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Parcels 148A and 148C, 148B PROJECT: 65061 PARCEL: 148A and C FOLIO: 51977997004 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this day of , 2005, by and between KENCO DEVELOPMENT, INC., a Florida corporation, whose mailing address is Naples, Florida 34120-4430 (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 "County"). WHEREAS, in accordance with Section 4.5 E., County Ordinance No. 2001-53, which repealed and superseded Ordinance No. 99-71, also known as the Indigo Lakes PUD, Owner was required to dedicate up to sixty (60) feet of right-of-way ("R/W Commitment") to Collier County for the expansion of Collier Boulevard (CR 951) and in exchange for impact fee credits, a portion of which is legally described in Exhibit "A" (attached hereto and made a part hereof by reference), also known as Collier Boulevard Parcel Nos. 148A and C (hereinafter "the Property"); and WHEREAS, this right-of-way has never been conveyed or dedicated to the County by Owner, but, rather, a portion platted as Tract A (now known as Parcel 148B) was conveyed to the Indigo Lakes Master Association ("Association") in 2005; and WHEREAS, Owner commenced efforts regarding the Developer Contribution Agreement in 2001, and submitted its opinion of value of the R/W Commitment in 2003; and WHEREAS, a Developer's Contribution Agreement between Owner and the County was never finalized due to a dispute between the parties; and WHEREAS, Owner has completed its development and can no longer utilize the impact fee credits to be exchanged and desires to accept the fiscal equivalent of impact fee credits, which equivalent is represented by the "Purchase Price" below; and WHEREAS, the Board of County Commissioners of Collier County has found that the purchase of the Property meets the intent and purpose of s. 4.5(E) of Ordinance 01- 53, the Collier County Consolidated Impact Fee Ordinance and s. 2.03.06(K) (formerly s. 2.2.20.3.7) of the Collier County Land Development Code; and WHEREAS, the Association has agreed to convey title to Parcel 148B to the County in exchange for monetary consideration, and Owner has agreed to waive any claim it may have arising out of the right-of-way dedication of Parcel 148B; WHEREAS, Owner desires to convey the Property right-of-way to County under the following terms and condition . 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. Owner shall convey marketable title to the Property to Purchaser for the sum of: Parcel 148A Parcel 148C TOTAL: $ 1 ,400.00 $ 18,900.00 $ 20,300.00 (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including attorneys' fees, appraisal fees and all costs as may be provided in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 4. Closing shall occur within thirty (30) days from the date County executes this Agreement; provided, however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 5. Owner represents that, during its ownership of Parcels 148A and C, all uses of these Parcels have been and presently are in compliance with all Federal, State and Local environmental laws; that, during its period of ownership of Parcel 148A and C, no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no actual knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Parcels to be conveyed to the County, that the Owner has not received notice and otherwise has no actual knowledge of a) any spill on the Parcels, b) any existing or threatened environmental lien against the Parcels or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Parcels. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation 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 County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing for a period of one year and is not deemed satisfied by conveyance of title. 7. County shall pay all fees to record the deeds any curative instruments required to clear title and recording fees. All costs and/or fees associated with securing and recording any curative instruments required to clear title and the Release or Subordination of any mortgage, lien or other encumbrance, including any compensation required to be paid in order to secure a release, shall be the sole responsibility of the Owner. The parties acknowledge that this Property is being acquired under threat of condemnation and therefore no documentary stamp taxes will be imposed. 8. 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. 9. Owner will release and hold the County harmless from all damages, claims, expenses, costs, actions and liabilities arising out of or related in any way to the right-of-way dedication contained County Ordinance 2001-53, and its predecessor ordinance, its implementation by the County, and the acquisition of Parcels 148A, Band C by the County. This release shall survive Closing. Purchase Agreement Page 2 W..',_.,___ 10. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; 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. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. 12. The Parties acknowledge and agree that the Closing of each Parcel satisfies the requirements of Ordinance 01-53, and local law, and that upon said Closing, Owner agrees to release the County from any claims it may have which relate to or arise from this Right-of-Way Commitment and the application of Ordinance 01-53, the Collier County Consolidated Impact Fee Ordinance and the Land Development Code to Owner and the Property. This provision will apply notwithstanding Owner is able to convey only Parcels 148A and C, but in that event, the release will be limited to any claims pertaining to those portions of the R/W Commitment designated as Parcels 148A and 148C. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 2005. Acquisition and acceptance of the right-of-way is authorized by Ordinance No. 01-53, superseding Ord. No. 99-71, and Resolution No. 2004-209. ~ AS TO COUNTY: DATE~.~:L Bf) ~- ,-' ,;'/ I . I.~~ ATTEST:' ,,>~~ ,:', . ." ' -, D\t\':1GHT ç. BROÇK~ Clerk '-,-I IX A~t~t. dsDfcF Wa~" signature onl' AS TO OWNER: DATED: Witness (Signature) D,M. M: Il.e.r (Print Name) Approved as to form and legal sufficiency: It~ ~ {j~(M~ Ellen T. Chadwell Assistant County Attorney Purchase Agreement ~ . -~,_._,,~-".~.- BOARD OF COUNTY COMMISSIONERS :~LlIE~Y~LO~ Fred W. Coyle, Chairman '- KENCO DEVELOPMENT, INC., a Florida Corporation . p BY: ~ (Signature) Name: ::: IJ' .- \. A (/ ,/) (Print 9f type) j VIC€- V('.e5.&t~ ' Title:_$A.vvt>~ A-s~ ~-'- ~j1L- (Print Title) {)' 'f\ \!J.. '^~l ì;-- r <'-,,+ 11-£C Page 3 <t: o æ o ..Jo l.L.(J) .lO çl zOJ ::::>~ o 0(1) w ffi~ ::¡ D.. . ..J o· 0~ l.L.~ o 0::':: 0::0 «0 OCD CD. 0:: ..J . 00 0' X o (I) EXHIBIT ..1L PaøeLof_2 EXISTING WEST ROW LINE V .' . --r 20' L.B.E. -1 :;0 » o -1 o INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 _ _ _ _ C' U.E. ---..-...--........-....----- ....--..- PARCEL 148A --- m o 'OJ ~.- :;E w ...: C) z« <t:D.. :?- . 6iN XN <C::: J: C)~ .0 0::0 CD ::¡ . «0::: o -.J a=: o ~ ~ o o ...-I -- ...-I I.{j (1:) . ~ u .......... ...-I I.{j (1:) 0 ~ 0 ~ >-- ~ Z ~ 0 u I i 0-11 TRAcT 'ROJECT NO,: 65061 PARCEL NO, : 148A Wil_nMllleï-··W-" Plann/KS Eno/neo/'6 EccJogls/9' SUfYoyru-s' l,nnd6~'¡¡po Architocls 'Frnns¡.IOJ1atfon consulta19 W~ooM~~m~ , Na¡i1Jf F(¡(I M¡'IH1I' SOIiS(1/¡.8Iadrmron XIrr¥J'I 32f!1J&JØuyLa~~ Sur1um Nlipios.FÞ.xk!oiJ4fOb'-8,.1.,()7·/'I'oIiIU 239·8494(>10 Fux 23H~3.5/16 ~$IIo *~\r.wHs('I'U/1Jl'tUU7J Aor 24. 2004 - 1.3:06:44 MLAMURE/X:\SUR\N6015\951sdI00.dwg I I 1 a=: o ~ ....:¡ ~ Z ~ u CLIENT: TITLE: DATE: 02/2005 lOC LINE TABLE ...-I I.{j 0') LINE LENGTH 41 15.01 U 1.01 BEARING ~ NOTES: ¡ ~ . U 1. This is not a survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Su8ject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O,R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. DESCRIPTION: Tract" 0-1" I Indigo Lakes Unit One, os recorded in Plot Book .34. Pages 74-84 of the Public Records of Collier County, Florida Containing 900.74 sq. feet or 0.0207 acres, more or less. FEE SIMPlE INTEREST Lfj~/1rr/ :1 }¡~~r'~ DAVID J. HYATTI.~'Þ.S.M. OR THE FIRM) FLORIDA LlC. NO. 5834 ,;2. -;( i - ()5 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH & DESCRIPTION PROJECT NO,: N6015-005-000 SHEET NUMSEJ¡: 48A OF XXX FILE NO,: 2L -812 <I: o èE o ...Jo IJ..01 .l() ~I z~ ::Jl() o UCf) W O::ü W<I: :J Q. ...J . 001 Ü,...... u..~ o aô CY.o (§CD CD. D:: ...J . 00 O' :r: U Cf) PARCEL. 148C EXHIBIT .k- Pege~ of :1 INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 _ _ _I'D' U.E. Tract "A" INDIGO LAKES DRIVE ---- f- L1 I I ~ r7 0 0:: ~ a: 0 I 0 0 0:: .-t I .....:I ...- < .-t ~ L{) 0) U ~ .-t L{) U 0) -- .-t 0:: L{) . 0) U 0 < 0 0:: ~ ~ Z ;:J 0 U TRACT D-1 EXISTING WEST ROW LINE / Y ROJECT NO.: 65061 PARCEL NO. : 148C Wil_nMille¡-"'W-' Plann(J(S I:nOlnael'6 ErxJlOlJlst~ SUlYO)fCIfS' l.andsc.npo Arch/lacts 1<"ans{JOItaUon Consultants WilsonMilJer, 1m:. NiJ[.I(IJ Fcrt M¡'(iIS' SrJI1J$O{~ ,S,adt.rx(Y> "Fomp;¡ 3200 B~nll)' tWIG, Su,¥u m Nlf/if/$. F/aiðr¡ 341V5-8!i07 . f'ho¡l/ 239-M9-4c.¡O Fa~ 239-6<13.51/6 WWSI/o ~'I!W.~gM1I111;'IY.wm J ler 24, 2004 - 13:06:44 MLAMURE/X:\SUR\N6015\951sd100.dwg =r 10' L.B.E. 01 (.) '01 ~.... :::;: w --~ ~CL ~ . <I:(', O:::('.J I<:t <1:.... I ü~ .0 0::0 CD :J. «0::: o CLIENT: T'TLE: DATE: "- IOC ,~ o 25 + N .~~ 50 100 . 200 GRAPHIC SCALE: CURVE LENGTH RADIUS . CI 40.03 38.00 CURVE TABLE DELTA LINE TABLE" LINE LENGTH BEARING LI ~J.4e NOTES: 1. This is not 0 survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florido State Plane Coordinates NAD 83/90, East Zone. .3. Subject to easements, reservations and restrictiöns or record, 4, Easements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.Q,B. represents Point of Beginninç]. 7. P.O.C. represents Point of Commencement. 8. O,R. represents Official Records. 9. L.B.E. represents Landscape Buffer Eosement. 10. U.E. represents Utility Easement. DESCRIPTION: Tract "DOl, Indigo Lokes Unit One, os recorded in Plot Book 34, Pages 74-84 of the Public Records of Collier County, Florida Containing 12269.00 sq. feet or 0.2817 acres, more or less. FEE SIMPlE INTEREST THE FIRM) ;Z-;).Lj-05 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATuRE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY D£PARTM£N OF TRANSPORTATION SKETCH & DESCRIPTION 02/200 PROJECT NO.: SHEET NUMBER: Nô01S-00S- O()l.8COF XX Agenda Item No. 16B5 September 27,2005 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve the purchase of Parcel Nos. 148A and 148C required for the construction of the six-Ianing of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $20,300.00. OBJECTIVE: To approve a Purchase Agreement for the acquisition of right-of-way required for the construction of the six-laning improvements to Collier Boulevard. CONSIDERATIONS: The subject property is located west of Collier Boulevard (CR 951) at the Indigo Lakes Drive intersection. Portions of the property, Parcels l48A and 148C (0.3024 acres right-of-way, fee simple purchase) are necessary to construct the roadway, drainage and utility facilities for the six-lane improvements to Collier Boulevard scheduled to commence in the fall of 2005 (see Exhibit "A" attached hereto). These parcels were set aside for future right- of-way pursuant to a PUD commitment by the developer, Kenco Development, Inc. In accordance with Section 4.5 E, Collier County Ordinance No. 01-53, known as the Indigo Lakes PUD, these 60 feet of right of way was to be dedicated to the County in exchange for impact fee credits. Although set aside, these parcels were never dedicated or conveyed to the County. Efforts were undertaken in 2003 to finalize this commitment through a developer's contribution agreement, but due to a dispute over the value of these parcels, the agreement was never completed. The development has now been completed and the Developer can no longer utilize impact fee credits, but wishes to sell these parcels for the fiscal equivalent of these impact fee credits. In an effort to resolve this matter without further delay and in recognition of the facts specific to this matter, the parties have agreed to a purchase price of $20,300, which is equivalent to the fair market value of this land as of 2001. Staff believes that the exchange of these parcels for cash instead of impact fee credits in this situation will serve the purpose and intent of Ordinance 01-53 and the Consolidated Impact Fee Ordinance. FISCAL IMP ACT: Total expenses will not exceed $20,390.00 including the purchase price for the land, title insurance, closing services and recording fees. Source of funds are impact fees and gasoline taxes. GROWTH MANAGEMENT IMPACT: As the Collier Boulevard six-laning project is a part of the Transportation Element of the County's Comprehensive Plan, this recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Find that the payment of cash in lieu of impact fee credits is the fiscal equivalent of s. 4.5E, Collier County Ordinance 01-53, and meets the intents and purposes of that section of the PUD ordinance, the Collier County Consolidated Impact Fee Ordinance and s. 2.03.06(K) of the Collier County Land Development Code; Agenda Item No, 16B5 September 27, 2005 Page 2 of 9 2. Approve the Purchase Agreement for Collier Boulevard Project Parcel Nos. 148A and 148C, in the amount of $20,300.00 and authorize its Chairman to execute same on behalf of the Board; 3. Authorize payment to the Owner in the amount as shall be specified on a Closing Statement; 4. Accept delivery of the Warranty Deed for the property as provided under the Purchase Agreement; 5. Authorize staff to close the real estate transaction, and to record said deed in the public records of Collier County, Florida; and 6. Authorize any and all budget amendments, which may be required to carry out the collective will of the Board. Prepared by: Margaret Kreynus, Transportation Engineering & Construction Management - Right-of-Way Attachment: Purchase Agreement Item Number: Item Summary: Meeting Date: Agenda Item No. 1685 September 27,2005 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B5 Recommendation to approve the purchase of Parcel Nos. 148A and 148C required for the construction of the six-Ianing of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No 37). Fiscallrnpact: $20,300.00 9/27/20059:0000 AM Prepared By Margaret Kreynus Transportation Services Property Acquisìtìon Specialist Date TECM-ROW 9/6/20051:33:47 PM Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 9/6/20053:15 PM Approved By Gary Putaansuu Transportation Services Senior Project Manager Date Transportation Engineering and Construction 9/6/20053:55 PM Approved By Sharon Newman Transportation Services Accounting Supervisor Date Transportation Administration 9/9/2005 5:31 PM Approved By Ellen T. Chadwell County Attorney Assistant County Attorney Date County Attorney Office 9/12/200512:52 PM Approved By Kevin Hendricks Transportation Services Right Of Way Acquisition Manager Transportation Engineering and Construction Date 9/12/200512:57 PM Approved By Lisa Taylor Transportation Services ManagemenUBudget Analyst Date Transportation Administration 9/12/20052:54 PM Approved By Jay Ahmad Transportation Services Director Date Transportation Engineering & Construction Management 9/12/20054:47 PM Approved By Pat Lehnhard Transportation Services Executive Secretary Date Transportation Services Admin 9/13/2005 12:07 PM Approved By OMB Coordinator Administrative Assistant Date Agenda Item No. 1685 September 27, 2005 Page 4 of 9 County Manager's Office Office of Management & Budget 9/13/20052:55 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/16/20058:32 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/17/20052:16 PM PROJECT: 65061 PARCEL: 148A and C FOLIO: 51977997004 Agenda Item No. 1685 September 27, 2005 Page 5 of 9 AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this _ day of , 2005, by and between KENCO DEVELOPMENT, INC., a Florida corporation, whose mailing address is Naples, Florida 34120-4430 (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 "County"). WHEREAS, in accordance with Section 4.5 E., County Ordinance No. 2001-53, which repealed and superseded Ordinance No. 99-71, also known as the Indigo Lakes PUD, Owner was required to dedicate up to sixty (60) feet of right-of-way ("R/W Commitment") to Collier County for the expansion of Collier Boulevard (CR 951) and in exchange for impact fee credits, a portion of which is legally described in Exhibit "A" (attached hereto and made a part hereof by reference), also known as Collier Boulevard Parcel Nos. 148A and C (hereinafter "the Property"); and WHEREAS, this right-of-way has never been conveyed or dedicated to the County by Owner, but, rather, a portion platted as Tract A (now known as Parcel 1488) was conveyed to the Indigo Lakes Master Association ("Association") in 2005; and WHEREAS, Owner commenced efforts regarding the Developer Contribution Agreement in 2001, and submitted its opinion of value of the R/W Commitment in 2003; and WHEREAS, a Developer's Contribution Agreement between Owner and the County was never finalized due to a dispute between the parties; and WHEREAS, Owner has completed its development and can no longer utilize the impact fee credits to be exchanged and desires to accept the fiscal equivalent of impact fee credits, which equivalent is represented by the "Purchase Price" below; and WHEREAS, the Board of County Commissioners of Collier County has found that the purchase of the Property meets the intent and purpose of s. 4.5(E) of Ordinance 01- 53, the Collier County Consolidated Impact Fee Ordinance and s. 2.03.06(K) (formerly s. 2.2.20.3.7) of the Collier County Land Development Code; and WHEREAS, the Association has agreed to convey title to Parcel 148B to the County in exchange for monetary consideration, and Owner has agreed to waive any claim it may have arising out of the right-of-way dedication of Parcel 1488; WHEREAS, Owner desires to convey the Property right-of-way to County under the following terms and condition. 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. Owner shall convey marketable title to the Property to Purchaser for the sum of: Parcel 148A Parcel 148C TOTAL: $ 1,400.00 $ 18.900.00 $ 20,300.00 Agenda Item No. 1685 . f d th "CI . II) S 'd SeQ!e.mbe¡27,2005 (said transaction heremafter re erre to as e osmg. al paymentP\!oge 6 of 9 Owner, payable by County Warrant, shall be full compensation for the P~operty conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including attorneys' fees, appraisal fees and all costs as may be provided in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 4. Closing shall occur within thirty (30) days from the date County executes this Agreement; provided, however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 5. Owner represents that, during its ownership of Parcels 148A and C, all uses of these Parcels have been and presently are in compliance with all Federal, State and Local environmental laws; that, during its period of ownership of Parcel 148A and C, no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no actual knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Parcels to be conveyed to the County, that the Owner has not received notice and otherwise has no actual knowledge of a) any spill on the Parcels, b) any existing or threatened environmental lien against the Parcels or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Parcels. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation 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 County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing for a period of one year and is not deemed satisfied by conveyance of title. 7. County shall pay all fees to record the deeds any curative instruments required to clear title and recording fees. All costs and/or fees associated with securing and recording any curative instruments required to clear title and the Release or Subordination of any mortgage, lien or other encumbrance, including any compensation required to be paid in order to secure a release, shall be the sole responsibility of the Owner. The parties acknowledge that this Property is being acquired under threat of condemnation and therefore no documentary stamp taxes will be imposed. 8. 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. 9. Owner will release and hold the County harmless from all damages, claims, expenses, costs, actions and liabilities arising out of or related in any way to the right-of-way dedication contained County Ordinance 2001-53, and its predecessor ordinance, its implementation by the County, and the acquisition of Parcels 148A, Band C by the County. This release shall survive Closing. Purchase Agreement Page 2 --_.~.- --- ._~._-- Agenda Item No. 16B5 September 27, 2005 Page 7 of 9 10. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; 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. 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. 12. The Parties acknowledge and agree that the Closing of each Parcel satisfies the requirements of Ordinance 01-53, and local law, and that upon said Closing, Owner agrees to release the County from any claims it may have which relate to or arise from this Right-of-Way Commitment and the application of Ordinance 01-53, the Collier County Consolidated Impact Fee Ordinance and the Land Development Code to Owner and the Property. This provision will apply notwithstanding Owner is able to convey only Parcels 148A and C, but in that event, the release will be limited to any claims pertaining to those portions of the R/W Commitment designated as Parcels 148A and 148C. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of , 2005. Acquisition and acceptance of the right-of-way is authorized by Ordinance No. 01-53, superseding Ord. No. 99-71, and Resolution No. 2004-209. AS TO COUNTY: DATED: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Fred W. Coyle, Chairman ATTEST: DWIGHT E. BROCK, Clerk KENCO DEVELOPMENT, INC., a Florida Corporation Witness (Signature) D.M. /1.-1: ¡j.a,r (Print Name) Approved as to form and legal sufficiency: h-. ~{j,.l(~~ Ellen T. Chadwell Assistant County Attorney Purchase Agreement Page 3 ð ä: o ...Jo 1.J...01 .l(1 ~I Z'" :;}<XI OL(') U!3 eJ~ ;:¡a... 5ai Ur-- I.J...~ o 0::': ~8 OCD CD, 0:: ...J' 00 0' J: U V1 EXHIBIT -A- Peoe..L-of-l- \ \ EXISTING ¡ v~~~ ~ o o ...-I - - ~O' L.B.E.r ........ ...-I to 0) ~ U - -1 ~ o -1 o INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 [U.E PARCEL 148A Tract "A" INDIGO LAKES DRIVE - --- 01 o .'" q~ ::;. UJ -"'(;) î:· J:N :f~ (;)~ a:8 CD ~a: ó \ \ ...-I to 0) ~ -< o ~ i: \ z ::> o u I TRkT D-!1 1 I r7 I ~ ~ I :;ã \ ~ 1.0 0) Ii Ù \ \ 65061 PARCEL NO.: 148A Vlil'_n";lle¡-'~~--~ _. ~ ~I.Þ $....."'".lllfl4_..II<MtCIO·~IJ/1III1C<w1I1U1'1.n!. WUsonMntsr, Ino. . ~ I¥WFofI/n'_'_ ~ Jlœ8lloylø.,IuIo/Ø /II1Itt,Mttlllt06-1f41·/l!ø1~O F"mAAllf IIIP-$Io...._... r 24. 2004 - 1J:08:44 "'LA"'UREIX:\SUR\N8018\g81Id100.dw9 ),jECT NO.: ....J ~gen;lte¡Ð6B5 Sept r. 005 of 9 N I ac 100 GRAPHIC SCALE: ~,. o U I 200 LINE TABLE L'N LENOTH SINO I NOTES: k 1. ThIs Is not a survey. 2.. Basis of bearing is the West line of County Road 951 (C,R. 951) being N 02'15'33" W, FlorIda State Plane Coordinates NAD 8.3/90. East Zone. 3. Su~ject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot. unless otherwise noted. \ 5. ROW represents Right-of-Way. 6. P·,Q.B. represents Point of Beginning. 7. P.O,C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. DESCRIPTION: Tract" D'-1". Indigo Lakes Unit One, os recorded in Plat Book 34. Pages 74-84 of the Public Records of Collier County, Florida Containing 900.74 sq. feet or 0.0207 acres, mare or ·Iess. \ \ FEE SIMPLE INTEREST \ J5~ . DAVID J. HYATT¡{ P.S.M. FLORIDA LlC, NO. 5834 ;z. - ,?..ìf ' 0 5 (DATE SIGN€:D) CUENT: NOT VALID WITHOUT THE SIGNATURE AND mE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR ANO MAPPER. CERTIFICATE OF AUTHORIZATION 1.6 #43 COWER COUNTY DEPARTMENT OF TRANSPORTATION TII1.f: SKETCH 8( DESCRIPTION DATE' 02/2005 PROJECT NO.1 N6015-005-000 FIL.E NO,J 2L -812 'ê~ï . iE o ..Jo .....(]1 .10 ~ð, Z,O::> ~I/') o (.)V1 w e¡~ 30..· o . ü~ .....111 o~ 0:>:: CY.g <§CD CD, 0:: ..J' 00 0' J: (.) V1 , EXHIBlTlL " 2,'01:1 heO- \ I I ~ o ~ "0 o ..-I \ -- ..-I LD 0) ~ u '-'" \ PARCEL. 148C ---- 20' INDIGO LAKES UNIT ONE PLAT BOOK 34. PAGES 76-84 _ _ _ roo UE JEer NO.' 65061 PARCEl HO. , 148C eLlENr: W;ls_nlfille¡-'~'~"-'W r,= _ !'n¡¡meoo ëClOioglob- _,...'l"",,-"_ ~~ WI/sonMl/ler, If(¡, I/IM Fo1I1/V1' _._ ""'" DilTE: PROJECI NO" rø"'In."""1II/ H__~'''''''_ØIO F._4I1I WoWI....._.. 02/200 24. 2004 - 13'06:44 MLAMUREIX:\SUR\N6016\V6hdI00.dwg Tract» A" INDIGO LAKES DRIVE --- C1> o '(11 q~ ::Ew ..:~ z(f, !Ñ ~~ ~:>:: .0 0::0 CD ~¡¿ o ..-I LD 0) o < o ~ ~ :z. ;:J o u RACT 0-1 \ EXISTING , 'WEST ROW LINE / \ I I r7 ~ 1 0 ~ I \ \ :ã ð ..-I \!:I Q) ~ U \ \ Agenda Item No, 1685 sePt!~'Ü7~ + N ~ '" o u 00 100 . GRAPHIC SCALE I 200 CURVE TABLE u V ENOTH o,us 0 LIA T_EN , CHORD CHOR RIHO LINE TABLE' LlH lE TH BEAR'NC . NOTES: 1. This is lIat a survey. 2. Basis of bearillg is the West lille of Coullty Road 951 (C.R. 951) beillg N 02'15'33" W, Fh"rido State Plane Coordinates NAD 83/90, Eost Zone, 3. Subject to eosements, reservations ond restric tions or record. 4. Eosements shown hereon are per plat, unless otherwise noted. \ 5, ROW represenb Right-oF-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. L,B.E. represents Landscape Buffer Easement. 10, U.E. represents utility Easement. DESCRIPTION: Tract "0", Indigo Lakes Unit One, oS recorded in Plot Book ,34, Poges 74-84 of the Public Records of Collier County, Florida Containing 12269.0.0 sq. Feet or 0.2817 ocnts, more or less. \ \ FEE .sIMPlE INTEREST \ DAVID J. HY' T, P. . . (FOR '(HE FIRM) FLORIDA LlC. NO. 5834 ;]",-).1.1-05 (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB 043 COLL/£R COUNTY DEPARTMEN OF TRANSPORTATION SKETCH ck DESCRIPTION -'.-- PROJECT: 65061 PARCEL: 148B FOLIO: 51977996908 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ¡51- day of 5ef~ eV'O\.~~{- , 2005, by and between INDIGO LAKES MASTER ASSOCIATION, INC., a Florida non profit corporation, whose mailing address is 14875 Indigo Lakes Circle, Naples, FL 34119 (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, under the provisions of Collier County Ordinance No. 2001-53, Owner is obligated to dedicate right-of-way for the expansion of Collier Boulevard; and 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. Owner shall convey the Property to Purchaser for the sum of: $ 10,700.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 11 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to the applicable title standards adopted by the Florida Bar and in accordance with law. Prior to the Closing, Owner shall cause to be delivered 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) Warranty Deed; Purchase Agreement Page 2 (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. Prior to Closing, 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. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 5. Both Owner and Purchaser agree that to remain in compliance with the PUD ordinance closing shall be prior to September 27, 2005; 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, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 6. Purchaser shall be entitled to full possession of the Property at Closing. 7. Owner is aware 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. 8. Owner and Purchaser represent and warrant the following: (a) Owner 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. (b) Owner 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. (c) 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. (d) No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. (e) 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. Purchase Agreement Page 3 (f) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. (g) 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. (h) Owner acknowledges and agrees that Purchaser is entering into this Agreement based upon Owner's representations stated above 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 agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the physical condition of the Property or the governmental ordinances or laws governing same. 9. Owner represents that 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 otherwise has no knowledge of a) any spill on the Property, 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. 10. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation 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 Owner's representation under Section 9. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 11. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording 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 for the execution of any release, subordination or satisfaction, 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. 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. 12. 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, Purchase Agreement Page 4 for which a bill is rendered prior to closing, will be charged against Owner on the closing statement. Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2005 taxes, and shall be paid by Owner. 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 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. 13. 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. 14. 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, 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.) 15. 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 or amendment of this Agreement shall be of any force of effect unless made in writing and executed and dated by both Owner and Purchaser. Time is of the essence of this Agreement. 16. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from this Agreement, and the remaining provisions of this Agreement shall continue in full force and effect, and shall not be affected by such invalidity. 17. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 2005. Property acquisition approved by BCC pursuant to Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16B5, Date 10/28/2003 and Condemnation Resolution No. 2004-182, Agenda Item NO.1 OF, Date 5/25/2004 AS TO PURCHASER: Purchase Agreement ATTEST:' , ' .~ DWIGHt E'. BROCK, Qerk , , B~~ l . i. , Dé uty Clerk, Attest as to C~a1naan s signature on11 AS TO OWNER: DATED: q -1- 05 (1~ .tY\.ððQ,~ Witness (Signature) Name: A('\f'\~ M\ ddldÓJ) ~. (pri~t or Type) . ~ !))il!taJ Witness (Signature) Name:4¡¿1~ WIUlS (Print or Type) Approved as to form and legal sufficiency: itL k? rL¿~ Ellen T. Chadwell Assistant County Attorney Page 5 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: '1uL w. ~ Fred W. Coyle, Chairman INDIGO LAKES MASTER ASSOCIATION, INC., a Florida non profit corporation /--~ BV:(Si~re) . ," Name: jc7~Y'tt>J C· 9c-ir' l~ (Print or T pe) - .~ . ,tiTS' ìCl prj"- itle) « o fi: o ....Jo l1..(J) .\{') ~d) Zoo ::J\{') o U(/) w æ0 1.1J « -a.. ::I 0" uR l1..~ o o~ 0:::0 <:0 om m. 0:: ....J. 0° o I U (/) EXISTING WEST ROW LINE V EXHIBIT /~ Pa~ {011 ~ o ~ o o ...-t ---r 20' L.B.E. ----. ...- I.() 0} ~ Q u '-" f-- ...-t (J I.() "'C Q) ~ 0 < 0 0::: ~ Z ~ 0 U INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 - - - - C': C~fV- - - - r - ~ I 10' CD N89'56'OO"W 60.05' f-- m 0 '(j} () q.... :::! « w ....:ü ~ z<: «11. :::! <f.Ñ (Y.(' ~:! I 0~ .0 æO m ~ <f. l\:! 0 FEE SIMPlE INTEREST ---.J PROJECT NO., 65061 PARCEL NO. : 1488 Wil.Mlllei····-.. P/Qnnor~ l:nalnOOÆ ¡;C<!/cals~ Survoyors· l.and6C1Jp8 AroMac'. 'I'rnn6porfallo/1 COll8u/tonl$ WlIsonMilJer, Inc:. NÞlk~ Fœ/ M¡'IJfI, $u1',,(11 'Btld"'II<J(I 1iJ1fIfI~ 3m 8:JD,I!' ¡"'16. S~2. m I/fI¡i.~ Flvddu 341O/j~50I. Ph<t/IJ 2)9·IM94rMO F.~ 239-U.J.5TI6 Vi<Jt>.SIII '''W.'#$''lIn~III.W(( Mor 24, 2004 .. 13:06:44 IAI AIAIIRI'II.\ <:t I~' "'''n...' 00;. _~. "" ",_ I I r7 I 0 ~ I ~ -< Z < u CLIENT: TITLE: DATE: 02/2005 I,"AK\it:L nu. " <- ð ~:~ . 4 N 25 50 10Õ-------·200 GRAPHIC SCALE CURVE TABLE CURVE CI CHORD BEARING ...- I.() Q) LINE TABLE NOTES: LINE LENGTH BEARING II 2J.48 0::: u 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown herean are per plot, unless otherwise noted. 5. ROW represents Right-oF-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. .represents Point of Commencement. 8. O.R, represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. DESCRIPTION: A portion of Tract "A', Indigo Lakes Drive, Indigo Lakes Unit One, as recorded in Plat Book 34, Pages 74-84 of the Public Records af Collier County, Florida: being more particularly described as follows: BEGINNING at the Southeast corner of Tract" A', Indigo Lakes Drive; thence North 89'56'00" West, along the South right-of-way line of said Tract "A" ,Indigo Lakes Drive, for a distance of 60.05 feet; thence North 02'15':\,3" West, along 0 line 60.00 feet Westerly of and running parallel with the Westerly right-of-way line of County Road 951 (C.R. 951), for a distance of 111.10 feet, to a point on the North right-of-way line of said Tract "A", Indigo Lakes Drive; thence South 89'56'00" East, along the North right-of-way line of said Tract "A", Indigo Lakes Drive for a distance of 23.48 feet; thence 46.0.3 feet along the orc of 0 circular curve concave northwest having a radius of 38.00 feet through a central angle of 69'24'23" and being subtended by a chord which bears North 55'21 '49" East, along the Northerly line of said Tract "Au, Indigo lakes Drive, for a distance of 4.3.27 feet, to a point located on the Westerly right-of-way line of County Rood 951 (C.R. 951); thence South 02'15' 33" East, along the Westerly right-of-way line of County Rood 951, for a distance of 135.75 feet, to the POINT OF ÐEGINNING. Containing 6917.54 sq. feet or 0.1588 acres, more or less. D' ' ,:.".. DAVID J. HYATT, .S.M. C OR THE FIRM) FLORIDA LlC. N . 58.34'" . ¿}. '- d-q- 05' '-: .. (DATE SIGNED) NOT VALID WITHOU'T THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTA nON SKETCH & DESCRIPTION PROJECT NO.' N60/5-005-000 SfiEET NUMBER: 488 OF XXX FILE NO.: 2L-812 Agenda Item No. 1689 September 27,2005 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve the purchase of Parcel No. 148B required for the construction of the six-Ianing of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $10,700.00. OBJECTIVE: To approve a Purchase Agreement for the acquisition of right-of-way required for the construction of the six-laning improvements to Collier Boulevard. CONSIDERATIONS: The subject property is located west of Collier Boulevard (CR 951) at the Indigo Lakes Drive intersection. The property, Parcel 148B (0.1588 acres right-of-way, fee simple purchase) is necessary to construct the roadway, drainage and utility facilities for the six- lane improvements to Collier Boulevard scheduled to commence in the fall of 2005 (see Exhibit "A" attached hereto). This parcel was set aside for future right-of-way pursuant to a PUD commitment by the developer, Kenco Development, Inc. In accordance with Section 4.5 E, Collier County Ordinance No. 01-53, known as the Indigo Lakes PUD, this 60 foot portion of right of way was to be dedicated to the County in exchange for impact fee credits. Although set aside as right-of-way, this parcel comprised a portion of the entrance to the development, which was platted as Tract A. Efforts were undertaken by the Developer and the County in 2003 to finalize this commitment through a developer's contribution agreement, but due to a dispute over the value of these parcels, the agreement was never completed and the parcel never dedicated to the County. In 2004 this parcel of right-of-way was quit-claimed as part of Tract A to the Indigo Lakes Master Association, Inc. Consequently, the developer can no longer receive impact fee credits for the property. Staff believes that in light of the transfer of this land to the Association, the inability of either the developer or the current owner to utilize impact fee credits, and the specific facts of this matter, the exchange of this parcel for cash instead of impact fee credits will serve the purpose and intent of Ordinance 01-53 and the Consolidated Impact Fee Ordinance, and recommends that the Board approve this Agreement. The purchase price is based on the fair market value of the property as of 2001 and amounts to $10,700.00. In addition, the agreement with the former developer, Kenco, provides that Kenco will release the County 1Ì'om any claims it may have arising out of this purchase from the Association and the underlying PUD commitment. FISCAL IMPACT: Total expenses will not exceed $10,790.00 including the purchase price for the land, title insurance, closing services and recording fees. Source of funds are impact fees and gasoline taxes. GROWTH MANAGEMENT IMPACT: As the Collier Boulevard six-laning project is a part of the Transportation Element of the County's Comprehensive Plan, this recommendation is consistent with the County's Growth Management Plan. Agenda Item No. 1689 September 27, 2005 Page2of10 RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Find that payment of cash in lieu of impact fee credits for this property is the fiscal equivalent of Section 4.5E, Ordinance 01-53, and meets the intents and purposes of this ordinance, the Collier County Consolidated Impact Fee Ordinance and s. 2.03.06(K) of the Collier County Land Development Code; 2. Approve the Purchase Agreement for Collier Boulevard Project Parcel No. 148B, in the amount of $1 0,700.00 and authorize its Chairman to execute same on behalf of the Board; 3. Authorize payment to the Owner in the amount as shall be specified on a Closing Statement; 4. Accept delivery of the Warranty Deed and Temporary Construction Easements for the property as provided under the Purchase and Easement Agreement; 5. Authorize staff to close the real estate transaction, and to record said deed and easements in the public records of Collier County, Florida; and 6. Authorize any and all budget amendments, which may be required to carry out the collective will of the Board. Prepared by: Margaret Kreynus, Transportation Engineering & Construction Management - Right-of- W ay Attachment: Purchase Agreement Agenda Item No. 1689 September 27,2005 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16B9 Item Summary: Recommendation to approve the purchase of Parcel No. 148B required for the construction of the six-Ianing of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $10,700.00 9/27/2005 9:00:00 AM Meeting Date: Prepared By Margaret Kreynus Property Acquisition Specialist Date Transportation Services TECM-ROW 9/12/200511:01:56 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 91121200512:54 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services Transportation Engineering and Construction 9112/20051 :12 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Administration 9/12120051:45 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 9112/20053:05 PM Approved By Gary Putaansuu Senior Project Manager Transportation Engineering and Construction Date Transportation Services 9/12120053:25 PM Approved By Jay Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 9112/20054:49 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 9113/200510:46AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 9113/200512:19 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 9/13120053:04 PM Agenda Item No. 1689 September 27,2005 Page 4 of 10 Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/16/20058:36 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9/16/20058:05 PM Agenda Item No. 16B9 September 27, 2005 Page 5 of 10 PROJECT: 65061 PARCEL: 148B FOLIO: 51977996908 PURCHASE AGREEMENT THIS PURCHASE AGREE~ENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of 5t>p--I "(""""~ , 2005, by and between INDIGO LAKES MASTER ASSOCIATION, INC., a Florida non profit corporation, whose mailing address is 14875 Indigo Lakes Circle, Naples, FL 34119 (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, under the provisions of Collier County Ordinance No. 2001-53, Owner is obligated to dedicate right-of-way for the expansion of Collier Boulevard; and 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. Owner shall convey the Property to Purchaser for the sum of: $ 10,700.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 11 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Owner shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to the applicable title standards adopted by the Florida Bar and in accordance with law. Prior to the Closing, Owner shall cause to be delivered 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) Warranty Deed; Purchase Agreement Agenda Item No. 1689 September 27. 2005 Page 6 of 10 Page 2 (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. Prior to Closing, 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. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 5. Both Owner and Purchaser agree that to remain in compliance with the PUD ordinance closing shall be prior to September 27, 2005; 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, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. 6. Purchaser shall be entitled to full possession of the Property at Closing. 7. Owner is aware 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. 8. Owner and Purchaser represent and warrant the following: (a) Owner 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. (b) Owner 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. (c) 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. (d) No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. (e) 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. Purchase Agreement Agenda 11em No. 1689 September 27,2005 Page 7 of 10 Page 3 (f) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. (g) 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. (h) Owner acknowledges and agrees that Purchaser is entering into this Agreement based upon Owner's representations stated above 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 agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the physical condition of the Property or the governmental ordinances or laws governing same. 9. Owner represents that 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 otherwise has no knowledge of a) any spill on the Property, 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. 10. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation 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 Owner's representation under Section 9. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 11. Purchaser shall pay all fees to record any curative instruments required to clear title, all Warranty Deed recording fees, and any and all costs and/or fees associated with securing and recording 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 for the execution of any release, subordination or satisfaction, 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. 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. 12. 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, Purchase Agreement Agenda Item No. 1689 September 27. 2005 Page 8 of 10 Page 4 for which a bill is rendered prior to closing, will be charged against Owner on the closing statement. Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2005 taxes, and shall be paid by Owner. 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 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. 13. 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. 14. 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, 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.) 15. 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 or amendment of this Agreement shall be of any force of effect unless made in writing and executed and dated by both Owner and Purchaser. Time is of the essence of this Agreement. 16. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from this Agreement, and the remaining provisions of this Agreement shall continue in full force and effect, and shall not be affected by such invalidity. 17. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of , 2005. Property acquisition approved by BCC pursuant to Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16B5, Date 10/28/2003 and Condemnation Resolution No. 2004-182, Agenda Item No. 10F, Date 5/25/2004 AS TO PURCHASER: __~__ - _.~ - n_ Purchase Agreement DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk AS TO OWNER: DATED: q -/- 05 L l'r\.ððQ.~ Witness (Signature) Name: Af"Ir"\(L M;dcllci~ ~e~ Witness (Signature) Name:~~"~ WMi-S (Print or Type) Approved as to form and legal sufficiency: kb1~~ Ellen T. Chadwell Assistant County Attorney Agenda Item No. 16B9 September 27, 2005 Page 9 of 10 Page 5 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Fred W. Coyle, Chairman INDIGO LAKES MASTER ASSOCIATION, INC., a Florida non profit corporation ~ ~( / (Sig ure) Name: 0G'......~:, c· G?c.ý /,- (Print or T pe) Title(~ ?~k:I&-J--ì- L_{Pri/ itle) ë§ Ii o ...JO LLm -"{ ~Ol :J~ o <.)(/'1 ~~ W< ::¡a.. o - <.)~ LL;:? o 06 ~g (D. ~ ...J' 0° o ;¡: <.) (/'I EXHIBIT A Page-L of....2.- ----r 20' L.B.E. INDIGO LAKES UNIT ONE PLAT BOOK 34, PAGES 76-84 C' U.E. PARCEL 1488 Tract" A" INDIGO LAKES DRIVE' --- ~ I CD I- .U « E: N89'56'OO"W 60.05' ao o cj~ :::i.w __C) í: ~~ C)~ aig ID ~'" Ò FEE SIMPLE INTEREST \ I r¡ I 0 ~ I ...:¡ « z « u \ I EXISTING I r~EiI"E \ I ~ I ~ I o o .... Q I- o « ~ -. .... It) 0) ç¿ U -- .... \0 0) ~ o ~ ~ Z ::J o u PROJECT NO.1 65061 'ARCEL NO. , 1488 Wil.nMllle¡····~·~I~ _ E_ ~ ScMwO'l'l__ _IbtC<>l......,. WI/scllM/Bar. Inc. III¡MFalM",,·_,_~ J31_~"'1III __Jl/_,·/IIo.2......1<OII l.nulHII' _ ...._... Mar 24. 2004 - 13:08:44 UI AUt"I"v~\ C:I IAi\ ....l1li\..\ a&4 ......,"" ".,- t'AK\it:L nu, l';t lJ q Âeptember 27. 2005 T P'g' 100110 N ',.¡- I 0 26 60 '00 200 GRAPHIC SCALE CURVE TABLE eu~v L NOTH RAlJU DE\.T TAN ENT CHORD CIt RD 8 'Ne c u . .... It.) C1) NOTES: ~ U 1. This is not 0 survey. 2. Bosis of bearing is the West line of 'County Rood 951 (C.R. 951) being N 02'15'33" W, Florida State Plane Coordinates NAD 83/90. East Zone. 3, Subject to easements, reservQtions Qnd restrictions or record. 4. Eosemenls shown hereon are per plQt, unless otherwise nQted. 5. ROW ;epresents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C, .represents Paint of Commencement. 8. O,R. represents Officiol Recorda, 9. L.B.E. represents Landscape Buffer EosemenL 10. U.E. represents Utility Easement. DESCRIPTION, A portion of Tract "¡(, Indigo Lakes Drive, Indigo Lakes Unit One, os recorded in Plot Book 34, Pages 74-84 of the Public Records of Collier County, Florida; being more particularly described as follows: BEGINNING at the Southeast corner of Tract "Â', Indigo Lakes Drive; thence North 89'56'00" West, along the South right-of-woy line of said Tract "A", 'Indigo Lakes Drive, for a distance of 60.05 feet; thence North 02' 15' 33" West, along Q line 60,00 feet Westerly of and running parallel with the Westerly right-of-way line of County Rood 951 (C.R. 951), for a distance of 111.10 feet, to a point on the North right-of-way line of said Tract" A", Indigo Lakes Drive; thence South 89'56'00" East, along the North right-of-way line of said Tract . Â·. Indigo Lakes Drive for 0 distance of 23.48 feet: thence 46.03 feet along the arc of a circulor curve concave nortt\west having Q radius. of 38.00 feet through 0 central angle of 69'24'23" and being subtended by a chord which bears North 55'21'49" East, along the Northerly line of eaid Tract "A·. IndigQ Lakes Drive. for 0 distance of 43.27 feel, to a point locoted on the Westerly right-of-way line of County Road 951 (C.R. 951); thence South 02'15' 33" Eost, along the Westerly right-of-way line of County Road 951. for a distance of 135.75 feet, to the POINT OF BEGINNING. \ Containing 6917.64 sq. feet or 0.1588 acres, more or less. D ( ...... DAVID J. HYATT, OR THE FIRM) FLORIDA LlC. N : .; . ~ .. 8' ().q - tJ5'·. (DATE SIGNED) eUENT, NOT VALID WITHOUT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION La N43 cOLLlm COUNTY DEPARTMENT OF TRANSPORT A nON TITL£ SKETCH &: DESCRIPTION DATE: 02/2005 PROJECT NO.' N6015-00S-000 FlU: NO.' 2L-812