Agenda 09/15/2009 Item #16E 7
Agenda Item No. 16E7
September 15, 2009
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to Agreement for Sale and Purchase
(Amendment) 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,
as to 50%, and Frank J. Celsnak and Marlene J. Celsnak, as Trustees UtDIT (or UtA)
dated December 27, 1991, as to 50%, all as tenants in common (Sellers) to extend the
time for Closing of the transaction for an additional period of ninety (90) days, up to and
including November 11, 2009.
CONSIDERATIONS: On December 16, 2008, Agenda Item 16E6, the Board of County
Commissioners (County) approved an Agreement for Sale and Purchase (Agreement)
with Sellers to purchase 1.14 acres for $18,668 for Conservation Collier.
A Quiet Title Suit has been initiated by the Sellers in order to ensure clear title.
Therefore, Sellers have requested an extension of ninety (90) days to proceed to
completion. 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 to
Agreement.
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GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan.
lEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This is a
regular item requiring a majority vote. - 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
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Item Number:
Item Summary:
Meeting Date:
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Agenda Item No, 16E7
September 15, 2009
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E7
Recommendation to approve an Amendment to Agreement for Sale and Purchase
(Amendment) for 1,14 acres under the Conservation Collier Land Acquisition Program at no
additional cost to the County, Richard F, Berman, as to 50%, and Frank J, Celsnak and
Marlene J, Celsnak. as Trustees,
9/15/2009 9:00:00 AM
Prepared By
Cindy M. Erb
Administrative Services
Senior Property Acquisition Specialist
Date
Facilities Management
8/25/20098:19:48 AM
Approved By
Jennifer White
County Attorney
Assistant County Attorney
Date
County Attorney Office
8/26/20094:10 PM
Approved By
Alexandra J. Sulecki
Administrative Services
Senior Environmental Specialist
Date
Facilities Management
8/27/200910:03 AM
Approved By
Michael H. Dowling
Administrative Services
Property Management Specialist
Date
Facilities Management
8/27/2009 11 :28 AM
Approved By
Skip Camp, C.F.M.
Administrative Services
Facilities Management Director
Date
Facilities Management
8/28/20094:56 PM
Approved By
Len Golden Price
Administrative Services
Administrative Services Administrator
Date
Administrative Services Admin.
9/1/20099:20 AM
Approved By
OMB Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
9/1/2009 1 :26 PM
Approved By
Laura Davisson
County Manager's Office
Management & Budget Analyst
Date
Office of Management & Budget
9/1/2009 2:36 PM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
Date
County Attorney Office
9/1/2009 3:14 PM
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Agenda Item No. 16E7
September 15, 2009
Page 3 of 6
Approved By
Leo E, Ochs, Jr,
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
9/1/2009 5:42 PM
Agenda Item No, 16E7
September 15, 2009
Page 4 of 6
~M;tIllQ AGR~MENT
THIS AMENDMENT is entered into this ______ day of
I 2009, by and between RICHARD F. BERMAN, AS TO
50%, AND FRANK J. CELSNAK AND MARLENE J. CELSNAK, AS TRUSTEES
U/Drr (OR U/A) DATED DECEMBER 27,1991, AS TO 50%, ALL AS TENANTS
IN COMMON, Sellers, and COLLIER COUNTY, a political subdivision of the
State of Florida, Buyer. Buyer and Sellers entered into that certain Agreement
for Sale and Purchase dated effective as of December 16, 2006 (the
"Agreement"). Subsequent to entering into the Agreement and pursuant to
provision 3.01 of the Agreement, Buyer and Sellers wish to append the
Agreement with the following additional terms and conditions:
1. The time for Closing of the transaction shall be extended for an
additional period of ninety (90) days, up to and including November 11, 2009.
Except as expressly provided herein, the Agreement between the Buyer
and the Sellers 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 Buyer and Sellers have hereto executed this
Addendum the day and year first above written.
AS TO SELLERS:
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Witnes (Signature)
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Witness ~ nnted Name)
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Witness (Printed Name)
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Witness (Signature)
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Witness (Printed Name)
Agenda Item No, 16E7
September 15, 2009
Page 5 of 6
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FRANK .(" CELSNAK, as Trustee
Witness (Signature)
CI-/,(ljSOAIN' /l, KrH~a>
Witness (Printed Name)
Trustee
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Witness (Printed Name)
as
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Agenda Item No, 16E7
September 15, 2009
Page 6 of 6
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
BY:
Donna Fiala, Chairman
Approved as to form and
legal sufficiency:
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Jennifer B. White
Assistant County Attorney
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