Agenda 04/27/2010 Item #16E 8
Agenda Item No. 16E8
April 27, 2010
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve a Second Amendment to Agreement for Sale and
Purchase (Amendment) with Richard F. Berman for 1.14 acres under the
Conservation Collier land Acquisition Program at no additional cost to the
County.
OBJECTIVE: To amend an Agreement for Sale and Purchase with Richard F. Berman (Seller)
to extend the time for Closing of the transaction for an additional period up to and including June
30, 2010, and to reduce the purchase price.
CONSIDERATIONS: On January 13, 2009, Agenda Item 16E6, the Board of County
Commissioners (County) approved an Agreement for Sale and Purchase (Agreement) with
Richard F. Berman to purchase 1.14 acres for $18,060 for Conservation Collier.
A Quiet Title Suit was initiated by the Seller in order to ensure clear title prior to closing.
On September 15, 2009, Agenda Item 16E6, the County approved an Amendment to
Agreement (Amendment) to extend the time for Closing an additional period of ninety (90) days,
up to and including December 9, 2009. As of December 9, 2009, the Quiet Title Suit was not
completed. However, the Seller asked that the County not terminate the Agreement until the
Quiet Title Suit was completed. The Quiet Title Suit was completed on March 16, 2010 and
staff recommends closing on the property.
In September, 2009, Staff contracted with two independent, state-certified, general real estate
appraisal firms to appraise all parcels within the Red Maple Swamp Preserve Multi-parcel
Project. The appraisers based their analyses on comparable sales from wetland, not upland
parcels, preferably within the Red Maple Swamp Preserve Multi-parcel Project boundaries. The
appraisals provided an averaged appraised value for parcels less than 2.5 acres within the Red
Maple Swamp Preserve Multi-parcel Project at $7,500 an acre.
Seller was made aware of the reduced appraised value for his parcel. Seller has agreed to
accept the reduced purchase price of $8,550 (previously $18,060) for his 1.14 acre parcel within
the Red Maple Swamp Preserve Multi-parcel Project. The net savings to the County is over
$9,500.
The Seller has also requested an additional extension to proceed with Closing, which will occur
no later than June 30, 2010. The remainder of the Agreement remains in full force and affect.
FISCAL IMPACT: There is no additional fiscal impact as a result of this Amendment; actually,
there is a reduction of over $9,500.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. - JBW
RECOMMENDATION: That the Board of County Commissioners approves the Amendment
and authorizes the Chairman to execute same.
PREPARED BY: Cindy Erb, SR/WA, Senior Property Acquisition Specialist, Real Property
Management, Department of Facilities Management
Agenda Item No. 16E8
April 27, 2010
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E8
Recommendation to approve a Second Amendment to Agreement for Sale and Purchase
(Amendment) with Richard F, Berman for 1.14 acres under the Conservation Collier Land
Acquisition Program at no additional cost to the County.
4/27/20109:00:00 AM
Meeting Date:
Prepared By
Cindy M. Erb
Property Acquisition Specialist, Senior
Date
Administrative Services
Division
Facilities Management
4/13/20103:34:33 PM
Approved By
Alexandra J. Suleckl
Environmental Specialist, Senior
Date
Administrative Services
Division
Facilities Management
4/13/20104:04 PM
Approved By
Jennifer White
Assistant County Attorney
Date
County Attorney
County Attorney
4/13/20104:16 PM
Approved By
Skip Camp, C.F.M.
Director - Facilities Management
Date
Administrative Services
Division
Facilities Management
4/13/2010 4:22 PM
Approved By
Melissa Hennig
Environmental Specialist, Principal
Date
Administrative Services
Division
Facilities Management
4113120105:01 PM
Approved By
Toni A. Mott
Manager - Property Acquisition & Const
M
Date
Administrative Services
Division
Facilities Management
4114120107:52 AM
Approved By
Len Golden Price
Administrator - Administrative Services
Date
Administrative Services
Division
Administrative Services Division
4114120101 :59 PM
Approved By
Jeff Klatzkow
County Attorney
Date
4116120104:29 PM
Approved By
Therese Stanley
Office of Management &
Budget
Agenda Item No. 16E8
April 27, 2010
Page 3 of 5
Manager - Operations Support - Trans
Date
Office of Management & Budget
4/19/20102:01 PM
Approved By
Leo E. OChs, Jr.
County Managers Office
County Manager
Date
County Managers Office
4/20/201011:58 AM
Agenda Item No. 16E8
April 27, 2010
Page 4 of 5
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT is entered into this day of
,2010, by and between RICHARD F. BERMAN, whose address is 611 1st
Street SW, Naples, Fl 34117, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a
political subdivision of the State of Florida, its successors and assigns, whose address is 3301
Tamiami Trail East, Naples, Fl 34112, (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, the Purchaser and Seller have previously entered into an Agreement for Sale
and Purchase ("Agreement") dated January 13, 2009 for a certain parcel of land ("Property");
and
" WHEREAS, the Seller has initiated a quiet title suit in the Collier County civil court system
to order to ensure clear title;
WHEREAS, in light of the quiet title suit, the Agreement allowed the closing for the
transaction to occur within two hundred and forty (240) days, up to and including September 9,
2009;
WHEREAS, Purchaser and the Seller have entered into an Amendment to Agreement
extending the closing of the transaction for an additional period of ninety (90) days, up to and
including December 9, 2009 to allow for completion of the quiet title suit;
WHEREAS, the Seller has requested to wait until the quiet title suit was completed;
WHEREAS, the quiet title suit was completed on March 16,2010;
WHEREAS, the Purchaser received new appraisals, and the new purchase price is
substantially lower at $8,550;
WHEREAS, the Purchaser and the Seller are desirous of again amending Agreement, to
extend the time for Closing of the transaction for an additional period, with closing to occur no
later than June 30, 2010; and
WHEREAS, the Purchaser and the Seller are desirous to reduce the purchase price from
$18,060 to $8,550.
NOW THEREFORE, in consideration of the mutual covenants and obligations provided
within the said Agreement dated January 13, 2009 and other valuable consideration, the said
Agreement is hereby amended to set forth a purchase price of $8,550 and to extend the time for
Closing of the transaction to and including June 30, 2010.
Except as expressly amended herein the said Agreement between the Purchaser and Seller
remains in full force and effect according to the terms and conditions contained therein, and said
terms and conditions are applicable hereto except as expressly provided otherwise herein.
Agenda Item No. 16E8
April 27, 2010
Page 5 of 5
IN WITNESS WHEREOF, the Purchaser and Seller have hereto executed this
Amendment the day and year first above written.
AS TO SELLER: 6-
C' 7l/ JJ
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Witness (Print Name)
AS TO PURCHASER: COLLIER COUNTY
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
BY:
FRED W. COYLE, Chairman
APPROVED FOR FORM AND
LEGAL SUFFICIENCY:
~B~J~
Jennifer B. hlte, AssIstant County Attomey
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