§ 134-64. Appendix A—Standard legal documents.

Nothing in this Ordinance shall require the County or the District to accept title to, or any responsibility for, any facility until the facility has then received all proper permits/licenses from all applicable agencies prior to and during the construction, expansion, repair and/or maintenance or completion of each such facility and the facility then complies with all applicable rules and regulations of all Federal, Florida and local regulatory authorities or agencies, and of this Ordinance, and each such facility is not then under litigation, enforcement action, claims and/or liens prior to the conveyance of title.

INSTRUCTIONS.

[Unless waived in writing by the reviewing Assistant County Attorney in the specific instance, the date of each document cannot be signed and dated more than sixty (60) days prior to the meeting at which the Board of County Commissioners will consider its acceptance of the subject utility facility documents.]

The following forms are to be used as a guide for preparers of instruments that shall be submitted to the Board for proposed acceptance of potable water, non-potable irrigation water and/or wastewater utility system(s) or portion(s) thereof. Adherence to the forms and instructions contained below will assure an expeditious review by the Collier County Attorney's Office, which in turn will speed the process of utility system(s) or portion(s) thereof acceptance by the Board. Deviation in substance or form from the specimen forms herein may result in substantial delay or disapproval of the utility system acceptance documents by the County Attorney's Office. Examples of previously approved forms are available from staff upon request.

PLEASE CAREFULLY READ THESE INSTRUCTIONS BEFORE PREPARING THE INSTRUMENTS.

INSTRUCTION NO. 1. Each specimen form is prepared in a manner that indicates to the preparer the location and the type of information that needs to be inserted. This is indicated by [brackets which contain instructions]. Most bracketed information is self-explanatory. Where an in-depth instruction of the type of information to be inserted is appropriate, the bracketed information gives a brief explanation followed by a reference to an instruction. That instruction reference correlates to the following instructions.

INSTRUCTION NO. 2. Name of grantor/mortgagee/developer/lessee/owner/surety/issuer/applicant (hereinafter collectively referred to for the purposes of this instruction as "grantor"). If grantor is an individual, insert the grantor's name followed by the grantor's marital status. If the grantor is married, the grantor's spouse must join in any conveyance instrument. As an alternative to having a grantor's spouse join in a conveyance instrument, if applicable, a paragraph can be added below the reference to Exhibit "A" which states: "The subject lands are not homestead lands."

If the grantor is a corporate entity, show the correct name of the corporation and identify the state or other jurisdiction in which it is incorporated.

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 the partnership was created and presently operates.

If the grantor is a trust insert the trustees name, as trustee. If appropriate (Section 689.071, Florida Statutes), identify the trust and recite the authority of the trustee to convey. Your attention is directed to Chapter 689, Florida Statutes.

INSTRUCTION NO. 3. Witness and signature block. All instruments, unless otherwise noted thereon, require two (2) witnesses. Example witness and signature blocks are as follows:

Execution by an individual:

Execution by an individual:

S/ _____
An individual

_____
First Witness—Signature

_____
First Witness—Print or Type Name

_____
Second Witness—Signature

_____
Witness—Print or Type Name

 

_____

Execution by a Corporation :

XYZ Corporation, Inc., a Florida Corporation

By: _____ (L.S.) Name, [President] or [Vice-President]	Note: (L.S.) is effective as the Corporate Seal.
_____ First Witness—Signature
_____ First Witness—Print or Type Name
_____ Second Witness—Signature
_____ Second Witness—Print or Type Name
INSTRUCTION: In lieu of using two individual witnesses, a corporation may execute these instruments by having the President's or the Vice-President's signature witnessed by the Corporation's Secretary (a Corporate Officer) and by affixing the Corporation's seal. Sections 692.01 and 692.02, Florida Statutes. A hand written or imprinted scrawl, scroll or seal, affixed as the corporate seal below the corporate officer's signature is an effective seal. Section 695.07, Florida Statutes.
XYZ Corporation, Inc., a Florida Corporation
By: _____ Name, Title
(Corporate Seal)
[The corporate seal can either be by simply typing the words "Corporate seal" OR by printing or stamping the words "Corporate seal" on the page under the President's or a Vice-President's signature.
Witness:
By: _____ John R. Smith, Corporate Secretary*
*  The Corporate Secretary is effectively the same as two individual witnesses.
_____
Execution by a partnership with an individual acting as its general partner:
ABC Partnership
By: _____ [Name], as the General Partner
_____
Execution by a partnership with an entity acting as its general partner:
ABC, a Florida Partnership
By XYZ Corporation, Inc., a corporate General Partner acting on behalf of the Partnership
By: s/ _____ Name, President [or Vice-President]
_____ First Witness—Signature
_____ First Witness—Print or Type Name
_____ Second Witness Signature
_____ Witness—Print or Type Name
_____
Execution by Section 689.070, Florida Statutes, Trustee:
S/ _____ [Name], as Trustee
_____ First Witness—Signature
_____ First Witness—Print or Type Name
_____ Second Witness—Signature
_____ Witness—Print or Type Name
_____
Execution by Section 689.071, Florida Statutes, Trustee:
By: _____ Name, as Trustee of the above referenced Trust
_____ First Witness—Signature
_____ First Witness—Print or Type Name
_____ Second Witness—Signature
_____ Second Witness—Print or Type Name

 

INSTRUCTION NO. 4. ACKNOWLEDGMENT AND NOTARY BLOCK. The following forms of acknowledgment and notary block are sufficient.

For execution by one individual:

State of ___________

County of ___________

The foregoing instrument was acknowledged before me this _______ day of _____, 20___, by ___________ who is personally known ___________ OR who produced identification ___________. Type of identification produced: ___________.

(Affix notary seal)

Notary Public

Notary [Typed of Printed Name (or stamp)]

My Commission Expires: ___________

_____

For Execution by a Corporation:

State of ___________

County of ___________

The foregoing document was acknowledged before me by [insert the name of person signing], [corporate title must be either President, Vice President or Chief Executive Officer [unless an appropriate corporate resolution is attached and which specifically authorizes the respective execution by some other corporate officer] of [insert the name of the corporation], a [insert the State of incorporation] corporation, on behalf of the corporation, who is personally known ___________ OR who produced identification. Type of identification produced: ___________.

WITNESS my hand and official said this _______ day of _______, 20___.

Notary Public

(Affix notary seal or stamp)

My Commission Expires:

___________

Notary's Typed or Printed Name [if not in Notary stamp]

_____

For execution by a partnership general partner who is an individual:

STATE OF ___________

COUNTY OF ___________

The foregoing document was acknowledged before me by [name of individual who signed], general partner, on behalf of the partnership, a [insert name of state or jurisdiction under whose laws the partnership was formed and operates][identify the type of partnership] partnership. Personally known ___________ OR who Produced identification ___________. Type of identification produced ___________.

WITNESS my hand and official seal this _______ day of _______, 20___.

Notary Public

Notary Printed Name

My Commission Expires: ___________

_____

For execution by a partnership whose general partner is an entity:

STATE OF ___________

COUNTY OF ___________

The foregoing document was acknowledged before me by [name of person signing], [corporate title, must be either President, Vice President or Chief Executive Officer] [unless an appropriate corporate resolution is attached which specifically authorizes execution by some other corporate officer] of [exact name of corporation], a [State of incorporation], as the corporate entity general partner, on behalf of [insert exact name of partnership], a [insert name of state or jurisdiction under whose laws the partnership was formed and presently operates][identify type of partnership]. Personally known ___________ or Produced identification ___________. Type of identification produced ___________.

WITNESS my hand and official seal this _______ day of _______, 20___.

Notary Public

(Affix notary seal)

Notary Printed Name

My Commission Expires:

_____

For an execution by a Section 689.070, Florida Statutes, Trustee:

STATE OF ___________

COUNTY OF ___________

The foregoing document was acknowledged before me by [insert exact name of person signing], individually, and as Trustee. Personally known ___________ OR Produced identification ___________. Type of identification produced ___________.

WITNESS my hand and official seal this _______ day of _______, 20___.

Notary Public

(Affix notary seal)

Notary Printed Name

My Commission Expires:

_____

For an execution by an individual as a Section 689.071, Florida Statutes, Trustee:

STATE OF ___________

COUNTY OF ___________

The foregoing document was acknowledged before me by [insert exact name of person signing], as Trustee on behalf of the above-referenced Trust. Personally known ___________ OR Produced identification ___________. Type of identification produced ___________.

WITNESS my hand and official seal this _______ day of _______, 20___.

Notary Public

(Affix notary seal)

Notary Printed or Typed Name

My Commission Expires:

_____

For execution by a corporation as a Section 689.071, Florida Statutes, Trustee:

STATE OF ___________

COUNTY OF ___________

The foregoing document was acknowledged before me by [name of person signing who must be either the President, a Vice President or the Chief Executive Officer, OR an appropriate corporate resolution must be attached to prove that the person signing is authorized to sign on behalf of the corporation as Trustee of the above referenced Trust. Personally known ___________ or Produced identification ___________. Type of identification produced ___________.

WITNESS my hand and official seal this _______ day of _______, 20___.

Notary Public

(Affix notary seal)

Notary Printed or Typed Name

My Commission Expires:

INSTRUCTION NO. 5. Exhibits attached to all instruments shall describe the real property that encompasses the subject utility facilities, system(s) and/or easement(s). Language on the legal description Exhibit that alters or qualifies the instrument to which it is attached is unacceptable. If the informational text of an Exhibit is not extensive (i.e., a short legal description or there are no security interests) such text can simply added in the body of the document in lieu of an Exhibit.

INSTRUCTION NO. 6. For the purposes of simplicity and brevity, references in this Appendix and this Ordinance to the Collier County Water-Sewer District shall also be construed to refer to the Goodland Sub-District, where appropriate and, as the context requires. Prepares of legal documents are cautioned to determine to which District their documents should run before preparing and submitting documents.

INSTRUCTION NO. 7. Notarization of an oath. The proper notarization of an oath (or affirmation) is as follows: "SUBSCRIBED AND SWORN to before me this _______ day of _______, 20___." An acknowledgment is not acceptable for an affidavit (See Subsection 117.05(13), Florida Statutes). The Affiant must both swear to the document in the presence of the Notary and must sign the Affidavit in the presence of the Notary.

INSTRUCTION NO. 8. This Appendix is provided as a guide for preparers and is not intended to be all-inclusive. All documents shall be reviewed on an individual basis. If the preparer is unsure of the required form or content of any document, he or she should seek professional advice and/or assistance prior to preparing and submitting such form or document for acceptance.

Form 1 - Rev. 2004 ( Interim Facilities/System Agreement )

*[Identify type of facility by inserting Potable Water Facilities, and/or Wastewater Facilities, and/or other Utility Facility (as applicable) in the TITLE of this instrument]

*INTERIM FACILITIES/SYSTEM AGREEMENT

THIS AGREEMENT is made and entered into this _______ day of _______, 20___, by and between

[Name of developer - Refer to Instruction No. 2]

(Hereinafter referred to as "Developer"), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT (hereinafter referred to as "County"). Developer is used as singular or plural, as the context requires.

RECITALS:

WHEREAS, for the purposes of this Agreement the term "Developer" shall include the Developer, the Developer's heirs, successors, and assigns, including, but not limited to, any wholly owned or controlled subsidiary entity; and

WHEREAS, the Developer is the Owner of the [insert name of project shown on referenced construction plans] development, (hereinafter "Project") and has submitted construction plans for an interim [identify type of treatment facility by inserting potable water or wastewater] treatment facility (hereinafter "interim treatment facility") to the County for review and approval; and

WHEREAS, the Developer acknowledges and agrees that the Developer desires to provide on-site interim utility systems to service the Project until such time as the utility systems within the Project may be connected to the off-site utility systems operated by the County or District and the County systems have adequate capacity to service the Project; and

WHEREAS, Collier County land development regulations require, and Developer covenants and agrees, that the Developer shall connect any interim utility system serving that Project to the off-site utility system owned and operated by the County when the County's system has been extended to within two hundred (200) feet of the Project's boundary and the County has determined that the off-site utility system has adequate capacity to service the entire Project; and

WHEREAS, the extension of the off-site utility system owned and operated by the County to within two hundred (200) feet of the boundary of the Project shall be not required of the County as performance under this Agreement; and

WHEREAS, all parties to this Agreement acknowledge and agree that the decision as to whether or not any off-site utility system owned and 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 dedicate all facilities, including all appropriate collection, distribution and transmission systems or portion(s) thereof and appropriate easements to the County prior to interconnection of the facilities/system to County or District's system; and

WHEREAS, the Developer, or other successor entity satisfactory to the County, will maintain and operate the interim facility and the associated on-site collection, distribution and transmission system(s) as set forth herein below; and

WHEREAS, the developer has previously accepted the terms and conditions set forth in this Agreement as part of the County's review and approval of the Developer's land use petitions.

WITNESSETH:

NOW, THEREFORE, in consideration of the covenants hereinafter contained the parties agree as follows:

1.

RECITALS INCORPORATED. The above Recitals are true and correct and shall be incorporated herein.

2.

INTERIM FACILITY. The appropriate on-site treatment facilities, and collection, distribution and transmission systems are to be constructed as a part of the proposed Project and shall be an interim system; all utility systems or portion(s) thereof shall be constructed in compliance with all applicable State, Federal and local standards, the Collier County Land Development Code (LDC), this Ordinance, as well as the Utilities Standards Manual, and are to be owned, operated and maintained by the Developer, or other successor entity satisfactory to the County, until such time as the County's off-site utility systems are available to service the project. The interim system shall supply services to this Project only or, subject to the County's approval, other adjacent or near-by lands owned by the Developer. The interim system may not provide service outside the Project without the expressed written consent of the Collier County Water-Sewer District and only to the extent of such written consent.

3.

DEVELOPER TO DISMANTLE INTERIM TREATMENT FACILITY. Upon connection to the County's off-site utility systems the Developer shall abandon, dismantle and remove from the site the interim treatment facility. All costs related to this activity shall be borne solely by the developer and performed in accordance with FDEP standards.

4.

CONNECTION TO COUNTY'S OFF-SITE SYSTEM SHALL BE ACCOMPLISHED AT NO COST TO COUNTY. The Developer shall, at no cost to the COUNTY, make connection to the County's off-site utility system(s) within ninety (90) days of notification that such systems have become available. Costs of connection shall include, whenever the County requires, but not be limited to, engineering design, preparation of construction documents, permitting, modification or retrofitting of existing pumping facilities, construction of new pumping facilities, interconnection with County off-site utility systems, any transmission, distribution or collection lines necessary to make the connection and any required environmental audits, including the expense of bringing the subject system(s) or portion(s) thereof into compliance as well as any and all costs for clean-up, removal or remediation.

5.

CONVEYANCE OF INTERIM TREATMENT FACILITIES NECESSARY FOR CONNECTION TO AND OPERATION OF COUNTY'S OFF-SITE UTILITY SYSTEM(S). At which time as the County's off-site system(s) becomes available for connection of the Project, all utility facilities required by the County in order to make such connection shall be conveyed to the County in accordance with County Ordinances, rules and regulations then in effect, together with all utility easements required by the County. All construction plans and technical specifications related to the connection to the County's off-site utility systems shall be submitted to the County for review and approval prior to commencement of construction. The COUNTY, at its option, may require conveyance of facilities internal to the project.

6.

CUSTOMER TURNOVER. All customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County at such time as the County's off-site potable water, non-potable irrigation water, and/or wastewater systems become available to serve the Project and such connection is made. Prior to connection of the interim utility system serving the Project to the County's off-site utility systems, the Developer shall submit to the County a complete listing of customers served by the interim utility system, and shall not compete in any way with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the Project, and cooperate fully in the expeditious transfer of any billing procedures.

7.

SYSTEM DEVELOPMENT CHARGES SHALL BE PAID PRIOR TO PERMIT ISSUANCE. The Developer shall be responsible for payment of all applicable system development charges in accordance with Ordinance 2001-13, Section 74-303 D: Payment, as then amended or superseded. This requirement shall be made known to all prospective buyers of properties for which building permits will be required, and supplied in writing upon closing of such properties.

8.

BINDING EFFECT. This Agreement shall be binding upon the parties, their successors and assigns.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written.

[Developer's witness and signature block - see Instruction No. 3]

ATTEST: Name of Clerk By _____ Deputy Clerk	BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT
	BY: _____ _____ , Chairman
Approved as to form and legal sufficiency
By: _____ Assistant County Attorney
[Developer's acknowledgment and notary block see Instruction No. 4]

 

Form 2 - Rev. 2004 ( Utilities Performance Bond )

UTILITIES PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS: that

[Insert name of Owner - See Instruction No. 2]
[Insert current business address of Owner]

(hereinafter referred to as "Owner", and

[Insert name of Surety - See Instruction No. 2]
[Insert current business address of Surety]

(hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida, (hereinafter called "County"), in the total aggregate penal sum of [insert written dollar amount] Dollars ($[insert numeric dollar amount]) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner entered into a certain Utilities System Construction Contract, dated the _______ day of _______, 20___, a copy of which is hereto attached and made a part hereof; and

WHEREAS the County has a material interest in the performance of said Contract; and

WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land Development Regulations") concerning the Owner's obligations to the County regarding the construction, conveyance and warranty of potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof constructed within the unincorporated area of Collier County;

NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties to the County under said Land Development Regulations and all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the guaranty period established by the County, and thereafter, and if the Owner shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder, or the specifications accompanying same shall in any way affect its obligation on this Bond, and does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than twenty percent (20%), 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 referring to this bond, the Contract or other documents shall include any alteration, addition or modification of any character whatsoever.

IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed this _______ day of _______, 20___.

[Owner's witness and signature block - see Instruction No. 3]
NOTE: Collier County shall not accept any Letters of Credit that cannot be presented in Florida.
[Surety's witness and signature block - see Instruction No. 3]
[Notary and acknowledgment blocks for both Owner and Surety required - See Instruction No. 4]

Prepared by: [name of person preparing this instrument]

[Address of person preparing this instrument]

Form 3 - Rev. 2004 - ( Letter of Credit )

IRREVOCABLE STANDBY LETTER OF CREDIT NO.
[Insert issuer's identifying number]

ISSUER: [insert full name and street address of Issuer] (hereinafter "Issuer").

PLACE AND DATE OF ISSUE: [insert address where credit is issued and date of issue].

PLACE OF EXPIRY: At Issuer's counters located at _______. [Must be in Florida]

DATE OF EXPIRY: This Credit shall be valid until [insert date of second anniversary of date of issue], and shall thereafter be automatically renewed for successive 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 to staff (at Engineering Review Services, 2800 N. Horseshoe Dr., Naples FL 34104) by registered mail that the Issuer elects not to so renew this Credit.

APPLICANT: [insert full name of person or entity - see Instruction No. 2] (hereinafter "Applicant") [insert Applicant's current business address].

BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") Collier County Courthouse Complex, Naples, Florida, 34112.

AMOUNT: $ [insert dollar amount] (U.S.) up to an aggregate thereof.

CREDIT AVAILABLE WITH: Issuer.

BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer.

DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: [insert name of Applicant] has failed to construct and/or maintain the [identify type of improvements by potable water, non-potable irrigation water, or wastewater or potable water and wastewater and/or non-potable irrigation water] additions, extensions and/or improvements as shown on the plans for [insert exact name or title of project shown on construction plans], or prior to the date of expiry the applicant failed to complete the required final acceptance procedures as required by the Collier County Utilities Standards and Procedures Ordinance, and the Applicant failed to provide the County with satisfactory alternative performance security as required by that Ordinance."

DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "Drawn under [insert name of Issuer], Credit No. [insert Issuer's number identifying this letter of credit], dated [insert original date of issue]". The original letter of credit and all amendments, if any, must be presented for proper endorsement.

This Letter of Credit sets forth in full the terms of the Issuer's undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referenced to herein or in which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement.

Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit.

This credit is subject to the Uniform Customs and Practice for Documentary Credits [1993 (or later generally applicable) Revision] International Chamber of Commerce Publication No. 500 [or later Publication No.].

[Name of Issuer]

By:___________
[Insert title of corporate officer - must be signed President, Vice President, or Chief Executive Officer]

[NOTE: Collier County shall not accept any Letters of Credit that cannot be presented at Place of Expiry in Florida.]

Form 4 - Rev. 2004 (Utilities Facilities and/or Utilities Easement(s) Subordination)
[Leave 3" space blank space in upper right hand corner for recording purposes]

UTILITY FACILITIES AND/OR UTILITIES EASEMENT(S) SUBORDINATION

 

THIS SUBORDINATION is dated this _______ day of _______, 20___, by
[Insert the complete and correct name of the Secured Party - see Instruction No. 2]

(Hereinafter referred to as the "Secured Party"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "County"). Secured Party as used herein includes singular or plural, as the context allows.

WHEREAS, the purpose of this Subordination is to subordinate the Secured Party's Security Interests that encumber good, marketable title to the Encumbered Utility Facilities and/or the related Utility Easement(s) being conveyed to Collier County, which Utility Facilities are located over, on and/or under the underlying real property that is encumbered by security interests in favor of the Secured Party as specified in the below-listed security instruments); and

WHEREAS, the Secured Party is the owner and holder of a _______ [Mortgage or Assignment of Rents and Profits, UCC-1*, etc.], recorded in Official Records Book _______, Page _______, et seq., Public Records of Collier County, Florida, [ and if applicable ], as amended by a _______, recorded at O.R. Book, Page _______ et seq., Public Records of Collier County, Florida.; and

[NOTE: *UCC-1s are usually subordinated by UCC-3s. If a UCC-1 or UCC-3 is recorded outside of Collier County, insert the Book, Page and place (usually Tallahassee) of the recordation of each such UCC-1 or UCC-3].

WHEREAS, the Secured Party is also the owner and holder of a _______, recorded at O.R. Book, Page _______, et seq., Public Records of Collier County, Florida, as amended by a _______ recorded at O.R. Book, Page _______ et. seq., Public Records of Collier County, Florida; and

WHEREAS, each above-referenced Security Instrument grants to this Secured Party a security interest that encumbers good and marketable title to the Encumbered Utility Facilities being conveyed to Collier County, and/or encumbers the related Utility Easement(s), if any, also being conveyed to Collier County, which Utility Facilities have been constructed within such easement(s) and are under, on and/or over the underlying real property; and

WHEREAS, prerequisite to the conveyance of the Utility Facilities and/or related Utility Easements, if any, being conveyed to the County, Collier County requires that this Secured Party must subordinate only its Security Interests in (i) the Encumbered Utility Facilities being conveyed to the County and (ii) each related Utility Easement(s), if any, being conveyed to the County; and the Secured Party is hereby complying with said request for these subordination(s).

NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by the Secured Party, the Secured Party hereby subordinates its security interests in the Encumbered Utility Facilities being conveyed to Collier County, and/or to each Utility Easement(s), if any, being conveyed to the County, which encumbered Utility Facilities are located over, on and/under the described underlying real property. Except as expressly subordinated herein, the Secured interests of the Secured Party remain in full force and effect.

IN WITNESS WHEREOF, the Secured Party has caused this Subordination to be executed the date and year first above written.

[Insert correct witness and signature block - see Instruction No. 3]

[Acknowledgment and notary block - see Instruction No. 4]

Prepared by: [Insert name and street address of the individual who prepared this Subordination]

[NOTE: Upon request, County staff will provide examples of properly executed Subordinations].

Form 5 - Rev. 2004 - (Attorney's Affidavit)

ATTORNEY'S AFFIDAVIT

STATE OF [Name of State]

COUNTY OF [Name of County]

BEFORE ME, the undersigned authority, on this _______ day of _______, 20___, personally appeared _______, who is to me well known, and having been sworn upon oath, deposes and states:

1.

My name is _______, I am over the age of twenty-one (21) years, am otherwise sui juris, and have personal knowledge of the facts asserted herein.

2.

I am a licensed attorney, Florida Bar #_______, authorized to practice law in Florida and am currently practicing law in the State of Florida. My business address is _______. My business telephone number is _______. My business mailing address is _______.

3.

This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as the Ex-Officio Governing Board of the Collier County Water-Sewer District to accept the dedication or conveyance of [identify type of utility facility by inserting potable water, non-potable irrigation water, or wastewater, or potable water and wastewater, and/or non-potable irrigation water] utility system(s) or portion(s) thereof located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier County, Florida.

4.

The Affiant has examined record title information to the underlying real property and the utility facilities being conveyed to the County referenced in this affidavit, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements.

5.

The record owner of the underlying real property described herein is [give full legal name of owner as it appears in title information; if owner is an entity, make reference to the laws of the state or jurisdiction under which entity was created and presently operates] (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded at Official Records Book _______, at Page ___ [insert official record book and first page of instrument where owner acquired title], Public Records, Collier County, Florida.

[INSTRUCTION: If the record owner is an entity, the Affiant must indicate that he has examined corporate or partnership information obtained from the jurisdiction under which the entity was created and presently operates, that the entity is current and active within said State or jurisdiction, that the entity is currently authorized to do business in the State of Florida, and identify the exact name and title of the persons authorized to execute the instruments on behalf of that entity in conjunction with the conveyance of the subject real and personal property. Pursuant to Section 689.071, Florida Statutes, IF the record owner is a trustee, the Affiant shall state that the Trustee has full power and authority to execute instruments of conveyance on behalf of the Trust and, if applicable, incorporate by reference and attach supporting documentation.] [If the record owner is an individual, the Affiant must state the marital status represented to the Affiant by the individual and, if married, state whether the real property is or is not homestead property. If the utility facilities being conveyed are located wholly within public right-of-way, the Affidavit should state that fact.]

6.

Title to the subject utility system(s) or portion(s) thereof and/or easement(s), if any, being conveyed to the County is not encumbered of record.

OR

Title to the utility system(s) or portion(s) thereof and/or easement(s) being conveyed to the County is encumbered by the following instruments of record:

1.

[describe recorded instrument that imposes security interest against title to the facilities] to [list name of the mortgagee(s)] _______, dated _______, _______, and recorded at O.R. Book _______, Page _______ et seq., Public Records of Collier County.

2.

UCC-1, recorded at O.R. Book _______, Page ___, Public Records of Collier County.

[INSTRUCTION: The Affiant must list each mortgage, assignment of rents and profits, UCC-1(s) or other security instrument that impress a security interest that could negatively affect conveyance of good title to the utility system(s) or portion(s) thereof and/or easement(s), if any, being conveyed to the County. If marketable title to the utility system(s) or portion(s) thereof and/or any easement(s) being conveyed is encumbered by any such recorded instrument, the Affiant shall describe the respective security instrument, including the book and first page where the security instrument has been recorded. It is not necessary to attach a copy of any such document to the Affidavit. This Affidavit must list each security interest that is listed in the Owner's Affidavit, and each such security interest must be subordinated. Do not list a Notice of Commencement or Reservation of Mineral Rights, etc., because such instruments do not negatively affect marketable title to the utility system(s) or portion(s) thereof and/or easement(s) being conveyed to the County. If all of the utility facilities being conveyed to the County are located in public right-of-way, do not list mortgages, etc., if they do not encumber after acquired property that is located in public right-of-way. Claims asserted under Chapter 713, Florida Statutes, must be "transferred to security" pursuant to Section 713.24, Florida Statutes, or other adequate security acceptable to the County Attorney must be provided to the County before the County will grant preliminary acceptance of title to such facilities.

7.

Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given.

[INSTRUCTION: Unless the time period is extended by staff for good cause in the specific instance, per Ordinance, the date of this Affidavit should not be dated earlier than sixty (60) days prior to the submittal of legal documents pertaining to Utility Conveyance to Collier County, Engineering Services to consider preliminary acceptance of the subject utility system(s) or portion(s) thereof documents.]

FURTHER AFFIANT SYSTEM NAUGHT.

DATED this _______ day of _______, 20___.

Attorney/Affiant Signature

Attorney/Affiant Name

SUBSCRIBED AND SWORN to before me this _______ day of _______, 20___, by (Insert name of Attorney/Affiant), who is personally known to me as _______ OR who produced identification _______.

Type of Identification Produced ___________.

Notary Public

My Commission Expires:

Printed, Typed or Stamped Name of Notary

Prepared by: [name of person preparing this Affidavit]

[Address of person preparing this Affidavit]

Form 6 - Rev. 2004 (Owners Affidavit)

OWNER'S AFFIDAVIT

STATE OF [name of State]

COUNTY OF [name of County]

BEFORE ME, the undersigned authority, personally appeared _______, who to me is well known, and having been duly sworn and under oath, deposes and states:

1.

My name is _______, I am over the age of twenty-one (21) years, am sui juris, and have personal knowledge of the facts asserted herein.

2.

I am the owner of said real property located at _______, and described on Exhibit A, which shows the location of the subject utility facilities being conveyed.

3.

All persons, firms, and corporations, including the general contractor, all laborers, subcontractors and sub-subcontractors, materialmen and suppliers who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction, installation and/or repair of [identify type of utility facility by inserting potable water, non-potable irrigation water, or wastewater, or potable water and wastewater and/or non-potable irrigation water] utility system(s) or portion(s) thereof on the real estate hereinafter described, have been paid in full and that such work has been fully completed and unconditionally accepted by the current owner of such facilities.

4.

No claims have been made to the owner, nor is any suit now pending on behalf of any contractor, subcontractor, sub-subcontractor, supplier, laborer or material-men, and no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility system(s) or portion(s) thereof placed upon or installed in or on the aforesaid premises.

5.

Title to the subject utility system(s) or portion(s) thereof and/or easement(s), if any, being conveyed to the County 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 utility system(s) or portion(s) thereof and/or any easement being conveyed to the County.

OR

Title to the utility system(s) or portion(s) thereof and/or easement(s) being conveyed to the County is subject to the following security interest(s) by the following recorded instrument(s):

1.

Mortgage (or Assignment of Rents and Profits) [describe only recorded instruments that impress a security interest against title to the system(s) or portion(s) thereof and/or any easement being conveyed to the County] to [list name of the mortgagee(s)] _______, dated _______, 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 ___.

[INSTRUCTION: The Affiant must list each mortgage, and/or each assignment of rents and profits, and each UCC-1, and/or each other recorded document that is a security interest that could negatively affect conveyance of good and marketable title to any of the utility system(s) or portion(s) thereof (and/or easement(s), if any) being conveyed to the County. If good, marketable title to the utility system(s) or portion(s) thereof and/or any easement(s) being conveyed is encumbered by any such recorded instrument, the Affiant must briefly describe each such recorded security instrument, including the book and first page where that security instrument has been recorded. It is not necessary to attach a copy of any such recorded document to the Affidavit. Do not list any Notice of Commencement or any Reservation of Mineral Rights, etc., because such documents do not impress any security interest against good, marketable title to the utility system(s) or portion(s) thereof and/or easement(s), if any, being conveyed to the County.]

6.

As and on behalf of the owner of the subject utility system(s) or portion(s) thereof, does for valuable consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as the Ex-Officio Governing Board of the Collier County Water-Sewer District harmless against any lien, claim or suit by any general contractor, subcontractor, sub-subcontractor, supplier, mechanic, material-man, or laborer, and against chattel mortgages, security interests or repair of the subject utility system(s) or portion(s) thereof by or on behalf of Owner. Affiant is used as singular or plural, as the context requires.

7.

The utility system(s) or portion(s) thereof referred to herein are located within the real property described in the attached Exhibit "A".

FURTHER AFFIANT SAYETH NAUGHT.

DATED this _______ day of _______, 20___.

Owner's/Affiant Signature

Printed Name of Affiant

SUBSCRIBED AND SWORN to before me this _______ day of _______, 20___, by (Insert name of Owner/Affiant (individual taking the oath), who is Personally known to me as _______ OR produced identification _______. Type of Identification Produced ___________

Notary Public

My Commission Expires:

Printed, Typed or Stamped Name of Notary

Prepared by: [name of person preparing this instrument]

[Address of person preparing this instrument]

Form 7 - Rev. 2004 ( Utility Easement )

[NOTE: Leave 3" blank space in upper right hand corner for recording purposes].

DEED OF UTILITY EASEMENT

THE UTILITY EASEMENT(S) (CUEs), are granted and conveyed this _______ day of _______, 20___, by [Name of Grantor - See Instruction No. 2] as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, GRANTEE.

WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by Grantee, receipt of which by is hereby acknowledged by Grantor, hereby conveys, grants, bargains and sells unto Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, right and privilege to enter upon and to install, relocate, repair and/or otherwise maintain utility system(s) and utility facilities, and/or portion(s) thereof, in, on, over and under the following described lands located in Collier County, Florida, to wit:

See attached Exhibit "A," which is incorporated herein by reference.

TO HAVE AND TO HOLD the same unto the Grantee, its successors and/or assigns, together with the right and privilege to enter upon said land to excavate, relocate and/or take and/or introduce materials for the purpose of constructing, operating, relocating, repairing and/or otherwise maintaining the subject utility facilities and/or system(s) or portion(s) thereof, in, on, over and/or under the easement area. Grantor and Grantee are used for singular or plural, as the context allows.

IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written.

[Witnesses and signature block - see Instruction No. 3]
[Acknowledgment and notary block - see Instruction No. 4]

Prepared by: [name of person preparing this instrument]

[Address of person preparing this instrument] Form 8 - Rev. 2004 ( Utility Facilities Warranty Deed and Bill of Sale )

[Leave 3" blank space in upper right hand corner for recording purposes].

UTILITY FACILITIES WARRANTY DEED AND BILL OF SALE

THIS INDENTURE made this _______ day of _______, 20___, between

[Name of Grantor - see Instruction No. 2] (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee").

WITNESSETH:

That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all [identify all types of utility facilities being conveyed by inserting "potable water" and/or "wastewater" and/or "non-potable water irrigation" and/or "potable irrigation water] utility facilities and/or system(s) or portion(s) thereof lying in, on, over and under the following described land, for operation, relocation, installation, repair and/or maintenance of said facilities, system(s) or portion(s) thereof, all situate and lying and being in Collier County, Florida, to wit:

(See Exhibit "A" attached hereto and incorporated by reference herein.)
(Exhibit "B" attached hereto is a sketch or other graphic representation that depicts the physical location of the utility systems being conveyed.)

and said Grantor does hereby fully warrant the title to said utility facilities and/or system(s) or portion(s) thereof, be they realty, personalty, or mixed, and Grantor will defend such title against all claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities, system(s) and/or portion(s) thereof conveyed herein shall not be deemed to convey any of the lands described in either exhibit. Grantor and Grantee are used for singular or plural, as context allows. A sketch or other graphic representation showing the location of the utility facilities, etc., being conveyed is attached as Exhibit B.

TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate and/or take or introduce materials for the purpose of constructing, relocating, operating, repairing and/or otherwise maintaining utility systems thereon. Grantor and Grantee are used for singular or plural, as the context requires.

IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written.

[Witness and signature block - see Instruction No. 3]
[Acknowledgment and notary block - see Instruction No. 4]

Prepared by: [name of person preparing this instrument]

[Address of person preparing this instrument]

Form 9 - Rev. 2004 (Final Attorney's Affidavit)

FINAL ATTORNEY'S AFFIDAVIT

STATE OF ___________

COUNTY OF ___________

BEFORE ME, the undersigned authority, personally on this _______ day of _______, 20___, appeared _______ (Affiant), who to me is well known, and having been sworn and under oath, deposes and states:

1.

My name is _______. I am over the age of twenty-one (21) years, am otherwise sui juris, and have personal knowledge of the facts contained herein.

2.

I am a licensed attorney, Florida Bar #_______, authorized to practice law in Florida and am currently practicing law in the State of Florida. My business address is _______. My business telephone number is _______. My business mailing address is _______.

3.

This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as the Ex-Officio Governing Board of the Collier County Water-Sewer District, to conduct a final utility inspection of [identify type of utility systems by inserting potable water or wastewater, or potable water and wastewater] utility system(s) or portion(s) thereof located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier County, Florida. [If all of the subject utility facilities that have been conveyed to the County are located in public right-of-way, the Affidavit can include the following statement: "All of the subject utility facilities that have been conveyed to the County are located in public right-of-way and, therefore, no utility easements have been conveyed to the County with regard to said utility facilities.]

4.

The Affiant has examined record title information with regard to privately owned real property where these utility facilities are located and with regard to the current state of the title to the utility facilities being conveyed to the County.

5.

The record owner of the utility system(s) or portion(s) thereof described herein is the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as the Ex-Officio Governing Board of the Collier County Water-Sewer District (hereinafter "County"). The County acquired its record interest by [insert exact name of each instrument] recorded at Official Records Book _______, at page _______ [insert official record book and first page of each instrument where owner acquired title] [if a utility easement was also acquired continue sentence and add: together with an appurtenant utility easement(s) recorded at Official Records Book _______, page _______] Public Records, Collier County, Florida.

6.

Subsequent to the time that the County recorded its interests in the subject utility system(s) or portion(s) thereof and, if applicable, easement(s), as specified in paragraph 3, above, no interest of the County in the subject utility system(s) or portion(s) thereof and, if applicable, easement, is encumbered of record by any document filed by or on behalf of the landowner (or predecessor in title to the underlying real estate in the Public Records of Collier County, Florida, and/or the Office of the Secretary of State.

7.

Affiant further states that the information contained in this Affidavit is true, correct and current as of the date of the recordation of the recorded documents referenced herein which conveyed or granted the subject utility system(s) or portion(s) thereof and/or easement interests to the County.

FURTHER AFFIANT SYSTEM NAUGHT.

DATED this _______ day of _______, 20___.

Affiant's Signature

Affiant's Printed Name       [No witnesses required]

[Notary block] - SUBSCRIBED AND SWORN to before me this _______ day of _______, 20___, by (insert name of Affiant - the individual taking the oath), who is personally known _______ OR produced identification _______. Type of identification produced _______.

Notary Public

My Commission Expires:

Notary Printed or Typed Name (if not on stamp)

Prepared by: [name of person preparing this instrument]

[Address of person preparing this instrument]

(Ord. No. 04-31, App. A)