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Galleria @ Vanderbilt
M E M O R A N D'U M DATE: TO: FROM: RE: April 1, 2002 Maureen Kenyon, Supervisor, Clerk to Board Shirley Nix, Engineering Technician II ~/ Project Plan Review Galleria at Vanderbilt Water and/or Sewer Facilities Acceptance On ~--.//~ , 200_~he Board of County Commissioners granted final acceptance of the water and/or sewer facilities within the above-referenced project. Attached, please find the following recorded documents, in order: 1. Utilities Facilities Subordination, Consent and Joinder 2. UCC-3 Form 3. Bill of Sale 4. Utility Easement 5. Utilities Facilities Warranty Deed Also, please find attached the following documents for your files. Owner's Affidavit Attorney's Affidavit Copy of preliminary approval letter from Engineering Review Engineer's final payment confirmation Certification of pressure testing of water lines by Engineer of Record Memorandum to Maureen Kenyon, Supervisor, Clerk to Board April 1, 2002 Page Two 11. Bacteriological clearances (DER certification) for water facilities 12. DER Placement-in-Service letter for sewer facilities 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Contractor's Final Release of Lien Lab results on bacteriological test for water lines Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) 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 Payment of water usage, laboratory and administrative charges for filling, flushing and bacteriologically certifying water lines from invoice prepared by the Utilities Division Letter from fire district regarding ownership and maintenance of fire hydrants and certification of field fire flow capacity testing Copy of backflow prevention assembly test report Certification of the inflow/infiltration test for the sewer lines by Engineer of Record Coating certification of man holes, wet wells and dry well from manufacturer Copy of video tape test report Memorandum to Maureen Kenyon, Supervisor, Clerk to Board April 1, 2002 Page Three 24. 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 25. One copy of utility easement If you have any questions, please call and advise accordingly. attachments doc:2094-2 Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ORIGINAL OFFICIAL RECEIPT When Validated BY: DALE DEPUTY CLERK RECEIPT: 3652821 NAME : PAYOR: REFNC: ENGINEERING REVIEW/ S NI BCC 113 138312 63 649030 DC: 5 DOCUMENTS DOC TYP FILE ID BOOK PAGE SUBORD 2958302 3010 0924 UCC 2958303 3010 0927 B SALE 2958304 3010 0930 ESMT 2958305 3010 0934 DEED 2958306 3010 0937 DESCRIPTION RECORDING OF LEGAL INSTRUMENT P.R.M.T.F. RECORDING FEE INDEXING DOCUMENTARY STAMPS - 70 DOCUMENTARY STAMPS - 35 INTANGIBLE TAX SALES COPIES MISCELLANEOUS FEES INTANGIBLE PENALTY INTANGIBLE INTEREST AMOUNT 77.00 11.50 1.40 DEPT: RECORDING TOTAL DUE: 89.90 Page 01 of 01 This Instrument Prepared by: Kristin M. Conroy Morrison & Conroy, P.A. 3838 Tamiami Trail North, Suite 402 Naples, Florida 34103 2958302 OR: 3010 PG: 0924 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, ~L 04/02/2002 at 09:28AM DWIGHT E, BROCK, CLERK ~C ~ 15.00 Retn: ENGINEERING REVIEW/SHIRLEY NIX HORSESHOE DRIVE EXT 5586 UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER q/ L,HI~ SUBORDINATION, CONSENT AND JOINDER given this ~4 day of ~'qt>~t ,2001 by Fifth Third Bank, Florida (hereinafter referred to as "Mortgagee"), in favor ~fthe BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. WITNESSETH' WHEREAS, Mortgagee is the owner and holder of that certain Mortgage and Security Agreement dated May 13, 1998 and recorded May 28, 1998 in Official Records Book 2552, Page 1006, and assigned by that certain Absolute Assignment of Note, Mortgage and Loan Documents dated February 18, 2000 and recorded March 13, 2000 in Official Records Book 2650, Page 2420 and modified by agreements recorded in Official Records Book 2650, Page 2424 and Official Record Book 2650, Page 2440, of the Public Records of Collier County, Florida, (hereinafter referred to as "Mortgage"), encumbering the premises legally described therein, (hereinafter referred to as the "Encumbered Property"). WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of water utility facilities, including potable and fire protection, over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any water utility facilities, including potable and fire protection, located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. Utilities Facilities Subordination, Consent and Joinder Colony Corporate Centre, Inc. Page I of 2 OR: 3010 PG: 0925 IN WITNESS WHEREOF, the Mortgagee has caused these presems to be executed the date and year first above written. Print Name: Pri~~~e.. FIFTH THIRD BANK, FLORIDA STATE OF FLORIDA ) ) ss COUNTY OF COLLIER ) The four, going Utility .Facilities Subordination, Consent and Joinder was acknowledged before me b~2g/~t Lq~~7-Kas .,,~ ~ of Fifth Third Bank, Florida, on behalf of the bank. He/she is ~e//~sonally know to me. WITNESS my hand and official seal this y of ,2001. My Commission Expires: Notary Public, State of Florida Printed Name of Notary Public dw~Docs\ColonyCo~oorate. Utility Subordination Utilities Facilities Subordination, Consent and Joinder Colony Corporate Centre, Inc. Page 2 of 2 FROM: ALD PHONE NO. : 4~01664 Mar. 13 ~001 12:43PM P1 Wiis nMiller New Directions In OR: 3010 PG: 0926 Description of Part of Section 35 Township 48 South, Range 25 East, Collier County, Florida (Collier County Utility Easement for Oalleria at Vanderbil0 Ail that part of Section 35, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the northeast comer of Lot 63, according to the plat of Ventura Phase Two as recorded in Plat Book 34, pages 74 through 75, Public Records of Collier County, Florida; thence along the southerly right-of-way of Bay Laurel Drive, northeasterly 417.98 feet along the arc ora circular curve concave to the northwest having a radius ofggs.00 feet through a central angle of 24°1g'47'' and being subtended by a chord which bears North 54°53'43" East 414.85 feet to the Point of Beginning thence continue along said right-of-way northeasterly 40.00 feet along the arc ora circular curve concave to the northwest having a radius of 985.00 feet through a central angle of 2° ! 9'3 T' and being subtended by a chord which bears North 41°34'32" East 40.00 feet; thence leaving said fight-of-way along a non-tangential line South 48025'25'' East 15.00 feet; thence southwesterly 40.00 feet along the arc ora non-tangential circular curvc concave to thc northwest having a radius of 1000.00 feet through a central angle of 02°17'31" and being subtended by a chord which bears South 41 °34'32" West 40.00 feet; thence along a non-tangential line North 48°25'25'' West 15.00 feet to the Point of Beginning; Subject to easements and restrictions of record. Bearings are based on the south line of said Section 35, South 89°3g'$4'' West. Certificate of authorization #LB-43. MrcLm B TON*, PEEr, .~iste~:~d .Engineers and Land Surveyors Re .f~' 2L-748, sheet 2 ~ .; Not valid unless embossed with the Professional's seal. EXI{IBIT "A" Page 1 of 2 Naples Fort Myers Sarasota Bragfenten Tampa 3200 Bailey Lane, Sai~ 2~;0 Naples, Florida $4105.8507 941-649-4040 ~ 941~3-5716 ~,wi~onmille~m FROM : ALD PHONE NO. 4301664 M~r. 2001 l~:43PM P2 ']o NOT PLATTED B~IBIT "A" Page 2 of 2 NOTE: This is a .two-part form. Send both parts to the Department of State for filing. If a copy of this form is needed prior to filing, make photocopies for your records. · i: /:;;/~ ;3 IMPORTANT: Read instruction_s ~n .b. ack before filling out form. Seminole Form UCC-3 STATE OF FLORIDA UNIFORM COMMERCIAL CODE STATEMENT OF CHANGE FORM UCC-3 (REV. 1993) This Statement of Change is presented to a filing officer pursuant to the Uniform Commercial Code: 1. Debtor (Last Name First if an Individual) Colony Corporate Centre, Inc., a Florida corporation lb. Mailing Address 13356 Rosewood Lane 2. Additional Debtor or Trade Name (Last Name First if an Individual) 2b. Mailing Address 3. Secured Party (Last Name First if an Individual) Fifth Third Bank, Florida ! la. Date of Birth or FEI# ]'1c. City, State ld. Zip Code J Naples, Florida , [ 34119 ........... 2a. Date of Birth or FEI~ ~(~ C'ity, ~{tai~ .... ~2d. Zip~ 3a. Mailing Address 4099 Tamiami Trial North 4. Additional Secured Party (Last Name First if an Individual) 4a. Mailing Address 3b. City, State 3c. Zip Code Naples, Florida 34102 4b. c~I/,~taie ' 4c. Zip Code 5. This Statement refers to original Financing Statement bearing file number: O.R. 2650. Page 2465 filed on 3/13/00 6. A. [~1 Continuation - The original Financing Statement between the Debtor and Secured Party bearing the tile number shown above is centlnued. B. [~1 Release- The Secured Party re~seses the c~~~atera~ described in B~~~k 7 be~~w tr~m the Financing Statement beering the ~~e number shown ab~ve. RELEASE ~~ES N~T TERM~NATE LIEN AGAINST DEBTOR, C. [~ Full Assignment - All ol the Secured Party's rights under Ihe Financing Statement have been assigned to the assignee whose name and address Is shown in Block 7 below. D. [~ Partial Assignment - s~me~~SecuredParty~sr~ghtsundertheFinancingStatementheveboenassignedt~theassigneewhosenameandeddressissh~wninB~~ck7~ Adescriptionofthecollatarel subject to the assignmeflt is also shown in Block 7. E. [~ AmendBent - The Financing Statement bearing the file number shown above is amended as set forth in Block 7. (See instructions for signature requirements.) F. {~l Termination - The Secured Party no longer claims an interest under the Financing Statement bearing the file number shown above. G.~ Other- Utility Facilities Subordination~ Consent and Joinder in favor of the Board of County Commissioners of Collier County~ Florida 7. Description of collateral released or assigned, Assignee name and address, or amendment. Use additional sheet(s) if necessary. See Exhibit "A" attached hereto 8. Signature(s) of Debtor(s): (only if amendment - see instructions) 9. Signature(s) of Secured party(les): By: /// lpg. ~ 10. Number brAdditional Sheets Presented 11. Return Copy to: Name Address Address City, State, Zip J. Thomas Conroy, III Morrison & Conroy, P.A. 3838 Ta~iaei Trail North, Ste. Naples, FL 34103 402 This space for use of Filing Officer 2958303 OR: 3010 PG: 0927 RRCORDED in 0FHCIAL RRCORD$ of C0LLIRR COUNTY, FL 04/02/2002 at 09:28AM DWIGHT ~, BROCK, CLHRK R~C FE~ 15,00 Rein: ENGINEERING REVIH/$~IRLB¥ NIX HORSRSHOR DRIVR ~X? 5586 FI I_1NG OFFICER COPY STANDARD FORM - FORM UCC-3 Approved by Secretary of State, State of Florida PHON~ NO. : ~301664 Ma~. 13 2001 12:~3PM P1 FROM Wils nMiller OR: 3010 ?G: 0928 " Description of Part of Section 3:5 Township 48 South, Range 2S East, Collier County, Florida (Collier County Utility Easement for~ .Cralleria at Vanderbil0 All that part of Section 35, Tqwnship 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the northeast comer of Lot 63, according to the plat of Ventura':Phase Two as recorded in Plat Book 34, pages 74 through 75, Public Records of Collier County, Florida;''~ thence along the southerly right-of-way of Bay Laurel Drive, northeasterly 417.98 feet along tho arc ora circular curve concave to the northwest having a radius of 955.00 feet through a central anglo of 24° 1 g'4T' and being subtended by a chord which bears North 54°53'43" East 414.85 feet to tho. Point of Beglnning thence continue along said right-of-way northeasterly 40.00. feet along tho arc ora circular curve concave to the northwest having a radius of 955.00 feet through a central anglo of 2°! 9'37" and being subtended by a chord which bears North 41°34'32'' East 40.00 feet; thence leaving said right-of-way along a non-tangential line South 45025'25'' East 1 $.00 feet; thence southwesterly 40.00 f~et along the arc ora non-tangential circular curve concave to thc northwest having a radius of 1000.00 feet through a central anglo of 02°17'31'' and lacing subtended by a chord which bears South 41034'32" West 40.00 feet; thence along a non-tangential line North 48025'25" West 15.00 feet to tho Point of Beginning; Subject to easements and restrictions of record. Bearings are basext on the south line of said Section 3:5, South $9°38'S4'' West. Certificate of authorization #LB-43. wgio , MIntER, BA TON a PEm<, l C. .R~istere~ .Engmeers and Land Surveyors Not valid unless embossed with the Professional's seal. Date ID[ltlBIT "A" Page 1 of 2 ~ ~i1~ ~, Suim 2(~ N~l~. Florida 341~7 941~9~040 ~ 941~3-5716 ~ ~, wi~onmi lle~ ~m ?ROffl : ~LD : 4301664 Mar, 13 2001 12:4'3PM P2 NOT PLATTED l~a§e 2 of 2 This Instrument Prepared by: Kristin M. Conroy Morrison & Conroy, P.A. 3838 Tamiami Trail North, Suite 402 Naples, Florida 34103 2958304 OR: 3010 PG: 0930 04/02/2002 at 09:28A~ D~IGH? E, BROCK, CLERK HORSESHOE DRIVB UTILITIES FACILITIES BILL OF SALE THIS BILL OF SALE evidencing the sale and conveyance/of the water ]~tility facilities, including potable and fire protection described herein is made this'~day of ~~.~ , 2001 by COLONY CORPORATE CENTRE, INC., a Florida corpor/ation (herein~ to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Buyer"). WITNESSETH: That 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 utility facilities, including potable and fird protection, lying within the following described land, together with appurtenant easements rights for the operation, installation and maintenance of said water utility facilities, including potable and fire protection, situate, lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as the water utility facilities, including potable and fire protection, 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 and plural, as the context requires. IN WITNESS WHEREOF, SELLER has caused these presents to be executed the date and year first above written. an / COLONY CORPORATE CENTRE, INC., a ,~//~.<_.~~Florida corporation e: Jody K Vanderbil, By: Jo~ Its: Presme~/ (CORPORATE SEAL) Utilities Bill of Sale Colony Corporate Centre, Inc. Page I of 2 OR: 3010 PG: 0931 STATE OF FLORIDA ) ) ss COUNTY OF COLLIER ) The foregoing Bill of Sale was acknowledged before me by Joseph E. D'Jamoos, as President of Colony Corporate Centre, Inc., a Florida corporation, on behalf of the corporation. He is personally know to me. WITNESS my hand and official seal thisj~ day of ~ ,2001. My Commission Expires: Notary Public, State of Florida Diane WhJtacre Printed Name of Notary Public Docs\ColonyCorporate Billo fSale Utilities Bill of Sale Colony Corporate Centre, Inc. Page 2 of 2 FROM : ALD PHONE NO. : 4301GG4 Wiis nMiller New Olt'~:,8ons In Plannlt~, O~sign & Mar. 1~ 2001 12:43PM P1 OR: 3010 PG: 0932 · Description of Part of Section 35 Township 48 South, R~ng¢ 25 East, Collier County, Florida (Collier County Utility Easement for ,C-alleria at Vanderbilt) All that part of Section 35, Township 48 Sou/h, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the northeast comer of Lot 63, according to the plat of Ventura:Phase Two as recorded in Plat Book 34, pages 74 through 75, Public Records of Collier County, Florida; thence along the southerly right-of-way of Bay Laurel Drive, northeasterly 417.98 feet along tho arc ora circular curve concave to the northwest having a radius of 985.00 feet through a central angle of 24°18'47" and being subtended by a chord which bears North 54053'43" 'Fast 414.85 feet to the. Point of Beginning thence continue along said right-of-way northeasterly 40.00 feet along tho arc ora circular curvc concave to the northwest having a radius of 985.00 feet through a c~ntral angle of2°lg'3T' and being subtended by a chord which bears North 41°34'32" East 40.00 feet; thence leaving said right-of-way along a non-tangential line South 45025'25" East 15.00 feet; thence southwesterly 40.00 feet along the arc ora non-tangential circular curvc concave to thc northwest having a radius of 1000.00 feet through a central angle of 02°17'31" and b¢ing subtended by a chord which bears South 4I °34'32" West 40,00 feet; thence along a non-tangential line North 48°25'25" West 15.00 feet to the Point of Beginning; Subject to easements and restrictions off, cord. Bearings are based on the south line of said Section 35, South 89038'54" West. Certificate of authorization #LB-43. .R~isterexl Engineers and Land Surveyors Not valid unless embossed with the Professional's seal. EXI{IBIT "A" Page 1 of 2 3~0 8a//~y Lane, S~/im 2~ N~/~. F/odda 34~Z 941~9~0d0 ~ ~41~3-5716 ~ ~, wi~onmille~m PHONE NO. : 4301664 Mai-. 2001 12:43PM P2 · I 0 ' NOT PLATTED EXMIBIT "A" Page 2 of 2 This Instrument Prepared by: Kristin M. Conroy Morrison & Conroy, P.A. 3838 Tamiami Trail North, Suite 402 Naples, Florida 34103 2958305 OR: 3010 PG: 0934 RECORDED in OFFICIAL RECORDS of COLLIER COUN?¥, FT. 04/02/2002 at 09:28AM DWIGHT E. BROCK, CLERK REC FEE 15,00 DOC-, 70 ,70 Retn: ENGINEERING RBVIEN/SHIRLEY NIX HORSBSHOE DRIVE UTILITY EASEMENT EX? 5586 THIS EASEMENT, granted this~day of ff_.,~_.~ , 2001, by COLONY CORPORATE CENTRE, INC., a Florida corporation, wl~se address is 325 Sedgwick Court, Naples, Florida 34109, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, whose address is 3301 East Tamiami Trail, Naples, Florida 34112, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt whereof is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain water utility facilities, including potable and fire protection, in, on, over and under the following described lands being located in Collier County, Florida, all County utility easements indicated CUE for installation and maintenance of its facilities. Grantee agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landscaping installed by the Grantor within the easement area, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining the water utility facilities, including potable and fire protection. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. nderbd Print Name: STATE OF FLORIDA ) COUNTY OF COLLIER ) COLONY CORPORATE CENTRE, INC., a Florida cor By: J~sel~ Its: P~.~id )oration tz.ff) Jamoos ~7 (CORPORATE SEAL) The foregoing Utility Easement was acknowledged before me by Joseph E. D'Jamoos, as President of Colony Corporate Centre, Inc., a Florida corporation, on behalf of the corporation. He is personally know to me. WITNESS my hand and official seal this ff~day of ~~ 2001. [ ! ~t~ry Pul~c, State of Florida My Commission Expires: dw~ocs\Colon yCorporate, Utility.easement Printed Name of Notary Public t,.~, Jody K Vanderbilt ~ll~llrMyCommis~on CC801134 ~'~l~¢'ExpiresJanuaryl0, 2003 Utility Easement Colony Corporate Centre, Inc. Page 1 of 2 PHONE NO. : 4~81664 Mar. 13 2881 12:43PM P1 WilspnMiller N~w Diff..Eons le Planni. g. O~iga & £~gj~afl~p OR: 3010 PG: 0935 Description of Part of Section 35 Township 48 South, Range 25 East, Collier County, Florida (Collier County Utility Easement for ,Gallcria at Vanderbilt) All that part of Section 35, To. wnship 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: . Commencing at the northeast comer of Lot 63, according to the plat of Ventura:Phase Two as recorded in Plat Book 34, pages 74 through 75, Public Records of Gollicr County, Florida; thence along the southerly right-of-way of Bay Laurel Drive, northeasterly 417.98 f~t along the arc ora circular curve concave to the northwest having a radius of 955.00 feet through a central angle of 24°1g'47'' and being subtended by a chord which bears North 54053'43'' East 414.85 feet to the- Point of Bcginning thence continue along said right-of-way nor[hcasterly 40.00 feet along the arc ora circular curve concave to the northwest having a radius of 955.00 feet through a central angle of2°ig'3T' and being subtended by a chord which bears North 41°34'32" East 40.00 feet; thence leaving said right-of-way along a non-tangential llne South 48°25'25" East 15.00 feet; thence southwesterly 40.00 feet along the arc ora non-tangential circular curve concave to thc northwest having a r~dius of 1000.00 feet through a central angle of 02°17'3 !" and being subtended by a chord which bears South 41°34'32" West 40.00 feet; thence along a non-tangential line North 48025'25'' West 15.00 feet to thc Point of Beginning; Subject to easements and restrictions of record. Bearings are based on the south line of said Section 35, South $9038'54" We. st. Certificate of authorization #LB-43. .K6glstered .Engineers and Land Surveyors No[ valid unless embossed with thc Professional's seal, EXHIBIT "A" Page 1 of 2 3200 8ailey Lane, $1d~ 200 N~I~. Florida 34;~07 941~9~040 ~ g41~3-5716 ~ ~. wi~onm il/ea ~m FROM : RLD NO. : 430~664 13 2001 12:43PM P2 T C~ ! 0C1'20'33~. l~2G.14 NOT PLATTED EXHIBIT "A" Page 2 of 2 This Instrument Prepared by: Kristin M. Conroy Morrison & Conroy, P.A. 3838 Tamiami Trail North, Suite 402 Naples, Florida 34103 2958306 OR: 3010 PG: 0937 RECORDED in OPFICIAL RECORDS of COLLIER COUNTY, 04/02/2002 at 09:28AM DWIGHT E, BROCK, CLERK Retn: ENGINEERING REVIEW/SHIRLEY NIX ~XT 5§86 DOC-,70 19.50 ,70 UTILITY FACILITIES WARRANTY DEED / THIS INDENTURE made thi~Sday of ~,~ _. ~ ,2001, between COLONY CORPORATE CENTRE, INC., a F1/orida corporatio ,~h~se ~-rincipal offices are at 325 Sedgwick Court, Naples, Florida 34109 (hereinafter referred to as "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, whose address is 3301 East Tamiami Trail, Naples, Florida 34112 (hereinafter referred to as "GRANTEE"). WITNESSETH: 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, have granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, the water utility facilities, including potable and fire protection, lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said water utility facilities, including potable and fire protection, situate, lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) and said Grantor does hereby fully warrant the title to said water utility facilities, including potable and fire protection, and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the water utility facilities, including potable and fire protection conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A". Grantor and Grantee are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. COLONY CORPORATE CENTRE, INC., a Florida corp( ation By: Jo~ ~ Its: Pr~d~ (CORPORATE SEAL) Utilities Facilities Warranty Deed Colony Corporate Centre, Inc. Page 1 of 2 OR: 3010 PG: 0938 STATE OF FLORIDA ) ) ss COUNTY OF COLLIER ) The foregoing Utility Facility Warranty Deed was acknowledged before me by Joseph E. D'Jamoos, as President of Colony Corporate Centre, Inc., a Florida corporation, on behalf of the corporation. He is personally know to me. WITNESS my hand and official seal this ~t~day of ~ ,2001. II .,,$.~.~.. DIANE WHITACRE '"11 ll~j EmR[S:^ugust~0.2003 Il ~ ![ .~,,p,,?,~,,,o~ Bonded ThmUotaryPublicUnderwrilers II f~otary Public, Sta'i~e of Florida My Commission Expires: Printed Name of Notary Public Docs\ColonyCorporate. Utility. WarrantyDeed Utilities Facilities Warranty Deed Colony Corporate Centre, Inc. Page 2 of 2 FROM': ALD PHONE NO. : 4301664 Mar. 13 2001 12:43PM P1 WiisOnMiller New Olre~tons In P/a~nln~. Design OR: 3010 PG: 0939 Description of Part of Section 35 Township 48 South, Kang¢ 25 East, Collier County, Florida (Collier County Utility Easement for .Cralleria at Vanderbil0 All that part of Section 35, Tgwnship 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the northeast comer of Lot 63, according to the plat of VentumPhase Two a~ recorded in Plat Book 34, pages 74 through 75, Public Records of Collier County, Florida: thence along the southerly right-of-way of Bay Laurel Ddve, northeasterly 417.98 feet along tho arc of a circular curve concave to the northwest having a radius of 955.00 feet throu~ a central angle of 2401g'47'' and being subtended by a chord which bears North $4053'43" East 414.85 feet to the. Point of Beginning thence continue along said right-of-way northeasterly 40.00 feet along tho arc ora circular curve concave to the northwest having a radiu~ of 955.00 feet through a centcal angle of2°lg'3T' and being subtended by a chord which bears North 41°34'32" East 40.00 feet; thence leaving said right-of-way along a non-tangential line South 45025'25" East 15.00 feet; thence southwesterly 40.00 feet along the arc ora non-tangential circular curve concave to thc north,vest having a radius of 1000.00 feet through a central angle of 02°17'31" and being subtended by a chord which bears South 41°34'32" West 40.00 feet; thence along a non-tangential line North 4g°25'25'' West 15.00 feet to tho Point of Beginning; Subject to easements and restrictions of record. Bearings are based on the south line of said Section 35, South 89°3g'54,' West. Certificate of authorization #LB-43. WILSON, MILLER, BARTON & PEEK, INC. .R~T~: '.~ .Engineers and Land Surveyors '~.,y : Date ~'2/' ~/ ' ~'"JM~l.~n°3', P-S-M~'~4 9~..._~ '.. Re .fJ~"-'2L-7'4[S, sheet 2 ~ Not valid unless embossed with the Professional's seal. EXRIBIT "A" Page 1 of 2 - 3~00 Eai/ey Lane, Std~ 2(~ N~I~. F/ori~ 341~7 941~9~040 ~ 941~3-5716 ~ ~, wi~onmille~m ALD : 430i664 13 2001 12:43PM P2 NOT PLATTED EXHIBI~ 'A' Page 2 of 2 This Instrument Prepared by: Kristin M. Conroy Morrison & Conroy, P.A. 3838 Tamiami Trail North, Suite 402 Naples, Florida 34103 UTILITIES FACILITIES OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Joseph E. D'Jamoos, who to me is well known, and having been duly sworn and under oath, deposes and states: 1. My name is Joseph E. D'Jamoos. I am over the age of twenty-one (21) years, am sui juris, and have personal knowledge of the facts contained herein. 2. Colony Corporate Centre, Inc., a Florida corporation is the owner of said real property located at Collier County, Florida and legally described on Exhibit "A". 3. Joseph E. D'Jamoos, as President of Colony Corporate Centre, Inc., a Florida corporation has the authority to bind the partnership. 4. All persons, firms, 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 sewer utility facilities on the real estate hereinafter described, have been paid in full and that such work has been fully corhpleted and accepted by the owner. 5. 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. 6. The water utility facilities, including potable and fire protection described herein are encumbered by the following: a) Mortgage which was executed by Colony Corporate Center, a Florida corporation (Mortgagor) and First National Bank of Naples, a national banking association (Mortgagee) dated May 13, 1998 and recorded May 28, 1998 in Official Records Book 2552, Page 1006, of the Public Records of Collier County, Florida. Said Mortgage securing the original principal amount of $1,950,000.00 was assigned to Fifth Third Bank, Florida by assignment dated February 18, 2000 and recorded March 13, 2000 in Official Records Book 2650, Page 2420 and modified by agreements recorded in Official Records Book 2650, Page 2440 and Official Records Book 2650, Page 2424, of the Public Records of Collier County, Florida. b) UCC-1 Financing Statement between Fifth Third Bank, Florida (Secured Party) and Colony Corporate Centre, Inc., a Florida corporation (Debtor), recorded in Official Records Utilities Facilities Owner's Affidavit Colony Corporate Centre, Inc. Page I of 2 c) Book 2650, Page 2465, of the Public Records of Collier County, Florida. Amended Notice of Commencement recorded in Official Records Book 2788, Page 121, of the Public Records of Collier County, Florida. d) Notice of Commencement recorded in Official Records Book 2772, Page 3107, of the Public Records of Collier County, Florida. 7. As and on behalf of the owner of the subject water utility facilities, including potable and fire protection, does for valuable consideration hereby agree and guarantee, to hold the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, 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 water utility facilities, including potable and fire protection.. Affiant is used as singular or plural, as the context requires. The water utility facilities, including potable and fire protection referred t~ herein are l'ocated within the real property described in the attached Exhibit "A". FURTHER AFFIANT SAYETH NAUGHT. DATED this/'~day of ¢__~L~_ ~J ,2001. Print Name: nio~_~ Wh!tacr~ COLONY CORPORATE CENTRE, INC., a Florida c~rporation By: a~noos ,..9 {ZORPORATE SEAL) STATE OF FLORIDA COUNTY OF COLLIER The fore~, ing A,ttomey's Affidavit was swom and subscribed to (or affirmed) before me this day of ~ ,2001 by Joseph. , E. D'Jamoos. He is personally known to me. l~ary Publ~, State of Florida My Commission Expires: Printed Name of Notary Public #~:~_% Jody K Vanderbilt ~,~',~.My Commission CC801134 ",,~., ,l~a, Expires January 10. 2003 dw~DocsX, CoionyCorporate, Utility. Own ersAffi dnvit Utilities Facilities Owner's Affidavit Colony Corporate Centre, Inc, Page 2 of 2 ~OM : ALD PHONE NO. : ~01664 Mar. 1~ ~001 I~:~PM P! Wils nMiller N#w Dlrec~ns In Planning, Ogsil~ & " Description of Part of Section 35 Township 48 South, Range 25 East, Collier County, Florida (Collier County Utility Easement for ~Cxalleria at Vanderbil0 All that part of Section 35, To. wnship 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the northeast comer of Lot 63, according to the plat of VenturaPhase Two as recorded in Plat Book 34, pages 74 through 75, Public Records of Collier County, Florida; thence along the southerly right-of-way of Bay Laurel Drivc, northeasterly 417.98 fcct along the arc ora circular curve concave to the northwest having a radius of 985.00 feet through a central angle of 24°1g'47" and being subtended by a chord which bears North 54053'43'' East 414.85 feet to the- Point of Beginning thence continue along said right-of-way northeasterly 40.00 feet along the arc ora circular curvc concave to the northwest having a radius of 955.00 feet through a central angle of2°lg'3T' and being subtended by a chord which bears North 4 l°34'32" East 40,00 feet; thence leaving said right-of-way along a non-tangential line South 45°25'25'' Fast 15,00 feet; thence southwesterly 40.00 feet along the arc ora non-tangential circular curvc concave to thc northwest having a radius of 1000.00 feet through a central angle of 02© 17'31" and being subtended by a chord which bears South 41°34'32" West 40.00 foci; thence along a non-tangential line North 48°25'25'' West 15.00 feet to the Point of Beginning; Subject to easements and restrictions of record. Bearings are based on thc south line of said Section 35, South $9°38'$4'' West. C~rtificat¢ of authorization #LB-43. WI~SON, MILLER, BARTON & PEEK, INC. .R~ls~erext Engtnccrs and Land Surveyors Re .~Z2L-7~[8, shcct 2 Not valid unless embossed with thc Professional's seal. 1UCI~IIBIT "A" Page 1 of 2 - 3/~0 8aileyLane, S/dm, 2(~ N~I~, Florida 341~07 941~9~040 ~ g41~3-5716 ~ ~,wi~onmil/e~m 'FROM : ALD PHONE NO. Ma1-. 13 2001 12:43PM P2 NOT PLATTED EXHIBIT Page 2 of 2 This Instrument Prepared by: Kristin M. Conroy Morrison & Conroy, P.A. 3838 Tamiami Trail North, Suite 402 Naples, Florida 34103 UTILITIES FACILITIES ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER ON THIS ff-~ day of ~_ ,x~,~z~ ,2001, before me personally appeared Kristin M. Conroy, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is: 3838 North Tamiami Trail, Suite 402, Naples, Florida 34103 (941) 649-5200) (hereinafter "Affiant"), who, being duly sworn on his oath, does say: 1. This affidavit is given as an inducement to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, to accept the dedication or conveyance of water utility facilities, including potable and fire protection, located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier County, Florida. 2. The Affiant has examined record title information provided by Chicago Title Insurance Company, reference number 10-2782-107-00000026 and certified to March 28, 2001 for the real 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 herein is Colony Corporate Centre, Inc. a Florida corporation (hereinafter "Owner"). The Owner acquired record title to the subject real property by instruments dated December 30, 1999 and recorded in Official Records Book 2629, Page 3073, and dated May 20, 1999 and recorded in Official Records Book 2552, Page 992, Public Records of Collier County, Florida (copies attached). 4. The Affiant has examined corporate information obtained from the State of Florida and Colony Corporate Centre, Inc., a Florida corporation, (hereinafter "Colony") and has determined that Colony is a current and active corporation in the State of Florida and that Joseph E. D'Jamoos, President of Colony Corporate Centre, Inc., a Florida corporation is authorized to execute on behalf of Colony in conjunction with the conveyance of the subject water utility facilities, including potable and fire protection. 5. Affiant states that the following documents have the effect of creating a lien or encumbrance upon all of the real and personal property herein: · (i) Mortgage which was executed by Colony Corporate Center, Inc., a Florida corporation (Mortgagor) and First National Bank of Naples, a national banking association (Mortgagee) dated May 13, 1998 and recorded May 28, 1998 in Official Records Book 2960, Page 1257, of the Public Records of Lee County, Florida in the original principal amotmt of $1,950,000.00, as modified by that certain First National Bank Mortgage and Security Agreement Modification Agreement and Notice of Future Advance dated May 24, 1999 and recorded May 28, 1999 in Official Records Book 2552, Page 997, Public Records of Collier County, Florida increasing the loan amount to $2,850,000.00 as assigned to Fifth Third Bank, Florida by assignment dated February 18, 2000 and recorded March 13, 2000 in Official Records Book Utilities Facilities Attorney's Affidavit Colony Corporate, Centre, Inc. Page I of 2 2650, Page 2420 and amended and restated in that certain Amended and Restated Mortgage, Security Agreement and Assignment of Rents dated February 18, 2000 and recorded March 13, 2000 in Official Records Book 2650, Page 2424, as modified by that certain Loan Modification Agreement, Mortgage Spreader Agreement and Notice of Future Advance and Receipt dated February 18, 2000, and recorded March 13, 2000 in Official Records Book 2650, Page 2440, and that certain Loan Modification Agreement and Notice of Future Advance and Receipt dated January 8, 2001 and recorded January 10, 2001 in Official Records Book 2763, Page 2762, of the Public Records of Collier County, Florida. (ii) UCC-1 Financing Statement between Fifth Third Bank, Florida (Secured Party) and Colony Corporate Centre, Inc., a Florida corporation (Debtor), recorded in Official Records Book 2650, Page 2465, of the Public Records of Collier County, Florida. (iii) Amended Notice of Commencement recorded in Official Records Book 2788, Page 121, of the Public Records of Collier County, Florida. (iv) Notice of Commencement recorded in Official Records Book 2772, Page 3107, of the Public Records of Collier County, Florida. 6. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. STATE OF FLORIDA COUNTY OF COLLIER The foreg/~ing Attomey's Affidavit was sworn and subscribed to (or affirmed) before me this day of ?,v-/~z_ ,2001 by Kristin M. Conroy. She is personally known to me. ! I~. ,.'~.~; ~.~_'-,. DIANE WHITACRE 'i~ MY COMMISSION # CC 825440 I[~.~}~ffi~,.~ EXPIRES: August 10 2003 /! Bonded Thru Notary Poblm Underwrlters /! My Commission Expires: Notary Public, State of Florida Diane Whitacre Printed Name of Notary Public dw\docs\ColonyCorporate\Ulities AttorncysAffidavit Utilities Facilities Attorney's Affidavit Colony Corporate, Centre, Inc. Page 2 of 2 F~OM : ~LD PHONE NO. : 4301664 Mar. 13 2001 12:43PM WilspnMiller P1 · Description of Part of Section 35 Township 48 South, Range 25 East, Colllcr County, Florida (Collier County Utility Easement for ~Cralleria at Vanderbilo All that part of Section 35, Township 48 South, Range 25 East, Collier County, Florida and Wing more particularly described as follows: Commencing at the northeast comer of Lot 63, according to the plat of Ventura:Phase Two as recorded in Plat Book 34, pages 74 through 75, Public Records of Collier County, Florida; thence along the southerly right-of-way of Bay Laurel Drive, northeasterly 417.98 feet along the are cfa circular curve concave to the northwest having a radius of 985.00 feet through a central angle of 24°18'47'' and being subtended by a chord which boars North 54°SY4Y' 'East 414.85 feet to the- Point of Beginning thence continue along said fight-of-way northeasterly 40.00 feet along the arc cfa circular curve concave to the northwest having a radius of 985.00 feet through a central angle of2°i9'3T' and being subtended by a chord which bears North 41°34'32'' East 40.00 feet; thence leaving said right-of-way along a non-tangential line South 48°'25'25" East 15.00 f~et; thence southwesterly 40.00 f~et along tho arc cfa non-tangential circular curve concave to the northwest having a radius of 1000.00 feet through a central angle of 02°17'31" and being subtended by a chord which bears South 41 ~34'32" West 40.00 feet; thence along a non-tangential line North 48°25'25" West 15.00 feet to the Point of Beginning; Subject to easements and restrictions of record. Bearings are baaed on the south line of said Section 35, South 89038'54" Weal Certificate of authorization #LB-43. WI~N, MILLER, BARTON & PEEK, INC. .Pse:gister~ .Engineers and Land Su~eyors Not valid unless embossed with the Professional's seal. EXHIBIT "A" Page I of 2 - 3200 Bailey Lane, St~i~ 200 N~ole.~. F/or/da 34105-8507 941-649-4040 ~, g41-645-5716 ~ w~4,, wil$onmillet corn FROM : ALD PHONE NO. : 4~01664 Mar. 13 2001 12:4BPM P2 o ~ ~, --77-~- 0 ' CD FI] ~r~ MOT PLATTED EXHIBIT "A" Page 2 of 2 This Instrument Prcpargd By: ¥ivien lq. Hastings, Esq. WGI Communities Limited Partnership 24301 Walden Center Drlvo Bonita Springs, FL 34134 Parcel ID #: 0177120509 2483718 OR: 2552 PG: 0992 ItI¢01DID in 0HICD, L IIC0~DS of COLLIll COUi?T, fL 05/211D~! it 0[:$?H D¥IGEf I. li0Cl, CLIR COIS 3787000,00 UC 111 2LO0 DOC-.70 2i50L00 letn: C0[X01ITIll TlTf~ CO 24301YU, DIICIIYll DI lST IL. BOIITA SNtllG! fL 1~134 THIS WARRANTY DEED made ~s day of May, 1999, by WCI COMMUNITIES LIMITED PARTNERSHIP, a Delawa~ limited partnership, having i~ principal place of business at 24301 Walden Center Drive, Bonita Springs, Florida 34134 (''Grantor") to COLONY CORPORATE ~, IN(2., a Horida corporation, having its principal place of business at: 133515 Rosewood Lane, Naples, Florida 34119 ('Grantee*). (whichever used herein thc terms "Grantor" and "Grantee" include aU the parties to this instrument nnd the hebs, legal representatives and assigns, assigns of individuals, and ~e successors and assigns of corpora~ons). V~SETH: That Grantor, for and in consideration of thc sum of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, hereby gnmts, bargni-% scll~, aliens, remises, releases, conveys, and confinns unto Crmntee, all that certain land situate in Collier County, Florida, viz: AU that part of Section 35, Township 48 South, l~ange 25 East, Collier County, Florida, being more particularly described on Exhibit "A" attached hereto and made a part hereof, being 9.66 acres more or less (the "Property*'). Subj~to: A. Taxes and assessments for 1999 and subsextucnt years; B. That certain DECLARATION OF GENERAL COVENANTS, CONDITIONS 'AND RESTRICTIONS FOR PELICAN MARSH re~rded in Official Records Book 1891, Pages 1814 through 1865, inclusive, of the Public Records of Collier County, Florida, as amended or supplemented; C. That certain DECLARATION OF RESTRICTIVE COVENANTS FOR A PORTION OF PF, LICAN MARSH, SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, PARCEL I LEARNING CEIVI'ER to be recorded simultaneously herewith; D. Applicable comprehensive plans, or elements or portions hereof, land dcvclopmcnt regulations including zoning and subdivision ordinances, devclopmant orders, Pelican Marsh DR/Development Order 95-1 adopted by thc Board of County Commissioners of Collicr County, Florida pursuant to Resolution No. 95-71 dated January 24, 1995, development permits and other regulations and cond/tions of all govcmmcntal agcncies conccm/ng thc Property; E. Thc Pelican Marsh Planned Unit Development assigned ordinance number 97-79; F. The Property is within the Pelican Marsh Community Development District ("District") and Grantee shall be subject to District assessments as the same my exist from time to time. GRANTEE IS REQUIRED TO INCLUDE THIS DISCLOSURE IN ANY SUBSEQUENT DEEDS CONVEYING A PORTION OR ALL OF THE PROPERTY. G. Grantee shall commcncc consWaction on thc Property in accordance with thc Construction Plans and Specifications [as defined in thc Deposit Receipt and Sales Agreement OR: 2552 PG: 0993 between Grantee and Grantor dated April 26, 1999 (the "Sales Agreement")] on or before eightcen,.~(18) months from the date of this IWannnty Deed. Once Commencement of Construction h/s occurred, construction shall continue without interruptiod and Grantee shall "diligently continue construction" as defined in thc Sales Agreement. In the event Grantee fails to commence construction or to diligently' continue construction as required by the Agreement, after a period of ninety (90) days (which period shall commence on the day Grantor gives Grantee written notice of its intention to exercise its right to repurchase the Property in accordance with the tcrn~ hereof), unless Grantee, during such ninety (90) day period, commences construction or re- commences construction and thereafter diligently continues construction on the Property, provided, however, Grantor ~ obligated to provide such notice only one time, thereafter, Grantee shall have no fights to any such notices or any additional cure periods, Grantor shall have thc fight, but ngt the obligation, after the expiration of such ninety (90) day period, to rClmrChaSe the Property at ninety percent (90%) of the pwrata Purchase Price paid by Grantee for thc Property, less any attorney's fees, transfer fees, recording charges or other charges inaured by Grantor in connection with such repurchase (herein called ~Reptncha.se Price'). Prorations, if any, ~ be made as of the date of the repurchase closing. If Grantor shall elect to exercise such option to repurchase the Property, the option shall be exercised by Grantor w~thln ninety (90) days of the date that Grantee shall have failed to commence or co~tlnn¢ construction as aforesaid. If the option is exercised, Grantor shall pay the Repurchase Price in cash and Grantee shall deliver to Grantor a special warranty deed to the Property on portions thereof being rcpurclmsed; and at or in connection with such repurchase closing, Grantee shall pay and satisfy all liens and mortgages encumbering the Property being rcpurchased which were imposed on tl~ Property during the period of time Grantee owned the Property. H. ,Interlocal Agreement entered into on May 4, 1993, between the Board of County Co_mmissioners of Collier County, Florida, as governing body, and Board of Supervisors of Pelican Marsh Community Development District which appears of record in O.R. Book 1921, Pages 1941 through 1970, inclusive, of the Public Records of Coliicr County, Florida. I. ~ Notice of Adoption of Development Order recorded in O.R. Book 2067, Page 1851, and Notice of Change of Development Order recorded in O.R. Book 2183, Page 1972, of the Public Rex~rds of Collier County, Florida. J. The Property is located within the bounds of the Coastal Area pl~nning District as creat&i by the Board of County Commissioners of Collier County, Florida, by Resolution dated August 13, 1965 and re_~_~rmed by Resolution dated May 4, 1976, and recorded in O.R. Book 649, Page 1239, oftbe Public Records of Collier County, Florida. K. preliminary Development Agreement entered into between Westinghouse Communities of Naples, Inc., as developer of a proposed pwject known as Pelican Marsh, and the State of Florida Department of Community Affairs recorded June 1 l, 1993, in O.R. Book 1835, Page 375, of the Public Records of Collier County, Florida. L. Grantee from the date of this Warranty Deed to August l, 2000 (the "Restricted Period"), shall not construct or operate a destination resort hotel on the Pwperty comparable in quality to the Ritz-Carlton beach hotel currently located on Vanderbilt Beach Road in Naples, Florida. Further, Grantee during the Restricted Period, shall not convey the Property or any portion thereof to any person, party or entity for the purpose of constructing or operating a destination resort hotel on the Pwperty comparable in quality to thc Ritz-Carlton beach hotel currently located on Vanderbilt Beach Road in Naples, Florida. During the Restricted Period all deeds conveying thc Property or a portion thereof shall contain a covenant pwhibiting the purchaser of the Property from constructing or operating on such Property a destination resort hotel comparable in quality to the Ritz-Carlton beach hotel currently located on Vandcrbilt Beach Road in Naples, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anyway appertaining. TO HAVE AND TO HOLD, the pWperty in fee simple forever. Icga~oclmarsh~e~rnln$ ccfltcf ofle~h~c(i OR: 2552 PG: 0994 Oranteo Is hereby notified that (1) tho Prop~ty Orantee is purchasing is located within a hurrican'~wulnerability zone; (2) thc hurricane evacuation time for the Southwest Florida Region is high; and (3) hurricane shelter space is limited. GRANTEE IS REQUIRED TO INCLUDE THIS NOTIFICATION IN ANY SUBSEQUENT DEEDS CONVEYING A PORTION OR ALL, OF THE PROPERTY. Grantor hereby covenants with Grantee that Grantor is lawfully seized of thc Pwperty in fee simple; that Grantor has good right and lawful authority to sell and convey thc Pwpcrty; that Grantor hereby fully warrants title to the property and will defend same again.st the lawful claims of all persons whomsoever, and that the Pwperty is free from all encumbrances, except ~s otherwise noted above. IN WITNESS WHEREOF, the Crrantor has caused these presents to be executed in its name and its corporate seal to bo hereunto affixed, by its proper officer thereunto duly authorized, the day and year first above wfittem Signed, sealed and delivered in the presence off WCI COMMUN1TIF~ LIMITED PARTNERSHIP, a Delaware !{mitcd partnership *Executed pursuant to ~uthorit~ 8~nted in tlmt cemln C-~tifi~ of Authority/Power of Attorney recorded in Official R~cords Book 2457, Pa~e 2571, of tho Public Records of Collle~ Couaty, Flodda. STARE OF FLORIDA COUNTY OF LEE The foregoing Warranty Deed was acknowledged before me by Albert F. Moscato, Jr., as Vice President of WCI Communities Limited Partnership, a Delaware limited partllership, on behaif of thc limited partnership. He is personally known to me. W~TNESS my hand and officiai seal this .. {~,p~o,~ Carln A* RuPP-- My Co~ssion ~pkcs: ~ dayofMay, 1999. ' Notary Public, Stat~ o{~l%fida Printed Name of Nota~ Public Ic~l~pdmarshV~amin8 center ond~leed "'°'~:' -'.'-: "':~'.~"'~-:.' ::~::';J~.~.:.~:-:'Z"~.P:";"~:.;~'L'~'.~:t'.':' ;,~;'.:~':.!~l'k.(]';¢.",,"..:~."~:'.f~';:.,::::~:,~ c~' ,:.'.,:,~.,-"C.'~. PI.^NNURN: E, NVIIO,.'iHMIt. NI',~I. C...~t.)NRUL'I',~i4'i~. ~, Uescnptioi~ et Yart o,r Sectlon'~lS, To~nsh~ ;48 Soum ' Range 25 East, Collier County. ~'iorida ~ . Pelican IV[arch Learning Center Phase ! All Oat part et'Section 35. Town'ship 48 South, Range 25 East, Collier Coumy, Florida and being more particularly described as FoJJows: Conunenci,g at the southeast corner et'said Section 35; thence along the south line oFsaid Section .15. South 89°38'$4" West I00.00 £eet to a point on the west right-of-way I|ne ot',6Jrport-Pulllng Road (CR 3 i); thence continue along said section line, South 890311'54,' West 771.70 feet; · /'* thence leaving said seollon line, North 00'21'06" W~t ]60.00 feel; thence South g9e38'54" West 409.51 real to the Point of'Beginning el'ih° parcel herein described; thence South 89'38'54" West 804.26 Feet;' thence Noah 00°20'3.1" West $2~.25 feet to a point et'curvature; thence easterly 38.79 l'e~t along the arc ora non-tangential circular curve concave northerly having a radius o1'471.79 Feet through a central angle ot'04°42'4 i" and being subtended by clmrd which bears South 81°1 i'23" East 38.78 Feel; thence easterly 122.14 Feet along the are o£a non-t.a.ngentlai circular curve concave northerly having a radius o1"957.50 £eet through a central angle of'07°l 8'32" ahd being subtended by a chord which bears South 87e$ [ '03" ~ast i 22.06 feet; .. them°North 88°!3'42'' East 47.1.65 feet; . · ' thence easterly 85.~9 reel along the arc ol'a non-tangential circular curve concave northerly having a radius of'747.92 reel lhrough a central angle of'05'38'27" and being subtended by chord which bears North 85°08'57" East 86.¢f4 , thence easterly 64.34 t'eet along the arc ora non-tangential circular curve concave northerly, havinga radius of 317.70 Feet through a central angle of' I 1°35' !0" and being subtended by a chord which bears North 75° 11 '46" -East 54.23 Feet; . thence northeasterly 27.9~ I'eet along the arc ot'a non-tangential circular curve concave northwesterly, having a radius of 59.34 Feet through a central angle of 26°59'59'' and being subtend~l by a chord which.bears North $2°05'39'' East 27.71 Feet; Ih°nc° along a non-tange;llial line South 00*20'33" East 556. I 9 I'eel to ih° Point Subje~ Io easements and restrictions of'record. Containing 9.66 acres more or less. l~earings are based on the south Line oFsaid Section 35, South 89°38'$9'' West Cenificale Ot'authorization #L13-43. WIZ, SON, MILLER, BARTON &: PEEX, INC. Registered Engineers and Land Surveyors By: 'Date John P. Maloney. P.S.M. #4493 Not valid unless cmbosscd with the ProFessional's seal. Ref. 2L-444. sheet 2 EXHIBIT A Nor PLATTED % ~45! t IOal'Of"vAr AIRPORT PULLIIIO ROAO (C.R- EXHIBIT A COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION September 5, 2001 ENGINEERING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Michael J. Landy Landy Engineering, Inc. 2780 S. Horseshoe Dr. #6 Naples, FL 34104 Re: Galleria ~ Vanderbilt Dear Mr. Landy: 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 truly yours, Shirley Nix Engineering Technician II CCi Paul Mattausch, Water Director Barbara Olko, Public Works PHONE (941) 659-5744 FAX (941) 643-6968 www. co.collier, fl.uu LANDY ENGINEERING, INC. August 31,2001 Ms. Shirley Nix Collier County Site Developmem Review 2800 North Horseshoe Drive Naples, FL 34104 Re.' GALLERIA at VANDERBILT Final SDP 2000-64 Dear Shirley: This letter is sent to confirm that final payment for all labor undersigned in connection with the design, permitting, and referenced project has been received by our office If you have any questions, please do not hesitate to call. and materials used by the construction of the above Sincc.rely, t"'~XNp~ E;tCq;:~E£1~NG, INC. : lX~chael J. Landy, P.~. cc: 315-01.40 2780 SOUTH HORSESHOE DRIVE - SUITE 6 NAPLES, FLORIDA 34104 TELEPHONE (941) 261 - 6999 FAX (941) 430 - 1664 LANUY ENGINEERING, INC. April 24, 2001 Ms. Shirley Nix Collier County Development Review Services 2800 North Horseshoe Drive Naples, FL 34104 Rel GALLERIA at VANDERBILT Pressure Testing (4" Potable Main) Final SDP 2000-64 Dear Shirley: On February 27, 2001 a pressure test was conducted on the on-site 4" potable main at the above referenced project. The test was attended by representatives of the Owner, Contractor, and Engineer of Record. During the course of the two (2) hour test, no leakage or loss of pressure was noted. This is to certify that the water main at the above referenced project has satisfactorily passed the required pressure test. If you have ?ny questions, or need any further information, please do not hesitate to call. ~NI~Y ~v_14 GINI?.E~ IN G, INC. ~ael J. ~_,andy,/P~E. · -,,' '-No. 41075 Reg'~tered State of Flohda cc: 5-01.40 2780 SOUTH HORSESHOE DRIVE - SUITE 6 NAPLES, FLORIDA 34104 TELEPHONE (941) 261 - 6999 FAX (941) 430 - 1664 FIELD TEST REPORT DATE' %' i""' PROJECT' TEST PERFORMED ALLOWABLE LEAKAGE · CALCULATIONS · ACTUAL LEAKAGE' CALCULATIONS · TEST SUPERVISED BY · REMARKS / NOTES · LANUY ENGINEERINL , INC. April 24, 2001 Ms. Shirley Nix Collier County Development Review Services 2800 North Horseshoe Drive Naples, FL 34104 Re: GALLERIA at VANDERBILT Pressure testing (8" Fire Main) Final SDP 2000-64 Dear Shirley: On March 13, 2001 a pressure test was conducted on the on-site 8" fire main at the above referenced project. The test was attended by representatives of the Owner, Contractor, and Engineer of Record. During the course of the two (2) hour test, no leakage or loss of pressure was noted. This is to certify that the water main at the above referenced project has satisfactorily passed the required pressure test. If you have any questions, or need any further information, please do not hesitate to call. *r~chacl J. Land~, Registered Engineer No. 41075 State of Florida cc: 5-01.40 2780 SOUTH HORSESHOE DRIVE - SUITE 6 NAPLES, FLORIDA 34104 TELEPHONE (941) 261 - 6999 FAX (941) 430 - 1664 FIELD TEST REPORT DATE · TIME · TEST PERFORMED ALLOWABLE LEAKAGE · JOB NO. ~ -ct .~-~, CALCULATIONS · ACTUAL LEAKAGE · CALCULATIONS · TEST SUPERVISED BY · REMARKS / NOTES · LANUY' ENGINEERING, INC. January24,2001 Ms. Shirley Nix Collier County Engineering 2800 N. Horseshoe Drive Naples, FL 34105 Re: GALLERIA at VANDERBILT S.D.P. 2000-64 Utility Dedication (Phase 1 - 8" fire main only) Certification of Pressure Testing Dear Shirley: On December 18, 2000 a pressure test was conducted on a portion of the 8" fire main at the above referenced project (between the tie-in point and the 8" detector check assembly). The test was attended by representatives of the Owner, Contractor, Collier County Compliance Services and the Engineer of Record. During the course of the two (2) hour test, no leakage or loss of pressure was noted. This is to certify that this section of the fire main at the above referenced project has satisfactorily passed the required pressure test. If you have any questions, or need any further information, please do not hesitate to call. :~incerely, I,AI~D¥~ENGI1NW. ERiNG, INC. YM;chael'~ D}nd~, P: E. cc: 5-01.40 2780 SOUTH HORSESHOE DRIVE - SUITE 6 NAPLES, FLORIDA 34104 TELEPHONE (941) 261 - 6999 FAX (941) 430 - 1664 FIELD TEST REPORT DATE' PROJECT' ~D/~'t,~r_'Y,-~ ~/P.~geYUS~uT ~DP ~ '2_coo- G4r TEST PERFORMED · p(t.~.$$c¢.,6 T ST ALLOWABLE LEAKAGE: CALCULATIONS · JOB NO. ~'-oI .~0 ACTUAL LEAKAGE · D CALCULATIONS ' TEST SUPERVISED BY · REMARKS / NOTES · Jeb Bush Governor Department of Environmental Protectiott South District P.O. Box 2549 Fort Myers, Florida 33902-2549 May 30,2001 David B. Struhs Secretary Joseph E. D'Jamoos, President Colony Corporate Center, Inc. 325 Sedgewick Court Naples, FL 34108 Re: Collier County_ - PW Galleria at Vanderbilt Final Completion (Collier County Regional WTP) 174123-001-DS Southwest Coast EMA Dear Mr. D'Jamoos: This acknowledges receipt of certification that the subject water distribution system extension has been completed in accordance with the plans and related materials permitted by this agency under Permit Number 174123 o001-DS dated October 20, 2000. Based on this certification and satisfactory bacteriological results, we are approving these facilities for service. Your continued cooperation in our svater supply program is appreciated. Sincerely, Professional Engineer Water Facilities OJO/MFJ CC: Michael J. Landy, P.E. Thomas E. Kuck, P.E. "More Protection, Less Process" Printed on recycled paper. Florida Department of Environmental Tx~in Towers Office Bldg, 2600 Blair Stone Road, Tallahassee, Florid 2399 DOMESTIC WASTEWATER COLLECTION/TRANSMISSION SYSTEMS--~ ;,~,, ,. ~. CERTIFICATION OF COMPLETION OF CONSTRUCTION "" '::~:! INSTRUCTIONS: This form is to be completed and submitted to the Department, prior to placing the system into operation. A collectior£;transmission system should not be placed into operation without prior Department approval. All information is to be typed or printed in mk and all blanks must be filled. Construction Permit No: 50581-236 DWC/CG Name of Prqject: Galleria at Vanderbilt Dated 09/05/00 Name of Oxvner: Colonv Corporate Centre, Inc. Name of desi~ engineer and Florida registration number (if different from engineer sigrdng certification): Michaei J. Landv, P.E. ~M. 1075 Dale(s) connection to existing system or treatment plant: May. 2001 Treatment plant serving project Name: North ConnW Reeional Water Relamafion Facility County: Collier City: N/A DEP Identification Number (also 'known as WAFR or GMS Identification Number): PLA 014139 Substantial deviations from the approved plans and specifications (attach additil ets if required): Minor site plan changes DEP Form 02-604 300(7)(b} Effective June I, 1992 pag~,Ro~CEIVED Ccn[r al Disuicl 3319 M~guke Blvd. Suile 232 Orlando. Florida 32803-3767 407-894-7555 Southwest Disu'ict 3804 C~onut Palm Drive Tampa. Florida 3361942 t ~ ~ [ 3-744-6100 South District 2295 Victoria Ave. Suite Fort Myers. Florida 33901 813-332~6975 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the Final payment in the amount off Ninety Three Thousand Six Hundred Fifty Nine Dollars and 33/100 ($93,659.33) hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to: D' Jamoos Jerulle Construction Company on the job off Vanderbilt Galleria to the following described property: "Vanderbilt Galleria" 9080 Galleria Drive, Naples, Florida, Part of Section 35, Township 48 South, Range 25 East, Collier County, Florida, Recorded in OR Book 2717, Pages 1256 through 1258 and Pages 0917 through 0919 of the Public Records of Collier County, Florida. Dated on January 17, 2001 PriLa/. I~ev!n~n Title: ~ent STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on January 17, 2001 by Kevin Jensen, as President of JENSEN UNDERGROUND UTILITIES, INC., a Florida Corporation, on behalf of the corporation. He is personally known to me and did not take an oath. Notcay Public - State of Flafda My Cco~mrnission ~ Jtffl 1, ~ omm~ion # CC 842278 Print: Donna L. Lundgren State of Florida at Large (Seal) My Commission Expires: NOTE: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. Stere of Floride Department of Health Office of Lab~rstory Services Jacksonville, #iami, Pensacola Tampa, West Palm Beach DRINKING WATER BACTERIOLOGICAL ANALYSIS FOR LAB USE ONLY Press hard, (5) copies SYSTEM NAME: SYSTEM I.D. NO: SYSTEM PHONE #: ADDRESS: COUNTY: DISTRICT: COLLECTOR: COLLECTOR PHONE #: SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: TYPE OF SUPPLY(Circle one): l;°~lTLUQjty..~.t~, system''~ Noncommunity water system Nontransient - noncontmunity water system Private well Swimming pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement ,M~in c[~?nce Well survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health unit TO BE COMPLETED BY COLL_ECTOR OF SAMPLE TO-*6E COMPLETED BY LAB ANALYSIS METHOD: MF MTF MMO-MUG PA COLL. SAMPLE POINT Cl NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COL!I SAMPLE NUMBER ? i I Results in this column are presumptive. Total coliform and fecal coliform or . coli confirmation will fol[ow in 24-48 hours. P - Coliforms are present C - Confluent growth TA - Turbid, Absence of gas or acid A - CoIiforms are absent TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES State of Ftoridm Department of Health Office of Laboratory Services Jacksonville, Hiami, Pensacola Tm~pa, West Palm Beach DRINKING WA TER BACTERIOLOGICAL ANALYSIS FOR LAB USE ONLY Press hard, (5) copies SYSTEM NAME: SYSTEM I.D. NO: SYSTEM PHONE #: ADDRESS: COUNTY: DISTRICT: COLLECTOR: ~ COLLECTOR PHONE #: SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: ~ : : ~,,~ TYPE OF SUPPLY(Circle one): Cg[nmunity water system Noncommunity water system Nontransient - noncommunity water system Private well Swi~ing pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement ~Main clearance Well survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health unit TO BE COMPLETED BY COLLECTOR OF SAMPLE _ TO ,BE, COMPLETED BY LAB __ANALYSIS METHOD: M~ MTF MMO-MUG PA COLL. SAMPLE POINT Cl NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER Results in this column are presumptive. Total coliform and fecal coliform or E. coli confirmation will follow in 24-48 hours. P - Coliforms are present C - Confluent growth TA - Turbid, Absence of gas or acid A - Coliforms are absent TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES ENVIRONMENTAL QUALITY LAB 1009 Tamiami Trail Port Charlotte, FL 33953 DOH #85086 DRINKING WA TER BA CTERIOL OGICA LANA L YSIS FOR LAB USE ONLY LAB CERTIFICATION #85086 SYSTEM NAME: ADDRESS: COLLECTOR: Press hard, (5) copies TYPE OF SUPPLY(Circle one): ,~~m TYPE OF SAMPLE(Circle one): SYSTEM I.D. NO: SYSTEM PHONE #: COUNTY: ~ //,' i? ~ DISTRICT: COLLECTOR PHONE #: ~ Noncommunity water system Nontransient - noncom~unity water system Private well Swimming pool Bottled water Limited Use system Compliance Repeat Replacement (.~ain c~e Well survey Other (Check Box) ~ [ ] Distribution [ ] Check here if payment made [ ] Raw - to county public health unit TO BE COMPLETED BY COLLECTOR OF SAMPLE COLL. NO. SAMPLE POINT (Specific Address) * Results in this column are presumptive. P - Co[iforms are present A - Coliforms are absent ~JS'D pH TO BE COMPLETED BY LAB ANALYSIS METHOD: MF MTF MMO-MUG PA NON CONFIRM CONFIRM '- COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER Total coliform and fecal coliform or E. coLi confirmation will follow in 24-48 hours. C - Confluent growth TA - Turbid, Absence of gas or acid TNTC - Too numerous to count INVOICE ADDRESS (i~ffe.~rent than a_~ddress below): ~/~~e INTERPRETATIONS-REMARKS BY PP. OGRAM REVIEWER Released .B~...~ / .... Date&Time: ive, By: Released By: Date&Time: Received By: NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES ENVIRONMENTAL QUALITY LAB 1009 Tamiami Trail Port Charlotte, FL 33953 DOH #85086 DRINKING WATER BACTERIOLOGICAL ANALYSIS SYSTEM NAME: ADDRESS: COLLECTOR: SAMPLE SITE (Locality or Subdivision): bic'~l,~,~ Press hard, (5) copies FOR LAB USE ONL~/~/¢ LAB CERTIFICATION #85086 SYSTEM I.D. NO: SYSTEM PHONE #: COUNTY= ~ ([ ~ ~..¥'~' DISTRICT: COLLECTOR PHONE #: ,~'7~L TYPE OF SUPPLY(Circle one): ~nity water sys.~,~. Noncommunity water system Drivate well Swimming pool Bottled water TYPE OF SAMPLE(Circle one): COLL. NO. Comptiance (Check Box) [ ] Distribution [ ] Raw Nontransient - nonconmnunity water system Limited Use system Repeat Replacement --~) Well survey Other ..~ ""~ [ ] Check here if payment made ~ to county public health unit TO BE COMPLETED BY LA_IJ~-----"~ ANALYSIS METHOD: MF MTF ~MMO-MUGjJ PA NON CONFIRM CONFIRM -- COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER ,,¢- ! I / I TO BE COMPLETED BY COLLECTOR OF SAMPLE Total coliform and fecal coliform or E. coti confirmation will follow in 24-48 hours. C - Confluent growth TA - Turbid, Absence of gas or acid TNTC - Too numerous to count ~ ~ . INTERPRETATIONS-REMARKS BY PROGRAM REVIEWER ~_~ ~ v Date & ~me:~" I~ / ~..~.---- Received By: ~~ Date&Time. ~/v' , I~ SAMPLE POINT (Specific Address) Results in this column are presumptive. p - Coliforms are present A - Coliforms are absent INVOICE ADDRESS (if different than address below): Released By: ~_~..------- Date& Time:.~/~/~f/ ~¢';'~---/-,/Received By: Released By: Date & Time: NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES J ~__NDERGROUND UTILITIES INC. 5585 TAYLOR ROAD · NAPLES, FLORIDA 34109 · (941) 597-0060 ° FAX (941) 597-0061 VERIFICATION OF FINAL COST FOR WATER FACILITIES ACCEPTANCE Vanderbilt Galleria 9080 Galleria Drive Naples, FL Landy Engineering, Inc. GENERAL CONTRACTOR D' Jamoos Jerulle Construction P.O. Box 770090 Naples, FL 1 Ea. 8" 80 L.F. 8" 1 Ea. 8" 1 Ea. 8" x 4" 1 Ea. 10" x 6" 1 Ea. 4" 10 L.F. 6" 10 L.F. 4" 1 Ea. 4" 1 Ea. Backflow Preventer Assembly w/Connections 18,910.00 18,910.00 C-900 CL 200 12.75 1,020.00 90° Bend 280.00 280.00 Tee 340.00 340.00 Tapping Sleeve & Valve 3,340.00 3,340.00 Domestic Meter Assembly 13,270.00 13,270.00 C-900 CL 150 8.00 80.00 C-900 CL 200 6.75 67.50 90° Bend 195.00 195.00 Fire Hydrant 1,300.00 1,300.00 WATER TOTAL 38,802.50 CERTIFIED UNDERGROUND UTILITY: CU C044996 · FIRE SPRINKLER CONTRACTOR V: 117961000192 J '~NDERGROUND UTILITIES INC. 5585 TAYLOR ROAD · NAPLES, FLORIDA 34109 ° (941) 597-0060 · FAX (941) 597-0061 VERIFICATION OF FINAL COST FOR SEWER FACILITIES ACCEPTANCE Vanderbilt Galleria 9080 Galleria Drive Naples, FL Landy Engineering, Inc. GENERAL CONTRACTOR D' Jamoos Jerulle Construction P.O. Box 770090 Naples, FL 6 Ea. 2 Ea. 1 Ea. 1 Ea. 1494 L.F. 285 L.F. 110 L.F. 16 Ea. 740 L.F. 16 Ea. 17 Ea. 8" 8" 8" x 6" 6" 6" 6" Sanitary Manhole 0/6 Sanitary Manhole 6/8 Sanitary Manhole 8/10 Sanitary Manhole 10/12 P.V.C. (SDR 26) 0/6 P.V.C. (SDR 26) 6/8 P.V.C. (SDR 26) 8/10 Wye P.V.C. (SDR 26) 45° Bend Cleanout Assembly 1,390.00 8,340.00 1,605.00 3,210.00 1,970.00 1,970.00 2,490.00 2,490.00 14.67 21,916.98 14.67 4,180.95 14.67 1,613.70 86.92 1,390.72 9.50 7,030.00 31.53 504.48 130.00 2,210.00 SEWER TOTAL 54,856.83 CERTIFIED UNDERGROUND UTILITY: CU C044996 · FIRE SPRINKLER CONTRACTOR V: 117961000192 LANDY ENGINEERING, INC. April 24, 2001 Ms. Shirley Nix Collier County Development Review Services 2800 North Horseshoe Drive Naples, FL 34104 Rc: GALLERIA at VANDERBILT Utilities within easements ,certification Final SDP 2000-64 Dear Shirley: The undersigned certifies that the subject 4" master water meter is located 'Within the appropriate rigb.~7of-way or easements (C.U.E.) as shown on the attached Record Drawings. If ;~ou ha'~ an¥.~.Uest-ior~, please do not hesitate to call our office. Regisfei'ed_E~g/neer No_ 4'1075 State.of Florida .~ cc: 5-01.40 2780 SOUTH HORSESHOE DRIVE - SUITE 6 NAPLES, FLORIDA 34t'04 TELEPHONE (941) 261 - 6999 FAX {941) 430 - 1664 UNDERGROUND UTILITIES INC. 5585 TAYLOR ROAD · NAPLES, FLORIDA 34109 ° (941) 597-0060 ° FAX (941) 597-0061 January 17, 2001 Landy Engineering 2780 S. Horseshoe Drive Naples, FL 34104 RE: One Year Warranty- Vanderbilt Galleria The undersigned warrants all its work performed, and all the materials and equipment furnished, in connection with the above referenced project to be free from all defects in material workmanship for a period of one (1) year from the date of acceptance by the Jurisdicting Authority. Additionally, the undersigned agrees to remedy all defects arising within that period at its expense. The term "defects" shall not be construed as embracing damage arising from misuse, negligence, acts of God, normal wear and tear or failure to follow operating instructions. BY: -~"~' TITLE: President CERTIFIED UNDERGROUND UTILITY: CU C044996 · FIRE SPRINKLER CONTRACTOR V: 117961000192 9ENT BY: JENSEN UNDERSRO~ND; ~4! 597 006~; JUL-t6-O~ t5:t3; PAGE 1/t ~'0 L~,CI?L,,, ,:O&?O L,(, Lq~,r-', JL~S~N UNDEflGFIOUND UTlltliS. INC. Collier County Utilidcs Billiug Date T¥~ Reference 06/15/200l Bill 00-100Jul0 7/16/2001 Original Amt. Balance Due Discount 73.96 73.96 Cheek Amount 18974 Payment 73.96 73.96 Communivd B~ak of 00-1 O0 Van C3all~ia, Collier Cowry Utilities Bill~g .~/16/200 Date '1~ Refe~n~ ~ain~ ~t B~ Due C:::'~ ~"D~co~t al, 'oo-,oo o c'%:":' ~, V,.3 ~Ch~ ~o~ 'C' ,, i ~ '~ f'"'.",.., '? i ~.~ ..... ' ~ ~, ~ ,~ c.:-='.:.~ (,,,_...,:? .... ............ ~ '~ '~ '""'.3 ~'. 73,96 18974 Payment 73.96 73.96 73.96 FIRE PREVENTION BUREAU 1780 Immokalee Road · Naples, Florida 34110 (941) 597-9227 · Fax (941) 597-3522 Rescue June 27, 2001 Landy Engineering, Inc. 2780 S. Horseshoe Drive, Suite 6 Naples, FL 34104 Re: Fire Hydrant Acceptance for Galleria at Vanderbilt ~ 8950, 8955, 8960 8970, 8980, 8990, 9115, 9125 Fontana Del Luna Court & 9010, 9015, 9020, 9045, 9050, 9065, Strada Stella Court. (941) 430-1664 Dear Sir, The North Naples Fire Control and Rescue District has inspected for ownership and maintenance on the above hydrants. We have received payment for the above hydrant(s) and now accept ownership and maintenance. $125.00 per hydrant times number of hydrants 14 = $1,750.00 $ 23.00 per thrust block times number of hydrants 14 = $ 322.00 One Flow Charge at time of acceptance of $35.00 = $ 35.00 Following are the results of the flow test: Total: $2,107.00 (Paid ck #1446) 8950 Fontana Del Sol Way: 8955 Fontana Del Sol Way 9115 Fontana Del Sol Way Static: 60 Resid: 44 Static: 60 Resid: 44 Static: 60 Resid: 44 Flow: 817 Pitot: 30 Flow: 817 Pitot: 30 Flow: 817 Pitot: 30 8960 Fontana Del Sol Way: 8970 Fontana Del Sol Way 9125 Fontana Del Sol Way Static: 60 Resid: 44 Static: 60 Resid: 44 Static: 60 Resid: 44 Flow: 817 Pitot: 30 Flow: 817 Pitot: 30 Flow: 817 Pitot: 30 8980 Fontana Del Sol Way: 8990 Fontana Del Sol Way Static: 60 Resid: 44 Static: 60 Resid: 44 Flow: 817 Pitot: 30 Flow: 817 Pitot: 30 Page 2 of 2 Hydrant Acceptance 9010 Strada Stella Court 9015 Strada Stella Court Static: 60 Resid: 44 Static: 60 Resid: 44 Flow: 817 Pitot: 30 Flow: 817 Pitot: 30 9045 Strada Stella Court 9050 Strada Stella Court Static: 60 Resid: 44 Static: 60 Resid: 44 Flow: 817 Pitot: 30 Flow: 817 Pitot: 30 9020 Strada Stella Court Static: 60 Resid: 44 Flow: 817 Pitot: 30 9065 Strada Stella Court Static: 60 Resid: 44 Flow: 817 Pitot: 30 If you have any questions, please do not hesitate to give me a call at 597-9227. Sincerely, Karl K. Reynolds, Fire Mh'yohal Fire Prevention Bureau KKR/dw pd Check # 1466 LANDY ENGINEERING, INC. July 16, 2001 Ms. Shirley Nix Collier County Engineering 2800 N. Horseshoe Drive Naples, FL 34105 Re: GALLERIA at VANDERBILT Pelican Marsh PUD Fire Flow Certification Dear Shirley: We have reviewed fire flow tests provided by North Naples Fire Department for the above referenced project. This letter is sent to certify that the fire flow provided to the site is greater than or equal to that required. If you have any questions, or nerd any further information, please do not hesitate to call. Sincerely. ~ ~..~ AN~}5~ 'I~GINEERING, INC. ' ~v?ichae, J. Land¥~p.E. profess~omq! Engi~er No. 41075 State of Florida 2780 SOUTH HORSESHOE DRIVE- SUITE 6 NAPLES, FLORIDA 34104 TELEPHONE (941) 261 - 6999 FAX (941) 430 - 1664 TI=RT AND MAINTENANCE REPORT CUSTOMER: STREET ADDRESS: MAILING ADDRESS: LOCATION OF ASSEMBLY: TYPE OF ASSEMBLY: MANUFACTURER: ~ TEST GAUGE MANUF DC [] PVB [] AVB [] SIZE: /._{. MODE~(~C~ .... SERIAL N i~"! 5 ~ GAUGE SERIAL NO: Check Valve #1 Relief Valve Check Valve #2 Pressure Vacuum Breaker [] leaked [] leaked Air Inlet: did not open [] ~,;. closed tight opened at: ,-~, (.P. psi '~ closed tight opened at __ psi gauge pressure across did not open [] gauge pressure across Check Valve: leaked I-I. check valve. 5.0 ..psi check valve~ psi held at psi [] cleaned only [] cleaned only [] cleaned only [] cleaned only Replaced: Replaced: Replaced: Replaced: rubber kit [] rubber kit [] rubber kit [] rubber kit [] CV assembly [] RV assembly [] CV assembly r"l cv assembly [] or or or disc, air inlet [] disc [] disc [] disc [] disk, CV [] O-rings [] diaphragm (s) [] O-rings [] seat, CV [] seat [] seat [] seat [] spring, air inlet [] spring [] spdng [] spring [] spdng, CV [] stern/guide [] guide [] stern/guide [] retainer [] retainer [] O-dngs [] retainer [] guide [] lock nuts [] Other [] lock nuts [] O-rings [] Other [] Other [] Other [] Gauge pressure across Relief valve opened at Gauge pressure across air inlet ~ psi check valve ~ psi psi check valve ~psi check valve ~ psi NOTE: All repairs shall be completed within five (5) working days. REMARKS: I hereby certify that this data is accurate and reflects the proper operation and maintenance of the assembly. TESTER: .~__ ~, LoC I~,,,.J CERT. No: i~01oo45¢q DATE: ~- TIME: TI=RT AND MAINTENANCE REPORT CUSTOMER: STREET ADDRESS: MAILING ADDRESS: LOCATION OF ASSEMBLY: TYPE OF ASSEMBLY: MANUFACTURER: ~ TEST GAUGE MANU~ DC [] PVB [] AVB [] SIZE: MODEl otc)~ e/'~.~__ SERIAL N , GAUGE SERIAL NO:~-- Check Valve #1 Relief Valve Check Valve #2 Pressure Vacuum Breaker [] leaked [] leaked Air Inlet: did not open [] closed tight opened at: ~). O psi ~ closed tight opened at ~ psi gauge pressure across did not open [] gauge pressure across Check Valve: leaked [] check valve..~'/-¢ -psi check valve I..~' psi held at __ psi [] cleaned only [] cleaned only [] cleaned only [] cleaned only Replaced: Replaced: Replaced: Replaced: rubber kit [] rubber kit [] rubber kit [] rubber kit [] CV assembly [] RV assembly [] CV assembly [] CV assembly [] or or or disc, air inlet [] disc [] disc [] disc [] disk, CV [] O-rings [] diaphragm (s) [] O-rings [] seat, CV [] seat [] seat [] seat [] spring, air inlet [] spring [] spdng [] spring [] spring, CV [] stem/guide [] guide [] stem/guide [] retainer [] retainer [] O-rings [] retainer [] guide [] lock nuts [] Other [] lock nuts [] O-rings [] Other [] Other [] Other [] Gauge pressure across Relief valve opened at Gauge pressure across air inlet ~ psi check valve psi psi check valve ~psi check valve ~ psi NOTE: All repairs shall be completed within five (5) working days. REMARKS: I hereby certify that this data is accurate and reflects the proper operation and maintenance of the assembly. TESTER: ~.--.q.\~--~--o~-\c"~c~ CERT. No:~O''t°°~-~ DATE: - _ I-1~-2~3Ol TIME: 7_: I ,~ TF-~T AND MAINTENANCE REPORT CUSTOMER: STREET ADDRESS: MAILING ADDRESS: LOCATION OF ASSEMBLY: TYPE OF ASSEMBLY: RP MANUFACTURER: ~'~-~::~C.. C) TEST GAUGE MANUF DC [] PVB [] AVB [] SIZE: "~" MODEl ~..?_.S ~/_ .. SERIAL N , GAUGE SERIAL NO: r Check Valve #1 Relief Valve Check Valve #2 Pressure Vacuum Breaker [] leaked [] leaked Air Inlet: did not open [] ~.. closed tight opened at: ~ .'2.. psi .~ closed tight opened at ~ psi gauge oressure across did not open [] gauge pressure across Check Valve: leaked [] check valve. -I. ?.. psi check valve ~' t.~ psi held at ~ psi # [] cleaned only [] cleaned only [] cleaned only [] cleaned only Replaced: Rep laced: Replaced: Replaced: rubber kit [] rubber kit [] rubber kit [] rubber kit [] CV assembly [] RV assembly [] CV assembly [] CV assembly [] or or or disc, air inlet [] disc [] disc [] disc [] disk, CV [] O-rings [] diaphragm (s) [] O-rings [] seat, CV [] seat [] seat [] seat [] spring, air inlet [] spring [] spdng [] spdng [] spdng, CV [] stern/guide [] guide [] stern/guide [] retainer [] retainer [] O-dngs [] retainer [] guide [] lock nuts [] Other [] lock nuts [] O-rings [] Other [] Other [] Other [] Gauge pressure across Relief valve opened at Gauge pressure across air inlet psi check valve psi ~ psi check valve ~ psi check valve psi NOTE: All repairs shall be completed within five (5) working days. REMARKS: I hereby certify that this data is accurate and reflects the proper operation and maintenance of the assembly. TESTER: ~--¥\~--- ~o~.~.¢~ CERT. No: I,~o'1-¢)c~4~q DATE: --~_ I-.~ '7-2(~O1 TIME: .... ;2/. ~)~. LANUY ENGINEERING, INC. April 24, 2001 Ms. Shirley Nix Collier County Development Review Services 2800 North Horseshoe Drive Naples, FL 34104 Re: GALLERIA at VANDERBILT Sewer Infiltration Testing Final SDP 2000-64 Dear Shirley: On March 13 & March 14, 2001 an infiltration test was conducted on the on-site 8" gravity sewer main at the above referenced project. The test was attended by representatives of the Owner, Contractor, Collier County Compliance Services and the Engineer of Record. This is to certify that the sewer main at the above referenced project has satisfactorily passed the required infiltration test. If you hx,/v any questions, or need any further information, please do not hesitate to call. ~.AN I~Y/gl~GtNEE [~NG, INC. Registered Engineer' No. 41075 Stare-of Florida cc: 5-01.40 2780 SOUTH HORSESHOE DRIVE - SUITE 6 NAPLES, FLORIDA 34104 TELEPHONE (941) 261 - 6999 FAX (941) 430 - 1664 FIELD TEST REPORT DATE' TIME · TEST PERFORMED · ALLOWABLE LEAKAGE · JOB NO. _~'-ot "~'o CALCULATIONS · ACTUAL LEAKAGE · CALCULATIONS · TEST SUPERVISED BY · REMARKS / NOTES · 4.70 COAL TAR-EPOXY C:200 PJ, tt Y ~ ~ PRODUCT tN~~TION 4,70 · COAL TAR EPOXY C-200 2c~ C~d Te~ F-4w~ C,~X) (~ ~.g · le.~ W d~Jc~ 4.70A CQAL TAR EPOXY C-200 ~ 4.TO& 2C~J t,l~A, ~ on t~z, 4,70A COAL TAR EPO~.' Y C-200 COLLIER COUNTY UTILITIES WASTEWATER DEPARTMENT PROJECT VIDEO REVIEW DATE OF REVIEW: PROJECT NAME: ENGINEER OF RECORD: 5/7/2001 Galleria (~ Vanderbilt (North) Private CONSTRUCTION CONTRACTOR: VIDEO CONTRACTOR: Sewer Viewer COMMENTS: Lines and services acceptable ACCEPTABLE: REVIEW NUMBERED COMMENTS IN ONE YEAR: NUMBERED COMMENTS UNACCEPTABLE: (REPAIR/REPLACE): OTHER RECOMMENDATIONS: Signature: David Fitts COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION July 12, 2001 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Michael J. Landy Landy Engineering, Inc. 2780 S. Horseshoe Dr. #6 Naples, FL 34104 RE: Galleria ~ Vanderbilt, Water and Sewer Dear Mr. Landy A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering Review Section of the Planning Services Department on July 12, 2001. Conditions were found to be acceptable, and appear to meet County standards. If you have any questions, please do not hesitate to call Randy Casey at (941) 403-2418. Sincerely Randy Casey Engineering Inspector CC: Lisa Taylor, Engineering Technician, Public Works Joe Cheatham, Wastewater Director, Utilities A1 VanderMaulen, Wastewater Paul Mattausch, Water Director, Utilities Diane Deoss, D.O.R. Billing Supervisor Don Nobles, Engineering Inspections Supervisor Randy Casey, Engineering Inspector Shirley Nix, Engineering Tech. II, Engineering Review Section File PHONE (941) 403-2400 FAX (941) 643-6968 www. co.collier, fl.us F~ PHONE NO. : 4301664 Mar. 13 2001 12:43PM P1 WiispnMiiler " Description of Part of Section 35 Township 48 South, Range 2S East, Collier County, Florida (Collier County Utility Easement for .Cralleria at Vanderbilt) All that part of Section 35, TQwnship 4g South, Range 25 Fast, Collier County, Florida and b~ing more particularly described as follows: Commencing at the northeast comer of Lot 63, according to the plat of VentUra'Phase Two as recorded irt Plat Book 34, pages 74 through 75, Public Records of Collier County, Florida; thence along the southerly right-of-way of Bay Laurel Drive, no~h~rly 417.98 feet along the aw of~ circular curve concave to the nonhwes~ having a radius ofgg$.00 feet through a central angle of 24o18'47" and being subtended by a chord which bears North $4°53'43' East 414.85 feet to the- Point of Beginning thence continue along said right-of-way northeasterly 40.00 feet along the arc of a circular curve concave to the northwest haviog a radius of 955.00 feet through a central angle of 2°i9'37'' and being subtended by a chord which bears North 41°34'32' East 40.00 feet; thence leaving said right-of-way along a non-tangential line South 4S°25'25'' East 15.00 feet; thence southwesterly 40.00 feet along the arc ora non-tangential circular curve concave to thc northwest having a radius of 1000.00 feet through a central angle of 02°17'31" and being subtended by a chord which bears South 4]034'32" West 40.00 feet; thence along a non-tangential line North 48°25'25" West 15.00 feet to the Point of Beg/nning; Subject to easements and restrictions of record. Bearings are based on the south line of said Section 35, South 89°3g'54'' We.vt. Certificate of authorization #LB-43. P,.~glstered Engineers and Land Surveyors lq'o~ valid unless embossed with ~¢ Professional's seal. ~IBIT 'A' Page 1 of 2 - ~ Bailey Lar~, S;~ ~ N~I~. FI~ ~I~7 ~1~9~040 ~ g41~3-5716 ~ m, wi~oflmille~ =m FROM : ALD PHONE NO. : 4501664 Mar. 13 2001 12:43PM P2 ! 00'20° 33'~ NOT PLATTED EXHIB'I'T "A" Page 2 of 2