 L$716 I~011 ?.Ii $4 I.I~$1~MIr J"I...\NNI!RS, IiNVII~t'}NMI!N'I:\I (~.~tll I.\NIS,, I'.X,,I'..I I. NS, I~\'l{Yt'~l~.'q, J..,\NI,'-,..\l'l ,"'~l~('lllll liL:l''', [ ~'t'~NT'"ll~lq I1' '". ~J \?q''\l.~lil~'" Description of a Master Water Meter Cotlnly Utility [:_.asernent, being a part of Tract H o£Southampton Unit One, Plat Book 19, pages 92 through 103, Collier County, Florida (Braebum at Stonebridge, A Condominium) All that part of Tract H of Southampton Unit One according to tile plat thereof as recorded in Plat Book' 19, pages 92 through)103, Public Records of Collier County, Florida being more particularly described as follows: Beginning at the easterlymost comer of said Tract H; thence along the bouadary of said Tract H in the following three described courses: I) North 67°03'06" West 120.30 feet; 2) South 27°00'00'' West 34.93 feet; 3) North 63°00'0U' West 6.00 feet; thence leaving sai't Tract "H" southwesterly 30.84 feet along the arc of a non-tangential circular curve concave to tile northwest having a radius of 514.00 feet through a central angle of03°26'16" and being subtended by a chord which bears South 28°43'08" West 30.84 feet to the Point of Beginning of tile easement herein described; thence South 57°41 '43" East 20.24 feet; thence South 32°I 8'17" West 30.00 feet; thence North 57°41 '43" West 20.14 feet; thence northeasterly 30.00 feet along the are of a non-tangential circular curve concave to the northwest having a radius of 514.00 feet through a central angle of 03°20'41" and being subtended by a chord which bears North 32o06'36" East 30.00 feet to the Point of Beginning of the easement herein described; Subject to easements and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01%9' 12" West. WILSON, MILLER, BARTON & PEEK, 1NC. BY(LmJ~5627 Certificate of authorization//LB-43. Not valid unless embossed with the Professional's seal Rcf. 4L-1411. ! ["I.,~,NNEIt.q, Jz.N'v'II~,ONMF. NT,,\I. CON.'.:,UI.T,,\NT.'q, ~LIItVI:Y(.llt.~, ' -'"~'q( APl Description of a 48.00 foot wide ingress-egress easement Utility and County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92-103, Collier County, Florida (Braebum at Stonebridge, a Condominium) A 48.00 foot ingress-egress drainage, utility and County utility easement over and across all that part of Tract H of Southampton Unit One according to the plat thereof as recorded in Plat Book 19, pages 92 through 103, Public Records of Collier County, Florida, lying 24.00 feet on each side of the hereinafter described centerline being more particularly described as follows: Commencing at the easterlymost corner of said Tract H; thence along the boundary of said Tract H in the following three described courses: 1) North 67o03'06" West 120.30 feet; 2) South 27000'00" West 34.93 feet; . 3) North 63000'00" West 30.00 feet to the Point of Beginning of said centerline of easement herein described; thence leaving the boundary of said Tract H, southwesterly 61.06 feet along the arc ora tangential circular curve concave to the northwest having a radius of 490.00 feet through a central angle of 07°08'22'' and being subtended by a chord which bears South 30034' 11" West 61.02 feet to a point of reverse curvature; thence southwesterly 79.18 feet along the arc of a tangential circular curve concave to the . southeast having a radius of' 2000.00 feet through a central angle of 02016'06" and being subtended by a chord which bears South 33°00'19" West 79.17 feet to a point of reverse curvature; thence southwesterly 218.76 feet along the arc of a tangential circular curve concave to the northwest having a radius of 200.00 feet through a central angle of 62°40' 13" and being subtended by a chord which bears South 63°11'22" West 208.02 feet; thence North 85°27'31" West 184.19 feet; thence westerly 148.43 feet along the arc of a tangential circular curve concave to the south having a radiusi of 500.00 feet through a central angle of 17000'33" and being subtended by a chord which bears South 86002' 12" West 147.89 feet; thence South 7'1°31'56" West 273.99 feet; thence westerly 157.67 feet along the arc of a tangential circular curve concave to the north having a radius of 500.00 feet through a central angle of 18o04'02" and being subtended by a chord which bears South 86°33'57'' West 157.01 feet; thence North 84o24'02" West 193.45 feet; thence westerly 123.34 feet along the arc of a tangential circular curve concave to the south having a radius of 600.00 feet through a central angle of 1 l°46'41" and being subtended by a chord which bears South 89o42'37" West 123.12 feet; thence South 83°49' 17" West 75.52 feet; ?/'/5/~7 - W-O| I?03~9.MKS N-O [ U/-035-00 I-PSRMF WII.$ONI, MII.I.ER, BAI~.TON ~ PF.F.K, INC. 32OO Bailey Lane, Suite 2OO, Nnplen, Florida 3410%8507 ' Ph 941-649-4040 Fx 941-643-5716 Web Stye: wxvw. wils~mmlJlt'r.com ~-maiJ: nal~Je~wils~mmilJcr.cotn WI LSON M I L L E R Description ora 48.00 foot wide ingress-egress easement Utility and County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92-103, Collier County, Florida (Braebum at Stonebridge, a Condominium) (continued) thence northwesterly 127.48 feet along the arc of a tangent, ial circular curve concave to the north having a radius of 150.00 feet through a central angle of 48°41'33" and being subtended by a chord which bears North 71°49'56" West 123.67 feet; thence North 47029, 10" West 132.45 feet; thence northwesterly 66.10 feet along the arc of a tangential circular curve concave to the southwest having a radius of 200.00 feet through a central angle of 18°56'16'' and being subtended by a chord which bears North 56%7' 18" West 65.80 feet; thence North 66°25'26'' West 62.11 feet to the Point of Ending of said centerline of easement described; The sides of said easement shall be terminated along the westerly line of Braebum at Stonebridge, a Condominium and along the northerly line of said Tract "II". Subject to easements and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01°59'12" West. WILSON, MILLER, BARTON & PEEK, INC. Registered Engine/e}rs and Land Surveyors Lance T. Mille~. #5627 .Certificate of authorization #LB-43. Not valid unless e~nbossed with the Professional's seal. Ref. 4L-1411 Date N-OI I 7-035-001 -PgRM~' i 2427 51 OR: 2507 PG: 0602 RSCORDED in O~[I~IAL R~CO~ of COT%I~R ~OUliTI, BNGI#BBRIH~ IBVIB~ SHIRLB! HIX ~y~BXT 5586 INDBXING DOC-.70 33.00 1.00 .70 THIS EASEMENT granted this .~Tk day of'- ! ~ac p}~}I , 1998 by TAYLOR WOODROW COMMUNITIES, a Florida General Parmership (hereinafter referred to "Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee"). WITNESSETH~ That Grantor, for and in consideration of the sum ofTen ($10.00) Dollars and other valuable consideration paid by Buyer, receipt of which is hereby acknowledged, does hereby grant, bargain and sell to Grantee, its successors and assigns, a perpetual, non-exclusive easement, license and privilege to enter upon and to install and maintain those certain utility facilities in, on, over and under the following described lands being in Collier County, Florida, to-wit: See Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same unto Grantee and its assigns, together with the right to enter upon said land, excavate and take materials from same for the purpose of constructing, operating and maintaining thereon the subject utility facilities. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witnesses As to Grantor TAYLOR WOODROW COMMUNITIES, a Florida general partnership Signa~re~itness/ - [ MARG"A'RET E. BOUCHER Printed Name of Witness Signature of Witness Gall A. Shugad Printed Name of Witness Signattire <Jf.)Nitness' ~ MAROARET E, BOUCHER Printed Name of Witness Signature of Witness Gall A. Shugart Printed Name of Witness BY: BY: MONARCH HOMES OF FLORIDA, INC., a Florida corporation, a general partner ~n Its: President (CORPORATE SEAL) TAYLOR WOODROW HOMES FLORIDA, INC., a Florida corporation, a general parmer B · ~ Its: President (CORPORATE SEAL) PMD2759 (Tract H-Braeburn) OR: 2507 PG: 0603 STATE OF FLORIDA COUNTY OF SARASOTA The foregoing instrument was sworn to and subscribed before me this ~' ~ day of lt~F] [ , 1998 by JOHN R. PESHKIN, as President of both Taylor Woodrow Homes F(orida, Inc., a Florida Corporation and Monarch Homes of Florida, Inc., a Florida Corporation, as the general ~armers of TAYLOR WOODROW COMMUNITIES, a Florida General Parmership. ~/ who is personally known to me; or- who has produced a Florida driver's license as identification N°tary~aut~c. $1moart Typed, Printed or Stamped Name My Commission Expires: My Commission Number: This Instrument Prepared By and Return to: TAYLOR WOODROW COMMUNITIES Legal Department 7120 S. Beneva Road Sarasota, FL 34238 PMD2759 (Tract H-Braeburn) EXHIBIT "A" ]')I.ANNI~I~.~, [~.'NVIII.(.~N,MEN'I'...\I. (;(~N~[ IT,-\N'IL'4, Description of a Pump Station County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92 through 103, Collier County, Florida (Braebum at Stonebridge, A Condominium) All that part oi; Tract H of Southampton Unit One according to the plat thereof as recorded in Plat Book 19, pages 92 through 103, Public Records of Collier County, Florida being more particularly described as follows: Beginning at the easterlymost comer of said Tract H; thence along the boundary of said Tract H in the following twelve described courses: 1) South 27°00'00'' West 43.43 feet; 2) southwesterly 613.98 feet along the arc ora tangential circular curve concave to the northwest having a radius of 554.00 feet through a central angle of 63o30'00" and being subtended by a chord which bears South 58o45'00" West 583.04 feet; 3) North 89°30'00'' West 89.15 feet; 4) southwesterly 286.72 feet along the arc of a tangential circular curve concave to the south having a radius of 3285.56 feet through a central angle of 05o00'00" and being subtended by a chord which bears South 88°00'00" West 286.63 feet; 5) South 85o30'00" West ~545.30 feet; 6) South 49030'00" West 129.84 feet; 7) South 89o15'00" West 193.53 feet; 8) thence North 41o24'52" West 66.71 feet; 9) thence North ,~)9° 12'46" West 85.52 feet; 10) thence North 27°26'06'' West 94.00 feet; 11) thence North 44047'53" West 98.02 feet; 12) thence North ).2°10'45'' West 141.83 feet; thence leaving &~e boundary of said Tract H, southeasterly 46.44 feet along the arc of a non-tangential circular curve concave to the south having a radius of 127.76 through a central angle of 20°49'33'' and being subter~",led by a chord which bears South 76°50'12" East 46.18 feet; thence South 66'~25'26" East 11.57 feet; thence North 21~58'58'' East 54.02 feet; thence South 66°25'26'' East 9.93 feet to the Point of Beginning of the easement herein described; thence North 23034'34'' East 30.00 feet; thence South 66"25'26'' East 32.00 feet; thence South 23~34'34'' West 30.00 feet thence North 66°25 '26" West 32.00 feet to the Point of Beginning of the easement herein described; Subject to easements and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01o59, 12" West. WILSON, MILLER, BARTON & PEEK, INC. i and Surveyors I-I-I:a~e T._~r,.P.S.M. #5627 Date///-,~'- Certificate of aut oh'g~a~iu~, #LB-43. Not valid unless embossed with.the Professional's s~al. Ref. 4L-141 ! WlI. SON, MII. LL:II, J'~All. TON ~. J~EEK, int.':. ~,2OO Bnilcy l.m'm, .quite 200, Naples, Fk~rida 't4105-8507 · ['h 941-649-4040 Fx 941-647,-5716 ]'I...\NNIfR:-;, ['~NVII(t}NMI~NT.,\I (Jk~N~tlI.I'..\N'I':-,, I'iN~ ;INl'liR~, Description of a Master Water Meter County Utility Easement, being a part of Tract ~ of Southampton Unit One, Plat Book 19, pages 92 through 103, Collier County, Florida (Braeburn at Stonebridge, A Condominium) All that part of Tract H of Southampton Unit One according to the plat thereof as recorded in Plat Book 19, pages 92 through 103, Public Records of Collier County, Florida being more particularly described as follows: Beginning at the easte, rlymost corner of said Tract H; thence along the boundary of said Tract H in the following three described courses: 1) North 67003'0~?' West 120.30 feet; 2) South 27o00'00" West 34.93 feet; 3) North 63000'00" West 6.00 feet; thence leaving saii] Tract "H" southwesterly 30.84 feet along the arc of a non-tangential circular curve concave to the nol'thwest having a radius of 514.00 feet through a central angle of 03°26'16" and being subtended by a chord which bears South 28043'08" West 30.84 feet to the Point of Beginning of the easement herein described; thence South 57041'43" East 20.24 feet; thence South 32° 18' 17" West 30.00 feet; thence North 57°41 '43" West 20.14 feet; thence northeasterly 30.00 feet along the arc of a non-tangential circular curve concave to the northwest having a radius of 514.00 feet through a central angle of 03°20'41" and being subtended by a chord which bears North 32006'36" East 30.00 feet to the Point of Beginning of the easement herein described; Subject to easements and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01059' 12" West. WILSON, MILLER, BARTON & PEEK, INC. Registe.red/~e and Land Surveyors By~ _ "L--~c e r~5627 Date O Certificate of authorization #LB-43. Not valid unless embossed with the Professional's seal Ref. 4L-1411. I I/'26/97 - W-MASTER DOC NO! I ?-O35-01 -PSRMF ~(/II. SON, MILl. ER, BARTON ~. PEEK, ~200 l~,ailU.~ Linde, Suite 2OO, Naples, Florida 34105-8507 ' Ph 941-649-4040 Fx 941-643-5716 ]?I.ANNERS, ENVIRONMENTAL CC)NSUI.TANTS, ENGINEER.q, SUI/VI';YOP, S, [.ANDS(2APE AP, CHITE('.TS, CONSTRt. R.'TI(]N ~Vl.,\N,,\tililI5 Description of a 48.00 foot wide ingress-egress easement Utility and County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92-103, Collier County, Florida (Braebum at Stonebridge, a Condominium) A 48.00 foot ingress-egress drainage, utility and County utility easement over and across all that part of Tract H of Southampton Unit One according to the plat thereof as recorded in Plat Book 19, pages 92 through 103, Public Records of Collier County, Florida, lying 24.00 feet on each side of the hereinafter described centefline being more particularly described as follows: Commencing at the easterlymost comer of said Tract H; thence along the boundary of said Tract H in the following three described courses: 1) North 67°03'06" West 120.30 feet; 2) South 27o00'00" West 34.93 feet; 3) North 63o00'00" West 30.00 feet to the Point of Beginning of said centedine of easement herein described; thence leaving the boundary of said Tract H, southwesterly 61.06 feet along the arc of a tangential circular curvo concave to the northwest having a radius of 490.00 feet through a central angle ofi07°08'22'' and being subtended by a chord which bears South 30°34' 11" West 61.02 feet to a }~oint of reverse curvature; thence southwt~sterly 79.18 feet along the arc of a tangential circular curve concave to the southeast having a radius of 2000.00 feet through a central angle of 02o16'06" and being subtended by a chord which bears South 33°00'19" West 79.17 feet to a point of reverse curvature; thence southwesterly 218.76 feet along the arc of a tangential circular curve concave to the northwest having a radius of 200.00 feet through a central angle of 62o40, 13" and being subtended by a chord which bears South 63 °11'22" West 208.02 feet; thence North 85°27'31" West 184.19 feet; thence westerly 148.43 feet along the arc of a tangential circular curve concave to the south having a radius of 500.00 feet through a central angle of 17o00'33" and being subtended by a chord which bears South 86°02' 12" West 147.89 feet; thence South 77°31'56" West 273.99 feet; thence westerly 157.67 feet along the arc of a tangential circular curve concave to the north having a radius of 500.00 feet through a central angle of 18°04'02" and being subtended by a chord which bears South 86o33'57" West 157.01 feet; thence North 84o24'02" West 193.45 feet; thence westerly 123.34 feet along the arc of a tangential circular curve concave to the south having a radius of 600.00 feet through a central angle of 1 l°46'41" and being subtended by a chord which bears South 89o42'37" West 123.12 feet; thence South 83°49' 17" West 75.52 feet; 7/2587 - 13/4} 11 ?0359.MR.~ N-0117-035-00 I-PSRMF WILSON, MILLER, BARTON ~t PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ' Ph 941-649-4040 Fx 94t-643-5716 Web Site: www. wilsonmiller, com E-mail: naples@wilsonmiller, com Naples Fort Myers Sarasota Bradenton W' I L S O N - · .¥,- M I LLER Description of a 48.00 foot wide ingress-egress easement Utility and County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92-103, Collier County, Florida (Braeburn at Stonebridge, a Condominium) (continued) thence northwesterly 127.48 feet along the arc of a tangential circular curve concave to the north having a radius of 150.00 feet through a central angle of 48°41'33" and being subtended by a chord which bears North 71049'56" West 123.67 feet; thence North 47029, 10" West 132.45 feet; thence northwesterly 66.10 feet along the arc of a tangential circular curve concave to the southwest having a radius of 200.00 feet through a central angle of 18°56'16" and being subtended by a chord which bears North 56057, 18" West 65.80 feet; thence North 66025'26" West 62.11 feet to the Point of Ending of said centerline of easement described; The sides of said easement shall be terminated along the westerly line of Braebum at Stonebridge, a Condominium and along the northerly line of said Tract "H". Subject to easements and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01059, 12" West. WlELSON, MI-LLEK, BARTON & PEEK, INC. Registere~rs and Land Surveyors Lance T.--~flle~'S~. #5627 Certificate of authorization #LB-43. Not valid unless embossed with the Professional's seal. Ref. 4L-1411 O 7/25./97 - W-01170359.MRS N-0117-035-001 -PSRMF OR: 2507 PG: 0608 /// :' / //' :: I ,: !' .' ~ i'? ii i'1 --..-. . . ! / ,/ '"ill .... ' ' ~':' -- /' I ~/I ~/i ~ ' ill /I/ /I/ ,'I/ ,,'~/ ~I/ /I/ I/ I 242?452 OR: 250? PG: 0609 ~¢ORDBD in O~ICIlt ~201DI of ¢OLLI]R COUNTY, FL 01/~/~ at 0~:~ ~WI~ ~. ~OCK, ~H Retn: BHGINBBRING RBVIBW SBRVXCBS SHIRLBY 5586 DOC-.70 33.00 1.00 .70 THIS WARRANTY DEED made this o' ' day of A- ri 1998 by TAYLOR WOODROW COMMUNITIES, a Florida General Partnership (hereinafter,eferre~ to "Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee"). That Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and other 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 made a part hereof. 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". TO HAVE AND TO HOLD the same unto Grantee and its assigns, together with the right to enter upon said land, excavate and take materials from same for the purpose of constructing, operating and maintaining thereon the subject utility facilities. Grantor and Grantee are used for singular or plural, as context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witnesses As to Grantor TAYLOR WOODROW COMMUNITIES, a Florida general partnership BY: MARGARET E. BOUCHER Printed ~lame of Witness Signature.of. W_i.tne ss_ (~8fl A. ~nugart Printed Name of Witness BY: Printed Name of Witness /S~nature of Witness Oa~! A. Shugart Printed Name of Witness MONARCH HOMES OF FLORIDA, INC., a Florida corporation, a general partner Its: President (CORPORATE SEAL) TAYLOR WOODROW HOMES FLORIDA, INC., a Florida corporation, a general partner (CORPORATE SEAL) PMD2757 (Tract H-Braeburn) OR: 2507 PG: 0610 STATE OF FLORIDA COUNTY OF SARASOTA /q._ T. h7 foregoing instrument was sworn to and subscribed before me this 8 day of rl l ,1998, by JOHN R. PESHKIN, as President of both Taylor Woodrow Hol~es F16rida, Inc., a Florida Corporation and Monarch Homes of Florida, Inc., a Florida Corporation, as the general partners of TAYLOR WOODROW COMMUNITIES, a Florida General Parmership. t,~Tho is personally known to me; or __ who has produced a Florida driver's license as identification N°t aryG-Pat]~J{ .c Sh u0 art Typed, Printed or Stamped Name My Commission Expires: My Commission Number: This Instrument Prepared By and Return to: TAYLOR WOODROW COMMUNITIES Legal Department 7120 S. Beneva Road Sarasota, FL 34238 EXHIBIT "A" PI.ANNIH{.'4, [~NVIIU.)N*II'~NT...\I. ( ;~ ~N.~[ ll.'l':\ N'I ~4, l*~Nt. ]INliI!RN, ~[JI~:VI~Y.OItF, ]..,\NI'~$(:AI'I~ ARt;Ill I I((:'1'.'.-;, Description of a Pump Station County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92 through 103, Collier County, Florida (Braebum at Stonebridge, A Condominium) AIl that part ol~ Tract H of Southampton Unit One according to the plat thereof as recorded in Plat Book 19, pages 92 through 103, Public Records of Collier County, Florida being more particularly described as follows: Beginning at the easterlymost comer of said Tract H; thence along the boundary of said Tract H in the following twelve described courses: 1) South 27°00'00'' West 43.43 feet; 2) southwesterly 613.98 feet along the arc of a tangential circular curve concave to the northwest having a radius of 554.00 feet through a central angle of 63 °30'00" and being subtended by a chord which bears South 58°45'00' West 583.04 feet; 3) North 89°30'00' West 89.15 feet; 4) southwesterly 286.72 feet along the arc of a tangential circular curve concave to the south having a radius of 3285.56 feet through a central angle of 05°00'00'' and being subtended by a chord which bears South 88°00'00'' West 286.63 feet; 5) South 85°30'00'' West 345.30 feet; 6) South 49°30'00'' West 129.84 feet; ' 7) South 89°15'00TM West 193.53 feet; 8) thence North 41°24'52'' West 66.71 feet; 9) thence North 09° 12'46" West 85.52 feet; 10) thence North 27°26'06'' West 94.00 feet; I 1) thence North :14°47'53'' West 98.02 feet; 12) thence North 22°10'45'' West 141.83 feet; thence leaving tlc boundary of said Tract H, southeasterly 46.44 feet along the are of a non-tangential circular curve cC~.cave to the south having a radius of 127.76 through a central angle of 20°49'33'' and being subtefided by a chord which bears South 76°50' 12" East 46.18 feet; thence South 66~25'26" East 11.57 feet; thence North 21 ~58' 58" East 54.02 feet; thence South 66'25'26" East 9.93 feet to the Point of Beginning of the easement herein described; thence North 23°34'34'' East 30.00 feet; thence South 66°25'26'' East 32.00 feet; thence South 23'34'34" West 30.00 feet thence North 66'25'26" West 32.00 feet to the Point of Beginning of the easement herein described; Subject to easements and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01°59'12" West. WILSON, MILLER, BARTON & PEEK, INC. i and Surveyors ' Date La~e T,~ler, P.S.M. #5627 '/ Certificate of aufh'~'Pz~ion~LB-43. Not valid unless embossed with.the Professional's seal Ref 4L-1411 W{I. SC, N, MILl. El*,, IhAi[TC)~J C~ PEF:<, IN(.'. t200 I~,niJcy [.nne, ,quite 200, Nal, Jc.~, Florida 34105-8507 ' Ph 941-649-4040 Fx 941-645-5716 ~v~/el~ ~ite: wwve.'*vils~mnliller.¢tm~ E-nlml: n:qqt'sq.~}wil.~nnliJJt, r. ctml I 1/16~97. W-PSiESMT.DOC .\', ~I,l,''~ I', ot \ l x,,,~, ~;. m ~* ,t, t I h, ~, I. '~ ~t, ,u N0I 1 ?-01*S-OI-PSRJ~{F PI..,\NNI!I*,~;, [iNVII~(~NMI!N'FAI. (~t~N:<IiI.I,\NT5, I!N~ iINI:IiRS, Description of a Master Water Meter County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92 through 103, Collier County, Florida (Braebum at Stonebridge, A Condominium) All that part of Tract,H of Southampton Unit One according to the plat thereof as recorded in Plat Book 19, pages 92 through, 103, Public Records of Collier County, Florida being more particularly described as follows: Beginning at the eastzrlymost comer of said Tract H; thence along the boundary of said Tract H in the following three described courses: 1) North 67o03'06" West 120.30 feet; 2) South 27o00'00" West 34.93 feet; 3) North 63°00'0C' West 6.00 feet; thence leaving sai t Tract "H" southwesterly 30.84 feet along the arc of a non-tangential circular curve concave to the northwest having a radius of 514.00 feet through a central angle of 03°26'16" and being subtended by a chord which bears South 28o43'08" West 30.84 feet to the Point of Beginning of the easement herein described; thence South 57°41 '4Y' East 20.24 feet; thence South 32o18, 17" West 30.00 feet; thence North 57°41 '43" West 20.14 feet; thence northeasterly 30.00 feet along the arc of a non-tangential circular curve concave to the northwest having a radius of 514.00 feet through a central angle of 03°20'41" and being subtended by a chord which bears North 32°06'36" East 30.00 feet to the Point of Beginning of the easement herein described; Subject to easements and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01o59, 12" West. WILSON, MILLER, BARTON&PEEK, INC. Registered/~e~Land Surveyors B y(~~~" .~ 'L-a'~ce T~5627 Certificate of authorization #LB-43. Not valid unless embossed with the Professional's seal Ref. 4L-1411. I I/'26/97 - W-MASTER.DOC N0117-O35-01 .PSR3VIF WILSON, Mll. I_Ell., BARTON & PEEK, lNt;. 3200 Bailey Lane, ~quite 200, Naples, Florida 34105-8507 ' Ph 941-649-4040 Fx 941-643-5716 Web Site: www.wilsonmillcr.com E-mail: nalqCs~wilsonmillcr.con~ Pl. ANNERS, ENVIRONMENTAL CONSULTANTS, EN¢;INEERS, SLJI~V,?~'Ot~,S, LANDSCAPE AI~CIqlTE(~'TS, CONSTItLI(~'TION Description of a 48.00 foot wide ingress-egress easement Utility and County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92-103, Collier County, Florida (Braebum at Stonebridge, a Condominium) A 48.00 foot ingress-egress drainage, utility and County utility easement over and across all that part of Tract H of Southampton Unit One according to the plat thereof as recorded in Plat Book 19, pages 92 through 103, Public Records of Collier County, Florida, lying 24.00 feet on each side of the hereinafter described centefline being more particularly described as follows: Commencing at the easterlymost comer of said Tract H; thence along the boundary of said Tract H in the following three described courses: 1) North 67o03'06" West 120.30 feet; 2) South 27o00'00" West 34.93 feet; 3) North 63o00'00" West 30.00 feet to the Point of Beginning of said centerline of easement herein described; thence leaving the boundary of said Tract H, southwesterly 61.06 feet along the arc of a tangential circular curve concave to the northwest having a radius of 490.00 feet through a central angle of 07°08'22'' and being subtended by a chord which bears South 30°34' 11" West 61.02 feet to a point of reverse curvature; thence southwe, stedy 79.18 feet along the arc of a tangential circular curve concave to the southeast havir.g a radius of 2000.00 feet through a central angle of 02o16'06" and being subtended by a chord which bears South 33°00'19" West 79.17 feet to a point of reverse curvature; thence southw~:sterly 218.76 feet along the arc of a tangential circular curve concave to the northwest havilag a radius of 200.00 feet through a central angle of 62°40'13" and being subtended by a'chord which bears South 63°11'22" West 208.02 feet; thence North 85°27'31" West 184.19 feet; thence westerly 148.43 feet along the arc of a tangential circular curve concave to the south having a radius of 500.00 feet through a central angle of 17°00'33'' and being subtended by a chord which bears South 86o02, 12" West 147.89 feet; thence South 77°31'56" West 273.99 feet; thence westerly 157.67 feet along the arc of a tangential circular curve concave to the north having a radius of 500.00 feet through a central angle of 18°04'02'' and being subtended by a chord which bears South 86o33'57" West 157.01 feet; thence North 84o24'02" West 193.45 feet; thence westerly 123.34 feet along the arc of a tangential circular curve concave to the south having a radius of 600.00 feet through a central angle of 11°46'41" and being subtended by a chord which bears South 89o42'37" West 123.12 feet; thence South 83°49'17" West 75.52 feet; 7/25/97 - W-O 1170359.MRS N-O117-035-001 -PSRMF WILSON, MILLER, BARTON ~ PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ° Ph 941-649-4040 Fx 941-643-5716 Web Site: www. wilsonrniller.corn E-mail: naples@wilsonmiller, com Naples Fort Myers Sarasota Bradcnton WI LSON M I L L E R Description of a 48.00 foot wide ingress-egress easement Utility and County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92-103, Collier County, Florida (Braebum at Stonebridge, a Condominium) (continued) thence northweaterly 127.48 feet along the arc of a tangential circular curve concave to the north having a radius of 150.00 feet through a central angle of 48°41'33'' and being subtended by a chord which bears North 71049'56" West 123.67 feet; thence North 47029, 10" West 132.45 feet; thence northwesterly 66.10 feet along the arc of a tangential circular curve concave to the southwest having a radius of 200.00 feet through a central angle of 18°56'16'' and being subtended by a chord which bears North 56057, 18" West 65.80 feet; thence North 66025'26" West 62.11 feet to the Point of Ending of said centerline of easement described; The sides of said easement shall be terminated along the westerly line of Braebum at Stonebridge, a Condominium and along the northerly line of said Tract "H". Subject to easements and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01059, 12" West. WILSON, lVlTI'LER, BARTON & PEEK, INC. Certificate of authodzation ~LB-43. Not valid u~ess embossed Mth the Professional's seal. Re~ 4L-1411 7/2~)7 - W-01170359.MR.S N-0117-035-00 I-PSRMF r~ OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF SARASOTA BEFORE ME, the undersigned authority, personally appeared JOHN R. PESHKIN, as President of both Taylor Woodrow Homes Florida, Inc., a Florida corporation and Monarch Homes of Florida, Inc. a Florida corporation (the "Affiant"), as the general partners of TAYLOR WOODROW COMMUNITIES, a Florida General Parmership (hereinafter "Owner"), to me personally known, who, being duly sworn on his oath, deposes and states: 1. Taylor Woodrow Communities, a Florida general partnership, is the owner of the real property described on Exhibit "A" attached hereto. 2. 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 the utility facilities located on the property described on Exhibit "A", have been paid in full and that such work has been fully completed and accepted by the Owner. 3. 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. 4. The utility facilities described herein are not included in, encumbered by, or subject to any real property mortgage, chattel mortgage, security agreement, Uniform Commercial Code financing statement, or any other encumbrance. 5. Affiant, on behalf of the Owner of the subject utility facilities, agrees that Owner 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 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. FURTHER AFFIANT SAYETH NAUGHT. DATED this ~ day o~~ ,1998. ,~ ~regoing instrument was sworn to and subscribed before me this L¥'" day of ,1998, by JOHN R. PESItKIN, as President of both Taylor Woodrow Hom~s Florida, Inc., a Florida Corporation and Monarch Homes of Florida, Inc., a Florida Corporation, as the general partners of TAYLOR WOODROW COMMUNITIES, a Florida General Parmership, who is personally known to me; or w~~v~d~ntification /~.,;j~.~ EXPIRES: May 24, 2001 ii MARGARFI' g n I~ ~ _~u_ _no~v_~ ~ .]~ Typed, Printed or Stamped Name My Commission Expires: My Commission Number: This Instrument Prepared By and Return to: TAYLOR WOODROW COMMUNITIES Legal Department 7120 S. Beneva Road Sarasota, FL 34238 PMD2758 (Tract H-Braeburn) EXHIBIT "A" I'll. AN NI{R.s, [~NVIR(INMI~N'I'...\I. ( .'t ~N,s( ti.T,.\ N't ,$, t'.'N( Description of a Pump Station County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92 through 103, Collier County, Florida (Braeburn at Stonebridge, A Condominium) All that part ct~ Tract H of Southampton Unit One according to the plat thereof as recorded in Plat Book 19, pages 92 through 103, Public Records of Collier County, Florida being more particularly described as follows: Beginning at the easterlymost corner of said Tract H; thence along the boundary of said Tract H in the following twelve described courses: 1) South 27'00'00' West 43.43 feet; 2) southwesterly 613.98 feet along the arc of a tangential circular curve concave to the northwest having a radius of 554.00 feet through a central angle of 63°30'00" and being subtended by a chord which bears South 58045'00" West 583.04 feet; 3) North 89030'00'' West 89.15 feet; 4) southwesterly 286.72 feet along the arc of a tangential circular curve concave to the south having a radius of 3285.56 feet through a central angle of 05000'00" and being subtended by a chord which bears South 88000'00" West 286.63 feet; 5) South 85'30'00" West ~545.30 feet; 6) South 49030'00'' West 129.84 feet; 7) South 89015'00" West 193.53 feet; 8) thence North 41024'52" West 66.71 feet; 9) thence North 09012'46" West 85.52 feet; I0) thence North ~7'26'06" West 94.00 feet; 11) thence North ~4047'53" West 98.02 feet; 12) thence North 22'10'45" West 141.83 feet; thence leaving tl:,e boundary of said Tract H, southeasterly 46.44 feet along the arc of a non-tangential circular curve egneave to the south having a radius of 127.76 through a central angle of 20°49'33'' and being subtended by a chord which bears South 76°50'12'' East 46.18 feet; thence South 66~25'26" East 11.57 feet; thence North 21';58'58" East 54.02 feet; thence South 66~25'26" East 9.93 feet to the Point of Beginning of the easement herein described; thence North 23¢34'34" East 30.00 feet; thence South 66°25'26" East 32.00 feet; thence South 23*34'34" West 30.00 feet thence North 66c 25'26" West 32.00 feet to the Point of Beginning of the easement herein described; Subject to easemems and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01 °59' 12" West. WILSON, MILLER, BARTON & PEEK, INC. 5627 Certificate of aut~i~fi'zatiowgLB-43. Not valid unless embossed with the Profes~s'onal's s al. Ref. 4_- 4_ .L 1 11 WILSON, ~q~II. LL:I~,, R^II. TON ~. F~EI;K, IN(.;. t200 P,.ilcy [.nne, Suite 200, Naples, Florida 34105-8507 · l'h 941-649-4040 Fx 941-643-5716 Web Sio.': www, wibonmiller.com [':-msdl: tuq~l~,sq.~)wilso~millt, r.¢om I 1/26~P? · W-PSESMT.DOC ?.', / h/c.i I',,r~ .\ Iv,,, · NO I 17-03 5-01 -PSR. M'F ' I"l..,X. NNl!l,t.~, liN\ II;t'~NMI!N'I'A[. (]t~N:qI~I.I,',,NTS, ]!"x~ il'":l:lil;H, Description of a Master Water Meter County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92 through 103, Collier County, Florida (Braebum at Stonebridge, A Condominium) All that part of Tract H of Southampton Unit One according to the plat thereof as recorded in Plat Book 19, pages 92 through 103, Public Records of Collier County, Florida being more particularly described as follows: Beginning at the easterlymost comer of said Tract H; thence along the boundary of said Tract H in the following three described courses: 1) North 67°03'0C' West 120.30 feet; 2) South 27o00'06" West 34.93 feet; 3) North 63o00'00" West 6.00 feet; thence leaving sai:l Tract "H" southwesterly 30.84 feet along the arc of a non-tangential circular curve concave to the northwest having a radius of 514.00 feet through a central angle of 03°26'16" and being subtended by a chord which bears South 28043'08" West 30.84 feet to the Point of Beginning of the easement herein described; thence South 57°41 '43" East 20.24 feet; thence South 32°1i8' 17" West 30.00 feet; thence North 57°41 '43" West 20.14 feet; thence northeasterly 30.00 feet along the arc of a non-tangential circular curve concave to the northwest having a radius of 514.00 feet through a central angle of 03 °20'41" and being subtended by a chord which bears North 32006'36" East 30.00 feet to the Point of Beginning of the easement herein described; Subject to easements and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01 °59'12" West. WILSON, MILLER, BARTON & PEEK, INC. Registe.red En~goe and Land Surveyors BY~5627// Date Certificate of authorization #LB-43. Not valid unless embossed with the Professional's seal Ref. 4L-1411. : I 1/26/97 - W-MASTER DOC NO117-O35-01-PSRMF WILSON, MII. I. ER, BAP, TON ~5~ PEEK, IN(;. ~200 Baild¥ Lane, Suite 200, Naples, Florida 34105-8507 ' Ph 941-649-4040 Fx 941-643-5716 W0b Sire: www. wilsonmillcr.com E-mail: t~ntqcs~wilsonmillcr, com ]?LANNERS, ENVIRC)NMENTAL CONSUI_TANTS, ENGINEERS, SuRvEYoRS, LANDSCAPE AI>,CHITE¢'.'TS, CON.qTRtI(.'TI(>N M,'~,N/\(~ER> Description of a 48.00 foot wide ingress-egress easement Utility and County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92-103, Collier County, Florida (Braebum at Stonebridge, a Condominium) A 48.00 foot ingress-egress drainage, utility and County utility easement over and across all that part of Tract H of Southampton Unit One according to the plat thereof as recorded in Plat Book 19, pages 92 through 103, Public Records of Collier County, Florida, lying 24.00 feet on each side of the hereinafter described centefline being more particularly described as follows: Commencing at the eastedymost comer of said Tract H; thence along the boundary of said Tract H in the following three described courses: 1) North 67o03'06" West 120.30 feet; 2) South 27o00'00" West 34.93 feet; 3) North 63o00'00" West 30.00 feet to the Point of Beginning of said centeriine of easement herein described; thence leaving the boundary of said Tract I-I, southwesterly 61.06 feet along the arc of a tangential circular curvo concave to the northwest having a radius of 490.00 feet through a central angle of 07o08'22" and being subtended by a chord which bears South 30°34'11" West 61.02 feet to a ~oint of reverse curvature; thence southwe:sterly 79.18 feet along the arc of a tangential circular curve concave to the southeast having a radius of 2000.00 feet through a central angle of 02o16'06" and being subtended by al chord which bears South 33°00'19" West 79.17 feet to a point of reverse curvature; ~ ' r thence southwesterly 218.76 feet along the arc of a tangential ctrcula curve concave to the northwest having a radius of 200.00 feet through a central angle of 62°40'13" and being subtended by a chord which bears South 63°11'22" West 208.02 feet; thence North 85°27'31" West 184.19 feet; thence westerly 148.43 feet along the arc of a tangential circular curve concave to the south having a radius of 500.00 feet through a central angle of 17o00'33" and being subtended by a chord which bears South 86°02' 12" West 147.89 feet; thence South 77°31'56" West 273.99 feet; thence westerly 157.67 feet along the arc of a tangential circular curve concave to the north having a radius of 500.00 feet through a central angle of 18o04'02" and being subtended by a chord which bears South 86o33'57" West 157.01 feet; thence North 84o24'02" West 193.45 feet; thence westerly 123.34 feet along the arc of a tangential circular curve concave to the south having a radius of 600.00 feet through a central angle of 1 l°46'41" and being subtended by a chord which bears South 89o42'37" West 123.12 feet; thence South 83°49' 17" West 75.52 feet; 7/'25/97 - W-01170359.MR$ N-0117-035-001-PSRMF WILSON, MILLER, BARTON ~t PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ° Ph 941-649-4040 Fx 941-643-5716 Web Site: www. wilsonmiller, com E-mail: naples@wilsonmiller, com Naples Fort Myers Sarasota Bradcnton WILSON Description of a 48.00 foot wide ingress-egress easement Utility and County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92-103, Collier County, Florida (Braebum at Stonebridge, a Condominium) (continued) thence northwesterly 127.48 feet along the arc of a tangential circular curve concave to the north having a radius of 150.00 feet through a central angle of 48°41'33'' and being subtended by a chord which bears North 71o49'56" West 123.67 feet; thence North 47029, 10" West 132.45 feet; thence northwesterly 66.10 feet along the arc of a tangential circular curve concave to the southwest having a radius of 200.00 feet through a central angle of 18°56'16" and being subtended by a chord which bears North 56o57, 18" West 65.80 feet; thence North 66o25'26" West 62.11 feet to the Point of Ending of said centefline of easement described;' The sides of said easement shall be terminated along the westerly line of Braebum at Stonebridge, a Condominium and along the northerly line of said Tract "H". Subject to easements and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01o59, 12" West. WILSON, MILLER, BARTON & PEEK, INC. La-'~ce ~./15627 Certificate of authorization #LB-43. Not valid unless embossed with the Professional's seal. Ref. 4L-1411 7/25/97 - W-0I 170350.MP-,g N=0117-035-001 -PSRMF /I ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF SARASOTA On this qth day of A¢I°} [_ __, 1998, before me personally appeared PETER M. DONNANTUONI, a licensed attorney authorized to practice in the State of Florida, Florida Bar No. 0767735, to me personally known, whose current business address and telephone number is 7120 South Beneva Road, Sarasota, FL 34238-2850 (941)-927-0999 (hereinafter "Affiant"), who, being duly sworn on his oath, does say: 1. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as 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 utility facilities and appurtenances thereto lying within the utility easement as more particularly described on Exhibit "A" attached hereto and made a part hereof. 2. The Affiant has examined record title information through March 27, 1998 to both the real and personal property referenced in this affidavit, including but not limited to information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. 3. The record owner of the real and personal property described herein is TAYLOR WOODROW COMMUNITIES, a Florida General Partnership, (hereinafter "Owner"). The Owner acquired record title to the subject real property by the following Deed: Warranty Deed dated October 13, 1994 from Southampton Development Corporation to Taylor Woodrow Communities, filed for record October 14, 1994 in Official Record Book 1994, Page 426, Public Records of Collier County, Florida; together with Assignment of Easement filed for record October 14, 1994 in Official Record Book 1994, Page 434, Public Records of Collier County, Florida. The above-referenced Deed and Assignment of Easement are attached hereto as Exhibits "B" and "C". 4. I have examined the general partnership agreements for Taylor Woodrow Communities, a Florida General Parmership (the "General Parmership") and corporate information obtained from the State of Florida regarding the corporate status of Taylor Woodrow Homes Florida, Inc., a Florida Corporation and Monarch Homes of Florida, Inc., a Florida Corporation (the "General Partners"), both General Parmers of Taylor Woodrow Communities and based upon the examination, the Partnership and the General Partners, are all current and active within the State of Florida and authorized to do business in the State of Florida and are in good standing. Taylor Woodrow Homes Florida, Inc. and Monarch Homes of Florida, Inc. are authorized to sign documents conveying interests in real and personal property on behalf of the General Partnership and John R. Peshkin, as President of both Taylor Woodrow Homes Florida, Inc. and Monarch Homes of Florida, Inc. is authorized to sign such documents on behalf of the General Parmers and is authorized to sign documents conveying interests in real and personal property and Affidavits on behalf of the General Partners. 5. The following encumbrances are of record in the public records of Collier County, Florida, or the office of the Secretary of State. (a) Amended and Restated Declaration of Covenants, Conditions and restrictions for Stonebridge Country Club, recorded in Official Records Book 2040, Page 1 and First Supplemental Declaration in Official Records Book 2061, Page 1154 and Second Supplemental Declaration in Official Records Book 2101, Page 152, and Third Supplemental Declaration in OR Book 2137, Page 640 and Fourth Supplemental Declaration in OR Book 2147, Page 1335 as re-recorded in OR Book 2235, Page 0433. (b) Easements, restrictions, reservations and other matters of record as shown on the plat of Southampton, Unit One, as recorded in Plat Book 19, Page(s) 91 through 103. (c) Grant of Easement for maintaining the golf course as recorded in Official Records Book 1750, Page 1368, said Grant of Easement assigned in Official Records Book 1994, Page 434 and re-recorded in Official Records Book 2013, Page 195. (d) Resolution establishing the Immokalee Area Planning District and the Coastal Area Planning District and declaring the intent of the Board of County Commissioners to enact a comprehensive zoning ordinance for the Coastal Area Planning District of Collier County, recorded in Official Records Book 649, Page 1239, all of the Public Records of Collier County Florida. No. 91-96. (e) Subject to Collier County PUD Ordinance No. 88-53 as amended by Amendment Ordinance (f) Final Order establishing Collier County Water District #7, as recorded in O. R. Book 282, Page 976. Said Agreement amended in O.R. Book 586, Page 1610 of the Public Records of Collier County, Florida. (g) Resolution concerning Gopher Tortoise Management Plan as recorded in Official Records Book 2056, Page 26. 6. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date of this Affidavit is given. /,~ /~ PETER . STATE OF FLORIDA COUNTY OF SARASOTA The foregoing instrument was sworn to and subscribed before me this q ~ day of ~ ..~ f'i I ,1998 by PETER M. DONNANTUONI, who is personally known to me and he did take an oatti. Nota~ e~ ~'~ Typed, Pnnted of Stamped..~_. ~j~\ ~ A. Shugart .--*:~:*'.- MY COIVlMISSION # CC587303 EXPIRES · . . ~. :.~: September 22, 2000 My Commission Expires: ':~E~~ BONDEDTHRU TROY FAIN INSURANCE, INC. My Commission Number is: This Instrument Prepared By and Return to: TAYLOR WOODROW COMMUNITIES Legal Department 7120 South Beneva Road Sarasota, FL 34238-2850 EXHIBIT "A" J'~I.:\NNI!I(.'q, J~NVIIU.)NMENT:'\I. (;t)N,'-;LII.T..\N'I :,-,, ~[ JI'L\~I-:'¥'C~R..4, J.ANI).q(;,,\I'I,~ AI<~.;III I I(~, :'1'.'---;, (;k'~N."q I I~1~: I I,.'~N : Description of a Pump Station County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92 through 103, Collier County, Florida (Braebum at Stonebridge, A Condominium) All that part of; Tract H of Southampton Unit One according to the plat thereof as recorded in Plat Book 19, pages 92 through 103, Public Records of Collier County, Florida being more particularly described as follows: Beginning at the easterlymost comer of said Tract H; thence along the boundary of said Tract H in the following twelve described courses: 1) South 27°00'00'' West 43.43 feet; 2) southwesterly 613.98 feet along the arc of a tangential circular curve concave to the northwest having a radius of 554.00 feet through a central angle of 63°30'00'' and being subtended by a chord which bears South 58°45'00'' West 583.04 feet; 3) North 89030'00" West 89.15 feet; 4) southwesterly 286.72 feet along the arc of a tangential circular curve concave to the south having a radius of 3285.56 feet through a central angle of 05°00'00'' and being subtended by a chord which bears South 88000'00" West 286.63 feet; 5) South 85°30'00'' West ~45.30 feet; 6) South 49030'00" West 129.84 feet; 7) South 89° 15'00" West 193.53 feet; 8) thence North 41o24'52" West 66.71 feet; 9) thence North 09o12'46" West 85.52 feet; 10) thence North 27o26'06" West 94.00 feet; I 1) thence North 44°47'53" West 98.02 feet; 12) thence North 22o10'45" West 141.83 feet; thence leaving ~,e boundary of said Tract H, southeasterly 46.44 feet along the arc of a non-tangential circular curve c~ncave to the south having a radius of 127.76 through a central angle of 20°49'33'' and being subtended by a chord which bears South 76°50'12" East 46.18 feet; thence South 66025'26'' East 11.57 feet; thence North 21~58'58" East 54.02 feet; thence South 66' 25'26" East 9.93 feet to the Point of Beginning of the easement herein described; thence North 23934'34'' East 30.00 feet; thence South 66°25'26'' East 32.00 feet; thence South 23°34'34'' West 30.00 feet thence North 66°25'26" West 32.00 feet to the Point of Beginning of the easement herein described; Subject to easements and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01059' 12" West. WILSON, MILLER, BARTON & PEEK, INC. i t.nd Surveyors I-I:a~e T.~er, P.S.M. #5627 Date//"2~ Certificate of au~LB-43. Not valid unless embossed with the Professional's seal Ref~ 4.L-].411 '"O(/II.SON, MII.L£R, B^i*,T-'L"~'~I ~ I:'EEK, INt..:. t200 B. ih:y [°mac, .quite 200, Naples, Florida 34105-8507 ' Ph 941-649.4040 Fx 941-64.~-5716 ~.'Vuh Sire: www. wil.~*mmilJcr.com EqluJih n.lqC.~.0wils~nmillcr.¢~ull IIf16?97- W-p$£SMT.DOC .%-',1/,/,": I', .'l .\ t x','~- ' '";, NOI 17-O~I.~-OI-PSRMF Description of a Master Water Meter County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92 through 103, Collier County, Florida (Braeburn at Stonebridge, A Condominium) All that part of Tract H of Southampton Unit One according to the plat thereof as recorded in Plat Book 19, pages 92 throughd 03, Public Records of Collier County, Florida being more particularly described as follows: Beginning at the east,rlymost corner of said Tract H; thence along the bouadary of said Tract H in the following three described courses: 1) North 67003'06'' West 120.30 feet; 2) South 27000'00" West 34.93 feet; 3) North 63000'0("' West 6.00 feet; thence leaving sari Tract "H" southwesterly 30.84 feet along the arc of a non-tangential circular curve concave to the northwest having a radius of 514.00 feet through a central angle of 03°26'16" and being subtended by a chord which bears South 28043'08" West 30.84 feet to the Point of Beginning of the easement herein described; thence South 57°41 '43" East 20.24 feet; thence South 32° 18' 17" West 30.00 feet; thence North 57041'43" West 20.14 feet; thence northeasterly 3 0.00 feet along the arc of a non-tangential circular curve concave to the northwest having a radius of 514.00 feet through a central angle of 03°20'41" and being subtended by a chord which bears North 32006'36" East 30.00 feet to the Point of Beginning of the easement herein described; Subject to easements and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01 °59'12" West. WILSON, MILLER, BARTON&PEEK, INC. Registe~'ed/~e~Land Surveyors "L-~ce T~5627 Date Certificate of authorization #LB-43. Not valid unless embossed with the Professional's seal Ref. 4L-1411. I I/26/97 - W-MASTER DOC NO117-035-01-PSR. MF WII.SON, MII. I. EI~., BAP, TON (~. DEEK, IN(:. ~2OO Bailey Lane, Suite 200. Naples, Fh*rida 3410%8507 - Ph 941-649-4040 Fx 941-643-57 l 6 PLANNERS, ENVIP, ONMENTAL CONSULTANTS, ENGINEERS, SURVEYOI>,S, I. ANDSCAPE AI>,CHITE(:TS, CONSTRtl(.'-rI¢~N M.,\N.,\t~ER5 Description of a 48.00 foot wide ingress-egress easement Utility and County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92-103, Collier County, Florida (Braebum at Stonebridge, a Condominium) A 48.00 foot ingress-egress drainage, utility and County utility easement over and across all that part of Tract H of Southampton Unit One according to the plat thereof as recorded in Plat Book 19, pages 92 through 103, Public Records of Collier County, Florida, lying 24.00 feet on each side of the hereinafter described centerline being more particularly described as follows: Commencing at the easteflymost comer of said Tract H; thence along the boundary of said Tract H in the following three described courses: 1) North 67o03'06" West 120.30 feet; 2) South 27o00'00" West 34.93 feet; 3) North 63o00'00" West 30.00 feet to the Point of Beginning of said centerline of easement herein described; thence leaving the boundary of said Tract H, southwesterly 61.06 feet along the arc of a tangential circular curvo concave to the northwest having a radius of 490.00 feet through a central angle of 07°08'22'' and being subtended by a chord which bears South 30°34'11" West 61.02 feet to a point of reverse curvature; thence southwesterly 79.18 feet along the arc of a tangential circular curve concave to the southeast having a radius of 2000.00 feet through a central angle of 02o16'06" and being subtended by a chord which bears South 33°00'19'' West 79.17 feet to a point of reverse curvature; thence southwesterly 218.76 feet along the arc of a tangential circular curve concave to the northwest havigg a radius of 200.00 feet through a central angle of 62o40'13" and being subtended by a chord which bears South 63°11'22" West 208.02 feet; thence North 85°27'31" West 184.19 feet; thence westerly 148.43 feet along the arc of a tangential circular curve concave to the south having a radius~ of 500.00 feet through a central angle of 17o00'33" and being subtended by a chord which bears South 86°02' 12" West 147.89 feet; thence South 77°31'56" West 273.99 feet; thence westerly 157.67 feet along the arc of a tangential circular curve concave to the north having a radius of 500.00 feet through a central angle of 18°04'02'' and being subtended by a chord which bears South 86o33'57" West 157.01 feet; thence North 84o24'02" West 193.45 feet; thence westerly 123.34 feet along the arc of a tangential circular curve concave to the south having a radius of 600.00 feet through a central angle of 1 l°46'41" and being subtended by a chord which bears South 89°42'37'' West 123.12 feet; thence South 83o49, 17" West 75.52 feet; ?/25/9? - W-01170359.MR8 N-0117-035-00 I-PSRMF W1LSON, MILLER, BARTON 60. PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 · Ph 941-649-4040 Fx 941-643-5716 Web Site: www. wilsonmiller.com E-mail: naples@wilsonmill, er. com Naples Fort Myers .Saraso£a Bradcnton WILSON M I L L E R Description of a 48.00 foot wide ingress-egress easement Utility and County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92-103, Collier County, Florida (Braeburn at Stonebridge, a Condominium) (continued) thence northwesterly 127.48 feet along the arc of a tangential circular curve concave to the north having a radius of 150.00 feet through a central angle of 48°41'33'' and being subtended by a chord which bears North 71°49'56'' West 123.67 feet; thence North 47o29, 10" West 132.45 feet; thence northwesterly 66.10 feet along the arc of a tangential circular curve concave to the southwest having a radius of 200.00 feet through a central angle of 18°56'16" and being subtended by a chord which bears North 56°57'18" West 65.80 feet; thence North 66°25'26'' West 62.11 feet to the Point of Ending of said centerline of easement described; The sides of said easement shall be terminated along the westerly line of Braeburn at Stonebridge, a Condominium and along the northerly line of said Tract "H". Subject to easements and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01059, 12" West. WILSON, MILLER, BARTON & PEEK, INC. Su yor Lance ~. #5627 Certificate of authorization #LB-43. Not valid unless embossed with the Professional's seal. Ref. 4L-1411 7 7/25/97 - VV'-01170359.MR8 N-0117-035-001 -PSRMF /1 /!~ / : ! / / / t / i / /' / ,,' ~ I i ,! /I/' I i //~t/ · . ;/,,' EXHIBIT B l'roperty Tax I.D. Nos. Grantee's Tax I.D. No. See Attached Schedule 1 65-0341464 C0~$ 1~00000~00 HC ~! 17,50 Retn: HRS7 A~ICA~ TITbl CO PIC~ UP G) "~ :., ..~' .~'. NOTE TO CLERIC: 'FillS TRANSFER IS EXEMPT FROM DOCUMENTARY STAMP AND SIMILAR TAXES PURSUANT "ro I! U.S.C. SECTION 1146(c) AND THE ORDER OF Till,?, BANKRUPTCY COURT DESCRIBED BELOW. WARRANTY DEED THIS INDENTURE entered into and made effective as of the 13th day of October, 1994, between SOUTHAMIVrON DEVELOPMENT CORPORATION, a Florida corporation, for itself and as Debtor-in-Possession under Chapter 11 Bankruptcy, United States Bankruptcy Court of the Middle District of Florida, Case No. 94-6641-9P1, whose address is 9809 North Airport Road, Naples, Florida 33942, hereinafter referred to as the "Grantor," and TAYLOR WOODROW COMMUNITIES, a Florida general partnership, whose address is 1900 Longmeadow, Sarasota, Florida 34235, hereinafter "Grantee." WITN E,$$ETI-.I: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good aud valuable consideration, to it in hand paid, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, and Grantee's successors and assigns forever, all those certain'parcels of land lying and · being ira the County of Collier, State of Florkla, as more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO. TOGETHER WITH all the improvements, tenements, hereditaments, and appurtenances thereto belonging or itl anywise appertaining, and together with all rights and easements of record. SUBJECT ONLY TO: A. Real property taxes and assessments for tile year 1994 and thereafter; B. Declaration of Covenants, Conditions and Restrictions for Southampton at Naples as recorded in Official Records Book 1748, Page 0001, of the Public Records of Collier County, Florida; C. Easements, restrictions, reservations and other matters of record as sllown on the Plat of Southampton Unit One, as recorded in Plat Book 19 Page(s) 92 through 103, inclusive, of the Public Records of Collier County, Florkla; D. Ease~nents, restrictions, reservations and other matters of record as shown on the Plat of Lucaya at Southampton, as recorded itl Plat Book 20, Page(s) 15-16 of the Public Records of Collier County, Florida; E. Easements, restrictions, reservations and olher matters of record as shown on tile F'lat of Sienna at Southampton, as recorded in plat Book 20, Page(s) 71-18 of the Public Records of Collier County, Florida; F. Terms and Obligations of the Gopher Tortoise Prcservaiion Easenlents as recorded Official Records Book .1748, Page 80, of the Public P. ecords of Collier County, Florida; Tills INSTRUMENT i'I~,EPAREI) BY AND UPON RECORDING I~.ETURN TO: MARY JANE SCOI'I'ETI'UOI~O First American Title hlstlrltllCe Company 5020 'l'at,flami Trail North, Suite 102 Naples, Florida 33940 (813) 434-0660 PMDI514 10/12/94 4:30p.m. G. Grant of Easement for maintaining the golf course ;ts recorded in Official I;',ecords Book 1750, Page 1368, of the Public Records of Collier County, Florida; H. Resolution establishing the hnmokalee Area Planning District and declaring the intent of the Board of .County Commissioners to enact a comprehensive zoning ordinance for the Coastal Area Plain'ting District of Collier County, recorded 05/06/76 in O.R. Book 649, Page 1239, Collier County, Florida; I. Collier County PUD Ordinance No. 88-53, as amended by A~nendment Ordinance No. 91-15; and J. Final Order establishing Collier County Water District 1/7, as recorded in O.R. Book 282, F'age 976, said Agreement' amended in O.R. Book 586, Page 1610 of the Public Records of Collier County, Florida. TO IIAVIT. AND TO 11012) the above described premises, with the appurtenances, unto the sitid Grantee, its successors and assigns, in fee simple forever. And the Grantor does hereby covenant with said Grantee Ihai the Grantor is lawfully seized of said hind in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; and the Grantor does hereby fully warrant the title to said land subject to the matters referred to above and will defend Ihe same against the lawfi~l claims of all persons whomsoever. TIlE SUIIJECr I'I~.OI'EI~,TY IS BEING CONVEYED FREE AND CLEAR OF AI.A, IAENS AND ENCUMI1RANCES I'URSUANTTO OI*,I)ER I)ATI£D SEI~rEMBEI~. 21, 1994, UNITI£1) STATI£S BANKI*,UPTCY COURT, MIDDI~E I)ISTRICT OF I~'LOI~.IDA, CASE NO. 94-6641-91'1. IN WITNESS WItEI~,EOF, the Grantor has caused these presents to be duly executed its name by those thereunto duly authorized. WITNESSES: SOUTIIAMPTON 'DEVELOI'MENT COI~PORATION, a Florida corporation, ['or itself and as Debtor-in-Possession Milan Vrckovnik '~""--'~ Its: Presklent (Corporate Seal) STATI.':. OF FLOI~,II)A COUNTY OF COLI..IER The foregoing instrument was acknowledged before me this 13th day of October, 1994, by Milan Vrckovnik, as President of SOUTHAMI'TON DEVEI,OI'MENT CORI~OI~,ATION, a Florida corporation, as owner and Debtor-in-Possession of the subject property, who is pe,'sonally known to me; or who has produced a I':lorida driver's license as identification and dkl/dki not lake an oalh. (SI!Al.) ~6T^RY PUnLI~/ // My Commission Expi,'cs' Cmnmissitm Number: ClffilSTINA M. POi, VEL MY COMMISSION t CG 38887& ExPires: Ju,e 29. 199t I:]XIIIIIIT A AL/.''J'IIA'[' PAll°P OF ,ql':O'l:ION 26, TOWN,q. IITI~ 40 OOUTll, I{ANGE 25 COLLIi~iIt COUIq'I'Y~ I~I~OIIIDA~ IIEXNG 140RE PAR'P~CULAltLY I)I':gCIlXllED OF TIlE NORTH 150 FlglgW FOR RIGIIT-OF-IVAY AND 'l'lll~ BOUTI[ 1/2 0]? THE NOIITIIEABT 1/4 LE80 'l'l[Ig EAUT 100 Flgl~'[' FOR RIGIIT-OF-IffAY PURPOSES; AND TIlE NORTII 1/2 OF TIIE SOUTIIEAST 1/4 LES~ TIlE EAST 100 FEET FOR ItIGIIT-OF-WAY PUIIPOB1;:B; AND TIlE UOU'PIIEAI]'I' 1/4 OF TIII~ NORTII~EOT 'I'IIF: NORTil 1./2 OF TIlE fIOUTIIIffEOT 1/4 LESS TIlE ~qlgtlq' 50 TIlE EA:;T 30 FEE'I' OF THE SOUTI[WEf;T 1/4 01.' TIlE NOI{WIII~EST 1/4; 'l'ill~ NO~'L'I[ ~0 l~I]l~'l' OP TllI'] ~EST 30 FEET OF 'fill] E~T ~0 FEI;:'I' OF' TIIF: I;OU'I'I1WT. I~'P X/4 OF TIlE ~IOItWIIWEfI'P I.'OI;I,OWI;: ACCORDING TO WIlE PLAT *I'IIEREOF AS ItECOItl)I~D IN PLAT BOOK 11, I'ACJlCf; 7 A~II) Il, I'IJIIL][C lll':COlll)8 Of COLLIICll COUNTY; FLOltII)A, :lA:Ii) I'O:[NT OF Ill;:(]~[NNINO ALSO DI~INO A POI'NT ON TIlE fJOU'l.'ll OF TItle NOItTI! 1/2 OF TIIE SOIJTiIEAI;T 1/4 OF LIAII) IJECT:[ON 26 'I'I[I{:14CF: ALOIqO ~A]:D I;OUTII L~NE ALSO ])I~NO TI[I~ ]qOllTl{ LI~]¢ OF :;A~I) "V~CTOII~A L~AllI( ONE" AND TIIE NOILWI[ L]]NI~ OP PAl{l( TlqO'* ACCOIII)ING TO TII~ PLA'P TIII~ILEOF N~ ILECOllDED ~N PLAT I)OOK 12~ PAGE 65~ PUI1L~C ILECOIID$ OF COLT, lEI[ COIJNTY~ FLOIi~DA, A~II) TIlE ~/OIITI[ LINI~ OF "V~C'l'Oll~ P~Ill{ Ti'lO ~I)I)~T~ON'* ~CCOIll)~IG 'l'O TllI~ PI, A~P q.'lll;:lil]OF A~ TLI~OOIIDICD ~N PLAT llOOl( 1.3 ~ PAGE 46, PULILIC Ill~lOOlll)fJ O1~ COLLII]R COUNTY, FLORIDA, r;OU'l'l[ 119 "-09 ~ %qI'/I.IT 2562.10 FI::ET TO 'l, lI]~ SOUTIIWE$']3 COIINEll OF 'l'llI~ NOR'I'll 1/2 OF 'l.'lfl~ ~;OU'I'IIEASW 1/4; 'I'III~NCE ALONG '['i11~ SOUTll LINE OF TIlE NOIUPI! 1/2 OF TIlE LIOUTIlI¢I~S'F 1/4 ALONG. SAIl3 NOILTII LINE OF "V~[C'I'Oll]]A I'AIIK TWO AI)l~:['r]:o~l" AND TIlE NOI~Wil LINE OF'"VICTORIA 1'AilI( WEST" ACCOllDII4G '1'O 'l'l[l~ PLAT TIlEILEOF Al; ]IECOILD]~I) IN PLA'I' 11OOl( 13, PA(;Ef; 91 AND 92, I~UlJLIC IIECOIIDS OF COLLIEIL COUNTY, EXHIBIT A LY'I~NG 50 FEI~'I' I':AS']: OF, I,Y[£NG PAIIAIoIoEL WITII AND lql':ASUi~l.'.l) AT I[IGII'I' ANCILE.'~ TO 'I'][E I~II.'.'.3T LINE OF SAID SECTION 26; 'FIII,:NCE ALONG 'JA:I~I) I',INI~ '!,lOll'I'll 1"-40'-13" NI':~;'I' 1320. 64 l"l::l'Vl' A POINT ON Tl[F: NOllq'lI LINE OF *l'l[l'~ NOIITIIWI'];.;'I* 1/4 O1" 'I'I[E :3OIJTil~ll'~fl'F 1/4 O1'~ I]A:[D /3I",C'I'ION 26; 'l'lll':l~Cl~ AI,ONG tlA~[D NOII'I'I! LINE NOI[TII 119 °-03 ' -46" I::AS'F 1249 . l.'l','l::'F 'PO /% I'O.T.I%['F CII'I A I,][I'IE LYING 30 Flglg'l' %~1!:13'1' O1", LY.TN(: ])AIIALLI'IL feb.'i'll ANI) I,I[':A'JIJI[IgD A'I' RIGII'I' ANGI,I';/I '1'O 'Flll'] EA:I'I' O1" '['lie :[OU'l'lllqi'],'.iT 1/4 OF TIll.'] l'lOitTlllql.:'J'l' 1/4 O1" ~A]~I) :31:;C'I']iON 26; 'l'lll'lNCl:: ALONG ,'iA]ti) t,T. NI.~ NOIr'I'll 1"--43 ' -riO" %ql.:[:'l' 1';. 5;! . 40 l.'El::'l' 1% I'O]~N'P ON 'Pl[l~ IIOU'I'il ],INE OF 'l'lll'] NOI['I'I[ 60 1.'l'".IgT OI,~ '].'1[1'1 30 FIgE'l' O1.' 'l'llig I!:AII'F 60 Fi;:ig'F O1,' UATI) t}OU'FIIIqI".ST 1/4 OF TIll!: NOI('I'IINE:.|'F 1/4; '['III.:NC[.-' At,Oki(3 ,';Ail) l,I[ll~ ,qOU'I'I[ (I/1"-53'-4';" l~l".!]'l' 30.00 1;'lglg'l' A I'OIN'F ON TI[F, %qI".S'l' LINE OI.' TIlE NO1VI'I[ 60 FEET OF 'FILE I'~AS'[' 60 Fl:lig'l' OF flAIl) tlOU'l'l[%qg~'l'F 1/4 OF TIlE NOIVFIIWE:IT 1/4; 'PIIENCE ALONG SAIl) L/Nfl NOIFI'I[ 1"-43'-50'' lqE:;T 60.00 FEI'iT TO A ]'OIlq°l' Ol~l TI[fl lq. Il'I'll LII'IE OF SAID IJOU'FIIIqI~:ST 1/4 OF I'IOIUFI[Iql']S'I' 1/4 t '['I[ENCIg ALONG :lAID NOir'I'll LINE NOItTII llIl"-53'-,l';,, EAf}'I' 60. O0 FI?I~2'F '1'O 'I'IIE IIOtl,PIIll/F~,'J'P CORNER O1.' 'l'][l'~ NOI'UFllEA~tI'P 1/4 O1.' 'Pill;: NOIVFIII';I:]I}'I' 1/4 OF SAID SEC'PION 26 ALSO II l". ]: N (.: Till*. !IOU'PI[I~EII, T CORNEIt OF."tJOUTI[NINI) RII'FA'PES" ACCORDING TO TiIE PLAT 'F][I'~[[I';OI: Ail RECOltDF. D IN 1.'LA'F 13OO1( 11 PAGES 16 AND 17, PUIILIC O1:' COLLIER COUNTY, FI,OItIDA; TI[I'INCI'] ALONG TIlE :}.UTI[ LINE OF SAID'"IIOUTiIWII,ID I",UTA'I'I:~:}" AI'.,::O }}lING 'I'IIE SOS'FI[ L:[I'[I?, OF SAID NOI['I'][EA:I'I' 1./4 OF TIlE 1/,1, NOIUI'il [1[1"-53'-4'1" EA,qT 1327. 13 I"I']E']' TO 'PIll': !IOU'FllI",A:iT COI[I,IEI[ OF UA.El) "flOO'['lll~II'lD EtI'FA'I'I~I:J"; ALSO ]ll'",]~iqG '1'I[1'1 CORNEl( OF 'I'IIE NOIt'I'I[IqI~H'F 1/4 OF Till'] NOIITIII']AS'I' 1/4 OF tlAT. D !I EC'I'ION 26. 'I'III".NCI~ ALONG TI[F, EAI]'F LINE OF SAIl) "'U, OU'FI[Iq]:NI) ,Ig:J'I~A'FE~q*, AND AL(')I,IG 'Pill.: %'i lg / l '.[' L.T. NI'] OF IIA.TD NOIVI'IIIqI:J:IT 1/,I OI.' TI[I.~ .1./4 , I~IOI['P[[ 1 "-,19 ~ -23" I~I']~'I'P 11'/2 . 36 I'~I.'2I.".'P 'PO '1'1[1", COItNI'~Ittl O1,' '1:1[O:]1~ ][,ANDII AS I)I'*,SCItIIII:,'D IN OI'*];']iC]~AL ItI']COJtl) II.OK 1!~20, PAGE 1150, I'[.JIIIZ[C ItECOItDtl O1." COI,LII::lt COUI'PFY, 'I'III::NCIg ALONG Till;: IIOU'I'I[ LIN)': NOIVFII [Ifl"-,lS#-.1.1'' l.'.AIl'l~ 1325.:;5 I"I':I']'F TO 'I'I[E I':AI.1T LINI': OF SAIl) NOIVI'IIWI'],g'F 1/4 O]" 'l'l[l~: .t/,l; 'l'l[l':l'lClg ALONG SAIl) I::AIIT LINE tlOUTII 1.°-54'-11'' lgAfl'l' 11175.97 l"lglg'F '1'O 'l'l[|': NOII'PIEI'll'][i'I' COI[NI!:I~. OF 'l'lll] :IOU°I'I[I!:Af.~q' 1/4 OF '1'1[~ NOItq'I[I?.AS'F 'I./4; 'I'iEI".NCI:: ALONG 'Fills NOi['I'][ LI}II". OF SAID tlOU'I?II]']A:.VI' 1/4 OF Till:: · NOR'I'I[EAS'I' 11./4, NOItTi[ [1110-54'-29" l']A.g'P 1227.21 FI~;I;;T q'O A EXHIBIT A I'OT~IT ON Till.'] %qEGTERLY RIGI[T-OF-WAY LINE OF A~[llPOIUI'-PULLING ROAD (C.R. 31) ; 'I'III~NCE ALONG LIA;[I) HE~TEItLY ItIGilT--OF-t,;AY L]:NI,~, ~IOUTll 1"--5B'-57'~ EA~'I' 1331.15 FEINT TO TIlE NOIITII LINE OF THE }IOItTIIEAfl'I' 1/4 OF THE flOUT]lEAST 1/4; 'lillE}ICI{ LEAVif}IG SAID NORTH LINE CONTINUING ALONG SAID I';EllTI{IILY RIGI[T-OF-I{AY, SOUTI[ le-59'-12" EAII'I' 1327.59 FEET TO ~AII) NOI~TII'I~ADT CORNER OF "VICTORIA PAIIK ONE" AND TIlE POINT OF ]]EGINNING OF THE DESCRIPTION OF LAND PLATTED; TIlE FOREGOING PROPERTY. I~] ALSO KNOWN AS: ALL OF TI[I'~ TRACTS IN THE PLAT OF DOU'I'I[AMPTOFI, UNIT ONI"., Ail RECORDED IN PLA'P BOO]( 19., PAGE 92 OF Till". PUI.ILIC RECORDS OF COLLIER COUNTY, FLORIDA, AND' LUCAYA AT SOUTIIAI. IPTON, A REPLAT OF TRACT D OF ~]OUTIIA14PTON UNIT ONE, RECORDED IN PLAT DOOI( 20, PAGES 15-16, PUBLIC IIECORD.q OF COLLIER COUNTY, FLORIDA; AN[) · 'II]",N}IA AT SOUTHAMPTON, A IIEPLAT OF TRACT' II OF SOUTI[AMI'TON UNIT ONI'], RI.;:COI1Di'~D IN PLAT IlOOl( '20, PAGEII 17-111, PUI]LIC I~ECONI).'~ OF COLLIEIt COUNTY, FLOIIIDA. TO(iETIII'~It ~/'rot'll Uirjl'~ I'~AIrlI'~Mi,~N'i' ALONG Till", lql':,q'i' 50 1"1",1"21' OF Till", ~I01VI'll ]./2 OF 't'lll~ !1%t 1/4 OF IJEC'I']~ON 26, TOIqN/]IlII' 4ll :.IOU'I'll, ItAFIGF] 25 I~AZJ"I', COLI~I]~It COUN*I'Y, FLOItII)A. ,:':: ::i o _1 1RACI 'I EXHIBIT C ~ICOR~ID in O~lCl~ R~CO~$ o~ COLLIER COU~TT, ~ ,lO/ll/~( 8t 12:5~ DVIGH? i. BROCk, CLXRX PlC~ u? ASSIGNMENT OF EASEMENT_ TillS ASSIGNMENT OF EASEMENT (the "Assignme,lt") is nlade this 131h day of Oclober, 1994, by SOUTIIAMIrFON I)EVEI..OPMI,;NT CORi'ORATION, a Fiorkla corporation, for itself and as Debtor-in-Possession under Chapter 1 i Bankruptcy, United States Bankruplcy Courl of Ihe Middle District of Florkla, Case No. 94-6641-9P1, whose address is 9809 North Airport Road, Naples, Florida 33942, hereinafler referred to as llte "Assignor," and TAYLOR WOODROW COMMUNITIES, a Florida general partnership, whose address is 1900 Longmeadow, Sarasota, Florida 34235, hereinafter "Assignee." 3VITN ESS ETII: WIIEREAS, Assignor is the owner of those certain parcels of land lying and being in Collier County, Florida, as more particularly described on Exhibit "A" (Ihe "Property"); nnd WIIEREAS, in connection wilh its usc and ownership of Ihe l'roperly, Ihe Assignor obtained a Grant of Easement from lite Board of County Commissioners of Collier CoIIllly elated September 1, 1992, and recorded in O.R. Book 1750, Page 1368 of tile Public Records of Collier County, Florida (the "Ensement"); and WIIERI~AS, pursuant io Ihat certain l'urchase and Sale Agreement dated September 13, 1994, between Assignor (as Seller) and Assignee (as Purchase,-), the Assignor has agreed lo sell, aud Assignee has agreed to Imy, Ihe I'roperly, together wilh Ihe Assigl,~or's rights, title and interest in the Easement. NOW, TIIEI~.IEIi'ORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parlies agree as follows: 1. Assignor hereby assigns, Iransfe,'s and sets over t,n(o Assignee all of its right, title and inlcrest into and under tile terms and conditions of thc Easement. 2. By acceptance of this Assig,mmnt, Assignee agrees that it is bound 'by the terms, obligations and conditions of the Easement. PMDI515 10/12/94 12:0On(mn .~ EXHIBIT ~ ~ IN WITNESS WIIEREOF, the ^ssignor has caused Ihis Assignment to be duly executed as of lite day and year first slated above. ASSIGNOR: SOUTIIAMI'TON I)EVEI, O PI~! ENT CORI'ORATION, a Florida corporation, for ilself and as Dcbtor-in-l*ossession lly: Milan V,'ckovnik lis: l'rcsidcnl (Corporate Seal) STATE OF FLORIDA COUNTY ()F COLLIER The foregoing instrument was acknowledged before mc this 13Ih day of October, 1994, by Milan Vrckovnik, as President of SOU'I"iiAMrq,ON DEVELOPMENT CORPOII~ATION, a I:lorida corporation, as owner and Debtor-in-l'ossession or the subject Easement, ' who is personally known lo me; or .~ who bas produced a Florida driver's license as idenlificatio,n and did/did not lake an oalh. (SEAL) I o'r^RYI,UBLIC ' // \ Pdnl Name My Commission Expires: Commission Numl)er: 2 COl.l,]l~:ll COIlI'I'I'?~ l~r.,Oll]:l)~ lll~N(J HOILI': PhIUI'[C;UI, AIIT, Y I)i'.,,~ll.l. ill':l) I.'O I,l,gil~J: . 'Pill.: }lOIl'l'lltfl]ll'l' .I./4 O1.' 'l'lll¢ I]Oll't'lll.,~,,l J./4l,l.,,I.., 'l*lll~ ~1OI1'i'11 ! ' I' I."P · :., ].'O11 il[611'l'-(ll~-Jf~f, pUiIPO~j'~ ..... I..I,, ~I,1]O l,l.,I.1 '1'111~ I;OU'I'II ]~0 I~1~1.:'1' '1'111] ~JOg'J'il tJ2 O1..' 'l'lll] l~Oll'J'ill~ll'J' ti4 LI:,a.J 'l'lll~ l.:~a't' J. oo 1¢I;1~'1, PI)it hNl) '1'i11': ~JOU'L'III~i]'I.' :1.~40l~ 'l'l[l~ NOIUL'IIi~I~U'P 'l'lll~ ~Oli'~ql ~ OJ~ U'I[~] lJOU~L'IlJ~[I'I' ~4 T~l~f]l.I U'ilI'] ¥ll~ll'l' 50 l~hll'[' 30 l~l;l{'l' Ol~ 'l'l[l': ~Og't'lllql':tlT 1/4 Oi~ 'l'ill; I '' '"" I OIt 111;~i~., I J./,I HOIt'PII 60 FI~I':'I' Ol~ '~II1¢ '1ql;~'l' 30 l"l;I;'l' O1" 'i'lll; I~'1' 60 l~l;l;'l' OI* llOU't'lilll~l'l' J./4 Ol~ '1'III~ HOiI'I'III¢I~a'Y ~/42 III~I:[HI~ZN(I h'l' ~['11I~ HOII'I'IIB~II'I' CORNieR OP 'V];g'l'OIt~ P~Illl OI.I1~~ ACCOlll)~tlf~ '1'O ~1'111~ PT,~'I~ U'III~IlgOI~ hll Iti~gOItl)F;I) :IN Pi,h'l' IJOOi~ I?fifJl~ll '/ ~ND IIt PUII~[C Ill]COIII)ll Ol~ COF, T,~I~IL OOIJN'l'Yt ~lh:l;I) l~O];N'l~ O1" IJI~U];NR~Na hlMIO lll]Zff(l h PO~]N'J' ON, 'L'Ill~ IIOU'I'II Ol~ 'l'lll~ l~Oll'l~ll ~J2 Ol~ tl'lll~ l]OIJ~l'llff~lJ'J' lJ4 O1.' flail) I.IlCC'I':[ON 'l'lli~:NCl~ ~J~Ol~ ~I~:[D IIO1J'l'll T,~Ni] ~[,llO l]l:]]ff(~ Till;: NOll'l'll [,~NI': tlh]i:l) ~VZC'I'OIt~A PAIIK ONI~~ ~NI) U'III~ NOll'l'll T,:ENi~ O1.' "V~C'1'OllZh Pfilll( ~l'l'lO~ ~CCOItl)~N(J '1'O 'l'llff PL~'I' 'J'ill~lil~Ol~ ~:l III~COitDI~D :t'N PI,A'I' ilOOK 12, 1]h(ll~ 65, PUIII, ZC Ill]COllDU O1~ CO[~f,ZI~It COIlN'I'Y, Al'ID 'l'lll~ l'lOIt'l'li T,:I:HI'I O!~ ~V]C'i'OII:[~ P~III~ 'l'JfO AlJl)'L'I'ZON~ '1'O 'l~lll'~ Pl,~'i' 'J'lll':ltl~Ol~ ~ Iti':COIIDI~D ~N PI,~'I' IIOOi( J. 3, l)~(Jl~ 4 ~, PUl.ir, lc IIi~COIIDLI OP COLT,~i.:iI COUN'1'Y, 1~l, Olt]:l)~ I.JOu'i'Ii fig "-09 '-3.L~ . lfl~lJ'l' 2562.J. 0 1~1::1~'1' ~1'O '1'Ii1~ aOg'l'iilfl~U'l' COIINF:II Ol~ '1'II1~ NOIi'I'II O1.' '1'!Ii~ IIOU'!'III]~J'I' 'I'III.:HCI~ ~1,OI~ '1~111~ UOU'~II ~,~LII] OP 'l'ill~ HOIt't'Ii .L/2 O1~ '1'IIi~ A1)I):I:'P]:ON~ ~hNI) ~.PIII.: NOR'I'll T,[NI~ O1~' "v:eo'yOlta:~ P~lll( l~l~ff'l'~ hCCOIID[Hg '1'O 'l'lll.~ PI,~'I' 'l'lll.;It~Ol: hU RI~OOILI)I.:I) ~N Pl, fi'l' BOOK l'~(~l~ll 9~ hNI) 92t PUIII,]C lll~COltD~J Ol~ CO[,b~l~It COUNTY~ /',Y:r. Nd 50 1!' I~1.;'1' I'~.~l'l' O1.'~ i',Y'3:N(} I?zA]I~T,T,I~To ~:L'I'II ~HI) t, ll.',~,.qUltI.H) l/,~llGIl'l' ~NCII',I':II 'l'O 'fill'.' %'/H."J'I' I,T..I,~I; O1" :I,,'%]:I) :'.li.;(:'['.'[:ON 26;' 'I'I[I':NC'.F: AT, ON(} IJA:F.I'} T,~Ni': HOIt'J'][ .L"-40'-.'L:I~' I'IH!.I'/' J. 320.G4 1"1::1':'1' '1'O A I*OEEN'I' OH 'J'l[i", NOIUI'II T,.T. HI'~ OI" '['lll'~ NOlt'l'lll~THl{'l' }./4 Of" H'iII!| ' :~OU'I'III'll'Ili'I' 1/4 O1,~ I}~]:I) !II']¢,'°PIOH 26; 'J'IIHI,ICH ~l,Olnl~?, :11~.~1) NOIUI'II I,.~NH HOll'l'll 11.9 '-0.~ ' -4 6" HJXI. I']: .t,".4.9 I:I':H'I' 'l'O ~ I~OT.H'I' OH )k T,'I:HE I,Y.~:H{~ :10 I"I".H'I' 1~1':1~'[' O1", I',Y~isHI l'?Xll~r,l,l'lT~ H.T.'I'II ]kill) 141'~?~:IUilI".D ]VI' It.T. Oll'l' ~N¢}~,I'~:.I '1'O 'I'IIH P.}X!1'I' OI'~ ,Pill'] :IOU'I'iII'II'~:I'I' :L/40l" 'PllI'~ HOlt'I'III~I'.'B'I' :L/4 O1" B~X:I:I) !II'~C'I'.~OH 26; 'I'III".H¢.'H /kT~OH~., :I/X.TI) I,'f. HH HOll'Pl[ .1.'-4LI ~ -!i0'* I¢1',*II'1' .1.2L;11 . 40 /X I'O.~:H'I' OH 'I'IIH :iOll'.l'll To:ENI': Ol" °1'1[I". NOIUJ'II 60 1.'I".H'I' O1" 'I'IIH :11) 1;'I','I'YI' O1" 'I'IIH H~H'I' 60 I"1".I".'1' O1" ~}/~.TI) :IOU'I'III~I'~:;'i' .t/4 Of 'I'III':HCi'~ ~T,OH~I :I?~.T.I) T,I~HI~ .qOU'l'li 0f1'-~}3~-4'/** %~1".:'~'1' :10.00 I.'l?.l".'l' '1'O A I'¢).T.N'I' (}~l 'I'IIH I'!1':11'1' I'..~:HI'~ O1.' 'i'I[H NOIr'I'll 60 I"I".H'I' O1" TIlE I:l';H'l' Ol" H/k.~l} llOIl'l'lil~13.!i'l' .1./4. O1,' 'I']IH I~Oil;1'11%~1".:]'.1' :1./4; 'J'III".NCI'I /~T, ON(1 !.1~!) I',.T. NH ~OIUI'I[ .1.'-43~-50'* l'll'~:l'l' 60.00 1"I~I'H' 'i'O'/X ]'O.~l'[li' OH 'i'lil'~ HOll'l'l[ i',TNI'~ OF' B~'£D BOU'I'IlI~HB'I' ~/4 O1" l'lOIUl'lll'/l';.~'l' .t/4; 'l'lll".NCl", ~ToOH(~ :}/k.T.D ~lOll'lq[ T~.~:HE HOR'PII 1111".-53'-,1'i*' I~)XB'I' 60.00 I"l';l':'l' '1°O 'J'lll'; :lOIJ'l'lll~l'~fJ'l' ¢.'OllNi~i~ Ol" 'I'liFI.HOIUI'III",/X,H'I' .1./4 O1'~ HO1UI'III'II';B'I' .t/4 OI" II~.~D ,qHC'I?.~OH :2.6 ~[0f}O III'LT.H(; '~'111'~ COIINT'.'R O1,' "HOI/'I'IIIi.T. HI). 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Hi'~ NOll'Pl[ 11fl'-4~-J..t'' I".~X:l'l' t.'t.m'v 'Po '~'~tt.: ~.:~r.,.P r,:r.~l.: o~, :~) ,o~t,[,~iv~.::.~,~, .t/4 o~.' ,l'~.-. ~ou'~'~lt.:a::,~' .t/,t; 'I'III';H(~H /~oOH¢} flA'~l~ I'~A/I'I' T,.~Nl'~ LIOU'I'I{ :L'-54~-.t:l.'' H/X{I'I' .1..t'/:;.9'/ I.'F,'I".'I' '1'O' 'l'lll'~ HOIUI'Ill'II';:I'I' COIIHI'Ht Ol" 'I'IIH :IOU'I'IIH/X!i'I' .t/40l". NOIUJ'IIP.?k,q'I' .1./4 $ 'I'III".NOP. }~T.ON'~} 'I'ilF: NOIUI'II T,.~HP, O1" ..qATI) flOU'I'III~X!I'I' .t/4 Of: · NO1UI'III'~.q'I' ,t/4· NOII'I'II ~11'-54·-29" l'~I'l' ~L22'/.2.t I"I'~I",'1' '1'O POINT 01.' lil':GINNING OF Tile DF,:ICI[II'TION 01" LAND PLATTED; COLL]:I.]I[ COUNTY, I"LOHIDA, AND' LUCAYA A'I' :IOUTilAHI.'I'ONi A I[Ei.'i',AT 01.' 'I'ilACOl, l) OF lJOU'I'HAH[,TON UNIT ONg, I~i~COI[DED IN PLAT IIOOK 20, I'A¢.:E.'J 15-16, PUII}',IC RF. COIIDII OF COLLII.;:R COUNTY, I"LOI[IDA; AND 'J'O(:l~'l'lll~:i[ Iii'I'll UIII", i.",A[II':I. II~N'I: AI,ON0 Till.| l~l~l]'l' 50 1,'1-:1.:'1' 0l.' Till.: NOR'I'll lJ;: O1.' TiiI.~ :ll.l lJ4 Oi.' [iI.":CT].'ON :~,, 'I'OWNIJIIZl, 411 lJOU'l'll,. RAH(Il.: 25 I.:A:I'I"~ COLL~[lgll CO[IN'I'¥,. Bond No.: 16-31-57 Premium: $109.00 UTILITIES PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that we, TAYLOR WOODROW COMMUNITIES, a Florida general partnership ("Partnership"), by Monarch Homes of Florida, Inc., a Florida corporation, a General Partner, and Taylor Woodrow Home~ Florida, Inc., a Florida corporation a General Partner, herein called "Principal" whether one or more, and AMERICAN HOME ASSURANCE COMPANY (herein referred to as "Surety"), are held and firmly bound unto Collier County Florida, (hereinafter called "County"), in the total aggregate penal sum of TWENTY-ONE THOUSAND EIGHT HUNDRED SEVENTY DOLLARS AND 28/100 ($21,870.28) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the contest requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner entered into a certain Utilities Facilities Construction Contract, dated thc loth day of December, 1997, a copy of which is hereto attached and made a part hereof; and WHEREAS the County has a material interest in the performance of said Contract; and WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land Development Regulations") concerning the Owner's obligations to the County regarding the construction, conveyance and warranty of water and sewer facilities constructed within the unincorporated area of collier County; NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties to the County under said Land Development Regulations and all the undertakings, covenants, terms, conditions, and agreement s of said contract during the original term thereof, and any extensions thereof which may be granted by the owner, with or without notice to the Surety and during the guaranty period established by the County, and thereafter, and if the owner shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than 20 percent, so as to bind the owner and the Surety to the full and faithful performance of the contract a~ so amended. The term "Amendrr, ent", wherever used in this bond, and whether referring to this bond, the Contract or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this instrument to the executed this (lay of ,1998. Signed, Sealed and Delivered in the presence of.' MARGARET E. BOUCHER r~d~typed name TAYLOR WOODROW COMMUNITIES, a Florida General Partnership By: TAYLOR WOODROW HOMES FLORIDA, INC. a Florida Corporation, a General Partner John R. Peshkin, President Printed or typed name o,ts,"-u, o~m~u u.d Dcllvc~.d presence eft Signed, Sealed and Delivered .-Printed er typed By: MONARCH HOMES OF FLORIDA, INC., ~~)~ ~ a Florida Corporation, a General Partner MAI~ARET E. BO/OCHER Printed of typed name John R. Peshkin, President ~/~~d ~.__~~('7~ ~~Printed °r typed name. Print~0r' typed name Approved as to forlh'~ le~tal auffi~l~acy /~' ~ ~' ~ Am~tant Co~mt~ l~y -2- The foregoing instrument was acknowledged before me this [ ~-day of ,.Tv Iv , 199._~8 by John R. Peshkin as President of both Taylor Woodrow Homes Florida, inc., a Florida Corporation and Monarch Homes of Florida, Inc., a Florida Corporation, as the general partners of TAYLOR WOODROW COMMUNITIES, a Florida General Partnership. v// who is personally known tqt'ne; or ~ who has produced a Florida driver's license ad identification and did/did not take an oath. MARGARET E. BOUCHER Print Name My Commission Expires: Commission Number: -3- The lbregoing instrument was acknowledged before me this __th day of 1998, by as of AMERICAN llOME ASSURANCE CO., __ who is personally known to me, or __ who !~as produced a Florida driver's license as identification and did/did not take an oath. NOTARY PUBLIC Print Name My Commission Expires: Commission Number: File:\m:alnipro\upbth -4- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On July 22, 1998 before me, Janet C. Rojo, Notary Public personally appeared ................. Patrick T. Moughan ................. []personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. American Home Assurance Company National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 175 Water Street. New York, N.Y. 10038 KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY No. 03-B-54650 That American Home Assurance Company, a Nexv York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint ---Terry ,J. Moughan, Jack 31. Woodruff, John R. Lamberson, Cynthia L. Lewis, Donna M. Gergurich, Susan Gannuscio, Patrick T. Moughan: of San Francisco, California-- its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and ~vritings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WltEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents this 2nd day of March, 1998. Lawre~,e/W.'-Carlstrom, ~Senior Vice President National Union Fire Insurance Company of Pittsburgh, PA. Vice President, American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 2nd day of March, 1998 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office. I~0. O1H/kS{It1428 ~' '- ' 6/ CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18, 1976: "RESOLVED, that the Chairman of thc Board, thc President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in thc nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business: "RESOLVED. that the signatures and attestations of such officers and thc sca! of the Company may be affixed to any such Power of Attorney Or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon thc Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may inscrt in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in-Fact." I, Elizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by th,: Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, arc true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WtlEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation tiffs 22nd dayof JULY ,19 98. ~-- Tuck, Secretary 65166 (4,96) I[VIPROVEM ENT AG REEM ENT This Improvement Agreement (thc "Co,~tract") is made as of this/d ... day c; "<-' ', 1997 by and between TAYI.OR WOODROW COMMUNITIES, (tile "Owner") and MITCIIEI.L & STARK CONSTRUCTION CO., INC. (tim "Contractor"). A. Owner is undertaking the developmcrtt ofTract H of Stonebridge Country Club, formerly known as Southampton at Naples subdivision in Collier Cotmty, Florida which consists generally of subdivisiort improvements, infi'astructurc and related off-site improvcnlc,ats (tile "l'rojcct"). B. Owner desires to retain Contractor to provide certain construction and other smwices and activities in connection with tile Project all in accordance with thc plans, specifications, and other documents prepared by Wilson, Miller, Barton & Peek, Inc. (tile "Engineer") and thc terms and conditions of this Contract. C. Contractor desires to per£orrn such construction and other services and activities ;ts more specifically described in this Contract. in consideration of the covenants and agrcenle,lts beret,1 contained, and other good and valuable consideration, the receipt and sufficiency of whicii arc hereby acknowledged, the pm'tics hereto agree as follows: TIlE WORK OF TillS CONTRACT I. 1 Tile Contractor shall excculc tile entire work dcscrib(~d in the Contract Docurnents listed in Article 6 of this Contract or reasonably inferable by the Contractor from tile Contract Documents as necessary to produce tile results intended by the Contract Documents inchtding, without limitation, all labor, materials, equipment and services provided or to be provided by Contractor to fiflfill the Contractor's obligations (collectively, the "Work"), except to the extent specifically indicated in the Contract Docunlents to be tile responsibility of others. AI¥I'ICI,E 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 Tile "Date of Comnlcnccmcnt" sllaii be tile date set forth i,'t a notice to proceed fi'om tile Owner to the Contractor. Contractor acknowledges and agrees that the Project may be constructed in phases as described in thc Contract Documents. hi such event, the Owner shall have tile right to clcsignatc tile Date 0fCommcnccnmnt, and Substantial Completion and Final Completion dates for each phase of tile Project. 2.2 The Contractor acknowledges and agrees that the Cont,'act Docurncnts, including tile Schedule of Values designates multiple jobs for tile Project. The Contractor shall diligently prosecute the Work and achieve ti) Substantial Completion (tls defined in Paragraph 14.2) of tile entire Scope of Work not later than sixty (60) days after tile Date of Commencemcrtt and (ii) Final Completion (as defined irt Paragraph 5.1) o£the entire Scope of'Work not later than ninety (90) days after the Date of Comnmnccment, or (iii) such other date or dates'as specified in a notice lo proceed for a particular phase of tile Project (each of the foregoing dates are sometimes rc£crrcd to herein as tile "Contract Time"), subject to authorized adjustnmnts of this Contract Pagc 1 Timc as provided ill tile Contract Docunlcnts. Thc parties agrce that il would'be extremely difficult and impracticable under tile presently known and anticipated facts and circumstances to ascertain and fix the actual damages the Owner would incur should Contractor delay in achieving Substantial Conlplction and Final Cornplction on or before tile dales established and accordingly lite parties agree that if Contractor fails to so achieve Substantial Completion and Final Completion by the dates established pursuant to this Article 2, then the Oxvner shall be entitled to recover liquidated damages from Contractor in tile amount of Five Hundred Dollars ($500.00) for each calendar day Substantial Completion or Final Completion for a Unit is so delayed by Contractor. Before beginning Work, the Contractor shall submit to the Engineer and Owner for approval a detailed schedule of Contractor's operations with appropriate milestones, ltl general, the Contractor's work shall be so scheduled as to expedite tile completion of the Work and to interfere as little as possible with the operations of the Owner and other contractors. A I¥1'ICIAr~ 3 CONTRACT SUM 3.1 Thc Owner shall pay thc Contractor in current fimds for tile Contractor's propcr performance of the Contract and the completion of tile Work, the Contract Sum (including general conditions and the Contractor's overhead and profit) in an amount equal Io Three hundred eighty-two thousand nine hnndred twenty-one dollars and 31/100 (382,921.31), subject to authorized additions and deductions as provided itl the Contract Documents. The parties acknowledge that the Schedule of Values attached hereto as Exhibit "A" contains quantity estimates prepared by the Engineer and acceptcd and adjusted by the contractor. In the event that the actual field quantities certified by the Engineer are less than the estimates, the Contract Sum will be adjusted utilizing the unit costs contained in the Schedule of Values for the particular item(s). In no case will file owner be billed for quantities that exceed tile estimate. Exhibit A-l, Tract H - Cleat' and Burn Exhibit A-2, Tract Il - Water/Sewer, Storm and Irrigation Exhibit A-3, Tract H - Earthwork Total $ 18,850.00 316,021.31 48.050.00 $ 382,921.31 Tile Contractor's unit costs specified in tile Schedule of Values shall be considered complete and includes, without limitation, all materials, equipment, labor, installation costs, overhead and profit. ARTICI,I~ 4 PROGRESS PAYMENTS 4.1 Based upon Applications for Payment submitted to tile Engineer by tile Contractor including all supporting documentation as hereinafter provided and Certificates for Payment properly issued by the Engineer, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. The period covered by each Application for Payment shall be one calendar month ending on the last clay of the month. On or about the 10th day of each month, the Contractor shall submit to the Engineer for approval an Application for Payment on account of thc Contract Sum in proportion lo Work completed through the last day o1' thc month prior to the month itl which the application is made. Each Application for Payment slmil show the percentage of completion of thc Work based upon Contractor's estimate of tile portion or the Contract Sttlll properly allocable to (i) labor, materials and equipment incorporated itl the Work during the period commencing on the clay after the last date covered by the preceding Application for Payment (or the date of this Contract if no payments have been made) and ending on Ihe last day of the month for which the Application for Payment is made (the "Application Period"), and (ii) materials and equipment properly stored at the site of the Work or at some other location mutually agreed upon in writing by Owner and Contractor; provided that ©wncr shall not be obligated to make payment for offsite rnatcrials or cquipn'~cnt. PMDI289 Page 2 Contractor's estimate of the percentage of completion shall bc subject to final review and certification by the Engineer and approval by the Owner. In addition to other required items, cach Application for Payment shall be accompanied by the following, all in form and substance satisfimtory to the Owner and in compliance with applicable Florida statutes: ( 1 ) A duly exccuted and acknowlcdgcd Contractor's Sworn Statement showing ail' subcontractors and material suppliers (hereinafter "Subcontractors") with whom Contractor has entered into subcontracts, the amount of such subcontract, the amount requested for any Subcontractor in thc Application for Payment and the amount to be paid to the Siibcontractor fi-Onl such progress payment, together with similar sworn statcments £rom all Subcontractors and, where appropriate, from sub-Subcontractors; (2) Duly executed Waivers of Construction Liens from the Contractor and ali Subcontractors, establishing payment or satisfaction of the payment requested by Contractor in tile Application for Payment; and (3) Such other information, documentation and materials as the Owner or the Engineer may require. 4.2 Engineer shall review each Application for Payment and tile supporting documentation shall st,brnit to Owner a Certificate for Payment certifying the amounts owed Contractor based on the percentage of completion of the Work for the Application Period. If the Application for Payment and all supporting documentation is in accordance with the Contract Documents, payment shall be made to the Contractor on or about the 30th day o f the month in which such Application for Payment and Certificate for Payment is received. Payment not properly requested in a timely manner pursuant to this Article 4 shall be deerned waived. The amotmt paid pursuant to each Application for Payment shall be ninety percent (90%) of the amount certified by the Engineer in the applicable certificate for Payment. The Owner shall be entitled to retain ten percent (10%) of the value or'the Work as certified by the Engineer as having been completed to assure the faithful performance of the Work arid the other obligations hereunder by the Contractor (hereinafter referred to as the "Rctainage".). Any Retainage (less any amounts the Owner is otherwise entitled to withhold pursuant to the Contract Documents) shall be paid to thc Contractor at the time of final payment. 4.3 Tim Engineer, in consultation with tile Owner's projcct manager, may decline to certify paymcnt and rnay withhold thc Certificate for Payment in whole or in part to the extent neccssary to reasonably protect the Owner, if in the Engineer's opinion, the Engineer is unablc to ccrti fy that the quality and quantity of the Work is in accordance with the Contract Docun'mnts and tile Al~plication for Payment. The Engineer may also decline to certify a payment or, bccausc of subsequently discovered evidence or subsequent observations, the Engineer may nuili fy tim whole or any part of any Certificate for Payment previously issued to such extent as may be necessary, in the Engineer's opinion, to protect the Owner from loss because of (1) defective Work not remedied; (2) third-party claims filed or reasonable evidence indicating probable filing of' such claims; (3) failure of the Contractor to make payments properly to Subcontractors for labor, materials or equipment; (4) reasonable evidence that tile Work cannot be complctcd for the unpaid balance of the Contract Sum; (5) damage to the Owner or anothcr contractor; (6) reasonable evidence that thc Work (or any portion thcreo0 will not be completed within the time periods specified herein; or (7) persistent hilum by thc Contractor to carry out thc Work in accordance with the Contract Documents. 4.4 The Owner shall have the right (but not tile obligatio, n), at any time, without ['urthcr notice to Contractor, to pay dircctly or by joint check any laborers, Subcontractors or other persons or entities who are either listed in the Contractor's Sworn Slatcment or who have filed a lien or notice to owner under the Florida Constnmtion Lien Law. PMD1289 Page 3 ARTICIA~ 5 FINAl, PAYMENT 5.1 Final payment, constitutir~g the entire unpaid balance of the Contract Sun'* including the Retainage, shall be made by the Owner to tile Contractor within thirty (30) days after the date when the Work has been completed in accordance with the Contract Documents, the Contractor's obligations are fully performed in accordance with the Contract Documents, a final Certificate ['or Payment has beer! issued by the Engineer and the Work is capable of being beneficially occupied or nsed for its intended puq~ose, a certificate o f occuparmy or letter o f acceptance, as applicable, has been issued by the applicable govemn'*ental authorities and thc rmmicipality in which the Project is located, and ali punch list items have been completed to Owner's satisfaction CFinal Completion"). h'* addition, before final payment is due, the Contractor shall deliver certain itcnls to the Owner, including, but not limited to, (1) all maintenance and operating mammls, (2) n'*arked sets of field record drawings and specifications reflecting "as-built" conditions, irmlnding the location of any concealed utilities, mechanical or electrical systems and componer~ts, (3) any special guarantees or warranties required by the Contract Documents, (4) assignments of all guarantees and warranties from Subcontractors, vendors, suppliers or manufactnrers, (5) a list of the nmnes, addresses, and telephone numbers of all Subcontractors and any other persons providing guarantees m'*d warranties, and (6) all testing results on workmanship and materials required by tile Contract Documer~ts. ARTICI,E 6 ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contract Docun'*cnts ir~clude this Contract, the Plans and Specifications listed on Exhibit "B" attached hereto, tile Special Conditions, Schedule of Valucs, tile Contractor's milestone schedule, and the listing of Subcontractors, manufacturers and suppliers submitted by the Contractor with its bid proposal. 6.2 Itl tile event anything contained in any of thc other Contract Docun'*ents conflicts xvith tile terms and conditions of this Contract, the terms and conditions of this Contract shall govern and control. ARTICI,E 7 CONTRACT DOCUMENTS 7.1 Tile intent of the Contract Documents is to include all items necessary for tile proper execution and completion of the Work by the Contractor. The Contract Docmnents are complementary, and what is required by One shall be as binding as if required by all. Performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from then'* as being necessary to produce the intended results, h'* general, the Plans will show dinlensions, positions, type of construction, and the Specifications will define materials, qualities, m'*d rnethods. Work not particularly detailed, marked or specified, shall be the san'*e as similar parts that are detailed, marked or specified. Tl)e Plans shall be accurately followed as to scale, except where figures are given for dimensions, which shall in all cases, be taken in preference to the scale measurements. Large size details take preccdence over small drawings irt all cases. In tile case of discrepancies or ambiguities between the Plans and Sr)ecifications, the Specifications shall govern. Should there be any error in thc Plans or Specifications, the Contractor shall notify tile Engineer at once and tile Engincer will issue instructions to tile Contractor. If tile Contractor proceeds without notifying thc Engineer and/or complying with Engineer's instructions, tile Contractor shall be fully responsible for any resulting damage or defects. For convenience, thc Specifications may be arranged in various trade sections, but such segregation shall not bc considered as limiting thc. Work of any subcontracts or trade and the Owncr will not be rcsponsiblc for any division of Work by subcontracts. Unless otherwise provided, thc Contractor shall be solely responsible for ali subcontract arrangements of Work, regardless of thc location or provision itl the Si')cci fications. Pagc 4 I)M D1289 7.2 The Contract Documents shall not be construed to create a contractual relationship o[. a,ly kind ( 1 ) between the Engineer and Contractor, (2) between the Owner and a Subcontractor or 'sub-Subcontractor or (3) between arty persons or entities other than the Owner and Contractor. 7.3 Execution of the Contract by tile Contractor is a representation that the Contractor has- visited the Project site and become t'amiliar with tile local arid any special conditions under which the Work is to be perrom'md. 7.3.1 Contractor represents and warrants that its investigation of tim Project site ,,vas performed in detail and was sufficient to disclose the condition of thc Project site and all improvenmtlts thereon, and the conditions under which the Work is to be performed, including, without limitation (i) tile location, condition, layout, and nature of the Project site and surrounding areas, (ii) continued use and occupancy o£all buildings and improvements located on or adjacent to tile Project site, (iii) anticipated labor supply and costs, (iv) availability and cost of materials, tools, and equipment, and (v) °tber similar issues pertinent to Ibc pcrl'ommnce o£ the Work. The Corm'actor shall make its own investigation to determine the exact location of all existing and proposed utility lines and other subsurface structures, including soil conditions'prior to doing any Work and shall not rely on any inlbnnation set forth itl the Plans and Specifications with respect thereto. Contractor'sbali be fifily responsible for taking ali necessary steps to avoid damage to subsurface utility lines and structures and to prcvcnt interference or disruption of utility service. 7.4 Owner assumes no responsibility or liabilily for thc physical condition or safety at tile Projcct site or of'any improvements thereon. Contractor shall be solely respor~sible for providing a sale place ['or the performance of'thc Work. 7.5 Contractor bcrcby acknowledges and agrees that any infomlation, materials, and test data lhrnished to Contractor by Owner or Engineer, excepting the Plans and Specifications, are supplied solely for the convenience of the Contractor. Oxvncr makes no representation or warranty regarding the accuracy, completeness, or adequacy of' such information, materials, and data, and Contractor must veri fy independently that such items are sufficient to be relied upon itl connection with the Work. 7.6 Owner shall not be required to rnake a,ly adjustmcnt in either tile Contract Sum or Contract Time in connection with any failure by Contractor to comply with the rcqui,'cn'mnts of paragraph 7.3 through 7.5. 7.7 Whenever in tile Specifications or Plans, any material or process is indicated or specified by patent or proprietary name and/or by name of' nlanufacturcr, such itcrn shall be deemed to be used for the purpose of facilitating description of the material and/or process desired and shall be deemed to be followed by tile words "or Owner approved equivalent". ARTICI,E 8 ()WNEI~ 8.1 Thc Contractor shall lay out its Work fi'om base lines and grid stakes established by thc Engineer and shall be responsible for all mcasurcnmnts irt connection therewith. The Contractor shall, at its own expense, furnish tcrnplates, platforms, equipment and labor that may be required in setting or laying out arty part of the Work. The Contractor will be held responsible for the proper execution of the Work to such lines and grades as rnay be established or indicated by the Engineer frorn time to time. One set ofstakes will be provided. Said stakes shall be set at the Owner's expense. The Contractor will be responsible for the cost of arty restaking required by tim Contractor. It is the Contractor's responsibility to protect constnmtion stakes for as long ns they are needed. The Contractor shall give 24 hours notice to Engineer when the Contractor will require the services of the Engineer for staking out any portion of the Work. PM D 1289 Page 5 It shall also be tile responsibility of the Contractor to protect all other established markers or survey monuments. Should it be necessary to remove any such markers or monuments, the Contractor shall have them referenced and replaced by the Engineer at tile expense of tile Contractor. 8.2 Thc Owner shall secure and pay for necessary approvals, casements, asscssmcnts and charges required for tile construction; provided, however, that any approvals, casements, assessments, and charges required in connection with Contractor's construction means, methods, techniques, sequences, or procedures arc solcly the responsibility of Contractor, regardless of the availability of any other construction rneans, methods, techniques, sequences, or procedures. 8.3 If thc Contractor fails to correct Work which is not ill accordance with thc rcquircrncnts of thc Contract Docurner~ts or in the Owner's reasonable judgment fails to carry out thc Work in accordancc with the Contract Documents, the Owncr, by a written order, nlay order the Contractor to stop the Work, or any portion thereof, until thc cause for such order has hccn eliminated; however, tile right of thc Owner to stop tile Work shall not give rise to a duty on thc part of Ibc Owner to exercise this right for the bencfit of the Contractor or ally other person or entity. Notwithstanding the foregoing, however, the Owner shall not be responsible for, and will not have control or charge of, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with thc Work, and shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documcnts. Thc Owner shall not be responsible for or have control or charge over the acts or omissions of thc Contractor, Subcontractors or any of their agents or cmployecs or any other persons performing any of the Work. ARTICI.E 9 CONTRACTOR 9. I Tile Contractor shall supervise and direct the Work, using thc Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequcnccs and procedures and for coordinating all portions of thc Work under the Contract, unless Contract Documents give other specific instructions conccrning these matters. The Contractor accepts the relationship of trust and confidence established between it and Owner undcr this Contract. The Contractor covenants and agrces with the Owner to furnish its best skill and judgment and to COOl)crate with the Engineer and ally separate ' contractors irt furthering thc interests o£ thc Owner. The Contractor further agrees to furnish efficient business administration and superintendence, to furnish at all times an adequate supl'fiy o f workers and materials, and to pcr£ornl thc Work in thc best way and in the most expeditious and economical rammer consistent with the interests of the Owner. 9.2 Unless otllerwise specifically provided in tile Contract Documents, tile Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for tile proper execution and completion o£ the Work, whether temporary or pemlanent and whether or not incorporated or to be incorporated in the Work. 9.3 Tile Contractor shall enforce strict discipline, safety and good order among the Contractor's employees and other persons carrying out lhe Contract. 9.3.1 Contractor shall furnish only skilled and properly trained staff for the performance of tile Work. The key rnembers of Contractor's staff shall be personnel agreed upon with Owner as follows: PMDI289 Pagc 6 Superintendent: Phone No. during working hours: Phone No. after hours, weekends and holidays: Project Manager: Phone No. during xvorking hours: Phone No. afl.er hours, weekends and holidays: Dan M ikelson 597-2165 Such key members of Contractor's staff shall be attthorized to represent the Contractor in connection with all aspects of the Project including, wilhout limitation, decisions affecting the performance of the Work. Such key members shall not be changed without the written consent of Owner, unless such personnel become tmable to perf'orm any required duties due to death, disability, or termination of employment with Contractor. Owner and Contractor shall agree on mutually acceptable snbstitute personnel, if ally. · 9.4 The Contractor warrants tO the Owner and Engineer that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform wilh the requirements of Ihe Contract Documents. Work not confomaing to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Engineer, the Contractor shall £urnish satisfactory evidence as to tile kind and quality of materials and equipmertt. · 9.5 Unlcss otherWise provided in tile Contract Docnmcnts, the Contractor shall pay sales, consumer, use, and other similar taxes which are legally enacted when bids are receivcd or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 9.6 Thc Contractor shall, at its expense, give all necessary notices and cause all work done and materials and equipment Furnished pursuant to the Contract Documents to comply strictly with all applicable local, state and federal laws, ordinances, rules, regulations, codes and orders (hereinafter re£erred tO collectively as "Legal Reqt~irements"). Further, the Contractor covenants and warrants that it shall observe and comply strictly with all Legal Requirements in connection . with tile I)crFormancc of thc Work or otherwise. Tile Contraclor shall take arid observe all ncccssary mcasures and prccautions For thc sarcty and protcction o£ all propcrty and persons in cormcction with thc performance of thc Work, including, without limitation, providing and maintaining barricades, guardrails, Ccnccs, warning signs, rcd lantcrns, etc., for protcction o~' workcrs and thc public. 9.7 The Contractor shall be responsible to thc Owner for the acts and omissions of tile Contractor's employees, Subcontractors mid their agents and employees, and other persons performing portions of the Work nnder a contract with tile Contractor. 9.8 The Contractor shall review, approve and submit to tile Engineer five (5) copies oFany Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents or required for the prosecution of the work in tile shop or in the field, with reasonable promptness prior to performing any Work relating to Said material(s) or method(s). The Work shall be in accordance with Engineer approved submittals. When professional ccrti fication of performance criteria oFmatcrials, systems or equipment is required by the Contract Documents, the Engineer shall be entitled to rely upon tile accuracy and completeness of such ccrtifications. Where specifically provided for in tile Contract Documents, the inspection testing of materials and finished articles to be incorporated in the Work shall be made by bureaus, laboratories or agencies approved by the Engineer. The cost of such inspection and testing shall be paid by the Owner. PMDI289 Page 7 The Contractor shall furnish evidence satisfactory Io tile Engineer that tile materials and finished articles have passed tile required tests prior to tile incorporation of such materials and finished articles itl the Work. The Contractor shall promptly segregate .and remove rejected materials and rejected finished articles from the site of the Work. Tile purpose of shop drawings and other submittals is to demonstrate that tile Contractor understands the design concept, by indicating cquilm'mnt and material he intends to tim'fish, and the fabrication and installation rnctl'~ods he intends to use. Sufficiently detailed shop drawings, supplemental drawings and technical dale shall be tile means to this end. 9.8.1 Contractor shall maintain at the Project site, and shall make available to Owner and Engineer, one record copy of the Plans (thc "Record Drawings") in good order. The Record Drawings shall be prepared and updated during the prosecution of'the Work. The prints for Record Drawing use will be a set ofblucline prints provided by Engineer to Contractor at the start of construction. Contractor shall maintain said set in good condition and shall usc colored pencils to mark up said set with "record information" in a legible manner to show: (i) deviations f'rom the Plans made during construction; (ii) details in the Work not previously shown; (iii) changes to existing conditions or existing conditions found to di fief from those shown on any existing Plans; (jr) the actual installed position of equipment, piping, conduits, utilities, etc.; and (v) such other information as either Owner or Engineer may reasonably rcqt,est. At the completion of the Work, Contractor shall deliver all Records Drawings to Owner. Final payment and any rctainagc si'mil not be duc and owing to Contractor tmtil tile final Record Drawings marked by Contractor as required above arc delivered to Owner. 9.9 Thc Contractor shall kccp the premises and sun'ounding ama free from accumulation of waste materials or rubbish caused by operations under thc Contract. At completion of thc Work the Contractor shall remove from and about thc Projcct waste materials, rubbish, the Conlractor's tools, construction equipment, machinery and surplus materials. 9.10 The Contractor shall provide the Owner and Engineer access to the Work in preparation and progress wherever located. 9.1 I The Contractor shall pay all royalties and license fees; shall defend suits or claims for infi'ingement of patent rights and shall hold the Owner llarmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product ora particular marmfacturer or manufacturers is required by the Contract Documents unless the Contractor has reason to believe that there is an infringement of patent. 9:i2 To thc tidiest extent permitted by law, tile Contractor si'mil indcnmify and hold harmless the lndcmnitccs as defined in Paragraph 17.7 hercinbclow fi'om and against claims, damages, losses and expenses, includir~g but not limited to attorneys' t'ccs, arising out of or resulting from performance of'thc Work, provide(I that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of'tangible property (other. than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a SubcontractOr, anyone directly or indirectly employed by thcm or anyone for whose acts they rnay be liable, regardless o£whcthcr or not such claim, damage, loss or cxpcnse is caused in part by a party indemnified herct, nder. Such obligation shall not be construed to negate, abridge, or reduce .other rights or obligations of indemnity which would otherwise cxist as to a party or person described in this Paragraph 9.12. Notwithstanding anything to the contrary contained in the Contract Documents or othcrwise, and to the fullest extent pemfitted by law, the Contractor shall hldemnify, dcfcnd and hold harmless the Indcmnitees for any and all liability or claims for damages, injuries or Sickness to persons or property arising (i) due to thc violation of any Legal Rcquircmcnt, (ii) as thc result o f any act, on'fission or conduct of COntractor, or any Subcontractor of any tier, or ally of their respective agents and employees, and (iii) as the result of any event or occurrence which arises in cormection with the Work. The Contractor's duty to defend the Indemnitces shall arise regardless of the fault of any party. PMDI289 Page 8 Expenses rccoverablc as part of the Contractor's indcnmity obligations under this Paragraph 9.12 shall include, without limitation, all attorneys' fees and any costs incurred in enforcing the provisions o£ the Contractor's indenmity obligations. The provisions contained irt this Paragraph 9.12 shall survive the expiration or earlier termination of this Contract, the Final Completion of'the Work and arty other services to be provided pursuant to this Contract. Cont,'actor acknowledges and agrees that Ouc Hundred Dollars ($100.00) (the receipt and st, Fficicncy of which is hereby acknowledged) of tire Contract Stun is specific consideration for thc Contractor's agrccmcnt to iudcmnify the Indcmnitee under this Contract. 9.12.1 In clairns against any person or entity indcmnificd under Paragraph 9.12 by an cmploycc of tim Coutractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indcmrfification obligatiou under Paragraph 9.12 shall not be limited by a limitation on amount o,' type of damages, compc!mation or bm'milts payable by or for thc Contractor or a Subcontractor trader ~vorkcrs' or xvorkmcn's compensation acts, disability benefit acts or other employee benefit acts. 9.13 Thc Ow,mr rcscrvcs thc right to request thc rcmoval fi'om thc Work of any of tiro Contractor's personnel or any Subcontractor or worker, who, in the reasonable disc,'ction of the Owner, is not properly perFon'ning its duties in accordance with thc Contract Documents or is intcrFc,'iug with the operations of any Facility on or adjacent to the Project site. 9.14 ' The Contractor shall keep the Project site clean and fi'cc fi'om rubbish, excess debris, surplus and waste material and shall remove tile same fi'om the Project site as the Work progresses, as and when required by the Contract Documents. If the Contractor Fails to do so after three (3) days' notice fi'om the Owner, the Owner may remove same at thc Contractor's expense. In the event the Owner undertakes the removal of same From the Project site, such removal will in no way qualify or limit the Contractor's obligations under the Contract Docun'mnts, including, without limitation, Contractor's indcnmity obligations under Paragraph 9.12 hereofi 9.15 Tire Contractor acknowledges and agrees that tile Contractor has carefully studied and analyzed the Contract Documents. The Contractor agrees that the Contractor's acknowledgment of the sufficiency and adequacy of the Contract Documents, in light of the conditions observed by the Contractor pursuant to Paragraph 7.3 hereof, has been an inducement to the Owner to enter into this Contract. By proceeding with the Work, the Contractor indicates that: (i) all details, construction procedures and materials shown or specified in the Contract Documents are consistent with sound, standard and acceptable practices within the construction industry, and (ii) Contractor is willing and able to construct the Work in accordance with all requirements of the Contract Documents within tire Contract Time and for the Contract Sum. If the Contractor performs any portion of the Work knowing it to be in error or in violation of any Legal Requirement or which, fi'om the Contractor's review of the Contract Documents, the Contractor should have known that the design of the Project or tire Contract Documents contained errors, on'fissions, inconsistencies or discrepancies, the Contractor shall assume fisll responsibility therefore and shall bear all costs attributable thereto. 9.16 'Fire Contractor shall furnish adequate forces, cquipmc,lt, materials and shall work st,ch hours, including night shift, s, overtime, weekend and holiday xvork as necessary to complete the Work (or any phase thereo0 within the time periods specified herein. In the event tile Owner or Enginccr determines that tile progresi of the Work is insufficient to assure comPletion of thc Work (or any portion thereoO within the time periods speci fled herein, then the Contractor, upon notice by the Owner or Engineer, shall take such steps as tire Eugineer may deem necessary to imln'OVC Conlractor's progress at Contractor's sole cost and expense. zS_l~Tl CIA,; 10 ADMINISTRATION OF T! IE CONTRACT I 0.1 Thc Engineer will assist thc Owner's project manager in connection with tire administration of the Contract. Page 9 PM D 1289 10.2 Thc Engincer.xvill visit thc site at intervals appropriate to tile stage of construction to bccomc gcncrally familiar xvilh thc progrcss and quality of thc complctcd Work and to dctcrminc i F tile Work is being performed in accordancc with the Contract Docunmnts. 1 lowcvcr, thc Engincer will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of thc Work. On thc basis of on-site observations, thc Engineer ,,viii kccp the Owner informed of progress of the Work and will endeavor to guard the Owncr against defects and deficiencies in the Work and any violation of Lcgal Rcquirerncnts. 10.3 Thc Engincer ,,viii not havc control over or charge of and will not bc rcsponsiblc for construction mcans, mcthods, tcchniqucs, scqucnccs or proccdurcs, or for safcly prccautions and p,'ograms in connection with thc Work, sincc these arc solcly thc Contractor's responsibility as provi(Icd in Paragraphs 9.1 and 16.1. 10.4 'Bascd eli thc Engineer's obsc,'vations and evaluations ortho Contractor's Applications for Payment, thc Engineer will rcvicxv and certify thc amounts due tile Contractor and will issue Ccrtificates for Payrnent itl such alnounts as herein provided. 10.5 Tile Engineer will interpret and decide matters concerning performance under and requirements o£ tile Contract Documents on written request of' either thc Owner or Contraclor. Thc Engineer will make recommendations to the Owner ou all claims, disputes or other mattcrs in question bctwccn thc Owner and Coutractor, but will not bc liable for results of. any inlcrprctations or recommendations rendered in good £aith. The project manager's decisions matters relating to aesthetic effect will be final iFconsistcnt with the intcnt expressed in tile Contract Documents. 10.6 Tile Engiucer will have authority to reject Work which does not conf'onn to tile Contract Documents. 10.7 Tim Engineer will review and approve or take other appropriate action upor~ tile Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose o£ checking For conformance with information given and the engineering and design concept expressed in the Contract Documents. AI~,TICLE 11 SUBCONTRACTS I !. 1 Thc Contractor shall contract with responsible Subcontractors f.rom a list approvcd by thc Engineer and Owner and shall take into consideration any recommendations the Engineer and Owner may make with respect to tile bids. The Contractor shall not contract with any Subcontractor to whom the Owner or Engineer has made reasonable objection. Contracts between tile Contractor and Subcontractors shall be itl writing and (I) require each Subcontractor, to tile extent of tile Work to be 1, er£orrncd by the Subcontractor, to be bouud to thc Contractor by thc tenns of. the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by thc Contract Documents, assumes toward tile Owner and Engineer, and (2) allow to thc Subcontractor with respect to tile Contractor the benefit of all rights, remedies and redress a['l'ordcd to thc Contractor with respect to tile Owner by these Contract Documents. ARTICI~E 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 12. ! Tile Owner reserves thc right to perform construction or operations rclatcd to thc Project witll tile Owner's own Forces, and to award separate contracts in connection with other portions of tile Project or other construction or operations on the site. If' tile Contraclor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such clainl as provided elsewhere irt tile Co,ltract Docunlcnts. Page 10 PMDI289 12.2 The ContractOr shall afford the Owner and separate contractors reasonable opportunity for the introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate ti.te Contractor's construction and operations witl.t theirs axrequired by the Contract Documents. 12.3 Costs caused by Contractor delays, improperly timed activities or defective construction shall be borne by thc Contractor. 12.4 Tile Contractor si'tall, as part of thc Work, provide for tile coordination of work to bc imrformcd by each separate contractor engaged by the Owner, if any, with the W'ork to be performed by the Contractor or its Subcontractors of any tier. The Contractor shall usc its best efforts to cooperate with the Owner and all separate contractors, their subcontractors and any other entity involved in the performance of the Work. In order to cause the Work and any work to be performed by separate contractors to be completed in an expeditious manner, the Contractor agrees that it will use ali reasonable efforts in order to ensure that such separate contractors have a reasonable opportunity to complete their work as and when required. 12.5 I f any part of the Work depends upon the proper performance of the work of a separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Owner any apparent discrepancies or defects in such other work that render it unsuitable and prevent the Contractor from proceeding expeditiously with the Work. Failure of the Contractor to report such deficiencies or defects shall constitute an acceptance of such separate contractor's work as fit and proper to receive the Work. i2.6 If the Contractor wrongfully causes damage to tile Work or property o£the Owner, tile Contractor shall promptly remedy such damage. I f the Contractor wrongfully causes damage to the work or property of any separate contractor, thc Contractor shall promptly attempt to settle any resulting dispute or claim with such other contractor. ARTICLE 13 CI1ANGES IN TIlE WORK 13.1 The Owner, without invalidating the Contract, may order changes in tile Work consisting of additions, deletions or modifications, the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Engineer, or by written Construction Change Directive signed by the Owner and Engineer. 13.2 Tile Contract Sum and Contract Time shall be changed only by Change Order. Any adjustrrmnt to the Contract Sum by Change Order shall be in a lump sum amount nmtually acceptable to the Owner and Contractor or based upon the unit costs set forth in the Schedule of Values. 13.3 'File cost or credit to tile Owner from a change in tile Work shall be determined by n'mtual agreement between tile Owner and Contractor. 13.4 Tile Contractor shall not be entitled to any adjustment in the Contract Sum or Contract Time for any concealed or tmknown condition encountered in the performance of the Work if such condition: (I) is of a usual nature or doCs not differ materially from those ordinarily encountered and generally recognized as inherent to work of the nature provided for in this Contract; (2) is of a usual nature or does not differ materially from those conditions disclosed or which could have been investigated or were reasonably inferable from the Contractor's prior Work or shoukl have been reasonably inferable by the Contractor from the Contract Documents and field conditions at the Project site; or PMD1289 Page 11 (3) is ora nature xvhich tile Contractor should reasonably have knoxvn or anticipated based on the area in which the Project is located, the type ofco,'~struction involved and thc practices prevalent in the construction industry. Notwithstanding the foregoing, however, if tile Contractor makes a Proper claim for an adjustment ill the Contract Time or Contract Sum regarding special or concealed conditions which do not fall into the categories set forth above, the Engineer will promptly investigate such conditions. If such conditions differ materially and cause an increase or decrease ill tile Contractor's cost of, or time required for, performance of any part of the Work, and the Contractor has timely and properly made its claim, the Engineer will rccornmend an equitable adjustment in tile Contract Tirne or Contract Surn, or both. If the Engineer detcrrnines that tile conditions at the site are not materially different from those indicated in tile Contract Docurnents and that no change in either or both of Contract Time arid Contract Sum is justi fled, then the Engineer shall so notify the Owner and Contractor in writing, stating the reasons. For any clairn for an adjustrrmnt in the Contract Time or Contract Sum to be made properly, such clairn must be made by the Contractor in writing wRh specific detail as to the special or concealed condition and such notice shall be given to the Owner and Engineer promptly before conditions are disturbed and in no event later than five (5) days after ilrst observance of any such conditions. If the Contractor is entitled to an adjustment in the Contract Time and/or Contract Sum, the Contractor shall make such claim within the five (5) day period. Ifsuch claim is not timely and properly rnade, it shall be considered waived. In no event shall tile existence of any concealed or unknown conditions qualify or limit any of the Contractor's obligations under the Contract Documents, including, without limitation, the indemnity obligations set forth in Paragraph 9.12. 13.5 If tile Owner and Contractor arc unable to agree on tile amount of any cost or credit to thc Owner resnlting fi'om a change itl the Work, tile Contractor shall promptly proceed with, and diligently prosecute, such change itl the Work and the cost or credit to the Owner resulting therefron~ shall be determined on the basis of the reasonable expenditures and savings o1" the Contractor attributable to any such change. The Contractor shall keep and present to thc Owner all itenlized accounting together with appropriate supporting documentation for usc in determining the cost or credit to Owner. AlYrlCl,l~ 14 'rIME 14.1 Time limits stated in the Contract Docnrncnts arc ofthc esscnce of thc Contract. By executing this Contract the Contractor confinl'sS that each component of tile Contract Time is a reasonable period for performing thc Work. The Contractgr shall diligently expedite thc Work and achieve Substantial Completion and Final Completion for each Unit witllin the applicable Contract Time. 14.2 Tile date of Substantial Completion is tile date certified by tile Engineer (in accordance with Paragraph 15.3) that the entire Work or Unit thereof is sufficiently complete in accordance with tile Contract Documents so Owner can possess and utilize tile Work for its intended usc as evidenced by Collier County's Willingness to issue certificates of occupancy for homes constructed (or to be constructed) within tile Project. Notwithstanding anything contained i,1 the Contract Documents, the Work shall not be deemed St,bstantially Complete nnless and until it complies witll all Legal Rcquirerrmnts and ali requirements of the Contract Documents. 14.3 Ifthe Contractor is delayed at any time in progress ofthe Work by changes ordered in thc Work, by labor disputes, fire, urmsual delay in deliveries, abnornml adverse weather~cortditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the Engineer determines may justi fy delay, then thc Contract Time shall be extended by Change Order for such reasonable time as the Owner may dctcrmirm. PMD 1289 Page 12 14.4 Notwithstanding anything contained to the contrary itl this Contract or the Contract Documents, an extension of time in which to complete tile Work shall be the Contractor's sole remedy for delay, any hindrance in performance of Work, loss in productivity, impact darnagcs or other similar claims unless caused by acts constituting intentional interference by the Ownei' with tile Contractor's performance of the Work, but only to the extent that such acts continue aller the Contractor's notice to the Owner of such interference. The Owner's reasonable exercise o I: any of its rights or remedies under the Contract Documents, regardless of the extent or fl'cqucr~cy, shall not under any circumstances be construed as intentional interference with tile Contractor's perforrnance of the Work. 14.5 Extensions in tile Contract Time shall be granted only to tile extent that such delay: (I) warrants an extension in the scheduled completion of the Work, (2) has not been caused by the Contractor, (3) is ora duration of not less than three (3) days, (4) is grounds for an extension in tile Contract Time under tile Contract Documents, and (5) is in addition to any time contingency periods set forth in the Contractor's critical path for completion of thc Work. Ai¥I'ICLE 15 PAYMENTS AND COMI'LETION 15. I Payments sllall be made as provided in Articles 4 and 5 of this Contract. 15.2 Payments may be withheld on account of (1) dcf'cctive Work not remedied, (2) claims filed, (3) fifilure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment, (4) reasonable evidence tllat thc Work cannot be completed for the tmpaid balance o1' the Contract Sum, (5) darnage to the Owner or another contractor, (6) reasonable evidence that tile Work will not be completed within thc Contract Time and that tile unpaid balance would not be adcquale to cover actual or liquidated damages for thc anticipated delay, or (7) failure in the Owner's reasonable judgn'mnt to carry out the Work itl accordance with tile Contract Docunlcnts. 15.3 When thc Engineer has completed its inspection ortho Work and detem'fincs tllat tile Work is substantially complete, the Engineer will issue a Ccrti I'icate of Substantial Completion. I:'rior to issuance of a Certificate of Substantial Completion, however, the Contractor, Owner, Engineer and applicable governmental attthorities shall inspect the Work and shall prepare a list of items to be conlpleted or corrected by the Contractor (the "Punch list"). Such inspection and Punch list, however, shall not relieve tlle Contractor of its responsibility to correct any Work which is defective or does not otherwise conform with the requirements of the Contract's Documents. The Certificate of Substantial Completion shall state the responsibilities of thc Contractor for conlplction of the items on the approved Punch list. Warranties required by tim Contract Documents shall commence on thc date of Final Completion. Contractor's acceptance of the Punch list and agreement to complete the Work specified in tlle Puncll I list within the time specified for Final Completion, sllall be a condition precedent to Engineer's issuance of its Certificate of Substantial Completion. The failure to include any item on tile Punch list shall not alter tile responsibility of the Contractor to complete all Work in accordance with the requirements of thc Contract Documents. 15.4 Final paymcnt shall not become due until tile Contractor has dclivered to tile Owner a complete release of all liens arising out of this Contract or.receipts itl full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemni fy tile Owner against such lien. If snch lien rcnlains unsatisfied alter payments are made, the Contractor shall retired to the Owner all money that thc Owner may be compelled to pay in discharging such lien, includir~g all costs and reasonable attorneys' Ices. 15.5 Acceptance of final payment by the Contractor, a Subcontractor or matcrial supplier shall constitute a waiver and release'of all claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. PMDI289 Page i 3 15.6 Thc Contractor warrants that (1) titlc to all Work, rnatcrials and cquipmcnt will pass to Owner upon tile receipt o f payment by Contractor, free and clear of all liens, claims, sccurity interests or encumbrances (collectively referred to as liens) and (2) tile Colltractor shall acquire no work, materials or equipment wllether directly or through a Subcontractor, subject to an agrcen'mr~t trader which a lien is retained by tile seller or otherwise inlposcd by tile Contractor, any Subcontractor or any other person or entity. The Contractor also shall defend tile Owner, at thc Contractor's sole cost and expense, against any actions, lawsuits or proceedings brought against tile Owner as a result of liens filcd against the Project site or otherwise. The Contractor hereby imicrrmifies, defends and holds harmless thc Owner against any such liens or claims for lien and agrees to pay any judgment or lien against tile Owner or Owner's property resulting fi'om any such actions, lawsuits or proceedings brought to enforce any such lien or claim. 15.6. I Notwithstanding anythir~g to tile contrary herein contained, tile Owner reserves tile right to settle any disputed construction lien claims by direct payment to the lien claimant by tile ©wncr, if thc Owner, in its sole discretion, tlctcrmincs such payments are tile most cconon'tical or advantageous method of settling any dispute. Tile Contractor shall prornptly reimburse tim Owner for such payrner~t upor~ dcmand or tile Owner may elect to deduct thc amount(s) of any such payment(s) fi'om tile Contract Sum. 15.6.2 Thc Owner may, in its sole discretion, rclease any payments withheld due to any construction lien if the Contractor obtains a lien bond which is: (1) in forrn and substance satisfactory to thc Owner and (2) in an amount not less than Onc Htmdrcd Fifty percent (150%) of such lien claim plus interest thereon at thc statutory rate for a period of three ycars, and collatcralizcd in a marmcr that is satisfactory to thc Owncr. By posting alicn bond, thc Contractor shall not be relievcd of any rcsponsibilities or obligations under this Paragraph i 5.6 including, without linlitation, the duty to defcnd and indemnify the Owner. The costs of any prcmiurns incurred in cormcction with such bonds shall be thc responsibility of tile Contractor and shall not be part of or cause any increase in tile Contract Sum. 15.7 Tile Contractor shall prornptly pay each Subcontractor upon receipt of paynlcnt fi'om tile Owner out of the amount paid to tile Contractor on account of any Work performed by Subcontractors. Tile Owner shall not have any obligation to pay or to cause payment of monies to any Subcontractor. Tile Contractor si'tall not make requests for payment of monies if tile Contractor does not intend to pay same to Subcontractor(s). 15.8 No Ccrtificate for Payment, nor any paynlertt by tile Owner, nor any partial or entire use of tile Project by tile Owner, shall constitute an acceptance 9fany Work not performed in accordance with Legal Rcquircmcnls and tile Contract Documcnts. 15.9 To thc fullest extent permitted by law, thc Contractor covenants and agrees that ilo liens shall be filed or maintained by it against tile Work or thc Project site or premises or Owner's funds or othen, vise, for or on account of any such Work done or labor, equipment, rnatcrials or services furnished by it in connection with any such Work. ART1CI,E 16 I'ROTECTION OF I'ERSONS AND PI~OPERTY 16.1 'File Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract including, but not limited to, the completion of the Work. Contractor shall use its best efforts to provide for the safety and protection of the Work, all persons who may come in contact with the Work, and all real and personal property located at or adjacent to the Project site. Without limitation to tile foregoing, Contractor shall, at Contractor's sole cost anti expense, take precautions for the safety ol; and sllail provide protection to prevent damage, injury, or loss to: I'MD1289 Page 14 . I employees on thc Work and other persons who may be affected thereby; .2 tile Work and rnatcrials and equipment to be incorporated therein; and .3 other properly at tile Project site or adjacent thereto. Thc Contractor shall give notices and comply with all Legal l:',cquircmcnts, ordinances, rules, regulations and lawful orders of public anthorities bearing on safety of persons and property and their protection from damage, injury or loss including, without limitation, the safety recommendations set forth in Accident Prevention irt Constrfiction, latest editiol{publisllcd by the Associated General Contractors of America. The Contractor shall promptly remedy all damage and loss to property at the site caused ill whole or ill part by the Contractor, a Subcontractor, a sub-Subcontractor, or anyone directly or indirectly employed by ally of them, or by anyone for whose acts they may be liable, except for damage or loss attributable to acts or omissions of the Owner or Engineer or by anyone roi' whose acts either of them may be liable, · and not attributable to tile fault or negligent of tile Contractor. The foregoing obligations of thc Contractor are in addition to the Contractor's obligations under Paragraph 9.12. 16.2 The Contractor shall not be required to perform without consent arty Work relating to asbestos or polychlorinated biphenyl (PCB). 16.3 Contractor hereby acknowledges that tile nature of Owner's operations rnay require from time to time strict security measures. Contractor, Subcontractors, and all sub-Subcontractors and anyone and any party for whom any of thern may be liable shall cooperate with Owrmr's security personnel and shall comply with ali security requirenmnts of Owner's security personnel. Such requirements shall inclnde, without limitation, delivering to Owner's security personrml, prior to the commencement of the Work on each day, a list of all Contractor's, Subcontractors', and sub-Subcontractors', personnel who will be permitted access to thc Project. The foregoing, 'however, shall not relieve Contractor of any obligation to provide a safe and secure workplace for ali parties entering tile Project site. 16.4 Owner reserves tile right to bar access to any individual for reasonable security reasons. Furthcm'~ore, Owner reserves the right lo limit the location of cn{ries to the Project which may be used by Conlractor, Subcontractors, sub-Subcontractors, or any party for whom any of them may be responsible. i 6.5 Contractor hereby warrants and represents that Contractor shall not knowingly or negligently communicate or disclose to any person or entity any in£ormation in cormcction with the Work or thc Project, except (i) with Owner's prior written consent, (ii) as necessary to perform thc Work, provided Owner receives prior notice o£such necessity; or (iii) as may be required by law. Any authorized communication or disclosure shall be limited strictly to the extent ofsucll authorization. If any person or entity seeks confidential information from Contractor regarding the Work or thc Project, Contractor shall promptly notify Owner. All records and documents in cormcction with the Work and thc Project are hereby considered proprietary materials and are confidential in fora'ration. Contractor slmil cause any Subcontractors, materiah'ncn, consultants, or any other person or entity performing any portion of thc Work to warrant and represent tile items set forth in this Paragraph. The representations and warranties contained ill this Parag,'aph 16.5 shall survive the complete performance of thc Work or carlicr tcm'tination of tile Contract. 16.6 A reasonable amount of space at tile Project site will be assigned to tile Contractor and ali materials and eqnipment shall be kept within this area. The Contractor shall be responsible for leaving the storage site in the sarne condition as when possession of the storage site was delivered to Contractor. AI¥1'ICI,E 17 INSURANCE PMDI289 Page 15 17. I The Conlractor shall purchase From and maintain in a'company or companies lawfully authorized to do business in the jurisdiction in which the Project is located insurance for protection from claims under workers' or workmen's conlpcnsation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and fi'om claims for damages to property which may arise out of or result fi'om the Contractor's operations under the Contract, whether such Operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified herein or ill the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insurance applicable to tile Contractor's obligations under Paragraph 9.12. Certificates of such insurance shall be filed with the Owner prior to the commenccnmnt of tile Work. 17.2 The Owner shall be responsible for purchasing and maintaining tile Owner's usual liability insurance. 17.3 Tile Contractor shall purchase and maintain, in a company or companies acceptable to Owner and lawfully authorized to do business ill the jurisdiction in which the Project is located, property insurance upon the entire Work at the Project site to the full insurable value thereof. This insurance shall be on an all-risk policy form and shall i,mlude interests of the Owner, the Contractor, Subcontractors and sub-Subcontractors in the Work and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of' coverage, theft, vandalism and malicious mischief. 17.4 A loss insured under Owner's property insurance shall be adjusted with tile Owner and made payable to the Owner as fiduciary for the insureds, as their interests may appca,'. 17.5 Each policy shall contain a provision that tile policy ,,viii not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. 17.6 The Owner and Contractor waive ali rights against cacb other and the Engineer, Engineer's consultants, separate contractors described itl Article 12, i~'any, and any of their Subcontractors, sub-Subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Article i 7 or any other property insurance applicable to the Work, except.such rights as they may have to the proceeds of such insurance held by tile Owner as fiduciary but only to the extent of actual recovery of insurance proceeds under or pursuant to property insurance applicable to thc Work. The Contractor shall require sirnilar waivers in favor of the Owner and the Contractor by Subcontractors and sub-Subcontractors. 17.7 As part of tile Contractor's obligations and responsibilities under Paragraph 17.1, Contractor, for the protection and benefit of the Owner and any and all of its trustees, beneficiaries, agents and employees (collectively the Indemnitees) and in satisfaction of the Contractor's obligations under Paragraph 17.1, shall specifically procnre, pay for, and maintain, in Full force and effect until final payment (unless otherwise designated), at no expense to the Owner, the f'oilowing policies of insurance to be written by an insurer acceptable to Oxvncr in its sole discretion, who is qualified to do business in the State of Florida and which shall, as a mininmm, afford the following types and limits of coverage: (l) Broad Form Commercial General Liability insurance written on.an occurrence basis (including Premiscs/Opcratior~s Liability, Products and Completed Operations Liability, Independent Contractors Liability, Con'i'ractual Liability, Broad Form Property Darnage Liability, Explosion, Collapse and Underground Hazard Liability and Personal Injury Liability) ("CGL") in tile minimum amount of One Million Dollars ($1,000,000.00) per occurrence combined single limit for - bodily injury and property damage and in tile minimunl amour~t of Two Million Dollars ($2,000,000.00) total aggregate liability; PMDI289 Page 16 (2) Workers' Compensation Insurance and Employer's Liability Insurance in the statutory amounts; (3) Comprehensive Automobile Liability Insurance to cover owned, long-feral lcascd, hired, and non-owned automobiles (including medical payments and uninsured motorists coverages) in the minimum, amount of Five Htmdred Tllousand Dollars ($500,000.00) per occurrence for bodily injury and Five Hundred Thousand Dollars ($500,000.00) per occurrence for property damage; (4) Umbrella Liability Insurance providing coverage ill excess Of tim limits spccificd above (except Workers' Compensation Insurance) in a minimum amount of Two Million Dollars ($2,000,000.00) per occurrence and in the aggregate; and (5) Such other insurance as Owner may reasonably require. If tile Contractor fails to purchase and maintain any insurance required under this Article 17, the Owner may, but shall not be obligated to, upon five (5) days' written notice to the Contractor, · purchase such insurance on behalf of the Contractor and shall be entitled to be reimbursed by the Contractor promptly upon demand or deduct the amount of such premiums fi'om the Contract Sum. 17.8 Thc CGL policy, tile builder's risk policy described in paragrapll 17.3, and thc Umbs'clla Liability policy shall name all of the lndemnitees set forth in Paragraphs 9.12 and 17.7 its additional insureds and shall expressly provide that the interest of each Indemnitce shall not be affected by any breach by the Contractor or any other lndemnitee of any policy provision. The coverage afforded under any insurance policy obtained under or pursuant to this Article 17 shall be primary to any valid and collectible insurance carried separately by any of the Indemnitees. Furthermore, all policies and ccrtificatcs of insurance shall expressly provide that no less than thirty (30) days' prior written notice shall be given to the Owner in tile event of material alteration, cancellation, non-renewal or expiration of the cogerage contained in such policy or as evidenced by such certificate of insurance. 17.9 In atidition to tile foregoing insurance rcquircnlents, the Contractor, at Owner's discretion, may be required to furnish a labor and material payment bond and a performance bond, each in tile full amount of tile Contract Sum, to remain in effect until tile date of final completion. Contractor sllall furnish a maintenance bond upon tile date of Final Completion in the amount of twenty percent (20%) of tile Contract Suni, which shall remain in effect until the applicable governmental or quasi-govemnlental authorities accept full responsibility for tile nlaintenance of the improvements constructed under this Contract CGovernmental Acceptance"). Such bonds shall be issued by a surety company acceptable to tile Owner and shall be substantially in tile fen'ns attached hereto as composite Exhibit "C" and shall name tile Owner as an obligee. The Contractor acknowledges that tile cost of the Maintenance Bond bas been included in tile Contract Sum. Tile cost of the Paynlent and Performance Bonds shall be in addition to tile Contract Sum. Nothing in this Contract or tile Conlract Documents sllall be deemed to require tile Owner to look to tile surety in tile event of a breach of, or default under the Contract Docunmnts by tile Contractor or to prevent or impair the availability of any rernedy otherwise available to tile Owner, at law or in equity, in tile event ora breach of, or default under this Contract by lhe Contractor. Any and all extensions of time granted under tile provisions of this Contract shall not release the sureties on any bond for the Work required herein; said bonds shall remain in full force and effect until tile Final Completion of the Work and full performance of tile obligations of tile Contractor hereunder. 17. I 0 Contractor's cquipmcnt shall be insured by thc Contractor with lie obligation or liability extending to the Owner. The Contractor is solely responsible for any loss or damage to the ,nachinery, equipment or tools owned or used by the Contractor or Subcontractors in connection with the Work and must carry insurance at its own expense to cover such risk of loss. PMD1289 Page 17 AI¥1'ICI,E 18 CORi~,ECTION OF WOi~K 18.1 The Contractor, at its expense, shall promptly Correct Work rejected by the Engineer or fililing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and wlmtllcr or not fabricated, installed or completed, and shall correct any Work found to be not itl accordance with the requirements of the Contract Documents through the time of Govcmnlcntal Acceptance. The provisions of this Article 18 apply to Work done by Subcontractors as well as to Work done by direct employees of' the Contractor. In addition to the costs of correcting rejected or defective Work, the Contractor shall bear all costs and expenses incurred by Owner for the additional services of the Engineer and testing laboratories, as well as charges nlade by tile applicable governmental authorities [or any required tests or reinspections. 18.2 Nothing contained in this Article 18 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of tile time of Governmental Acceptance, as described in Paragraph 18.1 relates only to the speci tic obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation 16 comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish thc Contractor's liability with respect to the Contractor's obligations othcr than specifically to correct the Work. 18.3 The Contractor hereby grants to tile Owner, through tile date of Governmental Acceptance its unconditional warranty of the quality and adequacy of all the Work including, without limitation, ali labor, materials, and equipment provided by the Contractor and its Subcontractors of all tiers in cormection with the Work. Upon completion of the Work, the Contractor shall assign or cause to be assigned to the Owner all manufacturers' and other warranties with respect to all Work, including, without limitation, all nlateriais and equipment which are to be incorporated into the Project. AltLTICI,F, 19 MISCELLANEOUS PROVISIONS 19.1 Tile Contract silall be governed by tile laxvs of tile State Of Florida. 19.2 Written notice shall be deemed to have been duly served ifdelivered in person to tile individual or member of the firm or entity for whom it was intended, or if delivered at or sent by registered or certified mail to thc £ollowing addresses: lfto thc Comractor: Mitchell & Stark Construction Co., Inc. 6001 Shirlcy Street Naples, FL 34109 Attn: Dan Mikclson If to the Owner: Taylor Woodrow Communities 9809 No. Airport Rtl. Naples, FL 34109 Attention: Steve Pate copies to: Taylor Woodrow Communities 7120 S. Bcneva Road Sarasota, FL 34238-2850 Attention: Peter M. Dormantuoni, Esq. PMD1289 Page 18 If to the Engineer: Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Attention: Steve Means Notice shall be deemed effective (1) upon delivery, if personally delivered; (2) upon one (!) business clay following deposit with a national overnight courier service, fee prepaid; or (3) upon two (2) business days following deposit in tile United States mail, certified or re. gistcrcd mail, postage prepaid, return receipt requested. ARTICI~E 20 TERM INATION OF 'Fl ! E CONTRACT 20.1 If tile Engineer fails to recommend payment for a period of 30 days fi'om receipt of all Application for Payment through ilo fault of tile Contractor, or if the Owner fails to make payrnent thereon for a period of 30 days after receipt of a Certificate for Payment, thc Contractor may, upon seven additional days' written notice to the Owner and the Engineer, tem'dnatc the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction eqnipment and machinery, including reasonable overhead, profit and damages applicable to the Project. 20.2 II' thc Contractor dcfanlts or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform a provision of the Contract, the Owner, after seven days' written notice to the Contractor and without prejndice to any other remedy the Owner may have, may make good such deficiencies and may deduct the cost thereof, including compensation for the Engineer's services and expenses made necessary thereby, fi'om the payment then or thereafter duc the Contractor. Alternatively, at the Owner's option, and upon certification by the Engineer that suffi, cient cause exists to justify such action, the Owner may terminate the Contract and take possession of' the Project site and may finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including, without limitation, the cost of procuring applicable bonds and compensation for the Engineer's services and expenses made necessary thereby, such excess shall be paid to thc Contractor, but if such costs exceed such unpaid balance, the Contractor shall pay tile difference to tile Owner. 20.3 i f the cost of finishing thc Work, inch,ding compensation for the additional Engineer's services made necessary thereby, exceeds the unpaid balance of the Contract Sum, thc Contractor shall pay Stlch difference to the Owner pronlptly t~l'}O~! demand by thc Owner. Thc amount to be paid by the Contractor to the Owner shall be certified by Ihe Engineer, upon application, in the rammer provided in Article 15. The Contractor's obligation for payment of excess costs to complete the Work shall survive the termination of tile Contract. 20.4 Notwithstanding anything contained clsexvhere in the Contract Docnmcnts but subject to Paragraph 20.5, the Owner may terminate the Contractor for convenience upon ten (10) clays' prior written notice. In the event o f such termination, the Owner shall have thc same rights and the Contractor shall be entitled to the same payn'tcnts as provided for in the event of temfination under Paragraph 20.2 above. If the Owner terminates this Contract as provided itl Paragraph 20.2, the Owner, in its sole discretion, may require tile Contractor to complete any Work necessary to facilitate transfer of tile Contractor's responsibilities to another contractor or to ensure that the Work is protected pending completion thereof. 20.5 Notwithstanding anything contained elsewhere in tile Contract Documents, in tile event that Owner elects not to proceed with Tract I-1 of the Project or fails to deliver a notice to'proceed for Tract It on or before the date specified in Paragraph 3. !, this Contract shall be deemed terminated and of no fi~rther force and effect with respect to Tract H of the Project. 'The 1~MD1289 Page 19 Contractor acknowledges and agrees that Ul)On such tcmlination, thc Contractor shall have no claim against the Owner and Owner shall have no obligation or liability to the Contractor whatsoever (including, without limitations, costs, damages, expenses lost profits, overhead, mobilization costs, and other similar costs, expenditures or damages) arising from or in any manner related to this Contract and the Tract H portions of tile Work. 20.6 Contractor hereby assigns to Owner any and all rights that Contractor now has or herealler may acqnire pursnant to any contracts relative to ti're prosecution and performance of thc Work (whether subcontracts, guarantees, wan'antics, or otherwise), which rights Owner shall thereafter be entitled to reassign to any other person or entity (whether to another general contractor, Owner's construction lender, or otherwise). Although it is thc intention of thc parties that this assigrnnent is a present assignn.tent, it is expressly understood and agreed that Owner shall not exercise arty of the rights confe~xed upon it by this paragraph until and unless Owner shall terminate this Contract pursuant to tile temps of the Contract Documcr~ts. Following such termination, Owner may exercise all o£ the rights of Contractor under the contracts relative to the prosecution and perfom'mnce of the Work as provided in the General Conditions. A provision shall be incoq~orated into each such contract entered into by Contractor which notities such parties of this Paragraph and pein'fits Owner to exercise its rights hereunder without creating a default under such otl.ter agreement. AI*,TICIAg 21 OTIIER CONDITIONS OR PROVISIONS 21.1 Ten'ns used in this Contract which arc defined in tile Contract Documents shall have thc meanings designated in the Contract Documents. Words and abbreviations that have well known technical or trade meanings are used itl the Contract Documents in accordance with such otherwise recognized meanings. 21.2 Except to the extent provided othcnvisc in thc Contract Documents, including, but not limited to Paragraph 15.2 of this Contract, in the event of. any dispute between the Owner and the Contractor, the Contractor shall expeditiously proceed with the perfom.tance of the Work with reservation of all rights and remedies it may have at law or in equity, provided that the Owner has made payments to the Contractor as provided in the Contract Documents. 21.3 Thc Contractor si'mil not assign this Contract or any or its rights hereunder without tile express written consent of the Owner, which consent may be withheld in the sole discretion of the Owner. 21.4 The Contractor l.tercby agrees to consent in writing to any assignment by the Owner of its interest under this Contract. In connection with financing of this Project, the Contractor and all Subcontractors of'any tier shall execute and deliver any and all instruments reasonably required by the Owner or any lender. 21.5 The Contractor represents and warrants thc following to tile Owner (in addition to any other representations and warranties contained elsewhere in thc Contract Documents) as art inducement to thc Owner to execute this Contract: that it will perform all Work called ['or hereunder in a good and workmanlike mariner and in accordance with all Legal Requirements and the Contract Documents; '" (2) that it shall strictly comply with and satisfy all Legal Requirements applicable to tile Work. (3) that it is financially solvcnt, able to pay its debts as ti'my mature and possesses sufficient working capital to complete thc Work and per['orm its obligations hereunder; I'MD 1289 Page 20 (4) that it is a sophisticated contractor who possesses a high level of experience and expertise in the business ach'nirfistration, construction, construction management and superintendence of projects of the size, complexity and nature of the Project, and it will perform the Work with care, skill and diligence of such a contractor; (5) that it is 'able to furnish the plant, tools, materials, supplies, equipment and labor required to complete the Work and perform its obligations hereunder; (6) that it is authorized to do business in the State of Florida and properly licensed by all necessary governrnental aud public and quasi-public authorities having jurisdiction over it and over the Work and the Project; and (7) that its execution of the Contract and its per[orrnance hereunder are within its duly authorized powers. The foregoing warranties are in addition ~o, and not itl lieu ol; any and all other liability irnposed upon tile Contractor by law with respect to tile Contractor's duties, obligations and perfom'~ance hereunder. The Contractor's liability liereundcr shall survive the Owner's final acceptance of and payment for the Work. Ali representations and warranties set forth in Il'tis Contract, including, xvitbout limitation, this Paragraph 21.5, shall survive the Final Completion of the Work or the earlier termination of ti'ds Contract. The Contractor acknowledges that the Owner is relying' upon the Contractor's skill and experience in contraction with the Work called for hereunder. 21.6 WI'mn compliance wilh two or more requirements is indicated in any of tim Contract Documents and when these requirements conflict itl quantity or quality, the Contractor shall comply with the most stringent requirement urficss specifically indicated other~vise itl tile Contract Documents. In addition, when provisions in two or rnore of the Contract Documcr~ts are complcmer~tary, the more detailed provision shall control over the more general provision. It is the intent of the Contract Documents, and they shall be so construed, to require a high quality of Work and shall include ali items necessary to produce the results intended by the Contract Documents aud desired by the Owner. 21.7 Wbcrmver any provisions of tim Contract Documents conflict with any agrccn'mrds or regulations of any kind iix force among members of any trade associations, unions; or councils, which regulate what Work shall bc included in the Work of particular trades, the Contractor shall make all necessary an'angements to reconsider any such conflict without delay or cost to thc Owner and without recourse to tile Engineer or the Owner, and the Contractor shall take action reasonably necessary without cost to the Owner to provide for the elimination of such conflict and the restoration of barmor~y among trades. 21.8 The Contractor shall attend progress meetings to discuss matters pertaining to thc perforn~ance of the Work, including, without limitation, procedures, progress, problems and scheduling. Such meetings shall be held as frequently as the Oxvner reasonably requires. 21.9 'File Contractor agrees to perform tile Work xvithout causing any increase in thc Cost of constructing any improvements in cormcctiou with tile Project premises; or (2) delay or unreasonable interference with any construction Work being pcrl'ormcd by °thers in connection xvith thc Project premises, or any portion thereof. 21.10 Should either party appoint an attorney or attorneys to enforce any of tile provisions hcreof, or to protect its interest in any rnattcr arising under this Contract, the non-prevailing party in any final judgment agrees to pay thc prevailing party all reasonable costs, charges and expenses, including attorneys' fees tlu'ougb any appellate or bankruptcy proceeding, expended or incurred in cotmcction therewith. The parties agree that Ihe right to collect any such costs is separate and apart fi'om any liquidated damages provided for herein and shall in ilo manner affect such liquidated damages provision. Page 21 P M l) 1289 21.1 I This Contract shall be binding upon and shall inure to tile benefit o£the parties hereto and their successors and assigns subject to paragraph 21.3 above. 21.12 Should any provision of tiffs Contract require interpretation in any judicial, administrative or other proceeding or circumstm.tce, it is agrees that the court, administrative body, or other entity interpreting or construing tiffs Contract shall not al)ply presumption that tile terms hcreot' shall be more strictly construed agaiust one party by reason of the role of' construction that a documc,.tt is to be construed more stricily against a party who by itself or througl.t its agents prcparcd the same, it being agreed that both parties hereto and their respective agents have fully and materially participating in the negotiation of the terms of this Contract. 21.13 If any one or rnore of the provisions of this Contract si'mil for arty reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality, or uncnforceability shall not affcct any other provision hereof or any valid portion of such invalid, illegal or unenforceable provision, and this Contract shall be construed as it'such invalid, illegal or uncn£orceablc provision or portion thereof had never been cot.trained herein. 21.14 The laws of tho State of Florida shall govern ti'to validity, enforcement and interpretation of ti'tis Contract. Venue for all actions or proceedings relating to or arising out of this Contract shall lie in the courts in and for Sarasota County, Florida. This Contract entered into as of thc day and year first written above. O~VN E R TAYLOR WOODROW COMMUNITIES Dougl'as L. Schwartzk,j As Its: Project Manager CON*FI~ACTOR MITCIIEIA~ & STARK CONSTRUCTION CO., INC. By: ? - ^s its:L; ?d.. (Printed narnc and title) License No. PMDI289 Page 22 F, XII1BIT "A" SCIIEi)ULE OF VAI.,UES Exhibits A-1, A-2, and A-3 atlachcd. PMD1289 Page 23 EXlllBIT "B" LIST OF CONTRACT DOCUMENTS Development Plans Tract ti Provided by Wilson, Miller, Barton & Peck, Inc~ Dated September 2, 1997- File #D-1364 Cover Sheet and Sheets 1t2 thru # 13 2.) 3.) 4.) Exhibit A-I - October 7, 1997 letter For Clear and Burn Exhibit A-2 - Schedule of Values Letter of Sept. 3, 1997 Water/Sewer/Storm/Irrigation Exhibit A-3 - Letter of October 17, 1997 Earthwork Provided by Mitchell & Stark Provided by Mitchell & Stark Provided by Mitchell & Stark Initial Initial PMD1289 Page 24 MITCHELL & STARK CONSTRUCTION LICENSED GENERAL CONTRACTOR 6001 SHIRLEy STREET NAPLES, FLORIDA 34109 PH: 941-597-2165 FAX: 941-566-7865 C0.~ INC. Scpicmbcr 3, 1997 Mr. Doug Schwartz. Taylor Woodrow Communities 9901 North Airport Road Naples, FI., 34109 Itc: Stoncbrklgc Tract "i l" Ih'ices I)car Mr. Schwartz: I'lcasc find attachcd our priccs for thc abovc referenced projcct. We appreciate thc opportunity to bid this work and ill can be of any furthcr assistance, picasc don't hesitate to contact mc. Very truly yours, [",'ll'I'CllEi.,I., & STAltK CONSTItUCTION COMi'ANY, INC. Daniel J. Mikclson I:,stimator/l)roject Manager DJ M:lgm AN EQUAL OPPORTUNITY EMPLOYER COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION September 10, 1998 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Allen Witt Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Re: Stonebridge, Tract H Dear Mr. Witt: 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 Nix Engineering Technician II cc: Phyllis Reed, Stonebridge Tim Clemons, Wastewater Director Paul Mattausch, Water Director Building Review & rmit~ing (941) 403-2400 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 [~i ,\NNIiRF, ['_'N\'II{t~NMI~N-[.,\I (~t~NSt:l I',\N I'N, May ll, 1998 Mr. Thomas Kuck, P.E. Project Plan Review Collier County Development Services Center 2800 North Horseshoe Drive Naples, FL 34104 SUBJECT: Stonebridge Tract H Utility Dedication Engineer's Payment Confirmation Collier County Conveyance Document Checklist, Legal Document Item 16 Dear Mr. Kuck: Wilson Miller confn'ms receiving payment for our services to date on the subject project. As of this date, no monies are outstanding from the owner/client. Sincerely, WILSON, MILLER, BARTON & PEEK, INC. F. Allen Witt, P.E. Senior Project Engineer 5/11/98-41499 Var: 01!-Mgale NO 117-030-002-ESBM-20449 WILSON, MILLER, BARTON <~t PEEK, IN(2. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ° Ph 941-649-4040 Fx 941-643-5716 Web Site: www.wilsonmiller, com E-tnail: naplcs@wilsonmiller, com [~I_,.\NNI lIS, E:.N\.'IIIt)N.MliN'f,'xl. (;(~NStfI_T.,\NTS, May 11, 1998 Ms. Shirley NIX Collier County Engineering Review Services 2800 North Horseshoe Drive Naples, FL 34104 SUBJECT: Stonebridge Tract H Utility Testing Results Dear Ms. Nix: The following attached tests for the subject project are in our professional judgement and to the best of our knowledge and belief representative of actual field conditions on the date performed: 1. 8" watermain pressure test, dated 2/20/98 2. 4" force main pressure test, dated 2/13/98 3. Inflow/infiltration test, dated 2/20/98 If you should have any questions, please do not hesitate to contact our office. Sincerely, WILSON, MILLER, BARTON & PEEK, INC. F. Allen Witt, P.E. Senior Project Engineer Enclosures Engineer's Signature and Seal 5/11/98-41503 Vet: 01 !-MSale NO 117-030-002-ESBM-20449 WILSON, MILLER, BARTON (~t PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ' Ph 941-649-4040 Fx 941-643-5716 Web Site: www.wilsonmiller, con, E-mail: naplcs@wilsonmillcr, com ,% ~q~[c ~ I, ,~; :%I x,, ~ ~ ~;~',t~ ,t~ /~, t,'~ ~t~ ,~ L': 1, q'O WILSON · MILLER · BARTON & PEEK, INC. HYDROSTATIC TEST REPORT Type of Main w.o. # 74 Plan File Supt. /~/O Field Rep. Date of Test '~'- 7_. O--- 0' ~ The computed allowable leakage for the test section is (calculations attached) The maintained test pressure for the test duration was /,.~""O z,¥¥ psi. Gal. Hr. The measured leakage during the test was Gal. The duration of the test was Hrs. The measured leakage was Gal. Hr. The method of measurement was Meter Calibrated Drum The hydrostatic test for this section meets ~ does not meet the allowable leakage. WILSON, MILLER, BARTON & PEEK, INC. F~eld Represer~tative Date: --~'-.-z. o_ c/? 12/2/94-00110036.BKY WILSON · MILLER · BARTON & PEEK, INC. HYDROSTATIC TEST REPORT Plan File Project Type of Main w.o.# Supt. Field Rep. Date of Test The computed allowable leakage for the test section is (calculations attached) The maintained test pressure for the test duration was /'~ The measured leakage during the test was The duration of the test was The measured leakage was The method of measurement was Hrs. Gal. Hr. Gal. Hr. Meter The hydrostatic test for this section meets ~(~ does not meet Calibrated Drum the allowable leakage. Gal. psi. WILSON, MILLER, BARTON & PEEK, INC. By: , .~,~ , /?/'?r '~ -'~C Date: Fie~d Representative 12/2/94-00110036. BKY Law~on Chiles Governor Department of ~::'?" ~---..~:.~ U LI Environmental Protection South District P.O. Box 2549 Fort Myers, Florida 33902-2549 Virginia B. Wetherell Secretary July 21, 1998 Douglas Schwartz, Project Manager Taylor Woodrow Communities 9809 North Airport Road Naples, Florida 34109 RE: Collier County - PW Stonebridge Tract H (Collier County Regional WTP) 131118-001-DSGP Dear Mr. Schwartz: 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 131118-001-DSGP dated October 31, 1997. Based on this certification and satisfactory bacteriological results, we are approving these facilities for service. Your continued cooperation in our water supply program is appreciated. Sincerely, Gary A. Maier Professional Engineer GAM/OJO/skw cc: F. Allen Witt, P.E. Paul E. Mattausch "Protect, Conserve and Manage Florida's Environment and Natural Resources" Printed on recycled paper. Department of Environmentai'!p ectiOn Lawton Chiles P.O. Box 2549 Virginia B. Wetherell Governor Fort Myers, Florida 33902-2549 . ..Secr..e..tar,/_._ July 23, 1998 Douglas Schwartz Project Manager Taylor Woodrow Communities 9809 North Airport Road Naples, FL 34109 Re: Collier County - DW/CS Stonebridge Tract H Permit No. 50581-019-DWC Connected to: Collier County North Regional WWTP Clearance for use Dear Mr. Schwartz: We have received a certificate of completion of construction as submitted by Wilson, Miller, Barton & Peek, Inc. On July 17, 1998, for the project authorized by the above permit number. Accordingly, the collection/transmission system may be placed into service. Sincerely, John A. Armstrong, P.E. Section Supervisor Domestic Waste Permitting Water Facilities cc: F. Allen Witt, P.E. Timothy L. Clemons /¥J2F'7~e ,':,5'id,:,'s ;E,'l'//,'onme,qr~ d;-J~ ?'lc,.',J/-6'~: Printed an recycled p~per. WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of , · .~- , hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to (customer) g~oo~-Sa~ o~-- C .(-2_ . on the job of (owner property) -1-~¥z~o~ ~.~ ~-e.,,.~- . , to the following described property: Dated On q' 2q 19 q~ Lienor's Name Address NOTE: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person tnay not require a lienor to furnish a waiver or release of lien that is different from the statato~.~ form. Stele of Florida De~rt~nt of Health Office of La~ratory Services Jacksonville, Niami, Pensacola Tampa, Nest PaLm Beach DRINKING WA TER BACTERIOLOGICAL ANALYSIS FOR LAB USE ONLY SYSTEM NAME: Press hard, (5) copies ADDRESS: COLLECTOR: SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: ~' SYSTEM I.D. NO: COUNTY: SYSTEM PHONE #: DISTRICT: COLLECTOR PHONE #: TYPE OF SUPPLY(Circle one): ~'~~Lt,~m~ Noncommunity water system Nontransient - noncommunity water system Private well Swimming pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement <:..~aln~-~t~'~rance ~ Nell survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health unit TO BE COMPLETED BY COLLECTOR OF SAMPLE ~[O~,E COMPLETED BY LAB ANALYSIS METHOD: ~M~._) MTF MMO-MUG PA COLL. SAMPLE POINT Cl NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER I i * Results in this column are presumptive. Total coliform and fecal coliform or E. coli confirmation will 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, Nia~i, Pensacola Taol)a, West Palm Beach DRINKING WATER BACTERIOLOGICAL ANALYSIS FOR 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): d'iCQll~Ouoit_~y_water sys~ Noncommunity water system Privat'~ w~'[~ ......... ~lii/n~g pool Bottled water TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement (Check Box) [ ] Distribution £ ] Raw Nontransient - noncommunity water system Limited Use system Well survey Other [ ] Check here if payment made to county public health unit TO BE COMPLETED BY COLLECTOR OF SAMPLE T~r-I~E COMPLETED BY LAB ANALYSIS METHOD:~4~~ MTF MMO-MUG PA COLL. SAMPLE POINT Cl NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COL]FORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER i Results i this column are presumptive. Total coliform and fecal coliform or E. coli confirmation will follow in 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 S'I'()N I£1 ~ R II)G E 'I'I~,A CT. I! I)I'~SCRIPTION S'I'O R M 15" I1. CID I g" RCI' 2,V.' RCP VAI,LF.Y GU'I-I'ER INLET G RAT/.~ IN I,F,T 24" IlEAl)WALL CONNF. CT TO EXISTING BOX SIJIYI'O'I'AI, S F.W E R 8" PVC SEWEI~, 0/6 8" PVC SEWER 6/8 8" PVC SEWF, R 8/10 8" I'VC SF_,WF~R 10/12 8" PVC SEWF_,I~, 12/14 6" SEWI£R CI,F.A NOUTS MANI IOI,E 0/6 MANi IOLE 6/8 MANI IOLE 8/10 MANHOLE 10Il2 MANHOLE 12/14 l.,i FT STATION 4" PVC FORCE MAIN S U 13'1'OTA L WATER 8" DR-14 PVC g" DR- I 8 PVC 6" I)R-I,I PVC 6" DR- 18 PVC 8" GATE VALVE 6" GATE VALVE FIRF, I'IYDRANT ASSEMBLY TI!MPORAI~.Y BLOWOFF - BSP 4X2 MASTER METER WATER SERVICE STUB I I/2 POI,Y TUBE FIRF. SERVICE S'FUB 2" POLY TUBE CONNECT TO EXISTING .SU IYI'OTA L IR R IGATION 8" CI, 160 I'VC II~,I~,IGATION STLJI3S CONNECT TO EXIST1NG SUI~TOTAL UNIT LF LF I,F EA ISA EA EA LF LF LF LF LF LF EA EA EA EA EA EA LS LF LF LF LF EA EA EA EA EA LF EA LF LS LF F,A EA tl UNITS 317.00 864.00 390.00 6.00 9.00 1.00 3.00 275.00 500.00 460.00 370.00 178.00 1285.00 27.00 2.00 1.00 2.00 1.00 2.00 1.00 1860.00 120.00 1750.00 130.00 1645.00 2.00 1.00 6.00 2.00 1.00 22.00 II00.00 22.00 II00.00 1.00 3700.00 2.00 TOTAL U P 19.95 21.53 25.46 1755.00 1155.00 1076.00 500.(10 0.00 O,OQ.. 0,00 12.97 16.12 19.53 31.08 38.25 9.45 110.25 1417.00 1627.50 1837.50 2250.00 2650.00 49864.44 7.06 0.00' 0.00 0.00 12.52 11.31 9.72 9.37 450.00 409.50 1575.00 500.00 15000.00 275.00 3.00 300.00 3.00 2000.00 0.00 0.00 0.00 10.26 131.25 5OO.0O 0.00 0.00 'I'O'I'AI~ TOTAL 6324.15 18601.92 9929.40 10530.00 10395.00 1076.00 1500.00 58356.47 0.00 0.00 3566.75 8060.00 8983.80 11499.60 6808.50 12143.25 2976.75 2834.00 1627.50 3675.O0 2250~0' 5300.00 49864.44 13131.60' 132721.19 0.00 0.00 1502.40 19792.50 1263.60 15413.65 900.00 409.50 9450.00 I000.00 15000.00 6050.00 3300.00 6600.00 3300.00 2000.00 85981.65 0.00 0.00 37962.00 0.00 100'0.00 38962.0O 0.00 316021.31 ~/~l(\'l{'-?(.~l~~,, I.,,\NI;~:(:,~'~I'I: /'~1'~. IIITIi(;3~, ()~.~N%-l'l<t!(Tl'lt'~$ ~,,,'1,,\N:'\(it{RS May 11, 1998 Mr. Thomas Kuck, P.E. Project Plan Review Collier County Development Services Center 2800 North Horseshoe Drive Naples, FL 34104 SUBJECT: Stonebridge Tract H Utility Dedication Engineer's Certification Dear Mr. Kuck: Please accept this letter as representation that in our professional judgement and to the best of our knowledge and belief the potable water distribution and sanitary sewer collection systems as listed below for Stonebridge Tract H have been completed in substantial accordance with the plans (WMBP FILE NO. D-1364) and specifications approved by Collier County Engineering Review Services. Furthermore, to the best of our knowledge and belief the subject water and sewer facilities have been constructed by the contractor within the public right-of-way and/or dedicated easements. Please contact me should you have any questions regarding this matter. Sincerely, WILSON, MILLER, BARTON & PEEK, INC. F. Allen Witt, P.E. Senior Project Engineer Engineer's signature and seal 5/11/98-41499 V~': 01 !-MSale N01 l 7-030-002-ESBM-20449 WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ' Ph 941-649-4040 Fx 941-643-5716 W~b Site: www. wilsonmillcr, com E-mail: naples@wilsonmiller, com WARRANTY/GUARANTEE THE UNDERSIGNED, Mitchell & Stark Construction Company, Inc. does hereby warrant and/or guarantee the water, sewer and storm drainage and appurtenances installed at STONEBRIDGE TRACT H to be free from defects of materials and workmanship for a period of at least one year from the date of acceptance by the Collier County Commissioners. THE UNDERSIGNED further agrees that it will, at its own expense, repair and replace all materials or installations which violate the covenants herein contained. DATE: 4-23-98. Mitchell & Stark Construction Company, Inc. Project Manager State of Florida County of Collier Before me the undersigned notary public in and for the state and county aforesaid, personally appeared DANIEL J. MIKELSON, PROJECT MANAGER of MITCHELL & STARK CONSTRUCTION COMPANY, INC., a Florida Corporation, who acknowledged before me that they executed the foregoing document. ~~Mo .~s Sons ~ NOTARY PUBLIC Morris Sons My commission expires: ~".."} ~: :~. MY COMMISSION,~ CC678042 EXPII~$ %k;~,B.~ ~N~D ~RU ~OV FA~N ~U~ tnt Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date Post Date Payment Slip Nbr 76732 6/1/98 3:27:04 PM 6/1/98 UT 37470 MITCHELL AND STARK 6027 SHIRLEY ST Payor: MITCHELL AND STARK Fee Information Fee Code Description GL Account 42CYIN COUNTY INVOICES 40800000011510000000 Total Amount Waived $281.70 $281.70 Payments Payment Code CHECK Account/Check Number 4496 Amount $281.70 Memo: FULL BORE FLUSH AT STONE BRIDGE TRACT H. INVOCIE #28799 CK #4496 FOR $281,70 PAID ON 6/1/98 Total Cash $0.00 Total Non-Cash $281.70 Total Paid l $281 Cashier/location: GARRETT_S / 1 User: MOROCCO_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:6/1/98 3:27:42 PM NO NAPLES 08/31/1998 07:49 9415977082 FtRE pREVE~ON BUREAU PINE RIDGE ROAD NAPLES, FLORIDA F~ (~1) 597.3522 August 24, 1998 Doug Schwartz Taylor Woodrow communities 9901 No. Airport Rd. Naples, FL 34109 RE: Fire Hydrant Acceptance Stonebridge - Track H .(6 Hydrants) winding Oaks Way Dear Doug, The North Naples Fire Control and Rescue District has inspected and received our fees for ownership and maintenance of the above hydrants, we will accept ownership and maintenance at this time. The following are the results of a flow test: Static 62 Residual 54 GPM 1089 Pitot 42 If you have any questions, please do not hesitate to give me a call. Sincerely, NORTH ~.LE DEPARTMENT Karl K- Reynolds Fire Marshal Fire Prevention Bureau KKR:sc cc:pan Mikelson - Mitchell & Stark JShirley Nix Collier county Allen Witt - Wilson, Miller, Barton & Peek '-*' COLLIER COUNTY CROSS CONNECTION CONTROL Test And Maintenance Report Customer__ <..'-r*o~G. /7~.6/&/~ Street Address .... Mail~ng Add. tess t Location oE Assembly TypeOf Assembly RP [c]~C'~DC [] PYB [ ] FircLine [ ] Potable ['4-'~/'' Size Manufacturer ~,i'GCaO Model '[0 ~e)Oo :_% Serial No. X,/A Gg~ cI-I~CK'¥ALV~ #1 REI.IIgF YAI,lrfi CHECK V~ ~2 P~S. VACUUM [ ] l~ .: ~'~' o~ed ~~PSI [ ] l~ed ~r i~et opened at . . g gP ~u~asurc ~d nor open [ ~] au e rcssure check v~ve: a~ ~ a~oss ch~k leaked [ ] ~~~1 v~ve Z' ~ PSI held at _ [. l,~ o~ l~nea only [ ] ~e~ed only [ ] cleaned :.:.. ". ~'. [ ] tuber ~t [ ] robber ~t [ ] ' ~ubbcr Ut ':':'~'[~b~'' [1' RV ~gmbly [] CV ~s~bly l] CV ~scmbly . ~:~..~ [] disc [] disc , [] disc,~ []' [ 1 ~t [ ] ~t [ ] sp~ cv [ 1. ] . spring [ ] spring [ ] remn~ [ ] ~~c [] ~c [] st~/~de [] ~de' [] ~I ~SI v~ve,, PSI chk. ~ve_ , PSI NO..t~:, ...AR: .:.~paits shaU b~ ¢omplemd vtithin ten (10) day.s. ' l'hCreby~ cexdf,/that this data is accurate and reflects thcpropet operation and maintenance of the assembly.. 90/g0'd Z899 £~9 T~6 Time ABA~]S ~B]]IW - NOS-]I~ PS:£0 866T-0T-dBS COLLIER COUNTY CROSS CONNECTION CONTROl. Test And MaintenanCe Report Mailing Address Address Type Of Assembly RP [ t~ DC [ ] PV~, [ ] Fire M.~!ufactm.. er (:Dta ~/'e.~. c ,;, Model Potable [~'*' Size Serial No, fa/~ "~'/_~_ ,, (;~~ALV'B #1 II~LIRF VALVI~ CI.-I.~CK VALVE ~2 P~. VA~UM B~R ~~j"a~t;, .;. ~,.:.:". { ] dosed ~t ~dnoto~n [ ] ~,~e ~d not o~ [~ ~uge p~ssure check v~v~ ~I v~c_~ ~! held at __ PSI. ~~y [~~ o~y [~med only. [ ] cleaned only -.'.' ~eP~ . ~eP~& replaced: .. :'~ .[ ] rub~ ~t [ ] mb~t ~t [ ] rubber ~t [ ] ~jli ~lr [ ] RV ~sembly [ ] ~ assembly [ ] CV ~sembly ['1 ~ ~,.. ,. [ ] ~t [ ] ~t [ ] spa~g, cv [ ] :~:,: [ ] ~ [ ] rc~er [ ]. ~nng [ ], ~u [ ] o~ [ ] 1~ nu~ [ ] other [ ] ~ :SI o~n~tCaef ~at ~u~a~ ptcssure~ ak ~et N~i'.~:tcpsits shall be completed within ten (10) days. , · ..:~,~;:! ..... I'hen~Y,,. . ,.c~ttify that this dat~ is accurate ~nd ,eft=ts the ptol:~r ope~tion and m~intenmace of the ..sembly.:' 90/90'd a899 £t~9 II~6 ABAatF1S aB-]-IlW - NOS-JIM Date Time !: q~' i').~ Irc:; :LO 8~6T-O]:-dqS September 1, 1998 Mr. Thomas Kuck, P.E. Project Plan Review Collier County Development Services Center 2800 North Horseshoe Drive Naples, FL 34104 SUBJECT: Stonebridge Tract H Fire Flow Certification Dear Mr. Kuck: Please accept this letter as representation that in our professional judgment and to the best of our knowledge and belief, the water mains have been designed to provide fire flow to the project as reviewed and approved by Collier County Project Review Services. If you should have any questions, please do not hesitate to contact our office. Sincerely, WILSON, MILLER, BARTON & PEEK, INC. F. Allen Witt, P.E. Project Manager Engineer's signature and seal 7/14/98-41499 Vet: 01 !-MSale N0117-030-002-ESBM-20449 WILSON, MILLER, BARTON ~ PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ' Ph 941-649-4040 Fx 941-643-5716 Web Site: wxvw.wilsonmillcr, com E-mail: naplcs@wilsonmiller.com SANITARY SEWER SYSTEM INFILTRATION REPORT PROJECT: DATE: CRITERIA: *50 gallons per inch of internal pipe diameter per mile per day including manholes or as required by the specifications. An infiltration and/or inflow observation was made on the subject project. The results are as follows: *Gal /7/g/ LF x ~ in. Dia x 50 Day x 1 gal 5280 LF in. Dia 24 hr x 60 gal. = ~,~g min MI day min From To Gallons per Minute Measured Gallons per Minute Allowable Prepared by: Revised 1/86 G1 06-18-199~ ~2: 59PM FROM PRECOI'I TO 1941~.367965 P.02 C~ ^. l.,qu~dara '.I~! H~n¢~ock Bridl~e Park'way' Nth. Ft, Myers, FL 3:~90] * 9~1.997-~5 * 941.99~-?117 FAX FROI.I : GULF' ~TRTE$ ~ PHONE I',~0. : 941 26] T]28 ~ I'lag, ~? 1~q9c3 04:46Phl P1 GULF STATES, INC. 4~$ Pwg~c,'~ Ave, Nubia's:, ~l. ¢i~oa¢ §4i-263-7 i37 Fax 94 !-263-7328 May 07, 1995 Dan Mikchon Mitchell & Stark Shirley Strict Naples, Ft. 34109 S3('ONEBRIDGE TRACT H LIFT STATION VOLTAGE DROP CONFIR~¥rlON D¢~ D~m~ Pica.sc u.~ this letter to cottfim~ that th: voltage Bop on thc feeder to this lift station is l~s than 50/o Oar calculations show thc voltage drop on this feeder should not exceed 1.0% Ou~ ~al~ulatiom ar~ bagd on the motors bc~n8 lO-Horsepower, 240 volt, thr~o ~ pt~sc and thc foed~r~ t~iag #3 coppc~, $0 feet long. Sine.ely, L3 2'152 SPRINT BLVD. APOPKA, FL 32703 (4071 886-3131 WILSON - MILLER SURUEY 5661 DIVISION DRIVE FORT MYERS, FL 33905 (941)693-5226 DIVISION OF ELLIS K. PHELPS & CO. RESPOND TO: O 1100 53RD COURT SOUTH MANGONIA PARK WEST PALM BEACP{, FL 33407 (561) 848,2299 PUMP STATION START-UP REPORT JOB NME S~ONEBRIDGE TRACT "H" LOCATION OF INSTALLATION CONTF~ACTOR Mitchell & Stark PUMP MODEL CP3127 OPERATOR Naples, fL H.P. 10 IMPELLER 481 VOLTAGE '::341 64:3 6682 P. 182/82 SERIAL NUMBER $1 180-9770107 #3 MANUFACTURER OF CONTROL OVERLOAD HEATER # B-45 ALTERNATOR TESTED YES COMMENTS: 124 AIRPORT PARK DR. SAVANNAH. GA 31408 (912) 966,1866 Collier County DESIGN CONDITIONS: GPM TDH 230 PHASE 3 11-97-28 $2 180-9770111 QCI SERIAL L/A CONNECTED YES GROUND CONNECTED YES All controls operate good. __P_u_m.p_s.__sound good. MEGGER CHECK #1 INF RED INF BLACK $2 RED BLACK #3 RED BLACK $t4 RED BLACK VOLTAGE CHECK: WHITE WHITE WHITE WHITE CONTROL CIRCUIT PRIMARY 123 A to B 252 B to C 245 A to G 123 B to O 217 AMPERAGE CHECK: ~1 23 A 23 B 20 #2 23 A 23 B 20 #~ a B TO C. ROUND SECONDARY A to C 247 A tO G 123 C PHASE C PHASE C PHASE 25 YES OPERATOR HAS RECEIVED INSTRUCTION MANUAL YES PUMPS SEATED PROPERLY FIELD TEST PERFORMuANCE TEST; ~1 264 GPM TDH #2 274 GPM TDH~ I certify this report to be accurate'~~~ Official Start-Up Date: 6/24/98 GPM TDH GPM TDH TOTAL P. 182 COLLIER COUNTY UTILITIES WASTEWATER DEPP, RTMENT PROJECT VIDEO REVIEW DATE OF REVIEW: 05/15/98 PROJECT NAME: Stonebrid~e Tract H ENGINEER OF RECORD: CONSTRUCTION CONTRACTOR: Mitchell and Stark Const. VIDEO CONTRACTOR: Sewer Viewer, Inc. COMMENTS: Lines and services are in good condition. RECOMMENDATIONS: · ~ REVIEW NUMBERED COMMENTS IN ONE YEAR: I ! NIIMBERED COMMENTS UNACCEPTABLE: (REPAIR/REPLACE) ~ OTHER RECOMMENDATIONS: COLLIER COUNTY GOVER NT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2600 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION June 25, 1998 Allan Witt Wilson, Miller, Barton & Peek 3200 Bailey Lane, Suite 200 Naples, FL 34105 RE: Stonebridge, Tract H, Water and Sewer Dear Mr. Witt: A preliminary inspection was conducted on the above referenced project by Randy Casey of the Engineering Review Section of the Planning Services Department, effective June 25, 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, Engineering Inspections Supervisor CF/rc/lao/f:/inspections CC.' Cindy Erb, Engineering Technician, Public Works Timothy L. Clemons, Wastewater Director, Utilities Ed Finn, Interim Water Director, Utilities Evelyn Ferguson, D.O.R. Billing Supervisor Randy Casey, Engineering Inspector, Engineering Review Section Shirley 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 Description of a Pump Station County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92 through 103, Collier County, Florida (Braeburn at Stonebridge, A Condominium) All that part of Tract H of Southampton Unit One according to the plat thereof as recorded in Plat Book 19, pages 92 through 103, Public Records of Collier County, Florida being more particularly described as follows: Beginning at the easterlymost comer of said Tract H; thence along the boundary of said Tract H in the following twelve described courses: 1) South 27000'00" West 43.43 feet; 2) southwesterly 613.98 feet along the arc of a tangential circular curve concave to the northwest having a radius of 554.00 feet through a central angle of 63°30'00'' and being subtended by a chord which bears South 58°45'00'' West 583.04 feet; 3) North 89°30'00" West 89.15 feet; 4) southwesterly 286.72 feet along the arc of a tangential circular curve concave to the south having a radius of 3285.56 feet through a central angle of 05000'00" and being subtended by a chord which bears South 88°00'00'' West 286.63 feet; 5) South 85030'00" West 545.30 feet; 6) South 49°30'00'' West 129.84 feet; 7) South 89°15'00'' West 193.53 feet; 8) thence North 41o24'52" West 66.71 feet; 9) thence North 09°12'46" West 85.52 feet; 10) thence North 27026'06" West 94.00 feet; 11) thence North 44047'53" West 98.02 feet; 12) thence North 22010'45" West 141.83 feet; thence leaving the boundary of said Tract H, southeasterly 46.44 feet along the arc of a non-tangential circular curve concave to the south having a radius of 127.76 through a central angle of 20049'33" and being subtended by a chord which bears South 76o50' 12" East 46.18 feet; thence South 66°25'26" East 11.57 feet; thence North 21058'58" East 54.02 feet; thence South 66°25'26'' East 9.93 feet to the Point of Beginning of the easement herein described; thence North 23o34'34" East 30.00 feet; thence South 66025'26" East 32.00 feet; thence South 23°34'34" West 30.00 feet thence North 66°25'26" West 32.00 feet to the Point of Beginning of the easement herein described; Subject to easements and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01°59' 12" West. WILSON, MILLER, BARTON&PEEK, INC. R egistered~~and Surveyors B~~ #5627 Date '/~'~-2'5'-- ~7 Certificate of auth"6'fl'z~on #LB-43. Not valid unless embossed ' ' ' w~th the Professional s seal. Ref. 4L-1411 x'X/II-St'~N, MII-LEI~,, [3AI~,TON ~ I~[~I~K, IN(' ~,200 l~,mlcy lxmc, .'quite 200, IN:ti, lux, }:l~*rid:~ t4105-8507 ' I~h O41-649-4040 [:x 941-64 t-5716 NOl 17-0~5-OI-PSRNIF Description of a Master Water Meter Coun~ Utility Easement, being a part of Tract ~ of Southampton Unit One, Plat Book 19, pages 92 through 103, Collier County, Florida (Braebum at Stonebridge, A Condominium) All that part of Tract H of Southampton Unit One according to the plat thereof as recorded in Plat Book 19, pages 92 through 103, Public Records of Collier County, Florida being more particularly described as follows: Beginning at the easterlymost comer of said Tract H; thence along the boundary of said Tract H in the following three described courses: 1) North 67003'06" West 120.30 feet; 2) South 27o00'00" West 34.93 feet; 3) North 63000'00" West 6.00 feet; thence leaving said Tract "H" southwesterly 30.84 feet along the arc of a non-tangential circular curve concave to the northwest having a radius of 514.00 feet through a central angle of 03°26'16" and being subtended by a chord which bears South 28°43'08" West 30.84 feet to the Point of Beginning of the easement herein described; thence South 57°41 '43" East 20.24 feet; thence South 32° 18' 17" West 30.00 feet; thence North 57°41 '43" West 20.14 feet; thence northeasterly 30.00 feet along the arc of a non-tangential circular curve concave to the northwest having a radius of 514.00 feet through a central angle of 03°20'41" and being subtended by a chord which bears North 32006'36" East 30.00 feet to the Point of Beginning of the easement herein described; Subject to easements and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01 °59'12" West. WILSON, MILLER, BARTON & PEEK, INC. Registered//~e~Land Surveyors B "Lm~nce T~5627 Date Certificate of authorization #LB-43. Not valid unless embossed with the Professional's seal Ref. 4L-141 l. I 1~6f97 - W-MASTER.DOC NOI 17-035-OI-PSR3dF WILSON, MII_I.ER, 3200 Bnilcy Lane, Suite 200, Nnplcs, Florida 34105-8507 ' l'h 941-640-4040 Fx 941-643- 5716 Wc], 5itc: www. wilst~nmillcr.com [~-tnaii: ~;~plcs~/)wtlscmmillcr.com Description of a 48.00 foot wide ingress-egress easement Utility and County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92-103, Collier County, Florida (Braeburn at Stonebridge, a Condominium) A 48.00 foot ingress-egress drainage, utility and County utility easement over and across all that part of Tract H of Southampton Unit One according to the plat thereof as recorded in Plat Book 19, pages 92 through 103, Public Records of Collier County, Florida, lying 24.00 feet on each side of the hereinafter described centedine being more particularly described as follows: Commencing at the easterlymost corner of said Tract H; thence along the boundary of said Tract H in the following three described courses: 1) North 67003'06" West 120.30 feet; 2) South 27o00'00" West 34.93 feet; 3) North 63o00'00" West 30.00 feet to the Point of Beginning of said centerline of easement herein described; thence leaving the boundary of said Tract H, southwesterly 61.06 feet along the arc of a tangential circular curve concave to the northwest having a radius of 490.00 feet through a central angle of 07°08'22" and being subtended by a chord which bears South 30°34'11" West 61.02 feet to a point of reverse curvature; thence southwesterly 79.18 feet along the arc of a tangential circular curve concave to the southeast having a radius of 2000.00 feet through a central angle of 02o16'06" and being subtended by a chord which bears South 33°00'19" West 79.17 feet to a point of reverse curvature; thence southwesterly 218.76 feet along the arc of a tangential circular curve concave to the northwest having a radius of 200.00 feet through a central angle of 62°40'13" and being subtended by a chord which bears South 63°11'22" West 208.02 feet; thence North 85°27'31" West 184.19 feet; thence westerly 148.43 feet along the arc of a tangential circular curve concave to the south having a radius of 500.00 feet through a central angle of 17°00'33" and being subtended by a chord which bears South 86°02' 12" West 147.89 feet; thence South 77°31'56" West 273.99 feet; thence westerly 157.67 feet along the arc of a tangential circular curve concave to the north having a radius of 500.00 feet through a central angle of 18o04'02" and being subtended by a chord which bears South 86033'57" West 157.01 feet; thence North 84o24'02" West 193.45 feet; thence westerly 123.34 feet along the arc of a tangential circular curve concave to the south having a radius of 600.00 feet through a central angle of 11°46'41" and being subtended by a chord which bears South 89°42'37" West 123.12 feet; thence South 83049, 17" West 75.52 feet; 7125/97 - W-01170359.MRS N-0117-035-00 I-PSR. MF WI LS¢3N M I L E R Description of a 48.00 foot wide ingress-egress easement Utility and County Utility Easement, being a part of Tract H of Southampton Unit One, Plat Book 19, pages 92-103, Collier County, Florida (Braebum at Stonebridge, a Condominium) (continued) thence northwesterly 127.48 feet along the arc of a tangential circular curve concave to the north having a radius of 150.00 feet through a central angle of 48°41 '33" and being subtended by a chord which bears North 71°49'56" West 123.67 feet; thence North 47o29, 10" West 132.45 feet; thence northwesterly 66.10 feet along the arc of a tangential circular curve concave to the southwest having a radius of 200.00 feet through a central angle of 18°56'16" and being subtended by a chord which bears North 56o57, 18" West 65.80 feet; thence North 66o25'26" West 62.11 feet to the Point of Ending of said centerline of easement described; The sides of said easement shall be terminated along the westerly line of Braeburn at Stonebridge, a Condominium and along the northerly line of said Tract "H". Subject to easements and restrictions of record. Bearings are based on the east line of said Southampton Unit One being North 01o59, 12" West. WILSON, MILLER, BARTON & PEEK, INC. Registered En~;rs and Land Surveyors By: 7Lance TT~ilIe'~7-PTSTM. #562 Certificate of authorization #LB-43. Not valid unless embossed with the Professional's seal. Ref'. 4L-1411 7/25/97 - W-01170359.MRS N-0117-035-001 -PSRM F .) I/