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Naples Heritage, Phase 2-A-1MEMORANDUM DATE: January 6, 1998 TO: FROM: Maureen Kenyon, Supervisor, Clerk to Board Shirley Nix, Engineering Technician II~/ Project Plan Review RE: Naples Heritage, Phase 2-A-1 Water and Sewer Facilities Acceptance On October 7, 1997, Engineering Review granted preliminary acceptance of the water and sewer facilities within the above- referenced project. Attached, please find the following documents that have been recorded, in order: 1. Bill of Sale 2. utilities Facilities Warranty Deed Also, please find attached the following documents for your files. o 4. 5. 6. o 9. 10. Owner's Affidavit Attorney's Affidavit Preliminary approval letter(s) from Engineering Review Certification of pressure testing of water lines by Engineer of Record Bacteriological clearances (DER certification) for water facilities DER Placement-in-Service letter for sewer facilities Contractor's Final Release of Lien Lab results on bacteriological test for water lines Memorandum to Maureen Kenyon, January 6, 1998 Page Two Supervisor, Clerk to Board 11. Certification concerning contributions-in-aid of any construction 12. Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) 13. 14. Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements Contractual Guarantee for material and workmanship for a period of at least one year after the Board of County Commissioners' acceptance for both water and sewer facilities 15. Payment of water usage, laboratory and administrative charges for filling, flushing and bacteriologically certifying water lines from invoice prepared by the Utilities Division 16. Letter from fire district certification of field fire flow capacity testing 17. Certification of the inflow/infiltration test for the sewer lines by Engineer of Record 18. 19. Copy of video tape test report Letter from Compliance Services section certifying that the final inspection reveals that the Utility facilities have been constructed in accordance with County ordinances and regulations 20. One copy of the recorded plat 21. One set of record drawings, signed and sealed by the Engineer of Record If you have any questions, please call and advise accordingly. /sm attachments · ~e · · · · e--e · · · ¢ t- 0 Z 0 This instrument prepared by and should be returned to: Steven P. Kushner, P.A. 1375 Jackson St., Suite 202 Fort Myers, Florida 33901 941/337-0080 BILL OF SALE 2266569 OR: 2378 PG: 0971 RECORDED in OFHCIAL RECORDS of COLLIER COUNTY, FL 01/08/98 at 12:10PM DWIGHT B. BROCK, CLERK REC ~BE 10.50 Retn: ENGINEERING REVIEH SERVICES EHIRLRY NIX EX? 5586 THIS BILL OF SALE evidencing the sale and conveyance of the water and sewer utility facilities described herein is made this lq day of September, 1997 between the. NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, an independent special district established pursuant to Chapter 190, Florida Statutes, (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"). WITNESETH: That said 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 the said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyer's heirs, successors and assigns forever, all those certain water and sewer 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: Tract "R" of Naples Heritage Golf& Country Club, Phase Two-A, according to Plat Book 28, Pages 11 through 13 of the Public Records of Collier County, Florida. The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as 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 date and year first above written. Name Typed NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, an independent special district established pursuant 30,~hapter..190, Florida Statutes Peter R. Comeau, Chairman 1 *** OR: 2378 PG: 0972 *** STATE OF FLORIDA COUNTY OF LEE The foregoing Bill of Sale was acknowledged before me this 19 day of September, by Peter R. Comeau as Chairman of the Naples Heritage Community Development District, an independent special district established pursuant to Chapter 190, Florida Statues, on behalf of the independem special district. He is personally known to me or has produced N/A as identification and did ~ did not) take an oath. Notary Public Name: Janet L. Nipper My Comlmssion Expires: This instrument prepared by Steven P. Kushner, P.A. 1375 Jackson St., Suite 202 Fort Myers, Florida 33901 941/337-0080 2227756 OR: 2348 PG: 0811 E~COEDBD in O~ICIA~ ~COItD$ of COLLIER COU#TL ~L 0~/19/97 8t 01:17~ D~IGB? L B~OCL ~C H! 10,50 DOC-.?0 .?O Re~n: HO~B CORP lO&91 SIX 8ILS ~YSRS ~L UTILITY FACILITIES WARRANTY DEED THIS INDENTURE is made this iq day of September, 1997, between the NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, an independent special district established pursuant to Chapter 190, Florida Statutes, (hereinafter referred to as the "Grantor") and thb 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 the "Grantee"), whose post office address is 3301 East Tamiami Trail, Naples, Florida 34112. That said Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration to said Grantor, in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all water and sewer 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: Tract "R" of Naples Heritage Golf& Country Club, Phase Two-A, according to Plat Book 28, Pages 11 through 13, inclusive, of the Public Records of Collier County, Florida and said Grantor does hereby fully warrant the title to said utility facilities, and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities conveyed herein shall not be deemed to convey any of the lands described herein. Grantor and Grantee are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. Na~e Typed or Pri~d~, ' ~qal~le Typed or Printe"~ NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, an indepen~nt special district established pursu .~ap~5,~0, Florida Statutes By: Peter R. Comeau, Chairman OR: 2348 PG: 0812 *** STATE OF FLORIDA COUNTY OF LEE The foregoing Utility Facilities Warranty Deed was acknowledged before me this 19 day of September, by Peter R. Comeau as Chairman of the Naples Heritage Community Development District, an independent special district established pursuant to Chapter 190, Florida Statues, on behalf of the independent special district. He is personally known to me or has produced N/A as identification and did (did not) take an oath. Notary Public Name: Janet L. Nipper My Commission Expires: OWNER'S AFFIDAVIT STATE OF FLORJ~ A COUNTY OF Onthis lq dayof 5,c.-]03 ,19 q'~, before me personally appeared PETER R. COMEAU, as Clfiairman of the Naples Heritage Community Development District, an independent special district established pursuant to Chapter 190, Florida Statutes, owner of property, to me personally known (hereinafter "Affiant"), who, being duly sworn on his oath, did say that all of the 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 and sewer utility facilities on the real estate hereinafter described, have been paid in full and that such work has been fully completed and accepted by the owner. Affiant further says that 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. Affiant further says that the utility facilities described herein are not included in, encumbered by, or subject to any real property mortgage, chattel mortgages, security agreement, Uniform Commercial Code financing statement, or any other encumbrance. Affiant, 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 as Tract "R" of Naples Heritage Golf & Country Club, Phase Two-A, according to Plat Book 28, Pages 11 through 13 of the Public Records of Collier County, Florida. Further, Affiant sayeth naught. NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, an indepenj;tgn]t}~p~ial d_istrict established pursuaI~/~590, Florida Statutes. By: ~,J',',',',',',',',','d~.LY--4.-~~ ' Peter R. Comeau, Chairman 3_ STATE OF FLORIDA COUNTY OF The foregoing Owner's Affidavit was sworn to and subscribed to before me by Peter R. Comeau as Chairman of the Naples Heritage Community Development District, an independent special district established uJ~cJ:s,uant to Chapter 190, Florida Statutes, on behalf of the indepe, ndent special district. He is personally known to m~ [~ ] or has produced /~//? "~-~dentification and did [d_id not] taken an oath. Witness my hand and official seal this 19 day of 5¢~o ½e~, be,", 19q'?. (affix notary seal) Prepared by: Steven P. Kushner, P.A. 1375 Jackson St., Suite 202 Fort Myers, Florida 33901 Notary Public My Commission Expires: /~e~ ;z '?, ~, e,c c 2 Prepared by: Steven P. Kushner, P.A. 1375 Jackson St., Suite 202 Fort Myers, Florida 33901 ATTORNEY'S AFFIDAVIT ON THIS I~_ day of September, 1997, before me personally appeared STEVEN P. KUSHNER, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number are 1375 Jackson Street, Suite 202, Fort Myers, Florida 33901, Telephone 941-337-0080 (hereinafter "Affiant"),who, being duly sworn on his oath, does say: 1. This Affidavit is given as an inducement to Naples Heritage Community Development District 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 Collier County Water-Sewer District to accept the dedication or conveyance of water and sewer utility facilities located within or upon the real property described as Tract "R" of Naples Heritage Golf & Country Club, Phase Two-A, according to Plat Book 28, Pages 11 through 13 of the Public Records of Collier County, Florida, said land being located in Collier County, Florida. 2. The Affiant has examined record title information as 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. 3. The record owner of the real and personal property described above is Naples Heritage Community District, a special district created pursuant to Chapter 190, Florida Statutes, (hereinafter "Owner"), who acquired record title to the subject real property by instrument recorded at Official Records Book 2346, Pages 2739 and 2740, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, (copy attached). 4. Excepting any matters shown by the plat of Naples Heritage Golf & Country Club, Phase Two-A, recorded in Plat Book 28, Pages 11-13, Public Records of Collier County, Florida, and any terms, conditions, covenants, restrictions, reservations and other provisions contained in the Declaration of Covenants, Conditions and Restrictions for Naples Heritage Golf & Country Club, and contained in the Articles of Incorporation and Bylaws of Naples Heritage Golf & Country Club, Inc., all recorded in Official Records Book 2188, Pages 603~668, Public Records of Collier County, Florida, the subject real and personal property is free of all encumbrances of record and free of any financing statements filed in the Public Records of Collier County, Florida, or the office of the Secretary of State. 5. 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. STEVEN P. KUSHNER Fla. Bar No. 351210 STATE OF FLORIDA COUNTY OF LEE Sworn to and subscribed to before me this i~~ day of September, 1997, by Steven P. Kushner who is personal~lly known to me or has produced identification. (affix no '~t I~1! Or r (type of identification) as Notary Public My Commission Expires: Staven P. Kushner, Esq. Steven P. Kuslmer, P.A. 1375 Jackson Street, Suite 202 Fort Myers, FL 33901 This Instrument Prepared by: Staven P. Kushner, Esq. Staven P. Kushner, P.A. 1375 Jackson StreW, Suit202 Fort Myers, FL 33901 Naples Heritage Community Development District Tax Identification # 2225842 OR: 2346 PG: 2739 RlC0R010 in 0HIClA~. BBC0R0$ of C0LLIBR C0UII?F, ~L 09/15197 at 04:ISPK DVlGHT !. BROCl, CLIR~ RBC IB! 10.50 00¢-.?0 ,?0 C0FIBS 2.00 Retn: Made the /5 day of September, 1997, between CLYDE C. QUINBY, Individually and as Trustee, resident of the State of Florida, hereinafter called the Grantor, and the NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, an independent special district created pursuant to Chapter 190, Florida Statutes, whose mailing address is c/o Gary Moyer, District Manager, 10300 NW 1 lth Manor, Coral Springs, Broward County, Florida 33071, hereinafter called the Grantee, Witnesseth, that the said Grantor for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable considerations, to her in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, her heirs and assigns forever, the following described land, situate, lying and being the County of Collier, State of Florida, to wit: Tract "R" of Naples Heritage Golf & Country Club, Phase Two-A, ~__6 t ? according to Plat Book 28, Pages 11 through 13 of the Public Records of Collier County, Florida. Subject to all matters shown by the plat of Naples Heritage Golf & Country Club, Phase Two-A, recorded in Plat Book 28, Pages 11-13, Public Records of Collier County, Florida, and any terms, conditions, covenants, restrictions, reservations and other provisions contained in the Declaration of Covenants, Conditions and Restrictions for Naples Heritage Golf & Country Club, and contained in the Articles of Incorporation and Bylaws of Naples Heritage Golf& Country Club, *** OR: 2346 PG: 2740 *** Inc., all recorded in Official Records Book 2188, Pages 603-668, Public Records of Collier County, Florida Subject to 1997 real estate taxes. The subject property is not the Homestead of the Grantor, which Homestead is located at 162 Edgemere Way South, Naples, Florida 34116. And the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever claiming or to claim the same, by, through and under all persons whomsoever. In Witness Whereof, the said Grantor has heretmto set her hand and seal the day and year first above written. Signed, Sealed and Delivered in Our Presence: (print or type name~ . (print or type name) CLYDE C. QUINBY, Ind~ y and as Trustee ,' STATE OF FLOPdDA COUNTY OF COLLIER I hereby certify that on this /,~ day of September, 1997, before me, an officer duly authorized in the State and County aforesa d to take acknowledgments, the~foregoing insa-ument was acknowledged bv CLYDE C. QUINBY, Individually and as Trustee, who l(~rsonally known to~ [ ] or has produced ~ as identification and did [d~ii~t~ a~ffi.. Notary Public Name: Serial No. J .,?~??~:,. LINOA DAVIS My Comm ssion Expires: ::.:~g ~,,,~y~_t~a~2':.~'~° .. (SEAL) COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT SERVICES Dr%qSION 2800 NORTH HORSESHOE DRIVE NAPLES. FL 55942 (941) 645-8400 ENGINEERING REVIEW SECTION CERTIFIED BLUE CHIP CO M MUNqq'f Ocuober 6, 1997 ' Ms. Gina Green, P.E. McAnly Enginering and Design, Inc. ' 5101 Tamiami Trail East, Suite 202 Naples, FL. 34113 Re: Naples Heritage Phase Two-A Dear Ms. Green: This is to inform you that the above referenced projecu has been granted preliminary approval by Engineerin§ Review in compliance with Collier County Land Development Code, Section 3.2.6.5.2. All water and sewer facilities approved and accepted and requirDd 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 yours, John R. Houldsworth Senior Engineer cc: Subdivision File Shirley Nix COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Gina R. Green McAnly Engineering & Design, Inc. 5101 Tamiami Trail East, Suite 202 Naples, Florida 34113 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 ENGINEERING REVIEW SECTION October 7, 1997 Re: Naples Heritage, Phase 2-A-1 Dear Gina: This is to inform you that the above referenced project has been granted preliminary approval by Engineering Review in compliance with Collier County Land Development Code, Section 3. All water and/or sewer facilities approved, accepted and required to be maintained by Collier County shall be conveyed to the County pursuant to the provisions set forth in Collier County Ordinance No. 97-17, as amended. You are reminded that it is your responsibility to petition the Development Services Director for final approval of the improvements upon the expiration of the minimum one (1) year maintenance period. After satisfactory completion of all final inspections., the Board of County Commissioners shall grant final approval of the required improvements establishing County responsibility for maintenance of the required improvements if it is the Board's desire to accept and maintain the facilities. If you should have any questions or if we may be of assistance, please advise. Very.~trcly yours, ~., Shirley Nix~ Engineering Technician II Tim Clemons, Wastewater Director Ed Finn, Interim Water Director Cindy Erb, Public Works John Houldsworth, Engineering Review Building Review & Permitting Code Enforcement Housing & Urban hnprovement (941) 403-2400 (941) 403-2440 (941) 403-2330 Natural Resources Planning Services Pollution Control (941) 732-250~ (941) 403-2300 (941) 732-2502 McANLY ENGINEERING AND DESIGN INC. ENGINEERING PLANNING LAND SURVEYING LANDSCAPE ARCHITECTURE Project: HYDROSTATIC TESTING NAPLES HERITAGE GOLF & COUNTRY CLUB Project Number: 960116 Date of Test: Those Present: 9/9/97 Test Pressure: RANDY CASEY--COI .l ,IER COUNTY DONALD LOWERY--SOUTHWEST UTILITIES SYSTEMS 150 psi JEFF HEAD--MeANLY ENGINEERING & DESIGN, 1NC. Description of Line Tested: 1006 LF 10" W.M., (A SECTION OF PHASE TWO-A) CALCULATION OF ALLOWABLE LEAKAGE PER ONE HOUR: (Length of Pipe) x (Diameter of pipe) x SQR(Testpressure) / 133200 ( 1006 ft) x ( 10 in) x SQR( 154 psi) ( ft) x ( in) x SQR( psi) ( ft) x ( in) x SQR( psi) ( fi) x ( in) x SQR( psi) RESULTS OF TEST: Length of Test 2 HOURS Pressure at Beginning of test: Pressure at End of test: 154 154 Allowable Leakage / 133200 = 0.94 / 1332OO = / 1332OO = / 133200 = Total 0.94 1.87 Amount of water required to bring pressure up to begimfing pressure: Engineer: MeAnly Engineering aod Design, Inc. gal gal gal gal gal gal psi psi gal 5101 TAMIAMI TRAIL EAST, SUITE 202, NAPLES, FLORIDA 34113 (941) 775-0723 FAX (941) 775-9236 Department of FLORIDA ,i~ Environmental Protection Law[on Chiles Governor South District 2295 Victoria Avenue, Suite 364 For: Myers, Florida 33901-3881 Vir~ini~ B. Wetherell Secreary September 26, 1997 Peter R. Comeau, Vice President Land Division U.S. Home Corporation 10491 Six Mile Cypress Parkway, Ste. 101 Fort Myers, Florida 33912-640~t RE: Dear Mr, Comeau: ~f & Country Club, Phase Two Phase Two - A1 Completion Only (Collier County Regionat WTP) DS11-304016 This acknowledges receipt of certification that the subject water distribution system extension has been partially completed in accordance with the plans and related materials permitted by this agency under Permit Number DS11-304016 dated April 17, 1997. Based on this certification and satisfactory bacteriological results, we are eDl~roving these facilities for service. Your continued ¢ooDeration in our water supply program is aDpreciated. SinRerely, Professional Engineer GAM/OJOlisk cc: Gins R. Green, P.E. Michael R. Newman "Protect, Conserve end/Viat~age Florido's E~vironment end Natural Resources" Printed on recr(/ed paper. Law~on Chiles Governor Department of ~,r.,. _ RECEIVED Environmental Protection ' 0 2,997 South District ' ' ~ 2295 Victoria Avenue, Suite 364 ~, l~rginia B. Wetherell Fort Myers, Florida 33901-3881 Secretary October 1, 1997 Timothy L. Clemons, Wastewater Director Collier County Public Works Health & Community Services Bldg. 3301 Tamiami Trial E. Naples, FL 33962 Re: Collier County - DW/CS Naples Heritage Golf and Country Club, Phase II-A1 Connected to: Collier County Utilities-South Regional WWTP CSll-304021 Partial clearance for Use M.H. 35 & 36 Dear Mr. Clemons: We have received a partial certificate of completion of construction on September 29, 1997, as submitted by McAnly Engineering and Design, Inc. for the project authorized by the above permit number. Accordingly, the sewer collection/transmission system may be placed into service. Sincerely, Harley~W. Yo~gn~g, Ph ., P.E. Water Facilities Section Manager HWY/JK/dd cc: Gina R. Green, P.E. FINAL RELEASE AND WAIVER OF LIEN AND BOND RIGHTS STATE OF FLORIDA) COUNTY OF LEE ) V~-IEREAS, SOUTHWEST UTILITY SYSTEMS, INC. (hereinafter referred to as "SUBCONTRACTOR") has contracted with U.S. HOME CORPORATION, (hereinafter referred to as "OWNER") to furnish certain material and labor on that certain Project known as NAPLES HERITAGE GOLF & COUNTRY CLUB - PHASE 2A located in COLLIER COUNTY, FLORIDA. NOW, THEREFORE, the undersigned, for a good and valuable consideration of TEN Dollars, the receipt of which is hereby acknowledged as full and final payment for all Work required of, and performed by, the undersigned for the CONTRACTOR on that certain Project known as (hereinafter referred to as the "Project") located in including, without limitation, all Work performed under/in connection with p.o./Subcontract No. , dated , together with all additions, supplements and change orders to and modifications of said P.O./Subcontract, and all other Work, if any, performed by the undersigned on the Project, the undersigned hereby declares under penalty of perjury, that, with respect to all of such Work: A) All labor employed thereon or in connection therewith and all Payroll Taxes and charges such as Withholding Taxes, Social Security Taxes, Workers Compensation, Disability and Unemployment Taxes, and Insurance Premiums have been paid in full; B) All materials, tools, equipment, supplies and services furnished and used upon or in connection with said Work have been paid for in full, and all sales, use, excise and similar taxes on or in connection with the same have been fully paid. THE UNDERSIGNED hereby irrevocably releases and forever discharges the CONTRACTOR, the Owner, (as identified in said P.O./Subcontract) their respective Sureties, and their corresponding officers, directors, agents, employees, legal representatives, successors, assigns, affiliates and subsidiaries, if any, and all lands, improvements, chattels and other real and personal property connected with or a part of said Project from any and all claims, demands, liens, and claims of liens, whatsoever, relating in any nutrmer to the Project, including without limitation, such as may arise out of said p.o./Subcontract which it now has, or hereafter might or could have in the future regardless of whether the same presently exists, is inchoate, may arise in the future, or is known or unknown, from the beginning of the world to the end of time. In addition to any other obligations required under the Subcontract, THE UNDERSIGNED will, at its sole cost and expense, forever defend, indemnify and hold harmless the CONTRACTOR, the said Owner, and their respective Sureties, officers, directors, agents, employees, legal representatives, successors, assigns, affiliates and subsidiaries, from any and all claims and demands and will defend against and obtain a discharge of any and all liens, claims of liens, and notices to withhold payment made by others arising out of or in connection with said Work, including without limitation, those claims asserted by an employee, supplier, or subcontractor of the undersigned, (or by any employee or supplier of a subcontractor of the undersigned) or by any government agency or insurance carrier. THE UNDERSIGNED guarantees that it has properly performed all of the Work and delivered all of the materials required in connection with its P.O./Subcontract, including the materials used or incorporated therein and workmanship thereof. Neither the giving of this Release and Waiver of Lien and Bond by the undersigned, nor its acceptance by the CONTRACTOR shall operate in any way to reduce or modify such guaranty, or any other guaranties or warranties provided by the SUBCONTRACTOR. The undersigned further agrees that, if it hereafter performs any labor or furnishes any materials, tools, equipment, supplies or services pursuant to any guaranty or warranty, it will fully pay for the same, or pay any and all taxes and charges in connection therewith and will release, discharge, defend and hold harmless the CONTRACTOR, Owner, and their respective Sureties, officers, FORM 935: CONTRACTOR/SUBCONTRACTOR FINAL WAIVER directors, agents, employees, legal representatives, successors, assigns, affiliates and subsidiaries, and the said lands, improvements, chattels, and other real and personal property from any and all claims, denmnds, liens and claims of liens arising in connection therewith, all in a like manner and to the same extent as herein provided with respect to labor, materials, etcetera, heretofore furnished. THIS FINAL RELEASE and WAIVER OF LIEN AND BOND shall inure to the benefit of the CONTRACTOR, the Owner, and their respective Sureties, officers, directors, agents, employees, legal representatives, successors, assigns, affiliates and subsidiaries, and shall be binding upon the undersigned and its agents, heirs, representatives, employees, executors, officers, directors, successors, assigns, insurers, sureties, indemnitors and guarantors. SUBCONTRACTOR HEREBY ACKNOWLEDGES AND EXPRESSLY AGREES THAT THE EXECUTOR OF THIS DOCUMENT IS EXPRESSLY AUTHORIZED TO SIGN AS THE AGENT AND/OR REPRESENTATIVE OF SUBCONTRACTOR. IN WiTNESS WHEREOF, I have set my hand and seal this 10TH day of SEPTEMBER , 1997. SOUTHWEST UTILITY SYSTEMS, INC. By: CLAUDIA COWART Witness Its: PRESIDENT Witness STATE OF FLORIDA COUNTY OF LEE ) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the jurisdiction aforesaid to take acknowledgements, personally appeared CLAUDIA COWART, known to me to be the person described in and who executed the foregoing instrument and acknowledged before me that she executed the same. WITNESS my hand and seal this and State first above written. Personally known X__ or Produced identification Type of identification: 10TH day of SEPTEMBER, 1997, in the County Signature of Notary Public, (SEAL) State of Florida, at Large Name: Commission No.: My commission expires: FOR LAB USE ONLY State of Florida Depertraent of Health office of Laboratory Services Jacksonville, Miami, p,er,~acoLa T~, West Palm Seach DRINKING WATER BACTERIOLOGICAL ANALYSIS Press hard, (5)copies SYSTEM I.D. NO: SYSTEM PHONE #: SYSTEM NAHE: COUNTY: DISTRICT: ADDRESS: COLLECTOR PHONE #: COLLECTOR: SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTEO: TYPE OF SUPPLY(Circle one): Coflm~il~y water systea~ Noncommunity water system Nontransient - noncofl~flunity water system Private well Swimming pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Repeat Replacement Main clearance Well survey Other [ ] Check here if pay~nt nmde to county public health unit Cofl~oLiance (check Box) [ ] Distribution [ ] Raw COLL. NO. TO BE NON SAMPLE POINT (Specific Address) COLIFORM * Results in p - Coliforms are present C - Confluent growth A - Co[iforms are absent TNTC - Too numerous to count INVOICE ADDRESS (if different than address be[ow): TO BE COMPLETED BY LAB TOTAL MTF MMO-M__U~G PA CONFIRM FECAL E. COLi SAMPLE NUMBER this column are presumptive. Total coliform and fecal coliform or E. coLi confirmation will follow in 24-48 hours. TA - Turbid, Absence of gas or acid INTERPRETATIONS-REMARKS BY. PROGRAH REVIEWER NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOHPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES FOR LAB USE ONLY State of FLorida Department of HeaLth Office of Laboratory Services Jacksonville, Miami, pensacola Tampa, West PaLm Beach DRINKING WATER BACTERIOLOGICAL ANALYSIS Press ha~d, (5) copies SYSTEM I.D. NO: SYSTEM PHONE #: SYSTEM NAME: COUNTY: DISTRICT: ADDRESS: COLLECTOR PHONE #: - COLLECTOR: SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: ' TYPE OF SUPPLY(Circle one): Community water system Noncoff~nunity water system Nontransient - noncom~nity water system ~ Bottled water Limited Use system FMain clearance> Well survey Other TYPE OF SAMPLE(Circle one): [ ) Check here if pay~nt n~de to county public health unit PrivaTe welt Swin~nYng pool Compliance Repeat Replacement (Check Box) [ ] Distribution [ ] Raw COLL. NO. TO BE SAMPLE POINT (Specific Address) his coLu~aq are pres~nptive. T E COMPLETED BY LAB ANALYSIS METHO0: MF ' MTF MMO-M~U~ PA NON ~ONFIRM CONFIRM COLIFORM TOTAL FECAL E. COLI Results in p - Coliforms are present C - Confluent growth A - Co[iforms are absent TNTC ~ Too numerous to count INVOICE ADDRESS (if different than address below): SAMPLE NUMBER in ~-48 hours. Total coliform and fecal coliform or E~ coLi. confirmation will follow TA - Turbid, Absence of gas or acid iNTERPRETATIONS-REMARICS BY, PROGRAM REVIEW/ER NAME AND HAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: SATISFACTORY INCOMPLETE COLLECTION INFORMATION REPEAT SAMPLES REPLACEMENT SAMPLES TO WHOM IT MAY CONCERN: I hereby certify that the NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, an independent special district established pursuant to Chapter 190, Florida Statutes, has not received any monetary contributions in aid in the construction of the water and sewer facilities located on the property described as follows: Tract "R" of Naples Heritage Golf & Country Club, Phase Two-A, according to Plat Book 28, Pages 11 through 13 of the Public Records of Collier County, Florida. NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, an independent special district established pursua6t~hapter 190, Florida Statutes By: Peter R. Comeau, Chairman STATE OF FLORIDA COUNTY OF LEE The foregoing Certification was acknowledged before me this ! ~ day of September, 1997, by Peter R. Comeau as Chairman of the Naples Heritage Community Development District, an independent special district established pursuant to Chapter 190, Florida Statutes, on behalf of the independent special district. He is personally known to me or has produced N/A as identification and did (did not) take an oath. ry Public Name 2t-"~/J,5 Serial #: Ccd. My Commission Expires: -.-- CONTRACTOR'S CERTIFIED LIST INSTALLED MATERIALS AND CO~ SYSTEM NAME:NAPLES HERITAGE GOLF & COUNTRY CLUB -- PH. 2A THIS ISA: (PER REGULATORY AGENCY PERMIT NAME) WATER SYSTEM ~ DATE: 09/10/97 SEWER SYSTEM MATERIAL LIST INFORMATION Please list each and/or all materials seperataley by item or material description, sizes, etc.. Then show quantity installed, unit cost installed, and total cost installed. Please specify lump total costs for service, fire meter vaults, pumping stations, etc. with quantity. However, with full description, and sizes, etc. 10" PVC, DR-18 LF 1010 $10.25 $10,352.50 10" GATE VALVE & BOX EA I $825.00 $825.00 FIRE HYDRANT ASEMBLY EA 2 $2,150.00 $4,300.00 ARV EA 1 $1,550.00 $1,550.00 (~f this space is not large enough, then continue with added exhibits or sheets, however, with proper page numbers shown at bottom of sheet, with system name complete on each page), I do hereby certify the above described list of materials, quantities of materials, kinds of materials, including installation and all costs as installed, to be complete, true and accurate as per the final pay estimate and/or all invoices or statement of (by or from) this certifying contractor and as per the project and/or design Engineer's Certified Record Drawings of this system (Water and/or Sewer) as described by Name shown as of this date. S_eptember 10, 1997 OF: Southwest Utility Systems, Inc. (Affix Corporate Seal Here) STATE OF FLORIDA COUNTY OF: LEE Before me personally appeared Claudia Cowart , to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that Claudia Cowart executed said instrument for the purposes therein expressed, WITNESS my hand and official seal, this ~MBERLY A. E~t~ER MY COMMISSION # GC487~3 EXPIREF September 14, 1~8 10th day of September ~tary Public, St~,le of Florid~'Z $igneture ,A.D., 1997 Kimbedy A. Egger Notary Public - Type/Print/Stamp Name Personally Kno~ X or Type of Identification Produced: CC407063 Commission Number September 14, 1998 Commission Expiration Date CONTRACTOR'S CERTIFIED LIS'r-~F INSTALLED MATERIALS AND C(- ,S SYSTEM NAME~APLES HERITAGE GOLF & COUNTRY CLUB - PIL 2A (PER REGULATORY AGENCY PERMIT NAME) THIS IS A: WATER SYSTEM DATE: 09/10/97 SEWER SYSTEM ~ MATERIAL LIST INFORMATION Please list each and/or all materials seperataley by item or material description, sizes, etc. Then show quantity installed, unit cost installed, and total cost installed. Please specify lump total costs for service, fire meter vaults, pumping stations, etc. with quantify. However, with full description, and sizes, etc. MANHOLE, 0' - 6' CUT EA 2 $1,750.00 $3,500.00 CLEANOUT ASSEMBLY W/3M MARKER EA 18 $80.00 $1,440.00 6" PVC LATERAL LF 540 $13.00 $7,020.00 8" PVC, 0' - 6' CUT LF 663 $14.00 $9,282.00 $21124200 (If this space is not large enough, then continue with added exhibits or sheets, however, with proper page numbers shown at bottom of sheet, with system name complete on each page). I do hereby certify the above described list of materials, quantities of materials, kinds of materials, including installation and all costs as installed, to be complete, true and accurate as per the final pay estimate and/or all invoices or statement of (by or from) this certifying contractor and as per the project and/or design Engineer's Certified Record Drawings of this system (Water and/or Sewer) as described by Name shown as of this date. C ER TI FYI N ~-~ .~. ~ .[ ~_~[ ~'~.O Cb~ September 10, 1997 Claudia Cowa"l'~Sresident - OF: Southwest Utility Systems, Inc. STATE OF FLORIDA COUNTY OF: LEE (Affix Corporate Seal Here) Before me personally appeared Claudia Cowart , to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that Claudia Cowart executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this KIMBERLY A. EGGER MY COMMISSION ~ CC407063 EXPIRES September 14, 1998 10th day of September Notary Public, Stat~ of Florida - Signature ,A.D., 1997 Kimberly A. Egger Notary Public - Type/Print/Stamp Name Personally Know X or Type of Identification Produced: CC407063 Commission Number September 14, 1998 Commission Expiration Date McANLY ENGINEERING AND DESIGN INC. ENGINEERING PLANNING LAND SURVEYING LANDSCAPE ARCHITECTURE September 15, 1997 Mr. Thomas E. Kuck Project Plan Review Manager 2800 North Horseshoe Drive Naples, FL 33942 RE: Naples Heritage Golf and Country Club, Phase Two-A1 Dear Mr. Kuck: The purpose of this letter is to certify that all sewer and water facilities for the above referenced project are located within the Private Right-of-Way or utility easements which are dedicated Collier County Utility Easements. All improvements are constructed in accordance with the approved construction plans and specifications. Sincerely, Gina R. Green, P.E. Project Engineer Encl. 5101 TAMIAMI TRAIL EAST, SUITE 202, NAPLES, FLORIDA 34113 (941) 775-0723 FAX (941) 775-9236 ))SOUTHWEST UTILITY SYSTEMS. INC . 16341 Old U.S. 41 South · Fort Myers, Florida 33912 Telephone (941) 267-0200 · FAX (941) 267-7478 WARRANTY The undersigned parties do hereby warrant and/or guaranty all work executed by the contractor on the water and/or sewer systems of NAPLES HERITAGE GOLF & COUNTRY CLUB - PHASE 2A NAME OF DEVELOPMENT to be free from defects in material and workmanship for a period of one year from the date of acceptance by the Board of Lee County Commissioners. The undersigned parties further agree that they will, at their own expense, repair and replace all such defective work and all other work damaged by said defective work under this Warranty-Guaranty. It is furthermore understood that the consideration for the giving of this warranty and/or guaranty is the requirement by the general conditions and specifications under which the contract was let that such warranty and/or guaranty would be given. Sworn and Subscribed before me this 10TH day of SEPTEMBER Notary Public , 1997 KIMBERLY A. E(~ER MY COMI~ISSlON I CC4870~ September 14, SOUTHWEST UTILITY SYSTEMS, INC. OWNER OR CONTRACTOR BY I ~ ~ (Signature) President (Title) ~o~fficial Receipt - Collier County Board of County Commissioners ~ CDPR1103 - Official Receipt N um~-e'r-" ~,'Dat~ Post Date _~-- i ~i ~/9/97 1:29:44 PM 10/9/97 Payment Slip _~N_b_r_ _ UT 24770 SOUTHWEST UTILITY SYSTEMS INC. Payor: SOUTHWEST UTILITY Fee Information Fee Code i Description i GL Account i Amount L Waived ~Y~N I'~Ol~ i'NVOICE~' ' 408000000i '1~1000(~0~ --'~ $243.601 ........... Tot~al- '- i $243.60 i tC~(~ '"Acc0untJ~t~ck Number Payments Memo: INVOICE # 27546 FULL BORE FLUSH FOR NAPLES HERITAGE PHASE 2-A Amount, _ [ $243.60 i Total Cash $0.09 Total Non-Cash, $243.60 Total Paid $243.60 Cashier/location: GARRE'DT_S / 1 User: LONG_C Collier County Board of County Commissioners Printed:10/9197 1:30:10 PM CD-Plus for Windows 95/NT 10-02-1997 10:4?AM FROM MEANLY ENGINEERING & DESI TO COLLIER CO PRR P.02 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT ,1741 GOLDEN GATE ~RKWAY · NAPLES, FLORIDA 34116-6901 (g41) 465-2121 FAX (941) 455-7917 October 1, 1997 MeAnly Engineering and Design Inc, Atm..: 3ira Carr~ P.E. Suite 202 Phase Two Hyd~3mt 09502610. 7767:Naples Heritage Drive 81~ ~SI Static ' ' 74 PSI Residual 58 l~SI Flow (1278,O p,Mi) 2998 G.P.M. av~ably ~ 20 PSI Hydrant 09502611 - West of 7767 Naples Heritage Drive 90 PSI Static 78 pSI R~sidual 60 PSI Flow (1300 3367 G.P.M. Availably at 20 PSI need to painted OS~HA safety yellow with the caps '":-':'' ac~apt ownership or mail/~ ~espoas~'biltties, of gao Total due the fire dislridt for the 'flow test is $45.00 dollars. ~ir~ Inspector 10-02-1997 10:49AM FROM McANLY ENGINEERING & DESI TO COLLIER CO PPR P.03 FIRE FLOW TEST ~ATE: 10/01/97 TIMEm 13m30 HYDRANT NUMBER: 09502610 OP_~TION: 7767 NAPLES HERITAS~ DR ~TATIC PRESSURe: 88 RESIDUAL PRESSURE: 74 LOW FROM ONE(l) 2 1/2 DISCHARSE(P.S.I.): 58 =: 1278 8.P.M. MAIN SIZE': STATIC P.5,I.I 88 DIFFERENCE TO DESIRED 20 =: 68 P.S.I. =: 9.76 COEFFICIENT DIFFERENCE TO ACTUAL STATIC P.S.I.~ 88 TIRE FLOW = TOTAL FLOW X F~IRE ~LON =l 1278 8.P.M' F~RE FLOW =~ 2998.384 RESIDUAL P.S.I.: 74 =: 14 P.S.I. =: 4.16 DIFFERENCE TO DESIRED COEFFICIENT TO ACTUAL CE~F,: : 4.16 G.P.M. AVAILABLE AT 20 P.S.I. COEFF I C I ENT MAINTENANCE INFORMATION ~ATE HYDRANT INSTALLED: 1997 STR: 095026 MANUFACTURER OWNED BY: COLLIER COUNTY MARKER NEEDED (Y or N)~ Y MARKING COMPLETED (Y,N, or N/A): PAINT NEEDED (Y or N): N PAINTING COMPLETED (Y,N, or N/A): G~NERAL COMMENTS: TEST/INFORMATION COMPLETED BY: BRADFORD HYDRANT HISTORY INFORMATION DATE 10/01/97 PRESSURE~ STATIC FLOW RESIDUAL 58 74 FIRE FLOW AT 20 PSI 2998 CHECK BY BRADFORD 10-02-1997 10:49AM FROM MEANLY ENGINEERING & DESI TO COLLIER CO PPR P.04 FIRE FLOW TEST pATE: 10/01/97 TIME: 13:30 HYDRANT NUMBER: 09502611 ~_OOATION: I~IEST ~ 7767 N. H, DR ~,TATI(~ PRESSURE~ 90 RESIDUAL PRESSURE: 78 ~LoW FROM ONE(l) 2 1/2 DISCHARGE(P.S.I.): 60 =: 1300 G.P.M. DIFFERENCE TO DESIRED STATIC P.S.I.: 90 20 =: 70 P.S.I. =: 9.92 COEFFICIENT MAIN SIZEI DIFFERENCE TO ACTUAL STATIC P.S.I.: 90 - R;~SIDUAL P.S.I.: 78 =: 12 P.S.I. =: 3.83 DIFFERENCE TO DESIRED COEFFICIENT "IRE FLOW = TOTAL FLOW X ................................. ~RE FL~ =: 1~ ~.P,M. X ....... F~RE FLOW =: 3367.101 G.P.M. AVAILABLE AT 20 P.S.I. COEFF I C I ENT MAINTENANCE INFORMATION HYDRANT IH~TALLED: 1997 ~NUFACTURER: STR: 09~026 OWNED BY: COLLIER COUNTY RKER NEEDED (Y or N): Y ~INT NEEDED (Y or N): N MARKING COMPLETED (Y,N, or N/A): PAINTING COMPLETED (Y,N, or N/A): IENER~L COMMENTS: EST/INFORMATION COMPLETF~D BY: BRADFORD HYDRANT HISTORY INFORMATION PRESSURE FIRE FLOW DATE ~TATIC FLOW RESIDUAL AT 20 PSI 10/01/97 90 60 78 3~67 CHECK BY BRADFORD TOTAL P. 04 McANLY ENGINEERING AND DESIGN INC. ENGINEERING pLANNING LAND SURVEYING LANDSCAPE ARCHITECTURE Project: INFILTRATION TESTING Naples Heritage Golf and Country Club, Phase Two-A1 Project Number: Date of Test: 960116.TN 9/9/97 Tho~Present: Randy Casey- Collier County Donald Lowery - Southwest Utilities Systems Jeff Head - McAnly Engineering and Design, Inc. Description of Line Tested: Gravity sewer line from sra. 112+73.46 to Sra. 119+71.30, containing manholes MH~34 through NH~36. CALCULATION OF ALLOWABLE INFILTRATION: (Length of pipe) / (in feet) ( ) / __ units (occupied) X 5280' X (diameter of pipe) X 50 gal/day = (in inches) 5280' X ( ) X 50 gal/day = gal/day = Total Gallons ~F TEST: Length of Test , Allowable Infiltration Calculation of Actual Infiltration: Test was waivered per conversation between Randy Casey of Collier County and Gina Green of McAnly Engineering and Design, Inc. Test meets project specifications: × YES No Engineer: / Gina R. Green/P.E.- / Da~e McAnly Engineering and Design, Inc. 5101 TAMIAMI TRAIL EAST, SUITE 202, NAPLES, FLORIDA 34113 (941) 775-0723 FAX (941) 775-9236 COLLIER COUNTY UTILITIES WASTEWATER DEPAR ~MENT PROJECT VIDEO R~VIEW DATE OF R~JiEW: 09/25/97 PROJECT NAM]E: Naples Heritage, Ail of Phase 2-A and Stone/brook Condo. ENGINEER OF RECORD: N/A CONSTRUCTION CONTRACTOR: Southwest Utilities vIDEC CONTRACTOR: Sewer Viewer, Inc. COMMEIf?S: Lines and services are in good condition. RECCMMEN-DAT!C'NS: ~ REVIEW N-L~BERED COMMENTS iN CNE YEAR: [}F~BEREE COMMENTS ~ACCEPTABLE:{REPAiR. REP'LACE~: iTHER REVIEWED BY: .~ Suap~en L. Nag~~ DOC- 14 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT SERVICES DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES, FL 53942 ~941) 645-8400 \ c EWI'iFI ED BLUE CIIIP COMMUNITY PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION September 22, 1997 Ms. Gina Green McAnly Engineering & Design 5101 Tamiami Trial, East, Suite 202 Naples, Florida 34113 RE: Heritage Country Club Phase 2-Al (One), Water & Sewer Dear Ms. Green: A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering Review Section of the Planning Services Department on September 22, 1997. Conditions were found to be acceptable, and appear to meet County standards. If you should have any questions, please do not hesitate to call Randy Casey at (941) 403-2418 or Clyde Fugate at (941) 403-2417. Sincerely, Engineering Inspections Supervisor CF/RC/pd/f:C~ey/Water Sewer Preliminary Approval (Heritage CC Ph 2-Al) 9-22-97 CC: Cindy Erb, Engineering Technician, Public Works Timothy L. Clemons, Wastewater Director, Utilities Mike Newman, Water Director, Utilities Evelyn Ferguson, D.O.R. Billing Supervisor Randy Casey,Engineering Inspector, Engineering Review Section Shirley Nix, Engineering Tech. II,Engineering Review Section File