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Kensington Park, Phase 3BMEMORANDUM DATE: TO: FROM: RE: September 8, 1997 Maureen Kenyon, Supervisor, Clerk to Board Shirley Nix, Engineering Technician II~/' Project Plan Review Kensington Park, Phase 3-B Sewer Facilities Acceptance Recording Fee Number 113-138312-649030 /~ c. / ~/ Iqq q ~ C (_~. "' On August 28,.-~-z~9-7', .~ngi-nee~i~,~ Review granted approval of the sewer facilities within the above-referenced project. Please find attached the following documents for your files. 3. 4. 5. 6. 7. o o 10. 11. (Recorded)Utilities Facilities Subordination, Consent and Joinder (Recorded) Bill of Sale (Recorded) Utility Easement (Recorded) Utilities Facilities Warranty Deed Owner's Affidavit Attorney's Affidavit Copy of preliminary approval letter from Engineering Review Services Certification of pressure testing of sewer force mains Engineer of Record Bacteriological clearances (DER certification) for water facilities from City of Naples DER Placement-in-Service letter for sewer facilities Contractor's Final Release of Lien Memorandum to Maureen Kenyon, Supervisor, Clerk to Board September 8, 1997 Page Two 12. Certification concerning contributions-in-aid of any construction 13. Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) 14. Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements 15. 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 16. Certification of the inflow/infiltration test for the sewer lines by Engineer of Record 17. Electrical Contractor's certification on Pump Station electric service wire sizing and voltage drop, pursuant to National Electrical Code specification 18. Copy of pump station start-up report 19. Copy of video tape test report 20. 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 21. One copy of the Utility Easement 22. One copy of the recorded plat 23. One set of record drawings, signed and sealed by the Engineer of Record Once the first documents are recorded, please send copies of the recorded documents for our files. Also, please forward the recording fee bill so we can collect from the developer. Thanks for your assistance. If you have any questions, please call and advise accordingly. Attachments Retn: .~IRLEY RIX ENGINEERING REVIEW SERVICES EXT 5586 2225198 OR: 2346 PG: 1128 RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 09/12/97 at 12:IDPM DWIGHT E. BROCK, CLERK 24.00 BILL OF SALE THIS BILL OF SALE, evidencing the sale and conveyance of the sewer utility facilities described herein is made on this 18th day of February, 1997, by J. DUDLEY GOODLETTE, AS TRUSTEE (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 THE COLLIER COUNTY WATER- SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Buyer"). WITNESSETH: That said Seller, for and in consideration of the sum of TEN AND NO/100 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, all those certain sewer utility 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 are free from all 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. IN WITNESS WHEREOF, SELLER has caused these presents to be executed the day and year first above written. Signed, Sealed and delivered in the Presence of: J. Dudley Goodlette, as Trustee This Instrument Prepared By: C: \KRJ\Steiner\Collier. BOS (Page 1 of 2) Kenneth R. Johnson, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiarai Trail North, Suite 300 Naples, FL 34103 OR: 2346 PG: 1129 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on this 18th J. DUDLEY GOODLETTE, as Trustee, who is personally known to me. day of February, 1997, by Notary Public Print Name: O_ ~ '~ [~L '~-~ State of Florida at Large My Commission Expires: (Notary Seal) IN OFFICIAL NOTARY SEA1, CAROL J ANDREWS OTARY PUBLIC STATE. OF FLORID COMMISSION NO. CC429000 MY COMMISSION EXP. DEC. 22,19c~8 C :\KRJ\Steiner\Collier. BOS (Page 2 of 2) OR: 2346 PG: 1130 LEGAL DESCRIPTION KENSINGTON PARK PHASE THREE-B SANITARY SEWER EASEMENT ALL TRACT R OF KENSINGTON PARK PHASE THKEE-B AS KECOP. DED IN PLAT BOOK ~ , PAGES ~' THROUGH 6 __, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLmP. COUNTY, FLOKIDA. · EXHIBIT "A" PAGE 1 OF 3 OR: 2346 PG: 1131 KENSINGTON PARK, PHASE THREE-B LEGAL DESCRIPTION 30'x30' SEWER MAIN EASEMENT A thirty feet by thirty feet Collier County Utility Easement (C.U.E.) located m Tract '~3C l"of Kensington Park, Phase One, as recorded in Plat Book 21, Pages 62 through 67 of the Public Records of Collier County, Florida, more particularly described as follows: Commence at the Southeast comer of Tract 'GC 1", Kensington Park, Phase One, as recorded in Plat Book 21, Pages 62 through 67 of the Public Records of Collier County, Florida, point being on a curve concave Southeasterly; thence mn 82.71 feet along the arc of said curve having a radius of 115.00 feet; an included angle of 41°12'32", a chord of 80.94 feet, and a chord bearing of S69°lY57'W to a point of tangency; thence run S48°37'41'W for 103.47 feet to a point of curvature of a curve concave Northwesterly; thence mn 39.56 feet along the arc of said curve having a radius of 55.00 feet; an included angle of 41°12'32", a chord of 38.71 feet, and a chord bearing of S69°lY57'W to a point of tangency; thence run S89°50'13'W for 54.21 feet to the POINT OF BEGINNING; Thence run N00°09'47'W for 30.00 feet; thence run S89°50'13'W for 30.00 feet; thence run S00°09'47'E for 30.00 feet; thence run N89°50'I3'E for 30.00 feet to the POINT OF BEGINNING, containing 900 square feet, more or less. Prepared By: Florida Registration No. 1543 MeAnly Engineering and Design, Inc. 5101 Tamiami Trail East, Suite 202 Naples, FL 34113 EXHIBIT "A" PAGE 2 OF 3 *** OR: 2346 PG: 1132 KENSINGTON PARK PHASE LEGAL DESCRIPTION 30'x30' C.U.E. THREE-B 5O POINT OF BEGINNING \ X \ GRAPHIC SCALE O 30 60 ( el FEET ) 1 Inch = 60 ft L4 LINE TABLE LINE I DIRECTION I DISTANCE L1 S89'50'13"W 54-.21' L2 NOO'O9'47"W 30.00' L3 S89'50't3"W 30.00' L4 S00'09'47"E 30.00' L5 N89'50'13"E 30.00' TRACT "GC1 POINT OF COMMENCEMENT SE CORNER TRACT "CC1" KENSINGTON PARK, PHASE ONE, PLAT BOOK 21, PAGES 62-67 CURVE TABLE CURVE I RADIUS I LENGTH t CHORD J BEARING C1 115.00' 82.71' 80.94' S69'13'57"W DELTA 41'12'32" C2 55.00' 39.56' 38.71' S69'13'57"W 41'12'32" TOI~ STEINER ~O,[CT: KENSINGTON PARK PHASE 38 S t3 TWP 4gs; RNC 25~:: COL/JER COUNTY. FL TL£: LEGAL DESCR~TION 30'x30' C.U.F_ 4/96-12 tlMcANLY ENGINEERING ENCINE[RINC. PLANNING, LAND SURV[Y1NC · No LANOSC~ ~.C.~C~.E ' I 5101 T~I~I mAE EAST. ~IT[ 202 N~S, FL~IOA 34113 C~IGHT. 1996 BY MCA~Y [N~EERI~ ~D 0ES~. INC. ALL R~TS ~R~0 NO. t RE Vt ~JONS PROJECT: g01205.3 SHEET: EXi{IBIT "A" PAGE 3 OF 3 2225199 OR: 2346 PG: 1133 RBCORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 09/12/97 at 12:10PM DWIGHT E, BROCK, CLERK RHC FHB 24.00 DOC-.?0 .70 R~tn: UTiLiTY EASEMEN~IRLBY NIX BNGINBBRING RBVIBW HBRVICBS BXT 5586 THIS EASEMENT granted on this 18th day of February, 1997, by J. DUDLEY GOODLETYE, AS TRUSTEE (hereinafter referred to as "Grantor"), 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 DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee"). WITNESSETH: Th. at the Grantor for and in comideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non- exclusive easement, liceme, and privilege to enter upon and to imtall and maintain sewer utility facilities, on the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Gramee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the undersigned Grantor has duly executed and delivered this instrument the day and year first above written. Signed, Sealed and delivered in the Presence of: Printed Name: P~ted Name: ~'~ ~[tq~i [(~ Jt/ L. ~lflA ('x~ J. Dudley Goodlette, as Trustee C :\KRJ\Steiner\Collier. Easement (Page 1 of 2) This Instrument Prepared By: Kenneth R. Johnson, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 2346 PG: 1134 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on this 18th day of February, 1996, by J. DUDLEY GOODLETTE, as Trustee, who is personally known to me. Notary Public 0 Print Name: (!~.;ii ~,f~)(_ -~i ' State of Florida at Larg( My Commission Expires: (Notary Seal) OFFICIAL NOTARY SEAL CAROL J ANDREWS NOTARY PUBLIC STATE OF FLORID,~ COMMISSION NO. CC429000 MY COMMISSION EXP. DEC. 22,1998 C :\KRJ\Steiner\Collier. Easement (Page 2 of 2) 0R.-'2346 PG: 1135 LEGAL DESCRIPTION KENSINGTON PARK PHASE THREE-B SANITARY SEWER EASEMENT AI.L TRACT R OF KENSINGTON PARK PHASE THKEE-B AS RECORDED IN PLAT BOOK 2~ , PAGES ~' THKOUGH 6 , INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - EXHIBIT "A" PAGE 1 OF 3 2346 PG: 1136 KENSINGTON PARK, PHASE THREE-B LEGAL DESCRIPTION 30'x30' SEWER MAIN EASEMENT A thirty feet by thirty feet Collier County Utility Easement (C.U.E.) located in Tract 'GCl"of Kensington Park, Phase One, as recorded in Plat Book 21, Pages 62 through 67 of the Public Records of Collier County, Florida, more particularly described as follows: Commence at the Southeast comer of Tract 'GC 1", Kensington Park, Phase One, as recorded in Plat Book 21, Pages 62 through 67 of the Public Records of Collier County, Florida, point being on a curve concave Southeasterly; thence run 82.71 feet along the arc of said curve having a radius of 115.00 feet; an included angle of 41°12'32", a chord of 80.94 feet, and a chord bearing of S69°13'57'W to a point of tangency; thence run S48°37'41'W for 103.47 feet to a point of curvature of a curve concave Northwesterly; thence run 39.56 feet along the arc of said curve having a radius of 55.00 feet; an included angle of 41012'32'', a chord of 38.71 feet, and a chord beating of S69°13'57'W to a point of tangency; thence run S89°50'13'W for 54.21 feet to the POINT OF BEGINNING; Thence run N00°09'47'W for 30.00 feet; thence run S89°50'13'W for 30.00 feet; thence run S00°09'47'E for 30.00 feet; thence run N89°50'I3'E for 30.00 feet to the POINT OF BEGINNING, containing 900 square feet, more or less. Prepared By: Florida Registration No. 1543 McAnly Engineering and Design, Inc. 5101 Tamiami Trail East, Suite 202 Naples, FL 34113 EXHIBIT "A" PAGE 2 OF 3 OR: 2346 PG: 1137 KENSINGTON PARK PHASE LEGAL DESCRIPTION 30'x30' C.U.E. THREE-B POINT OF BEGINNING \ \ 6O GRAPHIC SCALE 0 30 60 ( ~ FEET ) linch = 60 ft POINT OF COMMENCEMENT SE CORNER TRACT "CC1" PARK, PHASE Lq- LINE TABLE LINEt DIRECTION I DISTANCE L1 S89'50'13"W 54-.21' L2 NO0'09'47"W 30.00' L3 S89'50'13"W 30.00' L4 500'09'47"E 30.00' L5 N89'50'13"E 30.00' KENSINGTON ONE, PLAT BOOK 21, PAGES 62-67 "GCi" CURVE TABLE CURVE I RADIUS I LENGTH I CHORD I BEARING C1 115.00' 82.71' 80.94' 569'13'57"W DELTA 41'12'32" C2 55.00' 39.56' 38.71' S69'13'57"W 41'12'32" ~o.:To~. sTE.~~ McANLY ENGINEERING S 13 T~ 49S; RNC 25E; CO~R COUP. FL II EN~EE~NC. P~N~G. L~O SUR~NG nrLE: ~ DESCR~ON II 5, Ol T~im mAk EAST. SU,TE 202 30'x30' C.U~ H .~s. rc~,o~ ~,,,~ H/l~/~t-I;:O~:lt K[N%~AIS~CUC. d~ ~C~H[, 1996 ~Y UC~Y [N~[[R~ ~O 0[[1~, INC. AIL RI~I$ ~[R~ NO. REVI~0N$ PROJECT: 901205.5 5HEE I: EXHIBIT "A" PAGE 3 OF 3 ,,t,: 2225200 OR' 2346 PG' 1 SHIRLEY NIX RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, ~L E~GINEERING REVIEW SERVICES 09/I2/97 at 12:10PM DWIGHT E, BROCK, CL~RK REC FEH HXT 5586 DOC-.70 24,00 ,?0 UTILITY FACILITIES WARRANTY DEED THIS INDENTURE made on this 18th day of February, 1997 by and between J. DUDLEY GOODLETYE, AS TRUSTEE (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 sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to said Grantor in hand paid by the 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 sewer utility 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. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed the day and year first above written. Signed, Sealed and delivered in the Presence of: C:~RJ\Steiner\Collier. UWD J. Dudley Goodlette, as Trustee (Page 1 of 2) This Instrument Prepared By: Kenneth R. Johnson, Esq. Goodlette Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 OR: 2346 PG: 1139 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on this 18th day of February, 1997, by J. DUDLEY GOODLETTE, as Trustee, who is personally known to me. Notary Public State of Florida at Large My Commission Expires: (Notary Seal) I OFFICIAL NOTARY SEAL CAROL ANDREWS I ~i NC~ARY ?'UBI.iC STATE. OF FLORIDA ~,,MM=o~I,:, NO, CC429000 i MY ~.()MMISSiON EXP DEC. 22,1998 C :\KRJ\Steiner\Collier. UWD (Page 2 of 2) OR: 2346 PG: 1t40 LEGAL DESCRIPTION KENSINGTON PARK PHASE THREE.B SANITARY SEWER EASEMENT ALL TRACT P. OF KENSINGTON PARK PHASE THKEE-B AS RECORDED IN PLAT BOOK 28 , PAGES ~' THROUGH /5 , INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT PAGE 1 OF OR: 2346 PG: 1141 KENSINGTON PARK, PHASE THREE-B LEGAL DESCRIPTION 30'x30' SEWER MAIN EASEMENT A thirty feet by thirty feet Collier County Utility Easement (C.U.E.) located in Tract 'GC l"of Kensington Park, Phase One, as recorded in Plat Book 21, Pages 62 through 67 of the Public Records of Collier County, Florida, more particularly described as follows: Commence at the Southeast comer of Tract 'GC 1'~ Kensington Park, Phase One, as recorded in Plat Book 2 I, Pages 62 through 67 of the Public Records of Collier County, Florida, point being on a curve concave Southeasterly; thence run 82.71 feet along the arc of said curve having a radius of 115.00 feet; an included angle of 41°12'32", a chord of 80.94 feet, and a chord bearing of S69°13'57'W to a point of tangency; thence run S48°37'41'W for 103.47 feet to a point of curvature of a curve concave Northwesterly; thence mn 39.56 feet along the arc of said curve having a radius of 55.00 feet; an included angle of 41012'32'', a chord of 38.71 feet, and a chord bearing of S69°13'57'W to a point of tangency; thence run S89°50'13'W for 54.21 feet to the POINT OF BEGINNING; Thence run N00°09'47'W for 30.00 feet; thence run S89°50'13'W for 30.00 feet; thence run S00°09'47'E for 30.00 feet; thence run N89°50'13'E for 30.00 feet to the POINT OF BEGINNING, containing 900 square feet, more or less. Prepared By: .S.M. / Florida Registration No. 1543 MeAnly Engineering and Design, Inc. 5101 Tamiami Trail East, Suite 202 Naples, FL 34113 EXqFIB IT "A" PAGE 2 OF 3 OR: 2346 PG: 1142 KENSINGTON PARK PHASE LEGAL DESCRIPTION 30'x30' C.U.E. THREE-B 6O POINT OF BEGINNING GRAPHIC SCALE O 50 60 ( ~1 FEET ) 1 Inch = 60 ft L4 LINE TABLE LINEI DIRECTION I DISTANCE L1 S89'50'13"W 54-.21' L2 NOO'O9'47"W 30.00' L3 S89'50'13"W 30.00' L4 S00'09'47"E 30.00' L5 N89'50'13"E .30.00' TRACT "GCi" POINT OF COMMENCEMENT SE CORNER TRACT "CC1", KENSINGTON PARK, PHASE ONE, PLAT BOOK 21, PAGES 62-67 CURVE TABLE DELTA CURVE IRADIUS I LENGTH I CHORD I BEARING 1 C1 115.00' 82.71' 80.94' S69'13'57"W 41'12'32" C2 55.00' 39.56' 38.71' S69'13'57"W 41'12'32" TONI STEINER ~.o,~c~: KENSINGTON PARK PHASE 38 $ 13 TI~P 4g$; RNG 2~E; CO~R COU~. ~ n Ti_E: LEGAL DESCRIPTION 30'x30' C.U.F_ sc^L,-: ,*-6o'I ~,,,.: ..,...lc,,<.: w.c.,,lo,,~: ,, 1~/14/96- t2: 02:¢7 K£N\PLA T$\CU~d~g Il McANLY ENGINEERING I ENCINIC'ERINC, PLANNING. LA.NO SURV[YINC I 5101 TAMIAJ~ TRAIL F'AST. I (941) 775--0?2.$ F*X EXHIBIT "A" PAGE 3 OF 3 .~lE£ I: UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER T1-115 SUBORDINATION, CONSENT AND JOINDER given this :xP-)--%~ February, 1997, by SHELDON W. RUB[N, AS TRUSTEE, whose post office address is: 7120 Mom Head fane, Boca Raton, FL 33496 (hereim~r referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COU-NTY, FLORIDA, AS' THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLI~rl::.R COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires day of ;~ WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage and Security Agreement dated December 12, 1995, and recorded Der. ember 13, 1995 in Official Records Book 2128, at Page 0129, of the Public Records of Collier County, Florida, given by JOHN N. BRUGGER, AS TRUSTEE (hereinafter referred to as the "Mortgage") and UCC-I financing statements recorded in Official Records Book 2128, at Page 0165, of the Public Records of Collier County, Florida and filed with the Florida Secretary of State File No. 950000251456 (the "Financing Statements") 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 and graphically depicted on Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easemem Property". WHEKEAS, County has requested that Mortgagee consent to join in and subordinate its Mortgage to the interest that County has in Oe Easement Property to which request Mortgagee has agreed. NOW THEREFORE,: in consideration of TEN AND NO/100 DOLLARS ($I0.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to join in and subordinate the lien of its Mortgage to the grant of that certain casement described herein over, under, and across the Easement Property mad any interest of the County in any utility facilities located therein or affhed thereto. Except as across the Easement Property or any utility facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. C:~.RJ\Uriqty\Counry. SCj Thin Inslrument Prepared By: Kenneth R. Johnson, Esq. Goodlette Coleman & Johnson, P.A. 4001 Tamiami Trail North. Suite 300 ~ROM :GOODLETTE, COLEMAN 942 4~S 2218 1997,~8-~S 2~:27 "S89 P.~5/~9 'LN WITNESS ~OF, the Mortgagee has caused these presents to be executed the day and year first above written..' Signed, Sealed and delivered in the Presence of: sr^ 'E oF The foregoing UTILITY FACILIT_~S~ SUBORDINATION, CONSENT AND JOINDER was acknowledged before me on this ~ ) day of February, 1997. by SIt2ELDON W. RUBIN, as Trustee, who is personally known to me. N'6mry Public~ Print Name: State of Florida at Large My Commission Expires: C :~Ll\Utility\Coun~y.SCI ('Page 2 of 2) TM. ACT R 01~ I~iN L~GAZ, DE$CRIP'I~ON KENSINGTON I~ARK PleASE I~IRE~-!~ ,. ," SANITARY SEWER EASEMENT, SINOTON PARK PHA$]i THREE-BiAS KECORDED IN PLAT' THR. OUGH ~ j INCLUSIVE, 'OF TIRE PUBLIC ]OUNTY, FLOKIDA. TOTmL P.~2 FROM :GOODLETTE, COLEMAN 2218 11:17 KENSINGTON PARK, PHASE THREE-B LEGAL DESCRIPTION 30'x30' SEWER MAIN EASEMENT A thirty feet by tlxirty feet Collier County Utility Easement (C.U.E.) Iocatexl in Tract 'GCl"of Kensington Park, Pha~¢ One, as recordc4 ig Plat Book 2I, Pa~;¢s 62 throul~h 67 of the Public Records of Co!lief_, "'-County, Florida, more particularly described as follows: Commence at thc Southeast corn2r of Tract 'C3C1'; Kensingnon Park, Phase One, as recorded in Plat Book 21, Pages 62 through 67 of'thc Public Records of Collier County, Florida, point being on a curve concave Southeasterly; thence run g2.71 feet along the arc of said curve having a radius of' 115.00 feet; an included angle o£41°12'32'', a chord of 80.94 feet, and a chord bearing o£S69°13'57'W to a point o£ tafigency; thence run S48°37'4 l'W for 103.47 feet to a point of curvature of' a curve concave Northwesterly; then~ run 39.56 feet along thc arc of said curve having a radius of 55,00 feet; an included angle of 41°12'32'', a chord of 38.71 feel and a chord bearing of' S69°13'57'W to a point of tangency; thence run S89°50'13'W for 54.21 feet to:the POINT OF BEGINNING; Thence run N00°09'47'W for 30.00 feet; thence run S89°50'13'W for 30.00 feet; thence run S00°09'47'E for 30.00 feet; thence run N89°50'I3'E for 30.00 feet to the POINT OF BEGINNING, containing 900 square feet, more or less. ~OM :GOODLETTE, COLEMAN ~41 4SS 1218 1~97,~8-~5 12:17 "S89 ~.~6/~ KENSINGTON PARK PHASE LEGAL DESCRIPTION 30'x30' C.U.E. THREE-B POIN T OF $0 BEGINNING (_4 GRAPHIC SCALE 0 30 60 LINE TABLE LINE [ DIRECTION I DISTANCE L1 S89'50'13"W 54..21' L2 NO0'09'47"W 30.00' L3 S89'50'13"W 30.00' L4 S00'09'47"E 30.00' L5 N89'50'13"E 30.00' ( IN FEET ) Inch: 60 ft. ~4~ k~,,,,,% TRACT POINT OF COMMENCEMENT SE CORNER TRACT "CCI" KENSINGTON PARK; PHASE ONE, PLAT BOOK 2'1, PAGES 62-67 "GCi" CURVE TABLE CURVE I RADIUS I LENGTH I CHORD I BEARING 1 DELTA C1 115.00' 82.71' 80.94.' S69'13'57" W 4.1 '12'32" C2 55.00' 39.56' 3B.71° S69'lY57"W 41'12'32" McANLY ENGINEERING iorz OWNER'S AFFIDAVIT On this 18th day of February, 1997, before me personally appeared J. DUDLEY GOODLETTE, to me personally known (hereinafter "Affiant"), and who, being duly sworn on oath, did say that: 1. J. DUDLEY GOODLETTE, as TRUSTEE (the "Trustee" or "Owner") is the legal owner of property located in Collier County, Florida, as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"). 2. That all of the persons, firms, 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 construction or repair of sewer utility facilities on the Property have been paid in full and that such work has been fully completed and accepted by the Owner. 3. 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 sewer utility facilities placed upon or installed in the aforesaid premises. 4. That the sewer 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 that certain first mortgage in favor of SHELDON RUBIN, dated December 12, 1996, and recorded December 13, 1996, in Official Records Book 2128, at Page 129, of the Public Records of Collier County, Florida, and Assignment of Leases dated December 12, 1996, and recorded December 13, 1996, in Official Records Book 2128, at Page 157, of the Public Records of Collier County, Florida, and is subject to UCC-1 financing statements filed in Official Records Book 2128, at Page 165, of the Public Records of Collier County, Florida, and with the Office of the Florida Secretary of State, File No. 950000251456. 5. Trustee, as and on behalf of the beneficial owners of the Trust, and as the legal owner of the subject sewer utility facilities, for valuable consideration does 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 sewer utility facilities. 6. The sewer utility facilities referred to herein are located within the real property described in the attached Exhibit "A" attached hereto and incorporated herein. J. Dudley Goodlette, as Trustee C:\KRl\Steiner\Collier. OwnerAff (Page 1 of 2) This Instrument Prepared By: Kenneth R. Johnson, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 STATE OF FLORIDA COUNTY OF COLLIER SWORN TO AND SUBSCRIBED before me on this 18th day of February, 1997, by J. DUDLEY GOODLETTE, as Trustee, who is personally known to me. Notary Public .i State of Florida at Large My Commission Expires: (Notary Seal) OFFICIAL NOTARY SEAL CAROL J ANDREWS NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC429000 MY COMMISSION EXP. DEC. 22,1998 C :\KRJ\Steiner\Collier. OwnerAff (Page 2 of 2) LEGAL DESCRIPTION KENSINGTON PARK PHASE THREE-B SANITARY SEWER EASEMENT ALL TRACT R OF KENSINGTON PARK PHASE THKEE-B AS RECORDED IN PLAT BOOK 2fi~ , PAGES fi' THROUGH ~ _j INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIEK COUNTY, FLORIDA. EXHIBIT "A" PAGE 1 OF 3 KENSINGTON PARK, PHASE THREE-B LEGAL DESCRIPTION 30'x30' SEWER MAIN EASEMENT A thirty feet by thirty feet Collier County Utility Easement (C.U.E.) located m Tract '~3C l"of Kenaington Park, Pha~e One, as recorded m Plat Book 21, Pages 62 through 67 of the Public Records of Collier County, Florida, more particularly described as follows: Commence at the Southeast comer of Tract 'DC 1'; Kensington Park, Phase One, aa recorded in Plat Book 21, Pages 62 through 67 of the Public Records of Collier County, Florida, point being on a curve concave Southeasterly; thence mn 82.71 feet along the arc of said curve having a radius of 115.00 feet; an included angle of 41012'32'', a chord of 80.94 feet, and a chord bearing of S69°13'57'W to a point of tangency; thence run S48°37'4 I'W for 103.47 feet to a point of curvature of a curve concave Northwesterly; thence run 39.56 feet along the arc of said curve having a radius of 55.00 feet; an included angle of 41012'32'', a chord of 38.71 feet, and a chord bearing of S69°13'57'W to a point of tangency; thence mn S89°50'13'W for 54.21 feet to the POINT OF BEGINNING; Thence run N00°09'47'W for 30.00 feet; thence run S89°50'13'W for 30.00 feet; thence run S00°09'47'E for 30.00 feet; thence run N89°50'13'E for 30.00 feet to the POINT OF BEGINNING, containing 900 square feet, more or less. Prepared By: Florida Registration No. 1543 McAnly Engineering and Design, Inc. 5101 Tamiami Trail East, Suite 202 Naples, FL 34113 E~IBIT "A" PAGE 2 OF 3 KENSINGTON PARK PHASE LEGAL DESCRIPTION 30'x30' C.U.E. THREE-B 6O POINT OF BEGINNING GRAPHIC SCALE 0 30 60 ( ~1 FEET ) 1 Inch = 60 ft. L4 LINE TABLE LINE ] DIRECTION t DISTANCE L1 S89'50'1.3"W 54.21' L2 NO0'09'47"W 30.00' L3 S89'50'13"W 30.00' L4 S00'09'47"E 30.00' LS N89'50'13"E 30.00' "GCi" POINI' OF COMMENCEMENT SE CORNER TRACT "GCI", KENSINGTON PARK, PHASE ONE, PLAT BOOK 21, PAGES 62-67 CURVE TABLE DELTA CURVE I RADIUS I LENGTH I CHORD I BEARING I C1 11.5.00' 82.71' 80.94' S69't 3'57"W 41'12'32" C2 55.00' .39.56' 38.71' S69'13'57"W 41'12'32" TONI STEINER KENSINGTON PARK PHASE 38 TWP 49S; RNC 25~; COLLIIBR COUNTY, FL nTL£: LEOAL DESCRIPTION 30'x30' C.U.F_ $CA1.£: t'.601 DWN.: J.*.H.ICHK.; i. CmMIOAT[: I t/14/96-12: 02:47 tlMcANLY ENGINEERING £NCINEERINC. PI. ANNINC. LANO SURVEYING; ~ ~ ~ AND LA~SC~E ARCHI~C~E ~ ~ ~ 5101 T~I mA~ EAST. SUITE 202 ~~ N~S, FL~IOA 3~113 ~~ F~HIBIT "A" PAGE 3 OF 3 ATTORNEY'S AFFIDAVIT OF TITLE STATE OF FLORIDA COUNTY OF COLLIER ON THIS 8th day of August, 1997, before me, an officer duly authorized to take acknowledgments, personally appeared KENNETH R. JOHNSON, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is c/o Goodlette, Coleman & Johnson, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Florida 34103, (941) 435-3535 (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 District to accept the dedication or conveyance of the sewer utilities 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 J. DUDLEY GOODLETTE, AS TRUSTEE, (hereinafter the "Trustee" or "Owner"). The Trustee acquired his record interest by Trustee's Deed dated November 11, 1996, and recorded November 12, 1996, in Official Records Book 2249, at Page 1270, of the Public Records of Collier County, Florida (copy attached). 4. The Affiant has reviewed the trust agreement under which Owner serves as Trustee and certifies that the Trust is current and active under the laws of the State of Florida, that the Trust is currently authorized to do business in the State of Florida, and that the Trustee is authorized to execute instruments on behalf of the Trust as its sole Trustee, in conjunction with the conveyance of the subject real and personal property. 5. The interest of the Owner in the real and personal property described herein is encumbered by that certain first mortgage in favor of SHELDON RUBIN (the "Original Mortgagee"), dated December 12, 1996, and recorded December 13, 1996, in Official Records Book 2128, at Page 129, of the Public Records of Collier County, Florida, and Assignment of Leases dated December 12, 1996, and recorded December 13, 1996, in Official Records Book 2128, at Page 157, of the Public Records of Collier County, Florida, and is subject to UCC-1 financing statements filed in Official Records Book 2128, at Page 165, of the Public Records of Collier County, Florida, and with the Office of the Florida Secretary of State, File No. 950000251456, as modified by Notice of Future Advance dated February 26, 1997 and recorded March 5, 1997 in Official Records Book 2291, at Page 0267 and as further modified by Mortgage Modification dated February 26, 1997 and recorded March 5, 1997 in Official Records Book 2291, at Page 0270 and Assignment of Rents dated February 26, 1997 and recorded March 5, 1997 in Official Records Book 2291, at Page 0275 all of which were assigned to Barnett Bank, N.A. (the "Current Mortgagee"), by Assignment of Mortgage dated February 27, 1997 and recorded in Official Records Book 2291, at Page 0279 of the Public Records of Collier County, Florida; provided however, the rights of Original Mortgagee and Current Mortgagee are C :\KRJ\Utility\Steiner\Collier. AttorneyAffidavit (Page 1 of 2) subordinate and inferior to the rights 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 by virtue of that certain Utility Facilities Subordination, Consent and Joinder Agreement dated February 18, 1997 and recorded March 5, 1997, in Official Records Book 2291, at Page 0259, of the Public Records of Collier County, Florida. 6. Affiant further states that the information comained in this Affidavit is true, correct and current as of the date this Affidavit is given. SWORN TO AND SUBSCRIBED before me on this 12th day of August, 1997, by KENNETH R. JOHNSON, who is personally known to me. ~gt~te off, da at L~rge My Commission Expires: (Notary Seal) jENNIFER I. UINICK My Cornm~'~ion 00395653 Exl~lres Jul. 26, 1998 Bonded by ~ 600452-5~78 C :\KRJ\Utility\Steiner\Collier. AttorneyAffidavit (Page 2 of 2) LEGAL DESCRIPTION KENSINGTON PARK PHASE THREF,-B SANITARY SEWER EASEMENT ALL TRACT R OF KENSINGTON PARK PHASE THREE-B AS RECORDED IN PLAT BOOK 2~ , PAGES ~ THROUGH /5 , INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "A" PAGE 1 OF 3 KENSINGTON PARK, PHASE TItREE-B LEGAL DESCRIPTION 30'x30' SEWER MAIN EASEMENT A thirty feet by thirty feet Collier County Utility Easement (C.U.E.) located in Tract 'GCl"of Kensington Park, Phase One, as recorded in Plat Book 2 I, Pages 62 through 67 of the Public Records of Collier County, Florida, more particularly described as follows: Commence at the Southeast comer of Tract 'GC 1", Kensington Park, Phase One, as recorded in Plat Book 21, Pages 62 through 67 of the Public Records of Collier County, Florida, point being on a curve concave Southeasterly; thence run 82.71 feet along the arc of said curve having a radius of 115.00 feet; an included angle of 41°12'32'', a chord of 80.94 feet, and a chord bearing of S69°13'57'W to a point of tangency; thence run S48°37'4 I'W for 103.47 feet to a point of curvature of a curve concave Northwesterly; thence nm 39.56 feet along the arc of said curve having a radius of 55.00 feet; an included angle of 41012'32'', a chord of 38.71 feet, and a chord bearing of S69°13'57'W to a point of tangency; thence run S89°50'13'W for 54.21 feet to the POINT OF BEGINNING; Thence run N00°09'47'W for 30.00 feet; thence run S89°50'13'W for 30.00 feet; thence run S00°09'47'E for 30.00 feet; thence run N89°50'I3'E for 30.00 feet to the POINT OF BEGINNING, containing 900 square feet, more or less. Prepared By: Florida Registration No. 1543 MeAnly Engineering and Design, Inc. 5101 Tamiami Trail East, Suite 202 Naples, FL 34113 RYHIBIT "A" PAGE 2 OF 3 KENSINGTON PARK PHASE LEGAL DESCRIPTION 30'x30' C.U.E. THREE-B 6O POINT L4 LINE TABLE LINEI DIRECTION I DISTANCE L1 S89'50'13"W 54.21' L2 NOO'O9'47"W 30.00' L3 S89'50'13"W 30.00' L4 S00'09'47"E 30.00' L5 N89'50'13"E 30.00' OF BEGINNING L2 GRAPHIC SCALE 0 30 60 ( mN FEET ) 1 Inch = 60 fL POINT OF COMMENCEMENT SE CORNER TRACT "GCI" KENSINGTON PARK, PHASE ONE, PLAT BOOK 21, PAGES 62-67 CURVE TABLE CURVE I RADIUS I LENGTH I CHORD I BEARING C1 11.5.00' 82.71' 80.94' S69'13'57"W C2 5.5.00' .39.56' .38.71' S69'13'57"W DELTA ,,1 '12'52" 41'12'52" TOti STEINER ~OJ~CT: KENS~IGTON PARK PHASE 38 S 13 TlR~ 49S; RNG 25E; COLMER COUNTY. FL nrLE: LEGAL DESCR~TION 30'x30' C.U.F_ 4/96-12'02:4.7 K[N~P~A IS\CUE. d~g McANLY ENGINEERING AND DESIGN INC. ENCINEERINC, PLANNINC. LANO ~URVEYtNC ANO LANDSCAPE: ARCHII~:CTURE 5101 T.adMl/ddt I'RA[ EAST. ~ITE 202 N APL£S, IrLO~lOA 34113 (941) 775-0723 FAX (941) IIi' COPYI~IGHT. 1996 BY McANLY ENG~%IEER~IG AND DESIGN, INC. ALL RIC, HTS RE.S~:RVED R~IBIT "A" PAGE 3 OF 3 RE~I~ONS PROJ[CT: 901205.3 SHE£ I; 2155242 OR: 2291 PG: 0267 0E',0 2600000.00 GOODLETTE CULligAN ET AL RECORDED in the OFHCIAL RECORDS of COLLIER COUNTY, FL OBLI 2600000.00 {001 T~AIAMI TR }4 ~300 03/0)/97 at 03:59PM DWIGHT E, BROCK, CLERK RIsC PEK 15.00 NAPLES Fl, 34103 DOC-.35 9100.00 IN?-.O02 5200.00 NOTICE OF FUTURE ADVANCE THIS AGREEMENT made and entered into on this day of February, 1997, by and b~twcen J. DUDLEY GOODLETIE, AS TRUSTEE, AND NOT INDIVIDUALLY, (the "Borrower") and SHELDON RUBIN, AS TRUSTEE ("Lender"). WITNESSETH: A.. Borrower is the successor in interest to JOHN N. BRUGGER, AS TRUSTEE (the "Original Borrower"), by virtue of that certain Trustee's Deed executed by Original Borrow,.:r, G:antor, in favor of Borrower, as Grantee, dated November I 1, 1996, and recorded November 12, 1996, !p. Official Records Book 2249, at Pag, 1270, of the Public Records of Collier C,.~unty, Florida. B. Original Borrower is currently indebted to Lender in the principal amount of FIVE MILLION ONE HUNDRED THIRTY-NINE THOUSAND ~OUR HUNDRED THIRTY-SIX AND 81/100 DOLLARS ($5,139,436.81) which indebtedness is evidenced by that certain Promissory Note duted December 12, 1995 in the original principal amount of FIVE MILLION NINE HUNDRED TWENTY T:t©USAND AND NO/100 DOLLARS ($5,920,000.00) (the "Original Note") and secured by that certain Mortgage and Security Agreement dated December 12, 1995, and-recorded December ! 3, 1995 in Official Records Book 2128, at Page 0129, of the Public Records of Collier County, Florida (the "Mortgage") which Mortgage currently er..zumbers property located in said County and State as more particu!arly described therein (the "Property"). C. Borrower has requested that a future advance in the amount of TWO MILL!ON Slr.'E_ HUNDRED THOUSAND ANT} NO/100 DOLLARS ($2,600,000.00) be made by Lender to Borrower ~c be secured bY the N:o.."t. gage as a futur~ advance thereunaer thereof (the "Future Advance"). D Le. pder is willing to make the Future Advance subject to the terms hereof. NOW, THEREFORE, in consideration of the premises and the sum of TEN DOLLARS AND NO/100 ($10.00) and other good and valuable considerations, the receipt and sufficiency whereof is ~.. her.~: ac 'kr/owledged, Borrower and .;. ender hereby agree as follows: 1. Borrower, concurrently with the execution of this instrument has executed a promissory note in the o~ginal principal amount of TWO MU.LION SIX HUNDRED THOUSAND AND NO/100 DOLLARS ($2,600,000.00)(the "Future Advance Note") in favor of Lender to evidence the Future Advance. Borrower hereby acknowledges that the proceeds of such Future Advance Note, when advanced, and any renewals or extensions thereof, will be secured as a future advance under the Mortgage. C :\KRJ\Rubin\Fum reAdvance (Page I of 3) This Instrument Prepared By: Kenneth R. Johnson, Esq. Goodlette Coleman & Johnson, P.A. 4001Tamiami Trail North. Suite 300 Naples, FL 33940 2. Any default by Borrower under the Future Advance Note shall instantly constitute a default under the Mortgage and all other indebtedness secured thereby, which shall entitle Lender to exercise any and all remedies available under the Mortgage by reason of a default. 3. Borrower hereby confirms to Lender that the Mortgage constitutes a valid and subsisting first lien on the Property and is enforceable in accordance with its terms without offset, defense or counter-claim all of which, if any, have heretofore existed are hereby waived. 4. This instrument is executed by J. DUDLEY GOODLETTE, not personally but as Trustee, in the exercise of the power and authority conferred upon and vested in him as rrustee, and it is expressly understood and agreed by the Lender herein and by every person now or hereafter claiming any right or security under the Mortgage or hereunder, that nothing contained herein or in the Note secured by the Mortgage shall be construed as creating any liability on J. DUDLEY GOODLETTE, individually or on any of the beneficiaries under the trust agreement peisonally to pay said Note or any interest that may accrue thereon, or any indebtedness accruing under the Mortgage or hereunder or to perform any covenants either express or implied herein contained, all such liability, if any, being expressly waived, and that any recovery on the Mortgage or hereunder and the Note shall be solely against and out of the Property encumbered by the Mortgage and by enforcement of the provisions thereof and of said Note, but this waiver shall Jn no way affect the personal liability of any cosigner, endorser or guarantor of said Note. IN WITNESS WHEREOF, the parties have caused this instrument to be duly executed as of the day and year first above written. Signed, Sealed and Delivered in the Presence of: Print Name: Print Name: C: \K1U~.ubin\FumreAdvanc¢ J. DUDLEY GOODLETTE, AS TRUSTEE AND NOT INDIVIDUALLY ('' ~"NDER: //~ (Page 2 of 3) STATE OF FLORIDA COUNTY OF COLLIER ACKNOWLEDGED before me on this GOODLETTE, AS TRUSTEE, ( driver's license as identification. day of February, 1997, by J. DUDLEY who is personally known to me or (__) who produced his State of Florida at Large My Commission Expires: STATE OF FLORIDA COUNTY OF 1 G._3 ,-/~ (Notary Seal) y~ KENNETH R. JOHNSON k ...... y.~ - ~o. CC 3570.4~°~ ACKNOWLEDGED before me on this ~>'9' day of February, 1997, by SHELDON RUBIN, AS TRUSTEE, ("~) who is personally known to me or (__) who produced his driver's license as identification. Notary Public Print Name: State of Florida at Large My Commission Expires: (Notary Seal) I{;'~ ~ 'lc= uv cm~s~trn,', ~ ~sol ' ,~,~ * ~ ~m N~ ~.,c ~m~! C:XKRJ\Rubin\FutureAdvance (Page 3 of 3) MORTGAGE MODIFICATION AGREEMENT THIS AGREEMENT made and entered into on this 2:'d,~ day of February, 1997, by and between J. DUDLEY GOODLETrE, AS TRUSTEE, AND NOT INDIVIDUALLY, (the "Borrower") and SHELDON RUBIN, AS TRUSTEE ("Lender"). WITNESSETH: A. Borrower is the successor in interest to JOHN N. BRUGGER, AS TRUSTEE (the "Original Borrower"), by virtue of that certain Trustee's Deed executed by Original Borrower, as Grantor, in favor of Borrower, as Grantee, dated November 11, 1996, and recorded November 12, 1996, in Official Records Book 2249, at Page 1270, of the Public Records of Collier County, Florida. B. Original Borrower is currently indebted to Lender in the principal amount of FIVE MILLION ONE HUNDRED THIRTY-NINE THOUSAND FOUR HUNDRED THIRTY-SIX AND 81/100 DOLLARS ($5,139,436.81) which indebtedness is evidenced ~y that certain Promissory Note dated December 12, 1995 in the original principal amount of FIVE MILLION NINE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($5,920,000.00) (the "Original Note") and secured by t_hat ce-.a, in Mortgage and Security Agreement dated December 12, 1995, and recorded December 13. i995 :.,'~ Official Records Book 2128, at Page 0129, of the Public Records of Collier County, F:.oricta (the "Original Mortgage") which Original Mortgage currently encumbers property located ;,n .-.'aid County ant, State as more particularly described therein (the "Property"). C. Simultaneously herewith Borrower has received a future advance in the amount of TWO MILLION SIX HUNDRED THOUSAND AND NO/100 DOLLARS ($2,600,000.00) from Lender which is secured by the Mortgage as a future advance thereunder thereof (the "Future Advance") (Informational Note: The Original Mortgage as modified by the Future Advance is sometimes hereinafter collectively referred to as the "Mortgage"), thereby bringing the total outstanding principal balance secured by the Mortgage to SEVEN MILLION SEVEN HUNDRED THIRTY-NINE THOUSAND FOUR HUNDRED THIRTY-SIX AND 81/100 DOLLARS ($7,739,436.81). D. Borrower and Lender desire to modify the release provisions of the Mortgage and Lender, is willing to make such modifications subject to the terms hereof. NOW, THEREFORE, in consideration of the premises and the sum of TEN DOLLARS AND NO/100 ($10.00) and other good and valuable considerations, the receipt and sufficiency whereof is hereby acknowledged, Borrower and Lender hereby agree as follows: The foregoing recitals are true hnd correct. This Instrument Prepared By: Kenneth R. Johnson, Esq. Goodlette Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 33940 C :\KRJ\Rubin\MortgageModification2 (Page I of 4) 2. Lender acknowledges that Lots I through 24, Block "F" KENSINGTON PARK, as depicted on the original site plan .for Kensington and located within that portion of the Property legally described on Exhibit "A" attached hereto and made a part hereof by reference, are under contract to be sold by Borrower. Said property is also being re-platted as Phase 3B, Kensington Park. Accordingly, Lender agrees to release the lien of the Mortgage from such Lots at the time of the closing of such sale without payment of any release fee and Paragraph 1.12 of the Original Mortgage is hereby amended accordingly. o Borrower: Lender acknowledges that the following lots are also under contract to be sold by Lots 17 through 2.3, and Lots 7 through 15, Block C, KENSINGTON PARK, PHASE TWO, according to the plat thereof recorded in Plat Book 25, at Pages 82 and 83, of the Public Records of Collier County, Florida (the "Hampton Row Lots"). The foregoing Hampton Row Lots are in the process of being re-configured and re-platted into a total of FIFTEEN (15) lots and Lender agrees that EACH such re-configured Lot shall be released for the sum of FIFTY-SIX THOUSAND SIX HUNDRED SIXTY-SIX AND 67/100 DOLLARS ($56,666.67) and Paragraph 1.12 of the Original Mortgage is hereby amended accordingly [i.e., the FIFTEEN (15) re-configured lots will be released for a TOTAL of EIGHT HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($850,000.00)]. 4. Lender acknowledges that the following lots are also under contract or option to be sold by Borrower: Lots 7 through 15, Block A, KENSINGTON PARK, PHASE ONE, according to the plat thereof recorded in Plat Book 21, at Pages 62 through 67, inclusive, of the Public Records of Collier County, Florida; and l.,ots i through 7, Block D, KENSINGTON PARK, PHASE TWO, according to tl-.e plat thereof recorded in P..lat Book 25, at Pages 82 and 83, of the Public Records of Collier County, Florida (the "Royal Crescent Lots") The foregoing Royal Crescent Lots are in the process of being re-configured and re-platted into a total of FIFTEEN (15) to EIGHTEEN (18) residential units and Lender agrees that notwithstanding such reconfiguration, the release fee for all of the Block A, Royal Crescent Lots shall be FOUR HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($450,000.00) and the release fee for all of the Block D, Royal Crescent Lots shall be THREE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($350,000.00) and Paragraph 1.12 of the Original Mortgage is hereby amended accordingly. 5. Borrower hereby confirms to Lender that the Mortgage, as further modified hereby, constitutes a valid and subsisting first lien on the Property and is enforceable in accordance with its terms without offset, defense or counter-claim all of which, if any, have heretofore existed are hereby waived. C:\KRJ\Rubin\MortgageModification2 (Page 2 of 4) 6. This instrument is executed by J. DUDLEY GOODLETTE, not personally but as Trustee, in the exercise of the power and authority conferred upon and vested in him as Trustee, and it is expressly understood and agreed by the Lender herein and by every person now or hereafter claiming any right or security under the Mortgage or hereunder, that nothing contained herein or in the Note secured by the Mortgage shall be construed as creating any liability on J. DUDLEY GOODLETTE, individually or on any of the beneficiaries under the trust agreement personally to pay said Note or any interest that may accrue thereon, or any indebtedness accruing under the Mortgage or hereunder or to perform any covenants either express or implied herein contained, all such liability, if any, being expressly waived, and that any recovery on the Mortgage or hereunder and the Note shall be solely against and out of the Property encumbered by the Mortgage and by enforcement of the provisions thereof and of said Note, but this waiver shall in no way affect the personal liability of any cosign, er, endorser or guarantor of said Note. IN WITNESS WHEREOF, the parties have caused this instrument to be duly executed as of the day and year first above written. Signed, Sealed and Delivered in the Presence of: J. DUDLEY GOODLEWrE,'AS TRUSTEE AND NOT INDIVIDUALLY : · SHELDON RUBIN, AS TRUSTEE C:\KRJ\Rubin\MongageModification2 (Page 3 of 4) STATE OF FLORIDA COUNTY OF COLLIER ACKNOWLEDGED before me on this GOODLETTE, AS TRUSTEE, ( driver's license as identification. °~day of February, 1997, by J. DUDLEY __) who is personally known to me or ( ) who produced his State of Florida at Large My Commission Expires: STATE OF FLORIDA COUNTY OF ~ c;~ (Notary Seal) 1KENNETH R. JOHNSON My Comm Exp. 4/16/98 Bonded Thru General Ihs. /no. CC 357094 *fPer$onall7 £m:a~ I IOther 1.0. ACKNOWLEDGED before me on this'--)') -day of February, 2997, by SHELDON RUBIN, AS TRUSTEE, ( .-'~who is personally known to me or (~.) who produced his driver's liceme as identification. N'ot~ry PubliE Print Name: State of Florida at Large My Commission Expires: C :\K1Ll\Rubin\Mong ageModification2 (Page 4 of 4) 02-21-1997 12:lSPM FROM McANLY ENGINEERING & DESI TO LEGAL DESCRipTIoN' PAR~ PI~,A~" ON£ AS ~ IN PLA T ~ ~ ~J~ F~ 4t~ ~' ~ RUN ~ HA~G AJRA~US ~ ~ ~ AN IN~ l~i~ ~ AN ~ ~ ~ 4172~2, .A ~ ~ ~.94 ~1, A~ a UNE ~ y~"4~ ~ ~y ~"4~ AL~ ~ ~f F~ ~. ~ RUN ~'4~E F~ ~.~ ~ [0 ~ ~NT ~ ~N~NG~ ~rA/N~VC~ n.~ A~S ~E ~ ~ TOTAL P. 02 Retn: 4001 T~IA~I TR N t300 NAPLES ~L 34103 2155244 OR: 2291 PG: 0275 RECORDED in the O~HCIAL RECOIU)$ of COLLIER COUNTY, 03/05/97 at ~3:59PM DWIGH? N, BROCK, CLER~ ~c FBE 1~.50 ASSIGNMENT OF RENTS, LEASES, SALES CONTRACTS AND PROFITS KNOW ALL MEN BY THESE PRESENTS, that whereas SHELDON W. RUBIN, AS TRUSTEE (the "Assignee") is the owner and holder of that certain Promissory Note (Consolidated) (the "Note") in the original principal amount of SEVEN MILLION SEVEN HUNDRED TFIIRTY-NINE THOUSAND FOUR HUNDRED THIRTY-SIX AND 81/100 DOLLARS ($7,739,436.81) executed and delivered by J. DUDLEY GOODLETTE, AS TRUSTEE (the "Assignor"), which Note is secured by, among other things, that certain Mortgage and Security Agreement dated December 12, 1995, and recorded December 13, 1995 in Official Records Book 212_8, at Page 0129. of the Public Records of Collier County, Florida, as modified by Notice cf- Future Advance dated of even date herewith (collectively, the 'Mortgage")encumbering certain real property located in Collier County, Florida, as more particularly described in therein (the "Property"). WHEREAS, the Assignor desires further to secure to the Assignee the full and complete performance of each of the covenants, agreements and promises contained in the Note and the Mortgage and under any loan or security instn:ments given by the Assignor to the Assignee as security for the indebtedness evidenced by the Note; NOW, THEREFORE, in consideration of the premises, and of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid to the Assignor by the Assignee, the receipt and sufficiency of which is hereby acknowledged by the Assignor, the Assignor does hereby assign, transfer and set over unto the Assignee, its successors and assigns, all of the Assignor's right, title and interest (i) under any leases now or hereafter existing in and to the Property, (ii) in all rents, issues and profits now or hereafter to become due and derived- from such Property., (iii) under any contracts for the sale of all or any portion of the Property, whether to the public or otherwise, and (iv) in all profits now or hereafter to become due and derived from the Property, until all indebtedness evidenced by the Note and secured by the Mortgage shall have been paid and satisfied or until the Assignor shall be entitled to possession of the Property by order of a .court of competent jurisdiction or by operation of law, such assignment to be subject to the following terms and conditions: 1. Until an "Event of Default," as such term is defined in the Note, shall have occurred in the performance of any of the agreements, covenants and promises contained in the Note, the Mortgage or any of the Loan Documents, the Assignor may continue to retain possession of the Property and collect the rents, issues, sales proceeds and profits therefrom. Upon occurrence of any such Event of Default, the Assignor shall deliver to the Assignee all lease(s) and sales C:\KRJ\Rubin\AOL This Instrument Prepared By: (Page 1 of 4) Kenneth R. Johnson, Esq. Goodlette Coleman & Johnson, P.A. 4001 Tamiami Trail North Suite 300 Naples. FL 34103 OR: 2291 PG: 0276 contract(s) pertaining to the Property, or any portion thereof. This Assignment of Rents shall be an assignment of all such renB, leases, sales contracts and profits by the Assignor to the Assignee and the Assignor agrees to execute and deliver to the holder of the Note and the Mortgage any further assignment(s) necessary to perfect the transfer of same to the Assignee. The Assignor agrees to furnish to the Assignee duplicate originals of all leases, rental agreements, licenses, sales contracts and other documents in connection with income from the property promptly upon the execution hereof and the failure of the Assignor to do so shall be an Event of Default hereunder and under the Note. The Assignor agrees that in connection with any such documents, the Assignor will: A. Not permit or accept prepayment of rent or other income more than one month in advance. Bo Hold all security deposits, earnest money deposits, sales proceeds and profits in a separate account and a security interest therein is hereby granted to the Assignee. Not grant any concessions, forgiveness, forbearance or other relief fi'om the obligations to pay money without the Assignee's prior written consent. Not terminate or reduce the term of er amount of rent, sales proceeds or other payment due thereun~,.r without the Assignee s prior written consent. E. Not breach, cause or suffer a breach of any such agreement or document. Violation of the foregoing covenants shall constitute an Event of Default hereunder and under the Note. 2. All sums collected and received by the Assignee out of the rents, sales proceeds, issues and profits of the Prope ~n-y shall first be applied by it to the payment of the costs of collection thereof, the cost of management, repairs and upkeep of the Property, including the purchase of such additional fLxtures and equipment as the Assignee in its sole discretion deems reasonably necessary for the maintenance of a proper rental value of the Property, all taxes, assessments, premiums for public liability insurance and insurance payable by the Assignor or other owner of the Property as provided in the Mortgage, and any taxes imposed upon or collectible by the Assignee under any federal or state law or any law or ordinance enacted by any political subdivision thereof, or any supplements or amendments thereto; provided, however, that such tax shall be based upon the employment by the Assignee of persons necessary to the operation of the Property under this Assignment. Second, the balance, if any, which shall be known as "the net income," shall be applied first to interest due and then toward reduction of the principal indebtedness evidenced by the Note and secured by the Mortgage; provided, however, that no credit shall be given by the Assignee for the sum or sums received from the rents, issues and C:\KRJ\RubinL6.OL ~~ (Page 2 of 4) profits of the Property until the money collected is actually received by the Assignee, and no credit shall be given for any uncollected rents or other uncollected amounts or bills, nor shall credit on the Mortgage indebtedness be given for any rems, issues or profits derived from the Property after the Assignee shall obtain legal title to the Property by order of a court of competent jurisdiction or by mutual agreement of the parties. 3. The Assignee may, after occurrence of an Event of Default as above provided, from time to time appoint and dismiss such agents or employees as shall be necessary for the collection of rents, issues and profits and for the proper care and operation of the Property, and the Assignor hereby grants to such agents or employees so appointed full and irrevocable authority for the Assignor's benefit to manage the Property and to do all acts relating to such management, including among other things, the making of new leases or sales contracts in the name of the Assignor or other owner or otherwise, the alteration or amendment of existing leases or sales contracts, the authorization of repairs or .replacements to maintain the building or buildings and chattels situated upon the Property in good and tenantable condition and the making of such alterations or improvements as, in the judgment of the Assignee, may be necessary to maintain or increase the income from the Property. The Assignee shall have the sole control of such agents or employees whose remuneration shall be paid out of the rents, issues and profits as hereinbefore provided at the rate of compensation accepted in the community wherein the Property is situated unless otherwise specified, and the Assignor hereby exl:ressly releases the Assignee of any liability to the Assignor for the acts of such agents so long as they exercise reasonable care and agree that the Assignee shall not be liable for its neglect or for monies that may come into its hands unless actually received by the Assignee. 4. The Assignor agrees that nothing in this Assignment shall be construed to limit or restrict in any way the right and powers granted to the Assignee in the Mortgage or other Loan Documents to evidence or further secure payment of the Note and the rights herein shall be in addition thereto. The collection and application of the rents, sales proceeds, issues and profits to the Mortgage indebtedness or as otherwise above provicied shall not constitute a waiver of any default which might at the time of application or thereafter exist under the Note, the Mortgage or any of the other Loan Documents, and the 'payment of the indebtedness evidenced by the Note and secured by the Mortgage may be accelerated in accordance with their terms, notwithstanding such application. 5. This Assignment of Rents, Leases, Sales Contracts and Profits shall inure to the benefit of the Assignee and its successors and assigns and shall be binding upon the successors and assigns of the Assignor. 6. This instrument is executed by J. DUDLEY GOODLETTE, not personally but as Trustee, in the exercise of the power and authority conferred upon and vested in him as Trustee, and it is expressly understood and agreed by the Assignee herein and by every person now or hereafter claiming any right or security hereunder that nothing contained herein or in the Note secured by this instrument shall be construed as creating any liability on J. DUDLEY GOODLETTE or on any of the beneficiaries under said trust agreement personally to pay said Note or any interest that may accrue thereon, or any indebtedness-accruing hereunder or to perform any covenants either express or implied herein contained, C:\KRJ\Rubin\AOL ~ (Page 3 of 4) OR: 2291 PG: 0278 all such liability, if any, being expressly waived, and that any recovery on this Assignment and the Note secured hereby shall be solely against and out of the collateral assigned hereby and by enforcement of the provisions hereof and of said Note, but this waiver shall in no way affect the personal liability of any cosigner, endorser or guarantor of said Note. 7. This Assignment is given to supplement that certain Assignment of Rents, Leases, Sales Contracts and Profits dated December 12, 1995, and recorded December 13, 1995 in Official Records Book 2128, at Page 0157, of the Public Records of Collier County, Florida. IN WITNESS WHEREOF, the Assignor has duly executed and delivered this Assignment of Rents, Leases, Sales Contracts and Profits on this ~6?day of February, 1997. , Signed, Sealed and Delivered in the Presence of: J. DUDLEY GOODLETTE, AS TRUSTEE AND NOT INDIVIDUALLY STATE OF FLORIDA COUNTY OF COLLIER ACKNOWLEDGED before me on this ~"~'-- day of February, 1997, by J. DUDLEY GOODLETTE, AS TRUSTEE, (~".) who is personally known to me or (~) who produced his driver's license as identification. State of Florida at Large My Commission Expires: C:\KRJ\RubinL4,OL (Page 4 of 4) (Notary Seal) KENNETH R. JOHNSON My Corem Exp. 4/16/98 Bonded Thru General Ins. No. CC 357094 · ~ersonally Itno,,~ I )other l.O. THIS INSTRUMENT PREPARED BY: JOHN F. FLANIGAN, ESQUIRE MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.A. POST OFFICE BOX 3888 WEST PALM BEACH, FL 33402 2155245 OR: 2291 PG: 0279 RECORDED in OFFICIAL RECORDS Of COLLIER COUP?Y, FL 03/05/97 at 03:59~M DWlG~? ~. BROCK, C~RK Retn: ASSIGNMENT OF MORTGAGE, NOTE, ADDLTI_O_5IAL_LOAN_D_O_CUME~~ COLLATERALD_O_CUMEbITS ' THIS ASSIGNMENT by and between SHELDON W. RUBIN, as Trustee, and SHELDON W. RUBIN, Individually ("ASSIGNOR"), and BARNETT BANK, N.A., a national association ("ASSIGNEE"). WHEREAS, ASSIGNOR, Sheldon W. Rubin, as Trustee, is the mortgagee and current holder and owner of that certain Mortgage and Security Agreement (First Mortgage) dated December 12, 1995, from JOHN N. BRUGGER, Individually and as Trustee ("MORTGAGOR") to ASSIGNOR, which Mortgage was recorded on December 13, 1995 in Official Records Book 2128, Page 129, as modified by Notice of Future Advance dated February 26, 1997 from J. Dudley Goodlette, as Trustee to Sheldon Rubin, as Trustee t_nd recorded in Official Records Book 0~1, Page 12(aQ, and as modified by Mortgage Modification Agreement dated February 26, 1997 £rom J. Dudley Goodlette, as Trustee to Sheldon P. ubin, as Trustee and recorded in Official Records Book~q [, Page ,-,q'9~ all of the Public Records of Collier County, Florida (collectively, "Mortgage"), upon the real property described in Exhibit "A" attached hereto. WHEREAS, ASSIGNOR, Sheldon W. Rubin, as Trustee, is: (a) the Assignee in that certain Assignment of Rents, Leases, Sales Contracts and Profits from Mortgagor dated December 12, 1995 and recorded December 13, 1995 in Official Records Book 2128, Page 157, Public Records of Collier County, Florida ("Assignment"); (b) the Secured Party in that certain UCC-1 Financing Statement wherein Mortgagor is the Debtor recorded December 13, 1995 in Official Records Book 2128, Page 165, PubIic Records of Collier County, Florida ("Local UCC-I"); (c) the Secured Party in that certain UCC-1 Financing Statement wherein Mortgagor is the Debtor filed December 18, 1995 in the office of the Secretary of State of the State of Florida with filing number 95-0000251456 ("State UCC-I"); (d) the Lender in that certain Unconditional and Continuing Guaranty dated December 12, 1995 wherein Anton Steiner is Guarantor ("Guaranty"); and G:~02280~5389\Assignmem of Mongage. wpd OR: 2291 PG: 0280 (e) the Lender in .that certain Security Agreement and Collateral Assignment of Plans and Specifications, Contracts and Country Club Equity Memberships dated December 12, 1995 wherein Mortgagor is Borrower ("Security Agreement/Collateral Assignment"). The documents described in (a) through (e) above are collectively referred to as the "Additional Loan Documents". The Mortgage, Additional Loan Documents and the "Collateral Documents" (hereinafter defined) secure that certain (i) Promissory Note dated December 12, 1995 in the original principal amount of $5,920,000.00 as modified and renewed by Promissory Note (Renewal) in the original principal amount of $5,139,436.81 ("Note") of which $5,139,436.81 remains outstanding, (ii) Promissory Note (Future Advance) dated Februar. y 26, 1997 in the original principal amount of $2,600,000.00 ("Future Advance Note") of which $2,600,000.00 remains outstanding and (iii) Promissory Note (Consolidated) dated February 26, 1997 in the original principal amount of $7,739,436.81 ("Consolidated Note") of which $7,739,436.81 remains outstanding, all outstanding balances are as of the date this Assignment has been executed by ASSIGNOR. The Note, the Future Advance Note and the Consolidated Note are herein collectively referred to herein as "Note". WHEREAS, it is the intent of ASSIGNOR to assign to ASSIGNEE the Note, the Mortgage, the Additional Loan Documents, and any and all other Collateral Documents executed in connection therewith. NOW, THEREFORE, in consideration of the sum of $10.00 and other good and valuable consideration in hand paid by ASSIGNEE to ASSIGNOR, the receipt whereof is hereby acknowledged, ASSIGNOR does hereby grant, bargain, sell, assign, transfer and set over to the ASSIGNEE the following: A. The Note. B. The Mortgage. C. The Additional Loan Documents. D. Any and all related and associated documents, evidencing, securing or pertaining to the mortgage loan represented by the aforementioned Note, Mortgage and Additional Loan Documents (collectively, the "Collateral Documents"). This Assignment is made upon the following terms and conditions: 1. This Assignment is absolute, unconditional and without recourse. 2. ASSIGNOR warrants to ASSIGNEE as follows: (i) the Note, Mortgage, Additional Loan Documents, and Collateral Documents G:\02280X5389~A~signment of Mortga~c.wpd 2 OR: 2291 PG: 0281 assigned hereby are owned and held by ASSIGNOR and have not been previously assigned or transferred to any party whomsoever; ASSIGNOR has full power and authority, corporate and otherwise, to enter into this Assignment and this Assignment does not violate the provisions of any contract, or agreement to which ASSIGNOR is a party; (ii) the Note, Mortgage, Additional Loan Documents, and Collateral Documents assigned hereby have not been satisfied, discharged, terminated, or amended other than those amendments hereinabove described; (iii) this Assignment is made for full value and consideration, ASSIGNEE. is not a creditor of ASSIGNOR, and ASSIGNOR has not filed, or had filed against it, any proceedings under the Bankruptcy Laws of the United States of America or under the bankruptcy, insolvency, or reorganization laws of any state seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or ils delS[s; (iv) ASSIGNOR does not hold any tax deposits, insurance deposits, or the proceeds of any insurance policies or condemnation actions relating to the loan evidenced by the Note; (v) ASSIGNOR has no knowledge of and has been given no notice of any deficiencies or penalties in the payment of Florida Documentary Stamp Taxes or Intangible Taxes relating to the Mortgage and Note, all Florida Documentary Stamp Taxes have been paid with regard to the Promissory Note (Consolidated) or any notice or knowledge of the failure to pay any taxes relating to the documents assigned hereby in any other jurisdiction: (vi) ASSIGNOR has not taken action curing any defaults under the Note, Mortgage, Additional Loan Documents, or Collateral Documents assigned hereby; and (vii) ASSIGNOR has no knowledge of any set-off, off-.set or counterclaims that any maker or guarantor of the Note may have against it. IN WITNESS WHEREOF the Parties hereto have hereunto s ~i-fi'eir hands and seals the day, month and year set forth below their respecti~-ex46u-~ons. // ~ ~ WITNESSES (TWO (2)REQUIRED):/ '/~ //~'~,~Stt~R:/.4.//h f [ ~ N~e:/~<0 0~/ ~ ~~~ ~ U~IN,/AS~kUSTEE Nme: G q g~ ~ ~,~ ~ELDON ~ RUBIN, INDIVIDUALLY As to Assignor ' Date: February ~, 1997 G:',.02280\5389\Assignmem of Mongag~ ~ 3 (1) Name: As to A~sigff~e ASSIGNEE: BARNETT BANK, N.A Its ~ ~. Vice President Date: February ~."/-, 1997 (CORPORATE SEAL OFBANK) :. : .,,. · STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this,--;~ r"'~y of February, 1997, by SHELDON W. RUBIN, Individually and as Trustee, who: '/*is personally known to me, OR ..... has produced as identification. (NOTARY STAMP) Notai'y Name~;~- Notary Public Serial (Commission) Number (if any) G:\02280X5389~,Assignment of Mongage. wpd 4 OR: 2291 PG: 0283 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~___~day of 199'/, by "T~t. tli~ ~"~In~ as Vice President of BARNETT BANK, N.A., a/national association, who: V/is personally known to me, OR __ has produced (NOTARY STAMP) as identification. o¢/y Noefiry Public Serial (Cornmission) Number (if any) ._ G: ~02280\5389\Assignment of Mortgage. wpd 5 EXHIBIT "A" IMPROVED PROPERTY: Lots 6. through 25, inclusive; lots 31, 32, 39, 40, 41 and 43, Block A,' KENSINGTON PARK PHASE ONE, according to the plat thereof recorded in Plat Book 21, Pages 62 to 67, inclusive, Public Records of Collier County, Florida. Lots 1 through 4, inclusive; lot 6; lots 9 through 17, inclusive; Lot 22; Lots 25 through 32, inclusive, Block B, KENSINGTON PARK PHASE ONE, according to the plat thereof recorded in Plat Book 21, Pages 6~. to 67, inclusive, Public Records of Collier County, Florida. Lots 2 through 6, inclusive, Block C, KENSINGTON PA['~ PHASE ONB, according to the plat thereof recorded in Plat. Book 21, Pages 62 to 67, inclusive, Public Records of Collier County, Florida. ~ Lots 11 through 36, inclusive, and 38 and 39, Block C, KENSINGTON PAR/~ PHASE TWO, according to the plat thereof recorded in Plat Book t25, Pages 82 and 83, Public Records of Collier County, Florida. Lots 1 through 7, inclusive, Block D, KENSINGTON PARK PHASE ONE, according to the plat thereof recorded in Plat Book 21, Pages 62 to 67, inclusive, Public Records of Collier County, Florida. Lots 1 through 28, inclusive, Block E, .KENSINGTON PARK PHASE TWO, acco~ing to the plat thereof recorded in Plat Book 25, Pages ~2 and 83, Public Records of Collier County, Florida. Tract F, KENSINGTON PARK PHASE ONE, according to the plat thereof recorded in Plat Book 21, Pages 62 to 67, inclusive, Public Records of Collier County, Florida. Tracts GC1, GC2, GC3 and GC4, KENSINGTON PARK PHASE ONE, according to the plat thereof recorded in Plat Book 21, Pages 62 to 67, inclusive, Public Records of Collier County, Florida. Tract 7, KENSINGTON PAP~K PHASE ONE, according to the plat thereof recorded in Plat Book 21, Pages 62 to 67, inclusive, Public Records of Collier County, Florida. Tract D, KENSINGTON PARK PHASE ONE, according to the plat thereof recorded in Plat Book 21, Pages 62 to 67, inclusive, Public Records of Collier County, Florida, LESS AlqD EXCEPT all the property described in Kensington Park, Phase Two according to the plat there recorded in Plat Book 25, Pages 82 and 83, Public Records of Collier County, Florida, A/qD LESS A/qD EXCEPT those parcels of land as described on Exhibit "B" pages 1 through 4, inclusive, attached hereto , · EXHIBIT "B" Page 1 of 4 THE FOLLOWING PROPERTY HAS BEEN RELEASED FROM THE LIEN OF THE MORTGAGE ' Lot 22, Block B, KENSINGTON PARK, PHASE TWO, according to the plat thereof recorded in Plat Book 25, Pages 82 and 83, Public Records of Collier County, Florida. Lot 9, Block B, KENSINGTON PARK, PHASE TWO, according to the plat thereof recorded in Plat Book 25, Pages 82 and 83, Public Records of Collier County, Florida. ' Lot 6, Block C, KENSINGTON PARK, PHASE TWO, according to the plat thereof recor~ted in Plat Book 25, Pages 82 and 83, Public Records of Collier County, Florida. Lot 28, Block E, KENSINGTON PARK, PHASE TWO, according to the plat thereof recorded in Plat Book 25, Pages 82 and 83, Public Records of Collier County, Florida. Lnt 3: Block C, KENSINGTON PARK, PHASE TWO, according to the plat thereof recorded in Plat Book 25, Pages 82 and 83, Public Records of Collier County, Florida. Lot 10, Block C KENSINGTON PARK PHASE TWO according to the plat thereof recorded in Plat Book 25, Pages 82 and 83, Public Records of Collier County, Florida. Lot 36, Block C, KENSINGTON PARK, PHASE TWO, according to the plat thereof recorded ~n Plat Book 25, Pages 82 and 83, Public Records of Collier County, Florida. Lot 13, Block C, KENSINGTON PARK, PHASE TWO, according to the plat thereof recorded ~n Plat Book 25, Pages 82 and 83, Public Records of Collier County, Florida. Lot 17, Block A, KENSINGTON PARK PHASE ONE according to the plat thereof recorded in Plat Book 21 Pages 62 to 67, inclusive~ Public Records of Collier County, Florida. Lot 16, Block A, KENSINGTON PARK PHASE ONE according to the plat thereof recorded in Plat Book 21, Pages 62 to 67, inclusive, Public Records of Collier County, Florida. Lot 38, Block A KENSINGTON PARK PHASE ONE according to the plat thereof recorded in Plat Book 21, Pages 62 to 67, inclusive, Public Records of Collier County, Florida. Lot 32, Block A KENSINGTON PARK, PHASE ONE according to the plat thereof recorded in Plat Book 21, Pages 62 to 67, inclusive, Public Records of Collier County, Florida. EXHIBIT "B" Page 2 of 4 T~E PROPERTY ENCUMI]ERED BY T~E MORTGAGE DOES NOT INCLUDE ANY OF T~E PROPERTY DESCRIBED IN T~IS EXHIBIT "B", PAGES I T~/~OUGH 3, INCLUSIVE. That portion of Tract "D", Kensington Park Phase One, as recorded in Plat Book 21, Pages 62 through 67, inclusive, of the Public Records of Collier County, Florida and more particularly described as follows: Begin at the Southeasterly corner of Tract "E", Kensington Park Phase One as recorded in Plat book 21, Pages 62 through 67, inclusive, of the Public Records of Collier County, Florida and run S00°22'59"E for 13.50 feet; thence run S89°37'01"W for 150.00 feet; thence run N00°22'59"W for 13.50 feet; thence run N89°37'01"E for 150.00 feet to the point of beginning, containing 0.047 acres, more or.less. ~ EXHIBIT "B" Paeg 3 of 4 OR: 22 1 LEGAL DESCKIPTION LANCAS~R R, A CONDOMINIUM A Portion of Tract "D" of Kensington Pa, k Phase One as recorded in Plat Book 21, Pages 62 th,ough 67, inclusive, as-recorded in the Public Records of Collier County, FlotltL~ and rurd~er described as follows: Commence at the Northca_s-I Comer of Tract "D" of Kensington Park Phase One as r~otded in' Plat Dook 2 f, Pages 62 Itwough 67, inclusive, as rccorded In Ihe Public Records of Collier Counly. Florida and run 589"]7'01"W for S0.00 feel; Ihcnce mn S00"22'59'E for 13.50 feel Io the POI~ OF BEGINNING; Iben~e continue S00°22'3~-E for 713.63 feet; to a point orcu~alure ora cume concavcd No~tluvestcHy; Ibence ~n IG. 17 feel along thc arc of<id cu~e havlng a radius of 970.00 feet, a central angle of00~37'!9', a chord of 16.17 [cot a,d a chord ~afing of SO0e0Y40'W Io a non-tangcnlial intersection with a ll.e Ihat ~a~s fiG3*46'4~'W; thence~nalongsaidlin~SG3~46.49.W ~or 173.23 [cello a non-tangential intersection with a cu~c concave Southwesterly; thcncc ~n 31.87 feet along the a~c of ~qid cu~,e having a radius of 23.00 feet. a central angle of T3'02'33*, a cho{d of 29.7G feet and a chord beadug of N33e31'42~W to a ~lnt of lang:n~; thct~cc ~u S89'37'01'W for 47.28 fcct to a point of cumalurc of a curve conca~'c South~stc~l~; thence ~n 10.62 fcct along thc arc or.id ct:me havi,g a radius of 23.00 feet. a ccuttal angle of 24=20'2~', a chord of 10.34 feet and achordbcadngofS77~26.48-Wtoa ~intofrcvetsecumatute of a cume cou~vc NolthcasteHy; thence nm TgR.23 feet along the ate of Mid cu~c having a radius of 200.00 leer, a ccnltal angle of 228'40'33', a chord uf 3G4.44 ~ct and a chord bcadng of NOO~22'39'W lo a point of reverse cu~nlure of a cu~c concave Northeasterly: thence ruu 10.62 feet along thc arc of ~id curve bavi.g a radius of 23.00 feet. a central angle of 24~20'26', a chord of 10.34 fcc[ and a chord bearing of S78~I2'4G'E lo a poi~t of tangent; thence nm N8~37'0 l"E for 32.26 feet to a point of cu~atu~c of a cu~e concave Northwesterly: ~bcuce nm 39.27 ~cct along Ibc arc of said cu~e having a rndius of 2f00 feet, a central angle ofgO°o0'0O', a chord o[ 33.3G feet and a chord benring of N44~37'01'E to a point of tnngen~; thence nm N00~22'39"W for 404.6~ feet; thence ~n N89~37'OI'E for 130.00 feet to [he Point of Begin,lng, all being in and a pa~t of T~act 'D* of Kcnsingto, Pa~k Phase One and containing 3.33acres. mo~e or less. EXHIBIT "B" Page 4 oJ~ 4 TIIE ilAMLST al KEN$1Nb"I'ON, A CONDOMINIUM Cornmer~ce at t|t~ $outht:a.,;t tmrnc~ of Tract "E', Kffdt.s%~t~n P~uk. Phase One as reconlo. I in Plat Book 71. Pal:~ 6:/ thlou~h 67, inclu.~ivr., uf thc Public ffzx.'ncd~ o1' Cullicr County, Florida ami n~n 50(l°72'S9"H for '/2.q. I ~ fix:t to a point et CUrVIItU: of a cu[ve concare F/otlJtwcslrdly, thence n;n 16.1'/ feet alang thc ~l~: of ~[d cun, e havre8 a 970.00 n,:t, a o:nltai angle oX 00'.57'19', it chord of 16.1'/' reel a:lti r_.hatd L, calinr. SOO"U3'4U'W lo Iht: PQIN[ BEGINNING "A' a~nd · nun-~nl~:ntLal intetsectioa w~tb a lira. r: b,c:;uin~ SR.l'46'49'W; thcnt:e tun 1'73.23 fe¢:~ .,,aid line to a non-O, nge,Lird in~t.xc~ion ~ith · cu~c t~ncavc .~uthwr_sledy; th~: I~,e 9.15 fl.'Ct along. Ihe a,c crave havinf: a rad~ru of 25.00 I'll, m oentfal angle uf 20'5T.12", I clx}id of 9.09 r~t and a chord beatinf: 50~'5 to a l~int of tangrtmy; tltro, cc: n,n SI}laJT'US'W fur I1 92 feel to a |~int ut' c~tvnm,¢ wilh m c,,,~,~: b/o~theastedrL throe: nm 475.'17 feet alo,~g tim ale nf ~ld cu~e havmng a tadirts of 2RO.Ilt! feet, a cx:nhai anRle 97"16'2~'. a cho,d of 420.111 fts:t m;d a chmd ~ating $45'Ul'OS'E In a point o/lanf,.ency. Ihen~: tun NRG"20'4 IRR.9} fc.t-t to ,,, point of ctuvatu, r¢ ufa ouvc cx~n~ve 8outh 'easel:dy; Ihcntx: tun 61192 l'ex:t alo;~g Iht: ',,er {~f .~id l~vini a lmdi~s of I~2U.UU ft.'st, a central an?,Je of 04"15'24' a chord of 60.91 feet and a chmd l~::adng NRa'21V23"I'i tn a |~int of ~ng~:ncy: thcnc= nm ~Rg"23"13'E fur 343.95 f~t lo a ~imxt of t.~tvalmc ~ith a curve concave thence ~n 12.91 f~t along Iht arc of ~:a-~d t.~v¢ Imvlng a ~adiu~ uf 25.00 recd, a r.c:rmal a,f,,le of 29"35'46', n cl~,d of 12.;7 feet m~d a chmd ~aling $74'J6'O0'E Io ;t non-tangenlial inlei.~'ctiun wilh m line ~i.§ NG?']5'.IR'F.; Ihcnce ,,n 142 R~ F.--e'. along ~:d llne; Ihence nm NOO"IS'J'/'W Fo~ 2R.45 feet la a pome at' cauvatur~ with a curve conc:svr. ag'OR'IT', · chord nf 9R.23 feel and a chord Ix:ming U44'¢,r43'W to a p~int uf L~nl;cncy: thence run N89'2.1'3~i'W 417.3~1 fec~ to a ix, iht of cu~vatule w,th :, cuivc c~n~ve $ouiheasle%ly; thcma: ,un 7! 07 reel alonff, lite aic u[ h&v;nC a rudi ,tls n{' 9?0.tll~ reel. a ctnhal angle o! 04°1y24''. · chunl tif'/2.05 rcc~ and a chord I pome u/t'~ngcnc'y; thence run Sl15'20'43'W lot i~ILgl feet Lu a pohst ufcutvnlurc wilh · curve c'o,cave thence tun 210.'/1 Fcc! along the a~c ol' ~id coty: h~vinr, I radiu~ uf IJO.OO I'cx:l, a Ocnlsal angJc of 97"16'23', a chu~d ol 193.1-~ ri-ct and a chord be~,ng N45*01'I1S"W to a point of tan&chOy; thence lun NUJe]7'011'E Fol' 127.51 Foci point uf cl~valute ,~'ith a c~uv¢ c~ncavc Nolthwestetly; thcnc: mn 51.5R Feet nlo,r, the a:c of ~id c"dtve bari:W, n el 970.00 feet. · c~'nt~al ant. lc of U3°U2'4g'. a clmrd nf 51..57 feet and a chu~d L,~d,~g N02"OS'44"W Io Ule l'o,nl uf Der, irmtnr,, containing 4.13 acre~, mol= af lcas. <:: c .. C STATE OF FLORIDA UNIF.ORM C-OMMERCIAL CODE STATEMENT OF CHANGE FORM UCC-3 (REV. 1993) Th~S Statement of Chande is oresented to a filinc~ officer for filing oursuant to the Uniform :ommerclalCode: 1. Debtor Name (Last Name First if an Individual) la. Date of Birth or FEI# BRUGGER, JOHN N. AS TRUSTEE lb. Mailing Address lc. City, State ld. Zip Code 600 FIFTH AVENUE SOUTH, SUITE 210 NAPLES, FLORIDA 33940 2. Additional Debtor or Trade Name (Last Name. First if an Individual) 2a. Date of Birth or FEI# 2b. Mailing Address 2c. City, State 2d. Zip Code 3. Secured Party ILast Name First if an Individual) RUBIN, SHELDON W. AS TRUSTEE 3a. Mailing Address 3b. City, State 3c. Zip Code 7120 LIONS HEAD LANE BOCA RATON, FLORIDA 33496 4. Additional Secured Party (Last Name First if an Individual) 4a. Mailing Address 4b. City, State 4c. Z~p Code 5. This Statement refers to original Records of Collier County, Florida.. 6. A. [ ] Continuation - B. [ ] Release - C. iX] Full Assignment - D. [ ] Para,al Assignment- E. [ ] Amendment - F. [ ] Termination - G. [ ] Other - Financing Statement recorded on December 13, 1995 in Official Records Book 2128, Page 165, Public The or,9inal Financing Statement between the Debtor and Secured Party bearing the filing number shown aDove is continued. The Secured Party releases the collateral described ~n Block 7 below from the Financing Statement bearing the file number shown above. RELEASE DOES NOT TERMINATE LIEN AGAINST DEBTOR. All of the Secured Party's rights under the Financing Statement have been ass,gnarl to the assignee whose name and address is shown m Block 7 below. Some of Secured Party's rights under the F~nanclng S{atement have been assigned to the assignee whose name and address ,.~ shown in Block 7. A description of the collateral sublect to the asslgnme,~., is also shown in Block 7. The Financing Statement bearing the fiN, number shown above is amended a5 set furth in Block 7. (See instructions for s~gnature requirements.) The Secured Party no longer claims an interest under the Financing Stltemen! bearing the fils num',er shown above. 7. ~ssignee nam.- and address BARNETT BANK, N.A. 625 NORTH FLAGLER D;:{IVE 10TM FLOOR WEST PALM BEACH, FLORIDA 33401 0** ........................................................................................................................................................ :.. .............. 8. Signature(s) of Debtor(s) - (only if amendment - see instructions) 03/0! y Retn: ~ ................................................................................................................................... GOODtBTTB COL~MA~ ~T (,es) 4001 T~I~I TI N t300 W. RUBIN, T~USTEE ................................................................................................................................................................................. This space for use of Filing Officer ,155246 OR: 2291 PG: 0289 [DBD in OFFICIAL RBCORDS of COLLIBR COUNTY, ./97 at 03:59PM DWIGHT B. BRO6[, CLBRK R~C FBB 6.00 10. Number of Additional Sheets Presented -0- 1 1. Return Copy to: Name: ~ Address: Address: City, State, Zip JOHN F. FLANIGAN, ESQ. C/O MOYLE, FLANIGAN, ET AL., P.A. POST OFFICE BOX 3888 WEST PALM BEACH, FLORIDA 33402 STANDARD FORM - UCC-3 2117643 OR: 2249 PG: 1270 GOODLETTE COL~AN ET AL RECORDED in the O~FICIAL RECORDS of COLLIER COUNTY, FL DOC-.70 4001 TAMIAMI TR N ~300 11/12/96 at 02:43PM DWIGHT H. BROCK, CL~RK NAPLHS FL 34103 Z08.50 .70 TRUSTEE'S DEED THIS INDENTURE, made on this ~ day of November, 1996, between JOHN N. BRUGGER, individually and as Trustee (hereinafter called "Grantor"), and J. DUDLEY GOODLETTE, as Trustee (hereinafter called "Grantee"), whose post office address is: 4001 Tamiami Trail North, Suite 300, Naples, FL 34103. WITNESSETH: That the Grantor, for and in consideration of the .sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to them in hand paid by the Grantee, the receipt and sufficiency whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's successors and assigns forever, the following described land, situate, lying and being in the County of Collier, State of Florida (hereinafter called the Property), together with the tenements and appurtenances thereunto belonging, to wit: The East 1/2 of the Northwest I/4; and the West 1/2 of the Northeast 1/4; and the Southeast 1/4 of the Northeast 1/4 of Section 13, Township 49 South, Range 25 East, Collier County, Florida; AND The East 1/2 of the Northeast 1/4 of the Southwest 1/4; and the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 13, Township 49 South, Range 25 East, Collier County, Florida; AND The Southeast 1/4 of Section 13, Township 49 South, Range 25 East, Collier County, Florida; LESS AND EXCEPT ail of the land and property described on Exhibit "A" attached hereto and made a part hereof by reference. Subject to outstanding encumbrances and mortgages of record; zoning and use restrictions imposed by governmental authority; restrictions, covenants and easements of record; reservations of oil, gas and mineral rights of record; and ad valorem real property taxes. The above described property is not the homestead of Grantor or of any member of his family nor is such property contiguous to any such homestead property. The purpose of this instrument is to transfer title to the Property described herein from Grantor to Grantee as a successor trustee. TO HAVE AND TO HOLD the same in fee simple and to the proper use and benefit forever of said Grantee. And said Grantor does hereby fully warrant title to said land except as noted above, and will defend the same against the lawful claims of all persons claiming by, through or under him, but against none other. C :kKR.I\St cinerhKe nsington. TD This Instrument Prepared By: Kenneth R. Johnson. Esq. Goodleae, Coleman & Johnson, P.A. 41101 Tamiami Trail North. Suite 300 Naples. FL 34103 (Page I of 2) OR: 2249 PG: 1271 IN WITNESS WHEREOF, the undersigned Grantor has duly executed and delivered this instrument the day and year first above written. Signed, Sealed and delivered in the Presence of: ~rinted Name: ~~~2~~ /J STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on this I / day of November, 1996, by JOHN N. BRUGGER, individually and as Trustee, who is personally known to me. tary Public State of Florida at Large My Commission Expires: (Notary Seal) ~O~TION~ NOTE TO CLE~ OF CO~T: ~e ~v~ed Gr~tee ~ a successor t~ee. Accor~y, minim~ d~ent~ ~p t~es ~e due ~d payable. C :~d~J \Steincr~¢nsington. TD (Page 2 of 2) OR: 2249 PG: 1272 EXHIBIT "A" (Consists of the following 43 pages) OR: 2249 PG: 1273 EXHIBIT "A" Tract E, KENSINGTON PARK PHASE ONE, Plat Book 21, Pages 62 - 67, inclusive, of the Public Records of Collier County, Florida. Lots 2, 3, 4, 16, 17, 33, 34, 35, 36, 37, 42 and 44, Block A, as shown on the Plat of KENSINGTON PARK PHASE ONE, recorded in Plat Book 21, Page 62, of the Public Records of Collier County, Florida. Lots 5, 9, 19, 20, 21, 22, 23 and 24, Block B, as shown on the Plat of KENSINGTON PARK PHASE ONE, recorded in Plat Book 21, Page 62, of the Public Records of Collier County, Florida. Lots 1, 7, 8 and 11, Block C, as shown on the Plat of KENSINGTON PARK PHASE ONE, recorded in Plat Book 21, Page 62, of the Public Records of Collier County, Florida. That portion of Tract "D", KENSINGTON PARK PHASE ONE, Plat Book 21, Pages 62 - 67, inclusive, of the Public Records of Collier County, Florida, more particularly described as follows: Begin at the Southeasterly corner of Tract "E", KENSINGTON PARK PHASE ONE, as recorded in Plat Book 21, Pages 62 - 67, inclusive, of the Public Records of Collier County, Florida and run S 00°22'59'' E for 13.50 feet; thence run S 89°37'01" W for 150.00 feet; thence run N 00°22'59" W for 13.50 feet; thence run N 89°37'01'' E for 150.00 feet to the POINT OF BEGINNING. Lots 9, 10 and 37, Block C, as shown on the Plat of KENSINGTON PARK PHASE TWO, recorded in Plat Book 25, Pages 82 and 83, of the Public Records of Collier County, Florida. Lot 28, Block E, as shown on the Plat of KENSINGTON PARK PHASE TWO, recorded in Plat Book 25, Pages 82 and 83, of the Public Records of Collier County, Florida. F:\WPDataLKensington.EXA Printed: November 1 l, 1996 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT SERVICES DIVISION ENGINEERING REVIEW SECTION 2800 NORTH HORSESHOE DRIVE NAPLES, FL 35942 (941) 643-8400 CERTIFIED BLUE CHIP COMMUNITY September 30, 1997 Ms. Gina Green, P.E. McAnly Engineering & Design, 5101 Tamiami Trail East Naples, FL. 34113 Inc. Re: Kensington Park Phase 3B Dear Gina: 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. All 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 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 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 to accept and maintain the facilities. If you should have any questions or if we may be of assistance, please advise. Very truly yours, Senior Engineer cc: Shirley Nix COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT SERVICES DIVISION ENGINEERING REVIEW SECTION August 28, 1997 2800 NORTH HORSESHOE DRIVE NAPLES, FL 53942 (941) 643-8400 A CERTIFIED BLUE CHIP COMMUNITY Gina Green McAnly Engineering & Design, Inc. 5101 Tamiami Trail East, #202 Naples, FL 34113 Re: Kensington Park, Phase 3-B Dear Gina: 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 sewer facilities approved, 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 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. Very truly_ .yours, Shirley4~qix Engineering Technician II CC: Tim Clemons, Wastewater Director Cindy Erb, Public Works J. Dudley Goodlette, Trustee McANLY ENGINEERING AND DESIGN INC. ENGINEERING PLANNING LAND SURVEYING LANDSCAPEARCHITECTURE Project: Kensington Park. Project Number: 9 0 1 2 0 5.3 Date of Test: 1 2 - 1 2 - 9 6 Those Present: HYDROSTATIC TESTING Phase Thrmm-B Test Pressure: 100 psi Ms. Gina Green. P.R.: M~An!y ~-ngineering and Mr. Stuart Hall, Naples Underground Utilities, De_=ign~ Inc. Inc. Mr. Randy Casey, Collier County Compliance Services Description of Linc Tested: 4" PVC Force Main CALCULATION OF ALLOWABLE LEAKAGE PER ONE HOUR: (LcngthofPipc) x (Diamctcrofpipc) x SQR(Tcstpressure) / 133200 ( 2100 fl) x ( 4 in) x SQR( 100 psi) / 133200 = ( fl) x ( in) x SQR( psi) / 133200 = ( ft) x ( in) x SQR( psi) / 133200 = ( fl) x ( in) x SQR( psi) / 133200 = Total RESULTS OF TEST: Length of Test 2 Pressure at Beginning of test: Pressure at End of test: hours Allowable Leakage 0.63 gal gal · gal gal 0.63 gal 1.26 100 100 gal psi psi Amount of water required to bring pressure up to beginning pressure: Engineer: McAnly Enginccring and Design, [nc. 0 gal Date 5101 TAMIAMI TRAIL EAST, SUITE 202, NAPLES, FLORIDA 34113 (941) 775-0723 FAX (941) 775-9236 AUG-84-199~ 16:29 DEUELOPMENT SERV ICES 941 434 5359 P. 82 i ....~ 'i ' ') ~, ~x, ~.glt'~ '~ ~ TOTAL P.02 L~wton Chiles Governor Environmental Proi:ecti'°n South District 2295 Victoria Avenue, Suite 3~41 ' Fort Myers, Florida 33901-3881 Virginia B. Wetherell Secretary August 27, 1997 J. Dudley Goodlette, Trustee Swisse-America 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 RECEIVED AU6 2 8 1997 WASTEWATER DEPARTMENT Re' Collier County - DW/CS Certificate of Completion Permit No. CS11-263730 Kensington Park Phase 3-B Connected to: Collier County North Regional WWTP (Partial Clearance for Use) Dear Mr. Goodlette: We have received a partial certificate of completion of construction dated August 18, 1997, as submitted by Gina R. Green, P.E. of McAnly Engineering and Design, Inc. on August 20, 1997 for the project authorized by the above permit number. Accordingly, the portion of the wastewater collection/ transmission system that was completed may be placed into service. HWY/RJE/dd cc: Gina R. Green, P.E. Timothy L. Clemons Sincerely, Water Facilities Section Manager P.E. "Protect, Conserve and Manage Florida's Environment and Natural Resources" Printed on recycled p~per. -FEB ~4 '~37 15:58 MAPLES L~RGROUND 813 598-3963 --~ P.2 Hoffml~t allies Supgly 403, RELEASE OF LiEN K NOII'",4 LL ?,! EN BY THESE pRESENTS: The/the undersigned, ~r and in censideralion a! the poymer~ of ~l$'sou~ Three lt~tndred Foz-ty-q'Wo ~. and 90 paid by the.. .... Ieu~fflSj. lacJtcxet........ .... Pa~k. ........... .......... : ........... recetp! of which is hereby oclmowJedged, hereby releases and quit clairol te the said .... .I~. ,n..~.'.n, gt;:..afl....l~..r.k..t~., .s~...i..~.~ ............................ its su¢¢es,ors and assign,, and , Kensi..ne. Jtorl park .... th, owner, ali liens, lien rights, claims 0¢ demands of a~y kind whmtsae~er, which the undmsigned new has ar m*ght }rove against the buildlng on pmmi,e, legally ~escrilad as ....~..l~.lrl~[t;(;~'lt. ,_-x~l:l~]~. ~l~l~. J,~T'P.- ....... ¥1or:l.da ........................................ on occounto! labs, pmformwcl and/or mate,i~,l fumishe~ 6, the c~strucfion o{ any improvement, I~r4~o~1. That oil lobar and maletials used by the undersigned in the erection of said improvements ha~ been f~lly paid for, IN WITNESS WHEREOF, I lay, hereunto set my land seal this a~ of ...............J~.O.u~ ....... 0 !0~.? ...... WI TNESSli$: STATE OF FLORIDA-} COUNTY OF Col l.£er~' ~ob ~a~ollum- President I hereby acknowledge ~at Ihs .~tatement, contained in the feregoin~ Release ef Lien are tree and correct, Sworn to and subscribed before me this ....... 7P.d.. '.. day of .............. q'~71~l.!l~z~] ..... 19.9.7 .... My commi&~ian expires: .................. r,,~,-e,,, ~ 4~ ................ ~/f.~. ~. '~. T..¢~ :~:~-~ .... ~.~~ Nota~ Public S/ale o/Florida ~t..L,,~e 02-24-1997 04:25PM 81~ 598 3963 P.02 CERTIFICATE STATE OF FLORIDA COUNTY OF COLLIER On this 18th day of February, 1997, before me personally appeared J. DUDLEY GOODLETTE, AS TRUSTEE, being the legal owner of the property known as KENSINGTON PARK GOLF & COUNTRY CLUB, PHASE THREE-B, and to me personally known (hereinafter "Affiant"), who, being duly sworn on oath, did say that no contributions-in-aid of any type or manner were furnished by any person or entity in connection with the sewer utility facilities located within the real property described in Exhibit "A" attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, Affiant has duly executed and delivered this instrument the day and year first above written. Signed, Sealed and delivered in the Presence of: J. Dudley Goodlette, as Trustee C :XKRJ\Steiner\Collier. Certification (Page I of 2) This Instrument Prepared By: Kenneth R. Johnson, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on this 18th day of February, 1997, by J. DUDLEY GOODLETTE, as Trustee, who is personally known to me. Notary Public Print Name: i')..~C,~_. State of Florida at Large My Commission Expires: C :\KRJ\Steiner\Collier. Certification (Page 2 of 2) 11-19-1996 04:04PM FROM ?_~cANLY ENGINEERING & DESI TO --~ 4351218 P.03 LEGAL DESCRIPTION KENSINGTON PARK PHASE THREE-B SANITARY SEWER EASEMENT ALL TRACT R OF KENSINGTON PARK PHASE THKEE-B AS RECORDED IN PLAT BOOK ~fi{ , PAGES ~' THROUGH 6 , INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIEK COUNTY, FLORIDA. EXHIBIT "A" Kensington Park Phase III-B SEWER ITEM QUANTITY UNIT COST 1. Sewer tie-in to existing 2. 8" Sewer 0-6 3. 8" Sewer 6-8 4. 8" Sewer 8-10 5. Manhole 0-6 6. Manhole 6-8 7. Manhole 8-10 8. 6" Sewer services 9. 8 x 6 Wye 10. 6" Cleanout assembly 11. Sewer A. R. V. 12. 4" C900-150 FM 13. 4" Bends 45% 14. 4" Bends 22 1/2% 15. 4" DI Retainer Glands 16. 4" C900-200 17. 4" 45% Meg-a-lug bends 18. Pump Station #3 1 ea. 3,500.00 620 if 10.50 1,028 if 14.50 720 if 18.50 2 ea. 1,050.00 3 ea. 1,250.00 4 ea. 1,450.00 1,310 if 7.50 32 ea. 35.00 34 ea. 105.00 2 ea. 2,500.00 1,880 if 7.25 4 ea. 160.00 8 ea. 140.00 8 ea. 45.00 20 if 8.25 4 ea. 150.00 1 ea. 37,500.00 3 6 14 13 2 3 5 9 1 3 5 3 1 37 .500.00 ~510.00 ~906.00 ,320.00 ~100.00 ~750.00 ,800.00 ,825.00 .120.00 .570.00 ,000.00 .630.00 640.00 ,120.00 360.00 165.00 600.00 ,500.00 $ 123,416.00 McANLY ENGINEERING AND DESIGN INC. ENGINEERING PLANNING LAND SURVEYING LANDSCAPEARCHITECTURE February 27, 1997 Mr. Thomas E. Kuck, P.E. Project Plan Review Manager 2800 North Horseshoe Drive Naples, Florida 33942 RE: Collier County Wastewater Treatment Plant - North Area Kensington Park, Phase Three-B Dear Mr. Kuck: The purpose of this letter is to certify that all sewer facilities for the above referenced project are located within the Private Right-of-Way or utility easements which are dedicated Collier County Utility Easements. All improvements are constructed in accordance with the approved constructions plans and specifications. Sincerely, . "'-h ~ Dina R. Green, P.E. GRG/cpa 5101 TAMIAMI TRAIL EAST, SUITE 202, NAPLES, FLORIDA 34113 (941) 775-0723 FAX (941) 775-9236 NAPLES UNDERGROUND UTILITIES, INC. 6575 DANIELS ROAD, NAPLES, FLORIDA 34109 (941) 598-1285 November 21, 1996 Board of Collier County Cc~missioners Collier County Goverrm~nt Center 3301 East Tamiami Trail Naples, FL 33962 RE: Kensington Park Pba~e III-B Letter of Warranty/~3~rantee Dear Sirs: The undersigned parties do hereby warrant and/or guarantee all work executed by the Contractor on the sewer system of Kensington Park Phase III-B, OWNER, to be free from defects in material and workmanship for a period of at least one year after the Board of County Commissioners' acceptance. The undersigned parties further agree that they will, at their own expense, repair and replace all such defective work and all other work damaged by said defective work under this Warranty/Guarantee. Yours truly, Bob McCollum - President Naples Underground Utilities, Inc. BMC/mcb WA TER · SEWER · DRAINAGE SYSTEMS · SEWER TREATMENT PLANTS CLEARING · GRUBBING ° FILL DIRT :ANLY ENGINEERING AND DESIGN INC. ENGINEERING PLANNING LAND SURVEYING LANDSCAPEARCHITECTURE Project: Kensinqton Park, Project Number: 901205.3 Date of Test.' 2-26-97 to INFILTRATION TESTING Phase Three-B 2-27-97 Those Present: Mr. Randy Casey, Collier County Compliance Services Mr. Stewart Hall, Naples Underground Utilities Mr. Shane Parker, E.I., McAnly Engineering and Design, Inc. Descdption of Line Tested: Gravity Sewer Line from Manhole 34 to Manhole 43, and from Manhole 34 to Pump Station ~3. CALCULATION OF A LLOWA BLE INFILTRATION: 1150' 6" (Length of pipe) / 5280' X (diameter of pipe) X 50 gal/day = (in feet) (in inches) ( 2379 ) / 5280' X ( 8" ) X 50 gal/day = units (occupied) X gal/day 65.3 gal/day 180.2 qal/day RESULTS OF TEST: Length of Test 1 Day , Calculation of Actual Infiltration: Total Gallons Allowable Infiltration 245.5 245.5 gallons 40.5 gallons Test meets project specifications: Engineer: X YES No / Gina R. Green, P.E. / /Dat'e McAnly Engineering and Design, Inc. 5101 TAMIAMI TRAIL EAST. SUITE 202, NAPLES, FLORIDA 34113 (941) 775-0723 FAX (941) 77,5-9236 Don Craig Master Electrician 290 Ridge Dr. Naples, FL 34108 February 24, 1997 Collier County Board of Commissioners 3301 East Tamiami Trail Naples, FL 33962 RE: Kensington Park Phase III-B Pump Station #3 ~Dear Council Members: Don Craig Electrician has installed the electric service for Pump Station #3 at Kensington Park Phase III-B. It is a one phase with -2- 4 HP n~tors. We do hereby certify that the voltage drop between the Florida Power and Light Transformer and the pun]ps is less than 5%. Yours truly, Donald/Crag -~e~ [] 2152 SPRINT BLVD. APOPKA, FL 32703 (407) 886-3131 DIVISION OF ELLIS K. PHELPS & CO. 5661 DIVISION DRIVE FORT MYERS, FL 33905 (941) 693-5226 RESPOND TO: E3 1100 53RD COURT SOUTH MANGONIA PARK WEST PALM BEACH, FE.33407 (561) 848-2299 PUMP STATION START-UP REPORT [] 124 AIRPORT PARK DR. SAVANNAH, GA 31408 (912) 966-1866 JOB NAME KENSINGTON PARK PH 3 PS 3 OPERATOR Collier County LOCATION OF STALLATION Naples, FL CONTRACTOR -Naples Underqround DESIGN CONDITIONS: GPM TDH PUMP MODEL CP3102 H.P. '4 IMPELLER 433 VOLTAGE 230 PHASE 1 SERIAL NUMBER 01 180-9640252 ~2 180-9640253 03 MANUFACTURER OF CONTROL OVERLOAD HEATER 0 B-28 ALTERNATOR TESTED YES QCI SERIAL 0 5/96/11 L/A CONNECTED YES GROUND CONNECTED YES COMMENTS: Ail controls operate qood. Pumps sound good. MEGGER CHECK 0i INF RED INF BLACK ~2 INF RED INF BLACK 03 RED BLACK 04 RED BLACK VOLTAGE CHECK: INF INF WHITE WHITE WHITE WHITE TO GROUND CONTROL CIRCUIT PRIM~ARY 119 A to B 238 B to C XX A to G 119 B to G 119 AMPERAGE CHECK: 01 11 A 10 B XX' # 2 10 A 10 B XX #3 a B SECONDARY A to C XX A to G XX C PHASE C PHASE C PHASE PUMPS SEATED PROPERLY FIELD TEST PERFORMANCE TEST: ~1 184.8GPM TDH #2 176 GPM #3 GPM TDH 04 GPM I certify this report to be accurate: Official Start-Up Date: 2/27/97 24 YES OPERATOR HAS RECEIVED INSTRUCTION MANUAL YES GPM TDH GPM TDH TDH BOTH j DATE OF REVIEW: PROJECT NAME: COLLIER COUNTY UTILITIES W~STEW~TER DEP~RTMENT PROJECT VIDEO REVIEW 03/14/97 Kensington Park, Phase 3-B ENGINEER OF RECORD: N/A CONSTRUCTION CONTRACTOR: Naples Underground VIDEO CONTRACTOR: Sewer Viewer, Inc. COMMENTS: Lines and services are in qood condition. RECOMMENDATIONS: ~X--~ACCEPTABLE: ~-~ REVIEW NUMBERED COMMENTS IN ONE YEAR: i I NUMBERED COMMENTS UNACCEPTABLE: (REPAIR/REPLACE) ~OTHERRECOMMENDATIONS: Reviewed by: Stephen L. Nagy Sr.Utility Tech. COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT SERVICES DIVISION PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION 2800 NORTH HORSESHOE DRIVE NAPLES, FL 55942 (941) 643-8400 A CERTIFIED BLUE CHIP COMMUNITY August 11, 1997 Gina Green McAnly Engineering & Design Suite 202 5101 Tamiami Trail East Naples, Florida 34113 RE: Kensington 3-B, Sewer Dear Ms. Green: A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering Review Section of the Planning Services Department on August 11, 1997. 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 Inspections Supervisor CF/rc/den/fi\Inspection form cc: Cindy Erb, Engineering Technician, Public Works Timothy L. Clemons, Wastewater 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 LEGAL DESCRIPTION KENSINGTON PARK PHASE THREE-B SANITARY SEWER EASEMENT ALL TRACT R OF KENSINGTON PARK PHASE THREE-B AS RECORDED IN PLAT BOOK ~fi{ , PAGES ~' THROUGH 6 , INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT '~A" PAGE 1 OF B KENSINGTON PARK, PHASE THREE-B LEGAL DESCRIPTION 30'x30' SEWER MAIN EASEMENT A thirty feet by thirty feet Collier County Utility Easement (C.U.E.) located in Tract 'DC l"of Kensington Park, Phase One, as recorded in Plat Book 21, Pages 62 through 67 of the Public Records of Collier County, Florida, more particularly described as follows: Commence at the Southeast comer of Tract 'GC 1 ", Kensington Park, Phase One, as recorded in Plat Book 2 l, Pages 62 through 67 of the Public Records of Collier County, Florida, point being on a curve concave Southeasterly; thence run 82.71 feet along the arc of said curve having a radius of 115.00 feet; an included angle of 41°12'32", a chord of 80.94 feet, and a chord bearing of S69°13'57'W to a point of tangency; thence run S48°37'41'W for 103.47 feet to a point of curvature of a crowe concave Northwesterly; thence run 39.56 feet along the arc of said curve having a radius of 55.00 feet; an included angle of 41°12'32", a chord of 38.71 feet, and a chord bearing of S69°13'57'W to a point of tangency; thence run S89°50'13'W for 54.21 feet to the POINT OF BEGINNING; Thence run N00°09'47'W for 30.00 feet; thence run S89°50'13'W for 30.00 feet; thence run S00°09'47'E for 30.00 feet; thence run N89°50'I3'E for 30.00 feet to the POINT OF BEGINNING, containing 900 square feet, more or less. Prepared By: Florida Registration No. 1543 McAnly Engineering and Design, Inc. 5101 Tamiami Trail East, Suite 202 Naples, FL 34113 EXHIBIT "A" PAGE 2 OF 3 KENSINGTON PARK PHASE LEGAL DESCRIPTION 30'x30' C.U.E. THREE-B 60 POINT OF BEGINNING GRAPHIC SCALE 0 50 60 ( IN FE~T ) I Inch = 60 ft. L4 LINE TABLE LINEt DIRECTION I DISTANCE L1 S89'50'13"W 54.21' L2 NOO'O9'47"W 30.00' L3 S89'50'13"W 30.00' L4 S00'09'47"E 30.00' L5 N89'50'13"E 30.00' ~ L2 12o NNN ~ ~ '~ POINT OF COMMENCEMENT SE CORNER TRACT "GCI" KENSINGTON PARK, PHASE ONE, PLAT BOOK 21, PAGES 62-67 CURVE TABLE CURVE IRADIUS I LENGTH I CHORD I BEARING I DELTA 41 '1 2'32" C2 55.00' 39.56' 38.71' S69'13'57"W 41'12'32" If°":TO.~ STa~. I'] McANLY ENGINEERING I :K~.S.GTO..~U~ ..*S= ~ II ~IG~~ I ................ II 5101 TAMI~I ~A[ EAST, SUITE 202 ~~--% '14/96-12 02:47 KENX~AISXCUE.d.g IIC~ICH[. 1996 BY McANLY [N~N[ERING ~D O[Sl~. INC ALL RI~tS RESER~D H NO. REVISiOnS 0 PROJEC [: 901205.3, SHEET: I OF 2 EXHIBIT "A" PAGE 3 OF 3