Loading...
Agenda 10/27/2009 Item #16B 3Agenda Item No. 16133 October 27, 2009 Page 1 of 22 EXECUTIVE SUMMARY Recommendation to approve the purchase of a fee simple road right -of -way parcel and a temporary construction easement which are required for construction of the Collier Boulevard widening project. Project No. 68056 (Fiscal Impact: $32,250.00) OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase unimproved property in the form of a fee simple parcel and a temporary construction easement which are required for the widening of Collier Boulevard (CR 95 1) from four lanes to six lanes between Green Boulevard and Golden Gate Boulevard. CONSIDERATIONS: The subject property is located at the northwest corner of Collier Boulevard and 7 Avenue S.W. in Golden Gate Estates. The parent tract, owned by Richard E. Peterson, is unimproved and includes 5.303 acres of gross land area. The proposed fee simple right -of -way parcel is identified as Parcel No. 155FEE and contains a total of 12,250 square feet. The proposed three -year temporary construction easement is a five (5) foot strip which runs parallel and adjacent to Parcel No. 155FEE and contains 1,500 square feet. This temporary construction easement parcel is identified as Parcel No. 155TC:E. On June 19, 2008, an official purchase offer was mailed to Mr. Peterson along with a copy of the appraisal, the applicable condemnation statutes and legal descriptions of the two parcels. The appraisal (upon which the offer was based) was prepared by R. Alan Wilcox, MAI, SRA, of Wilcox Appraisal Services, Inc. and was dated February 2008. In the summary appraisal report Mr. Wilcox valued the fee parcel at $30,900 and the temporary construction easement at $1,100. The offer was not accepted initially as Mr. Peterson asked for more time to consider it. On July 15, 2009, Mr. Peterson contacted our office again and asked if we were still willing to honor our original offer of $32,000 for both parcels. Even though it had become clear by that time that the down -turn in the real estate market had resulted in a reduced market value for the land, this purchase of these parcels for the sum of $32,000 is being recommended for the following reasons: 1. We are at a point in the Collier Boulevard Project where acquisitions need to be finalized. In the coming weeks, the County Attorneys will be tiling the first suits against owners who have not responded to our purchase offers. If we do not acquire Mr. Peterson's property now at $32,000, we will be filing suit against him as well. 2. If we did have to file a condemnation suit against Mr. Peterson, we could anticipate paying much more than $32,000 for the two parcels due to the various costs that would be incurred as both sides attempt to negotiate a settlement. Mr. Peterson would most likely hire an attorney who would, in turn, hire a real estate appraiser and a land planner (to study highest and best use and rezoning possibilities) and an engineer (to study access issues). In today's market, planners and engineers can command fees upwards of $2,500 each. Appraisal fees for condemnation appraisals start at around $2,000 and can go as high as $1.0,000 (depending on the property and the complexity of the issues being studied). Mediators charge approximately $2,500 per day. According to the statutory Agenda Item No. 16133 October 27, 2009 Page 2 of 22 benefit formula, the owner's attorney doesn't get paid unless we settle above what was originally offered. Therefore, the owner's attorney has no incentive to try and sell his client on anything less than our initial offer (or actually a few thousand more than our initial offer). 3. Our best estimate of what it would cost to condemn this particular property, taking into account fees for land planners, real estate appraisers, engineers, mediators, attorneys, filing fees and staff time, is somewhere close to $50,000 (and that's a very conservative estimate). Right now we have a willing seller, a signed purchase agreement and a signed temporary construction easement agreement and are ready to move forward. Mr. Peterson currently has no attorney and there is no mortgage on the property so it should be relatively easy to close this transaction. 4. Given these considerations, Transportation staff is recommending that the Board of County Commissioners approve the purchase of Parcels 155FEE and 155TCE. FISCAL IMPACT: The fiscal impact is in the amount of $32,250.00 and includes $30,900.00 for the fee simple parcel, $1,100.00 for the temporary construction easement; title insurance in the approximate amount of $200.00; and recording fees not to exceed $50.00. Source of funds are gas taxes and impact fees. GROWTH MANAGEMENT IMPACT: This project is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -RNZ RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Purchase Agreement and Temporary Construction Easement Agreement and authorize its Chairman to execute same on behalf of the Board; 2. Accept the conveyance of Parcel No. 155FEE via warranty deed and Parcel No. 155TCE via temporary construction easement and authorize the County Manager or his designee to record same in the public records of Collier County, Florida; 3. Authorize the payment of all costs and expenses necessary to close the 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 Purchase Agreement and the Temporary Construction Easement Agreement; and 5. 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, Transportation Engineering & Construction Management Attachments: (1) Purchase Agreement; (2) Temporary Construction Easement Agreement; (3) Property Location Map; (4) Appraisal Report Summary Page 1 of 2 Agenda Item No. 16133 October 27, 2009 Page 3 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16B3 Item Summary: Recommendation to approve the purchase of a fee simple road right -of -way parcel and a temporary construction easement which are required for construction of the Collier Boulevard widening project. Project No. 68056 (Fiscal Impact: $32,250.00) Meeting Date: 10127/2009 9:00:00 AM Prepared By Rebecca Harding Property Acquisition Specialist Date Transportation Transportation ECM 1016/2009 8:50:03 AM Approved By Lisa Taylor Management /Budget Analyst Date Transportation Services Transportation Administration 10/6/2009 11:18 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 10/7/2009 11:20 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 1018/2009 10:50 AM Approved By Marlene Messam Senior Project Manager Date Transportation Engineering & Transportation Services Construction Management 1018!2009 10:54 AM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 101812009 3:55 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 10/9/2009 11:25 AM Approved By Najeh Ahmad Director Date Transportation Engineering 8 Transportation Services Construction Management 10/12/2009 9:58 AM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 10/1312009 11:25 AM file: / /C: \AgendaTest \Export\137- October 27, 2009 \16. CONSENT AGENDA \16B. TRAN... 10/21/2009 Approved By Pat Lehnhard Executive Secretary Transportation Services Transportation Services Admin Page 2 of 2 Agenda Item No. 16133 October 27. 2009 Page 4 of 22 Date 10114/2009 1:29 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 10114/2009 1:50 PM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget 10/16/2009 7:35 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 10/19/2009 9:18 AM file: / /C: \AgendaTest \Export \137- October 27, 2009 \l6. CONSENT AGENDA \16B. TRAN... 10/21 /2009 Agenda Item No. 16133 October 27, 2009 Page 5 of 22 PROJECT: COLLIER BOULEVARD PROJECT # 68056 PARCEL: 155FEE FOLIO NO.: 36617920000 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of 20 by and between RICHARD E. PETERSON, whose mailing address is 4661 Dempster Street, Skokie, Illinois 60076 -2042 (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 Price ") for the Property shall be $30,900.00 (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 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 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, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 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. 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 Co!!ier 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 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 "): Agenda item No. 16133 Page Qctober 27, 2009 Page 6 of 22 (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. 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 to 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. 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 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. 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. 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 Aqreement 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. (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 Agenda Item No. 16133 Pagegctober 27, 2009 Page 7 of ',22 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 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 agreements 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 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. 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, 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. 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, Agenda Item No. 16133 PageQctober 27, 2009 Page 8 of;22 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. 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. 10. 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. 11. 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. 12. 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.) 13. 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. 14. 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. 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. Agenda Item No. 16133 Pagegctober 27, 2 09 Page 9 cf 22 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk DONNA FIALA, Chairman AS TO OWNER: t DATED: n� Witness (Signature) Name (Print or Type Witness (Signature) ,. Name (Print or Type) Approved as to form and legal sufficiency: (i2Assistan C my Attorney RICHARD E. PETERSON EXHIBIT Page I of I PROPOSED RIGHT OF WAY PARCEL 155FEE TRACT 118 �OLDEN GATE ESTATES UNG 1 -AT L30DK 4, PASE 73 is U PETERSON OR 528/124 PROPOSED TEMPORARY CONSTRUCTION EASEMENT—, ti 7TH AVE. S.W. enda Item No. 16133 Gctober 21, 2009 e 1 of 22 FEE SIMPLE INTEREST L LEGAL DESCRIPTION FOR PARCEL 155FEE '97 '<T C IN -141)1 LM'AF<D I'ROP"]"D OF tVAY CONSULTING Q� h,4,w­g I�APCLL i 5 --, Fj: F� AL '%� f T J- JIL s—y, & m, ELIC Wl FXK�'- S-1 COLLIER COZINTY. WLUHIJ)A t�llltlo 175 t,x St" T'314 A- Agenda Item No. 1 B3 October 27, 2 09 Page 11 0 22 PROJECT: COLLIER BOULEVARD PROJECT # 68056 PARCEL: 155TCE FOLIO NO.: 36617920000 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into on this day of , 20 , by and between RICHARD E. PETERSON, whose mailing address is 4661 Dempster Street, Skokie, Illinois 60076 -2042 (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser "). WHEREAS, the Purchaser requires a Temporary Construction Easement over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as "TCE "), which is attached hereto and made a part of this Agreement, for the purpose of constructing roadway, sidewalk, drainage and utility facilities within the public right -of- way immediately adjacent thereto; and WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance of the TCE. 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 are 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. Owner shall convey the TCE to Purchaser for the sum of $1,100.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 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 Easement 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 Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the TCE, the execution of such instruments which will remove, release or subordinate such encumbrances from the TCE upon their recording in the public records of Collier County, Florida. 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 ") on or before the date of Closing: (a) Temporary Construction Easement; (b) Closing Statement; (c) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; Agenda Item No. 16133 October 27, 2009 Page 12 of 22 (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. 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 TCE. At Closing, payment shall be made to 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. 5. 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. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the TCE, to enter into and to execute this Agreement, to execute, deliver 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. (b) Purchaser's acceptance of the TCE 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 TCE 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 underlying the TCE or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the TCE, 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 TCE. (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 or pending or threatened which affect the TCE or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the TCE 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 underlying the TCE to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner -1 Agenda Item No. 16183 October 27, 2809 Page 13 of ,122 agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the TCE and not to do any act or omit to perform any act which would change the physical condition of the property underlying the TCE or its intended use by Purchaser. (h) The property underlying the TCE, and all uses of the said 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 underlying the TCE except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the TCE 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 underlying the TCE; b) any existing or threatened environmental lien against the property underlying the TCE; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the TCE. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. 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, 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 any of Owner's representations under paragraph 6(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. Purchaser shall pay all fees to record any curative instruments required to clear title, all TCE 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 underlying the TCE; 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. 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 this Easement is acquired under threat of condemnation. The term of the TCE shall be 1,095 days (three years), which term shall commence upon the recording of a Temporary Construction Easement in the Public Records of Collier County. In the event that the construction of the public facilities has not been completed within the initial term of the TCE, Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall extend the term of the TCE for one (1) additional year only. Owner shall be provided with a copy of the recorded Notice of Time Extension. 10. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and /or assignees, whenever the context so requires or admits. 11. If the Owner holds the property underlying the TCE 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 Agenda Item No. 16133 October 27, 2009 Page 14 of 22 Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the property underlying the TCE before the TCE 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.) 12. Conveyance of the TCE, or any interest in the property underlying the TCE, by the 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 cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 13. 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. 14. 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 the date first above written. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO OWNER: DATED: C4 —2, Witness (Sig 'Name (Print or Type) Witness (Signature) Name (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA am DONNA FIALA, Chairman RICHARD E. PETERSON Agenda Item No. 16133 October 27, 2009 Page 15 of 22 STATE OF COUNTY OF The foregoing Temporary Construction Easement Agreement was acknowledged bef re me this 22nd day of : [f p4cM.bee— 20Q, by Eck aA E. k- k rs,, , who: is personally known to me OR X produced '1111'nc)s bt) yet''s Li(ense as proof of identity. (affix notarial seal) „nrri '1A1✓ SLAL° JACQUELINE K. PEARL Notary Public State of Illinois M Commission Er,Gires 3112112 Approved as to form and legal sufficiency: iL Assistant Co my Attorney L" �, k . `P.Qa, -2 ( i na e of Notary Public) (Print N4me of Notary Public) Serial / Commission # (if any): My Commission Expires: R112)(2- Agenda Item Nc October 2 e1 is PROPOSED TEMPORARY CONSTRUCTION EASEMENT—, PARCEL 155TCE TRACT 118 GOLDEN CATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 PETERSON OR 528/124 TEMPORARY CONSTRUCTION EASEMENT X W, VvH_ �)F '.!!,Y D ijr DURATION YEARS. LEGAL DESCRIPTION FOR PARCEL 155TCE i, PU-: OF T4,,, I E 4, ,,,GL 'D. IL 'LD_ .cL-1=R 1-IlDlil, Y, C­ l Tr— OF E13- 4'-! ':.AD FF,­�' -r E 50 T" �� �-_El '_F N6 E"_r_-- 40 i6l) I 1114N SKETCH tic T)LSCRII`110N OF; cqNsuj_,riNq ci�aL,,w,­s PROPOSED TE-MFORARY 0()1STI:UCTION EASEMENT JL %. T VL JL S­)w & M"­& PARCEL 15510E S N _�. F*,m 31 709 CDLlAEJl COT,";TY, FLORIDA 231t, S17 11571 ' AX 2392 5?- -0'19 6;62 �_c or4 166"':sIllp RAJC,; CAI I-Iml,11,1 Br 777­7 77 si,-Fi B.G. I C S N Of I .1 B3 ,2 09 3o 22 e £ �J r p t y� e .hp nw i� 6 �, � r� ° ► a,,, � yae �� a w�yr Ii irAft Pursuant to your request, an inspection and valuation analysis has been completed of the above referenced property for the purpose of estimating the market value of the property rights and improvements (if any) which are proposed to be acquired, together with all diminution in value to the remainder land and improvements (if any) which can be attributed to the proposed use of, or activity upon, the proposed acquisition areas (Parcel Nos. 155 Fee and 155 TCE). ' The Appraisal Standards Board of the Appraisal Foundation adopted the "2008 -2009 Uniform Standards of Professional Appraisal Practice" (USPAP) on June 8, 2007. The 2008 -2009 standards became effective January 1, 2008 through December 31, 2009. In compliance with Standards Rule 2 -2(b), the appraiser is communicating to the reader a "Summary Appraisal ' Report ", one of the three reporting options allowed under Standards Rule 2 -2. To estimate the compensation due the property owner, the appraiser has estimated the "as is" market value of the undivided fee simple interest in the parent tract before and after the proposed acquisition. Accordingly, as of the date of value, February 4, 2008, the appraiser has utilized the hypothetical condition assuming the proposed acquisition and the ' proposed roadway improvements have been completed. A hypothetical condition is contrary to what exists but is supposed for the purpose of analysis. Hypothetical conditions assume conditions contrary to known facts about physical, legal, or economic characteristics of the parent tract; or about conditions external to the property, such as market conditions or ' trends; or about the integrity of data used in an analysis. The parent tract of this appraisal assignment Is an unimproved tract of land located at the northwest corner of Collier Boulevard (CR 951) and 7" Avenue S.W. in Collier County, Naples, Florida The parent tract owner of record is listed on the 2008 Collier County Tax Roll as is J ' 1633 S.E. 41" Street • Cape Coral • Florida 33904 -7470 239- 542 -2311 • Fax 239 - 542 -4995 • Email awilcoxmaisra @comcast.net Prepared for and property of Collier County Board of Commissioners. Agenda Item No. 1683 ' Reliance upon the appraisal for other uses is not warranted. October 27, 2009 Page 18 of 22 Wilcox Appraisal Services, Inc. i (( Appraisal II .���I I II Institute'" Prgfisvwrai, Pmntding February 4, 2008 Real I",;ra<,-S'd work Wilcox Appraisal Services, Inc. is Harry Henderson, SRA, Review Appraiser committed to the highest degree of ' Transportation Right -of -Way Group professionalism with all of our appraisers being designated members 2885 South Horseshoe Drive of the Appraisal Institute. Naples, Florida 34104 ' Re: Summary Appraisal Report Number: 07 -06 -01 (Parcel Nos. 155 Fee and 155 TCE). Project: Widening of Collier Boulevard (CR 951). Parcel Nos.. 155 Fee and 155 TCE. Parent Tract: 5.303 Acre Vacant Tract. ' Improvements: None. Location: The parent tract is located at the northwest corner of Collier Boulevard (CR 951) and 7" Avenue S.W. in Collier County, Naples, +� Florida. Owner: Richard E. Peterson Date of Value: February 4, 2008 (Date of Most Recent Inspection). Dear Mr. Henderson: Pursuant to your request, an inspection and valuation analysis has been completed of the above referenced property for the purpose of estimating the market value of the property rights and improvements (if any) which are proposed to be acquired, together with all diminution in value to the remainder land and improvements (if any) which can be attributed to the proposed use of, or activity upon, the proposed acquisition areas (Parcel Nos. 155 Fee and 155 TCE). ' The Appraisal Standards Board of the Appraisal Foundation adopted the "2008 -2009 Uniform Standards of Professional Appraisal Practice" (USPAP) on June 8, 2007. The 2008 -2009 standards became effective January 1, 2008 through December 31, 2009. In compliance with Standards Rule 2 -2(b), the appraiser is communicating to the reader a "Summary Appraisal ' Report ", one of the three reporting options allowed under Standards Rule 2 -2. To estimate the compensation due the property owner, the appraiser has estimated the "as is" market value of the undivided fee simple interest in the parent tract before and after the proposed acquisition. Accordingly, as of the date of value, February 4, 2008, the appraiser has utilized the hypothetical condition assuming the proposed acquisition and the ' proposed roadway improvements have been completed. A hypothetical condition is contrary to what exists but is supposed for the purpose of analysis. Hypothetical conditions assume conditions contrary to known facts about physical, legal, or economic characteristics of the parent tract; or about conditions external to the property, such as market conditions or ' trends; or about the integrity of data used in an analysis. The parent tract of this appraisal assignment Is an unimproved tract of land located at the northwest corner of Collier Boulevard (CR 951) and 7" Avenue S.W. in Collier County, Naples, Florida The parent tract owner of record is listed on the 2008 Collier County Tax Roll as is J ' 1633 S.E. 41" Street • Cape Coral • Florida 33904 -7470 239- 542 -2311 • Fax 239 - 542 -4995 • Email awilcoxmaisra @comcast.net Agenda Item No. 16133 October 27, 2009 Page No. 2 Prepared for and property of Collilgageut%of 22 February 4, 2008 Board of Commissioners. Reliance upon the Harry Henderson, SRA, Review Appraiser appraisal for other uses is not warranted. Richard E. Peterson The property is identified as Folio No. 36617920000 and S.T.R.A.P. No. 325600 118 04810 in the Collier County Property Appraiser's Office. The parent tract contains 5.303 acres of gross land area and is rectangular in shape. Specifically, the parent tract has an eastern property line along Collier Boulevard (CR 951) that measures 350 feet; with a depth there from along the southern property line and along 7'h Avenue S.W. that measures 660 feet, with a depth there from along the northern property line that measures 660 feet; and a western property line that measures 350 feet. The parent tract benefits from 350 feet of frontage along the westerly right -of -way of Collier Boulevard (CR 951) and from 660 feet of frontage along the northerly right -of -way of 7`h Avenue S.W. Collier Boulevard (CR 951) is an arterial, median divided, four lane, paved roadway. 7`h Avenue S.W. is a local, undivided, two lane, paved roadway. The available utilities to the parent tract include telephone, electrical service and emergency services. Drinking water would be typically provided by a private well. Wastewater would be typically disposed of by a private septic tank and drain field combination. The parent tract is a level tract that is covered with natural vegetation. The parent tract is situated within an area designated Flood Zone X in the Federal Emergency Management Flood Rate Maps, Community Panel Number 120067 0425 D, and dated June 3, 1986. Flood Zone X identifies areas located within the 500 -year flood plain. Flood hazard insurance is not required. Based on the appraiser's review of the United States Department of Agriculture's Soil Survey of Collier County, Florida, the parent tract is located in an area with predominant soil types that -� includes No. 14, Pineda Fine Sand, Limestone Substratum; and No. 18, Riviera Fine Sand, Limestone Substratum. It is important to bring to the reader's attention that the information reported above related to the predominant soil group(s) on or near the parent tract, are general in nature, and may or may not apply specifically to the soil group(s) located on the parent tract. The parent tract is presumed to be unencumbered by current county, state, and federal regulations related to certain areas being considered to be jurisdictional based upon vegetation classifications and /or wildlife species. It is important for the reader to be advised that no environmental studies of the parent tract have been provided to the appraiser. The parent tract is designated Estates Designation on the Collier County Future Land Use Map, within the Residential Estates Sub - district, and is further regulated by the Golden Gate Area Master Plan. Furthermore, the parent tract is zoned E, Estates District, according to the Collier County Land Development Code. The parent tract is encumbered by a 50 -foot wide road right -of -way easement along the southern property line and along the property's existing frontage to 71h Avenue S W. The appraiser is not aware of any other easements or restrictive covenants which might adversely affect the market value and development of the parent tract before the taking. However, the reader is advised that the appraiser has not been provided any title information. ' Based on the analysis of the legally permissible, physically possible, financially feasible and maximally productive uses of the parent tract, the highest and best use ''as though vacant" is estimated to be potential single - family residential development up to a maximum density of two single family residential units. 7I ' Wilcox Appraisal Services, Inc. t C I r L Page No. 3 February 4, 2008 Harry Henderson, SRI, Review .-appraiser Agenda Item No. 16133 October 27, 2009 Prepared for and property of CollilFiaga-Dgr of 22 Board of Commissioners. Reliance upon the appraisal for other uses is not warranted. The proposed acquisition areas will be utilized for the widening of Collier Boulevard (CR 951). Parcel No. 155 Fee is a proposed fee simple acquisition area that consists of a strip taking along the westerly right -of -way of Collier Boulevard (CR 951). Parcel No. 155 Fee contains 0.281 acres (12,250 square feet) of gross land area and is rectangular in shape. Specifically, the Parcel No. 155 Fee has an eastern property line along Collier Boulevard (CR 951) that measures 350 feet; with a depth there from along the northern and southern property lines that measure 35 feet; and a western property line that measures 350 feet. No significant improvements are located within the Parcel No. 155 Fee. Parcel No. 155 TCE is a proposed 36 -month temporary construction easement. Parcel No. 155 TCE is located immediately west and adjacent of Parcel No. 155 Fee, Parcel No. 155 TCE contains 0.034 acres (1,500 square feet) of gross land area and is rectangular in shape. Specifically, Parcel No. 155 TCE has an eastern property line that measures 300 feet; with a depth there from along the northern and southern property lines that measure 5 feet; and a western property line that measures 300 feet. All improvements, if any, located within Parcel No. 155 TCE that may be affected by the proposed 36 -month temporary construction easement will be restored by Collier County to a like or better condition than before the taking. After the taking, the remainder property has been reduced in size from 5.303 acres of gross land area to 5.022 acres and is still rectangular in shape. Specifically, the remainder property has an eastern property line along Collier Boulevard (CR 951) that measures 350 feet; with a depth there from along the northern and southern property lines that measure 625 feet; and a rear, western property line that measures 350 feet. The remainder property's overall roadway frontage, availability to utilities, topography, land use designation, and zoning are unchanged. In addition, the remainder property will be encumbered by Parcel No. 155 TCE.. a proposed 36- month temporary construction easement. The highest and best use of the remainder property "as vacant" is estimated to remain the same as before the taking, potential single - family residential development up to a maximum density of two single family residential units. Finally, the remainder property is not considered to be damaged due to the taking of the proposed acquisition areas. The intended use of the appraisal is understood to be for use as a basis of value for determining full compensation to the property owner for the loss of the real estate resulting from the property rights and improvements (if any) which are proposed to be acquired, including all diminution in value to the remainder land and improvements (if any) which can be attributed to the use of, or activity upon, the proposed acquisition areas (Parcel Nos 155 Fee and 155 TCE). Market Value is defined as "the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale. the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their own best interests; ' 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in United States dollars arrangements comparable thereto: and Wilcox Appraisal Services, Inc. or in terms of financial Agenda Item No. 16133 ' October 27, 2009 Page No. 4 Prepared for and property of Colli @pggu%kof 22 February 4, 2008 Board of Commissioners. Reliance upon the Harry Henderson, SRA, Review appraiser appraisal for other uses is not warranted. 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale ". Source: Uniform Standards of Professional Appraisal Practice 2003 Edition, The ' Appraisal Foundation, Washington, D.C., Glossary, Page 224. This letter of transmittal precedes the full narrative appraisal report, further describing the ' property and containing the reasoning and most pertinent data leading to the final value estimates. Your attention is directed to the "General Assumptions ", "General Limiting Conditions ", and "Certificate of Appraisal', which are considered usual for this type of assignment and have been included in the addendum of this report. ' Unless otherwise stated in this report, the existence of hazardous substances, including without limitation, asbestos, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, were not called to the attention of nor did the appraiser become aware of such during the inspection. The appraiser has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser, however, is not qualified to test for such substance or conditions. If the presence of such substances, such as asbestos, urea, formaldehyde foam insulation, or other hazardous substances or environmental conditions, may affect the value of the property, the value estimated is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required to discover them. Furthermore, the appraiser is not an expert in the determination of jurisdictional wetlands or non - jurisdictional uplands. By reason of my investigation and analysis, data contained in this report, and my experience in the real estate appraisal business, it is my opinion that the amount due the property owner, as a result of the loss of real estate resulting from the property rights and improvements (if any) which are proposed to be acquired, including all diminution in value to the remainder land and ' improvements (if any) which can be attributed to the use of or activity upon the proposed acquisition areas (Parcel Nos. 155 Fee and 155 TCE), as of February 4, 2008, is: Wilcox Appraisal Services, Inc. Agenda Item No. 16133 ' Page No. 5 Prepared for and property October 27, 2009 of ColliFfd¢J". jof 22 February 4, 2008 Board of Commissioners. Reliance upon the Hari-v Henderson, SRA, Review appraiser appraisal for other uses is not warranted. PARCEL NO. 155 Fee: ' Value of the Land Taken: $30,900 Value of the Improvements Taken: 0 Severance Damages: 0 ' Net Cost to Cure: 0 TOTAL AMOUNT DUE OWNER (PARCEL NO. 155 Fee): $30,900 PARCEL NO. 155 TCE: ' Value of the Land Property Rights Taken: $1,100 Value of the Improvements Taken: 0 Severance Damages: 0 ' Net Cost to Cure 0 TOTAL AMOUNT DUE OWNER (PARCEL NO. 155 TCE): $1,100 ' TOTAL AMOUNT DUE OWNER (ALL PARCELS): $32,000 Respectfully submitted, WILCOX APPRAISAL SERVICES, INC. ' R. Alan Wilcox, MAI, SRA State - Certified General Real Estate Appraiser RZ 306 Wilcox Appraisal Services, Inc.