Backup Documents 02/08/2022 Item #11E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting. n
**NEW** ROUTING SLIP 1" L S • £ X P€O -
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office—JAB, ACA County Attorney Office JAB _ (_, 2.8.21
2. BCC Office Board of County On ama /�/
Commissioners /S1
3. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION QtY1
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
ab„ve,may need to contact staff for additional or missing information.
Name of Primary Staff Jennifer A. Belpedio, ACA STAFF PERSON 239-252-8194
Contact/ Department PHONE#
Agenda Date Item was 2/8/22 ✓ Agenda Item Number I6F6
Approved by the BCC 6440 Q #o I/E,
Type of Document GROUND LESSOR CONSENT AND Number of Original 2 (C hcA$l )11igis)
Attached ESTOPPEL Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signatur STAMP OK N/A
2. Does the document need to be sent to another agency for additional signature5.2._I
provide the Contact Information (Name;Agency;Address; Phone) on aclattached she
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB
signed by the Chairman,with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A(insert N/A
should be provided to the County Attorney Office at the time the item is input into SIRE. unless an
Some documents are time sensitive and require forwarding to Tallahassee within a certain ordinance)
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on above date and all changes made during JAB N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes, if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the JAB N/A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the o Qj an option for
Chairman's signature. this line.
N leas-e- , % ek-t —67 -'aq 1P3 , AC lA
2) e A s c e _,N.a; ► ) a Ya( CC : S"tk a Lk) l Cod e s . ��LL
.See a j rack{
a.� da11 C60..3 ns
K.a}i1r9N G ave. .‘
1 E
BelpedioJennifer
From: Mychelle Alonso <mychelle.alonso@clubcorp.com>
Sent: Wednesday, February 9, 2022 9:53 AM
To: BelpedioJennifer
Cc: Randall Cousins; Kathryn Garrity
Subject: RE: Bigshots
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Randall and Kathryn. _',y1q 1 I `� ,� S Z
Thank you
r� Tc 4 S ar‘c.A
From: BelpedioJennifer<Jennifer.Belpedio@colliercountyfl.gov>
Sent: Wednesday, February 9, 2022 8:40 AM C C 1
To: Mychelle Alonso <mychelle.alonso@clubcorp.com>
Cc: Randall Cousins<randall.cousins@clubcorp.com>; Kathryn Garrity<Kathryn.G. rity@c ubcorp.com>
Subject: RE: Bigshots
Thank you! I am putting everything together now to route for signature. • ce executed by ur Board Chair, who should
it be e-mailed back to on your end?
NOTE: We are trying to handle this electronically to expedite but i• s up to your Mortgage u derwriter as to what is
needed. If the Ground Lessor Consent and Estoppel will be ele onically filed I expect you a in a good position.
Jen
From: Mychelle Alonso <m chelle.alonso • clubcorr- •m>
Sent: Wednesday, February 9, 2022 9:31 AM
To: BelpedioJennifer<Jennifer.Belpedio@colliercountyfl.gov>
Cc: Randall Cousins<randall.cousins@clubcorp.com>; Kathryn Garrity<Kathryn.Garrity@clubcorp.com>
Subject: RE: Bigshots1111
02
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Let me know if the original needs to be sent via fedex.
Thank you,
Mychelle
From: Randall Cousins <randall.cousins@clubcorp.com>
Sent:Tuesday, February 8, 2022 3:59 PM
To: Mychelle Alonso <mychelle.alonso@clubcorp.com>; Kathryn Garrity<Kathryn.Garrity@clubcorp.com>
Subject: Fw: Bigshots
Mychelle - Please have Emily sign the attached and send back to Jennifer below.
1
1 1 E
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Wednesday, February 9, 2022 11:41 AM
To: 'randall.cousins@clubcorp.com'; 'Kathryn.Garrity@clubcorp.com'
Cc: BelpedioJennifer
Subject: Ground Lessor Consent & Estoppel (between Collier County&CC BSG Naples, LLC)
Attachments: CC BSG Naples, LLC Ground Lessor Consent & Estoppel.pdf
Good Morning,
The attached Grouvtd Lessor Consent & Estoppel
is being provided for your records.
Thavtk you.
Ann Jennejohn
13MR Senior Deputy Clerk II
tt'tT+iH kl Clerk to the Value Adjustment Board
Office: 239-252-8406
Fax: 239-252-8408 (if applicable)
Av<vt.Jevtvtejohvt@CollierClerk.cowt
r`If/ ,RS' Office of the Clerk of the Circuit Court
& Cowtptroller of Collier County
3299 Tawtiavvti Trail, Suite #4O1
Naples, FL 34112-5324
www.Coll ierCl erk.cowt
i
1 1 E
MEMORANDUM
Date: February 9, 2022
To: Jennifer Belpedio, Assistant County Attorney
Office of the County Attorney
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Ground Lessor Consent & Estoppel
Attached for your records is an original copy of the document referenced above,
(Item #11E) approved by the Board of County Commissioners on February 8, 2022.
The second original has been held by the Minutes and Records Department for the
Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
11Fr
GROUND LESSOR CONSENT AND ESTOPPEL
This GROUND LESSOR CONSENT AND ESTOPPEL ("Agreement") is given on
FPbisua g , 2022, by and between Collier County, a political subdivision of the State of
Florida ("Lessor"), and CC BSG Naples, LLC, a Nevada limited liability company, registered to
do business in the State of Florida ("Lessee"), in favor of First Foundation Bank, a California
state-chartered non-member bank (together with its successors and assigns "Lender"), with
respect to the following facts:
RECITALS
A. Lessee is the ground tenant pursuant to that certain "Lease" (as hereinafter
defined) and the holder of a leasehold interest ("Leasehold Interest") in that certain real property
in the County of Collier, State of Florida, the legal description of which is more particularly
described on Exhibit"A" attached hereto ("Property").
B. Lender is making a loan to Lessee in the sum of Twelve Million Seven Hundred
Seventeen Thousand and 00/100 Dollars ($12,717,000.00) ("Loan"), which Loan is to be
secured in part by a Leasehold Mortgage and Security Agreement ("Leasehold Mortgage")
encumbering the Lessee's Leasehold Interest under the Lease.
C. In connection with the making of the Loan, Lender, Lessee and Lessor have
agreed to execute and deliver to Lender this Agreement.
NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Lessor and Lessee, for themselves and their successors and
assigns, hereby represent and warrant to Lender and covenant and agree for the benefit of
Lender as follows:
CONSENT
1. Lease. The term "Lease" shall mean that certain Collier County Standard Form
Long-Term Lease and Operating Agreement dated as of May 25, 2021, by and between Lessee
and Lessor, as amended from time to time.
2. Estoppel Provisions. Lessor recites and confirms to Lender as follows:
2.1 Lessor has received a copy of the Leasehold Mortgage and the
promissory note secured thereby and approved of the recording of the Leasehold Mortgage as
an encumbrance against Lessee's Leasehold Interest under the Lease and Lessee's right, title
and/or interest in any improvements, fixtures and other property located on the Property.
Lessor hereby agrees that Lender shall have all of the rights of a leasehold mortgagee under
Article 10 of the Lease. Lessor further agrees that the assignment of rents and subleases
U
1 I E
contained in the Leasehold Mortgage includes all rents and other sums due from subleases and
concessionaries on the Property.
2.2 The Lease is unmodified, in full force and effect and is enforceable
against Lessor in accordance with its terms. The Lease represents the entire agreement
between Lessor and Lessee. Lessor has no rights or interests in the Property or any part
thereof other than as set forth in the Lease. Lessee is not in default under the Lease and no
event has occurred and, to the best of Lessor's knowledge, no conditions exist which, with the
giving of notice or the lapse of time, or both would constitute a default under the Lease. There
are no disputes between Lessor and lessee concerning the Lease, the Property or the
Improvements therein or thereon and Lessee has completed any and all construction
improvements or otherwise under the Lease.
2.3 The term of the Lease commenced on May 25, 2021, the current term of
the Lease is for twenty (20) years, and Lessee has the option to extend the Lease for four (4)
successive renewal periods of five(5) years each.
2.4 Current monthly rent under the Lease is$0,00.
2.5 There Is not past due and owing rent claimed by Lessor under the Lease;
no rent has been paid in advance, other than as provided by the Lease; the sum of $0.00 is
currently the balance of the security deposit and/or last month's rent held by Lessor; all
requirements of the Lease required to be performed by Lessee as of the date hereof have been
complied with and there has been no violation of or default under any of the Lease terms on the
part of Lessee or Lessor as of this date, and no facts exist which, with the giving of notice,
and/or the passage of time, would constitute such a default.
2,6 Lessor acknowledges that during the term of the Lease, including any
extensions or renewal period, title to the improvements, fixtures and buildings located on the
Property shall remain In Lessee (including its successors) under the Lease. Lessor has not
received any notice that (a) the Property is in violation of any laws, municipal ordinances, rules
or requirements, including without limitation environmental laws, affecting the Property as of the
date hereof, or (b) there is any pending or threatened condemnation action or eminent domain
proceeding affecting the Property.
2,7 Notwithstanding anything to the contrary contained in the Lease, until the
Loan is paid in full to Lender, Lessor will not cause or consent to any mortgage of Its fee title
ownership interest in the Property or to any material amendment, modification, cancellation,
termination or change of the Lease, without the prior written consent of Lender, which consent
shall not be unreasonably withheld, conditioned or delayed; provided, however, (i) nothing
herein shall be deemed to require Lender consent in connection with any increases of rent set
forth in the Lease, and (ii) any mortgage, lien, encumbrance or other interest of any third party In
or against Lessor's fee title ownership interest in the Property shall be subordinate to the Lease
and the Leasehold Mortgage.
2.8 Lessor has taken all necessary action and received all necessary
approvals with respect to the execution and delivery of this Agreement, and the persons who
executed this Agreement on behalf of the Lessor were duly authorized to do so.
2.9 No actions, voluntary or involuntary, are pending by or against Lessor
under the bankruptcy laws of the United States or under the insolvency laws of any state
Ground Lessor Estoppel
Page 2
UaC
1 1 E
thereof. Notwithstanding anything to the contrary contained in the Lease, Lessor has not
assigned, transferred, mortgaged or hypothecated the Lease or any interest therein or Lessor's
fee simple title to the Property. Lessor has not received any notice that Lessee has made any
prior assignment, pledge or hypothecation of all or any part of Lessee's interest in the Lease or
the Property,.
2.10 Lessor shall not disturb the possession, interest or quiet enjoyment of any
permitted sublessee of Lessee for any reason, or in any manner, which would materially and
adversely affect Lender's rights under the Leasehold Mortgage.
2.11 Lessor hereby subordinates to the lien of the Leasehold Mortgage
(including UCC Financing Statements), any lien provided for in the Lease and any statutory or
possessory liens, including, without limitation, rights of levy or distraint for rent, it may have or
assert under the Lease against any of the assets of the Lessee under the Lease. Lessor hereby
consents to Lender entering the Property for the purpose of Lender exercising its rights and
remedies under the Leasehold Mortgage including, without limitation, removing equipment,
trade fixtures and other personal property from the Property, provided, however, Lender agrees
to repair any damage resulting from such removal.
3. Notice and Cure Rights,
3.1 In the event Lessor sends any notice to Lessee pursuant to the Lease
(each, a "Notice"), including without limitation a notice of default, notice of condemnation or
notice of termination due to default, Lessor will send a contemporaneous, duplicate copy of
such Notice to Lender. Lender will have the right, but not the obligation, to cure such default
and Lessor will accept Lender's cure of any default by Lessee tendered within the cure period
set forth in Section 11 of the Lease (provided, however, with respect to each default under the
Lease which can be cured by the payment of money, either to Lessor or to third-parties, in
accordance with the terms and conditions of the Lease (each, a "Monetary Default"), Lender
shall have at least thirty (30) additional days from the date of Lender's receipt of a Notice of
such Monetary Default to cure such Monetary Default). With respect to defaults under the
Lease which cannot be cured by the payment of money or are personal to Lessee (such as any
default with respect to the corporate status of Lessee, the filing of bankruptcy of Lessee, etc.),
Lessor agrees to waive each such default that Lender is reasonably incapable of curing, and
Lessor has not right to terminate the Lease as a result of any such default that Lender Is
reasonably incapable of curing (provided, however, with respect to each default under the
Lease which cannot be cured by the payment of money, in accordance with the terms and
conditions of the (each, a "Non-monetary Default"), Lender shall have at least sixty (60)
additional days from the date of Lender's receipt of a Notice of such Non-monetary Default to
cure such Non-monetary Default). Within 10 days after a request by Lender, Lessor shall
provide Lender with a signed statement indicating whether or not any defaults exist under the
Lease and such other matters concerning the Property and the Lease as Lender may
reasonably request. Lessor acknowledges that while the Lease Is in effect the Lessee under
the Lease holds fee title to the Improvements; provided, however, fee title to the Improvements
shall vest in Lessor upon the expiration or earlier termination of the Lease (but such vesting
issubject to Lender's rights to succeed to the Lessee's fee title to the Improvements as a result
of Lender exercising its right to enter into a new ground lease for the Property pursuant hereto).
3.2 There shall be no merger of title in the event that Ground Lessor or
Ground Lessee, or their successors in interest, holds title, directly or indirectly, to both the
Leasehold Interest and the fee interest in the Property.
Ground Lessor Estoppel `ttv
O
Page 3 C.)
1IE
3.3 All notices to Lender shall be provided at the address set forth below or
such other address or person as Lender may from time to time hereafter specify in the manner
provided above:
If to Lender: First Foundation Bank
3560 Kraft Road
Naples, Florida 34105
Attn: Scott D. Koenig, Senior Vice President
4. Assignment of Rights.
4.1 Lender shall have the right to assign its right, title and interest in the
Leasehold Mortgage to any third party. Until Lender or its assignee has completed a
foreclosure of the Leasehold Mortgage or accepted an assignment of the Lease in lieu of
foreclosure, neither Lender not its assign shall be deemed to have assumed any of Lessee's
obligations under the Lease and Lessee shall be responsible for all of its obligations under the
Lease; provided however, in the event that Lender and/or Lessee have not cured any default
under the Lease pursuant to the terms hereof and the Lease, Lessor shall be entitled to Its
rights under the Lease. After any such foreclosure or acceptance of an assignment of the
Lease in lieu of foreclosure, Lender or Its assignee, as the case may be, shall be deemed by
virtue of such conveyance to have assumed all of Lessee's obligations accruing under the
Lease from and after the date of such conveyance and Lessor shall recognize Lender as tenant
under the Lease; provided, however, that notwithstanding anything to the contrary contained in
the Lease and/or this Agreement, Lender shall not be obligated to construct and/or rebuild any
improvements on the Property beyond the cost of any insurance proceeds or condemnation
award actually received by Lender; provided further that Lender's assignee shall be required to
perform all of Lessee's obligations under the Lease. Notwithstanding anything to the contrary
contained in the Lease, Lessor hereby agrees that, in connection with any foreclosure, deed-in-
lieu of foreclosure or any other enforcement action under the Leasehold Mortgage, Lender shall
have the right to assign its right, title and interest in the Lease, or the new ground lease as
provided herein, to any third party so long as the assignee delivers to Lessor a written
assumption agreement signed by the assignee wherein the assignee assumes the obligations of
the ground lease accruing under the Lease, or such new ground lease, from and after the date
of such assignment. Lender shall not be liable for obligations under the Lease in excess of
Lender's interest in the Property (including without limitation any rents, Issues and proceeds
from the Property). Upon any such assumption of the ground lessee's obligations under the
Lease, or such new ground lease, by an assignee of Lender, Lender shall be automatically
released of all of its obligations under the Lease, or such new ground lease. Nothing in this
Section 4.1 shall be construed to imply that Lender shall not be required to cure any default
under the Lease pursuant to the terms of the Lease and this Agreement.
4,2 Lessor acknowledges that the Leasehold Mortgage contains a power of
attorney from Lessee in favor of Lender pursuant to which Lender shall have the right upon the
occurrence of an "Event of Default" (as defined in the Leasehold Mortgage) to exercise certain
of Lessee's rights as tenant under the Lease. Lessor agrees to recognize such power of
attorney and to accept the performance by Lender or its assignee of Lessee's rights as tenant
under the Lease pursuant to such power of attorney; provided, however, that Lender or its
assignee shall not be deemed to have assumed Lessee's obligations as tenant under the Lease
by virtue of Lender or its assignee exercising its rights under such power of attorney unless and
Ground Lessor Estoppel
Page 4
C.►
1 1 E
until Lender or its assignee has completed a foreclosure of the Leasehold Mortgage or accepted
an assignment of the Lease in lieu of foreclosure,
5. Mortgagee Protections. During the continuance of the Leasehold Mortgage and until
such time as the lien of the Leasehold Mortgage shall have been extinguished, the parties agree
as follows:
5,1 Lessor shall not agree to any mutual termination nor accept any
surrender of the Lease, except upon the expiration of the term of the Lease or its termination In
the event of a default thereunder, subject to Section 5.3 below. Lessor further agrees that no
material amendment or modification of the Lease shall be binding upon the Lender or any
purchaser in foreclosure from Lender unless Lender has given its prior written consent to such
amendment or modification.
5.2 Lender may be named insured on any fire and other casualty insurance
policies carried by Lessee and covering the Property and all improvements thereto. All
proceeds of any insurance policies or condemnation award shall be held by Lender, for the
benefit of Lender and Lessee and subject to disbursement or application in accordance with the
Leasehold Mortgage. In the even that at any time prior to the expiration of the term of the Lease
there shall be partial or total destruction of the buildings and improvements then on the Property
from any cause, Lessee may elect to restore and rehabilitate said building and improvements.
Subject to the terms and conditions of, and except as otherwise provided in, the Leasehold
Mortgage, all proceeds of all property damage insurance shall be disbursed to Lessee upon
such terms as Lender may require pursuant to the Leasehold Mortgage.
5.3 Lessor agrees with Lender that from and after the date hereof, Lessor will
not terminate or seek to terminate the Lease by reason of any act or omission of Lessee
thereunder or for any other reason (including without limitation the bankruptcy of Lessee) until
Lessor shall have given written notice, by overnight courier, of said act or omission to Lender at
the address set forth above and Lender shall have the right (but not the obligation) to enter the
Property and cure any default of Lessee under the Lease (the cure period to include such time
as may be required for Lender to cure the default by if necessary, taking possession of the
Property, by foreclosure, through deed in lieu of foreclosure or otherwise, its being expressly
acknowledged that to the payment of rent, providing any insurance and making any other
payments do not require possession of the Property) and Lender shall have the right, but not the
obligation, at any time prior to termination of the Lease to pay all rental due thereunder, to
provide any insurance and make any other payments, to make any repairs and improvements
and do any other act or thing required of Lessee thereunder, and to do any act or thing which
may be necessary and proper to be done in the performance and observance of the covenants,
conditions and agreements thereof to prevent the termination of the Lease. All payments so
made, and all things so done and performed by Lender shall be as effective to prevent a
termination of the Lease as the same would have been if made, done and performed by Lessee j.
instead of by Lender.
5.4 In the event of (a) any rejection of the Lease in any bankruptcy
proceeding, or(b) any other termination of the Lease, whether before or after foreclosure, then
Lessor agrees to enter into a new lease ("New Lease") of the Property with Lender or affiliate for
the remainder of the term of the Lease (including options to renew), which New Lease shall be
effective from the date of such rejection or such other termination, at the rent and upon the
same terms, covenants, conditions and restrictions and limitations contained in the Lease,
provided that:
Ground Lessor Estoppel
Page 5 0
G�
1 1 E
5.4,1 Lender shall make written request upon Lessor for such New
Lease within thirty (30) days after the date of such rejection or such other termination (subject to
the provisions of Section 5.6 below);
5.4.2 Lender shall pay or cause to be paid to Lessor, at the time of
execution and delivery of such New Lease, any and all sums which would at the time of such
execution and delivery be due pursuant to the Lease but for such rejection or such other
termination, and, in addition thereto, all reasonable costs, including attorneys' fees, which
Lessor shall have incurred by reason of such rejection or such other termination and the
execution and delivery of the New Lease;
5.4.3 Lender shall cure any default in the payment of rent or other
covenants,terms and conditions of the Lease pursuant to the provisions of this Section 5.4;
5.4.4 As among Lessor, Lessee and Lender, the New Lease shall relate
back to, and have the same record priority as of, the date of the original Lease.
5.5 The New Lease shall confirm ownership by Lessee of all improvements
then located on the Property subject to the provisions of the Lease.
5,6 If and so long as Lender is prevented, by any process or injunction issued
by any court or by reason of any action by any court having jurisdiction of any bankruptcy or
insolvency proceedings involving Lessee, from commencing or prosecuting foreclosure or other
appropriate proceedings in the nature thereof, or from exercising any other right or remedy
under or pursuant to this Agreement, it shall not be deemed for that reason to have failed to
commence such proceedings, or to have failed diligently to prosecute such proceedings or to
exercise such right or remedy, provided, however, that Lender shall use reasonable efforts to
contest and appeal the issuance of any such process or injunction and provided further that
Lender cures all monetary defaults of the Lease pending such foreclosure or exercise of rights
or remedies in accordance with this Article 5. If Lender performs the terms of this
subparagraph, then Lessor shall not terminate the Lease while such process or injunction is in
effect, or thereafter so long as Lender is proceeding with due diligence and is otherwise
complying with the provisions of this Article 5.
5,7 Nothing herein shall require Lender to commence or to continue any
foreclosure proceedings; provided however, that if Lender does not commence such
proceedings or if it commences and thereafter discontinues such proceedings, then Lessor may
exercise rights and remedies available to it under the Lease.
6. Prevailing Party Attorneys' Fees. In the event of any litigation arising out of any
dispute or controversy concerning this Agreement, the prevailing party shall be entitled to
recover as an element of its costs of suit, and not as damages, reasonable attorneys'fees to be
fixed by the court. The "prevailing party" shall be the party who is entitled to recover its costs of
suit, whether or not the suit proceeds to final judgment. A party not entitled to recover its costs
shall not recover attorneys' fees. No sum for attorneys' fees shall be included in calculating the
amount of a judgment for purposes of deciding whether a party Is entitled to its costs or
attorneys' fees. All references to "attorneys' fees" in this Agreement shall include without
limitation such amounts as'may then be charged by the Lessor or Lender for legal services
furnished by attorneys in the employ of Lessor or Lender, at rates not exceeding those that
would be charged by outside attorneys for comparable services.
Ground Lessor Estoppel
Page 6
1 I E
7. Counterparts. This Agreement may be executed in any number of counterparts, and
each of the counterparts shall be considered an original and all counterparts shall constitute but
one and the same instrument.
IN WITNESS WHEREOF, this Agreement is executed as of the date first set forth above.
LESSOR:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K,KINZEL, CLERK COLLIER COUNTY,FLORIDA_04 - • (-I-)
•
411110
By C By: , �=� ��
Aktost -•LERK WILLI L. MCD' IEL, JR.,, CH• IRMAN
c
6H i MON'eg
LESSEE:
CC BSG NAPLES, LLC
B
Y•
Name: Emily C. Decker
Title: Secretary
Approved as to form and legality:
Je er . Belpedio ,';L_
Assistant County Anon C> N •
•
Ground Lessor Estoppel
Page 7 0
GQ`
1 1 E
EXHIBIT A
TRACTS A AND B, GOLDEN GATE- UNIT 1, ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 5, PAGES 60 TO 64, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
TOGETHER WITH;
TRACT A, GOLDEN GATE UNIT 8 PART 1, ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 5, PAGES 147 TO 151, AND TRACT A,
GOLDEN GATE- UNIT 8 PART 2, ACCORDING TO THE MAP OR PLAT THEREOF
AS RECORDED IN PLAT BOOK 9, PAGES 107A TO 112, ALL OF TIIE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
LESS AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LANDS:
LESS 1: BEGIN AT A POINT, CORNER NUMBER 1, 354.50 FEET SOUTH AND
370,13 FEET EAST OF THE NORTHWEST CORNER OF TRACT "A" OF GOLDEN
GATE SUBDIVISION UNIT 8, PART 2, AS SHOWN ON A PLAT THEREOF
RECORDED IN PLAT BOOK 9,PAGES 107A-112, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE RUN N. 0 DEGREES 15' 04" W. 16.91 FEET
TO CORNER NUMBER 2 ON THE EAST LINE OF AN ACCESS EASEMENT;
THENCE RUN N. 12 DEGREES 51' 43" E. 31.94 FEET ALONG SAID EASEMENT TO
A POINT OF CURVATURE, THENCE RUN NORTHERLY ALONG THE ARC OF A
CURVE TO THE LEFT WHOSE RADIUS IS 577,88 FEET AND WHOSE CENTRAL
ANGLE IS 7 DEGREES 47' 03", FOR AN ARC DISTANCE OF 78,51 FEET TO
CORNER NUMBER 3; THENCE N. 89 DEGREES 44' 56" E. 89.59 FEET TO CORNER
NUMBER 4; THENCE S. 0 DEGREES 15' 04" E. 116.40 FEET TO CORNER NUMBER
5; THENCE S. 89 DEGREES 44' 56" W. 98.46 FEET TO CORNER NUMBER 6;
THENCE S. 50 DEGREES 09' 46" W. 14.20 FEET TO CORNER NUMBER 1 AND THE
POINT OF BEGINNING.
LESS 2: A PARCEL OF LAND IN COLLIER COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS AND BEING A PART OF THE PLAT
OF TRACT A OF GOLDEN GATE UNIT 8, PART 2, AS RECORDED IN PLAT BOOK
9, PAGE 107A, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF TRACT A; THENCE RUNNING SOUTH A DISTANCE OF
649.27 FEET ALONG THE WEST BOUNDARY OF SAID TRACT A; THENCE
RUNNING EAST 336.31 FEET TO A POINT, SAID POINT BEING ALSO DESCRIBED
AS THE POINT OF BEGINNING; THENCE RUN NORTH 89° 54' 21" EAST, A
DISTANCE OF 331.15 FEET TO A POINT; THENCE RUN NORTH 0° 09' 03" EAST A
DISTANCE OF 75.04 FEET TO A POINT;THENCE RUN NORTH 23° 43' 43" EAST A 1
DISTANCE OF 104.18 FEET TO A POINT;THENCE RUN NORTH 47° 07'42" WEST A
Ground Lessor Estoppel Crap
Page 8
1 1 E
DISTANCE OF 196.55 FEET TO A POINT; THENCE RUN SOUTH 89°44'56" WEST A
DISTANCE OF 184.50 FEET TO A POINT; THENCE RUN SOUTH 50°09'46" WEST A
DISTANCE OF 14.20 FEET TO A POINT; THENCE RUN SOUTH 11° 04' 09" WEST A
DISTANCE OF 113.36 FEET TO A POINT; THENCE RUN SOUTH 3° 45' 30" WEST A
DISTANCE OF 183.92 FEET TO THE POINT OF BEGINNING.
LESS 3: COMMENCING AT THE NORTHWEST CORNER OF TRACT I OF SAID
GOLDEN GATE UNIT 1, RUN S.00°31'32" E ALONG TIIE WEST LINE OF SAID
TRACT I FOR A DISTANCE OF 460.24 FEET TO A POINT OF CURVATURE;
THENCE 78.16 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 89°33'45", A CHORD DISTANCE
OF 70.44 FEET, BEARING S 45°24'29" E TO A POINT OF TANGENCY AND AN
INTERSECTION WITH THE SOUTH LINE OF SAID TRACT I; THENCE ALONG
SAID LINE N 89°30'20" E FOR A DISTANCE OF 149.52 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUE N 89°30'20" E FOR A DISTANCE OF 143.25 FEET;
THENCE LEAVING SAID LINE S 00°29'40"E FOR A DISTANCE OF 116.67 FEET;
THENCE S 89°53'1 l" W FOR A DISTANCE OF 72.43 FEET;
THENCE N 86°58'47" W FOR A DISTANCE OF 69.02 FEET;
THENCE N 02°03'40" E FOR A DISTANCE OF 48.97 FEET;
THENCE N 14°13'43" W FOR A DISTANCE OF 17.31 FEET;
THENCE N 00°29'40" W FOR A DISTANCE OF 46.23 FEET TO THE POINT OF
BEGINNING;
LESS 4: (Deed 1131/1230): A PARCEL OF LAND IN COLLIER COUNTY, FLORIDA, !.
MORE PARTICULARLY DESCRIBED AS FOLLOWS AND BEING A PART OF THE
PLAT OF TRACT A OF GOLDEN GATE UNIT 8, PART 2, AS RECORDED IN PLAT
BOOK 9, PAGE 107A, OF TIIE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHWEST CORNER OF TRACT A; THENCE RUNNING SOUTH A
DISTANCE OF 1334.27 FEET ALONG THE WEST BOUNDARY OF SAID TRACT A;
THENCE RUNNING EAST 336.31 FEET TO A POINT, SAID POINT BEING ALSO
DESCRIBED AS THE POINT OF BEGINNING; THENCE RUN NORTH 89° 54' 21"
EAST, A DISTANCE OF 331.15 FEET TO A POINT; THENCE RUN NORTH 0° 09' 03"
EAST A DISTANCE OF 75.04 FEET TO A POINT; THENCE RUN NORTH 23° 43' 43"
EAST A DISTANCE OF 104.18 FEET TO A POINT; THENCE RUN NORTH 47°07' 42"
WEST A DISTANCE OF 196.55 FEET TO A POINT;THENCE RUN SOUTH 89°44'56"
WEST A DISTANCE OF 184.50 FEET TO A POINT; THENCE RUN SOUTH 50° 09' 46"
WEST A DISTANCE OF 14.20 FEET TO A POINT; THENCE RUN SOUTH 11° 04' 09"
WEST A DISTANCE OF 113.36 FEET TO A POINT; THENCE RUN SOUTH 3° 45' 30"
WEST A DISTANCE OF 183.92 FEET TO THE POINT OF BEGINNING.
Ground Lessor Estoppel C40
Page 9