Agenda 09/12/2023 Item #16F 4 ( Allocate funding from the Hussey project to the Camp Keais project.)16. F.4
09/ 12/2023
EXECUTIVE SUMMARY
Recommendation to authorize a budget amendment in the amount of $800,000 to allocate funding from the
Hussey project (50205) to the Camp Keais project (50224) to support master planning and zoning efforts for
the Camp Keais property.
OBJECTIVE: To provide the necessary funding to support master planning and zoning for the Hussey and Camp
Keais properties.
CONSIDERATIONS: On May 26, 2020, the Board approved the purchase of the Hussey property, 967 +/- acres,
for potential future public uses such as the realignment of Wilson/Benfield Road, workforce housing, passive
recreation, essential services, aggregate and fill for future projects and mitigation.
On March 9, 2021, Board approved the purchase of the Camp Keais property, 1,046.19 +/- acres, to support
potential future uses such as hurricane debris management and horticultural processing, relocation of the
fairgrounds, essential public services, and workforce housing.
Staff intends to proceed with the development requirements, master planning, zoning, and other studies to prepare
both sites for future uses. To properly account for expenditures staff recommends allocating $800,000 to Camp
Keais project (50224) from the existing budget established under Hussey project (50205).
FISCAL IMPACT: There is currently $1,717,890 budgeted in the Hussey project (50205) for master planning and
zoning for both the Hussey and the Camp Keais properties. A budget amendment in the amount of $800,000 is
necessary to allocate funding from the Hussey project (50205) to the Camp Keais project (50224) within County-
wide Capital Project Fund (3001).
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues and
requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan.
RECOMMENDATION: Authorize a budget amendment in the amount of $800,000 to allocate funding from the
Hussey project (50205) to the Camp Keais project (50224) to support master planning and zoning efforts.
Prepared by: Brian Mondgock, PMP, Project Manager II, Facilities Management Division
ATTACHMENT(S)
1. [Linked] 2020.05.26_ Item 16F4_ Hussey Agreement (PDF)
2. [Linked] 2021.03.09_Item #11B_Camp Keais (PDF)
Packet Pg. 1100
16. F.4
09/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.4
Doe ID: 26436
Item Summary: Recommendation to authorize a budget amendment in the amount of $800,000 to allocate
funding from the Hussey project (50205) to the Camp Keais project (50224) to support master planning and zoning
efforts for the Camp Keais property.
Meeting Date: 09/12/2023
Prepared by:
Title: Operations Analyst, Senior — Facilities Management
Name: Bendisa Marku
08/22/2023 11:50 AM
Submitted by:
Title: — Facilities Management
Name: John McCormick
08/22/2023 11:50 AM
Approved By:
Review:
Facilities Management
Facilities Management
Facilities Management
Office of Management and Budget
County Attorney's Office
Community & Human Services
County Manager's Office
Board of County Commissioners
Jennifer Belpedio
Manager - Real Property
Brian Mondgock
Additional Reviewer
John McCormick
Director - Facilities
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Maggie Lopez
Additional Reviewer
Amy Patterson
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
08/22/2023 12:03 PM
Completed
08/22/2023 12:06 PM
Completed
08/25/2023 11:45 AM
Completed
08/25/2023 11:56 AM
Completed
08/25/2023 1:56 PM
Completed
08/28/2023 10:08 AM
Completed
09/06/2023 3:16 PM
09/12/2023 9:00 AM
Packet Pg. 1101
16F4
Project: HHH Ranch
Folio: 00341960003, 00342040003, 00328560002, 00331320006,
00328640003,00330480002,00330840008,00329240004,
00329760005
STANDARD FORM
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between FRANCIS D. HUSSEY, JR.
and MARY PAT HUSSEY, husband and wife, and SEAN MEADE HUSSEY, TRUSTEE, and
HHH INVESTMENTS LIMITED PARTNERSHIP, a foreign limited partnership whose mailing
address is 1350 Spyglass Lane, Naples, FL 34102 hereinafter collectively referred to as
("Seller"), and Collier County, a political subdivision of the State of Florida, whose mailing
address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as
"Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of those certain parcels of real property, located in Collier
County, State of Florida, and being more particularly described in Exhibit "A" (hereinafter
referred to as the "Property"), attached hereto and made a part hereof by reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and
other agreements hereinafter set forth, and Seller is agreeable to such sale and to such
conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from
Seller the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be TEN MILLION
DOLLARS ($10,000,000.)(U.S. Currency) payable by Purchaser to Seller. Within fourteen
(14) days after execution of the Agreement, Purchaser shall pay to John G Vega, PA
("Escrow Agent"), a deposit in the amount of ONE HUNDRED THOUSAND DOLLARS
($100,000.) hereinafter referred to as ("Initial Deposit"). At the end of the one hundred
twenty -day due diligence period (120), if Purchaser has not elected to terminate this
Agreement, Purchaser shall pay to Escrow Agent an additional sum of NINE HUNDRED
THOUSAND DOLLARS ($900,000), hereinafter referred to as ("Second Deposit") so that
the total deposit equals ONE MILLION DOLLARS ($1,000,000) and shall be non-
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refundable except for Seller's default. The Initial Deposit and the Second Deposit shall
collectively be referred to as the "Earnest Money." The balance, after credit of the
Earnest Money and any prorations and adjustments, shall be paid by Purchaser to Seller
at closing of this transaction.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the
transaction shall be held on or before December 17, 2020, unless extended by mutual
written agreement of the parties hereto. The Closing shall be held at the Collier County
Attorney's Office, Administration Building, 3299 Tamiami Trail East, Suite 800, Naples,
Florida. The procedure to be followed by the parties in connection with the Closing shall
be as follows:
3.011 Seller shall convey a title free of any liens, encumbrances, exceptions, or
qualifications except as listed below. At the Closing, the Seller shall cause to be
delivered to the Purchaser the items specified herein and the following documents
and instruments duly executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the Property,
free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Easements, restrictions and conditions of record.
(d) Oil, gas, mineral, and sulphur reservations of record not otherwise
possessed by Seller.
(d) Seller does not warrant legal access to the Property.
3.0112 Combined Purchaser -Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required
by Section 1445 of the Internal Revenue Code and as required by the title
insurance underwriter in order to insure the "gap" and issue the policy
contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be
delivered to the Seller the following:
3.0121 A wire transfer in an amount equal to the Purchase Price, subject to
adjustment for prorations as set forth herein and as stated on the closing
statement. No funds shall be disbursed to Seller until the Title Company
verifies that the state of the title to the Property has not changed adversely
since the date of the last endorsement to the commitment, referenced in
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Section 4.011 thereto, and the Title Company is irrevocably committed to pay
the Purchase Price to Seller and to issue the Owner's title policy to Purchaser
in accordance with the commitment immediately after the recording of the deed.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its
sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to
the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes,
and the cost of recording any instruments necessary to clear Seller's title to the Property.
The cost of the Owner's Form B Title Policy, issued by John G. Vega, P.A. pursuant to
the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The
cost of the title commitment shall also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property
taxes shall be prorated based on the current year's tax with due allowance made for
maximum allowable discount, homestead and any other applicable exemptions and paid
by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes
will be prorated based upon such prior year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as specified
within this Article, Purchaser and/or Seller, as the case may be, shall perform the
following within the times stated, which shall be conditions precedent to the Closing;
4.011 Within thirty (30) days after the date hereof, Seller shall deliver to Purchaser
as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy
(ALTA Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have ten (10) days, following receipt of
the title insurance commitment, to notify Seller in writing of any objection to title other
than liens evidencing monetary obligations, if any, which obligations shall be paid at
closing. If the title commitment contains exceptions that make the title unmarketable,
Purchaser shall deliver to the Seller written notice of its intention to waive the
applicable contingencies or to terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in
Seller's title in the manner herein required by this Agreement, the title shall be
deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall
have fifteen (15) days to remedy any defects in order to convey good and marketable
title, except for liens or monetary obligations which will be satisfied at Closing. Seller,
at its sole expense, shall use its best efforts to make such title good and marketable.
In the event Seller is unable to cure said objections within said time period,
Purchaser, by providing written notice to Seller within seven (7) days after expiration
of said fifteen (15) day period, may accept title as it then is, waiving any objection; or
Purchaser may terminate the Agreement. A failure by Purchaser to give such written
notice of termination within the time period provided herein shall be deemed an
election by Purchaser to accept the exceptions to title as shown in the title
commitment.
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4.013 Purchaser shall have the option, at its own expense, to obtain a current survey
of the Property prepared by a surveyor licensed by the State of Florida. No
adjustments to the Purchase Price shall be made based upon any change to the total
acreage referenced in Exhibit "A", if any.
V. APPRAISAL PERIOD
5.01 This provision was deleted as an in-house appraisal was obtained per the
guidelines set forth in Section Two (2) of Ordinance 2007-28.
VI. INSPECTION PERIOD
6.01 Purchaser shall have a one hundred twenty (120) day period from the date of this
Agreement, (the "Inspection Period"), to have the Property evaluated.
6.02 If Purchaser is not satisfied with its evaluation of the Property, for any reason
whatsoever, Purchaser shall deliver to Seller, prior to the expiration of the Inspection
Period, written notice of its intention to waive the applicable contingencies or to terminate
this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as
provided herein within the Inspection Period, it shall be deemed that the Purchaser is
satisfied with the results of its evaluation and the contingencies of this Article V shall be
deemed waived. In the event Purchaser elects to terminate this Agreement because of
this right, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to the
Property.
6.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation. Purchaser
shall, in performing such tests, use due care and shall indemnify Seller on account of any
loss or damages occasioned thereby and against any claim made against Seller as a
result of Purchaser's entry. Seller shall be notified by Purchaser no less than forty eight
(48) hours prior to said entry onto the Property and may have a representative attend, if
desired. For the purposes hereof, notice shall be given by e-mail to William Rollins of LSI
Companies at the following e-mail address: wrollins@lsicompanies.com.
VII. INSPECTION
7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right
to inspect the Property at any time prior to the Closing, subject to the conditions set forth
above in Section 6.03.
VIII. POSSESSION
8.01 Purchaser shall be entitled to possession of the Property at Closing.
IX. PRORATIONS
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9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be
prorated at Closing based upon the gross amount of 2019 taxes, and shall be paid by
Seller.
X. TERMINATION AND REMEDIES
10.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement by
giving written notice of termination to Seller. Purchaser shall have the right to seek and
enforce all rights and remedies available at law or in equity to a contract vendee,
including the right to seek specific performance of this Agreement.
10.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the transaction
contemplated hereby or otherwise fails to perform any of the terms, covenants and
conditions of this Agreement as required on the part of Purchaser to be performed,
provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right
to terminate and cancel this Agreement by giving written notice thereof to Purchaser, and
neither party shall have any further liability or obligation to the other except as set for in
paragraph 13.01 (Real Estate Brokers) hereof.
10.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation or other
action shall be entitled, in addition to such relief as may be granted, to a reasonable sum
for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings
in such litigation or other action; which sum may be determined by the court or in a
separate action brought for that purpose.
10.04 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies to
each of the parties, and take into account the peculiar risks and expenses of each of the
parties.
XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
11.01 Seller and Purchaser represent and warrant the following:
11.011 Seller and Purchaser have full right and authority to enter into and to execute
this Agreement and to undertake all actions and to perform all tasks required of each
hereunder. Seller is not presently the subject of a pending, threatened or
contemplated bankruptcy proceeding.
11.012 Seller has full right, power, and authority to own and operate the Property, and
to execute, deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been obtained
authorizing Seller and Purchaser to execute and consummate the transaction
16F4
contemplated hereby. At Closing, certified copies of such approvals shall be
delivered to Purchaser and/or Seller, if necessary.
11.013 The warranties set forth in this Article shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the
said Property shall not be deemed to be full performance and discharge of every
agreement and obligation on the part of the Seller to be performed pursuant to the
provisions of this Agreement.
11.014 To the best of Seller's knowledge, there are no actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at law,
equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property that
could, if continued, adversely affect Seller's ability to sell the Property to Purchaser
according to the terms of this Agreement.
11.015 To the best of Seller's knowledge, no party or person other than Purchaser
has any right or option to acquire the Property or any portion thereof.
11.016 Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Seller shall not encumber or convey any portion of the Property or any
rights therein, nor enter into any agreements granting any person or entity any rights
with respect to the Property or any part thereof, without first obtaining the written
consent of Purchaser to such conveyance, encumbrance, or agreement which
consent may be withheld by Purchaser for any reason whatsoever.
11.017 To the best of Seller's knowledge, there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer
system; Seller has no knowledge that any pollutants are or have been discharged
from the Property, directly or indirectly into any body of water. Seller has no
knowledge the Property has not been used for the production, handling, storage,
transportation, manufacture or disposal of hazardous or toxic substances or wastes,
as such terms are defined in applicable laws and regulations, or any other activity that
would have toxic results, and no such hazardous or toxic substances are currently
used in connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller has no knowledge that there is
ground water contamination on the Property or potential of ground water
contamination from neighboring properties. Seller has no knowledge of storage tanks
for gasoline or any other substances are or were located on the Property at any time
during or prior to Seller's ownership thereof. Seller represents none of the Property
has been used as a sanitary landfill.
11.018 To the best of Seller's knowledge, neither the Property nor Seller's operations
concerning the Property are in violation of any applicable Federal, State or local
statute, law or regulation, or of any notice from any governmental body has been
served upon Seller claiming any violation of any law, ordinance, code or regulation or
requiring or calling attention to the need for any work, repairs, construction,
alterations or installation on or in connection with the Property in order to comply with
any laws, ordinances, codes or regulation with which Seller has not complied.
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11.019 To the best of Seller's knowledge, there are no unrecorded restrictions,
easements or rights of way (other than existing zoning regulations) that restrict or
affect the use of the Property, and there are no maintenance, construction,
advertising, management, leasing, employment, service or other contracts affecting
the Property other than the Cattle Ranching Lease.
11.020 To the best of Seller's knowledge, there are no suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay -back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which affects the
Property or which adversely affects Seller's ability to perform hereunder; nor is there
any other charge or expense upon or related to the Property which has not been
disclosed to Purchaser in writing prior to the effective date of this Agreement.
11.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this Agreement up
to and including the Date of Closing. Therefore, Seller agrees not to enter into any
contracts or agreements pertaining to or affecting the Property and not to do any act
or omit to perform any act which would change the zoning or physical condition of the
Property or the governmental ordinances or laws governing same. Seller also agrees
to notify Purchaser promptly of any change in the facts contained in the foregoing
representations and of any notice or proposed change in the zoning, or any other
action or notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property which
may restrict or change any other condition of the Property.
11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called
the "Closing Representative Statement") reasserting the foregoing representations as
of the Date of Closing, which provisions shall survive the Closing.
11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and
hold Purchaser harmless from any and all costs (including attorney's fees) asserted
against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in
connection with the application of any federal, state, local or common law relating to
pollution or protection of the environment which shall be in accordance with, but not
limited to, the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was
amended and upgraded by the Superfund Amendment and Reauthorization Act of
1986 ("SARA"), including any amendments or successor in function to these acts.
This provision and the rights of Purchaser, hereunder, shall survive Closing and are
not deemed satisfied by conveyance of title.
11.024 Any loss and/or damage to the Property between the date of this Agreement
and the date of Closing shall be Seller's sole risk and expense.
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XII. NOTICES
12.01 Any notice, request, demand, instruction or other communication to be given to
either party hereunder shall be in writing, sent by registered, or certified mail, return
receipt requested, postage prepaid, addressed as follows:
If to Purchaser: Real Property Management Department
Administration Building
3335 Tamiami Trail East - Suite 101
Naples, Florida 34112
With a copy to: Office of the County Attorney
Administration Building
3299 Tamiami Trail East - Suite 800
Naples, Florida 34112
If to Seller: Francis D. Hussey, Jr. and Mary Pat Hussey
Sean Meade Hussey, Trustee
HHH Investments Limited Partnership, foreign limited partnership
1350 Spyglass Lane
Naples, FL 34102
With a copy to: John G. Vega, PA
2666 Airport Road South
Naples, FL 34112
Phone: 239-659-3251
E-Mail: vegaoffice @gate. net
and
Randy Thibaut
LSI Companies
6810 International Blvd.
Fort Myers, FL 33912
Phone: 239-489-4066
E-Mail: rthibaut@lsicompanies.com
12.02 The addressees and addresses for the purpose of this Article may be changed by
either party by giving written notice of such change to the other party in the manner
provided herein. For the purpose of changing such addresses or addressees only, unless
and until such written notice is received, the last addressee and respective address
stated herein shall be deemed to continue in effect for all purposes.
XIII. REAL ESTATE BROKERS
13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the
Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against
any claim or liability for commission or fees to any broker or any other person or party
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claiming to have been engaged by Seller as a real estate broker, salesman or
representative, in connection with this Agreement. Seller agrees to pay any and all
commissions or fees at closing pursuant to the terms of a separate agreement, if any.
XIV. MISCELLANEOUS
14.01 This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties.
14.02 This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustee, and assignees whenever the context so
requires or admits.
14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless
such amendment is in writing and executed and dated by Purchaser and Seller. Any
amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it
has been executed by both parties.
14.04 Captions and section headings contained in this Agreement are for convenience
and reference only; in no way do they define, describe, extend or limit the scope or intent
of this Agreement or any provisions hereof.
14.05 All terms and words used in this Agreement, regardless of the number and gender
in which used, shall be deemed to include any other gender or number as the context or
the use thereof may require.
14.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any provision
of this Agreement shall be applicable only to the specific instance to which it is related
and shall not be deemed to be a continuing or future waiver as to such provision or a
waiver as to any other provision.
14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
14.08 Seller is aware of and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County. Florida.
14.09 If the Seller holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Seller
shall make a written public disclosure, according to Chapter 286, Florida Statutes, under
oath, of the name and address of every person having a beneficial interest in the
Property before Property held in such capacity is conveyed to Collier County. (If the
corporation is registered with the Federal Securities Exchange Commission or registered
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pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it
is hereby exempt from the provisions of Chapter 286, Florida Statutes.)
14.10 To the extent that Seller possesses oil and mineral rights, all of Seller's surface
and sub -surface oil and mineral rights are conveyed with the Property.
14.11 This Agreement is governed and construed in accordance with the laws of the
State of Florida.
XV. ENTIRE AGREEMENT
15.01 This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and no promise, representation, warranty or covenant not included
in this Agreement or any such referenced agreements has been or is being relied upon
by either party. No modification or amendment of this Agreement shall be of any force or
effect unless made in writing and executed and dated by both Purchaser and Seller.
Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by
AS TO PURCHASER:
DATED: s I aCo a0a0
ATTEST:
Crystal K. Kinzel, Clerk
;1.
puty Clerk
AttestA aim a
Approved as to form and legality:
Jenne er A. Belpedi st. County Attorney
AS TO SELLERS -
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: A�5&1 �.tw�
BURT L. SAUNDERS, Chairman
10
Item # r�
Agenda 6=")
Date
Date
Rec'd
16F4
FRANCIOt D. HUSSEY, J
�Frintea Name)
BY:
_ Sign re MARY PVAT HUSSEY
D0
(Prjnt�d ,6me)
ignatur ) '-3
(Printed Name)
(S,ignat
/ (Pr i n t, e dl N ame)
(Signatu-(Za'4� )
" ,' z
(Printed Name)
BY:
SEAN MEADE OUS2ff, TRUSTEE
HHH INVESTMENTS LIMITED PARTNERSHIP,
a foreign limited partnership
By- HHH INVESTSMENTS CORPORATION, a
foreign profit corporation
FRACIS D. HUSSEP SIDENT
0
16 r 4
EXHIBIT "A"
Page 1 of 3
The Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of the Northeast Quarter
(NE114) of Section 29, Township 49 South, Range 27 East, Collier County, Florida.
Folio # 00331320006
The East '/z of Section 32, Township 49 South, Range 27 East, Collier County, Florida,
less and except the following: a) property previously condemned or conveyed to Collier
County or the Department of Transportation for the State of Florida for road right-of-way
purposes, b) all existing rights to and from State Road 84 or 1-75 previously condemned
by Department of Transportation for the State of Florida, and c) all oil, mineral and
subsurface rights presently owned by the Grantors.
Folio # 00341960003
The West 1/2 of Section 32, Township 49 South, Range 27 East, Collier County, Florida,
less and except the following: a) property previously condemned or conveyed to Collier
County or the Department of Transportation for the State of Florida for road right-of-way
purposes and b) all access rights to and from State Road 84 for 1-75 previously
condemned by Department of Transportation for the State of Florida for road right-of-
way purposes.
Folio # 00342040003
The West'/z of the Southwest Quarter (SW114) of the Southwest Quarter (SW1/4) of the
Southeast Quarter (SE1/4) of Section 29, Township 49 South, Range 27 East, Collier
County, Florida.
Folio # 00329240004
The East 1/2 of the Southeast Quarter (SE114) of the Southeast Quarter (SE1/4) of the
Southwest Quarter (SW1/4) of Section 29, Township 49 South, Range 27 East, Collier
County, Florida.
Folio # 00330840008
The East 1/2 of the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of the
Southwest Quarter (SW1/4) of Section 29, Township 49 South, Range 27 East, Collier
County, Florida.
Folio # 00329760005
The West'/ of the Southwest Quarter (SW114) of the Southwest Quarter (SW1/4) of the
Northeast Quarter (NE1/4) of Section 29, Township 49 South, Range 27 East, Collier
County, Florida.
Folio #00328640003
The East '/2 of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of the
Northwest Quarter (NW114) of Section 29, Township 49 South, Range 27 East, Collier
County, Florida.
Folio #00328640003
16F4
EXHIBIT "A"
Page 2 of 3
The East '/2 of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of the
Northeast Quarter (NE1/4) of Section 29, Township 49 South, Range 27 East, Collier
County, Florida.
Folio # 00330480002
The East % of the Southeast Quarter (SE1/4) of Section 29, Township 49 South, Range
27 East, Collier County, Florida.
Folio # 00328560002
The Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) of Section 29,
Township 49 South, Range 27 East, Collier County, Florida.
Folio # 00328560002
The East '/2 of the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of
Section 29, Township 49 South, Range 27 East, Collier County, Florida.
Folio # 00328560002
The Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of the Southeast
Quarter (SE1/4) of Section 29, Township 49 South, Range 27 East, Collier County,
Florida.
Folio # 00328560002
The North 1/2 of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of
Section 29, Township 49 South, Range 27 East, Collier County, Florida.
Folio # 00328560002
The Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of Section 29,
Township 49 South, Range 27 East, Collier County, Florida.
Folio # 00328560002
The East 1/2 of the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of
Section 29, Township 49 South, Range 27 East, Collier County, Florida.
Folio # 00328560002
The Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of the Southwest
Quarter (SW1/4) of Section 29, Township 49 South, Range 27 East, Collier County,
Florida.
Folio # 00328560002
The West '/2 of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE 1/4) of the
Southwest Quarter (SW1/4) of Section 29, Township 49 South, Range 27 East, Collier
County, Florida.
Folio # 00328560002
16F4
EXHIBIT "A"
Page 3 of 3
The Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of the Southwest
Quarter (SW1/4) of Section 29, Township 49 South, Range 27 East, Collier County,
Florida.
Folio # 00328560002
The East 'l2 of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of the
Southeast Quarter (SE1/4) of Section 29, Township 49 South, Range 27 East, Collier
County, Florida.
Folio # 00328560002
16F4
ASSIGNMENT AND ASSUMPTION OF AGRICULTURAL LEASE
This Assignment and Assumption of Agricultural Lease, hereinafter referred to as "Assignment," is
made and entered into this of December. 2020, by and between HHH Investments, LTD, Francis D.
Hussey, Jr., and Mary Pat Hussey husband and wife, and Sean M. Hussey, Trustee, whose mailing address is
1350 Spyglass Lane, Naples, Florida 34102, hereinafter referred to as "Assignor", and Collier County, a Political
Subdivision of the State of Florida, whose mailing address is. in care of, Real Property Management, 3335
Tamiami Trail East, Naples, Florida 34112. hereinafter referred to as "Assignee or County".
WHEREAS, on August 13, 2019, HHH Investments, LTD, Francis D. Hussey, Jr., and Mary Pat Hussey
husband and wife and Sean M. Hussey, Trustee, collectively as the "Lessor' and William A. Henry as the "Lessee"
entered into Agricultural Lease for multiple properties, hereinafter referred to as "Lease" and attached hereto as
Exhibit A: and
WHEREAS, Collier County is a contract purchaser of the properties that are subject to the Lease; and
WHEREAS, HHH Investments, LTD, Francis D. Hussey. Jr., and Mary Pat Hussey husband and wife. and
Sean M. Hussey, Trustee and County desire that upon transfer of title that the County will assume the Lease as the
Lessor.
NOW, THEREFORE, the parties agree as follows:
1. Assignment. Assignor hereby assigns. transfers, and delivers to Assignee all of Assignor's right. title, and
interest under the Lease.
2. Assumption. Assignee hereby accepts the assignment of the Lease and all of Assignor's right, title and interest
thereunder, and assumes and agrees to be bound by all of Assignor's duties, obligations, covenants, and
agreements thereunder and to be subject to all conditions therein. with the same force and effect as if Assignee
had been the original party to the Lease.
IN WITNESS WHEREOF, the parties have executed this Assignment and Assumption on the date first written
above.
WITNESSES:
rrfm i�ame
V • �Q11
Signature
IeK',,e, L _ C
Print Name
ASSIGNOR:
HHH Investments, LTD, Francis D. Hussey, Jr., and Mary Pat
Hussey husband and wife, and Sean M. Hussey, Trustee
BY:
Mary P Hussey, attomey-in-Vact for Francis D. Hussey, Jr.
BY:
'1
Mary Pat Hd<sey
BY:
Sean usse , Truste ,-
Assignee's signature appears on the following page.
I 6 F4
ASSIGNEE:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIE4C TY, FLORIDA
B ' Bv:
-,.,., ,DEPUTY CLERK y f
eS' �$ V Penny Taylor, Chairperson
4nature only,
Approved as to form and legality:
.LO
Jen ' er A. Be pedio
Assistant County Att�—ey
N'�`
item # E.SL'C`1
Anerda
:;ate
Date
16F
C: s�t,.)i .
AGRICULTURAL LEASE
THIS LEASE made this 13 day of August, 2019 by and between HHH Investments,
LTD, Francis D. Hussey, Jr. and Mary Pat Hussey, husband and wife, and Sean M. Hussey,
Trustee, whose address is 1350 Spyglass Lane, Naples, FL 34102, hereafter called the Lessor and
William A. Henry, whose address is 3446 Loblolly Bay Road, Labelle, FL 33935, hereafter
called the Lessee.
WITNESSETH:
FOR AND IN CONSIDERATION OF THE sum of ONE and no/100 DOLLARS ($1.00) and
other good and valuable considerations, LESSOR hereby leases to LESSEE, for the purpose of
raising and grazing livestock, the following land situated, lying and being in Collier County,
Florida to wit.
See attached list
LESSEE to have Exclusive Cattle Grazing Rights.
LESSEE to maintain the fence, provide notice of liability insurance ($300,000) and take care of
any permits for his operation.
THE TERM OF THIS LEASE SHALL BE ANNUAL AND SHALL AUTOMATICALLY
RENEW UNTIL, CANCELLED.
This Lease has been re -executed to include parcel #0032940004.
LESSOR retains for itself, its representatives, assigns, agents, employees, the full right of
unrestricted ingress and egress on and over the leased lands: to inspect at any time LESSEE'S
operation under tliis lease.
On the expiration of termination of this lease, LESSEE shall peaceably quit and surrender to
LESSOR the leased premises.
LEASE MAY B$ TERMINATED WITHIN (60) DAYS WRITTEN NOTICE BY EITHER
LESSOR OR LESSEE.
This Lease may be executed in counterparts.
[SIGNATURES ON FOLLOWING PAGE]
I6F4
The parties hereto have executed this lease the year and day first above written.
HHH Investments Corporation I, a Florida
corporation, General Partner of
HHH Investments, LTD, a Florida limited
partnership
Mary Pat ussey, Vice -President, Lessor
MaWt Hussey, Indivi ly, Lessor
9Pranci_sD. Hus 4.,Le'ssor
Sean M. Hussey, Trustee, Lessor
William A. Henry, Lessee
S__
i 6 F4
EXHILj
Page v ...
The parties hereto have executed this lease the year and day first above written.
14HH Investments Corporation 1, a Florida
corporation, General Partner of
HHH Investments, LTD, a Florida limited
partnership
Mary Pat Hussey, Vice -President, Lessor Francis D. Hussey, Jr., Lessor
Mary Pat Hussey; Individually, Lessor Sean M. Hussey, Trustee, Lessor
clliam A. Henry, Lessee
Parcel ID Name
341960003
HUSSEY JR, FRANCIS D=& MAR'
342040003
HUSSEY JR, FRANCIS D=& MAR'
328560002
HUSSEY JR, FRANCIS D=& MAR'
328640003
HUSSEY JR, FRANCIS D=& MAR'
329760005
HUSSEY JR, FRANCIS D=& MAR'
330480002
HUSSEY JR, FRANCIS D=& MAR'
331320006
HUSSEY JR, FRANCIS D=& MAR'
330840008
HUSSEY TR, SEAN MEADE
329240004
Winchester Land, LLC
344680005
HUSSEY JR, FRANCIS D
344920008
HUSSEY JR, FRANCIS D
345200002
HUSSEY JR, FRANCIS D
343840008
HUSSEY JR, FRANCIS D=& MAR'
344240005
HUSSEY JR, FRANCIS D=& MAR'
342840009
HUSSEY JR, FRANCIS D=& MAR'
342920000
HUSSEY JR, FRANCIS D=& MAR'
343080004
HUSSEY JR, FRANCIS D=& MAR'
343960001
HUSSEY TR, SEAN MEADE
344040001
HUSSEY TR, SEAN MEADE
345280006
HUSSEY TR, SEAN MEADE
345360007
HUSSEY TR, SEAN MEADE
345400006
HUSSEY TR, SEAN MEADE
344360008
HUSSEY TR, SEAN MEADE
344520000
HUSSEY TR, SEAN MEADE
344560002
HUSSEY TR, SEAN MEADE
344600001
HUSSEY TR, SEAN MEADE
Section
i6F4
t �r
Acres
32
302.80
32
302.80
29
260.00
29
10.00
29
5.00
29
5.00
29
10.00
29
5.00
29
5.00
33
4.86
33
4.87
33
8.70
33
7.84
33
5.00
33
9.87
33
9.87
33
4.87
33
8.70
33
5.00
33
4.87
33
1.25
33
1.84
33
4.87
33
4.87
33
4.87
33
8.70
1 b F4
J
344640003
HUSSEY TR, SEAN MEADE
33
5.00
344960000
HUSSEY TR, SEAN MEADE
33
9.74
345040000
HUSSEY TR, SEAN MEADE
33
14.60
343200004
HUSSEY TR, SEAN MEADE
33
4.87
343760007
HUSSEY TR, SEAN MEADE
33
1.25
342080005
HUSSEY TR, SEAN MEADE
33
9.74
342120004
HUSSEY TR, SEAN MEADE
33
8.16
342200005
HUSSEY TR, SEAN MEADE
33
8.55
342520002
HUSSEY TR, SEAN MEADE
33
5.00
342600003
HUSSEY TR, SEAN MEADE
33
5.00
342760008
HUSSEY TR, SEAN MEADE
33
8.71
345240004
VEGA TR, JOHN G
33
5.00
342880001
HHH LP
33
10.00
343480002
HHH INVESTMENTS LTD PTNRS
33
5.00
343560003
HHH LP
33
9.74
343640004
HHH INVESTMENTS LTD PTNRS
33
5.00
344160004
HHH INVESTMENTS LTD PTNRS
33
10.00
344760006
HHH INVESTMENTS LP
33
19.47
345000008
HHH INVESTMENTS LTD PTNRS
33
10.00
345120001
HHH INVESTMENTS LTD PTNRS
33
5.00
345160003
HHH INVESTMENTS LTD PTNRS
33
5.00
1,171.28
I6F4
EXHIBIT "B"
Page 1 of 3
The Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of the Northeast Quarter
(NE1/4) of Section 29, Township 49 South, Range 27 East, Collier County, Florida.
Folio # 00331320006
The East '/2 of Section 32, Township 49 South, Range 27 East, Collier County, Florida,
less and except the following: a) property previously condemned or conveyed to Collier
County or the Department of Transportation for the State of Florida for road right-of-way
purposes, b) all existing rights to and from State Road 84 or 1-75 previously condemned
by Department of Transportation for the State of Florida, and c) all oil, mineral and
subsurface rights presently owned by the Grantors.
Folio # 00341960003
The West '/2 of Section 32, Township 49 South, Range 27 East, Collier County, Florida,
less and except the following: a) property previously condemned or conveyed to Collier
County or the Department of Transportation for the State of Florida for road right-of-way
purposes and b) all access rights to and from State Road 84 for 1-75 previously
condemned by Department of Transportation for the State of Florida for road right-of-
way purposes.
Folio # 00342040003
The West 1/2 of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of the
Southeast Quarter (SE1/4) of Section 29, Township 49 South, Range 27 East, Collier
County, Florida.
Folio # 00329240004
The East 1/2 of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of the
Southwest Quarter (SW1/4) of Section 29, Township 49 South, Range 27 East, Collier
County, Florida.
Folio # 00330840008
The East 1/2 of the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of the
Southwest Quarter (SW1/4) of Section 29, Township 49 South, Range 27 East, Collier
County, Florida.
Folio # 00329760005
The West 1/2 of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of the
Northeast Quarter (NE1/4) of Section 29, Township 49 South, Range 27 East, Collier
County, Florida.
Folio #00328640003
The East 1/2 of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of the
Northwest Quarter (NW1/4) of Section 29, Township 49 South, Range 27 East, Collier
County, Florida.
Folio #00328640003
I6F4
EXHIBIT "B„
Page 2 of 3
The East'/z of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of the
Northeast Quarter (NE1/4) of Section 29, Township 49 South, Range 27 East, Collier
County, Florida.
Folio # 00330480002
The East '/z of the Southeast Quarter (SE1/4) of Section 29, Township 49 South, Range
27 East, Collier County, Florida.
Folio # 00328560002
The Northwest Quarter (NW1/4) of the Southeast Quarter (SE1/4) of Section 29,
Township 49 South, Range 27 East, Collier County, Florida.
Folio # 00328560002
The East '/2 of the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of
Section 29, Township 49 South, Range 27 East, Collier County, Florida.
Folio # 00328560002
The Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of the Southeast
Quarter (SE1/4) of Section 29, Township 49 South, Range 27 East, Collier County,
Florida.
Folio # 00328560002
The North '/2 of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of
Section 29, Township 49 South, Range 27 East, Collier County, Florida.
Folio # 00328560002
The Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of Section 29,
Township 49 South, Range 27 East, Collier County, Florida.
Folio # 00328560002
The East 1/2 of the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) of
Section 29, Township 49 South, Range 27 East, Collier County, Florida.
Folio # 00328560002
The Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of the Southwest
Quarter (SW1/4) of Section 29, Township 49 South, Range 27 East, Collier County,
Florida.
Folio # 00328560002
The West 1/2 of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE /4) of the
Southwest Quarter (SW1/4) of Section 29, Township 49 South, Range 27 East, Collier
County, Florida.
Folio # 00328560002
I b F4
EXHIBIT "B"
Page 3 of 3
The Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of the Southwest
Quarter (SW1/4) of Section 29, Township 49 South, Range 27 East, Collier County,
Florida.
Folio # 00328560002
The East'/z of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of the
Southeast Quarter (SE1/4) of Section 29, Township 49 South, Range 27 East, Collier
County, Florida.
Folio # 00328560002
I I B
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT ("Agreement") is made and entered into by and between
Barron Collier Partnership, LLLP, a Florida limited liability limited partnership
(hereinafter referred to as "Seller"), and Collier County, a political subdivision of the
State of Florida, (hereinafter referred to as "Purchaser").
W I T N E S S E T H
WHEREAS, Seller is the owner of that certain parcel of real property that consists
of approximately 1,046.19 acres of gross land area (hereinafter referred to as
"Property"), located in Collier County, State of Florida, and being more particularly
described in Exhibit "A", attached hereto and made a part hereof by reference.
WHEREAS, Purchaser has performed surveys, inspections, tests and appraisals
at the Property prior to entering this Agreement and as a result of such surveys,
inspections, tests and appraisals, is desirous of purchasing the Property, subject to the
conditions and other agreements hereinafter set forth, and Seller is agreeable to such
sale and to such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the
respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars
($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as
follows:
AGREEMENT
1.01 In consideration of the purchase price and upon the terms and
conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall
purchase from Seller the Property, described in Exhibit "A".
11. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be
Thirteen Million Six Hundred Thousand Four Hundred Seventy Dollars
($13,600,470.00) U.S. Dollars, which is based on the rate of $13,000.00 per -
gross -acre of land area included within the Property, payable at time of closing.
For purposes of the Purchase Price, Purchaser and Seller agree that the total
gross acreage of the Property is 1,046.19, as verified by Coastal Engineering
Consultants, Inc. survey dated 07/07/2020 (Coastal Engineering Ref.
No.19.429 BOUNDARY) (the "Survey"), which Survey was obtained by Buyer prior
to entering into this Agreement,
III. CLOSING
Page 1 of 14
118
3.01 The closing (the "Closing Date", "Date of Closing", or "Closing") of the
transaction shall be held on or before forty-five (45) days following execution of
this Agreement by the Purchaser , The Seller and the Collier County Manager (on
behalf of the Purchaser) may mutually agree to extend the Closing Date one (1)
time, for a period of thirty (30) days. The Closing shall be held at Collier Insurance
Agency ("Escrow Agent" or "Closing Agent"), 2600 Golden Gate Parkway, Naples,
FL 34105. The procedure to be followed by the parties in connection with the
Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens,
encumbrances, exceptions, or qualifications. Marketable title shall be
determined according to applicable title standards adopted by the
Florida Bar and in accordance with law. At the Closing, the Seller
shall cause to be delivered to the Purchaser the items specified
herein and the following documents and instruments duly executed
and acknowledged, in recordable form:
3.0111 General Warranty Deed in favor of Purchaser
conveying title to the Property, free and clear of all liens
and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of
record as contemplated herein or as reflected in the
Title Commitment,
3.0112 Combined Purchaser -Seller closing
statement.
3.0113 A "Gap", Tax Proration, Owner(s) and Non -
Foreign Affidavit," as required by Section 1445 of the
Internal Revenue Code and as required by the title
insurance underwriter in order to insure the "gap" and
issue the policy contemplated by the title insurance
commitment.
3.0114 W-9 Form, "Request for Taxpayer Identification
and Certification" as required by the Internal Revenue
Service.
3,0115 An assignment and assumption of leases
whereby Seller assigns to Purchaser, and Purchaser
agrees to assume, the obligations under those existing
leases pertaining to the Property and identified in Exhibit
"_B ", attached hereto (the "Leases").
Page 2 of 14
3.0116 A perpetual non-exclusive access easement
over and across lands owned by Seller and located
adjacent to and west of the Property, as such lands are
further described in Exhibit "C", attached hereto. The form
of the access easement shall be as set forth in Exhibit "D",
attached hereto.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to
be delivered to the Seller the following:
10121 The Purchase Price, provided that the Title
Company (as defined, below) provides Purchaser with a
marked -up title commitment which shall confirm that title to
the Property has not changed adversely since the date of
the last endorsement to the Commitment, referenced in
Section 4.011, below, and the Title Company is irrevocably
committed to pay the Purchase Price to Seller and to issue
the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the
cash payment due at Closing in accordance with Article III
hereof, shall be subject to adjustment for prorations as
hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's
fees. Seller, at its sole cost and expense, shall pay at Closing all documentary
stamp taxes due relating to the recording of the General Warranty Deed, in
accordance with Chapter 201.01, Florida Statutes, and the cost of recording any
instruments necessary to clear Seller's title to the Property. The cost of the
Owner's Form B Title Policy, issued by Seller, pursuant to the Commitment
provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the
title commitment shall also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Special Warranty
Deed. Real Property taxes shall be prorated based on the current year's tax with
due allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other
time as specified within this Article, Purchaser and/or Seller, as the case may be,
Page 3 of 14
118
shall perform the following within the times stated, which shall be conditions
precedent to the Closing;
4.011 Within fifteen (15) days after the date hereof, Seller shall
deliver to Purchaser from Closing Agent, as title agent for Old
Republic National Title Insurance Company (the "Title Company") as
evidence of title an ALTA Commitment for an Owner's Title
Insurance Policy (ALTA Form B1970) covering the Property (the
"Commitment"), together with hard copies of all exceptions shown
thereon. Purchaser shall have thirty (30) days, following receipt of
the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if
any, which obligations shall be paid at closing. If the title
commitment contains exceptions that make the title unmarketable or
exceptions that are otherwise unacceptable to Purchaser, Purchaser
shall deliver to the Seller written notice of its intention to waive the
applicable contingencies or to terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any
such objections in Seller's title in the manner herein required by this
Agreement, the title shall be deemed acceptable. Upon notification
of Purchaser's objection to title, Seller shall have ten (10) days to
remedy any defects in order to convey good and marketable title,
except for liens or monetary obligations which will be satisfied at
Closing. The decision to cure or attempt to cure any title objections
raised by Purchaser shall be at Seller's sole discretion. In the event
Seller is unable (or unwilling) to cure said objections within said time
period, Purchaser, by providing written notice to Seller within seven
(7) days after expiration of said ten (10) day period, may accept title
as it then is, waiving any objection; or Purchaser may terminate the
Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed
an election by Purchaser to accept the exceptions to title as shown in
the title commitment.
4.013 Purchaser shall have the option, at its own expense, to have
the Survey updated, and if the updated Survey reflects any new
matters the were not shown on the initial Survey, then Purchaser
shall have the right to treat such matters as title defects, but must
notify Seller of any of such objection(s) within the time period set
forth in sub -Section 4.011, above.
V. APPRAISAL
Page 4 of 14
118
5.01 Purchaser warrants to Seller that, prior to the date of this Agreement,
Purchaser obtained the required appraisal(s) in order to confirm the value of the
Property pursuant to the requirements of Florida Statutes 125,355.
VI. INSPECTION PERIOD
6.01 Purchaser shall have thirty (30) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that;
1. Soil tests and engineering studies indicate that the Property can be
developed without any abnormal demucking, soil stabilization or
foundations.
2. There are no abnormal drainage or environmental requirements to
the development of the Property.
The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended purpose.
6.02 If Purchaser is not satisfied, for any reason whatsoever, with the
results of any investigation, Purchaser shall deliver to Seller prior to the expiration
of the Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article VI shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
6.03 Purchaser and its agents, employees and servants shall, at their own
risk and expense and subject to the rights of the tenants under the Leases, have
the right to go upon the Property for the purpose of surveying and conducting site
analyses, soil borings and all other necessary investigation, Purchaser shall, in
performing such tests, use due care and shall indemnify Seller on account of any
loss or damages occasioned thereby and against any claim made against Seller
as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than
twenty-four (24) hours prior to said inspection of the Property.
VII. INSPECTION
Page 5 of 14
118
7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall
have the right to inspect the Property at any time prior to the Closing, but subject
to section 6.03, above.
VIII. POSSESSION; ADDITIONAL COVENANTS_ OF PURCHASER
REGARDNG THE PROPERTY
8.01 Purchaser shall be entitled to full possession of the Property at
Closing, subject to the rights of the tenants under the Leases. Upon the request
of any tenant under any of the Leases, Purchaser covenants and agrees that
Purchaser shall permit such tenant to remain a Tenant of Purchaser for at least
one (1) year after the actual Closing Date.
8.02 Purchaser acknowledges that Seller has used (and will continue to
use, for the indefinite future) an access point and private access road leading
from Oil Well Road, extending south and adjacent to the eastern boundary of the
Property, to provide Seller with physical access to Seller's lands located to the
east and south of the Property, such access point and eastern access road being
generally depicted on Exhibit "E", attached hereto (the "Eastern Access Road").
Purchaser agrees that Purchaser shall not object to or otherwise seek to prohibit
or limit Seller's continued (and indefinite) use of the Easter Access Road after
Closing.
8.03 It is acknowledged that Purchaser intends to re -locate the Collier County
fairgrounds to the Property, as and to also construct a swamp buggy recreational
and/or racing facility on a portion of the Property. Purchaser will endeavor to
locate the fair grounds and proposed swamp buggy facilities as far south and east
as reasonably feasible from the intersection of Oil well Road and Camp Keais Rd
in conjunction therewith.
8.04 It is acknowledged that Lee County Electric Co -Op lines are located on the
Property (within a United Telephone Company of Florida easement), as reflected
on the Survey (the "Electrical Service Lines"). The Electrical Service Lines
extend south of the Property and provide power to one or more buildings located
on lands owned by Seller and lying south of the Property. At such time as
Purchaser develops the Property, if Purchaser desires to re -locate such Electrical
Service Lines, then Purchaser shall, at its expense either (a) relocate such
electrical lines within the Property, or (b) (subject to Seller's specific obligations
set forth hereinafter in this Section 8.04) cause the Electrical Service Lines to be
relocated and re-routed around the Property (and along the eastern edge thereof),
and in such event Seller will grant an acceptable replacement easement to Lee
County Electric Co -Op for the re-routing of such Electrical Service Lines. It is the
express intent of this Section 8.04 the electrical service to Seller's adjacent lands
located south of the Property be maintained at all times.
Page 6 of 14
118
IX. PRORATIONS
9.01 Ad valorem taxes next due and payable, after closing on the Property,
shall be prorated at Closing based upon the gross amount of 2020 taxes, . Rents
payable under any Leases shall be pro -rated.
X. TERMINATION AND REMEDIES
10.01 If Seller shall have failed to perform any of the covenants and/or
agreements contained herein which are to be performed by Seller, within ten (10)
days of Seller's receipt of written notification of such failure from Purchaser,
Purchaser may, at its option and as its sole remedies, elect to either (a) terminate
this Agreement by giving written notice of termination to Seller, or (b) Purchaser
shall have the right to seek specific performance of this Agreement.
10.02 If the Purchaser has not terminated this Agreement pursuant to any
of the provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon an amount equal to one percent (1%) of
the purchase price shall be paid to Seller as liquidated damages which shall be
Seller's sole and exclusive remedy, and neither party shall have any further liability
or obligation to the other except as set forth in paragraph 13.01, (Real Estate
Brokers), hereof. The parties acknowledge and agree that Seller's actual
damages in the event of Purchaser's default are uncertain in amount and difficult
to ascertain, and that said amount of liquidated damages was reasonably
determined by mutual agreement between the parties, and said sum was not
intended to be a penalty in nature.
10.03 Should any litigation or other action be commenced between the
parties concerning the Property or this Agreement, the party prevailing in such
litigation or other action shall be entitled, in addition to such relief as may be
granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees
and costs for appellate proceedings in such litigation or other action; which sum
may be determined by the court or in a separate action brought for that purpose.
10.04 The parties acknowledge that the remedies described herein and in
the other provisions of this Agreement provide mutually satisfactory and sufficient
remedies to each of the parties and take into account the peculiar risks and
expenses of each of the parties.
XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND
WARRANTIES
Page 7 of 14
ila
11.01 Seller and Purchaser represent and warrant the following:
11.011 Seller and Purchaser have full right and authority to enter
into and to execute this Agreement and to undertake all actions
and to perform all tasks required of each hereunder. Seller is not
presently the subject of a pending, threatened or contemplated
bankruptcy proceeding.
11.012 Seller has full right, power, and authority to own and
operate the Property, and to execute, deliver, and perform its
obligations under this Agreement and the instruments executed in
connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals
have been obtained authorizing Seller and Purchaser to execute
and consummate the transaction contemplated hereby. At Closing,
certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
11.013 The warranties set forth in this Article shall be true on the
date of this Agreement and as of the date of Closing. Purchaser's
acceptance of a deed to the said Property shall not be deemed to
be full performance and discharge of every agreement and
obligation on the part of the Seller to be performed pursuant to the
provisions of this Agreement.
11.014 Seller represents that it has no knowledge of any actions,
suits, claims, proceedings, litigation or investigations pending or
threatened against Seller, at law, equity or in arbitration before or
by any federal, state, municipal or other governmental
instrumentality that relate to this Agreement or any other property
that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
11.015 No party or person other than Purchaser has any right or
option to purchase the Property or any portion thereof.
11.016 Until the date fixed for Closing, so long as this Agreement
remains in force and effect, Seller shall not encumber or convey
any portion of the Property or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to
the Property or any part thereof, without first obtaining the written
consent of Purchaser to such conveyance, encumbrance, or
agreement which consent may be withheld by Purchaser for any
reason whatsoever.
Page 8 of 14
11.017 Seller represents that to the best of Seller's knowledge and
subject to any environmental reports or other inspection reports
obtained by the Purchaser prior to or after the date of this
Agreement ("Purchaser's Inspection Reports"), there are no
incinerators, septic tanks or cesspools on the Property; Seller
represents that it has no knowledge that any pollutants are or have
been discharged from the Property, directly or indirectly into any
body of water. Seller discloses to the Purchaser (and the
Purchaser acknowledges) that the Property has been used and is
currently being used for agricultural use (including the uses
permitted under the Leases), and Purchaser acknowledges that
agricultural use necessarily includes the storage and application of
fertilizers, pesticides and the storage and use of fuels to power
farm equipment and other agricultural vehicles. Subject to the
foregoing disclosure and any information that Purchaser obtains in
Purchaser's Inspection Reports, Seller represents that, to the best
of Seller's knowledge, the Property has not been used for the
production, , , manufacture or disposal of hazardous or toxic
substances or wastes, as such terms are defined in applicable
laws and regulations. Subject to the disclosures of Seller set forth
in this sub -section 11.017, no such hazardous or toxic substances
are currently used (in excess of legally permissible quantities) in
connection with the operation of the Property, and Seller has
received no written notice from any local, state or federal agency
that there are any proceedings or inquiries by any of such agencies
with respect thereto. Seller represents that it has no knowledge that
there is ground water contamination on the Property . Seller
represents that to its knowledge, none of the Property has been
used as a sanitary landfill.
11.018 Seller has received no written notice from any third party
asserting that the Property and the tenant operations concerning
the Property are in violation of any applicable Federal, State or
local statute, law or regulation., or of any notice from any
governmental body has been served upon Seller claiming any
violation of any law, ordinance, code or regulation or requiring or
calling attention to the need for any work, repairs, construction,
alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with
which Seller has not complied.
11.019 There are no unrecorded restrictions, easements or rights
of way (other than existing zoning regulations and the Leases) that
restrict or affect the use of the Property, and there are no
maintenance, construction, advertising, management,
employment, service or other contracts affecting the Property.
Page 9 of 14
I1a
11.020 Seller has no knowledge that there are any suits, actions
or arbitration, bond issuances or proposals therefor, proposals for
public improvement assessments, pay -back agreements, paving
agreements, road expansion or improvement agreements, utility
moratoriums, use moratoriums, improvement moratoriums,
administrative or other proceedings or governmental investigations
or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects
Seller's ability to perform hereunder.
11.021 Seller acknowledges and agrees that Purchaser is
entering into this Agreement based upon Seller's representations
stated above and on the understanding that, subject to the rights of
the tenants under the Leases, Seller will not cause the zoning or
physical condition of the Property to change from its existing state
on the effective date of this Agreement up to and including the
Date of Closing. Therefore, subject to the existing Leases, Seller
agrees not to enter into any contracts or agreements pertaining to
or affecting the Property and not to do any act or omit to perform
any act which would change the zoning or physical condition of the
Property or the governmental ordinances or laws governing same.
Seller also agrees to notify Purchaser promptly of any change in
the facts contained in the foregoing representations and of any
notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or
any governmental authorities having jurisdiction of the development
of the property which may restrict or change any other condition of
the Property.
11.022 At the Closing, Seller shall deliver to Purchaser a
statement (hereinafter called the "Closing Representative
Statement") reasserting the foregoing representations as of the
Date of Closing, which provisions shall survive the Closing for six
(6) months.
11.023 Seller represents, warrants and agrees to indemnify,
reimburse, defend and hold Purchaser harmless from any and all
costs (including attorney's fees) asserted against, imposed on or
incurred by Purchaser, directly or indirectly, pursuant to or in
connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment
which shall be in accordance with, but not limited to, the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA"
or "Superfund"), which was amended and upgraded by the
Page 10 of 14
116
Superfund Amendment and Reauthorization Act of 1986 ("SARA"),
including any amendments or successor in function to these acts.
This provision and the rights of Purchaser, hereunder, shall survive
Closing and are not deemed satisfied by conveyance of title.
11.024 Any loss and/or damage to the Property between the date
of this Agreement and the date of Closing shall be Seller's sole risk
and expense.
When used herein, any reference to "the best of Seller's knowledge"
or to "Seller's knowledge" or words of similar import, shall mean and refer to the actual
knowledge of David Genson.
XII. NOTICES
12.01 Any notice, request, demand, instruction or other communication to
be given to either party hereunder shall be in writing, sent by hand delivery,
federal express, or certified mail, return receipt requested, postage prepaid,
addressed as follows:
If to Purchaser: Real Property Management Department
Administration Building
3335 Tamiami Trail East
Naples, Florida 34112
With a copy to: Office of the County Attorney
Administration Building
3299 Tamiami Trail East
Naples, Florida 34112
If to Seller: Barron Collier Partnership, LLLP
Attn: David Genson
2600 Golden Gate Pkwy
Naples, FL 34105
239-262-2600
dgenson@barroncollier.com
With a copy to: Matthew L. Grabinski, Esq.
COLEMAN, YOVANOVICH
& KOESTER, P.A.
4001 Tamiami Trail N., #300
Naples, Florida 34103
Phone: 239-435-3535
Fax: 239-435-1218
mgrabinski@cyklawfirm.com
Page 11 of 14
12.02 The addressees and addresses for the purpose of this Article may
be changed by either party by giving written notice of such change to the other
party in the manner provided herein. For the purpose of changing such addresses
or addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
XIII. REAL ESTATE BROKERS
13.01 Seller and Purchaser each represent and warrant to the other that it
has not used the services of any real estate broker in conjunction with the
transaction contemplated hereby. Each party shall indemnify the other for any
breach of the foregoing warranty.
XIV. MISCELLANEOUS
14.01 This Agreement may be executed in any manner of counterparts
which together shall constitute the agreement of the parties. Neither this
Agreement nor any memorandum hereof shall be recorded in the public records of
any County. Any obligations that may (or by their nature must) be performed after
Closing shall survive Closing.
14.02 This Agreement and the terms and provisions hereof shall be
effective as of the date this Agreement is executed by both parties and shall inure
to the benefit of and be binding upon the parties hereto and their respective heirs,
executors, personal representatives, successors, successor trustee, and
assignees whenever the context so requires or admits.
14.03 Any amendment to this Agreement shall not bind any of the parties
hereof unless such amendment is in writing and executed and dated by Purchaser
and Seller. Any amendment to this Agreement shall be binding upon Purchaser
and Seller as soon as it has been executed by both parties.
14.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
14.05 All terms and words used in this Agreement, regardless of the
number and gender in which used, shall be deemed to include any other gender or
number as the context or the use thereof may require.
14.06 No waiver of any provision of this Agreement shall be effective unless
it is in writing signed by the party against whom it is asserted, and any waiver of
any provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
Page 12 of 14
HFI
14.07 If any date specified in this Agreement falls on a Saturday, Sunday or
federal bank holiday, then the date to which such reference is made shall be
extended to the next succeeding business day.
14.08 Seller is aware of and understands that the "offer" to purchase
represented by this Agreement is subject to acceptance and approval by the
Board of County Commissioners of Collier County, Florida.
14.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
14.10 This Agreement is governed and construed in accordance with the
laws of the State of Florida.
XV. ENTIRE AGREEMENT
15.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
{Signatures on following page}
Page 13 of 14
M'i
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by
BCC: 3 I g I 2 k
AS TO PURCHASER:
Dated: 3 I q �OA
ATTEST, `
CrystaI Y\
Ages( ji16 thal +:' uty Clerk
signature only.
AS TO SELLER:
Dated: �7111202J
Approved as to form and legality.
Jen A. Belpedio
Assistant County Attorney
Exhibit Index
BOARD O NTY COM SIO ERS
COLLIER NTY, FLO I
By:..._
Penny Taylor, Chairman
Barron C Ilier Partnership, LLLP
By: Bar n Collanagement, LLC
Its: Ge e alkarinel
d Genson, Senior Vice -President
Exhibit "A" ---- Legal Description of Property
Exhibit "B" — Legal Description of Leased Property
Exhibit "C" ----- Legal Description of Access Easement Area
Exhibit "D" ----- form of Access Easement
Exhibit "E"------ site plan that depicts general location of Seller's eastern access point and eastern access road
Page 14 of 14
118
EXHIBIT "A"
COASTAL
ENGINEERING
CONSULTANTS
INC.
A CECI GROUP COMPANY
LEGAL DESCRIPTION
PROPOSED CAMP KEAIS
PROPERTY
CECI Group Services
Coastal and Marine Engineering
Environmental and Geological Services
Land and Marine Survey and Mapping
Website: www.coastalengineering.com
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 89016'47" EAST 0.20 FEET;
NORTH 89012'46" EAST 149.80 FEET TO THE POINT OF BEGINNING;
CONTINUE NORTH 89012'46" EAST 2,494.34 FEET;
NORTH 89013'54" EAST 2,650.56 FEET;
NORTH 89013'04" EAST 2,646.08 FEET;
NORTH 89013'16" EAST 1,243.38 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY LINE, SOUTH 00046'44" EAST 306.02 FEET;
THENCE NORTH 89013' 16" EAST 253.24 FEET;
THENCE SOUTH 00046'44" EAST 246.67 FEET;
THENCE NORTH 89011'42" EAST 904.17 FEET;
THENCE SOUTH 37034'28" EAST 368.44 FEET;
THENCE SOUTH 00014'20" EAST 1,847.61 FEET;
THENCE SOUTH 00016'05" EAST 2,150.79 FEET;
THENCE NORTH 78008'51" WEST 906.09 FEET;
THENCE SOUTH 67004'03" 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 40057'25" WEST 553.63 FEET;
NORTH 18050'52" WEST 117.24 FEET;
3106 S. Horseshoe Drive, Naples, FL 34104 8570 Anselmo Lane, Baton Rouge, LA 70810
Phone (239) 643-2324 • Fax (239) 643-1 143 Phone (225) 768-1982
E-mail: infoAcecifl.com
SERVING COASTAL COMMUNITIES SINCE 1977
Proposed Camp Keais Property
April 29, 2020
Page 2
NORTH 54045'52"
WEST 186.43 FEET;
NORTH 61 °54'24"
WEST 228.21 FEET;
NORTH 52049'13"
WEST 129.48 FEET;
NORTH 59032'50"
WEST 125.34 FEET;
NORTH 70042'33"
WEST 340.30 FEET;
NORTH 17028'15"
WEST 82.19 FEET;
NORTH 85049'36"
WEST 196.77 FEET;
SOUTH 43010'15"
WEST 114.48 FEET;
NORTH 84006'12"
WEST 187.44 FEET;
SOUTH 60025'35"
WEST 129.58 FEET;
SOUTH 7305659"
WEST 107.13 FEET;
NORTH 80032'58"
WEST 442.73 FEET;
NORTH 73007'43"
WEST 184.65 FEET;
NORTH 43029'27"
WEST 121.42 FEET;
NORTH 81045'50"
WEST 102.40 FEET;
NORTH 49021'10"
WEST 354.20 FEET;
NORTH 36020'05"
WEST 121.17 FEET;
SOUTH 86013'01"
WEST 534.65 FEET;
NORTH 76016' 15"
WEST 596.75 FEET;
SOUTH 15032'18"
WEST 1,233.80 FEET;
NORTH 79008'14"
WEST 131.66 FEET;
NORTH 75056'18"
WEST 601.13 FEET;
SOUTH 22044'19"
WEST 33.88 FEET;
NORTH 79001'40"
WEST 251.91 FEET;
NORTH 79001'42"
WEST 25.14 FEET;
NORTH 74002'33"
WEST 6.43 FEET;
NORTH 73012'44"
WEST 434.82 FEET;
NORTH 81 °42'23"
WEST 47.17 FEET;
SOUTH 00006'39"
EAST 137.21 FEET;
SOUTH 07026'16"
WEST 100.98 FEET;
NORTH 59006'50"
WEST 570.30 FEET;
NORTH 85000'40"
WEST 317.20 FEET;
SOUTH 00026'02"
WEST 55.93 FEET;
SOUTH 74020'48"
WEST 74.46 FEET;
SOUTH 02020'06"
WEST 555.16 FEET;
SOUTH 02039'34"
WEST 76.39 FEET;
NORTH 87000'27"
EAST 84.22 FEET;
SOUTH 79020'34"
EAST 209.20 FEET;
SOUTH 00006'39"
EAST 75.51 FEET;
SOUTH 05017'23"
WEST 260.45 FEET;
SOUTH 52052'28"
WEST 102.76 FEET;
SOUTH 86057'10"
WEST 98.13 FEET;
SOUTH 49020'23"
WEST 67.87 FEET;
SOUTH 74027'01"
WEST 46.78 FEET;
SOUTH 46049'57"
WEST 126.19 FEET;
SOUTH 43057'52"
WEST 152.99 FEET;
SOUTH 49020'23"
WEST 72.21 FEET;
COASTAL ENGINEERING CONSULTANTS, INC. 1 1 B
3106 S. Horseshoe Drive, Naples, Florida 34104 *Phone (239) 643-2324 *Fax (239) 643-1143 *E-mail: infoAcecifl.com
SERVING COASTAL COMMUNITIES SINCE 1977
Proposed Camp Keais Property
April 29, 2020
Page 3
COASTAL ENGINEERING CONSULTANTS, INC. 11 B
CONTINUE ALONG SAID LINE SOUTH 49020'23" WEST 29.22 FEET;
SOUTH 20038'51" WEST 29.66 FEET;
SOUTH 26030'53" WEST 253.20 FEET;
SOUTH 18011'27"
WEST 19.94 FEET;
SOUTH 83015'35"
WEST 101.76 FEET;
SOUTH 87009'55"
WEST 168.98 FEET;
NORTH 59037'17"
WEST 14.84 FEET;
NORTH 74059'37"
WEST 14.07 FEET;
NORTH 56026'12"
WEST 50.23 FEET;
NORTH 35039'56"
WEST 72.77 FEET;
NORTH 88030'35"
WEST 403.55 FEET;
SOUTH 53059'46"
WEST 100.98 FEET;
SOUTH 00006'39"
EAST 50.75 FEET;
SOUTH 56040'16"
WEST 97.79 FEET;
SOUTH 89053'21"
WEST 299.02 FEET;
THENCE LEAVING SAID SOUTH BOUNDARY, SOUTH 89°52'46" WEST 208.07 FEET;
THENCE NORTH 00022'44" WEST 537.84 FEET;
THENCE NORTH 00036'30" WEST 4,949.48 FEET;
THENCE NORTH 89012'46" EAST 50.00 FEET;
THENCE NORTH 00036'30" WEST 330.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,046.19 ACRES, MORE OR LESS.
COASTAL ENGINEERING CONSULTANTS, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 2464
RICHARD J. EWING, V.P.
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
CEC FILE NO. 19.429
DATE OF SIGNATURE:
3106 S. Horseshoe Drive, Naples, Florida 34104 *Phone (239) 643-2324 *Fax (239) 643-1143 *E-mail: info n,cecifl.com
SERVING COASTAL COMMUNITIES SINCE 1977
i1B
Exhibit "B"
Leases
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
English Bros & L.W. Bird 1,274 ac, Grazing Lease
6. Florida Soil Builders, Inc. 123 Acre Lease
I I B
Exhibit "C"
LEGAL
DESCRIPTION
PROPOSED INGRESS/EGRESS
EASEMENT
(CAMP KEAIS PROPERTY)
ALL 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, THENCE
ALONG THE WEST LINE OF SAID SECTION 22, SOUTH 00.3 F23" EAST 50.00 FEET TO
A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF OIL WELL ROAD, AND THE POINT
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE, ALONG SAID SOUTH RIGHT-OF-WAY LINE, IN THE FOLLOWING TWO (2)
DESCRIBED COURSES:
NORTH 89016'47" EAST 0.20 FEET;
NORTH 89012'46" EAST 149.80 FEET;
THENCE LEAVING SAID LINE SOUTH 00036'30" EAST 330.00 FEET;
THENCE SOUTH 89012'46" WEST 50.00 FEET;
THENCE SOUTH 00036'30" EAST 4949.48 FEET;
THENCE SOUTH 00022'44" EAST 537.84 FEET;
THENCE SOUTH 89052'46" WEST 106.97 FEET TO A POINT ON THE WEST LINE OF
SECTION 22, TOWNSHIP 48 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA;
THENCE ALONG THE WEST LINE OF SECTIONS 22 AND 27, TOWNSHIP 48 SOUTH,
RANGE 29 EAST COLLIER COUNTY FLORIDA NORTH 00031'06" WEST FOR A
DISTANCE OF 5 816. 10 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED.
CONTAINING 14.21 ACRES, MORE OR LESS.
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EASEMENT EXHIBIT OF A PROPOSED INGRESS/EGRESS
sEcc282]
yAS RNc. 29E
�NCi GRaiR coNR,uvv
RHONE'.
EASEMENT LOCATED IN SECTIONS 22 AND 27, TOWNSHI P IB SOUTH,
190 KETCFI
Senin9 FloeiOa Siren t9P (23:1111232,
FAX (239) '_3
JtO65WT1 HORSESHOE DRIVE neenngcmm
—IS. FLORIOA 34101 ,E—mla'@cncAl.wm
RANGE 29 EAST. COLLIER COUNTY, FLORIDA.
REFwaNab
19G29
No
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ila
PROJECT: EXHIBIT "D" i 18
PARCEL:
FOLIO:
ACCESS EASEMENT
THIS EASEMENT is made and entered into this day of ,
20, by , [type of entity], whose mailing address is
, (hereinafter referred to as "Grantor"), and COLLIER COUNTY, a political
subdivision of the State of Florida, having a mailing address of 3301 Tamiami Trail
East, Naples, Florida 34112, its successors and assigns (hereinafter referred to as
"Grantee").
(Wherever used herein, the terms "Grantor" and "Grantee" include all parties to
this instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive easement for access upon and across the following described
lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS PROPERTY IS NOT HOMESTEAD.
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to
enter upon and across said land for , all of which shall be within the
foot wide easement area. Grantee shall be responsible for maintenance of the
easement area. The easement granted herein shall constitute an easement running
with the land and shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
[grantor]
Witness (Signature)
(Print or Type)
Witness (Signature)
(Print or Type)
STATE OF _
COUNTY OF
The foregoing Access Easement was acknowledged before me by means of ❑ physical
presence or ❑ online notarization this day of , 20_
by (name and title), on behalf of (entity).
Such person(s) Notary Public must check applicable box:
❑ are personally known to me.
❑ produced her current driver license.
❑ produced
(Notary Seal)
Notary Public
Printed Name of Notary:
Commission Number: _
My Commission Expires:
Approved as to form and legality:
By:
Print:
Assistant/Deputy County Attorney
as identification.
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11B
PROJECT: Camp Keais Parcel
PARCEL: Oil Well Road (1046.19 Acres)
FOLIO: 00227240009, 00227240106, 00227280001 and 00227440003
WARRANTY DEED
rvoul-
THIS WARRANTY DEED is made this o6j day of April, 2021, by Barron
Collier Partnership, LLLP, a Florida limited liability limited partnership
(hereinafter referred to as "Grantor"), to 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 (hereinafter referred to as
"Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors
and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of
Ten Dollars ($10.00) and other valuable consideration, receipt whereof is
hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases,
conveys and confirms unto the Grantee, all that certain land situate in Collier County,
Florida, to wit:
See Attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
TOGETHER with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is
lawfully seized of said land in fee simple; that the Grantor has good right and lawful
authority to sell and convey said land; that the Grantor hereby fully warrants the title
to said land and will defend the same against the lawful claims of all persons
whomsoever; and that said land is free of all encumbrances except as noted above.
6
Ila
IN WITNESS WHEREOF, the said Grantor has signed and seated these presents
the day and year first above written.
Witnesses (as to both):
�'1 "!�i'
[no !N70'qMqff
?S-.4�14 >L ..i�o GGt•-
Print Name: Se** Rb e.Sr*cw+-4M
STATE OF FLORIDA
COUNTY OF COLLIER
Barron Collier Partnership, LLLP,
a Florida limited liability limited
partnership
By: Barron Collier Management,
LLC, a Florida limited liability
company, • s neral Partner
By: X j
David W;Genson, Senor V.P.
By:
Brian Goguen, Chief Investment
Officer
SWORN TO AND SUBSCRIBED before me ✓ in person or by online
notarization on this _L day of 2021 by David B. Genson as Senior Vice
President of Barron Collier Management, LLC, a Florida limited liability company, General
Partner of Barron Collier Partnership, LLLP, a Florida limited liability limited partnership,
who_is personaliy_known to me or who has produced as identification
WITNESS my hand and official seal this 1. ---� day of A-FaI:-. 2021.
(affix notarial seal)
SABINA E. HARDY
MY COMMISSION # GG 287225
'a EXPIRES: January 14, 2023
:eo's �•° Bonded Thru Notary Public Underwrkers
STATE OF FLORIDA
COUNTY OF COLLIER
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any) GC 2S7ZZ 5_
My Commission Expires: i/I /2o z3
0
118
SWORN TO AND SUBSCRIBED before me in person or by online
notarization on this 13'01 day of 4PLt,_.. , 2021 by Brian Goguen as Chief
Investment Officer of Barron Collier Management, LLC, a Florida limited liability
company, General Partner of Barron Collier Partnership, LLLP, a Florida limited liability
limited partnership, who is_ personally known to ffie or who has produced
as identification.
WITNESS my hand and official seal this H44 da of 4&'VL , 2021.
(affix notarial seal)
M
•`! DIANE L VIGNEM
MY COMMISSION # HH 010873
40
EXPIRES: July 13, 2024
J ^f OF f1.CP: TNU NowyR'bk
(Signature of Notary Pdblic)
DIAWE e . z/i(7A/E,e/
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires: J'uLY 1
Approved as to form ankt let;:►lity
ju,t County Au���
118
Exhibit "A"
ALL THAT PART OF SECTIONS 22, 23, AND 27, ALL OF TOWNSHIP 48 SOUTH. RANGE 29 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22, THENCE ALONG THE WEST LINE OF
SAID SECTION 22, SOUTH 00-31-23" EAST 50.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE
OF OIL WELL ROAD;
THENCE, ALONG SAID SOUTH RIGHT-OF-WAY LINE, IN THE FOLLOWING SIX (6) DESCRIBED COURSES:
NORTH 89°16'47" EAST 0.20 FEET;
NORTH 89°12'46" EAST 149.80 FEET TO THE POINT OF BEGINNING;
CONTINUE NORTH 89212'46" EAST 2,494.34 FEET;
NORTH 89'13'54" EAST 2,650.56 FEET;
NORTH 89"13'04" EAST 2,646.08 FEET, -
NORTH 89"13'16" EAST 1,243.38 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY LINE, SOUTH 00°46'44" EAST 306.02 FEET;
THENCE NORTH 89°13'16" EAST 253.24 FEET;
THENCE SOUTH 00°46'44" EAST 246.67 FEET;
THENCE NORTH 89°11'42" EAST 904.17 FEET;
THENCE SOUTH 37°34'28" EAST 368.44 FEET;
THENCE SOUTH 00"14'20" EAST 1,847.61 FEET;
THENCE SOUTH 00"16'05" EAST 2,150.79 FEET;
THENCE NORTH 78°08'51" 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" WEST442.73 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;
Lu
118
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" WEST33.88 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" WEST72.77 FEET;
NORTH 88°30'35" WEST403.55 FEET;
SOUTH 53°59'46" WEST 100.98 FEET;
11B
SOUTH 00°06'39" EAST S0.7S FEET;
SOUTH S6°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 5 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 5 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.
o
118
Graphic Provldcd For Rc(crcncc Purposes Only
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ALT&INSPS LAND TITLE SURVEY or—t or
SECTION 22. 22. A 2?. TONT "4r ■OYIN. ■AME 2■ EAST COLMA
h[PCI,AMltflf CWNT. rLot■O.
118
PROJECT: Camp Keais Parcel
PARCEL: Access Easement for Oil Well Road Parcel (1046.19 Acres)
FOLIO: 00227240009, 00227240106
ACCESS EASEMENT
THIS EASEMENT is made and entered into this day of April, 2021, by
Barron Collier Partnership, LLLP, a Florida limited liability limited partnership, whose
mailing address is 2600 Golden Gate Parkway, Naples, Florida 34105 (hereinafter
referred to as "Grantor"), and COLLIER COUNTY, a political subdivision of the State
of Florida, having a mailing address of 3335 Tamiami Trail East, Suite 101, Naples,
Florida 34112, its successors and assigns (hereinafter referred to as "Grantee").
(Wherever used herein, the terms "Grantor" and "Grantee" include all parties to
this instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive easement for access upon and across the following described
lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS PROPERTY IS NOT HOMESTEAD.
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to
enter upon and across said land for the purpose of maintaining such easement area all
of which shall be within the easement area. Grantee shall be responsible for
maintenance of the easement area. The easement granted herein shall constitute an
easement running with the Grantee's land located adjacent to and east of the easement
area, and shall burden the lands described above.
a
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
Witnesses (as to both):
0
i!sl��► �.Elf
�!%/., NO
_ 11 .a� ■• .
Print Name: '&pwmy E Srvua+AM
STATE OF FLORIDA
COUNTY OF COLLIER
Barron Collier Partnership, LLLP,
a Florida limited liability limited
partnership
By: Barron Collier Management,
LLC, a Florida limited liability
company, its General Pa er
By: 0 --
David B. Genson, Senor V.P.
By:
— A, —rt)C
Brian Goguen, Chief Investment
Officer
SWORN TO AND SUBSCRIBED before me in person or by online
notarization on this . day of PR 1 , 2021 by David B. Genson as Senior Vice
President of Barron Collier Management, LLC, a Florida limited liability company, General
Partner of Barron Collier Partnership, LLLP, a Florida limited liability limited partnership,
who is personalknown to me or who has produced as identification.
WITNESS my hand and official seal this day of -Tf ru L- , 2021.
(affix notarial seal)
4,a'v"v SABINAE.HAROY
MY COMMISSION # GG 287225
"
;�.•. 'o EXPIRES: January 14,2023
Bonded Thin Nolaiy POW Umwmiters
STATE OF FLORIDA
COUNTY OF COLLIER
(Signs ure of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any) L 6287 ZZ 5
My Commission Expires: /26Z 3
SWORN TO AND SUBSCRIBED before me in person or by online
notarization on this day of APIL.I-- , 2021 by Brian Goguen as Chief
Investment Officer of Barron Collier Management, LLC, a Florida limited liability
company, General Partner of Barron Collier Partnership, LLLP, a Florida limited liability
limited partnership, Whois personally known to me or who has produced
as identification.
WITNESS my hand and official seal this day of APrlu- , 2021.
(affix notarial seal)
o SABINA E. HARDY
P,. MY COMMISSION # GG 287225
E)(PIRES: January 14, 2023
Bonded rnN NO�Y Pu!>IicUndermlors
' :';oF i ; .• �
(Signature of Notary Public)
5A'P.,,Ll/ G_ " 117:2- n n�
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any) C azs72_Z5
My Commission Expires: o
,qvroved IaStO form anti lcolity
Ass ant County Attu s J
118
0
COASTAL ExhibitA Coastal and Marine Engineering
ENGINEERING Environmental and Geological Services
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 Rangc Avc.. Suitc E. Dcnham Springs, LA 70726
Phonc (239) 643-2324 • Fax(2391643-1143 Phonc (225) 523-7403
E-mail: infiow,gcciticom
SERVING COASTAL COMMUNITIES SINCE 1977
118
GAO
�z
500 0 250 500 1000
SCALE: 1" = 500'
S00"22'44"E
537.74'
N
OD
� N
SOUTHWEST CORNER
OF SECTION 22
N00"22'44"W
537,84'
POINT OF COMMENCEMENT
NORTHWEST CORNER OF SECTION 22
TOWNSHIP 48 SOUTH, RANGE 29 EAST
COLLIER COUNTY, FLORIDA
FOUND SPIKE WITH DISC (ILLEGIBLE) IN BOX CUT
CCR# 082921
BARRON COLLIER PARTNERSHIP LLLP NORTHING:713097.3789
PARCEL NO. 00227240009 EASTING: 519894.4138
SECTION LINE OF
SECTION 22
S00.31'06"E 5218.36'
POINT OF BEGINIING
PROPOSED INGRESS/EGRESS EASEMENT L1
N00°36'30"W 4949.48'
PROPOSEDINGRESS/EGRESS
EASEMENT
ROXIMATELY 615,426 SQUARE FEET,
OR 14.13 ACRES OF LAND)
LXX - LINE TABLE PROPOSED CAMP KEAIS
LINE
BEARING
DISTANCE
L1
S00"31'06"E
110.00,
L2
N89"52'46"E
108.28'
L3
N89"28'54"E
50.00'
L4
N00°36'30"W
269.71'
L5
S89°19'33"W
150.09'
L5
Ln
l3 L4 I
I0
I�
I
WARRANTY DEED TO I m
COLLIER COUNTY I r"
(O.R. BOOK 4418, PAGE 2154) I r
10
I D
I0
COASTAL ENGINEERING CONSULTANTS, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 2464
RICHARD J. EWING, VP
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
k
Q
ENGINEERING COASTAIANDAMRMEENGNEERPVG
ENVIRONMENTAL AND GEOIOG g SERYIOES
CONSULTANTS AND AND MARINE $URVEV ANDW1PPPtGJE
INC.
PHONE: (279)W2-2]24
xe.x1GONRACN.FLORI$SOIREVARD wweoaSWynyS..A lONITA SP0.1NG5. P100.10A 311]S E�At nb�rsa9.NmVYE$T
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
"
'"
A"
SKETCH OF DESCRIPTION OF A PROPOSED INGRESWEGRESS EASEMENT LOCATED IN
SECTIONS 22 AND 27. TOWNSHIP 46 SOUTH. RANGE 29 EAST COLLIER COUNTY, FLORIDA.
WA
1es -29E
U-1.
19.29
WGRES$51(ETCH
Np
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"ENSIp1 oESCw*la1
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File No. EA60-6041753-Delay 118
ASSIGNMENT AGREEMENT
(Relinquished Property)
THIS ASSIGNMENT AGREEMENT ("Agreement") is dated as of April 5, 2021 and entered into by and between
Barron Collier Partnership, LLLP a Florida limited liability limited partnership By: Banton Collier Management, LLC, a
Florida limited liability company, Its General Partner ("Exchanger") and Old Republic Exchange Company, a California
corporation ("Qualified Intermediary" or "QI").
RECITALS
A. Exchanger and Collier County, a political subdivision of the State of Florida ("Buyer") have entered into that
certain Purchase and Sale Agreement, as amended ("Sales Agreement") in which Exchanger agreed to sell that certain real
property described as located in Collier County, Florida described in Exhibit A attached hereto and incorporated herein by
reference, ("Relinquished Property").
B. Exchanger desires to assign to QI all of Exchanger's rights, but not obligations, set forth in the Sales Agreement to
sell the property to Buyer in connection with a tax -deferred exchange of property between Exchanger and QI.
AGREEMENT
1. Exchanger hereby transfers and assigns to QI all of Exchanger's rights, title, and interest in the Sales Agreement,
and any consideration paid by Buyer to Exchanger or to the settlement agent handling this transaction, and QI accepts such
assignment.
2. Exchanger acknowledges, however, that such assignment does not relieve Exchanger from any and all
representations, warranties, indemnifications and obligations under the Sales Agreement.
3. The parties hereto acknowledge that this Assignment Agreement will be null and void if Exchanger does not
transfer the Relinquished Property to Buyer under the terms of the Sales Agreement.
4. This Agreement may be executed in counterpart (and by facsimile) and shall be of the same force and effect as if
one document had been executed by all parties.
IN WITNESS WHEREOF, the parties to this Agreement have executed it as of the dates set forth below.
EXCHANGER
Barron Collier Partnership, LLLP a Florida limited
liability limited partnership
By: B n Collier Management, LLC, a Florida
limi d ab lit compaq'y, Its s General Partner
Date: �j3�2021 By:
AVID &WAa9AJ
Its: Scrwi o c VI eA i 4 rxw-v T
(Sig,NWA es coalidoe on jollowingpoge)
Delayed Assignment Agreement - Phase 1 1 C4 Old Republic Exchange Company-rm
EA60-6041753-Delay All Rights Reserved
April 5, 2021
lie
Date: !'ZI 3 /T 1 By:
�jow Gooti`.&I
Its: GNICF /rVVEtrw+ OFFIc'OR
Date: 04/05/2021
QUALIFIED INTERMEDIARY
OLD REPUBLIC EXCHANGE
COMPANY
Kristen Curry, Assistant Vice President (by:MW)
ACKNOWLEDGMENT OF BUYER
The undersigned party acknowledges receiving this Assignment Agreement on the date set forth below.
BUYER
Collier County, i ' al subdivision t Sta of
Florida
Date: ;_� 0 I By:
Its:
Approved as to form and legality
A stant County Attut ey
Delayed Assignment Agreement -Phase 1
EA60-6041753-Delay
April 5.2021
Chairperson
ATTEST:
CRY L K. K1NZEh CLERK
�
Deputy Clerk
to Clia ani
O Old Republic Exchange Company rm
All Rights Reserved
GQ'
118
Exhibit "A"
ALL THAT PART OF SECTIONS 22, 23, AND 27, ALL OF TOWNSHIP 48 SOUTH. RANGE 29 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22, THENCE ALONG THE WEST LINE OF
SAID SECTION 22, SOUTH 00°31'23" EAST 50.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE
OF OIL WELL ROAD;
THENCE, ALONG SAID SOUTH RIGHT-OF-WAY LINE, IN THE FOLLOWING SIX (6) DESCRIBED COURSES:
NORTH 89"16'47" EAST 0.20 FEET;
NORTH 89°12'46" EAST 149.80 FEET TO THE POINT OF BEGINNING;
CONTINUE NORTH 89212'46" EAST 2,494.34 FEET;
NORTH 89'13'54" EAST 2,650.56 FEET;
NORTH 89°13'04" EAST 2,646.08 FEET;
NORTH 89°13'16" EAST 1,243.38 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY LINE, SOUTH 00-46'44" EAST 306.02 FEET;
THENCE NORTH 89°13'16" EAST 253.24 FEET;
THENCE SOUTH 00°46'44" EAST 246.67 FEET;
THENCE NORTH 89"11'42" EAST 904.17 FEET;
THENCE SOUTH 37°34'28" EAST 368.44 FEET;
THENCE SOUTH 00*14-20" EAST 1,847.61 FEET;
THENCE SOUTH 00°16'05" EAST 2,150.79 FEET;
THENCE NORTH 78°08'51" 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;
11B
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°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" WEST434.82 FEET;
NORTH 81'42'23" WEST47.17 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'S3" 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;
11b
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 S0.00 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.
1 1 D
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
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
118
cN
118
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
116
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.
Wifr%ssSignature� r
Print: � ty�� Howe I 1 David'13. Genson
Witness (Signature)
Print: Ltuoce'Y E. Yr-ciuts4o"
STATE OF FLORIDA
COUNTY OF COLLIER
SWORN TO AND SUBSCRIBED before me
notarization on this _ day of _$Pr-z. t !--
personally known to me or who has produced
in person or by online
2021 by David B. Genson, who is
as identification.
WITNESS my hand and official seal this 15 day of AP,kt. 2021.
(affix notarial seal)
(Signature of Notary Public)
SABINAE.HAD28722.5
(Print Name of Notary Public)
A
MY COMMISSION#NOTARY PUBLIC
rBo�TtwuES:Janu �Serial/Commission#:(if any) GGzx722 NoLvy c
My Commission Expires: I /1
7
Approved as to form and legality
Asa'. ant County Atturn kp ri
116
Exhibit "A"
ALL THAT PART OF SECTIONS 22, 23, AND 27, ALL OF TOWNSHIP 48 SOUTH. RANGE 29 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22, THENCE ALONG THE WEST LINE OF
SAID SECTION 22, SOUTH 00°31'23" EAST 50.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE
OF OIL WELL ROAD;
THENCE, ALONG SAID SOUTH RIGHT-OF-WAY LINE, IN THE FOLLOWING SIX (6) DESCRIBED COURSES:
NORTH 89°16'47" EAST 0.20 FEET;
NORTH 89°12'46" EAST 149.80 FEET TO THE POINT OF BEGINNING;
CONTINUE NORTH 89212'46" EAST 2,494.34 FEET;
NORTH 89'13'54" EAST 2,650.56 FEET;
NORTH 89°13'04" EAST 2,646.08 FEET;
NORTH 89°13'16" EAST 1,243.38 FEET;
THENCE LEAVING SAID RIGHT-OF-WAY LINE, SOUTH 00°46'44" EAST 306.02 FEET;
THENCE NORTH 89"13'16" EAST 253.24 FEET;
THENCE SOUTH 00"46'44" EAST 246.67 FEET;
THENCE NORTH 89"11'42" EAST 904.17 FEET;
THENCE SOUTH 37°34'28" EAST 368.44 FEET;
THENCE SOUTH 00°14'20" EAST 1,847.61 FEET;
THENCE SOUTH 00*16-05" EAST 2,150.79 FEET;
THENCE NORTH 78°08'51" 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;
118
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" WEST46.78 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;
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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 5 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.
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COASTAL
ENGINEERING
-CONSULTANTS
INC.
Coastal and Marine Engineering
Environmental and Geological Services
Land and Marine Survey and Mapping
Website: www.coastalengineering.com
(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'S2'46" 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'S4" 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 [i. [hnham Springs. LA 70726
Phone (239) 643-2324 • Fax (239) 643-1143 Phone (225) 523-7403
F.-mail infaa)cccitl.com
SERVING COASTAL COMMUNITIES SINCE 1977
il
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
1 1 9
PN
G
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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
110
PARTIAL ASSIGNMENT AND ASSUMPTION OF LEASES
THIS PARTIAL ASSIGNMENT AND ASSUMPTION OF LEASES (the
"Assignment") is made as of the `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 "13-1 ", 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
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.
ObJ
118
IN WITNESS WHEREOF, Assignor and Assignee have executed this
Assignment and Assumption of Leases as of the day and year first above written.
Witnesses (as to both):
�! L1 11i �1��
4. 'ca/ z. ,14g14,
Print Name:_ c4o&ey e. Srocjo o n
ASSIGNOR:
Barron Collier Partnership, LLLP,
a Florida limited liability limited
partnership
By: Barron Collier Management,
LLC, a Florida limited liability
company,'its General Partner
By: �t ,
David B. Genson, Senor V.P.
By:
Brian Goguen, Ch', f Investment
Officer \
v
0
ATTEST:
Cry "KinClerk
Attest as to Chaimia�'sputy clerk
r.!N?!%tl"P Wy.
ASSIGNEE:
BOARD F
COLLIE UN"
By:
Penny Taylor,
NTY COMMtqlOtJERS
FY, FLORI
Chairperson
Approved as to form and legality
& ' -cant County Mork
118
O
U
110
EXHIBIT "A"
LEGAL DESCRIPTION
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 89912'46" 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;
Z
116
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"01'40" WEST 251.91 FEET;
NORTH 79'O1'42" 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" WEST46.78 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 20038'51" 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" WEST403.55 FEET;
SOUTH 53°59'46" WEST 100.98 FEET;
O
118
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.
118
EXHIBIT "B-1"
Florida Soil Builders, Inc. 123 Acre Lease
118
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
0
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6. Mortpp In Cue No.:
110
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. items marked
(poO svcrepatd outside the cle inz They are shown her for tnformattonal purposes and are not included in the totals _
D. Buyer: Collier County a political subdivision of the State of Florida
Old Republic Exchange Company as Q1 for Barron Collier Partnership, LLLP, a Florida Limited Liability
E. Seller: Limited Partnership
2600 Golden GGate Parkway
Naples, Florida 34105 _
F. Lender: 687.5 Rock Sprigs Road
Ave Maria, Collier County, Florida 34142
G. Property: A PORTION OF SECTIONS 22, 23, AND 27, ALL OF TOWNSHIP 48 SOUTH. RANGE 29 EAST,
COLLIER COUNTY, FLORIDA, CONTAINING 1042.55 ACRES.
H. Settlement Agent: Collier Insurance Agency, LLC
Place of Settlement: 2600 Golden Gate Parkway Naples Florida 34105 Collier County
1. Settlement Date: April 20.2021
J.
Summary of Buyer's Transaction
K.
Summary of Seller's Transaction
100,
Gross Amount Due From B r:
400.
G Amount Due To Seller,
101,
Contract Sales Price _
13,553,111.00
401.
Contract Sales Price
13,553 111 00
102,
r
402.
Personal P
103.
Settlement Charges to Buyer line 1400
34,375.40
403.
104.___-
- -404.--
--
Adjgstments for Items Paid by Seller in Advance;e
aid by Seller inAdvance:
106.
City / Town Taxes _ _
406.
Ci / Town Taxes
107.
County / Parish Taxes _
407.
Coun1y/ Evi Taxes
108.
Assessments
408.
Assessments
109.
409.
120,
Gross Amount Due from Buyer.
_
Seller:
13,553,111.00
Amounts200.
00. 5
R u i in Amount Due to Seller:
201.
Q9RQSit I EMOSt MOM
501.
Excess Deposit see instructions)
202.
Principal Amount of New Loan
502.
Settlem nt Char es to Seller Line 14M
125 39.73
03.
Existing L
50 .
Exi 'n oan
204.
504
Pavoff of First Mortgage
205.
505.
Pa off of Second Mort e
206.
506.
507.
Purchase Money Mortgage _
1031 Proceeds to Old Republic Exchange
COMPM
13,453,579.60
207.
208.
508.
Adjustments for Items Unpaid by Seller:
_
Adiustments
for Items UnWd by Saer:
Imes
210. Citi /_Town Taxes-M--fjML-TQwn
211
County / Parish Taxes Jan 1, 2021 thru Apr 19,
2021 _
511.
County / Parish Taxes Jan 1, 2021 thru Apr 19,
2021
212,
Assessments
512,
Assessments
220.
Total Paid by / for i e •
0.00
520.
Total Reductions in Amount Due Seib
13j79119 33
300. Cash at Settlement
. Cash at Settlement to / from Seller:
301.
Gross Amount due from a lice 120
13,587,486.40
601.
GrossAmount d o Seller (line 420
13,553,111.00
302,
Less Amount Paid by/for Buyer (line 220)
0.00
602.
603.
Less Roduclion Amount due Seller line 520
Cash From Seller:
13 79119.33
$26,008.33
303. Cash From Buyer: $13,587,486.40
9
_ 703, Commission Paid at Settlement
800, Items Payable in Connectionwith Loan:
801. Loan Ongination
802. Loan Discount
801 Appraisal Fee
804. Credit Report _
-
--T-
805. Lender's Ins on Fee
806. Mortgage Insurance Application Fee
807. Assumption Fee
900, Items Required by Lender to be Paid jn_Advanee
;
901. Daily interest charge from Apr 20 2021
902. Mortgage Insurance Premium-
903. Hazard lnsumme Premium
904. Flood Insurance Premium
withUnder:
1001. Hazard Insurance
1002. Mortgage_ Insurance
1003. Ci!y Property Taxes
1004. County Pr opygy Taxes
- -
1005. Annual Assessments
1100, Title Charges:
750.00
_
1101. Settlement or Closing Fee to Collier Insurance Agency, LLC
1102. Abstract or Title Search to Old Republic National. Title Insurance Company150.00
1103. Title Examination
1104. Title Insurance Binder
1105_ Document Preparation_ _
11006. Notar-v_ Fees
1107 Attorney Fees
(includes above item numbers:
1108 Title Insurance to Old Republic National Title Insurance Company
_ includes above i numbers:
_
33,431.40
1109. Lender's Coverage 0.00
_
1110. Owner's Coverage 13,553,111.00 Risk Rate $33,431.40
Pren-dum:
1111. Loan Pack a handling fee
1200, Government Recording and Transfer Charges__ _
_
1201. Recording Fees: Deed 44.00 Mortgage 0.00 MOM 0.00
44.00
1202 City/County Tax/Stamps; Deed 0.00 Mortgage 0.00
1203, State Tax/Stamps: Deed _ 972.40 Mort a 0.00
94,872.40
1204. Intanxible Tax to Collier County Clerk of Court -
1205
1300, Additional
1301. Survey
_
1302. Pest Inspection-
1303. Misc. Copies.calls. faxes, postage fees
1304. FedEx fees
-
1305. Seller Attorney Fees to Coleman Yovanovich & Koester _
4,27M0
1306. Lien Searches (4 raj $96 each) to Elite Property Research
384.00
1307. Prorated Real Estate Tax Payment to Collier oun Collector
_ _ _
3,513.07
1308. Lease Proration Credit to Collier County
22 495.2
1400. Total Settlement Charges (Enter on line 103, Section J and line 502, Section In
$34,375.40
$125,539.73
118
Settlement Date: April 20, 2021
U.S Department of Housing and Urban Development
Settlement Statement Section 1031 Exchange
Relinquished Property
Collier Insurance Agency, LLC
2600 Golden Gate Parkway
Naples, Florida 34105
239-262-2600 Fax: 239.262-8017
File Number: CIA 21-050
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, It Is a true
and accurate statement of all receipts and disbursements made on my account or by me In this transaction. I further certify that
I have received a copy of HUD-1 Settlement Statement.
Read and Approved by:
Exchanger:
Barron Collier Partnership, LLLP
A Florida limited liability limited partnership
By: Barron Collier Management, LLC, a Florida
limited liability company
Its: Authorized Ag
Signature; "=
Print Name: E
Title: CHrt? I NvC-S o FFc C4Y2
AND
Buyer:
Collier County,
A political subdivision of the State of Florida
Signature: �4 Ck-.-,�
Print N me : v-
d'� b
Title: S S
The HUD-1 Settlement Statement which I have prepared Is a true and accurate account of this transaction. I have caused or will
cause the funds to be disbursed In accordance with this statement.
ORE as Q.I. for Barron Collier Partnership, I.I.I.P.
a Florida limited liability limited p nership
Settlement Agent: %�t;[� �sXpW� By:
Bradley E. Stockham ) r _ V `� Vr
Warning: It Is a crime to knowingly make false statements to the United States on this or any other similar form. PenaRles upon
Conviction can Include a fine or Imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 2010.
NIP
r r
Collier County Florida
Recommendation to approve an Agreement for Sale and Purchase
to acquire 1,046.19 +/- acres located on the Southeast corner of
the intersection of Oil Well Road (SR 858) and Camp Keais Road
owned by Barron Collier Partnership, LLLP and authorize
necessary budget amendments. The total cost for this transaction
is $13,634,670.
Roosevelt Leonard
Sr. Review Appraiser Real Property
Division of Facilities Management, PUD
March 9, 2021
Agenda Item 11 B
7 i
ra�i'getree'"
n aendm ®I.a
9Mdcn Gxe WYdW wlden G,Aa Slvnf ' cmldon G-131vd'
0I*:11 to
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6l WeP Rd
nil Noll Rd -
P
Randall Blvd
GG Blvd E
s
Oil Well Rd
L
�ve !Nadi v 3
Camp
Keais Rd
Subject
0
OL LISP.
COLLIER COUNTY CAMP F(EAIS
CLIENT:
COLLIER COUNTY
EXH IB IT O ESC:
LOCATION & LANDMARKS MAP
4355 RADIO ROAD
De
SUFIE 201
NOT'S:
DAVIDSON NAPLES, FL 34104
E N G r N E E R I N c p3g434rWO
LOCATION:
COLLIER COUNTY, FL
E5TADL15HE0 ''-
WR SaieE: i?"IIlL
Aerial Map
The subject property is approx. 11 miles East of the Waterways PUD
i,PIP. I
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COLLIER COUNTY CAMP KEAPS CAMPUS
unviUsrxrw MASTER CONCEPTUAL PLAN D1
ATTACHMENT G-1
NAE.TAT §TEPv�wtisr,rr• AREA
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SCALE 1:BOB
Recommendations
♦ Approve the attached Agreement for Sale and Purchase.
♦ Authorize the Chairman to execute the Agreement and any additional
closing documents, and accept the Special Warranty Deed, once
approved by the County Attorney's Office.
♦ Authorize staff to prepare related vouchers and backup warrants for
payment.
♦ Authorize the necessary budget amendment for $13,634,670 dollars.
♦ Direct the County Manager or his designee to proceed to acquire the
Property and to follow all appropriate closing procedures, to acquire
and obtain clear title to the Property, and to record any and all
necessary documents (once approved by the County Attorney's Office)
in the Public Records of Collier County, Florida.
Agenda Item No. 1 i--6 _ Agenda Itemp
'Tois
(For Public Comment, list topic)
Meeting Date: _ 47 � 3,
4
Marne:
Address: &e:-: kiz4z"�X�.C�
Representing/Petitioner:_ Other:
COLLIER COUNTY ORDINANCE: NO, 2003-53, AS AMENDED BY ORDINANCE 200A--05 AND 2007-24, REQUIRES THAT ALL LOBBYIST
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT .IMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGIS--ER WITH THE C'.ERK TO THE BOARD AT THE BCARD MINUTES AND RECORDS DEPARTMENT
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS3 AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT ISNOT INTENDED'-0 BE A FORUM FOR SELF -PROMOTION. PUBLIC COMMENT SPEAKERS WHO EN3AGE IN ADVERTISING
THEIR BUSINESS, PERSONAL'OLITICKING OF. OTHER FORMS OF SELF -PROM DTION WILL BE ASKED TO LEAVE THE PODIUM,
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF 'rHE DAIS — F LEASE PRINT CLEARLY
Agenda Item No. lib Agenda Item Topic
(For Public Comment, list topic)
Meeting Date:
cl � Mad
Name: M kxj i+V 64A Address: � t laWlA
Representing/Petitioner: -4 6
Other:
COLLIER COUNTY ORDINANCE NO.2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN
ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF -PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF -PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS —.PLEASE PRINT CLEARLY
61
N
Agenda • . 78,
Meeting Date: 03, 0 7.
Nam
Rep resenti ng/Petitioner:
Agenda Item Topic
(For Public Comment, list topic)
Aad,ess,?G3/ Z{f/, S
COLLIER COUNTY ORDINANCE NO.2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYIST SHALL, BEFORE ENGAGING IN
ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PUBLIC COMMENT IS NOT INTENDED TO BE A FORUM FOR SELF -PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING
THEIR BUSINESS, PERSONAL POLITICKING OR OTHER FORMS OF SELF -PROMOTION WILL BE ASKED TO LEAVE THE PODIUM.
PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAIS — PLEASE PRINT CLEARLY