Agenda 03/14/2023 Item #16D2 (Purchase 59.79 acres from Jim Howard Moofy also known as Jim H Moody and Linda Sue LeCount)16.D.2
03/14/2023
EXECUTIVE SUMMARY
Recommendation to approve the First Amendment for Sale and Purchase Agreement with Jim Howard
Moody also known as Jim H. Moody and Linda Sue LeCount, as Trustee of the amended and restated trust
of W. L. Crawford Revocable Trust U/A April 26, 1991, for 59.79 acres under the Conservation Collier Land
Acquisition Program.
OBJECTIVE: To purchase 59.79 acres from Jim Howard Moody also known as Jim H. Moody and Linda Sue
LeCount, as Trustee of the amended and restated trust of W. L. Crawford Revocable Trust U/A April 26, 1991
(Seller).
CONSIDERATIONS: On July 12, 2022, Agenda Item 16.C.9, the Board of County Commissioners (County)
approved an Agreement for Sale and Purchase (Agreement) with Jim Howard Moody also known as Jim H. Moody
and Linda Sue LeCount, as Trustee of the amended and restated trust of W. L. Crawford Revocable Trust U/A
April 26, 1991 (Seller) to purchase 59.79 acres under the Conservation Collier Land Acquisition Program
Per the Agreement for Sale and Purchase, the closing date was scheduled on or before March 9, 2023. Due to
additional due diligence requirements, Purchaser is requesting to extend the time of Closing of the transaction to be
held on or before two hundred and forty (240) days following execution of this Agreement by the Purchaser, or
within thirty (30) days of Purchaser's receipt of all closing documents whichever is the later.
The remainder of the Agreement for Sale and Purchase remains in full force and affect.
The Amendment to Agreement for Sale and Purchase has been reviewed and approved by the County Attorney's
Office.
FISCAL IMPACT: There is no additional fiscal impact because of this First Amendment to Agreement for Sale
and Purchase. Funding for the purchase is available in Conservation Collier Land Acquisition Fund (172).
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. - RTT
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the attached First 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 First Amendment to Agreement for Sale and Purchase and all
other County Attorney's Office approved documents related to this purchase.
Prepared by: Sonja Stephenson, Property Acquisition Specialist II, Facilities Management Division
ATTACHMENT(S)
1. First Amendment to Agreement for Sale and Purchase (PDF)
Packet Pg. 748
16.D.2
03/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2
Doc ID: 24886
Item Summary: Recommendation to approve the First Amendment for Sale and Purchase Agreement with Jim
Howard Moody also known as Jim H. Moody and Linda Sue LeCount, as Trustee of the amended and restated trust
of W. L. Crawford Revocable Trust U/A April 26, 1991, for 59.79 acres under the Conservation Collier Land
Acquisition Program.
Meeting Date: 03/14/2023
Prepared by:
Title: Property Acquisition Specialist — Facilities Management
Name: Sonja Stephenson
03/07/2023 12:10 PM
Submitted by:
Title: — Facilities Management
Name: John McCormick
03/07/2023 12:10 PM
Approved By:
Review:
Facilities Management
Jennifer Belpedio
Manager - Real Property
Facilities Management
John McCormick
Director - Facilities
Public Services Department
Tanya Williams
Additional Reviewer
County Attorney's Office
MaryJo Brock
Level 2 Attorney of Record Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Office of Management and Budget
Christopher Johnson Additional Reviewer
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Corporate Compliance and Continuous Improvement
MaryJo Brock
Community & Human Services MaryJo Brock Additional Reviewer
County Manager's Office Amy Patterson Level 4 County Manager Review
Board of County Commissioners Geoffrey Willig Meeting Pending
Completed
03/07/2023 12:21 PM
Completed
03/07/2023 12:25 PM
Completed
03/07/2023 2:59 PM
Skipped
03/08/2023 9:17 AM
Completed
03/08/2023 9:32 AM
Completed
03/08/2023 10:00 AM
Completed
03/08/2023 10:12 AM
Additional Reviewer
Skipped
03/08/2023
10:28 AM
Skipped
03/08/2023 10:28 AM
Completed
03/08/2023 11:01 AM
03/14/2023 9:00 AM
Packet Pg. 749
16. D.2.a
CONSERVATION COLLIER
Property Identification Nos. 00053440002, 00053805003 & 00053813008
FIRST AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE
THIS FIRST AGREEMENT TO AGREEMENT FOR SALE AND PURCHASE is
made and entered into this day of , 2023, by and between
JIM HOWARD MOODY ALSO KNOWN AS JIM H MOODY AND LINDA SUE
LECOUNT, AS TRUSTEE OF THE AMENDED AND RESTATED TRUST OF W. L.
CRAWFORD REVOCABLE TRUST U/A APRIL 26, 1991, whose address is 1501 6T"
Avenue Unit C, Immokalee, FL 34142-2700, (hereinafter referred to as "Sellers"), and
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and
assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112,
(hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Sellers are the owners of those certain parcels of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in the Agreement for Sale and Purchase ("Agreement") approved
by the Board of County Commissioners on July 12, 2022, Agenda Item No. 16C9,
attached hereto as Exhibit 1" and made a part hereof by reference.
WHEREAS, Purchaser and Sellers are desirous of amending the agreement to extend
the closing in light of title issues that will be resolvable in the near future.
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:
Paragraph 3.01 of the Agreement is amended as follows:
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, ealess
or _within thirty (30)
days of Purchaser's receipt of all closing documents whichever is the later. 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:
3.011 Sellers 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
Packet Pg. 750
CONSERVATION COLLIER
Property Identification Nos. 00053440002, 00053805003 & 00053813008
16. D.2.a
law. At the Closing, the Sellers 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 -Sellers 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.
2. With exception of the above mentioned modifications, all terms of the Agreement
for Sale and Purchase remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by BCC:
AS TO PURCHASER:
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court and Comptroller
, Deputy Clerk
Approved as to form and legality:
Ronald T. Tomasko, Assistant County Attorney
2
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
in
Rick LoCastro, Chairman
G�\
U
Packet Pg. 751
16. D.2.a
CONSERVATION COLLIER
Property Identi{cation Nos. 00053440002, 00053805003 & 00053813008
AS TO SELLERS:
DATED: 3 -7`„ld j�;
WITNESSES.
(Signature)
Ll�l,) Sh-e-e,A--P-
(Printed Name)
�natu`re) �
(Printed Name)
WITNESSES:
/,17/& /-hv��-
(Printed Name)
(Pnnted Name)
BY: I L
JIM HOWARD MOOCH Y, ALSO
KNOWN AS JIM H. MOODY
BY: G
a4
LINDA SUE LECOUNT, TRUSTEE
OF THE AMENDED AND RESTATED
TRUST OF W.L. CRAWFORD
REVOCABLE TRUST U/A APRIL 26,
1991
Packet Pg. 752
EXHIBIT I
16.D.2.a
CONSERVATION COLLIER
Property Identification Nos, 00053440002, 00053805003 & 00053813008
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between JIM HOWARD
MOODY ALSO KNOWN AS JIM H MOODY AND LINDA SUE LECOUNT, AS
TRUSTEE OF THE AMENDED AND RESTATED TRUST OF W. L. CRAWFORD
REVOCABLE TRUST UTA APRIL 26, 1991, whose address is 1501 6TH Avenue Unit C,
Immokalee, FL 34142-2700, (hereinafter referred to as "Sellers"), and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns,
whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112, (hereinafter
referred to as "Purchaser").
WITNESSETH
WHEREAS, Sellers are the owners of those certain parcels of real property thereinafter
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 Sellers are 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, Sellers shall sell to Purchaser and Purchaser shall purchase
from Sellers the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Five
Hundred and Five Thousand Dollars and 001100 dollars ($505,000.00), (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
G4Q
Packet Pg. 753
16.D.2.a
E I BIT
P age
CONSERVATION COLLIER
Property identification Nos. 00053440002, 00053805003 & 00053813008
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:
3.011 Sellers 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 Sellers 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 -Sellers 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 Sellers the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Sellers 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 Sellers 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 Sellers 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 parry shall be responsible for payment of their own attorney's fees.
Sellers, at their sole cost and expense, shall pay at Closing all documentary stamp
Packet Pg. 754
16.D.2.a
EXH I S ' `
page.,�.__ot
CONSERVATION COLLIER
Property Identification Nos. 00053440002. 00053805003 & 00053813008
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 Sellers' 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 years tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Sellers. 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 Sellers, 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 05) 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 Sellers 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
Sellers written notice of their intention to waive the applicable contingencies
or to terminate this Agreement.
4.012 If Purchaser shall fail to advise the Sellers in writing of any such
objections in Sellers' title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title, Sellers 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. Sellers, at their sole expense, shall use their
best efforts to make such title good and marketable. In the event Sellers are
unable to cure said objections within said time period, Purchaser, by providing
written notice to Sellers 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.
C
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16.D.2.a
CONSERVATION COLLIER
Property Identification Nos. 00053440002, 00053805003 & 00053813008
EX 131��
Page4t
4.013 Sellers agree to furnish any existing surveys of the Property in Sellers'
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 Sellers or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
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 Sellers in
writing of such encroachment, projection, or lack of legal access, and Sellers
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 Sellers of any such
objections. Should Sellers 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 Sellers 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 Sellers prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
Packet Pg. 756
16. D.2.a
EXHIBIT:,i,
CONSERVATION COLLIER
Property Identification NOS. 00053440002, 00053805003 d 00053813008
contingencies or to terminate this Agreement. If Purchaser fails to notify the
Sellers 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 Sellers 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.
Purchaser shall, in performing such tests, use due care. Sellers shall be notified
by Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI, INSPECTION
6.01 Sellers acknowledge 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.
Vlll. 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 Sellers.
IX. PRIVATE ROW ACCESS
9.01 Purchaser agrees to prohibit public access on Trafford Oaks Road, which is a
private right-of-way.
9.02 Purchaser and its agents and employees will have access on Trafford Oaks
Road right-of-way to perform routine maintenance of said Property.
IX. TERMINATION AND REMEDIES
9.01 If Sellers shall have failed to perform any of the covenants andtor
agreements contained herein which are to be performed by Sellers, within ten (10)
clays of written notification of such failure, Purchaser may, at its option, terminate
this Agreement by giving written notice of termination to Sellers. Purchaser shall
have the right to seek and enforce all rights and remedies available at law or in
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16. D.2.a
EXHIBIT
Page �....�'I
CONSERVATION COLLIER
Property Identification Nos. 00053440002. 00053W5003 & 00063813DW
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. SELLERS' AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Sellers and Purchaser represent and warrant the following:
10.011 Sellers 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. Sellers are not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 Sellers have full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform their 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 Sellers and
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Sellers, 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 Sellers to be
performed pursuant to the provisions of this Agreement.
10.014 Sellers represent that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Sellers,
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 Sellers' 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, Sellers 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,
L
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16.D.2.a
CONSERVATION COLLIER
Property Identification Nos. 00053440002. 00053805003 & 00053813008
CXHI SM
Pap..:Z Tit
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 Sellers represent that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Sellers represent 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. Sellers represent 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. Sellers represent 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.
Sellers represent no storage tanks for gasoline or any other substances are or
were located on the Property at any time during or prior to Sellers' ownership
thereof. Sellers represent none of the Property has been used as a sanitary
landfill.
10.018 Sellers have no knowledge that the Property and Sellers' 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 Sellers 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 Sellers have 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 Sellers have 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
Sellers' 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.
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16.D.2.a
EXNBFT
CONSERVATION COLLIER Pao/
Properly Identiftation Nos. 00053"0002, 00053805003 & 00053813008 at
10.021 Sellers acknowledge and agree that Purchaser is entering into this
Agreement based upon Sellers' representations stated above and on the
understanding that Sellers 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, Sellers agree
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. Sellers also agree 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, Sellers 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 Sellers represent, warrant and agree 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.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, and concerning a
condition which is established to have existed prior to closing date. This
provision and the rights of Purchaser, hereunder, shall become null and void at
Closing once County staff have received an acceptable Phase I Environmental
Site Assessment.
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Sellers' sole risk and expense.
XI. 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:
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16.D.2.a
CONSERVATION COLLIER
Property Identification Nos. 00053440002. 00053605003 & 00053813008
Page IIL
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 101
Naples, Florida 34112
Telephone number: 239-252-8917
Fax number: 239-252-8876
If to Sellers: Jim Howard Moody
W. L. Crawford
1501 V Avenue Unit C
Immokalee, FL 34142
Telephone number: 239-229-7408
Fax number: 239-657-3456
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.
XI1. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Sellers. Sellers 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 Sellers as a real estate
broker, salesman or representative, in connection with this Agreement. Sellers
agree 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.
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EXH1 SM
CONSERVATION COLLIER p1ge"Orf —+-
Property Identification Nos. 00053440002. 00053805003 & 000538130M
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
Sellers. Any amendment to this Agreement shall be binding upon Purchaser and
Sellers 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 Sellers are 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.
13.09 If the Sellers hold the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Sellers 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.
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16.D.2.a
CONSERVATION COLLIER Page,_ of
Property identification Nos. 00053440002, 00053805003 & 00053813008
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 patty. 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 Sellers. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by BCC: 2 2.r, 2,2
AS TO PURCHASER:
I
GRY5Ta4l:� KINZEL. Clerk of the
'Circuit.' rt jAnd Comptroller
'7
x+`� .•`�c Aepy Clerk
1f m a d legality:
\ ,-
omasko, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: c
WILL! L. MCDANIEL, JR., Chairman
it ��- trly r
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16. D.2.a
CONSERVATION COWER
Property Identifieation Nos. 00053440002. 00053805003 & 00053813008
AS TO SELLERS:
DATED:
WITNESSES:
h-
(Signature)
90-0
(Printed Name)
6em,�' �
(Signature) �I p �j
Lt/V
(Printed Name) ---
WITNESSES:
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(Signature) vf
/-aRA Aad� v
1I
(Printed Name)
7� r�j 2 *—L,& a ��
(Signature)
AV
t'� dam+ f i�oa
(Printed Name)
EX,'I fT,
P220 D. of d
BY: dA
JiM HOWARD MO , ALSO
KNOWN AS JIM H. MOODY
BY: �" 0//, 4
LINDA SUE LECOUNT, TRUSTEE
OF THE AMENDED AND RESTATED
TRUST OF W.L. CRAWFORD
REVOCABLE TRUST U/A APRIL 26,
1991
_2
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16.D.2.a
CONSERVATION COLLIER
Property IQenift-ation Nos. 00053440002, 00053805003 & 00053813008
EXHIBIT "A"
LEGAL DESCRIPTION:
EX �`T f�--�
I � vt
COMMENCING AT THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 46
SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, THENCE SOUTH
89°57'50" EAST ALONG THE NORTH LINE OF SAID SECTION 1286.00 FEET;
THENCE RUN SOUTH 00000'00" EAST 660.00 FEET TO THE POINT OF BEGINNING'
THENCE CONTINUE SOUTH 00000'00" EAST 140.74; THENCE RUN SOUTH
89057'50" EAST 1359.74 FEET; THENCE RUN SOUTH 00000'00" EAST 894.58 FEET;
THENCE RUN SOUTH 88050'10" WEST 1986.15 FEET TO THE CENTER LINE OF A
60.00 FOOT ROAD EASEMENT; THENCE RUN NORTH 00000'00" EAST ALONG THE
CENTERLINE OF SAID EASEMENT 816.88 FEET TO A POINT OF CURVATURE;
THENCE RUN 202.05 FEET ALONG THE ARC OF CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 206.00 FEET AND A CHORD BEARING NORTH
2805'53" EAST 194.04 TO APPOINT OF TANGENCY; THENCE NORTH 56011'45"
EAST 159.47; THENCE SOUTH 89057'50" EAST 402.10 FEET TO THE POINT OF
BEGINNING. (42.90 ACRES)
PROPERTY IDENTIFICATION NUMBER: 00053440002
AND
BEGINNING AT A POINT 990.00 FEET SOUTH OF THE NORTHWEST CORNER OF
SECTION 34, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY ,
FLORIDA, SAID POINT BEING ON THE WEST LINE OF SAID SECTION; THENCE
SOUTH 760.74 FEET ALONG SAID SECTION LINE; THENCE NORTH 88050'10"
EAST 660.00 FEET TO THE CENTERLINE OF A ROADWAY; THENCE NORTHERLY
747.75 FEET ALONG SAID ROADWAY; THENCE NORTH 89057'50" WEST 660.00
FEET TO THE POINT OF BEGINNING, THE EASTERLY 30.00 FEET RESERVED
FOR A ROADWAY EASEMENT. (11.43 ACRES)
PROPERTY IDENTIFICATION NUMBER: 00053805003
AND
BEGINNING AT A POINT 660.00 FEET SOUTH OF THE NORTHWEST CORNER OF
SECTION 34, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER COUNTY,
FLORIDA, SAID POINT BEING ON THE WEST LINE OF SAID SECTION; THENCE
SOUTH 330.00 FEET ALONG SAID WEST LINE; THENCE SOUTH 89057'50" EAST
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Packet Pg. 765
16.D.2.a
CONSERVATION COLLIER
Property Identification Nos. 00053440002, 00053805003 d 00053813008
660.00 FEET PARALLEL WITH THE NORTH LINE OF SAID SECTION TO THE
CENTERLINE OF A ROADWAY; THENCE NORTHERLY 70.17 FEET ALONG SAID
CENTERLINE TO A POINT OF CURVE; THENCE 202.05 FEET ALONG THE ARC OF
A CURVE; RADIUS 206.00 FEET; CHORD BEARING NORTH 28005'53" EAST 194.04
FEET TO THE POINT OF TANGENCY; THENCE NORTH 56011'45" EAST 159,47
FEET ALONG SAID CENTERLINE OF A ROADWAY; THEN NORTH 89°57'50" WEST
884.00 FEET TO THE POINT OF BEGINNING. THE WESTERLY 30.00 FEET OF THE
EASTERLY PORTION OF THIS PARCEL AND THE NORTHERLY 30 FEET OF THIS
PARCEL ARE RESERVED FOR ROADWAY EASEMENTS. (5.46 ACRES)
PROPERTY IDENTIFICATION NUMBER, 00053813008
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