Backup Documents 05/27/2014 Item #16A 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 4 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. the completed routing slip and original documents are to he forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
2.
3. County Attorney Office County Attorney Office 7/10/14
4. BCC Office Board of County T4)
Commissioners -S
5. Minutes and Records Clerk of Court's Office NAC ) `l t`k-t
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff John Houldswort Phone Number x-5757
Contact/ Department
Agenda Date Item was May 27,2014 Agenda Item Number 16-A2
Approved by the BCC
Type of Document Construction& Maintenance Agreement Number of Original Two
Attached and Performance Bond —Fiddlers Creek Documents Attached
Marsh Cove,Phase 1
PO number or account
number if document is
to be recorded
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. Does the document require the chairman's original signature? JH
2. Does the document need to be sent to another agency for additional signatures? If yes, JH
provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman,with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
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!
8. The document was approved by the BCC on Mav 27,2014 and all changes made
during the meeting have been incorporated in the attached document. The County A .ie'+5%iytir,
Attorney's Office has reviewed the changes,if applicable. iroir z`tt Iii
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for th
Chairman's signature. ?ii+
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9,03.04,Revised 1.26.05,Re• • 11`.' ised 11/30/12
16A2
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this Z7 day of f / , 20 /4- between
FCC MARSH,LLC hereinafter referred to as "Developer," and the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as the "Board.
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the
Board of certain plat of a subdivision to be known as: FIDDLER'S CREEK-MARSH COVE,PHASE
B. Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision
regulations, said guarantees to be incorporated in a bonded agreement for the construction of the
required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set
forth, Developer and the Board do hereby covenant and agree as follows:
Water, wastewater, paving ,drainage, grading, signage
1. Developer will cause to be constructed: marking & lighting, landscaping & irrigation.
within 36 months from the date of approval said subdivision plat, said improvements
hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and
by reference made a part hereof) in the amount of$2,978,915.43 -which amount represents 10% of
the total contract cost to complete the construction plus 100% of the estimated cost of to complete
the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such improvements
within the time required by the Land Development Code, Collier may call upon the subdivision
performance security to insure satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until a statement of substantial
completion by Developer's engineer along with the final project records have been furnished to be
reviewed and approved by the County Manager or his designee for compliance with the Collier
County Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of
substantial completion, either: a) notify the Developer in writing of his preliminary approval of the
improvements; or b) notify the Developer in writing of his refusal to approve improvements,
therewith specifying those conditions which the Developer must fulfill in order to obtain the County
Manager's approval of the improvements. However, in no event shall the County Manager or his
designee refuse preliminary approval of the improvements if they are in fact constructed and
submitted for approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one year after
preliminary approval by the County Manager or his designee. After the one year maintenance period
by the Developer has terminated, the Developer shall petition the County Manager or his designee to
inspect the required improvements. The County Manager or his designee shall inspect the
improvements and, if found to be still in compliance with the Land Development Code as reflected by
final approval by the Board, the Board shall release the remaining 10% of the subdivision
performance security. The Developer's responsibility for maintenance of the required improvements
shall continue unless or until the Board accepts maintenance responsibility for and by the County.
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7. Six(6) months after the execution of this Agreement and once within every six (6) months thereafter
the Developer may request the County Manager or his designee to reduce the dollar amount of the
subdivision performance security on the basis of work complete, Each request for a reduction in the
dollar amount of the subdivision performance security shall be accompanied by a statement of
substantial completion by the Developer's engineer together with the project records necessary for
review by the County Manager or his designee. The County Manager or his designee may grant the
request for a reduction in the amount of the subdivision performance security for the improvements
completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon
certification of such failure, the County Manager or his designee may call upon the subdivision
performance security to secure satisfactory completion, repair and maintenance of the required
improvements. The Board shall have the right to construct and maintain, or cause to be constructed
or maintained, pursuant to public advertisement and receipt and acceptance of bids, the
improvements required herein. The Developer, as principal under the subdivision performance
security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the
final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent
costs, together with any damages, either direct or consequential, which the Board may sustain on
account of the failure of the Developer to fulfill all of the provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding upon the
Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the ev�loper have caused this Agreem nt to be executed by
their duly authorized representatives this ay of - I f 20 l4
SIGNED IN THE PRESENCE OF: (Name o r tity)FC9 Vq . ' fa LLC
</0/)/L,91 6.? ///r_44 By: 41L/4_..L1 «/
Printed N mel Aubr- J. Ferrao
Printed Name/Title Manager&President,and not individually
(President,VP,or CEO)
(Provide Proper Evidence of Authority)
Printed Name \ BRITTANY A.SHELDRICK,Nuldry Pubfiu
e�+k
, v4 O-'Te My Commission Expires February 10,2015
ATTEST:w�5. 01 I 4. i .Ir. ;� • Mil e; 111
DWIGHT E.BROCK,CLE-K BOARD OF COUNTY C•MMIS TONERS
t as t0 air it. I' OF COLLIER COU
By: EMI�.� � '�;..r - .nfy. By: _
Deputy Clerk i A —. � OM VLe.0011ln; ."r A.A,=
Approved as to form an.egality: f■111111M
Scott A. Stone
Assistant County Attorney
1642
PERFORMANCE BOND
BOND NO. K09077558
KNOW ALL PERSONS BY THESE PRESENTS:that
FCC MARSH, LLC (Name of Owner)
8156 Fiddler's Creek Parkway (Address of Owner)
Naples, Florida 34114 (Address of Owner)
(Hereinafter referred to as"Owner") and
Westchester Fire Insurance Company (Name of Surety)
436 Walnut Street, WA1 OH (Address of Surety)
Philadelphia, PA 19106 (Address of Surety)
212-479-3722 (Telephone Number)
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of two mullion nine hundred seventy eight thousand nine hundred fifteen dollars and 43 1100 Dollars
($2,978,915.43 ) in lawful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and
severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context
requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board of a certain subdivision plat named Fiddler's Creek-Marsh Cove,Phase 1 and that
certain subdivision shall include specific improvements which are required by Collier County Ordinances
and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall
commence on the date this Bond is executed and shall continue until the date of final acceptance by the
Board of County Commissioners of the specific improvements described in the Land Development
Regulations(hereinafter the "Guaranty Period").
NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties
in accordance with the Land Development Regulations during the guaranty period established by the
County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save
harmless the County from and against all costs and damages which it may suffer by reason of owner's
failure to do so, and shall reimburse and repay the County all outlay and expense which the County may
incur in making good any default, then this obligation shall be void, otherwise to remain in full force and
effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that
no change, extension of time, alteration, addition or deletion to the proposed specific improvements
shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change,
extension of time, alteration, addition or deletion to the proposed specific improvements.
PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the
16A2
Owner and the Surety to the full and faithful performance in accordance with the Land Development
Regulations. The term "Amendment", wherever used in this Bond, and whether referring to this Bond,
or other documents shall include any alteration, addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 23rd day of June / 2014 /
WITNESSES: (Owner . e and Titl ' C•rp�tion) FCC Marsh, LLC
•0007-41 1204 , By: /di
Au. ey J. Ferrao,
Printed Name Printed Nam- Title Manager and President, and not individually
Westchester Fire Insurance Company
,t/ (Provide Proper Evidence of Authority) p y
�N'f , Sure
Printed Name by: 6 ,JZZA../ie
Cynt is Farrell, Attorney-in-fact and FL Non-Resident Agent,
License No. #E166034
ACKNOWLEDGEMENT
STATE OF Jerrno(Yv
COUNTY OF W Thick --
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
/JLhe / 2. , 20 (1.} , by Aubrey J. Ferrao (NAME
OF ACKNOWLEDGER) Agianager & Presider(tFITLE) OF FCC Marsh, LLC (NAME OF
COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED £r\ger'S LteerT5
AS IDENTIFICATION.
Notary Public—State of V.€r,�,Y(('�lDn 7" e
(SEAL) �C��t tal,..�UtVLjt-�L �,N\
Printed Name
16A2
ACKNOWLEDGEMENT OF SURETY
STATE OF NEW YORK )
CITY OF NEW YORK )SS:
COUNTY OF NEW YORK
On this 23rd day of June in the year 2014, before me personally came to me known, who,
being by me duly sworn, did depose and say that Cynthia Farrell that he/she resides in New York,
New York that she is the Attorney-in-Fact of Westchester Fire Insurance Company, the
corporation described in and which executed the above instrument; and that he/she signed his/her
name thereto by order of the Board of Directors of said Corporation.
AAA 4 4
Notary Public or Commissionerineeds
.-
SANDRA A DIAZ
tate of New York
281042 w York Cou ty ires 1
1 (I 4
Power of WESTCHESTER FIRE INSURANCE COMPANY
Attorney
. Know all men by these presents:That WESTCHESTER FiRE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution,adopted by the Board of Directors of the said Company on December 11,2006,to wit:
"RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings.recognizances,contracts and other written commitments of the Company
entered into the ordinary course of business(each a"Written Commitment"):
(I) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any W ntten Commitment for and on behalf of the Company,under the seal of the Company or
otherwise.
(2) Each duly appointed attorney-in-fact of the Company to hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that
such action is authorized by the grant of power'provided for in such persons written appointment as such attomey-in-fact.
(3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-in-fact of the Company with
full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written
appointmem,which specification may be by general type or clys of Written Commitments or by specification of one or more particular Written Commitments. .
(4) Each of the Chairman,the President and Vice Presidents of the Company in hereby authorized for and on behalf of the Company,to delegate in writing any other officer of the Company the authority to
execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by
general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitmem or appointment or delegation pursuant to this Resolution,and the sal of the Company,may be affixed by facsimile on such
Written Comrratntent or written appointment or delegation.
FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be en exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the
Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested.
Does hereby nominate,constitute and appoint Annette M Leuschner,Cynthia Farrell,Debra A Deming,Edward Reilly,Evangeline L Dominick,Jessica lannotta,Kelly
O'Malley,Kevin T Walsh Jr.,Sandra Diaz,Thomas Rhatigan,Valorie Spates,Vivian Carti,all of the City of NEW YORK,New York,each individually if there be
more than one named,its true and lawful attorney-in-fact,to make,execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings,
recognizances,contracts and other writings in the nature thereof in penalties not exceeding Twenty Five million dollars&zero cents($25,000,000.00)and the
execution of such writings in pursuance of these presents shall be as binding upon said Company,as fully and amply as if they had been duly executed and
acknowledged by the regularly elected officers of the Company at its principal office,
iN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
FiRE INSURANCE COMPANY this 24 day of April 2014.
WESTCHESTER FIRE INSURANCE COMPANY
•
m ( _
Stephen M.Haney.Vice President
t�
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss:
On this 24 day of April,AD,2014 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen
M.Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the
preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate seal of said Company;that
the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Directors
of said Company,referred to in the preceding instrument,is now in force.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
Cti.ly
aryl+! 1,14.7. CCnmNaOMWtJyTNOIPfe1MiKYAMA NOTARIAL SOL
Q.i .1. RAIIl1 E MADE
Srn.4•,`1 L• ,A,r C�otllM
Co�Meoa * Viai¢t1,
N4.earT NAM
I,the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWEIj,OF ATTORNEY,of
which the foregoing is a substantially true and correct copy,is in full force and effect. r
LL I In witness whereof,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this day of-7O'1O of /
il■•• Ike
' Nln.ain L Keg),AsaittanI aaNary
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER April 24,2016.
•
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I '
THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. •
16A2
WESTCHESTER FIRE INSURANCE COMPANY-NAIC# 10030
FINANCIAL STATEMENT DECEMBER 31, 2013
ADMITTED ASSETS
BONDS $1,774,825,880
SHORT-TERM INVESTMENTS 20,014,453
STOCKS 0
REAL ESTATE 0
CASH ON HAND AND IN BANK 28,898,475
PREMIUM IN COURSE OF COLLECTION* 73,348,856
INTEREST ACCRUED 16,193,041
OTHER ASSETS 142,805,499
TOTAL ASSETS $2,056,086,204
LIABILITIES
RESERVE FOR UNEARNED PREMIUMS $162,490,379
RESERVE FOR LOSSES 1,003,690,742
RESERVE FOR TAXES 2,386,131
FUNDS HELD UNDER REINSURANCE TREATIES 2,053,210
OTHER LIABILITIES (21,105,132)
TOTAL LIABILITIES 1,149,515,330
CAPITAL: 70,000 SHARES,$71.43 PAR VALUE 5,000,100
CAPITAL: PAID IN 295,331,592
AGGREGATE WRITE-INS FOR SPECIAL SURPLUS FUNDS 115,190,473
SURPLUS(UNASSIGNED) 491,048,709
SURPLUS TO POLICYHOLDERS 906,570,874
TOTAL $2,056,086,204
(*EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.)
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
John P.Taylor, being duly sworn,says that he is Senior Vice President of
Westchester Fire Insurance Company and that to the best of his knowledge and belief the
foregoing is a true and correct statement of the said Company's financial condition as of the
31 st day of December,2013.
Sworn before m this
Senior V' 'e President
/ t
Notary Public % My remission expires
�l
COMMONWEALTH OF PENNSYLVANIA
r
Notarial Seal
Diane Wright,Notary Public
City of Philadelphia,Philadelphia County
My Commission Expires Aug.8,2-015
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP°1 L
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 V Pi
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to he forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines 41 through#2 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#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office I .7 r,t)/(y
4. BCC Office Board of County ( -
Commissioners \/1 [
5. Minutes and Records Clerk of Court's Office
11 It if
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in e event one of the
addressees above,may need to contact staff for additio al or missing information.
Name of Primary Staff John Houldswort Phone Number x-5757
Contact/ Department
Agenda Date Item was May 27,2014 Agenda Item Number 16-A2
Approved by the BCC
Type of Document Plat-Fiddlers Creek Marsh Cove, Phase 1 Number of Original ones Ty,r u
Attached 1 -t t Mo r+�y�4t�`5 G e�n°a„„-t-s Documents Attached
PO number or account
number if document is
to be recorded
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. Does the document require the chairman's original signature? JH
2. Does the document need to be sent to another agency for additional signatures? If yes, JH
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
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!
8. The document was approved by the BCC on May 27,2014 and all changes made ,
during the meeting have been incorporated in the attached document. The County �� , i:3
Attorney's Office has reviewed the changes, if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
a9
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature. °
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A2
•
This Instrument prepared Without
Review or Opinion of Title By:
Mark J.Woodward,Esquire
Woodward,Pires&Lombardo,P.A.
3200 Tamiami Trail North,Suite 200
Naples,Florida 34103
Telephone: (239)649-6555
MORTGAGEE'S CONSENT
TO PLAT OF
FIDDLER'S CREEK.MARSH COVE—PHASE 1
STATE OF NEW YORK
COUNTY OF NEW YORK
The undersigned hereby certifies that MOUNT KELLETT FIDDLER'S LENDER LLC,a Delaware
limited liability company, as Collateral Agent (as Mortgagee), the holder of an Amended, Restated and
Consolidated Mortgage, Assignments of Rents, Security Agreement and Fixture Filing (the "Mortgage")
executed by FCC Aviamar,LLC,a Florida limited liability company,FCC Marsh,LLC,a Florida limited
liability company,FCC Preserve,LLC,a Florida limited liability company,FCC Commercial,LLC,a Florida
limited liability company,FCC Veneta,LLC,a Florida limited liability company,FCC Veneta,LTD.,a Florida
limited partnership,and GB 31,Ltd.,a Florida limited partnership,as Mortgagors,dated September 2,2011,
recorded September 9,2011 in O.R.Book 4717,Page 1762;and re-recorded September 23,2011 in O.R.Book
4721,Page 1642;and UCC Financing Statements and their respective Assignments whereas they are assigned
to Mount Kellett Fiddler's Lender LLC recorded in O.R.Book 4299,Page 3986;Assignment in O.R.Book
4721,Page 1639;O.R.Book 4362,Page 3594;Assignment in O.R.Book 4721,Page 1640;O.R.Book 4416,Page
4170; Assignment in O.R. Book 4721, Page 1641; all of the Public Records of Collier County,Florida(as
assigned,collectively the"UCC Financing Statements"), which Mortgage and UCC Financing Statements
encumber a portion of the property described on Exhibit"A"attached hereto,does hereby consent to the
Fiddler's Creek,Marsh Cove-Phase 1 Plat recorded in Plat Book ,Page ,Public Records
of Collier County,Florida(the"Fiddler's Creek,Marsh Cove—Phase 1 Plat")an unrecorded copy of which is
attached hereto as Exhibit"B", and agrees that the Mortgage and the UCC Financing Statements shall be
subordinate solely to the dedications and reservations expressly shown on the Fiddler's Creek,Marsh Cove—
Phase 1 Plat. Except as expressly subordinated herein,the Mortgage and the UCC Financing Statements shall
remain in full force and effect.
IN WITNESS WHEREOF,MOUNT KELIrETT FIDDLER'S LENDER LLC,has caused this Consent to
be duly executed on this 1 day of U. 1 ,2014.
MOUNT KELLETT FIDDLER'S LENDER LLC,a
Delaware limited liability company
Signs fitness ill
Prin am AsJ 1-4/4 By: Mount Kellett Master Fund I,L.P.,
t1_, Its managing member
Signs W By: Mount Kellett Capital Partners GP
Name: �v LLC,its general partner
B I d/
Printed Na Jonathan Fiorello
Title: . orized Signatory
The foregoing instrument was acknowledged before me this i day of J ,2014,by
Jonathan Fiorello as Authorized Signatory of MOUNT KELLETT CAPITAL PARTNERS G LLC,the general
partner of MOUNT KELLETT MASTER FUND I,L.P.,the managing member of MOUNT KELLETT FIDDLER'S
LENDER LLC,a Delaware limited liability company,on behalf of the limited liability company. He isjersonally,
known to me r produced as identification.
MARGARET M.MCGEHEE 41
Notary Public,Stets of New York 4 Print Name: Mai—W` tit, M,C64•44-
No.01MC6304384 a, Notary Public
Querdied in New York County 1 Commission No. 0 J MC VI 0234 `�'
ion Ei�May 5, 1
2018 My Commission Expires: si lg
Comm �^M"� (SEAL)
16A2
MOUNT KELLETT FIDDLER'S LENDER LLC
CERTIFICATE OF INCUMBENCY
The undersigned hereby certifies that:
1. The undersigned is the duly elected and acting Authorized Signatory of Mount Kellett
Fiddler's Lender,LLC("MK").
2. Jonathan Fiorello is the duly elected and acting Authorized Signatory of MK.
3. Jonathan Fiorello,as such officer,is duly authorized,for and on behalf of MK,as agent
for the benefit of the lenders,to approve the Mortgagee's Consent to Plat of Fiddler's Creek,Marsh Cove
Phase 1 and execute and deliver any and all agreements,affidavits,receipts,certificates,instruments,and
other documents of any kind in relation thereto.
4. The signature of Jonathan Fiorello below is his true and customary signature.
IN WITNES WHEREOF,the undersigned has signed this Certificate of Incumbency as of this
`~day of ,2014.
WITN SES:
sine:Alm+' Ltu Print me: onathan Fiorello
Titre uthorized Signatory
d�
' Name trafilIVIr?N
mos
F:\USERS\WANDA\FIDDLERS\Asbtoo Woods\Mortattaee's Consent-Mount Kellett.6-25-14.doe=
1642
EXHIBIT "A"
PROPERTY DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF SECTIONS, 13, 23 AND 24,TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF TRACT L-36, FIDDLER'S CREEK PHASE 3, UNIT ONE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40 AT PAGES 85-100 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,THE SAME BEING A POINT ON A CIRCULAR
CURVE, CONCAVE SOUTHEASTERLY,WHOSE RADIUS POINT BEARS S.69°39'43"E.,THEREFROM;
THENCE RUN NORTHEASTERLY,ALONG THE BOUNDARY OF SAID TRACT L-36 AND ALONG THE
ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 375.00 FEET,THROUGH A CENTRAL
ANGLE OF 06°11'15", SUBTENDED BY A CHORD OF 40.48 FEET AT A BEARING OF N.23°25'54"E.,
FOR A DISTANCE OF 40.50 FEET TO A POINT OF REVERSE CURVE CONCAVE WESTERLY;THENCE
RUN NORTHERLY,ALONG THE BOUNDARY OF SAID TRACT L-36 AND ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 255.00 FEET,THROUGH A CENTRAL ANGLE OF
21°07'02", SUBTENDED BY A CHORD OF 93.45 FEET AT A BEARING OF N.15°58'01"E., FOR A
DISTANCE OF 93.98 FEET TO THE END OF SAID CURVE;THENCE RUN N.05°24'30"E.,ALONG THE
BOUNDARY OF SAID TRACT L-36 FOR A DISTANCE OF 115.17 FEET,TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY;THENCE RUN NORTHERLY,ALONG
THE BOUNDARY OF SAID TRACT L-36 AND ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 25.00 FEET,THROUGH A CENTRAL ANGLE OF 85°45'07", SUBTENDED BY A
CHORD OF 34.02 FEET AT A BEARING OF N.37°28'04"W., FOR A DISTANCE OF 37.42 FEET TO A
POINT OF REVERSE CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY,
ALONG THE BOUNDARY OF SAID TRACT L-36 AND ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 650.00 FEET,THROUGH A CENTRAL ANGLE OF 30°49'37",
SUBTENDED BY A CHORD OF 345.52 FEET AT A BEARING OF N.64°55'49"W., FOR A DISTANCE OF
349.72 FEET TO THE END OF SAID CURVE AND TO A POINT ON THE BOUNDARY OF TRACT R-3, OF
SAID FIDDLER'S CREEK PHASE 3, UNIT ONE;THENCE RUN N.40°29'00"E.,ALONG THE BOUNDARY
OF SAID TRACT R-3, FOR A DISTANCE OF 100.00 FEETTO A POINT ON A CIRCULAR CURVE,
CONCAVE NORTHEASTERLY,WHOSE RADIUS POINT BEARS N.40°29'00"E.,THEREFROM,THE
SAME BEING A POINT ON THE BOUNDARY OF TRACT B-7B, OF SAID FIDDLER'S CREEK PHASE 3,
UNIT ONE;THENCE RUN NORTHWESTERLY,ALONG THE BOUNDARY OF SAID TRACT B-7B AND
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 550.00 FEET,THROUGH A
CENTRAL ANGLE OF 00°39'21", SUBTENDED BY A CHORD OF 6.29 FEET AT A BEARING OF
N.49°11'20"W., FOR A DISTANCE OF 6.29 FEET TO A POINT OF REVERSE CURVE CONCAVE
SOUTHWESTERLY;THENCE RUN NORTHWESTERLY,ALONG THE ARC OF SAID CURVE TO THE
LEFT, HAVING A RADIUS OF 1700.00 FEET,THROUGH A CENTRAL ANGLE OF 08°40'30",
SUBTENDED BY A CHORD OF 257.15 FEET AT A BEARING OF N.53°11'55"W., FOR A DISTANCE OF
257.39 FEET TO THE END OF SAID CURVE;THENCE RUN N.34°01'14"E., FOR A DISTANCE OF 159.37
FEET;THENCE RUN N.74°59'26"E., FOR A DISTANCE OF 569.88 FEET;THENCE RUN N.59°24'32"E.,
FOR A DISTANCE OF 465.29 FEET;THENCE RUN N.86°15'27"W., FOR A DISTANCE OF 91.66 FEETTO
THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY;THENCE RUN
NORTHERLY,ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 57.27 FEET,
THROUGH A CENTRAL ANGLE OF 116°45'34", SUBTENDED BY A CHORD OF 97.54 FEET AT A
BEARING OF N.27°52'40"W., FOR A DISTANCE OF 116.71 FEET TO THE END OF SAID CURVE;
THENCE RUN N.30°57'38"E., FOR A DISTANCE OF 36.90 FEET;THENCE RUN N.63°01'27"E., FOR A
DISTANCE OF 40.19 FEET;THENCE RUN N.87°28'12"E., FOR A DISTANCE OF 83.48 FEET;THENCE
RUN N.69°24'36"E., FOR A DISTANCE OF 104.45 FEET;THENCE RUN N.62°12'56"E., FOR A
DISTANCE OF 74.17 FEET;THENCE RUN S.62°09'28"E., FOR A DISTANCE OF 41.83 FEETTO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY;THENCE RUN
NORTHEASTERLY,ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 44.61
FEET,THROUGH A CENTRAL ANGLE OF 106°11'50", SUBTENDED BY A CHORD OF 71.34 FEET AT A
BEARING OF N.64°44'37"E., FOR A DISTANCE OF 82.68 FEET TO THE END OF SAID CURVE; THENCE
RUN N.39°08'37"E., FOR A DISTANCE OF 20.81 FEET; THENCE RUN N.85°33'04"E., FOR A DISTANCE
OF 64.23 FEET;THENCE RUN N.50°24'21"E., FOR A DISTANCE OF 27.23 FEET;THENCE RUN
N.16°33'43"E., FOR A DISTANCE OF 33.10 FEET;THENCE RUN N.75°58'25"E., FOR A DISTANCE OF
30.41 FEET;THENCE RUN S.78°08'39"E., FOR A DISTANCE OF 81.54 FEET;THENCE RUN
S.22°03'03"E., FOR A DISTANCE OF 30.36 FEET;THENCE RUN N.78°21'57"E., FOR A DISTANCE OF
34.71 FEET;THENCE RUN S.60°17'40"E., FOR A DISTANCE OF 33.65 FEET;THENCE RUN
S.32°52'33"E., FOR A DISTANCE OF 33.65 FEET;THENCE RUN S.05°11'15"E., FOR A DISTANCE OF
42.52 FEET;THENCE RUN S.19°58'49"W., FOR A DISTANCE OF 46.85 FEET;THENCE RUN
16AZ .
•
S.44°23'23'W., FOR A DISTANCE OF 45.11 FEET;THENCE RUN S.50°57'00"W., FOR A DISTANCE OF
216.63 FEETTO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY;
THENCE RUN SOUTHERLY,ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF
30.00 FEET,THROUGH A CENTRAL ANGLE OF 79°18'12", SUBTENDED BY A CHORD OF 38.29 FEET
AT A BEARING OF S.11°17'54"W., FOR A DISTANCE OF 41.52 FEET TO A POINT OF REVERSE
CURVE CONCAVE WESTERLY;THENCE RUN SOUTHERLY,ALONG THE ARC OF SAID CURVE TO
THE RIGHT, HAVING A RADIUS OF 80.00 FEET,THROUGH A CENTRAL ANGLE OF 34°22'31",
SUBTENDED BY A CHORD OF 47.28 FEET AT A BEARING OF S.11°09'56"E., FOR A DISTANCE OF
48.00 FEET TO A POINT OF REVERSE CURVE CONCAVE NORTHEASTERLY; THENCE RUN
SOUTHEASTERLY,ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 56.00
FEET,THROUGH A CENTRAL ANGLE OF 79°27'29", SUBTENDED BY A CHORD OF 71.59 FEET AT A
BEARING OF S.33°42'25"E., FOR A DISTANCE OF 77.66 FEET TO A POINT OF REVERSE CURVE
CONCAVE SOUTHWESTERLY;THENCE RUN SOUTHEASTERLY,ALONG THE ARC OF SAID CURVE
TO THE RIGHT, HAVING A RADIUS OF 62.00 FEET,THROUGH A CENTRAL ANGLE OF 66°26'56",
SUBTENDED BY A CHORD OF 67.94 FEET AT A BEARING OF S.40°12'41"E., FOR A DISTANCE OF
71.91 FEET TO THE END OF SAID CURVE;THENCE RUN S.06°59'12"E., FOR A DISTANCE OF 64.50
FEETTO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHERLY,WHOSE RADIUS POINT BEARS
S.06°59'12"E.,THEREFROM;THENCE RUN EASTERLY,ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 700.00 FEET,THROUGH A CENTRAL ANGLE OF 00°58'56",
SUBTENDED BY A CHORD OF 12.00 FEET AT A BEARING OF N.83°30'16"E., FOR A DISTANCE OF
12.00 FEET TO THE END OF SAID CURVE;THENCE RUN S.06°00'16"E., FOR A DISTANCE OF 100.00
FEETTO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHERLY,WHOSE RADIUS POINT BEARS
S.06°00'16"E., THEREFROM;THENCE RUN EASTERLY,ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 600.00 FEET,THROUGH A CENTRAL ANGLE OF 44°32'41",
SUBTENDED BY A CHORD OF 454.81 FEET AT A BEARING OF S.73°43'56"E., FOR A DISTANCE OF
466.47 FEET TO A POINT OF REVERSE CURVE CONCAVE NORTHEASTERLY;THENCE RUN
SOUTHEASTERLY,ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 600.00
FEET,THROUGH A CENTRAL ANGLE OF 29°12'28", SUBTENDED BY A CHORD OF 302.56 FEET AT A
BEARING OF S.66°03'49"E., FOR A DISTANCE OF 305.86 FEET TO THE END OF SAID CURVE;
THENCE RUN S.09°19'57'W., FOR A DISTANCE OF 97.87 FEETTO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY;THENCE RUN SOUTHERLY, ALONG THE
ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00 FEET,THROUGH A CENTRAL
ANGLE OF 10°14'21", SUBTENDED BY A CHORD OF 17.85 FEET AT A BEARING OF S.14°27'08'W.,
FOR A DISTANCE OF 17.87 FEET TO THE END OF SAID CURVE;THENCE RUN S.19°34'18'W., FOR A
DISTANCE OF 503.13 FEET;THENCE RUN S.24°32'19"W., FOR A DISTANCE OF 250.94 FEETTO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN
SOUTHWESTERLY,ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00
FEET,THROUGH A CENTRAL ANGLE OF 31°42'25", SUBTENDED BY A CHORD OF 54.64 FEET AT A
BEARING OF S.40°23'31"W., FOR A DISTANCE OF 55.34 FEET TO A POINT OF REVERSE CURVE
CONCAVE EASTERLY;THENCE RUN SOUTHERLY,ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 235.00 FEET,THROUGH A CENTRAL ANGLE OF 79°45'15", SUBTENDED BY A
CHORD OF 301.34 FEET AT A BEARING OF S.16°22'07'W., FOR A DISTANCE OF 327.11 FEET TO A
POINT OF REVERSE CURVE CONCAVE WESTERLY;THENCE RUN SOUTHERLY,ALONG THE ARC
OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET,THROUGH A CENTRAL ANGLE
OF 38°35'37", SUBTENDED BY A CHORD OF 33.05 FEET AT A BEARING OF S.04°12'42"E., FOR A
DISTANCE OF 33.68 FEET TO THE END OF SAID CURVE;THENCE RUN S.15°05'06'W., FOR A
DISTANCE OF 181.86 FEETTO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHERLY,WHOSE
RADIUS POINT BEARS S.15°05'18"W.,THEREFROM;THENCE RUN WESTERLY,ALONG THE ARC OF
SAID CURVE TO THE LEFT, HAVING A RADIUS OF 749.86 FEET,THROUGH A CENTRAL ANGLE OF
69°04'01", SUBTENDED BY A CHORD OF 850.17 FEET AT A BEARING OF S.70°33'17"W., FOR A
DISTANCE OF 903.92 FEET TO THE END OF SAID CURVE;THENCE RUN N.50°11'05"W., FOR A
DISTANCE OF 1004.40 FEET TO A POINT ON THE BOUNDARY OF SAID FIDDLER'S CREEK PHASE 3,
UNIT ONE;
THENCE RUN THE FOLLOWING 14 COURSES ALONG THE BOUNDARY OF SAID FIDDLER'S CREEK
PHASE 3, UNIT ONE:
1. THENCE RUN N.29°28'08"E., FOR A DISTANCE OF 79.27 FEET;
2. THENCE RUN N.50°13'17"W., FOR A DISTANCE OF 32.68 FEET,TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY;
16A2
3.THENCE RUN NORTHWESTERLY,ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 68.00 FEET,THROUGH A CENTRAL ANGLE OF 17°52'35", SUBTENDED BY A CHORD OF
21.13 FEET AT A BEARING OF N.59°09'34"W., FOR A DISTANCE OF 21.22 FEET TO A POINT OF
REVERSE CURVE CONCAVE NORTHEASTERLY;
4.THENCE RUN NORTHWESTERLY,ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 780.00 FEET,THROUGH A CENTRAL ANGLE OF 22°02'17", SUBTENDED BY A CHORD OF
298.17 FEET AT A BEARING OF N.57°04'43"W., FOR A DISTANCE OF 300.02 FEET TO A POINT OF
REVERSE CURVE CONCAVE SOUTHWESTERLY;
5. THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 335.00 FEET, THROUGH A CENTRAL ANGLE OF 08°36'01", SUBTENDED BY A CHORD OF
50.24 FEET AT A BEARING OF N.50°21'35"W., FOR A DISTANCE OF 50.28 FEET TO THE END OF SAID
CURVE;
6.THENCE RUN N.54°39'36"W., FOR A DISTANCE OF 296.12 FEET, TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY;
7.THENCE RUN NORTHERLY,ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS
OF 125.00 FEET,THROUGH A CENTRAL ANGLE OF 66°52'05", SUBTENDED BY A CHORD OF 137.74
FEET AT A BEARING OF N.21°13'33'W., FOR A DISTANCE OF 145.88 FEET TO A POINT OF
COMPOUND CURVE CONCAVE SOUTHEASTERLY;
8.THENCE RUN NORTHEASTERLY,ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 97.09 FEET,THROUGH A CENTRAL ANGLE OF 67°22'34", SUBTENDED BY A CHORD OF
107.71 FEET AT A BEARING OF N.45°53'47"E., FOR A DISTANCE OF 114.18 FEET TO A POINT OF
REVERSE CURVE CONCAVE NORTHWESTERLY;
9.THENCE RUN NORTHEASTERLY,ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 117.59 FEET,THROUGH A CENTRAL ANGLE OF 77°51'52", SUBTENDED BY A CHORD OF
147.78 FEET AT A BEARING OF N.40°39'08"E., FOR A DISTANCE OF 159.80 FEET TO A POINT OF
REVERSE CURVE CONCAVE SOUTHEASTERLY;
10.THENCE RUN NORTHEASTERLY,ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 74.27 FEET,THROUGH A CENTRAL ANGLE OF 57°48'14", SUBTENDED BY A CHORD OF
71.79 FEET AT A BEARING OF N.30°37'19"E., FOR A DISTANCE OF 74.93 FEET TO A POINT OF
REVERSE CURVE CONCAVE NORTHERLY;
11.THENCE RUN NORTHEASTERLY,ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 168.60 FEET, THROUGH A CENTRAL ANGLE OF 26°15'57", SUBTENDED BY A CHORD OF
76.62 FEET AT A BEARING OF N.46°23'27"E., FOR A DISTANCE OF 77.29 FEET TO THE END OF SAID
CURVE;
12.THENCE RUN N.33°15'29"E., FOR A DISTANCE OF 121.03 FEET, TO A POINT ON A CIRCULAR
CURVE, CONCAVE SOUTHWESTERLY,WHOSE RADIUS POINT BEARS S.33°15'29"W.,THEREFROM;
13.THENCE RUN SOUTHEASTERLY,ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 1570.00 FEET,THROUGH A CENTRAL ANGLE OF 07°52'52", SUBTENDED BY A CHORD
OF 215.78 FEET AT A BEARING OF S.52°48'06"E., FOR A DISTANCE OF 215.95 FEET TO A POINT OF
REVERSE CURVE CONCAVE NORTHEASTERLY;
14. THENCE RUN SOUTHEASTERLY,ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 680.00 FEET, THROUGH A CENTRAL ANGLE OF 16°28'27", SUBTENDED BY A CHORD OF
194.85 FEET AT A BEARING OF S.57°05'53"E., FOR A DISTANCE OF 195.52 FEET TO A POINT OF
REVERSE CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.67°15'23"W.,
THEREFROM;
THENCE RUN SOUTHWESTERLY,ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 588.60 FEET, THROUGH A CENTRAL ANGLE OF 10°51'50", SUBTENDED BY A CHORD OF
111.44 FEET AT A BEARING OF S.28°10'31"W., FOR A DISTANCE OF 111.60 FEET TO A POINT OF
REVERSE CURVE CONCAVE EASTERLY; THENCE RUN SOUTHERLY,ALONG THE ARC OF SAID
CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF
16A 2
80°55'11", SUBTENDED BY A CHORD OF 103.83 FEET AT A BEARING OF S.06°51'09"E., FOR A
DISTANCE OF 112.99 FEET TO A POINT OF COMPOUND CURVE CONCAVE NORTHEASTERLY;
THENCE RUN SOUTHEASTERLY,ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 360.00 FEET,THROUGH A CENTRAL ANGLE OF 32°55'13", SUBTENDED BY A CHORD OF
204.01 FEET AT A BEARING OF S.63°46'21"E.,FOR A DISTANCE OF 206.84 FEET TO THE POINT OF
BEGINNING;
CONTAINING 83.041 ACRES; MORE OR LESS.
16A2
This Instrument prepared Without
Review or Opinion of Title By:
Mark J.Woodward,Esquire
Woodward,Fires&Lombardo,P.A.
3200 Tamiami Trail North,Suite 200
Naples,Florida 34103
Telephone: (239)649-6555
MORTGAGEE'S CONSENT
TO PLAT OF
FIDDLER'S CREEK.MARSH COVE-PHASE 1
STATE OF -\Jv No,
COUNTY OF V
The undersigned hereby certifies that ASHTON TAMPA RESIDENTIAL,LLC,a Nevada limited liability
company (as Mortgagee), the holder of Mortgage executed by FCC Marsh, LLC, a Florida limited liability
company,as Mortgagor,recorded May 28,2014,in O.R.Book 5042,Page 203,of the Public Records of Collier
County,Florida, which Mortgage encumbers the property described on Exhibit"A"attached hereto,does
hereby consent to the Fiddler's Creek, Marsh Cove - Phase 1 Plat recorded in Plat Book , Page
,Public Records of Collier County,Florida(the"Fiddler's Creek,Marsh Cove-Phase 1 Plat"), and
agrees that the Mortgage shall be subordinate solely to the dedications and reservations expressly shown on the
Fiddler's Creek, Marsh Cove-Phase 1 Plat. Except as expressly subordinated herein, the Mortgage shall
remain in full force and effect.
IN WITNES§WHEREOF,ASHTON TAMPA RESIDENTIAL,LLC,has caused this Consent to be duly
executed on this 26 day of ) v ' ,2014.
ASHTON TAMPA RESIDENTIAL,LLC,a Nevada
limited liability company
Signature of Witness leHRISTINA M. LEE
Printed Name:
By:
o Reny,Di • on President
Signature of Wi s 82
Printed Name: L!—■
'r1 -
e foregoing instrument was acknowledged before me this i day of �- 2014, by
Th eg g 8
John Reny,Division President of ASHTON TAMPA ...i i ,LLC,a Nevada r ted liability company,on
behalf of the limited liability company. He is nally know me or produced
as identification.
Print Name:
Notary Public
Commission No.
My Commission Expires:
(SEAL)
;,tiM' , CHRISTINA M.LEE
*. ;.: Comm ssion#EE 033696
'g' Lxpires October 11.2014
.r„• Banded ih„fray Fon Insurance 800-385.7019
16A2
EXHIBIT^A"
(TRACT 32):
A PARCEL OF LAND LOCATED IN A PORTION OF TRACT L•36, FIDDLER'S CREEK PHASE 3, UNIT
ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40, PAGES 85 THROUGH
100 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND A PORTION OF SECTIONS 23
AND 24,TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE MOST NORTHWESTERLY CORNER OF TRACT B-8, FIDDLER'S CREEK PHASE 3, UNIT
ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40, PAGES 85 THROUGH
100 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,THE SAME BEING A POINT ON A
CIRCULAR CURVE,CONCAVE SOUTHWESTERLY; WHOSE RADIUS POINT BEARS 5.33°15'29"W.,
THEREFROM; THENCE RUN SOUTHEASTERLY,ALONG THE ARC OF SAID CURVE TO THE RIGHT,
HAVING A RADIUS OF 1570.00 FEET,THROUGH A CENTRAL ANGLE OF 7°52'52",SUBTENDED BY A
CHORD OF 215.78 FEET AT A BEARING OF 5.52°48'06"E., FOR A DISTANCE OF 215.95 FEET TO A
POINT OF REVERSE CURVE CONCAVE NORTHEASTERLY; RUN SOUTHEASTERLY,ALONG
THE ARC OF SAID CURVE TO THE LEFT, HA QI 680.00 FEET,THROUGH A CENTRAL
ANGLE OF 16°28'27", SUBTENDED BY. C 9 =5` 1T A BEARING OF S.57°05'53"E.,
FOR A DISTANCE OF 195.52 FEET NT OF REVERS p� ,CONCAVE NORTHWESTERLY;
WHOSE RADIUS POINT BEARS N.,67 '23"W., THEREFROM; N RUN SOUTHWESTERLY,
ALONG THE ARC OF SAID CURVE TO RIGHT, HAVING A RADUS 588.60 FEET,THROUGH A
CENTRAL ANGLE 0°F 10°51'50" SUBIENBECLPY A-CHORE •F 111.344 F ET AT A BEARING OF
5.28°10'31"W., FOR A DISTA E •F 111 60 Ffic • - •O is EVE E CURVE CONCAVE
EASTERLY; THENCE RUN SO E• Y 7- + • VETO THE LEFT, HAVING A
RADIUS OF 80.00 FEET,THR•UG A EN • •L •N t s :0 1" SUBTENDED BY A CHORD OF
103.83 FEET AT A BEARING 0 '•° 1 j="E 7O• ' STA E OF'$2199 FEET TO A POINT OF
COMPOUND CURVE CONCAVE . - • , ' •a! RUI., • STERLY, ALONG THE ARC
OF SAID CURVE TO THE LEFT, G A RADIUS OF 36% '0 F:ET$ •UGH A CENTRAL ANGLE
OF 32°55'13",SUBTENDED BY) ' ,•°RD OF 204.01 FE AiB.,•RI' OF S.63°46'21"E., FOR A
DISTANCE OF 206.84 FEET TO A •• OF COMPOUND CU• $,C% ,•VE EASTERLY; WHOSE
RADIUS POINT BEARS S.69 039'43 .., • REFROM;THENCE;. •UTHERLY,ALONG THE ARC OF
SAID CURVE TO THE LEFT, HAVING • • • Ii 4OF 375,. (ROUGH A CENTRAL ANGLE OF
10°25'04", SUBTENDED BY A CHORD OF,5: 0 r8 NG OF 5.15°07'45"W., FOR A
DISTANCE OF 68.18 FEET TO THE END OF , 'THENCE RUN S.09°55'13"W., FOR A
DISTANCE OF 86.31 FEET; TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
NORTHERLY; THENCE RUN SOUTHWESTERLY,ALONG THE ARC OF SAID CURVE TO THE RIGHT,
HAVING A RADIUS OF 25.00 FEET,THROUGH A CENTRAL ANGLE OF 93°21'51", SUBTENDED BY A
CHORD OF 36.38 FEET AT A BEARING OF S.56°36'08"W., FOR A DISTANCE OF 40.74 FEET TO A
POINT OF COMPOUND CURVE CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC
OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 540.00 FEET,THROUGH A CENTRAL ANGLE
OF 0°22'32", SUBTENDED BY A CHORD OF 3.54 FEET AT A BEARING OF N.76°31'40"W., FOR A
DISTANCE OF 3.54 FEET TO THE END OF SAID CURVE;THENCE RUN 5.11°31'08"W., FOR A
DISTANCE OF 50.03 FEET; TO A POINT ON A CIRCULAR CURVE,CONCAVE NORTHERLY; WHOSE
RADIUS POINT BEARS N.13°28'42"E.,THEREFROM;THENCE RUN EASTERLY,ALONG THE ARC OF
SAID CURVE TO THE LEFT, HAVING A RADIUS OF 590.00 FEET,THROUGH A CENTRAL ANGLE OF
0°19'07",SUBTENDED BY A CHORD OF 3.28 FEET AT A BEARING OF 5.76°40'51"E., FOR A
DISTANCE OF 3.28 FEET TO A POINT OF REVERSE CURVE CONCAVE SOUTHWESTERLY; THENCE
RUN SOUTHEASTERLY,ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
25.00 FEET,THROUGH A CENTRAL ANGLE OF 95°59'35", SUBTENDED BY A CHORD OF 37.16 FEET
AT A BEARING OF S.28°50'37"E., FOR A DISTANCE OF 41.88 FEET TO A POINT OF COMPOUND
CURVE CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY,ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A RADIUS OF 375.00 FEET,THROUGH A CENTRAL ANGLE OF
20°37'32",SUBTENDED BY A CHORD OF 134.27 FEET AT A BEARING OF S.29°27'57"w., FOR A
16A2
Exhibit"A" continued
DISTANCE OF 134.99 FEET TO THE END OF SAID CURVE; THENCE RUN 5.39°46'43"W.,FOR A
DISTANCE OF 36.88 FEET; TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY;
WHOSE RADIUS POINT BEARS N.15°19'01"E.,THEREFROM; THENCE RUN NORTHWESTERLY,
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 780.00 FEET,THROUGH A
CENTRAL ANGLE OF 28°37'24",SUBTENDED BY A CHORD OF 385.63 FEET AT A BEARING OF
N.60°22'17"W., FOR A DISTANCE OF 389.67 FEET TO A POINT OF REVERSE CURVE CONCAVE
SOUTHWESTERLY;THENCE RUN NORTHWESTERLY,ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 335.00 FEET,THROUGH A CENTRAL ANGLE OF 8°36'01", SUBTENDED BY A
CHORD OF 50.24 FEET AT A BEARING OF N.50°21'35"W., FOR A DISTANCE OF 50.28 FEET TO THE
END OF SAID CURVE; THENCE RUN N.54°39'36"W., FOR A DISTANCE OF 296.12 FEET;TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE,CONCAVE EASTERLY; THENCE RUN NORTHERLY,
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 125.00 FEET,THROUGH A
CENTRAL ANGLE OF 66°52'05", SUBTENDED BY A CHORD OF 137.74 FEET AT A BEARING OF
N.21°13'33"W., FOR A DISTANCE OF 145.88 FEET TO A POINT OF COMPOUND CURVE CONCAVE
SOUTHEASTERLY; THENCE RUN NORTHEASTERLY,ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 97.09 FEET,TI J� C TRAL ANGLE OF 67°22'34",
SUBTENDED BY A CHORD OF 107.71 FE T ),� • ..45°53'47"E., FOR A DISTANCE OF
114.18 FEET TO A POINT OF REVERS e'
r §TERLY;THENCE RUN
NORTHEASTERLY, ALONG THE ARC pt CURVE TO THE L 7 VING A RADIUS OF 117.59
FEET,THROUGH A CENTRAL ANGLE Or-7`7°51'52",SUBTENDED BY A CHORD OF 147.78 FEET AT A
BEARING OF N.40°39'08"E., FOR DI TANCrOF-159.SQ_FBET TO' POtT OF REVERSE CURVE
CONCAVE SOUTHEASTERLY;TH C RUIN,--•' • TERtY ALON TH ARC OF SAID CURVE TO
THE RIGHT, HAVING A RADIUS F 7 . , • ••. - is • - ANGLE OF 57°48'14",
SUBTENDED BY A CHORD OF 74.79 : • r At-. .� •F • . ' 9"E,, FORA DISTANCE OF
74.93 FEET TO A POINT OF REVERS C RV: C•N • +• ' • ; ,E CE RUN
NORTHEASTERLY,ALONG THE FCC; • ii ._• ,�i ;:E L 'a '.A. A RADIUS OF 168.60
FEET,THROUGH A CENTRAL AN tE F 26°15'57",SUB • •ED ..Y Aj' RD OF 76.62 FEET AT A
BEARING OF N.46°23'27"E., FOR �►'� ANCE OF 77.29 F To OF SAID CURVE;
THENCE RUN N.33°15'29"E., FOR ,1. i :'TANCE OF 121.03 r Out OINT OF BEGINNING.
r ,. . ` ,
16A2
ASHTON TAMPA RESIDENTIAL,LLC
CERTIFICATE OF INCUMBENCY
The undersigned hereby certifies that:
1. The undersigned is the duly elected and acting Division President of Ashton Tampa
Residential,LLC("Ashton Tampa").
2. John Reny is the duly elected and acting Division President of Ashton Tampa.
3. John Reny, as such officer,is duly authorized,for and on behalf of Ashton Tampa, as
agent for the benefit of the lenders,to approve the Mortgagee's Consent to Plat of Fiddler's Creek,Marsh
Cove-Phase 1 and execute and deliver any and all agreements,affidavits,receipts,certificates,instruments,
and other documents of any kind in relation thereto.
4. The signature of John Reny below is his true and customary signature.
'-y� IN TNESS WHEREOF,the undersigned has signed this Certificate of Incumbency as of this
2U day of _ ,2014.
WITNESSES:
Print Name:_c 14RisTINAm7tEE John Re
Prin�K CLt✓VEL-414D
F:\USERS\WANDATIDDLERS\Ashton Woods\Mortgagee's Consent-Ashton Tampa.6-25-14.docz