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Backup Documents 08/22/2023 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. **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 C� ,�//jZ� 23 2. BCC Office Board of County n1 Commissioners 2/23f2 3 3. Minutes and Records Clerk of Court's Office ( �r �/rj1 0 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.1 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 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 BCC,all changes directed by the BCC have been made,and the document is ready for the an op i Chairman's signature. 11. 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 Ar.ervSt , 2023, by COLLIER COUNTY REDEVELOPMENT AGENCY alkla 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 T.A.GENCY Circuit Court and Comptroller BY: • etas to Chairmen Y Q tat Cler ILLIAM L. McDANIEL,°' r., signature ordy " Co-Chairman Approved a to form and legality: , Assistant County Attorney 16B i 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 114) 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 (;A() 1 6 B I A. SETTLEMENT STATEMENT B. TYPE Of LOAN Leavengood, Dauval, Boyle&Vasti, PLLC 1• Conventional 2. ^ FHA 3900 First Street N.,Suite 100 3. . VA 4. X Cash/Purchase Money Mtg St.Petersburg,Florida 33703 5.File Numkr. (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.Pro e 107 S.9th St. p 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 AnyPersonal 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(1) 20.00 203. Existing Loan()Assumed or Taken Subject to 503. Existing Loan(s)Assumed or Taken Subject to 204. 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, Mortgage 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 22,4d,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: 7S/ Eudardo Gloria, CEO Seller Collier County Redevelopment Agency a/k/a Collier County Community Redevelopment Agency,a Public Body Corporate ursuant to Part III, Chapter 163,,F�lori S CLERK By. Wil ' L.McDaniel,Jr. Co- airman LttesstigasZtueftgre �r ;, :dam/`.; 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 I Leavengood,Dauval,Boyle&Vasti, PLLC Settlement Agent ARMING: 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. 16g ; 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. 16B 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 1 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. 168 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. 1 6 a 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 i 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. 16B 1 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 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. 3 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. 166 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: 842123 ATTEST: COLLIER COUNTY COMMUNITY CRYSTAL K. KINZEL, Clerk REDEVELOP NCY BY: st as to Chairman; , Deptit Cle WILjAM L. McDANIEL, Jr., . signature only Co-Chairman AS TO PURCHASER: DATED: CATHOLIC CHARITIES DIOCESE OF VENICE, INC., a non-profit Florida atAP:r corporation Witness (Signature) Name: (2666, r -hz- OMaf%l By: 2 _c1,__�• (Print or Type) EDUARDO GLORIA, as CEO e-caa , Witness (Signature) Name: -fe.Ce — Sk-� (Print or Type) Approve to form and le•ality: P'CS . 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 h t i ni . a5- r taw . ~' D E U Sa ti wr Hl � i1hHH 11 EtztJliu iflye reflFJj� � � � v � n � We �Vuvun0& 38ri 5 .-Nei d ui a!,:a6 of.- r .- • Q r LIJ CC Z a trl W S9THST CO = a u �, 1> 4c t ,.:` j Q Q u 2 U; �.1A I UICI _ E 0..r. t. - CO A ' d.. \. r* - • yam —Pa . -zirc . , - m �� ys 0 y • ' T IS )I000NVF-1 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 \V21' CAO S12 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 CAO 16g 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. CAQ 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. 1 6 B 1 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 0,0 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 REDEVELOPMENT AGENCY Circuit:Court . d Compyoller a/, e ( . • 4•0°- ( e) '''' ) 7 , /. l ._ °,.4 d .l� I. ei BY: ,. est tohaicmn;sDepu le�1 WI: LIAM L. $ cDANIEL, jr., ti., signature only Co-Chairman Approve s to form and legalityf\r'--.7- 5Ct ttz,, ' , Assistant County Attorney PO O 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 CA0 168 1 EXHIBIT "B" 1. Any defect, lien, 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 i C q0 1 6 B 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 1 6 B 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. KINZEL`; Clerk of the REDEVELOP i 1 �.CY Circuit Court a. CorptrIler .. £ s2!rmaP / WIL,CIAM L. IVIcDANIEL, Jr. signature only Co=Chairman Approved as to form and legality: fccAssistant Count\y Attorney (LOA � 3 0 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ' 41 a 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. 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 routingtines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office 9p 8�3 1 L3 4. BCC Office Board of County Commissioners � I2 $ 3rZ 3 5. Minutes and Records Clerk of Court's Office ( //' .0a5 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 Ronald Thomas Phone Number 252-5861 Contact/ Department _ Transportation Engineering-ROW _ Agenda Date Item was Agenda Item Number 264 55 }/ Q I Approved by the BCC August 22,2023 I�P 1J Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 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 RT 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 signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A 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 August 22,2023 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the /� BCC,all changes directed by the BCC have been made,and the document is ready for the ✓S 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 11/30/12 168 1 PROJECT: 60142 -Goodlette-Frank Road SIP (Ph 2) PARCEL: 154DE FOLIO: 61945720303 PURCHASE AND SALE AGREEMENT (Perpetual, Non-Exclusive Drainage Easement) THIS PURCHASE AND SALE AGREEMENT ("Agreement") is entered into this 2 2- day of / tiat)ST, 2023, by MARC A. MINISCI and MICHELLE L. MINISCI, husband and wife, whose mailing address is 3955 14th Street N, Naples, FL 34103-2379 (collectively, "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o County Attorney's Office, Suite 800, Naples, FL 34112 (the"County"). Recitals: A. Seller owns certain real property in Collier County, Florida, commonly known as 3955 14th Street N, Naples, FL 34103-2379. B. The County desires to purchase a perpetual, non-exclusive drainage easement(the"Easement")over, under, upon and across a portion of Seller's property as described in Exhibit"A" attached hereto (the"Property"). NOW THEREFORE, the parties agree as follows: 1. AGREEMENT TO SELL AND PURCHASE. Seller hereby agrees to sell, and the County hereby agrees to purchase the Easement on the terms and conditions set forth in this Agreement. 2. COMPENSATION. A. Amount. The compensation payable by the County for the Easement shall be $24,000 subject to prorations, apportionments, and distribution of sales proceeds provided for in this Agreement. No portion of the compensation is attributable to personal property. B. Full Compensation. The payment of the net sales proceeds to Seller, payable by County check at Closing (defined below), shall be (i) full compensation for the Easement, including, without limitation, all improvements located on the Property as of the date of this Agreement; and (ii) full and final settlement of all other damages and expenses suffered or incurred by Seller in connection with Seller's conveyance of the Easement to the County, whether foreseen or unforeseen, including, without limitation, and to the extent applicable, moving expenses, attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. PURPOSE OF EASEMENT. The Easement shall be for drainage and stormwater management purposes and includes the right to enter upon the Easement to a) construct, operate, maintain, repair, replace and remove ponds, canals, ditches, swales, earthen berms, rip-rap, retaining walls and other retaining systems, pumps, underground pipes, irrigation lines, lighting and other electrical facilities, and other types of water control structures and facilities, and b) place, excavate, use, store, plant, remove and dispose of soil, trees, landscaping, and other materials and improvements, including the removal and disposal of any and all property, real and/or personal, not owned by the County to the extent it interferes with the County's rights under the Easement, without liability to the owner of such property; all as deemed necessary or appropriate from time to time by the County. 4. CLOSING DATE; POSSESSION. A. Closing Date. Seller's conveyance of the Easement to the County (the "Closing") shall occur within 30 days of the County's receipt of all properly executed Closing Documents (defined below). TIME IS OF THE ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. B. No Adverse Changes; Risk of Loss. The County's obligation to close shall be contingent upon the County having determined that, between the date that the County completes its due diligence investigations and 1 161 1 5. CLOSING DATE; POSSESSION. A. Closing Date. Seller's conveyance of the Easement to the County (the "Closing") shall occur within 30 days of the County's receipt of all properly executed Closing Documents (defined below). TIME IS OF THE ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. B. No Adverse Changes; Risk of Loss. The County's obligation to close shall be contingent upon the County having determined that, between the date that the County completes its due diligence investigations and inspections under this Agreement and the Closing, there shall have been no adverse changes in the title, physical condition of the Property, or other matters previously approved by the County. Between the date of the parties' execution of this Agreement and the Closing, risk of loss shall be borne by Seller. If the Property is damaged prior to Closing, excluding damage caused by the County, Seller shall repair and restore the Property at Seller's expense. C. Possession. Seller shall remove Seller's personal items, vacate, and surrender possession of the Easement to the County at Closing. Seller shall leave the Property free of all personal property and debris and in substantially the same condition as exists on the date of Seller's execution of this Agreement. The County shall have the right to inspect the Property prior to Closing. 6. CLOSING DOCUMENTS. As soon after the parties' execution of this Agreement as is possible, Seller shall deliver the following documents to the County, properly executed and in a form approved by the Collier County Attorney's Office (the"Closing Documents"): (a) Drainage Easement instrument; (b) Closing Statement; (c) Affidavit of Title; (d) Form W-9 (Request for Taxpayer Identification Number and Certification); (e) Evidence of legal authority and capacity of the individual executing this Agreement on behalf of Seller to execute and deliver this Agreement and the Closing Documents; (f) Satisfaction, Partial Release, Termination or Subordination from the holder of each mortgage or other lien open of record encumbering the Property; (g) Termination, Partial Release, or Subordination of any leases or rental agreements that encumber the Property; (h) Termination or Subordination of any existing easement that encumbers the Property, if required by the County; and (I) Such other documents as the County or title company deems necessary or appropriate to clear title to the Easement. Following the Closing, Seller shall execute any and all additional documents as may be requested by the County or title company to correct clerical errors, clear title, or otherwise carry out the intent of the parties. 7. CLOSING COSTS AND DEDUCTIONS. A. County's Closing Costs. At Closing, the County shall pay(i)the recording fees to record the Easement instrument and any curative instruments required to clear title; and (ii)the cost of an owner's policy of title insurance if the County elects to obtain one. Additionally, the County may elect to pay reasonable costs incurred and/or processing fees required by mortgagees or other lien holders in connection with the delivery of properly executed Satisfaction, Releases, Terminations, or Subordinations of any liens open of record encumbering the Property. The County shall have sole discretion as to what constitutes"reasonable costs and/or processing fees." B. Seller's Closing Costs. At Closing, Seller shall pay (i) all state documentary stamp taxes required on the Easement instrument in accordance with Section 201.01, Florida Statutes, unless the Easement is acquired under the threat of condemnation, in which case the conveyance is exempt from state documentary stamp taxes; (ii) any apportionment and distribution of the full compensation amount provided for in this Agreement that may be required by any mortgagee, lien holder, or other encumbrance holder as payoff, paydown, or for the protection of its 2 1 6 8 1 security interest, or as consideration due to any diminution in the value of its property right; and (iii) all taxes and assessments that are due and payable. 8. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS. A. Relocation. Seller agrees to relocate existing irrigation, electrical, or other systems located on the Property, if any, including, but not limited to, irrigation lines, sprinkler valves, electrical wiring, etc. ("Systems"), prior to the commencement of construction, without any further notification from the County. Seller assumes full responsibility for the relocation of all Systems and their performance on the remainder property after relocation. Seller holds the County harmless for any and all possible damage to the Systems in the event Seller fails to relocate the Systems prior to the commencement of construction. B. Retention of Improvements. Seller acknowledges that the County has compensated Seller for the value of all improvements and landscaping ("Improvements") located on the Property, and yet the County is willing to permit Seller to salvage said Improvements provided same are removed from the Property prior to the commencement of construction. If Seller elects to retain any Improvements located on the Property, Seller is responsible for their removal prior to the commencement of construction, without any further notification from the County. All Improvements remaining on the Property at the time of commencement of construction shall be deemed abandoned by Seller. C. This section shall survive Closing and is not deemed satisfied by conveyance of the Easement. 9. INSPECTIONS. A. Inspections. Following the date of the parties' execution of this Agreement, the County shall have the right, at its sole cost and expense, to conduct whatever investigations and inspections of the Property that it deems appropriate, including, without limitation, a title examination, property survey, appraisal, building inspections, environmental assessments, engineering studies, soil borings, determination of compliance of the Property with applicable laws, and the like. Seller shall provide the County with reasonable access to the Property to conduct on- site inspections. The County shall promptly repair any damage to the Property caused by such on-site inspections. B. County's Right to Terminate. Notwithstanding anything in this Agreement to the contrary,the County's obligations under this Agreement to acquire the Easement are contingent upon the County's satisfaction with the Property, including, without limitation, as revealed by the County's investigations and inspections as set forth herein. If, prior to the Closing, the County identifies any objectionable matters and determines that such objections cannot be resolved to the County's satisfaction through reasonable diligence, within a reasonable period of time, and at a reasonable cost, all as determined by the County in its sole discretion, the County shall have the right to terminate this Agreement by written notice to Seller, whereupon neither party shall thereafter have any rights or obligations under this Agreement. The County may, but shall not be required to, provide Seller with an opportunity to rectify such objections. 10. SELLER'S ADDITIONAL REPRESENTATIONS AND WARRANTIES. Seller makes the following additional representations and warranties on the date of Seller's execution of this Agreement, and shall be deemed to have repeated same at Closing: (a) Seller is the sole owner of fee simple title to the Property and has full right, power, and authority to own and operate the Property, to execute this Agreement, and to fulfill Seller's obligations under this Agreement and the Closing Documents. (b) No tenant or other party has any right or option to acquire the Property or to occupy the Property, or, if applicable, Seller shall disclose same to the County in the applicable Closing Documents. (c) Seller's title to the Property is free and clear of all mortgages and other liens and encumbrances, except as may be disclosed in the title commitment, title report, or attorney title opinion obtained or to be obtained prior to the Closing. (d) Between the date of Seller's execution of this Agreement and the Closing, Seller shall not do anything to encumber the title to the Property, or convey the Property to a third party, or grant to any third party 3 16B 1 any rights of any kind with respect to the Property, or do anything to change or permit to be changed the physical condition of the Property, without in each instance obtaining the County's prior written consent, which may be granted or withheld in the County's sole discretion. (e) No maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Property shall remain in effect following the Closing. (f) There are no governmental proceedings or investigations of any kind, formal or informal, civil or criminal, pending or threatened, that may affect the Property or adversely affect Seller's ability to perform Seller's obligations under this Agreement. (g) The Property is in compliance with all federal, state and local laws, including, without limitation, environmental laws; no unsafe levels of radon, mold, lead, or other pollutants or hazardous substances have been used, generated, stored, treated, or removed from the Property, nor is there any lawsuit, proceeding, or investigation regarding same; the Property has never been used as a landfill, and there are no underground storage tanks on the Property; there has been no spill, contamination, or violation of environmental laws pertaining to any contiguous property; and Seller has not received notice and otherwise has no knowledge of any existing or threatened environmental lien against the Property. (h) Seller has not utilized a real estate broker or agent in connection with Seller's sale of the Easement to the County and no real estate sales commission is due. (i) None of the improvements located on the Property encroach upon adjoining properties, and no improvements located on adjoining properties encroach upon the Property. 11. DEFAULT; REMEDIES. If either party fails to perform any of its obligations under this Agreement and fails to cure such failure within 15 days after receiving written notice thereof from the non-defaulting party, the non- defaulting party shall have the right to terminate this Agreement by giving written notice of termination to the defaulting party; without limitation of any other rights and remedies available to the non-defaulting party at law or in equity, including, without limitation, the right to seek specific performance, and to recover damages, including attorney fees and court costs, in connection with such default; all rights and remedies being cumulative. 12. INDEMNIFICATION; WAIVER OF CLAIMS. Seller shall indemnify, defend, and hold the County harmless from and against all claims and actions asserted against the County, and all damages, losses, liability, penalties, fines, costs and expenses, including, without limitation, attorney fees and court costs, suffered or incurred by the County, arising from (i) Seller's representations and warranties in this Agreement or in any of the Closing Documents if untrue; or (ii) Seller's failure to perform any of Seller's obligations under this Agreement, irrespective of whether the County delivers a written notice of default to Seller; or (iii) injuries, accidents, damage to Seller's personal property, or other incidents occurring on the Property prior to Closing. 13. NOTICES. All notices given by either party to the other under this Agreement shall be in writing and shall be personally delivered, or delivered by a traceable courier, or mailed by U.S. certified mail, to the parties at their respective addresses set forth in the introductory paragraph of this Agreement, or such other address as may be specified by either party from time to time by written notice to the other party. Notices shall be deemed given on the date of receipt if personally delivered, or delivered by courier, or 3 days after mailing. 14. GENERAL PROVISIONS. A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, executors, personal representatives, successors and permitted assigns. B. Assignment. The parties shall not assign any rights or obligations under this Agreement to a third party without the prior written consent of the other party. C. Entire Agreement. This Agreement constitutes the entire agreement of the parties as pertains to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. D. Amendments. All amendments to this Agreement must be in writing and signed by both parties. 4 16B 1 E. Time Periods. If any deadline or expiration of any time period provided for hereunder falls on a Saturday, Sunday or legal holiday, such deadline or expiration shall be extended to the following business day. F. Survival. All provisions of this Agreement that are not, or by their nature cannot be, performed prior to the Closing, including, without limitation, Seller's representations, warranties, indemnity obligations, shall survive the Closing. G. Severability. If any provision of this Agreement is determined to be legally invalid or unenforceable, such provision shall be severed from this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect. H. No Waiver. No party shall be deemed to have waived its right to enforce any specific provision of this Agreement unless such waiver is in writing. Any such written waiver shall be applicable only to the specific instance to which it relates and shall not be construed as a continuing waiver as to future instances or as a waiver of any other provision. I. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. All disputes arising under this Agreement shall be brought solely in the courts in Collier County, Florida, and the parties hereby agree to said venue. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below, effective as of the date this Agreement is executed by the County. Date: , 2023 SELLER: MARC A. MINISCI ICHELLE L. MIN CI Date: Ag 1 22 , 2023 COUNTY: ATTEST: CRYSTAL K. }<J L;Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court& Corrtptrol,er COLLIER COUNTY, FLORIDA By: ... . L �! %s1 By: / Deputy Cjerp,;� RICK LoCASTRO, Chairperson Attest as,tA,Ctt tPna signa4i'e4bn1 , '�'' A..rov-d as o r n legality: j IAA/ 1 „7 EK D. PERRY, ESQ. r �` Assistant County Attorney \�'ti 5 OM0'7S-81 Z-1 Z\S7V937 2R HO13>1S\A3/I2:1/]S\ZHd 311370000 1S3M - 81 \1 0Z ,l3AZlns i33r1ic6Bns\ 2 V) O N J Q QO N p T O Z II N 0S O y M V } N v C .0O C. aDy O Vj Q N m'n ry Y O.: ry _ LLI 3. m W .�o a o O � W LLcow 00_00 0Luw CI0 CO LIJ Q 0 0 W N Ld qii 2' = m U Q W W Ou 44 OUNi Ni'Np cn up ,. 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Z U O (Qn aN N N F-m 2 Z O 0) �A Ul 2 3 }O LL¢J]}�H Z CD Z Z UI E F- W I...1 y co W OO Q O W W p CD DC p Q2 U I- z vJ ZJ Za I- N N W N CL CD Z d d O CL d si `/ = cn CAD CD a w�0 Z O W J}CK W}j.)W 0 oo0 W �0o m =o W �FQ_F-o,i=W V)0C0W /�1 W '� f O U O Z 2 a F ¢ 2 2 Z 2 Z O Q m W 0 W O O O H¢N�H V C1 //�� Q J u_ Z I-U Z CD Z F- F- Q z F- F-FF-- F- L.F_ 0-co U =4.0 N- CC = F- W W 0 Z W z O W 00=m C7 O g. n QCLQ CO O UOO CCO 0 0 0 F2--F2-N OU OULwi 00 Z Nr7 J CLCLOCL0 V y 0 m a 0 16B 1 Martha S. Vergara From: Vivian Rodriguez <Vivian.Rodriguez@colliercountyfl.gov> Sent: Tuesday, September 5, 2023 2:10 PM To: Martha S. Vergara Subject: CRA - Catholic Charities - Folio: 00122840009 Attachments: Statutory Deed - OR 6282 PG 2959- 8.29.23.pdf Hi Martha, 70/ Hope you are well and had a great Labor Day weekend. Attached here to please find a copy of the recorded Statutory Deed—FINALLY! Thank you again for all your time and courtesies in helping get this done! Have a great afternoon/week ahead. Respectfully, CA.rian C odriyuez Property Acquisition Specialist Colter Co-ynty Collier County Real Property Management 3335 Tamiami Trail East,Suite 101 Naples,Florida 34112 Phone:239-252-8402 Fax:239-252-8876 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 INSTR 6446842 OR 6282 PG 2959 E-RECORDED 8/29/2023 11:02 AM PAGES 2 1 6 B 1 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOCC'.70 $4,200.00 REC $18.50 CONS $600,000.00 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 rL. THIS ST,�; TORY DEED, made this I/ day of , ( , 2023, by COLLIER COU' . REDEVELOPMENT AGENCY a/k/a COLLIER COUNTY COMMUNITY EEV LOPMENT AGENCY, a public body corporate created pursuant to Part III, Chapter 1 ,•..Florida Statutes, its successors and assigns, whose mailing address is 3299 T miari".Trail E., Naples, Florida 34112, (hereinafter called the Grantor), to CATHOLIC C1-IARITIES DIOCESE OF VENICE, INC., a non-profit Florida corporation, its successors a d assigns, whose mailing address is 1000 Pinebrook Road, Venice, Florida 34285 ereinafter called the Grantee). (Whenever used herein the terms lr"and "Grantee" include all the parties to this instrument and their respective heirs,successors,or assigns.)" „) :,R WITNESSETH that the Gra i'toy, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid<-0, the Grantee, receipt whereof is hereby acknowledged, does hereby grants and sell unto the Grantee, the following described land lying and being in CollielCou,ty, Florida: SEE EXHIBIT r'A,"ATTACHED HER D MADE A PART HEREOF. 't Subject to easements, restrictions, r9servations of record. , IN WITNESS WHEREOF the said Grantor\ t §, used these presents to be executed by and through its Chairman, the day andye'ar'ca a resaid. ATTEST: > t COLLIER COti't1 P. COMMUNITY CRYS7`�4:IC KrN , Clerk of the R % . i i . 'GENCY Circuit Court,ar tC©rr itroller Ce-REDEVE V r ht." 11 tl ��..,• PA �7 ..�..i wail) i BY: • , �r�c_r•-AirM •4 t as to Chairman 8 '1 epUty -rk ' WILLIAM L. McD 4 ., Jr., i . signature only ••••',',fit',,. Co-Chairman Approved as to,v, and legality: CP ✓, , Assistant County Attorney 25 �i 12S Po *** OR 6282 PG 2960 *** 1 6 B 1 EXHIBIT "A" LEGAL DESCRIPTION The South 122 Met of the East half (E 1/2) of the Northeast quarter (NE 1/4) of the Northeast Quartet E 1/4) of the Southwest Quarter (SW 1/4) of Section 4, Township 47 South, range;, pst; and The East half (E 1� f the East half (E 1/2) of the North 538 feet of the East half (E 1/2) of the Northeast ‹ugtrter (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 tt reof for State Road No. 164; and The West one-half of the East ope-half of the North 538 feet of the East one-half of the I Northeast one-quarter of the N9o(thkast one-quarter of the Southwest one-quarter of Section 4, Township 47 South, R n e:, ,9 East, except 50 feet off the North end thereof for State Road No. 164, Collier Co ut0iQrida. PROPERTY IDENTIFICATION NUMITE7A �2840009 PO