Ordinance 89-032t...~
ORDINANCE NO. 89-32
AM;E2~ED, BY PROVIDING FOR AEOPTION BY RESOLUFION OF A ~-7..';
$(::~:EU3~ OF SPFL"/I~X~ [X::CXJM:EN~ AOCEPTAB~ TO THE CEUNTY
A.TI~RNEY WI[ICH ~ SERVE TO GUIDE PREPARERS OF LEGAL
DISTRICT ,FOR CONVEYANCE AND ACCEPTANCE OF UTILITY FACILITIES;
PROVID]3~ FOR SUPI:~RI'T~,.KT, IN"ZO~ON AND I:'Rf)C3EEL"R]~ FOR
REXr/Lq4 OF ALL I/~GAL DO~; URDVID/2~ FOR (I~FFLICT ~D
SEVERABILITY; PROVID/2~ FOR AN EFF~ [lATE.
WHEREAS, t/%e purpose of Ordinance No. 88-76, as a~ed, (Collier County
Utilities Standards and Procedures Ordinance) is to insure that reliable and
eco~cal utility construction and utility services will be provided to the
users of water and sewer systams within Collier Count%;; and
WHEREAS, the accul-ate review of legal docun~_nts submitted to the Collier
Oounty Board of Co~ioners for acceptance of utility facilities r~quires
aocu/-ate and timely title information to be supplied by the: parties subm/tting
said documents; and "
WHEREAS, the ~ion of non co~f.orming and inaccul-ate legal documents
without aocul-ate and timely title information is unpruductive a~ creat_~s~ undue
delay in the ac~ of utility facilities for both the developer and the
Collier County Water-Sewer District.
NOW, ~RE, BE IT OPJNLINED BY ~KE BOARD OF C~ CC~4MISSIONERS OF
Section Three of Collier County Ordinance No. 88-76, as a~ed, .is hereby
amended to read as follows:
SECTION THREE: Applicability.
~his Ordinance shall be applicable to develo~z~_nt activities,
within the un~rpor~ted areas of Col'~ier County, Florida, exclusive of
Florida Cities Watar Cc~k%ny, previously known as Avatar, ar~ Marco Isla~
utilities, which hold County issued franch/ses and are regu/ated by the
Florida Public Service Cnmmission. ¥or the murDoses of simDli¢itv add
brevity, references in this Ordinance to the Collier County. Water-Sewer
District shall also be construed to refer to the Marco Water ~ Sewer
District o.r c~,~. Goodland Water District, where.appropriate ar~ as th~
¢ontext re~_ii.~_~ ~his Ordinance shall not apply to the Pelican
1
~rds .underlined are added~ t~ls ~ek-~l~h ar~ delet~l.
Bay Improvement District and the Immokalee Water-Sewer Distl'ict, both of
which were created by Special Act and as Independent Districts by the
State Legislature.
Appendix A to Collier Oounty Orc~ No. 88-76, as amended, is hereby
delet_~_ in its entirety.
Section 10, paragraph 10.4 of Collier County Ordinance No. 88-76, as
amended, is hereby amended to read as follc~s:
10.4 ~ Documents
Ail legal documents includir~,.~t r~,t limited to, s~ah-as-hhe
d~l~, bill~ of sale, affidavit~_, easaments, se~r or ~rater facilities
a_crreements, sewer o.r water facilities leases,...s~bordination by lie~
holder~ or mortcra~es, irrevocable standby letters. Of .cr~it. ar~!
performance bonds e~-=., shall be in a form acceptable to the Collier
County Attorney. The Board of County Commissioners ~hall establish and
from time to time revise, by resolution, a ~..e~e of specimen
d.cjmm~e~., ts ....z~.. ed by .the Ccun _ty Attorney as acceptable foF
~ of acceptance and conveyance of utility facil.ities. ~im
sch.edule of specimen leqal, dccuments shall serve as an informational
~ppendix tg. t~]i$ O~dirkunce J4n ord. er to qu~d~ persons preparinq and
draftinq leqal dccu~en, ts for submission to the Board o~ County
Commissione~r~ as e~-officio the qove_rlliDq board of either the Collier
_O3A3n_ .tv Water-Sewer .~istrict, the M~i-co Water and Sewer District, or the
Good, and Water District. The schedu/e of specimgn. 1ecra1 documents shal']
be on ~ile with the Clerk to the Board. A~A" c~n~a~-~
s ~ar~]~ ~ -~ms -~-~e~-a%s-wh~-~he-6~unti A~rnay
Section 10 of Collier County Or~ No. 88-76, as ar~ed, is hereby
amended to add the ~nllowing:
2
Words u~derlined are added; Words s~-~ek-~ are deleted.
10.4.1 ReGuir~d Supporting Title Information At Time Of Accept~ce~
~L_A~_~~ l~ml ~c~u~e~tation for the co. uv.ey~nce of utility
facilities is ~ubmi~ed for app .r~va% ~nd aoceptamce by the Boast. of County
C~mmtssioDer~ the d~ve~oper shall, at no expense to the Countw or the
particular utility district i7]vo~ved, provide 8 ~orn statement, from a
li~ attorDev authorized to practice in the State pf Florida, as an
~c~ment ~o the governirg body cf the Collier County Water-S.ewe~7
Pistrict to aocept, the subject uti%ity facilities ~ ear~m~_nts.
~tement mast be signed and dated no more....., than sixty {60) days prior
t~he meeting bT. which the Board of County C~dssioners considers
{~oce~ of the subject utility, facilities and .nxu~t coD.ta. ~
following:
¢i) A reference to the utilitv facilities to be
a descri~;ion of the lands in or upon which the subje¢~
are located; amd. if aPPlic$ble, a description of a. nv lar~ls over
or through which a utility easement .is ~ei~g granted to
district;
{ii) A statement tOoat, the affiant is a licensed attO;T~Y
authorized to practice in the State of Florida;
{iii) A statament that the affiant has ~ the tit~
to both the real and personal property referenced therei~
iDcludkng, t~Jc Dot ~Dxited to. information obtained frpm
Florida Secretary of ~tate relative to ucc-~ ~irmr~irg StiTt~ements;
{iv) a s .tatement identifying the ..exa.ct name Of the person
or en~ity who is the record owr~-r of the rea% and Personal
property described in the affidavit, ~n~ affiant shall
spec.i~ica.l~y identify the ins.~t of co~v.ey-dnce, citing_ the
official Records Book argt page, where the re..oo., rd owner obtained
title to the subject real propertY. 7he affiant shall incorporata
bY ~eference and attach a copy of .said instrxLnent of coDveyaDce tm
the affidavit.
If the record c~ner is an iDdividual, the affiant must
s~_t~, the marital status represented to the affiant bv the
individua1 and, i~ married, state whetb..e.r or not the individual
bas represented the subject real property is hc~-tea4 property,
If the record owner iS aD entit~;, the affiant must
indicate that he h~s ~ed oo _rporate PV pa~dmership information
obtaine~ frc~ the state or jttvisd~ction udder which the entity w~s
created add presently oDeJfmtes, thmt. the entit%; is current and
active within said state or jurisdiction, that the entity is
currently able to do busiDess ~n the state o( F~0~-ida. and
identifv the exact .na~e ~6nd title of the persons authorized to
execxfce instruments on behalf oF the, entity LB c~njur~ion with
.the oor~.ek-a3lce. Of.. the subject, real and personal promerty_~
I~ the r~cord owner is a trustee, the affiant m_u~t stat~
.the trustee has ful% p~er .and authority to execute the s~bjec~
insets of convey.aDce.ard, ~$ app!icabl~, incorporate by
reference amd attach supportinq dccumentation;
(v) A stmtament as to whether the subjec~ rea~ ~
rersonal Drc~ertv is encumbered of record, or is the subject of
anv financinc~ statements fi'led in the Public Records of Collier
f~untv, Florida, or the office of the S~ of State. If
~applicab]e, the affiant sbm~l specifically describe each. lien,
encumbrano~ or financinc~ statement, citir~ aDpr~Driate recording
in(ormat~o.n and .the affia~.t .~ba. 11 attach and incorpor~,te_~y
reference a copy of each ~ien, en<mmbr~nce, or financSn~
statement.
(v~) A statement tha~ th9 information oontained 'in thru
affidavit is true, oorrect, and current to withbl thirty ¢~0) days
of the date. the .affidavit is.s.i.~cmed and thatthe affidav~l~ is '
given as a3! ~cement to the qovernlnq board of the Collier
County water-Sewer District to accept the ~subj~ct utility
facilities and easements,.
SECTION T~; of Collier County ~ No, 88-76, as amendS, is hereby
amended to add the following:
3'14
4
Words ~Dderltne~ are added; Words se_tq~-~gtt~ are
10.4.2 Final Tit~9 ~eoort Required Prior to Fir~l Inspection.
Within sixty (60) days of recordation of utility facility
b'
~tation acceoted ~ tile Board of c~untY Commissioner~ in the
Public ~.e~o~ of Collier County, Florida, the Develqoer shall, at no
exDens$ to the County or the particular utility district i~volved,
pr~v.ide a sworrl statement, fr~m a ~icens~d attorney authorized tQ
~racti.c~ ~ l~e Sta.te o~ F~orida, as an iDduce~ment to the ~overnir~
bodv of the Collier Cc~n!ty watsrrSewe¥ District to co~g~UC~ the final
inspection .os ru~qu~ ired bv this ordinance. Said statement
indicate that clear and unencumbered record title to the s~d~ject
..utility facilities and appurtenant utility ease~ent interests
described i~ the recorded documentation, is vested in the
_Co~. ty com~ssior~rs of Collier Cowry, Florida as the governinq body
of Collier Countv and as Ex-Officio the Governinc~ Board of the
Collier County water-sewer District and must contain the following:
(i) A r~f~ to the utility facilities conveyed to~ethgr with
attached copies of any recorded instruments evidenc~
cor~veyance or qr~nt o~ the subject utilStY facil~t, ies or
easements; a description of the ~aods in or upon which th9
.subject facilities are lccatsd; and, .if applicable, a
description of any lands over or throu~ which a utilit~
easement w~s q/anted to the Distr.i .ct~
(ii) A statement that the affiant is a licensed attorney aukhorized
to practice in the State. of Florida;
(iii) A sta .te3Den~ t that the affiant has examined .the titl.S t.o bot~
.the rea~ ..aDd. pe~.~T-wona! propert~ refereJ1ced therein; iDcl~dinc~,
but not limited to, infor~atio~ obtair~ from the Florida
Secretary..o~ State relative to UCC-~ Financi~ S.tatements2_
(iv) A statement that the interest of the. Cou~ty. in the subjec~
utility, facilities and appt~rt, enant utility, easement inter~
not ency. ~ of record, nor is it the subject of any financ~
star~ents filed in the Public ~eoords of Collier
~.'~D~Tida, or the Office of the Secretary of State,
5
Words underline~ are added; Words s%~ are delete.
Jy) A statement that the infgD~ation contained in the affidavit is
true, correct, and ~t through the las~ da~ of recordation
of the documents convevinq or ~r~ntinq the subject utili%w
facilities add a~ easement i~terests ar~ that the
affidavit js q~ve~ as a~ inducemeDt to conduct the fina%
~ion r~uired by this ordinance.
b) ~ne final inspection as vequi]~ b~ this o~~ shall not be
complete unt.~% such time as.a satisfactory final report ~=~
identified by para. graph a) of this Sect.i. on is pruvided to the cou~
CounW, W.ate¥-Sewe~ District,
SECTION SIX: Conflict and Severability.
In the event this Ordinance conflicts with any other or~Lh~m~e of Collier
County or other auplicable law, the more r~strictive shall apply. If ar~y phrasa
or portion of this Ordinance is held invalid or unconstitutional by any oourt of
competent jurisdiction, such portion shall be deemed a separate, H{_~cinct and
independent prc~ision and such holding sh~ll not affect the vB/idity of the
z-~ain~ portion.
SECTION SEVEN: Effective D~te.
This Ord/nanc~ shall becc~ effective upon receipt of notice frc~-the
Secretary of State that this Ord/nance has been filed with the Secr~ of
PASSED AND UJLY ADOPI~D by the Board of County C~,~,J~sioners of Collier
JAMES .C.. GIr~, Clerk
. ..?
:-; · ..
"'::'>'.' .~.'3''
~ ~fici~:
~~t ~~~y
#324
BOARD OF OOUNT~ C~ZISSIC~qS
OF CO! Z.TFR COUNTY, FLORIE~
o,7
oy of~, _
and acknow~edge~nt of that
fili~_ ~;ved t~ ~day ,
6
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 89-32
which was adopted by the Board of County Commissioners on the
23rd day of May, 1989, during Regular Session.
WITNESS my hand amd the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th
day of May, 1989.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to Board of ....
County Commissioners ..,
By: /s/Virginia Magri Deputy Clerk
317
RESO~C~ kO. 89- L~
RES~C~ ~-'~A~LI~ ~ AZ~ THE ~'~ OF
$~ ~ D~3JP~rI~ AS (~JIDE ~0 PP~AR~]~S OF
~ FOR (3~N'VEYJ~N~E AND AC~CE OF UTI~
~8-76, AS A.~:ND~'~; X~VIDI~ AN EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 88-76, as arae~ded, (Collier County
Utilities Star~a~ and ProceSses Ordinance) prOVides for the establishn~nt and
adoption of specLmen legal documents recomme_r~ed by the C~unty Attorney for
a~ of utility facilities by ths ~ of County Commissioners; and,
WHEREAS, Collier County Ordinance No. 88-76, as amended, provides for the
adoption of a specimen form of legal dccum~nts as an informational appendix to
NC~, THEREFORE, BE IT RESOLVED BY THE BOARD OF CCX3NTY CCMMT_ $$ICNERS OF
GDr;I~, OC~3NTY, FIDRIDA, that:
SECTION ONE: ~ed Specimen Form of ~ Documants.
The followir~ speciman form of le~/al ~ ar~ informational
instructior~ have been approved by the~ .C~nty attorney and adop~ by the Board
of County CczmuLssioners as a guide to preparers of documents for the cc~vey-ance
of utility facilities under Ordinance No. 88-76, as amended, and same shall
~ an informational Apperziix "A" to th~ Collier County utilities S~ds
and ~ Ordinance:
Instructions
Form 1 - Facilities A~m~ment
Form 2 - Utilities Performance Bond
Form 3 - I~k~;o~ahle Standby Lsttar of Credit
Form 4 - Utilities Facilities Subordination
Consent and Joinder
Form 5 - Attorney's Affidavit
Form 6 - Owners Affidavit
Form 7 - Utility v~ement
Form 9 - Bill of Sale
Form 10 - Fac.il!ties T~.ase
Form 11 - Fcciliitas T~ase (includ .i~
Sub-~sveloper)
Form 12 - Final Attorney's Affidavit
(See attached)
(See attached)
(Sea attached)
(See attached)
(See attached)
(See attached)
(See attached)
(se~ attached)
(See attached)
(See attached)
(See a~tached)
(See attar)
(See attached)
SECI~ON T~D: Effective D~t~.
This Resolution shall ~ effective upon the effective date of Colli._r
c~m~/ordi~n~ No. ~-..~,Z,.
This Resolution adout__~4_ after motion, second and majority vote.
#325
BOARD OF ~ CE~SSI~
OF CDT~'.T~ COUNTY, FIDRIDA
ADOPrf~ BY (I)LLIfR OCt3NTY BOARD OF C~4~ISSIONERS
VIA RESOLUTION NO. 89-/~ ~ IN ACCDPdSANCE WITH THE
~O~-~SIONS OF fDT$IFR COUNTY ORDINANCE NO. 88-76,
AS AM~gDED BY ORDINANCE 89--~/-
INSTRUCTIONS
The following forms are to be used as a guide to prepare~ of instruments
which will be subm/tted to the Collier County Board of Oummi_~sioners for
acceptance of water and sewer utility facilities. Adherence to the form and
instructions contained below will assure an expeditious r~view by the Utilities
Division and the Collier County Attorney's Office, which in turn will spe~d_ ~_ the
process of utility facilities acceptance by the Collier County Board of
Commissioners. Deviation in substance or form frum the suggested specimen forms
may result in a substantial delay or disapprc~ral of the utility facilities
acceptance documents by the Utilities Division or the County Attorney's Office.
INb~TJ3CTION NO. 1. Each specimen form is prepared in a manner that indicates to
the preparer the location and the type of information that n.~eds to be inserted.
Tn/s is indicated by [brackets which contain instructions]. .Most brad(atari
information is self-explanatory.' However, where an in-depth instruction of the
type of information to be ~ is appropriate, the bracketed information
gives a brief explanation followed by a.reference to an instruction. ~fnat
instruction correlates to the following instructions.
INSTRUCTIC~N ND, Z, Name of grantor/mortgagee/developer/l~_~_~ee/om~__r/
surety/issuer/applicant (hereinafter collectively referred to for the purposes of
this instruction as "gl-untor") .
If grantor is an individual, insert the grantor's r~um~ followed by the
grantor's marital status. If the grantor is married, the grantor's spouse m/st
Join in any conveyance instrument. As an alternative to having a gran-~or's
spous~ join in a conveyance inset, a paragraph ca~ be added below the
reference to Exh/bit "A" which says: "~e subject lar~s are not hcmestead
lands" o
If the grantor is a corporate entity, show the correct name of ~e
corporation ar~ identify the state or other jurisdiction in wh/ch it is
If the grantor is a partnership entity, show correct name of thE:
partnership, identify whether the partnership is a general or limited
partnership, and identify the state or other jurisdiction under which t~e
partnership was created and pre_~ently operat~.
If the grantor is a tr~st insert the trustees name, as trustee. If
appropriate (Section 689.071, Florida Statutes), identify the trust and recite
the authority of the ~ to convey. Your attention is directed to Chapter
689, Florida Statutes.
~CN No, 3. witness and signature block. All instruments, ~d~ss
otherwi~e noted th~, reqttire 2 witnesses. Example witness and sig~mture
blocks are as follows:
~t~on ~ an individual:
Witr~
Witness
John Smith
E~cu~on ~r~ a oorpo~a~ion:
Witness
Witness
Develo~t Corporation, Inc.,
a Florida oorporation
Pr~ident
NOTE~ In lieu of using tw~ witnesses, a corporationn may executa
instruments by signing as Doted below a~ affixing its corporate se~.
Sections 692.01 and 692.02 Florida Statu~. A hand written or
imprinted scrawl, scroll or seal, affixed as the corporate ~ below
the corporate officer's si$n%ature, is effectual as a seal. Section
695.07, Florida Statutes.
Infrastructure Corp., Inc.,
an Indiana corporation
Vice President
(Oorporate Seal of
Infrm_vtructure Corp., Inc. )
Execution ~ a partnership wi~h am in~ividx~l ac~m~ as i~s genaral
Witr~_s
Witness
Project Partner~, a
a Florida limited partner~p
Wi _tr~s
Witness
Buildir~ Joint Venture, a
a Kantucky general partrmrship
by its entity g~ partner
Smith Corporation, Inc., a
Delaw-ar~ corporation on behalf
of the partnership
Vice-Pr~sident
321
Execution by a ~/on 689.070, Flor/da Statute-._, Trustee:
witness
Fred Fidelity, individually
and as Tnmtee
Ex~cutioll by a ~c/on 689.071, Florida Statutes,
Witness
Witness
Sally Springfield, Trustee
of the a~e refer~ ~
IN--ON ~D. 4. Aaknowl~t and notary block.
acknc~ledgmant and notary block will be sufficient.
Tne following forums of
STATE OF
CC~ OF
The foregoir~ liebert exact ~ of instrument] was .
acknowledged before me by [insert exact ~ of ind/vidual
execu~ i~trument].
WITNESS my hand and official seal th/s __ day of
.. , 19
(affix notarial seal)
Notary Public
My C~ion Expires:
For an .x~cution by a cor~orat/on:
STATE OF
O3UNTY OF
~he foregoing [insert exact name of inset]
acknowledged before me by [r~ of person], [corporata
title must be either President, Vice President or Chief
Executive Officer un/ess an appropriate corporata resolution
is attached which specifically authorizes execut/on by
other corporate officer] of [e~t name of corporation], a
[insert the ~ of the State in which corporat/on is incor-
porated] ourporation, on behalf of the COrlCoration.
Wi"I.N%~i$ my hand and official seal this
, 19
_ day of
(affix notarial seal)
Notary Public
My c~ion Expires:
For a~ execution by a~ i~ldividual as a Sect/on 689.071, Florida Statutes,
Trustees
~ OF
OC~TiY OF
The for~3oing [in~rt = ~ of ~t] was
acknc~ledged before ~ by [insert exact D~ of person],
as Trustee on behalf of the above-referenced Trust.
WITNESS my hand and official seal this __
, 19
day of
(affLx notarial seal)
Notary Public
My C~t~,~ssion Expires:
For an execution by an oorDoratton as & Section 689.071, Florida
Statutes, Trustees
STATE OF
~ OF
The foregoing [insert ~x~ct r~ of inst~nt] was
a~l~ ~fo~ ~ ~ [~ of ~n], [~~
~e ~,-t ~ ~ ~i~t, Vt~ ~i~t or ~ef
~ve Offi~ ~s ~ ~a~ ~~ ~lu~on
is at~ ~ ~ifi~ly ~z~ ~on ~ ~
o~ ~~ offi~] of [~ ~ of ~~on], a
[~ ~ ~ of ~ S~te ~ ~ ~~on is ~
~] ~tion, on ~lf of ~e ~tion ~ ~ of ~e
~e ~f~ ~.
~ my hand and official seal this __
, 19
day of
(affix notarial seal)
Notary Public
My Ccmm/ssion Expires:
INSTRUCTI~ NO. 5. Emh/bits attached to all ~ts must describe the real
property which ~ the subject utility facilities or ~m~ement. Language
on the legal description Exhibit which alters or qualifies the instrument to
which it is attached is unacceptable.
I~ON ~0. 6, For the purposes of simplicity an~ brevity, refer~r~es in
th/s Append/x and Collier County Ord/nance No. 88-76, as am~_nded, to the Collier
County Water-Sewer District sh~ll also be construed to refer to the Marco Water
and ~ District or the C~x~/and Water District, where appropriate ar~ as the
context r~q~. Preparers of legal documents are cautioned to determ/ne to
which District their documents should run before preparing and suhnittir~
IN--ON ND. 7, T.his Appendix is provided as a guide to pr~4k~rs and is not
intended to be all inclusive. All documents will be reviewed on an indivi~_ml
basis. If the preparer is unsur~ of the requ~ form or content of any
~, he or she should seek professior~%l anhrise or assistance prior to
preparir~ and suhnittir~ the document for acceptance.
For an execution b~ a partnership a general ~rtnsr who is an indivi~ual..
STATE OF
CCUNTY OF
~e for~oir~ [insert exa=t ~ of tnstzum~t] was
acknowledged before rae by [~ of il~li~], gerleral
partner, on behalf of [exact name of partnmrship], a
[insert ~ of state or jurisdiction under whose laws the
partnership was fo~ and presently operates] [idantify
~ of ~rtnership Dy ins~r~u~' either gen~-al or
l~m~t~d] partnership.
~ my hand and official seal this __ day of
, 19 .
(affix notarial seal)
Notary Public
My Commission Expires:
For an execution by a partnership whos. general ~rtner is an ent/ty.'
STATE OF
ODUNTY OF
The for~Foing [insert exact ~ of inst~_~e_nt] was
acknc~ledged before me by [name of person], [corporate title,
~_,-t be e/ther President, Vice Presidant or Chief Execut/ve
officer %~less an appropriate corporate resolution is attached
which specifically authorizes execution by some other corporate
officer] of [exact name of oor~ration], a [~ of State in
which corporation is incorporated] oorpor~tion, as entity
general partner, on behalf of [exact ~ of partnarship], a
[insert -~- of stata or jurisd/ction un~.r whosa laws the
partnership was fo~ and presently operates] [identify
ty~e of ~=~arship b~ insarti~ .ithsr genaral or limiteU]
~rtner~m~ip.
WITNESS my hand and official seal this __
, 19 .... .
day of
(affix notarial seal)
Notary Public
My CommissionExpires:
For an axacutton~ m Section 689.070, Florida Statutes, Trustee~
ST~kTE OF
C(X~rI~Y OF
~he foregoing [insert exact ~ of instrument] was
acknowledged before me by [insert exact ~ of person],
individually, and as ~.
W£1~T~S my hand and official s.~--~! this
, 19
day of
(affix notarial seal)
,oo
Notary Public
My Cc~mission Expires:
Fo~ x - R~v. ~/=s/s~ -
(Facilities AgTee~ent) Utilities
Ac~_~tance - Doc #320
C,identify type of trea~nb facility by insertin~
e/ther water or sewer in t/tls of this instrument]
FACILITIES AGREEMENT
~ A~'~/4ENT is made and entered into this [day] day of [month], 19[year],
[name of Developer - se~ Instruction No. 2]
(hereinafter referred to as "Developer"), and TF~ BOARD OF CCUNTY OiFRISSIONERS
OF ODTLT'I~R (I/~qI~, FLDRIDA, AS TI~ GOVERNING BODY OF OD~LIFR O(TJNTY AND AS
EX-OFFICIO ~HE GOVERNING BOARD OF THE COr~.TFR O~JNTY hQ%TER-SEWER DISTRICT
(hereinafter referred tm as "County"). Developer is used as singular or plural,
as the context requires.
RECITALS:
WHEREAS, for the purposes of th/s Agreement the term "Develope~' shall
include the Developer, the Develcper's heirs successors, and ~ssigns, including
but not limited to any wholly owned or oontrolled subsidiary entity who leases
back any utility facilities from the County; and
WHEREAS, the Developer is the Owner of t. he [insert D~ of project shown on
below referenced oonstruction plans] devel, o~ment, (hereinafter "Project") and
sutnitted construction plans for an interim [identify type of trea~m-nt facility
by inserting water or sewer] treatment facility (hereinafter "interim treatment
facility") to the County for review add approval; and
WHEREAS, the Developer acknowledges ar~ agrees that the Developer is
required to provide on-site interim utility facilities which service the Project
until the utility facilities within the Project can be oo~cted to the off-site
utility facilities operated by the Co/nty and the County facilities have the
available capacity to service the Project; and
WHEREAS, Collier County land development regulations require, and Developer
covenants and agrees, that the Developer shall connect any intarim utility system
serving that Project to the off-site utility system operated by the County when
the County's system has been extanded to within two h~ (200) feet of the
Project and the available off-site utility system has available capacity to
service the entire Project; ard
WHEREAS, the extension of the off-site utility system operated by the Cou. n. ty
to within two hurdred (200) feet of the bounda~ ~f of the Project shall be not
required of the County as performanc~ under thi~ Agreemont~ and
WHEREAS, all parties to this Aqre~ment acknowledge and agree that the
decision as to whether or not any off-site utility system operated by the County
has the capacity to service the Project shall be made solely by the County; and
WHEREAS, the Developer acknowledges its obligation to dedicat~ all
appropriate collection, distribution and transmission facilities and appropriate
easements to the County prior to placing said facilities into service; and
WHI]AEAS, the Develoger, or other succes~__~or entity satisfactory to the
County, will maintain and operate the interim treatment facility and the
associated on-sits c~ilection, distribution and transmission plant pur~%kant to a
leas~ agreement wit21 ~%e. County as set forth hereinbel(Tw; and
WHEREAS, the Developer has previously accepted the terms and conditions set
forth in th/s Aclreement as part of the County's review and approval of the
Developer's land use petitions.
3'25
WITTNESSETH :
NOW, ~7{E~RE, i~ (~onsideration of the covenants her~inaf~ contaiDed the
parties agree as follows:
1. ~ INCORPORATED. ~e above Recitals are true and correct and
shall be incorporated herein.
2. IN77ERIM FACII~. 7~ne appropriate on-site treatment, collection,
distribution and t~ion facilities are to be oonstructed as part of the
prq~ Project and shall be an interim facility; afl utility facilities sba/1
maintair~ by the D~veloper or other succe__c-~or entiby satisfactory to the Ccunty
until such tim~ as the C~unty's off-site utility facilities ale available to
service the project. The interim treatment facilitiE~ s~l supply services only
to the Project or, subject to the County's appr~, other lands cwned by the
D~veloper. The interim treatment facilities may not provide service outside the
Project without the written oonsent of the County.
3. DEVELDPER TO DISM~ IN~ 77LEA~ FACII~Y. Upon connection to
the C~unty's off-sita utility facilities the Developer shall abandon, dismantle
and ~,~ve f~u~ the site the interim treatment facility. All work related with
this activity shall be performed at no cost to the Ccunty whatsoever.
4. (/~NNECTION TO C~UNTY'S OFF-SITE SYST~ AT NO CC~ TO C~. Connec~cion
to the Coun~,'s off-site utility facilities will be made by t31e Developer at no
~ to the Ckm~nty within ninety (90) days after such facilities bec~me
available. The cost of connection shall include, %ahenever the Ccx~nty ~requ~,
but not be limited to, all engineering design and preparation of construction
documents, per~ttirg, modification or refitting of ~xi~ing p~mping facilities,
const~n~-tion of new pumpirg facilities', 'interconn~ion with County off-site
utility facilities, any tr~ssion, distribution or collection lines ~y
to make the connection and any required envir~nmenta/ aud/ts, including the
expense of bringing the subject facilities into cc~liance and response costs for
clean-up r~ or r~iation.
5. CON--CE OF INTERIM ~7{EA~ FACII~ N~ FOR CONNECTIC~ AND
OPERA_~ON OF CC~'S OFF-SITE SYST~. At the time the County's off-site
facilities ale available for the Project to connect with, all utility facilities
r~quired by the County to m~ the connection with the C~unty's off-site utility
facilities shall be. conveyed to the County ~ursuant to O~unty ordinances and
re~/lations then in effect, together with all utility easen~_nts required by the
County. Ail construction plans and t~ specifications related to the
connection of the Ccunty's off-site utility facilities shall be subm/tted to the
County for review and appr~va/ prior to ~t of construction.
6. CUS7~ ~JRNGV~. Ail customars served on an interim basis by the
utility system constructed by the f~veloper shall _bec~__~e customers of the County
at the tim~ when the C~x~nty's off-site sc~w~_r faciliti~ ar~ available to serve
the Project and such connection is made. Prior to coru~ction of the intarim
utility system serving the ProjecT. to the Cc~unbt's off-site utility facilities,
the Developer shall turn over to the County a complete list of cus~ served
by the intarim utility system ar~ shall not cc~te in any way with the C~unty
for the service of thcse cu~. The Developer shall also pruvide the C~ty
with a detailed inventory of the facilities served within the Project and
cooperate fu/ly in the transfer of any billing pro~s.
7. SYS~ DE~OPMENT (~ TO BE PA~D PRIOR TO PE~ ISSU~.NCE. ~he
Developer aglns~s to pay all applicable system development charges at the time
that Building Permits ar~ required, pursuant to County Or~ and Regulations
then in effect. ~7lis r~qu~t shall be made knc~4n to all prospective buyers
of prc~erties for wh/ch bu/ldirg permits will be r~.
8. LEASEBACK OF D-2DICATED FACILI~. The County and the D~vel~per shall
enter into a leasei~c~~, of the collection, ~{~tribution ~u-d tr~mission
facilities to the Developer, or other utility entity satisfac~cory to the County,
to allow for continued operation of the int,_rim utility system. Such a leas~ck
shall be upon terms cr~le to utility facilities le~e agr~en~nts then
ent~ into by the (kx~nty as requ~ by and in aocor~nr~e with applicable
County land d~velo~ regulations and/or utility star~ ar~ pr~. Any
such Iease agreement shall be in a form appruved by th~ Office of the Collier
County Attorney.
IN WITNESS WHEREOF, the parties have ex_~3~_~ed th/s Agreement as of the date
and year first ahoy. written.
[Developer,s witness and signature block - see Instruction No. 3]
JAMES C. GILES, Clerk
BOARD OF CCUNTY ~IONERS
CCUNTY AN~) AS EX-OFFICIO ~}~
GOVERNING BOARD OF TKE COr~.~FR
CCUNTY ~Ag~R-SE~4ER DISTRICT
A~ as to form and
legal sufficiency
its Chairman
[Devmloper,s acknowl~t and ~otary hlc~ - see Instruct/on No. 4]
CO~FfY OF OOLLIER
I HEREBY CERITFY that on this day, befor~ me, an officer duly author/zed in
the State and County aforesaid to take acknowledgments, personally appea~d
, well known to me to be the (]mairman of the Board of
Oounty Ccumdssio~, Collier C~unty, Florida, As ~he Governirg ~cdy of Oollier
County and as Ex-Off/cio the Gcvernirg Board of ~he Collier County Water-Sewer
District, being authorized so to do, executed the foregoing [inset~. exact ~ of
inst~nt] for the purposes therein contained urger authority duly invested bY
the Board of County Ccmm/ssioners, and that the seal affixed thereto is the true
seal of said Board.
WITNESS my hand and official s~al in the County and State last aforesaid
this day of , 19 .
Notary Public
fl35 :327
· ~, FURIHER, that it is expressly agreed that the bond shall be deemed
amended automatically and ~ataly, without formal and separate
hereto, upon ~t to the Contract not increasir~ the contract price more
than 20 percent, so as to bind the Owner and the Surety to the full and faithful
performance of the contract as so amended. The term "Amendment", wherever used
in this bond, and whether r~ferring to this bond, the Contract or other dccuments
shall include any alteration, addition or modification of any charactar
IN WITNESS WHEREOF, the parties hereto have caused this Ins~ to be
executed this ... day of . , 19__.
[Ownar's witness and signature block- see I~mtructionNo. 3]
[surety,switness and signature block- see !n~tzuctionNo. 3.]
[notary andacknowledgmant blocks for both Owner and
SuretTrequired- See InstructionNo. 4]
Prepared by: In.ne of person preparing this i~tr,~.,.t]
[address of person preparir~/ th/s instrument]
/!
~o~m 2 - ~sv. ~/2S/s9 -
(pex~o~ce Bond) Utilities
~eptanc~ Do~,n~nts - Doc # 320
[inser~ nam~ of Owna~ - See Instruc~to.n No. 2]
[iaser~ current Musinass a~iress of Owner]
[insert name of Surety - See Instruction No. 2]
[insert current business address of
(hereinafter referred to as "Surety"), are held and firefly bound unto Collier
County, Florida, (hereinafter called "County"), in the total aggregate penal sum
of [insext written dollar a~ount] Dollars ($[insert numari¢ dollar amount] in
lawful money of the United States, for the payment of which sum well and truly to
be made, we bind ourselves, cur heirs,, executors, administrators, succe-~ors, and
assigns, jointly a~d severally, firmly by these presents. Owner and Surety are
used for singular or plural, as the context requires.
THE OC6q]ITION OF THIS OBLIGATION is such that wher~ms, the Owner entered
into a certain Utilities Facilities Construction Contract, dated the [day] day of
[mont~], 19[y~ar], a copy of which is her~t~ attached ar~t made a part hereof; and
WH23qEAS the County has a material interest in the p~_rformance of said
WHEREAS the County has adopted Ordinances and Resolutions (hereinaftar "Land
Development Rsc3ulations") concerning the Owner's obligations to the County
reqarding the construction, convey-~nce and wan-anty of w~tar and sewer facilities
constructed within the unincorporated area of Collier C~unty;
NOW, ~E~EFORE, if the Owner shall well, truly and faithfully perform its
obligations and duties to the County under said Iand Development Regulations and
all tJ~e undertakings, covenants, terms, cor~litior~-.., ar~ agreements of said
oontl-act during the original t~rm thereof, and any extansions thereof which may
be granted by the ftys_r, with or without notioe to the Surety and during the
guaranty period established by the County, and thereafter, and if the Owner shall
satisfy all claims ar~ demands incurred under such contract, and shall fully
indemnify and save harmless the County fr~m all costs and damages which it may
suffer by reason of failure to do so, ar~ shall reimburse and r~pay the County
all outlay and expense which the County may incur in making good any default,
then this obligation shall be void, otherwise to r~main in full force and effect.
PROVIDED, FURIHER, that the said b~rety, for value received here~,
stipulates and agrees that no change, extansion of time, alteration or a~{tion
to the tarms of the contract or to work to be performed thereunder or the
specifications aocc~panyir~ same shall in any way affect its obligation on this
Bo~d, and it does hereby w~ive notice of any such change, extension of time,
alteration or addition to the terms of the contl-act or to the work or to the
specifications.
Fora 3 - R~v. 4/28/a9 - (Letter
of Cred/t) ut/lit/es Acceptance
~ts - Doc. #320
IRREVOCARLR STANDBY LEITER OF
CREDrT NO. [insart issuer,s i~ntifying numar]
ISSUER: [insert fiLll ~ and street ad~-~ss of Iss%~r] (hereinafter "Issuex~').
PLACE AND DATE OF ISSUE: [~-art address where credit is issued and date of
PLACE OF EXPIRY: At Issuer's counters.
DATE OF EXPIRY: T~s Credit shall be valid until [insert date of first
anniversary of date of issue], and shall thereafter be autcmati~ly renewed for
suocessive one-year periods on the anniversary of its issue unless at least sixty
(60) days prior to any such anniversary date, the Issuer notifies the Beneficiary
in writing by registered mail that the Issuer elects not to so renew this Credit.
APPLICANT: [insert full ~ of person or entity - see Instruction No. 2]
(hereinafter "Applicant") [insert Applicant,s current business address].
B~KEFICIARY: The Board of County C~,~,dssioners, Collier County, Florida
(hereinafter "Beneficiary") Collier County Courthouse Clmplex, Naples, Florida
33962.
AM~3NT: $[insert dollar amount] (U.S:).up to an aggregate thereof.
(~EDIT AVAILAR!R WITH: Issuer. ...
BY: Payment against documents detailed herein and Beneficiary's drafts at sight
drawn c~ the Issuer.
~ RBQUIRED: AVAILABLE BY BENEFICIARY'S [~AFP(S) AT SIGHT [PJkWN ON THE
ISSUER AND ACCC~PANTED BY BENEFICIARY'S ~ lmJRPORTEDLY SIGNED BY ~
CO~EY MANAGER, CERTIP¥ING THAT: "[insert ~ of Applicant] bas failed to
construct and/or maintain the [identify type of improvements by inserting water,
or sewer, or water and sewer] improvements as shown on the plans for [insert
exact nm~- or title of project shown on construction plans], or a final
inspection satisfactory to Collier County, ~t to Collier County Ordinance
No. 88-76, as amended, has not been performed prior to t~he date of expiry, and
satisfactory alternative performanc~ seoirity has not been provided to and
formally accepted by the Beneficiary."
II, AFT(S) ~AWN UNDER ~HIS LEITER OF (iqEDIT MUST BE MARKED: "Drawn under iiz~sert
D~ of Issuer] Credit No. [insert Issuer,s m~her idant/fyirz/ this letter of
creW/t], dated [insert original date of issue. ]" The original letter of credit
and all ~ts, if any, must be presented for proper endorsement.
~ L~tter of Credit sets forth in full the talm~ of the Issuer's
ur~ and such undertaking shall not in any way be modified, amended, or
a~plified by reference to any documents, instnme_nt, or agreement reference~___ to
her~in or in which this letter of credit relate_s, and any such ref~ shall
not be deemed to incorporate herein by reference any doctm~_nt, instrime~t or
a~t.
Issuer hereby engages with Beneficiary that draft(s) di-awn under and in
compliance with the terms of this credit will be duly honorod by Issuer if
present~ within the validity of this credit.
Tnts credit is subject to the uniform ~ and Practice for Documen~
Credits (1983 Rsvjsi¢,,,~ International Chamber of ~ Publication No. 400.
[Name of Issuar]
[insert titla of corporate
officer - m=~t be signed by
Presidant, Vice President,
or Chief Executive officer]
/3
Facil~t/es Subordination Consent and
Joiner) Ut/lit/es Acceptance - Doc
THIS SUBORDINATIC~, ~ AND JOINDER given this [day] day of [month],
19 [l~a~], by
[name of ~ortqagee - see Instruction No. 2]
(hereinafter referred to as '~ortgagee"), ir, favor of the BOARD OF
C~I~ OF COTLTFR (I~, FLORIDA, AS ~%[E GOVE~ BODY OF
AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COTLIFR fI33NTY ~UUTER-SEWER DISTRICT,
its successors and assigns, (hereinafter referred to as "County"). Mort~/agee is
used as singular or plural, as the context requires.
WITNESSETH :
~{EREAS, Mortgagee is the owner and holder of that certain [insert the
D--~ of ~h i~st/-~nt to be subord~ted] _reco__rded in official Records Book
,, Page __ [insert the official Reoords Book and first page r~fere~ce
for earth inst~nt to be subordinated] et seq of the Public P~o~l~ of Collier
County, Florida, (hereinafter referred to as '~4ortc~ge"), encumberir~ the
premises leqally described therein, (hereinafter referred to as the "Encumbered
WHEREAS, County h~s requested and received frum the fee simple owner of the
Enommber~d Property non-exclusive ~a-~m~_nts for the installation and maintenanc~
of utility facilities over and acr~s a portion of the encumbered
leqally described in Exhibit "A" attac~ed hereto and incorporated herein by
virtue of th/s reference, which pr~md_~es are hereinafter referred tn as the
"Easement Property".
WHEREAS, County has requested that Mortqagee consent to, join in and
subozdinate its Mortc/age to the interest that County has in the Easeunent
N~W, ~]{EREFORE, in consideration of TEN DOLLARS ($10.00) and other good and
v~luable consideration, the receipt of wh/ch is hereby acknowledged, the
Mortclagee does hereby consent to, join in and subordinat~ the lien of its
Mortqage to the grant of that certain e~ement described herein over, under, and
across the Easement P~uperty and any interest of the County in any utility.
facilities located therein or affixal thereto. Except as subordinated to-the
easement described herein over, under, and across the F~_nt Property or any
utility facilities located therein or affixed thereto, said Mort~/age shall remain
otherwise in full force and effect.
the date and year first above written.
[witness and signaturs block - see Instruct/on No.
[acknowle~. -nt and ~ot~ block - see Instruction No. 4]
[~- of p~-son pr~-lng ~h~s instrum~t]
[address of ~ pr~rl~ this i~st~_~t]
3'31
STATE OF [mmm of State]
(I~3NTY OF [~mn~ of County]
Fozm 5 - Ray. 4/28/8g -
(Attorney's Affidavit) Utilit/es
Acceptance - Doc # 320
Cl~ ~ [day] day of [month], 19 [year], before ~ personally appeared [mm--
of attorney], a licensed attorney authorized to practice in the State of Florida,
to me personally known, whose ctu%ent business address and telephone numker is
[insert oc~plete ma{lir~ a~iress and telephone z~her] (hereinafter "Affiant"),
who, being duly swor~ on [his or her] oath, does say:
1. This Affidavit is given as an inducement to the Board of County
Ccmuissioners of Collier County, Florida, as the governing body of Collier County
and as Ex-Officio the Governing Board of the Collier County Water-Sewer District
to accept the dedication or conveyance of [identify type of utility facility by
inserting water, or sewer, or water and sewer] utility facilities located within
or upon the r~%l property described in the attached Exhibit "A", wh/ch is
incorporated herein by reference, said land being located in Collier County,
Florida.
2. The Affiant has examined record title information to both the real and
personal property referenced in this affidavit, including but not limited__ to,
information requested f~, the Florida Secretary of State relative to any Uniform
C~r=ial Code financing statements.
3. The record owner of the real 'abd personal property described herein is
[give full legal rmme of c~.~er as it appears in title information; if owner is an
entity make reference to the laws of the state or jurisdiction under w~/ch entity
was created an~ presently operates] (hereinafter "Owner'). The Owner acquir~
record title to the subject real property by ~t r~corded at Official
Recoz~s Book , at Page __ [insert official record book and first page of
inst~nt where owner acqu/red title], Public P~cords, Collier County, Florida
(copy attached).
[If the record owner is an entity, the
Affiant ~/st i~dicate that he has e~ned
oorporate or partnership info~tion obtained
f~c~ the jurisdiction under whi~ the entity was
created and presently operatus, that the
entity is current and active within said State
or jurisdiction, that the entity is currently
authorized to do Dus£~e~s in the state of
Florida, and identify the e:cact name and tltle
of the persons authorized to execute the
instr~nts on behalf of the entity in
conjunction with the conveyance of the subject
real and persona~ pro~_~. ]
Jif the record owner is a trustee,
pursuant to Section 689.071, Florida statutes,
the Affiant shall state that the Trustee has
inst~nts of conveyance on k~_tmlf of the
Trust and, if applicable, inoorporate by
reference and att~e-h supporting
documentation. ]
[If the record owner is an individual,
the Aff~ ~nt must state the marital status
repres~mted to the Affiant by the indivi~,~l
and, if rm~Tied, state whether or not tbs
property is _n~,~e__st~l property.]
4. [Th~ Affiant shall state whether the subject real and personal property
is ena-~h-red of _rgoo__rd, or is the subject of any flnancir~ stat-m~nts filed in
the Public Records of Collier County, Florida or the office of the Secrmtax~ of
State. If the s~bject real or personal property is en~hered the Affiant shall
specifically ~-~.ribe each lien, encumbrance or financin~ stat-m~nt, citinq
appropriate r~ording information and th~ Affiant shall attach and inoorporate by
reference a coUy of each lien, en~,~hranoe, or financin~ sta~nt. ]
5. Affiant further states that the information contained in this Affidavit
is true, correct and current as of the date this Affidavit is given.
[IlqFORMATION;%L NOTE: Per Ordinance the date of this Affidavit ~t not be signed
and dated more than sixty (60) days prior to the meetinq at which of the Board
of Oounty C~{ssioners considers the acceptance of the subject utility facility
do~ ~-nts. ]
[no wi~es~s requirea]
[signature block for Affiant - see Instruction No. 3]
[acknowl~t an4 notary block - see Instruction No. 4]
Prepared by: [name of person preparing this instm~nt]
[address of person preparing this inst~nt]
Fort: m - R~. 4/~S/8m (Own.rs
Affifzvi~) Utiliti~s ~~ -
Do~ {320
~ OF [~ of Stat~]
COUNTY OF [~ o~ County]
On this [day] day of [month], 19[year], before re personally appeared [~
of person], [if owner of property is other thazl aQ individual, add the words: as
[title] of [~ of corporation, or p~_-Tmarship, or trust if trust was created
[iz/rsuant to Sect/on 689.071, Florida Statutes] owner of property to ~e
~nally known (hereinafter "Affiant"), who, being duly sworn on [his or her]
oath, did say that all of the persons, firms, and corporations, includin~ the
general contractor and all subcontractors, who have furnished services, labor or
materials according to plans and specifications, or eWcra itams, used in the
construction or repair of [identify type of utility facility by insal-tin~ water,
or sewmr, or water an4 sewer] utility facilities on the real estate hereinafter
described, have been paid in full and that such work has been fully completed and
a~pt~i by the owner.
Affiant further says that no claims have been made to the Owner by, nor is
any suit now pending on behalf of, any contractor, sut~ontr~ctor, laborer or
materialman, and further that no chattel mortc/ages or conditional bills of sale
have been given or are now cutst~ as to the subject utility facilities
placed upon or installed in the aforesaid pi~aises.
Affiant further says that the utility facilities described herein are not
included in, encumbered by, or subject to any ~ pruperty mortgage, chattel
morro/age, security agreement, Uniform ~ial Oode financing statement, or any
Affiant, as and on behalf of the owner of the subject utility facilities,
does for valuable consideration hereby agree and guarantee, to hold the Board of
County C~.~ssioners of Collier County, Florida, as the governing body of Collier
County and as Ex-Officio the Governing Board of the collier County Watar-Sewer
District harmless against any lien, claim or suit by any general contractor,
subcontractor, mechanic or materialman, and against c/~%ttel mortclages, security
in~ or repair of the subject utility facilities. Affiant is used as
singular or plu/-dl, as the context requires.
The utility facilities referred to herein are locat_~d_ within the real
property described in the attached Exhibit "A".
[no witnesses required]
[signature block for Affiant - see Instr~:tion No. 3]
[acknowl~nt and notary block -sae Instruct/on No. 4]
Prepared by: [~ ,-,f ~rson preparin~ this instm~t]
[addr,~s of per.on pr~n~ this
3'34
Form 7 - Rev. 4/28/89 (Utility
~nt Utilit/es Acceptance - Doc
#320
THIS EASE~2~T, granted this [day] day of [month], 19[year], by
[name of C, rantor - see Instruction No. 2]
as Grantor, to the BOARD OF CCUNTY ~IONERS OF O0rLrFR O3UNTY, FLDRIDA,
AS ~"HE GOVERNING BODY OF CD?LTFR (I~3WFf AND AS F.X-OFFICIO ~}[E GOVERNING
BOARD OF THE OD~Z.T~R (IXJWIY ~TER-SEWER DISTRICT, its su~ors and
assigns, as Grantee.
WITNESSETH: ~%at the Grantor for and in consideration of the sum of
ten dollars ($10.00) and other valuable consideration paid by the Grantee,
receipt of which is hereby acknc~le~ed, hereby conveys, grants, bargains
and sells unto the Grantee, its successors and assigns, a perpetual,
non-exclusive easement, license, and privilege to entar upon ar~ to install
and maintain utility facilities, on the following described lands being
located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporat_~_ herein by reference.
/O HAVE AND TO HOLD the same unto the Grantee and its assigr~, together
with the right to enter upon said land, excavata, and tak~ materials for
the purpos~ of constructing, operating, and maintaining utility facilities
thereoa. Grantor and Grantee are used for singular or plural, as the
IN ~ WH]~ZDF, the Grantor has caused these presents to be
~_~mo_~ced the date and year first above written.
[witnesses and signature block - see Instruction No. 3]
[acknowled~mentandnotaryblock- see LnstructionNo. 4]
F~u~d ~y: [n~ of ~ pr~uir~ this instruct]
[address of ~rson preparirz/ this inset]
,o. 035- : 335
Dee~) UtiliZes ~.cet~ - Doc.
ii 320
~frs INDEN~ ~de th/s [day] day of [m~nth], 19[year], between
[n~ of Grantor - see Instruct/on No. 2]
(hereinaftar referred to as "Grantor"), ar~ the B~ OF CCONTY CC~MISSIO~ OF
COTLr~R COUNTY, FLDRI~A, AS ~HE GOVERNING BODY OF OOTLIFR COUNTY AND AS
EX-OFFICIO ~ GOVERNING BOARD OF ~ COrLT~R ~ ~Ft~q~R-SEWER DIS~CT, its
~n/(x:es~Drs ar~ assigns, (her~i/%after referred to as "GRA~").
WITNESSETH:
~"nat said Grantor, for and in consideration of the sum of Ten Dollars and
other good and valuable consideration to said Grantor in har~ paid by said
Grantee, the receipt whereof is hereby acknowledged, has grant~d, bargained ar~
sold to the said Grantee, and Grantee's heir~, successor~ and assigns for~ver,
all [identify type of utility facilities by inserting water, or s~wer, or water
and sewer] utility facilities lying withJm the following described lar~, together
with appurtenant o~-~ement rights for the o~tion, installation and maintenance
of said facilities, situate, lying and being in Collier County, Florida, to wit:
(See Exhibit "A" attad~d hereto and
incorporated by ref~ herein. )
and said Gl-untor does hereby fully warrant the title to said utility facilities,
and will defend the san~ against the lav~Ll claims of all per~ons whomsoever.
For the purposes of th/s conveyance, the utility facilities conveyed herein shall
not be dee~ to convey any of the lar~is de_sc-ribed in ~bd%ibit "A". Grantor ar~
Grantee are used for singular or plural, as context req~.
IN W-fTt~ESS WH~F, Gr-untor has caused these presents to be executed t_he
date and year first above written.
[witness and signature block - see Instruction No. 3]
[acknowl _e~ nt and notary block - ~ Instruction No. 4]
[~ c~ ~.~rson prepari~ this ins~ument]
[address of person preparing this inset]
BI~ D~ SA~E
Fozm 9 - Rsv. 4/2S/S~ - (Bill of
Sale) utilities Acceptanc~ - Doc.
#320
%]tIS BILL OF SALE evidencing the sale and conveyance of the [i~tify type
of utility facilities by ~ water, or sewer, or water and se~er] utility
facilities described herein is made this [day] day of [month], 19 [year], by
[ ~r~e_ of Seller - see Instruction No. 2]
(hereinafter referred to as "Seller"), and the BOARD OF (II3NTY ~IONERS OF
OOTLTFR CCUNTY, FLORIDA, AS THE GOVERNING BODY OF COTZ.r~R COUNTY AND AS
EX-OFFICIO THE GOVERNING BOARD OF THE OOTLrFR CUJNTY ~ATER-SEWER DISTRICT, its
WITNESSETH:
~hat said Seller, for ar~ in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration to said Seller in hand paid by
the said Buyer, the receipt whereof is hereby acknowledged, has gl-anted,
bar~/ained, sold, transferred, set over and delivered, and by these presents does
grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the
Buyer's heirs, successors and assigns forever, all those certain [iden~ify type
of utility facilities by inserting water, or sewer, or water and sewer] utility
facilities lying within the following described land, together with appurtanant
easement rights for the operation, installation and maintenance of said
facilities, situate, lying and being in Collier County, Florida, to wit:
(See Exh/bit "A" attached hereto and
incorporated by reference herein. )
~he Seller, for itself and its successors, hereby covenants to and with the
~.~yer and its successors and assigns that it is the lawful owner of the said
goods and chattels herein referred to as utility facilities; that said goods and
c21attals are free from all liens and encumbrances; that it has good right, title
and authority to sell sam~, and that it will waz-~ant ard defend the same against
the lawful claims and demands of all persons whomsoever. Seller and ~yer are
used for singular or plural, as the context r~quires.
IN WI~ WHEREOF, S~.TFR has caused these presents to be executed_ the date
and year first above writtan.
[witness and signature block - see Instn=~cion No. 3]
[acknowl~t and notary block - sea Inst~on No. 4]
Irate of person preparing this inset]
[address of person preparinc~ this instrument]
Fo= ~0 - R.v. ~/~S/S9 -
(Facilities Lea~e) Ut/lities
~eptanc~ - Doc. # 320
[*identify the type of utility fa=ilities to be
leased Dy insertinq water or sewer in the title
of this inst~nt]
FACILITIES LEASE
THIS ~, executed this [day] day of [month], 19[year], by and between
the BOARD OF ODUNTY ~SSIONERS OF COtLT~R CO~4TY, FIDRIDA, AS ~%[E GOVERNING
BODY OF CO~LTFiR O/MI~, AND AS EX-OFFICIO THE GOVERNING BOARD OF
CCUNTY ~LTER-SEWER DISTRICT (hereinaftar referred to ~ the "Lassor"),
[name of Lessee - see I~mtruction No. 2]
(hereinafter referred to as the "Im~-see") .
RECITALS:
WHEREAS, [identify the type of utility facilities to be leased by
inseztin~ water or sewer] utility facilities lying in the lands described in
Exh/bit "A" attached hereto and incorporated herein by reference were conveyed to
T_e~or by T~---e--.ee, arid the Im_~sor is now the ~ of said facilities; and
WHEREAS, the Lessee is the owner of a (identify the typ.~ of utility
facilities to be leased by inserting water or sewer] treatment plant and has
agreed to provide sezwice to the [insert n~ of project] development
(hereinafter "Project") until such time .as the I~e~=sor desLres to provide
treatment by means of the Le~sor's treatment facilities; and
WHEREAS, the I~ssee needs to have tx~ession and use of the facilities
described in Exhibit "A" for so long as it is obligated to provide interim
treatment service to the Project.
WITNESSETH :
NC~4 THEREFORE, in consideration of the mutual covenants of the parties
hereto, Ten Dollars ($10.00) and other good and valuable consideration exchanged
among each of the parties, receipt and sufficiency of which is hereby
acknowledged by each party, the parties agree as follows:
1. RECITALS INCORPORATED. ~he above recitals are true and correct and
shall be incorporated herein.
2. LEASED P~DPERTY. ~he I~_~sor shall lease to the !~_~see all of the
utility facilities described herein and located on the l~ds described in
Exhibit "A".
3. TERM. ~he tarms of the lease shall be ten (10) year~. At the er~ of
ten (10) years, the lease shall be autoTatically rer~ for sucoessive five (5)
year terms, unless terminated by either party as herein provided.
4. RENT. Tae Lessee .shall pay the Imssor the sum of Ten Dollars ($10.00)
per year as rent under this Agreement. Rent shall be paid upon submission of a
statement by the Lessor to the r~see, and shall be paid yearly at the offi_~ of
the Utility Department of the Lessor.
5. ~ON. Notwithstard/ng any other provisions of the Aqreement,
the parties agree that this lease shall terminate at such time as the ~sor
under~ to provide the treatment service for the Project.
6. OPERATION u? TREATMt2qT FACILITY. During the l~-riod of this lease, the
Iassee agrees that it c.ra wholly owned subsidiary shall provide treatment
services to the Project, provided all initial connection fees and user rates are
paid. The I~ssee fuzt2~er agrees that so long as it provides such services, it
will charge utility rates approved and regulated by the state of Florida Public
Service C~ssion.
7. b~ OF MAINTENANCE. l~ee shall maintain all utility
facilities, including but not limited to, all transmission, collection,
3'38'
,~/
distribution and treatment facilities, at stam~ e~l to the maintanance
star~rds for oo~le utility facilities maintained by the Le_~sor.
8. FACILITIES TO l~ IN GCOD ~DRKING ORDER UPON CONNECTION TO OFF-SITE
SYSTEM. ~ shall be solely responsible to have all utility facilities
~n~bJect to this Agreement in good workirg order and in compliance with all
C~anty, Stats, and Federal requii~nts when the facilities are conveyed to the
Lessor and are connected to the l ~>sor's off-sits utility facilities. At no cost
to the L~ssor, ~_e~ee shall conduct and provide to the lessor an environmental
audit, together with a written declaration fz~a an environmental consultant
acceptable to the Lessor, which verifies that the facilities subject to this
Agreement ar~ in compliance with all applicable Stats and Federal env/ronmental
laws, and that the facilities and property su~zuundirg the facilities ar~ free of
unlawful contamination. 7he environmental consultant shall demonstI~ta its
qualifications to the satisfaction of the Lessor prior to oc~mnencing the
environmental audit. Its qualification shall be presumptively established if the
project manager is a professional engineer who is registered and in good standing
with the State of Florida, or a certified envirommental professional by the
National Association of Environmental Professionals or some other lik~ national
professional organization. %he Lessor's acceptance of the environmental
consultant sb~%ll not be unreasonably withheld. At least ninety (90) days prior
to the connection of the intarim utility system to the l~_~sor's off-site utility
system, the Lessor shall notify the Lessee to cc~mnence the environmental audit.
~ne failure of the lessor to give timely notice to the ~e_~see or acceptance by
tt~ Im_gsor of any interim utility system in the absence of receipt of the
negative declaration, shall not relieve the Lessee of any obligation hereunder
for the cost of conducting the environmental a~it, bringing t/~e subject
facilities into compliance and the response costs for clean-up, removal and
r~mediation, if any, wh/ch shall be borne solely by the Lessee.
9. INSURANCE. Until such time .a~ .the intarim utility system serving t.ha
Project is connected to the off-sits utility facilities operated by the I~or,
~ee shall provide and pay for all property damage and liability insurance for
the entire utility system servicing the Project, includ/ng, but not limited to,
flood damage insurance for any lift, eductor or pun~p station facilities. Lessee
shall provide the Lessor upon each renewal of the required insurance policies or
inclusion of additional facilities under this Agreement, with a Certificate of
Insurance evidencirg coverage for the full replacement value of the entire
utility system which services the Project, and showing the Lessor as an
additional insured for any interim utility facilities ultimately necessary for
connection to and operation of the ~_~or's off-site utility system.
10. GUARANTEE BY LESSEE. ~ne Lessee shall have ~he sole responsibility
for repairing and/or r~placement of defective materials and guaranteeing all
facilities covered by this ~t for a period approximately of one year f~
dats of preliminary acceptance by Lm_ssor. Further, at the er~ of the guarantee
pericd it shall be the sole responsibility of Les__~ee to prepare all facilities
for final inspection by the lmssor at no expense to the IP_ssor.
11. BINDING EFFECT. 771is Lease shall be bind/rg upon all of the part/es
to this ~_~, their suocessors and assigns.
IN WITNIY~ ~]4EREOF, the parties hereto have caused these pr~s,~_nts to be
the date and year first above written.
[Lessee,s witness and signaturm block - See Instruction No. 3]
~: ~ FF~OR:
JAMES C. GILES, Clerk
BOARD OF COON'I~ O2~MISSIONERS
COLLIER GOUNTY, FLORIDA AS 7~HE
GOVERN'r~ BODY OF COL rIFR
CIYJNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF ~l]~ COLLIER
ODUNTY ~-]~R-SE~fER DISTRICt
Approved as to form and
legal sufficiency:
Assistant C~ Attorney
its c2~
£Lessee,s a~knc~l~t and notary block - See Instruction No. 4]
STATE OF FLORIDA
OC~3NTY OF ¢IIT~.T'F~
I HEREBY CEKULFY that on this day, before me, an officer duly authorized
in the State and County afo _resn__id to take acknowl~, personally appeared
, well knawn to me to be the Chairman of the Board of
County C~,,~ssioners, Collier C~unty, Florida, As ~ne Gove_rn/ng Body of Collier
County and as Ex-Officio the Governing Board of ~he Collier County Water-Sewer
District, being authorized so to do, executed the foregoing [insert exact mnm- of
instrument] for the purposes therein contained under authority duly invested by
the Board of County Comnissioners, and that the seal affixed thereto is the true
seal of said Board.
WITNESS my hand ar~ official seal in tb~ County and State last aforesaid
this of , 19 .
Notary Public
'My C~dssion Expires:
by: [r~ of
Fora 11 - Rsv. 4/2S/89 -
(Facilities fea~e includin~
Sub-Developer ) Ut/lities
Ar.,cep~ - Doc. # 320
[*id~ntify the type of utility facilit/es to be
l~u~ed by insert/n~ water or sewer in the title
of this i~stnm~t]
* FACILITIES LEASE
THIS LEASE, executed this [day] day of [month], 19[year], by and between
the BOARD OF CCUNTY CC~MISSI~ OF OOTLT3~R <ITJNTY, FLORIDA, AS THE GOVERNING
BODY OF COT.T',T'F'~ fI~UNTY, AND AS EX-OFFICIO THE ~ BOARD OF ~ CDT.T.'I-ER
(EUNI~ %~R-S~ DISTRICT (hereinaftar referred to as the "r~sor"), and
[~ of Lessee - see Instruction ~. 2]
T ),and
(her~inafter referred to as the" ~ee"
[~ of Developer - see !n-truction No. 2]
(hereinafter referred to as "Developer")..
RECITALS :
HHEREAS, [i~enti~y the type of utility facil/tim~ to be leased by
insert~ water or sewmr] utility facilities lying in the lands described in
the Lessor is now the owner of said facilities; ar~
WHEREAS, the Lessee is the owner of a [identify the type of utility
fauilities to be leased by ins~ water or sewer] treatment plant ard has
ag£eed to provide service to the [insert n~ of project] develop~_nt
(hereinaftm~ "Project") until such time as the Lessor d~sires to provide
treatment by means of the Lessor's treatment facilities; and
WHEREAS, the Lessee needs to have possession and use of the facilities
described in Exhibit "A" for so long as it is obligated to provide interim
tr~atn~t service to the Project.
WITNESSETH :
NOW THEREFDRE, in consideration of the mutual covenants of the parties
hereto, Ten Dollars ($10.00) and other good and valuable consideration exchanged
among each of the parties, _rece~_ipt and sufficiency of which is hereby
a~ledged by each party, the parties agree as follows:
1. R]~'~fTALS INCORI~DRATED. ~he above r~citals ar~ true and correct and
shall be incozpornt~d her~in.
2. LEASED P~C,.~5~TY. ~he t~or shall lease to the Lessee all of the
u~ity facilities desLr, ibed herein and located on the lands de_scribed in
Emh/bit "A".
3. TE~M. The terms of the lease shall be ten (10) years. At the end of
tan (10) years, the lease shall be automatically r~J~wed for successive five (5)
year terms, unless terminated by either party as her~in provided.
4. R~T. ~ne I~_.ssee shall pay the Lmssor the s~m of Ten Dollar~ ($10.00)
per year as rent under this Agreement. Rent shall be paid upon submission of a
statement by the I~_~sor to the ie~ee, and shall be ~id yearly at the offices of
the Utility Depaz~mnt of the Lessor.
5. TE~[INATION. Notwith~ any other pruvisions of the A~freement,
the parties agree that thJ~ lease shall tarminate at such tin~ as the Lassor
undertakes to provide the treatment service for the Project.
6. O~ERATION OF TREA~4ENT FACILITY. During the period of this lease, the
Lmssee agrees that it or a ~olly owned subsidiary shall pruvide treatment
services to the Project, provided all initial connection fees and user rates ar~
paid. The Legatee further agrees that so long as it prcwides such services, it
will charge utility rates approved and re~julated by t~he State of Florida Public
Service Cc~mission.
7. ~ OF MAINT~U%NCE. Lmssee shall maintain all utility
facilities, including but not limited to, all ~r~ion, collection,
distribution amd treatment facilities, at standards equal to the maintenance
standards for comparable utility facilities maintains! by t. he Lassor.
8. FACILITIES TO ~E IN GOOD WORKING ORDER UI~N OONNECFION TO OFF-SITE
SYSTEM. T~_~ee shall be solely responsible to have all utility facilities
subject to this Agreement in good workin~ order and in compliance with all
County, State, and Federml requirements when the facilities are conveyed to the
i~or and are connected to the Lessor's off-site utility facilities. At no cost
to the Lmssor, T~,_~see shall conduct and provide to the Lmssor an environmental
audit, together with a writtan declaration f~ an envir~rm~_ntal consultant
acceptable to the Lessor, which verifies that the facilities subject to this
Agreement are in compliance with ~11 'aPPlicable State and Fedez-al envir~nment~A
laws, and that the facilities and pr~ su~£u~, the facilities ar~ fr~e of
unlawful contamination. ~ne envJ/~nmental consultant shall den~nst_rate its
qualifications to the satisfaction of the Lassor prior to cc~m~encing the
environmental audit. Its qualification shall be preemptively established if the
project manager is a professional engineer who is registered ar~ in good standing
with the State of Florida, or a certified environmental professional by the
National Association of EnvLronmental Professionals or some other likm national
professional organization. The Lmssor's acceptance of the envir~rm~nta]
consultant shall not be unreasonably withheld. At le2~t ninety (90) days prior
to the connection of the interim utility system to the Lmssor's off-site utility
system, the Lmssor shall notify the Lessee to cc~mence the environmental audit.
~ne failure of the Lessor to give timely notice to the Lessee or acceptance by
the ies~or of any intarim utility system in the absence of receipt of the
neqative declaration, shall not relieve the I~_ssee of any obligation hereunder
for the cost of conducting the envLr~nmental audit, bringimg the subject
facilities into compliance and the response costs for clean-up, r~moval amd
r~mediation, if any, which shall be borne solely by the Imssee.
9. INSURANCE. Until such time as the interim utility system serving the
Project is connected to the off-site utility facilities oper~t~ by the Lmsso~,
Iass~e shall provide and pay for all property damage and liability in~-~nce for
the entire utility ~fstem servicing the Project, including, but not limited to,
flood damage insul-ance for any lift, eductor or pump station facilities.
However, as between the Le_~see and the Developer, it is agreed that the Developer
shall reimburse the Lessee, upon demand, for any expenses associated with
insuring the utility facilities subject to this lease, iassee shall provide the
I~_ssor upon each re_newel o~ the r~quired insu/-ance policies or inclusion of
additional facilities urger this Agreement, with a Certificate of Insurance
evidencing cove/age for the full replant value of the entir~ utility system
which services the Project, and showing the Lessor as an additional insured for
any ~im utility facilities ultimately nece__~ry for connection to ar~
operation of the Imssor's off-site utility sy~t~-m.
10. GUARANTEE BY DEVelOPER. ~e Developer shall have the responsibility
for repairing and/o': ~placement of defective matarials and guaranteeing all
facilities covered by this Agreement for a period of approximately one year fr~m
date of preliminary' acceptance by T~or. Further, at the end of the guarantee
period it shall be the r~sponsibility of Developer to prepare all facilities for
final inspection by the Lessor at no expense to the
11. BINDING EFFECT. This Ima_ce shall be binding upon all of the parties
to this Lease, their successors and assigns.
IN WITNESS WHERDDF, the parties hereto have caused these presents to be
_ex~o__Yced the date and year first above writtan.
[Developers witness and signatur~ block - See Instruction No. 3]
ATTEST: LESSOR:
JAMES C. GII~, Clerk
GOVERNI~;G BOARD OF THE COTIIFR
Cr/.~4'FY T~tTER-SET~ER DISTRICT
Approved as to form and
legal sufficiency:
its Chairman
Assi~-t~nt O~nty Attorney
[Lassee,s anknowl~t amt notaryblock- $~e Ins~onNo. 4]
[Developer,s acknowl~t and notary block - See In_st.rtuL-~on No. 4]
STATE OF FLORI[~A
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State and County aforesaid to tak~ acknowledgments, personally appeared
, well known to me to be the Chairman of the Board of
County Ccrmnissio~, Collier County, Florida, As The Governing Body of Collier
County and as Ex-Officio the Governing Board of The Collier County Water-Sewer
District, being authorized so to do, executed the foregoing [insert exact D~ of
instant] for the ~ therein contained urxter authority duly invested by
the Board of County Cammissioner~, and that the seal affixed thereto is the true
seal of said Board.
WITNESS my hand and official seal in the County and State last aforesaid
of , 19 .... ·
(Notarial Se~! )
Notary Public
My Ccamdssion Expires:
[n~-- of person preparing this inst~nt]
[address of person preparir~ this instm_~ent]
(Final Attorney's ~fftdavit)
Utilit/es Acr~ptance - Doc # 320
STATE OF
(ITJNTY OF
ON THIS [day] day of [~nth], 19[year], before me personally appeared
[~ of attorney], a licensed attorney authorized to practice in the State of
Florida, to me personally known, whc~e curr~nt business address and telephone
number is [insert cc=plete ma~ling ad~ress and tal~hcne number] (hereinafter
"Affiant"), who, being duly sworn on [his or her] oath, does say:
1. This Affidavit is given as an irn~t to the Board of County
Ccmnissioners of Collier County, Florida, as the governing body of Collier County
and as Ex-Officio the Governing Board of the Collier County Water-Sewer District
to conduct a final inspection of [identify type of utility facility by insertin~
water, or sc=wet, or water and sever] utility facilities lccated within or upon
the real pr~ described in the attached Exhibit "A", %~ich is incorporated
herein by reference, said land being located in Collier County, Florida.
2. ~he Affiant has exz~,ined record title information to both the ~ and
personal property referenced in this affidavit, in_~lt~4~ng but not limited to,
information requested from the Florida Secretary of State relative to any uniform
Ounmezuial Code financing statements.
3. ~he r~cord c~w~_r of the' u%ility facilities described her~in is the'
Board of County Commissioners of Collip_r County, Florida, as the governing bcdy
of Collier County and as Ex-Officio the Gcv~ Board of the Collier County
Water-Sewer District (hereinafter "County"). The County aoquir~d its record
interest by [insert exact ~ of eaah inst~nt] recorded at Official Records
Book , at page ____ [insert official record book and first page of ~h
instrument where owner acquired title] [if a utility ~nt ~ also acq~
continue sentanc~ and add: , together with an appurtenant utility eas~nt
recorded at official Rscords Book __, pa~e ] Public Records, Collier
County, Florida (copies attached).
4. The inter~st of the County in the subject utility facilities and
appurtanant utility easement intar~sts is not encumbered of record, nor is it
subject to any financing statamants filed in the Public Records of Collier
County, Florida or the office of the Secretary of State.
5. Affiant further states that the information contained in th/s
Affidavit is true, corr~c~ and cu~_nt as of the date of the r~cordati, on of the
r~cDrded doc%m~nts referenced herein which conveyed or gl-unte~J_ the subject
utility facilities and easerent interests to the County.
[no witn~ses
[signature block for Affiant - see Instruction No. 3]
[ackncwl~at and notary block - see Instruction No. 4]
[n~ of person pre~ this instrumant]
£=4aress of person prepa~ this