Agenda 09/23/2008 Item #16B 2Item # 1662
September 23, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to Agreement related to the six - laning
of Davis Boulevard. (Project No. 60073) Fiscal Impact: None.
OBJECTIVE: To secure an Amendment to Agreement that was previously approved by
the Board of County Commissioners of Collier County, Florida
CONSIDERATIONS: On April 8, 2008 the Board of County Commissioners approved a
Purchase Agreement (Agenda Item 16 -B -10) to acquire 0.583 acres of unimproved
property, required for the six - laning of Davis Boulevard, Project No.60073.
The property was deeded to Cedar Hammock Community Development District from
Cedar Hammock Golf and County Club Inc., via Quit Claim Deed (OR Book 4329 Page
1562). Because Cedar Hammock Community Development District received conveyance
of the property by a Quit Claim Deed, the attorney for Cedar Hammock Community
Development District has advised them not to issue a General Warranty Deed to the
County, but to issue a Special Warranty Deed instead.
The Amendment to Agreement is intended to substitute Special Warranty Deed in place of
Warranty Deed in the original Purchase Agreement.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: The Special Warranty Deed has been signed for form
and legal sufficiency. This item is legally sufficient for Board action.
It is important to mention that a general warranty deed (aka "warranty deed" in County
documents) is different than a special warranty deed in that the general warranty deed
contains a guaranty from the grantor (in this case Cedar Hammock Community
Development District) that title to the real property is superior to any person who makes a
claim whether such person claims through the grantor or otherwise. A special warranty
deed provides only that the grantor has not done anything to impair title to the property
during the period of the grantor's ownership and the warranty is limited to those claiming
through the grantor. With that said, there is a very low risk title defect exists in this
instance because the property was platted in 1999 with no encumbrances on the property
being evidenced at that time and a public records search does not reveal any encumbrances
since 1999. However, this does not mean that there is no risk and it is a policy decision as
to whether to proceed without obtaining a Warranty Deed. - JAB
RECOMMENDATION: That the Board of County Commissioners of Collier County,
Florida:
1. Approve the attached Amendment to Agreement; and
Item # 16B2
September 23, 2008
Page 2 of 5
2. Authorize its Chairman to execute same on behalf of the Board.
3. Authorize the County Manager or his designee to finalize the transaction as
Originally directed with the approval of the Purchase Agreement dated April 8,
2008, Agenda Item 16 -B -10.
Prepared By: Joan M. Smith, SR/WA, TECM
Attachments: (1) Amendment to Agreement
Item # 1662
September 23, 2008
Page 3 of 5
Recommendation to approve an Amendment to Agreement related to the six- laning of Davis
Boulevard.(Project No. 60073) Fiscal Impact: None.
Prepared By:
Department Date
Trans. Eng. And Const. Mgmt. 9/3/2008 11:44:35 AM
Approved By:
Department
Approval
Date
County Attorney
Approved
9/16/2008 4:36 PM
Approved By:
Department
Approval
Date
Transportation
Approved
9/17/2008 8:04 AM
Approved By:
Department
Approval
Date
Office of
Management
Approved
9/17/2008 9:36 AM
and Budget
Approved By:
Department
Approval
Date
County
Approved
9/17/2008 9:48 AM
Manager's Office
ATTACHMENTS:
Name: Description: Type:
1 ExsumGedarHammock doc Executive Summary Executive Summary
❑ Amendment to Agreement odf Amendment to Agreement Agreement
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT entered into this day of
20 , by and between CEDAR HAMMOCK COMMUNITY
DEVELOPMENT DISTRICT, an independent special district established pursuant
to Chapter 190, Florida Statutes, whose mailing address is 5726 Corpordi%mmber23,2008
Circle, Ft. Myers, Florida 33905, (hereinafter referred to as the "Owner), e4 of 5
COLLIER COUNTY, a political subdivision of the State of Florida, whose mills
address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to
as "County').
WITNESSETH
WHEREAS, the County and the Owner have previously entered into an
Agreement dated April 8, 2008 wherein Owner would provide an executed
Warranty Deed to Purchaser, and
WHEREAS, the County and the Owner are desirous of amending said Agreement
in order to provide that Owner execute a Special Warranty Deed.
NOW THEREFORE, in consideration of the covenants and agreements provided
within the said Agreement dated April 8, 2008 and Ten Dollars ($10.00) and Other
Valuable Consideration, the said Agreement is hereby amended as follows:
Any and all reference in the April 8, 2008 Agreement to "Warranty Deed" is hereby
changed to read "Special Warranty Deed ".
Except as expressly provided herein, the said Agreement between the County and
the Owner remains in full force and effect according to the terms and conditions
contained therein, and said terms and conditions are applicable hereto except as
expressly provided otherwise herein.
IN WITNESS WHEREOF, the Owner and the County have hereto executed this
Amendment to Agreement the day and year first above written.
AS TO THE COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
TOM HENNING, Chairman
AS TO THE OWNER:
DATED:
WITNESSES: CEDAR HAMMOCK COMMUNITY Item # 16132
DEVELOPMENT DISTRICT, an independefieptember 23, 2008
special district established pursuant to Chap Wge 5 of 5
190, Florida Statutes
(Signature)
Approved as to form and
legal sufficiency:
Assistant C my Attorney
T'E.NNjpt, - A 15E- L-P? -L
FRANK VASELEWSfKI, Chairman of the
Board of Supervisors
(Print Name)