Backup Documents 05/24/2011 Item #16B316B 3
RIGHT OF FIRST REFUSAL AGREEMENT
THIS RIGHT OF FIRST REFUSAL AGREEMENT (hereafter "Agreement), dated
and effective as of the 2 #tom day of M!N , 2011, is made by
and between the Collier County Community Redevelopment Agency (the "Owner's and
Bayshore CAPA Center, Inc.
RECITALS:
The Collier County Community Development Agency owns certain property as more
particularly described in Exhibit A attached hereto and incorporated by this reference,
located in Collier County, Florida (hereafter "the Property").
The Owner desires to give, grant, bargain, sell, and convey to Bayshore CAPA
Center, Inc. certain rights to purchase the Property under the terms and subject to the
conditions set forth herein.
Accordingly, for the good and valuable consideration of One Hundred Dollars and
No /100 ($100), the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. Right of First Refusal. During the term of this Agreement, before Owner may
sell the Property to a third party in conformity with Fla. Stat. §163.380(3)(a), Owner
shall first offer the Property to Bayshore CAPA Center, Inc. under the same terms and
conditions as are offered by the third party. Bayshore CAPA Center, Inc. shall have
sixty (60) days during which to accept said offer. If Bayshore CAPA Center, Inc. does
not accept said offer within said period, Owner shall be free to accept the third party
offer. In the event of either Bayshore CAPA Center, Inc.'s acceptance or rejection of a
third party offer, Fla. Stat. §163.380(3)(a) shall be followed. It is expressly understood
that it is possible that Bayshore CAPA Center, Inc. may exercise this right of first refusal
and may not be the ultimate purchaser of the Property as a result of full Fla. Stat.
§163.380(3)(a) compliance.
2. Assignment. No party may assign this Agreement without the consent of the
other party.
3. Term of Agreement. This Agreement shall remain open and valid for a period
of one year (365) days from the date of the last signature being placed upon the
Agreement.
1 of 3
Ma
4. Severabilfty of Provisions. Each provision of this Agreement shall be
considered severable, and If for any reason any provision that is not essential to the
effectuation of the basic purposes of the Agreement is determined to be invalid and
contrary to any existing or future law, such invalidity shall not Impair the operation of or
affect those provisions of this Agreement that are valid.
S. No Continuing Waiver. None of the parties hereto shall be deemed to have
waived any rights hereunder unless such waiver shall be in writing and signed by such
party. The waiver of any parry of any breach of this Agreement shall not operate or be
construed to be a waiver of any subsequent breach.
6. Governing Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of Florida and the venue for any actions based
upon the Agreement shall be Collier County Circuit or County Court, as appropriate.
7. Renewal Option. With sixty (60) days written notice, Bayshore CAPA Center,
Inc. may request a one -year extension subject to CRA Board approval.
IN WITNESS WHEREOF, the parties have executed this Right of First Refusal
Agreement as of the day and year first above written.
ATTEST:`.,. pCsa,g'
DWIGkO� E � ` BIrOCK; .CLERK
' ..
I_
V r Depu
AttW AS " '
Agnat" ist"Is
� n
Signature
Printed/Typed Name
(
i at re
�iLY�f��C e r SA+Y`�;
Printed/Typed Name
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By: _ 4.1-o
JI OLETTA, Chairman
BAYSHORE CAPA CENTER, INC.
By: ccx,lai
Si6natdfe
2of3
Printed(4,/Typed Name
Printed/Typed Title
C
in,pprovec as to for7r,
eFio legal suffi6ency:
Steven T Williams 54�21111
Ass'stant County Attorney
Attachment: Exhibit A - Legal (DcscriQtic)fl
I-CRA-00048\6
of 3
16B 3
EXHIBIT "A"
LEGAL DESCRIPTION:
16B 3
A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL I
THE WEST 425 FEET OF LOT 109, NAPLES GROVE AND TRUCK COS LITTLE FARMS No. 2, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 27A, LESS THE EAST 200 FEET AND THE
WEST 25 FEET THEREOF, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PARCEL2
THE EAST 200 FEET OF THE WEST 425 FEET OF LOT 109, NAPLES GROVE AND TRUCK CO'S LITTLE
FARMS No. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 27A, PUBLIC
RECORDS OF COLLER COUNTY, FLORIDA. TOGETHER WITH AN INGRESS AND EGRESS EASEMENT
ACROSS THE NORTH 30 FEET OF THE EAST 200 FEET OF THE WEST 225 FEET OF LOT 109, NAPLES
GROVE AND TRUCK COS LITTLE FARMS No.2
PARCELS
ALL OF LOT 108, LESS AND EXCEPTING THE NORTH 273.44 FEET OF THE WEST 425 FEET AND THE
KELLY ROAD RIGHT -OF -WAY, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS No. 2, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 27A, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;
TOGETHER WITH
ALL OF LOT 109, LESS AND EXCEPTING THE WEST 425 FEET AND THE KELLY ROAD RIGHT -OF -WAY,
NAPLES GROVE AND TRUCK COS LITTLE FARMS No. 2, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1, PAGE 27A, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
AND
PARCEL A, LAKESIDE MOBILE ESTATES, IN ACCORDANCE WITH AND SUBJECT TO THE PLAT
RECORDED IN PLAT BOOK 9, PAGE 99, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
16B 3
RIGHT-OF-ENTRY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
a political subdivision of the State of Florida.. who post office. address is 3299 Tamiami Trail East. Naples. Florida 34112
its successors assigns, or agents hereinafter known as "Grantee" for and in consideration of Ten Dollars ($10 00) and
other valuable consideration to them in hand paid do hereby grant unto Bayshore CAPA Center , whose post office
address is 4069 Bayshore Drive. Naples Florida 34112 . hereinafter known as "Grantee" and its agents, architects .
engineers and contractors, the temporary license and right to enter upon the rands of the Grantor., as described in Exhibit
4, which is attached hereto and made a part hereof . for non - destructive inspection and assessment of the property
ALt. RIGHT AND PRIVILEGE herein granted shall ren!ain m full force and effect until terminated in wnbng by the
Grantor their successors and assigns on the lands of the Grantor descroed in Exhibit `A This Right of Entry shall
c f'^ natf 365 days after the last signature is placed on thss dor.ument
ADDITIONALLY the nghts and interest granted hereunder are conditioned upon the reasonable exercise thereof
oy Grantee Grantee agrees not to unreasonably interfere with Grantor's use of the lands described in Exhibit "A" and
agrees !r: nrnvide Grantor with advance eotice when cxprosrir rts rights hereunder
IN WITNESS WHFRFOF the Grantee has caused these presents to be executed in their name this
..7} N day of _ A4A 2011
r
COLLIER COUNTY COMMUNITY
REDEVELOPMEN i�GENC
Kv
tj COletta-C lt�al rm an ,
GRANTEE
BAYSHORE CAPA CENTER, INC. a
Florida not - for - profit corporation
Printed Name BY
l _1 �.it, /•/C_V
i ice'_ //. .' 4 AT
f Prin- ted Na_me
Approved as to form and
Legal sufficiency
Steven T. Williams
Assistant County Attorney }4(0 %\"
Print d Name
Tithe
168 3
EXHIBIT "A"
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCELI
THE WEST 425 FEET OF LOT 109, NAPLES GROVE AND TRUCK COS LITTLE FARMS No 2, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 27A, LESS THE EAST 200 FEET AND THE
WEST 25 FEET THEREOF, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA.
PARCEL2
THE EAST 200 FEET OF THE WEST 425 FEET OF LOT 109, NAPLES GROVE AND TRUCK COS LITTLE
FARMS No. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 27A, PUBLIC
RECORDS OF COLLER COUNTY, FLORIDA. TOGETHER WITH AN INGRESS AND EGRESS EASEMENT
ACROSS THE NORTH 30 FEET OF THE EAST 200 FEET OF THE WEST 225 FEET OF LOT 109, NAPLES
GROVE AND TRUCK COS LITTLE FARMS No.2
PARCELS
ALL OF LOT 108, LESS AND EXCEPTING THE NORTH 273.44 FEET OF THE WEST 425 FEET AND THE
KELLY ROAD RIGHT -OF -WAY, NAPLES GROVE AND TRUCK COS LITTLE FARMS No. 2, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 27A, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;
TOGETHER WITH
ALL OF LOT 109, LESS AND EXCEPTING THE WEST 425 FEET AND THE KELLY ROAD RIGHT -OF -WAY,
NAPLES GROVE AND TRUCK COS LITTLE FARMS No. 2, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1, PAGE 27A, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
AND
PARCEL A, LAKESIDE MOBILE ESTATES, IN ACCORDANCE WITH AND SUBJECT TO THE PLAT
RECORDED IN PLAT BOOK 9, PAGE 99, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.