Backup Documents 12/08/2020 Item #16C12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP b C 1 Z
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Jennifer A. Belpedio, Asst. County Atty. County Attorney
County Attorney's Office 51 i0 k
2. BCC Office Board of County
,4Commissioners S
3. Minutes and Records Clerk of Court's Office /
511-21 Turn
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 Toni A. Mott Phone Number 239-252-8780
Contact/Department
Agenda Date Item was Dec. 8,2020 Agenda Item Number 16C12
Approved by the BCC
Type of Document Fifth Amendment to Agreement Number of Original 1
Attached Documents Attached
PO number or account N/a
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
appropriate. c L (Initial) Applicable)
1. Does the document require the chairman's original signature? l-Ct OV TAM
2. Does the document need to be sent to another agency for additional signatures? �f yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
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
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the TAM
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TAM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE. pi(5So
me documents are time sensitive and require forwarding to Tallahassee within a certaintime frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on Dec.8,2020,and all changes made TAM
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the (�
Chairman's signature. �"`^
u
M.IForms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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16C12
MEMORANDUM
Date: May 11, 2021
To: Toni Mott, Manager
Real Property Management
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Fifth Amendment to the Agreement with GC II, LLC, related
to the Collier County Sports Complex and Event Center
Attached for further processing is a copy of the document referenced above,
(Item #16C12) approved by the Collier County Board of County
Commissioners on December 8, 2020.
The original amendment document will be kept in the Board's Minutes and
Records Department for the official record.
Thank you.
Attachment
16C12
FIFTH AMENDMENT
TO AGREEMENT
414
THIS FIFTH AMENDMENT TO AGREEMENT is entered into this 0 day of
December, 2020, by and between CG II, LLC, a Florida limited liability company (hereinafter
referred to as "Seller"), whose mailing address is 121 S. Main Street, Suite 500, Akron, OH 44308,
and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns,
whose address is 3335 Tamiami Trail East,Naples, Florida 34112,(hereinafter referred to as"County"
or"Purchaser").
WITNESSETH
WHEREAS, the Seller and County have previously entered into an Agreement for Sale and
Purchase ("Agreement") dated December 12, 2017 for a certain parcel of land ("Parcel A") and the
lease/option of a certain parcel of land ("Parcel B"); and
WHEREAS, on May 4, 2018, the County's purchase of Parcel A closed.
WHEREAS,on March 5,2019,the County's purchase of a 4.83-acre portion of Parcel B closed.
WHEREAS, the Seller and County completed a Re-Plat(PL20190000350)through the Collier
County Growth Management Division, which merged the 4.83-acre with Parcel A into one lot and
made other"clean-up" revisions requested for the Collier County Sports Complex and Event Center.
This Re-Plat was approved by the Board of County Commissioners on March 26, 2019 and recorded
on May 1, 2019 at Plat Book 65, Page 94 of the Public Records of Collier County, Florida.
WHEREAS, Section 15.01 of the Agreement, which was to survive closing, provided that
Seller and Purchaser agreed
"that the entire Sports Complex Properties are a base footprint and may vary by
plus or minus ("+ or —") 2.5 acres. For a period of one (1) year after closing,
Purchaser may, based on its final design plans, request an adjustment no greater
than plus or minus ("+ or—") 2.5 acres. Purchaser will be responsible for all costs
of modifying the Plat or Re-Plat and will receive a commensurate refund for any
reduction in land or shall pay the commensurate price for any additional land".
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RBR— 11.17.2020
l C12
WHEREAS, on March 26, 2019,the Seller and County entered into an Amendment to
Agreement, which amended Section 15.01 of the Agreement, by providing that the Purchaser may
acquire a 2.5-acre parcel [154.7 feet x 703.8 feet] ("2.5 Acre Property"), as described in Exhibit"A"
thereto, for$200,000 per acre, and incorporate the Property into the Collier County Sports Complex
and Event Center. Closing was to occur on October 11, 2019 unless Seller extended Closing to
January 10, 2020 by written notice to the Purchaser on or before September 20th, 2019.
WHEREAS, on September 10, 2019,the Seller and County entered into a Second Amendment
to Agreement, which provides for the County's acquisition of 0.345 acres (the east 23.70 feet of Lot
9 according to the Replat of Phase Three) ("0.345 Acre Property") and a 2.10-acre property (the east
130.1 feet of Lot 23 according to the Replat of Phase Three) ("2.10 Acre Property").
WHEREAS, on December 10, 2019,the Seller and County entered into a Third Amendment to
Agreement, which provides for the closing of the purchase and sale of the 0.345 Acre Property and, at
Seller's option, the purchase and sale of either the 2.10 Acre Property (hereinafter "2.10 Acre South
Property) or the east 1.75 acres of Lot 9 according to the Replat of Phase Three ("1.75 Acre North
Property").
WHEREAS, on May 26, 2020, the Seller and County entered into a Fourth Amendment to
Agreement, which provides for the closing of the purchase and sale of the 1.75 Acre North Property.
See, copy of May 26, 2020 Fourth Amendment to Agreement attached hereto as Exhibit "1".
WHEREAS, the Seller and County are desirous of further revising the Agreement as more
particularly provided for herein.
NOW THEREFORE, in consideration of the mutual covenants and obligations provided
within the Agreement, and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Seller and Purchaser hereby agree the Agreement is amended as follows:
Capitalized terms used in this Amendment without definition shall have the respective
meanings attributed thereto in the May 26, 2020 Fourth Amendment to Agreement.
The Closing Date is hereby extended from December 1, 2020 to May 17, 2021.
Purchaser agrees to reimburse Seller for all Lot Split or Re-Plat costs, including but not limited
to surveying, engineering and legal, at Closing.
Except as expressly amended herein the said Agreement between the Purchaser and County
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.
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RBR— 11.17.2020
I6C12
IN WITNESS WHEREOF, the Purchaser and County have hereto executed this Amendment
the day and year first above written.
PURCHASER:
DATED: 5.i t"'z1081-1
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of the COLLIER COUNTY, FLORIDA
Circuit anAdt
ske-OC- I, BY:
fittest as to b 4'' ti k Penn Tay or, C erson
si nature.only.
Approved as to form and legality:
Jennife . Belpedio 1 t b`2,
Assistant County Attor y
SELLER:
DATED: /16V 2 0 'Z 0 2.0
WITNESSES:
Uovkks co CG II, LLC, a Florida limited liability company
(Signature)
M IGle-v2.I le 71\ V NIrISCO BY: /,�v/
(P i Name o eph R. giber, Vice President
ignature)
zue
(Printed Name) Item#
Agenda
Date ESL=
Dated 6•�1��`
Page 3 of 3 � "-
RBR— 11.17.2020 '.�
Deputy Clerk �� OF)
EXHIBIT C '
a
a
FOURTH AMENDMENT
'I() ACREEMENT
THIS FOURTH AMENDMENT T()AGREEMENT is entered into this ok' day of May,
2020, by and between CG II, LI,C, a Florida limited liability company (hereinafter referred to as
"Seller"),whose mailing address is 121 S. Main Street,Suite 500,Akron,OH 44308.and COLLIER
COUNTY,a political subdivision of the State of Florida, its successors and assigns,whose address is
3335 Tamiami Trail Fast,Naples.Florida 341 12,(hereinafter referred to as"County"or"Purchaser").
WI "1'NESSETH
WHEREAS, the Seller and County have previously entered into an Agreement for Sale and
Purchase ("Agreement") dated December 12, 2017 for a certain parcel of land ("Parcel A") and the
lease/option of a certain parcel of land ("Parcel B");and
WHEREAS, on May 4. 2018. the County's purchase of Parcel A closed.
WHEREAS,on March 5,2019,the County's purchase ofa 4.83-acre portion of Parcel B closed.
WHEREAS,the Seller and County completed a Re-Plat(PL20190000350) through the Collier
County Growth Management Division, which merged the 4.83-acre with Parcel A into one lot and
made other"clean-up"revisions requested for the Collier County Sports Complex and Event Center,
This Re-Plat was approved by the Board of County Commissioners on March 26, 2019 and recorded
on May I,2019 at Plat Book 65, Page 94 of the Public Records of Collier County, Florida.
WHEREAS, Section 15.01 of the Agreement, which was to survive closing, provided that
Seller and Purchaser agreed
"that the entire Sports Complex Properties are a base footprint and may vary by
plus or minus ("+ or --") 2.5 acres. For a period of one (1) year after closing,
Purchaser may, based on its final design plans. request an adjustment no greater
than plus or minus ("+ or—") 2,5 acres. Purchaser will be responsible for all costs
of modifying the Plat or Re-Plat and will receive a commensurate refund for any
reduction in land or shall pay the commensurate price for any additional land".
WHEREAS, on March 26, 2019, the Seller and County entered into an Amendment to
Agreement, which amended Section 15.01 of the Agreement, by providing that the Purchaser may
acquire a 2.5-acre parcel [154.7 feet x 703.8 feet] ("2.5 Acre Property"), as described in Exhibit "A"
Page 1of4
RBR -5.04.2020
16C12
thereto, for$200,000 per acre, and incorporate the Property into the Collier County Sports Complex
and Event Center. Closing was to occur on October 11,2019 unless Seller extended Closing to January
10,2020 by written notice to the Purchaser on or before September 20`h,2019. See copy of March 26,
2019 Amendment to Agreement attached hereto as Exhibit "1"
WHEREAS,on September 10,2019, the Seller and County entered into a Second Amendment
to Agreement, which provides for the County's acquisition of 0.345 acres (the cast 23.70 feet of Lot
9 according to the Replat of Phase Three) ("0.345 Acre Property") and a 2.10-acre properly (the east
130.1 feet of Lot 23 according to the Replat of Phase Three) ("2.10 Acre Property"). See copy of
September 10, 2019 Second Amendment to Agreement attached hereto as Exhibit "2".
WHEREAS,on December 10, 2019.the Seller and County entered into a Third Amendment to
Agreement, which provides for the closing of the purchase and sale ot'the 0.345 Acre Property and. at
Seller's option, the purchase and sale of either the 2.10 Acre Property (hereinafter "2.10 Acre South
Property) or the cast 1.75 acres of Lot 9 according to the Replat of Phase Three ("1.75 Acre North
Property"). See, copy of December 10, 2019 Third Amendment to Agreement attached hereto as
Exhibit "3".
WHEREAS, the Seller and County are desirous of further revising the amended Section 15,01
to provide for the purchase and sale of only the east 1.75 acres of Lot 9 according to the Replat of
Phase Three ("1.75 Acre North Property"). See, sketch and legal description of the 1,7.5 Acre North
Property attached hereto and incorporated herein as Exhibit "4".
NOW 'THEREFORE, in consideration of the mutual covenants and obligations provided
within the Agreement, and other valuable consideration, Section 15.01 is hereby amended in its
entirety to:
Capitalized terms used in this Amendment without definition shall have the respective
meanings attributed thereto in the December 10, 2019 Third Amendment to Agreement.
Seller and Purchaser agree that any right to purchase and any obligation to sell the 2.10 Acre
South Property is hereby terminated.
Seller and Purchaser agree that the Purchaser may acquire the 1.75 Acre North Parcel for
$200,000.00 per acre, equal to 'Three Hundred Fifty Thousand Dollars ($350.,000.00), to incorporate
into the Collier County Sports Complex and Event Center. Closing shall occur on or before December
I, 2020. Prior to Closing, Seller shall complete a Lot Split or Re-Plat through the Collier County
Growth Management Division which will establish the boundaries of the 1,75 Acre North
Property. Purchaser acknowledges that a Lot Split or Re-Plat must be commenced by Seller long
before the Closing Date to be completed timely. Purchaser agrees to reimburse Seller for all Lot Split
Page 2 of 4
RBR—5.04.2020
1 C12
or Re-Plat costs, including but not limited to surveying,engineering and legal,at Closing. If Closing
does not occur before or on December 1, 2020,the Purchaser will make reimbursement to Seller no
later than December 30,2020.
Except as expressly amended herein the said Agreement between the Purchaser and County
remains in full force and effect according to the terms and conditions contained therein,and said terms
and conditions are applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the Purchaser and County have hereto executed this Amendment
the day and year first above written.
DATED: / o laad()
ATTEST: BOARD OP COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of the COLLIER COUNTY, FLORIDA
Circuit Couct\'-?' ' "
BY: 444.14%....,e3te.osaa.-
-
cork Burt L. Saunders,Chairman
F iiC"st as to •
-;nitwe only,.
Approved as to'form and legality:
.len er A. Belpedli.
Assistant County Attu ley
Page 3 of 4
RBR—5.04.2020
I 6 C 1 2
AS TO SELLER:
DATED: 711c7. C
Vs,FINESSES:
1,, (G IL LLC,a Florida limited liability company
ighature) /
" e 7 ,)re/09 s it BY: ly,11;1/S (1 z 1:\',7
(Printed Name) /10 ph fti Weber.Vice President
(Siiiisture)
- C
(Printed Name)
Page 4 of 4
RBR 5.04.2020