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Shadi of Naples INSTR 4709666 OR 4809 PG 3974 RECORDED 6/22/2012 1022 AM PAGES 6 rooLcIE T E. BROOK, CLERK OF THE CIRCUIT COURT 0.70 REC$52.50 THIS INSTRUMENT PREPARED BY&RETURN TO: R COUNTY FLORIDA.70$ JOHNP WHITE - JOHN P. WHITE,P.A. 1575 PINE RIDGE ROAD, SUITE 10 NAPLES,FLORIDA 34109 PARCEL I.D. #00135480003 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this S day of March, 2012, by Shadi of Naples, Inc., a Florida corporation (hereinafter "Shadi of Naples"), as Grantor, whose address is 13056 Valewood Drive, Naples, Florida 34119, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may he reafter be collectively referred to as the "parties." WHEREAS, Shadi of Naples is the owner of that certain tract of land located in Collier County, Florida described in Exhibit "A" attached hereto (hereinafter referred to as the "property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Shadi of Naples; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Exhibit"B" (the Easement Property). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: 1. Shadi of Naples, its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be Revised 3/10/11 1 permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. 3. Shadi of Naples, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. Revised 3/10/11 2 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: W ES: Shadi of Naples, Inc., a Florida f corporation rinted Na e: John P. W 10(LAV J �z' By: Printed Name:-7-.o'ol Rich `Mohammed M. Rahman, President Revised 3/10/11 3 STATE OF FLORIDA ) COUNTY OF COLLIER ) Thejoregoing instrument was subscribed, sworn and acknowledged before me this day of March, 2012, by Mohammed M. Rahman, as President for Shadi of Naples, Inc., a Florida corporation, on behalf of the corporation, and who is ,[ personally known to me or [ ] who produced as identification. r61:-:Tfe, JOHN P.WHITE MY COMMISSION t DD 998578 EXPIRES:June 7,2014 Bonaeanwe Nary NOTARY UBLIC A� 'nted me: My Commission Expires: Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGH E Q ,'CLERK COLLIER COUNTY, FLORIDA -� if 71, . .%-in.)141 „�. "fl C k FRED W. 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Y L2 I L"cn O N oo z I Lr LL4 yy 1- I.- LL J I- Q W W GP Si? � W OW . 4xo,Q 1 EW $ z ��g� W W ZM W O xtLiCIN I 2El Z W0 ° o ZZ CD C.) o 86k1 I 3Z U L. 11 W g I 2m1_ 0 °O W W g f/) Q Cn Lt.., Z Z N 25a 6 N I W aN' W`Na Z II II II vvi waza 1Q= w� c�5 �� aici 0 < mc°nz eV v as / ..�o '' 1 Receipt# 007258349 6/22/2012 10:22:28 AM Dwight E. Brock Clerk of the Circuit Court js% HF.'C11t�' aaa- a — a - OTh' aa — ED[ Customer Deputy Clerk Clerk Office Location CLERK TO THE BOARD Stella M Repetti Collier County Govt. Center CLERK OF CIRCUIT COURT- Stella.Repetti @CollierClerk.com Building LA, 2nd Floor MIN & REC (239) 252-7197 3315 Tamiami Trl E Ste 102 3299 TAMIAMI TRL E STE 401 Naples, Florida 34112-4901 NAPLES, FL 34112 1 Document Recorded DOC TYPE INSTRUMENT BOOK PAGE AMOUNT Easement 4709666 4809 3974 $53.20 TOTAL AMOUNT DUE $53.20 Original Balance: $0.00 (6/22/2012 10:22:28 AM) Deposit Account#: W-37120 (JOHN P WHITE PA) ($53.20) BALANCE DUE $0.00 Note: 6/22/2012 10:22:28 AM Stella M Repetti: SHADI OF NAPLES/MINERS MARKET Disclaimer:All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and to assess or refund charges as needed. VDillI]OQr@li® ©CM Page 1 of 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Sue Filson(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Ian Mitchell,Executive Manager Board of County Commissioners 414iz.. 2. Minutes and Records Clerk of Court's Office 3 Li-/ //1 — 4. PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Chris D'Arco Phone Number 252-2497 Contact Agenda Date Item was 6/22/04 Agenda Item Number 16B5 Approved by the BCC Type of Document Conservation Easement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be X signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, resolutions,etc.signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the X document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's X signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC on (enter date)and all changes made during the meeting have been incorporated in the attached document.The County Attorney's Office has reviewed the changes,if applicable. **Please file in BMR Real Property** I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES DEPARTMENT INTEROFFICE MEMORANDUM TO: Board of County Commissioners of Collier County FROM: Chris D'Arco, Environmental Services Dept. DATE: 3/19/2012 RE: Acceptance of Conservation Easement Attached is a Conservation Easement for Miners Market(PL2011-1120). In accordance with Resolution No. 2004-209, approved by the Board of County Commissioners on June 22, 2004 under Agenda Item No. 16B5, I am requesting that if this Conservation Easement is acceptable, please sign or stamp as to approval of this Conservation Easement, and forward it, along with the attachments, to the Clerk for attestation and recording. Thank you for your consideration of this matter. If you have any questions, feel free to contact Chris D'Arco at (239) 252-2497. Attachments SITE VISIT REPORT PROJECT NAME: Miners Market CONDUCTED BY: Chris D'Arco DATE OF SITE VISIT: 3/2/2012 FINDINGS: Preserve area is free and clear of buildings, structures,power lines, fences, dikes, garbage, offensive material, abandoned vehicles,petroleum products and any other contamination. The site shows no signs of dredging or removal of soil or plant material. . The conservation easement property has generally been left in its natural state. The only alteration from its current state that is allowed is the hand removal of exotic species and nuisance vines. OFFICE OF THE COLLIER COUNTY ENVIRONMENTAL SERVICES DEPARTMENT INTEROFFICE MEMORANDUM TO: Clerk to the Board, Board Minutes and Records FROM: Chris D'Arco, Environmental Services Department DATE: 3/19/2012 RE: Attestation and Recording of Conservation Easement Attached is a Conservation Easement for Miners Market which has been approved by the Board of County Commissioners. Please attest as usual and hold the original documents until the applicant provides payment for recording. Then forward the packet to the Recording Department. Thank you for your assistance in this matter. Please send me a copy of the receipt via interoffice mail. Please send an email to Christopherdarco @colliergov.net when the easement has been recorded. If you have any questions, feel free to contact me at (239) 252-2497. Attachments Routing Slip Conservation Easement