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Backup Documents 09/14/2021 Item #16C 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP AvaAct,t;,,4; TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 6 C 3 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initi\�als2� Date 1. County Attorney Office County Attorney 2. BCC Office Board of County p Commissioners �'-" - 3. Minutes and Records Clerk of Court's Office _ (cT/ tsl 9=20 , PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Cindy M. Erb Phone Number 239-252-8917 Contact/ Department Agenda Date Item was (3 II II f Agenda Item Number C/� Approved by the BCC ' i 7 z,0 Z.. / /6 _3 Type of Document Number of Original Attached Documents Attached PO number or account Account: Fund , Cost Center , Object number if document is Code 649030, Project to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? S 1 ov 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on ' r,t4/2c 2 / ,and all changes /A is not made during the meeting have been incorporate ine attached document. The `1 option for County Attorney's Office has reviewed the changes,if applicable. �/ 's line. 9. Initials of attorney verifying that the attached document is the version approved by the - A is not BCC,all changes directed by the BCC have been made, and the document is ready for the Ole , option for Chairman's signature. u e. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16C 3 MEMORANDUM DATE: September 17, 2021 TO: Cindy Erb, Sr. Property Acquisition Specialist Facilities Management Department FROM: Martha Vergara, Sr. Deputy Clerk Minutes and Records Department RE: Bill of Sale, Owner's Affidavit, Assignment of Warranties and Bonds Ava Maria Utility Company, LLLP Attached per your memo are the originals of the document referenced above, (Items #16C3) approved by the Board of County Commissioners on Tuesday, September 17, 2021. The Board's Minutes and Records Department has retained the original as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 6C 3 DILL OF SAL KNOW ALL MEN BY THESE PRESENTS, that Penr\q"V )c,C on behalf of Collier County I, in the County of Collier and State of Florida ("Seller''), for and in consideration of the sum of Ten and 00/100 dollars ($10.00) paid it by Ave Maria Utility Company, LLLP, a Florida limited liability limited partnership of 5076 Annunciation Circle, Suite 102, Ave Maria, Florida 34142 ("Buyer''), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell, transfer and deliver unto Buyer, its executors, administrators and assigns, the following goods and chattels: Located within the property described in Exhibit A (the "Property"), attached hereto and incorporated by reference herein and all utility equipment, installation, and materials including but not limited to pipelines, meters, lift stations, force mains, etc. (the "Utility Facilities"), identified in Exhibit B. Buyer is granted the right to enter upon said land, excavate, relocate and/or take introduce materials for the purpose of constructing, relocating, operating. repairing and/or otherwise maintaining Utility Facilities thereon. Seller also grants to Buyer the water, reclaimed water, and sewef rights and the right to serve and provide water, reclaimed water, and sewer service to the property described pursuant to the Ave Maria Utility Company, LLLP tariff filed with the Collier County Water and Wastewater Authority. TO HAVE AND TO HOLD the same unto the Buyer, its executors, administrators and assigns forever. AND Seller, does, for itself and its heirs, executors and administrators, covenant to and with Buyer, its executors, administrators and assigns, that it has good and marketable title and right to sell the Utility Facilities and that it will warrant and defend the sale of the said property, goods and chattels hereby made, unto Buyer, its executors, administrators, and assigns against the lawful claims and demands of all persons whomsoever. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 1 of 2 16C 3 IN WITNESS E OF, Seller has hereunto set its hand and seal this ;izrdt- day of 20 ' . By: afilA1- Printed name: Pe_1(1 1.ca„1 'lose_ Title: Crci t' t boa.e t) 01 Cd►LR,7-1 C.e;YYI friv358 owt Signed, sealed and delivered in the presence of us: WITNESSESS: Print name: Print name C-9' r S• 0- Vi \ • STATE OF , XI\� • COUNTY OF f, \> The foregoing instrument was ac wledged before me byyeans of ❑ physical presence or_ online notarization this day of , 20 , by . Such person(s) Notary Public must check applicable box: ❑ are personally known to me. ❑ produced his/her current driver license. ❑ produced as identification. (Notary Seal) -` Notary Public V Printed Name of Notary: Commission Number: My Commission Expires: Approved as to form and legality T�s� CR VjL- -)1:‘—'CRYSTAL_K.K►NZEL.CLERKAssistant County Aty BY:- -- Attest as to Dan n signature nctiy. S\a Page 2 of 2 A 0 16C 3 Exhibit "A" Legal Description—4-Acre Parcel Tract"F-7", Ave Maria Unit Two, Park of Commerce, recorded in Plat Book 48, pages 22 through 28, Collier County, Florida. And The South 109.47 feet of Tract"F-6", Ave Maria Unit Two, Park of Commerce, recorded in Plat Book 48, pages 22 through 28, Collier County, Florida, as measured parallel with the southerly line of said Tract"F-6". 1 6 C 3 Certification of Contributory Assests Ave Maria l. tility „ non pstt Potable Water Projects Project Name: Immokalee Fire Station 32 AMUC Project No.: Location: Useppa Drive Developer: Envirostruct Engineer of Record: Waldrop Engineering, P.A. MATERIALS ONLY Item Description *Other Size Unit Quantity Unit Price Total Cost Single Water Service _�� 2" EA 1 _ $998.29 $ 998.29 ._ $ - ----- $ - 1 T r $ $ ..-- ..i • — l $ • _ L _ ____$ - $ I -- - - $ L. I $ $ - $ _ *Elaborate as necessary on item description in this column. TOTAL COST: $ 998.29 (e.g., DR14, CL200,wetwell diameter,etc.) 1 I6C 3 OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF t BEFORE ME, the undersigned authority, personally appeared 'NY-NI\ ("Owner") who, having been duly sworn and under oath, depbses and states: 1. My name is PE ruNy Ticyl L(; I am over the age of twenty-one (21) years, and have personal knowledge of the facts asserted herein. 2 I am the owner of such real property located at 5362 Useppa Drive (the "Property") and described on Exhibit A, incorporated herein by reference and showing the location of the water distribution, effluent distribution, and sewer collection systems thereon (the "Systems"), which Systems are being conveyed by Owner to Ave Maria Utility Company, LLLP ("Service Company"). 3. All persons, firms, and business entities, including the general contractor. all laborers, subcontractors and sub-subcontractors, material men and suppliers who have furnished services, labor, and/or materials used in the construction, installation and/or repair of the Systems or any portion thereof have been paid in full and that all such work has been fully completed and unconditionally accepted by Owner. 4. No claims have been made to Owner, nor is any suit now pending against Owner, on behalf of any contractor, subcontractor, sub-subcontractor, supplier, laborer or materialman, and no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the System or portions thereof placed upon or installed in or on the Property. 5. Title to the Systems or portions thereof and/or easements, if any, being conveyed to Service Company is not encumbered by any recorded mortgage, recorded assignment of rents or profits, by any recorded Uniform Commercial Code Financing Statement, or by any other recorded document that imposes a security interest that could negatively affect conveyance of marketable title to the System or portions thereof and/or any easement being conveyed to Service Company. OR Title to the Systems or portions thereof and/or easements being conveyed to Service Company is subject to the following security interest(s) by the following recorded instrument(s): Page 1 of 2 16C 3 1. Mortgage (or Assignment of Rents and Profits) to , dated , 20 , and recorded at O.R. Book , Page , et seq., Public Records of Collier County. 2. UCC-1 Financing Statement, recorded at O.R. Book Page , Public Records of Collier County. 3. UCC-1 recorded with Florida Secretary of State at Tallahassee (Leon County), Florida at O.R. Book , page 6. Owner, its successors, and assigns do, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby agree and guarantee to hold Ave Maria Utility Company, its successors, and assigns harmless against any lien, claim or suit by any general contractor, subcontractor, sub-subcontractor, supplier, mechanic, materialman, or laborer, and against chattel mortgages, security interests, or repair of the System or portions thereof. FURTHER AFFIANT SAYETH NAUGHT. DATE is ay o , 20 a/M(8 Owner/Affiant/s�Signature (ctA, , �� IS C.0 rn rr,t55 Owner/Affiant's Printed ame STATE OF S COUNTY OF a� �—� ' S. Ca The foregoing instrument was acknowledged before me by meanst ❑ physicae co` presence or ❑ online notarization this day of , 20 , by . Such person(s) Notary Public must check applicable box: ❑ are personally known to me. ❑ produced his/her current driver license. ❑ produced as identification. (Notary Seal) Notary Public Printed Name of Notary: Commission Number: My Commission Expires: ATTEST Approved as to form and legality CRYSTAL K. KINZEL,CLERK K Y na(L� Page 2 of 2 l 4-`� _Q� Assistant County Attu eY 93 Attest as to Chairman's signature only. 1 6C Exhibit "A" Legal Description—4-Acre Parcel Tract"F-7", Ave Maria Unit Two, Park of Commerce, recorded in Plat Book 48,pages 22 through 28, Collier County, Florida. And The South 109.47 feet of Tract"F-6", Ave Maria Unit Two, Park of Commerce, recorded in Plat Book 48, pages 22 through 28, Collier County, Florida, as measured parallel with the southerly line of said Tract"F-6". ASSIGNMENT OF WARRANTIES AND BONDS On this oZ 5 day of o ..�S , 20 ;, and for value received, Collier County ("Owner"), whose address is33 i; 0..miun,*(1,f,46, A I , fL 1-l-)i 2_ , assigns to Ave Maria Utility Company, LLLP ("Utility"),u` 5076 Annunciation Circle, Suite 102, Ave Maria, FL 34142, all right, title, and interest in: 1. Any and all warranties made or given to Owner by any contractor, subcontractor, or other entity, for any work performed in relation to Owner receiving water, reclaimed water and/or wastewater services from Utility, including but not limited to construction of wastewater lift stations, collection and transmission systems and appurtenant facilities, and water and reclaimed water pumping, transmission and distribution systems and appurtenant facilities (collectively the "Systems") copies of which are attached hereto as Exhibit A and incorporated as if fully restated herein; and, 2. Any and all maintenance, completion, and/or performance bonds, including the right to enforce such bonds, applicable to any materials provided for. or work performed on, the Systems, copies of which are attached hereto as Exhibit B and incorporated herein. This assignment is intended to cover all warranties of any nature whatsoever, from any source whatsoever, whether written or otherwise. If for any reason any warranty assigned pursuant to this assignment is • determined unenforceable, and/or any contractor, subcontractor, or other entity against whom a warranty may be enforced is no longer a going business concern during a period of time within which a warranty might otherwise have been enforced, Owner, its successors and assigns, fully warrant, for a period of thirty- six (36) months from the date of acceptance by Utility of the Systems, all work performed in relation to Owner receiving water, reclaimed water and/or wastewater services from Utility. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 1 of 2 CAO IN WITNE' >•OEREOF: By: a/141-8 Print Name: fi-4\ A Li \G-k-\ •tc r Title: vYIQ,( I W c.0 A. al ChitA (. miss t cs7-�- � Signed, sealed and delivered in the presence of us: WITNESSESS: S S' Print name: Print name: \'e" STATE OF \A COUNTY OF aG� The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization s day of , 20 , by . Such pers s( ) Notary Public must check applicable box: 0 are personally known to me. ❑ produced his/her current driver license. El produced as identification. (Notary Seal) Notary Public f- Printed Name of Notary: Commission Number: My Commission Expires: Approved as to form and legality A CTESI CRYSTAI.I: KINZHI .t'I.F.KM A. '.•Iant County Attorn• 09, �S\a` BC1-\-1119`11)4' Attest as,to Chairman's signature only. GAO Page 2 of 2 16C 3 Exhibit"A" Legal Description—4-Acre Parcel Tract"F-7", Ave Maria Unit Two, Park of Commerce, recorded in Plat Book 48,pages 22 through 28, Collier County, Florida. And The South 109.47 feet of Tract "F-6", Ave Maria Unit Two, Park of Commerce, recorded in Plat Book 48, pages 22 through 28, Collier County, Florida, as measured parallel with the southerly line of said Tract "F-6". 1 6 C 3 Exhibit "B" Certification of Contributory Assests Ave Maria l' tilii t C: om � a " Potable Water Projects Project Name: Immokalee Fire Station#32 AMUC Project No.: Location: Useppa Drive Developer: Envirostruct, LLC Engineer of Record: Waldrop Engineering LABOR & MATERIALS Item Description *Other Size Unit Quantity Unit Price Total Cost Single Water Service 2" EA 1 $1,967.00 $ 1,967.00 • $ $ - $ — $ - $ $ i $ . — — • i— $• - I s - ........... $; $ $ *Elaborate as necessary on item description in this column. TOTAL COST: $ 1.967.00 (e.g.,DR14,CL200,wetwell diameter,etc.) i