Backup Documents 10/28/2025 Item #11E ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 E
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 Office County Attorney �.A�/
25-RPR-03960& 25-RPR-03961 .lit / (0 j a
2. BCC Office Board of County Commissioners
Will
3. Minutes and Records* Clerk of Court's Office
4},/°e /
*N
f6/r/
TE TOl !!!
O MINUTES AND RECORDS:
Please return an electronic copy of the document(s) to grant.cox@colliercountyfl.gov
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/Real Property— Phone Number 239-252-8402
Contact/ Department Operations & Performance Management
1 uin„k, Agenda Date Item was October 28, 2025 Agenda Item Number 11.E
Ilk Approved by the BCC
Type of Document Sale and Purchase Agreement Number of Original 1
Attached 1756 Danford Street—Folio: 61380740003 Documents Attached
1742 Danford Street—Folio: 61380760009
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 VR
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the VR
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VR
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on above date,and all changes made during VR N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the .5AkI I, an option for
Chairman's signature. f this line.
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
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MEMORANDUM
Date: October 29, 2023
To: Vivian Rodriquez,
Transportation Eng. - ROW
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Sale & Purchase Agreement
1756 Danford Street (Folio #61380740003)
1742 Danford Street (Folio #61380760009)
Attached is a copy of the document referenced above, (Agenda Item #11E) approved by
the Board of County Commissioners on Tuesday, October 28, 2025.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
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1742 Danford Street-Folio:61380760009
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between WSA DEVELOPMENT
GROUP LLC, a Florida limited liability company, whose address is 280 Henley Drive,
Naples, Florida 34104 (hereinafter referred to as "Seller"), and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, acting in its capacity as the COLLIER
COUNTY COMMUNITY REDEVELOPMENT AGENCY, whose address is 3335 Tamiami
Trail E, Suite 102, Naples, FL 34112 (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of those certain parcels of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit"A,"attached hereto and made a part hereof by reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
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." Both parcels set forth in Exhibit
"A" are being purchased together as part of a single transaction and shall be
conveyed simultaneously at Closing.
II. PAYMENT OF PURCHASE PRICE
2.01 The total purchase price (the"Purchase Price") for the Property shall be EIGHT
HUNDRED SIXTY THOUSAND and 00/100 DOLLARS ($860,000), (U.S. Currency)
payable at time of closing. The Purchase Price represents the combined
consideration for both parcels identified in Exhibit "A", allocated as follows:
1756 Danford Street: $285,000
1742 Danford Street: $575,000
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The Parties acknowledge that the Purchase Price exceeds the appraised value of
the Property. Accordingly, this Agreement shall not become binding or effective unless
and until it is approved by a supermajority vote of the Board of County Commissioners of
Collier County, Florida, in accordance with applicable law and County policy. In the event
the Board does not approve the Purchase Price by the required supermajority vote, the
County shall have no obligation to proceed with this transaction, and this Agreement shall
be deemed null and void without further action by either Party.
The obligation of either party to close on one parcel is conditioned upon the
simultaneous Closing of both parcels. In the event the conditions precedent to Closing
are not satisfied for one parcel, the Closing for both parcels shall be postponed or
extended in accordance with Section 4.014 until such time as all conditions are satisfied,
unless the parties otherwise agree in writing.
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 execution of this
Agreement by the Purchaser. Notwithstanding the foregoing, the County Manager
or their designee may, in their sole discretion, extend the Closing Date for up to an
additional fifteen (15) calendar days by providing written notice to Seller on or before
the scheduled Closing Date. Such extension shall not require a formal amendment
to this Agreement. The Closing shall be held at the office of the insuring title
company or by mail. If any scheduled Closing date falls on a Saturday, Sunday, or
legal holiday, the Closing shall occur on the next succeeding business day. 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.
3.0112 Combined Purchaser-Seller closing statement.
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3.0113 A "Gap Tax Proration, Owner's Non-Foreign Affidavit", as required by
Section 1445 of the Internal Revenue Code and as required by the title
insurance underwriter to insure the "gap" and issue the policy contemplated
by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered
to the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to the
Purchase Price. No funds shall be disbursed to Seller until the Title Company
verifies that the state of the title to the Property has not changed adversely
since the date of the last endorsement to the commitment, referenced in
Section 4.011 thereto, and the Title Company is irrevocably committed to pay
the Purchase Price to Seller and to issue the Owner's title policy to Purchaser
in accordance with the commitment immediately after the recording of the
deed.
3.0122 Funds payable to the Seller representing the cash payment due at
Closing in accordance with Article III hereof, shall be subject to adjustment for
prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, closing fee for title services, 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. If required by a Phase I report and desired by
Purchaser, Seller shall pay for a Phase II Environmental Assessment selected by
Purchaser. If a Phase I Environmental Site Assessment recommends that a Phase
II investigation be conducted and Purchaser elects to proceed with such testing, the
period required to complete the Phase II investigation, together with the County's
review of results, shall automatically extend all applicable inspection, objection, and
Closing deadlines as provided in Section 4.014, without the need for a formal
amendment. Purchaser shall confirm the invocation of this automatic extension by
written notice to Seller identifying the outstanding item and anticipated completion
date.
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
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maximum allowable discount, homestead and any other applicable exemptions and
paid by Seller. If Closing occurs at a date which the current year's millage is not
fixed, taxes will be prorated based upon such prior year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent to
the Closing;
4.011 Purchaser has requested 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
ten (10) 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 fifteen (15) 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 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 fifteen (15) day
period, may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to title as shown in the title commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within five (5) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered Florida
surveyor, shows: (a) an encroachment onto the property; or (b) that an
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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 ten (10) days of receipt of said
written notice from Purchaser. Purchaser shall have fifteen (15) days from the
effective date of this Agreement to notify Seller of any such objections. Should
Seller elect not to or be unable to remove the encroachment, projection, or
provide legal access to the property within said ten (10) day period, Purchaser,
by providing written notice to Seller within seven (7) days after expiration of said
thirty(10)day period, may accept the Property as it then is,waiving any objection
to the encroachment, or projection, or lack of legal access, or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the Property with the encroachment, or projection, or
lack of legal access.
4.014 All inspection, objection, and cure periods set forth in this Agreement are
intended to be completed prior to the Closing. In the event any such period
would otherwise extend beyond the scheduled Closing Date, the Closing Date
shall be automatically extended as reasonably necessary to permit completion
of the applicable period, provided that the total time from the Effective Date to
Closing shall not exceed sixty (60) days unless otherwise agreed to in writing by
both parties. Any such extension shall not require formal amendment to this
Agreement and shall be confirmed by written notice from Purchaser to Seller
identifying the basis for the extension.
V. INSPECTION PERIOD
5.01 Purchaser shall have thirty (30) 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 environ-
mental laws and the Property is free from any pollution or contamination.
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
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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. 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 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.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10)days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement
by giving written notice of termination to Seller. Purchaser shall have the right to
seek and enforce all rights and remedies available at law or in equity to a contract
vendee, including the right to seek specific performance of this Agreement.
9.02 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties and take into account the peculiar risks and expenses of each
of the parties.
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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. Seller further represents
the Property is free from any and all occupants, tenants, and other persons or
entities claiming possession of the Property at the time of closing. This provision
shall survive closing.
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.
10.013 The warranties set forth in this paragraph shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to
the said Property shall not be deemed to be full performance and discharge of
every agreement and obligation on the part of the Seller to be performed
pursuant to the provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property
that could, if continued, adversely affect Seller's ability to sell the Property to
Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the Property
or any rights therein, nor enter into any agreements granting any person or entity
any rights with respect to the Property or any part thereof, without first obtaining
the written consent of Purchaser to such conveyance, encumbrance, or
agreement which consent may be withheld by Purchaser for any reason
whatsoever.
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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 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 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.
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. Seller represents that it has no knowledge of consent orders,
notices of violation, correspondence and any other documents issued by or
submitted to any governmental agency or regulatory authority relating to the
environmental condition of the property.
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 are no maintenance, construction, advertising, management, leasing,
employment, service, or other contracts affecting the Property.
10.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
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investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or related
to the Property which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this Agreement
up to and including the Date of Closing. Therefore, Seller agrees not to enter
into any contracts or agreements pertaining to or affecting the Property and not
to do any act or omit to perform any act which would change the zoning or
physical condition of the Property or the governmental ordinances or laws
governing same. Seller also agrees to notify Purchaser promptly of any change
in the facts contained in the foregoing representations and of any notice or
proposed change in the zoning, or any other action or notice, that may be
proposed or promulgated by any third parties or any governmental authorities
having jurisdiction of the development of the property which may restrict or
change any other condition of the Property.
10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter
called the "Closing Representative Statement") reasserting the foregoing
representations as of the Date of Closing, which provisions shall survive the
Closing.
10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall be
in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et
seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any
amendments or successor in function to these acts. This provision and the rights
of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by
conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
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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 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:
If to Purchaser: Attn: Shirley Garcia
Community Redevelopment Agency
3335 Tamiami Trail E, Suite 102
Naples, Florida 34112
Email: Shirley.Garcia@collier.gov
With a copy to: Attn: Vivian Rodriguez
Collier County Real Property Management
2685 Horseshoe Drive South, Suite 103
Naples, Florida 34104
Telephone number: 239-252-8402
Email: Vivian.Rodriguez@collier.gov
If to Seller: Calixto Montenegro
WSA Development Group LLC
280 Henley Drive
Naples, Florida 34104
Telephone number: 239-571-6735
Email: cal@wsadevelopment.com
11.02 The addressees and numbers for the purpose of this Article may be changed
by either party by giving written notice of such change to the other party in the
manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last addressee
and respective address stated herein shall be deemed to continue in effect for all
purposes.
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility of
the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and
against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
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pay any and all commissions or fees at closing pursuant to the terms of a separate
agreement, if any.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees whenever
the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend, or limit
the scope or intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to which
it is related and shall not be deemed to be a continuing or future waiver as to such
provision or a waiver as to any other provision.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday, or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
13.09 If the Seller holds the Property in the form of a partnership, limited partnership,
corporation, trust, or any form of representative capacity whatsoever for others,
Seller shall make a written public disclosure, according to Chapter 286, Florida
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Bayview Park—Danford Street Acquisitions
1756 Danford Street-Folio:61380740003
1742 Danford Street-Folio:61380760009
Statutes, under oath, of the name and address of every person having a beneficial
interest in the Property before Property held in such capacity is conveyed to Collier
County. (If the corporation is registered with the Federal Securities Exchange
Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock
is for sale to the general public, it is hereby exempt from the provisions of Chapter
286, Florida Statutes.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty, or
covenant not included in this Agreement, or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed and
dated by both Purchaser and Seller. Time is of the essence of this Agreement.
XV. ACKNOWLEDGMENT OF POTENTIAL FUTURE USE
15.01 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.
• [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 12 of 14
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Bayview Park—Danford Street Acquisitions
1756 Danford Street-Folio:61380740003
1742 Danford Street-Folio:61380760009
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by BCC: i(47 j
AS TO PURCHASER:
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court and Comptroller COLLIER COUNTY, FLORIDA
•
•
g.,, dle-444.10.—
as to Chairman's De ut C erk L. AU ND RS Chairman
slgnatur,
•
AS TO SELLER:
DATED: (C 2C):2
WSA DEVELOPMENT GROUP LLC,
a Florida limited liability company
By:
CALDENE6 O, President
Approve . • �: and legality:
41011
3 _ 4l� ,/060.44t1County Attorney
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Bayview Park—Danford Street Acquisitions
1756 Danford Street-Folio:61380740003
1742 Danford Street-Folio:61380760009
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 61380740003
Lot 29, Naples Bayview Addition No. 1, a Subdivision according to the Plat thereof, as
recorded in Plat Book 4, Page 20, of the Public Records of Collier County, Florida.
0.16 ACRES
AND
PROPERTY IDENTIFICATION NUMBER: 61380760009
Lots 30 and 31, Naples Bayview Addition No. I, according to the Plat thereof as recorded
in Plat Book 4, page 20, Public Records of Collier County, Florida.
0.32 ACRES
Page 14 of 14