Agenda 01/28/2014 Item #16A41/28/2014 16.A.4.
EXECUTIVE SUMMARY
Recommendation to approve the transfer of the Goodland Isles, Inc. Utility Franchise to
the Coon Key Pass Fishing Village Condominium Association, Inc., a Florida non - profit
corporation, in accordance with Ordinance 96-06, as amended, "Section 1 -19. Application
for Transfer of Franchise Certification, Facilities or Control, (E) Transfer to Homeowners'
Association."
OBJECTIVE: To transfer the Goodland Isles, Inc. ( "Goodland Isles ") to the Coon Key Pass
Fishing Village Condominium Association, Inc. ( "Coon Key "), a Florida non - profit corporation,
in accordance with Ordinance 96 -06, as amended, "Section 1 -19. Application for Transfer of
Franchise Certification, Facilities or Control, (E) Transfer to Homeowners' Association."
CONSIDERATION: Goodland Isles is a private wastewater utility providing service to the
Coon Key Fishing Village in Goodland. The original .012MGD wastewater package plant
provided sewer service to 13 small condominium units in Goodland with total average daily
flows of .00IMGD. The utility was owned by Bruce and Barbara Rackouski (husband/wife),
who in 2008 dismantled the original wastewater treatment plant and installed a force main from
the utility's lift station along East Palm to Goodland Drive where it interconnected with the City
of Marco Island wastewater force main.
Due to the downturn in the economy, the property, along with the utility, was sold to Pelican
Point at Goodland, LLC ( "Pelican Point "), a Trust represented by James Inglis on October 25,
2011. After lengthy discussions between Goodland Isles, Collier County Water & Wastewater
Authority ( "Authority "), the City of Marco Island, the Coon Key Pass Fishing Village
110� Condominium, and county staff, the City of Marco Island took possession of all assets owned by
the Goodland Isles with the exception of (1) the lift station located on the Coon Key Fishing
Village property, and (2) an 80 linear feet of concrete line directly in front of the original utility
plant, located on Pelican Points' property.
Representatives from the utility and the condominium association agreed upon terms of a
transfer of the remaining utility assets pending inspection and completion of any required repairs.
Once all repairs were completed, turnover documents, including 1) a letter advising the
Authority of the intent to transfer the utility, 2) the Bill of Sale signed by Goodland, 3) the Utility
Easement from Collier County for the Palm Avenue right -of -way, 4) the Subordination of
Mortgage, and 5) a No Lien Affidavit were executed and presented to the Authority for
consideration.
Collier County Ordinance 96 -06 requires that county staff present the Agreement to the
Authority for consideration, and if approved by the Authority, to the Board of County
Commissioners (`Board ") for final approval. On December 17, 2013, the Authority
unanimously approved the turnover of the remaining assets from Goodland Isles to Coon Key.
These assets (pump and lift station, and 80 linear feet of pipe segment) are described in detail in
the Bill of Sale.
Upon Board approval, the final turnover is complete and neither Coon Key nor Goodland Isles
will have an active utility franchise, as defined within Collier County Ordinance 96 -06, as
amended. The Coon Key Pass Fishing Village Condominium Association shall be solely
responsible for the operating and maintenance costs associated with the lift station and described
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1/28/2014 16.A.4.
pipe segment, all bills for service provided by the City of Marco Island, and will be subject to all
State requirements in regards to the operation and maintenance of this sanitary sewer lift station.
FISCAL IMPACT: Franchise fees totaling approximately $200 annually that have historically
been paid to the Collier County Utility Trust Fund will no longer be collected.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval. —SAS
RECOMMENDATION: That the Board approve the transfer of Goodland Isles to Coon Key, a
Florida non - profit corporation, in accordance with Ordinance 96 -06, as amended, "Section 1 -19.
Application for Transfer of Franchise Certification, Facilities or Control, (E) Transfer to
Homeowners' Association."
Prepared By: James C. French, MBA, CFM, Director of Operations & Regulatory Management,
Growth Management Division/Planning and Regulation
Attachments: 1) Letter of Intent
2) Bill of Sale
3) Utility Easement
4) Subordination of Mortgage
5) No Lien Affidavit
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1/28/2014 16.A.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.4.
Item Summary: Recommendation to approve the transfer of the Goodland Isles, Inc.
Utility Franchise to the Coon Key Pass Fishing Village Condominium Association, Inc., a Florida
non - profit corporation, in accordance with Ordinance 96 -06, as amended, "Section 1 -19.
Application for Transfer of Franchise Certification, Facilities or Control, (E) Transfer to
Homeowners' Association."
Meeting Date: 1/28/2014
Prepared By
Name: KovenskyKenneth
Title: Management/Budget Analyst, Senior,Operations & Regulatory Management
1/17/2014 10:47:05 AM
n Approved By
Name: FrenchJames
Title: Director
Date: 1/17/2014 11:02:32 AM
Name: LynchDiane
Title: Administrative Assistant
Date: 1/17/2014 11:31:06 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 1/17/2014 1:06:43 PM
Name: StoneScott
Title: Assistant County Attorney
Date: 1/22/2014 8:12:50 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 1/22/2014 8:59:33 AM
11—IN Name: KlatzkowJeff
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Title: County Attorney
Date: 1/22/2014 9:17:44 AM
Name: OchsLeo
Title: County Manager
Date: 1/22/2014 9:37:09 AM
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1/28/2014 16.A.4.
CHEFFY PASSIDOMO
EDWARD K. CHEFFY
BOARD CERTIFIED CIVIL TRIAL LAWYER
BOARD CERTIFIED BUSINESS LITIGATION LAWYER
JOHN M. PASSIDOMO
BOARD CERTIFIED REAL ESTATE LAWYER
JOHN D. KEHOE
BOARD CERTIFIED CIVIL. TRIAL LAWYER
LOUIS D. D'AGOSTINO
BOARD CERTIFIED APPELLATE. PRACTICE LAWYER
DAVID A. ZULIAN
BOARD CERTIFIED CONSTRUCTION LAWYER
LISA BARN= VAN DIEN
BOARD CERTIFIED REAL ESTATE LAWYER
James French
Director of Operations and
Regulatory Management
Collier County Planning Department
2800 North Horseshoe Drive
Naples, Florida 34104
ATTORNEYS AT LAW
821 Fifth Avenue South
Naples, Florida 34102
Telephone: (239) 261 -9300
www.napieslaw.com
December 5, 2013
VIA EMAIL:
1/28/2014 16.A.4.
CLAY C. BROOKER
BOARD CERTIFIED CITY, COUNTY AND
LOCAL GOVERNMENT LAWYER
ANDREW H. REISS
BOARD CERTIFIED BUSINESS LITIGATION LAWYER
WILLIAM J. DEMPSEY
BOARD CERTIFIED REAL ESTATE LAWYER
MICHAEL W. PETTrr
NICHOLAS E MIZELL
BRIAN D. ORSBORN
MATEO ARIAS
OF COUNSEL:
GEORGE L. VARNADOE
JamesFrenchaeollier og v.net
Re: Goodland Isles, Inc. ( "Goodland Isles "), Private Wastewater Facility
Dear Jamie:
As you're aware from our recent discussions, our frin represents Goodland Isles with regard to
the referenced private wastewater facility (hereinafter the "Facility "), which consist of a lift station and
^ sanitary sewer pipe serving the 13 -unit Coon Key Pass Fishing Village Condominium on Goodland (the
"Condominium "). The lift station is wholly located on the Condominium property, as is a small segment
of the pipe. The balance of the pipe is located on property bearing Collier County Parcel No.
46372960405, which is owned by Pelican Point at Goodland, LLC ( "Pelican Point"). The location of the
Facility is generally depicted on the attached and enclosed aerial photograph.
The purpose of this letter is to advise you that Goodland Isles has reached an agreement to turn
over control and ownership of the Facility to the Condominium. Goodland Isles has been operating at a
significant loss for the last two years, and the turnover will be for no consideration and in lieu of
Goodland Isles petitioning for a rate adjustment. As part of the turnover, Goodland Isles will execute and
deliver a Bill of Sale in favor of the Condominium for the Facility, and Pelican Point will grant the
Condominium a Utility Easement over portions of its property for the corresponding segment of sewer
pipe. We will forward executed copies of these items to you as soon as they are available.
Thank you for your assistance in facilitating the turnover, and please feel free to contact me
directly should you have any questions or comments.
Enclosure
cc: Mr. James Inglis
10-1`1 Craig R. Woodward, Esquire
6378 -0001 I1157
FVe rs,
mpsey , SSIDOMO, P.A.
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1/28/2014 16.A.4.
BILL OF SMLE
KNOW A-.1 L. MEN BY THESE PRESENT TS:
That OOODI ,AND ISLES. INC., A FLORIDA CORPORATION. with a business
address of Attn: .lames Inglis, 300 international Parkway. Sunrise, Florida 33325,
hereinafter called the "Grantor," for and in consideration, of the sum of ten dollars
($10.00) and other good and valuable considerations, the sufficiency and receipt of which
is hereby acknowledged, paid to it by COON' KEG' PASS FISHING VILLAGE
CONDOMINIUM ASSOCIATION., INC.. A FLOREDA NON - PROFIT
CORPORATION, with a business address o3 6 i l .Palm Avenue East, 'Goodland, Florida
34140, hereinafter called the "Grantee," has granted, bargained, sold, transferred, set over
and delivered, and by these presents does grab:, bargain, sell_, transfer, set over and
deliver unto the Grantee all equipment, machinent. materials, goods and chattels,
comprising the sanitary seweriwastewater collection system more described as follows
(collectively the "Personal Property").-
The pump and lift station (the "Pump Station ") located on and serving the Coon
Key Pass Fishing Village Condominium property, as such property is described in
the Declaration of Condominium for Coon Key Pass Fishing Village, a
condominium; as recorded in Ofriciat Records Boob 972, Page 210, et seq., of the
Collier County, Florida, Public Records, as amended (the "Condominium
Properly " }, which Pump Station is more particularly described in that certain
Operation and Maintenance Manual dated. August 2008 and issued by Q. Grady
Minor ft. Associates, P.A.; and
That segment of 4" force main pipe connecting the Pump Station to the 4" force
main pipe owned by the CitEr of Marco Island and located within the Utility
.Easement recorded .lulu 2= . 2013, in Official Records Book 49477, Page 3 716, of
the Public Records of Collier County, Florida (coliectivety the "Pipe "). A portion
of the Pipe is iocated within the Condominiui Property, and a portion within the
boundaries of th real property described ir, the deed recorded in Official Records
Book 4 74 Daet 54-, of the Public Records o.- r oliier Counts. Florida (the "613
Pain: Propert \;" Granto- ha4 obtainer an:; delivered to Granfec- an easement of
even date herewit'r_: to maintain., retaai and repiact. as appronriatw, that segment
of the Pip: located within the boundaries o` the 61= Palm Propertt,, .
TO HAVE AND TO 1401 - _'i the same unto: the Grantee an:' its successors and/or assigns
forever.
and the Grantor hereby covenants to anc with the Grantee tim` is is fire lawfu owner of
the said Personal Property, tha> the Persona' ProperrE is free from ail 'liens ant
encumbrances: that Grantor has gooey right to sell., transfer_ and convev the Persona:
Property as aforesaid, and that it will warrant and def=6 the same against the lawful
claims and demands of all persons whomsoever.
IN )AgTNESS WHEREOF, the Grantor has caused its corporate name to be hereunto
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subscrir)ec an it --mooratt sea' tc- Dt alllixe-f Dv it'. omce:. ner-2u-MICT Guiry auth.-Hze-'.
bdkemloe�, 201
this, da-, oi-
VN7171NESSEIS -
-�Signa=e
5
Typ rmi-11 =ii Name
Simature
1.A 2 yr.Ahr
TvvedA-'ruited Nmnc
T
STATE OFIT�ORJDA,
�01-TNT'Y OFF COLLIER
GC)OD--,--kNTD ISTLES, IINC'.., a Florida
By.
amesin.alls, its POsilent.
The foregoing i I was acknowledged -before me this
Instrument
2013, by James Inglis- as President, of'Goodiand isles, inc.,
who [:fjl is personally knowr. to Me or has produced
identification and who dididi6 not take an oath.
4'�h day of bd*-enfberr,
F. Fiorids corporation.,
as
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Notar, Si�maum;
I affix, seal-�
cu-(d,
Nainc tvDr-6:
M7,-- Commission
USA C. MCCURDY
EE 61974
E8
W comma # 61 0
EXPIRES: Fobnm.,y 1,2017
TW Ndmy P.W ummp-
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This insti=ez was preparek!
without opinion of title bv
and after Recording Rettira to:
Wifliam J. Dempsey
Cheffv Passidomo, P.A.
921 Fifth Avenue South
Napies, Florida 34102
(239) 261-93W
UTILM'EASEMENT
1/28/2014 16.A.4.
;'4'1
THIS EASEMEN"I". granted thiss r dal= of December, 2013, by PELICAN POINT
AT GOODLAND. LLC, a Florida limited liability- company, whose mailing address is -Ann:
James Inglis, 300 International Parkway, Sunrise-, Florida 33325 (hereinafter referred to as
"Grantor"), to COON KEY PASS FISHING VI AGE CONDOMESITM ASSOCIATIONT,
INC., a Florida non-profit corporation, with a business address of 611 Paim Avenue East-1
Goodiand, Florida 34140 (hereinafter referred to as ILGrantee",1V
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, legal representatives, successors and assigns. Grantor and
Grantee are used for singular or plural, as the context requires.)
W I T N E S S E T K:
Grantor, for and in consideration of TENT DOLLARS ($10.00) and other valuable consideration.
paid by the Grantee, the receipt and sufficiency of which is hereby , ack-nowled ed hereby
acknowledged, A*_N1
conveys, grants. bargains and selis unto the Grantee, a perpetual, non-exclusive utility easement
for the purpose of maintaininL, existing underground sewer pipes (coliectivvy the "Pipe ") under,
upon and across the following described lands located in Collier County, Florida, to Wit:
The Westernmos-L thirti,,- z.30) ' feet of real propert�r more particulariy described.
in attached Exhibit -A;" which is incorporated herein by reference (the "Easement
Subject to easement::. restriction L. anc reservations o.- recor.,
TO Hi%-NT:- A-INT, T�C� 110-LID the sam-_ unt-
1/28/2014 16.A.4.
accom modate suer residenua- unn-s o. com mercla' use,- a! t ne
a a- sflaV bear
tiv referenc!: 1c• aDpitcabit enuineenm�_ andl!c regulator` standar 1,7., 3ram
L.
exl)ense of such connection, mc1uciin_,r%Aqtftoir limitation impac� fees aril any, costr, o g radir
f up
+ Zn he connection. iii. Grantol
the lift. station ano, rather equipment sera the F-me ne ssitate b. t
ens- o maintaining tree pipe, which expense
snal'I thereafter be responsibie for the pro-rata exp f h
shall b.: Q etermineoil bas-_6 or the 7atio of the number of such residential units to the thirteen 3"'
residentia" Lmijs within the C"oon Rzy Pass ��IshinL Villiaue cono"CIMMIUM (in the cast can the
connection, of residential unit.; to the pipe ), or rased on the reiative wastewater to be generated
ranto' S en(Tineer (in the
ON, th-, commercial uses., as detelrminec�- a'-,- +the professional ODImon of
event of the connection of commercial uses to the Fi-pe)-, anal Iv. Grantor shall, be responsibie f€a�-
raayment of wastewater transmission fees associates wi& such Tesidentia., units and!07
commercial uses..
-6 e exec ed t d
IN, W'LNTSS �kljjEREOIF, the &anioir has cause- these to b ut lie a
and year firs-, above written-
Si SE S GRANTOR:
wture
TSjvdjj-nmed Nam:
7--V-
sipuuwe j
tV'VtVrU_ W VL1A-Kj_>_
t'cpectri>rinte,J Name
PELICAN POINT AT GOODLANDI LLC�
a Florida limited JiMbili onlpan�f,
if
tiger
1 its Mao
James 11. inglis, "S ger
T_
before m i, pbeftlembe-I., 2011S. bv
ojii�_;- 1"Istrumen". W&� a^ d Per The forea Know Pe .1, t1l MY 04
Z� C 1. 1, - 2, "0 IR G
TP eii, -r;� - , " odi n iimitec' iiahifit77
cat . 0111-,
jame:- ingns, as I rest
conifoam. JIMO1%d711 tO M,''.
idejitjfjcaj.�.jr�, ano WnC-1 Clid"Clic, no'. take ar -,)at.-,.
mtary Siana:tur-_
jaffir, sea. ' C
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L IrAC. MCCUFDY I lvl'_� Ommissioll
My COWA#S" If EE 861974
E)(MRES: FeMry 1, 2017
Borm TWU Notary P&M UMwwftM
6378-00014154
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1/28/2014 16.A.4.
Aerc Hardware & Suppily, inc.- a Fiorida corporation ("Subordinating Party" j, as holder of the
Mortgage recorded November 7. 201 in Official Records Booi: 473 �., Pa--,- 551, of the Public
Records of Collier County, Florida (the "Mortga
ge"), hereby subordinates its rights and remedies
in and under the Mortaaae to the rights of Grantee under the attached Utility Easement..
IN WIT-NESS WHEREOF, the Subordinating Party has caused this Subordination of Mortgage
to be executed this �* day of .tember, 2013.
WITNESSES'.
--ar Z � 6��� -
Sigature 1-1
O.Ackra_ I-, 1-hoc-C.&rron
Tvped/Pruited Nanic
Si P'atlt
Tv
. ped/Pmted Name
STATE OF FLORIDA
CIOUNTY OF COLLIER
SUBORDINATING PARTY:
AERO HARMNARE & SUPPLY, INC., a
Florida corporation,
By
7James H-. 1�gjis, its IW
Officer �Kef Execut
The foregoing, instrument was acknowledged before me this dai,., of JSftember, 2013, by
James Inglis, as Chic" Executive Offficc7- of Aere Hardware & Supply, Inc., a Florida
corporation, who 21,'is Dersonafiv J
Known io me or Lj has produced as
identification and who G fi
d/did not take an oath.
Q
Notary Signature
WE- seal-!
Name typed: LA_ J'iii Q
USA C. MCCURDY a Iviv --ommisslor, expi-
MY COMMON f EE 861974
WEE& FeWURY 1. 2017 It
.4�e Bonded 7ft tio" PAM thideffff'M
637"001 #154
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NO LIEN AFFIDAVIT
STATE, OF FLORIDA
COUNTY OF i
1/28/2014 16.A.4.
Tames Inglis ( "Affiant "), as President of Goodland Isles, Inc., a Florida corporation ( "Owner ").
and as Manager of Pelican Point at Goodland, LLC, a Florida limited liability company ( "Pelican Point ")
being first duly sworn; deposes and says that Affiant makes these representations to Coon Key Pass
Fishing Village Condominium Association, Inc.., a Florida non - profit corporation (the "Association ")
with regard to the Personal Property described in the Brill of Sale of even date herewith executed by
Ov%mer and with regard to the Utility Easement of even date herewith executed by; Pelican Paint and
delivered to Association:
1. Owner is the only owner of the Personal Property. Pelicans Point is the only owner of the real
property described in the Utility Easement (the "Easement Area "), and Affiant has full authority to
execute and deliver the Bill of Sale and the Utility Easement.
2. Neither the Personal Property nor the Easement Area subject to any lien or .encumbrance (except
for the Mortgage described in the Utility Easement. which has been subordinated to the rights of the
Association).
. Affiant has no knowledge of am. matters pending .against the Owner or Pelican Point that could
give rise to a lien that would attachh to the Personal Property or the Easement Area, or cause a loss of-title.
and. the Affiant- has not. and will not execute any instrument that would adversely affect the title of the
Personal Propertv or the Easement Area.
4. The Owner has undisputed possession of the Personal Property - and Pelican Point has undisputed
possession of the Easement Area, and there is no other person or entity_ in possession, or with any
possessors' right in the Personal Property or the Easement Area.
5. There are no outstanding contracts, either oral or written.. for the fits- nishing of any labor or
material to the Personal Property or the Easement Area. and all labor.. materials. or services heretofore
furnished with regard to the Personal Property= and the Easement Area have been paid in full.
6. There are no existing service or maint0nance contracts af'ecting the Personal Property.
T To the best of Aff3ant's knowledge, there is no civil action pending vvhicl, involves the Personal
Property= or the Easement Area in any way.
Affiant ,Narrarrts that each of the foregoing statements are be true and correct, and Affiant shall riwf.?
Association of any changes in these representations. Pelican. Point intends for Association to rely, on these
representations in accepting delivery' of the Bill of Sale and ownership and title of the Personal Property,
and in accepting the Utility Easement and an easement in the Easement Area. Pelican 'Point does hereby
agree to indemnify' and hold Association hamucss of and from any and all loss costs. damage; penalty and
expense of every kind. including attorneys' fees. which the Association shall suffer or become liable for
on account of reliance on the statements made hercir.
Tam is. Presi of Goodland Isles_
Inc., a Florida co ration, and as Manager
Of Pelican Point at Goodland. LLC. a Florida
limited liability company
6378 -0001 #356
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1/28/2014 16.A.4.
The faregoin eras sworn to. subscribers and acknowledged before me this dad o` December, 201:
by lames Ingiis- as President of Goodlane Isles. Inc.. a Florida corporation, and as Manager o` 1?elicar-
Point w Goodland. ILLC- a Pion& limited- habilin compam. whe ; is nersonaliv Imovvn or Li
produced as identification.
r
[Notary Seal]
Notan- Public
Prmwd Name:
UM MCCUMY
MN, Commission Expires: _�" c
Y f ff W11174
EXPIRES: Febnwy 1. 2017
M Tln NOW,
637s-oo01 n156
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