Parcel 182 (1) FEE
MEMORANDUM
Date: June 9, 2009
To: Sonja Stephenson
Property Acquisition Specialist
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Agreements
Parcel 182 (1) Fee, Folio #39155200001 and Parcel 182 (2)
Fee, Folio #39155160002
Enclosed please find one (1) copy of each agreement as referenced above
(Agenda Item #10B), as approved by the Board of County Commissioners
on Tuesday, December 2,2008.
Should you have any questions, please call me at 252-8411.
Thank you.
Enclosure
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's sil!:nature, draw a line throul!:h routino lines #1 throul!:h #4, complete the checklist, and forward to Ian Mitchell (line #5).
Route to Addressee(s) Office Initials Date
(List in routinl!: order)
1.
2.
3.
4.
""
5. Ian Mitchell, BCC Supervisor Board of County Commissioners ;c:: tt{ ~I 10
0
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Ian Mitchell, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
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. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten sl - L~~n initialed by the County Attorney's
Office and all oth and the Clerk to the Board
The Chairman's S (\{'v'l J I r7')~ O( is the date ofBCC approval of the
document or the j ,. ~~ ~ ~ :ver is a licable.
"Sign here" tabs indicating where the Chairman's
si nature and inil ~~
In most cases (so original document and this routing slip
should be provid : within 24 hours of BCC approval.
Some document~ arding to Tallahassee within a certain
time frame or the BCC's actIons arc uUuu..~~. __ _. 'are of your deadlines!
The document was approved by the Bee 0 enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
PLEASE scan under in the BMR Real Property Folder. Thank you
Hise .
1.
2.
3.
4.
5.
6.
,:J&:I-S4f1D
11A
~
Yes
(Initial)
N/A (Not
A licable)
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II'
ITEM NO.: O-ECM-01274 ,
RECEIVED: "
FILE NO.:
ROUTED TO:
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DATE
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REQUEST FOR LEGAL SERVICES
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DATE:
June 2, 2010
TO:
Robert Zachary, Office of the County Attorney
FROM:
Sonja Stephenson, Property Acquisition Specialist
RE:
Singer CPUD Misc. Project 99999- Parcel 182 (1&2)
BACKGROUND OF REQUEST:
Please approve the two Agreements as to form and legal sufficiency and forward the
Agreements to Ian Mitchell.
This item has been previously submitted.
ACTION REQUESTED: Thanks a lot.
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f9.7
PROJECT: 99999 - The Singer Park CPUD
PARCEL No(s): 182 (1) FEE
FOLIO No(s): 39155200001
AGREEMENT
THIS AGREEMENT jhereinafter referred to as the "Agreement") is made and
entered into on this day of ~hJ H~ , 2010, by and between
NADESHA RANASINGHE, a married man, NANDAlAl RANASINGHE and JAY ANTHI
RANASINGHE, husband and wife, whose mailing address is 450 Henley Drive, Naples,
FL 34104 (hereinafter collectively referred to as "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3301 Tamiami
Trail East, Naples, Florida 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, Owner applied for commercial rezoning of Tract 128, Golden Gate
Estates Unit No. 47 (according to the plat thereof, recorded in Plat Book 7, Page 32 of
the public records of Collier County, Florida), which application was approved via Collier
County Ordinance No. 2009-25; and
WHEREAS, Owner agreed to certain Developer Commitments in connection with
said rezone approval, including the Owner's commitment to convey to County, at no
cost to County, a fee simple estate in that portion of Tract 128 presently encumbered by
a 50 foot right- of-way easement, plus fifty feet (50') of additional right-of-way for
Everglades Boulevard, in fee simple, along the entire frontage of Tract 128, within 180
days of approval of the "Singer Park CPUD"; and
WHEREAS, County has requested that Owner convey to County a Fee Simple
Estate over, under, upon and across the East 100 feet of the South 150 feet of Tract
128, Golden Gate Estates Unit No. 47, according to the plat thereof, recorded in Plat
Book 7, Page 32, of the public records of Collier County, Florida (hereinafter referred to
as the "Property"), which is attached hereto and made a part of this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Property to the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compensation shall be due and payable for the
Property requested by County.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Property to County, in a form acceptable to County and at
no cost to the County, unless otherwise stated herein. Said conveyance (Owner's
delivery to County of a properly executed Warranty Deed) is hereinafter referred
to as the "Closing."
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
upon their recording in the public records of Collier County, Florida. At or prior to
Closing, Owner shall provide Purchaser with a copy of any existing prior title
insurance policies. Owner shall provide such instruments, properly executed, to
County on or before the date of Closing.
'4. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this
Agreement; provided; however, that County shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove, release or subordinate any and all such liens,
encumbrances or qualifications affecting County's enjoyment of the Property.
5. Owner shall pay all fees to record any curative instruments required to clear title,
and all Warranty Deed recording fees. In addition, Owner shall pay all processing
fees required by mortgagees in connection with the execution and delivery of a
Release or Subordination of any mortgage, lien or other encumbrance recorded
against the property underlying the Property.
6. 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 trustees, and/or assignees,
whenever the context so requires or admits.
7. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
8. This Agreement is governed and construed in accordance with the laws of the
State of Florida
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO PURCHASER:
DATED: &~d-QOIQ
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AS TO OWNER:
DATED: 0 5 !.).~/~\)ro
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Witness (Signature)
1Ii'C:7fJ'-L C-hA (' () ~
Na (Print or_Type)
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DWIG:HT E.~RO
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BOARD OF COUNTY COMMISSIONERS
COLLlER~Nr;, FLORIDA
BY. ~W. ~
FRED W. COYLE, Chalrm
Last Revised: 8/20/08
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Witness (Si ature)
~otey Sqnders
Name (Print f~
Witness (~ignatur~ .
~r6~r{.'J\JlJl(2_
Name (Print or Type)
~
NANDALALRANASINGHE
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Witness (Signature)
~Y-
JAYANTHI RANASINGHE
ers
Last Revised: 2/1/07
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Last Revised: 8/20/08