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Naples Gateway Frontage Road
MEMORANDUM DATE: TO: FROM: RE: May 15, 2003 Maureen Kenyon, Supervisor, Clerk to Board Sherry Eaton~ Engineering Technician Engineering Services Naples Gateway Frontage Road Water and/or Sewer Facilities Acceptance On lO/ ~10%., 200_ The Board of County Commissioners granted 'final acc~tance of the water and/or sewer facilities within the above-referenced project· Attached, please find the following recorded documents, in order: 3 - Utilities Facilities Subordination, Consent and Joinder 2. 3. 4. Bill of Sale Utility Easement Utilities Facilities Warranty Deed Also, please find attached the following documents for your files. 10. 11. 12. 13. Owner's Affidavit 4 - Attorney's Affidavit Copy of preliminary approval letter from Engineering Review Engineer's final payment confirmation Certification of pressure testing of water lines by Engineer of Record Certification of pressure testing of sewer lines by Engineer of Record Bacteriological clearances (DER certification) for water facilities DER Placement-in-Service letter for sewer facilities Contractor's Final Release of Lien Memorandum to Maureen Kenyon, Supervisor, Clerk to Board May 15, 2003 Page Two 14. Lab results on bacteriological test for water lines 15. Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) 16. Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements 17. 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 18. Payment of water usage, laboratory and administrative charges for filling, flushing and bacteriologically certifying water lines from invoice prepared by the Utilities Division 19. Letter from fire district regarding ownership and maintenance of fire hydrants and certification of field fire flow capacity testing 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. 23. Copy of video tape test report Letter from Engineering Services Department certifying that the preliminary inspection reveals that the Utility facilities have been constructed in accordance with County ordinances and regulations If you have any questions, please call and advise accordingly. attachments doc:2094-2 Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ORIGINAL OFFICIAL RECEIPT When Validated BY: DALE DEPUTY CLERK RECEIPT: NAME : PAYOR: REFNC: DOC TYP SUBORD SUBORD SUBORD B SALE ESMT DEED 3957230 ENGINEERING REVIEW/ SEA BCC 113 138312 63 649030 DC: 6 DOCUMENTS FILE ID BOOK PAGE 3187719 3296 0591 3187720 3296 0593~ 3187721 3296 0595 3187722 3296 0599 3187723 3296 0604/ 3187724 3296 0609 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 DEPOSIT ACCOUNTS REFUNDS 98.00 14.50 .70 DEPT: RECORDING TOTAL DUE: 113.20 Page 01 of 01 PREPARED BY AND RETURN TO: THOMAS G. ECKERTY, ESQUIRE 12734 Kenwood Lane, Suite 89 Fort Myers, FL 33907-5638 Strap No.: Recording: $ 3187719 OR: 3296 PG: 0591 RECORDED in OPEICIAL RECORDS of COLLIER COUNTY, FL 05/21/2003 at O9:IlAM D~IGHT E, BROCK, CLERK REC ~EE 10,50 Rein: ENGINEERING REVIEW/ S EATON HORSESHOE DR EX 2935 UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND JOINDER given this ~'~" day of ~ 2003, by FIFTH THIRD BANK, FLORIDA, (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 recorded in O. R. Book 3044, Page 2837, et seq 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 utility facilities 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 utility facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. *** OR: 3296 PG: 0592 *** IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. FIFTH THIRD BANK, FLORIDA Print n~me: I ,t~,,'5-~k,~- .~. Its: /"~v' P ' STATE OF FLORIDA COUNTY OF LEE ~7'-~L ~-ff. 'l The foregoing instrument was acknowledged before me,his ~-~ day of I~m.~l~. 2003, by ~--~-:~'~:> ~),~.,/ I~-"r-ci~ ( , as the~. 0~., for FIFTH THIRD BANK, FLORIDA, (..,.')-"~ho is personally known to me, OR ( ) who produced as identification. Print name: Commission No.: My Commission Expires: PREPARED BY AND RETURN TO: THOMAS G. ECKERTY, ESQUIRE 12734 Kenwood Lane, Suite 89 Fort Myers, FL 33907-5638 Strap No.: Recording: $ 3187720 OR: 3296 PG: 0593 RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, PA 05/21/2003 at 09:llAM DWIGHT E, BROCK, CLERK REC ~E 10.50 Retn: ~NGIN~ERING REVIEW/ S EATON UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND JOINDER given this~/$~day"' "" of March, 2003, by NORTHERN TRUST BANK OF FLORIDA, NA, (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 recorded in O. R. Book 2868, Page 1717, et seq 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 utility facilities 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 P,-operty 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 utility facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. *** OR: 3296 PG: 0594 *** IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. NORTHERN TRUST BANK OF FLORIDA, NA By: ~ ~ Print name: ~'-: i ~ , ,. -- STATE OF FLORIDA COUNTY OF~ The foregoing instrument was acknowledge(3 before me thisS/ day of March, 2003, by"~,i~-.,/~¢~..~znrTOF) as the Vi'ce -P'F~.~ib/.e~'l- for NORTHERN TRUST BANK OF FLORIDA, NAi (v)/who is personally known to me, OR ( ) who produced as identification. ANNE L BROGL NOTARy pUb. ir! '. ..... EY N~ary PublicZ Commission No.: My Commission Expires: PREPARED BY AND RETURN TO: THOMAS G. ECKERTY, ESQUIRE 12734 Kenwood Lane, Suite 89 Fort Myers, FL 33907-5638 Strap No.: Recording: $ 3187721 OR: 3296 PG: 0595 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/21/2003 at 09:IlAM DWIGHT E, BROCK, CLERK R~tn: RNC FEN 19,50 BNGINNBRIMG REVIEW/ S BATON HORSNHHOE DR BX 2935 UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND JOINDER given this /o"ti"- day of (hereinafter referred to as "Mortgagee"), in favor of 'the BOARD %F 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: WHEREA ,S, Mortgagee is the certain i'¥~ c . recorded in O. R.~B~ok owner and holder of that , et seq 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 utility facilities 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 utility facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. OR: 3296 PG: 0596 IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. STATE OF FLORIDA COUNTY OF ~ ([,.~he foregoing instrument was acknowledged before me Ove_rQOa-~. ,, 2001, by ~ t",ec%o(%,/ (.o~'r~ _ ,(~ who is personally known to me, OR ( ) who produced identification. this ~ day of as Uota~ ~l~lic _ Commission No.: My Commission Expires: Mary M. Retngardt April 9 2005 OR: 3296 PG: 0597 EXHIBIT "A" 15' WATER ~%IAIN EASE~IENT LEGAL DESCRIPTION: BEGINNING AT TI-Il:; SOU'flII{AST CORNEl( OF I.OT 6 OF NAPLES GA'I'EWAY PHASE 2, AS RECORDED IN Pi,Nr BOOK 35, PAGE 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORII)A AND ALSO BY. lNG 7lie NORTII RIGHT OF WAY LINE OF PINE RIDGI{ ROAD RUN N 80"37'a0" w FOR 330.00 FEET TO A POINT ON SAID RIGIIT OF WAY LINE; TIIENCE RUN ALON(j TI Ii:. AR('. OF A CURVE TO T! IE RIGIIT OF RADIUS 5639.58 FI:.ET (CHORD BEARING S 88°51'06'' W) (CIIOILD 153.42 FEET) (DEL'fA 0t°33'3 !") FOR 153.42 FEET TO A POINT ON SAID RIGIIT Ol: WAY; THENCE RUN N 01°55'40" E FOR 15.00 FEET; TIIENCE RUN AI.ONG THE ARC OF A CURVE TO THE LEFT OF RADIUS 5624.58 FEE7 (CIIORD BF. AIt, ING S 88051'06.. E) iCI IOl~D i 53.01 FEE~F) (DEI.'I'A 01"33'31") FOR 153.01 FF. ET; THENCF. RUN ,~ 89°37',10'' E FOR 32~.99 FF. ET TO TIlE EAST LINE ~)1: l.(yr 6; 'I'HENCF. RI/N AI.ONG TIlE EAST I.INE OF I.Of 6 S 00" i 9' I O"W Ft)R 15.00 FE!~T TO TH E POINT OF BEGINNING. 4/4/61 980040.02 ~ lO1 G 103 'S3-1dVN and ,W~3.Lvo I PREPARED BY AND RETURN TO: THOMAS G. ECKERTY, ESQUIRE 12734 Kenwood Lane, Suite 89 Fo~ Myers, FI. 33907-5638 Strap No.: Recording: $ 3187722 OR: 3296 PG: 0599 RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL 05/21/2003 at 09:llAM DWIGHT E, BROCK, CLERK Retn: ~NGI~ggRING R~VI~W/ S HORSBSHOB DR BX 2935 BILL OF SALE THIS BILL OF_,S,~LE evidencing the sale and conveyance of the water utility facilities described herein is made this b-~"~ day of November, 2001, by GERARD A, McHALE, JR., successor Trustee under unrecorded land trust agreement dated December 10, 1992, with full power and authority to protect, conserve, sell, lease, encumber or to otherwise manage and dispose of the real property described herein, as provided in F. S. 689;071, HARLEY DAVIDSON OF NAPLES, INC., a Florida corporation, and CBL PARTNERSHIP, a Flodda general 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 the Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Seller in hand paid by said Buyer, the receipt whereof is hereby acknowledged, hereby 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 Buyer's heirs, successors and assigns forever, all those certain water utility facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to-wit (see attached Exhibit "A" 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 refereed to as utility facilities; that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. IN WITNESS WHEREOF, Seller has caused these presents to be executed the day and year first above written. Witnessed by: Print name: .< K To/ GERARD A. McHALE, JR., successor under unrecorded land trust agreement dated OR: 3296 PG: 0600 Print name:~~~L~~ December 10, 1992, with full power and authority to protect, conserve, sell, lease, encumber or to otherwise manage and dispose of the real property described as provided in F. S. 689.071 STATE OF FLORIDA COUNTY OF LEE ./ The foregoing instrument was acknowledged before methis .~day of ~~ , 2001, by GERARD A. McHALE, JR., successor Trustee, under unrecorded land trust agreement, dated DeCember 10, 1992, with full power and authority to protect, conserve, sell, lease, encumber, or otherwise manage and dispose of said property as provided in FS 689.071, who is personally known to me, and who did/did not take an oath. NOTARY STAMP OR SEAL ~AVID ISLEY ~'~ Notary Public Pdnted Name: ~::~, Commission No.:. CC My Commission Expires: STATE OF FLORIDA COUNTY OF.~ The foregoing instrument was~cknowledged before me this by ._'~'lc~-y ~,,.0~-3" ~~'7-- , the ~)tl~--'~ Florida corporation, who is personally known to me,J=.c.~ced -J4Je~4~-at~lT~3d wJ~-dfE/-did not take an oath. NOTARY STAMP OR SEAL day of j~)/) YL~--~¢-Tt-., 2001, of Harley Davidson of Naples, Inc., a Notary Pub~lic OR: 3296 PG: 0601 CBL PARTNERSHIP, a Florida general Print Name: c_t-..,~.V~ ~. '~-..~. Its: STATE Of FLORIDA COUNTY OF The foregoing instrument was acknowledged bef;).r.e me this. ~ .day of ['"~Ot/P-0R(~P--A-, 2001, by C¼~r-\e$ ~', I c~ek~Or3 . , the ~lo~c~o. cl~c-~'- of CBL PARTNERSHIP, a Florida general partnership, who i?j3ers_onally know_o, to me, 9rwho I~a~ produced as identification, and who did/did not take an oath.c~ Notary ~ Ii Commission No.: ~ [~ ©O ~ (._~)'c~ Commission Expiration: ~ii~I Mow M. Eelngerdt MY COMMISSION # DD0080&2 EXPIEES April % 2005 ·., BONDED I'HRU TROY FAIN INSLIRANCE, INC OR: 3296 PG: 0602 EXHIBIT "A" 15' WATER MAIN EASESIE, NT LEGAL DI/,SCRII'TION: BEGINNING AT TIIE St)UTIII{AST CORNER OF I.OT 6 ()F NAPLES GATEWAY PtIASE 2, AS RECORDED IN PI,AT BOOK 35, PAGE 49 OF TIlE PUBLIC I~,EC()P, DS OF COLLIER COUNTY, FLORII)A AND ALSO BF. ING-IIIE NOI¥111 RIGHT OF WAY LINE OF PINE RIDGli ROAD P, UN N 89%7'40" W FOR 330.00 FEET TO A PO[NI' ON SA1D RI(;IIT OF WAY LINE; TIIENCE RUN AL()NqJ TI IF, All('. (')F A CURVE TO Till:. R1GIIT OF RADIUS 5639.58 FEI';'I' (CIt(_)IU) BE,\R[NG S 88°51'06" W) {CtlORD 153.42 FEET) (I)ELTA 01°33'31..) FOR 153.42 FEET TO A POINI' ON SAID IUGIIT OF WAY; THENCE RUN N 01°55'40" E [:OR 15.00 FF.E'I';'I'IIENCE P, UN A1.ONG THE ARC OF A CURVE TO THE I.EFT OF RADII IS 562,1.58 FEE'I (CI IORD BI{AP. ING S 88°51 '06" E) lC} IOI(D 153.0 I FEET) (DEI,TA 01%3'31") FOF, 153.01 FI;,ET; I'HEIqCI:, P, LIN S 89°37',10.. E l, Ol{ 329.~19 FliET TO TIlE EASI' LINE UF IX) l' 6; TtlENCF, RIIN AI.ONG TIIE EAST i.[NE OF I.C) I' 6 S 00° 19' I O"W I:t)R 15.00 l;l-:,l.;'l' TO 'tHE I'OINT O1: BEGINNING. 4/4/01 980040.02 i NAPLES GATEWAY PUD LO[ 3 LOT 4 LO'[ 5 LOT 6 ? c2 .~ s B9'37'40" [ 329.90' 288292u OR: 2921 PG: 1378 t~[O: l~ 72t0 UTILITY EASEMEN,~ MCHALE, JR., TRUSTEE under unra~rdK land ~8t nG~ment d~t~ December 1 2. hereinafter T~. ~o~ add~s is 1601 J~son S~et, S~ 2~, Fo~ M~m, F~da 33901, HARL~ DAVlDSON OF ~PLES, INC., a ~a ~mtion, ~minaffer H~ey Davis., whose a~m~ is 1870 Cla~on Coup, Foal My~s, R~a 33907. a~ CBL PARTNERSHIP, Flodda ge~rai p~mh~p, hereinafter CBL, who~ ~dm~ is ~ ChaHes Idelson, Post Box ~, Fo~ Myem. F~dda 33918, aa Gm~ora, to ~e BOARD OF COUN~ COMM~ONERS OF COLUER COUP. FLORIDA. as t~ Gove~ Body of Collier County and ~fficle, the Govem~ B~rd of ~e Collier ~u~ W~er-S~r D~tdct, ~ suc~ss~s and a~ns, as G~t~, who~ a~mss is 3301 Temiami Trail. E, Na~es, Rodda 34112. WHEREAS. Trustee is the ownm- of Lots 4 and 5, NAPLES GATEWAY PUD, Phase according to the plat t~ereof recorded in Plat Book 35, Page 49, Public Records of Collier County; Florida; and WHEREAS, Harley Oavid$on is the owner of Lot 6, NAPLES GATEWAY PUD, Phase' Ii, according 1o the plat thereof recorded in Plat Book 35. Page 49, Public Records of Collier County., ' Florida: and WHEREAS, CBL is the owner of Lot 3. NAPLES GATEWAy PUD, Phase I, according t° the plat thereof, as recorded in Plat Book 35. Pages 19 and 20. Public Records of Collier County, Florida. WITNESSETH: That the Grantors for and in consideration of the sum of One Dollar ($1.00) 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 ahd assigns, a perpetual, non-excJusive easement, license, and privilege to enter upon, to install and maintain ut[lib/facilities in, on. over and under the following described lands being located in Collier County, Florida. Grantors agrees for themselves, their successors and assigns, that they wil! be responsible for the cost of any and all repairs, replacements, maintenance or restoration of improvements o~ landscaping installed by the Grantors within the easement, to.wit: see parcel description in aaac'hed Exhibit A incorporated herein by reference TO HAVE AND TO HOLD the same unlo the Grantee and assigns, together with the right to enter upon said land. excavate and take materials for the purpose of constructing, operating and maintaining ulE~ty facir~es thereon. IN WITNESS WHEREOF. the Grantors have caused these presents to be executed the date and year first above written. 17 'd 896a 9E6 L176 A-LatB>IOB/J. SI3-1>t INO~I=I INV17S: L[ OR: 2921 1379 ~d trust agreement d~ted ~cemb~ The foregoing instrument was acknowledged before me this..~day of April, 2001, by G~rarcl A. McHale, Jr., T~.~tee, who is persoaally known to me, er ;'.-.~. .... ~.~~a,' a~t who ~l/did not take an oath. HARLEY D,~'IDSON/~F NAPLES, INC,, a The foregoing instrument was acknowledged before me ~is_~ ,day of April, 2001, ~ .S..c. oc~: Fischer ....... the, P~resf."qe~ .: _~ Harley Davidion ~ Naples, Inc., a ROtid'a' corporation, who is perS°n~ly known to me, ~ ~ ,, L _ .... ~on, and who did/dM not take an oath. Print Nama:._e~ Commts~on ~ O OR: 2921 PG: 1380 CBL PARTNERSHIP, a Florida general Commission Expiration: ~'- .-/.,~'~ 886~ 996 L~G ~±W3NO3/±SI33N HO~ ~gS:LL OR: 2921 PC;: 1381 2921 PG: 13'82 LEGAL D~CR~ON: REG~INO AT T~ sou'n~ ~R OF LOT 6 OF N~L~ GATEWAY PHASE 2, AS ~CO~ ~ PI~T ~K COUp, ~ORIDA AND AL~O BErG TIlE ~K'l~ R~HT OF WA PAG~ 49OF ~g PU~Uc ~CO~s OF COLL~ R~E RO~ R~ N R~T'~" w FOR 330.~ FEETTO A ~I'ON WAy ~N~ TI[~'CE R~ A~NG THE ~COF A CuRve ~ 153.42 ~ {D~TA OI ~3'~ I') FOR 153.42 ~ET TO A ~1' ON SA~ ~GI~ OF WAy; ~C~ R~ 01e55'~- ~ FOR 15.~1 F~Mr; TM~CE R~ A LONG ~E ARC OF A I:E~ (D~.TA 01 '33'31 ~ FOR 1~3.01 FEET; T~ ~ S 8~7'40- E FOR 3Z~.99 F~T TO ~ ~S'I' UNE OF L~ 6; 'INE~:E R~ ALO~ ~E ~ST 00'19'! 0 ~w FOR I ~.~ ~T TO '~E POI~ OF OEO~G. 4~4/01 980040.02 0 0 EX:> PREPARED BY AND RETURN TO: THOMAS G. ECKERTY, ESQUIRE 12734 Kem~ood Lane, Suite 89 Fort Myers, FL 33907-,5638 Strap No.: Recording: $ 3187724 OR: 3296 PG: 0609 RECORDED in OFFICIAL RECORDS of COLLIER COUP?Y, FL 05/21/2003 at 09:llAM DWIGHT B, BROCK, CLERK RBC FEB 24.00 DOC-.70 .70 Retn: BNGINBNRING RBVIHW/ S BATON HORSESHOE DR BX 2935 UTILITY FACILITIES WARRANTY DEED THIS INDENTURE made this O'-'JQ~ d f - ay o November, 2001, between GERARD A. McHALE, JR., successor Trustee under unrecorded land trust agreement dated December 10, 1992, with full power and authority to protect, conserve, sell, lease, encumber or to otherwise manage and dispose of the real property described herein, as provided in F. S. 689.071, HARLEY DAVlDSON OF NAPLES, INC., a Florida corporation, and CBL PARTNERSHIP, a Flodda general partnership, hereinafter called the 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, hereinafter called the Grantee. WlTNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, hereby 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 dghts for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to-wit: (see attached Exhibit "A" hereto, and incorporated by reference herein) and said Grantor does hereby fulty warrant the title to said utility facilities, and will defend the same against the lawful claims of all persons whomever. 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, and take materials for the purpose of constructing, operating and maintaining utility facilities thereon. 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 day and year first above written. Witnessed by: Print name: under unrecorded land trust agreement dated OR: 3296 PG: 0610 Print name: December 10, 1992, with full power and authority to protect, conserve, sell, lease, encumber or to otherwise manage and dispose of the real property described as provided in F. S. 689.071 STATE OF FLORIDA COUNTY OF LEE The foregoing instrumentwas acknowledged before me this ,5~- ~day of FF~//~~dF~ ,2001, by GERARD A. McHALE, JR., successor Trustee, under unrecorded land trust agreement, dated December 10, 1992, with full power and authority to protect, conserve, sell, lease, encumber, or otherwise manage and dispose of said property as provided in FS 689.071, who is personally known to me, and who did/did no.t take an oath. NOTARY STAMP OR SEAL Print name: Prin{ name: Notary Public Pr nte ,an : £ . 'b ..,. ...'.' Commission No.: C, c.. c],~z/435'-/ --' My Commission Expires: HARLEY DAVID,SON ~F NAPLES, INC., a Fl°ridqc°rp°ra~ n~ /I ~ Print I~e/~ ~-~l~gr'-~ ~ ~ ~ k~ STATE OF FLORIDA COUNTY O~ The fore_going instrument was acknowledged before me this by '3"~=c// ~ ~-$c.¢~--~-3~- , the~L~ Florida corporation, who is personally known +''' ""~' ...... ~'" ~' ..... '~"r'~'~ ide~'ffif'~rtfor~nd who did/did not take an oath. NOTARY STAMP OR SEAL day of ~ v/~-~~ , 2001, of Harley Davidson of Naples, Inc., a Print Name: Commission No.:~ Commission Ex:pi :,, OR: 3296 PG: 0611 CBL PARTNERSHIP, a Florida general partnership ~ :~_,~ _~-_ 'J~'"~"*'~ **~*~ ~c_**, By: ~ ~~ ~ P~nt Name: ~ ~~, ~~ Its: ~ ~ STATE OF FLORIDA COUNTY OF 6OL-L-IEfa, L..~---. E The foregoinci instr ertt was acknowledged befo~'e me this day of ~ ~©~/P_._(T~(~J._~, 2001, by ~_~~ "~, / (:~C_L.~O~ , the ~T~,CLQO_c~'~ of CaE PARTNERSHIP, a Florida general partnership, who i~s personall.v know_n to me, o[ w, ho h~a~ prod~uced as identification, and who did/did h-6t*take an Oath. ~-' Notary ic Commission No.i ..~") Commission Expiration: Mary M. Reingardt MYCOMIvflSSION # DO00~62 April 9, 2005 [~ONDED THRU T~OY FAIN INSURANCE OR: 3296 PG: 0612 EXHIBIT "A" lb' WA'I'EI/, MAIN F. ASEblENT LLGAL DL~CRIPTIf)N: BI'f9INNING AT TI IL SDUTI lEAST CORNEl( OF [,fYI' fi ()F NAPLES GATI!WAY I't [ASE 2, AS RECORDED IN PI,AT BOOK 35. PAGE 49 OF TI.IE I'UBL1C I~,IZt. 7()I(I')S OF COLLIER COUNTY, FLORII)A AN[) Al,SO BEING 'l IIF, N©t('I I1 RIGH 1' ()I' WAY LINE OF PINE RlI~til.~ ROAD RUN N 89"37',10" W FOR 330.00 FEET TO A P(')INI' £)N SAID RI(;IIT OI: WAY I,INE; TIIF, NCE RUN AL(.)NO TIll.; Ail(: OF A CURVE TD Tl lli RIGIIT OF I~D1US 5639.58 FF, I;T (CIt(.)RD BEARING S 88°51'06'' W) (CI1ORD 153.,~2 I:I.~E'I') (DELTA 01"33'31") FOR 153.,12 FEE'I' TO A I'OINI' ON SAID It, IGIIT ()1: WAY; T}IENCE RUN N I)1°55'd0'' E FOR 15.01) FF.F.'I'; 'l'l II:,N(.'I:~ RIJN Al.ON(} TILL; ARC O1: A ('[JRVF. TO THE I,I!FT OF RAI')IIIS 562,1.58 FEE'I (CIIOI/,D BEARING S 88°51'06" L") (CII()RD 153.111 FI~E'I') (I)F.I,TA 01~33'31'') FOK 153.01 FI{[['I'; I lll:lqCl~ I/,UN S .'59°3-I',10.. E 1,O1(329.9') I:I:.I/,T TO TI~[½. Ix, AS 1' LIN E t)l: I1)1' 6; '1'1 tlLNCI:. RI IN A I.ONG TIlE EAST 1.INF, OF I.C)1'6 S 00°1'2' 10"W l:~t,q(15.0¢) FF.I.'.T TO 1'1115 POINT ()F BEGINNING. 4/4/01 98O04O.O2 LOI' .3 NAPLES LOi' 4 C1 GATEWAY PUD LO I 5 LOT 6 ~f __~ S t3g'37'40' E 329.99' PREPARED BY AND RETURN TO: THOMAS G. ECKERTY, ESQUIRE 12734 Kenwood Lane, Suite 89 Fort Myers, FL 33907-5638 Recording: $ OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF LEE BEFORE ME, the undersigned authority, personally appeared GERARD A. McHALE, JR., successor Trustee, who to me is well known, and having been duly sworn and under oath, deposes and states: 1. My name is GERARD A. McHALE, JR., and I am over the age of twenty-one (21) years, am suijuris, and have personal knowledge of the facts contained herein. 2. I am the owner of said real property located in Collier County, Florida, and is legally described on Exhibit "A". 3. All persons, firms, and corporations, including the general contractor and all subcontractors, who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction or repair of water 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. 4. 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. 5. The utility facilities described herein are not included in, encumbered by, or subject to any real property mortgage, chattel mortgage, security agreement, Uniform Commercial Code financing statement, or any other encumbrance. 6. As and on behalf of the owner of the subject utility facilities, does for valuable consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District harmless against any lien, claim or suit by any general contractor, subcontractor, mechanic or materialman, and against chattel mortgages, security interests or repair of the subject utility facilities. Affiant is used as singular or plural, as the context requires. The utility facilities referred to herein are located within the real property described in the attached Exhibit "A". FURTHER AFFIANT S~ NAUGHT. DATED this ,;-~ ~ day of ,2001. 2001, by Gerard A. McHale, Jr., successor Trustee, personally known /,-'"",OR produced identification Type of identification produced MY COMMISSION # CC 984051 EXPIRES: Feb 16, 200~ Notary Public CC._ ~',y'c/o.5--~/ /, My Commission Expires: Notary Printed Name EXHIBIT "A" LEGAL DESCRIPTION: 1S' WATER ~IA IN EASEbi ENT BEGINNING AT TI'IL SOUTI lEAST CORNER OF I.OT 6 OF NAPLES GATEWAY I'tIASE 2, AS RECORDED IN PI,AT BOOK 35, PAGE 49 OF THE PLIBLIC RECORDS OF COLLIEI( COUNTY, FLORil)A AND ALSO BF. ING 'llIE NORTil RIGHT OF WAY LINE OF PINE RIDt;E ROAD RUN N 89~37'a0'' W FOR. 330.00 FEET TO A I'OINT ON SAIl) RIGItT OF WAY LINE; TIIENCE RUN ALON~,j TI IF, ARC OF A CURVE TO TIIE RIG! IT OF RADIUS 5639.58 I:I~ET (CHOIU) BEARING S 88°51 '06" W) (CIIORD 153.42 FEET) (DEUI'A 0 I°33'3 i'') FOR 153.42 FEET TO A POINT ON SAID R. IGI IT O1: WAY; THENCE RUN N 01°55'40'' E FOR 15.00 FEE'f; TllENCE RIJN AI.ONG THE ARC OF A CURVE TO THE LEFT OF RADlllS 562,1.58 FEE'I' (CIIORD BF. AI~ING S 88°51 '06" E) (CIIOl(D 153.01 FEET) (DEI,TA 01~33'31'') FOI~, 153.01 FF. ET; THENCE P, UN S 89°3'1'40.. E l"OR 329.99 FF, ET TO Tile EAS'I' LINE t)l" I.¢)T 6; 'I'tlENCF~ itl IN AI.ONG TIlE EAST I.INE OF I.O 1'6 S 00° 19' I O"W Ft)R 15.00 FEE'F TO TH E l'OIN'l' ¢)F BEGINNING. 4/4/01 980040.02 NAPLES GATEWAY PUD LOt 3 LOT 4 LOT ,5 LOT 6 .... .: -' N PREPARED BY AND RETURN TO: THOMAS G. ECKERTY, ESQUIRE 12734 Kenwood Lane, Suite 89 Fort Myers, FL 33907-5638 ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF LEE BEFORE ME, the undersigned authority, personally on this day of April, 2003, appeared THOMAS G. ECKERTY, Esquire, who to me is well known, and having been sworn and under oath, deposes and states: 1. My name is Thomas G. Eckerty, and I am over the age of twenty-one (21) years, am otherwise suijuris, and have personal knowledge of the facts contained herein. 2. I am a licensed attorney, Florida Bar #310565, authorized to practice law and am practicing law in the State of Florida. My business address is 12734 Kenwood Lane, Suite 89, Fort Myers, Lee County, Florida 33907. My business telephone number is (239)936-8338. My business mailing address is the same as above-referenced. 3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District to accept the dedication or conveyance of water 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. The Affiant 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. Gerard A. Mchale, Jr., successor Trustee under unrecorded land trust agreement dated December 10, 1992, with full power and authority to protect, conserve, sell, lease, encumber or to otherwise manage and dispose of the real property described herein, as provided in F. S. 689.071 (hereinafter "McHale"), was the owner and developer of certain property situated in Section 7, Township 49 South, Range 26 East, Collier County, Florida. A PUD was granted on said property, and the property is now known as Naples Gateway PUD Phase I and II. 6. In November of 2001, McHale, in his capacity as developer of the Naples Gateway PUD, and as an owner of Lots 4 and 5 in Naples Gateway PUD Phase II, entered into certain documentation, together with the owners of Lot 3, Naples Gateway PUD Phase I, and Lot 6, Naples Gateway PUD Phase II, which were created for the purpose of deeding the water utility facilities to the Board of County Commissioners of Collier County, Florida. At the time of the creation of these documents, the holder of the mortgage on Lot 6 of Naples Gateway PUD Phase II, executed a subordination, consent and joinder agreement, as required by the County. 8. Unbeknownst to McHale, said documents were not recorded in a timely fashion. 9. Since the delivery of the documents to Collier County Utilities Department, Lots 4 and 5 of Naples Gateway PUD were sold to Mauhi Enterprises, Inc., a Florida corporation, and a mortgage was place on said Lots 4 and 5, in favor of Fifth Third Bank, as part of said transaction. 10. Further, CBL Partnership, as the owner of Lot 3, placed a mortgage in favor of Northern Trust Bank on its property. 11. There have been no other substantial modifications or material impacts upon the property which comprises the facilities and the area located in the Utilities Facility Warranty Deed, executed and delivered in November of 2001. 12. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. T~ )m~s"(~. 'Eckerty, Esquire, Affia~t.,,,,,~ SUBSCRIBED AND SWORN to before me this [~) day of 2003, by Thomas G. Eckerty, Esquire, who is personally known. ! ~K. Lewis, Notary P-u~lic My Commission Expires: ..~,~.,.f. DI:~t~()~'~AH K LEWIS ?~0f ~'.~ EXPIRE~: Dec 11, ~3 I~T~Y Fla. NOIa~ Sewi~ & Bondin~ Co. PREPARED BY AND RETURN TO: THOMAS G. ECKERTY, ESQUIRE 12734 Kenwood Lane, Suite 89 Fort Myers, FL 33907-5638 ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF LEE BEFORE ME, the undersigned authority, personally on this,--~t~ay of November, 2001, appeared THOMAS G. ECKERTY, Esquire, who to me is well known, and having been sworn and under oath, deposes and states: 1. My name is Thomas G. Eckerty, and I am over the age of twenty-one (21) years, am otherwise suijuris, and have personal knowledge of the facts contained herein. 2. I am a licensed attorney, Florida Bar #310565, authorized to practice law and am practicing law in the State of Florida. My business address is 12734 Kenwood Lane, Suite 89, Fort Myers, Lee County, Florida 33907. My business telephone number is (941)936-8338. My business mailing address is the same as above-referenced. 3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District to accept the dedication or conveyance of water 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. The Affiant 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 and personal property described herein is GERARD A. McHALE, JR., successor Trustee under unrecorded land trust agreement dated December 10, 1992, with full power and authority to protect, conserve, sell, lease, encumber or to otherwise manage and dispose of the real property described herein, as provided in F. S. 689.071, (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded at Official Records Book 2630, at Page 2907, Public Records, Collier County, Florida (copy attached). 6. The subject property is not encumbered. 7. Affiant further states 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 SUBSCRIBED AND SWORN to before ~--'-" me this ~ day of / 2001, by Thomas G. Eckerty, Esquire, who is personally known. (' Debor~ K. Lewis, Notar~ P'~blic '-..__My-~6mmission Expires: EXHIBIT "A" LEGAL DESCRIPTION: WATER BLAIN EASEiVlENT BEGINNING AT THE SOU'I'I lEAST CORNER OF I.Ol' 6 OF NAPLES GA'I'EWAY PHASE 2, AS RECORDED IN PI,AT ItL)OK 35, PAGE 49 OF THE PUBLIC RECORDS OF L'OI.LIER COUNTY, FLORll)A AND ALSO BEING '[lie NOR'I'll RIGHT OF WAY LINE OF PINE RIDt;I.~ ROAD RLIN N 8t1%7'40'' W FOR. 330.00 FEET TO A POINT ON SAIl) Ri(HIT OF WAY LINE; TIIENCE RUN ALONt, j TI IF. AR(: OF A CURVE TO TIlE RIGIIT OF RADIUS 5639.58 FF.I~T (CHOIG) BEARING S 88°51'06" W) (CIIOILD 153.42 FEET) (DELTA 01°33'31'') FOR 153.42 FEET TO A POIN'I' ON SAID IU(;IlT OF WAY; THENCE RUN N 01055'40.. E FOR 15.01) FEET; TIIENL'E RIJN AI.ONG THE ARC OF A CURVE TO THE LEFT OF RADll IS 562,1.$8 FEE'I (CIIORI) BI:.ARING S 88°5 ! '06" E) {CI IOI~D i 53.1} I FEET) (DEI.TA 01'~33'31'') FOR 153.01 FF. ET; 'I'HENCI~ P, UN S 89°37',1I).. E I"OR 329.99 I:I{L,:T TO T! IE EASI' LINE t)l: I.OT 6; T}IENCF. RI JN Al .ONG Ti IE EAST I.INE OF I.O1' 6 S 00°19' 10"W i:Oi{ 15.01) FEF,'F TO TIlE I'OINT OF BEGINNING. 4/4/(}1 980040.02 9 oncl A¥~31¥0 .~3ldYN ~ JO1 PREPARED BY AND RETURN TO: THOMAS G. ECKERTY, ESQUIRE 12734 Kenwood Lane. Suite 89 Fort Myers, FL 33907-$638 ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF LEE' BEFORE ME, the undersigned authority, personally on this day of November, 2001, appeared DOUGLAS L. WALDORF, JR., Esquire, who to me is well known, and having been sworn and under oath, deposes and states: 1. My name is Douglas L. Waldorf, Jr., and I am over the age of twenty-one (21) years, am otherwise suijuris, and have personal knowledge of the facts contained herein. 2. I am a licensed attomey, Flodda Bar #c6~t35~l~, authorized to practice law and am practicing law in the State of Florida. My business address is 12751 New Brittany Boulevard, Fort Myers, Florida 33918. My business telephone number is (941)277-2501. My business mailing address is Post Office Box 3454, Fort Myers, Florida 33918. 3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District to accept the dedication or conveyance of water 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. The Affiant 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 and personal property described herein is CBL PARTNERSHIP, a Florida general partnership (hereinafter "Owner"). The Affiant has examined the partnership information obtained from the jurisdiction under which the partnership was created and presently operates, that the partnership is current and active within said State or jurisdiction, that the partnership is currently authorized to do business in the State of Florida, and identify the exact name and title of the persons authorized to execute the instruments on behalf of the partnership in conjunction with the conveyance of the subject real property. The Owner acquired record title to the subject real property by instrument recorded at Official Records Book ~-)'~9., at Page c~'2~9, Public Records, Collier County, Florida (copy attached). 6. The subject real and personal property is encumbered of record. The following is a list of the mortgages, liens, encumbrances, or financing statements effecting the subject property (copies attached): 7. Affiant further states 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 {'~0~-c..~ ,2001. 13~ugl~s ~. Waldorf, Jr., Esquire, Affiant SUBSCRIBED AND SWORN to before me this.. ~'~ day of (~(~v'e_ ~ 2001, by Douglas L. Waldorf, Jr., Esquire, who is personally known. ' ' Notary 1:~3~ic_^ Print Name: ['t J~'~ My Commission Expires: EXHIBIT "A" LEGAL DESCRIPTION: WATER MAIN EASEiMEN"I' BEGINNING AT THE SOl, ITl lEAST COItS'qER OF I.OT 6 OF NAPLES GATEWAY PIIASE 2, AS RECORDED IN PI.AT BOOK 35, PAGE 49 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORil}A AND ALSO BF. ING -IilE NOR'IH RIGHT OF WAY LINE OF PINE RIDGE ROAD RLIN N 89*'37'a0" W FOR 330.00 FEET TO A POINT ON SAIl) RIGIIT OF WAY LINE; TI[ENCE RUN ALONG Till': AR(: ()F A CURVE TO TIlE RIGIIT OF RADIUS 5639.58 FF. ET (CHOKD BEARING S 88°51 '06" W) (CIIORD 153.42 FEET) (DELTA 01°33'3 I") FOR 153.42 FEET TO A POIN'i' ON SAID RI(;IIT O[: WAY; THENCE RUN N 01055'40.. E FOR 15.00 FEET; TIIENCE RIJN AI.ONG THE ARC OF A CURVE TO THE LEFT OF RADII/S 562d.58 FEE'I (CI IORD B I';AKING S 88051'06.. E)(CIIOI~D 153.{}i FEET) (DEI.'i'A 01"33'31") FOR 153.01 1;I:.ET; 'I'HENCI:. RUN ,S 89°37',10" E I;OR 329.99 FEET TO TIlE EASI' LINE OF I.OT 6; THENCF. RI IN A! .ONG TI IE EAST I.INE OF I.O I' 6 S 00° 19' 10"W I:()R ! 5.00 FEET TO TIlE I'OINT OF BEGINNING. '1/4/61 980040.02 LO[ 3 NAPLES GATEWAY PUD LOT 4 LOT 5 LOT 6 PREPARED BY AND RETURN TO: THOMAS G. ECKERTY, ESQUIRE 12734 Kenwood Lane, Suite 89 Fort Myers, FL 33907-5638 ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF LEE BEFORE ME, the undersigned authority, personally on this :~r~ay of November, 2001, appeared A. JOHN HUGHES, JR., Esquire, who to me is well known, and having been sworn and un'der oath, deposes and states: 1. My name is A. John Hughes, Jr., and I am over the age of twenty-one (21) years, am otherwise suijuris, and have personal knowledge of the facts contained herein. 2. I am a licensed attorney, Florida Bar #:~ 3 81 5 5 , authorized to practice law and am practicing law in the State of Florida. My business address is 2121 McGregor Boulevard, Fort Myers, Florida 33901. My business telephone number is (941)337-4500. My business mailing address is Post Office Box 1910, Fort Myers, Florida 33902. 3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District to accept the dedication or conveyance of water 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. The Affiant 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 and personal property described herein is HARLEY DAVlDSON OF NAPLES, INC., a Florida corporation (hereinafter "Owner"). The Affiant has exam[ned the corporation information obtained from the jurisdiction under which the corporation was created and presently operates, that the corporation is current and active within said State or jurisdiction, that the corporation is currently authorized to do business in the State of Florida, and identify the exact name and title of the persons authorized to execute the instruments on behalf of the corporation in conjunction with the conveyance of the subject real and personal property. The Owner acquired record title to the subject real property by instrument recorded at Official Records Book ~, at Page 1 3 , Public Records, Collier County, Florida (copy attached). 6. The subject real and personal property is encumbered of record. The following is a list of the mortgages, liens, encumbrances, or financing statements effecting the subject 88GC 9E6 L~6 ~±~3~OB/±SIB]] HO~ H¥SO:[[ LOO~-SO-LL property (copies attached): 1. Mor'tgage dated 1/5/01 given by Harley-Davidson of Naples, Inc. in favor of SunTrust Bank, recorded on 1/8/01 in O. R. Book 2736, Page 16, Public Records of Collier County, Florida 2. Assignment of Rents and Leases from Harley-Davidson of Naples, Inc. to SunTrust Bank dated 1/5/01, recorded on 1/8/01 in.O.R. Book 2763,Page 25, Public Records of Collier County, Florida 3. UCC-1 Financing Statement naming SunTrust Bank as secured party and Harley-Davidson of Naples Inc. as debtor, recorded in O.R. Book 2763, Page 29, Public Records of Collier County,Florida 7. Affiant further states 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 ~I day of ~g)q%.~q3 ~ f .2001. , A~ J o'hl;H'f~g h e s~ u ,~:/~ /~~_ Affiant SUBSCRIBED AND SWORN to before me this ~ day of ~~c-~ 2001, by A. John Hughes, Jr., Esquire, who is personally known. Nota~ Public Pdnt N~e: OF~N~~'-'--"' ~:t 'd 886~ 9ES LV6 A/~3~O3/ISI3q~ NO~ Hd~S:~ EXHIBIT "A" Lot 6, NAPLES GATEWAY PHASE 2, according to thc plat thereof recorded in Plat Book 35, Page 49, Public Records of Collier CounV Florida. ' Revised 10/95 co11.516 RETURN TO: DOUGLAS L WALDORF, JR., ESQ. P. O. Box 3454 Fort Myers, FL 33918 This Instrument Prepared by: DOUGLAS L. WALIX)RF, JR., ESQ. SUNTRUST BANK ]2751 New Britlan¥ Blvd. Post Office Box 3454 Fort Myers, Florida 33918-3454 (941) 27%2501 DLW:imf 2735244 OR: 2763 PG: 0016 RECORDED in O~FICIAL RECORDS of COLLIER COUN?¥, 01/08/2001 at 04:35PM DWIGHT ~. BROCK, CLERK OBLD 2640000,00 OBLI 2640000.00 R~C FE~ 42,00 DOC-.35 9240,00 INT-,002 5280,00 Retn: KgI$1L HUGHES ET AL BOX 1910 MYERS FL 33902 MORTGAGE Ttfis Mortgage, executed this ~> day of January, 2001, by: HARLEY-DAVIDSON of NAPLES, INC., a Florida corporation hereinafter called "Mortgagor", which term as used herein in every instance shall include Mortgagor's successors, legal representatives and assigns, including all subsequent grantees, either voluntary by act of the parties or involuntary by operation of law, to: SUNTRUST BANK herein~afier called "Mortgagee", which term as used herein in every instance shall include Mortgagee's successors, legal representatives and assigns, including all subsequent assignees, either voluntary by act of the parties or involuntary by operation of law. WlTNESSETH: Granting Clause That for good and valuable consideration, and to secure the payment of an indebtedness of TWO MILLION SIX HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($2,640,000.00) lawful money of the United States of America, which stun is to be paid with interest thereon, according to a certain promissory note of even date herewith executed by Mortgagor to the order of Mortgagee, Mortgagor does grant, bargain, sell, alien, remise, release, convey, assign, transfer, mortgage, hypothecate, pledge, deliver, set over, warrant, and conlrn-m unto Mortgagee, its successors and assigns, in fee simple, the land and property described as: See EXHIBIT "A" attached hereto Of which Mortgagor is now seized and possessed, together with all buildings and improvements now or hereafter situated upon said property, and all fixtures, equipment, and other personal property now or hereafter located in the buildings and improvements on said property, together with all additions thereto and replacements thereof; all of which is hereinafter referred to as "the Premises". Together with the following property and rights: (a) All easements, rights of way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, tenements, hereditaments, and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property hereinabove descn%ed, or which OR: 2763 PG: 0017 hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Mortgagor. (b) All rents, profits, issues and revenue of the Premises from time-to-time accruing, whether under lease or tenancies now existing or hereafter created, reserving unto Mortgagor, however, so long as Mortgagor is not in default hereunder, the right to receive and retain the rents, profits, issues and revenue therefrom. (c) All judgments, awards of damages, settlements and payments, including interest thereon, and the right to receive the same, which may be made with respect to the Premises as a result of the exercise of or the threat of the right of eminent domain, the alteration of the grade of any street, any other injury to or decrease in the value of the Premises, or proceeds of insurance awards, to the extent of all mounts which may be secured by this Mortgage at the date of receipt of any such award or payment by Mortgagee, and of the reasonable attorney's fees, costs and disbursements incurred by Mortgagee in connection with the collection of such judgment, award or payment. Mortgagee in its sole discretion may require that any sums payable to Mortgagor arising out of the exercise or threatened exercise of the power of eminent domain with respect to the property or any portion thereof shall be applied to the indebtedness secured hereby. Any such application of proceeds to the indebtedness shall not extend or alter the terms of the notes secured hereby. Mortgagor hereby irrevocably appoints Mortgagee attorney-in-fact to receive, endorse and collect any drafts for proceeds of a condemnation award or settlement. (d) All machinery, apparatus, equipment, fittings, furniture, fixtures and personal property of every kind and nature whatsoever now or hereafter located in any buildings or improvements upon the Premises, or any part thereof. To Have and To Hold the above-described property unto Mortgagee, its successors and assigns, forever, subject, however, to the terms and conditions of this Mortgage. Provided, however, that these presents are upon the condition that if Mortgagor shall pay or. cause to be paid to Mortgagee the principal and interest payable in respect to the Note secured hereby, at the times and in the manner stipulated therein and herein, all without any deduction or credit for taxes or other similar charges paid by Mortgagor, and shall keep, perform and observe all and singular the covenants and promises in the Note secured hereby, and any renewal, extension or modification thereof, and in this Mortgage expressed to be kept, performed and observed by and on the part of Mortgagor, all without delay, then this Mortgage, and all the properties, interest and r/ghts hereby granted, bargained, sold, alienated, released, conveyed, and assigned, la'ansferred, mortgaged, hypothecated, pledged, delivered, set over, warranted and confamed, shall cease and be void. In addition to securing the indebtedness referred to above, the mortgage shall secure such future or additional advances as may be made by the Mortgagee at its option to the Mortgagor or the successor in title, for any purpose, provided that all those advances are to be made within 20 years from the date of this mortgage or within such lesser per/od of time as may be provided hereafter by law as a prerequisite for the sufficiency of actual notice or record notice of the optional future or additional advances as against the rights of creditors or subsequent purchasers for valuable consideration. The total amount of indebtedness secured by this mortgage may decrease or increase from time to time, but the total unpaid balance so secured at any one time shall not exceed the max/mum principal amount of $3,000,000.00, plus interest, any disbursements made for the payment of taxes, levies, or insurance on the property covered by the lien of this mortgage, together with interest on those disbursements, and increases to the principal balance as a result of negative amortization or deferred interest as provided in this mortgage or the indebtedness secured, and any advances or disbursements made under any construction loan agreement referred to in this mortgage, together with interest on such advances or disbursements. Nothing herein shall constitute a commitment by Mortgagee to make such advances. Any advances shall be made at Mortgagee's sole discretion. Covenants, Representations, and Warranties of Mortgagor Mortgagor, for itself, its successors and assigns, hereby represents unto and covenants and agrees with Mortgagee, its successors and assigns, as follows: OR: 2763 PG: 0018 1. Mortgagor warrants that it is indefeasibly seized with the absolute and fee simple title in and to the Premises; that Mortgagor% title thereto is good and marketable; that it will own the personal property encumbered hereby free and clear of liens and claims; and Mortgagor has full power and lawful authority to grant, bargain, sell, convey, transfer and mortgage the same; and that this Mortgage is and will remain a valid and enforceable first lien on the Premises unless otherwise hereinafter provided; and, unless otherwise hereinafter provided, said property is free and discharged from all liens, encumbrances, and claims of any kind, including taxes and assessments; and the Mortgagor hereby fully warrants the title to said property unto Mortgagee, and will defend the same against the lawful claims and demands of all persons whomsoever. 2. Mortgagor will punctually pay the principal and interest and all other sums to become due in respect of the Note secured hereby at the time and place and in the manner specified in the said Note, according to the tree intent and meaning hereof, all in any coin or currency of the Un/ted States of America which at the time of such payment shall be legal tender for the payment ofpubhc and private debts. 3. Mortgagor holds all fight, title and interest of Mortgagor in and to all improvements, betterment, and replacements of, and all additions and appurtenances to, the Premises, hereafter acquired by Mortgagor or constructed, assembled or placed by Mortgagor on the Premises. 4. Mortgagor shall: a. Pay and discharge before the same become delinquent, all taxes of every kind and nature (including real and personal property taxes and income, franchise, withholding, profits and gross receipts taxes), all general and special assessments, levies, permits, inspection and license fees, all water and sewer rents and charges, and all other public charges whether of a like or different mture, imposed upon or assessed against it or the Premises or any part thereof or upon the revenues, rents, issues, income and profits of the Premises or arising in respect of the occupancy, use or possession thereof. Mortgagor will, upon the request of Mortgagee, deliver to Mortgagee receipts evidencing the payment of all such taxes, assessments, levies, fees, rents and other public charges imposed upon or assessed against it or the Premises or the revenues, rents, issues, income or profits thereof. b. Pay, from time-to-time, when the same shall become due, all lawful claims and demands of mechanics, materialmen, laborers, and others which, if unpaid, might result in, or permit the creation of, a lien on the Premises or any part thereof, or on the revenues, rents, issues, income and profits arising therefrom and in general will do or cause to be done everything necessary so that the lien hereof shall be fully preserved, at the cost of the Mortgagor, without expense to Mortgagee. 5. Mortgagor shall: a. Keep the improvements and personal property insured against loss or damage by fire, casualty, loss of rents and business interruption, and such other hazards as may be specified by Mortgagee for the benefit of Mortgagee. Such insurance shall be written in forms, amounts, and by companies, satisfactory to Mortgagee. b. Carry property damage insurance covering replacement value of the Premises and Mortgagor shall submit evidence at all times that such insurance is being carried and maintained. Mortgagee may, at its option, require Mortgagor to designate Mortgagee as a party insured under such liability insurance. c. Said policies shall provide that they may not be canceled pr/or to thirty (30) days written notice given to the Mortgagee. d. Mortgagor hereby assigns for the benefit of Mortgagee all of the proceeds paid or to be paid to Mortgagor under any of the ptlicies referenced herein and said proceeds shall be applied, at Mortgagee's discretion, to reduce the sums secured hereby. OR: 2763 PG: 0019 e. In the event Mortgagor fails to maintain any of the insurance coverage required hereby, Mortgagee may, in its discretion, obtain the applicable coverage and any costs incurred by Mortgagee shall be added to the sum secured hereby. 6. Mortgagor shall: a. Keep adequate records and books of account in accordance w/th generally accepted accounting principles covering and relating to the property encumbered hereby and will permit Mortgagee, by its agents, accountants and attorneys, to visit and inspect the Premises and examine its records and books of account as they relate to the property encumbered hereby and to discuss the finances and affairs of the property encumbered hereby with Mortgagor, and with the officers of Mortgagor, ifa corporation, at such reasonable times as may be requested by Mortgagee. b. Deliver, or cause to be delivered to Mortgagee, financial statements, tax returns as set forth in the Loan Agreement executed in connection w/th the Promissory Note and Mortgage, or, in the event no such Loan Agreement exists, within ninety (90) days of the applicable fiscal year end or tax year end. Throughout the terms of this Mortgage, Mortgagor with reasonable prompmess will deliver to Mortgagee such other information with respect to Mortgagor as Mortgagee may reasonably request from time to time. 7. Mortgagor will not commit any waste on the Premises or make any change in the use of the Premises which will in any way increase any ordinary fire or other hazard arising out of construction or operation. Mortgagor will, at all times, maintain the improvements on the Premises in good operating order and condition and will promptly make, from time- to-time, all repairs, replacements, additions and improvements in connection therewith which are needful or desirable to such end. The improvements shall not be removed, demolished or substantially altered, nor shall any personal property be removed without the prior written consent of Mortgagee, except where appropriate replacements free of superior title, liens and claims are immediately made of value at least equal to the value of the personal property removed. 8. Mortgagor shall not: a. Execute an assignment of the rents or any part thereof from the Premises unless such assigrnnent shall provide that it is subordinate to the assignment contained in this Mortgage and any assignment executed pursuant hereto, or b. Accept prepayments of rent for more than two (2) months in advance, or prepayments in the nature of security in an amount in excess of two (2) month's rent, for the performance of the lessee thereunder, without the written consent of Mortgagee, or c. In any other manner impair the value of the Premises or the security of this Mortgage. 9. Mortgagor will not execute any lease of all or a substantial portion of the Premises excepting for the leasing of portions thereof in the normal course of business, and w/Il at all times promptly and faithfully perform, or cause to be performed, all of the covenants, conditions and agreements contained in all leases of the Premises now or hereafter existing, on the part of the lessor thereunder to be kept and performed. 10. Mortgagor shall furnish to Mortgagee, within fifteen (15) days after a request by Mortgagee to do so, a written rent schedule containing the names of all lessees of the Premises, the terms of their respective leases, the space occupied, the lease expiration date and the rentals payable thereunder. 11. Mortgagor shall cause the Premises to at all times be in strict compliance with applicable federal, state and local laws and regulations including, but not limited to compliance with the Americans with Disabilities Act of 1990 (ADA). 12. Mortgagor shall cause the Premises to be at all times in compliance with all state and federal laws governing hazardous waste. " OR: 2763 PG: 0020 a. Hazardous Waste. "Hazardous Waste" shah mean and include those elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material as now or at any time in effect. b. Representations and Warranties. Mortgagor specifically represents and warrants that the use and operation of the Premises comply with all applicable environmental laws, roles and regulations, including, without limitation, the Federal Resource Conservation and Recovery Act and the Comprehensive Environmental Response Compensation Liability Act of 1980 and all applicable state laws, and all amendments and supplements thereto and Mortgagor shall continue to comply therewith at all times. Specifically, and without limiting the generality of the foregoing, Mortgagor shall not, in the future, permit any Hazardous Waste to be located or stored in, upon or at the Premises, and there are not now nor shall there be at any time any releases or discharges from the Premises. c. Indemnification. '_ (i) Mortgagor hereby agrees to indemnify Mortgagee and hold Mortgagee harmless from and against any and all losses, liabilities, including strict liability, damages, injuries, expenses, including attorneys' fees for attorneys of Mortgagee's choice, costs of any statement or judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Mortgagee by any person or entity or governmental agency for, with respect to, or as a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission or release from the Premises of any Hazardous Waste (including, without limitation, any losses, liabilities, including strict liability, damages, injuries, expenses, including attoflaeys' fees for attorneys of Mortgagee's choice, costs of any settlement or judgment or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act, any federal, state or local "Superfund" or "Superlien" laws, and any and all other statutes, laws, ordinances, codes, rules, regulations, orders or decrees regulating (with respect to or imposing liability, including slx/ct liability) substances or standards of conduct concerning any hazardous waste), regardless of whether within Mortgagor's control. (ii) The aforesaid indemnification and hold harmless agreement shall benefit Mortgagee from the date hereof and shall continue notwithstanding payment, release or discharge of this Mortgage or the Indebtedness, and, without limiting the generality of the foregoing such obligations shall continue for the benefit of Mortgagee and any subsidiary of Mortgagee during or following any possession of the Premises thereby or any ownership of the Premises thereby, whether arising by foreclosure or deed in lieu of foreclosure or otherwise, such indemnification and hold harmless agreement to continue forever. d. Notice of Environmental Complaint. If Mortgagor shall receive any notice off (i) the happening of any material event involving the spill, release, leak, seepage, discharge or cleanup of any Hazardous Waste on the Land or in connection with Mortgagor's operations thereon; or (ii) any complaint, order, citation or mater/al notice with regard to air emissions, water discharges or any other environmental, health or safety matter affecting Mortgagor (an "Environmental Complaint") from any person or entity, then Mortgagor immediately shall notify Mortgagee orally and in writing of said notice. e. Mortgagee's Reserved Rights. In the event of receipt of an Environmental Complaint, Mortgagee shall have the right, but not the obligation (and without limitation of Mortgagee's fight under this Mortgage) to enter onto the Premises or to take such other actions as it shall deem necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Waste or Environmental Complaint following receipt of any notice from any person or entity having jurisdiction asserting the existence of any Hazardous Waste or an Environmental Complaint pertaining to the Premises or any part thereof which, if tree, could result in an order, suit or other action against Mortgagor and/or ~hich, in Mortgagee's sole opinion, could jeopardize its security under-this Mortgage. AH reasonable costs and expenses incurred by Mortgagee in the exercise of any such rights shall be secured by this Mortgage and shall be payable by Mortgagor upon demand. OR: 2763 PG: 0021 f. Environmental Audits. If Mortgagee shall have reason to believe that Hazardous Waste has been discharged on the Premises, Mortgagee shall have the right, in its sole discretion, to require Mortgagor to perform periodically to Mortgagee's satisfaction (but only upon evidence of discharge or unless an Environmental Complaint shall be then outstanding), at Mortgagors expense, an environmental audit and, if deemed necessary by Mortgagee, an environmental risk assessment of: (a) the Mortgaged Property; (b) hazardous waste management practices and/or (c) Hazardous Waste disposal sites used by Mortgagor. Said audit and/or risk assessment must be by an environmental consultant satisfactory to Mortgagee. Should Mortgagor fail to perform any such environmental audit, or risk assessment within thirty (30) days after Mortgagee% request, Mortgagee shall have the right to retain an environmental consultant to perform such environmental audit or risk assessment. All costs and expenses incurred by Mortgagee in the exercise of such rights shall be secured by this Mortgage and shall be payable by Mortgagor upon demand. g. Breach. Any breach of any warranty, representation or agreement contained in this Section shall be an Event of Default and shall entire Mortgagee to exercise any and all remedies provided in this instmment, or otherwise permitted by law. 13. If any of the sums of money herein referred to are not promptly and fully paid after the same severally become due and payable, or if there be failure to comply with each and every of the stipulations, agreements, conditions and covenants of the Promissory Note, this Mortgage, or any other document given with respect to the secured indebtedness, the aggregate sum of the Promissory Note shall become due and payable forthwith and thereafter at the option of Mortgagee as fully and as completely as if said aggregate sum mentioned in the Promissory Note was originally stipulated to be paid on such day, anything in the Promissory Note or herein to be contrary notwithstanding. 14. In the event of a default under the Mortgage, Mortgagor shall pay all costs, charges and expenses, including attorney's fees reasonably incurred or paid at any time by the Mortgagee because of the failure on the part of the Mortgagor to perform, comply with and abide by each and every of the stipulations, agreements, conditions and covenants of the Promissory Note and this Mortgage, or either, and every such payment shall,bear interest from the date at the rate of interest prescribed in the Promissory Note which this Mortgage is given to secure. 15. Upon a default under the Mortgage, Mortgagor consents to the appoinmaent of a receiver. 16. In the event of a default under the Mortgage, Mortgagee may enter into and upon the Premises and exclude Mortgagor therefrom having and holding the Premises for use, operation, management and control of the Premises; Mortgagee shall be entitled to collect and receive all earnings, revenues, rents, issues, profits and income of the Premises, all of which shall for all purposes constitute property of the Mortgagor; and after deducting the expenses of conducting the business of Mortgagor thereof, if a business is maintained on the mortgaged premises, and of all maintenance, repairs, renewals, replacements, alterations, additions, betterment and improvements and amounts necessary to pay taxes, assessments including any such assessments levied or due under the ADA or CERCLA, or other federal, state or local laws and regulations, insurance and prior to other proper charges upon the Premises, or any part thereof, as well as just and reasonable compensation for the services of Mortgagee and for all attorney's, counsel, agents, clerks, servants and other employees by it properly engaged and employed, Mortgagee may apply the monies arising as aforesaid, ftrst to the payment of the principal of the note secured hereby and interest thereon, when and as things shall become payable and second to payment of any other sums required to be paid by Mortgagor under this Mortgage. 17. Mortgagee may, at its option without waiving its right to accelerate the indebtedness hereby secured and to foreclose the same, pay either before or after delinquency any or all of those certain obligations required by the terms hereof to be paid by Mortgagor for the protection of the Premises or for the collection of the indebtedness hereby secured, including but not limited to payment of taxes, assessments, superior mortgage liens, and all other encumbrances and liens on the Premises. All sums so advanced or paid by Mortgagee shall be repaid by Mortgagor to Mortgagee within fifteen (15) days after demand by Mortgagee to the Mortgagor for said payment, and the amount of the sum so advanced shall bea~ interest at the maximum rate permitted by law, and the sums shall be secured by the lien of this Mortgage. OR: 2763 PG: 0022 18. Mortgagor acknowledges that the continuous ownership of the property encumbered hereby by Mortgagor is of a material nature to Mortgagee and ia the event Mortgagor transfers title to any portion of the property encumbered hereby, or should the same be transferred by operation of law, then ia such event, the entire unpaid principal balance of the Promissory Note secured hereby shall immediately become due and payable forthwith as fully and completely as if the same unpaid balance was originally stipulated to be paid on such date, anything in the Promissory Note or herein to the contrary notwithstanding. The term "transfer of title" as used herein shall include, but not be limited to the following: a. the execution by Mortgagor of an Agreement for Sale and Purchase whereby purchaser is placed in possession prior to closing. b. the execution by Mortgagor of an Agreement for Deed or an Executory Contract of Sale which places the purchaser in possession prior to closing. c. the execution and delivery by Mortgagor of a Deed of any nature whatsoever. d. the leasing of the Premises for more than two (2) years including any potential renewals thereof. Mortgagor shall not, without the consent in writing of Mortgagee, encumber by mortgage or otherwise any portion of the property encumbered hereby. Violation of these provisions shall be deemed a default. 19. Upon default, Mortgagee shall have the absolute right, pursuant to this Mortgage and F.S. 697.07, upon written demand to Mortgagor, to the assignment of all rents and profits fi-om the Premises. Upon application by the Mortgagee, a Court of competent jurisdiction may require the Mortgagor to deposit such rents into the registry of the Court pending adjudication of the Mortgagee's fights to the rents, and Mortgagor expressly consents to said application of rents and profits. 20. The Mortgage shall continue to secure the full and prompt payment of the Note as same may be l~om time to time extended and renewed. 21. As defined in paragraph 20 above, the term "Note" includes all future amendments, modifications, renewals or substitutions of the Note and as set forth herein, the Mortgage shall further secure the Note as so amended, modified, renewed or substituted for fi-om time to time. As such, should the Note at any time in the future be amended, modified, renewed or substituted, the Mortgage shall continue to secure the loan evidenced thereby and it shall not be necessary to execute any further modification or extension agreement of the Mortgage provided, however, nothing contained herein shall obligate the Mortgagee to agree to any further extension or modification in the furore. 22. On even date herewith, the parties hereto have entered into a loan agreement and any default in said agreements or any mater/al misrepresentation by Mortgagor in said agreements shall constitute a default of this Mortgage. 23. This Mortgage shall, for all purposes, be governed and construed ia accordance with the laws of the State of Flor/da. 24. In recognition of the higher costs and delay which may result from a jury trial, the parties hereto waive any right to trial by jury of any claim, demand, action, or cause of action either arising hereunder or under any other instrument, document, or agreement executed or delivered in connection herewith or in any way connected with or related or incidental to the dealings of the parties hereto or any of them with respect hereto or any other instrument, document or agreement executed or delivered in connection herewith, in each case whether now: existing or hereafter arising and whether sounding in contract or tort or otherwise; and each party hereby agrees and consenis that any such claim, demand, action or cause of action shall be decided by trial without a jury and that any party hereto may file an original counterpart or a copy of this section with any court as written evidence of the consent of the parties hereto to the waiver of the right to trial by jury. OR: 2763 PG: 0023 IN WITNESS WHEREOF, this Mortgage has been duly executed by the Mortgagor as of the day and year fa'st above STATE OF ~/o,"7't~ ) .'SS. COUNTY OF ~.-~----~" ) The foregoing instrument was acknowledged before me th~s ~ day of January, 2001, by TEFFERY SCOTT FISCHER, as President of _._H~¥-D~_~VIDSON of NAPLES, INC., a Florida corporation, on behalf of the o has produced' ' corporatmn. He m ~.?nany known to me 9z-w~h as identification. My commission expires: HARLEY-DAVIDSON of NAPLES, INC., a Florida corporation 5707 Shirley St., Napl,~ FL 34~ . By: /~~,~~/~ l'resid~nt Signature of Notary Public State of Print Name (Notarial Seal) ,~. 3 *** OR: 2763 PG', 0024 *** EXHIBIT "A" Lot 6, NAPLES GATEWAY PHASE 2, according to the plat thereof recorded in Plat Book 35, Page 49, Public Records of Collier County, Florida. Revised 10/95 co11,516 RETURN TO: DOUGLAS L. WALDORF, JR., ESQ. P. O. Box 3454 Fort Myers, FL 33918 · This Instrument Prepared by: DOUGLAS L. WALDORF, JR., ESQ. SUNTRUST BANK 12751 New Brittany Blvd. Post Office Box 3454 Fort Myers, Florida 33918-3454 (941) 277-2501 DLW:imf 2735245 OR: 2763 PG: 0025 RECORDED in O~HCIAL RECORDS of COLLIER COUNTY, FL 0~/08/2001 at 04:35PM DWIGHT E, BROCK, CLERK ~C ~! 1~.50 Re~n: K~I$~ HUGHES ET AL P 0 BOX 191~ Space above for recording data. CONDITIONAL ASSIGNMENT OF LEASES~ RENTS AND PROFITS THIS AGREEMENT, dated this day of January, 2001, by and between HARLEY-DAVIDSON of NAPLES, INC., a Florida corporation, hereinafter referred to as "ASSIGNOR", and SUNTRUST BANK, hereinafter referred to as "ASSIGNEE." WITNESSETH: FOR VALUE RECEIVED, and as additional security for the indebtedness hereinafter specifically set forth, the ASSIGNOR hereby assigns, sets over, transfers and conveys unto the ASSIGNEE all of the right, title and interest of the ASSIGNOR in and to the rents, leases, profits, and other business income hereinafter referred to as "rents" from the following legally described property: Lot 6, NAPLES GATEWAQ PHASE 2, according to the plat thereof recorded in Plat Book 35, Page 49, Public Records of Collier County, Florida. The term of this Agreement shall be until that certain Note and Mortgage Agreement (Note & Mortgage) dated the _~day of ~r~.,.,~.-~ , 2001 or any extension or renewal thereof, made, executed and delivered by the ASSIGNOR to the ASSIG4NEE, covering the property described hereinabove together with all improvements located on the above described premises in the original principal amount of TWO MILLION SIX HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($2,640,000.00) shall have been fully paid and satisfied, at which time this Agreement is to be fully satisfied, canceled and released and the releasing of said Mortgage shall constitute a release hereof. The ASSIGNOR does hereby authorize and empower the said ASSIGNEE to collect the rents payable as they shall become due, and does hereby direct each and all of the tenants, if any, of the aforesaid premises to pay such rents as may be due or shall hereafter become due to the said ASSIGNEE upon demand for payment thereof by said bank. It is understood and agreed, however, that no such demand shall be made unless and until there has been a default in the payment of the indebtedness secured by the Mortgage herein mentioned or in the performance of any of the covenants set forth in said Note or said Mortgage; and until such demand is made, the ASSIGNOR is authorized to collect or continue collecting the rents. This agreement shall not operate to permit the collection by the said ASSIGNOR, his or its heirs, executors, administrators or assigns (and the ASSIGNOR hereby covenants and agrees with the ASSIGNEE that the ASSIGNOR will not collect, demand or receive any installment) of rents in advance of the date prescribed in any lease or leases for the payment thereof. Revision. 12 OR: 2763 PG: 0026 The authority and power of the ASSIGNEE to collect said rents from said property, as set forth herein, may be exercised and said rents collected with or without the taking of possession of said real property, or any part thereof, and without the necessity of (but nothing herein shall be cons~-ued to prohibit the ASSIGNEE) instituting foreclosure of its mortgage, and an action upon its Note or an action upon this Assignment dkectly against the tenants under the leases assigned herewith. In furtherance of this Assignment, the ASSIGNOR does hereby additionally authorize and empower the ASSIGNEE by its employees, agents, or representatives, at the option of the ASSIGNEE upon the occurrence of any default, as aforesaid, to enter upon the aforesaid premises and to collect, in the name of the ASSIGNOR or in its own name as ASSIGNEE, the rents accrued but unpaid and in arrears at the date of such default, as well as the rents thereafter accruing and becoming payable during the period this Assignment is operative;~and to this end, the ASSIGNOR further agrees to cooperate and to assist the ASSIGNEE, its employees, agents or representatives, in all reasonable ways with the collection of said rents. The ASSIGNOR does hereby authorize (but nothing herein shall be deemed to require or obligate ASSIGNEE to do so) the ASSIGNEE upon such entry, to take over and assume the management, operation and maintenance of the said premises and to perform all acts necessary and proper in its sole discretion and to expend such sums as may be necessary in connection therewith, including the authority to effect new leases or to make concessions to tenants; the ASSIGNOR hereby releasing all claims against the ASSIGNEE arising out of such management, operation and maintenance, excepting the liability of the ASSIGNEE to account as hereinafter set forth. This Assignment is given as additional security for the performance of each and all of the obligations and covenants of the Note and Mortgage above described (or any extension or renewal thereof). The ASSIGNEE shall, after payment of all proper charges and expenses, including reasonable compensation to such agents, employees or representatives as shall be selected or employed, and after the accumulation of a reasonable reserve to meet taxes, assessments, utility charges and fire and liability insurance in requisite amounts, credit the net ' amount of income received by it from the premises by virtue of this Assignment to any amounts due and owing to it by the ASSIGNOR under the terms of the said Note and Mortgage but the manner of the application of such net income and what items shall be credited, shall be determined in the sole discretion of the ASSIGNEE. It is further covenanted and agreed that the ASSIGNOR will keep, observe and perform all of the covenants on the part of the Lessor to be kept, observed and performed in any lease affecting any portion of the mortgaged premises. If the ASSIGNOR fails to keep, observe and perform any covenant of any such lease, the ASSIGNEE shall have the right, at its option, to keep, observe and perform such covenant on behalf of the ASSIGNOR or to declare, if not cured after thirty (30) days written notice, all sums secured by the Mortgage referred to herein to be htunediately due and payable and avail itself of any and all remedies provided for in said Mortgage in the event of default. In the event the ASSIGNEE should exercise its option to keep, observe or perform any of the Lessor's obligations under any lease affecting the premises, it shall be entitled to recover from the ASSIGNOR immediately upon demand any expenses incurred or amounts advanced in performing such covenants, together with interest at the highest lawful rate per annum now pemaitted by written contract under the laws of the State of Florida from the date of such advance. Should the ASSIGNOR fail to repay the ASSIGNEE any such expenses or advances as herein provided, ASSIGNEE may, at its option, with or without notice, declare all sums secured by said Mortgage to be immediately due and payable and avail itself of any and all remedies provided for therein in the event of default. It is understood and' agreed that neither the existence of this Assignment nor the exercise of ASSIGNEE's privilege to collect said rents, leases, or profits, rights and benefits hereunder, shall be construed as a waiver by the ASSIGNEE or its successors and assigns, of the right to enforce the payment of the debt hereinabove mentioned, in strict accordance with the terms and provisions of the Mortgage and Note for which this Assignment is given as additional security... ' 10/94 Revisiom 12 OR: 2763 PG: 0027 Should any of the terms or provisions of this Assignment or the Mortgage or the Note be delivered to the hands of an attorney for collection or representation by the ASSIGNEE, the ASSIGNOR covenants and agrees to pay all reasonable attorney's fees whether suit be filed or not, and such fees at the trial and appellate level. The ASSIGNOR further agrees to pay all costs associated with legal proceedings to enforce this Agreement. This Agreement is intended to bind and apply to the parties herein referred to as well as their successors and assigns. In recognition of the higher costs and delay which may result from a jury trial, the parties hereto waive any right to trial by jury of any claim, demand, action, or cause of action either arising hereunder or under any other instrument, document, or agreement executed or delivered in connection herewith or in any way connected with or related or incidental to the dealings of the parties hereto or any of them with respect hereto or any other instrument, document or agreement executed or delivered in connection herewith, in each case whether now existing or hereafter arising and whether sounding in contract or tort or otherwise; and each party hereby agrees and consents that any such claim, demand, action or cause of action shall be decided by trial without a jury and that any party hereto may file an original counterpart or a copy of this section with any court as written evidence of the consent of the parties hereto to the waiver of the right to trial by jury. IN WITNESS WHEREOF, the ASSIGNOR and ASSIGNEE have hereunto set their hands and seals on the day and year first above written. Signed, sealed and delivered in the presence off PrintName , ~ ~ :SS. HARLEY-DAVIDSON of NAPLES, INC., a Florida corporation 5707 STeY, St', NapI~ yL ~4~09 By: /~ President The foregoing instrument was acknowledged before me this ,(,"~. day of January, 2001, by JEFFERY SCOTT FISCHER, as Preside~gtl~~:L~VIDSON of NAPLES, INC.,, a Florida corporation, on behalf of the as identification. produced corporation. He.~or who has Signature of Notary Public - ] My commission expires: State of Print Name (Notarial Seal) 10/94 Revi~ion~ 12 *** OR: 2763 PG: 0028 STATE OF FLORIDA ) :SS. COtnVrY OF L~--e.- ) SUNTRUST BANK P. O. Box 3454 Fort Myers, FL 33918-3454/.~ Vic%Fresident Assignee The foregoing instrument was acknowledged before me this .2[ day of January, 2001, by GREG GUTHEIM, as Vice President of SUNTRUST BANK. He~ly lmo~ t~e or who has produced a sidentificat/on. Signature of Notary Public State of Print Name My commission expires: . (Notarial Seal) My Commission CC787148 Expires November 1, 2002 10/~4 Rcv~ion. 12 4 CLERK OF THE CIRCUIT COURT UNIFORM COMMERCIAL CODE FINANCING STATEMENT FORM UCC-1 (REV. 1993) This Financin~ Slatement is presented to a filin~; officer for filing pursuant to the Uniform Commercial Code: 1. Debtor (Last Name First if an Individual) ' " Jla. Date of Birth or FEI# HARLEY-DAVIDSON of NAPLES, INC., a Florida corporation lb. Mailing Address lc. City, State Ild. Zip Code 5707 Shirley Street Naples, Florida 134109 2. Additional Debtor or Trade Name (Last Name First if an Individual) 12a. Date of Birth or FEI# I 2b. Mailing Address 12c. City, State 12d. Zip Code 3. Secured Party (Last Name First if an Individual) SUNTRUST BANK 3a. Mailing Address 3b. City, State 3c. Zip Code P.O. Box 3454 Fort Myers~ FL 33918 4. Assignee of Secured Party (Last Name First if an Individual) 4a. Mailing Address lab. City, State lac. Zip Code 5. This Financing Statement cover~ the following types or items or property [Include d~scrlptlon of r~al property on which located and owner of reeord when required. If more space is requlred, attach additional sheet(sM See attached Exhibits "An and "B' 6. Check only if Applicable: [] Products of collateral are also covered. ] X Proceeds of collateral are also covered. [] Debtor is transmitting utility. 7. Check appropriate box: X All documentary stamp taxes due and payable or to become due and payable pursuant to s.201.22 F.S., have been paid. (One box must be marked) [] Florida Documentary Stamp Tax Is not required. 8. In accordance with s.679.402(2), F .S., this statement is filed without the Debtor's 9. Numb6r of additional sheets presented: 2..~_ signature to perfect a security interest in collateral: [] already subject to a security interest in another jurisdiction when it was brought into this This Space for Use of Filing Officer state or debtor's location changed to this state. [--]whichisproceeds~fthe~rigina~c~~Iatera~descr~bedab~ve~nwh~chasecurity~nterestwasperfected. 2735246 0R', 2763 PG: 0029 []as to which the filing has lapsed. Date filed and previousRllCORDIID ill OFFICIAl, RIICORDS of C0I&II~R COUNTY, FI. UCC-I filenumber 01/08/200I at 0i:35PX DI(IGtI? t). BROCK, CLI~RI~ [] acquired after a change of name, i¢ ntity, or corporate structure of the debtor. R]~C ~]]]~ 15. 10. Sil~ature(s) of De/b~r~s) / / Retn: HARI~I~Y-iD41VIDSC/lbIo_.IJIS[ARLi;~NC., a Florida corporation KIH$~I. HUGHES )? AL [ ~.2 Jr,a.~ j P OBOI 1910 By: J~E0 F]~I~ ~6TT I~i~C-~I~R, President I~? I~¥]IRS ]~i. 3390~ 1 1. Sigt~ ture(s) of Se~cur~d Pa~y~0r if Assigned, by Assignee(s) By: ,..~,. r'"'~ ~ ~ GREG ~'~U,TI(tEJNf, vic~ President 12. Return C.op~ to: Name SUNTRUST BANK Address DOUGLAS L. WALDORF, JR., ESQ. Address P.O.BOX 3454 City, State, Zip FORT MYERS FLORIDA 33918 FILING OFFICER COPY STANDARD FORM, FORM UCC=lApproved by Secretary or State, State of Florida Revised 10/95 coll.$16 " OR: 2763 PG: 0030 "EXHIBIT "A" Lot 6, NAPLES GATEWAY PHASE 2, according to the plat thereof recorded in Plat Book 35, Page 49, Public Records of Collier Count Florida. 9~3R~vis~nUCC.¢~ *** OR' 2763 PG: 0031 *** EXHIBIt "B" (A) Property"); All structures and improvements now or hereafler on the real property descn%ed in Exhibit "A" attached hereto ("Rea (B) All right, title, and interest of Borrower to the minerals, soil, flowers, shrubs, crops, trees, timber, emblements and othe products now or hereafter on, under or above the Real Property, or any part or parcel thereof; (C) All of Borrowers right, rifle, interest, and privileges arising under all contracts, agreements, licenses, approvals, and permit entered into or obtained in connection with the development or operation of the Real Property, including by way of example and not ix limitation: all development and construction permits, approvals, resolutions, variances, licenses, allocations, and franchises granted bi municipal, county, state, and federal governmental authorities, or any of their respective agencies; all architectural engineering, ant construction contracts; all drawings, plans, specifications and plats; and all contracts and agreements for the furnishing of utilities; (D) Property; All of Borrower's interest in all utility security deposits or bonds now or hereafter deposited in connection with the Real (E) All of Borrower's interest as lessor in and to all leases or rental arrangements now or hereafter affecting all or any part of the Real Property, all other rents and profits derived from the Real Property, and all income or proceeds from the development of or economic activity upon any part of the Real Property, together with any and all guaranties of such leases or rental arrangements, including all present and future security deposits and advance rentals, and any and all assignments of rent with respect to the Real Property or any part thereof; (F) All of Borrower's interest in and to any and all contracts and agreements for the sale of the Real Property, or any part thereot or any interest therein, whether now existing or arising hereafter, including but not limited to all of Borrower's interest in and right to eames! money deposits made upon such contracts and agreements; (G) All land improvements to and upon the Real Property, including water, sanitary, and storm sewer systems, and all related equipment and appurtenances thereto, whether now existing or hereafter located in, upon, over or under the Real Property, including but not limited to all water mains, service laterals, hydrants, valves and appurtenances, and all sanitary sewer lines, including mains, laterals, manholes and appurtenances; (H) All machinery, apparatus, equipment, fittings, and f~xtures, whether actually or constructively attached to the Real Property, and all trade, domestic, and ornamental fixtures and articles of personal property of every kind and nature whatsoever now or hereafter located in, upon, over or under the Real Property, or any part thereof, and used or usable in connection with any present or future operation or development of the Real Property, and now owned or hereafter acquired by Borrower, including by way of example and not in limitation: heating, air conditioning, freezing, lighting, laundry, incinerating, and power equipment; engines, pipes, wells, water filtering systems and softening devices, water heaters, pumps, tanks and motors; conduits; switchboards; fire prevention, fire extinguishing, refrigerating, ventilating and communications systems and apparatus; security and fare alarm systems and apparatus; boilers, furnaces, oil burners or units thereof; vacuum cleaning systems; all swimming pools and appurtenances thereto; all electrical and plumbing systems, fzxtures, equipment and installations; all furniture, furnishings, draperies, wall beds, attached cabinets, partitions, ducts and compressors, wall and floor coverings, blinds, elevators, escalators, and appliances, including but not limited to stoves, refrigerators, freezers, ovens, dishwashers, washers and dryers, la"ash compactors, and ice machines; television antennas and cables, storm and screen windows and doors, fans, awnings, and lighting fixtures, all building materials and equipment now or hereafter delivered to the Real Property or stored at an off-site location which are intended to be installed on the Real Property; (I) All right, rifle and interest of Borrower in and to all unearned premiums accrued, accruing, or to accrue under any and all insurance policies now or hereafter existing which covers all or any portion of the Real Property; all proceeds or sums payable for the loss of or damage to all or any port/on of the Real Property; all payments received under warranties applicable to all or any portion of the Real Property; and any other amounts received in satisfaction of claims for defects in such property. (J) Ail trade names, trademarks, and fictitious names used by Borrower in cormecrion with the Real Property or any business operation or endeavor located thereon; (K) All awards of payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise or the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of the Real Property. (L) All of Borrower's interest in and to certificate of deposit number held by SunTrust Bank and all proceeds therefrom. 9193 Rev~Jon UCC. exh COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION May 5, 2003 ENGINEERING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Mr. Craig Gunderson Neese & Associates 12661 Metro Parkway Ft. Myers, FL 33912 Re-' Naples Gateway Frontage Road - Water Preliminary Acceptance Revised Preliminary Acceptance Date Dear Mr. Gunderson: This is to inform you that the above referenced project has been granted preliminary acceptance by Engineering Services in compliance with Collier County Land Development Code, Section 3. All water and/or sewer facilities accepted and required to be maintained by Collier County have been conveyed to the County pursuant to the provisions set forth in Collier County Ordinance No. 2001-57, 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. Sincerely, Sherry Eaton Engineering Technician Joe Cheatham, Wastewater Director Paul Mattausch, Water Director A1 VanderMaulen, Wastewater Jacquelyn Johnson, Public Works John Houldsworth, Engineering Review PHONE (941) 659-5744 FAX (941) 643-6968 www. co.collier, fl.u'~ COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION April 21, 2003 ENGINEERING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Mr. Craig Gunderson Neese & Associates 12661 Metro Parkway Ft. Myers, FL 33912 Re: Naples Gateway Frontage Road - Water Preliminary Acceptance Dear Mr. Gunderson: This is to inform you that the above referenced project has been granted preliminary acceptance by Engineering Services in compliance with Collier County Land Development Code, Section 3. All water and/or sewer facilities accepted and required to be maintained by Collier County have been conveyed to the County pursuant to the provisions set forth in Collier County Ordinance No. 2001-57, 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. Sincerely, Engineering Technician cc: Joe Cheatham, Wastewater Director Paul Mattausch, Water Director A1 VanderMaulen, Wastewater Jacquelyn Johnson, Public Works John Houldsworth, Engineering Review COLLIER COUNTY GOVERNMENT · COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION December 26, 2001 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Mr. Craig Gunderson Neece & Associates 12661 Metro Parkway Fort Myers, FL. 33912 Re: Naples Gateway Frontage Road Dear Craig: This is to inform you that the above referenced project has been granted preliminary approval by Engineering Review in compliance with Collier County Land Development Code, Section 3.2.6.5.2. All water and sewer facilities approved and accepted and required to be maintained by Collier County shall be conveyed to the County pursuant to the provisions set forth in Collier County Ordinance No. 97-17, as amended. You are reminded that it is your responsibility to petition the Development Services Director for final approval of the improvements upon the expiration of the minimum one (1) year maintenance period. After satisfactory completion of all final inspections, the Board of County Commissioners shall adopt a resolution giving final approval of the required improvements, acknowledging the dedication(s) of the final subdivision plat and establishing County responsibility for maintenance of the required improvements if it is the Board's desire to accept and maintain the facilities. If you should have any questions or if we may be of assistance, please advise. Very .~ruly yo~urs, Jo~~!'? ~u~sworth Senior Engineer cc: Daryl Hughes, Engineer II Shirley Nix, Engineering Technician FAX ( 941) 643-6968 www. co.collier, fl.us ~--II Il--' Neese i Nssoctates November 2, 2001 Job No. 980040.02 Engineering Review Services 2800 North Horseshoe Drive Naples, FL 34104 NAPLES GATEWAY LAND TRUST NAPLES GATEWAY FRONTAGE ROAD Dear Ms. Nix: This is to certify that the Naples Gateway Land Trust has paid in full all outstanding engineering bills concerning the above referenced project Please feel free to call if you have any questions regarding this matter. Thank you. Sincerely, Eddie E. Neese, P.E:., P.L.S. President cc: David Isley 12661 Metro Parkway · Fort Myers, Florida 33912 Phone (941 ) 768-0077, Fax ( 941 ) 768-3457 WATER MAIN PRESSURE TEST PROJECT ~P~)C~-~ ~-~/~1~. ~/~~~r CONTRACTOR PROJECT # Z~P~C?g2;~g:)- ~ ~ DATE CLIENT ~~ ~~Z~ ~~MP PREClP WIND PRIOR 24 HRS TIME START ~.P,~'~P~.] PRESSURE START TIME END /./Z~42 PRESSURE END VOLUME LOSS = ~ D= f INCHES ~- S= ;~Z:::~ FEET VOLUME ALLOWED = .,~'"Z2/~/.,..~ /.Z::;h~;'/ P= /.,.~'~P PSI (O = iS) CD) (P^.s) 133,200 D= DIAMETER S= LENGTH IN FEET P= AVERAGE TEST PRESSURE TEST: R~E~ FAILED (CIRCLE ONE) WHERE WAS P D? .~'~" ~'~-'~Z/4=~_,~.*~.- DID IT DROP TO ZERO? SIGNATURE OF PER~O-N OBSERVING PLEASE PRINT NAME ~11 ii_1 Nees sociates November 6, 2001 Job No. 980040.02 Engineering Review Services 2800 North Horseshoe Drive Naples, FL 34104 RE: NAPLES GATEWAY FRONTAGE ROAD Gentlemen: This is to certify that the gravity main construction for the above referenced project is in substantial compliance with: x the approved plans and: x the approved specifications and that the infiltration rate is less diameter/mile/day (27.4 gallons/day) Very truly yours, Nefe~s~ciates Eddie E. Ne'ese, P.E. President EEN/cg the revised plans, attached ,. 1 the revised specifications, attached than the allowable standard of 50gallons/inch of 12661 Metro Parkway · Fort Myers, Florida 33912 Phone (941) 768-0077, Fax (941) 768-3457 Jeb Bush Governor Department of Environmental Protection South District P.O. Box 2549 Fort Myers, Florida 33902-2549 David B. Struhs Secretary June 19, 2001 Craig E. Gunderson, Authorized Agent Naples Gateway Frontage Road 1601 Jackson St., Suite 200 Fort Myers, FL 33901 Re: Collier County_ - PW Naples Gateway Frontage Road (Collier County Regional WIT) 154048-002-DS Southwest Coast EMA Dear Mr. Gunderson: 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 154048-002-DS dated January 18, 2001. 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, OJO/MFJ/klm cc: Eddie E. Neese, P.E.," Paul Mattausch O. James Oni Professional Engineer Water Facilities "More Protection, Less Process" Printed on recycled paper. ~ou 08 O1 06: 32p LCEI ~41-?~8-3457 FL IlCPT ENU PROTECT Fa×:941-332-6969 Nov 8 '"- 16:23 P. 02 Florida Department of Environmental Protection :,~ ,.,,/.~ ,~.....'L~_ m ~'o,w,~ts Off]cc Btdg., 2600 Bla~t Stone Kaad, Tallal~assee, Florida 3239S)-2400 DOMESTIC WASTEWATER COLLECTION/TRANSMISSION SYs;fE'Ms CERTIFICATION OF COMPLETION OF CONSTRUCTION I~STRUCTIONS: Th~s form Ls To be complesed ~d ~n~ to ~c D~nt, prior to placing lhe system into operation. A coll~~i~ sys~m s~d not ~ phced ~1o ~afion ~ p~or D~a~nt a~oval. All ~on is 1o bc ~d or p~ m ~ ~d ~ b]~ m~t ~ ~cd. Cot~'uction Petit No: 5058 I-2$O-DWC/CG N~ of Project: . Naples Gateway Fron~ize Road Name of Owner: ...Naples Gatew&y Land Trustt C~rard McH&le (Trustee) D&tcd 1 i/09/00 Nam~ of design engmee~ and ~Iorid~ registration number (if different from e~giaeer si~ing cemficarion): Eddic E. Ne~e Da~e(s) connecticm to existing system or treatment plant: November 2001 Treatmem plant serving project Name: North County Regional Wastewg~~ Treatment Plant Could: Collier City: Naples DEP Identification Number (also k~owa as WAFR or OM$ Identification Numbs): FLA 014139 Substantia/dgwiations from ~he appzoved pleas zad specifications (aaagh additional sh~ts if~¢qui~cd); L>zl,~m't~r~ant of~nviro~-~mentai ~-roteei~on APPROVAL, FQR USE Pase I of 3 FINAL WAIVER AND RELEASE OF LIEN STATE OF FLORIDA COUNTY OF COLLIER THE UNDERSIGNED LIENOR, BEING THE CONTRACTOR ON THAT CERTAIN CONSTRUCTION AGREEMENT COMMONLY KNOWN AS: NAPLES GATEWAY FRONTAGE ROAD, DO HEREWITH ACKNOWLEDGE THAT I HAVE RECEIVED PAYMENT IN FULL FOR WORK DONE ON SAID PROJECT AND DO HEREBY THIS DOCUMENT SWEAR AND AFFIRM THAT ALL BILLS AND LABOR, MATERIAL OR OTHER CLAIMS OR LIENS INTERESTS INCURRED BY REASON OF MY CONTRACT ON OR PRIOR TO SAID DATE HAVE BEEN PAID IN FULL. EXECUTED THIS I ~ DAY OF 0 CT6 {~v~-~C 2001. KYLE CONSTRUCTION, INC. OR: SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 2000. NOTARY PUBLIC Rite of FLoridL.-. Del~rr~ent of Heel Office of JIcksonvi DRINKING WA TER BACTERIOLOGICAL ANALYSIS FDOH#ESS?5~pR CAB USE ONLY Rec'd '"~3:45 05-16-01 TES. D Date: 05-16-01 By :GJG ,Time: 14:55 TO 15:50 CONF I RMED Press hard, (5) copies Collier, County SYSTEM NAME: ADDRESS: 3301 Tamiami Trail, COLLECTOR: ~n~l=*~l~'V T ~k!~ SAMPLE SITE (LocaLity or Subdivision): DATE AND TIME COLLECTED: ~_[~_~ Water Dept 5114069 SYSTEM I.D. NO: SYSTEM PHONE #: Naples, FL COUNTY: Col 1 ier DISTRICT: COLLECTOR PHONE #: NAPLES GATEWAY FRONTAGE RD !2:~ TO lc_': 10 TYPE OF SUPPLY(CircLe one)~,~itv water systea~ Nonco~unJty water syate~ Nontransient - nonco~t~unity water system Private weLL Swiming pool BottLed water Limited Use system TYPE OF SAMPLE(CircLe one): C~np[iance Repeat Rep[&ceme~t ~ c[eara~ WeLL survey Other (Check Box) [ ] Distribution [ ] Check here if payment ma( [ ] Raw to county public health I TO BE CC~4PLETED BY COLLECTOR OF SAMPLE TO BE COHPLETED BY LAB ANALYSIS METRO0: K/Iq~> MTF HMO-MUG PA COLL. SAMPLE POINT Ct NON ~3NFIRM CONFIRM NO. (Specific Address) RES'D pN COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBE 18 0+00 JUMPER 3.5 8.74 /~ 0105-5~ 19 4+25 EOL 3.5 7.89 /~' 0105-5 * ResuLts in this column are prescriptive. Total coliform and fecaL coliform or E. coLi confirmation wiLL foLLow in 2&-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): REMARKS: DAY TWO NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: INTERPRETATIONS-REMARKS BY. PROGRAM REVIE~ ( ) ( ) SATISFACTORY ( ) INCO/4PLETE COLLECTION INFORMAT ( ) REPEAT SAJ~PLES ( ) REPLACEMENT SAJ~PLES DRINKING WATER BACTERIOLOGICAL ANALYSIS FDOH#E5575~RL~aUSE ~LY Rec'd ....... 3:45 05-15-01 TEa. D Date: 05-15-01 By:GJG .Time: 15:00 TO 15:45 CONFIRMED SYSTEM NAME: ADDRESS: Press hard, (5) copies Collier County Water Dept 5114069 73::'-25 SYSTEM I.D. NO: SYSTEM PHONE #: 3301 Tamiami Trail, Naples, FL COUNTY: Collier DISTRICT: 11 COLLECTOR: GEOFFREY J GRABNER COLLECTOR PHONE #: ?,-=,::'-Ti NAPLES GATEWAY FRONTAGE RD SAMPLE SITE (LocaLity or Subdivision): DATE AND TIME COLLECTED: 05-- I5--01 TYPE OF SUPPLY(CircLe one):, ~ity water systei~ 12:35 TO NonconmJnity water system Nontransient - noncomnunity water system Private weLL Swfn~ning pooL BottLed water Limited Use system TYPE OF SAMPLE(CircLe one): CaR3iiance Repeat Rep[ace~nt ~ea~a~; WeLL sur~ey Other (Check Box) [ ] Distribution [ ] Raw to county pubLic health TO BE COMPLETED BY COLLECTOR OF SAMPLE TO_BE COt4PLETED BY LAB ANALYSIS METHOO: t,'~FF~ MTF HMO-MUG PA COLL. SAMPLE POINT CL NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFOP~I *TOTAL TOTAL FECAL E. COLI SAMPLE NU~BI 18 0+00 JUMPER ~.5 ½.25 ~ 0105-46 19 4+25 EOL 3.5 ).10 z~i 0105-46 ResuLts in this column are pres~tive. 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 - Coiiforms are absent TNTC- Too nc~nerous to count INVOICE ADDRESS (if different than address below): REMARKS: DAY ONE [NTERPRETATZONS-REMARKS BY. PROGRAM REVIEI NAME AND HAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEVING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOt4PLETE COLLECTION INFORHA' ( ) REPEAT SAHPLES ( ) REPLACEMENT SAMPLES 07/16/03 MEMO TO FILE - Naples Gateway Frontage Road Wes met with Pam Libby- - Stub outs will be removed; Pam will inform us when this has been done - 2" & 4" stub outs removed from County assets Sheet 2 needs to be changed; 15' Water main easement should be CUE and Note 32, change from "privately owned and maintained" to "owned and maintained by Collier County" Memorandum To: From: Date: Subject: Jacquelyn Johnson Public Utilities Sherry Eaton Engineering Services September 23, 2003 Naples Gateway Frontage Road - REVISED Item 13 under WATER and Items 14A & 1SA under ADDITIONS TO CONTRACT should be deleted from Contributory Assets. Items 16, 17, 19 & 20 under WATER are part of the water service fines and can be put into County assets if you deem appropriate. KYLE -" ,ONSTRUCTIC, I INC. 3636 PROSPECT AVE. NAPLES, FL 34104 Ph:643-7059 Fax:643-4679 NAPLES GATEWAY FRONTAGE ROAD ITEM CONTRACT # DESCRIPTION QTY UNIT PRICE AMOUNT 1 MOBILIAZATION 1 LS $1,114.54 $1,114.54 2 ADDITIONAL MOBILIZATION 1 LS $100.00 $100.00 GRAVITY SEWER: 3 CONNECT TO EXISTING 8" SEWER STUB 1 LS $700.00 $700.00 4 8" SDR 26 6 - 8' 120 LF $15.00 $1,800.00 5 8" SDR 26 8 - 10' 245 LF $20.00 $4,900.00 6 SINGLE SERV SEWER LATERAL (~ 35 LF 3 EA $300.00 $900.00 7 6" SEWER C/O 3 EA $100.00 $300.00 8 4' MH 8 - 10' (DROP) 1 EA $1,800.00 $1,800.00 9 4' MH 6 - 8' 2 EA $1,250.00 $2,500.00 10 8" SDR 26 6 - 8' (STUB OUT) 40 LF $20.00 $800.00 WATER: 11 REMOVE BO & CONNECT TO EXIST 8" MAIN 1 LS $400.00 $400.00 12 8" WATER MAIN C900 DR18 CL150 540 LF $23.00 $12,420.00 13 4" POTWATER STUB OUTS ~20LF 2 EA $300.00 $600.00 14 8" FIRE LINE STUB OUT (~ 20LF 3 EA $300.00 $900.00 15 4" IRR WATER STUB OUT (~ 20LF I EA $300.00 $300.00 16 2" POT WATER STUB OUT ~ 20LF 1 EA $300.00 $300.00 17 4" GATE VALVE 4 EA $450.00 $1,800.00 18 8" GATE VALVE 3 EA $800.00 $2,400.00 19 2"WATER STUB 1 EA $300.00 $300.00 20 2" GATE VALVE 1 EA $300.00 $300.00 21 PERM BACT SAMPLE POINT 1 EA $700.00 $700.00 22 8" GATE VAL~)E & TEMP BO 1 EA $1,200.00 $1,200.00 23 FIRE HYDRANT ASSEMBLY COMPLETE 2 EA $1,300.00 $2,600.00 24 'OPT TEMP BFP (~ CONNECTION 1 EA $22,000.00 $22,000.00 25 6" STEEL CASING (~ 50LF 1 EA $1,300.00 $1,300.00 26 8"STEEL CASING (~ 100LF 1 EA $2,000.00 $2,000.00 27 12" STEEL CASING (~ 100LF 2 EA $3,000.00 $6,000.00 28 18" STEEL CASING (~ 100LF 3 EA $4,000.00 $12,000.00 29 12" RCP 324 LF $18.00 $5,832.00 30 18" RCP 20 LF $22.00 $440.00 31 24" RCP 130 LF $26.00 $3,380.00 32 24" RCP MES 2 EA $450.00 $900.00 33 STANDARD INLETS I EA $1,200.00 $1,200.00 34 GUTTER INLETS 5 EA $1,500.00 $7,500.00 35 JUNCTION BOX 1 EA $1,800.00 $1,800.00 36 30" RCP 40 LF $36.00 $1,440.00 37 CONTROL STRUCTURE 1 EA $2,300.00 $2,300.00 TOTAL ORIGINAL CONTRACT $107,226.54 DELETIONS FROM CONTRACT 14 8" FIRE LINE STUB OUT ~ 20LF -2 EA $300.00 ($600.00I 15 4" IRR WATER STUB OUT ~ 20LF -1 EA $300.00 ($300.00/ 23 FIRE HYDRANT ASSEMBLY COMPLETE -1 EA $1,300.00 ($1,300.00) 25 6"STEEL CASING (~ 50LF -' EA $1,300.00 ($1,300.00)i 26 8" STEEL CASING (~ 100LF .. EA $2,000.00 152,000.00) 27 12" STEEL CASING (~ 100LF -2 EA $3,000.00 ($6,000.00) 28 18" STEEL CASING ~ 100LF -3 EA $4,000.00 ($12,000.00I 29 12" RCP -90 LF $18.00 ($1,620.00) 3i 24" RCP -130 LF $26.00 ($3,380.00) 32 24" RCP MES -2 EA $450.00 ($900.00) 33 STANDARD INLETS -' EA $1,200.00 ($1,200.00) TOTAL DELETIONS ($30,600.00) ADDITIONS TO CONTRACT 14A 8" FIRE LINE STUB OUT (~ 50LF 2 EA $850.00 $1,700.00 15A 4" IRR WATER STUB OUT (~ 50LF 2 EA $850.00 $1,700.00 18 8" GATE VALVE I EA $800.00 $800.00 26A 8" STEEL CASING (~ 50LF I EA $1,000.00 $1,000.00 27A 12" STEEL CASING (~ 50LF 1 EA $1,500.00 $1,500.00 35 JUNCTION BOX 1 EA $1,800.00 $1,800.00 38 14x29" ELLtP. PIPE 40 LF $54.00 $2,160.00 39 RIP RAP SUMP 1 LS $350.00 $350.00 TOTAL ADDITIONS $11,010.00 TOTAL NEW CONTRACT $87,636.54 October 30, 2001 Job No. 980040.02 Engineering Review Services 2800 North Horseshoe Drive Naples, FL 34104 RE: NAPLES GATEWAY FRONTAGE ROAD Gentlemen: This is to certify that the water main construction is located within the Collier County Utility Easement on the south side of Gateway Lane and is in substantial compliance with: x the approved plans and: x the approved specifications Very truly yours, Neese~2-AS~ociates Eddie E. Neese, P.E. President EEN/cg [] the revised plans, attached [] the revised specifications, attached KYLE CONSTRUCTION, INC. 3636 pro~ve. Ma~l.,e~, FL 3q'lOlt'*(94'l)6zl'3-7059*F~:z'~6zl'3'zl'67,9 GUARANTEE OF MATERIALS & WORKMANSHIP TO: Job.' NAPLES GATEWAY LAND TRUST 1601 JACKSON ST. STE 200 FT. MYERS, FL 33901 NAPLES GATEWAY FRONTAGE ROAD Services rendered are warranted by KYLE CONSTRUCTION, INC. to be free from defects in material and workmanship under normal use for a period of one (1) year from the completion & acceptance date of the job. ACKNOWLEDGEMENT By: KYLE CONSTRUCTION, INC. Lai~c~-~A. Abraha~m, Presiden~ Job Completion Date: (~TCIRFR 1 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Date 07/17/2001 8:49:39 AM Post Date 07/17/2001 Payment Slip Nbr UT 87427 Trans Number 275580 KYLE CONSTRUCTION CHECK Payor' KYLE CONST iFee Code 42CYIN Fee Information IDescription COUNTY INVOICES GL Account 40800000011510000000 Total Amount $165.37 $165.37 Waived Payments Payment Code Account/Check Number Amount CHECK 8802 $165.37 Memo: DOR#1511 Work Order #037080/032665 CHECK #8802 FOR $165.37 Total Cash I $0.00 Total Non-Cash ~ $165.37 Total Paid l $165.37 for proj. maint, full bore flush, line chlor. +bact Cashier/location: CROMEENES_A / 3 User: AVILES_L Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:l 1/0112001 11:04:03 AM FIRE PREVENTION BUREAU ' 780 Immokalee Road · Naples, F~orida 34110 (941) 597-9227 · Fax (941 ) 597-3522 October 29, 2001 R.J. Vann Mechanical 2970 Cargo St. FI. Myers, FL 33910 Re: Hydrant Acceptance for llarlcy Davidson - 3645 & 3649 Gateway Lane Fax: (941 ) 33 7-2298 Dear Sir, The North Naples Fire Control and Rcscue District has inspecled the above hydnmt(s)for ov,'ncrship and maintenance. We have received payment for thc above hydrant(s) and nov,' accept ownership and maintcnancc. $125.00 per hydrant times number ofhydranls 2 -- $ 250.00 $ 50,00 pcr thrust block times number of hydrants 2 = $ 100.00 One Flow Charge at time of acceptance of $35.00 = $ 35.00 l"ollowing m:e thc results of the llow tcsl: Total: $385.00 (i'd Ck#11809 & 11810) Static: 80 Rcsid: 72 Flow: 920 Pitot: 38 x I Port If you have any questions, please do not hesilatc to give me a call al 597-9227. Sinccrcly, ,' 7.G Karl K. Reynold& :irc Marsh~aX Fire Pre,,entlon Bureau KKIUdw P.02 Neese Associates November 6, 2001 Job No. 980040.02 Engineering Review Services 2800 North Horseshoe Drive Naples, FL 34104 RE: NAPLES GATEWAY FRONTAGE ROAD Gentlemen: This is to certify that the gravity main construction for the above referenced project is in substantial cotnplian.ce with: x the approved plans and: x the approved specifications and that the infiltration rate is less diameter/mile/day (27.4 gallons/day) Very Im!y yours, ~~&~ociates President EEN/cg the revised plans, attached .. 1 the revised specifications, attached than the allowable standard of 50gallons/inch of 12661 Metro Parkway · Fort Myers, Florida 33912 Phone (941) 768-0077, Fax (941) 768-3457 Mov 02 O1 04:41p LCEI Nov-02-O1 03:41P 941-768-3457 p.1 P.02 t30ldcal~tle~ Precast East, Inc. 214,0 Pondella ~ld. I~J~¢lh FO~ Mycr~L ~1 33903.31~4 (94 i ) 574-8896 FAX (94t) 574-t41~ November I. 2OOI C.'.¢)n.~lr uct ion l'rosl.~cl Ave. ,14104 This Icucr is to certify tt~e coali,g {m the IltaJdmh;~ located al Naples Gateway FronTage. Oldc~MIc PreCaSl. Inc. ccrtil~e~ that IJW t'~3311ng tIRs bccn 3pp)ied in u mmmlulu ihickne~s of I g mi]~ oll d~c cxlerior 5urJ~ee anti a ItlJnimu~n (~f ~b mils. in two coats, ~.~ t]le intcri~r ~urface r)flh~ mallhOlc_ Oldcastk. Prec.~st. I.e. .~inccruly Michael McD~)nnel] Regional gales Manager MM/da! DATE OF REVIEW: PROJECT NAME: 11/6/2001 COLLIER COUNTY UTILITIE~ WASTEWATER DEPARTMENT _PROJECT VIDEO REVIEW ~les Gatewa Fronta e Road Phase 2 North ENGINEER OF RECORD: CONSTRUCTION CONTRACTOR: VIDEO CONTRACTOR: COMMENTS: Sewer Viewer Lines and services are acceptable. RECOMMENDATIONS: ACCEPTABLE: REVIEW NUMBERED COMMENTS IN ONE YEAR: NUMBERED COMMENTS UNACCEPTABLE: (REPAIR/REPLACE): OTHER RECOMMENDATIONS: S~gnature~ Mario Garcia da~ema~seM ~uno3 ~a;IIO3 aB~:~O IO 90 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION November 7, 2001 Craig Gunderson Neese & Associates 12661 Metro Parkway Fort Myers, FL 33912 ENGINEERING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 RE: Naples Gateway Frontage Road, Water and Sewer Dear Mr. Gunderson: A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering Review Section of the Planning Services Department on November 7, 2001. Conditions were found to be acceptable, and appear to meet County standards. If you have any questions, please do not hesitate to call Randy Casey at (941) 403-2418. Sincerely Randy Casey Engineering Inspector CC; Jacquelyn Johnson, Public Works Joe Cheatham, Wastewater Director, Utilities Al VanderMaulen, Wastewater 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 PHONE 1941 ) 659-5744 FAX (941 ) 643-6968 www. co.collier, fi. us