NIAN Corrective Statutory Deed INSTR 5078669 OR 5116 PG 1032
PROJECT: Bayshore/Gateway RECORDED 1/29/2015 1 25 PM PAGES 3
PARCEL: LOT 7, 20, 21, 22 & 23 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
FOLIO: 52700280000, 52700760009, COLLIER COUNTY FLORIDA
DOC @.70$0.70 REC$27.00
52700800008, 52700801007, 52700840000
CORRECTIVE STATUTORY DEED
THIS DEED, made this 26th day of March, 2013, by COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY, its successors and assigns, whose mailing address is
3299 Tamiami Trail East, Naples, Florida 34112, (hereinafter called the Grantor), to
NIAN FINANCING CORP., a Florida corporation, its successors and assigns, whose
mailing address is 6006 Radio Road, Naples, Fl 34104 (hereinafter called the Grantee).
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, successors or assigns.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten
Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby
acknowledged, does hereby grant, bargain and sell unto the Grantee, the following
described land lying and being in Collier County, Florida:
Lots 7, 20, 21, 22 and 23, KELLY PLAZA SUBDIVISION, AS PER PLAT THEREOF
RECORDED IN PLAT BOOK 3, PAGE 95, PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA
Whereas, the Grantor does hereby impress the Property with the following deed
restrictions.
1. Property is restricted to construction of residential structures that conforms to
the design standards of the Bayshore Mixed Use Overlay District.
2. Terms of the Agreement attached hereto and labeled as Exhibit "A."
Therefore, the provisions of this instrument are hereby declared Covenants running with
land and is fully binding on any successors, heirs, and assigns of owner's who may
acquire any right, title, or interest in or to the property, or any part thereof. Owner(s), its
successor, heirs and assigns hereby agree and covenant to abide and fully perform the
provisions of this instrument.
Subject to easements, restrictions, and reservations of record and the following.
This Corrective Deed is being recorded to correct that Certain Statutory Deed
recorded as Instrument # 4824884, in the Public Records of Collier County, Florida, in
that the Statutory Deed did not contain Exhibit "A."
IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed by the Collier County Community Redevelopment Agency acting through its
Chairman, the day and year aforesaid.
ATTEST:
DWIGHT,E.`BROCK, Clerk COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
I'- � -04114 4 0).09 j 0C • BY:
/ i��L
v
Attest aStO !IsDeputy Clerk TIM NANCE, Chairman
(OF ► ! AL)
Approved as to form and
legality:
Jennifer A. Belpedi
Assistant County Att ey
PROJECT: BAYSHORE GATEWAY
FOLIO NOS: 52700280000,52700760009,
52700800008,52700801007,and 52700840000.
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by and between COLLIER COUNTY COMMUNITY REDEVELOPEMENT AGENCY, its
successors and assigns, whose mailing address is 3299 Tamiami Trail E., Naples, FL 34112
(hereinafter referred to as "Seller"), and NIAN FINANCING CORP., a Florida corporation, its
successors and assigns, whose mailing address is 6006 Radio Road, Naples, FL 34104 (hereinafter
referred to as "Purchaser");
WHEREAS, Seller is the owner of those certain parcels of real property (hereinafter collectively
referred to as "Property"), located in Collier County, State of Florida, and being more particularly
described as follows:
Lots 7, 20, 21, 22 and 23, KELLY PLAZA, in accordance with and subject to the
plat recorded in Plat Book 3, Page 95 of the Public Records of Collier County, Florida
Subject to easements, restrictions, and reservations of record.
WHEREAS, Seller desires to convey the Property "as is" to Purchaser for the stated purposes
and Purchaser desires to acquire the Property "as is", on the terms and conditions set forth herein;
and
WHEREAS, Purchaser has agreed to compensate Seller for conveyance of the Property;
NOW THEREFORE, in consideration of these premises, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by
and between the parties as follows:
1. Seller shall convey the Property to Purchaser via Statutory Deed for the sum of SIXTY SEVEN
THOUSAND FIVE HUNDRED and no/100 Dollars ($67,500), payable by wire transfer (said
transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation
for the Property conveyed. This is a cash transaction with no contingencies for financing.
2. Purchaser shall deliver a deposit of SIX THOUSAND SEVEN HUNDRED FIFTY and no/100
Dollars ($6,750) together with this Agreement signed by Purchaser. The deposit will be held in
escrow by Stewart Title Co. ("Escrow Agent") subject to clearance. Escrow Agent's address is
3936 N. Tamiami Trail, Suite A, Naples, FL; Phone: (239) 262-2163.
3. The effective date of the Agreement shall be the date the CRA Chairman signs the Agreement
("Effective Date'').
4. Seller shall provide Purchaser with a copy of their existing Owner's Title Insurance Policies as
title evidence. Purchaser, at their expense, will be responsible for obtaining their own title
insurance commitment and Owner's Policy of Title Insurance.
5. The Closing of the transaction shall be held on or before thirty (30) days from the Effective Date.
At Closing, Purchaser shall deliver the wire transfer to Seller and Seller shall deliver the fully
executed Statutory Deed to the Purchaser. Purchaser shall be entitled to full possession of the
Property at Closing.
6. Seller shall convey a marketable fee simple 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.
7. Each party shall be responsible for the payment of its own attorney's fees, if any. Purchaser, at
its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the
recording of the Statutory Deed, in accordance with Chapter 201.01, Florida Statutes, and the
cost of the title commitment and the title policy. Purchaser shall pay for the cost of recording the
Statutory Deed. The cost of recording any instruments necessary to clear Seller's title to the
Property will be paid by Seller. ,
8. Ad Valorem and Non-Ad Valorem property taxes shall be prorated between Seller and
Purchaser on a 365-day calendar or fiscal year, as appropriate, and shall be based on the
current year's tax. If Closing occurs at a date which the current year's tax is not fixed, taxes will
be prorated based upon such prior year's tax. In determining prorations, the closing date shall
be allocated to Purchaser.
9. Any and all brokerage commissions or fees shall be the sole responsibility of the Purchaser.
Purchaser shall indemnify Seller and hold Seller harmless from and against any claim or liability
for commission or fees to any broker or any other person or party claiming to have been
engaged by Purchaser as a real estate broker, salesman or representative, in connection with
this Agreement.
10. Purchaser acknowledges there shall be covenants that run with the lands of the property herein
described that will be fully binding on any successors, heirs, and assigns of owners who may
acquire any right, title, or interest in or to the property. A) Mobile homes shall not be permitted
on this site; and B) Construction must commence within 24 months from t ,. date of Closing.
Purchase Agreement Page 2
11. Conveyance of the Property by Seller is contingent upon no other provisions, conditions, or
premises other than those so stated herein; and the written Agreement shall constitute the
entire Agreement and understanding of the parties, and there are no other prior or written or oral
agreements, undertakings, promises, warranties, or covenants not contained herein.
12. This Agreement and the 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 both parties
hereto and their respective heirs, executors, personal representatives, successors, successor
trustees, and/or assignees, whenever the context so requires or admits.
13. Any amendment to this Agreement shall not bind any of the parties hereto 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. 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.
15. This Agreement is governed and construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set
forth herein below.
Date Property conveyance approved by BCC:
AS TO SELLER:,-
DATED y"'M '3/a6n •
ATTEST:, :fi COLLIER COUNTY COMMUNITY
DWIGHT E BRO'CK, Clerk REDEVELOPM NT AG CY
.1 ®. SF BY:
4t, De 'pty Clerk
Attest a •
a 5 TIM N NCE, Chairman
signatu only.:
AS TO PURCHASER:
DATED: 3141/k3
MAN FINANCING CORP., a Florida corporation
/ .► , By:
Witnes r�ignature) NTONIO SOWN
Name: , , 2A Its President
(• int or Type)
AL a..
-''s . •nat re) r J�
Nam-• ; ,,
"tint orTy.;)
Approved as to form and legal sufficiency:
COLLEEN GREENE
Assistant County Attorney