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Silver Lakes, Phase 2-F
MEMORANDUM DATE: February 26, 2000 TO: Maureen Kenyon, Supervisor, Clerk to Board FROM: Shirley Nix, Engineering Technician II.~2/ Project Plan Review RE: Silver Lakes, Phase 2-F Water and/or Sewer Facilities Acceptance Recording Fee Number 113-138312-649030 On ,,~,._l-99 The Board of County Commissioners gra~ted final/acCeptanCe of the water and/or sewer facilities within the above-referenced project· Attached, please find the following recorded, in order: 1. Utilities Facilities Subordination, Consent and Joinder 2. Bill of Sale 3. Utilities Facilities Warranty Deed Also, please find attached the following documents for your files. 10. 11. Owner's Affidavit Attorney'S Affidavit Copy of preliminary approval letter from Engineering Review Engineer's final payment confirmation Certification of pressure testing of water lines by Engineer of Record DER Placement-in-Service letter for sewer facilities Contractor's Final Release of Lien Lab results on bacteriological test for water lines Memorandum to Maureen Kenyon, Supervisor, Clerk to Board February 26, 2000 Page Two 12. Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) 13. Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements 14. 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 15. Letter from fire district regarding ownership and maintenance of fire hydrants and certification of field fire flow capacity testing 16. Certification of the inflow/infiltration test for the sewer lines by Engineer of Record 17. Coating certification of man holes, wet wells and dry well from manufacturer 18. Copy of video tape test report 19. 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 If you have any questions, please call and advise accordingly. attachments doc:2094-2 Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES. FLORIDA 34101-3044 ......... :~- OFFICIAL RECEIPT ~~ WhenValidated__ BRANCH OFFICES: GOLDEN GATE 4839 GOLDEN GATE PARKWAY GREENTREE SHOPPING CENTER 2386 IMMOKALEE ROAD ~ IMMOKALEE ~ 101 S. FIRST STREET MARCO ISLAND i 1040 WINTERBERRY DRIVE i EVERGLADES CITY ................. J 207 BROADWAY AVENUE RECEIPT: 3166757 PA'~OR: BCC 113 138312 649030 REF: ENGINEERING REVIEW/ S NIX DESCRIPTION AMOUNT DUE · - -- -- -- -- ...... ~ -- -' -'-- -- -- '--- ~ --.- RECORDING OF LEGAL INSTRUMEN 27.0¢~ P'· R.M.T · F . RECORDING FEE 4.._,=--('-'.. DOCUMENTARY STAMP'S - 70 .70 DC: 3 DOCUMENTS DOC TYP FILE ID BOOK PAGE SUBORD 2613239 2657 0301 B SALE 2613240 2657 0303 DEED 2613241 2657 0305 221J295 OJ/JO/2000 2 ~,iLED, ~.", 20 MW A~IT PAID: . O0 DEPT: RECORDING TOTAL DUE: 32.20 2613239 OR: 2657 PGe 0301 03/30/2000 at 07:51~ ~IG~ l, ~0~, CLI~ Form 4 - Rev. 4/28/89 (utilities Facilities Consent and Joinder) Utilities Acceptance - Doc ~320 UTILITIES FACILITIES StTBORDINATION, CONSE~Vf ~ JOIZ~DER SIL~PER I~AKES PHASE 2-F THIS SUBORDINATION, CONSENT AND JOIN-DER given this ~. day f December 1999, by Citizens Community Bank, (hereinafter o .... ' -- ,,~a~ee,,) in favor of the BOARD OF coLrNTY .... -r~'r~',~,r~mc: ,'~':' COT, ER COLTNTY FLORIDA, AS THE GOVERNING BODY O~F LLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COL. LIEm \ CO ........ wm~ ~Tu~oICT its successors and asslgns, COUNTY WA'r~K- m~--~m ~ ~--.- , · (hereinafter referred to as "County").. Mortgagee is used as ~ singular or plural, as the context requires. W I TNES SETH : WHEREAS, Mortgagee is the owner and holder of that certain Mortgage from Conquest Development USA, L.C., a Florida limited~ liability company, dated December 24, i996, and recorded January 6, 1997, in O.R. Book 2268, Page 2159, of the Public Records of ~ Collier County, Florida, (hereinafter referred to as ,'Mortgage"), encumbering the premises legally described therein, (hereinafter referred to as the ,,Encumbered Property"). WHEREAS, Mortgagee is the holder of that certain Assignment of Rents recorded January 6, 1997, in O.R. Book 2268, Page 2168, (herein referred to as ,,Assignment of Rents"), encumbering the premises legally described therein, (hereinafter referred to as the ,,Encumbered Property") · WHEREAS County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of utility facilities over and across a portion of the encumbered premises legally described as: All sewer facilities located within Tract R of the plat of Silver Lakes Phase Two-F, according to the plat thereof as recorded in Plat Book 33, Pages 37 and 38, of the Public Records of Collier County, Florida, which premises are hereinafter referred to as the "Easement Property" · WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage and Assignment of Rents to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage and Assignment of Rents to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any utility facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said Mortgage and Assignment of Rents shall remain otherwise in full force and effect. *** 0R: 2651 PG: 0302 IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Witnesses Witness #1 . c Print Name Witness #1 l~i-thess-#2- Print Name-Witness ~2 CITIZENS COMMUNITY BANK Print Name:' ~,:~\_.~.~Sy~_ Title: , ~A~_ ~/~- -/~r~¢/~.~J_ STATE OF FLORIDA cOUNTY OF COLLIER The foregoing UTILITIES FACILITIES S/U~,~R~_IN~T~t~SEx~NT AND JOINDER was acknowledged before me Dy ~O;3-~ ;. ~-~-~ ~ , as Bank. He is (~i of CITIZENS COMMUNITY BANK, on behalf o~ the personally known to me or ( ) has produced · as identification and did take an oath. WITNESS my hand and official seal thls/~/~4~aY o~_____~., ~ot~vrM~ pu~ic~ - ~ My Con~nission Expires: Form 9 - Rev. 4/28/89 (Bill of Sale) Utilities Acceptance - Doc. ~320 This Instrument Prepared by: Timothy G. Hains, Esquire QUARLES & BRADY 4501 North Tamiami Trail, #300 Naples, Florida 34103 2613240 OR: 2657 PG: 0303 . BILL OF SALE SILVER LAKES PHASE TWO-F SEWER UTILITIES THIS BILL OF SALE evidencing the sale and conveyance.of the sewer utility facilities described herein is made this ~ day of December, 1999, by CONQUEST DEVELOPMENT U.S.A., L.C., ~ Florida Limited Liability Company, (hereinafter "Seller"), and the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, its successors and assigns, (hereinafter "Buyer"). W I T N E S S E T H.' Witnesses: Print Name: Name: That said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyer's heirs, successors and assigns forever, all those certain sewer utility facilities lying within the following described land, together with appurtenant easement rights for the operation installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: All sewer facilities located within Tract R of the plat of Silver Lakes Phase Two-F, according to the plat thereof as recorded in Plat Book 33, Pages 37 and 38, of the Public Records of Collier County, Florida. The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as sewer 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. CONQUEST DEVELOPMENT U.S.A., L.C., a Florida Limited Liability Company By:~ r Wi--11 i~m~/-Br/~9~ t, MS,ag~ QBNAP\ 203864.1 *** OR: 1657 PG: 0304 *** STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of December, 1999, by William E. Bridgett, as Manager of CONQUEST DEVELOPMENT U.S.A., L.C., a Flprida Limited Liability Company, on behalf of the Company. He (L/) is personally known to me or ( ) produced as identification, and he did/did not take an oath. /Pri~Name: O uZ~£ Notary Public (SEAL) My Commission Expires: 1 { "¢-':~½ EXPIRES: So~ $, 2003 March 12, 1999 Form 8 (Warranty Deed) utilities Acceptance - Doc. #320 prepared by: Timothy G. Mains, Esquire QUARLES & BRADY 4501 North Tamiami Trail, ~300 Naples, Florida 34103 property ID# Underlying land 2613241 OR: 1657 PG: 0305 ~.lCOItl)ID in OI*HCHtl, IICO~D$ O[ COI,Llil COUI[YI, I*L 0~/30/~.000 ~t. OhH~ ~1~[~ I. ~ilOC[, CLII[ IllC fli tO,S0 ~c-,?O .1~ itetn: $11IIL!! Ill Witnesses: Print Name: /~97'~-r~/~ /-,~.,.~I[.,/..~ SEWER UTILITIES FACILITIES SILVER LAKES PHASE TWO-F W~TY DEED THIS INDENTURE made this ~k day of December, 1999, between CONQUEST DEVELOPMENT U.S.A., L.C., a Florida Limited Liability Company (hereinafter referred to as ,,Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER cOUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee"). W I TNES SETH: That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all sewer utility facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: All sewer facilities located within Tract R of the plat of Silver Lakes Phase Two-F, according to the plat thereof as recorded in Plat Book 33, Pages 37 and 38, of the Public Records of Collier County, Florida, 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 land described above. Grantor and Grantee are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. CONQUEST DEVELOPMENT U.S.A., L.C., a Florida Limited Liability Company / By:~g · er STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of December, 1999, by William E. Bridgett, as Manager of ST DEVELOPMENT U.S.A., L.C., a Florida Limited Liability Company, on behalf of the Company. He is personally known to me and he did take an oath. Notary Public (SEAL) My Commission Expires: This Instrument Prepared by: Timothy G. Hains, Esquire Quarles & Brady 4501 North Tamiami Trail, Suite 300 Naples, Florida 34103 OWNER'S AFFIDAVIT SILVER LAKES - PHASE TWO-F SEWER UTILITIES ACCEPTANCE STATE OF FLORIDA COUNTY OF COLLIER ON THIS m~__ day of December, 1999, before me personally appeared WILLIKM E. BRIDGETT, as Manager of CONQUEST DEVELOPMENT U.S.A., L.C., A Florida Limited Liability Company, owner of property to me personally known (hereinafter "Affiant"), who. being duly sworn on his oath, did say that all of the persons, firms, and corporation, including the general contractor and all subcontractors, who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction or repair of sewer utility facilities on the real estate hereinafter described, have been paid in full and that such work has been fully completed and accepted by the owner. Affiant further says that no claims have been made to the Owner by, nor is any suit now pending on behalf of, any contractor, subcontractor, laborer or materialman, and further that no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility facilities placed upon or installed in the aforesaid premises. Affiant says that the subject real property is encumbered of record as follows: a) A Security Agreement executed by Conquest Development U.S.A., L.C., a Florida limited liability company, in favor of Citizens Community Bank, dated December 24, 1996, and recorded January 6, 1997, in Official Records Book 2268, Pages 2159 through 2167, inclusive, of the Public Records of Collier County, Florida. (b) Assignment of Rents, executed by Conquest Development U.S.A., L.C., a Florida limited liability company, in favor of Citizens Community Bank, dated December 20, 1996, and recorded January 6, 1997, in Official Records Book 2268, Page 2168, of the Public Records of Collier County, Florida. That certain real property referred to herein is also subject to the following: a) Easements, restrictions and other matters as described on the Plat of Silver Lakes Phase Two-F, as recorded in Plat Book 33, Pages 37 and 38, of the Public Records of Collier County. b) That certain DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SILVER LAKES RV RESORT & GOLF CLUB, dated December 30, 1992, and recorded December 31, 1992, in Official Records Book 784, Pages 1103 through 1145, inclusive, and First Amendment to Declaration of Covenants, Conditions and Restrictions for Silver Lakes RV Resort & Golf Club, recorded June 9, 1993, in O.R. Book 1834, Pages 0248 through 0250; Second Amendment recorded December 16, 1994, in O.R. Book 2011, Page 2320; Third Amendment recorded December 28, 1994, in O.R. Book 2014, Page 1993; Fourth Amendment recorded October 4, 1995, in O.R. Book 2105, Page 1170; Fifth Amendment recorded October 24, 1996, in O.R. Book 2112, Page 0612; Sixth Amendment recorded March 7, 1997, in O.R. Book 2292, QBNAP\203865.1 Page 0778; Seventh Amendment recorded March 7, 1997, in O.R. Book 2292, Page 0781; and as subsequently amended of record, inclusive, all of the Public Records of Collier County, Florida. Affiant, as and on behalf of the Owner of the subject utility facilities, does for valuable consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex- Officio the Governing Board of the Collier County Water-Sewer District harmless against any lien, claim or suit by any general contractor, subcontractor, mechanic or material man, and against chattel mortgages, security interests or repair of the subject utility facilities. Affiant is used as singular or plural, as the context requires. The utility facilities referred to herein are located within the real property described as: Tract R, SILVER LAKES PHASE TWO-F, according to the plat thereof recorded in Plat Book 33, Pages 37 and 38, of the Public Records of Collier County, Florida. CONQUEST DEVELOPMENT U.S.A., L.C., a orida Limited ' ' '~y Co~any F1 ~t By: , Manager The foregoing instrument was sworn to and subscribed before me this ~ day of December, 1999, by William E. Bridgett, as Manager' of CONQUEST DEVELOPMENT U.S.A., L.C., a Florida Limited Liability Company, on behalf of the Company. He is personally known to me and he did take an oath. (SEAL) Name: Notary Public My Commission Expires: I~:,..~...:k] EXPIRES: November 6, 2003 II Form 6 - Rev. 4/28/89 (Owners Affidavit) Utilities Acceptance - Doc. #320 QBNAP\203865. i Form 5 - Rev. 4/28/89- (Attorney's Affidavit) Utilities Acceptance - Doc. #320 ATTORNEY'S AFFIDAVIT SILVER LAKES PHASE TWO-F SEWER UTILITIES ACCEPTANCE STATE OF FLORIDA COUNTY OF COLLIER ON THIS c~C~A~ day of December, 1999, before me personally appeared TIMOTHY G. HAINS, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is 4501 North Tamiami Trail, Suite 300, Naples, Florida 34103, (941) 262-5959 (hereinafter "Affiant"), who, being duly sworn on his oath, does say: 1. The Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District to accept the dedication or conveyance of sewer utility facilities located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier County, Florida. 2. The Affiant has examined record title information to both the real 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. It is the opinion of the Affiant that, as of December 2, 1999, the record owner of the real and personal property described herein is CONQUEST DEVELOPMENT USA, L.C., a Florida limited liability company, (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded in Official Records Book 1750, Page 1265, of the Public Records of Collier County, Florida, attached hereto as Exhibit "B" 4. The Affiant has examined the Articles of Organization and the Regulations of Conquest Development U.S.A., L.C. Conquest Development U.S.A., L.C. was validly formed and is currently in existence and active within the State of Florida. Conquest Development U.S.A., L.C. is currently authorized to do business within the State of Florida. The following are the names and title of persons authorized to execute instruments on behalf of Conquest Development U.S.A., L.C. in conjunction with the submission of the final subdivision plat to the Development Services Direction for approval by the Board of County Commissioners of Collier County, Florida: William E. Bridgett, U.S.A., L.C., and Manager, Conquest Development Wayne H. Henuset, Manager, Conquest Development U.S.A., L.C. Any one manager of Conquest Development U.S.A., L.C. shall have the right and power to bind Conquest Development U.S.A., L.C. 5. The subject real property is encumbered of record as follows, copies of which are attached hereto as Exhibit "C": QBNAP\203858 . 1 (a) A Security Agreement executed by Conquest Development U.S.A., L.C., a Florida limited liability company, in favor of Citizens Community Bank, dated December 24, 1996, and recorded January 6, 1997, in Official Records Book 2268, Pages 2159 through 2167, inclusive, of the Public Records of Collier County, Florida, attached hereto as Exhibit "C" (b) Assignment of Rents, executed by Conquest Development U.S.A., L.C., a Florida limited liability company, in favor of Citizens Community Bank, dated December 20, 1996, and recorded January 6, 1997, in Official Records Book 2268, Page 2168, of the Public Records of Collier County, Florida, attached hereto as Exhibit "C-i" 6. That certain real property referred to herein is subject to easements, restrictions and other matters as described on the Plat of Silver Lakes Phase Two-E, as recorded in Plat Book 31, Pages 45 to 47, of the Public Records of Collier County, Florida. 7. That certain DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SILVER LAKES RV RESORT & GOLF CLUB, dated December 30, 1992, and recorded December 31, 1992, in Official Records Book 784, Pages 1103 through 1145, inclusive, and First Amendment to Declaration of Covenants, Conditions and Restrictions for Silver Lakes RV Resort & Golf Club, recorded June 9, 1993, in O.R. Book 1834, Pages 0248 through 0250; Second Amendment recorded December 16, 1994, in O.R. Book 2011, Page 2320; Third Amendment recorded December 28, 1994, in O.R. Book 2014, Page 1993; Fourth Amendment recorded October 4, 1995, in O.R. Book 2105, Page 1170; Fifth Amendment recorded October 24, 1996, in O.R. Book 2112, Page 0612; Sixth Amendment recorded March 7, 1997, in O.R. Book 2292, Page 0778; Seventh Amendment recorded March 7, 1997, in O.R. Book 2292, Page 0781; and as subsequently amended of record, inclusive, all of the Public Records of Collier County, Florida, a copy of which is attached hereto as Exhibit "D" 8. Affiant further states that the information contained in this Affidavit is, to the best of his knowledge, true, correct and current as of the date this Affidavit of Title is given, except as otherwise provided herein. ~offhy G. ~ Florida Bar # 173711 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this ~X_ day of December, 1999, by Timothy G. Hains who is personally known to me and who did take an oath. (SEAL) ~.~.RY p~. OFFICIAL NOTARY SEAL PATRICIA LAMURE ~ ~ ~ CC794452 OF ~0 DEC. 2,2002 Name: Notary Public ~~ My Commission Expires: QBNAP\203858.1 EXHIBIT "A" lEGAL DESCP. IION A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 10 AND THE NORTHEAST QUARTER OF SECT/ON 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS.- BEGINNING AT THE SOUTHWEST CORNER OF S/LVER LAKES, PHASE TWO-E, A SUBDIVISION AS RECORDED IN PLA T BOOK Jl, PAGES 45 THROUGH 47 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA RUN N89'20'JT"W ALONG THE SOUTH LINE OF SAID SILVER LAKES, PHASE TWO-E FOR 269.04 FEET TO THE EAST LINE OF SILVER LAKES, PHASE TWO-D, A SUBDIVISION AS RECORDED IN PLA T BOOK 29, PAGE J4 AND J5 OF SAID PUBLIC RECORDS; THENCE RUN S00'38'59"W ALONG SAID EAST LINE FOR 110.00 FEET TO THE SOUTHEAST CORNER OF TRACT CRT OF SAID SILVER LAKES, PHASE TWO-D; THENCE RUN N89'20'J7"W ALONG THE SOUTH LINE OF SAID TRACT CR7 FOR A DISTANCE OF 1137.99 FEET TO THE EAST LINE OF SILVER LAKES, PHASE TWO-C, A SUBDIVISION AS RECORDED IN PLA T BOOK 27, PAGE 74 AND 75 OF SAID PUBLIC RECORDS; THENCE RUN S00'$9'23"W ALONG SAID EAST LINE FOR 130.97 FEET; THENCE RUN N89'20'37"W FOR 4.10 FEET; THENCE RUN S007,9'23"W FOR 89.00 FEET TO THE SOUTHEAST CORNER OF SAID SILVER LAKES, PHASE TWO-C; THENCE RUN S89'20'37"E ALONG A LINE 220 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 15 FOR A DISTANCE OF 1409.73 FEET TO THE EAST LINE OF SAID SECTION 15; THENCE RUN NOO'22'41"E ALONG SAID EAST LINE FOR 220.00 FEET TO THE NORTHEAST CORNER OF SAID SECTION 15; THENCE RUN NO1'56'J1"E ALONG THE EAST LINE OF SAID SECTION 10 FOR A DISTANCE OF 109.9g FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 7.78 ACRES MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. .. , 016 13 90 This instrument prepared bY OLLiER COUNTY /~ ~ DAVID C. SOURGEAU ~~~RSYTH, BRUGGER, REINA & BOURGEAU, P.A. 0 Fifth Avenue South, Suite 210 , ,~ ~----~aples, Florida 33940 I~/ .... . ~roperty Appraiser's Parcel Identification Number: 0074200009 and 0072640000 Grantee(s) S.S. #: 199Z .SEP.-8 PI{ 3: 16' RECORDED THIS INSTRUMENT WAS PREPARED WITHOUT THE BENEFIT OF LEGAL OPINION OR TITLE EXAMINATION WARRANTY DEED CD THIS WARRANTY DEED made thi~ 20th _day o~ 'August ~ 1992, by GEORGE T. DOWNEY and SANDRA G. DOWNEY, husband and wife, co hereinafter called the Grantors,! to CONQUEST DEVELOPMENT U.S.A., CD c L.C., a Florida Limited Liability Company, whos~..post office D~ c address is Post Office Box 758. Marco Island, FIorida 33989 ' hereinafter called the Grantee: WITNESSETH: That the Grantors, for and'in consid~ration of the sum of $10.00 and other valuable considerations, r~6ipt whereof is hereby acknowledged, hereby grant, bargain, sell, a~"~n, remise, release, convey and confirm unto the Grantee all tha~.':certain land situate in Collier County, State.of Florida, viz: See Exhibit "A" 'attached hereto and incorporated herein. SUBJECT to zoning, building code and other:.~estrictions imposed by governmental authbrity reservaT~ion of oil gas and mineral interests, ' .' , restrictions and easements of. record, and ad valorem real property tax~s accruing subsequent to December.31, 1991. SUBJECT ALSO to the following mortgages, which the Grantee hereby assumes and agrees to pay:. 1. Mortgage from R.~. Elliot Aronheim. a~d. Doran. L, Bouchard to Dr. A."E. Rhoden, dated August 8, 1988, and recorded August 17, 1988 in O.R. BOOk 1373, Page 971, Public Records of Collier County~ Florida, ~ . 2. Mortgage from George T. Downey and Sa~ra G. Downey to William E. Bridgett, Sandra L. Bridge~t and Wayne F. Henuset, dated~ December 8, 1988, ~nd recorded ~. December 14, 1988,1, in O.R. Book 140'0, Page 118, ~ Public Records ofiCollier County, F!0~da. TOGETHER, with all tenements; hereditaments and appurtenances thereto belonging or in anywise. ~ppertaining. '" TO HAVE AND TO HOLD, the same in fee simple f0rm~er. EXHIBIT B AND the Grantors hereby covenant with S~id G~antee that the Grantors are lawfully seized of said land in ~ee s~pie; that the Grantors have good right and lawful authori~y to s~mil and convey said land, and hereby warrant the title to said.i{iand and will defend the same against the lawful claims of':."all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1991. IN WITNESS WHEREOF, the said Grantors have sig3n~d and sealed :these presents the day and year'first above Witne~es: Witness #1 Signature Susan T. Roy Witness #1 Printed Name /~3oe%~ # 2 S~gnature hnR. Ku~l~r Witness ~rinted Name Wit~ess #1 Signature / Susan T. Roy Witness #1 Printed Name Wit/De'ss -#2~ Sign~ture ///' John R~.' KuEler,~ Witness 2~_~t ed Name GEORGE T. , .... Printed Name :".:.. P,O. Box 367 ,"" Wells~ ME 04090 :' Post Office Addr'gSS Printed Name :..... P.O. Box 367' . - Pos't office Address STATE OF MAINE COUNTY OF YORK ., The foregoing instrument was acknowledged befog6 me this 20th day of Au~us~ ,1992, by George T. Downey and san~a G. Downey, who are personally known ~o me qr.who have produced'~rlver'~ license as i~en=ification and did take an.~oath. ~ota~y Public Signature f Susan T., Roy ;. Notary Public Printed Name State of MAINE :","' at Large My commission expk~es: 1750 OR 800K EXHIBIT "A" 001,287 The property conveyed included both Parcel I and Parcel II. PARCEL I The North 220.0 feet of the North 1/2 of the North 1/2 of Section 15, Township 51 South, Range 26 East, lying east of State Road 951, Collier County, Florida, and The South 1/2 of the'South 1/2 of the Southwest 1/4 of Section 10, Township 51 South, Range 26 East, lying east of State Road 951, and the South 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 10, Township 51 South, Range 26 East, and the Southeast 1/4 of the Southeast 1/4 of Section 10, Township 51 South, Range 26 East, all in Collier County, Florida; . LESS AND EXCEPT that property described in that Deed recorded at O.R. Book 1272, Page 1189, Public Records of Collier County, Florida, conveying a parcel approximately .35 acres for the realighnment of SR 951. PARCEL II That portion of the North-half (N1/2) of the South-half (S1/2) of' the Southwest Quarter (sw1/4) lying east of State Road S-951, and the North-half (N1/2) of the Southwest Quarter (sw1/4) of the Southeast Quarter (SE1/4) of Section 1.0, Township 51 South, Range F6 East, Collier County, Florida; Less all that part of the North-half (N1/2) of the South-half (S1/2) of the Southwest Quarter (SWl/4) of Section 10,. Township 51 South, Range 26 East, lying east of State Road S-951, lying 100 feet left and 100 feet right of the following described centerline: From the Southwest corner of Section 15, Township 51'South, Range 26 East, Collier County, Florida, run S 88' 58' 22" E along the South line of the Southwest Quarter (SW 1/4) of said Section 15 for 1138.93 feet to the centerline of construction of State. Road S- 951 (200 feet wide) at Station 294 + 04.46 and the Point of Beginning. From said Point of Beginning run N 02' 28' 03" parallel with and 33 feet Westerly from the centerline of Stake Road S-951 (100 feet wide) for 15,452.33 feet to Station 448 + 56.79 at the centerline of U.S. 41 and the end of the herein described ceoterline. Bearings are Plane Coordinate for the Florid~ East Zone. I 2135017 OR: 2268 PG: 2159 OB~ I00000.00 OBLZ 800000.00 ~C ~1 42.00 ~-.35 2800.00 ~-.002 liO0.O0 le~: This instrument prepared by: Jamie B. Greusel I! 04 North Collier Blvd. Marco Island, FL 34145 THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL BALANCE DUE UPON MATURITY IS $800,000.00 TOGETHER WITH ACCRUED INTEREST, IF ANY. AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. SECURITY AGREEMENT CONQUEST DEVELOPMENT, U.S.A., LC, a Florida limited liability company, the MORTGAGOR, in consideration of the principal sum of Eight hundred thousand dollars ($800,000.00) plus interest accruing and payable thereon under as evidenced by that certain promissory note dated of even date herewith and by reference being a part hereof to the same extent as though set forth in full herein, from CITIZENS COMMUNITY BANK, the MORTGAGEE, hereby, on this 24th day of December, 1996, mortgages to and encumbers in favor of MORTGAGEE the real property in Collier County. Florida, described as follows: SEE EXHIBIT A. ATTACHED HERETO AND INCORPORATED HEREIN. FOR LEGAL DESCRIPTION (hereinafter referred to as the Mortgaged Premises or Property) ' Together with any and all awards heretofore and hereafter made to the present and all subsequent owners of the mortgaged premises by any governmental or other lawful authorities tbr taking or damaging by eminent domain the whole or any part of the mortgaged premises or any easement therein, including any awards tbr any changes for grade of streets, together v,,ith all right, title and interest of MORTGAGOR or MORTGAGOR'S successors in title, if any. in and to any land lying in the bed Ofany stre.t, road, avenue, alley or other right ofway adjoining this real property, together with all fixtures serving the mortgaged property, and all replacements and security deposits. The MORTGAGOR covenants xvith the MORTGAGEE ti'sat the MORTGAGOR is indefeasibly seized of thc Mortgaged Property in fee simple, have the full power and lawful right to mortgage and encumber the same, and that the Mortgaged Property is free from all encumbrances. MORTGAGOR docs hereby warrant the title to the mortgaged property and will warranl and defend the same against the lawful claims of all persons whomsoever: MORTGAGOR does further warrant that this is not the homestead property ot' MORTGAGOR nor is it contiguous to MORTGAGOR'S homestead. EXHBIIT C , II OR: 2268 ?G: 2160 And the MORTGAGOR further agrees as follows: 1. To make all paymenls required by that note and any renewal or extension thereof and this mortgage promptly when due without set-off, recoupment or deduction, and to perform all the promises and agreement.,; contained in that note, said payments to be made at MORTGAGEE'S principal place of business or at any such other place as MORTGAGEE designates in writing. 2. To pay all taxes, assessments, liens and encumbrances on the Mortgaged Property promptly when due, and to furnish lender with proofofpayment in each instance. If they are not promptly oaid the MORTGAGEE may pay them without waiving the option to foreclose, and such payments, with interest thereon from the date of payment at 18 % per year, shall also be secured by this Mortgage. 3. Ifrequired by MOR-TGAGEE, to pay MORTGAGEE, together with and in addition to the interest and principal, a sum equal to one-twelfth of the yearly taxes and assessments which may be levied against the premises, and, if so required, one-twelfth of the yearly premiums for insurance thereon. The amount of such taxes, assessments, and premiums. ,,,,'hen unknown, shall be estimated by MORTGAGEE. Such deposits shall be used by MORTGAGEE to pay such taxes, assessments and premiums when due. An>' insufficiency of such account to pay such charges when due shall be paid by MORTGAGOR to MORTGAGEE on demand. 4. To keep all buildings and improvements now or thereafter on the Mortgaged Property insured against damage by flood, windstorm, fire, and lightning in the sum secured by this mortgage by an insurer satisfactory to the MORTGAGEE and the insurance policy or a Certificate thereof acceptable to MORTGAGEE is to be held by and payable to the MORTGAGEE. If the MORTGAGOR shall not do so, the MORTGAGEE may do so without waiving the option to foreclose, and the cost thereof, with interest thereon from' the date of and the cost thereof, with interest thereon from the date of payment of 18% per year, shall also be secured by this morlgage. If any sum becomes payable under such policy, the MORTGAGEE may apply it to the indebtedness secured by this mortgage, or in MORTGAGEE'S absolute discretion may permit the MORTGAGOR to use it for other purposes, without impairing the lien of this mortgage. 5. To commit, permit, or suffer no waste, impairment, or deterioration of the Mortgaged Property: to maintain the premises in good condition and repair, including, but not limited to. making ofsuch repairs as MORTGAGEE may from time to time determine to be necessary for the preservation of the premises. 6. To pay all expenses reasonably incurred by the MORTGAGEE because of failure of the MORTGAGOR to comply with the agreements in that note or this mortgage, and to protect MORTGAGEE'S rights in any li_tigation, condemnation, estate or bankruptcy proceeding. OR: 2268 PG: 2161 including reasonable attorney's fees. The cost thereof, with interest thereon from this date of payment at 18% per year, shall be also be secured by this mortgage. 7, Ifany payment provided for in that note is not paid within fifteen (15) days after it becomes due, or if any agreement in this mortgage other than the agreement to make the payments is breached for a period of thirty (30) days, the entire unpaid principal balance of that note, not including unearned interest, shall immediately become due at the option of the MORTGAGEE, and the MORTGAGEE may foreclose this mortgage in the manner provided by law, and have the mortgaged property sold to satisfy or apply on the indebtedness hereby secured. 8. Ail present and future rents and profits of the mortgaged property are hereby assigned to MORTGAGEE. Notwithstanding that this instruments is a present assignment of said rents and profits, it is understood and agreed that the MORTGAGOR has permission to collect the same as ifthis assigfi'ment had not been given, ifand so long only as the MORTGAGOR shall not be in any default whatever with respect to the payments of principal and/or interest due on this loan, or in the performance of any other obligation on the part of MORTGAGOR to be performed thereunder, but this permission terminates automatically on the occurrence of default or breach ofcovenant. The MORTGAGEE shall be responsible only fbr rents collected and rents may be applied to the mortgage debt. 9. Any rents and profits of the Mortgaged Property not hereby assigned are also hereby mortgaged, and if proceedings to foreclose this mortgage shall be instituted, the court having jurisdiction thereof should appoint a receiver of the mortgaged property, and apply those rents and profits to the indebtedness hereby secured, regardless of the solvency of the MORTGAGOR or the adequacy of the security. ,10. Any rents and profits of the Mortgaged Property not hereby assigned are also hereby mortgaged, and if proceedings to tbreclose this mortgage shall be instituted, the court having jurisdiction thereof should appoint a receiver of the Mortgaged Property. and apply those rents and profits to the indebtedness hereby secured, regardless of the solvency of the MORTGAGOR or the adequacy of the security. I I. To obtain written consent of MORTGAGEE, said consent to be granted or withheld at the sole discretion of MORTGAGEE, prior to removing or demolishing an)' building, structure, or any improvement on the property, nov., or hereafter existing, or otherwise altering tile arrangement, design, or structural character of any building. 12. To obtain tile prior written consent of MORTGAGEE prior to assigning. transferring, or contracting to sell MORTGAGOR'S fee simple interest or estate in and to the property, or otherwise leasing or'selling all or any portion of the property or creating or suffering any additional mortgages, liens, or enctunbrances on tile property. OR: 2268 PG: 2162 13. No delay by MORTGAGEE in exercising any right, or remedy hereunder, or othenvise afforded by law, shall operate as a waiver thereof or prelude the exercise thereof during the continuance ofany default thereunder. No waiver by MORTGAGEE ofany default shall constitute a waiver of or consent to subsequent defaults. No failure of MORTGAGEE to exercise any option herein given to accelerate maturity of the debt hereby secured, no forbearance by MORTGAGEE betbre or after the exercise of such options and no withdrawal or abandonment of foreclosure proceedings by MORTGAGEE shall be taken or construed as a waiver of its right to exercise such option or to accelerate maturity oflhe debt hereby secured by reason of a past. present, or future default on the part of MORTGAGOR. 14. The filing by or against MORTGAGOR or any guarantor ofpayme, nt of the indebtedness evidenced by said promissory note and secured by this mortgage, or a petition in bankruptcy, or the insolvency of MORTGAGOR or any guarantor, or the making by MORTGAGOR or any guarantor of an assignment of the benefit ofcreditors, of the filing ora petition for relief under the bank?uptcy laws, or the appointment ora receiver ora trustees for MORTGAGOR or the property encumbered hereby shall constitute a default hereunder which shall authorize the holder hereof, at its option, to immediately accelerate maturity' of all indebtedness secured hereby and exercise all remedies available to it hereunder. 15. MORTGAGOR hereby represents and warrants to the best of its knowledge and belief that the location, operation and use of the property does not violate any applicable la`.v. statute, ordinance, rule, regulation, order or determination of any governmental authority or any restrictive covenant or deed restriction, zoning ordinance, or building code. 16. MORTGAGOR hereby represents and warrants to the best of its knowledge and beliefthat the MORTGAGOR is not in violation ofor subject to any existing, pending, or threatened investigation or inquiry by and governmental authority or to any remedial obligations under any applicable regulations pertaining to health or the environment, including. without limitation, the Comprehensive Environmental Response. Compensation. and Liability Act of 1980, as amended, and the Resource Conservation and Recover), Act of 1976. 17. The covenants, warranties, and agreements contained herein shall bind and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. 18. MORTGAGEE. at its option, after giving notice to MORTGAGOR, may pa,,,' an,. claim, lien, encumbrance, tax, assessment, and any amount so paid shall be added to the principal indebtedness due under the Note. 19. This Mortgage shall be construed in accordance with the laws of the State of Florida. 20. MORTGAGOR shall pay or reimburse MORTGAGEE for all reasonable attorney's fees. costs, and expenses incurred by MORTGAGEE in any action, proceeding, or dispute of any kind in which the MORTGAGEE is made a part)', or appears as a party, affecting the Note. OR: 2268 ?G: 2163 'Mortgage, MORTGAGEE, or Mortgaged Property, including, but not limited to, the foreclosure of this mortgage, and condemnation action involving the Mortgaged Property, or any action to protect the security hereon. 2 I. Ifall or any part ofthe property or an interest therein is sold or transferred by MORTGAGOR without MORTGAGEE's prior written consent, including the creation of a lien or encumbrance subordinate to the Mortgage, but excluding (a) the creation ora purchase money security interest for household appliances, (b) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (c) the grant of any leasehold interest, of three years or less not containing an option to purchase, MORTGAGEE may, at MORTGAGEE'S option, declare all the sums secured by this Mortgage to be immediately due and payable. MORTGAGEE shall have waived such obtain to accelerate if, prior to the sale or transfer, MORTGAGEE and the person to whom the properly is to be sold or transferred reach agreement in writing that the credit ofsuch person is satisfactory to MORTGAGEE and that the interest payable on tile sums secured by this MORTGAGEE shall be at such rate as MORTGAGEE shall request. 22. All remedies provided in this mortgage are distinct and cumulative to any other right or remedy under this morlgage or afforded by law or equity and may be exercised concurrently, independently or successively. 23. MORTGAGEE shall g;ve notice to MORTGAGOR prior to acceleration following MORTGAGOR'S breach o£any covenant or agreement in this Security Agreement. The notice shall specify the default, the action required to cure the default, a date not less than 30 days frown the date the notice is given to MORTGAGOR by which the default must be cured (except in the case of failure to carry insurance, in which event the time to cure shall be five business days) and that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Agreement, including foreclosure by judicial proceeding and sale of the property. If the default is not cured on or before the dated specified in the notice, MORTGAGEE, at its option, may require immediate payment in full of all sums secured by this Security Agreement xvithout further demand and may foreclose this Security Agreement. 24. MORTGAGOR shall pay all costs ofreleasing this Security Agreement. TIllS IS A BALLOON MOR'FGAGE AND 'DIE FINAL PRINCIPAL PAYMENT OR TIlE PRINCIPAL BALANCE DUE UPON MATURITY IS $800,000.00 TOGETHER WITH ACCRUED INTEREST. IF ANY: AND ALL ADVANCEMENTS MADE BY TIlE MOR'I"GAGFE UNDER T}IE TERMS OF THIS MORTGAGE. In witness whereof, tile said MORTGAGOR has executed OR: 2268 PG: 2164 and signed this mortgage the day and year first above wriHcn. '-/Witness # I CONQUEST DEVELOPMENT. U,S.A., LC a Florida limited liability company WAYNE H. HENUSET. as manager .~EAL) Witness#2 / The aforesaid instrument was acknowledged ~fore me on this ~-.~ day of em~r, 1996 by Wa~e H. Henuset, as manager of Conquest ~velopment, U.S.A., LC. a ida limited liability company, who is ~rsonaIly known to me ~~d . (~ of identification) ~ identification. Print Name: ' LISA J. CONQUEST DEVELOPMENT, U.S.A., LC ~/iff~e:isS~ ' WI LLIA~ E. BRI D~s -manager ~Witn~'s #I - 6 OR: 2268 PG: 2165 STATE OF ~~ /~, i COUNTY 0~' //~)X~J_/~_.// The aforesaid instrument was acknowledged before mc on this ~day of December, 1996 by William E. Bridgett, as manager ofConquest Developr~ent. U.S.A., LC. a ~_~Florida i~[tett:l,~i, ability, company, who is personally known to me or who has produced (SEAL) My Commission Expires: OR: 2268 ?G: 2166 EXHIBIT A LEGAL DESCRIPTION FOR SILVER LAKES AS OF 12/21/96 THE NORTH 220.00 FEET OF THE NORTH 1/2 OF THE NORTH 1/2 OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, LYING EAST OF STATE ROAD 951, COLLIER COUNTY, FLORIDA, AND THE SOUTH 1/2 OF THE SOUTH I/2 OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 51, SOUTH RANGE 26 EAST, LYING EAST OF STATE ROAD 951 AND THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST AND THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION I0, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPTING THE FOLLO WING DESCRIBED_ PR OPER TY: THAT WARRANTY DEED TRANSFERRING THE SEWER FACILITIES FOR SILVER LAKES PHASE TWO -B AS CONVEYED ON THAT WARRANTY DEED RECORDED IN O.R. BOOK 2255 PAGE 2074 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND LOTS I THROUGH 32, BLOCK 3, SIVER LAKES PHASE ONE ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 20, PAGES 91 AND 92 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND LOTS 76 THROUGH 127, BLOCK 2 SILVER LAKES PHASE ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGES 91 AND 92 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND PAGE I OF 2 PAGES OF TillS I. EGAL DESCRIPTION *** OR: 2268 ?G: 2167 *** AND LOTS 4, 14,15,16,17,18, 19, 22,23,24,25 OF BLOCK I AND LOTS 1,2, 7,8,9,10,11,12,13,14,15,16,17,18,19, 21,22,23,24, 25,26,27,28,29,30,31,32,33,34, 128, 129, 130, AND 131 OF BLOCK 2, ALL IN SILVER LAKES PHASE IIA, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, PAGES 54 & 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND LOTS 46, 47, 49, 50, 55, 56,57,58,59,60,61,62, 63, 64, 69, 72, 73 OF BLOCK 2, AND LOTS 40, 41, 45 , 46, 47, 48, 49, & 50 OF'BLOCK 3, SILVER LAKES PHASE II B, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 25, PAGES 69 & 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PAGE 2 OF 2 PAGES 2135018 ISLAIO TI'I'Ll ~AU, JIT! AGIIICT ! EICOIIDIO il~ t. be OR: 2268 PG: 2168 "~COID~ Of COLLIII COUlee, ASSIGNMENT OF RENTS THIS ASSIGNMENT OF RENTS is dated this >,'c' day of J~'c"'- . 1996 between CONQUEST DEVELOPMENT U.S.A., LC, a Florida limited liability company. WAYNE H. HENUSET and WILLIAM E. BRIDGEI-I', whose address is l.(-~ , ~_t. ~ ,,.~ Z ,.xlaz ( "L'~),.~ ; _.L,~/~,t t.~ .(referred to as "Grantor") and CITIZENS COMMUNITY BANK. whose address is P.O. Box 1999, Marco Island, FL 34 t 46 (referred to as "Lender"). For good and valuable consideration, the receipt of which is acknowledged. GRANTOR assigns to LENDER all of Grantor's right, title and interest in and to the rents from the following described real property located in Collier County. Florida: SEE EXHIBIT "A" AFl'ACHED HERETO AND INCORPORATED HEREIN BY REFERENCE This Assignment is given to secure (1) payment of the indebtedness and (2) performance of any and all obligations of Grantor under lhe Note, this assignment and related documents. The terms and conditions of this assignment are as follows: 1. PAYMENT/PERFORMANCE: Except as otherwise provided for herein, Grantor shall pay Io Lender all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations hereunder. Unless and until Lender exercises its right to collect rents as provided below and so long as there is no default under this Assignment, Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided lhe granting of lhe r~ight to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. For the purposes of this Agreement, "Rents" shall be defined as ail rents. revenues, incomes, issues, profits and proceeds from the Property, whether due now or later, including, without limitation, any leases. For the purposes of this Agreement, "Property" means the real property described in Exhibit A referred to above. 2. REPRESENTATIONS AND WARRANTIES. Grantor warrants that Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and claims; has the fL'Il power, right, and authorily to enter into this Assignmer'.t and to assign and convey the Rents to Lender; Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force; Grantor will hal sell, assign, transfer, encumber, or olherwise dispose to any of Granlor's rights in the Rents except as provided in this Assignmenl. EXHIBIT C-1 OR: 2268 PG: 2169 3. LENDER'S RIGHT TO COLLECT RENTS. Lender shall have the right at any time, and even though no default shall have occurred under this Assignment, to collect and receive the Rents. In con]unction therewith, Lender is hereby given the following rights, powers and authority: a. to send notices to any tenants advising them of lhis Assignment and directing all Rents to be paid directly to the Lender; b. to enter upon and take possession of the Property and demand, collect, and receive from the tenants for any other person liable therefor, all of the Rents; c. institute legal proceedings necessary for the protection of the Property including without limitation proceedings to recover possession of the Property. collect Rents and remove tenants: d. enter upon the Property to maintain the Property and keep it in repair: to pay the costs therefore and services of employees; and all costs of maintaining the property including without limitation taxes, assessments, water utilities and insurance premiums; e. rent or lease the whole or any part of the Property on such conditions as the Lender may deem appropriate: f. engage such agents as the Lender may deem appropriate g. do all such other things and acts with respect to the Property as the Lender may deem appropriate and may act exclusively and solely in the place and stead of Grantor and to have all al~ the powers of Grantor for the purposes stated above. 4. APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for Grantor's account and Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall determine the application of any Rents received by it; any such Rents which are not applied to such costs and expenses shall be applied to the indebtedness of Grantor to Lender. All expenditures made by Lender under this Assignment and not reimbursed from the Rents shall become a part of the indebtedness secured by this Agreement and shall be payable on demand, with interest at the Note rate from the date of expenditure until paid. 5. DEI'AULT. The following shall be deemed a material default under this Assignment: OR: 2268 PG: 2170 a. default in the Note which is secured by this Assignment libor certain Note in the original princiDal amount of $800,000.00 dated December 20, 1996 between the parties hereto, which is incorporated herein Dy reference); b. failure to comply with any term or condition of this Agreement or related documents; c. any false representation or warranty furnished to Lender by or on behalf of Grantor: d. commencement of foreclosure proceedings of any nature, by any creditor of Grantor against the Property. 6. RIGHTS AND REMEDIES UPON DEFAULT: Upon any default, Lender may exercise any one or more of the following rights and remedies, in addition to any rights and remedies provided by law: a. accelerate without notice to Grantor the entire indebtedness immediately due and payable: b. take possession of the prOperty and collect the Rents: Grantor irrevocably designates Lender its attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds; c. appoint a Receiver 7. ATTORNEY'S FEES: Lender shall be entitled to collect reasonable altorney's fees and court costs incurred in enforcing the terms and conditions Of this agreement, including fees incurred on appeal. 8. MISCELLANEOUS.-_ This instrument shall be construed in accordance with the laws of the State of Florida. Grantor shall not enter into any agreement with the holder of any mortgage or other security agreement which has priority over this agreement. This Agreement shall be binding on the successors and/or assigns of the parties. Time is of the essence of all requirements of Grantor hereunder. A waiver by any party of a provision of this Assignment shall not constitute a waiver of or prejudice the party's right otherwise fo demand strict performance hereof. No prior waiver by Lender nor course of dealing shall constitute a waiver of any of Lender's rights,hereunder. This Assignment, together with any related documenls, cons,itutes the entire understanding and agreement of the parties as to the matters set forth herein and supersedes all other prior understandings and/or correspondence with respect to the subject mailer hereof. Should a court fired any provision o[ this Agreement to be invalid or unenforceable as to any person or circumslance, said finding shall not render that provision invalid or unenforceable os to any olherperson or circumstance. OR: 2268 PG: 2171 GRANTOR ACKNOWLEDGED HAVING READ THE FOREGOING PROVISIONS OF THIS ASSIGNMENT OF RENTS AND AGREES TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. Witnesses: Grantor: witness #2 as to all STATE OF/~_ . / COUNTY OF'~ Conquest Development U.S.A., LC a Florida limited liability company By: William E, as manager L//_ - : ,..~ '. ~.: _..~..~' Wayne H. Henuset, individually and as manager TJ:~ for.,egoing ipstrument was acknowledged before me on this day of /~'.~~i~_/(~_,,~t.9. 96 by William E. Br[dgett individually and a~' manage'7'of Conquest Development U.S.A., UC.. a Florida limited liability company, who is personally known to me or who provided Jtype of identificationI as identific, c~on, -... .... ~y commission ex~ces: C©UNT-YOF ' , ' . The,foregoing instrun)erff-Qas acknowledged before me on th s day of ' · ' ' · · -, ~, -' :..-'. : IL,~ 996 by Wayne H. Henuset, ~nd~vidually and as managerr of Conquest Development U.S.A., L.C., a Florida limited liability company, who is personally known td f~e 'or. who provided "'.. Itype of identification) as identification. t'/~~t ary Publi~' ' Nome: OR: ~TATE OF: /'L"i~ ~',~ ~ t untry of Canad'a NOTARY 'ACKNOWLEDGFIENT FOR WAYNE H. f=~o~g ~st~nt as ac~l~g~ ~for~ .~ t~S .~a~ of "E~b~i' ~996 ~, to ~ ~ to ~ the ~rson oe~r~ In ~o ~=~ =he for~o~g instant ~d ~ho pr~uc~ (t~ of [~=~fica=ion), .~l~g~ ~fore ~ that =hey ex~t~ the ~d w~ did/dl~. ~it~ ~ oath. ~S ~ h~,~. ~d officia~seal in the ~unty ~d State '~ ~y of ~ ~;, ~..(.~ .~ , A.D. sforesaid this ~ . . .. .,...~ , print n~: ~,~.~ t title: serial J, if ~y: ........... ~ 2268 PG: OR: 2268 PG: 2173 EXtlIBIT A LEGAL DESCRIPTION FOR SILVER LAKES AS OF 12/21/96 THE NORTH 220.00 FEET OF THE NORTH 1/2 OF THE NORTH 1/2 OF SECTION 15, TOWNSHIP 51 SOUTH, RANGE 26 EAST, LYING EAST OF STATE ROAD 951, COLI. IER COUNTY, FLORIDA, AND THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST I/4 OF SECTION 10, TOWNSHIP 51, SOUTH RANGE 26 EAST, LYING EAST OF STATE ROAD 951 AND THE SOUTH I/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST AND THE SOUTHEAST 1/4 OF THE SOUTHEAST I/4 OF SECTION I0, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPTING THE FOLLO$VING DESCRIBED P_R_O_~ E R T Y: TIIAT WARRANTY DEED TRANSFERRING THE SEWER FACILITIES FOR SILVER LAKES PHASE TWO -B AS CONVEYED ON THAT WARRANTY DEED RECORDED IN O.R. BOOK 2255 PAGE 2074 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND LOTS I'THROUGH 32, BLOCK 3, SIVER LAKES PHASE ONE ACCORDING TO THE PLAT RECORDED 1N PLAT BOOK 20, PAGES 91 AND 92 IN TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND LOTS 76 THROUGtl 127, BLOCK 2 SILVER LAKES PHASE ONE, ACCORDING TO TIlE PLAT TItEREOF RECORDED IN PLAT BOOK 20, PAGES 91 AND 92 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND PAGE I OF 2 PA(;ES OF 'FillS I.E(;AI, DES(,RIPTION *** OR: 2268 PG: 2174 *** AND LOTS 4, 14,15,16,17,18, 19, 22,23,24,25 OF BLOCK I AND LOTS 1,2, 7,8,9,10, I1,12,13,14,15,16,17,18,19, 21,22,23,24, 25,26,27,28,29,30,31,32,33,34, 128, 129, 130, AND 131 OF BLOCK 2, ALL IN SILVER LAKES PHASE IIA, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, PAGES 54 & 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND LOTS 46, 47, 49, 50, 55, 56,57,58,59,60,61,62, 63, 64, 69, 72, 73 'OF BLOCK 2, AND LOTS 40, 41, 45 , 46, 47, 48, 49, & 50 OF BLOCK 3, SILVER LAKES PHASE II B, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS'RECORDED IN PLAT BOOK 25, PAGES 69 & 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PAGE 2 OF 2 PAGES COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 February 18, 2000 Mr. Shane Parker, E.I. McAnly Engineering 5435 Park Central Court Naples, FL. 34109 Re: Silver Lakes Phase Two-F Dear Mr. Parker: This is to inform you that the above referenced project has been granted preliminary approval by Engineering Review in compliance with Collier County Land Development Code, Section 3.2.6.5.2. All water and sewer facilities approved and accepted and required to be maintained by Collier County shall be conveyed to the County pursuant to the provisions set forth in Collier County Ordinance No. 97-17, as amended. You are reminded that it is your responsibility to petition the Development Services Director for final approval of the improvements upon the expiration of the minimum one (1) year maintenance period. After satisfactory completion of all final inspections, the Board of County Commissioners shall adopt a resolution giving final approval of the required improvements, acknowledging the dedication(s) of the final subdivision plat and establishing County responsibility for maintenance of the required improvements if it is the Board's desire to accept and maintain the facilities. If you should have any questions or if we may be of assistance, please advise. Very ~uly yours, John R. Houldsworth Senior Engineer cc: Shirley Nix Phone (941) 403-2400 Fax (941) 643-6968 www. co.collier, fl.us COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION February 18, 2000 Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Mr. Shane Parker McAnly Engineering 5435 Park Central Court Naples, FL 34109 Re: Silver Lakes, Phase 2-F Dear Shane: 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 Ngy~" Engineering Technician II CC: Joe Cheatham, Wastewater Director Diane Deoss. Public Works John Houldsworth, Engineering Review Phone (941) 403-2400 Fax (941) 643-6968 www. co.collier, fl.us McANLY ENGINEERING AND DESIGN INC. ENGINEERING PLANNING LAND SURVEYING LANDSCAPEARCHITECTURE December 8,1999 Collier County Planning Services Engineering Review Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: Silver Lakes RV Resort, Phase Two-F To Whom It May Concern: I hereby certify that the Owners of Silver Lakes have paid in full the engineering and surveying fees submitted to them by our firm. Should additional information be required please contact me at your earliest convenience. With Ben, Regards, ~~~~NG AND DESIGN, INC. William C. McAnly, P.E., P.S.M. c:~moffice\~ksilvefla~ced~ d2. itt 5435 PARK CENTRAL COURT, NAPLES, FLORIDA 34109 MAILING ADDRESS: P.O. BOX 11717, NAPLES, FLORIDA 34101-1717 (941) 593-3299 FAX (941) 593-3298 McANLY ENGINEERING AND DESIGN INC. ENGINEERING PLANNING LAND SURVEYING LANDSCAPE ARCHITECTURE HYDROSTATIC TESTING Project: Silver Lakes RV & Golf Resort, Phase Two-F Project Number: 88776.2 Date of Test: 11-11-99 Test Pressure: 155 psi ThosePrcscnt: R. Shane Parker, MeAnly Engineerinq & Mike - Florida State Underground Design, Inc. DescdptionofLineTested: 1510 LF of 8" Water Main CALCULATION OF ALLOWABLE LEAKAGE PER ONE HOUR: (Length of pipe) x (diameter of pipe) x SQR(test pressure) / 133200 ( 1510 f~)x( 8 in) x SQR ( 155 ( ft) x ( in) x SQR ( RESULTS OF TEST: Length of Test 2 Pressure at Beginning of test: Pressure at End of test: Amount of water require to bring pressure up to beginning pressure: Test meets project specifications: MeAnly Engineering & Design, Inc. psi) / 133200 = psi) / 133200 = Total = 1.13 1.13 gal gal gal Allowable Leakage 2.2 6 gal 1 5 5 psi 1 5 0 psi 1.0 gal X YES NO Date 5435 PARK CENTRAL COURT1 NAPLES, FLORIDA 34109 MAILING ADDRESS: P.O. BOX 11717, NAPLES, FLORIDA 34101-1717 (941) 593-3299 FAX (941) 593-3298 /. ~---~,--~'~ [:lorida Departme)zt of Environmental lleilulation' I ~, ?.$1: ...... ~f~ / . . . Domestic Wastewater Oo~e-otlon/Iransrn~ss~on Systems "~Certification of Completion of Construction INSTRUCTIONS: This fOrm is Io be completed and.submitted to the Department, prior to placing the system Into operation. A collec- bun/transmission system should not be placed into operation without prior Department approval. AJI inlormat~bn is to be' typed or prioted in ink and all blanks must be filled. Construclion Permil No.: 52258-049-DWC Dated: May 18, 1999 Name of Project: Silver Lakes RV and Golf Resort, Phase 2-F Name d Owner: Conquest Development. U.S.A., L.C. Name of design engineer and Florida registration number (if different [rom engineer signing certification): Oa~e(s) ol connection to existing system or treatment plant: May 1999 Treatment plant serving project ' Name: Collier Couty/SouthReqional WWTP County: Collier City: Na¢les DER identification number (also known as GMS identification number): Substantial deviations from the approved plans and specifications (attach additional No substantial deviations to approved sewer beinq encased in 6" of concrete for than 8" qravit¥ ' station +/-48 + 56. JAN ~ 6 2000 D~]~? 8outh ..o-.~,_..,,.,,,,Otst. Mc.t~ 02-02-2000 06:0dPM FROM MEANLY ENGINEERING ~ DESI TO 6d3 6968 P. 02 ,mid, C'OW(}~ ~)EV~.OPMENT P. 02 02-02-2000 06:05PM FROM MEANLY ENGINEERING & DESI TO 643 6968 P.03 L !otrr. ~ WA~ [ ~cr.l'lrU'xc~:rlo~je~tt, BACTifi2tl~I~CAL ANAL,YSIS .... /°~"~ / , ~ 'roBi=~'Ln'r~o~Ycx:x.L.n~o~o~e~'~"'L~ Il-,' ,,, ,, ,~.BCX:.dPLETEDBY~' "i ,,... ,,..,.,_,.,., .. [,."l~..ll I<~_: ! .._ ,~ ...- ~- . , ~,- .... ' Ftesu~ in this column P. 02=02-2000 06: 05PM FROM McANLY ENGINEERING & DESI TO 643 6968 P. 04 ~ T~ T~ ~_ p~ ~~. ~ 33953 Z P. 0,4 TOTAL P.04 FLORIDA STATE UNDERGROUND, INC. CONTRACTOR'S CERTIFIED LIST OF INSTALLED MATERIALS & COSTS SYSTEM NAME: SILVER LAKES R.V. & GOLF RESORT PHASE 2-F DATE: DECEMBER 8, 1999 THIS IS A: WATER SYSTEM SEWER SYSTI-~\I X ITEM DESCRIPTION SIZE QUANTITY UNIT COST TOTAL COST PVC SDR35 0-6 8" 640 LF 14.54 9,307.65 PVC SDR35 6-8 8" 278 LF 16.50 4,587.89 PVC SDR35 8-10 8" 40 LF 23.11 924.73 MANHOLE 0-6 2 EA 1,120.11 2,240.22 MANHOLE 6-8 1 EA 1,736.02 1,736.02 SEWER LATERALS 6" 52 EA 315.81 16,421.86 TOTAL 35,218.37 I DO HEREBY CERTIFY THE ABOVE DESCRIBED LIST OF MATERIALS, QUANTITIES OFMATERIALS, KINDS OF MATERIALS, INCLUDING INSTALLATION AND ALL COSTS AS INSTALLED, TO BE COMPLETE, TRUE AND ACCURATE AS PER FINAL PAY ESTIMATE AND/OR ALL INVOICES OR STATEMENTS OF (BY O~ROM) THIS CERTIFYING CONTRACTOR AND AS PER THE PROJECT AND/OR DESIGN ENGINEERS CERf, fF/It'ED RECORD DRAWINGSOFTHISSYSTEMASDESCRIBEDBYNAMESHOWN, ASOFTHISDATE. PERSONALLY KNOWN, SWORN TO CERTIFYING: McANLY ENGINEERING AND DESIGN INC. PLANNING LAND SURVEYING LANDSCAPE ARCHITECTURE December 9, 1999 Mr. Thomas E. Kuck, P.E. Project Plan Review Manager 2800 North Horseshoe Drive Naples, Florida 34112 Re: Collier County Wastewater Treatment Plant - South Area Silver Lakes RV & Golf Resort, Phase Two-F Dear Mr. Kuck: The purpose of this letter is to certit~, that all sewer facilities for the above referenced project are located within the Private Right-of-Way or utility easements which are dedicated Collier County Utility Easements. All improvements are constructed in accordance with the approved construction plans and specifications. William C. McAnly, P.E. Senior Project Engineer 5435 PARK CENTRAL COURT, NAPLES, FLORIDA 34109 MAILING ADDRESS: P.O. BOX 11717, NAPLES, FLORIDA 34101-1717 (941) 593-3299 FAX (941) 593-3298 December 8, 1999 Board of Collier County Commissioners 3301 Tamiami Trail East Naples, FL. 34112 SEWER DISTRIBUTION SYSTEM SILVER LAKES R.V. & GOLF RESORT- PHASE 2-F Sections 10 & 15, Township 51 South, Kange 26 East Collier County, Florida. Commissioners: This letter is to certify the completion of the SEWER DISTRIBUTION SYSTEM located within the above referenced property. Florida State Underground, Inc. furnishes at least a one (1) year guarantee of material and workmanship on the system, upon acceptance by the Collier, County Board of Commissioners. Thomas,~cKimm~J PresidEnt TPM/mkm 73 COMMERICAL BOULEVARD · NAPLES, FLORIDA 34104 · 643-6449 · FAX: 643-6891 FROM McANLY ENGINEERING & DESI TO COLLIER CO PPR P.02 EAST NAPLES FIRE PREVENTION BUREAU 4977 East Tamtami Trail Naples, Florida 34112 TO: TED BRIDGE/T, SILVER LAKES FROM: JUDY THACKER, FIRE MARSHAL RE! DATE: ' · HYDRANT OWNERSHIP,!AND MAINTENANCE FEBRUARY 16, 2000 Dear Mr. Bridge~: The East Naples Fire Control and Rescue District agrees to accept ownership and maintenance of the hydrants lOcated at: SILVER LAKES BETWEEN: #5064 & FPL EASEMENT; #5052 & #5053; AND #5038 & #5039 (3 HYDRANTS) This ownership and maintenance agreement shall not in ,any way be construed to ' .a, lle. viate the owners, developer, s, contractors, etc.., from a~y liability for damasks mat may occur sur>sequent to Mis agreement as a result of faulty eouinment, ! installation and/or damage by construction vehicles. Furthermor~} t~ water 'I supply to these hydrants shall not be disconnected at anyi time hereafter without notifying the East Naples Fire Department. ShouId you have any questions, please contact me at 774-'2800. · !o ~jen~~ohfaej629., Ck #11676 received February 14~ 2000 ,$35.00 flow). was applied to fire PH: (941} 774-2800 FAX: (941) 774-3116 02-17-2000 02:33PM FROM McANLY ENGINEERING & DESI TO COLLIER CO PPR P.03 East Naples Fire Control and R~scue District FIRE HYDRANT FLOW TEST_ INVOICE Date Tested; 2/11/2000 Requested By; CONQUEST 2nd Request By: 3rd Request By; 4th Reouest BY: Specific Location: Static Pre.~sgre: 4 2 Time; DEVELOPMI~NT Silver Lakes RV Res,err Hydrant #; Fire Flow @ 20 psi Residual Main P,ressure: 906 Inspection Fee $35.00 Payment Method Check Test, ~d By: Grifflrl Date: 2/11/2000 Date: Date: ' Date; Date Re c'vd 2/11/~'000 Check No 11676 4977 E Tamiami Tr, / Naples, FL 34113 / (813) 774-2800 / !FAX (813) 774-3116 02-17-2000 02:34PM FROM MEANLY ENGINEERING ~ DESI TO COLLIER CO PPR P.04 HYDRANT DATE 2/11/2000 HYDRANT NO. LOCATION Silver Lakes Requested iby STATIC 4 2 RESIDUAL 18 NOZZEL COEFFICIEiNT . 90 Smooth Barrel Interface .90 Square Barrel Interface :.80 Projecting Into Barrel ,70 All Steamer/4.5" Outlets .80 FIREFLOW DATA SHEET. TIME TESTED BY MAIN SIZE FEE $35.00 RV Resort CONQUEST DEVELOPMENT HYDRANT FLOW DISCHARGE 2.5 PORT @ 8 PSI= 527 2.5 PORT @ 8 PSI= 527 4.5 PORT. @ PSI = DR:y HYDRANT FIRE FLOW1 DRY HYDRANT DIAMETER DRY HYDRANT DEPTH GPM GPM GPM 0 PSI RESIDUAL 906 GPM , TOTAL P.04 McANLY ENGINEERING AND DESIGN INC. ENGINEERING PLANNING LAND SURVEYING LANDSCAPE ARCHITECTURE Project:. Silver Lakes RV & Proje~Number: 88776.2 INFILTRATION TESTING Golf Resort 2-F Date of Test: 11/11/99 to 11/12/99 Those Present: R. Shane Parker, EI, McAnl¥ Enqineerinq and Desiqn, Mike, Florida State Underqround Inc. Description of Line Tested: Manhole, MI-Ig28 to MI-I#31 CALCULATION OF ALLOWABLE LEAKAGE PER ONE HOUR: (Length of pipe) x (diameter of pipe) x SQR(test pressure) / 133200 (( 1103 fi)/ 5280 fi) x ( 8 in) x 50 gaVday = 83.6 (( 1760 fi)/ 5280 fi) x ( 6 in) x 50 gaVday = 100 (( fi)/ 5280ff) x ( in) x 50 gal/day = Toml = 183.6 RESULTS OF TEST: Length of Test 24 hrs. Calculation of Actual Infiltration: Allowable Leakage gal/day gal/day gal/day gal/day 183.6 gal 3.5 Gallons Test meets project specifications: Engin~ William C. McAnly, P.E. McAnly Engineering & Design, Inc. X YES NO 5435 PARK CENTRAL COURT, NAPLES, FLORIDA 34109 MAILING ADDRESS: P.O. BOX 11717, NAPLES, FLORIDA 34101-1717 (941) 593-3299 FAX (941) 593-3298 Paints Coatings, Inc. The Finest in Was~ewa~er Structure Rehabilitation To Whom i= May Concezn; s=ruc~ures supplied to: Con~ractor:FLORiDA STATE UNDERGROUND Job Name:SILVER LAKES PH 2F were painted wi~h Sherwin Williams b~and coal Tar epoxy C-200, an acceptable bi=uminous or epoxy sealer at an interior oo&~ing cf 36 mils thickness, and an exterior co&ting of 18 mils thickness. Yours Truly, Carl A. Laquldara Pre~lclent 4451 Hancock nrmdge Parkway * Nth.F= ~yers, F1 33903 , 941.997-664§ * 941-997-7117 FAX COLLIER COUNTY UTIDITIES WASTEWATER DEPARTMENT pROJECT VIDEO REVIEW DATE OF REVIEW:9-7-99 PROJECT NAME: Silver Lakes~ Phase 2-F (SOUTH) ENGINEER OF RECORD{ CONSTRUCTION CONTRACTOR: VIDEO CONTRACTOR: Sewer Viewer COMMENTS: Re-check dimple 18ft from MH~28 to MH~29 RECOMMENDATIONS: I t COEPT BLE: ~-~ REVIEW NUMBERED COMMENTS IN ONE YEAR: i I NUMBERED COMMENTS UNACCEPTABLE: ~ OTHER RECOMMENDATIONS: see above (REPAIR/REPLACE) COLLIER COUNTY GOVERNMENT COMMUNYFY DEVELOPMENTAND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 January 6, 2000 Mr. Shane Parker McAnly Engineering and Design, Inc. P.O. Box 11717 Naples, Florida 34101 - 1717 RE: Silver Lakes RV Phase Two-F, Water & Sewer Dear Mr. Parker: A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering Review Section of the Planning Services Department on January 5, 2000. 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. Sincerely, Engineering Inspections Supervisor DN/taa/f:\Inspection form Silver Lakes RV Phase Two-F water & sewer cc~ Cindy Erb, Engineering Technician, Public Works Joe Cheatham, Wastewater Director, Utilities Paul Mattausch, 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 Phone (941) 403-2400 Fax (941) 643-6968 www.co.collier.fl.us