Phase II - Santa Barbara Project #62081
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT is made and entered into on this 27 r-H
day of 'J4L-y , 2010, by and between DEAN E. WALLS and CYNTHIA S.
WALLS, husband and wife, whose mailing address is 1975 Santa Barbara Blvd.,
Naples, FI 34116-5445, (hereinafter referred to as "Owner"), 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, Purchaser and Owner have previously entered into an Easement
Agreement dated April 29, 2010 (hereinafter referred to as the "Agreement"); and
WHEREAS, Purchaser and Owner are desirous of amending Paragraph 4 of the
Agreement to extend the time for Closing of the transaction up to and including October
29, 2010 and to provide for a further time extension, if required, to be approved by the
County Manager or his designee.
NOW THEREFORE, in consideration of the mutual covenants and obligations
provided within the Agreement dated April 29, 2010 and other valuable consideration,
the Agreement is hereby amended as follows:
1. Paragraph 4 of the Agreement is hereby deleted in its entirety and the following
provision is substituted in its place:
Both Owner and Purchaser agree that time is of the essence. Therefore,
Closing shall occur by no later than October 29, 2010; provided, however,
that Purchaser shall have the unilateral right to extend the term of this
Agreement pending receipt of such instruments, properly executed, which
either remove or release any and all such liens, encumbrances or
qualifications affecting Purchaser's enjoyment of the Easement. Such right
to extend may be exercised by the County Manager or his designee for an
additional term not exceeding ninety (90) days without further Board action.
All additional extensions must be Board approved. At Closing, payment
shall be made to Owner in that amount shown on the Closing Statement as
"Net Cash to the Seller," and Owner shall deliver the Closing Documents to
Purchaser in a form acceptable to Purchaser.
Except as expressly provided herein, the Agreement between Purchaser and 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 parties hereto have executed this Amendment to
Agreement on the date first above written.
AS TO PURCHASER:
DATED: 07-27- 2C7( C1
BOARD OF COUNTY COMMISSIONERS
COLLlE~UNYV, FLORIDA
BY: ~W. ~
FRED W. COYL, halrman
* '.- ~_: :. ~ '.
Amendment To Agreement
Witness (Sign ure)
!!am," L. JOne.s
Name (Print or Type)
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Witness (Sig ature)
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Name ( int or Type)
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CYNTHIAS. WALLS .
Witness ( ign ure)
Kum.. L. J; J1 t-.J-
Name (Print or Type)
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Approved as to form and
legal sufficiency:
~~~
Jennife hite ~
Assistant County Attorney