Amend 1 to Purchase Agreement - 101FEE PROJECT: 60143
PARCEL(s): 101 FEE
FOLIO(s): 22430001026
AMENDMENT TO PURCHASE AGREEMENT
THIS AMENDMENT TO PURCHASE AGREEMENT is made and entered into this
.4144 day of 14-0,‘,1 , 2017, by and between SONNY JOSEPH, a
married man (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political
subdivision of the State of Florida (hereinafter referred to as "the County").
WITNESSETH
WHEREAS, the County and Owner have previously entered into a Purchase
Agreement with an effective date of January 11, 2017 (hereinafter referred to as the
"Agreement" and attached as Exhibit "A" hereto) for the conveyance of a 28 acre parcel
for County's Immokalee Stormwater Improvement Program Project No. 60143; and
WHEREAS, pursuant to the terms of paragraph 3 of the Agreement, Owner shall
convey "marketable title free of any liens, encumbrances, exceptions, or qualifications";
and
WHEREAS, pursuant to the terms of paragraph 3(b) of the Agreement, Closing
Documents include "[i]nstruments required to remove, release or subordinate any and
all liens, exceptions and/or qualifications affecting County's enjoyment of the Property;
and
WHEREAS, pursuant to the terms of paragraph 4 of the Agreement, "[c]losing
shall occur within ninety (90) days of the date of execution" of the Agreement "or within
thirty (30) days of County's receipt of all Closing Documents, whichever is the later";
and
WHEREAS, the County objects to certain exceptions and/or encumbrances set
forth in the Commitment for Title Insurance No. 01206-63223 issued by Stewart Title
(hereinafter "title commitment"); and
WHEREAS, the County and Owner desire to extend the closing date so the
County may explore its options with regard to the exceptions and/or encumbrances set
forth in said title commitment; and
NOW THEREFORE, in consideration of the covenants and agreements provided within
the Agreement and Ten Dollars ($10.00) and other good and valuable consideration,
the said Agreement is hereby amended as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference
herein.
2. Paragraph 4 is hereby amended as follows:
TIME IS OF THE ESSENCE: Both Owner and County agree that time is of the
essence. Closing shall take place within forty-five (45) days from the date that all
title objections are resolved as set forth herein or that Closing Documents are
received by County, whichever is later. Therefore, Closing shall occur within
This agreement shall remain in full force and effect until Closing shall occur, until
and unless it is terminated for other cause. At Closing, payment shall be made
to Owner in that amount show on the Closing Statement as "Net Cash to the
Seller." County shall be entitled to full possession of the Property at Closing.
The County shall have an until August 1, 2017 to continue to explore its options
to resolve the objectionable exceptions and/or encumbrances to its sole
satisfaction.
In the event that the County is unable to resolve said objections to its sole
satisfaction, the County shall notify Owner in writing specifying County's
objections. Owner shall have ten (10) days from receipt of such notice to either
(i) agree to undertake to cure such objection(s) within thirty (30) days of the date
of County's notice of objection (the "Cure Period") or (ii) provide written notice to
County that Owner will not cure the objection(s) (the "Reply Period").
If Owner is unable to cure the title objection(s) to County's sole satisfaction within
the Cure Period or provides notice to County that Owner will not undertake to
cure the title objection(s), County, as its sole and exclusive remedy, shall have
the option of (a) accepting the title "as is" without recourse to Owner, or (b)
terminating this Agreement by written notice to Owner and thereupon County
and Owner shall each be released from all further obligations to each other
respecting matters arising from this Agreement.
3. All other terms and conditions of said Agreement between the County and Owner
remain unchanged and are in full force and effect. In addition, said terms and
conditions are applicable hereto except as expressly provided herein to the
contrary. This Amendment to Purchasing Agreement merges any prior written
and oral understanding and agreements, if any, between the parties with respect
to the matters set forth herein.
IN WITNESS WHEREOF, Owner and County have executed this Amendment to
Purchase Agreement the day and year first above written.
AS TO OWNER:
DATED: ,t Z 2 ( (* --
WITNESSES:
8 /42-L-440— _A-74/V1/14 -
(Signature) SONNY JOSEPH
SQW1 9 U /5 &
(Printed Name)
161444/44.)
(Signature)
(Printed Name)
ATTEST:
DWIGHT E. BROCK, CLERK COLLIER COUNTY
DATED: ill
Q(ek‘;iik-QA Cr-a4telit' k- By:
Attest as to CRftTsY CLERK PENN TAYLOR, IIRMAN
signitteson'y:
Approved for form and legality:
AJ
Jenni er A. Belpedi
Assistant County Attorney