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Backup Documents 07/27-28/2010 Item #16A35ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16A3P THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE .r Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through 44 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 #I through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) Agenda Date Item was July 27, 2010 Agenda Item Number 16A35 2. signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Agreement CA., eASAI9n.f Number of Original One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached 4. Jennifer White, Asst. Cty. Atty. County Attorney 5. Ian Mitchell, BCC Supervisor Board of County Commissioners 6. Minutes and Records* Clerk of Court's Office N/A *Please scan uadm4kota Barbara Blvd1(Pb. , II) Project No. 62081 in the BMR Real Property Folder. Thank you PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Robert Bosch, ROW Coordinator, Tpt, Eng. Phone Number 252 -5843 Contact appropriate. (Initial) Applicable) Agenda Date Item was July 27, 2010 Agenda Item Number 16A35 Approved roved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Agreement CA., eASAI9n.f Number of Original One Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. 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 by the Office of the County Attorney. This includes signature pages from ordinances, 4��O resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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! 6. The document was approved by the BCC on 07 -27 -10 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.31.09 16A35 MEMORANDUM Date: July 29, 2010 To: Robert Bosch Right -of -Way Coordinator Transportation Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Amendment to Agreement Project #62081 /Santa Barbara Blvd Ph. II Per your request you will find enclosed one copy of each document referenced above (Agenda Item #16A35), adopted by the Board of County Commissioners on July 27, 2010. If you should have any questions, please call me at 252 -8411. Thank you. Enclosures 16A35 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT is made and entered into on this 1-7 rc4 day of �tLY , 2010, by and between DEAN E. WALLS and CYNTHIA S. WALLS, husband and wife, whose mailing address is 1975 Santa Barbara Blvd., Naples, FI 34116 -5445, (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser "). WHEREAS, Purchaser and Owner have previously entered into an Easement Agreement dated April 29, 2010 (hereinafter referred to as the "Agreement "); and WHEREAS, Purchaser and Owner are desirous of amending Paragraph 4 of the Agreement to extend the time for Closing of the transaction up to and including October 29, 2010 and to provide for a further time extension, if required, to be approved by the County Manager or his designee. NOW THEREFORE, in consideration of the mutual covenants and obligations provided within the Agreement dated April 29, 2010 and other valuable consideration, the Agreement is hereby amended as follows: 1. Paragraph 4 of the Agreement is hereby deleted in its entirety and the following provision is substituted in its place: Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall occur by no later than October 29, 2010; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Easement. Such right to extend may be exercised by the County Manager or his designee for an additional term not exceeding ninety (90) days without further Board action. All additional extensions must be Board approved. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. Except as expressly provided herein, the Agreement between Purchaser and Owner 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. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement on the date first above written. AS TO PURCHASER: DATED: C)-? -27' 2_ °c u ATTEST: D T E. B K, Clerk A uly Clerk Amendment To Agreement BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORIDA BY: Lo. FRED W. COYL hairman AS TO OWNER: DATED: Witness (Sign ure) Name (Print or Type) Witness (Sighature) I h� � ones Name (Pfint or Type) Witness ( ign ure) � LU , f_ 4 1 O 1;17 - Name (Print or Type) -1 Witness (Sign ture) �s('J J 001) . Name (Pr (nt or Type) Approved as to form and legal sufficiency: r� Jennife bite Assistant County omey EAN E. WALLS CYNTHIA S. WALLS 16A35