Backup Documents 03/26/2013 Item #14B1ORIGINAL DOCUMENTS CHECKLIST & ROUTING I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG T
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.
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 routine lines #1 through #2 complete the chenkBct and fir. —j t� the Att....- fNfV-
Route to Addressees (List in routing order)
Office
Initials
Date
1.
appropriate.
(Initial)
Applicable)
2.
3/26/13
Agenda Item Number
14.13.1 t/
3. County Attorney Office
Jennifer B. White
County Attorney Office
D e tA.)
3/25; 11 3
4. BCC Office
Board of County
Commissioners
1
Z
5. Minutes and Records
Clerk of Court's Office
Lk
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
Jean Jourdan Bayshore /Gateway CRA
Phone Number
643 -1115
Contact / Department
appropriate.
(Initial)
Applicable)
Agenda Date Item was
3/26/13
Agenda Item Number
14.13.1 t/
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
N /A
Type of Document
Attached
Statutory Deed
Number of Original
2,./
3.
Purchase & Sale Agreement
Documents Attached
PO number or account
The Documents should be returned to the
�/
number if document is
CRA and will be recorded after closing
g
e
to be recorded
and will be provided to the Clerk's for
N/A
safekeeping.
INSTRUCTIONS & CHF.CKI.IRT
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
U rK.& �
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
2.
Does the document need to be sent to another agency for additional signatures? If yes,
N /A
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
11
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
g
4.
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/A
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.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
JJ
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
j
should be provided to the County Attorney Office at the time the item is input into SIRE.
n
V
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 3/26/13 and all
changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the changes, if applicable.
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
U rK.& �
1481
MEMORANDUM
Date: April 2, 2013
To: Jean Jourdan, Project Manager
Bayshore Gateway Triangle CRA
4069 Bayshore Drive
Naples, Florida 34112
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Statutory Deed and a Purchase Agreement with NIAN
Financing Corporation for the sale of five CRA owned lots
Attached for further processing are original copies of the documents referenced above,
(Item #14131) approved by the Board of County Commissioners March 26, 2013.
After closing and subsequent recording has taken place, please return the fully
executed original documents to the Minutes & Record's Department for the Board's
Official Record.
If you have any questions, please contact me at 252 -8406.
Thank you.
PROJECT: BAYSHORE GATEWAY 1481
FOLIO NOS: 52700280000, 52700760009,
52700800008, 52700801007, and 52700840000,
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is made and
entered into by and between COLLIER COUNTY COMMUNITY REDEVELOPEMENT AGENCY, its
successors and assigns, whose mailing address is 3299 Tamiami Trail E., Naples, FL 34112
(hereinafter referred to as "Seller "), and NIAN FINANCING CORP., a Florida corporation, its
successors and assigns, whose mailing address is 6006 Radio Road, Naples, FL 34104 (hereinafter
referred to as "Purchaser ");
WHEREAS, Seller is the owner of those certain parcels of real property (hereinafter collectively
referred to as "Property "), located in Collier County, State of Florida, and being more particularly
described as follows:
Lots 7, 20, 21, 22 and 23, KELLY PLAZA, in accordance with and subject to the
plat recorded in Plat Book 3, Page 95 of the Public Records of Collier County, Florida
Subject to easements, restrictions, and reservations of record.
WHEREAS, Seller desires to convey the Property "as is" to Purchaser for the stated purposes
and Purchaser desires to acquire the Property "as is ", on the terms and conditions set forth herein;
and
WHEREAS, Purchaser has agreed to compensate Seller for conveyance of the Property;
NOW THEREFORE, in consideration of these premises, 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. Seller shall convey the Property to Purchaser via Statutory Deed for the sum of SIXTY SEVEN
THOUSAND FIVE HUNDRED and no /100 Dollars ($67,500), payable by wire transfer (said
transaction hereinafter referred to as the "Closing "). Said payment shall be full compensation
for the Property conveyed. This is a cash transaction with no contingencies for financing.
2. Purchaser shall deliver a deposit of SIX THOUSAND SEVEN HUNDRED FIFTY and no /100
Dollars ($6,750) together with this Agreement signed by Purchaser. The deposit will be held in
escrow by Stewart Title Co. ( "Escrow Agent ") subject to clearance. Escrow Agent's address is
3936 N. Tamiami Trail, Suite A, Naples, FL; Phone: (239) 262 -2163.
3. The effective date of the Agreement shall be the date the CRA Chairman signs the Agreement
( "Effective Date ").
4. Seller shall provide Purchaser with a copy of their existing Owner's Title Insurance Policies as
title evidence. Purchaser, at their expense, will be responsible for obtaining their own title
insurance commitment and Owner's Policy of Title Insurance.
5. The Closing of the transaction shall be held on or before thirty (30) days from the Effective Date.
At Closing, Purchaser shall deliver the wire transfer to Seller and Seller shall deliver the fully
executed Statutory Deed to the Purchaser. Purchaser shall be entitled to full possession of the
Property at Closing.
6. Seller shall convey a marketable fee simple title free of any liens, encumbrances, exceptions, or
qualifications. Marketable title shall be determined according to applicable title standards
adopted by the Florida Bar and in accordance with law.
7. Each party shall be responsible for the payment of its own attorney's fees, if any. Purchaser, at
its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the
recording of the Statutory Deed, in accordance with Chapter 201.01, Florida Statutes, and the
cost of the title commitment and the title policy. Purchaser shall pay for the cost of recording the
Statutory Deed. The cost of recording any instruments necessary to clear Seller's title to the
Property will be paid by Seller.
8. Ad Valorem and Non -Ad Valorem property taxes shall be prorated between Seller and
Purchaser on a 365 -day calendar or fiscal year, as appropriate, and shall be based on the
current year's tax. If Closing occurs at a date which the current year's tax is not fixed, taxes will
be prorated based upon such prior year's tax. In determining prorations, the closing date shall
be allocated to Purchaser.
9. Any and all brokerage commissions or fees shall be the sole responsibility of the Purchaser.
Purchaser shall indemnify Seller and hold Seller harmless from and against any claim or liability
for commission or fees to any broker or any other person or party claiming to have been
engaged by Purchaser as a real estate broker, salesman or representative, in connection with
this Agreement.
10. Purchaser acknowledges there shall be covenants that run with the lands of the property herein
described that will be fully binding on any successors, heirs, and assigns of owners who may
acquire any right, title, or interest in or to the property. A) Mobile homes shall not be permitted
on this site; and B) Construction must commence within 24 months from tl date of Closing.
Purchase Agreement
1461
Page 2
11. Conveyance of the Property by Seller is contingent upon no other provisions, conditions, or
premises other than those so stated herein; and the written Agreement shall constitute the
entire Agreement and understanding of the parties, and there are no other prior or written or oral
agreements, undertakings, promises, warranties, or covenants not contained herein.
12. This Agreement and the 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 both parties
hereto and their respective heirs, executors, personal representatives, successors, successor
trustees, and /or assignees, whenever the context so requires or admits.
13. Any amendment to this Agreement shall not bind any of the parties hereto unless such
amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to
this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by
both parties.
14. No waiver of any provision of this Agreement shall be effective unless it is in writing signed by
the party against whom it is asserted, and any waiver of any provision of this Agreement shall
be applicable only to the specific instance to which it is related and shall not be deemed to be a
continuing or future waiver as to such provision or a waiver as to any other provision.
15. 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 as of the dates set
forth herein below.
Date Property conveyance approved by BCC:
AS TO SELLER:
DATED: _��a(o 1 ►3
ATTEST:
DWtGH -T'E. BRQ GI ;Clerk
• ' uty Clerk
t0 ,.
AS TO PURCHASER:
DATED:
Witnes (ignature)
Name: G ',y#.!A/
_ (F�int or Type)
Na
or
Approved as to form and legal sufficiency:
COLLEEN GREENE
Assistant County Attorney
COLLIER COUNTY COMMUNITY
REDEVELOP N
BY:'�
TIM NANCE, Chairman
NIAN FINANCING CORP., a Florida corporation
By: -
TONIO WN
Its President
PROJECT: Bayshore /Gateway 14B1
PARCEL: LOT 7, 20, 21, 22 & 23
FOLIO: 52700280000, 52700760009,
52700800008 ,52700801007,52700840000
STATUTORY DEED
THIS DEED, made this 261h day of March, 2013, by COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY, its successors and assigns, whose mailing address is
3299 Tamiami Trail East, Naples, Florida 34112, (hereinafter called the Grantor), to
NIAN FINANCING CORP., a Florida corporation, its successors and assigns, whose
mailing address is 6006 Radio Road, Naples, FI 34104 (hereinafter called the Grantee).
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, successors or assigns.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten
Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby
acknowledged, does hereby grant, bargain and sell unto the Grantee, the following
described land lying and being in Collier County, Florida:
Lots 7, 20, 21, 22 and 23, KELLY PLAZA SUBDIVISION, AS PER PLAT THEROF
RECORDED IN PLAT BOOK 3, PAGE 95, PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA
Whereas, the Grantor does hereby impress the Property with the following deed
restrictions.
1. Property is restricted to construction of residential structures that conform to
the design standards of the Bayshore Mixed Use Overlay District.
2. Terms of the Agreement attached hereto and labeled as Exhibit "A"
Therefore, the provisions of this instrument are hereby declared Covenants running with
land and is fully binding on any successors, heirs, and assigns of owner's who may
acquire any right, title, or interest in or to the property, or any part thereof. Owner(s), its
successor, heirs and assigns hereby agree and covenant to abide and fully perform the
provisions of this instrument.
Subject to easements, restrictions, and reservations of record and the following
IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed by the Collier County Community Redevelopment Agency acting through its
Chairman, the day and year aforesaid.
ATTEST: , ,
DWIGHVE. BROOK, Clerk
•k, i
` tteS(-A.t��3 Deputy Clerk
(40 IAL SEAL)
Approved as to form and
legal sufficiency:
Coll e n M. Greene
Assistant County Attorney ��J
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By. Aa�-�
TIM NA CE, C airman
PROJECT: BAYSHORE GATEWAY
14 B �.
FOLIO NOS: 52700280000, 52700760009,
EXHIBIT._
52700800008, 52700801007, and 52700840000,
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is made and
entered into by and between COLLIER COUNTY COMMUNITY REDEVELOPEMENT AGENCY, its
successors and assigns, whose mailing address is 3299 Tamiami Trail E., Naples, FL 34112
(hereinafter referred to as "Seller "), and NIAN FINANCING CORP., a Florida corporation, its
successors and assigns, whose mailing address is 6006 Radio Road, Naples, FL 34104 (hereinafter
referred to as "Purchaser');
WHEREAS, Seller is the owner of those certain parcels of real property (hereinafter collectively
referred to as "Property "), located in Collier County, State of Florida, and being more particularly
described as follows:
Lots 7, 20, 21, 22 and 23, KELLY PLAZA, in accordance with and subject to the
plat recorded in Plat Book 3, Page 95 of the Public Records of Collier County, Florida
Subject to easements, restrictions, and reservations of record.
WHEREAS, Seller desires to convey the Property "as is" to Purchaser for the stated purposes
and Purchaser desires to acquire the Property "as is ", on the terms and conditions set forth herein;
and
WHEREAS, Purchaser has agreed to compensate Seller for conveyance of the Property;
NOW THEREFORE, in consideration of these premises, 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:
Q
3.
4.
5.
6.
7.
M
10.
Seller shall convey the Property to Purchaser via Statutory Deed for the sum of SIXTY SEVEN
THOUSAND FIVE HUNDRED and no /100 Dollars ($67,500), payable by wire transfer (said
transaction hereinafter referred to as the "Closing "). Said payment shall be full compensation
for the Property conveyed. This is a cash transaction with no contingencies for financing.
Purchaser shall deliver a deposit of SIX THOUSAND SEVEN HUNDRED FIFTY and no /100
Dollars ($6,750) together with this Agreement signed by Purchaser. The deposit will be held in
escrow by Stewart Title Co. ( "Escrow Agent ") subject to clearance. Escrow Agent's address is
3936 N. Tamiami Trail, Suite A, Naples, FL; Phone: (239) 262 -2163.
The effective date of the Agreement shall be the date the CRA Chairman signs the Agreement
( "Effective Date ").
Seller shall provide Purchaser with a copy of their existing Owner's Title Insurance Policies as
title evidence. Purchaser, at their expense, will be responsible for obtaining their own title
insurance commitment and Owner's Policy of Title Insurance.
The Closing of the transaction shall be held on or before thirty (30) days from the Effective Date.
At Closing, Purchaser shall deliver the wire transfer to Seller and Seller shall deliver the fully
executed Statutory Deed to the Purchaser. Purchaser shall be entitled to full possession of the
Property at Closing.
Seller shall convey a marketable fee simple title free of any liens, encumbrances, exceptions, or
qualifications. Marketable title shall be determined according to applicable title standards
adopted by the Florida Bar and in accordance with law.
Each party shall be responsible for the payment of its own attorney's fees, if any. Purchaser, at
its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the
recording of the Statutory Deed, in accordance with Chapter 201.01, Florida Statutes, and the
cost of the title commitment and the title policy. Purchaser shall pay for the cost of recording the
Statutory Deed. The cost of recording any instruments necessary to clear Seller's title to the
Property will be paid by Seller.
Ad Valorem and Non -Ad Valorem property taxes shall be prorated between Seller and
Purchaser on a 365 -day calendar or fiscal year, as appropriate, and shall be based on the
current year's tax. If Closing occurs at a date which the current year's tax is not fixed, taxes will
be prorated based upon such prior year's tax. In determining prorations, the closing date shall
be allocated to Purchaser.
Any and all brokerage commissions or fees shall be the sole responsibility of the Purchaser.
Purchaser shall indemnify Seller and hold Seller harmless from and against any claim or liability
for commission or fees to any broker or any other person or party claiming to have been
engaged by Purchaser as a real estate broker, salesman or representative, in connection with
this Agreement.
Purchaser acknowledges there shall be covenants that run with the lands of the property herein
described that will be fully binding on any successors, heirs, and assigns of owners who may
acquire any right, title, or interest in or to the property. A) Mobile homes shall not be permitted
on this site; and B) Construction must commence within 24 months from t date of Closing.
Purchase Agreement
1481
Page 2
11. Conveyance of the Property by Seller is contingent upon no other provisions, conditions, or
premises other than those so stated herein; and the written Agreement shall constitute the
entire Agreement and understanding of the parties, and there are no other prior or written or oral
agreements, undertakings, promises, warranties, or covenants not contained herein.
12. This Agreement and the 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 both parties
hereto and their respective heirs, executors, personal representatives, successors, successor
trustees, and /or assignees, whenever the context so requires or admits.
13. Any amendment to this Agreement shall not bind any of the parties hereto unless such
amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to
this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by
both parties.
14. No waiver of any provision of this Agreement shall be effective unless it is in writing signed by
the party against whom it is asserted, and any waiver of any provision of this Agreement shall
be applicable only to the specific instance to which it is related and shall not be deemed to be a
continuing or future waiver as to such provision or a waiver as to any other provision.
15. 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 as of the dates set
forth herein below.
Date Property conveyance approved by BCC:
AS TO SELLER: .
DATED: .. " '31 ► 3
fi
ATTEST: , r ,
DWIQHT t. °BI O K, G[erk
ti
S,,., Di ty Clerk
Attot Is
sjpatO only.
AS TO PURCHASER:
DATED: /3
Witnes ignature)
Name:�1�/
(F:�int or Type)
re
or
Approved as to form and legal sufficiency:
COLLEEN GREENED
Assistant County Attorney
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AG CY
BY: 7
TIM N NCE, Chairman
NIAN FINANCING CORP., a Florida corporation
TONIOIN
Its President
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. 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**ROUT I,NG 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
1. County Attorney Office County Attorney Office JAB 1/16/15
2. BCC Office Board of County
Commissioners
3. Minutes and Records Clerk of Court's Office 3; .l
�Y1 t (26(6 PM
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 Jennifer A.B pedio Phone Number 239-252-8194
Contact/ Department
Agenda Date Item was 3/26/13* Agenda Item Number Q `
Approved by the BCC V 1
Type of Document Corrective Statutory Deed Number of Original 1 (Corrective Statutory
Attached Documents Attached Deed and Exhibit A)
PO number or account
if document is S C ci.
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? JAB
2. Does the document need to be sent to another agency for additional signatures? If yes, NA
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 JAB
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 NA
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 NA
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 JAB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NA
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 3/26/13and all changes made during the JAB
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 for the
Chairman's signature.
*The Statutory Deed containing Exhibit A was signed by the CRA Chairman. ho ever, the Statutory Deed
was recorded without Exhibit A. The CRA's title company is requiring that an original Statutory Deed be re-
recorded with Exhibit A. The original Statutory Seed cannot be located. As such, this routing sheet is to
obtain signature on a Corrective Statutory Deed containing Exhibit A so it may be recorded. It is legally
appropriate to process an original Corrective Statutory Deed with a copy of Exhibit A. -JAB
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
NeetVirginia
From: BelpedioJennifer
Sent: Friday, January 16, 2015 1:14 PM
To: NeetVirginia
Subject: FW: Need PO Number for Nain
See below for the PO for the routing sheet for Nian Corrective Statutory Deed
From: JourdanJean
Sent: Friday, January 16, 2015 12:31 PM
To: BelpedioJennifer
Subject: RE: Need PO Number for Nain
Thank you Jennifer,the fund is 187-138325-634980.
From: BelpedioJennifer
Sent: Friday, January 16, 2015 9:49 AM
To: JourdanJean
Subject: Need PO Number for Nain
Jean,
Can you e-mail me the PO number to record the Statutory Deed for Nain? Otherwise, it is all ready for processing.
JetiwLi f e fr A. 6e- 4o-
Assistant County Attorney
Collier County, Florida
Direct Dial: (239) 252-5709
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
1
Ann P. Jennejohn
From: Jourdan,Jean
Sent: Wednesday, February 04, 2015 1:00 PM
To: Ann P.Jennejohn
Subject: RE: NIAN Corrective Statutory Deed (Kelly Plaza Lots 7, 20, 21, 22 and 23)
Thanks Ann.
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@lcollierclerk.com]
Sent: Wednesday, February 04, 2015 12:52 PM
To: JourdanJean
Subject: NIAN Corrective Statutory Deed (Kelly Plaza Lots 7, 20, 21, 22 and 23)
Hi Jean,
A copy of the NIAN Corrective Statutory Deed (w/Exhibit A)
is attached for your records. The last page that's attached
is a receipt for document recording charges.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s).It may not be used or disclosed except for the purpose
for which it has been sent.If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message.
Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County.If you have received this
communication in error,please notify the Clerk's Office by emailing helpdesk@collierclerk,com quoting the sender and delete the message and any attached documents.The Collier County
Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.
Instead,contact this office by telephone or in writing.
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
1
INSTR 5078669 OR 5116 PG 1032
PROJECT: Bayshore/Gateway RECORDED 1/29/2015 1 25 PM PAGES 3
PARCEL: LOT 7, 20, 21, 22 & 23 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
FOLIO: 52700280000, 52700760009, COLLIER COUNTY FLORIDA
DOC @.70$0.70 REC$27.00
52700800008, 52700801007, 52700840000
CORRECTIVE STATUTORY DEED
THIS DEED, made this 26th day of March, 2013, by COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY, its successors and assigns, whose mailing address is
3299 Tamiami Trail East, Naples, Florida 34112, (hereinafter called the Grantor), to
NIAN FINANCING CORP., a Florida corporation, its successors and assigns, whose
mailing address is 6006 Radio Road, Naples, Fl 34104 (hereinafter called the Grantee).
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, successors or assigns.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten
Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby
acknowledged, does hereby grant, bargain and sell unto the Grantee, the following
described land lying and being in Collier County, Florida:
Lots 7, 20, 21, 22 and 23, KELLY PLAZA SUBDIVISION, AS PER PLAT THEREOF
RECORDED IN PLAT BOOK 3, PAGE 95, PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA
Whereas, the Grantor does hereby impress the Property with the following deed
restrictions.
1. Property is restricted to construction of residential structures that conforms to
the design standards of the Bayshore Mixed Use Overlay District.
2. Terms of the Agreement attached hereto and labeled as Exhibit "A."
Therefore, the provisions of this instrument are hereby declared Covenants running with
land and is fully binding on any successors, heirs, and assigns of owner's who may
acquire any right, title, or interest in or to the property, or any part thereof. Owner(s), its
successor, heirs and assigns hereby agree and covenant to abide and fully perform the
provisions of this instrument.
Subject to easements, restrictions, and reservations of record and the following.
This Corrective Deed is being recorded to correct that Certain Statutory Deed
recorded as Instrument # 4824884, in the Public Records of Collier County, Florida, in
that the Statutory Deed did not contain Exhibit "A."
IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed by the Collier County Community Redevelopment Agency acting through its
Chairman, the day and year aforesaid.
ATTEST:
DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
OLIALt
of y
Attest as to •i' 9peputy Clerk TIM NANCE, Chairman
(O443 rL AL)
Approved as to form and
legality:
CLA ?'
Jennifer A. Bel edi
Assistant County Atto
p ey
PROJECT: BAYSHORE GATEWAY J1
FOLIO NOS: 52700280000,52700760009, j'"-"'
52700800008,52700801007,and 52700840000,
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by and between COLLIER COUNTY COMMUNITY REDEVELOPEMENT AGENCY, its
successors and assigns, whose mailing address is 3299 Tamiami Trail E., Naples, FL 34112
(hereinafter referred to as "Seller"), and NIAN FINANCING CORP., a Florida corporation, its
successors and assigns, whose mailing address is 6006 Radio Road, Naples, FL 34104 (hereinafter
referred to as "Purchaser");
WHEREAS, Seller is the owner of those certain parcels of real property (hereinafter collectively
referred to as "Property"), located in Collier County, State of Florida, and being more particularly
described as follows:
Lots 7, 20, 21, 22 and 23, KELLY PLAZA, in accordance with and subject to the
plat recorded in Plat Book 3, Page 95 of the Public Records of Collier County, Florida
Subject to easements, restrictions, and reservations of record.
WHEREAS, Seller desires to convey the Property "as is" to Purchaser for the stated purposes
and Purchaser desires to acquire the Property "as is", on the terms and conditions set forth herein;
and
WHEREAS, Purchaser has agreed to compensate Seller for conveyance of the Property;
NOW THEREFORE, in consideration of these premises, 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. Seller shall convey the Property to Purchaser via Statutory Deed for the sum of SIXTY SEVEN
THOUSAND FIVE HUNDRED and no/100 Dollars ($67,500), payable by wire transfer (said
transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation
for the Property conveyed. This is a cash transaction with no contingencies for financing.
2. Purchaser shall deliver a deposit of SIX THOUSAND SEVEN HUNDRED FIFTY and no/100
Dollars ($6,750) together with this Agreement signed by Purchaser. The deposit will be held in
escrow by Stewart Title Co. ("Escrow Agent") subject to clearance. Escrow Agent's address is
3936 N. Tamiami Trail, Suite A, Naples, FL; Phone: (239) 262-2163.
3. The effective date of the Agreement shall be the date the CRA Chairman signs the Agreement
("Effective Date').
4. Seller shall provide Purchaser with a copy of their existing Owner's Title Insurance Policies as
title evidence. Purchaser, at their expense, will be responsible for obtaining their own title
insurance commitment and Owner's Policy of Title Insurance.
5. The Closing of the transaction shall be held on or before thirty (30) days from the Effective Date.
At Closing, Purchaser shall deliver the wire transfer to Seller and Seller shall deliver the fully
executed Statutory Deed to the Purchaser. Purchaser shall be entitled to full possession of the
Property at Closing.
6. Seller shall convey a marketable fee simple title free of any liens, encumbrances, exceptions, or
qualifications. Marketable title shall be determined according to applicable title standards
adopted by the Florida Bar and in accordance with law.
7. Each party shall be responsible for the payment of its own attorney's fees, if any. Purchaser, at
its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the
recording of the Statutory Deed, in accordance with Chapter 201.01, Florida Statutes, and the
cost of the title commitment and the title policy. Purchaser shall pay for the cost of recording the
Statutory Deed. The cost of recording any instruments necessary to clear Seller's title to the
Property will be paid by Seller. ,
8. Ad Valorem and Non-Ad Valorem property taxes shall be prorated between Seller and
Purchaser on a 365-day calendar or fiscal year, as appropriate, and shall be based on the
current year's tax. If Closing occurs at a date which the current year's tax is not fixed, taxes will
be prorated based upon such prior year's tax. In determining prorations, the closing date shall
be allocated to Purchaser.
9. Any and all brokerage commissions or fees shall be the sole responsibility of the Purchaser.
Purchaser shall indemnify Seller and hold Seller harmless from and against any claim or liability
for commission or fees to any broker or any other person or party claiming to have been
engaged by Purchaser as a real estate broker, salesman or representative, in connection with
this Agreement.
10. Purchaser acknowledges there shall be covenants that run with the lands of the property herein
described that will be fully binding on any successors, heirs, and assigns of owners who may
acquire any right, title, or interest in or to the property. A) Mobile homes shall not be permitted
,I.ion this site; and B) Construction must commence within 24 months from t date of Closing.
Purchase Agreement Page 2
11. Conveyance of the Property by Seller is contingent upon no other provisions, conditions, or
premises other than those so stated herein; and the written Agreement shall constitute the
entire Agreement and understanding of the parties, and there are no other prior or written or oral
agreements, undertakings, promises, warranties, or covenants not contained herein.
12. This Agreement and the 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 both parties
hereto and their respective heirs, executors, personal representatives, successors, successor
trustees, and/or assignees, whenever the context so requires or admits.
13. Any amendment to this Agreement shall not bind any of the parties hereto unless such
amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to
this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by
both parties.
14. No waiver of any provision of this Agreement shall be effective unless it is in writing signed by
the party against whom it is asserted, and any waiver of any provision of this Agreement shall
be applicable only to the specific instance to which it is related and shall not be deemed to be a
continuing or future waiver as to such provision or a waiver as to any other provision.
15. 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 as of the dates set
forth herein below.
Date Property conveyance approved by BCC:
AS TO SELLER;.. ;
DATED: 3."t .3/a{ 1 i
ATTEST ;. COLLIER COUNTY COMMUNITY
DWI6Hre B1RO' K, Clerk REDEVELOPM NT AG CY
• .4
a/:1)1'.....� I. 5F- BY emu-'
';(a? Degu y Clerk TIM N NCE, Chairman
Atte$. a , .a,,,
signature calyx'
AS TO PURCHASER:
DATED: 3)41/13 .-- -.
Q-'/Z- ---- NIAN FINANCING CORP., a Florida corporation
Witnes ignature) / NTONIO OWN
Name: �a'� /� C_. 109V Its President
(' int or Type)
%/ ►
Tr - .'e nat re)
Nam- ; ,., firi\ U}n
"rant or Ty.;)
Approved as to form and legal sufficiency:
c'....-47)-\ \.,............, kr),
COLLEEN GREENE
Assistant County Attorney