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Standing Oaks & Subordination of Mortgage THIS INSTRUMENT PREPARED BY&RETURN TO: INSTR 6067596 OR 5954 PG 3870 RECORDED 5/27/2021 9:45 AM PAGES 9 NAME: FRANCESCA PASSIDOMO, ESQ. CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA ADDRESS: COLEMAN, YOVANOVICH&KOESTER, PA DOC@.70$0.70 REC $78.00 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES, FLORIDA 34103 PARCEL I.D. #S 00200720009& 00200280002 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA CONSERVATION EASEMENT THIS CONSERVATION EASEMENT given this 3041'1 day of Junc_ , 20 Q0, by Standing Oaks, L.L.C., a Florida limited liability company ("Standing Oaks"), as Grantor, whose address is 6301 Shirley Street, Naples, Florida 34109, to Collier County, Florida, a political subdivision of the State of Florida (hereinafter "Collier County" or "Grantee"). Grantor and Grantee may hereafter be collectively referred to as the "parties." WHEREAS, Standing Oaks is the owner of those certain contiguous tracts of land located in Collier County, Florida, identified as Parcel Numbers 00200280002, 00200720009, 00201280001, 00201440003, 00201480005, and 00203042409, lying in Section 31, Township 48 South, Range 26 East, generally located east of I-75 and west of Oaks Boulevard south of the community known as Tarpon Bay and north of Shady Oaks Lane, more particularly described on Exhibit "A" (hereinafter referred to as the "Property"); and WHEREAS, Collier County is requiring that this Conservation Easement ("Easement") be entered into and recorded in the land records of Collier County to bind Standing Oaks; and WHEREAS, the parties wish to establish their respective rights and responsibilities relative to the use and maintenance of the conservation area described in the attached Composite Exhibit"B" (the "Easement Property"). NOW, THEREFORE, Grantor hereby conveys a Conservation Easement to Collier County as follows: Revised 2/13/2019 1 1. Standing Oaks, its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive easement to Collier County over and across the property described as Exhibit "B" for the purpose of conservation. Collier County shall have no responsibility for maintenance of the conservation easement. 2. No buildings, structures or impediments of any nature may be constructed, placed or permitted on, over or across the Easement Property. No dumping or placing of soil or other substances such as trash or unsightly or offensive materials shall be permitted on the Easement Property. There shall be no removal or destruction of trees, shrubs or other vegetation with the exception of exotic/nuisance vegetation removal. Excavation, dredging or removal of soil material, peat, rock or other material substance in such a manner as to affect the surface shall be prohibited on the Easement Property. No dikes or fencing shall be permitted on the Easement Property. There shall be no other activities detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation or preservation permitted on the Easement Property. The Easement Property shall be in no way altered from its natural or permitted state. The following exceptions apply: a. Archaeological surveys or excavations are permissible for areas designated as archaeological sites by the State or Federal governments or by Grantee; or b. Uses as permitted by Section 3.05.07.H of the Collier County Land Development Code. In accordance with LDC Section 3.05.07.H.1.d, oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein, provided it is an allowable use in the underlying zoning district. 3. Standing Oaks, its heirs, successors or assigns shall bear the responsibility for maintaining the Easement Property, including, but not limited to, regular maintenance as may be required by any governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be maintained in accordance with applicable requirements of the Collier County Land Development Code. 4. No right of access by the general public to any part of the Easement Property is being conveyed. Collier County shall have the right to access and use of the Easement property for the purpose of making inspections; however, Collier County shall have no obligation to maintain the Easement Property, nor shall Collier County have the right to use the Easement Property for any purpose inconsistent with the terms of this Conservation Easement. 5. Grantor reserves all rights as owner of the Easement Property, including the right to engage in uses of the Easement Property that are not prohibited herein and which are not inconsistent with any County ordinance, regulation or development permit, and the intent and purposes of this Conservation Easement. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. Revised 2/13/2019 2 7. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. 8. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest. 9. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, successors or assigns, which shall be filed in the public records of Collier County. 10. This Conservation Easement shall run with the land and shall be binding upon and inure to the benefit of all present and future owners of any portion of the Property and their successors and/or assigns, it being the intention of the Grantor that this Conservation Easement be perpetual. 11. If any provisions of the Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 13. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other appropriate available remedies, and Grantor consents that venue of such enforcement actions shall lie exclusively in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. In any enforcement action in which the Grantee prevails, Grantee shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts in addition to the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the natural vegetative state required for a development permit. These remedies are in addition to any other remedy, fine or penalty, which may be applicable under Chapters 373 and 403, Florida Statutes. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Revised 2/13/2019 3 IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal the day and year first above written. Sign, sealed and delivered in the presence of: STANDING OAKS, L.L.C., WITNNEESSES: a Florida limited liability company ed Name: ., "Zc:1-,F•?i s Ps A � r `-- r A By Printed Ntirre: (lam\ Christopher Allen, thorized Member J STATE OF r br1 UcI. COUNTY OF PO 0 e2-- The foregoing instrument was acknowled ed before me by means of 11 physical presence or online notarization this a-6 day of ItX1r?. , 2020, by Christopher Allen, as Authorized Member of Standing Oaks, L.L.C. Such person(s) Notary Public must check applicable box: are personally known to me. produced her current driver license. produced as identification. (Notary Seal) 5( -1'i.,U Notary Public Printed Name of Notary: i 1,Sbn Notary Public State of Florida Commission Number: t J KryglsAWilson f 14*iMy Commission Expires: 02-D- My CommissionGG 915048 Commission 07/04/2022 Revised 2/13/2019 4 Acceptance by Grantee: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. 1,c4N,NI, CLERK COLLIE TY, FLORID By: �_ By: ty Clerk Penny Tayl , Chairman Atff,s as t na signature-only Approved as to form and legality: Y . l erek D. Perry Assistant County Attorney THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT TO AGENDA DATED 2/23/2010 , ITEM NO. 16 .B. 1, RESOLUTION NO. 2010-39 APPROVED PURSUANT TO RESO. 2010-39 Revised 2/13/2019 5 ' ' ' - 00 8'° gi m Ng' gEg'NJ " ' "N;m � E � mob" _ ►e�Z y 8 'a $ - A A A 4� E HP o° >� °o 4 NaciEm Pm d ER y I 52 ii T 1 mR-pr sp g' Qhb• gi o o g o 0 8 in o Xyy�g Sc O4ti 8 8 `goP 18M! q 3 P8 � � A g �go Y� �:8 P8 3y 4° o$ 0A g S' 1 R A7R opl oT �aA� $v 8 q Ai o gig ob' "Yt, IRo3l gi' ggb0 g8 8 p m m IF TV ,..,C � m xl 3 8 8 'dap .P8 r mp 2 88 0� 0 3 mq 13 z 9 £ig ogiz 20 8 o mR o , 8 R 0 .T _7 ooi D $ s m s ,g ;IT o m pgY ° ° o 8 $ 8 ,$' �g 2o ooF"$ a g a m g g 3N8 p R it < O � � � � gy r 8 p $ for 4Rg ope H s E I 1. C N DZ >{ Or mK00 > VI 73 U O >An o 00 Z m Cokes n a D TTQo /— ! z H 2. Na Q 0 cD Z m m m r,^. v, prgam ly i C m m1M -;?.1 p8 ; g Pg,WHOgi F2 ;;1; pII 8 ° g 000 gma <68AG3 RgR ° A b 24s' F' i a tg8gmg3 l 5 o T a i ER� R"s ;g q iz rig A � 3 g r'aq $o =3 gp 2 8o b mg 0 y gr A ti= PT m 0� 0�8o N E£ m g ;15 ag 5f ' p W, o" o 8 A=g 883 - 8 T .eenr,.e6 1/L': Fm, 15g133 gg H m xCO Y 3 3 1 §8 il � l' b 5 - Ymoo ". _ aco g H Vli z3 3 .mN;gm° LI N •AF R - y 0 a N - 2.> g & z g IN3y o 8 $ g s COASTAL CECI GROUP SERVICES CLIENT: DATE 04/22/21 SCALE NIA p,a'a` < „ ,"'�w '"1= y pp ENGINEERING COASTAL AND MARINE ENGINEERING STANDING OAKS,L.L.C.,A FLORIDA LIMITED LIABILITY COMPANYENVIRONMENTALANDGEOLOGICALSERVICES DRPV4J: MMWFB .,n,,..,..i,r.�oaaq,...,o.o,..�:.CONSULTANTS LANDANDMARINESURVEVANDMAPPING TI E: CHECKED: RJE PS 1 &2330 RJE REVISED TITLE COMMITMENTINFC ALTA/NSPS LAND TITLE SURVEY OFA PARCEL OFo , �INC. LAND LYING IN THE NORTHEAST QUARTER(1/4)SECTION 31, SEC, 31IT-P. 48SIR ' 25E A CECIGROUP COMPANY PHONE:(239)643-2324 TOWNSHIP 46 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA Serving Flontla Since 1977 ACAD NO. 17.034 AX:(239)643-1143 i BONIITA PR NGS.FLORGDA S 34135 wwW a E-Maille^of®e ing_coom EXHIBIT O.REF.NO. 17.034-ALTA-20210422 N DATE BY REVISION DESCRIPTION 5IR 3E1 I / — — \— i & a, e — — -^NiD1.1S��iN1 gL� — 1 • •' , 4 *p0 N /� s�.� tM' 9 ]] e-,� 'B / -- - Ad vtgig � i (_,ID qi �� � I Nil 11 Wi / l$ ' 1 1 ' of `§ 1 _gmp a 1 r, II t..1 (- . 4 ... , i I. ,„_ _ w - 1 Ii! 63 aJ \ \A I ': \ "''' ''. ,.illk -- I 4ti! 4 ie L.__ tr ,,,--,_ - _ __ -. ,.. :alc\6' _.--____ ,� te .... . s—iYu eamres�'3a K'_ -__-_ •.. -___—__-_—__—_--__ —— OW 'III ICI F O NiO la pm Ill III Z 5I vl I 1ZI II I - - ___J I - - - - - - - - - - - - - - - OAKES BLVD — — — — — — - I "x IWJH w;vm ,a ��� m��b0 o `4 EW10 gry6- 1>4T s D'gs v1cv $$p2 - -z0 i 22 o4 i4f.m ° 1$ 22$�1 § ,111o$2$ 9 S ga° g E A22608 witIn! `j O _ gas �g hi 8 $ 8�„ z Sp ��m � � o' � Dg �J ga g P ,) m ° O°•da°��s' n� 0 mRs g m m 1 A2 6N 6 h 9 2g g l q_ EAh 2o]4A gA- -434 fag" 5E `� ms gg' Qa x ? 16 COASTAL CIVIL ENGINEERING CLIENT: DATE: SCA E. SURVEY 8 ENGINEERING COASTAL ENGINEERING MAPPING PRAWN: 0422/21 1"=100' T wW '+';„„'rt„"`°���', '® L" 1 STANDING OAKS,L.L.C.,A FLORIDA LIMITED LIABILITY COMPANY MMW F B •"�"•,•:•�'°�•��°":ems° ;„,•.,""a�,P„••,,•eP•,••••••_ ENVIRONMENTAL TITLE: D: RUE PG. 1.^Ofi-21A RJE REVISED TITLE COMMITMENT INFO. N CONSULTANTS PLANNING SERVICES ALTA/NSPS LAND TITLE SURVEY OF A PARCEL OF CHECKE INC. LAND LYING IN THE NORTHEAST QUARTER(1/4)SECTION 31, SEC. 31 IT"'P' 48sIRNG. 25E + A CECI GROUP COMPANY PHONE:(239)643-2324 Serving Floritla Since 1977 FAX:(239)643-1143 TOWNSHIP 48 SOUTH,RANGE 28 EAST,COLLIER COUNTY,FLORIDA ACAD NO. 17.034 I 28421 BONITA CROSSINGS BLVD, AW coastalengineering.com REF.NO. 17.034-ALTA-20210202 BONITA SPRINGS.FLORIDA 34135 E-Mail:inlolacecifl corn NO. DATE BY REVISION DESCRIPTION EXHIBIT a piCOASTAL ENGINEERING Coastal and Marine Engineering CONSULTANTS Environmental and Geological Services Land and Marine Survey and Mapping INC. Website: www.coastalengineering.com EXHIBIT "B" STANDING OAKS PROPOSED PRESERVE EASEMENT LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THAT OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 31, RUN N89°58'56"W ALONG THE NORTH LINE OF SAID SECTION 31 FOR A DISTANCE OF 1,287.14 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 93 (AKA INTERSTATE 75); THENCE ALONG SAID RIGHT-OF-WAY LINE S18°20'06"E 723.09 FEET; THENCE LEAVING SAID LINE N71°39'50"E A DISTANCE OF 20.00 FEET; THENCE N18°20'06"W A DISTANCE OF 76.44 FEET TO THE BEGINNING OF A NON- TANGENT CURVE; THENCE 22.67 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 64°56'48" AND A CHORD DISTANCE OF 21.48 FEET, BEARING N39°11'30"E TO A POINT OF REVERSE CURVATURE; THENCE 435.20 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 352.00 FEET, A CENTRAL ANGLE OF 70°50'20" AND A CHORD DISTANCE OF 408.01 FEET, BEARING N42°08'16"E TO A POINT OF TANGENCY; THENCE N77°33126"E A DISTANCE OF 407.77 FEET TO A POINT OF CURVATURE; THENCE 391.59 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 338.00 FEET, A CENTRAL ANGLE OF 66°22'46" AND A CHORD DISTANCE OF 370.05 FEET, BEARING S69°15'l 1"E TO A POINT OF NON-TANGENCY; THENCE N88°22'02"E A DISTANCE OF 35.52 FEET; THENCE NO2°08'27"W A DISTANCE OF 124.94 FEET; THENCE N87°51'32"E A DISTANCE OF 10.00 FEET TO THE EAST LINE OF SAID SECTION 31; THENCE ALONG SAID LINE NO2°08127"W A DISTANCE OF 205.06 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBES APPROXIMATELY 373,034 SQUARE FEET OR 8.56 ACRES OF LAND. tAc 13 T6 IDC9-- 28421 Bonita Crossings Blvd.,Bonita Springs,FL 34135 1211 North Range Ave.,Suite E,Denham Springs,LA 70726 Phone(239)643-2324•Fax(239)643-1143 Phone(225)523-7403 E-mail:info@cecifl.com SERVING COASTAL COMMUNITIES SINCE 1977 bEO LI --oN 2HS° i\I I b(16.... /�Z Ao i33CO Ni ■iV■/\/l z N PG -- sn A ?Q• zo› M yo N.- N.1 ��d LS A Cm I o,M " pd0 oZ cm� 6 Eiz dv rmD NN" L 1‘2 z 0- , �0 d XS2j 302°8 'S co m 0 o _< D CO O w = Ti <-> V2 C> 2 0 b0 s. z- <T< 73 b -0 * Egi„0Dm-Ccncno c -< .Dz za3J � --xm mflm Dr 2 1:�N 6mz<z r m z m w w OOA'G) 1 A W N r Z J Cep m�n�o u m zz�z cn 8 - �zEEE I- X W mH- 3 3wa (ODr Gz)00 Z oZ Z Z Z x -1 N 00 co _, m i - O N N w D z r 0 C0C m - 43 N d O 67.1 < n) --I n) O) O O Z = �� m ni m m r =n D m�_ _ o CD 0 00 o ! o rn o CO r -n o0 m O a N A O Z m m im D m w 0 0 -1 C/) w O b Z 0- > T� w w m- m 0 m A 30 OZo m 0 m m Z n w N n c c -a C O �° _ I- - O m CO TDO rn m > m Z o _ _ `^ 03 N O 1 -1 (.1) j (> VJ o o CI om - 0 < n 0 rn 93 m 71 Co D co - rn X CD I— oa zm nH or D A rn i .P 0 Om Z rn o off° D n O� m m DO X D m _1 Z w A r �1 0 mm CO CO N m < 1,1 N Z m O cn rn O m Z rn Z o Ni -I -•I 0 z = D 00 r Z o C°0 =O m Z N Cn O m (/) Z Z (00 N CO m Zo, op X z rn o O O m m m (I) OD 0 Q Z Az D N 2O G nx M 0 i- O m 0) _1 Z71 3 0 - o 11 Ca Cu n Z nl A m II Z A W O m G) 0) - m Z = T D m m D N N 0 0 _ m a' - o m4, nn Z fl m CO rnco - 0 z 0 D c Z Z ^Z^ A 0 m I I - OFHZTTA TO Z im_. 1 U! nmO 0 z DmHO1 pD 0 mz0 < 7:/ T Z7 (/) 0C)XI DOma JH y D � N T - -O wcon p r 0-4 co O- cn m L4 c' , \ c m D p-n z m m ,90.90Z \AuLZ,80°Z0N 71��nc› - \ cnm U) mOm -I - . , \ D73 -I k'i � C7 -1mm ') cZ > ___ — ___ — D co Z� - oA o > 0, c G)0 ).' X117J. D °zz O • oZ oS D co Z n A • rn Z A m This instrument prepared without opinion of title by, and after recording return to: INSTR 6067604 OR 5954 PG 3897 RECORDED 5/27/2021 9:52 AM PAGES 2 Francesca Passidomo,Esq. CLERK OF THE CIRCUIT COURT AND COMPTROLLER Coleman,Yovanovich&Koester, P.A. COLLIER COUNTY FLORIDA 4001 Tamiami Trail, Suite 300 REC$18.50 Naples,Florida 34103 SUBORDINATION OF MORTGAGE The undersigned, First Horizon Bank ("Lender"), hereby certifies that it is the holder of that certain Mortgage and Security Agreement given by Standing Oaks, L.L.C., a Florida limited liability company (the "Mortgagor"), dated April 12, 2007, recorded April 13, 2007, in Official Records Book 4213, page 2150, securing a Note in the original principal amount of $8,450,000.00, as modified by First Mortgage Modification Agreement dated March 25, 2010, recorded March 25, 2010, in Official Records Book 4549, page 2405; together with the following supporting loan documents: Assignment of Rents recorded April 13, 2007, in Official Records Book 4213, page 2162, and Hazardous Substances Certificate recorded April 13, 2007, in Official Records Book 4213, page 2172, and UCC-1 Financing Statement recorded April 13, 2007, in Official Records Book 4213, page 2182, as continued in Official Records Book 4952, page 3535, further continued in Official Records Book 5478, page 2602 (collectively, the "Mortgage") encumbering the premises legally described therein (the "Encumbered Property"). By execution hereof, and for good and valuable consideration, Lender does hereby join in and consent to that certain Conservation Easement recorded against a portion of the Encumbered Property on or about the date of recordation hereof, by Collier County, a political subdivision of the State of Florida. Lender agrees that its Mortgage shall be subordinated to the aforementioned Conservation Easement and matters contained therein, as may be amended. [Signatures appear on the following page.] IN WITNESS WHEREOF, Lender has set its hand and seal the date and year first written above. WITNESSES: LENDER: FIRST HORIZON BANK Print Name: r S By: Print Name:D 'n P t Na e: J. Trent Byrd Title: Senior Vice President STATE OF * & ` COUNTY OF fl �,.✓ The foregoing instrument was acknowledged before me by means ofhysical presence or onlin otari at' this I day of , 2020, by ,Aires i- of fir Zvr L. Such person(s) (Notary Public must chec '-applicable box): are personally known to me. ❑ produced her current driver license. n produced as identification. 'ter_ __ t(lYpt a Ssal _ — oaryPublic c, P'&" SUSAN P POMPLAS 4 '_* `*°--s.. Notary Public-State of Florida I Printed Name of Notary: ( "I. i : ini :. Commission #GG 061643 I Commission Number: 1 •••,;;off p p My Comm.Expires Jan 10,2021 ` My Commission Expires: