Backup Documents 07/14/2020 Item #16C 7ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO , 6 C 7
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature. draw a line through routing lines #tl through 12 romnlete the rherklict and f-rd to the r'--tu dttnma llff;
Route to Addressees (List in routing order)
Office
Initials
Date
1.
2.
3. County Attorney Office
County Attorney Office
a0A
-11 J S Ja0
4. BCC Office
Board of County
Commissioners
5. Minutes and Records
Clerk of Court's Office
1�
�0
al.L.
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above, may need to contact staff for additional or missing information.
Name of Primary Staff
Contact / Department
Jay Malamphy
Phone Number
8402
Agenda Date Item was
Approved by the BCC
July 14, 2020
Agenda Item Number
16C7
Type of Document
Agreement for Sale and Purchase
Number of Original
I
Attached
Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
Yes
N/A (Not
aDDrODriate.
Initial
Applicable)
1.
Does the document require the chairman's original signature? 751=a
N/A
2.
Does the document need to be sent to another agency for additional signatures? I yes,
provide the Contact Information (Name; Agency; Address; Phone on an attached sheet.
N/A
3.
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
�,�
(,&
bv the Office of the County Attorney.
4.
All handwritten strike -through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
N/A
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
N/A
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are required.
�T:
7.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
N/A
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on July 14, 2020 and all changes made
during the meeting have been incorporated in the attached document. The County
Aq
Attorne 's Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
01(,�
BCC, all changes directed by the BCC have been made, and the document is ready for the
�J
Chairman's signature.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 11/30/12
16 C7
Memorandum
TO: Minutes & Records Management
FROM: Jay Malamphy, Real Property Management
DATE: July 14, 2020
RE: Landfill Optimization
On July 14, 2020 Agenda Item 16C7, the BOCC approved the acquisition of 2390 Markley
Avenue which consists of a single family home on 5 acres which abuts the County landfill.
Please attest to Commissioner Saunder's signature as Chairman on the Agreement for Sale
and Purchase ("Agreement"). Once the attestation is complete, please email me a copy of the
fully executed Agreement.
Please contact me at x8402 if you have any questions.
Thank you
C7
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Monday, July 20, 2020 11:14 AM
To: MalamphyJay
Subject: Item #16C7 (July 14, 2020 BCC Meeting)
Attachments: Gaut -Warren Agreement for Sale and Purchase.pdf
Good Morning Jay,
An executed copy of the document
referenced above, approved by tine
BCC July 1.4, 2020, (Item *16C7)
is attached for your records.
Thank you.
Ann JenneJotin
BMR Senior Deputy Clerk
Clerk to the Value AdjustmeKt Board
Office: 239-252-8406
Fax: 239-252-8408 (if applicable)
AntA.Jen;,,e1okK@Co(tierC(erk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiawu Trail, Suite 0401
Naples, FL 34112-5324
www.Coll ierClerk.com
1
16C7
Project: Landfill Optimization
Folio, 00337440003
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between Martin E Gaut and Tina R
Warren whose mailing address is 2390 Markley Avenue, Naples FL 34117. hereinafter
referred to as ("Seller") and Collier County. a political subdivision of the State of Florida.
whose mailing address is 3335 Tamiami Trail East. Suite 101 Naples. FL 34112 (hereinafter
referred to as "Purchaser")
WI T N E S S E T H
WHEREAS Seller -s the owner of that certain parcel of real property located in Collier County.
State of Florida and being more particularly described in Exhibit A" (hereinafter referred to as
the "Property) attached hereto and made a part hereof by reference
WHEREAS Purchaser is desirous of purchasing the Property subject to the conditions and
other agreements hereinafter set forth and Seller is agreeable to such sale and to such,
conditions and agreements
WHEREAS Seller desires to remain in possession of the residence located on the Property
and has requested the right to occupy the premises for a term of six (6) months from Date of
Closing. subject tc the terms and conditions described in Exhibit B (hereinafter referred to as
Extended Occupancy Term ) attached hereto and made a part hereof by reference
WHEREAS Seller desires to remove the items listed in Exhibit C (hereinafter referred to as
"Removable Items") from the Property and Purchaser is agreeable to the removal of such
items subject to the terms and conditions described in Exhibit C
NOW THEREFORE and for and it consideration of the premises and the respective
undertakirgs of the parties hereinafter set forth and the sum of Ten Dollars (310 00) the
receipt and sufficiency of which is hereby acknowledged it is agreed as follows
AGREEMENT
1 01 In consideration of the purchase price and upor. the terms and conditions hereinafter
set forth Seller shall sell to Purchaser and Purchaser shall purchase from Seller the
Property described in Exhibit "A"
II PAYMENT OF PURCHASE PRICE
2 01 The purchase price (the "Purchase Price") for the Property shall be Two Hundred &
Ninety Thousand Dollars (S290 0001 (U S Currency) payable at tirne of closing
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III. CLOSING
3.01 The Closing (THE "CLOSING DATE" "DATE OF CLOSING OR "CLOSING") of the
transaction shall be held on or before one hundred and twenty days (120 days) following
execution of this Agreement by the Purchaser unless extended by mutual written
agreement of the parties hereto The Closing shall be held at the Collier County
Attorney's Office Administration Building 3299 Tamiami Trail East. Suite 800 Naples.
Florida The procedure to be followed by the parties in connection with the Closing shall
be as follows
3.011 Seller shall convey a marketable title free of any liens. encumbrances.
exceptions or qualifications Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with law At
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
3.0111 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
3 0112 Combined Purchaser -Seller closing statement
3 0113 A "Gap '* Tax Proration Owner's and Non -Foreign Affidavit," as required
by Section 1445 of the Interral 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
3 0114 A W-9 Form "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service
3.012 At the Closing. the Purchaser or its assignee shall cause to be delivered to the
Seller the following
3 0121 A wire transfer in an amount equal to the Purchase Price subject to
adjustment for prorations as set forth herein and as stated 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
Section 4 011 thereto. 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
3 02 Each party shall be responsible for payment of its own attorney's fees Seller, at its
sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to
the recording of the Warranty Deed. in accordance with Chapter 201 01. Florida Statutes
and the cost of recording any instruments necessary to clear Seller's title to the Property
The cost of the Owner's Form B Title Policy issued pursuant to the Commitment provided
for in Section 4 011 below shall be paid by Purchaser The cost of the title commitment
shall also be paid by Purchaser
3 03 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.
IV REQUIREMENTS AND CONDITIONS
4 01 Upon execution of this Agreement by both parties or at such other time as specified
within this Article Purchaser and/or Seller as the case may be shal! perform the
following within the times stated which shall be conditions precedent to the Closing
4 011 Within thirty (30) days after the date hereof Purchaser shall obtain as
evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA
Form B-1970) covering the Property together with hard copies of all exceptions
shown thereon. Purchaser shall have ten (10) days. following receipt of the title
insurance commitment, to notify Seller in writing of any objection to title other than
Dens 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
4 012 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 fifteen (15) days to remedy any defects in order to convey good and marketable
title except for bens 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 fifteen (15) day period may accept title as it then is. waiving any objection. 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 exceptions to title as shown in the title
commitment.
4 013 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
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adjustments to the Purchase Price shall be made based upon any change to the total
acreage referenced in Exhibit "A". if any Seller agrees to furnish any existing
surveys of the Property, if any. to Purchaser within fifteen (15) days of execution of
this Agreement.
V APPRAISAL PERIOD
5.01 This provision was deleted as an in-house appraisal was obtained per the
guidelines set forth in Section Two(4) of Ordinance 2007-28
VI. INSPECTION PERIOD
6.01 Purchaser shall have ninety (90) days from the date of this Agreement. ("Inspection
Period"). to determine through appropriate investigation that-
1 - Soil tests and engineering studies indicate that the Property can be developed without
any abnormal demucking. soil stabilization or foundations
2. There are no abnormal drainage or environmental requirements to the development of
the Property.
3. The Property is in compliance with all applicable State and Federal environmental
laws and the Property is free from any pollution or contamination
4 The Property can be utilized for its intended purpose.
6.02 If Purchaser is not satisfied. for any reason whatsoever, with the results of any
investigation including any investigations not specifically stated herein, Purchaser shall
deliver to Seller prior to the expiration of the Inspection Period, written notice of its
intention to waive the applicable contingencies or to terminate this Agreement If
Purchaser fails to notify the Seller in writing of Its specific objections as provided herein
within the Inspection Period. it shall be deemed that the Purchaser is satisfied with the
results of its investigations and the contingencies of this Article V shall be deemed
waived. In the event Purchaser elects to terminate this Agreement because of the right of
inspection. Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to the
Property.
6 03 Purchaser and its agents. employees and servants shall. at their own risk and
expense. have the right to go upon the Property for the purpose of surveying and
conducting site analyses. soil borings and all other necessary investigation. Purchaser
shall, in performing such tests. use due care and shall indemnify Seller on account of any
loss or damages occasioned thereby and against any claim made against Seller as a
result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four
(24) hours prior to said inspection of the Property.
VII INSPECTION
7 01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right
to inspect the Property at any time prior to the Closing.
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VIII. POSSESSION
8 01 Purchaser shall be entitled to full possession of the Property at Closing.
IX PRORATIONS
9.01 Ad valorem taxes next due and payable. after closing on the Property shall be
prorated at Closing based upon the gross amount of 2020 taxes. and shall be paid by
Seller.
X TERMINATION AND REMEDIES
1001 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller within ten (10) 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
10 02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination. and Purchaser fads 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.
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 and
neither party shall have any further liability or obligation to the other except as set for in
paragraph 13 01 (Real Estate Brokers) hereof.
10 03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement. the party prevailing in such litigation or other
action shall be entitled. in addition to such relief as may be granted, to a reasonable sum
for its attorney's fees paralegal charges and all fees and costs for appellate proceedings
in such litigation or other action which sum may be determined by the court or in a
separate action brought for that purpose.
10 04 The parties acknowledge 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
XI SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
1 01 Seller and Purchaser represent and warrant the following
11 011 Seller and Purchaser have full right and authority to enter into and to execute
this Agreement and to undertake all actions and to perform all tasks required of each
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hereunder. Seller is not presently the subject of a pending. threatened or
contemplated bankruptcy proceeding
11 012 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
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 and/or Seller. if necessary
11.013 The warranties set forth in this Article shall be true on the date of this
Agreement and as of the date of Closing. Purchaser'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.
11.014 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 Seller's ability to sell the Property to Purchaser
according to the terms of this Agreement.
11.015 No party or person other than Purchaser has any right or option to acquire the
Property or any portion thereof
11.016 Until the date fixed for Closing, so 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
11 017 To the best of Seller s knowledge. there are no incinerators. or cesspools on
the Property: all waste. if any. is discharged into a public sanitary sewer system
Seller has no knowledge that any pollutants are or have been discharged from the
Property. directly or indirectly into any body of water Seller has no knowledge 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 has no knowledge that there is ground water
contamination on the Property or potential of ground water contamination from
neighboring properties Seller has no knowledge of storage tanks for gasoline or any
16C7
other substances are or were located on the Property at any time during or prior to
Seller's ownership thereof. Seller represents none of the Property has been used as
a sanitary landfill.
11.018 Seller has no knowledge that the Property and Seller'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
attention 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.
11.019 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.
11.020 Seller has no knowledge that there are any suits. actions or arbitration, bond
issuances or proposals therefor 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 adversely 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
11.021 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 change the zoning or physical condition of the
Property or the governmental ordinances or laws governing same. Seller also agrees
to notify Purchaser promptly of any change in the facts contained in the foregoing
representations and of any notice or proposed 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.
11 022 At the Closing. Seller shall deliver to Purchaser a statement (hereinafter called
the "Closing Representative Statement") reasserting the foregoing representations as
of the Date of Closing. which provisions shall survive the Closing.
ci;
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11.023 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.0 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.
11.024 Any loss and/or damage to the Property between the date of this Agreement
and the date of Closing shall be Seller's sole risk and expense
XII NOTICES
12 01 Any notice request. demand, instruction or other communication to be given to
either party hereunder shall be in writing, sent by registered. or certified mail, return
receipt requested. postage prepaid. addressed as follows
If to Purchaser: Real Property Management Department
Administration Building
3335 Tamiami Trail East -Suite 101
Naples Florida 34112
With a copy to Office of the County Attorney
Administration Building
3299 Tamiami Trail East - Suite 800
Naples. Florida 34112
If to Seller Martin Gaut & Tina Warren
2390 Markley Avenue
Naples, FL 34117
With a copy to
12 02 The addressees and addresses for the purpose of this Article 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 addresses or addressees 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
16c7
XIII REAL ESTATE BROKERS
13 01 Any and all brokerage commissions or fees shall be the sole responsibility of the
Seller Seller shall indemnify Purchaser and hold Purchaser 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 Seller as a real estate broker. salesman or
representative, in connection with this Agreement Seller agrees to pay any and all
commissions or fees at closing pursuant to the terms of a separate agreement, if any
XIV. MISCELLANEOUS
14 01 This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties
14 02 This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties (hereinafter referred to as 'Effective
Date l 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.
14 03 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
14 04 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
14.05 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
14 06 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 shad not be deemed to be a continuing or future waiver as to such provision or a
waiver as to any other provision
14 07 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
14 08 Seller is aware of and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County. Florida
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14 09 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 Chapter 286. Florida Statutes. 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 )
14 10 This Agreement is governed and construed in accordance with the laws of the
State of Florida.
XV CORONAVIRUS (COVID19
15.01 County and Seller acknowledge that the Coronavirus (COVID-19) pandemic may
cause unprecedented impacts to real estate transactions including but not limited to i)
travel restrictions. ii) self-imposed and/or governmental required isolations and iii)
potential closures of offices and institutions required to fund close and record real
estate transactions In the event Covid19 impacts the County s ability to perform Due
Diligence. Cure Title, and/or Close this transaction County and Seller may mutually
agree to extend the Inspection Period, Title Cure Period. and/or Closing Date If in
the County s sole discretion. an extension date is needed, and if County and Seller
cannot agree to the date(s) upon which to extend the Inspection Period, Title Cure
Period. and/or Closing Date then either party may terminate this Contract without
penalty or cost and the parties will have no further obligations to each other.
XVI ENTIRE AGREEMENT
16.01 This Agreement and the exhibits attached hereto contain the entire agreement
between the parties and no promise representation warranty or covenant not included
in this Agreement or any such referenced agreements has been or is being relied upon
by either party 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.
Time is of the essence of this Agreement
(Signatures on Next Page)
Qt
16 c7
IN WITNESS WHEREOF the parties hereto have signed below.
Dated Project/Acquis'tion Ap roved by
BCC t ;L
AS TO PURCHASER:
DATED. I `� ao c)
ATTEST
Crystal K. KiHlel, Clerk
-eif aS GitI..''PDe ut Clerk
signature ar(y.
AS TO SELLER
DATED: 0L' I J(PId ()3 0
WITNESSES.
Kennedy a�ohns en
(Printed Name)
/ �ature)
C0titioLLy ALvLK
(Printed Name)
BOARD OF OUNTY COMMISSIONERS
COLLIER UNTY. �F ORII
BY
Burt L. Saunders Chairman
rtin E Gaut
BY—S�' %1IL
Tina R. Warren
Approved as to form and legality O
r
�Q
Jen A Belpedio Q S�
Assistant County Attorney G�'�
item# kcmil
Agenda
Date L^..L1�'�
Date
Re c'd -__� �._
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EXHIBIT A
Legally described as the West Y2 of the Northwest '/: of the Northwest %, of the Northwest % of
Section 31. Township 49 South. Range 27 East Collier County. Florida. and including the
lawn. trees, shrubbery and landscaping (collectively "the Landscaping") and all non -leased
fixtures (the "Real Property") together with the following items existing on the Real Property on
the Effective Date. built-in appliances and beverage coolers)/dispenser(s), attached lighting
ceiling fan(s) built-in shelving/closet fittings. wall-to-wall carpeting: integrated home
automation audio-visual home entertainment and/or home sound systems including all
operational components and software hurricane/storm shutters and panels and all
components, central vacuum system including hoses intercom system water
softener/purification system built-in home generator security/surveillance system including
cameras drapery rods, television brackets (excluding televisions). decorative shutters and
pool equipment: and (the Real Property and the above items are collectively referred to as the
Property"). and together with the following personal property existing on the Real Property on
the Effective Date refrigerator(s) range(s) dishwasher(s) microwave(s), washer(s). dryer(s).
draperies curtains, blinds, shades and other window treatments. garage door
openers)/remote(s): keys, fobs and other access devices (including to community property).
pool or solar cover. child pool safety fence and automated pool cleaning equipment.
The address of the Property is 2390 Markley Avenue. Naples FL 34117
The PID # is 00337440003
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16C7
EXHIBIT B
A Seller may occupy the Property for six (6) months after the Date of Closing (the
"Occupancy Term").
B. At Closing, the sum of Five Thousand Dollars (55.000) will be withheld by Purchaser
as security for any damages suffered by the Property during the Seller's occupancy
("Security Deposit") The Security Deposit 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 Sellers knowledge 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 Purchasers intention to impose
a claim upon the Security Deposit In the event Purchaser intends to impose a claim
upon a part or all of the Security Deposit. it will provide Seller with an explanation of the
damage an estimate of repair and an accounting of the deposit balance.
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 F (below). provided such repair is not necessitated
by Sellers misuse waste or neglect of the Property or that of anyone on the Property
with Sellers 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. 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
D Seller agrees to pay all utility services as they come due. including electricity.
telephone. gas, cable television. water. sewer and solid waste collection. and shall
arrange for a final billing and payment of same at the time Seller vacates the Property.
Seller 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 landscaping. systems. and
equipment. as defined herein below in clean and working condition at all times Seller
shad 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-
16C7
dryer air conditioning. refrigerator. dishwasher and electric and gas fixtures. provided the
cost of said repairs does not exceed One Thousand Dollars (Si 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 governmental 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 the Term in as
good a condition as of the Effective Date reasonable wear and tear and acts of God
excepted
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, except for
Removable Items. or permit any person to do so The Property shall be conveyed in the
condition it was on the Effective Date except for ordinary wear and tear. Purchaser may
conduct a final walk-through of the Property to confirm that items being conveyed as part
of this Agreement remain on the Property and that Seller has maintained the Property as
required herein
K Seller shall 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. Purchaser may terminate this
Agreement upon twenty (20) days written 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 Fable for any damage suffered by the
Property because of Sellers breach of any of the covenants of this Agreement. and such
termination shall be without prejudice to the Purchasers 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 which policy shall include contents coverage of S100 000. premises liability with
limits of S300.000. and loss of use coverage Purchaser will be named as an additional
insured and the policy premium for the Term of occupancy will be paid in advance at
Closing. Seller will be required to provide a certificate of insurance prior to Closing
f
Jr�i
16C7
M The terms and conditions contained in this Section shall survive Closing and are not
deemed satisfied by conveyance of title.
N. Seller hereby indemnifies. defends and holds Purchaser and its agents. successors
and assigns harmless from and against any and all loss liability. expense. claim. damage
or causes of action incurred by Purchaser (including reasonable attorneys' fees) arising
out of or relating to the acts or omissions of the Seller. its agents employees.
representatives licensees invitees and/or any other person under Sellers control or
acting at Seller s direction its successors and assigns, upon or relating to the subject
Property. except for such loss. liability, expense. claim or damage caused by Purchaser's
gross negligence or willful misconduct.
O Seller and Purchaser agree and acknowledge that this Exhibit B 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.
16 C 7
EXHIBIT C
Seller may remove the following items from the Property ("Removable Items)
Washer/dryer
Outside solar lights
Duck house
Dog run around duck house
Fill dirt purchased
Horse fence panels
Board petitions in horse stalls
In removing the Removable Items. Seller shall exercise due care and ensure that all work is
completed in a reasonable. appropriate professional and workmanlike manner. Seller shall
immediately repair any damage to the Property resulting from Sellers removal of the
Removable Items Removable Items may be removed from Property at any time prior to
expiration of the Occupancy Term Any Removable Items not removed prior to the expiration
of the Occupancy Term shall remain on the Property and may no longer be removed
Lei
INSTR 5939590 OR 5831 PG 14
RECORDED 10/19/2020 9.01 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
PROJECT: Landfill Optimization COLLIER COUNTY FLORIDA
FOLIO: 00337440003 DOC@ 70 52,030 00 REC$27.00
CONS$290,000.00
WARRANTY DEED
THIS WARRANTY DEED is made this 16th day of October, 2020, by Martin E. Gaut and Tina R.
Warren, whose post office address is 2390 Markley Avenue, Naples, FL 34117 (hereinafter referred to
as "Grantor"), to Collier County, a political subdivision of the State of Florida, its successors and
assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter
referred to as "Grantee").
Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument
and their respective heirs, legal representatives, successors and assigns.
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and
other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier
County, Florida, to wit:
See Attached Exhibit "A" which is incorporated herein by reference, and subject to easements,
restrictions, and reservations of record.
Said Lands are not Grantor's Homestead
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said
land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that
the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims
of all persons whomsoever; and that said land is free of all encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and
year first above written.
[THIS AREA INTENTIONALLY LEFT BLANK]
this Conveyance Approved By
The Board Of County
Commissioners
Collier Coun Florida,
Pursumt To4�en is
Date:7-/Y'!_ tem No:
Page 1 of 2
1 6 C 7 F,,
Signed, sealed and delivered in the presence of:
WITNESSES:
66...„----_-_ .. /.Ay S -).640../ii.--
(Signet re) M in E. Gaut
Print Name:rill n j'(1 -toil/H s W,j
ina R. Warren
ait/tr
(si ure) 4
, �,,/4
Print Name: 17 /�/' l"`�v/
Y � y
ACKNOWLEDGMENT
STATE OF
COUNTY OF • Cb tl;r(
The foregoing instrument was acknowledged before me by means of g physical presence or ❑ online
notarization this _lie_ day of Ccober , 2020, by Martin E. Gaut and Tina R. Warren. Such
person(s) (Notary Public must check applicable box):
❑ are personally known to me.
❑ produced her current driver license.
ig produced F-L. DL as identification.
(Notary Seal)
Notary u ^ , _ -
Printed Name of Notary:
Commission Number:
v My Commission Expires:
: ". My ISSION#0d pO 945549
a SOMA STEPHENSON
i
a EXPIRES:January25 2024
1, �' Bonded Thu Notary tic UdenwiNens
Approved as to form and legality
0
Assistant Count Attorney c) \aa`
�
g:12014 standard document forms\deeds\rev2014-warranty deed 050107.doc
Page 2 of 2
1 6 G 7
EXHIBIT A
Legally described as the West '/2 of the Northwest % of the Northwest % of the Northwest 1/4 of
Section 31, Township 49 South, Range 27 East, Collier County, Florida.
The address of the Property is: 2390 Markley Avenue, Naples, FL 34117
The PID # is: 00337440003
13