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Agenda 12/13/2011 Item #16C1612/13/2011 Item 16.C.16. EXECUTIVE SUMMARY Recommendation to approve and execute the Notice of Promise To Pay And Agreement To Extend Payment of Wastewater System Impact and associated fees with Kampgrounds of America, Inc., for a payment plan amount of $155,772.49. OBJECTIVE: Recommendation to approve and execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees between Kampgrounds of America, Inc., ( Kampgrounds) and the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and the Ex- Officio the Governing Board of the Collier County Water -Sewer District (District). CONSIDERATIONS: The Consolidated Impact Fee Ordinance 2001 -13, as amended, codified Section 74 -303 D (2), provides for agreements to extend payment (offer installment payments) of water and /or wastewater system impact fees and associated costs over a period not to exceed seven years with owners of then existing buildings, structures, or applicable improvements which are mandated to connect to the regional water and /or wastewater systems. Kampgrounds owns and operates a campground at 1700 Barefoot Williams Road (parcel number 00731680003) and treats the wastewater via an on -site package treatment plant. The Florida Department of Environmental Protection issued a consent order (Case No 11- 0573 -DW) to Kampgrounds, dated July 6, 2011, requiring the property owner to divert flow from the package treatment plant to the regional wastewater collection system and decommission the package treatment facility (Exhibit A to the Executive Summary). Kampgrounds' owner contacted the District and requested extending payment of the wastewater impact fees and associated costs imposed to connect to the District's regional wastewater system. The total amount proposed in the payment plan is $155,772.49, including wastewater impact fees of $132,342.00, Allowance for Funds Prudently Invested (AFPI) of $23,355.49, and administrative expense associated with providing extended payment alternative of $75.00. The Consolidated Impact Fee Ordinance 2001 -13, as amended, codified Section 74 -303 D (2)(b) states: The amount of payment, including any title verification expenses and a reasonable estimation of the cost and expense associated with providing an extended payment alternative, shall be paid in equal monthly payments with an annual interest rate as determined by the state comptroller's office. State document stamp and recording fees will be upfront costs borne by the owner and shall be paid in full at the time the extended payment agreement is executed. The interest rate charged shall be representative of the county's cost of funds, including all expenses or costs incidental to obtaining or providing same, if any. The interest charged should be adjusted during January of any calendar year in accordance with the then applicable ordinance (currently Ordinance No. 96 -17 and No. 96 -18) and shall be based on the county's cost of funds for the immediately preceding fiscal year. Failure to make such an adjustment in any given January shall not preclude retroactive adjustments of such interest rates. On one hand, the ordinance requires the interest rate to be the interest rate established by the state comptroller's office, which is 6 %. On the other hand, the ordinance requires the interest rate to be the county's cost of funds, which at today's investment rates approximates I%. The Collier County Clerk of Courts Finance Department staff provided assistance with the county's cost of funds determination. Staff Packet Page -2171- 12/13/2011 Item 16.C.16. has developed this agreement with the annual interest rate of 1 %, with annual indexing. The recommended interest rate is consistent with recent Board- approved utility impact fee payment agreements. The owners have executed a Notice of Promise to Pay and Agreement to Extend Payment of Wastewater System Impact Fees in accordance with the requirements of Section 74 -303 D (2) of the Consolidated Impact Fee Ordinance. In addition, the owners have deposited $154.00 to cover title verification expenses and recording fees associated with providing extended payment. FISCAL IMPACT: Entering into this Agreement will defer payment of $155,772.49 over a seven year period at an interest rate representing the county's cost of funds. The components of the deferral are as follows. Fund Type Payment Plan Amount 413 Wastewater Impact Fee $132,342.00 408 AFPI $23,355.49 408 Administrative Fee $75.00 Total $155,772.49 LEGAL CONSIDERATIONS: The standard form payment plan agreement that was approved by the Board on April 16, 1991, Item No. 9. D. 2., was used to develop Kampground's agreement. Section 74- 303(d) (2) (c) allows the County Attorney to modify the standard form if a compelling reason exists to do so. Paragraph 11 is an additional term to the form and assigns the proceeds of condemnation to the County. Condemnation is not contemplated; Section 11 is just a new proposed standard provision. This item is legally sufficient and requires a majority vote for Board action - JBW GROWTH MANAGEMENT IMPACT: The Collier County Consolidated Impact Fee Ordinance No. 2001 -13, as amended, established the Board's policy that improvements and additions to the Regional Wastewater System required to accommodate future connections or demand by Wastewater System Impact Development shall be funded entirely by the revenue derived from the Wastewater System Impact Fee. Therefore, new users should pay their fair share of costs of the system. At this time it is not expected that the diminished funds in the Wastewater Impact Fee Trust account resulting from this agreement will inhibit the county's growth management or concurrency obligations. RECOMMENDATION: Approve the Notice of Promise to Pay and Agreement to Extend Payment of Wastewater System ' Impact Fees between Kampgrounds of America, Inc., 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; and, authorize the Chairman to execute the Notice of Promise to Pay and Agreement to Extend Payment of Wastewater System Impact Fees. PREPARED BY: Gilbert Moncivaiz, Impact Fee Coordinator, Public Utilities Division ATTACHMENTS: Notice of Promise to Pay and Agreement to Extend Payment of Wastewater System Impact Fees, Title Verification for Kampgrounds of America, Inc. without attachments, Kampgrounds of America, Inc. Consent Order. Packet Page -2172- Exhibit A to Executive Summary Florida Department of Environmental Protection South District Office Post Office Box 2549 Fori Myers, Florida 33902 -2549 CERTIFIED MAIL NO.: 7010 1870 0001 8477 0397 RETURN RECEIPT REQUESTED Patrick C. Hittmeier, President Kampgrounds of America, Inc. 3002 Green Terracc Billings, MT 59102 Dear Mr. Hittmeier: July 6, 2011 12/13/2011 Item 16.C.16. governor Jennifer Carroll IA. Governor Lierschel T. Vinyard Jr. Secretary RE: Collier County DW Naples KOA Kampground W WTP OGC CASE NO.: 11 -0573-11 -DW FLA044169 Enclosed is the signed and entered Consent Order to resolve the above referenced case. This copy is for your records. 2011. Please note that all compliance dates begin from the date of entry of this Order, which is July 6, . Upon satisfactory completion of all conditions of the Order, we will close this case and place it in our inactive tile. If you have any questions, please contact Keith Kleinmann of this office at (239) 344 -5656. Your cooperation in resolving this case is appreciated. Sincerely, Jon M. Iglehart Director of District Management JMUKK/jl Enclosure cc: Enforcement File Lea Crandall, FDEP (lea.crandall@ ep.state.fl.us) Michelle Fish, (michelle.fish(a dep.state.fl.us) Keith Kleinmann, FDEP (keith.kleinmann@dep.state fl us) IQ Packet Page -2173- Exhibit A to Executive Summary 12/13/2011 Item 16.C.16. BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION VS. KAMPGROUNDS OF AMERICA (Naples KOA WWTP) IN THE OFFICE OF THE SOUTH DISTRICT OGC FILE N0.10573- 11E-DW REC JUL 0 5 2011 CONSENT ORDER This Consent Order ( "Order ") is entered into between the State of Florida Department of Environmental Protection ( "Department ") and Kampgrounds of America ( "Respondent ") to reach settlement of certain matters at issue between the Department and Respondent. The Department finds and Respondent admits the following: The Department is the administrative agency of the State of Florida having the power and duty to protect Florida's air and water resources and to administer and enforce the provisions of Chapter 403, Florida Statutes ( "F.S. "), and the rules promulgated and authorized in Title 62, Florida Administrative Code ( "F.A.C. "). The Department has jurisdiction over the matters addressed in this Order. 2. Respondent is a person within the meaning of Section 403.031(5), F.S. 3. Respondent is the owner and is responsible for the operation of the Naples KOA Kampground WWTP, a 0.030 MGD contact stabilization or 0.015 MGD extended aeration wastewater treatment plant with 0.030 MGD rapid rate land application system ("Facility"). The Facility is operated under Wastewater Permit No. FLA014169 ("Permit"), which was issued on October 23, 2006 and will expire on October 22, 2011. The Facility is located at 1700 Barefoot Williams Road Naples, FL 33962, in Collier County, Florida ( "Property "). Respondent owns the Property on which the Facility is located. 4. The Department finds that the following violation(s) occurred: a) Improper release of inadequately treated wastewater as prohibited by F.A.C. 62- 620.300. DW_CO REV. 08/09 Packet Page -2174- Exhibit A to Executive Summary — moo DEP v 12/13/2011 Item 16.C.16. s. Kampgrounds of America - O � ��Utt Consent Order, OGC No.11- 0573 -11 -DW JUL Page 2 D$SWCA b) Failure to maintain or operate equipment or facility, as required by F.A.C. 62- 600.410(6). c) Failure to meet permit imposed effluent limitations and /or water quality standards as required by F.A.C. 62- 600.440(4)(c). Having reached a resolution of the matter Respondent and the Department mutually agree and it is ORDERED: 5. Respondent shall comply with the following corrective actions within the stated time periods: 6. It is the intent of this Consent Order to require the Respondent to divert flow from the Facility to a regional wastewater collection/ transmission system ( "System ") and then decommission the Facility. Within 30 days of the effective date of this Consent Order, Respondent shall submit an application to the proper authority of the System for approval to interconnect the Facility into the System. Respondent shall copy the Department on all correspondence between Respondent and the proper authority of the System. Within 30 days of the effective date of this Consent Order, Respondent shall submit a complete permit application, along with the appropriate permit fee, to the Department to construct a wastewater collection/ transmission system to divert flow from the Facility to the System. The application shall be prepared and sealed by a professional engineer registered in the State of Florida. This tie in shall be constructed, certified complete and put into operation within 180 days of the issuance of the collection/ transmission system permit. In the event Respondent's request to tie into the System is denied, then within 30 days of the denial Respondent shall make all changes to the request needed to secure approval and re- submit the request. 7. The Respondent shall pay the Department $15,380 in settlement of the regulatory matters addressed in this Order. This amount includes $14,880 for civil penalties and $500 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Order. The civil penalties are apportioned as follows: $5,600 DW_CO REV. 08/09 Packet Page -2175- Exhibit A to Executive Summary 12/13/2011 Item 16.C.16. DEP vs. Kampgrounds of America Consent Order, OGC No.11- 0573 -11 -DW RECEIVED Page 3 JUL 0 5 2011 for violation of Rule 62- 620.300 F.A.C.; $8,000 for violation of Rule 62- 600.41 '&Wrict for violation of Rule 62- 600.440(4)(c) F.A.C. Within 30 days of the effective date of this Order, Respondent shall pay the Department $500 for costs and expenses. The civil penalty payments shall be made in four equal quarterly installment payments of $3,720. The first installment payment is due no7ppayment November 1, 2011. The second installment payment is due not later than Febru T e third installment payment is due not later than May 1, 2012. The final installme is due not later than September 1, 2012. Failure to timely make any installment payment will automatically accelerate the balance which will then become immediately due. 8. Respondent agrees to pay the Department stipulated penalties in the amount of $200 per day for each and every day Respondent fails to timely comply with any of the requirements of this Order. The Department may demand stipulated penalties at any time after violations occur. Respondent shall pay stipulated penalties owed within 30 days of the Department's issuance of written demand for payment, and shall do so as further described in paragraph 9, below. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any terms of this Order. Any stipulated penalties assessed under this paragraph shall be in addition to the civil penalties agreed to in paragraph 7 of this Order. 9. Respondent shall make all payments required by this Order by cashier's check or money order. Payment instruments shall be made payable to the "Department of Environmental Protection" and shall include both the OGC number assigned to this Order and the notation "Ecosystem Management and Restoration Trust Fund." 10. Except as otherwise provided, all submittals and payments required by this Order shall be sent to South District, Department of Environmental Protection, P.O. Box 2549, Fort Myers, FL 33902 -2549. 11. Respondent shall allow all authorized representatives of the Department access to the Facility and the Property at reasonable times for the purpose of determining compliance with the terms of this Order and the rules and statutes administered by the Department. DW CO Packet Page -2176- REV. 08/09 Exhibit A to Executive Summary DEP vs. Kampgrounds of America 12/13/2011 Item 16.C.16. Consent Order, OGC No.11- 0573 -11 -DW Page 4 12. In the event of a sale or conveyance of the Facility or of the Property upon which the Facility is located, if all of the requirements of this Order have not been fully satisfied, Respondent shall, at least 30 days prior to the sale or conveyance of the Facility or Property, (a) notify the Department of such sale or conveyance, (b) provide the name and address of the purchaser, operator, or person(s) in control of the Facility, and (c) provide a copy of this Order with all attachments to the purchaser, operator, or person(s) in control of the Facility. The sale or conveyance of the Facility or the Property does not relieve Respondent of the obligations imposed in this Order. 13. If any event, including administrative or judicial challenges by third parties unrelated to Respondent, occurs which causes delay or the reasonable likelihood of delay in complying with the requirements of this Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of Respondent and could not have been or cannot be overcome by Respondent's due diligence. Neither economic circumstances nor the failure of a contractor, subcontractor, materialman, or other agent (collectively referred to as "contractor ") to whom responsibility for performance is delegated to meet contractually imposed deadlines shall be considered circumstances beyond the control of Respondent (unless the cause of the contractor's late performance was also beyond the contractor's control). Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department by the next working day and shall, within seven calendar days notify the Department in writing of (a) the anticipated length and cause of the delay, (b) the measures taken or to be taken to prevent or minimize the delay, and (c) the timetable by which Respondent intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended. The agreement to extend compliance must identify the provision or provisions extended, the new compliance date or dates, and the additional measures Respondent must take to avoid or minimize the delay, if any. Failure of Respondent to comply with the notice requirements of this paragraph in a timely manner constitutes a DW_CO REV. 08/09 Packet Page -2177- Exhibit A to Executive Summary DEP vs. Kampgrounds of America Consent Order, OGC No.11- 0573 -11 -DW Page 5 12/13/2011 Item 16.C.16. waiver of Respondent's right to request an extension of time for compliance for those circumstances. 14. The Department, for and in consideration of the complete and timely performance by Respondent of all the obligations agreed to in this Order, hereby conditionally waives its right to seek judicial imposition of damages or civil penalties for the violations described above up to the date of the filing of this Order. This waiver is conditioned upon Respondent's complete compliance with all of the terms of this Order. 15. This Order is a settlement of the Department's civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Order is not a settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of any violation which may be prosecuted criminally or civilly under federal law. Entry of this Order does not relieve Respondent of the need to comply with applicable federal, state, or local laws, rules, or ordinances. 16. The Department hereby expressly reserves the right to initiate appropriate legal action to address any violations of statutes or vales administered by the Department that are not specifically resolved by this Order. 17. Respondent is fully aware that a violation of the terms of this Order may subject Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per day per violation, and criminal penalties. 18. Respondent acknowledges and waives its right to an administrative hearing pursuant to sections 120.569 and 120.57, F.S., on the terms of this Order. Respondent also acknowledges and waives its right to appeal the terms of this Order pursuant to section 120.68, F.S. 19. No modifications of the terms of this Order will be effective until reduced to writing, executed by both Respondent and the Department, and filed with the clerk of the Department. D W_CO Packet Page -2178- REV. 08/09 Exhibit A to Executive Summary 12/13/2011 Item 16.C.16. DEP vs. Kampgrounds of America Consent Order, OGC No. 11 -0573-11 -DW Page 6 20. The terms and conditions set forth in this Order may be enforced in a court of competent jurisdiction pursuant to sections 120.69 and 403.121, F.S. Failure to comply with the terms of this Order constitutes a violation of section 403.161(1)(b), F.S. 21. This Consent Order is a final order of the Department pursuant to section 120.52(7), F.S., and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, F.S. Upon the timely filing of a petition, this Consent Order will not be effective until further order of the Department. Persons who are not parties to this Consent Order, but whose substantial interests are affected by it, have a right to petition for an administrative hearing under sections 120.569 and 120.57, Florida Statutes. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition concerning this Consent Order means that the Department's final action may be different from the position it has taken in the Consent Order. The petition for administrative hearing must contain all of the following information: DW CO a) The OGC Number assigned to this Consent Order; b) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; c) An explanation of how the petitioner's substantial interests will be affected by the Consent Order; d) A statement of when and how the petitioner received notice of the Consent Order; e) Either a statement of all material facts disputed by the petitioner or a statement that the petitioner does not dispute any material facts; f) A statement of the specific facts the petitioner contends warrant reversal or modification of the Consent Order, g) A statement of the rules or statutes the petitioner contends require reversal or modification of the Consent Order; and Packet Page -2179- REV. 08/09 Exhibit A to Executive Summary DEP vs. Kampgrounds of America Consent Order, OGC No.11- 0573 -11 -DW Page 7 12/13/2011 Item 16.C.16. h) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Consent Order. The petition must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399 -3000 within 21 days of receipt of this notice. A copy of the petition must also be mailed at the time of filing to the District Office at P.O. Box 2549, Fort Myers, FL 33902 -2549. Failure to file a petition within the 21 -day period constitutes a person's waiver of the right to request an administrative hearing and to participate as a party to this proceeding under sections 120.569 and 120.57, Florida Statutes. Before the deadline for filing a petition, a person whose substantial interests are affected by this Consent Order may choose to pursue mediation as an alternative remedy under section 120.573, Florida Statutes. Choosing mediation will not adversely affect such person's right to request an administrative hearing if :mediation does not result in a settlement. Additional information about mediation is provided in section 120.573, Florida Statutes and Rule 62- 110.106(12), Florida Administrative Code. DW CO THIS SPACE LEFT BLANK INTENTIONALLY Packet Page -2180- REV. 08/09 Exhibit A to Executive Summary DEP vs. Kampgrounds of America Consent Order, OGC No. 11 -0573-11 -DW Page 8 22. Rules referenced in this Order are available at htt]2://www.deR.state.fl.us/legal/Rules/`rulelistnum.htm. FOR THE RESPONDENT: 12/13/2011 Item 16.C.16. Patrick C. Hittmeier Date President DONE AND ORDERED this 64 day of J�� , 2011, in Lee County, Florida. STATE OF FLORIDA DEPARTMENT . OF ENVIRONMENTAL PROTECTION JUL 0 5 2011. J D.E.P. South MOO& Jon M. Iglehart Director of District Management Filed, on this date, pursuant to section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged. ilerk Copies furnished to: Lea Crandall, Agency Clerk Mail Station 35 D"L CO (REV. 061091 DW CO Date Packet Page -2181- REV. 08/09 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.16. 12/13/2011 Item 16.C.16. Item Summary: Recommendation to approve and execute the Notice of Promise To Pay And Agreement To Extend Payment of Wastewater System Impact and associated fees with Kampgrounds of America, Inc., for a payment plan amount of $155,772.49. Meeting Date: 12/13/2011 Prepared By Name: Gilbert Moncivaiz Title: Impact Fee Coordinator,Utilities Finance Operation 11/18/2011 12:04:43 PM Submitted by Title: Impact Fee Coordinator,Utilities Finance Operation Name: Gilbert Moncivaiz 11/18/2011 12:04:44 PM Approved By Name: HapkeMargie Title: VALUE MISSING Date: 11/18/2011 12:45:04 PM Name: WidesTom Title: Director - Operations Support - PUD,Utilities Fina Date: 11/23/2011 10:36:58 AM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 11/23/2011 12:15:11 PM Name: YilmazGeorge Title: Director - Wastewater,Wastewater Date: 11/27/20119:43:31 AM Packet Page -2182- Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 11/28/20113:33:45 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/28/20114:17:41 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 11/30/2011 10:45:06 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 11/30/2011 11:08:10 PM Name: OchsLeo Title: County Manager Date: 12/1/2011 5:33:26 PM Packet Page -2183- 12/13/2011 Item 16.C.16. 12/13/2011 Item 16.C.16. This instrument prepared by: Assistant County Attorney Office of the County Attorney 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 (239) 252 -8400 NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WASTEWATER SYSTEM IMPACT FEES This Agreement made and entered into this 13`" day of December, 2011, by, KAMPGROUNDS OF AMERICA, INC. Whose mailing address 1700 Barefoot Williams Rd Naples, FL 34113 (hereinafter "Owner ") and the Board of County Commissioners of Collier County, Florida acting as the Governing Body of Collier County and the Ex- Officio the Governing Board of the Collier County Water -Sewer District (hereinafter "County"). RECITALS: A. The parties to this Agreement adopt and incorporate into this Agreement by reference the Collier County Consolidated Impact Fee Ordinance in its entirety, same being more particularly described as Collier County Ordinance No. 2001- 13, including any amendments thereto, and/or its successor in function. B. Owner represents and warrants to the County that he is the record fee title owner of certain lands situated within the Collier County Water -Sewer District (hereinafter "Property"), which have thereon existing Buildings, structures and /or other improvements, and which are mandated to connect to the Regional water and /or sewer system, said Property more particularly described below: THE WEST HALF OF THE EAST HALF OF SECTION 9, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA NORTH OF THE ESTABLISHED BULKHEAD LINE ALONG THE NORTHERLY SHORE OF HENDERSON CREEK AND EAST OF BAREFOOT WILLIAMS REOAD (COUNTY ROAD 31). PROPERTY IDENTIFICATION NUMBER: 00731680003 APPROXIMATELY 14 ACRES C. Owner represents and warrants to the County that the party or parties identified herein as Owner constitute all persons or entities who is the record owner of the Property. D. Owner acknowledges and agrees that this Property is Water and/or Sewer System Impact Development which has not heretofore paid applicable wastewater impact fees to the County, and as such, is subject to the imposition of Wastewater System Impact Fees (hereinafter "Impact Fees ") by the County. E. By entering into this Agreement, Owner represents and County acknowledges that the Owner has financial inability to pay or will experience a financial hardship which would arise from paying the entire Impact Fee at the time of connection, WITNESSETH: NOW THEREFORE in consideration of the above Recitals, the covenants exchanged herein, the County's provision of certain regional utilities service to the Property, the County's consent to allow the extended payment of the Impact Fees in installments over time, the Owner's promise to pay the Impact Fees and all costs associated therewith and other good and valuable consideration exchanged amongst the ties, the parties agree and covenant with each other as follows: 1. The above Recitals are true and correct and are incorporated herein. Packet Page -2184- 12/13/2011 Item 16.C.16. 2. Owner will pay the subject Impact Fees to the County, together with any title verification expenses, recording fees, and any reasonable estimation of the cost and expense associated with providing an extended payment alternative itemized as follows: Wastewater Impact Fee ..................................... ..............................$ 132,342.00 Allowance for Funds Prudently Invested (Wastewater) ..................$ 23,355.49 Extraordinary Administrative Expense associated with providing extended paymentalternative ....................................... ..............................$ 7im TOTAL DOLLAR AMOUNT FINANCED ........ $ 155,772.49 *Accrued Interest on Lien ................................. ..............................$ (Special Cases formerly liened to the time of financing) Title Verification Expenses ............................... ......................I.......$ 100.00 Transactional Fees, (recording fees, documentary stamps, etc.) ... ............................... .........................$ 54.00 FEES PAID AT TIME OF EXECUTION .......... $ 154.00 3. In return for the extended payment alternative that Owner has received, Owner promises to pay to the order of the County the principal sum reflected in Paragraph 2 above as the TOTAL DOLLAR AMOUNT FINANCED with interest on the unpaid principal balance from the beginning of the second full month following the date of this Agreement. The first payment is due February 1, 2012 with all subsequent payments due on the I' of every month over a seven (7) year period. The interest charged shall be adjusted during January of any calendar year and shall be based on the County's cost of funds for the immediately preceding fiscal year. 4. Owner covenants to make monthly payments at any address or location designated by the County beginning with the second full month following the date of this Agreement in the amount of $1,920.87 and a like amount payable each and every month thereafter over a seven (7) year period, the end of which shall be the maturity date. The first payment is due February 1, 2012. 5. On the maturity date, A FINAL PAYMENT consisting of any remaining principal balance, accrued interest and other charges shall be due and payable. 6. If the County, in its sole discretion, determines that the monthly installments on the extended Impact Fees should appear on the Owner's water and/or sewer bill, Owner will make full and timely payment of the entire utilities bill including any extended Impact Fees installments. Owner covenants not to attempt to partition the bill or pay either the utilities' portion without paying the Impact Fees portion or vice - versa. 7. All payments under this Agreement shall be applied first to interest, then to any other unpaid charges that may be imposed by or appear on the Owner's utility bill, then to any other charges that may be imposed under this Agreement, with the remainder applied as a reduction of the remaining principal balance under this Agreement. Owner may pay the entire unpaid principal balance and any accrued interest or other charges at any time without penalty. If Owner makes a partial payment of principal, there will be no delay in the due date of any subsequent payment due from Owner. 8. Owner covenants that Owner is lawfully seized of the Property and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Owner warrants and will defend generally the title of the Property against all claims and demands subject to any encumbrances of record. 9. Owner covenants to promptly pay when due the principal and interest on the debt evidenced by the Agreement and will at all times keep its water and/or sewer, and if applicable, irrigation utilities bill current. 10. Owner covenants to pay all property taxes, including all non -ad valorem assessments, assessments, charges, fines and other impositions attributable to the Property which may in any way attain priority over the County's lien against the Property resulting from providing an opportunity for extended payment of the subject Impact Fees. Owner shall promptly discharge any lien which has priority over the lien evidenced and contemplated by this Agreement unless Owner: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to County; (b) contests in good faith the lien by, or defense against enforcement of the lien in, legal proceedings which in the County Attorney's opinion operates to prevent enforcement of the lien or forfeiture of any part of the Property; or Packet Page -2185- 12/13/2011 Item 16.C.16. (c) secures from the holder of the lien an agreement satisfactory to County subordinating the lien to the interest of the County in obtaining full payment of the subject Impact Fees. 'f County determines that any part of the Property is subject to a lien which may attain priority over the County's rights to full payment of the impact Fees, County may give Owner a notice identifying the lien and Owner shall satisfy the lien or take one or more of the actions set forth above within ten (10) days of the giving of notice. 11. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the County. 12. If the existing Buildings, structures and applicable improvements on the subject property consist of a mobile home park or rental housing, Owner covenants and agrees, for the benefit of all affected occupants, to pass through and on the same terms all the benefits of any extended payment of these Impact Fees to the affected occupants. 13. Owner will be in default under this Agreement if Owner fails to make any payment exactly on time, if Owner files a petition of any kind in Bankruptcy Court, or if Owner should be in default under any of the agreements, terms or covenant in this Agreement. If Owner is in default, the County may declare the entire unpaid balance under this Agreement and accrued interest thereon to be due immediately without any advance notice. The County shall not waive its right to accelerate the payment if it fails to exercise its right for any past defaults. If the County requires Owner to pay the principal balance and the accrued interest immediately in full as described above, the County will have the right to be paid back for all of its costs and expenses in enforcing this Agreement to the extent permitted by applicable law. Those expenses include, for example, reasonable attorney's fees and costs, including any attorney's fees or costs awarded by the Appellate Court. 14. Owner acknowledges and agrees that the TOTAL DOLLAR AMOUNT OF IMPACT FEES reflected in Paragraph 2 is a fee, rate or charge for the services and facilities of Collier County's regional utility system. Further, Owner covenants and agrees that if any extended payment installment shall not be paid when and as due, the unpaid balance thereof and all interest accruing thereon shall be an automatic fixed lien on the Property pursuant to Chapter 88 -499, Laws of Florida. Such lien shall be superior and paramount to the interest in the Property of any owner, lessee, tenant, mortgagee, or other person except the lien of county taxes and shall be on parity with the lien of any such County taxes. Further, Owner covenants and agrees that in the event that any such extended Impact Fees installment,'or the balance of the Impact Fees upon acceleration, shall not be paid as and when due and/or shall be in default for thirty (30) days or more, the unpaid balance of the Impact Fees and all interest accrued thereon, together with attorney's fees and costs, may be recovered by the County in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the County by action or suit in equity as for the foreclosure of a mortgage on real property. 15. Owner fully understands and agrees that failure to pay any monthly installments in a timely manner will result in the water to the referenced Property being shut off without further notice and that the water service will not be restored until all outstanding balances are paid in full, including but not limited to outstanding utility charges, turn on charges and reinstatement of the extended Impact Fees installment to current. 16. The extension of time for payment or modification of amortization of the sums secured by this Agreement granted by the County to any successor in interest of the Owner shall not operate to release the liability of the original Owner or Owner's successors in interest. County shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Agreement by reason of any demand made by the original Owner or Owner's successor in interest. Any forbearance by County in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. The covenants and agreements of this Agreement shall bind and benefit successors and assigns of the County and the Owner. Owners' covenants and agreements shall be joint and several. If more than one person signs this Agreement as Owner, each person or entity is fully and personally obligated to keep all the promises made in this Agreement, including the promise to pay the full amount owed. Any person or entity who takes over the obligation under this Agreement is also obligated to keep all of the promises made herein. The County may enforce its rights under this Agreement against each person or entity individually or against all of them together. This means that any one person or entity signing as Owner or any one person succeeding to the Owner's interest may be required to pay all of the amount owed under this Agreement. 17. Owner or any other person or entity who has an obligation under this Agreement, waives the right of presentment and notice of dishonor. Presentment means the right to require the County to demand payment of amounts due. Notice of dishonor means the right to require the County to give notice if any amounts due have not been paid. 18. If enactment or expiration of applicable laws, or an adjudication by a court of competent jurisdiction, has the effect of rendering any of the provisions of this Agreement or the County's statutory lien rights unenforceable or alters the priority of the County's lien as contemplated and referenced in Paragraph 13, the County, at its sole option, may require immediate payment in full of all sums secured by this Agreement and may invoke any remedies permitted hereunder or available by law. If County exercises this option, the County shall give Owner notice of acceleration. The Notice shall provide a period of not less than thirty (30) days from the date of notice is delivered or mailed 'thin which the Owner may pay all sums secured by this Agreement. If Owner fails to pay these sums prior to the expiration of this period, u, ; County may invoke any remedies permitted by this Agreement or otherwise available to it by law without further notice or demand on the Owner. Packet Page -2186- 12/13/2011 Item 16.C.16. 19. This Agreement shall be governed by the Laws of the State of Florida. In the event that any provision or clause of this Agreement conflicts with applicable law, such conflicts shall not affect other provisions of this Agreement which can be given effect without the conflicting provision. To this end, the provisions of this Agreement are declared to be severable. 20. Upon payment of all sums secured by this Agreement, the County shall file a notice indicating full payment in the appropriate Public Records without charge to Owner. Owner shall pay any recordation cost. 21. If Owner meets certain conditions, Owner shall have the right to have enforcement of this Agreement discontinued at any time prior to the earlier: (a) five days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Agreement; or (b) entry of a judgment enforcing this Agreement. The conditions are that the Owner: (a) pays the County all sums which then would be due under the Agreement had no acceleration occurred; (b) cures any defaults of any other covenants under this Agreement; (c) pays all expenses incurred in enforcing this Agreement, including, but not limited to, reasonable attorney's fees; and (d) take such action as the County may reasonably require to assure that the lien or the lien rights of the County in the Property and the Owner's obligation to pay sums secured by this Agreement shall continue unchanged. Upon reinstatement by Owner, this Agreement and the obligation secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Paragraphs 17 or 21. 22. Any notice to Owner provided for in this Agreement shall be given by delivering it or by mailing it by first -class mail unless applicable law requires the use of another method. The Notice shall be directed to the Property address on the utility bill typically delivered by the County to the Owner. The Notice to the County shall be given by first -class mail to the County's address on the utility bill, to the attention of the Collier County Utility Billing and Customer Service Director, or any other address the County designates by notice to Owner. Any notice provided for in this Agreement shall be deemed to have been given to Owner or the County when given as provided in this Paragraph. If all or any part of the Property or any interest in it is sold or transferred to other than a person related to the Owner by blood or marriage (or if a beneficial interest in the Owner is sold or transferred and Owner is not a natural Person) immediate payment in full of all sums secured by this Agreement shall be due and payable. If these sums are not paid in full upon such sale or transfer, the County may invoke any remedies permitted by this Agreement or applicable law, including but not limited to the refusal to open a new utilities account and/or provide or turn on the water service. 23. This Agreement shall be recorded in the Public Records of Collier County to reflect a vested, fixed, and secured lien on the Property. 24. This Agreement shall be binding upon the Owner, the Owner's successors and assigns and shall run with the Property. SIGNATURE PAGE TO FOLLOW 1Q_ Packet Page -2187- 12/13/2011 Item 16.C.16 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. �l WITNESSES: k y PROPERTY OWNER (S): 1,t• C� -� KAMPGROUNDS OF AMERICA, INC. ..__., -.- Signature BY: Print N e Signature/ tgnature Print Title and Name Print Name STATE OF MONTANA COUNTY OF YELLOWSTONE - - - -- The foregoing N�ia SEAL r State of Montano Residing of Shepherd, Montana. Vtffix not seal) My Commission Expires of April 08, 2014 AS TO THE COUNTY: ATTEST.: DWIGHT E. BROCK, CLERK DEPUTY CLERK Approval as to form and legal sufficiency: Jennifer B. White Assistant County Attorney Agree me t to Extegd Payment of Water and Sewer System Impact ly of OVG✓n f__ by Terea."ee T, -S Ag.& , who has Notary Public Commission Number: liv /� 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 By: FRED W. COYLE, CHAIRMAN Packet Page -2188- 12/13/2011 Item 16.C.16. LOAN AMORTIZATION TABLE - What is the Loan Amortization Table Shoot? Date Lender Name 11/22/2011 KAMPGROUNDS AMERICA INC Annual Pmnt Start of Interest Scheduled Scheduled Interest Principal Additional # Period Rate Balance Actual Balance Payment Portion Portion Principal 1 02/12 1.00% 155,772.49 155,772.49 (1,920.87) (129.81 (1,791.06 2 03/12 1.00% 153,981.43 153,981.43 1,920.87 128.32 (1,792.55 3 04/12 1.00% 152,188.88 152,188.88 (1,920.87 (126.82 (1,794.04 4 05/12 1.00% 150,394.84 150,394.84 1,920.87 125.33 1,795.54 5 06/12 1.00% 148,599.30 148,599.30 (1,920.87) (123.83) (1,797.04 6 07/12 1.00% 146.802.26 146,802.26 (1,920.87 (122.34 (1,798.53 7 08/12 1.00% 145,003.73 145.003.73 1,920.87 120.84 1,800.03 8 09/12 1.00% 143,203.69 143,203.69 (1,920.87) (119.34 ) (1,801.53) 9 10/12 1.00% 141,402.16 141,402.16 (1,920.87 ) (117.84 1,803.03 10 11/12 1.00% 139,599.13 139,599.13 1,920.87 116.33 (1,804.54 11 12/12 1.00% 137,794.59 137,794.59 (1,920.87 ) (114.83) (11806.04) 12 01/13 1.00%1 135,988.55 135,988.55 1,920.87 (113.32 ) (1,807.55 13 02/13 1.00% 134,181.00 134,181.00 (1,920.87) (111.82) (1,809.05) 14 03/13 1.00% 132,371.95 1 132,371.95 (1,920.87 (110.31) (1,810.56 15 04/13 1.00% 130,561.39 130,561.39 1,920.87 108.80 (1,812.07 16 05/13 1.00% 128,749.33 128,749.33 (1,920.87) 107.29) (1;813.58 17 06/13 1.00% 1 126,935.75 126,935.75 (1,920.87 ) (105.78) (1,815.09) 18 07/131 1.00% 125,120.66 1 125,120.66 1,920.87 104.27 1,816.60 19 08/1 3T 1.00% 123,3D4.06-1 123,304.06 1,920.87) (102.75) (1,818.12 20 09/13 1.00% 121,485.94 121,485.94 1,920.87 (101.24 ) (1,819.63 21 10/13 1.00% 119,666.31 119,666.31 (1,920.87 ) (99.72 (1,821.15 22 11/13 1.00% 117,845.16 117,845.16 (1,920.87 ) (98.20) (1,822.66 23 12/13 1.00% 116,022.50 116,022,50 (1,920.87) (96.69) (1,824.18) 24 1 01/14 1.00%1 114,198.31 114,198.32 1,920.87 95.17 (1,825.70 25 02/14 1.00% 112,372.61 112,372.61 1 (1,920.87 ) (1,827.23 26 03/14 1.00% 110,545.39 110,545.39 1,920.87) 92.12 1,828.75 27 04/14 1.00%1 108,716.64 108,716.64 1,920.87 90.60 (1,830.27 28 05/14 1.00%1 106,886.37 106,886.37 1,920.87 89.07) 1,831.80 29 06/14 1.00% 105,054.57 105,054.57 (1,920. 87 87.55 (1,833.32) 30 07/14 1.00% 103,221.25 103,221.25 1,920.87) 86.02 1,834.85 31 08/14 1.00% 101,386.39 101,386.40 (1,920.87 (84.49) 1,836.38) 32 09/14 1.00% 99,550.01 99,550.01 (1,920.87 (82.96 ) (1,837.91 33 10/14 1.00% 97,712.10 97,712.10 (1,920.87 81.43 1,839.44 34 11/14 1.00% 95,872.66 95,872.66 1,920.87 79.69 1,840.98 35 12/14 1.00% 94,031.69 94,031.69 1,920.87 78.36 1,842.51 36 01/15 1.00% 92,189.18 92,189.18 (1,920.87 (76.82) 1,844.04) 37 02/15 1.00% 90,345.13 90,345.13 (1,920.87 75.29) 1,845.58 38 03115 1.00% 88,499.55 88,499.55 1,920.87 73.75) 1,847.12 39 04/15 1.00% 86,652.431 86,652.43 1,920.87) 72.21 (1,848.66) 40 05/15 1.00% 84,803.77 84,803.77 (1,920.87 70.67 1,850.20 41 06/15 1.00% 82,953.57 82,953.57 (1,920.87 (69.13 1,851.74 42 07/15 1.00% 81,101.83 81,101.83 1,920.87 (67.58 1,853.28) 43 08/15 1.00% 79,248.55 79,248.55 1,920.87 (66.04 1,854.83 44 09/15 1.00% 77,393.72 77,393.72 (1,920.87) (64.49 (1,856.37) 45 10/15 1.00% 75,537.34 75,537.35 (1,920.87 62.95 (1,857.92 46 11115 1.00% 73,679.42 73,679.43 11 ,920.87 61.40 1,859.47 47 12/15 1.00% 71,819.95 71,819.96 (1,920.87 59.85) (1,861.02) 48 01/16 1.00% 69,958.94 69,958.94 1,920.87) (58.30 (1,862.57 49 02/16 1.00% 68,096.37 68,096.37 (1,920.87) 56.75) (1,864.12) 50 03/16 1.00% 66,232.24 66,232.24 1,920.87) 55.19 1,865.68 51 04/16 1.00% 64,366.57 64,366.57 (1,920.87) (53.64) (1,867.23) 52 05/16 1.00% 62,499.34 62,499.34 (1,920.87 (52.08 (1,868.79 53 1 06/16 1.00% 60,630.55 60,630.55 1,920.87) 50.53 (1,870.34 54 1 07/161 1.00% 58,760.21 58,760.21 (1,920.87) (48.97 (1,871.90) 55 1 08/161 1.00% 56,888.31 56,888.31 1,920.87 (47.41) (11873.46) 56 1 09/161 1.00%1 55,014.84 1 55,014.85 1,920.87 (45.85 1,875.02 57 10/161 1.00%1 53,139.82 53,139.82 (1,920.87) (44.28 (1,876.59) 58 11/161 1.00%1 51,263.23 51,263.24 (1,920.87 ) 42.72) (1,878.15 59 12/161 1.00%1 49,385.08 49,385.09 (1,920.87 (41.15 (1,879.71) 60 01/17 1.00% 47,505.37 47,505.37 (1,920.87) (39.59) (1,881.28) Packet Page -2189- What is the Loan Amortization Table Street? Date 11/22/2011 12/13/2011 Item 16.C.16. LOAN AMORTIZATION TABLE Lender Name KAMPGROUNDS AMERICA INC Annual Pmnt Start of Interest Scheduled Scheduled Interest Principal Additional # Period Rate Balance Actual Balance Payment Portion Portion Principal 61 02/17 1.00% 45,624.09 45,624.09 (1,920.87) 38.02) 1,882.85 62 03/17 1.00% 43,741.24 43,741.24 1,920.87 36.45 1,884.42 63 04/17 1.00% 41,856.82 41,856.82 (1,920.87) (34.88) 1,885.99) 64 05/17 1.00% 39,970.83 39,970.84 1,920.87 33.31 (1,887.56 65 06/17 1.00% 38,083.27 38,083.28 1,920.87 (31.74) (1,889.13 66 07/17 1.00% 36,194.14 36,194.14 (1,920.87) 30.16 1,890.71) 67 08/17 1.00% 34,303.43 34,303.44 1,920.87 28.59 68 09/17 1.00% 32,411.15 32,411.15 1,920.87 27.01 69 10/17 1.00% 30,517.29 30,517.29 1,920.87 25.43) 70 11/17 1.00% 28,621.85 28,621.85 (1,920.87 (23.85 V1,898.60) 71 12/17 1.00% 26,724.83 26,724.84 1,920.87 (22.27 72 01/18 1.00% 24,826.24 24,826.24 (1,920.87 20.69 73 02/18 1.00% 22,926.06 22,926.06 (1,920.87) 19.11) (1,901.76) 74 03118 1.00% 21,024.29 21,024.29 (1,920.87) (17.52) (1,903.35 75 04/18 1.00% 19,120.94 19,120.95 1,920.87 15.93 1,904.93 76 05/18 1.00% 17,216.01 17,216.01 (1,920.87 ) (14.35) (1,906.52) 77 06/18 1.00% 15,309.49 15,309.49 1,920.87) 12.76) (1,908.11 78 07/18 1.00% 13,401.37 13,401.38 1,920.87 (11.17) (1,909.70) 79 08/18 1.00% 11,491.67 11,491.68 (1,920.87 ) (9.58 ) (1,911.29 80 09/18 1.00% 9,580.38 9,580.38 1,920.87 7.98 1,912.89 81 10/18 1.00% 7,667.50 7,667.50 (1,920.87) (6.39) 1,914.48 82 1 11/18 1.00% 5,753.02 5,753.02 (1,920.87) 4.79 1,916.07 83 1 12/18 1.00% 3,836.94 3,836.94 1,920.87) 3.20 (1,917.67) 84 1 01/19 1.00% 1,919.27 1,919.27 1,920.87) (1.60 ) (1,919.27) Packet Page -2190- i� 12/13/2011 Item 16.C.16. FIRST TITLE & ABSTRACT, INC. Colonial Square 1164 Goodlette Road N. Naples, Florida 34102 -5449 Phone (239) 262 -6455 Fax(239)263 -7945 Date: November 14, 2011 Search #S -9214 Please Respond To: NAPLES OFFICE ❑ MARCO ISLAND OFFICE TO: Public Utilities Operations Support 3339 Tamiami Trail E, Ste 305 Naples, FL 34112 -5361 Project Name: Kampground America, Inc. PO Number: 4500132946 Folio #00731680003 606 Bald Eagle Drive, Suite 501 Marco Island, Florida 34146 -2000 Phone (239) 394 -1199 Fax (239) 394 -8641 RE: 9 5126 W1/2 of E1 /2 Lying North of Henderson Creek & E of Barefoot William RD, OR 542 PG 596 We have caused the Public Records of Collier County, Florida, to be searched as to the above legal description against the current owner only, and found the following effective as of November 10, 2011, @ 5:00 p.m. OWNER OF RECORD: Kampground America, Inc. Attn: Finance Department PO Box 30558 Billings, MT 59114 by Warranty Deed, as recorded in OR Book 542, Page 596, of the Public Records of Collier County, Florida MORTGAGES AND LIENS OF RECORD: 1. Notice of Commencement, as recorded in OR Book 4620, Page 489, of the Public Records of Collier County, Florida. 2. Notice of Commencement, as recorded in OR Book 4628, Page 1113, of the Public Records of Collier County, Florida. 3. Notice of Commencement, as recorded in OR Book 4628, Page 1115, of the Public Records of Collier County, Florida. 4. Notice of Commencement, as recorded in OR Book 4628, Page 1117, of the Public Records of Collier County, Florida. 5. Notice of Commencement, as recorded in OR Book 4628, Page 1119, of the Public Records of Collier County, Florida. 6. Notice of Commencement, as recorded in OR Book 4628, Page 1121, of the Public Records of Collier County, Florida. Title Insurance • Escrow Closings • Searches Packet Page -2191- 7. Notice of Commencement, as recorded in OR Book 4628, Page Collier County, Florida. 8. Notice of Commencement, as recorded in OR Book 4628, Page Collier County, Florida. 9. Notice of Commencement, as recorded in OR Book 4633, Page Collier County, Florida. 10. Notice of Commencement, as recorded in OR Book 4633, Page Collier County, Florida. JUDGMENTS AND LIENS AGAINST OWNER: None 12/13/2011 Item 16.C.16. 1123, of the Public Records of 1125, of the Public Records of 1935, of the Public Records of 1936, of the Public Records of DECLARATIONS OF COVENANTS AND RESTRICTIONS, BY -LAWS, ARTICLES OF INCORPORATION FOR CONDOMINIUM AND HOMEOWNER ASSOCIATIONS: None EASEMENTS: 1. a. Bill of Sale, as recorded in OR Book 1555, Page 1942, of the Public Records of Collier County, Florida. (Collier County, Water & Sewer) b. Utility Facility Warranty Deed, as recorded in OR Book 1555, Page 1950, of the Public Records of Collier County, Florida. (Collier County, Water & Sewer) c. Utility Easement as recorded in OR Book 1555, Page 1946, of the Public Records of Collier County, Florida. (Collier County, Water & Sewer) 2. Grant of Easement as recorded in OR Book 2719, Page 1971, of the Public Records of Collier County, Florida. (MediaOne Enterprises, Inc.) 3. Grant of Easement as recorded in OR Book 4229, Page 452, of the Public Records of Collier County, Florida. (Comcast of the South, Inc.) TAXES: Taxes and assessments for the year 2011 in the amount of $16,191.75 are due. Folio #00731680003 TJ�A& STRA INC. RS Note: THE INFORMATION CONTAINED HEREIN IS BELIEVED TO BE RELIABLE BUT IS NOT INSURED Packet Page -2192-