Agenda 05/26/2015 Item #16D2 Proposed Agenda Changes
Board of County Commissioners Meeting
May 26, 2015
Continue Item 9A to the June 9,2015 BCC Meeting: This item to be heard at 9:45 a.m. This item has been
continued from the April 28,2015 BCC meeting,and continued again from the May 12,2015 BCC
Meeting. Recommendation to deny a single,2013 Cycle 3 Growth Management Plan Amendment
specific to the Vincentian Mixed Use Sub district petition.(Adoption Hearing) (Companion to rezone
petition PUDZ-PL20130001726,Vincentian Village Mixed Use PUD) (Staffs request)
Continue Item 9B to the June 9,2015 BCC Meeting: This item to be heard immediately following Item 9A.
This item was continued from the April28,2015 BCC Meeting,and continued again from the May 12,2015
BCC Meeting. This item requires ex parte disclosure be provided by Commission members.Should a
hearing be held on this item,all participants are required to be sworn in.Recommendation to approve an
Ordinance amending Ordinance Number 2004-41,as amended,the Collier County Land Development
Code,which established the comprehensive zoning regulations for the unincorporated area of Collier
County,Florida,by amending the appropriate zoning atlas map or maps by changing the zoning
classification of the herein described real property from a Planned Unit Development(PUD)zoning
district to a Mixed Use Planned Unit Development(MPUD)zoning district for a project to be known as
the Vincentian Village MPUD,to allow construction of a maximum of 224 multifamily residential dwelling
units,up to 250,000 gross square feet of commercial land uses,and a hotel limited to 150 rooms and an
assisted living facility(ALF)at 0.6 FAR.The commercial uses are subject to conversions and limitations if
the project is developed as mixed use or if a hotel or ALF is constructed.The subject property is located at
the southeast corner of Southwest Boulevard and U.S.41 in Section 32,Township 50 South,Range 26 East,
Collier County,Florida,consisting of 30.68+/-acres;providing for the repeal of Ordinance Number 99-37,
the Vincentian PUD;and by providing an effective date.[PUDZ-PL20130001726.This is a companion item
to the Growth Management Plan Amendment establishing the Vincentian Mixed Use Sub district,
PL20130001767/CP-2013-10] (Staffs request)
Move Item 16D2 to Item 11D: Recommendation to approve a standard form
Agreement for Sale and Purchase with Earl Willett for a "good deal"
purchase of 2.02 acres under the Conservation Collier Land Acquisition
Program, at a cost not to exceed $3,050. (Commissioner Nance and
Commissioner Henning's separate requests)
Continue Item 16D8 to the June 9,2015 BCC Meeting: Recommendation to approve Standard Facility Use
Agreements for Community Markets(Short-Term and Long Term)and authorize the County Manager or
his designee to execute the Short-Term Use Agreements; the Long Term Use Agreements will be presented to
the Board for signature. (Staff's request)
5/26/2015 16.D.2.
EXECUTIVE SUMMARY
Recommendation to approve a standard form Agreement for Sale and Purchase with Earl Willett
for a "good deal" purchase of 2.02 acres under the Conservation Collier Land Acquisition
Program,at a cost not to exceed$3,050.
OBJECTIVE: To obtain approval to purchase a 2.02 acre parcel within the Mcllvane Marsh Project area
as a"good deal."
CONSIDERATIONS: On January 25, 2011, Agenda Item 10B, the Board directed staff to cease
purchasing properties for the Conservation Collier Land Acquisition Program unless "a very good deal"
comes forward.
Earl Willett (Seller) owns a 2.02 acre parcel within the Mcllvane Marsh Preserve for the Conservation
Collier Program. Acquisition of this parcel serves to further complete the protection of environmentally
sensitive lands within the Mcllvane Marsh Preserve project area(see attached Location Map).
The Seller has made an offer of $2,500 for his property. The Real Property Management's Review
Appraiser values this 2.02 acre parcel at $4,000, and the Property Appraiser has the property assessed at
$5,050,therefore staff proposes it as a"good deal"acquisition.
The attached Agreement for Sale and Purchase (Agreement)provides that should the County elect not to
close this transaction for any reason, except for default by Seller; the County will pay Seller $12.50 in
liquidated damages.
At their April 6, 2015 public meeting, the CCLAAC unanimously approved and voted to recommend
Board approval and execution of the Agreement.
The standard Agreement and a Warranty Deed will be prepared for the County Attorney's Office review
and approval for execution by the Chair and recordation.
FISCAL IMPACT: The total cost of the conveyance will not exceed $3,050 (including approximately
$550 for the title commitment, title policy, and recording of documents). The funds will be withdrawn
from the Conversation Collier Land Acquisition Fund(172),fund center(178986). A budget amendment
will be necessary to provide funds for the acquisition from Reserves. Because of its small size and its
location within the McIlvane Marsh Project area,this 2.02 acre purchase is not anticipated to substantially
increase the Conservation Collier McIlvane Marsh Preserve perpetual operations and maintenance cost
estimates that have already been considered by the CCLAAC and incorporated into the Conservation
Collier Long Term Financial Management Plan. Staff is also exploring potential for subsequent
trade/donation/sale to the Division of State lands for inclusion into the Rookery Bay National Estuarine
Research Reserve as a way to provide for long term management needs within this project.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with
and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County
Growth Management Plan.
LEGAL CONSIDERATIONS: This item approved for form and legality and requires majority vote for
Board approval. -JAB
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RECOMMENDATION:That the Board of County Commissioners:
1) Approves and accepts a standard form Agreement and Warranty Deed once they have been
received and approved by the County Attorney's Office; 2)Authorizes the Chairman to execute
the Agreement and any and all other County Attorney's Office approved documents related to
this transaction; 3) Authorizes the County Manager or his designee to prepare related vouchers
and Warrants for payment; and 4) Directs the County Manager or his designee to proceed to
acquire this parcel, to follow all appropriate closing procedures, to record the deed and any and
all necessary documents to obtain clear title to this parcel, and to take all reasonable steps
necessary to ensure performance under the Agreement.
2) Approves any necessary budget amendments.
PREPARED BY: Cindy M. Erb, Senior Property Acquisition Specialist, Real Property Management
Section,Division of Facilities Management,Administrative Services Department,and
Alexandra Sulecki, Principal Environmental Specialist, Parks and Recreation Department, Conservation
Collier Program
Attachments: 1)Draft Agreement for Sale and Purchase; and 2)Report with Location Map
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.2.
Item Summary: Recommendation to approve a standard form Agreement for Sale and
Purchase with Earl Willett for a "good deal" purchase of 2.02 acres under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $3,050.
Meeting Date: 5/26/2015
Prepared By
Name: BetancurNatali
Title: Operations Analyst,Beach&Water
4/29/2015 3:21:51 PM
Submitted by
Title: Environmental Specialist, Principal, Conservation Collier
Name: SuleckiAlexandra
4/29/2015 3:21:53 PM
Approved By
Name: MottToni
Title: Manager-Property Acquisition &Const M, Facilities Management
Date: 4/29/2015 3:41:23 PM
Name: WilliamsBarry
Title: Division Director-Parks &Recreation, Parks &Recreation
Date: 4/30/2015 10:00:29 AM
Name: MarkiewiczJoanne
Title: Division Director-Purchasing&Gen Svc, Procurement Services
Date: 4/30/2015 12:15:21 PM
Name: Washburnllonka
Title: Manager-Park Operations, Parks &Recreation
Date: 4/30/2015 4:37:55 PM
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5/26/2015 16.D.2.
Name: TownsendAmanda .-.
Title: Division Director-Operations Support, Public Services Department
Date: 5/4/2015 4:07:34 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Department
Date: 5/5/2015 9:56:17 AM
Name: SuleckiAlexandra
Title: Environmental Specialist, Principal, Conservation Collier
Date: 5/6/2015 9:49:23 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 5/6/2015 12:11:18 PM
Name: CarnellSteve
Title: Department Head-Public Services,Public Services Department
Date: 5/7/2015 10:23:53 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/7/2015 4:17:12 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 5/14/2015 3:45:04 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/15/2015 7:47:20 AM
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CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775760002
.-� AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between EARL WILLETT, whose
address is 4809 Westbury Court, New Port Richey, FL 34655, (hereinafter referred to
as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples,
FL 34112, (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 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, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Two
Thousand Five Hundred Dollars and 001100, ($2,500.00) payable at time of
closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before one hundred and twenty
(120) days following execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto. The Manager of the
Real Property Management or designee is authorized to enter into such mutual
written agreements on behalf of the County for extensions of up to an additional 90
days without further approval by the Board of County Commissioners. The
Closing shall be held at the Collier County Attorney's Office, Administration
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CONSERVATION COLLIER
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Building, 3299 Tamiami Trail East, Suite 800, Naples, Florida. The procedure to
be followed by the parties in connection with the Closing shall be as follows:
3.011 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 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:
3.0111 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.
3.0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A wire transfer or negotiable instrument in an amount equal to
the Purchase Price. 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 Section 4.011 thereto, and the 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.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article Ill hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
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CONSERVATION COLLIER
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■ ' Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser. The cost of the title commitment shall also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. 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.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, 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;
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an ALTA Commitment for an Owner's Title Insurance Policy
(ALTA Form B-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.
4.012 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 said time period, Purchaser, by providing written notice to
Seller within seven (7) days after expiration of said thirty (30) day period, may
accept title as it then is, waiving any objection; 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 exceptions to title as shown in the title commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
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CONSERVATION COLLIER
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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 referenced in Exhibit "A," 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, within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller 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 said
sixty (60) day period, 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.
V. INSPECTION PERIOD
5.01 Purchaser shall have ninety (90) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended use and purpose in the
Conservation Collier program.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. In
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• •
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2014 taxes, and shall be
paid by Seller.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) 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.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one-half percent (1/2%) of the purchase
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price shall be paid to Seller as liquidated damages which shall be Seller's sole and
exclusive remedy, and neither party shall have any further liability or obligation to
the other except as set forth in paragraph 12.01, (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.
9.03 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.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES,
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have 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.
10.012 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.
10.013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
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,•-•
10.016 Until the date fixed for Closing, so 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.
10.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous 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 knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
�-\ located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill.
10.018 Seller has no knowledge that the Property and 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.
10.019 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.
10.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, 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
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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.
10.021 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 change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
10.023 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 Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
a
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automated confirmation of receipt, or by registered, or certified mail, return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser: Alexandra Sulecki, Coordinator
Conservation Collier Program
Collier County Parks and Recreation Department
North Collier Regional Park
15000 Livingston Road
Naples, FL 34109
With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist
Collier County Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
Telephone number: 239-252-8917
Fax number: 239-252-8876
If to Seller: Earl Willett
4809 Westbury Court
New Port Richey, FL 34655
Telephone number: 727-849-2885
Fax number:
11.02 The addressees and numbers for the purpose of this Article 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 addresses or
addressees 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.
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser 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 Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a separate
agreement, if any.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
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CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775760002
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties 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.
13.03 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.
13.04 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.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13.06 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.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida. This Agreement is subject to fund
availability and future appropriation. Should the funds not be available or able to
be used prior to closing the Purchaser or Seller may immediately terminate this
agreement without any payment of any kind to Seller.
13.09 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 Chapter 286,
Florida Statutes, 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. Of 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.)
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CONSERVATION COLLIER 5/26/2015 16.D.2.
TAX IDENTIFICATION NUMBER: 00775760002
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. 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. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by BCC:
AS TO PURCHASER:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk Tim Nance, Chairman
Approved as to form and legality:
op
Jennifer A. Belpedio, Assistant County Attorney 47
ti
Pt
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5/26/2015 16.D.2.
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775760002
AS TO SELLER:
DATED:
WITNESSES:
Witness#1 (Signature) Earl Willett
Witness#1 (Printed Name)
Witness#2 (Signature)
Witness#2 (Printed Name)
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5/26/2015 16.D.2.
CONSERVATION COLLIER
TAX IDENTIFICATION NUMBER: 00775760002
EXHIBIT "A"
PROPERTY TAX IDENTIFICATION NUMBER: 00775760002
LEGAL DESCRIPTION:
THE NORTH 267 FEET OF THE WEST %2 OF THE WEST '/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST % OF SECTION 30, TOWNSHIP
51 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA.
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Conservation Collier Land Acquisition Program
Project Design Report
Willett Proposed "Good Deal"Acquisition
Date: May 26, 2015
—,,.'.'..7 EN S..
, a Conservation Collier: Mcllvane Marsh Col°lierCounhj
_" Surrounding Lands
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narn sr,urce varcac nna zmz nerarc. 1P County Mitigation Parcel
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Property Owner(s): Earl and Ruth Willett
Folio(s): 00775760002
Location: Mcllvane Marsh - Section 30, Township 51, Range 27
Size: 2.02 acres
Appraisal/Offer Amount: $2,500
History of Project:
Received Reviewed by Approved for Purchase offer Offer Accepted
application CCLAAC purchase by BCC made to owners
December 2,2014 April 6,2015
Purpose of Project: Conservation Collier
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Program Qualifications: McIlvane Marsh is a project area in which a number of similar parcels
were evaluated as a group. It is not an approved multi-parcel project. The parcels met 5 out of 6
initial screening criteria, including presence of native habitat, human resource values,
biodiversity and connectivity. The one criteria not met was being within another agency
acquisition boundary. Rookery Bay National Estuarine Research Reserve (RBNERR).
McIlvane Marsh is an 800-acre project area located south of U.S. 41 and just to the west of
Collier Seminole State Park, in Sections 29 and 30, Township 51, Range 27. The project area is
divided into 19 parcels of which Conservation Collier has previously acquired 9 parcels totaling
378.87 acres, excluding the subject parcel. RBNERR either already owns or is in the process of
receiving 2 parcels totaling 330 acres that have been donated for mitigation purposes. Collier
County also owns 20 acres of conservation lands within the project area from a 1999 mitigation
transaction which is held in the County Transportation Department's portfolio. Acquisition of
the Willett parcel will place approximately 401 acres under County ownership, for a total of 731
acres in conservation status, counting RBNERR lands. There are 78.44 acres within McIlvane
Marsh remaining to be acquired from 5 owners. The likelihood of acquiring the remaining
parcels is unknown as staff has not solicited remaining owners; however, one 10.46 acre parcel
on the east side of the project area is unlikely to be offered as it contains a radio tower.
The Willett parcel is 2.02 wetland acres on the west side of the project area. The owner offered
it as a good deal acquisition to Conservation Collier in December 2014. It was first presented to
the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) in January, 2015,
however the Committee did not have a quorum at that meeting, so the proposal was reviewed
again at the April 13, 2015 CCLAAC meeting with a quorum where it was unanimously
recommended for acquisition as a good deal. On January 25, 2011, Agenda Item 10B, the Board
directed staff to cease purchasing properties for the Conservation Collier Land Acquisition
Program unless "a very good deal" comes forward. This property is presented to the Board as a
`good deal.' No additional management funding is contemplated as part of the transaction.
McIlvane Marsh contains at least 4 different types of native plant communities identified by the
Florida Department of Transportation's Florida Land Use Cover and Forms (FLUCCS)
(1994/1995) classification system, including saltwater marsh, mangroves, pine flatwoods and
inland ponds/sloughs. These native plant communities appear to be in relatively good shape,
with exotics primarily along the northern edge where there is a dirt access road, however, much
of the property was viewed from one video taken of the western side of the marsh and from the
air, due to accessibility problems.
There is potential in McIlvane Marsh to provide appropriate access for nature-based recreation
through State-owned Rookery Bay lands, however, at present McIlvane Marsh is categorized as
a Category 5 — Resource Protection/Restoration Use Preserve. Although much of the marsh is
inaccessible by vehicle or foot, there is potential for canoe or kayak access, fishing and wildlife
viewing via Curcie Road, a paved, public right-of-way.
Acquisition of parcels within this project area will provide opportunities for protection of water
resource values, including aquifer recharge, water quality enhancement, protection of wetland
dependent species and flood control. Coastal wetlands within the project area provide habitat
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for many wetland dependent species, particularly bird and fish species. There is a known
rookery within the Mcllvane Marsh and many listed and non-listed bird species have been
observed there. The marsh contains habitat for other listed species, including American alligator
(State —SSC*, Federal — T**) and American crocodile (State — E***, Federal - E). While it is
not known whether the site contains listed plant species, it is likely to contain listed (but locally
common) bromeliad species. Retaining the marsh in its natural state will provide protection both
for developed properties to the north from storm surge and water quality protection to adjoining
marine and estuarine communities, as the plants, animals and soils in coastal marshes absorb,
filter and neutralize many pollutants draining from the land. The area also provides moderate to
substantial recharge for the surficial aquifer.
Acquisition of the Mcllvane Marsh will provide opportunities to protect significant biological
values by protection listed species habitat, providing connectivity to other conservation lands and
offering restoration potential and ecological quality. The marsh appears to have good ecological
quality, as observed by staff during area flyovers and site visits and as reported by Rookery Bay
National Estuarine Research Reserve (RBNERR) staff. The project area is directly connected to
public conservation and park lands, including the Collier Seminole State Park, Ten Thousand
Islands National Wildlife Refuge, Deltona Settlement Lands and,through them, to RBNERR.
Projected Management Activities:
Staff is currently in conversation with the Florida Division of State Lands on a post-acquisition
partnering proposal that could potentially transfer title to McIlvane Marsh properties to the State
for inclusion in the RBNERR. Rookery Bay staff advises that canoe and kayak access is
possible from Curcie Road. Partnership with the State would make the entire project less
expensive for Collier County, remove long term management costs and obligations for the
County on inaccessible areas and would still result in placing the marsh in permanent
conservation status, with some level of public access, thus achieving the goals of the
Conservation Collier Program. Should no agreement come from the discussions with Florida
Division of State Lands, acquisition of the parcel will still serve to fulfill environmental goals for
the project area.
* SSC—Species of Special Concern
** T- Threatened
*** E -Endangered
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