Partial Assignment & Assumption of Leases PARTIAL ASSIGNMENT AND ASSUMPTION OF LEASES
THIS PARTIAL ASSIGNMENT AND ASSUMPTION OF LEASES (the
"Assignment") is made as of the gj`day of April, 2021 by Barron Collier Partnership,
LLLP, a Florida limited liability limited partnership ( the "Assignor") and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and
assigns, whose post office address is 3335 Tamiami Trail East, Suite 101,
Naples, Florida, 34112 ("Assignee").
WHEREAS, Assignor is presently the owner and holder of all of the Lessor's
interest in the leases and tenancies affecting the real property more particularly
described in "Exhibit A", attached hereto (the "Property") and such leases are detailed in
"Exhibit B-1" and "Exhibit B-2" attached hereto (collectively, the "Leases").
WHEREAS, Assignor desires to assign to Assignee, and Assignee desires to
acquire all of Assignor's interest of lessor in the Leases.
NOW, THEREFORE, in consideration of the payment of Ten and 00/100 Dollars
($10.00), and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties mutually agree as follows:
1. Recitals. The foregoing recitals are true and correct.
2. Assignment. Assignor hereby assigns to Assignee all of Assignor's right, title
and interest in and to the Lease identified in Exhibit "B-1", attached hereto, including
tenant security deposits (if any) and all of the rights and entitlements of the Lessor
under and pursuant to all the existing Leases. In addition, as to the Leases identified
on Exhibit "B-2", attached hereto (the "Partially Assigned Leases"), Assignor hereby
assigns to Assignee Assignor's right, title and interest in and to the Partially Assigned
Leases, including tenant security deposits (if any) and all of the rights and entitlements
of the Lessor under and pursuant to the Partially Assigned Leases, but only to the
extent of the portion of the Property that is included within the applicable `leased
premises' as described in the respective Partially Assigned Leases.
3. Assumption. Assignee hereby assumes Assignor's obligations (arising on or
after the Effective Date of this Assignment) as follows: (a) Assignee assumes all of
Assignors obligations under the Lease identified in Exhibit "B-1", attached hereto, and
(b) Assignee assumes the obligations of Assignor under the Partially Assigned Leases,
to the extent applicable to that portion of the Property included within the 'leased
premises' as described in the respective Partially Assigned Lease.
4. Pro-Ration of Rents. Assignee acknowledges that the Assignor has
collected all rent due under the Leases, as set forth on the schedule attached hereto as
Exhibit "C". Therefore, concurrently with the execution and delivery of this assignment,
Assignor shall grant a credit to Assignee in the amount of$18,630.13, representing that
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portion of the rent income attributable to periods of time on and after the effective date
of this assignment.
5. Lease Administration. Assignor and Assignee shall cooperate in good faith
with each other, with respect to the administration of the Leases. Assignor agrees that
it will not extend any of the Partially Assigned Leases (and, instead, will negotiate new
leases with the applicable tenant, as the existing leases terminate or naturally expire, so
that any new lease between Assignor and a tenant will only pertain to property that is
owned by Assignor. Upon the request of Assignee, if Assignee desires to terminate
(as to the Property) any Partially Assigned Lease (pursuant to a right of termination
thereunder), Assignor will notify the tenant under the applicable Partially Assigned
Lease that such lease is being terminated early (conditioned, however, on Assignee
refunding to Assignor (for refund to the applicable tenant) the pro-rated rent attributable
to the period of time commencing on the effective date of the early termination through
the date on which the applicable lease would have naturally expired).
6. Reciprocal Indemnity. Assignor shall indemnify and hold Assignee harmless
from and against any actions, suits, proceedings or claims, and all costs and expenses
(including, without limitation, reasonable attorneys' fees) incurred in connection
therewith, based upon or arising out of any breach or alleged breach of the Leases or
out of any other statement of facts connected with the Leases solely for the Property that
is owned by Assignor. Subject to the limitation of Section 768.28, Florida Statutes,
Assignee shall indemnify and hold Assignor harmless from and against any actions, suits,
proceedings or claims, and all costs and expenses (including, without limitation,
reasonable attorney's fees) incurred in connection therewith, based upon or arising out of
any breach or alleged breach of any of the Leases solely for the Property that is owned by
Assignee.
7. Binding Effect. This Assignment shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
8. Counterparts. This Assignment may be executed in any number of
counterparts, each of which shall be deemed an original as against any party whose
signature appears thereon, but all of which shall together constitute one and the same
instrument. This Assignment shall become binding when one or more of the
counterparts hereof, individually or taken together, shall have been executed and
delivered by all of the parties hereto.
Signatures Appear on the Following Pages.
a
IN WITNESS WHEREOF, Assignor and Assignee have executed this
Assignment and Assumption of Leases as of the day and year first above written.
ASSIGNOR:
Witnesses (as to both): Barron Collier Partnership, LLLP,
a Florida limited liability limited
partnership
By: Barron Collier Management,
LLC, a Florida limited liability
company its General Partner
ti n By: (,),A7)
Print Name: 'nc-) NowP\k a d B. Genson, Senor V.P.
Print Name: 'gc40rr`y e. froc /4A By:
Brian Goguen, Ch. Investment
Officer
ASSIGNEE:
ATTEST: BOARD F NTY COM 10 RS
Cry K. Kinze , Clerk COLLIE LINTY, FLORI
OL By.
Attest as to ChaiaDsputy Clerk Penny Taylor, Chairperson
irnlI!rca or*.
Approved as to form and legality
AS •(ant County Afton
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EXHIBIT "A"
LEGAL DESCRIPTION
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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°08'51"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'O1" 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°O1'40"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'S0"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°38'51" 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°09'55"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.
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EXHIBIT "B-1"
Florida Soil Builders, Inc. 123 Acre Lease
GP
Exhibit "B-2"
1. Smallwood Island Conservation Club Rec. Lease
2. Pacific Farms 723 ac. farm Leases
3. English Bros. 2,186 ac. Rec. Lease
4. Jack Johnson 1,274 Grazing Lease
S. English Bros & L.W. Bird 1,274 ac, Grazing Lease
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