Agenda 02/25/2025 Item #16B 4 (Purchase and Sales Agreement with Joseph D. Stewart , P.A. for the purchase of unit 105 - to increase office space and reduce long-term rental expenses within the Court Plaza III building)2/25/2025
Item # 16.13.4
ID# 2025-344
Executive Summary
Recommendation to approve and execute a Purchase and Sales Agreement with Joseph D. Stewart, P.A. for the purchase
of unit 105, which is the last remaining available unit to purchase out of 18 condominium office units within the Court
Plaza III building situated on 1.17 improved acres on Airport Road South, adjacent to the Government Center, for the
Community & Human Services Division. (Companion to item 16B.3)
OBJECTIVE: To increase Collier County's ("County") office space holdings by acquiring additional property, located
adjacent to the Government Center, to reduce long-term rental expenses. This acquisition will provide the County with
greater control over its office space, improve operational efficiency, and generate cost savings.
CONSIDERATIONS: The Community & Human Services Division ("CHS") currently occupies the entire second floor
comprised of six office suites —units 201, 202, 203, 204, 205, and 206—at the Court Plaza III building located at 2671
Airport Road South. The owner of Unit 105, which is approximately 730 square feet, is Joseph D. Stewart, P.A.
("Seller"). Units 101, 102, 103, 104, 106, 201, 202, 203, 204, 205, 206, 301, 303, and 305, are owned by a separate
entity and are also proposed to be purchased under a separate companion agenda item.
The majority of the units in the building, including those occupied by CHS, are being offered for sale. The property
includes an 18,600-square-foot office condominium facility, with 16,000 square feet of office space. The building sits on
1.17 acres and provides 76 parking spaces.
As outlined in the Fiscal Impact Statement, purchasing the majority of the building, including Unit 105, will help reduce
future rental costs. CHS plans to purchase approximately 11,674 total square feet of office condo space, which is zoned
C3.
The County's standard Purchase and Sale contract has been used. Notable terms of the Purchase and Sale Agreement
("Agreement") include:
• Purchase Price: $290,000 (1 unit) or the average value determined by two appraisers, if lower. However, Seller
may rescind the Agreement if the Board does not approve a purchase price of $290,000.
• Closing: 180 days from the date of the Agreement.
• Inspection Period: 120 days from the date of the Agreement. (County will engage a private inspector)
• Purchase Contingency: The purchase of unit 105 is also contingent upon the purchase of the other 14 units from
Bigi & Bigi LLC.
This space is expected to meet the needs of CHS for the next 20 years and will also provide additional office space for
the County as leases for current tenants expire. Over time, the purchase strengthens the County's financial position by
reducing reliance on external leases, securing a long-term asset, and yielding significant cost savings that support
operational sustainability. Additionally, acquiring this building will support the co -location of all housing, human, and
veteran services, providing residents with easy access to services in a single, convenient location.
Joseph D. Stewart, P.A., owns the remaining three units in the building and has informed us that he intends to continue
operating his business from them, so they are not for sale. We will continue to make periodic requests to purchase those
units, and failing that, we will pursue a right of first refusal.
Upon the association's transition to the County, the County will evaluate the best approach for managing the building,
assess the most effective way to transfer the association's responsibilities, and take the necessary steps to do so. Real
Property Management will coordinate with the association and the County Attorney's Office to determine and
implement any necessary updates to the governing documents for the Board's consideration. Additionally, Real
Property will also begin notifying current tenants of the non -renewal option for their leases.
This item is consistent with the Collier County strategic plan objective by ensuring Collier County has the facilities to
provide its citizens access to health, wellness, and human services.
Page 37 of 94
2/25/2025
Item # 16.13.4
ID# 2025-344
FISCAL IMPACT: The cost of appraisals, title work and inspections is $4,650. Sources of funding provided below.
Ongoing, CHS will also receive $1,409.76 per month in Condominium Association fees, and $276.77 per month in
`reserve' fees from the owner (Joseph D. Stewart, P.A.) of units # 302, 304 & 306. The total acquisition amount is not to
exceed $294,650.00, including an appraisal, an inspection, title policy, recording, search, and closing costs.
The CCAP Project (33699) within the Grant Support Fund (1806) has $108,250 in local funding available to support this
acquisition. Historically, CCAP local funding has been used to secure offsite rental space for staff delivering housing
programs. Utilizing these funds will enable staff to continue providing community assistance programs.
The Local Tribal Consistency Fund (LATCF) funding within the Community & Human Services Grant Fund (1835),
Project 33843, is available for this acquisition in the amount of $186,400. LATCF funds serve as a general revenue
enhancement program, supporting eligible uses such as general government operations, personnel costs, and
administrative facilities. These funds currently support lease agreements for office space at Court Plaza III.
GROWTH MANAGEMENT IMPACT: This purchase is consistent with the County's Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval.
-SAA
RECOMMENDATIONS: To approve the attached Purchase and Sale Agreement and accept the Warranty Deed once it
has been received and approved by the County Attorney's Office; 2) Authorize the Chairman to execute the Agreement
and any and all other County Attorney's Office approved documents related to this transaction; 3) Authorize the County
Manager or designee to prepare related vouchers and Warrants for payment; and 4) Direct the County Manager or
designee to proceed to acquire this parcel, to follow all appropriate closing procedures, to record the deed and any and
all necessary documents to obtain clear title to this parcel, and to take all reasonable steps necessary to ensure
performance under the Agreement.
PREPARED BY: Grant Cox, Property Acquisition Specialist, Real Property Management, Transportation Management
Services Department
ATTACHMENTS:
Court Plaza III - Stewart's Purchase Agreement
Map of Subject Property
Page 38 of 94
TAX lD NUl,/BER: 28681500105
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between Joseph D. Stewa rt P.A.,
whose address is 2671 Airport Road South, Suite 302, Naples, FL 34112 (hereinafter
referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of
Florida, its successors and assigns, whose address is 2685 Horseshoe Dr. S., Suite 103,
Naples, FL 34104 (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred
to as "Property"), located in Collier County, State of Florida, and being more particularly
described in Exhibit "A", attached hereto and made a part hereof by reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as fol,ows:
I- AGREEMENT
1.01 ln consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
II. PAYMENT OF P URCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Two
Hundred and Ninety Thousand Dollars and 00/100 dollars ($290,000.00), (U.S.
Currency) or the value of the appraisal engaged by the Purchaser, whichever is
lower, payable at time of closing; provided and if the Board of County
commissioners does not approve the Purchase Price of Two Hundred and Ninety
Thousand Dollars and no/100 dollars (s290,000.00), Seller shall have the right to
rescind the Purchase Agreement.
2.02The purchase of unit 105 by the Purchaser is contingent upon the purchase of
14 other units by sale from Bigi & Bigi LLC.
CC Agreement 06/10/2024
Page I of 14 / -.ro )
ilt. cLoslNG
Page 663 of 2568
3 01 The Closing (THE "CLOSING DATE", "DATE OF CLOS|NG", OR "CLOSING") of the
transaction shall be held on or before one hundred and eighty (180) days following
execution of this Agreement by the Purchaser, or within thirty (30) days of
Purchaser's receipt of all closing documents, whichever is later. The Closing shall
be held at the office of the insuring title company or by mail. 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 Warranty Deed in favor of Purchaser conveying title to the Property,
free and clear of all liens and encumbrances other than.
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions, or conditions of record.
3.01 12 Combined Purchaser-Seller closing statement.
3.0113 A "Gap Tax Proration, Owner's Non-Foreign Affidavit", as required by
Section 1445 of the lnternal Revenue Code and as required by the title
insurance undemriter to insure the "gap" and issue the policy contemplated
by the title insurance commitment.
3.0114 A W-9 Form. "Request for Taxpayer ldentification and Certification" as
required by the lnternal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered
to the Seller the following:
3.0'121 A negotiable instrument (County Warrant) in an amount equal to the
Purchase Price. No funds shall be disbursed to Seller until the Title Company
verifies that the state of the title to the Property has not changed adversely
since the date of lhe 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.
CC Agreement 06/10,2024 Page 2 ol 1,1
TAX ID NUMBER 28681500105
)
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TAX rO NUMAER 28681500105
3.0122 Funds payable to the Seller representing the cash payment due at
Closing In accordance with Article lll hereof, shall be subject to adjustment for
prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201 .01,
Florida Statutes, Title Company Closing Fee, and the cost and electronic fee of
recording any instruments necessary to clear Seller's title to the Property. The cost
of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for
in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment
shall also be paid by Purchaser.
4.01 Upon execution of this Agreement by both parties or al 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 request as
evidence of title an ALTA Commitment for an Owner's Title lnsurance Policy
(ALTA Form 8-1970) 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. lf 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.
CC Agreement 06/'10'2024 Page 3 of 14
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property
taxes shall be prorated based on the current year's tax with due allowance made for
maximum allowable discount, homestead and any other applicable exemptions and
paid by Seller. lf Closing occurs at a date which the current year's millage is not
fixed, taxes will be prorated based upon such prior year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01211 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 to convey good and marketable
title at Seller's expense, except for liens or monetary obligations which will be
satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make
Page 665 of 2568
TAX tO NUMBER 28681500105
such title good and marketable. ln 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 teminate the
Agreement. A failure by Purchaser to give such written notice of termination
within the time period provided herein shall be deemed an election by Purchaser
to accept the exceptions to title as shown in the title commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within ten (10) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. lf the survey
provided by Seller or obtained by Purchaser, as certified by a registered Florida
surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack of
legal access to a public roadway, the Purchaser shall notify the Seller in writing
of such encroachment, projection, or lack of legal access. and Seller shall have
the option of curing said encroachment or projection, or obtaining legal access
to the Property from a public roadway, within sixty (60) days of receipt of said
written notice from Purchaser. Purchaser shall have ninety (90) days from the
effective date of this Agreement to notify Seller of any such objections. Should
Seller elect not to or be unable to remove the encroachment, pojection. or
provide legal access to the property within said sixty (60) day period, Purchaser,
by providing written notice to Seller within seven (7) days after expiration of said
sixty (60) day period, may accept the Property as it then is, waiving any objection
to the encroachment, or pro.jection, or lack of legal access, or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the Property with the encroachment, or projection, or
lack of legal access.
V. INSPECTION PERIOD
5.01 Purchaser shall have one hundred twenty (120) days from the date of this
Agreement, ("lnspection 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.
CC Agreement 06/10/202,t Page 4 of lil
Page 666 of 2568
TAX tO NUMBER 2868150010s
3. The Property is in compliance with all applicable State and Federal environ-
mental laws and the Property is free from any pollution or contamination.
4. The Prope(y can be utilized for its intended Office Space.
5.02 lf 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 lnspection
Period, written notice of its intention to waive the applicable contingencies or to
terminate this Agreement. lf Purchaser fails to notify the Seller in writing of its
specific objections as provided herein within the lnspection 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. ln 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.
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.
7.01 Purchaser shall be entitled to full possession of the Property at Closing
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be
prorated at Closing based upon the gross amount of current year taxes, and shall
be paid by Seller.
CC Agreement 06/1 0i2024 Page 5 of 14
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. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI. INSPECTION
VII. POSSESSION
VIII, PRORATIONS
IX, TERMINATION AND REMEDIES
9.01 lf Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by seller, within ten (10) days of written
notification of such failure. Purchaser may, at its option, terminate this Agreement
by giving written notice of termination to Seller. Purchaser shall have the right to
,Page 667 of 2568
seek and enforce all rights and remedies available at law or in equity to a contract
vendee, including the right to seek specific performance of this Agreement.
9.02 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties and take into account the peculiar risks and expenses of each
of the parties.
X SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 1 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. Seller further represents
the Property is free from any and all occupants, tenants, and other persons or
entities claiming possession of the Property atthe time of closing. This provision
shall survive closing.
Paqe 6 of 14
TAX rO NUMBER 28681s00105
10.01 Seller and Purchaser represent and warrant the following:
10.012 Seller has full .rght, 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.
10.01 3 The warranties set forth in this paragraph shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to
the said Property shall not be deemed to be full performance and discharge of
every agreement and obligation on the part of the Seller to be performed
pursuant to the provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property
that could, if continued, adversely affect Seller's ability to sell the Property to
Purchaser according to the terms of this Agreement.
10.01 5 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
CC Agreeme.t 06/10/2024
Page 668 of 2568
TAX ID NUMBER 28681500105
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 Prope.ty
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.
10.018 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 ofany 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 conneclion with the Property in
order to comply with any laws, ordinances. codes or regulation with which Seller
has not complied.
10.019 Seller has no knowledge of unrecorded leases, licenses or other
possessory interests, restrictions, easements, or rights of way (other than
existing zoning regulations) that restrict or affect the use of the Property, and
there ire no maintenance, construction, advertising, management, leasing,
employment. service, or other contracts affecting the Property.
CC Agreement 06/10/2024 Page 7 of lit
10 017 Seller represents that they have (it has) no knowledge that there is or
ever has been 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
that to their knowledge the Property has not been used for the production,
handling, storage, transportation, manufacture, or disposal of hazardous or loxic
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 loxic 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 that they have (it
has) no knowledge that there is or ever has been any 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 that they have (it has)
no knowledge that any part of the Property has ever been used as a sanitary
landfill.
Page 669 of 2568
TAX tD NUMBER 28681500105
'10.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements. utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or related
to the Property which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this Agreement
up to and including the Date of Closing. Therefore, Seller agrees not to enter
into any contracts or agreements pertaining to or affecting the Property and not
to do any act or omit to perform any act which would change the zoning or
physical condition of the Property or the governmental ordinances or laws
governing same. Seller also agrees to notify Purchaser promptly of any change
in the facts contained in the foregoing representations and of any notice or
proposed change in the zoning, or any other action or notice. that may be
proposed or promulgated by any third parties or any governmental authorities
having jurisdiction of the development of the property which may restrict or
change any othe. condition of the Property.
10.022 Al the Closing, Seller shall deliver to Purchaser a statement (hereinafter
called the "Closing Representative Stalement") reasserling the foregoing
representations as of the Date of Closing, which provisions shall survive the
Closing.
't 0.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal. state, local or
common law relating to pollution or protection of the environment which shall be
in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et
seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any
amendments or successor in function to these acts. This provision and the rights
of Purchaser, hereunder. shall survive Closing and are not deemed satisfied by
conveyance of title.
CC Agreement 06/10/2024 Page E of t,l
Page 670 of 2568
IAX lD NUMBER: 286E1500105
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
'I 1.01 Any notice, request, demand, instruction, or other communication to be given
to either party hereunder shall be in writing, sent by facsimile with automated
confirmation of receipt, or by registered, or certified mail, return receipt requested,
postage prepaid, and with notification to the other Party sent via email containing
the tracking number and/or fax number (if applicable) of such notice addressed as
follows:
lf to Purchaser:
With a copy to Attn: Grant Cox
Collier County Real Property Management
2685 Horseshoe Dr. S., Suite 103,
Naples, Florida 34104
Telephone number: 239 -252-537 3
Fax number: 239-252-887 6
Email: Grant.Cox colliercou OV
lf to Seller:Joseph D. Stewart, P.A.
267'l Airport Road South, Suite 302
Naples, FL34112
Telephone number: 239 -7 7 54450
Fax number: _N/A_
Email : JStewart@idsleoal.com
XII. REAL ESTA
11.O2fhe addressees and numbers for the purpose of this Article may be changed
by either party by giving written notice of such change to the other party in the
manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last addressee
and respective address stated herein shall be deemed to continue in effect for all
purposes.
:9CC Agreement 06/1 0/2024
TE BROKERS
Kristi Sonntag, Division Director
Community & Human Services
3339 Tamiami Trail E Bldg H Suite 213
Naples, Florida 34112
Email: Kristi.Sonntaq@colliercounM.qov
Page I of 14
Page 671 of 2568
TA)( rO NUMEER 28681500105
12.01 Any and all brokerage commissions or fees shall be the sole responsibility of
the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and
against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a separate
agreement, if any.
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees whenever
the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend, or limit
the scope or intent of this Agreement or any provisions hereof.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to which
it is related and shall not be deemed to be a continuing or future waiver as to such
provision or a waiver as to any other provision.
13.07 lt 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 e)dended to the next
succeeding business day.
CC Agreement 06/1 0/2024 Page t0 of 14
XIII. MISCELLANEOUS
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
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TAX ID NUMBER 28681500' 05
13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
13.09 lf the Seller holds the Property in the form of a partnership, limited partnership,
corporation, trust, or any form of representative capacity whatsoever for others,
Seller shall make a written public disclosure, according to Chapter 286, Florida
Statutes, under oath, ofthe name and address of every person having a beneficial
interest in the Property before Property held in such capacity is conveyed to Collier
County. (lf the corporation is registered with the Federal Securities Exchange
Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock
is for sale to the general public, it is hereby exempt from the provisions of Chapter
286, Florida Statutes. )
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the pa(ies, 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.
XV. ACKNOWLEDGMENTOF POTENTIAL FUTURE USE
15.0'1 Any development rights or credits available on the Property are relinquished
by the Seller and conveyed to the Purchaser at closing as part of the sale of the
Property.
S/GN,ATURES APPEAR ON THE FOLLOWING PAGES
CC Agreement 06/10/2024 Page 11 of 14
Page 673 of 2568
TAX lD NUMBER: 28681500105
lN WTNESS WHEREOF, the parties hereto have signed below.
Dated ProjecUAcquisition Approved by BCC:_
AS TO PURCHASER:
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court and Comptroller
By
, Deputy Clerk Burt Saunders, Chairman
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK
BOARD OF COUNry COMMISSIONERS
COLLIER COUNTY, FLORIDA
CC Agreement 05/10/2024 Page 12 of 14
CAO '
Page 674 of 2568
TAX rO NUMSER 28681500105
AS TO SELLER:
DATED:
By:
Print Name.
Approved as lo form and legal y
I r1
Stewart,
N
Assistanl
cAo
CC Agreemenl 06/10/2024 Page 13 of 1,1
,A-
\^tq
Page 675 of 2568
TAX ID NUMBER 2E68I5OO105
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER, 286815OO105
Unit 105,Court Plaza lll, a Condominium, according to the Declaration of Condominium
thereof recorded in Official Records Book 1859, Page 1710, Public Records of Collier
County, Florida, together with it's undivided share of the common elements appurtenant
thereto as described in said Condominium Declaration.
@
CC Agreement 06/10i2024 ?age 11of 14
Page 676 of 2568
Page 677 of 2568