Agenda 05/10/2011 Item #16A 8
5/10/2011 Item 16.A.8.
EXECUTIVE SUMMARY
Recommendation to approve a purchase agreement for the purchase of right-of-way
required for the construction of Oil Well Road and terminate the agreement with the
former owner. Project No. 60044. (Fiscal Impact: $30,600)
OBJECTIVE: To terminate a purchase agreement with the prior owner and approve a new
agreement with the current owner. The purchase is necessary to acquire a parcel of land
necessary for the construction of improvements to Oil Well Road.
CONSIDERATIONS: On September 14,2010, the Board of County Commissioners approved
Item 16A-I0 authorizing the purchase of four fee simple parcels needed for construction of Oil
Well Road improvements. (The Executive Summary for Item 16A-JO of the September 14th
agenda is included as backup documentation.) Three of those parcels have already been
purchased. The remaining parcel, identitled as 227FEE, was owned at the time by Rita Maria
Santacruz. Recently, the owner's attorney, Bella Patel, notified staff that Ms. Santacruz had
quitclaimed the parcel back to her father, Jose I. Santacruz. In order to proceed with the
purchase from the new owner. it will be necessary for the Chairman to also execute a letter
terminating the former Agreement with Ms. Santacruz.
--
The purchase price of $19.8 I 0 for Parcel 227FEE and the aHorney fees, expert witness fees and
costs of $ 10,500 payable to Attorney Bella Patel have not changed from the original agreement.
FISCAL IMP ACT: The total sum of $30,600 will be paid from impact fees and includes the
purchase price of $19.810, attorney fees and expert witness costs of $1 0,500 and title insurance
premiums and recording fees not to exceed $290.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally suflkient. This item rcquires a majority vote.--.1BW
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
----
1. Authorize the Cbaimlan to execute the "Termination or Purchase Agreement" letter to the
prior owner, Rita Maria Santacruz, on behalf of the Board;
2. Approve the new Purchase Agreement with Jose I. Santacruz and authorize its Chairman to
execute same on behalf of the Board;
3. Accept the conveyance of Parcel No. 227FEE, and authorize the County Manager or his
designee to record same in the public records of Collier County, Florida;
4. Authorize the payment of all costs and expenses necessary to close the transaction;
5. Authorize the County Manager or his designee to take the necessary measures to ensure the
County's performance in accordancc with the terms and conditions of the Agreement; and
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5/10/2011 Item 16.A.8.
6. Approve any and all budget amendments which may be required to carry out the collective
will of the Board.
Prepared by: Rebecca Harding, Property Acquisition Specialist. Growth Management Division,
Transportation Engineering R-O- W
Attachments: (1) Termination of Purchase Agreement Letter; (2) New Purchase Agreement with
Jose I. Santacruz; (3) Formcr Purchase Agreement with Rita Maria Santacruz; (4)
Quitclaim deed from Rita Maria Santacruz to Jose I. Santacruz; (5) Executive
Summary for Item 16A-1 0 of the September 14, 2010 Bee Agenda
Packet Page -551-
5/10/2011 Item 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number:
16.A.8.
Item Summary: Recommendation to approve a purchase agreement for the purchase of
right~of~way required for the construction of Oil Well Road and terminate the agreement with
the former owner. Project No. 60044. (Fiscal Impact: $30,600)
Meeting Date: 5/10/2011
Prepared By
Name: HardingRebecca
Title: Property Acquisition Specialist, Transportation Engineering & Construction Management
4/15/2011 1 I :08:05 AM
Submitted by
Title: Property Acquisition SpeciaJist,Transp0l1ation Engineering & Construction Management
Name: HardingRebecca
4/1 5/20] 1 11 :08:07 AM
Approved By
Name: HendricksKevin
Title: Manager ~ Right ofWay,Transpottation Engineering
Date: 4/21/201 I 12:15:08 PM
Name: DuganKevin
Title: Project Manager,Transportation Engineering & Const
Date: 4/25/2011 I :30:22 PM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & Construction Management
Date: 4/25/2011 2:40:46 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 4/27/2011 8:48:57 AM
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5/10/2011 Item 16.A.8.
Name: AhmadJay
Title: Director ~ Transportation Engineering,Transport2tion Engineering & Construction Management
Date: 4/27/2011 10:50:49 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 4/27/2011 1:13:58 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 4/27/20] 12:17:06 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/28/20111:19:09 PM
Name: CasalanguidaNick
Title: Deputy Administrator ~ GMD.Business Management & Budget OfJice
Date: 4/29/2011 9:04:30 AM
Name: UsherSusan
Title: ManagementlBudget Analyst, Senior,Office of Manage
Date: 5/3/2011 10:53:14 AM
Name: OchsLeo
Title: County Manager
Date: 5/3/2011 11:19:06 AM
Packet Page ~553-
5/10/2011 Item 16.A.8.
C.;mer County
-,
GroV\rth Management Division
DIV\FT
April 20, 20 11 (:\ote date to be changed after new Agreement is approved by Bee)
Rita Maria Santacruz
7808 Outer Bridge Street
Wesley Chapel, Florida 33545
RE Termination of Purchase Agreement - Oil Well Road Phase ll, Parcel 227FEE
Dear Ms. Santacruz:
This letter shall serve as notification that the Purchase Agreement dated September 14, 20 10 between Collier
County and Rita Maria Santacruz is null and void and of no further force or effect. The quitclaim deed to
Jose Santacruz, dated February 28, 2011, and recorded in the public records of Collier County, Florida, in
OR Book 4659, Page 152, has divested you of any rights in the real property which was the subject of the
above-referenced Purchase Agreement and you are hence unable to perform your obligations thereunder.
Said Agreement is hereby terminated by Collier County.
Sincerely,
Fred W Coyle, Chairman
Board of County Commissioners
Collier County, Florida
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5/10/2011 Item 16.A.8.
PROJECT:
PARCEL No.:
FOLIO No.
Oil Well Road - Phase II
227FEE
40011240000
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this _ day of 20~, by and
between JOSE I. SANTACRUZ, a married man. whose mailing address is 7808
Outerbridge Street, Wesley Chapel. Florida 33545~4185, (hereinafter referred to as
"Owner"). and CCllLlER COUNTY, 2 poiltical subdivision of the State of Flonda. whose
mailing address is 3301 Tamiaml Trail East, Naples. Flonda 34112 (hereinafter referred
to as "Purchaser").
WHEREAS, Purchaser requires a fee estate In that land described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein: and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property.
NOW THEREFORE, in consideration of these premises. the sum of Ten Dollars
($10,00), and other good and valuable consideration, the receipt and sufficiency of
which IS hereby mutually acknowledged, it IS agreed by and between the parties as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
Incorporated herein by reference as if set forth fully bebw, and 211 Exhibi!s
referenced herein are made a part of thIS Agreement.
2. The purchase price (the "Purchase Price") for the Property shall be $19,810.00
(U.S. Currency) payable at time of clOSing, subject to the apportionment and
distribution of proceeds pursuant to Paragraph 9 of this Agreement (said
transaction hereinafter referred to as the "Closing"). Said payment; payable by
County Warrant, shall be full compensation for the Property conveyed,
including all landscaping, trees, shrubs, Improvements, and fixtures located
thereon, and shall be In full and final settlement of any damages resulting to
Owner's remaining lands, costs to cure, including but not limited to the cost to
relocate the existing irrigation system and other improvements, and the cost to
cut and cap irrigation lines extending Into the Property, and to remove all
sprinkler valves and related electrical wiring, and all other damages in
connection With conveyance of said Property to Purchaser. Purchaser shall
also pay the aggregate amount of $10,500 dollars (U S Currencyl to the Bella
Y Patel Trust Account as paymenl In full of all attorneys. fees, expert witness
fees and costs as provided for In Chapter 73. Florida Statutes.
3 Owner shall convey a mal'ketable title free or any liens encumbrances,
exceptions, or qualificatIons Marketaole title shall be determined according to
the applicable title standards adopted by the Flonda Bar and In accordance
With law. Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbering the Property, the execution of such instruments
which will remove or release such encumbrances from the Property upon their
recording in the public records of Collier County. Florida. At or prior to Closing,
Owner shall provide Purchaser With a copy of any existing prior title insurance
policies. Owner shall provide such Instruments, properly executed, to
Purchaser on or before the date of Closing_ Owner shall cause to be delivered
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5/10/2011 Item 16.A.8.
Page 2
to Purchaser the items specified herein and the following documents and
instruments duly executed and acknowledged, in recordable form (hereinafter
referred to as "Closing Documents")
(a) General Warranty Deed;
(b) Closing Statement;
(c) Grantor's Non~Foreign. Taxpayer Identification and "Gap" Affidavit:
(d) W-9 Form; and
(e) Such evidence of authority and capacity of Owner and its representatives
to execute and deliver this agreement and all other documents required
to consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence. Therefore,
Closing shall occur within ninety (gO) days from the date of execution of this
Agreement by the Purchaser; 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 Property. At Closing, payment shall be made to Owner in that amount
shown on the Closing Statement as "Net Cash to SeHer," and Owner shall
deliver the Closing Documents to Purchaser in a form acceptable to Purchaser.
Purchaser shall be entitled to full possession of the Property at Closing.
5. Owner agrees to relocate any existing irrigation system located on the Property
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser
Owner assumes full responsibility for the relocation of the irrigation system on
the remainder property and its performance after relocation. Owner holds
CCl1nty hi?rrr:!ess for any and all possible dar.;age to the irrigation system 1r1 the
event owner fails to relocate the irrigation system prior to construction of the
project
If Owner elects to retain improvements and/or landscaping ("Improvements")
located on the Property, the Owner is responsible for their retrieval prior to the
construction of the project without any further notification from Purchaser.
Owner acknowledges that Purchaser has compensated Owner for the value of
the Improvements and yet Purchaser is willing to permit Owner to salvage the
Improvements as long as their retrieval is performed before construction and
without interruption or inconvenience to the County's contractor. All
Improvements not removed from the Property prior to construction of the
project commences shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance
of title.
6. Owner and Purchaser agree to do all things which may be required to give
effect to this Agreement immediately as such requirement is made known to
them or they are requested to do so, whichever is the earlier.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the
Property, to enter into and to execute this Agreement, to execute, deljver
and perform its obligations under this Agreement and the instruments
executed in connection herewith, to undertake all actions and to perform
all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
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5/10/2011 Item 16.A.8.
Page 3
(b) 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 Owner to be performed pursuant to the
provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
(d) Until the date fixed for ClOSing. so long as this Agreement remains in
force and effect, Owner 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, 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.
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing Dr pending or threatened which
affect the Property or which adversely affect Owner'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
(9) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner wil! not cause the 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, Owner agrees not to enter into
any contracts c;- awee:ner,ts pertaining to or affecti:.g the Property and
not to do any act or omit to pertorm any act which would adversely affect
the physical condition of the Property or its intended use by Purchaser
(hi The Property and all uses of the Property have been and presently are in
compliance with all Federal, State and Local environmental laws; that no
hazardous substances have been generated, stored, treated or
transferred on the Property except as specifically disclosed to the
Purchaser; that the Owner has no knowledge of any spill or
environmental law violation on any property contiguous to or in the vicinity
of the Property to be sold to the Purchaser. that the Owner has not
received notice and othervvise has no knowledge of a) any spill on the
Propeoty, b) any existing or threatened environmental lien against the
Property or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances
on the Property. This provision shall survive ClOSing and is not deemed
satisfied by conveyance of title
8 Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and reimburse the Purchaser with respect to, any and all damages.
claims, liabilities, lal,,",s, cosb anci expenses \lnciuding wrrhouI iimitatJon
reasonable paralegal and attorney fees and expenses whether in court, out of
court, In bankruptcy or administrative proceedings or on appeal), penalties or
fines incurred by or asserted against the Purchaser by reason or ansing out of
the breach of any of Owner's representations under paragraph 7(h) This
provision shall survive Closing and is not deemed satisfied by conveyance of
title
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5/10/2011 Item 16.A.8.
Page 4
g. Purchaser shall pay all fees to record any curative instruments required to clear
title, and all Warranty Deed recording fees. In addition, Purchaser may elect to
pay reasonable processing fees required by mortgagees in connection with the
execution and delivery of a Release or Subordination of any mortgage. lien or
other encumbrance recorded against the Property; provided, however, that any
apportionment and distribution of the full compensation amount in Paragraph 2
which may be required by any mortgagee. lien~holder or other encumbrance~
holder for the protection of its security interest, or as consideration due to any
diminution in the value of its property right, shall be the responsibility of the
Owner, and shall be deducted on the ClOSing Statement from the
compensation payable to the Owner per Paragraph 2.
10. In accordance with the provisions of Section 20101, Florida Statutes.
concerning payment of documentary stamp taxes by Purchaser, Owner shall
further pay all documentary stamp taxes required on the instrument(s) of
transfer, unless the Property is acquired under threat of condemnation.
Furthermore, there shall be deducted from the proceeds of sale all prior year
ad valorem taxes and assessments levied against the parent tract property
which remain unpaid as of the date of Closing.
11. All ad valorem real estate taxes due on the Property during Owner's term of
possession, and all maintenance charges and assessments due from Owner,
for which a bill is rendered prior to closing, will be charged against Owner on
the closing statement. Real Property taxes shall be prorated based on the
current yea(s tax and paid by Owner. If ClOSing occurs at a date when the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
12. 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 trustees, and/or
assignees, whenever the context so requires Of admits.
13. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner shall make a written public disclosure, according to Chapter 286, Florida
Statutes, under oath, subject to the penalties prescribed for perjury, of the
name and address of every person having a beneficial interest in the Property
before the Property held in such capacity is conveyed to Purchaser, its
successors and assigns. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517,
FlOrida Statutes, whose stock is for sale to the general public, It is hereby
exempt from the prOVisions of Chapter 286, Florida Statutes.)
14. Conveyance of the Property by Owner is contingent upon no other provisions.
conditions, or premises other than those so stated herein; and this written
Agreement, including all exhibits attached 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. No modIfication, amendment or
consensual cancellation of thiS Agreement shall be of any force or effect unless
made in writing and executed and dated by both Owner and Purchaser.
15. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity.
16. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
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5/10/2011 Item 16.A.8.
Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO PURCHASER
DATED
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Deputy Clerk
BY:
FRED W COYLE, CHAIRMAN
AS TO OWNER
DATED
\,!.J..J.l ,i)o.JJ)
Witness (Signature)
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Name (Piint.or Type)
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Itness (Signature) ...
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JOSE I. SANTACRUZ ~
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Name (Print or Type)
Approved as to form and
legal sufficiency:
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5?(v';J;F~,/< f? l.t)/~ 1/-[.
Assistant County Attorney
Last Revised: 02/19/2009
Packet Page ~S59~
PROJECT NO. 60044
PROJECT PARCEL NO. 227 FEE
FEE SIMPLE INTEREST
- 5/10/2011 Item 16.A.8.
EXHIBIT ',,'i
Page-Lof--L-
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE SOUTH 100 FEET OF TRACT 122, GOLDEN GATE ESTATES
UNIT NO. 65-A AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
CONTAINING 0.613 ACRES, MORE OR LESS
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100F:::ETDRAINAGc EASEME'NT .:
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TRACT 122 UNlmJ
WEST PROPERTY LINE
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PROPOSED ADDiTIONAL RIGr<--;.OF.WAY (100 FEET)I
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EXISTING OiL WELL ROA;:;' RIGHT.OF-'iiAY LINE 8. PROPERTY LINE J
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NOTTO SCALE
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CANAL
E~,ST f'",OPERTY LINE
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Co:ller County Transportation Engllleenng & CnnSlrllctlor. Managemem[ Packet Page -560-
5/10/2011 Item 16.A.8.
PROJECT:
PARCEL No.:
FOLIO No.:
Oil Well Road - Phase II
227FEE
40011240000
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred. to as the "Agreement") is
made and entered into on this 144/A.. day of 5'~ mDf ,- ,20..i.l.!...-, by and
between RITA MARIA SANTACRUZ, a single wom . whose mailing address IS 7808
Outerbridge Street, Wesley Chapel, Florida 33545-4185, (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 requires a fee estate In that land described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement, and
WHEREAS, Owner deSires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which IS hereby mutually acknowledged, It is agreed by and between the parties as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below. and all Exhibits
referenced herein are made a part of this Agreement.
2. The purchase price (the "Purchase Pnce") for the Property shall be $19,810.00
(U.S. Currency) payable at time of closing, subject to the apportionment and
distribution of proceeds pursuant to Paragraph 9 of this Agreement (said
transaction hereinafter referred to as the "Closing"). Said payment, payable by
County Warrant, shall be full compensation for the Property conveyed,
including all landscaping, trees, shrubs, improvements, and fixtures located
thereon, and shall be In full and final settlement of any damages resulting to
Owner's remaining lands, costs to cure, including but not limited to the cost to
relocate the existing irrigation system and other improvements, and the cost to
cut and cap irrigation lines extending into the Property, and to remove all
sprinkler valves and related electrical wiring, and all other damages in
connection with conveyance of said Property to Purchaser. Purchaser shall
also pay the aggregate amount of $10,500 dollars (U.S. Currency) to the Bella
Y. Patel Trust Account as payment in full of all attorneys' fees, expert witness
fees and costs as provided for In Chapter 73, Florida Statutes.
3 Own;;:;, shall cOilvey a Illarkelabie title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
the applicable title standards adopted by the Flonda Bar and in accordance
with Jaw. Owner shall obtain from the holders of any liens, exceptions and/or
qualifications encumbenng the Property, the execution of such instruments
which will remove or release such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. At or prior to Closing,
Owner shall provide Purchaser with a copy of any existing prior title insurance
policies. Owner shall provide such instruments properly executed, to
Purchaser on or before the date of Closing, Owner shall cause to be delivered
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5/10/2011 Item 16.A.8.
Page 2
to Purchaser the items specified herein and the following documents and
instruments duly executed and acknowledged, in recordable form (hereinafter
referred to as "ClOSing Documents"):
<a) General Warranty Deed;
(b) Closing Statement;
(c) Grantor's Non~Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W~9 Form; and
(e) Such evidence of authority and capacity of Owner and its representatives
to execute and deliver this agreement and all other documents required
to consummate this transaction. as reasonably determined by Purchaser,
Purchaser's counsel andlor title company.
4 Both Owner and Purchaser agree that time is of the essence. Therefore,
Closing shall occur within ninety (90) days from the date of execution of this
Agreement by the Purchaser: 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 Property. At Closing, payment shall be made 10 Owner in that amount
shown on the Closing Statement as "Net Cash to Seller." and Owner shall
deliver the Closing Documents to Purchaser in a form acceptable to Purchaser.
Purchaser shall be entitled to full possession of the Property at Closing.
5. Owner agrees to relocate any existing irrigation system located on the Property
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser.
Owner assumes full responsibility for the relocation of the irrigation system on
the remainder property and its performance after relocation. Owner holds
County harmless for any and all possible damage to the irrigation system in the
event owner fails to relocate the irrigation system prior to construction of the
project.
If Owner elects to retain improvements andlor landscaping ("Improvements")
located on the Property, the Owner is responsible for their retrieval prior to the
construction of the project without any further notification from Purchaser.
Owner acknowledges that Purchaser has compensated Owner for the value of
the Improvements and yet Purchaser is willing to permit Owner to salvage the
Improvements as long as their retrieval is performed before construction and
without Interruption or inconvenience to the County's contractor. All
Improvements not removed from the Property prior to construction of the
project commences shall be deemed abandoned by Owner.
This prOVision shall survive Closing and is not deemed satisfied by conveyance
of title.
6. Owner and Purchaser agree to do all things which may be required to give
effect to this Agreement immediately as such requirement is made known to
thelT'! or they are requested to do so: whichever is the earlter.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the
Property, to enter into and to execute this Agreement, to execute, deliver
and perform its obligations under this Agreement and the instru ments
executed in connection herewith, to undertake all actions and to perform
all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
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5/10/2011 Item 16.A.8.
Page 3
(b) 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 Owner to be performed pursuant to the
provisions of th is Agreement
(c) No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
(d) Until the date fixed for ClOSing, so long as thiS Agreement remains in
force and effect, Owner 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, 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.
(e) There are no maintenance, construction, advertising, management,
leaSing, employment, service or other contracts affecting the Property.
(I) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Property or which adversely affect Owner'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
(g) Purchaser IS entering Into thiS Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the 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, Owner agrees not to enter into
any contracts or agreemerlts pertaining to or affecting the Property and
not to do any act or omit to perform any act which would adversely affect
the physical condition of the Property or Its intended use by Purchaser.
(h) The Property and all uses of the Property have been and presently are In
compliance with all Federal. State and Local envrronmentallaws; that no
hazardous substances have been generated. stored, treated or
transferred on the Property except as specifically disclosed to the
Purchaser; that the Owner has no knowledge of any spill or
environmental law violation on any property contiguous to or in the vicinity
of the Property to be sold to the Purchaser, that the Owner has not
received notice and otherwise has no knowledge of a) any spill on the
Property, b) any existing or threatened environmental hen against the
Property or c) any lawsuit, proceeding or investigation regarding the
generation, storage, treatment, spill or transfer of hazardous substances
on the Property. This provision shall survive Closing and is not deemed
satisfied by conveyance of title.
8. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and re:mburse ~he P:..:rchaser with resped to, any and all damages,
claims, liabilities laws costs and expenses (including without limjtation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or
fines incurred by or asserted against the Purchaser by reason or arising out of
the breach of any of Owner's representations under paragraph 7(h). This
provision shall survIve ClOSing and is not deemed satisfied by conveyance of
title.
Packet Page ~563~
5/10/2011 Item 16.A.8.
Page 4
9. Purchaser shall pay all fees to record any curative instruments required to clear
title, and all Warranty Deed recording fees, In addition, Purchaser may elect to
pay reasonable processing fees required by mortgagees in connection with the
execution and delivery of a Release or Subordination of any mortgage, lien or
other encumbrance recorded against the Property; provided, however, that any
apportionment and distribution of the full compensation amount in Paragraph 2
which may be required by any mortgagee, lien~holder or other encumbrance~
holder for the protection of its security interest, or as consideration due to any
diminution in the value of its property right, shall be the responsibility of the
Owner. and shall be deducted on the Closing Statement from the
compensation payable to the Owner per Paragraph 2.
10. In accordance with the provisions of Section 201.01, Florida Statutes,
concerning payment of documentary stamp taxes by Purchaser, Owner shall
further pay all documentary stamp taxes required on the instrument(s) of
transfer, unless the Property is acquired under threat of condemnation.
Furthermore, there shall be deducted from the proceeds of sale all prior year
ad valorem taxes and assessments levied against the parent tract property
which remain unpaid as of the date of Closing.
11. All ad valorem real estate taxes due on the Property during Owner's term of
possession, and all maintenance charges and assessments due from Owner,
for which a bill is rendered prior to closing, will be charged against Owner on
the closing statement. Real Property taxes shall be prorated based on the
current year's tax and paid by Owner. If Closing occurs at a date when the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
12. 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 trustees, and/or
assignees, whenever the context so requires or admits.
13. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner shall make a written public disclosure. according to Chapter 286, Florida
Statutes, under oath, subject to the penalties prescribed for perjury, of the
name and address of every person having a beneficial interest in the Property
before the Property held in such capacity is conveyed to Purchaser. its
successors and assigns. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517.
Florida Statutes, whose stock is for sale to the general public, it is hereby
exempt from the prOVisions of Chapter 286, Flonda Statutes.)
14. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and this written
Agreement, including all exhibits attached 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. No modification, amendment or
consensual cancellation of this Agreement shall be of any force or effect unless
made in writing and execu~ed and dated by both Owner and Purchaser.
15. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement. and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity.
16. This Agreement is governed and construed in accordance With the laws of the
State of Florida
Packet Page ~564~
5/10/2011 Item 16.A.8.
Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO PURCHASER
DATED Cl//1-/?o{:
I I
ATTEST:
DWIGHT E. BROCK,' Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By1-'L<'! kl
FRED W COYLE, CHAIR
AS TO OWNER
/.( I
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C'G -A:::.)QI0
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DATED:
( ., 6
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Witnrss (Signature)
J. ~. ,~, r.:; .
(J~( I, . ,~~ 'f "~V ';I:
Name (Print or Typef
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Witness (Signature)
,7l;z t c.j bf,1 if:
Name (Print or Type)
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Approved as to form and
legal sufficiency:
~-f)~~
"'i.-0rv IPt. ~ .3. ~ \\E-
ASSistant County Attorney
Last ReVised: 02/19/2009
Packet Page ~565~
PROJECT NO. 60044
PROJECT PARCEL NO. 227 FEE
FEE SIMPLE INTEREST
5/10/2011 Item 16.A.8.
EXHIBIT ~
Page-L...of-L-
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE SOUTH 100 FEET OF TRACT 122, GOLDEN GATE ESTATES
UNIT NO. 65-A, AS RECORDED IN PLAT BOOK 9, PAGE 46 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
CONTAINING 0613 ACRES, MORE OR LESS
I
,
1DO FEET DRAINAGE EASEMENT .:
I
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_.._,._. _._._.._.._ _.J__
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PROPOSED ADDITIONAL RIGI-'T-OF.WAY (10,:; j;EET11
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TRACT 122
FAV.A
UNION
CANAL I.
I
J_q
EAS~PROPERTYUNE
WEST PROPERTY LINE
EXISTING Oil WELL ROAD RIGHT.OF-WAY LINE & PROPER~Y LINE
100F:ET
N
o
R
T
H
NOT TO SCALE
Packet Page ~566~
Coljler COlmty Transoor1atioo Eogireering & Cons!rudion Managemen
Qsr27,'1l)9:19I\M
... INSTR 4533821 OR 4659 PG 152 RECORDED 3/812011 8: 27 AM PAGES 1 .. 5/10/2011 It 16 A 8
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA em ...
DOC@.70 $0.70 REC $10.00
CONS $0.00
Recording '"'1_ by: (l.it<! SCl/1""'- q""- Spaceobove ~ed fcruse by ReconIer'.Office
When recorded, maillO: Deeumenl ~ by:
Name: -:S-oi:e; I. SCl/JV-Gtu'- Name: K.-\T)4,
Ad<hss: ~R{9~ ();Ae,.-.b~Cl.f!2&sr A_ '1 ~O'?
CitylS.lIe/Zip li)oSf",V ctr4ool, 0-:;D~~-;C;.iJ>7'S. ~p Q'
I ~~_-)r.'I. l~-t.lr, ,'-'_
~~.-: Q~~~I~~~fo
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, :.r ( \J( J '] \ I "J '~_ \/1 i I
This QuItclaim Deed .. made 00 I - p; ElbN0!'1! J:tx }? () '1:1. , . between
!ZIt- ,S t-d L-- ,Granto"of QQD't 00+e~hrictqP:sr
'/1 I "" . '-,
,City of (::" '. ,~Sljie !If' CPi-- ,
and e; ~&~'4: . ,Gtutc:e, of f/Wg wwhridsest
eli/i. . ;/-,~1aIe 'of . PL- .
" C t ~"-__:,/' --,---
For valuable colISideration, the Gnmtor hereby quitclaims and transfers all right, title, and interest beld by 3 79:;-
the Grantor in the following described real estate and improvements to umtee. and his or ber bei", ?\ 0' (
and assigns, to have and hold forever, located at ~rcP I ~ -;;;>. 'r "'( n I I \v-p.11 ~) t;~
,City of Golden (e' I-e. ,SUlto of P L--
Go\02(\ Go.-I-e- E~ 5\ltl-eSR,epla+ b5A Un+GSA- TKIV-
Subject to all easements. rights of way, protective covenants, and mineral reservatiOIlS of record, if any
Taxes for the tax year of 010 II sball be prol1lted between the Gl1Intor and Grantee as of the date of
recording of this deed.
NJCOLIA. SIMMONDS
Notary Pubk Stateof.Aorida
Commission#00903918
My comm. expires June 30. 20\.1
0..:, ,\ NW.,\
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~{YClY' LRG.."i.JIo>'--
*'<<>vA.QAIeIcOm Deed Pg.l (W.(N)
IN'rlrle.ss {f~. ,no ftl-'
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Fe"()w,4"f.'f .:JY. J~'" Ii
Packet Page ~567~
5/10/2011 Item 16.A.8.
EXECUTIVE SUMMARY
Recommendation to approve four Purchase Agreements for the purchase of
right-of-way required for the construction of Oil Well Road. Project No.
60044. (Fiscal Impact: $ 145,100.)
OBJECTIVE: To acquire four parcels of land necessary for construction of improvements to
Oil Well Road.
CONSIDERATIONS: In June 2007, when negotiations for the purchase of right-of-
way for the Oil Well Road expansion project first began (prior to the collapse of the real estate
market), \^.Titten purchase offers were tendered to the owners of the subject properties in the
combined amount of $289,700. These particular owners, like many others on the Oil Well Road
project, had already retained counsel to represent them against the County. Upon receipt of the
County's purchase offer, the owners' attorney hired a real estate appraiser as an expert witness,
who then hired a land planner as a sub-consultant on the issue of highest and best use. Together,
these experts opined that the land was worth far more than we had offered and that our taking
would also cause a severance damage to the remaining property. Staff did not agree and
negotiations came to a stalemate.
A year and a half later, in Dccember 2008, the decision was made to construct only the westem-
most and eastern-most segments of Oil Road at the present time, and to put the middle segment
on hold for the time-being. As a result of that decision, the offers to these four property owners
were rescinded, as they were locatcd in the middle segment of the Oil Well Road project, and the
prospects for negotiating a settlement were not appcaling.
This past April, however. after construction had begun on the roadway expansion, it was
discovered that an outfall drain pipe had to be installed well beyond the "official" project limits
for the Eastern-most segment of the Oil Well Road project, under these four properties, all the
way to the Faka Union Canal. In fact, the contractor had already cleared the south 100 feet of
each of these lots and installed the pipc in the ground before this fact was discovered.
Subsequent to this discovery, the owners' attorncy was contacted and the purchase of each of the
lots was negotiated with the purchase price being equal to the Propeliy Appraiscr's then~current
assessed value. (A downward adjustment to the price for Parccl No. 227 was made due to the
fact that much of the parcel was encumbered with the drainage easement within which the Faka
Union Canal is located.) Included with each Purchase Agreement is a payment for attorney fees
and expert witness costs which is provided for in Section 73.015. Florida Statutes.
Invoices for attorney fees and expert witness costs for Parcels 221, 224, 225 and 227 were
presented to the County in the aggregate amount of $68,986.15 and were subsequently
negotiated down to $10,500 per parcel for a combined total of $42,000.
Packet Page ~568-
5/10/2011 Item 16.A.8.
FISCAL IMPACT: The total sum of $145,100 will be paid out of gas tax revenues and
includes the combine purchase price of $102,400, attomey fees and expert witness costs of
$42,000 and $700 in title insurance premiums and recording fees.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient for Board action - RNZ
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners of Collier County,
Florida:
]. Approve all four of the attached Purchase Agreements and authorize its Chairman to execute
same on behalf of the Board;
2. Accept the conveyance of Parcel Nos. 22 I. 224, 225 and 227, and authorize the County
Manager or his designee to record samc in the public records of Collier County. Florida;
3. Authorize the payment of all costs and expenses necessary to close each transaction;
4. Authorize the County Manager or his designee to take the necessary measures to ensure the
County's performance in accordance with the terms and conditions of the Agreements: and
5. Approve any and all budget amendments which mal be required to carry out thc collective
will of the Board.
Prepared by: Kevin Hendricks, Right~of-Way Acquisition Manager. TECM
Attachments: (I) Purchase Agreeme11l- Menendez~Femandez: (2) Purchase Agreement-
Fortes (3) Purchase Agreement - Fiallo (4) Purchase Agreement - Santa Cruz
Packet Page ~569~