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Backup Documents 04/26/2016 Item #16A 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A b , 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 be 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. **NEW** ROUTING SLIP 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 1. 2. County Attorney Office County Attorney Officeb‘r 3. BCC Office Board of County b� Commissioners \V5/ 4. Minutes and Records Clerk of Court's Office 5. Executed COPY only returned to: Deborah Farris/GMD-ROW 41D401.R0 LiVAA 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 Deborah Farris Phone Number X5861 Contact/ Department / / Agenda Date Item was April 26,2016 V Agenda Item Number 16A (p .1/ Approved by the BCC Type of Document Easement Agreement Number of Original One Attached Documents Attached PO number or account D/N record in the Clerk's"official records" number if document is for r/e conveyances 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?Skk� 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. X Needs Clerk's attestation 3. Original document(s)has/have been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. X 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 document or the final negotiated contract date whichever is applicable. X 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. X 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. n/a 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 April 26,2016(enter date)and all X N/A is not changes made during the meeting have been incorporated in the attached document. an option for The County Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the ' N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. I: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 •, 16 A 6 PROJECT: Golden Gate Blvd #60145 PARCEL No(s): 334RDUE FOLIO No(s): 40922480001 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this I day of f C h;u�.) , 2016, by and between DOODNAUTH POKHAN and VIJANTI POKHAN a/k/aVIJANT POKHAN, husband and wife, whose mailing address is 7145 40th Street NE, Naples, Florida 34120 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County"). WHEREAS, County requires a perpetual non-exclusive Road Right-of-Way, Drainage and Utility Easement over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Easement"); and WHEREAS, Owner desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Easement. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE - Owner shall convey the Easement to County for the sum of: $8,000.00 (EIGHT THOUSAND DOLLARS) subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments (prepared by County) properly executed, witnessed and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): CAO 16A b Page 2 (a) Road Right-of-Way, Drainage and Utility Easement; (b) Instruments required removing, releasing or subordinating any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement. (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner agrees to relocate any existing irrigation system located on the Easement including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and/or landscaping ("Improvements") located on the Easement (if any), the Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of the Improvements located within the Easement area, and yet County is willing to permit Owner to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Easement prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. CAn IÔA b Page 3 (b) County's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There is no maintenance, construction, advertising, management, leasing, employment, service or other contract affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easement or its intended use by County. (h) To the best of Owner's knowledge, the property underlying the Easement, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easement except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be sold to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the. Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable 16 A 6 Page 4 processing fees required by lien-holders and/or easement holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easement; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. Furthermore, in accordance with the exemptions provided for in Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall pay all documentary stamp taxes required on the instrument(s) of transfer. 11. EFFECTIVE DATE - This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 12. PUBLIC DISCLOSURE - If the Owner holds the property underlying the Easement in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easement before the Easement held in such capacity is conveyed to County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the property underlying the Easement, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. BREACH AND TERMINATION - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. SEVERABILITY — Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. • CAC; 16A 6 Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: .April 26, 2016 ATTEST: BOARD QF COUNTY COMMISSIONERS DWIGHT E. BROQQC, Clerk COLLI COUNTY,. LORIDA rc) 11 __ 1 BY: jnh•� A t as to CbainnanfsDe•u '' DONNA FIALA, Chairman signature only. AS TO OWNER: _V7/ DATED: .2 Q l jd �/wa,,I 4ip J) c,u,..„ ( l Witness (Signature) OODNAU H POKHAN kti iLA NA,L►�x 1-\1'\J .__5-a- a ffa.�4-.e GG 1�ow.--s-/ Cl`" Name (Print or Type) /4wr . Witness (Signature) Name (Print or Type) DATED: ,Z 19-/4 .& /ti7 Witness (Signature) VIJArNT1 POK AN NAI 6- ( -A-11"kitiNjrcitAYI,,, Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legality: I. AL£ Assistant 'unty Attorney CA • 16A 6 ..„ F GOLDEN GATE BOULEVARD (CRI 876) 195+00 '96+00 197+00 198+011 199+00 200+00 8 POINT OF Y 50, J `COMMENCEMENT )c L o N89'31'08"E 329.98' SOUTH LINE OF ::::::���:�:�:�:�:�:�:�:�:�:�:� �: POINT OF i NORTH 50' OF ♦♦♦♦♦.� ♦��������������� -1 BEGINNING TRACT 25 ....��IL_�_._i..a � . �- 8 L7 co 1��I&Ak...a .�� v L3 J L5 —' s I PROPOSED ROADWAY EASEMENT i PARCEL 334 RDUE 8: 14,139 S0. FT. b R i WEST LINE OF f 1 TRACT 25 EAST LINE 0..F./ N TRACT 25 z TRACT 25 GOLDEN GATE ESTATES UNIT 81 TRACT 24 PLAT BOOK 5 PAGE 19 TRACT 40 's w POKHAN OR 2648/2181 ,13 EXHIBIT , /=4 ti . Page____ _ol i 8 N r. W - -E LINE TABLE u LINE BEARING LENGTH 3 S L1 SO0'28'28"E 50.00' , L2 SO0'28'28"E 40.00' L3 S89'31'08"W 70.00' SO. FT. SQUARE FEET L4 SOO'28'31"E 7.00' OR OFFICIAL RECORDS (BOOK/PAGE) L5 S89'31'08"W 149.97' N9 PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) L6 NO0'28'58"W 8.00' EXISTING ROADWAY EASEMENT DEDICATED TO, THE PERPETUAL L7 S89'31'08"W 110.00' ��� LB NO0'28'30"W 39.00' / USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 19 LEGAL DESCRIPTION FOR PARCEL 334 ROUE A PORTION OF TRACT 25, GOLDEN GATE ESTATES, UNIT 81 AS RECORDED IN PLAT BOOK 5, PAGE 19 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 25; THENCE S.00'28'28"E., ALONG THE EAST LINE OF SAID TRACT 25, FOR 50.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 50 FEET OF SAID TRACT 25 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE S.00'28'28"E., ALONG SAID EAST LINE, FOR 40.00 FEET; TECM - ROW THENCE S.89'31'08"W., FOR 70.00 FEET; THENCE S.00'28'31"E., FOR 7.00 FEET: FEB 0 1 2010 THENCE S.89'31'08"W., FOR 149.97 FEET; THENCE N.00'28'58"W., FOR 8.00 FEET; THENCE S.89'31'08"W , FOR 110.00 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 25; THENCE N.00'28'30"W., ALONG SAID WEST LINE, FOR 39.00 FEET TO A POINT ON SAID SOUTH LINE; THENCE N.89'31'08"E., ALONG SAID SOUTH LINE, FOR 329.98 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. CONTAINING 14,139 SQUARE FEET, MORE OR LESS. 0 40 50 160 BY: !A. D. PROFESSIONAL SURVEYOR& MAPPER SKETCH & DESCRIPTION ONLY REGISTRA CERn TE NO. 5301 NOT A BOUNDARY SURVEY SCALE: 1-.80' ENING DATE: Of FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AARORIDA REGISTERWITHOUT EDEPROFESS OR���MAPPE�R SEAL GOLDEN GATE BOULEVARD 11)11/8)%=„. SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT CO`S TI 1 it lv t .A. oo PARCEL 334 RDUE aero Waaw Pant Drive,Sults 200 Naples,Randa 34109 COLLIER COUNTY, FLORIDA Phone:12391597-0575 FAX:(239)5970578 LB No.:6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 050217.00.01 0001 REV 01 6 49 28 1" = 80' DEC. 2009 D.W.J. SK 334 1 OF 1 16A 6 This document was prepared by: Doodnauth Pokhan 7145 40th Street NE Naples, Florida 34120 Return To: Doodnauth Pokhan • 7145 40th Street NE Naples,Florida 34120 DURABLE POWER OF ATTORNEY OF Doodnauth Pokhan DOC#515802530 16 A 6 I. PRINCIPAL AND ATTORNEY-IN-FACT I, Doodnauth Pokhan, also known as John, who reside at 7145 40th Street NE, Naples, Florida 34120, appoint the following person to serve as my attorney- in-fact, to act for me in any lawful way with respect to the subjects indicated below: Vijanti Pokhan Naples, Florida If Vijanti Pokhan resigns or is unable or unwilling to serve or continue to serve as my attorney-in-fact, I appoint the following person to serve as my successor attorney-in-fact: Shanta Patricia Ramlakhan Naples, Florida II. EFFECTIVE TIME This durable power of attorney is effective immediately and is not terminated by the subsequent incapacity of the principal except as provided in Chapter 709, Florida Statutes. III. POWERS OF ATTORNEY-IN-FACT To the extent permitted by law, my attorney-in-fact may act in my name, place, and stead in any way that I myself could with respect to the following matters: YOUR ATTORNEY-IN-FACT SHALL BE AUTHORIZED TO ENGAGE ONLY IN THOSE ACTIVITIES THAT ARE INITIALED. 2 16 A 6 REAL ESTATE TRANSACTIONS: • Manage, sell, transfer, lease, mortgage, pledge, refinance, insure, maintain, improve, collect and receive rent, sale proceeds, and earnings, pay taxes, assessments, and charges, and perform any and all other acts with respect to real property and interests in real property that I own now or later acquire. If I am married, my attorney-in-fact may not mortgage or convey homestead property without the consent of my spouse, or my spouse's legal guardian. • Defend, settle, and enforce by litigation a claim to real property and interests in real property that I own now or later acquire. • Buy, lease, or otherwise acquire real property or an interest in real property, including the authority to enter into listing agreements and purchase and sale contracts, and to sign escrow instructions. • Execute deeds, mortgages, releases, satisfactions, and other instruments relating to real property and interests in real property that I own now or later acquire. • Hire and discharge accountants,bookkeepers, property managers, and other professionals providing services related to real property and interests in real property that I now own or later acquire. (T ) TANGIBLE PERSONAL PROPERTY TRANSACTIONS: • Buy or otherwise acquire ownership or possession of, sell or otherwise dispose of, mortgage, pledge, assign, lease, insure, maintain, improve, pay taxes on, otherwise manage tangible personal property and interests in tangible personal property that I now own or later acquire. STOCK AND BOND TRANSACTIONS: • Buy, sell, pledge, and exchange stocks, mutual funds, bonds, options, commodity futures, and all other types of securities in my name. 3 16 A 6 • Sign, accept, and deliver in my name certificates, contracts, or other documents relating to the foregoing, including agreements with brokers or agents. • Exercise voting and other rights and enter into agreements relating thereto. • Hire and discharge professionals providing services related to the management and investment of any securities in my name. BANKING AND FINANCIAL TRANSACTIONS: Conduct any business with banks, savings and loan associations, credit unions, and other financial institutions, including the authority to: • Sign and endorse all checks and drafts in my name. • Deposit and withdraw funds from accounts. • Open, maintain, and close accounts or other banking arrangements. • Open, continue, and have access to all safe deposit boxes, and add and remove items from them. • Borrow money, pledge property as security, and negotiate terms of debt payments. • Apply for and receive letters of credit, credit cards, and traveler's checks, and give an indemnity or other agreement in connection with letters of credit. • Conduct banking transactions provided in section 709.2208(1). ( �) BUSINESS OPERATION TRANSACTIONS: • Buy, sell, expand, reduce, or terminate a business interest, including shares in a corporation, membership interests in a limited liability company, and partnership interests in a general, limited, or limited liability partnership. • Manage and operate any business or business interest that I now have or later acquire, including the authority to: • Enter into, amend, enforce, and terminate any business contract. 4 16 A 6 • Disburse, receive, and demand money in the operation of the business. • Merge, reorganize, or sell a business or part of a business. • Determine the location, nature, and method of operating the business. • Hire and discharge employees and agents. • If an agent is permitted by law to act for a principal, and subject to the terms of any partnership or operating agreement, perform any duty and exercise any right, power, or privilege that I have under a partnership or operating agreement, to enforce the terms of a partnership or operating agreement, and to defend, arbitrate, and settle any legal proceeding to which I am a party because of membership in a partnership or limited liability company. 5 16 A 6 • Exercise a right, power, or privilege that I have as the holder of a bond, share, or instrument of similar character and to defend, arbitrate, and settle any legal proceeding to which I am a party because of any bond, share, or similar instrument. INSURANCE AND ANNUITY TRANSACTIONS: • Obtain, modify, renew, convert, rescind, pay the premium on, or terminate insurance and annuities of all types for myself and for my family and other dependents. • Designate the beneficiary of the contract, but the attorney-in- fact may be named a beneficiary of the contract, or an extension, renewal, or substitute for it, only if the attorney-in-fact was named as a beneficiary under a contract procured by the principal before signing this power of attorney. • Surrender and receive the cash value, borrow against, or pledge any insurance or annuity policy. (7 � ) ESTATE AND TRUST TRANSACTIONS: • Act for me in any trust, probate, guardianship, conservatorship, custodianship proceeding fund from which I am now, claim to be, or later become entitled, as a beneficiary, to a share or payment, including the authority to sign petitions, objections, waivers, consents, receipts, settlements, and other agreements relating to the above-referenced matters or proceedings. • Transfer any of my property to a living trust that I created as a grantor before this power of attorney was signed. • Sign a qualified disclaimer pursuant to Internal Revenue Code Section 2518 and applicable state law. 6 16A6 ( pp ) LEGAL ACTIONS: To act for me in all legal matters, whether claims in my favor or against me, including the authority to retain and discharge attorneys on my behalf; appear for me in all actions and proceedings, commence actions in my name, sign all documents, submit claims to arbitration or mediation, settle claims, and pay judgments and settlements. (��) PERSONAL AND FAMILY CARE: To do acts necessary to maintain my customary standard of living, and that of any individuals legally entitled to be supported by me, including the authority to provide and pay for medical care, shelter, clothing, food, usual vacations, education, transportation, and dues for social organizations. My attorney-in-fact is specifically authorized to hire and compensate household, nursing, and other employees necessary for my well-being and that of any individuals legally entitled to be supported by me, and to enter into contracts and commit my resources with respect to the provision of my residential care in a convalescent hospital,skilled nursing home,or alternative residential facility. (2 f9 ) GOVERNMENT BENEFITS: Claim and collect benefits from the Social Security Administration, including retirement benefits, supplemental social security, and social security disability benefits and, Medicare, Medicaid, or state, local, and other government programs or civil or military service. (2/') RETIREMENT PLAN TRANSACTIONS: 7 16A 6 • To contribute to, withdraw from and deposit funds in any type of retirement plan (which term includes, without limitation, any tax qualified or nonqualified pension, profit sharing, stock bonus, employee savings and other retirement plan, individual retirement account, deferred compensation plan and any other type of employee benefit plan); select and change payment options for the principal under any retirement plan; make rollover contributions from any retirement plan to other retirement plans or individual retirement accounts;exercise all investment powers available under any type of self-directed retirement plan; and, in general, exercise all powers with respect to retirement plans and retirement plan account balances which the principal could if present and under no disability. • Designate beneficiaries. • Waive my right to be a beneficiary of a joint or survivor annuity. ( i' ) GIFTS: Make gifts from my assets, including debt forgiveness. My attorney-in-fact is permitted to give any of my assets, interests or rights, directly or indirectly, to himself or herself, or to his or her creditors. Iv. GENERAL PROVISIONS 1) Reliance By Third Parties. I hereby agree that any third party receiving a duly executed copy of this document may rely on and act under it. Revocation or termination of this power of attorney will be ineffective as to a third party unless and until that third party receives written notice of the revocation or termination. Notice to a financial institution is subject to the requirements of section 709.2121, Florida Statutes. For myself and for my heirs, executors, legal representatives, devisees, and assigns, I hereby agree to indemnify and hold harmless any third party from any and all claims because of good faith reliance on this instrument. 8 16A 6 2) Severability. If any provision in this power of attorney is found to be invalid or unenforceable, this invalidity or unenforceability will not affect the other provisions of this document, and the other provisions will be given effect without the invalid or unenforceable provision. 3) Revocation. I may revoke this power of attorney at any time. Any revocation of this power of attorney must be in writing signed by me. 4) Maintenance of Records; Accounting. My attorney-in-fact must maintain records of all actions taken on my behalf, including transactions, receipts, disbursements and investment. My attorney-in-fact shall provide an accounting for all funds handled and all acts performed as my attorney-in- fact, but only upon my request, the request of a personal representative or a fiduciary acting on my behalf, or court order. Any requirement of my attorney-in-fact to file inventories and accounts with the county clerk or with the court is specifically waived. 5) Compensation and Reimbursement. My attorney-in-fact is entitled to reasonable compensation for services provided on my behalf pursuant to this power of attorney. My attorney-in-fact will be reimbursed for all reasonable expenses incurred relating to his or her responsibilities under this power of attorney. 6) Personal Benefit Permitted.If my attorney-in-fact is acting in good faith and in my best interests, my attorney-in-fact may personally benefit or profit from transactions taken on my behalf. 7) Liability of Attorney-in-Fact. All persons or entities that in good faith endeavor to carry out the provisions of this power of attorney will not be liable to me, my estate, or my heirs for any damages or claims arising because of their actions or inactions based on this power of attorney. My estate will indemnify and hold them harmless. A successor attorney-in- fact will not be liable for the acts of a prior attorney-in-fact. 9 IÔA 6 8) Authority to Record, Register, or File. My attorney-in-fact may record, register, or file this power of attorney and other necessary and appropriate documents as required to carry out the powers granted herein. 9) Copies. A copy of this durable power of attorney shall be effective as an original for all purposes. IN WITNESS WHEREOF, the undersigned has executed this power of attorney on the date set forth below. Date:Z ,26 /G 1 / Signature of Doodnauth Pokhan 10 16 A 6 WITNESSES By signing as a witness, I am acknowledging the signature of the principal who signed in my presence, and the fact that he or she stated that this power of attorney reflects his or her wishes and is being executed voluntarily. I believe the principal to be of sound mind. I have not been appointed as attorney-in-fact by the principal, am not related to him or her by blood, marriage, or adoption, and, to the best of my knowledge, am not entitled to any portion of his or her estate under his or her last will and testament or living trust. 1. �t Ar t/ ` .,r J'(/ /1/1.074 ‘-a€1 (Suture of witness) (Print Name) 154-7 Ed/la 611df� f (Address) Irl el F. 31 /9 q (City,St te,ZIP) A., I(cA a M a cy �s (Signature of witness) (Print Name) IS-215 COIUi.er iirct 2Ol (Address) Na OS � FL g / 111 (City,State,ZIP) 11 16A 6 ACKNOWLEDGMENT OF NOTARY PUBLIC State of Florida County of ��di,11 The foregoing instrument was acknowledged before me this 46 day of re,b, . , 20(Co, by Doodnauth Pokhan. Notary Signature ThVte P ► , TYPE OR STAMP NAME OF NOTARY 0,.;;'44. JILL MCINTOSH MY COMMISSION 1 FF 906168 * " EXPIRES:August 3,2019 'van. {3(4.10 nruWcNtNeggYllhMM (SEAL) Personally known OR Produced identification Type of identification produced 1LC- 12