Backup Documents 04/25/2017 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I
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.
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
2.
3. County Attorney Office County Attorney Office
Ola l�-
4. BCC Office Board of County
Commissioners V N( / 4\2.SV\
5. Minutes and Records Clerk of Court's Office
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 Michelle L.Swe Phone Number 252-6027
Contact/ Department Transportation ngineering-ROW
Agenda Date Item wasAgenda Item Number
Approved by the BCC qi.b- 11 kk l'
Type of Document Number of Original
Attached 14an 1- 45 -f Documents Attached
PO number or account
number if document is Oil
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?
2. Does the document need to be sent to another agency for additional signatures? If yes,
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
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
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
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
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.
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 4!siii (enter date)and all changes made
during the meeting have been incorporated in the attached document. The County /t'
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 for -
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
164 ii
MEMORANDUM
Date: April 26, 2017
To: Michelle Sweet, Property Acquisition
Transportation Engineering
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Amendment to Purchase Agreement— Immokalee Stormwater
Improvement Program - Project #60143
Parcel: 101FEE
Attached for your records is a copy as referenced above, (Item #16A11) approved by
the Board of County Commissioners on Tuesday, April 25, 2017.
If you have any questions, please call me at 252-8411.
Thank you.
Attachment
16411 1
PROJECT: 60143
PARCEL(s): 101 FEE
FOLIO(s): 22430001026
AMENDMENT TO PURCHASE AGREEMENT
THIS AMENDMENT TO PURCHASE AGREEMENT is made and entered into this
day of A-(14‘;( , 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
1 6 A i
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. • - - = -, - -- - - - - --- • •
ninety (90) days of the date of the execution of this Agreement or within thirty
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
obiections. 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.
1 6 A 1 1
IN WITNESS WHEREOF, Owner and County have executed this Amendment to
Purchase Agreement the day and year first above written.
AS TO OWNER:
DATED: 'Z20-
WITNESSES:
A)-r),•4. /42-L14-4- /ft-MA/VW\--
(Signature) SONNY JOSEPH
SAW.YPS,��
(Printed Name)
(Signature)
Chi: