Agenda 06/24/2008 Item #16E 3
Agenda Item No. 16E3
June 24, 2008
Page 1 of 15
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase with Stiffler
Specialties, Inc., for 1.14 acres under the Conservation Collier Land Acquisition
Program, at a cost not to exceed $18,700.
OBJECTIVE: To obtain approval from the Board of County Commissioners for execution of the
attached Agreement for Sale and Purchase (Agreement) between the Board of County
Commissioners (Board) and Stiffler Specialties, Inc. (Seller).
CONSIDERATIONS: On January 27, 2004, Agenda Item 10A, the Board approved a Collier
Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List
(AAL), with changes, and directed staff to actively pursue acquisition of the properties under the
Conservation Collier Program. On June 22, 2004, Agenda Item 16A2, the Board confirmed their
direction to staff authorizing staff to proceed with purchase contracts for Golden Gate Estates, Unit 53
Multi Parcel Project (Project), properties as they become available and to bring these contracts back
to the Board for final approval.
Staff has actively pursued acquiring parcels within the Project. However, on September 26, 2006,
Agenda Item 10G, the Board directed staff to discontinue buying properties within the Project, due to
rising properly costs.
On January 29, 2008, Agenda Item 10F, the Board accepted CCLAAC's recommended AAL
reactivating and placing the Project on the "A" list.
Staff contracted with two independent, state-certified, general real estate appraisers to appraise all
parcels within the Project. The appraisers based their analysis on comparable sales from wetland,
not upland parcels, preferably within the Project boundaries. The averaged appraised value for all
parcels is $15,842 an acre.
The Seller's property contains 1.14 acres and is located within the Project, also known in the
Conservation Collier Program as the Red Maple Swamp Preserve. The land cost for the 1,14 acre
parcel is $18,060.
The attached Agreement provides that should the County elect not to close this transaction for any
reason, except for default by the Seller, the County will pay the Seller $90.30 in liquidated damages.
The CCLAAC approved this transaction on June g, 2008, and voted to recommend Board approval
and execution of the attached Agreement.
Pursuant to Ordinance 2007-65, Section 13(8), a Project Design Report for the property is provided
herewith.
FISCAL IMPACT: The total cost of acquisition will not exceed $18,700 ($18,060 for the property, and
approximately $640 for the title commitment, title policy, and recording of documents). The funds will
be withdrawn from the Conservation Collier Trust Fund (172). As of June 9,2008, property costs for
Conservation Collier properties, including this properly and those under contract, total $63,583,576.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with
and supports Policy 1.3.1 (e) in the Conservation and Coastal Management Element of the Collier
County Growth Management Plan.
Agenda Item No. 16E3
June 24, 2008
Page 2 of 15
LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2007-65) provides a legal
framework for property acquisition for the Conservation Collier Program. The process for acquiring
this property falls within the legal framework of Ordinance 2007-65. The Agreement has been
reviewed and approved by the County Attorney's Office. - JAB
RECOMMENDATIONS: Staff is recommending that the Board of County Commissioners:
1) Approves the attached Agreement and accepts the Warranty Deed once it has been received and
approved by the County Attorney's Office; 2) Authorizes the Chairman to execute the Agreement and
any and all other County Attorney's Office approved documents related to this transaction; 3)
Authorizes the County Manager or his designee to prepare related vouchers and Warrants for
payment; and 4) Directs the County Manager or his designee to proceed to acquire this parcel, to
follow all appropriate closing procedures, to record the deed and any and all necessary documents to
obtain clear title to this parcel, and to take all reasonable steps necessary to ensure performance
under the Agreement.
PREPARED BY: Cindy Erb, SRfWA, Senior Property Acquisition Specialist, Real Property
Management, Department of Facilities Management
Page ] of]
Agenda Item No. 16E3
June 24, 2008
Page 3 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E3
Meeting Date:
Recommendation to approve an Agreement for Sale and Purchase with Stiffler Specialties,
Inc., for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to
exceed $18.700,
6/24/2008 900:00 AM
Prepared By
Cindy M. Erb
Senior Property Acquisition Specialist
Date
Administrative Services
Facilities Management
6/10/20088:17:17 AM
Approved By
Alexandra J. Sulecki
Senior Environmental Specialist
Date
Administrative Services
Facilities Management
6/10/200812:58 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
6/11/20083:13 PM
Approved By
Toni A. Matt
Real Property Supervisor
Date
Administrative Services
Facilities Management
6/11/20086:01 PM
Approved By
Jennifer A. Belpedio
Assistant County Attorney
Date
County Attorney
County Attorney Office
6/12/2008 1 :04 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
6/12/20082:32 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
6/12/20082:42 PM
Approved By
Laura Davisson
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
6/14/20083:53 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/16/2008 6:35 PM
file://C:\AgendaTest\Export\] I 0-June%2024, %202008\16.%20CONSENT%20AGENDA \ I... 6/18/2008
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Conservation Collier Land Acquisition Program
Project Design Report
Date: June 9, 2008
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Property Owner: Stiffler Specialties, Inc.
Folio(s): 39492280001
Location: North Golden Gate Estates Unit 53, E 75 FT ofW 180 FT of Tract 26
Size: 1.14 acres
Appraisal/Offer Amount: $18,060
Historv of Proiect:
Agenda Item No, 16E3
June 24, 2008
Page 4 of 15
"+,
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39THAVENW
Received Proj ect Project halted Project Purchase offer Offer Accepted
application Approved for by BCC resumed by made to owners
purchase by BCC
BCC
8/24/06 1/27/04 9/26/06 ]/29/08 4/14/08 4/21/08
Purpose of Proiect: Conservation Collier
Pro!!ram Oualifications:
This is one of a number of parcels approved for acquisition that are par1 of a larger, multi-
parcel, multi-owner project known both as the Red Maple Swamp Preserve Project and as
Agenda Item No. 16E3
June 24, 2008
Page 5 of 15
.~
North Golden Gate Estates (NGGE) Unit 53. These parcels were considered in context of
the whole project. The following identifies the ecological value, significance for water
resources, human values and aesthetics, vulnerability to development and management
potential for this project. The entire project area is 285 acres and, including this parcel,
there are currently 118.62 acreS either acquired, under contract or pending acceptance of
offers to owners. Although the unit has been platted for single- family home development,
at present there are no homes, paved streets or electric service. A search of County
permit files shows no permits are under review as of May 15, 2008, however this area is
vulnerable to development for single-family residences and permits could be issued at
any time.
Native habitat present over the whole unit is wetland hardwood forest, with a substantial
portion of that being dominated by cypress and red maple swamp and the remainder by
native and exotic re-growth over an historic farm field (approximately 100 acres). Soils,
hydro logy and extant plant species indicate that the entire unit is a seasonal wetland, with
surface water present during rainy season and moist conditions remaining during dry
season (excepting drought conditions when water tables may recede lower). The area
contributes moderately to Lower Tamiami aquifer recharge (7-14 inches per year).
A native terrestrial orchid species State listed as Threatened, Wild Coco (Eulophia alta)
and a fern species, Royal fern (Osmunda regalis) listed by the State as Commercially
Exploited were observed in abundance. No listed wildlife species were observed,
however, the entire unit is directly adj acent to Priority One Panther Habitat, as designated
by the Florida Fish and Wildlife Conservation Commission. Black bear, another listed
species, are known to inhabit adjoining public lands. Wetland dependant bird species
were observed on site.
NGGE Unit 53 is connected on its north and west sides with 60,000 acres of conservation
lands that are part of a regionally important watershed and to the southwest with nearly
35 additional sections of lands having varying levels of environmental protection.
Surrounding lands include South Florida Water Management District (SFWMD) lands,
the Corkscrew Regional Ecosystem Watershed (CREW) Trust conservation lands, the
Audubon Corkscrew Sanctuary and private mitigation lands. Acquisition ofNGGE Unit
53 would enhance, protect, buffer these lands and provide public access to adjoining Bird
Rookery Swamp, where a 1,200-foot boardwalk has been built and nearly 5 miles of
hiking trails have already been created. Staff is working with the SFWMD and Parks and
Recreation Department staff to develop a partnership for access and management ofthese
recreational amenities.
Proiected Manal!ement Activities:
Removal of exotic plants, grading out portions of existing limerock roads (except for
those necessary to public access), construction of trails, parking and placement of fencing
and signage are projected management activities. An Interim Management Plan (IMP)
has been drafted and approved, however, the existence of the boardwalk and trail system
on adjoining SFWMD lands was not known at that point in time and a potential
partnership was not contemplated. Any partnerships, including potential road
improvements, will be included in a Final Management Plan and brought to the Board of
County Commissioners for review and approval. Pursuant to the approved IMP, active
management of the parcels will begin once enough contiguous parcels have been
acquired to make management actions cost effective.
2
CONSERVATION COLLIER
Property Identification No. 39492280001
Agenda Item No. 16E3
June 24, 2008
Page 8 of 15
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to
make such title good and marketable, In the event Seller is unable to cure
said objections within said time period, Purchaser, by providing written notice
to Seller within seven (7) days after expiration of said thirty (30) day period,
may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to We as shown in the title
commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
Agreement. Purchaser shall have the option, at rts own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida, No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibrt "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or
projection, or lack of legal access, or Purchaser may terminate the Agreement.
A failure by Purchaser to give such written notice of termination within the time
period provided herein shall be deemed an eiection by Purchaser to accept the
Property with the encroachment, or projection, or lack of legal access,
V. INSPECTION PERiOD
5.01 Purchaser shall have one hundred and twenty (120) days from the date of
this Agreement, ("Inspection Period"), to determine through appropriate
investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property,
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4, The Property can be utilized for its intended use and purpose in the
Conservation Collier program.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article V shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
3
. CONSERVATION COLLIER
Property Identification No. 39492280001
Agenda Item No. 16E3
June 24, 2008
Page 9 of 15
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care. Seller shall be notified
by Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Ciosing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Ciosing based upon the gross amount of 2007 taxes. and shall be
paid by Seller.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies availabie at law or in equity
to a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in defaun, then as Selle(s sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one-half percent (112%) of the purchase
price shall be paid to Seller as liquidated damages which shall be Seller's sole
and exclusive remedy, and neither party shall have any further liabiiity or
obligation to the other except as set forth in paragraph 12.01, (Real Estate
Brokers), hereof. The parties acknowledge and agree that Seller's actual
damages in the event of Purchaser's default are uncertain in amount and difficult
to ascertain, and that said amount of liquidated damages was reasonably
determined by mutual agreement between the parties, and said sum was not
intended to be a penalty in nature.
9.03 The parties acknowledge that the remedies described herein and in the
other provisions of this Agreement provide mutually satisfactory and sufficient
remedies to each of the parties, and take into account the peculiar risks and
expenses of each of the parties.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10,011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contempiated bankruptcy proceeding.
4
CONSERVATION COLLIER
Property Identification No. 39492280001
Agenda Item No, 16E3
June 24, 2008
Page 10 of 15
10,012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith. and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
10,013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement.
10,014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10,015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10,016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encurnber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances Of wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill.
10,018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance,
code or regulation or requiring or calling attention to the need for any work,
repairs, construction, alterations or installation on or in connection with the
Property in order to comply with any laws, ordinances, codes or regulation with
which Seller has not complied.
10.019 There are no unrecorded restrictions, easements or rights of way
(other than existing zoning regulations) that restrict or affect the use of the
Property, and there are no maintenance, construction, advertising,
5
CONSERVATION COLLIER
Property Identification No. 39492280001
Agenda Item No. 16E3
June 24, 2008
Page 11 of 15
management, leasing, employment, service or other contracts affecting the
Property.
10,020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing,
10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall
be in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601,
et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of trtle.
10.024 Any loss andlor damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
automated confirmation of receipt, or by registered, or certified mail. return receipt
requested, postage prepaid, addressed as follows:
If to Purchaser:
Alexandra SUlecki, Coordinator
Conservation Collier Land Acquisition Program
Collier County Facilities Department
3301 Tamiami Trail East
Naples, Florida 34112
6
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--.--J
CONSERVATION COLLIER
Property Identification No. 39492280001
Agenda Item No. 16E3
June 24, 2008
Page 12 of 15
With a copy to:
Cindy M. Erb, SRlWA, Senior Property Acquisition Specialist
Collier County Real Property Management
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
If to Seller:
Marjorie L. Stiffler
Stiffler Specialties, Inc.
6460 NE County Road 337
Bronson, FL 32621
Telephone number: 352-486-2976
Fax number: 352-486-2976
11.02 The addressees and numbers for the purpose of this Article may be
changed by etther party by giving written notice of such change to the other party
in the manner provided herein, For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes,
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
XIII. MISCELLANEOUS
13,01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in wrtting and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties,
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
13,05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
7
.' 'CONSERVATION COLLIER
Property Identification No. 39492280001
Agenda Item No. 16E3
June 24, 2008
Page 13 of 15
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida,
13.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County, (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.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
14,01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated ProjecVAcquisition Approved by BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
TOM HENNING, Chairman
B
CONSERVATION COLLIER
Property Identification No. 39492280001
I
Agenda Item No. 16:E3
June 24, 2008
Page 14 of 15
AS TO SELLER:
DATED: .s--oJ-~ f?
WITNESSES:
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(Signature)
STIFFLER SPECIALTIES INC
a dissolved Florida corpor~lion '
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(printed Nam')
Approved as 10 form and legal sufficiency:
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CONSERVATION COLLIER
Property Identification No. 39492280001
Agenda Item No. 16E3
June 24, 2008
Page 15 of 15
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 39492280001
LEGAL DESCRIPTION:
THE EAST 75 FEET OF THE WEST 180 FEET OF TRACT 26, GOLDEN
GATE ESTATES, UNIT NO. 53, ACCORDING TO PLAT THEREOF
RECORDED IN PLAT BOOK 7, PAGE(S) 93 IN THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
10
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