Backup Documents 05/26/2009 Item #16B 3
MEMORANDUM
Date:
May 28, 2009
To:
Michelle Sweet, Property Acquisition
Trans/ECM/ROW A
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Amendment to Breehne Purchase Agmt.
Vanderbilt Beach Road Project #60168
Attached for your records is a copy of the amended agreement referenced
above (Agenda Item #16B3) approved by the Board of County Commissioners
on Tuesday, May 26, 2009.
The original will be kept in the Minutes and Records Department as part of
the Board's permanent record.
If you have any questions, please call me at 252-8406.
Thank you.
1683
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 B 3
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUkE . .
Print on pink paper. Attach to original documcnt Original documents should be hand delivered tu thc Board Ofnce. The completed routing slip and original
documents arc to be forwarded to the Board Office only lifter Ihe Board has taken action on the itcm.)
ROUTING SLIP
Complete routing lines #] through #4 as appropriatc j{)r additional signatures, datcs. and/or infonnation needed. U' thc document is already complete with the
exce tion of the Chainnan's si nature, draw a line throu h routin lincs #1 thrau #4. com letc thc checklist, and forward to Sue Filson (Iine#5 .
Office I nitials Date
(The primary contoct is the holdcr ofdlC original documcnt pcnding Bee approval. Normally thc primary conUlct is thc person who created'prepared the executive
summary. Primary contact information is needed In the event one ofdle addrcssecs above. incllkling Sue Filson, nccd to cmtact staff for additional or missing
infonnation. All original documcnts needing the Bec Chairman's signature arc to bc delivered to the BCe: unice only aftcr the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
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2.
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//
239-252-6027
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Yes
(Initial)
3.
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I: Forms/ County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.0304, Revised 1.2605, Revised 2.24.05
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
I Clerk of Court's Office
I
PRIMARY CONT ACT INFORMATION
Phone Number
Agenda Item Number
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
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,
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 ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCe approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson 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 awar of our deadlines!
The document was approved by the BCC on I. 0Ij (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
1683
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT entered into this ,) I.- day of
~/ft() ~ ,2009, by and between PAUL M. BREEHNE, JR. a/kla PAUL
B EE NE, JR., and DAWN M. BREEHNE a/kla DAWN BREEHNE, husband and
wife, hereinafter referred to as "Breehne ", 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 Breehne have previously entered into an Agreement dated
March 26, 2008 (the "Agreement"); and
WHEREAS, pursuant to the terms of Paragraph 4A of the Agreement, Breehne opted
to extend their possession for a period of four (4) months; and
WHEREAS, pursuant to the terms of paragraph 4A of the Agreement, Breehne has
paid, in advance, a lump sum payment of $4,000 for said extension; and
WHEREAS, Breehne is desirous of having the option to extend for an additional two (2)
month period; and
WHEREAS, the County and Breehne are desirous of amending said Agreement to
reflect said option.
NOW THEREFORE, in consideration of the covenants and agreements provided within
the said Agreement dated March 26, 2008 and Ten Dollars ($10.00) and other good
and valuable consideration, the said Agreement is hereby amended as follows:
1. Breehne may occupy the Property until August 31, 2009 (the "Term"). Breehne
may extend the Term for an additional period not to exceed two (2) months. In
the event Breehne opts to extend the Term, an additional sum will be required
from Breehne and shall be calculated by multiplying the number of months of the
extension by a monthly amount of $1,000.00. This Fee must be paid to the
County in a lump sum, no later than thirty (30) days before expiration of the Term
(i.e. July 31, 2009), whereupon County and Breehne shall execute a Second
Addendum to the Agreement memorializing the Extended Term of possession.
2. All other terms and conditions of said Agreement between the County and
Breehne remain unchanged and are in full force and effect. In addition, said
terms and conditions are applicable hereto except as expressly provided herein to
the contrary.
Amendment To Agreement
IN WITNESS WHEREOF, Breehne and County have hereto executed this Amendment
to Agreement the day and year first above written.
1683
AS TO BREEHNE:
DATED: .JJ,4J n,k-v7
WITNESSES:
(lij, e !l&nW~
(Signature)
DFJ56IG ft;E:N S".,..RCJtJ{J
(Printed Name)
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(Sigl'tafure)
il 0 SUI k. eaSe ft
(Printed Name)
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(Signature)
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DAWN M. BREEHNE
7)e13A'6- HfOI'S77eOAJ6
(Printe~_~)
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(Signature)
k.CJ g U-r k. i$oScf+
(Printed Name)
AS TO THE CO~NTY:
DATED: ,{/~~ di
COUNTY:
BOARD OF COUNTY COMMISSIONERS
COLLIER 9 NTY, FLORIDA
/ i I _
BY: A.'
DONNA FIALA, CHA
ATTEST:
DYVIGIi~T.~', "IaR9PK, Clerk
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Approved as to form ~
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Assistant County Attorney
Amendment To Agreement