Backup Documents 02/13/2024 Item #16F 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP `
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 V F 7
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney
Attn. Sally A. AshkarPPir 2 c$( '
2. BCC Office Board of County Commissioners
3. Minutes and Records* Clerk of Court's Office
*NOTE TO MINUTES AND RECORDS:
Please return an electronic copy of the document(s) to Jeremiah.westerfield@colliercountyfl.gov
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Jeremiah Westerfield/Real Property— Phone Number 239-252-8917
Contact/ Department Facilities Management
Agenda Date Item was 02/13/2024 Agenda Item Number 16.F.7
Approved by the BCC
Type of Document Subordination,Non-Disturbance, and Number of Original 1
Attached Attornment Agreement Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed JW
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JW
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JW
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on above date,and all changes made during W N/ is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16F �'
SUBORDINATION, NON-DISTURBANCE,AND ATTORNMENT AGREEMENT
This Agreement is made and entered into on this /3�day of r Zu„r,2 , 20zy, by
and between 23-81 LNT, LLC, a New York limited liability company ("Landlord"), Collier
County, a Political Subdivision of the State of Florida ("Lessee"), and JFN Holdings, LLC,a
Florida limited liability company ("Lender").
WITNESSETH :
WHEREAS, pursuant to the terms of a Lease Agreement ("Lease") entered into by and
between Landlord and Lessee dated October 12,2021, Lessee has leased 1429 Don Street, Unit D,
Naples, Florida(the"Property") from Landlord;
WHEREAS, Lender has agreed to extend commercial financing to Landlord to refinance
the Property;
WHEREAS, as security for such commercial financing to be extended, Landlord has
agreed to grant a Mortgage and Security Agreement ("Mortgage") including an Assignment of
Rents and Leases in favor of Lender encumbering the Property;
WHEREAS, Lessee has agreed to offer certain assurances and representations to Lender,
and Lessee further agrees to provide for the confirmation of the subordination of Lessee's interest
in the Lease and the Property to the lien of Lender's Mortgage, to the continuation of the Lease
notwithstanding any foreclosure of the lien created by the Mortgage, and to Lessee's attomment
to Lender and its successors and/or assigns as a result of any foreclosure, conveyance in lieu
thereof, or otherwise; and
NOW,THEREFORE,for and in consideration of the mutual premises and other good and
valuable consideration,the receipt whereof is hereby acknowledged, Landlord,Lessee and Lender
do hereby agree as follows:
1. That the above recitals are true and correct in all respects.
2. That Lessee hereby confirms that its leasehold estate in the Property and all of its rights
under the terms of the Lease are subordinate to the lien of the Mortgage of Lender and to all
extensions,renewals,modifications, consolidations,and replacements thereof,to the full extent of
all obligations secured or to be secured thereby,including interest thereon and any future advances
thereunder.
3. That Lender agrees that, so long as Lessee shall perform and satisfy all of its obligations
under the Lease, the Lease, Lessee's rights thereunder, and Lessee's possession of the Property
shall not be disturbed or affected by Lender, including by any foreclosure of the Mortgage, or
conveyance in lieu of the foreclosure thereof;however, Lender's obligations under this Paragraph
3 shall be null and void if Lessee shall,at the time of such foreclosure or conveyance in lieu thereof,
be in default of Lessee's obligations under the terms of the Lease and shall fail to cure such default
pursuant to the terms of the Lease.
1 (/-�
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4. That in the event that Lender shall acquire title to the Property or otherwise be entitled to
collect the rents and other sums due under the Lease,Lessee hereby agrees to attorn to Lender and
to pay all sums due under the terms of the Lease to Lender in lieu of payment to Landlord or any
successor-in-interest thereto, so long as Lender provides written notice to Lessee that Lender has
acquired title to the Property or that Lender's right to collect such rents and other sums has
matured.
5. This Agreement shall be governed by and interpreted according to the laws of the State of
Florida and venue shall be held in the Circuit Court of Collier County,Florida.That this Agreement
shall be binding upon and shall apply equally to Lessee and Lender, as well as to the successors
and/or assigns of Lessee and Lender.
6. That this Agreement may be relied upon in all respects by Lender, Lessee, Landlord, and
Purchaser.
The parties hereto have executed this Agreement as of the day and year first above
written.
LESSEE:
Dated: �3 2oZg BOARD OF C 1 UNTY COMMISSIONERS,
COLLIE I O NTY, LORIDA
Attest:
Crystal K. Kinzel,Clerk By: AmIA /.�
Chris Chairman
I. cputv erk Attest as to Chairman's
signature only.
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16 F7 1
LANDLORD:
23-: NT, ':► ew York limited liability
o m p a .��`
By: .
S - -'. . lees
Manager
LENDER:
JFN Holdings, LLC, a Florida limi ed liability
comp
I0I1 � .J
B, _ Nichols, Tr tee of the ry F.
/ i Is Revocable Trust dated October 7,
1999
Its:Authorized Member
Approv; .. to form and legality:
.'�
Sally? shkl Assistant County Attorney
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SUBORDINATION,NON-DISTURBANCE,AND ATTORNMENT AGREEMENT
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