Backup Documents 04/14/2009 Item #16A 9
C~er County 16A9
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Community Development &
Environmental Services Division
Engineering & Environmental Services
Memorandum
To: Patricia Morgan, Minutes and Records Manager
Clerk of the Courts/Minutes and Records
From: RObeig~iley, P.E., Principal Project Manager
Engineering and Environmental Services Department
Date: September 10-2009
Subject: Youth Haven Release Statement
Attached is the signed original recorded Release Statement for the Youth Haven SDP as
approved by the Board of County Commissioners as part of the Consent Agenda on 4-14-09. I
have included a copy of the executive summary and the BCC agenda recap.
It is my fault for being so slow in getting this to you for keeping. I found it under a stack of
papers on the back of my desk.
Cc:
Youth Haven Release Agreement File Youth Haven Recorded Release Statement Memo 9-IO-09.doc
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IIIt1IrAI[~ANDRESS II TRIANON CENTRE THIRD FLOOR
NAPLES, FL 34103
239.213.2712 DIRECT
239.649.6200 MAIN
A LEGAL PROFESSIONAL ASSOCIATION 239.261.3659 FAX
dalewis@ralaw.com
April 30, 2009
Mr. Robert Wiley
Principal Project Planner
2800 N. Horseshoe Drive
Naples, FL 34104
Re: Youth Haven - Release
Dear Bob:
Enclosed for your file, please find the original, fully-executed Release recorded in OR
Book 4445, Page 1546, of the Public Records of Collier County, Florida. Let me know if you
need anything else on your end. Otherwise, we will proceed with our understanding that the
Additional Condition from Development Review Stormwater Management contained on Page 5
of the January 13, 2009 approval letter from Collier County, Florida SDP-AP-13286 has been
satisfied.
Should you have any questions, please do not hesitate to contact me.
Very truly yours,
ROETZEL & ANDRESS, LP A
Douglas A. Lewis
DKW /ksn For lht: Firm
Enclosure as Stated
cc: Mr. C. Ronald McSwiney (via email w/enclosure)
Mr. Gavin J. Gillette (via email w/enclosure)
586810.01.119665.0003
CLEVELAND TOLEDO AKRON COLUMBUS CINCINNATI WASHINGTON, D.C. TALLAHASSEE ORLANDO FORT MYERS NAPLES
www.ralaw.com
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16A9 ./
RELEASE
In consideration of TEN DOLLARS and 00/100 ($10.00) and other good and valuable ::z: co ::::c:'J ::::0
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consideration, receipt of which is acknowledged and the County's approval of the Youth Haven 0:-" o--<i ::::s
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SDP-AR-13286 (the "SDP") on January 13, 2009, YOUTH HAVEN, INe., a Florida not-for- o:-" ....
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profit corporation, its successors and assigns (hereafter "Youth Haven"), releases, acquits and ......""=
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discharges the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, ....
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FLORIDA (hereafter the "County"), from and against any liability, demands, claims or suits that .....
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Youth Haven ever had, now has, or may have directly arising out of: (i) the County's approval of ""
the stonnwater management system in the SOP; (ii) the County's delay in or failure to construct ""
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the Lely Area Stormwater Improvement Project or any portion thereof; and/or (iii) Whitaker ......,""
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Road flooding, if any, attributable to the County's approval of the SDP (it being expressly ~......-~
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understood and agreed to by the parties hereto that this Release shall not include any other or c-t" g LTI
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future acts by the County which may contribute to or increase Whitaker Road flooding). ~ ~ c::>
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This Release is given this ~ day of March, 2009 to satisfy the Additional Condition o--<i~~
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from Development Review Stonnwater Management contained on Page 5 of the January 13, =0 ~
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2009 approval letter from Collier County for the SDP. ?' ~ """CI
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Witnesses: Youth Haven, Inc., a Florida non-profit :"ii~
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corporation .....
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Print Name Print Name: ~~ L. ~*-r~
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*** OR: 4445 PG: 1547 ***
16A9
STATE OF Jlonclo- )
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COUNTY OF CD 1\ ie.r )
Before me, the undersigned notary public, appeared J3rt1d(ord Ii 11lQ('~hall as
P"z~ldllnt .8c.arcl(print title) of Youth Haven, Inc., a Florida not-for-profit corporation, who
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[---1 is personally known to me or [ ] was identified by driver's license on this i3 th day of
March, 2009.
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