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Marker Lake VillasMEMORANDUM DATE: April 9, 1999 TO: Maureen Kenyon, Supervisor, Clerk to Board FROM: Shirley Nix, Engineering Technician II~j Project Plan Review RE: Marker Lake Villas Water and Sewer Facilities Acceptance Recording Fee Number 113-138312-649030 On /8/C'4/'~gLff? ]']f/~, , ~9~jThe Board of County Commissioners gra~t~d final acceptance of the water and/or sewer facilities within the above-referenced project. Attached, please find the following recorded, 1. Utilities Facilities Subordination, Also, please find attached the files. 5. Owner's Affidavit 6. 7. in order: Consent and Joinder for your 10. UCC-3 form Bill of Sale Utilities Facilities Warranty Deed following documents Attorney's Affidavit Copy of preliminary approval letter from Engineering Review Engineer's final payment confirmation Certification of pressure testing of water lines by Engineer of Record Certification of pressure testing of sewer lines by Engineer of Record Memorandum to Maureen Kenyon, April 9, 1999 Page Two Supervisor, Clerk to Board 11. 12. Bacteriological clearances (DER certification) for water facilities DER Placement-in-Service letter for sewer facilities 13. 14. 15. 16. 17. 18. 19. 18. 19. 20. 21. 22. Contractor's Final Release of Lien Lab results on bacteriological test for water lines Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements Contractual Guarantee for material and workmanship for a period of at least one year after the Board of County Commissioners' acceptance for both water and sewer facilities Payment of water usage, laboratory and administrative charges for filling, flushing and bacteriologically certifying water lines from invoice prepared by the Utilities Division Letter from fire district regarding ownership and maintenance of fire hydrants and certification of field fire flow capacity testing Certification of the inflow/infiltration test for the sewer lines by Engineer of Record Coating certification of man holes, wet wells and dry well from manufacturer Electrical Contractor's certification on Pump Station electric service wire sizing and voltage drop, pursuant to National Electrical Code specification Copy of pump station start-up report Copy of video tape test report Memorandum to Maureen Kenyon, April 9, 1999 Page Three Supervisor, Clerk to Board 23. Letter from Compliance Services section certifying that the final inspection reveals that the Utility facilities have been constructed in accordance with County ordinances and regulations If you have any questions, please call and advise accordingly. attachments doc:2094-2 -4 -4 r- THE PRINT SHOP (941) 775 3553 2458427 OR: 2531 PG: 2860 RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL 04/06/1999 at II:07AM DW!GNT E. BROCK, CLERK RBC FEE !5.00 Retn: ENGINEERING REVIEW SERVICES SHIRLEY NIX UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND JOINDER given thi~ '-'-day 1998, by SOUTHTRUST BANK, N.A., a national banking association (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNiNG BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain: (a) Mortgage, Security Agreement, And Assignment Of Rents, Assignment Of Rents, Lease, Profits, And Contracts, and that certain UCC-1 Financing Statement, each dated November 6, 1997, and recorded in Official Records Book 2362, Page 3209 through 3239, inclusive, of the Public Records of Collier County, Florida (hereinafter referred to as "First Mortgage"), encumbering the premises legally described therein, (hereinafter referred to as the "Encumbered Property"). WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of utility facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Mortgagee consent to, join in, and subordinate its Mortgages to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any utility facilities located therein or affixed thereto. Except as subordinated to the easement described OR: 2531 PG: 2861 herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. 1N WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. SOUTHTRUST BANK OF FLORIDA, N.A., a national banking association By: CRAIG El. SHERMAN, As Its Vice President (CORPORATE SEAL) PrintName: ~)a~q<'/[~ ~/, 30~3 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me thiN day of~ , 1998, by CRAIG D. SHERMAN, as Vice President of SOUTHTRUST BANK OF FLORIDA, N.A., a national banking association, who is personally known to me or '::k,s hag v~---rod~ed SIGNATURE OF N~ TYPED OR PRINTED NAME OF NOTARY Commission No. Expiration Date of Commission: Prepared by: Jeffrey S. Kannensohn, Esquire PORTER, WRIGHT, MORRIS & ARTHUR 4501 Tamiami Trail North, Suite 400 Naples, Florida 34103 COASTAL ENGINEERING CONSULTANTS ,, ,*** OR: 2531_PG;~12862 *** . EXqilBIT "A" All County Utility Easement`: I¥in8 in Marker Lak~' Villaa as recorded in Plat Book 30, Page,: 46 and 47 of tho Public Kecorda of Collier County, Florida. HORSESHOE _DRIVE. NAPLES, FLORIDA 34104 · (041) 643-2324 · FAX (941) 643-1143 STATE OF FLORIDA UNIFORM COMMERCIAL CODE STATEMENT OF CHANGE FORM UCC-3 (REV. 1993) This Statement of Change is presented to a filing officer pursuant to the Uniform Commercial Code: 1. Debtor (Last Name Fimt if an Individual) la. Date of Birth or FEi# MARKER LAKE VILLAS, INC., a Florida corporation lb. Mailing Address lc. City, State ld. Zip Code 11216 Tamiami Trail North Naples, Florida 34110 2. Additional Debtor or Trade Name (Last Name First if an Individual) 2a. Date of Birth or FEI# 2c. City, State 2d. Zip Code 2b. Mailing Address 3. Secured party (Last Name First if an Individual) SOUTHTRUST BANK, NA. 3a. Mailing Address 2400 Tamiami Trail North 3b. City, State 3C. Zip Code Naples, Florida 34103 4. Additional Secured Party (Last Name First if an Individual) 4a. Mailing Address 4b. City, State 4c. Zip Code 5. This Statement refers to original Financing Statement bearing file number: O.R. Book 2362, Page 3236, flied on 11/1:~/97 . Public Records of Collier County The original Financing Statement between the Debtor and Secured Party bearing the file number shown above is continued. The Secured Party releases the collateral described in Block 7 below from the Financing Statement beating the file number shown above. RELEASE DOES NOT TERMINATE LIEN AGAINST DEBTOR. All of the Secured Pa~y's rights under the Financing Statement have been assigned to the assignee whose name and address is shown in Block 7 belOW. -Some of Secured Pady's rights under the Financing Statement have been assigned to the assignee whose name and address is shown in Block 7. A description of the collateral subject to the assignment is also shown in Block 7. Tl~e Financing Statement bearing the file number shown above is amended as set forth in Block 7. (See instructions for signature requirements.) F. [] Termination - The Secured Part-/no longer claims an interest under the Financing Statement bearing the file number shown above. G. [] Other- Subordination Description of collateral released or assigned, Assignee name and address, or amendment. Use additional sheet(s) if 6. A. [] Continuation- B. [] Release- C. [] Full Assignment- D. [] Partial Assignment E. [] Amendment- necessary. The above-described financing statement is hereby made subordinate to the rights of the B°ard °f C°unty Commissioners of Collier County, Florida as the governing body of Collier County and as ex-officio of the governing board of the Collier County Watar-Sewer District, its successors and assigns, under Utility Easement dated ,1998, executed and delivered by Marker Lake Villas, Inc., and recorded in the Public Records of Collier County, Florida. 8. Signatu, r~(s) of~)cqStor(s):~o~ly if amendment - see instructions) Eugene C. Thrus'Rl~nan, As Its President 9. Signature(s) of Secured party(les): SOUTHTR~,I-~T BANK, N.A. Craig'~D. Sherman, As Its Vice President 10. Number of Additional Sheets Presented Return Copy to: Name Jeffrey S. Kannensohn, Esquire Address Porter, Wright, Morris & Arthur Address 4501 Tamiami Trail North, Suite 400 City, State, Zip Naples, FL 34103-3013 04 This space for use of Filing Officer 2458428 OR: 2531 PG: 2863 :ORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 06/1999 at Ii:07AM DWIGHT E. BROCK, CLERK REC FEE 6,00 ;INHERING REVIEW SERVICES iRLE¥ NIX 5586 10083599 01 STANDARD FORM - FORM UCC-3 Approved by Secreta~ of State, State of Florida 2458429 OR: 2531 PG: 2864 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/06/I999 at It:07AM DWIGHT E, BROCK, CLERK RBC FEE 19.50 Retn: ERGIREERIRG REVIEW SERVICES SBIRLHY EXT 5586 BILL OF SALE THIS BILL OF SALE evidenci,~.the sale and conveyance of the water and sewer utility facilities described herein is made this[~ ~day of ~ ,1998, by MARKER LAKE VILLAS, 1NC., a Florida corporation (hereinafter referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Buyer"). WITNESSETH: That said Seller, for and in consideration of the sm ofTen 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 granted, bargained, 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, ail those certain water and sewer facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: See Exhibit "A" attached hereto and incorporated by reference herein. The Seller, for itself and its successors, hereby covenants to and with the Buyer 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 chattels are free from ail liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. OR: 2531 PG: 2865 IN WITNESS WHEREOF, SELLER has caused these presents to be executed the date and year first above written. SELLER: MARKER LAKE VILLAS, INC., a Florida corporation -' By: ~ ~EUGE~-'~XC. TH-~HMAN, as Presidem 11216 Tamiami Trail North Naples, Florida 34110 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this/~ ~tay o~1998, by EUGENE C. THRUSHMAN, as President of MARKER LAKE VILLAS, INC., a Florida corporation, who is personally known to me ~ '.vk: u~ rr~o .... 'd as .hte. xaificati~n. TYPED OR PRINTED NAME OF NOTARY Commission No. Expiration Date of Commission: Prepared by: Jeffrey S. Kannensohn, Esquire Porter, Wright, Morris & Arthur 4501 Tamiami Trail North, Suite 400 Naples, Florida 34103 NAPLES/0082443 Ol ~OR:2531_PG:,_2866 COASTAL ENGINEERING CONSULTANTS EXI{IBIT "A" All County Utility Eaaemcnta lying in Marker Lake Villaa aa recorded in Plat Book 30, Pages 46 and 47 of the Public Kecord$ of Collier County, Florida. 3106 S. HC)RSESHOE DRIVE o NAPLES. FLORIDA 34104 · (941) 643-2324 · FAX (041) 643-1 t4.3 **[,,,,OR: 2531 PG: 286,7, COASTAL ENGINEERING CONSULTANTS INC EXI~IBIT "A" All County Utility Easemcnta tying in Marker Lska Villas ~a recorded in Plat Book 30, Pages 46 and 47 of the Public Records of Collier County. Florida. 3106 5. HORSESHOE DRIVE · NAPLES. FLORIDA 34104 - (941) 643-2324 · FAX (941) 643-1143 2458430 OR: 2531 PG: 2868 RECORDED zn OFFICIAL RECORDS of COLLIER COUNTY, FL 04/06/1999 at Ii:07AR DWIGHT E. BROCK, CLERK REC FEE !0.50 DOC-.?0 .70 Retn: ENGINEERING REVIEW SERVICES SHIRLEY NIZ EZT 5586 UTILITY FACILITIES WARRANTY DEED THIS INDENTURE made this [~ d:ffday of ~, 1998, between MARKER LAKE VILLAS, INC., a Florida corporation(hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee"). WITNESSETH: That said Grantor, for and in consideration of the sutn ofTen 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 water and sewer facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: See Exhibit "A" attached hereto and incorporated by reference herein. and said Grantor does hereby fully warrant the title to said utility facilities, and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A". Grantor and Grantee are used for singular or plural, as context requires. OR: 2531 PG: 2869 IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. GRANTOR: MARKER LAKE VILLAS, INC., a Florida corporati~_~/ ~,~-~ ' EUG~-N]~ Tff-RUS~MAN, as President 11216 Tamiami Trail North Naples, Florida 34110 (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this/~'J~ay of~~ 1998, by EUGENE THRUSHMAN, as President of MARKER LAKE VILLAS, 1NC., a Florida corporation, who is personally known to me er who b_°~ Freduccd -- '-- as' i~. SIGNATURE OF ~qOTARY~/UBI~C TYPED OR PRINTED NAME OF NOTARY Commission No. Expiration Date of Commission: Prepared by: Jeffrey S. Kannensohn, Esquire PORTER, WRIGHT, MORRIS & ARTHUR 4501 Tamiami Trail North, Suite 400 Naples, Florida 34103 COASTAL ENGINEERING CONSULTANTS INC EX~IBIT "A" All County Utility Easements lying in Marker Lake Villas ~ racorded iii Plat Book 30. Pages 46 and 47 or'the Public Records of'Collier County, Florida. 3106 S HORSESHOE DF~IVE * NAPLES. FLORIDA 34104 "' (941)643-2324 · FAX (941)643-1143 OWNER'S AFFIDAVIT STATE OF FLOP DA COUNTY OF COLLIER On this lq ~day offf'/~. 1998, before me personally appeared EUGENE THRUSHMAN, as President of MARKER LAKE VILLAS, INC., a Florida corporation, owner of property to me personally known (hereinafter "Affiant"), who, being duly sworn on his oath, did say that all of the persons, firms, and corporations, including the general contractor and all subcontractors, who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction or repair of the water and sewer facilities on the real estate hereinafter described, have been paid in full and that such work has been fully completed and accepted 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, subcontractor, laborer or materialman, and further that no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility facilities placed upon or installed in the aforesaid premises. Affiant further says that the utility facilities described herein are not included in, encumbered by, or subject to any real property mortgage, chattel mortgage, security agreement, Uniform Commercial Code financing statement, or any other encumbrance, except as follows: (a) UCC-1 Financing Statement with SouthTrust Bank, N.A. named as secured Party filed with the Secretary Of State for Florida on November 10, 1997, under file Number 970000252850. (b) UCC-1 Financing Statement with SouthTrust Bank, N.A. named as secured Party filed with the Clerk Of Court for Collier County, Florida on November 13, 1997, in Official Records Book 2362, Page 3235, Public Records of Collier County, Florida. (c) Mortgage, Security Agreement, And Assignment Of Rents in favor of SouthTrust Bank, N.A., recorded on November 13, 1997 in Official Records Book 2362, Page 3209, securing an acquisition/development loan of $1,080,000.00, and a revolving construction loan of $800,000.00, for a total sum of $1,880,000.00. (d) Assignment Of Rents, Leases, Profits, And Contracts in favor of SouthTmst Bank, N.A., recorded on November 13, 1997, in Official Records Book 2362, Page 3225, securing an acquisition/development loan of $1,080,000.00, and a revolving construction loan of $1,100,000.00, for a total sum of $800,000.00. All references to recording in Official Records Book shall mean in the Public Records of Collier County, Florida. 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 Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District harmless against any lien, claim or suit by any general contractor, subcontractor, mechanic or materialman, and against chattel mortgages, security interests or repair of the subject utility facilities. Affiant is used as singular or plural, as the context requires. The utility facilities referred to herein are located within the real property described in the attached Exhibit "A". BORROWER/ASSIGNOR: MARKER LAKE VILLAS, INC., a as President 11216 Tamiami Trail North Naples, Florida 34110 (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF COLLIER SWORN TO AND SUBSCRIBED before me this ]~ day of~ 1998, by EUGENE C. THRUSHMAN, as President of MARKER LAKE VILLAS, INC., a Florida corporation, who executed the foregoing instrument, and acknowledged before me that he executed it in the name of and for that corporation, [~d-x~ho is personally known to me, or [ ] has produced as identification and who took an oath. SIGNATURE OF NOTARYtsI~JBI~C TYPED OR PRINTED NAME OF NOTARY Commission No. Expiration Date of Commission: Prepared by: Jeffrey S. Kannensohn, Esquire PORTER, WRIGHT, MORRIS & ARTHUR 450t Tamiami Trail North, Suite 400 Naples, Florida 34103 NAPLES/0083596 01 COASTAL ENGINEERING CONSULTANTS INC EXHIBIT "A" All County Utility Basements lying in Marker Lake Villas ~ recorded i~ Pla~. Book 30, Pages 46 and 47 of the Public Records of Collier County, Florida. 3106 S HORSESHOE DRIVE. NAPLES. FLORIDA 34104 · (041)643-2324 · FAX (041)643-1 I43 ATTORNEY'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER ON THIS ~'3~day of ~e~,1998, before me personally appeared JEFFREY S. KANNENSOHN, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is 4501 Tamiami Trail North, Suite 400, Naples, Florida 34103, (941) 263-8898 (hereinafter "Affiant"), who, being duly sworn on his oath, does say: 1. 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 Ex-Officio the Governing Board of the Collier County Water-Sewer Dislrict to accept the dedication or conveyance of water and sewer utility facilities 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. 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 from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. 3. The record owner of the real and personal property described herein is MARKER LAKE VILLAS, 1NC., a Florida corporation hereinafter "Owner"). The Owner acquired record title to the subject real property by instruments recorded at Official Records Book 2362, at Page 3206 et seq., Official Records Book 2407, Page 1107, Public Records, Collier County, Florida (copies attached as Exhibit "B") 4. Affiant has examined the Article Of Incorporation of the Owner obtained from the Florida Secretary of State under which the corporation was created and presently operates; that the corporation is current and active within the State of Florida; that the corporation is currently authorized to do business in the State of Florida, and Eugene Thrnshman, as President of MARKER LAKE VILLAS, INC., a Florida corporation is authorized to execute the instruments on behalf of the entity in conjunction with the conveyance of the subject real and personal property. 5. The subject real and personal property is encumbered of record and is the subject of the following financing statements filed in the Public Records of Collier County, Florida or the Office of the Secretary of State: (a) UCC-1 Financing Statement with SouthTrnst Bank, N.A. named as secured Party filed with the Secretary Of State for Florida on November 10, 1997, under file Number 970000252850, a copy of which is attached hereto as Exhibit "C" and incorporated herein by reference hereto. (b) UCC- 1 Financing Statement with SouthTrnst Bank, N.A. named as secured Party filed with the Clerk Of Court for Collier County, Florida on November 13, 1997, in Official Records Book 2362, Page 3235, Public Records of Collier County, Florida, a copy of Florida, a copy of which is attached hereto as Exhibit "D" and incorporated herein by reference hereto. The real property and personal property are subject to the following liens and encumbrances: (a) Mortgage, Security Agreement, And Assignment Of Rents in favor of SouthTrust Bank, N.A., recorded on November 13, 1997 in Official Records Book 2362, Page 3209, securing (i) an acquisition/deveinpment loan of $1,080,000.00, and a revolving construction loan of $800,000.00, for a total sum of $1,880,000.00, a copy of which is attached hereto as Exhibit "E" and incorporated herein by reference hereto. (b) Assignment Of Rents, Leases, Profits, And Contracts in favor of SouthTrust Bank, N.A., recorded on November 13, 1997, in Official Records Book 2362, Page 3225, securing (i) an acquisition/development loan of $1,080,000.00, and a revolving construction loan of $1,100,000.00, for a total sum of $800,000.00, a copy of which is attached hereto as Exhibit "F" and incorporated herein by reference hereto. All references to recording in Official Records Book shall mean in the Public Records of Collier County, Florida. 7. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. ~~ih~&~E~A,q~s~u~:e 400 Naples, Florida 34103 STATE OF FLORIDA COUNTY OF COLLIER SWORN TO AND SUBSCRIBED before me this~q~>r~day of KANNENSOHN, ~ who is personally known to me, or [ ] has produced and who took an oath. ~ ~X~II~: December 21, 1998 998, by JEFFREY S. as identification SIGNATURE OF NOTARY PUBLIC ~/ TYPED OR pRINTED NAME OF NOTARY Commission No. Expiration Date of Commission: Prepared by: Jeffrey S. Kannensohn, Esquire PORTER, W]RIGHT, MORRIS & ARTHUR 4501 Tamiami Trail North, Suite 400 Naples, Florida 34103 COASTAL ENGINEERING CONSULTANTS INC EXfIIBIT "A" All County Utility Easements lying in Marker Lake Villas aa recorded in Plat Book 30, Pages 46 and 47 or'the Public Records of'Collier County. Florida. 3106 5 HORSESktOE DRIVE, NAPLES. FLORIDA 34104 · (941) 643-2324 · FAX (041) 643-1143 I ! I I I I I i I I I ! *** 2246920 OR: 2362 PG: 3206 *** ~C Ill ~C-J0 (0~S.OO wARRANI~ DEED (STATUTORY [q~ ' THiS INDEH~RE, ma~e ~a _ ~ ~ ~ ~ ~ 1997, 8e~een JOHN NEVINS, aa B~op ~ ~o Di~ ~ Ven~, I ~r~r~on iole, p~ Office Box ~, Veni~, F~ ~, ~d ~R ~ vI~S, INC., end · Florid~ cor~ration, ~ G~TEE*, w~ ~ ~ 11216 T~ Tr~l N~, N~I~, F~ ~110 ~~ ~V4) ~ ~w~ Signature of W~ Diode of Veni~, a ~r~rafion so~e I I I I ! I ! Signature of W'rthess STATE OF FLORIDA COUNTY OF SARASOTA The foregoing ins+Jument was acknowledged before me this 3rd . day of November .., 997, 0y JOHN J. NEVlNS, as Bishop of the DIoce~e of Venice, a corporation sole, [] who is/a~ecpersonally known to me, or [] wino produced My Commission Expires: as identification. ~OTARY P 'i' (.Seal) This instrument prepared by: Jeffrey S. Kanncnsohn, Esquire PORTER, WRIGHT, MORRIS & ARTHUR 4501 Tamiami Trail North, Suite 400 Naples, FL 34103-3013 2303839 OR: 2407 PG: 1107 ~¢O~R~ i~ O~qI¢IM, ~CO~$ of COl, bIRR COI~IITL 01/09/~B at 0B:lZAll OIiI$~ I. BROCK, CLRRll CONS 5000.00 R~C ~00 10.50 OOC-.?0 25.00 PORTBR YRIG~? I? A~ 4501 ?itllI~I ?! N ~400 N&FBBS ~L 24103 2013 Property Tax I.D. No.: Grantee's Tax I.D. SPECIAL WARRANTY DEED THIS INDENTURE is being executed effective the ~ day of March 1998, by STEVE POLOHA, an unremarried widower, whose post office address is 6156 Edgebrook Boulevard, Parma Heights, Cuyahoga County, Ohio 44130 (heminaRer referred to as "Grantor") to MARKER LAKE VILLAS, INC., a Florida corporation 0aereinafler collectively referred to as the "Grantee"), whose post office address is: 11216 Tamiami Trail North, Naples, Florida 34110. (Wherever used i~:rcin the terms "GranWr" and "Orantec' shall include singular and plural, heirs, Icsal rcprescntati~s, ~d assigns of individuals, and the successors and assigns of corporaxions, wherever the context so admits or requbes.) WITNESSETH, thru the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain real property situate and being in Collier County, Florida 0aereinaf~er referred to as the "Property"), and being more particularly described as follows: The South 30 feet of the East half of the Northwest quarter of the Northwest quarter of the Northeast quarter of Section 2, Township 49 South, Range 25 East, Collier County, Florida. TOGETHER WITH all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that the Grantor has good right and lawful authority to sell and convey the Property, and hereby fully warrants the title to the Property, and will defend the same against the lawful claims of all persons whomsoever. This conveyance is subject to taxes accruing subsequent to December 31, 1997, and to easements, restrictions, agreements, conditions, limitations, *** OR: 2407 PG: 1108 *** reservations and matters of record, if any, but this reference to the forgoing shall not operate to reimpose the same. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed and delivered in its name by its general parmer thereunto duly authorized, and has intended this instrument to become effective as of the day and year first above written. Signed and delivered By: STATE OF OHIO COUNTY OF CUYAHOGA I HEREBY CERTIFY that on this day, before me, a Notary Public, duly authorized in the State and County aforesaid to take acknowledgments, personally appeared STEVE POLOHA, and who executed the foregoing instrument, and is personally known to me WITNESS my hand and official seal in the County and, State named a!~ve, this~ oD-~ day of March 1998. ~~--~ .~//3/ / ~/ .' . Printed Name: My Commission expires: (SEAL) Serial No. (if may): STATE OF FLORIDA · " ' ' E FINANCING STATEMENT UNtf:OP'~-COMK~ERC~AL COD MARKER LAKE VILLAS, iNC., a Florida corpora§on -~a~ Naples, F$ofida 11216 Tamiami Trail Nor[h FoRM UCC-1 (REV. 1993) Zip Code )r FEt~ Code ;OUTHTRUST BANK, 2400 Tamiami Trail North ~mped~ Naples, Florida ~Code 34103 Z~p C~e >rope~t7 on which Iocata~ and own¢ mquked. If mom spac~ is ~e<~ired, attadl addi~iona[ sheet(s)]. As set forth in Exhibit'A' attached hereto and made a part hereof, and as set forth in Exhibit 'B" attached hereto and made a part hereof. Debtoc is bSe owner of the real property described in Exhibit "A'. [] Products of cea~t,,rst am also covered. I El proceeds of ¢~aterel are also cove~ed. [~ Deb~'ls tnu~W~i~ng utJllb'. become due and payable pursuant to s, (One box must be morke¢l) I--1 F~ida Documente~/Stamp Tax is nct required. Number of a~d~onal sheets presented: 4 4 a sec~ ~y tntem~[ in col~.tera~: Use of Filing Officer I-]already subject to a securE'/i~emst in another jurisdiction when it was brought into this state or debte~s lecatioo changed to ~ls state. , [~ which is proceeds o~ the mtgknst c~lletaral desc~bed above in which a secu~y interest was I~- Date filed ~ am:l previous E] as to which ~e liling haS lapsed. UCC-I ~ number_ [] acquired after a chang® ~ name, ~de ,n~J~y, or coq~rate s!mctu~'e of the debtor. - i=rank N. Wo~od'w~, As Its vice r Name Jeffi'ey S. Kannensohn, Esq, dress Porter, Wright, Morris & At. ur 4501 Tamiami Trail North, Suite 400 Naples, FL 34103-3013 FILED NOV 10, 1997 08:00 AM SECRETARY OF STATE TALLAHASSEE, FLORIDA 970000252850 "' -- ~TANDARD FORM - FORM UCC-1 STATE OF FLORIDA 'FORM cOMMERCIAL CODE FINANCING STATEMENT Debtor (Last Name First if an Individual) la. Date of Biith or FEI# MARKER LAKE VILLAS, INC., a Florida corporation lc. City, State lb Mailing Address Naples, Flodda 11216 Tamiami Trail North ~nal Debtor or Trade Name (Last Name First if an Individual) Mailing Address 3 Secured Party (Last Name First if an Individual) - SOUTHTRUST BANK, N.A. ~g Address FORM UCC-1 (REV. 1993) ld. Zip Code 34109 2a. Date of Bi~th or FEI# City, State 2d. Zip Code 3c. Zip Code 34103 3b. City, State Nap es, Florida 2400 Tamiami Trail North 4 Assignee of Secured Party (Last Name First if an Individual) 4a. Mailing Address 4b. City, State 4c. Zip Code 5. This Financing Statement covers the following types or items or property [Include description of real property on which ~ocated and owner of record when required, if more space is required, attach additional sheet(s)]. As set forth in Exhibit "A" attached hereto and made a part hereof, and as set forth in Exhibit "B" attached hereto and made a part hereof. Debtor is the owner of the real property described in Exhibit "A". 6. Chech only if Appliceble: 7 Ch~ck appropdate box: (One box must be ma~ked) [] Products of collateral are also covered. ~ Proceeds of collateral are also covered. [] Debtor is transmitting utility.. ~ All documenta~ stamp taxes due and payable or to become due and payable pursuant to $. 201.22 F.S., have been paid. lEI Florida Documentary Stamp Tax is not required. 6 in accordance with s. 679.402(2), F.S., this statement is filed without the Debtor's signature to perfect a security interest in collateral: ~ already subject to a security in[erest in another judsdlotion when it was brought into this state or debtoCs Iocatio~ changed to this state. L~ which is proceeds of the original collateral described above in which a security interest was ~ as to which the filing has lapsed. Date filed , and previous UCC*I file number ~ acquirdd after a change of name, identity, or coq~orate structure of the debtor. 10. Signature(s) of Debtor(s) MARKER LAKE vIU..A~ 'Eugene~-~?~rush m~n,~ts-"'~sidenf'"-~ i il. Signature(s) of Secured Party or if Assigned, by Assignee(s) 22 z~l~l~ i SOUTHTRUST I~AN_K,, N.A. ~ /¢ Frank N. W~:~Jward, As Its Vice President 12 Return Copy to: Address Address Cty Sta e, Zip Jeffrey S. Kannensohn, Esq. Porter, Wright, Morris & Arthur 4501 Tamiami Trail North, Suite 400 NaFles, FL 34103-3013 Number of additioaal sheets presented: 4 This Space for Use of Filing Officer 6924 OR: 2362 PG: 3235 tn O~ICI~L ItlCOiD$ o! COLLIIIt COllifi, at l~:l/~ll DIIIGII! I, BLOC[, CLiR[ tlc ~SI 24,00 34103 3013 STANDARD FORM - FORM UCC-I EXHIBIT OR: 2362 PG: 3236 The East half (Z%) of the Northwest Quarter (~F%) of the Northwest Quarter (NW%) of the Northeast Quarter (NEt~) of Section 2, Township 49 South, Range 25 ~ast, Collier County, Florida, six (6) acres, more or less, L~SS ARD KXCEPTING the South 30 feet thereof for road right-of-way Purposes. AND The #est 1/2 (wi/l) of the Northeast Quarter (N.S. 1/4) of the Morth.est Quarter (N.M. oi ~hs NortJ3eest ~l~rter (N.5. 1/41 of Sectio~ 2, Township 49 South, ~ge RS East, Collier Count7, Florida. OR: 2362 PG: 3237 EXHIBIT "B" This financing statement covers the following types and items of property: All property fights of any kind whatsoever, whether personal, mixed, or otherwise, including accounts, general intangibles, equipment and inventory, which are located at, or which are used in connection with or arise out of the conduct of the Debtor's business (the Secured Party in the "Financing Statement" is sometimes herein referred to as the "Mortgagee") related to that certain parcel or real estate situate in Collier County, Florida, and legally described as follows (the "Property"): SEE EXHIBIT "A" ATTACHED HERETO AND 13Y THIS REFERENCE MADE A PART HEREOF including the following: (a) All buildings, structures and other improvements now or hereafter located on, above, or below the surface of the Property, or any part and parcel thereof. (b) All right, title, and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber, and other emblements now or hereafter on said Property or under or above the same or any part or parcel thereof. (c) All and singular the tenements, hereditaments, easements, gores of land, riparian, and littoral rights, and appurtenances thereunto belonging or in anywise appertaining, whether now owned or hereafter acquired by Debtor, and including all rights of ingress and egress to and from adjoining property (whether such fights now exist or subsequently arise), together with the reversion or reversions, remainder and remainders, rents, issues, and proftts thereof; and also all the estate, fight, title, interest, claim, and demand whatsoever of Debtor in and to the same, and to every part and parcel thereof. (d) All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to said Property, and including all trade, domestic, and ornamental fixtures, and articles of personal property of every kind and nature whatsoever (hereinafter collectively called "Equipment"), now or herea~er located in, upon, or under said Pwperty or any part thereof and used or usable in connection with any present or future operation of said Property and now owned or hereafter acquired by Debtor, including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines, pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, rangers, fumaces, oil burners or units thereof; appliances; ak-cooling and ak-conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; rcfrigerators; attached cabincts; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings; together with all building materials and equipment now or hereafter delivered to the Property and intended to be installed therein, including but not limited to, lumber, plaster, cement, shingles, .roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass, doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment; together with all-proceeds, additions and accessions thereto and replacements thereof (Debtor hereby agreeing with respect to all additions and replacements to execute and deliver from time to time such further instruments as may be requested by Mortgagee to confirm the conveyance, transfer and assignment of any of the foregoing). (e) All of the water, sanitary, and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located by, over, and upon the Property hereinbefore described, or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves, and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes, and appurtenances. (t') All fight, title, and interest of Debtor in and to the land lying in the bed of any street, road, or avenue, opened or proposed, in front of or adjoining the Property and in and to the appurtenances thereto. (g) All paving for streets, roads, walkways, or entranceways now or hereat'ter owned by Debtor and which are now or hereafter located on the Property or serve the Property or any party or parcel thereofi (h) The common elements appurtenant to any parcel, unit, or lot which is all or part of the Property. (i) Debtor's interest as lessor in and to all leases of the Property, or any part thereof, heretofore made and entered into, and in and to all leases hereafter made and entered into by Debtor during the term of this Mortgage or any extension or renewal hereof, together with any and all guarantees thereof and including, without limitation, all present and future cash or securities, security deposited thereunder to secure performance by the lessees of their obligations thereunder, regardless of how said cash or securities are to be held by Debtor pursuant to the terms of such leases, and advance rentals, reserving to Debtor its equity of redemption rights therein, provided and hereby intending that in case of foreclosure sale, the Debtor's interest in any such leases then in force shall, upon expiration of Debtor's fight of redemption, pass to the purchaser at such sale as a part of the Property; subject to election by the purchaser to terminate or enforce any of such leases hereafter made. O) All judgments, awards of damages, and payments, including interest thereon, and the right to receive the same, which may be made with respect to the Property as a result of (i) the exercise of the fight of eminent domain; (ii) the alteration of the grade of any street; or (iii) any other injury to, taking of, or decrease in the value of, the Property, to the extent of all amounts which may be secured by this Mortgage at the date of rcccipt of any such award or payment by Mortgagee and of the reasonable attorneys' fees, costs, and disburscmants incurred by Mortgagee in connection with the collection of such judgment, award, or payment, and Debtor agfa'es to execute and deliver, from time to time, such further instruments as may be requested by Mortgagee to confirm such assignment to Mortgagee of any such judgment, award, or payment. Mortgagee is hereby authorized on behalf and in the name of Debtor to execute and deliver valid acquittances for, and to appeal from, any such judgments or awards. Mortgagee may apply all such sums or any part thereof so received, after the payment of all its expenses, including costs and attorneys' fees, on the indebtedness secured hereby in such manner as it elects, or at its option, the entire amount or any part thereof so received may be released. (k) All of the right, title, and interest of the Debtor in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of this Mortgage, and all proceeds or sums payable for the loss of or damage to (i) any property encumbered hereby; or (ii) rents, revenues, income, profits, or proceeds from leases, franchises, concessions or licenses of or on any part oftbe Property. (1) All of the right, title, and interest of the Debtor in and to any trade names, names of businesses or fictitious names, licenses, including but not limited to occupational and liquor licenses, permits, site plans, development agreements, and governmental approvals, if any, now or hereafter used in conjunction with the development of the Property or operation of any business or endeavor located on the Property. (m) All of Debtor's interest in all utility security deposits or bonds deposited in connection with the Property. (n) All of Debtor's interest in and to any and all contracts or agreements for the sale of the Property, or any part thereof or any interest therein, whether now existing or arising hereafter, and any and all deposits or payments of money arising out of or relating to said contracts or agreements, whether such deposits or payments of money are presently being held by Debtor, its agents or a third party (including a duly appointed escrow agent). (o) All of Debtor's fights as declarant or developer provided for in the DECLARATION OF NEIGHBORHOOD COVENANTS FOR MARKER LAKE VILLAS, to be recorded in the Public Records of Collier County, Florida, and as may be subsequently amended. THE ABOVE COLLATERAL INCLUDES GOODS WHICH ARE OR ARE TO BECOME FIXTURES ON THE LAND AND THIS FINANCING STATEMENT IS TO BE FILED FOR RECORD IN THE REAL ESTATE RECORDS. THE DEBTOR IS THE OWNER OF A FEE SIMPLE INTEREST IN THE LAND. 1 I I I 1 ! Doc. Stamps: $6,580.00 Itetn: _ Intangible Tax: $3,760.00 PORllit IflllGit! Recording: $ 73.50 4501 TitNIItl(I Tit II J~00 OB~I 1850000.00 RBC )B~ 73.50 D0¢-.35 [SBO.O0 IH?-.O0217[0.00 ~IORTGAGE. SECURITY AGREEMENT. AND ~SSIGNMENT OF RENTS THIS MORTGAGE INDENTURE, executed this (,I~X day of November 1997, by MARKER LAKE VILLAS, INC., a Florida corporation ("Mortgagor"), which term as used in every instance, shall include the Mortgagor's heirs, executors, administrators, successors, legal representatives, and assigns, either voluntary by act of the parties, or involuntary by operation of law, and shall denote the singular and/or plural, and the masculine and/or feminine and natural and/or artificial persons, whenever and wherever the context so requires or admits, parties of the first part, and SOUTHTRUST BANK, N.A. (hereinafter "Mortgagee"), which term as used in every instance shall include the Mortgagee's successors, legal representatives and assigns, party of the second part. Mortgagor in the amount of Mortgagee is: (i) making an acquisition & development loan to CA ONE MILLION EIGHTY THOUSAND AND NO/100 DOLLARS ($1,080,000.001 & D Loan"), and a revolving construction loan to Mortgagor in the amount of EIGHT HUNDRED Construction Loan")(The THOUSAND AND NO/100 DOLLARS ($800,000.001 (hereinafter the" ' A & D Loan and the Construction Loan are sometimes collectively hereinafter referred to as the "Loan"). The Loan will be disbursed pursuant .top Constru~l_?v Loan Agreement ("Loan Agreement") of even date between the Mortgagor ana Mortgagee. ~,- ) a portion of the Loan will be disbursed at closing. The remaining portion of the Loan will be disbursed from a Loan in · · · after the Loan Progress Account in accordance vath the terms and condxuons of the Loan Agreement Closing· That for divers good and valuable consideration, and to secure the payment of the Loan and, the Mortgage Note and Revolving Mortgage Note of even date herewith evidencing the Loan, including the indebtedness hereinabove set forth, Mortgagor does grant, bargain, sell, alien, remise, release, convey, assign, transfer, mortgage, hypothecate, pledge, deliver, set over, warrant, and confirm unto Mortgagee, its successors and assigns, Mortgagor's fee simple interest in the land and properties in Collier County, Florida, more particularly described in Exhibit "A" attached hereto and Prepared by and Return to: JEFFREY S. KANNENSOHN, ESQUIRE Porter, Wright, Morris & Arthur 4501 Tamiami Trail North, Suite 400 Naples, Florida 34103 OR: 2362 PG: 3210 ! ! ! I! ! ! made a part hereof ("Property"), of which Mortgagor is now seized and possessed, together with a security interest in all buildings and improvements now or hereafter situate upon said Property and ail fixtures, equipment, and other personai property, both tangible and intangible, now or hereafter located in the buildings and improvements on said Property, together with the following property and rights, all of which is hereafter referred to as "the Mortgaged Property": (a) All buildings, structures and other improvements now or hereafter located on, above, or below the surface of the Property, or any part and parcel thereof. (b) All right, title, and interest of Mortgagor in and to the minerals, soil, flowers, shrubs, crops, trees, timber, and other emblements now or hereafter on said Property or under or above the same or any part or parcel thereof. (c) All and singular the tenements, hereditaments, easements, gores of land, riparian, and littoral rights, and appurtenances thereunto belonging or in anywise appertaining, whether now owned or hereafter acquired by Mortgagor, and including ail rights of ingress and egress to and fi.om adjoining property (whether such rights now exist or subsequently arise), together with the reversion or reversions, remainder and remainders, rents, issues, and profits thereof; and aiso ail the estate, fight, title, interest, claim, and demand whatsoever of Mortgagor of, in. and to the same, and of, in, and to every part and parcel thereof. (d) All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to said Property, and including ail trade, domestic, and ornamental fixtures, and articles of personal property of every kind and nature whatsoever (hereinafter collectively called "Equipment"), now or hereafter located in, upon, or under said Property or any part thereof and used or usable in connection with any present or future operation of said Property and now owned or hereafter acquired by Mortgagor, including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines, pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, rangers, furnaces, oil burners or units thereof; appliances; air-cooling and air-conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings; together with ail building materials and equipment now or hereafter delivered to the Property and intended to be installed therein, including but not limited to, lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wailboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass, doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment; together with all proceeds, additions and accessions thereto and replacements thereof (Mortgagor hereby agreeing with respect to all additions and replacements to execute and deliver from time to time such further instruments as may be requested by Mortgagee to confirm the conveyance, transfer and assignment of any of the foregoing). 2 OR: 2362 PG: 3211 1 I I I I ! ! (e) All of the water, sanitary, and storm sewer systems now or hereafter owned by the Mortgagor which are now or hereafter located by, over, and upon the Property hereinbefore described, or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves, and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes, and appurtenances. (f) All right, title, and interest of Mortgagor in and to the land lying in the bed of any street, road, or avenue, opened or proposed, in front of or adjoining the Property and in and to the appurtenances thereto. (g) All paving for streets, roads, walkways, or entranceways now or hereafter owned by Mortgagor and which are now or hereafter located on the Property or serve the Property or any party or parcel thereof. · or lot which is all or part of the (h) The common elements appurtenant to.any parcel, umt, Property. (i) Mortgagor's interest as lessor in and to all leases of the Property, or any part thereof, heretofore made and entered into, and in and to all leases hereafter made and entered into by Mortgagor during the term of this Mortgage or any extension or renewal hereof, together with any and all guarantees thereof and including, without limitation, all present and future cash or securities, security deposited thereunder to secure performance by the lessees of their obligations thereunder, regardless of how said cash or securities are to be held by Mortgagor pursuant to the terms of such leases, and advance rentals, reserving to Mortgagor its equity of redemption fights therein, provided and hereby intending that in case of foreclosure sale, the Mortgagor's interest in any such leases then in force shall, upon expiration of Mortgagor's right of redemption, pass to the purchaser at such sale as a part of the Property; subject to election by the purchaser to terminate or enforce any of such leases hereafter made. awards of damages, and payments, including interest thereon, and the (j) All judgments, , ...... ~ with resr~ct to the Property as a result of (i) the right to receive the same, wmcn may oe ,n~,~ ~- grade of any street; or (iii) any other exercise of the right of eminent domain; (ii) the alteration of the injury to, taking of, or decrease in the value of, the Property, to the extent of all amounts which may be secured by this Mortgage at the date of receipt of any such award or payment by Mortgagee and of the reasonable attorneys' fees, costs, and disbursements incurred by Mortgagee in connection with the collection of such judgment, award, or payment, and Mortgagor agrees to execute and deliver, from time to time, such further instruments as may be requested my Mortgagee to confirm such assignment to Mortgagee of any such judgment, award, or payment. Mortgagee is hereby authorized on behalf and in the name of Mortgagor to execute and deliver valid acquittances for, and to appeal from, any such judgments or awards. Mortgagee may apply all such sums or any part thereof so received, after the payment of all its expenses, including costs and attorneys' fees, on the indebtedness secured hereby in such manner as it elects, or at its option, the entire amount or any part thereof so received may be released. 3 t t 1 I I I I I I I !1 e ri hr. title, and interest of the Mortgagor in and to all unearned premiums pursuant to the terms of this Mortgage, and all proceeds or sums payable for the loss of or damage to (i) any property encumbered hereby; or (ii) rents, revenues, income, profits, or proceeds from leages, franchises, concessions or licenses of or on any part of the Property. I All of the right, title, and interest of the Mortgagor in and to any trade names, names occupational of busiff~sses or fictitious names, licenses, including but not limited to and liquor licenses, permits, site plans, development agreements, and governmental approvals, if any, now or hereafter used in conjunction with the development of the Property or operation of any business or endeavor located on the Property. (m) All.of Mortgagor's interest in all utility security deposits or bonds deposited in councction with the Property. (n) All of Mortgagor's interest in and to any and all contracts or agreements for ~e saie~ of the Property, or any part thereof or any interest therein, whether now existing or arising laereaner, and any and all deposits or payments of money arising out of or relating to said contracts or agreements, whether such deposits or payments of money are presently being held by Mortgagor, its agents or a third party (including a duly appointed escrow agent). (o) All of Mortgagor's rights as declarant or developer provided for in the DECLARATION OF NEIGHBORHOOD COVENANTS FOR MARKER LAKE VILLAS, to be recorded in the Public Records of Collier County, Florida, and as may be subsequently amended. This instrument secures: 1. Payment and performance of the Mortgagor's indebtedness and obligations under the Mortgage Note evidencing the A & D Loan, and Revolving Mortgage Note evidencing the Construction Loan (hereinafter collectively the "Note"), including all extensions, renewals, and modifications of the Note. 2. Payment and performance of the Mortgagor's obligations under this Mortgage, under the Loan Agreement. 3. payment of all sums advanced or paid out by the Mortgagee under any provision of this Mortgage or to protect the security of this Mortgage. nt oftbe ndncipal and interest on all other future loans or advances made by the 4. Payme f ._: ...... * * e Mort~aeor as the owner of all or any Mortgagee to the Mortgagor ~or any successor m ~-~,,~o- ,o th ~ ~ part of the Mortgaged Property) when the Note evidencing the Loan or advance specifically states that it is secured by the Mortgage (hereinafter "Future Advances"), including all extensions, renewals, and modifications of any Future Advances. 4 OR: 2362 PG: 3213 t I I I I I I I I I TO HAVE AND TO HOLD, the above-described Mortgaged Property unto the Mortgagee, its successors and assigns forever. Mortgagor hereby covenants with the Mortgagee that Mortgagor is indefeasibly seized with the absolute and fee simple title to said Mortgaged Property as it relates to the Property, and Mortgagor has full power and lawful authority to sell, convey, transfer, and Mortgage the same; that it shall be lawful at any time hereafter for the Mortgagee to peaceably and quietly enter upon, have, hold, and enjoy said property, and every part thereof; that said property is free and discharged from all liens, encumbrances, and claims of any kind, including taxes and assessments; and that Mortgagor hereby fully warrants unto the Mortgagee the title to the Property, and will defend the same against the lawful claims and demands of all person whomsoever. NOW THEREFORE, the condition of this Mortgage is such that if the Mortgagor shall well and truly pay unto the Mortgagee the Loan, as hereinafter referenced, together with interest as set forth in the Note as hereinbefore referenced, and shall perform, comply with, and abide by each and every one of the stipulations, agreements, conditions, and covenants contained and set forth in this Mortgagee (and every other instrument executed and dehvered by Mortgagor m connection with the Loan) and in the Note secured hereby, and then this Mortgage and the estate hereby created shall cease and be null and void. COVENANTS OF MORTGAGOR To protect the security of this Mortgage, the Mortgagor agrees: 1. Performance of Note. Mortea_ee. etc. To pay and perform all indebtedness and obligations that are secured by this Mortgage in accordance with their terms. 2. laaltzatl~. To maintain in force on the Mortgaged Property hnTard insurance, public liability insurance, and any other insurance required by law. The insurance policies must be approved by the Mortgagee as to amount, form, deductibles and insurer, and must cover all risks Mortgagee requires. With respect to public liability insurance, Mortgagee shall be named as an additional insu~d, and as to Mortgagee such insurance shall be primary and noncontributing in the event of loss with nay other insurance Mortgagee may carry. The hazard insurance policy must contain a standard mortgagee clause making all losses payable to the Mortgagee and containing cancellation provisions satisfactory to the Mortgagee. The hazard insurance policy (or an appropriate certificate, where applicable), together with receipts for the payment of premiums, is to be delivered to and held by the Mortgagee. All renewal and replacement policies must be delivered to the Mortgagee at least thirty (30) days before expiration of the old policies. Approval of any insurance by the Mortgagee will not be a representation of the solvency of any insurer or the sufficiency of any amount of insurance. 5 1 I I I I I II nation Proceeds. All insurance proceeds on the Mortgaged 3. ~nd~Con_0g_~ ~ -. .... ~r and coveries for any damage, and all causes of action, claims, compensauon, awa~,~*, --- re injury to Property, or any part of the Mortgaged Property or for any damage or shall condemnation or taking of all it or for any loss or diminution in value of the Mortgaged Property, are hereby assigned to and Mortgagee may participate in any suits or proceedings relating to any be paid to the Mortgagee. The awards, or recoveries, and may join with the such proceeds, causes of action, claims, compensation, The Mortgagee will apply any sums received Mortgagor in adjusting any loss covered by insurance, expenses (including, but not by it under this paragraph first to the payment of all of its costs and limited to legal fees and disbursements) incurred in obtarmng those sums, and then, in its absolute discretion, and without regard to the adequacy of its security, to the payment of the indebtedness and obligations secured by this Mortgage or to the Mortgagor for restoration or repair of the Mortgaged Property under the Mortgagee's prescribed disbursement control procedures. 4. Payment of T~xes and Liens..The Mortgagor agrees to pay, when d.ue, all taxes and assessments ~v;nich are or may become a hen on the Mortgaged Property, or which are assessed against the Mortgaged property or its rents, royalties, profits, and income, provided that Mortgagor shall be entitled to protest said taxes and assessments. n of Security Interest. The Mortgagor agrees to execute and deliver to the 5. Peffectio , ---~ .... ~,- any documents required to perfect and · demand, and at Mortgagors cost a~u ~.~v~,~7., ~_,, ~rm,,~l nronertw of Mortgagor Mortgagee, on .......... s security interest m the v continue the perfection ot Mongagv~ granted by this instrument. 6. /~ssienment of Rents· Profits. etc. . · · and future rents, royalties, income, and profits of the (a) All of the ex~stmg ........ are hereby absolutely and presently Mortgaged Property that arise from its use or assigned to the Mortgagee. However, until the Mortgagor is in default under this Mortgage, the a license to collect and receive those rents, royalties, income, and profits. Upon Mortgagor will have · in its discretion any default by the Mortgagor, the Mortgagee may terminate the Mortgagor's hcense income, at any time without notice to the Mortgagor and may thereafter collect the rents, royalties, or profits itself or by an agent or receiver. No action taken by the Mortgagee to collect any rents, royalties, income, or profits will make the Mortgagee a "mortgagee m possession" of the Mortgaged Property, unless the Mortgagee, personally, or by agent enters into actual possession of the Mortgaged Property. Possession by a court-appointed receiver will not be considered possession by the Mortgagee. All rents, royalties, income, and profits collected by the Mortgagee or a receiver will be applied first to any and all expenses of collection, and then to the payment of all costs of operation and management of the Mortgaged Property, and then to the payment of the indebtedness and obligations secured by this Mortgage in whatever order the Mortgagee directs in its absolute discretion and without regard to the adequacy of its security. 6 I I I I I I i I I I ! I I I I I I ! & ?.' required by the Mortgagee, the Mortgagor will not execute any leases or occupancy a~mer~s affecting any of the Mortgaged Property except on a form approved by the Mortgagee. ~e~ ~qthout the prior written consent of the Mortgagee, the Mortgagor shall not accept prepaymea~ of rent exceeding one month under any leases or occupancy agreements affecting any of ~e Mortgaged Property, nor modify or amend any of such leases or occupancy agreements, t~n ia ~my manner impmr the Mortgagee interest in the rents, royalties, income, and profits of the Mo~gaged Property. The Mortgagor will perform all covenants of the Lessor under any such lea~e~ o~ occupancy agreements. Upon the Mortgagee's request, the Mortgagor will execute and deliver to the Mortgagee for recordation an assignment of leases on the Mortgagee's form. (d;) If required by the Mortgagee, each lease or occupancy agreement affecting anY of the Mortg~ Property must provide, in a manner and form approved by the Mortgagee, that the tenant will reco~ as its lessor any person succeeding to the interest of the Mortgagor upon any foreclosure of Ibis Mortgage or transfer of the Mortgaged Property to the Mortgagee, or a designee, in lieu of foreek~ure. 7. Reeaictive Covenants and Due-On-Conveyance. Without the prior written consent of Mortgagee (which consent may, at Mortgagee's sole option and discretion, be conditioned on (a) modificatiova to the terms of payment of Loan; (b) modifications of any terms of any instrument evidencing or ~curing Loan; and (c) such other matters as Mortgagee may reasonably require), Mortgagor shall not: fixtures, or equipment by Mortgagor and intended to ~ amxea to, mcorpol~u ,,~, w v Project or the appurtenances thereto, other than in favor of Mortgagee or acquire less than unconditional ownership and title to any of such furniture, furnishings, fixtures, or equipment, free from encumbrances other than in favor of Mortgagee, on delivery to the Project; (b) further Mortgage, encumber, hypothecate, grant a security interest in, or sell (except as provided in Section 6.06 of the Loan Agreement), convey, transfer, or assign ownership or control of all of any part of the Project (whether voluntary or involuntary, by outright conveyance, subordinate and inferior to this Mortgage deed, Mortgage or deed of tn~t, lease, stock transfer, sale of partnership (or any interest therein), land installment contract, merger, or otherwise); (c) consent to or permit any sale, conveyance, or other disposition of any rents or other funds arising from the Land; and (d) grant any other interest whatsoever, legal or equitable, in the Project or any part thereof, including a transfer of any interest in any entity holding such title. I l 1 I I I I I I I I I ! I I I I OR: 2362 PG: 8216 8. ~. The Mortgagor-will not commit any waste on the Mortgaged Property or take any actions that might invalidate any insurance carried on the Mortgaged Property. The Mtrtgagor will maintain the Mortgaged Property in good condition and repair. No improvements may be removed, demolished, or materially altered without the prior written consent of the Mortgagee. N_o personal property in which the Mortgagee has a security interest may be removed from the Mortgaged Property unless it is immediately replaced by similar property of at least equivalent value on which the Mortgagee will immediately have a valid first lien and security interest. 9. Financial Information. (a) The Mortgagor will keep adequate books and records of account of the Mortgaged Property and its own financial affairs sufficient to permit the preparation of financial statements therefrom in accordance with generally accepted accounting principles. The Mortgagee will have the right to examine, copy, and audit the Mortgagor's records and books of account relating to the Loan at all reasonable times. If the Mortgaged Property is, at any time, used for commercial or residential income purposes, the Mortgagor will deliver to the Mortgagee, upon request, financial statements and profit-and-loss statements for the Mortgagor and the Mortgaged Property prepared in accordance with generally accepted accounting principles. (b) The Mortgagor will promptly furnish, upon the Mortgagee's request, a duly acknowledged written statement setting forth all amounts due on the indebtedness secured by this Mortgage and stating whether any offsets or defenses exist, and containing such other matters as Mortgagee may reasonably require. 10. Dy~S$~2~'~. The Mortgagor will, at its own expense, appear in and defend any action or proceeding that might affect the Mortgagee's security or the rights or powers of the Mortgagee or that purports to affect any of the Mortgaged Property. If the Mortgagor fails to perform any of its covenants or agreements contained in this Mortgage, or if any action or proceeding of any kind (including, but not limited to any bankruptcy, insolvency, arrangement, reorgamzalaon, or other debtor rehef proceeding) is commenced which nught affect the Mortgagee s ....... Mort---ed Pro'''~'' or the Mortgagee's right to enforce its security, or the Mortgagors interest m me gq ~,,~ then the Mortgagee may, at is option, make any appearances, disburse any sums, and take any actions, as may be necessary or desirable, to protect or enforce the security of this Mortgage, or to remedy the failure of the Mortgagor to perform its cover~ants (without, however, waiving any default of the Mortgagor). The Mortgagor agrees to pay all reasonable out-of-pocket expenses of the Mortgagee thus incurred (including, but not limited to fees and disbursement of counsel). Any sums disbursed by the Mortgagee will be additional indebtedness of the Mortgagor secured by this Mortgage, will bear interest at thc highest rate allowable by law, and will be payable by the Mortgagor upon demand. This paragraph will not be construed to require thc Mortgagee to incur any expenses, make any appearances, to take any actions. 8 I I I ! ! II II 1 1. Secufit~ement- This Mortgage constitute a Security Agreement with respect to all personal property in which Mortgagee is granted a security interest thereunder, and Mortgagee shall have all of the rights and remedies of a secured party under the Florida Uniform Commercial Code, as well as all other rights and remedies available at law or in equity. Mortgagor hereby agrees to execute and deliver on demand and hereby irrevocably constitutes and appoints Mortgagee the attorney-in-fact of Mortgagor, to execute, deliver and, if appropriate, to file with the appropriate filing officer or office such security agreements, financing statements, continuation statements or other instruments as Mortgagee may request or require in order to impose, perfect or continue the perfection of, the lien or security interest created hereby. Upon the occurrence of any default hereunder, Mortgagee shall have the right to cause any of the Mortgaged Property which is personal property and subject to the security interest of Mortgagee hereunder to be sold at any one or more public or private sales as permitted by applicable law; and Mortgagee shall further have all other rights and remedies, whether at law, in equity, or by statute, as are available to secured creditors i sition may be conducted by an employee or agent or ,ruder t~olicable law. Any such. d.sl~. ~ . -~s^.~,,ooee shall be eligible to purchase anY ~/~rtga?e~p Any person, including botla Mortgagor ano m,,~,~,~, , part or all of such property at any such disposition. · for sale, selling, or the like shall be borne by Expenses of retaking, holding, preparing Mortgagor and shall include Mortgagee's attorneys' fees and legal expenses. Mortgagor, upon demand of Mortgagee, shall assemble such personal property and make it available to Mortgagee at the premises, or a place which is hereby deemed to be reasonably convenient to Mortgagee and Mortgagee shall give Mortgagor at least five (5) days' prior written notice of the time Mortgagor. or other disposition of such property or of the time of or at~er which any and place of anY public sale be made, and if such notice is sent to Mortgagor, private sale or any other intended disposition is to as the same is provided for the mailing of notices herein, it is hereby deemed that such notice shall be and is reasonable notice to Mortgagor. · ' Laws. That the Mortgagor w,.a~,,~._an and 12. ~omph~ce WI?h_ , ~---~or comnlv, with all vahu mw~, ,,~ .... _ Mortgagor has comphed, uno snm~ nc~c~,,- r ~ regulations of the federal, state, and local government, and all agencies and subdivisions thereof which laws, rules, ordinances, and regulations apply or relate to the Mortgaged Property, the development, conslxucfion, and improvements existing or contemplated thereon, or as a part thereof, and the use, lease, sale, or other disposition of the Mortgaged Property or parts thereof, or the a part thereof, including but not limited to all such improvements now or bereat~r located thereon or zoning, building, subdivision, laws, rules, ordinances, and regulations regarding land use, environment, OSHA, pollution, and sales practices. _EVENTS OF DEFAULT The Mortgagor will be default under this Mortgage if: 9 · e any oayment required by the Note and fails to cure The Mortgagor fads to mak . ~. '. _. c~.-,~; ection 7.02 of the Loan (a)_ . -..:A~A -,~tice of the dexauit as set ,~,, .... n S the same after being pruv,,~* ..... Agreement; or(b) The Mortgagor fails to perform any other covenant contained in this Mortgage, to the and does not cure that failure within the period of ti~n~, if anY, set forth in the Loan Agreement, or such additional time that the Mortgagee may elect in its discretion to grant in writing Mortgagor to cure that failure; or (c) The Mortgagor terminates or suspends its business, or permits an attachment or judicial seizure of any substantial part of its assets; or ' ' n · 'on in bankruptcy or for an arrangement, reorgamzat~o / ~ The Mortgagor files apetm - ~--.-~ ~o elatine to baakn~ptcy or debtor or any other ~od)rm of debtor relief under anY presem or ~utu~; ,,,w r ~ relief, or such a petition is filed against the Mortgagor and the Mortgagor does not oppose that filing or the petition is not dismissed within sixty (60) days after filing, or the Mortgagor makes an assignment for the benefit of its creditors; or (e) An Event of Default occurs undex the Loan Agreement; or (f) A default occurs under any agreement which guarantees or serves as security for any party of the indebtedness or obligations secured by this Mortgage; or · osure made to the Mortgagee by the Mortgagor proves An representauon or dt.sc! · whether or not that representation (g) Y ...... ,~ date as of which made, to be materially false or m~s~eaamg on ~,~ or disclosure appears in this Mortgage; or hich. under the Note referred to above or under anY An other event occurs w . . ..... ;~,,~ ~ ault b the Mortgagor or (h) of ~hYe Mortgagor relating to me ~oan, con~[,;- .... def, Y other agreement gives the Mortgagee the right to accelerate the maturity of any part of the indebtedness secured by this Mortgage. 1. ~. If the Mortgagor is in default, the Mortgagee may, at its option, and without notice to or demand upon the Mortgagor: (a) A~~9~ritv' Declare anY or all indebtedness secured by this Mortgage to be due and payable immediately; l0 2362 PG: 3219 I I I I I II (b) ~. Bring a court action to foreclose this Mortgage or to enforce its provisions or any of the indebtedness or obligations secured by this Mortgage; or (c) ~. Exercise any other fight or remedy available under law or m equity. 2. ~.fieiv~. As a remedy in addition to those set forth in paragraph l above: (a) ~l~lortgaged Property or the secumy o~ mu tw,,,,~ ~ , receivership may be necessary to protect whether before or after maturity of the indebtedness hereby secured, or at the time of or after the institution of suit to collect such indebtedness or to enforce this Mortgage, Mortgagee shall, as a matter of strict right and regardless of the value of the security for the amounts due hereunder or secured hereby or of the solvency of any party bound for the payment of such indebtedness, have f~LP_a~ application and without notice to Mortgagor, by anY court the fight to the appointment on and operate the having jurisdiction, of a receiver to take charge of, manage, preserve, protect,the rents, issues, to complete the construction Mortgaged property and anY business or businesses located thereon, to collect profits, and income thereof, to make all necessary and needed repairs, and to pay all taxes and and after .... .~., ~.A ~.~n-ance premiums for insurance there°;ortgagee, s improvements which have been undertaken but not completed, of any . · ,o-~-~.ea rlUp~L~; ~"'----- assessrnents against the ~a t ~0~ . . · the payment of the expenses of the rece,vcrsh/P, including reasonable aRomeys' fees to attorney, and after compensation for management of the Mortgaged Property, to apply the net or in such manner as the court shall direct. proceeds in reduction of the indebtedness hereby secured until paid. All such expenses shall be secured by the lien of this Mortgage (b) ~. The receiver or its agents shall be entitled to enter upon and take possession of any and all of the Mortgaged Property, together with any and all businesses ereon, or any part or parts thereof, and operate · sets therewtth or th 'es or change · - -- *-..omess as used . -. -- --ana~,ement compare , conductea ana m.~ ,, .~, _~ ~. ~usinesses, or change martceung ut m ~, and conduct the tausme~ ,,-" providing services, or complete construction any person or entity any vendor of materials, or change ....... ,,,,~r a~q Morteagor might lawfully do. The of improvements, to the same extent aaa m ~orneys, may exclude Mortgagor and its substdmnes, iver, p o, ly or its entsf [m the ort aged Prop Y, ana operate, agents, servants, and employees wholly same and each and every part thereof, and in the name of Mortgagor, its manage, and control the and powers and use all of the then existing items subsidiaries, or agents, exercise all of their rights of security and collateral, materials, current supplies, stores, and assets, and at the expense of the Mortgaged Property, maintain, restore, complete construction, insure and keep insured the properties, equipment, and apparatus provided or required for use in connection with such business and make all such necessary and proper repairs, renewals, and replacements and all or businesses, betterments, and improvements as receiver may deem judicious. such useful alterations, additions, ll OR: Z 62 PG: 3ZZ (c) ~. Such receivers ip shall;at the option of Mortgagee, continue until full payment of all sums hereby secured, or unt;ilh title to the Property shall have passed for foreclosure sale under this Mortgage. · · dies contained in this Mortgage are cumulative, and 3. 1~ .m~dies. A!.I re_m_~e..:ded by law or in any other agreement between the the Mortgagee also has all other remeates p~,'~, - Mortgagor and the Mortgagee. No delay or failure by the Mortgagee will be construed to be a waiver of that right or remedy or of anY default by the Mortgagor. The Mortgagee may exercise anY one or more of its rights and remedies at its option without regard to the adequacy of its security. r will av all of the Mortgagee's expenses incurred in ......... . ~. The Mortgago P '- - ---. ~awsult is filed, includin.g, but 4. ~r~s of this Mortgage, whether or not ~my ,,~. · .,, efforts to enforce any . ~ · ....... ts and t~tle charges, at the trial or ~;~ limited to legal fees and disbursements, rorecto~m~ ,~.,s , appellate level. 1. Ill~alid Provisions to Affect No Olhem. The invalidity or unenforeeability of anY one or more provisions of this Mortgage will in no way affect any other provisions. ......... o, If from anY circumstances whatsoe.ver,~ fulfillment of anY 2. 1"~11~-1~ ~ .~. -'~ .-f such nrovision shall be due, shalt cause the effective provision hereof, at the t~me penorrmm,~" ~ maximum rate of interest prescribed rate of interest upon the sums evidenced hereby to exceed the by applicable law at that time, then, the obligation to be fulfilled shall be reduced automatically to the extent necessary to comply with such applicable law, and, if from any circumstance, would er the a plicable laws, such amount which, wo. uld be - - ~'-~-~t lawful rate allowable und - .P .~ --'-4-,o~ balance due under the note exceed the B~gn~. .. __ ,-_J +~ +h, ,~-Auction of the unpalu ptm~ t~, . excessive interest shall t~e apptlex~ va u .... and not to the principal or interest for, if such excessive interest exceeds the unpaid balance of principal, the excess shall be refunded to the Mortgagor. This provision shall eonlxol every other provision of all agreements between the Mortgagor and Mortgagee. - -~s to ,,,v the Mortgagee a reasonable charge,, not 3. ~. T~.,¢ M. ortga~°_ra~vi~; an~"s~a[ement of the status of the obligattons to exceed the maximum allowea Dy law, tot gt ~, ~ secured by this Mortgage. 4. Ho..ti-q~. All notices given under this Mortgage must be in writing and will be effectively served upon personal delivery or, if mailed, no later than forty-eight (48) house a~ter · · prepaid, sent to the Mortgagee at 2400 deposit in first class or certified Umted States marl, postage Kannensohn, Esq. Tamiami Trail North, Naples, Florida 34103, with a copy to its counsel, Jeffrey S. 3_2 at 4501 Tamiami Trail North, Suite 400, Naples, Florida 34103, and sent to the Mortgagor at its address appearing below its signature, which addresses may be changed by written notice. However, the service of any notice of default or notice of sale under this Mortgage as required by law, will, if mailed, be effective on the date of mailing. _ 5. ]~l,~~. Without affecting the Mortgagors liability for the payment of any of the indebtedness secured by this Mortgage, the Mortgagee may from time to time and without notice to the Mortgagor, (a) release any person liable for the payment of that indebtedness; Co) extend or modify the terms of payment of that indebtedness; (c) accept additional real or personal property of any kind as security, or alter, substitute or release any property securing that indebtedness, or (d) consent to the making of any map or plat of the Mortgaged Property, or to re- convey any part of the Mortgaged Property, or to join in granting any easement or creating any restriction on the Mortgaged Property, or to join in any subordination or other agreement affecting this Mortgage. 6. ~. The Mortgagee may at any reasonable times enter upon and inspect the Mortgaged Property in person or by agent. 7. Heirs. Successors and Ass(ans. The term "Mortgagor" includes both the original Mortgagor and any subsequent owner or owners of any of the Mortgaged Property, and the term "Mortgagee" includes the original Mortgagee and also any future owner or holder, including pledgees and participants, of the Note or any interest therein. Whenever the context requires the singular includes the plural and vice versa and each gender includes each other gender. The headings of the articles and paragraphs of the Mortgage are for convenience only and do not limit its provisions. 8. Mort~agee's Consent. The Mortgagee's consent to any act or omission by the Mortgagor will not be a consent to any other subsequent act or omission or a waiver of the need for such consent in any future or other instance. 9. I~[~g~,gl:~llg~. The terms of this Mortgage will bind and benefit the heirs, legal representatives, successors, and assigns of the Mortgagor and the Mortgagee. If the Mortgagor consists of more than one person or entity, each will be jointly and severally liable to perform the obligations of the Mortgagor. 10. ~hltag~&~dl~,gll~. Neither this Mortgage nor any term hereof may be changed, waived, discharged, or terminated orally, or by any action or inaction, but only by an instalment in writing signed by the party against which enforcement of the change, waiver, discharge, or termination is sought. Any agreement hereafter made by the Mortgagor and Mortgagee relating to this Mortgage shall be superior to the rights of the holder of any intervening lien or encumbrance. 11. I[t~I~F,~13~. Time is of the essence in the performance of the obligations under this Mortgage by the Mortgagor. 13 OR: E3b2 PG: 3ZZZ 12. Governing Law. The Mortgage will be-governed by Florida law. 13. Waivers. The Mortgagor waives ail rights of Homestead and other exemptions granted by the Constitution and laws of the State of Florida. 14. Future Advances. Upon request by Mortgagor, Mortgagee, at Mortgagee's option within twenty (20) years from the date of this Mortgagee, may make Future Advances to Mortgagor. such Future advances with interest thereon shall be secured by the Mortgage when evidenced by promissory notes stating that said notes are secured hereby. At no time shall the principal amount of the indebtedness secured by this Mortgage not including sums advances in accordance herewith to protect the security of this Mortgage exceed the original amount of the Note plus US $1,000,000.00. 15. ~. The terms, provisions, and conditions of the Loan Agreement, and the Loan Documents referenced therein, are by reference incorporated herein and made a part hereof. Mortgagor agrees to fully and promptly discharge each and every of its agreements contained in the Loan Agreement, and the Loan Documents referred to therein, and to comply with and perform all of the provisions and contingencies thereof. Such Loan Agreement provides for and governs and method of disbursement of the sums evidenced by the Note, and contains various other agreements with respect to the Mortgage transaction, including, but not limited to, the terms and conditions under which portions of the Mortgaged Property may be released from the lien of this Mortgage. The lien of this Mortgage on the Mortgaged Property secures the payment of ail sums payable to Mortgagee and the performance of all covenants and agreements of the Mortgagor under the terms and provisions of the Loan Agreement and the Loan Documents referred therein. 16. Ad_iustable Interest Rate Notice. This Mortgage secures the payment of Mortgage Note having an adjustable interest rate that equals the Prime Rate of interest as published by SouthTrust Bank, N.A. ("Index"), which interest rate changes with the adjustment in said Index during the term of the Note. 14 OR: Z3b Y6: J ZJ 1N WITNESS WHEREOF, the said Mortgagor hereunder sets his hand and seal this the da3' and year first above written. Signed, sealed, and delivered i e- nce of MARKER LAKE VILLAS, INC., By: - EUGE~TffRU~, P~SIDENT [CORPORATE SEAL] "BORROWER" NOTICE ADDRESS: 11216 Tamiami Trail. Naples, Florida 34110 of November 1997. I I ! STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, a Notary Public, duly authorized in the State and County aforesaid to take acknowledgments, personally appeared EUGENE THRUSHMAN, as President of MARKER LAKE VILLAS, INC. a Florida coq:oration, and who executed the foregoing instrument, and acknowledged before me that he executed it in the name of and for that Corporation, and that he is personally known to me WITNESS my hand and official seal in the County and State named above, this ~ daY Printed Name: My Commission expires: Serial No. (if any): (SEAL) I $6,580.00 FLORIDA DOCUMENTARY STAMPS AFFIXED HERETO. 15 I I I I I I I ! I I I I The East half {E~) of the No,ripest ~&rter {~) of the Ilo~th~est ~uarter (~ oE ~e ~9 Sou~, ~n~e 2~ ~st, Collier County, Flor~, I~ (6) acres, ~:e o~ less, ~SS ~D ~Zl;G ~e South 30 feet ~ereof for ro~d right-of-raY ~ses. AND (N.[. 1/4) of the BorthWes~ Q~artar (N.Y. 1/4) r. he [orthellt ~llrte~ (~-l- To.usUrp 4~ South, I~ge 2S Recording: $46.50 2246923 OR: 23 2 PG: 322§ 11/13/~1 at 12:il~# DWI$1ff !. 8aOC[, RIC Fl! 46.50 Re~n: 4501 ?kllI~I ?! ! IlO0 I~PLBS IL 34103 1013 ASSIGNMENT OF RENTS. LEASES. PROFITS. AND CONTRACTS THIS ASSIGNMENT OF RENTS.~ LEASES, PROFITS, AND CONTRACTS (this "Assignment") is made and granted this ._~L~ day of November 1997 by MARKER LAKE VILLAS, INC., a Florida corporation (the "Assignor"), with offices at 11216 Tamiami Trail North, Naples, Florida 34110, to SOUTHTRUST BANK, N.A. (the "Assignee"), with offices at 2400 Tamiami Trail North, Naples, Florida 33940. WHEREAS, Assignor is justly and lawfully indebted to Assignee in the mount of ONE MILLION EIGHTY THOUSAND AND NO/100 DOLLARS ($1,080,000.00) as evidenced by a Mortgage Note, and the mount of EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS ($800,000.00), as evidenced by a certain Revolving Mortgage Note payable to the order of Assignee (collectively the "Note"), executed by Assignor, bearing the same date as this Assignment, to be paid according to its terms; and WHEREAS, to secure the Note, Assignor has executed and delivered one certain Mortgage, Security Agreement and Assignment of Rents in favor of Assignee as mortgagee (the "Mortgage"), bearing the same date as this Assignment and encumbering all of Assignors right, title and interest in and to a certain parcel of land situated in Collier County, Florida, together with the buildings and improvements now or hereafter situated thereon and together with all easements, rights and appurtenances belonging thereunto (all of the foregoing land, property and rights are referred to collectively in this Assignment as the "Premises"), as more particularly described on Exhibit "A" attached hereto and made a part hereof; WHEREAS, Assignor may hereafter make leases of all or portions of the Premises or make other agreements or arrangements entitling Assignor to receive payments of money for the use or occupancy of all or any portion of the Premises (ail such present or future leases and agreements and Prepared by & Return to: JEFFREY S. KANNENSOHN, ESQUIRE Porter, Wright, Morris & Arthur 4501 Tamiami Trail North, Suite 400 Naples, Florida 34103 Phone: (941) 263-8898 0R:'2362 PG: 3226 arrangements, and all amendments and extensions and renewals thereof, are referred to collectively in this Assignment as the "Leases", regaxdless of (i) whether such users or occupants are lessees, invitees, licensees or tenants at sufferance, (ii) whether such agreements or arrangements axe oral or written, existing or future, or (iii) whether any such use or occupancy is actual or constructive; all such present or future lessees, users and occupants axe referred to collectively in this Assignment as the Lessees ), NOW, THEREFORE, for good and valuable consideration (the receipt and sufficiency of which Assignor hereby acknowledges), to further secure the payment of the aforesaid indebtedness (the "Loan") and such future or additional advances as Assignee may at its option make under the terms of the Mortgage, and to secure the full and faithful performance of Assignor's covenants and agreements contained in the Note, the Mortgage, this Assignment and all other instruments and documents executed by Assignor in connection with the Loan (collectively, the "Loan Documents"), Assignor does hereby assign, transfer, bargain, sell, convey, set over and deliver unto Assignee all the Leases and all rights, profits and other income which may now.he or hereafter .become,due and owing under any of the Leases or on account of the use of the Premises, together wtth the right (but without the obligation) to collect all of said rents, profits and other income which may become due during the life of this Assignment, together with any and all landlord's lien rights of Assignor against the Lessees and their property as provided by law, and (to the extent permitted by applicable law) together with all of Assignor's fight, lire and interest in and to any security deposits and other sums now or hereafter held by Assignor with respect to the Leases. Assignor further covenants and agrees with Assignee as follows: 1. l~gwers and Authority of Assignee. (a) Assignor hereby appoints Assignee the lxue and lawful attorney of Assignor, with full power of substitution and with power for Assignor and in Assignor's name, place and stead, to demand, collect, receive and give complete acquittances for any and all rents and other amounts herein assigned which may become due and payable by the Lessees, and at Assignee's discretion to file any claim or take any other action or proceeding and to compromise or settle any claims (either in Assignee's own name or in the name of Assignor which Assignee may deem necessary or desirable in order to collect and enforce the payment of any and all rents and other amounts herein assigned. Assignee is hereby vested with full power to use all measures, legal and equitable, (b) . ' ' ent and to collect thc r~nts assigned deemed necessary or proper by Assignee to enforce this Asslgnm hereunder, including without limitation the right to enter upon all or any part of the Pl~-mises and to take possession thereof forthwith to the extent necessary to effect the cure of any default by Assignor as lessor under any of the Leases. (c) Assignor hereby grants full power and authority to Assignee to exercise all rights, privileges and powers herein granted at any and all times hereafter without notice to Assignor, with full power to use and apply all of the rents and other income herein assigned to the payment of the 2 ! I I I I I I I Loan, all interest thereon, any other indebtedness or liability of Assignor to Assignee, and the costs of managing and operating the Premises, including without limitation: (i) taxes, special assessme .nts, insurance premiums, damage claims, and the costs of maintaining, repairing, rebuilding, restonng and making rentable the improvements now or hereafter included in the Premises; (ii) all sums advanced by Assignee (with interest thereon) for the payment of any of the foregoing or for any other reason provided or permitted by the Mortgage or any of the other Loan Documents; and (iii) ail costs, expenses and attorneys' fees incurred by Assignee in connection with the enforcement of this Assignment (including anY appellate proceedings); all in such order of priority as Assignee may deem appropriate in its sole discretion. 2. _No ObliGation or Liability. Assignee shall not be obliged to press any of the rights or claims assigned to Assignee hereunder, nor to perform or ean'y out any of the obligations of the lessor under any Lease, and Assignee assumes no duty or liabihty whatsoever m conneetaon w~th arising from or growing out of the covenants nf Assignor in the Leases. This Assignment shall not operate to make Assignee responsible for the control, care, management or repair of all or any part of the Premises, nor shall it operate to make Assignee liable for (a) the performance or carrying out of any of the terms and conditions of any lease; (b) any waste of the premises by any Lessee or any other person; (e) any dangerous o~ defeaive condition of the Premises; or (d) any negligence in the management, upkeep, repair or control of all or any part of t~ae premises resulting in loss or injury or death to any Lessee, licensee, employee or stranger. Assignor hereby agrees to indemnify and hold Assignee harmless from any and all liability, loss, damage or expense whatsoever which may or might be incurred by Assignee under any of the Leases or by reason, of this.Assignment, and from or demands whatsoever which may be asserted against Asstgnee by reason of any any and ail claims terms, covenants alleged obligations or undertakings of Assignee to perform or discharge any of the or liability, loss, damage or expense under the Leases or by reason of this Assignment or in the defense of any such claims or demands, and the amount thereof, including costs, expenses and attorneys' fees (including those incurred in appellate proceedings), shall bear interest and be secured by this Assignment, the Mortgage and the other Loan Documents as an authorized advance hereunder and thereunder, and Assignor shall reimburse Assignee therefor in accordance with the provisions of the Mortgage. 3. ~ollection of Rents. (a) After deducting the expenses of operation of the premises and the expe.n~s of collection, Assignee shall apply all amounts collected under this Assignment against the pnnc?ai, interest and other charges payable under the Note or any of the other Loan Documents and agmnst all other liabilities and indebtedness to Assignee secured by this Assignment, in anY order of priority determined by Assignee in its sole discretion or in such other manner as the Mortgage may provide. Nothing contained in this Assignment or in any of the other Loan Documents shall be construed as constituting Assignee as a trustee or mortgagee in possession. Any amounts collected under this Assignment in excess of the amounts applied to pay ail such sums in full when due shall be promptly paid over to Assignor. I I I I I ! 1 I II ! CO) Although Assignor and Assignee intend that this assigmment shall be a present assignment, it is expressly understood and agreed that so long as no default shall exist under the Note, the Mortgage, this Assignment or any of the other Loan Documents, Assignor shall be entitled to collect and receive all rents and other amounts assigned hereby for not more than one (1) month in advance of the accrual thereof, and to use said rents and other amounts in payment of all taxes, assessments, inguranee premiums and other charges on or against the Premises, and in payment of all principal, interest and other charges when due under the Note or any other Loan Document; provided, however, that upon the occurrence of anY such default (or at any time during its continuance), all right of Assignor to collect or receive said rents and other amounts shall at Assignee's option wholly terminate upon notice from Assignee. (c) Assignor hereby expressly and irrevocably authorizes and directs the Lessees to pay all rents and other amounts which may be or hereafter become due under the Leases, and to perform all of their undertakings under the Leases, in accordance with any written notice or demand by Assignee delivered to and received by the Lessees, who are expressly relieved of any and all liability or obligation to Assignor with respect to all payments made and performances rendered in accordance with such notice and demand, and who shall have no duty or fight to inquire as to whether any default by Assignor under the Note, the Mortgage, this Assignment or any of the other Loan Documents has occun~d or is then existing. In order to induee Assignee to make the Loan, Assignor 4. l~e~resentatlons and Warrantte~. represent and warrant to Assignee (and shall be deemed to have represented and warranted to Assignee as of the date of and upon delivering to Assignee a copy of each Lease): (a) that each such copy of each Lease delivered to Assignee is true, correct and complete; Co) that Assignor is the sole owner of the entire lessors interest in each existing (c) that Assignor has not assigned, transferred, pledged or hypothecated any Lease or any rents thereunder or any right or interest therein to any person other than Assignee except as previously disclosed to Assignee and approved by Assignee in writing; (d) that all existing Leases are valid and enforceable, are in full force and effect, and have not been altered, modified or amended in any manner whatsoever except as previously disclosed to Assignee and approved by Assignee in writing; (e) that each Lessee has accepted Lessee's respective demised premises and is paying rent on a current basis; (f) that no default exists on the part of any Lessee or Assignor as lessor in their respective performances of the terms, covenants, provisions and agreements contained in the Leases; 4 II OR: 2362 ?G: 3229 1 (g) that no rent has been paid by any Lessee for more than one (1) month in advance; (h) that Assignor is not indebted to any Lessee in any manner whatsoever so as to give rise to any right of set-off against or reduction of the rents payable under the Leases; and (i) that no payment of rents to accrue under the Leases has been or will be waived, released, reduced, discounted or otherwise discharged or compromised by Assignor directly or indirectly, whether by assuming anY of Lessee's obligations with respect to other premises or otherwise. 5. ~J~~' Assignor covenants and agrees with and for the benefit of Assignee: (a) that Assignor shall promptly de?er tOeASSignee a true, correct and complete copy of each Lease as and when Assignor shall enter ~nto th same, and Assignor as appropriate shall procure and deliver tO Assignee estoppel letters or certificates from each Lessee, in form and substance ~atisfaetory tO Assignee, within thirty (30) days m'~er Assignee's request therefor; that without the prior written consent of Assignee, which A,s.si~ee may gr~t or '(b) . . . to any lien or withhold in its sole d~sereUon, Assignor shall not allow any Lease to b~. suberdina..te charge other than the Mortgage and the other Loan Documents, nor terminate, modify or amend any Lease or any guaranty thereof or any term of either, nor grant any concessions in connection therewith (either orally or in writing), nor give any consent or permission or exercise anY option required or permitted thereunder, nor accept any surrender thereof (except for default by the Lessee) nor waive any obligations required to be performed by any Lessee, and that any attempted termination, modification, amendment, eonoess~on, consent, pemuss~on, exercised opUon, surrender or waiver without such written consent shall be null and void; (c) that Assignor shall not collect or accept more than one (1) month's rent or other income arising or accruing under any Lease in advance of the due date for the same, nor discount any future accruing ~nts, nor suffer or permit tO arise in favor of any Lessee any release of liability or any fight tO withhold payment of rent, nor take any action or exercise any fight of election which would in anY way diminish any Lessee's liability or have the effect of shortening the stated tefra of any Lease; (e) that Assignor shall faitlffully perform all of Aasignor's covenants and obligations as lessor under each Lease and shall promptly send Assignee copies of any demand, claim or notice of alleged default on the part of Assignor as lessor received from any Lessee; (f) that if requested by Assignee, Assignor shall at its own expense (including the posting of any bends required by applicable law) expeditiously and in good faith enforce the Leases and all remedies available to Assignor in case of default by any Lessee; i I I I I 1 ! 1 I ..' or shall not assign; transfer or pledge any Lease or any rents (g) that Assign ....... ,~,~ ,h Assienee, nor consent to any thereunder or any right or interest thereto to any person ,,,~ ..... an Lessee's assignment of any Lease or any subletting thereunder, nor request, accept, consent to or agree to any subordination of anY Lease to any mortgage or encumbrance (other than the Mortgage) now or hereafter affecting the Premises; (la) that Assignor shall not cause, permit or suffer to occur any transfer or conveyance of the Premises or any interest therein so as to effect, directly or indirectly, a merger of the estates and rights of any Lessee or a termination or diminution of the obligations of any Lessee; and (i) that Assignor shall not allow the sale, transfer, assignment or removal of any personal property now or hereafter located on the above-described premises, unless such action results in substitution or replacement with similar items, owned by Mortgagor and not otherwise encumbered, of equal value, without the prior written consent of Mortgagee. 6. ~dditional Collateral and Securitx. A~ additional collateral and security for the payment of the indebtedness evidenced by the Note and for the performance of each and every of the covenants and agreements contained in the Loan Documents and herein, the Assignor hereby sells, assigns, transfers, ~ets over and delivers unto the Assignee all of its right, title, and interest in ~11 present and future Leases entered into by Assignor m~fecfing the Property and hereby grant~ · · - - -,, mesent trod future profits, income, ~cl issue~ from Assignee a first s~cxa'ity interest m aha m eat 1,~,~,. and every part and parcel thereof, and also Property encumbered by the Loan Documents, and each all present and future right, rifle, and interest of the Assignor under and by virtue of each and every franchise, license, permit, lease, contract for deed, reservation agreement, or purchase and sale agreement, together with all deposits (hereinafter ,'purchase Agreements~), loan commitments, or any other document or conlxactual right, written or verbal, covering any part or parcel of the Property, whether any of such is now or hereafter made, and any and all amendments to or modifications, extensions, or renewals of any of such. Assignor hereby warran, ts that: (i) a true and correct copy of all such contracts and agreements have been delivered to Assxgnee and the same have · . · assigned, pledged, hypothecated, or otherwise not been modified or amended; (n) Asstgnor has not (iii) said conwacts and agreements are valid encumbered its interest in the contracts or agreements; . and enforceable in accordance with the terms and there does not presently eyast an event of default under said contracts ~d agreements. A~signor hereby warrants that there are no conlx~cts for deed, purchase agreements (with the exception of purchase and sale agreements ente .r. ed into with third party purchasers relative to condominium units, which agreements have been dahvered to Lender), or Leases affecting the Property as of the day and year first above written nor shall there by any in . , . _ ,_.~__ ^c,~ ~anoa~e and other instruments of security except which existence on ~ gate ot recoroauon ~- ~ ....... o-~ executed by Assignor in favor of are specifically described in a separate mechanic's lien affidavit Assignee of even date herewith. Assignor further warrants that it bas not executed, nor will it execute at any time during the term of the aforesaid loan, any other assignments or instruments further encumbering the items described above. t I i I I I I I I ! ! ! OR: Z bZ 7. Default. The occurrence of any of the following events shall constitute a default under this Assignment: (a) Assignor's failure to pay any sum due under the Note, the Mortgage, any of the other Loan Documents or any other liability or indebtedness to Assignee secured by this Assignment, and the expiration of the grace period (if any) provided for such payment; Co) Assignor's failure to observe or perform any covenant or agreement of Assignor in this Assignment, the occurrence of any event prohibited by the terms of this Assignment, or the violation of any provision of this Assignment; (c) any representation or warranty made by Assignor in this · · misleading in any respect deemed material by Assignment shall prove to be at any tune incorrect or Assignee; and (d) the occurrence of any default under the Mortgage or any of the other Loan Documents and the expiration of the grace period (if any) provided in the Mortgage or such other Loan Document for its cure. Any default under this Assignment shall constitute a default under the Note, the Mortgage and all of the other Loan Documents and shall entitle Assignee at its option to accelerate the maturity date of the Loan and to exercise any and all rights and remedies provided in the Mortgage or any of the other Loan Documents or by applicable law. 8. l~Kgt~. This Assignment is intended to be supplementary to and not in substitution for or in derogation of any assignment of rents contained in the Mortgage or any of the other Loan Documents, and no right or remedy of Assignee under the M. ortgage shall be delayed .or prejudiced in any way by this ~ignment, but the security of this Asmgnment is and shall be pmnary and on a parity with the Premises, and not secondary. Notwithstanding any modification of the terrors of the Note, the Mortgage or any of the other Loan Documents, nor any release or portions of the premises from the lien of the Mortgage, nor any forbearance or extension of time with respect to payments due on the Loan, Assignor agrees that the Leases and benefits hereby assigned shall continue as security for the Loan and all other liabilities and obligations hereby secured in accordance with the terms of this Assignment. Upon the iss,,ance of a deed or certificate of title pursuant to the foreclosure of the Mortgage, all right, title and interest of Assignor in and to the Leases (and all secority deposits, lien rights and other rights related thereto) shall by virtue of this Assignment vest in and become the absolute property of the grantee(s) named in soch deed or certificate of title without any further act or assignment by Assignor. Assignor hereby irrevocably appoints Assignee the true and lawful attorney of Assignor, with full power of substitution and with power for to execute and deliver all instruments of assignment Assignor, and in Assignor's, place and stead, be necessary or desirable for such or further assurances in favor of such grantee(s) which may . . purpose. Nothing contained in this Assignment, however, shall preclude Assignee from terminating any subordinate(d) Lease through foreclosure of the Mortgage. 9. T~rmination and Bivdlno Effect. Upon full payment to Assignee of all principal, interest and other charges payable under th~ Note, the Mortgage, this Assignment or any of the other Loan Documents and all other liabilities and indebtedness to Assignee secured hereby, this Assignment shaii become null and void; failing such full payment, this Assignment shall remain in full force and effect and, with the covenants, warranties and powers of attorney herein contained, shall inure to the benefit of Assignee and any subsequent holder(s) of the Note or obligee(s) of the other liabilities and indebtedness hereby secured, and shall be binding upon Assignor and Assignor's heirs, legal representatives, successors and assigns and any subsequent owner of the Premises. 7 1 1 ! 10. ~. Whenever the context of any provision of this Assignment shall so require, words in the singular shall include the plural, words in the plural shall include the singular, and pronouns of any gender shall include the other genders. Captions and headings in this Assignment are for convenience only and shall not affect its interpretation. All references in this Assignment to Exhibits, Schedules, paragraphs and subparagraphs refer to the respective subdivisions otrthis Assignment, unless the reference expressly identifies another document. Wherever used in this Assignment, unless the context clearly indicates a contrary intention or unless this Assignment specifically provides othensrise: (a) the term "Assignor" shall mean Assignor or any subsequent owner(s) of the Premises"; Co) the term "Assignee" shall mean "Assignee or any subsequent holder(s) of the Note or obligee(s) of any other liability or obligation secured by this Assignment"; (c) the term 'T4ote" shall mean "the Note, any renewal notes and any additional notes hereafter to be issued and secured by this Assignment pursuant to the future advance provision in " e term ~Loan" shall mean "the Loan and any furore or additional advances made the Mortgage; (d) th for any reason permitted or provided by the terms of this Assignment, by Assignee from time to time · ' the Mortgage or any other Loan Document"; and (e) the term "person" shall mean "an individual, corporation, partnership, limited partnership, unincorporated association, joint stock corporation, joint venture or other legal entity~- 11. ~- Time is of the essence of all provisions of this Assignment. Assignor ~ attomeys'*fees ~ In cona~don with the enforoemem shall l~aY Assigifee's mSt.n, expenses (including those incurred in appellate or modification or interpretation of this Assignment proceedings), which shall be secured by this Assignment and the Mortgage. If Assignor consist of and liabilities of each such person hereunder shall be joint and more than one person, the obligations · · several, and wherever the term ~Assignor# is used it shall be deemed to refer to such persons jointly and severally. If Assignor is a partnership, then all general partners in Assignor shall be liable jointly and severally for the covenants, agreements, undertakings and obligations of Assignor in connection with the Loan, notwithstanding any contrary provision of the partnership laws of the State of Floriclm This Assignment shall be governed by, and construed and enforced in accordance with, the laws of the State of Flodda~ This Assignment cannot be changed except by an agreement in writing, signed by the party against whom enforcement of the change is sought. In the event of any conflict between the terms of this Assignment and the Mortgage, the provisions of the Mortgage shall control. t I I I I I IN WITNESS WHEREOF, the undersigned have caused this Assignment to be executed as of the date first above written. "ASSIGNOR" Witnesses: Type Name:~.-~-.~'''-~--~1 '~'~'~-'~-~ ~ ~R LAKE VILLAS, INC., a Florida corporation [CORPORATE SEAL] STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, a ~qotary Public, duly authori7~ in the State and County aforesaid to take acknowledgments, personally .appeared E. UGENE C. THRUSHMAN, as President of MARKER LAKE VILLAS, INC., a Florida eorporataon, and who executed the foregoing instrument, and acknowledged before me that he executed it in the varec of and for that corporation, and that he is personally known to me ~ ~~.~-~Sq~df~_ ' ~ tion. WITNESS my hand and official seal in the County and State named above, this(~_~ day of November 1997. ~~-~d~ -  ~-0-otary Public Print Name:_ My Commission expires: Serial No: (if any):. AFFIX STAMP OR SEAL 9 *** OR: 2362 PG: 3234 *** KI]IIB IT "A" 1 ! I ! I t II II II II The East ~].f (EL~) of ~.he J4or'~.h~est Q3~ar~.er Ho~eas~ ~a~er (~%) oZ Section 49 Sou~, ~n~e 25 ~s:, Collier County, Flori~, i~ (6) acres, ~re or ~ess, ~e 5outh 30 feet ~e~eof for road right-of-way ~ses. AND COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Planning Services Department 2800 North Horseshoe Drivc Naples, Florida 34104 ENGINEERING REVIEW SECTION January 29, 1999 Mr. John P. Asher, P.E. Coastal Engineering Consultants, 3106 S. Horseshoe Drive Naples, FL. 34104 Re: Marker Lake villas Dear John: This is to inform you that the above referenced project has been granted preliminary approval by Engineering Review in compliance with collier County Land Development Code, Section 3.2.6.5.2. Ail water and sewer facilities approved and accepted and required to be maintained by Collier County shall be conveyed to the County pursuant to the provisions set forth in Collier County Ordinance Ne. 97-17, as amended. You are reminded that it is your responsibility to petition the Development Services Director for final approval of the improvements upon the expiration of the minimum one (1) year maintenance period. After satisfactory completion of all final inspections, the Board of County Commissioners shall adopt a resolution giving final approval of the required improvements, acknowledging the dedication(s) of the final subdivision plat and establishing County responsibility for maintenance of the required improvements if it is the Board's desire te accept and maintain the facilities. If you should have any questions or if we may be ef assistance, please advise. Senior Engineer S~rle ' Phone (941) 463-2400 Fax (941) 643-6968 www.co.collier, fl.u~ COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION January 29, 1999 Blair Foley Coastal Engineering Consultants. Inc. 3106 S. Horseshoe Drive Naples. FL 34104 Re: Marker Lake Villas Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Dear Mr. Foley: This is to inform you that the above referenced project has been granted preliminary, approval by Engineering Review in compliance with Collier County Land Development Code, Section 3. All water and/or sewer facilities approved, accepted and required to be maintained by Collier County shall be conveyed to the County pursuant to the provisions set fbrth in Collier County Ordinance No. 97-17, as amended. You are reminded that it is your responsibility to petition the Development Services Director for final approval of the improvements upon the expiration of the minimum one (1) year maintenance period. After satisfactory completion of all final inspections., the Board of County Commissioners shall grant final approval of the required improvements establishing County responsibility for maintenance of the required improvements if it is the Board's desire to accept and maintain the facilities. If you should have any questions or if we may be of assistance, please advise. Verv. truly. .yours. t f Shirley Nbc> / Engineering Technician II CC: Ed Finn, Interim Wastewater Director Paul Mattausch, Water Director Cindy Erb, Public Works John Houldsworth, Engineering Review Phone (941) 463-2400 Fax(941) 643-6968 www. co.collier, fl.us FILE No. 982 01×20 '99 14:48 ID:COASTAL ENGINEERING 941 643 1143 PAGE 2 COASTAL ENGINEERING CONSULTANTS Coostal ~nglneering Civil EngineerCng January 20, 1999 Mr. Thomas Kuck, P.E. Senior Project Manager Engineering Collier Review Services 2800 North Horseshoe Drive Naples, Florida 34104 Marker Lake Section 2, Township 49S, Range 25 East Utility Dedication Engineer's Payment Confirmation Collier County Conveyance Document Checklist, Legal Documents Item 16 CEC File No. 96.403 Dear Mr. Kuek: Coastal Engineering Consultants, Inc. Confirms receiving payment for our services to date on the subject project. As of this date, no monies are outstanding from the owner (client). Sincerely, COASTAL ENGINEERING CONSULTANTS, 1NC. Blair A. Foley., ~.E. Principal Engineer BAF:mf I ICECIENG[D/I TA 196403 [Payment Confirmatt on Letter, doc 3106 S, HORSESHOE DRIVE * NAPLES, FLORIDA 34104 · (941)643-2324 · FAX (941)643-1143 COASTAL ENGINEERING CONSULTANTS INC. HYDROSTATIC TESTING FOR PRESSURE MAINS Project Name: Engineer of Record: Date of Test: CEC Observer: Utility Co. Observer: Contractor Representative: Description of Line Tested: Marker Lake Villas John P. Asher, P.E. May 8, 1998 Tony Holman Randy Casey Bill Jensen, Jensen Underground Utilities 8" PVC Water Main CEC File No.: 96.403 Test Pressure: 160 P.S.I. CALCULATION OF ALLOWABLE LEAKAGE PER ONE (1) HOUR: Formula = (Length of pipe, feet) x (diameter of pipe, inches) x ~/(test pressure, PSI) + 133,200 (2,740')x( 8" )xx/(160 )+133,200 ( )x( )xx/( )+133,200 RESULTS OF TEST: 2.08 Gallons Gallons Total = 2.08 Gallons Length of Test: 2 Hours Allowable Leakage: 4.16 Gallons Start Time: 8:00 A.M. Pressure at Start of test: 160 P.S.I. End Time: 10:00 A.M. Pressure at End of test: 160 P.S.I. NOTE: Anytime the gauge pressure fails 5 P.S.I. from the initial starting pressure during the test, the test shall "FAIL". -0- Gallons Amount of water required to bring pressure up to beginning pressure: Test Results: X Passed Failed John P~her~ p.E~' Date Coast~Engineering Consultants, Inc. IICECIENGIDATAI964031Hydrostatic Testing-l.doc COASTAL ENGINEERING CONSULTANTS INC. HYDROSTATIC TESTING FOR PRESSURE MAINS Project Name: Engineer of Record: Date of Test: CEC Observer: Utility Co. Observer: Contractor Representative: Description of Line Tested: Marker Lake Villas John P. Asher, P.E. May 8, 1998 Tony Holman Randy Casey Bill Jensen, Jensen Underground Utilities 4" PVC Force Main CEC File No.: 96.403 Test Pressure: 115 P.S.I. CALCULATION OF ALLOWABLE LEAKAGE PER ONE (1) HOUR: Formula = (Length of pipe, feet) x (diameter of pipe, inches) x x/(test pressure, PSI) + 133,200 (70')x( 4" )xx/(ll5 )+133,200 = 0.02 Gallons ( )x( )x~]( )+ 133,200 = Gallons RESULTS OF TEST: Length of Test: 2 Hours Start Time: 8:00 A.M. End Time: 10:00 A.M. NOTE: Total = 0.02 Gallons Allowable Leakage: Pressure at Start of test: Pressure at End of test: Amount of water required to bring pressure up to beginning pressure: Test Results: X Passed __Failed John P~s'her, P.E. Date CoastakbEngineering Consultants, Inc. 0.04 Gallons 115 P.S.I. 115 P.S.I. Anytime the gauge pressure falls 5 P.S.I. from the initial starting pressure during the test, the test shall "FAIL". -0- Gallons IDA TA 1964031Hydrostatic Testing-2. doc FILE No. 516 12/28 '98 13:40 ID:COASTAL ENGINEERING 941 643 1143 PAGE 2 Dei::-28-98 10:34A GENE THRUSHISlAN 941 -.513- 97,57 P.01 Lawton Chiles Department of Environmental Protection South District P.O, Box 2549 Fort Myers, Florida 33~02-2549 Virginia B. We~erell Deecmber 2 I, 1998 Gene Thrushman, President Marker Lake Villas. Inc. 11216 Tamiami Trail North, Suite 341 Naples. Florida 34110 Collier Cot~nt¥ - PW Marker Lake Viii,ts (Collier Cmmty RegionaI WTP) 136076-00 I-DSGP Dear Mr. rhlrllshnlall: This acknowledges r~c¢ipt of certification that thc subject water distribution system extension has been complct -ed in accordaucc with thc plans and related materials permitted by this agenc5 under Permit Number 1360?6-00 I-DSG P dattxl March 5, 1998. Based on this ccrlification m~d satisfacto~ bacteriological results, we arc approving these facilities for sen/icc uudcr thc tbllowing conditmns: If thc bacteriological samples were collected prior to rcplaeumcu! of thc temporary backflow preventer or tcmpora~ constnmtion meter with a connccUon, £hen additiuual bacteriological sampling is required Upon completion of thc final com~ectmn, collect a baclcriological sample immediately dms~]str~u~ of the connection and submit the bacteriological results to the Depariment. Immediate service can be provided if a precautionary boil water m~'icc ~s issued £or are,ns down stream of thc eonner'tiou, until one day of satisfactory. bacteriological results have been obtained (Two consecutive days of satisfactory bacteriological results are required follmving any unsatis£actow result). Your continued cooperation ia our water supply program Ps apprcciaIed. Sincerely. GaB' A. Meier Pro£cssional Engi~mcr GAM/MJH ce: John P. Ashcr. P.E Paul E. Maltausch "Protecl, Cot~serve and Manage Flenda's E~nvironment and Natural Resources" 12/28 '98 10:53 '--~ "~1 Florida Department of Environmental Regulation ~' .~.~ ~'~,/~/ Twin Towers Office Bl~g. · 2GO0 Bmir Stone Road · Talla~¢e, Flori~ 32399-2400 Do.mestic Wastewater Collection/Transmission Systems Certification of ,Completion of Construction INSTRUCTIONS: This form is to be completed and submitted to the Department, prior to placing the system into operation. A collec- tiorVtransmission system should not be placed into operation without prior Department approval. All information is to be typed or printed in ink and all blanks must be filled. Construction PSrmit No' Name of Project: 50581-045-DWC Dated: March '13, 1998 Marker Lake Villas Name of Owner: CoLlier County Public Works Name of design engineer and Florida registration number (if different from engineer signing certification}: Date(s) of connection to existing system or treatment plant: December 31, 1998 Treatment plant serving project ' Name: Collier County/North Regional WWTP Collier ' Naples County: City: OER identification number (also k~own as GMS identification number): Substantial deviations from the approved plans and specifications (attach additional sheets if required): None ~: ~-'~'~ ...... PL^hiNING SEI~rV'ICES WAIVER AND RELEASE OF LIEN UPON F! NAL PAYMENT Thc undersigned lienor, in ¢onsidgrafion of the Final puyrllent jn the amoult~ of: ZERO ($0.00) hereby waives and releases its lien and right to claim a lien for labor, services or materials fllmishcd to: Telm s, Inc. on thc job of: Marker Lakes Villus, inc. to the following described property: The Easl half of the N.W, quarter of thc NE quarl'er of Section 2, Township 49 South, R,'mge 25 East, Coller County, Florida, six acres, more or less, less and excepting tim South 30 feet thereof for road right of way purposes & The West 1/2 of the N.E. quarter of thc N.W, quartet' of thc N.E. quarter if Section 2, Township 49 South, Range 25 East, Collier County, Florida, This Final Release is tbr Final Acceptance of Sewer & Water Facilities only. Dated on December 18, 1998. JENSEN UISI~RGROIJ~Ij2~I:P~I~ITIES, INC. Title: President STATE OF FLORIDA COLIN'I Y O1' L.OI.I.IE Thc forcgoing instrument w~s acknowledged before me on De, either 18, 1998 by Kevin Jcnsen as President of lessen Underground Utilities, Inc. a Florida Corporation, on behal~mtion. ~rsonally known to me and did not take an oath. ~~. NormT Publ~~~ ~ ~ , ._ Print: ~i State of Florida at Large ('Se~) My C onl~llSSlOn Exp~rcs. NOTE: ~ is a statum~Jbrm prescribed ~ Section 713.20, Florida Statutes (1996). E~c'tive October I, 1996. a person mt~ not require a lienor lo f~nish a waiver or retea~e of I[en that is d~Jorc, nt from the statuto~Jbrm, d6g:OO 66-O~-Uer COLLIER COUNTY GOVERNMENT DEPARTMENT OF PUBLIC INFORMATION CCTV-CHANNEL 54 3301 EAST TAMIAMI TRAIL NAPLES,FL 34112 (941) 774-8801 FAX: (941) 774-8588 fax (941) 774 -8301 (media) nfn10287@navle&net www.co.collienfl.us January 13, 1999 Jensen Underground 5585 Taylor Road Naples, FL 34109 Re: Bacteriological Analysis Results - Main Clearance Attached please find the analytical results on the following water main clearance project: Marker Lakes. These results were found to be acceptable by Collier County Laboratory, #55261. Should you have any further questions regarding this matter, please contact me at (941) 352-7004. Sincerely, Howard B. Brogdon Laboratory Supervisor State of Florida Department of Health Office of Laboratory Services Jacksonville, Miami, Pensacola Ta.~>a, West Palm 8each DRINKING WATER BACTERIOLOGICAL ANALYSIS , · ~OR LAB USE ONLY Press hard, (5) copies SYSTEM HAME: SYSTEM I.D, NO: SYSTEM PHONE #: COUNTY: DISTRICT: ADDRESS: ' COLLECTOR PHONE #: -- COLLECTOR: , , , SAMPLE SITE (Locality or Subdivision): TYPE OF SUPPLY(Circle one)~' Community water systeM, Noncommunity water system Nontransient - noncommunity water system ppiva~e w~[-l' Swil~ming pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Rep acement' Main clearance. Welt survey Other (Check Box) - - ' [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health unit TO BE COMPLETED BY COLLECTOR OF SAMPLE TO J)E COMPLETED BY LAE ANALYSIS METHOD: )iF MTF MMO-MUG PA COLL. SAMPLE POINT Cl NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. LOLl SAMPLE NUMBER Results in this column are presumptive. Total coliform and fecal oLiform or E. coli confirmation will follow n 24-48 hours. p - Coliforms are present C - Confluent growth TA - Turbid, Absence of gas or acid A - Coliforms are absent TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): INTERPRETATIONS-REMARKS BY, PROGRAM REVIEWER NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REPEAT SAMPLES REPLACEMENT SAMPLES REVIEWING OFFICIAL: TITLE: State of FLorida Oepartment of Health Office of Laboratory Services Jacksonville, Niemi, Pensacola Tampa, West Palm Beach DRINKING WATER BACTERIOLOGICAL ANALYSIS FOR LAB USE ONLY Press hard, (5) copies SYSTEM NAME: SYSTEM I.D. NO: SYSTEM PHONE #: ADDRESS: COUNTY: DISTRICT: COLLECTOR: COLLECTOR PHONE #: SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: -- TYPE OF SUPPLY(Circle one): Community water system Noncommunity water system Nontransient - noncon~unity water system Private Well Swimming pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement Main clearance We[[ survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health unit TO BE COMPLETED BY COLLECTOR OF SAMPLE TO BE COMPLETED BY LAB ANALYSIS METHOD: ;MF MTF MMO-MUG PA COLL. SAMPLE POINT CI NOR CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMHER r Results in this column are presumptive. Total coliform and fecal coliform or [.coLi confirmation will follow in 24-48 hours. p - Coliforms are present C - Confluent growth TA - Turbid, Absence of gas or acid A - Coliforms are absent TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): INTERPRETATIONS-REMARKS BY PROGRAM REVIEWER NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) ~ATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES State of Florida Del~rt~nt of Health Office of La~ratory Services DRINKING WATER BACTERIOLOGICAL ANALYSIS DHRS$~ 5526 ~FOR LAD USE ONLY Rec'd ].5:05 01-11-99 TESTED Date: 01-11-99 By:GJG CONFIRMED S~ ARF: FINISIH: BY: Press hard, (5) copies Co].].ier- (]ount 7' ~z:~te~." [)ept 5114069 SYSTEM NAME: SYSTEM I.D. NO: SYSTEM PHONE ~: ADDRESS: 3~1 "Famiami Trai i, Napl es, F'L COUNTY: Co 1 i ] er DISTRICT: MARKER L.1'4 K E COLLECTOR PHONE #: -- ~r=;;::'.-- ?~1~'7 DATE AND TIME COLLECTED: ~ · · · ~ · ~ -':::-~ TYPE OF SUPPLY(Circle one~ ater system ' Nonco~unity water system Nontransient - noncon~unity water system ~ace well s~i-n~ning pool Bottleo water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement C,,a~n~ce Welt survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ I Raw to county public health unit TO BE COMPLETED BY COLLECTOR OF SAMPLE TO BE COMPLETED BY LAB ANALYSIS METHOD: ~ MTF MMO-MUG PA COLL. SAMPLE POINT Ct NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER 1 15+00 FiRE HYD. 2. 8.=d ~j 9901--22~i Results in this column are presumptive. Total coliform and fecal coliform or E. coli confirmation will follow in 24-48 hours. p - Coliforms are present C - Confluent growth TA - Turbid, Absence of gas or acid A - Coliforms are absent TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER REMARKS: DAY THRt~E NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES State of FLorida Department of HeaLth Office of Laboratory Services Jacksonville, Himi, PensacoLa Ta~a, West Palm Beach DRINKING WATER BACTERIOLOGICAL ANALYSIS DHRS~ 5526~°R LAB USE ONLY Rec~ d 1 ~,. :: 2~0 TESTED Date: 01-- 1 ~.'-99 By :GJ'G ]ime: 1.3:20 TO 13:55 CONF I RMED START: F I N I SM: BY: Press hard, (5) copies Co].lier' Co.,ri'fy Water Dept 5114069 ?.~ ...... ~d SYSTEM NAME: SYSTEM I.D. NO: SYSTEM PHONE #: ADDRESS: 3301 'Famiami Trail~ Naples~ FL COUNTY: Collier DISTRICT: 11 SAMPLE SITE (Locality or Subdivision): MARKER LAK~i COLLECTOR PHONE #: .~;...., DATE AND TIME COLLECTED: k~i--12 ~ one : Co~mn~nity water sys~' Noncon~nunity water system Nontransient - noncommunity water system TYPE OF SUPPLY(Circle ~we~c[---~S~ihtning pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement M~n~cLearance~ ~eLL survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health unit TO BE COMPLETED BY COLLECTOR OF SAMPLE TO,-B~ COMPLETED BY LAS ANALYSIS METHOD:,~Fr--~ MTF HMO-MUG PA COLL. SAMPLE POINT CL NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLT SAMPLE NUMBER =' 15+00 FiRE HYD. 3. 8. ~901-23& ResuLts in this column are presumptive. Total coliform and fecal coliform or E. coLi confirmation will follow in 24-48 hours. P - CoLiforms are present C - Confluent growth TA - Turbid, Absence of gas or acid A - Coliforms are absent TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER REMARKS: DAY FOUR NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES ~-NDERGR0'UND UTILITIES INC. 5585 TAYLOR ROAD. o NAPLES, FLORIDA 34109 - (941) 597-0060 o Fax (941) 597-0061 VERIFICATION OF FINAL COST FOR WATER FACILITIES ACCEPTANCE PROJECT Marker Lakes Vanderbilt Beach Road Naples, FL QUANTITIES SIZES WATER 40 10" 70 10" 1 10" 2 10" 2 10"x8" 2390 8" 4 8" $ 8" 2 1 4 1 16"x 10" ENGINEER Coastal Engineering 3106 S. Horseshoe Drive Naples, FL 34104 DESCRIPTION PVC DR 14 PVC DR 18 Tee 45 Degree Bend Reducer SEMJ PVC DR 18 Gate Valve 45 Degree Bend 22 1/2 Degree Bend Permanent Bacteriological Sample Point Fire Hydrant Assembly (in Line) Tapping Sleeve & Valve WATER TOTAL COST GENERAL CONTRACTOR TELMS, Inc. 11216 Tamiami Trail N. #341 Naples, FL UNIT PRICE TOTAL COST 14.00 560.00 12.86 900.00 470.00 470.00 350.00 700.00 340.00 680.00 9.04 21,600.00 637.50 2,550~00 263.75 2,110.00 265.00 530.00 1,420.00 1,420.00 1,800.00 7,200.00 5,500.00 5,500.00 44,220.00 CERTIFIED UNDERGROUND UTILITY: CU C044996 * FIRE SPRINKLER CONTRACTOR V: 117961000192 UNDERGROUND UTILITIES INC. 5585 TAYLOR ROAD. o NAPLES, FLORIDA 34109 ' (941) 597-0060 ° Fax (941) 597-0061 VERIFICATION OF FINAL COST FOR WATER FACILITIES ACCEPTANCE PROJECT Marker Lakes Vanderbilt Beach Road Naples, FL GENERAL CONTRACTOR TELMS, Inc. 11216 Tamiami Trail N. #341 Naples, FL ENGINEER Coastal Engineering 3106 S. Horseshoe Drive Naples, FL 34104 SEWER 2 Sanitary Manhole 0/6 4,360.00 8,720.00 7 Sanitary Manhole 6/8 1,475.71 10,330.00 3 Sanitary Manhole 8/10 1,793.33 5,380.00 761 8" PVC (SDR 35) 0/6 12.23 9,310.00 542 8" PVC (SDR 35) 6/8 21.25 11,52Q00 442 8" PVC (SDR 35) 8/10 14.23 6,290.00 25 8" x 6" Tee Wye 33.60 840.00 625 6" PVC (SDR 35) 7.30 4,560.00 25 6" 45 Degree Bend 27.60 690.00 11 6" Single Cleanout Assembly 109.09 1,200.00 14 6' Double Cleanout Assembly 137.86 1,930.00 1 Lift Station & Vault 45,980.00 45,980.00 1 16" x 4 Tapping Sleeve & Valve 3,600.00 3,600.00 65 4" PVC (DR 18) 6.92 450.00 1 4" Sleeve 230.00 230.00 1 4" Cap 160.00 160.00 1 4" Deflection 1,360.00 1,360.00 1 Air Release 1,600.00 1,600.00 SEWER TOTAL COST '114,'150.00 CERTIFIED UNDERGROUND UTILITY; CU C044996 · FIRE SPRINKLER CONTRACTOR V: 117961000192 COASTAL ENGINEERING CONSULTANTS INC Coastal Engineering Civil Engineering Survey Environmental Real Estate Appraisal December 7, 1998 Ms. Shirley Nix Project Review Services Collier County Development Services 2800 N. Horseshoe Drive Naples, Florida 34104 RE: Marker Lake Villas CEC File No. 96.403 Dear Shirley: I hereby certify that to the best of my knoxvledge and belief that all of the water main and waste water gravity main facilities within Marker Lake Villas are located within the platted Right-of- Way or Collier County Utility Easements (C.U.E.). Coast~,l~ngineering Consultants, Inc. IICECIENGIDATAI964031Nix - Water Certification. doc 3106 S, HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (941) 643 2324 · FAX (941) 643-1143 UNDERGROUND UTILITIES INC. 5585TAYLOR ROAD. - NAPLES, FLORIDA 34109 o (941) 597-0060 ° Fax (941) 597-0061 May 13, 1998 Coastal Engineering 3106 S. Horseshoe Drive Naples, FL 34104 RE: One Year Warranty- Marker Lakes The undersigned warrants all its work performed, and all the materials and equipment furnished, in connection with the above referenced project to be free from all defects in material workmanship for a period of one (1) year from the date of acceptance by the Board of Commissioners. Additionally, the undersigned agrees to remedy all defects arising within that period at its expense. The term "defects" shall not be construed as embracing damage arising from misuse, negligence, acts of God, normal wear and tear or failure to follow operating instructions. Kevi~eff~ TITLE: President CERTIFIED UNDERGROUND UTILIIY: CU C044996 * FIRE SPRINKLER CONTRACTOR V: 117961000192 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 112693 ~ /01/20/1999 3:15:37 PM . Post oa[e Payment Slip Nbr ~ 01/20/1999 UT 47756 JENSEN UNDERGROUND UTILITIES. INC CH # 13977 Payor: JENSEN UNDERGROUND Fee c~(:J~ ~j~n 4 ~c-.,21~ , COUNted-iNVOICES Fee Information GL ACCount Am0uni i waived Total $414.73! i ~aymen( C(~de- ~coundCheck Number Memo: JENSEN UNDERGROUND UTILITIES, INC. 5585 TAYLOR RD NAPLES, FL 34109 Payments $41~r.731 Total Cash $0.00 ! Total Non-Cash ' $414.73! Total Paid $414.731 DOR195 WO#12580/12431 12/08/98 Cashier/location: FROLOFF_E / 1 User: EMERSON_K Collier County Board of County Commissioners Printed:01/20/1999 3:16:08 PM CD-Plus for Windows 95/NT FIRE PREVENTION BUREAU 1441 PINE RIDGE ROAD · NAPLES, FLORIDA 34109 (941) 597-9227 FAX (941) 597-3522 January 15, 1999 Gene Thrushman Marker Lake Villas, Inc. 11216 Tamiami Trail No. Suite ~341 Naples, FL 34110 RE: Fire Hydrant Acceptance Marker Lake Villas - 4 Hydrants Dear Gene, The North Naples Fire Control and Rescue District has inspected and received our fees for ownership and maintenance of the above hydrants. We will accept ownership and maintenance. at this time. The following are the results of a flow test: Static 58 Residual 54 GPM 1089 Pitot 42 If you have any questions, please do not hesitate to give me a call. Sincerely, NORTH NAPLES FIRE DEPARTMENT Karl K. Reynolds Fire Marshal Fire Prevention Bureau KKR:sc COASTAL ENGINEERING CONSULTANTS INC. SANITARY SEWER INFILTRATION TEST CERTIFICATION Project Name: Engineer of Record: Date of Test: CEC Observer: Utility Co. Observer: Contractor Representative: Description of Line Tested: Marker Lake Villas John P. Asher, P.E. July 22, 1998 Tony Holman Bill Jensen, Jensen Underground Utilities 8" PVC CEC File No.: 96.403 CALCULATION OF ALLOWABLE INFILTRATION PER 24 HOURS: Formula: (Length of pipe) / 5280' x (diameter of pipe) x 50 gal/day (in feet) (in inches) ( 2,145' ) / 5,280' x (8") x 50 gal/day ( ) /5,280'x( )x50gal/day __ units (occupied) x __ bldg. (___ units) w/ RESULTS OF TEST: Total gal/day Length of Test: 24 hour(s) Calculation of Actual Infiltration: Neglibible. Test Results: X Passed John }~. ~sher, P.E. Coast~!/Engineering Consultants, Inc. Failed = 162.50 Gallons -- Gallons = Gallons -- Gallons = 162.50 Gallons Allowable Infiltration: 162.50 Gallons Date IICECIENGIDATAI964031Infiltration Test. doc 6S:0~ 86, 80/~ 4.70 COAL TAR BPOXY C-200 I III IIb~tl: Nov-25-98 10:15A JENSEN UNDERGROUND 941 597 0061 P.01 5585 TAYLOR RD. o NAPLES, FL 34109 · (941) 597-0060 - FAX (941) 597-0061 Nove nber 25, 1998 Tony 1 lolman Coastal Engineering 3106 S. tlorscshoc Drive Naple~ FL 34104 Re: Marker Lakes Dear Mr. Holman Voltage drop lbr lilt station at M~rker Lakes is 3 volts. Thank you, ?resident C~[RTIFIEO UNDERGROUND UTILITY: CU C044996 o FIRE SPRINKLER CONTRACTOR V: 117961000192 2152 SPRINT BLVD. ApoPKA, FL 32703 (407) 886-3131 5661 DIVISION DRIVE FORT MYERS, FL 33905 JOB N~LME. MARKER LAKES LOCATION OF INSTALLATION CONTRACTOR ~ensen Underground DIVISION OF ELLIS K. PHELPS & CO. RESPOND TO: O 1100 53RD COURT SOUTH MANGONIA pARK ( 9 4 1 ) 6 9 3 -- 5 2 2 6 WEST PALM BEACH. FL 33407 (5~1} 848-2299 PUMP STATION START-UP REPORT OPERATOR Naples, fL DESIGN CONDITIONS: 124 AIRPORT PARK DR. SAVANNAH, GA 31408 (912) 966-1866 collier County L/A CONNECTED YES YES Meter 920461553 GPM TDH PHASE 3 05-98-33 GROUND CONNECTED PUMP MODEL_ CP3127 H.P. 10 IMPELLER_ 484 VOLTAGE_ 230 SERIAL NUMBER ~1 180-9820081 ~2 180-9820082 ~4 MANUFACTURER OF CONTROL QCI SERIAL ~ OVERLOAD HEATER ~ B-45 ALTERNATOR TESTED YES COMMENTS: MEGGER CHECK ~1 INF ~2 INF ~3 ~4 RED INF BLACK INF WHITE RED INF BLACK _ TNF WHITE RED BLACK WHITE RED_ BLACK WHITE TO GROUND VOLTAGE CHECK: CONTROL CIRCUIT pRiMARY A to B 252 A to G 124 AMPERAGE CHECK: ~1 19 ~2_ 18 124 SECONDARY B-t~ C 253 A to C_ 256 B to G 223 A to G ~26 A 22 B 19 C PHASE A 21 B 18 C PHASE A B C PHASE PUMPS SEATED PROPERLY FIELD TEST PERFORMANCE TEST: ~1 368 GPM __ TDH ~2 453 GPM ~3. GPM TDH ~4 GPM __ I certify this report to be accurate: Official Start-Up Date: 1~/24/9~ 26.5-- YES OPERATOR HAS RECEIVED INSTRUCTION MANUAL~YE~ TDH TDH BOTH GPM ~ TDH TDH BOTH GPM ~ (~OLLIER COUNTY UTILITIES W~$TEW~TER DEP~RTI4,ENT PRO~I'ECT VIDEO REVIEW DATE OF REVIEW: 12-11-98 PROJECT NAME: Marker Lake Villas (North) ENGINEER OF RECORD~ CONSTRUCTION CONTRACTOR: VIDEO CONTRACTOR: Sewer Viewer COMMENTS: Lines and services acceptable RECOMMENDATIONS: ~ REVIEW NUMBERED COMMENTS IN ONE YEAR: i I NUMBERED COMMENTS UNACCEPTABLE: (REPAIR/REPLACE) ~ OTHER RECOMMENDATIONS: COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION December 01. 1998 Mr. Blair Foley Coastal Engineering Consultants 3106 S. Horseshoe Drive Naples, Florida 34104 RE: Marker Lakes Villas. Water & Sewer Dear Mr. Foley: A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering Review Section of the Planning Services Department on December 0l, 1998. Conditions were found to be acceptable, and appear to meet County Standards. If you should have any questions, please do not hesitate to call Randy Casey at (941) 403-2418 or Clyde Fugate at (941 )403 -2417. Sincerely, Engineering Inspection Supervisor CF/rc/mk/f:\lnspection form Cindy Erb, Engineering Technician, Public Works Timothy L. Clemons, Wastewater Director, Utilities Paul Mattausch, Water Director, Utilities Evelyn Ferguson, D.O.R. Billing Supervisor Randy Casey, Engineering Inspector, Engineering Review Section Shirley Nix. Engineering Tech. II, Engineering Review Section File Building Review & Pcnniaing Code Enforcemcnt Housing & Urban Improvement (941)403-2400 (941)403-2440 (941) 403-2330 Natural Rcsourccs Planning Services Pollution Control (941) 732-2505 (941) 403-2300 (941) 732-2502