Agenda 12/15/2009 Item #16B 7
Agenda Item No. 16B7
December 15, 2009
Page 1 of 24
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to Agreement allowing former owners of a
property purchased by Collier County for the Vanderbilt Beach Road Extension Project
(Parcel 133) the option to further extend their post-closing occupancy of the property for an
additional three month period. Project No. 60168 (Fiscal Impact: Revenue in the amount of
$4,500 will be credited to the gas tax and/or impact fee accounts).
OBJECTIVE: To obtain the Board of County Commissioners' approval of an Amendment to
Agreement that allows the former owners of a property now owned by Collier County (the
"County") the option to further extend their post-closing occupancy of the property for an additional
three (3) months.
CONSIDERATIONS: Mr. and Mrs. Coughlin owned real property located at 780 27th Street NW
in Golden Gate Estates (the "Property"). The County purchased the property in fee simple as part
of the Vanderbilt Beach Road Extension Project (Project No. 60168). As part of the original
negotiated Purchase Agreement, Mr. and Mrs. Coughlin were granted extended occupancy of the
property for an eighteen (18) month period of time post-closing (ending July 31, 2009) to allow
sufficient time for their relocation to a replacement propel1y. The Purchase Agreement provided for
an extension of Mr. and Mrs. Coughlin's occupancy of the property beyond the July 31 st deadline.
Accordingly, on June 23, 2009 as Consent Agenda Item J6B12, the Board approved extending the
Coughlins' occupancy of the property to January 31, 2010 provided that; (I) notice was given in
accordance with the Purchase Agreement; (2) insurance requirements of Paragraph 4 of the
Purchase Agreement had been met and (3) all required sums due County under the terms of the
Purchase Agreement (calculated at $1,500.00 pcr month) werc remitted to County in one advance
lump sum payment.
Mr. and Mrs. Coughlin have again elected to exercise the option for extended possession of the
property beyond the July 31, 2009 deadline. Pursuant to paragraph 4 of the Purchase Agreement,
they have executed an Addendum to Agreement (the "Addendum") extending their occupancy for
an additional three (3) month period (ending midnight on April 30, 2010), The Addendum also sets
forth specific conditions under which a rcfund of the $4,500.00 lump sum payment to County will
be granted. Any such refund will be calculated at a per diem rate of $50.56. A refund will be
granted if the property is rendered un-inhabitable through no fault of Mr. and Mrs. Coughlin (or
their invitees). The Addendum also provides for a refund in the event a replacement property is
found prior to April 30, 2010.
FISCAL IMPACT: This item will generatc revenue in the amount of up to $4,500.00 whieh will
be credited to the gas tax and/or impact fce accounts.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Long Range
Transportation Plan and the Collier County Growth Management Plan.
LEGAL CONSIDERATION: This item has been reviewed and approved by the County
Attorney's Office and is legally sufticient for Board action - JAK.
Agenda Item No, 16B7
December 15, 2009
Page 2 of 24
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1, Approve the attached Amendment to Agreement and authorize the Chairman to execute same on
behalf 0 f the Board; and
2. Authorize the County Manager or his designee to take the necessary measures to ensure the
County's performance in accordance with the terms and conditions of the Amendment to
Agreement.
Prepared by: Deborah Farris, Senior Property Acquisition Specialist, TECM
Attachments: (1) Amendment to Agreement; (2) Fully Executed Purchase Agreement (3)
Amendment to Agreement dated June 23, 2009
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16B7
December 15, 2009
Page 3 of 24
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B7
Recommendation to approve an Amendment to Agreement allowing former owners of a
property purchased by Collier County for the Vanderbilt Beach Road Extension Project
(Parcel 133) the option to further extend their post-closing occupancy of the property for an
additional three month period. Project No, 60168 (Fiscallmpac!: Revenue in the amount of
$4,500 will be credited to the gas tax and/or impact fee accounts),
12/15/20099:00:00 AM
Prepared By
Deborah Farris
Transportation Division
Property Acquisition Specialist, Senior
Transportation Engineering &
Construction Management
Date
11/30/20097:55:57 AM
Approved By
Kevin Hendricks
Transportation Division
Manager - Right of Way
Date
Transportation Engineering &
Construction Management
11/30/20093:22 PM
Approved By
Gary Putaansuu
Transportation Division
Project Manager, Principal
Transportation Engineering &
Construction Management
Date
12/1/200910:18 AM
Approved By
Norm E. Feder, Ale?
Transportation Division
Administrator. Transportation
Date
Transportation Administration
12/1/200911:19AM
Approved By
Lisa Taylor
Transportation Division
Management/Budget Analyst
Date
Transportation Administration
12/1/20091:43 PM
Approved By
Najeh Ahmad
Transportation Division
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
12/1/20091:45 PM
Approved By
Therese Stanley
Transportation Division
Manager - Operations Support - Trans
Date
Transportation Administration
12/1/20092:36 PM
Approved By
Jeff Klatzkow
County Attorney
Date
12/2/2009 1 :46 PM
Agenda Item No. 16B7
December 15, 2009
Page 4 of 24
Approved By
Pat lehnhard
Executive Secretary
Date
Transportation Division
Transportation Administration
12/3/20098:28 AM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
12/3/20091:10 PM
Approved By
Susan Usher
ManagemenUBudget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
12/7/20099:56 AM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget'
12/7/2009 12:51 PM
Agenda Item No. 16B7
December 15, 2009
Page 5 of 24
PROJECT:
PARCEL No(s):
FOLIO No(s):
VBR Extension #60168
133
36865060000
PURCHASE AGREEMENT
(Extended Possession of Improved Property)
THIS PURCHASE AGREEMENT is made and entered into on this II th day of
December , 2007, by and between CHRISTOPHER COUGHLIN and
MARCIA COUGHLIN, husband and wife, whose mailing address is 780 27~ Street NW,
Naples, Florida 34120-1748 (hereinafter referred to as "Seller"), 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, Seller owns certain improved property located at 780 27~ Street NW,
Naples, Florida, and more particularly described as Exhibit "A" which is incorporated
herein by reference, together with all buildings, structures and improvements, fixtures,
built-in appliances, refrigerators, stove, dishwasher, washer, dryer, ceiling fans, floor
coverings and window treatments (hereinafter collectively referred to as "Property"),
free from liens; and
Whereas, Purchaser requires the Property for right-of-way purposes as part of the
Vanderbilt Beach Road Extension Project; and
WHEREAS, Seller desires to remain in possession of the residence and has
requested the right to occupy the premises for a term of eighteen (18) months following
the date of closing, to which request Purchaser has agreed; and
WHEREAS, Seller has agreed to sell and Purchaser has agreed to purchase the
Property subject to the terms and conditions that follow,
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10,00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. AGREEMENT
In consideration of the purchase price and upon the terms and conditions hereinafter
set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the
Property.
2. PURCHASE PRICE
The purchase price (the "Purchase Price") for the Property shall be $725,000,00 (U.S.
Currency) payable at time of closing, Said payment to Owner shall be full
compensation for the Property conveyed, including all structural and site improvements
and fixtures, and all landscaping, trees and shrubs located thereon, and shall be in full
and final settlement of all other costs and expenses incurred by Seller, including but not
limited to moving expenses. Said Purchase Price was agreed upon by the parties
hereto with full consideration having been given to the value of the extended
possession.
None of this Purchase Price is attributable to any personal property.
3. CLOSING
A. The Closing (THE "ClOSING DATE", "DATE OF CLOSING", OR
"ClOSING") of the transaction shall be held on or before one hundred twenty
(120) days following execution of this Agreement by the Purchaser but not later
Le_ rY\C....
Agenda Item No. 16B7
December 15, 2009
Page 6 of 24
than March 7, 2008 unless extended by mutual written agreement of the parties
hereto, The Closing shall be held at the Collier County Attorney's Office,
Administration Building, 3301 Tamiami Trail East, Naples, Florida. Purchaser shall
be entitled to possession as of Closing. unless othel'Vv'ise provided herein. Seller
shall deliver the Property in broom-clean and working condition, and free of all
debris upon vacating the premises.
B, Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications, Marketable title shall be determined according to
applicabte title standards adopted by the Florida Bar and in accordance with law,
At or before the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
1, Warranty Deed in favor of Purchaser conveying title to the Property, free
and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
2, Combined Purchaser-Seller closing statement.
3, A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue the
policy contemplated by the title insurance commitment.
4, A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service,
5, Such evidence of authority and capacity of Seller and its representatives
to execute and deliver this Agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser's
counsel and/or title company.
6, Certificate of insurance pursuant to Section 4L (below).
C. At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
1, A negotiable instrument in an amount equal to Net Cash to Seller on the
Closing Statement. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in "Requirements and Conditions" below, and the
Title Company is irrevocably committed to pay the Purchase Price to
Seller and to issue the Owner's title policy to Purchaser in accordance
with the commitment immediately after the recording of the deed.
2. Funds payable to the Seller representing the Purchase Price shall be
subject to adjustments and pro-rations as hereinafter set forth.
D. Seller, at its sole cost and expense, shall pay at Closing all documentary
stamp taxes due upon the recording of the Warranty Deed, in accordance with
Chapter 201.01, Florida Statutes, unless the Property is acquired under threat of
condemnation, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of a Title Commitment shall be paid by
Purchaser along with the cost of an Owner's Form 8 Title Policy, issued pursuant
to the Commitment provided for in Section 8, "Requirements and Conditions"
(below).
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Seiler's In~iaiS
Page No.2
Agenda Item No, 16B7
December 15, 2009
Page 7 of 24
E, Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller, If Closing occurs at a date which the
current year's millage Is not fixed, taxes will be prorated based upon such prior
year's millage.
F. A Security Deposit in the amount of Five Thousand and NO/100 Dollars
($5,000.00) will be paid out of the Seller's closing proceeds into an interest-
bearing account under Purchaser's control to be held during the Seller's
occupancy in accordance with the provisions of Section 4B (below),
4. OCCUPANCY BY SELLER AFTER CLOSING
A, Seller may occupy the Property for up to eighteen (18) months after closing
(the "Term"). In the event Seller and Purchaser agree to extend the Term, an
additional sum will be required from Seller and shall be calculated by multiplying
the number of months of this Extended Term by a monthly amount of One
Thousand Five Hundred and NO/100 Dollars ($t ,500,00). This Fee must be paid
to the Purchaser in a lump sum, no later than thirty (30) days before expiration of
the initial Term, whereupon Purchaser and Seller shall execute an addendum to
this Agreement memorializing this Extended Term of possession.
B, At Closing, the sum of Five Thousand and NO/tOO Dollars ($5,000.00 ) will
be deposited into an interest-bearing account as security for any damages
suffered by the Property during the Seller's occupancy ("Security Deposit"). The
Security Deposit pius accrued interest will be paid to Seller at the end of its Term
of occupancy, provided there has been no damage to the Property caused by the
negligence or intentional acts of Seller or anyone acting with Seller's knowiedge
and consent. Upon the vacating of the Property, the Purchaser will have twenty
(20) days to return the Security Deposit or give Seller written notice of Purchaser's
intention to impose a claim upon the Security Deposit. In the event Purchaser
intends to impose a claim upon a part of all of the Security Deposit, it will provide
Selier with an explanation of the damage, an estimate of repair and an accounting
of the deposit baiance,
C. When the Property is partly damaged or destroyed by fire or other casualty
not due to Seller's willful or negligent act or that of anyone on the Property with the
knowledge or consent (actual or implied), of Seller, Purchaser will make repair as
soon as reasonably possible, Purchaser shall also be responsible for the repair to
fixtures or appliances in excess of the limit set forth in Section 4F (below),
provided such repair is not necessitated by Seller's misuse, waste or neglect of
the Property, or that of anyone on the Property with Seller's knowledge and
consent (actual or implied), If the Property is rendered un-inhabitable due to fire,
storm or other casualty, then this Agreement shall automatically terminate, with the
sole duty of Purchaser then being to refund to Seller the security deposit, plus
accrued interest. Purchaser shall not be liable for any damage or injury to Seller
and his or her property by reason of any water damage sustained by Seller and his
or her property, or by reason of the breakage, leakage, or obstruction of water and
sewer lines or other breakage in or about the Property.
c..<:.. fl1~
SeIWslnitials
Page No.3
Agenda Item No. 16B7
December 15, 2009
Page 8 of 24
D, Seller agrees to pay all utility services as they come due, including electricity,
telephone, gas, cable television, water, sewer, and solid waste collection, shall
arrange for a final billing and payment of same at the time Seller vacates the
Property, and acknowledges that Purchaser will deduct all such unpaid bills from
the Security Deposit. Seller shall keep the property free from pests and insure that
the air conditioning system is in operation to maintain a reasonable room
temperature until the Seller vacates the property.
E. Seller will use the Property only as its primary residence. Seller is prohibited
from allowing persons, other than its immediate family members, to reside on the
Property.
F. Seller shall maintain the Property, including all Systems and Equipment, in
ctean and working condition at all times. Seller shall use all Systems and
Equipment in a reasonable manner, Seller shall immediately make and pay for all
required repairs to the plumbing, range, heating apparatus, washer-dryer. air
conditioning, refrigerator. dishwasher and electric and gas fixtures, provided the
cost of said repairs does not exceed Ten Thousand Dollars ($10,000,00),
Purchaser reserves the right to enter upon the Property and repair, at the Seller's
expense, all damage or injury to the fixtures and appliances in the event Seller
fails to effect repairs after 10 days' notice. Purchaser's election not to effect
repairs shall not relieve Seller of Its obligation to repair or subject Purchaser to
liability for its election,
G. Seller shall comply with all govemmental regulations concerning the use of
the Property and not permit or suffer any illegal activity or use, or permit to be
made any disturbance, noise or nuisance whatsoever, which would be detrimental
to the peace, quiet and comfort of other persons in the vicinity of the Property, or
affect the insurance risk factor to the Property.
H. Seller shall permit Purchaser's agent or employee to enter the Property at
any reasonable time. upon 24 hours notice, during the term of this Agreement to
inspect the Property or make any needed repairs,
I. Seller will surrender possession of the Property at the expiration of the Term
in as good a condition as of the Effective Date, reasonable wear and tear and acts
of God excepted. Seller shall not be responsible to repair or replace the items or
deficiencies set forth in the allached list marked Exhibit "B", which existed prior to
the Closing.
J. Seller shall not alter or make additions to the Property without the
Purchaser's consent. Seller shall not deface, damage or remove any part of the
Property or permit any person to do so, nor shall any of the appliances listed on
Exhibit "CO be replaced without the Purchaser's consent.
K. DEFAULT, Seller will be deemed in default of this Agreement if Seller
fails to perform any of the covenants, promises or obligations contained in this
Section for a period of ten (10) days after notice of such default. Upon Seller's
default, County may terminate this Agreement upon twenty (20) days wrillen notice
to Seller, re-enter and take possession of the Property, whereupon the term
thereby granted and all rights of Seller to occupy the Property shall terminate, The
Seller shall remain liable for any damage suffered by the Property because of
Seller's breach of any of the covenants of this Agreement, and such termination
shall be without prejudice to the Purchaser's right to collect said damages.
Purchaser and Seller shall have the right to pursue any and all remedies available
under this Agreement or applicable law.
L. Seller shall be required to maintain insurance on the Property during the
entire Term, and any Extended Term, which policy shall include contents coverage
of $100,000, premises liability with limits of $300,000, and loss of use coverage.
Purchaser will be named as an additional insured and the policy premium for the
"'--c {hL.
Se!ler'slllitials
Page No.4
Agenda Item No, 16B7
December 15, 2009
Page 9 of 24
Term of occupancy will be paid in advance at Closing. Seller will be required to
provide a certificate of insurance prior to Closing,
M. The terms and conditions contained in this Section shall survive Closing and
are not deemed satisfied by conveyance of title,
5. PROPERTY CONDITION DISCLOSURES
A. General. Seller represents that Seller knows of no facts or conditions
materially affecting the value of the Property, except those which are readily
observable by Purchaser, or which have been disclosed to Purchaser by Seller in
writing and furnished to Purchaser prior to the Effective Date of this Agreement.
B, Radon Gas. Florida law requires the following disclosure: Radon is a
naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it
over time. Levels of radon that exceed federal and state guidelines have been
found in buildings in Florida. Additional information regarding radon and radon
testing may be obtained from your county heaith department. Seller has no
knowledge of the existence of radon on the Property or any radon mitigation
having been performed on the Property, .
C. Lead Based PainUPaint Hazards, If construction of the residence on the
Property was commenced prior to 1978, Seller is required to complete, and Seller
and Purchaser are required to sign and attach to this Agreement, the addendum
entitled "Lead-Based Paint and/or Lead-Based Paint Hazards Attachment to Sales
Contract: Disclosure of Information and Acknowledgement."
D. Mold, Molds are commonly found both indoors and outdoors. Interior
infestation by certain molds may cause property damage and health probiems for
some persons. Seller has no knowledge of any mold remediation having been
performed on the Property.
E. Warrantv. Except as to any facts or conditions disclosed to Purchaser as
required under Section 5A above, Seller warrants that all major appliances and
equipment; sprinkler, well, septic, heating, cooling, electrical and plumbing and
security systems; major mechanical components; roof (including fascia and
soffits); ceiling; structural walls; foundation; swimming pool, spa and pOOl/spa
deck; seawalls; docks; boat lifts/davits and related electrical and mechanical
components, if any (collectively "Systems and Equipment") are in Working
Condition, "Working Condition"shall mean operating in a manner in which the
Systems and Equipment were designed to operate, The roof, ceiling, interior and
exterior walls, foundation, swimming pool, spa and pool/spa deck, if any, shall be
considered in Working Condition if structurally sound and watertight. Seawalls
and docks, if any, shall be considered in Working Condition if structurally sound.
Seller shall not be required to repair or repiace any Cosmetic Condition.
"Cosmetic Condition" shall mean an aesthetic imperfection which does not affect
the Working Condition of the item, including corrosion; tears; worn spots;
discoloration of floor covering or wallpaper or window treatments; missing or torn
screens; nail holes; scratches; dents; chips; caulking; pitted pool surfaces; minor
cracks in windows, driveways, sidewalks, spa/pool decks and garage, tile, lanai
and patio floors; and cracked roof tiles, curling or worn shingles and limited roof
life, so long as there is no evidence of structural damage or leakage.
6. INSPECTIONS
A. Insoection Period, Purchaser shall have 60 days from the Effective Date
(Inspection Period) to have the Property and improvements thereon inspected at
Purchaser's expense as follows: (a) Systems and Equipment, by an appropriately
Florida licensed inspection company or licensed contractor, and/or (b) radon gas,
by a Florida certified radon measurement technician or specialist, and/or (c) iead-
based paint and hazards, by an EPA-certified lead exposure risk assessor, and/or
L<'" ,"'l.(/
Sellefslllitials
Page NO.5
Agenda Item No. 16B7
December 15, 2009
Page 10 of 24
(d) termites or other wood-destroying organisms, by a certified pest control
operator (collectively the "Inspection Items"), Upon reasonable notice, Seller shall
provide access and utilities service to the Property to facilitate inspections,
8, Election and ResDonse. If any inspection conducted during the Inspection
Period reveals: (1) that any Systems and Equipment are not in Working Condition,
andlor (2) the presence of radon gas at a level in excess of EPA action levels,
andlor (3) the presence of lead-based paint or paint hazards required abatement
under HUD/EPA protocols, andlor (4) the existence of active infestation by
termites or other wood-destroying organisms andlor visible damage caused by
active or past infestation (collectively the "Defective Inspection Items"), Purchaser
shall, within 15 days after expiration of the Inspection Period: (a) notify Seller of
any Defective Inspection Items, and (b) furnish to Seller a copy of the inspection
report(s) documenting the Defective Inspection Items, and (c) notify Seller of
Purchaser's election either to: (i) receive a credit from Seller at closing in lieu of
any repairs, replacements, treatment, mitigation or other remedial action
necessary to bring the Defective Inspection Items into compliance with the relevant
standards set forth above (the "Remedial Action"), or (ii) have Seller take Remedial
Action at Seller's expense prior to closing, If Purchaser elects to receive a credit,
the amount of the credit shall be equivalent to the estimated costs of any
Remedial Action and shall be determined not later than the eariier of Seller"s
Response Deadline, or 1 0 days prior to the Closing. If Purchaser elects (i), Seller
shall not be required to take any Remedial Action, If Purchaser makes no
election, Purchaser shall be deemed to have elected to receive a credit at Closing.
C. Not later than 15 days from receipt of the written notice and inspection
report(s) from Purchaser ("Seller's Response Deadline"), Seller shall notify
Purchaser whether Seller will give Purchaser credit equal to the cost of repairs or
take remedial action, whichever is requested by Purchaser. If Seller refuses
Purchaser's election by the Seller's Response Deadline, then Purchaser may
terminate this Agreement within 10 days of Seller's Response Deadline. If
Purchaser does not elect to so terminate this Agreement, Purchaser is deemed to
have accepted the Property in the condition it existed on the Effective Date, except
that Purchaser retains the rights set forth in Section 6.G. (Walk Through
Inspection) below. If Seller fails to respond by the Seller's Response deadline,
Seller shall be deemed to have accepted Purchaser's election and Purchaser may
receive credit at Closing as set forth above,
D, If Purchaser does not have the Inspection Items inspected, or fails to do so
within the Inspection Period, or fails to timely report any Defective Inspection Items
to Seller, Purchaser shall be deemed to have accepted the Property in the
condition it existed on the Effective Date, except that Purchaser retains the rights
set forth in Section 6.G, (Walk Through Inspection) below.
E. Remedial Action shall be deemed to have been properly performed if (1) the
Systems and Equipment are placed in Working condition (as defined above), (2)
radon gas within the residence on the Property is reduced to below EPA action
levels, (3) lead-based paint and paint hazards on the Property are removed or
contained in accordance with HUDIEPA guidelines, and (4) any active infestation
of termites or other wood-destroying organisms is exterminated or treated, and all
visible damage caused by active or past infestation is repaired or replaced. Seller
shall make a diligent effort to perform and complete all Remedial Action prior to
the Closing Date, failing which a sum equivalent to 150% of the estimated costs of
completing the Remedial Action shall be paid by Seller into escrow at Closing
pending completion.
F. No cost to repair or replace any Systems and Equipment shall exceed the fair
market value of that item if it were in Working Condition. If the costs do exceed
fair market value, than either Seller or Purchaser may elect to pay such excess,
failing which, either party may terminate this Agreement upon written notice.
CCt~._
Seller's Initials
Page No, 6
Agenda Item No. 16B7
December 15, 2009
Page 11 of24
G. Walk-Throuoh Insoection. Purchaser (or a designated representative) may
conduct a walk-through inspection of the Property prior to Closing and prior to
possession, to confirm: (1) completion of any Remedial Action agreed to by Seller
in Section 6.8 "Election and Response" above, (2) that the personai property items
which are being conveyed as part of this Agreement remain on the Properly, (3)
that the personal property items which are not being conveyed as part of this
Agreement have been removed from the Property, and (4) that Seller has
maintained the Properly as required in Sections 3 and 7, Upon reasonable notice,
Seller shall provide access and utilities service to the Property to facilitate the
walk-through inspection.
H. Inspections durino Occupancv, Purchaser may enter upon the Properly with
at least 24-hour notice to Seller for purposes of inspecting the Properly for
compliance with the terms of Section 4 of this Agreement or effecting repairs,
7. RiSK OF LOSS
Seller shall maintain the Property (including without limitation the lawn, shrubbery, and
landscaping) in the condition existing on the Effective Date until Closing or date of
Purchaser's possession, whichever is later, except for ordinary wear and tear and any
Remedial Action agreed to by Seller under Section 68 above. Any future loss and/or
damage to the Property between the Effective Date and the Closing or date of
Purchaser's possession, whichever is earlier, shall be at Seller's sole risk and expense,
except as provided in Section 4.
8. REQUIREMENTS AND CONDITIONS FOR CLOSING
Upon execution of this Agreement by both parties or at such other time as specified
within this Section, Purchaser and/or Seller, as the case may be, shall perform the
following within the times stated, which shall be conditions precedent to the Closing:
A, Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an AL TA Commitment for an Owner's Title Insurance Policy
(ALTA Form 8-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt
of the title insurance commitment, to notify Seller in writing of any objection to title
other than liens evidencing monetary obligations, if any, which obligations shall be
paid at closing, If the title commitment contains exceptions that make the title
unmarketable, Purchaser shall deliver to the Seller written notice of its intention to
waive the applicable contingencies or to terminate this Agreement.
8. If Purchaser shall fail to advise the Seller in writing of any such objections in
Seller's title in the manner herein required by this Agreement, the title shall be
deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall
have thirty (30) days to remedy any defects in order to convey good and
marketable title, except for liens or monetary obligations which will be satisfied at
Closing, Seller, at its sole expense, shall use its best efforts to make such title
good and marketable, In the event Seller is unable to cure said objections within
said time period, Purchaser, by providing written notice to Seller within seven (7)
days after expiration of said thirty (30) day period, may accept title as it then is,
waiving any objection, or may terminate the Agreement
C, Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the Effective Date of this
Agreement Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered Florida
surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack of
c.c. ~
Selle(slllitials
Page No.7
Agenda Item No. 16B7
December 15, 2009
Page 12 of 24
legal access to a public roadway, the Purchaser shall notify the Seller in writing of
such encroachment, projection, or lack of legal access, and Seller shall have the
option of curing said encroachment or projection, or obtaining legal access to the
Property from a public roadway. Purchaser shall have sixty (60) days from the
Effective Date of this Agreement to notify Seller in writing of any such objections,
Should Seller elect not to or be unable to remove the encroachment, projection, or
provide legal access to the property within sixty (60) days from the date of receipt
of said notification, Purchaser, by providing written notice to Seller within seven (7)
days after expiration of said sixty (60) day period, may accept the Property as it
then is, waiving any objection to the encroachment, or projection, or lack of legal
access, or Purchaser may terminate the Agreement. A failure by Purchaser to
give such written notice of termination within the time period provided herein shall
be deemed an election by Purchaser to accept the Property with the
encroachment, or projection, or lack of legal access.
9, TERMINATION AND REMEDIES
A. If Seller shall have failed to perform any of the covenants and promises
contained herein, which are to be performed by Seller, except for those provisions
in Section 4, within fifteen (15) days of written notification of such failure,
Purchaser may, at its option, terminate this Agreement by giving written notice of
termination to Seller, Purchaser shall have the right to seek and enforce all rights
and remedies available at law or in equity to a contract vendee, including the right
to seek specific performance of this Agreement.
B. If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination. and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, except for the terms and conditions in Section 4, provided Seller
is not in default, then as Seller's sole remedy, Seller shall have the right to
terminate and cancel this Agreement by giving written notice thereof to Purchaser,
whereupon $500,00 shall be paid to Seller as liquidated damages which shall be
Seller's soie and exclusive remedy, and neither party shall have any further liability
or obiigation to the other except as set forth in Section 12, Real Estate Brokers,
hereof. The parties acknowledge and agree that Seller's actual damages in the
event of Purchaser's default are uncertain in amount and difficult to ascertain, and
that said amount of liquidated damages was reasonably determined by mutual
agreement between the parties, and said sum was not intended to be a penalty in
nature.
C, The parties acknowiedge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties, and take into account the peculiar risks and expenses of
each of the parties.
D, This Section does not apply to any defaults by Seller of the obligations
contained in Section 4 of this Agreement.
10. SEt.LER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
Seller intends for Purchaser to rely on the representations contained in this Section in
entering into this Agreement and warrants the following:
A. Seller has full right and authority to enter into and to execute this Agreement
and to undertake ali actions and to perform all tasks required of each hereunder,
Seller is not presently the subject of a pending, threatened or contemplated
bankruptcy proceeding.
B, Seller has full right, power, and authority to own and operate the Property,
and to execute. deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith, and to consummate the transaction
c-c...\~
Se:le(slnitials
Page No. 8
Agenda Item No. 16B7
December 15, 2009
Page 13 of 24
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby. At Closing, certified copies of such approvals
shall be delivered to Purchaser andlor Seller, If necessary.
C. The warranties set forth in this Section are true on the Effective Date of this
Agreement and as of the date of Closing, Purchase~s acceptance of a deed to
the said Property shall not be deemed to be full performance and discharge of
every agreement and obligation on the part of the Seller to be performed pursuant
to the provisions of this Agreement.
D. Seller and Purchaser agree to do all things which may be required to give
effect to this Agreement immediately as such requirement Is made known to them
or they are requested to do so, whichever is the earlier,
E. Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or Investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property
that could, if continued, adversely affect Selle~s ability to sell the Property to
Purchaser according to the terms of this Agreement.
F. No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
G. Until the date fixed for Closing or as long as this Agreement remains in force
and effect, Seller shall not encumber or convey any portion of the Property or any
rights therein, nor enter into any agreements granting any person or entity any
rights with respect to the Property or any part thereof, without first obtaining the
written consent of Purchaser to such conveyance, encumbrance, or agreement
which consent may be withheld by Purchaser for any reason whatsoever,
H. Seller represents that they have (it has) no knowledge that any pollutants are
or have been discharged from the Property, directly or indirectly into any body of
water. Seller represents the Property has not been used for the production,
handling, storage, transportation, manufacture or disposal of hazardous or toxic
substances or wastes, as such terms are defined in applicable laws and
regulations, or any other activity that would have toxic results, and no such
hazardous or toxic substances are currently used in connection with the operation
of the Property, and there is no proceeding or inquiry by any authority with respect
thereto, Seller represents that they have (it has) no knowledge that there is ground
water contamination on the Property or potential of ground water contamination
from neighboring properties, Seller represents no storage tanks for gasoline or
any other hazardous substances are or were located on the Property at any time
during or prior to Selle~s ownership thereof. Seller represents none of the
Property has been used as a sanitary landfill.
I. Seller has no knowledge that the Property, andlor that Selle~s operations
concerning the Property, are in violation of any applicable Federal, State or local
statute, law or regulation, or of any notice from any governmental body has been
served upon Seller claiming any violation of any law, ordinance, code or
regulation or requiring or calling atlention to the need for any work, repairs,
construction, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which Seller
has not complied.
J. There are no unrecorded restrictions, easements or rights of way (other than
existing zoning regulations) that restrict or affect the use of the Property, and there
are no maintenance, construction, advertising, management, leasing, employment,
service or other contracts affecting the Property.
~\'\..C--
Seller's Initials
Page No.9
Agenda Item No, 16B7
December 15, 2009
Page 14 of 24
K, Seller has no knowledge that there are any suits, actions or arbitration, bond
issuances or proposals therefore, proposals for public improvement assessments,
pay-back agreements, paving agreements, road expansion or improvement
agreements, utility moratoriums, use moratoriums. improvement moratoriums,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which affects
the Property or which adversety affects Seller's ability to perform hereunder; nor is
there any other charge or expense upon or related to the Property which has not
been disclosed to Purchaser in writing prior to the Effective Date of this
Agreement.
L. Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this Agreement
up to and including the date of Closing, Therefore, Seller agrees not to enter into
any contracts or agreements pertaining to or affecting the Property and not to do
any act or omit to perform any act which would adversely affect the zoning or
physical condition of the Property or its intended use by Purchaser. Seller also
agrees to notify Purchaser promptly of any change in the facts contained in the
foregoing representations and of any notice or propos~d change in the zoning: or
any other action or notice, that may be proposed or promulgated by any third
parties or any governmental authorities having jurisdiction of the development of
the property which may restrict or change any other condition of the Property.
M, Seller represents, warrants and agrees to indemnify, reimburse, defend and
hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall be in
accordance with, but not limited to, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, 42 U.S,C. Section 9601, et seq.,
("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund
Amendment and Reauthorization Act of 1986 ("SARA"), including any
amendments or successor in function to these acts. This provision and the rights
of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by
conveyance of title.
11. NOTICES
Any notice, request, demand. instruction or other communication to be given to either
party hereunder shall be in writing sent by facsimile with automated confirmation of
receipt, or registered or certified mail, return receipt requested, postage prepaid or
personal delivery addressed as follows:
If to Purchaser:
Transportation Engineering & Construction Management
Attn: Kevin Hendricks
Right-of-Way Acquisition Manager
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone 239-252-81 92
Fax 239-530-6643
With a copy to:
Ellen T. Chadwell
Assistant County Attorney
Office of the County Attorney
Harmon Turner Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone 239-774-8400
Fax 239-774-0225
(r~
Seller's Initials
Page No.1 0
Agenda Item No. 16B7
December 15, 2009
Page 15 of 24
If to Seller:
Christogher Coughlin and Marcia Coughlin
780 27 Street NW
Naples, Florida 34120-6316
Telephone: (239) 919-6404
Fax (239) 354-6768
The addressees, addresses and numbers for the purpose of this Section may be
changed by either party by giving written notice of such change to the other party in the
manner provided herein. For the purpose of changing such addressees, addresses
and numbers only, unless and until such written notice is received, the last addressee
and respective address stated herein shall be deemed to continue in effect for all
purposes. Notice shall be deemed given in compliance with this Section upon receipt
of automated fax confirmation or upon on the fifth day after the certified or registered
mail has been postmarked, or receipt of personal delivery.
12. REAL ESTATE BROKERS
Any and all brOkerage commissions or fees shall be the sole responsibility of the Seller
and shall be paid at Closing. Seller shall indemnify Purchaser from and against any
claim or liability for commission or fees to any broker or any other person or party
claiming to have been a procuring clause or engaged by Seller as a real estate broker,
salesman or representative, In connection with this Agreement.
13. MISCELLANEOUS
A. This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
B, This Agreement and the terms and provisions hereof shall be effective as of
the Effective Date and shall inure to the benefit of and be binding upon the parties
hereto and their respective heirs, executors, personal representatives, successors,
successor trustee, and assignees whenever the context so requires or admits.
C, Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties,
D, Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
E, All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
F, No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
G. If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
H, If the Seller holds the Property in the form of a partnership. limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others. Seller shall make a written public disclosure. according to s, 286.23,
cz... yY\..c....
Seller's Initials
Page No. 11
Agenda Item No. 16B7
December 15, 2009
Page 16 of 24
Fla, Stat., under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from the
provisions of Chapter 286, Florida Statutes,)
I. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
J, The Effective Date of this Agreement will be the date of execution of this
Agreement by the last signing party.
K. This Agreement and the exhibits attached hereto contain the entire
agreement between the parties. and there are no promises, representations,
warranties or covenants by or between the parties not included in this Agreement.
No modification or amendment of this Agreement shall be of any force or effect
unless made in writing and executed and dated by both Purchaser and Seller.
L. TIME IS OF THE ESSENCE to this Agreement.
M. Seiler may not assign, sublease, or license any rights arising under this
Agreement without the written consent of the Purchaser.
N. The parties hereto agree and acknowledge that this Agreement is not a lease
but rather a contract for occupancy (extended possession) of the Property as a
condition of sale which is not subject to Chapter 83, Florida Statutes. The parties
do not intend to invoke any of the obligations or remedies contained in Chapter 83,
and the terms and conditions contained herein shall be construed in accordance
with the parties intent and shall be given their plain meaning without reference or
application of s, 83.43, Fla. Stat, or any other portion of Chapter 83.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO PURCHASER:
DATED: 1.1'1 "d-3t)D-:r
ATIEST: . '
DWIGHT E. BROCK, C erk
BY:
JA
a.Co
~~k
,/I
W ness (Signature)
Jld~/d ~.5
N~torTY~1 . ~
4 ~( (~ ~
Itness (Signature)
8C./;)/! Ke.bmA f-fO,,(JI''tl
Name (Print or Type) ..J
/ /
~. ~/_--~
,/ -----
-'CHRIST PHE COUGHLIN
<=-",(VV....
Selle(s:nltials
Page No 12
Witness (Signat~r,)
~ Nztri;:!5
Name (Print or Type)
Approved as to form and
legal sufficiency:
~ry~
Ellen T, Chadwell
Assistant County Attorney
L<- fl".C-
Selll1rslllilillls
~~IO.
MARCIA COUGHLI~
Agenda Item No. 16B7
December 15, 2009
Page 17 of 24
Page No. 13
Agenda Item No. 16B7
December 15, 2009
Page 18 of 24
EXHIBIT "A"
(Legal Description)
TRACT 81, LESS THE SOUTH 165 FEET,
GOLDEN GATE ESTATES, UNIT 6, ACCORDING
TO THE PLAT THEREOF, OF RECORD IN PLAT
BOOK 4, PAGES 93 AND 94, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA
i..L n'\C .
Sel!e(slnit<als
Page No. 14
Agenda Item No, 16B7
December 15, 2009
Page 19 of 24
\
fi?re lei> Il7ltflhO/lf7!(r
If! /Iff 1'- iW exMl7f
EXHIBIT "B"
r:teI!C!rllflf5 )/1 C'Mt-17d
:5>7/7 /l1j
L<...., fY\~
Seller'slnilia~
Page No. 15
Agenda Item No, 16B7
December 15, 2009
Page 20 of 24
EXHIBIT "C"
di)Awflc;h e r - GE /l1&d1f b'S() 3S2'30ZZ3'(;(//{/
I
~ frl1 frfthr- GE - !lfelJflr~ 2tJJ/2/JGW/1/
sfotJ{ - /!f~ It, 11'cI/Jre
Ill, c r 0 (,(/ t1 ;/ e. - J:e /l /I( rJ r e Eli Ie
/J./1!5}er - tellfl10re [!tIc fN11 1d/1/J
Plrtr - 11/1 m~/e E/;f~ Pronl I <J /90
Note.' Sellt'r:5 Are -!-ftk,r1j cAftr(de~er
ill Po,! {r (;JIL/t{re 0 r7 tie)
CL 'f'l\~
Sellerslnihals
Page No. 16
PROJECT:
PARCEL No(s):
FOLIO No{s):
VBR Extension #60168
133
36865060000
Agenda Item No. 16B7
December 15, 2009
Page 21 of 24
I
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT Is entered into this .2.3Id...- day of
June , 2009, by and between CHRISTOPHER COUGHLIN and
MARCIA COUGHLIN, husband and wife (hereinafter referred to as "Coughlin") and
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and
assigns, hereinafter referred to as the "County."
WITNESSETH
WHEREAS, the County and Coughlin previously entered into a Purchase
Agreement dated December 11, 2007 (the "Agreement"), the terms of which were
approved by the Board of Collier County Commissioners at Its December 11-12, 2007
meeting as Consent Agenda Item 16B12; and
WHEREAS, pursuant to the terms of Paragraph 4A of the Agreement, Coughlin's
possession of the subject property extended for a period of eighteen (18) months post-
closing (the "initial possession"); and
WHEREAS, pursuant to Coughlin's request, County has agreed to further extend
the initial possession for an additional period not to exceed six months (the Extended
Term); and
WHEREAS, pursuant to Paragraph 4A of the Agreement, Coughlin has remitted
to County a lump sum payment of $9,000.00, calculated at a monthly rate of $1,500.00
times six (6), the maximum number of months allowed for the Extended Term; and
WHEREAS, pursuant to Paragraph 4L of the Agreement, Coughlin has provided
County with a Certificate of Insurance evidencing coverage during the Extended Term;
and
WHEREAS, this Amendment to Agreement has been prepared pursuant to
Paragraph 4A and memorializes the terms and conditions for Coughlin's possession of
the Property during the Extended Term,
NOW THEREFORE, in conSideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of all of
which is hereby mutually acknowledged, said Agreement is hereby amended as follows;
1. Paragraph 4A of the Agreement is hereby amended to refiect that Coughlin's
initial occupancy of the subject property shall be extended to midnight on January 31,
2010.
2. The third sentence of Paragraph 4C of the Agreement is amended to refiect
that if the Property is rendered un-inhabitable due to fire, storm or other casualty, then
this agreement shall automatically terminate, with the sole duty of County then being to
refund to Coughlin the security deposit, plus accrued interest, together with a prorated
portion of the $9,000.00 lump sum payment to County (calculated by multiplying the per
diem amount of $48,91 times the number of days remaining in the Extended Term),
Para9raph 4C is further amended to also refiect that in the event Coughlin vacates the
Property prior to January 31,2010, after complying with all notification requirements of
the Agreement, any refund of the $9,000.00 lump sum payment due Coughlin will be
calculated using the same per diem amount of $48,91.
3, All other terms and conditions of the Agreement shall remain unchanged and
in full force and effect.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - SIGNATURES
CONTINUED TO NEXT PAGE]
Agenda Item No. 16B7
IN WITNESS WHEREOF, the parties hereto have executed this Amendmentqoce~be~ ii ~f~~
Agreement the day and year first above written. ag
AS TO COUGHLIN:
DATED: June 9, 2009
WZESSES:Q
Y ,~ !:A\C~
(Signature)
r/(;S'T\/\C'rV,,\,\ ~\
jf'rinted NamJ) /~/ -
. /-//'r .;, tL/ '
/U;;?/':bcW; ~z.)/ U;_
, (Signature)
dciul?d hlRI!/5
~rinted Name)
f '.., /
\ 'iil ,:fj ''\
\-../ I., \',,\ 'H{ i, \
\ ~ (Signatr~
V rf~~\11 ' A\\"-ff''i
(?~~ed N~me) ~> .
;/i://f//ff7 ~/') 1/)
/ Vv~ <V''L_ c " -1':.-"'_
(Signature)
.l I v: ~ .
.It;):),'1/; J //'7:c~e/y
(Printed Name)
AS TO THE COUNTY:
DATED: June 23. 2009
ATTEST:
DWIGHT E. BROCK, Clerk
By,
,
AttioSt &I to. UI&
'IQ11&~OIlI~" .
Approved as to form
and legal sufficiency:
C/fJ
"
\ 1 ;'
Heidi Ashton-Cicko
Assistant County Attorney
',AU'
/
/
/'
.' ./
.~{'/
CHRISTOPHER COUGHLIN
i
-/ J__(,--\ {,-C',-0-
,
r I'
',-~.L-\...fl i-,'~_.__
MARCIA COUGHLIN v
BOARD OF COUNTY COMMISSIONERS
COlLlER,GOUNTY, FLORIDA
/ I .. . ~
/ ,'/ , .-;;:;
BY: '-t~, """.~4.J:<.
DONNA FIALA, CHAIRMAN
,
-
Agenda Item NO.1 B7
December 15, 2 Og
Page 23 0 24
PROJECT:
PARCEL No(s):
FOLIO No(s):
VBR Extension #60168
133
36865060000
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT is entered into this _ day of
, 2009, by and between CHRISTOPHER COUGHLIN and
MARCIA COUGHLIN, husband and wife (hereinafter referred to as "Coughlin") and
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and
assigns, (hereinafter referred to as the "County.")
WITNESSETH
WHEREAS, the County and Coughlin previously entered into a Purchase
Agreement dated December 11, 2007 (the "Agreement"), the terms of which were
approved by the Board of Collier County Commissioners at its December 11-12, 2007
meeting as Consent Agenda Item 16B12; and
WHEREAS, pursuant to the terms of Paragraph 4A of the Agreement, Coughlin's
possession of the subject property extended for a period of eighteen (18) months post-
closing (the "initial possession"); and
WHEREAS, pursuant to Coughlin's request, an Amendment to Agreement was
approved by the Board of Collier County Commissioners at its June 23, 2009 meeting
as Consent Agenda Item 16B12 that further extended the initial possession period to
midnight on January 31, 2010 (the "Extended Term"); and
WHEREAS, pursuant to Coughlin's request, the County has agreed to further
extend the initial possession period to midnight on April 30, 2010 (the "Additional
Extended Term"); and
WHEREAS, pursuant to Paragraph 4A of the Agreement, Coughlin has remitted
to County a lump sum payment of $4,50000, calculated at a monthly rate of $1,500.00
times three (3), the maximum number of months allowed for the Additional Extended
Term; and
WHEREAS, pursuant to Paragraph 4L of the Agreement, Coughlin has also
provided County with a Certificate of Insurance evidencing coverage during the
Additional Extended Term; and
WHEREAS, this Amendment to Agreement has been prepared pursuant to
Paragraph 4A and memorializes the terms and conditions for Coughlin's possession of
the Property during the Additional Extended Term.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of all of
which is hereby mutually acknowledged, said Agreement is hereby amended as follows:
1, Paragraph 4A of the Agreement is hereby amended to reflect that Coughlin's
initial occupancy of the subject property shall be extended to midnight on April 30,
2010.
2. The third sentence of Paragraph 4C of the Agreement is amended to reflect
that if the Property is rendered un-inhabitable due to fire, storm or other casualty, then
this agreement shall automatically terminate, with the sole duty of County then being to
refund to Coughlin the security deposit, plus accrued interest, together with a prorated
portion of the S4,500.00 lump sum payment to County (calculated by multiplying the per
diem amount of $50.56 times the number of days remaining In the Additional Extended
Term). Paragraph 4C is further amended to also reflect that in the event Coughlin
vacates the Property prior to April 30, 2010, after complying with all notification
requirements of the Agreement, any refund of the $4,50000 lump sum payment due
Coughlin will be calculated using the same per diem amount of $5056,
Agenda Item No. 16B7
December 15, 2009
Page 24 of 24
3. All other terms and conditions of the Agreement shall remain unchanged and
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Agreement the day and year first above written.
AS TO COUGHLIN:
DATED //-3[/- [/9
~Q'<;"'""
// /
4L, /~_/
cHRISTOPHER COUGHLIN
\J/11 l,Y \: \, (:.':-Sf\
\"Si9riature)
VI \ t-.J\.,\ C.f\\'\ F< \
(Printed Name)
r, /"/ I /" .
',1..1::', c('-c- C I. ,q.' 1+',--/
MA~CIA COUGHLIN i
(Signature)
(Printed Name)
AS TO THE COUNTY:
DATED:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E BROCK, Clerk
BY
DONNA FIALA, CHAIRMAN
By:
. Deputy Clerk
Approved as to form
and legal suffiCiency:
_ ~ -D'}J ~JL