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Agenda 03/23/2010 Item #16D 5 Agenda Item No. 1605 March 23, 2010 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve an Amendment to the Real Estate Conveyance Agreement (Amendment) with the David Lawrence Mental Health Center, Inc. for conveyance of a portion of County owned land located at 425 1st Street North, Immokalee, at no additional cost to the County. OBJECTIVE: To approve and have the Chairman execute the Amendment extending the timeframe for the Due Diligence period agreed upon in the Real Estate Conveyance Agreement (Agreement) between the David Lawrence Mental Health Center, Inc. (Center) and Collier County (County). CONSIDERATIONS: On October 27, 2009, Agenda Item #16D11, the Board of County Commissioners (Board) approved the Agreement between the Center and the County for the conveyance of a portion of County owned land located at 425 1 st Street North, Immokalee. The Center presented a portion of their Due Diligence and permitting results to the County. However, additional time is needed to assure that all of the Due Diligence and permitting is in order prior to the transaction being finalized. As a result, staff is presenting this Amendment. The Amendment is to extend the Due Diligence period provided for in the Agreement and to correct the acreage reflected in the Agreement from 1.75 +/- acre to 1.38 +/- acres as confirmed on the Center's Boundary Survey. The Amendment is requesting an additional 120 days of Due Diligence which would culminate on June 24,2010. FISCAL IMPACT: There is no additional fiscal impact as a result of the Amendment. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient-JBW. RECOMMENDATION: That the Board of County Commissioners approves the Amendment and authorizes the Chairman to execute the Amendment. PREPARED BY: Jason Bires, Property Acquisition Specialist, Real Property Management, Department of Facilities Management. Item Number: Item Summary: Meeting Date: Agenda Item No. 1605 March 23, 2010 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D5 Recommendation to approve an Amendment to the Real Estate Conveyance Agreement (Amendment) with the David Lawrence Mental Health Center, Inc. for conveyance of a portion of County owned land located at 425 1st Street North, Immokalee, at no additional cost to the County. 3/23/20109:00:00 AM Date Prepared By Jason Bires Administrative Services Division Property Acquisition Specialist Facilities Management 3/8/201011:34:51 AM Approved By Date Skip Camp. C.F.M. Administrative Services Division Director ~ Facilities Management Facilities Management 3/8/20103:39 PM Approved By Toni A. Mott Administrative Services Division Manager - Property Acquisition & Const M Date Facilities Management 3/8/2010 6:18 PM Approved By Date Jennifer White County Attorney Assistant County Attorney County Attorney 3/9/2010 3:31 PM Date Approved By Marla Ramsey Public Services Division Administrator - Public Services Public Services Division 3/9/20103:49 PM Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 3/11/20104:22 PM Date Approved By Therese Stanley Office of Management & Budget Manager - Operations Support - Trans Office of Management & Budget 3/11/201010:25 PM Approved By Date Jeff Klatzkow County Attorney 3/12/2010 2:34 PM Approved By Mark Isackson Office of Management & Budget Agenda Item No. 1605 March 23, 2010 Page 3 of 5 ManagemenUBudget Analyst, Senior Date Office of Management & Budget 3/13/2010 11 :32 AM Agenda Item No. 1605 March 23, 2010 Page 4 of 5 AMENDMENT TInS AMENDMENT is _live as of. Febnlll1Y 24, 20 I 0, by uwl between COLLIER COUNTY, A POLl11CAL SUBJ>lVISION OF THE STATE OF FLORIA, whose mailing address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter ..ferred to as .County"), and DAVID LAWRENCE MENTAL HEALTH CENTER, INC., a F10rida moe-p",fit . eOl')lOf1ldom, d/b/a DovId J:.awreIIee COllier, wbosc mailing addras Is 6075 Bathey Lane, Naples, FL 34116 (hereinafter referred to as "DLC"). County and DLe entered into that cor1ain Roal EslaIe Conveyance Agreement dated October 27, 2009 (''the Agreement''). SubsoquOllt to en..nnll into the Agreement and punuant to the provisions of tho Ageement, County and DLe wish to ameod Ibe Agreement with the following additional terms and conditions: I. The second plll'llgraph of Section I of the ASreeft1On1; titled .PREMISES" shan be deleted in its entirety and replaced with the following: Ai sh~ on Exhibit "A" attached to this Amcndmen~ the real property to be conwyed is identified as Lot t and contains 1.38 ....,~ &en$ and is to be split off from the 10 +/. acre County owned Puhlic Servic.. facility at this loootiOll. The 1.38 +/- acre parcel ill hereinafter referred ~ as the "Land". A portion of the parking area to be conveyed with the Lime! shan be the subject of & Shared Parking Agreement to be processed at Clos.ing. 2. Section 2 of the Agreement is Amended to provide for a due diligence period of240 days from the approval of the Agreement by the Collier County Board of County Commissionen. IN WITNESS WHEREOF. tho County ana DLC have hereto executed this Aadoodum OIl tho dates ... forth below. AS TO THE COUNTY: DATED: A TrEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY, Fred Coyle. Chairman AS TO THE DLC: DA TED: DAVID LAWRENCE MENTAL HEALTH CENTER; ~. "I~ \ Inc., a Florida non-profit corporation, Wa David _' I. ~, !.M~.~ LaWlence Center Nitne~~~~\\i..tu(~BY'~ ~ ~. ~ (printorT r! p. ~ 71'- 0 4. dY.;-. Pnnt NOIJle, ... 'D... RlC II . SIJE A 171"111 .~ g, ~ Title: 11111#1(,"0 ,1.~~/Pz,.,r Witness (Signawm> ~ .. Name' S-, on- .l> t;" .{;t',i,,Mp#lAddress. 6075 Bothey Lane (Print or Type) Naples,FL 34116 Approved as l<l form and legal sufficiency; Jenni~:O ~ Assistant County Attorney ~!?~ '1-\'1:' pnqi! ~"rqql! ~ ~ ~ -ie-~ ~~did ~n oS: ii. i il .-. C':l i ~ ~ hI. ~ i H !r~ 'ib~EC.-;--_. I on' 5 " . ~ . ~ ~ 0 j. ~;:;:- ,s ~ "'0 ;/ hi ! 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