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Backup Documents 01/14/2014 Item #16B4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B 4 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 42 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 42,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office j 4. BCC Office Board of County 'OF b Commissioners ,,, r �� `" �1 N cS7 l\�-`l,\� 5. Minutes and Records Clerk of Court's Office ,la PRIMARY CONTACT INFORMATION ;��I 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 Jean Jourdan, Phone Number 643-1115 ' r Contact/ Department Bayshore/Gateway Trian CRA Agenda Date Item was January 14,2014 Agenda Item Number 16.B.4 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account 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 'x appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JJ i , ;A'`' 2. Does the document need to be sent to another agency for additional signatures? If yes, NIT\ .." "` `, 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 JJ 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 NJA 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 JJ ,"- document or the final negotiated contract date whichever is applicable. . s 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TA g 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. I 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! ' • al 8. The document was approved by the BCC on 1/14/14 (enter date)and all is 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 forte 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 16B 4 4 Exclusive Right of Sale Listing Agreement rirsi rloriaRealtors 1 This Exclusive Right of Sale Listing Agreement("Agreement")is between 2* COLLIER CNTY COMMUNITY REDEVELOPMENT AGENCY& BOARD OF CNTY COMMISSIONER "Seiler") and 3* Premiere Plus Naples Realty LLC ("Broker") 4 1.AUTHORITY TO SELL PROPERTY:Seller gives Broker the EXCLUSIVE RIGHT TO SELL the real and personal property 5* (collectively"Property")described below, at the price and terms described below, beginning the 15th day of 6* January 2014 , and terminating at 11:59 p.m.the 14th day of July 2015 , 7 ("Termination Date").Upon full execution of a contract for sale and purchase of the Property,all rights and obligations of this 8 Agreement will automatically extend through the date of the actual closing of the sales contract. Seller and Broker s acknowledge that this Agreement does not guarantee a sale.This Property will be offered to any person without regard to race, 10 color, religion,sex, handicap,familial status, national origin or any other factor protected by federal,state or local law. Seller 11 certifies and represents that he/she/it is legally entitled to convey the Property and all improvements. 12 2. DESCRIPTION OF PROPERTY: 13* (a) Real Property Street Address: 4265&4315 Bayshore Dr. Naples Collier County, Florida 34112 14* 15* Legal Description: See attached addendum 16* ® See Attachment 17* (b)Personal Property, including appliances: 18* 19* ❑ See Attachment 20* (c) Occupancy: Property❑ is® is not currently occupied by a tenant. If occupied,the lease term expires 21 3.PRICE AND TERMS:The property is offered for sale on the following terms, or on other terms acceptable to Seller: 22* (a) Price: 3,500,000.00 23* (b) Financing Terms: 0:1 Cash x Conventional ❑ VA ❑ FHA ❑ Other 24* ❑ Seller Financing: Seller will hold a purchase money mortgage in the amount of$ with the 25* following terms: 26* ❑ Assumption of Existing Mortgage: Buyer may assume existing mortgage for$ plus 27* an assumption fee of$ . The mortgage is for a term of years beginning in , at 28* an interest rate of % ❑ fixed ❑ variable(describe) 29* Lender approval of assumption❑is required ❑is not required❑unknown. Notice to Seller:You may remain liable for an 30 assumed mortgage for a number of years after the Property is sold. Check with your lender to determine the extent of your 31 liability.Seller will ensure that all mortgage payments and required escrow deposits are current at the time of closing and will 32 convey the escrow deposit to the buyer at closing. 33* (c) Seller Expenses:Seller will pay mortgage discount or other closing costs not to exceed %of the purchase 34 price; and any other expenses Seller agrees to pay in connection with a transaction. 35 4.BROKER OBLIGATIONS AND AUTHORITY: Broker agrees to make diligent and continued efforts to sell the Property until 36 a sales contract is pending on the Property.Seller authorizes Broker to: 37 (a)Advertis e the Property as Broker deems advisable including advertising the Property on the Internet unless limited in 38 (4)(a)(i)or(4)(a)(ii)below. 39 ISeller opt-out)(Check one if applicable) ao* 111 (i) Display the Property on the Internet except the street address of the Property shall not be displayed on the Internet. 41* ❑ (ii)Seller does not authorize Broker to display the Property on the Internet. 42 Seller understands and acknowledges that if Seller selects option(ii),consumers who conduct searches for listings on 43 the Internet will not see information about the listed property in response to their search. 44* / Initials of Seller. 45 (b) Place appropriate transaction signs on the Property,including"For Sale"signs and"Sold"signs(once Seller signs a sales 46 contract)and use Seller's name in connection with marketing or advertising the Property. 47 (c)Obtain i nformation relating to the present mortgage(s)on the Property. 48 (d)Place th e Property in a multiple listing service("MLS"). Seller authorizes Broker to report to the MLS this listing 49 information and price,terms and financing information on any resulting sale for use by authorized Board/Association so members, MLS participants and subscribers; 51* Seller( )( )and Broker/Sales Associ e )( )acknowledge receipt of a copy of this page,which is Page 1 of 4 Pages. ERS-14tb Rev.11/09 C 2009 Florida Association of REALTORS® All Rights Reserved cAo'ct. (7) 16B 4 4 52 (e) Provide objective comparative market analysis information to potential buyers; and 53* (f) (Check if applicable) ❑ Use a lock box system to show and access the Property.A lock box does not ensure the 54 Property's security;Seller is advised to secure or remove valuables.Seller agrees that the lock box is for Seller's benefit and 55 releases Broker,persons working through Broker and Broker's local Realtor Board/Association from all liability and 56* responsibility in connection with any loss that occurs.❑Withhold verbal offers. ❑Withhold all offers once Seller accepts a 57 sales contract for the Property. 58 (g) Act as a transaction broker of Seller. 59 (h)Virtual Office Websites: Some real estate brokerages offer real estate brokerage services online.These websites are 60 referred to as Virtual Office Websites("VOW').An automated estimate of market value or reviews and comments about a 61 property may be displayed in conjunction with a property on some VOWs.Anyone who registers on a Virtual Office Website 62 may gain access to such automated valuations or comments and reviews about any property displayed on a VOW. Unless 63 limited below, a VOW may display automated valuations or comments/reviews(blogs)about this Property. 64* ®Seller does not authorize an automated estimate of the market value of the listing(or hyperlink to such estimate)to be 65 displayed in immediate conjunction with the listing of this Property. 66* X Seller does not authorize third parties to write comments or reviews about the listing of the Property(or display a hyperlink 67 to such comments or reviews)in immediate conjunction with the listing of this Property. 68 5.SELLER OBLIGATIONS: In consideration of Broker's obligations, Seller agrees to: 69 (a)Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to Broker all 70 inquiries regarding the Property's transfer,whether by purchase or any other means of transfer. 71 (b)Provide Broker with keys to the Property and make the Property available for Broker to show during reasonable times. 72 (c)Inform Broker prior to leasing, mortgaging or otherwise encumbering the Property. 73 (d)Indemnify Broker and hold Broker harmless from losses,damages, costs and expenses of any nature, including 74 attorney's fees, and from liability to any person,that Broker incurs because of(1)Seller's negligence, representations, 75 misrepresentations, actions or inactions, (2)the use of a lock box, (3)the existence of undisclosed material facts about the 76 Property, or(4)a court or arbitration decision that a broker who was not compensated in connection with a transaction is 77 entitled to compensation from Broker. This clause will survive Broker's performance and the transfer of title. 78 (e) To perform any act reasonably necessary to comply with FIRPTA(Internal Revenue Code Section 1445). 79 (f) Make all legally required disclosures, including all facts that materially affect the Property's value and are not readily 80 observable or known by the buyer. Seller certifies and represents that Seller knows of no such material facts(local 81* government building code violations, unobservable defects,etc.)other than the following: 82* 83 Seller will immediately inform Broker of any material facts that arise after signing this Agreement. 84 (g)Consult appropriate professionals for related legal,tax,property condition,environmental,foreign reporting requirements 85 and other specialized advice. 86 6.COMPENSATION:Seller will compensate Broker as specified below for procuring a buyer who is ready,willing and able to 87 purchase the Property or any interest in the Property on the terms of this Agreement or on any other terms acceptable to 88 Seller.Seller will pay Broker as follows(plus applicable sales tax); 89* (a) 6 %of the total purchase price plus$ OR$ , no later than 90 the date of closing specified in the sales contract. However, closing is not a prerequisite for Broker's fee being earned. 91* (b) ($or%)of the consideration paid for an option, at the time an option is created. If the option is exercised, 92 Seller will pay Broker the paragraph 6(a)fee, less the amount Broker received under this subparagraph. 93* (c) ($or%)of gross lease value as a leasing fee, on the date Seller enters into a lease or agreement to 94 lease,whichever is soonest.This fee is not due if the Property is or becomes the subject of a contract granting an exclusive 95 right to lease the Property. 96 (d) Broker's fee is due in the following circumstances:(1)If any interest in the Property is transferred,whether by sale, lease, 97 exchange, governmental action, bankruptcy or any other means of transfer, regardless of whether the buyer is secured by 98 Broker,Seller or any other person.(2)If Seller refuses or fails to sign an offer at the price and terms stated in this Agreement, 99* defaults on an executed sales contract or agrees with a buyer to cancel an executed sales contract.(3)If,within days after loo Termination Date("Protection Period"),Seller transfers or contracts to transferthe Property or any interest in the Property to any 101 prospects with whom Seller,Broker or any real estate licensee communicated regarding the Property prior to Termination Date. 102 However, no fee will be due Broker if the Property is relisted after Termination Date and sold through another broker. 103* (e) Retained Deposits:As consideration for Broker's services, Broker is entitled to receive %of all deposits that 104 Seller retains as liquidated damages for a buyer's default in a transaction, not to exceed the paragraph 6(a)fee. 1os 7.COOPERATION AND COMPENSATION WITH OTHER BROKERS: Broker's office policy is to cooperate with all other 1os* brokers except when not in Seller's best interest: X and to offer compensation in the amount of 3 %of the 107* purchase price or$ to Buyer's agents,who represent the interest of the buyers, and not the interest of Seller in 108* Seller( )( )and Broker/Sales Associate( )acknowledge receipt of a copy of this page,which is Page 2 of 4 Pages. ERS-14tb Rev.11/09 ©2009 Florida Association of REALTORS® All Rights Reserved O,CQ ED 16B 4 109* a transaction;X and to offer compensation in the amount of 3 %of the purchase price or$ to a 11o* broker who has no brokerage relationship with the Buyer or Seller;X and to offer compensation in the amount of 111* 3 %of the purchase price or$ to Transaction brokers for the Buyer;❑None of the above(if this is 112 checked,the Property cannot be placed in the MLS.) 113 8.BROKERAGE RELATIONSHIP: Under this Agreement, Broker will be acting as a transaction broker, Broker will deal 114 honestly and fairly with Seller,will account for all funds,will use skill, care, and diligence in the transaction,will disclose all 115 known facts that materially affect the value of the residential property which are not readily observable to the buyer,will present 116 all offers and counteroffers in a timely manner unless directed otherwise in writing and will have limited confidentiality with Seller 117 unless waived in writing. 118 9.CONDITIONAL TERMINATION:At Seller's request,Broker may agree to conditionally terminate this Agreement. If Broker 119 agrees to conditional termination,Seller must sign a withdrawal agreement,reimburse Broker for all direct expenses incurred 120* in marketing the Property and pay a cancellation fee of$ plus applicable sales tax. Broker may void the 121 conditional termination and Seller will pay the fee stated in paragraph 6(a)less the cancellation fee if Seller transfers or 122 contracts to transfer the Property or any interest in the Property during the time period from the date of conditional termination 123 to Termination Date and Protection Period, if applicable. 124 10. DISPUTE RESOLUTION:This Agreement will be construed under Florida law.All controversies, claims and other matters 125 in question between the parties arising out of or relating to this Agreement or the breach thereof will be settled by first 126 attempting mediation under the rules of the American Mediation Association or other mediator agreed upon by the parties. If 127 litigation arises out of this Agreement,the prevailing party will be entitled to recover reasonable attorney's fees and costs,unless 128 the parties agree that disputes will be settled by arbitration as follows:Arbitration: By initialing in the space provided, Seller 129* ( )( ), Listing Associate( )and Listing Broker( )agree that disputes not resolved by mediation will be settled 130 by neutral binding arbitration in the county in which the Property is located in accordance with the rules of the American 131 Arbitration Association or other arbitrator agreed upon by the parties. Each party to any arbitration(or litigation to enforce the 132 arbitration provision of this Agreement or an arbitration award)will pay its own fees, costs and expenses, including attorney's 133 fees, and will equally split the arbitrators'fees and administrative fees of arbitration. 134 11.MISCELLANEOUS:This Agreement is binding on Broker's and Seller's heirs, personal representatives, administrators, 135 successors and assigns. Broker may assign this Agreement to another listing office.This Agreement is the entire agreement 136 between Broker and Seller. No prior or present agreements or representations shall be binding on Broker or Seller unless 137 included in this Agreement. Signatures, initials and modifications communicated by facsimile will be considered as originals. 138 The term"buyer"as used in this Agreement includes buyers,tenants, exchangors, optionees and other categories of potential 139 or actual transferees. 140* 12.ADDITIONAL TERMS: All terms set forth in Agreement 13-6099 for Residential Real Estate Services, 141* dated June 25,2013,are incorporated herein as if fully stated. 142* 143* 144* 145* 146* 147* 148* 149* 150* 151* 152* 153* 154* 155* 156* 157* Seller( )( )and Broker/Sales Associate)( )acknowledge receipt of a copy of this page,which is Page 3 of 4 Pages. ERS-14tb Rev.11/09 ©2009 Florida Association of REALTORS® All Rights Reserved C).9(1,..1 C$1 * 16B 4 1 158* Date: Seller's Signature: ,.ec. _ Vl e X-4' P°S e, Tax ID No: 159* Home Telephone: Work Telephone: Facsimile: 160* Address: 161• Date: Seller's Signature: Tax ID No: 162* Home Telephone: Work Telephone: Facsimile: 163* Address: y� 164* Date: //,3 /`/ Authorized Listing Associate or Broker� eu��/E J\/d_ c..c.� 6 165* Brokerage Firm Name: Premiere Plus Realty Telephone: 239-732-7837 166* Address: 370 12th Avenue S.#538 167* Copy returned to Customer on the day of by:❑personal delivery❑mail❑E-mail❑facsimile. The Florida Association of REALTORS®makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction.This standardized form should not be used in complex transactions or with extensive riders or additions.This form is available for use by the entire real estate industry and is not intended to identify the user as REALTOR®.REALTOR®.is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS®and who subscribe to its Code of Ethics. The copyright laws of the United States(17 U.S.Code)forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. 168* Seller( )( )and Broker/Sales Associat .(-4k, ( )acknowledge receipt of a copy of this page,which is Page 4 of 4 Pages. ERS-14tb Rev.11/09 ©2009 Florida Association of REALTORS® All Rights Reserved q}-3:C10 0 cr- 16B 4 Witness Page for Exclusive Right of Sale Listing Agreement Between The Collier County Community Redevelopment Agency and Premier Plus Naples Realty,LLC. Property site address:4265 and 4315 Bayshore Drive,further described in Exhibit"A". IN WITNESS WHEREOF, the parties hereto have signed below. Dated Agreement Approved by BCC: ► 1 ∎y \\`-\ DATED: ■ \ \ --\.\\ -\ ATTEST: COLLIER COUNTY COMMUNITY DWIGHT tE BRQCK, Clerk REDEVELOPMENT AGE CY '• ' 0; i' '1 BY: t�' -tom` s ' • i �'�k Donna Fiala, Chairman Attest at to Chairn1an sianatt°r~ only: .. . A pp o'ved as to form orm and legal3Aicie : S�vvN ►F�fZ . 6L � � E..� 1CD Assistant County Attorney 1 0 1 6 B 41 EXHIBIT A .., ig -J. t F. :&..5'. iz- i: 2.4,3-,, .6- ,., v , 0.,041?.4-:.;:g ''' .4 '•:..,,'' :," V IT, ' Z!. Ig ,6151 -.'' '- ,§g .R ', E4, .f..I. 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