Second Amend. to Agreement for Sale and Purchase TAX ID NUMBERS:00299120005,00299680008.00299480004,00299560005,00299920001.00301320007,00300880001,
00299800008,00300800007.00299440002,00301800006.
SECOND AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE
THIS SECOND AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE is made and entered
into this i.e. day of j17//,92/3 ',Q , 2025 ("Effective Date") by and between Symphony
Properties LLC, a Delaware limited liability company, whose mailing address is Symphony
Properties LLC, c/ o South Dakota Trust Company, 201 South Phillips Ave, Suite 200, Sioux
Falls, SD, 57104 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political
subdivision of the State of Florida,its successors and assigns,whose address is 3335 Tamiami
Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"), collectively
known as "the Parties."
WITNESSETH
WHEREAS, the Parties entered into that certain Agreement for Sale and Purchase dated October
22, 2024 (the "Original Agreement"), regarding the sale of eleven parcels of real property
described in Exhibit A of the Original Agreement (the "Property");
WHEREAS, the Original Agreement was amended on April 8, 2025, to extend the Due Diligence
Period and the closing date by an additional 120 days;
WHEREAS, closing on the Property occurred on September 12, 2025;
WHEREAS, pursuant to Paragraph 2.02 of the Original Agreement, a deposit in the amount of
$400,000 was made to the dedicated escrow account held by the Collier County Clerk of Courts
on the date of closing;
WHEREAS, Paragraph 6.012 of the Original Agreement provides that within sixty (60) days after
the date of closing, Seller shall, at its own cost and expense, remediate any contamination found
in the Phase II ESA, the Site Assessment to levels required under Florida Laws ("Remediation
Period");
WHEREAS, Paragraph 6.014 provides that the terms and provisions of section 6 shall survive
closing;
WHEREAS, the remediation process has taken longer than originally anticipated, and the Original
Agreement allows for an extension of the Remediation Period,which is currently set to expire on
November 11, 2025;
WHEREAS, Seller and Purchaser are amenable to an extension of the Remediation Period subject
to certain caveats to provide additional time for the Seller to finish the remediation found in the
Phase II ESA and receive written approval from the Florida Department of Environmental
Protection (FDEP) certifying that remediation complies with Florida Laws.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged,the Parties agree as follows:
[24-RPR-03791/1975425/1] 1
Symphony Properties LLC—Second Amendment to Agreement for Sale and Purchase
TAX ID NUMBERS:00299120005.00299680008.00299480004,00299560005,00299920001.00301320007,00300880001,
00299800008,00300800007,00299440002,00301800006.
1. Extension of Remediation Period.
The Remediation Period in Section VI. of the Original Agreement shall be extended by an
additional 180 days, commencing on November 12, 2025, and ending on May 11, 2026, unless
further extended by mutual written Agreement of the parties hereto.
2. No Other Modifications
Except as expressly set forth herein, all other terms, conditions, and provisions of the Original
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first written
above.
ATTEST,;:,;' '•,.. , BOARD OF COUNTY COMMISSIONERS
CRYSTAL K i<IN LEft( COLLIER COUNTY, FLORIDA
By: , ,
f;- ' De Oily Clerk By:
AMeatai#o c1i*rnai'i'5 BURT L. SAUNDERS, CHAIRMAN
s.i,;flature only
AS TO SELLER: Symphony Properties LLC,
a Delaware limited liability company,
DATED: I 0101 1025 c/o South Da to Trust Company
By: ;IA/(4.7
Print Name: Miguel Castillo
Title: Manager
Approvedt.rm an. gality:
'ally A. • 40Assistant County Attorney
a1-;
[24-RPR-03791/1975425/1] 2
Symphony Properties LLC—Second Amendment to Agreement for Sale and Purchase