Taxpayer Identification & GAP Affidavit PROJECT: Camp Keais Parcel
PARCEL: Oil Well Road(1046.19 Acres)
FOLIO:00227240009,00227240106, 00227280001 and 00227440003
GRANTOR'S NON-FOREIGN,TAXPAYER IDENTIFICATION &"GAP" AFFIDAVIT
The Undersigned, David B. Genson ("Affiant") after being duly sworn, deposes
and says:
1. Affiant is the Senior Vice President of Barron Collier Management, LLC, a
Florida limited liability company ("BCM"). BCM is the sole General Partner of Barron
Collier Partnership, LLLP, a Florida limited liability limited partnership ("Grantor").
Grantor is the fee simple owner and the only owner of the property located in Collier
County and described in Exhibit "A" attached hereto ("Property").
2. Grantor's Legal Name is: Barron Collier Partnership, LLLP, a Florida
limited liability limited partnership.
3. Section 1445 of the Internal Revenue Code ("IRC") requires a transferee of a
U.S. real property interest to withhold tax if the transferor is a foreign person. For U.S.
tax purpose (including IRC §1445), the owner of a disregarded entity having legal title
to a U.S. real property interest under local law will be the transferor of the property and
not the disregarded entity. To inform Collier County, as transferee, that withholding of
tax is not required upon disposition the Property, Affiant affirms that the following is true:
a. Grantor is not a non-resident alien (if individual) or a foreign corporation,
foreign partnership, foreign trust or foreign estate (as those terms are
defined by the Internal Revenue Code and Income Tax Regulations.) for
purposes of U.S. income taxation.
b. Grantor's address is: 2600 Golden Gate Parkway, Naples, Florida
34105.
c. Grantor is not a disregarded entity as defined in Treas. Req §1.1445-
2(b)(2)(iii). (NOTE: A disregarded entity for these purposes means an entity
that is disregarded as an entity separate from its owner under Treas. Reg.
§301.7701-3, a qualified REIT subsidiary as defined in IRC §856(i), or a
qualified subchapter S subsidiary under IRC §1361(b)(3)(B).
4. Grantor's Taxpayer Identification Number is: 65-02437894.
5. For purposes of reporting this Transaction to the Internal Revenue Service on
Form 1099-S, the Property is Grantor's (check one)
Principal Residence Other real estate
PO
G
6. Grantor is in sole constructive or actual possession of the Property, and there
is no other person or entity that has any possessory right in the Property except for the
tenants occupying portions of the Property pursuant to written leases, as described in
Exhibit "B", attached hereto.
7. Grantor has full authority to convey the Property.
8. There are no existing contracts for sale or mortgage commitments other than
those being closed affecting the Property.
9. Grantor knows of no defects in the Property's title and, except for real estate
taxes for the current year and those items identified on Exhibit "C" attached hereto,
there are no liens, encumbrances, mortgages, claims or demands on or against the
Property.
10. There are no unrecorded labor, mechanics', materialmen's liens or "Notices of
Commencement" against the Property; no material has been furnished to or labor
performed upon the Property within the past ninety (90) days which has not been paid
for in full; no notices to owner have been delivered to or received by the Grantor.
11. There are no bills, liens or assessments for sanitary sewers, paving or other
public utilities, or improvements made by any governmental instrumentality, which are
now unpaid, against the Property. Further, Grantor acknowledges responsibility for
water, sewer and electrical consumption charges through date of closing or occupancy
by Grantor, whichever first occurs. If any bills, liens or assessments are found which
relate to the period of Grantor's possession, Grantor will pay same upon demand.
Grantor shall obtain any release documents needed which relate to bills, liens or
assessments not paid at the time of closing.
12. No notice has been received of any public hearing regarding future or pending
zoning changes or assessments for improvements by any governmental instrumentality.
13. Grantor knows of no violations of local or state laws or private covenants,
restrictions or conditions which pertain to the Property.
14. There are no judgments, orders or decrees which have been entered in any
state or federal court against the Property or Grantor, and there are no civil or
administrative actions pending against Grantor or which involve the Property in any
way, including no action for dissolution of marriage or bankruptcy.
15. The Property and all uses of the Property have been and presently are in
compliance with all Federal, State and Local laws, regulations and ordinances, including
environmental laws, and that the Grantor has no knowledge of any spill or
environmental law violation on any property contiguous to or in the vicinity of the
Property; and that Grantor has not received notice and otherwise has no knowledge of
a) any spill on the Property, b) any existing or threatened environmental lien against the
Property or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive closing and/or acceptance and is not deemed satisfied by
conveyance of title.
16. Grantor shall indemnify, defend and hold Collier County harmless against and
from any and all damages, claims, liabilities, actions, expenses, penalties, fines and
costs (including attorney's fees and expenses) incurred by or asserted against Collier
County by reason of or arising out of the breach of Grantor's representations under
Paragraph 15 above, irrespective of whether the undersigned affiants were negligent in
the making of these representations. This provision shall survive closing.
17. There are no unrecorded deeds, judgments, liens, mortgages, easements or
rights of way for users, claims, boundary line or other disputes, or demands of any
nature asserted against or affecting the Property.
18. There are no matters pending against Grantor that could give rise to a lien
that would attach to the Property, or cause a loss of title, or impair title between the
effective date of the title insurance commitment (or title search showing ownership and
encumbrances) and the time of recording of the instruments evidencing the County's
fee simple or other interests in the Property; and that Grantor has not executed and will
not execute any instrument that would adversely affect the title to the Property from the
date of this Affidavit forward.
19. If the conveyance is of fee simple and by purchase, Grantor agrees that in the
event the current real and personal property taxes vary in amount from the figures used
in making the prorations used in closing the conveyance of the Property to County, then
a new proration and a correct and proper adjustment shall be made upon demand.
Grantor understands that all taxes, maintenance charges and assessments due from
Grantor for which a bill is rendered prior to closing will be charged against Grantor on
the closing statement.
20. If the Property is improved property, then Grantor is the owner of said
property, and there are no claims, liens, security interests, claims or demands of any
kind against the furniture, equipment, fixtures and personal property located on the
Property and being sold as part of this transaction.
21. If the Property is rental property, Grantor hereby represents that Grantor
has paid all sales taxes due to the State of Florida to date and will pay any remaining
taxes due in respect to said premises before due and will indemnify and hold harmless
Collier County from Grantor's failure to do so.
22. Grantor agrees to fully cooperate with Collier County when necessary to
correct an error discovered after closing and, in doing so, to execute, without delay, any
corrective instrument(s) needed in order to effectuate the intent of the parties to this
transaction. This provision shall survive closing.
23. Grantor understands that this certification may be disclosed to the Internal
Revenue Service by Collier County and that any false statements made here could be
punished by fine, imprisonment, or both. Grantor further authorizes the submission of
this affidavit if and when required.
24. Under penalties of perjury, I, the undersigned affiant, state that I have
examined this affidavit and to the best of my knowledge and belief it is true, correct and
complete as of the date of execution hereof; that I am authorized to execute this
affidavit as or on behalf of Grantor and to bind Grantor thereby; that I will immediately
notify Collier County of any change to the representations contained herein and that, in
the absence of such notification, Collier County may rely on the representations
contained herein on the day of closing; that Grantor intends for Collier County, its
agents and attorneys, the title company issuing the title policy (if title insurance is to be
issued), its underwriter and its employees, any escrow/settlement agent and other
parties and their attorneys participating in this transaction, to rely on these
representations, and Grantor will indemnify said parties for all damages, loss, liability,
claims, cost and expenses, including attorney fees, which arise out of or result from
their reliance upon these representations, irrespective of whether I was negligent in
making these representations or executing this Affidavit.
-14d
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Wit essi(Signature)
Print: t k r\. Howe I( David . Genson
4ctc
Witness (Signature)
Print: truinev E1 sr.gcMI4.b
STATE OF FLORIDA
COUNTY OF COLLIER
SWORN TO AND SUBSCRIBED before me in person or by online
notarization on this 13 day of API .► t— , 2021 by David B. Genson, who is
personally known to me or who has produced as identification.
WITNESS my hand and official seal this 13 day of Apit ti. , 2021.
(affix notarial seal)
(Signature of Notary Public)
s iALA- F • {+,er���1
SABINA E.HARDY (Print Name of Notary Public)
MY COMMISSION#GG 287225
:A, , • - NOTARY PUBLIC
p EXPIRES:January 14,2023 ,
:FOFF,S°•` Bow Thai Notary Public Underwriters Serial/Commission#:(if any) GG zK 7 ZZS
My Commission Expires: j/i'+,7 d z 3
Approved as to form and legality
Astittant County Attorn .
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 89°12'46" 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°13'01" 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°38'51"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.
Exhibit"A" -Continued.
COASTAL Coastal and Marine Engineering
ENGINEERING Environmental and Geological Services
pill CONSULTANTS Land and Marine Survey and Mapping
Website: www.coastalengineering.com
INC.
(CAMP KEAIS PROPERTY)
PROPOSED INGRESS/EGRESS EASEMENT
LEGAL DESCRIPTION
A STRIP OF LAND LYING IN THAT PART OF SECTIONS 22 AND 27,TOWNSHIP 48 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22, RUN ALONG THE WEST LINE OF
SAID SECTION 22, SOUTH 00°31'06" EAST 110.00 FEET TO THE NORTHWEST CORNER OF THOSE LANDS
RECORDED IN OFFICIAL RECORDS BOOK 4418, PAGE 2154 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA AND THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 00°31'06" EAST ALONG THE WEST LINE OF SAID SECTION 22 FOR A
DISTANCE OF 5,218.36 FEET TO THE NORTHWEST CORNER OF SAID SECTION 27;
THENCE ALONG THE WEST LINE OF SAID SECTION 27 SOUTH 00°22'44" EAST FOR A DISTANCE OF
537.74 FEET;
THENCE LEAVING SAID LINE NORTH 89°52'46" EAST 108.28 FEET;
THENCE NORTH 00°22'44" WEST FOR A DISTANCE OF 537.84 FEET;
THENCE NORTH 00°36'30"WEST FOR A DISTANCE OF 4,949.48 FEET;
THENCE NORTH 89°28'54" EAST FOR A DISTANCE OF 50.00 FEET;
THENCE NORTH 00°36'30" WEST FOR A DISTANCE OF 269.71 FEET TO THE SOUTH LINE SAID LANDS
RECORDED IN OFFICIAL RECORDS BOOK 4418, PAGE 2154;
THENCE ALONG SAID LINE SOUTH 89°19'33"WEST FOR A DISTANCE OF 150.09 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBES APPROXIMATELY 615,426 SQUARE FEET OR 14.13 ACRES OF LAND.
COASTAL ENGINEERING CONSULTANTS, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 2464
RICHARD J. EWING, PSM
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
DATE OF SIGNATURE:
28421 Bonita Crossings Blvd..Bonita Springs.FL 34135 1211 North Range Ave.,Suite F,Denham Springs.LA 70726
Phone(239)643-2324•Fax(239)643-1143 Phone(225)523-7403
F.-mail:inforalcecill.com
SERVING COASTAL COMMUNITIES SINCE 1977
Exhibit"B"
List of Written Leases
1. Farm Lease by and between Barron Collier Partnership, LLLP and Pacific Tomato Growers,Ltd.
dated July 1, 2018,as amended. NOTE: Expires 6/30/2021
2. Farm Lease by and between Barron Collier Partnership, LLLP and Florida Soil Builders, Inc. dated
July 1, 2020,as amended. NOTE:Expires 6/30/2021
3. Recreational Lease by and between Barron Collier Partnership, LLLP and English Brothers.dated
January 1, 2020, as amended. NOTE: Expires 12/31/2021
4. Grazing Lease by and between Barron Collier Partnership, LLLP and English Brothers. dated
January 1, 2021,as amended. NOTE: Expires 12/31/2021
5. Grazing Lease by and between Barron Collier Partnership, LLLP and Jack W.Johnson,Jr.dated
January 1, 2021,as amended. NOTE: Expires 12/31/2021
6. Recreational Lease by and between Barron Collier Partnership, LLLP and Smallwood Island
Conservation Club.dated January 1, 2021, as amended. NOTE: Expires 12/31/2021
Exhibit"C"
List of Exceptions
1. Reservations of Oil,Gas and Mineral Rights recorded in Official Records Book 228, page 667,as
conveyed to Turner Groves Limited Partnership in Official Records Book 2497, page 2505 of the
Public Records of Collier County, Florida. Note: Surface rights expired through MRTA.
2. Reservations of Oil, Gas and Mineral Rights reserved in Deed recorded in Official Records Book
2009, page 1546 and Official Records Book 2493, page 2779, as conveyed to Barron Collier
Resources in Official Records Book 4393, page 2247 and Official Records Book 4393, page 2275
as to Sec 22 &23,together with Notice of Interest in Land recorded in Official Records Book
4587,page 3098 and Official Records Book 4587, page 3167 as to Sec 22 &23, all of the Public
Records of Collier County, Florida.
3. Easement to United Telephone Company of Florida recorded in Official Records Book 972,page
1842, Public Records of Collier County, Florida. (23&26)
4. Communications System Right-of-Way and Easement Deed to Embarq Florida Inc. recorded in
Official Records Book 4287, page 1614, Public Records of Collier County, Florida. (22)
5. Drainage,Access and Maintenance Easement to Collier County recorded in Official Records Book
4418, page 2158, Public Records of Collier County, Florida. (22)
6. Notice of Interim Land Use Limitations recorded in Official Records Book 4462, page 2723,as
amended in Official Records Book 5011, page 3500, Official Records Book 5129, page 1034,
Official Records Book 5484, page 1585, all of the Public Records of Collier County, Florida. (Pors
22,23 & 27)
7. Farm Lease by and between Barron Collier Partnership, LLLP and Pacific Tomato Growers,Ltd.
dated July 1, 2018,as amended. NOTE: Expires 6/30/2021
8. Farm Lease by and between Barron Collier Partnership, LLLP and Florida Soil Builders, Inc. dated
July 1, 2020, as amended. NOTE: Expires 6/30/2021
9. Recreational Lease by and between Barron Collier Partnership, LLLP and English Brothers.dated
January 1,2020,as amended. NOTE: Expires 12/31/2021
10. Grazing Lease by and between Barron Collier Partnership, LLLP and English Brothers. dated
January 1, 2021, as amended. NOTE: Expires 12/31/2021
11. Grazing Lease by and between Barron Collier Partnership, LLLP and Jack W.Johnson,Jr. dated
January 1,2021, as amended. NOTE: Expires 12/31/2021
12. Recreational Lease by and between Barron Collier Partnership, LLLP and Smallwood
Island Conservation Club.dated January 1,2021,as amended. NOTE: Expires 12/31/2021