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Backup Documents 09/13/2022 Item #16C 9ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU& f r Print on ink paper. r. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office P P 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 excce tion of the Chairman's signafire draw a line Tough routing lines # 1 throw #2 complete the checklis and forward to the Colin Attorn,ey Office. Route to Addressees (List in routing order) Office Initials Date 1. County Attorney Office Coun Attorne RT�I ri y� /�9r9_ �» 2. BCC Office 3. Minutes and Records 9,w 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 mif Board of County Commissioners Clerk of Court's Office Name of Primary Staff ssm orma mon. h Cindy M. Erb Phone Number 239-252-8917 Contact / Department Agenda Date Item was Approved by the BCC aid 13 U zZ Agenda Item Number Type of Document Number of Original Attached Documents Attached % PO number or account Acco t: Fund Cost Center number if document is Object Code 649030, Project to be recorded T<1VC9rnrTr11r7d'%1.T0 o_ j"xyv,.. t Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes appropriate. Initial I. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, 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 Attorne . 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 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 a applicable. ,,,1 A2 � 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signafore and initials are required. 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 time frame or the BCC's actions are nullified. Be aware of our deadlines! 8. The document was approved by the BCC on Q 13 Z Z ,and all changes -2,D made during the meeting have been incorporated in the attached document. The CountV 's Attorne Office has reviewed the changes, if applicable. V1" 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 sijznature. N/A (Not Applicable N/A N/A N/A N/A I: Forms/ 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 Memorandum TO: Minutes & Records FROM: Cindy Erb, Property Acquisition Specialist, Sr., Real Property Management DATE: September 13, 2022 RE: Conservation Collier — Panther Walk — Pena This item was accepted by the BCC on September 13, 2022, Agenda Item 16C9. Please attest to Commissioner McDaniel's signature as Chairman on the Agreement for Sale and Purchase. Once attested, please forward a copy of the Agreement for Sale and Purchase, by email, for my files. Please contact me if you have any questions or comments at Extension 8917. Thank you! Ann P. Jennejohn From: Sent: To: Subject: Attachments: Hi, For your records. Thanks, Ann P.lennejohn Tuesday, September 20, 2022 3:37 PM erb c Pena Agreement for Sale and Purchase Pena Agreement for Sale and Purchase.pdf Ann Jenne, joAn BMR SeKior Deputy Clerk II Clerk to the Value Adjustment Board Office: 23 9 -252 -8406 Fax: 239-252-8408 (if applicable) Ann.JeKnn-ioAndCollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 32.99 Tamiami Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.com i CONSERVATION COLLIER U U TAX IDENTIFICATION NUMBER: 38846440003 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between JOHN R. PENA, a single man, whose address is 13721 SW 13th Street, Miami, FL 33184, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 102, Naples, FL 34112, (hereinafter referred to as "Purchaser"). W I T N E S S E T H WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", 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. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon 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 Fifty -Two Thousand Dollars and 00/100 dollars ($52,000.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before two hundred and forty (240) 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, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38846440003 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 Internal 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 negotiable instrument (County Warrant) in an amount equal to the Purchase Price. 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. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 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. .10 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38846440003 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, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) 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 thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens 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 thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens 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 thirty (30) 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 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. 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 adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit 'A" unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an y U CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38846440003 improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, 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 Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) 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 use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, 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. 5.03 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. t_ CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38846440003 Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VI11. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2021 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 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. 9.02 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. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 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 hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 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 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER. 38846440003 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. 10.013 The warranties set forth in this paragraph 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. 10.014 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. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 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. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents 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 represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any 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 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or n 1C'�[.J3 1 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38846440003 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. 10.019 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. 10.020 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. 10.021 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. 10.022 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. 10.023 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 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38846440003 be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 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. 10.024 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. X1. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8917 Fax number: 239-252-8876 If to Seller: John R. Pena 13721 SW 13th Street Miami, FL 33184 Telephone number: Fax number: N/A 11.02 The addressees and numbers 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. CONSERVATION COLLIER TAX IDENTIFICATION NUMBER. 38846440003 XII. REAL ESTATE BROKERS 12.01 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. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties 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. 13.03 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. 13.04 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. 13.05 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. 13.06 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 shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 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. 13.08 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. r,r 1C° CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38846440003 13.09 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.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 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. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: 13 7-07-2 AS TQ PURCHASER: ��� n ''ATT�ST: i'STA'L K.'KINZEL, Clerk of the Gt Crptjrt and Comptroller A., Est as to, Chairman's Deputy Clerk Appro o f rm nd I" ty: Ronald T. Tomasko, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: WILLT L. MCDANIEL, JR., Chairman 44 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 3884644000i AS TO SELLER: DATED: - -71a j 4- WITNESSES: (Signature) r (Printed Name) (Signature) (Printed Name) A�K AHN R. PENA CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38846440003 EXHIBIT "Al" PROPERTY IDENTIFICATION NUMBER: 38846440003 LEGAL DESCRIPTION: THE WEST 150 FEET OF TRACT NO. 78, GOLDEN GATE ESTATES, UNIT 42, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 2.27 acres INSTR 6362913 OR 6215 PG 1088 C RECORDED 2/13/2023 12:56 PM PAGES 8 ' • • • • • CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$69.50 IN THE CIRCUIT C('URT OF THE TWENTIETII JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA IN RE: ESTA•'E OF ) Probate Division ROY RAYM ND HOBSON. ) File No. 95-1095-CP-02- ) • DECE SED. ) ETITiON FOR ANCILLARY LEI-MRS OF ADMINISTRATION Pe ► ►ner. ZOE WANDA HOBSON, an individual and wife of the decedent. having a principal rAidence and domicile at 330 Forest Lawn Blvd., Marion. OH 43302, alleges: 1. Roy Raymond Hobson died on July 8. 1995. at Marion. Ohio, leaving a last will and testament dated De:ember 7. 1976. which were duly executed in the presence of the following two prescribing witness. respectively: Lois Jean i3arnhouse and Walter D. Moory. 2. The decedent at the time of his death was domiciled in Marion. Ohio, and owned certain property in the State of Florida. consisting of real property situated in Collier County. Florida. having a value less than S6.000.00. 3. The will of the decedent was duly admitted to record in the Probate Court of Marion County. Ohio. by order dated July 13, 1995. that court having probate jurisdiction at the domicile of decedent. 4. Petitioners attach as Exhibit "A" a duly authenticated transcript of the appropriate portions of the domiciliary proceedings pursuant to Rule 5.470 of the Florida Rules of Probate and Guardianship Procedure. 5. The names, relationships, and residences of the beneficiaries of the decedent arc as Ibllows: ZOE WANDA HOBSON Spouse 330 Forest Lawn Blvd., Marion, Ohio 43302 6. Petitioner is the domiciliary personal representatives. 7. Petitioner, ZOE WANDA HOBSON. wife of eze decedent is qualified to act as a personal representative in this estate under the laws of Florida. I,Crystal K.Kinzel,Clerk of Courts in and for Collier County do hereby certify that the above instrument is a true and correct copy of the original filed in Collier County,Florida. t By: flit Kathi Kelly,Deputy Clerk Date: Jan 17 2023 i bC 9 9. WI IEREFORE, petitioner asks that the will be admitted to probate and record in Collier County. Florida and that ancillary letters of administration be issued to ZOE WANDA IIOBSON. - r Under,penalties of perjury. I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief. 1 • • !ZOE WANDA IIOBSON ''Executrix. Estate of Roy Raymond Hobson • LAW OFFICES O WILLI M 4ORRIS BY: �I William-G. Morris, quir FLt•Ba>rt#a2 C613 Attorney for Personal Representative 247 No. Collier Blvd. P.O. Box 2056 - Marco Island. FL 33969 (813) 642-6020 w�l liatu ur my 16C , . ITEM II. If she survives me, I give, devise and bequeath all of the propert of which I die seized, whether real or personal and wheresoever situate, unto my beloved wife, Zoe Wanda Hobson. ITEM III. Should my wife, Zoe Wanda Hobson, not survive me or should we die as the result of a common accident, then I give, devise and bequeath ell of the property of which I die seized, whether real or personal and wheresoever situ- ate, unto my son, William Giles Hobson, presently of Marion, Ohio, and my stepson, Freddie Leigh Arcuri, presently of Ypsilanti, Michigan, equally, providing they both survive me. Should one precede me in death, then I give my entire estate to the one that survives. • ITEM IV. I hereby make, nominate and appoint Zoe Wanda Hobson to be the executrix of this my Last Will and Testament. If for any reason she does not serve, then I make, nominate and appoint my brother-in-law John Murray, Sr. , presently of Marion, Ohio, as alternate executor. I request that neither my wife nor my said brother-in-law be required to furnish bond as such fiduciary. I hereby authorize and empower my fiduciary to compound, compromise, settle and adjust all claims and demands in favor of or against my estate. I give to my fiducia y full power to sell, without order of court, at public or private sale, and upon such terms of credit or otherwise, as he may deem best, and for such purpose and price as he may deem proper and without regard to the condition of my estate, the whole or any part of my real or personal property, and to execute, acknowledge and deliver deeds and other proper instruments of con- veyance thereof to the purchaser or purchasers. IN WITNESS WHEREOF I have hereunto set my hand at Marion, Ohio, this seventh day of December, 1976. /fel "4".e.el7L—, J Signed by the said Roy Raymond Hobson and by him acknowledged to he his Last Will and Testament before us and in our presence, and by us subscribed as at- testing witnesses in his presence, and at his request, and in the presence of each other, this seventh day of December, 1976. 62 0u42.2/ residing at • residing at *** OR: 2118 PG: 0 xx* P.r.C7 ATE COURT STATE CF CI:'i.`.1.:V1CCUMY laz`YC`Ut:.nr.sr:YdCI nil as a„rj ¢:;.::.1bF4 Can* tm T__-iat;.id.004S...� ON 7,11:e tt >,:rpCargr.� . . 1 6 •C $ :4110 • • �1'!s¢ry Baor..eas,Pususwtas,5reiracrier0. Own .7 e.1 rE co PROBATE COURT OF Marion _ COUNTY, OHIO • '�fj4 vJ( ESTAVEOF Roy Raymond Hobson , f<<` I. • 'DECEASED - . (: ;; • Case No. •; Docket Page APPLICATION FOR AUTHORITY 70 ADMINISTER ESTATE (R, C. Secs. 2113.01 — .07 2109,02 — .09) [For Executors an I all Administrators;attach supplemental application for. ,-tcillary administration, if applicable] Applicant says that decedent died on July' 8 , 1995 Decedent's domicile was 330 Forest Lawn Blvd. Street address Marion Marion City or Village,ar Township rt unincorporated area County - -.- Marion OH 43302 Post Oftace State _ Zip Gaae - Applicant asks to be appointed Executor of decedent's estate. [Check whichever of the. following are applicable] -❑ To applicant's knowledge, decedent did not leave a Will - L'J Decedent's Will has been admitted to probate in this Court -El A supplemental application for ancillary administration is attached. Attached is a list of the surviving spouse, next of kin, legatees and devisees known to applicant, which list includes those persons entitled to administer the estate. Tree estimated value of the estate is: Personal property 5 Annual real estate rentals $ Subtotal, personalty and rentals S _ Real estate $ 35 , 000. 00 Total estimated estate 5 _ 35 ,000. 00 Applicant owes the estate S The estate owes applicant $ [Check one of the following tour paragraphs] Llx Applicant says that decedent's Will requests that no bond be required of him, and therefore asks the Court to dispense with bond. [] Applicant is a trust company duly qualified ;n Ohio, and bond is disp^r.sed with by kw. r �O FORM 4.0 •APPLICATION FOR AUTHORITY TO ADMINISTER ESTATE 1OC 9 0 Applicant says that he is decedent's surviving spouse. and is entitled to the entire net proceeds of the estate, and that bond in respect of his appointment as administrator of decedent's estate is therefore dispensed with by law. 0 Applicant offers the attached bond in the amount of $ • Applicant accepts the duties of fiduciary in the estate, imposed by law,and such additional duties as may be required by the Court. Applicant acknowledges that he may be removed as fiduciary for failure to perform such duties as required, and also acknowledges that he may be subject to criminal penalties for improper conversion of any property held as fiduciary. At for Applicant Applicant Theodore A. Parsell (00002506) Zoe Wanda Hobson � Typed or Printed Name Tyoed or Printed Name 130 S. Main St P. 0. Box 499 330 Forest Lawn Blvd. ��_____•_.._. Marion, OH 43301-0499 Marion, OH 43302 614/382-1158 614/389-3927 - Phone NriFg%(umw0e area eooe) -• Phone Number 1inciude area cuoel WAIVER OF RIGHT TO ADMINISTER The undersigned, being persons entitled to administer decedent's estate, and whose priority of right to do so is equal or superior to that of applicant, hereby waive appointment to administer the estate. ENTRY SETTING HEARING AND ORDERING NOTICE The Court sets at _o'clock .M. as the date and time for hearing the application for authority to administer decedent's estate. The Court orders notice to take or renounce administration to be given those persons entitled to administer decedent's estate, whose ' priority of right to do so is equal or sup' for to that of applicant, and who have not waived appointment to administer the estate. Date Probatsoudge ~•• • • l0C 9 •.• . alt t f81:1111l 05,Puff 1•...1►..J►•I•IL, • PROBATE COURT OF Marion COUNTY, OHIO, ESTATE OF Roy Raymond Hobson i sqg tll , O ED Case No. 95-44714 Docket Page • r/,1. 17Y,G.ik.• ENTRY APPOINTING FIDUCIARY; LETTERS OF AUTHORITY [For Executors and all Administrators] Name and Title of Fiduciary Zoe Wanda Hobson, Executor On hearing in open court the application of the above fiduciary for authority to administer decedent's estate. the Court finds that: Decedent died [check one of the following] •Cxl testate -El intestate •on July 8, 1995 domiciled in the City of Marion [Check one of the following] -I 'Bond is dispensed with by the Mil - r7 Bond is dispensed with by law- 0 Applicant has executed and filed an appropriate bond, which is approved by the Cowt: and Applicant is a suitable and competent person to execute the trust. The Court therefore appoints applicant as such fiduciary, with the power Coil frlried by law to fully admutr.tl decedent's estate. This entry of appointment constitutes the fiduciary's letters of authority. July 13, 1995 /s/ Thomas K. Jenkins Date Probate Judar CERT1FICAIE )F APPOINTMENT AND INCUMBENCY The above document is a true copy of the or ginal kept by me as custodian of the records r,f this Court. It constitutes the appointment and letters of authority of the named fiduciary, who is qualified and acting in such capacity. Thomas K. Jenkins Probate Jude/Clerk [Stall Deputy Clem July 13, 1995 Dale t`ORM 4.5-ENTRY APPOINTING FIDUCIARY;LETTEROOF AUTHORITY • 16C 9 . . ile S. RE/MAX RESULTS REALTY 813-394-8118 07/01/95 WILLIAM DUFFY ML : 506491 EC: P.RR AR : 18 SUBAR: 1 STATUS: A /LOT AD : 60TH AVENUE NE /NE TYPE: GGESTATE UN: 42 LP: $ 5900 CT : CCLLIER PN: 38846440003 PN2 : PA: $ SC :*31 TN: *47 RG: *28 ZN : EST ZP: USECODE: *00 LG1:*GOLDEN GATE EST UNIT 42 W 150FT OF TR 78 OR 315 PG 245 LG2 : S# : *074400 SD : *GOLDEN GATE EST UNIT 42 DV: GG-EST TX : $* 34 TXYR: *94 #IM: 0 GENERAL INFORMATION USAGE: SINGLE / LT : 150X660X150X660 ACRES: 2 .270 RF: 150 SF 99000 #PARC: 1 MN: 1000 RX : S ELEV: LOCAT: E-CR951 /REMARKS / / ROAD : PAVED /REMARKS / TREES: / / GRND : / WTRFR: NONE / / / WTRVW: / WTRAC: / / / CANAL: REM:TERRIFIC PRICE FOR 2 .27 ACRES . HAS ELECTRICITY. ROAD IS COARSELY PAVED. LOCATED ON SOUTH SIDE OF 60TH AVE NE C 4/10 MILE WEST OF EVERGLADES BLVD. ADDITIONAL INFORMATION SUBDV: HORS-PERM/ / / / / / DOCK : / / / / ACCOM: MISC : / / / / / / DOCMT: / / / / / / UTILITY INFORMATION UTAVL: ELEC /PHONLINE/TRASHREM/ / / / WTR : NONE / SWR: NONE / FINANCIAL INFORMATION TRMS : BUYER / / / 1M : $ 1MTG : / MGEE : 2M : $ AF .t $ AVYR: ASVAL: $ ASMT: $ OFFICE INFORMATION PUBID: 700555 LS : DUFFY, WILLIAM OPH : 941-394-8118 APH: 941-353-3997 LTYPE: ER JA: N ON : HOBSON FAX : 941-394-0118 2PH: COSA : 0 COBA: 5 .01; COTA: 5 .01; VAR : N BO : $ SPEC : ENV-RESTRC/ / POSS: ATCLOSE / SHOW : SIGNPROP / LD : 07/01/95 SUPP : / --- INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED --- 07/01/95 12:08 PM G'o WITNESSETH; 1 6 C 9 1. The Owner hereby ives the AGENCY the EXCLUSIVE RIGHT Afl AUTHORITY TO SELL that certain real and personal property (-Property")describe(below, for a,l�periodof time commencing on the 1�///- day of re, Y4 19`f,s,("CommencomonlDat©), and terminating the I% day of '.wZ r ,19 q'6 or any renewal hereof,("T rmination Date"). (The Termination Date shall be two hundred seventy(270)dayeetrorrl the Contract Date in the event no fixed date is inserted in the preceding blank). a.Legal Description Golden Gate Estate:; Unit 42r. West 150 ft. of Tract 78 - (60th Ave. t'r.E. ) Collier Court eye_ Florida b.Address(if improved property): n/a c. Property Tax I.D.Number 3 6 84 6 4 4 0 00 3 d.Personal Property(if appropriate,attach inventory): n/a 2. The EXCLUSIVE RIGHT AND AUTHORITY TO SELL shall be for the following price and terms,or upon any other price,or terms or • exchange to which the Owner may hereafter consent: • a.PRICE: 5,900.00 • b.TERMS: (i) X Cash(the terms shall be cash unless the financing section below is completed). • (ii) Owner Financing (iii) Current mortgage assumable: Note and first mortgage amount: S Approximate Loan Amount: S Note and second mortgage amount: S Current Interest Rate: Interest rate per year: Balloon Payment: S Amortized: Mortgagee: Balloon payment after months. Loan Number: 3.In consideration of the granting of this EXCLUSIVE RIGHT AND AUTHORITY TO SELL,the AGENCY agrees as follows: a.To become Informed about the Property. b.To direct an earnest and continued effort of the AGENCY in promoting the sale of the Property. c.To advertise the Property as the AGENCY deems advisable in newspapers,publications and other media. d.To process and distribute the information regarding this listing as the AGENCY deems advisable to other real estate brokers and to furnish at all times additional and proper information req Jested byany other real estate broker and to assist cooperating brokersinclosing a transaction on the Property when requested. AGENCY ii)(X shall(2)O shall not(if no box is checked(1)shall be deemed to apply) enter this listing into the Multiple Listing Service within five(5)business days of the Commencement Date. If the listing is entered Into the Multiple Listing Service,Owner authorizes the AGENCY to provide timely notice of status changes of the listing to the Multiple Listing Service,to provide the closed sales price to tee:Multiple Listing Service upon sale of the Property,and to provide pending sales information(excluding price)to the Multiple Listing Service. Owner grants to the AGENCY the right to authorize the Multiple Listing Service to disseminate this information to its participating offices. e.To promptly pay the procuring broker entitled to a commission,who participated in the sale of the Property,for their services alter receipt by the;AGENCY of the real estate commission provided for herein. f. To keep the Owner informed as to the progress being made toward a sale and closing on the sale of the Property. g.To take reasonable precautions to prevent damage In the process of showing the Property or permitting others to show the Property. 4.That in consideration of the obligations of the AGENCY,the Owner agrees: a.To pay the AGENCY,at the time of closing the s; le of.he Property and from the disbursement of the proceeds of said sale. compensation In the amount of greater of $500 or 10%of the gross purchase price for AGENEY's services by finding a buyer ready,wilting and able to purchase the Property pursuant to this Contract. If the proceeds of the sale are not sufficient to pay tee commission,then Owner's separate funds shall be used to satisfy said commission at closing. If the transaction shall not be closed because of refusal,failure or inability of the Owner to per10111 ,the Owner shall pay the said commission in full to the RGENCY upon demand:however,in the event Owner fails to pay such camnession alter demand by AGENCY,Owner hereby grants to AGENCY,and AGENCY shall have,the right to place a lien on the real property described herein,which lien can be foreclosed in the same manner as a mortgage on real property. In such event,this contract shall not be terminated,but shall continue in full force and effect until the termination date set forth above. In the event that de,ros'ts are retained by the Owner,fifty percent(50%)thereof,but not exceeding the compensation above provided,shall be paid to the AGENCY as full consideration for AGENCY'S services,including costs expended by AGENCY,and the balance shall be paid to the Owner. In addition to the compensation provided for herein,the Owner shall pay all federal,state and local sates taxes that may he due for the AGENCY'S services. b.Unless the Owner Is a party to a valid Exclusive Right to Lease Agreement for the Properly,if the Property is rented during the term of this Contract,Owner shall pay to AGENCY a leasing fee of n/a .The fee sc,all be paid to AGENCY when AGENCY,Owner, or anyone working by or through AGENCY produces a'enant acceptable to Owner. Whether or not the Owner was a party to a valid Exclusive Right to Lease Agreement for the Property,if the tenant purchases the Property at any time,even it such purchase is subsequent to the Termination Date,AGENCY shall be paid the sales compensation asesql 1 oreeen Part graph 4(a)at the time of the closing on the sale to said Tenant. ' ' �U r 7 / v�'~ Mt.S OF NAPLES.INC. (Roy.10,1192) L"Jhlta Copy•Llstlnp OfSto Yellow Copy•Owner's Copy Page 1 of 3 �O Cr 16C 9 CONSERVATION COLLIER TAX ICENTiFICATION NUMBER.38B4644o0o:+ Precareo D7 Ronald I Tomasko.Assistant County Attain. Office of the County A'nomev 3�29 East Taman Trait.Suite s,t INSTR 6362914 OR 6215 PG 1096 Nasies.riu,da 3,11 12-57d: f239;252-840 RECORDED 2/13/2023 12:56 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70$364.00 REC$18.50 CONS$52,000.00 WARRANTY DEED et THIS WARRANTY DEED is made this J day of Q;n,kA,(L 2023, by JOHN R. PENA, a single man, whose address is 13721 SW 13t Street, • Miami, FL 33184. (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 3335 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.) 'NITNESSETH: 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: THE WEST 150 FEET OF TRACT NO. 78, GOLDEN GATE ESTATES. UNIT 42. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 27. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY IDENTIFICATION NUMBER: 38846440003 Subject to easements, restrictions, and reservations of record. THIS IS VACANT. UNIMPROVED, AND NOT HOMESTEAD PROPERTY. 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. ,L:. .. a Neyance Approved By :le board Of County Com %issione; Collier County Florida, Pursuant To Ager is Date:cljd1).7- Item No: 16, C` G 16C 9 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: -4: Witness#1 (Signature) JO `N R. PENA _ y d :cr a° j ,t; yrrtf Witness#1 (Pr' t Name) Witness#2( ignature) Cc,.r j Witness#2(Print Name) STATE OF f L COUNTY OF t`'‘;.`r M t - A i J( The foregoing Warranty Deed was acknowledged before me by means of Cam` physical presence or LI online notarization this )'/ 't day of J k't , 2023 by John R. Pena. Such person(s) Notary Public must check applicable box. ❑ are personally known to me. Ii .produced her current driver license. dproduced . F L as identification. (Notary Seal) I: . 1 c kl4 r r,vt Notary Public .. - - - — _ Printed Name of Notary: E d v'.' ' / f1)f '1 ( Notary Public State of Florida 1 _ Eduardo Sornarriva I Commission Number: ( 95 KC'7 11 WiyNH Co19S mmissi09ion I My Commission Expires. 11 �l 1 L c 11 i 1 Exp. 11/4/2025 Approv a 6r an egality: 1 A • R nald T. Tomasko, Assistant County •ttorney V;):') 10A- o � G