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Backup Documents 01/09/2018 Item #16A 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 1 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. **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. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners VA4 75 / \\ , 5. Minutes and Records Clerk of Court's Office 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 Jodi Hughes Phone Number x-5744 Contact/ Department Agenda Date Item was 1/9/18 Agenda Item Number 16A1 Approved by the BCC Type of Document Plat, Joinder in Plat Number of Original 5 Attached 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) I. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. JH 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 JH 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! i 8. The document was approved by the BCC on 1/9/18 and all changes made during J,t the meeting have been incorporated in the attached document. The County _ Attorney's Office has reviewed the changes, if applicable. _1 9. Initials of attorney verifying that the attached document is the version approved by the m- BCC, all changes directed by the BCC have been made, and the document is ready for e .e e • 0 x Chairman's signature. .a _5 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 16A1. This instrument prepared by and after recording return to: Leo J.Salvatori,Esq. Salvatori Law Office,PLLC 5150 Tamiami Trail North,Suite 304 Naples,FL 34103-2823 JOINDER IN PLAT This Joinder in Plat is made and entered into this 2r day of January, 2018, by U.S. CENTURY BANK, a Florida banking corporation, hereinafter referred to as "Lender". WITNESSETH WHEREAS, JOKEN NAPLES I, LLC, a Florida limited liability company (the "Borrower"), executed a Florida Real Estate Mortgage, Assignment of Leases and Rents and Security Agreement in favor of Lender in the original principal amount of ONE MILLION TWO HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($1,225,000.00), dated October 31, 2017 and recorded in Official Records Book 5445, Page 2359, of the Public Records of Collier County, Florida, and a UCC-1 Financing Statement recorded in Official Records Book 5445, Page 2385, of the Public Records of Collier County, Florida (collectively, the "Loan Documents"), encumbering certain properties owned by Borrower and described on Exhibit"A" attached hereto (the "Property"). WHEREAS, the Board of County Commissioners of Collier County, Florida approved of the platting of the Property as a subdivision to be known as Restaurant Row Replat. WHEREAS, said Loan Documents were recorded in the Public Records of Collier County, Florida prior to the approval and recordation of the plat. WHEREAS, Lender does hereby wish to join in said plat, and consent to the subdivision of the premises described on Exhibit "A", in conformity with Chapter 177, Florida Statutes (2017). NOW, THEREFORE, Lender does hereby execute this Joinder as a joinder in the plat of Restaurant Row Replat, and consents to the recording of said plat. Lender does hereby further agree and consent that the lien and charge of its Mortgage is inferior to the various easements granted or reserved in favor of Collier County or any third parties named on said plat. Prolaw:25647 16A1 IN WITNESS 'WHEREOF, the Lender has hereunto set Lender's hand and seal the day and year first above written. Signed, sealed and delivered in (Corporate Seal) the resence of: U.S. CENTURY BANK, a Florida banking cor.oration .11-4-6 Witness o. 1 Signature Z/ /il By: Allot l�'C V I l i ti t1 uttia ©se.•t-,z arcs 6 S , as Witne s No. I Printed Name S al') tiWitii s No. Sign re Cl12a131 LoPe2 Witness No. 2 Printed Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this Z5 day of January, 2018, by 05e-Gtrvo-t S _ , as SVP of U.S. CENTURY BANK, a Florida banking corporation, who is personally known to me. [ ..-EUZABETHA.t,OPEZ NOTA• MYCOMMISSIONitFF9974•. `P EXPIRES:June 23.2020 ;e CFF-Z.0::. Bonded ThrJ Notary Public Underwriters PRINTED OR STAMPED NAME OF NOTARY MY COMMISSION EXPIRES: 2 EXECUTION DRAFT 16A 1 EXHIBIT "A" LEGAL DESCRIPTION A portion of Tract 3F of Freedom Square as recorded in Plat Book 22, Pages 56 through 58 of the Public Records of Collier County, Florida being more particularly described as follows: Commence at the Northwest corner of Tract 3F of Freedom Square as recorded in Plat Book 22, Pages 56 through 58 of the Public Records of Collier County, Florida; thence run South 35°38'39" West, along the northwesterly boundary of said Tract 3F, for a distance of 237.85 feet to the POINT OF BEGINNING; thence run South 54°21'21" East for a distance of 371.46 feet to its intersection with the northwesterly line of Tract 123FEE as described in Official Records Book 4896 at Page 1390 of the Public Records of Collier County, Florida thence run South 43°23'58" West, along the northwesterly line of said Tract 123FEE, for a distance of 145.41 feet; thence run North 54°21'21" West for a distance of 351.84 feet, to its intersection with the northwesterly line of said Tract 3F; thence North 35°38'39" East, for a distance of 144.08 feet to the POINT OF BEGINNING. 3 Prolaw:25647 1 6 A 1 This instrument prepared by and after recording return to: Leo J. Salvatori,Esq. Salvatori Law Office,PLLC 5150 Tamiami Trail North,Suite 304 Naples,FL 34103-2823 JOINDER IN PLAT FQb1-K"-ir This Joinder in Plat is made and entered into this 23 day of arq; 2018, by GOLDEN CLIPPER, LLC, a Texas limited liability company, hereinafter referred to as "Owner". WITNESSETH WHEREAS, Owner is the owner and holder of the property described on Exhibit "A" attached hereto (the "Property"). WHEREAS, the Board of County Commissioners of Collier County, Florida approved of the platting of the Property as a subdivision to be known as Restaurant Row Replat. WHEREAS, Owner does hereby wish to join in said plat, and consent to the subdivision of the Property, in conformity with Chapter 177, Florida Statutes (2017). NOW, THEREFORE, Owner does hereby execute this Joinder as a joinder in the plat of Restaurant Row Replat, and consents to the recording of said plat. IN WITNESS WHEREOF, the Owner has hereunto set Owner's hand and seal the day and year first above written. Signed, sealed and delivered in GOLD4N CLIPPER, LLC, a Texas the presence of: limitediliability company Wine No. 1 e By: ' John Uoioy, as Manager 'iZocleY S��q WitnesNo. 1 Printed Nalene Witness No. 2 Signature ()kph CUY Witness No. 2 Printed lime 1 Prolaw:26032 16A 1 STATE OF TEXAS COUNTY OF MONTGOMERY ff� lGOPMN The foregoing instrument was acknowledged before me this 23 day of 3�2018, by JOHN CONROY, as Manager of GOLDEN CLIPPER, LLC, a Texas limited liability company, who is personally known to me. TIMOTHY HARDEN Notary ID # 129294459 NOTARY PUBLIC My Commission Expires February 5, 2021 �rno f ( /7ctr J 1 PRINTED OR STAM D NAME OF NOTARY MY COMMISSION EXPIRES: cal orbeui 2 Prolaw:26032 16A 1 EXHIBIT"A" LEGAL DESCRIPTION A PORTION OF TRACT 3F OF FREEDOM SQUARE AS RECORDED IN PLAT BOOK 22, PAGES 56 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT 3F OF FREEDOM SQUARE AS RECORDED IN PLAT BOOK 22, PAGES 56 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 35°38'39" WEST, ALONG THE NORTHWESTERLY BOUNDARY OF SAID TRACT 3F, FOR A DISTANCE OF 681.09 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 54°21'21" EAST FOR A DISTANCE OF 316.68 FEET TO ITS INTERSECTION WITH THE NORTHWESTERLY LINE OF TRACT 120FEE AS DESCRIBED IN OFFICIAL RECORDS BOOK 4896 AT PAGE 1376 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND A POINT ON A NON-TANGENTIAL CURVE WHOSE RADIUS POINT BEARS SOUTH 50°04'01" EAST A DISTANCE OF 3026.00 FEET; THENCE ALONG THE ARC OF SAID NON-TANGENTIAL CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 3026.00 FEET, A CENTRAL ANGLE OF 03°14'38" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 38°18'40" WEST, WITH A CHORD DISTANCE OF 171.30 FEET, FOR AN ARC DISTANCE OF 171.33 FEET; THENCE RUN SOUTH 36°39'18" WEST FOR A DISTANCE OF 47.18 FEET, THENCE RUN NORTH 54°17'23" WEST FOR A DISTANCE OF 307.88 FEET, TO ITS INTERSECTION WITH THE NORTHWESTERLY LINE OF SAID TRACT 3F; THENCE NORTH 35°38'39" EAST, FOR A DISTANCE OF 217.93 FEET TO THE POINT OF BEGINNING. CONTAINING 1.56 ACRES OR 67,857.26 SQUARE FEET MORE OR LESS. 3 Prolaw:26032 16A 1 This instrument prepared by and after recording return to: Leo J. Salvatori, Esq. Salvatori Law Office, PLLC 5150 Tamiami Trail North, Suite 304 Naples,FL 34103-2823 JOINDER IN PLAT This Joinder in Plat is made and entered into this 16th day of January, 2018, by EMERALD CREEK CAPITAL 2, LLC, a New York limited liability company, hereinafter referred to as "Lender". WITNESSETH WHEREAS, ESPROP II LLC, a Florida limited liability company (the "Borrower"), executed a Mortgage and Security Agreement in favor of Lender in the original principal amount of TWO MILLION SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($2,600,000.00), dated August 11, 2017 and recorded in Official Records Book 5425, Page 1864, of the Public Records of Collier County, Florida, an Assignment of Leases and Rents recorded in Official Records Book 5425, Page 1900, of the Public Records of Collier County, Florida, and a UCC-1 Financing Statement recorded in Official Records Book 5425, Page 1911, of the Public Records of Collier County, Florida (collectively, the "Loan Documents"), encumbering certain properties owned by Borrower and described on Exhibit"A" attached hereto (the "Property"). WHEREAS, the Board of County Commissioners of Collier County, Florida approved of the platting of the Property as a subdivision to be known as Restaurant Row Replat. WHEREAS, said Loan Documents were recorded in the Public Records of Collier County, Florida prior to the approval and recordation of the plat. WHEREAS, Lender does hereby wish to join in said plat, and consent to the subdivision of the premises described on Exhibit "A", in conformity with Chapter 177, Florida Statutes (2017). NOW, THEREFORE, Lender does hereby execute this Joinder as a joinder in the plat of Restaurant Row Replat, and consents to the recording of said plat. Lender does hereby further agree and consent that the lien and charge of its Mortgage is inferior to the various easements granted or reserved in favor of Collier County or any third parties named on said plat. Prolaw:25643 16A 1 IN WITNESS WHEREOF, the Lender has hereunto set Lender's hand and seal the day and year first above written. Signed, sealed and delivered in EMERALD CREEK CAPITAL 2, the p esence of: LLC, a N rk limited liability 9--t . 1 , Q , company rtness No. 1 ignature ) By: MATO OD / not iC UQhil i , as Witness No. LPrinted Name inCti ciC)111) PO1lrr1( W' ness .' Signature t✓% (./ 1 f.io CCillO( Witness No. 2 Printed Name STATE OF NEW YORK COUNTY OF NEW YORK The foregoing instrument was acknowledged before me this KJ day of January, 2018, by 1)14 K )"oh.( , as M('►f'(lC\)r1C\ PG I I nT y' of EMERALD CREEK CAPITAL 2, LLC, a New York limited liabilitycompany, who is personally known to me. JT)R1)143)1BLIC )(10_14N)-2ClC PRINTED OR STAMPED b4AME OF NOTARY MY COMMISSION EXPIRES: )4111,209 TARA LYNN ZANGARI Notary Public - State of New York NO. 01ZA6244748 Qualified in New York Count My Commission F*rires__a II.zO)l 2 EXECUTION DRAFT 16A EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF TRACT 3F OF FREEDOM SQUARE AS RECORDED IN PLAT BOOK 22, PAGES 56 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT 3F OF FREEDOM SQUARE AS RECORDED IN PLAT BOOK 22, PAGES 56 THROUGH 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 54°21'21" EAST, ALONG THE NORTHEASTERLY BOUNDARY OF SAID TRACT 3F, FOR A DISTANCE OF 149.00 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 54°2121" EAST FOR A DISTANCE OF 230.12 FEET TO ITS INTERSECTION WITH THE NORTHWESTERLY LINE OF TRACT 120 FEE AS DESCRIBED IN OFFICIAL RECORDS BOOK 4896 AT PAGE 1376 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 02° 11' 33" WEST FOR A DISTANCE OF 11.58 FEET TO A POINT ON A NON-TANGENTIAL CURVE WHOSE RADIUS POINT BEARS SOUTH 45°46'14" WEST A DISTANCE OF 3347.00 FEET; THENCE ALONG THE ARC OF SAID NON-TANGENTIAL CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 3347.00 FEET, A CENTRAL ANGLE OF 01°13'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 43°37'16" WEST, WITH A CHORD DISTANCE OF 71.07 FEET, FOR AN ARC DISTANCE OF 71.07 FEET; THENCE RUN SOUTH 02°26'10" EAST FOR A DISTANCE OF 18.28 FEET TO A POINT ON A NON-TANGENTIAL CURVE WHOSE RADIUS POINT BEARS SOUTH 47°23'45" EAST A DISTANCE OF 3334.00 FEET; THENCE ALONG THE ARC OF SAID NON-TANGENTIAL CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 3334.00 FEET, A CENTRAL ANGLE OF 02°08'09" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 41°32'10" WEST, WITH A CHORD DISTANCE OF 124.27 FEET, FOR AN ARC DISTANCE OF 124.28 FEET; THENCE RUN SOUTH 43°23'58" WEST FOR A DISTANCE OF 19.98 FEET; THENCE RUN NORTH 54°21'21" WEST FOR A DISTANCE OF 222.46 FEET; THENCE NORTH 35°38'39" EAST, FOR A DISTANCE OF 237.85 FEET TO ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID TRACT 3F AND THE POINT OF BEGINNING. CONTAINING 1.26 ACRES OR 54,890.06 SQUARE FEET MORE OR LESS. 3 Prolaw:25643 1 6 A 1 This instrument prepared by and after recording return to: Leo J.Salvatori,Esq. Salvatori Law Office,PLLC 5150 Tamiami Trail North,Suite 304 Naples,FL 34103-2823 JOINDER IN PLAT This Joinder in Plat is made and entered into this day of January, 2018, by U.S. CENTURY BANK, a Florida banking corporation, hereinafter referred to as "Lender". WITNESSETH WHEREAS, JOKEN NAPLES II, LLC, a Florida limited liability company (the "Borrower"), executed a Florida Real Estate Mortgage, Assignment of Leases and Rents and Security Agreement in favor of Lender in the original principal amount of TWO MILLION ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($2,100,000.00), dated October 31, 2017 and recorded in Official Records Book 5445, Page 2328, of the Public Records of Collier County, Florida, and a UCC-1 Financing Statement recorded in Official Records Book 5445, Page 2354, of the Public Records of Collier County, Florida (collectively, the "Loan Documents"), encumbering certain properties owned by Borrower and described on Exhibit '`A" attached hereto (the "Property"). WHEREAS, the Board of County Commissioners of Collier County, Florida approved of the platting of the Property as a subdivision to be known as Restaurant Row Replat. WHEREAS, said Loan Documents were recorded in the Public Records of Collier County, Florida prior to the approval and recordation of the plat. WHEREAS, Lender does hereby wish to join in said plat, and consent to the subdivision of the premises described on Exhibit "A", in conformity with Chapter 177, Florida Statutes (2017). NOW, THEREFORE, Lender does hereby execute this Joinder as a joinder in the plat of Restaurant Row Replat, and consents to the recording of said plat. Lender does hereby further agree and consent that the lien and charge of its Mortgage is inferior to the various easements granted or reserved in favor of Collier County or any third parties named on said plat. Prolaw: 25648 16A 1 IN WITNESS WHEREOF, the Lender has hereunto set Lender's hand and seal the day and year first above written. Signed, sealed and delivered in (Corporate Seal) the presence of: U.S. CENTURY BANK, a Florida banking con ation Witness TNo. 1 Signature 1....„/";_c/(74 + By: kOitt \`Ct 1�'I 611 U eV4 e9sc.t-+z t/ti-17 s , as Witnesg No. 1 Printed Name s Wi NoA2 Sign ure OiictbeMn Lopez Witness No. 2 Printed Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 9,5 day of January, 2018, by OSCar VedIdtC , as S� P of U.S. CENTURY BANK, a Florida banking corporation, who is personally known to me. _ / 9 ELIZABETH A.LOPEZ NOTAR AR Bi l l !aY COMMISSION#FF 991475 cc�.d_ EXPIRES:June 23,2020 .• : Bonded Thru Notary Public Underwriters s- PRINTED OR STAMPED NAME OF NOTARY MY COMMISSION EXPIRES: EXECUTION DRAFT 16A 1 EXHIBIT "A" LEGAL DESCRIPTION A portion of Tract 3F of Freedom Square as recorded in Plat Book 22, Pages 56 through 58 of the Public Records of Collier County, Florida being more particularly described as follows: Commence at the Northwest corner of Tract 3F of Freedom Square as recorded in Plat Book 22, Pages 56 through 58 of the Public Records of Collier County, Florida; thence run South 35°38'39" West, along the northwesterly boundary of said Tract 3F, for a distance of 534.93 feet to the POINT OF BEGINNING; thence run South 54°21'21" East for a distance of 331.22 feet to its intersection with the northwesterly line of Tract 120FEE as described in Official Records Book 4896 at Page 1376 of the Public Records of Collier County, Florida and a point on a non- tangential curve whose radius point bears South 47°17'08" East a distance of 3026.00 feet; thence along the arc of said non-tangential curve being concave to the Southeast, having a radius of 3026.00 feet, a central angle of 02°46'53" and being subtended by a chord which bears South 41°19'25" West, with a chord distance of 146.88 feet, for an arc distance of 146.89 feet; thence run North 54°21'21" West for a distance of 316.68 feet, to its intersection with the northwesterly line of said Tract 3F; thence North 35°38'39" East, for a distance of 146.16 feet to the POINT OF BEGINNING. 3 Prolaw:25648