Backup Documents 05/10/2016 Item #16E6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLt 6E 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**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 CounAttorney Office.
Route to Addressee(s) (List in routing order) Office Initials L Date
1.
2.
3. County Attorney Office County Attorney Office (1Z0.4
4. BCC Office Board of County DC 415
Commissioners -1�I`i� 51146
5. Minutes and Records Clerk of Court's Office
5112119
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 DEBORAH GOODAKER Phone Number 252-8922
Contact/ Department
Agenda Date Item was MAY 10,2016 ✓ Agenda Item Number 16.E.6
Approved by the BCC
Type of Document Agreement for Sale and Purchase Number of Original 1
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)_
1. Does the document require the chairman's original signature? 3' fhe 0
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
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's 1.)1�
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 dkg
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 dkg
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 Mav 10,2016. No changes were made
during the meeting. • • . . • • . • • ' ! • • •. • • . -
111
�eT ' dkg
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,as no changes were directed nor made,and the document is ready for the
Chairman's signature.
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
16Ex , 6
• z- • Memorandum
TO: Minutes & Records Management
FROM: Deborah Goodaker
Property Acquisition Specialist
Real Property Management
DATE: May 10, 2016
RE: Public Utilities — Basin 101
Acquisition from Maggio
Agenda Item 16E6, May 10, 2016
Item 16E6 was approved on the May 10, 2016 Agenda for approval of the Agreement for
Sale and Purchase. Accordingly, attached please find the aforementioned document.
Please attest to the Chairman's signature on the aforementioned document; then return a
fully executed copy to me via email: deborahgoodakeracolliergov.net.
Please contact Toni Mott (x8780) or me (x8922) if you have any questions or comments.
Thank you.
Ann P. Jennejohn
1 6 E6
From: Ann P.Jennejohn
Sent: Friday, May 13, 2016 11:03 AM
To: GoodakerDeborah (DeborahGoodaker@colliergov.net)
Subject: Maggio Property Acquisition Item #16E6 (5-10-16 BCC Meeting)
Attachments: Item #16E6.pdf
Good Morning Deborah,
A copy of the Maggio Purchase Agreement, for property
at 512 103rd Avenue N, that was approved by the Board
this past Tuesday, is attached for your records.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustvnevt Board
Collier County Board Minutes & Records Dept.
239-252-8406 Fax 239-252-8408
1
1 6 E 6
Project: BASIN 101 -Wastewater System Rehab
Folio: 62835920005
STANDARD FORM
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between AGATA MAGGIO, SAVERIO
MAGGIO, VITO WILLIAM MAGGIO, FRANK MAGGIO, JOHN MAGGIO, ROBERT MAGGIO,
and JOANN MAGGIO, all as joint tenants with rights of survivorship, whose mailing 7
address is 1731 Wyandotte Street East, Windsor, Ontario, Canada N8Y 1C9, hereinafter
collectively referred to as ("Seller"), and BOARD OF COUNTY COMMISSIONERS, OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND
AS EX-OFFICIO THE GOVERNING BOARD OF COLLIER COUNTY WATER-SEWER
DISTRICT, 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 that certain parcel 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:
1. 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 Three Hundred
Ninteen Thousand Dollars ($319,000)(U.S. Currency) payable at time of closing.
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Ill. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of
the transaction shall be held on or before sixty (60) days following execution of this
Agreement by the Purchaser, unless extended by mutual written agreement of the parties
hereto. The Manager of Real Property Management or designee is authorized to enter
into such mutual written agreements on behalf of the County for extensions of up to an
additional sixty (60) days without further approval by the Board of County
Commissioners. 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 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 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.
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, payable by wire transfer to: insert escrow agent contact information, 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
Section 4.011 thereto, and the Title Company is irrevocably committed to pay
Page 2 of 1 5 411)
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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 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, Purchaser shall obtain 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
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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 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. Seller agrees to furnish any existing
surveys of the Property, if any, to Purchaser within fifteen (15) days of execution of
this Agreement.
V. APPRAISAL PERIOD
5.01 This provision was deleted as an in-house appraisal was obtained per the
guidelines set forth in Section Two(4) of Ordinance 2007-28.
VI. INSPECTION PERIOD
6.01 This provision was deleted as the Property is being purchased "AS IS",
without inspection.
VII. INSPECTION
7.01 This provision was deleted as the Property is being purchased "AS IS",
without inspection.
VIII. POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at Closing.
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 2016 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.
Page 4 of 15
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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.
Xl. 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 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,
Page 5 of 15
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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 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 Seller has no knowledge that the Property and 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.
11.019 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.
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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; 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.
Page 7 of 15
(32)
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XU. 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
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: Vito William Maggio
Vito's Pizzaria
1731 Wyandotte St East
Windsor, Ontario
Canada N8Y 1C9
With a copy to: Mari Vesci or Patrick Gendron
John R. Wood Properties
9000 Gulf Shore Dr
Naples, FL 34108
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
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.
Page 8 of 15
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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
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.)
Page 9 of 15
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14.10 Seller agrees to remove all personal property from the structure no later than ten
(10) days prior to the established closing date, leaving the property in "broom clean"
condition. Personal property items include, but are not limited to, furniture, clothing, pots,
pans, dishes, eating/cooking utensils, bedding, towels, lamps, fans/heaters, anything that
is not normally considered to be a "fixture." Seller may leave or remove the major
appliances now in the home, but Purchaser will not require Seller to remove said items.
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 on the following pages.
Dated Project/Acquisition Approved by
BCC: `tom'/�� t� ,
AS TO PURCHASER:
Dated: 510-201,(p BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA,AS
ATTEST: THE GOVERNING BOARD OF COLLIER
COUNTY AND AS EX-OFF1C1O THE
DWIGHT E. BROCK, Clerk GOVERNING BOARD OF eOLLIER
COUNTY WATER-SEWER DISTRICT
• it ' 4 rJ' .0 . BY:
c rint. Ij • ,iA7�'siJ , Deputy Clerk411_,,m
17141K F , Chairman
Attest as to Cha' an s
signature only.
Approved as to form and legality:
Item#
JENNIFER BELPEDIO,Assis a County Attorney 0 9730\\� AgenDada �1D
..oV'�\ Date
Page 10 of 15 R 'd
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1 6 E6
AS TO SELLER:
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Dated: ��
WITNES ES:
g ` 2 j BY: A t (1-1./Cert—C1I
(Signatur: XGATA MAGGIO
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(Printed Name)
(Signa
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(Printed Name)
AS TO SELLER: --
Dated: I l� 20t
WITNESSES:
IA-- 2 BY: �: `_►
(Signature SAVERIO MAGGIO
Fr ( AGG �r
(Printed Name)
DJ,/ L_
(Signature)
(-4.)ir4(Pr nted Name) r ;
Page 11 of 15
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AS TO SELLER:
Dated: 01.)r, \ / t
WITNE SES
A I al (
0 WILLIAM MAGGIO
iriA6G (o
FrA
(Printed Name)
ekre.4,- 04,
(Signature
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(Printed(Nime) 1/4
AS TO SELLER:
Dated: M'
/2/6
WITN SSE&
BY
(Signature) StlarkFRANK MAG •
/ 1
(Printed Name)
iyi„idec a-1,6-04 9,X2-r-1,5
(Signatio6)
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(PrintagOtame)
Page 12 of 15
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AS TO SELLER:
Dated: aphi). (Di ZOt 6
WITNES ES:
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(Signature JOHN MAGGIO
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AS TO SELLER:
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WITNESSES:
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(sit - .; ROBE T MAOGIO
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(Printed Name)
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Page 13 of 15 4,0
1 6 E 6 4
AS TO SELLER:
Dated: Li
WITNES>ES:
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(Signatur-)' 0A NNf # 10
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Page 14of15
16E6
EXHIBIT "A"
Lot 28, Block 40, Naples Park Subdivision, Unit No. 6, according to
the plat thereof, recorded in Plat Book 3, Page 15, of the Public
Records of Collier County, Florida.
4
Page 15 of 15 (2)
1 6 E 6
MEMORANDUM
Date: September 6, 2016
To: Deborah Goodaker, Property Acquisition Specialist
Real Property Management
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Agreement for Sale & Purchase/Wastewater Basin
Program
Folio #62835920005
Attached please find one original of the document as referenced
above (Agenda Item #16E6), approved by the Board of County
Commissioners on Tuesday, May 10, 2016.
The original agreement is being held in the Minutes & Records
If you should have any questions, please contact me at 252-8411.
Thank you.
Attachments
MEMORANDUM 1 OE 6
•
'43z ,s
DATE: September 6, 2016
TO: Office of County Attorey
Minutes & Records
FROM: Debi Goodaker, Property Acquisition Specialist, Facilities Mgmt.
RE: Maggio Closing
BCC approved this transaction on May 10, 2016, Agenda Item 16E6.
Attached are closing documents that need to be signed by the Chairman and attested
by the Clerk.
Thank you.
6
16E6
ste `��r.} ��}�� Tammy Taylor Stewart Title Company
` v� ` ` ` Escrow Officer Stewart
N Tamiami Trail
Ste 120
Naples,FL 34103
Phone(239)262-2163
Fax(239)262-7904
ttaylor@stowart.com
FILE NUMBER: 01206-53139
ADDRESS VERIFICATION
FOR FINAL POLICY
Please select from the below choices to receive your final title policy:
xi E-mail
Address. .R ! `JOlr / t /% e6/1/6),'
/ l/ yo /' "-
21.
Name(s). `__/ C..�C (-2.—SJ/�-f) l
Street V,1 a 4? Y t.6/i c
9 ,
Address'
City,State,
Zip: ,��
Phone: <9.�t c" C,_C.) 8 65
By signing below, you are confirming that the final policy and any other original documents or
communication should be mailedto the above address or e-mailed to the associated e-mail address.
Date. Clk Le k k /_
Board of County Commissioners of Collier
County. lorida,as the Governing Body of
Collier ., my and as Ex-O 'o the
Gove Board of the Col r County
Wet:, er Distri
Jr
BY: i '
DONNA FIALA,Chairman -
ATTEST:
DWI T E.BROC •erk
P•nt: vie-sok... •erte�+n,Deputy Clerk• 'St as to,Chairman's
Appr a for a le ity: SKI' nature''only
JENNIF BELPEDIO,Assis t County Attorney !7
Q)t31
0
E
DISCLOSURE, CONSENT AND WAIVER
Stewart Title Company ("Stewart"), is providing title insurance and closing services, and has issued Commitment No.
C-01206-53139 dated August 23,2016 in connection with a real estate transaction(the"Transaction")to which you are a
party as a Buyer,Seller or Mortgagor.
1. Deposit of Escrowed Funds: The undersigned acknowledge(s)that money may be deposited by a party or parties to
the Transaction with Stewart in connection with the Transaction,which money will be held by Stewart in escrow (the
"Escrowed Funds")until disbursement is properly authorized. As a title insurance agent licensed by the Florida Office
of Insurance Regulation,Stewart is generally required by 626.8473,Florida Statutes,to invest the Escrowed Funds in
an escrow account in accordance with the investment requirements and standards in Section 17.57,Florida Statutes.
2. Ownership: Right to Consent: By execution of this document as shown below, the undersigned, having read and
understanding this document, affirm(s) that the undersigned is/are or will be the owner of all or a portion of the
Escrowed Funds and has/have or will have the right to give directions as to the deposit of all or a portion of the
Escrowed Funds and the interest earned thereon,subject to authorized closing disbursement.
3. Time of Payment: The undersigned acknowledge(s)and agrees that:
(a) payment of Escrowed Funds payable to the owner shall be deemed to have been made to the owner,subject to
ultimate collection by the owner,upon the initiation of a wire transfer to the owner or the mailing or hand delivery
of Stewart's escrow check to the owner("Receipt of Payment");
(b) the owner waives any interest earned on the Escrowed Funds that accrues after Receipt of Payment;
(c) Stewart shall be entitled to retain any interest on such Escrowed Funds that accrues after Receipt of Payment;
and
(d) Stewart shall be entitled to charge a reasonable fee to the owner for a wire transfer.
[Note: Section 4 below should be completed only in the event that the Escrow Funds are intended to
remain in escrow for any period beyond the date on which they are deposited into escrow]
4. Funds in Escrow More Than One Day: If the Escrowed Funds are intended to remain in escrow for any period
beyond the date on which the Escrow Funds are deposited into escrow, the undersigned should choose one of the
following alternatives:
4, Alternative 1: The undersigned waive(s) its rights, if any, in connection with the requirement under Section 626.8473(3),
Florida Statues, that the Escrowed Funds be deposited into an interest-bearing escrow account (or other interest-bearing
investment) in accordance with Section 17.57, Florida Statues. The undersigned authorize(s) Stewart,at Stewart's option (i)to
deposit the Escrowed Funds into an interest bearing escrow account in accordance with Section 17,57, Florida Statutes, and to
retain for Stewart's benefit all interest earned on the Escrowed Funds in consideration for services provided by Stewart in
connection with Stewart's handling and disbursement of the Escrowed Funds or(ii) to deposit the Escrow Funds in an escrow
account that does not accrue interest,and to receive certain benefits,other than interest,from the financial institution at which such
deposit is made,or one of the financial institution's affiliates,in exchange for making such deposit;or
❑Alternative 2: The undersigned authorize(s)Stewart to deposit the Escrowed Funds into an interest-bearing escrow account in
accordance with Section 17.57,Florida Statutes,and to disburse all interest earned on the Escrowed Funds to:
❑Buyer; 0 Seller;or 0 Mortgagor
The undersigned understand(s)that Stewart will incur certain costs in collecting the necessary tax information,filing the
required 1099 forms, and calculating and issuing the interest accrued. Accordingly, if the undersigned select(s) this
alternative 2, Stewart will charge an administrative fee for this service of$50 and the undersigned acknowledge(s) and
understand(s)that,depending on the amount and duration of the deposit,this administrative fee may be greater than any
interest that accrues on the Escrowed Funds.
Date: 9 (.D \ (47
Board of County Commissioners of Collier
County,Florida,as the Governing Body of
Collier ounty and as Ex-officio the
Gov i g Board of the C'lier.County
Wa S wer District
M4212 -
BY:
DONNA FIALA,Chairman..
ATTEST:
•
ADV E.BRO K,
Print: '17e-rad CAINNy"ys,DRLtty Jerk
Appr., -4 a for n egality: 1 a .•y f,-?;+
JENNI�` BELPEDIO,A taut County Attorney
File No.: 01206-53139
W
FL NOTICE OF POTENTIAL ELIGIBILITY FOR LOWER REISSUE RATE (REVISED)
File No. 01206-53139
Please note that the Reissue Rate (a reduced premium for title insurance) may be applicable to your transaction. You are
eligible for the Reissue Rate so long as your transaction falls within one of the following categories, and you provide a
previous owner's title insurance policy as specified below to your title closer at or prior to the closing:
1. Refinancing Transactions — The Reissue Rate is available on mortgage policies issued on refinancing of
property insured by an original owner's policy which insured the title of the current mortgagor;
2. Unimproved Land —The Reissue Rate is available on policies on real property which is unimproved except for
roads, bridges, drainage facilities, and utilities if the current owner's title has been insured prior to the
application for a new policy; or;
3. Transactions Within 3 Years of Prior Policy—The Reissue Rate is available on policies issued with an effective
date of less than 3 years after the effective date of the policy insuring the seller or mortgagor in the current
transaction.
PLEASE DISCUSS WITH YOUR TITLE CLOSER WHETHER YOU ARE ELIGIBLE FOR A DISCOUNTED REISSUE
RATE PREMIUM. FAILURE TO PROVIDE A QUALIFYING PRIOR OWNER'S TITLE POLICY AT OR PRIOR TO
CLOSING WAIVES YOUR RIGHT TO THE REISSUE RATE.
I hereby acknowledge that I received this Notice of Potential Eligibility for a Lower Reissue Rate at the time of my first
contact with Stewart Title Company, and that either: (a) I have received the applicable reissue rate, (b) the transaction
does not qualify for a reissue rate, or(c) I am waiving any right to the reissue rate because no party to the transaction has
provided Stewart Title Company with a prior qualifying policy at or before closing.
Please acknowledge your understanding and agreement to the above by signing below.
Date: q 14/ t% CLQ
Board of County Commissioners of Collier
County, Florida, as the Governing Body of
Collier County and as Ex-Officio the
GoverJ1 g Board of th Collier County
Watt,S wer District .
BY: . .P110112
DONNA FIALA, Chairman
ATTEST: .
D ' T.E. BRQC _, Clerk 9Z--
Print:Teale-S& e-1141vla O gPAYS10CI`;,o ci.iri'3
Approved f m a le lity?l ''�`0��only.
JENNIFER B PEDIO,Assi t County Attorney
Stewart Title Company
Date:
Closer: Tammy Taylor
File No.: 01206-53139
FL Notice of Reissue Page 1 of 1
1 6 E 6
This Instrument Prepared by return to'
Tammy Taylor
Stewart Title Company
4910 North Tamiami Trail,Suite 120
Naples,FL 34103
File No.: 01206-53139
HOLD HARMLESS AGREEMENT
I/We Board of County Commissioners of Collier County, Florida,as the Governing Body of Collier County
and as Ex-Officio the Governing Board of the Collier County Water-Sewer District
and Agata Maggio, agree to hold harmless Stewart Title Company and Stewart Title Guaranty Company
for any costs, penalties, interest, attorney's fees,expenses, lien, liabilities,loss or damage arising from a
Federal Estate Tax lien or the Foreign Investment in Real Property Tax Act or the non receipt of IRS
Transfer Certificate and Closing Letter on the following property:
Lot 28,Block 40, Naples Park Subdivision,Unit No.6,according to the plat thereof,recorded in Plat Book
3,Page 15.of the Public records of Collier County,Florida.
Date: Lc `I
Board of County Commissioners of Collier
County,Florida,as the Governing Body of Agate Maggio
Collier •.unty and as Ex-Officio the
Cove Board of the Co r County
Wat! eerDistrict
�BY. f21/ ic
DONNA FIALA,Chairman
i
ATTEST:_
W1C TF � "E 'rk
✓,
Print: T¢�(2Se Ca+w+m,QeRut C-,,' ' ;,,t ¢ �'L
LT)
r 4rtC+lar�tC \\�
Approv as t drm ga „,„.r.� !.e
JENNIFEF�E Asststan ```unty Attome ) . _4,
(on
o I /` . ' / 7
25
State f
County of (�.-f(G°L^''-5 clerk f'
Sworn to and subscribed before me this day of by Board of i f r 1.�� , ---
County Commissioners of Collier County,Florida,as the Governi • cody of Collier County and as Ex- { j
Officio the Governing Board of the Collier County Water-Sew 'istrict,who is/are personally known to 1 I1 Z,4„/)4a.
me or has/have produced drivers license(s)as identific�at� i �7 y, ,g
/ My Commission Expires: f C�/' la'-L . ✓
Notary Public Signature / �'
Printed Name: ///
State of
County of
Sworn to and subscribed before me this day of , by Agata
Maggio,who is/are,pe/rsonally known to me or has/have produced drivers license(s)as Identification
My Commission Expires:
Notary Public Signature
Printed Name:
0
1 6 E
ESCROW AGREEMENT
Date: Q `(0 \ , cg
File Reference Number: 01206-53139
Escrow Agent: Stewart Title Company
Seller(s): Agata Maggio
Buyer(s): Board of County Commissioners of Collier County,Florida,as the Governing Body of
Collier County and as Ex-Officio the Governing Board of the Collier County Water-
Sewer District
Street Address: 512 103rd Ave.N,Naples,FL 34108
Tax Assessors Parcel Number(s): 62835920005
Property: Lot 28, Block 40,Naples Park Subdivision,Unit No.6,according to the plat thereof,
//recorded in Plat Book 3, Page 15,of the Public records of Collier County,Florida.
THIS AGREEMENT made this ( ' "day of
Zv1C--)by and between Board of County
Commissioners of Collier County,Florida,as the Governi g Body of Collier County and as Ex-Officio the Governing Board
of the Collier County Water-Sewer District,hereinafter referred to as"Buyer",and Agata Maggio,hereinafter referred to as
"Seller"and Stewart Title Company,hereinafter referred to as"Escrowee".
WHEREAS,Buyer and Seller have entered into a Contract for the Purchase and Sale of Real Property,which property
is described above;and
WHEREAS, Buyer and Seller have requested Escrowee to hold a sum of money as hereinafter defined,as Escrowee
subject to the terms and conditions below;and
WHEREAS, Buyer and Seller agree that Escrowee shall be free to deposit said escrowed funds into Stewart Title
Company escrow account and in consideration of this account shall be retained by Escrowee;and
WHEREAS, Escrowee has agreed to hold the escrowed funds subject to the terms and conditions and for the time
periods as defined below.
NOW THEREFORE,the parties hereto agree as follows:
1. Buyer and Seller agree to deliver to Escrowee,from the closing proceeds of the Contract the full amount of the
sales proceeds.
2. Escrowee agrees to deposit the above described funds into a federally insured commercial depository Stewart
Title Company escrow account in its own name,to be held until the Transfer Certificate and Closing Letter from
the IRS are received.
3. Buyer and Seller agree that the purpose of this escrow is to provide funds to pay for any lien,loss or damage
arising from a Federal Estate Tax Lien or the Foreign Investment in Real Property Tax Act.
4. Upon completion of the events described above,Escrowee will release the escrowed funds to Seller.
5. In the event that the expiration date of this Agreement arrives without the completion of all conditions precedent to
the release of escrowed funds,then Escrowee shall promptly file an action in Collier County,Florida,in a court of
competent jurisdiction,to interplead the escrowed funds. Buyer and Seller,jointly and individually,agree that said
escrowed funds shall be first liable under the terms of this Agreement,to pay for all attorney's fees and costs
associated with the filing of such action. Buyer and Seller jointly and severally agree that the venue for any such
action shall be Collier County,Florida. Buyer and Seller jointly and severally specifically agree that upon the filing
of an action for interpleader in a court of competent jurisdiction,that the Court may on the basis of this Agreement,
grant the interpleader and award attorney's fees and costs pursuant to the terms of this Agreement without the
necessity for a hearing and that the Court may,without hearing,enter an order granting said interpleader and
directing Escrowee's attorney to deliver to the Clerk of the Circuit Court in and for Collier County,Florida,the
escrowed funds less any attorney's fees and costs awarded by the Court.
6. Buyer and Seller acknowledge that this Agreement is created for their purposes and Escrowee accepts the escrow
as an accommodation to them.
7. Buyer and Seller hereby indemnify and hold harmless Escrowee against all costs,damages,attorney's fees,
expenses and liabilities which it may incur or sustain in connection with this agreement or,any Court action arising
therefrom and hereby authorizes payment of said expenses from the escrowed funds and to be personally liable
for any amount not covered by the escrowed funds.
0
I 6 E
411 V
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the �O day of tiria14.-It—'
Board of County Commissioners of Collier
Agata Maggio County,Florida,as the Governing Body of
Colliereunty and as Ex-O icio the
Gov�j ir4)Board of the C ier County
Wat�r-S�wer District
BY: r 0710140
DONNA FIALA,Chairman
j
ATTEST:
DWI G T E.BROOCCK, Jerk
Prin:*' Q re__�2 Cori t" Deputy.Cle[r,lc
r;% 135 W V'S�a},tit ik. :
Approv s tg.�orm n le lityitt +7
JENNIFE LPEDIO,Assist County Attorney �N
Date: Date:
q \le \ (_P 61)\
Stewart Title Company
Tammy Taylor,Closing Officer
Date:
05
,,„ 0
16E6
MUNICIPAL LIEN SEARCH HOLD HARMLESS AGREEMENT
Zoning and Building Code Compliance,Pending Code Enforcement Violations and liens,Permits,
Taxes,Utility Department Balances,Municipal Lien Assessments
RE: File No.: 01206-53139
Borrower: Board of County Commissioners of Collier County,Florida,as the Governing
Body of Collier County and as Ex-Officio the Governing Board of the Collier
County Water-Sewer District
Seller: Agata Maggio
Property Address: 512 103rd Ave.N
Naples,FL 34108
It is hereby agreed and understood by the parties signing below that neither Stewart Title Guaranty
Company, nor Stewart Title Company have assumed any duty to, nor performed any searches to
ascertain whether the property, the improvements located hereon or any proposed use of the property,
complies with applicable City or County Building and Zoning Codes, including, but not limited to,Collier
County Ordinances, nor to ascertain the existence of any pending code enforcement issues and liens,
taxes,utility department balances,municipal lien assessments and/or permits including matters disclosed
by any inspection or deficiency report required by the aforesaid ordinance. It is hereby further agreed and
understood by the parties signing below that no insurance coverage regarding any Zoning and Building
Code Compliance, Pending Code Enforcement Violations and liens, Permits, Taxes, Utility Department
Balances, Municipal Lien Assessments is being provided by any title policy issued in connection herewith
and neither Stewart Title Guaranty Company nor Stewart Title Company is responsible for any fees,costs
or expenses arising from the existence of any Zoning and Building Code Compliance, Pending Code
Enforcement Violations and liens, Permits, Taxes, Utility Department Balances, Municipal Lien
Assessments, if any, including fees, costs or expenses incurred in complying with any City or County
Building and Zoning Code Compliance, Pending Code Enforcement Violations and liens, Permits,Taxes,
Utility Department Balances, Municipal Lien Assessments.As any Building and Zoning Matter, including
Zoning and Building Code Compliance, Pending Code Enforcement Violations and liens, Permits,Taxes,
Utility Department Balances,Municipal Lien Assessments,if any may seriously affect the Buyer's use and
enjoyment of the property and entail substantial financial consequences, the Buyer is urged to seek the
advice of counsel and/or conduct further due diligence regarding these matters.
It is further agreed and understood that all parties hereto indemnify and hold harmless Stewart Title
Guaranty Company and its agent from any fees, costs or expenses arising from the existence of any
Zoning and Building Code Compliance, Pending Code Enforcement Violations and liens, Permits,Taxes,
Utility Department Balances,Municipal Lien Assessments,if any.
Sellers and buyers acknowledge that this indemnification and hold harmless agreement is a material
consideration and inducement to Stewart Title Company to close the sale on and for Stewart Title
Guaranty Company to insure the title to the above described property and that no coverage for said
Zoning and Building Code Compliance, Pending Code Enforcement Violations and liens, Permits,Taxes,
Utility Department Balances,Municipal Lien Assessments is provided bya owners title insurance policy.
In witness whereof the parties have executed this Agreement this to 4-1,1
day of o54.1:
Board of County Commissioners of Collier
County,Florida,as the Governing Body of
Collier unty and as Ex-O icio the
Gove i Board of the C er County
Wat er District
11,141112
BY:
DONNA FIALA,Chairman
ATTEST
D I T K Jerk c
Pr nt: .Sq.Cj -virion,:-Qe.R.U(YCC rtt t j i i last';p
e a "'EHx:,f."
Appro as,{4,rm ., . le ty .+cy„�.u,., 'dilly.
JENNI ELPEDIO,Assis ounty Attorney N.
File No.: 01206-531390
1 6 E 6'
,.
COMPLIANCE AND TAX PRORATION AGREEMENT
File Number: 01206-53139 `
Date: O (4 \\(.!)
Sellers: Agata Maggio
Buyers: Board of County Commissioners of Collier County,Florida,as the Governing Body of
Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer
District
Closing Agent: Stewart Title Company
Property: 512 103rd Ave.N,Naples,FL 34108
We, the undersigned Seller(s) and Buyer(s) of the above captioned property, hereby acknowledge that
the following are conditions regarding the transfer of the above captioned property:
1. That all contingencies set forth in the Contract for Sale have been complied with.
2. That all utility bills (and condominium assessments, if applicable) including, but not limited to
water, sewer, gas, garbage and electric are the responsibility of the parties involved in this
transaction and not that of the closing agent, Stewart Title Company.All matters in regard to the
said matters will be handled outside of closing even if such matters appear on the closing
statement.
3. That each party will fully cooperate with each other to adjust for clerical errors on any or all closing
documentation, if deemed necessary. In addition, to cooperate fully with Stewart Title Company
and/or the lender to complete and/or correct any documents required to complete the transaction
and/or sale of the loan to HUD,VA,FNMA or private lender.
4. Sellers acknowledges that the pay-off statements received by Stewart Title Company from current
mortgagees may be subject to said mortgagee's final audit after receipt of pay-off funds resulting
in a demand by said mortgagee for additional funds and Seller upon request agrees to forward
said funds forthwith.
5. That the proration of taxes as shown by the closing statement of this date has been made on the
basis of:
El Taxes for the previous year, assuming the same exemptions to be allowable for the
current year. Seller and Buyer are responsible for verifying any applicable exemptions.
❑ The actual tax bill for the current year,therefore the proration is final.
❑ No tax proration has been made.
That it is understood by the Buyer(s)and Seller(s)with respect to the tax proration that they shall
have the option to reprorate the property taxes upon receipt of the final tax bill. This adjustment
will be made directly between the parties, and not through the offices of Stewart Title Company
nor will the title company be responsible for any collections of fees from either party.
Any proration of solid waste assessment shall be completed by closing agent, if applicable. Any
discrepancy due to the fact of continuous changes by the property tax office will be the sole
responsibility of the parties.
NOTE: Buyer is responsible to pay the current year's taxes whether a bill is received from the Tax
Collector's office in November or not. It is Buyer's responsibility to contact the local Tax Collector's office
to secure a bill to pay so as not to be delinquent. This will not be the case if taxes are collected for and
paid at the time of closing by Stewart Title Company.
All parties understand and agree that should Stewart Title Company have to hire an attorney for
enforcement of any of the aforesaid conditions in this transaction,said parties shall be responsible for any
attorney's fees, court costs and other costs incurred by title company or lender in order to enforce the
obligation herein.
Board of County Commissioners of Collier
County,Florida,as the Governing Body of
Collier•i my and as Ex-Officio the
Gover •Board of the Col r County
Wate er District
BY: l I"
DONNA FIALA,Chairman
ATTEST:
D E.BROCK,C rk
Pri t: CaraCi4-net Deputy Clec
, , ..A: -414t+i+ni
. ic (an's.
ApI F2 tof an.ro•galittr:ig§nzti e only.
JEN BELPEDIO,A"`ant County Attorney
File No.: 01206-53139
8/29/2016 3.11 56 PM
`F�wr,a'ko OMB Approval No 2502-0265
a* A. Settlement Statement(HUD-1)
4.4*cagy'•'+cava'
B.Type of Loan
1❑FHA 2.❑RHS 3.❑Cony.Unins 6 File Number. 7.Loan Number: 8 Mortgage Insurance Case Number
4❑VA 5.0 Cone Ins 0 Other 01206-53139
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"(POC)"were paid outside the closing;they are shown here for informational purposes and are not included
in the totals.
D.Name&Address Board of County Commissioners of Collier County,Florida,as the Governing Body of Collier County and as Ex-Officio the
of Borrower: Governing Board of the Collier County Water-Sewer Distract,3335 Tamiami Trail E Ste 101,Naples,FL 34112
E.Name&Address Agate Maggio
of Seller:
F.Name&Address
of Lender:
G.Property Location: 512 103rd Ave.N Naples,Florida 34108
Lot 28,Block 40,Naples Park,Unit 6,Collier County,Florida
62835920005
Lot 28 Naples Park Unit 6 Block 40
H.Settlement Agent: Stewart Title Company,4910 North Tamlami Trail,Suite 120,Naples,FL 34103,(239)262-2163
Place of Settlement: 4910 North Tamiami Trail,Suite 120,Naples,FL 34103
I.Settlement Date: 9/7/2016 Proration Date: 9/7/2016 Disbursement Date: 9/7/2016
J.Summary of Borrower's Transaction K.Summary of Seller's Transaction
100. Gross Amount Due from Borrower 400. Gross Amount Due to Seller
101. Contract sales price $319,000.00 401. Contract sales price $319,000.00
102. Personal property 402. Personal properly
103. Settlement charges to borrower(line 1400) $2.291.78 403.
104. 404.
105. 405.
Adjustments for items paid by seller In advance Adjustments for items paid by seller in advance
106. City/town taxes 406. City/town taxes
107. County taxes 407. County taxes
108. Assessments 408. Assessments
109. Solid Waste 9/7/2016 to 10/1/2016 $12.35 409. Solid Waste 9///2016 to 10/1/2016 $12.35
110. 410.
111. 411.
112. 412.
120. Gross Amount Due from Borrower $321,304.13 420. Gross Amount Due to Seller $319,012.35
200. Amounts Paid by or In Behalf of Borrower $00. Reductions in Amount Due to Seller
201. Deposit or earnest money 501. Excess deposit(see instructions)
202. Principal amount of new loan(s) 502. Settlement charges to seller(line 1400) $30,797.77
203. Existing loan(s)taken subject to 503. Existing loan(s)taken subject to
204. 504. Payoff of first mortgage loan
205. 505. Payoff of second mortgage loan
206. 506.
207. 507.
208. 508.
209. 509.
Adjustments for items unpaid by seller Adjustments for items unpaid by seller
210. City/town taxes 510. City/town taxes
211. County taxes 1/1/2016 to 917/2016 $1,877.48 511. County taxes 1/1/2016 to 9/7/2016 $1,877.48
212. Assessments 512. Assessments
213. 513.
214. 514.
215. 515.
216. 516.
217. 517.
218. 518.
219. 519.
220. Total Paid byffor Borrower $1,877.48 520. Total Reduction Amount Due Seller $32,675.25
300. Cash at Settlement from/to Borrower 600. Cash at Settlement to/from Seller
301. Gross amount due from borrower(line 120) $321,304.13 601. Gross amount due to seller(line 420) $319,012.35
302. Less amounts paid by/for borrower(line 220) ($1,877.48)602. Less reductions in amount due seller(line 520) ($32,675.25)
303. Cash®From oTo Borrower $319,426.65 803. Cash ra Too From Seller $286,337.10
The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting,reviewing,and reporting the data. This agency may not
collect this information,and you are not required to complete this form,unless it displays a currently valid OMB control number. No confidentiality is assured;this disclosure
is mandatory. This is designed to provide the parties to a RESPA covered transaction with information during the settlement process.
Previous editions are obsolete Page 1 HUD-1
8/29/2018 3 11.56 PM File Number 01208-53139
SUBSTITUTE FORM 1099 SELLER STATEMENT- The information contained In Blocks E,G,H and I and on line 401(or, if line 401 is asterisked.linos 403 and 404).408.407
and 408-412(applicable part of buyer's real estate lax reportable to the IRS)Is important tax information and is being furnished to the Internal Revenue Service If you are
required to file a return.a negligence penally or other sanction will be imposed on you if this item is required to be reported and the IRS determines that 9 has not been reported. (�A.a!�
SELLER INSTRUCTION- If this real estate was your principal residence,file form 2119.Sale or Exchange of Principal Residence,for any gain,with your income tax return,
for other transactions,complete the applicable parts of form 4797.Form 8252 and/or Schedule 0(Form 1040).
You are required to provide the Settlement Agent with your correct taxpayer identification number.
If you do not provide the Settlement Agent woh your correct taxpayer Identification number,you may be subject to Gvil or criminal penalties.
Agate Maggio
•
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L.Settlement Charges
700, Total Real Estate Broker Fees based on price$319,000.00 la 6.000000%_$19,140.00 Paid From Paid From
16f
Division of commission(line 700)as follows: Borrower's Seller's M
701. $9,570.00 to John R.Wood Properties Funds at Funds at
702. $9,570.00 to John R.Wood Properties Settlement Settlement
703. Commission paid at settlement$19,140.00 $19,140.00
704. Administration Fee to John R.Wood Properties $295.00
800. Items Payable In Connection with Loan
801. Our origination charge (from GFE#1)
802 Your credit or charge(points)for the specific interest rate chosen (from GFE#2)
803. Your adjusted origination charges (from GFE A)
804. Appraisal fee (from GFE#3)
805. Credit report (from GFE#3)
806. Tax service (from GFE#3)
807, Flood certification (from GFE#3)
808.
900. Items Required by Lender to Be Paid in Advance
901. Daily interest charges from (from GFE#10)
902, Mortgage insurance premium for (from GFE#3)
903. Homeowner's insurance for (from GFE#11)
904.
905.
1000.Reserves Deposited with Lender
1001. Initial deposit for your escrow account (from GFE#9)
1002.Homeowner's insurance
1003.Mortgage insurance
1004.City property taxes
1005.County property taxes
1006.
1007.
1008.
1009.Aggregate Adjustment
1100.Titie Charges
1101.Title services and lender's title insurance (from GFE#4) $400.00
1102.Settlement or closing fee to Stewart Title Company $550.00
1103.Owner's title insurance to Stewart Title Company (from GFE#5) $1,670.00
1104. Lender's title insurance to Stewart Title Company
1105.Lender's title policy limit
1106.Owner's title policy limit$319,000.00
1107.Agent's portion of the total title insurance premium to Stewart Title Company $1,169.00
1108.Underwriter's portion of the total title insurance premium to Stewart Title Guaranty Company $501.00
1109.OIR Title Surcharge to Stewart Title Company $3.28
1110.Additional Search Fee for Closing Services to Stewart Title Company $50.00
1111.Attorney's Fees to Jane Yeager Cheffy,P.A. $3,550.00
1112.Tax&Lien Search Fee
1113.Search Fee(Pre-paid)to Stewart Title Company $400.00
1114.Credit for pre-paid Search Fee to Stewart Title Company ($400.00)
1115.HOA Reimbursement
1116.Overnight Fee to Jane Yeager Cheffy,P.A. $106.00
1117.Copies/Fax/Scan/Postage/Courier Fee to Jane Yeager Cheffy,P.A. $65.00
1200.Government Recording and Transfer Charges
1201.Government recording charges (from GFE#7)
1202.Deed Mortgage Releases $18.50
1203.Transfer taxes (from GFE#8)
1204.City/County tax/stamps
1205.State tax/stamps Deed$2,233.00 $2,233.00
1206.Record Continuous Marriage Affidavit to Clerk of Court $18.50
1207.Record Death Certificate to Clerk of Court $10.00
1233.Intangible Tax
1234.Release from Federal Estate Tax to Clerk of Court $10.00
1300.Addltional Settlement Charges
1301.Required services that you can shop for (from GFE#8)
1302.Water#03300484600 to Board of County Commissioners $159.57
1303.Reimbursement of Recording Fee to Jane Yeager Cheffy,P.A. $65.70
1304.Removal of all contents from interior home/garage to Michael Vesci $295.00
1305.Forms 706NA&8971/Consulting Fee to Clifton,Larson&Allen,LLP $4,850.00
1306.
1400.Total Settlement Charges(enter on lines 103,Section J and 502,Section K) $2,291.78 $30,797.77
Items marked"POC"were paid outside the closing by:Borrower(POCB),Lender(POCL),Mortgage Broker(POCM),Other(POCO),Real Estate Agent(POCR),or Seller(POCS).
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CERTIFICATION:
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.The Settlement Agent does not warrant or
represent the accuracy of information provided by any party,including information concerning POC items and information supplied by the lender in this transaction appearing onI 1"."'"'-- -
.
this HUD-1 Settlement Statement pertaining to"Comparison of Good Faith Estimate(GFE)and HUD-1 Charges'and-Loan Terms',and the parties hold harmless the
Settlement Agent as to any inaccuracies in such matters.The parties have read the above sentences.recognize that the recitations herein are material,agree to same,and6 t
recognize Title Company is relying on the same
Board of County rrl aioners of Col er Cou ly,Florida,as the Governing Body Agate Maggio
of Collier County and as Ex-Officio g Board of County
Water-Sewer District
To the best of my knowledge,the HUD-1 Settlement Statement which I have prepared is a true and accurate account of the funds which were received and have been or will be
disbursed by the undersigned as part of the settlement of this transaction.
Tammy Taylor Date
WARNING: II is a crime to knowingly make false statements to the United States on this or any other similar form.Penalties upon conviction can include a fine and
imprisonment.For details see.Title 18:U S.Code Section 1001 and Section 1010,
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16E6
�<;
"' " Memorandum
TO: Minutes & Records Management
FROM: Deborah Goodaker
Property Acquisition Specialist
Real Property Management
DATE: September 20, 2016
RE: Public Utilities — Basin 101
Acquisition from Maggio
Agenda Item 16E6, May 10, 2016
Item 16E6 was approved on the May 10, 2016 Agenda, for the Agreement for Sale and
Purchase. Because this was an international sale, the closing was handled by Stewart Title
Company on September 7, 2016, who forwarded the original Warranty Deed to the Clerk for
recording and as requested, returned the recorded Warranty Deed to Real Property
Management.
The original/recorded Warranty Deed was received by Real Property Management today.
Accordingly, we now attach the original document for safekeeping; request that you please
have it placed in the BMR Real Property folder: Basin 101 Wastewater System Rehab; and
confirm that this has been completed via email to: deborahgoodaker(a�colliergov.net.
Please contact me (x8922) if you have any questions or comments.
Thank you.
16E6
INSTR 5310575 OR 5312 PG 1330
RECORDED 9/9/2016 12:08 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC@.70$2,233.00 REC$18.50
C' Prepared without opinion CONS$319,000.00
cr}or review of title by:
z M ,Jane Yeager Cheffy
O6Attorney at Law
[1-1 _Jane Yeager Cheffy,P.A.
_4.74
N m')2375 Tamiami Trail North Suite 310
r ] Naples,FL 34103
3 « w 239-263-1130
rn File Number: 19.16077
C11:316 Parcel Identification No.62835920005
Z Consideration: $319,000.00
[Space Above This Line For Recording Data]
a Warranty Deed
THIS INDENTURE made this 7th day of September, 2016 between Agata Maggio, a single woman whose
post office address is 1038 Parent Avenue,Windsor,Ontartio, N9A 2E5, Canada of the Country of Canada,
Province of Ontario, Grantor, and Board of County Commissioners of Collier County, Florida as the
Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-
Sewer District whose post office address is 3335 Tamiami Trail East, Suitre 101, Naples, FL 34112 of the
County of Collier, State of Florida, Grantee,
WITNESSETH: That said Grantor, for and in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00)and other good and valuable considerations to said Grantor in hand paid by said Grantee,the
receipt whereof is hereby acknowledged,has granted,bargained,and sold to the said Grantee,and Grantee's heirs
and assigns forever,the following described land,situate,lying and being in Collier County Florida,to-wit:
Lot 28,Block 40,Naples Park Subdivision,Unit No.6,according to the plat thereof,
recorded in Plat Book 3,Page 15,of the Public Records of Collier County,Florida.
SUBJECT TO: easements, restrictions, reservations, limitations and conditions of record,
which are common to the subdivision, applicable zoning ordinances and ad valorem taxes accruing
subsequent to December 31,2015.
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 it is lawfully seized of said
land and improvements in fee simple;that it has good right and lawful authority to sell andconvey said land;that
it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons
whomsoever.
("Grantor" and"Grantee"are used for singular or plural,as context requires.)
Warranty Deed(Statutory Form)-Page 1
16E6
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
Witnes ame: -:j t+4 ILA L u,v-., Aga aggio
# A-13 ' , .
Witness ame: e p/4 C. LiL;ar i
f
Country of Canada
Province of Ontario
4.
The foregoing instrument was acknowledged before me this 30' day of /1111'1(6/
, 2016 by Agata
Maggio,who L] is personally known or L]has produced a drivericense as i� j cation.
[Notary Seal] / 1V//f es'. '
Printed Nam . 7ceL C. 0/d/'J I
.
•M • y Commission Expires: f 79..(�r6lCrS 9°fitt
•— VR. .
rY
Warranty Deed(Statutory Form)-Page 2