Loading...
Fairway Preserve ApartmentsMEMORANDUM DATE: TO: FROM: August 7, 2001 Maureen Kenyon, Supervisor, Clerk to Board Shirley Nix, Engineering Technician II / Project Plan Review RE: Fairway Preserve Apartments @ Olde Cypress Water and/or Sewer Facilities Acceptance on -~?~/-L~,WfF !f3 '/, 200_ZThe Board of County Commissioners grante~'fin~l acceptance of the water and/or sewer facilities within the above-referenced project. Attached, please find the following recorded documents, in order: Utilities Facilities Subordination, Consent and Joinder 2. 3. 4. 5. UCC-3 Form Bill of Sale Utility Easement Utilities Facilities Warranty Deed Also, please find attached the following documents for your files. o 10. 11. 12. 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 Certification of pressure testing of sewer lines by Engineer of Record Memorandum to Maureen Kenyon, Supervisor, Clerk to Board Fairway Preserve Apartments Page Two 13. 14. Bacteriological clearances (DER certification) for water facilities DER Placement-in-Service letter for sewer facilities 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Contractor's Final Release of Lien Lab results on bacteriological'test for water lines Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements Contractual Guarantee for material and workmanship for a period of at least one year after the Board of County Commissioners' acceptance for both water and sewer facilities Payment of water usage, laboratory and administrative charges for filling, flushing and bacteriologically certifying water lines from invoice prepared by the Utilities Division Letter from fire district regarding ownership and maintenance of fire hydrants and certification of field fire flow capacity testing Copy of backflow prevention assembly test report Certification of the inflow/infiltration test for the sewer lines by Engineer of Record Coating certification of man holes, wet wells and dry well from manufacturer Electrical Contractor's certification on Pump Station electric service wire sizing and voltage drop, pursuant to National Electrical Code specification 26. Copy of pump station start-up report Memorandum to Maureen Kenyon, Supervisor, Clerk to Board Fairway Preserve Apartments Page Three 27. Copy of video tape test report 28. 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 29. 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 TtlE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 4413044 NAPLES, FLORIDA 34101-3044 ORIGINAL OFFICIAL RECEIPT When Validated BY: DALE DEPUTY CLERK RECEIPT: 3494307 NAME : PAYOR: REFNC: ENGINEERING REVIEW/S NIX BCC 113 138312 63 649030 DC: 5 DOCUMENTS DOC TYP FILE ID SUBORD 2839048 UCC 2839049 B SALE 2839050 ESMT 2839051 DEED 2839052 BOOK PAGE 2872 2298 2872 2301 2872 2303 2872 2306 2872 2310 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 RECORDING DEPOSITS REFUNDS AMOUNT 65.00 10.00 1.40 DEPT: RECORDING TOTAL DUE: 76.40 Pa e 01 of 01 This Instrument Prepared by: J. Thomas Conroy, III Morrison & Conroy, P.A. 3838 Tamiami Trail North, Suite 402 Naples, Florida 34103 2839048 OR: 2872 PG: 2298 R~CORD~D in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 08/08/2001 at 08:20A# D~IGH? ~. BROCK, CLgRI HC ~B! 15,00 Retn: SHIRLBY NIX/BNGINBBRIN$ RBVIH HORSBSHO! DRIVB UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND JOINDER given this ~ day of March, 2001 by KeyBank National Association, a national banking association (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. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage and Security Agreement dated August 1, 2000 and recorded August 4, 2000 in Official Records Book 2706, Page 2029, 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, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of water utility facilities, including potable and fire protection, over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any water utility facilities, including potable and fire protection, located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. Utilities Facilities Subordination, Consent and Joinder Fairway Preserve at Olde Cypress Page I of 2 OR: 2872 PG: 2299 IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Print~ame: Christine ~. Kaliszu~c KeyBank National Association, a national banking association its:~ Vice President STATE OF MI CH i GAN COUNTY OF IZOL:~I~_It WASHri'ENAW The foregoing Utility Facilities Subordination, Consent and Joinder was acknowledged beforemeby dames d. Celeski ,as Vice President of KeyBankNational Association, a national banking association, on behalf of the bank. He is personally know to me. WITNESS my hand and official seal this 2nd day of March, 2001. My Commission Expires: ~/~/~ q' Notary Public, State of ~ktm Michigan Lenawee, acting in Washtenaw County Christine E. Kaliszuk Printed Name of Notary Public Docs~FairwayPreserve. Utility Subordination Utilities Facilities Subordination, Consent and Joinder Fairway Preserve at Olde Cypress Page 2 of 2 *** OR: 2872 PG: 2300 PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 21, TOWN..RHIP 4.8 SOUTH, RANGE 26 [~$T. COLLIER COUNTY, . FLORIDA, BEING MORE PARTICUI. ARLY DESCRIBED AS FOLLOWS: COMMENC[~ AT THE SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 48 souTH, RAN¢.~E 26 £ASr, COU_IFR COIJNI'Y, FLORIDA; fHF. NCE J~UN N. 00'$5'37' W,, ALONG IHE EAST UNE OF TI'IR $OUTHFAST QUARfER Or' SAID sEcTION 21. I'0R A DISTANCE OF 100.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF A 100.00 FOOT COLUER COuHTY C. ANAL EASEMENT AND THE .P..Q]N'r OF B.EglHNING OF THE PARCEL OF LAND HEREIN DESCRIBED: THENCE CONTINUE N, 00'55'57" w., ALON0 ~-IE EAST LINE OF I'HE SOUTHEAST QUARTER OF SAID S[CT10N 21. FOR A DISTANCE OF 1241.79 FEET; THENCE NUN N. 85'4:~'18' W· FOR A DIS·lANCE OF J~l,14 FEET; THENCE RUN S. 51'47.'54' W. FOR A 015[ANCF. OF 90,45 FEET; THENCE RUN S. RUN $. RUN S. RUN N. RUN $. RUN N. RUN S, 06'01'48' E. FOR A DISIANCE 54'16'20' W. FOR A DISTANCE 35'55'$1' W. FOR A DISTANCE 81'09'+7' W. F'OR A DISTANCE "47'52'13' W, FOR A 01STANCE 61"57'41" W. FOR A 01STANCE 86~4.'09~ w. FOR A 01ST,(NCE OF 58,21 FEET; fHENCE OF 7§.82 FEET: THENCE OF 82,42 FEET; THENCE OF 135.8~ FEET; TIIENCE OF 70.09 FEET: D-tENOR OF 42.06 FEET: THENCI[ OF 96.19 FEET; THENCE RUN S. 26'06'56" w. FOR A DISTANCE OF 50.05 FEEY; THENCE RUN S, 60"17'2B' W. FOR A DISTANCE OF 5B.80 FEET TO A POINT ON THE W~ST LINE 01-' THC EAST HALF OF THE SOUTHEAST 0UARTER OF SAID SF. CTION 21;..,THEN .CE RI.IN S. 00'5(~'04' E., ALONG ll-tE Vd~ST. E1NE:OF THE EAST HAl_lC OF'.THE SOUTHEAST OUARfER OF THE SOUTHEAS'r CORNER OF SAID SECT101~ 21. FOR A ... DISTANCE.. OF 955.97'FEET TO A POINT ON THE NOR11.i~.RI, Y RICHT-=C)F- WAY LINE OF SAID 100.00 FOOl COLLIER' COUNTY CANAL [ASE~Mr.'NT; THENCE RUN"N. 89'09'28' E.,'ALONG SAID NORTHERLY RIGHT-OF- WAY MNE, FOR A 01STANCE' O~' 660.3t Ft. FT TO THE POINT BEGiNNING~CO~I1NI,flNG ~,6 4.50 ACRES. MORE OR NOTES: 3141~ PROPERLY.' IS SUBJECT TO EASEMENTS, RES[R'VAT1ON~'OR '"' RESTRICTIONS OF RECORD ......... · · . .... BEARINGS' Stl0WNiHEREON 'RF. FF..R TO lqtE EAST UNE OF THE SOUTHEAST QUARTER C~' SECTION 21, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N. 00'55'57" w. ABSTRACT OF Tll~ HAS NoT BEEN REVIEWED BY SURVEYOR. E.~RGNM':~T~ CO"~:ER"S: .u)U~ '"O~JL~T'O"S *ND' ,JURISDICTIONAL .W~TLANDS, IF ANY, HAVE NOT BEEN LOCATED OR o".';".'"'.:...".:':'.i ..:."'. ....' . .. .-..:........,...'"':.:.:'..' ....... : .: .. THIS SURVEY IS NOT VALID WlTHOUT THE SIGN~It~RE ANO ORIGINAl. RAISED SEAL OF A FLO~'~DA UCE~SED SURVEYOR ANO MAPPER. CERTIFIED TO:. FAIRWAY PRESERVE APARTMENTS AT OLOF. CYPRESS, LTD.,. A FLORIDA LIMITED PARTNERSHIP AMSOtJTH BANK : MORRISON & CONROY, P.A. ///t/ ATfORNEY'S 1~'I~E INSURANCE FUND. lNG, OUARLECJ AND BRADY /---- PCB ~ ~,.,,..,...~',r, I HER£RY CERr, FY 'mAT THE SKETCH or mE HEREON DESCRIBED PROPERTY WAS SURVEYED UNDER MY DIRF. C'I1ON ON 9/28/98. I FURTHER C[R'NFY THAT ~4lS SURVEY ME[TS THE MINIMUM T~CltNICAL PURSUANT TO CHAPTER 61G17-6, F.A,C. .~,~k!7. [0w IDB. OD' HOl.~, MONTES & ^SSOCIAT[S. INC. ........ ID772 % ' ' POC ..... THOMAS J, G^RRi~ BOUNDARY SURVEY OF A PORTION OF  'THE SOUTHEAST 1/4- OF SEC 21, 'I'WP, 48S., RGN. 26E. '~LI..LER (](.)IJNI Y STATE.O? FLORIDA · .... ' J~R^.~ .O. ....... ~'['"'A--986--1 /PNoJ~CT NO. J 1997076 J~EFER[NC~ NO. FI C)RII'JA JSE1 4S21-1 STATE OF FLORIDA UNIFORM COMMERCIAL CODE STATEMENT OF CHANGE FORM UCC-3 (REV. 1993) This Statement of Change is presented to a filing officer pursuant to the Uniform Commercial Cede: 1. Debtor (Last Name First if an Individual) la. Date of Birth or FEI~ Fairway Preserve Apartments at Olde Cypress, Ltd. 59-3537104 lb. Mailing Address lc. City, State ld. Zip Code 4288 Silver Fox Drive Naples, Florida 34119 2. Additional Debtor or Trade Name (Last Name First if an Individual) 2b. Mailing Address 2a. Date of Birth or FEI~ 2c. City, State 2d. Zip Code 3. Secured Party (Last Name First if an Individual) KeyBank National Association 3c. Zip Code 48107-8612 3a. Mailing Address 100 South Main Street 3b. City, State Ann Arbor, Michigan 4. Additional Secured Party (Last Name First if an Individual) Mailing Address 4b. City, State 4c. Zip Code 6. A. [~] Continuation- B. ~__ ~Relesss- C. ~ Full Assignment - D. ~] Partial Assignment- E. [~ Amendment- F. ~[ Termination- G. [~[ Other- This Statament refers to original Financing Statement bearing file number: O.R. 2708, Page 3245 flledon 8/10/2000 The orlglrml Financ~ng SMtemeflt between Ihe I)ebto~ and Secured Party bearing lhe file number ~hown above Is continued. The Secured Parly releases the collateral cl~ In Block 7 bek)w h'om the Financing Statement bearing the file number shown above. RELEASE DOES NOT TERMINATE LIEN AGAINST DEBTOR. All of the Secured Party's Hghts under the F]n~tclng S~atefnefll heve been asslgnad Io Ihe aselgnse whose name and ~ddrese I,, ~town In Block 7 bo~ow. Someof Secured Party's rights unde~ the Financing Staternam have been-selgnad to the assignee whose name and address is show. in Block 7, A desertptlon of ~he collateral subject to the a~lgnment is also shown In Bk~k 7. The Financing Slatemenl bearing the file number shown above is amended as set forth In Block 7. (See inatructions fo~ signature requirements.) The Secured Party no lo.get claims an IntereM unde~ the Financing Ststemenl bearing the file number shown above. Utility Facilities Subordination, Consent and Joinder in favor of the Board of County Commissioners of Collier Countv. Flor,ida Description of collaleral released or assigned, Assignee name and address, or amendment. Use additlofial sheet(s) If necessary. See Exhibit "A" attached hereto 8. Signature(s) of Debtor(s): (only if amendment - see Instructions) Nattonal Assoctatton By: ant 10. Number of Additional Sheets Presented 11. Return Copy to: Name Address Address City, State, Zip J. Thomas Conroy, III Morrtson & Conroy, P.A. 3838 Tamiami Trail North, Ste. Naples, FL 34103 403 This space for use of Filing Officer 2839049 OR: 2872 PG: 2301 lllCO~DlD in OI~FICIAL ~COP, D$ of COLLIIR COIlllYl, ~I, 08/08/2001 at OS:20AH DIIGHY I, BIIOC[, CLH[ IBC HI lO. 50 le~: BHIRLIY NII/IN$INHRIIIG RBVIB# HORflSHO! DI~IVS ,:,, ,,,,,~ ,~,:,:,~,:o ,--nov STANDARD FORM - FORM UCC-3 Approved by Secrotary of State, State of FIorida 6:, ERENCI~t) ~N ;~. .I I ~, 'CORESS · ~ENCEO IN ', '. 747 I '1 ?':" I.':.:: I · I - 30.00 EOAD"I^Y F. ASEMLNI P.L!'[.:R£NC[D Itl O.R. 1'/3 P. 5G C OtJ N 1 T' *** OR: 2872 PG: 2302 * PROPERTY DESCRIPTION A PARCEL OF' LAND LOCAI~0 IN Tile SOUTHEAST QUARTER OF' SECTION 21. TOWN.?.HIP .48 SOUTH. RANG£ 25 EAST. COLLII[R COUNTY, . rLORIOA. BEING MORE PARTICULARLY 0[SCRIB[O AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 21. TOWN~~HIP 48 souTH, RANGE 26 E. AST. COLLI~'R COUNI'Y, FLORIDA: THENCE RUN N. 00'5§'57° W., ALONG 1HE EAST UNE C~' THE SOUTHIr'AST OUAR[Et~ Or SAIO SECTION 21, t'OR A DIS'rANCE OF I00.00 FEET TO A POINT ON THE NORTHERLY EIGHT-OF-WAY UNE Otr A 100.00 FOOT CULuER COUNTY CANAL EASEMENT AND THE P._OINI' OF BE~dHNING OF 1~1[ PARC~.L OF LAN0 HEREIN OESCRIBED: THENCE CONllNUE N. 00'55'5T' w.. ALONG THE EAST LINF. OF file SOUTHEAST QUARTER OF SAIO S[C110N 21, FOR A 01$TANC£ BP' 1241.79 IT'll. ET; THENCE NUN N. 85'42'18' W. FOR A GISTANCE OF 1~1,14 FEET: I~IENCE RUN $. 51'42'54' W. ~'OR A OIS rANCE OIr 90..t.~ .FEET: THENCE RUN S. 06'01'48; E. FOR A 01SIANCE' OF J1~.21 FEET; ftlENCE RUN S. 54'16'20' W. f~ A DIST~CE OF 7B.82 ~ET: ~4~CE RUN S. 55'~5'51' W. F~ A OISTAN~ OF ~2,42 FEET: TH[N~ RUN N. 81~'47' W. FOR A DIST~CE OF 159.8R ~ET; ~IENCE RUN ~ "47~2'13' W. FOR A ~ST~CE ~ 70.09 ~ET: ~ENC5 RUN N. ~1'~T41" W. F~ A 01STAN~ 0F 42.06 FEET: ~ ~N S. 86~4'09' w. F~ A 0~XNCE ~ 96.1g FEET; ~ENL~ RUN S. 26'06'36" W. FOR A DISTAN~ ~ 59.05 FEE?; ~CE RUN S. 60'1T28' w. FOR A DISTANCE OF 58.60 FEET TO A POINT ON THE wEST UNE OI-' TH~ EAST HALF OF THE SOUTHEAST QUARI'ER OF SAID SF. CTION 21;-,lq-lENCE RUN .~. 00'~6'04' E. ALONG THE WEST. ONE:OF THE EAST I:IAL~. 0F'.THE Sou'ri:lEAST '? OUARI'ER OF THE SOLITH[AS1 CORNER OF SAID SEc'noN. 21. FOr( A ... DISTANCE OF 955.97'FEET TO A PONT ON THE NORI~i~:R. LY RIGHT-.OF- WAY UNE OF ~,~AID 100.00 FOOl COLLIER' COUNTY CANAL EASEMF.~NT; THENCE RUN"N. Bg'09°28' .E..'ALONG SAID NORTHERLY RIGHT-OF- WAY UN~ FOR A 01STANCE O~' 660.5t FILET TO THE POINT BEGINNING.. C.0JqTtNi. JtNG 1~ 4..~15 AC. RI_r~ MORE OR NOT[S: " ; ....... .~,s PRoeERW: ,s SUedec~t rD EA~oie~si~. r~vA~ONs'OR ':' .. ..'" ; · .. EL~.ARiNG~' SIiOWN[HERIrON 'RF,.FF,,.R TO THI~'. EAST UNE OF' THE " ; SOUTHEAST OUARTER OF SECTION 21, TOWNSHIP 4~ SOUTH. RANC[ 26 " EAST, COLLIER COUNTY. FLORIDA. AS BEING N. 00'55'37' W. : . ABSTRACT OF Til1,[ HA~ NOT BEEN REVIEW[0 BY SURVEYOR. .. dURISDICTIONAL .~I~I'[.ANOS, IF ANY. HAVE: NO.T 0EEN LOCAI'I[D OR THIS SuRVEY IS NOT VALID W~THOU'I' THE SIGN;1GR[ ANO ORIGINAL RAISED SEAL OF A FLORIDA UC~SED SURVEYOR AN0 MAPPER.. C['RT1FIEO TO:. FAIRWAY F;REIERVE APAR'I~ENTS AT OLDE CYPRESS, LTD... A R,ORIDA UMIT[D PAR'I~/'F. RSHIP AMSOUTH BANK : MORRISON ~z CONROY. P.A. AI'rORNr'Y'S 1¥11.E INSURANCE FUN0, INC. 0UARLES AND BRADY I HERE, AY CERTIFY THAT 1HI~ SKETCH OF THE HEREON 0[SCRIBE0 PROPERTY WAS SURVEYED UNDER MY OlRECllON ON g/28/gB. I FURTHER CERllFY THAT THIS fiURVEY ME[TS THE MINIMUM TECHNICAL , STANDAROS Ir0R LAN0. SURVI~flNG IN THE .STAT[ OF FLORIOA PURSUANT 1'0 CHAPTER 51G17-6. F.A.C. I' HOI.~, IdON'r[s &: A"~SOCIA17~S. INC. ... CERT1FICA'rE OF AUTHORIZAllON LB THOMAS J. C^RRIS BOUNDARY SURVEY OF A PORTION OF 'file sOUTHEAST 1/4- OF' · % SEC. 'rwP48.., RGN. 26E. STAT~.'O? FLORIOA ....... ~i:'"'A-986-1 Fl. ONIf)A I~o,a:GT NO. 1997076 ~F~ NO. S£14S21-1 This Instrument Prepared by: J. Thomas Conroy, III Morrison & Conroy, P.A. 3838 Tamiami Trail North, Suite 402 Naples, Florida 34103 2839050 OR: 2872 PG: 2303 R~CO~]D in O~ICIIL It~CORDS of COLLIBR COUNTL FL 08/08/2001 at 08:20AH DMIGH? ~. BROCK, CLERK RgC ~H 15.00 Ret. n: SHIRLI¥ IlI/B~GINI~RING RgVlH XI? 558~ UTILITIES FACILITIES BILL OF SALE THIS BILL OF SALE evidencing the sale and conveyance of the water utility facilities, including potable and fire protection described herein is made this o?% day of ~:~.~ , 2001 by FAIRWAY PRESERVE APARTMENTS AT OLDE CYPRESS, LTD., a Florida liSnited partnership (hereinafter referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Buyer"). WITNESSETH: That said Seller, for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyer's heirs, successors and assigns forever, all those certain water utility facilities, including potable and fird protection, lying within the following described land, together with appurtenant easements rights for the operation, installation and maintenance of said water utility facilities, including potable and fire protection, situate, lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as the water utility facilities, including potable and fire protection, 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 and plural, as the context requires. IN WITNESS WHEREOF, SELLER has caused these presents to be executed the date and year first above written. Print Name: ~-dtol>~o~ ~-. ~'~77-e,e sa,o FAIRWAY PRESERVE APARTMENTS AT OLDE CYPRESS, LTD., a Florida limited partnership By: FAIRWAY PRESERVE APARTMENTS AT OLDE CYPRESS, a Florida By: c°~_s°~er Frar~P. Potestio, Jr. Its: President (CORPORATE SEAL) Utilities Bill of Sale Fairway Preserve at Olde Cypress Page 1 of 2 OR: 2872 PG: 2304 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Bill of Sale was acknowledged before me by Frank P. Potestio, Jr., as President of Fairway Preserve Apartments at Olde Cypress, Inc., a Florida corporation, as sole general partner of Fairway Preserve at Olde Cypress, Ltd., a Florida limited partnership, on behalf of the partnership and the corporation. He is personally know to me. WITNESS my hand and official seal this ,~?~day of ~,4~~._ , 2001. Notary Public, State of Florida My Commission Expires: ~,~ a~ Printed Name of Notary Public SANDRA S. PATTERSON NOTARY PUBLIC - STATE OF FLORIDA COMMISSION # CC929869 EXPIRES 6/I/2002 BONDED THRU ASA 1-888-NOTARY1 DocsLFainvayPreserve. Utility. Billo fSale Utilities Bill of Sale Fairway Preserve at Olde Cypress Page 2 of 2 02/26/01 M0N 16:38 FA][ 19412542099 LI ff1772 ~/, E OR"' ¥~ ERENC~D iN If,_, .I I '£ORESS · ~£NCEO IN '.' {I ' 74? I - ~0.0,.I P..oAr,'v^Y F. ASEML,"II F:L!'f.'.F<ENCFD itl B.P. 1'/3 P. 56 HOLE JI. ON'I'P.;5 *** OR: 2872 PG: 2305 PROPERTY DESCRIP'RON A PARCEL OF LAND LOCATE0 IN THE SOUTHEAST QUARTER OF SECTION ?.1, TOWNSHIP ~§ SOUTH, RhNGE 26 EAST, COLLIER COUNTY, . FLORIDA, BEING MORE PARTICUI..ARLY OF'SCRIBED AS FOLLOWS: COMMENC5 AT 'PHE SOUTHEAST CORNER OF SECTION 2% TOWNSHIP 4§ sOUTH, RANOE 26 EASL COLLIER COIJNI'Y, FLORIDA; fHENCE RUN N. 00'55'.37' W,, ALONG 1HE EAST UN[' OF THE SOUTHEAST QUARI'ER 01:' SAID SEC'flON 21. FOR A DISTANCE OF lOO.00 FEET TO A pOINT ON THE NORTHERLY RIGHT-OF-WAY LiNE OF A 100.O0 FOOT COLLIER cOuNTY C. ANAL EASEMENT AND THE POINT OF I~_E,C-INNING OF TI. IF. PARCEL OF LAND HEREIN OE.c;,CRiBED; THENCE CONTINUE N, 00'55'3~ w., ALONG 'file EAST LiN[ OF I'H[ SOUTHEAST QUARTER OF SAIB SECTION 21. FOR A DISTANCE OF 17.4.1.79 FEET; THENCE NUN N. 85'42'18" W. FOR A DISTANCE OF 51,14 FEET; THENCE RUN $. 51'42'54" W. [,'OR A OI51'ANCE OF 90,.l..~ FEET: THENCE RUN S. 06'01'4E{" E. FOR A BIS[ANCE OF 5B.23 FEET; I]i£NCE RUN S. 5¢~6'20" W. FOR A DISTANCE,, OF 78.82 FEET; THENCE RUN $. 35'53'51" W. FOR A DISTANCE OF §2,42 FEET; THENCE RUN N, D1'09'~7' W. F'OR A DISTANCE OF 155,86 FEET; TIIENCE RUN S, "~7'52'13" w. FOR A DISTANCE OF 70,051 FEET: THENCE RUN N, 61'~7'4.1" W. FOR A 01STANCE OF 42,O6 FEET; ll-IENCE RUN S, 86'"24"09~ W. FOR A Dk<;,T,~NCE OF 96.19 FEET; I'HENCE RUN S. 26'06'36" W. FOR A DISTANCE O1:' 59,03 FEi:Y; THENCE RUN S. 60'17'28' W. FOR A o~$TANCE OF 58.60 FEET TO A POINT ON THE W~.~T LINE 01-' THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SE'ETlON 21;-,-THF..NCE RUN S. 00'56'04" E.. ALONG 'IHE WCST.EtNE;OF THE EAST HAU~ OF'.THE souTHEAST OUARTER OF ~HE SOUTHEAS'f CORNER OF SAID SEC330N~ 21. FOR A ... DISTANCE OF 955.97'F'E-ET TO A POINT ON TH[ NORI'[i~.RI.Y R1CHT-..OF- WAY LINE OF SAID ~00.00 FOOl COLLIER' COUNTY CANA~ EASEMENT; THENCE RUN"N. 89'0{)'28' E.,' ALONG SAID NORTHERLY RiGHT--OF- WAY UNE, FOR A DISTANCE' OV 660.51 FEET TO THE POINT .~-~ BEGiNNiNG,. COnTiNUING 1.,5 ~50 ACRES, MORE OR LES~ NOTES: ..... .TI-I,S PROPERLY.' mS SUBJECT TO EA~EI~r:'N:TS, RESER*VATIONg OR ·-* ," RESTRICTIONS OF RECORD ........ : .... .. BI[ARINGS* SttOlh%I~HEREON 'RE, FER TO THE EAST UN~. OF 3HE ' · . SOUTHEAST QUARTER OF $[C31ON 21, TOWNSHIP 48 SOUTH, RANC£ 26 " EAST, COLLIF_.R COUNTY, FLORIDA, AS BEING N. OO'55'37" W, . .. : ". ABSTRACT OF' TI~[.[ HAS NoT BEEN REVlEWI[D BY SURVEYOR. '' ENV~R6NMENTAL COI~CERNS~ WILDUI~ 'POPU~TIONS AND' ' I duRISDIC~ONAL ~*~NOS, IF ANY, HA~ NoT BEEN LOCATED OR ."..'~.' ... ~' '.."." '.....'.:;'."':.;-;,:.; '.." ' . ,'" ".":"' NO'~O' IN. ~IS ~UR~Y, .', ' - '. ', ' . , ' ': ,: .. ~ .,....' ' ' ' '.." ': .'*' ". ' ~,s p',o~,w'w~'~d;"~ ,/~)~7." ' .. :..""('," ...... N00'55'37'W tO0,00' ""CU.~PD NAIL POC *'- 5.E. COP. --bEC, 21-~..26 -W) - THIS SURVEY IS NOT VALID WITHOUT THE SIC.~I~RE ANO ORIOINAt. RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AN0 MAPPER.. CERTIFIED T~ FAIRWAY F~RESERVE ApART~I~,ITS AT OLOF. CYPRESS, LTD., . A FLORIDA L1MITED PARTNERSHIP AMSOUTH BANK : MORRISON ~ CONROY, P.A. AT[ORNEY'S ~'1~.. INSURANCE FUND, INC, 0UARLES AND BRADY I H['RERY CERTIFY THAT 1H[ SKETCH 0F THE HEREON 0ESCRIBE0 PROPERTY WAS SURVEYED UNDER MY 01REC31ON ON 9/2.8/98. I FURTHER C~.R'I'IFY THAT Ti~l$ SURVEY M[[..TS TI-IR MiNiMUM TECHNICAL , STANDARD5 FOR LAND. SURVI=~YING IN 'I'HE ,STATE OF FLORIDA PURSUANT T0 CHAPTER 61G17-6, HOI. F... MONTES &. ASSOCIATES. INC. CERTIFICATE OF AUTHORIZATION LB ~1772 THOMAS J, CARRIS BOUNDARY SURVEY OF A PORTION OF THE sOUTHEAST 1/4 OF ,-,EC. 21, TWP. 48S. RGN. 266.. FLORII')A STAT'~,'OF FLOR1OA PI¢O,I~.CT NO, 997076 R[FCR~C~ .NO. SE14S21-1 This Instrument Prepared by: J. Thomas Conroy, III Morrison & Conroy, P.A. 3838 Tamiami Trail North, Suite 402 Naples, Florida 34103 2839051 OR: 2872 PG: 2306 RgCORDID in O[FIClAL IliCOitDS of COLLIgR COUNTY, FL 08/08/2001 at 08:20A!! D~IGHT 11, BROCL CLBRI Retn: HORSgSl0~ ORIVg DOC-,?O 19.50 .70 UTILITY EASEMENT THIS EASEMENT, granted this o~'7~day of ~~ ,,t~,.,7/.~ ,2001, by FAIRWAY PRESERVE APARTMENTS AT OLDE CYPRESS, LTD., a Floritda limited partnership, whose address is 4600 St. Croix Lane, Naples, Florida 34109, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER cOUNTY WATER-SEWER DISTRICT, its successors and assigns, whose address is 3301 East Tamiami Trail, Naples, Florida 34112, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt whereof is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain water utility facilities, including potable and fire protection, in, on, over and under the following described lands being located in Collier County, Florida, all County utility easements indicated CUE for installation and maintenance of its facilities. Grantee agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landscaping installed by the Grantor within the easement area, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining the water utility facilities, including potable and fire protection. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. Print Name: FAIRWAY PRESERVE APARTMENTS AT OLDE CYPRESS, LTD., a Florida limited partnership By: FAIRWAY PRESERVE APARTMENTS AT OLDE CYPRESS, a Florida By: c~er Frank P. Potestio, Jr. IJ Its: President (CORPORATE SEAL) Utility Easement Fairway Preserve Apartments at Olde Cypress Page 1 of 2 OR: 2872 PG: 2307 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Easement was acknowledged before me by Frank P. Potestio, Jr., as President of Fairway Preserve Apartments at Olde Cypress, Inc., a Florida corporation, as sole general partner of Fairway Preserve Apartments at Olde Cypress, Ltd., a Florida limited parmership, on behalf of the partnership and the corporation. He is personally know to me. WITNESS my hand and official seal this ~ ~day of <::~z~b~,~( - , 2001. Notary Public, State of Florida My Commission Expires: Printed Name of Notary Public SANDRA $. PATTERSON NOTARY PUBLIC - STATE OF FLORIDA COMMISSION # CC929~69 EXPIRES 6/1/2002 BONDED THRU ASA 1-88~NOTARY1 Docs~F airwayPreserve. Utility. Eascment Utility Easement Fairway Preserve Apartments at Olde Cypress Page 2 of 2 OR: 2872 PG: 2308 02/26/,01 MON 16:38 FAX 19412542099 ' 30.00 RI.'..IAFV VAY ~' A~l: ~L,'"I I p_/[I,~_H.:.L ITl O.R. '/I I;, .% EGRESS RENCED 1N 74! N00'55'37"W 100.00' POC )%LI..IER HOLE ~IONTES 1~002 *** OR: 2872 PG: 2309 PROPERTY DESCRIPTION A PARCEL, OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 21. TOWNSHIP 4,8 SOUTH. RANGE 26 EAST, COLLIER COUN'rY, . FLORIDA. BEING MORE PARTICU/.ARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE 50UTHEAST CORNER OF SECTION 21, TOWNSHIP 48 SOU'fH, RAN(.~E 26 EAST, COLLIER COIJNIY, FL.ORIDA; [HENCE RUN N. 00'55'37" W,, ALONG 'IHE EAST LINE OF THE SOUTHEAST QUARTER O1:' SAID SECTION 21, FOR A DISTANCE OF 300.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE of A 100.00 FOOT COLLIER COUNTY CANAL EASEMENT AND THE E.oINr 0F ~..E~I. LqNING OF THE PARCEL OF LAN0 HERBN DESCRIBED: THENCE cONTINUE N, 00'55'37" W.. ALONG THE EAST LINE OF I'HE SOUTHEAST QUARTER OF SAID SECIlON 21. FOR A DISTANCE OF ~24,1.79 FEET; THENCE NUN N. 85'42'~8'" W FOR A DISTANCE OF 51.14 FEET; THENCE RUN S. RUN S. RLIN S. RUN S. RUN N. RUN S, RUN N. RUN S, 5F42'54" W, FOR A OlSFANCE OF 06'01'48" E. FOR A DIS lANCE OF 54'16'20" W. FOR A DISTANCE OF 55'55'51" W. FOR A DISTANCE OF 81'09'4,7" W. FOR A OiSTANCE OF 4752'33" W. FOr{ A DISTANCE OF 61'37'41" W. FOR A 01STANCE OF 86'24,'09~ w. FOR A D~STANCE OF 90,4,3 FEET'; THENCE JB.21 FEET; HIENCE 75.82 FEET: THENCE 82,4-2 FEET; ]'HENCE '155.86 FEET; TIIENCE 70.09 FEET: THENCE 4.2.06 FEET; THENCE 96.1g F£ET; THENCE RUN S. 26'06'56" W. FOR A DISTANCE of 59.03 FEET; THENCE RUN ~, 6017'2B"' w. FOR A DISTANCE OF 58. G0 FEEl' TO A POINT ON THE W~ST LINE OF' THE EAST HALF OF THE .~OUTHEAST QUARTER OF SAID SF. CTION 2I;."THENCE RI,IN S. O0'56'04' E.. ALONG IHE WEST. UNE' Of TItE EAST HALE OF'.THE Sou'rMEAST ';" QUARTET[ OF THE SOUTHEAS'i CORNER OF SAID SECTION' 21. TOff A .. DISTANCI[ OF 955.97.FE/T TO A POINT ON THE NORTHE.RI,,Y RIGH'F=OF- WAY LINI'- OF SAID 100.00 FOOl COLMER' COUNTY CANAL EASEMENT; THENCE RUN' N. 89'09'2B' E.,'ALONG SAID NORTHERLY RIGHT-,OF- WAY LINE, FOR A DISTANCE Gl;' 660.31 FEET TO THE POINT BEC NN NGL_.C,Q~TIN,,~ NC, !.5 4.50 ACRE,5 MORE OR NOTES: ll-II-~ PROPERTY IS SUBJECT *l"O EASEI~ENTS, RESER'VA'TIONS"OR .... RESTRICTIONS (~*F' RECORD ....... BEARINGS SIt0WN HEREON 'RE. FER TO TI·IE EAST UNE OF THE SOUTHEAST QUARTER Of sECllON 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST· COLLIER COUNTY, FLORIDA, AS BEING N. 00'55'37" W. ABSTRACT OF TITLE HAS NOT BEEN REVlEWED BY SURVEYOR. ENVIRONMENTAL CONCERNS~ ~LOU~ POPULATIONS AND' JURISDICTIONAL WETLANDS, IF ANY, HAVE NOT BEEN I..OCATE0 OR NOTED IN. THIS SuRvEY, . . . TH'S PROPERTY' WAS VACANT 11/~.)c~.'' ':" THIS SURV~.Y tS NOT VALID WlTHOUT THE SIGN,.~IURE AND ORIGINAl.. RAISED 51ZAt. OF A FLOI;~IOA LICENSED SURVEYOR AND MAPPER. CERTIFIED TO: FAIRWAY PRESERVE APARTMENTS AT OLDE CYPRESS, LTD., A FLORIDA LIMITED PARTNERSHIP AMsOUTH BANK : MORRISON &: CONROY, P.A. ATTORNEY'S T1TI.E INSURANCE FUND, INC, OUARLES AND 8RAOY I liEREBY CERTIFY THAT 1HE SKETCH OF THE HEREON DESCRIBEO PROPERTY WAS SURVEYED UNDER MY DIRECTION ON 9/2.8/98. I FURTHER CERTIFY THAT TI41$ SURVEY MEETS 'FHC MINIMUM TECHNICAL . STANDARDS FOR LAND. SURVEYING IN THE .STATE OF' FLORIDA PURSUANT TO CHAPTER 61G17-6. F.A,C. i~1o~, MONTES · ASSOCIATES. lNG. CERTIFICATE OF AUTHORIZATION LB ~17'72 B Y: ,._~,,f. ,,'E4,,'"' '"~": THOMAS J, CARRIS BOUNDARY SURVEY OF A POR'1-10N OF /-HE sOUTHEAST 1/4 OF SEC. 21, 'FWP 48 .... RGN. 26E, This Instrument Prepared by: J. Thomas Conroy, III Morrison & Conroy, P.A. 3838 Tamiami Trail North, Suite 402 Naples, Florida 34103 2839052 OR: 2872 £U', 60 A~ RBCORDBD i~ OFFICIAL RBCORDS Of COLLIBR COUNTY, ~L 08/08/2001 at 08:20AM DWIGHT ~. BROCK, CLNRK DOC'.70 .70 Ret. n: 8HIRLNY NIX/NNGINNBRIN$ RNVINW HORSBHHO! DRIV! UTILITY FACILITIES WARRANTY DEED THIS INDENTURE made this oV'7~day of ~/_,~ ~ ,2001, between FAIRWAY PRESERVE APARTMENTS AT OLDE CYPRESS, LTD., a l~orida limited partnership, whose principal offices are at 4288 Silver Fox Drive, Naples, Florida 34119 (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, whose address is 3301 East Tamiami Trail, Naples, Florida 34112 (hereinafter referred to as "GRANTEE"). WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, the water utility facilities, including potable and fire protection, lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said water utility facilities, including potable and fire protection, situate, lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) and said Grantor does hereby fully warrant the title to said water utility facilities, including potable and fire protection, and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the water utility facilities, including potable and fire protection conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A". Grantor and Grantee are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. Print Name: FAIRWAY PRESERVE APARTMENTS AT OLDE CYPRESS, LTD., a Florida limited partnership By: FAIRWAY PRESERVE APARTMENTS AT OLDE CYPRESS, a Florida corporation, its sole general partner By:~ ~rr~n~ P. Potestio, Jr. ~/x. Its: Pr~,s/dent (CORPORATE SEAL) Utilities Facilities Warranty Deed Fairway Preserve Apartments at Olde Cypress Page 1 of 2 OR: 2872 PG: 2311 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Facility Warranty Deed was acknowledged before me by Frank P. Potestio, Jr., as President of Fairway Preserve Apartments at Olde Cypress, Inc., a Florida corporation, as sole general partner of Fairway Preserve Apartments at Olde Cypress, Ltd., a Florida limited partnership, on behalf of the partnership and the corporation. He is personally know to me. WITNESS my hand and official seal this o~ ??day of ,2001. Notary Public, State of Florida My Commission Expires: Printed Name of Notary Public SANDRA S. PATTERSON NOTAII~Y PUBLIC - STATE OF FLORIDA COMMISSION # CC929869 EXPIRES 6/1/2002 BONDED THRU ASA 1-888-NOTARY1 Docs~FairwayPreserve. UtilityWarrantyDeed Utilities Facilities Warranty Deed Fairway Preserve Apartments at Olde Cypress Page 2 of 2 02/26/01 MON 16:38 FAT. 19412542099 LI / ~1772 HOLE MONTES *** OR: 2872 PG: ERENC~O IN p, k'£0RES$. ~ENCEO IN '. 74/ ' 31:l,(k~ P. OAr)'VAY F.A'~EMLHI PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUArTeR OF SECTION 21, TOWNSHIP .4.8 SOUTH. RANGE 26 fLAST, COLLIER COUNTY, · FLORIDA. BEING MORE PARTICULARLY 0ESCRIBE0 AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION soUTH, RANGE 26 EAST, COLLII:'R COIJNfY, FLORIDA; [HENCE RUN N. 00'55'37' W,, ALONG 'IHE EAST UNE OF THE SOUTHEAST QUARTER OF' SAID SECTION 21, FOR A DISTANCE OF 1(30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LiNE OF A 100.O0 FOOT COLUER COUNTY CANAL EASEMENT AND THE P..PiN'r OF I~.[~INNING OF THE PARCEL OF LAN[.) HEREIN DESCRIBED: THENCE CONTINUE N. 0[;'55'37' W.. ALONG THE EAST LINE OF I'H~ SOUTHEAST QUARTER OF SAID 5~CTION 21. FOR A DISTANCE 0[" 17.41.79 FEET; THENCE RUN N. 85'4.2.'18" W. FOR A OIS1'ANCE OF ~1.14 FEET; THENCE RUN S. 5f'4~'54' W. FOR A DISTANCE OF 90..k", FEE3'; THENCE RUN S. 06'01'48" E. F'OR A DIS[ANCE QF 5~.21 FEET; I'IiENCE RUN 5. 54'16'20" W. FOR A BISTANCF.. OF 78.82 FEET; 1%IENCE RUN S. 35'5.5'5]" W. FOR A DISTANCE OF 02.4.2 FEET; THENCE RUN N. n1"09'.4.7' W. F'OR A DISTANCE OF 155.86 FEET; TIIENCE RUN S. '47'52'13" w. FOR A DISTANCE OF 70.09 F'I[ET: THENCE RUN N. 61'~7'41" W. FOR A 01STANCE. 01'- 42.06 FEET; THENCE RUN S. B6'24.'09' w. FOR A 01STANCE OF 96.19 FEET; THENCE RUN S. 26°06'36" W. FOR A DISTANCE OF 5g.03 FEET; THENCE RUN S. 60'17'28' W. FOR A D~STANCE oF 58.60 FEET TO A POINT ON THE W~.ST LINE OF' TH[ EAST HALF OF THE SOUTHEAST QUARTER OF SAID SF. CTION 21;-,-THENCE R,,)N .~. O0'5§'04' E.. ALONG '[HE WEST, EINE:OF 'n!E EAST HAL~ OF'.THE Sou'rI~IEAST OUARTER OF THE S0uTHEASI' CORNER OF SAID SECTION'. 2.1. FOR A ... DISTANCE OF 953.97 . FEET TO A POINT ON THE NOR1'I.iER. I.Y RIGHT-.OF- WAY LINE OF SAID 10Q.O0 FOOl COLUER' COUNTY CANAL EASEMENT; THENCp RUN"N. §9'09'2B" E,..'ALONG SAID NORTHERLY R~GHT-oOF- WAY UNE, FOR A 01STANCE OF 660.5', FEET TO THE POINT OF_ 8EGiNNiNGL._.C,Q. NTIN,,,I,,NG 1~ 4.50 ACRE.~ MORE OR NOTES; .THIS PROPER"~,' IS SUBJECT TO EA~EI~'N:I'~. RESER'VATIONS"OR -'."RES~R,C~ONS OF RECORD ......... ' , .,BEARINGS;' Stt0WN 'HEREON 'RE, FER TO THE EAST UNE OF' THE SOUTHEAST QUARTER OF S£CTtON 21. TOWN.SHIP 48 SOUTH, RANC£ 26 EAST, COLLIER COUNTY. FLORIDA. AS BEING N. 00'55'37" W. ABSTRACT OF TITLE HAS NOT BEEN REVIEWED BY SURVEYOR, ENV~RdNMENTAL COI~CERN~: WILDU~E 'PoPuLATIONS ANO' THIS SURVEY IS NOT VALID WlTHOUT THE SIGN~,It~RE AND ORIGINAl.. RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER.. N00'55'3?"W ........ ,oo. oo. F'i'R;'"~'"r"~" " "" C;U.~D P. AII. 7__. ". POC .... 5.E. CGR. ~.,t- C. 21- ~.~.-26 duRISDIC'nONAL Wt,."I~.ANDS, IF ANY, HAVE NoT BEEN LOCATED OR C 0 U N ~ 'f CERTIFIED TO:. -W) - FAIRWAY F;RESERVE APARTMENTS AT OLC)F. CYPRESS, LTD.. A FLORIDA LIMITED PARTNERSHIP AMSOUTH BANK : MORRISON A CONROY. P.A. ATTORNEY'S TITLE INSURANCE FUND. INC. OUAR!..ES AND BRADY I~. UUZ I HERERY CERtiFY THAT 1HE SKETCH OF THE HEREON DESCRIBE0 PROPERTY WAS SURVEYED UNDER MY DIRECTION ON g/:?.8/gB. 1 FURTHER CERTIFY THAT TI41$ SURVEY MEETS THE MINIMUM TECHNICAL · STANDARDS FOR LAND. SURVEYING IN THE.STATE. OF' FLORID~ FI.t')RII')A PURSUANT TO CHAPTER 51G17-6, F.A.C. {, HOI. E, I,,tONTE~ ~ A~SOCIATE:$. INC. CERTWICA'I%' OF AUTHORIZATION LB #177~ BOUNDARY SURVEY OF A PORTION OF THE sOUTHEAST 1/4- OF SEC. 21, TWP. 485., RGN. 266. '. .' P.L:S.',~ ST:\T~.'O~r FLORIDA · '... ' ORA~MNG- NO. :'"'A-986-1 [P~O~CT NO, 1997076 REFCR~C~: ,NO. SE1 4S21-1 This Instrument Prepared by: J. Thomas Conroy, III Morrison & Conroy, P.A. 3838 Tamiami Trail North, Suite 402 Naples, Florida 34103 UTILITIES FACILITIES OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Frank P. Potestio, Jr., who to me is well known, and having been duly sworn and under oath, deposes and states: 1. My name is Frank P. Potestio, Jr. I am over the age of twenty-one (21) years, am sui juris, and have personal knowledge of the facts contained herein. 2. Fairway Preserve Apartments at Olde Cypress, Ltd., a Florida limited partnership is the owner of said real property located at Pelican Marsh, Collier County, Florida and legally described on Exhibit "A". 3. Fairway Preserve Apartments at Olde Cypress, Inc., a Florida corporation is the general partner of Fairway Preserve Apartments at Olde Cypress, Ltd., a Florida limited partnership with authority to bind the partnership. 4. All persons, firms, corporations, including the general contractor and all subcontractors, who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction or repair of sewer utility 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. 5. 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. 6. The water utility facilities, including potable and fire protection described herein are encumbered by the following: Mortgage which was executed by Fairway Preserve Apartments at Olde Cypress, Ltd., a Florida limited partnership (Mortgagor) and KeyBank National Association (Mortgagee) dated August 1, 2000 and recorded August 4, 2000 in Official Records Book 2706, Page 2029, of the Public Records of Collier County, Florida. Said Mortgage securing the original principal amount of $27,000,000.00, of the Public Records of Collier County, Florida. b) UCC- 1 Financing Statement between KeyBank National Association (Secured Party) and Fairway Preserve Apartments at Fairway Preserve, Ltd., a Florida limited partnership (Debtor), recorded in Official Records Book 2708, Page 3245, of the Public Records of Collier County, Florida. Utilities Facilities Owner's Affidavit Fairway Preserve Apartments at Olde Cypress Page 1 of 2 7. As and on behalf of the owner of the subject water utility facilities, including potable and fire protection, does for valuable consideration hereby agree and guarantee, to hold the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, harmless against any lien, claim or suit by any general contractor, subcontractor, mechanic or materialman, and against chattel mortgages, security interests or repair of the subject water utility facilities, including potable and fire protection.. Affiant is used as singular or plural, as the context requires. The water utility facilities, including potable and fire protection referred to herein are located within the real property described in the attached Exhibit "A". FURTHER AFFIANT SAYETH NAUGHT. DATED this oa&,~day of c-'k~ d- ,2001. Print Name: FAIRWAY PRESERVE APARTMENTS AT OLDE CYPRESS, LTD., a Florida limited partnership By: FAIRWAY PRESERVE APARTMENTS AT OLDE CYPRESS, a Florida corporation, its sole general partner By~ (.rankP. Jr. Potestio, Its: President STATE OF FLORIDA COUNTY OF COLLIER (CORPORATE SEAL) The foregoing Owner's Affidavit was sworn and subscribed to and affirmed before me this o~/~,,-day of ~,4da.~ &~_..., 2001by Frank P. Potestio, Jr. He is personally known to me. My Commission Expires: Notary Public, State of Florida .5~4,0~>,O4 ~. ~7--r~'~o,O Printed Name of Notary Public DocsFairwayPreserve. Utility. Owners Affidavit SANDRA S. PATTERSON NOTARY PUBLIC - STATE OF FLORIDA COMMISSION # CCg2~69 EXPIRES 6/1/2002 BONDED THRU ASA 1-8~-NOTARY1 Utilities Facilities Owner's Affidavit Fairway Preserve Apartments at Olde Cypress Page 2 of 2 02/26/01 ){ON 16:38 FA~ 19412542099 HOL~ ~IONTF..$ ,//1772 I & EGRESS I ERENCCO IN I ~'CGRE$S. ~£NCEO IN '.' 747 -W) -  "- PCB ... ~,p Il I .~-.% I~ ',~T~,.-'~- ..-- ~ I ~-.~ ~Ow ~~_~..~ ..... ~00 tO0. OO' HOI.[, MONTES · ASSOCIAT[S, INC. ~ ~m~- 7 q. ~:... ~ C[R~FICA'[[ OF AUTHORlZA~ON LB J1772 ~ E ......... ' F.;.R:"~-- "~,c. ,~ POC "' .... PROPERTY DESCRIP~ON A PARCEL OF LAND LOCA'r[0 IN THE SOUTHEAST QUARTER OF SECTION ?.1. TOWNSHIP 4.8 SOUTH. R^NGE 26 ~.AST, COLLIER COUNTY, . FLORIOA, BEING MORE PARTICULARLY 0ESCRIBCD AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 2.1, TOWNSHIP 48 sOUTH. RANge 26 EAST, COLLIFR COUNI'Y, FLORIDA; I'HI~NCE RUN N. 00'55'37' W., ALONG lNE EAST UNE OF THE SOUTHEAST OUARI'ER 0F SA~D SEc'r~ON 21, FOR A DIS'lANCE OF 100.00 FEET TO A POINT ON THE NORTHERLY RiGHT-OF-WAY LINE DF A 100.00 FOOT COLUER COUNTY CANAL EA.5[MF..NT ANO THE p.0iN'F OF ~,I~NING OF TI. IF. PARC~.L OF LAND HEREIN 0E$CRIBED: '~iENCE CONTINUE N, 00'55'37' w., ALONG THE EAST LINE OF Il-II SOUTHEAST OUAR'~ER OF SAID SI~CTION 21, FOR A DISTANCE OF 17.41.79 I'"CET~ THENCE ' NUN N. 85'4.,?"t8" W. FOR A DISTANCE OF 151,14 FEET; THENCE RUN $. ,51'42'54" W. FOR A OISI'ANCE OF 90,.1..*', FEET; THENCE RUN S. 06'01'48' E. FOR A DISTANCE OF ,.',r~,21 FEET; Il'feNce RUN ..~. 54.96'20" W. FOR A DISTANCE OF 78.82 FEET: ~*IENCE " RUN S. 35'5b'51" W. FOR A DISTANCE OF ~2,",2 FEET; THFNCE RI.IN N. 81'09'~-7' W. FOR A OISTANCE OF 155,86 FEET; 'TIIENCE RUN S, ",~.7'52'~3" w. FOR A DISTANCE OF 70.09 FEET: THENCF. -r RUN N. 61'~T41" W. FOR A 01STANCE. OF 42.06 FEET: THENCE ?J" RUN $, 86"2¢'09' w. FOR A OIST,~NCE OF 96.19 FEET; THENCE ~, RUN $. 26'06'3§" W. FOR A DISTANCE oF 5g.03 FE£?; THENCE · -~. RUN S. 60'17'28' w. FOR A 01STANCE OF 58.60 FEET TO A ~ ,~ POINT ON THE w~ST LINE OF' TH[ EAST HALF OF THE .<;.OUTHEAST ~ ,.~ QUARTER OF SAID SECTION 21;..,THENCE RI.tN S. 00'56'04' E.. ~, ~1 ALONG 'IHE W~S~. FINE;OF THE EAST HALI~. OF' .THE SOUTI'JEAST .~. ,~ QUARTER OF THE SOUTHEAS'{ CORNER OF SAID SEC'nO~ 21. FOR A ... ,.. OlSTANCI[ OF 955.97'FEET TO A POINT ON THE NORTI.i~RI,Y RIGHT-..OF- '" ~,~ WAY LIN? OF SAID 100.00 FOOl COU..JER' C~uNTY CANAL' EASEMENT; ~' . THENCE RUN"N. 89'09'?.8" E...'AL0NG SAID NORTHERLY RIGHT-.OF- · t ~ WAY UNE, FOR A 01STANCE OF 660.31 F~T TO THE POINT ~j u~ BEGiNNING;.~C.CD.H'I1NI.flNG 1,6 4.50 ACRE.5 MORE OR · NOT[S: . .. "' .: ' ...... ,TI.tIS PROPERTY'.' IS SUBJEdT TO EA~EI,~r:'N:I'S, RESER'VATIONS'OR · "' '.' '' ~'' .. BEARINGS'SttOWN"HEREON 'RF, FE.R TO THE EAST UN[ OF THE '. SOUTHEAST QUARTER OF S£CTION 21, TOWNSHIP 4.~ SOUTH, RANC£ 26 EAST, COLLIER COUN'i~. FLORIDA, AS BEING N. 00'55'37" w. · .' · AeSTRACT OF TITLE HAS NOT FIEEN REVIEWED eY SURVEYOR. ~ ' ,JURISDICTIONAL W/;'rt. ANDS, IF ANY, HAVE NOT BEEN LOCATED OR · n-IlS SURV['Y IS NOT vALID W1THoUT THE SIGN~JRE AN00RIONAt. RAISED ~EAb OF A FLORIOA UCENSED SURVEYOR AN0 MAPPER.. CERTIFIED TO:. FAIRWAY F~RESERVE APART~4ENTS AT OLOE CYPRESS, LTD.,. A FLORIDA LIMITED PARTNERSHIP AMSOUTH BANI( '. MORRISON & CONRO'f, P.A. AI'rORNEY'S ~TLE INSURANCE FUNO, lNG, OUARLES AND BRADY I HERERY CERTIFY THAT 3HE SKETCH OF THE HEREON DESCRIBE0 PROPERTY wAS SURVEYED UNDER MY DIRECTION ON 9/~8/g§. I FURTHER CERTIFY THAT TI.q$ SURVEY MEETS Tile MINIMUM TECltNICAL · STANDARDS FOR LAND. SURVEYING IN THE .STAT[ OF' FLORIDA PURSUANT TO CHAPTER 61617-6, F.A.C. i"! BOUNDARY SURVEY OF A PORTION OF THE sOUTHEAST ~/4 OF ~'"~"UL SEC. 21, TWP. 48S., RGN. 26E. L.IER C()UN1 Y This Instrument Prepared by: J. Thomas Conroy, III Morrison & Conroy, P.A. 3838 Tamiami Trail North, Suite 402 Naples, Florida 34103 UTILITIES FACILITIES ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER ON THIS ,~/ day of ./g~ £e/3 ,2001, before me personally appeared J. Thomas Conroy, III, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is: 3838 North Tamiami Trail, Suite 402, Naples, Florida 34103 (941) 649-5200) (hereinafter "Affiant"), who, being duly sworn on his oath, does say: 1. This affidavit is given as an inducement to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AS 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 utility facilities, including potable and fire protection, 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 provided by Old Republic National Title Insurance Company, reference number 00010072 and certified to February 6, 2001 for 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. The record owner of the real and personal property described herein is Fairway Preserve Apartments at Olde Cypress, Ltd., a Florida limited partnership (hereina_,Ser "Owner"). The Owner acquired record title to the subject real property by instrument dated October 2, 1998, recorded in Official Records Book 2466, Page 1552, Public Records of Collier County, Florida (copy attached). 4. The Affiant has examined corporate information obtained from the State of Florida and Fairway Preserve Apartments at Olde Cypress, Ltd., a Florida limited partnership, (hereinafter "Fairway") and has determined that Fairway is a current and active partnership in the State of Florida and that Frank P. Potestio, Jr., President of Fairway Preserve Apartments at Olde Cypress, Inc., a Florida corporation as sole general partner of Fairway is authorized to execute on behalf of Fairway in conjunction with the conveyance of the subject water utility facilities, including potable and fire protection. 5. Affiant states that the following documents have the effect of creating a lien or encumbrance upon all of the real and personal property herein: (i) Mortgage which was executed by Fairway Preserve Apartments at Olde Cypress, Ltd., a Florida limited partnership (Mortgagor) and KeyBank National Association (Mortgagee) dated August 1, 2000 and recorded August 4, 2000 in Official Records Book 2706, Page 2029, of the Public Records of Collier County, Florida. Said Mortgage securing the original principal amount of $27,000,000.00, of the Public Records of Collier County, Florida. Utilities Facilities Attorney's Affidavit Fairway Preserve Apartments at Olde Cypress Page I of 2 (ii) UCC- 1 Financing Statement between KeyBank National Association (Secured~_sarty) and Fairway Preserve Apartments at Fairway Preserve, Ltd., a Flor/j~t~ lirn~ited partnership (Debtor), recorded in Official Records Book 2708, Pa~3245, of the Public Records of Collier County, Florida. / / / / 6. Affiant further states that the information contained in this/Affidavit is t~e, correct and current as of the date this Affidavit is given. / J. THOMAS CONROY, III / STATE OF FLORIDA / COUNTY OF COLLIER / The foregoing Attomey's Affidavit was sworn and subscribed to (or affirmed) before me this ,~/~"day of/~~ ,2001 by J. Thomas Conroy, III. He is personally known to me. II DIANE W. AC.E I! ]lgi?'~"~ MY COMMISSION#CC825440II tl¥~f1 Em. ES: Augus110, 2003 I! ~1 .... ,o.f.~;,,; Bonded'l~_ru No.P/Public Un?rwrite_rs_ _~1 My Commission Expires: Diane Whitacre Printed Name of Notary Public Docs~F airwayPreserve Utility. AttomeysAffidavit Utilities Facilities Attorney's Affidavit Fairway Preserve Apartments at Olde Cypress Page 2 of 2 I J l ,//1'772 ERENCEO IN R£NCEO IN '.' 74/ f.l~ Ff''(¢Nrrl) ITl O.~L I'/.~ I". 50 PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF 5ECfl0N 2.1, TO~..<THIP ~.8 SOUTH, RANGE 26 f~AST, COLLIER COUNTY, FLORIDA, BF. ING MORE PARI'ICUI.ARLY 0E$ORIBEL1 AS FOLLOWS'. COMMENC~ AT THE 50UTHEAST CORNER or SEC'lION 21, TOWNSHIP 48 5oUTH, RAN(.~E 26 £ASf, COLLIER COIJNI'Y, FLORIDA; {'HENCE RUN N, 00'55'37' W,, ALONG 3NE EAST UN~' OF TttE SOUTHEAST QUAR OF SAID SEO'r~ON 21, FOR A DIS'rANGE OF 100.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY L~NE OF A 100.00 FOOT COLLIER cOuNTY CANAL EASEMENT AND THE ,P...OJN'f OF I~I[~I~ININC, OF TI. IF_ PARCEL OF LAND HEREIN DESCRIBED; THENCE CONI~NUE N, 00'55'37' w.. ALONG THE EAST LINE OF I'HE SOUTHEAST QUARTER OF SAID SECTION 21. FOR A DISTANCE OF 12.41.79 I"FET; THENCE NUN N. 85'~t2'~8' W, FOR A OIS'fANCE OF f51,14 FEET; I'HENCE RUN S. 5I'42'54' W. FOR A OISfANCE OF 90,'l'.~ FEET: THENCE RUN S. 06'01'48" E. FOR A DISrANCE OF 58.21 FEET; THENCE RUN S. 54'16'20' W. FOR A DISTANCE OF 78.82 FF. ET; I'HENCE RUN $. 35'55'5¢ W. FOR A OISTANCE OF 82.~;2 FEET; THENCE RUN N. 81'09'4.7' W. FOE A DISTANCE OF 155.8~ FEET; lllENCE RUN S, "47'52'13' W. FOR A 0~STANCE OF 70.09 FEET: fHENC£ RUN N. 61'~7'¢1" W. FOR A 01STANCE 01" 42.06 FEET; THENCE RUN S. 86~¢'09' w. FOR A DI.S'I'/(NCE OF 96.19 FEET; THENCE RUN S. 26'06';56" W. FOR A OISTANCE OF 59.0.3 FEET; THENCE RUN S. 60'17'28' W. FOR A oISTANCE O1" 58.60 FEET TO A POINT ON THE W~ST LINE O1" THE EAST' HALF OF THE SOUTHEAST QUARTER OF SAID SF. CT1ON 21;-.,THENCE RI. IN S. 00'5§'04' E.. ALONC 1HE WES'I:. FINE: OF THE EAST HA!..~ OF'.THE 5ouTMEAST OUAR/'ER OF THE S0UTHEAS'f CORNER OF SAID SECllON~ 21. FOR A ,.. DISTANCE OF 955.97'FEET TO A POINT ON THE NOR~¥iER. LY RIcHT-..OF- WAY LINE OF SAID 100.00 FOOl COU. JER' COUNTY CANAL EASEMENT; THENCE RUN"N. 89'09'2B' E..·ALONG SAID NORTHERLY RIGHT-OF- WAY UNE. FOR A DISTANCE' Of'' 660.3~ FEET TO THE POINT .0~_ BECiNNiNG.. CD~llNUING !.5 4.50 ACRE.R. MORE OR N01~S: "' .; ' ,TI.IlS PROPERI'~.I$ SUBJECt? TO EA.~EI~ENI~o RESE. R'VATIONS"OR '"' '" ~' .. BEARINGS' Stl01/~N;HEREON 'REFER TO TIqE EAST UNE OF THE '. SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 48 SOUTH. RANCE 26 EAST, COLMEP. COUNTY. FLORID^. AS BEING N. 00'55'37" w. · ·. : ' ABSTRACT OF' TITLE HAS NOT BEEN REVIEWS0 BY ~URVEYOR. ~:': ' "'" "' ' ENV~RONMENTAL CO~ICERN~: W~LDL.II~ 'POPUL.~TION$ AND' ' ...... .... ..... .' . ¢JRISDICIIONAL W'r.:TL^NDS, IF ANY, HAVE NOT BEEN LOCAT£D OR o~::..:....':.'. :...:'.:.'... ' '.'.. .' . .. :..:............'"'.;.;.2'..' ..' ..... :,: .. THIS SURVEY IS NOT VALID W~THOUT THE SIC, N,~,)JRE AND ORIGINAl.. RAISED SEAL OF A FLOf41DA UCENSEO SURVEYOR AND MAPPER. CERTIFIED TO:. FAIRWAY F;RESERVE APARTMENTS AT OLOE CYPRESS, LTD.,. A FLORIDA LIMITED PARTNERSHIP AM$oUTH BANK : MORRI$ON & CONROY, P.A. AI'I'ORNEY'S I~TLE INSURANCE FUNO, INC, QUARLES AND OR^DY 100,00' .... , ....... :....%w '- ----'--".'-:'" -- -W) POC ...... 5.E. COR. --bEC. 21-~8.-26 "(JLI uR I']OU N 1 'T' I I4ERERY CERTIFY THAT 1HE SKETCH OF THE HEREON 0ESCRIBE0 PROPERTY wAS SURVEYED UNDER MY DIRECTION ON 9/~8/9§. I FURTHER CEI~'I'IF¥ THAT ~41S SURLY MEETS ~IE MINIMUM TEOgNICAL . STANDARD5 ~OR LAND. SURV~NG IN THE ,STA~ OF FLORIDA PUR~ANT TO CHAP~R 61617-8, HOI.[, MONTES & ASSOCIATES. INC. ... , 6ER~FICA'fE OF AUTHORIZA~ON LB ~177~ B Y: .... ,~.~ '~ .' THOMAS J, CARRI~ BOUNDARY SURVEY OF A PORTION OF THE SOUTHEAST 1/4 OF' .q RGN. 26E. SEC 21, TWP. 48.., STATE.'O~: FLORIDA /PNoJ~CT NO, J 1997076 / (~£FERIZ94 Cl~ NO. FI_ORII')A ISE1 4S21-1 This instrument prepared by and after recording return to: Leo J. Salvatori, Esquire Quarles & Brady 4501 Tamiami Trail North Suite 300 Naples, Florida 34103 2L.i/919. OR: 2466 PG: 1552 R~¢ORI)~D in O~I¢IA~, R~¢ORD$ of COI~LI~R COUR~¥, ~L 10/02/98 at 08:lll~ DWIGHT R. BRO(I, CIRRI CONS 2139800.00 ~C FBE 15.00 DOC-.?0 14978.60 Retn: NORRISOR & CORRO¥ WARRANTY DEED THIS INDENTURE, made this 1st day of October , 1998, between OLDE 'CYPRESS DEVELOPMENT, LTD., a Florida limited partnership, GRANTOR, and FAIRWAY PRESERVE APARTMENTS AT OLDE CYPRESS, LTD., whose tax identification number is and whose post office address is 4288 Silver Fox Drive, Naples, Florida 34119 , GRANTEE. Wimesseth that said Grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable considelation, to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said Grantee and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida. See Exhibit "A" attached hereto and incorporated herein by virtue of this reference. Subject to easements and restrictions common to the subdivision; oil, gas and mineral rights of record; and real estate taxes for the year 1998, and all subsequent years, being a portion of the property bearing Property Identification Number 00185640006. Grantor does hereby convey the premises described herein to Grantee with the restriction that for the twenty (20) years following the date of recordation of this Warranty Deed, said premises shall be utilized by Grantee and Grantee's successors for multi-family residential purposes only; and, further, that no more than two hundred ninety-seven (297) multi-family residential units shall ever be constructed upon the premises. These restrictions are covenants running with the land during said twenty (20) year term, and shall be binding upon, and inure to the benefit of, the parties hereto, their successors and assigns, and shall expire by their own terms 20 years from the date of recording this Deed. and said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. QBNAP\159139.1 OR: 2466 PG 1553 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 our presence: OLDE CYPRESS DEVELOPMENT, LTD., a Florida limited parmership (CORPORATE SEAL) 475rimess #1 Printed Name Witness g2(/ Printed Name BY: BY: OLDE CYPRESS DEVELOPMENT CORPORATIOI~, a Florida corporation, ROBERT PAUL HARDY, as Presi~t~ 10621 Airport Pulling Road North, Suite/One Naples, FL 34119 / STATE OF FLORIDA COUNTY OF COLLIER acknowledged before me this day of The foregoing instrument was , 1998, by ROBERT PAUL HARDY, President of Olde Cypress Development Corporation, as General Parmer of Olde Cypress Development, Ltd./Oa Florida Limited Parmership. He is personally known to me. /~~JL~~// N 6~-A~Y PUBLIC ,4 Name of Notary, Printed, Typed or Stamped My Commission Expires: QBNAP\159139.1 OR: 2466 PG: 1554 *** A parcel of land located in the Southeast quarter of Section 21, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of Section 21, Township 48 South, Range 26 East, Collier County, Florida; Thence run North 00° 55' 37" West, along the East line of the Southeast quarter of said Section 21, for a distance of 100.00 feet to a point on the Northerly right-of-way line of a 100.00 foot Collier County Canal Easement and the Point ~ of the parcel of land herein described; Thence continue North 00o55' 37" West, along the East line of the Southeast quarter of said Section 21, for a distance of 1241.79 feet; Thence Run North 85° 42' 18" West for a distance of 61.14 feet; Thence Run South 51° 42' 54" Thence Run South 06° 01' 48" Thence Run South 54° 16' 20" Thence Run South 35° 35' 51" Thence Run North 81° 09' 47" Thence Run South 47 o 52' 13" Thence Run North 61° 37' 41" Thence Run South 86° 24' 09" Thence Run South 26° 06' 36" West for a distance of 90.43 feet; East for a distance of 38.21 feet; West for a distance of 78.82 feet; West for a distance West for a distance West for a distance West for a distance West for a distance West for a distance of 82.42 feet; of 155.86 feet; of 70.09 feet; of 42.06 feet; of 96.19 feet; of 59.03 feet; Thence Run South 60° 17' 28" West for a distance of 58.60 feet to a point on the West line of the East half of the Southeast quarter of said Section 21; Thence Run South 00° 56' 04" East, along the West line of the East half of the Southeast comer of said Section 21, for a distance of 955.97 feet to a point on the Northerly right-of-way line of said 100.00 foot Collier County Canal Easement; Thence Run North 89° 09' 28" East, along said Northerly right-of-way line, for a distance of 660.31 feet to the Point of Beginning; continuing 16.450 acres, more or less. QB NAP\ 161825.1 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION May 1, 2001 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 George H. Hermanson Hole, Montes & Associates, Inc. 950 Encore Way Naples, FL 34110 Re: Fairway Preserve Dear Mr. Hermanson: This is to inform you that the above referenced project has been granted preliminary approval by Engineering Review in compliance with Collier County Land Development Code, Section 3. All water and/or sewer facilities approved, accepted and required to be maintained by Collier County shall be conveyed to the County pursuant to the provisions set forth in Collier County Ordinance No. 97-17, as amended. You are reminded that it is your responsibility to petition the Development Services Director for final approval of the improvements upon the expiration of the minimum one (1) year maintenance period. After satisfactory completion of all final inspections., the Board of County Commissioners shall grant final approval of the required improvements establishing County responsibility for maintenance of the required improvements if it is the Board's desire to accept and maintain the facilities. If you should have any questions or if we may be of assistance, please advise. Very truly yours, Shirley Nix Engineering Technician II CC: Paul Mattausch, Water Director Lisa Taylor, Public Works Tobi Charbonneau, HMA PHONE (941) 403-2400 FAX (941) 643-6968 www. co.collier, fl.us Key ank A KeyCorp Bank KEYBANK NATIONAL ASSOCIATION INTERNATIONAL OPERATIONS 127 PUBLIC SQUARE CLEVELAND, OHIO 44114-1306 U.S.A. SWIFT: KEYBUS33LCC TELEX: 212525 SNB UR FAX: (216) 689-4364 PHONE: (216) 689-7032 DATE: March 13, 2001 Irrevocable Standby Letter of Credit No. S01/97364 Beneficiary: The Board of County Commissioners Collier County, Florida Government Complex Naples, Florida 34112 Applicant: Fairway Preserve Apartments at Olde Cypress, Ltd. 4600 St. Croix Lane Naples, Florida 34109 AMOUNT: USD 114,620.00 EXPIRY: March 7, 2002 Gentlemen, By order of our client, Fairway Preserve Apartments at Olde Cypress, Ltd., 4600 St. Croix Lane, Naples, Florida 34109, we hereby open our Irrevocable Standby Letter of Credit No. S01/97364 in your favor, for an amount not to exceed the aggregate of United States Dollars One Hundred Fourteen Thousand Six Hundred Twenty and 00/100 effective immediately and expiring at KeyBank National Association, International Operations (OH-01-27-0706), 127 Public Square, Cleveland, Ohio 44114-1306 on March 7, 2002. Funds under this Letter of Credit are available against your sight draft(s) on KeyBank National Association, Cleveland, Ohio 44114-1306 mentioning thereon our Credit number S01/97364. Each such draft must be accompanied by your signed written statement purportedly signed by the county manager, certifying that, "Fairway Preserve Apartments at Olde Cypress, Ltd. has failed to construct and/or maintain the water and sewer improvements as shown on the plans for the Board of County Commissioners Collie~: County, Florida or a final inspection satisfactory to Collier County, pursuant to Collier County Ordinance No. 97-17, as amended, has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the beneficiary." Draft(s) drawn hereunder must be marked "Drawn under KeyBank National Association Cleveland, Ohio Letter of Credit No. S01/97364 dated March 13, 2001 ." ****CONTINUE ON PAGE TWO**** ~,~thorized ~ig natu~'~M D'T ;/' Authorized Signature Key ank A KeyCorp Bank KEYBANK NATIONAL ASSOCIATION INTERNATIONAL OPERATIONS 127 PUBLIC SQUARE CLEVELAND, OHIO 44114-1306 U.S.A. SWIFT: TELEX: FAX: PHONE: KEYBUS33LCC 212525 SNB UR (216) 689-4364 (216) 689-7032 ****CONTINUATION - PAGE TWO OF IRREVOCABLE STANDBY LETTER OF CREDIT NO. S01197364 DATED MARCH 13, 2001. Any draft drawn under this credit must at the time of negotiation be endorsed on the reverse side of this form and the presentation of any draft shall be a warranty by the negotiating bank that such endorsement has been made. This credit must be attached to any draft which is presented direct to us. We hereby engage with bona fide holders that draft drawn strickly in' compliance with the terms of this credit and amendments shall meet with due honor upon presentation. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 REV), International Chamber of Commerce Publication No. 500. Authorized Signatur.~ID1~'- - / 2 Authorized Signature Key ank A KeyCorp Bank KEYBANK NATIONAL ASSOCIATION INTERNATIONAL OPERATIONS 127 PUBLIC SQUARE CLEVELAND, OHIO 44114-1306 U.S.A. Irrevocable Standby Letter of Credit No. S01/97364 Beneficiary: The Board of County Commissioners Collier County, Florida Government Complex Naples, Florida 34112 SWlFT:KEYBUS33LCC TELEX:212525 SNB UR FAX: (216) 689-4364 PHONE: (216) 689-7032 DATE: April 2, 2001 Applicant: Fairway Preserve Apartments at Olde Cypress, Ltd. 4600 St. Croix Lane Naples, Florida 34109 AMOUNT: USD 39,809.05 EXPIRY: March 7, 2002 AMENDMENT NUMBER ONE Gentlemen: Please be advised that we are amending the above Letter of Credit 1) Effective Apdl 2, 2001 Letter of Credit amount decreased b,. exceed USD 39,809.50 (United States Dollars Thirty Nine 'i 2) It is a condition of this Credit that it shall be automatically r( year from the present expiration date, unless at least thirty The Board of County Commissioners, Collier County, Flori¢ Credit for such additional pedod. However under no circum Credit be extended beyond March 7, 2003. All other terms and conditions remain unchanged. This is the operative instrument which forms an integral part of the I thereto. Autl~'o~ized Signature/cwm Authorized Signature *NOTE: Please sign and return a copy of this Amendment evidencing your acceptance. W~nsent to this Amendment The Board of County Commissioners, Collier County¢,, Flodda HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS March 8, 2001 950 Encore Way · Naples, Florida 34110. Phone: 941.254.2000 · Fax: 941.254.2099 Ms. Shirley Nix COLLIER COUNTY GOVERNMENT Collier County Project Review 2800 North Horseshoe Drive Naples, Florida 34104 FAIRWAY PRESERVE AT OLDE CYPRESS WATER AND SEWER FACILITIES ACCEPTANCE HM FILE NO: 1997076 Dear Ms. Nix: This letter will serve to notify you that we have been paid for all currently billed engineering and surveying services. Very truly yours, ES, INC. George H. Hermanson, P.E. Senior Vice President GHH:tdc W:\1997\1997076\CONV EYANCE\SN010308Billed EngServ.doc Naples. Fort Myers - Venice · Englewood ./ ~OLE, MONTES & ASSOCIATES, INC. ENGINEERS - LAND SURVEYORS 715 TENTH ST SO. NAPLES, FL 33939 HYDROSTATIC TESTING Project: Engineer' s Project ~umber: Date of Test: Description of Line Tested: CALCULATION OF ALLOWABLE LEAKAGE PER ONE HOUR: (Len of pipe) x (diam. of Pipe) x SQR(Test Pressure) / 133200 = (in feet) (in inches) ( 2,~&O ) x (/O) x SQR( ( )'x ( ) x SQR( ( ) x ( ) x SQR( ( ) x ( ) x'SQR( ( ) x ( .) x SQR( ( ) x ( ) x SQR( ( ) x ( ) x SQR( ( ) X ( ) X SQR(' RESULTS OF TEST: Length of Test ,,,~ /~'_ ) / 133200 = ) / 133200 = ) / 133200 = ) / 133200 = ) / 133200 = ) / 133200 = ) / 133200 = ) / 133200 = Total gallons Allowable Leakage Pressure at Beginning of test: · Pressure at End of test: Amount of water required to bring Pressure up to beginning, pressure: Hole, Montes & Associates, Inc. ~-._ZG Contractor ~OI~rES & ASSOCLATES, II~Co ENG/t~EE2~S -- I~2~D SI/RV~-YOi%S 715 ~T/ ST SO. !~-~L~S, FL 33939 -.HY_DROSTATIC TESTinG Pro) ect: Engineer's Pro) act ~umber: Data of Test: Description of Line Tested: Test Pres sure C3/LCU/~~TION OF ~.T~T.O~_BT.-'~. !~/KAGE PER ORE ~OIIR: (Z~_n of piped x (ai~. of Pipe) x SQR(Test Pressure) / 133200 = (in feet) (in inches) ( )'x ( ) x SQR( ( ) x ( ) xSQR( ( ) x ( ) x'SQR( C ) X ( .) ( ) × ( ) ( ) X ( ) xSQR( ( ) X ( ) X SQR(' ) / 1~3200 = ) / 133200 = ) / 1332oo = ) / ~_33200 = ) / 133200 = ) / 133200 = ) / 133200 = ) / 133200 = Total gallons _~SULTS OF T-EST: _~ressure ~t F~-gi~-'~'~ng of ~mo~nt of %~ter require~ to bring Pressure ~_~_D to be~'~--rn~-ing. pressllre: Contractor Jeb Bush Governor Department of Environmental Protection South District P.O. Box 2549 Fort Myers, Florida 33902-2549 David B. Struhs Secretary November 22, 2000 Frank Potestio, Jr., President Fairway Preserve Apartments at Olde Cypress 4600 St. Croix Lane Naples, FL 34109 Re: Collier County - PW Fairway Preserve Apartments at Olde Cypress (Collier County Regional WTP) 161754-001-DSGP Southwest Coast EMA Dear Mr. Potestio, Jr.: 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 161754-001-DSGP dated November 17, 1999. 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 O JO/klm CC' George H. Hermanson, p.E.// Stan Chrzanowski, P.E. ~ "More Protection, Less Process" Pnnted on recycled paper. Florida Department of Environmental Protection,. FEB 0 1 20D~vin Towers Office Bldg., 2600 Blair Stone Road, Tallahassee, Florida 32399-240~)~C~V~ DOMES~QA~EWATER COLLECTION/TRANSMISSION SYSTEMS CERTIFICATION OF COMPLETION OF CONSTRUCTIt~)~ . 8or, th Dist~c~) INSTRUCTIONS: This form is to be completed and submitted to the Department, prior to placing the system into operation. A collection/transmission system should not be placed into operation without prior Department approval. All information is to be typed or printed in ink and all blanks must be filled. Construction Permit No: 50581-175-DWC Dated 11/22/99 Name of Project: FAIRWAY PRESERVE APARTMENTS AT OLDE CYPRESS Name of Owner: FAIRWAY PRESERVE APARTMENTS AT OLDE CYPRESS, INC. Name of design engineer and Florida registration number (if different from engineer signing certification): Date(s) connection to existing system or treatment plant: Treatment plant serving project Name: NORTH REGIONAL WASTE WATER TREATMENT PLANT County: COLLIER DEP Identification Number (also known as WAFR or GMS Identifi Substantial deviations from the approved plans and City: DEP Form 62-604.300(7)(b) Effective June I, 1992 Page 1 of~ Northwest District Northeast District Apr- 19-01 10: 58A Kraft ~ Fairway Preserve 9415935092 P.01 7676 J~an l~out~vard £orr .¥ty~rs, J-'lorzala 3 591~ P~ane: 94.1. 457-$~$6 K. NOW .~/ZL 3/IE..¥ BY THESE PRF~SENT.%': Thousand On~ ~U~dred S~c. m~d Si~y/T00 Dollars ($ 1~,116,60) paid by ~oan~ss. ~. ~CCipT of whlc~ i~ hereby ~km~wlcdged, ~by TCle~C~ an~ qmt claims ~ ~e sa~d Bo~nes~, l~c ~ts succr~so~ a~ ~signs, ~d Fairway Preserve Ap~cnTs-at-olde ~ess, L~. ~c owner, ail li~ns, ii~n ~g~s, oiab~ or dem~ of any kin~ whatsocvct, walch ~e under.ed now h~ or might have against the building oa pr~mi~oa legally d=sc~ ~bcd "Oldc Cypress Fairwa~ Preserve ApaFtmen:~' Parc Of' Section 21, Township 48 South, Range 26 East, ColHer Ceunty, Florida on accoue~ of tabor perfortl~ed aRd/or ~aterial fumi:~hcd for th, e coflsttuc~ie~n et' any improvements thereon. That ali labor and materials used by dne undersfg~ed ill the ere¢~io~ of ~aJd impl'o*emcn~s have ben:~ tLfily paid fo~. IN WITNESS 'a/FIFREOF, I have hcrcunto set my hand seal :his 5'~ day of April, 2001, WC~SSE$ S'T'ATF., OF FLOP-.IDA COUNTY OF LEE Sworn ro and subscribed bofo~ ma ~is 5= ~ay of April, 2001 by Sally M. Roon=y, ~o is p=rsonal]y kno~ re mc. , . Cindy ~ S~th, Nora~ Pubh~ '~hOTle It - PhOHO #' ~ ' .~ State of FLorida 'Department of Health Office of Laboratory Servicea JBcksonviLie, Hi~i, PensacoLa T~r~a, Uest PatJ Beach ':'~FDOH~4E5575~bR LAB USE ONLY Rec'd 11 :SL~ 12-05-00 Time: 14:30 TO 15:25 CONFIRMED DRINKING WATER BACTERIOLOGICAL ANALYSIS ; i;! i .~ : i '.; ~ . , . Coii~or' County Water D~pt 511.4069 . . ';: 2; ~_ -- .- L.: SYSTEH NAHE: SYSTEH I.D. NO: SYSTEH PHONE S~PLE SITE (Locality or Su~ivisJon): F'A~RWAY PRESERVE TYPE OF SUPPLY(CircLe one): ~n~ty ~ate~ Nonco~nity ~ate~ system Nontransient - nonco~n~y ~ate~ system ~vate ~e[~ S~Jng pool Bottled ~ater Limited Use system TYPE OF SAMPLE(Circle one): Co~Liance Re.at . Rep[ac~nt.,::~H~i~ c[eaca~', -~e[[ survey Other [ 3 Distri~tion [ ] Check here if paint ~de [ ] Eau to county public health unit TO BE COHPLETED BY COLLECTOR OF SAMPLE :. TO BE COMPLETED BY LAB ANALYSIS METHOD: (q~-F) MTF HMO-MUG PA COLL. SAMPLE POINT CI NON ~ONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER 4 ._ 5 00+00 JUMPER ~.5 8.8~ ~' ~ : ' 0012-0E.~ * Results in this column are prestmA~tive. Total coliform and fecal coliform or E. coti confirmation will follow in 24-48 hours. ; - · P - Cotiforms are present' ' ' C - Confluent grou. th:~¢:::./:~:,~;i~;;~:,;~A;:? TUrbid?/[beende of .gas.or'acid ~ A Cotifor~ are a~ent .... : - TNTC '-: Too ~n~rou's:-~s'~d'~*~;~ c;~ ~.~,~..~-.~?-' ....... --..,-~ .... INVOICE ADDRESS (if different than address be[ow): REMARKS: DAY ONE NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT: REVIEWING OFFICIAL= TITLE: INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES Stere of FLorida Department of NeaLth Office of Laboratory Services JBcksofl¥iL[e, Miami, PensacoLa Tampa, ~Jest PaLm Beach DRINKING WA TER BACTERIOLOGICAL ANAL YSIS [J[!I-I~_'5~'?~'.~OR LAB USE ONLY '[ES-FED Dar e: 1.2--06-~;~ B7; Press hard, (5) copies Cc: ~ SYSTEM NAME: SYSTEM I.D. NO: ADDRESS: 3~W~I COLLECTOR: ~.~. S~PLE SITE (LocaLity or Su~iv~sion): SYSTEM PHONE #: DISTRICT: COLLECTOR PHONE #: DATE AND TIME COLLECTED: * ~ L':'. '"'~.u, i~: ........." ~ ?'~ I1~:':'{~ TYPE OF SUPPLY(Circle one): ~n~ty wa:er ~ system onconmdnity water system Nontransient - noncommunity water system Private Well Swin~nfng pool Bottled water Limited Use system TYPE OF SAMPLECCircLe one): Compliance Repeat Replacement Q-H~n'ctearan-~ Well survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health unit TO BE COMPLETED BY COLLECTOR OF SAMPLE TCL.BE COMPLETED BY LAB ANALYSIS METHOD: (MF) MTF NNO-MUG PA COLL. SAMPLE POINT CL NON CO~I~IRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER 5 00+00 JUMPER I. 0 8. 1~ ,~ 0~ I ~i2-- ! .~ ResuLts in this column are presumptive. P - Co[iforms are present A - Co[iforms are absent * Total coliform and fecal coliform or E. coti confirmation will follow in 24-48 hours. C - Confluent growth, TA - Turbid, Absence of gas or acid* TNTC - Too n~m~erous tO cOunt INVOICE ADDRESS (if different than address below): P;':.Ei'4 A 19 K ?: D'~9 "," NAME AND MAILING AODRESS OF PERSON/FIRM TO RECEIVE REPORT :ce° REVIEWING OFFICIAL: TITLE: INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES State of Floricl~ Dep~rtment of Health Office of Laboratory Services J~ckso~viLte, Hi.i, PensacoLa Tm, ~eat PaLm Beach " DRINKING WA TEA BACTERIOLOGICAL ANALYSIS [)O~,:i:iE55?~zR3R LAB USE ONLY 'rE S'~ E ~, CONF l RMED BY: Press hard, (5) copies ' -el i'~er Ceunty Wat~'r Dept 5114069 SYSTEM I.D. NO: SYSTEM PHONE 8: C~NTY: D l STR l CT: "i SYSTEM NAME: ADDRESS: COLLECTOR: c~ F':' r?-i~Fi ~ SAMPLE SITE (Locality or Subdivision): ~ F;~=R"~' AC;'Fc' COLLECTOR PHONE #: bATE AND TIME COLLECTED: i 5~--i:" -'¢(~ ~ "= ~ TYPE OF SUPPLY(Circle one): ~~ Noncommunity Hater system Nontransient - noncol~munity uater system -- ~r{va[e~e~imming pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat ReplaceMent ~arance-~ Well survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health unit TO BE COMPLETED BY COLLECTOR OF SAMPLE TO BE COMPLETED BY LAB ANALYSIS METHOD: ~'~F-') NTF HMO-MUG PA COLL. SAMPLE POINT Ct NON'%~:~'~I RM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLl SAMPLE NUMBER ~' 0+00 JUMPER ~.5 8.5 ~ 0010-534 * Results in this cola~n are presumptive. Total ~olifom arid fecal coliform or E. coti confirmation wilt fotto~ in 24-48 hours. P - Coti~orms are present C - Confluent growth TA - Turbid, Absence of gas or acid A - Colifo~ms are absent TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): RENARKS: i)A¥ INTERPRETATIONS-REMARKS BY. PROGRAH REVIEWER NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT i SATISFACTORY INCOMPLETE COLLECTION INFORMATION REPEAT SAMPLES, REPLACEMENT SAMPLES REVIEWING OFFICIAL: TITLE: State of FLorida DeFartment of NeaLth Office of Laboratory Services JacksonviLLe, Him. i, PensacoLa Tampa, Uest PaLm Beach DRINKING WATER BACTERIOLOGICAL ANALYSIS FD[)H~E5575F~ LAB USE ONLY '*:~' T~e:.14:'~ TO 15']0. CONF I RMED BY: SYSTEM NAHE: ADDRESS: Press hard, (5) copies SYSTEH I.D. NO: SYSTEH PHONE ~: , ,4;. ~ ', FL C~NTY: DISTRICT: COLLECTOR PHONE ~: COLLECTOR: ~,~ ~,Jl,: ~. L_ SAMPLE SITE (LocaLity or Subdivision): DATE AND TiME COLLECTED: TYPE OF SUPPLY(Circle one): TYPE OF SAMPLECCirc[e one): FAIRiJAY .PRESERVE APTS. Nonconmunity water system Nontransient - noncormvdnity water system pool Bottled water Limited Use system Compliance Repeat Replacement ~ain cLearance~'~ geLL 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 LA~ 'ANALYSIS METHOD: ~ . MTF MMO-MUG PA COLL. SAMPLE POINT Cl NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLl SAMPLE NUMBER 7 0~00 JUMPER 3.5 ~. 45 ~ 0010-583 * Results in this coL~nn are presumptive. Total coliform and feca[ coliform or E. coLi confirnmtion will follow in 24-48 hours. P - Coliform 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. PROGRAN REV]EWER NAME AND HAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: (.) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES (-) REPLACEMENT SAMPLES 7676 Jean Boulevard Fort Myers, Florida 33912 Phone: 941-437.8854 Fax~: : 941.437.8864 PROJECT: OLD CYPRESS FAIRWAY PRESERVE APTS VERIFICATION OF FINAL COST - POTABLE WATER Description 24" X 10" HOT TAP AERIAL CROSSING 10" WATER METER TOTAL: Quantity I EA $ 1 EA $ 1 EA $ Unit Price Total 7,200.00 52,000.00 45,000~00 $ 7,200.00 $ 52,000.00 $ 45,000.00 $ t04,200.00 HOLE MONTES ENGINEERS, PLANNERS. SURVEYORS 950 Encore Way. Naples, Florida 34110. Phone: 941.254.2000. Fax: 941 ~254.2099 March 7, 2001 Ms. Shirley Nix COLLIER COUNTY GOVERNMENT Collier County Project Plan Review 2800 North Horseshoe Drive Naples, Florida 34104 FAIRWAY PRESERVE AT OLDE CYPRESS WATER AND SEWER FACILITIES ACCEPTANCE HM FILE NO.: 1997076 Dear Ms. Nix: I hereby state to the best of my knowledge and ability that the water distribution system and wastewater collection system is located in the platted right-of-way and the easements, which are submitted as part of the conveyance package. Very truly yours, ~~, INC.~ George H. Hermanson, P.E. Senior Vice President GHH:tdc W:\1997\1997076\CONVEYANCE\SN010307.doc Naples · Fort Myers. Venice. Englew00d 7676 Jean Boulevard Fort Myers, Florida 33912 Phone: 941-437-8854 FaxS: : 941-437-8864 WARRANTY The undersigned, RDMC, Inc., does hereby warranty and/or guarantee the water facility of the following to be free from defects of material and workmanship for a period of at least one year from the date of acceptance of Collier County Board of County Commissioners: "Old Cypress Fairway Preserve Apts" Part of Section 21, Township 48 South, Range 26 East, Collier County, Florida 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-guarantee. 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 this contract was let. DATE: October 16, 2000 RDMC, Inc~~ By: David STATE OF FLORIDA COUNTY OF LEE Sworn to and subscribed to before me this 16th day of October, 2000, by David Miller who is personally known to me. Dorene Nitch, Notary Public My Commission Expires: ;~½~'~ DORENE NITCH : d~l-~*.''' 1~ ~*== MYCOMI~It~ION #CC643726 il Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 248828 Date 02/21/2001 4:36:35 PM Post Date 02/22/2001 Payment Slip Nbr UT 82128 RDMC, INC. IMMOKALEE RD / FAIRWAY RESERVES Payor' RDMC Fee Information Fee Code 42CYIN Description COUNTY INVOICES GL Account 40800000011510000000 Total Amount $115.58 $115.58 ;Waived Payments Payment Code CHECK Account/Check Number 23023 Amount $115.58 Total Cash Total Non-Cash Total Paid Memo: DOR1295, W/O # 034223/032564, RE-FLUSH THRU TEMP METER + BACT $0.00 t $115.58 $115.58J Cashier/location: FOGLE_C / 3 User: AVILES_L Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:08/07/2001 11:55:22 AM 19417~26762 HENNINB CONST. C. C.D. 964 P02 ~TUL 25 '01 10:52 oF' t East Naples ~r.e C.on ro, & Rescu D~str;ct 4977 E. TAMIAMI TRAIL. - Naples, FL 34113 Telephone - (941) 774-2800 Fax - (941) 774-3116 E.Mail ENFDOaoI,com Time: TO: Name: Firm: City, State: FROM: From Name: Division: Telephone: Total Pages (iq ~ntion Bureau 774-2800 ting cover sheet)' ,. Fax if: Comments; 33~- 6,-76, 2. Apr, F. 2,?zO.i__og__-.O.I~_A ..Kraft ~ Fairway Preserve 9415935092 P.01 April 20, 2001 [.'u',.: i:'fcvcnt.tor] 1~0 l.~m,)k,~lcc ]toad. Nnplc~, h'l. (9-11)-597-0227 Fax (~)41) 59%3222 To: Kraft Construction Company Inc. 2606 S Horseshoe Drive Naples, FL 34104 Re: Fire Hydrant Acceptance for Fairway Preserve, 7950, 7940, 7965, 7905, 7995, 7915, 7925, 7935 and 7975 Preserve Circle The North Naples Fire Control and Rescue Distric! has inspected for ownership and maintenance on the above hydrants. We have received payment for the above hydrant(s) and now accept ownership and maintenance. $125.00 per hydrant times number of hydrants 9 $23.00 per thrust block times number of hydrants 9 one flow charge at time of acceptance $35.00 1125.00 207.00 $ 35.00 Tolak 1367.00 Following are the resulls of the flow test: Slatic: 60 Resid: 44 Flow: 817 Pitot 30 If you have any questions, please do not hesitate to give me a cal~ at 597-9227. Sir~cerely, _ Karl K Reynolds, Fire Marshal Fire Prevention Bureau Pd Cks #24180 (rofund due of $280.00 from NNFD) Fax # Fax # V 19417336762 HENNINa CONST. C.C.D. 964 P05 JUL 35 '01 10:53 TO: HEA2-HER HENNING, HENNING CONSTRUCTION FROM: THACKER, MARSHAL RE: 'DRANT OWNERSHIP AND MALNTENANCE 24,2001 Len'. Fire Control and Rescue District agrees to accept ownership'and m of the hydrants located at; FLAMINGO I~AIRWAYS (6 HYDRANTS) This ownership and maintenance agreement shall not in arty way be construed to alleviate the owners, developers, contractors, etc.., from any liability for damages that may oocur subsequent to this agreement as ~ result of faulty equipment, installation and/or damage by construction vekicles. 'Furthermore, the water supply to these hydrnnts shall not be discon~ected at nny time hereafter without notifying ~e East Naples Fire Department. Should yo~ have any questions, please contact me at 774-2800. f~ncerely,~ 1941 ?S26762 HENNING CONST, C.C.D. 964 P04 JUL 25 '01 10:53 OFFICEOFTHE FIRE MARSHAL. ~1~~ East Naples Fire Control and Rescue D~strict FIRE HYDRANT,, FLOW TEST '~l';~''~'~' INVOICE Date; 517/2001 2ndR ue B '- Re es ' 4 Re es · c'r o · N F Residual Main Pressure: Inspectio~ Fee SgO.O0 Payment Method Check No Date Rec'vd Cheek 1482 4977 E Tamlarni Tr. / Naplee, FL 34113 / (813) 774-2800 I FAX (tt13) 3,74-3116 194175~676~ HENNING CONST. C. C. D. HYDRJ ,NT FIRE FLOW DATA SHEET DATE 71241201 HYDRANT NO. LOCATION FI.~ LINGO Req~ted by STATIC 7 ~ NOZZEL cOEI~iC]ENT - 9 0' SmOOth Barrel Interface ,90 Squats Barrel interface ,80 Projecting Into Barrel .70 All Steamed4.5" Outlets .80 DRY HYDRANT FIRE FLOW I~RY' H~ORA~I~IDIAMETER DRY HYDRANT DEPTH 964 P05 TIME 14:00 TESTED BY Griffin MAIN SIZE FEE $90.00 FAIRWAYS HENNING CONSTRUCTION HYDRANT FLOW DISCHARGE 2,5 PORT @ 30 PSI= 1021 GPM 2,SPORT @30 PSI= 1021 GPM 4.5 PORT @ PSI = GPM FIRE FLOW AVAILABLE @ 20 PSi RESIDUAL ~2485,, GPM JUL 25 '01 19~17~676~ HENNING CONST. C. C.D. ~6~ P06 FrOm: F.P DAYTON. JR. Ta CADENHEAD BRO'I'H£R.~ CON~TRUC, I'ION D~.ta: 07124r~001 Time: 4'35'12 JUL 25 '01 cadenhead Brothers Construction .................. Flamingo _FairwaYs 1_ C, eleste Dr_ t e!.v rn~nn -~ ( leR. ot_eDtrartoe ~u'i I m:: Id ~ [ ] FBU~ id ~ ( ! Wilkns Madet 950 AL Serial N-,______6 15734 il~~ Hid-W~ ~ ~ No, 43~ ~2~4 D~T-- ~1~ Nme .4.11 {~l~min lhnil Im ammid,smd ~ ~m (1~ d,p. by-pass 10: 5~ Pag~ 2 of ~ JUL 25 '01 10:5~ ! 1 ~ ca_,Se_nhea_~ Brothers Constr, uction " by-paps. ?,,:,r.=~ C,~,.No. A01-013836 JDM,~... 7:22-01 19417~26762 HENNING CONST. C. C.D. 964 POG JUL 25 '01 10:54 c, adenhe,ad Bribers Con$1~ructi~n ....... .~m~t Addle .... l.D~dnn ef Asmad~ F..~lamin~ Fairways 1 C.eleste Dr__ lely r~art Wilkn$ __ ~_ cv mcmbly ~ .,= _J,SI ]~ mb~, 950 DA D~Tmmd ~z~lX~ in. bnd 2.8 PSi [! __. ~ NG .~ 0 04056, f~ 2 PM ~94573~6762 HENN[NG CONST. C.C.D. 964 P09 ZUL 25 '0! 10:54 COLLII COUIfrf:ClOII C4NNICtlON CONTROL · Test And lJnteflince, RePOrt Customer__. Old Cgpres~l Fairway iOr~r~L Apa~t~ent_s T~eOfAs~mbly ~ DC [ ] P~ I 1 l:irc/4nc I ~ Potable [ ] ~e .r Tcs~ Ou~ M~u~ure~ ~ ~.~_~ ~~ G~ugc Serial Memr N~ CHECK YALVI~ ~l'":'~~~ ~ _ _. CHECK VALV'~ ~t2 PR.ES. VACUUM Ilm~*,-raR [ ] ]cek~d o1:~ ned lt:_~, o PSI ~ I:lkc~l air inlet opetled at ._PSi '~ closed tight ~ J, 'dosed tight did not open i ] ,gauge pressurc did not open [ ] gauge pte~surc check wive: across c~eck i ncro~ ghcck ]caked [ ~4v~ ~. ~:~. ,PS! ' val~c_ .... PS1 heki at,~_ PS! [X:J cleaned only ['i denned a.Is, ~ cle~flcd unlF ~ ['"]"~{L.~d only ~pi.~: repiiccd: ~plnccd: rcpl.~d: rubber.t [ ] ,Ubber .t [1 rubber kit t] ' rubb~.t '1 ~ ssaembly ] RV ~esefllhly CV assembly CV soothly ~Prin8 sP~g J ~pring tet~ K~/gu~e g~oc [ stem/guide [ ~ide [~' ~t pressure t~ef vil~ , ~ugc prcssure mir in, Ct_ ~oss check o~ ~t ~oss ch~ck - valve G. ~ PSI q~_PSI v~ '~.o PSI chk, va:vt ....... · J -- Note: All ~epzks sh~ be completed u4thin ten (lO) days, , I hereby c~' ch~ this dlt~ ~s a~uratc n~d rc~ects the proper ~pcra~nn and m~nten~ce of the assembly. ....... HOLE MONTES ENGINEERS. PLANNERS. SURVEYORS 950 Encore Way Naples, Florida 34110 (941) 254-2000 (Telephone) (941) 254-2099 (Facsimile) INFILTRATIONIEXFILTRATION TEST OF SANITARY SEWER TESTING Engineer's Project Number: Date of Test: ,.~/,P,-/~ '- Description of Line Tested: CALCULATION OF ALLOWABLE INFILTRATION/EXFILTRATION PER 24 HOURS: Diam. of Pipe Length of Pipe Gallons x in inches x in feet / 5280 ft/mi 50 x ( 8¢ ) x (~,,(o~2S'-') / 5280 = 5o x ( ) x ( ) / 528o = 5o x ( ) x ( ) / 528o = 5o x ( ) x ( ) / 528o = 5o x ( ) x ( ) / 528o = 5o x ( ) x ( ) / 528o = 5o x ( ) x ( ) / 528o = 5o x ( ) x ( ) / 528o = Total gallons = RESULTS OF TEST: Amount of infiltr'ation/exfiltration measured Visible leaks noticed Engi ~ . Hole Montes, Inc. Contractor £. W:\8200\C-GeneraI\FORMS\CNVEYDOC\IN-EXFIL. DOC Revised: January 18, 2001 Oldcastle Precast,® Inc. www.oldcastle-precast.com 2140 Pondella Rd. · North Foal Myers, FL 33903-5194 Phone (941)574-8896 Fax (941) 574-1419 February 28, 2001 RDMC, Inc. 7676 Jean Blvd. Fort Myers, FL 33912 Re: Manhole Coating Certification Sanitary Sewer System Collier County Fairway Preserve Gentlemen: This letter is to certify the coating on the manholes located at Fairway Preserve. Oldcastle Precast, inc. certifies that the coating has been applied in a minimum thickness of 18 mils on the exterior surface and a minimum of 36 mils, in two coats, on the interior surface of the manhole. Oldcastle Precast, Inc. certifies that the coating is Coal Tar Epoxy C-200, and approved epoxy bituminous sealant. Sincerely Michael McDonnell Regional Sales Manager MM/dat ELECTRICAL DEVELOPERS INC. MARK S. GRANT 6130 Neal Road Fort Myers, Rorida 33905 Phone 694-5716 Fax (941) 694-5715 DATE: 2/28/01 TO: HOLE MONTER 950 ENCORE WAY NAPLES, FLORIDA 34110 EEl FAIRWAY PRESERVE APARTMENTS To Whom It ~y Concernl The electric service to the sewer lift station has been installed in accordance with the approved plans and specifications. The voltage drop does not exceed 5%. Sincerely, Mark S. Grant President MSG:sg ~~:-' blANUFACIURER'S R E P R I[ S.r:. N I A T I ¥-.[ I[LLII K PNI[LpI i COMPANY WAT(R AN0 WASTE WAI[R 1REAIM(NT EQUIPMENT SERVICE DIVISION START-UP REPORT JOB NAME OLDE CYPRESS FAIRWAY PRESERVE OPERATOR Collier County LOCATION OF INSTALLATION Naples, FL CONTRACTOR RDMC Inc. DESIGN CONDITIONS: GPM TDH PUMP MODEL CP3140 H.P. 15 IMPELLER 481 VOLTAGE 230 PHASE 3 SERIAL NUMBER ~1 180-0030100 ~2 180-0030101 ~3 MANUFACTURER OF CONTROL OVERLOAD HEATER ~ B-79 ALTERNATOR TESTED YES COMMENTS: ~4 QCI SERIAL L/A CONNECTED YES 04-00-46 GROUND CONNECTED YES MEGGER CHECK 91 INF RED 92 INF RED # 3 RED INF INF BLACK INF WHITE BLACK INF WHITE BLACK WHITE TO GROUND #4 RED BLACK WHITE VOLTAGE CHECK: A to B A to G AMPERAGE CHECK: ~1 #2 CONTROL CIRCUIT PRIF~%RY 242 126 36 A B 36 A 33 B 126 SECONDARY B to C 249 A to C 252 B to G 212 A to G 126 33 36 C PHASE 36 C PHASE 27 ~3 PUMPS SEATED PROPERLY A B C PHASE YES OPERATOR HAS RECEIVED INSTRUCTION MANUAL YES FIELD TEST PERFORMANCE TEST: ~1 811 GPM 33 TDH fl2 811 GPM ~3 GPM TDH fl4 GPM I certify this report to be accurate: Official Start-Up Date: 2/26/01 5771 COUNTRY tAInTS DRIVE · i'ORT MY[RS. i'LORIOA 33905 - 94 I ,693.5228 - TAX 941 693 1485 A P 0 P K A I I MY[RS R I V t [ R A B [ A C H SAVANNAH COLLIER COUNTY UTILITIES WASTEW~TER DEP~RTMENT PROJECT VIDEO REVIEW DATE OF REVIEW: 11-30-00 PROJECT NAME: Fairway Preserve Apartments (North) Private ENGINEER OF RECORD: CONSTRUCTION CONTRACTOR: VIDEO CONTRACTOR: Sewer Viewer COMMENTS: ~.~n~ ~nH ~rv~a~ acceptable RECOMMENDATIONS: ~ww-~ACCEPTABLE: ~ REVIEW NUMBERED COMMENTS IN ONE YEAR: i I NUMBERED COMMENTS UNACCEPTABLE: (REPAIR/REPLACE) ~--~OTHERRECOMMENDATIONS: COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION March 13, 2001 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Mr. Jeff Head Hole, Montes & Associates 715 10th Street South Naples, Florida 34102 941-262-4617 RE: Fairway Preserve @ Olde Cypress, Water & Sewer Dear Mr. Head: A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering Review Section of the Planning Services Department on March 9, 2001. 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. Sincer~/~ ~y Randy Casey Engineering Inspector DN/t.~f:'d nsp~ctid~l fonm cc'. Lisa Taylor, Engineering Technician, Public Works Joe Cheatham, Wastewater Director, Utilities Paul Mattausch, Water Director, Utilities Diane Deoss, D.O.R. Billing Supervisor Don Nobles, Engineering Inspections Supervisor Randy Casey, Engineering Inspector Shirley Nix, Engineering Tech. II, Engineering Review Section File PIJONF. ~ g)~, I I 403-2400 FAX (941) 643-6968 www. co.collier, fi.us ZU3Z -- c~ul~m ri,l Quarles & Brady LLP 4 :')1 Tamiami Trail N.,//300 Naples, ~F{orida 34103 ~ PREPARED BY AND RETURN TO: Thomas G. Eckerty, Esquire 12734 Kenwood Lane, Suite 89 Fort Myers, Florida 33907 Recording: "-J~; 2568128 OR: 2620 PG: 2936 R~CORDID in O~HCIA~ R~CORDS of COLLINR COUNTY, EL 12/13/1999 at 02:59P1( I)i~lOlt? ~, BROCK, C~SRK CONS 150000.00 RNC FN! 24.00 ~OC-./O 5250.00 Retn: 4501 ?AKIANI ?R N ~300 NAPLES ~ 34103 3060 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made this /0~---day of ~1~f999, from JAMES R. COLOSlMO, Trustee, under unrecorded land trust agreement dated 12/10/92, known as the Naples Gateway Land Trust, with full power and authority to protect, conserve, sell, lease, encumber or otherwise manage and dispose of said property as provided in Florida Statute 689.071, whose address is 4099 Tamiami Trail, N, Naples, Florida 34103 ("Grantor"), to BAY WINDS LODGING, LLC, a Florida limited liability company ("Grantee"), whose address is 4501 N Tamiami Trail, Suite 300, Naples, Florida 34103; WITNESSETH: Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and other valuable consideration, receipt and legal sufficiency of which is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee the following property ("Property"): (a) (b) (c) (d) All that certain land ("Land") situated in Collier County, Florida, more particularly described in Exhibit "A" annexed hereto and made a part hereof for all purposes; All improvements of any nature whatsoever situated on the Land; All rights, privileges, tenements, hereditaments, rights-of-way, easements, appendages, appurtenances, reversions, remainders, riparian or littoral rights, belonging or in anywise appertaining to the Land and any improvements thereon; and All right, title and interest of Grantor in and to any streets, ways, alleys, strips or gores of land adjoining or adjacent to the Land. TO HAVE AND TO HOLD the Property in fee simple forever subject to taxes for the year 1999 and subsequent years, all applicable zoning, land use and building restrictions imposed by any governmental agency or authority and the matters set forth in Exhibit "B". AND Grantor hereby covenants with Grantee that subject to matters, if any, set forth on Exhibit "B", Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; and that the Property is free from all encumbrances; and that Grantor hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name, by its proper officers and representatives thereunto duly authorized, as of the day and year first above written. EXHIBIT "B" OR: 2620 ?G: 2937 Signed, sealed and delivered in the presence of: Print name: JA~L~ Trustee, under unrecorded Land Trust Agreement dated 12/10/92, known as the Naples Gateway Land Trust, with full power and authority to protect, conserve, sell, lease, encumber or otherwise manage and dispose of said property as provided in Florida Statute 689.071 STATE OF FLORIDA ) )§: COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this _ R. Colosimo, Trustee, who being personally known to me. Susan g. Myers ,.,ir. ^... ~. ~oo~ Atlantic Bonding ~o,, Inc. /~ day " ..... " ' of ......... ~, 1999, by James ~ot~ ry Public / Print Name: ,,_.?~,~/.~ ~-~- --~2','¢~/,¢/-5 Commission Expiration: /"}ge ~ ~ - .~oo.~ Commission No.: d¢. 2l¢ 3 ¢&;./ Florida Community Bank 155 North Bridge Street LaBelle, Florida 33935-5088 863-675-1313 863-675-0930 Fax IRREVOCABLE STANDBY LETTER OF CREDIT NO. 2ooo-16 ISSUER: FLORIDA COMMUNITY BANK PLACE AND DATE OF ISSUE: Naples, Florida, AUGUST 15 ~ ,2000 PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until AUGUST 14, 2001 APPLICANT: Bay Winds Lodging, L.L.C., a Florida limited liability company, (hereinafter "Applicant"), whose current business address is: c/o Ronald D. White, 26180 Mira Way, Bonita Springs, Florida 34134. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary"), Collier County Courthouse Complex, Naples, Florida 34112. AMOUNT: $4,655.14 (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: SIGHT. AVAILABLE BY BENEFICIARY'S DRAFT(S) AT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "Bay Winds Lodging, L.L.C., a Florida limited liability company, has failed to construct and/or maintain the water and sewer utility facility improvements as shown on the plans for HAWTHORNE SUITES, or a final inspection satisfactory to Collier County, pursuant to Collier County Ordinance No. - , as may be amended, has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary". DRAFT(S) DRAWN UNDER TillS LETTER OF CREDIT MUST BE MARKED: "Drawn under FLORIDA COMMUNITY BANK (issuer) Credit No. 2000-16 , dated AU~ST 15, ,2000." The This letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that dra~s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. Issuer: FLORIDA COMMUNITY BANK By: /' '~////~~ Prin~T-it~: Pres±de/t't - Hendry County / / ENGINEER'S FINAL PAYMENT CERTIFICATION The undersigned Engineer of Record of the project known as "Hawthorn Suites" hereby confirms that the firm of RWA Inc. has been paid in full by Bay Winds Lodging, L.L.C. for labor, services or materials furnished in the design, permitting and construction of the water and sewer public utility facilities within this project. This confirmation of payment is not a release for any future right to claim a lien for work performed in connection with the property. CHRISTOPHER O. WRIGHT, P.E. STATE OF FLORIDA COUNTY OF COLLIER On this i ~ day of ~ U QL/~ ~jr--, 2000, personally appeared (~1.~)( i Ca ~, whom I ~ow perso~ly ~d ~c~owledged that he executed the sine. I: :~ MY COMMISSION g CC 957513 =' i~ EXPIRES: July 7, 2~ Nota~ Public .~ F:\1999 Projects\99-0027 Pine Ridge Road Hotel\Civil Engineer Facility Acceptance ( CEFA - 4120) gl 547\Engineer's Certificate of Final Payment.doc evelo ment&: , ~, , ; , :,~ :!; ClXl! IN( INI I 1~ P .~. ~ · · ../.. _~.Environmental Consultants May 22, 2000 Mr. Thomas Kuck P.E. Senior Project Manager Collier County Project Plan Review 2800 North Horseshoe Drive Naples, FL 33942 Subject: Hawthorn Suites SDP 99-141 Utility Testing Results- Pressure Test Dear Mr. Kuck: The following attached tests for the subject Project are in our professional judgement and to the best of our knowledge and belief representative of actual field conditions on the date performed: 1. 8" and 4" watermain pressure test, dated 3/27/00; 2. 8" fire main pressure test, dated 3/27/99; 3. Inflow/infiltration test, dated 3/27/00. If you should have any questions, please do not hesitate to contact our office. Sincerely, RWA Inc. Christopher O. Wright, P.E. Principal Enclosures Cc' Tom White, Bay Winds Lodging, L.L.C., w/enclosures Engineer's Signature and Seal \\File-server-I \e\1999 Pr0jects\99-0027 Pine Ridge Road Hotel\Civil Engineer Facility Acceptance ( CEFA - 4120) #1547\Utility Testing Results.doc 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104 · (941) 649-1509, fax: (941) 649-7056 ° www.consult-rwa.com C'IVIL ENGINEERS Development & Environmental Consultants PRESSURE TEST REPORT PROJECT: HAWTHORN SUITES (99-0027) Date: 03/27/2000 Witnessed By: Travis M. E,qy Type of Line: Force Main: __ Potable Main: X Diameter: 8" Inches, (D) Diameter: 4" Length: 255' Feet, (S) Length: 15' Test Pressure: 162 PSI Test Pressure: Irrigation Main: __ Inches, (D) Feet, (S) 162 PSI Fire Main: Per Collier County Utilities Ordinance #97-17 and 98-53: Force Main Pressure: 100 PSI Water Main Pressure: 150 PSI Fire Main Pressure: 200 PSI Test: Start 8:45 am PSI @ Stop: 10:45 am PSI @ Average: 162 PSI, (P) Amount Used: 0 162 162 gal. Per AWWA Formula: Allowable Leakage L = SD (P)°'5/133200 gal/hr = __ Pass: X Fail: 0.21 Signature: '~ '~, ~ gal/hrx2= 0.41 gal/hr \\File~server-I \e\ 1999 Projeat s\99-0027 Pine Ridge Road Hotel~Civil Engineer Construction Services ( CECS - 4110) # 1551 \Pressure Test Report Water Main,doc 1 ofl 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104, (941) 649-1509, fax: (941) 649-7056, www.eonsult- twa. eom CIVIL ENGINEERS Development & Environmental Consultants PRESSURE TEST REPORT PROJECT: HAWTHORN SUITES (99-0027) Date: 03/27/2000 Witnessed By: Travis M. E.qy Type of Line: Force Main: Diameter: 8" Inches, (D) Length: 260' Feet, (S) Test Pressure: 205 PSI Potable Main: Irrigation Main Fire Main: X Per Collier County Utilities Ordinance #97-17 and 98-53: Force Main Pressure: 100 PSI Water Main Pressure: 150 PSI Fire Main Pressure: 200 PSI Test: Start 8:45 am PSI @ Stop: 10:45 am PSI @ Average: 205 PSI, (P) Amount Used: 0 2O5 2O5 gal. Per AWWA Formula: Allowable Leakage L = SD (P)°'5/133200 gal/hr Pass: X Fail: 0.21 gal/hrx2 = 0.41 gal/hr Signature: ~ '')~, ~ \\File-server-1 \c\ 1999 Pr0jects\99-0027 Pine Ridge Road Hotci~Civil Engineer Construction Services ( CECS - 4 ] ! 0) # 155 ! \Pressure Test Report Fire Main doc 1 o£1 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104, (941) 649-1509, fax: (941) 649-7056, www.eonsult- twa.corn Jeb Bush Governor Department of Environmental Protection South District P.O. Box 2549 Fort Myers, Florida 33902-2549 David B. Struhs Secretary July 25, 2000 Tom White, Managing Partner Bay Winds Lodging, LLC 26180 Mira Way Bonita Springs, FL 34134 Collier County - PW Hawthorn Suites (Collier County Regional WIT) 163261-001-DSGP Southwest Coast EMA Dear Mr. White: 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 163261-001-DSGP dated December 28, 1999. 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. O. James Ont Professional Engineer Water Facilities OJO/MFJ/klm cci Christopher O. Wright, P.E. Thomas E. Kuck, P.E. ,/ "More Protection, Less Process" Printed on recycled paper. " FL DEPT ENk) PROTECT Fax:941-332-6969 Jul 17 '00 15:30 P. 02 · / ,, ,,._._.___ DOM]~STIC WASTEWATER COLLECTION/TRANSMISSION SYSTEMS CERTIFICATION OF COMPLETION OF CONSTRUCTION INSTRUCTIONS: This form is to be completed and submitted to the Department, prior to placing the system into operation. A collection/transmission system should not be pieced into operation without prior Department approval. information is to be typed or printed' in ink and all' blanks must be filled. Construction Permit No.: .,~0581-182DWC/CM Dated:~De. cember 1, 1999 Name of Project: Hawthorn Suites Name of Owner: Bay Winds Lodqin¢l, LLC Name of design engineer and Florida registration number (if different from engineer signing certification): Date(s) connection to existing system or treatment plant: ASAP Treatment ptant serving project Name: Collier County North Wastewater Treatment Plant County: Collier City: Naples . DEP identification Number (also known as WAFR or GMS Identification Number): FL& 014139 Substantial deviations from the approved plans and specifications (attac. h ,ad,d!tional sheets.!f,r,equired): No substantial deviations. I , .-U.e.P.artment of ~-nvtron_me_ntal Protecfiml A. Operation and Maintenal · ,~=W~L~, Coliec[iU'n/Tf ansmission System Cedificatio~-of Comp!etbn APPROVAL F( R 7,7?//o0 I agree to operet~ and maintain the facilities in accordance with the provisions of Chapter 403, Florida Statutes (F.S.), and applicable D~ent rules. I attest that an appropriate operation and maintenance manual and record drawings for the system ar~and tic,ted at: RWA Inc. 3050 North Horseshoe Drive.Suite 270 Naples, FL 34104 Name: Tom White Title: Mana.qin.q Partner Company Name: Bay Winds Lod.q n.q, LLC Address: Telephone: 26180 Mira Way Bonita Sprinqs, FL 34104 (941) 593-1300 RECEI¥ WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the Final payment in the amount of: Ten Dollars and 00/100 ($10.00) hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to: DeAngelis Diamond Construction Company, Inc. on the job off Hawthorn Suites to the following described property: "Hawthorn Suites" 3557 Pine Ridge Road, Naples, FL, Being Part of Tracts 29 and 44, of Golden Gate Estates Unit 35 as Recorded in Plat Book 7 and OR Book 2620, Pages 2976 & 2977 of Public Records of Collier County, Florida. Dated on March 24, 2000 JENSEN UNDERGROUND UTILITIES, iNC. By.(/'~-~~~' P~iff.' Ke~r~ensen Title',-"President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on March 24, 2000 by Kevin Jensen, as President of JENSEN UNDERGROUND UTILITIES, INC., a Florida Corporation, on behalf of the corporation. He is personally known to me and did not take an oath. Notc~t' Public - State of Hodda ~ My CommLssion ~ Jun 1, 2D03 ~ Notary Public: ,r~ ~ Print: Donna L. Lundgren State of Florida at Large (Seal) My Commission Expires: NOTE: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. REORDER FROM APEX BUSINESS FORMS State of Florida Department of Health Office of Lal~ratory Services Jacksonville, Miami, Pensacola Tampa, ~est Patm Beach DRINKING WATER BACTERIOLOGICAL ANALYSIS ?':~i~;~: ::~.:L~.;'~.. ;,.FOR LAB USE ONLY -'.----~.:;~: -'.::. ~ :::; Z Z ~ !2;;.:!: ~Z7~--<%--%~ ~: CONF l RmED Press hard, (5) copies SYSTEM NAME: SYSTEM I.D. NO: SYSTEM PHONE #: SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: TYPE OF SUPPLY(Circle one): COLLECTOR PHONE #: ~er system ~Noncon~munity water system Nontransient - noncommunity water system Private well ~i'Tri~lng~pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement ~arance~} Welt survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health unit TO BE COMPLETED BY COLLECTOR OF SAMPLE ~F,~E, COMPLETED BY LAB ANALYSIS METHOD:¢.._MF_)MTF MMO-MUG PA COLL. SAMPLE POINTRECIs,D NON CONFIRM CONFIRM NO. (Specific Address) 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 below): NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER SAT l SFACTORY INCOMPLETE COLLECTION INFORMATION REPEAT SAMPLES REPLACEMENT SAMPLES REO.OE~ F~O~, ^*EX BUS~,ESS FO*MS ~ n~ "' ' '- i :' 73 ............ i 2 -2900 ....... State of Florida Department of Health Office of Laboratory Services Jacksonville, Miami, Pensacola Tampa, West Palm Beach DRINKING WATER BACTERIOLOGICAL ANALYSIS F_OR LAB USE ONLY SYSTEM NAME: ADDRESS: COLLECTOR: Press hard, (5) copies SYSTEM I.D. NO: SYSTEM PHONE #: :: .::. :Z: ,:. "~','~-.:',:.::~:'1~ -i-:°'"~.":~;.~ i"~! E. i: :L ~- :::, ,:. i::~.. COUNTY: []: :: ~ ]. i ~ "' DISTRICT: :[~' SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: ..................... : .... r- .... .~_ .':,,~:~ TYPE OF SUPPLY. Circle one): (~o~nunity water s~y~oncomcnunity water system Nontransient - noncommunity water system ' ' Swimming pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement earance~.) Well survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health unit TO BE COMPLETED BY COLLECTOR OF SAMPLE TO BE COMPLETED BY LAB ~ ANALYSIS METHOD: ~-M'~ MTF MMO-MUG PA COLL. SAMPLE POINT ICl NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER * Results in this column are presumptive. P - Coliforms are present A - Coliforms are absent Total coliform and fecal coliform or E. coli confirmation will follow in 24-48 hours. C - Confluent growth TA - Turbid, Absence of gas or acid TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES ENVIRONMENTAL I ~,LITY LAB. 1009 Tamiami Trail Port Charlotte, FL 33953 HRS #85116 DRINKING WATER BACTERIOLOGICAL ANALYSIS ADDRESS: COLLECTOR://,///~ SAMPLE SITE (Locality RECEIVED: ANALYZED: OUT: LAB CERTIFICATION #85116 · .~R LAB USE ONLY SYSTEM I.D. NO: SYSTEM PHONE #: COUNTY: C~:) ~-~ ,,/45.. DER DISTRICT: ~'" COLLECTOR PHONE #: TYPE OF SUPPLY (Circle one): TYPE OF SAMPLE (Circle One): REMARKS: ~'¢ommunity water system-~,~ Non community water system Nontransient - non community water system Private well Swimming pod Bottled water Other public water system Compliance Repeat Replacement ~ Well survey Other (Check Box) (Check Box) (Specify) [] Distribution []TNTC or C [] Raw E]Turbid TO BE COMPLETED BY COLLECTOR OF SAMPLE COLL. SAMPLE POINT GL NO (Specific Address) RES'D pH L ~,~,,:~ L, ~,~ ]*Z>7 5 I'F 7 TO .BE COMPLETED BY LAB ANALYSIS METHOD: MF MTF ¢,MI~MU~ PA NON CONFIRM CONFIRM SAMPLE NUMBER COLIFORM 'TOTAL TOTAL FECAL * Results in this column are preliminary. Fecal coliform confirmation on community and noncommunity water systems and total coliform confirmation on all types of water systems will follow in 24 - 48 hours. P - Coliforms are present A - Coliforms are absent C - Confluent growth TA - Turbid, Absence of gas or acid TNTC - Too numerous to count 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 ENVIRONMENTAL {. tLITY LAB. 1009 Tamiami Trail Port Charlotte, FL 33953 HRS #85116 RECEIVED: ANALYZED: OUT: DRINKING WATER BACTERIOLOGICAL ANALYSIS ADDRESS: TYPE OF SUPPLY (Circle one): TYPE OF SAMPLE (Circle One): · oR LAB USE ONLY LAB CERTIFICATION #8511~'~ SYSTEM I.D. NO: SYSTEM PHONE #: COUNTY: ~"~'//'~'/~,/L. DER DISTRICT: ~:~-- COLLECTOR: /"~1~' SAMPLE SITE (Locality or Su~ivision): DATE AND TIME COLLECTED~ O /~'/Non communi~ water system Private well Swimming p~l ~D~ water Complian~ (Check ~x) ~ Distribution ~ Raw REMARKS: COLLECTOR PHONE #: Nontransient - non community water system Other public water system Repeat · Replacement ~ Well survey Other (Check Box) ~ (Specify) IqTNTC or C I-ITurbid TO BE COMPLETED BY COLLECTOR OF SAMPLE TO .BE COMPLETED BY LAB ANALYSIS METHOD: MF MTF ,,I~'I~O-MUG ,.,)PA COLL. SAMPLE POINT CL NON CON FIR~'----~ CONFIRM NO. (Specific Address) RES'D pH SAMPLE NUMBER COLIFORM *TOTAL TOTAL FECAL 'z_ F,,,,J) o# 7'y I * Results in this column are preliminary. Fecal coliform confirmation on community and noncommunity water systems and total coliform confirmation on all types of water systems will follow in 24 - 48 hours. P - Coliforms are present A - Coliforms are absent C - Confluent growth TA - Turbid. Absence of gas or acid TNTC - Too numerous to count INTERPRETATIONS- REMARKS BY PROGRAM REVIEWER NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TFrLE: ( ) ( ) SATISFACTORY ( )INCOMPLETE COLLECTION INFORMATION ( )REPEAT SAMPLES ( )REPLACEMENT SAMPLES State of Florida Depart;ent of Health Office of Laboratory Services Jacksonville, #iaai, Pensacola Tan~a, West Palm Beach DRINKING WATER BACTERIOLOGICAL ANALYSIS il ;"i::~?:_' i: :.:~:~,~ii;~ ':~FOR LAB USE ONLY SYSTEM NAME: ADDRESS: Press hard, (5) copies SYSTEM I.D. NO: ;' ': ; ' ~:. :.. i:, ,; i' ,;~. i:::: L :~:~ : ~ :~' COUNTY: .............. SYSTEM PHONE #: DISTRICT: COLLECTOR: :'~ .' ~ i~ L ": :~ SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: "~-;~:=i~-~- TYPE OF SUPPLY(Circle one): ~o~-L'~-'~nity water~ Private well Swinging TYPE OF SAMPLE(Circle one): Compliance Repeat (Check Box) -[-~] Distribution [ ] Raw COLLECTOR PHONE #: Noncommunity water system Nontransient - noncommunity water system pool Bottled water Limited Use system Replacement M~clearanc~ Well survey Other [ ] Check here if payment made to county public health unil TO BE COMPLETED BY COLLECTOR OF SAMPLE T.~,E COMPLETED BY LABMMo_MUG ANALYSIS METHOD: /MF) MTF PA COLL. SAMPLE POINT Ct NON 'I~O'-NFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER ~ · i I Results in this column are presumptive. Total coliform and fecal coliform or E. coli confirmation will follow in 24-48 hours. P - Co[iforms are present C - Confluent growth TA - Turbid, Absence of gas or acid A - Co[iforms are absent TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: SATISFACTORY INCOMPLETE COLLECTION INFORMATION REPEAT SAMPLES REPLACEMENT SAMPLES State of Flori~ Departmnt of Health Office of Laboratory Services Jacksonville, Niaai, Pensacola Ta~a, West Palm Beach DRINKING WATER BACTERIOLOGICAL ANALYSIS ;:=c: .... ::~::: ::..:. FOR LAB USE ONLY SYSTEM NAME: ADDRESS: Press hard, (5) copies SYSTEM I.D. NO: .~ ~ ~. ~. ; .';. :~ '. --. :. ' ~'" J: L i~. ? /- :~i~ ',F~: i:. :! ~ , ::: COUNTY SYSTEM PHONE #: DISTRICT: COLLECTOR: -~ ~ _,.~:~ ...... COLLECTOR PHONE #: ~ ..~?.-,~ , SAMPLE SITE (Locality or Subdivision): ~r~''~--~:~ ~ ~'~--~ DATE AND TIME COLLECTED: ~ -~.~ ~ ~ ~ ~ ~ .. ~ TYPE OF SUPPLY(Circle one): (~ommunity uater sy~ Noncommunity water system Nontransient - nonco~unity water system Private well Swimming pool Bottled water Limited Use system TYPE OF S~PLE(CircLe one): Compliance Repeat Replacement ~ain cLearan~ ~el[ survey Other (Check Box) ~Distribution [ ] Check here if pa~ent made [ ] Raw to county public health unit TO BE COMPLETED BY COLLECTOR OF SAMPLE TI;],~BE COMPLETED BY LAB ANALYSIS METHOD: ~MF) MTF MMO-MUG PA COLL. SAMPLE POINT Ct NON ~ON'FIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER i 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 below): NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) .REPEAT SAMPLES ( ) REPLACEMENT SAMPLES REVIEWING OFFICIAL: TITLE: 5585 TAYLOR ROAD · NAPLES, FLORIDA 34109 ° (941) 597-0060 · FAX (941) 597-0061 VERIFICATION OF FINAL COST FOR WATER FACILITIES ACCEPTANCE PROJECT Hawthorn Suites 3557 Pine Ridge Road Naples, FL ENGINEER RWA Engineers GENERAL CONTRACTOR DeAngelis Diamond Construction Co. 2277 Trade Center Way, Suite 101 Naples, FL QUANTITIES SIZES DESCRIPTION UNIT PRICE TOTAL COST WATER.[ I Ea. 8" 260 LF 80 LF 1 Ea. 1 Ea. 1 Ea. 1 Ea. 1 Ea. 15 LF 1 Ea. 1 Ea. Fire System Assembly w/Connections Permitted 18,330.00 8" C-900 CL 150 12.77 8" C-900 CL 200 12.76 8" Tee 350.00 8" Temporary Blow-Off Assembly 1,300.00 8" Gate Valve 680.00 8" x 4" Tee 320.00 4" Gate Valve 465.00 4" C-900 CL 200 9.04 4" x 3" Reducer (LEMJ) 175.00 3" Potable Meter Assembly w/Backflow Preventer 12,030.00 WATERTOTAL 18,330.00 3,320.00 1,020.80 350.00 1,300.00 680.OO 320.00 465.00 135.60 175.00 12,030.00 $38,126.40 CERTIFIED UNDERGROUND UTILITY: CU CO44996 · FIRE SPRINKLER CONTRACTOR V: 117961000192 5585 TAYLOR ROAD · NAPLES, FLORIDA 34109 ° (941) 597-0060 · FAX (941) 597-0061 VERIFICATION OF FINAL COST FOR WATER FACILITIES ACCEPTANCE PROJECT Hawthorn Suites 3557 Pine Ridge Road Naples, FL ENGINEER RWA Engineers GENERAL CONTRACTOR DeAngelis Diamond Construction Co. 2277 Trade Center Way, Suite I01 Naples, FL QUANTITIES SIZES SEWER: I Ea. 250 LF 8" DESCRIPTION UNIT PRICE TOTAL COST Sanitary Manhole 12/14 2,750.00 2,750.00 P.V.C. (SDR 26) 22.70 5.675.00 SEWER TOTAL $8,425.00 CERTIFIED UNDERGROUND UTILITY: CU CO44996 · FIRE SPRINKLER CONTRACTOR V: 117961000192 I X TA CIV'IL EN(;1NEEt{.S Development & ~ ~ · · =/,.= _~,.Environmental Consultants August 10, 2000 Mr. Thomas Kuck P.E. Senior Project Manager Collier County Development Services Center 2800 North Horseshoe Drive Naples, FL 34104 Subject: Hawthorn Suites SDP 99-141 Utility Dedication Engineer's Certification Dear Mr. Kuck: Please accept this letter as representation that in our professional judgment and to the best of our knowledge and belief the potable water distribution and sanitary sewer collection systems for Hawthorn Suites have been completed in substantial accordance with the enclosed plans (RWA Inc., Project No. 99-0027, Sheets #1-12, Revision #6) and specifications approved by Collier County Project Plan Review Services. Furthermore, to the best of our knowledge and belief the subject water and sewer facilities have been constructed by the contractor within the public right-of-way and/or dedicated easements. Please call me at this office should you have any questions regarding this matter. Sincerely, RWA, Inc. Christopher O. Wright, P.E. Principal Cc: Tom White, Bay Winds Lodging, L.L.C. Engineer's Signature and Seai 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104 · (941) 649-1509, fax: (941) 649-7056 · www.consult-rwa.com 5585 TAYLOR ROAD · NAPLES, FLORIDA 34109 · (941) 597-0060 · FAX (941) 597-0061 February 25, 2000 RWA Civil Engineers, Inc. 3050 N. Horseshoe Drive, Suite 270 Naples, FL 34104 RE: One Year Warranty - Hawthorn Suites The undersigned warrants all its work performed, and all the materials and equipment furnished, in connection with the above referenced project to be free from all defects in material workmanship for a period of one (1) year from the date of acceptance by the Jurisdicting Authority. Additionally, the undersigned agrees to remedy all defects arising within that period at its expense. The term "defects" shall not be construed as embracing damage arising from misuse, negligence, acts of God, normal wear and tear or failure to follow operating instructions. BY: '~evi~sen TITLE: President CERTIFIED UNDERGROUND UTILITY: CU CO44-996 · FIRE SPRINKLER CONTRACTOR V: 117961000192 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date L 213186 08/15/2000 7:13:23 AM Post Date 08/15/2000 Payment Slip Nbr UT 74494 JENSEN UNDERGROUND 3557 PINE RIDGE RD/HAWTHOR SUITES Payor · JENSEN UNDERGROUND Fee Code · 42CYIN Description COUNTY INVOICES Fee Information GL Account Amount Waived 40800000011510000000 $184.08 Total $184.08 fPayment Code CHECK Account/Check Number 17239 Payments Amount~ $184.08I Total Cash Total Non-Cash Memo: Total Paid $0.00t $184.08 $184.08' DOR1057, W/O # 026730/25145, + BACT 2" TEMP METER FOR CAMBRIDGE SQ. SERVICE Cashier/location: FROLOFF E / 1 User: AVILES L Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:09/08/2000 11:20:50 AM AUG-10--00 10:00 AM P. Ol FIRE PREVENTION BUREAU 1780 Immokalee Road · Naples, Flodda 34110 (941) 597-9227 · Fax (941) 597-3522 August 8, 2000 RWA 3050 North Horseshoe Drive Suite 270 Naples, FL 34104 Re: Fire Hydrant Acceptance for Hawthorn Suites, 3557 Pine Ridge Road Dear sir, The North Naples Fire Control and Rescue District has inspected for ownership and maintenance on the above hydrants. We have received payment for the above hydrant(s) and now accept ownership and maintenance. $12500 per hydrant times number of hydrants 2 = $23.00 per thrust block times number of hydrants 2 = one flow charge at time of acceptance $35.00 = $ 250.00 $ 46.00 $ 35.00 Following are the results of the flow test: Total: 331.00 Static: 58 Resid: 42 Flow: 1008 Pitot: 36 x 1 If you have any questions, please do not hesitate to give me a call at 597-9227. Fire Prevention Bureau Pd By CK#: 392 Customer Test And Maintenance Report Hawthorne Suites Pine Ridge Rd. Mail~.'ng Address Street Address 3557 Locadon of Assembly Type Of Assembly RP ix] DC [ ] PVB [ ] Fire Line ~ ] Potable [ ] ManufaCturer Conbraco 40-20E03 Model Serial No. NG634 Test Guage Manufacturer M i dwe s t Gauge Serial No. 157586 Meter No. 70068970 Date Tested 3/31/00 northwest of entrance Size 8" CHECK VALVE #1 RELIEF VALVE CHECK VALVE #2 PRES. VACUUM BREAKRR [ ] leaked 'opened at:. 2.5 PSI [ ] leaked ak inlet opened at ._____PSI ix] closed tight [:i closed fight did not open [ ] gauge pressure =did not open [ ] gauge pressure check valve: across check across check leaked [ ] valve 7.5 PSI valve 1.9 PSI held at .PSI [[ ] cleaned only [ ] cleaned only [ ] cleaned only [ } cleaned only replaced: replaced: replaced: replaced: rubber kit [ ] rubber kit [ ] rubber kit [ ] rubber kit [ ] CV assembly [ ] RV assembly [ ] CV assembly [ ] CV assembly [ ] or or or disc, air in [ ] disc [] disc [] disc [ ] disc, CV [ ] o-rings [] diaphragm(s) [ ] o-rings ['] spring, air [ ] seat [] seat [] seat [ ] spring, CV [ ] spring [] spring [] spring [ ] retainer [ ] stem/guide [] guide [] stem/guide [ ] guide [ ] retainer [] o-rings [] retainer [ ] o-ring [ ] lock nuts [] other [] lock nuts [ ] other [ ] other [] other [ ] gauge pressure relief valve gauge pressure air inlet across check opened at across check -- valve__PSI ~PSI valve. _PSI chic. valve PSI Note: All repairs shall be completed within ten (10) days. Remarks Passed I t{ereby cerdfy that this data is accurate and reflects the proper operation and maintenance of the assembly. Tester Kenneth R. Tannassee H01053 3/31/00 Cert. No. Date 10:58 am Customer COLLIER '""~I;JNTY CROSS CONNECTIC'"" ~ Test And Maintenance Report Hawthorne Suites CONTROL Street Address 3557 Locadon of Assembly Type Of Assembly Watts Pine Ridge Rd. Mall~.'ng Address northwest of entrance RP [x] DC [] PVB [ ] Fire Line [ ] Potable [x] Model 909 Serial No. 158505 Size 3" ManufaCturer Test Guage Manufacturer M i dwe s t Gauge Serial No. 157586 Meter No. 0000467 Date Tested 3/31/00 CHECK VALVE #1 RELIEF VALVE CHECK VALVE #2 PRES. VACUUM BREAKRR ix] leaked 'opened at: 2.6 .PSI [ ] leaked ak inlet opened at _ PSI [ ] closed tight' [x] closed tight did not open [ ] gauge pressure =did not open [ ] gauge pressure check valve: across check across check leaked [ ] valve PSI valve 1.8 PSI held at, PSI [x] cleaned only [ ] cleaned only [ ] cleaned only [ } cleaned only replaced: replaced: replaced: replaced: rubber kit [] rubber kit [] rubber kit [ ] rubber kit [ ] CV assembly [ ] RV assembly [ ] CV assembly [ ] CV assembly [ ] or or or disc, air in [ ] disc [] disc [1 disc [ ] disc, CV [ ] o-rings [] diaphragm(s) [] o-rings ['] spring, air [ ] seat [] seat [] seat [ ] spring, CV [ ] spring [] spring [] spring [ ] retainer [ ] stem/guide [] guide [] stem/gu/de [] guide [] retainer [] o-rings [] retainer [ ] o-ring [ ] lock nuts [] other [ ] lock nuts [ ] other [ ] other [ ] other [ ] gauge pressure relief valve gauge pressure air inlet PSI across check opened at across check -- valve 7.0 PSI __PSI valve PSI chk. valve PSI Note: All repairs shall be completed within ten (10) days. Remarks Flushed Check valve //1, retested - Passed I t{ereby cerdfy that this data is accurate and reflccts the proper operation and maintenance of thc asscmbl3: -'- ..... H01053 3/31/00 Tester Kenneth R. Tannassee Ccrt. No. Date 10:48 am 'I'im~' Cus tO mer COLLIER '"~'UNTY CROSS CONNECTIC Test And Maintenance Report Hawthorne Suites CONTROL Street Address 3557 Pine Ridge Rd. Mailing Address l_~cafion of AssemblY northwest of entrance Type Of Assembly RI> [ ] DC [ ] PVB [ ] Fire Line Potable ~ ] Size3" by-pass Manufacturer Wa t t s Test Guage Manufacturer Meter No. 0000467 Midwest Model 909 Gauge Serial No. Date Tested SedalNo. 158333 157586 3/31/00 !CHECK VALVE #1 RELIEF VALVE CHECK VALVE #2 PRES. VACUUM BREA~.R k ] leaked 'opened at:, 2.5 PSI [ ] leaked ak inlet opened at_ PSI [ ] closed tight· Icl dosed tight did not open [ ] gauge pressure ~d/d not open [ ] gauge pressure check valve: across check across check leaked [ ] valve __PSI valve 2.0 PSI held at .PSI [x] cleaned only [ ] cleaned only [ ] cleaned only [ } cleaned only replaced: replaced: replaced: replaced: rubber kit [ ] rubber kit [ ] rubber kit [ ] rubber kit [ ] CV assembly [ ] RV assembly [ ] CV assembly [ ] CV assembly [ ] or or or d/sc, air in [ ] disc [] d/sc [] disc [] disc, CV [ ] o-rings [] diaphragm(s) [ ] o-rings ['] spring, air [ ] seat [] seat [] seat [ ] spring, CV [ ] spring [ ] spring [] spring [ ] retainer [ ] stem/guide [] guide [] stem/guide [] guide [] retainer [] o-rings [] retainer [ ] o-ring [ ] lock nuts [] other [ ] lock nuts [ ] other [ ] other [] ..other [ ] gauge pressure relief valve gauge pressure air inlet PSI across check opened at across check valve 6.5 PSI __PSI valve PSI chi.:, valve PSI Note: 25tl repairs shall be completed within ten (10) days. Remarks Disassembled check valve #1, cleaned and flushed, reassembled. Retested - Passed I l{ereby cerdfy that this data is accurate and reflects the proper operation and ,naintenancc of the assembly. 'Fester Kenneth R. Tannassee 3/31/00 Cert. No. H01053 Date 10:31 am CIVIL ENGTNEEi:LS D~velopment & ~ ~ · · ..L...~.. Environmental Consultants INFILTRATION /EXFILTRATION TEST PROJECT: Date: 3 Witnessed By: (50 Gallons x ~' "Sewer Main) x LF Sewer Main = 5,280 Gallons Maximum Allowable Leakage Infiltration / Exfiltration Observed = O Gallons Meets X Does Not Meet~ Requirements Signature: ~ '~, ~ Date: C:\WINDOWS\Desktop\RWA Inspection Forms\Infiltration Test.doc 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104, (941) 649-1509, fax: (941) 649-7056, wvow.consult-rwa.com 4,70 · COAL TAR EP~Y C-200 P~4nY ~SO ~.~c~ 2 c~. co~ Ye, Emxy C-2;O · s.o · le.O mM ~ 4.70A COAL TAR EPOXY C-200 4,70A COAL TAR EPOXY C-200 W~ ~ 11.0-22.0 D~ mae: 80. COLLIER COUNTY UTILITIES WASTEWATER DEPARTMENT PROJECT VIDEO REVIEW DATE OF REVIEW: June 14, 2000 PROJECT NAME: Hawthorne Suites 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) ~--~OTHERRECOMMENDATIONS: ~ ~'~*~W, AT~R. DEPA~TMEN'F COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION August 2, 2000 Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Mr. Tmvis Egy RWA, Inc. 3050 Horseshoe Drive N., Ste. 270 Naples, FL 34104 RE: Hawthorne Suites, Water & Sewer Dear Mr. Egy: A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering Review Section of the Planning Services Department on August 2, 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:XInspection form cci 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 Casey, Engineering Inspector Shirley Nix, Engineering Tech. II, Engineering Review Section File Phone (941) 403-2400 Fax (941) 643-6968 www. co.collier, fl.us