Backup Documents 01/24/2023 Item #16C 4 lbC4
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS' OFFICE FOR SIGNATURE
ROUTING SLIP
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 County Attorney 44 J-
Rrr
7,63
2. BCC Office Board of County Commission
RL ,ii 3, / t/3n/i 3
3. Minutes and Records Clerk of Court's Office
30-93 I °'
PRIMARY CONTACT INFORMATION
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 above,may need to contact staff for additional or missing information.
Name of Primary Staff Contact/ Michael Dowling Phone Number 8743
Department
Agenda Date Item was Approved January 24,2023 Agenda Item Number 16 C 4
the BCC
Type of Document Attached First Amendment and Extension to Number of Original 1
Recreational Lease 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 signature? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed MD
the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney't 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 N/A
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 MD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing sl N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on January 24,2023,and all changes math MD
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the BC
all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
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Memorandum
To: Minutes and Records
Clerk to the Board
From: Michael Dowling
Senior Property Management Specialist
Real Property Management
Date: January 26, 2023
Subject: First Amendment and Extension to Recreational Lease with Smallwood
Conservation Club
BCC Date: January 24, 2023
BCC Agenda Item: 16.C.4.
Please attest and provide me with a scanned copy.
Please contact me at extension 8743 with any questions.
Thank you and regards,
Michael
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Lease 4 b Cc-- - /32
FIRST AMENDMENT AND EXTENSION TO RECREATIONAL LEASE
THIS FIRST AMENDMENT AND EXTENSION TO RECREATIONAL LEASE
(Amendment) entered into this 2 t day of Jd4/(4-A6c- _. 2021 by and between
Collier County. a political subdivision of the State of Florid successor in interest. whose
mailing address is. c'o Real Property Management. 3335 East Tamiami Trail. Suite 101. Naples,
Florida 34112. hereinafter referred to as "Lessor." and SMALLWOOD ISLAND
CONSERVATION CLUB, whose mailing address is 122 Burnt Pine Drive. Naples, FL 34119,
hereinafter referred to as "Lessee."
WITNFSSETH
WHEREAS Collier County accepted the Recreational Lease between Barron Collier
Partnership. LLLP. a Florida limited liability limited partnership. and Smallwood Island
Conservation Club,dated January 1. 2021. attached hereto as Exhibit "A. under the terms of the
Agreement for Sale and Purchase between Barron Collier Partnership. LLLP. a Florida limited
liability limited partnership. and Collier County. a political subdivision of the State of Florida.
dated March 9. 2021: and
WHEREAS Barron Collier Partnership. LLLP. a Florida limited liability limited
partnership. executed a Partial Assignment and Assumption of Leases to Collier County. a
political subdivision of the State of Florida. dated April 20. 2021. assigning all of its interest in
the leases to Collier County: and
WHEREAS the Lessor and Lessee arc desirous to amend the Recreational Lease (Lease).
to provide an exhibit of the leased area. to extend the lease term. to address insurance provisions.
and to provide for annual rent increases.
NOW THEREFORE. in consideration of the covenants and agreements provided within
said Lease, which is attached herein and made a part hereof. and Ten Dollars ($10.00) and other
valuable consideration, said Lease is hereby amended as follows:
1. Exhibit "B" attached to this Amendment shall define the Land being leased
comprised of 492 acres(---).
2. The following provision shall be added to Paragraph 1 (a)of the Lease:
The Lease is hereby extended for an additional term of two (2)
years, unless sooner terminated under the provisions contained in
the Lease.
(22-RPR-03604 1755400 I) 1
��0
1 a C 4
3. The annual rent for the first year is being adjusted to reflect the 492 acres that is
owned by Lessor. The annual rent from the previous year's rent was based on $6.50 per acre.
The annual rent for the additional two-year terms shall be increased by 2%compounded from the
previous year's rent. The rent for 2022 will be in the amount of$3,26196. and $3,327.20 for the
2023 lease term. Lessee shall provide County with the 2022 rent in the amount of $3.261.96
within twenty days of the County's execution date on this Amendment. The rent for the 2023
lease term shall be received by January 1. 2023. The I.essee shall he required to pay any taxes
related to the rent or Lessee's operation and use at the Demised Premises, if applicable.
4. The following provision shall replace Paragraph 10 of the Lease:
10. PUBLIC LIABILITY INSURANCE: AND
INDEMNIFICATION
Lessee shall indemnify. defend and hold harmless Lessor. its
agents and employees from and against any and all liability
(statutory or otherwise). damages. claims. suits. demands.
judgments, costs. interest and expenses (including, but not limited
to. attorneys' fees and disbursements both at trial and appellate
levels) arising, directly or indirectly. from any injury to. or death
oil any person or persons or damage to property (including loss of
use thereof') related to (A) Lessee's use of the Demised Premises:
(B) any work or thing whatsoever done. or any condition created
(other than by Lessor. its employees. agents or contractors) by or
on behalf of Lessee in or about the Demised Premises: (C) any
condition of the Demised Premises due to or resulting from any
default by Lessee in the performance of Lessee's obligations under
this Lease or otherwise: or (I)) any act. omission or negligence of
Lessee or its agents. contractors. employees. subtenants. licensees
or invitees. In case any action or proceeding is brought against
Lessor by reason of any one or more thereof, Lessee shall pay all
costs. attorneys' fees. expenses. and liabilities resulting therefrom
and shall defend such action or proceeding if Lessor shall so
request. at Lessee's expense. by counsel reasonably satisfactory to
Lessor.
The lessor shall not be liable for any damages to or loss of.
including loss due to petty theft. any property. occurring on the
Demised Premises or any part thereof. and the Lessee agrees to
hold the Lessor harmless from any claims for damages. except
where such damage or injury is the result of the gross negligence
or willful misconduct of the Lessor or its employees.
Lessee shall provide and maintain general liability and property
liability insurance policy(ies). approved by the Collier County Risk
Management Department. fi}r not less than One Million Dollars
(22-RPR-036041 1755400'I I 2
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and No Cents (S1.000,000.00) combined single limits during the
term of this Agreement. In addition. I.essce shall provide and
maintain Worker's Compensation Insurance covering all
employees meeting Statutory Limits in compliance with the
applicable State and Federal laws. The coverage shall include
Employer's Liability with a minimum limit of Five Hundred
I housand Dollars and No'100 Cents(S500.000.00)each accident.
Such insurance policy(ies)shall list Collier County as an additional
insured thereon. Evidence of such insurance shall be provided to
Real Property Management. 3335 Tamiami Trail East, Suite 101.
Naples. Florida. 341 12. or by fax: (239)252-8876. or by email to
Michael.Dowline colliercountyt1.Loy. far approval prior to the
commencement of this Lease Agreement: and shall include a
provision requiring ten (10) days prior written notice to Real
Property Management in the event of cancellation or changes in
policy(ies) coverage. Lessor reserves the right to reasonably
amend the insurance requirements by issuance of notice in writing
to Lessee. whereupon receipt of such notice LESSEE shall have
thirty(30)days in which to obtain such additional insurance.
3. The following pro%ision shall be added as new Paragraph 31 of the Lease:
Lessor: lessee:
Board of County Commissioners Smallwood Conservation Club
c/o Real Property Management 122 Burnt Pine Drive
3335 Tamiami Trail East Suite 101 Naples. FL 34119
Naples. Florida 34112
6. Except as expressly provided herein. the Recreational lease shall remain in full force and
effect.
IN WITNESS WHEREOF. the LESSOR and LESSEE. have hereto executed this First
Amendment and Extension to Recreational Lease the day and year first above written.
AS TO THE LESSEE:
DATED: i2•/.740 ZZ
David Hurst
BY: _ BY: '"'e ._
C is Wickstr Brian linger
BY: r 13 Y: .. .,.........,,,
Austin Rowell f .ay
[22-RPR-03604 I755400 11 3
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BY: 13Y: ., i- �J,+.
an I a ley Jerrod Hoo • r
lil': B1.
Tim Schlicl• kyle Waters
AS TO THE LESSOR:
DATED: /- ZY. /S
ATTEST: BOARD OF COUNTY COMMISSIONERS,
Crystal K. Kist,-Clerk COLLIER CO ,FLORIDA
BY: BY:
, ty Clerk Rick LoCastro,Chairman
Attest as to Chairman's
signature only.
Approved as to for, an legality:
CPI tY V 4
R nald T. Tomasko
Assistant County Attorney
i<\-11\ , .1
,I
\�� ; ?
[22-RPR-0360 l'1755400't 4 /
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RECREATIONAL LEASE
COMPANY: BARRON COLLIER PARTNERSHIP.LLL.P. LEASE NO.:220
LESSEE: SMALLW OOD ISLAND CONSERVATION CLUB COUNTY:COLLIER ACRES:127/
DATE DATE
EFFECTIVE:JA_N UA R Y 1.2021 EXPIRES:DECEMBER 31,2021
RECREATIONAL LEASE made this JANUARY 1.202I,between BARRON COLLIER PARTNERSHIP.LU.P.,5072
Aansncsatlon Circle,Suite 314,Ave Maria,FL 34142("Lessor's and SMALLWOOD ISLAND CONSERVATION CLUB,
122 Bunt Pine Drive of Naples.FL 34119(-Lessee").
AU Lease members must sign the lease document and provide an email and contact phone
number.
There will be absolute[} NO HUNTING allowed on farm fields that have been leased for
production; these farm acres will be credited to vour lease.
This lease is for use by individuals solely for personal recreation. No Commercial or For
front Activities are allowed.
•NO BUILDLNGS ON LEASE
Lessor leases to Lessee.and Lessee hires from Lessor.on and subject to the following terms.promises sad conditions,the
following described bad(Land)in Collier Cos sty,Florida:
Section I3.Township 41,Range 29 All
Section 26,Township At,Range 29 All
Totaling 1,274 acres.more or lees.
I. TERM.
(a) The term of this Lease commences JA 1JARY 1,2021 and tads DECEMBER 31,2021 galas sooner terminated seder
other prvvtsbw of this lease.This kase Is for a term of 1 Year.
(b)Notwithstanding"(a)",either party may terminate this Lease by giving the other thirty days prior written notice of sorb
tersnksation.
2. RENT AND LESSEE'S EXPENSE—S.
(a) Lessee shall pay to Lessor the following rent,without sctolL deduction,or coaatcrclaim,at Lessor's address,the sum of
HALM per year,payable as follows:
Original Lease Acreage and Amount:
1371 Acres at 1630/sere for a total lease amount of5¢2$1.00.
Less Farmland(Hating Not Al)owed)Acreage Deduction:
(397)Acres at S630/acre for a total Farmland(Hunting Not Mowed)Credit in the amount of(S2310.50).
Total Payment:5S,7p0
JANUARY I.2021:$5,700.10
Total Paysweats Doe spas moan of lease 5 7%3
Time is of the essence.
(h) Everything required by this lease to be dose b)Lessee shall be at Lessee's expense;if Lessee falls to do any such things,
Lessor may do them at Lessee's expense.
3. 1'SE OF LA.W.
(a)Lessee shall use the Land only for hosting,fishing.camping and similar recreational purposes sad shall not use,or
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permit any entry on,the Laud for*ay other purpose. Lessee's use sha1L however,be'abject to all the provisions of ebb lease.
Any to liabilities assessed or charged as a result of lease or lease aeetvlts shall be the responsibility of the Lessee.
lb) Item will be ABSOLUTELY ao sub-Idling allowed without written permission of Lessor. UNAUTHORIZED
SUBLETTING WILL RESULT IN TERMINATION OF LEASE
4. NO REPRESENTATION OR WARRANTY CONCERNING CONDITION OR SUITABILITY OF
LAND. Lessee*crepes the Land is Its preseet condition("as i")shoat aav rep+eestabon or warrsaty by 1,etseor s'to sack
eondkioa. Lessor'Kan not be responsible for as.visible or hidden detect or any fatrre change in the euadiloas of the Laud.
Lessor makes an representation or warranty. repressed or implied. as to The suitability, or Maass of the Land or its
npportenances for any use of Lessee.
5. MAINTENANCE AND IMPROVEMENTS.
(a) GENERAL Lessee shall melatsn the Land with care and in good,clean condition,and Ash not commit or permit to
be committed any waste of the land by anyone.
(b)FENCES Leaee acknowledges that the Land is or m*y hereafter he.or be within as arcs,used for farming or grazing.
Lessee shad not place any fence on the Land without the prior written cortical or Lessor;and apedflcs lly,but without limitation.
Lessee thatl not react any enclosers to contain horses or other riding animals without the prior written coolest of Lessor.
Allowable(cotes eoeatructed by Lessee shall be composed.at a mbinam,of four-strand barbed wire atrocfied securely oil
parts no mere this II feet apart,and shall a degas tely by braced at all corners;and Lessee shall maintain such fences Its good
condition. Lessee shell reerebe care to avoid damage to any existing tracts(laekdieg,without limitation,gates and cattle
guards)or other structures sow or hereafter placed by *stymie, for farming or grating purposes,on the Land. Lessee
specilcatty,bat wtthoat limitation,skill exercise care that retries and cult,on or from the Land shall be made la such manner
as to avoid creating a risk that cattle or other livestock will pass from the Land Into other areas.
it)CAMP SITES,STILL:CTURES AND TRAILERS. Camp sites.structures and trailers may only be constructed or placed
at locations approved by Lessor,and any that require a building permit meet also be approved try the County Bolding nod
Zoning Department. Camp sites most be kept clean and all garbage removed by Lessee.
Id)SAKE FOR LAND. Lessee shell avoid Injury to.or destrxgoa otgrowtag Maher(ladedsag,without listtatloa.injury
or destruction by fire). Lessee shall not tut or remove any*leading,green,dead or frahg timber from tie Land. Lessee shalt
not drive sifts,spikes or staples into,or otherwise deface or mar.say tree,green or dead,on the Lead.Lessee must imoeditely
refill any holes deg by Lessee. Lessee shell not Mrs ass segetatba except on the prior written consent of Lessor end the Florida
Forest Service,sad os portions tribe laud specified by them. Lessee shall remove all garbage. Lessee shall maintain
and keen all esistino roods clear for safe passateat all times. Lessee shall not dear env portion
of the Land or construct env roads.ditches or dikes.without the prior written consent of Lessor.
(e) TRESPASSERS. LESSEE shell pullet the Land to evict trespassers(and Lessor shall not aa•g ass respeessbiLr to do
so
to LOCKS ON GATES. Each gate designated by Lessor shall be locked by Lessee,and Lessee shall furnish Lessor a key.
Lessee shall not add bees to any gate without the prior written consent of Lessor(See Cover Letter).
6. COMPLIANCE WITft GOVERNMENTAL,RF.f:UlATKINS. Lessee shall promptly comply with all preseet and future
Dews,regulations,rules sod directives of say municipal.county,state,federal or other governmental authority applicable to the
Land or the Lessee's acts or activities on the Land. Lessee's attention is invited,among other dilate to the need to notify County
Building sad Zoning Departments of nay strictures,otter than temporary farm heBdiings,to be placed on the Lead
7. TAXES ON IMPROVEMerrl'e BY LESSEE. Lessee chili pay all lanes resulting from Improvtmmb(lachiding,without
Ilmltstftm,structures)placed by Lessee on the Land.
>! Jr()DENS FROM ACTS OF!INSET. Lessee shall not base any right or power to take any action or make toy contract
which may create or be the fosndstios for nay ben on the Land.Levee shall,within tea days of any tiling against the Land of
say liens whatever(including.without Watts nos,mecha a to'o r ena teria tmen's hens)a risleg from any acts or omissions of Lessee
for any of Lessee's representsnyee,employees or Invitees),either pay or discharge suds bens(including,without imitation,flag
any required bond).
9. PUBLIC.LIARfI ITY LytSvp,ANCE ANTI INDEMNIFICATION.
(a) Lessee shall obtain and keep in force for the benefit of Lessee and Lessor ark public aabiiy insatiate policies as will
ressoaabty hold Laaaer harmless against eittims foe bodily Injury.death or property damage occurring on or r
comments('with the sae of the rand;Path Insurance pollicies,is respect of any one occurreem.shall Whisk be is the
single limit of S1,a00,000 for injury or death sad in the stogie Wet of S300.000 for property damage,and shall Include
the Lessor as a tamed insured Os lessor's reasonable request such amounts shall be beenrosed from lime to dins.
The insurer shall be legally qutified to do baaben i Florida and shall be acceptable to Letwr,wring proof of eve!
issuraace coverage shall be supplied to Lessor prior to the secunos of Mt,tram sad sae*proof shit Include a
statement by the loiterer or his agent that Lessor will receive as no41c s or any riders,waivers,aseiasiaas,reeewsts or
to rm in a thins.
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tb) Lessee agrees to indemnify arid(toneretr Lessor(rum sod against any and act claims.demands and mouses of action,
and expenses(including,without innhation,ressosable attorneys'fen)arising from injuries to property or persons or
death occurring.during the term of this knee,on the Land or In connection with any acts or omissions of Lessee or
Lesaet's represeaothes,employees or taviten in or about the Land;but this"(b)"shun not entitle Lessor to any
reimbursement to Lessor and Insurance polity supplies try Lessee.
(c)SIGNED WAVIER. Lester MIST SIGS waiver provided hi Lessor and return with
their signed lease. Lessee's representatives.emploteev or guests, must sign a waiver each trip.
Representatives.employees or guest waivers must be mailed or delivered to the lemur's office
in Ave Maria, Florida. Lessee's representatives, employees or invitees found on the Land
without a signed waiver will be trespaltsint.
la. OUAI.iFICATIONS AND ReSeUVATIQNS CONCFRNI'1C I AND ANn iTS CSfr AND
SUBORDLNATTON OF I.FASF TO MORTGAGE-S. This Lease is subject and nbordinate to;
(a) Any state of facts that an acne rste survey may show;present and future laws,ordinances,orders,rules and regulations
of any governmental or public authority lncieding,without limitation,those reletleg to zoning and aye;and any restrictions.
coresants nod essemeats of record.
(b) Any present or future dispositions(including,without Iimilatwn.Baia or leases)of(I)any subsurface interests in the
Land(including.without limitation,oil,gas and missend Interests),(2)limeruck or(3)form(or timber products;and nth right
of disposition shall,without Ilmtadoe.include all related incidental rights(Including.wit►eat limitation,rights of Ingress and
egress). For any portions of the surface of the land and by Lessor under this"(b)",nod correspondingly denied to Lessee,
Lessee shall be credited,on a pro-rata basis(time mid space),against the rent peyabk by Lessee under"2".
(c)Any and all present and tutors mortgages lied their renewals,modltkndons,consotldatsew,and ertensioes)on the Lend.
(d) The tight of Lessor(which Lessor reserves without diminishing the sums payable by Lolee under'2"to kale any
portion of the land for farming or grazing purposes)
IL REOIJ(REMFNTS ON CESSATION OF t3'ASF_
(a) Lessee agrees that on the expiration or termination of the term of this Lease("truants'of lease")Lessee will enure the
Land on the day of cessation,and that Lessee wig be trespasser(without any holdover right)If Lessee remains on the Land.
(b)Title to structures and equipment plated by Lesser on the Land shall,during the term of this Lease,remain with Lessee.
On the cessation of lease Lessee shall pat and leave the Land in dean,neat and eye p)easing condition satisfactory to Lessor;
and,without limitation.Lessee shaft remove all structures and equipment placed by Lessee on the Land(including,without
limitation,fences)unless Lessor consents in writing to the contrary, At Lessor's option,tale to say such structures and
equipment not so removed shall automatically psis to Lessor.
12.,SZJFFL.IES AND UiU.ITI(.. Lessor will not furnish any supplies or utilities whatever. Lessee shall promptly pay for all
supplies and utNttks(Including,without limits hoe,pa,electricity,light,heat,power and telepbone and communication smite)
No utility lines shall be pieced on the Land without Lessor's prior written consent.
I).ASSIGNMENTS.ETC,Lessee slap not assign,enenasbe,or dispose of this Lease or,5t'L3L LT the whole or say part of the
Land nachos(the prior written causes(of Lowy. I(Lesaec be a corporation or a partnership.any transfer(not iu mostly ace
et death)of the corporate sham or pa inersh s interests which(omatatteb and in the sift-epee)changes the original
ewsernhip of a majority of the aatataading sham or partnership Warms shall be dawned an assignment of this Lease.
j NALTHORLZEDS(rBLETTI't,wit,(.WE.a11T IN THE TLRM'u&Jjt)e Of THE LrAcE
14. CONDEMNATION.ETC. if any part or all of the Land be takes for any public or quasi-public use under tiny statute or
by right of eminent domain or by any purchase In lieu of such taking,the term of this Lease shall terminate when pommies is
so taken and the rent under'2"shall be apportioned pro-rita(terns and apace) Is with event,Lessor shall be entitled to the
entire award or price:Lessee sbe l not be entitled to any eonpensarloe for Lessee's leasehold Interest in the Land,bat Lessee
rosy,to ouch Client as nosy be permttted be law claim compensation from the taking seniority for moveable structures,fixtures
and chattels which ore the properly of Lessee_
IS.jliANKRtlPTCY.ETC. lichen be filed by or■pleat lessee in say court pursuant to any Federal or State statute a petition
in baa►rnpen or insolvency or for arrasgemeat or reorpettatioo er tor the appointment of■reedier or trustee of any of
lessee's property or if Lessee makes an assignment for the bead%or creditors_this Lease,at the option of Lessor,may be
teminated and Lessor shaft be retitled to damages for Lessee's breach Odle Lease.provided,►ensurer,that Huy such petition
or prnceediog is Involuatary sod b dbmisacd or withdraws within thirty days after M ag.this toast shaft not be so sernimated.
lb. REMEDIES.
(a) if(1)Lessee defaults in,tie payment of bey rent or sum payable under this lease or(2)lessee deholes,for ten days after
written notice,In the performance of any terms.promises or conditions of this Least other than the payment dutch rent or
sums,the terns orates Lease shall at Lessor's option, exercised by tea days prior written notice to Lessee,terminate,and Lessor
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rosy re-enter the Land by force or otherwise and Lessor shall have the right to dispossess and evict Lessee by summary
proceeding or otherwise- In ruse of any anch default Lessor shall be entitled to damages for Lessee's breach of the Lease plus
L.nser's resulting expenses(including.without limitation.artorne)s'fen).
(ts) All rights and remedies of Lessor are cumulative,and the lurch:of any shall not preclude the exercise of others either
under this Lease or by law.
17. WAIVER or Jt,RY- Lessor and I.t+ee,waive trial by Jun in any action,proceeding or counterclaim brought by either
'gaunt the other or arty matters*vintner arcing out of or connected with this base,the relationship of landlord and tenant
between Lessor and Lessee,Lessee's use or occupancy of the Land mod say claim of lnlan.death or damage
iR. OUIET ENJOYMENT Lessor agrees that.subject to Lessees full compliance with this twit,Lessee may pnctabty and
quietly enjoy the Land on and subject to the terms and conditions of this Leak.
19. LESSOR'S RIGHT OF ENTRY.
(a) tenor(and its representatives.employees end invitees)ma)enter the Laid at all reasonabk times either for laspection
or to panuace of any and all of its rights seder this Luse.
lb The La vnBr,►ad their toroth member,win he run the nrnnrm from tune to tome wuh or wsthour cotter.
20. RELATIONSHIP OF PARTIES The reahonshtp of Lessor and Lessees solely that of landlord aid tenant soder this
Lease;Lessor has no interest in Lessee's enterprise:Lessee is sot an agent or reprrsentarive of Lessor,and this lease shall
under so circumstances be construed as a Join'rector:or partnership.
21. NO WAIVER Nothing with respect to the Lease shall be deemed to base been waived by Lessor uakss such sroine be In
writing signed by Lessor. No omission of Lessor to insist or strict performance by Lease shall be deemed a wilier of any
subsequent breach by Lessee.
22. PE7'1E/TT-BURDEN. This Lease shall inure to the benefit of,apply to,sad bod the successors and assigns of Lessor. It
shag apple to and Mod the heirs and personal representatives of Lesaee and,If Lessor's written consent to assignment has been
obtained,the successors end assigns of Lessee.
23. NO RECORDATION This Line is neither witnessed nor acknowledged,and shad Rot be recorded.
24. GRAMMATICAL CSAGF.
(a)Where the cosiest requires,gender sad number shall be deemed interchangeable.
lb) If Lessee is composed of several persons,they shall be JoInth and severally bable for the obligations of Lessee. if Lessee
is a partnership,the partners as well as tic poirtaershlp shall be jointly and aeveraRy liable for the obligations of Lessee.
25. LEASE-E_NTiRE AGREEMENT. This lease constitutes the entire agreement betvvscu the parties. No represcstatious.
namatia or promises pertaining to this Lease or any property affected by the Lease hive bees made by,sir shall be binding
on,tither of the parties,except as expressly stated in this Lease.This Lease cannot be changed orally.best only by an agreement
in writing signed by the party against whom enforcement of any such chaste is sought.
26. MISCELJANEOUS PROVLSIONS.
NONE.
IN WITNESS WHEREOF,the parties have executed and delivered this Lease on the date Mt above writen.
SMALLWOOD ISLAND CONSERVATION CLUB Lessor:BARRON COLLIER PARTNERSHiP,11.i.P.
Am;(._4"Ane a Zie s
.....
Tom Jones,Agent
Date Jan 20,2021 Dffe:Feb 5,2021
Email: Reviewed By: tr .seas
Barrie Kee,Agent
Phones: Date:Feb 5,2021
Date:Jan 20,2021
Email:
Phones:
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Dalt:Jan 24,2021
Email:
rtowle
Jan Dom: 25,2021
(OWL
,fittdeiL lertlie•
Jan 26,2021
Data:
niasea:
,144 Aft0V
Jan 28,2021
Dam:
Easail:
Mew&
Dak:Jan 28,2021
E
Phase:
Dar Jan 29,2021
rimagai;
Date:Jan 29,2021
Mama:
5 of 5
1 C4
Smallwood Conservation Club
Recreational Lease
Exhibit 'B'
m
� 1
:•
•
t
Smallwood Conservation Club
492 acres +/-
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