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Assignment Agreement
File No.EA60-6041753-Delay ASSIGNMENT AGREEMENT (Relinquished Property) THIS ASSIGNMENT AGREEMENT("Agreement")is dated as of April 5,2021 and entered into by and between Barron Collier Partnership,LLLP a Florida limited liability limited partnership By:Barron Collier Management,LLC,a Florida limited liability company,Its General Partner("Exchanger")and Old Republic Exchange Company,a California corporation("Qualified Intermediary"or"QI"). RECITALS A. Exchanger and Collier County,a political subdivision of the State of Florida("Buyer")have entered into that certain Purchase and Sale Agreement,as amended("Sales Agreement")in which Exchanger agreed to sell that certain real property described as located in Collier County,Florida described in Exhibit A attached hereto and incorporated herein by reference,("Relinquished Property"). B. Exchanger desires to assign to QI all of Exchanger's rights,but not obligations,set forth in the Sales Agreement to sell the property to Buyer in connection with a tax-deferred exchange of property between Exchanger and QI. AGREEMENT 1. Exchanger hereby transfers and assigns to QI all of Exchanger's rights,title,and interest in the Sales Agreement, and any consideration paid by Buyer to Exchanger or to the settlement agent handling this transaction,and QI accepts such assignment. 2. Exchanger acknowledges,however,that such assignment does not relieve Exchanger from any and all representations,warranties,indemnifications and obligations under the Sales Agreement. 3. The parties hereto acknowledge that this Assignment Agreement will be null and void if Exchanger does not transfer the Relinquished Property to Buyer under the terms of the Sales Agreement. 4. This Agreement may be executed in counterpart(and by facsimile)and shall be of the same force and effect as if one document had been executed by all parties. IN WITNESS WHEREOF,the parties to this Agreement have executed it as of the dates set forth below. EXCHANGER Barron Collier Partnership,LLLP a Florida limited liability limited partnership By: B n Collier gement,LLC,a Florida limi d ab lit co a ,Its General Partner Date: 1- /13/2 02 By:1 �vlD`pG.4Q*J Its: SeAlivR V c.% P I'Pow 7-- ( gnalnres continue ontolIowairgpage) Delayed Assignment Agreement -Phase 1 1 ©Old Republic Exchange CompanyTM EA60-6041753-Delay All Rights Reserved April 5,2021 t• O • (Signatures conlinaed from pneviouspage) Date: (/,3/Zczl By: Its: CHIEF lruVEptm oFfIc6R QUALIFIED INTERMEDIARY OLD REPUBLIC EXCHANGE COMPANY - , : C{t./ Date: 04/05/2021 Kristen Curry,Assistant Vice President(by:MW) ACKNOWLEDGMENT OF BUYER The undersigned party acknowledges receiving this Assignment Agreement on the date set forth below. BUYER Collier County, : • al subdivision t Sta of Florida Date: ii_?O ~& I By: affrg. Chairperson Its: ATTEST: Approved as to form and legality CRY L K. KINz ,CtERK Deputy C rle k slant CountyAmu ey A Attest as to Cha�imaris • Delayed Assignment Agreement -Phase I 2 ®Old Republic Exchange CompanyTM EA60-6041753-Delay All Rights Reserved April 5,2021 Exhibit"A" ALL THAT PART OF SECTIONS 22, 23,AND 27,ALL OF TOWNSHIP 48 SOUTH. RANGE 29 EAST,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22,THENCE ALONG THE WEST LINE OF SAID SECTION 22,SOUTH 00°31'23" EAST 50.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF OIL WELL ROAD; THENCE,ALONG SAID SOUTH RIGHT-OF-WAY LINE, IN THE FOLLOWING SIX (6) DESCRIBED COURSES: NORTH 89°16'47" EAST 0.20 FEET; NORTH 89°12'46" EAST 149.80 FEET TO THE POINT OF BEGINNING; CONTINUE NORTH 89212'46" EAST 2,494.34 FEET; NORTH 89°13'54" EAST 2,650.56 FEET; NORTH 89°13'04" EAST 2,646.08 FEET; NORTH 89°13'16" EAST 1,243.38 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE,SOUTH 00°46'44" EAST 306.02 FEET; THENCE NORTH 89°13'16" EAST 253.24 FEET; THENCE SOUTH 00°46'44" EAST 246.67 FEET; THENCE NORTH 89°11'42" EAST 904.17 FEET; THENCE SOUTH 37°34'28"EAST 368.44 FEET; THENCE SOUTH 00°14'20"EAST 1,847.61 FEET; THENCE SOUTH 00°16'05" EAST 2,150.79 FEET; THENCE NORTH 78°08'S1"WEST 906.09 FEET; THENCE SOUTH 67°04'03"WEST 782.55 FEET TO A POINT ON THE SOUTH LINE OF THE "COVERED" DESIGNATION AS DEPICTED ON FIGURE 2.1-1 OF THE"EASTERN COLLIER MULTIPLE SPECIES INCIDENTAL TAKE PERMIT APPLICATIONS AND HABITAT CONSERVATION PLAN" DRAFT ENVIRONMENTAL IMPACT STATEMENT PREPARED BY US FISH &WILDLIFE SERVICE, DATED SEPTEMBER 2018; THENCE ALONG THE SOUTH LINE OF SAID"COVERED"DESIGNATION, IN THE FOLLOWING SIXTY-FOUR (64) DESCRIBED COURSES: NORTH 40°57'25"WEST 553.63 FEET; NORTH 18°50'52"WEST 117.24 FEET; NORTH 54°45'52"WEST 186.43 FEET; NORTH 61°54'24"WEST 228.21 FEET; NORTH 52°49'13" WEST 129.48 FEET; NORTH 59°32'50"WEST 125.34 FEET; NORTH 70°42'33"WEST 340.30 FEET; NORTH 17°28'15"WEST 82.19 FEET; NORTH 85°49'36"WEST 196.77 FEET; SOUTH 43°10'15"WEST 114.48 FEET; NORTH 84°06'12"WEST 187.44 FEET; SOUTH 60°25'35" WEST 129.58 FEET; SOUTH 73°56'59"WEST 107.13 FEET; NORTH 80°32'58"WEST 442.73 FEET; NORTH 73°07'43"WEST 184.65 FEET; NORTH 43°29'27" WEST 121.42 FEET; NORTH 81°45'50" WEST 102.40 FEET; NORTH 49°21'10"WEST 354.20 FEET; NORTH 36°20'05"WEST 121.17 FEET; SOUTH 86°13'01"WEST 534.65 FEET; NORTH 76°16'15"WEST 596.75 FEET; SOUTH 15°32'18"WEST 1,233.80 FEET; NORTH 79°08'14"WEST 131.66 FEET; NORTH 75°56'18"WEST 601.13 FEET; SOUTH 22°44'19"WEST 33.88 FEET; NORTH 79°01'40"WEST 251.91 FEET; NORTH 79°01'42"WEST 25.14 FEET; NORTH 74°02'33"WEST 6.43 FEET; NORTH 73°12'44"WEST 434.82 FEET; NORTH 81°42'23"WEST 47.17 FEET; SOUTH 00°06'39" EAST 137.21 FEET; SOUTH 07°26'16" WEST 100.98 FEET; NORTH 59°06'50"WEST 570.30 FEET; NORTH 85°00'40"WEST 317.20 FEET; SOUTH 00°26'02" WEST 55.93 FEET; SOUTH 74°20'48" WEST 74.46 FEET; SOUTH 02°20'06"WEST 555.16 FEET; SOUTH 02°39'34" WEST 76.39 FEET; NORTH 87°00'27" EAST 84.22 FEET; SOUTH 79°20'34" EAST 209.20 FEET; SOUTH 00°06'39" EAST 75.51 FEET; SOUTH 05°17'23" WEST 260.45 FEET; SOUTH 52°52'28"WEST 102.76 FEET; SOUTH 86°57'10" WEST 98.13 FEET; SOUTH 49°20'23" WEST 67.87 FEET; SOUTH 74°27'01"WEST 46.78 FEET; SOUTH 46°49'57"WEST 126.19 FEET; SOUTH 43°57'52"WEST 152.99 FEET; SOUTH 49°20'23" WEST 72.21 FEET; CONTINUE ALONG SAID LINE SOUTH 49°20'23"WEST 29.22 FEET; SOUTH 20°38'S1"WEST 29.66 FEET; SOUTH 26°30'53" WEST 253.20 FEET; SOUTH 18°11'27" WEST 19.94 FEET; SOUTH 83°15'35"WEST 101.76 FEET; SOUTH 87°09'S5"WEST 168.98 FEET; NORTH 59°37'17"WEST 14.84 FEET; NORTH 74°59'37"WEST 14.07 FEET; NORTH 56°26'12"WEST 50.23 FEET; NORTH 35°39'56"WEST 72.77 FEET; NORTH 88°30'35"WEST 403.55 FEET; SOUTH 53°59'46"WEST 100.98 FEET; SOUTH 00°06'39" EAST 50.75 FEET; SOUTH 56°40'16"WEST 97.79 FEET; SOUTH 89°53'21"WEST 299.02 FEET; THENCE LEAVING SAID SOUTH BOUNDARY,SOUTH 89°52'46" WEST 208.07 FEET; THENCE NORTH 00°22'44"WEST 537.84 FEET; THENCE NORTH 00°36'30"WEST 4,949.48 FEET;THENCE NORTH 89°12'46" EAST 50.00 FEET; THENCE NORTH 00°36'30"WEST 330.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,046.19 ACRES, MORE OR LESS. LESS AND EXCEPT:The South 60.00 feet of the North 110.00 feet of the Northwest Quarter(NW 1/4)of Section 22, Township 48 South, Range, 29 East, Collier County,Florida, being more particularly described as follows: Commence at the Northwest corner of said Section 22, said corner lying on the existing center line of Oil Well Road (C.R. 858, 100' Right-of-Way);thence leaving said center line S 00°31'06" E along the west line of said Section 22 for 50.00 feet to an intersection with the existing south right of way line of said Oil Well Road and the Point of Beginning;thence leaving said south line and continuing along said west line S 00°31'06" E for 60.00 feet;thence leaving said west line N 89°19'33" E for 2644.83 feet to an intersection with the east line of the Northwest Quarter of said Section 22;thence along said east line N 00°51'02"W for 60.00 feet to an intersection with the said existing south right-of-way line of Oil Well Road, said point of intersection bearing S 00°51'02" E and 50.00 feet from the north One Quarter(1/4)corner of said Section 22;thence leaving said east line and along said south right-of-way line S 89°19'33"W for 2644.48 feet to the Point of Beginning. Containing 3.643 acres, more or less.