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Backup Documents 01/12/2021 Item #16C5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 C 5 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUrtn 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. 3. County Attorney Office County Attorney Office 1,.(3 Q 31Z)4,1 4. BCC Office Board of County t .v.5) 3�--) Commissioners 5. Minutes and Records Clerk of Court's Office N 5-a-t tc PRIMARY CONTACT INFORMATION tT" L 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 Jay Malamphy Phone Number 8402 Contact/ Department Agenda Date Item was January 12,2021 Agenda Item Number 16C5 Approved by the BCC Type of Document Agreements for Sale and Purchase Number of Original 3 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? �p �` _ N/A 2. Does the document need to be sent to another agency for additional signatures? I yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's 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 N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's 071 signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A 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 September 22,2020 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 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. 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 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, March 5, 2021 12:06 PM To: MalamphyJay Subject: Item #16C5 1-12-21 BCC Meeting (Surplus Properties Real Estate Sales Agreements) Attachments: Item #16C5 (1-12-21 BCC Meeting).pdf Hi Jay, An executed copy of the itewt referenced above, is attached for your records. Thank you! Ann Jennejohn r3MR Senior Deputy Clerk II Ott t,(Cu k, Clerk to the Value Adjustment Board f.�K4 4 rrrlr Office: 23 9-252-8406 Fax: 23,7-252.-8408 (if applicable) Ann.Jennejohn@CollierClerk.cowt `y,,,k E Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tawtiawti Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.cowt i Memorandum 16C 5 TO: Jessica Hayes, County Attorney's Office FROM: Jay Malamphy, Real Property Management DATE: March 2, 2021 RE: Surplus Properties On January 12, 2021, Agenda Item 16C5, the BOCC approved the sale of the following County surplus properties: J 249 Brockington Drive (PID #01134805808) Ji 243 Brockington Drive (PID #01133560005) /,Spruce Street (PID #51693520001) V 15th Street SE (PID #66220840000) Attached, please find the Real Estate Sales Agreements signed by the successful bidders (note that the Brockington Drive properties were acquired by the same bidder and are on the same Agreement) along with the requisite "pink slip" for routing of the document for the Chairman's signatures. Jennifer will have signed the Agreements and initialed item numbers 3 and 9 on the transmittal slip prior to transmitting to you. Please contact me at x8402 with any questions. Thank you Memorandum j dC 5 TO: Minutes & Records Management FROM: Jay Malamphy, Real Property Management DATE: March 2, 2021 RE: Surplus Properties On January 12, 2021, Agenda Item 16C5, the BOCC approved the sale of the following County surplus properties: 249 Brockington Drive (PID #01134805808) ✓ 243 Brockington Drive (PID #01133560005) I Spruce Street (PID #51693520001) 115th Street SE (PID #66220840000) Please attest to Commissioner Taylor's signature as Chairman on the Real Estate Sales Agreements ("Agreement"). Once the attestation is complete, please email me a copy of the fully executed Agreements. Please contact me at x8402 if you have any questions. Thank you I6C5 PROJECT Surplus Properties FOLIO NO 66220840000 REAL ESTATE SALES AGREEMENT not THIS AGREEMENT made and entered into this day of10_4 . 2021. by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter referred to as SELLER and Marcelino Deleon hereinafter referred to as BUYER. WHEREAS. SELLER desires to sell and BUYER desires to purchase. the property hereinafter described at the price and on the terms and conditions hereinafter set forth NOW. THEREFORE. in consideration of the recitals the mutual covenants hereinafter set forth and other good and valuable considerations the receipt and sufficiency of which are hereby mutually acknowledged. it is agreed by and between the parties as follows I PREMISES The real property. which is the subject of this Agreement. (hereinafter referred to as "Premises") is located in Collier County. Florida and described on Exhibit "A" attached hereto and made a part hereof 2 SALE and CONVEYANCE SELLER agrees to sell and convey all of SELLER'S right title and interest in and to the Premises to BUYER and BUYER agrees to purchase the Premises from SELLER at the price and upon the terms and conditions hereinafter set forth. 3 EXECUTION OF AGREEMENT Execution of this Agreement by BUYER must occur on or before March 15. 2021 4 TITLE Title to the PREMISES shall be conveyed to BUYER by Statutory Deed 5. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises is Five Thousand One Hundred and Eighty Five Dollars (S5.185.00) payable by BUYER to SELLER Concurrent. with the execution and delivery to SELLER of this Agreement BUYER shall pay to SELLER as earnest money hereunder ("Earnest Money") the sum of Five Hundred and Eighteen Dollars and 50/100 ($518 50) The balance. after credit of the Earnest Money and any prorations and adjustments shall be paid by BUYER to SELLER at closing of this transaction 6 DISCLAIMER OF WARRANTIES. BUYER understands and acknowledges that BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties. representations or guarantees. either express or implied of any kind. nature. or type whatsoever from or on behalf of the SELLER The BUYER acknowledges and agrees that BUYER in entering into this Agreement and purchasing the Premises. is not relying on any representations made by SELLER regarding the condition future development potential or use of the Premises BUYER further acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal. factual and other inquiries and investigations as BUYER deems necessary. desirable or appropriate with respect to the Premises Without in any way limiting the preceding BUYER acknowledges and agrees that he hereby waives. 6C5 releases and discharges any claim that he has, might have had. or may have against the SELLER with respect to the condition of the Premises. 7. PRORATIONS. ADJUSTMENTS and CLOSING COSTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing 1 All installments or special assessments payable after the closing, whether for work commenced as of the closing or otherwise. shall be paid exclusively by BUYER. 2 All other items required by any other provision of this Agreement to be prorated or adjusted 3 At the closing. the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER All such prorations and adjustment shall be final B BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which. and to the extent that, credit has been given to BUYER at the time of closing C BUYER shall pay for all costs associated with this transaction including. but not limited to transfer. documentary taxes. and recording costs for any curative instruments BUYER agrees to pay the cost of publication of the legal notice soliciting bids on the Premises SELLER shall pay the costs of recording the conveyance instrument. 8. DEFAULTS AND TERMINATION If BUYER defaults hereunder. then provided SELLER is not in default SELLER's sole remedy shall be to terminate this Agreement by giving written notice thereof to BUYER whereupon the Earnest Money shall be retained by 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 The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'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 If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be returned to BUYER within thirty (30) days of receipt of Written Notice of default and neither party shall have any further liability or obligation to the other Notwithstanding anything contained in this Agreement to the contrary. the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy 9 EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions, if any) including. without limitation recording fees. conveyance fees. public notice cost. documentary and intangible taxes of every nature and kind whatsoever. shall be borne and paid by BUYER l6C5 10 INTERMEDIARIES. Any and all brokerage commissions or fees brought about by the action of BUYER shall be the sole responsibility of the BUYER BUYER shall indemnify SELLER and hold SELLER harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by BUYER as a real estate broker. salesman or representative. in connection with this Agreement. including costs and reasonable attorneys' fees incident thereto This provision shall survive closing of this transaction 11. CLOSING Closing shall take place during normal business hours at the County Attorneys Office. Collier County Courthouse. 3329 East Tamiami Trail Naples. Florida. 34112 or such other location as SELLER may select. within 30 days from the date SELLER executed this Agreement. 12 GENERAL PROVISIONS A. This Agreement. including all exhibits attached hereto and documents to be delivered pursuant hereto. shall constitute the entire agreement and understanding of the parties and there are no other prior or contemporaneous written or oral agreements. undertakings. promises. warranties or covenants not contained herein B This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto C No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party No such waiver shall be taken as a waiver of any other or similar provision or of any future event. act or default D. Time is of the essence of this Agreement In the computation of any period of time provided for in this Agreement or by law. any date falling on a Saturday. Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday. Sunday or legal holiday E In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement as circumstances require and this Agreement shall be construed as if said provision had been incorporated herein as so limited. or as if said provision had not been included herein, as the case may be F Headings of paragraphs are for convenience of reference only and shall not be construed as a part of this Agreement G This Agreement shall be binding upon and shall inure to the benefit of the parties hereto. and their respective heirs. executors personal representatives. successors and assigns provided, however that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER. which consent may be withheld for any reason whatsoever H Any and all notices permitted. or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail. postage prepaid registered or certified mail to the following addresses Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I6C5 AS TO SELLER Collier County Real Property Management Attention Toni Mott 3335 East Tamiami Trail Naples Florida 34112 WITH A COPY TO Collier County Attorney's Office Attention Jennifer A Belpedio. Assistant County Attorney W Harmon Turner Building. 8`r Floor 3335 East Tamiami Trail Naples. Florida 34112 AS TO BUYER Marcelino Deleon PO Box 1868 Immokalee. FL 34143 I This Agreement shall be governed by the laws of the State of Florida J This Agreement may be executed in any number of counterparts. any or all of which may contain the signatures of less than all of the parties. and al+ of which shall be construed together as but a single instrument K Possession of the Premises shall be delivered to the BUYER at closing. L The word "Closing" or words of similar import as used in this Agreement shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties. or any earlier date permitted herein. M This Agreement is between SELLER and BUYER and no other party shall. under any circumstances. be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement N All of the parties to this Agreement have participated fully in the negotiation and preparation hereof. and accordingly this Agreement shall not be more strictly construed against any one of the parties hereto 0 Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER If so recorded by BUYER this Agreement shall be deemed ipso facto canceled and terminated. the Earnest Money shall thereupon be retained by or paid to SELLER as liquidated damages for such default. and BUYER shall have no further interest in the Premises. pursuant to this Agreement or otherwise P. Any prior agreements. representations understandings or oral statements including but not limited to rendering or representations contained in sales brochures. maps. sketches advertising or sales materials. and oral statements of sales representatives, if not expressed in this Agreement are void. have no effect, and have not been relied upon by BUYER t �C5 13. OTHER PROVISIONS. A. SELLER has the right to maintain possession of the property until the date of closing IN WITNESS WHEREOF the parties have caused this Agreement to be executed as of the day and year first above written AS TO SELLER DATED: 3 1 1 a, ATTEST BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K. KINZEL. Clerk COLLIER COUNTY. FLORIDA taukk CA-0C, • By. •. Deputy Clerk a ayl Chairman "Mat }r Wiese only. AS TO PURCHASER: /,/1/ (‘ :134_DATED Z Z-i By Marcelino Deleon Witness (Signature) Print Name SAX ,C.z Witness(Si nature) Print Name ‘j u,ory(J, /VAA Item# 1,62eir Approved as to form and legality: Agenda ' ,� ti" Date �? �� Date Z, t JennifAttorney. Belpedio. As rant County V Recd � �� ti\ eputy(Jerk ! 6C5 EXHIBIT A Lot 15, of Block 2 , in PEARCE SUBDIVISION, a subaivision located at Immokalee, Collier County, Florida; as per plat thereof, recorded in Plat Book 1, at Page 107 , of the Public Records of Collier County, Florida. 16C5 PROJECT: Surplus Properties FOLIO NO: 51693520001 REAL ESTATE SALES AGREEMENT • THIS AGREEMENT made and entered into this d "day of , 2021, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter referred to as SELLER, and Karen Lanae Paustian hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: I. PREMISES. The real property, which is the subject of this Agreement, (hereinafter referred to as "Premises") is located in Collier County, Florida, and described on Exhibit "A" attached hereto and made a part hereof. 2. SALE and CONVEYANCE. SELLER agrees to sell and convey all of SELLER'S right, title and interest in and to the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the terms and conditions hereinafter set forth. 3. EXECUTION OF AGREEMENT. Execution of this Agreement by BUYER must occur on or before March 15, 2021. 4. TITLE. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 5. PURCHASE PRICE. The Purchase Price ("Purchase Price") for the Premises is Six Thousand and Fifty Dollars ($6,050.00), payable by BUYER to SELLER. Concurrent, with the execution and delivery to SELLER of this Agreement, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of Six Hundred and Five Dollars ($605.00) The balance, after credit of the Earnest Money and any prorations and adjustments, shall be paid by BUYER to SELLER at closing of this transaction. 6. DISCLAIMER OF WARRANTIES. BUYER understands and acknowledges that BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the Premises, is not relying on any representations made by SELLER regarding the condition, future development potential, or use of the Premises. BUYER further acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. Without in �C) # dC5 any way limiting the preceding, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 7. PRORATIONS, ADJUSTMENTS and CLOSING COSTS. A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments or special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. 3. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustment shall be final. B. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. C. BUYER shall pay for all costs associated with this transaction including, but not limited to transfer, documentary taxes, and recording costs for any curative instruments. BUYER agrees to pay the cost of publication of the legal notice soliciting bids on the Premises. SELLER shall pay the costs of recording the conveyance instrument. 8. DEFAULTS AND TERMINATION. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER's sole remedy shall be to terminate this Agreement by giving written notice thereof to BUYER, whereupon the Earnest Money shall be retained by 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. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'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. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be returned to BUYER within thirty (30) days of receipt of Written Notice of default and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 9. EXPENSES. Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions, if any), including, without limitation, recording fees, conveyance fees, public notice cost, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. Cite t � C5 10. INTERMEDIARIES. Any and all brokerage commissions or fees brought about by the action of BUYER shall be the sole responsibility of the BUYER. BUYER shall indemnify SELLER and hold SELLER harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by BUYER as a real estate broker, salesman or representative, in connection with this Agreement, including costs and reasonable attorneys' fees incident thereto. This provision shall survive closing of this transaction. 11. CLOSING. Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3329 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 30 days from the date SELLER executed this Agreement. 12. GENERAL PROVISIONS. A. This Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted, or required to be given hereunder, shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail to the following addresses. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I6C5 AS TO SELLER: Collier County Real Property Management Attention: Toni Mott 3335 East Tamiami Trail Naples, Florida 34112 WITH A COPY TO:Collier County Attorney's Office Attention: Jennifer A. Belpedio, Assistant County Attorney W. Harmon Turner Building, 8th Floor 3335 East Tamiami Trail Naples, Florida 34112 AS TO BUYER: Karen Lanae Paustian 2216 Jackson Avenue Naples, FL 34112 I. This Agreement shall be governed by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. ! 6C5 13. OTHER PROVISIONS: A. SELLER has the right to maintain possession of the property until the date of closing IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATED: -3 2- ATTEST: BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA a•totAA • , By. &A. ' A Deputy Clerk a ayl Chairman AS TO PURCHASER: DATED: a- 11-A09%i By: -�:, .:, �... _ _ . , .,:}� -- • Karen Lanae Paustian Ay Adif W- e S (Signature) Print Name 4/ft Ji EPhiSNfoA/ 7thltitA"-p nesS(Signature) Print Name: l/GQ y Ma/CPYlp h> Item# Approved as to form and legality: Agendae t-�'a.�at Dat Date Reed Jennifer A. Belpedio, As t County Attorney 4 \'a\ 2 '�puty erk 41111 i 6C5 EXHIBIT A INOMAH BLK J LOT 2 N 25FT M�i 1 IGe5 PROJECT Surplus Properties FOLIO NOS- 01134805808 (parcel 48) and 01133560005 (parcel 47) REAL ESTATE SALES AGREEMENT ncA THIS AGREEMENT made and entered into this oZ day of iAAG ,, 2021. by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter referred to as SELLER. and Dan Daniels hereinafter referred to as BUYER WHEREAS. SELLER desires to sell and BUYER desires to purchase. the property hereinafter described. at the price and on the terms and conditions hereinafter set forth NOW. THEREFORE. in consideration of the recitals. the mutual covenants hereinafter set forth and other good and valuable considerations the receipt and sufficiency of which are hereby mutually acknowledged. it is agreed by and between the parties as follows I. PREMISES The real property. which is the subject of this Agreement. (hereinafter referred to as "Premises") is located in Collier County Florida. and described on Exhibit 'A attached hereto and made a part hereof 2 SALE and CONVEYANCE SELLER agrees to sell and convey all of SELLER'S right title and interest in and to the Premises to BUYER and BUYER agrees to purchase the Premises from SELLER. at the price and upon the terms and conditions hereinafter set forth. 3 EXECUTION OF AGREEMENT Execution of this Agreement by BUYER must occur on or before March 15. 2021 4 TITLE Title to the PREMISES shall be conveyed to BUYER by Statutory Deed 5 PURCHASE PRICE. The Purchase Price ;"Purchase Price") for the Premises is Seven Thousand Dollars (57 000.00). payable by BUYER to SELLER Concurrent with the execution and delivery to SELLER of this Agreement BUYER shall pay to SELLER. as earnest money hereunder ("Earnest Money") the sum of Seven Hundred Dollars (5700 00) The balance after credit of the Earnest Money and any prorations and adjustments shall be paid by BUYER to SELLER at closing of this transaction 6. DISCLAIMER OF WARRANTIES BUYER understands and acknowledges that BUYER is purchasing the Premises in an AS IS" condition and specifically and expressly without any warranties. representations or guarantees either express or implied of any kind. nature. or type whatsoever from or on behalf of the SELLER The BUYER acknowledges and agrees that BUYER. in entering into this Agreement and purchasing the Premises is not relying on any representations made by SELLER regarding the condition future development potential. or use of the Premises BUYER further acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal factual and other inquiries and investigations as BUYER deems necessary desirable or appropriate with respect to the Premises Without in any way limiting the preceding BUYER acknowledges and agrees that he hereby waives. releases and discharges any claim that he has might have had or may have against the SELLER with respect to the condition of the Premises 1 6C 5 7 PRORATIONS, ADJUSTMENTS and CLOSING COSTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing 1. All installments or special assessments payable after the closing. whether for work commenced as of the closing or otherwise shall be paid exclusively by BUYER 2. All other items required by any other provision of this Agreement to be prorated or adjusted. 3. At the closing. the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER All such prorations and adjustment shall be final B. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which. and to the extent that credit has been given to BUYER at the time of closing C BUYER shall pay for all costs associated with this transaction including, but not limited to transfer documentary taxes and recording costs for any curative instruments BUYER agrees to pay the cost of publication of the legal notice soliciting bids on the Premises SELLER shall pay the costs of recording the conveyance instrument. 8. DEFAULTS AND TERMINATION If BUYER defaults hereunder then provided SELLER is not in default SELLER's sole remedy shall be to terminate this Agreement by giving written notice thereof to BUYER whereupon the Earnest Money shall be retained by 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 The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'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 If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER. and provided BUYER is not in default BUYER may terminate this Agreement. whereupon the Earnest Money shall be returned to BUYER within thirty (30) days of receipt of Written Notice of default and neither party shall have any further liability or obligation to the other Notwithstanding anything contained in this Agreement to the contrary the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 9. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions if any). including without limitation. recording fees conveyance fees. public notice cost. documentary and intangible taxes of every nature and kind whatsoever shall be borne and paid by BUYER 10 INTERMEDIARIES Any and all brokerage commissions or fees brought about by the action of BUYER shall be the sole responsibility of the BUYER BUYER shall indemnify SELLER and hold SELLER harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by BUYER as a real estate � $C5 broker. salesman or representative in connection with this Agreement. including costs and reasonable attorneys' fees incident thereto This provision shall survive closing of this transaction 11. CLOSING Closing shall take place during normal business hours at the County Attorney's Office. Collier County Courthouse 3329 East Tamiami Trail Naples Florida, 34112 or such other location as SELLER may select. within 30 days from the date SELLER executed this Agreement. 12. GENERAL PROVISIONS A This Agreement including all exhibits attached hereto and documents to be delivered pursuant hereto shall constitute the entire agreement and understanding of the parties. and there are no other prior or contemporaneous written or oral agreements. undertakings promises. warranties or covenants not contained herein B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto C No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party No such waiver shall be taken as a waiver of any other or similar provision or of any future event act or default. D Time is of the essence of this Agreement In the computation of any period of time provided for in this Agreement or by law. any date fall,ng on a Saturday. Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday. Sunday or legal holiday E In the event that any provision of this Agreement shall be unenforceable in whole or in part. such provision shall be limited to the extent necessary to render the same valid. or shall be excised from this Agreement as circumstances require. and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein as the case may be F Headings of paragraphs are for convenience of reference only and shall not be construed as a part of this Agreement G This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs executors, personal representatives. successors and assigns. provided. however that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER. which consent may be withheld for any reason whatsoever H Any and all notices permitted or required to be given hereunder. shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail. postage prepaid registered or certified mail to the following addresses. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent AS TO SELLER Collier County Reai Property Management Attention Toni Mott 3335 East Tamiami Trail Naples. Florida 34112 t6C5 WITH A COPY TO Collier County Attorneys Office Attention Jennifer A Belpedio. Assistant County Attorney W Harmon Turner Building. 8" Floor 3335 East Tamiami Trail Naples Florida 34112 AS TO BUYER Dan Daniels 5035 Coral Wood Drive Naples FL 34119 I This Agreement shall be governed by the laws of the State of Florida J. This Agreement may be executed in any number of counterparts. any or all of which may contain the signatures of less than all of the parties and all of which shall be construed together as but a single instrument K. Possession of the Premises shall be delivered to the BUYER at closing L The word "Closing" or words of similar import as used in this Agreement shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties. or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement N All of the parties to this Agreement have participated fully in the negotiation and preparation hereof and accordingly this Agreement shall not be more strictly construed against any one of the parties hereto O Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER If so recorded by BUYER. this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money shall thereupon be retained by or paid to SELLER as liquidated damages for such default and BUYER shall have no further interest in the Premises pursuant to this Agreement or otherwise P Any prior agreements. representations understandings or oral statements including, but not limited to rendering or representations contained in sales brochures maps. sketches advertising or sales materials, and oral statements of sales representatives. if not expressed in this Agreement. are void. have no effect and have not been relied upon by BUYER 13 OTHER PROVISIONS A SELLER has the right to maintain possession of the property until the date of closing (Signatures on Next Page) 1 `C5 IN WITNESS WHEREOF. the parties have caused this Agreement to be executed as of the day and year first above written • AS TO SELLER: DATED: 3 ) ZJZ J ATTEST. BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K KINZEL Clerk COLLIER COUNTY FLORIDA irStiu co. ♦ By. awn Deputy Clerk ayl hairman 41010.14. AS TO PURCHASER: DATED: 76 By: el Dan niels Hess (Signature) Print Name '`*L 4 Witness (Signature) Print Name Lq. r4 A • FI►t. / Approved as to form and legality V /\V Hem* . s.�—�a Jennifer . Belpedio. A nt County Attorney 4 Aa Agenda Lila,. o�- Date Date Recd ePutY e"c 4NV " C 5 EXHIBIT A DESCRIPTION OF LAND IN THE NORTH 1/2 OF COPELAND VILLAGE LYING IN THE NE V. OF SECTION 13. T52S. R29E COLLIER COUNTY FLORIDA PARCELS 47 & 48 Commencing at the East Y. corner of Section 13 T52S. R29E Collier County. Florida thence N 68: 04' 26 W 987.57 feet. said corner being the place of ending of S-837 as described in Deed Book 42. Page 142 and also the place of beginning of a 50 foot wide strip of land for County Roads as described in Deed Book 42. Page 303 of the Public Records of Collier County, Florida thence S 42 06' W 37 00 feet: thence N 52714' W 134.40 feet. thence N 0` 51 E 97.00 feet to 'Intersection Point C" described in said Deed Book 42, Page 303 thence along the centerline of-CS. Street N 88` 39' W 484.00 feet: thence N 1 21' E 25 00 feet for a PLACE OF BEGINNING' thence N 88°39' W 128.20 feet: thence N 1` 21' E 100 00 feet. thence S 88' 39' E 128 20 feet: thence S 1 ' 21 feet W 100.00 feet to the place of beginning. Bearings based on the East line of the NE 1/4 of Section 13 as being N 0° 02' W. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIib Re-c-- • ` 61 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County orney OftYc 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 Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 53f3 Cf \24 4. BCC Office Board of County b Commissioners JAM `31 5. Minutes and Records Clerk of Court's Office �� 3 ;t ape, 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 Jay Malamphy Phone Number 8402 Contact/ Department Agenda Date Item was January 12,2021 Agenda Item Number 16C5 Approved by the BCC Type of Document Statutory Deeds Number of Original 3 Attached Documents Attached PO number or account Fund 001; Cost Center 122310;Object number if document is Code 649030 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? S ��n� 0 N/A 2. Does the document need to be sent to another agency for additional signatures. If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed (\ by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's 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 N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's M signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A 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 bids were approved by the BCC on January 12,2021 and the Statutory Deeds are the County's standard form approved by the County Attorney's Office. 7/4 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. 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 This deed was re-recorded to correct the consideration and documentary I"JSTR 6032403 OR 5922 PG 320 stamp tax. RECORDED 4/6/2021 4:08 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER PROJECT: Surplus COLLIER COUNTY FLORIDA FOLIO: 01134805808 (parcel 48) and 01133560005DOC@.70$0.70 REC$18.50 (parcel47) CONS$10.00 STATUTORY DEED ` THIS DEED, made this s 4' day of Ap f i I , 2021, by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA', whose mailing address is 3335 Tamiami Trail East, Naples, Florida 34112, (hereinafter called the Grantor), to DAN DANIELS, whose mailing address is 5035 Coral Wood Drive, Naples, FL 34119 (hereinafter called the Grantee). (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does hereby grant, bargain and sell unto the Grantee, the following described land lying and being in Collier County, Florida: See Exhibit A Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLI R COUNTY, FLORIDA CRYSTAL K. K.INZEL,_CLERK On', 5-1441- ._ • !LQ �,. B , 041-417 s''-4, 41— ,, Deputy Clerk Penny Taylor; 6hairman e81 +,' ►pnature only. INSTR 6035239 OR 5924 PG 3238 RECORDED 4/9/2021 11:55 AM PAGES 2 RE-RECORD CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70$49.00 REC$18.50 CONS$7,000.00 Approved as to form and legality: t Item# A2e_ AgendaJennife . Belpedio, Assista County Attorney �\-)--\ Date %cve7"',a 1 Date 6 I Rec'd v ieputy Clem 6 L; 5 EXHIBIT A DESCRIPTION OF LAND IN THE NORTH 1/2 OF COPELAND VILLAGE LYING IN THE NE Y. OF SECTION 13. T52S. R29E COLLIER COUNTY. FLORIDA PARCELS 47 & 48 Commencing at the East Y. corner of Section 13 T52S. R29E Collier County, Florida thence N 68` 04' 26' W 987 57 feet. said corner being the place of ending of S-837 as described in Deed Book 42. Page 142 and also the place of beginning of a 50 foot wide strip of land for County Roads as described in Deed Book 42. Page 303 of the Public Records of Collier County. Florida. thence S 42- 06' W 37 00 feet: thence N 52'14' W 134.40 feet: thence N 0' 51' E 97.00 feet to -'Intersection Point C" described in said Deed Book 42. Page 303 thence along the centerline of "C' Street N 88' 39' W 484.00 feet: thence N 1' 21' E 25 00 feet for a PLACE OF BEGINNING: thence N 88'39' W 128.20 feet; thence N 1' 21' E 100.00 feet. thence S 88' 39' E 128 20 feet thence S 1" 21 feet W 100.00 feet to the place of beginning. Bearings based on the East line of the NE Y. of Section 13 as being N 0 02' W. This deed was re-recorded to correct INSTR 6032404 OR 5922 PG 322 16 r C the consideration and documentary RECORDED 4/6/2021 4.08 PM PAGES 1 v fl stamp tax. CLERK OF THE CIRCUIT COURT AND COMPTROLLER PROJECT: Surplus COLLIER COUNTY FLORIDA nnre 70$n 7n REC$10.00 FOLIO: 51693520001 CONS$10.00 STATUTORY DEED THIS DEED, made th•is ,S-� day of .f ✓ ; 2021, by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,I whose mailing address is 3335 Tamiami Trail East, Naples, Florida 34112, (hereinafter called the Grantor), to KAREN LANAE PAUSTIAN, whose mailing address is 2216 Jackson Avenue, Naples, FL 34112 (hereinafter called the Grantee). (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does hereby grant, bargain and sell unto the Grantee, the following described land lying and being in Collier County, Florida: INOMAH BLK J LOT 2 N 25FT Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLI R COUNTY, FLORIDA CRYSTAL K. KINZEL, CLERK b0rdei)js LOC -. By: t-puty Clerk Penny Taylo hairman ttest as to.Chai sit ature only. • INSTR 6035240 OR 5924 PG 3240 RECORDED 4/9/2021 11.55 AM PAGES 1 RE-RECORD CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70$42.70 REC $10 00 CONS$6,050.00 Approved as to form and legality: Jenn r A. Belpedio; Assista t County Attorney Q- 'Jo ` This deed was re-recorded to correct INSTR 6032405 OR 5922 PG 323 the consideration and documentary RECORDED 4/6/2021 4:08 PM PAGES 1 stamp tax. CLERK OF THE CIRCUIT COURT AND COMPTROLLER PROJECT: Surplus COLLIER COUNTY FLORIDA FOLIO: 66220840000 DOC@ C$0 70 REC$10.00 CONS$10.00 STATUTORY DEED THIS DEED, made this IS day of Afv--. I , 2021, by the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, whose mailing address is 3335 Tamiami Trail East, Naples, Florida 34112, (hereinafter called the Grantor), to MARCELINO DELEON, whose mailing address is PO Box 1868, Immokalee, FL 34143 (hereinafter called the Grantee). (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does hereby grant, bargain and sell unto the Grantee, the following described land lying and being in Collier County, Florida: Lot 15 , of Block 2 , in PEARCE SUBDIVISION, a subdivision located at Immokalee, Collier County, Florida; as per plat thereof, recorded in Plat Book 1 , at Page 107 , of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLL R UNTY, FLORI A CRYSTAL K. KINZEL, CLERK b • ,l _SZ)c_ By: °11-4(9 Deputy Clerk Penny Taylor, Chairman ' +.ire!zi• 1v. INSTR 6035241 OR 5924 PG 3241 RECORDED 4/9/2021 11:55 AM PAGES 1 RE-RECORD CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA DOC@.70$36.40 REC$10.00 CONS$5,185.00 Approved as to form and legality: , c� JennifeYA. Belpedio, Assistan ounty Attorney