Backup Documents 03/12/2019 Item #16A 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 1
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#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.
2. County Attorney Office County Attorney Office
W,g , 3///i l9
3. BCC Office Board of County t-- -,\
Commissioners \r /S/ Ll\\
4. Minutes and Records Clerk of Court's Office ,/ 1 v J l 4 A 3.‘141§1-v‘
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 Sonja Stephenson Phone Number 252-5880
Contact/ Department
Agenda Date Item was March 12,2019 l Agenda Item Number 16A ..
Approved by the BCC
Type of Document Purchase Agreement Number of Original 1
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever L.- -- Yes N/A(Not
appropriate. ------"• (Initial) Applicable)
1. Does the document require the chairman's original signature? E- w‘.p p IZ X
2. Does the document need to be sent to another agency for additi6nal signatures? If yes, X
provide the Contact Information(Name;Agency;Address;Phone)_on an attached sheet.
Needs Clerk's attestation
3. Original document(s)has/have 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. * X
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
document or the final negotiated contract date whichever is applicable. X
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. X
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. X
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 March 12,2019(enter date)and all
changes made during the meeting have been incorporated in the attached document. 0
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.
Please scan under 60168 -Vanderbilt Beach Road Extension in the BMR 14,41,Property Folder. Thank you
v T ,dt C A n S -ID Ati;AY1c P Oce . ° 3
"^Q 310 )19
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
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MEMORANDUM
Date: March 15, 2019
To: Sonja Stephenson, Property Acquisition Specialist
Transportation Eng. & Const. Mgmt.
From: Teresa Cannon, Sr. Deputy Clerk
Minutes & Records Department
Re: Purchase Agreement— Project #60168— Vanderbilt Beach
Road Extension
Parcel: 1228POND-POND7A - Folio #37445760004
Attached is a copy of the agreement referenced above, (Agenda Item #16A1) approved
by the Board of County Commissioners on Tuesday, March 12, 2019.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
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PROJECT: 60168 — Vanderbilt Beach Road Extension
PARCEL No(s): 1228POND — POND7A
FOLIO No(s): 37445760004
PURCHASE AGREEMENT
(for Stormwater Retention Pond Sites)
THIS PURCHASE AGREEMENT is made and entered into on this ` i day of
✓ilC' , 20 Ir', by and between KAY GERKEN a/k/a KAY GERKEN-
KREHER, whose mailing address is Wilhelmstr. 42, 10963 Berlin, Germany (hereinafter
referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County
Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Purchaser").
WHEREAS, Seller owns that certain property more particularly described as:
All of Tract 87, Golden Gate Estates, Unit 17, according to the plat thereof as
recorded in Plat Book 7, at Pages 5 and 6, Public Records of Collier County, Florida,
Subject to easements, restrictions, and reservations of record,
together with all structures and improvements (hereinafter referred to as "Property"); and
WHEREAS, Purchaser requires the Property for stormwater retention purposes;
and
WHEREAS, Seller has agreed to sell, and Purchaser has agreed to purchase the
Property subject to the terms and conditions that follow.
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. AGREEMENT
In consideration of the purchase price and upon the terms and conditions hereinafter set
forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property.
2. PURCHASE PRICE
The purchase price (the "Purchase Price") for the Property shall be $100,000 (U.S.
Currency) payable at time of closing. The Purchase Price, subject to the apportionment
and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full
compensation for the Property conveyed, including all structures, improvements, fixtures,
landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement
of all claims against the Purchaser, including all attorneys' fees, expert witness fees and
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costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is
attributed to any personal property.
3. CLOSING
A. TIME IS OF THE ESSENCE. Therefore, the Closing (THE "CLOSING DATE",
"DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before
one hundred twenty (120) days following execution of this Agreement by the
Purchaser or within thirty (30) days of receipt by purchaser of all fully executed
closing documents and documents necessary to convey marketable title free of any
liens, encumbrances, exceptions, or qualifications, whichever is later, unless
extended by mutual written agreement of the parties hereto. The Closing shall be
held at Collier County Transportation, 2885 Horseshoe Drive S, Naples, Florida
34104. Purchaser shall be entitled to possession at the time of Closing, unless
otherwise provided herein.
B. Seller shall convey a marketable 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.
Within ten (10) days of the Effective Date of this Agreement, Seller shall provide
Purchaser with a copy of any existing title insurance policy and survey. Three (3)
weeks before the Closing, the Seller shall cause to be delivered to the Purchaser
any documents necessary to convey marketable title and the following documents
and instruments duly executed and acknowledged, in recordable form:
1. General Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
2. Combined Purchaser-Seller closing statement.
3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as
required by Section 1445 of the Internal Revenue Code and as required by
the title insurance underwriter in order to insure the "gap" and issue the
policy contemplated by the title insurance commitment.
4. A W-9 Form, "Request for Taxpayer Identification and Certification" or an
Individual Taxpayer Identification Number (ITIN) as required by the Internal
Revenue Service.
5. Such evidence of authority and capacity of Seller and its representatives to
execute and deliver this Agreement.
6. All other documents required to consummate this transaction, as reasonably
determined by Purchaser's counsel and/or title company.
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C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered
to the Seller a County Warrant in an amount equal to Net Cash to Seller on the
Closing Statement. No funds shall be disbursed to Seller until there is verification
that there has been no adverse change to the state of the title to the Property since
the date of the last title commitment, referenced in Section 6 "Requirements and
Conditions for Closing" below.
D. Purchaser shall pay all fees to record any curative instruments required to clear
title, and all Warranty Deed recording fees. In addition, Purchaser may elect to pay
reasonable processing fees required by mortgagees in connection with the
execution and delivery of a Release or Satisfaction of any mortgage, lien or other
encumbrance recorded against the Property; provided, however, that any
apportionment and distribution of the full compensation amount in Section 2 which
may be required by any mortgagee, lien-holder or other encumbrance-holder as
payoff, paydown, or for the protection of its security interest, or as consideration due
to any diminution in the value of its property right, shall be the responsibility of the
Seller, and shall be deducted on the Closing Statement from the compensation
payable to the Seller per Section 2. County shall have sole discretion as to what
constitutes "reasonable processing fees."
E. The cost of a Title Commitment shall be paid by Purchaser along with the cost
of a Seller's Form B Title Policy, issued pursuant to the Commitment provided for in
Section 6, "Requirements and Conditions" (below). Furthermore, there shall be
deducted from the proceeds of sale all past due and prior year ad valorem and non-
ad valorem taxes and assessments levied against the parent tract property which
remain unpaid as of the date of Closing. All taxes shall be withheld as required by
the Foreign Investment in Real Property Act of 1980.
F. Real Property taxes shall be prorated based on the current year's tax and paid
by Seller. If Closing occurs at a date upon which the current year's millage is not
fixed, taxes will be prorated based upon the prior year's millage.
4. INSPECTIONS
A. Inspection Period. Purchaser shall have sixty (60) days from the Effective Date
(Inspection Period) to determine through appropriate investigation and inspection
that the Property is in compliance with all applicable State and Federal
environmental laws and free of any Hazardous Materials. Upon reasonable notice,
Seller will provide Purchaser, and its agents, with access to the Property for
purposes of surveying, soil borings, site inspection and analysis.
B. Election and Response. If Purchaser is not satisfied, for any reason, with the
results of this investigation, Purchaser may elect to terminate this Agreement,
without penalty, by giving written notice of its intent to terminate prior to expiration of
the Inspection Period. Purchaser may elect to suspend its Notice of Termination if
Seller notifies Purchaser in writing within ten (10) days thereafter that Seller agrees
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to promptly carry out, at its sole expense, all further investigations and remediation
of the Property as necessary to make the Property acceptable to Purchaser
(hereinafter "Remedial Action") within a time period acceptable to Purchaser. As a
condition precedent for suspension of the Notice of Termination, the parties shall
agree to the specific term of such suspension and what will render the Property
acceptable to Purchaser.
C. "Hazardous Materials" means any substance: (1) the presence of which
requires investigation, remediation, or is, or becomes regulated under any federal.
state, or local law, regulation, order or policy; or (2) which is or becomes defined as
a hazardous substance, pollutant or contaminant under federal, state or local law or
regulation; or (3) which is toxic, explosive, corrosive, flammable, infectious,
radioactive, carcinogenic, mutagenic or otherwise hazardous, or threatens the
health or safety of persons on or about the Property, and is being regulated by any
governmental authority in the state of Florida.
5. RISK OF LOSS
Seller shall maintain the Property in the condition existing on the Effective Date until
Closing or date of Purchaser's possession, whichever is later, except for any Remedial
Action agreed to by Seller under Section 4B above. Any future loss and/or damage to
the Property between the Effective Date and the Closing or date of Purchaser's
possession, whichever is earlier, shall be at Seller's sole risk and expense.
6. REQUIREMENTS AND CONDITIONS FOR CLOSING
Upon execution of this Agreement by both parties or at such other time as specified within
this Section, Purchaser and/or Seller, as the case may be, shall perform the following
within the times stated, which shall be conditions precedent to the Closing:
A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall
obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with
Florida Modifications covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt
of the title insurance commitment, to notify Seller in writing of any objection to title
other than liens evidencing monetary obligations, if any, which obligations shall be
paid at closing. If the title commitment contains exceptions that make the title
unmarketable, Purchaser shall deliver to the Seller written notice of its intention to
waive the applicable contingencies or to terminate this Agreement.
B. Upon notification of Purchaser's objection to title, Seller shall have thirty (30)
days to remedy any defects in order to convey good and marketable title, except for
liens or monetary obligations which will be satisfied at Closing. Seller, at its sole
expense, shall use its best efforts to make such title good and marketable. In the
event Seller is unable to cure said objections within said time period, Purchaser, by
providing written notice to Seller within seven (7) days after expiration of said thirty
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(30) day period, may accept title as it then is, waiving any objection, or may terminate
the Agreement.
C. Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within ten (10) days of the Effective Date of this Agreement.
Purchaser shall have the option, at its own expense, to obtain a current survey of
the Property prepared by a surveyor licensed by the State of Florida. If the survey
provided by Seller or obtained by Purchaser, as certified by a licensed Florida
surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement
located on the Property projects onto lands of others, or (c) lack of legal access to a
public roadway, the Purchaser shall notify the Seller in writing, within sixty (60) days
from the Effective Date of this Agreement, of such encroachment, projection, or lack
of legal access, and Seller shall have the option of curing said encroachment or
projection, or obtaining legal access to the Property from a public roadway. Should
Seller elect not to or be unable to remove the encroachment, projection, or provide
legal access to the property within sixty (60) days, Purchaser may accept the
Property as it then is, waiving any objection to the encroachment, or projection, or
lack of legal access, or Purchaser may terminate the Agreement, by providing written
notice to Seller within seven (7) days after expiration of said sixty (60) day period.
7. TERMINATION AND REMEDIES
A. If Seller shall have failed to perform any of the covenants and promises
contained herein, which are to be performed by Seller, within fifteen (15) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity to
a contract vendee, including the right to seek specific performance of this
Agreement.
B. If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination and Purchaser fails to close the transaction
contemplated hereby or otherwise fails to perform any of the terms, covenants and
conditions of this Agreement as required on the part of Purchaser to be performed,
provided Seller is not in default, then as Seller's sole remedy, Seller shall have the
right to terminate and cancel this Agreement by giving written notice thereof to
Purchaser, whereupon $500.00 of the Purchase Price shall be paid to Seller as
liquidated damages which shall be Seller's sole and exclusive remedy, and neither
party shall have any further liability or obligation to the other except as set forth in
Section 10 hereof, "Real Estate Brokers". Nothwithstanding anything to the contrary
herein contained, the Purchaser shall have the right to terminate this agreement
without cause, in which event the liquidated damages provisions of this Section 7B
shall equally apply and Seller's sole remedy shall be a claim for payment of $500 of
the Purchase Price. The parties acknowledge and agree that Seller's actual
damages in the event of Purchaser's default or termination without cause are
uncertain in amount and difficult to ascertain, and that said amount of liquidated
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damages was reasonably determined by mutual agreement between the parties,
and said sum was not intended to be a penalty in nature.
C. The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties and take into account the peculiar risks and expenses of each
of the parties.
8. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
Seller intends for Purchaser to rely on the representations contained in this Section in
entering into this Agreement and warrants the following:
A. Seller has full right and authority to enter into and to execute this Agreement
and to undertake all actions and to perform all tasks required of each hereunder.
Seller is not presently the subject of a pending, threatened or contemplated
bankruptcy proceeding.
B. Seller has full right, power, and authority to own and operate the Property, and
to execute, deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby. Prior to Closing, and upon the request of
Purchaser or the Title Company, certified copies of such approvals shall be delivered
to Purchaser or the Title Company.
C. The warranties set forth in this Article are true on the Effective Date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the
said Property shall not be deemed to be full performance and discharge of every
agreement and obligation on the part of the Seller to be performed pursuant to the
provisions of this Agreement.
D. Seller and Purchaser agree to do all things which may be required to give effect
to this Agreement immediately as such requirement is made known to them or they
are requested to do so, whichever is the earlier.
E. Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at law,
equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property that
could, if continued, adversely affect Seller's ability to sell the Property to Purchaser
according to the terms of this Agreement.
F. No party or person other than Purchaser has any right or option to acquire the
Property or any portion thereof.
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G. Until the date fixed for Closing or as long as this Agreement remains in force
and effect, Seller shall not encumber or convey any portion of the Property or any
rights therein, nor enter into any agreements granting any person or entity any rights
with respect to the Property or any part thereof, without first obtaining the written
consent of Purchaser to such conveyance, encumbrance, or agreement which
consent may be withheld by Purchaser for any reason whatsoever.
H. Seller represents that Seller has no knowledge that any pollutants are or have
been discharged from the Property, directly or indirectly into any body of water.
Seller represents the Property has not been used for the production, handling,
storage, transportation, manufacture or disposal of Hazardous Materials as defined
herein, or any other activity that would have toxic results, and no such Hazardous
Materials are currently used in connection with the operation of the Property, and
there is no proceeding or inquiry by any authority with respect thereto. Seller
represents that Seller has no knowledge that there is ground water contamination
on the Property or potential of ground water contamination from neighboring
properties. Seller represents no storage tanks for gasoline or any other Hazardous
Materials are or were located on the Property at any time during or prior to Seller's
ownership thereof. Seller represents none of the Property has been used as a
sanitary landfill.
I. Seller has no knowledge that the Property, and/or that Seller's operations
concerning the Property, are in violation of any applicable Federal, State or local
statute, law or regulation, or of any notice from any governmental body has been
served upon Seller claiming any violation of any law, ordinance, code or regulation
or requiring or calling attention to the need for any work, repairs, construction,
alterations or installation on or in connection with the Property in order to comply
with any laws, ordinances, codes or regulation with which Seller has not complied.
J. There are no unrecorded restrictions, easements or rights of way (other than
existing zoning regulations) that restrict or affect the use of the Property, and there
are no maintenance, construction, advertising, management, leasing, employment,
service or other contracts affecting the Property.
K. Seller has no knowledge that there are any suits, actions or arbitration, bond
issuances or proposals therefore, proposals for public improvement assessments,
pay-back agreements, paving agreements, road expansion or improvement
agreements, utility moratoriums, use moratoriums, improvement moratoriums,
administrative or other proceedings or governmental investigations or requirements,
formal or informal, existing or pending or threatened which affects the Property or
which adversely affects Seller's ability to perform hereunder; nor is there any other
charge or expense upon or related to the Property which has not been disclosed to
Purchaser in writing prior to the Effective Date of this Agreement.
L. Seller acknowledges and agrees that Purchaser is entering into this Agreement
based upon Seller's representations stated herein and on the understanding that
Seller will not cause the zoning or physical condition of the Property to change from
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its existing state on the effective date of this Agreement up to and including the date
of Closing. Therefore, Seller agrees not to enter into any contracts or agreements
pertaining to or affecting the Property and not to do any act or omit to perform any
act which would change the zoning or physical condition of the Property or the
governmental ordinances or laws governing same. Seller also agrees to notify
Purchaser promptly of any change in the facts contained in the foregoing
representations and of any notice or proposed change in the zoning, or any other
action or notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
M. Seller represents, warrants and agrees to indemnify, reimburse, defend and
hold Purchaser harmless from all costs (including attorney's fees) asserted against,
imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in
connection with the application of any federal, state, local or common law relating to
pollution or protection of the environment which shall be in accordance with, but not
limited to, the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"),
which was amended and upgraded by the Superfund Amendment and
Reauthorization Act of 1986 ("SARA"), including any amendments or successor in
function to these acts. This provision and the rights of Purchaser, hereunder, shall
survive Closing and are not deemed satisfied by conveyance of title.
9. NOTICES
Any notice, request, demand, instruction or other communication to be given to either
party hereunder shall be in writing sent by facsimile with automated confirmation of
receipt, or registered or certified mail, return receipt requested, postage prepaid or
personal delivery addressed as follows:
If to Purchaser: Transportation Engineering & Construction Management
Attn: Robert Bosch
Right-of-Way Acquisition Manager
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone 239-252-5843
Fax 239-252-5885
With a copy to: Office of the County Attorney
Attn: Jeff Klatzkow
County Attorney
3299 Tamiami Trail East
Suite 800
Naples, Florida 34112
Telephone 239-252-8400
Fax 239-252-0225
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If to Seller: Kay Gerken
Wi►helmstr. 42
10963 Berlin
Germany
The addressees, addresses and numbers for the purpose of this Section may be changed
by either party by giving written notice of such change to the other party in the manner
provided herein. For the purpose of changing such addressees, addresses and numbers
only, unless and until such written notice is received, the last addressee and respective
address stated herein shall be deemed to continue in effect for all purposes. Notice shall
be deemed given in compliance with this Section upon receipt of automated fax
confirmation or upon on the fifth day after the certified or registered mail has been
postmarked, or physical receipt by hand delivery.
10. REAL ESTATE BROKERS
All brokerage commissions or fees shall be the sole responsibility of the Seller and shall
be paid at Closing. Seller shall indemnify County from and against any claim or liability
for commission or fees to any broker or any other person or party claiming to have been
a procuring clause or engaged by Seller as a real estate broker, salesman or
representative, in connection with this Agreement.
11. MISCELLANEOUS
A. This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
B. This Agreement and the terms and provisions hereof shall be effective as of
the Effective Date and shall inure to the benefit of and be binding upon the parties
hereto and their respective heirs, executors, personal representatives, successors,
successor trustee, and assignees whenever the context so requires or admits.
C. Any amendment to this Agreement shall not bind any of the parties hereof
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.
D. Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or limit
the scope or intent of this Agreement or any provisions hereof.
E. All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
F. 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
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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.
G. If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
H. If the Seller holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Seller shall make a written public disclosure, according to s. 286.23, Fla. Stat., under
oath, subject to the penalties prescribed for perjury, of the name and address of
every person having a beneficial interest in the Property before Property held in such
capacity is conveyed to Collier County. (If the corporation is registered with the
Federal Securities Exchange Commission or registered pursuant to Chapter 517,
Florida Statutes, whose stock is for sale to the general public, it is hereby exempt
from the provisions of Chapter 286, Florida Statutes.)
I. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
J. The Effective Date of this Agreement will be the date of execution of this
Agreement by the last signing party.
K. This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and there are no promises, representations, warranties or
covenants by or between the parties not included in this Agreement. No modification
or amendment of this Agreement shall be of any force or effect unless made in
writing and executed and dated by both Purchaser and Seller.
L. TIME IS OF THE ESSENCE to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO PURCHASER:
DATED: 311 a\ q
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk of the COLLIER C• • . FLORIDA
Circuit Court & Comptroller r
BY: CAr-
D putt' Clerk
'
� �az Citairman, G� Diem L. McDaniel,Jr p�
Chairman
signature only. 3\.
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AS TO SELLER:
DATED: '.'e .47
,1l,
(:"
WITNESSES:
j
BY: 4
(Signature) KAY GERK' "a/k/a
KAY GER ' N-KREHER
(Printed Na
(Signature)
� ,
(Printed Name)
Approved as to form and legality:
tit"Fi__rz __‘-)mID
4
5.)D
Assistant County Attorney
Last Revised 8/1/2018