Heritage Links-Naples HeritageMEMORANDUM
DATE: September 4, 1997
TO:
Maureen Kenyon, Supervisor, Clerk to Board
FROM:
Shirley Nix, Engineering Technician II~
Project Plan Review
RE: Heritage Links at Naples Heritage
Sewer Facilities Acceptance
Recording Fee Number 113-138312-649030
Preliminary approval was given on August 1, 1997, for acceptance
of the sewer facilities within the above-referenced project.
Attached, please find the following documents that need to be
recorded, in order:
1. Recorded Bill of Sale
2. Recorded Utilities Facilities Warranty Deed
Also, please find attached the following documents for your files.
3. Owner's Affidavit
4. Attorney's Affidavit
5. Copy of cashier's check & receipt for maintenance bond
Copy of preliminary approval letter from Engineering
Review for utilities
7. DER Placement-in-Service letter for sewer facilities
8. Contractor's Final Release of Lien
Certification concerning contributions-in-aid of any
construction
10.
Verification of final cost (Detailed: quantities, sizes,
unit cost, total cost, etc.)
11.
Letter by Engineer certifying that all water and/or
sewer facilities are located within the public
right-of-way or dedicated easements
Memorandum to Maureen Kenyon, Supervisor, Clerk to Board
September 4, 1997
Page Two
12.
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
13.
Certification of the inflow/infiltration test for the
sewer lines by Engineer of Record
14. Copy of video tape test report
15.
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
16.
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
doc:2094
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
2225202 OR: 2346 PG: 1144
RECORDED in O~HCIAL RECORDS of COLLIER COUMTY, ~L
09/12/97 at 12:157M DWIGHT E, BROCK, CLERK
REC ~EE 10.50
Retn:
SHIRLEY NIX
ENGINEERING REVIEW SERVICES
BXT 5586
THIS BILL OF SALE evidencing the sale and conveyance of the sewer utility facilities
described herein is made this ~' day of July, 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 ofTen 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 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 "E3" of Naples Heritage Golf & Country Club, Phase One, according to Plat Book 26,
Pages 73 through 80 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
Name Typed
NAPLES HERITAGE COMMUNITY
DEVELOPMENT DISTRICT,
an indepen/d~pe_~.cial~istrict established
p~isu~~.~~,~ Fi orida, t,/~.W_.r~j ~tatutes
Peter R. Comeau, Chairman
OR: 2346 PG: 1145
STATE OF FLORIDA
COUNTY OF LEE
The foregoing Bill of Sale was acknowledged before me this ~ day of July, 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.
My Commission Expires:
August 20, 1999
Name Steven P. Kushner
Serial #: CC 490167
--~~~ty AttorneT~
This instrument prepared by
Steven P. Kushner, P.A.
1375 Jackson St., Suite 202
Fort Myers, Florida 33901
941/337-0080
2225203 OR: 2346 PG: 1146
RECORDED in O~HCIAL RECORDS of COLLIER COUNTY, ~n
09/12/97 at 12:157M DWIGHT E, BROCK, CLERK
R~C ~IE
Retn:
SHIRLBY NIX
BMGINBHRING RHVIHW SBRVICB$
HZT 5586
DOC-.70
10.50
.70
UTILITY FACILITIES
WARRANTY DEED
THIS INDENTURE is made this 7~ft day of July, 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 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 the "Grantee"), whose post office address is 3301 East Tamiami Trail,
Naples, Florida 34112.
That said Grantor, for and in consideration of the sum ofTen 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 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 "E3" of Naples Heritage Golf & Country Club, Phase One, according to
Plat Book 26, Pages 73 through 80 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.
Name Typed or Printed
Name Typed or Printed
NAPLES HERITAGE COMMUNITY
DEVELOPMENT DISTRICT,
an independ~t special district established
pursu~~~~t~~,~~_ Florida Statutes
By: l/.aA,<~-v-~- ~ Peter R. Comeau, Chairman
*** OR: 2346 PG: 1147 ***
STATE OF FLORIDA
COUNTY OF LEE
The foregoing Utility Facilities Warranty Deed was acknowledged before me 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..
Witness my hand and official seal this'~ day of July, 1997.
(affix notary seal) ~~~
~uLal~ r uull~
Name Steven P. Kushner
Serial #: CC 490167
My Commission Expires:
August 20, 1999
OFFICIAL NOTARY SEAL
STEVEN P KUSHNER
~ co~,.~,o..~.~R
~ CC4g0167
Approv,ed as to forA & l~ega] sufficiency
Assi-~tant County Attorney
2
OWNER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF LEE
On this ~t day of July, 1997, before me personally appeared PETER R.
COMEAU, as Chairman of the Naples Heritage Community Development District, an
independent special district established pursuant to Chapter 190, Florida Statutes, the
owner (hereinafter "Owner") of the property described below, 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, l~abor or materials according to plans and specifications, or extra items,
used in the construction or repair of 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 pr 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 "E3" of Naples Heritage Golf & Country Club, Phase One according to Plat Book
26, Pages 73 through 80 of the Public Records of Collier County, Florida.
Further, Affiant sayeth naught.
NAPLES HERITAGE COMMUNITY
DEVELOPMENT DISTRICT, an
independent~pecial district established
pursu~~ Florida Statutes.
By: ~/-~_~,~/ ~
Peter R. Comeau, Chairman
STATE OF FLORIDA
COUNTY OF LEE
The foregoing Owner's Affidavit was acknowledged before me 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] taken an oath.
(affix notary seal)
Witness my hand and official seal this 2~ day of July, 1997.
Notary Public
Name Steven P. Kushner
Serial #: CC 490167
My Commission Expires:
August 20, 1999
(affix notary seal)
g2[>rgv d as to for~a & }eg~ll sufficiency
Prepared by:
Steven P. Kushner, P.A.
1375 Jackson St., Suite 202
Fort Myers, Florida 33901
ATTORNEY'S AFFIDAVIT
ON THIS Z~[. day of July, 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 sewer
utility facilities located within or upon the real property described as Tract "E3" of
Naples Heritage Golf & Country Club, Phase One, according to Plat Book 26, Pages 73
through 80 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
instruments recorded at Official Records Books 2262, Page 0114, and Official Records
Book 2.~ ~> , Page 7bO-;7~91 , copies of which are attached hereto as Exhibit "A" and
incorporated herein by reference, (copies attached).
4. Excepting any matters shown by the plat of Naples Heritage Golf & Country
Club, Phase One, recorded in Plat Book 26, Pages 73-80, 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.
Fla. Bar No. 351210
STATE OF FLORIDA
COUNTY OF LEE
Sworn to and subscribed to before me this ~3fl~l day of "~[L~
who ispeysonally_kno~wn, to me or has produced ~lkl] ~
identification.
(affix notary seal)
Prepared by:
Steven P. Kushner, P.A.
1375 Jackson St., Suite 202
Fort Myers, Florida 33901
, 1997, by Steven P. Kushner
(type of identification) as
Notary Public
My Commission Expires:
CAROL A LANDE$
My Comm;~:m CC508061
Appro ed as to legal
'- Assistant County Attorney
~ t375 JRc~o~ Street, ;uite 202
~aee&,e ~,~k~ arno ~$ ~ ._. ~.~.~
SS~s~* AIY~C ?*u~ Li'~ r,~ ~.Y'~3~,s;~ OAT&
M~¢ t~e ~,~LT.h doy of December . ri. O. 19 ~)6 .
~aplee ~eC~tage CO~u~ity Oevelo~ent O~stricc, a G~eclal
~ W/l~el~. It;t# ~'e y~Jd g~tO~X/fO/~d ~ ~K~/d~l,;O~ of/Itc ~tn Of ..... -
........ T~n and no/l~O (~10.00) D~ll~ru ...............
good and ~luablc considerations, to h~ in hand ~id by
and ~ng in the Ctw. ly of Co~cg , ~lOle of )']orida, SO ~ql.
Sec 1,egaZ 1~eecr~pclo~ aCCachcd hec~:o aa Exh£~c '*A"
E~ge~eza ~ay South, ~ap~es,
~ubsequent fo Z99~.
herein.
.~ond~lJwer,dinOurP~,~:
! M££ff2~)' C£RI'Ik'Y thai On th~ .// "~;
· . day ~ Dece~bac 1~6 . ~0~ me. an
wmocknowleds~b). Clyde C. ~a~y. ~dtwldually and aa t~st~,
who ~s ~monUlCe ~no.'n to me or ho ~ produced
EXHIBIT "A"
.... I I II ........... _ ......
NAPLF~ ~RITAGE COMMI.rt~fY DE~rELOP~ DISTI~CT
Tmcti 'It'; 'A4", 'B4", 'F.~' & Ct t~oug~ ~0, i~ve. of Na¢~ H~age Golf ~
CIuk ~ On~ a~rding Io Plat ~k ~6, p~ 73 l~ough 80. of thc pubJic r~r~ of
Co~ Count,.
5[01 Ta.,rukt~ Tra/{ Fast. Suk¢ 202
Naples, FL 34 i 13
:kin TOTI;.IL F'RGE.OL3;
This instrument prepared by:
Steven P. Kushner, Esq.
1375 Jackson Street, Suite 202
Fort Myers, FL 33901
2208106 OR: 2333 PG: 0780
RECOilED in OFFICIAL RECORDS of COLLIER COUNTY, FL
07/23/97 at IO:541a DNISHT I. BROCK, CLKRK
NEC FB! 10.50
DOC-.70
8.00
Kern:
STBVBN F KUSHNEN
1375 JACKSON ST #202
FORT MENS FL 33901
THIS QUIT-CLAIM DEED, Executed this Zg~day of July, 1997, by U.S. HOME
CORPORATION, a Delaware corporation, 10491 Six Mile Cypress Parkway, Suite 101, Fort
Myers, Florida 33912, hereinafter called the Grantor, and NAPLES HERITAGE
COMMUNITY DEVELOPMENT DISTRICT, a special district created pursuant to Chapter
190, Florida Statutes, whose post office 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 of Ten and
no/100ths ($10.00) Dollars in hand paid by the said Grantee, the receipt whereof is hereby
acknowledged, does hereby remise, release and quit-claim unto the said Grantee forever, all the
right, title, interest, claim and demand which the said Grantor has in and to the following described
land, situate, lying and being in the County of Collier, State of Florida, to-wit:
Tract "E3" of Naples Heritage Golf& Country Club, Phase One, according to Plat Book
26, Pages 73 through 80 of the Public Records of Collier County, Florida.
Subject to restrictions and easements common to the subdivision, if any, and taxes
subsequent to 1997.
The property herein conveyed DOES NOT constitute the HOMESTEAD property of the
Grantor.
THIS INSTRUMENT IS PREPARED WITHOUT EXAMINATION OR OPINION OF
TITLE
PARCEL IDENTIFICATION# 61850005281
TO HAVE AND TO HOLD the same together will all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and
behalf of the said Grantee forever.
OR: 2333 PG: 0781
IN WITNESS WHEREOF, Grantor hereunto sets its hand and seal the day and year first
above written.
Witnesses:
Print or type name
U.S. HO~?~O~TION,
a Delaw/r~/c~'p/a~
Print or type name
STATE OF FLORIDA
COUNTY OF LEE
The foregoing ins_ ,t~. em was acknowledged before me this 2g~ day of July, 1997, by
?~'/~. ~~./O,~2)*~t.~',,~-L,~,/__.t:~n~, /.~£A/arJct ~'~o i,~p'-6rSonally ~o---'~to
me or ~/ has p~c}duced M/~t {.type
of identification) as identification and who [did] [did not] take an oath.
Notary Public
Serial No.
My Commission Expires: (SEAL)
COMMISSION NUMBER
CC490167
MY COMMISSION EXP.
AUG, ~0.1R9~ .......
the order of $
BOARD OF COUNTY COHMISSIONERS COLLIER
~ ~~~OUSAND SEVEN HUNDRED TI4ENTY ONE AND
I ~ FIRST UNION NA~ONAL BANK OF FLORIDA
':: D~n:~F~ ~te~ ~:~ ~er. N.~ Oem~ CO~
Dollars
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Trans Number ~Date -i''P°~Date ....... 1 Payment Slip Nbr
US HOME
HERITAGE LINKS AT NAPLES HERITAGE
Payor · FT MYERS FIN. CENTER
Fee Code
12BOND
Fee Information
IDescription ]-GL ~c~unt .......... ~ ....... ~-u-~,t~-a iv e d
DEPOSITS-COMM DEV (CASH BONDI'~00-~002~5~-i-3~-0-6(~0-- .... __j_ -' $2721.804- j
Payments
t-15~'~ment ~d~ ~c~)-un-~,'c~ ~c~ N ~-~
~;~ i 001076572
Amount
$2721.8O
Memo:
Total Cash $0.00
Total Non-Cash I $2721.80
Total Paid , $2721.80~
Cashier/location: FROLOFF E / 1
User: NIX S
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:8/4/97 9:51:20 AM
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT SERVICES DIVISION
ENGINEERING REVIEW SECTION
August 29, 1997
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 55942
(941) 645-8400
A CERTIFIED BLUE CHIP COMMUNITY
Gina Green
McAnly Engineering & Design, Inc.
5101 Tamiami Trail E. #202
Naples, FL 33413
Re: Heritage Links at Naples Heritage
Dear Gina:
This is to inform you that the above referenced project has been granted preliminary
approval by Engineering Review, on August 1, 1997, in compliance with Collier County
Land Development Code, Section 3. All 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 responsibiliD' to petition the Development Services
Director for final approval of the improvements upon the expiration of the minimum one
(1) year maintenance period. After satisfactory completion of all final inspections., the
Board of County Commissioners shall grant final approval of the required improvements
establishing County responsibility for maintenance of the required improvements if it is
the Board's desire to accept and maintain the facilities.
If you should have any questions or if we may be of assistance, please advise.
Very truly yours,
/
Shirley Nix
Engineering Technician II
Tim Clemons, Wastewater Director
Cindy Erb, Public Works
Peter R. Comeau
L~v~on Chiles
Governor
De part m e~,~.~fc ~:~ ~ EECEIVED
. . ~,~ tc v!o~',,s . JUL 3 0
E nvi ron m e n tal F rot e c t~ o
South Dis~gL 30 FH 2:30
2295 Victoria Avenue, Suite 364 Virginia B. Wetherell
Fo~ Myers, Florida 33901-3881 Secreu~
July 29, 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
Heritage Links, A Condominium
Connected to: Collier County
Utilities-South Regional WWTP
CSll-295101
Clearance for Use
Dear Mr. Clemons:
We have received a certificate of completion of construction on
July 25, 1997, and additional documentation on July 28, 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.
HWY/JK/dd
cc: Gina R. Green, P.E.
Sincerely,
Harl~W. y~g, Ph.D., P.E.
Water Facilities
Section Manager
"Protect, Conserve and Manage Florida's Environment and N~£ural Resources"
Printed on recycled paper.
FINAL RELEASE AND WAIVER OF LIEN AND BOND RIGHTS
STATE OF FLORIDA)
COUNTY OF LEE )
WHEREAS, SOUTHWEST UTILITY SYSTEM, INC. , (hereinafter referred to as
"SUBCONTRACTOR~) has contracted with U.S. HOME CORPORATION, INC. (hereinafter referred to as
"CONTRACTOR") to furnish certain material and labor on that certain Project known as HERITAGE LINKS
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 HERITAGE LINKS
(hereinafter referred to as the "Project") located in COLLIER COUNTY, FLORIDA 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 manner 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
FORM 935: CONTRACTOR/SUBCONTRACTOR FINAL WAIVER
release, discharge, defend and hold harmless the CONTRACTOR, Owner, and their respective Sureties, officers,
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, demands, 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 21st day of July , 1997.
Witness
Witness
SOUTHWEST UTILITY SYSTEMS, INC.
By: CLAUDIA COWART
Its: PRESIDENT
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 21st
first above written.
Personally known x__
or
Produced identification
Type of identification:
__ day of JULY., 1997, in the County and State
Signature of Notary Public, (SEAL)
State of Florida, at Large
Name: '~t~L¥
Commission No.:
My commission expires:
KIMBERLY A. ECWaEF{
MY COMMISSION//C,C,407063 EXPIRE:
September 14. 1998
BONDED T'dl~t I TROY
07-29-1997 04: 12PM
FROM MEANLY E~GINEERINi~ & DESI
.~RTIFi.. C~TION CONCERNING..
CONTRIBUTION IN-AID:
. ~ OF CONSTRUCTION
TO
COLLIER CO PPR
:' .i ..~.e..~ndet~igned, on behnlf of NAPLES HERI~FAGE
CO~'UNITY[ DEVELOtSMENT DISTRICT,
district e~ii~h~d pursuant to Chnpter 1~, Ftonda .S.tn~
~ve~er of HERITAGE 'LINKS, A CONDOMINIUM~ ~ru'~ies
~: Th~:.de~ ~lo~r.~h~s received no contribU~n4'n~aid of
devetop ~r :.o~ its mo~gagee, relative .to th~ ~t~:r'and
sewe~..~ cfli~ieswi~in-the property de~nbed'~n'the
DiS~ ~,:~'AN"~EP~NDE~ SPEC~L DIS~ICT
~ST~n .iSH~D: PURSUANT ~ CHA~T~. 190,
COM~ tU, ON: BEHALF OF .TH.E:~ NAPLES
H.E~R~T~iGE COMMUNITY DEVELOP~E:NT~
DISTRI('.T
By:
pETER R. COMEAU,' CHAIRMAN
: .I
~7-29-i~? 04:i~PM
FROM
McAMLY ~GIMEERI~G ~ DESI
CELI_IER CO PPR P.~
Tract B3, :N~pl~ ~ ~e.C,-~lf & ~t. Club P~ One ~ r~ord~' in Plat
P~.73 ~ 80,-i dU~ d;t~ ~blic ~ords d'COl~ count; ~Odda. --
~ . ' . ~ ;.
TOTAL P. 03
)NTRACTOR'S CERTIFIED LIST
,NSTALLED MATERIALS AND COSTS
SYSTEM NAME: HERITAGE LINKS
(Per Regulatory Agency Permit Name)
DATE: 07/21/97
THIS IS A: WATER SYSTEM:
SEWER SYSTEM:
X
MATERIAL LIST INSTRUCTIONS
Please list each and/or all materials separately 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.
HERITAGE LINKS - S~ER SYSTEM
MANHOLE, 0' - 6' CUT EA 2 $1,750.00 $3,500.00
CLEANOUT ASSEMBLY W/3M MARKER EA 11 $80.00 $880.00
6" PVC LATERAL LF 624 $13.00 $8,112.00
8" PVC, 0' - 6' CUT LF 509 $14.00 $7,126.00
TV GRAVITY SEWER EA 2 $1,800.00 $3,600.00
ROCK EXCAVATION LF 250 $16.00 $4,000.00
TOTAL $27,218.00
(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.
Claudia Cowart, President
July 21, 1997
OF: Southwest Utility Systems, Inc.
16341 Old U.S. 41 South, Ft. Myers, FL 33912
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 she executed said instrument for the purposes
therein expressed.
WITNESS my hand and official seal, this 21st day of July A.D., 1997.
Notary Public, State ~ Florida - Si~jr~tufe
Personally Known
Type of Identification
Produced
XX or
Kimberly A. Egger
Notary Public - Type/Print/Stamp Name
CC407063
Commission Number
September 14, 1998
Commission Expiration Date
.~',~,, KIMBEBLY A. EC~ER
....-~ ..... .~.~
-.',: :,=. MY COMMISSION # CC407063 EXPIRES
McANLY ENGINEERING
AND DESIGN INC.
ENGINEERING PLANNING
LAND SURVEYING
LANDSCAPEARCHITECTURE
July 22, 1997
Mr. Thomas E. Kuck, P.E.
Project Plan Review Manager
2800 North Horseshoe Drive
Naples, Florida 33942
RE:
Collier County Wastewater Treatment Plant - South Area
Naples Heritage Golf & Country Club
Heritage Links, A Condominium
Dear Mr. Kuck:
The purpose of this letter is to certify that the sanitary sewer
facilities for the above referenced project is located within
easements that are dedicated as Collier County Utility Easements
(C.U.E.) on the Naples Heritage Golf & Country Club Phase One Plat.
All improvements are constructed in accordance with the approved
construction plans and specifications.
Sincerely,
Gina R. Green, P.E.
GRG/cpa
5101 TAMIAMI TRAIL EAST, SUITE 202, NAPLES, FLORIDA 34113
(941) 775-0723 FAX (941) 775-9236
SOUTHWEST UTILITY SYSTEMS. INC .
1 6341 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
HERITAGE LINKS
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
21st day of July , 1997
Notary PQblic
KIMBERLY ~ E(~IER
MY COMIVlIS~I~ # CC40/1~ EXPIRES
Sel~ember 14,1998
BONDED'fflRU ~IOY FAIN INSURANCE,
SOUTHWEST UTILITY SYSTEMS, INC.
OWNER OR CONTRACTOR
( Signature)
President
(Title)
McANLY ENGINEERING
AND DESIGN INC.
ENGINEERING PLANNING
LAND SURVEYING
LANDSCAPEARCHITECTURE
INFILTRATION TESTING
Project: Naples Heritage Golf& Country Club Heritage Links, A Condominium
Project Number: 951105
Date of Test: July 22, 1997
Those Present: Don Lowery, Southwest Utilities, Inc.
Gina R. Green, P.E., McAnly Engineering & Design, Inc.
Randy Casey, Collier County Compliance Services
Description of Line Tested: Gravity mains flowing to existing Manhole #15
CALCULATION OF ALLOWABLE INFILTRATION:
(Length of pipe) / 5280' X (diameter of pipe) X 50 gal/day =
(in feet) (in inches)
( 624 ) / 5280' X ( 6" ) X 50 gal/day = 35
( 509 ) / 5280' X ( 8" ) X 50 gal/day = 39
RESULTS OF TEST:
Length of Test 0 hrs.
Calculation of Actual Infiltration:
Total Gallons 74
Allowable Infiltration 74 Gallons
0 gallons. Randy Casey and myself discussed the necessity of an actual test
and concluded since minimal water was seen flowing at time of the inspection,
no test was needed.
Test meets project specifications:
Engineer:
iGina R. Green, P;/E.
MeAnly Engineering and Design, Inc.
X YES No
5101 TAMIAMI TRAIL EAST, SUITE 202, NAPLES, FLORIDA 34113
(941) 775-0723 FAX (94t) 775-9236
DATE OF REVIEW:
PROJECT NAME:
COLLIER COUNTY UTILITIES
WASTEW&TER DEPARTMENT
PROJECT VIDEO REVIEW
07/24/97
Heritage Links at Naples Heritage G.C. Phase 2
ENGINEER OF RECORD~ N/A
CONSTRUCTION CONTRACTOR: S.W. Utilities
VIDEO CONTRACTOR: Sewer Viewerf Inc.
COMMENTS: Lines and services are in good condition.
RECOMMENDATIONS:
~-~X~AcCE~ABLE-.
~ REVIEW NUMBERED COMMENTS IN ONE YEAR:
i I NUMBERED COMMENTS UNACCEPTABLE: (REPAIR/REPLACE)
~OTHER RECOMMENDATIONS:
Stephen L. Nagy
Sr. Utility Tech.
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT SERVICES DIVISION
July 23, 1997
Ms. Gina Green
McAnly Engineering & Design, Inc.
5101 Tamiami Trail East, Suite 202
Naples, Florida 34113
2800 NORTH HORSESHOE DRIVE
NAPLES. FL 55942
(941) 643-8400
A CERTIFIED BLUE CHIP COMMUNITY
PLANNING SERVICES DEPARTMENT
ENGINEERING REVIEW SECTION
RE:
Heritage Links - Naples Heritage Golf & Country Club
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 July 23, 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.
~:~~Sincerel ; ~
Engineering Inspections Supervisor
ffCF/bkAInspection form
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