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Vanderbilt, Ph. 3, WaterfordMEMORANDUM DATE: January 31, 2001 TO: FROM: Maureen Kenyon, Supervisor, Clerk to Board Shirley Nix, Engineering Technician II l~ Project Plan Review RE: Vanderbilt, Phase 3, Waterford Water and/or Sewer Facilities Acceptance On ~ l0 200_~The Boa of County Commissioners grantedfinal acceptance of the water and/or sewer facilities within the above-referenced project. Attached, please find the following recorded documents, in order: 1. Utilities Facilities Subordination, Consent and Joinder (3) 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 Copy of Letter of Credit Engineer's final payment confirmation Certification of pressure testing of water lines by Engineer of Record Bacteriological clearances (DER certification) for water facilities DER Placement-in-Service letter for sewer facilities Memorandum to Maureen Kenyon, Supervisor, Clerk to Board January 31, 2001 Page Two 12. Contractor's Final Release of Lien 13. Lab results on bacteriological test for water lines 14. Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) 15. Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements 16. Contractual Guarantee for material and workmanship for a period of at least one year after the Board of County Commissioners' acceptance for both water and sewer facilities 17. Payment of water usage, laboratory and administrative charges for filling, flushing and bacteriologically certifying water lines from invoice prepared by the Utilities Division 18. Letter from fire district regarding certification of field fire flow capacity testing 19. Copy of backflow prevention assembly test report 20. Certification of the inflow/infiltration test for the sewer lines by Engineer of Record 21. Coating certification of man holes, wet wells and dry well from manufacturer 22. Copy of video tape test report 23. 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 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 3301TAMIAMI TRAIL EAST P.O. BOX 4413044 NAPLES, FLORIDA 34101-3044 ORIGINAL FEB 0 9 2001 OFFICIAL RECEIPT When Validated BY: LINDA M DEPUTY CLERK RECEIPT: 336'6510 NAME : PAYOR: REFNC: ENGINEERING/SHIRLEY NIX BCC(113-138312-63-649030 LM: 5 DOCUMENTS DOC TYP FILE ID BOOK PAGE SUBORD 2748055 2775 0539 SUBORD 2748056 2775 0542 SUBORD 2748057 2775 0545 B SALE 2748058 2775 0548 DEED 2748059 2775 0550 DESCRIPTION RECORDING OF LEGAL INSTRUMENT P.R.M.T.F. RECORDING FEE INDEXING DOCUMENTARY STAMPS - 70 DOCUMENTARY STAMPS - 35 INTANGIBLE TAX SALES COPIES MISCELLANEOUS FEES INTANGIBLE .PENALTY INTANGIBLE INTEREST AMOUNT 57.00 9.00 .70 DEPT: RECORDING TOTAL DUE: 66.70 Page 01 of 01 2748055 OR: 2775 PG: 0539 SHIRLEY NIK/ENGINEERING REVIEW RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL HORSESHOE DRIVE 02/08/200! at 09:2!AM DWIGHT E. BROCK, CLER}[ UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER I5.00 THIS SUBORDINATION, CONSENT AND JOINDER given this ,~)Ul .L~'~7.~ 2000 by LEX WORTH KORP., INC., A Florida corporation of 14291 Metro Parkway, E~dg. #1300 Fort Myers, FL 33912 (hereinafter referred to as "Mortgagee"), in favor of 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 "County"). Mortgagee is used as singular or plural, as the context requires. WHEREAS, Mortgagee is the owner and holder of that certain Second Mortgage and Security Agreement (the "mortgage") recorded in O.R. Book 2345, Page 1530; Assignment of Leases and Rentals (the "assignment") recorded in O.R. Book 2345, Page 1543; and UCC-1 Financing Statement (the "UCC-I")recorded in O.R. Book 2345, Page 1548; all in the Public Records of Collier County; and that UCC-1 Financing Statement (the "UCC-I") filed with the Florida Secretary of State and assigned file # 970000211755; 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: (1) non-exclusive easements for the installation and maintenance of utility facilities over, under and across a portion of the Encumbered Property legally described in EXHIBIT A attached hereto and incorporated herein by this reference, which premises are hereinafter referred to as the "Easement Property"; and (2) and the conveyance of the utility facilities located thereon or affixed thereto. WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its mortgage, assignment, and UCC-1 tothe County's interest in the Easement Property and the utility facilities located thereon or affixed thereto, to which request Mortgagee has agreed. NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Mortgagee does hereby so consent to, join in and subordinate the lien of its mortgage, assignment, and UCC-ls 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 thereon or affixed thereto. Except as subordinated to the easement described herein over, under and across the Easement Property or and to the utility facilities located therein or affixed thereto, the mortgage, assignment, and UCC-ls, and the liens and priority of those liens, created thereby shall remain otherwise in full force and effect. [signatures and notary acknowledgments attached] IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Witn e.~m~p~~ Wit.~s Witness name printed STATE OF FLORIDA } COUNTY OF LEE } The foregoing instrument was acknowledged before me this 2000 by ~C~'NN Z~, day of ClUnY , ~. //FJB~...T- , who is personally ~ to me or who has produced as identification an~d who did__i.i~did no,,t)._t~e an oath. N~u¢lic ~' -- ~ (Typed name) JOYCE E. RHEA Nolary Public, Stale of Ohio My Commission Expires March 1, 2OO4 My commission expires: o o C:\MyFiles\Worthington\Utlts. Fcts. CB.Sbdntn EXHIBIT A EASEMENT PROPERTY All Collier County Utility Easements (C.U.E.) within Tract 6, of Vanderbilt Country Club, as shown on the Subdivision Plat of Vanderbilt Country Club, according to the plat thereof recorded in Plat Book 30, at Page 36 through 41 inclusive, Public Records of Collier County, Florida; ~loca~ed ~n fia=s in Public Works, A:\Utlts. Fclts. ExA 2748056 OR: 2775 PG: 0542 SHIRLEY NIK/ENGINEERING REVIEW RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL HORSESHOE DRIVE ~2/08/2001 at 09:21AM DWIGHT E, BROCK, CLERK RBC FEB UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER THIS SUBORDINATION, CONSENTAND JOINDER given this~day of ~"Lt {~J._ , 2000, by Colonial Bank of 16740 Colonial Blvd. Fort Myers, FL 33908 ~'ereinafter reft. ired to as "Mortgagee"), in favor of 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 "County"). Mortgagee is used as singular or plural, as the context requires. WHEREAS, Mortgagee is the owner and holder of that certain Mortgage, Security Agreement, and Assignment of Rents (the "mortgage") recorded in O.R. Book 2449, Page 0300; Assignment of Rents, Profits, and Contracts (the "assignment") recorded in O.R. Book 2449, Page 0334; and UCC-1 Financing Statement (the "UCC-I") recorded in O.R. Book 2449, Page 362; all in the Public Records of Collier County; and that UCC-1 Financing Statement (the "UCC-I") filed with the Florida Secretary of State and assigned file # 980000164887; 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: (1) non-exclusive easements for the installation and maintenance of utility facilities over, under and across a portion of the Encumbered Property legally described in EXHIBIT A attached hereto and incorporated herein by this reference, which premises are hereinafter referred to as the "Easement Property"; and (2) and the conveyance of the utility facilities located thereon or affixed thereto. WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its mortgage, assignment, and UCC-1 to the County's interest in the Easement Property and the utility facilities located thereon or affixed thereto, to which request Mortgagee has agreed. NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Mortgagee does hereby so consent to, join in and subordinate the lien of its mortgage, assignment, and UCC-ls 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 thereon or affixed thereto. Except as subordinated to the easement described herein over, under and across the Easement Property or and to the utility facilities located therein or affixed thereto, the mortgage, assignment, and UCC-ls, and the liens and priority of those liens, created thereby shall remain otherwise in full force and effect. !5.00 [signatures and notary acknowledgments attached] IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Witness name printed STATE OF FLORIDA } COUNTY OF LEE } The,foregoing instrument was acknowledged before me this(-L'~clay of 2000 by ,~0._/1 ~.l~.~ , who is personally known to me or who~as produced as idegtification and Not~ Publ}c (Typed name~ My commission expires: A:\Utlts. Fcts.CB.Sbdtn.WCIN EXHIBIT A EA SEMEN T PR OPER TY All Collier County Utility Easements (C.U.E.) within Tract 6, of Vanderbilt Country Club, as shown on the Subdivision Plat of Vanderbilt Country Club, according to the plat thereof recorded in Plat Book 30, at Page 36 through 41 inclusive, Public Records of Collier County, Florida; A:\Utlts. Fclts. ExA 2748057 OR: 2775 PG: 0545 SHIRLE~ NIX/ENGINEERING REVIEW RECORDED in the O~FICIAL RECORDS of COLLIER COUNTY, FL HORSESHOE DRIVE 02/0S/2001 at 09:21AM DWIGHT E, BROCK, CLERK ~X? 55~6 RBC FRH UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER 2000, by r . y y . y, wife a~ tenants~'by rice entirety, of 15730 Carberry Court, Fort Myers, FL 33908, (hereinafter referred to as "Mortgagee"), in favor of 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 "County"). Mortgagee is used as singular or plural, as the context req u ires. WHEREAS, Mortgagee is the owner and holder of that certain Non-Recourse Purchase Money Mortgage and Security Agreement (the "mortgage") recorded in O.R. Book 2345, Page 1517, 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: (1) non-exclusive easements for the installation and maintenance of utility facilities over, under and across a portion of the Encumbered Property legally described in EXHIBIT A attached hereto and incorporated herein by this reference, which premises are hereinafter referred to as the "Easement Property"; and (2) a conveyance of the utility facilities. WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the County's interest in the Easement Property and the utility facilities, to which request Mortgagee has agreed. NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Mortgagee does hereby so consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the 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 and to the utility facilities located thereon or affixed thereto, the mortgage, and the priority and lien of the mortgage, shall remain otherwise in full force and effect. 15.00 [signatures and notary acknowledgments attached] IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the_dCte and year fir. st above/writte_n. A/C, Witness name printed K / ess~.~s to both Witness name printed STATE OF /Y~ ~ } COUNTY Of ~'~,'c~'"} The foregoing instrument was acknowledged before me this "~ ~' '~"'~ay of ~/3 Bruce K. Hoyt, who is personally known to me or who has produced as identification and who did (did not) take an oath. ,2000 by Notary Publi.c /' ~. Z O, ~ ~',,",~..__ (Typed name) My commission expires: STATE OF COUNTY The foregoing instrument was acknowledged before me this.,/o day of Gayle J. Hoyt, who is personally known to me or who has produced as identification and who did (did not) take an oath. "~'-"c,~ ~ ,2000 by NotarJ~,Public,, £ /'~ ~- (Typed name) My commission expires: A:\Utlts. Fcts. Hyt Sbdtn. WClN EXHIBIT A EASEMENT PROPERTY All Collier County Utility Easements (C.U.E.) with. in. Tract 6, of Vanderbilt Country Club, as shown on the Subd~vmsion Plat of Vanderbilt Country Club, according to the plat thereof recorded in Plat Book 30, at Page 36 through 41 inclusive, Public Records of Collier County, Florida; located i~ Public Works, A:\Utlts. Fclts. ExA This instrument prepared without review of title by: Anthony J. Gargano, Esq. GARGANO & MARCHEWKA, L.L.P. P.O. Box 2527 Fort Myers, Florida 33902 Telephone: (941) 337-2280 2748058 OR: 2775 PG: 0548 RECORDED in OFFICIAL RECORDS o~ COLLIER COUNTY, ~L 02/08/2001 at 09:21AM DWIGHT E, BROCK, CLERK REC FEE 10.50 Retn: SHIRLEY NIX/HNGINHBRING RHVIHW HORHHSHOB DRIVR HXT 5586 UTILITY FACILITIES BILL OF SALE of Naples, Inc., a I i COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTYAND AS EX OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, it successors and assigns, Grantee. WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee and Grantee's heirs and assigns forever, all those certain water and sewer facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of the facilities, situate, lying and being in Collier County, Florida, to wit: ( See EXHIBIT A attached hereto and incorporated by reference herein.) And Grantor does hereby fully warrant the title to said property, 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. The terms Grantor and Grantee are used for singular or plural, as the context requires. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon the land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: Witness ale ped r d-Printed Witness~, ~ ~ /. _ ~ . -.\oOq o, da.. Witness Name Typed or Hand-Printed Worthington Communities of Naples, Inc. Scott Connell, its vice president STATE OF FLORIDA ) ) §§ COUNTY OF LEE ) The foregoing instrument was acknowledged before me this~ay of Scott Connell, who is personally known to me or who has produced as identification and who did (did not) take an oath. My commission expires: ~.~:'.~.. : '- WENDY L. LOFGREN ~,;? ;,% MY COMMISSION # CC 774303 ![~..~; EXP{RES: October 2, 2002 I~;~"'-e~nded Thru Noary Public Underwriters_ ,2000 by Notary Public . /) (Typed n~e~) A:\Utlts. Fclts. BOS.WClN EXHIBIT A EA SEMEN T PR OPER TY All Collier County Utility Easements (C.U.E.) within Tract 6, of Vanderbilt Country Club, as shown on the Subdivision Plat of Vanderbilt Country Club, according to the plat thereof recorded in Plat Book 30, at Page 36 through 41 inclusive, Public Records of Collier County, Florida; A:\Utlts. Fclt$.ExA This instrument prepared without review of title by: Anthony J. Gargano, Esq. GARGANO & MARCHEWKA, L.L.P. P.O. Box 2527 Fort Myers, Florida 33902 Telephone: (941) 337-2280 2748059 OR: 2775 PG: 0550 RECORDED in OL~ICIAL RECORDS o~ COLLIER COUNTY, FL 02/08/2001 at 09:21AM DWIGHT E. BROCK, CLERK Retn: SHIRLEY NIX/HNGINEBRIRG REVIEW HORSESHOE DRIVE EIT 5586 REC FEE 10.50 DOC-.70 .70 UTILITY FACILITIES WARRANTY DEED THIS INDENTURE, made this c~ day of ,2000 between Worthington Communities of Naples, Inc., a Florida corporation, Grantor, and th~ 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, it successors and assigns, Grantee. WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee and Grantee's heirs and assigns forever, all water and sewer facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of the facilities, situate, lying and being in Collier County, Florida, to wit: ( See EXHIBIT A attached hereto and incorporated by reference herein.) And Grantor does hereby fully warrant the title to said property, 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 the Grantee and its assigns, together with the right to enter upon the land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. IN WITNESS WHEREOF. the Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: Worthington Communities of Naples, Inc. Scott Connell, its vice president Witness ~.\ . / // ...Xk) 0 t4 Witness Name Typed or Hand-Printed STATE OF FLORIDA ) COUNTY OF LEE ) The foregoing instrument was acknowledged before me this __ by Scott Connell, who is personally known to me or who has produced as identification and who did Vid no.~ take an oath. My commission expires: ~-~"~ dayof ,2OOO Notaj'y PU6mic , //, v / ~"U ) >- . /,..,/ (Typ~'~n~ame) J J' ~ ~':~"~'"- MY COMMISSION # CC 774303 II~ ~_~_.~ EXP RES: October 2, 2~0~2~,,rs It ~;~ 8on~dThruNo~Pu~icUnde ' ~ A:~2Utlts.Fclts.Wty. Dd. WCIN EXHIB I T A EA SEMEN T PR OPER TY All Collier County Utility Easements (C.U.E.) within Tract 6, of Vanderbilt Country Club, as shown on the Subdivision Plat of Vanderbilt Country Club, according to the plat thereof recorded in Plat Book 30, at Page 36 through 41 inclusive, Public Records of Collier County, Florida; Public Works. A:\Utlts. Fclts. ExA OWNER'S AFFIDAVIT STATE OF FLORIDA } COUNTY OF LEE } o 5' BEFORE ME, the undersigned authority, personally on this day of ~7~, 2000, appeared Scott Connell, who to me is well known, and having sworn ~-d under oath, de~5oses and states: all Collier County Utility Easements (C.U.E.) within Tract 6, of Vanderbilt Country Club, as shown on the Subdivision Plat of Vanderbilt Country Club, according to he plat thereof recorded in Plat Book 30, at Page 36 through 41 inclusive, Public Records of Collier County, Florida. 1. My name is Scott Connell. I am over the age of twenty-one (21) years, am otherwise sui juris, and have personal knowledge of the facts contained herein. 2. I am the vice president of Worthington Communities of Naples, Inc., a Florida corporation (the "Owner"). The Owner is the fee simple title owner of that certain real property (the "Property") in Collier County, Florida legally described in attached follows: 3. All persons and entities, including the general contractor and all subcontractors, who furnished services, labor, or materials, according to plans and specifications, or extra items, used in the construction or repair of water and sewer utility facilities on the Property have been paid in full and that work has been completed and accepted by the Owner. 4. No claims have been made to Owner; no suit is pending against Owner on behalf of any contractor, sub-contractor, material supplier, or laborer; and further 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 on the Property. 5. The utility facilities described herein are either not included in, encumbered by, or subject to any real property mortgage, security agreement, UCC financing statement, or any other encumbrance, or the owner and holder of any real property mortgage, security agreement, UCC financing statement, or any other encumbrance has joined in all necessary easement grants, conveyances, and bills of sale or subordinated its lien thereto. 6. This affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District to accept the dedication or conveyance of water and sewer utility facilities located within or upon the Property. FURTHER AFFINED SAYETH NAUGHT. DATED this (~ay of ~//~-., , 2000. Sworn to (o, affirmed) and subscribed before me this o~,~ay of ',.~/~/". 2000 by Scott Connell, who is per?.ru~llv_knc~n tQ me O[ wh_o..h_as_ produced !1;."'uY COUM SS ON #cc 774303 II II~:...~....~C.~ EXPIRES: October 2, 2002 I! Bonded Thru Notary Public Underwriter$I! My commission expires: as identification. Not'a r~/P~Jblic (Typed name~ Ownr. Aff. WClN EXHIBIT A EA SEMEN T PR OPER TY All Collier County Utility Easements (C.U.E.) within Tract 6, of Vanderbilt Country Club, as shown on the Subdivision Plat of Vanderbilt Country Club, according to the plat thereof recorded in Plat Book 30, at Page 36 through 41 inclusive, Public Records of Collier County, Florida; A:\Utlts. Fclts. ExA2 ATTORNEY'S AFFIDAVIT STATE OF FLORIDA } COUNTY OF LEE } BEFORE ME, the undersigned authority, personally on this ~ day of August, 2000, appeared Anthony J. Gargano, who to me is well known, and having sworn and under oath, deposes and states: 1. My name is Anthony J. Gargano. I am over the age of twenty-one (21) years, am otherwise sui juris, and have personal knowledge of the facts contained herein. 2. I am a licensed attorney, Florida Bar #375373, authorized to practice law and am practicing law in the State of Florida. My business address is 2075 West First Street, Suite 203, Fort Myers, Florida, 33901. My business telephone number is 941-337-2280. My business mailing address is Post Office Box 2527, Fort Myers, Florida 33902. 3. This affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District to accept the dedication or conveyance of water and sewer utility facilities located within or upon that certain real property located in Collier County, Florida legally described in attached EXHIBIT A (the "real property").. 4. The Affiant has examined record title information as to the real property and personal property described in this affidavit, including but not limited to, that provided by Old Republic National Title Insurance Company, Title Search Report # FM-00072031, as of July 21, 2000 at 5:00 pm, and information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. 5. The record owner of the real property and personal property described herein is Worthington Communitites of Naples, Inc., a Florida corporation (hereinafter "Owner"). The Owner acquired record title to the subject real property by instruments recorded at Official Records Book 2345, Page 1485; Official Records Book 2345, Page 1493; Official Records Book 2345, Page 1496; 2345, Page 1499; Official Records Book 2345, Page 1504; Official Records Book 2345, Page 1513; Official Records Book 2345, Page 1515; all in the Public Records of Collier County, Florida (copies of which are attached as composite EXHIBIT B which is incorporated herein by reference). I have examined corporate information obtained from the Florida Secretary of State and based on that information Owner is current and active within Florida, is currently authorized to do business in the State of Florida, and Jeff Darragh, as president and Scott Connell, as vice president, are each authorized to execute the instruments on behalf of the Owner in conjunction with the conveyance of the subject property. 6. The subject real and personal property is encumbered of record in the Public Records of Collier County, Florida and the Office of the Florida Secretary of State. The following are the liens, encumbrances and financing statements encumbering the subject real and personal property (copies of which are attached as composite EXHIBIT C which is incorporated herein by reference): 1) Non-Recourse Purchase Money Mortgage and Security Agreement from Worthington Communities of Naples, Inc. to Bruce K. Hoyt and Gayle J. Hoyt, recorded in O.R. Book 2345, Pages 1517 through 1529, Public Records of Collier County, Florida. 2) Mortgage and Security Agreement from Worthington Communities of Naples, Inc. to Lex Worth Korp., Inc. recorded in O.R. Book 2345, Pages 1530 through 1542, Public Records of Collier County, Florida, as modified by that certain Future Advance Mortgage Modification and Consolidation Agreement recorded in O.R. Book 2445, Page 3471, Public Records of Collier County, Florida. 3) Assignment of Leases and Rentals from Worthington Communities of Naples, Inc. to Lex Worth Korp., Inc. recorded in O.R. Book 2345, Pages 1543 through 1547, Public Records of Collier County, Florida. 4) UCC-1 from Worthington Communities of Naples, Inc. to Lex Worth Korp, Inc. recorded in O.R. Book 2449, Page 1548 through 1551, Public Records of Collier County, Florida and filed with the Florida Secretary of State. 5) Mortgage, Security Agreement, and Assignment of Rents from Worthington Communities of Naples, Inc. to Colonial Bank recorded in O.R. Book 2449, Page 0300, Public Records of Collier County, Florida. 6) Assignment of Rents, Profits, and Contracts from Worthington Communities of Naples, Inc. to Colonial Bank recorded in O.R. Book 2449, Page 0334 Public Records of Collier County, Florida. 7) UCC-1 from Worthington Communities of Naples, Inc. to Colonial Bank recorded in O.R. Book 2449, Page 362, Public Records of Collier County, Florida and filed with the Florida Secretary of State and assigned file # 980000164887. 7. Title to the real property is also subject to those instruments described in attached EXHIBIT D. 8. Affiant further states that to the best of his knowledge the information contained herein is true, correct and current as of the date this Affidavit is given. DATED this~day of ~ 2000. Ar~thony J. G~g~o(~ L~ The foregoing instrument was acknowledged before me this .~ by Anthony J. Gargano, who is personally known to me or who has produced as identification and who did (did not) take an oath. My commission expires: day of 0 £ 2000 Notary Publi, (Typed name) ~ (( ~ )) MY COMMISSION # CC 919118 ~tary Service &Bonding, inc. C:\MyFiles\Worthington~Atty. Aff3.WClN EXHIBIT B TO ATTORNEY'S AFFIDAVIT OF ANTHONY J. GARGANO The copies of the liens, encumbrances and financing statements encumbering the subject real and personal property and recorded in the Public Records of Collier County, Florida are attached as this composite EXHIBIT B. EXHIBIT A EASEMENT PROPERTY All Collier County Utility Easements (C.U.E.) within Tract 6, of Vanderbilt Country Club, as shown on the Subdivision Plat of Vanderbilt Country Club, according to the plat thereof recorded in Plat Book 30, at Page 36 through 41 inclusive, Public Records of Collier County, Florida; The Utility F~ci!iti~s c~ be fox, nd c~ p~ns located Jn fi~es in Public Works. A:\Utlts. Fclts. ExA2 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION ENGINEERING REVIEW SECTION November 7, 2000 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Cindy Yanosik Community Engineering Services 9200 Bonita Beach Road Bonita Springs, FL 34134 Re: Waterford, Phase 3 ~ Vanderbilt Country Club (Tract 6) Dear Ms. Yanosik: 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 ~ Engineering Technician II CC.' Paul Mattausch, Water Director Lisa Taylor, Public Works PHONE (941) 403-2400 FAX (941) 643-6968 www. co.collienfl.us COLONIAL BANK Colonial Bank, 16740 San Carlos Blvd. S.W., Fort Myers, Fl. 33908 Irrevocable Standby Letter of Credit No.34-001-028 Dated: 07/20/00 Place of Expiry: Colonial Bank, 16740 San Carlos Blvd. S.W., Fort Myers, FI. 33908 Date of Expiry: This Credit shall be valid until 07/20/01 and shall be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, we notify the Beneficiary in writing by registered mail that we elect not to so renew this Letter of Credit. Applicant: Worthington Communities of Naples, Inc., a Florida Corporation, 14291 Metro Parkway, #1300, Fort Myers, FL 33912 Beneficiary: The Board of County Commissioners, Collier County Florida (hereinafter "Beneficiary") c/o Office of the County Attorney, Collier County Courthouse Complex, 3301 East Tamiami Trail, Naples, Florida 34112. Amount: $5,507.00 (Five thousand five hundred seven dollars and 00/100 Dollars) in the aggregate thereof. Credit available with: Colonial Bank, 16740 San Carlos Blvd. S.W., Fort Myers, Fl. 33908. By: Payment against documents detailed herein and Beneficiary's drafts drawn on the Colonial Bank. Documents required: B eneficiary's statement purportedly signed by the County Manager certifying that: "Worthington Communities of Naples, Inc. a Florida corporation, has failed to construct and or maintain water and/or sewer improvements as shown on the plans for Vanderbilt Country Club, Waterford Phase 3, Buildings 7,8,9,10 at Vanderbilt Country Club or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory altemative performance security has not been provided to and formally accepted by the Beneficiary". Draft(s) drawn under this Letter of Credit must be marked "Drawn under Colonial Bank Letter of Credit No.34-001-028 dated 07/20/00. The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. An Affiliate of Colonial BancGroup, Inc. 16740 San Carlos Blvd. S.W., P.O. Box 08009, Fort Myers, Florida 33908 Telephone 941/466-7500 * Fax 941/466-6000 w~v. colonialbank.eom AN EQUAL OPPORTUNITY EMPLOYER Irrevocable Standby Letter of Credit No. 34-001-028 Dated: 07/20/00 This Letter of Credit sets forth in full the terms of the Colonial Bank's undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document, instrument, or agreement referenced to herein or in which Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. We hereby engage with the Beneficiary that draft(s) drawn under and in compliance with the terms of the Credit will be duly honored by us if presented within the validity of this Credit. Except as otherwise expressly stated this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits 1993 Revision, International Chamber of Commerce Publication No. 500 (the "Uniform Customs"). This Letter of Credit shall be deemed to be made under the laws of the State of Florida. Colonial Bank Senior Vice President David E. Gookin Vice President Colonial Bank EXHIBIT"A" TO LETTER OF CREDIT NO. 34-001-028 ISSUED BY COLONIAL BANK AT SIGHT PAY TO Collier County July 20 Five thousand five hundred seven DOLLARS ($ 5~507.00 VALUE RECEIVED AND CHARGE TO ACCOUNT OF LE-I-rER OF CREDIT NO. 34-001-028 COLONIAL BANK ~10(2000 ) FOR OF 16740 San Carlos Blvd SW Fort Myers, FL 33908 Board of County Commissioners Collier County, Florida By: F-0300 (2/93) CBG Printing Its: Colonial Bank 'EXHIBIT "B" TO STANDBY LETTER OF CREDIT NO. ISSUED BY COLONIAL BANK July 20 CERTIFICATE The No. 34-001-028 No. 34-001-028 Collier County, undersigned, duly authorized signator for the Beneficiary under Letter of Credit ., hereby certifies to Colonial Bank with reference to Letter of Credit issued by the Bank in favor of Board of County Commi~iQners FI orida , that: In addition, to the best of the Beneficiary's knowledge there are no existing court orders restraining or enjoining Colonial Bank from honoring drafts or presentation under the Letter of Credit. The other documents presented with this Certificate are genuine and complete. All other terms and conditions of Letter of Credit No. 34-001-028 are and have been strictly complied with. IN WITNESS WHEREOF, the undersigned has executed and delivered this Certificate on Board of CnHntv Cnmmi~inners Collier County, Florida By: Its: F-0302 (2/93) CBG Printing MMUNITY ENGINEERING SERVICES, NC. (~it,i! En!lineerin!t · Nurve!tin!t · l'rojecl Management June 30, 2000 Collier Coumy Government Community Development Services Division 2800 North Horseshoe Drive Naples, Florida 33942 Vanderbilt Country Club Tract 6, Buildings 7-10 Engineer's Final Payment Confirmation To Whom It May Concern: Pursuant to Collier County Ordinance 97-17, this will certify that all professional fees associated with the above reference project have been paid in full. Sincerely, COMMUNITY ENGINEERING SERVICES, 1NC. Mark D. McCleary, P.E. President MDM/cgy Cc: Rob Corbett S:~qg\vgec~PHASE3\WATRFORD~Tumov~r~Engr Paymera Cert. doc 9200 Bonita Beach Road * Suii~z 213 · Bonita Spri~tgs, FL 34135 (941) 495-0009 · fax (941) 2195-7934 MMUNITY ENGINEERING ERVICES, NC. (!ivil Engineering * Surveying · Prqject Mana[lement June 12, 2000 Collier County Government Community Development Services Division 2800 North Horseshoe Drive Naples, Florida 33942 Vanderbilt Country Club Waterford, Phase 3 Tract 6, Buildings 7-10 Water Main Testing To Whom It May Concern: A representative of our firm has witnessed a successful two (2) hour pressure test of the potable water mains constructed as part of this project. An average test pressure of 155 psi was maintained throughout the test in accordance with Collier County specifications. Sincerely, COMMUNITY ENGINEERING SERVICES, INC. Cy/~hia G. Yanosik, P.E. ~ Cc: Scott Connell S:~ng\vgcc~PHASE3\WATRFORD\Turnover\Water Main Test Cert. doc 9200 Bonita Beach Road * Suite 213 · Bonita Springs, FL 34135 (941) 495-0009 ° ;fax (941) 495-7934 En¥ironmental Protection South District Jeb Bush P.O. Box 2549 Governor Fort Myers, Florida 33902-2549 David B. Struhs Secretary Scott Conn¢ll, Vice President Worthington Communities of Naples, Inc. 448 County Road 951 Naples, Florida 34119 Re: July 5, 2000 Collier Count~ - PW Vanderbilt Country Club - Tract Buildings 7 - l0 (Collier County Regional WTP) 'I57919-001-DSGP Southwest Coast EMA Dear Mr. Connell: 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 157919-00 I-DSGP dated March 17, 2000. 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, O. James Oni Professional Engineer Water Facilities OJO/MFJ/klm CC: Cynthia G. Yanosik, P.E. Thomas E. Kuck, P.E. "More Protection, Less Process" Printed on recycled paper. Florida Dep~ent of Environmental Protection Twin Towe~ O/tlo~ Bldg., 2/00 Blaj~' Swtm Road, Tali~_h~,~r~, Florida 32399-2400 DOlV~ST1C WASTEWATER COLLECTIO~SIVIISSION SYSTEMS CERTIFICATION OF COlViPLETION OF CONSTI~UCTION WAIVER OF LIEN KNOW ALL MEN BY THESE PRESENTS, that Kimberl¥ Eqqer, as General Manager of Southwest Utility Systems Inc., for and in consideration of Fifty Five Thousand Seventy Dollars ($55,0?0.00) and other good and valuable considerations, lawful money of the United States of America, to me in hand paid, the receipt whereof is hereby acknowledge, does hereby waive, release, remiss, and relinquish any and all right to claim any lien or liens for work performed or material furnished, or any kind of class of lien whatsoever on the following described property= VANDERBILT COUNTRY CLUB SUBDIVISION - PHASE 3 - Waterford, Tract 6, Buildings ?-10 - a portion of land located in Section 35, Township 48, Range 26, Collier County, Florida, specifically outlined below= Water Distribution Facilities - Phase 3, Tract 6, Bldgs. ?-10 Wastewater Collection Facilities - Phase 3, Tract 6, Bldgs. ?-10 Southwest Utility Systems, Inc. Name and Address of Firm or Corporation Autho~zed Representative STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was signed and acknowledged before me this 9th day of June, 2000 by Kimberl¥ Eqger as General Manager of Southwest Utility Systems Inc., who is known to me or has not produced any identification, and who did not take an oath. Notary Public Signatur~ Karen E. Shepherd ~CC822438 Printed Name and Commission No. Boaded Thru Nola~' Public State of FLorida Department of #earth Office of Laboratory Services Jacksonville, Hiami, PensacoLa Tampa, West PaLe Beach DRINKING WA TER BACTERIOLOGICAL ANAL YSIS ,FOR LAB USE ONLY SYSTEM NAME: ADDRESS: COLLECTOR: Press hard, (5) copies SYSTEM I.D. NO: SYSTEM PHONE #: COUNTY: D ] STR I CT: SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: TYPE OF SUPPLY(Circle one): COLLECTOR PHONE #: Community water system 'Noncommunity water system Nontransient - noncommunity water system Private ~&"Et' shimming pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement Main clearance We[[ survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health unit TO BE COMPLETED BY COLLECTOR OF SAMPLE TO BE cOMpLETED BY LAB 'ANALYSIS METHOD: i MF MTF HMO-MUG PA COLL. SAMPLE POINT CI NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER * Results in this column are presumptive. Total coliform and fecal coliform or 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 be[ow): 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 Lal~retory Services Jacksonville, Miami, Pensacola Tampa, West Perm leach DRINKING WA TER BACTERIOLOGICAL ANAL YSIS ~ FOR LAB USE ONLY SYSTEM NAME: ADDRESS: Press hard, (5) copies COLLECTOR: i, ~i' : :; ' , ' ~ SAMPLE SiTE (Locality or Subdivision): DATE AND TiME COLLECTED: TYPE OF SUPPLY(Circle one): TYPE OF SAMPLECCirc[e one): SYSTEM [.D. NO: COUNTY: SYSTEM PHONE #: DISTRICT: COLLECTOR PHONE #: Main clearance We[[ survey Other [ ] Check here if pay~nt ~de to county public health, unit T~,BE COMP~ED BY LAB ANALYSIS METHOD MF MTF MMO-NUG NON CONFIRM CONFIRM ' ~,,u.~ COLIFORM TOTAL FECAL E. COL! SAMPLE NUMBER COLL. NO. Community. wa~r_ System':'Noncommunity water sYStem Nontransient - noncommunity water system Private welt Swimming pool Bottled water Limited Use system Compliance Repeat Replacement (Check Box) [ ] Distribution [ ] Raw TO BE COMPLETED BY COLLECTOR O~SAMPLE SAMPLE POINT (Specific Address) I * Results in this column are presun~otive. Total coliform and fecal coliform or E. coti confirmation will follow in 24-48 hours. P - Co[iforms 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 be[ow): INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER NAM! AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: SATISFACTORY iNCOMPLETE COLLECTION INFORMATION REPEAT SAMPLES REPLACEMENT SAMPLES P~C,C 01 ~~ WATIN IAC T'~RIOL O~tC~ ANa4. Y~S R 0 FT, NYER$ " ~ ~ 402614 ( ) ( ) MTISFAC'YOIV ¢ ) IK:IIIIK. ET'! (:OLt,,,J~'ItlI~ IIFalIIMTIOII DRINKINQ WA BAC TER~OLOGICAL ANAL I.D. ND. 25016 [I£G'D FT. MYERS JUN 20 r~ r2:. s6 TITLE: ( ] ~LErlF I:[~LLICTLrCIt CONTRACFOR'S CERTIFIED LIST INSTALLED MATERIALS AND COSTS SYSTEM NAME: varlderbi]t Cognac,fi, Club - Pha~ 3 - W~arfo~ {Per Regulatcay A{ency Pcrmlt Name) DATE: 06108100 THIS I$ A: WATER SYSTEM: X SEWER SY~FE MATERIAL LIST INSTRUCTIONS Please list each and/or all materials separately by item or m~t~riaI description, lizem, etc. Then show quantity in,tailed, unit cost imtalled, and total cost installed, Plea~ ~peeify lump total costs for service, fire meter vaults, ~umping with ~otities, full 4e-_eft ations and miz~ otc. POTABLE WATER SYSTEM . · 6" X 3" METER ASSEMB. W/BFF EA I · . S23,000.00 $~3,000.00 EX'ISTINO WATERMAIN CONNECTION EA 1 $2,000.00 $2.,000.00 ~8" PVC, DR-IS LF 600 $13,00 $7,800,00 fi" Pre, DR.18 LF ...... 55 S12.00 $~0,00 6,, PVC, DR-IA ,, LF .. 155 .. $16.00 $2,,r~60.00 8' R,J. GATE VALVE 6- R.J. OAT1:- VALVE EA 2 ., FIRE HYDRANT ASSEMBLY EA 2 PERMANliNT SAMPLE POINT E,A, I $6~0.00 $650.0~ 2.5" POTABLE SERVICE LINE EA .,. 4 $$0~.0~ ~, ~000.0~ 2" FIRE, S_ERVIC£ ..... EA , , 4 $~0.00 $1,600,0~ TOTAL , P~GE 02 I do hereby certify the above de~ribed list of matsrials, quamitic~ of materiab, kinds of rrmcrials, including in~allation and all costs as installezl, to be complete, tree and accurate ss per thc £msl pay estimate and/or all invoices or statement of (by or f~om) this eertifyin8 uuntractor and as per the project and/or design Engbaeer's Ce~ifi~ lZ~:ord Drawings of this system (Water and/or Sewer) as deser/bed by Name shown as of thi~ date. CERTIFYINO: Sun~. 8r 2000. OF: SouthweM Utility Systems, ln~. 16341 Old U.S. 41 Sout..ht. Ft. ]oldies, FL 33912 $TAT]~ OF FLORIDA COUNTY OF LEE (Affbx Corperate Seal He~) Before me personally appeared Kimberly A, El. ger. to me well known and known to me to ba the person described in and who executed the for~golng inatrument, and acimowleglgex~ to and before me that she executed ~ald instrument for the purpoaea therein Pe~o~ly Known X or Nota~ ~blic - Ty~Pdn~S~mp Nm Ty~ of Identification P~duo*d ~CC 822438 Mash 30, 2003 Commission Expiration D~te ~ONTRACTOR'S CERTIFIED LIST STALLED MATERIALS AND COSTS SYSTEM NAME: Vanderbilt Countr~ Club - Phase 3 - Waterford (Per Regulatory Agency Permit Name) DATE: 06/08/00 THIS IS A: WATER SYSTEM: SEWER SYSTE X MATERIAL LIST INSTRUCTIONS Please list each and/or all materials separately by item or material description, sizes, etc. Then show quantity installed, unit cost installed, and total cost installed. Please specify lump total costs for service, fire meter vaults, pumping stations, etc. with quantities, full descriptions and sizes etc. SEWER SYSTEM EXISTING MANHOLE CONNECTION EA 1~ $750.00 $750.00 8" PVC, 0' - 6' CUT LF 400 $15.00 $6,000.00 MANHOLE, 0' - 6' CUT EA 1 $1,500.00 $1,500.00 SINGLE SERVICE EA 2 $250.00 $500.00 TOTAL $8~750.00 I do hereby certify the above described list of materials, quantities of materials, kinds of materials, including installation and all costs as installed, to be complete, true and accurate as per the final pay estimate and/or all invoices or statement of (by or from) this certifying contractor and as per the project and/or design Engineer's Certified Record Drawings of this system (Water and/or Sewer) as described by Name shown as of this date. CERT],FYING: Kimberly A. Eggelr, General Manager June 8, 2000 OF: Southwest Utilit~ Systems, Inc. 16341 Old U.S. 41 South, Ft. Myers, FL 33912 STATE OF FLORIDA COUNTY OF LEE (Affix Corporate Seal Here) Before me personally appeared Kimberly A. Egger, to me well knowns and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that she executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this 8th day of June, 2000. Notary Public, State of Florida - Signature Personally Known Type of Identification Produced X or Karen Shepherd Notary Public - Type/Print/Stamp Name gCC 822438 Commission Number March 30, 2003 Commission Expiration Date MMUNITY ENGINEERING SERVICES, NC. (?ivi[ En,qineeriny * Surveyin,q * Project Mana.qcmenl June 30, 2000 Collier County Government Community Development Services Division 2800 North Horseshoe Drive Naples, Florida 33942 Vanderbilt Country Club, Tract 6, Buildings 7-10 Utilities Within Easements To Whom It May Concern: After reviewing the as-built plans and information provided by the comractor, developer and surveyor, we hereby certify that all water and sewer facilities fall within dedicated easements. Sincerely, COMMUNITY ENGINEERING SER_VICES, 1NC. k, p.l~. FL License No. 45250 Cc: Rob Corbett S:~'ng\vgcc~PHASE3\WATRFORD\Tumover\Utility Easement Cert.doc 9200 Bonita Bcach P, Jmd * Suite 213 · Bonita Spring,q, FL 34135 (94-1) 495-0009 · fmx (941) 4.95-79:t4 WARRANTY The Undersigned, Southwest Utility Systems Inc., does hereby warranty and/or guarantee the water distribution and sanitary sewer collection facilities of Vanderbilt Country Club Phase 3 Waterford Tract 6, Buildings 7-10, to be free from defects in material and workmanship for a period of one (1) year from the date of acceptance by the Collier County board of County Commissioners. The undersigned party further agrees that they will, at their own expense, repair and replace all such defective work and all other work damaged by said defective work under this Warranty-Guaranty. It is further understood that the consideration for the giving of this warranty and/or guarantee is required by the General Conditions and Specifications under which the contract was let. DATE: 6/09/00 southwest Utility systems, Inc. Name and Title STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was signed and acknowledged before me this 9th day of June, 2000 by .~imberly A. Egger, an authorized representative of Southwest Utility Systems, Inc., who is known to me or has produced N/A as identifications and who did not take an oath. ' ' MY CO~MISSION#CC822438 Il I~_.,~..:~ EXPIRES: March 30, 2003 ",~.'~,~ Bonded Thru Notary Public Undenvriters Notary Public Signature Karen E. Shepherd #CC822438 Printed Name and Commission Number My Commission Expires: Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ! Trans Number L222665 Post Date Date 09/22/2000 11:22:26 AM I 09/22/2000 Payment Slip Nbr uT 76110 SOUTHWEST UTILITY SYSTEMS, INC. VANDERBILT COUNTRY CLUB, TRACT 6 Payor · SOUTHWEST UTILITY Fee Information Fee Code ' Description GL Account 42CYIN COUNTY INVOICES 40800000011510000000 Total Amount Waived $181.12 I $181.12 t( ayment Code HECK Payments Account/Check Number 31870 Amount $181.12 Memo: DOR1076, W/O #028144 & 25161, + BACT. Total Cash i $0.00 Total Non-Cash I $181.12 Total Paid $181.121 Cashier/location: GARRETT_S / 1 User: CALLIS_P Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:10/20/2000 9:27:37 AM 10/20/2000 08:54 9414957S34 COHMUNIT¥ ENGINEERIN PAGE 02 19, 2000 Atto: Cindy Y~nosik 9200 nonit~ ~ Road, Suite Bonit~ Speiag~, Florida 3413~ De~ Ms. Yan~ik: Subinct: H_vdr~m Flow Tns~$ - ¥~..l_-r_bilt t"~..~trv CI, E O~ O~teber 18, 2000, tl~ Ovld~ G~o Fire Control & l~eKue District ~ a flow two (2) ~e ~, = V~~ Co~ Club. ~ ~1~ ~: 1, H~ 35482672 -Hyd. 872 P~ p~ M ~c ~I 23~ ~M ~ 20 PSI ~1 2. H~ 35~2673 - ~d. ~73 P~ne ~ ~ic PSI 52 ~~ PSI 50 ~ ~w ~I 2~ G~ ~ 20 PSI ~ Before oomplelioa of the projeeg the hydrants rmed to be painted OSHA mfe~y yellow. 'l~e caps need to be peimod OSHA mL, ty light blue. Ah, o, blue road retleator~ need to be in,tailed to ~how looati, on of ali hydrants This Fire INstiict does not tcoept ownership nor do~ ii ffutintain fire hydrants m't~ their instldlttion Si~ely, Domld & Pet~rson Fire Cider DRP/pm En~iosurm ~0/20/2000 88:54 COMMUNITY ENGINEERIN golden ~ Fire DEl~flmmt Hydrant Flow by Hydrant Numl)~ PAGE 03 3~482e72 HYDIIr/2 PARKSTONE PL MU_EI~-__LER 08/04/~000 0 0 0 0 O 0 O 0 10 ...................... .t~.~s. c...o~. ~/DK..~. I~...OIN~l~ MIn: 0 0 O 0 Totll Flow Teltl: Z 10/18/2000 20:57 Page 10/~0/~000 0~:54 COMMUNITY ENGINEERIN ~olden ~te Fire Delmd~mnt Hydrant Flow TMti by Hydrant Numlmr PAGE 04 Hydrant Number equil to 3448~73 HYiNIIT$ PARKSTONE PL. MUELLER 09~4/2000 0 0 0 0 0 0 0 0 Subtotml Teet8:3 Mix: 1t88 23B2 2872 2~2e MIn: O 0 O 0 Avg: 770 l~eO ~?ee lea4 Total Flow Teet~: 3 10/18/2000 21:00 Plig® 1 COHMUNITY ENGINEERIN PAGE 02 System 941 -267- 7478 P. 02 COMMUNITY ENGIHEERIN PAGE 03 System 941-267-7478 P.03 FF~x:g4! 596 ~Ji,~ PF.F~E :.5 I COMbIUNITY ENGINEERING ERVICES, c IN~. ('it, il ~n!lineerinH · ,";ttrve.qin!t * l'ro. je('t 31ana!lenwnt OCT 2oo0 RECEIVED October 20, 2000 Collier County Government Community Development Services Division 2800 North Horseshoe Drive Naples, Florida 33942 Vanderbilt Country Club Waterford, Phase 3 Sewer Line Testing and Inspection To Whom It May Concern: Based on our review of the sewer video tapes, video reports, field inspections and lamping, the sanitary sewer system has been found to be in accordance with Collier County Land Development requirements. The sanitary sewer system for this phase of construction has been lamped and found to be in acceptable condition. Infiltration testing of the existing lines was performed and found to be within acceptable limits. No further testing was deemed necessary. Sincerely, COMMUNITY ENGINEERING SERVICES, INC. Cc: Rob Corbett S:~ng\vgce\PHASE3\WATRFORD\Turnover~gewer Test and Inspect Cert.doc 9200 Bonita Beach Road * ' ' 34135 .... · Bonita Springs, FL ' ' , (9~1) 495-0009 * f~ (941) 495-7934 94199?6645 PAINTS~COATINGS 059 P03 JUN 08 '00 16:13 tructure Rehabiliration!" To Whom It May Concern: ~L~i~e,wll~$ber3vin WiLliams Drana z..om ~ar qrp~,-y *..-,. , --~- sealer. Carl .x. Laquidara// Pres~deM 44ol llaflcocl( lJridl{e Parkway * Nth. Ft. Myers. FL 3301)3 ' q41-9~)7-064S * 941-qq7-7117 F.-~.~ COLLIER COUNTY UTILITIES WASTEWATER DEPARTMENT PROJECT VIDEO REVIEW DATE OF REVIEW: 7-7-00 PROJECT NAME: Vanderbilt, Phase 3, Waterford Tract 6 (North) Private ENGINEER OF RECORD:' CONSTRUCTION CONTRACTOR: VIDEO CONTRACTOR: Sewer Viewer COMMENTS: Lines and services acceptable RECOMMENDATIONS: ~ ACCEPTABLE: ~--~ REVIEW NUMBERED COMMENTS IN ONE YEAR: ~-----~NUMBERED COMMENTS UNACCEPTABLE: (REPAIR/REPLACE) ~ OTHER REO?~NDATIONS: COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION August 16, 2000 Planning Services Department 2800 North Horseshoe Drive Naples, 'Florida 34104 Ms. Cindy Yanosik Community Engineering Services 9200 Bonita Beach Rd., Ste. 213 Bonita Springs, FL 34134 RE: Vanderbilt Country Club Wedgewood & Water Fn~md Phase 3, Water & Sewer Dear Ms. Yanosik: A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering Review Section of the Planning Services Department on August 15, 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. Sincere~ ~ Randy Casey Engineering Inspector DN/ts/f:~Inspection form Water Sewer cc: Diane Deoss, Engineering Technician, Public Works Joe Cheathan, Wastewater Director, Utilities Paul Mattausch, Water Director, Utilities Evelyn Ferguson, D.O.R. Billing Supervisor Don Nobles,Engineering Inspections Supervisor Randy Case , En ineering Inspector ~i~l~lll~ng Tech. II, Engineering Review Section File Phone (941) 403-2400 Fax (941) 643-6968 www. co.collier, fl.us