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Agenda 01/28/2014 Item #16A41/28/2014 16.A.4. EXECUTIVE SUMMARY Recommendation to approve the transfer of the Goodland Isles, Inc. Utility Franchise to the Coon Key Pass Fishing Village Condominium Association, Inc., a Florida non - profit corporation, in accordance with Ordinance 96-06, as amended, "Section 1 -19. Application for Transfer of Franchise Certification, Facilities or Control, (E) Transfer to Homeowners' Association." OBJECTIVE: To transfer the Goodland Isles, Inc. ( "Goodland Isles ") to the Coon Key Pass Fishing Village Condominium Association, Inc. ( "Coon Key "), a Florida non - profit corporation, in accordance with Ordinance 96 -06, as amended, "Section 1 -19. Application for Transfer of Franchise Certification, Facilities or Control, (E) Transfer to Homeowners' Association." CONSIDERATION: Goodland Isles is a private wastewater utility providing service to the Coon Key Fishing Village in Goodland. The original .012MGD wastewater package plant provided sewer service to 13 small condominium units in Goodland with total average daily flows of .00IMGD. The utility was owned by Bruce and Barbara Rackouski (husband/wife), who in 2008 dismantled the original wastewater treatment plant and installed a force main from the utility's lift station along East Palm to Goodland Drive where it interconnected with the City of Marco Island wastewater force main. Due to the downturn in the economy, the property, along with the utility, was sold to Pelican Point at Goodland, LLC ( "Pelican Point "), a Trust represented by James Inglis on October 25, 2011. After lengthy discussions between Goodland Isles, Collier County Water & Wastewater Authority ( "Authority "), the City of Marco Island, the Coon Key Pass Fishing Village 110� Condominium, and county staff, the City of Marco Island took possession of all assets owned by the Goodland Isles with the exception of (1) the lift station located on the Coon Key Fishing Village property, and (2) an 80 linear feet of concrete line directly in front of the original utility plant, located on Pelican Points' property. Representatives from the utility and the condominium association agreed upon terms of a transfer of the remaining utility assets pending inspection and completion of any required repairs. Once all repairs were completed, turnover documents, including 1) a letter advising the Authority of the intent to transfer the utility, 2) the Bill of Sale signed by Goodland, 3) the Utility Easement from Collier County for the Palm Avenue right -of -way, 4) the Subordination of Mortgage, and 5) a No Lien Affidavit were executed and presented to the Authority for consideration. Collier County Ordinance 96 -06 requires that county staff present the Agreement to the Authority for consideration, and if approved by the Authority, to the Board of County Commissioners (`Board ") for final approval. On December 17, 2013, the Authority unanimously approved the turnover of the remaining assets from Goodland Isles to Coon Key. These assets (pump and lift station, and 80 linear feet of pipe segment) are described in detail in the Bill of Sale. Upon Board approval, the final turnover is complete and neither Coon Key nor Goodland Isles will have an active utility franchise, as defined within Collier County Ordinance 96 -06, as amended. The Coon Key Pass Fishing Village Condominium Association shall be solely responsible for the operating and maintenance costs associated with the lift station and described Packet Page -435- 1/28/2014 16.A.4. pipe segment, all bills for service provided by the City of Marco Island, and will be subject to all State requirements in regards to the operation and maintenance of this sanitary sewer lift station. FISCAL IMPACT: Franchise fees totaling approximately $200 annually that have historically been paid to the Collier County Utility Trust Fund will no longer be collected. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. —SAS RECOMMENDATION: That the Board approve the transfer of Goodland Isles to Coon Key, a Florida non - profit corporation, in accordance with Ordinance 96 -06, as amended, "Section 1 -19. Application for Transfer of Franchise Certification, Facilities or Control, (E) Transfer to Homeowners' Association." Prepared By: James C. French, MBA, CFM, Director of Operations & Regulatory Management, Growth Management Division/Planning and Regulation Attachments: 1) Letter of Intent 2) Bill of Sale 3) Utility Easement 4) Subordination of Mortgage 5) No Lien Affidavit Packet Page -436- 1/28/2014 16.A.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.4. Item Summary: Recommendation to approve the transfer of the Goodland Isles, Inc. Utility Franchise to the Coon Key Pass Fishing Village Condominium Association, Inc., a Florida non - profit corporation, in accordance with Ordinance 96 -06, as amended, "Section 1 -19. Application for Transfer of Franchise Certification, Facilities or Control, (E) Transfer to Homeowners' Association." Meeting Date: 1/28/2014 Prepared By Name: KovenskyKenneth Title: Management/Budget Analyst, Senior,Operations & Regulatory Management 1/17/2014 10:47:05 AM n Approved By Name: FrenchJames Title: Director Date: 1/17/2014 11:02:32 AM Name: LynchDiane Title: Administrative Assistant Date: 1/17/2014 11:31:06 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/17/2014 1:06:43 PM Name: StoneScott Title: Assistant County Attorney Date: 1/22/2014 8:12:50 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/22/2014 8:59:33 AM 11—IN Name: KlatzkowJeff Packet Page -437- Title: County Attorney Date: 1/22/2014 9:17:44 AM Name: OchsLeo Title: County Manager Date: 1/22/2014 9:37:09 AM Packet Page -438- 1/28/2014 16.A.4. CHEFFY PASSIDOMO EDWARD K. CHEFFY BOARD CERTIFIED CIVIL TRIAL LAWYER BOARD CERTIFIED BUSINESS LITIGATION LAWYER JOHN M. PASSIDOMO BOARD CERTIFIED REAL ESTATE LAWYER JOHN D. KEHOE BOARD CERTIFIED CIVIL. TRIAL LAWYER LOUIS D. D'AGOSTINO BOARD CERTIFIED APPELLATE. PRACTICE LAWYER DAVID A. ZULIAN BOARD CERTIFIED CONSTRUCTION LAWYER LISA BARN= VAN DIEN BOARD CERTIFIED REAL ESTATE LAWYER James French Director of Operations and Regulatory Management Collier County Planning Department 2800 North Horseshoe Drive Naples, Florida 34104 ATTORNEYS AT LAW 821 Fifth Avenue South Naples, Florida 34102 Telephone: (239) 261 -9300 www.napieslaw.com December 5, 2013 VIA EMAIL: 1/28/2014 16.A.4. CLAY C. BROOKER BOARD CERTIFIED CITY, COUNTY AND LOCAL GOVERNMENT LAWYER ANDREW H. REISS BOARD CERTIFIED BUSINESS LITIGATION LAWYER WILLIAM J. DEMPSEY BOARD CERTIFIED REAL ESTATE LAWYER MICHAEL W. PETTrr NICHOLAS E MIZELL BRIAN D. ORSBORN MATEO ARIAS OF COUNSEL: GEORGE L. VARNADOE JamesFrenchaeollier og v.net Re: Goodland Isles, Inc. ( "Goodland Isles "), Private Wastewater Facility Dear Jamie: As you're aware from our recent discussions, our frin represents Goodland Isles with regard to the referenced private wastewater facility (hereinafter the "Facility "), which consist of a lift station and ^ sanitary sewer pipe serving the 13 -unit Coon Key Pass Fishing Village Condominium on Goodland (the "Condominium "). The lift station is wholly located on the Condominium property, as is a small segment of the pipe. The balance of the pipe is located on property bearing Collier County Parcel No. 46372960405, which is owned by Pelican Point at Goodland, LLC ( "Pelican Point"). The location of the Facility is generally depicted on the attached and enclosed aerial photograph. The purpose of this letter is to advise you that Goodland Isles has reached an agreement to turn over control and ownership of the Facility to the Condominium. Goodland Isles has been operating at a significant loss for the last two years, and the turnover will be for no consideration and in lieu of Goodland Isles petitioning for a rate adjustment. As part of the turnover, Goodland Isles will execute and deliver a Bill of Sale in favor of the Condominium for the Facility, and Pelican Point will grant the Condominium a Utility Easement over portions of its property for the corresponding segment of sewer pipe. We will forward executed copies of these items to you as soon as they are available. Thank you for your assistance in facilitating the turnover, and please feel free to contact me directly should you have any questions or comments. Enclosure cc: Mr. James Inglis 10-1`1 Craig R. Woodward, Esquire 6378 -0001 I1157 FVe rs, mpsey , SSIDOMO, P.A. Packet Page -439- 1/28/2014 16.A.4. BILL OF SMLE KNOW A-.1 L. MEN BY THESE PRESENT TS: That OOODI ,AND ISLES. INC., A FLORIDA CORPORATION. with a business address of Attn: .lames Inglis, 300 international Parkway. Sunrise, Florida 33325, hereinafter called the "Grantor," for and in consideration, of the sum of ten dollars ($10.00) and other good and valuable considerations, the sufficiency and receipt of which is hereby acknowledged, paid to it by COON' KEG' PASS FISHING VILLAGE CONDOMINIUM ASSOCIATION., INC.. A FLOREDA NON - PROFIT CORPORATION, with a business address o3 6 i l .Palm Avenue East, 'Goodland, Florida 34140, hereinafter called the "Grantee," has granted, bargained, sold, transferred, set over and delivered, and by these presents does grab:, bargain, sell_, transfer, set over and deliver unto the Grantee all equipment, machinent. materials, goods and chattels, comprising the sanitary seweriwastewater collection system more described as follows (collectively the "Personal Property").- The pump and lift station (the "Pump Station ") located on and serving the Coon Key Pass Fishing Village Condominium property, as such property is described in the Declaration of Condominium for Coon Key Pass Fishing Village, a condominium; as recorded in Ofriciat Records Boob 972, Page 210, et seq., of the Collier County, Florida, Public Records, as amended (the "Condominium Properly " }, which Pump Station is more particularly described in that certain Operation and Maintenance Manual dated. August 2008 and issued by Q. Grady Minor ft. Associates, P.A.; and That segment of 4" force main pipe connecting the Pump Station to the 4" force main pipe owned by the CitEr of Marco Island and located within the Utility .Easement recorded .lulu 2= . 2013, in Official Records Book 49477, Page 3 716, of the Public Records of Collier County, Florida (coliectivety the "Pipe "). A portion of the Pipe is iocated within the Condominiui Property, and a portion within the boundaries of th real property described ir, the deed recorded in Official Records Book 4 74 Daet 54-, of the Public Records o.- r oliier Counts. Florida (the "613 Pain: Propert \;" Granto- ha4 obtainer an:; delivered to Granfec- an easement of even date herewit'r_: to maintain., retaai and repiact. as appronriatw, that segment of the Pip: located within the boundaries o` the 61= Palm Propertt,, . TO HAVE AND TO 1401 - _'i the same unto: the Grantee an:' its successors and/or assigns forever. and the Grantor hereby covenants to anc with the Grantee tim` is is fire lawfu owner of the said Personal Property, tha> the Persona' ProperrE is free from ail 'liens ant encumbrances: that Grantor has gooey right to sell., transfer_ and convev the Persona: Property as aforesaid, and that it will warrant and def=6 the same against the lawful claims and demands of all persons whomsoever. IN )AgTNESS WHEREOF, the Grantor has caused its corporate name to be hereunto Packet Page -440- 1/28/2014 16.A.4. subscrir)ec an it --mooratt sea' tc- Dt alllixe-f Dv it'. omce:. ner-2u-MICT Guiry auth.-Hze-'. bdkemloe�, 201 this, da-, oi- VN7171NESSEIS - -�Signa=e 5 Typ rmi-11 =ii Name Simature 1.A 2 yr.Ahr TvvedA-'ruited Nmnc T STATE OFIT�ORJDA, �01-TNT'Y OFF COLLIER GC)OD--,--kNTD ISTLES, IINC'.., a Florida By. amesin.alls, its POsilent. The foregoing i I was acknowledged -before me this Instrument 2013, by James Inglis- as President, of'Goodiand isles, inc., who [:fjl is personally knowr. to Me or has produced identification and who dididi6 not take an oath. 4'�h day of bd*-enfberr, F. Fiorids corporation., as Packet Page -441- Notar, Si�maum; I affix, seal-� cu-(d, Nainc tvDr-6: M7,-- Commission USA C. MCCURDY EE 61974 E8 W comma # 61 0 EXPIRES: Fobnm.,y 1,2017 TW Ndmy P.W ummp- Packet Page -441- This insti=ez was preparek! without opinion of title bv and after Recording Rettira to: Wifliam J. Dempsey Cheffv Passidomo, P.A. 921 Fifth Avenue South Napies, Florida 34102 (239) 261-93W UTILM'EASEMENT 1/28/2014 16.A.4. ;'4'1 THIS EASEMEN"I". granted thiss r dal= of December, 2013, by PELICAN POINT AT GOODLAND. LLC, a Florida limited liability- company, whose mailing address is -Ann: James Inglis, 300 International Parkway, Sunrise-, Florida 33325 (hereinafter referred to as "Grantor"), to COON KEY PASS FISHING VI AGE CONDOMESITM ASSOCIATIONT, INC., a Florida non-profit corporation, with a business address of 611 Paim Avenue East-1 Goodiand, Florida 34140 (hereinafter referred to as ILGrantee",1V (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) W I T N E S S E T K: Grantor, for and in consideration of TENT DOLLARS ($10.00) and other valuable consideration. paid by the Grantee, the receipt and sufficiency of which is hereby , ack-nowled ed hereby acknowledged, A*_N1 conveys, grants. bargains and selis unto the Grantee, a perpetual, non-exclusive utility easement for the purpose of maintaininL, existing underground sewer pipes (coliectivvy the "Pipe ") under, upon and across the following described lands located in Collier County, Florida, to Wit: The Westernmos-L thirti,,- z.30) ' feet of real propert�r more particulariy described. in attached Exhibit -A;" which is incorporated herein by reference (the "Easement Subject to easement::. restriction L. anc reservations o.- recor., TO Hi%-NT:- A-INT, T�C� 110-LID the sam-_ unt- 1/28/2014 16.A.4. accom modate suer residenua- unn-s o. com mercla' use,- a! t ne a a- sflaV bear tiv referenc!: 1c• aDpitcabit enuineenm�_ andl!c­ regulator` standar 1,7., 3ram L. exl)ense of such connection, mc1uciin_,r%Aqtftoir limitation impac� fees aril any, costr, o g radir f up + Zn he connection. iii. Grantol the lift. station ano, rather equipment sera the F-me ne ssitate b. t ens- o maintaining tree pipe, which expense snal'I thereafter be responsibie for the pro-rata exp f h shall b.: Q etermineoil bas-_6 or the 7atio of the number of such residential units to the thirteen 3"' residentia" Lmijs within the C"oon Rzy Pass ��IshinL Villiaue cono"CIMMIUM (in the cast can the connection, of residential unit.; to the pipe ), or rased on the reiative wastewater to be generated ranto' S en(Tineer (in the ON, th-, commercial uses., as detelrminec�- a'-,- +the professional ODImon of event of the connection of commercial uses to the Fi-pe)-, anal Iv. Grantor shall, be responsibie f€a�- raayment of wastewater transmission fees associates wi& such Tesidentia., units and!07 commercial uses.. -6 e exec ed t d IN, W'LNTSS �kljjEREOIF, the &anioir has cause- these to b ut lie a and year firs-, above written- Si SE S GRANTOR: wture TSjvdjj-nmed Nam: 7--V- sipuuwe j tV'VtVrU_ W VL1A-Kj_>_ t'cpectri>rinte,J Name PELICAN POINT AT GOODLANDI LLC� a Florida limited JiMbili onlpan�f, if tiger 1 its Mao James 11. inglis, "S ger T_ before m i, pbeftlembe-I., 2011S. bv ojii�_;- 1"Istrumen". W&� a^ d Per The forea Know Pe .1, t1l MY 04 Z� C 1. 1, - 2, "0 IR G TP eii, -r;� - , " odi n iimitec' iiahifit77 cat . 0111-, jame:- ingns, as I rest conifoam. JIMO1%d711 tO M,''. idejitjfjcaj.�.jr�, ano WnC-1 Clid"Clic, no'. take ar -,)at.-,. mtary Siana:tur-_ jaffir, sea. ' C _N w L IrAC. MCCUFDY I lvl'_� ­Ommissioll My COWA#S" If EE 861974 E)(MRES: FeMry 1, 2017 Borm TWU Notary P&M UMwwftM 6378-00014154 Packet Page -443- 1/28/2014 16.A.4. Aerc Hardware & Suppily, inc.- a Fiorida corporation ("Subordinating Party" j, as holder of the Mortgage recorded November 7. 201 in Official Records Booi: 473 �., Pa--,- 551, of the Public Records of Collier County, Florida (the "Mortga ge"), hereby subordinates its rights and remedies in and under the Mortaaae to the rights of Grantee under the attached Utility Easement.. IN WIT-NESS WHEREOF, the Subordinating Party has caused this Subordination of Mortgage to be executed this �* day of .tember, 2013. WITNESSES'. --ar Z � 6��� - Sigature 1-1 O.Ackra_ I-, 1-hoc-C.&rron Tvped/Pruited Nanic Si P'atlt Tv . ped/Pmted Name STATE OF FLORIDA CIOUNTY OF COLLIER SUBORDINATING PARTY: AERO HARMNARE & SUPPLY, INC., a Florida corporation, By 7James H-. 1�gjis, its IW Officer �Kef Execut The foregoing, instrument was acknowledged before me this dai,., of JSftember, 2013, by James Inglis, as Chic" Executive Offficc7- of Aere Hardware & Supply, Inc., a Florida corporation, who 21,'is Dersonafiv J Known io me or Lj has produced as identification and who G fi d/did not take an oath. Q Notary Signature WE- seal-! Name typed: LA_ J'iii Q USA C. MCCURDY a Iviv --ommisslor, expi- MY COMMON f EE 861974 WEE& FeWURY 1. 2017 It .4�e Bonded 7ft tio" PAM thideffff'M 637"001 #154 Packet Page -444- NO LIEN AFFIDAVIT STATE, OF FLORIDA COUNTY OF i 1/28/2014 16.A.4. Tames Inglis ( "Affiant "), as President of Goodland Isles, Inc., a Florida corporation ( "Owner "). and as Manager of Pelican Point at Goodland, LLC, a Florida limited liability company ( "Pelican Point ") being first duly sworn; deposes and says that Affiant makes these representations to Coon Key Pass Fishing Village Condominium Association, Inc.., a Florida non - profit corporation (the "Association ") with regard to the Personal Property described in the Brill of Sale of even date herewith executed by Ov%mer and with regard to the Utility Easement of even date herewith executed by; Pelican Paint and delivered to Association: 1. Owner is the only owner of the Personal Property. Pelicans Point is the only owner of the real property described in the Utility Easement (the "Easement Area "), and Affiant has full authority to execute and deliver the Bill of Sale and the Utility Easement. 2. Neither the Personal Property nor the Easement Area subject to any lien or .encumbrance (except for the Mortgage described in the Utility Easement. which has been subordinated to the rights of the Association). . Affiant has no knowledge of am. matters pending .against the Owner or Pelican Point that could give rise to a lien that would attachh to the Personal Property or the Easement Area, or cause a loss of-title. and. the Affiant- has not. and will not execute any instrument that would adversely affect the title of the Personal Propertv or the Easement Area. 4. The Owner has undisputed possession of the Personal Property - and Pelican Point has undisputed possession of the Easement Area, and there is no other person or entity_ in possession, or with any possessors' right in the Personal Property or the Easement Area. 5. There are no outstanding contracts, either oral or written.. for the fits- nishing of any labor or material to the Personal Property or the Easement Area. and all labor.. materials. or services heretofore furnished with regard to the Personal Property= and the Easement Area have been paid in full. 6. There are no existing service or maint0nance contracts af'ecting the Personal Property. T To the best of Aff3ant's knowledge, there is no civil action pending vvhicl, involves the Personal Property= or the Easement Area in any way. Affiant ,Narrarrts that each of the foregoing statements are be true and correct, and Affiant shall riwf.? Association of any changes in these representations. Pelican. Point intends for Association to rely, on these representations in accepting delivery' of the Bill of Sale and ownership and title of the Personal Property, and in accepting the Utility Easement and an easement in the Easement Area. Pelican 'Point does hereby agree to indemnify' and hold Association hamucss of and from any and all loss costs. damage; penalty and expense of every kind. including attorneys' fees. which the Association shall suffer or become liable for on account of reliance on the statements made hercir. Tam is. Presi of Goodland Isles_ Inc., a Florida co ration, and as Manager Of Pelican Point at Goodland. LLC. a Florida limited liability company 6378 -0001 #356 Packet Page -445- 20 1/28/2014 16.A.4. The faregoin eras sworn to. subscribers and acknowledged before me this dad o` December, 201: by lames Ingiis- as President of Goodlane Isles. Inc.. a Florida corporation, and as Manager o` 1?elicar- Point w Goodland. ILLC- a Pion& limited- habilin compam. whe ; is nersonaliv Imovvn or Li produced as identification. r [Notary Seal] Notan- Public Prmwd Name: UM MCCUMY MN, Commission Expires: _�" c Y f ff W11174 EXPIRES: Febnwy 1. 2017 M Tln NOW, 637s-oo01 n156 Packet Page -446- 21