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Folio #00395680106 Subordination Consent & Joinder 1 INSTR 4870465 OR 4948 PG 1689 RECORDED 7/25/2013 2:53 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Project: Sabal Bay Force Main REC$35.50 Folio Number: 00395680106 SUBORDINATION, CONSENT AND JOINDER THIS SUBORDINATION, CONSENT AND JOINDER OF EASEMENT given this 2Ljlay of [, , 2013 by CDC LAND INVESTMENTS, INC., a Florida corporation, whose address is 2550 Goodlette Road North, Suite 100, Naples, Florida 34103 (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, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112, (hereinafter referred to as "CCWSD"). Mortgagee is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain Mortgage and Security Agreement by and between Minto Sabal Bay, LLC and CDC Land Investments, Inc., dated December 27, 2012, and recorded December 28, 2012 in O.R. Book 4870, Page 345 et seq., and Contingent Mortgage and Security Agreement recorded December 28, 2012 in O.R. Book 4870, Page 373 et seq., and State of Florida Uniform Commercial Code Financing Statement Form recorded December 28, 2012 in O.R. Book 4870, Page 402 et seq. in the Public Records of Collier County, Florida (hereinafter referred to as "Mortgage"), encumbering the premises legally described therein (hereinafter collectively referred to as the "Encumbered Property"); and WHEREAS, CCWSD has requested and received from the fee simple owner of the Encumbered Property a perpetual non-exclusive easement for utility, access, and maintenance purposes over, under, on and across portions 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"); and WHEREAS, CCWSD has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that CCWSD 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 and sufficiency 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, on and across the Easement Property and any interest of CCWSD in any utility, access, and maintenance facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, on and across the Easement Property, or any utility, access and maintenance facilities located therein or affixed thereto, said Mortgage shall remain in full force and effect. 9 r IN WITNESS WHEREOF, the Mortgagee has set its hand and seal the date and year first written above. Q,,t� a CDC Land Investments, Inc., Witness (Signature) a Florida corporation Name: c1Gl/L4 ii9i e,y' (Print or Type) i . F ; itness ( ' nature) By: 0 It J I Name: ,' I (Print or Type) Name: " IA . Title: Uc4 fr 'icJeCt /er/d-a- STATE OF COUNTY OF eol/fe, Y ,Q, The foregoing Subordination,�cC?nsent and Joinder of Easement was acknowledged before me thisJ°9ay of A)A- , 2013 by Tai-rgc k L. 1.t++ er (Name), Vice.__fires t deg- (Title), on behalf of CDC Land Investments, Inc., a Florida corporation , who is [i.-]'personally known to me or [ ] who has produced as identification. (affix notarial seal) ■ '- . — 1 f ..4 (Signature of Notary Public g BO)z p+1 . 1a iz o w �1 : "'' ° ""A (Print Name of Notary Public) :• :.� Mrcoisss2s , =Bonded Th bie sth iw NOTARY PUBLIC Serial/Commission #: .6-Er 04 3 9a.q My Commission Expires: i 6 — i t, — ae i b 0 v mmam N-1 - r 2,716 m ° ° x '` P.O.B. THOMASSON RIVE 6.# m OO�A•� c o =< SABAL AY CO CORNER OF TRACT �H' TRACT ' -" 1"3 x m x'' SABAL BAY COMMERIE 8 PLAT-PHASE ONE u a•• CB PLAT BOOK 38, PAGE 81-84 _ _C.11, P" N 0 ter. c . xIN �' f t I I N r-1 , e I o 40 0% 100 14,0 C \ OA S o 5 ,. ,,,,,..„), .. ,.A o u p1 jNo�NO 1 MiM�°A o 0 8 a /0,3 r- m +moo �' r� co-1// X u m� 23 '\ 1 X v m s" ,c,`�' o� ii /: m m 1 N a g �` ~ (: �' rn AI r -) a4t 1• b \ \ m ,� 4.<� ' `' 1Di e , \ PART ov TRACT 1r . � � -114 I 0.,1.' :.-r-_" icV o�i,�y a o \ ,o•Le.F.,�` F see A.E. i e _ 9 u ,° % � �' F� c io. -0 ""'' �` o s 0 o 0m P1-0 LA i D0 73 73 N • 4 c) +4E mD D rp N N fl yY z r f m v mi T v.) T i./ (r' - I > o Ise? 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Thence along the Boundary of said Tract"H", in the following five(5)described courses: 1. 41.47 feet along the arc of a circular curve concave southwest having a radius of 38.50 feet through central angle of 61°43'19"and being subtended by a chord which bears South 62°38'56" East 39.50 feet; 2. South 31°47'17" East 59.53 feet; 3. 216.74 feet along the arc of a circular curve concave north having a radius of 135.50 feet through a central angle of 91°38'52"and being subtended by a chord which bears South 77°36'43" East 194.36 feet to a point of reverse curvature; 4. 119.05 feet along the arc of a circular curve concave south having a radius of 138.50 feet through a central angle of 49°15'00"and being subtended by a chord which bears North 81°11'21" East 115.42 feet; 5. South 74°11'12" East 586.65 feet; Thence leaving said Tract"H" boundary South 50°55'33"West 7.74 feet; Thence South 89°48'16"West 51.36 feet; Thence South 39°02'44"East 11.29 feet; Thence North 74°11'12"West 542.06 feet; Thence 95.86 feet along the arc of a non-tangential circular curve concave south having a radius of 111.29 feet through a central angle of 49°21'02"and being subtended by a chord which bears South 81°11'22"West 92.92 feet; Thence 259.93 feet along the arc of a non-tangential circular curve concave north having a radius of 162.50 feet through a central angle of 91°38'52"and being subtended by a chord which bears North 77°36'43"West 233.09 feet; Thence North 31°47'17"West 56.86 feet; Thence North 61°06'26"West 44.29 feet to the Easterly Right of Way line of Thomasson Drive according to said plat; Thence along said Right of Way line 28.50 feet along the arc of a non-tangential circular curve concave northwest having a radius of 810.00 feet through a central angle of 02°00'58"and being subtended by a chord which bears North 62°19'01" East 28.50 feet to the POINT OF BEGINNING. Containing 0.62 acres or 27,154 square feet, more or less. Subject to easements and restrictions of record. Bearings are based on the easterly line of said Tract"H", being North 50°55'33" East. Certificate of authorization#LB-7866 Stantec Consulting Services Inc. Registered Engineers and Land Surveyors By: Date: February 4,2013 Lance T Miller, Professional Surveyor and Mapper#LS5627 Not valid unless embossed with the Professional's seal. Ref. 2D-122FM fl