Backup Documents 04/26/2016 Item #16A 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A b ,
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. County Attorney Office County Attorney Officeb‘r
3. BCC Office Board of County b�
Commissioners \V5/
4. Minutes and Records Clerk of Court's Office
5. Executed COPY only returned to: Deborah Farris/GMD-ROW
41D401.R0 LiVAA
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Deborah Farris Phone Number X5861
Contact/ Department / /
Agenda Date Item was April 26,2016 V Agenda Item Number 16A (p .1/
Approved by the BCC
Type of Document Easement Agreement Number of Original One
Attached Documents Attached
PO number or account D/N record in the Clerk's"official records"
number if document is for r/e conveyances
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?Skk�
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. X
Needs Clerk's attestation
3. Original document(s)has/have been signed/initialed for legal sufficiency. (All documents
to be signed by the Chairman,with the exception of most letters,must be reviewed and
signed by the Office of the County Attorney. X
4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. X
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. X
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. n/a
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on April 26,2016(enter date)and all X N/A is not
changes made during the meeting have been incorporated in the attached document. an option for
The County Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the ' N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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16 A 6
PROJECT: Golden Gate Blvd #60145
PARCEL No(s): 334RDUE
FOLIO No(s): 40922480001
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this I day of f C h;u�.) , 2016, by and between
DOODNAUTH POKHAN and VIJANTI POKHAN a/k/aVIJANT POKHAN, husband and
wife, whose mailing address is 7145 40th Street NE, Naples, Florida 34120 (hereinafter
referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County
Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County").
WHEREAS, County requires a perpetual non-exclusive Road Right-of-Way,
Drainage and Utility Easement over, under, upon and across the lands described in
Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter
referred to as the "Easement"); and
WHEREAS, Owner desires to convey the Easement to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Easement.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. RECITALS - All of the above RECITALS are true and correct and are hereby
expressly incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of:
$8,000.00
(EIGHT THOUSAND DOLLARS)
subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of
this Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County warrant or funds wire transfer, shall be full
compensation for the Easement conveyed, including all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and shall be in full and final settlement
of any damages resulting to Owner's remaining lands, costs to cure, including but not
limited to the cost to relocate the existing irrigation system and other improvements
(if any), and the cost to cut and cap irrigation lines (if any) extending into the
Easement, and to remove all sprinkler valves and related electrical wiring (if any),
and all other damages in connection with conveyance of said Easement to County,
including all attorneys' fees, expert witness fees and costs as provided for in Chapter
73, Florida Statutes.
3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders
of any liens, exceptions and/or qualifications encumbering the Easement, the
execution of such instruments which will remove, release or subordinate such
encumbrances from the Easement upon their recording in the public records of
Collier County, Florida. Prior to Closing and as soon after the execution of this
Agreement as is possible, Owner shall provide County with a copy of any existing title
insurance policy and the following documents and instruments (prepared by County)
properly executed, witnessed and notarized where required, in a form acceptable to
County (hereinafter referred to as "Closing Documents"):
CAO
16A b
Page 2
(a) Road Right-of-Way, Drainage and Utility Easement;
(b) Instruments required removing, releasing or subordinating any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the
Easement.
(c) Closing Statement;
(d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(e) W-9 Form; and
(f) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by County, County's
counsel and/or title company.
4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) days of the date of
execution of this Agreement or within thirty (30) days of County's receipt of all Closing
Documents, whichever is the later. This agreement shall remain in full force and
effect until Closing shall occur, until and unless it is terminated for other cause. At
Closing, payment shall be made to Owner in that amount shown on the Closing
Statement as "Net Cash to the Seller."
5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees
to relocate any existing irrigation system located on the Easement including irrigation
lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the
project without any further notification from County. Owner assumes full
responsibility for the relocation of the irrigation system (if any) on the remainder
property and its performance after relocation. Owner holds County harmless for any
and all possible damage to the irrigation system in the event owner fails to relocate
the irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Easement (if any), the Owner is responsible for their retrieval prior to the
construction of the project without any further notification from County. Owner
acknowledges that County has compensated Owner for the value of the
Improvements located within the Easement area, and yet County is willing to permit
Owner to salvage said improvements as long as their retrieval is performed before
construction and without interruption or inconvenience to the County's contractor. All
Improvements not removed from the Easement prior to commencement of
construction of the project shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things
which may be required to give effect to this Agreement immediately as such
requirement is made known to them or they are requested to do so, whichever is the
earlier.
7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants
the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the Easement, to enter into and to execute this Agreement, to
execute, deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all actions and to
perform all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
CAn
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Page 3
(b) County's acceptance of the Easement shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of
Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than County has any right or option to acquire the
Easement or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Owner shall not encumber or convey any portion of the property
underlying the Easement or any rights therein, nor enter into any agreements
granting any person or entity any rights with respect to the Easement,
without first obtaining the written consent of County to such conveyance,
encumbrance, or agreement, which consent may be withheld by County for
any reason whatsoever.
(e) There is no maintenance, construction, advertising, management, leasing,
employment, service or other contract affecting the Easement.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Easement or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to the
Easement which has not been disclosed to County in writing prior to the
effective date of this Agreement.
(g) County is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause
the physical condition of the property underlying the Easement to change
from its existing state on the effective date of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into any
contracts or agreements pertaining to or affecting the property underlying the
Easement and not to do any act or omit to perform any act which would
adversely affect the physical condition of the property underlying the
Easement or its intended use by County.
(h) To the best of Owner's knowledge, the property underlying the Easement,
and all uses of the said property, have been and presently are in compliance
with all Federal, State and Local environmental laws; that no hazardous
substances have been generated, stored, treated or transferred on the
property underlying the Easement except as specifically disclosed to the
County; that the Owner has no knowledge of any spill or environmental law
violation on the property contiguous to or in the vicinity of the Easement to
be sold to the County, that the Owner has not received notice and otherwise
has no knowledge of: a) any spill on the property underlying the Easement;
b) any existing or threatened environmental lien against the property
underlying the Easement; or c) any lawsuit, proceeding or investigation
regarding the generation, storage, treatment, spill or transfer of hazardous
substances on the property underlying the. Easement. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the
County against and from, and reimburse the County with respect to, any and all
damages, claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of court,
in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred
by or asserted against the County by reason or arising out of the breach of any of
Owner's representations under paragraph 7(h). This provision shall survive Closing
and is not deemed satisfied by conveyance of title.
9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all
fees to record any curative instruments required to clear title, and all Easement
instrument recording fees. In addition, County may elect to pay reasonable
16 A 6
Page 4
processing fees required by lien-holders and/or easement holders in connection with
the execution and delivery of a Release or Subordination of any mortgage, lien or
other encumbrance recorded against the property underlying the Easement;
provided, however, that any apportionment and distribution of the full compensation
amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other
encumbrance-holder for the protection of its security interest, or as consideration due
to any diminution in the value of its property right, shall be the responsibility of the
Owner, and shall be deducted on the Closing Statement from the compensation
payable to the Owner per Paragraph 2. County shall have sole discretion as to what
constitutes "reasonable processing fees."
10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of
sale all prior year ad valorem taxes and assessments levied against the parent tract
property which remain unpaid as of the date of Closing. Furthermore, in accordance
with the exemptions provided for in Section 201.01, Florida Statutes, concerning
payment of documentary stamp taxes by County, Owner shall pay all documentary
stamp taxes required on the instrument(s) of transfer.
11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be
effective as of the date this Agreement is executed by both parties and shall inure to
the benefit of and be binding upon the parties hereto and their respective heirs,
executors, personal representatives, successors, successor trustees, and/or
assignees, whenever the context so requires or admits.
12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement in
the form of a partnership, limited partnership, corporation, trust or any form of
representative capacity whatsoever for others, Owner shall make a written public
disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the
penalties prescribed for perjury, of the name and address of every person having a
beneficial interest in the property underlying the Easement before the Easement held
in such capacity is conveyed to County. (If the corporation is registered with the
Federal Securities Exchange Commission or registered pursuant to Chapter 517,
Florida Statutes, whose stock is for sale to the general public, it is hereby exempt
from the provisions of Chapter 286, Florida Statutes.)
13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the
property underlying the Easement, by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties, or
covenants not contained herein. No modification, amendment or cancellation of this
Agreement shall be of any force or effect unless made in writing and executed and
dated by both Owner and County.
14. BREACH AND TERMINATION - Should any part of this Agreement be found to be
invalid, then such invalid part shall be severed from the Agreement, and the
remaining provisions of this Agreement shall remain in full force and effect and not be
affected by such invalidity.
15. SEVERABILITY — Should any part of this Agreement be found to be invalid, then
such invalid part shall be severed from the Agreement, and the remaining provisions
of this Agreement shall remain in full force and effect and not be affected by such
invalidity.
16. VENUE - This Agreement is governed and construed in accordance with the laws of
the State of Florida.
•
CAC;
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Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO COUNTY:
DATED: .April 26, 2016
ATTEST: BOARD QF COUNTY COMMISSIONERS
DWIGHT E. BROQQC, Clerk COLLI COUNTY,. LORIDA
rc) 11 __ 1 BY: jnh•�
A t as to CbainnanfsDe•u '' DONNA FIALA, Chairman
signature only.
AS TO OWNER: _V7/
DATED: .2 Q l jd �/wa,,I 4ip
J) c,u,..„ (
l
Witness (Signature) OODNAU H POKHAN
kti iLA NA,L►�x 1-\1'\J .__5-a- a ffa.�4-.e GG 1�ow.--s-/ Cl`"
Name (Print or Type) /4wr .
Witness (Signature)
Name (Print or Type)
DATED: ,Z 19-/4
.& /ti7
Witness (Signature) VIJArNT1 POK AN
NAI 6- ( -A-11"kitiNjrcitAYI,,,
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and legality:
I.
AL£
Assistant 'unty Attorney
CA
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16A
6
..„ F
GOLDEN GATE BOULEVARD (CRI 876)
195+00 '96+00 197+00 198+011 199+00 200+00
8
POINT OF
Y 50, J `COMMENCEMENT
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N89'31'08"E 329.98'
SOUTH LINE OF ::::::���:�:�:�:�:�:�:�:�:�:�:� �: POINT OF
i NORTH 50' OF ♦♦♦♦♦.� ♦��������������� -1 BEGINNING
TRACT 25 ....��IL_�_._i..a � . �-
8 L7 co 1��I&Ak...a .�� v L3
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I PROPOSED ROADWAY EASEMENT
i PARCEL 334 RDUE
8: 14,139 S0. FT.
b
R i WEST LINE OF f
1 TRACT 25 EAST LINE 0..F./
N TRACT 25
z TRACT 25
GOLDEN GATE ESTATES
UNIT 81
TRACT 24 PLAT BOOK 5 PAGE 19 TRACT 40
's
w POKHAN
OR 2648/2181
,13 EXHIBIT , /=4
ti
. Page____ _ol i
8 N
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W - -E
LINE TABLE
u LINE BEARING LENGTH
3 S L1 SO0'28'28"E 50.00' ,
L2 SO0'28'28"E 40.00'
L3 S89'31'08"W 70.00'
SO. FT. SQUARE FEET L4 SOO'28'31"E 7.00'
OR OFFICIAL RECORDS (BOOK/PAGE) L5 S89'31'08"W 149.97'
N9 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) L6 NO0'28'58"W 8.00'
EXISTING ROADWAY EASEMENT DEDICATED TO, THE PERPETUAL L7 S89'31'08"W 110.00'
��� LB NO0'28'30"W 39.00'
/ USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 19
LEGAL DESCRIPTION FOR PARCEL 334 ROUE
A PORTION OF TRACT 25, GOLDEN GATE ESTATES, UNIT 81 AS RECORDED IN PLAT BOOK 5, PAGE 19 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 25;
THENCE S.00'28'28"E., ALONG THE EAST LINE OF SAID TRACT 25, FOR 50.00 FEET TO A POINT ON THE SOUTH LINE
OF THE NORTH 50 FEET OF SAID TRACT 25 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUE S.00'28'28"E., ALONG SAID EAST LINE, FOR 40.00 FEET; TECM - ROW
THENCE S.89'31'08"W., FOR 70.00 FEET;
THENCE S.00'28'31"E., FOR 7.00 FEET: FEB 0 1 2010
THENCE S.89'31'08"W., FOR 149.97 FEET;
THENCE N.00'28'58"W., FOR 8.00 FEET;
THENCE S.89'31'08"W , FOR 110.00 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 25;
THENCE N.00'28'30"W., ALONG SAID WEST LINE, FOR 39.00 FEET TO A POINT ON SAID SOUTH LINE;
THENCE N.89'31'08"E., ALONG SAID SOUTH LINE, FOR 329.98 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL.
CONTAINING 14,139 SQUARE FEET, MORE OR LESS.
0 40 50 160 BY:
!A. D. PROFESSIONAL SURVEYOR& MAPPER
SKETCH & DESCRIPTION ONLY REGISTRA CERn TE NO. 5301
NOT A BOUNDARY SURVEY SCALE: 1-.80' ENING DATE:
Of
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AARORIDA REGISTERWITHOUT EDEPROFESS OR���MAPPE�R SEAL
GOLDEN GATE BOULEVARD
11)11/8)%=„.
SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT CO`S TI 1 it lv t
.A. oo
PARCEL 334 RDUE aero Waaw Pant Drive,Sults 200
Naples,Randa 34109
COLLIER COUNTY, FLORIDA Phone:12391597-0575 FAX:(239)5970578
LB No.:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
050217.00.01 0001 REV 01 6 49 28 1" = 80' DEC. 2009 D.W.J. SK 334 1 OF 1
16A 6
This document was prepared by:
Doodnauth Pokhan
7145 40th Street NE
Naples, Florida 34120
Return To:
Doodnauth Pokhan •
7145 40th Street NE
Naples,Florida 34120
DURABLE POWER OF ATTORNEY
OF
Doodnauth Pokhan
DOC#515802530
16 A 6
I. PRINCIPAL AND ATTORNEY-IN-FACT
I, Doodnauth Pokhan, also known as John, who reside at 7145 40th Street
NE, Naples, Florida 34120, appoint the following person to serve as my attorney-
in-fact, to act for me in any lawful way with respect to the subjects indicated
below:
Vijanti Pokhan
Naples, Florida
If Vijanti Pokhan resigns or is unable or unwilling to serve or continue to
serve as my attorney-in-fact, I appoint the following person to serve as my
successor attorney-in-fact:
Shanta Patricia Ramlakhan
Naples, Florida
II. EFFECTIVE TIME
This durable power of attorney is effective immediately and is not
terminated by the subsequent incapacity of the principal except as provided in
Chapter 709, Florida Statutes.
III. POWERS OF ATTORNEY-IN-FACT
To the extent permitted by law, my attorney-in-fact may act in my name,
place, and stead in any way that I myself could with respect to the following
matters:
YOUR ATTORNEY-IN-FACT SHALL BE AUTHORIZED TO ENGAGE
ONLY IN THOSE ACTIVITIES THAT ARE INITIALED.
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REAL ESTATE TRANSACTIONS:
• Manage, sell, transfer, lease, mortgage, pledge, refinance,
insure, maintain, improve, collect and receive rent, sale
proceeds, and earnings, pay taxes, assessments, and charges,
and perform any and all other acts with respect to real property
and interests in real property that I own now or later acquire. If
I am married, my attorney-in-fact may not mortgage or convey
homestead property without the consent of my spouse, or my
spouse's legal guardian.
• Defend, settle, and enforce by litigation a claim to real property
and interests in real property that I own now or later acquire.
• Buy, lease, or otherwise acquire real property or an interest in
real property, including the authority to enter into listing
agreements and purchase and sale contracts, and to sign escrow
instructions.
• Execute deeds, mortgages, releases, satisfactions, and other
instruments relating to real property and interests in real
property that I own now or later acquire.
• Hire and discharge accountants,bookkeepers, property
managers, and other professionals providing services related to
real property and interests in real property that I now own or
later acquire.
(T ) TANGIBLE PERSONAL PROPERTY TRANSACTIONS:
• Buy or otherwise acquire ownership or possession of, sell or
otherwise dispose of, mortgage, pledge, assign, lease, insure,
maintain, improve, pay taxes on, otherwise manage tangible
personal property and interests in tangible personal property
that I now own or later acquire.
STOCK AND BOND TRANSACTIONS:
• Buy, sell, pledge, and exchange stocks, mutual funds, bonds,
options, commodity futures, and all other types of securities in
my name.
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• Sign, accept, and deliver in my name certificates, contracts, or
other documents relating to the foregoing, including
agreements with brokers or agents.
• Exercise voting and other rights and enter into agreements
relating thereto.
• Hire and discharge professionals providing services related to
the management and investment of any securities in my name.
BANKING AND FINANCIAL TRANSACTIONS:
Conduct any business with banks, savings and loan associations,
credit unions, and other financial institutions, including the
authority to:
• Sign and endorse all checks and drafts in my name.
• Deposit and withdraw funds from accounts.
• Open, maintain, and close accounts or other banking
arrangements.
• Open, continue, and have access to all safe deposit boxes, and
add and remove items from them.
• Borrow money, pledge property as security, and negotiate
terms of debt payments.
• Apply for and receive letters of credit, credit cards, and
traveler's checks, and give an indemnity or other agreement in
connection with letters of credit.
• Conduct banking transactions provided in section 709.2208(1).
( �) BUSINESS OPERATION TRANSACTIONS:
• Buy, sell, expand, reduce, or terminate a business interest,
including shares in a corporation, membership interests in a
limited liability company, and partnership interests in a general,
limited, or limited liability partnership.
• Manage and operate any business or business interest that I
now have or later acquire, including the authority to:
• Enter into, amend, enforce, and terminate any business
contract.
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• Disburse, receive, and demand money in the operation of
the business.
• Merge, reorganize, or sell a business or part of a business.
• Determine the location, nature, and method of operating
the business.
• Hire and discharge employees and agents.
• If an agent is permitted by law to act for a principal, and subject
to the terms of any partnership or operating agreement, perform
any duty and exercise any right, power, or privilege that I have
under a partnership or operating agreement, to enforce the
terms of a partnership or operating agreement, and to defend,
arbitrate, and settle any legal proceeding to which I am a party
because of membership in a partnership or limited liability
company.
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16 A 6
• Exercise a right, power, or privilege that I have as the holder of
a bond, share, or instrument of similar character and to defend,
arbitrate, and settle any legal proceeding to which I am a party
because of any bond, share, or similar instrument.
INSURANCE AND ANNUITY TRANSACTIONS:
• Obtain, modify, renew, convert, rescind, pay the premium on,
or terminate insurance and annuities of all types for myself and
for my family and other dependents.
• Designate the beneficiary of the contract, but the attorney-in-
fact may be named a beneficiary of the contract, or an extension,
renewal, or substitute for it, only if the attorney-in-fact was
named as a beneficiary under a contract procured by the
principal before signing this power of attorney.
• Surrender and receive the cash value, borrow against, or pledge
any insurance or annuity policy.
(7 � ) ESTATE AND TRUST TRANSACTIONS:
• Act for me in any trust, probate, guardianship, conservatorship,
custodianship proceeding fund from which I am now, claim to
be, or later become entitled, as a beneficiary, to a share or
payment, including the authority to sign petitions, objections,
waivers, consents, receipts, settlements, and other agreements
relating to the above-referenced matters or proceedings.
• Transfer any of my property to a living trust that I created as a
grantor before this power of attorney was signed.
• Sign a qualified disclaimer pursuant to Internal Revenue Code
Section 2518 and applicable state law.
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16A6
( pp ) LEGAL ACTIONS:
To act for me in all legal matters, whether claims in my favor or
against me, including the authority to retain and discharge
attorneys on my behalf; appear for me in all actions and
proceedings, commence actions in my name, sign all documents,
submit claims to arbitration or mediation, settle claims, and pay
judgments and settlements.
(��) PERSONAL AND FAMILY CARE:
To do acts necessary to maintain my customary standard of living,
and that of any individuals legally entitled to be supported by me,
including the authority to provide and pay for medical care,
shelter, clothing, food, usual vacations, education, transportation,
and dues for social organizations. My attorney-in-fact is specifically
authorized to hire and compensate household, nursing, and other
employees necessary for my well-being and that of any individuals
legally entitled to be supported by me, and to enter into contracts
and commit my resources with respect to the provision of my
residential care in a convalescent hospital,skilled nursing home,or
alternative residential facility.
(2 f9 ) GOVERNMENT BENEFITS:
Claim and collect benefits from the Social Security Administration,
including retirement benefits, supplemental social security, and
social security disability benefits and, Medicare, Medicaid, or state,
local, and other government programs or civil or military service.
(2/') RETIREMENT PLAN TRANSACTIONS:
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• To contribute to, withdraw from and deposit funds in any type
of retirement plan (which term includes, without limitation, any
tax qualified or nonqualified pension, profit sharing, stock
bonus, employee savings and other retirement plan, individual
retirement account, deferred compensation plan and any other
type of employee benefit plan); select and change payment
options for the principal under any retirement plan; make
rollover contributions from any retirement plan to other
retirement plans or individual retirement accounts;exercise all
investment powers available under any type of self-directed
retirement plan; and, in general, exercise all powers with
respect to retirement plans and retirement plan account
balances which the principal could if present and under no
disability.
• Designate beneficiaries.
• Waive my right to be a beneficiary of a joint or survivor
annuity.
( i' ) GIFTS:
Make gifts from my assets, including debt forgiveness. My
attorney-in-fact is permitted to give any of my assets, interests or
rights, directly or indirectly, to himself or herself, or to his or her
creditors.
Iv. GENERAL PROVISIONS
1) Reliance By Third Parties. I hereby agree that any third party receiving a
duly executed copy of this document may rely on and act under it.
Revocation or termination of this power of attorney will be ineffective as
to a third party unless and until that third party receives written notice of
the revocation or termination. Notice to a financial institution is subject to
the requirements of section 709.2121, Florida Statutes. For myself and for
my heirs, executors, legal representatives, devisees, and assigns, I hereby
agree to indemnify and hold harmless any third party from any and all
claims because of good faith reliance on this instrument.
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2) Severability. If any provision in this power of attorney is found to be
invalid or unenforceable, this invalidity or unenforceability will not affect
the other provisions of this document, and the other provisions will be
given effect without the invalid or unenforceable provision.
3) Revocation. I may revoke this power of attorney at any time. Any
revocation of this power of attorney must be in writing signed by me.
4) Maintenance of Records; Accounting. My attorney-in-fact must maintain
records of all actions taken on my behalf, including transactions, receipts,
disbursements and investment. My attorney-in-fact shall provide an
accounting for all funds handled and all acts performed as my attorney-in-
fact, but only upon my request, the request of a personal representative or
a fiduciary acting on my behalf, or court order. Any requirement of my
attorney-in-fact to file inventories and accounts with the county clerk or
with the court is specifically waived.
5) Compensation and Reimbursement. My attorney-in-fact is entitled to
reasonable compensation for services provided on my behalf pursuant to
this power of attorney. My attorney-in-fact will be reimbursed for all
reasonable expenses incurred relating to his or her responsibilities under
this power of attorney.
6) Personal Benefit Permitted.If my attorney-in-fact is acting in good faith
and in my best interests, my attorney-in-fact may personally benefit or
profit from transactions taken on my behalf.
7) Liability of Attorney-in-Fact. All persons or entities that in good faith
endeavor to carry out the provisions of this power of attorney will not be
liable to me, my estate, or my heirs for any damages or claims arising
because of their actions or inactions based on this power of attorney. My
estate will indemnify and hold them harmless. A successor attorney-in-
fact will not be liable for the acts of a prior attorney-in-fact.
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8) Authority to Record, Register, or File. My attorney-in-fact may record,
register, or file this power of attorney and other necessary and appropriate
documents as required to carry out the powers granted herein.
9) Copies. A copy of this durable power of attorney shall be effective as an
original for all purposes.
IN WITNESS WHEREOF, the undersigned has executed this power of attorney
on the date set forth below.
Date:Z ,26 /G 1 /
Signature of Doodnauth Pokhan
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WITNESSES
By signing as a witness, I am acknowledging the signature of the principal who
signed in my presence, and the fact that he or she stated that this power of
attorney reflects his or her wishes and is being executed voluntarily. I believe the
principal to be of sound mind. I have not been appointed as attorney-in-fact by
the principal, am not related to him or her by blood, marriage, or adoption, and,
to the best of my knowledge, am not entitled to any portion of his or her estate
under his or her last will and testament or living trust.
1. �t Ar t/
` .,r J'(/ /1/1.074 ‘-a€1
(Suture of witness) (Print Name)
154-7 Ed/la 611df� f
(Address)
Irl el F. 31 /9
q
(City,St te,ZIP)
A., I(cA a M a cy �s
(Signature of witness) (Print Name)
IS-215 COIUi.er iirct 2Ol
(Address)
Na OS � FL g / 111
(City,State,ZIP)
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ACKNOWLEDGMENT
OF NOTARY PUBLIC
State of Florida
County of ��di,11
The foregoing instrument was acknowledged before me this 46 day of
re,b, . , 20(Co, by Doodnauth Pokhan.
Notary Signature
ThVte
P ► , TYPE OR STAMP NAME OF NOTARY
0,.;;'44. JILL MCINTOSH
MY COMMISSION 1 FF 906168
* " EXPIRES:August 3,2019
'van. {3(4.10 nruWcNtNeggYllhMM
(SEAL)
Personally known
OR Produced identification
Type of identification produced 1LC-
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