Agenda 09/08/2020 Item #14B2 (Del's Corner Purchase Agreement)09/08/2020
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting as the Community
Redevelopment Agency Board (CRA) approve an Amendment to Agreement for Sale and Purchase
with Theresa Ackerman to acquire Del’s Corner requesting an extension to the closing date and
include the option for Purchaser to waive contingency terms.
OBJECTIVE: To acquire Del’s Corner, located in the Bayshore Gateway Triangle Community
Redevelopment Area. To amend an Agreement for Sale and Purchase with Theresa Ack erman (Seller) to
extend the time for Closing of the transaction and waive the contingency of the Mini-Triangle Property
sale.
CONSIDERATIONS: On May 26, 2020, Agenda Item 14.B.1, the Board of County Commissioners
(Board) acting as the Collier County Community redevelopment Agency Board (Purchaser), approved an
Agreement for Sale and Purchase (Agreement) with Theresa Ackerman (Seller) to purchase Del’s Corner
for $2,118,000.
Per the Agreement for Sale and Purchase, the closing date was scheduled on or b efore September 23,
2020. Due to additional due diligence requirements, Purchaser is requesting to extend the time of Closing
of the transaction for thirty (30) days up to and including October 23, 2020 and authorize the Manager of
Real Property Management or designee to enter into an additional thirty (30) day extension if necessary
without further approval by the Board of Collier County Commissioners.
The Agreement is also being amended to give Purchaser the option of waiving the contingency terms of
Section 1 of the Agreement which stated the sale was contingent on the CRA closing on sale of the 5.27
acre site (commonly referred to as the Mini-Triangle Property). If the Board approves the Mini-Triangle
extension agreement, then the additional earnest money included with the extension will provide
sufficient funding to complete the Del's Corner purchase. The remainder of the Agreement for Sale and
Purchase remains in full force and effect.
The Amendment to Agreement for Sale and Purchase has been reviewed and approved by the County
Attorney’s Office. The location map is attached for reference.
FISCAL IMPACT: There is no additional fiscal impact as a result of this Amendment to Agreement for
Sale and Purchase.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board action. - JAB
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the attached Amendment to Agreement for Sale and Purchase and accept the
Warranty Deed once it is received and approved by the County Attorney’s Office;
2. Authorize the Chairman to execute the Amendment to Agreement for Sale and Purchase and
any and all other County Attorney’s Office approved documents related to this purchase;
3. Authorize staff to prepare related payment packages and/or requisitions;
4. Direct the County Manager, or his designee, to proceed to acquire the Property, to follow all
appropriate closing procedures, and to record the Deed and any and all necessary documents
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09/08/2020
to obtain clear title to the Property in the Public records of Collier County, Florida; and
5. Approve any necessary budget amendment which may be required to carry out the collective
will of the Board.
Prepared By: Sonja Stephenson, Senior Property Acquisition Specialist, Facilities Management Division
ATTACHMENT(S)
1. Amendment to Agreement for Sale and Purchase (PDF)
2. Agreement for Sale and Purchase (PDF)
3. Location Map (PDF)
14.B.2
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09/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 14.B.2
Doc ID: 13375
Item Summary: Recommendation that the Board of County Commissioners, acting as the
Community Redevelopment Agency Board (CRA) approve an Amendment to Agreement for Sale and
Purchase with Theresa Ackerman to acquire Del’s Corner requesting an extension to the closing date and
include the option for Purchaser to waive contingency terms.
Meeting Date: 09/08/2020
Prepared by:
Title: Property Acquisition Specialist – Facilities Management
Name: Sonja Stephenson
08/28/2020 10:41 AM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
08/28/2020 10:41 AM
Approved By:
Review:
Facilities Management Damon Grant Director - Facilities Completed 08/28/2020 11:14 AM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 08/28/2020 12:49 PM
Facilities Management Toni Mott Additional Reviewer Completed 08/28/2020 1:00 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 08/28/2020 1:43 PM
County Manager's Office Debrah Forester Additional Reviewer Completed 08/28/2020 4:10 PM
Corporate Business Operations Sean Callahan Additional Reviewer Completed 08/31/2020 9:42 AM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 08/31/2020 10:00 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/31/2020 1:09 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Skipped 08/31/2020 2:27 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/31/2020 2:52 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/01/2020 8:15 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 09/01/2020 5:13 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/02/2020 8:41 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/08/2020 9:00 AM
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Project: Del's Corner
Folio No(s): 52600080009
52600120008
52600160000
AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE
THIS AMENDMENT TO AGREEMENT is entered into this _ day of _,2020
by and between THERESA ACKERMAN, a widow (hereinafter referred to as "Seller"),
whose mailing address is 5610 Cynthia Lane, Naples, FL34112 and COLLIER COUNTY,
a political subdivision of the State of Florida, its successors and assigns, whose address
is 3335 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as "Purchase/').
WITNESSETH
WHEREAS, the Seller and Purchaser have previously entered into an Agreement
for Sale and Purchase dated May 26,2020 (the "Agreement").
WHEREAS, the Seller and Purchaser desire to amend the Agreement to extend
the closing and include the option for Purchaser to waive a contingency.
NOW, THEREFORE, and for and in consideration of the premises and the
respective undertakings of the parties hereinafter set forth, Purchaser and Seller wish to
amend the Agreement as follows:
1. Section I of the Agreement is amended as follows:
Closing is contingent to Purchaser closing on lhe 5.27 acres of property also
owned by Purchaser and located at 1 936 Davis Blvd. (Folio No. 77510240008),
1933 Tamiami Trail East (Folio No. 77510200006), 1965 Tamiami Trait East
(Folio No. 00388480009), 1991 Tamiami Trail East (Folio No. 00388440007),
2000 Davis Blvd. (Folio No.77510280000),2054 Davis Btvd. (Fotio No.
77510320009), Naples, FL 34112 as set forth in the Real Estate Purchasing
Agreement between Purchaser and Real Estate Partners lnternational, LLC.,
effective May 9, 2016, as amended or othenvise supe rseded. However, should
Purch aser desire to waive this continoencv throuoh its Manaoer of the Real
Propertv Manaoement or desi qnee it mav do so.
2. Section lll of the Agreement is amended to add the following:
The time for closinq of the transaction shall be extended for an additional
period of thirtv (30) davs. uo to and in cludinq October 23. 2020. Purchaser
shall have an additional thi rtv (3 0 )da for the inso ection riod in Section 6oe
("lnspection Period"). up to and i ncludinq October 23.2020. The Manaqer of
the Real ProDertv Manaoeme nt or desiqnee is authorized to enter into an
additional thirtv (30) dav extension on behalf of the Countv without further
approval bv the Board of County Commissioners until and includinq November
22,2020. Purchaser shall have an additional thirty (30) davs for the inspection
n eriod in Section 6 November 22
Page 1of 2
2020
("lns ne ction Period',)u n to and includin o
@
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Packet Pg. 236 Attachment: Amendment to Agreement for Sale and Purchase (13375 : Del's Corner - Amendment to Agreement for Sale and Purchase)
3. Except as expressly provided herein, the Agreement remains in full force and effect
according to the terms and conditions contained therein, and said terms and
conditions are applicable hereto except as expressly provided otherwise herein.
lN WITNESS WHEREOF, the Purchaser and Seller have hereto executed this
Amendment the day and year first above written.
lN WITNESS WHEREOF, the parties hereto have signed below.
ProjecUAcquisition Approved by BCC:_
AS TO PURCHASER:
DATED:
ATTEST:
CRYSTAL K. KINZEL, Clerk
, Deputy Clerk
AS TO SELLER:
DATED: Z.A8 .ADAO
WITNESSES:
(s ignature)
fio, A-
Printed Name)
.-/i.r"u* t rtFPftcN SotJ
(Printed Name)
Approved as to form and legality
Jennifer A. Belpedio, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Burt L. Saunders, Chairman
B
Theresa Ackerman
Paae 2 of 2
a o9 ^,g\"
e0a
0
YMrrtl-
(Signature)
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Packet Pg. 237 Attachment: Amendment to Agreement for Sale and Purchase (13375 : Del's Corner - Amendment to Agreement for Sale and Purchase)
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Packet Pg. 238 Attachment: Agreement for Sale and Purchase (13375 : Del's Corner - Amendment to Agreement for Sale and Purchase)
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Packet Pg. 239 Attachment: Agreement for Sale and Purchase (13375 : Del's Corner - Amendment to Agreement for Sale and Purchase)
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Packet Pg. 240 Attachment: Agreement for Sale and Purchase (13375 : Del's Corner - Amendment to Agreement for Sale and Purchase)
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Packet Pg. 241 Attachment: Agreement for Sale and Purchase (13375 : Del's Corner - Amendment to Agreement for Sale and Purchase)
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Packet Pg. 242 Attachment: Agreement for Sale and Purchase (13375 : Del's Corner - Amendment to Agreement for Sale and Purchase)
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Packet Pg. 243 Attachment: Agreement for Sale and Purchase (13375 : Del's Corner - Amendment to Agreement for Sale and Purchase)
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Packet Pg. 244 Attachment: Agreement for Sale and Purchase (13375 : Del's Corner - Amendment to Agreement for Sale and Purchase)
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Packet Pg. 245 Attachment: Agreement for Sale and Purchase (13375 : Del's Corner - Amendment to Agreement for Sale and Purchase)
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Packet Pg. 246 Attachment: Agreement for Sale and Purchase (13375 : Del's Corner - Amendment to Agreement for Sale and Purchase)
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Packet Pg. 247 Attachment: Agreement for Sale and Purchase (13375 : Del's Corner - Amendment to Agreement for Sale and Purchase)
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Packet Pg. 248 Attachment: Agreement for Sale and Purchase (13375 : Del's Corner - Amendment to Agreement for Sale and Purchase)
Location Map – Del’s Corner
DEL’S CORNER
14.B.2.c
Packet Pg. 249 Attachment: Location Map (13375 : Del's Corner - Amendment to Agreement for Sale and Purchase)