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Bridgewater Bay, Phase 1DATE: TO: FROM: RE: MEMORANDUM September 12, 2001 Maureen Kenyon, Supervisor, Clerk to Board Shirley Nix, Engineering Technician II .~/ Project Plan Review Bridgewater Bay, Phase 1 Water and/or Sewer Facilities Acceptance On ~~ , 20Q~The Board of County Commissioners granted final acceptance of The water and/or sewer facilities within the above-referenced project. Attached, please find the following recorded documents, in order: 1. Utilities Facilities Subordination, Consent and Joinder (2) 2. Utility Easement 3. Utilities Facilities Warranty Deed/Bill of Sale Also, please find attached the following documents for your files· 10. 11. Owner's Affidavit Attorney's Affidavit Copy of preliminary approval letter from Engineering Review Copy of Letter of Credit Engineer's final payment confirmation Certification of pressure testing of water lines by Engineer of Record Bacteriological clearances (DER certification) for water facilities DER Placement-in-Service letter for sewer facilities Memorandum to Maureen Kenyon, Supervisor, Clerk to Board Bridgewater Bay, Phase 1 Page Two 12. Contractor's Final Release of Lien 13. Lab results on bacteriological test for water lines 14. Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) 15. Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements 16. Contractual Guarantee for material and workmanship for a period of at least one year after the Board of County Commissioners' acceptance for both water and sewer facilities 17. Payment of water usage, laboratory and administrative charges for filling, flushing and bacteriologically certifying water lines from invoice prepared by the Utilities Division 18. Letter from fire district regarding ownership and maintenance of fire hydrants and certification of field fire flow capacity testing 19. Copy of backflow prevention assembly test report 20. Certification of the inflow/infiltration test for the sewer lines by Engineer of Record 21. Coating certification of man holes, wet wells and dry well from manufacturer 22. Copy of video tape test report 23. Letter from Compliance Services section certifying that the final inspection reveals that the Utility facilities have been constructed in accordance with County ordinances and regulations 24. One copy of utility easement If you have any questions, please call and advise accordingly. attachments doc: 2094-2 .,Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ORIGINAL OFFICIAL RECEIPT When Validated V#: 2544047 08/31/2001 BY: DALE / DEPUTY CLERK RECEIPT: 3509621 NAME : PAYOR: ENGINEERING REVIEW/S NIX BCC 113 138312 63 649030 REFNC: DC: 4 DOCUMENTS DOC TYP FILE ID BOOK PAGE SUBORD 2850885 2885 0909 SUBORD 2850886 2885 0912 ESMT 2850887 2885 0915 DEED 2850888 2885 0918 ~'" 8ILLEO: 61.40 [~I A~IT PAID: , O0 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 AMOUN~ 52.00 8.00 1.40 DEPT: RECORDING TOTAL DUE: 61.40 Page 01 of 01 Prepared by: Scott M. Ketchum, Esquire GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34 i 03 2850885 OR: 2885 PG: 0909 RICORDBD in OFFICIAL RBCORDS o[ COLLItit COUFFI, FL 08/31/2001 at 01:48P# D#IGH~ l. BROCI, CLSRI RI¢ FIB 15.00 Rein: SHIRLB! IIIZ/IIIGIlltIRIIIG UVIII HORSBSHOB DRX~ lit 5586 UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND JOINDER given this )(-~ day of April, 200 I, by GULF COAST NATIONAL BANK, a national banking association (hereinafter referred to as "Secured Party") 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"). Secured Party is used as singular or plural, as the context requires. WITNE S S E TIt: WHEREAS, Secured Party is the owner and holder of that certain Mortgage and Security Agreement recorded in Official Records Book 2493, Page 3312, et seq. of the Public Records of Collier County, Florida, as amended and assigned (hereinafter referred to as "Securing Instrument(s))," 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, relocation and/or maintenance of certain water and/or sewer utility facilities over, under and/or 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 Secured Party consent to, join in and subordinate its Securing Instrument(s) 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 Secured Party does hereby consent to, join in and subordinate the lien of its security to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any utility facilities located therein, thereon, or affixed thereto. Except as subordinated to the easement OR: 2885 PG: 0910 described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said security interest shall remain otherwise in full force and effect. 1N WITNESS WHEREOF, the Secured Party has caused these presents to be executed the date and year first above written. Scott M. Ketchum Witnes~Typ~d Witness ~ure Witness Name Typed or Printed GULF COAST NATIONAL BANK, a national banking association By: ~ - Name: Eric Eberhardt Its: Vice- President STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Facilities Subordination, Consent and Joinder was acknowledged before me this I c) day of April, 2001, by Eric Eberhardt, as Vice-President of GULF COAST NATIONAL BANK, a national banking association, on behalf of the bank. Eric Eberhardt is personally known to me. Witness my hand and official seal this __ N~seal) My Commission Expires: Notary Printed Name EXHIBIT .AII *** OR: 2885 PG: 0911 *** C -~ -O -40 0 c- Z7- rq 7" m N O1'44'11" W 40.00' o 0 1 5; 01'44'11" E L4C CD Z _~ z Z 0 0¢n Prepared by: Scott M. Ketchum, Esquire GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 2850886 OR: 2885 PG: 0912 BICORDID 1~ O~IICIAL ~CORD~ of CO~IIR COUITI, ~ 08/31/2001 a~ 01:~SPK D#ZGi~r i. BIOCl, CLlll le~n: RI¢ rn ]5.00 fHIRLI! III/]NGI#EERING RIVIBI HORSlSH01 DIIY] BIT 5586 UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND JOINDER given this ~ day of April, 2001, by LW-LP, INC., a Delaware corporation (hereinafter referred to as "Secured Party") 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"). Secured Party is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Secured Party is the owner and holder of that certain Mortgage and Security Agreement recorded in Official Records Book 2493, Page 3338, et seq. of the Public Records of Collier County, Florida, as amended and assigned (hereinafter referred to as "Securing Instrument(s))," 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, relocation and/or maintenance of utility facilities over, under and/or 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 Secured Party consent to, join in and subordinate its Securing Instrument(s) 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 Secured Party does hereby consent to, join in and subordinate the lien of its security to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any utility facilities located therein, thereon, or affixed thereto. Except as subordinated to the easement OR: 2885 PG: 0913 described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said security interest shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Secured Party has caused these presents to be executed the date and year first above written. Wlt~eg'~s~ ~ignature Witness Name Typed or Printed LW-LP, INC., a Delaware corporation Name: Chrrstopher S. McKenna Its: ,~.uthorl'?e~ glanatorv Witness Name Typed or Printed STATE OF New York COUNTY OF The foregoing Utility Facilities Subordination, Consent and Joinder was acknowledged before me this (04~ day of April, 2001, by Christopher S. rdcKenna ,, as AuthorizeO $iqnato~ ,,/ of LW-LP, INC., a Delaware corporation, on behalf of the bank. Personally known ~ or Produced identification . Type of identification produced Witness my hand and official seal this __ ~q~'~ day of April, 2001. No~ry Pu{~ic (Affix notary ~e~ My Commission Expires: Angela Maflgliano Notary Printed Name No. 2 tlu~l~ea in R~mon~ ~ f3 7_.. Oomm~n Exptr~ ~ 18, 8~ *** OR: 2885 PG: 0914 *** EXHIBIT "A" -Ill ~00~ -< _ ~7, N O1'44'11" W 40.00' S3iNOI~ 3qOH 660Z~9~I'6I XYJ 90:9I 3Ri iO/CO/~O This Instrument Prepared By: Scott M. Ketchum, Esq. GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 2850887 OR: 2885 PG: 0915 IIBCOIDID in OFFICIAL IICOIDS of COLLII! ¢Oll~l, FL 08/21/2001 e~: 01:48Pi( DWIGHT I. ilRO¢I, CLIItl[ 8HIIILBY NII/INGINIIlilIIG IllVII# HORSSSHOB DRIVE DOC-.70 15.00 .?0 UTILITY EASEMENT THIS EASEMENT, granted this ~t.) day of April, 2001, by LB/P-GROVEWAY, LLC, a Delaware limited liability company, whose address is 2055 Trade Center Way, 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, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum often dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which 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, relocate and/or maintain utility facilities, in, on, over and under the following described lands being located in Collier County, Florida, 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, relocate and/or take materials for the purpose of constructing, operating, relocating and/or maintaining the subject utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. Page I of 2 OR: 2885 PG: 0916 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. SS S lgna-"~'tlIre Scott M. Ketchum Witness Name Typed or Printed LB/P-Groveway, LLC, a Delaware limited liability company By: GroveWay Development, L.C., its Operating Member and Authorized Signatory Name: G. Stuart Wood Its: Managing Member STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Easement was acknowledged before me this )~ day of April, 2001, by G. Stuart Wood, as Managing Member of GroveWay Development, L.C., Operating Member and Authorized Signatory of LB/P-Groveway, LLC, a Delaware limited liability company, on behalf of the company. G. Stuart Wood is personally known to me. Witness my hand and official seal this I-'"';~" ~ '~ MY COMMISSION # CC 786930 I~:,~.'.',~ EXPIRES' October 29 2002 lC) day of April, 2001. My Commission Expires: Notary Printed Name Page 2 of 2 EXltIBIT "A" *** OR: 2885 PG: 0917 *** zoo~ -_-I 0 0 ?r., N 01'4¥11" W 40.00' S 01'44'11" E P ~o~ ~ .~z ~oz~ O0 TO/CO/~O This Instrument Prepared By: Scott M. Ketchum, Esq. GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 2850888 OR: 2885 PG: 0918 RICORDID ili OffiCIAL RICORDS of COLLIER COUIrrl, 08/31/2001 at 01:48P# D~I~Y I. BROCK, CLBRK ~C ~! Retn: 8HIRLB! III/IBGIIIIilIG IBVIIU HORSBSHOB DRIVB 5586 DOC-.?O 15.00 .70 UTILITY FACILITIES WARRANTY DEED AND BILL OF SALE THIS INDENTURE made this I 0 day of April, 2001, between LB/P-GROVEWAY, LLC, a Delaware limited liability company, whose address is 2055 Trade Center Way, Naples, Florida 34109 (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee"). WITNESSETH: That said Grantor, for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all water utility facilities lying within the following described land, together with appurtenant easement rights for the operation, relocation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) and said Grantor does hereby fully warrant the title to said utility facilities be they realty, personalty, or mixed, and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A". Grantor and Grantee are used for singular or plural, as context requires. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate and/or take materials for the purpose of constructing, relocating, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. Page 1 of 2 OR: 2885 PG: 0919 IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. Scott M. Ke h-m Witness~_~; Typed or Printed Witne~~ture Witness Name Typed or Printed LB/P-Groveway, LLC, a Delaware limited liability company By: GroveWay Development, L.C., its Operating Member and Authorized Signatory By: ~ Name: G. Stuart Wood Its: Managing Member STATE OF FLORIDA COUNTY OF COLLIER The foregoing U_ tility Facilities Warranty Deed and Bill of Sale was acknowledged before methis ~o dayof /qOfl, xl, ,2001,byG. Stuart Wood, as Managing Member of GroveWay Development, L.C., Operating Member and Authorized Signatory of LB/P- Groveway, LLC, a Delaware limited liability company, on behalf of the company. G. Stuart Wood is personally known to me. Witness my hand and official seal this __ ...................... ~ MY COMMISSION # CC 786930 Ill ~;,.~.i ~.-'= EXPIRES: October 29, 2~2 I[ ~r~P~Affi~al) My Commission Expires: Notary Printed Name Page 2 of 2 EXHIBIT "A" *** OR: 2885 PG: 0920 *** :3O0 r- z~- 0 0 m N 01'44'11" W $ 01'44'11" E 40.00' 40.O0' r ¢~ 0 Z 660Z~'C;~Tt6T XYJ 90:9I T'O/CO/~O OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared G. Stuart Wood, who to me is well known, and having been duly sworn and under oath, deposes and states: 1. My name is G. Stuart Wood, I am over the age of twenty-one (21) years, am suijuris, and have personal knowledge of the facts asserted herein. 2. LB/P-Groveway, LLC, a Delaware limited liability company ("Groveway"), is the owner of said real property legally described on the attached Exhibit "A". Further, the corporate documents under which Groveway was created and presently operates expressly authorizes Jeffrey J. Cotter and/or G. Stuart Wood to execute instruments on behalfofGroveway in conjunction with the conveyance of all real and personal property owned by Groveway. 3. All persons, firms, and corporations, including the general contractor, all subcontractors and sub-subcontractors and suppliers who have furnished services, labor or materials according to plans and specifications, or extra items used in the construction or repair of water and sewer utility facilities on the real estate hereinafter described, have been paid in full and that such work has been fully completed and unconditionally accepted by Groveway. 4. No claims have been made to the Groveway, nor is any suit now pending on behalf of any contractor, subcontractor, sub-subcontractor, supplier, laborer or materialman, and 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 or on the aforesaid premises. 5. GULF COAST NATIONAL BANK, a national banking association is the owner and holder of that certain Mortgage and Security Agreement recorded December 21, 1998 in Official Records Book 2493, at Page 3312 as modified by Receipt for Future Advance recorded on February 22, 1999 in Official Records Book 2514, at Page 3306, as further modified by Amended Mortgage and Security Agreement recorded February 22, 1999 in Official Records Book 2514, at Page 3312, as assigned by Assignment of Mortgage and Security Agreement recorded April 5, 2000 in Official Records Book 2659, at Page 2926, as further modified by Notice of Future Advance recorded April 5, 2000 in Official Records Book 2659, at Page 2928, as further modified by Amended and Restated Mortgage, Assignment of Rents and Security Agreement recorded May 30, 2000 in Official Records .Book 2680, at Page 1871, as further modified by Notice of Future Advance recorded May 30, 2000 in Official Records Book 2680, at Page 1898 all of the Public Records of Collier County, Florida, encumbering the property legally described on the attached Exhibit "A". 6. LW-LP, INC., a Delaware corporation is the owner and holder of that certain Mortgage and Security Agreement recorded December 21, 1998 in Official Records Book 2493, at Page 3338, as assigned by Assignment of Beneficial Interest Under Mortgage and Security Agreement recorded January 11, 2000 in Official Records Book 2630, at Page 0280, as assigned by Assignment of Mortgage and Security Agreement recorded January 24, 2000 in Official Records Book 2633, at Page 2185, as assigned by Assignment of Mortgage and Security Agreement recorded (Page I of 3) in Official Records Book 2779, at Page 2474, all of the Public Records of Collier County, Florida, encumbering the property legally described on the attached Exhibit "A". 7. As and on behalf of Groveway of the subject utility facilities, does for valuable consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District harmless against any lien, claim or suit by any general contractor, subcontractor, sub-subcontractor, supplier, mechanic or materialman, and against chattel mortgages, security interests or repair of the subject utility facilities by or on behalf of Groveway. Affiant is used as singular or plural, as the context requires. The utility facilities referred to herein are located within the real property described in the attached Exhibit "A". FURTHER AFFIANT SAYETH NAUGHT. DATED this ! O day of April, 2001. LB/P-Groveway, LLC, a Delaware limited liability company By: GroveWay Development, L.C., its Operating Member and Authorized Signatory Name: G. Stuart Wood Its: Managing Member STATE OF FLORIDA COUNTY OF COLLIER ~?'~'~ MY COMMISSION'CC 7869a0 II II=-~..,dff~do"~ EXPIRES: October 29, 2002 I! SUBSCRIBED AND SWORN to before me this id5) day of April, 2001, by G. Stuart Wood, as Managing Member of GroveWay Development~..C., Operating Member and Authorized Signatory of LB/P-Groveway, LLC, a Delaware limited liability company, on behalf of the company. G. Stuart Wood is personally known to me. Notar)Tp~~- My Commission Expires: Notary Printed Name Prepared by: Scott M. Ketchum, Esquire GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 (Page 2 of 3) E×IIT BTT .^. C '~3 "U =4_o@ n~ rtl ~ ;2J ltl m i4 I-'-I Z I-"3 N 01'44'11 "W 40.00' S ~q1'44'11" E 40.00' I ...( '-< l'dC: z rr-i ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, on this ~ day of April, 2001, personally appeared SCOTT M. KETCHUM, who to me is well known, and having been sworn and under oath, deposes and states: 1. My name is SCOTT M. KETCHUM, I am over the age of twenty-one (21) years, am otherwise suijuris, and have personal knowledge of the facts asserted herein. 2. I am a licensed attorney, Florida Bar #0158879, authorized to practice law in Florida and am practicing law in the State of Florida. My business address is Goodlette, Coleman & Johnson, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103. My business telephone number is 941/435-3535. 3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District to accept the dedication or conveyance of certain water and/or sewer utility facilities located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier County, Florida. 4. I have has examined record title information to both the real and personal property referenced in this affidavit, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. 5. The record owner of the real property described herein is LB/P-GROVEWAY, LLC, a Delaware limited liability company ("Groveway") (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded at Official Records Book 2493, at Page 3307, Public Records, Collier County, Florida, attached as Exhibit "B". 6. I have examined corporate documents under which Groveway was created and presently operates, Groveway is current and active, Groveway is currently authorized to do business in the State of Florida, and Jeffrey J. Cotter and/or G. Stuart Wood are authorized to execute instruments on behalf of Groveway in conjunction with the conveyance of the subject real and personal property. 7. The real property described in the attached Exhibit "A" is presently encumbered by a Mortgage and Security Agreement recorded December 21, 1998 in Official Records Book 2493, at Page 3312 as modified by Receipt for Future Advance recorded on February 22, 1999 in Official Records Book 2514, at Page 3306, as further modified by Amended Mortgage and Security Agreement recorded February 22, 1999 in Official Records Book 2514, at Page 3312, as assigned by Assignment of Mortgage and Security Agreement recorded April 5, 2000 in Official Records Page 1 of 2 Book 2659, at Page 2926, as further modified by Notice of Future Advance recorded April 5, 2000 in Official Records Book 2659, at Page 2928, as further modified by Amended and Restated Mortgage, Assignment of Rents and Security Agreement recorded May 30, 2000 in Official Records Book 2680, at Page 1871, as further modified by Notice of Future Advance recorded May 30, 2000 in Official Records Book 2680, at Page 1898 all of the Public Records of Collier County, Florida (a copy of said mortgage is attached as Exhibit "C"). 8. The real property described in the attached Exhibit "A" is presently encumbered by a Mortgage and Security Agreement in favor of LW-LP, Inc., a Delaware corporation, recorded December 21, 1998 in Official Records Book 2493, at Page 3338, as assigned by Assignment of Beneficial Interest Under Mortgage and Security Agreement recorded January 11, 2000 in Official Records Book 2630, at Page 0280, as assigned by Assignment of Mortgage and Security Agreement recorded January 24, 2000 in Official Records Book 2633, at Page 2185, as assigned by Assignment of Mortgage and Security Agreement recorded in Official Records Book 2779, at Page 2474, all of the Public Records of Collier County, Florida (a copy of said mortgage is attached hereto as Exhibit "D"). 9 I further state that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. FURTHER AFFIANT SAYETH NAUGHT. DATED this __ day of April, 2001. SUBSCRIBED AND SWORN to before me this KETCHUM, who is personally known to me. day of April, 2001, by SCOTT M. ~otary Public s [ C~ Nota~ Printed Name Prepared by: Scott M. Ketchum, Esq. GOODLETTE, COLEMAN & JOHNSON, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 Page 2 of 2 EXIIIBIT "A" ¢ znnF~ C C -0 'T:) --~00 N 01'44'11" W 40.00' S 01'44'11" E 40.00' m S.-'l l ,N'Cllg ri~;n~.lSZ, flfll YV.! O0:9T :q'J1T. ~ i.,-~t~',~--~r.. ~ by: EE~ARDR. ~, JR. 700 Llth Street Scuth, ~H-II ~les, Flar~ 34102 W~--~L~ OPINION OF 24109L8 OR: 2493 PG: 3307 IIC01DID ill O??IClAL tlC0£~$'0~ COLLIII ~, 12/21/~1 ~C 0~:~! DY~CST I. HOCI, CLII[ ~lS 7250000.00 II~IIIIG 1.00 I~ri~'R~E, Ir, ade t_ 'h_i_~ /~.J~, day of~.~, 1998, ~ril 29, 1995, with ~i~. ~ ~ au~mri~/ ~ p~, 2055 Trade Center Way. Naples, Fie%ifa Description of P~al ~k .~e_~/ Attac2,~d as ~--cqibit "A" P:u~e_~/ ID .%,_-r~e= 00235[20001 The real p .r--~Fe_~r/ is vacar~,~ and does ~ ~-m£*.i~-_e the bcr~--~k%d of a~f individual ca;.~risL~g ~3C~IDR. AND said GRM~R does f~l!y ~,-a~Y~R~-t. be title tz~ said lard m~ will def~d the same a~aL~ t_he la'-Tul claLvs of all are rinsed for s!_~lar cr plu~, as OR: 2493 PG' 3308 seal the day ar~ year fi~uL above writ-tan. Sigrmd in the presence of: ~l~ Sigr~ tur~ ~ Witr~ S~ Janis Sto~ h%~l~om, ' Ir~lividually and as C~ S57~ OF CCLqVTY OF ~ ~ fcr~oLng Lns~nnent ~ acknowledged before ~ t~ ~y of~, 1998, ~ J~ ~,~ ~4, ~t~ - /~/ ~ ~lly ~n ~ ~,'~ / / ~ p~n~ his Flori~ ~iv~'s ~~, or //~P~ ~ i~tifi~ti~. My CZ~m{~.ion ID~piras: Notary Public OR: 2493 PG: 3309 the day and year fi~t above written. Signed in the presemc~ of: icjr,,at:u~ o Print N~ of WiUoess/ ,/~/rd/vidually ~ as PrL~ Nmme Nc~-/ Public OR: 2493 ?G: 3310 STA/~ OF ~EA C2I~TY OF CIDrI!~R *** OR: 2493 PGe 3311 EXIIIBIT LEGAL D ESCR. IPTIO?,I a part of Section 1, To,,,,mship 49 South, Ranf~e 25 -East Collier County, Florida (PARCEL I) · ,\ parcel of land lying ,n and b~ing a pan of Section 1, To,.,,'nsh,p 49 South. Range 25 Eat,:. Colhcr Count',,., Florida and being more pan,cularl¥ described as follows: Be~inning at thc West 1;4 comer of S¢ction 6, sa~d point also I:x.;ng al'lc East 1/4 comer oCscc~mn I. Tov.'nsh:p 49 South. Range 25 East, Collier County, Florida; thcncc along thc East line oft.heNonheast 1/4 ofsectic~ I North02'.03'-56' \\'cst I.<85.97 Fcc::olht South line of thc North 1.'2 of the Northeast 1/4 ofsa~d - 'ce;on !; thence along sa~d South linc North $9'-23'.-43= West 2701.52 fcct to a p~int cn thc E;~t linc of [~kesid¢ of Naples at Fin"us Green,: according to Plat Book 15, p',g:~ $3-88 public recorcLs. Coil/er Counp,.'. Fionda. thence along sa~d East linc South 02°-49'.35.. East 1559.11 re:t to thc Southeast c ,mcr o1' said Lakeside of Naples at C~tras Greens; thcnccalongthcSouthlineofsaidLake.sideofNaFlesatCit,,.~sGreensNorth89 -~$.--,~ Wc~t 137.24 fc:t to the Nop,.heast comer of the East I/2 of the No."'~hc~t 1/4 of the Nort.h. ca~,t I/4 of thc Souch'o, esl I/4 of scrnon I. To'~,nnsh~p 49 South Range 25 East, Collier CounLy' Flor/da. thence ;long thc East linc of said parcel South 02'--17'.35- E~t 518.6..4 feet to iht' Nonh',,.¢r,~ Comer ora parcel of land o'~,'ned by thc First BaptIsl Church of Naples as sho'.,."n on a su~'e),, by CaroI E. Nc!son. P.L.S. dated February I0, 1996, project No. SIT49R.25: thence ~long thc North Linc of said parcel South $9'-26'-34' £.~st 2798.37 f¢c~ lo a poml on thc East lint of thc Southeasl 14 ol'salJ SccI~on I; thence along sa,d Easl line North 00'-4Y-57' Wc~t 517.75 Fcc~ m the POI>q' OF BEGINNING o£ thc parcel hercm described; SubJect to easements and reset/orions of record; containing 131..3 Acres more or less; LESS AND EXCEPT THE FOLLOWING DE.~;CR/BED PARCEL: A parcel of land lying in and being a pan of Section 1, To~'mhip 49 South. Range 25 East, Collier County., Florida and being more panicularl7 described as follov,,s: Commencing at thc Wes! 1/4 comer of Section 6, said point also b~ing thc F..,.tst 1/4 comer of section I, Tow'nship 49, South, Range 25 East, Co ier FounD,. Florida; thence along the E.,.~t line of the Northeast 1/4 or'section I North 02°-0Y-56' West 610.16 fee~: thence leaving said East Ii. ne South 87°-56'.04' West 83.98 feet to thc POINT OF BEGINNING of the parcel hereto described; thence North 61 °.32'.56' Wc~t 286.37 Fc~t: thence North OO'- East 155.02 Feet; thence South 86'-03'-39" East 242.88 Feet; thence South Ol *-48'-16' East 274.90 feet to thc POINT OF BEGINNING of'thc parcel herein dc'~cri':~d; Subject to cast:mcnt~ and r,~s~ctioms of record; containing 52789 square feet or 1.7. Acres more or less; Boa. rings arc assumed and ba..scd on thc East linc of thc Northca.st 1/4 of section I being N 02'-0Y-56" W. F:'-DATA\WPDATA\LOTTES\GROVEWA "DJ..EGA L.D ES COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND EN ~VIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION July 2, 2001 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Terry Cole Hole, Montes & Associates, Inc. 950 Encore Way Naples, FL 34110 Re: Bridgewater Bay, Unit One, Phase One and Clubhouse Dear Mr. Cole: 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, Engineering Technician II cc' Joe Cheatham, Wastewater Director Paul Mattausch, Water Director Lisa Taylor, Public Works John Houldsworth, Engineering Review www. co.collier, fl.us PHONE (941) 403-2400 FAX (941) 643-6965 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 01-03 ISSUER: Gulf Coast National Bank, a national banking association, located at 3838 Tamiami Trail North, Naples, Florida 34103 (hereinafter "Issuer"). PLACE AND DATE OF ISSUE: 3838 Tamiami Trail North, Naples, Florida 34103, May 16, 2001. PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until May 16, 2002, and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: LB/P-Groveway, LLC, a Delaware limited liability company (hereinafter "Applicant"), located at 2055 Trade Center Way, Naples, Florida 34109. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary"), located at Collier County Courthouse Complex, Naples, Florida 33962. AMOUNT: $25,211.03 (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: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "LB/P- Groveway, LLC, a Delaware limited liability company has failed to construct and/or maintain the water utility improvements as shown on the plans for Bridgewater Bay (Phase 1), 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) DRAW UNDER THIS LETTER OF cREDIT MUST BE MA~D: "Drawn under Gulf Coast National Bank, a national banking association, Credit No. 01-03, dated May 16, 2001". The original letter of credit and all amendments, if any, must be presented for proper endorsement. 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 (Page 1 of 2) 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 draft(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 (or later generally applicable) Revision] International Chamber of Commerce Publication No. 500. Gulf Coast National Bank, a national banking association Patrick K. Miller, Senior Vice President (Page 2 of 2) HOLE MONTES ENGINEERS. PLANNERS. I~URVEYORS April 19, 2001 950 Encore Way · Naples, Florida 34110 · Phone: 941.254.2000 · Fax: 941.254.2099 Ms. Shirley Nix COLLIER COUNTY GOVERNMENT 2800 North Horseshoe Drive Naples, Florida 34104 BRIDGEWATER BAY - PHASE ONE WATER AND SEWER FACILITIES ACCEPTANCE HM FILE NO.: 1999006 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, HOLE MONTES, INC. Vice President WTC :tdc W:\1999\1999006\wtc~PHAS E ONE\SN010419BILLEDENGS URS ERV1CES.doc Naples · Fort Myers · Venice · Englewood HOLE, MONTES & ASSOCIATES, INC- ENGINEERS - LAND SURVEYORS 715 TENTH ST SO. NAPLES, FL 33939 Project: HYDROSTATIC TESTING Engineer's Proj eot Number: Date of Test: Description of Line Tested: .~_-., O~ c] q . o La Test Pres sure ' ~ /o" CALCULATION OF ALLOWABLE LEAKAGE PER ONE HOUR: (Len of pipe) x (dia~. of Pipe) x SQR(Test Pressure) / 133200 = (in feet) (in inches) ( ~, OOO ) x ( 20 ) x SQR( ( /, ~0 ) 'x ( ~ ) x SQR( ( ) x ( ) xSQR( ( ) x ( ) x'SQR( ( ) x ( .) xSQR( ( ) 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: /..579 · Pressure at End of test: Amount of water required to bring Pressure up to beginning, pressure: Engin93~r Hole, ~ontes & Associates, Inc. Contractor _PfML. A FORM. 110-L DTD 2 NOV 1987 Jeb Bush Governor Department of Environmental Protection South District P.O. Box 2549 Fort Myers, Florida 33902-2549 ~ ~ ~ C:, 7ill, avid B. Struhs Secrer~ry ..... March 8,2001 Stuart Wood, Managing Member LB/P GROVEWAY, LLC 2055 Trade Center Way Naples, FL 34109 Re: Collier County - PW Bridgewater Bay, Phase One Water Distribution System (Collier County Regional WTP) 168760-002-DS Southwest Coast EMA Dear Mr. Wood: This acknowledges receipt of certification that the subject water distribution system extension has been completed in accordance with the plans and related materiais permitted by this agency under Permit Number 168760-002-DS dated July 13, 2000. Based on this certification and satisfactory bacteriological results, we are approving these facilities for service. Your continued cooperation in our water supply program is appreciated. Sincerely, O. James Oni Professional Engineer Water Facilities OJO/MFJ cc: W. Terry Cole, P.E. Thomas Kuck, P.E. "More Protection, Less Process" Printed on recycled paper. Floriua Department of Environmental Protection i-n Twin Towers Office Bldg., 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 DOMESTIC WASTEWATER COLLECTION/TRANSMISSION SYSTEM~ CERTIFICATION OF COMPLETION OF CONSTRUCTION ~ INSTRUCTIONS: This form is to be completed and submitted to the Department, prior to placing the system into ope~'~ftion. 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: 50581-222 DWC/CG Name of Project: BRIDGEWATER BAY, PHASE ONE Dated 06/29/00 Name of O~vner: LB/P GROVEWAY, LLC Name of design engineer and Florida registration number (if different from engineer signing certification): Date(s) connection to existing system or treatment plant: OCTOBER 1, 2000 Treatment plant serving project Name: NORTH COUNTY REGIONAL WATER RECLAMATION FACILITY County: COLLIER City: NAPLES DEP Identification Number (also known as WAFR or GMS Identification Number): Substantial deviations fi.om the approved plans and specifications (attach additional Water main was relocated to opposite side of Horizon Lane from station the opposite side of Horizon Lane. FLA-014139 ,d): relocated to DEP Form 62-604 300(7){b) Effective June I, 1992 Page I of 3- FEB 2 ? 2001 11 Southwest District Somh Di~'iet ....... Southeast Dislrict 3804 Co~ollul Pahll Dlive2295 Victoria Ave, Suite 3~ 4~ N Congr~s Ave, P O ~x 15425 T~upa. Florida 33619-8318Fort My~s, Florida 33~ I W~t Palm B~ach, Fl~ida 33416 8 ~ 3 -744 -6 [ 00 813 -332-6975 561-681-66~) WAIVER OF LIEN KNOW ALL MEN BY THESE PRESENTS, that Timothy C. Mitchell, Sr., as President, of Haleakala Construction, Inc. for and in consideration of TWO HUNDRED FOURTYTHREE THOUSAND TWO HUNDRED SEVENTYSIX DOLLARS AND TWELVE CENTS ( $ 243,276.12 ) and other good and valuable considerations, lawful money of the United States of America, to me in hand paid, the reciept whereof is hereby acknowledged, does hereby waive, release, remiss, and relinquish any and all right to claim any lien or liens for work performed or material furnished, or any kind or class of lein whatsoever on the following described property: ( Please provide full name and location of development and a description of the utility system constructed ) All the Potable Water Main and Sanitary Sewer Systems for Bridgewater Bay Phase One as depicted on the construction drawings prepared by Hole Montes & Assoc., Engineers By' Haleakala Construction, Inc. 5758 Taylor Road Naples, Florida 34109-1856 Jh~othy~itchell, Sr., President STATE OF FLORIDA ) ) COUNTY OF COLLIER ) SS: The foregoing instrument was signed and acknowledged before me this 18th day of April, 2001 by is personally known to me and who did not take an oath. Brenda K Merchant CC 732239 7/1/96 11-3 State of FLorida Department of NeB[th Office of Laboratory Services JacksonviLLe, Miami, PensacoLa Tampa, West PaLm Seach DRINKING WA TER BACTERIOLOGICAL ANAL Y$15 'FOR LAB USE ONLY SYSTEM NAME: ADDRESS: COLLECTOR: Press hard, (5) copies SYSTEM I.D. NO: COUNTY: SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: : TYPE OF SUPPLY(Circle one):: Community water system Nonco~unity water system Private well swimming poOL Bottled water SYSTEM PHONE #: DISTRICT: · COLLECTOR PHONE #: TYPE OF SAMPLE(Circle one): Compliance (Check Box) [ ] Distribution [ ] Raw Nontransient - noncommunity water system Limited Use system COLL. NO. Repeat Replacement Main clearance TO BE COMPLETED BY~TOR OF SAMPLE SAMPLE POINT (Spec(fic Address) Well survey Other [ ] Check here if payment made to county public health unit ANAL?_____S_IS M_____ETHOD: NON COLIFORM *TOTAL TO E dE COMPLETED RY LAB MF MTF MMO-MUG PA cONFIRM CONFIRM TOTAL FECAL E. COLI SAMPLE NUMBER * Results in this column are presumptive. Total coliform and fecal coliform or E_=. co[i 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 NAM, AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: SATISFACTORY INCOMPLETE COLLECTION INFORMATION REPEAT SAMPLES REPLACEMENT SAMPLES State of FLorida Department of HeaLth Office of Laboratory Services JacksonviLle, #iami, PensacoLa Tampa, West PaLm Reach DRINKING WATER BACTERIOLOGICAL ANALYSIS FOR LAB USE ONLY Press hard, (5) copies SYSTEM NAME: SYSTEM I.D. NO: SYSTEM PHONE #: ADDRESS: COUNTY: DISTRICT: COLLECTOR: COLLECTOR PHONE #: SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: ' '' ' · TYPE OF SUPPLY(Circle one): Communit% WQt~r.system? Noncommunity water system Nontransient - noncommunity water system Private well Swimming pool Bottled wale? Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement Main clearance = Well survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health unit TO BE COMPLETED BY COLLECTOR,OF SAMPLE TO-BE COMPLETED BY LAB ANALYSIS METHOD: MF i MTF MMO~MUG PA COLL. SAMPLE POINT CL NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER * Results in this column are presumptive. P - CoLiforms are present A - CoLiforms are absent Total coliform and fecal coliform or E. coLi confirmation will follow in 24-48 hours. C - Confluent growth TA - Turbid, Absence of gas or acid TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER ~c~° NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES ENVIRONMENTAL QUALITY LAB. 1009 Tamiami Trail Port Charlotte, FL 33953 HRS #85116 DRINKING WATER BACTERIOLOGICAL ANALYSIS RECEIVED: ANALYZED: OUT: FOR LAB USE ONLY LAB CERTIFICATION SYSTEM NAME. ADDRESS: SYSTEM I.D. NO: COUNTY: COLLECTOR:. SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: TYPE OF SUPPLY (Circle one): TYPE OF SAMPLE (Circle One): SYSTEM PHONE #:. ~.. 0/// ~' /" DER DISTRICT: COLLECTOR PHONE #: Community water system Non community wate~ system Nonlransient - non community water system Private well Swimming pool Bottled water Other public water system Compliance Repeat Replacement ~ Well survey Othe¢ (Check Box) (Check Box) r-I Distnbution F3TNTC or C r"l Raw E]Turbid (Specqy) REMARKS: COLL. NO. TO BE COMPLETED BY COLLECTOR OF SAMPLE SAMPLE POINT (Specific Address) METHOD: SAMPLE NUMBER P i-tor,, a. 3 /¥7 TO BE COMPLETED BY LAB~ NON CONFIRM COLIFORM 'TOTAL TOTAL PA CONFIRM FECAL · Resulls 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 C - Confluent growth TA - Turbid, Absence o! gas or acid A - Coliforms are absent 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 INFORMATI~ ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES ENVIRONMENTAL QUALITY LAB. 1009 Tamiami Trail Port Charlotte, FL 33953 HRS #85116 DRINKING WATER BACTERIOLOGICAL ANALYSIS RECEIVED: ANALYZED: OUT: FOR LAB USE ONLY LAB CERTIFICATION #85116 COUNTY: SYSTEM PHONE DER DISTRICT: ADDRESS:_ ~..~(~ ~:) .- . . ff) J COLLECTOR PHONE #: · COLLECTOR: ('~ n SAMPLE SlT~ Subdivision~. ~ ' r-.t I ('-' -- ~ ' DATE AND TIME COLLECTED' ~ ~ ~" TYPE OF SUPPLY (Circle one): Community wat~'r system Non community wat? sy?tem Nontransient - non community water lystem Private well '- 'Swimming pool Boffie~ water Other public water system TYPE OF SAMPLE (Circle One): Compliance Repeat Replacement ~ Well survey Other (spec~ty) (Check Box) (Check Box) I"tTNTC or C [:3 Distribution OTurbid {::3 Raw REMARKS: TO BE COMPLETED BY LAE TO BE COMPLETED BY COLLECTOR OF SAMPLE MI: MTF PA --------'-----' NON CONFIRb COLL, SAMPLE POINT 'TOTAL TOTAL FECAL NO. (Specific Address) SAMPLE NUMBER ,COLIFORM · 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. Colitorms are present C - Confluent growth TA - Turbid, Absence of gas or acid A - Coliforms are absent 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 INFORMA'I ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES BRIDGEWATER BAY, PHASE ONE HM FiLE No. 1999.006 UTILITY CONVEYANCE-WATER ONLY DESCRIPTION 10" PVC DR-18 WATER MAIN QUANTITY 30 LF UNIT PRICE $18.38 TOTAL $551.40 6" X 3" FIRE/DOMESTIC BFP ASSEM. 1 EA. Total $25,000.00 $25,000.00 $25,551.40 BOND AMOUNT (10% OF TOTAL) $2,555.14 CERTIFICATION OF CONTRIBUTORY ASSETS PROJECT NAME: LOCATION: BRIDGEWATER BAY - PHASE ONE BRIDGEWATER BAY SECTION 1, TWP. 49 S.. RNG. 25 E. COLLIER COUNTY. FLORIDA NAME AND ADDRESS OF OWNER: LB/P GROVEWAY LLC PALM NAPLES GROVEWAY, INC. 3 WORLD FINANCIAL CENTER NEW YORK. NEW YORK 10285 TYPE UTILITY SYSTEM: POTABLE WATER 10" PVC DR-18 WATER 10"PVC DR-14 WATER 8" PVC DR-14 WATER FIRE HYDRANT AIR RELEASE VALVE "X 3" FIRE/DOMESTIC BFP ASSEMBLY ." WATER SERVICE ?ESTING 0"GATE VALVE GATE VALVE PERMANENT BSP :IRE SERVICE STUB OUT Sub Total ~T~LEWA~RMAIN LF $18.38 $7,35~2.00 ] -LF $21.04 $33,243.20] ~-i;'~- $17.13 $~24,838.50 EA $2,050.00 $24,600.00 EA $1,100.00 $5,500.00 EA $25,000.00 $25~000.00 EA $500.00 $13,500.00 EA $1,000.00 $1,000.00 EA $1,100.00 $2,200.00 EA $875.00 $1,750.00 ~A $1,ooo.oo $:~,ooo.oo ~E_~l $1,150.00 $17,:250.00 $159,233.70 4O0 1580 1450 12 5 1 27 1 2 3 15 (If more space is required, use additional page(s). Number each page and include the name of the project. 7/1/96 11-5 CERTIFICATION OF CONTRIBUTORY ASSETS PROJECT NAME: LOCATION: BRII}GEWATER BAY - PHASE ONE BRIilGEWATER BAY SECTION 1, TWP. 49 S_ RNG. 25 E. COLLIER COUNTY. FLORIDA NAME AND ADDRESS OF OWNER: LB/P GROVEWAY LLC PALM NAPLES GROVEWAY. INC. 3 WORLD FINANCIAL CENTER NEW YORK, NEW YORK 10285 TYPE UTILITY SYSTEM: SANITARY SEWER SYSTEM SANITARY SEWER ~'~PVC SDR-26 SEWER0-6'CUT 1668 i~~ $14.22 $23,718.96 8"PVC SDR-26 SEWER 6-8' CUT 843 --~F _ $16.22 $13,673.46 'DIA MANHOLE 0-6'CUT 8 $1,225.00 $9,800.00 4' DIA MANHOLE 6-8'CUT 4 6[~ PVC LATERAL 2245 IT.V. VIDEO S~ER- ONE TIME I $1,650.00 $6,600.00 $10.00 $22,450.00 $150.00 $4,800.00 $3,ooo.oo $3,ooo.oo $84,042.4~2_1 (If more space is required, use additional page(s). Number each page and include the name of the project. 7/1/96 11-5 HOLE MONTES ENGINEERS' PLANNERS. SURVEYORS April 19, 2001 950 Encore Way · Naples. Florida 34110 · Phone: 941,254~2000 · Fax: 941.254.2099 Ms. Shirley Nix COLLIER COUNTY GOVERNMENT 2800 North Horseshoe Drive Naples, Florida 34104 BRIDGEWATER BAY - PHASE ONE WATER AND SEWER FACILITIES ACCEPTANCE HM FILE NO.: 1999006 Dear Ms. Nix: I hereby state to the best of my knowledge and ability that the wastewater collection system and the water distribution system are located in the platted right-of-way and the easements, which are submitted as part of the conveyance package. Very truly yours, HOLE MONTES, INC. W. Terry Cole, P.E. Vice President WTC:tdc W:\1999\1999006\wt&PHASE ONE\SNO 10419.doc Naples · Fort Myers · Venice. Englewood WARRANTY The'~lndersigned parties do hereby warrant and/or guaranty all work executed by the contractor on the water and/or sewer systems of ( Name of Development ) BRll}GEWATER BAY - PHASE ONE to be flee from defects in material and workmanship for a period of at least one ( 1 ) year from the date of acceptance by the Collier County Board of County Comnfissioners. The undersigned parties further agree that they will, at their own expense, repair and replace all such defective work and all other work damaged by said defective work under this Warranty - Guaranty. It is furthermore understood that the consideration for the giving of this Warranty and/or Guaranty is the requirement by the General Conditions and Specifications under which the contract was let that such Warranty and/or Guaranty would be given. Haleakala Construction. Inc. By: - · President STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 1 st day of September, 2000 by Timothy C. Mitchell, St, who is personally known to me and who did not take an oath. l~renda K M~erchant CC 732239 7/1/96 11-2 Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners IPayment Slip Nbr UT 76545 Trans Number ! Date l Post Date 225275 --~10)03/2000 11:24:06 AM~ 10/03/2000 HALEAKALA CONSTRUCTION BRIDGEWATER/ORANGE BLOSSOM & VANDERBILT BEACH RD Payor' HALEAKALA CONST Fee Code i 42CYIN Fee Information Description COUNTY INVOICES iGL Account 40800000011510000000 Total Amount~_Waiv~d $282.97 $282.97 Payments I Pa ment Code ! Account/Check Number Amount ~ 126862 i $282.97 Total Cash Total Non-Cash Total Paid $0.00] $282.97 $282.97} Memo: DOR1121, W/O #029104/25170, FULL BORE FLUSH Cashier/location: FOGLE_C / 3 User: AVILES_L Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:10/1312000 8:31:08 AM Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Number [25205~ tDate 1 Post Date 03/13/2001 12:27:47 PM ]_0--~3/-~-~1 Payment Slip Nbr UT 82863 HALEAKALA CONSTRUCTION, INC. BRIDGEWATER BAY Payor: HALEAKALA CONT de ~n _1 COUNTY ~-NVOICES Fee Information ~_ Account ~--0~00~ 1510000000 Amount ~Waived Total Payment Code CHECK Payments lAccountJCheck Number 027892 Amount $572.70 Total Cash $0.00~ Total Non-Cash $572.70~ Total Paid I $572.70J Memo: DOR1377, W/O # 032587, BACT TESTING Cashier/location: CROMEENES_A / 3 User: AVILES_L Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:09/12/2001 3:07:08 PM APR--10--01 Fire I'rcvcn~ion P, urc~tu 1780 lmmokalcc Ii.ad, Naples. I7I., ,t4110 (941)-597-9227 - [;ax (941) 597-3222 April 9, 2001 To: Hole Montes and Assoc. 715 10'~ Street South Naples, FI 34102 Re; Fire Hydrant Acceptance Bridgewater Bay, 7902, 7802, 7602,7502, 7402 Livingston Road, 7301, 7201, 7101 Bridgewater Bay Blvd, 3263,3227, 3199, 3161, 3131,3101 Sundance Circle, 3089, 3086, 3078 Windsong Court, 3063, 3055, 3056, 3047, 3039, 3035, 3027, 3019 Horizon Lane 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. $125.00 per hydrant times number of hydrants 25 = $23.00 per thrust block times number of hydrants 25 = one flow charge at time of acceptance $35.00 = $ 3000.00 $ 552.00 $ 35.00 Total: $3735.00 Following are the results of the flow test: Static: 68 Resid: 62 Flow: 989 Pitot: 44 x 1 If you have any questions, please do not hesitate to give me a call at 597-9227. erely, ./~ Re~~ds, ~ Marshal Fire Prevention Bureau Pd Cks #1374 Hal-akalae ~ ~ l~d~t~l~n~ Construction, Inc. , I ! 5758 Taylor Road, Naples Ms~nsAddg~# same As Above $4109 00% ~ Oooo ~ ~5 DateT~t~ ~ ~ Note: All repah sM. be complete~ within mt (10) days. I hereby cerdfy ttmt thls dam is accurate and reflects the proper operation and maintenance of the membly: Haleakala $7.5~ T&yloc t~:md tl~vl~, FJ.oz4.~ 3~109-18R9 tem ce Report Construction, Inc. 5758 Taylor Road, Test~l%in.,m~ctut~ Mid-West Naples IVlnllJngAddre# Same As Above ' B4109 Me~t Nb ' ~ / '$ · Dnte Te~ted ~ [ I d~ed o~y [ ]'c~ o~y [ ] cl~cd only [ ] d~ o~y r~h~: ~~~t replaced: ~cph~:~ rub~ ~t rubber ~t [ ' Or OE ~t ~t Sc~t ~u ~ o~ ~ tc~ss Ch~k Note: All tzp~ slmll be complet~ with~n ten (lO) day~ I hereby cetdfy that this dsm b nccumte and tcflecu the pt~q~er opent~on and maintenance of the assembly. Te~tc~ HOLE, MONTES & ASSOCIATES, INC. ENGINEERS - LAND SURVEYORS 715 TENTH ST SO. NAPLES, FL 33939 INFILTRATION/EIFILTRATION TEST OF SANITARY SEWER Engineer's Project N~mber: Date of Test :__. / L/ 5-/ 0 0 Description of Line Tested: CALCULATION OF ~T.T~WABLE INFILTRATION/R~ILTRATION PER 24 HOURS: (Gallons) x (Diam. of Pipe) x (Length of Pipe) / 5280 ft/m~ = (in inches) (in feet) so x ( ~" ) × ( ~,577 )' / 5280 = so × ( ) × ( ) / 5280 = 50 x ( ) x ( ) / 5280 = 50 x ( ) x ( ) / 5280 = 50 x ( ) x ( ) / 5280 = 50 z ( ) x ( ) / 5280 = 50 x ( ) x ( ) / 5280 = 50 x ( ) x ( ) / 5280 = Total gallons RESULTS OF TEST: Amount of infiltration/exfiltration measured Visible leaks noticed Hol~, ~ontes & Associates, Inc. HKA FORM 100 DTD 3 DEC 1988 Contractor Finest in Wastewater Structure Rehabilitation!" To Whom It May Concern: , is letter as certi.f~tion that the structures supplied to, Please accept th, is ,.,, .*T-l/2~.:- ... ! , will be double Williams brand Coal Tar epoxy C-200, an acceptable bituminous or epoxy sealer. 4461 I. lancock Bridge Parkway * Nth. Ft. Myers, FL 33003 * 941-097-6645 * 941-t}97'7117 FAX COLLIER' COUNTY UTILITIES W'ASTEW~TER DEPI~RTMENT PROJECT VIDEO REVIEW 1-22-01 DATE OF REVIEW: PROJECT NAME: Bridgewater Bay~ Phase 1 (Private) (North) ENGINEER OF RECORD:' CONSTRUCTION CONTRACTOR: VIDEO CONTRACTOR: Sewer Viewer COMMENTS: Services and lines acceptable RECOMMENDATIONS: ~ REVIEW NLrMBERED COMMENTS IN ONE YEAR: { I NUMBERED COMMENTS UNACCEPTABLE: (REPAIR/REPLACE) ~--~ OTHER RECOMMENDATIONS: COLLIER COUNTY GOVERNMENT COMMUNITY DEVE~LOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION May 24, 2001 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Mr. Terry Cole Hole, Montes & Associates 715 10th Street South Naples, Florida 34102 94]-254-2000 RE: Bridgewater Bay Phase One, Water & Sewer Dear Mr. Cole: A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering Review Section of the Planning Services Department on May 24, 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. Sincerely.,,~ .,,,/ Randy Casey Engineering Inspector 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 Shidey Nix, Engineering Tech. 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