Agenda 09/14/2021 Item #16C 3 (Conveyance of a Bill of Sale for water infrastructure located at 5362 Useppa Dr. in the Town of Ave Maria)09/14/2021
EXECUTIVE SUMMARY
Recommendation to approve and execute documents necessary for the conveyance of a Bill of Sale
for water infrastructure on and to County owned property located at 5362 Useppa Drive in the
Town of Ava Maria, for a Public Safety Center, to the Ava Maria Utility Company, at no cost to
County.
OBJECTIVE: To convey a Bill of Sale to the Ava Maria Utility Company (Utility) for water
infrastructure on County owned property.
CONSIDERATION: Collier County owns 3.24 acres of land (Site) located within the Town of Ava
Maria, for a future Public Safety Center (PSC). The Collier County Board of County Commissioners
(Board) accepted the property at their February 3, 2010 regular agenda meeting, Agenda Item 16B1.
On September 25, 2018, Agenda Item 16E10, the Board approved a lease agreement with the Immokalee
Fire District (District) and County, where the District would lease three acres and construct and operate a
PSC. All costs for the design, construction, permitting, management, and on-going maintenance will be
the sole cost of the District. The District will provide the County with space within the PSC for the
Sheriff’s Office and Emergency Medical Services (EMS). The construction of the facility is now nearly
complete and in preparation for the final completion and obtaining the final Certificates of Occupancy, we
must meet the requirements of the District.
The Utility is the water and wastewater utility service provider in the Ava Maria area and will be
providing water and wastewater utility service to Ava Maria Fire Station, along with the Sheriff’s Office
and EMS Station #32. Recording of appropriate documents will be done by Utility once all Utility
requirements have been met.
A location map is attached for reference.
FISCAL IMPACT: The Fire Station is funded by the Immokalee Fire District and the related contract
for that portion of the work has been negotiated separately between the Immokalee Fire District and the
contractor. The total cost for recording of the documents will be paid by the District.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
LEGAL CONSIDERATIONS: The conveyance documents have been reviewed and approved for form
and legality and requires a majority vote for Board action. - JAB
RECOMMENDATION: That the Board:
1. Approve and authorize the Chairman to execute the documents necessary for the conveyance
of the utility facilities, including the attached Bill of Sale, Assignment of Warranties and
Bonds, and Owner’s Affidavit
Prepared by: Toni A. Mott, Manager, Division of Facilities Management
ATTACHMENT(S)
1. Location Map (PDF)
16.C.3
Packet Pg. 1839
09/14/2021
2. Scanned Bill of Sale (PDF)
3. Scanned Assignment of Warranties & Bonds (PDF)
4. Scanned Owner's Aff (PDF)
16.C.3
Packet Pg. 1840
09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3
Doc ID: 17872
Item Summary: Recommendation to approve and execute documents necessary for the
conveyance of a Bill of Sale for water infrastructure on and to County owned property located at 5362
Useppa Drive in the Town of Ava Maria, for a Public Safety Center, to the Ava Maria Utility Company,
at no cost to County.
Meeting Date: 09/14/2021
Prepared by:
Title: Property Acquisition Specialist, Senior – Facilities Management
Name: Cindy Erb
08/25/2021 3:24 PM
Submitted by:
Title: Director - Facilities Maangement – Facilities Management
Name: Ed Finn
08/25/2021 3:24 PM
Approved By:
Review:
Facilities Management Toni Mott Additional Reviewer Completed 08/25/2021 4:03 PM
Facilities Management Ed Finn Director - Facilities Completed 08/25/2021 6:30 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 08/27/2021 3:48 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/27/2021 3:58 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 08/28/2021 10:35 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/30/2021 8:42 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/30/2021 11:08 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 09/01/2021 10:29 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/01/2021 10:47 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.C.3
Packet Pg. 1841
LOCATION MAP
16.C.3.a
Packet Pg. 1842 Attachment: Location Map (17872 : Ava Maria Fire Station)
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that
,on behalf of__ _C,oll!9r,Corn& f
Collier and State of Florida ("Seller"), for and in conslderation of the sum of ien
and 00/100 dollars ($10.00) paid it by Ave Maria Utility Company, LLLP, a Floridalimited liability limited partnership of 5076 Annunciaiion Circle, Suite 102, AveMaria, Florida 34142 ("Buyer"), the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold, transferred and delivered, and bythese presents does grant, bargain, sell, transfer and deliver unto Buyer, iti
executors, administrators and assigns, the following goods and chattels:
Located within the property described in Exhibit A (the "property"),
attached hereto and incorporated by reference herein and all utiliiy
equipment, installation, and materials including but not limited topipelines, meters, lift stations, force mains, etc. (the "Utility
Facilities"), identified in Exhibit B.
Buyer is granted the right to enter upon said land, excavate, relocate and/or take
introduce materials. for the purpose of constructing, relocating, operating,
repairing and/or otherwise maintaining Utility Facilities thereon. Seiter als-ogrants to.Buyer the water, reclaimed water, anfuewe+ rights and the right to
serve and provide water, reclaimed water, and sewer service to the property
described pursuant to the Ave Maria Utility Company, LLLP tariff filed with th6
Collier County Water and WastewaterAuthority.
TO HAVE AND TO HOLD the same unto the Buyer, its executors, administrators
and assigns forever.
AND Seller, does, for itself and its heirs, executors and administrators, covenant
to and with Buyer, its executors, administrators and assigns, that it has good and
marketable title and right to sell the Utility Facilities and that it will wairant and
defend the sale of the said property, goods and chattels hereby made, unto
Buyer, its executors, administrators, and assigns against the lawful claims and
demands of all persons whomsoever.
IREMATNDER OF PAGE tNTENTIONALLY LEFT BI-ANKI
Page 1 of 2
16.C.3.b
Packet Pg. 1843 Attachment: Scanned Bill of Sale (17872 : Ava Maria Fire Station)
IN WITNESSヽ ⅣHEREOF,Se∥er has hereunto set ts hand and sealthis
day of 20
Printed name:
Title:
Signed,sealed and deiivered in the presence of us:
W!TNESSESS:
Print name.Print name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means oftr physical presence or D online notarization this day of
20______,by . Such person(s)
Notary Public must check applicable box:
E are personally known to me.
tr produced his/her current driver license.
tr produced as identification.
(Notary Seal)
Notary Public
Printed Name of Notary:
Commission Number:
My Commission Expires:
Approvcd as to form and lcgality
81穏 私LK ON■L CLERK
By:
………蔚BY:
Page 2 ol 2
16.C.3.b
Packet Pg. 1844 Attachment: Scanned Bill of Sale (17872 : Ava Maria Fire Station)
Exhibit“A"
Legal Description-4‐Acre Parcel
Tract``F-7'',Avc Maria Uhit Two,Park of Conlmcrce,rccOrded in Plat Book 48,pagcs 22
through 28,Collier COunけ ,Florida
And
The SOuth 109 47 feet of Tract``F-6",Ave Mana Unit T、vo,Park of COmmcrce,rccorded in Plat
Book 48,pages 22 through 28,Conicr cOun■/,Florida,as lncasurcd parallcl、ャlth the sOutherly
linc Of said Tract``F‐6''
16.C.3.b
Packet Pg. 1845 Attachment: Scanned Bill of Sale (17872 : Ava Maria Fire Station)
Ave Maria
・E:aborate as necessary on itenl descnption in this 001umn.
(e.g.,DR14,CL2CЮ ,wetweil diameter,etc.)
丁OTAL COST: $
Utilitv Companr
Item Description ・ Other Size unit Quanttty unit PHce Total Cost
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16.C.3.b
Packet Pg. 1846 Attachment: Scanned Bill of Sale (17872 : Ava Maria Fire Station)
ASS:GNMENT OF WARRANT:ES AND BONDS
キい 。On thb aS'day of AЧ Q嗅 sや ,20ヨ 1,and for
、′ぅl[1‐ raハ らh′6月value received, " Collier Countv ("Owner"),
whose address is, . , assigns
to Ave Maria Utili nnunciation Circle, SIite
102, Ave Maria, FL 34142, all right, title, and interest in:
1. Any and all warranties made or given to Owner by any contractor,
subcontractor, or other entity, for any work performed in relation to
Owner receiving water, reclaimed water and/or wastewater services
from Utility, including but not limited to construction of wastewater
lift stations, collection and transmission systems and appurtenant
facilities, and water and reclaimed water pumping, transmission
and distribution systems and appurtenant facilities (collectively the
"Systems") copies of which are attached hereto as Exhibit A and
incorporated as if fully restated herein;and,
2. Any and all maintenance, completion, and/or performance bonds,
including the right to enforce such bonds, applicable to any
materials provided for, or work performed on, the Systems, copies
of which are attached hereto as Exhibit B and incorporatedherein.
This assignment is intended to cover all warranties of any nature whatsoever,
from any source whatsoever, whether written or otherwise.
lf for any reason any warranty assigned pursuant to this assignment is
determined unenforceable, and/or any contractor, subcontractor, or other entity
against whom a warranty may be enforced is no longer a going business concern
during a period of time within which a warranty might otherwise have been
enforced, Owner, its successors and assigns, fully warrant, for a period of thirty-
six (36) months from the date of acceptance by Utility of the Systems, all work
performed in relation to Owner receiving water, reclaimed water and/or
wastewater services from Utility.
[REMAINDER OF PAGEINTENT10NALLY LEFT BLANK〕
Page 1 of2 CA0
16.C.3.c
Packet Pg. 1847 Attachment: Scanned Assignment of Warranties & Bonds (17872 : Ava Maria Fire Station)
IN 1/VITNESS VVHEREOF:
By:
Pttnt Name:
T性 le:
Signed,sealed and delivered in the presence of usi
WITNESSESS:
Print name:Print name:
SttATE OFCOUNTY OF
The foregoing instrument was acknowledged before me by means of tr physical
presence or n online notarization this day of
Such person(s)
Notary Public must check applicable box:
D are personally known to me.
tr produced his/her current driver license.! produced _ as identification.
(Notary Seal)
Notary Public
Printed Name of Notary:
Commission Number:
My Commission Expires:
20_, by
Approvcd as to form and lcgality
`｀
ATTESl
CRY・ STAL K KINZEl.(1:_ERK 彙社づヾ
BY:
Page2 of 2 ch°
16.C.3.c
Packet Pg. 1848 Attachment: Scanned Assignment of Warranties & Bonds (17872 : Ava Maria Fire Station)
Exhibit "A"
Legal Description - 4-Acre Parcel
Tract "F-7", Ave Maria Unit Two, Park of Commerce, recorded in Plat Book 48, pages 22
through 28, Collier County, Florida.
And
The South 109.47 feet of Tract"F-6", Ave Maria Unit Two, Park of Comrnerce, recorded in Plat
Book 48, pages 22 through 28, Collier County, Florida, as measured parallel with the southerly
line of said Tract "F-6".
16.C.3.c
Packet Pg. 1849 Attachment: Scanned Assignment of Warranties & Bonds (17872 : Ava Maria Fire Station)
Exhibit"B"
Ave Maria
tirilirr' (ionrpanr
LABOR&MATER:ALS
lbm Descrip[ion ・ Other Size Unit Quanfoty I unit eri""Totai Cost
仄
eri:WT 2∥ EA l l_二 野乙円||:T
_l l::・
‐
_三 十
'Elaborate as necessary on item descnpuon in this oo:umn.
(e.g.:DR14,CL2001 wetwe∥diameter,etc.)
TOTAL COST: S l,967.00
16.C.3.c
Packet Pg. 1850 Attachment: Scanned Assignment of Warranties & Bonds (17872 : Ava Maria Fire Station)
OWNER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
("Owne/') who, having been duly sworn and
under oath, deposes and states:
1. My name is PZ n rNl r+r -, cn( I am over the age of twenty-one
(21) years, and have personal knowledge of the facts asserted herein.
2 I am the owner of such real property located at 5362 Useopa Drive
(the "Property") and described on Exhibit A, incorporated herejn by
reference and showing the location of the water distribution, effluent
distribution, and sewer collection systems thereon (the "Systems,,), which
Systems are being conveyed by Owner to Ave Maria Utility Company, LLLp
("Service Company").
3 All persons, firms, and business entities, including the general contractor.
all laborers, subcontractors and sub-subcontractors, material men and
suppliers who have furnished services, labor, and/or materials used in the
construction, installation and/or repair of the Systems or any portion
thereof have been paid in full and that all such work has been fully
completed and unconditionally accepted byOwner.
4 No claims have been made to Owner, nor is any suii now pending against
Owner, on behalf of any contractor, subcontractor, su b-su bcontractor,
supplier, laborer or materialman, and no chaltel mortgages or conditional
bills of sale have been given or are now outstanding as to lhe System or
portions thereof placed upon or installed in or on the Property.
5 Title to the Systems or portions thereof and/or easements, if any, being
conveyed to Service Company is not encumbered by any recorded
mortgage, recorded assignment of rents or profits, by any recorded
Uniform Commercial Code Financing Statement, or by any other recorded
document that imposes a security interest that could negatively affect
conveyance of marketable title to the System or portions thereof and/or
any easement being conveyed to Service Company.
OR
Title to the Systems or portions thereof and/or easements being conveyed
to Service Company is subject to the following securily interest(s) by the
following recorded instrument(s):
P6ge 1 of 2
16.C.3.d
Packet Pg. 1851 Attachment: Scanned Owner's Aff (17872 : Ava Maria Fire Station)
1. Mortgage (Or Assignment of Rents and
dated
The foregoing
presence or E
instrument was acknowledged before me by means
online notarization this day of
. Such person(s)
Notary Public must check applicable box:
D are personally known to me.
tr produced his/her current driver license.
! produced as identification.
(Notary Seal)
Notary Public
Printed Name of Notary:
Commission Number:
My Commission Expires:
Profits) to
,20 ,and
recorded at O.R. Book Page_, et seq., Public
Records of Collier County.
2. UCC-1 Financing Statement, recorded at O.R. BookPage_, Public Records of Collier County.
3. UCC-l recorded with Florida Secretary of State at Tallahassee (Leon
County), Florida at O.R. Book_, page_.
6 Owner, its successors, and assigns do, for good and valuable
consideration, the receipt and sufficiency of which arc hereby
acknowledged, hereby agree and guarantee to hold Ave Maria Utility
Company, its successors, and assigns harmless against any lien, claim or
suit by any general contractor, subcontractor, sub-subcontractor, supplier,
mechanic, materialman, or laborer, and againsl chaflel mortgages,
security interests, or repair of the System or portions thereof.
FURTHER AFFIANT SAYETH NAUGHT.
DATED this day of
@
ffi
STATE OF
CO∪NIY OF
20
Aπ EST
CRYSTAL K KINZEL,CLERK
BY:
of□ physical20_, by
Approvcd as to form and legality
Page 2 ol 2
Assistant County Attom[
16.C.3.d
Packet Pg. 1852 Attachment: Scanned Owner's Aff (17872 : Ava Maria Fire Station)
Exhibit "A"
Legal Description - 4-Acre Parcel
Tract "F-7", Ave Maria Unit Two, Park of Commerce, recorded in Plat Book 48, pages 22
through 28, Collier County, Florida.
And
The South 109.47 feet of Tract "F-6", Ave Maria Unit Two, Park of Commerce, recorded in plat
Book 48, pages 22 through 28, collier county, Florida, as measured parallel with the southerly
line of said Tract "F-6".
16.C.3.d
Packet Pg. 1853 Attachment: Scanned Owner's Aff (17872 : Ava Maria Fire Station)