Agenda 06/23/2020 Item #16C 1 (5th Amendment to the Randall Curve Property)06/23/2020
EXECUTIVE SUMMARY
Recommendation to approve a Fifth Amendment to Real Estate Sales Agreement with Richard D.
Yovanovich, Successor Trustee (and not individually) for the extension of the due diligence period
for the sale of the 47 +/- acre parcel known as the Randall Curve Property.
OBJECTIVE: To extend the due diligence period.
CONSIDERATIONS: On September 24, 2019, Agenda Item 11B, the Board (Seller) approved the Real
Estate Sales Agreement (Agreement) that authorized the sale of the 47 +/- acre parcel commonly known
as the Randall Curve Property to Richard D. Yovanovich, Successor Trustee (and not individually)
(Purchaser). The Real Estate Sales Agreement is attached for reference.
Section 7 of the Real Estate Sales Agreement provides the Purchaser with a ninety (90) day inspection
period that terminates on December 23, 2019. On December 10, 2019, Agenda Item 16.F.7, the Board
approved the First Amendment to Real Estates Sales Agreement to extend the inspection period to
January 31, 2020. On January 28, 2020, Agenda Item 16.F.1, the Board approved the Second
Amendment to Real Estate Sales Agreement to extend the inspection period to March 31, 2020. On
March 24, 2020, Agenda Item 16.C.6, the Board approved the Third Amendment to Real Estate Sale
Agreement to extend the inspection period to May 29, 2020. On May 26, 2020, Agenda Item 16.C.5, the
Board approved the Fourth Amendment to Real Estate Sale Agreement to extend the inspection period to
June 30, 2020. Seller and Purchaser are agreeable to extending the due diligence period to September 30,
2020. The extension is to provide the County with additional time to review Purchaser’s objections and
respond as required by the Real Estate Sales Agreement. The proposed extension of the due diligence
period will not result in an extension of the closing date, which is contingent on Purchaser’s obtaining
entitlements.
Section 6 of the Real Estate Sales Agreement provides for Seller to make a Second Deposit prior to the
end of the due diligence period. Purchaser’s Second Deposit shall be due prior to the end of the extended
Due Diligence Period (September 30, 2020).
The Fifth Amendment to Real Estate Sales Agreement has been reviewed and approved by counsel for
both parties.
GROWTH MANAGEMENT IMPACT: The sale is not inconsistent with the County’s Growth
Management Plans.
FISCAL IMPACT: There is no fiscal impact at this time.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board action. - JAB
RECOMMENDATION: To approve the Fifth Amendment to Real Estate Sales Agreement and
authorize the Chairman to execute the First Amendment to Real Estates Sales Agreement.
PREPARED BY: Toni A. Mott, Manager, Facilities Management Division
ATTACHMENT(S)
1. Real Estate Sales Agreement- Fully Executed (PDF)
16.C.1
Packet Pg. 1324
06/23/2020
2. First Amendment to Agreement - Fully Executed (PDF)
3. Second Amendment to Agreement - Fully Executed (PDF)
4. Third Amendment to Agreement - Fully Executed (PDF)
5. Fourth Amendment to Agreement - fully executed (PDF)
6. Fifth Amendment to Real Estate Sales Agreement (PDF)
16.C.1
Packet Pg. 1325
06/23/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Doc ID: 12620
Item Summary: Recommendation to approve a Fifth Amendment to Real Estate Sales Agreement
with Richard D. Yovanovich, Successor Trustee (and not individually) for the extension of the due
diligence period for the sale of the 47 +/- acre parcel known as the Randall Curve Property.
Meeting Date: 06/23/2020
Prepared by:
Title: Manager - Property Acquisition & Const M – Facilities Management
Name: Toni Mott
06/09/2020 3:11 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
06/09/2020 3:11 PM
Approved By:
Review:
Public Utilities Operations Support Toni Mott Additional Reviewer Skipped 06/09/2020 3:14 PM
Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 06/09/2020 3:43 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 06/09/2020 3:45 PM
Facilities Management Damon Grant Director - Facilities Completed 06/10/2020 9:34 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 06/10/2020 9:53 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/11/2020 2:23 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Skipped 06/12/2020 11:25 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/12/2020 12:13 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/12/2020 12:42 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/15/2020 9:56 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/15/2020 4:28 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/23/2020 9:00 AM
16.C.1
Packet Pg. 1326
PROJECT: Randa∥Curve Property
FOL10 NO: 37690040003
REAL ESTATE SALES AGREEMENT
I胤 評 滞 晰 緊 ♂辞 8詭 詣 電 glL出 8鯰 き 辞 留 忌 嚢 鶏 辞 ,■潔 l訳
here:nafter referred to as・ Se∥er"whose ma∥ing address is 3335 Tamianli Tra∥East,Naples,FL34112, and, RiCHARD D. YOVANOViCH, SuCCESSOR TRuSTEE (AND NOT
:NDiVlDUALLY),hereinafter referred to as'Purchaser・ whose malllng address is c/o Crown
Management Services,LLC,207 Cherry H∥:Drlve,Presto,PA 15142
WHEREAS,Se∥er desires to se∥the 47+/‐acre parcel deined below as the County Property
for a cash payment and exchange of a 10 +/‐ acre pa“ン3 defned below as the Estates
Shopping Property owned by Purchaser on the terms and condに ions hereinafter set forth
VVHEREAS, Se∥er sha∥ retain a “useable" one―acre tract of land on the County Property to
fac∥itate a County service bu∥ding to serve the commun:ty
NOW,THEREFORE,in consideration of the recna:s,the mutual covenants hereinafter set forth
and other good and valuable considerations, the receipt and sufFciency of which are hereby
mutua∥y acknowiedged,itis agreed by and bet″een the parties as fo∥ows:
I RANDALL CuRVE PRΩ PERIY The rea!property owned by Se∥er and to be sold to
Purchaser,which is sublect to this Agreement,(hereinafter referred to as"County Prope■プ)islocated in co∥ier County, F:orida, is commonly known as the Randa∥ Curve Property and
described on ExhibittA"attached hereto and made a part hereof
2 ESTATES SHOPPiNG PROPERTY The real property owned by Purchaser and to be
conveyed to Seller,which is sublect to this Agreement,(here:naier refered to as・ Estates
Shopping Property")is loCated in Col∥er County, Florida and described on Exhibit“B"attached
hereto and made a part hereof
3 SALE.CONVEYANCE and EXCHANGE Se∥er agrees to se∥and convey Se∥ers nght,ttle
and interestin and to the County Property less a one‐acre useable tract(40ne‐Acre Tractり to
Purchaser,and Purchaser agrees to purchase the County Property from Se∥er atthe prlce and
upon the terrns and conditions hereinafter set forth ln addition to the Purchase P∥ce(deined
below), in eXChange for the County Property, Purchaser sha∥convey at no cost to Se∥er the
Estates Shopping Property,at the ter7nS and conditions hereinafter set fOrth Both the County
Property and the Estates Shopping are being sold in their “as is" condiJon THE “AS‐IS"NATURE OF THIS AGREEMENT APPLIES TO ALL ASPECTS OF BOTH THE COUNTY
PROPERTY AND ESTATES SHOPPING PROPERTY THE PARTIES ACKNOWLEDGE ANDAGREE THAT THE ・ASJS" NATURE OF THIS AGREEMENT WAS THE BASIS FORDETERMIN!NG THE PURCHASE PR!CE THE PURCHASE PRiCE FOR THE COUNTY
PROPERTY IS BASED UPON LAND VALUE ONLY AND NO VALUE HAS BEEN
AT「RIBUTED TO ANY STRUCTURE OR OTHER IMPROVEMENTS CONSTRUCTED ONTHE COUNTY PROPERTY OR THE ESTATES SHOPP!NG PROPERTY NEITHER
16.C.1.a
Packet Pg. 1327 Attachment: Real Estate Sales Agreement- Fully Executed (12620 : Randall Curve Fifth Amendment)
PURCHASER NOR SELL SHALL HAVE ANY MAINTENANCE OR RISK OF LOSS
RESPONSIBILITIES WITH RESPECT TO THEIR RESPECTIVE PROPERTY.
4. EXECUTION OF AGREEMENT. Purchaser shall execute this Agreement in advance of
submittal to the Board of County Commissioners. The date the Board of County Commissioners
approve ot this Agreemenl shall be referred to herein as the "Effective Date'.
5. TITLE. Title to the County Property shall be conveyed to Purchaser by Statutory Deed and
title to the Estates Shopping Property shall be conveyed to Seller by Special Wananty Deed. ln
addition to the foregoing, both parties agree to execute an owne/s gap, construction lien and
non-foreign affidavit, closing statement and all such other documentation requested by either
party's attomey in order for it to obtain an owner's title insurance policy.
6. PURCHASE PRICE. The Purchase Price ("Purchase Price") for the County property is
THREE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($3,750,000), payable by
Purchaser to Seller. Within three (3) business days after the Etfective Date, Purchaser shall
pay to Coleman, Yovanovich & Koester, P.A. ("Escrow Agent'), an initial deposit in the amount
of ONE HUNDRED EIGHTY-SEVEN THOUSAND, FIVE HUNDRED DOLLARS ($187,500)
hereinafter referred to as ("lnitial Deposit"). Priorto the end of the ninety (90) day Due Diligence
Period, if Purchaser has not elec;ted to terminate lhis Agreement, purchaser shall pay to Escrow
Agent an additional sum of ONE HUNORED EIGHW-SEVEN THOUSAND, F|VE HUNDRED
DOLLARS ($187,500), hereinafter referred to as ('second Deposit") so that the total deposit
equals THREE HUNDRED SEVENTY-FIVE THOUSANO DOLLARS ($37S,OOO) and shail be
non-refundable except for Seller's default or Purchaser's failure to obtain all required County
land use entitlements and all required State and Federal approvals set forth in Section 8, below.
The lnitial Deposit and the Second Deposit shall collectively be refened to as the 'Earnest
Money." The balance, after credit of the Earnest Money and any prorations and adjustments,
shall be paid by PURCHASER to SELLER at closing of this transac{ion.
7. INiECTION PERIOD AND DUE DIL|GENCE. purchaser shail have a period of ninety (90)
days from and after the Effec{ive Date ("Due Diligence Period") to inspec{ the county property,
including the right to make engineering and soil tests, analyses and other investigations, and to
investigate and/or review any other facts, circumstances or matters, or to perform any and all
due diligence, which Purchaser deems relevant to the purchase of the County property. This
Agreement shall terminate if prior to the expiration of the Due Diligence period, purchaser
delivers to Seller written notice that lhe County Property is not suitable to Purchaser for any or
no reason in Purchaser's sole and absolute discretion. lf Purchaser terminates this Agreement
pursuant to this section, then upon such termination, Purchaser shall receive an immediate
refund of the lnitial Deposit then held by Escrow Agent, end thereafter neither party shall have
any further obligations to the other hereunder.
8. LAND USE ENTITLEMENT CONDITIONS. Purchaser's obligation to purchase the County
Property and exchange the Estates Shopping Property is contingent upon purchaser obtaining:
(a) final approval of any rezone, and any amendment(s) to the Collier County Growth
Managemenl Plan and/or Land Development Code, as are necessary to obtain such rezone, to
permit commercial and/or residential uses on the County Property acceptable to the Purchaser
in Purchaser's sole and absolute discretion, and (b) an amendment to the Estates Shopping
Center Sub-district and the Estates Shopping Center CPUD to eliminate the grocery store
requirement and to add the Counly's proposed uses for essential public service to include, but
not be limited to, workforce housing, senior housing, VA nursing home and an animal sanctuary.
16.C.1.a
Packet Pg. 1328 Attachment: Real Estate Sales Agreement- Fully Executed (12620 : Randall Curve Fifth Amendment)
Purchaser shall work with the Seller during the €ntitlement process to agr€e upon the legal
description of the One-Acre Tract and to define and develop the appropriate development
standards for the One-Acre Tracl. The One-Acre Tract will be fully mitigated and not required to
provide preserve, open space, water quality and waler quantity management within the acre
and shall have access to the main access road of lhe development. The Purchaser will work
with lhe Seller's representative to define development standards that reduce the setbacks and
buffering to the parent parcel during the rezone process, eliminate the grocery store
requirement and obtain uses on the remaining parcel between Wilson Boulevard and l"tStreet
Northwest acceptable to Purchaser in Purchaser's sole and absolute discretion.
Ouring the entitlement process, at Purchaser's request, Seller shall execute all petitions to add
the Purchaser's desired uses on the County Property including, but not limited to, a petition to
amend ihe Collier County Growth Management Plan and a petition to rezone the County
Property.
The Purchaser shall use his best efiorts to obtain the land use entitlements within twenty-four
(24) months of the execution of this Agreement. Should the purchaser fail to complete the
entitlement process within thirty (30) months, then this Agreement shall terminate and the
Earnest Money shall be returned to the Purchaser and the parties shall have no further
obligations hereunder.
9. TITLE AND SURVEY EXAMINATION.
A. Within forty-five (45) days after the Effective Date, Purchaser may obtain atitle insurance commitment with respect to the County property ("Tifle
Commitment'). lf the Title Commitment reflects lhat tifle to the County prope(y is
subjecl to matters that are not acceptable to purchaser, purchaser shall notify
Seller of Purchase/s objections to the same in writing by no later than forty-five (45)
days after the Effective Date, and the same shall be treated as defect(s)
("Objections"). Unless Purchaser timely delivers written notice to Seller of the
Objections, Purchaser shall be deemed to accept tifle to the County property in its
then existing condition. Seller shall, by no later than ten (10) days from and after
receipt of the Objections, provide written notice to Purchaser stating whether it will
cure (or attempt to cure) the Objec{ions, which decision shall be in Seller,s sole and
absolute discretion. lf Seller elecls to cure (or attempt to cure) the Objections,
Seller shall have until the expiration of the Due Diligence period (the.Cure period").
lf Seller does not agree to cure the Objections (or if Seller elects to attempt to cure
one or more Obiections, but is unable to timely cure the same prior to the expiration
of the Cure Period), Purchaser shall have the option of either: (i) proceeding with
this transaction in accordance with the terms and provisions hereof and accepting
all title matlers in their then existing condition; or (ii) terminating lhis transaction
upon notice to Seller prior lo the expiration of the Due Diligence period, whereupon
the lnitial Deposit shall be returned to Purchaser, and Seller and Purchaser shall be
released from any and all further obligations and liabilities arising under or out of
this Agreement. Despite the foregoing, Seller shall be required to cure defects in
title related to monetary items such as liens or mortgages created by Seller or as a
consequence of Seller's ownership of the County Property. Between the Efiective
Oate and Closing, neither party shall encumber their respective property with any
lien or other encumbrance that is not expressly permifted or reasonably
contemplated by this Agreement or that cannot be satisfied or otherwise discharged
by prior to or in conjunction with Closing.
16.C.1.a
Packet Pg. 1329 Attachment: Real Estate Sales Agreement- Fully Executed (12620 : Randall Curve Fifth Amendment)
B. Within forty-five (45) days after the Effective Date, Purchaser may obtain a
boundary survey of the County Property ("Survey"). lf Purchaser obtains the
Survey, and the Survey correctly shows: (a) an encroachment onto the County
Property, (b) that an improvement located on the County property proiects onto
lands of others, (c) lack of legal access, or (d) encumbrances or defec,ts, then
Purchaser may provide Seller with a copy of the Survey and notify Seller of any
such encroachment, encumbrance or defect and the same shall be treated as
Objections and are subject to the provisions of Seclion 9.A, above. lf purchaser
has failed to terminate the Agreement prior to the expiration of the Due Diligence
Period, then Purchaser shall be deemed to have accepied all survey related
mafters in their existing condition.
10. PRORATIONS. ADJUSTMENTS AND CLOSING COSTS.
A. The following items shall be prorated and adjusted between Seller and purchaser
as of midnight of the day preceding closing:
1. All installments or special assessments payable after the closing, whether for work
commenced as of the closing or otherwise, shall be paid exclusively by purchaser.
2. All other items required by any other provision of this Agreement to be prorated or
adjusted.
3. At the closing, the amount of proration and adjustrnents as aforesaid shall be
determined or estimated to the extent practicable and lhe monetary adjustment
shall be made between Seller and Purchaser. All such prorations and adjustment
shall be final.
B. Purchaser shall pay for all costs associated wilh this transaclion including, but not limited to
all the associated costs of the land swap including zoning and use approvals, engineering,
surveying, transfer, documentary taxes, and recording costs for any curative instruments.
Purchaser agrees to pay the cost of publication of the legal notice soliciting bids on the
Premises. Seller shall pay the costs of recording the conveyance instrument.
'l l. DEFAULTS AND TERMINATION. lf Purchaser defaults hereunder and such default has not
been cured within ten (10) days afler written notice of such default lo Purchaser, then provided
Seller is not in default, Seller's sole remedy shall be to terminate this Agreement by giving
Written Notic€ thereof to Purchaser, whereupon the Eamest Money paid to date shall be
retained by Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and
neither party shall have any further liability or obligation to the other. The parties acknowledge
and agree that Seller's aclual damages in the event of Purchaser's default are uncertain in
amount and difiicult 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.
lf Seller defaults hereunder and such default has not been cured within thirty (30) days afier
Written Notice of such default to Seller, and provided Purchaser is not in default, Purchaser
may, at its option: (a) terminate this Agreement, whereupon the Eamest Money shall be
returned to Purchaser and neather party shall have any further liability or obligation to the other,
16.C.1.a
Packet Pg. 1330 Attachment: Real Estate Sales Agreement- Fully Executed (12620 : Randall Curve Fifth Amendment)
(b) enforce this Agreement by a suil for specific performance, or (c) pursue any other remedy
available by law or in equity.
12. EXPENSES. Any and all costs and expenses incurred by Seller in connection with this
transaclion, including, without limitation, associated costs of the land swap including zoning and
use approvals recording fees, conveyance fees, public notice cost, documentary and intangible
taxes of every nature and kind whatsoever, shall be borne and paid by purchaser.
Notwithstanding the foregoing, Seller shall be responsible for Seller's legal fees and expenses.
13. INTERMEDIARIES. Any and all brokerage commissions or fees brought about by the action
of Purchaser shall be the sole responsibility of the Purchaser. Purchaser shall indemnify Seller
and hold Seller harmless from and against any claim or liability for commission or fees to any
broker or any other person or party claiming to have been engaged by Purchaser as a real
eslate broker, salesman or representative, in connec-tion with this Agreement, including costs
and reasonable attorneys' fees incident thereto. Notwithstanding the foregoing, Seller
represents and warrants lhat no brokers or realtors have been engaged by Seller with respect to
the purchase and/or sale of the County Property or the Estales Shopping property. This
provision shall survive closing of this transaclion.
14. CLOSING. Closing shall take place during normal business hours at the offices of the
Escrow Agent, 4001 Tamiami Trail North, Suite 300, Naples, Florida, 34103, or such other
location as parties may select, within 30 days from the date purchaser obtains the last of all
necessary Counly, State and Federal approvals.
15. GENEML PROVISIONS.
A. This Agreement, including all exhibits attached hereto and documents to be
delivered pursuant herelo, shall constitute the entire agreement and understanding of theparties, and there are no olher prior or contemporaneous written or oral agrCements,
undertakings, promises, warranties or covenants not conlained herein.
B. This Agreement may be amended only by a written memorandum subsequen y
executed by all the parties hereto.
C. No waiver of any provision or condition of lhis Agreement by any party shall be
valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any
other or similar provision or of any future event, ac1 or default.
D. Time is of the essence of this Agreement. ln the computation of any period
provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday
shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday.
E. ln the event lhat any provision of this Agreement shall be unenforceable in whole or
in part, such provision shall be limited to the extent necessary to render the same valid, or shall
be excised from this Agreement, as circumstances require, and this Agreement shall be
construed as if said provision had been incorporated herein as so limited, or as if said provision
had not been included herein, as the case may be.
F. Headings of paragraphs are for convenience of reference only and shall not be
construed as a part of lhis Agreement.
16.C.1.a
Packet Pg. 1331 Attachment: Real Estate Sales Agreement- Fully Executed (12620 : Randall Curve Fifth Amendment)
W:TH A COPY TO:
G. This Agreement shall be binding upon and shall inure to the benefit of the padies
hereto, and their respective heirs, executors, personal representatives, successors and assigns,
provided, however, that this Agreement may not be assigned by Purchaser without the prior
express written consent of Seller, which consent may be withheld for any reason whatsoever.
Notwithstanding the foregoing, Purchase may elect to take title to the County Property in the
name of a trust and/or entity related to Purchase or Robert Crown.
H. Any and all notices permitted, or required to be given hereunder, shall be in writing
and shall be either personally delivered to the party or shall be sent by United States mail,
postage prepaid, registered or certified mail to the following addresses. Any such notice shall
be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to
whom it is to be sent.
AS TO SELLER:Collier County Real Property Management
Attention: Toni A. Mott
3335 East Tamiami Trail, Naples, Florida 34112
Collier County Attorney's ffice
Attention: Jeffrey A. KlaEkow, County Attorney
W. Harmon Turner Building, 8h Floor
3335 East Tamiami Trail, Naples, Florida 34112
AS TO PURCHASER: Crown Management Services,LLC
W!TH A COPY TO:
Attention: Robert Crown
207 Cherry Hill Drive
Presto, PA 15142
Richard D. Yovanovich, Esq.
Coleman, Yovanovich & Koester, P.A.
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
L This Agreement shall be governed in all respects by the laws of the State of
Florida. lf any legal action or other proceeding is brought for the enforcement of this Agreement,
or because of an alleged dispute, breach or default in connection with any of the provisions of
the Agreement, the prevailing party shall be entitled to recover reasonable paralegal and
attorneys' fees and all out of pocket third party costs incurred in that action or prooeeding,
including those related to appeals.
J. This Agreement may be executed in any number of counterparts, any or all of which
may contain the signatures of less than all the parties, and all of which shall b€ construed
together as but a single instrument.
K. Possession of the County Property shall be delivered to the Purchaser at Closing.
Possession ofthe Estates Shopping Property shall be delivered to the Seller at Closing.
L. The word "Closing", or words of similar import as used in this Agreement, shall be
construed to mean the originally fixed time and closing date specified herein or any adjoumed
time and date provided for herein or agreed to in writing by the parties, or any earlier date
permitted herein.
16.C.1.a
Packet Pg. 1332 Attachment: Real Estate Sales Agreement- Fully Executed (12620 : Randall Curve Fifth Amendment)
M. This Agreemont is betr,\reen Seller and Purchaser and no other party shall, under
any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be
performed by Seller pursuant to this Agreement.
N. All the parties to this Agreement have participated fully in the negotiation and
preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against
any one of the parties hereto.
O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded
in any public records by Purchaser. lf so recorded by Purchaser, this Agreement shall be
deemed ipso facto canceled and terminated, the Eamest Money shall thereupon b€ retained by
or paid to Seller as liquidated damages for such default, and Purchaser shall have no further
interest in the County Property, pursuant to this Agreement or otherwise.
P. Any prior agreements, representations, understandings or oral statements,
including, but not limited to rendering or representations contained in sales brochures, maps,
sketches, advertising or sales materials, and oral statements of sales representatives, if not
expressed in this Agreement, are void, have no effecl, and have not been relied upon by
Purchaser.
16. ESCROW AGENT. Escrow Agent shall not be responsible for any defaults hereunder
by any party. ln the event of an actual or potential dispute as to the rights of the parties hereto
under this Agreement, the Escrow Agent may in its sole discretion, continue to hold the Earnest
Money until the parties mutually agree to lhe release thereof, or until a iudgment of a court of
competent jurisdiction shall determine the rights of the parties thereto, or it may deposit any
monies and all instruments held puEuant to this Agreement with the Clerk of Court, Collier
County, Florida, and upon notifying all parties concerned of such action, all liabilaty on the part of
the Escrow Agent shall fully terminate, except to the extent of an account of any monies
theretofore delivered out of escrow. All parties agree that Escrow Agent shall not be liable to
any party or person whomsoever for any action taken or omitted by Escrow Agent, including but
not limited to any mis-delivery of monies or instruments subject to this escrow, unless such mis-
delivery shall be due to willful breach in bad faith of this Agreement or gross neglagence on the
part of the Escrow Agent. All of the terms and conditions in connection with Escrow Agent's
duties and responsibilities and the rights of Seller, Purchaser and any lender or anyone else,
are contained in this instrument, and the Escrow Agent is not required to be familiar with the
provisions of any other instrument or agreement, and shall not be charged with any
responsability or liability in connection with the observance or non-obseNance by anyone of the
provisions of any other such instrument or agreement. Escrow Agent may rely and shall be
protected in acting upon any paper or other document which may be submitted to Escrow Agent
in connection with its duties hereunder and which is believed by Escrow Agent to be genuine
and to have been signed or presented by the property party or parties and shall have no liability
or responsibility with respect to the form, execution or validity thereof. Escrow Agent shall not
be required to institule or defend any action or legal process involving any matter ref€rred to
herein which in any manner affects it or Escrow Agent's duties or liabilities hereunder unless or
until required lo do so by the Purchaser or Seller, and then only upon receiving full indemnily in
an amount and of such charac{er as Escrow Agent shall require, against any and all claims,
liabilities, judgments, attorneys' fees and other expenses of every kind in relation thereto, except
in the case of Escrow Agent's own willful misconduct or gross negligence. Escrow Agent shall
not be bound in any way or affected by any notice of any modification, cancellation, abrogation
or rescission of this Agreement, or any fact or circumstance affecling or alleged to affect the
16.C.1.a
Packet Pg. 1333 Attachment: Real Estate Sales Agreement- Fully Executed (12620 : Randall Curve Fifth Amendment)
rights or liabilities of any other persons, unless Escrow Agont has received written notice
satisfactory to Escrow Agent signed by all parties to this Agreement.
17. OTHER PROVISIONS:
A. Seller and Purchaser have the right to maintain possession of their respective
properties until the date of closing.816.C.1.a
Packet Pg. 1334 Attachment: Real Estate Sales Agreement- Fully Executed (12620 : Randall Curve Fifth Amendment)
!NW:TNESS WHEREOF,the paFtleS have caused this Agreementto be executed as of
the day and year lrst above wntten
AS TO SELLER:
I?
L. McDaniel, Jr.,
BOARD OF
16.C.1.a
Packet Pg. 1335 Attachment: Real Estate Sales Agreement- Fully Executed (12620 : Randall Curve Fifth Amendment)
AS TO PURCI-IASER (as to all):
DATED:
′ヽ
Richard D. Yovanovich, as Successor
Trustee under Land Trust Agreement
Dated June 10, 2009 known as Trust
Number 850.045
ILL-. , ) (
Richard D. Yovanovich, as Successor
Trustee of Land Trust 850.028 under
Land Trust Agreement dated
December 1 , 2005
i)- > (-.._-
Richard D. Yovanovich, as Successor
Trustee of the Golden Gate Boulevard
West Trust
,1t-t-' )
Richard D. Yovanovich, as Successor
Trustee of Land Trust 850.024 under
Land Trust Agreement dated
December 1 , 2005
(-
Richard D. Yovanovich, as Successor
Trustee of Land Trust 850.03'l under
Land Trust Agreement dated
December 'l , 2005
Print N.me:
10
16.C.1.a
Packet Pg. 1336 Attachment: Real Estate Sales Agreement- Fully Executed (12620 : Randall Curve Fifth Amendment)
Exhibil "A'
County Propcrty
All of Tract "A", Golden Gate Esrates, llnit 22, according to the plat thereol as
recorded in Plat Book 7, Pages 8-j and 84 of the Public Records of Collier County,
Florida, LESS AND EXCEPT that portion conveyed by Statutory Deed and recorded
in O.R. Book 4079, Page 1358.
16.C.1.a
Packet Pg. 1337 Attachment: Real Estate Sales Agreement- Fully Executed (12620 : Randall Curve Fifth Amendment)
Exhibit・ B"
Estates Shopping Property
16.C.1.a
Packet Pg. 1338 Attachment: Real Estate Sales Agreement- Fully Executed (12620 : Randall Curve Fifth Amendment)
IRCT 76 1 I RACI Ю5 IRACl l12 1 I TRri 141
(0R 26{0, PC ll57)(OR 4098 PC 5964)
S89°40150"E
(OR 5315 PC 2493)
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(ORコ 97 PC 5527)(OR 519' PC 0351)
TRACT 143
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! Ttt1 124爆T89 1 7●▲rI I||1PROPERIY DESCR:PT10N
A PARcCL OF しNND BEINC ttL OF TRACT ::O ANO A PORTЮ N OF TttTS i09 AN0
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OF THE PARCEL OF LAND HEREIN DESCR,8ED:
了H〔NC〔 NORTH Oσ :9'10・ EAST, A DISTANC■ OF 93500 FEET: THENCE SOuTII
詳鼎ЪrttN:fⅧl‰ぎT∬。PttT腱:晰 馬器1社
sotrH oo19'10・ WEST. A DSTANCC OF 93500 FEET TO A PONT ON IHEAFOREMENT10ED SOuTH しINE OF SNo PLAT, 7HENC〔 ALONC SNO SOuTH LINE.
NORTH 8g40 50・ WESI.A DISTANCE OF 480 00 FEE了 10 THE PON7 oF BECINNINC
CONTttNING 10 30 ACRES. MORE OR LESS
NOTESi
: BEARINCS SHOWN HERCON ARE OASC0 0N TIIC SOuTH LINE O「 GOLDENCATE ESTATES UNIT N0 11. AS RECOROED lN PLAT 800К 4 PACES 103AND 104, OF THc PuBLIC RECORDS OF COし にlER COUNTY, FLOR10A, AS
8〔INC N 8940.50‐W2 0!MCNSiONS SHOWN H〔REON ARE IN U S SURVEY FEET AI10 0EC:MALSTHEREOF5 1HIS SKEICH AN0 0ESCRIPTloN lS EQI VAL10 W:THOuT THE ORCINAL
S,CNATυ RE ANO SEAL O「 A LiCENS[D FLOR:DA SURVEYOR ANO MAPPER
NO A001T10NS OR DELE了 !ONS TO THIS SKETCH & DESCRIPT10N MAP AREP[RM1lTED WITHOuT THE EXPRCSSEO WR1lTEN CONSENT OF THE SlCN:NCPARTY
LEGttND:
POC ttNT∝Cい
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PC PCISl
0 100' 200・ 400'
SCALE: 1" = 200'
THIS PLAN MAY HAVE BEEN ENLARCED OR
REDuCED FROM INTENOED D,SPLAY SCALEFOR REPRODuCTloN REASONSGOLDEN CATE ESTA'ES uMI NO!2(PB 4,PC 105)
DRAM BY: KIG
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Ci宙 I Englncers o Land SuⅣeyors .
Cert orAuth EB IXX15,51 Cert orA●th LB IXX15151
0. Gr80l{lror ol.t Aaroclotcr, Prt.
3800 Vta Dcl Rcy
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SKETCH AND DESCR:PT:ON 格
ッ∠上
CHECKED BY1 0LS
000 C00C: 臼 0 00 ESTATES SHOPPiNG CENTER
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―E: 1・ =氣r
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釧EET: ldl %w構:3oniL●SoHnm:2m0471144
16.C.1.a
Packet Pg. 1339 Attachment: Real Estate Sales Agreement- Fully Executed (12620 : Randall Curve Fifth Amendment)
PROJECT: RANDALL CURVE PROPERTY
FOLIO NO.: 37690040003
FIRST AMENDMENT TO
REAL ESTATE SALES AGREEMENT
This First Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered
into effective as of December p, 2019, by and between the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D.
YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDIVIDUALLY) ("Purchaser").
RECITALS:
A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated
September 24,2019(the "Agreement"),relating to the purchase and sale of a 47+/-acre parcel commonly
known as the Randall Curve Property and legally described on Exhibit"A" attached to the Agreement.
B. Seller and Purchaser hereby amend the Agreement as more particularly provided for herein.
C. Capitalized terms used but not defined in this Amendment shall have the same meaning
ascribed to such capitalized terms in the Agreement.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for
other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and
Purchaser hereby agree the Agreement is amended as follows:
1.Due Diligence Period. Purchaser's Due Diligence Period (as defined in Section 7 of the
Agreement) is hereby extended to January 31, 2020.
2.Second Deposit. Purchaser's Second Deposit shall be due prior to the end of the Due
Diligence Period as extended hereby.
3.Ratification and Confirmation. Except as provided herein, all terms and provisions of the
Agreement and the rights of the parties thereunder shall remain unchanged and in full force and effect.
The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the
event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations of
the parties hereto shall be governed by the terms of this Amendment.
4.Counterparts; Facsimile; Email. This Amendment may be executed in any number of
counterparts with the same effect as if all parties hereto had signed the same document. All such
counterparts shall be construed together and shall constitute one instrument, but in seeking proof hereof,
it shall only be necessary to produce one such counterpart. For purposes of this Amendment,any signature
transmitted by facsimile or e-mail (in pdf. or comparable format)has the same legal and binding effect as
any original signature.
1
16.C.1.b
Packet Pg. 1340 Attachment: First Amendment to Agreement - Fully Executed (12620 : Randall Curve Fifth Amendment)
IN WITNESS WHEREOF,this Amendment is executed by Seller and Purchaser to be effective as
of the date first above written.
SELLER:
DATED: De, (0 , 2019
ATTEST: BOARD OF C •i COMMISSIONERS OF
CRYSTAL K. Kf sL Clerk COL IEgirr DA
Adik0,b40"L-k-C‘—' By:
Dety Clerk W;/ iam. L. McDaniel, Jr., 'airman
Attest as to Chairo
signatirOonI A ..
Approved as To form and legality:
Alb
JenArr B. Belp-:'o
Asst. County Attorn-
O
2
16.C.1.b
Packet Pg. 1341 Attachment: First Amendment to Agreement - Fully Executed (12620 : Randall Curve Fifth Amendment)
AS TO PURCHASER (as to all):
DATED:l 19 Th M t
Richard D. Yovanovich, as Successor
Trustee under Land Trust Agreement
laatvia, pit ivP`CU"Li la_)_ Dated June 10, 2009 known as Trust
Witness (Signature) Number 850.045
Print Name: i do n 41A n 1'10
4'''Lx .- 7--D." - '
Witness (Signa ure) Richard D. Yovanovich, as Successor
Print Name: D ,,A i , ;(-1 r n i L q Trustee of Land Trust 850.028 under
Land Trust Agreement dated
December 1, 2005
ill
die/60.044`6'iLtd(2-- 4 ,A ..,,..A"' -----) ------
Richard D. Yovanovich, as Successor
Trustee of the Golden Gate Boulevard
West Trust
A.,./1/4 ,- ) ,
Richard D. Yovanovich, as Successor
Trustee of Land Trust 850.024 under
Land Trust Agreement dated
December 1, 2005
4. ,A....k. :,,i-Th ,
Richard D. Yovanovich, as Successor
Trustee of Land Trust 850.031 under
Land Trust Agreement dated
December 1, 2005
3
16.C.1.b
Packet Pg. 1342 Attachment: First Amendment to Agreement - Fully Executed (12620 : Randall Curve Fifth Amendment)
PROJECT:RANDALL CURVE PROPERTY
FOL10 NO.:37690040003
SECOND AMENDMENT T0
REAL ESTATE SALES AGREEMENT
hoe馴 潔 謡 金躍 邸 蹴 罵:T鸞 淵 Ξ鯖 暇 贅:識 器 冊 :な 品庶 鏃 憮OF COLLIER COUNTY,FLORIDA("Seller'),and RICHARD D.YOVANOⅥCH,SUCCESSORTRUSTEE(AND NOT INDIVIDUALLY)("PurChaser∥)RECITALS:
A Seller and Purchaser havc cntcrcd into that ccrtain Rcal Estatc Salcs Agrecmcnt dated
September 24,2019,as irstamcnded on December 10,2019(the∥Agrccment"),relating to the purchase
and sale ofa 47+/‐acrc parccl cOmmonly known as thc Randan curve ProPcrty and lcgally describcd on
Exhibit``A''attached to the Agreement
B Seler and Purchaser hereby fulther amend the Agreement as more particularly provided
for herel■.C Capitalized telllis used but not deflned in this Amendment shall have the sme meaning
asc」bed to such capitalized te..1=sin the Agreement.
AGREEMENT:
NOW,THEREFORE,for and in considcntion ofthe mutual cOvenants contained herein and for
other valuable consideration,the receipt and sufrtciency of which are hereby acknowiedged,Seller and
Purchaser hereby agree the Agreement is alnended as fo∥ows:
l Due Dlligence Period Purchaser's Duc D∥igence Pe」od(as deflned in SectiOn 7 of the
Agreement)iS hereby extendcd to March 31,2020
2 Second Deposit Purchaser's Second DepoJt shJl be duc pHOr to thc end of the Due
Diligencc Penod as extended hercby
3 -On and COninnatlon Except as provded herein,an tcnns and provヽ 10ns ofthe
Agreement and the Hghts Ofthe parties thereunder shan remain unchanged and in fuli force and efFect
Thc Agrccmcnt as lnodi6。d and amendcd hcrcby is hereby ratifled and conflllllcd in ali rcsPcctS In thc
event ofa connict between the teHlis ofthe Agreement and the tenns hereot thc rights and Obligations of
the parties hereto sha∥be govemed by the te∥∥s ofthis Amendment
4. cOunterpartsi Facsimilet Email This Amendment may be executed in any number of
counterparts with the same efTect as if all parties hereto had signed the same document All such
counterparts shal be construed together and JYll constitute one instrumcnt,but in secHng proofhereol
it shall only be ncccssary to produce one such countcrpart For purposes ofthis Amcndment,any signaturc
①
16.C.1.c
Packet Pg. 1343 Attachment: Second Amendment to Agreement - Fully Executed (12620 : Randall Curve Fifth Amendment)
transmitted by facsimile or e-mail (in pdf. or comparable format) has the same legal and binding effect ss
any original signature.
IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as
of the &te first above written.
DATED:.r*uaryr[,"hZO
Approved as to form and legality:
SELLER:
BOARD OF COUNTY COMMISS10NERS OF
Bun L. Saunders, Chairman
Jennifer B. Belped
CO
By:L16.C.1.c
Packet Pg. 1344 Attachment: Second Amendment to Agreement - Fully Executed (12620 : Randall Curve Fifth Amendment)
AS TO PURCHASER(as to a∥):
DATEE):Januaryノ 彎∠′2020 4榛 ―Richard D. Yovanovich, as Successor
Trustee under Land Trust Agreement
Dated June 10, 2009 known as Trust
Number 850.045
/F_た め―Richard D. Yovanovich. as Successor
Trustee of Land Trust 850.028 under
Land Trust Agreement dated
December I . 2005
■^―Richard D. Yovanovich, as Successor
Trustee of the Colden Gate Boulevard
West Trust
4ん も⌒
Richard D. Yovanovich. as Successor
Trustee of Land Trust 850.024 under
Land Trust Agreement dated
Decembet l, 2005
↓ス√ゝ摯
Richard D. Yovanovich. as Successor
Trustee of Land Trusl 850.031 under
Land Trust Agreement dated
December l. 2005
16.C.1.c
Packet Pg. 1345 Attachment: Second Amendment to Agreement - Fully Executed (12620 : Randall Curve Fifth Amendment)
PROJECT:RANDALL CURVE PROPERTY
FOL10 NO.:376911C140003
THIRD AMENDMENT TO
REAL ESTATE SALES AGREEMENT
Ihis lhrd Amendmentto Real Estate Sdes Agreement(thiS∥Amendment∥)iS made and entcredinto efFective as of March 24,2020,by and beneenthe BOARD OF COUNTY COMMIssloNERS
OF COLLIER COUNTY,FLORIDA c'Seller'),and RICHARD DoYOVANOⅥCH,succESSORTRUSTEE cAND NOT INDIVIDUALLD("Purchaser').
RECITALS:
A Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated
滲 報 鱗:醐 選鮮 郡 概だ￡辮 蝠 躙 f喫
血 bit“A'attached tO the Agreement.
B Seller and Purchaser hcrcby ntther amcnd thc Agrccment as mOre particularly pЮ vidcd
for hcrein
C Capitalized tems used but not deflned in this Amendment shall have the same mcaning
ascHbed to such capitalized te..1.sin thc Agreement
AGREEMEM:
NOW,THEREFORE,for and in consideration ofthe muml cOvenants cOntained herch and for
oぬ er vdЩ Ыe cOnsderatbn,慟 e κccu and sumc重 鵠話計にh are L“by¨bOuedgcd,sdcr md
Purchascr he“bD7 agrcc the Ag“ementお alltendedを
l Due Diligence P“od Purchaser's Duc Diligencc Paiod(aS deflned in Section 7 oF dle
Agreemcnt)iS hereby extended to May 29,2020
2 Second De,osit Purchaser's Second Deposit shall be due pnor tO thc end Of thc Duc
Diligencc PeHOd as extendcd hereby
幣蝠 謄鰤 為朧 艦頭 1∬
:艦 糧 』1棚 棚盟 需 慇
hereby ratiflcd and cOnf11.1.ed in all respects ln the
篇獅亀鯉誌t福 耀t盤 柵琴常詰w器 :聰 _詭 “。1籠 e Hghts綱 Obli脚 。郎J
4 COunterDarts:Facsiinilct Emall This Amendment maッ bc executed in any nurnber of
counterparts wlth the same effect as if al pttes hereto had signed thc same dOctlmcnt All such
counterptt shall be constmed together and shall cOnsthute onc instnlment,butin s∝king proofhereol
itsha1l only be necessary tO produce one such cOunterpart For purpOses Ofthis Amendmcnt,any signaturc
YI¨
16.C.1.d
Packet Pg. 1346 Attachment: Third Amendment to Agreement - Fully Executed (12620 : Randall Curve Fifth Amendment)
signature transmitled by facsimile or e-mail (in pdf. or comparable format) has the same legal and
binding effect as any original signature.
IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective
as of the date first above written.
SELLER:
BOARD OF COUNTY COMMISS10NERS OF
, FLOBIDA
Burt L. Saunders, Chairman
"t'"
$-
DATEDI March』±2020
Approved as legality:
16.C.1.d
Packet Pg. 1347 Attachment: Third Amendment to Agreement - Fully Executed (12620 : Randall Curve Fifth Amendment)
AS TO PURCHASER(asto aH):
DATED:March■2020
Witness (Sign
Print Name:
{,u.>>--<
Richard D. Yovanovich, as Successor
Trustee under Land Trust Agreement
Dated June 10, 2009 known as Trust
Number 850.045
カニb._
Richard D. Yovanovich, as Successor
Trustee ofLand Trust 850.028 under
Land Trust A$eement dated
December 1, 2005
ネνし軽―Richard D. Yovanovich, as Successor
Trustee ofthe Golden Gate Boulevard
West Trust
ル ヽ_Richard D. Yovanovich, as Successor
Trustee of Land Trust 850.024 under
Land Trust Agreement dated
December l, 2005
輩ん、_Richard D. Yovanovich, as Successor
Trustee ofland Trust 850.031 under
Land Trust Agreement dated
December I , 2005
illa
Witness
゛
16.C.1.d
Packet Pg. 1348 Attachment: Third Amendment to Agreement - Fully Executed (12620 : Randall Curve Fifth Amendment)
PROJECT: RANDALL CURVE PROPERTY
FOLIO NO.: 37690040003
FOURTH AMENDMENT TO
REAL ESTATE SALES AGREEMENT
This Fourth Amendment to Real Estate Sales Agreement (this "Amendment") is made and
entered into effective as of May 26, 2020, by and between the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D,
YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDMDUALLY) ("Purchaser").
RECITALS:
A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated
September 24,2019, as first amended on December 10,2019, as second amended on January 28,2020
and as further amended on March 24, 2020 (the "Asreement"), relating to the purchase and sale of a 47
+/- acre parcel commonly known as the Randall Curve Property and legatly described on Exhibit "A"
attached to the Agreement.
B. Seller and Purchaser hereby further amend the Agreement as more particularly provided
for herein.
C. Capitalized terms used but not defined in this Amendment shall have the same meaning
ascribed to such capitalized terms in the Agreement.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the mutual covenanls contained herein and for
other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and
Purchaser hereby agree the Agrcement is amended as follows:
L Due Diligence Period. Purchaser's Due Diligence Period (as defined in Section 7 of the
Agreement) is hereby extended to June 30, 2020.
2. Second Deposit. Purchaser's Second Deposit shall be duc prior to the end of the Due
Diligence Period as extended hereby.
3. Ratification and Confirmation. Except as provided herein, all terms and provisions of the
Agreement and the rights ofthe parties thereunder shall remain unchanged and in full force and effect.
The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the
event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations
ofthe parties hereto shall be governed by the terms ofthis Amendment.
4. Counterparts: Facsimile: Email. This Amendment may be executed in any number of
counterparts with the same effect as if all parties hereto had signed the same document. All such
counterpar"ts shall be construed together and shall constitute one instrument, but in seeking proof hereol,
it shall only be necessary to produce one such counterpart. For purposes of this Amendment, any
16.C.1.e
Packet Pg. 1349 Attachment: Fourth Amendment to Agreement - fully executed (12620 : Randall Curve Fifth Amendment)
signature transmitted by t'acsimile or e-mail (in pdl'. or comparable fbrmat) has the same legal and
binding effect as any original signature.
IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser 1o be effective
as ofthe date first above written.
SELLER:
DATED:May並 ,2020
BOARD OF COUNTY COMMISSIONERS OF
Burt L. Saunders, Chairman
Jenniler B. Belpedi
Asst. County Attorn
16.C.1.e
Packet Pg. 1350 Attachment: Fourth Amendment to Agreement - fully executed (12620 : Randall Curve Fifth Amendment)
AS TO PURCHASER(as to a11):
DATED: rra"y l,P. ZOZO
Richard D. Yovanovich, as Successor
Trustee under Land Trust Agreement
Dated June 10, 2009 known as Trust
Number 850.045
{l..L^.- -E__€
fuchard D. Yovanovich, as Successor
Trustee of Land Trust 850.028 under
Land Trust Agreement dated
December l, 2005
Richard D. Yovanovich, as Successor
Trustee of the Golden Gate Boulevard
West Trust
lt \*\,- l\,/L-1_.r - -_) . >\ ' _
Richard D. Yovanovich, as Successor
Trustee of Land Trust 850.024 under
Land Trust Agreement dated
December I , 2005
Richard D. Yovanovich, as Successor
Trustee of Land Trust 850.03 I under
Land Trus1 Agreement dated
December 1,2005
16.C.1.e
Packet Pg. 1351 Attachment: Fourth Amendment to Agreement - fully executed (12620 : Randall Curve Fifth Amendment)
PROJECT:RANDALL CURVE PROPERTY
FOL10 NO。:37690040003
FIFTH AMENDMENT TO
REAL ESTATE SALES AGREEMENT
This Fifth Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered
into effective as of June23,2020, by and between the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D. YOVANOVICH, SUCCESSOR
TRUSTEE (AND NOT INDMDUALLY) ("Purchaser").
RECITALS:
A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated
September 24,2019, as first amended on December 10, 2019, as second amended on January 28,2020
and third amended on March 24, 2020 and as further amended on May 26, 2020 (collectively, the
"Agreement"), relating to the purchase and sale of a 47 *l- acre parcel commonly known as the Randall
Curve Property and legally described on Exhibit "A" attached to the Agreement.
B. Seller and Purchaser hereby further amend the Agreement as more particularly provided
for herein.
C. Capitalized terms used but not defined in this Amendment shall have the same meaning
ascribed to such capitalized terms in the Agreement.
AGREEMENT:
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for
other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and
Purchaser hereby agree the Agreement is amended as follows:
l. Due Dilisence Period. Purchaser's Due Diligence Period (as defined in Section 7 of the
Agreement) is hereby extended to September 30, 2020.
2. Second Deposit. Purchaser's Second Deposit shall be due prior to the end of the Due
Diligence Period as extended hereby.
3. Ratification and Confirmation. Except as provided herein, all terms and provisions of the
Agreement and the rights of the parties thereunder shall remain unchanged and in full force and effect.
The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the
event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations of
the parties hereto shall be governed by the terms of this Amendment.
4. Counterparts: Facsimile: Email. This Amendment may be executed in any number of
counterparts with the same effect as if all parties hereto had signed the same document. All such
counterparts shall be construed together and shall constitute one instrument, but in seeking proof hereof,
it shall only be necessary to produce one such counterpart. For purposes of this Amendment, any signature
transmitted by facsimile or e-mail (in pdf. or comparable format) has the same legal and binding effect as
any original signature.
″
16.C.1.f
Packet Pg. 1352 Attachment: Fifth Amendment to Real Estate Sales Agreement (12620 : Randall Curve Fifth Amendment)
響騨躍興覇園園爾野・
‐ ~~
IN WIT■ヾESS WHERI]OF,this Amendmentis executed by Sener and Purchaser to be effective as ofthe
date flrst above written.
SELLER:
DATED:June 23,2020
ATTEST:
CRYSTAL K.KINZEL,Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA
By:
, Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
○
16.C.1.f
Packet Pg. 1353 Attachment: Fifth Amendment to Real Estate Sales Agreement (12620 : Randall Curve Fifth Amendment)
AS TO PURCHASER(as to all):
DATED:」une 9 2020
Print Namci 1 0_ d叫 しヽヤ)Print Name: lIaroN r etR BtU0a$rO
Trustee under Land Trust Agreement
Dated June 10, 2009 known as Trust
Number 850.045
l^aa> =-
Richard D. Yovanoui.n, uiffi*.
Trustee of Land Trust 850.028 under
Land Trust Agreement dated
December 1, 2005
Richard D. Yovanovich, as Successor
Trustee of the Golden Gate Boulevard
West Trust
JLrt-.>>--
Richard D. Yovanovich, as Successor
Trustee of Land Trust 850.024 under
Land Trust Agreement dated
December 1,2005
Trustee of Land Trust 850.031 under
Land Trust Agreement dated
December l, 2005
Richard D. Yovailovich. as
①
16.C.1.f
Packet Pg. 1354 Attachment: Fifth Amendment to Real Estate Sales Agreement (12620 : Randall Curve Fifth Amendment)