Carlton Lakes Unit 2MEMORANDUM
DATE:
TO:
FROM:
RE:
January 25, 1999
Maureen Kenyon, Supervisor, Clerk to Board
Shirley Nix, Engineering Technician II~~-
Project Plan Review ....
Carlton Lakes, Unit 2
Water and Sewer Facilities Acceptance
Recording Fee Number 113-138312-649030
On ~--~40 ~ , 199 The Board of County Commissioners
granted final acceptance of the water and/or sewer facilities
within the above-referenced project.
Attached, please find the following recorded, in order:
1. Utilities Facilities Subordination, Consent and Joinder
2. Bill of Sale
3. Utilities Facilities Warranty Deed
Also, please find attached the following documents for your
files.
4. Owner's Affidavit
5. Attorney's Affidavit
6. Copy of preliminary approval letter from Engineering
Review
7. Engineer's final payment confirmation
8. Certification of pressure testing of water lines by
Engineer of Record
9. Certification of pressure testing of sewer lines by
Engineer of Record
10. Bacteriological clearances (DER certification) for
water facilities
Memorandum to Maureen Kenyon, Supervisor, Clerk to Board
January 25, 1999
Page Two
11. DER Placement-in-Service letter for sewer facilities
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Contractor's Final Release of Lien
Lab results on bacteriological test for water lines
Verification of final cost (Detailed: quantities,
sizes, unit cost, total cost, etc.)
Letter by Engineer certifying that all water and/or
sewer facilities are located within the public
right-of-way or dedicated easements
Contractual Guarantee for material and workmanship for
a period of at least one year after the Board of County
Commissioners' acceptance for both water and sewer
facilities
Payment of water usage, laboratory and administrative
charges for filling, flushing and bacteriologically
certifying water lines from invoice prepared by the
Utilities Division
Letter from fire district regarding ownership and
maintenance of fire hydrants and certification of field
fire flow capacity testing
Certification of the inflow/infiltration test for the
sewer lines by Engineer of Record
Coating certification of man holes, wet wells and dry
well from manufacturer
Copy of video tape test report
Copy of pump station start-up report
Copy of electrical contractors certification on lift
station
Letter from Compliance Services section certifying that
the final inspection reveals that the Utility
facilities have been constructed in accordance with
County ordinances and regulations
Memorandum to Maureen Kenyon, Supervisor, Clerk to Board
January 25, 1999
Page Three
25. One copy of the recorded plat
26. One set of record drawings, signed and sealed by the
Engineer of Record
If you have any questions, please call and advise accordingly.
attachments
doc:2094-2
Dwight E. Brock
Clerk
BRANCH OFFICES:
GOLDEN GATE
'~ '-',~oun,y of Collier 4839 GOLDEN GATE PARKWAY
CLERK OF THE CIRCUIT COURT
GREENTREE SHOPPING CENTER
COLLIER COUNTY COURTHOUSE 2386 IMMOKALEE ROAD
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044 IMMOKALEE
NAPLES, FLORIDA 34101-3044 101 S. FIRST STREET
MARCO ISLAND
1040 WINTERBERRY DRIVE
EVERGLADES CITY
207 BROADWAY AVENUE
BY:
OFFICIAL RECEIPT
When Validated
RECEIPT: 2858702
PAYOR: BCC 113 138312 649030
REF: ENGINEERING REVIEN/S NIX
DESCRIPTION
CHECK AMT
DC: 3 DOCUMENTS
RECORDING OF LEGAL INSTRUMEN 39.00
P.R.M.T.F. RECORDING FEE 6.00
DOCUMENTARY STAMP'S - 70 .70
DOC TYP FILE ID BOOK PAGE
SUBORD 2423452 2504 0650
B SALE 2423453 2504 0653
DEED 2423454 2504 0656
7#: 1914211 01/'-'
~.- 1/99
, BILLED; 45, 70
CG ANT PAID; .00
DEPT: RE CORDING
TOTAL DUE: 45.70
2423452 OR: 2504 PG: 0650
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, ~L
01/21/99 at 10:27AM DWIGHT B. BROCK, CLERK
RBC FHB 15.00
Retn:
ENGINEERING REVIEW SERVICES
SHIRLEY NIX
BXT 5586
UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER
THai~ SUBORDINATION, CONSENT AND JOINDER given this // day of
~blL~cl5,I , 1998, by First Union National Bank of Florida, a National Association
(hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as
"County"). Mortgagee is used as singular or plural, as the context requires.
WITNESSETH'
WHEREAS, Mortgagee is the owner and holder of that certain UCC-1 Financing
Statement filed with the Secretary of State, Number 950000252883; Mortgage in favor of First
Union National Bank of Florida, N.A. recorded in Official Records Book 2128, Page 1637; as
modified by instruments recorded in Official Records Book 2285, Page 1534, and O.R. Book
2375, Page 2385; and UCC-1 Financing Statement recorded in O.R. Book 2128, Page 1662; all
of the Public Records of Collier County, Florida, (hereinafter referred to as "Mortgage"),
encumbering the premises legally described therein (hereinafter referred to as the "Encumbered
Property").
WHEREAS, County has requested and received from the fee simple owner of the
Encumbered Property non-exclusive easements for the installation and maintenance of utility
facilities over and across a portion of the encumbered premises legally described in Exhibit "A"
attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter
referred to as the "Easement Property."
WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its
Mortgage to the interest that County has in the Easement Property to which request Mortgagee
has agreed.
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby
consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement
described herein over, under, and across the Easement Property and any interest of the County
in any utility facilities located therein or affixed thereto. Except as subordinated to the easement
described herein over, under, and across the Easement Property or any utility facilities located
therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect.
OR: 2504 PG: 0651
IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the
date and year first above written.
Witnesses:
Print Name
First Union National Bank of Florida,
a National Association
BY:c- ~~'~
STATE OF ? lot ,'da..
COUNTY OF ~
The forgoing Utilities Facilities Subordination, Consent and Joinder was acknowledged
before me byThomo_~ '~'. ~:~K$'~'c~, as ~t. ¥ ;£e ?£eA'~d~er~J~of First Union National Bank of
Florida, a National Association. He/she is pe_.._rsonally known to mg or has produced
as identification.
WITNESS my hand and official seal this 1~ '/'-h day of
,
Notar~ Public
,1998.
(affix notarial seal)
Print Name it~ :.~:~:.~,,. t,"0~ ~. w~8~ - -5[
My Commission ~r~: 33 ~IRES' ~fll 8 ~1 [[
~ ~ ' ,
This Instrument Prepared By:
C. Perry Peeples, Esq.
Annis, Mitchell, Cockey, Edwards & Roehn
8889 Pelican Bay Blvd., Suite 300
Naples, Florida 34108
(941) 597-7088
*** OR: 2504 PG: 0652 ***
EXHIBIT "A"
Tract R of Carlton Lakes Unit No. 2, according to
the plat thereof recorded in Plat Book 30, Page 52,
of the Public Records of Collier County, Florida.
Together with the County Utility Easement (C.U.E.)
in Tract L3 of Carlton Lakes Unit No. 2, according
to the plat thereof recorded in Plat Book 30, Page
52, of the Public Records of Collier County, Florida.
FOR USE BY
CLERK OF COURT:
2423453 OR: 2504 PG: 0653
RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, ~L
01/21/99 at 10:27AM DWIGHT E. BROCK, CLERK
R~C ~ 15.00
Retn:
~NGINHRING RBVIIW SgRVICBS
SHIRLB¥ HII
~X? 55B6
BILL OF SALE
THIS BILL OF SALE evidencing the sale and conveyance of the water utility facilities
described herein is made this lq day of ,qV6ct£T' , 1998, by NTC Development,
Ltd., a Florida limited partnership (hereinafter referred to as "Seller"), and the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter
referred to as "Buyer").
WITNESSETH:
That said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof
is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by
these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the
Buyer's heirs, successors and assigns forever, all those certain water utility facilities lying within
the following described land, together with appurtenant easement rights for the operation,
installation and maintenance of said facilities, situate, lying and being in Collier County, Florida,
to wit:
(See Exhibit "A" attached hereto and
incorporated by reference herein)
The Seller, for itself and its successors, hereby covenants to and with the Buyer and its
successors and assigns that it is the lawful owner of the said goods and chattels herein referred to
as utility facilities; that said goods and chattels are free from all liens and encumbrances; that it
has good right, title and authority to sell same, and that it will warrant and defend the same
against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for
singular or plural, as the context requires.
OR: 2504 PG: 0654
IN WITNESS WHEREOF, Seller has caused these presents to be executed the date and
year first above written.
Witnesses:
NTC DEVELOPMENT, LTD.,
a Florida limited partnership
By: SW Florida Partners, Inc., a Florida
By: ~°n~s~
Robert G. Claussen
Its: President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Bill of Sale was acknowledged before me by Robert G. Claussen, as
President of SW Florida Partners, Inc., a Florida corporation, as Sole General Partner of NTC
Development, Ltd., a Florida limited partnership, ~__~o ~s~rsoffallY k~'-~-~r who has
produced identification.
WITNESS my hand and official seal this /q
(affix notarial seal)
This Instrument Prepared By:
C. Perry Peeples, Esquire
Annis, Mitchell, Cockey, Edwards & Roehn
8889 Pelican Bay Blvd., Suite 300
Naples, Florida 34108
(941) 597-7088
__ day of t~'~a~ ~ , 1998.
lXJ~tary P~ic- /
(Print Name)
My Commission Expires: ~
! ,~,y p. OFFICIAL NOTARY $F_4A. I
I~ ~ eC730692 I
I ~"o~ F~o APR. S.2002 I
*** OR: 2504 PG: 0655 ***
EXHIBIT "A"
Tract R of Carlton Lakes Unit No. 2, according to
the plat thereof recorded in Plat Book 30, Page 52,
of the Public Records of Collier County, Florida.
Together with the County Utility Easement (C.U.E.)
in Tract L3 of Carlton Lakes Unit No. 2, according
to the plat thereof recorded in Plat Book 30, Page
52, of the Public Records of Collier County, Florida.
FOR USE BY THE
CLERK OF COURT:
2423454 OR: 2504 PG: 0656
RECORDBD in O~HCIAL RICORDS of COLLIER COUN?¥, FL
01/21/99 at 10:27AM DWIGHT E, BROCK, CLERK
i~¢
Retn:
ENGINEERING R~VI~ SERVICES
SHIRLEY NIX
HXT 5586
DOC-,70
15.00
.70
UTILITIES FACILITIES WARRANTY DEED
THIS INDENTURE, made this /~ day of ~/bo& f' , 1998, between NTC
Development, Ltd., a Florida limited partnership (hereinafter referred to as "Grantor"), and the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns
(hereinafter referred to as "Grantee").
WITNESSETH:
That said Grantor, for and in consideration of the sum of Ten Dollars and other good and
valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs,
successors and assigns forever, all water utility facilities lying within the following described land,
together with appurtenant easement rights for the operation, installation and maintenance of said
facilities, situate, lying and being in Collier County, Florida, to wit:
(See Exhibit "A" attached hereto and
incorporated by reference herein)
and said Grantor does hereby fully warrant the title to said utility facilities, and will defend the
same against the lawful claims of all persons whomsoever. For the purposes of this conveyance,
the utility facilities conveyed herein shall not be deemed to convey any of the lands described in
Exhibit "A". Grantor and Grantee are used for singular or plural, as context requires.
OR: 2504 PG: 0657
IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and
year first above written.
Witnesses:
NTC DEVELOPMENT, LTD.,
a Florida limited partnership
By:
SW Florida Partners, Inc., a Florida
corporation, as General Partner
: ~- ClauSsen, President '
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Utility Facilities Warranty Deed was acknowledged before me by Robert
G. Claussen, as President of SW Florida Partners, Inc., a Florida corporation, as Sole General
Partner of NTC Development, Ltd., a Florida limited partnership,('~h"0 "{s personally known t-'~
r who has produced identification.
WITNESS my hand and official seal this /~ day of /¢O'A,t/,,¢ f' , 1998.
(affix notarial seal)
This Instrument Prepared By:
C. Perry Peeples, Esq.
Annis, Mitchell, Cockey, Edwards & Roehn
8889 Pelican Bay Blvd., Suite 300
Naples, Florida 34108
(941) 597-7088
Print Name
My Commission Expires:
NOTARY SEAL
8~RLINO
CC730692
S,2002
-2-
*** OR: 2504 PG: 0658 ***
EXHIBIT "A"
Tract R of Carlton Lakes Unit No. 2, according to
the plat thereof recorded in Plat Book 30, Page 52,
of the Public Records of Collier County, Florida.
Together with the County Utility Easement (C.U.E.)
in Tract L3 of Carlton Lakes Unit No. 2, according
to the plat thereof recorded in Plat Book 30, Page
52, of the Public Records of Collier County, Florida.
OWNER'S AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF COLLIER )
On this lq day of t~0r&~.q,'f'' , 1998, before me personally appeared Robert G.
Claussen, as President of SW Florida Partners, Inc., a Florida corporation, as Sole General
Partner of NTC Development, Ltd., a Florida limited partnership, owner of property, to me
personally known (hereinafter "Affiant"), who, being duly sworn on his oath, did say that all of
the persons, firms, and corporations, including the general contractor and all subcontractors, who
have furnished services, labor or materials according to plans and specifications, or extra items,
used in the construction or repair of water utility facilities on the real estate hereinafter described,
have been paid in full and that such work has been fully completed and accepted by the owner.
Affiant further says that no claims have been made to the Owner by, nor is any suit now
pending on behalf of, any contractor, subcontractor, laborer or materialman, and further that no
chattel mortgages or conditional bills of sale have been given or are now outstanding as to the
subject utility facilities placed upon or installed in the aforesaid premises.
Affiant further says that the utility facilities described herein are encumbered by, or subject
to a UCC-1 Financing Statement filed with the Secretary of State, Number 950000252883;
Mortgage in favor of First Union National Bank of Florida, N.A. recorded in Official Records
Book 2128, Page 1637; as modified by instruments recorded in Official Records Book 2285, Page
1534, and O.R. Book 2375, Page 2385; and UCC-1 Financing Statement recorded in O.R. Book
2128, Page 1662; all of the Public Records of Collier County, Florida.
Affiant, as and on behalf of the owner of the subject utility facilities, does for valuable
consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier
County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board
of the Collier County Water-Sewer District harmless against any lien, claim or suit by any general
contractor, subcontractor, mechanic or materialman, and against chattel mortgages, security
interests or repair of the subject utility facilities. Affiant is used as singular or plural, as the
context requires.
The utility facilities referred to herein are located within the real property described in the
attached Exhibit "A".
NTC DEVELOPMENT, LTD.,
a Florida limited partnership
By: SW Florida Partners, Inc., a Florida
P~obert G. Clau[sen, President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Owner's Affidavit was sworn to and subscribed before me by Robert G.
Claussen as President of SW Florida Panners, Inc., a Florida corporation, as Sole General Partner
.... ~ m_~r who
of NTC Development, Ltd., a Florida hmned pannersh~p, ~__~s personally known to
has produced as identification.
WITNESS my hand and official seal this Iq,
(affix notarial seal)
This Instrument Prepared By:
. . day of ~}O~O.~"ff'
, 1998.
Not~ .
Print Name
My CommissionExpires: ,~O-~t I~'t
C. Perry Peeples, Esq.
ANNIS, MITCHELL, COCKEY, EDWARDS
& ROEHN, P.A.
8889 Pelican Bay Boulevard
Suite 300
Naples, FL 34108
(941) 597-7088
~ ~ cc73os.2
1 ~'°~*~°~: A~'n. s,~0o= _1
-2-
EXHIBIT "A"
Tract R of Carlton Lakes Unit No. 2, according to
the plat thereof recorded in Plat Book 30, Page 52,
of the Public Records of Collier County, Florida.
Together with the County Utility Easemem (C.U.E.)
in Tract L3 of Carlton Lakes Unit No. 2, according
to the plat thereof recorded in Plat Book 30, Page
52, of the Public Records of Collier County, Florida.
ATTORNEY'S AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF COLLIER )
On this / (~ day of ~3(~q t)~"~,1998, before me personally appeared C. Perry
Peeples, a licensed attorney authorized to practice in the State of Florida, to me personally known,
whose current business address and telephone number is Annis, Mitchell, Cockey, Edwards &
Roehn, P.A., 8889 Pelican Bay Blvd., Suite 300, Naples, Florida 34108, (941) 597-7088,
(hereinafter "Affiant"), who, being duly sworn on his oath, does say:
1. This Affidavit is given as an inducement to the Board of County Commissioners
of Collier County, Florida as the governing body of Collier County and as Ex-Officio the
Governing Board of the Collier County Water-Sewer District to accept the dedication or
conveyance of water utility facilities located within or upon the real property described in the
attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier
County, Florida.
2. The Affiant has examined record title information to both the real and personal
property referenced in this affidavit, including but not limited to, information requested from the
Florida Secretary of State relative to any Uniform Commercial Code financing statements.
3. The record owner of the real and personal property described herein is NTC
Development, Ltd., a Florida limited partnership (hereinafter "Owner"). The Owner acquired
record title to the subject real property by instrument recorded at Official Records Book 2106, at
Page 321, Public Records, Collier County, Florida (copy attached).
4. Affiant has examined partnership and corporate information obtained from the
Secretary of State. The Owner is current and active within said State, and is currently authorized
to do business in the State of Florida. Robert G. Claussen as President of SW Florida Partners,
Inc., a Florida corporation, as Sole General Partner of NTC Development, Ltd., a Florida limited
partnership, is authorized to execute the instruments on behalf of the partnership in conjunction
with the conveyance of the subject real and personal property.
5. The subject real and personal property is encumbered of record, or is the subject
of financing statements filed in the Public Records of Collier County, Florida, or the Office of
the Secretary of State as follows: UCC-1 Financing Statement filed with Secretary of State,
Number 950000252883; Mortgage in favor of First Union National Bank of Florida, N.A.
recorded in Official Records Book 2128, Page 1637; as modified by instruments recorded in
Official Records Book 2285, Page 1534, and O.R. Book 2375, Page 2385; and UCC-1 Financing
Statement recorded in O.R. Book 2128, Page 1662; all of the Public Records of Collier County,
Florida.
6. Affiant further states that the information co~tained i~/this Affidavit is true, correct
and current as of the date this Affidavit is given. /L ///~--
C. PERRY PEEPLES
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Attorney's Affidavit was sworn to and subscribed before me by C. Perry
Peeples, who is personally known to me.
WITNESS my hand and official seal this/~- day of /3ct4~ct~-'7~ , 1998.
Notary Public
(Print Name)
(affix p~ ......
~ LFANNE MARIE FARMOS^
~ My Corem [xpims t~pl S, 1998
~{-- No CC 388397
My Commission Expires:
This Instrument Prepared By:
C. Perry Peeples, Esq.
Annis, Mitchell, Cockey, Edwards & Roehn, P.A.
8889 Pelican Bay Blvd., Suite 300
Naples, Florida 34108
(941) 597-7088
EXHIBIT "A"
Tract R of Carlton Lakes Unit No. 2, according to
the plat thereof recorded in Plat Book 30, Page 52,
of the Public Records of Collier County, Florida.
Together with the Coumy Utility Easemem (C.U.E.)
in Tract L3 of Carlton Lakes Unit No. 2, according
to the plat thereof recorded in Plat Book 30, Page
52, of the Public Records of Collier County, Florida.
iii
1981628 OR: 2106 PG: 0321
~lCO~D in OffI¢I~ ~!C0~$ of CO~LII~ COIHIYY.
10105/~$ at e~:14~ DWIG~ !. 8~0CI.
C015
~PLI$ ~L 33~%0
DOCUMENT PREPARED WITHOUT LEGAL OPINION OF TITLE
THIS INDENTURE, made this 28 day of March , A. D.
1995, between J.D. NICEWONDER, a marred man, Grantor, whose Post
Office Address is 148 Bristol East Road, suite B, Bristol, Virginia
24201, to NTC DEVELOPMENT, LTD., a Florida limited partnership,
Grantee, whose Post office Address is suite 201, The Beasl. ey
Building, 3033 Riviera Drive, Naples, Florida 33940, and whose
Security Number or Tax I. D. Number is .
(~GrM~tor' end ~rintee" ore u~ecl fM' s{r~atmr or pturit, mi context requires.}
WITNESSETH: That the said G~-antor, for and in
consideration of the sum of TEN DOLLARS ($10.00) and other valuable
considerations to Grantor in hand paid by Grantee, the receipt
whereof is hereby acknowledged, has granted, b4,rgained, and sold to
the said Grantee, Grantee's heirs, successors and assigns forever,
the following described land, situate and being in the County of
Collier, State of Florida, to wit:
See Exhibit "A" attached hereto and nade a part hereof
SUBJECT TO restrictions, reservations, limitations, and
easements of record and taxes for the year 1995 and subsequent
years.
Tax Folio No.: 00183960009
THIS PROPERTY IS NOT NOW, NOR HAS IT EVER BEEN THE HOMESTEAD
PROt;ERTY OF THE GRJ~NTOR HEREIN, NOR IS IT CONTIGUOUS TO THE
HOMESTEAD PROPERTY OF THE GRANTOR, WHOSE HOMESTEAD IS IN THE
STATE OF VIRGINIA. SUBJECT PROPERTY IS VACANT UNIMPROVED
LAND.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the
Grantor is lawfully seized of said land in fee simple; that the
Grantor has good right and lawful authority to sell and convey said
land; that the Grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all
persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31,
1994.
IN WITNESS WHEREOF, the said Grantor has signed and sealed
these presents the day and year first above written.
Signed, sealed, and delivered
in the presence of:
. ,! /
Witness #.! ~ .~L~. D. NICEWONDER
Printed name 9f witness ~1
.- __~j~ '. /~, , ,,, ,.~ ~,~-..- .
witness b2
Printe4 name nf Witness 12
OR: 2106 ?G: 0322
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 28th
day of March, ]995, by J.D. NICEWONDER. He is personally known to
me.
(SEAL)
No~y Public ~ , . ,
Printed Name ~)~N$ T ~;IL 6/~lt%~J
Cg~ission No.
My Commission expires
NC)TA&Y ~ ~TA'I'E OF
CI~O, II~S~I NO. C~92
I~IY COldkil~lON ~:X~. DE(2.
This Document Prepared By:
Sharon M. Zuccaro, Esq.
Budd, Thompson & Zuccaro
3033 Riviera Drive, Suite 201
Naples, Florida 33940
*** OR: 2106 PG: 0323 ***
EXHIBIT "A"
All that part of the west 1/2 of Section 19, Township 48 South,
Range 26 East, Collier County, Florida being more particularly
described as follows:
BEGINNING at the southwest corner of said Section 19; thence
along the west line of said Section 19, North le-07,-34,, West
100.00 feet to the north line of an easement for drainage
purposes as described in Deed Book 44 at page 78, Collier County
Public R~co~ds, Collier County, Florida said point also being
the southwest corner of that ~arcel as described in o. R. Bo~k
767, pages 1508 and 1509 and O.R. Book 768t pages SZS and 829
Collier County Public Records, Collier County, Florida;
thence along the boundary of that land as described in said O.R.
Book 767, pages 1508 and 1509 and O.R. Book 7~8, pages 828 and
829, collier county Public Records, Collier County, Florida the
following described nine (9) courses;
1) North 89°-09'-48', East 50.00 feet;
2) North 1°-07'-34'' West 549.50 feet;
3) North 88e-52'-26'' East 30.00 feet;
4) North 1°-07'-34'' west 2017.43 feet;
5) North 0o-58'r48'' West 582.54 fee~;
6) North 89°-01'-12'' East 360.00 feet;
7) North 0~-58'-48'' West 800.00 feet;
8) South 89~-01'-12,, West 400.00 feet;
9} North 0°-58'-48" West 1280.00 feet to a point on the north
line of said Section 19, which lies North 89'-20'-08~e East 40.00
feet from the northwest corner of said Section 19;
thence along the north line of said Section 19. North 89o-20,08,,
East 2592.26 feet to the North 1/4 corner of said Section 19;
thence along the north and south 1/4 section line of said
Section 19 South 1"-08'-21,, East 1716.05 feet;
thence leaving said line, South 89o-09'-48'' Wust 750.00 feet;
thence South 1°-¢8'-21'' East 3605.71 feet to the south line of
said Jection 19 and the south line of that drainage easement
described in said Deed Book 44, page 78;
thence along said line, South 89°-09'-48'' West 1890.21 feet to
the southwest corner of said Section 19 and the Point of
Beginning of the parcel herein described;
.,r~r~ FLORIDA ~ ~
UNIFORM COMMERCIAL CODE FINANCING STATEME~ ~ FORM UCC-1 (REV. 1993)
i. ~~.~ ~ , ,
- 2450 Pier ~1.~. J ~on, ~ J 33942
~~ .......
~-~ ................. l~~' 1~; ~c~ ...........
580[ ~t~ ~y B[~. j N~Ze~ ~ / 33963
~~~~~ .................
All that certain persona[ p~t-ty :k. ncr£bed cn tu%e attached Exhibit A
which is located ~1% tha~ certain r~.,~l p~y described cn the att___nx~d
Exhibit B.
I~,~'~ed.
M~ M~M e chenge M nMM, k~, M lN~X)rlll ltmct~ M fl~ W
SEE A/TAC}~D SI(~U%TURE PAC~
SEE AT~N~D SXCNATURE PAGe:
Na~e
A~
C~. State. Ze
Robin C. Thc~s, E.~.t.
~k'ant, Frfdkin & P~ar.~on, P.A.
555]. ;;id(:.~..-..:.,o.] L,'rtve, St,_,. 501
Naples, FL 33963
t I, INC_. OFFICER COPY STANDARD FORM - FORM UCC-1
,.:~- ~.~L-~ ~ .,,r.r:-~ -.."~%, .J~ ~ ~-, . . ...: . ' .. ~,_.
........ . . ,. .... ~ ~ ,~ · . .~ ..........
~ .: ~,.~' ;- ?'~ ~' :;-~-S. x,.,'. ~E;k~ ;" ' ';;:' ~'. :F~:'': . :~ :.:~.'.~4~
t
FIRST UNION NATIONAL BANK OF
FLORIDA, a national bankin8 ~ssociatio,
NTC DEVELOPMENT, LTD., · Florida
limited partnership
By: SW Florida Pm'met,s. · Florida general
partnership, its sole general panner
with f~ii authority to ~ct on its behalf
Robert O. Claussen, as M~.aginli General
Partner with full authorit7 to sct on its behalf
All buildings and improvements of ever,.. I~ind and description now or hereafter circled or placed
on the real property legally de~ribed i~ l'.'xhibit 13 hereto and owned by the Debtor (the
"Premises") and all materials Intended for construction, reconstruction, rehabilitation, alteration
m~d repairs or such Improvements now or hereaflcr erected thereon, all of' which mmcrials shall
be deemed to be Included within the Premises Immediately upon the delivery thereof' to the
Premises, and all fixture~, goods and articles of personal property now or hereafter owned by
Debtot~ and attached to or forming a pz~rt of or used in connection with the Premises or be
operation ired convenience of any building or buildings and Improvements located thereon,
including, but without limitation, all f'urnit,re, furnishings, equipment, apparatus, machinery,
motors, elevator~, Bttings, screens, awni~gs, pm'titions, and convenience of the Premises, and all
plumbing, electrical, heating, lightit~g, v~ntilating, ref.rigeraling, incineration, a-Jr-conditioning,
and sprin~lcr cquipmcnt, s~stem.~, fi,<t~r,~, and conduits (including, but not limited to, all
furnaces, boilers, hot-and-cold v.~tcr c,l,il~m~:nt and system), and all renewals or replacemcnLs
thereof' or articles in substitution thcr~fhr, in ,'ill cases whether or not Ihe ~nle ate ot shall be
attached to the Premises in any manner.
All right, title, estate, and interest of' the l.*cl~t~rs in and to the Premises, propcrty, improvements,
furniture, f.umishing, apparatus, and fixl,res hereby conveyed, a~signed, pledged, laid
hypothecated, or intended so to be.
All accounts receivable, rent-~, issues, pr(d'it.~, r~yaltics, income, and other bene~t~ derived from
the real estate.
All leasehold estate, right, title and !'~tcre~t of Debtors in and to all leases or subleases coverin8
thc Premises or any portion thcrcol' n<,w or hcrenficr existing or entered into, and all right,
limitation, all cash or security dcposit~, advance rentals, and deposits or paymcnL~ of slmilat
nature.
All awards and other compon~tion hcrctot'ore or hereafter to be made to the present and all
subsequent owners ot' the Premises ~r any taking by eminent domain, either permanent or
tempornrT, of. all or any part of. the Premi~c.s or any easement or appurtenance thereof.~.~n, eluding
severance and consequential damage nnd change in grade of streets.
Ail insurance proceeds a.s a result ot'dRm~ge ~r de.~lruction to die Premises. ~.-'~'
All account~, general intangibles, contract rights, chatlel paper, deposit acco~.l~ money,~
documcnts, cncumbrances and instruments, now or herealter owned by Debtor al~l~ relnl~
used in connection with or arising out ot' the prcnfi.~es or any improvements Iocnted~ereofL.~
All proceeds o1' the foregoing and all ~ubstitmions, replacements and accessions thereto. The
security interest herein is limited lo such of'the for:going a~ is owned by Debtors.
I~C( I XIIIII IXK.'
EXHZB[T ~ - LEGAL DBgCRZP?XON
All that pa~t of the viii 1/2 of 8action l~ ?ovnahip 4e Bou~h~
Range 26 EsOt, Collier County, Florida being moro particularly
described al
BEOZNNZN~ at the loUthvest corner of said Section 19; thence
along the viii line of laid Section 19, North 1'-07'-34" Vest
100.00 feat to the north line of an easement for drainage
purposes as delcribed in Deed Book 44 at page ?8, Collier County
Public Records, Collier County, Florida said point &leo being
the Iouthvelt corner of that parcel as described in O. R. Book
767, pages IS08 and 1509 and O.R. Book 768, pages 828 and 829
collier County Public Records, collier County, Florida;
thence along the boundary of that land as described in said O.R.
Book 767, pages ISO8 and 1so9 and O.R. Book 769, pages 828 and
829, Collier County Public Records, Collier County, F~rida the
fol!ov~ng described nine (9) courses;
1) North 89'-09'-48' East SO.00
2) North 1'-07'-34" Nest 549.50
3) North 88'-S2'-26" East 30.00 feet;
4) North 1'-07'-34' Vest 2017.43 feet;
S) North 0'-S8'-48" Vest S92.S4 feet;
6) North 89'-o1'-12" East 360.00 fee~;
7) North 0'-5e'-48" ~es2 S00.00 feet;
S) South 89'-0L'-12" Vest 400°00 feet;
9) North 0'-Se'-48' Vest 12e0.O0 feet to a point on the north
line of said Section 19, vhich lies North e9'-20'-0~" East 40.00
feet from the nocthvest corner of said Section
thence along the north line of said Section 19, North
East 2592.26 feet to the North 1/4 corner of said Bect£on
thence along the north and Iouth 1/4 section line of laid
Section 19 South 1'-09'-21' East I?16.OS feet;
thence leaving said line, South 89'-09'-49" Vest 750.00 feet;
thence South lo-O8'-2Lt° East 3605.71 feet to the south line of
said Section 19 and the south line of that drainage easement
described in said Deed Bock 44, page ?8;
thence along said line, South 89'-09'-48' Vest L890.2~ feet to
the southvest corner of said Sect£on 19 and the Point of
Beginning of the parcel herein described;
L~YER'$ ~BSTR~CT
mD:a4~7742627
MAR 23'98 16:02 Na.Ol4 P.02
2003919 OR: 2128 tG: 1637
UC~lO 11 OII~CI~J, ILI~OI~I QI C~]II
a~ Ilitllll. II
ftc lPP
Il ti:
SlOP TJOI~IOI rr
3031 I~tlIIA Iii t201
I,U~ll IL IIIII£OR 0££1CD*1 USEON~ ~'
MORTGAGE AND SECURITY AGREEMENT
AND
ASSIGNMENT OF LEASES, RENTS AND PROFITS
THiS MORTGAGE is execuled &q of this .~ day of 4),'(T/nb,', 1995, ir, favor of
FIRST LINION NATIONAL BANK OF FI.ORIDA, a nalional banking association (hereinafter
referred to ax the "Mortgagee"), whose address is 5801 Pelican Bay Boulevard, Naples, Florida,
33963 by NI'C DEVELOPMENT. I.TD,, a Florida limited pm'mership (hereinafter referred to m
"Mortgagor"), whose address for notice under this Mortgage is 2450 Piper Boulevard, Naples,
Florida, 33942.
WI TN E S S E'r 1t:
That {'or divers good mid valuable considerations end to secure the payment of an
indebte.,dness in the aggregate surn of EI,EVEN MILLION ONE IIUNDRED THOUSAND AND
NO/100 DOI.LARS ($11,100,000.00) or $o mt;eh theroof its may be outstanding, to be paid in
aucord~nce with (i) a promissory note of even dale herewith in tile amount of SEVEN MII.I.ION
ONE }[UNDRED T}IOUSAND AND NO/100 DOLLARS ($'/,100.000.00) ("Note 1"), and (ii) a
rcvoNing promissory note OI' cron date hen;with in thc face amount of FOUR MILLION AND
NO/lO0 DOLl. ARS (54,000,000.00) ("Note 2"), together with interest on said Notes trod may and
all sums due or which may become due from the Mono,got to thc Mortgagee, the Mortgagor
docs gnmt, bn.rgain, sell, alien, rcmise, rclea.sc, convey and confirm mzto thc Mortgagee its
successors emd assigns, in thc simple, all of that certain tract of Im~d of which the ,M.~rtg~gor in
now ~ized nnd possessed ar:d in actual pos~ssion, situate in the Cou,W of Collier. State of
Florida, which is more fully &scribed in Exl:ibit "A" attached hereto nmi made ,, part hcreo,
together with the building.~ and improvements thereon erected or to be erected (hercinafh
referred lo as tile "Morlg~ged Property"
maturity date of-~4'(." fa', /'~, , 1997. Under Note 2, amounts may bc repaid
rcadvanccd so th.t the cumulative amount advanced may exceed in the aggregate $4,000,000.09,
but at T)o time shall thc principal bal,'mcc ou~st,'mding exceed $4,000,000,0f'S. (Nutc I and Note 2
arc c, ollcct:vcly rcftqrcd tO herein ns the
'I'QC;E I'itER with:
(i) ,ti: Ic,~schold estate, and all rigl~t, title and intclest of Mo.qgagor iu and to all
leases or subleases covering thc Prcmist:s ur ~sy portion thereof now o~ l~erealter existing or
ABSTRACT 1D:9~I?742627 MAR 25'98 16:02 No.O14 P.OS
OR: 2128 PG: 1638
catered rolo, nnd all right, titlt: and interest of Mortgagor thereunder, inctudlng, without
limitation. ,~l~ C~L,~h or security dcposils, advance real. aN. and deposils or payments of similar
(ii) all right, title and interest of Morlgagor in and to all oplions to purchase or lease
tile Pren'~iscs .r any portion thereof or interest therein, and any stealer estate itl the Premises
ow.ed or hercaflcr acquired;
(iii) all gores, casements, streets, ways, alleys, rights.of-way and rights used in
connection therewilh or as a mcan.~ of access lher¢Io, and all lenemenls, heredi,.amenls and
~ppunen.'mces thereof and therelo, and all water righls;
'iv) any and all buildings, slructurcs anti improvements now or hereafter erected
ther..~a, including, but not limited to the fixtures, altnchments, applinnce~, equipment,
machiner% and olhcr anlclcs attached ~o said buikling$. ~lructures and improvements (somelimes
hcrt. inafler referred lo as thc "Improvements");
(v) all fixtures, appliances, machinery, equipment, furnilure, fumishi.gs and nrliclcs
of personal property now or hereafter affixed to, placed upon or used in conn,:clicm w:th
operalion of any of said properties, nil gas, s~eam, eleclric, water and olher heating, cooking.
rcfrige~aling, liglmng, plumbing, vemilnling, i~igating and power syslems, machines.
appliances, fixtures, and appuaenm~ces which ~e now or may herea~er ~anin or ~ used wilh,
in or on said Premises, even though lhey may ~ delaehed or delnchable ~d all building
improvement nnd consm~clion malerials, supplies and equipment hereafter delivered
Premises conlemplaling inslnllnllon c~r use in the constn~ctions thereon nnd all 6ghts ~d interesl
of Motlgngor in bailding perils and ntchiteclural plans ~d s~cifiealions rel:tllng
contemphled consUuctions or Improvcmenl~ on said Premises nnd all
Mo~ngagor in present or fl,~urc m.rtgage loan commitments ~naining to any of ~id P~'emisgs or
Improvements thereon (son~clitn:s hcrcinaller l'Cfcgcd lO as thc "Pc~sonnl Propcay");
(vi) nil awards and proceeds of condcmnatitm for lite Premise..; or nary pall thcrc, f to
which Morlgagor is enlitlcd For any Inking of all or ~y pan ol thc Premises by condemnation
exercise of thc right of eminent domain. All such awards and condum:,ation proceeds ~e hereby
assigned m Mortgagee nnd ~he M.ngngee is hereby authuriz~d, subject to lite provisions
contained in this Mortgage, to apply such awards ~d condcmtmtion proceeds or any pan ~hcr,
a~er deducting ~bcrcfrom any cxpcnscs incurrcd by ~he Mo~gagcc m ~he collection or handling
thereof, toward thc paymcnL in full or in pa~, of the Notes, notwithstanding the fact thal thu
mnount owi~g thcreo, may no~ then ~ duc and payable;
(,,'ii) till rents, isst{c$ nnd p~oli~s of thc Premises and nil the esi.ate, right, title nnd
intcrcsI of every nature whatsoever of thc Mortgagor in ~md m thc same;
(vi,0 :,11 ~tccounl,; (including conlracl .-ights) and general intn.:l:,.iblcs pcrlaining to or
arising frt,m or in conncclio~ with all .r any part of thc Mortgaged l'ropcrty, as hereinafter
_ ~,LR S ABSTRACT IB:94,7742627 MAR 23 98 16:03 No.O14 P.04
OR: 2128 PG', 1639
dcfmed, includ{ng without limJtntion all proceeds nnd choscs in action arising under any
insurance Ix~licies maintained whh respect to all or any pea or,he Mortgaged Property; and,
(ix) a~l proceeds, products, replaccmcnts, addilion.,;, sub,~fitutions, rcnuwMs and
accessions of any o['~hc £orcgomg items.
All of thc fi>rcgoing mai and personal properly, and all rights, privileges and franchises are
collcctlvcly referred lo as the "Mortgaged Property".
TO ttAVE AND TO IIOI.D all and singular the Mortgaged Property hereby conveyed,
and the tenements, hercditaments and appurtenances thcrcumo belonging or in any'..'i~
appertaining, and thc reversion and reversions, remainder and remainders, reals, issues mid
profils :" areof and also all the estate, right, lille, interest property, possession, claim and demand
what:...:'vcr as well in law m~ in equity or thc said Mortgagor in and to the same and every pa,ri
and parcel thcrcof unto thc ~id Mortgagee in fee simple.
PROVIDEI) ALWAYS thai if the Mortgagor shall pay to the Mortgagee any and all
indcb',cdncss duc by Moagagor to Mortgagee (including the indebtedness evidenced by the
Notes and any and all renewals of thc same) and shall pcrfonn, comply with and abide by ezch
and every siipulntion, agreement, condition, and covenant of the Notes and of thi.~ Mortgage;
lhcn this Mortgage and thc estnle hereby created shall cease and be null and void, Provided. it is
further covenanted and agreed by the Mortgagor hereto that this Morlgagc also secures the
paymcnt of and includes all future or further advances as hereinafter scl forth, lo thc same extent
a.q if such were made on thc dale of the execution of thi.g Mortgage, together with an)'
disbursements mude for thc payment of tax, levies or in.~urance on ~he Morlgagcd Property, with
intcrcsl on such disbursements ,t thc Dc fault Rate as hcrcinaflcr defined.
To protect thc security of this Morlgage, lhe Morigagor f~rlher covcnanls, warrants and agrees
v, ith the Morlgagcc its follow~:
ARTICLE I
COVENANTS AND AGREEMENTS OF MORTGAGOR
1.0l. Payment of Secured Obligalions. Morlgagor shall pay when duc the pdncil~,~
of, and thc interest on, O~c indcbtcdnc.qs evidenccd by the Nolcs, and the charges, fees and ti
principal of, and interest on, any future advances secured by this Mortgage and shall otherwise
comply with all of thc terms of thc Notes trod this Mortgage.
i.02. Warranties and Reprcscntalions. Morlgagor hereby covenants with Moagagec
0ml Mo~gagor is indefcaqbly sei~d of the Mortgaged l'ro~ny in fcc simple: that ~c
Mo~gagor h~ full ~x~wcr and }a~ul righl ~o co]~vey Iht ~c in fcc simple as aforc~d; ~at i~
shall ~ lawful For Mortgagor at ail limes ~accably ~d quietly lo cater u~n, hold, ~cupy ~d
enjoy ~xid Mo~gagcd ProB~ny and c~cD' paa thereof; thai Mortgagor will m~c such further
assurances Io l~rfcx'i Ibc llcn inlcrcsl in ~id Premises in Mortgagee, aq may reamnably ~
_ZsYER'S ABSTRACT ID:941~74262? MAR 23'98 16:04 No.O14 P.O5
OR: 2128 PG: 16 0
required; mid fl~al Mortgagor does hereby fully warrant the title lo thc Mortgaged Property and
every pan thereof and will defend the same against the lawful claims of all per.~ons whomsoever.
Mongag0r further represents and warrmlts to Mortgagee that all information, repons.
paper, nnd data given to Morlgagee with rcspc¢l to Mortgagor, and to the loan evidenced by tile
No,es and Mortgage are accurate and correct in all material respects and complele insofar as may
bc ncccssary to give Mortgagee a true and accurate kn0wledgc of file subjcc! matter.
1.03. Ground Leases, Subleases ~nd E~emen/~. Morlgngor, nt Morlgngor's sole ~osl
nnd ex~n~, shntl maintain ~d cau~ to ~ ~rro~cd all of ~he covenanls, ngreem:nls, leans.
conditions ~d provisions on ils p~ lo ~ kepi, obse~ed ~d ~rfo~cd under ~y crowd Ieee,
l~e, 5~.blease or u~sements which may constitute a ~nion or or ~ interest in O~e Premises,
shall r~ui~ its len~ts or sub~cnnnts Io keep. obse~e ~d ~r~onn ~ll the coven~ls, agreements.
lerms, conditions nmi provisions on their pm to ~ kcpl. obsc~ed or ~rrormcd under ~y ~d
all ground ]~ascs. ]c~es, subleases or ensemems: nnd shall nol su~er or ~mfit uny breach or
default to occur with rcs~cl Io ~hc foregoing: ~d in dcruul~ lhereof~he Mo~gagcc shall have Iht
right ~o ~rfom~ or Io require ~rro~cc or~y soch cov~nank~, ~grccmcnts, tc~, conditions
nr provisions of any such ground lease, lease, suble~c or c~emcnls ~d lo add any ex.nsc
incur'red in connecl~on fl~ercwlth to ~he debt s=c~d hereby, ~hich such cx~nsc shall ~=
interest from thc date of payment Io Ihe dale of recove~ by ~e Mortgagee al the Defnull Rale ns
hereinafter defined, Any such pnymem by Ibc Mortgagee with ime~st thereon shall ~
immeOiately due ~d payable. The Mortgagor shall not, ~lhoul lhe consent of the Mo~gag~e,
consem ~o lhe modification, ~endmcnl. c~ccllntion, Icnnina~ion or surrender of ~y such
ground lc~sc, lease, sub:.t:~e, or cnsctnenl.
No ~elcnse or forbearance o1' any of the Morlgagor's obligations ~mdcr any such ground
lease, lease, or sublease, sh~ll release Morlgngor from ~u~y oF ils ohllg~llons under this Mortgage.
i.04. Rt, quirt, d Ins.rancc. Morlgagor shall, at Mortgagor's sole cost ,'md expense,
maimain or cause Io be mainlaincd with ~'cspecl Io lhe Morlgaged ['~ope~ly, mxl each pml fllcrcof,
lhe following insurance:
(t{) ]nsurnn¢c against loss or damage to the Improvements by file mid ally
lJl~ risks covcrcd by insurance o~ thc type nnw kno~ as "~re ~,nd extended coverage." in
am~ounl not less lhun the originnl m~)o~mt of tile Notes or the full replacement cost of the
Improvements; and
(b) Such other inst~rance, m~d ill such atn,)unts, ,~s may lioin Iime to time be
required t.,y Mortgagee against thc same or other hazards.
All policies of insurance required by Ibc tenns of this Morlgage shall t:ontuln an
endorsement or agreement by ~he insurer lhal ,'my loss shall bc payable
~cmas of such policy notwiths~tu~ding arly .el or negligence of Mortgagor which mighl
~esult in forfeiture of said insurance and thc fi~r~h~r agreemenl of the insurer waiving ali
set off, cotmterclnim or deductions against Morlg;sgor
LAWYER'S RBSTRRCT 1D:9417742627 MRR 25'98 16:05 No.O14 P.06
OR: 2128 PG: 1641
Mor~ga~,or m.',y cfl"cct for its own account ,ny insurance Ilot requ{rcd under this
104, bt,[ any such im~urance cfl'cctcd by Mortgagor on the Morlgagcd ?ropcrty, whether or
so Icquircd, sMll bc {'or the mutual bcncfil ~£ Mnrtga~or and Morl,gaEcc and shall bc subject lo
thc olht'r provisions of this Morlgngc.
1,05, Delivery [)t Policies, Paymen! of Premiums. All politics of insurance shall be
issued by companies and in ~ounts in each company salisfaclo~ to Mo~gagce, Any ;cch
insur~ce company shall have a Besl's rating of A t~r A+. All policies of insurm~ce shall have
a~lncbe., therein a lender's loss payment endorsement for thc
sali~uc[o~ to Moagagee. Moggagor sh~ll furnish Mo~gagec with ~ original ~liey of all
~licies of required insun~nec. If Mortgagee consents Io Mo~gngor providing any or e required
insurance through blanket policies c~ied by Mo~gagor and covering more Ih~ on~ Iocalion.
then Mong~gor shall' furnish Mo~gagcc with a cc~ificalc t~f insur~cc for each sttch ~licy
setting forth the coverage, thc limits of liability, ~c n~e of thc c~ier, the ~licy numar, mid
thc expiration date. A~ least thirty (30) days prior lo thc cxpiration of each such ~licy,
Mollgagor shall f~i~h Mortgagee wilh evidence satisracto~ to Mo~gag~c of the payment of
premium and Ibc reissuance of a ~licy continuing insurm~ce in force ns required by thi~
Mo~gagc. All such N]llcics shall contain n provision Ihat such poligics will not ~ cm~celed or
m~terinlly amended, which tem~ shall include nny reduction in lhe scope or limits of coverage,
without nt least thirty (30) days prior written notice to Mo~gngce. In tho event Mo~gagor fails
to provide, m~intain, keep in t'orcc or deliver ~d furnish to Mo~gagce U~e ~licies
~cquired by this Section, Mo~gngec may procure such instate or single-interest insurance for
such risks covering Mongagec's in~crcst, and Mortgagor shall pay all premiums thereon promptly
u~n demand t,y Mortgagee, m~d until such paymenl is made by Mortgagor, the ~ount [)f all
such prcmium~ together ~vqh imcres[ thereon al the tale of interest aRcr matuNty or defauh
provided ;n iht Notes or the maximum rotc pvnnilled by Florida law. ~hichevcr i~ less (the
"Dc~utt Rate") shall be algomed lo be a pan of the indebtedness s~curcd by this Mortgage.
1.06. Insurance Pruct'ed~. After tile happening of any casualty to the Mortgaged
l'ropcrty or ;my p;~r'x tht.'reof, Mortgagor shall give promp! w'rilten notice thcrct~f ~o Mortgagee.
(al In thc cvcnt of ,'my damage to or dcstrucfion of the Mortgaged Property,
Mo~gagcc shall have tt~c option m its sole discretion of applying or paying all or p~ of the
insurance procccds [i} to arty indcNedness secured hereby nnd in such order as Mortgagee may
determine, o: (ii) to the rcsIor~litm of the lmp;ovcmcnts, or (iii) lo Mo~g:ngor.
(b) In thc event t~f such los~ or dtmmgc, alt proceeds of insur;mcc shall bc
payable to Mortgagee, a~d Morlgagor hereby authorizes nnd directs any afl'coted insurance
company to make pnymcnt of such proceeds directly Io Mortga£ce. Mortgagee is hereby
;roll;on,'cd nn~l cmpov, crcd by Mortgagor lo sculc, adjust o~ comp:ol,:isc any claims for loss,
dam;igc or dcstructitm under rely }x, liuy ¢,r policies of insur;mce.
(c) l-'.xccpt to lhe extcm that in~utat~cc p~occcds arc rt't'clv;'d by Mm'tgagec
and applied to the i~ldublcdncs5 ~t'c art~d he,eh)', uothing he,cia containcd sht,ll be due,ned
c vER'S aBSTRACT ID:94i7742627 MAR 23'98 16:06 No.O14 P.O?
OR: 2128 PG: 1642
excuse Mortgagor from repairing or msinlaining thc Mortgaged Properly us provided in this
Mortgage o~ ,csloring all damage or deslruclkm to the Mc~r~guged Propcrly, regardless or
whether or m)t there :ire insurance proceeds available or whether any st,ch proceeds arc s~,f]'icicn!
in n,nuunl, nnd thc application or release by Morlgagee of any insur.',nce proceeds shall nol cure
or waive troy dcfaull or notice ofdefault under this Mortgage or invalidate any act done pursuant
to such notice,
1.07, Assignment of Policie~ Upon Foreclosure. In the event of foreclosure of INs
Mn,lgaee or uther tr~msfcr of lille or assignment of'the Mortgaged Properly in exlinguishmcnl, in
who', or in pan, of thc dc[,l secured hereby, ;~ll righl, title ~md inlcresl of the Mo~mgngor in and to
all policies of insunuice required by this Sectio~ shall inure to the benefit or and pass lo the
successor in inleresl to Morlgagor or the purchaser or grantee of the Mortgaged Property.
Mortgagor hereby nppoinls Morlgagcc its auomey-in-fnCl to endorse'any checks, draft or other
i,{strumems reprcscming any proceeds of such insurance, whether payable by rca.~on or loss
thereunder or othe,~ise.
1.08. ':'~.,,em, Utilities ~nd Impu,4linns. Mortgag~r shall pay, or c~usc to be paid ~d
disch~ged, on or ~'forc the l~l day on which they ,any be paid without pennliy or intcresl, all
such duties, luxes, scwvr ~nts, ch~gcs for w~tcr, or for setting or repairing of meters, ~d all
other u~ilidcs o,~ ibc Mo.g~ged Pro.ny or ~y pu~ Ihe~of, ~d any assessments ~d payments,
usual or ullusunl, cxtraordin~ or ordinal, which shall ~ impo~cd u~n or ~comc duc and
pa)'nblc or ~comc n lien u~n the l'~mlscs or nny p~ thereof nnd the sidewalks or sifters in
rr(mt thereof[md ~y vaults therein by vi~ue oF~y present or future law of fl)e United Slates or
of thc grate, County, or Ui/y wherein d~e Premiscs are located (all of thc Foregoing being herein
collectively called "hn~sidons"], In defnutt of any such payment of any imposition, Moflgt, gce
may p~y thc same and thc ltmount so paid by Mo~gagce shall, at II{c Mo.gagcc's oplion. ~comc
immediately duc and payable wilh interest at Ibc Dcfnu}l Rule nmi shall be deemed p:ul of the
mdcblcdncss sect,rcd by this m~.gage,
Il'ut ltny time lhtq'e sl,lfil bc assessed or imlx~scd (i) a lax or [~ssessrncnt on thc Prcnlises
lieu of o~ in [,ddititm to thc Impositions payable by Mortgagor pursuanl to tiffs section or (ii:
license fcc. ~x or nssessmcnl im~sed on Mortgagee ;md meas~aed by or b~cd in whole or
p~n u~n lhe nmotmt off Iht outx~ding obligalions secured hereby, then all such
nsscssmcnls or fees shal{ be deemed to ~ included with the lenn "Impositions" ns defined in this
Section, r, nd Mt~g.gor shall pay trod discharge Ihe s~c ~s hereto provided with rcspcc~ lo the
payment of [n~posilions or, ui the option of Mortgagee, all obligations secured hereby, together
wid~ nil ~ccmcd interest fl~ereon, shall immcdmtely become due and payable. An~hing to
conunry hcrcir, no~will~stnnding, Moagagee shall have ,m ~)bljgniion to pay ~my franchise,
inhcrmmce, inet)mc, excess profits or slmil~ i~x levied on Mortgagor or on thc obllgnlions
secured hc,'eby,
,M.tagagor shrill pay all nmnga[:e recording t;~xes mid fcc..; puyah c with respect to Ih~s
Mmlgagc t,r mhc,' ,uc,~lgagc or ira~slZ'r taxeg due on accom~t of lifts Mc~rigugc or the Noteg
~;ccu~cd hereby.
LP~¥ER'S RBSTRfiCT :D:9417742627 MfiR 25'98 16:06 No.014 P.08
Oil: 21 B PG: 16 3
Mortgagor shall exhibit to Morlgagee the original receipts or o~her
safisihcto~ proof of thc payment of all lm~sitions which may affcc~ fl~c Mortgaged P~y
~ny pa~ thcrcof or ~he lien or fl~e Mo~g~ge promptly following ~he last dare on which each
lm~sltions is payable hereunder,
No~wifl~s~anding thc foregoing, Mortgagor shall have Ibc righl, after prior ~itten notice
to Mo~aBcc. to conlcst at its own ex~nsc thc amount ~nd vnlidily of any lm~silion aff~ting
Ibc Mo~g~d Pro~y by ~ppropria~e proc~dlngs conducted in good faith ~d ~ duc
diligence m~d ~o ~sl~ne or defer paymcnl thereof, if~d so long ~:
(al Such proceedings sh~ll o~r~c lo sus~nd fl~e collection or ~uch
lm~',-,tion fi'om Mortgagor or the Mo~gaged Pro~rly; or
(b) Neither ~e Mo~g~gcd Pm~ny nor ~y p~ U~creof would ~ in
immediate dnngcr or ~inB forfeited or los~ by re.on or such proceedings, ~s~ncmenl or
dcrcrmcnl; nnd
(c) In tl~c c~c of any im~sifions affecting tl~ Mo~B~gcd Pm~ny which
might ~ or ~com~ a lien, encumbrance or ch~g~ u~n or rcsul~ in ~y fi)rfcit~c or loss of
Mo~gn~ed l'ro~r~y or m~y p~ ~c~of, or which migh~ result in loss or d~nge Io Mortgagor or
Mo~gagcc, Mo~gu~or, prior to lhe dale such Im~sifion would bccom~ delinquent, shall have
f~mishcd Mo~gagcc wi~ sccurily sa~isfaclo~ Io Mo~gag~c, and, in tho cven~ that such securiiy
is f~ishcd. Mo~gaBec shall no~ havc ~h~ figh~ during lh~ p~dod of the con~os~ to pay, remove or
discharge ll~e Im~sifion,
1.09. ~sinlcn~nc~, Rcp~i~. Allcr~lion~, Mo~gagor sl~all kccp ~e Morlgaged
Ptolemy. or cause ~hc ~amc h, ~ k~pl, in go~ condition nnd repair nnd fidly p~o~cctcd flora
clements ~c) ~hc satisf~clio~ of Monil~gcc; Mo~g~gor shall nm commil nor ~rmil
commil~cd waste fl~c~con and sh~ll no~ do nor ~nnit Io be done any nc~ by which ~hc
Pro.ny shall ~.comc less vtdu.ble; Mortgagor will not remove, demolish or s~mc~uruliy allot
~u~). of thu lmpruveme~lls ~.xccp~ ~.ch al~cr~ti(ms a~ may be rcquirt'd by I.ws, ordinances or
rc~ulnllons) withou~ tl~e prior written ~mfission of the Mo.gagee; Mo~gngor shall complete
promptly and m is ~ood and workm~uflike manner nny btdlding or other impiovcmcnt which
~ conxt~ctcd t,n thc p~mises m)d promptly restore in like n'.anncr any Improvements w~,ch
m~sy ~ damaged or destroyed fl~e~on nnd will pay when due ~11 claims for lair ~rFo~cd
matcri~s fumishcd therefor; Mortgagor shall usc ~d o~rale, and shall require its lessees to usc
or o~mtc, the Mo~ga~cd Pm~ny in compli~cc ~th sll applicahte laws, ordinances,
regulations, coven~ms, conditiuas and rcsidcth~ns, ~d with all applicable rcquircmcnls of
ground lense, lense or sublease n~w ~,r hcreaAur affecting the Premises or any parl lhercol',
Unless required by lliw or unless Mortgagee h(ts olhcrwisc l~grccd in w~ili~)g. Mo)~gagor shall not
allow ch~Bcs in thc stutcd us~ of Mo~gagcd l'ro~ny From lhal which w:~ dis~h)scd
~ortgag~'c .t th~ Umc of execution hencol, h.loHgagor sh~ll not initiate or acqulescc to a zoning
chalice of the Moligagcd I'ro~ny without the prior notice Ii) and consent o~
Monga~cc ~nd its :cprcscntativos sl~al[ have sccc~s lo thc Premises at ali reasonable times ti)
L~B¥ER'S ~ESTR~CT ID:gLi7742627 NaR 23'98 16:07 No.O14 P.99
OR: 2128 P',: 1644
dctcrmi,c whether Mortgagor is complying with its obligations under this Mortgage, including,
but not limhcd '.o, those scl out in this Section,
1.I0. Eminent Domain. Should the Mortgaged Property, or any part thcmotor interest
therein, be taken or damaged by reason of any public use improvement or condcnmah 'n
proceeding, or in ,'my other manner ("Condenmation"). or shou]d Morlgagor receive any notice or
other information regarding such Condemnntion, Morlgagor shall give prompt written notice
thereof to Morlgagee.
(a) Mortgagee shall bc entitled to all compensation, awards ,'md other
pay,ncnB or relief granted in connection with such Condemnation, and shall be cntltled, at its
option, to commence, appear in ,'md prosecute in its own nmnc any action or proceedings relating
therclo. Mortgagee shall also be entitled to make any compromise or settlement in connection
with ~..~ch Inking or damage. All such compensation, awards, damages, righls of action and
proceeds awarded to Mortgagor (the "Proceeds") arc hereby assigned to Morlgagee and
Morlgagor agrees to execute such further assignments of the Proceeds as Mortgagee may require.
(b) In thc event any Ix~rtion of the Morlgagcd Property is so taken or
damaged. Mortgagee shall have thc option in ils sole and absolute discretlun, to apply all such
Proceeds, after deducting therefrom alt costs and expenses (regardless or the particular natttrc
thereof and whether incu,wcd with or without suit), including attorneys' fees, incurred by il in
com~ecti¢m with such Proceeds, upon any indebtedness secured hereby, or to apply all such
Proceeds. at,er such deductions, to the restoration of the Morlgaged Property upon such
conditions ~ Mortgagee may determine. Such e, pplication or release shall not cure or waive any
default or notice of&fault hereunder or invalidalr any act done pursuanl to such notice.
(c) Any amounts received by Mortgagee hereunder (after payment of any
co.,Ix in connection whh obtaining sm'ne), shall, if retained by Mortgagee, be applied in payment
of any accrued interest ~u:d then in reduction of the then outstanding pd.cipal sum of the Notes,
n,twilhstanding thai same may not then be duc ~d payable. Any amount so applied to principal
slndl b~ applied to lhe payment of installmcnls of principal on thc Notes in inverse order of ils
due dole.
1,1 i. Action~ i)y Morlgagce to Preserve Ihe Security of thin Mortgage. If t; c
Mortgagur fails lo make any payment or to do any act as and in thc ma:mcr provided for in ti s
Mortgage or the Notes, the Mortgagee, in its own discretion, withoul obligation so to do and
without notice lo or demand upon Mortgagor and without releasing Mortgagor from any
obligation, may make or do thc same in such maturer and lo such exlcnt a.,; Iht Mortgagee :nay
dccm neccss~sry to protect the security hereof, Mortgagor shall pay upon demand all expense
incurred or paid by Mortgagee (including, but not limited to, slim'heys' fees and court costs
including th.se of appcllate nnd bankruptcy proceedings) on accomtt of th:' exercisc of mxy of the
aforesaid rights o~ privileges or on uccount o£any litigation which mt~y arise in connccOon with
this Mortgage or the Notes ur tm account of any attempt, without litigatiou, to enforce thc terms
o£ this Mortgage or said Notes. In ctt,~c the Mortgaged Property or e. ny purl thereof shall be
I II __ I . m t [ ., . :---- -- - - ,'-'. ...................
L;2YER'S aBSTRaCT ID:94!7742627 MflR 25'98 16:08 No.O14 P.iO
OR: 2128 1645
advertised for Ibrcclosurc sales mad not sold, Mtmgagor shall pay all costs in connection
In thc cron; Ihm thc Mortgagee is called upon to pay any sums o£ moncy to protect dos
Motlgagc and thc Notes as aforesaid, all monies advanced or duc hereunder shall ~cc.~c
m~mcdiately duc ~d payable, together wi~ in;crest at the Dcfaul~ Rate, computed from ~he date
of~uch advance to thc date o~hc actual receipt o¢ paymcnt thereof by ;nc Mo~gngee.
1.12. Cost of Collection. In tlic even! lhis Montage is placed in thc hands of mi
auorney for thc oolite;ia,1 of any sum payable hereunder, the Mortgagor agrees to pay alt costs of
collection, including reasonable att¢)mcy's fees including those in all appellate and bankruptcy
proceedings, incurred by thc Morlgagcc, either with or withou! thc institution of any acticn or
proceed;ag, and in addition to all costs, disbursements ~nd allowances provided by law. All such
co.qt,' "o incurred shall bc deemed to bc secured by this Morlgage.
1,13. Survival of Warrantiea. All representations, warranties and covcn~Is of
Mortgagor contained herein ur incoffx~ratcd by reference ~hall survive funding t,f thc lama
evidenced by t}~c Notes and shall remain continuing obligations, warranties ~nd representations
of Mortgagor during any time when any ~mion of thc obligations secured by this Modgagc
1.14. Additional Security. In thc event Mortgagee al ~my time holds additional
sccurily for any of thc obligations securcd hereby, it may enforce thc sale thcreof or otherwise
realize upon thc .'.;amc, m its option, either before or concurrently herewith or after n sale is made
hereunder,
1.15. Inspections. Morlgagcc. or its agents, representatives or workmen, arc aulhoriz, ed
to cater at any lcasonabtc lime upon or on any pan of thc Premises for ~l~e pu~ose ofins~cting
thc same. and for thc purpose of perfc)nning any of Iht acts il i~ authorized Io ~rfo~ under thc
terms Of this Mortg:~gc.
1.16. lAens. Mortgagor shall pay and promptly di~chm'gc, at Mongagot's cost and
cxpcns[', ali liens, encumbrances and ch~gcs u~)n thc Morlgagcd l'r%~ny or any p~ thereof or
intel'eSl therein Mortgagor shall have thc right m contest in good faith thc validity of any s,,ch
lien. cllctllllbrtmce or chmgc, providvd Moflgagor shall first imsl a bond or other sect. ~ty
salisf~cm~ ~.; Mortgogee in auch amounts as Mortgagee shall reasm,~bly require, ami provided
rur~her that ~,mngagor shall therea~er diligently proceed ,r, cause such lien, cncumbr~cc er
chmgc to t~ ~cm:~vcd and discharged. If Moggagor shall fail Io discharge rely such lien,
encumbrance or charge, then, in addition lo any olher right or remedy, Mortgagee. may, but shall
hal be ubllgatcd to. discharge thc s~m, cilhcr by paying the amount claimed to bc duc, or by
procuring thc discharge of such lien by depositing in court a bond for the amount ctaimcd or
othcnvise givi~g secretly Iht such claim, ur in such rammer ~q is or may be prescribed by law.
mW amoum so paid by Ibc Mortgagee shall, at Mongagec's option, bccon~c immediately due end
payable with interest nt the 1)cfauh Rate. and shall ~ deemed pa~ oftl~e indcbtcdncs~ secured by
this Mortgage.
LaYYER'S ABSTRACT ID:9417742627 MAR 25'98 16:09 No.O14 P.11
OR: 2128 1646
1.17. Future Advances. This Mortgage is given to secure not only existing
indcbledncss, but also future advances, whether such advances are obligatory or m-~ to be made
thc option of Morlgagcc, or othcn,,A~;c, as are made within Iwcnly (20) ye~s from the date hereof,
10 the stone cxlcn( us iF such fuIurL' udvanccs ~c made on the date
Mortgage. The ~ot~l ~ount or indebtedness ~hal may ~ so sccurcd amy dccm~e to
amoun~ from 6me to tm:~, or ~y inc~ase from time Ia tim~:, bul the lolal unpaid bal~ce
secured at one time shall not exceed $20,000,000.00, plus in,crest thereon, m~d ~y
disbarments made for fl~c paymcm of taxes, levies or insurance on thc Mortgaged Pro.ny,
whh inlcr~st on such di~burscmenis at the ~cFauh Rule ~ hernia,Ret defined,
1,18, No l,imilation of Future Advance Righls, Mortl. lul;or cov~;nants and agrees
with M.:,rlgagt'.e that:
(a) Mortgagor waives and agrees not to assert any right to limit future
advances under this Morlgnge, and any such attempted limitation shall be null, void and of no
force and etTect. Any correspondence by Mortgagor regarding thc future advances must be sent
to Mo~gagce at the address scl forth above and to Mortgagee's counsel: Richard C. Grant, Esq.,
Grmxt, I"ridkin & }'carson, P.A,, 5551 Ridgcwo~d Drive, Suite 501, Naples, Florida 33963.
(b) ^n event of default under the Mortgage shall automatically exist (0 if
Morlgagor executes any instrument which puqx~rt$ to have or would }lave thc t:fl'ect of impairing
the priority t~f t~r limi%ing any future advance which might ever be made trader the Morlgage or
(ii) if Mortgagor takes, suffers, or permits any action or occurrence which would adversely affect
lhe priority of any futurt; advance which might ever be m~de under the Mortgage.
!.19, Apprai~al,~. Mortgagor covenants and agrees that Morlgagee may obtain an
appraisal of the Mortgaged Properly when required by the regulations of the Federal Reserve
ltoard or the Officer of the Comptroller of the CurTcncy or at such other times as the Mortgagee
may rcaso,mt,ly require. Such appraisals shall be perforated by an independent third pm"l'y
appraiser s;.!ectcd by thc Mortgagee. The cost of such appraisal shall be borne by the Mmtgagor.
lC requested by Morl~.,,agcc, the Motlg,qgor shall execute an engugemcnl letter addressed to the
appraiser .',clcclcd by thc Mor{gagee. Mongngor's raih~re or refu:¢al to sit:n such un engagement
lctler however shall hal impair Mortgage¢'s right to obtain such an appraisal. Mortgagor ag~.~es
to pay the cost of such appraisal within ten (10) days after receiving an invoice for s.ch
appraisal.
ARTICLE il
ASSIGNMENT OF LEASES, SUBLEASES,
I:'ICANClIISES, ;,lENTS, ISSUES AND PROFITS
2.01. Assignment of Rents, Mortgagor hereby collalc~ally assigns and trartsfcm to
Mortgagee all thc leases, subleases, fr,'mchiscs, rents, issues :md profits of' thc Mortgaged
Proix:rty, aud h~'rcby gives to and confers upon Morlgagee the riel,t, power and authority to
collect sur:h rents, is~uc; and profits a~ herein set forth. Motlgagor irrevocably appoints
10
z vzR'S RBSTRRCT ID:94!7742627 MRR 25'98 16:09 No.O14 P.12
OR: 2128 1647
Morhangcc il.~ tmc and Iaw£ul attorney-in.fact, at thc opiion
without fumhcr {c~al action ~hl~ ncccssn~, {o demand, receive m~d cai%fcc paymenL lo ~[vc
receipts, rc]ca~cs and salis[uCl[OnS. {u~d iD suc, in thc n~le of Mmlgagor or Mo~gagcc. for a"
such reals, issues and profits ;md apply thc same to thc indcbledncss securcd hereby; provid;~.
however, that Mortgagor shall havc thc right to collect such
more imm one momh i. advice) al any time there is not an event of default under mis
Mo~gagc.
2.02. Mortgage, Collection Upon Default, Upon any event of default under this
M.rtgagc, Mortgagee may. at any time without notice, cithcr in person, by agent or by a receiver
appointed by a court, sad withoul regard to th(: adequacy of any security for the indebtcdncss
thereby sccurcd, enter upon and take possession of the Morlgagcd Properly, or any part thereof,
in its own name. stic for or otherwise collect such reals, issues and prolits, including those past
duc ,,;~d unpaid, and apply the sarn¢, ]ess costs and expenses of operation and co]lectlun,
including attorneys' fees, ufx'm any i.dcbtcdncs.~ secured hereby, and in such order as Mu~gagce
may determine, The c.llcction of such rents, issues and profits, or thc enter/nd upon ,;nd taking
possession of thc Mortgaged Property, or tllc application thereof a.~ aforesaid, shall not cure or
waive any default or notice of dcl'aull hereunder or invalidate any act done in responsc to such
deli, ah or pursualll tO Such default,
2,03. Ilc~tricti.n of I:urthcr Assignmenl:~, crc. Except as hereinafter specifically
provided, Mortgagor shall not, without the prior written consent of the Mortgagee, assign the
rents, issues or profits, or any part thereof, from the Mortgaged Property or any part thereof; and
shall not consent 1o the modification, cancellation or surrender of any lease or sublea.~;¢ coveting
the Mortgaged Property, An action of Morl. gagor in violation of' the terms o£ this Section shall
be void as against Morlgagce in addition to bcMg a default under this Mortgage.
'Ibc Mortgagor shall not, without Iht consent of thc Mortgagee, consent Io thc
enncelJatiu,t ur .,,attender or, accept prepayment or rents, issues [~r profits, oilier than rent paid at
thc signi~g (,f a louse tlr sub!case, under any lease or aublcasc now or hereafter covering tile
Morlgal,,cd }'ropcr~y or any [',art thereof, m)r modify any such )case or sublease so as to shorten
thc roan, decrease thc rent, accclcratc thc lmymcnt of rent, or change Otc ten'ns of ally retlewal
option; and m~y such purIX~rled assignment, cancellation, surrender, f,rcpaymcnt or modification
made without the wriuc, consent of the Mortgagee shall be void as against he Mortgagee, Thc
Mortgagor slml}, ulx'm demand of the Mortgagee, enter into an agrccmcnl with lhe Morlg, ,.ce
with tcspcct to thc provisions contained in the preceding provision regarding any lease or
sublca..;e coveting said Morlgagcd Property or any part thereof, and thc Mortgagor hereby
appoints tile Mortgagee attorney-in-fact of thc Mortgagor to execute and deliver any sut:h
agreement on behalf of thc Mt~rlgagor and deliver wriltcn notice thereof lu thc tenant lo whose
lease su¢ll {~grccmcnt relates,
The Mollgagur aSrccs to furnish to lite Mortgagee a copy of any modification of any
lease presently in effect and topic,, uf all futl.e leases affecting the Mortgaged Property. and
fidlurc to furnish to Mortgagee a copy of any modifications of a lease or a copy of any fur.re
I~:as¢ alTccting lhe MortgaL;cd I'ropcrty. shall t~ deemed a dclhul~ under Ibis Mortgage and the
II
; a:JYER'$ ABSTRACT ID:94!7742627 MAR 23'98 16:10 No.O14 P.13
I II IIIII
OR: 1648
Nates, for which thc holder of this Mortgage may, ~t it~ optiun, declare the entire unpaid balance
of the subject Mortgage and Notes In be immediately duc ~d payable,
All leases or sublca.~es hereafter entered into by Mortgagor with respect to the Mortgagetl
Property or a,ty p,~r! tl~creof, shall be subordinate In the lien or this Morlgagc unless expressly
made superior to this Mortgage in the manner hereinafter provided, At any time or times
Morlgagee :nay execute and record in the appropriate Office of the Register or Comity Clerk
thc County where the Prem;.e~ are situated, a Notice uf Subordination reciting that Ibc lease or
leases therein described shall be superior In thc lien of this Mortgage. From and afler the
recordation of such Notice of Subordination. thc lea.~e or leases therein described shall be
superior to the lien of Otis Mortgage and shall no! be cxtingtfished by any f'orc¢losu, re
hereunder,
ARTICLE Ill
ENVIRONMENTAL CONDITION OF PREMISES
3.[11. Environmental Condition of Property. Mortgagor hereby war~ants mad
represents to Mortgagee after thorough investigation that:
(it] tl~e Premises are now and ~t all times hcrcaller sitall continue to b¢ in full
compliance with ell Federal, Slate and local environmental laws and rcgulutlons, inchsding but
not limited Io, the Cnmprchcnsive l.'.r~vironnlental Response, Compcnsalion and l.iability Acl of
1980 ((7}':RCI.A), Public Law NO. 96-510, 94 Stat. 2767, and the Superftmd Amendments and
Rcauthoriz~'~llon Act of 1986 (SARA), Public law No. 99-499, 100 Stat. 1513; and
(b) (il as of thc date hereof there a~c no haza.,'dous materials, substances,
waste or other cn¥ironmcntally regulated substances that are known to pose a hazard In the
et~viror, nen~ or to human health (including without limitation, any material.s containing asbestos,
urea fommldchydc titan insulation, transformers or other equipmenl contain polychtofi~tated
biphcn)'ls [['CWs] in amounts that exceed acceptable standard levels) locmed on, in or under the
Premises or used in conn~:ctitm therewith, or (ii) Mortgagor has fully disclosed m Mortgagee in
writing the existence, extent and nature of any such hazardous material, subslance, wm~tc or other
environmentally :cguh~[cd subslance, cannily prcscnl or which Mo~gagor is legally authori~d
and cm~wcrcd to maintain on, in or under the Premises or use in cunncction thcrcwilh, and
Mo~gngor ha~ obtained and will mailllaJn all licenses, ~rmits and approvals required ' ~lh
rcs~cl thereto, and is and will remain in full compli~ce with all of thc tc~s, cnnditions tam
requirements of such licenses, ~its and approvals, Mo~gagor fuflhcr w~anls and reprcmn'..
that it will pmmpUy noqfy Mo~gagcc of ~y chnllge in lhe enviro;lmcnta] condition of
Premises or in t}xe nature or extent of any haT.ardous malefials, subslm~ces or w~stes mainlnined
on, in or under the Premises or used in colxncclion therewith, and will transmil to Moflg~gcc
copies of arly cilat~ons, orders, I~otices or other material govenllllelllal or olllcr ct)mtnunicMioll
received with rc~pccl to ally other hae~rdous tllalerlals, substitutes, waste or other
environmentally regulated subal~cc affecting lllc Premises.
~PUYER'S ~BSTR~CT ID:941??4262Z MAR 23'98 16:11No.O14 P.!4
OR: 2128 PG: 1649
Moagagor hereby indemnities and holds harmlcss Mortgagee from and against a~y and
all damages, pcnaltics, lines, claims, suits, liabilities, costs, judgments and expenses (includ:,.,g
attorneys', consultant's or cxpert's fees) of every kind and nature incurred, suffered by or asserte,
against Mortgagcc as a dirccl or ind"rect result of:
(a) any w.cranty or representation ,nade by Mortgagor in Otis paragraph being
or bccotning false or untrue in any material respect
(b) any requirement under the law, rcgulatlon or ordinance, local, state or
federal, regarding the removal or climinafion of any h~.~dotts macrials, substances, wasle or
other ,nvimnmcntall~, regulatcd .,iubsta.nccs,
.'.longagor's obligations hereunder shall no! be limiled to any cxtcn! by thc term Of the
Noles, or to any act or occurrence prior to payment in full ~d satisfaction of the Notes which
gives rise to liability hereunder, Mortgagor% obligations shall continue, survive and remain in
full force and effect notwithslanding foreclosure or this Mortgage, where Mortgagee is the
puxhaser at thc foreclosure sale, or delivery ora deed in lieu of £orcclosure to Morlgagcc,
Mortgagor, al its expense, agrees to fumish Io Mortgagcc, as and when requested by
Mortgagee, in Moagngce's sole discretion, an cnvironmenlal rc~n prepped by a consulmm
u~ccpuablc to Mortgagce. If such rc~n states that any hn~dous substances, matcd~s or w~tc
exist tm the Mongttgcd Pro~y, Mo~gagor shall promptly ~e all action ncccssa~ Io cle~ ~c
Mortgaged t'ro~ay.
ARTICLE IV
SECURITY AGREEMENT
,1.01. Creation of Security [nleresl, Mortgagor hcrcby grants Io Moagugcc a security
i.tcrest in ally and a!l personal propcny included within the Mortgaged ?ropeny (herein thc
"l'rrson~tl Prol',cr~y") lucatcd on or at the Premises, including withoul limitatit:n any and all
property of similar ~ype or kind hereafter Ioclstcd on or at the Premises for the purposes of
securing all obligations of Morlgngor scl Forth in this Morlgage. This instrumen! is a self.
operative seem it>' agreement with respect to the al:gwe described properly, but Mortgagor agrees
to execute a,~d deliver on demand such other security agreements, financing stalcments and otb. :r
instruments as Mortgagee may request.
4,02. Warranties, Represc.tationa and Covenants of Mortgagor. Mortgagor hen:by
watt.is, rcpmscnls and covenants as follows:
(a) Except for thc .security inlercs: granted hereby, Mortgagor is, mid as to
portions of the Personal Property to be acquired after the dale hereof will be, the sole owner of
thc Personal Property. free from any ndversc lien, sccurity interest, eneumbrm~ce or adverse
claims thereon of any kind whatsoever, Mnngagor shall notify Morlgngcc of, and shall defend
the Personal Pmpc~ty against, all claim.u nnd demands o£ all persons at an'/ time claiming :lie
same of ally interest therein,
13
LAWYER'S ABSTRACT iD:91!?742627 MAR 23'98 16:11No.O14 P.15
2 28 ?G: 650
(b) Mon~,~Bor ~hall not lease, sell, convey or in any manner transfer or
encumber the Personal Property without the prior written consenl of Mortgagee.
(c) The Personal Property is not and shall not be used or brought for personal,
family or household purposes.
(d) Thc Personal Properly shall be kept on or al thc Premises md Mortgagor
shah not remove file Pe,'sonaI Propcriy from thc Premises without the prior wrktcn conscnl of
Mortgagee, except such portions or items or Pcrson~l Proper~y which ~c consumcd or worn out
in ordinary usage, all of which shaJl bc promptly replaced by Mortgagor,
(c) Morlgagur maintains a place of businvss in the State of Florida mid
Mortgagor sh~!l immediately notify Mortgagee in ~linguf ~y ch~ge in i~ place of b~incss
~ ~t forth in the ~ginning of~is Mo~gage.
(O At the request of thc Mortgagee, Mortsagor shall join Morlgagec in
exccuting one or more financing statements and renewals and amendments thereof pursuant ~o
thc Unirom~ Commercial Code of Florida in fom~ satisfactory to Morlgagee, m~d will pay the
cost of' filing ~he sar, to in all public offices wherever filing is deemed by Morlgagee to be
nccc~y t)r desirable.
(g) Ail covennnts and obligations of Mortgagor contained herein relating to
the Mortgaged Property shall be deemed to apply to the Personal Property whether or not
expressly refcrred Io herein.
(h) This Mortgage constitutes a Security Agreement ns that term is uscd in thc
Uni form Commurci~d Code of Florida.
ARTICI,E V
REMEDIES UPON DEFAULT
5,01. Evcnl~s Of Default. Any one or more of the. following sh~ll constitute a default
under this Mortgage and thc Notc,s l~ereby secured:
(a) Failure of Mortgagor to make one or more payments required by clthcr t,x
Ihc No,cs on thc duc date Ihcrcol'.
(b) Faihu'e of Morlgngor to pay the amount of any cosls, expenses or fccs
(including coul~scl fees) of the Mortgagee, v.4Ih inlercst thereon, as required by any provision of
this Mortgage,
(c) Failure to exhibit to the Morlgagce, within ten ([0) days after dem~d~
rcc..cipt ,showing payment of real estate taxes and assessments.
14
_2~YER'S RBSTR~CT !D:9417742627 MaR 25'98 16:12 No.0!4 P.i6
OR: 2128 PG: 16 1
(fl) Except as hereinbefore permitted, the actual or threatened ahcm¢'
demolition or removal of any building on the Premises withou! written consent of the Mortgagee
(c) Failure to mniutai,~ thc Improvcmenls on thc Premises as herein required,
free of any liens placed or threatened during the term hereof.
(t) Failure to comply with any requirements or ordcr or noticc of violation of
h,w or ordinance issued by any governmental department claiming juri.gdiction over the
Motlgaged Property within three (3) months from the iisuance thereof, or before any such
violation becomes a lien against the Mortgaged Property, whichever first occurs.
(g) Failure of Morlgagor or others to comply with or perform any mhcr
warranty, covenant or agreement contained herein, i,~ either of the Notes, in the Construction
l.oan Agreement, if any, Commitment l.elter or in any other document executed by Mortgagor in
conjunction with this tram, action, of even date herewith.
(h) Any breach of any covenant or warranty or material untruth of any
represemntion c!' Mnngagor conmlncd in this Mortgage, or either of the Notes or any guaranty
cxccmcd m conjunction herewith.
(,i) Thc in.~tdution of any bankruptcy, rCorganiz, atlon or insoh'cncy
proceedings 'agains~ the fl~cn owner or Modgago[ in posse,:sion of the Mortgaged Propcmy, or
any guarantor or obligor under file Notes, or the apl)ointment o£ a receiver or a similar official
with respect to all or a subslantial pan of the properties of the then owa~er or Mortgagor in
possession of the M(mgagcd Property and a failure to have such proceedings dismissed or such
appointment vacated within a period of forty-five (45) days.
(j) 'it~e i,~stimfion of' any voluntary bankruptcy, reorgtmization or insolvency
proceedings by thc then owner or Mortgagor in possession of thc Mortgaged Properly, or any
guar,nmr, or any obligo~ under the No, es ur the appointment of' a receiver or a similar official
wifl~ respect ~o all or a substantial pan of the properties of the then oumer or Mortgagor in
possession of the Mortgaged Properly at thc instance of the lhen owner or Mortgagor in
possessitm of the Motxgaged Property.
(k) The assertion or making of any levy, seizure, forfeiture ncdon, ,nechanic'~,
or materiahnan's lien or attachmcnl on the Mortgaged Property or any part thereof'.
(I) I[ default shall occur in any loan now or hcrcalter in existence between
Morlgagce and Mortg:~gor or any mortgagor which the Morlgngor or any guarantor or obligor
under thc Notes has any interest whatsoever.
(m) The occurrc{:cc of any Event of Default under eithcr of the No!cs, or any
loan agrccmcnt or gu.aramy, whether or rml such cvcnt is sFx:cilically .~t4 fonh herein.
15
Lq~YER'S ABSTRACT iD:9~!77~2627 MAR 25'98 16:15 No.OI~ P.I?
OR: 2128 PG: 1652
5.02, Dcf-uit Rate. The Default Rate shall be the highest rate allowable by law at
time of default, provided, however that at no time shall any interest or charges in the natuxc or
intercst bc takers, exacted, received or collected which would exceed the maximum rate permittea
by law.
5,03. Acceleration Upon Deflult, Addifion,q Rcmedlc$. [n the evcnt that one or
marc default.~ ~-'~ above provided shall tx;cu', the remedies available to Mortgager: shall include,
but not necessarily be limited to, any one or more of the following:
(a) Mortgagee shall declare thc entire unpaid balance of both of the Notes
immediately due and payable without notice, and Mortgagee may avail itself of any and all rights
and rer,:edies under applicable law and Ibis Mortgage may be foreclosed and Mortgagor shall pay
all costs, charge.'; and expenses thcrcof including reasonuble atlomeys' fees.
(b) Mortgagee may to. kc immediate possession of the Mortgaged Property or
any p~zt tlicrcof (which Mortgagor agrees to surrender to Mortgagee) and manage, control or
lea_~c thc same to such person or persons and at such rental as it may deem proper and collect all
rents, issties ~md profits, therefore, including thosc past duc as wcl[ as those thereafter accruing,
with the right in thc Morlgagcc to cancel any Ica.sc or sublease for rmy cause which would cntlt]e
Mortgagor to cancel thc same; to make such expenditures for maintenance, repairs and costs of
operation as it tony deem advisable; and after deducting the costs thereof and a commission of
five (5%) perccnt upon thc gross amount of rents collected, to apply thc residue to thc paymcnt
of any sums which arc unpaid hereunder or under the Notes. Thc taking of possession under this
paragraph shall not pre. veal concurrent or later proccedings for thc foreclosure sale of the
Murlgngcd Prell<ely as provided elsewhere herein.
(c) Mortgagee may apply to any court of competent jurisdiction for thc
aplx)intmcnt of a receiver or similar official lo manage and operate thc Mortgaged Property, or
any [)art fl~¢rcof, and to apply thc nel rents and profits therefrom to the pas'mcat of thc interest
and/or principal of said Notes ami/or any off,ct nbligations of Mortgagor Io Mortgagcc
hereunder. In event of such application, Mortgagor agrees to consent to the appointment of such
receiver or similar oflicial, trod agrccs that such receiver or similar official may be appointed
wilhold notice lO Mortgagnr, xvithuul regard to thc adequacy of any security for the debts end
without regazd to thc solvency of Mortgagor or any other person, firm or corporation wh~ or
which may be liable for thc payment of the Notes or an)' other obligalion of Mortgagor
hereunder.
(d) Without declaring thc entire unpaid principal hals. ncc due, the Mortgagcc
may' forcclo.~¢ only as to the sum p~l due, without inju~ to this Me,gage t)r the displacement
impatient of iht remainder of the lien thereof, and al such forcclnsurc sate the prope~y shall
sold subject to all remaining items of indebtedness: and MoHgngee may again foreclose, in
mmc m~ncr, as often as there may be ~y sum past due.
16
sAWYER'S ABSTRACT ID:94!7742627 MAR 23'98 16:13 No.O14 P.!8
01t: 2128 1653
5.04. Additional Provisions. Mortgagor expressly agrees, on behalf of itself, ils
successors ,'md a.~signs and any ~u~ o~cr of thc Mo~gagcd Prop~y, or ~y p~ thc~of ~,
interest thcrcln, ~s follows:
(a) Ail rcmcdies available lo Mortgagee with respect to this Mortgage shall be
cumulative anti may be pursued concurrently or succcssively. No delay by Morlgagcc in
exercising any such remedy shall operate as a waiver thereof or prccludc the cxcrclsc thereof
during thc continuance of tha! or any subsequent default.
(b) ]'he obtaining of a judgment or decree on either of the Notes, whether in'
thc State of Florida or elsewhere, shall not in any manner affect thc lien of this Mortgage upon
the M,~,,tgagcd }'ropcrly covcrcd hcreby, and any judgment or dccrec so oblaincd shall be secured
to Ibc .~nc extent as said Notes nrc now secured.
(c) In thc event of any £orcclosur¢ sale hereunder, all net proceeds shall bc
available for applicalion to the indcbtedncss hereby sccured whether or not such proceeds may
excced thc valu~ of the Moagaged Property for unpaid taxcs, liens assessments and any olher
costs rclaling to 1ho Mortgaged Property,
id) The only limitation upon the foregoing agrccmcnts as to the exercise of
Mongagcc's rcmcdlcs is dmt thcrc shall bc but one full and complete satisfaction of the
indebtedness sccured hereby.
(e) Thc Mortgagor shall duly, promptly and fully perform cach and cvery term
anti provision of any Construction or othcr Loan Agreement which has been executed and
delivered by thc panics hereto simultaneously with the exccution and delivery hereof, the terms
of'Milch Construction or other Loan Agrccmcn! art: incorporated herein by reference. Thc lien
of this Mortgage ~,ccurcs thc payment of all sums payable to Mortgagee and the pcrformancc of
all covenants and agrccmenls of Morlgagor under the temps of any Construction or other I.onn
Agreement.
5.05. Rt'medics Nol Exclusive, Mortgagee shall be cntitlcd to enforce payment avd
pcrformtmcc of ,'my indebtedness or obligations secured hercby and lo exercise ali dghls ~ !
powers under this Mortgage or thc Notes or under any other ~,greemcnl or any laws now or
hereafter in force, notwilhstaJ~ding some or all of the said indebtedness and obligations secured
hereby amy now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge,
lien, assignmenl or othe~'ise. Neither the acccptm~ce or thls Morlgage nor its enforcement shall
prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security
now or hereafter held by Mortgagee, il being agreed that Mortgagee shall be entitled to enforce
this Mortgage and any other .'qecurity m)w or hereafter held by Mortgagee in such order and
,'nannc~ ns Mortgagee may in its absolute discretion determine. No rcn,edy herein confcrrcd
upon or rcse,'vcd to Mortgagee is intended to be exclusive of any ofl~cr remedy hervin or by law
provided (ir lwrmilted, but each shall bc cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at }aw or in equity or by statute. Every
powcr of remedy g~vcn 1o Mortgagee or lo which it may be otherwise cnlitlcd, may be exercised,
17
LAWYER'S PBSTRACT ID:9417742627 MAR 23'98 16:14 No.O14 P.!9
OR: 2128 PG: 1654
~,~neu~cntly t)r zndepc~dendy, [rom time re} time ond as oriel1 as may be deemed expcdicn$ hv
Mnngat, cc ,~d ~t may p~rst~c i~consiste~t remedies,
ARTICLE Vi
~1 ISCI';LLANEOIJS
6.01. Corporate Existence. So long as the Morlgaged ?ropcrly shall bc ~,wncd or kid
by a corl',oratio~, stroh corporation .shall al all times mainlai~t its corporate existence ~d shall ~
I~lly autbrizcd to do business in thc State t~l' I:lodda and shall maintain in Iht Slate of Florida a
dui)' au~horizx'd registered agelll for the scmice of process. Fail,Ire Io comply wilh such
obligalio~s shall ~ a dcfauh under Ibis Mortgage. Within nb:ty (90) days after the cxpiralion
of ~he ~:.,~c lbr filing i~s ~m~t~al reign and the paymenl of the appropriate co.rate t~es in the
Start .,f Florida. Mnrlgagor will romish in Mt~agagee a certificate of genii sl[tndi~lg or olher
cvidc,~cc ~idisfltclory to Morlgagce lo show complimlce wilh Ibc provisions uffthis Section.
6.1)2, .~hll~.'tlll:l'lt.',~ hy M~rtgag,~r. M~rlgagor, wilhin three (3) tt~ys lifter rcgcs~ in
g~rso=~ or xvithi~ ten (10) days after rcq~iest by mail, will furnish to Mongi~8cc or ~y person,
fim~ t)r c<~)r3tio~ dcsignalcd by Moflgagcc, a duly ack~sowlcdgcd ~tittcn statement scltlng
fo~h II,e ~;~t,~l~ ~,f thc dct,t scct~cd t,y d~is Mortgage, and sl~ling c~lhcr that no offsets of
dclcnsc~ cxis~ ag~tinst such dcbl. or. il' such oll~uts or dclbnscs arc ;~llcgcd lo cxisl, full
i~forn~a~o~ -'ith respect ~o such alleged offscls and/or defenses.
6.t)3. .%ucce,,ssor.n and Annignn. The pr~visit~ns hereof sh;~ll be blinding u~n and shall
ira,re to It,c bc~cfit of thc Mortgagor, i~s st~cccs~rs and assigns, including without limitation
sut~seqt~et~t owncn t~f thc l'rcmises or tl~e leasehold eslate of the ['~mises or m~y 1~ d~ereof;
shall ~. binding u~n and sbll inarc to the ~ncfit of Mortgagee, it~ successors ~d mggig~s ~d
~t~y t'ul~rc h~ldcr ~1' thc Notes. ~;~tl a,~y successors or assigns u~ any [ulurc holder of Ibc Notes,
In ~hc cvcnt the ow~ership of the Mon~agcd Pro.ny or any leasehold cstale lhal may bc
covered t? this MortguF, becomes vested in a person other tlsan Moggagor, Mortgagee may,
bLcrcsx r~ttc ¢tt~t~r ~ltcr (st extend thc Lomas or F, ymcnts of Ibc in~tn~mcnt and the Notes in thc
s~m~c maz~ner ;t~ wid~ thc Mong~gt~r, anal ~a)' alter thc interest rate ancVor allot or extend the
tc~s ~' Fsymcnt ~ the Nolc~ withoul notice to M~,flg~g~r hereunder or under Ibc Notes ~cr ' ~y
secured ~ ~hc lic~ ~r prbrity of thi~ M~gaF with re~c'. I~ tss~y parl o~' the Mortgaged
I'ro~ny cox, trod herd~y, but nothing herci~ contained shntl serve to relieve Mortgagor of an)
liability ~der d~c Notes or Ibis Mortgage (or nny olhcr ngrecmc~l execrated in conjunclbn
[herewith) unless Nlongngcc sh~sll expressly release Mo~gagor in wiling, M~ngagor and any
ltat~sfcrce or a~sig~cc shall be joi~tly a~d severally liable for nny doc~mc~atio~ or i~:tangible
t~xe~ imposed ~ a rcsL~lt ot'a~y tr;tJ~fer or ass~]mplinn,
6.04. N~dicc'~ Alt nolicc.s, d:maa~ds [u~d rcqucsls givcsl hy either p'arty hc~'cto Io the
certified ~ail, ~age Fcpai(l, addressed ~o lh~ Mortgagor at ~l~e address as
_sWYER'S ABSTRACT ID:9417742627 MAR 23'98 16:15 No.O14 P.20
OR: 2128 PG: 1655
from time to time dc,4gnatc by written notice to thc Mortgagee, given as herein rcquircd. All
notices, dcma.nds and requests by thc Mo~gagor to thc Moag~gcc shall bc dccmcd to have ~c~
pro~rly gives if scat by United States rcgi~lcrcd or codified mail. pos~gc prepaid, addrcs~d
thc Mo~gagcc, or to such t,thcr address as thc Mo~gagcc may flora limc to time dcsignatc by
~iucn notice lo thy Mo~gagor, given as herein requital. Noliccs. demands ~d requests given
in thc m~ncr aforesaid shall ~ dccmcd sufficiently se~ed or given for alt pu~ses hereunder
thc time such notice, demm~d or rcqucs[ ~hall ~ deistical in ~y posl office of branch
office mgutarly maintained by thc United States Governmenl.
The Morlg:~gor shall &liver to the Mo,lgagee. promptly upon receipt of s~e, copies of
all notices, ccnificalcs, documents and instruments received by }t which materially affect any
part or :lie Mortgaged l'mpcrly covered hereby, including, without limitation, notices from any
Icss._ or sublcsscc claiming that Ibc Mortgagor is in default under any temps of troy lease or
sublease.
6.05. Modifications in Writing. This Morlgagc may not be changcd, terminated or
modified orally 3r in any othcr manner than by an instrument in writing signed by the party
against whom enforcement is sought.
6.06. Captiom,. The caplions or headings at the beginning ofcach Section hc~'cofarc
for the convcnicncc of the parties and arc not a p,~rt of thi,, Mortgage.
6.07. Invalidity of Certain Provlsion~, If the lien of thi~ Mortgage is invalid or
unenforceable as to a:~y parl of the debt, or if the lien is invalid or unenforceable as to any p~t of
the Mortgaged Properly, the unsecured portion of the debt shall be completely paid prior to the
payments of thc secured porlion Of thc debt, and nil payments made on the debt, whether
voluntarily or mhcrwisc, shall be considered to have becn first paid on and applied Io Ihe full
payment of that l. mrtion of t}~e debt which is not secured or fully secured by thc lien of this
Mm~gagc
6,08, No Merger. If both the Icssot's and Icsscc's estates under uny lease or m~y portion
therc,r which conslitutcs a pan of the Mortgaged Property shall al ,any time become vested in
one owner, d~is Modgagc and the lien created hereby shall not be destroyed or tom',hated by
applicatio, of the doctrine of merger and, in such event, Mortgagee shall continue to have md
enjoy all ofthe rights :md privileges of Mortgagee a.,; to the aeFarate c~tates. In addition, upo, thc
foreclosure of the lien created by this Mortgage on the Mortgaged Property pursuant to tee
provisions hereof, any lca.~cs or subleases then existing and created by Mortgagor shall not be
destroyed or tcm~inalcd by application of thc law of merger or ~-q a result of such foreclosure sale
unless Morlg.',gcc shall so elect. No act by or on behalf of Mortgagee t)r mty such purcha.qcr shal!
consti!ule a lcrminatitm of any lease or sublc&';e unless Mortgagee or such purchaser shall gt',c
written notice thereof:o such tenant or subtenant.
6.09. Governing Law and Con~.truction of Clauses, This Mortgage shall be governed
and ctmslmcd by thc la,,,.'.'; of the State of Florida, No act of thc Mo~gagee shall [~ construed ~
an election lo proceed under any tree provision of the Mo~gage or of ~he applicable s;..'.alcs of
19
_a~YE~'S RBSTR~CT ID:9417742627 MAR 23'98 16:15 No.Ot4 P.21
the State of Florida to Ihe exclusion of ~ny other such provision, anything herein or othcrwise to
the col~raO, noTwilhstandjr~g.
6.10. Tr-nsl'er. In thc even! all or any pa~t of the proper17 encumbered by this
Mortgage, or any in:ores! there[n, is sold, conveyed, encumbered or otherwisc tnms£errcd by the
Mortgagor, v~thout Mortgagee's prior whiten con,cat, or, if Mortgagor is a paztnership, any
genere] partner of ~ortgagor ceases to be a genera] pa~rtner, or J£ Mortgagor is a corporation:
(i) ~y ~Mrcholdcr of Mortgagor owning directly or indirectly 10% or moa:
of the issued ~d outstanding stock of Mortgagor as of the date hereof lransfcrs, during the term
of thi~ Mortgage, any of such Stock, or
(ii) any addilional slock of Morlgagor is issued after Ibc ~le hereof,
then, ~d in the event agty of' thc foregoing events acc:a, Mortgagee may, in it~ ~le diacrelion:
(I) require a modification of the terms of the loan or loans .~'cu.,'ed hereby (including without
limitation those related to the rate of interest and terms or schedule or repayment) in a manner
satisfactory to Mortgagee. and may charge ~ 'assumption fee" or similar fee in consideration of
such modification or approval, or (2) accelerate th{: indebtedness secur, d hereby and dccI0.re the
lhen oulslanding }mlance secured h,mby, with all accrued interest to bc immediately due and
p}~yablc.
6.11. Booka and R~ords. Mortgagor sh~ll fumirh annually to Mortgagee comple'.e,
true and accucate books of accounts and records reflecting the results of the operation of the
Mortgaged Properly. Mortgagor shall ~lao furnish to Mortgagee within ninety (90) days after the
end of each fiscal year of Mortgagor a balance sheet and a statement of income and expenses,
both in rcasoaabk dc:ail, prepared in a format ae.~ptable to the Mortgagee, and if any of the
Mortgaged Property ix rented or leased, a r~nt schedule ora Mortgaged Property, certified b)' an
accounting officer of Mortgagor, showing the name of each tcnnnt and thc space occupied, the
lease expiration dale and ll:e rent paid.
6.12. Fiu,nci;~l St~tement~. Fur so long as ~y balance(s) remain ua:paid on the Nolcs,
thc Mortgagor s}all nt all times comply with thc following unless the Mortgagee shall otherwise
cmu~¢nt in writing;
Morlgagor shall keep books and records reflecting its/their financial condition(a)
including, but not limited to, the operation of the Proj~t in accordance with
generally accepled accounting principle~ coasi,:tently appliod. Mortgagee shall
have the right, from lime to time at all times during normal business hours, to
exaJ'ninc such books, records and nccount$ at the offices of the Mortgagor er olher
personal entity ma. inlaining such books, records ~nd accounts and to make such
copies or extaacts thereof as thc Mortgagee shall desire.
During the term of the lomb thc Mortgagor (including all Co-Mortgagors, if
applicable) must furnish or cause to be furnished to the Mortgagee within 90 days
20
LAWYER'S ABSTRACT 13:94!7742627 MAR 23'98 16:16 No.O14 P.22
OR: 2128 Pt,: 1657
oF thc close of its./fi~cir fiscal years, its/Ihcir current signed financial statements
(,'umua) bal~,~ce sheet m~d a profiffloss statement) of each Mortgagor which m', .l
~ "l~rcscntcd To" First Union National B~k of Florida. All Mortgagors sha?
also annually furnish Iv Mo~gagce: (i) ~ual U.S. Income 'I'~ Returns, (ii) a
statement disclosing all conlit~gem liabilities, ~d (iii) such imerim statements ~
may reasonably ~ required by Mortgagee, fiom lime to time.
During thc term uf the loan, thc guarantors must fimlish or ca,se to be furnished
to the Mortgagee within 90 days of the close of their fiscal ycar.,~, current signed
financial statements (annual balance sheet and a profiffloss statemenl) for each
guaramor which must be ."Presented To" First Union National Bank of Florida..
All guarantors shall also annually furnish to Mo~lgagec: (i) annual U.S. Income
Tax Rewrns, (ii) a stalemenl disclosing all contingent liabilities, and (iii) such
inlcrirn sla~t:mrnts as rosy reasonably bc tcqulrcd by Mortgagee, from time to
time.
l).
If the Project consists of income-producing properly, Mortgagor, at ils cosl and
expense, sh~dl annually fim~ish to Mortgagee an ira:omc and expense slatcmcnt of
the opera,ion of thc Project w~hin 90 days after tile close ofOie Mongagor's fiscal
year. Each statement shall show thc total minimum ~nnual rent, percentage rents,
total income received from each tcnanl, total gross receipts flora operations mid
tcmd expenses in detail salisfaclory lo thc Mortgagee, Mortgagor shall also
furnish such interim statements to the Mortgagee as m~y be required, from time to
lime,
If th~: I'rojcct ~onsists of income, producing property, Mortgagor shall furnish to
the Mortgagee curr~nt signed rent mils or lease digesls prior to the closing of ~he
loan and annually thereafter, no later than 90 days after ~he el,se or Mortgagor's
fiscal year, certified to bc ct~rrcct by thc Mortgagor. ltl addilion, Mortgagor shall
fismish Io thc Mortgagee, as Mong~gcc m~y rcqucsl, true and complete copit:s of
all leases, exlcnsions an~ur modificalions for thc Projccl.
Mortgagor and guarantors (if rely) shall advise Mortgagee of their respective fisctd
year.cad dales and shall notify Mortgagee, in wriling, of any change in such
year.end dntcs,
6.13, Olhcr lndebledne.,s~ Secured. 'Ibis Morlgage is also given as security for
and all olher sums, indebtedness, obligations mid liabilities of any and cvc~ kind now or
her:after d:,ing thc ~cnn hereof owing nnd Io become duc from Moagugor to Mo~gug~.c,
~owcvcr crca~cd, incurred, evidenced, acqui~d or ~ising, whctLcr under thc Nines or :his
Mmlgagc, or any other inslrumcnL obligalion, con,mci, agreement or dc~fiing of m~y m~d ever)'
kiml now or hcrcallcr cxisfinB or cmcrcd inlo ~'twccn Mo~gagor and Mo~gagec, or othc~ise,
as amended, modified or supplemented from time to time, and whether direct, indirect, prim~,
scconda~, fixed or co,fingcnt, and ~my and all renewals, modifications or CXlCllSJOIlS Of any or
att of the Foregoing.
21
L~WYER'S ABSTRACT !D:9417742627 MgR 25'98 16:17 No.O14 P,25
OR: 2 28 1658
6.14, Construction Loan Agreement. Thc loan evidenced by Note I is available to be
advanced lo pay for development and other costs incurred by Mortgagor. It will be
pursuant to a Development and Revolving Construction Loan Agreement between Mortgag~
mid Morlgngee of even dale herewith (the "I.oan Agreement"), The lom~ evidenced by Note 2 is
n revolving conslruction loan which Mortgagee has agreed to snake to Mortgagor pursuant to thc
I,oan Agreement. The proceeds of the loans evidenced by Note I mid Note 2 will be advmmed in
accord with thc tOtalS thereof as the con.~truction of' thc Improvements ~o bc made pmgre~.~e.~.
'l'hc amount s~ advanced m~der ~he Imm evidenced by Nolo 2 may be repaid and rcadva~ced and
may cxuccd thc cumulnllvc sum of FOUR MILLION AND NO/100 DOLLARS ($4,000,000.00),
but Ihe aggregate principal baffmce outstandir~g under Note 2 secured hereby shall not exceed the
sum of FOUR MII,I,ION AND N(.;/!O0 i)()I,I,ARS ($4,000,000.00) at any one point in tim~.
Secondary Financing. Mortgagor shall nol obtain secondary financing.
6.16, Rrlea.,sen ofCon,!nminium Unil~ and Other Properly, Mortgagee may r~leasc
condominium units constructed un the Premises and other propc~y, frmn thc lien of this
Mortgage in accordance ~i~h tl~e terms set forth in lhe Lo,'m Agreement.
6.17. Re,serve Account. Mortgagor shall establish and maintain a reserve account '~ith
~hc Mortgagee in accordance whh Ihe terms and pmvi.~ionn set forth in thc l.oan Agreement.
6.18. Additional l'ruvisiona. Sec attached Addendum,
IN WITNESS WllEREOF, Mortgagor has hercunto set hand and seal all done as of thc
day and ycax first hereinbefore w'rillcn.
Signed, scaled and delivered in the
presence
/',,~tca Nam, of W, tne,.~ ~'1 ............
.! /) k J
Prmtcd Name o/
NTC DEVEI,OPMENT, LTD.,
a Florida limited panncrship
By: SW FLORIDA PARTNERS,
a Florida general partnership, its sole
general panner with full authority ~o
Robert r,;. Claussen, as Managing
General Panner with Full authority
to act on ils behalf
22
=AWYER'S ABSTRACT ID:9417742627 MAR 23'98 16:17 No.O14 P.2~
OR: 2 28 PG: 659
STATE OF FLORIDA )
COUNTY OF COLLIER )
I l lEREBY CERTIFY that thc foregoing instrument was acknowledged before me this
.J~¥day of ~ I'I.I_L~(', 1995, by Robert G. Claussen, as Managing General Partner of
SW Florida Panners, a Florida general parmershlp, which is the .sole general partner or NTC
Development. Ltd., a Florida limited partnership, on behalf'of the partnership, who is personally
known Io mc ~ (no) or who produced as
identification.
N~tary Public ': ?~ate 0f Florida
Ptlnte~,~,~d N~tt Of ~otary
My Commission Expires:
23
u.,,JYER S ~BSTRACT ID:94~?742627 MAR 23 98 16:18 No.O14 P.25
"ADDENDUM"
OR: 2128 1660
,W ',/xl.Y.F. ll~'~.,[~. MORTGAGOR HEREBY KNOWINGI,Y, VOLI. INTARIL'_
AND INTENTIONAI.I.y WAIVES ANY RI(HIT IT MAY IIAVE TO A TRIAL BY JURY 1N
RESPECT OI; ANY [.ITIGATION BASED ON TIIIS MORTGAGE, OR ARISING OUT OF.
UNDER OR IN CONNECTION WITH Tills MORTGAGE OR ANY AGREEMENT
{'.ONTEMPI.ATED TO BE EXECUTED IN CONNECTION WITI! TI'tIS MORTGAGE, OR
ANY COURSI! (IF CONDLICT, COURSE OF DEALING, STA'I'I,'.MENTS (WilETHER
VF. RItAL OR WRII'I'F.N) OR ACTIONS OF ANY P^RTY WITiI RESPECT iIERETO. Tills
PROVISION IS A MATERIAL INDUCEMENT FOR THE MORTGAGEE'S ACCI':PTING
THIS MOR'I'GAGE FROM MORTGAGOR.
Sig. '::, scaled and deliw'rcd in thc'
presence
Printed Name ~W~lnc~ ~1
Printed Name t~ W~ln('l~ ~2
MO.R~A G O R:
NTC DEVELOPMENT, LTD.,
a Florida limited partncr.~hip
By: SW FLORIDA PARTNERS,
a Florida general par'mership, its sole
general panner with full aulhority to
acl on its behalf
General Panner with full authority
m acl on its behalf
STATF. OF I"I.ORII)A )
C()UNFY OF COI.[.1ER )
I ItI"RI,'.BY CERTIFY that thc foregoing in.'qrument wa, acknowledged bcfi~rc me this
['.DJ day of-[.~Z.!'~.~_[~ 1995, by Robe, G, Claussen, as Managi,,g General ]'mne, of
SW Florida Pamncrs. a Florida general pa.ncrship, which is ~he sole general p~ner o~I, rc
Dcvclopmem, l.ld, a Florida limilcd pamaership, on ~halfof~u pamnership, who is ~rsonaH;'
known to me J~s((no) or who produced ~
identification. ' '
/7~'~ ~ / 'f ~ ' c ',
No,~ry P~lic -,'StYe .o[ Florida
Ptlntct~)~d Name of Notu~
My Commission Expires:
24
. ,.,,.,. ......... , ........ I ....I
=AWYER'S ABSTRACT ID:9417742627 MAR 23'98 16:18 No.O14 P.26
OR: 2128 PG: 1661
EXHIBIT A - LEGAL DESCRIPTION
All that part of th9 west 1/2 of Section 19, Township 48 South,
Range 26 East, Collier County, Florida being more particularly
doscribed as follows:
BEG)NNING at the southwest corner of eeid Se~tion 19; ther,¢e
~ong the vest line Of said Section 19, North 1'-07'-34" West
'.00.00 feet to the north line of an easement for drainage
purposes as described in Deed Book 44 at page ?8, Collier County
Public Records, Collier County, Florida said point also being
tho ~outhwost corner of that parcel am described in O. R. ~ook
Collier county Public Records, Collier County, Florida;
thence along the boundary of that lend as described in sai~ O.a.
Book 767, pages 1508 and 1~09 and O.R. Poo~ 768, pages SSs and
829, Collier County Public Records, Collier county, Florida the
following de~cribed nine C9) courses;
North 89'-09'-48" East 50.00 feet;
North 1~-07'-34' west 549.50 feet;
3 NOrth B8'-52'-2~" East 30.00 feet;
4 North ~'-07'-34" West 2017,43 feet;
S North 0'~58'-48" West $a2.$4 feet;
6 North 8g'-01'-12H EaSt 360.00 feet;
7 North O'-5~'-qs' ~ost 800.00 feet;
B south Bg'-01'-12" Wast ~00.00 feet;
9 North O'-5B'-40' West 1250.00 feet to a point on the north
1 ne of said Section 19, ~hich lies North ~9'-20'-0B" East 40.00
feet from the northwest corner of said ~oction 19;
thence along the north line of said section 19, North Bg'-'20'0B
East 259~.2~ ~eot to the North 1/% corner of ~etd Section
thence along tho north and south 1/~ section l~ne of sai0
Section 19 South I°-OB'-21' £a~t 1716.0S
then¢~ leaving ~aid line, South B9°-09'-48'' West 750.00 feet~
thonco South l'-O0'-Sl' Best 3605.71 foot to the south li~e of
said Section 19 end the eouth line of that drainage easeme
described in said Deed Book 44, page 78;
thence ~long said line, South 89'-09'-48" West 1890.~ feet
the southwest corner of seiJ Section 19 and the Point of
~eginning of the parcel herein described;
L~¥'ER'S ABSTRACT ID:9~17742627 MAR 25'98 16:19 No.O14 P.27
2.150463 OR: 2285 ?G: 1534
UeOI$1D ~.~ OI';I¢IA~ UCO~$ o! ~I, LZlZ COI~IfL
XAF'LIS' ;I, 34203
Mor)iFIC'ATION OF MOR"rG~(;I;: ^NJ) ~ECI.]RIT¥ AGREF. MF. NT A~I)
AS~iGNMI':NT OF LEASES, RENTS AND PROFITS
AND
NOTICE OF FUTURE ADVANCE
Irr-.0oZ ZT00.0D
1'I :iS MODIFICATION OF MORTGAGE is made this J..~_N3__ day nf ~.~...~...
1997. L., and between NI'(' I)F:VEI.OPMI~NT. L'ID., a Florida limiled patlnership. {"N'I(.Y')
whom address is 2450 Piper Boulevard, Naples, Florida 341 i0, ',"Morlgugor'). arid I"lR.',;l'
UNION NA'I'I()NAI. [tANK ()1" I"I,()RII)A. it national banking association, 5801 Pelican Bay
lloulevard, Naples, Florida .'t4108 {"Morlgagee"L
R E C: I T ^ L S:
A. Mortgagor granlcd tu Mortgagee a Mortgage and Security Agrccmcnt and
Amignmcn( of l.cases, Rents and ~'rofits dated December 1.3. 1995, (thc "Mortgage") which
encumbers thc real property described in thc Mortgage ("Properly") which Mortgage s~as
re'corded ut ()fl'~cial Records Book 2128, Page 1637. of the Public Records of Ctlllicr Counly.
Florida; and
B. Ibc M()rtgagc urigin~lly secured a promissory nolo in Ihe original principal
amount of SliVI£N MIl.LION ONE }ItlNDRI!D 'I'IIOIJSANI) AND N()/IOO D(,)i.I.ARh
($7,1OO,0OU.0()) ("Note I") and a revolving promissory note in thc lace amount
MII.I.ION AND NO/lO0 DOLl.ARS {$4,000,000.00) {"Note I1"). both issued by M:mgaLmr in
favor of Morlgagec (Jr even (late with the Morlgage; and
C. Mortgagor has requested and Mortgagee has agreed lo mttkc nnothcr loan lo
Memgagor in lhc amount .~' ONI,: MII.I.I()N T}IREE IIUNI)I{L"D HF"rY 'I'IIOUSAND
D()I.I.ARS AND NO/100 ($1,350,000.00) {o bc secured by the Mortgage. as m(xlified hereby.
Such othcr Iuun is evidenced by a [ :'omissory Note, the face atm)unt (if which is ~1.350.000.00
executed by Mo~gagor in tavor t~l' Mortgagee ol'cven date herewith ("New Note"); and
ti. Note I has been renewed by a Renewal I)roniis5ury Nulc itt !he al?lOtUlt
$6.852.758.75 of even dale herewith {"Renewal Note") issued by Morlgagor ir, [,~,o,' of
Morlgagcc. Thc principal balance outstanding under the Note 1. a.s renewed is $5.305.617.46.
'lhe undisburscd lm)~.~ti[lt tmde~ Note }, as Icnewed is $1.547,t41.29. 'Ibc fact. amount uf
Renewal Nole is equal Io t~e inlal of st,ch amounts. $6,852,758.75. The Renewal Nme and ~lle
['KX;UMENTARY STAMP TAXEG IN TH£ AMOUNT OF $30,850.{)O AND INTANGIBLE TAXES IN THE AJm~ JNT
WI'RE PAID AT THE TIME OF RECORDATION OF THE MORTGAGE AT OFFICIAL RECORD-q, BOOK 2'12'8. PAGe_ 163,7,
THE PUBLIC RECORD~ OF COLL1ER COUN1Y. FLORIDA. tX)CUM~NTAJ1y SI'AMP AND INTAN4~IER.E TA~E~, IN R~.SPECT
TO THE NE1N NOTE W'~LL BE PA1D UPON T}(Z HECORDA?ION
L~¥ER'S RBSTRACT
ID:9417742627
MRR 23'98
16:20 No.Oi4 P.28
OR: 2285 PG: 1535
N¢~ Nme ha'~e tX:Ch consolidated b) f.'onsolidatcd Renewal Pmmis.,~oO- Note ~)I' c~en dale
hc~'~vith. ~,hiuh m~c is in Itlc OfiL~inal l~rincipal amuunl of $g,2(12,75875 ("('on~,lidalcd Nolo")
and lu~ t~'en ~ssucd by Mortgagor in favor of Monsanto; and
I!. 'Ihc p,anics wish lo mc~lil~' thc Mortgage to r~l']ccl that Ibc Nc~ ~otc and Ibc
Uon~4idalcd Nolo sh`all ~' *ccured hy Ibc Mongaac. In addition. Iht ~i~ ~visb h~ COllfirnl
d~al the sccurily intcrcsl in ~nal pro.ny and I~e assignment of Icn~s. r,:nt~ ~nd profils
crc,lcd b) Ihe MurlunUc cofltlnuc~ with rcs~cl lo thc I~r~mnl prol~ny and Ic~s. rcnls and
profits rc.~cting Iht Pro~'~) dc~'d~d in ~hc Mt~ngagc. Thc ~ics have cnlc~-d into Ih;s
agrccmc;,., lo c~ idcncc their u,derstanding.
NIY, A'. 'I'IiI~.RI:.I:()RI~. fi~r L~X~d and valuable consideration, receipt ~t' ~hich i~ hcreb)
ackno~, Cdk,.cd. the parlics hercb) agree as I't~llox~.s:
'1 hc air,ye rceitah4 are IrUc and correct.
2. Thc Mt~rtgagc, as he,ct,) m~vdificd, secures thc CtmSulldutcd Nolo and thc New
No~c (collecuvcly r¢lk-rrcd lO as the "Notcs"L A dcfauh under either ol'thc Notes sh~dl ctm.stitutc
a dcFauh under the Murlgage as hcrcl,v m~xtificd. Any reference to Note or Notes in Iht
Mortgage shall app]) to thc Nolcs.
3. 'Ibc malurity dates of thc New Nole and Ibc Consolidnlcd Note arc I)cccmbcr 13.
The principal balance outstanding under the New Note is $1.35(1.O00.00. Thc principal
balance oulsl,anding I¢,gcthcr with undisburscd amuunts under thc ('~m~;olidatcd Nme
$Ig.202.758.75.
.1. Notice is hcrcb.~ given Ih,al pu, rsuar~l to paragr,aph 1.17 of thc Mungagc. ~hc
pr(~.'ccd.,, t,! linc Ncx~ N(,tc. ilhcll advanccd. ~ill collsliltllc a fuliil'C adVflllCe ill tile face amoU]ll 01'
$1.350.~X)(~. Thc pre:cods thcrcof ~ill &' advanced in accord with thc tc~ of ;~
I~'~L'l,prncm a~d Itc~c, lx Jag ('onstrucdon ],o`an Agreement made by Mmll'.aF. or and N1~nt'.agcc
dated [Na:cm~r 13. 1~)5. ~ m~cnded ~ffcxcn date herc~vifl~.
5. Thc sccuriE,' inlcrcst in personal properly and Ih¢ assignment c~l' Ica.,;cs. rents anti
prt, iit,, cn.'atcd b> thc Morlg,agc continues V. ilh rcspect 1o Ibc ixzrsonal prol-n.,ny and Ica.,;cx. rents
and profit~ ~cs~.'cling tI~e Propcr~y dcscritx:d in thc Morlgage. as hcrcmI'orc and as hcrcb.x
m~li fled. ami berth)' sccun.,s thc Nc~v Nolo and thc Cuns(,lid~tcd Note.
6. Mortgagor agree~ Iha! it hllx no elaim~, dclbnscs, or ~mtt'~ ag;dn~l hlongagcc ~r
tn or again~l cnfo~cmcrtt oFfltl) ortlle Notes (,r thc Mortgage. as modified, or if Mortgagor d~'s
hax c any ~f ~mc. Ihcy ,irc hcrcb) s~ aired in cunxidcr,mt,H of th~s mr,dj fic,;lion.
7. l':xccpt as modilicd hereby, lite Mongat:c remains in fidl R, rcc am, tilL-cl.
LP~YER'S RBSTRRCT
ID:9417742627
MRR 23'98
16:20 No.O14 P.29
OR: 2285 PG: 1536
IN WI'I'NES,$ WI II.':Rl!OI;. Ibc pa~lics Mvc ~Cl Ihcir hands and ~als a~ of Ibc dale Ihst
nix,ye wrillcn,
Signed. Seated and l)clivcrcd
in Ihe presence of:
tull
NTC DI!VEI.OPM[iNT. 13'i)..
Florida limited partnc~hip
By: SW I:lorida Pa/~ncrs, Inc., a Florida
co, poralion, as sole General Panner. wilh
aulhorib' on behalf of lhe pannership
"FIRS'I' UNION NA'I'IONAI. BANK OF
FI.()RIDA. a national banking
.//5 ?::
LPWYER'S ~BSTRACT
ID:9417742627
MAR 23'98 16:21 No.O14 P.30
OR: 2285 PG: 1537
S'I'A'I t{ ()F FI,()RII)A )
(,'X')IJNI'Y ()}: C~cCI~.F-. )
I I-[I!REB¥ CI".R'I'IFY that thc foregoing instrument was acknowledged before me on this
SW Florida Pannurs, Inc.. a Florida corporaliun, u~ sole general pnnner of NTC Dev¢lopmcm.
IAd. a Fl,rld.', llmitcd partnership, on I-,ch~lr of said partnership, who is personally km~wn lO mc
(yes) ~ r,)R who pmduccd
S'I'ATE OF FI.()RII)A )
COUNTY Ol" C'OI.I.II':R )
I llERI:.IsY CI~RTIFY thal thc forcgoing instrument was acknowlcd§cd hcl'oru mc on Ihis
_ '.r_~tO.~q , 1997, by SANDFORD MILLER, as Vice President of FIRS'{'
UNION NATIONAl. BANK OF F1.ORIDA, a national ba~ as~ialion, on ~half of ~id
association, whu i~ ~rsonally km,wn m me~ (no) OR who pr~uc~
as idcntificalion.
~"~' ~ '~" ~ ~ WI,ed, .Wa,wed. ur I','i,led
My Commission Expi~s:
O
Geunt, FlOrin, & ~ P.A.
~551 it~ Ddve~ Suite 501
Napk~ Fk~da
2263365 OR: 2375 PG: 2385
UCO~)ID in OHICIIL llCOIDS of COLLII! COOITT,
12/~0/~7 at !i:llAK I)WlGH~ I. ~!O¢I, CLllr
OBLO ~100000.00
OBLI 5104101.00
UC Fll
DOC-.]5 24i50.00
IFr-.0O2 102Cl.20
leU:
~ILIOl Il
G~LFSHORI BLVD
IAPLIS FL m02 ~~
SECO~ MODI~CA~ON OF MORTGAGE ~ SEC~ AG~E~ ~
~iGNME~ OF LE~, ~ ~ PRO~
~D
NO~CE OF F~ ~V~CE
THIS MODIFICATION OF MORTGAGE is made as of thc 13th day of December,
1997, by and between NTC DEVELOPMENT, LTD., a Florida limited patmership, CNTC")
whose address is 2405 Piper Boulevard, Naples, Florida 34110, ("Mortgagor"), and FIRST
UNION NATIONAL BANK, a national banking association, 5801 Pelican Bay Boulevard,
Naples, Florida 34108 ("Mortgagee").
RECITALS:
A. Mortgagor granted to Mortgagee's predecessor in interest, First Union National
Bank of Florida, a Mertgage and Security Agreement and Assignment of Leases, Rents ~md
Profits dated December 13, 1995, (thc "Mortgage") which encumbers the real property described
in the Mortgagc ("Property"). The Mortgage was recorded at Official Records Book 2128, Page
1637, of thc Public Records of Collier County, Fiorida~ and
B. The Mortgage originally secured a promissory note in the original principal
amount of SEVEN MILLION ONE HUNDRED THOUSAND AND NO/100 DOLLARS
($7,100,000.00) ("Note I'') and a revolving promissory note in the face amount of FOUR
MILLION AND NO/100 DOLLARS ($4,000,000.00) ("Note II''), both issued by Mortgagor in
favor of Mortgagee of even date with the Mortgage; and
C. Mortgagor requested and Mortgagee agreed to make another loan to Mortgagor in
the amount of ONE MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS AND
NO/100 ($1,350,000.00). Such other loan was evidenced by a Promissory Note, the face amount
of $1,350,000.00 executed by Mortgagor in favor of Mongagee's said predecessor dated
February lg, 1997 ("Note III").
D. Note I was renewed by a Renewal Promissory Note in the amount of
$6,852,758.75 dated February 18, i997 ("Renewal Note'') issued by Mortgagor in favor of
Mortgagee's said predecesszr. The Renewal Note and the Note III were consolidated by
~TA~I) TAX~ O~ NO'II~ V ~LI- ~E PA~D AT THE I~g::ol~'rl~ HEP~:G~. ECTAA~f~..E TAXR~ O~ NOTI~ V, Y~I~H ~ A IIML-~ ](:).,r~ ii~t~ ~ p&~l
OR: 2375 PGe 2386
Consolidated Renewal Promissory Note of even date therewith, which note was in the original
principal amount of $8,202,758.75 ("Consolidated Note"). The Consolidated Note, Note III and
the Renewal Note were secured by the Mortgage as modified by inslxument recorded at Official
Records Book 2285, Page 1534 of the Public Records of Collier County, Florida; and
E. Mortgagor has requested and Mortgagee has agreed to renew the Consolidated
Note and Note II and to make two additional loans to Mortgagor in the respective amounts of
$5,100,000.00 and $2,000,000.00. Such additional loans.are evidenced by a promissory note
("Note IV") in the amount of $5,100,000.00 of even date herewith and by a revolving promissory
note ("Note V") in the amount of $2,000,000.00 of even date herewith, both of which notes have
been issued by Mortgagor in favor of Mortgagee. The Consolidated Note has been renewed by
renewal promissory note ("Renewal Note II") in the original principal amount of $7,146,050:03
of even date herewith, which amount is the principal balance outstanding under the Consolidated
Note ($6,411,470.71) together with the undisbursed amounts thereunder ($734,579.32). Note Il
has been renewed by renewal revolving promissory note ("Renewal Revolving Note") of even
date herewith in the amount of $4,000,000.00.
F. Renewal Note II and Note IV have been consolidated by Consolidated Renewal
Note of even date herewith in the principal amount of $12,246,050.03 issued by Mortgagor in
favor of Mortgagee ("Consolidated Renewal Note"). Note V and the Renewal Revolving Note
have been consolidated by Consolidated Renewal Revolving Note of even date herewith issued
by Mortgagor in favor of Mortgagee, which note is in the original principal amount of
$6,000,000.00 ("Consolidated Renewal Revolving Note").
G. The parties wish to modify the Mortgage to reflect that Renewal Note II, Note IV,
Note V, the Renewal Revolving Note, the Consolidated Renewal Note and the Consolida3_ed
Renewal Revolving Note (collectively referred to as the "Notes") shall be secured by the
Mortgage. In addition, the parties wish to confirm that the security interest in personal property
and the assignment of leases, rents and profits created by the Mortgage continues with respect to
the personal property and leases, rents and profits respecting the Property described in the
Mortgage. The parties have entered into this agreement to evidence their understanding.
NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby
acknowledged, the parties hereby agree as follows:
1. The above recitals are true and correct.
2. The Mortgage, as hereby modifi.*d, secures the Notes. A default under either of
the Consolidated Renewal Note or the Consolidated Renewal Revolving Note shall constitute a
default under the Mortgage as hereby modified. Any reference to Note or Notes in the Mortgage
shall apply to the Notes.
3. The maturity dates of the Notes are December 13, 1999. The principal balance
outstanding under the Consolidated Renewal Note equals $12,246,050.03.
OR: 2375 PG: 2387
4. Notice is hereby given that pursuant to paragraph 1.17 of the Mortgage, the
proceeds of Note IV, when advanced, will constitute a future advance in the face amount of
$5.100.000.00. Notice is hereby given that pursuant to paragraph I.l 7 of the Mortgage, the
proceeds of Note V, when advanced, will constitute a future advance in the face amount of
$2,000,000.00. The proceeds of such notes will be advanced in accord with the terms of a
Development and Revolving Construction Loan Agreement made by Mortgagor and Mortgagee
dated December 13. 1995, as amended by instrument dated February I g. 1997, and as further
amended of even date herewith.
5. Monies under the Consolidated Renev,al Revolving Note may be advanced.
repaid and readvanced, provided however that the principal balance outstanding thereunder shall
never exceed, although the cumulative amount of all advances may exceed in the aggregate.
$6,000,000.00.
6. The security interest in personal property and the assignment of lea.sea, rents and
profits created by the Mortgage continues with respect to the personal property and leases, rents
and profits respecting the Property described in the Mortgage, as heretofore and as hereby
modified, and hereby secures the Notes.
7. Mortgagor agrees that it has no claims, defenses, or setoffs against Mortgagee or
to or against enforcement of any of the Notes or the Mortgage, as modified, or if Mortgagor does
i:,~', c ~D' of same, they are hereby waived in consideration of this modification.
8. Except as modified hereby, the Mortgage remains in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
above ~xitten.
Signed, Sealed and Delivered
in the presence of:
Printed %am, e of ~4 ~lne.ts #2
NTC DEVELOPMENT, LTD.,
a Florida limited partnership
By: SW Florida Partners, Inc., a Florida
corporation, as sole General Partner,
with full authority on behalf of
ershi~
By: Robert G. Claussen. as President '
OR: 2375 PG: 2388 ttt
FIRST UNION NATIONAL BANK,
a national banking association
By:
~'nrs'rfo/rrrzo ~Asez: Saru~_ford Miller
rrrLz: Vice President
(Corporate Seal)
STATE OF FLCiRIDA )
COUNTY OF
~ I HEREBY CERTIFY that the foregoing instrument was acknowledged before me on this
~'-day of~ , 1997, by {74[~t{ ~. C(tad, q.,, ,as '~rt61~ of
SW Florida Partners, Inc., a Florida corporation, as sole general parmer of NTC Development,
a Florida limited partnership, on behalf of said partnership, who is personally known to me
(no) OR who produced ~/~ as identification.
Notary,.Publip - State 9f Florida
Typed. stamped, or Primed Name of Notary
My Commission Expires:
STATE OF FLORIDA )
COUNTY OF COLLIER )
. I I HEREBY CERTIFY that the foregoing instrument was acknowledged before me on this
'b~,'~. day of_ ~,f~ff~, 1997, by SANDFORD MILLER, as Vice President of FIRST
UNION NATIONAL BANK~.a~.national banking association, on behalf of said association, who
is personally known to me (~es)Xno) OR who produced U/]~
as identification. ~
Nobary Public - State of Florida
Typed. stamped, or Printed Name of Notary
My Commission Expires: 3"~,t. 2q, 'go ~ o
· NOTE: ~ ,s & two-pan form. Ser~l ~ i:ans to ~he Department of State for filing. It a cogy cd Ires form ,s needed pn(x to ~ng. make photOCOimes to~ your reco~s.
2 1 4 5 0 iMPORTANT: Read Instructions on back before filling out form.
Seminole Fo~m UCC-]
STATE OF FLORIDA
UNIFORM COMMERCIAL CODE FINANCING STATEMENT FORM UCC-'. (REV. 1993)
2450 Pi~oe~__ Blvd.
N'IC DEVELOPFE2TY, LTD., a Florida limited partnership
~-~ ........ i~¢.C~.~m '
Na_ .ples., FL
~~-~-~' ~m ~ ~ md~kk~
First Un/on National .Bank of Florida, N.A.
; 2,. OM, M BU~,-6r-Fi~33942
CO~ ........
33942
mquimd. I mem Ii~ece il NqM~KI, Mtldt IdditJenM IMM(I)].
All that certain perscr~ll property described on the att_ached Exhibit A
which is located On that certain real property described On the attached
Exhibit B.
2003920 OR: 2128 I:)G: 1662
12/14/~5 It 1Z:27~ ~ l. iM, ~
le~:
3fl] lffll~ D! till
SEE ATYACHED SIC2qATURE PAGE
Tz'na~-~ ~-: ...........
Name ~n C. ~s, E~.
~ ~nt, ~i~ & ~n, P.A.
5551 ~~ Drive, Ste. 501
~ ~les, ~ 33963
FILING OFFICER COPY STANDARD FORM- FORM UCC-1 ~w~,~o,~,,.~,,.o,~ ~
SECURED PARTY:
FIRST UNION NATIONAL BANK OF
FLORIDA, a national banking association
llcr, as Vice President
NTC DEVELOPMENT, LTD., a Florida
limited partnership
By: SW Florida Partners, a Florida general
parmership, its sole general partner
with full authority to act on its behalf
l:[obert G. Claussen, as Managing General
Partner with full authority to act on its behalf
OR: 2128 ~: 1663
OR: 2128 ?G: 16 4
All buildings and improvements of every kind and description now or hereafter erected or placed
on the real property legally described in Exhibit B hereto and owned by the Debtor (the
"Premises") and all materials intended for construction, reconstruction, rehabilitation, alteration
and repairs of such improvements now or hereafter erected thereon, all of which materials shall
be deemed to be included v.'ithin the Premises immediately upon the delivery thereof to the
Premises, and all fixtures, goods and articles of personal property now or hereafter owned by
Debtors and attached to or fo.'ming a part of or used in connection with the Premises or the
operation and convenience of any building or buildings and improvements located thereon,
including, but without limitation, all furniture, furnishings, equipment, apparatus, machine~,,
motors, elevators, fittings, screens, awnings, partitions, and convenience of the Premises, and all
plumbing, electrical, heating, lighting, ventilating, refrigerating, incineration, air-conditioning,
and sprinkler equipment, systems, fixtures, and conduits (including, but not limited to, all
furnaces, boilers, hot-and-cold water equipment and system), and all renewals or replacements
thereof or articles in substitution therefor, in all cases whether or not the same are or shall be
attached to the Premises in any manner.
All right, title, estate, and interest of the Debtors in and to the Premises, property, improvements,
furniture, furnishing, apparatus, and fixtures hereby conveyed, assigned, pledged, and
hypothecated, or intended so to be.
All accounts receivable, rents, issues, profits, royalties, income, and other benefits derived from
the real estate.
All leasehold estate, right, title and interest of Debtors in and to all leases or subleases covering
the Premises or an2,' portion thereof nov.' or hereafter existing or entered into, and all right,
limitation, all cash or security deposits, advance rentals, and deposits or payments of similar
nature.
All awards and other compensation heretofore or hereafter to be made to the present and all
subsequent ov.'ncrs of the Premises for any taking by eminent domain, either permanent or
temporary, of all or any pm of the Premises or any easement or ap:,urtenance thereof, including
severance and consequential damage and change in grade of streets.
All insurance proceeds as a result of damage or destruction to the Premises.
All accounts, general intangibles, contract rights, chattel paper, deposit accounts, money,
documents, encumbrances and instruments, now or hereafter owned by Debtor and related to,
used in connection with or m'ising out of the premises or any improvements located thereon.
All proceeds of the foregoing and all substitutions, replacements and accessions thereto. The
security interest herein is limited to such of the foregoing as is owned by Debtors.
UCCEXItlII lX)C
*** OR: 2128 PG: 1665
EXHIBIT ~ - LEGAL DESCRIPTION
All that part of th9 west 1/2 of Section 19, Township 48 South,
Range 26 East, Collier County, Florida being more particularly
described as follows:
BEGINNING at the southwest corner of said Section 19; thence
along the west line of said Section 19, North 1'-07'-34" West
100.00 feet to the north line of an easement for drainage
purposes as described in Deed Book 44 at page 78, Collier County
Public Records, Collier County, Florida said point also being
the southwest corner of that parcel as described in O. R. Book
767, pages 1508 and 1509 and O.R. Book 768, pages 828 and 829
Collier County Public Records, Collier County, Florida;
thence along the boundary of that land as described in said O.R.
Book 767, pages 1508 and 1509 and O.R. Book 768, pages 828 and
829, collier County Public Records, Collier County, Florida the
following described nine (9) courses;
1) North 89°-09'-48" East 50.00 feet;
2) North 1'-07'-34" West 549.50 feet;
3) North 88'-52'-26" East 30.00 feet;
4) North 1'-07'-34' West 2017.43 feet;
5) North 0°-58'-48'' West 582.54 feet;
6) North 89'-01'-12" East 360.00 feet;
7) North 0°-58'-48" West 800.00 feet;
8) South 89'-01'-12" West 400.00 feet;
9) North 0"-58'-48'' West 1280.00 feet to a point on the north
line of said Section 19, which lies North 89°-20'-08'' East 40.00
feet from the northwest corner of said Section 19;
thence along the north line of said Section 19, North 89°-20'08''
East 2592.26 feet to the North 1/4 corner of said Section 19;
thence along the north and south 1/4 section line of said
Section 19 South 1"-08'-21'' East 1716.05 feet;
thence leaving said line, South 89'-09'-48" West 750.00 feet;
thence South 1°-08'-21'' East 3605.71 feet to the south line of
said Section 19 and the south line of that drainage easement
described in said Deed Book 44, page 78;
thence along said line, South 89'-09'-48" West 1890.21 feet to
the southwest corner of said ~ection 19 and the Point of
Beginning of the parcel herein described;
COLLIER
COUNTY
GO R NT
COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
September 8, 1998
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
Jim Carr
Agnoli, Barber & Brundage, Inc.
7400 N. Tamiami Trail
Naples, FL 34108
Re: Carlton Lakes, Unit Two
Dear Mr. Carr:
This is to inform you that the above referenced project has been granted preliminary approval by
Engineering Review in compliance with Collier County Land Development Code, Section 3.
All water and/or sewer facilities approved, accepted and required to be maintained by Collier
County shall be conveyed to the County pursuant to the provisions set forth in Collier County
Ordinance No. 97-17, as amended.
You are reminded that it is your responsibility to petition the Development Services Director for
final approval of the improvements upon the expiration of the minimum one (1) year
maintenance period. After satisfactory completion of all final inspections., the Board of County
Commissioners shall grant final approval of the required improvements establishing County
responsibility for maintenance of the required improvements if it is the Board's desire to accept
and maintain the facilities.
If you should have any questions or if we may be of assistance, please advise.
Very truly yours,
._ -.-:,~: :>-~..- ~:
Shirley Nix
Engineering Technician II
CC:
Tim Clemons, Wastewater Director
Paul Mattausch, Water Director
Cindy Erb, Public Works
John Houldsworth, Engineering Review
Building Review & Permitting
Code Enforcement
Housing & Urban Improvement
(941) 403-2400
(941) 403-2440
(941) 403-2330
Natural Resources
Planning Services
Pollution Control
(941) 732-2505
(941) 403-2300
(941) 732-2502
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES DIVISION
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
ENGINEERING REVIEW SECTION
September 3, 1998
Mr. Jim Carr, P.E.
Agnoli, Barber & Brundage, Inc.
7400 N. Tamiami Trail
Naples, FL.
Re: Carlton Lakes Unit Two
Dear Mr. Carr:
This is to inform you that the above referenced project has been
granted preliminary approval by Engineering Review in compliance
with Collier County Land Development Code, Section 3.2.6.5.2.
All water and sewer facilities approved and accepted and required
to be maintained by Collier County shall be conveyed to the
County pursuant to the provisions set forth in Collier County
Ordinance No. 97-17, as amended.
You are reminded that it is your responsibility to petition the
Development Services Director for final approval of the
improvements upon the expiration of the minimum one (1) year
maintenance period. After satisfactory completion of all final
inspections, the Board of County Commissioners shall adopt a
resolution giving final approval of the required improvements,
acknowledging the dedication(s) of the final subdivision plat and
establishing County responsibility for maintenance of the
required improvements if it is the Board's desire to accept and
maintain the facilities.
If you should have any questions or if we may be of assistance,
please advise.
Very truly you%s,
John R. Houldsworth
Senior Engineer
Building Review & Permitting (941) 403-2400
Code Enforcement (941) 403-2440
Housing & Urban Improvement (941) 403-2330
Natural Resources
Planning Services
Pollution Control
(941) 732-2505
(941) 403-2300
(941) 732-2502
-----[A
IIII1~.-.~ ,'-,~'~,'~T ·
iiiIIk"T~
ii11111-~, ..--,~.
nnnnnP..~~~ &
nnnnnlk'T~
IIIIIIII'~T~ *T~ A r~
I I I I I I PJ,...~I~U .LN IJ.t%-t.-al2~, INC.
Professional cnginccrs, planncrs & land surveyors
ENGINEER'S FINAL PAYMENT CONFIRMATION
The undersigned engineer of record of the project known as Carlton Lakes Unit Two.. hereby
confirms that the firm of Agnoli, Barber & Brundage, Inc. has been paid in full by NTC
Development Limited for labor, services or materials furnished in the design,
permitting, and construction of the water and sewer utility facilities within this project. This
confirmation of payment is not a release for any future right to claim a lien for work performed
in connection with the property.
Jack G. McKenna, P.E.. .......
Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
On this 1 lth day of August, 1998, personally appeared Jack G. McKenna, whom I know
personally and acknowledged that he executed the same.
l~ary Public
Printed Name: June A. Miller
Commission No. CC733416
My Commission Expires: 4/24/02
08-028j81tr.doc
IIBIIBh'T~
IIIIIII1"~-~ TI~A ~
I I I I I I PJ,,.~L~U LN l~.~t~i~, ~NC.
Prolkssional cnginccrs, planners & land surveyors
PRESSURE TEST REPORT
PROJECT Carlton Lakes Unit 2 PN 6696-2/X004
DATE 7/15/98
WITNESSED BY R. Sandrus 8,: Daryl Hughes
TYPE OF LINE:
FORCEMAIN X POTABLE IRRIGATION FIRE
DIAMETER 10" INCHES, D DIAMETER 6" INCHES, D
LENGTH 3400' FEET, S LENGTH 3725' FEET, S
TEST PRESSURE 150 PSI TEST PRESSURE 150 PSI
TEST: TEST:
START 160 PSI ~ 8:30 a.m. START 160 PSI ~
8:30 a.m.
STOP 158 PSI (&~ 10:30 a.m. STOP 158 PSI (&~ 10:30 a.m.
AMOLTNT USED 4 GAL
AMOUNT USED 4 GAL
ALLOWABLE LEAKAGE:
L = SD>P/133,200 GAL/HR
= 3.12 GAL/HR
X2= 6.24 GAL/2HR
ALLOWABLE LEAKAQE:
TAL = 10.34 GAL/2 HR
PASSED Yes PASSED
MainOfl~cc:7400Tan6anliTrailN,5;uitc200, Naplcs, Fl,.n-id,~34!i}8 . ,941)597-31tl . FAX: (941)566 22(13
LccCounw: 1025 [tct;drx ht ,quite 101.Fo:l Mycr'~,l:l(.~rid~3394;I · ~O,t!;33.t 1!73- FAX: (9-tl > 334-1175
Illll~,..Ik
IBI/lh'l'~b
lllIIIK~
llllllhl~b
lllllll~ ~
Professional cnginccrs~ planncrs& land surveyors
PRESSURE TEST REPORT
PROJECT Carlton Lakes Unit 2, PN 6696-2/X004
DATE 7/7/98
WITNESSED BY R. Sandrus & Daryl Hughes (CCCS)
TYPE OF LINE:
X FORCEMAIN POTABLE IRRIGATION FIRE
DIAMETER 4 INCHES, D
LENGTH 1000 FEET, S
TEST PRESSURE 100 PSI
TEST:
START 100 PSI ~ 8:45 a.m.
STOP 100 PSI ~ 10:45 a.m.
AMOUNT USED 0 GAL
AVERAGE PSI /oo
ALLOWABLE LEAKAGE:
L = SD>P/133,200 GAL/HR
i/
= 0.30 GAL/HR
X2= 0.60 GAL/2HR
PASSED Yes
Aug-27-98 02:10P P.02
Lawton Chiles
Governor
Department of
Environmental Protection
South District
P.O. Box 2549
Fort Myers, Florida 33902-2S49
Virginia B. ~Vecherell
Secreta~/
August 25, 1998
Robert G. Cluassen, Managing Partner
NTC Development Limted
2406 Piper Boulevard
Naples, Florida 34110
Re:
Collier County - PW
Carlton Lakes Unit Two
(Collier County Regional WTP)
132809-001-DSGP
Dear Mr. Cluassen:
This acknowledges receipt of certification that the subject water distribution system
extension has been completed in accordance with the plans and related materials permitted
by this agency under Permit Number 132809-001-DSGP dated December 16, 1997.
Based on this certification and satisfactory bacteriological results, we are approving these
facilities for service. Your continued cooperation in our water supply program is
appreciated.
Sincerely,
GAM/MJH
cc: Jack G. McKenna, P.E
Paul E. Mattausch
Gary A. Maier
Professional Engineer
Printed on recyrded poper.
Aug-27-98 02:10P P.03
Department of
Environmental Protection
~Z-~' ~-~---~- ?='--Z ~ E~-~ ~-~-=~=Z -- South District
Lawton Chiles P.O. Box 2549
Governor Fore Myers, Florida 33902-2S49
Virginia B. Wetherelt
Secretary
August 27, 1998
Timothy L. Clemons
Wastewater Director
Collier County Public works
3301 Tamiami Trail East, Bldg. H
Naples, Florida 34112
Dear Mr. Clemons:
Re:
Collier County - DW/CS
Carlton L&kes Unit Two
Collier County/North WWTP
50581-029-DWC
Clearance For Use
We have received a certificate of completion of construction,
dated August 20, 1998, as submitted by Jack G. McKenna, P.E. of
Agnoli, Barber and Brundage, Inc. for the project authorized by
the above permit number. Accordingly, the domestic wastewater
collection/transmission system may be placed into service.
HWY/SK
cc: Jack G. McKenna, P.E.
Sincerely,
Harle Ph. D. ,
Water Facilities
Section Manager
P.E.
Printed on recycled [~per.
WAIVER OF LIEN
KNOW ALL MEN BY THESE PRESENTS, that Timothy C. Mitchell. Sr., as President,
of Haleakala Construction. Inc. for and in consideration of FOUR HUNDRED FIFTYFIVE THOUSAND
SIX HUNDRED SIXTYSIX DOLLARS AND SIXTY CENTS ( $ 455,666.60 ) and other good and
valuable considerations, laxvful money of the United States of America. to me in hand paid. the reciept
whereof is hereby acknowledged, does hereby waive, release, remiss, and relinquish any and all right to
claim any lien or liens for work performed or material furnished, or any kind or class of lein whatsoever
on the following described property:
( Please provide full name and location of development and a description of the utility sy~em con~ructed )
All the Potable Water and Sanitary Sewer Systems for Carlton Lakes Unit Two as depicted on the
construction drawings prepared by. Agnoli, Barber and Brundage, Inc. Dated June 2, 1998
Haleakala Construction, Inc.
5758 Taylor Road
~Naples' Flori,dai~_~
By: ~~f~ ~)
' ~'~inmthn~. Mitchell. Sr.. -President
STATE OF FLORIDA )
)
COUNTY OF COLLIER )
SS:
The foregoing instrument was signed and acknowledged before me this 25 th day of August, 1998
by Timothv C. Mitchell, Sr. who is personally known to me and who did not take an oath.
Brenda K Merchant
CC 732239
( Notary Seal )
7/1/96 11-3
COLLIER COUNTY GOVERNMENT
PUBLIC WORKS DIVISION
August6,1998
3301E. TAMIAMI TRAIL
NAPLES, FL 34112
(941) 732-2575
FAX:(941) 732-2526
A CERTIFIED BLUE CHIP COM2ViUNITY
Haleakala Construction Company
5758 Taylor Road
Naples, Florida 34119
Re: Bacteriological Analysis Results - Main Clearance
Attached please find the analytical results on the following water main clearance
project: Carlton Lakes Phase II. These results were found to be acceptable by
Collier' County Laboratory, #55261.
Should you have any further questions regarding this matter, please contact me at
(941) 352-7004.
Sincerely,
Howard B. Brogd6n
Acting Laboratory Supervisor
State of FLorida
Oepartment of Nesith
Office of Laboratory Services
JacksonviLLe, Niami, PensacoLa
Tm, West PaLm Beach
DRINKING WA TER
BACTERIOLOGICAL ANALYSIS
DHRS# 5526~RLABusE ~LY
Rec'd 12:22 8-04-98
TESTED
Date: 8-04-98 By:GJG
Time: 14:50 TO 15:30
CONFIRMED
SYSTEM NAME:
ADORESS:
Press hard, (5) copies
Collier County Water Dept 5114069 732-2558
SYSTEM I.D. NO: SYSTEM PHONE #:
3301 Tamiami Trail~ Naples? FL COUNTY: Collier DISTRICT: 11
COLLECTOR: G.J. C~AD,~4-r'~ COLLECTOR PHONE #: 352--7G;~
SAMPLE SITE (LocaLity or Subdivision): CARLTON LAKES - PHASE I I
DATE AND TIME COLLECTED: ~,. ~ ~
TYPE OF SUPPLYCCircLe one): Nonconlnunity Hater system Nontransient - noncommunity ~ater system
Pr~ SNinl~ing pool BottLed ~ater Limited Use system
TYPE OF SAMPLECCircLe one): CompLiance Repeat RepLacement ~nc~~ WetL survey
Other
(Check Box)
[ ] Oistribution [ ] Check here if payment made
[ ] RaN to county public health unit
TO BE COMPLETED BY COLLECTOR OF SAMPLE TO_.,~,.,~e:~m_~OMPLETED BY LAB
ANALYSIS METHO0: ~__~,~ MT~- HMO-MUG PA
COLL. SAMPLE POINT Cl NON CONFIRM CONFIRM
NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLT SAMPLE NUMBER
1 38+00 3. =~ 8.4 ~ 074-8-98
2 49+50 PSP 3.5 8.4 ~ 075-8-98
3 59+50 3.~= 8.3 ~ 076-8-98
4 14+00 3.~= 8.4 ~ 077-8-98
5 11+80 3. =~ 8.4 $ A ~78-8-98
6 25+50 3.=~ 8.4I ~ 079-8-98
7 12+89 3.
* ResuLts in this column are prescm~tive. Total coliform and fecal coLiform or E..:.. coLi confirmation ~iLL foLLo~ in 24-48 hours.
P - Co[iforms are present C - ConfLuent growth TA - Turbid, Absence of gas or acid
A - CoIiforms are absent TNTC - Too numerous to count
INVOICE ADDRESS (if different than address beLow):
REMARKS: DAY ONE
NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT
REVIEWING OFFICIAL:
TITLE:
INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER
SATISFACTORY
INCCkqPLETE COLLECTION INFORMATION
REPEAT SAMPLES
REPLACEMENT SAMPLES
State of FLorida
gepartment of Health
Office of L~boratory Services
Jacksonville, Nimi, Pensacola
Tlmpa, gear Palm Beach
DRINKING WATER
BACTERIOLOGICAL ANALYSIS
DHRS# 5526~ORLABUSEONLY
Rec'd 12:22 8-04-98
TESTED
Date: 8-04-98 By:GJG
Time: 14:50 TO 15:30
CONFIRMED
SYSTEM NAME:
ADDRESS:
COLLECTOR: G.J. GRABNER
CARLTON LAKES - PHASE
SAMPLE SITE (Locality or Subdivision):
DATE AND TIME COLLECTED: 8-04-98 9: 37 TO 9: 42
SUPPLY(Circle one): ~ Noncon~nunity water system Nontransient - noncommunity water system
TYPE
OF
p* w~in
g pool Bottled water Limited Use system
TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement ~~ Well survey
Other
(Check Box)
[ ] Distribution [ ] Check here if payment made
[ ] Raw to county public health unit
Press hard, (5) copies
Collier County Water Dept 5114069 732-2558
SYSTEM I.D. NO: SYSTEM PHONE #:
3301 Tamiami Trail, Naples, FL COUNTY: Collier DISTRICT: 11
COLLECTOR PHONE #: 352-7007
II
TO BE COHPLETED BY COLLECTOR OF SAMPLE TO BE COMPLETED BY LAB
ANALYSIS METHO0: ~ MTF HMO-MUG PA
RM CONFIRM
COLL. SAMPLE POINT Cl NON
NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER
8 24+50 3.~ 8.4 ~ 081-8-98
9 15+50 3.~ 8'= A
082-8-98
* Results in this column are presta~ptive. Total coliform and fecal coliform or E_= coli confirmation will follow in 24-48 hours.
P - Coliform are present C - Confluent growth TA - Turbid, Absence of gas or acid
A - Coliform are absent TNTC - Too numerous to count
INVOICE ADDRESS (if different than address below): INTERPRETATIONS-REMARKS BY. PROGRAM REV]RUER
REMARKS: DAY ONE
NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT
REVIEWING OFFICIAL:
TITLE:
( )
( ) SATISFACTORY
( ) INCOMPLETE COLLECTION INFORMATION
( ) REPEAT SAMPLES
( ) REPLACEMENT SAMPLES
State of FLorida
.Department of HeaLth
Office of Laboratory Services
· JacksonviLLe, Hi--i, PensacoLa
Tampa, Vest PaLm Beach
DRINKING WATER
BACTERIOLOGICAL ANAL YSIS
DHRS# 5526 fOR LAB USE ONLY
Rec'd 11:52 8-05-98
TESTED
Date: 8-05-98 By:GJG
Time: 13:20 TO 14:00
CONFIRMED
Press hard, (5) copies
Collier County Water Dept 5114069 732-2558
SYSTEM NAME: SYSTEM I.D. NO: SYSTEM PHONE #:
ADDRESS: 3301 Tamiami Trail, Naples, FL COUNTY: Collier DISTRICT: 11
COLLECTOR: 6_ _T_ ~AB.~!ER COLLECTOR PHONE #:
SAMPLE SITE (LocaLity or Subdivision): CARLTON LAKES - PHASE I I
DATE AND TIME COLLECTED: _~_~_~_~_~ --~ ~ ~ ~0 ~ ~::~
TYPE OF SUPPLY(Circte one): ty wa~er sys~ Nonco~nity water syst~ Nontransient - nonc~nfty water system
Private ke[[ S~i~ing ~o[ Bottted ~ater Limit~ Use system
TYPE OF SAMPLE(CircLe one): C~tiance Re,at Reptac~nt ~ett survey Other
(Check Box)
[ ] Distrf~tion [ ] Check here if ~nt ~de
[ ] Ra~ to county ~b[ic health unit
TO BE C~PLETED BY COLLECTOR OF SAMPLE TO BE C~PLETED BY LAB
ANALYSIS METH~: ~ MTF MMO-MUG PA
COLL. SAMPLE POINT C[ NON CONFIRM CONFIRM
NO. (S~cific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLT SAMPLE NUMBER
A
1 38+00 ~ ~.= ~ 8.4 / 122-8-98
2 49+50 PSP 3.5 8.4 ~ 123-8-98
= 59+50 3 5 8.4 ~ 124-8-98
4 14+00 3.~ 8.4 A 125-8-98
25+50 3.~ 8.4 ~ 127-8-98
6
* ResuLts in this column are prestznptive.
P - CoLiforms are present
A - CoLiforms are absent
Total coliform and fecat coliform or E. coLi confirmation wiLL foLLow in 24-~8 hours.
C - ConfLuent growth TA - Turbid, Absence of gas or acid
TNTC - Too numerous to count
INVOICE ADDRESS (if different than address beLow):
REMARKS: DAY TWO
INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER
HAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT
REVIEgING OFFICIAL:
TITLE:
( )
( ) SATISFACTORY
( ) INCOMPLETE COLLECTION INFORMATION
( ) REPEAT SAMPLES
( ) REPLACEMENT SAMPLES
State of FLorida
, Department of HeaLth
'Office of Laboratory Ser¥icea
JackaoflviLLe, Mi~li, PensacoLa
Tm, West PaLm Beach
DRINKING WA TER
BACTERIOLOGICAL ANALYSIS
DHRS# 5526 {OR LAB USE ONLY
Rec'd 11:52 8-05-98
TESTED
Date: 8-05-98 By:GJG
Time: 13:20 TO 14:00
CONFIRMED
SYSTEM NAME:
ADDRESS:
Press hard, (5) copies
Collier County Water Dept 5114069 732-2558
SYSTEM I.D. NO: SYSTEM PHONE #:
3301 Tamiami Trail, Naples, FL COUNTY: Collier DISTRICT: 11
COLLECTOR: G· J. GRAB,',~ER COLLECTOR PHONE #: 35~-'-' 7:~C
SAMPLE SITE (Locality or Subdivision): CARLTON LAKES - PHASE I I
DATE AND TIME COLLECTED:
TYPE OF SUPPLY(Circle one):~ng
Compliance
(Check Box)
[ ] Distribution
[ ] Raw
Repeat
TYPE OF SAMPLE(Circle one):
~.~ TG ~ -- 16
Noncommunity water system Nontransient - noncommunity water system
pool Bott Led water Limited Use system
Replacement ~ We[[ survey Other
[ ] Check here if payment made
to county public health unil
TO BE COMPLETED BY COLLECTOR OF SAMPLE TQ. rBE COMPLETED BY LAB
ANALYSIS METHO0: ~) MTF MMO'MUG PA
COLL. SAMPLE POINT Cl NON CONFIRM CONFIRM
NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAJ~PLE NUMBER
!
8 24+50 ~.~ ~ 8.4 ~ 12'9-8-98
9 15+50 3.[ 8.4 ~ 130-8-98
* Results in this coluna~ are presunptive. Total coliform and fecal coliform or E. coti confirmatiol will follow in 24-48 hours.
P - CoLiforms are present
A - Coliforms are absent
C - Confluent growth TA - Turbid, Absence of gas or acid
TNT( - Too numerous to count
INVOICE ADDRESS (if different than address below):
REMARKS: DAY TWO
NAME AND FLAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT
REVIEWING OFFICIAL:
TITLE:
INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER
( )
( ) SATISFACTORY
( ) INCOMPLETE COLLECTION INFORMATION
( ) REPEAT SAMPLES
( ) REPLACEMENT SAMPLES
CERTIFICATION OF CONTRIBUTORY ASSETS
PROJECT NAME
LOCATION:
CARLTON LAKES - UNIT TWO
CARLTON LAKES
NAME AND ADDRESS OF OWNER:
NTC DEVELOPMENT
2045 PIPER BLVD.
NAPLES. FLORIDA 34110
TYPE UTILITY SYSTEM:
POTABLE WATER SYSTEM
DESCRIPTION AND COST OF MATERIAL. LABOR. AND SERVICES
i ~B-~E WATER
CoNNi xiST. 10 ; YAT :R
~;O¥'P-VC DR-I~'~'-;('~'ERM.klN .... 347(~ LF ~ $13.90{ $48~233.00 _
I,o,, P¥c DR-!4 ~i.¢~ERMAIN 280, Ll: $15.71 $4.398.80
~6" PVC DR-14 WATERMAIN
6"GATE VALVE & BOX ' 12 ] EA ~ $;~0:0[~-' ~6,240.;0
~'LUSHINd-~YDRANT ~ 10") 1
FLUSHING tlYDRANT ( 8" )
{FIRE HYDRANT ON 10" MAIN
[PERM. BSP ,
MAGNETIC LOCATORS - k 20 EA [ $20.00 S400.00
Sub Total [ ~ : . $169,746.10 ~
(If more space is require& use additional page(s). Number each page and include the name of the project.
7/1/96 11-5
I do hereby certify that the quantities of material and services described above are a true and accurate
representation of the as - installed cost of the system being contributed to Collier County. and corresponds
with the record drawings.
CERTIFYING:
~iq~oth~itchell, Sr., President
OF: Haleakala Construction, Inc.
5758 Taylor Road
Naples. Florida 34109-1856
STATE OF FLORIDA )
)
COUNTY OF COLLIER )
SS:
The foregoing instrument was signed and acknowledged before me this 27 th day of July, 1998
by Timothy C. Mitchell. Sr, who is personally known to me and who did not take an oath.
B~eenc[t I~ l~ercliafit '
CC 384.,89
7/1/96 11-5
CERTIFICATION OF CONTRIBUTORY ASSETS
PROJECT NAME:
LOCATION:
CARLTON LAKES - UNIT TWO
CARLTON LAKES
NAME AND ADDRESS OF OWNER:
NTC DEVELOPMENT
2045 PIPER BLVD_
NAPLES. FLORIDA 34110
TYPE UTILITY SYSTEM:
SANITARY SEWER SYSTEM
DESCRIPTION AND COST OF MATERIAL. LABOR. AND SERVICES
I~" PV~DR ~5 ; - 8TCi;~ ]- 1630 I I.F ' $22.50 ~ $36.675.00
18" PVC SDR-35 8 - 10 CUT 1006~, .... LF ~1 S25.00 ;, $25.150 004
[8" PVC SDR-35 10 - 12'CIIT [ ~ i L_? ~ $3~.00 $_1_i,340.00 ~
;4'DIA MANHOIE 0-6'CUT ~ 8/ EA ~ $1 200 00 $9600.00/
4'DIA M XNHOLE 6-8'C[T 7 ~ EA $1 50000: $10.500.00 ~
4'DIA MANHOI,E 8 - 10'CUT ~ 6c F,A ~ $1,700.0~ $10,200.00~
4'DIA. MANttOLE 12 - 14'CUT ~ 1 EA $2.375.00 , $2375.00
i4, DiA. MANHOLE I 4 - 16'CUT 34L EA $3A) 15.00 $9.o45 oo
IOUT SIDE DROP CONNECTION EA .
6" PVC I,ATERAL
: 2202 LF Sg.00 i $17.616.00
6" SGL CLEAN-OUT 12~ T~( Si56~ ii.8oo.o~
16" DBL CI,EAN-OUT l- t
'C.O.(g; END OF 8" ' 2 EA $200.00 [ $400_00
8" PLUG 8 EA $45.00 ~ $360.00
4" PVC DR-14 FORCEMAIN 60
~6,, PVC DR-18 FORCEMAIN I 385 ~ LF $7.70 $2 964.50
!6" PVC DR-14 FORCEMAIN ~ 240 i,F
6" PI, UG VALVE & BOX I EA $750.00 $750.00
PUMP STATION COMPLETE I E,, i , oo.oot
TOTAL t $285,920-50~
(If more space is required, use additional page(s). Number each page and include the name of the project.
7/1/96 11-5
I do hereby certify that the quantities of material and services described above are a true and accurate
representation of the as - installed cost of the s/stem being contributed to Collier County and corresponds
with lhe record dra~viugs.
CERTIFYING:
Tinny C.,~q~chell. Sr.. President
OF: ttaleakala Construction, Inc.
5758 Taylor Road
Naples. Florida 34109-1856
STATE OF FLORIDA )
)
COUNTY OF COLLIER )
SS:
The foregoing instrument was signed and acknowledged before me this 27 th day of July, 1998
by Timothy C. Mitchell. Sr. who is personally known to me and who did not take an oath.
Brenda K Merchant
CC 384389
7/1/96 11-5
B~Z1GNOLI
II!lllk'l~
I!i1111~ ~
IlIIIFU~~ ~
IIIIIIk~
Illllll~
Professional engineers, planners & Land surveyors
August 11, 1998
Board of County Commissioners of Collier County
3301 Tamiami Trail East, Building F
Naples, FL 34104
Re: Carlton Lakes Unit Two, PN 6696-2
Honorable Commissioners:
The purpose of this letter is to certify that to the best of my knowledge, information and belief
and in accordance with commonly accepted procedures consistent with applicable standards of
practice, the water facilities to be dedicated at the above-referenced project have been
constructed within easements dedicated in the plat of Carlton Lakes Unit Two. This is not a
guaranty or warranty, either expressed or implied.
Sincerely/
aack G. McKenna, P E
JGM/jam
cc: Don Milarcik
08-029j81tr.doc
WARRANTY
The undersigned parties do hereby warrant and/or guaranty all work executed by the contractor
on the water and sewer systems of ( Name of Development ) CARLTON LAKES UNIT T~/O to be
free from defects in material and worknmnship for a period of at least one ( 1 ) year from the date of
acceptance ~' the Collier Count).' Board of County Commissioncrs. The undersigned parties further agree
that they will, at their own expense, repair and replace all such defective work and all other work
damaged by said defective work under this Warranty - Guaranty.
It is furthermore understood that the consideration for the giving of this Warranty. and/or
Guaran .ty is the requirement by the General Conditions and Specifications under which the contract was
let that such Warran .ty and/or Guaranty would be given.
Haleakala Construction. Inc.
BY '/~mo~LP~ Mitcl~ell. Sr.. President
STATE OF FLORIDA )
) SS:
COUNTY OF COLLIER )
The foregoing instrument was signed and acknowledged before me this 27 th day of July, 1998
~' Timothy C. Mitchell, St, who is personally known to mc and who did not take an oath.
Brenda K Merchant
CC 384389
7/I/96 11-2
INVOICE
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY COURTHOUSE COMPLEX
NAPLES, FLORIDA 34112
ADC NO.
Invoice' No. 29888
Date: August 3, 1998
TO:
Haleakala Construction
5910 Taylor Road
Naples, FL 34108
Applic PO No.:
Department: Dept. of Revenue
Phone: 403- 2365
DUE AND PAYABLE UPON RECEIPT
[BOARD DEPARTMENTS ONLY - CHARGES EXPENSED
UPON RECEIPT OF YELLOW COPY IN FINANCE]
Carlton Lakes PH II
DESCRIPTION AMOUNT
Full Bore Flush, Disinfection, Post Disinfection
Work Order #13559/101824
Labor :7 hrs. @ 15.00 per hour 105.00
Equipment: 7 hrs. @ 12.00 per hour 84.00
Admins Cost 145.80
Lab Analysis: 36 hrs. @ 15.00 per hour 540.00
Gallons Used - 8,000 26.50
TOTAL AMOUNT $ 901.30
FUND
4O8
FUND
MAKE CHECKS PAYABLE TO
COLLIER COUNTY BOARD OFCOUNTYCOMMISSIONERS
DETACH AND MAILTHIS PORTION WITH YOUR CHECK TO
FINANCE DEPARTMENT
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY COURTHOUSE COMPLEX
NAPLES, FLORIDA 34112
REVENUEACCOUNT
ICOST CENTER OB J/REV CODE
000000 115100
EXPENDITURE ACCOUNT
ICOST CENTER I OB J/REV CODE
IPROJECT
00000
IPROJECT I
Invoice:
Amt Encl:
NR No:
No. 29888
42cyin
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Trans Number I Date 1 Post Date . Payment Slip Nb~
91920 1 9/1/98 4:21:45 PM 1 9/2/98 UT 41693
HALEAKALA
5910 TAYLOR RD
Payor · HALEAKALA CONST
Fee Information
Fee Code Description I GL Account i Amount Waived
42CYIN COUNTY INVOICES ! 40800000011510000000 i $1150.60 '
Total ' $1150.60,
Payments
I Account/Check Number
Payment Code Amount!
:7;HECK f 022254 $1150.60,
Total Cash
Total Non-Cash
Total Paid
Memo:
DISINFECTION ,POST FLUSH AT CYRSTAL LAKE (WATERFORD PLACE)
INVOICE #29887 FOR $249.30
FULL BORE FLUSH AT CARLTON LAKES PH 2
INVOICE #29888 FOR $901.30 PAID 911/98 CK #22254 FOR $1150.60
$0.00
$1150.60
$1150.60!
Cashier/location: FROLOFF E / 1
User: MOROCCO_G
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:9/1/98 4:22:57 PM
Sep-02-98 01:05P P.02
09/02/1998..1.~_: ~.3 .... 5947964
Septe~ 2,
D~xt MIl~rr, ik
Carlton tJke~
2q Piper 91v;I.
I~I~;IN, FL 34110
RE.' Fire Hvdrmr~ Acx:~pWnce-
HiOPwood P,,rk LIn~
The Nurth N~lplea Fire Con~J mtn] R~cue 0t~trict h~ Inq;~:~:l ~ ~ ~ ~s
~r ~~ ~ ~inl~ M ~ ~ ~r~. We ~H W ~~ip and
FoMowlr~ ~J1 t~e reeuite M ble flow
8~elic 80
Residual
Flow 1210
Plt(~ 52
ff ~ hlvi &ny question,, plemle dc) nM nelltlte to Oive ~N~ m ocli.
Km'l K
ilIIIIIB~
iIIilPJ,~~]~ &
Professional engineers, planners & land surveyors
GRAVITY SEWER
INFILTRATION TEST REPORT
PROJECT
Carlton Lakes, PN 6696-2/X004
WITNESSED BY Jim Bailey
DATE 7/8/98 - 7/9/98
PROCEDURE
MEASUREMENT
MEASUREMENT
INFILTRATION 31.43
VERTICAL DISTANCE
TIME DATE LID TO WATER
1:00 p.m. 7/8/98 212.75"
1:00 p.m. 7/9/98 211.75"
GPD
ALLOWABLE LEAKAGE
SEWER SIZE 8 INCHES, D
TOTAL LENGTH 5312 FT/5280 = 1.01 MI, L
ALLOWABLE LEAKAGE 50 GPD/MI/INCH DIA
AL=(50XDXL)= 408 GPD
PASSED Yes
Main Office: 7400 '['anfiami 'Frail N , Suite 200, Naples, l~[orida ?,4108 · (941 ) 597 31 l I · FAX: (941) 560-2203
l.cc County: 1625 t tcndrx St, 5;uilc 101, I'd,ri Myers, Fl~rid~ 339{~1 · (t)41 ~ 334-1173 . FAX: (941 t 334-1175
PAIN._TS & COATINGS UNLIMITED * 194159894~
,. ,Wozr¢~ater Snv. u'mre ReMbilitatio.!"
N0.581 Q02
To Whom It May Concern;
Carl A. Lquidara
President
4~)1 Iqam:ock Bridge Pafloa, ay * Nth. Ft. Myers. FL 33905 * 941-997-6645 * 90,1-997~7117 FAX
COLLIER COUNTY UTILITIES
W~STEWATER DEPARTMENT
PROJECT VIDEO REVIEW
DATE OF REVIEW:O-18-98
PROJECT NAME: ~rlton Lakes
ENGINEER OF RECORD:
CONSTRUCTION CONTRACTOR: Haleaka Const.
VIDEO CONTRACTOR: SEWER VIEWER
COMMENTS: Lines and services are acceptable
(north)
RECOMMENDATIONS:
~x 1 ACCEPTABLE:
REVIEW NUMBERED COMMENTS IN ONE YEAR:
NUMBERED COMMENTS UNACCEPTABLE: (REPAIR/REPLACE)
~--~OTHER RECOMMENDATIONS:
Chris Farris
-~ :),-~'!,/., -'
/
2152 SPRINT BLVD.
APOPKA, FL 32703
(407) 886-3131
DIVISION OF ELLIS K. PHELPS & CO,
5661 DIVISION DRIVE
FORT MYERS, FL 33905
(941) 693-5226
RESPOND TO:
[3 1100 53RD COURT SOUTH
MANGONIA PARK
WEST PALM BEACH, FL 33407
(561) 848-2299
PUMP STATION START-UP REPORT
JOB NAME CARLTON LAKES %2 OPERATOR
LOCATION OF INSTALLATION Naples, FL
CONTRACTOR Haleakala Construction DESIGN CONDITIONS: GPM__
PUMP MODEL CP3127 H.P. 10 IMPELLER 481 VOLTAGE
SERIAL NUMBER #1 180-9820470 #2 180-9820471
#3
MANUFACTURER OF CONTROL
OVERLOAD HEATER # B-45
ALTERNATOR TESTED YES
COMMENTS:
#4
QCI SERIAL
L/A CONNECTED YES
[] 124 AIRPORT PARK DR.
SAVANNAH, GA 31408
(912) 966-1866
Collier County
TDH
230 PHASE 3
03-98-29
GROUND CONNECTED YES
Ail controls operate good. Pumps sound good.
MEGGER CHECK #1 INF RED INF BLACK INF
%2 INF RED INF BLACK INF
%3 RED BLACK
#4 RED BLACK
VOLTAGE CHECK:
WHITE
WHITE
WHITE
WHITE
TO GROUND
CONTROL CIRCUIT PRIMARY
A to B 247
A to G 123
AMPERAGE CHECK: #1 24
#2 24 A
#3 A
PUMPS SEATED PROPERLY YES
B to C 245
B to G 215
A 28 B
27 B
123 SECONDARY 25
A to C 247
A to G 123
26 C PHASE
25 C PHASE
B C PHASE
OPERATOR HAS RECEIVED INSTRUCTION MANUAL YES
FIELD TEST PERFORNLANCE TEST:
#1 423 GPM TDH %2 438 GPM _T~ GPM
#3 GPM TDH #4 GPM ,...~' ~DH~Oy // GPM
I certify this report to be
Official Start-Up Date: 6/24/98
TDH
TDH
(813) 728-3787
CHARLES AMRHEIN
d/b/a
A & G Electric Inc.
17540 Oak Creek Rd.
Alva, Florida 33920
Beeper 489-8423
June 26, 1998
Halekala Construction Company
5910 Taylor Road #103
Naples, FI. 34109
RE: CARLTON LAKES #2
JUN 2.7 !99B
HALEAKALA
CONSTRUCTION,
To Whom It May Concern:
The electric service to the sewer lift station has been installed in accordance with the
approved plans and specifications. The voltage drop does not exceed 5%.
Sincerely, ..
Charles W. Amrhein
A&G Electric
jlj
Commercial · Residential · Industrial · 24 Hour Service
COLLIER
COUNTY GO ENT
COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES DIVISION
PLANNING SERVICES DEPARTMENT
ENGINEERING REVIEW SECTION
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
August14,1998
Jack McKenna
Agnoli, Barber & Brundage, Inc.
7400 Tamiami Trail N., Suite 200
Naples, Florida 34108
RE: Carlton Lakes Unit 2, Water & Sewer
Dear Mr. McKenna:
A preliminary inspection of the referenced project was conducted by Randy Casey of the
Engineering Review Section of the Planning Services Department on August 14, 1998.
Conditions were found to be acceptable, and appear to meet County standards.
If you should have any questions, please do not hesitate to call Randy Casey at (941) 403-2418
or Clyde Fugate at (941) 403-2417.
Sincerely,
Cly~O~&gate ~
Engineering Inspections Supervisor
CF/rc/den/f:\Inspection form
cc: Cindy Erb, Engineering Technician, Public Works
Timothy L. Clemons, Wastewater Director, Utilities
Ed Finn, Water Director, Utilities
Evelyn Ferguson, D.O.R. Billing Supervisor
Randy Casey,Engineering Inspector,Engineering Review Section
Shirley Nix, Engineering Tech. II,Engineering Review Section
File
Building Review & Permitting
Code Enforcement
Housing & Urban Improvement
(941) 403-2400
/941) 403-2440
(941) 403-2330
Natural Resources
Planning Services
Pollution Control
(941) 732-2505
(941) 403-2300
(941) 732-2502