Parcels 111TCE1 & 111TCE2
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PROJECT: Collier Blvd. Project No. 68056
PARCEL No(s): 111TCE1 and 111TCE2
FOLIO No(s): a portion of 24825000025
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this ,'(1'1:, day of
NO\Mtv\w , 2008, by and between SEMBlER FAMilY PARTNERSHIP #41,
l TO., a Florida Limited Partnership, whose mailing address is 5858 Central Ave., St.
Petersburg, FI 33707 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Florida, its successors and assigns, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"County").
WHEREAS, the County requires a Temporary Construction Easement over,
under, upon and across the lands described in Exhibit "A" (hereinafter referred to as
"TCE"), which is attached hereto and made a part of this Agreement, for the purpose of
constructing roadway, sidewalk, drainage and utility facilities within the public right-of-
way immediately adjacent thereto; and
WHEREAS, the Owner desires to convey the TCE to the County for the stated
purposes, on the terms and conditions set forth herein, including that no compensation
shall be due and payable for the TCE requested by County.
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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. 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. Owner shall convey the TCE to County pursuant to paragraph 3 of this Agreement
(said transaction hereinafter referred to as the "Closing").
3. Prior to Closing, Owner shall use commercially reasonable efforts to obtain from
the holders of any mortgages, liens and other instruments encumbering the TCE,
the execution of such instruments which will remove, release or subordinate such
encumbrances from the TCE upon their recording in the public records of Collier
County, Florida. Owner shall cause to be delivered to County the items specified
herein and the following documents and instruments duly executed and
acknowledged, in recordable form (hereinafter referred to as "Closing Documents")
on or before the date of Closing:
(a) Temporary Construction Easement;
(b) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; and
(c) 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.
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County shall effect the Closing and record the Temporary Construction Easement
and instrument subordinating the mortgage encumbering the TCE. Such Closing
shall occur within sixty (60) days after the date County executes this Agreement
(provided Grantor has executed the Temporary Construction Easement and
obtained said subordination).
4. Owner and County agree to do all things which may be reasonably 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.
5. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the property
underlying the TCE, 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.
(b) Purchaser's acceptance of the TCE 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 property underlying the TCE 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 TCE or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
TCE, 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 are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the TCE.
(f) Owner has not 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 TCE or which adversely affect Owner's ability to perform
hereunder, nor is there any charge or expense upon or related to the TCE
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
TCE 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 TCE and not to do any act or omit to
perform any act which would change the physical condition of the property
underlying the TCE or its intended use by County. Notwithstanding the
above, the terms of this paragraph 5(g) shall not prohibit changes to the
physical condition of the property underlying the TCE in order to comply
with changes to the site development plan approval for the adjacent
shopping center being developed by Owner or the obtaining of a
Certificate of Occupancy therefore required by the County.
.
.\ " .
(h) To Owner's actual knowledge, the property underlying the TCE, and
Owner's uses of the said property, have been and presently are in
compliance with all applicable Federal, State and Local environmental
laws; that no hazardous substances have been generated, stored, treated
or transferred on the property underlying the TCE in violation of applicable
environmental laws except as specifically disclosed to the County; that the
Owner has no knowledge of any hazardous substance spill or
environmental law violation on the property contiguous to or in the vicinity
of the TCE to be conveyed to the County; that the Owner has not received
notice and otherwise has no knowledge of: a) any hazardous substance
spill on the property underlying the TCE; b) any existing or threatened
environmental lien against the property underlying the TCE; or c) any
lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the property
underlying the TCE. This provision shall survive the Closing and is not
deemed satisfied by conveyance of title.
6. 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 of or arising out of the breach of any
of Owner's representations under paragraph 5(h). This provision shall survive the
Closing and is not deemed satisfied by conveyance of title.
7. The use of the TCE by County shall be at the risk and expense of the County, and
Owner is specifically relieved of any responsibility for damage or loss to County or
other persons resulting from County's use of the TCE for its purposes.
8. County shall pay all fees to record any curative instruments required to clear title,
all TCE recording fees, and any and all costs and/or fees associated with securing
and recording a Release or Subordination of any mortgage, lien or other
encumbrance recorded against the property underlying the TCE.
9. The term of the TCE shall expire on the earlier of (i) 1,095 days (three years) after
the date of this Agreement, (ii) the date of completion of construction of the Collier
Boulevard (CR 951) roadway expansion project in the area adjacent to Owner's
"Brooks Village Shopping Center" project of which the TCE is a part (the "Collier
Blvd. Expansion"), or (iii) the date of completion of the public facilities described in
the second paragraph of this Agreement, which term shall commence upon the
recording of a Temporary Construction Easement in the Public Records of Collier
County. In the event that the Collier Blvd. Expansion and the construction of the
public faciliti.es described in the second paragraph of this Agreement above have
not been completed within the initial three-year term of the TCE, County reserves
the right to record in the Public Records of Collier County a Notice of Time
Extension which shall extend the term of the TCE for one (1) additional year only.
Owner shall be provided with a copy of the recorded Notice of Time Extension.
Although no required to effect the automatic termination of the TCE in accordance
with the terms above, Owner shall be entitled (but not required) to record a
termination of the TCE in the Public Records of Collier County, with an effective
date no earlier than the earlier of the expiration of (i) or (ii) in the first paragraph of
this Section 8 above, as applicable. A title insurer or other third party shall be
entitled to rely on such termination document as establishing the termination date
of the TCE. Further, County shall execute an appropriate termination of the TCE,
in recordable form, upon request by Owner.
10. 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,
,
.' 1.< ,
personal representatives, successors, successor trustee, and/or assignees,
whenever the context so requires or admits. .
11. Conveyance of the TCE, or any interest in the property underlying the TCE, by the
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, other than
the TCE. 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.
12. 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.
13. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
14. County agrees to use the TeE in a reasonable manner and to obtain any and all
applicable federal, state and local permits and approvals in connection with
County's use of the TCE, and at all times, to comply with all requirements of all
federal, state and local laws, ordinances, rules and regulations applicable or
pertaining to the use of the TCE by the County.
15. County agrees to restore, at sole cost to County, all areas disturbed during or as a
result of any activities by County as authorized by this Agreement, to substantially
the same condition as such areas existed prior to such activities.
'-I . ft.' .
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO COUNTY:
DATED:~
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~/~'r~I~:B.~CK, Clerk
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AS TO OWNER:
DATED:
II I" 11.~09
:::~r~ ~if
(Signature)
Approved as to form and
legal sufficiency:
t,
. Wright, Assistant County Attorney
TIrree Year Temporary Construction Easement Agreement-2817597v3
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, F ORIDA
BY:
SEMBLER FAMILY PARTNERSHIP
#41 , LTD., a Florida Limited Partnership
By: SEMBLER RETAIL II, INC.,
A Florida Corporation, General Partner
By: /~o~.
t-trGE60eY B. ~f3lEfZ
(Print Full Name)
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(Title)
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BROOKS VILLAGE
PB 99, PG 27
PROPOSED TEMPORARY
CONSTRUcnON EASEMENT
SOU'I'H lINe: Of"
"\.AT OF
BROOKS VILlAGE
PB 99. PC 27
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~ ~ TEMPORARY
~ OR M OFFICIAL. RECORDS (BOOK/PAGE)
i ESSI PROPOSED 5' TEMPORARY CONSTRUCTION I!ASEMENT CONSTRUCTION EASEMENT
f~:7."(.;;:;j PROPOSED RIGHT OF WAY OURAnON? YEARS
~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE ~.
~ OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 *,~h'ttt...J.. -/it.PJS ~Jt>~1Zt
\..- /,~ TRACT R-l, PLAT BOOK 99, PAGE 27, PUBLIC A_1njlt' ~ ~ "
RECORDS, CLOOIER COUNlY,. FLORIDA C~!t~ ~I).#, . V " ".11 'I
LEGAL DESCRIPTION FOR PARCEl. 111TCE1 .,.,W"'''''' +ilJh '" 1"
A PORTION 0". TRACT "(' (FUTURE DEVELOPMENT), OF THE PLAT OF BROOKS VIlLAGE ~ RECORDED IN PLAT BOOK
99, PAGE 27 OF THE PUBLIC RECORDS Of COLLIER COUNTi', fLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH,
RANGE 26 EAST. COWER COUNTi', FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT R-1 AS RECORDED IN PLAT BOOK 99, PAGE 27 OF THE
PUBLIC RECORDS OF COWER COUNlY, FLORIDA;
THENCE N.00'29'08"W.. ALONG THE EAST LINE OF SAID TRACT R-1, FOR 30.00 FEET;
THENCE S,B9"31'OS"W., FOR 20.00 FEET TO THE pOlm OF BEGINNING,
THENCE CONTINUE S.B9'31'OS"W" ALONG SAID NORTH LINE, FOR 5.00 FEET;
THENCE LEAVING SAID NORTH LINE N.00'33'14"W" FOR 1,51 FEET;
THENCE N.33'12'29"E. FOR 36.05 FEET;
THENCE S.00'29'08" E., 9.01 FEET:
THENCE S,33'1Z'Z9"W., FOR 27.04 FEET TO THE pOlm OF BEGINNING OF HEREIN DmR1BTR/D ARCEL
CONTAINING 161 SQUARE FEET MORE OR LESS. ~' .
o 40 80 100 81'
SKE:TCH &: OESCRIPTION ONLY I ~ 'f1.om..t~""'u, ~lli'H. ~
NOT A BOUNDARY SURVEY SCI-LS: 1"-llO' "'...... ""ll!'~lR''''~'tf~dt1$
FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS ~"iu,~ ='l.!ll"'~~~~I~u'D-=- SW OF
COLLIER IlOULEVARD
SKETCH &< DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL IllTCEl
COLLIER COUNTY. FLORIDA
JO~ NUMBER REVISION SECTION
0;'0106.02.00 0006 REV#4 15
LINE TABLE
BEARING
N00'29'OS"W
S9"31'OS"
5 9"3 'OS'
NO .33'14"W
N33'12'Z9"E
S00'29'06" E
S33'12'29"W
LENGTH
30.00'
ZO.OO'
5.00'
1.51'
36.05'
9.01'
27.04'
SHEET
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NORTH 180' OF TRACT 113
SEMBLER FMLY PRTNRSHP #f1 LTO
OR 4140/1022
s
PROPOSED TEMPORARY
CONSTRUcmoN EASEMENT
PARCa 111TCE2
800 SQ. FT.
550'(1')
5'
TRACTS 111 - 114
GOLDEN GATE ESTATES
UNIT 2.6
PLAT BOOK 7 PAGE 15
TRACT 113
SOlJTH 150' Of 1RACT 11 J
SEMBlER FI.ILY PRiNRSHp #+, LID
OR 4140/1041
SOUTH UNE OF
TRACT 113
660'(P)
TRACT 114
SEMBLER FMLY PRTNRSH?
t!~j LTC
OR 4140/1041
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UNE
L1
L2
l3
L4
LS
L6
LINE TABLE
BEARING
N00"29'OB"W
SB9'30'St'W
S89';'O'S2"W
N00"29'OS"W
N69'30'S2"E
500'29'08" E
I It
EXHIBIT {A
Pege...2:... 01..2-.
LENGTH
67.32'
5.00'
5.00'
160.00'
S.OO'
160.00'
OR .. OffiCIAL RECORDS (BOOK/PAGE)
~ PROPOSED S' TEMPORARy CONSTR\.lCilOW EASEMENT
~
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TEMPORARY
CONSTRUCTION EASEMENT
DURA nON S YEARS-*,
PROPOSED RIGHT OF WAY
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7, PAGE 15
LEGAL DESCRIPTION FOR PARCEL l11TCE2
A PORTION OF TRACT 113 GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE
PUBLIC RECORDS OF' COLlIER COUNiY. FLORIDA. LYING IN SEcnON 1S. TOWNSHIP 49 SOUTH. RANGE 26 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARI.Y DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 11 J;
THENCE "'.O()"29'olfw.. ALONG "IliE EAST UNE OF SAID TRACT 11J, FOR 67.32 FEET;
TIiENeE S.89'JO'SZ"W., FOR 5.00 FEET: TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL;
THt:NCE 5.89'30'S2'W., FOR 5.00 FEET;
THENCE N.00'29'08'W., FOR 160.00 FEET;
THENCE N,SS'JO'S2'E., FOR 5.00 FEET; . . .
THENCE S.00"29'Oa" E., FOR 160.00 FEET TO THE POINT OF' BEGINNING OF THE HER7t1JIN DES ~1.aED PARCEL,
CONTAINING 600 SQUARE FEET MORE Of? LESS. ~l ~ . 1 .~1..
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NOT VAl.." WITHOUT 1"HE 0Rl0f0fI\l !JICNA.'l'URE It RAIS!D (I,4E1OSSto SElL or
~ NlRIDO RlClSllREI) _..... SURV[IQR A1lI) ....,.,.EA.
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1l810'MllowPI/I( 00"" Svh 200
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Plulno: (ll3Il S7.Q67i FAX: 123VJ &97-05711
LIl No.: 6952
fiLE NAME
UN26 SK111TCE2
SKETCH &: DESCRIPTION ONLY
NOT A BOUNDARY SURVEY Sc.lI.S: l".llO'
FOR: COLWER COUNTY GOVERNMENT BOARD OF COUNTY COMI,4I$SIONERS
COWER BOULEVARD
SKETCH &: DESCRIPTION OF:
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
PARCEL 11lTCE2
COLLIER COUNTY; FLORIDA.
JOB NUMBER REVISION SECllON
050106,02.00 0006 REV 'J 15
. SHEET
1 OF I
This Instrument Prepared By and Return to:
4257146 OR: 4424 PG: 2374
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COURTY, FL
02/03/2009 at 09:05AM DWIGHT B. BROCK, CLERK
REC m
coms
44.00
5.00
Howard S. Miller, Esq.
Trenam Kemker
200 Central A venue
Suite 1600
St. Petersburg, Florida 33701
Retn:
CLERK TO THB BOARD
INTBROFFICE 4TH FLOOR
BXTS411
lOB
Space above this line for recorder's use only
CORRECTIVE AMENDMENT TO OUITCLAIM DEED AND TEMPORARY CONSTRUCTION
EASEMENT AND RELATED DOCUMENTS
THIS CORRECTIVE AMENDMENT TO QUITCLAIM DEED AND TEMPORARY
CONSTRUCTION EASEMENT AND RELATED DOCUMENTS ("Amendment") is made as of the
Z.O"""dayof .r~V"'I.. ,..~ ' 2009, by SEMBLER FAMILY PARTNERSIDP #41,
LTD., a Florida limited partn Ship, havmg a mmhng address of 5858 Central Avenue, St. Petersburg,
Florida 33707 ("Sembler") and COLLIER COUNTY, a political subdivision of the State of Florida
("County").
RECITALS:
A. Sembler has previously executed and recorded in the Public Records of Collier County,
Florida (the "Public Records") that certain Quitclaim Deed dated November 17, 2008, and recorded in
O.R. Book 4413, at Page 0905, of the Public Records (the "Q/C Deed").
B. Sembler has previously executed and recorded in the Public Records that certain
Temporary Construction Easement dated November 17,2008, recorded in O.R. Book 4413, Page 0910 of
the Public Records (the "TCE").
C. In connection with the Q/C Deed, Sembler and County previously executed that certain
Donation Agreement dated November 17, 2008 (the "Donation Agreement"), and Wachovia Bank,
National Association ("Wachovia") previously executed and recorded in the Public Records that certain
Partial Release of Mortgage dated November 20,2008, and recorded in O.R. Book 4413, Page 0901 of
the Public Records (the "Partial Release").
D. In connection with the TCE, Sembler and County previously executed that certain
Temporary Construction Easement Agreement dated November 17, 2008 (the "TCE Agreement"), and
Wachovia previously executed and recorded in the Public Records that certain Subordination, Consent
and Joinder of Easement dated November 17, 2008, and recorded in O.R. Book 4413, Page 0914 of the
Public Records (the "Subordination, Consent and Joinder"). The Q/C Deed, TCE, Donation
Agreement, Partial Release, TCE Agreement and Subordination, Consent and Joinder are referred to
hereinafter collectively as the "Documents".
Corrective Amendment-2985590v2
OR: 4424 PG: 2375
lOB
E. Exhibit A to each of the Documents incorrectly refers to the Plat of Brooks Village as
having been recorded in Plat Book 99, Page 27 of the Public Records, rather than in Plat Book 49, Page
27 of the Public Records.
F. The purpose of this Amendment is to correct the incorrect recording information for the
Plat of Brooks Village included in each of the Documents.
AGREEMENT:
NOW, THEREFORE, each ofthe Documents is hereby amended as follows:
I. Recitals. The recitals are incorporated herein as if set forth in full.
2. Corrective Amendment. Exhibit A attached to each of the Documents is hereby
amended by replacing each of the references to the Plat of Brooks Village as being recorded in "Plat Book
99, Page 27" (or "PB 99, PG27") of the Public Records with "Plat Book 49, Page 27" (or "PB 49, PG27")
of the Public Records.
3. Representations. The persons executing this Amendment and/or the joinder attached
hereto represent and warrant that they have all requisite authority to execute this Amendment and/or such
joinder (as applicable).
4. Ratification. Except as amended or modified by this Amendment, the terms of the
Documents shall remain in full force and effect.
5. Counterparts. This Amendment may be executed in any number of counterparts, each
of which shall be deemed an original and all of which shall be taken to be one and the same instrument,
for the same effect as if all of the parties hereto (including all parties executing joinders) had signed the
same signature page.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first
above written.
Signatures Begin on Following Page
Corrective Amendmenl-2985590v2
2
OR: 4424 PG: 2376
SEMBLER'S SIGNATURE PAGE
lOB
Witnesses:
SEMBLER FAMILY PARTNERSIDP #41,
LTD., a Florida limited partnership
drmc Q,,,"^,#
Prin~Name: , LCAL T~RUMMCTT
Print ~~el (CJu:e. K '~I C ,-_.
,.) I .1 enn
By: Sembler Retail II, Inc.,
a Florida corporation, its General Partner
~mO~~~B1
Its: P12Ec")1 r:>Ef\J_
STATE OF FLORIDA
COUNTY OF PINEL LAS
The foregoing Corrective Amendment to Quitclaim Deed 'Wi Temporary Construction Easement
and Related Documents was acknowledged before me this ~ day of JANUA0'i 2009, by
heffio-el/ S. ~s ----.Prz.F510alT of Sembler Retail II, Inc., a Florida
corporation, the general partner ofSEMB~R FAMILY PARTNERSHIP #41, LTD., a Florida limited
partnership, on behalf of such entities, LiJ who is personally known to me or LJ who has produced
as identification.
W"'''':~' MICH:?LLE M. MCINTOSH
i', :'j MY COMMISSION # 00709860
'. EXPIRES August 29. 2011
. (. 7; ", -0153 fiorld.NotII hrviee.com
(Notana
lbcJ~M .1tll~
Pnnt Name: M I u...e 1v1. 1vlL! N'f"DC~
NOTARY PUBLIC
My Commission Expires:
Corrective Amendmcnt-2985590v2
3
A TTEST":i; . .
DWI T E, BR9CK;Clerk
STATE OF FLORIDA
COUNTY OF COLLIER
'fx
OR: 4424 PG: 2377
COUNTY'S SIGNATURE PAGE
108
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: /;~, d4.~
Name:~ '" n4 F'tA.(A..,
Its: Ch:/./Io",..,...a h
. -
e al SUffiCien~
right, Assistant County Attornev
Jeff
The foregoing Corrective Amendment to Quitclaim Deed and Temporary Construction Easement
and Relatedft';wnents was ackn~dged -before me this ~day of 1?6fVAry2009, by
n f)1l~ Z (A , as C I rn->#,.." of The Board of County COl!1)f\issioners of
Collier County, Florida, L2<:( who is personally known to me or [---.l who s produced
as identification.
(Notarial Seal)
Corrective Amendment-2985590v2
NOTARY PUBLIC
My Commission Expires:
..,'S/.''i!J:..
'~~''''' :~, CAROlrnSUEFllSON
t\ !" MY COMMISSION # DD 748730
~<l:'" . . EXPIRES: April 28, 2012
'" Bonded'Thru ""*ryPllbk Underwritllrl
4
*** OR: 4424 PG: 2378 ***
JOINDER AND CONSENT TO CORRECTIVE AMENDMENT TO QUITCLAIM DEED AND
TEMPORARY CONSTRUCTION EASEMENT AND RELATED DOCUMENTS
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THE UNDERSIGNED. W ACHOVIA BANK, NATIONAL ASSOCIATION, a national banking
association ("Bank"), hereby consents to, approves and joins in the execution of this Corrective
Amendment to Quitclaim Deed and Temporary Construction Easement and Related Documents to which
this Joinder and Consent is attached.
,,1 IN WIT~SS WHEREOF, the undersigned has caused this Joinder and Consent to be executed
this J..::t day of :..J C/tt1li\ Oi '::) , 2009.
Witnesses:
WACHOVIA BANK, NATIONAL
ASSOCIA TION, a national banking association
t arne:
~~ '
I..t.. A ~
prin~: ::Janice X. T,'c e
STATE OF F Irti.; <lrv-
COUNTY OF '/I s .bor(U..(fI>
Thv:x,re/?oing instrument was acknowledged before me this 1i day of ::rO-f\.u.~ '
2009, by e(Ie. A: b\rn!.l1S, as \~e. c--tO L ~ of W ACHOVIA BANK, NA NAL
ASSOCIATION, on behalf of such entity, who is I personally known to me or I_I who has
produced as identificatio .
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JANICE I( ref
"'I cOMMISSION, DO 405477
F.~pIRU, Apnl27, 2009
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1-1/2-7/07
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(Notarial Seal)
Corrective Amcndment-29R5590v2
5