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Agenda 10/24/2017 Item #16A 210/24/2017 EXECUTIVE SUMMARY Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for a portion of Wilshire Lakes Phase Two, accept a Deed of Utility Easement over the subject utility facilities, and to authorize the Chairman to execute the attached Indemnity Agreement. (This is a companion item to Agenda Item 16.A.1). OBJECTIVE: To have the Board of County Commissioners (Board), as Ex-Officio Governing Board of the Collier County Water-Sewer District, approve final acceptance and unconditional conveyance of these potable water and sewer facilities, accept a Deed of Utility Easement over the subject utility facilities, and to authorized the Chairman to execute the attached Indemnity Agreement. CONSIDERATIONS: On January 21, 1997, the Board approved final acceptance and conveyance of water and sewer facilities associated with Wilshire Lakes Phase Two (See Warranty Deed and Bill of Sale (OR Book 2288, Page 2032). The conveyance was intended to include a portion of a 6” PVC sewer connection and an 8” water main stub, which would be utilized by the Sereno Grove development adjacent to Wilshire Lakes directly to the west. However, approximately 12.55 feet of these connections were inadvertently located outside of the legal area described in the Warranty Deed and Bill of Sale, and thus were never conveyed to the County. The Wilshire Lakes Master Association, Inc. as the owner of the real property underlying the subject utility facilities has agreed to grant a County Utility Easement over the portion of the Wilshire Lakes property wherein the facilities are located, to ensure County access and maintenance of these connections. Moreover, this conveyance will allow the adjacent Sereno Grove property to connect to these facilities now that the County will own them (See companion Sereno Grove plat agenda item ID # 3459.) Additional Considerations: 1) The Developer of Wilshire Lakes Phase Two, has constructed the potable water and sewer facilities within a proposed county utility easement, to serve this development. (See attached location map). 2) The subject facilities did not receive preliminary acceptance because a utility deviation has been granted by the Public Utilities Department to allow them to proceed directly to final acceptance (See attached deviation). 3) The County will acquire its record interest in the subject utility facilities by Quit Claim Deed and Bill of Sale. The Association will also grant the County a new County Utility Easement (Deed of Utility Easement) over the area where the facilities are located. Moreover, the owner of the adjacent Sereno Grove property (WCI) has agreed to indemnify the County against any claims on the subejct utility facilities, pursuant to the attached Indemnity Agreement. All of these documents will be recorded in the Official Public Records of Collier County upon approval of this item. 4) A final inspection to discover defects in materials and workmanship has been conducted by the Development Review staff in coordination with Public Utilities and these facilities have been found to be satisfactory and acceptable. 5) Staff recommends final acceptance of the subject utility facilities. 6) This final acceptance is in accordance with Collier County Ordinance No. 2004-31, as amended. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. 16.A.2 Packet Pg. 310 10/24/2017 However, approval of this Executive Summary will result in the Collier County Water -Sewer District receiving unconditional title to the utility facilities. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval - SAS RECOMMENDATION: To approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for a portion of Wilshire Lakes Phase Two within Tract C-5, accept a Deed of Utility Easement over the subject utility facilities, authorize the Chairman to execute the attached Indemnity Agreement, and authorize the Clerk to record the Quit Claim Deeds and Bills of Sale, Deed of Utility Easement, and Indemnity Agreement. Prepared by: Lucia Martin, Technician, Development Review Division Jodi Hughes, Associate Project Manager, Development Review Division ATTACHMENT(S) 1. Utilities Facilities Warrant Deed (PDF) 2. Location Map (PDF) 3. Utility Deviation Approval (PDF) 4. Indemnity Agreement (PDF) 5. Deed of Utility Easement (PDF) 6. Utilities Facilities and-or Utilities Easement(s) subordination (PDF) 7. Quit Claim Deed and Bill of Sale - Brugger (PDF) 8. Quit Claim Deed - Wilshire Lakes Master Association (PDF) 9. Attorney's Affidavit (PDF) 10. Owner's Affidavit (PDF) 11. [Linked] Memorandum of Understanding - Fully Executed (PDF) 16.A.2 Packet Pg. 311 10/24/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.2 Doc ID: 3851 Item Summary: Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for a portion of Wilshire Lakes Phase Two, accept a Deed of Utility Easement over the subject utility facilities, and to authorize the Chairman to execute the attached Indemnity Agreement. (This is a companion item to Agenda Item 16.A.1). Meeting Date: 10/24/2017 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 10/05/2017 8:29 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 10/05/2017 8:29 AM Approved By: Review: Water Pamela Libby Additional Reviewer Completed 10/05/2017 8:33 AM Wastewater Steve Nagy Additional Reviewer Completed 10/05/2017 8:49 AM Growth Management Development Review John Houldsworth Additional Reviewer Completed 10/05/2017 8:50 AM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 10/05/2017 10:36 AM Water Beth Johnssen Additional Reviewer Completed 10/05/2017 10:45 AM Wastewater Steve Messner Additional Reviewer Completed 10/05/2017 10:57 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 10/05/2017 11:00 AM Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 10/05/2017 11:31 AM Growth Management Department Matthew McLean Additional Reviewer Completed 10/05/2017 11:39 AM Growth Management Department James French Deputy Department Head Review Completed 10/05/2017 11:50 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 10/05/2017 1:28 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/11/2017 2:57 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/12/2017 7:52 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/12/2017 8:33 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/12/2017 10:41 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/15/2017 12:25 PM 16.A.2 Packet Pg. 312 10/24/2017 Board of County Commissioners MaryJo Brock Meeting Pending 10/24/2017 9:00 AM 16.A.2 Packet Pg. 313 16.A.2.a Packet Pg. 314 Attachment: Utilities Facilities Warrant Deed (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.a Packet Pg. 315 Attachment: Utilities Facilities Warrant Deed (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.a Packet Pg. 316 Attachment: Utilities Facilities Warrant Deed (3851 : Final Acceptance - Wilshire Lakes Phase 2) 19 REGENCY VILLAGE CARLTON LAKES WLLOUGHBY ACRES IBY NAPLES-IMMOKALEE ROM* (C.R. 846) GARDENS (C.R. 846) J REGENT PARK STILES PUD DOVE POINTE 30 1 29 28 27 25 UNIT 97 CRESC IT LAKE ESTATI S E I PHASE TWO J l_ 36 32 33 34 X UNIT 96 CL •EXISTING PHASE ONE < VANDERBILT 3EACH ROAD (C.R. 8 >2) VINEYARDS VINEYARDS 1 lO r CITRUS GARDENS VINEYARDS £ ri 3 4 5 0 | z UNIT 95 UNIT 2 1 MM LON V.F.^ -j AK STONE TRACES l -Jl S PK. IRK P VINEYARDS AIR TALL 10 9 ES 8 PINES 12 7 i; UNIT 32 UNIT 1 UNIT 35 SUMME RWNCj GUN| GATEWAY I : SUTHERLAND PINE RIDGE PINE RIDGE ROAD (C.R 896) THE • FALLS :• PINE t , • • i VICINITY MAP i N.T.S. 16.A.2.b Packet Pg. 317 Attachment: Location Map (3851 : Final Acceptance - Wilshire Lakes Phase 2) Page 1 of 1 COLLIER COUNTY Public Utilities Department Utility Deviation Approval Sheet Project Name: Sereno at Pelican Marsh - Straight to final acceptance for W & S stubs Submitted By Date LawrenceAlewineVEN 10/02/2017 11:33:48 Approved By Date Oscar Martinez, Project Manager, Principal, Public Utilities Engineering & Project Management 10/02/2017 12:05:14 Pam Libby, Manager - Distribution, Water 10/02/2017 13:15:36 Steve Messner, Division Director - Water, Water 10/02/2017 13:40:00 PajerCraig, Project Manager, Principal, Public Utilities Engineering & Project Management 10/04/2017 15:15:11 NagySteve, Manager - Wastewater Collection, Wastewater 10/04/2017 15:20:55 JohnssenBeth, Division Director - Wastewater, Wastewater 10/05/2017 09:22:03 16.A.2.c Packet Pg. 318 Attachment: Utility Deviation Approval (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.cPacket Pg. 319Attachment: Utility Deviation Approval (3851 : Final Acceptance - Wilshire Lakes Phase 2) WASTEWATER Any request for a deviation from an established Wastewater or Water Department procedure must be submitted on the Utility Deviation Form and include all the required information for a faster and more efficient process. Please deliver your request to Nathan Beals at the Planning and Project Management Department Offices listed above, business hours are 8:00 am – 5:00 pm, M-F. Please maintain one deviation per form and select the appropriate type of deviation (Wastewater, Water, or IQ Water). Ensure to select whether the deviation is on a Privately Owned or County Owned system. Multiple forms may be attached to the two sets of required blue print or drawing that has the area(s) of interest highlighted for quick referencing. Provide as much information as possible along with the required Site Development Plan Number (obtained from the Engineer of the Developer). Please include any and all equipment specification information, pressures and velocities of flows, or other pertinent documentation and a cover letter to give additional information that may not be addressed on the form. For Grease Trap Deviations, please include a cover letter giving any relevant information regarding the kitchen and its use, a copy of the Menu of what is to be cooked and served and a blue print of the floor plan for the kitchen and seating area. Upon receipt of you deviation request the processing procedure begins with a date stamp and routing form. The first review is with the Locates Department for verification that the deviation request is located within the Collier County Water or Wastewater Service Areas. Next, depending on the topic of your request, the routing will either be to the Wastewater Pretreatment Inspector, Wastewater Collection Staff, or Water Distribution Staff and Public Utilities Planning and Project Management Staff for review. At any time there may be a site visit. The director of the Water or Wastewater Department performs the final review and you will thereafter be notified by email or phone of the outcome of your deviation request. If the deviation is denied, a meeting may be requested with the appropriate Director and staff to discuss. If you have any question regarding this procedure, please call (239) 252-2583. COLLIER COUNTY PUBLIC UTILITIES DIVISION 3339 East Tamiami Trail Suite 303 Naples, FL 34112 16.A.2.c Packet Pg. 320 Attachment: Utility Deviation Approval (3851 : Final Acceptance - Wilshire Lakes Phase 2) Copy to: Engineering Review 01/2015 Date: ______ Wastewater Water IQ Water REQUIRED - Site Development Plan # (SDP#) __________- or - Subdivision Improvement #(PPL#) __________ Project Name: _______________________________________________ Privately Owned County Owned Project Address: ________________________________________________ Petitioners Name & Business Name: ________________________________ Business Address: _______________________________________________ Phone # ____________ Fax # ____________ Email _____________________ Reason for request?_________________________________________________________ _____________________________________________________________________________ How does this request differ from Ordinance? ________________________________________________________ Impact of this request on affected area?_____________________________________________________________ ___________________________________________________________________________________________________ Impact of this request on the maintenance of the system?____________________________________________ ___________________________________________________________________________________________________ Explain benefits this request will have to the operation/maintenance of the Collier County Utility system: ___________________________________________________________________________________________________ Additional Comments:_____________________________________________________________________________ ___________________________________________________________________________________________________ REQUIRED FORMS For all Deviation Request unless specified. Cover Letter w/ Pertinent Information Blue Prints / Site Drawings Detail Specifications (include MFR Maint. Procedures for Grease Trap Deviations) Menu & Seating only for Grease Trap Deviations COUNTY STAFF ONLY Routing for Review:(Initials)Staff Comments: Stake & Locates Approve: ____ Disapprove: _____________________________________ WW Pretreatment Inspector Approve: ____ Disapprove: _____________________________________ WW Pretreatment Coordinator Approve: ____ Disapprove: _____________________________________ WW Collections Manager Approve: ____ Disapprove: _____________________________________ Water Distribution Manager Approve: ____ Disapprove: _____________________________________ IQ Water Manager Approve: ____ Disapprove: _____________________________________ Planning & Project Mgmt. Dept.Approve: ____ Disapprove: _____________________________________ Authorizing Signature: __________________________________ Date: _________ Collier County Utility Director 10/2/17 PL2016-1884 Sereno at Pelican Marsh Folio No. 0019948007 Michael J. Delate, P.E. - Q. Grady Minor & Assoc., P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 239-947-0375 mdelate@gradyminor.com To go straight to final acceptance for existing water and sewer stubs in Wilshire Ordinance requires preliminary acceptance. No negative affect. No negative affect. This allows the Sereno system to be put into operation more quickly. 16.A.2.c Packet Pg. 321 Attachment: Utility Deviation Approval (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.d Packet Pg. 322 Attachment: Indemnity Agreement (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.d Packet Pg. 323 Attachment: Indemnity Agreement (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.d Packet Pg. 324 Attachment: Indemnity Agreement (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.d Packet Pg. 325 Attachment: Indemnity Agreement (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.d Packet Pg. 326 Attachment: Indemnity Agreement (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.d Packet Pg. 327 Attachment: Indemnity Agreement (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.d Packet Pg. 328 Attachment: Indemnity Agreement (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.e Packet Pg. 329 Attachment: Deed of Utility Easement (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.e Packet Pg. 330 Attachment: Deed of Utility Easement (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.e Packet Pg. 331 Attachment: Deed of Utility Easement (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.e Packet Pg. 332 Attachment: Deed of Utility Easement (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.f Packet Pg. 333 Attachment: Utilities Facilities and-or Utilities Easement(s) subordination (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.f Packet Pg. 334 Attachment: Utilities Facilities and-or Utilities Easement(s) subordination (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.f Packet Pg. 335 Attachment: Utilities Facilities and-or Utilities Easement(s) subordination (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.f Packet Pg. 336 Attachment: Utilities Facilities and-or Utilities Easement(s) subordination (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.g Packet Pg. 337 Attachment: Quit Claim Deed and Bill of Sale - Brugger (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.g Packet Pg. 338 Attachment: Quit Claim Deed and Bill of Sale - Brugger (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.g Packet Pg. 339 Attachment: Quit Claim Deed and Bill of Sale - Brugger (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.g Packet Pg. 340 Attachment: Quit Claim Deed and Bill of Sale - Brugger (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.h Packet Pg. 341 Attachment: Quit Claim Deed - Wilshire Lakes Master Association (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.h Packet Pg. 342 Attachment: Quit Claim Deed - Wilshire Lakes Master Association (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.h Packet Pg. 343 Attachment: Quit Claim Deed - Wilshire Lakes Master Association (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.h Packet Pg. 344 Attachment: Quit Claim Deed - Wilshire Lakes Master Association (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.iPacket Pg. 345Attachment: Attorney's Affidavit (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.iPacket Pg. 346Attachment: Attorney's Affidavit (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.iPacket Pg. 347Attachment: Attorney's Affidavit (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.iPacket Pg. 348Attachment: Attorney's Affidavit (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.j Packet Pg. 349 Attachment: Owner's Affidavit (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.j Packet Pg. 350 Attachment: Owner's Affidavit (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.j Packet Pg. 351 Attachment: Owner's Affidavit (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.j Packet Pg. 352 Attachment: Owner's Affidavit (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.j Packet Pg. 353 Attachment: Owner's Affidavit (3851 : Final Acceptance - Wilshire Lakes Phase 2) 16.A.2.j Packet Pg. 354 Attachment: Owner's Affidavit (3851 : Final Acceptance - Wilshire Lakes Phase 2) MEMORANDUM OF UNDERSTANDING I') L-1'his Memorandum of Understanding ("Memorandum") is dated this /ff-day of , C1 UJ;:::e,,,r , 2017 ("Effective Date") and states the understanding and agreement of WCI COMMUNITIES, LLC, a Florida limited liability company, and its successors and/or assigns ("WCI"), WILSHIRE LAKES MASTER ASSOCIATION, INC., a Florida not for profit corporation (the "Association"), JAMES A. ROBERTS AND SHERI ROBERTS and any successor fee simple owner of Lot 1, Block 8 ("Lot 1 Owner") of the Wilshire Lakes, Phase Two Plat recorded in plat book 27, pages 24 through 27 inclusive, of the Public Records of Collier County, Florida ("Wilshire Plat"), DA YID BANKSTON AND LINDA S. BANKSTON and any successor fee simple owner of Lot 2, Block 8 of the Wilshire Plat ("Lot 2 Owner"), and LAWRENCE M. DOYLE, JESSICA E. DOYLE AND JERRY T. EDWARDS, as tenants in common, and any successor fee simple owner of Lot 3, Block 8 of the Wilshire Plat ("Lot 3 Owner") (WCI, the Association, Lot 1 Owner, Lot 2 Owner, and Lot 3 Owner are collectively referred to herein as the "Parties"). The Parties desire to amicably resolve their disputes as provided herein. WHEREAS, WCI is the developer of approximately 43.22 acres of real property situated in Collier County, Florida ("WCI Property"), as more particularly depicted on Exhibit "D" of Collier County Ordinance 16-25, as may be amended from time to time ("WCI PUD Ordinance"); WHEREAS, Association is the "Association" under that certain Declaration and General Protective Covenants, Conditions and Restrictions for Wilshire Lakes, recorded in Official Records Book 1681, Page 902, et seq, Public Records of Collier County, Florida, as amended, which Declaration pertains to that certain real property east of and proximate to the WCI Property and situated in Collier County, Florida ("Wilshire Lakes"); WHEREAS, Lot I Owner, Lot 2 Owner, and Lot 3 Owner (collectively, "Wilshire Lot Owners") reside within the portion of Wilshire Lakes that is immediately adjacent to the WCI Property; WHEREAS, WCI is seeking final approval by the Board of County Commissioners of Collier County ("County") for the revised plat of the WCI Property ("WCI Plat"), which shall plat the WCI Property in a manner substantially similar to the WCI Sereno Project Overall Layout attached hereto and incorporated herein by reference as Exhibit "A" ("Community Layout"), provided that in no event shall the location and/or configuration of Nicholas Way or Liesel Court East be modified therefrom, and in no event shall the property immediately to the west of Lot 1 Owner's property be used for any purpose other than a pumping station as shown in the Community Layout; WHEREAS, in connection with its submittal of the WCI Plat, WCI has agreed (i) to provide additional distance between Nicholas Way and the properties owned by the Wilshire Lot Owners, as depicted on the Community Layout attached hereto, (ii) to provide and to install a wall, landscaping and related improvements on the WCI Prope1iy as an accommodation to the Wilshire Lot Owners, (iii) to grant the Wilshire Lot Owners a non-exclusive, permanent easement over a portion of the WCI Property to maintain said landscaping and related improvements, (iv) to construct a wall along a portion of the eastern side of the WCI Property (more specifically, the p01tion of the WCI Property abutting the Wilshire Lot Owners' west prope1ty lines and the Lot 1 Owner's north prope1ty line) as an accommodation to the Wilshire Lot Owners, and (v) to restrict the development of Lot 45, as depicted on the Community Layout, to a single-story residence; and WHEREAS, the Association has agreed to convey to the Board of County Commissioners of Collier County ("Countv") any necessary easement rights and its interest, if any, in the water and sewer Memorandum of Understanding I utility facilities to be connected into its existing water and sewer facilities, which will service the WCI Property, and to execute any documents reasonably required in connection therewith. NOW THEREFORE, the Parties mutually agree as follows: I. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. By no later than the date the first Certificate of Occupancy is issued by the County for a residential building located on the WCI Property ("WCI Deadline"), WCI agrees, at its sole cost and expense, to furnish and install (i) a six (6) foot opaque wall (as more particularly described in the WCI PUD Ordinance) and consistent with residential developments of similar nature, size and geographic location ("Wall) and (ii) landscaping and related improvements ("Landscaping"), all in conformance with the wall and landscaping cross-section attached hereto, consisting of two (2) pages, each labelled as Exhibit "B", on the WCI Property immediately adjacent to the properties owned by the Wilshire Lot Owners. The Wall shall tie-in to the then-existing chain link fence that runs perpendicular to the Wall, along and between Wilshire Lakes and the WCI Property. WCI shall be solely responsible for the maintenance, repair and/or replacement of the Wall in accordance with applicable laws. 3. WCI shall grant to each Wilshire Lot Owner, and its contractors, subcontractors, agents, successors and assigns, a non-exclusive, perpetual easement over a portion of the WCI Property for the maintenance of landscaping located within the easement area, pursuant to an Easement Agreement for Landscape Maintenance in the form attached hereto as Exhibit "C". WCI and each of the Wilshire Lot Owners shall execute such Easement Agreement for Landscape Maintenance by no later than the fifteenth (15u') day after the Effective Date of this Memorandum. Within ten (10) days following completion of construction of the Wall and installation of the Landscaping, WCI shall record each Easement Agreement for Landscape Maintenance in the Official Records of Collier County, Florida at its sole cost and expense. 4. WCI agrees to restrict the development of Lot 45 of the WCI Plat to a single-story residence. 5. WCI shall have the right to connect to the Utility Facilities, as defined herein, located in Wilshire Lakes in order to service the WCI Property. ("Utility Facilities" shall mean water mains and sewer mains and shall include all pipes, valves, valve boxes, hydrants, water service stubs, sewer service stubs, cleanouts, meters, and all appliances and fixtures appurtenant thereto.) The Association shall convey to the County (i) a utility easement over a portion of Wilshire Lakes and (ii) its interest, if any, in the Utility Facilities. In connection therewith, the Association shall execute the form utility conveyance documents attached hereto as Exhibit "D-1", "D-2", and "D-3" ("Utility Conveyance Documents"). WCI and the Association agree and acknowledge that the County's approval of the Utility Conveyance Documents is a condition of the County's approval of the WCI Plat. The Association shall execute the Utility Conveyance Documents and shall deliver the original, executed Utility Conveyance Documents to the County by no later than October I, 2017. Prior to recordation of the Utility Conveyance Documents, Wilshire shall obtain the written approval of Branch Banking and Trust Company, a banking corporation, per the form attached hereto as Exhibit "E" ("Bank Approval"). Approval of the WCI Plat and the Utility Conveyance Documents shall be companion items on the County's agenda. Upon the County's approval of the WCI Plat, WCI shall record the Bank Approval and the Utility Conveyance Documents in the Official Records of Collier County, Florida at its sole cost and expense. The Association understands and acknowledges that WCI shall be permitted to connect to the existing Utility Facilities pursuant to the Utility Conveyance Documents. In the event connection to the Utility Facilities proximately causes existing landscaping within Wilshire Lakes to be damaged, WCI shall restore or repair the landscaping to its prior condition. Memorandum of Understanding 2 6. The Association and the Wilshire Lot Owners ("Wilshire Parties") acknowledge that WCI intends, at WCI's sole cost and expense, to seek non-appealable plat approval for the WCI Plat. As consideration for the covenants granted herein, the Wilshire Parties shall fully cooperate with WCI and shall not object to or oppose approval of the WCI Plat by the County, provided that the WCI Plat reflects the terms of this Memorandum. The Wilshire Parties agree that WCI's obligations hereunder are expressly contingent upon receipt of non-appeal approval of the WCI Plat by the County. In the event WCI is unable to obtain approval of the WCI Plat by the County, this Memorandum shall automatically terminate and shall be of no force and effect. 7. WCI may assign any of its rights hereunder, in its sole and absolute discretion, to any person or entity without the consent of the Association and/or the Wilshire Lot Owners, provided such assignee expressly assumes all obligations of WCI under this Memorandum. 8. This Memorandum represents the entire understanding and agreement of the Parties as to the subject matter herein. The Parties have freely and voluntarily executed this Memorandum after they have been apprised of all relevant information and after each has received advice of their respective attorneys. In connection with any litigation arising out of this Memorandum, including any breach, enforcement or interpretation of this Memorandum, the prevailing party shall be entitled to recover from the party or parties involved in such litigation and not prevailing its reasonable costs and attorney fees, paralegal fees and expe1t fees incurred at trial, retrial, on appeal, at hearings and rehearings, and in all administrative, bankruptcy and reorganization proceedings; provided that it is understood that there will be no joint and several liability between or among the Wilshire Parties. In executing this Memorandum, the Parties do not rely on any inducements, promises, or representations other than those set fo1th in this Memorandum. This Memorandum may be amended at any time by mutual written agreement of the Parties. This Memorandum may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Memorandum shall be construed under the Laws of Florida, and venue for any disputes arising hereunder shall lie exclusively in a court of competent jurisdiction in Collier County and in no other venue. [SIGNATURES APPEAR ON THE FOLLOWING PAGES.] Memorandum of Understanding 3 I IN WITNESS WHEREOF, the parties have caused this emorandum to be duly executed as of the cjay and year first written above. Signed, sealed and delivered in the presence of: (1) 4~ STATE OF FLORIDA COUNTY OF~ -) .) SS: ) WCI: By:_---.,-~--__,,-------Nam e: :J:h: r ; ,. V\A. e Vl.A.L! v-v-eL!d Title: Y1 <!...i:':: -Pr-esi d('.M._,.: 1 J , T2q foregoing insu·~~cnt w'Pi acknowledged before me this~ day of (Jb"'fa.he..r, 2017 by 'Ci'rt If ~~as ((l..e...,-,r5, , of WCI COMMUNITIES, LLC, a fCloricla limited liability company, on beh~lf of such Jj°;"nTtccillability company. sn-Ic is personally knmm "to me or has produced as identification. fNOTARIAL SEAL] ~--~----------Notary Public, State ofFlorida at Large Commission No.: -------------My Commission Expires: Memorandum of Understanding 4 Signed, sealed and delivered in the presence of: ASSOCIATION: WILSHIRE LAKES MASTER ASSOCIATION, INC., a Florida not for profit corporation ~J;ntQ,tJBu ,~U,~Q~~~@ ~ G Conrad J.Jn 4 = ~ Title: Prnsident, Wilshire Lakes Master Association, Inc. P~A~ STATE OF FLORIDA COUNTY OF ebldft. ) ) SS: ) /1 The foregoing instrument • was acknowledged before me this if!!, day of fu/-ober, 2017 by ~rst,l.l\d¥AQ, liar.id, as 7r,-sc J 1.u • .J. , of WILSHIRE LAKES MASTER ASSOCIATION, INC., a Florida not for profit corporation, on behalf of such corporation. S/He js D\irsonally known lo me or has produced ______ _ as identification. " (NOTARIAL SEAL] .... .,. "'"" ,,, . KRISTINE K. WISHARD /J v }\::. Notary Public·. State of Florida §, •: co·mmlsslon # FF 909508 \~ '#i My Comm. Expires Aug 24, 2019 ,,,,ff.,'fr.tlt,'' Bonded tliroUgh Na1lonal Notary Assn. ~~K. W1sha.r:,;1_ Notary Public, Slate 2f Florida at Large Commission No.: f-F 909:50 a My Commission Expires: Memorandum of Understanding 5 Signed, sealed and delivered in the presence of: 2 PPRT-1..tJ7 "Ple,..Ld' o) )11.CtGCfr};~~ Print Name: A.A , CAVrJ S7EP!-.t£W:S 2 Print STATEOFFLORJDA ) , ) SS: coUNTY oF Le~ > LOT1 OWNER: SHERI ROBERTS The fore oing instrument was acknowledged before me thi~1y of S-e:i?r: Jersonally known to me or has produced tV /A-as identification. , 2017 by JAMES A. ROBERTS. He is [NOT ARIAL SEA ] M, CAlHYSTEPHENS MYCOMMISSION#FF974841 EXPIRES: Juno 18, 2020 Bondoo 11W NolalY Publlo Ul\dolM!1ffl STATE OF FLORJDA ) ) SS: COUNTYOF /_E;r;,;-) The fore oin · strumcnt was acknowledged befoyc me this18¥iay of .Sr::-P'T. personally known to me r has produced fJ I 11-1 as identification. , 2017 by SHERJ ROBERTS. She is EA ] • ()11 . C,L,;cr -JJG;;l~-> Print or Stamp Namc'1 ft.L, rEtfn.t-1,; .5 Tl::Pl-fEtv S Notary_ Pt~blic, State of Florida at Lai:e/ / Comm1ss1011 No.: P:::,-9'1t/: ~L(-My Commission Expires: {./; 5' /;i,o.;;:i,o Memorandum ofUnderstanding 6 Signed, sealed and delivered in the presence of: STATE OF FLORIDA ) ) SS: COUNTY OF LL ) LOT20WNER: Tue foregoing instrument was acknowlcdpd b~f~re me thi~ day of AT personally known to me or has produced d l,MAJA~ ~ as identi~n . , 2017 by DAVID BANKSTON. He is . ~~ Print or Stamp Name: ------------Notary Public, State STA TE OF FLORIDA ) Commission No.: ---'"'::.>...<=,...x.,.,,_._..,,_4--",._ ____ _ My Commission Expires: Q'/ tJ J; rL ) SS: COUNTYOF J:.!=_ ) 1l1c foregoing instrument wa~ acknowlcdge.sl.}cfoJcme this~ day of & , 2017 by LINDA S. BANKSTON. She is personally known to me or has produced t1=. lJ'.lM~{/t,d as identification. ·~ [NOTARIAL SEAL] Prin.t or Stamp Name: ------------Notary. P~blic, State~f)ilorida 2'tl,ar_s. .-r Comnuss1on No.: -'~"-"/;.,=--..f'-"'rJ,_._, .... 2 .. k_...,_.'?:.....<1L _____ _ MyConunission Expircs:s;1~ / Memorandum of Understanding 7 Signed, sealed and delivered in the presence of: (2) ~~ Print Name: v!'\ 'z-1-+-S' /ou,'o (2)~~ Print Name: vtA<; +t '£(9v v, ' (2) Prin(Name: STA TE OF FLORIDA COUNTY OFU£ (' j _ V'h, 1 ) ) SS: ) LOT3 OWNER: The for~hurncnt was acknowledged before me this,1,9 1Jay ~,,,j'a:;viy LAWRENCE M. DOYLE. He is per~'to me or has produced as identification. [NOTARIAL SEAL] Memorandum of Understanding 8 ST ATE OF FLORIDA ) ) SS: COUNTYOFL~ ) The foregoing instrument was acknowledged before me ti~ z:,day oS~ ~1kssICA E. DOYLE. She i ersonally known to me or has produced as identification. [NOT STATE OF FLORIDA COUNTY OF L6"e SS: The foregoing instrnmcnt was acknowledged before me th~9 day ~~O 17 by JERRY T. EDWARDS. He is pee~1 to me or has produced as identification. [NOTARIAL SEAL] ~ ;:: ....... ~ ~·-=·-------~\~'.\!.".~s/,. c"'IN'.)" L l()'\IEC' -~·-.'(,, J •• ' •• , -.::, :' ; j •) MY COMMISSIOI~ #FF0.:585" · .. ~~ ''S°;,/ •1 ;' U I t.J;;·,~f-' EXPIRES January 23 2018 2,398,:0153 FloridaNolatyService.:orn --------~--... ---[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.] M emorandmn ofUnderstauding 9 ,f TO ', I I I I I ' Iii; EXHIBIT "A" 1, i MEMORANDUM OF UNDERSTkNDING Hl\. ___ __J)J l. \ '· ---PROPERTY -... ... .... .__ / '(it:~\\ )/ ,/ :::{\ '·-, Ii.\) 01\ •,' ·\,.~ .... f __ · __ ;\_._\.t~.·,_J, \ )\ -" =1\ \~-----~A~ 1\ '.\ \\ j· \\ \•. --i1\ . \.L----------r. \ \ \\ \\ \\ \ \\ \'.i ---i \\ ---\~~--.\,: ... '.·· ... \\ \,\,.--·· \\ ;~:-\\ ·\.. '-:r_.;_-_ .: . .. -..--===-.i }'C:--:-:---\,_.•~-=-,sa_ .. ...-,1,-----1 I / \ I . ,i f ' \ I --~_'.\----------\\\ ~ \ / / i .\•' ~1 f \. i ' 1 \ \_ N W~E ~ s COMMUNITY LAYOUT o 1so· 300· SCALE: 1" = 300' .. ···· .. . . -::.;-:: .. II GradyMinor ~ " CIVIi Engineers • Lnml Surveyors ~ Pla1111crs • l.a111lsc;1pl! 1\rcllllccts z WWII'. (,'r,1tfyJ/if/OI'. l'OJ/1 EXHIBIT "B" WALL ' ' ' ' ' -~ Ha,-..-"<'<'....,~----.... ---;-~--' ' WILSHIRE LAKES RESIDENCES ' I : -: I I : I I I I I I I I I : I jj : I I I I I : II II II II II II II II II II II II II II II II II II II II II II II I I I I I I ii II II II II II II II II II II II II II II I II II II \: I I I I I II II II II II II :: II II :: II II :: 6 II c< II < :: I Gj :: ..l II 5 \\ 0, II Vl \l U.: I\ \ •• ~1\1 I,. ~: .. :,w~.. : : :1-•t•w.-u. -::J..":::::.":'"'& : ·-r .. i=· : II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II ~ '~, ....l '~'-:::.======== I I I : i \ ~=================~1 ~--~~: i I I j I : I I I I I I I +--I I I _J \ I I I I : I \ ~ I I I I I I I I : I r __ J I I I I I I II II II II II u II II :: II II II II II " II " II II II II " " " II " II " II " II II " II II II II :: II II II II Ul :::-----~--:,: Vl ..l ~ I I I I I I I I I I I I I ,,.,,.;----=-"=-====== ,,,, ;( II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II -', ! I ! I i • Gr;uly~llnor a.,c.11""'" i...o41<"1"',\rdllttll i...oo1s.,...,.... p1.1, ..... IL----' I~ SHEET 1 OF 1 EXHIBIT "B" LANDSCAPING SECTION F ~ R.O.W. 10' PUE SECTION G N.T.S. 75• • GradyMinor £L=14.6' Ch1l F.n~nccr.i • l~indSun-r)ors ,.,,.,.-....uooos,11 c,""'"''"1.&""°1111 •••.t:n11,•11.,,r.,·•• SECTION G-1 N.T.S. WILSHIRE lA'<ES 25'L6i '·'·"'>•-•·\;;,"::;':;;\~ 1----..::S~E::R'.=E:!N~O:_::C::.;R:::0.:.1-'.:;cE ___ --j -.. .. !lf,,:.q.,n,,n.i.., 3Ull L,u~~~~ci.,L-------------j r<n/.lJ<fl.: ll'Jl>!.1(1.U:JO CROSS SECTIONS EXHIBIT "C" -BANKSTON THIS INSTRUMENT PREPARED BY: FRANCESCA PASSIDOMO, ESQ. COLEMAN, YOVANOVICH & KOESTER, P.A. 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FLORIDA 34103 [Space above line reserved for recording office use] EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE TJ:l)? EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE ("Agreement") is made thi~ day of ~017, by and between WCI COMMUNITIES, LLC, a Florida limited liability company, and its successors and/or assigns ("WCI") and DA YID BANKSTON AND LINDA S. BANKSTON, their successors and assigns ("Lot Owner"). WCI and the Lot Owner are herein collectively referred to as the "Parties" and each individually as a "Party", and the term Party shall be deemed to refer to such Party and its respective successors, grantees and assigns. WHEREAS, WCI is the developer of certain real property lying within the Northwest 11,i of Section 31, Township 48 South, Range 26 East, Collier County, Florida, as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference ("WCI Property"); WHEREAS, Lot Owner is the fee simple title holder to Lot 2, Block 8, Wilshire Lakes, Phase Two, a subdivision according to a plat thereof recorded in Plat Book 27, Pages 24 through 27, inclusive, of the Public Records of Collier County, Florida ("Lot Owner Property"), which is located within a larger master-planned community known as Wilshire Lakes; WHEREAS, the Parties, Wilshire Lakes Master Association, Inc. a Florida not for profit corporation, and certain other individuals executed that certain Memorandum of Understanding which contemplated, among other things, the execution and recordation of this Agreement; WHEREAS, attached hereto as Exhibit "B" are the legal description and sketches of a portion of the WCI Property that fronts the Lot Owner Property and is labeled LBE I on the sketch ("Easement Area") that have been or that may hereafter be improved by WCI with landscape features, all at WCI's expense, for the purpose of establishing enhanced aesthetics for the Lot Owner; and WHEREAS, the Lot Owner is requesting a nonexclusive easement over the Easement Area for the purposes set forth herein and WCI has agreed to such request, subject to the terms and conditions hereof. EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE I AGREEMENT: NOW, THEREFORE, for and in consideration of the sum of Ten and No/1 OOths Dollars ($10.00), the mutual covenants contained herein and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties hereby grant, covenant and agree as follows: I. Recitals. The foregoing recitals are true and correct and they are incorporated herein by this reference. 2. Declaration of Landscape Easement. A perpetual, nonexclusive easement over, under and through the Easement Area is hereby established in favor of the Lot Owner, for the purposes of, from time to time, maintaining certain landscaping and operating certain water utilities to serve such landscaping that has been or will be installed within the Easement Area by WCI. All utilities serving the landscape features within the Easement Area shall be connected to the WCI utility lines and meters and billed to and paid by WCI; provided, however, that additional shut-off valves for the landscape water utilities shall be located within the Easement Area as an additional accommodation to the Lot Owner. The Easement Area shall be used by the Lot Owner for landscaping only, subject to applicable codes or ordinances. 3. Maintenance. a. Landscape Features. Subject to WCI's obligation to provide irrigation, the Lot Owner shall maintain the landscaping previously installed by WCI within the Easement Area, all at the Lot Owner's expense. Notwithstanding the primary maintenance responsibility of the Lot Owner, if, for any reason other than WCI's failure to provide irrigation, the Lot Owner fails or refuses to keep the Easement Area and the landscaping features therein in good condition, then WCI shall have the right (but not the obligation, and only after the expiration of a thirty (30) days' written notice and cure period), to undertake any maintenance or repairs deemed reasonably necessary or advisable by WCI, and in such event, all costs and expenses reasonably incurred by WCI in performing such work shall be immediately reimbursed by the Lot Owner to WCI, by no later than fifteen (15) days after written demand therefore (which demand shall be accompanied by paid invoices or other satisfactory evidence of such expenditures); except that the maximum reimbursable cost is the amount required to meet minimum code requirements. b. Utilities. WCI shall be responsible for the ongoing maintenance and repair of the utilities serving the landscaping within the Easement Area in accordance with applicable laws; provided, however, in no event shall WCI be responsible for the cost or expense of any maintenance item, repair, or replacement of such utilities which is made necessary by the negligent or willful acts or omissions by the Lot Owner or its contractors, subcontractors, agents or assigns, and the Lot Owner shall reimburse WCI upon written demand for such costs and expenses. 4. Mutual Indemnification. The Lot Owner shall indemnify, defend, and hold WCI and its board members, members, officers, employees, and agents harmless from and against any loss, damage, claim, cause of action or expense any may suffer or incur (including, without limitation, attorneys' and legal assistants' fees) related to or arising out of any gross negligence, willful misconduct, or by reason of any breach of this Agreement by the Lot Owner. Similarly, WCI shall indemnify, defend, and hold the Lot Owner harmless from and against any loss, damage, claim, cause of action or expense they may suffer or incur (including, without limitation, attorneys' and legal assistants' fees) related to or arising out of any gross negligence, willful misconduct, or by reason of any breach of this Agreement by WCI. 5. Run with the Land. The benefits and burdens arising under this Agreement shall run with the Lot Owner Property as well as the WCI Property. Notwithstanding the generality of the foregoing, it is acknowledged and agreed that (i) the Lot Owner shall have the right to assign its rights and obligations EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 2 under this Agreement to the Wilshire Lakes Master Association, Inc., a Florida not for profit corporation, and (ii) WCI shall have the right to assign its rights and obligations under this Agreement to any person or entity in its sole and absolute discretion. Any assignment and assumption shall be by recorded instrument executed with the formalities of a deed, and upon the recording of such assignment and assumption, the Lot Owner or WCI, as applicable, shall be automatically released from its obligations hereunder. Nothing contained in this Agreement shall be deemed to be a dedication of any area for public use, and all rights and easements herein created are private and do not constitute a grant for public use. 6. No Interference with Easement. At no time shall there be erected or permitted to exist any gate, barrier or other condition within the Easement Area which would have the effect of impairing or hindering the use of the Easement Area for the purposes granted herein. 7. Notices. All notices, demands, requests and other communications required or permitted hereunder shall be in writing. All such notices, demands requests and other communications (and copies thereof) shall be deemed to be delivered: (a) if sent by messenger, upon personal delivery to the party to whom the notice is directed; (b) if sent by electronic mail, upon transmission (but only so long as a copy of the notice is also sent by another method provided for in this Section); ( c) if sent by overnight courier, with request for next business day delivery, on the next business day after sending; or (d) whether actually received or not, two (2) business days after deposit in a regularly maintained receptacle for the United States mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: To WCI: To Lot Owner: WCI COMMUNITIES, LLC c/o Coleman, Yovanovich & Koester, P.A. Attn: Richard Yovanovich 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 ryovanovich@cyklawfirm.com DA YID BANKSTON AND LINDA S. BANKSTON 8. Attornev's Fees and Costs. In connection with any litigation arising out of this Agreement, or the breach, enforcement or interpretation of this Agreement, the prevailing party shall be entitled to recover from the party not prevailing its reasonable costs and attorney fees, paralegal fees and expert fees incurred at trial, retrial, on appeal, at hearings and rehearings, and in all administrative, bankruptcy and reorganization proceedings. 9. Waiver of Trial bv Jury. THE PARTIES HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHTS TO A TRIAL BY JURY IN RESPECT OF ANY ACTION, PROCEEDING OR COUNTERCLAIM BASED ON THIS AGREEMENT OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT OR ANY EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 3 DOCUMENT OR INSTRUMENT EXECUTED IN CONNECTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTION OF ANY PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES HERETO ENTERING INTO THE SUBJECT AGREEMENT. 10. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be deemed an original. The signature of the parties hereto on this Agreement may be executed and notarized on separate pages and when attached to this Agreement shall constitute one complete document. This Agreement shall be construed, governed, interpreted and enforced in accordance with the laws of the State of Florida. Any failure to enforce any provision contained in this Agreement shall in no way be deemed a waiver of the right to do so thereafter. The invalidity, violation, abandonment or waiver of any one or more of any of the provisions hereof shall not affect or impair the remaining portions of this Agreement. This Agreement cannot be altered, amended or ratified except by written instrument executed by the parties hereto or their respective successors and assign and recorded in the Public Records of Collier County, Florida. [SIGNATURES APPEAR ON THE FOLLOWING PAGES.] EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 4 IN WITNESS WHEREOF, the Paities have executed is Agreement effective as of the date tirst above written. Signed, sealed and delivered in the presence of: (!) ffe~ 2 Print Name: STATE OF FLORIDA COUNTY OF Ut! ) ) SS: ) WCI: UNITIES, LLC, a Florida limited By:_~-=-~-~~------Name: -:n-=p. .... -...... v:_._,,,· ,:....l"\~M__,,.~Q,._,~~M.,,'-'=,'-~lr~r.~t.\~i--Title: -~~~~~e~·~'9~v_e;=·~::; ~i-d=r~~l ~-----The foregoing · 1sln11nent was acknowledged before me thi~ ~day of /Jc:t;be,r , 2017 by ~~ I\. )if. . as~ fJ_ er V~ ofWCl COMMUNITIES, LLC, a Florida limited liability company, on bclrnlf of such limited liabili , company. S/Re is pcr~nall~1own to me or has produced as identification. [NOTARIAL SEAL] Gail Lucas 'SY-'"''--""il',q, NOTARY PUBLIC "' ::!STATE OF FLORIDA i ~ Comm# FF964336 ·~ii'ae ,~,'b' Expires 4/27/2020 /~-------------Notary Public, State uf Florida al Large Commission No.: -------------My Commission Expires: EASEMENT AGREEMENT FOR LANDSCAPE MAlNTENI\.NCE 5 Signed, sealed and delivered in the presence of: LOT OWNER: ~Jt~lJII-IJimuzy' ~g~~-~ (2) _,/ ------./ STATE OF FLORIDA COUNTYOF~~ ) ) SS: ) The foregoing instroment was acknowled~~me 11c_p,.6_ clay of iJr± personally known to me or has produced~!..:1 ,_ot~entification. , 2017 by DAVID BANKSTON. He is ST A TE OF FLORIDA COUNTYOF~ ) ) SS: ) Print or Stamp Name: -----------Notary_P~blic, Stnte,Rff.Iorj~~....-Co111IDJss10n No.: -~=->{;."---'/""'-~u,. ~'*---~-----My Commission Expires: v / ~ The foregoing instrument was acknowled~9 be ore,me this & day of&tt personally known to me or has produced L as identification. , 2017 by LINDA S. BANKSTON. She is [NOTARIAL SEAL] ~g__ Print or Stamp Name: -----------Notary_ P~blic, State Q(F)p~t I,.ai:i,; _ Comm1ss1on No.: tr_&: JJKl?,'/O My Commission Expires: 5/t o/C:ZJ EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 6 EXHIBIT "A" WCI PROPERTY (16-126-PLT) A PARCEL OF LAND LYING WITHIN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE BOUNDARY OF WILSHIRE LAKES, PHASE 2, PLAT BOOK 27, PAGES 24 THROUGH 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN ALONG SAID BOUNDARY FOR THE FOLLOWING FIVE (5) COURSES AND DISTANCES, 1) SOUTH 02°09'46" EAST, A DISTANCE OF 667.55 FEET; 2) THENCE NORTH 89°56'27" WEST, A DISTANCE OF 165.10 FEET; 3) THENCE SOUTH 02°09'53" EAST, A DISTANCE OF 333.78 FEET; 4) THENCE NORTH 89°56'39" WEST, A DISTANCE OF 495.26 FEET; 5) THENCE SOUTH 02°10'14" EAST, A DISTANCE OF 333.90 FEET TO THE NORTHEAST CORNER OF THE LANDS LESSED OUT FOR PUBLIC RIGHT-OF-WAY PER OFFICIAL RECORDS BOOK 2632, PAGE 1892, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LANDS FOR THE FOLLOWING TEN (10) COURSES AND DISTANCES, 1) NORTH 89°57'44" WEST, A DISTANCE OF 165.19 FEET; 2) THENCE SOUTH 02°10'03" EAST, A DISTANCE OF 30.02 FEET; 3) THENCE SOUTH 89°57'44" EAST, A DISTANCE OF 135.17 FEET; 4) THENCE SOUTH 02°10'14" EAST, A DISTANCE OF 273.71 FEET; 5) THENCE NORTH 89°57'36" WEST, A DISTANCE OF 135.18 FEET; 6) THENCE SOUTH 02°10'03" EAST, A DISTANCE OF 60.04 FEET; 7) THENCE SOUTH 89°57'36" EAST, A DISTANCE OF 135.18 FEET; 8) THENCE SOUTH 02°10'14" EAST, A DISTANCE OF 273.71 FEET; 9) THENCE NORTH 89°57'27" WEST, A DISTANCE OF 135.20 FEET; 10) THENCE SOUTH 02°10'03" EAST, A DISTANCE OF 30.02 FEET; THENCE NORTH 89°57'27" WEST, A DISTANCE OF 495.67 FEET; THENCE NORTH 02°09'30" WEST, A DISTANCE OF 667.45 FEET TO A POINT ON THE LANDS LESSED OUT FOR PUBLIC RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 970, PAGE 1759, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LANDS FOR THE FOLLOWING THREE (3) COURSES AND DISTANCES, 1) SOUTH 89°57'44" EAST, A DISTANCE OF 165.20 FEET; 2) THENCE NORTH 02°13'33" WEST, A DISTANCE OF 30.02 FEET; 3) THENCE NORTH 89°57'44" WEST, A DISTANCE OF 165.19 FEET; THENCE NORTH 02°12'20" WEST, A DISTANCE OF 414.28 FEET; THENCE NORTH 89°56'27" WEST, A DISTANCE OF 23.58 FEET TO A POINTON A CURVE TO THE LEFT; THENCE SOUTHWESTERLY144.02 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 173.50 FEET, A CENTRAL ANGLE OF 47°33 '41", (CHORD BEARING SOUTH 66°16'42" WEST, A DISTANCE OF 139.92 FEET); THENCE SOUTH 42°29'52" WEST, A DISTANCE OF 39.33 FEET TO A POINT ON A CURVE TO THE RIGHT; THENCE WESTERLY 296.55 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 226.50 FEET, A CENTRAL ANGLE OF 75°00'57", (CHORD BEARING SOUTH 80°00'20" WEST, A DISTANCE OF 275.82 FEET); THENCE NORTH 62°29'11" WEST, A DISTANCE OF 221.68 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE WESTERLY 321.35 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 573.50 FEET, A CENTRAL ANGLE OF 32°06'18", (CHORD BEARING NORTH 78°32'21" WEST, A DISTANCE OF 317.17 FEET) TO A POINT ON A REVERSE CURVE TO THE RIGHT; THENCE NORTHWESTERLY 256.06 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 216.50 FEET, A CENTRAL ANGLE OF 67°45'58", (CHORD BEARING NORTH 60°42'31" WEST, A DISTANCE OF 241.40 FEET); THENCE NORTH 26°49'32" WEST, A DISTANCE OF 56.12 FEET TO A POINT ON A CURVE TO EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 7 THE LEFT; THENCE NORTHWESTERLY 175.82 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 55°58'00", (CHORD BEARING NORTH 54°48'32" WEST, A DISTANCE OF 168.92 FEET)TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD; THENCE ALONG SAID RIGHT-OF-WAY, NORTH 02°12'17" WEST, A DISTANCE OF 56.38 FEET; THENCE SOUTH 89°56'27" EAST, A DISTANCE OF 33.93 FEET TO A POINT ON A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY332.32 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 293.50 FEET, A CENTRAL ANGLE OF 64°52'26", {CHORD BEARING SOUTH 57°30'14" EAST, A DISTANCE OF 314.85 FEET) TO A POINT ON A REVERSE CURVE TO THE LEFT; THENCE SOUTHEASTERLY 191.78 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 176.50 FEET, A CENTRAL ANGLE OF 62°15'19", (CHORD BEARING SOUTH 56°11'40" EAST, A DISTANCE OF 182.48 FEET) TO A POINT ON A REVERSE CURVE TO THE RIGHT; THENCE EASTERLY 270.26 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 623.50 FEET, A CENTRAL ANGLE OF 24°50'08", (CHORD BEARING SOUTH 74°54'16" EAST, A DISTANCE OF 268.15 FEET); THENCE SOUTH 62°29'11" EAST, A DISTANCE OF 221.68 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE EASTERLY 231.09 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 176.50 FEET, A CENTRAL ANGLE OF 75°00'57", (CHORD BEARING NORTH 80°00'20" EAST, A DISTANCE OF 214.93 FEET); THENCE NORTH 42°29'52" EAST, A DISTANCE OF 39.33 FEET TO A POINT ON A CURVE TO THE RIGHT; THENCE NORTHEASTERLY 185.53 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 223.50 FEET, A CENTRAL ANGLE OF 47°33'41"', (CHORD BEARING NORTH 66°16'42" EAST, A DISTANCE OF 180.25 FEET); THENCE SOUTH 89°56'27" EAST, A DISTANCE OF 21.60 FEET; THENCE NORTH 02°12'20" WEST, A DISTANCE OF 143.61 FEET TO A POINT ON THE LANDS LESSED OUT FOR PUBLIC RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 970, PAGE 1759, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LANDS FOR THE FOLLOWING THREE (3) COURSES AND DISTANCES, 1) THENCE SOUTH 89°56'27" EAST, A DISTANCE OF 164.98 FEET; 2) THENCE NORTH 02°13'33"' WEST, A DISTANCE OF 30.02 FEET; 3) THENCE NORTH 89°56'27" WEST, A DISTANCE OF 164.97 FEET; THENCE NORTH 02°12'20" WEST, A DISTANCE OF 667.63 FEET TO A POINT ON THE BOUNDARY OF THE AFOREMENTIONED WILSHIRE LAKES, PHASE 2; THENCE ALONG SAID BOUNDARY, SOUTH 89°56'17" EAST, A DISTANCE OF 1,322.06 FEET TO THE POINT OF BEGINNING. CONTAINING 45.55 ACRES, MORE OR LESS. EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 8 EXHIBIT "B" EASEMENT AREA LEGAL DESCRIPTION AND SKETCH (BANKSTON) 0 ~5· ~· 100· SCALE: t • = 50· lrlt'5 t'lr(4 MAT t-<.A'.'t !!ttN Ull.ARC.t'.O t.k r.!CU(!:C rAOY 1;,no,,c.o Ot9t>,Y ::;we rc.n flCPilCOU:T'.OU «CtSCNS EXlilBIT ·a· ro EAEEMENT AGREEMENT FOR LANDSCA?E MAJNTENANCE (BANlrnTON) ..-;crr..:-.'lf"lcr1'1€ 21 tT1C!rl lT~C \l"ICT~l'CN.JI LEGEND: PGa PO.'W 0:-IE~ (X OFiNJ.A/7. {,Af,.!)47/t ro NArDOCM PC PA.':F(S) l££ U.\'C.Wff i!'JfITR DSl'.IC'(T PROPERTY DESCRIPTION A 10 roo; •·.« t.AVDiCA'C EUfl'U vJ[l!]J Ln.'G l'I THi A"C!'rrrPar ~''°' u $(!;r'Cit, JI, rc ... v;,co '"" jG'n1 ;,.,u.ct_ ,,s US". r,u-1; I.It;.."'£ ""'2T~t'P.Y CfS..-J,>J1fl> .i.s TOO.OJ~ il!ON ,H r-1!' ."l'Jlf':lllrY COi!f,'fR OF LOI 1. E!.<XK ~. Wl.~ ~ r,;,cr ::, rtA1 rno,c 1?. NCC: ;:4 ~/JGIJ ~.'. rtJIJUt PF.CODS o,.-,:o.um (',CW.'TY. P,M'(;A,: n.ra Hf.II Al.'Jt1:: 'Hi J'f'Sf LJJ,.!: 0/' SliO B.OCX 8. SDUPt 01tn'.5J• OST. A Ol:STA'.'Cf CF 101.C'O f'm: T>i!JC! s:JUi11 6l'~·or UST. A CJSII...V.:£ Of 1u.,a ,-ur I? A H)tNr OIi .1 ~ nw ~ ,rur QI' AID ~ r-.:, ,,c 11..:sr v;c. er .!:, • ., o:.c« 8; PIOJCC ;;,u., .u..£.vc y.:e :.uw 1n. uvr. 1.0RrU aro:'5J" -.n;-1, J tJtS•J..U:r, CF lt/..(1(1 nIT ro J KXNT OIi ;,.t£ !XfV._"Ot CF 11iC tlMf"~ IJf.'[ CF ~ ~JF.tr)()I/G) tar .1; DiC,'Ct RU:J AL~·,,; >',,? U,'.'(. ·•·ru1r1 U:xJlJr c..ur, .r. 0/T.N.::X fT 10.:.0 FtCI UJ rNL '"°'"rorcr:c;..~ C0.\7#::::G 1,C/0 s:JUJ.R( ftD. ua,.y On USi NOTES: ,. lcAJ.)...;(.$ s;/(»11 iDWJ atsm a1 r>C S'.At; FlA'C co,."i"'~~rc mn:v OtJ.iJU'iJ1ro Bf n£ ~.Jna~ ccccn,: SV1"o£T F'JH fl""1"'.A U,$1 lOl'l'0 19.11 QI.IVW rr.rH 195'.J ,'lJ),JV,;rllOtr A•.:, ~" ro ~ 11u.r ~ er rtc:K , ~ K!lSHPC l.A>(t.'t /:HA<;(' 7, 1'AT 3JOOK ].'. P.C:CS 14 ~ 11. i1U!l!..JC ~crotDS or coi11c11 w.;mr, nCR!DI. ;s 1ur,; sam, C7f'})J" DSt 3, D.UfXSD.'t'. s,c .. •1 1tr.H:a11 ~ 111 c.c. SU,.,(t"( rrcr A•.C ~r'f!VCOF. .J. "'.IS ~DC/1 AA'Q u::;;.KP1Q1, rs iJZ. rJv.1 14,r,ou, mr ::x.·w>~ AHO c.,-.,.;,~°' ~.\Ca> ,w or .i u:~cc 11.0:~ SIRVf'rr.R ,v,t} J.U.Pif1I l,'(J Al'IX'10JJS a? UlCl'CJtS ro DO' SKffiJI Af,1J ClS'Oi'!:1-T/C.'I A$[ /NJ;,.l.trr:JJ ,rmr.J.Jf 1UF £Xi'Hf5!:.LD 1n1rr0< Wl6CH1' DF 11'£ S/f:,,\"M'; l'MTY, ~ WOT A SURVEY" ::: f-o-M-,-;,,-o-v ___ r:.,_o-,--[----]--------------------------,r------S-KEl-.C-H-~-N-0-0-ES-C-R-IP_T_IO-N------,-----,7,),-,--J.-.,.,.--; C"<O<ED av DLS j{JfJ G j 1\1 · (). fir•dt ~!11.1,:,r mid ,h.,ocl .. t~. 1'.A. --'-1 -LL-8 r C ·l'BC "l .J.110 I' ,L ED ~ Joocooc. 'o"IW1.-: J Bo:alu, ::.;r,lnl:.~~i,0;1~~~·~\~:;1; 10' LANDSCAPE BUFFER EASEMENT 2 :_:: sc.·..u..: ,·,.5c ~ ,, 0/,Tli 1 JJLY ~11 CMI E11glnccn, I.and Surve~ors Planners Landscape Archllecl.s LYING IN "I) .. /.,L ~ ..:__ i fll.E: 1~1;o.un~ CaLvL\utlL woco;;1!i1 Cci.or .\u:1,. WOt"OJIJI l".u~hl(:--, I.C !!(:()(.U:!ljtl SECTION 31, TO\VUSHIP <;B SOUUl RANGE 26 EAST xr.c/1 L t...:1:tM. #, ,:.11 :::i COLLIER COUUTY. FLORIDA n u:n.-rr Jrn, ';J. StEET: 1 ct 1 1tnnl1:i SPrln!":: 2:tl)fl 17.11,U 1r11 w r.r.ufrl/'""'' rur.t F'nrt "'"'~' :nn .-:on.1:tnn r..lf rnr ro11 I.=> EASEMENT AGREEMENT FOR LANDSCAPE MAfNTENANCE 9 EXHIBIT "C" -DOYLE & EDWARDS THIS INSTRUMENT PREPARED BY: FRANCESCA PASSIDOMO, ESQ. COLEMAN, YOVANOVICH & KOESTER, P.A. 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FLORIDA 34103 [Space above line reserved for recording office use] EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE TH~ EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE ("Agreement") is made thiO'{c day of fQ..~017, by and between WCI COMMUNITIES, LLC, a Florida limited liability company, and its successors and/or assigns ("WCI") and LA WREN CE M. DOYLE, JESSICA E. DOYLE AND JERRY T. EDWARDS, as tenants in common, their successors and assigns ("Lot Owner"). WCI and the Lot Owner are herein collectively referred to as the "Paities" and each individually as a "Party", and the term Party shall be deemed to refer to such Party and its respective successors, grantees and assigns. WHEREAS, WCI is the developer of certain real property lying within the Northwest Y-i of Section 31, Township 48 South, Range 26 East, Collier County, Florida, as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference ("WCI Property"); WHEREAS, Lot Owner is the fee simple title holder to Lot 3, Block 8, Wilshire Lakes, Phase Two, a subdivision according to a plat thereof recorded in Plat Book 27, Pages 24 through 27, inclusive, of the Public Records of Collier County, Florida ("Lot Owner Propertv"), which is located within a larger master-planned community known as Wilshire Lakes; WHEREAS, the Parties, Wilshire Lakes Master Association, Inc. a Florida not for profit corporation, and certain other individuals executed that ce1tain Memorandum of Understanding which contemplated, among other things, the execution and recordation of this Agreement; WHEREAS, attached hereto as Exhibit "B" are the legal description and sketches of a portion of the WCI Property that fronts the Lot Owner Property and is labeled LBE 1 on the sketch ("Easement Area") that have been or that may hereafter be improved by WCI with landscape features, all at WCI's expense, for the purpose of establishing enhanced aesthetics for the Lot Owner; and WHEREAS, the Lot Owner is requesting a nonexclusive easement over the Easement Area for the purposes set forth herein and WCI has agreed to such request, subject to the terms and conditions hereof. EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE I AGREEMENT: NOW, THEREFORE, for and in consideration of the sum of Ten and Noll OOths Dollars ($10.00), the mutual covenants contained herein and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties hereby grant, covenant and agree as follows: 1. Recitals. The foregoing recitals are true and correct and they are incorporated herein by this reference. 2. Declaration of Landscape Easement. A perpetual, nonexclusive easement over, under and through the Easement Area is hereby established in favor of the Lot Owner, for the purposes of, from time to time, maintaining certain landscaping and operating ce1tain water utilities to serve such landscaping that has been or will be installed within the Easement Area by WCI. All utilities serving the landscape features within the Easement Area shall be connected to the WCI utility lines and meters and billed to and paid by WCI; provided, however, that additional shut-off valves for the landscape water utilities shall be located within the Easement Area as an additional accommodation to the Lot Owner. The Easement Area shall be used by the Lot Owner for landscaping only, subject to applicable codes or ordinances. 3. Maintenance. a. Landscape Features. Subject to WCI's obligation to provide irrigation, the Lot Owner shall maintain the landscaping previously installed by WCI within the Easement Area, all at the Lot Owner's expense. Notwithstanding the primary maintenance responsibility of the Lot Owner, if, for any reason other than WCI's failure to provide irrigation, the Lot Owner fails or refuses to keep the Easement Area and the landscaping features therein in good condition, then WCI shall have the right (but not the obligation, and only after the expiration of a thirty (30) days' written notice and cure period), to undertake any maintenance or repairs deemed reasonably necessary or advisable by WCI, and in such event, all costs and expenses reasonably incurred by WCI in performing such work shall be immediately reimbursed by the Lot Owner to WCI, by no later than fifteen (I 5) days after written demand therefore (which demand shall be accompanied by paid invoices or other satisfactory evidence of such expenditures); except that the maximum reimbursable cost is the amount required to meet minimum code requirements. b. Utilities. WCI shall be responsible for the ongoing maintenance and repair of the utilities serving the landscaping within the Easement Area in accordance with applicable laws; provided, however, in no event shall WCI be responsible for the cost or expense of any maintenance item, repair, or replacement of such utilities which is made necessary by the negligent or willful acts or omissions by the Lot Owner or its contractors, subcontractors, agents or assigns, and the Lot Owner shall reimburse WCI upon written demand for such costs and expenses. 4. Mutual Indemnification. The Lot Owner shall indemnify, defend, and hold WCI and its board members, members, officers, employees, and agents harmless from and against any loss, damage, claim, cause of action or expense any may suffer or incur (including, without limitation, attorneys' and legal assistants' fees) related to or arising out of any gross negligence, willful misconduct, or by reason of any breach of this Agreement by the Lot Owner. Similarly, WCI shall indemnify, defend, and hold the Lot Owner harmless from and against any loss, damage, claim, cause of action or expense they may suffer or incur (including, without limitation, attorneys' and legal assistants' fees) related to or arising out of any gross negligence, willful misconduct, or by reason of any breach of this Agreement by WCI. 5. Run with the Land. The benefits and burdens arising under this Agreement shall run with the Lot Owner Property as well as the WCI Property. Notwithstanding the generality of the foregoing, it is acknowledged and agreed that (i) the Lot Owner shall have the right to assign its rights and obligations EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 2 under this Agreement to the Wilshire Lakes Master Association, Inc., a Florida not for profit corporation, and (ii) WCI shall have the right to assign its rights and obligations under this Agreement to any person or entity in its sole and absolute discretion. Any assignment and assumption shall be by recorded instrument executed with the formalities of a deed, and upon the recording of such assignment and assumption, the Lot Owner or WCI, as applicable, shall be automatically released from its obligations hereunder. Nothing contained in this Agreement shall be deemed to be a dedication of any area for public use, and all rights and easements herein created are private and do not constitute a grant for public use. 6. No Interference with Easement. At no time shall there be erected or permitted to exist any gate, barrier or other condition within the Easement Area which would have the effect of impairing or hindering the use of the Easement Area for the purposes granted herein. 7. Notices. All notices, demands, requests and other communications required or permitted hereunder shall be in writing. All such notices, demands requests and other communications (and copies thereof) shall be deemed to be delivered: (a) if sent by messenger, upon personal delivery to the party to whom the notice is directed; (b) if sent by electronic mail, upon transmission (but only so long as a copy of the notice is also sent by another method provided for in this Section); (c) if sent by overnight courier, with request for next business day delivery, on the next business day after sending; or (d) whether actually received or not, two (2) business days after deposit in a regularly maintained receptacle for the United States mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: To WCI: To Lot Owner: WCI COMMUNITIES, LLC c/o Coleman, Yovanovich & Koester, P.A. Attn: Richard Yovanovich 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 ryovanovich@cyklawfirm.com LA WREN CE M. DOYLE, JESSICA E. DOYLE AND JERRY T. EDWARDS 8. Attorney's Fees and Costs. In connection with any litigation arising out of this Agreement, or the breach, enforcement or interpretation of this Agreement, the prevailing party shall be entitled to recover from the party not prevailing its reasonable costs and attorney fees, paralegal fees and expert fees incurred at trial, retrial, on appeal, at hearings and rehearings, and in all administrative, bankruptcy and reorganization proceedings. 9. Waiver of Trial by Jury. THE PARTIES HEREBY KNOWINGLY, IRREVOCABLY, VO LUNT ARIL Y AND INTENTIONALLY WAIVE ANY RIGHTS TO A TRIAL BY JURY IN RESPECT OF ANY ACTION, PROCEEDING OR COUNTERCLAIM BASED ON THIS AGREEMENT OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT OR ANY EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 3 DOCUMENT OR INSTRUMENT EXECUTED IN CONNECTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTION OF ANY PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES HERETO ENTERING INTO THE SUBJECT AGREEMENT. 10. Miscellaneous. This Agreement may be executed in several counterpaits, each of which shall be deemed an original. The signature of the parties hereto on this Agreement may be executed and notarized on separate pages and when attached to this Agreement shall constitute one complete document. This Agreement shall be construed, governed, interpreted and enforced in accordance with the laws of the State of Florida. Any failure to enforce any provision contained in this Agreement shall in no way be deemed a waiver of the right to do so thereafter. The invalidity, violation, abandonment or waiver of any one or more of any of the provisions hereof shall not affect or impair the remaining portions of this Agreement. This Agreement cannot be altered, amended or ratified except by written instrument executed by the parties hereto or their respective successors and assign and recorded in the Public Records of Collier County, Florida. [SIGNATURES APPEAR ON THE FOLLOWING PAGES) EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 4 IN WITNESS WHEREOF, the Paiiies have executed thi · Agreement effective as of the date first above written. Signed, scaled and delivered in the presence of: (1) ~ a-;;;-Print Nan,~ ".7'effe ... ,., /),;.,.,,., 7 STATE OF FLORIDA COUNTY OF Lgt/ ) ) SS: ) WCI: NITffiS, LLC, a Florida limited . ~ By .. Name:~r,...,.. i o ~~ ~ r -{j!: ¥ Title:( 'c.. t!. " P,;~5 lei-i:; The eregoing instrument was acknowledged before me this ~~ay or Oc.p be,/' , 2017 by JA;, ~LtV l?;t,J, as P-~,,.. • . oJ'WCJ COMMUNITIES, LLC, a Florida limited liability company, on bchal f of such limited liabilil;, company. S/1 le is personally kno,\11 lo me or has produced as identification. fNOTARIAL SE/\Ll 4 ~ / Pri~---~--------Notary Public, Stale of florida at Large Commission No.: -------------My Commission Expires: EASEMENT 1\GREEMENT FOR LANDSCAPE MAINTENANCE 5 Signed, sealed and delivered in the presence of: LOT OWNER: (2) Print Name: RYT. EDWARDS (2) Print Name: . a / The_!QregoiHg..i~ument was acknowledged before me this 2 9 day of.Je~mD~17 by LAWRENCE M. DOYLE. He is ~o me or has produced as ideotifitation. [NOTARIAL SEAL] EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 6 The fore o· instrument was acknowledged before me this:?o/'filiv of V~tJ.Y-¥1rk1 by JESSICA E. DOYLE. She is pe · nally known to me or has produced as identificati~ · [NOTARIAL SEAL] (~'.Jtl:) lvlY COM~ISSIO;:J ~r-;o~;851 )0~~;s~~~i1o.~ate ofFE~ Off~t'-5 \{f;;';,;.df/ EXPIRES January 23, 2018 / My Commission Expires: -+-----(407) ~3 ... _ FloridaNotn_rySeNice.cor;i_=· -z:., ~tZ--/'IA.-L ~ .,.? ~ .;;J. tJ / g The foregoing instmment was acknowledged before me thi~ day of.S: ouok by JERRY T. EDWARDS. He is p~ me or has produced . as idcntificatftn. [NOTARIAL SEAL] Print or Star Tame: V tJ M =c:s. Notary Public, State of rida at Large Commission No.: FF Otf'5l?S-/ My Commission Expires: 8£ "-'-'-/ ::, '1 :;>o ;! [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.I EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 7 EXHIBIT "A" WCI PROPERTY ( 16-126-PL T) A PARCEL OF LAND LYING WITHIN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE BOUNDARY OF WILSHIRE LAKES, PHASE 2, PLAT BOOK 27, PAGES 24 THROUGH 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN ALONG SAID BOUNDARY FOR THE FOLLOWING FIVE (5) COURSES AND DISTANCES, 1) SOUTH 02°09'46" EAST, A DISTANCE OF 667.55 FEET; 2) THENCE NORTH 89°56'27" WEST, A DISTANCE OF 165.10 FEET; 3) THENCE SOUTH 02°09'53" EAST, A DISTANCE OF 333.78 FEET; 4) THENCE NORTH 89°56'39" WEST, A DISTANCE OF 495.26 FEET; 5) THENCE SOUTH 02°10'14" EAST, A DISTANCE OF 333.90 FEET TO THE NORTHEAST CORNER OF THE LANDS LESSED OUT FOR PUBLIC RIGHT-OF-WAY PER OFFICIAL RECORDS BOOK 2632, PAGE 1892, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LANDS FOR THE FOLLOWING TEN (10) COURSES AND DISTANCES, 1) NORTH 89°57'44" WEST, A DISTANCE OF 165.19 FEET; 2) THENCE SOUTH 02°10'03" EAST, A DISTANCE OF 30.02 FEET; 3) THENCE SOUTH 89°57'44" EAST, A DISTANCE OF 135.17 FEET; 4) THENCE SOUTH 02°10'14" EAST, A DISTANCE OF 273.71 FEET; 5) THENCE NORTH 89°57'36" WEST, A DISTANCE OF 135.18 FEET; 6) THENCE SOUTH 02°10'03" EAST, A DISTANCE OF 60.04 FEET; 7) THENCE SOUTH 89°57'36" EAST, A DISTANCE OF 135.18 FEET; 8) THENCE SOUTH 02°10'14" EAST, A DISTANCE OF 273.71 FEET; 9) THENCE NORTH 89°57'27" WEST, A DISTANCE OF 135.20 FEET; 10) THENCE SOUTH 02°10'03" EAST, A DISTANCE OF 30.02 FEET; THENCE NORTH 89°57'27" WEST, A DISTANCE OF 495.67 FEET; THENCE NORTH 02°09'30" WEST, A DISTANCE OF 667.45 FEET TO A POINT ON THE LANDS LESSED OUT FOR PUBLIC RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 970, PAGE 1759, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LANDS FOR THE FOLLOWING THREE (3) COURSES AND DISTANCES, 1) SOUTH 89°57'44" EAST, A DISTANCE OF 165.20 FEET; 2) THENCE NORTH 02°13'33" WEST, A DISTANCE OF 30.02 FEET; 3) THENCE NORTH 89°57'44" WEST, A DISTANCE OF 165.19 FEET; THENCE NORTH 02°12'20" WEST, A DISTANCE OF 414.28 FEET; THENCE NORTH 89°56'27" WEST, A DISTANCE OF 23.58 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE SOUTHWESTERLY 144.02 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 173.50 FEET, A CENTRAL ANGLE OF 47°33'41", (CHORD BEARING SOUTH 66°16'42" WEST, A DISTANCE OF 139.92 FEET); THENCE SOUTH 42°29'52" WEST, A DISTANCE OF 39.33 FEET TO A POINT ON A CURVE TO THE RIGHT; THENCE WESTERLY 296.55 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 226.50 FEET, A CENTRAL ANGLE OF 75°00'57", (CHORD BEARING SOUTH 80°00'20" WEST, A DISTANCE OF 275.82 FEET); THENCE NORTH 62°29'11" WEST, A DISTANCE OF 221.68 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE WESTERLY 321.35 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 573.50 FEET, A CENTRAL ANGLE OF 32°06'18", (CHORD BEARING NORTH 78°32'21" WEST, A DISTANCE OF 317.17 FEET) TO A POINT ON A REVERSE CURVE TO THE RIGHT; THENCE NORTHWESTERLY 256.06 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 216.50 FEET, A CENTRAL ANGLE OF 67°45'58", (CHORD BEARING NORTH 60°42'31" WEST, A DISTANCE OF 241.40 FEET); THENCE NORTH 26°49'32" WEST, A DISTANCE OF 56.12 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE NORTHWESTERLY 175.82 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 55°58'00", (CHORD BEARING NORTH 54°48'32" WEST, A DISTANCE OF EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 8 168.92 FEET)TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD; THENCE ALONG SAID RIGHT-OF-WAY, NORTH 02°12'17" WEST, A DISTANCE OF 56.38 FEET; THENCE SOUTH 89°56'27" EAST, A DISTANCE OF 33.93 FEET TO A POINT ON A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY332.32 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 293.50 FEET, A CENTRAL ANGLE OF 64°52'26", (CHORD BEARING SOUTH 57°30'14" EAST, A DISTANCE OF 314.85 FEET) TO A POINT ON A REVERSE CURVE TO THE LEFT; THENCE SOUTHEASTERLY 191.78 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 176.50 FEET, A CENTRAL ANGLE OF 62°15'19", (CHORD BEARING SOUTH 56°11'40" EAST, A DISTANCE OF 182.48 FEET) TO A POINT ON A REVERSE CURVE TO THE RIGHT; THENCE EASTERLY 270.26 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 623.50 FEET, A CENTRAL ANGLE OF 24°50'08", (CHORD BEARING SOUTH 74°54'16" EAST, A DISTANCE OF 268.15 FEET); THENCE SOUTH 62°29'11" EAST, A DISTANCE OF 221.68 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE EASTERLY 231.09 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 176.50 FEET, A CENTRAL ANGLE OF 75°00'57", (CHORD BEARING NORTH 80°00'20" EAST, A DISTANCE OF 214.93 FEET); THENCE NORTH 42°29'52" EAST, A DISTANCE OF 39.33 FEET TO A POINT ON A CURVE TO THE RIGHT; THENCE NORTHEASTERLY 185.53 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 223.50 FEET, A CENTRAL ANGLE OF 47°33'41", (CHORD BEARING NORTH 66°16'42" EAST, A DISTANCE OF 180.25 FEET); THENCE SOUTH 89°56'27" EAST, A DISTANCE OF 21.60 FEET; THENCE NORTH 02°12'20" WEST, A DISTANCE OF 143.61 FEET TO A POINT ON THE LANDS LESSED OUT FOR PUBLIC RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 970, PAGE 1759, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LANDS FOR THE FOLLOWING THREE (3) COURSES AND DISTANCES, 1) THENCE SOUTH 89°56'27" EAST, A DISTANCE OF 164.98 FEET; 2) THENCE NORTH 02°13'33" WEST, A DISTANCE OF 30.02 FEET; 3) THENCE NORTH 89°56'27" WEST, A DISTANCE OF 164.97 FEET; THENCE NORTH 02°12'20" WEST, A DISTANCE OF 667.63 FEET TO A POINT ON THE BOUNDARY OF THE AFOREMENTIONED WILSHIRE LAKES, PHASE 2; THENCE ALONG SAID BOUNDARY, SOUTH 89°56'17" EAST, A DISTANCE OF 1,322.06 FEET TO THE POINT OF BEGINNING. CONTAINING 45.55 ACRES, MORE OR LESS. EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 9 EXHIBIT "B" EASEMENT AREA LEGAL DESCRIPTION AND SKETCH (DOYLE & EDWARDS) l:.XHIBIT ·a· TO EASEMENT AGREEMENT FOR L.ArJCSCAPC l.!1AltJTEU.O.NCE (DOYI.E I.NO EDWARDS) 0 25' 50' SCALE: ! " 100' 50' L'Jrl ttu:x11 I ~1 \ , :..,:.s £ v.;;rs. PH~!r:J ..:;~ ~ ~ 11 :, PiJ 77. Pr. 74-'l ?~ ~ ~~ ~ wr z I tor J t~:-., • t CIO'X!J : : El..0:Ka ~ li~O::,(if ~ I I ' ----: ---' ~---------~---.f!.L. --------=--:._---~----_..J --- - --- ---T ~ --I I -r---:/PODS 7()'/SJ. E 112.s,· I I 1 HE"J j) 1----'°"'-'C<_.rr_,_~ · \ "'''''""'' ~-urarSJ·w ,,,,, ..•. 1 -N 81SOtJl" £ ~ ~~:: t I IJO,' wj « :;;£!.!"i er:>< !.!l~M.UiCf':,£. ,,·11;r.rsr<0)1J1 'NOT A SURVEr PROPERlY DESCRIPTION A 10 I CCI ,~· U.',".);(;»'£ rvu t:lt :,A!Lr;[l,1 I. 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"' N ~ 0 N I;; i 1------~------------------------------~------------------~--------l _Jdv,k..,?-~ or'AV/l'IOY IC.JO CHECKED a·t: DLS JO:lCOOC: \':Cll'l..'t 6CAI..E.: 1·= :.a O~TI?'. J.kJLf7'117 f1te. 1~1!0-Lllt Sti;ET: 1 d 1 [/ikl] GraclyMinor CMI E"nginc.e,s C«Lof,\ult,.l:00('051::il I.nod Surveyor~ Ccrt.ol.blll. LUO(-QSIS1 nnnh:1 Srirlnr.,c· '.!,1Q ll.!7 11,IJ Pl;mncrs (), GutJr!i!lrmr.:imJ,\:t!odr.tc.s,l'.r\. 31100 VJ.I l>cl R(-1' noan,1 s1111n~J'.o. F!oil!IJ 3·1134 I .:uulsc;ipc ArrJ1i1cc1::. F,"nrt \h,•r-.:· ?1Q J;llO-l!'UlO SKETCH /\ND DESCRIPTION 10' LANDSCAPE BUFFER EASEMENT 3 LYING IN SECTION 31, TOWNSHIP 48 SOUTH, rtANCE 23 EAST COLLIER COUUlY, FLORIDA. EASEMENT AGREEMENT fOR LANDSCAPE MAINTENANCE 10 ff. 12!/1.L f ~,\;:;j,(.~ .on,~ ~m'.l"Rll 6 EXHIBIT "C" -ROBERTS THIS INSTRUMENT PREPARED BY: FRANCESCA PASSIDOMO, ESQ. COLEMAN, YOVANOVICH & KOESTER, P.A. 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FLOR1DA 34103 [Space above line reserved for recording office use] EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE TH~ EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE ("Agreement") is made this~ day of ~017, by and between WCI COMMUNITIES, LLC, a Florida limited liability company, and its successors and/or assigns ("WCI") and JAMES A. ROBERTS AND SHERI ROBERTS, their successors and assigns ("Lot Owner"). WCI and the Lot Owner are herein collectively referred to as the "Parties" and each individually as a "Party", and the term Paity shall be deemed to refer to such Party and its respective successors, grantees and assigns. WHEREAS, WCI is the developer of certain real property lying within the Northwest Y-t of Section 31, Township 48 South, Range 26 East, Collier County, Florida, as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference ("WCI Property"); WHEREAS, Lot Owner is the fee simple title holder to Lot 1, Block 8, Wilshire Lakes, Phase Two, a subdivision according to a plat thereofrecorded in Plat Book 27, Pages 24 through 27, inclusive, of the Public Records of Collier County, Florida ("Lot Owner Property"), which is located within a larger master-planned community known as Wilshire Lakes; WHEREAS, the Parties, Wilshire Lakes Master Association, Inc. a Florida not for profit corporation, and certain other individuals executed that ce1tain Memorandum of Understanding which contemplated, among other things, the execution and recordation of this Agreement; WHEREAS, attached hereto as Exhibit "B" are the legal description and sketches of a portion of the WCI Prope1ty that fronts the Lot Owner Property and is labeled LBE 1 on the sketch ("Easement Area") that have been or that may hereafter be improved by WCI with landscape features, all at WCI's expense, for the purpose of establishing enhanced aesthetics for the Lot Owner; and WHEREAS, the Lot Owner is requesting a nonexclusive easement over the Easement Area for the purposes set forth herein and WCI has agreed to such request, subject to the terms and conditions hereof. EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE I AGREEMENT: NOW, THEREFORE, for and in consideration of the sum of Ten and No/lOOths Dollars ($10.00), the mutual covenants contained herein and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties hereby grant, covenant and agree as follows: 1. Recitals. The foregoing recitals are true and correct and they are incorporated herein by this reference. 2. Declaration of Landscape Easement. A perpetual, nonexclusive easement over, under and through the Easement Area is hereby established in favor of the Lot Owner, for the purposes of, from time to time, maintaining certain landscaping and operating certain water utilities to serve such landscaping that has been or will be installed within the Easement Area by WCI. All utilities serving the landscape features within the Easement Area shall be connected to the WCI utility lines and meters and billed to and paid by WCI; provided, however, that additional shut-off valves for the landscape water utilities shall be located within the Easement Area as an additional accommodation to the Lot Owner. The Easement Area shall be used by the Lot Owner for landscaping only, subject to applicable codes or ordinances. 3. Maintenance. a. Landscape Features. Subject to WCI's obligation to provide irrigation, the Lot Owner shall maintain the landscaping previously installed by WCI within the Easement Area, all at the Lot Owner's expense. Notwithstanding the primary maintenance responsibility of the Lot Owner, if, for any reason other than WCI's failure to provide irrigation, the Lot Owner fails or refuses to keep the Easement Area and the landscaping features therein in good condition, then WCI shall have the right (but not the obligation, and only after the expiration of a thirty (30) days' written notice and cure period), to undertake any maintenance or repairs deemed reasonably necessary or advisable by WCI, and in such event, all costs and expenses reasonably incurred by WCI in performing such work shall be immediately reimbursed by the Lot Owner to WCI, by no later than fifteen (15) days after written demand therefore (which demand shall be accompanied by paid invoices or other satisfactory evidence of such expenditures); except that the maximum reimbursable cost is the amount required to meet minimum code requirements. b. Utilities. WCI shall be responsible for the ongoing maintenance and repair of the utilities serving the landscaping within the Easement Area in accordance with applicable laws; provided, however, in no event shall WCI be responsible for the cost or expense of any maintenance item, repair, or replacement of such utilities which is made necessary by the negligent or willful acts or omissions by the Lot Owner or its contractors, subcontractors, agents or assigns, and the Lot Owner shall reimburse WCI upon written demand for such costs and expenses. 4. Mutual Indemnification. The Lot Owner shall indemnify, defend, and hold WCI and its board members, members, officers, employees, and agents harmless from and against any loss, damage, claim, cause of action or expense any may suffer or incur (including, without limitation, attorneys' and legal assistants' fees) related to or arising out of any gross negligence, willful misconduct, or by reason of any breach of this Agreement by the Lot Owner. Similarly, WCI shall indemnify, defend, and hold the Lot Owner harmless from and against any loss, damage, claim, cause of action or expense they may suffer or incur (including, without limitation, attorneys' and legal assistants' fees) related to or arising out of any gross negligence, willful misconduct, or by reason of any breach of this Agreement by WCI. 5. Run with the Land. The benefits and burdens arising under this Agreement shall run with the Lot Owner Property as well as the WCI Property. Notwithstanding the generality of the foregoing, it is acknowledged and agreed that (i) the Lot Owner shall have the right to assign its rights and obligations EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 2 under this Agreement to the Wilshire Lakes Master Association, Inc., a Florida not for profit corporation, and (ii) WCI shall have the right to assign its rights and obligations under this Agreement to any person or entity in its sole and absolute discretion. Any assignment and assumption shall be by recorded instrument executed with the formalities of a deed, and upon the recording of such assignment and assumption, the Lot Owner or WCI, as applicable, shall be automatically released from its obligations hereunder. Nothing contained in this Agreement shall be deemed to be a dedication of any area for public use, and all rights and easements herein created are private and do not constitute a grant for public use. 6. No Interference with Easement. At no time shall there be erected or permitted to exist any gate, barrier or other condition within the Easement Area which would have the effect of impairing or hindering the use of the Easement Area for the purposes granted herein. 7. Notices. All notices, demands, requests and other communications required or permitted hereunder shall be in writing. All such notices, demands requests and other communications (and copies thereof) shall be deemed to be delivered: (a) if sent by messenger, upon personal delivery to the party to whom the notice is directed; (b) if sent by electronic mail, upon transmission (but only so long as a copy of the notice is also sent by another method provided for in this Section); ( c) if sent by overnight courier, with request for next business day delivery, on the next business day after sending; or (d) whether actually received or not, two (2) business days after deposit in a regularly maintained receptacle for the United States mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: To WCI: To Lot Owner: WCI COMMUNITIES, LLC c/o Coleman, Yovanovich & Koester, P.A. Attn: Richard Yovanovich 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 ryovanovich@cyklawfirm.com JAMES A. ROBERTS AND SHERI ROBERTS 9760 Wilshire Lakes Boulevard Naples, Florida 34102 Roberts. sheri@att.net 8. Attorney's Fees and Costs. In connection with any litigation arising out of this Agreement, or the breach, enforcement or interpretation of this Agreement, the prevailing party shall be entitled to recover from the party not prevailing its reasonable costs and attorney fees, paralegal fees and expert fees incurred at trial, retrial, on appeal, at hearings and rehearings, and in all administrative, bankruptcy and reorganization proceedings. 9. Waiver of Trial by Jury. THE PARTIES HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHTS TO A TRIAL BY JURY IN RESPECT OF ANY ACTION, PROCEEDING OR COUNTERCLAIM BASED ON THIS AGREEMENT OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT OR ANY DOCUMENT OR INSTRUMENT EXECUTED IN CONNECTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 3 WRITTEN) OR ACTION OF ANY PARTY HERETO. THIS PROVISION IS A MATER.JAL INDUCEMENT FOR THE PARTIES HERETO ENTERING INTO THE SUBJECT AGREEMENT. 10. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be deemed an original. The signature of the parties hereto on this Agreement may be executed and notarized on separate pages and when attached to this Agreement shall constitute one complete document. This Agreement shall be construed, governed, interpreted and enforced in accordance with the laws of the State of Florida. Any failure to enforce any provision contained in this Agreement shall in no way be deemed a waiver of the right to do so thereafter. The invalidity, violation, abandonment or waiver of any one or more of any of the provisions hereof shall not affect or impair the remaining portions of this Agreement. This Agreement cannot be altered, amended or ratified except by written instrument executed by the parties hereto or their respective successors and assign and recorded in the Public Records of Collier County, Florida. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 4 IN WITNESS WHEREOF, the Paiiies have executed is Agreement eff<c!ctive as of the date first above written. Signed, sealed and delivered in the pi·esen<::e of: 1 · Print Name· (2) ~~ JewrS Print ~ntC ~tJ Jt1A STATE OF FLOR1Dt\ COUNTY OF Ut! ) :) SS: ) WCI: WCI CO ~~UNITIES, LLC, a Florida limited liability co1 ~ tny The foregoinu ·nstrument was acknowledged before mt: u1isal# day ort:.Yctb/J.e..r . 20,1 by_j,..;,JAJf·A{IA.r(ll.v/. as {!/l. ~ S. , ofWCl COMMUNITIES, LLC, ,1 Flo1'itla limited liability company, on behalf of such limited liabilily company. S/He is personally kno\1~1 to me or has produced as identi fic.alion. -. [NOTARIAL SEALJ ®Gail Lucas c:; NOTARY PUBLIC ~ ~STATE OF FLORIDA "'ill 'li ~ Comm# FF964336 rivce 111"'\ Expires 4/27/2020 ~· .. / Prifi~~-~-----------Notary Public, State of Florida at Large Commission No.: -------------My Commission Expires: EASEMENT AGREEMENT FOR LI\NDSCAPE MAINTENANCE 5 Signed, sealed and delivered in the presence of: Yi7 fl,~t?~ (2) In. Ctf.att;-,~~ Print Name: M r A-'17#/ S:TE"v' f/-f:.-'"]./s J ST A TE OF FLORJDA COUNTY OF LE£ ) ) SS: ) LOT OWNER: ~,/~~ JAMES A. ROBERTS SHERI ROBERTS The fore oing instrument was acknowledged before me this!8'~ay of Sep T, personally known to me r has produced A)/ A--as identification. 2017 by JAl'vlES A. ROBERTS. He is [NOTARIAL E ' ST A TE Of FLO IUD A COUNTY OF LiZ[;: ) ) SS: ) Print or Stamp Name, M ' e,4·T'l-f-t,,J 57EPH:€JV.S Notary Public, State of Florida at Largc1 Commission No.: if q 7 c./-g't./ / My Commission Expires: fe, /; 8' / .;7.o :;J-D 1,.-;+-t, S' The fore oin instn11ncnt was acknowledged bef9re me thi~~day of €pT. 2017 by SHERI ROBERTS. She is ersonally known~r has produced tJ LA-as identification. [NOTARIA · ·] M. CAlliY STEPHENS MY COMMISSION II FF974841 EXPIRES: Juno 18, 2020 Bondod Thru Nolary Pub!lo UllderMllora /J1 . Cut A--~~L--./ PrintorStmnpName: 'f!M, O.i(n-1v; S:T£ft-1-c")"JS Notary Public, State offlorida at Large Commission No.: Fe 9'7 f: f:f'l/ / My Commission Expires: 4, / / I lf' ;).D :J_ 0 EASEMENT AGREEMENT FOR L/\.NDSCAJ'E MA1NTENANCE 6 ·,·.· EXHIBIT "A" WCI PROPERTY (16-126-PLT) A PARCEL OF LAND LYING WITHIN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE BOUNDARY OF WILSHIRE LAKES, PHASE 2, PLAT BOOK 27, PAGES 24 THROUGH 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN ALONG SAID BOUNDARY FOR THE FOLLOWING FIVE (5) COURSES AND DISTANCES, 1) SOUTH 02°09'46" EAST, A DISTANCE OF 667.55 FEET; 2) THENCE NORTH 89°56'27" WEST, A DISTANCE OF 165.10 FEET; 3) THENCE SOUTH 02°09'53" EAST, A DISTANCE OF 333.78 FEET; 4) THENCE NORTH 89°56'39" WEST, A DISTANCE OF 495.26 FEET; 5) THENCE SOUTH 02°10'14" EAST, A DISTANCE OF 333.90 FEET TO THE NORTHEAST CORNER OF THE LANDS LESSED OUT FOR PUBLIC RIGHT-OF-WAY PER OFFICIAL RECORDS BOOK 2632, PAGE 1892, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LANDS FOR THE FOLLOWING TEN (10) COURSES AND DISTANCES, 1) NORTH 89°57'44" WEST, A DISTANCE OF 165.19 FEET; 2) THENCE SOUTH 02°10'03" EAST, A DISTANCE OF 30.02 FEET; 3) THENCE SOUTH 89°57'44" EAST, A DISTANCE OF 135.17 FEET; 4) THENCE SOUTH 02°10'14" EAST, A DISTANCE OF 273.71 FEET; 5) THENCE NORTH 89°57'36" WEST, A DISTANCE OF 135.18 FEET; 6) THENCE SOUTH 02°10'03" EAST, A DISTANCE OF 60.04 FEET; 7) THENCE SOUTH 89°57'36" EAST, A DISTANCE OF 135.18 FEET; 8) THENCE SOUTH 02°10'14" EAST, A DISTANCE OF 273.71 FEET; 9) THENCE NORTH 89°57'27" WEST, A DISTANCE OF 135.20 FEET; 10) THENCE SOUTH 02°10'03" EAST, A DISTANCE OF 30.02 FEET; THENCE NORTH 89°57'27" WEST, A DISTANCE OF 495.67 FEET; THENCE NORTH 02°09'30" WEST, A DISTANCE OF 667.45 FEET TO A POINT ON THE LANDS LESSED OUT FOR PUBLIC RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 970, PAGE 1759, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LANDS FOR THE FOLLOWING THREE (3) COURSES AND DISTANCES, 1) SOUTH 89°57'44" EAST, A DISTANCE OF 165.20 FEET; 2) THENCE NORTH 02°13'33" WEST, A DISTANCE OF 30.02 FEET; 3) THENCE NORTH 89°57'44" WEST, A DISTANCE OF 165.19 FEET; THENCE NORTH 02°12'20" WEST, A DISTANCE OF 414.28 FEET; THENCE NORTH 89°56'27" WEST, A DISTANCE OF 23.58 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE SOUTHWESTERLY 144.02 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 173.50 FEET, A CENTRAL ANGLE OF 47°33'41", (CHORD BEARING SOUTH 66°16'42" WEST, A DISTANCE OF 139.92 FEET); THENCE SOUTH 42°29'52" WEST, A DISTANCE OF 39.33 FEET TO A POINT ON A CURVE TO THE RIGHT; THENCE WESTERLY 296.55 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 226.50 FEET, A CENTRAL ANGLE OF 75°00'57", (CHORD BEARING SOUTH 80°00'20" WEST, A DISTANCE OF 275.82 FEET); THENCE NORTH 62°29'11" WEST, A DISTANCE OF 221.68 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE WESTERLY 321.35 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 573.50 FEET, A CENTRAL ANGLE OF 32°06'18111 (CHORD BEARING NORTH 78°32'21" WEST, A DISTANCE OF 317.17 FEET) TO A POINT ON A REVERSE CURVE TO THE RIGHT; THENCE NORTHWESTERLY 256.06 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 216.50 FEET, A CENTRAL ANGLE OF 67°45'58", (CHORD BEARING NORTH 60°42'31" WEST, A DISTANCE OF 241.40 FEET); THENCE NORTH 26°49'32" WEST, A DISTANCE OF 56.12 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE NORTHWESTERLY 175.82 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 7 180.00 FEET, A CENTRAL ANGLE OF 55°58'00", (CHORD BEARING NORTH 54°48'32" WEST, A DISTANCE OF 168.92 FEET)TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD; THENCE ALONG SAID RIGHT-OF-WAY, NORTH 02°12'17" WEST, A DISTANCE OF 56.38 FEET; THENCE SOUTH 89°56'27" EAST, A DISTANCE OF 33.93 FEET TO A POINT ON A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY332.32 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 293.50 FEET, A CENTRAL ANGLE OF 64°52'26", (CHORD BEARING SOUTH 57°30'14" EAST, A DISTANCE OF 314.85 FEET) TO A POINT ON A REVERSE CURVE TO THE LEFT; THENCE SOUTHEASTERLY 191.78 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 176.50 FEET, A CENTRAL ANGLE OF 62°15'19", (CHORD BEARING SOUTH 56°11'40" EAST, A DISTANCE OF 182.48 FEET) TO A POINT ON A REVERSE CURVE TO THE RIGHT; THENCE EASTERLY 270.26 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 623.50 FEET, A CENTRAL ANGLE OF 24°50'08", (CHORD BEARING SOUTH 74°54'16" EAST, A DISTANCE OF 268.15 FEET); THENCE SOUTH 62°29'11" EAST, A DISTANCE OF 221.68 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE EASTERLY 231.09 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 176.50 FEET, A CENTRAL ANGLE OF 75°00'57", (CHORD BEARING NORTH 80°00'20" EAST, A DISTANCE OF 214.93 FEET); THENCE NORTH 42°29'52" EAST, A DISTANCE OF 39.33 FEET TO A POINT ON A CURVE TO THE RIGHT; THENCE NORTHEASTERLY 185.53 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 223.50 FEET, A CENTRAL ANGLE OF 47°33'41", (CHORD BEARING NORTH 66°16'42" EAST, A DISTANCE OF 180.25 FEET); THENCE SOUTH 89°56'27" EAST, A DISTANCE OF 21.60 FEET; THENCE NORTH 02°12'20" WEST, A DISTANCE OF 143.61 FEET TO A POINT ON THE LANDS LESSED OUT FOR PUBLIC RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 970, PAGE 1759, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID LANDS FOR THE FOLLOWING THREE (3) COURSES AND DISTANCES, 1) THENCE SOUTH 89°56'27" EAST, A DISTANCE OF 164.98 FEET; 2) THENCE NORTH 02°13'33" WEST, A DISTANCE OF 30.02 FEET; 3) THENCE NORTH 89°56'27" WEST, A DISTANCE OF 164.97 FEET; THENCE NORTH 02°12'20" WEST, A DISTANCE OF 667.63 FEET TO A POINT ON THE BOUNDARY OF THE AFOREMENTIONED WILSHIRE LAKES, PHASE 2; THENCE ALONG SAID BOUNDARY, SOUTH 89°56'17" EAST, A DISTANCE OF 1,322.06 FEET TO THE POINT OF BEGINNING. CONTAINING 45.55 ACRES, MORE OR LESS. EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 8 \..j EXHIBIT "B" EASEMENT AREA LEGAL DESCRIPTION AND SKETCH (ROBERTS) EXHIBIT "B' TO EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE (ROBERTS) 25· so· ,oo· SCALE: J" 50' THIS P\.>,/l IIM ll,W'E l!(CU OllA<ic!'.O OR Ra_l0r.£D fRi;)t.l L'ITWOCO O.SPLJ,'1' SCALE F"(ll~ ;;:~QDt1Ci10!~ R~Otr.i ,r5(,lrn£i,(l{TR.< UICl"lf.\'."Ui::rr-c f,.WjU.7i7DfJI LEGEND: ~ore..-;:.~;:; CC DRJ.'J..A:;t;[A!;Cll[Nf PB PU:.T~ P: NC£(~} UiC v.,.,;;-;c,..1 ourrrR f;A!;£l,f(Nr l't/c p,,JiJt.£ utun-o.s~ C'J£ CtlrkllY ua,rr rASQI0,7 PROPERTY DESCRIPTION A ro roor .-.a; t,,..\O'"..C.VC IJiJIT'Ut E:X5EIIDlr ,~ iH n..: ,;cg~_sr OlJIRTDI rY S.CCi'ICN .Jt. il)',.>r..>.,,;> I! SOUTH. ~'Gt; 15 CIJ1, 8DC ~ PIJl/:cL'fAAJ.'( ~ AS n:x.~-CCGCI M 1/IC lnPD<llfST ct;,FmCR er lOf I, /!tOO< t. P/LSnlP.!: UV.l:S l'w..JI: ;, rlJ.T tr.JCK JI, P.U:CS :4 th-:r:x..~ :,1, f't!OU: fi!CC.'£0: C, C'C'UP CWY1Y. QGR&.• 1tc--.;,: NI !..tv.; ."UC 11crr u.•:c or SAi!) Dt.OCX "-S<I/JTH ~·.s.r rut. ~ ~r-.r,'CC CT 11,.111 Fm; 111£/,U: SCCJTII !.!7:7JW' l"fSI, A t:5' .... ~, car 10.00 rrcr ro ,1. PO.Nt Cl/ .t u.'1£ 11u.1 rs AOT u: A'/IJ IW'.AtUa "' i>i! !IOI LINC. or $AV !ll.~ ~-r-oa: RUN A!..Q.V:: ~~ f'IJW.lll t.l"Jf; li'JIITH OJ"O,-,,J '4!:Sl. ,1 afll,vt:£ er ,:.u. ITU: i)fDr.(. SWT/1 ~'!,;':;r wr. .... !f.f'.4-.CC er 11:.11 ,rcr It] A l'Ol!/1 Ct/ THC IIESI i,T,!' DJ" 1i>XT ·cs· Of :;,.-, Pi,1.1, 1111:J,U Pt..'Y NC..W: s,tr,) LJ!I{, WJJH CJ"CJ''4 LU'T. A DI.ST.A'ta: OT 1001' ,w fO A PO,.'" ()>I r...: ~ V'if' 0, ~ tor I: D!!.NCC 11'.NI JJ..C.-t: !:,I.!) !!~ JoiM:X l7$6";r •ar •... C!SUH~c ar ,~ ,a rrr.r 10 me P0,...,7 or llffi'.v,,r;, e:JHrA<:,'.'~ :l,9Sr SC:<.!-.~ fF-T, V'.AC Oi'I' USS. NOTES: I. f!.YIINZ :;1~·1 ffOlro.~ B,t;c.D CII T1C .S":.A.'C PUN! ~:r: ~rCN CSTA!I..ISH!D Bf mr ,,.~ ~ Si.JR,t'( RYf n~ o.sr Z-:tNC. ~~ G4rw 11',";/ 1m ~1U(N1 ~ R(FCR lt:J TN£ "GT U,.(' 0-B.:.or .S OF l~tM"!5.ff/,A.S!Z.l'fATIJ(J(JKV,FKZSJ4:HROtJQi ~.J. P,.9.JC ~£CX.,:,OS OF CXJiJJOf caMTr. nc~ AS 0DN(; st!U,"U~'.S.J·UST. l, r,,;&Jai!;J,}.•/S ~I ~!a,J #i( W V.S. Sl.,R',{T fU:T" A'>t/ ctC.lMLS 11/iRIJX. J ~ 'SXCTnf 4.-.0 cc:sr;.YT'ICV< IS ,'£JI. YIWt' da.JT 1/tC. SC."4nll'I:! n,o ()'l!!C\'H(. 1t,'\ISC1 SOL or "' LJCtMO ftDff.Ot !.'.I.RIO"OR M:t IMPPCR.. !/'O ~-mrr;,,s C,"! ro.cn;t,"S iO Tnt; SA£'n:U A'.:J ~na.,; Nit: pa;,,{j(;UJ A.'l!OJI" 71iC ~ •Rf11'"CH cu,'SCNr c; ;Ht S/Ch.'T,--;; Fmrr ti -'""""' J!l',O, "''" US<N"«< ,. ,,.,1. ~ 1--'N_O_T_A_s_u_R_VE_Y~· ---''"'""""'=cc'"ec":c""=,,.:::'c::"""=""'="""':;:''.:..":::":.c':.:;'"':::· 'c:,,.c..:"::;."'':c"'ml;:::. "-' ::."".:..'·.:..".:..· ----------~------------------~-,1-~--1-· 1-------s_K_ET_c_H_A_,_,o_o_E_SC_R,_Pr_,o_N _____ -i 'E$.LJ)l!J,,-g CR.w,,illY IUG CHfiCl(f.0 OY: ntS J08COP£'. \\CPVG SCALE: 1"• 50' MTC 3.M.Y2)17 li.HE[l; 1 cf I [~]GradyMinor O. l:r:itl)' ~llnC>r ;mil A~l.1\et-. I'~-\. 31100\'laOrl J:cr r,onl1:1Sprto.i:1>, llor1t1;1 J-11:1-1 10' LANDSCAPE BUFFER EASEMENT 1 g CMI En~lnccrs Cc1Lvt:\ut11.l:i1uoo;,;1:;1 l~uul Surveyors C(tt.ot,\1.itn..l.llOCU:il:il l1lar111crs wu,11·.1:r:1Ji-,tl/111>r.r11,n l,;imlSC:fll>C ,\n:l1IICCIS LYING IN SECTION 31. TO'M-ISHIP 46 sount. RANGE 26 EAST COLLIER COUNTY. FLORIDA EASEMENT AGREEMENT FOR LANDSCAPE MAINTENANCE 9 ...... , / j £ ~~ Xlol..Dn..\r;~~~rs.11 ~ JTA~Ell(.V i:; THIS INSTRUMENT PREPARED BY: FRANCESCA P/\SSIDOMO, ESQ. COLEMAN, YOVANOVICH & KOESTER, P.A. 4001 TAMI AMI TRAIL NORTH, SUITE 300 NAPLES, FLORIDA 34103 EXHLBJT "D-1" [Sp.ice above line reserved for recording office use] QUIT CLAIM DEED AND BILL OF SALE THIS INDENTURE made this L clay of Octal0e v---, 2017, between WlLSHlRE LAKES MASTER ASSOCIATION, lNC., a Florida not for profit corporation (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLJER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLJER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee"). W 1 T N E S S E T H: That said Gran tor, 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 aclrnowleclged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all sewer, potable water, wastewater, non-potable water irrigation, and potable irrigation water utility facilities and/or system(s) or portion(s) thereof lying in, on, over and under the following described land, for operation, relocation, installation, repair and/or maintenance of said facilities, system(s) or portion(s) thereof, AS-IS, WHERE-IS all situate and lying and being in Collier County, Florida, to wit: See Exhibit "A-1" and "Exhibit A-2" attached hereto and incoqJOrated by reference herein. For the purposes of this conveyance, the utility facilities, system(s) and/or portion(s) thereof conveyed herein shall not be deemed to convey any of the lands described in either exhibit. Grantor and Grantee are used for singular or plural, as context allows. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate and/or take or introduce materials for the purpose of constructing, relocating, operating, repairing and/or otherwise maintaining utility systems thereon. Grantor and Grantee are used for singular or plural, as the context requires. Quit Claim Deed and 13ill of Sale I lN WITNESS WHEREOf, Grantor has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: STATE OF FLORID/\ COUNTY OF(;~ttt, ) ) SS: ) GRANTOR: WILSHIRE LAKES MASTER ASSOCIATION, INC., a Florida not for profit corporation By:e~ Name: Cassie c~in,-a_r,L Title: 71-P,td r, + Th>:aoregoing instmment was acknowledged before me this l.{-/l day of Ct.&:bru\.., 2017 byfa~5,edlAr@cL , as ~-\cs de:.d.· , of WILSJ-IIRE LAKES MASTER ASSOCIATfON, fNC., a Florida not for profit corporation. on behalf of such corporation. S/He is personally known to me or has produced as identilication. [NOTARIAL SEAL] -P1'ih1 or Stamp Name: {.l1 dtn.i!.. lt...11 ~ X_Qrc{ Notary Public, State or Florida Commission No.: FF 9D 9-:SCi 8 My Commission Expires: ,,~~~~i_:;,,, KRISTINE K. WISHARD ~-m,,, N !~ ~·t otary Public • State ol Florida ::' 'i Commission# FF 909508 --~ ~-' ~,t1,o. ~./~ My Comm. Expires Aug 24, 2019 ,,,.,r,/, Bonded t~ NalonaJ Nolary Assn. Quit Claim Deed and Bill of Sale 2 al Large EXHIBIT "A-1" L-'lilSHIR£ LAKES BOULEVARD wr!SJ1$£ v.K(S. PHI-Sf 1 P:J 27. PG z,-;; tRACi '"R" (C.t!..£.) __ __,-__ ~ __ ----,--• ~ . s ;·,o·w t i,oo· 'Bl ------.. --r ~ ---,-, ~ ~ TP.A!·r '.> "-1msuR~ u.xrs ~~r,;.,;p[[l.'tnr, ~ ~."', b~ , l -----------------. h;~ '-;,' PB 27, PC 2<·27 '-, ~ ~ '. , ~§~ ~ "' ,, ·,. "" "'--r,.qs ~ _ ;, -----··········-· L ......... ________ :s ........ ; -·-·· ---·-···········--···· ------------··---g "c\ '-is M!SI/JIIC 1/X!S Pl/ASE 2 ~OR.='· pe; 2T~ " '" '-:" ~ '-. ; a~ ... f>~-..... ::--,,l ... -~"--·······::,." ______ :\." .......... ----················-~ ~-J;~m-" isrp· ~ '-,. '-, '-, 1 --------~ ··-·--··-···t \ " '-,. '-., s 709'(6" C 53.15~ ~ cb -. ' ~ POC ~ --==----*--<'c:::s.-...-I 0 5• 10· 20· SCALE: 1" = 10' rrus PU,~l MAY HAVE BEEN ::::.tARGrn OR REOUC~D FRO!A JNTEr>.'0::0 O:SPV,Y SCALE fOR REPRODUCTION REASO:JS 'NOT A SURVE\'' LEGEND: POC P09 D£ PB PO w, u,: PQJNi OF C0MM£NCDl£lff POINT OF 8£CtN.'S,'lfi 0/W:w;c. &scuan P'J.r ooox P,1,G[(S) OOU,',Tf UTi?./TY [A.SDJ!ftr UTiUTY &.S!J/91( 1.r 1 er n,r sr 3 OF nr: /.'.'/ ; o,-S[CT/0,'I -' I NOTES: ,. 8£A!W,'CS SHOJ.-.IJ H[R[C.'I lLtS[D QJJ mr STAIT PIJV:£ COO!tO..VATC SYSTlJJ t:ST/.BLJSH!D BY THE N,UIONIJ.. Cf0!)£TIC SU.?',fl' FM nGRfDA OST ZONr, /!)s.J ~ruJJ 117TH 199(1 ~S1110{T A'.'D RlfTR TO 11({ wt.sr u.w: or TiUCt "'5" OF Hit.SJ/~ U,KCS. PllASE: 2, Pl.AT !JO'>: 21. PACCS 2-f nlROUCH 27, Pt/St.JC R~CORDS OF COWfR COVUTY. ntm'~ AS' f!El.'t{; SO!/TH aro9•.,5• £AST. 2. DIJJmSJOt:s Slt!M'N Jl!:REC!J AG£ /!I U.S. SURVSY FrIT »•D CCCJMA!.S IU!R!OF. .I. nns S.l(GCH AND 0!:SCPJPllO!l ,s M1L VALID ritmour mr S.'G'U.iUR[ AND ~'G!.'J..U. RAIS!D S-cJJ. OF A UC[NSE:D no.tl:!14 SU/?','EYOR IJID IIAPPER. no l,!)GfrJONS OR w.rnous ro ntG SKE1CU AND {)£SCR{PTi()!.' ARr n:;;umr:o ~mtOU1 nfE CXPRF:SSCD ll'RlmJI consc.vr ar TU[ S,'(;,','JJ,'G PARn: PROPERTY DESCRIPTION L,unr wn.o:; , ,t 15 lt'IOT •::c (!JJT( 0SDl:Nl ~& ~ F.C ?5' U IC"..9« UtIS nkS!" i FYI fJ'»< Zl. fK;(S ZI dRXOI 11, P.ltC ~ t:r a1.J£R CW,i:';" IUF.D\ [Ct;,r;f£~J(E!;o,WJ>ASP:IJJ:1a o:uca: "'' r,c ,~ a:em rF r,:;u t:s"" er J%.9R: V.fi m& .~ fW 8XI( 71. PKXS H MO..OI 71. ll.l1.C ,c:o;ns CT a:IJ.XJt 0:Ufff. I'~ lJOIZ fW Im/; DC M31 U£ er SW r;,c "t:5: S'.l.'iH a:ww: OS!, A a;.!J.•fI (r !d 1.5 mJ iO 1}C im1 (1' w:a.·:c CF 0£ Wi!Il (T U.'D IE!9/ !l!D1all :JlUC t01Ji c,rw M A as-r1.'fI u ll!J f!II .i;i ,i rmr ,11 nc r£rr P.<H-<F-W 11£ C1' ilt.9a!' WIS !Dll~ (r'vC! ir,) CF St,[) FUJ,: i"/CJlI .'!If tmC !NJ f.D{l-<F-M.", !DfiH '710'4$' W. ;( (JS!J.•tr CT ISW IUT; DOCX !lJ.Jm 6'T·fJ"14. !tot ,i &&'<tr (F tl5S llII lO A f'!NJ CN nc A!r:lifJEXD@ 11!51' trE CF 1lXJ ,:S:• 1:()lI J'!JI .J,WG S.:.O i'D1 LU;, ,ar,JI (.!l(l'/f.5" ilCST, A ~·a((" t.iro flIT TD ;;.,: lfrJ (I' m;:::G r:a,u.·~,; rM 9)';rr nv; J.O"!: O? U3S /;j Ee :::, ----,-----------------------------------~----------------------~--~~---1"' _J.-tl-1~-r.-~ DR/,'J/UO'i': KJG CHECKED BY: OLS J09COOE: \'tCIFME SCALE: 1· ... 10" DATE: JJ\JLY2017 FILE: 16-12&-U!: SHEET; I of ' [ /f!iJ] GradyMinor Civil Engineers r.rn, or /\11th~ EO OOO:il51 l.m1rl Surveyors Cert. 11f ,\uth.1.1\ O.:>o5t51 Planners Bnnll.1 S11r/11n~: 2:m.!M7.I 1·1-1 111111w. r;r.u/11,llfnnr. rnm O. Grndy ~II nor :md Assocl:1tcs. 11.s\. 3800 \'l.1 llcl Rey Uo111l:1 Sprln~s. Florlda :MI ~M Landscape ilrchltccls Uushit.ss l,C :U:0002GCi SKETCH AND DESCRIPTION 15' UTILITY EASEMENT 1 LYING IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ·-,JU/,~L I ~L9.!:'oTFl 'fltP.5.JJ~ n (X[J,"iE 616t ,,,.,.. FC<R tw. /iF.U Q ~ --==---~ --~c::=s~""!:: o s· ,o· 20· SCALE: 1" = 10' THIS Fl.NI MAY HAVE B::EN D~!.ARG::O OR REDUCED fROM llEHOEO DtS?U,Y SCl,LE FOR P.EPP.OOUCllOn REASONS LEGEND: PaC PO,/n or cav.vtuC[)J911 PO!J ro:ur or occ,r.. .. ·.uc DC DRAW>.C[ t:ASDJ!Jfl FD Pl.Ar 9001( r-c F'At:[{S) Wt CCWJTY UTUJTY £.1&.IIDIT uc unut'r' !ASCU!IIT EXHIBIT "A-2" NOTES: WILSHIRE LAKES BOULEVARD 1t1(Sl(,RC utK£5". pH,i,S[ 1 PO 27. PC Z•-17 fR,',.C{ "R" (C,LJ[.) I. 8£A.Rr}JCS SHOWN H£R£0N &,I.SEO O,'I TU£ STATE: PUJ.'[ COO/i{)J.',tA1C Sl'S1!M CSTA!JLJSHl:D BY TH!: r:AOONAL GLOO~ SWMY FOIi fl.OR!l),A £AST ZO!,'f:. l98J Q.Ut/.U ~mt IS90 Nl/USIIIOl1 AND RU'CR TO TH£ WGT U,'1£ OF TF.Ac:r ~" ar W'.!SH~'?£ UX£5. PU/.SC 7, l'U.T DOCK 27, P,AC!S 2.l THROIJCH 11. Pt/9'.JC R[CORDS or CO!.J.lfR CO!JflTY, llQ~ AS eo:te scum 02~'46" osr. 2. O,IJCNSrO.YS SH0AU H!G£0.'I ,Ali{ IN U.S. SUR','t'Y Frr1 1,.•;o txaWJ..S TW-R!OF. :,, T1f!S s,,:_rro, A','!J DCSCRJPi10.'J IS /i'aL V.Q/0 hfflfOUT T>fC SrCJ:ATlJR!: ,WO ORJCit.:AL RAJS£D Si>!. ~ .A UCEJJS!O rtO/WA. Stm'n't'OR AJ/0 w.PP!Jl. t.'O Aaamous CR oacno.·,·s TO m:s SKETCH ANO DCSCR:PIION A'U: P£RtJJT1£D :,,:THOUT na: DtPRCSSCD 'aRITTOI CO.'lSOIT or mr SJC.•;:.·,'C PMTY. PROPERTY DESCRIPTION l/1lA'l£1.!Dc.'T J A IS rr:ct a:« IGW't' f,C51JO~ IYrC tr.It/ 'GIJ "tS' (T IJ..9ff: lJJtS ft.WJC Z. RN fJXI( 11. F!'Cl5 1' ill0.01 17. PM liZ,_a:,a; (F atLfR CW,1'(. ~ COJ;JIXl*-"iWNU'~M/tUDQ" (W.o,cr Al P.£ fllurflCST <m'Df CF ~a ts· er ~ tk:!S IHOC 1. 1W En')!' Y. F'KIS 1l 'IHtJ.DI 2T. IUJ.Cl!'!l1!1S CF trl1.tJl Clll\1Y, fldri\ Nia FW ~t; OC ,at tN: C, SID 1?K1 't:S: !DJ:H C!?C$'46' £.GT. ~ asti.'C! CY rrur~ ,rrr ,o li£ PONT CF !l!::.-v; tY ue nr.e:n. er !.J.•o ,oo.• t=m wa ro.:H v,1°Y' W1. A as; ·a: CT ll!A f1Ii 10 A ro.~ cu nc rm iimf..q..¥,XY UC U Jtt.!>R" JNfi lD.JI.:i!J {v.-U 'tl7 CF .W> Fu.T; 'l>lJt:[ 1w /lb& SI.?:> PXN-u-w. nr.,, c.-11r€ ca A as,.1,·a <T 1!a, rm: uxr s:Mfl U47'51' l!l1. A o:m,a rT rl!.6 nrr ;, A PCM r,1 nc JIT:HJLN'»lIJ t,[Sf tJE. (F rrxr ts, Ti&I l'JI A.DC s.u, )!(ST m: 1am, t:!(!(,15· •m A CJSiNtz rr 1s.c» ,m ro ,;r PCnt rF a::;m:li co::A~C tM !a.1~ ,rcr. ~ 07 U:SS. <.> g w :::, J, "' Ci ii: :::, --~-----------------------------------,------------------------,,-----,-,---"' -2J,1/;,z ~ 'NOT A SURVEY' OAA\'n.EBY: IUG CH£CKEOBV; OLS JOB CODE: \'.'Cl?.•.,:; SCALE: 1'• 10' DATE: 3JULV2017 FILE: 16-120-UE SHEET; ' ot I [JtM J Gradyl\!Iinor Civil Engineers CcrL tl!1\u1h. EJlOOOSISI 1,an(I Surveyors C«-rt. nr t\Ulh. l,D 00031~1 Planners noultn Snrl1111s! 2:m.n4;.11,1.1 www. 1;r,1t11·M/11nr. r.nm O. Gr;uJy ~llnor nnd Assocl111cs. l'.A. :'IOOO \'la Del l!ey UonJL:i Sprln:;s. Florida :'.M 13·1 Landscape Archilcc1s 11u,.1nea.'I U; 2G-0002GG SKETCH AND DESCRIPTION 15' UTILITY EASEMENT 2 LYING IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA 0 I;-,;,/ &J._ I ~"f[::f;J;f,W => rt~'Sf~~I i EXHIBIT "D-2" PREPARED BY: FRANCESCA Pi\SSIDOMO, ESQ. COLEMAN, YOVANOVICH & KOESTER, P.A. 4001 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FLORIDA 34103 DEED OF UTILITY EASEMENT THE UTILITY EASEMENT(S) (CUEs), are granted and conveyed this d!i_day of U:.fo/c:ev , 2017, by WILSHIRE LAKES MASTER ASSOCIATION, INC., a Florida not for profit corporation as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, GR.ANTEE. WITNESS ETH: That the Gran tor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by Grantee, receipt of which by is hereby acknowledged by Grantor, hereby conveys, grants, bargains and sells unto Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, right and privilege to enter upon and to install, relocate, repair and/or otherwise maintain utility system(s) and utility facilities, and/or portion(s) thereat: in, on, over and under the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A-I" and Exhibit "A-2" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee, its successors and/or assigns, together with the right and privilege to enter upon said land to excavate, relocate and/or take and/or introduce materials for the purpose of constructing, operating, relocating, repairing and/or otherwise maintaining the subject utility facilities and/or system(s) or portion(s) thereof, in, on, over and/or under the easement area. Granter and Grantee are used for singular or plural, as the context allows. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. [SIGNATURES APPEAR ON THE FOLLOWING PAGE.] Signed, sealed and delivered in the presence of: ST AT\;: OF FLORIDA ) COUNTY OF(JAa.lt..Odi.t ~ SS: ASSOCIATION: WILSHIRE LAKES MASTER ASSOCIATION, INC., a Florida not for profit corporation By:ebQ/ Name: (b.ss;e C?,nn:9d Title: ----=r?es: icl i, .f\ _(... 'filw§oregoing instrument was acknowledged before me this'-/f"-day of (~(j,/ox, 2017 by {!_iJL<;S~ a..._ K-LLC.e« , as jj}LE4/_&~ , of WILSHIRE LAKES MASTER ASSOCIATION, INC., a Florida nol for profit corporation, on behaifofsuch corporation. S/He is personally known to me or has produced as identification. [NOTARIAL SEAL] KRISTINE K. WISHARD Notary Public -State of Florida • • = Commission # FF 909508 :' °"0,.-0q.~i My Comm. Expires Aug 24, 2019 ; '•,,,9f,~.~•·'' Bonded through National Notary Assn. ,,..-~ Print br Stamp Name: _ _,'-'-'--'r1e:.S.L.'-'l '-""--""""-!.a~.»....JCJ.a! __ Notary Public, State ofFiorida at Large Commission No.: FF 90 q 5 0 ft, My Commission Expires: Deed oFUtility Easement 2 POC o s· ;o· 20· SCALE: 1" = 10' TH!S PV.N MAY HAVE BEEN ENL.;RG~D OR REOUC~O FROM INTEND£0 CiSPl.tW SCAt.£: roR REPRODUCTION R;ASONS LEGEND: P0C POJNi OF (X)JJ!.l!JICCM!IIT POS POINT OF B!Gc.Wl,'IC ct: r;p.,,m.-v;c r.AScucm PO Pt.Ar DOCK PG PAG[(S) a1~ ccu1:rr unurY OSEUlNr U! UTiUTY !ASC1.1t11r EXHIBIT "A-I" Vl1LSHIR£ LAKES BOULEVARD mLStt.Rf VJ<!S. Pfir.5f 2 PB 21. PG z,-n N£i ar-mrsr5 arm£ ,:,y i OT S[COO.'I JI NOTES: rn.,cr '"P.. (CIJ.C.) 1. 8£/Jll.'ICS 9KJ:~~, H£R£0,'I EUSED ON rr1r STAT( PU.Ji£ COO.f{)J,VA!C srsr!JJ rsr!JJUSH£D BY rH£ MH'!O.'IIJ.. caxJ£T1C SuR'IE:'f FCiR Fl.OR!OA f,,4ST ZON£, 1!JSJ DATUM (~7nl 1990 ADJUSTJJOIT A,•({) RUCR TO 1H£ 1,tsr (11,'[ ar f/v"..CT ·c.s· or >1:LS1111r£ U.X!S. FJ....Sf 2. PV,i DG?t< 27. PACts 24 nu«JUCH 27, PUlJt.JC R[COROS or CCW .. TR coumY, ftORll)A AS oou:; SOUTH OZ'09'"G• LtST. 2. 0/1.tmSX>NS sna,rN ~..RE.OIi ,IJ;'[ /JI U.S. SUR\l!Y FrrT l..'.'D 0£CIUA!.S TH!RCGr. J. TUIS SY.CTCH 1./10 O!'SCRJPTTO.'I IS /JS1I. \I.Al.JO n!THOUT nit: SG.'/,HUR[ ANO Dio'Gl'W.. IWSUJ 500 OF A LJC[IISCO fl0.'?,1lJ, SIJIND'OR l,JIO IY.PPf'R. no A!J&{'f}()NS OR DEt.rr.rJ,'.'S ro nus SXf7CH N-'D 0£SCRJ?ffON Mf PaiUtmD ltmfOUT Tlir CXPR::SSClJ ''d'R/lT[JI CONS!r,7 Or TUC 5JC.'IJ.'.'G PAim: PROPERTY DESCRIPTION VW1)'09)0,jt A 15 IPJI lltl" u::urr OS00.1 L~I; #:}ti 00' ts· (f ll:.9« Ul!5 nl4Sf 2. PW !J»." 2!, r;as ;, UP.10/ 11, P.B.C R..TX1!1S er o:ucR av.rr, Fla;»\ IDC IQ'£ Frmll.LA'U' roo.:!ID ,(5 ftlKJ,'2 Cf.JJ,Ot:£ n rte NT.ii.UT aRlJ? rF ri-a ts-er ~K lJdS m« 1, fW 8XX Zf. FWZ 24 n-FO..O/ Tl. IUtC Rtl1!lS er a:,,m CD.I/Tl, ll.!Ji!DI; .wa: R.11 )ll:,f/; JJC M:5'1 UC Ct' S,,O ViC "?::S: ~ ~~-(JS1, A a.,:;u•a ff .2 u nrr m nc P<r3 er Etr: .. :-c <T ;;f mm. CF IJ.'D lf!m """"" MJCC 1l:t?!H 67",ru• ru,; ..c (IS,1.,•a er lL!5' flIT r, ..c ra:3 en nc ,a; F.Yn-<f"-W /JC CF ~R:' WE' tnUWll (i:"-A-"7 ii'? CF S.W FUJ; WII ,::.;-,• lll1C s,,o FDIHT-Y.rt. SX,'iH (!J'r{/45' w. A ()S?,·.cr er t!aJ TW; wa 5'fllf un·u· rm " a.u.r.·a t¥' ll.55 nn :o A m•.r ()1 11c ;.t:ti!JD,TJOJ il!'S1" U£ rF 17.tCl ts:• NJ/I P..Jt N.Ot; S,1,0 ~ Lr£ loaH azw·4-~· ~ A aw.·a a-:5.ro ,m ,o ;;c ~J Cf' HC:::c. I <O i ::, Ul ~ 0 Q "' "' Ul I 6 :::; w n_ ~ ;:, "' 2 w ~ ::, 'NOT A SURVEY· --~----------------------------------~----------------------~-~~~----1"' .. ::zli-l~-r,-§ OR/,W:J DY: KJG CHECKED BY: OLS JOO CODE: WCl?ME SCALE: 1·=-10' DATE: JJUtV2017 FILE.: 1!'t-12V-UE SHE.ET: 1 cl 1 [ /Jfj] GradyMinor Civil i,nginecrs Ccn, nr ,\uth. ED 000:;151 l,and Surveyors Ct:rl. nf Aullt LI\ 0005151 Planners Bnnlt:1 S1,rfuns: '.l:tfl.!M?.11·14 www. 1,·r:u/1•ilf/11nr. rnm Q. Grad)' ,.llnor ;rnd ,\ssocl::itcs. PA 3800 Vl.1 llcl Re)' Uonlla S11rln:;s. Florltl:t :i-113·1 Landscape Archllcc1s Hu.ilncss I.C lf.000260 SKETCH AND DESCRIPTION 15' UTILITY EASEMENT 1 LYING IN SECTION 31, TOWNSHIP 48 SOUTH. RANGE 26 EAST COLLIER COUNTY, FLORIDA c,: ·},J/~.4 1 M"1.LJJ L ~'\'TC!K/111, PS.Al => fl. UC[]:s( /~761 ~ FCJR n(! N.11 ij EXHIBIT "A-2" WILSHIRE U;KES BOULEVARD ML.SH;RC wrs. PH.IS[ 2 PCJ 27, PG z,1-27 m,,.cr ;r {C.C.U.) __ ··--_ •• --. ,. -• S 710·~5· [ t5.{Xr -.... ----~ - ----"---~---~ - -""-· . ~ ; ),n \ ~~~~1 ~~':,~~ci'~~..s,2 "1l5><-~"i,~;;f";,;;j~ro,,:IT ' ',,,'"", ~ •. -~ \ POB ~-i i !;,~~. : S! " -::::. 27, ?C 2'~-27 , , , ·--~ -···--1·····"'·'--··--y~----·····"·-····-:; """' :"" \ • ..••• ~ •••••••• ______ .. --········ ----------~---·-···-"\.···--··· "---------: 0 "zan,· ir ,~oo· ---~~----.--i---·-~----'\~··•····-~ ....... ,......... ·········-~·--S 70!!''5" [ IOJ,!!_ __ --~--.,__ . ' ~P:OC ' -===-----*--<'C::::S-~ I o s· ,o· 20· SCALE: 1" = 10' THIS Pll..N MAY HAVE s::Erl ENLARGED OR R::OUCED FROM INTENDED DtS?LAY SCALE FOP. AEPP.ODUCTIO~ RtASONS LEGEND: POC ro,·.·rr or co,v.vo,cc1.r[NT POlJ f'C,'ftr OF eECiN.~m:; Ol OIWlll'iGC VSO.!DIT PB Pl.Ar SOOK r-c f'ACC(S) Cl!C COUflTY ur,vrt F.ASEAJDIT UC unLJTt' tAStMlJIT ,,>:: i or mr sr \ OF THE rt,'i \ OF S£.CT10N JI NOTES: 1. S[)Rt.'.'CS SJIO:~N HiR[OIJ BJ.S[D ON TH£ STA1E PUJlf COOR{)tNAT'l: SY$T'DI £SrAfJUSH£D BY mt: J~TlO,'.W. C[OOCTIC SU,'7'.'EY FOR fl{)R;[J,I. c,,sr ZON[. 19SJ lJ,AlUJJ l't1nl 1~90 1,DJLJ'Swaa ;Wf> NCT'!R ro me ntsr uuc or TRACT ·c., • or W.!.SHi.~C U.XCS. F+«SC 3, Pl.AT !JOCK 27, P,+C!S 24 mROtJCII 2'1. PUiiUC R[COR(;S or COWfR CO'J,'I/Y, FlOR:0-1 .4S eo.•1;; SOI.ml 02'M'4&' OST. 2, t:,IJJ[r/SO!IS SHOW.'/ H!REOIJ A'i£ IN U.S. SUR'.IF't' IT£1 JJHJ ()[CltM!.S m!R!OF. J. TH'.S SJ<ac:H ANO D!SCR!PmNI ,s /i{lL V.A.U., MT>/OUT rm: SICW,TURE ANO DR/Ct.\!,Q WS!D 500 O' A UCOIS:CO noRiOA SUiM:lUR A.'10 A!,APP:.tl. NO ADOfflON'; OR Dfl.[11(),\'S TO nHS SUTO-I ,I.NO OCSCRfPfp;,.•/ ,I.fl{ P[RUJTT[!) ';41f1four nrc D'r'R(S'S[() 11-'RfTTOI CO..'JS[Nr or ntL SJCN:.•,c p,4q7Y. PROPERTY DESCRIPTION lnlJT't0$.l],f 1 A IS ltCl !IQ' tr.1f.'Y O!D(){! ll':l: 'r.Jrl ru.."1 1:$'" (T M!}/1£ ~ ff~ .? 1W £D')( 71. PKLS 14 PID.Of 11. P.W: ~ (T a:uG ca,,rr, fl!RtA f&J; ~ Mi'1tUl,l:!.Y rot7im> JS /?WIS" C:U.fJIX ,V !1£ IOi'iHlllST «P.CR CF r;.,q ts"' (T ~ Wt$ fH',$f 4 ,w EaY. V. rAZ 14 DR.l.OI 11. ltll£ !!!11i!,S (T a:uu. a:u.rr. n.~, Mlt:r f!..J.' ~.C r,c *OT UC CT :JDF.D' ts: SXl!H (Jl'()')',{$' tJSr. "-tzSll.•J;L (Y" 10.11' n11 rJ 1)£ 10.\'T ff Ell::! ... .C (Y t;E l'!IR:1J.. r:F !JUJ fGO,' '""""" :J.Occ fi)i!H eNi'sr lk..,. ,e tJm.•a: u ri.!4 nu ro A Fr»~-c,, ;;, ,.rs, W)IF-(F-&O' UC (T MU"ff I.N!S U:W:.,.~ (rF.Ja it) CT ~ ft,1,1; 110.r:( R'JI ADC 9.rJ P.Q{f-f.T•w;t, !ZlSH O?l!f.s' ru:r.: A (EiJ.'CI (T mv Im: wa Sl.liH &74'15r 161, A asv.·a (F tl,!,6 ffIT r, ,1 F<:M (JI n~ JffF!j(}.':!JB) r.E!i1 W: (T !?.IC! ts; rrOl! F!.11 !W& SI.D 1CST" UC IOit:f (!!(9''6' 1rn, A (]51.J.'lI CY 1500 fL'7 P.) Tr£ ,a,; Cf fL!;:.'l!G. a:/,7)."i/t;J~S:V.i!"f!Ij,~~llSS. ~ :, ---,------------------------------------,-----------------------,---,,-,---J"' ..:zJlL.c:,, ~ 'NOT A SURVEY" OAA\'.'~J DY: KJC Clt£CKE08Y: OLS JOB COO!:.: WCl.?ME SCALE: , •• 10' OATE: 3JULY 2017 FILE: 16-120-UE SHEET: I cf I [ j{J{J] GradyMinor Civil Engineers Cert nr :\mil. r~ OOOS 151 1,and Su n•cyors CcrL or :\nU1. 1.110005151 Planners www. r.r,1rt1·,11111nr. r.nm O. Grntly ~llnor nntl As.·rnclates. J>.A. 3000 Vin Del l:ey UonlLa Sprlnl!s, l:'!orh.l,1 341:H Landscape Archi1c:c1s Duslm: .. i.11 1.r. 2G00020G SKETCH AND DESCRIPTION 15' UTILITY EASEMENT 2 LYING IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 0 0: ~~~i fl=h~{/ i EXHlBJT "D-3" OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared r1ssr<E Gn re:) cL, who to me is well known, and having been duly sworn and under oath, deposes and states: I. My name is (Ls le. UA m o.l . I am over the age of twenty-one (21) years, am sui Juris, and have personal knowledge of the facts asserted herein, except as J have otherwise noted. 2. I am the Prc,.std oJ of WILSHIRE LAKES MASTER ASSOCIATION, INC., a Florida not for profit corporation ("Owner"), the owner of that certain real property located within Collier County, Florida, and described on Exhibit "A", attached hereto and incorporated herein by reference (the "Property"). To my knowledge, the Owner has no legal or equitable interest in the potable water, wastewater, non-potable water irrigation, and potable irrigation water utility facilities and/or system(s) or portion(s) thereof ("Utility Facilities") that may exist under, over, across or through the Property. 3. 1 have no knowledge of any persons, firms, and corporations, including the general contractor, all laborers, subcontractors and sub-subcontractors, material men and suppliers who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction, installation and/or repair of the Utility Facilities. 4. No claims have been made to the Owner, nor is any suit now pending on behalf of any contractor, subcontractor, sub-subcontractor, supplier, laborer or material-men, and rio chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility system(s) or portion(s) thereof placed upon or installed in or on the aforesaid premises. 5. Title to the Property is subject to those easements, restrictions and other matters affecting the Property ("Title Exceptions") listed on the Title Search Report by First American Title Insurance Company with an FATIC File Number of 1062-3811459/SLG with an Effective Date of July 11, 2017 at 8:00 AM. The Title Exceptions are attached hereto and incorporated herein by reference as as Exhibit "B". 6. As and on behalf of the Owner, does for valuable consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as the Ex-Officio Governing Board of the Collier County Water-Sewer District harmless against any lien, claim or suit by any general contractor, subcontractor, sub-subcontractor, supplier, mechanic, material-man, or laborer, and against chattel mortgages, security interests or repair of the subject Property by or on behalf of Owner. Affiant is used as singular or plural, as the context requires. Specifically excluded from the guarantee and hold harmless agreement above is i) that certain Non-Taxable Agreement Not To Encumber or Transfer Real Property by and between the Secured Party and Wilshire Lakes Master Association, lnc., a non-for profit Florida corporation recorded in Official Records Book 5143, Page 2187, et seq., Public Records of Collier County, Florida, and ii) those matters effecting the Property disclosed on the Title Search Report referenced in paragraph 5 above. Owner's Affidavit I FURTHER AFFIANT SA YETH NAUGHT. DATED this 1..-j-lh day of Cc-/d?e./2017. SUBSCRIDED AND SWORN to before me this _L/_-f_-J, __ day of {l./c/'>'?_f,2017, b1Jcu:s,e.. (2.~N .. c,.__d..._ , who is personally ~-as OR who produced identification. Type of identification produced: Notary Public My Commission Expires: -'1-,H,,----,,._'<,\,,\'--;,.....:..~== Owner's Affidavit 2 EXHIBIT "A" V7!.1E'!' EA.:8€}.•7 J A 15 FCXJi »~ IJ7N.1Tf Eil.~7.~.NT L'tJl\G l~!i.'-XN tl,>l':t 'CS'' CJ. $tlr.5?.~',r. l)X[S H'451 2, F[J..r B.\"W 2/. f~r;tS 24 !l.\~'9 . .r;u 21, f' ... t"'i.t~ lr{(;Cfr{):; o-· COlll[R OJ.,\17'.( ,'Ll\'·X~; t~:wr_; ,i:\Jft ::-~vtr;cit,~fir r£.Sor~&Eo AS rour,i~.;;· Ct.\1(l(i\t:[ .J.r "R~~ M~'\~M[.St (.($1,.':R (F m,l;r "l5"' (.,~ ~}:i_9-.\1if [~\'(ES PH·lSE J, f'W f.<X'f. 27, ,r-;<IE, 24 Tl-§G .. m .?1, fU&.'C RECC,'7DS ,F [/J'.lirP. CcXN•l; RCf~l].l; 'fr;'f]i.':£ (?ij,'fl ~(,\\r; "fh~ J}f:t;T 1.(1 .. \.-OF .9XJ RA';.i "e5·: S':l•Tn' C.70YJ46" W.i, A ,"}Sr,41,:.r OF 215 Fm j0 ,'.~ R\l{t tif &.,..C/.',.~~\~ Ct TJE .01.'lffi C\r lJlW l.[l~W .'J,"'Xf'YBED; rJ£J••;[ Nj.'?J'H 8T49"/4'' [i\5,~ A t~Sll1'.f.:L (.\'-•12..5-~ FEJ:..7 ro Ii f\1:,.r (..';' rh~ aa~r FYC/fi-ll''-Y.;2.\' Li'~.: c:1·· H~'.~'1\f£ Uirf$ ff.,'.i_.t[I/.J>i.~ (m-<Ci "i'!;• (}f" Sill ({Ai; "in't.1\ff Rt:~/ /.LC¥,'$ Sl~ lr"'X.:/ 11.r-c:f-t~t:,; SOUlN O?U)'16v [}$~ A [1t)riV1"::[ (F 1 :; (() FEIT; W~f E/:tJ#I b'.;r4,)'14·~ n:fS( A C6T,V,'Cf C,r ,•~;!t.i .w" TO 11 F<JN!' C,V Jt.f PF6S:H8c'1,\."8B;· tif.S7 L\\'£ OI·. HQ1~;l 1c.&·; Ii lN .. 7..' f".ti.l,' ,ii..C,\~ .9)\? !~£ST /J;,,,r. l>)lllH ()2'0r46 ... ftf5.~ l-. Di'Sfl,\\.T l\l~ .iti.CO fltJ to .tl.f f-ti,,.'WT Of l~(-.,:t..,vi-.\\t~ AND (lRUTr' ,L;1Sfl\91T 2 A 15 ."iXJT l~.{1;€ llrl,'.ff( f,!S. ... ~1'r.NT l'r~VG 1,rr. .... ,v JR.fer ·t.5· C,~ K~!~T lA~:r.:, Pi-!rt7F 2. R.Af e;cK 27. 171[,:""S 2·1 lh.'ttV~l 2i: Fi.-~•'C f([.,;l).r:£5 CP Cl)U}EH o:,t~.'T.( FLCfO'D\ b'f.i.'r"'J ,'tfQ7£ F/.,'?HCf ... t!:J-Y..Y f..tS':l1[t1) AS" iC!l.Or}'S: ca,,ie:,1,.~.f Ar H.f .•,.:w.tJt/tt..:-s·r o;..~w_;t c:v~ Tlr>t·r 1i~5·· c~\,. Jt.~:~"·"'''t wt.s· .r=nt5f z. HN ~W 27, F::>\;,f.> N m,'."JXI! 27, Pi.18,i\; .~i-Cf>,"il.'l CF C('{UER (0/iiiY, F/.(..¥",1{>\· n.f~,Cf ,%.•/ //f)o\f; Tl£ llf.'>T L,l\'f ff 54'/l "f01'X 'C.'i~ SGt..l!ll 0?(>,~'46"' 6t~T, A v.·~7:JJ\fE r;...;: {Co.I rf IHT '[{) Hr-R:,,,rr ar: FF,(ji•,vi..\:1,~-; 1'F Hit: /7\C.(fi c\r: bVSJ Hr.'"PiJ.,\• ITT!JiNx1J; rHc.'7\r:£ 1am1 87'49's.r· &i5T. .i G/Yl:tNC'E or 12.56 ru:r ro ,1 ,co.w ON i'!.11.· ilES'r hi'C,t.il'-Of'-}';4.Y lWt: OF J+N.5(_,,,.~· Vi<J;.'.; laUl~~, (j,ti,!.(.t ft) 01 St.,iD P.:.A[.· l.t-fR:..""E P;i..\Y,' ,ta~~ 9.V .'11\.~':-o:--1~·i[,:-SOil!Jf oz10•45" w.~ A lJSf!.J~rE t)r l5.CO fEFT;" ll·/£1,":E SWrH 8T4?'57' ~!:'S,~ A D.'5/"Al/a: CF 1255 rrrr re A P(~'VT ON Tl£ A<"Cii[J,IENT/C/8) ihSST I.,\',/£ ff" /.h'A~T ts; THil\r:£ F.i}I /.l~lJ 5'\\'.) !!£ST L/11£, mm, 0701'4(/ ~h:'37, A [,'5T,!J\r~ OF t5.CO FEIT TO N P[..\'if or BE,':-:.1\\\.~',t:. Owner's Affidavit 3 EXHIBIT "B" TITLE EXCEPTIONS 1. Chain of Title and/or Conveyances: Type of Instrument: O.R. Book Quitclaim Deed 3834 2. Unsatisfied Encumbrances: Type of Instrument: O.R. Book: Agreement Not to Encumber 5143 3. Easements, Restrictions, and Other Matters affecting the lands described herein: 2126 2187 a. Easements, restrictions, reservations and other matters shown on the plat of WILSHIRE LAKES, PHASE TWO, as recorded in Plat Book 27, Page(s) 24 through 27, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). b. Rights of Barron Collier, Jr., and Barbara M. Collier, his wife; and Miles Collier and Isabel U. Collier, his wife, and all persons claiming by, through or under same, by virtue of the reservation of the oil, gas and/or minerals lying within the lands described in Schedule A, contained in Deed recorded October 5, 1953, in Deed Book 30, Page 91; as affected by Oil, Gas and Mineral Deed recorded in Book 160, Page 11, as supplemented by instrument recorded in Book 177, Page 305; Oil, Gas and Mineral Deed recorded in Book 884, Page 1555, as corrected by instrument recorded in Book 949, Page 367; Oil, Gas and Minerals Deed recorded in Book 1413, Page 945; Oil, Gas and Minerals Deed recorded in Book 1413, Page 1078; Oil, Gas and Minerals Deed recorded in Book 1482, Page 798; Oil, Gas and Mineral Deed recorded in Book 4393, Page 2345; Affidavit recorded in Book 4415, Page 2629; Corrective Affidavit recorded in Book 4419, Page 1279; and Notice of Interest in Land Pursuant to Florida Statutes Section 704.05 and Florida Statutes Chapter Owner's Affidavit 4 712, recorded in Book 4586, Page 412. The right of entry as to such reservations has not been released, therefore, the affirmative coverage against damage to improvements as a result of the future exercise of the right to use the surface of the land for extraction of minerals contained in the ALTA 9.3-06 or ALTA 9-06 Endorsement, as to a Loan Policy, or the ALTA 9.1, ALTA 9.2-06 or ALTA 9.5-06 Endorsement, as to any Owner's Policy attached hereto or incorporated herein by reference is hereby deleted from such Endorsement. c. Rights of Brace Corporation and all persons claiming by, through or under same, by virtue of the reservation of the oil, gas and/or minerals lying within the lands described in Schedule A, contained in Deed recorded in Deed Book 34, Page 269; as affected by Deed recorded in Book 51, Page 82; Oil, Gas and Mineral Deed recorded in Book 160, Page 39, as supplemented by instrument recorded in Book 177, Page 312; Oil, Gas and Mineral Deed recorded in Book 884, Page 1555, as corrected by instrument recorded in Book 949, Page 367; Oil, Gas and Minerals Deed recorded in Book 1413, Page 945; Oil, Gas and Minerals Deed recorded in Book 1413, Page 1078; Oil, Gas and Minerals Deed recorded in Book 1482, Page 798; Oil, Gas and Mineral Deed recorded in Book 4393, Page 2345; Affidavit recorded in Book 4415, Page 2629; Corrective Affidavit recorded in Book 4419, Page 1279; and Notice of Interest in Land Pursuant to Florida Statutes Section 704.05 and Florida Statutes Chapter 712, recorded in Book 4586, Page 412. The right of entry as to such reservations has not been released, therefore, the affirmative coverage against damage to improvements as a result of the future exercise of the right to use the surface of the land for extraction of minerals contained in an ALTA 9.3-06 or ALTA 9-06 Endorsement, as to a Loan Policy, or ALTA 9.1, ALTA 9.2-06 or ALTA 9.5-06 Endorsement, as to any Owner's Policy attached hereto or incorporated herein by reference is hereby deleted from such Endorsement. d. Ordinance No. 75-20 recorded May 19, 1975, in Book 619, Pages 1177, regulating the installation of any water distribution and waste water collection systems within a public right of way easement. e. Ordinance No. 75-21 recorded May 19, 1975, in Book 619, Page 1182, protecting certain trees within Collier County. f. Ordinance No. 75-24 recorded May 19, 1975, in Book 619, Page 1191, regarding the creation, construction, alteration, etc. of building locations, etc., as amended by Ordinance No. 75-74 recorded December 24, 1975, in Book 638, Page 21. g. Resolution by the Board of County Commissioners Establishing the Immokalee Area Planning District and the Coastal Area Planning District recorded in Book 649, Page 1239. Owner's Affidavit 5 h. Orange Blossom Drive Force Main Contribution Agreement recorded in Book 1572, Page 840; i. Airport Road South of Orange Blossom Drive Force Main Contribution Agreement recorded in Book 1572, Page 902. j. Terms, conditions, covenants, limitations, easements, reservations and other matters contained in the Declaration of Covenants for Wilshire Lakes, recorded in Book 1681, Page 902; as amended by instruments recorded in Book 1696, Page 2159; Book 1713, Page 1414; Book 2002, Page 482; Book 2133, Page 1992; and Book 2249, Page 646, and as subsequently amended or modified, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). · k. Vineyards-Wilshire Lakes Utility Facilities Reimbursement Agreement recorded in Book 1742, Page 980. I. Polling Place Agreement recorded in Book 1806, Page 253. m. Easement granted to Florida Cablevision Management Corporation recorded in Book 1811, Page 891. n. Wilshire Lakes Easement Agreement recorded in Book 3834, Page 2129. o. Ordinance No. 2005-54 creating and establishing Solid Waste Municipal Service Benefit Unit, Service District No. 1, and providing for assessments in connection therewith, as disclosed by and as affected by Resolution No. 2010-168 recorded in Book 4610, Page 2307; Resolution No. 2011-150 recorded in Book 4721, Page 1527; Resolution No. 2013-183 recorded in Book 4965, Page 1660; Resolution No. 2014-175 recorded in Book 5077, Page 1388; Resolution No. 2015-174 recorded in Book 5194, Page 2196; and Resolution No. 2016-182 recorded in Book 5314, Page 776. p. Grant of Easement to Comcast of Arkansas/Florida/Louisiana/Minnesota/Mississippi/Tennessee, Inc., recorded in Book 4904, Page 3655. q. Collier County Ordinance No. 90-87 establishing a Regional Sewer System and providing for impact fees. Owner's Affidavit 6 THIS JNSTRUMENT PREPARED BY: FRANCESCA PASSIDOMO, ESQ. COLEMAN, YOVANOVICH & KOESTER, P.A. 4001 TAMIAMJ TRAJL NORTH, SUITE 300 NAPLES, FLORIDA 34103 EXHIBIT"E" [Space above line reserved for recording office use] UTILITY FACILITIES AND/OR UTILITIES EASEMENT(S) SUBORDINATION THIS SUBORDINATION is dated this ;;q day ot:,]o)i , 2017 by: I Branch Ban.king and Trust Company, a banking corporation (hereinafter referred to as the "Bank"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "County"). Bank as used herein includes singular or plural, as the context allows. WHEREAS, the Utility Facilities and Utility Easements being conveyed to the County are located over, on and/or under the underlying real property described and depicted on Exhibit "A-1" and ExJ1ibit "A-2", attached hereto and incorporated herein by reference ("Propertv"); WHEREAS, the Property is encumbered by that certain Non-Taxable Agreement Not To Encumber or Transfer Real Properly by and between the Secured Party and Wilshire Lakes Master Association, Inc., a non-for profit Florida corporation recorded in Official Records Book 5143, Page 2187, et seq., Public Records of Collier County. Florida ("Agreement"); WHEREAS, the Agreement grants to the Bank a right to approve and consent to any action that may cause a lien or encumbrance on the Property; and WHEREAS, a prerequisite to the conveyance of the Utility Facilities and/or related Utility Easements, if any, being conveyed to the County requires that this Bank must subordinate only its Security Interests in (i) the Encumbered Utility Facilities being conveyed to the County and (ii) each related Utility Easement(s), if any, being conveyed to the County; and the Secured Party is hereby complying with said request for these subordination(s). NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by the Bank, the Bank hereby subordinates its security interests in the Encumbered Utility Facilities being conveyed to Collier County, and/or to each Utility Easement(s), if any, being conveyed to the County, which encumbered Utility Facilities are located over, on and/under the Property. Except as expressly subordinated herein, the Secured Jnterests of the Bank remain in full force and effect. IN WITNESS WIIBREOF, the Bank has caused this Subordination to be executed the date and year first above written. STATE OF F /o1/la. COUNTY OF p ·J/7-c/k.i r. BANK: Brauch Banking aJ3.d Trust Company ::•oki,:g~::~ Print-ame: Jh/,-7dtfa (~p-r.h 1 l ts: -. l-=v11 if I 7/, 'n: P/ t'J 1 ;/0,1 r . . ·)4' /1)_ /_ 0 The forego1ng mst1yment was acknowledged be~ore me tins 4 da_y of ·JerJ; 6M0r:~ , 2017, by --.J0;-1tlta Crt1uc:h 'as' £:.:,,/11/;/ U,·r-e. P/~J;f/a,it of,Branch Banking and Trust, a banking corporation, for and on behalf of the company. S/he [)<! is personally known to me or [ ] has produced as identification. /i ~7 f /?,. // , fii/,/, ~ (j ~Jvu~ Notary Public /?f ~ Name P1intcd: Commission No.: Commission Expires: (NOT ARY SEAL) &!Cff!E!.E 0. Cfff!AAlEl,l Nolsly PubUe, st.ito of Ro.ids Commlsslon11 aG 6592 My comm. oxpires June 26, 2G20 EXHIBIT "A-1" '.,V/LSHIRE LAKES BOULEVARD 111tStt:R£' UJ<[S. PIV.Sf J Pil 27. PG 24-27 ____ --.• -.:;:--------... --~-• ,,S 2·10·45· ( . 1500' '~ --------·-~ ----------~r ---~ T ,,,_ w.;,rr ·cs·· " W:(S}tRC u.K[S ~';:,Cnr ,4!;RITIJ£fJ,, ~ ....... _... ', ~~ ; ~1 ! ~ i'rl.SH'.ltt: VJ(t5 P,4/IS[ :; (O-R • .E)t, ~ 21'. 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