Backup Documents 07/10/2018 Item #16B 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16B
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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 County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. County Attorney Office County Attorney Office n 16�'
3. BCC Office Board of County 4K--)VAN
Commissioners TINS/c/ �� I
4. Minutes and Records Clerk of Court's Office n40 6 1( (I `t .(1T "5. Shirley Garcia Bayshore CRA
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 Shirley Garcia / Phone Number (239)643-1115
Contact/ Department `
Agenda Date Item was July 10,2018 V Agenda Item Number 16.B.2
Approved by the BCC
Type of Document Fourth Amendment real estate purchase Number of Original 1
Attached agreement 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? s4"
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 v
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's . SMG
Office and all other parties except the BCC Chairman and the Clerk to the Board XSA:
5. The Chairman's signature line date has been entered as the date of BCC approval of the SMG
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 SMG
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip .-SMG-
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 07/10/2018 and all changes made during SMG
the meeting have been incorporated in the attached document. The County m d t of o
Attorney's Office has reviewed the changes,if applicable. ti'4-
9.
4-9. Initials of attorney verifying that the attached document is the version approved by the 1
BCC,all changes directed by the BCC have been made,and the document is ready for ej . !m
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
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MEMORANDUM
Date: July 12, 2018
To: Shirley Garcia,
Bayshore Gateway Triangle CRA
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Fourth Amendment to Real Estate Purchase Agreement
Attached, is a scanned copy of the original document as referenced above,
(Agenda Item #16B2) was approved by the Board of County Commissioners on
Tuesday, July 10, 2018.
The original has been kept by the Board's Minutes and Records Department to be
kept as part of the Board's Official Records.
If you should have any questions, please contact me at 252-7240.
Thank you
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FOURTH AMENDMENT REAL ESTATE PURCHASE AGREEMENT
THIS FOURTH AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT
("Amendment") is made and entered into this 104.day of July, 2018, by and between Collier
County Community Redevelopment Agency, an agency established by an ordinance of the
Board of County Commissioners of Collier County, a political subdivision of the State of Florida
("Seller"), and Real Estate Partners International,LLC, a Delaware limited liability company
and/or assigns ("Purchaser").
For good and valuable consideration, the receipt, adequacy and sufficiency of which are
hereby expressly acknowledged by the parties, the parties agree that the Real Estate Purchase
Agreement between them approved April 26,2016 and dated May 9,2016,as previously amended
by that certain Amendment to Real Estate Purchase Agreement dated September 27,2016,as well
as by that certain letter agreement dated October 5, 2016 confirming an administrative extension
of the Inspection Period as ratified by Seller on October 11, 2016 and further amended by that
certain Third Amendment to Real Estate Purchase Agreement dated October 25, 2016, and by
letter agreement dated June 19, 2018 (collectively, the"Agreement") is modified in the following
respects:
1. Seller and Crown Castle South, LLC (the "owner of the cell tower" that is the
subject of the conditions in section 9(a)(ix) of the Agreement and the Third Amendment of the
Agreement) are in the process of negotiating an agreement to relocate the cell tower as required
by the Third Amendment to this Agreement. Purchaser and Seller acknowledge that, until
relocated, the cell tower located on the Property will prohibit Purchaser's intended development
of the Property. Accordingly, Purchaser is a named third-party beneficiary to that relocation
agreement. To allow for the tower to be relocated,Section 11.of the Agreement is hereby amended
to extend the closing date to thirty(30)days after last to occur of: (i)the termination of Lease with
the cell tower owner required by the cell tower relocation agreement; (ii)removal of the cell tower
and all related equipment from the Property;and(iii)decommissioning of the cell tower. The time
to satisfy the related condition in section 9(a)(ix) is extended accordingly.
2. It is agreed that the Land Use Entitlement Conditions set forth in section 9(a)(iv)
of the Agreement have been satisfied. All conditions in Section 9(a)other than item(ix)are to be
satisfied at closing.
3. Presently there is $637,295.90 in earnest money deposit in an escrow account
pursuant to the terms of this Agreement. Purchaser and Seller agree that these funds may be
disbursed to the cell tower owner in accordance with the terms of the cell tower relocation
agreement executed by Seller and the cell tower owner. Each party will execute such documents
as the escrow agent requires to release such funds. At closing the Purchaser will be credited, as
appropriate,for the expenditure of such funds against its obligation to bear a share of the cell tower
relocation costs in accord with the terms of the Third Amendment, and the balance toward the
purchase price of the Property. However, if for any reason the closing does not take place due to
the failure to satisfy the tower relocation conditions in section 9(a)(ix) of this Agreement, then
Seller is obligated to promptly refund the amount released back to the escrow from which it was
released.
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4. Except as hereby modified, the Agreement remains in full force and effect.
Executed as of the day and year written below.
SELLER: PURCHASER:
Collier County Community Re- Real Estate Partners International, LLC
Development Agency
1.2.0 lett,
By: By..
Donna Fiala, Chair Je • tarkey,CEO
Dated: Dated: c70 6f Z0/eP
ATTEST:
CRYSTAL K. KINZEL, INTERIM
CLERK
ttest as to Chairmanh" Ci.. . P
signature only.
Approved for form and legality:
•
Jennifer A.A. Be
pC.3? \.4°
.72
Assistant County Attorney
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