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Hawthorne Suites
MEMORANDUM DATE: TO: FROM: October 4, 2000 Maureen Kenyon, Supervisor, Clerk to Board Shirley Nix, Engineering Technician IIz~>~ Project Plan Review RE: Hawthorne Suites Water and/or Sewer Facilities Acceptance ~~a c c~e~t O~ . 200 ~The Board of County Commissioners ~a anceg of The water and/or sewer facilities within the above-referenced project. Attached, please find the following recorded documents, in order: 1. Utilities Facilities Subordination, Consent and Joinder 2. (2) UCC-3' S 3. Bill of Sale 4. Temporary Utility Easement 5. Utilities Facilities Warranty Deed Also, please find attached the following documents for your files. 10. 11. Owner's Affidavit Attorney's Affidavit Copy of preliminary approval letter from Engineering Review Copy of Letter of Credit Engineer's final payment confirmation Certification of pressure testing of water lines by Engineer of Record Memorandum to Maureen Kenyon, Supervisor, Clerk to Board October 4, 2000 Page Two 12. 13. Bacteriological clearances (DER certification) for water facilities DER Placement-in-Service letter for sewer facilities 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Contractor's Final Release of Lien Lab results on bacteriological test for water lines Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements Contractual Guarantee for material and workmanship for a period of at least one year after the Board of County Commissioners' acceptance for both water and sewer facilities Payment of water usage, laboratory and administrative charges for filling, flushing and bacteriologically certifying water lines from invoice prepared by the Utilities Division Letter from fire district regarding ownership and maintenance of fire hydrants and certification of field fire flow capacity testing Copy of backflow prevention assembly test report Certification of the inflow/infiltration test for the sewer lines by Engineer of Record Coating certification of man holes, wet wells and dry well from manufacturer 24. Copy of video tape test report Memorandum to Maureen Kenyon, Supervisor, Clerk to Board October 4, 2000 Page Three 25. Letter from Compliance Services section certifying that the final inspection reveals that the Utility facilities have been constructed in accordance with County ordinances and regulations If you have any questions, please call and advise accordingly. attachments doc:2094-2 Dwight E. Brock Clerk 'County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 £iEPU'T'¥ E L E,'~,... OFFICIAL RECEIPT When Validated BRANCH OFFICES: GOLDEN GATE 4839 GOLDEN GATE PARKWAY GREENTREE SHOPPING CENTER 2386 IMMOKALEE ROAD IMMOKALEE 101 S. FIRST STREET MARCO ISLAND 1040 WlNTERBERRY DRIVE EVERGLADES CITY 207 BROADWAY AVENUE RECE I PT: PAYOR: REF: 3276 1 55 BCC 113 138312 63 649(:;3(:) SHIRLEY NIX/ENGINEERING DESCRIPTION CHECK AMT ================================== RECORDING OF LEGAL INSTRUIqEN 74.00 P.R.Id.T.F. RECORDII'qG FEE 1i.50 DOCUMEN]"ARY STAMPS - 70 1.40 'rD,: 6 i]IOCUt'flEI'-I'TS DOC TYP SUBORD RUCC RUCC Z'~ SALE ESNT BE E D FILE ID BOOK PAGE 26~9856 '-""-' -"'"'z., ~..- Q'795 . '-.~ ,~. C' ,.-.:, ~ ~:r.I '7 ,m -~ -', .'-~ ~_~c~, ~,_, 2'7:,'22 . DEPT: R E C 0 R r) I N G TOTAL DUE: 86.90 Form 22 - Rev. 5/22/89 (Utilities Facilities · Subordination Consent and .,'~, ' Joinder) Utilities Acceptance UTILITy FACILITIES SUBORDINATION, CONSENT ~ JOIN]DER THIS SUBORDINATION, E ~aereina~! ~vuu, Dy Fi~ .... BOD IONERs OF CO g_~ee ), ~,~ fay _Florid= _ Y OF COLLIER ~n,~,~ ...... LLIER COUNTY or of the BOARD COLLI ~o~x.,-kNO , FLORIDA OF ,L gOUNT WATER_SE,., A£ ×-OFFiCiO THE SO ' AS SOVE INS t~erezna~ter ~ .... "~ ~ZSTRICT i~_ VERNING BOARD SZngular or plural as the context requires; ' -=~=z-re~ to as ,Coun~,,~ S~c~sors and as~g~E , ~ '' ~oregagee is Used a~ WI TNE S S E TH : WHEREAS, Mortgagee is the owner and holder of that certain Mortgage, Assignment of Rents and Income as Collateral Security, and UCC-i, as recorded in Official Records Book 2620, Pages 2960 through 2968, inclusive; in Official Records Book 2620, Pages 2969 through 2972, inclusive, and in Official Records Book 2620, Pages 2973 through 2975, inclusive, respectively, all of the Public Records of Collier County, Florida, and that certain UCC-1 filed with the Secretary of State (Document Number associated with said Mortgage, : 990000282939) (hereinafter collectively referred to as "Mortgage,,), encumbering the premises legally described therein, (hereinafter referred to as the "Encumbered Property,,). WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non- installation and maintenance of w~ff~ ~luslve easements for the OVer and across a portion of .... ~u sewer utility facilities described in Exhibit "A" attached the encumbered premises legally virtue of this reference, which premises are hereinafter referred to as the "Easement Property,,. hereto and incorporated herein by WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consi other good and valuable deration of TEN DOLLARs ($10.00) and hereby acknowledged, the consideration, the receipt of which is Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any water and sewer utility facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any water and sewer utility facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. ': IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. FIRST NATIONAL BANK NORTHWEST FLORIDA QBNAP\226855.1 STATE OF FLQRIDA co Ty OF I HEREBY CERTIFY that on~.this day, before me, a notary public duly authorized in the state and county ~boyeTnam.e,d to take acknowledg~nts, ..p~ers_o~ally appeared ~~ ~C\~JI~L as ~iC~_. ~51~~ of FIRST NATIONAL BANK NORTHWEST FLORIDA, to me known to be the person(s) described in and who executed the foregoing and acknowledged before me that said person(s) executed that document. WITNESS my ha~d and official seal in the county and state last aforesaid this~ day of ~]~~ , 2000. ( SEAL ) Notary Pub~ My Commission Expires: Prepared by: Timothy G. Hains, Esquire QUARLES & BRADY LLP 4501 North Tamiami Trail, Suite 300 Naples, Florida 34103 QSNAP\226855.1 Seminole Form UCC-3 STATE OF FLORIDA UNIFORM COMMERCIAL CODE STATEMENT OF CHANGE FORM UCC-3 (REV. 1993) This Statement of Change is presented to a filing officer pursuant to the Uniform Commercial Code: 1. Debtor (Last Name First if an Individual) la. Date of Birth or FEI~ BAY WINDS LODGING, L.L.C. lb. Mailing Address 26180 Mira Way 2. Additional Debtor or Trade Name (Last Name First if an Individual) 2b. Mailing Address 3. Secured Party (Last Name First if an Individual) lc. City, State Bonita Springs, 2c. City, State FL ld. Zip Code 34134 2a. Date of Birth or FEI# Zip Code FIRST NATIONAL BANK NORUnSflEST FLORIDA 3a. Mailing Address 1 3b. City, State / Panama City, FL 101 E. 23rd Street, P.O.Box 59900 4. Additional Secured Party (Last Name First if an Individual) 3c. Zip Code 32412 4a. Mailing Address 4b. City, State 4c. Zip Code This Statement refers to original Financing Statement~ OR Book 2620, A. [~1 Continuation- B. J~l Release- C. {~ Full Assignment - D. [~1 Partial Assignment - E. [~ Amendment- F. [~1 Termination- G. {~1 Other- Page 2973, filedon 12/13/99 in the public records of Collier County, Florida. The original Financing Statement between the Debtor and Secured Party bearing the file number shown above is continued. The Secured Party releases the collateral described in Block 7 below from Ihe 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 assigned to the assignee whose name and address is shown in Block 7 below. Some of Secured Party's rights under the Financing Statement have been assigned to the assignee whese name and address Is shown in Block 7. A description of the collateral subject to the assignment ia also shown in Block 7. The Financing Statement bearing the file number shown above is amended as set forth In Block 7. (See instructions for signature requiremenls.) The Secured Party no longer claims an Interest under the Financing Statement bearing the file number shown above. 7. Description of collateral released or assigned, Assignee name and address, or amendmenl. Use additional sheet(s) if necessary. RECORD OWNER: Bay Winds Lodging, L.L.C. LEGAL DESCRIPTION: See attached sheet for complete Description See Exhibits "A" and "B" attached and made a part hereof. 8.~Sigpatu~re(s) o.f Debtor(s): (only if amendment - see instructions) BAy WINI'lq LODGIN( ,.. ,..c., ~anag~ng Member: Thomas D. Whl~: , of Secured party(les): FIRST NATIONAL BANK NORTHWEST FLORIDA Print Name: F~/~ ~ 10. Number of Additional ~heets Presentea 2 11. Return Copy lo: Name Address Address City, State, Zip [/__ QUARLES& BRADY T,T~ Timothy G. Hains, Esq. 4501 North Tamiami Trail, Naples, Florida 34103 #300 This space for use of Filing Officer 2689856 OR: 2722 PG: 0795 ;, RECORDED in OFFICIAL R~CORDS of COLLIER COUNTY, FL 09/15/2000 at 02:03PM D~IGHT H. BROCK, CLERK RBC FHB 15.00 Retn: SHIRLEY NIX/NNGINBBRING REVIEW HORSESHOE DRIVH BIT 5586 FILING OFFICER COPY STANDARD FORM - FORM UCC-3 Approved by Secretary of State, State of FIorida LEOAL Di~K~RIP~ON BEING PART OF TRACI~ 29 AND 44, OF GOLDI~N OATE ESTA~ UNIT 35, A,q~EDIN PLAT BOOK7, PA~85 OF THE PUBLIC RECORI~ OF COLLIER COUNTY, FLORIDA. Be~n~;"=. st l]~ northeast cotn~r of Tra;t 2.9, of Ooid~ Gn~ ~ Unit 35, as ~ 7, ~ ~ .f~t~ l~,~ ~ ofColUer ~, ~ ~ ~e of T~ ~, of ~ ~!~ ~ ~ U~t 35, S~h ~ ~~ ~e S~ 00°19'10" W~ 4~.~ ~ ~ ~O ~ ~ 08~0~5~ ~ ~.~I ~ m a ~ of~ 10.95 ~ ~ ~ ~ ofa ~ ~ ~ ~ m ~ ~ ~ ~ S~ 08°~'24' ~ 10.~ f~ ~ a ~t on ~ ~ of ~ 1.~ f~ ~ ~ ~ ~e of 16~' I ~ ~ ~ ~~h ~ N~ 08'~'18~ ~ ~.81 ~ m a~t of~ a ~ ofgl.~ ~~a~ ~ of 1~54'1~ ~ ~y15.71 ~ ~ ~ ~ ofa ~ ~ ~ c~ve ~'~ W~ 2~.~ ~ ~19'!~ ~ 430.~ ~ m ~ ~ ~ of~d T~ ~ . ~ ~ ~ ~ ~ ~ ~T~ ~,,~ ~40'~' ~ 191.~ ~ m ~ of~ of~ ~ d~ ~ Benlings ate ~ on tl~ ~ l;ne ofs~td Tract 44, Gokie~t c~e Estates Unit 35, as EXHIBIT "B" Together with and including but not limited to: (a) All building products and construction materials now or hereafter delivered to the property and intended to be installed therein; All architectural plans and specifications as well as building permits and permits from other regulatory agencies related thereto; and (b) All personal property, furniture, fixtures, tools, equipment and attachments (excluding titled vehicles), including but not limited to all machinery, material, apparatus and systems of every nature and description for lighting (including bulbs and fluorescent tubes), telephone, heating, cooking, refrigerating, plumbing, irrigation, security alarm, fire and burglar alarm, vacuum cleaning, air conditioning, the transmission of sound, fire prevention or extinguishing, sprinkler systems; all motors, engines, generators, boilers, pumps, tanks, ducts, fixtures, escalators, elevators and switchboards; all furnishing, furnaces, heaters, fuel, stoves, ovens, ranges, dishwashers, microwave ovens, refrigerators, appliances, kitchen cabinets, bathroom fixtures and equipment, awnings, window screens, draperies, window shades, venetian blinds, screen doors, combination windows, combination doors, storm doors and storm windows; carpets, rugs and other floor coverings; and (c) All easements, sewer rights, waters, storm water retention rights, water rights, tenements, hereditaments, and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by the Debtor; and (d) All supplies, inventory, raw materials, work in progress, books, records, contract rights, general intangibles, utility deposits, and accounts receivable; and (e) In regard to the paragraphs hereinabove, individually and collectively, they shall apply to items now or hereafter located upon, now owned or hereafter acquired, affixed or not affixed, used or adapted for the present operation of the property or business; and (f) In regard to the paragraphs hereinabove, individually and collectively, they shall include all insurance policies and the proceeds thereof, together with all replacements, replenishments, substitutions, products and proceeds of sales thereof; and (g) In regard to the paragraphs hereinabove, individually and collectively, they shall include all as are usual and incidental to the operation of the Debtor's business to be located at Pineridge Koad and 1-75, Naples, Florida 34109 or any other place where Debtor may carry on business. Seminole Form UCC-3 STATE OF FLORIDA UNIFORM COMMERCIAL CODE STATEMENT OF CHANGE FORM UCC-3 (REV. 1993) This Statement of Change is presented to a filing officer pursuant to the Uniform Commercial Code: '1. Debtor (Last Name First if an Individual) BAY WINDS LODGING, L.L.C. lb. Mailing Address la. Date of Birth or FEI~ I c. City, State ld. Zip Code 26180 Mira Way Bonita Springs, FL 34134 2. Additional Debtor or Trade Name (Last Name First if an Individual) I 2a. Date of Birth or FEI# 2b. Mailing Address, 2c. City, State 2d. Zip Code i3. Secured Party (Last Name First if an Individual) FIRST NATIONAL BANK NORTHWEST FLORIDA 3a. Mailing Address 101 E. 23rd Street, P.O.Box 59900 4. Additional Secured Party (Last Name First if an Individual) 3c. Zip Cede 32412 3b. City, State Panama City, 4a. Mailing Address I4b. City, State 4c. Zip Code This Statement refers to original Financing Statement bearing file number: A. [~ Continuation- B. ~ Release- C. [~1 Full Assignment - D. {~1 Partial Assignment - E. [~1 Amendment- F. ~ Termination- 990000282939 filed on 12/16/99 with the Florida Secre .ta.~ of State The original Financing Statement between the Debtor and Secured Party bearing the file number shown above is continued. The Secured Party releases the collateral descrlhed in 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 rtghta under the Financing Statement have been assigned to the assignee whose name and address is shown in Block 7 below, Some of Secured Party's rights under the Financing Statement have been aseigned to the assignee whose name and address is shown in Block 7. A description of the collateral subject to the assignment is also shown in Block 7. The Financing Statement bearing the file number shown above Is amended as set forth in Block 7. (See Instructions for signature requirements.) The Secured Party no longer claims an interest under the Financing Statement bearing the file number shown above. G. [~ Other- Description of collateral released or assigned, Assignee name and address, or amendment. Use additional sheet(s) if necessary. b7. RECORD OWNER: Bay Winds Lodging, L.L.C. LEGA/LDESCRIPTION: See attached sheet for complete Description See Exhibits "A" and "B" attached andmade apart hereof. 8. Slgnatum(s)ofDebtor(s):(onlyifamendment-seainstru~ions) BAY WINDS LODGI~ L.L.C, Managing Member: Thomas D. White 9. Signatur~s)ofSecured party(les): FIRST NATIONAL BANK NORTHWEST FLORIDA 10. Number of Additional Sheets Presented 2 11. Return Copy to: Name Address Address City, State, ZipIl___ QUARLES & BRADY T3~ Timothy G. Hains, Esq. 4501 North Tamiami Trail, Naples, Florida 34103 #300 This space for use of Filing Officer 2689857 OR: 2722 PG: 0798 RECORDED in OFFICIAL RECORDS of COLLIER COUNT¥, FL 09/15/2000 at 02:03PM DWIGHT E. BROCK, CLERK REC FEB 15.0( Retn: SHIRLHY NIX/BNGINBBRING RBVIBW HORSBSHOB DRIVB BXT 5586 F { t I N (~ O F F I C E R C O PY STANDARD FORM - FORM UCC-3 Approved by Secretary of State, State of Florida LEOAL DESCRIFI~ON ' BEING PART OF 'rRAcr~ 2~ AND 44, OF (KH.DEN OATE ESTATES UNIT 3~, AS~IN PLAT O~ ~ lq~LIC 1/~COKI~ OF COLLI~ COUNTY, l~O~A. ~ ~ tim said no~h !~_ 3ouCh 00'19'10" W/~st 430,00 f~-t~ Thence No~h 89'40'50" West 4.00 feet; Thence Somh 00'19'10' West 112.60 emt l~v~n~ a radons of gl.O0 f~ ~sm~h s central ang~ of 16'54'17" md betn~ s~l~r a chord which l~ms South 0800'/'5S" Esst ~.81 feet, to a point ofr~erse west having n rad~s o£81.00 l~et ~ a cemral ang~ of 16~54' 17" and bein~ ml~mded by a e~otd which l~srs ~ou~ OS*OT'SS" P-~t 2~.Sl feet;_ Thence South 00019'i~ We~t 26.23 West 51.7~ Thence leav/ng the sa/dmmh right=of-way Nog~h 00'19'10" East 34J1 ~; T'mmce northedy 23.90 feet alon~ I!~ a~ ora tangential ~ ~ ~ m tl~ e~t hnvin~ a radius of [I.00 feet t~ough a cra=al angl~ of 16~54.17., and l~ing sub0ngled by · d~otd ~ l~s~ Nort~ 0~46'18" East 23.[ i f~q, to a ix~int of~ wcst~ a radius ofSl.O0 ~tct ~ a cenkal angle of 16'54'17" and Ix:in8 . subtmd~l by a chnnl which beats No~h 08046' 18' East 23Ji. feet; Them~ Nm~h 00°19'10" F4nst 102.60 feet; Thence nmb and wum-lyl$.71 R~ along ~ m: ofa tangmtM circular ~u-ve con, a--ye being sulmmded by · dm~cl ~ bem~ North 44040'50" West 14.14 feet; Then~ Nm'th 00'19'10' East 430.00 feet, to tl~ north ~ ofnid Tm 29, Bentings a~ Inued oa th~ not~ I~,e ~ T~ ~, ~ ~ ~ U~ 35, ~ EXHIBIT Together with and including but not limited to: (a) Ail building products and construction materials now or hereafter delivered to the property and intended to be installed therein; All architectural plans and specifications as'well as building' p~rmits and permits from other regulatory agencies related thereto; and (b) All personal property, furniture, fixtures, tools, equipment and attachments (excluding titled vehicles), including but not limited to all machinery, material, apparatus and systems of every nature and description for lighting (including bulbs and flu°res.cent tubes), telephOne, heating, .cooking, refrigerating, plumbing, irrigation, security alarm, fire and burglar alarm, vacuum cleaning, air conditioning, the transmission of sound, fire'Prevention or extinguishing, sprinkler systems; all motors, engines, generators, boilers, pumps, tanks, ducts, fixtures, escalators, elevators and switchboards; all furnishing, furnaces, heaters, fuel, stoves, ovens, ranges, dishwashers, microwave ovens, refrigerators, appliances, kitchen cabinets, bathroom fixtures and equipment, awnings, window screens, draperies, window shades, venetian blinds, screen doors, combination windows, combination doors, storm doors and storm windows; carpets, rugs and other floor coverings; and (c) All easements, sewer rights, waters, storm water retention rights, water rights, tenements, hereditaments, and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by the Debtor; and (d) All supplies, inventory, raw materials, work in progress, books, records, contract rights, general intangibles, utility deposits, and accounts receivable; and (e) In regard to the paragraphs hereinabove, individual.ly and collectively, they shall apply to items now or hereafter located upon, now owned or hereafter acquired, affixed or not affixed, used or adapted for the present operation of the property or business; and (f) In regard 'to the. paragraphs hereinabove, individually and collectively, they shall include all insurance policies and the proceeds thereof, together with all replacements, replenishments, substitutions, products and proceeds of sales thereof; and (g) In regard to the paragraphs hereinabove, individually and collectively, they shall include all as are usual and incidental to the operation of the Debtor's business to' be located at Pineridge Road and .I-75, Naples, Florida 34109 or any other place where Debtor may carry on business. o o Form 9 - Rev. 4/28/89 (Bill of Sale) Utilities Acceptance Doc. #320 This Instrument Prepared by: Timothy G. Hains, Esquire QUARLES & BRADY LLP 4501 North Tamiami Trail, #300 Naples, Florida 34103 2689858 OR: 2722 PG: 0801 RECORDED in 0FPICIAL RECORDS of COLLIER COUNTY, ]~L 09/15/2000 at 02:03PM DWIGHT ~. BROCK, CLERK REC FEE 15.00 Ratn: HORSESHOE DRIVE EXT 558~ BILL OF SALE BAY WINDS LODGING/HAWTHORNE SUITES WATER AND SEWER UTILITIES THIS BILL OF SALE evidencing the sale and conveyance of the water utility facilities described herein is made this ~ day of /'/~7/ , 2000, by BAY WINDS LODGING, L.L.C., a Florida limited liability company, (hereinafter "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 "Buyer"). W I T N E S S E T H: That said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has 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 water and 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: Ail water and sewer facilities located within Lot 1 and Tract R of the Plat of NAPLES GATEWAY PHASE I, as recorded, or to be recorded in the Public Records of Collier County, Florida, more particularly described on attached EXHIBIT "A", The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as water and sewer utility facilities; that 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 date and year first above written. Witnesses: BAY WINDS LODGING, L.L.C., a Florida limited liability company ~~,&~ By: RONALD D. WHITE, as Managing Member QBNAP\217095.1 OR: 2722 PG: 0802 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of /~/ , 2000, by RONALD D. WHITE, as Managing Member of BAY WINDg LODGING, L.L.C., a Florida limited liability company, on behalf of the Company. He (/) is personally known to me or ( ) produced ~ --~ as identification, and he did~id not_~ke an oath. Notary Public (SEAL) My Commission Expires: DELORES A HANSEN NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC725738 MY COMMISSION EXP. MAR. 18,2002 QBNAP\217095 . 1 *** OR: 2722 PG: 0803 *** Exhibit A [Legal Description] BE1N(3 PART OF TRACTS 29 AND 44, .OF ~OLDBN OAT~ ESTATF. S ~T 3~, AS ~CO~ ~ PLAT BOOK 7, PAGE OF ~ ~LIC ~CO~S OF COLLAR CO~, ~O~A. Begi..i-g at Q~e aorth~t comer of Tract 29, of Ool~n Ga~ E~s U~t 35, ~ recorded ~ PI~ B~k 7, P~e 85 of~ public ~r~ of Collier Co~, Flo~da; ~enc~ ~o~ ~e no~ l~c ofT~t ~, ofs~d Ooldcn Oa~ Estates U~t 35, South 89~40'~0'' ~t 1 I8.03 f~ ~ce lea~g ~ ~d no~ line Sou~ 00°19'10'' W~ 430.~ f~t; ~cncc No~ 89040'~0" West 4.00 f~t; ~ence Sou~ 00'19,10" we~ 112.60 f~t; ~cncc soundly 23.90 f~t ~ong ~e ~ ora ~gcnti~ ci~ c~e ~n~ve to ~c e~t ha~ a ~ of 81.00 f~t ~ugh a ~n~l ~e of 16'~4' 1T' ~d ~ing subt~ded by a ~o~ ~ch ~ Sou~ 08'07'~8" ~ 2~.8I f~et, to a po~t of reverse c~e; ~encc soberly 23.90 feet ~ong ~e ~ ora ~gen~ ckc~ c~e ~ncave ~ ~c west ~vtn~ a ~ offSI.00 f~ ~rough a cen~ ~glc of 16e~4' 17" ~d ~g subtended by a ~ ~ch ~ Sou~ 08'07'58'' ~t 23.81 f~; Th~ Sou~ ~'19' I0' Wea 2~.23 ~; ~ence so~ly 10.95 f~ gong ~e ~ ora ~geng~ ci~ul~ c~e con,ye to ~ c~t hav~g a ~i~ of 34.00 f~ ~u~ a c~ ~gle of 18'27'08' ~d ~ng subtended by a ~o~ ~ch ~ Sou~ 08'~4'24' ~t 10.90 f~ to a ~t on ~e no~ ~ght~f-~y of(C.R. 8~6) Pine ~c Ro~; ~ence ~o~ ~e ~d no~ d~t-of-~y wc~rly ~1.79 f~t ~ong ~e ~c ora non- ~g~ti~ c~ c~e ~ve to ~e no~ having a ~i~ of ~654.~8 f~t ~ou~ a c~n~ ~e of00'31'~' ~d berg s~d~ by a cho~ wMch ~ No~ West 51.7~ f~ ~ence 1~ ~e ~d no~ ~ght~f-~y No~ ~'19'I0" ~t 34.81 feet; ~cncc no~edy 23.~ f~t ~ong ae ~ of a ~geng~ c~l~ c~c ~n~ve to ~e e~t having a ~ of 81.~ f~t ~u~ a ~n~ ~gle of 16'~' 1 ~' ~d being su~ded ~ a cho~ ~ch ~ No~ 0804~' 1 ~" ~t 23.81 fee~ to a point of reverse c~a~; ~n~ nobly 23.90 f~t ~ong ~e ~c ora ~gen~ c~c~ c~e ~n~ve to ~e west ~ a ~i~ of 81.00 feet ~ugh a c~ ~le of 16'~4' l ~' ~d being sub~ by a ~o~ w~ch ~ Ho~ 08'4~'18'' ~t 23.81 f~t; Thcn~ No~ 00'19' 10" ~t 102.~0 f~t; ~cn~ no~ ~d ~1y15.71 feet ~ong the ~ of a ~gen~ c~ c~e coneye ~ ~e sou~ ~ a ~ of I0.00 feet ~h a ~n~ ~gle of 90~00'00'' ~d ~ing sub~d~ by a cho~ ~ich ~ No~ ~'~0'~0" Wea 14.14 f~t; ~en~ N~ 89'40'~0' We~ 260.~ f~t; ~en~ No~ ~'1~'10' ~ 430,~ f~ ~ ~e no~ l~e or.id T~t 29; ~ence ~on8 ~e ~d ~ ~e ofT~ 29, Sou~ 89'40'50' ~ 19137 fe~ to ~e ~int ofBesi~!ng of~e h~ desc~d p~l. Subj~t m a 30.~ f~t d~t~f.~y ~ong ~e s~d no~ l~c of T~t 29 ~d ~, Bearings ate based on t~e north IL~e of said Tract 44, Golden Cate Estates U~t 35, as being South 89'40'S0" ~ Prepared by and Return to: Timothy G. Hains, Esquire QUARLES & BRADY 4501 North Tamiami Trail, #300 Naples, Florida 34103 2689859 OR: 2722 PG: 0804 RECORDED in 0FPICIAL RECORDS of COLLIBR COUNTY, ~L 09/15/2000 at 02:03PM DWIGHT B. BROCK, CLERK Retn: SHIRLEY NIX/ENGINEERING HORSESHOE DRIVE EXT 558~ D0C-.70 19,50 .70 GRANT OF TEMPORARY EASEMENT THIS EASEMENT, granted this ~ day of /~,~/ , 2000, between Bay Winds Lodging, L.L.C. A Florida limited liability company, 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, as Grantee. W I T N E S S E T H: WHEREAS, the Grantor is the owner of the property described in attached Exhibit A, which is the real property that is or will be the property platted as Naples Gateway Phase I, and WHEREAS, the Grantor is willing to grant to the Grantee a temporary easement for utility purposes over, under, upon and across the real property which is contiguous to the real property described on Exhibit A. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and the reliance thereon, and other good and valuable consideration passing among the parties, the Grantor hereby grants unto the Grantee, its heirs, successors and assigns, a temporary easement for the purpose of utilities over and across the real property described in Exhibit B, a copy of which is attached hereto and incorporated herein. This Grant and the easement created hereby shall automatically expire and terminate upon the recording of a Plat of real property which includes as a part thereof, the real property described on Exhibit B. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the day and year first above written. Signed, sealed and delivered in the presence of: WITNESSES: GRANTOR: BAY WINDS LODGING, L.L.C., A Florida Limited Liability Company nesses: Pr%nt Nam, e: ~rint Name :[,,~1)./~ By: · , as~~Managing Member QBNAP\217898 . 1 OR: 2722 PG: 0805 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of ~/~,~ , 2000, by RONALD D. WHITE, as Managing Member of BAY WINDS LODGING, L.C.C., a Florida limited liability company, on behalf of the Company. He (__) is personally known to identification, and he did~a-no-~ake an oath. OFFICIAL NOTARY SEAL DELORES A HANSEN OTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC725738 MY COMMISSION EXP. MAR. 18,20021 Print Name: '~_/f?v~i_ /~ Notary Public My Commission Expires: (SEAL) QBNAP\217898 . 1 OR: 2722 PGe 0806 Exhibit A NAPLES GATEWAY PHASE I BEING PART oF TRACT~ 29 AND 44, ,OF GOLDEN GATE ESTATES UNIT 35, AS RECORDED IN PLAT BOOK 7, PAGE OF THE PUBLIC RECORDS OF COLLrER COUNTY, FLORIDA. B~gi-,i,{,mg at the uorthmamt comer reco~ed ~ Pl~ B~k 7, P~e 8S of~e public ~r~ of Collier Co~, Flo~da; ~encu ~o~ ~e no~ l~e ofT~t ~, ofs~d Ooldcn Oa~ Es~tes U~t 3~, South 89°40'~0'' ~t 118.03 ~cncc No~ 89~40'~0" W~st 4.00 f~t; ~ence soundly 23.90 f~t ~on8 ~e ~ ora ~genti~ ci~ c~e ~n~ve to ~e c~t ha~ a ~ orS1.00 f~t ~uih a ~n~l ~e of 16°~4' 17" ~d ~ing sub,haled by a chofl ~ch ~ Sou~ 08'07'~8" ~ ~.8I f~t, to a po~t of ruvers~ ~enc~ soberly 23.90 feet ~ong west ~v~ a ~ of al.00 subtended by a cho~ ~ch ~ Sou~ 08'07'f8" ht 23.81 f~; ~ence so~.iy I0.9~ f~ floug c~t hav~{ a ~i~ oft4.00 f~ ~u~ a c~ ~gle of 18'27'08" ~d ~ng subtended by a cho~ ~h no~ ~ght~f-~y of(g.R. 896) Finn ~ Ro~; c~n~ ~ of00~tI,~- ~d berg s~d~ by a cho~ w~ch ~ No~ 87o16'0W' ~nce l~ng ~e ~d no~ fight~f, way No~ ~19'10" ~ 34,81 feet; e~t having a~ of81.~ f~t ~u~ ~ anut ~gle of 16°~4'IW' ~d being su~ded by a ~ho~ ~ch ~ No~ 08'46'18" ~t 23.81 fee~ ~o a point ofmversu ~n~ nobly 23.90 f~t ~oug sub~ ~ a ~o~ w~ch ~ No~ 08~46'18'' ~t 23.81 f~t; Thcn~ No~ 00~I9'10'' ~t 102,60 f~t; ~ ~m sou~a M~ a Subj~t ~ a t0,~ f~t ~t-of-~y ~ong ~e s~d no~ l~e ofT~/29 ~d 44, Oolden Bearings are based on the north line of said Tra¢! 44, Golden Gate Estates Unit 3f, as being South 89°40'50" Fast. EXHIBIT "B" --2722 *** OR: PG: 0807 *** Together with and including but not limited to: (a) Ail building products and construction materials now or hereafter delivered to the property and intended to be installed therein; All architectural plans and specifiCatiOns as well as building permits and permits from other regulatory agencies related thereto; and (b) All personal property, furniture, fixtures, tools, equipment and attachments (excluding titled vehicles), including but not limited to all machinery, material, apparatus and systems of every nature and description for lighting (including bulbs and fluorescent tubes), telephOne, heating, cooking, refrigerating, plumbing, irrigation, security alarm, fire and burglar alarm, vacuum cleaning, air conditioning, the transmission of sound, fire Prevention or extinguishing, sprinkler systems; all motors, engines, generators, boilers, pumps, tanks, ducts, fixtures, escalators, elevators and switchboards; all furnishing, furnaces, heaters, fuel, stoves, ovens, ranges, dishwashers, microwave ovens, refrigerators, appliances, kitchen cabinets, bathroom fixtures and equipment, awnings, window screens, draperies, window shades, venetian blinds, screen doors, combination windows, combination doors, storm doors and storm windows; carpets, rugs and other floor coverings; and (c) All easements, sewer rights, waters, storm water retention rights, water rights, tenements, hereditaments, and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by the Debtor; and (d) All supplies, inventory, raw materials, work in progress, books, records, contract rights, general intangibles, utility deposits, and accounts receivable; and (e) In regard to the paragraphs hereinabove, individually and collectively, they shall apply to items now or hereafter located upon, now owned or hereafter acquired, affixed or not affixed, used or adapted for the present operation of the property or business; and (f) In regard to the paragraphs hereinabove, individually and collectively, they shall include all insurance policies and the proceeds thereof, together with all replacements, replenishments, substitutions, products and proceeds of sales thereof; and (g) In regard to the paragraphs hereinabove, individually and collectively, they shall incl-ude all as are usual and incidental to the operation of the Debtor's business to be located at Pineridge Road and 1-75, NaPles, Florida 34109 or any other place where Debtor may carry on business. 1999 Form 8 (Warranty Deed) Utilities Acceptance Doc. #320 Prepared by: Timothy G. Hains, Esquire QUARLES & BRADY LLP 4501 North Tamiami Trail, #300 Naples, Florida 34103 Property ID# 38452160007 and 38453161005 2689860 OR: 2722 PG: 0808 RECORDED in OFFICIAL RBCORDS of COLLIER C0UNT¥, FL 09/15/2000 at 02:03PM DWIGHT E, BROCK, CLERK REC ~E~ 10,50 DOC-, ?0 .70 Retn: SHIRLI~¥ I~II/I~NGI)II~RING ~XT 558~ WATER AND SEWER UTILITIES FACILITIES BAY WINDS LODGING/HAWTHORNE SUITES WARRANTY DEED THIS INDENTURE made this ~ day of /~/~ , 2000, between BAY WINDS LODGING, L.L.C., a Florida limited liability company (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"). W I T N E S S E T H: That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all water and 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: Ail water and sewer facilities located within Lot 1 and Tract R of the Plat of NAPLES GATEWAY PHASE I, as recorded, or to be recorded in the Public Records of Collier County, Florida, more particularly described on attached EXHIBIT "A", 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 land described above. Grantor and Grantee are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. Witnesses: P'r~ame: ~-~ ~ ~{~ . BAY WINDS LODGING, L.L.C., a Florida /~limited liability company/ ~/~ ~~ Ronald D. White, as Managing Member STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of W~/,~/ , 2000, by Ronald W. White, as Managing member of BAY WINDSLODGING, L.L.C., a Florida limited liability company, on behalf of the Company. and he did take an oath. (SEAL) OFFICIAL NOTARY SF..AL DELORES A HANSEN NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC725738 MY COMMISSION EXP. MAR. 18,2002 is personally known to me Nam~~~(O ~ei /~, Notary Public My Commission Expires: QBNAP\217091 . 1 *** OR: 2722 PG: 0809 *** Exhibit A [Legal Description] BEING PART oF TRACT~ 29 AND 44, .OF GOLDEN GATE ESTATES UNIT 35, AS RECORDED IN PLAT BOOK 7, PAGE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Begi..ing at the narth~ast comer of Tra~t 29, of Golden recorded in Plat Book ?, Page 8~ of the public records of Collier County, Florida; Thence along the north llnc of Tract 44, of said ~3oldcn Gate Estates Unit 35, South 89040'$0" East 1 I8.03 f~t; Thence leaving the said north line South 00°19'10" Were 430.00 feet; Thence North 89040':~0'' West 4.00 foci; Thence South 00' 19' 10" Wes~ 112.60 feet; Thence southerly 23.90 feet along the arc or a tangential circular curve concave to the east having a radius of 81.00 feet throush a central angle of 16°$4' 17" and being subtended by a chord which bears South 08o07'58" East 23.8I feet, to a point of reverse c~at~e; T~ence southerly 23.90 feet along the ~ ofz mngent~ cLrc~lar curve concave to the ',vest having a rndius of 81.00 feet ~rough n centm, l angle of 16054' 17" and being subtended by z c~rd wl~Ich lx~rs %uth 01~°07'58'' F.~t 23.8! feet; Thence $o~th 00°19'10'' West 26,23 Thence som. herly 10.95 ~eet along ~e ca. st having a radius of 34.00 f.cct through a central angle of 18°27'08" and being subtended by a chord which bears South 08054'24" F.,ut 10.90 feet, to a point on the north Hght-of-way of(C.R. 896) Pine Ridge Road; Thence along the said north fight-of-way westerly 51.79 feet along the arc ora non. :angential circular curve concave to thc north having a radius of :~654.58 fcct through a central angle of 00°31'29'' and being subtended by a chord which bears North 87°16'0T' West 51.79 feet; Thence leaving the said north Hght-of-way North 00019' 10" East 34.81 feet; Thence northerly 23.90 feet along the arc of a tangential circular curve concave to the east having a radius of 81.00 feet through a central angle of 16054' 17" and being subtended by a chord ~hich beats North 08046, 18" East 23.81 feet, lo a point of reverse curvature; Thence northerly 23.90 fcct along the arc of a tangential circular curve concave to the west having a radius orS1.00 feet through a central angle of 16°54'17'' and being subtended by a chord which bears North 08°46' 18" Fast 23.81 feet; Thence North 00~19'10'' Fast 102.60 feet; Thence north and weam'lyl$.71 feet along thc arc ora tangential circular curve concave to the southwest having a radius of 10.00 feet through a central angle of 90°00'00" and being subtended by a chord which bears North 44°,~0':50" ~,'c~t 14.14 feet; Thence North 89°40';50'' West 260.00 feet; Thence North 00°lg'10'' Fast 430.00 feet, to the north line of said Tract 29; Thence along the said north line of Tract 29, South 89°40'50' Fast 191.97 feet to the point of Be$inning of the he:tin described parcel. Subject to a 30.00 foot right.of, way along the said north linc of Tract 29 and 44, Oolden Gate Estates Unit 35. Bearings ar= ha.md on the nc~h line ofsald Tract 44, Golden Gate Estates Unit 35, as being South ~9040'50,' Fast. This Instrument Prepared by: Timothy G. Hains, Esquire Quarles & Brady LLP 4501 North Tamiami Trail, Suite 300 Naples, Florida 34103 OWNER'S AFFIDAVIT BAY WINDS LODGING/HAWTHORNE SUITES WATER AND SEWER UTILITIES ACCEPTANCE STATE OF FLORIDA COUNTY OF COLLIER ON THIS ~ day of /~/// , 2000, before me personally appeared R©NALD D. WHITE, as ~vlanaging Member of BAY WINDS LODGING, L.L.C., a Florida limited liability company, owner of property to me personally known (hereinafter "Affiant"), who, being duly sworn on his oath, did say that all of the persons, firms, and corporation, including the general contractor and all subcontractors, who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction or repair of water and sewer utility facilities on the real estate hereinafter described, have been paid in full and that such work has been fully completed and accepted by the owner. Affiant further says that no claims have been made to the Owner by, nor is any suit now pending on behalf of, any contractor, subcontractor, laborer or materialmen, and further that no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility facilities placed upon or installed in the aforesaid premises. Affiant says that the subject real property is encumbered of record by the following: a) Mortgage executed by Ronald D. White as Managing Member of BAY WINDS LODGING, L.L.C., a Florida limited liability company, in favor of First National Bank of Northwest Florida, and recorded December 13, 1999, in Official Records Book 2620, Pages 2960 through 2968, inclusive, of the Public Records of Collier County, Florida; b) Assignment of Rents and Income as Collateral Security recorded December 13, 1999, in O.R. Book 2620, Page 2969 et seq., of the Public Records of Collier County, Florida; c) UCC-1 Financing Statement recorded December 13, 1999, in O.R. Book 2620, Page 2973, of the Public Records of Collier County, Florida; and d) UCC-1 Financing Statement filed with the Florida Secretary of State December 16, 1999, Filing No: 990000282939. That certain real property referred to herein is also subject to the following: e) That reservation of oil, gas and mineral rights to prior owners as cited in that certain Deed dated September 29, 1953, filed October 5, 1953, in Deed Book 30, Page 91; and Deed dated April 23, 1954, recorded in Deed Book 33, Page 125, and any subsequent assignments; all of the Public Records of Collier County, Florida. QBNAP\217097.1 f) That certain road right-of-way over the North 30 feet of the property as set out on the plat of Golden Gate, Unit 35, filed in Plat Book 7, Page 85, of the Public Records of Collier County, Florida. The foregoing is referred to as Livingston Woods Lane. g) That certain Easement in favor of Florida Power & Light Company dated September 22, 1999, as recorded in O.R. Book 2594, Page 451, of the Public Records of Collier County, Florida. h) That certain Declaration of Master Covenants and Restrictions for Cambridge Square/Naples Gateway, and all exhibits attached thereto, dated December 3, 1999, and recorded December 13, 1999, O. R. Book 2620, Page 2891, et seq., of the Public Records of Collier County, Florida. i) That certain Utility Easement dated December 10, 1999, and recorded December 13, 1999, in O.R. Book 2620, Page 2926, of the Public Records of Collier County, Florida. j) That certain Drainage Easement dated December 2, 1999, and recorded December 13, 1999, in O.R. Book 2620, Page 2947, of the Public Records of Collier County, Florida. k) That certain Ingress and Egress Easement dated December 2, 1999, and recorded December 13, 1999, in O.R. Book 2620, Page 2955, of the Public Records of Collier County, Florida. 1) That certain real property referred to herein is subject to easements, restrictions and other matters as described on the Plat of Naples Gateway Phase I, as recorded, or to be recorded, in the Public Records of Collier County, Florida. m) That certain Easement in favor of Florida Power & Light Company, dated April 10, 2000 and recorded at OR Book 2662, Page 3418, Public Records of Collier County Florida. Affiant, as and on behalf of the Owner of the subject utility facilities, does for valuable consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex- Officio the Governing Board of the Collier County Water-Sewer District harmless against any lien, claim or suit by any general contractor, subcontractor, mechanic or material man, and against chattel mortgages, security interests or repair of the subject utility facilities. Affiant is used as singular or plural, as the context requires. The utility facilities referred to herein are located within the real property described as: Ail water and sewer facilities located within Lot 1 and Tract R of the Plat of NAPLES GATEWAY PHASE I, as recorded, or to be recorded in the Public Records of Collier County, Florida, more particularly described on attached EXHIBIT "A", BAY WINDS LODGING, L.L.C., a Florida limited ~ility compa~n/y/j__ Ronald D. W~ite, as Managing Member QBNAP\217097.1 The foregoing instrDment was sworn to and subscribed before me this ~ day of ~J~-~ , 2000, by Ronald D. White, as Managing'Member of BAY' W~NDS LODGING, L.L.C., a Florida limited liability company, on behalf of the Company. He is personally known to me and he did take an oath. (SEAL) OFFICIAL NOTARY SEAL DELORES A HANSEN NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC725738 MY COMMISSION EXP. MAR. 18,2002 Print Name: Notary Public My Commission Expires: Form 6 - Rev. 4/28/89 (Owners Affidavit) Utilities Acceptance - Doc. #320 QBNAP\217097 . 1 Exhibit A [Legal Description] BEllqO PART OF TRACTS 29 AND 44, ~OF ~OLDL:N OATS ESTATBS UNIT 35, AS I~CORDED IN PLAT BOOK 7, PAGE OF THE PUBLIC lt. ECOI~S OF COLLAR COUNTY, FLORIDA. Be$inn(-g at the no~t corn~ of Traot 29, of Golden (}ate E~ms U~t 3~, recorded ~ PI~ B~k 7, P~e 8~ of~e public ~r~ of Collier Co~, Florida; ~enc~ ~o~ ~e n~ l~e ofT~t ~, ofs~d Golden Oa~ Estates U~t 35, South 89°40'~0'' ~t 11 ~.03 f~ ~ce l~g &e ~d no~ line Sou~ 00°19'10" W~ 420.~ f~t; ~ence No~ 89°40'~0~ W~t 4.00 f~t; ~ce Sou~ 00~19, I0'' we~ 112.60 f~t; ~nce soundly 23.90 f~t ~ong ~e ~ o~ a ~genti~ d~ c~e ~n~ve to e~t haM~ a ~m of g 1.00 f~t ~u~ a ~n~l ~e of 16~$4' 17" ~d ~ing subt~ded by a cho~ ~ch ~ Sou~ 08°07'38" ~ 23.tI f~et, to a po~t of reverse ~en~e soberly 23.90 feet ~ong ~e m of a ~gen~ ckcM~ c~e ~ncave west Mv~ a ~ of gl.00 f~ firough a ~en~ ingle of 16'~4' 17" ~d subtended by a c~ ~ch ~ Sou~ 0g°07'$g'' ~t 23.81 f~; Th~ Sou~ ~'19'10~ We~ 26.23 &~; ~ence so~ly 10.9~ f~ gong ~e m ora ~gengM ci~ul~ c~e con,ye to e~t havMg a~im of 34.00 f~ ~u~ a c~ ~gle of 18027'08" ~d subtended by a ohoM ~ch ~s Sou~ 0~°~4'24" ~t 10.90 f~ to a ~Mt on no~ fight~f-~y of(C.R. 896) Pine ~e Ro~; ~ence Mo~ ~ ~d no~ fi~t-of-~y wemrly ~1.79 f~t Mong ~e ~c ora non. t~g~ti~ c~M~ c~e ~n~ve to ~e no~ having a ~i~ of ~654.~8 f~ ~ou~ a cen~ m~e of00*ll'~~ md b~Mg s~md~ by a thom wMoh ~ No~ ~7016'0T' West ~ 1.79 f~ ~e l~ng ~e ~d no~ fight~f, way No~ ~19'I0" ~t 34.81 feet; e~t having a ~i~ of ~ 1.~ f~t ~u~ a ~n~ ~gle of 16°~4' I W' ~d being su~ended by a ~ho~ ~ch ~ No~ 09046' 18" ~t 23.g 1 fe~h to a point of reverse ~en~ nobly 2~.90 f~t Mong fie ~c of a ~gen~ ¢kcM~ ¢~e ~n~ve to west M~ a ~i~ of 81.00 feet ~ugh a cen~ ~le of 16054'I T' ~d being sub~ by a cho~ wMch ~ No~ 08°46'18'' ~t 23.gl f~t; Then~ No~ 00019, 10" ~t 102.60 ~en~ no~ ~d ~lyl$.?l feet Mong the ~ ora ~genfi~ c~ c~e con,ye ~ ~ sou~ ~ a ~ of 10.00 feet ~h a ~n~ ~gle of 90~00'00'' ~ing sUbt~d~ by a ¢hoM ~ich ~ No~ ~*~0'$0" Wen 14. I4 f~t; ~ No~ 19'40'~0" Wen 260.~ f~t; ~en~ No~ ~*19'I0~ ~ 430.~ f~ ~ fie no~ 1Me or,id Trot 29; ~nc~ Mong ~e ~d ~ ~o of T~t 29, Sou~ ~9040'~0' ~t 191.97 ~int ofB~g~g of~e h~M descfiMd ~I. Subj<t to a 30.~ f~t ~t.of-~y Mong ~e s~d no~ lhe of T~t 29 ~d 44, Golden ~te E~ UMt Bearings arc based on the north line of said Tract 44, Golden Crate Estates Unit 35, es being South 89040'50" ~ Form 5 - Rev. 4/28/89- (Attorney's Affidavit) Utilities Acceptance - Doc. #320 ATTORNEY'S AFFIDAVIT BAY WINDS LODGING/HAWTHORNs SUITES WATER AND SEWER FACILITIES ACCEPTANCE STATE OF FLORIDA COUNTY OF COLLIER ON THIS~ day of /~ , 2000, before me personally appeared TIMOTHY G. HAINS, ~ licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is 4501 North Tamiami Trail, Suite 300, Naples, Florida 34103, (941) 262-5959 (hereinafter "Affiant"), who, being duly sworn on his oath, does say: 1. The 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 water and sewer utility facilities located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier County, Florida. 2. The Affiant has examined record title information to both the real 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. It is the opinion of the Affiant that, as of April 24, 2000, the record owner of the real and personal property described herein is BAY WINDS LODGING, L.L.C., a Florida limited liability Company, (hereinafter ,'Owner"). The Owner acquired record title to the subject real property by instrument recorded in Official Records Book 2620, Page 2936, of the Public Records of Collier County, Florida, attached hereto as Exhibit "B". 4. The Affiant has examined the Regulations of the limited liability company known as: BAY WINDS LODGING, L.L.C., and found it to be validly created and is currently in existence and active within the State of Florida. Ronald D. White, as Managing Member, is authorized to execute instruments on behalf of the BAY WINDS LODGING, L.L.C., in conjunction with the conveyance of the water and sewer utility facilities to the Development Services Department for approval by the Board of County Commissioners of Collier County, Florida. 5. The subject real property is encumbered of record by the following: a) Mortgage executed by Ronald D. White as Managing Member of BAY WINDS LODGING, L.L.C., a Florida limited liability company, in favor of First National Bank of Northwest Florida, dated December 10, 1999, and recorded December 13, 1999, in Official Records Book 2620, Pages 2960 through 2968, inclusive, of the Public Records of Collier County, Florida, attached hereto as Exhibit "C-i". b) Assignment of Rents and Income as Collateral Security recorded December 13, 1999, in O.R. Book 2620, Page 2969 et seq., of the Public Records of Collier County, Florida, attached hereto as Exhibit "C-2" c) UCC-1 Financing Statement recorded December 13, 1999, in O.R. Book 2620, Page 2973, of the Public Records of Collier County, Florida, attached hereto as Exhibit "C-3" QBNAP\217064.1 d) UCC-1 Financing Statement filed with the Florida Secretary of State December 16, 1999, Filing No: 990000282939, attached hereto as Exhibit "C-4". That certain real property referred to herein is also subject to the following: e) That reservation of oil, gas and mineral rights to prior owners as cited in that certain Deed dated September 29, 1953, filed October 5, 1953, in Deed Book 30, Page 91, attached hereto as Exhibit "D-i"; and Deed dated April 23, 1954, recorded in Deed Book 33, Page 125, attached hereto as Exhibit "D-2"; and any subsequent assignments; all of the Public Records of Collier County, Florida. f) That certain road right-of-way over the North 30 feet of the property as set out on the plat of Golden Gate, Unit 35, filed in Plat Book 7, Page 85, of the Public Records of Collier County, Florida, attached hereto as Exhibit "E" The foregoing is referred to as Livingston Woods Lane. g) That certain Easement in favor of Florida Power & Light Company dated September 22, 1999, as recorded in O.R. Book 2594, Page 451, of the Public Records of Collier County, Florida, attached hereto as Exhibit "F". h) That certain Declaration of Master Covenants and Restrictions for Cambridge Square/Naples Gateway, and all exhibits attached thereto, dated December 3, 1999, and recorded December 13, 1999, O. R. Book 2620, Page 2891, et seq., of the Public Records of Collier County, Florida, a copy of which is attached hereto as Exhibit "G" i) That certain Utility Easement dated December 10, 1999, and recorded December 13, 1999, in O.R. Book 2620, Page 2926, of the Public Records of Collier County, Florida, a copy of which is attached hereto as Exhibit "H". j) That certain Drainage Easement dated December 2, 1999, and recorded December 13, 1999, in O.R. Book 2620, Page 2947, of the Public Records of Collier County, Florida, a copy of which is attached hereto as Exhibit "I" k) That certain Ingress and Egress Easement dated December 2, 1999, and recorded December 13, 1999, in O.R. Book 2620, Page 2955, of the Public Records of Collier County, Florida, a copy of which is attached hereto as Exhibit "J". 1) That certain real property referred to herein is subject to easements, restrictions and other matters as described on the Plat of Naples Gateway Phase I, as recorded, or as will be recorded, in the Public Records of Collier County, Florida. m) That certain Easement in favor of Florida Power & Light Company, dated April 10, 2000 and recorded at OR Book 2662, Page 3418, Public Records of Collier County Florida a copy of which is attached here to as Exhibit "K" 6. Affiant further states that the information contained in this Affidavit is, to the best of his knowledge, true, correct and current as of the date this Affidavit of Title is given, except as otherwise provided herein. QBNAP\217064.1 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this ~D day of /~y 2000, by Timothy G. Hains who is personally known to me and who did take an oath. ,,,'"'"~",,,,PATRIGIA L GEISSEL EXPIRES: March 15, 2002 Notary Publi~z~ Print Name: My Commission Expires: QBNAP\217064 . 1 A B C-1 C-2 C-3 C-4 D-1 D-2 E F G H I J K EXHIBITS: Legal Description Deed OR 2620, PG 2963 Mortgage OR 2620, PG 2960 Assignment of Rents, OR 2620, PG 2969 UCC-1 OR 2620, PG 2973 UCC-1 Filing No: 990000282939 Oil, gas, mineral rights DB 30, PG 91 Oil, gas, mineral rights DB 33, PG 125 Road right-of-way PB 7, PG 85 Easement to FPL OR 2594, PG 451 Declaration of Master Covenants OR 2620, PG 2891 Utility Easement OR 2620, PG 2926 Drainage Easement OR 2620, PG 2947 Ingress and Egress Easement OR 2620, PG 2955 Easement to FPL OR 2662, PG 3418 QBNAP\217064.1 Exhibit A [Legal Description] BEING PART oF TRACTS 29 AND 44, OF GOLDEN GATE ESTATES UNIT 3:~, AS RECORDED 1N PLAT BOOK 7, PAGE 85 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Begi,~-i,,g at the northe~t comer of Tract 29, °f Golden recorded ~ Pl~ B~k 7, P~e 8~ of~e public ~r~ of Collier Co~, Florida; ~ence ~o~ ~e no~ l~e ofT~ ~, ofs~d Golden Gain Es~tes U~t 3~, South 89°40'~0" ~t 1 I8.03 f~ ~ce lea~g ~ ~d no~ line Sou& 00°19'10'' W~ 430.~ f~t; ~ce No~ 890~'~0" W~t 4.00 f~; ~ce Sou~ 00'19'10" W~ 112.60 f~t; ~e~c sourly 23.90 f~t flong ~e e~t ha~ a ~ of ~ 1.00 f~t ~ugh a ~I ~e of 16054' 17" ~d ~ing subt~ded by a ~o~ ~ch ~ Sou~ 08e07'~8" ~ 23.1I f~et, to a po~t of reverse ~en;e so~crly 23.90 feet ~ong ~e west ~v~ a ~ of81.00 f~ ~rough a c~ subtended by a ~ ~ch ~ Sou~ 01007'58'' ~t 23.81 f~; Th~ Sou& ~'19'10' W~ 26.23 ~ence so~ly 10.95 ~ gong &e e~t hav~g a ~i~ of B4.00 f~ ~u~ a c~ suMended by a cho~ ~ch ~s So~ no~ fight~f-~y of(C.R. 8~6) Pine ~e Ro~; ~ence do~ ~e ~d no~ d~t-of-~y w~rly 51.79 f~t ~ong ~e ~c ora non- t~g~ti~ c~ c~e ~n~ve to ~e no~ having a ~i~ of f6~4.~8 f~ ~ou~ a cen~ ~ of00~ll'~~ ~d berg s~d~ by a cho~ wMch ~ No~ 87016'0T' West 51.79 f~ ~ence 1~ ~e ~d no~ ~ght~f-way No~ ~*19'10" ~t 34.81 feet; ~cnce no~efly 23.~ f~t ~ong ~e e~t havin~ a ~ of i1.~ f~t ~u~ a ~n~ ~gle of 16°~4' 1T' ~d being guided ~ a cho~ ~ch ~ No~ 0g°46'18'' ~t 2321 fee~ to a point of re~rse c~a~; ~n~ nobly 23.90 f~t along ~e ~c of a ~gen~ c~c~ w~st ~ a ~i~ of 11.00 feet ~h a c~ ~le of 16'~4'IT' ~d being sub~ ~ a ~o~ w~h ~ No~ 08046'18'' ~t 23.11 f~t; Then~ No~ 00°l 9' 10" ~t 102.60 f~t; ~en~ no~ ~d ~lyl~.71 f~t ~ong th~ ~ of a ~g~fi~ c~ c~e con,ye w ~e ~u&~ ~ a ~ of 10.00 feet ~h ~ing su~d~ by a cho~ ~ich ~ No~ ~e40'50" Wea 14. I4 f~t; ~ No~ S9040'~0~ We~ 260.~ f~t; ~en~ N~ ~*19'10' ~ 430.~ f~ w ~e no~ lee of~d T~t 29; ~ence ~ong ~e ~d ~ ~e of T~t 29, Sou~ ~int ofBeg~g of~e h~ d~cfi~d p~l. Subj~t to a 30.~ f~t fl~t-of-~y ~ong ~e sdd no~ l~e of T~t 29 ~d ~, Golden ~te E~t~ U~t Bearings are based on the nora linc ofsald Tract 44, Golden C-ate Estates Unit 3:~, as being South 89040'~0'' East.