Amend 2 to Purchase Agreement - 101FEE PROJECT: 60143
PARCEL(s): 101 FEE
FOLIO(s): 22430001026
SECOND AMENDMENT TO PURCHASE AGREEMENT
THIS SECOND AMENDMENT TO PURCHASE AGREEMENT is made and entered
into this 7._(.4:‘-‘day of Sc ccx,-6 , 2017, by and between SONNY JOSEPH,
a married man (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political
subdivision of the State of Florida (hereinafter referred to as "the County").
WITNESSETH
WHEREAS, the County and Owner entered into a Purchase Agreement with an
effective date of January 11, 2017 for the conveyance of a 28 acre parcel for County's
Immokalee Stormwater Improvement Program Project No. 60143; and
WHEREAS, the aforesaid Purchase Agreement was amended by an Amendment
to Purchase Agreement with an effective date of April 25, 2017 to allow for an extension
of time to clear objections to title to the satisfaction of the County and to extend the
closing date (the Purchase Agreement and Amendment to Purchase Agreement are
attached as Exhibit "A and are hereinafter collectively referred to as "the Agreement");
and
WHEREAS, pursuant to paragraph 3 of the Agreement, Owner shall convey
"marketable title free of any liens, encumbrances, exceptions, or qualifications"; and
WHEREAS, pursuant to paragraph 3(b) of the Agreement, Closing Documents
include "[i]nstruments required to remove, release or subordinate any and all liens,
exceptions and/or qualifications affecting County's enjoyment of the Property; and
WHEREAS, pursuant to paragraph 4 of the Agreement, "[c]losing shall occur
within ninety (90) days of the date of execution" of the Agreement "or within thirty (30)
days of County's receipt of all Closing Documents, whichever is the later"; and
WHEREAS, the County continues to object to certain exceptions and/or
encumbrances set forth in the Commitment for Title Insurance No. 01206-63223 issued
by Stewart Title (hereinafter "title commitment"); and
WHEREAS, the County and Owner desire to increase the purchase price by Ten
Thousand Dollars ($10,000) and further extend the closing date so the County may
•
continue to explore its options with regard to the exceptions and/or encumbrances set
forth in said title commitment.
NOW THEREFORE, in consideration of the covenants and agreements provided within
the Agreement and other good and valuable consideration, the said Agreement is
hereby amended as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference
herein.
2. Purchase Price — The purchase price (the "Purchase Price") for the Property shall
be - -, - - - - • - -e ' • -_ - - - - • - •e. -- - . - • • --
dollars $463,173 (Four Hundred Sixty Three Thousand One Hundred Seventy
Three and 00/100 Dollars (U.S. Currency) payable at time of closing, subject to
apportionment and distribution of proceeds pursuant to Paragraph 9 of this
Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant or funds wire transfer, shall be
full compensation for the Property conveyed.)
3. Paragraph 4 is hereby amended as follows:
The County shall have until August 1 ,2017 June 1, 2018 to continue to explore
its options to resolve the objectionable exceptions and/or encumbrances to its
sole satisfaction. Under no circumstances will Closing occur without the Property
being released at Closing by the ARROWHEAD RESERVE AT LAKE
TRAFFORD PROPERTY OWNERS ASSOCIATION, INC. from the Declaration
of Covenants, Conditions and Restrictions of Arrowhead Reserve at Lake
Trafford, recorded in Official Records Book 3767, pages 3735, et seq., as
amended of the Public Records of Collier County, Florida.
4. All other terms and conditions of said Agreement between the County and Owner
remain unchanged and are in full force and effect. In addition, said terms and
conditions are applicable hereto except as expressly provided herein to the
contrary. This Second Amendment to Purchasing Agreement merges any prior
written and oral understanding and agreements, if any, between the parties with
respect to the matters set forth herein.
5. This Second Amendment shall be presented to the Board of County
Commissioners at a regular meeting in September.
SIGNATURE PAGE TO FOLLOW ON NEXT PAGE
IN WITNESS WHEREOF, Owner and County have executed this Second Amendment
to Purchase Agreement the day and year first above written.
AS TO OWNER:
DATED: 2,
WITNESSES:
MONAlt,z.
(Signature) SONNY JOSEPH
(ts&ar
(Printed Name)
7Le)
(Signature)
SAO r?tj t-'6‘ L4 PLS l«
(Printed Name)
ATTEST:
DWIGHT E. BROCK, CLERK COLLIER COUNTY
DATED: .,, k o_.,0n
A•40 • � � / By: �`
Attest tO' 'CLERK PENNY T OR, CH AN
signature only:
Approved for form and legality:
Jennifer A. Bel stip
Assistant County A torney