Backup Documents 04/11/2023 Item #16B 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 1
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.
***3rd ROUTING SLIP—TO ADD "PREPARED BY" TO DEED***
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 routinglines#1 through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney's Office County Attorney
gAh V2S111
2. BCC Office Board of County
Commissioners 14/r7 4MR '(zc/'t
3. Minutes and Records Clerk of Court's Office
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 Vivian Rodriguez Phone Number 239-252-8402
Contact/Department
Agenda Date Item was April 11,2023 Agenda Item 16.B.1
Approved by the BCC Number
Type of Document Statutory Deed Number of 1
Attached Immokalee CRA-Catholic Charities Diocese of Original
Venice,Inc.—Folio: 00122840009 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. (Initial) Applicable)
1. Does the document require the chairman's original signature? Stamp OK N/A
2. Does the document need to be sent to another agency for additional signatures? If 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 VR
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 VR
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.
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 your deadlines!
8. The document was approved by the BCC on April 11,2023,and all changes made VR
during the meeting have been incorporated in the attached document. The County option
Attorney's Office has reviewed the changes,if applicable. lit
9. Initials of attorney verifying that the attached document is the version approved by the r is' oo
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
***Initial Deed was rejected by Clerk's Office, because the Deed did not contain "Prepared by"on upper
left corner of Deed. The Statutory Deed has been revised to reflect who prepared the Deed.
16B 1
IMMOKALEE CRA
FOLIO NUMBER: 00122840009
Prepared by:
Vivian Rodriguez,Real Property Management
Collier County Government
3335 Tamiami Trail East,Suite 102
Naples,Florida 34112-5749
(239)252-8380
STATUTORY DEED
THIS STATUTORY DEED, made this " day of , 2023, by
COLLIER COUNTY REDEVELOPMENT AGENCY a/k/a COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY, a public body corporate created pursuant
to Part III, Chapter 163, Florida Statutes, its successors and assigns, whose mailing
address is 3299 Tamiami Trail E., Naples, Florida 34112, (hereinafter called the
Grantor), to CATHOLIC CHARITIES DIOCESE OF VENICE, INC., a non-profit Florida
corporation, its successors and assigns, whose mailing address is 1000 Pinebrook
Road, Venice, Florida 34285 (hereinafter called the Grantee).
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their
respective heirs, successors, or assigns.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten
Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby
acknowledged, does hereby grant, bargain, and sell unto the Grantee, the following
described land lying and being in Collier County, Florida:
SEE EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF.
Subject to easements, restrictions, and reservations of record.
IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed by and through its Chairman, the day and year aforesaid.
ATTEST:
COLLIER COUNTY COMMUNITY
CRYSTAL K. KINZEL, Clerk of the REDEVE NI-AGENCY
Circuit Court arid Comptroller
0 •
y J \t / 4r y
BY:
t As to Chairman'3; Deputy C rk WILLIJAMfANIELJr.,
signature only Co-Chairman
Approved as to/o m and legality:
, Assistant County Attorney 0.f /
5-°
1 6 g 1
EXHIBIT "A"
LEGAL DESCRIPTION
The South 122 feet of the East half (E 1/2) of the Northeast quarter (NE 1/4) of the
Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 4, Township
47 South, range 29 East; and
The East half (E 1/2) of the East half (E 1/2) of the North 538 feet of the East half (E
1/2) of the Northeast quarter (NE 1/4) of the Northeast quarter (NE 1/4) of the
Southwest quarter (SW 1/4) of Section 4, Township 47 South, Range 29 East, except
50 feet of the North end thereof for State Road No. 164; and
The West one-half of the East one-half of the North 538 feet of the East one-half of the
Northeast one-quarter of the Northeast one-quarter of the Southwest one-quarter of
Section 4, Township 47 South, Range 29 East, except 50 feet off the North end thereof
for State Road No. 164, Collier County, Florida.
PROPERTY IDENTIFICATION NUMBER: 00122840009
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 1
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. County Attorney's Office County Attorney OCj Z�J/23
2. BCC Office Board of County � /
Commissioners rky0/23
3. Minutes and Records Clerk of Court's Office 3 (
a� a-
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 Vivian Rodriguez Phone Number 239-252-8402
Contact/Department
Agenda Date Item was April 11,2023 Agenda Item Number 16.B.I
Approved by the BCC
Type of Document Agreement for Sale&Purchase,HUD Number of Original 5
Attached Settlement Statement, Statutory Deed, GAP Documents Attached
Affidavit,Closing Representative Statement
Immokalee CRA-Catholic Charities
Diocese of Venice,Inc.Folio 00122840009
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. (Initial) Applicable)
1. Does the document require the chairman's original signature? Stamp OK N/A
2. Does the document need to be sent to another agency for additional signatures? If 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 VR N/A
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 VR
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.
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 your deadlines! _
8. The document was approved by the BCC on April 11,2023,and all changes made VR
during the meeting have been incorporated in the attached document. The County opt
Attorney's Office has reviewed the changes,if applicable. this li
9. Initials of attorney verifying that the attached document is the version approved by the = N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the op r' ,.sr
Chairman's signature.
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
16B 1
IMMOKALEE CRA
FOLIO NUMBER: 00122840009
STATUTORY DEED
THIS STATUTORY DEED, made this .:� day of , 2023, by
COLLIER COUNTY REDEVELOPMENT AGENCY a/k/a COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY, a public body corporate created pursuant
to Part III, Chapter 163, Florida Statutes, its successors and assigns, whose mailing
address is 3299 Tamiami Trail E., Naples, Florida 34112, (hereinafter called the
Grantor), to CATHOLIC CHARITIES DIOCESE OF VENICE, INC., a non-profit Florida
corporation, its successors and assigns, whose mailing address is 1000 Pinebrook
Road, Venice, Florida 34285 (hereinafter called the Grantee).
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their
respective heirs, successors, or assigns.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten
Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby
acknowledged, does hereby grant, bargain, and sell unto the Grantee, the following
described land lying and being in Collier County, Florida:
SEE EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF.
Subject to easements, restrictions, and reservations of record.
IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed by and through its Chairman, the day and year aforesaid.
ATTEST:
COLLIER COUNTY COMMUNITY
CRYSTAL K. KINZEL, Clerk of the REDEVELO:PM.ENTAGENCY
Circuit Court and Comptroller
BY:
etas to Chairman' Q ut Cler ILLIAM L. McDANIEL, r.,
signature aniy Co-Chairman
Approved a to form and legality:
, Assistant County Attorney
177
16B
EXHIBIT "A"
LEGAL DESCRIPTION
The South 122 feet of the East half (E 1/2) of the Northeast quarter (NE 1/4) of the
Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 4, Township
47 South, range 29 East; and
The East half (E 1/2) of the East half (E 1/2) of the North 538 feet of the East half (E
1/2) of the Northeast quarter (NE 1/4) of the Northeast quarter (NE 1/4) of the
Southwest quarter (SW 1/4) of Section 4, Township 47 South, Range 29 East, except
50 feet of the North end thereof for State Road No. 164; and
The (Nest one-half of the East one-half of the North 538 feet of the East one-half of the
Northeast one-quarter of the Northeast one-quarter of the Southwest one-quarter of
Section 4, Township 47 South, Range 29 East, except 50 feet off the North end thereof
for State Road No. 164, Collier County, Florida.
PROPERTY IDENTIFICATION NUMBER: 00122840009
1 6 B I
A. SETTLEMENT STATEMENT B. TYPE OF LOAN
Leavengood, Dauval, Boyle&Vasti, PLLC 1• Conventional 2. n FHA
3900 First Street N.,Suite 100 3. J. VA 4. I XI Cash/Purchase Money Mtg
St. Petersburg,Florida 33703 5.File Number.
(727)327-3328 2023.0064
6.Loan Number:
7.Mortgage Ins.Case No.:
C.NOTE: This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown.items marked
(poc)were paid outside the closing. They are shown here for informational purposes and are not included In the totals.
Catholic Charities,Diocese of Venice,Inc.,a Florida not-for-profit corporation
D.Buyer: 1000 Pinebrook Rd.
Venice,Florida 34285
Collier County Redevelopment Agency a/k/a Collier County Community Redevelopment Agency
E.Seller: 3299 Tamiami Trail E.
Naples,Florida 34112
F.Lender:
G.Property: 107 S.9th St.
lmmokalee,Florida 34142
H.Settlement Agent: Leavengood,Dauval,Boyle&Vasti,PLLC
Place of Settlement: 3900 First Street N.,Suite 100,St.Petersburg,Florida 33703
I.Settlement Date: August 24,2023
100.Gross Amount Due From Buyer: 400.Gross Amount Due To Seller:
101. Sale Price of Property 600,090.00 401. Sale Price of Property 600,000.00
102. Sale Price of Any Personal Property Included in Sale 402. Sale Price of Any Personal Property Included in Sale
103. Closing Costs Paid at Closing(J) 17,679.25 403.
Adjustments for Items Paid by Seller in Advance: Adjustments for Items Paid by Seller in Advance:
104. City/Town Taxes 404. City/Town Taxes
105. County Taxes 405. County Taxes
106. Assessments 406. Assessments
120. Gross Amount Due from Buyer: 617,679.25 420. Gross Amount Due to Seller: 600,000.00
200. Amounts Paid by or in Behalf of Buyer: 500. Reductions in Amount Due to Seller:
201. Deposit 4,500.00 501. Excess Deposit 4,500.00
202. Loan Amount 502. Closing Costs Paid at Closing(J) 20.0D
203. Existing Loan(s)Assumed or Taken Subject to 503. Existing Loan(s)Assumed or Taken Subject to
2Q4. 504. Payoff of First Mortgage Loan
205. Seller Credit 505. Payoff of Second Mortgage Loan
206. 506. Seller Credit
Adjustments for items Unpaid by Seller: Adjustments for Items Unpaid by Seller:
207. City/Town Taxes 507. City/Town Taxes
208. County Taxes 508. County Taxes
209. Assessments 509. Assessments
220. Total Paid by/for Buyer: 4,500.00 520. Total Reductions in Amount Due Seller: 4,520.00
300. Cash at Settlement from/to Buyer: 600. Cash at Settlement to/from Seller:
301. Gross Amount due from Buyer(line 120) 617,679.25 601. Gross Amount due to Seller(line 420) 600,000.00
302. Less Amount Paid by/for Buyer(line 220) -4,500,00 602. Less Reductions Amount due Seller(line 520) -4,520.00
303. Cash From Buyer: $613,179.25 603. Cash To Seller: $595,480.00
Settlement Statement Jan 2016
August 16,2023 2:09 PM
16B
Settlement Date:August 24,2023 File Number:2023.0064
L. Settlement Charges
700. Total Sales/Broker's Commission:
Division of Commission as follows
701.
702.
703. Commission Paid at Settlement
800. Items Payable In Connection with Loan:
801. 0.00%of Loan Amount(Points)
900. Items Required by Lender to be Paid In Advance:
901. Homeowner's Insurance Premium
902. Mo age Insurance Premium
903. Prepaid Interest($0.00 per day from 8/24/2023 to
904. Property Taxes
1000. Reserves Deposited with Lender:
1001. Homeowner's Insurance
1002. Mortgage Insurance
1003. Property Taxes
1100. Title Charges:
1101. Title-Closing Fee to Leavengood,Dauval,Boyle&Vasti,PLLC
1102. Title-Owner's Coverage Premium to Old Republic National Title Insurance Company 3,075.00
1103. Title-Search Fee to Attorneys'Title Fund Services,LLC 275.00
1104. Title-Wire Fee to Republic Bank 30.00 20.00
1200. Government Recording and Transfer Charges:
1201. Recording Fees: Deed 18.50 Mortgage 0.00 18.50
1202. E-Recording to Simplifile 14.25
1203. Record Affidavit of Authority to Clerk of the Circuit Court 205.50
1204. Record Resolution(Post Closing)to Clerk of the Circuit Court 250.00
1205. Transfer Taxes-Deed State to Clerk of the Circuit Court 4,200.00
1300. Additional Settlement Charges:
1301. Attorney Fee to Leavengood,Dauval,Boyle&Vasti,PLLC 9,500.00
1302. Municipal Lien Search to Elite Property Research 111.00
1400. Total Settlement Charges(Enter on line 103,Section!and line 502,Section K) $17,679.25 $20.00
Settlement Statement Jan 2016
August 16,2023 2:09 PM
16B 1
Addendum to HUD-1
Buyer: Catholic Charities,Diocese of Venice, Inc.,a Florida non-profit corporation
Seller: Collier County Redevelopment Agency a/k/a Collier County Community Redevelopment
Agency,a Public Body Corporate Created Pursuant to Part III, Chapter 163,Florida
Statutes
Property: Vacant Land, 107 S. 9th St.,Immokalee, FL 34142
Date: August 2276,2023
To the Settlement Agent:
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief,it is a
true and accurate statement of all receipts and disbursements made on my account or by me in the transaction. I
further certify that I have received a copy of the HUD-1 Settlement Statement.
Buyer
Catholic Charities,Diocese of Venice, Inc.,
a Florida n n-profit corporation
By:
Eudardo Gloria, CEO
Seller
Collier County Redevelopment Agency a/k/a Collier ‘ tl�di3
County Community Redevelopment Agency,a Public �`c': �'' '`'
Body Corporate ursuant to Part III,Chapter ATTEST: r`"`�'t'
163,Flori S GiZ `ST 1.K.. Fi
By. Will' L.McDaniel,Jr. Co- airman Attest a:to
signature 0 /1Lae 4;L
From the Settlement Agent:
The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I
have caused or will cause the funds to be disbursed in accordance with this statement.
Date: ,2023 •
Leavengood,Dauval,Boyle&Vasti,PLLC
Settlement Agent
ARNING: It is a crime to knowingly make false statements to the United States on this or any other similar
form. Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S. Code
Section 1001 and Section 1010.
166 1
IMMOKALEE CRA
Folio Number: 00122840009
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY, its successors and assigns, whose mailing
address is 3299 Tamiami Trail E., Naples, FL 34112 (hereinafter referred to as "Seller"),
and CATHOLIC CHARITIES OF DIOCESE OF VENICE, INC., a non-profit Florida
corporation, its successors and assigns, whose mailing address is 1000 Pinebrook Road,
Venice, Florida 34285, (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of a 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. Property is being sold "as is".
WHEREAS, Purchaser desires to construct a Catholic community center, a Catholic clinic
and related medical offices, and/or retail/commercial space on the Property ("Project") on
the Property to benefit the community.
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:
I. 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". Property is being sold "as is".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be SIX
HUNDRED THOUSAND and no/100 Dollars ($600,000), (U.S. Currency) payable
by wire transfer (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the Property conveyed. This is a cash
transaction with no contingencies for financing.
2.02 Purchaser shall deliver a deposit of FOUR THOUSAND FIVE HUNDRED and
no/100 Dollars ($4,500) together with this Agreement signed by Purchaser. The
deposit will be held in escrow by The Clerk of the Circuit Court and Comptroller
Collier County, Florida as the Clerk to the Board ("Escrow Agent") subject to
clearance. Escrow Agent's address is 3315 Tamiami Trail East, Naples, FL 34112-
5324; Phone: (239) 252-2646.
1 6 B 1
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING")
of the transaction shall be held on or before forty-five (45) days following expiration
of the Inspection Period, as hereinafter set forth, unless extended by the parties
hereto in writing. The procedure to be followed by the parties in connection with the
Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with law.
At the Closing, the Seller shall cause to be delivered to the Purchaser the items
specified herein and the following documents and instruments duly executed
and acknowledged, in recordable form:
3.0111 Statutory 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.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered
to the Seller the following:
3.0121 A negotiable instrument, by the way of a wire transfer, 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 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.
163 i
3.03 Purchaser at its sole cost and expense, shall pay at Closing all documentary
stamp taxes due relating to the recording of the Statutory Deed, in accordance with
Chapter 201.01, Florida Statutes.
3.04 Purchaser shall pay for the cost of recording the Statutory Deed and
Agreement.
3.05 The cost of recording any instruments necessary to clear Seller's title to the
Property will be paid by Seller.
3.06 Each party shall be responsible for payment of its own attorney's fees, if any.
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 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", if any. Seller agrees to furnish
any existing surveys of the Property, if any, to Purchaser within five (5) days of
execution of this Agreement.
16B 1
V. INSPECTION PERIOD
5.01 Purchaser shall have ninety (90) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or contamination.
4. The Property can be utilized for its intended purpose.
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.
Purchaser shall, in performing such tests, use due care and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim made
against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser
no less than twenty four (24) hours prior to said inspection of the Property.
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.
VIII. PRORATIONS
8.01 Ad valorem and Non-Ad Valorem property taxes shall be prorated between
Seller and Purchaser on a 365-day calendar or fiscal year, as appropriate, and shall
be based on the current year's tax. If Closing occurs at a date which the current
year's tax is not fixed, taxes will be prorated based upon such prior year's tax. In
determining prorations, the closing date shall be allocated to Purchaser. Since both
parties to this Agreement are not subject to taxes, prorations are not applicable at
Closing.
168 1
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 and the deposit shall be refunded to
the Purchaser.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the transaction
contemplated hereby or otherwise fails to perform any of the terms, covenants and
conditions of this Agreement as required on the part of Purchaser to be performed,
provided Seller is not in default, then as Seller's sole remedy the deposit shall
become non-refundable to the Purchaser. If Purchaser terminates for any reason
except where Seller is in default, the deposit shall become non-refundable to
Purchaser.
9.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation or
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs for
appellate proceedings in such litigation or other action; which sum may be
determined by the court or in a separate action brought for that purpose.
9.04 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties and take into account the peculiar risks and expenses of each
of the parties.
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 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.
16B 1
10.013 The warranties set forth in this Article shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to
the said Property shall not be deemed to be full performance and discharge of
every agreement and obligation on the part of the Seller to be performed
pursuant to the provisions of this Agreement.
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 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.
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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 therefore, 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 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.
Xl. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be given
to either party hereunder shall be in writing, sent by registered, or certified mail,
return receipt requested, postage prepaid, addressed as follows:
If to Seller: Real Property Management
Facilities Management Building
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112-5356
1
16B 1
With a copy to: Jeffrey A. Klatzkow, County Attorney
Office of the County Attorney
Administration Building
3299 Tamiami Trail East, Suite 800
Naples, Florida 34112-5749
If to Purchaser: Dr. Volodymyr Smeryk, Chancellor
Catholic Charities Diocese of Venice, Inc.
1000 Pinewood Road
Venice, Florida 34285
With a copy to: Eduardo Gloria, CEO
Catholic Charities Diocese of Venice, Inc.
1000 Pinewood Road
Venice, Florida 34285
11.02 The addressees and addresses for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party in
the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last addressee
and respective address stated herein shall be deemed to continue in effect for all
purposes.
XII. REAL ESTATE BROKERS
12.01 Purchaser and Seller each warrant to the other that such party has not
engaged any broker or agent in regard to this Agreement. Each party agrees to
indemnify and hold harmless the other party against and from any liability, loss,
cost, damage or expense (including attorneys' fees and costs of litigation) that the
other shall suffer or incur as the result of any claim by any agent or broker, whether
or not meritorious, for any fee, commission or other compensation arising from his,
her or its actions with respect to this Agreement, the Property or the sale
contemplated hereby at Closing.
XIII MILESTONES FOR CONSTRUCTION AND REVERTER
13.01 Purchaser shall perform the following within the times stated, which shall be
conditions that survive after the Closing:
13.011 Within 180 days of Closing, Purchaser will file with the County an application to
rezone the Property to allow for Purchaser's intended use of the Property, which
at least will include construction of a Catholic community center, a Catholic clinic
and related medical offices, and/or retail/commercial space on the Property in
accordance with The Conceptual Master Plan set forth in Exhibit"B". Services will
be provided to persons of all faiths. Within 30 days of the Effective Date,
Developer agrees to provide a timeline of the anticipated schedule for each Phase
of construction of the Project and will provide the Seller with any significant
changes to such schedule. Purchaser shall diligently pursue said construction of
the Project to completion subject to delays beyond the exclusive control of the
Purchaser such as hurricanes, industry wide workforce/supply limitations, global
16B 1
pandemics, failure of local utility provider to work cooperatively with Purchaser to
timely relocate power lines and utility lines to accommodate the Project.
13.012 Within 6 years of approval of the rezone application by the Board of
County Commissioners and adoption of the rezone ordinance, the Purchaser
shall substantially complete construction of the Project. For purposes of this
Agreement, substantial completion means all of the Project's principal buildings
on Property that have received a certificate of occupancy.
13.02 The County Manager or designee is authorized to grant extensions to
deadlines as set forth above in 13.01 for up to 180 days cumulative. Thereafter, the
Board of County Commissioners may grant additional extensions in their discretion.
In order to be eligible for an extension of a deadline, Purchaser shall submit a
written request to the County's Real Property Manager prior to the expiration of the
subject deadline. The written request must include the deadline Purchaser is
seeking to extend, the cause(s) of the delay, the reason(s) needed for the
extension, and a proposed new deadline date along with back-up materials or
documents supporting the request. The Board of County Commissioners may
impose a contractual penalty of$200per day for each missed deadline as set forth
in this Agreement in excess of 6 months.
13.03 Upon request by Purchaser, Seller hereby agrees to consent to and join in if
such joinder is required, on to any application or applicable documentation required
to be submitted to the appropriate governmental authorities or other third parties in
connection with the Property and the Project, provided that all out-of-pocket costs,
expenses and/or fees associated with obtaining approvals necessary for the full
development of the Property, shall be borne by the Purchaser.
13.04 If Purchaser fails to meet the timeline set forth 13.012 above including any
extensions, the Seller shall provide written notice to the Purchaser of the failure to
meet the timeline. If the timeline is not cured within 60 days, the Seller at its option
may elect to purchase the Property at the lesser of (1) the Purchase Price set forth
in Paragraph 2.01 plus the cost of the improvements at the fair market of the
improvements as determined by an independent appraiser agreed to by the Parties,
or (2) the fair market value of the land and improvements determined by an
independent appraiser agreed to by the Parties. Neither Party may unreasonably
withhold consent to the selection of an independent appraiser. The option to
Purchase may be exercised by Seller by providing a second written notice to
Purchaser of such election. Closing will occur within 90 days of the date of
Purchaser's receipt of the second written notice. Conveyance will be by Warranty
Deed free and clear of all liens and encumbrances.
13.05 If Purchaser elects to sell any parcels within the Project at any time after
Closing, the County will have the right of first refusal to purchase the parcels on
the same terms and conditions as a third party purchaser.
13.06 Notwithstanding anything stated herein to the contrary, this Section XIII does
not apply to any other real property owned by Purchaser and located in Collier
County, Florida.
16B 1
XIV. MISCELLANEOUS
14.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
14.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees whenever
the context so requires or admits.
14.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
14.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or limit
the scope or intent of this Agreement or any provisions hereof.
14.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
14.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to which
it is related and shall not be deemed to be a continuing or future waiver as to such
provision or a waiver as to any other provision.
14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
14.08 Purchaser is aware of and understands that the "offer" to sell represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
14.09 Purchaser acknowledges that there shall be covenants that run with the lands
of the Property that will be fully binding on any successors, heirs, and assigns of
Purchaser who may acquire any right, title, or interest in or to the property. Such
covenants include the requirements set forth in Section XIII, Milestones for
Development and Reverter, which shall be incorporated into the Statutory Deed at
Closing.
14.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
16B 1
XV. ENTIRE AGREEMENT
15.01 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.
This paragraph should not be necessary as the Property is subject to the County's
zoning, use restrictions and comprehensive land development/redevelopment plan.
IN WITNESS WHEREOF, the parties hereto have signed below.
Date Property conveyance approved by BCC/CRA:
AS TO SELLER:
DATED: 84 2/2,
ATTEST: COLLIER COUNTY COMMUNITY
CRYSTAL K. KINZEL, Clerk REDEVELOP NCY
f®1 a is / BY:yy (-A)
st as to Cna+rmar+Deptit CIe . WIL5!IAM L. McDANIEL, Jr.,
rv, signature only Co=Chairman
AS TO PURCHASER:
DATED:
CATHOLIC CHARITIES DIOCESE OF
� VENICE, INC., a non-profit Florida
A f
1�L v" corporation
Witness (Signature)
Name: a666IC'r W1L.tg0.MfTf*1 By: 2 ��.
(Print or Type) EDUARDO GLORIA, as CEO
Witness (Signature) w
•
Name: -}{'e-Cf ..JSr -r
(Print or Type)
Approv: t to form and le.ality:
i
Assistant County Attorney
1 6 B 1
EXHIBIT "A"
LEGAL DESCRIPTION
The South 122 feet of the East half (E 1/2) of the Northeast
quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of the
Southwest Quarter (SW 1/4) of Section 4, Township 47
South, range 29 East; and
The East half(E 1/2) of the East half (E 1/2) of the North 538
feet of the East half(E 1/2) of the Northeast quarter(NE 1/4)
of the Northeast quarter (NE 1/4) of the Southwest quarter
(SW 1/4) of Section 4, Township 47 South, Range 29 East,
except 50 feet of the North end thereof for State Road No.
164; and
The West one-half of the East one-half of the North 538 feet
of the East one-half of the Northeast one-quarter of the
Northeast one-quarter of the Southwest one-quarter of
Section 4, Township 47 South, Range 29 East, except
50 feet off the North end thereof for State Road No. 164,
Collier County, Florida.
16B 1
EXHIBIT "B"
CONCEPTUAL MASTER PLAN
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16B 1
IMMOKALEE CRA
FOLIO NUMBER: 00122840009
STATUTORY DEED
THIS STATUTORY DEED, made this day of , 2023, by
COLLIER COUNTY REDEVELOPMENT AGENCY a/k/a COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY, a public body corporate created pursuant
to Part III, Chapter 163, Florida Statutes, its successors and assigns, whose mailing
address is 3299 Tamiami Trail E., Naples, Florida 34112, (hereinafter called the
Grantor), to CATHOLIC CHARITIES DIOCESE OF VENICE, INC., a non-profit Florida
corporation, its successors and assigns, whose mailing address is 1000 Pinebrook
Road, Venice, Florida 34285 (hereinafter called the Grantee).
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their
respective heirs, successors, or assigns.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten
Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby
acknowledged, does hereby grant, bargain, and sell unto the Grantee, the following
described land lying and being in Collier County, Florida:
SEE EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF.
Subject to easements, restrictions, and reservations of record.
IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed by and through its Chairman, the day and year aforesaid.
ATTEST:
COLLIER COUNTY COMMUNITY
CRYSTAL K. KINZEL, Clerk of the REDEVELOPMENT AGENCY
Circuit Court and Comptroller
BY:
, Deputy Clerk WILLIAM L. McDANIEL, Jr.,
Co-Chairman
Approved as to form and legality:
, Assistant County Attorney
17
r\2��2 rcA°
16B 1
EXHIBIT "A"
LEGAL DESCRIPTION
The South 122 feet of the East half (E 1/2) of the Northeast quarter (NE 1/4) of the
Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 4, Township
47 South, range 29 East; and
The East half (E 1/2) of the East half (E 1/2) of the North 538 feet of the East half (E
1/2) of the Northeast quarter (NE 1/4) of the Northeast quarter (NE 1/4) of the
Southwest quarter (SW 1/4) of Section 4, Township 47 South, Range 29 East, except
50 feet of the North end thereof for State Road No. 164; and
The West one-half of the East one-half of the North 538 feet of the East one-half of the
Northeast one-quarter of the Northeast one-quarter of the Southwest one-quarter of
Section 4, Township 47 South, Range 29 East, except 50 feet off the North end thereof
for State Road No. 164, Collier County, Florida.
PROPERTY IDENTIFICATION NUMBER: 00122840009
0
16 B 1
IMMOKALEE CRA
FOLIO NUMBER: 00122840009
GRANTOR'S NON-FOREIGN, TAXPAYER IDENTIFICATION &"GAP" AFFIDAVIT
The Undersigned, WILLIAM L. McDANIEL, Jr., as Co-Chairman, on behalf of
COLLIER COUNTY REDEVELOPMENT AGENCY a/k/a COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY, a public body corporate created pursuant to
Part III, Chapter 163, Florida Statutes, its successors, and assigns, ("Affiant") and
("Grantor") after being duly sworn, deposes and says:
1. Grantor is the fee simple owner and the only owner of the property located in
Collier County and described in Exhibit "A" attached hereto ("Property").
2. Grantor's Legal Name is: COLLIER COUNTY REDEVELOPMENT AGENCY
a/k/a COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
3. Section 1445 of the Internal Revenue Code ("IRC") requires a transferee of a U.S.
real property interest to withhold tax if the transferor is a foreign person. For U.S. tax
purpose (including IRC §1445), the owner of a disregarded entity having legal title to a U.S.
real property interest under local law will be the transferor of the property and not the
disregarded entity. To inform Collier County, as transferee, that withholding of tax is not
required upon disposition the Property, Affiant affirms that the following is true:
a. Grantor is not a non-resident alien (if individual) or a foreign corporation,
foreign partnership, foreign trust or foreign estate (as those terms are defined
by the Internal Revenue Code and Income Tax Regulations.) for purposes of
U.S. income taxation.
b. Grantor's address is: 3299 Tamiami Trail E, Suite 202
Naples, Florida 34112
c. Grantor is not a disregarded entity as defined in Treas. Req §1.1445-
2(b)(2)(iii).
(NOTE: A disregarded entity for these purposes means an entity that is
disregarded as an entity separate from its owner under Treas. Reg.
§301.7701-3, a qualified REIT subsidiary as defined in IRC §856(i), or a
qualified subchapter S subsidiary under IRC §1361(b)(3)(B).
4. For purposes of reporting this Transaction to the Internal Revenue Service on
Form 1099-S, the Property is Grantor's (check one)
Principal Residence X Other real estate
5. Grantor is in sole constructive or actual possession of the Property, and there is
no other person or entity that has any possessory right in the Property.
CPO
16B 1
6. Grantor has full authority to convey the Property.
7. There are no existing contracts for sale or mortgage commitments other than
those being closed affecting the Property.
8. Grantor knows of no defects in the Property's title and, except for real estate
taxes for the current year and those items identified on Exhibit "B" attached hereto, there
are no liens, encumbrances, mortgages, claims or demands on or against the Property.
9. There are no unrecorded labor, mechanics', materialmen's liens or "Notices of
Commencement" against the Property; no material has been furnished to or labor performed
upon the Property within the past ninety (90) days which has not been paid for in full; no
notices to owner have been delivered to or received by the Grantor.
10. There are no bills, liens or assessments for sanitary sewers, paving or other public
utilities, or improvements made by any governmental instrumentality, which are now unpaid,
against the Property. Further, Grantor acknowledges responsibility for water, sewer and
electrical consumption charges through date of closing or occupancy by Grantor, whichever
first occurs. If any bills, liens or assessments are found which relate to the period of
Grantor's possession, Grantor will pay same upon demand. Grantor shall obtain any release
documents needed which relate to bills, liens or assessments not paid at the time of closing.
11. No notice has been received of any public hearing regarding future or pending
zoning changes or assessments for improvements by any governmental instrumentality.
12. Grantor knows of no violations of local or state laws or private covenants,
restrictions or conditions which pertain to the Property.
13. There are no judgments, orders or decrees which have been entered in any state
or federal court against the Property or Grantor, and there are no civil or administrative
actions pending against Grantor or which involve the Property in any way, including no
action for dissolution of marriage or bankruptcy.
14. The Property and all uses of the Property have been and presently are in
compliance with all Federal, State and Local laws, regulations and ordinances, including
environmental laws, and that the Grantor has no knowledge of any spill or environmental
law violation on any property contiguous to or in the vicinity of the Property; and that Grantor
has not received notice and otherwise has no knowledge of a) any spill on the Property, b)
any existing or threatened environmental lien against the Property or c) any lawsuit,
proceeding or investigation regarding the generation, storage, treatment, spill or transfer of
hazardous substances on the Property. This provision shall survive closing and/or
acceptance and is not deemed satisfied by conveyance of title.
15. Grantor shall indemnify, defend, and hold Collier County harmless against and
from any and all damages, claims, liabilities, actions, expenses, penalties, fines and costs
(including attorney's fees and expenses) incurred by or asserted against Collier County by
reason of or arising out of the breach of Grantor's representations under Paragraph 15
above, irrespective of whether the undersigned affiants were negligent in the making of GAO
these representations. This provision shall survive closing.
16B
16. There are no unrecorded deeds, judgments, liens, mortgages, easements, or rights
of way for users, claims, boundary line or other disputes, or demands of any nature asserted
against or affecting the Property.
17. There are no matters pending against Grantor that could give rise to a lien
that would attach to the Property, or cause a loss of title, or impair title between the effective
date of the title insurance commitment (or title search showing ownership and
encumbrances) and the time of recording of the instruments evidencing the County's fee
simple or other interests in the Property; and that Grantor has not executed and will not
execute any instrument that would adversely affect the title to the Property from the date of
this Affidavit forward.
18. If the conveyance is of fee simple and by purchase, Grantor agrees that in the
event the current real and personal property taxes vary in amount from the figures used in
making the prorations used in closing the conveyance of the Property to County, then a new
proration and a correct and proper adjustment shall be made upon demand. Grantor
understands that all taxes, maintenance charges and assessments due from Grantor for
which a bill is rendered prior to closing will be charged against Grantor on the closing
statement.
19. If the Property is improved property, then Grantor is the owner of said property,
and there are no claims, liens, security interests, claims or demands of any kind against the
furniture, equipment, fixtures and personal property located on the Property and being sold
as part of this transaction.
20. If the Property is rental property, Grantor hereby represents that Grantor has
paid all sales taxes due to the State of Florida to date and will pay any remaining taxes due
in respect to said premises before due and will indemnify and hold harmless Collier County
from Grantor's failure to do so.
21. Grantor agrees to fully cooperate with Collier County when necessary to
correct an error discovered after closing and, in doing so, to execute, without delay, any
corrective instrument(s) needed in order to effectuate the intent of the parties to this
transaction. This provision shall survive closing.
22. Grantor understands that this certification may be disclosed to the Internal
Revenue Service by Collier County and that any false statements made here could be
punished by fine, imprisonment, or both. Grantor further authorizes the submission of this
affidavit if and when required.
23. Under penalties of perjury, I, the undersigned affiant, state that I have
examined this affidavit and to the best of my knowledge and belief it is true, correct and
complete as of the date of execution hereof; that I am authorized to execute this affidavit as
or on behalf of Grantor and to bind Grantor thereby; that I will immediately notify Collier
County of any change to the representations contained herein and that, in the absence of
such notification, Collier County may rely on the representations contained herein on the
day of closing; that Grantor intends for Collier County, its agents and attorneys, the title
company issuing the title policy (if title insurance is to be issued), its underwriter and its
employees, any escrow/settlement agent and other parties and their attorneys participating
in this transaction, to rely on these representations, and Grantor will indemnify said parties
for all damages, loss, liability, claims, cost and expenses, including attorney fees, which GP0
16B 1
arise out of or result from their reliance upon these representations, irrespective of whether
I was negligent in making these representations or executing this Affidavit.
ATTEST:
COLLIER COUNTY COMMUNITY
CRYSTAL K. KINZEL,°Clerk of the REDEVELOP . GENCY
Circuit Court a d,CpmRtroller
1:1►4._ °4 + .lei BY: --
Vest as to Ch.aterriemSDO leo�� W4LLIAM L. cDANIEL, Jr.,
it. signature only Co-Chairman
Approve s to form and legality:
sa\ c.azy" , Assistant County Attorney
0
1 6 B 1
EXHIBIT "A"
The South 122 feet of the East half(E 1/2) of the Northeast quarter (NE 1/4)of the Northeast
Quarter(NE 1/4) of the Southwest Quarter (SW 1/4) of Section 4, Township 47 South, range
29 East; and
The East half (E 1/2) of the East half (E 1/2) of the North 538 feet of the East half (E 1/2) of
the Northeast quarter (NE 1/4) of the Northeast quarter (NE 1/4) of the Southwest quarter
(SW 1/4) of Section 4, Township 47 South, Range 29 East, except 50 feet of the North end
thereof for State Road No. 164; and
The West one-half of the East one-half of the North 538 feet of the East one-half of the
Northeast one-quarter of the Northeast one-quarter of the Southwest one-quarter of
Section 4, Township 47 South, Range 29 East, except 50 feet off the North end thereof for
State Road No. 164, Collier County, Florida.
PROPERTY IDENTIFICATION NUMBER: 00122840009
CPO
16B I
EXHIBIT "B"
1. Any defect, Hen, encumbrance, adverse claim, or other matter that appears for the
first time in the Public Records or is created, attaches, or is disclosed between the
Commitment Date and the date on which all of the Schedule B, Part I Requirements
are met.
2. a. General or special taxes and assessments required to be paid in the year 2023,
and subsequent years.
b. Rights or claims of parties in possession not recorded in the Public Records.
c. Any encroachment, encumbrance, violation, variation, or adverse
circumstance that would be disclosed by an inspection or an accurate and
complete land survey of the Land and inspection of the Land.
d. Easements or claims of easements not recorded in the Public Records.
e. Any lien, or right to a lien, for services, labor or material furnished, imposed by
law and not recorded in the Public Records.
3. Any adverse ownership claim by the State of Florida by right of sovereignty to any
portion of the Land insured hereunder, including submerged, filled and artificially
exposed lands, and lands accreted to such lands.
4. Any lien provided by County Ordinance or by Chapter 159, F.S., in favor of any city,
town, village or port authority, for unpaid service charges for services by any water
systems, sewer systems or gas systems serving the land described herein; and any
lien for waste fees in favor of any county or municipality.
5. Utility Easement contained in instrument recorded July 23, 1980, in O.R. Book 876,
Page 616, Public Records of Collier County, Florida.
6. Resolution of Collier County Board of Commissioners recorded September 21,
2022, in O.R. Book 6175, Page 3064, Public Records of Collier County, Florida.
7. Rights of the lessees under unrecorded leases.
16B 1
IMMOLKALEE CRA
FOLIO NUMBER 00122840009
CLOSING REPRESENTATIVE STATEMENT
WILLIAM L. McDANIEL, Jr., as Co-Chairman, on behalf of COLLIER COUNTY
REDEVELOPMENT AGENCY a/k/a COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY, a public body corporate created pursuant to Part III,
Chapter 163, Florida Statutes, its successors, and assigns, hereinafter referred to as "Affiant,"
after being duly sworn, state(s) as follows:
1. Affiant is the owner of those premises legally described as:
The South 122 feet of the East half (E 1/2) of the Northeast quarter (NE 1/4) of the Northeast
Quarter(NE 1/4) of the Southwest Quarter (SW 1/4) of Section 4, Township 47 South, range 29
East; and
The East half (E 1/2) of the East half (E 1/2) of the North 538 feet of the East half (E 1/2) of the
Northeast quarter (NE 1/4) of the Northeast quarter (NE 1/4) of the Southwest quarter (SW 1/4)
of Section 4, Township 47 South, Range 29 East, except 50 feet of the North end thereof for
State Road No. 164; and
The West one-half of the East one-half of the North 538 feet of the East one-half of the Northeast
one-quarter of the Northeast one-quarter of the Southwest one-quarter of Section 4, Township
47 South, Range 29 East, except 50 feet off the North end thereof for State Road No. 164, Collier
County, Florida.
PROPERTY IDENTIFICATION NUMBER: 00122840009
(hereinafter referred to as "Property").
2. Affiant represents and warrants the following:
2.01 Affiant has full right and authority to enter into and to execute any and all
instruments necessary to complete the sales transaction and to undertake all
actions and to perform all tasks required for said transaction. Affiant is not
presently the subject of a pending, threatened or contemplated bankruptcy
proceeding.
2.02 Affiant has full right, power, and authority to own and operate the Property,
and to execute, deliver, and perform their obligations and to execute any and all
instruments in connection herewith and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Affiant to execute and consummate the transaction
contemplated hereby. At closing, certified copies of such approvals shall be
delivered to Collier County, a political subdivision of the State of Florida,
(hereinafter referred to as "Purchaser"), if necessary.
2.03 Affiant represents that he has no knowledge of any actions, suits, claims,
proceedings, litigation, or investigations pending or threatened against Affiant, at
law, equity or in arbitration before or by any Federal, State, Municipal or other
C,
4O
16B 1
governmental instrumentality or any other property that could, if continued,
adversely affect Affiant's ability to sell the Property to Purchaser.
2.04 No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
2.05 Affiant has not encumbered or conveyed any portion of the Property or any
rights therein, nor entered into any agreements granting any person or entity any
rights with respect to the Property or any part thereof.
2.06 Affiant 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;
Affiant represents that he has no knowledge that any pollutants are or have been
discharged from the Property, directly or indirectly into any body of water. Affiant
represents that 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. Affiant
represents that he has no knowledge that there is ground water contamination on
the Property or potential of ground water contamination from neighboring
properties. Affiant represents that no storage tanks for gasoline or any other
substances are or were located on the Property at any time during or prior to
Affiant's ownership thereof. Affiant represents that no portion of the Property has
been used as a sanitary landfill.
2.07 Affiant has no knowledge that the Property and Affiant's operations
concerning the Property are in violation of any applicable Federal, State or local
statute, law or regulation and no notice from any governmental body has been
served upon Affiant 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 Affiant have not
complied.
2.08 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.
2.09 Affiant 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 Affiant'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.
2.010 Affiant has not entered into any contracts or agreements pertaining to or
affecting the property other than its agreement for purchase with the County, nor
2
Gq,
166 1
done any act or failed to perform any act which would change the zoning of the
Property or the governmental ordinances or laws governing same. Affiant knows
of no 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.
2.011 Affiant represents, warrants and agrees to indemnify, reimburse, defend and
hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall be in
accordance with the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, 42 U.S.C. 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.
2.012 Any loss and/or damage to the Property prior to the date of closing shall be
Affiant' sole risk and expense.
3. This statement is made for the purpose of reasserting that the foregoing representations
are true and correct as of the date of closing, of which such representations shall survive the
closing.
4. Affiant warrants that all these statements are true and correct. Affiant understands that
Purchaser shall rely on these representations.
ATTEST:
COLLIER COUNTY COMMUNITY
CRYSTAL K. KI ZEL N ;.Clerk of the REDEVELOP GENCY
Circuit Court Co.�*1/4trOl:er
tst as to Cha t+nan's Depu.tj/`CI. k WIL,LIAM L. l'AD�4NIEL, Jr;
signature only �,
��.. ��� Co-Chairman
Approved as to form and legality:
Assistant County Attorney O✓ 4,-5
C�i�-, 3
GQO
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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. County Attorney
County Attorney's Office I�t'. �T�(1►'» y/)Z/21
2. BCC Office Board of County
Commissioners lei do(.4 `1/13/1.3
3. Minutes and Records Clerk of Court's Office
934- 4[131).3
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 Vivian Rodriguez Phone Number 239-252-8402
Contact/Department
Agenda Date Item was April 11,2023 Agenda Item Number 16.B.1
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Immokalee CRA-Catholic Charities Documents Attached
Diocese of Venice,Inc.
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. (Initial) Applicable)
1. Does the document require the chairman's original signature? Stamp OK N/A
2. Does the document need to be sent to another agency for additional signatures? If 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 V R N/A
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 VR
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.
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 your deadlines!
8. The document was approved by the BCC on April 11,2023,and all changes made VR
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable. 1 fiFsi
a
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 pi I✓, '__� ®
Chairman's signature. fig:
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 1 6 B 1
TO: Attorney's Office
FROM: Vivian Rodriguez, Real Property Management
DATE: April 11, 2023
RE: Immokalee CRA - Catholic Charities Diocese of Venice, Inc.
Folio: 0012284009
This item was accepted by the BCC on April 11, 2023, Agenda Item 16B1.
Please attest to Commissioner LoCastro's signature as Chair on the Agreement.
Once attested, kindly email a copy of said Agreement to me for my files.
Please do not hesitate to contact me at Ext. 8402 with any questions.
Thank you.
16B1
IMMOKALEE CRA
Folio Number: 00122840009
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY, its successors and assigns, whose mailing
address is 3299 Tamiami Trail E., Naples, FL 34112 (hereinafter referred to as "Seller"),
and CATHOLIC CHARITIES OF DIOCESE OF VENICE, INC., a non-profit Florida
corporation, its successors and assigns, whose mailing address is 1000 Pinebrook Road,
Venice, Florida 34285, (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of a 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. Property is being sold "as is".
WHEREAS, Purchaser desires to construct a Catholic community center, a Catholic clinic
and related medical offices, and/or retail/commercial space on the Property ("Project") on
the Property to benefit the community.
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:
I. 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". Property is being sold "as is".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be SIX
HUNDRED THOUSAND and no/100 Dollars ($600,000), (U.S. Currency) payable
by wire transfer (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the Property conveyed. This is a cash
transaction with no contingencies for financing.
2.02 Purchaser shall deliver a deposit of FOUR THOUSAND FIVE HUNDRED and
no/100 Dollars ($4,500) together with this Agreement signed by Purchaser. The
deposit will be held in escrow by The Clerk of the Circuit Court and Comptroller
Collier County, Florida as the Clerk to the Board ("Escrow Agent") subject to
clearance. Escrow Agent's address is 3315 Tamiami Trail East, Naples, FL 34112-
5324; Phone: (239) 252-2646.
tsd
16B1
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING")
of the transaction shall be held on or before forty-five (45) days following expiration
of the Inspection Period, as hereinafter set forth, unless extended by the parties
hereto in writing. The procedure to be followed by the parties in connection with the
Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with law.
At the Closing, the Seller shall cause to be delivered to the Purchaser the items
specified herein and the following documents and instruments duly executed
and acknowledged, in recordable form:
3.0111 Statutory 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.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered
to the Seller the following:
3.0121 A negotiable instrument, by the way of a wire transfer, 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 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.
16B1
3.03 Purchaser at its sole cost and expense, shall pay at Closing all documentary
stamp taxes due relating to the recording of the Statutory Deed, in accordance with
Chapter 201.01, Florida Statutes.
3.04 Purchaser shall pay for the cost of recording the Statutory Deed and
Agreement.
3.05 The cost of recording any instruments necessary to clear Seller's title to the
Property will be paid by Seller.
3.06 Each party shall be responsible for payment of its own attorney's fees, if any.
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 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", if any. Seller agrees to furnish
any existing surveys of the Property, if any, to Purchaser within five (5) days of
execution of this Agreement.
0
V. INSPECTION PERIOD 1 6 B 1
5.01 Purchaser shall have ninety (90) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or contamination.
4. The Property can be utilized for its intended purpose.
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.
Purchaser shall, in performing such tests, use due care and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim made
against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser
no less than twenty four (24) hours prior to said inspection of the Property.
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.
VIII. PRORATIONS
8.01 Ad valorem and Non-Ad Valorem property taxes shall be prorated between
Seller and Purchaser on a 365-day calendar or fiscal year, as appropriate, and shall
be based on the current year's tax. If Closing occurs at a date which the current
year's tax is not fixed, taxes will be prorated based upon such prior year's tax. In
determining prorations, the closing date shall be allocated to Purchaser. Since both
parties to this Agreement are not subject to taxes, prorations are not applicable at
Closing.
0
16B1
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 and the deposit shall be refunded to
the Purchaser.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the transaction
contemplated hereby or otherwise fails to perform any of the terms, covenants and
conditions of this Agreement as required on the part of Purchaser to be performed,
provided Seller is not in default, then as Seller's sole remedy the deposit shall
become non-refundable to the Purchaser. If Purchaser terminates for any reason
except where Seller is in default, the deposit shall become non-refundable to
Purchaser.
9.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation or
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs for
appellate proceedings in such litigation or other action; which sum may be
determined by the court or in a separate action brought for that purpose.
9.04 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties and take into account the peculiar risks and expenses of each
of the parties.
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 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.
�.9
16B1
10.013 The warranties set forth in this Article shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to
the said Property shall not be deemed to be full performance and discharge of
every agreement and obligation on the part of the Seller to be performed
pursuant to the provisions of this Agreement.
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 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.
rC`
ii wa
10.019 There are no unrecorded restrictions, easements or rights of way (oth2r6 1
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 therefore, 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 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.
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 registered, or certified mail,
return receipt requested, postage prepaid, addressed as follows:
If to Seller: Real Property Management
Facilities Management Building
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112-5356
With a copy to: Jeffrey A. Klatzkow, County Attorney 16 B 1
Office of the County Attorney
Administration Building
3299 Tamiami Trail East, Suite 800
Naples, Florida 34112-5749
If to Purchaser: Dr. Volodymyr Smeryk, Chancellor
Catholic Charities Diocese of Venice, Inc.
1000 Pinewood Road
Venice, Florida 34285
With a copy to: Eduardo Gloria, CEO
Catholic Charities Diocese of Venice, Inc.
1000 Pinewood Road
Venice, Florida 34285
11.02 The addressees and addresses for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party in
the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last addressee
and respective address stated herein shall be deemed to continue in effect for all
purposes.
XII. REAL ESTATE BROKERS
12.01 Purchaser and Seller each warrant to the other that such party has not
engaged any broker or agent in regard to this Agreement. Each party agrees to
indemnify and hold harmless the other party against and from any liability, loss,
cost, damage or expense (including attorneys' fees and costs of litigation) that the
other shall suffer or incur as the result of any claim by any agent or broker, whether
or not meritorious, for any fee, commission or other compensation arising from his,
her or its actions with respect to this Agreement, the Property or the sale
contemplated hereby at Closing.
XIII MILESTONES FOR CONSTRUCTION AND REVERTER
13.01 Purchaser shall perform the following within the times stated, which shall be
conditions that survive after the Closing:
13.011 Within 180 days of Closing, Purchaser will file with the County an application to
rezone the Property to allow for Purchaser's intended use of the Property, which
at least will include construction of a Catholic community center, a Catholic clinic
and related medical offices, and/or retail/commercial space on the Property in
accordance with The Conceptual Master Plan set forth in Exhibit "B". Services will
be provided to persons of all faiths. Within 30 days of the Effective Date,
Developer agrees to provide a timeline of the anticipated schedule for each Phase
of construction of the Project and will provide the Seller with any significant
changes to such schedule. Purchaser shall diligently pursue said construction of
the Project to completion subject to delays beyond the exclusive control of the
Purchaser such as hurricanes, industry wide workforce/supply limitations, global
pandemics, failure of local utility provider to work cooperatively with Purchaser to 1 6 F3 1
timely relocate power lines and utility lines to accommodate the Project.
13.012 Within 6 years of approval of the rezone application by the Board of
County Commissioners and adoption of the rezone ordinance, the Purchaser
shall substantially complete construction of the Project. For purposes of this
Agreement, substantial completion means all of the Project's principal buildings
on Property that have received a certificate of occupancy.
13.02 The County Manager or designee is authorized to grant extensions to
deadlines as set forth above in 13.01 for up to 180 days cumulative. Thereafter, the
Board of County Commissioners may grant additional extensions in their discretion.
In order to be eligible for an extension of a deadline, Purchaser shall submit a
written request to the County's Real Property Manager prior to the expiration of the
subject deadline. The written request must include the deadline Purchaser is
seeking to extend, the cause(s) of the delay, the reason(s) needed for the
extension, and a proposed new deadline date along with back-up materials or
documents supporting the request. The Board of County Commissioners may
impose a contractual penalty of $200per day for each missed deadline as set forth
in this Agreement in excess of 6 months.
13.03 Upon request by Purchaser, Seller hereby agrees to consent to and join in if
such joinder is required, on to any application or applicable documentation required
to be submitted to the appropriate governmental authorities or other third parties in
connection with the Property and the Project, provided that all out-of-pocket costs,
expenses and/or fees associated with obtaining approvals necessary for the full
development of the Property, shall be borne by the Purchaser.
13.04 If Purchaser fails to meet the timeline set forth 13.012 above including any
extensions, the Seller shall provide written notice to the Purchaser of the failure to
meet the timeline. If the timeline is not cured within 60 days, the Seller at its option
may elect to purchase the Property at the lesser of (1) the Purchase Price set forth
in Paragraph 2.01 plus the cost of the improvements at the fair market of the
improvements as determined by an independent appraiser agreed to by the Parties,
or (2) the fair market value of the land and improvements determined by an
independent appraiser agreed to by the Parties. Neither Party may unreasonably
withhold consent to the selection of an independent appraiser. The option to
Purchase may be exercised by Seller by providing a second written notice to
Purchaser of such election. Closing will occur within 90 days of the date of
Purchaser's receipt of the second written notice. Conveyance will be by Warranty
Deed free and clear of all liens and encumbrances.
13.05 If Purchaser elects to sell any parcels within the Project at any time after
Closing, the County will have the right of first refusal to purchase the parcels on
the same terms and conditions as a third party purchaser.
13.06 Notwithstanding anything stated herein to the contrary, this Section XIII does
not apply to any other real property owned by Purchaser and located in Collier
County, Florida.
1 6 Et
XIV. MISCELLANEOUS
14.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
14.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees whenever
the context so requires or admits.
14.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
14.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or limit
the scope or intent of this Agreement or any provisions hereof.
14.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
14.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to which
it is related and shall not be deemed to be a continuing or future waiver as to such
provision or a waiver as to any other provision.
14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
14.08 Purchaser is aware of and understands that the "offer" to sell represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
14.09 Purchaser acknowledges that there shall be covenants that run with the lands
of the Property that will be fully binding on any successors, heirs, and assigns of
Purchaser who may acquire any right, title, or interest in or to the property. Such
covenants include the requirements set forth in Section XIII, Milestones for
Development and Reverter, which shall be incorporated into the Statutory Deed at
Closing.
14.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
EXHIBIT "A" 1 6 B 1
LEGAL DESCRIPTION
The South 122 feet of the East half (E 1/2) of the Northeast
quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of the
Southwest Quarter (SW 1/4) of Section 4, Township 47
South, range 29 East; and
The East half(E 1/2) of the East half(E 1/2) of the North 538
feet of the East half(E 1/2) of the Northeast quarter (NE 1/4)
of the Northeast quarter (NE 1/4) of the Southwest quarter
(SW 1/4) of Section 4, Township 47 South, Range 29 East,
except 50 feet of the North end thereof for State Road No.
164; and
The West one-half of the East one-half of the North 538 feet
of the East one-half of the Northeast one-quarter of the
Northeast one-quarter of the Southwest one-quarter of
Section 4, Township 47 South, Range 29 East, except
50 feet off the North end thereof for State Road No. 164,
Collier County, Florida.
t'%
EXHIBIT "B" 1 6 B I
CONCEPTUAL MASTER PLAN
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C'..'
XV. ENTIRE AGREEMENT s
15.01 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.
This paragraph should not be necessary as the Property is subject to the County's
zoning, use restrictions and comprehensive land development/redevelopment plan.
IN WITNESS WHEREOF. the parties hereto have signed below.
Date Property conveyance approved by BCC/CRA:
AS TO SELLER:
DATED: 1—F I —;.J
ATTEST COLLIER COUNTY COMMUNITY
CRYSTAL K. KINZEL, Clerk REDEVELOPMENT AGENCY
'(ij:AAA
R
+4v-4.4t444d D.i BY:
Attest as to C Clerk RICK LOCASTRO , Chairman
sit,nUture only: .
AS TO PURCHASER-
DATED: 0 3.,/2 S'1Z0 2 3
CATHOLIC CHARITIES DIOCESE OF
VENICE, INC , a non-profit Florida
corporation
ness (Signature)
Name: C 1 i 4+ --Brar►awl By: geve,4_,L,/,,Zo-d- -
(Print or Type) Ea,,,,,raa Glo.-ro` , as C ECG
66.---T b%altilotAt"
Witness (Signature)
Name: c"Rob W:1(:\a.,,,n„
(Print or Type)
Approattas fopr and I gahty A
Ronald T Tomasko. \ � '
Assistant County Attorney '1
1 6 P 11
XV. ENTIRE AGREEMENT
15.01 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.
This paragraph should not be necessary as the Property is subject to the County's
zoning, use restrictions and comprehensive land development/redevelopment plan.
IN WITNESS WHEREOF, the parties hereto have signed below.
Date Property conveyance approved by BCC/CRA:
AS TO SELLER:DATED: Li k 98
ATTEST. COLLIER COUNTY COMMUNITY
CRYSTAL K. KINZEL, Clerk REDEVELOPMENT AGENCY
C ( 2.4 ._---
--)
nn
N BY. /
Attest alto C'cl4r-444.441‘d iClerk RICK LOCASTRO , Chairman
signcture only.. .
AS TO PURCHASER-
DATED: O 3/Z f'J2,o 2
CATHOLIC CHARITIES DIOCESE OF
VENICE, INC., a non-profit Florida
corporation
ness (Signature)l'11446.2141:1411‘.3
Name: -Fgeg,6‘J,./0"- -
(PrintC I in �awt awl gy:or Type) Eduodra0 Glo.ro.. , as C EC)
/ : gida,.. t
Witness (Signature)
Name: l' t t6kAliAket
u
(Print or Type) //�\
Appr las fo and I gality r\
044A.C_I Atet4A4 \ J ed
Ronald T Tomasko. 4.-1
Assistant County Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 i 1
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.
***2nd ROUTING SLIP-TO CORRECT SIGNATURE BLOCK***
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 Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney's Office County Attorney
2. BCC Office Board of County
Commissioners by43/ 3113123
3. Minutes and Records Clerk of Court's Office 8'-i - !) (� S,
01F I
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 Vivian Rodriguez Phone Number 239-252-8402
Contact/Department
Agenda Date Item was April 11,2023 Agenda Item 16.B.1
Approved by the BCC Number
Type of Document Agreement for Sale and Purchase Number of 1
Attached Immokalee CRA-Catholic Charities Diocese of Original
Venice,Inc.—Folio:00122840009 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. (Initial) Applicable)
1. Does the document require the chairman's original signature? Stamp OK N/A
2. Does the document need to be sent to another agency for additional signatures? If 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 VR
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 VR
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.
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 your deadlines!
8. The document was approved by the BCC on April 11,2023,and all changes made VR N/A is not
during the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. ihiS:=lutes
***Initial Agreement routed contained BCC Chairman as the signatory. Agreement has been revised for
CRA Chairman's signature.
el ekse atta_cA to fAe pry ovs i/n,s T%fie.
1681
XV. ENTIRE AGREEMENT
15.01 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.
This paragraph should not be necessary as the Property is subject to the County's
zoning, use restrictions and comprehensive land development/redevelopment plan.
IN WITNESS WHEREOF, the parties hereto have signed below.
Date Property conveyance approved by BCC/CRA:
400
AS TO SELLER:
DATED:
ATTEST: COLLIER C OMMUNITY
CRYSTAL K. KINZ L, Clerk REDOL ENT AG CY
IJ ,•
( , Deputy Clerk BY: vy LIAM L. McDANIEL, r.,
Attest as to Chairman's
signature only Co-Chairman
AS TO PURCHASER:
DATED:
CATHOLIC CHARITIES DIOCESE OF
VENICE, INC., a non-profit Florida
corporation
Witness (Signature)
Name: By:
(Print or Type) EDUARDO GLORIA, as CEO
Witness (Signature)
Name:
(Print or Type)
Approved as to form and legality:
Assistant County Attorney