Loading...
Agenda 05/26/2009 Item #16B 3 Agenda Item No. 16B3 May 26, 2009 Page 1 of 22 EXECUTIVE SUMMARY Recommendation to approve an Amendment to Agreement allowing the former owners of a now County owned property located within the Vanderbilt Beach Road Extension Project the option to extend their occupancy for an additional period not to exceed two months. Project No. 60168 (Fiscal Impact: May have a positive fiscal impact in the amount of $2,000 which would be credited to the gas tax and impact fee account). OBJECTIVE: To obtain the Board of County Commissioners' approval of an Amendment to Agreement that allows the former owners of a property now owned by the County within the Vanderbilt Beach Road Extension Project the option to extend their occupancy of the property for an additional period not to exceed two months (Project No. 60168). CONSIDERATIONS: Mr. and Mrs. Breehne owned real property located at 790 21st Street NW in Golden Gate Estates. Collier County purchased the entire property in fee simple as part of the Vanderbilt Beach Road Extension Project. At the time of the closing of title, and as part of the Purchase Agreement, Mr. and Mrs. Breehne were granted extended occupancy of the property until April 30, 2009 to allow time sufficient for the Breehnes to relocate. The Agreement also allowed the Breehnes the option to extend their occupancy for a period not to exceed six months provided notice was given in accordance with the Purchase Agreement and payment of $1,000 per month was .- paid in a lump sum in advance. Although Mr. and Mrs. Breehne have purchased a replacement home, considerable renovations are required prior to them being able to take up residence. Accordingly, pursuant to paragraph 4 of the Purchase Agreement, Mr. and Mrs. Breehne exercised their option to extend their possession of the 21 st Street property. As they were unsure how much longer the renovations would take, Mr. and Mrs. Breehne, in accordance with the terms of the Purchase Agreement, executed an Addendum to Agreement extending their occupancy for a period of four months and paid the required $1,000 per month fee in a lump sum in advance. Because Mr. and Mrs. Breehne are having considerable difficulties with the renovations of their new home, they would like the option to extend their occupancy for an additional two month period, if necessary, under the same terms and conditions, including the prepayment of $1 ,000 per month. The Purchase Agreement allows for an extension not to exceed six months. Mr. and Mrs. Breehne have extended their occupancy for a period of four months. An option to extend for an additional two months would still comply with the provisions of the Purchase Agreement. FISCAL IMPACT: This item may have a positive fiscal impact in the amount of $2,000 which would be credited to the gas tax and impact fee account. GROWTH MANAGEMENT IMPACT: This project is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan. -, Agenda Item No. 16B3 May 26, 2009 Page 2 of 22 LEGAL CONSIDERATION: This item is legally sufficient for Board action, is not quasi-judicial and as such, ex-parte disclosure is not required. This item requires only a majority vote. RNZ RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Amendment to Agreement and authorize the Chairman to execute same on behalf of the Board; 2. Authorize the County Manager or his designee to take the necessary measures to ensure the County's performance in accordance with the terms and conditions of the Amendment to Agreement; and 3. Approve any and all budget amendments, which may be required to carry out the collective will of the Board. Prepared by: Michelle L. Sweet, Property Acquisition Specialist, TECM Attachments: (1) Amendment to Agreement; (2) Fully Executed Purchase Agreement /- Item Number: Item Summary: Meeting Date: Page 1 of2 Agenda Item No. 16B3 May 26, 2009 Page 3 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B3 Recommendation to approve an Amendment to Agreement allowing the former owners of a now County owned property located within the Vanderbilt Beach Road Extension Project the option to extend their occupancy for an additional period not to exceed two months. Project No. 60168 (Fiscal Impact May have a positive fiscal impact in the amount of $2,000 which would be credited to the gas tax and impact fee account). 5/26/2009 90000 AM Michelle Sweet Prepared By Transportation Division Property Acquisition Specialist Transportation Engineering & Construction Manageme Date 4/28/200910:03:17 AM Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 4/28/2009 10:48 AM Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Transportation Services Admin. Date 4/28/2009 1 :25 PM Approved By Najeh Ahmad Transportation Services Director Date Transportation Engineering & Construction Management 4/28/2009 3:03 PM Approved By Lisa Taylor Transportation Services Management/Budget Analyst Date Transportation Administration 5/1f2009 1 :27 PM Approved By Therese Stanley Transportation Grants Coordinator Date Transportation Administration 5/8/2009 1 :31 PM Approved By Debbie Armstrong Transportation Services Property Acquisition Specialist Date TECM-ROW 5/8/20092:01 PM Approved By Robert N. Zachary County Attorney Assistant County Attorney County Attorney Office Date 5/8/20093:38 PM Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin Date 5/11/2009 9:25 AM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Office of Management & Budget Date 5/15/20099:11 AM file://C:\AgendaTest\Export\130-May%2026, %202009\16.%20CONSENT%20AGENDA \1... 5/20/2009 Page 2 of 2 Agenda Item No. 1663 May 26,2009 Page 4 of 22 Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/15/2009 6: 56 PM file://C:\AgendaTest\Export\ 130-May%2026, %202009\ 16. %20CONSENT%20AGENDA \ 1... 5/20/2009 ADDENDUM TO AGREEMENT Agenda Item No. 16B3 May 26, 2009 Page 5 of 22 THIS ADDENDUM TO AGREEMENT entered into this ~ day of ~ ,2009, by and between PAUL M. BREEHNE, JR. a/kJa PAUL B EEHNE. JR., and DAWN M. BREEHNE a/kla DAWN BREEHNE, husband and wife, hereinafter referred to as "Breehne ", and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as the "County." WITNESSETH WI-IEREAS, the County and Breehne have previously entered into an Agreement dated March 26, 2008 (the "Agreement"); and WHEREAS, pursuant to the terms of Paragraph 4A of the Agreement, Breehne opted to extend their possession for a period offour (4) months; and WHEREAS, pursuant to the terms of paragraph 4A of the Agreement, Breehne has paid, in advance, a lump sum payment of $4,000 for said extension; and NOW THEREFORE, in consideration of the covenants and agreements provided within the said Agreement dated March 26, 2008 and Ten Dollars ($10.00) and other good and valuable consideration, the said Agreement is hereby revised as follows: 1. Paragraph 4A of the Agreement is revised to reflect that Breehne may occupy the Property until August 31, 2009 (the "Term"). 2. All other terms and conditions of said Agreement between the County and Breehne 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. IN WITNESS WHEREOF, Breehne and County have hereto executed this Amendment to Agreement the day and year first above written. AS TO BREEHNE: DATED: (}ru..-( (l,JM;I7 WlINESSES: ,L~bf~ ,/;rmQ-;t:(J,~ (Signature) (}qj)A, e rll<JI{ l77CV,(,/6 (Printed Name) -~~ .~ (Signature) r:.c ?,::.:;- /"{,:? 0)( M (Printed Name) Amendment To Agreement tOtS'/; U /2'-7X-Ot..-;;;c, ~ ~ ~ I (Signature) ~--r;/~ 'E 4rf 14 \Tf?O~{, (Pri nted1'J~-D1e) __r __' .~::.-..,.. "-;'::~~1-:-----'-- - (Signature) k ()8,Ee~ M - botcH (Printed Name) AS TO THE COUNTY: DATED: tt~ 1l,J-v.Ji ATTEST: DWIGHT E:,BRd.9.~'Clerk ~W.. "0,(, _ tleClerk .t-...- 01. ,~o ,: : --JI' '" <, . , oj .- ~ / Amendment To Agreement Agenda Item No.1 B3 May 26, 2 09 Page 6 0 22 ~ /VI'''' I \ ")1\ I' \, /..:fL..1:2A'l---e DA N M. BREEHNE COUNTY: BOARD OF C UNTY COMMISSIONERS COLLIER C TY, FLORID? _ BY: ~ ~~ DONNA FIALA, CHAIRMAN Ag~nda Item No. 11 B3 May 26, 2t09 Page 7 of 22 I ! PROJECT: Vanderbilt Beach Road Extn. #60168 PARCEL No(s): 146 and 147 FOLIO No(s): 36913040008 and 36913120009 PURCHASE AGREEMENT (Extended Possession of Improved Property) THIS PURCHASE AGREEMENT is made and entered into on this ;;. G:, day of J..{ Ate. ~ .,2008, by and between PAUL M. BREEHNE, JR., AND DAWN M. BREEHNE, husband and wife, whose mailing address is 790 21 5t Street NW. Naples, FL 34120, hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Seller owns certain improved property located at 790 21st Street NW. Naples, FL 34120, and more particularly described as: All of Tract 49, less the South 200 feet thereof, Golden Gate Estates, Unit No.7, according to the plat thereof, as recorded in Plat Book 4, Pages 95 and 96, Public Records of Collier County, Florida. together with all buildings, structures and improvements, fixtures, built-in appliances, refrigerators, stove, dishwasher, washer, dryer, ceiling fans, floor coverings and window treatments, and Seller owns certain vacant property located at 791 21st Street NW, Naples, FL 34120 and more particularly described as: Tract 48, less the South 210 feet thereof, Golden Gate Estates Unit No.7, according to the plat thereof, as recorded in Plat Book 4, pages 95 and 96, Public Records of Collier County, Florida, and as more specifically described as Lot B in the Lot Line adjustment document recorded in Official Recorc:ls Book 1786, page 2051, of the Public Records of Collier County, Florida. (hereinafter collectively referred to as "Property"); and Whereas, Purchaser requires the Property for right-of-way purposes as part of the Vanderbilt Beach Road Extension Project; and WHEREAS, Seller' desires to remain in possession of the residence, and has requested the right to occupy the premises until April 3D, 2009, to which request Purchaser has agreed; 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 $1,950,000.00 (U.S. Currency) payable at time of closing. Said payment to Owner shall be full compensation for the Property conveyed, including all structural and site improvements and fixtures, and all landscaping, trees and shrubs located thereon, and shall be in full ( f~~ ~I'\'-Y Agenda Item No. 1683 May 26, 2009 Page 8 of 22 and final settlement of all other costs and expenses incurred by Seller, including but not limited to moving expenses. Said Purchase Price was agreed upon by the parties hereto with full consideration having been given to the value of the extended possession. Attomey's fees, including any expert fees and costs, in the amount of $20,000.00 will be paid to Richard Yovanovich, Esq., c/o Goodlette Coleman & Johnson, P.A., 4001 Tamiami Trail North, Suite 300, Naples, FL 34103 and shall be full and final settlement of all fees and costs. None of this Purchase Price is attributable to any personal property. 3. CLOSING A. 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 unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. Purchaser shall be entitled to possession as of Closing, unless otherwise provided herein. Seller shall deliver the Property in broom-clean and working condrtion, and free of all debris upon vacating the premises. 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. At or before the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 1. 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 Intemal Revenue Code and as required by the trtIe 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" as required by the Intemal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. 6. Certificate of insurance pursuant to Section 4L (below). C. At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: I'~ CJ~"'-V 1. A negotiable instrument in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in "Requirements and Conditions" below, and the Page No.2 Se4Ier's Inittals Agenda Item No. 16B3 May 26, 2009 Page 9 of 22 Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 2. Funds payable to the Seller representing the Purchase Price shall be subject to adjustments and pro-rations as hereinafter set forth. D. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination 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 for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Section 2. E. Seller. at its sole cost and expense, shall pay at Closing all documentary stamp taxes due upon the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, unless the Property is acquired under threat of condemnation. The cost of a Title Commitment shall be paid by Purchaser along with the cost of an Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 8, "RequIrements and Conditions. (below). F. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. G. A Security Deposit in the amount of Five Thousand and NO/100 Dollars ($5,000.00) will be paid out of the Seller's closing proceeds into an interest- bearing account under Purchaser's control to be held during the Seller's occupancy in accordance with the provisions of Section 4B (below). 4. OCCUPANCY BY SELLER AFTER CLOSING A. Seller may occupy the Property after Closing until April 30, 2009 (the "Tenn"). In the event Seller and Purchaser agree to extend the Tenn, an additional sum will be required from Seller and shall be calculated by multiplying the number of months of this Extended Tenn by a monthly amount of $1,000.00. This Fee must be paid to the Purchaser in a lump sum, no later than thirty (30) days before expiration of the initial Tenn, whereupon Purchaser and Seller shall execute an addendum to this Agreement memorializing this Extended Tenn of possession. Purchaser's approval of such extension shall not be unreasonably withheld, provided however, that said extended occupancy shall not exceed a period of 6 months. B. At Closing, the sum of Five Thousand and NO/100 Dollars ($5,000.00) will be deposited into an interest-bearing account as security for any damages suffered by the Property during the Seller's occupancy ("Security Deposir). The Security Deposit plus accrued interest will be paid to Seller at the end of its Tenn of occupancy, provided there has been no damage to the Property caused by the negligence or intentional acts of Seller or anyone acting with Seller's knowledge and consent. Upon the vacating of the Property, the Purchaser will have twenty (20) days to return the Security Deposit or give Seller written notice of Purchaser's intention to impose a claim upon the Security Deposit. In the event Purchaser intends to impose a claim upon a part of all of the Security Deposit, it will provide Seller with an explanation of the damage, an estimate of repair and an accounting of the deposit balance. I.~.~ :") .~~ Page No.3 Selle(s Initials Agenda Item No. 16B3 May 26, 2009 Page 10of22 C. When the Property is partly damaged or destroyed by fire or other casualty not due to Seller's willful or negligent act or that of anyone on the Property with the knowledge or consent (actual or implied), of SeUer, Purchaser will make repair as soon as reasonably possible. Purchaser shall also be responsible for the repair to fixtures or appliances in excess of the limit set forth in Section 4F (below), provided such repair is not necessitated by Seller's misuse, waste or neglect of the Property, or that of anyone on the Property with Seller's knowledge and consent (actual or implied). If the Property is rendered un-inhabitable due to fire, storm or other casualty, then this Agreement shall automatically terminate, with the sole duty of Purchaser then being to refund to Seller the security deposit, plus accrued interest. Purchaser shall not be liable for any damage or injury to Seller and his or her property by reason of any water damage sustained by Seller and his or her property, or by reason of the breakage, leakage, or obstruction of water and sewer lines or other breakage in or about the Property. D. Seller agrees to pay all utility services as they come due, including electricity, telephone, gas, cable television, water, sewer, and solid waste collection, and shall arrange for a final billing and payment of same at the time Seller vacates the Property, and acknowledges that Purchaser will deduct all such unpaid bills from the Security Deposit. Seller shall keep the property free from pests and insure that the air conditioning system is in operation to maintain a reasonable room temperature until the Seller vacates the property. E. Seller will use the Property only as its primary residence. Seller is prohibited from allowing persons, other than its immediate family members, to reside on the Property. F. Seller shall maintain the Property, including all Systems and Equipment, in clean and working condition at all times. Seller shall use all Systems and Equipment in a reasonable manner. Seller shall immediately make and pay for all required repairs to the plumbing, range, heating apparatus, washer-dryer, air conditioning, refrigerator, dishwasher and electric and gas fixtures, provided the cost of said repairs does not exceed Ten Thousand Dollars ($10,000.00). Purchaser reserves the right to enter upon the Property and repair, at the Seller's expense, all damage or injury to the fixtures and appliances in the event Seller fails to effect repairs after 10 days' notice. Purchaser's election not to effect repairs shall not relieve Seller of its obligation to repair or subject Purchaser to liability for its election. G. Seller shall comply with all governmental regulations concerning the use of the Property and not permit or suffer any illegal activity or use, or permit to be made any disturbance, noise or nuisance whatsoever, which would be detrimental to the peace, quiet and comfort of other persons in the vicinity of the Property, or affect the insurance risk factor to the Property. H. Seller shall permit Purchaser's agent or employee to enter the Property at any reasonable time, upon 24 hours notice, during the term of this Agreement to inspect the Property or make any needed repairs. I. Seller will surrender possession of the Property at the expiration of the Term in as good a condition as of the Effective Date, reasonable wear and tear and acts of God excepted. Seller shall not be responsible to repair or replace the items or deficiencies, if any, which existed prior to the Closing, not addressed under the Inspection, Section 6 of this Agreement and agreed to by Purchaser. If there are items or deficiencies prior to closing, they shall be set forth in a list, attached to this agreement and marked Exhibit "A", J. Seller shall not alter or make additions to the Property without the Purchaser's consent. Seller shall not deface, damage or remove any part of the Property or permit any person to do so, nor shall any of the appliances, including 4~the refrigerator, range, microwave oven, dishwasher, washer and dryer be /' replaced without the Purchaser's consent. 5i'~__ ""lIeTs Ino'ols Page NO.4 Agenda Item No. 16B3 May 26, 2009 Page 11 of 22 K. DEFAULT. Seller will be deemed in default of this Agreement if Seller fails to perform any of the covenants, promises or obligations contained in this Section for a period of ten (10) days after notice of such default. Upon Seller's default, County may terminate this Agreement upon twenty (20) days written notice to Seller, re-enter and take possession of the Property, whereupon the term thereby granted and all rights of Seller to occupy the Property shall terminate. The Seller shall remain liable for any damage suffered by the Property because of Seller's breach of any of the covenants of this Agreement, and such termination shall be without prejudice to the Purchaser's right to collect said damages. Purchaser and Seller shall have the right to pursue any and all remedies available under this Agreement or applicable law. L. Seller shall be required to maintain insurance on the Property during the entire Term, and any Extended Term, which policy shall include contents coverage of $100,000, premises liability with limits of $300,000, and loss of use coverage. Purchaser will be named as an additional insured and the policy premium for the Term of occupancy will be paid in advance at Closing. Seller will be required to provide a certificate of insurance prior to Closing. M. The terms and conditions contained in this Section shall survive Closing and are not deemed satisfied by conveyance of title. 5. PROPERTY CONDITION DISCLOSURES A. General. Seller represents that Seller knows of no facts or conditions materially affecting the value of the Property, except those which are readily observable by Purchaser, or which have been disclosed to Purchaser by Seller in writing and furnished to Purchaser prior to the Effective Date of this Agreement. B. Radon Gas. Florida law requires the following disclosure: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. Seller has no knowledge of the existence of radon on the Property or any radon mitigation having been performed on the Property. C. Lead Based PainVPaint Hazards. If construction of the residence on the Property was commenced prior to 1978. Seller is required to complete, and Seller and Purchaser are required to sign and attach to this Agreement, the addendum entitled "Lead-Based Paint and/or Lead-Based Paint Hazards Attachment to Sales Contract: Disclosure of Information and Acknowledgement." D. Mold. Molds are commonly found both indoors and outdoors. Interior infestation by certain molds may cause property damage and health problems for some persons. Seller has no knowledge of any mold remediation having been performed on the Property. E. Warranty. Except as to any facts or conditions disclosed to Purchaser as required under Section 5A above, Seifer warrants that all major appliances and eqUipment; sprinkler, well, septic, heating, cooling, electrical and plumbing and security systems; major mechanical components; roof (including fascia and soffits); ceiling; structural walls; foundation; swimming pool, spa and pool/spa deck; seawalls: docks; boat lifts/davits and related electrical and mechanical components, if any (collectively "Systems and Equipment") are in Working Condition. "Working Condition" shall mean operating in a manner in which the Systems and Equipment were designed to operate. The roof, ceiling, interior and exterior walls, foundation, swimming pool, spa and pool/spa deck, if any, shall be considered in Working Condition if structurally sound and watertight. Seawalls and docks, if any, shall be considered in Working Condition If structurally sound. A::JJ Seller shall not be required to repair or replace any Cosmetic Condition. /" "Cosmetic Condition" shall mean an aesthetic imperfection which does not affect ~.... ':~ / Page No.5 Sel'ers In,bats f~ ~-t:) Agenda Item No. 1683 May 26,2009 Page 12 of 22 the Working Condition of the item, including corrosion; tears; wom spots; discoloration of floor covering or wallpaper or window treatments; missing or tom screens; nail holes; scratches; dents; chips; caulking; pitted pool surfaces; minor cracks in windows, driveways, sidewalks, spa/pool decks and garage, tile, lanai and patio floors: and cracked roof tiles, curling or worn shingles and limited roof life, so long as there is no evidence of structural damage or leakage. 6. INSPECTIONS A. Insoection Period. Purchaser shall have 60 days from the Effective Date (Inspection Period) to have the Property and improvements thereon inspected at Purchaser's expense as follows: (a) Systems and Equipment, by an appropriately Florida licensed inspection company or licensed contractor, and/or (b) radon gas, by a Florida certified radon measurement technician or specialist, and/or (c) lead- based paint and hazards, by an EPA-certified lead exposure risk assessor, and/or (d) termites or other wood-destroying organisms, by a certified pest control operator (collectively the "Inspection Items"). Upon reasonable notice, Seller shall proVide access and utilities service to the Property to facilitate inspections. B. Election and Response. If any inspection conducted during the Inspection Period reveals: (1) that any Systems and Equipment are not in Working Condition, and/or (2) the presence of radon gas at a level in excess of EPA action levels, and/or (3) the presence of lead-based paint or paint hazards required abatement under HUD/EPA protocols, and/or (4) the existence of active infestation by termites or other wood-destroying organisms and/or visible damage caused by active or past infestation (collectively the "Defective Inspection Items"), Purchaser shall, within 15 days after expiration of the Inspection Period: (a) notify Seller of any Defective Inspection Items, and (b) furnish to Seller a copy of the inspection report(s) documenting the Defective Inspection Items, and (c) notify Seller of Purchaser's election either to: (i) receive a credit from Seller at closing in lieu of any repairs, replacements, treatment, mitigation or other remedial action necessary to bring the Defective Inspection Items into compliance with the relevant standards set forth above (the "Remedial Action"), or (ii) have Seller take Remedial Action at Seller's expense prior to closing. If Purchaser elects to receive a credit, the amount of the credit shall be equivalent to the estimated costs of any Remedial Action and shall be determined not later than the earlier of Seller's Response Deadline, or 10 days prior to the Closing. If Purchaser elects (i), Seller shall not be required to take any Remedial Action. If Purchaser makes no election, Purchaser shall be deemed to have elected to receive a credit at Closing. C. Not later than 15 days from receipt of the written notice and inspection report(s) from Purchaser ("Seller's Response Deadline"), Seller shall notify Purchaser whether Seller will give Purchaser credit equal to the cost of repairs or take remedial action, whichever is requested by Purchaser. If Seller refuses Purchaser's election by the Seller's Response Deadline, then Purchaser may terminate this Agreement within 10 days of Seller's Response Deadline. If Purchaser does not elect to so terminate this Agreement, Purchaser is deemed to have accepted the Property in the condition it existed on the Effective Date, except that Purchaser retains the rights set forth in Section 6.G. (Walk Through Inspection) below. If Seller fails to respond by the Seller's Response deadline, Seller shall be deemed to have accepted Purchaser's election and Purchaser may receive credit at Closing as set forth above. D. If Purchaser does not have the Inspection Items inspected, or fails to do so within the Inspection Period, or fails to timely report any Defective Inspection Items to Seller, Purchaser shall be deemed to have accepted the Property in the condition it existed on the Effective Date, except that Purchaser retains the rights set forth in Section 6.G. (Walk Through Inspection) below. E. Remedial Action shall be deemed to have been properly performed if (1) the Systems and Equipment are placed in Working condition (as defined above), (2) radon gas within the residence on the Property is reduced to below EPA action levels, (3) lead-based paint and paint hazards on the Property are removed or Page No.6 Sellars Inilial!; Agenda Item No. 1683 May 26, 2009 Page 13 of 22 contained in accordance with HUD/EPA guidelines, and (4) any active infestation of termites or other wood-destroying organisms is exterminated or treated, and all visible damage caused by active or past infestation is repaired or replaced. Seller shall make a diligent effort to perform and complete all Remedial Action prior to the Closing Date, falling which a sum equivalent to 150% of the estimated costs of completing the Remedial Action shall be paid by Seller into escrow at Closing pending completion. F. No cost to repair or replace any Systems and Equipment shall exceed the fair market value of that item If it were in Working Condition. If the costs do exceed fair market value, than either Seller or Purchaser may elect to pay such excess, failing which, either party may terminate this Agreement upon written notice. G. Walk-Throuah Insoection. Purchaser (or a designated representative) may conduct a walk-through inspection of the Property prior to Closing and prior to possession, to confirm: (1) completion of any Remedial Action agreed to by Seller in Section 6.8 "Election and Response" above, (2) that the personal property items which are being conveyed as part of this Agreement remain on the Property, (3) that the personal property items which are not being conveyed as part of this Agreement have been removed from the Property, and (4) that Seifer has maintained the Property as required in Sections 3 and 7. Upon reasonable notice, Seifer shall provide access and utilities service to the Property to facilitate the walk-through inspection. H. Insoections durina Occupancy. Purchaser may enter upon the Property with at least 24-hour notice to Seller for purposes of inspecting the Property for compliance with the terms of Section 4 of this Agreement or effecting repairs. 7. RISK OF LOSS Seller shall maintain the Property (including without limitation the lawn, shrubbery, and landscaping) in the condition existing on the Effective Date until Closing or the termination/expiration date of Purchaser's possession, whichever is later, except for ordinary wear and tear and any Remedial Action agreed to by Seller under Section 68 above. Any future loss and/or damage to the Property between the Effective Date and the Closing or end of Purchaser's term of possession, whichever is earlier, shall be at Seller's sole risk and expense, except as provided in Section 4. 8. 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 fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA Commitment for an Owner's Title Insurance Policy (AL TA Form 8-1970) 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. If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. 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 f /" ~ said time period. Purchaser, by providing written notice to Seller within seven (7) ~ ~ Page No.7 Seller's Inllials Agenda Item No. 16B3 May 26, 2009 Page 14 of 22 days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection, or may terminate the Agreement. C. Seller agrees to fumish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) 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. No adjustments to the Purchase Price shall be made based upon any change to the total acreage of the Property unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered 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 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. Purchaser shall have sixty (60) days from the Effective Date of this Agreement to notify Seller in writing of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection. or provide legal access to the property within sixty (60) days from the date of receipt of said notification. Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, 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. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. 9. 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, except for those provisions in Section 4, 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, except for the terms and conditions in Section 4, 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 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 12, Real Estate Brokers, hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated 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. D. This Section does not apply to any defaults by Seller of the obligations ! ",contained in Section 4 of this Agreement. 7",M1."" \, ,--...-.:-.................J .. ....)' Sellers Initials Page NO.8 Agenda Item No. 16B3 May 26, 2009 Page 15 of 22 10. 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. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. c. The warranties set forth in this Section are true on the Effective Date of this Agreement and as of the date of Closing. Other than those obligations that specifically survive closing, Purchaser's acceptance of a deed to the said Property shall 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 govemmental 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. 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 they have (it has) no actual knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents that during their time of possession the Property has not been used for the production, handling, storage, transportation. manufacture or disposal of hazardous or toxic substances or wastes. as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances 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 they have (it has) no actual knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents that during their time of possession no storage tanks for gasoline or any other hazardous substances are or were located on the Property. Seller represents that during their time of possession none of the Property has been 1tv"..:J used as a sanitary landfill. ,,~ ~" Page No.9 Sellelslnitlals Agenda Item No. 1683 May 26, 2009 Page 16 of 22 I. Seller has no actual 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 actual 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 above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from 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 adversely affect the zoning or physical condition of the Property or its intended use by Purchaser. 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 any and 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 Amend ment and Reauthorization Act of 1 986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing for a period of 12 months after the extended possession is terminated and the Sellers vacate the Property, and are not deemed satisfied by conveyance of title. 11. 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: /~) '< i:.::y Transportation Engineering & Construction Management AUn: Kevin Hendricks, Right-of-Way Acquisition Manager 2885 South Horseshoe Drive Page No. 10 SeRer's lnitia~ With a copy to: If to Seller: With a copy to: Agenda Item No. 16B3 May 26, 2009 Page 17 of 22 Naples, Florida 34104 Telephone 239-252-8192; Fax 239-530-6643 Ellen T. Chadwell, Assistant County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples. Florida 34112 Telephone 239-252-8400 Fax 239-252-6300 Paul and Dawn Breehne 79021"1 St. NW Naples. FL 34120-1814 Telephone 239-304-1889 Richard Yovanovich, Esq., clo Goodlette Coleman, Johnson, Yovanovich & Koester 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Telephone (239) 435-3535 Fax (239) 435-1218 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 receipt of personal delivery. 12. REAL ESTATE BROKERS Any and all brokerage commissions or fees shall be the sole responsibility of the Seller and shall be paid at Closing. Seller shall indemnify Purchaser 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. 13. 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. !/ M-) E. All terms and words used in this Agreement. regardless of the number and V ....... gender in which used, shall be deemed to include any other gender or number as ~~' Selle~slnlllals Page No. 11 Agenda Item No. 16B3 May 26, 2009 Page 18 of 22 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 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 elCtended to the nelCt 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, 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. M. Seller may not assign, sublease. or license any rights arising under this Agreement without the written consent of the Purchaser. N. The parties hereto agree and acknowledge that this Agreement is not a lease but rather a contract for occupancy (extended possession) of the Property as a condition of sale which is not subject to Chapter 83, Florida Statutes. The parties do not intend to invoke any of the obligations or remedies contained in Chapter 83, and the terms and conditions contained herein shall be construed in accordance with the parties intent and shall be given their plain meaning without reference or application of s. 83.43, Fla. Stat., or any other portion of Chapter 83. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO P1RCHASER: DATED: -~to- O~ ,/ : ~-.: :.:.,}.., ."" ATTE:.$'f:' ':. .\,';':., DWIGHT 1;. BROCK. qerk 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA -<\ -~ ~~~~C. BY stJl_'''' .1~ Sellers initials Page No. 12 c7 '~~ Witness Signature) Approved as to form and legal sufficiency: -' I ;;{<-- Q) (t ./~ Assistant County Attorney f~) c-,I~';) --L-.___. Sellefs InillalS ! )' ....' .,....-...- / ~ PAUL M(BREEHNE, JR. l Agenda Item No. 16B3 May 26, 2009 Page 19 of 22 ~, \ ~L _ " )(11 .~'"' ,',\ 1"^-9 DAWN M. REEHNE Page No, 13 Agenda Item No. 1683 May 26, 2009 Page 20 of 22 EXHIBIT "A" - LIST OF ACCEPTED DEFICIENCIES fJ Ptlrci'.asers InitalS ~ ') ( . /IIIv I! , ~r,) ,-';.'1 S;;iOr'S InlMls Page No~ 14 Agenda Item No. 16B3 May 26, 2009 Page 21 of 22 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT entered into this _ day of ,2009, by and between PAUL M. BREEHNE, JR. a/k/a PAUL BREEHNE, JR., and DAWN M. BREEHNE a/k/a DAWN BREEHNE, husband and wife, hereinafter referred to as "Breehne ", and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as the "County." WITNESSETH WHEREAS, the County and Breehne have previously entered into an Agreement dated March 26,2008 (the "Agreement"); and WHEREAS, pursuant to the terms of Paragraph 4A of the Agreement, Breehne opted to extend their possession for a period of four (4) months; and WHEREAS, pursuant to the terms of paragraph 4A of the Agreement, Breehne has paid, in advance, a lump sum payment of $4,000 for said extension; and WHEREAS, Breehne is desirous of having the option to extend for an additional two (2) month period; and WHEREAS, the County and Breehne are desirous of amending said Agreement to reflect said option. NOW THEREFORE, in consideration of the covenants and agreements provided within the said Agreement dated March 26, 2008 and Ten Dollars ($10.00) and other good and valuable consideration, the said Agreement is hereby amended as follows: 1. Breehne may occupy the Property until August 31, 2009 (the "Term"). Breehne may extend the Term for an additional period not to exceed two (2) months. In the event Breehne opts to extend the Term, an additional sum will be required from Breehne and shall be calculated by multiplying the number of months of the extension by a monthly amount of $1,000.00. This Fee must be paid to the County in a lump sum, no later than thirty (30) days before expiration of the Term (Le. July 31, 2009), whereupon County and Breehne shall execute a Second Addendum to the Agreement memorializing the Extended Term of possession. 2. All other terms and conditions of said Agreement between the County and Breehne 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. Amendment To Agreement IN WITNESS WHEREOF, Breehne and County have hereto executed this Amen~ Item No. 16B3 to Agreement the day and year first above written. pMay 26, 2009 age 22 of 22 AS TO BREEHNE: DATED: /JflI...i O.L./7 WITNESSES: (Printed Name) ~---- PAUL~NE. JR. / I, /J;, >: / /'M'U'7, (,0 fl."':" (Signature) ').=r!.'tS),,:~ .~.,C',1.' <\'"";"I;'i~!'(' (Signature) .- l .- ~ :::.'- (Printed Name) . I 'I 1'/" :. / 7" Z:T-;." ,. .. (Signature) \~"~ r- / \ ..JJtU) (\ (\ '\. '~"""..1'--~ DAWN M BREEHNE :.-:--:/;;'/:.,;:- ..L';:'_.,r'tf..'~.-:-,-;:-r',. (Printed N?m~) ..~'.../ (Signature) " ~f (Printed Name) AS TO THE COUNTY: DATED: Ci.n..! l-rt , I COUNTY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIAIJl" CHAIRMAN ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form """""-1 and~iency~ /./" /f ) r"/ /t // -; / I~ / Assistant County Attorney Amendment To Agreemer.t