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Backup Documents 01/14/2020 Item #11D11.D. Recommendation to adopt a Gift and Purchase Resolution for the Vanderbilt Beach Road Extension Project. Project No. 60168 (Collier Blvd. to 16th Street NE and Massey Street) BCC MEETING JANUARY 14, 2020 Vanderbilt Beach Road Extension Project No. 60168 (Collier Blvd. to 16th Street NE and Massey Street) 7 mile extension of the existing roadway: •Four-lane divided urban roadway to Wilson Blvd. •Two lanes from Wilson Blvd to 16th Str. NE •Minor improvements to existing intersecting streets including Weber Boulevard, Massey Street and Douglas Street. •New roadway intersections at Wilson Boulevard, 8th Street N.E. and 16th Street N.E. •A new traffic signal at the Vanderbilt Beach Road/Wilson Boulevard intersection. •Canal relocation to south of the roadway from 29th Street N.W. to 15th Street N.W. BCC MEETING JANUARY 14, 2020 Need for Road Improvements •Growth in Golden Gate Estates •Growth in Rural Land Stewardship Area •Meet Long Range Transportation Plan BCC MEETING JANUARY 14, 2020 Purpose of a Gift and Purchase Resolution 1.Authorizes the purchase of right-of-way for the project. 2.Authorizes the Board’s Chairman to execute purchase agreements at up to 1) 25% above appraised value, or 2) $50,000 above appraised value, whichever is the lesser. 3.Expedites the closing of negotiated settlements. 4.Reduces the possibility of having to condemn settled right-of-way parcels due to time constraints. BCC MEETING JANUARY 14, 2020 BCC MEETING JANUARY 14, 2020 Collier Boulevard to 11th St NW: 11th St NW to 16th St NE: Right-of-Way Acquisition •253 parcels need to be acquired (8 full takes improved with homes). •Width of corridor varies from around 200’ to 225’. •Condemnation resolution to the BCC for consideration in September 2020. •All the right-of-way acquired by August 2021. •Construction to start in December 2021. BCC MEETING JANUARY 14, 2020 11D Recommendation to adopt a resolution superseding Resolution No. 2008-387 and authorizing the acquisition by gift or purchase of fee simple parcels and easements necessary for the construction of roadway, drainage and utility improvements required for the expansion and extension of Vanderbilt Beach Road from Collier Boulevard to 16th Street NE and Massey Street from Vanderbilt Beach Road to south of Mockingbird Drive (Project No. 60168). Estimated fiscal impact: $33,321,305. BCC MEETING JANUARY 14, 2020 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1nn THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE U Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. . Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office b 1E i ' I 20 4. BCC Office Board of County 8S r Commissioners / . . _ ' 11 at 5. Minutes and Records Clerk of Court's Office - I, Li ZO f I:ID PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Michelle L.Sweet Phone Number 252-6027 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC 4�.� D �� I Type of Document Number of Original Attached G Polk Documents Attached PO number or account number if document is to be recorded 0200 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? Oct Roil /p , 2. Does the document need to be sent to another agency for additional signatures? If yes, "'�+� provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. //1 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board �" /k 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. iti 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 144 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. `__ Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! L 8. The document was approved by the BCC on l/t44enter date)and all changes made R/A is during the meeting have been incorporated in the attached document. The County jGr an option-fa Attorney's Office has reviewed the changes,if applicable. is., 9. Initials of attorney verifying that the attached document is the version approved by the N Am BCC,all changes directed by the BCC have been made,and the document is ready for the , option fad Chairman's signature. line. L:Forms/County Forms/BCC Fonns/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 MEMORANDUM 1 1 0 Date: January 21, 2020 To: Michelle Sweet, Property Acquisition Transportation Engineering From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Resolution 2020-15: Gift or Purchase of Easement Parcels for the Vanderbilt Beach Road Extension Attached for your records is a scanned copy as referenced above, (Item #11D) approved by the Board of County Commissioners on Tuesday, January 14, 2020. The original is being kept by the Board's Minutes and Records Department as part of the Board's Official Records. If you have any questions, please call me at 252-8411. Thank you. Attachment RESOLUTION NO. 2020- 1 5 1 1 A RESOLUTION SUPERSEDING RESOLUTION NO. 2008-387 AND AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF FEE SIMPLE AND EASEMENT PARCELS NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR THE EXPANSION AND EXTENSION OF VANDERBILT BEACH ROAD FROM COLLIER BOULEVARD TO 16TH STREET NE AND MASSEY STREET FROM VANDERBILT BEACH ROAD TO SOUTH OF MOCKINGBIRD DRIVE (PROJECT NO. 60168). WHEREAS, the expansion and extension of Vanderbilt Beach Road from Collier Boulevard to 16th Street NE and Massey Street from Vanderbilt Beach Road to south of Mockingbird Drive (Project No. 60168) (hereinafter referred to as "the Project"), is included in Collier County's Five-Year Transportation Work Program; and WHEREAS, plans and specifications have been prepared for construction of the Project; and WHEREAS, construction of the Project will require the acquisition of fee simple and perpetual and temporary easement interests; and WHEREAS, on December 16, 2008 the Board adopted Resolution No. 2008-306 authorizing the acquisition of fee simple and easement parcels necessary for the expansion and extension of Vanderbilt Beach Road from Collier Boulevard to the Corkscrew Canal; and WHEREAS, the Board desires to extend the limits of acquisition and delegation of purchasing and settlement authority for the Project from the Corkscrew Canal to 16th Street NE and along Massey Street from Vanderbilt Beach Road to south of Mockingbird Drive; and WHEREAS,the expansion and extension of Vanderbilt Beach Road from two lanes to four lanes (and, ultimately, six lanes) from Collier Boulevard to 16th Street NE and improvement of Massey Street from Vanderbilt Beach Road to south of Mocking Bird Drive,within the boundaries depicted in Exhibit "A" attached hereto and incorporated herein, is necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the County's Growth Management Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has determined that the expansion and extension of Vanderbilt Beach Road from Collier Boulevard to 16th Street NE and Massey Street from Vanderbilt Beach Road to south of Mockingbird Drive as part of the Vanderbilt Beach Road Extension Project(Project No. 60168) is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. 2. The acquisition of fee simple and easement parcels for construction of the Project is an integral part of the County's long-range planning effort and is included in the Capital Improvement Element of the Collier County Growth Management Plan, as approved by the Florida Department of Economic Opportunity. 3. It is necessary and in the best interest of Collier County for the Board to authorize the acquisition of fee simple parcels,permanent easements for road right-of-way,drainage,utility, and boat ramp purposes, and temporary easements for construction and driveway restoration purposes necessary for the construction of the Project within the project boundaries identified in Exhibit "A"(attached hereto and by reference made a part hereof),and the County Manager or his designee is hereby authorized and directed to acquire said fee simple and easement parcels by either gift or purchase. 4. The Board hereby directs the County Manager or his designee to make purchase offers to property owners for the fee simple and easement parcels required to construct the Project, which [I 9-ECM-02446/1506662/1] -Page 2- 110 offers shall be based upon estimates of the market value of the subject real estate which have been developed by licensed state-certified general real estate appraisers. 5. In view of the differences of opinions between real estate appraisers regarding market value and full compensation to property owners, and in view of the cost of condemnation, the Board hereby authorizes the County Manager or his designee to approve purchases of fee simple and easement parcels where the property owner has agreed to sell to the County at, or up to twenty five percent (25%) above the County's appraiser's estimate of full compensation, with the maximum approval authority not to exceed $50,000 over the County's appraiser's estimate of full compensation, and the Board hereby authorizes the approval and execution of closing statements related to said transactions by the County Manager or his designee. Any and all purchases in excess of one- hundred-twenty-five percent (125%) of the County's appraiser's estimate of full compensation, or over $50,000 above the County's appraiser' estimate of full compensation, whichever amount is the lesser of the two, shall require separate Board approval. Such purchase approvals are hereinafter referred to as "Administrative Settlements." 6. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of the Project, upon the approval of the Office of the County Attorney as to form and legality, to execute purchase agreements, easement agreements, and subordinations of utility interests incorporating agreements for reimbursement for facilities relocation, in substantially the same form as the Sample Purchase Agreements, attached hereto and made a part hereof as Exhibits "Bl", B2", "B3" and "B4", and that Sample Subordination of Utility Interests and Agreement for Reimbursement for Additional Facilities Relocation, attached hereto and made a part hereof as Exhibit "C", and/or other documents approved by the Office of the County Attorney to close real [19-ECM-02446/1506662/1] -Page 3- 110 estate transactions, where the property owner has agreed to sell to the County at appraised value, or within the Administrative Settlement provisions of Paragraph 5 (above). 7. Said Administrative Settlement authority is delegated by the Board to the extent that such delegation does not conflict with the provisions of Section 125.355, Florida Statutes. 8. The Board hereby authorizes the Finance Department to issue warrants, and/or to make wire transfers, payable to the property owner(s) of record, to title companies and attorneys closing real estate transactions, and to others who may possess an equitable interest in the subject real property parcels in those amounts as shall be specified on a closing statement. 9. All title to real property which has been acquired in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, conveyance instruments such as deeds, easements, as well as any other instruments that may be required to remove,release or subordinate the lien of any encumbrance on the subject real estate, in order to effect constructive notice of the County's interest in real property. 11. Resolution No. 2008-387 is hereby repealed in its entirety. This Resolution, adopted on this I'4 ' day of Joit,�,Q` , 2020 after motion, second' d majority vote. • ATTEST BOARD OF COUNTY COMMISSIONERS ` RYSTAIr,K"KINZEL, Clerk of the OF COLLIER COUNTY, FLORIDA Circ . t: 1irt& Comptroller .t.. By: _ 'S .S to Chairman's Burt L.Saunders Signature only, Chairman A!pro. 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I1!LL , ,I . z jP -1iilIj Ir `' GA18 2131110 " -- . ;1. ,._ tgi _.. ....II.,..:=... _.._W 110 EXHIBIT "B1 " SAMPLE PURCHASE AGREEMENT (Partial Acquisition — Fee Simple) PROJECT: 60168 Vanderbilt Beach Road Ext. PARCEL: FOLIO NO.: PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into on this day of , 20_, by and between , whose mailing address is (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase a portion of Seller's property as described on attached "Exhibit A" which is incorporated herein by reference, together with all structures and improvements thereon (hereinafter referred to as "the Property"); and WHEREAS, Seller has agreed to sell, and Purchaser has agreed to purchase the Property subject to the terms and conditions that follow. 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be and 00/100 DOLLARS ( $ ) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for 110 in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 3. CLOSING A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE", "DATE OF CLOSING", or "CLOSING") of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty (30) days of receipt by purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: �. General Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 6. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. 2 110 C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant or wire transfer in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification that there has been no adverse change to the state of the title to the Property since the date of the last title commitment, referenced in Paragraph 5 "Title Defects" below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. F. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due upon the recording of the General Warranty Deed, in accordance with Chapter 201, Florida Statutes, unless the Property is acquired under threat of condemnation. 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to Purchaser's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: 3 110 A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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 may terminate the Agreement. 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained, the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.B shall equally apply, and Seller's sole remedy shall be a claim for payment of $500 as liquidated damages. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default or termination without cause 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. 4 110 C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective 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. D. Seller 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. E. 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 5 iio H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. I. Seller has no knowledge that the Property, and/or that 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. J. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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. L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6 110 8. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. B. 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. D. 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. 9. 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 s. 286.23, Fla. Stat., under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property before 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.) IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. [SIGNATURE PAGE TO FOLLOW] [19-ECM-02446/1506664/1] 7 110 AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Comptroller BY: BY: Deputy Clerk Burt Saunders Chairman AS TO SELLER: DATED: WITNESSES: BY: (Signature) (Printed Name) (Signature) (Printed Name) Approved as to form and legality: Assistant County Attorney [19-ECM-02446/1506664/1] 8 110 EXHIBIT "B2" SAMPLE PURCHASE AGREEMENT (Full Acquisitions - Fee Simple) Paragraphs and phrases containing references to buildings, systems, equipment, fixtures, appliances, moving expenses and extended possession will be deleted if not applicable. PROJECT: 60168 Vanderbilt Beach Road Ext. PARCEL: FOLIO NO.: PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into on this day of , 20_, by and between , whose mailing address is (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Seller owns certain improved property located at , and more particularly described as: together with all buildings, structures and improvements, fixtures, built-in appliances, refrigerators, stoves and cook-tops, oven ranges, dishwasher, washer, dryer, ceiling fans, floor coverings and window treatments (hereinafter collectively referred to as "the Property"); and WHEREAS, Purchaser requires the Property for stormwater retention purposes as part of the Vanderbilt Beach Road Ext Project No. 60168 [DELETE IF NOT APPLICABLE]; and WHEREAS, Seller has agreed to sell and Purchaser has agreed to purchase the Property subject to the terms and conditions that follow; and WHEREAS, Seller desires to remain in possession of the residence located on the Property and has requested the right to occupy the premises for a term of , to which request Purchaser has agreed. 110 NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be and 00/100 DOLLARS ($ )(U.S. Currency) payable at time of closing. The Purchase Price is subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement and was agreed upon by the parties hereto with full consideration having been given to the value of the extended possession and moving expenses. The Purchase price shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including but not limited to moving expenses, attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 3. CLOSING A. TIME IS OF THE ESSENCE. Therefore, the Closing ("Closing Date", "Date of Closing", or "Closing") of the transaction shall be held on or before one-hundred- twenty (120) days following execution of this Agreement by Purchaser or within thirty (30) days of receipt by Purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession as of Closing, unless otherwise provided herein. Seller shall deliver the Property in broom-clean and working condition, and free of all debris upon vacating the premises. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. No less than three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: [19-ECM-02446/1506665/1] 2 110 1. General Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 6. Certificate of Insurance. 7. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification that there has been no adverse change to the state of the title to the Property since the date of the last title commitment, referenced in Section 8 "Requirements and Conditions for Closing" below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. E. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due upon the recording of the General Warranty Deed, in accordance with Chapter 201 , Florida Statutes, unless the Property is acquired under threat of condemnation. The cost of a title insurance commitment shall be paid by Purchaser along with the cost of an Owner's Title Insurance Policy, issued pursuant to the Commitment provided for in Section 8, "Requirements and Conditions for Closing". Furthermore, there shall be deducted from the proceeds of sale all past due and prior year ad valorem and non-ad valorem taxes and assessments levied against the Property which remain unpaid as of the date of Closing. F. Real Property taxes shall be prorated based on the current year's tax and paid by Seller. If Closing occurs at a date upon which the current year's millage is not fixed, taxes will be prorated based upon the prior year's millage. [19-ECM-02446/1506665/1] 3 110 G. A Security Deposit in the amount of ($ ) will be withheld from Seller's closing proceeds to be held by Purchaser during the Seller's occupancy in accordance with the provisions of Section 4B (below). 4. OCCUPANCY BY SELLER AFTER CLOSING A. Seller may occupy the Property after Closing until , 20 (the "Term"). B. At Closing, the sum of ($ ) will be withheld by Purchaser as security for any damages suffered by the Property during the Seller's occupancy ("Security Deposit"). The Security Deposit will be paid to Seller at the end of its Term of occupancy, provided there has been no damage to the Property caused by the negligence or intentional acts of Seller or anyone acting with Seller's knowledge and consent. Upon the vacating of the Property, the Purchaser will have twenty (20) days to return the Security Deposit or give Seller written notice of Purchaser's intention to impose a claim upon the Security Deposit. In the event Purchaser intends to impose a claim upon a part or all of the Security Deposit, it will provide Seller with an explanation of the damage, an estimate of repair and an accounting of the deposit balance. C. When the Property is partly damaged or destroyed by fire or other casualty not due to Seller's willful or negligent act or that of anyone on the Property with the knowledge or consent (actual or implied), of Seller, Purchaser will make repair as soon as reasonably possible. Purchaser shall also be responsible for the repair to fixtures or appliances in excess of the limit set forth in Section 4F (below), provided such repair is not necessitated by Seller's misuse, waste or neglect of the Property, or that of anyone on the Property with Seller's knowledge and consent (actual or implied). If the Property is rendered un-inhabitable due to fire, storm or other casualty, then this Agreement shall automatically terminate, with the sole duty of Purchaser then being to refund to Seller the security deposit, plus accrued interest. Purchaser shall not be liable for any damage or injury to Seller and his or her property by reason of any water damage sustained by Seller and his or her property, or by reason of the breakage, leakage, or obstruction of water and sewer lines or other breakage in or about the Property. D. Seller agrees to pay all utility services as they come due, including electricity, telephone, gas, cable television, water, sewer, and solid waste collection, and shall arrange for a final billing and payment of same at the time Seller vacates the Property. Seller acknowledges that Purchaser will deduct all such unpaid bills from the Security Deposit. Seller shall keep the property free from pests and insure that [19-ECM-02446/1506665/1] 4 110 the air conditioning system is in operation to maintain a reasonable room temperature until the Seller vacates the property. E. Seller will use the Property only as its primary residence. Seller is prohibited from allowing persons, other than its immediate family members, to reside on the Property. F. Seller shall maintain the Property, including all Systems and Equipment as defined herein below, in clean and working condition at all times. Seller shall use all Systems and Equipment in a reasonable manner. Seller shall immediately make and pay for all required repairs to the plumbing, range, heating apparatus, washer- dryer, air conditioning, refrigerator, dishwasher and electric and gas fixtures, provided the cost of said repairs does not exceed Ten Thousand Dollars ($10,000.00). Purchaser reserves the right to enter upon the Property and repair, at the Seller's expense, all damage or injury to the fixtures and appliances in the event Seller fails to effect repairs after 10 days' notice. Purchaser's election not to effect repairs shall not relieve Seller of its obligation to repair or subject Purchaser to liability for its election. G. Seller shall comply with all governmental regulations concerning the use of the Property and not permit or suffer any illegal activity or use, or permit to be made any disturbance, noise or nuisance whatsoever, which would be detrimental to the peace, quiet and comfort of other persons in the vicinity of the Property or affect the insurance risk factor to the Property. H. Seller shall permit Purchaser's agent or employee to enter the Property at any reasonable time, upon 24 hours' notice, during the term of this Agreement to inspect the Property or make any needed repairs. I. Seller will surrender possession of the Property at the expiration the Term, as may be extended, in as good a condition as of the Effective Date, reasonable wear and tear and acts of God excepted. J. Seller shall not alter or make additions to the Property without the Purchaser's consent. Seller shall not deface, damage or remove any part of the Property or permit any person to do so, nor shall any of the appliances listed on Exhibit "B" be replaced without the Purchaser's consent. K. Seller shall be deemed in default of this Agreement if Seller fails to perform any of the covenants, promises or obligations contained in this Section for a period of ten (10) days after notice of such default. Upon Seller's default, Purchaser may terminate this Agreement upon twenty (20) days written notice to Seller, re-enter and take possession of the Property, whereupon the term thereby granted and all rights of Seller to occupy the Property shall terminate. The Seller shall remain liable for any damage suffered by the Property because of Seller's breach of any of the covenants of this Agreement, and such termination shall be without prejudice to the [19-ECM-02446/1506665/1] 5 fro Purchaser's right to collect said damages. Purchaser and Seller shall have the right to pursue any and all remedies available under this Agreement or applicable law. L. Seller shall be required to maintain insurance on the Property during the entire Term, as may be extended, which policy shall include contents coverage of $100,000, premises liability with limits of $300,000, and loss of use coverage. Purchaser will be named as an additional insured and the policy premium for the Term of occupancy will be paid in advance at Closing. Seller will be required to provide a certificate of insurance prior to Closing. M. The terms and conditions contained in this Section shall survive Closing and are not deemed satisfied by conveyance of title. 5. PROPERTY CONDITION DISCLOSURES [DELETE FOR UNIMPROVED PROPERTIES] A. General. Seller represents that Seller knows of no facts or conditions materially affecting the value of the Property, except those which are readily observable by Purchaser, or which have been disclosed to Purchaser by Seller in writing and furnished to Purchaser prior to the Effective Date of this Agreement. B. Radon Gas. Florida law requires the following disclosure: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. Seller has no knowledge of the existence of radon on the Property or any radon mitigation having been performed on the Property. C. Lead Based Paint/Paint Hazards. If construction of the residence on the Property was commenced prior to 1978, Seller is required to complete, and Seller and Purchaser are required to sign and attach to this Agreement, the addendum entitled "Lead-Based Paint and/or Lead-Based Paint Hazards Attachment to Sales Contract: Disclosure of Information and Acknowledgement." D. Mold. Molds are commonly found both indoors and outdoors. Interior infestation by certain molds may cause property damage and health problems for some persons. Seller has no knowledge of any mold remediation having been performed on the Property. E. Warranty. Except as to any facts or conditions disclosed to Purchaser as required under Section 5.A. above, Seller warrants that all major appliances and equipment; sprinkler, well, septic, heating, cooling, electrical and plumbing and security systems; major mechanical components; roof (including fascia and soffits); ceiling; structural walls; foundation; swimming pool, spa and pool/spa deck; [19-ECM-02446/1506665/1] 6 110 seawalls; docks; boat lifts/davits and related electrical and mechanical components, if any (collectively "Systems and Equipment") are in Working Condition. "Working Condition" shall mean operating in a manner in which the Systems and Equipment were designed to operate. The roof, ceiling, interior and exterior walls, foundation, swimming pool, spa and pool/spa deck, if any, shall be considered in Working Condition if structurally sound and watertight. Seawalls and docks, if any, shall be considered in Working Condition if structurally sound. Seller shall not be required to repair or replace any Cosmetic Condition. "Cosmetic Condition" shall mean an aesthetic imperfection which does not affect the Working Condition of the item, including corrosion; tears; worn spots; discoloration of floor covering or wallpaper or window treatments; missing or torn screens; nail holes; scratches; dents; chips; caulking; pitted pool surfaces; minor cracks in windows, driveways, sidewalks, spa/pool decks and garage, tile, lanai and patio floors; and cracked roof tiles, curling or worn shingles and limited roof life, so long as there is no evidence of structural damage or leakage. 6. INSPECTIONS A. Inspection Period. Purchaser shall have sixty (60) days from the Effective Date (Inspection Period) to determine through appropriate investigation and inspection that the Property is in compliance with all applicable State and Federal environmental laws and free of any Hazardous Materials. Upon reasonable notice, Seller will provide Purchaser, and its agents, with access to the Property for purposes of surveying, soil borings, site inspection and analysis. B. Election and Response. If Purchaser is not satisfied, for any reason, with the results of this investigation, Purchaser may elect to terminate this Agreement, without penalty, by giving written notice of its intent to terminate prior to expiration of the Inspection Period. Purchaser may elect to suspend its Notice of Termination if Seller notifies Purchaser in writing within ten (10) days thereafter that Seller agrees to promptly carry out, at its sole expense, all further investigations and remediation of the Property as necessary to make the Property acceptable to Purchaser (hereinafter "Remedial Action") within a time period acceptable to Purchaser. As a condition precedent for suspension of the Notice of Termination, the parties shall agree to the specific term of such suspension and what will render the Property acceptable to Purchaser. C. "Hazardous Materials" means any substance: (1) the presence of which requires investigation, remediation, or is, or becomes regulated under any federal. state, or local law, regulation, order or policy; or (2) which is or becomes defined as a hazardous substance, pollutant or contaminant under federal, state or local law or regulation; or (3) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous, or threatens the health or safety of persons on or about the Property, and is being regulated by any governmental authority in the state of Florida. [19-ECM-02446/1506665/1] 7 110 F. No cost to repair or replace any Systems and Equipment shall exceed the fair market value of that item if it were in Working Condition. If the costs do exceed fair market value, then either Seller or Purchaser may elect to pay such excess, failing which, either party may terminate this Agreement upon written notice. G. Walk-Through Inspection. Purchaser (or a designated representative) may conduct a walk-through inspection of the Property prior to Closing and prior to possession, to confirm: (1) completion of any Remedial Action agreed to by Seller in Section 6.B "Election and Response" above, (2) that the personal property items which are being conveyed as part of this Agreement remain on the Property, (3) that the personal property items which are not being conveyed as part of this Agreement have been removed from the Property, and (4) that Seller has maintained the Property as required in Sections 4 and 7. Upon reasonable notice, Seller shall provide access and utilities service to the Property to facilitate the walk-through inspection. H. Inspections during Occupancy. Purchaser may enter upon the Property with at least 24-hour notice to Seller for purposes of inspecting the Property for compliance with the terms of Section 4 of this Agreement or effecting repairs. 7. RISK OF LOSS Seller shall maintain the Property (including without limitation the lawn, shrubbery, and landscaping) in the condition existing on the Effective Date until Closing or date of Purchaser's possession, whichever is later, except for ordinary wear and tear and any Remedial Action agreed to by Seller under Section 6.B above. Any future loss and/or damage to the Property between the Effective Date and the Closing or date of Purchaser's possession, whichever is later, shall be at Seller's sole risk and expense. 8. REQUIREMENTS AND CONDITIONS FOR CLOSING Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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 [19-ECM-02446/1506665/1] 8 110 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 may terminate the Agreement. C. Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the Effective Date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. If the survey provided by Seller or obtained by Purchaser, as certified by a licensed 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, within sixty (60) days from the Effective Date of this Agreement, 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. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within sixty (60) days, Purchaser 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, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period. 9. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. except as set forth in Section 10 hereof, "Real Estate Brokers". C. The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies [19-ECM-02446/1506665/1] 9 11D to each of the parties and take into account the peculiar risks and expenses of each of the parties. 10. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES Seller intends for Purchaser to rely on the representations contained in this Section in entering into this Agreement and warrants the following: A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this Section are true on the Effective 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. D. Seller 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. E. 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. [19-ECM-02446/1506665/1] 10 110 H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. I. Seller has no knowledge that the Property, and/or that 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. J. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefore, 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. L. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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 [19-ECM-02446/1506665/1] 11 110 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. M. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11. NOTICES 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 registered or certified mail, return receipt requested, postage prepaid or personal delivery addressed as follows: If to Purchaser: Transportation Engineering Division Attn: Robert Bosch Right-of-Way Acquisition Manager 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239-252-5843 Fax 239-252-5885 With a copy to: Office of the County Attorney Attn: Jeff Klatzkow County Attorney 3299 Tamiami Trail East Suite 800 Naples, Florida 34112 Telephone 239-252-8400 Fax 239-252-0225 If to Seller: Telephone: Fax [19-ECM-02446/1506665/1] 12 110 With a copy to: The addressees, addresses and numbers for the purpose of this Section may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addressees, addresses and numbers 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. Notice shall be deemed given in compliance with this Section upon receipt of automated fax confirmation or upon on the fifth day after the certified or registered mail has been postmarked, or physical receipt by hand delivery. 12. REAL ESTATE BROKERS All brokerage commissions or fees shall be the sole responsibility of the Seller and shall be paid at Closing. Seller shall indemnify Purchaser from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been a procuring clause or engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. 13. MISCELLANEOUS A. This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. B. This Agreement and the terms and provisions hereof shall be effective as of the Effective Date 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. C. Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. D. 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. E. 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. F. 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. [19-ECM-02446/1506665/1] 13 110 G. 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. H. 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 s. 286.23, Fla. Stat., under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property before 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.) I. This Agreement is governed and construed in accordance with the laws of the State of Florida. J. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. K. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. L. TIME IS OF THE ESSENCE to this Agreement. M. Seller may not assign, sublease, or license any rights arising under this Agreement without the written consent of the Purchaser. N. The parties hereto agree and acknowledge that this Agreement is not a lease but rather a contract for occupancy (extended possession) of the Property as a condition of sale which is not subject to Chapter 83, Florida Statutes. The parties do not intend to invoke any of the obligations or remedies contained in Chapter 83, and the terms and conditions contained herein shall be construed in accordance with the parties' intent and shall be given their plain meaning without reference or application of s. 83.43, Fla. Stat., or any other portion of Chapter 83. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. [SIGNATURE PAGE TO FOLLOW] [19-ECM-02446/1506665/1] 14 I 1a AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Comptroller BY: BY: Deputy Clerk , Chairman AS TO SELLER: DATED: WITNESSES: (Signature) Seller (Printed Name) (Signature) (Printed Name) Approved as to form and legality: Assistant County Attorney [19-ECM-02446/1506665/1] 15 110 EXHIBIT "B3" SAMPLE PURCHASE AGREEMENT (Perpetual Easement) PROJECT: 60168 Vanderbilt Beach Road Ext. PARCEL: FOLIO NO: EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 20 , by and between , whose mailing address is (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires [INSERT PURPOSE OF EASEMENT] (hereinafter referred to as the "Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Seller desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Seller for conveyance of the Easement. 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. RECITALS - 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. PURCHASE PRICE - Seller shall convey the Easement to Purchaser for the sum of: $0.00 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 Seller, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, 11D Page 2 trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Seller's remaining lands, costs to cure, including, but not limited to, the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), 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. CLOSING DOCUMENTS AND CLEAR TITLE - Seller 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. Prior to Closing and as soon after the execution of this Agreement as is possible, Seller shall provide Purchaser with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) [DESCRIPTIVE TITLE OF EASEMENT] Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting Purchaser's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Seller 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. TIME IS OF THE ESSENCE - Both Seller and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of Seller's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Seller in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Seller agrees to relocate any existing irrigation system located on the Property including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from Purchaser. Purchaser assumes full responsibility 110 Page 3 for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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 Seller elects to retain improvements and/or landscaping ("Improvements") located on the Property (if any), Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of all improvements located within the Easement area, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the Purchaser's contractor. All improvements not removed from the Property prior to commencement of construction of the project shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Seller and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Seller agrees, represents and warrants the following: (a) Seller has full right, power and authority to own and operate the property underlying the Easement, 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 Seller hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Seller 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, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, 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. 110 Page 4 (f) Seller 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 Easement or which adversely affect 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. (g) Purchaser is entering into this Agreement based upon Seller's representations stated in this Agreement and on the understanding that Seller 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, 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 adversely affect the physical condition of the Property or its intended use by Purchaser. (h) The Property, 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 except as specifically disclosed to the Purchaser; that the Seller has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement Property to be sold to the Purchaser, that the Seller 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. INDEMNIFICATION - Seller 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 Seller's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - Purchaser shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the 110 Page 5 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 Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. Purchaser shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Seller shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - 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. PUBLIC DISCLOSURE - 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, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property before the Easement held in such capacity is conveyed to Purchaser. (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. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by Seller 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 Seller and Purchaser. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. iia Page 6 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. VENUE - 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: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Comptroller BY: BY: Deputy Clerk , Chairman AS TO SELLER: DATED: Witness (Signature) Seller Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legality: Assistant County Attorney 1i0 EXHIBIT "B4" SAMPLE PURCHASE AGREEMENT (Temporary Easement) PROJECT: 60168 Vanderbilt Beach Road Ext. PARCEL: FOLIO NO: TEMPORARY EASEMENT AGREEMENT THIS TEMPORARY EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this day of , 20 by and between , whose mailing address is (hereinafter referred to as "Seller") and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a Temporary Easement (hereinafter referred to as "Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the Property), which is attached hereto and made a part of this Agreement, for the purpose of[INSERT EASEMENT PURPOSE]; subject to the restrictions contained herein; and WHEREAS, Seller desires to convey the Easement to the Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Seller for conveyance of the Easement. 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. RECITALS - 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. PURCHASE PRICE - Seller shall convey the Easement to Purchaser for the sum of: 110 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 Seller, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Seller's remaining lands, costs to cure, including, but not limited to (if applicable), 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 Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. CLOSING DOCUMENTS AND CLEAR TITLE - Prior to Closing and as soon after the execution of this Agreement as is possible, Seller shall provide Purchaser with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to Purchaser (hereinafter referred to as "Closing Documents"): (a) Temporary Easement; (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 Purchaser 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. TIME IS OF THE ESSENCE - Both Seller and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of Purchaser's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Seller in that amount shown on the Closing Statement as "Net Cash to the Seller. 5. MISCELLANEOUS REQUIREMENTS - Seller 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. 110 6. REPRESENTATIONS AND WARRANTIES - Seller agrees, represents and warrants the following: (a) Seller has full right, power and authority to own and operate the Property to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Seller hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Seller 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, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, 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) Seller 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 Purchaser'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 Seller's representations stated in this Agreement and on the understanding that Seller 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, 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 physical condition of the Property or its intended use by Purchaser. 110 (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; the Seller has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement to be conveyed to the Purchaser; the Seller 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. 7. INDEMNIFICATION - Seller 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 Seller's representations under paragraph 6(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. CURATIVE INSTRUMENTS, TAXES - Purchaser shall pay all fees to record any curative instruments required to clear title, and all Easement recording fees. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Seller shall pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 9. TERM OF EASEMENT - The term of the Easement shall commence upon the issuance of Purchaser's official Notice to Proceed to its roadway contractor for the construction of the Vanderbilt Beach Road Extension Project No. 60168 and shall automatically terminate three (3) years therefrom. 10. EFFECTIVE DATE - 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. PUBLIC DISCLOSURE - 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, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property held in such capacity before the Easement is conveyed to Purchaser, its 110 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. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by the Seller 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 Seller and Purchaser. 13. SEVERABILITY - 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. VENUE - 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk , CHAIRMAN AS TO SELLER: DATED: 1 1 D Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legality: Assistant County Attorney 110 EXHIBIT "C" SAMPLE SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT, entered into this day of ,20_,by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), and [NAME OF UTILITY PROVIDER] (hereinafter referred to as "Utility"). WITNESETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for [SPECIFY PURPOSE];and WHEREAS, the proposed use of these lands for [SPECIFY PURPOSE] will require subordination of the interest claimed in such lands by Utility to the County; and WHEREAS,the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of-way to prevent conflict between the County's use and the Utility's use,and for the benefit of each, and WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit "A",attached hereto and made a part hereof. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on"EXHIBIT A" attached hereto and made a part hereof, to the interest of the County, or its successors, for the purpose of constructing, improving, maintaining and operating a road over,through,upon,and/or across such lands,based on the following: NATURE OF DATE FROM OR AGAINST IN FAVOR OF RECORDED ENCUMBRANCE BOOK,PAGE The County and the Utility further agree that: 1. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A" and which includes the Utility's easements identified above and additional lands for public right-of-way, as described in Exhibit"A",attached hereto and made a part hereof. 2. The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on,within,and upon the public right-of-way described in Exhibit"A",in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities. In addition, the Utility retains the right to be reimbursed, either now or in the future, for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit "A", if such relocation or 110 adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including, but not limited to,the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit"A"for the purposes outlined in Paragraph 2 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities. The County shall provide and insure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct, operate, maintain, improve, add to, upgrade or remove its facilities on the said public right-of-way. 6. This Agreement shall not be assigned by the County except to the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations on the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,Clerk COLLIER COUNTY,FLORIDA BY: , Deputy Clerk ,CHAIRMAN Signed, sealed and delivered [NAME OF UTILITY PROVIDER] in the presence of: By: By: Title: Print Name: Print Name: By: Print Name: (Corporate Seal) STATE OF COUNTY OF I hereby certify that on this day,before me,an officer duly authorized to take acknowledgements,personally appeared ,to me known and personally known to me to be the person described in, and did not take an oath and who executed the foregoing instrument as the of and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this day of ,20_. (affix notarial seal) (Signature of Notary Public) 2 Utility Subordination Agreement 110 (Print Name of Notary Public) Serial/Commission#(if any): My Commission Expires: Approved as to form and legality: Assistant County Attorney 3 Utility Subordination Agreement ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 1 D Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routingiines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office Jennifer Belpedio Q to l a0 a O 4. BCC Office Board of County Commissioners �j.y •�`� 5. Minutes and Records Clerk of Court's Office /, J7, .Yt ..: )or PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Mark Groves Phone Number 239-252-5861 Contact/Department Transportation Engineering-ROW Agenda Date Item was 1/14/2020 Agenda Item Number Resolution 2020-015 Approved by the BCC Item 11D Type of Document Purchase Agreement Number of Original Attached Documents Attached 1 PO number or account PLEASE DO NOT RECORD number if document is PURCHASE AGREEMENT to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 5\44 me QV\ rig 2. Does the document need to be sent to another agency for additional signatures? If yes, N (AI provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed rift by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N n 5. The Chairman's signature line date has been entered as the date of BCC approval of the ^ document or the final negotiated contract date whichever is applicable. C)j/ 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. ^flg 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain t' I A time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 1/14/2020 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 4 0 ,1 option for Chairman's signature. "• line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 110 MEMORANDUM Date: September 11, 2020 To: Mark Groves, Property Acquisition Specialist Transportation Eng. - ROW From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Purchase Agreement— Project #60168 Parcel: 1210FEE - Folio #37442960001 Attached is a scanned copy of the agreement referenced above, (Agenda Item #1D) approved by the Board of County Commissioners on Tuesday, January 14, 2020. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment I1D PROJECT NO.: 60168 Vanderbilt Beach Road Ext. PARCEL NO.: 1210FEE FOLIO NO.: 37442960001 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into on this day of , 2020, by and between ALFREDO MEDINA and YOHANKA MEDINA, husband and wife, whose mailing address is 2760 4th Avenue SE, Naples, FI 34117 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase a portion of Seller's property as described on attached "Exhibit A"which is incorporated herein by reference, together with all structures and improvements thereon (hereinafter referred to as "the Property"); and WHEREAS, Seller has agreed to sell, and Purchaser has agreed to purchase the Property subject to the terms and conditions that follow. 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be Fifty-Two Thousand Five Hundred and 00/100 DOLLARS ($52,500) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 110 3. CLOSING A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE", "DATE OF CLOSING", or "CLOSING") of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty (30) days of receipt by purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: 1. General Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 6. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant or wire transfer in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is '' verification that there has been no adverse change to the state of the title to the 2 110 Property since the date of the last title commitment, referenced in Paragraph 5 "Title Defects" below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Satisfaction 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 as payoff, paydown, or 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 Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to Purchaser's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 3 r 0ff' I 1 a 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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 may terminate the Agreement. 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained, the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.B shall equally apply, and Seller's sole remedy shall be a claim for payment of $500 as liquidated damages. The parties acknowledge and agree that Seller's actual 4 1 1 D damages in the event of Purchaser's default or termination without cause 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. C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective 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. D. Seller 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. E. 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any 110 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. H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. I. Seller has no knowledge that the Property, and/or that 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. J. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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. 6 kg) 11D L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. B. 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. D. 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. 9. PUBLIC DISCLOSURE. 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 s. 286.23, Fla. Stat., under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property before 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.) IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. I 1 0 AS TO PURCHASER: DATED: 9l3�a'C��L� ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Co troller BY: Deputy %fit aS to Chairman's BURT L. SAUNDERS, Chairman signature only. AS TO SELLER: DATED: 4 13 \ 202 0 WITNESSES: J Aid J By: (Signature) Alfredo Medina RNA( Ri-Vr..V3 (Printed Name) cti 'DI LA.4 Signature) r ) ('+! (Printed Name) n� 8 110 WITNESSES: By: (Signature) Yohanka Medina gyrao (Printed Name) t-tdt ,` r frLc41 (Signature) (Printed Name) Approved as to form and legality: .fennifer A. Belpedio a(3'j Assistant County Attorney 1''�� 9 GQ' PROJECT NO.: 60168 Vanderbilt Beach Road Ext. 1 1 PARCEL NO.: 1210FEE FOLIO NO.: 37442960001 STATE OF FLORIDA COUNTY OF COLLIER GRANTOR'S NON-FOREIGN TAXPAYER IDENTIFICATION & "GAP" AFFIDAVIT The undersigned, ALFREDO MEDINA and YOHANKA MEDINA, husband and wife (collectively, "Grantor"), after being duly sworn, deposes and says: 1. Grantor is the fee simple owner and the only owner of the property located in Collier County and described in Exhibit "A" attached hereto ("Property"). 2. Grantor's Legal Name is: ALFREDO MEDINA and YOHANKA MEDINA 3. Grantor's address is: 2760 4TH Avenue SE, Naples, Fl 34117 4. Section 1445 of the Internal Revenue Code requires a transferee of a U.S. real property interest to withhold tax if the transferor is a foreign person. For U.S. tax purpose (including Section 1445), the owner of a disregarded entity having legal title to a U.S. real property interest under local law will be the transferor of the property and not the disregarded entity. To inform Collier County, as transferee, that withholding of tax is not required upon disposition of the Property, Affiant affirms that the following is true: a. Grantor is not a non-resident alien (if individual) or a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined by the Internal Revenue Code and Income Tax Regulations) for purposes of U.S. income taxation. b. Grantor is not a disregarded entity as defined in s.1.1445-2(b)(2)(iii). (NOTE: A disregarded entity for these purposes means an entity that is disregarded as an entity separate from its owner under s.301.7701-3, a qualified REIT subsidiary as defined in s. 856(i), or a qualified subchapter S subsidiary under s.1361(b)((3)(B). 5. For purposes of reporting this Transaction to the Internal Revenue Service on Form 1099-S, the Property is Grantor's (check one) Principal Residence X Other real estate 6. Grantor is in sole constructive or actual possession of the Property, and there is no other person or entity that has any possessory right in the Property. S 110 16. Grantor shall indemnify, defend and hold Collier County harmless against and from any and all damages, claims, liabilities, actions, expenses, penalties, fines and costs (including attorney's fees and expenses) incurred by or asserted against Collier County by reason of or arising out of the breach of Grantor's representations under Paragraph 15 above, irrespective of whether Affiant was negligent in the making of these representations. 17. There are no unrecorded deeds, judgments, liens, mortgages, easements or rights of way for users, claims, boundary line or other disputes, or demands of any nature asserted against or affecting the Property. 18. There are no matters pending against Grantor that could give rise to a lien that would attach to the Property, or cause a loss of title, or impair title between the effective date of the title insurance commitment (or title search showing ownership and encumbrances) and the time of recording of the instruments evidencing the County's fee simple or other interests in the Property; and that Grantor has not executed and will not execute any instrument that would adversely affect the title to the Property from the date of this Affidavit forward. 19. If the conveyance is of fee simple and by purchase, Grantor agrees that in the event the current real and personal property taxes vary in amount from the figures used in making the prorations used in closing the conveyance of the Property to County, then a new proration and a correct and proper adjustment shall be made upon demand. Grantor understands that all taxes, maintenance charges and assessments due from Grantor for which a bill is rendered prior to closing will be charged against Grantor on the closing statement. 20. If the Property is improved property, then Affiant is the owner of said property, and there are no claims, liens, security interests, claims or demands of any kind against the furniture, equipment, fixtures and personal property located on the Property and being sold as part of this transaction. 21. If the subject Property hereto is rental property, Grantor hereby represents that Grantor has paid all sales taxes due to the State of Florida to date and will pay any remaining taxes due in respect to said premises before due and will indemnify and hold harmless Collier County from Grantor's failure to do so. 22. Grantor agrees to fully cooperate with Collier County when necessary to correct an error discovered after closing and, in doing so, to execute, without delay, any corrective instrument(s) needed in order to effectuate the intent of the parties to this transaction. This provision shall survive closing. 23. Grantor understands that this certification may be disclosed to the Internal Revenue Service by Collier County and that any false statements made here could be punished by fine, imprisonment, or both. Grantor further authorizes the submission of this affidavit if and when required. 11D 7. Grantor has full authority to convey the Property. 8. There are no existing contracts for sale or mortgage commitments other than those being closed affecting the Property. 9. Grantor knows of no defects in the Property's title and, except for real estate taxes for the current year and those items identified on Exhibit "B" attached hereto, there are no liens, encumbrances, mortgages, claims or demands on or against the Property 10. There are no unrecorded labor, mechanics', material men's liens or "Notices of Commencement" against the Property; no material has been furnished to or labor performed upon the Property within the past ninety (90) days which has not been paid for in full; no notices to owner have been delivered to or received by the Grantor. 11 . There are no bills, liens or assessments for sanitary sewers, paving or other public utilities, or improvements made by any governmental instrumentality, which are now unpaid, against the Property. Further, Grantor acknowledges responsibility for water, sewer and electrical consumption charges through date of closing or occupancy by Grantor, whichever first occurs. If any bills, liens or assessments are found which relate to the period of Grantor's possession, Grantor will pay same upon demand. Grantor shall obtain any release documents needed which relate to bills, liens or assessments not paid at the time of closing. 12. No notice has been received of any public hearing regarding future or pending zoning changes or assessments for improvements by any governmental instrumentality. 13. Grantor knows of no violations of local or state laws or private covenants, restrictions or conditions which pertain to the Property. 14. There are no judgments, orders or decrees which have been entered in any state or federal court against the Property or Grantor, and there are no civil or administrative actions pending against Grantor or which involve the Property in any way, including no action for dissolution of marriage or bankruptcy. 15. The Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local laws, regulations and ordinances, including environmental laws, and that the Grantor has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property; and that Grantor 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/or acceptance and is not deemed satisfied by conveyance of title. r" • EXHIBIT - A liD VANDERBILT BEACH ROAD ,c i I 10O' /P1ROPOSED PARCEL 1210 FEE 18,000 SQ. FT. TRACT 39 WEST 180' OF TRACT 55 TRACT 42 s AvE,C RISTOPHER HANSON,MICA MEOW.ALfREDA a Ya► 1WA Y Y�' ASTLEY,STEVEN&MAMA. PIECua+,GALE&w OR 5604/2720 OR 5197/360 OR 5008/17455 " OR 4921/3259 OR 2741/1597 37442760007 37442800006 37442960001 1 ..i 1 37444010001 37444000008 180' TRACT N2 GOLDEN GATE ESTATES UNIT 17 PUT BOOK 7 SAGE 5 10TH AVENUE N.E. _______/e — ExsT:NG ROADWAY EASEMENT PER Ps 7, PG 5 SQ. FT... SQUARE FEET T E - R O W FEE .a FEE SIMPLE PARCEL N OR = OFFICIAL RECORDS (BOOK/PAGE) APR 2 9 20Z0 L_ ^I PROPOSED FEE PARCEL W E S LEGAL DESCRIPTION FOR PARCEL 1210 FEE A PORTION OF TRACT 42, GOLDEN GATE ESTATES UNIT 17, AS RECORDED IN PLAT BOOK 7, PAGE .51;Q5,7 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 2,7A sg4cIER,COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ''41 THE NORTH 100 FEET OF THE WEST 180 FEET OF SAID TRACT 42. ectlfic��f , y^ N '. p , CONTAINING 18,000 SQUARE FEET, MORE OR LESS. 2• C O •� 530 O _ • 2 /*o %.oisiorwal....'. : SKETCH & DESCRIPTION ONLY i _.__J-"" --'i 7 oAiEt, A�°' NOT A BOUNDARY SURVEY SCALE:1%420' �(/y '-( '�J 4 e FOR: COLUER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS THE SEAL"'•'"" 'CN K°°c VIAND.PI wws A:1T„ORIZCJ B�'AAON AOCUNT VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: PROPOSED FEE SIMPLE PARCELIRILkti sF)owna N' O)Se Sane?Co Navies FWn.a 34'09 PARCEL 1210 FEE, rnaa 05970519 FAX t2391507-75 I 9 N^ 8952 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 1 35 48S 27E 1' - 120' 04-28-20 MAW SK1210FEE 1 OF 1 110 24. Under penalties of perjury, I, the undersigned affiant, state that I have examined this affidavit and to the best of my knowledge and belief it is true, correct and complete as of the date of execution hereof; that I am authorized to execute this affidavit as or on behalf of Grantor and to bind Grantor thereby; that I will immediately notify Collier County of any change to the representations contained herein and that, in the absence of such notification, Collier County may rely on the representations contained herein on the day of closing; that Grantor intends for Collier County, its agents and attorneys, the title company issuing the title policy (if title insurance is to be issued), its underwriter and its employees, any escrow/settlement agent and other parties and their attorneys participating in this transaction, to rely on these representations, and Grantor will indemnify said parties for all damages, loss, liability, claims, cost and expenses, including attorney fees, which arise out of or result from their reliance upon these representations, irrespective of whether I was negligent in making these representations or executing this Affidavit. WITNESSES: BY: (Signature) Alfredo Medina OrrA2) (Print Name) 4,Ltc44')2Pitt ( ignature) )/46.,I Hi IYl PC4 ; I (Print Name) 110 STATE OF: FLORIDA COUNTY OF: COLLIER Sworn to and subscribed before me by means of I ►Yphysical presence or n online notarization this .317 day of £ep.cm b r , 2020, by ALFREDO MEDINA a married man, who is: personally known to me, OR, ✓ who has produced R)L 1�350 Q40 75.5/50 „of. /f/c1,3r32as proof of identity. (affix notarial seal) 6iCutA Y). P.,=t(-7 ignature of Notary/Public) IJUd ,J) 09. l4l (Print Name of Nothry Public) ..... ;q., JUDITH M.PUIG %`A,,,:c:':. Notary Public-Stat of Flo ida Serial / Commission # (if 4; !a,7 Commission q GG 194244 any): l,„„°. My Comm,Expires May 20,2022 • Bonded through National Notary Assn. �• My Commission Expires: .5/o?QI;�0da. WITNESSES: • _N,.Sf BY: -�1 � ; (Signature) Y anka Medina tk-tale--- Gitnri ) ' (Print Name) dt,0,14 4f, ft/1 ( ignature) .1:61di.4-11 M. Pcli (Print Name) 110 STATE OF: FLORIDA COUNTY OF: COLLIER Sworn to and subscribed before me by means of '% physical presence or online notarization this -131° day of - kmhel , 2020, by YOHANKA MEDINA a married woman, who is: personally known to me, OR, who has produced r6c rm3501) 0 41 ,f1 o;/0/7p0)5" as proof of identity. (affix notarial seal) (('ignature of Notary Public) mi,�L, :uolrHM Pecs I (Print Name of NQtary Public) Notary Public-State of:t:Ina y4' Commission x(,(; 94244 I Serial / Commission # (if any): My Commission Expires: .90/C10,9 2. Approved as to form and legality: o oa q92()i\ Jennifer A. Belpe �o Assistant County Attorney • EXHIBIT - AIlk O VANDERBILT) BEACH ROAD '7C j 1 100' 1 f PROPOSED PARCEL 1210 FEE 18,000 SQ. FT. TRACT 39 TRACT 55 WEST 180' OF TRACT 42 JRKE,CttM-10PHER HANSON,IIOIICA MEDItNA.ALFREDA&YOHANKA K -a§ $ ASTLEY,STEVEN&MAMA. PEW311,DALE h W DR 5604/2720 OR 5197/360 OR 5008/17455 , OR 4921/3259 OR 2741/1597 37442760907 37442803006 37442960001 i 1 i x 37444010001 37444000006 --- 180' ------- TRACT 42 GOLDEN GATE(ESTATES UNIT 1 PLAT BOOK 7 AGE 5 10TH AVENUE N.E. COSTING ROADWAY EASEMENT PER PS 7, PG 5 SQ. ET... SQUARE FEET T E - R O W FEE - FEE SIMPLE PARCEL N OR = OFFICIAL RECORDS (BOOK/PAGE) APR 2 9 ZOZO __ I PROPOSED FEE PARCEL W - !�- E I S LEGAL DESCRIPTION FOR PARCEL 1210 FEE A PORTION OF TRACT 42, GOLDEN GATE ESTATES UNIT 17, AS RECORDED IN PLAT BOOK 7, PAGE .5,tQ5 OW PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE `2,7� TrISSILIEIF,COUNTY, •` FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: _n ,x THE NORTH 100 FEET OF THE WEST 180 FEET OF SAID TRACT 42. eltlfiC�1 j'•, d„ CONTAINING 18,000 SQUARE FEET, MORE OR LESS. . G Cy .PO S p•: - (0 1 3a 7 0 610 120_ _ 240 En"y f,��..�,, . .• ` SKETCH & DESCRIPTION ONLY __.-J -I 1 oo " ,!7 ` '„,s 1 NOT A BOUNDARY SURVEY SCALE:1'-120' !� I �'J FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS JTF aZVF� ,e0"nas 0 E WAS tiEAL AZ[D 6Y'C to A 0CUI NT VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: PROPOSED FEE SIMPLE PARCEL anlo Willow Park 0me.sane XCO Naples.Florida 34109 PARCEL 1210 FEE na.2391 597.0575 FAX 12391597 L LB No.8754 44r> COLLIER COUNTY, FLORIDA ENGINEERING 0 ✓ JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY I FILE NAME SHEET 060119.06.00 1 35 48S 27E 1" = 120' 04-28-20 MAW SKI2I0FEE 1 OF 1 110 PROJECT NO.: 60168 Vanderbilt Beach Road Ext. PARCEL NO.: 1210FEE FOLIO NO.: 37442960001 WARRANTY DEED THIS WARRANTY DEED made this day of�ex- , 2020, by ALFREDO MEDINA and YOHANKA MEDINA, husband an wife, whose mailing address is 2760 4th Avenue SE, Naples, Fl 34117 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. / ___ - WITNESSES: �41C , By: (Signature) Alfredo Medina pit- P.WC-N-V3 (Print Full Name) c i.d- ' n 6,141 ( ignature) 1 0/1 10? icy f�f' p (Print Full Name) 110 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Warranty Deed was acknowledged before me by means of R physical presence or ❑ online notarization this (317;1 day of Sp.�Cmbir , 2020, by ALFREDO MEDINA, a married man, who: 1 is personally known to me OR produced Ft.-4 m35D .00C-G,7.31d)7-0 ,,e,{4v: %0/7/20Sas proof of identity. (affix notarial seal) 4-td4l M7 / ; (Signature of Notary Public) JUDITH M Simi. ! (Print Name of Notary Public) ,,.•; Notary Public-St,iii�of;�unc:: `r (ornn,lssior10t,t, ' Serial / Commission # (if any): '. u,vd? My COMM.Exprc Maid 20,70i.' t Bonded throuTh National Notary/.,.•!. My Commission Expires: _ • By: (Signature) Yohanka Medina qc,,Jr. A--,-044,- (Print Full Name) Signature) / J Lad;,,, ri" i.,, q. (Print Full Name) / STATE OF FLORIDA COUNTY OF COLLIER The foregoing Warranty Deed was acknowledged before me by means of v physical presence or ❑ online notarization this 3rd day of S itWI k/l , 2020, by YOHANKA MEDINA, a married woman, who: is personally known to me OR ,/ produced Fl L.b' !' 35O.9k,7�3/c0 fir://IU/s2 as proof of identity. (affix notarial seal) ki . riAv (Signature of Notary Public) ,.)r ni�... JUDITH M.PUG ' ,J and filch Yr),j1,j, • Notary Public State of Florida �'.y,f (ororoissiondGG19,124A (Print Name of Notary Public) 'F;;,`,;rw My COMM.Expires M,ty 20,20)1 Serial / Commission # (if any): Hooded through National Notary A.,an. My Commission Expires: Approved as to form and legality: i .))..( 1 )1‘..,Q ennifer A pedio VV.- Assistant County Attorney • EXHIBIT - A f 1 0 VANDERBILT BEACH ROAD 1 no 1 ' 100' i PROPOSED PARCEL 1210 FEE 18,000 SQ. FT. TRACT 39 WEST 180' OF TRACT 55 TRACT 42 1 JRKE. CHRISTOPHER HANSON, MONICA MEDIA. ALFREDA &YOHANKA A 4 ASTLEY, STEVEN & MAMA. PIECUCH, DALE & M, OR 5604/2720 OR 5197/360 OR 5008/17455 r " , OR 4921/3259 OR 2741/1597 37442760007 37442800006 37442980001 * 37444010001 37444000008 gn 180' TRACT 42 GOLDEN GATE ESTATES UNIT 17 PLAT BOOK 7 'AGE 5 10TH AVENUE N.E. EXISTING ROADWAY EASEMENT PER PB 7. PC 5 SQ. FT.s SQUARE FEET T E - R O W FEE - FEE SIMPLE PARCEL N OR - OFFICIAL RECORDS (BOOK/PAGE) APR 2 9 2020 ---- I PROPOSED FEE PARCEL W -- . E r S LEGAL DESCRIPTION FOR PARCEL 1210 FEE A PORTION OF TRACT 42, GOLDEN GATE ESTATES UNIT 17, AS RECORDED IN PLAT BOOK 7, PAGE QFj 1T PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 227% `,,T,cQl,IER,COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ,` \t! l �' ....7... • L, �., THE NORTH 100 FEET OF THE WEST 180 FEET OF SAID TRACT 42. �, •..e(t%f►C�?l'•,%/per a CONTAINING 18,000 SQUARE FEET, MORE OR LESS. = 7J • s3 ° = - co ;v o, - �� ;ter • �� •+` '•,Florla '•^` 0 80 120 _ 240 �u W '�,•++..+ •e�`/ SKETCH & DESCRIPTION ONLY 1 :1_____ .. o 10. 1 , t NOT A BOUNDARY SURVEY SCALE: I'-12o' � 1 THE SEAL AP G ON THIS DOCUMENT WAS FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AUTHORIZED BY MICHAEL A WARD. PLS VANDERBILT BEACH ROAD EXTENSION SKETCH de DESCRIPTION OF: PROPOSED FEE SIMPLE PARCEL jliElillik, 6610 Willow Park Drava.Suite 200 Naples,Florida 34109 PARCEL 1210 FEE Phone:(239)59/-0575 952 1239)597-057P 111 No.: COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 1 35 48S 27E 1" = 120' 04-28-20 MAW SK1210FEE 1 OF 1 110 EXHIBIT Page Taxes for the year 2020 and subsequent years, which are not yet due and payable. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. Oil, Gas and Sulphur Lease by and between Lee County Land Company, a Delaware corporation, Tamiami Land Development Company, a Delaware corporation, Tamiami Trail Estates, Inc., a Florida corporation, Deep Lake Company, a Florida corporation, Caloosahatchee Tropical Company, a Florida corporation, Florida Timber Lands Corporation, a Delaware corporation, Empire Land Company, a Delaware corporation, Gulf Coast Realties Corporation, a Delaware corporation, Lessors, and Peninsular Oil and Refining Company, a Florida corporation, Lessee, dated December 3, 1940 and recorded December 28, 1940 in Deed Book 9, Page 560, of the Public Records of Collier County, Florida, as thereafter amended. Note: Exception will be deleted upon receipt of Schedule B-1, #12 requirement. Oil, Gas and Mineral Lease by and between Miles Collier and Barron Collier, Jr., joined by their respective wives, Isabel Collier and Barbara Collier, Lessors, and Humble Oil & Refining Company, Lessee, dated July 1, 1952 and recorded August 6, 1952 in Deed Book 24, Page 385; Assignment of Overriding Royalty recorded in Deed Book 29, Page 341, both of the Public Records of Collier County, Florida. Note: Exception will be deleted upon receipt of Schedule B- 1, #13 requirement. Reservation of oil, gas and mineral rights as set forth in that certain deed from Barron Collier, Jr. and Miles Collier, joined by Barbara M. Collier, wife of Barron Collier, Jr., and Isabel U. Collier, wife of Miles Collier, to Anchor Investment Corporation, a Florida corporation, dated September 29, 1953 and recorded October 5, 1953 in Deed Book 30, Page 86, of the Public Records of Collier County, Florida. Restrictions, conditions, reservations, easements and other matters as set forth on the Plat of Golden Gate Estates Unit 17 as recorded in Plat Book 7, Page 5, of the Public Records of Collier County, Florida. 11D Request for Taxpayer Form _9 Give Form to the (Rev.October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. - - •on your income tax return).Name is required on this line;do not leave this line blank. Alfredo Medina . d Yohanka Medina - --- • -/disregarded entity name,if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to m following seven boxes. certain entities,not individuals;see a. ✓❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporationinstructions on page 3): o p ❑ Partnership 0 Trust/estate m single-member LLC Exempt payee code(if any) c jT ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► o E Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting H LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is a E code(if any) another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. a. ❑ Otherinstti ► (see instructions) (Applies to accounts maintained outside the U.S.) to 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) a) (I) 4th Avenue SE 6 City,state,and ZIP code Naples, Fl 34117 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. Part II Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of Here U.S.person I. Date► General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments. For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding. See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 o THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office O Q 117 POQ 0 4. BCC Office Board of County Q F .cz Commissioners .) t' 5. Minutes and Records Clerk of Court's Office ( ,� /r ':zE tO PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 252-5880 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC 01/14/20 (2020-15) 11D Type of Document Number of Original Attached Purchase Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Inr Applicable) 1. Does the document require the chairman's original signature? A--r 0 / 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. `l 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/14/20 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the (s� BCC,all changes directed by the BCC have been made,and the document is ready for the g..0`' Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 110 MEMORANDUM Date: September 21, 2020 To: Vivian Rodriquez, Transportation Eng. - ROW From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Purchase Agreement— Project #60168 Parcel: 182FEE Folio #37540800005 Attached is an original of each document referenced above, (Agenda Item #11D) approved by the Board of County Commissioners on Tuesday, January 14, 2020. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment PROJECT NO.: 60168 Vanderbilt Beach Road Extension PARCEL NO.: 182FEE 1 1 0 FOLIO NO.: 37540800005 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into on this y4- day of , 2020, by and between LINDA W. MORLEY, widowed, whose mailing address is 2485 RUE DU JARDIN, #H-302, NAPLES, FL 34105 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase a portion of Seller's property as described on attached "Exhibit A" which is incorporated herein by reference, together with all structures and improvements thereon (hereinafter referred to as "the Property"); and WHEREAS, Seller has agreed to sell, and Purchaser has agreed to purchase the Property subject to the terms and conditions that follow. 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be FORTY-THREE THOUSAND SIX HUNDRED and 00/100 DOLLARS ($43,600.00) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 3. CLOSING A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE", "DATE OF CLOSING", or "CLOSING") of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty (30) days of receipt by purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, 110 Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: 1. General Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A"Grantor's Non-Foreign, Taxpayer Identification &"Gap"Affidavit"as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 6. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification that there has been no adverse change to the state of the title to the Property since the date of the last title commitment, referenced in Paragraph 5 "Title Defects" below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS 1 1 A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to Purchaser's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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 may terminate the Agreement. 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification o� S 110 of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained, the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.B shall equally apply, and Seller's sole remedy shall be a claim for payment of $500 as liquidated damages. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default or termination without cause 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. C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective 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. D. Seller 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. E. Seller represents that it has no knowledge of any actions, suits, claims, proceedings, 1 1 D 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. I. Seller has no knowledge that the Property, and/or that 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. J. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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 110 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. L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. B. 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. D. 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. 9. PUBLIC DISCLOSURE. 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 s. 286.23, Fla. Stat., under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property before 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.) t10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: qkt/i'`? ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circ Court & Co • stroller .�..� :- /.ram At I itr BY: r eputy Cie/West as to Chairman's BURT L. SAUNDERS, Chairman signature only. AS TO SELLER: ' �p�c mbt� H , 201.0 DATED: 'II i , WITNESSE . a' , /ll�li/�i�� (Signature) LINDA W. MORLEY _ thi -es ttt &i fy inted Nam (Signature) (Printed Name) Appr d to f a legality: a� �7 3d .ennifer A. Belpedio C� C6N Assistant County Attorney Notary Public State of Florida Ginny Lundstrom My tmm�s1on HM i NS" �a�� Expvae OBI03/2024 EXHIBIT A Ple ..r._.. .I.49>t_. 'POINT OF VANDERBILT BEACH ROAD BEGINNING rNORTH LINE N89'31'40"E / OF TRACT 15 F.t.179.98' 64% - • 650 ` l • W MOp1 1.1 01 N Cr N O^ O z 1 S89'31'10"W 179.98' PROPOSED �\EAST LINE WEST LINE—ter PARCEL 182 FEE OF TRACT 15 19,785 SO. FT. OF WEST 180' OF TRACT 15 TRACT 2 TRACT 15 GOLDEN GATE ESTATES TRACT 18 UNIT 19 PLAT BOOK 7, PAGE 78 r iLl own E*HOLLY C OR i• 11 X il ilki I i!1 ig .1_ WEST 180' OF TRACT 15 TE - ROW ; N SQ.FT. SQUARE FEET MAY 1 3 2020 FEE PROPOSED FEE SIMPLE ACQUISITION OR OFFICIAL RECORDS (BOOK/PAGE) W--•---iivE r_�.ii PROPOSED FEE SIMPLE PARCEL S LEGAL DESCRIPTION (PARCEL 182 FEE) A PORTION OF TRACT 15, GOLDEN GATE ESTATES UNIT 19, AS RECORDED IN PLAT BOOK 7, PAGE 7B, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 15; s ttlIt,,, THENCE N.89'31'40"E., ALONG THE NORTH LINE OF SAID TRACT 15, FOR 179.98 FEET TO fi%kkN1..OI THE:�. v. EAST LINE OF THE WEST 180 FEET OF SAID TRACT 15: . \v ..... Q THENCE S.00'28'39"E., ALONG SAID EAST LINE, FOR 109.91 FEET; �.•-.`‘IL atA•..'Q THENCE S.89'31'10"W., FOR 179.98 FEET TO A POINT ON THE WEST LINE OF SAID TRICT°1,r;,7t _ .' THENCE N.00'28'39"W., ALONG SAID WEST UNE, FOR 109.94 FEET TO THE POINT OF 33EGINN(� OF THE 2 PARCEL DESCRIBED HEREIN. _ 530 T - • CONTAINING 19,785 SQUARE FEET, MORE OR LESS. 7. 13%"(5) ei>:� BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE. ' ''' •'••e of Flo'...'64, .' 0 60 12o zoo Bf: ,(/� / Z Lam SKETCH & DESCRIPTION ONLY I ti n IK961V, „10N wZen= Lug"' NOT A BOUNDARY SURVEY SCAM 1'-1zo' WINO 0NTE: 'OW SEAL DECUWENT WAS FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS ¢m rYicwa A VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: PROPOSED FEE SIMPLE ii"Im&li fi610 Willow Park Drive.Suite 200N,ples.floyd.34109 PARCEL 182 FEE ACQUISITION Phone(239)59L 675 FAX(239/597-0578 COWER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 1 33 485 27E 1" = 120' _ 5/6/20 MAW SK182FEE 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 1 0 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County.Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office Jennifer Belpedio Da 6 q I I4 Jack O 4. BCC Office Board of County Commissioners N5. Minutes and Records Clerk of Court's Office �, f n I, LI3CD PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Mark Groves Phone Number 239-252-5861 Contact/Department Transportation Engineering-ROW Agenda Date Item was 01/14/2020 Agenda Item Number Resolution 2020-015 Approved by the BCC Item 11 D Type of Document Purchase Agreement Number of Original Attached Documents Attached 1 PO number or account PLEASE DO NOT RECORD number if document is PURCHASE AGREEMENT to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? ..---f ((Ng 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. liq 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board A) 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 1/14/2020 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the a N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 'D.( k -) an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 110 MEMORANDUM Date: September 21, 2020 To: Mark Groves, Property Acquisition Specialist Transportation Eng. - ROW From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Purchase Agreement— Project #60168 Parcel: 212FEE & 214FEE Folio #37544640009 & #37544600007 Attached is an original of each document referenced above, (Agenda Item #11D) approved by the Board of County Commissioners on Tuesday, January 14, 2020. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 110 PROJECT NO: 60168 Vanderbilt Beach Road Ext. PARCEL NO: 212FEE and 214FEE FOLIO NO: 37544640009 AND 37544600007 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into on this %" day of S t,.rkc' , 2020, by and between ELIZABETH M. AGOSTON, a widowed woman, whose mailing address is 21566 Portrush Run, Estero, Florida 33928 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase a portion of Seller's property as described on attached "Exhibit A"which is incorporated herein by reference, together with all structures and improvements thereon (hereinafter referred to as "the Property"); and WHEREAS, Seller has agreed to sell, and Purchaser has agreed to purchase the Property subject to the terms and conditions that follow. 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be Forty Thousand Six Hundred and 00/100 DOLLARS ($40,600.00) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 3. CLOSING A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE", "DATE OF CLOSING", or "CLOSING") of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty (30) days of receipt by purchaser of all fully executed 1 1 0 closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: 1. General Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 6. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant or wire transfer in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification that there has been no adverse change to the state of the title to the Property since the date of the last title commitment, referenced in Paragraph 5 "Title Defects" below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. 2 110 E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any)on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to Purchaser's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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 3 110 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 may terminate the Agreement. 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained, the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.B shall equally apply, and Seller's sole remedy shall be a claim for payment of $500 as liquidated damages. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default or termination without cause 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. C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 4 vy'0 110 B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective 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. D. Seller 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. E. 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials are or were located on the Property at any time during or prior to Seller's 5 9n, 11D ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. I. Seller has no knowledge that the Property, and/or that 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. J. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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. L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. B. 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 6 <CO) ! 10 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. D. 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: -I" I l! -x:7 ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circui Court & Co troller 111 > ' BY: )44)11t.,,e4e.A.4— p-ot et i �rkhai an,5 BURT L. SAUNDERS, Chairman Signature only. 7 110 AS TO SELLER: DATED: 9—,,Z '070?6) WITNESSES: (Signature)/ Eliza eth M. Ag ton (14rnivfrecv( (Printed Name) (Signature) rk 1' /eite «iI (Printed Name) Approved as to form and legality: Assistant County Attor Last Revised 9/25/2019 8 `�O EXHIBIT-A PAGE 1 OF 2 i10 I I I PONT OF NORTH LINE OF BEGINNING TRACT 66 c6E 667 668 ::9 670 6/1 j..— ' L1. , J g VANDERBILT BEACH ROAD L3 NST UNE OF 11MLT N -.2 212 FEE 7.- SQ. FT. i i EAST UNE OF WEST 75' OF WEST 75' OF TRACT 66 (TRACT 66 ! I 1 a a TRACT 63 I I a "RA.,.":' 79 ' III 1 i!III111 8 N I 1 1 i W E 1 R A C 66 1 GOLDEN GATE ESTATES S I UNIT 19 PLAT BOOK 7, PACE 78 10th AVENUE NW SO. FT. SQUARE FEET TE - ROW r---- UNE TABLE -- FEE FEE SIMPLE PARCEL LINE BEARING LENGTH OFFICIAL RECORDS (BOOK/PAGE) MAY 4 2020 L _ I N89'31'4Q'E 74.99' W d PROPOSED FEE PARCEL L2 S00'28'431 104.60' L3 __ 9'31'1O'W 74.99' L4 NO0'28'43'W 104.81' LEGAL DESCRIPTION (PARCEL 212 FEE) A PORTION OF TRACT 66, GOLDEN GATE ESTATES UNIT 19, AS RECORDED IN PLAT BOOK 7. PAGE 78, OF THE PUBUC RECORDS OF COWER Comm FLORIDA, LYING IN SECTION 33, TOWNSHIP 48 SOUTH. RANGE 27 EAST, COWER COUNTY, FLORIDA, BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS: t3LGINNrvG AT THE NORTHWEST CORNER 01 SAID TRACT 66. THENCE N.89'31'407.-. ALONG THE NORTH UNE OF SAID TRACT 66. FOR 74.99 FEET TO A POINT,QW TAW LINE OF THE WEST 75 FEET OF SAIO TRACT 66: ‘ `(%' e1 A. (v "1, THENCE S.00'28'43'E., ALONG SAID EAST UNE, FOR 104.60 FEET. ., GN`D•.......�49j,,•,� THENCE 5.59'31'10'W.. FOR 74.99 FEET TO A POINT ON THE WEST LINE OF SAO TRACT 6& .' `C8t '•• THENCE N.00'28'43"W., ALONG SAID WEST UNE. FOR 104.61 FEET TO THE F'OINT OF BEG1WgI G'Q�� @�'• PARCEL DESCRIBED HEREIN. _ :C..) O• CONTAINING 7,844 SQUARE FEET, MORE OR LESS- _ • 5301 _ BEARINGS ARE BASED 04 STATE PLANE COORDINATES. FLORIDA EAST ZONE. 71. lSr m6�: `, •• SKETCH 3 DESCRIPTION ONLY r"- ___._ 7 a'm'im IC NOT A BOUNDARY SURVEY cum Y-1M seem 0"1 'T T• / I`, FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS Tw<not nqR=er ileWa MR MI VANDERBILT BEACH ROAD EXTENSION SKETCH N DESCRIPTION OF: PROPOSED FEE SIMPLE PARCEL I'+o Mew Pm*Oron.*!a Too PARCEL. 212 FEE Phone:I M Mi7e 7S u'si Ram 511+ f COLLIER COUNTY. FLORIDA ENGINEERING JOB NUMBER I REVISION SECTION TOWNSHIP RANGE r SCALE DATE DRAWN 8Y FILE NAME SHEET .D0 060119,06 1 33 ABS 27E Il 1' = 120' 4/27/20 _ MAW SK212FEE 1 OF 1 EXHIBIT-A PAGE2OF2 1 1 0 - - --- - — — —1 — — POINT OF NORTH UNE OF POINT OF BEGINNING TRACT 66 (.,JUMENNCEMENT, 53% 668 b69 670 671 \ 672E 574 675 I I _ L5 S -4 L1 I 1 1 I I s VANDERBILT BEACH ROAD L3 PROPOSED WEST LINE OF PARCEL 214 FEE EAST 75' OF 7.844 SO. FT. WEST 150' OF TRAr 66 \ BEAST UNE OF WEST 150' OF EAST 75' OF TRACT 66 WEST 150' OF iTRACT 66 I1 a TRACT 63 I , TRACT 79 "! 1/I I 14 if I il iI1 it ;6 { I 1 1N TRACT 66 GOLDEN GATE ESTATES W E UNIT 19 PLAT BOOK 7, PAGE 78 I S 10th AVENUE_ NW SQ. FT. SQUARE FEET TE - ROW - FEE FEE SIMPLE PARCEL LINE TABLE UNE BEARING LI NGTH OR OFFICIAL RECORDS (BOOK/PACE) MAY 4 2020 LI mr:Ininurris N. PROPOSED FEE PARCEL �' + I L3 13I L4 , MIIIII IS _74.99' LEGAL DESCRIPTION (PARCEL 214 FEE) A PORTION OF TRACT 86, GOLDEN GATE ESTATES UNIT 19. AS RECORDED IN PLAT BOOK 7. PAGE 78. OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. LYING IN SECTION 33. TOWNSHIP 48 SOUTH, RANCE 27 EAST, COWER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 66; THENCE S.69'31'401V.. ALONG THE NORTH LINE OF SAID TRACT 88, FOR 179.98 FEET TO A POINT ON THE EAST UNE OF THE WEST 1 50 FEET OF SAID TRACT 66 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE S.00.28'43 W., ALONG SAID EAST UNE, FOR 104.59 FEET; THENCE S.89'31'101V., FOR 74.99 FEET TO A POINT ON THE WEST LINE OF THE EAST 75 FEL1 tQP'Nit'WESj 15C FEET OF SAID TRACT 66; ;;; aeI A '�, THENCE N.00'28'431V., ALONG SAID WEST UNE. FOR 104.80 FEET TO A POINT ON THE NORTH OF•Ea?. CIS THENCE N.89'31'40.E.. ALONG SAID NORTH UNE. FOR 74.99 FEET TO THE POINT OF BEC1NvN�0r THMiNi E PJVIIC•aid DESCRIBED HEREIN. G • C> ; CONTAINING 7,844 SQUARE FEET. MORE OR LESS. = e I UT 530 r BEARINGS ARE BASED ON STATE PLANE COORDINATES. FLORIDA EAST ZONE. .. �e. ,! 4, : , 0 60 _ lw to .. �/� Of Fl('``• i• SKETCH & DESCRIPTION ONLY � .___-___J na. Iiw. • NOT A BOUNDARY SURVEY BOLL 1•-1e0' same"7'.��"'Wits" FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS '� , VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: PROPOSED PEE SIMPLE PARCEL 66+0ren vw OPrr a.x•; fill& Noise. Merida 5I9 PARCEL 214 FEE Pima*I2.161 517-0�erw5 75 6FAILnz R191967-0576 COLLIER COUNTY. FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SOME I DATE DRAWN BY FILE NAME SHEET 060119.06.00 1 33 _ 48S 27E 1. = 120' 1 4/27/20 MAW SK214FEE 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 10 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office q jaglaoao 4. BCC Office Board of County Jj Lq )0 Commissioners 5. Minutes and Records Clerk of Court's Office r , , 1n x) qi 17;off Q-a?RM PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/ Department Agenda Date Item was 01/14/2020 Agenda Item Number 11.D Approved by the BCC (Resolution 2020-015) Type of Document Number of Original Attached Agreement Documents Attached 1 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? KD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be p signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the PIEli7 (L2 document or the final negotiated contract date whichever is applicable. 1141 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on i 0//iyfaoaaand all changes made during I/A is not the meeting have been incorporated in the attached document. The County KD an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the r .4 N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the ih n op Chairman's signature. "s 1' Scan under Project 60168—VBR Extension; Parcel 117' ' 1 UE Please email a copy of the signed Agreement, to Karen.Dancsec@Colli- ,ountyFL.gov I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 1 D MEMORANDUM Date: September 30, 2020 To: Karen Dancsec, Property Acquisition Specialist TECM Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Easement Agreement - Project #60168 Vanderbilt Beach Rd. Ext Parcel: 1175RDUE; Folio #37499120001 Attached for your records is a copy of the document referenced above, (Agenda Item #11D) approved by the Board of County Commissioners on Tuesday, September 22, 2020. The original agreement will be held in the Minutes and Records Department in the Board's Official Records. If you have any questions, please call me at 252-7240. Thank you. Attachment 1 1 a PROJECT: 60168 Vanderbilt Beach Road Ext PARCEL: 1175RDUE FOLIO: a portion of 37499120001 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this a day of p-4-cf )2AA , 2020, by and between WILLIAM E. PIND AND MELISSA J. PIND, husband and wife, whose mailing address is 765 10th Ave NE, Naples, Florida 34120 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a perpetual, non-exclusive Road Right-of-Way, Drainage and Utility Easement (hereinafter referred to as the "Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Seller desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Seller for conveyance of the Easement. 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. RECITALS - 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. PURCHASE PRICE - Seller shall convey the Easement to Purchaser for the sum of: $18,350.00 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 Seller, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Seller's remaining lands, costs to cure, including, but not limited to, the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Easement to 1 1 0 Page 2 Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. CLOSING DOCUMENTS AND CLEAR TITLE - Seller 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. Prior to Closing and as soon after the execution of this Agreement as is possible, Seller shall provide Purchaser with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right-of-Way, Drainage and Utility Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting Purchaser's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Seller 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. TIME IS OF THE ESSENCE - Both Seller and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of Seller's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Seller in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Seller agrees to relocate any existing irrigation system located on the Property including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from Purchaser. Purchaser assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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 Seller elects to retain improvements and/or landscaping ("Improvements") located on the Property (if any), Seller is responsible for their retrieval prior to the construction of 1111 Page 3 the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of all improvements located within the Easement area, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the Purchaser's contractor. All improvements not removed from the Property prior to commencement of construction of the project shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Seller and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Seller agrees, represents and warrants the following: (a) Seller has full right, power and authority to own and operate the property underlying the Easement, 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 Seller hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Seller 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, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, 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) Seller 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 Easement or which adversely affect 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. 11D Page 4 (g) Purchaser is entering into this Agreement based upon Seller's representations stated in this Agreement and on the understanding that Seller 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, 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 adversely affect the physical condition of the Property or its intended use by Purchaser. (h) The Property, 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 except as specifically disclosed to the Purchaser; that the Seller has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement Property to be sold to the Purchaser, that the Seller 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. INDEMNIFICATION - Seller 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 Seller's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - Purchaser shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. Purchaser shall have sole discretion as to what constitutes "reasonable processing fees. 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11D Page 5 11. EFFECTIVE DATE - 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. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by Seller 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 Seller and Purchaser. 13. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 14. SEVERABILITY - 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. VENUE - 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: C%t 1 " 12oaa ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Comptroller BY: `, ' ' BY: Deputy Clerk BURT L. SAUNDERS, Chairman Aitest air)'Chairman's signature orr!v. 1 10 Page 6 AS TO SELLER: DATED • o10 Witness (Si natur ) WILLIAM E. PIND Name (Print or Type) (Witness (Signature) 1 A '.A Kr C/ ce;• / Name (Print or Type) A \1 C. , Witness (Signature) MELISSA J. PIND erla . (�. p_sra, Name (Print or Type) itness (Signature) 5 .1i 4 KL!' SL Name (Print or Type) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Q Last Kevisea:January it,LULU n) INNU 6). 1 1 n VANDERBILT BEACH ROAD :4, 748 7,9 750 751 M CD \\ Z w FENSIERWJ(ER,DREiTCPI•ER M O CR TE - ROW4�/ W ° 37499000002 W ,r). I—" APR 2 9 2020 TRACT 125 v) I— Do TRACT 106 — GAU R.JA/E OR 4914/2132 37497600002 -►—J 340' PROPOSED -1 PARCEL 1175 RDUE 4,500 SO. FT. EAST 340' OF 15' -- TRACT 126 EPRIGHT,TIiE000RE A. 300.PRD.RLUAM E&MEL8SA J &80�IE S. N. OR 2252/165 CR 5499/1168 37499160003 37499120001 TRACT 126 GOLDEN GATE ESTATES UNIT 18 50' PLAT BOOK 7 PAGE 7 10TH AVENUE N.E. 0 GOLDEN GATE ESTATES UNIT 18 PB 7 PG 7 SO. FT.= SQUARE FEET N RDUE = ROADWAY, DRAINAGE AND UTILITY EASEMENT OR = = OFFICIAL RECORDS (BOOK/PAGE) PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT W - ` E EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 7 S LEGAL DESCRIPTION FOR PARCEL 1175 RDUE A PORTION OF TRACT 126, GOLDEN GATE ESTATES UNIT 18, AS RECORDED IN PLAT BOOK 7, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 411I1111, THE WEST 15 FEET OF THE EAST 65 FEET OF THE NORTH 300 FEET OF THE EAST 340 FEET CIP QgEsicj {1Y, CONTAINING 4,500 SQUARE FEET, MORE OR LESS. - .• •I.-...... • • 2. • 53p o �1r( r 0 60 120 -240 �'. ���j • (� i• SKETCH & DESCRIPTION ONLY 1FLORCA srAew mar i" TS:NOT A BOUNDARY SURVEY SCA 1'-120' 7 1141{ N.) SEAL FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS TM( zm B A twin.ul.)4s VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: PROPOSED ROADWAY, DRAINAGE AND W 6610 Willow Park Dews,Sine 200 Naples.Florida 34109 PARCEL 1175 RDUE UTILITY EASEMENT Phone(239)597-0575 FAX(23 9)5 97-0 578 LB No.6952 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 1 35 48S 27E 1" = 120' .03-20-20 MAW SK1175RDUE 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 i fl TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routingzlines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office > to/G laodb 4. BCC Office Board of County Commissioners ,5 16.L 5. Minutes and Records Clerk of Court's Office 1 '0111 T.S1Q"'-- PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 252-5880 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC 01/14/20 (2020-15) 11D Type of Document Number of Original Attached Purchase Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initi Applicable) 1. Does the document require the chairman's original signature? .S- r,.. 0 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 7) N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. / N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/14/2020 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 110 ROJECT NO.: 60168 Vanderbilt Beach Road Extension PARCEL NO.: 108FEE FOLIO NO.: 36713760009 PURCHASE AGREEMENT • THIS PURCHASE AGREEMENT is made and entered into on this i day of , 2020, by and between JOSE ROMERO AND JACQUELINE N. ROMERO, CO-TRUSTEES OF THE ROMERO REVOCABLE TRUST, DATED MAY 29, 2019, whose mailing address is 3645 7th Ave NW, Naples, Fl 34120-1609 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase a portion of Seller's property as described on attached Exhibit "A" which is incorporated herein by reference, together with all structures and improvements thereon (hereinafter referred to as "the Property"); and WHEREAS, Seller has agreed to sell, and Purchaser has agreed to purchase the Property subject to the terms and conditions that follow. 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the"Purchase Price")for the Property shall be NINETY-EIGHT THOUSAND NINE HUNDRED and 00/100 DOLLARS ($98,900.00) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 3. CLOSING A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE", "DATE OF CLOSING", or "CLOSING") of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty (30) days of receipt by purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management 1 10 Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: 1. General Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap"Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 6. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification that there has been no adverse change to the state of the title to the Property since the date of the last title commitment, referenced in Paragraph 5 "Title Defects" below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 1111 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring, and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to Purchaser's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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 may terminate the Agreement. Cs,t;) I 1 0 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained, the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.B shall equally apply, and Seller's sole remedy shall be a claim for payment of $500 as liquidated damages. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default or termination without cause 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. C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective 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. 11D D. Seller 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. E. 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. I. Seller has no knowledge that the Property, and/or that 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. J. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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 11D 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. L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. B. 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. D. 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. 9. PUBLIC DISCLOSURE. 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 s. 286.23, Fla. Stat., under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property before 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.) 1iD IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: ; -.�/ �( } e ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Comptroller BY:c lu IittiAA BY: /44•117:',A44°16&"-m— Deputy Clerk Ait4st a �� a: � BURT L. SAUNDERS, Chairman ' ,un s AS TO SELLER: signal r only. DATED: 01)21 t Li"2b WITNESSES: ROMERO REVOCABLE TRUST, DATED May 29, 2019 (Signature) JO E ROMERO, Individually and as Co-Trustee (Printed Name) (Signature) (Printed Name) 7 BY: . t l' �—�.l l L\. (Signaturg6 JAG UELINE N. ROMERO, Individually and as Co-Trustee (Printed Name) (Signature) U.,kkSik -1;11?---q- k;2— (Printed Name) Approved to form and legality: 04) Jennifer A. Belpedio (4 CA Assistant County Attorney 11D IP'BEGINNININT G E N 89'56'01" E VANDERBILT BEACH ROAD rn 150.05' 3 EXDE o c S N NORTH LINE OF 1"71�1 N M N,.j TRACT 64 �. O— M S 89'55'31" W 8^ °"'" Z 150.05' cf.) PROPOSEDJ.j2 PARCEL 108 FEE 19,998 SQ. FT. I TRACT 64 GOLDEN GATE ESTATES TRACT 49 UNIT 3 TRACT 65 PLAT BOOK 4 PAGE 77 I WEST 150' OF I TRACT 64 I MENDOZA, DANIEL A ROMERO REV TR A BRENDA A OR 5639/407 OR 3541/358 1 I -WEST UNE \- UNE OF WEST 150' OF OF TRACT 64 TRACT 64 - -- 7th AVENUE NW SOFT. SQUARE FEET TE - R O W EXDE EXISTING DRAINAGE EASEMENT PER PLAT BOOK 4, PAGE 77 FEE PROPOSED FEE SIMPLE ACQUISITION ;IA 1 1 2021C,; W E OR OFFICIAL RECORDS (BOOK/PAGE) I I PROPOSED FEE SIMPLE PARCEL LEGAL DESCRIPTION (PARCEL. 108 FEE) A PORTION OF TRACT 64, GOLDEN GATE ESTATES UNIT 3, AS RECORDED IN PLAT BOOK 4, PAGE 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT 64; THENCE N.89'56'01"E., ALONG NE NORTH LINE OF SAID TRACT 64, FOR 150.05 FEET TO A P�J4I OM iTrE EAST UNE OF THE WEST 150 FEET OF SAID TRACT 64; ••• •••� • • MtCha�u THENCE 5.00'27'S0"E., ALONG SAID EAST UNE, FOR 133.27 FEET; • .... .,9 '. THENCE S.89'55'31"W., FOR 150.05 FEET TO A POINT ON NE WEST UNE OF SAID TR�I'ET 64f•'Qtt�fi,,..4. THENCE N.00'27'54"W., ALONG SAID WEST UNE, FOR 133.29 FEET TO THE POINT OF EGINMINEJOF'THE '• DESCRIBED HEREIN. (J N 4 .., CONTAINING 19,998 SQUARE FEET, MORE OR LESS. _n ;y 6,90 7 0 F BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE. .•O/ _ 0 60 120 _ 2�0 • n ` SKETCH do DESCRIPTION ONLY C----_1 L_________ n 4 ne:r,on *c Nos tR NOT A BOUNDARY SURVEY SCALE:1..120' sw,a.,c DATE WAG FOR: COLLIER COUN GOVERNMENT BOARD OF COUNTY COMMISSIONERS ,W�nanTHE ¢ i PEARING ON A WARD.Ap Cowin, ia VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: PROPOSED FEE SIMPLE WNo 661 1lddaaesns. .. 200 ACQUISITION Phone 97-0575 FAX(239)597.0578 PARCEL 108 FEEITAki LB N,:6952 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 1 02 49S 26E 1" = 120' 5/4/20 DAM SK108FEE 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP } 1 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office g 10/7 12o2 o 4. BCC Office Board of County V Commissioners 3.4- 51 ko'7rd6 5. Minutes and Records Clerk of Court's OfficePd tDh env r PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5865 Contact/ Department _ Agenda Date Item was 11.D Approved by the BCC 01/14/2020 Agenda Item Number (Resolution 2020-015) Type of Document Number of Original Attached Agreement Documents Attached 1 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? K KD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/14/2020 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County KD an option for Attorney's Office has reviewed the changes,if applicable. this 1' 9. Initials of attorney verifying that the attached document is the version approved by the dr N/A is BCC,all changes directed by the BCC have been made,and the document is ready for the an op ' Chairman's signature. Scan under Project 60168—VBR Extension; Parcel 1196RDUE Please email a copy of the signed Agreement,to Karen.Dancsec@CollierCountyFL.gov I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 110 PROJECT: 60168 Vanderbilt Beach Road Ext PARCEL: 1196RDUE FOLIO: a portion of 37440300003 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this —144'day of (J ,\k�\ , 2020, by and between ARLENE PAULSON, a single woman, whose mailing address is 1160 8th Ave NE, Naples, Florida 34120-7427 (hereinafter referred to as"Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a perpetual, non-exclusive Road Right-of-Way, Drainage and Utility Easement (hereinafter referred to as the "Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Seller desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Seller for conveyance of the Easement. 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. RECITALS - All of the above eferencerecitals as are if true setand hereby incorporated herein by forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. PURCHASE PRICE - Seller shall convey the Easement to Purchaser for the sum of: $9,100.00 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 Seller, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Seller's remaining lands, costs to cure, including, but not limited to, the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) 11D Page 2 extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), 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. CLOSING DOCUMENTS AND CLEAR TITLE - Seller 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. Prior to Closing and as soon after the execution of this Agreement as is possible, Seller shall provide Purchaser with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right-of-Way, Drainage and Utility Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting Purchaser's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Seller 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. TIME IS OF THE ESSENCE - Both Seller and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of Seller's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Seller in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Seller agrees to relocate any existing irrigation system located on the Property including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from Purchaser. Purchaser assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser harmless for 11D Page 3 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 Seller elects to retain improvements and/or landscaping ("Improvements") located on the Property (if any), Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of all improvements located within the Easement area, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the Purchaser's contractor. All improvements not removed from the Property prior to commencement of construction of the project shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Seller and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Seller agrees, represents and warrants the following: (a) Seller has full right, power and authority to own and operate the property underlying the Easement, 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 Seller hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Seller 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, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, 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. �jJ 1 1 D Page 4 (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. (f) Seller 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 Easement or which adversely affect 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. (g) Purchaser is entering into this Agreement based upon Seller's representations stated in this Agreement and on the understanding that Seller 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, 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 adversely affect the physical condition of the Property or its intended use by Purchaser. (h) The Property, 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 except as specifically disclosed to the Purchaser; that the Seller has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement Property to be sold to the Purchaser, that the Seller 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. INDEMNIFICATION - Seller 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 Seller's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - Purchaser shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, Purchaser may elect to pay reasonable E,6 1 1I) Page 5 processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. Purchaser shall have sole discretion as to what constitutes "reasonable processing fees. 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - 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. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by Seller 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 Seller and Purchaser. 13. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 14. SEVERABILITY - 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. 11D Page 6 15. VENUE - 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: ID I1 e - ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Comptroller - C )44.#BY: 1� 1, BY: -+��.+� Deputy Clerk BURT L. SAUNDERS, Chairman Attest as to Chairman's signature only, AS TO SELLER: DATED: 1 1 it- l (r C ( (i,t- tt // Witness (Signature) ARLENE PAULSON z . e-Or <- Name (Print or Type) - to s (Signature) irk,'/2 j ice//?1 Name (Print or Type) Approved as to form and legality: /-)15 Jennifer A. Belpedio Assistant County Attorney CNN ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 El TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 252-5880 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC 01/14/20(2020-15) 11D Type of Document Number of Original Attached Easement Agreement Documents Attached 1 ��� PO number or account � � �/,rl number if document is N/A ✓ lC.•l to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. O (InsM Applicable) 1. Does the document require the chairman's original signature? S4 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/14/2020 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. � 9. Initials of attorney verifying that the attached document is the version approved by the 4E'J BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. • I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 n PROJECT NO.: 60168 Vanderbilt Beach Road Extension PARCEL NO.: 1258RDUE FOLIO NO.: 37448640008 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this • day of 00- , 2020, by and between RAYMOND G. GANEM and ESPERANZA R. GANEM, Husband and Wife, whose mailing address is 7661 Forest Ave, Lowville, NY 13367-1334 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a perpetual, non-exclusive Road Right-of-Way, Drainage and Utility Easement(hereinafter referred to as the "Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Seller desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Seller for conveyance of the Easement. 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. RECITALS - 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. PURCHASE PRICE - Seller shall convey the Easement to Purchaser for the sum of: $8,250.00 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 Seller, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Seller's remaining lands, costs to cure, including, but not limited to, the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), 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. 110 Page 2 3. CLOSING DOCUMENTS AND CLEAR TITLE - Seller 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. Prior to Closing and as soon after the execution of this Agreement as is possible, Seller shall provide Purchaser with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right-of-Way, Drainage and Utility Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting Purchaser's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Seller 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. TIME IS OF THE ESSENCE - Both Seller and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of Seller's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Seller in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Seller agrees to relocate any existing irrigation system located on the Property including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from Purchaser. Purchaser assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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 Seller elects to retain improvements and/or landscaping ("Improvements") located on the Property (if any), Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of all improvements located within the 1 I ) Page 3 Easement area, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the Purchaser's contractor. All improvements not removed from the Property prior to commencement of construction of the project shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Seller and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Seller agrees, represents and warrants the following: (a) Seller has full right, power and authority to own and operate the property underlying the Easement, 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 Seller hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Seller 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, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, 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) Seller 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 Easement or which adversely affect 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. 0 Ii [ Page 4 (g) Purchaser is entering into this Agreement based upon Seller's representations stated in this Agreement and on the understanding that Seller 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, 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 adversely affect the physical condition of the Property or its intended use by Purchaser. (h) The Property, 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 except as specifically disclosed to the Purchaser; that the Seller has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement Property to be sold to the Purchaser, that the Seller 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. INDEMNIFICATION - Seller 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 Seller's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - Purchaser shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. Purchaser shall have sole discretion as to what constitutes "reasonable processing fees. 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 0 } 14 Page 5 11. EFFECTIVE DATE - 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. PUBLIC DISCLOSURE - 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, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property before the Easement held in such capacity is conveyed to Purchaser. (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. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by Seller 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 Seller and Purchaser. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. 1 El Page 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: Da,7, ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Comptroller BY: r �r BY. Deput :clerk, 44t#T L. SA NDERS, Chairman Attest;as.# >vta n s signature'orly AS TO SELLER: DATED: O L;L. 1-014) Witness (Signature) ND G. AN AF1011 Name (Print or TypWatA._ e) Cness (Signs ure) ES E ZA R. EM C7evievi eL:cA Name (Print or Type) Approved as or and legality: na � S 49) Jennifer A. Belpedio CDN Assistant County Attorney 1a 4' 12TH AVENUE N.E. LE.BO ALNN VAN OR 4737/3004 "" & 37448460006 Z HERRERA.VELETA G4AIIG 1--- OR 2833/1866 LtJ 37448560007 LY TRACT 107 TRACT 123 I MAR11N,GEORGE D.R DEBRA E. �O OR 3537/3694 37448520005 N 26' — I NORTH 150' OF 150' TRACT 124 GNAN,RAYYOND G.&ESPERANZA R. SO OR PROPOSED 374486448640D08 08 ARCEL 1258 RDUE 3,900 SO. FT. _ 50' TRACT 174 GOLDEN GATE ESTATES UNIT 17 PLAT BOOK 7 PAGE 5 ZEIII.ER, MARIANNE R OR 5730/1939 37448600006 • VANDERBILT BEACH ROAD N SQ. FT.A. SQUARE FEET RDUE = ROADWAY, DRAINAGE AND UTILITY EASEMENT TE - ROW OR = OFFICIAL RECORDS (BOOK/PAGE) APR 2 9 2020 W E PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL S USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 5 LEGAL DESCRIPTION FOR PARCEL 1258 RDUE A PORTION OF TRACT 124, GOLDEN GATE ESTATES UNIT 17, AS RECORDED IN PLAT BOOK 7, PAGE 5, OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, LYING IN SECTION 36, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: s,IIIII,,, THE WEST 26 FEET OF THE EAST 76 FEET OF THE NORTH 150 FEET OF SAID TRACT u' \,rael A.•�,'. CONTAINING 3,900 SQUARE FEET, MORE OR LESS. _ •pit /LO •�Q.' .• 5307 ° • = s1Lp'• Of RO'I� 6° 0 BO 120 240 �"yC1�A. 3' uRVEroR ___ RE 'DON NO.5301 SKETCH & DESCRIPTION ONLY �� 9waNO BA • v NOT A BOUNDARY SURVEY 9CAO:1'-120' u '1 1,' SEAL FOR: COLDER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS THE AUTHORIZED errs cN A .PLswAS VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: PROPOSED ROADWAY, DRAINAGE StBam WBbw Pan,Drive.suna 200 Napl•a.Flaitla 3410E PARCEL 1256 RDUE UTILITY EASEMENT Phone:(239)597-0575 FAX(239)597-0578 LB No.:8952 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 1 36 48S 27E 1" = 120' 03-20-20 MAW SK1258RDUE 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing.lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office st()..A . 10/S J.2c0 4. BCC Office Board of County �j Commissioners J tb �I 5. Minutes and Records Clerk of Court's Office 10 I a 2tAa:I I rn PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 252-5880 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC 01/14/20(2020-15) 11D Type of Document Number of Original Attached Purchase Agreement Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Init. Applicable) 1. Does the document require the chairman's original signature? - F ..%. s 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. / N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/14/2020 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the111 Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 iID PROJECT NO.: 60168 Vanderbilt Beach Road Ext. PARCEL NO.: 221FEE FOLIO NO.: 37545920003 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into on this t l day of . ( e, - , 2020, by and between KENNETH W. NEWELL AND CHRISTIN M. NEWELL, husband and wife, whose mailing address is 340 12th Avenue NW, Naples, FL 34120-2307 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase a portion of Seller's property as described on attached "Exhibit A" which is incorporated herein by reference, together with all structures and improvements thereon (hereinafter referred to as "the Property"); and WHEREAS, Seller has agreed to sell, and Purchaser has agreed to purchase the Property subject to the terms and conditions that follow. 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be ONE HUNDRED TWENTY-NINE THOUSAND FOUR HUNDRED and 00/100 DOLLARS ($129,400) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 0 � 1 3. CLOSING A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE", "DATE OF CLOSING", or "CLOSING") of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty (30) days of receipt by purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: 1. General Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 6. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification that there has been no adverse change to the state of the title to the Property since 2 I 1 [I the date of the last title commitment, referenced in Paragraph 5 "Title Defects" below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Satisfaction 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 as payoff, paydown, or 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 Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to Purchaser's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 3 1 10 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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 may terminate the Agreement. 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained, the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.B shall 4 I 10 equally apply, and Seller's sole remedy shall be a claim for payment of $500 as liquidated damages. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default or termination without cause 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. C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective 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. D. Seller 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. E. 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 5 1 10 G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. I. Seller has no knowledge that the Property, and/or that 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. J. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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. 6 I 10 L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. B. 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. D. 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: Cj3 o ATTEST: . BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Comptroller BY: BY: =� Deputy Clerk BURT L. SAUNDERS, Chairman Attest as'to Chairman's signature only. 11D AS TO SELLER: DATED: V Z I ZOZZ7 WITNESSES: Aat,4,4C-0 60------------- (Signature) KENNETH W. NEWELL /JCSvi, vcfhr1 SAvY► (Printed Name) z Lik (Signs ure) CHRISTIN M. NEWELL Thy I s F 5+um p (Printed Name) Appr ved as to form and legality: \ ------21. _____ nj ' " Jennifer A. Belpedio ��'I' Assistant County Attorney O,� Last Revised 8/13/2020 8 45 ! 10 12th AVENUE NW — EXHIBIT ik N W �1�- E WEST 150' OF S TRACT 83 I !I LSI 20 sr-,- 3.20' sr-1 la85 TRACT 78 5 TRACT 94 i TRACT 83 GOLDEN GATE ESTATES UNIT 19 PLAT BOOK 7, PAGE 78 WEST LINE OF /EAST LINE OF TRACT 83�_ WEST 150' OF PROPOSED TRACT 83 PARCEL 221 FEE r16,572 SQ. FT. — — — — — — — 1l1 L2 POINT OF el BEGINNING = J L4 VANDERBILT BEACH ROAD SOTRACT UTH N 3E OF SQ. FT. SQUARE FEET 1 E O LINE TABLE FEE FEE SIMPLE PARCEL MAY 13 2020 LINE BEARING LENGTH OR OFFICIAL RECORDS (BOOK/PAGE) L1 N00'28'45"W 110.48' PROPOSED FEE PARCEL L2 N89'31'10"E 149.98' L3 S00'28'45"E 110.50' L4 S89'31'40"W 149.98' LEGAL DESCRIPTION (PARCEL 221 FEE) A PORTION OF TRACT 83, GOLDEN GATE ESTATES UNIT 19, AS RECORDED IN PLAT BOOK 7, PAGE 78, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 27 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 83; THENCE N.00'28'45"W., ALONG THE WEST LINE OF SAID TRACT 83, FOR 110.48 FEET; THENCE N.89'31'10"E., FOR 149.98 FEET TO A POINT ON THE EAST LINE OF THE WEST 1505FTIQ1, AID TRACT 83; �% A THENCE S.00'28'45"E., ALONG SAID EAST LINE, FOR 110.50 FEET TO THE SOUTH LINE GP .0 mcr•8tti/,, THENCE 5.89'31'40"W., ALONG SAID SOUTH LINE, FOR 149.98 FEET TO THE POINT OFF t'. R(i1QF,; di , PARCEL DESCRIBED HEREIN. • O' •• CONTAINING 16.572 SQUARE FEET, MORE OR LESS. 0 . - • 5301 BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE. •'.(f 0 60 120 240 EN, ,' r I /'j JJ SKETCH & DESCRIPTION ONLY EYOR F AEL � Ss FLORIDA CERTIFICATE �.S301 NOT A BOUNDARY SURVEY SCALE: 1'=120' SIGNING DATE: THE SEAL APPEARING ON THIS DOCUMENT WAS FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AUTHORIZED BY MICHAEL A wAFD,Pis VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: PROPOSED FEE SIMPLE PARCEL1j ALI 6610 willow Park Drive.Suite 200 Naples.Florida 34109 PARCEL 221 FEE Phone:(239)597BONo o..FAX:(239)597-0570 52 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 2 33 48S 27E 1" = 120' 4/27/20 maw _ SK221FEE 1 OF 1 1 10 GOLDEN GATE ESTATES UNIT 17 PB 7 PG 5 -_ N 12TH AVENUE N.E. cS CD = rn co ,, S LIOCK, PAT OR 95µ0 72/8 0 0 .".1 37rl, TRACT 6 , N- GOLDEN GATE ESTATES u'nT 17 — PLAT BOOK 7 PAGE 5 ' -t- 15 SOUTH 150' OF r-PROPOSED P41L93N ARLEIIE TRACT 6 �ARCEL 1196 RDUE OR 5386/737 150' Nr. 2,250 SO. FT. COOS 37440300003 & ANDREA CR 3109/1497 UNICASA CEVELOPMENT NC 09 5690/2500 37441680104 o LU Z w TE - ROW TRACT 22 acc TRACT 5 APR 2 9 ZOZO (.1) H0.T TR.,VESPEA H. = OR 1808/1908 I— 3744021000E OD VANDERBILT BEACH ROAD 52 753 /54 755 756 /5/ 758 /59 760 SQ. FT.= SQUARE FEET RDUE - ROADWAY, DRAINAGE AND UTILITY EASEMENT N OR = OFFICIAL RECORDS (BOOK/PAGE) PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT W --� - E I EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL ''` USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 5 C LEGAL DESCRIPTION FOR PARCEL 1196 RDUE A PORTION OF TRACT 6, GOLDEN GATE ESTATES UNIT 17, AS RECORDED IN PLAT BOOK 7, PAGE 5, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 15 FED' OF THE WEST 65 FEET OF THE SOUTH 150 FEET OF SAID TRACT 6. 11111F,,,,1 CONTAINING 2,250 SQUARE FEET. MORE OR LESS. ;0swn�chaei,1 ', .,�eCttfica f@*.'c� • $ti✓ 'k': 0 BO 120 _ 240 SYYuu— bW/ o.SuarFion : SKETCH & DESCRIPTION ONLY $ � °70'' NOT A BOUNDARY SURVEY SCALE:1'=120' ,,. /S 2v ' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS 11Fc n��c .;4s�,C' c, "p.... VANDERBILT BEACH ROAD EXTENSION ",°' and SUS` •' �'/T pnr, hUras n.2+i. SKETCH & DESCRIPTION OF: PROPOSED ROADWAY, DRAINAGE & W ,�'�`�,,,,�;,.a,,,,-, PARCEL 1196 RDUE UTILITY EASEMENT Phony f2]91 59'9CJf.FAX F„'F,'F:= ,, LB No.6952 COLLIER COUNTY. FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.01.00 0001 1 35 48S 27E 1" = 120' 9-15-08 R.M.J. SK1196RDUE 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office VS2C) 4. BCC Office Board of County ,T Commissioners s `', 5. Minutes and Records Clerk of Court's Office 'CCU ►► i�� ) a:01 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 252-5880 Contact/ Department Transportation Engineering-ROW Agenda Date Item was Agenda Item Number Approved by the BCC 01/14/20 (2020-15) 11D Type of Document Number of Original Attached Purchase Agreement Documents Attached l PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (IV Applicable) 1. Does the document require the chairman's original signature? V ,,�1p dye 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. / N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/14/20 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the (� BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 11D Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, November 18, 2020 9:31 AM To: 'Vivian.Rodriguez@colliercountyfl.gov' Subject: Purchase Agreement - Parcel 183FEE Attachments: Viviana Rodriguez.pdf Morning Viviana, Attached is a copy of the referenced document for your records. Thanks, Martha Vergara BMR &VAB Senior Deputy Clerk kN 0.0 I C1�err Office: 239-252-7240 r'', Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com fi Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com i 1 1fl PROJECT NO.: 60168 Vanderbilt Beach Road Extension PARCEL NO.: 183FEE FOLIO NO.: 37540760006 PURCHASE AGREEMENT � /THIS PURCHASE AGREEMENT is made and entered into on this /, 'f day of , 2020, by and between DIANNE L. CARTER, as Trustee of the DIANNE L. CARTER REVOCABLE TRUST AGREEMENT dated July 22, 2019 and CYNTHIA ANN SIMMONS a/k/a CYNTHIA ANN SIMMONS KITE, as tenants in common, whose mailing address is 165 Walker Creek Road, Taft, TN 38488 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase a portion of Seller's property as described on attached "Exhibit A" which is incorporated herein by reference, together with all structures and improvements thereon (hereinafter referred to as "the Property"); and WHEREAS, Seller has agreed to sell, and Purchaser has agreed to purchase the Property subject to the terms and conditions that follow. 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be EIGHTY THOUSAND and 00/100 DOLLARS ($80,000.00) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 3. CLOSING A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE", "DATE OF CLOSING", or "CLOSING") of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty ill) (30) days of receipt by purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10)days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: 1. General Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A"Grantor's Non-Foreign, Taxpayer Identification &"Gap"Affidavit"as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 6. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification that there has been no adverse change to the state of the title to the Property since the date of the last title commitment, referenced in Paragraph 5 "Title Defects" below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. 1 10 E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to Purchaser's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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 may terminate the Agreement. 1 1 D 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained, the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.B shall equally apply, and Seller's sole remedy shall be a claim for payment of $500 as liquidated damages. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default or termination without cause 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. C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective 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. 1 1 a D. Seller 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. E. 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. I. Seller has no knowledge that the Property, and/or that 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. J. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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, 110 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. L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. B. 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. D. 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. 9. PUBLIC DISCLOSURE. 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 s. 286.23, Fla. Stat., under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property before 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.) 1 10 1 TRACT 14 E GOLDEN GATE ESTATES ill UNIT 19 PLAT BOOK 7, PAGE 78 ++nr ANDERSON JR RUSSEL OSC8R DIME I.CARTER/REV TRUST OR 5034/3041 80006 37540120002r 1 g,.., A 5N lap, a 1" I] EAST LINE OF 8 TRACT 14__ WEST LINE OF -/TRACT 14 TRACT 3 PROPOSED TRACT 19 PARCEL 183 FEE 39,623 SQ. FT. N89'31'10"E 329.96' _ _ — — J w- M O I M N C4 / N lo N 0^ 0 z 5 _ :./ c 1 I I S89'31'40"W 329.96' .. SOUTH LINE OF TRACT 14 VANDERBILT BEACH ROAD POINT OF BEGINNING N SQ.FT. SQUARE FEET FEOR PROPOSEDIALFEE SIMPLE ACQUISITION d I E _ ROW A I, W E OR OFFICIAL RECORDS (BOOK/PAGE) �( y V �� PROPOSED FEE SIMPLE PARCEL MAY 1 3 ZOZO S LEGAL DESCRIPTION (PARCEL 183 FEE) A PORTION OF TRACT 14, GOLDEN GATE ESTATES UNIT 19, AS RECORDED IN PLAT BOOK 7, PAGE 78, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 14; THENCE N.00'28'39"W., ALONG THE WEST LINE OF SAID TRACT 14, FOR 120.06 FEET; THENCE N.89'31'10'E., FOR 329.96 FEET TO A POINT ON THE EAST UNE OF SAID TRACT 14; THENCE S.00'28'39'E., ALONG SAID EAST LINE, FOR 120.11 FEET TO A POINT ON THE SQ4Tii,LINE OF SAID TRACT 14; A THENCE S.89'31'40'W., ALONG SAID SOUTH LINE, FOR 329.96 FEET TO THE POINT,0� 4F/1E PARCEL HEREIN DESCRIBED; ' * .,`i ''''''• e<tlficei •..61 dQ CONTAINING 39,623 SQUARE FEET, MORE OR LESS. • G BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE. : �'.N 630y 0:% * __ i.v'��•fNp a0flda/o4 `` i III 4 4` �/'', 2► 0 80 120 240 BY: 1 SKETCH & DESCRIPTION ONLY I 1 FuCNa RE DWTRRDA.IT OPRN FCEESRSTIONAALTY'L NOD. 5 NOT A BOUNDARY SURVEY SCALE:1'-120' SGHI"D DATE' SEN. INES FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS TNEAUTHORIZE BAPPEARING MICHONAEL A WWAARDUMENTPISWAS VANDERBILT BEACH ROAD EXTENSION w P SKETCH & DESCRIPTION OF: PROPOSED FEE SIMPLE IYWilki 6610 W,Naplloes,FloridaarkDrive.34Suite 109 200 PARCEL 183 FEE ACQUISITION Phone:(239)5910 05 :(239)597-0578 :6952 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION'TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 1 33 48S 27E 1" = 120' 5/6/20 MAW SK183FEE 1 OF 1 i 1D IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: /////2) ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court-_&'Comptroller BY: "►� ��'�� ��''~ Ape BY: Deputy Clerk Attest.as-tO'ha' ,i1!4" -- BURT L. SAUNDERS, Chairman AS TO SELLER: ssgrtare oily. DATED: ii/ /tea WITNESSES: DIANNE L. CARTER Revocable Trust Agreement dated July 22, 2019 11 I / '///4* (Sig ature) IANNE L. CARTER, Individually and as Trustee ( rinte Name) ignature) 4161510ainith ad Print=: ir41110�/ �i �p ( 1. r CY/NTHIA ANN SIMMONS KITE (Printed Na • -) ( u Van /ZO<L r-/v I D (Prifited Name) Item# �1�— Agenda Approved as tofarm nd legality: date Elce J3° \ Rec'd Jennifer A. Belpedio t- - - -• � ..r;, Assistant County Attorney �` wO;�Ujerk ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office 2 '- tiWe 2020 2. BCC Office Board of County S 4/ . Commissioners I�J 3. Minutes and Records Clerk of Courts Office (YiU 111i,1 VX° PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/Department Agenda Date Item was 01/14/2020 Agenda Item Number 11.D Approved by the BCC (Resolution 2020-015) Type of Document Number of Original Attached Agreement Documents Attached 1 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? Si.q 0.— f au KD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD _signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/14/2020 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County KD an option for Attorney's Office has reviewed the changes,if applicable. is line. 9. Initials of attorney verifying that the attached document is the version approved by the w.0 A is not BCC,all changes directed by the BCC have been made,and the document is ready for the option for Chairman's signature. this line. Scan under Project 60168—VBR Extension: Parcel 1133FEE Please email a copy of the signed Agreement,to Karen.Dancsec@CollierCountyFL.gov 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 11D Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, November 18, 2020 9:19 AM To: DancsecKaren Subject: Purchase Agreement - Parcel 1133FEE (Folio#37496280009) Attachments: Karen Dancsec.pdf Morning Karen, Attached for your records is a copy of the referenced document. Thanks, Martha Vergara BMR &VAB Senior Deputy Clerk L.. K , r Office: 239-252-7240 � — �r�'� Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County < 4* r g,1/44t- 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com i i ill PROJECT NO.: 60168 Vanderbilt Beach Road Ext. PARCEL NO.: 1133FEE FOLIO NO.: 37496280009 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into on this I IP day of Pie v+. , 2020, by and between DEBORAH C. NICHOLS, AS TRUSTEE O THE NICHOLS REALTY INC. PROFIT SHARING PLAN, whose mailing address is 1475 Osprey Avenue, Naples, Florida 34102-3448 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase a portion of Seller's property as described on attached "Exhibit A"which is incorporated herein by reference, together with all structures and improvements thereon (hereinafter referred to as "the Property"); and WHEREAS, Seller has agreed to sell, and Purchaser has agreed to purchase the Property subject to the terms and conditions that follow. 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be FORTY-SIX THOUSAND and 00/100 DOLLARS ($46,000.00) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. C5:4) 1 1 a 3. CLOSING A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE", "DATE OF CLOSING", or "CLOSING") of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty (30) days of receipt by purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: 1. General Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 6. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. 2 0 1 10 C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification that there has been no adverse change to the state of the title to the Property since the date of the last title commitment, referenced in Paragraph 5 "Title Defects" below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Satisfaction 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 as payoff, paydown, or 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 Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to Purchaser's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 3 �� Q 11E1 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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 may terminate the Agreement. 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained, the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.B shall 10 4 11 equally apply, and Seller's sole remedy shall be a claim for payment of $500 as liquidated damages. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default or termination without cause 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. C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective 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. D. Seller 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. E. 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. Ova 1 1 a G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. I. Seller has no knowledge that the Property, and/or that 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. J. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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. 6 1 10 L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. B. 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. D. 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. 9. PUBLIC DISCLOSURE. 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 s. 286.23, Fla. Stat., under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property before 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.) 1 1 a IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: II IV, itZiab ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KiNZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Comptroller - BY: 1.,/ 4",...t,""tabal- Deputy Clerk IMF BURT L. SAUNDERS, Chairman Attest as to Chairman's signature only. AS TO SELLER: DATED: 1 I \ I(p\ AOaa THE NICHOLS REALTY INC. PROFIT SHARING PLAN WITNE0.1SSES: ? i%�1-- BY: (Signature) De orfs ah C. Nichols, Individually and as Trustee Hoak- gt"Alc r.La,, (Printed Name) (Signature) (Printed Name) Item# i 1 y Agenda II,d,' Ap ved as to for and legality: 0 Date (� pa Dcte 4t9 ) �\� Rec'd I��i3 dam' Jennifer A. Belpe o w Li --- 1 '70," r:onut}Clerk mg Assistant County Attorney 8 EXHIBIT - A 1 1a 12TH AVENUE N.E. TRACT 86 GOLDEN GATE ESTATES UNIT 18 PLAT BOOK 7 PAGE 7 180' TRACT 75 TRACT 91 NICHDLS TR,DEBORAH C wanpcz cam GATOR INESTEENT 1018U1.ONES dSTN%/YB 44R. 'SR��PSP TR 596/3O OR 1//2447 OR OR 5705/903OR 5185/D001 H390001 3749536010E 3749�90009 37496240007 374/95601D1 WEST 180' OF TRACT 86 PROPOSED PARCEL 1133 FEE 18,000 SQ. FT. X ,i 100 •'C� K v, 7_'O �,< .'1Y b33. . 734 736 ',37 738 I I I ' 1• I 1 I I I VANDERBILT BEACH ROAD TE - ROW N SQ. FT. SQUARE FEET MAY 4 2020 FEE FEE SIMPLE PARCEL W 4 E OR OFFICIAL RECORDS (BOOK/PAGE) r`/ > PROPOSED FEE PARCEL S LEGAL DESCRIPTION FOR PARCEL 1133 FEE A PORTION OF TRACT 86, GOLDEN GATE ESTATES UNIT 18, AS RECORDED IN PLAT BOOK 7, Ft�f.'d?�PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 34, TOWNSHIP 48 SOUTH, RANQ£' 1 et91ILIA.COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ,. • '•••....'•p,a Li . • THE SOUTH 100 FEET OF THE WEST 180 FEET OF SAID TRACT 86. ' ,.•�jeit+fic,�/°+,•0-:. CONTAINING 18,000 SQUARE FEET, MORE OR LESS. 73:•� 53(9, O•e 0 60 120 240 �" r,' "ffinlit,% .... IACM•EL A WNW, SKETCH do DESCRIPTION ONLY F— —� ``OMA 2C .' 0)SIGNING DATE. j NOT A BOUNDARY SURVEY WALE:1'-120' 14 FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS TIE ~E MINC ON EL .WAS AUTbl1®�Y IaGINIL A NNW,RS VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: PROPOSED FEE SIMPLE PARCEL kil 6610 ow Park Drrve,Suite 200 Naph9.Florida 31709 PARCEL 1133 FEE Mow (239)697 No..6952(239)697-0670 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 1 34 485 27E 1" = 120' 4/29/20 MAW SK1133FEE 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP nn TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 U THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. NNN 3. County Attorney Office County Attorney Office 4- 4. BCC Office Board of County Commissioners t tqC)- J 5. Minutes and Records Clerk of Courts Office t tl:' PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was 01/14/20(2020-015) Agenda Item Number l ID Approved by the BCC Type of Document Purchase Agreement Number of Original Attached Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Infti Applicable) 1. Does the document require the chairman's original signature? S- eidc 01( 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed N by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's ..-rz Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the / document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 1/14/20 and all changes made during the, meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 1 a MEMORANDUM Date: September 21, 2020 To: Vivian Rodriquez, Transportation Eng. - ROW From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Purchase Agreement— Project #60168 Parcel: 231FEE Folio #00209080009 Attached is an original of each document referenced above, (Agenda Item #11D) approved by the Board of County Commissioners on Tuesday, January 14, 2020. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment PROJECT NO.: 60168 Vanderbilt Beach Road Ext. PARCEL NO.: 231FEE FOLIO NO.: 37547080006 PURCHASE AGREEMENT THIS PURCHASE/GREEMENT is made and entered into on this ((, /`` day of f Wiz, r , 22O by and between ROXANNE BENITEZ, a single woman, whgse mailing a , ress is 210 12th Ave NW, Naples FL 34120 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase a portion of Seller's property as described on attached "Exhibit A"which is incorporated herein by reference, together with all structures and improvements thereon (hereinafter referred to as "the Property"); and WHEREAS, Seller has agreed to sell, and Purchaser has agreed to purchase the Property subject to the terms and conditions that follow. 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be ONE HUNDRED SEVENTEEN THOUSAND EIGHT HUNDRED and 00/100 DOLLARS ($117,800) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement. Purchaser shall also pay Owner's Attorneys' Fees and Costs in the amount of $4,455 to NJ Law PLLC, IOTA. All such payments shall be made in U.S. currency at time of closing and shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all Attorneys' Fees, Expert Witness Fees and Costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 3. CLOSING A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE", "DATE OF CLOSING", or "CLOSING") of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty (30) days of receipt by purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be 1 1 D held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: 1. General Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 6. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification that there has been no adverse change to the state of the title to the Property since the date of the last title commitment, referenced in Paragraph 5 "Title Defects"below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Satisfaction 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 I, 2 e^ 1 1 D as payoff, paydown, or 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 Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to Purchaser's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 3 110 B. 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 may terminate the Agreement. 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained, the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.6 shall equally apply, and Seller's sole remedy shall be a claim for payment of $500 as liquidated damages. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default or termination without cause 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. C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11D B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective 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. D. Seller 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. E. 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. 110 I. Seller has no knowledge that the Property, and/or that 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. J. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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. L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. B. 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. 11D D. 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: L �o� ��c3 � ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIE C TY, FLORIDA Circu' Court & Com Iler Y. BY: 00.1/A k*-41(4- eputy Clerk ' ??;} o Chairman's Penny T p 'Taylor, Chairperson AS TO SELLER'--1-,,,-.; An!li DATED: WIT ESSES: (tignatur ) ROXANNE BENITEZ cut cS (Printed Name) A-- (Signature) Mir(Printed Name) Approved as to form and legality: v U Jennifer A. Belpedio w` Assistant County Attorney 7 0 r 1 1 D - ta.."P:'1;2 12th AVENUE NW — N q W �� E ' clii> EAST 180' OF I TRACT 99 S r i 1 lial . NI 1!n I1151 #8 lag !4 TRACT 110 154 ri TRACT 94 NTRACT 99 GOLDEN GATE ESTATES UNIT 19 PLAT BOOK 7, PAGE 78 BEAST LINE OF TRACT 99 WEST UNE OF PROPOSED EAST 180' OF PARCEL 231 FEE TRACT 99 \ r19,908 SO. FT 11 -- - - - - - - L3 POINT OF' CV BEGINNING r _ 095 68 8:y i ' L1 \SOUTH UNE OF VANDERBILT BEACH ROAD TRACT 99 T E - ROW LINE TABLE SQ. FT. SQUARE FEET UNE BEARING LENGTH FEE FEE SIMPLE PARCEL MAY 4 ZOZO L1 S89'31'40'W 179.98' OR OFFICIAL RECORDS (BOOK/PAGE) U N00'28.46"W 110.60' PROPOSED FEE PARCEL L3 N89'31'10'E 179.98' L4 SOO.28'47'E 110.62' LEGAL DESCRIPTION (PARCEL 231 FEE) A PORTION OF TRACT 99, GOLDEN GATE ESTATES UNIT 19, AS RECORDED IN PLAT BOOK 7, PAGE 78. OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 99; THENCE 5.89'31'40'W., ALONG THE SOUTH LINE OF SAID TRACT 99, FOR 179.98 FEET TO A POINT ON THE WEST LINE OF THE EAST 180 FEET OF SAID TRACT 99; THENCE N.00'28'46�141., ALONG SAID WEST LINE, FOR 110.60 FEET: ��5 gt?I q.'' ', THENCE N.89.31.10.E., FOR 179.98 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 9�►s_,cr �e, THENCE S.00'28'47-E., ALONG SAID EAST UNE, FOR 110.62 FEET TO THE POINT OF BEGINS •�''ft P,(1jt6•��a• DESCRIBED HEREIN. • 0C e + CONTAINING 19,90E SQUARE FEET. MORE OR LESS. _ •V O . BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE. • 530 t • • 's 6 of Roc.••�0� Sv • 0�- ---+60-120 2401 q,. ••and `. SKETCH Al DESCRIPTION ONLY C_-_1 �____ F MONS a 1 NOT A BOUNDARY SURVEY SCALE:1'-io(3' "''N0 DAR: ') FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS 71Eumw.gm 00 111 SEAL APPEARING Cwn A WARD. VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: PROPOSED FEE SIMPLE PARCEL Naples.Florida 34109 PARCEL 231 FEE 6610 MINA Park ate•.s1x•z0c PN3011 -12391597 775 FAX 1239)597-0578 LB No 6952 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY RLE NAME SHEET 060119.06.00 1 33 4$S 27E 1" = 120' _ 4/28/20 MAW SK231FEE 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing`lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 3. County Attorney Office County Attorney Office262. 4. BCC Office Board of County 6 19,d.,) Commissioners J. , I 5. Minutes and Records Clerk of Court's Office 1 � PRIMARY CONTACT INFORMATION l Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was 01/14/20 Agenda Item Number 11D Approved by the BCC Type of Document Purchase Agreement Number of Original Attached Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. � �K (In' to Applicable)1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. / N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 1/14/20 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's e._ Office has reviewed the changes,if applicable. • 9. Initials of attorney verifying that the attached document is the version approved by the " „9 BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 10 MEMORANDUM Date: September 21, 2020 To: Vivian Rodriquez, Transportation Eng. - ROW From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Purchase Agreement— Project #60168 Parcel: 331FEE & 331TDRE Folio #00209080009 Attached is an original of each document referenced above, (Agenda Item #11D) approved by the Board of County Commissioners on Tuesday, January 14, 2020. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 1 1 D PROJECT NO.: 60168 Vanderbilt Beach Road Extension PARCEL NO.: 331FEE & 331TDRE FOLIO NO.: 00209160000 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into on this 14. day of n"RAJ _ , 2020, by and between SCOTT A. STONIER and SUSAN B. STONI R, husband and wife, whose mailing address is 1210 Massey St, Naples, FL 34120 (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase 1) a portion of Seller's property as described on attached "Exhibit A," which is incorporated herein by reference, together with all structures and improvements thereon (hereinafter referred to as "Parcel 331 FEE"); and 2) a Temporary Driveway Restoration Easement over, under, upon and across a portion of the Seller's property as described on attached Exhibit "B," which is incorporated herein by reference (hereinafter referred to as "Parcel 331TDRE"); and WHEREAS, Purchaser has requested that Seller convey to Purchaser in fee simple the lands described on attached "Exhibit A" and a Temporary Driveway Restoration Easement over, under, upon and across the lands described on attached "Exhibit B;"and WHEREAS, Seller has agreed to sell Parcel 331FEE and Parcel 331TDRE (Parcel 331FEE shown on Exhibit "A" and Parcel 331TDRE shown on Exhibit "B," (hereinafter collectively referred to as "the Property") to Purchaser for the stated purposes on the terms and conditions set forth herein. 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall convey the Property to Purchaser and Purchaser shall purchase the Property from Seller. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be FORTY-ONE THOUSAND and 00/100 DOLLARS ($41,000.00) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and distribution of proceeds 110 Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 3. CLOSING A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE", "DATE OF CLOSING", or "CLOSING") of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty (30) days of receipt by Purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: 1. General Warranty Deed in favor of Purchaser conveying title to Parcel 331 FEE, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Temporary Driveway Restoration Easement conveying Parcel 331TDRE; 3. Combined Purchaser-Seller closing statement. 4. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 5. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 2 - , ',CM)� 110 6. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 7. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification that there has been no adverse change to the state of the title to the Property since the date of the last title commitment, referenced in Paragraph 5 "Title Defects" below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all deed and easement recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Satisfaction 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 as payoff, paydown, or 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 Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before 3 ,ttt 1 1 D construction and without interruption or inconvenience to Purchaser's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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 may terminate the Agreement. 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. 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 and as provided for in Paragraph 3.A. or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as 4 110 Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained, the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.B shall equally apply, and Seller's sole remedy shall be a claim for payment of $500 as liquidated damages. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default or termination without cause 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. C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective Date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed and an easement 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. D. Seller 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. E. Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, s � 11D 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. I. Seller has no knowledge that the Property, and/or that 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. J. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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 6 11ii 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 that may restrict or change any other condition of the Property. L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. TERM OF EASEMENT - The term of Temporary Driveway Restoration Easement Parcel 331TDRE shall commence upon the issuance of Purchaser's official Notice to Proceed to its roadway contractor for the construction of Vanderbilt Beach Road Ext Project No. 60168, and shall automatically terminate three (3) years therefrom. 9. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. B. 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. D. 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. 1 1 D IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: t la's ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIE C NTY, FLORIDA Circ Court & C troller Y: BY: Deputy,C4106 to t.nair nan.'s signature only. Penny Taylor,Chairperson AS TO SELLER: DATED: fV2IYA WITNESSES: (Signature) SCOTT A. STONIER MiclUtel McbONAL (Printed Na ) (Signal re SUSAN B. STONIER Li (Printed Name) Approved as to form and legality: A� Jennifer A. Belpedio �rY Assistant County Attorney 8 11D WALKER.BENJAMIN OR 5229/3257 00209060009 MOP WEST LINE SECTION 36 PROPOSED PARCEL 331 FEE 5,871 SQ. Fr. STONIER.SCOTT&SUSAN OR 2615/1446 00209160000 79305008042 79305008026 -- D 79305008000 Cn 79305007988 (n ---I 79305007962 —1 NCKAEL R STEVENS 20,6 TR OR 5376/2492 00209181203 TE - ROW AUG 1 9 2020 E FEE PROPOSED FEE SIMPLE PARCEL w DTI. OR OFFICIAL RECORDS (BOOK/PAGE) PROPOSED FEE LEGAL DESCRIPTION (PARCEL 331 FEE) A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 35 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONTAINING 5.871 SQUARE FEET, MORE OR LESS. BEARINGS ARE BASED ON STATE PLANE COORDINATES. FLORIDA EAST ZONE `yN A/••I••I r e lar. %(> • C� Z: i 530 0 • a; ��f-of Flood .�o� 'rd • S.�'e ..,.• 1 „A,,A irjiM1/,t 0 50 120 2.40 8, SKETCH & DESCRIPTION ONLY (__ - FLORIDA A.WASTE PROFESSIONAL LAND SURVETOR ORIDA REGISTRATION CERTIFICATE NO.5301 NOT A BOUNDARY SURVEY SCALE:1'=120' WNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS THE SEALAUTHORIZED IZED RE ON IRIS WARD.PL WAS AMI CAPE 91'MO IR A WARD,NT VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: 66+o wolow o sua NaPlea.Pa FloridakIve.34)09a 230 FEE SIMPLE PARCEL Phone:(239)597-0575 FAX:(239)597-0578 PARCEL 331 FEE LB No.6952 COLLIER COUNTY. FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 6 36 48S 26E 1" = 120' 8/19/20 DAM SK331FEE 1 OF 1 110 ri WALKER,BEN.NMN 59 0 020906009088 009 OD WEST LINE SECTION 36 •ems PROPOSED „� L4 PARCEL 331 TORE / POINT OF I- 1'200 SO' FT. (COMMENCEMENT CA �" STONER.SCOTT&SU A11 r 1 L 00209160000 79305006042 N3, L'POINT OF il-11— 1\ Li i BEGINNING, 79305008026 I I D 1 UNE TABLE 7930500e000 (AlCA LINE BEARING LENGTH Fri —< L1 S89'50'47-E 35.03' 7930500796e (/I 1_2 NO2'16.32*W 79.79' m! L3 NO2'16'32'W 40.00' 79305007962 -1 I KIWI R STEVERS 2016 TR L4 N87'43'28"E 30.00' OR 5376/2492 CO209161203 L5 S02 16.46"E 40.00' L6 S87'43'28"W 30.00' N TORE PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT W E OR OFFICIAL RECORDS (BOOK/PAGE) PROPOSED TORE LEGAL DESCRIPTION (PARCEL 331 TDRE) A PORTION OF THE SOUTH HALF OF THE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 36; THENCE ALONG THE NORTH UNE OF SAID SOUTHWEST QUARTER, 5.8750'47-E., FOR 35.03 FEET; THENCE N.0216'32'W., FOR 79.79 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE CONTINUE N.02'16'32"W., FOR 40.00 FEET; THENCE N.87'43'28'E., FOR 30.00 FEET; THENCE S.02'16'46-E., FOR 40.00 FEET; THENCE S.8743'28'W., FOR 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 1,200 SQUARE FEET, MORE OR LESS. BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONED .' .,e,.-I,., i.,� — ROW: ••Gerh„(,•. .,L- cn11 "c=;RY DRIVEWAY m v - S .F RESTORATION EASEMENT N - ti'' Of (DURATION:3 YEARS 0' '., a••.: �or1�S • �• - ••'' 01 'V Surve l T,I 1 SKETCH & DESCRIPTION ONLY __I I_ —1 �=2:E, ,9,,„0„OEMCATE�N0 sx r'F NOT A BOUNDARY SURVEY SCALE:1'-120' SKGMNG DOTE FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS THE SEAL Avv BY ON 81. WAS AVff APPE BY NEL A MAID.PLS VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: 6610 Wllbw k v Nepks.Pu FbnDtlee.341G9Suite 200 1aL PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT Phone.(239)597-0575 FAX'(239)597-0578 PARCEL 331 TDRE LB No.6952 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP-RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 5 36 48S 26E 1" = 120' 7/21/20 _ DAM SK331TDRE 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i 1 D THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing fines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office -(31'11?› l I l ,aladl 4. BCC Office Board of County �1 Commissioners r fr t'1' J 5. Minutes and Records Clerk of Court's Office t 114614 +�q� PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was 01/14/20(2020-015) Agenda Item Number l l D Approved by the BCC Type of Document Purchase Agreement Number of Original Attached Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (lnrt' ) Applicable) I. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. %77 N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed \(�, by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's �.- Office and all other parties except the BCC Chairman and the Clerk to the Board '7 N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 1/14/20 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for t Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revis0 .2'.05;Revised 11/30/12 110 MEMORANDUM Date: September 21, 2020 To: Vivian Rodriquez, Transportation Eng. - ROW From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Purchase Agreement— Project #60168 Parcel: 332FEE, 332TDRE1 & 332TDRE2 Folio #00209080009 Attached is an original of each document referenced above, (Agenda Item #11D) approved by the Board of County Commissioners on Tuesday, January 14, 2020. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment PROJECT NO.: 60168 Vanderbilt Beach Road Extension 11D PARCEL NO.: 332FEE, 332TDRE1& 332TDRE2 FOLIO NO.: 00209080009 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into on this Ja day of , , 2020, by and between BENJAMIN WALKER, a married man, wh mailing ad ss is 1240 Massey St, Naples, FL 34120 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase 1) a portion of Seller's property as described on attached "Exhibit A," which is incorporated herein by reference, together with all structures and improvements thereon (hereinafter referred to as "Parcel 332FEE"); and 2) two (2) Temporary Driveway Restoration Easements over, under, upon and across portions of the Seller's property as described on attached Exhibit "B1" and "B2," which are incorporated herein by reference (hereinafter referred to as "Parcel 332TDRE1" and "Parcel 332TDRE2"); and WHEREAS, Purchaser has requested that Seller convey to Purchaser in fee simple the lands described on attached "Exhibit A,"and two (2) Temporary Driveway Restoration Easements over, under, upon and across the lands described on attached "Exhibit B1" and "Exhibit B2;" and WHEREAS, Seller has agreed to sell Parcel 332FEE, Parcel 332TDRE1 and Parcel 332TDRE2 (Parcel 332FEE shown on Exhibit "A" and Parcel 332TDRE1 shown on Exhibit"B1" and Parcel 332TDRE2 shown on Exhibit"B2," hereinafter collectively referred to as "the Property") to Purchaser for the stated purposes on the terms and conditions set forth herein. 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall convey the Property to Purchaser and Purchaser shall purchase the Property from Seller. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be NINETEEN THOUSAND ONE HUNDRED and 00/100 DOLLARS ($19,100.00) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and 110 distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 3. CLOSING A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE", "DATE OF CLOSING", or "CLOSING") of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty (30) days of receipt by Purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: 1. General Warranty Deed in favor of Purchaser conveying title to Parcel 332FEE, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 2. Temporary Driveway Restoration Easement conveying Parcels 332TDRE1 and 332TDRE2; 3. Combined Purchaser-Seller closing statement. 4. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 5. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 110 6. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 7. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification that there has been no adverse change to the state of the title to the Property since the date of the last title commitment, referenced in Paragraph 5"Title Defects" below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all deed and easement recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Satisfaction 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 as payoff, paydown, or 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 Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring, and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to Purchaser's contractor. All 3 ONO 11D Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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 may terminate the Agreement. 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. 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 and as provided for in Paragraph 3.A. or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be 110 paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained, the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.B shall equally apply, and Seller's sole remedy shall be a claim for payment of $500 as liquidated damages. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default or termination without cause 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. C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective Date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed and an easement 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. D. Seller 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. E. 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 1 1 a could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. I. Seller has no knowledge that the Property, and/or that 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. J. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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 6 1 1 D 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 that may restrict or change any other condition of the Property. L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. TERM OF EASEMENT - The term of Temporary Driveway Restoration Easements Parcel 332TDRE1 and Parcel 332TDRE2 shall commence upon the issuance of Purchaser's official Notice to Proceed to its roadway contractor for the construction of Vanderbilt Beach Road Ext Project No. 60168, and shall automatically terminate three (3) years therefrom. 9. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. B. 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. D. 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. 11a IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: kl0' t 2a L ATTEST: BOARD F COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLI NTY, FLORI A Circ Court & Co ptroller B . ' BY: Deputy Clerkttes as to Chairman's Penny Taylor,Chairperson signature only, AS TO SELLER: DATED: 1 /0-7 1 Z� WITNESSES: (Signature) BENJAMIN WALKER 13rvc. e_ cer (Printe ame) ure) MICOLE WALKER (P inted Name) Approved as to form(and legality: 0 ,0\.„ Jennifer A. Belpedio Assistant County Attorney N 8 11D MAtAiA RCI9N W t RAOIIEI MrAfA eARc9A&3Dsc r� i�ip3 OR 3756/2912 0020972000! r.• PRQPO.SED PARCEL 332 FEE 5,842 SO. FT. la I N WNRR.SQUAW OR 5229/3257 00209090009 WEST LINE SECTION 36 D Ln L) Tn 510NER.scOTr It REM OR 2975/1446 00209190000 79305006042 m In 79305008026 rl FEE PROPOSED FEE SIMPLE PARCEL TE - ROW _ OR OFFICIAL RECORDS (BOOK/PAGE) AUG 1 3 2020 w E F-1 PROPOSED FEE LEGAL DESCRIPTION (PARCEL 332 FEE) A PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 35 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COWER COUNTY. FLORIDA CONTAINING 5.842 SQUARE FEET, MORE OR LESS. BEARINGS ARE BASED ON STATE PLANE COORDINATES. FLORIDA EAST ZONE t,,,t,,,,,, , ' , • •d , •etrficf • jZ• 0 90 t20 240 �. /� O T SKETCH do DESCRIPTION ONLY � 9.raacss.0i w�OSsontr7 NOT A BOUNDARY SURVEY scut:t'-tzo' EkTrti FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS me VANDERBILT BEACH ROAD EXTENSION '-t, (and S') ' SKETCH do DESCRIPTION OF: • t 1s919 9AWl Pars Dnr..suns 200 N�lee.Florltla 34tOB PROPOSED FEE SIMPLE PARCEK Prone:(239I597-0575 FAX;(23915 W-0576 PARCEL 332 FEE .6 No.6952 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSNIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 - 36 48S T 26E 1 = 120' 8/13/20 DAM SK332FEE 1 OF 1 110• \ ' GGRCN 8EN14e11 6 RA5UEI WRu GORUA 6::SE GARCIAi0R 375612PROPOSEDPARCEL332TDL4 / 1,041 SO. FT — i 3r, CD 1r,, LP TABLE WIN L2 UNE BEARING LENGTH E L I NO2'16'32'W 298.40' D POINT OF mum BEKANN tLn BEGINNING 0R up 7 L2 N8T43'28-E 35.00' m L3 NO2'16'29'W 35.33' T7l WEST LINE I L4 S89'48'06-E 30.03' SECTION 36 In --I L5 S02'16'32'E 34.04' ' POINT OF Tm*1 L6 SB7-43'281N 30.00' COMMENCEMENT i STONER,scort&WSW OR 2015/1446 002061 001100 79305008042 79305008026 TE - ROW N AUG 13 2020 TDRE PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT W i E OR OFFICIAL RECORDS (BOOK/PAGE) PROPOSED TORE S LEGAL DESCRIPTION (PARCEL 332 TDRE) A PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLUER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 36; THENCE ALONG THE WEST UNE OF SAID SECTION 36, N.02'18'32'1N., FOR 298.40 FEET; THENCE N.8743'28'E., FOR 35.00 FEET TO NE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE N.0716'29-W., FOR 35.33 FEET; THENCE S.89'48'06'E., FOR 30.03 FEET; THENCE S.02'16'32'E., FOR 34.04 FEET; THENCE S.87'43'281W., FOR 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 1,041 SQUARE FEET, MORE OR LESS. BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE Y!M 1MRY D. `, I1111,,, RESTORATION EASEMENT .�` �nhaef A VoRAT)ON:31 EARS ........ . L. .;G 0 e,tttficf •.•o--_, ' s�I 1 ar1yJ is go 0 60 120 240 By. •7 • ' SKETCH & DESCRIPTION ONLY L_ J - -L _.__ - � 0..... gvlperoa NOT A BOUNDARY SURVEY BCAtE:t'-120' n E sFx 1fe9.ral.Adi• —,10 FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS wrwmN�U �. VANDERBILT BEACH ROAD EXTENSION .ttttlttttA` SKETCH & DESCRIPTION OF: 66m N Ie Pa o o na.style za9 Naples,wI1 On 3I109 PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT Y wkMO (239)597-0575 FAX'(239)597-0578 PARCEL 332 TDRE LB No,:6952 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP—RANCE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 6 36 486 26E 1' = 120' 8/13/20 DAM SK332TDRE 1 OF 1 1113 CARCK 1801JA118&RAM. MARA GARCA&JOSE GARC2 OR 3738/2912 00208720001 Tkii X UNE TABLE 7 'POINT OF) UNE BEARING LENGTH L2 L3` L1 NO2'16'32•'W 240.69' w8L6 002 20908/0009 8E316619OR 237 L2 N8743'28-E 35.00' > cn WEST UNE L3 N8743'28"E 40.00' 1Il `N SECTION 36 L4 S02'16'32"E 60.00' I Ls PROPOSED �' 'ARM 332 TDRE2 L5 S87'43'28"W 40.00' 2,400 SO. FT. POINT OF L6 NO2'16'32"W 60.00' COMMENCEMENT K STOMER.SCOTT&SUSAN . D OR 2615/1448 G0209160000 79305008042 . V) TTl 79305008026 -I-I 70 rn 79305008000 I --I TORE PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT +ti -- OR OFFICIAL RECORDS (BOOK/PAGE) I PROPOSED TDRE LEGAL DESCRIPTION (PARCEL 332 TDRE2) A PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 36; THENCE ALONG THE WEST UNE OF SAID SECTION 36, N.02.16'32"W., FOR 240.69 FEET; THENCE N.8743'28"E., FOR 35.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL' THENCE CONTINUE N.8743'28"E., FOR 40.00 FEET; THENCE S.02'16.32"E., FOR 60.00 FEET; 1,, , , ,, THENCE S.8743'28'W, FOR 40.00 FEET; �, �� �j, , THENCE N.02'16.32.W., FOR 60.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCCR( ,414010 �,''. CONTAINING 2,400 SQUARE FEET, MORE OR LESS. :••;'`\\4�fa1F• UQ BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE = 5301 TE - ROW -,, �°tE of A.' :• - NOV 1 2 2020 /eyed Lan`�5�0' , '',,1,1R,,, 0 80 120_ 240 //./V /1'l/� 4. SKETCH & DESCRIPTION ONLY l }-- { = �cxei A way.,PROCESSIONAL1ANp ROMA NOT A BOUNDARY SURVEY SCALE:1'-120' WAND DATE Awo ceP�nca E AO �� FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS THE UTH APPEARING 87 oN EL DOCUMENT440,6IWAS AUTHORIZED 9l' CN"M A WARD, VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: 6610 Willow Park Odve,Sono 200 Naples.Florida 34109 M PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT Pre:(239)597-0575 FAX(239)597.0578 PARCEL 332 TDRE2 L9 No:6952 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 7 36 48S 26E 1" = 120' 11/2/20 DAM SK332TDRE2 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing_lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 2/ 102 I 4. BCC Office Board of County Commissioners Ja -a-1 5. Minutes and Records Clerk of Court's Office q 5 431,10a-i 414/44 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was 01/14/20(2020-015) Agenda Item Number 11D Approved by the BCC Type of Document Purchase Agreement Number of Original Attached Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (I . Applicable) 1. Does the document require the chairman's original signature? �{,i y,•••,, 0 104- 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be \cL) signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. / N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 1/14/20 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the 49.,411% BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised . -.w ;Revised 11/30/12 11 © MEMORANDUM Date: February 3, 2021 To: Vivian Rodriquez, Transportation Eng. - ROW From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Purchase Agreement — Project #60168 Parcel: 1231FEE Folio #37445960008 Attached is an original of each document referenced above, (Agenda Item #11D) approved by the Board of County Commissioners on Tuesday, January 14, 2020. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment PROJECT NO.: 60168 Vanderbilt Beach Road Extension 1 1 a PARCEL NO.: 1231 FEE FOLIO NO.: 37445960008 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into on this `ti 1 day of rt Lt- c_. r , 2021, by and between WALTER A. ALARCON and LOLI M. ALA CON, husband and wife, whose mailing address is 1406 Cardinal Lane, Naples, Fl 34787 (hereinafter collectively referred to as"Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase a portion of Seller's property as described on attached "Exhibit A"which is incorporated herein by reference, together with all structures and improvements thereon (hereinafter referred to as "the Property"); and WHEREAS, Seller has agreed to sell, and Purchaser has agreed to purchase the Property subject to the terms and conditions that follow. 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be THIRTY-SIX THOUSAND and 00/100 DOLLARS ($36,000) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 3. CLOSING A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE", "DATE OF CLOSING", or "CLOSING") of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty (30) days of receipt by purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering to 11D Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: 1. General Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 6. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification that there has been no adverse change to the state of the title to the Property since the date of the last title commitment, referenced in Paragraph 5 "Title Defects" below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Satisfaction 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 as payoff, paydown, or for the protection of its security interest, or as consideration 2 11D due to any diminution in the value of its property right, shall be the responsibility of the Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring, and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to Purchaser's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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 3 10 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 may terminate the Agreement. 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained, the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.B shall equally apply, and Seller's sole remedy shall be a claim for payment of $500 as liquidated damages. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default or termination without cause 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. C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. 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 4 1 1 0 contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective 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. D. Seller 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. E. 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. I. Seller has no knowledge that the Property, and/or that 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 5 11D 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. J. There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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. L. Seller represents, warrants, and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. B. 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. 6 1 1 D D. 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED:bh ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL,'CI3rk of the COL R OUNTY, FLORIDA Circuit Court & ComptroHef BY: { ` BY 041.41-8 L-- 1/11"1" Deputy Clerk•• 'Zest as to hatmrall't • Penny Taylor,Chairperson sgiattlre on y. V AS TO SELLER: DATED: WITNESSES: '41r (Signature) WALTER A. ALARCON (Printed Name) nature i ( g ) LOLI M. A ARCON C 1h ) (Printed Name) Approved as to form and legality: l 1j Jennifer A. Belpedio a• .0- Assistant County Attorney 7 EXHIBIT A 1 1 0 PAGE 1of1 EXISTING 76' DRAINAGE EASEMENT PER PB 7/5 TRACT 91 GOLDEN GATE ESTATES UNIT 17 PLAT BOOK 7 PAGE 5 KANDATHIL,BUU A ANOREOIIUKIS,NIKOLAOS ANDREOULAKIS, NICHOLAS 5 MRRTINEZ,JUUA A OR 5135/2677 OR 3076/328 OR 3076/2886 0 - 37446000006OR 1516/79 37445160002 37445720109 37415720002 3 Y oh 5 150' —!— PROPOSED PARCEL 1231 FEE 16,500 SO. FT. X 78P 0 791 r1 VANDERBILT BEACH ROAD SQ. FT.— SQUARE FEET FEE = FEE SIMPLE PARCEL TE - ROW N OR = OFFICIAL RECORDS (BOOK/PAGE) PB = PLAT BOOK (BOOK/PAGE) AUG 13 2020 w --� E PROPOSED FEE PARCEL S LEGAL DESCRIPTION FOR PARCEL 1231 FEE A PORTION OF TRACT 91. GOLDEN GATE ESTATES UNIT 17, AS RECORDED IN PLAT BOOK 7, PAGE 5, OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 110 FEET OF THE WEST 150 FEET OF SAID TRACT 91. CONTAINING 16,500 SQUARE FEET, MORE OR LESS. l 1'l l l se,,, �raei :'o ; 4:5o 0 60 120 24U p�: •f ;41 • : 6 j t J SKETCH & DESCRIPTION ONLY sKa+x, &Q • �Z NOT A BOUNDARY SURVEY SCALE: 1'-120. �� FOR: COLU ER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS t1c sr rrt �` VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: PROPOSED FEE SIMPLE PARCEL 9810 W bw P Dnv S109 200 Naples.a Fkbrida 34a,109 PARCEL 1231 FEE Phone:(239)s LB Nos F9AK:(239)597 0579 52 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 6 35 48S 27E 1" = 120' 8/11/20 DAM SK1231FEE 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office 2. BCC Office Board of County I `fibk. /5) �I Commissioners p2'13 v f�'1 3. Minutes and Records Clerk of Court's Office P6 a-t -Pe► is:aapn-\ PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/Department Agenda Date Item was 11.D Approved by the BCC 01/14/2020 Agenda Item Number (Resolution 2020-015) Type of Document Number of Original Attached Agreement Documents Attached 1 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? KD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/14/2020 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County KD an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the to option Chairman's signature. Sis line. Scan under Project 60168—VBR Extension: Parcel 217FEE Please email a copy of the signed Agreement,to Karen.Dancsec@CollierCountyFL.gov I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 11E - Ann P. Jennejohn From: Ann P. Jennejohn Sent: Monday, February 15, 2021 8:08 AM To: DancsecKaren Subject: Item #11 D Purchase Agreement (Project#60168) Attachments: Parcel 217FEE.pdf Good Morning Karen, Attached is an executed copy of Itevv► #11D. approved by the Board on January 14, 2020. Thank you! Ann JennejoAn BMR Senior Deputy Clerk II Clerk to the Value Adjustment Board Office: 239-252-8406 Fax: 239-252-8408 (if applicable) Ann:Jennejohn@Colliernerk.com Office of the Clerk of the Circuit Court it NY, k. & Comptroller of Collier County 3299 Tamiami Trail, Suite 4.401 Naples, FL 34112-5324 www.Col(ierClerk.com 1 1 I D PROJECT: 60168 Vanderbilt Beach Road Ext PARCEL: 217FEE FOLIO: a portion of 37545560104 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into on this a+� day of zebra a r , 2021, by and between LOUIS C. BRUNSON AND VIRGINIA A. BRUNSON, htband and wife, whose mailing address is 390 12th Avenue NW, Naples, Florida 34120-2307 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase a portion of Seller's property as described on attached "Exhibit A"which is incorporated herein by reference, together with all structures and improvements thereon (hereinafter referred to as "the Property"); and WHEREAS, Seller has agreed to sell, and Purchaser has agreed to purchase the Property subject to the terms and conditions that follow. 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be SIXTY THOUSAND and 00/100 DOLLARS ($60,000) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 3. CLOSING A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE", "DATE OF CLOSING", or "CLOSING") of the transaction shall be held on or before i1D one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty (30) days of receipt by purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: 1. General Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 6. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification that there has been no adverse change to the state of the title to the Property since the date of the last title commitment, referenced in Paragraph 5 "Title Defects" below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. ' iD D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Satisfaction 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 as payoff, paydown, or 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 Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to Purchaser's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: 11D A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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 may terminate the Agreement. 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained. the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.B shall equally apply, and Seller's sole remedy shall be a claim for payment of $500 as liquidated damages. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default or termination without cause 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. IID C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective 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. D. Seller 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. E. 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 1 1 D H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. I. Seller has no knowledge that the Property, and/or that 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. J. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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. L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 110 8. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. B. 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. D. 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: a_ ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER 0 TY, FLORIDA Circuit Court & Comptroller BY. otA4A4 �l L BY: DAa$ 0 S Penny Taylor,Chairperson Signature only. 110 AS TO SELLER: DATED: 4 I- ,Zr WITN�E/SSES: c? Wirit• (Signature) LOUIS BRUNSON i41t� CR LR I SWEET (Printe• Name (Signature -. (Printed Name) Citi4kft, 4'f,..r 6. ,.,.. LA,. a. )8021"Ai an, (Signature) VIRG IAA. BRUNSON MICRELLE , WEE/ (Printed Name) (Signatur'e) 1.41.4.r-e.,-, 1)QM cSe.C. (Printed Name) Approved as to form and legality: ----- ---\ Jennifer A. Bclpcdio �� Assistant County Attornc} • Last Revised 9/25/2019 f, i10 'ma 78 ROADWAY EA PE R Pp 7,PG 78 ^— ills AMUR WV N \ WEST 165' OF TRACT 78 Ga W !`" E Ca S 10 Rass¢t,maeu S _ i !II 1 ,` ` 03 OR 511+/eu w a 0 "ia ILl Q_ 37S4{�OOD+ !n TRACT 67 1 TRACT 83 TRACT 78 GOLDEN GATE ESTATES UNIT 19 PLAT BOOK 7, PAGE 78 WEST LINE OF TRACT 78 ''—EAST LINE OF PROPOSED WEST 165' OF PARCEL 217 FEE TRACT 78 18,222 SO. FT. L2 'POINT OF ,) BEGINNING J -J �76 y L� LI VANDERBILT BEACH ROAD ca14 TRACTHIN80F SQ. FT. SQUARE FEET TE - R O W FEE FEE SIMPLE PARCEL UNE TABLE OR OFFICIAL RECORDS (800K/PAGE) MAY 4 70211 LINE BEARING LENGTH_ -1 PROPOSED FEE PARCEL L1 N00•28 44"W 110.43 N99'31'10-E , 164.98. L3 $00'28'45"E 110.46' L4 S89'31.40"W 164.98' LEGAL DESCRIPTION (PARCEL 217 FEE) A PORTION OF TRACT 78, GOLDEN GATE ESTATES UNIT 19, AS RECORDED IN PLAT BOOK 7, PAGE 78, OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA, LYING IN SECTION 33. TOWNSHIP 48 SOUTH, RANGE 27 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 78; THENCE N.00'28'44'W., ALONG THE WEST UNE OF SAID TRACT 78, FOR 110.43 FEET; THENCE N.89'31'10'E., FOR 164.98 FEET TO A POINT ON THE EAST LINE OF THE WEST 165 FEET St6 61kI0+1,, TRACT 78; .0' hap ,i, THENCE S.00'28'45'E., ALONG SAID EAST UNE, FOR 110.46 FEET. TO THE SOUTH UNE OF SAM,+T1 7$.,;. /1,..THENCE S.89'31'40•W., ALONG SAID SOUTH LINE, FOR 164.98 FEET TO THE POINT OF BEGINNING pr.'FTflc_••:!! ', PARCEL DESCRIBED HEREIN. •CP '4/�•« 'Y CONTAINING 18,222 SQUARE FEET. MORE OR LESS. Jr 1 1, • ., 30y BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE. 0 ao szo �° R r r••.5 t • SKETCH do DESCRIPTION ONLY 7 °10Ri0A 10.1461.A. ~+ °^C NOT A BOUNDARY SURVEY KKALB:1'-120' .' �,' 4 FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS T5c , ze Y MC +',,M . i%s' VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: PROPOSED FEE SIMPLE PARCEL 66,0wilo.,Pe9Orve sun,200 Naples.Fbnd.e/109 PARCEL 217 FEE Pron..12391 s97-N FAX c�asl sv-os�s o COWER COUNTY. FLORIDA ENGINEERING JOB NUMBER REVISION SECTON TOWNSHIP RANGE SCALE DATE DRAWN BY I FILE NAME SHEET 060119.06.00 1 33 48S 27E 1• = 120' 4/27/20 MAW SK217FEE 1 OF I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I 1 Q THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Count Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. NN, 2. 3. County Attorney Office County Attorney Office Derk-d6 cRifitar 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office ` to6 c9-10-1 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was 01/14/20(2020-015) Agenda Item Number 11D Approved by the BCC Type of Document Purchase Agreement Number of Original Attached Documents Attached 1 PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (In'ti ) Applicable) 1. Does the document require the chairman's original signature? .3-�A lA4 D K N, 2. Does the document need to be sent to another agency for additional signatures?1 If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's ---- Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 1/14/20 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the •BCC,all changes directed by the BCC have been made,and the document is ready for the -.' ' �� Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 11D Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, February 18, 2021 10:24 AM To: 'Vivian.Rodriguez@colliercountyfl.gov' Subject: Purchase Agreement (Parcel 1102FEE VBR Project#60168) Attachments: Parcel 1102FEE.pdf Good Morning Vivian, An executed copy of the purchase agreennevtt regarding Parcel 11O2FEE is attached for your records. Thank you! Ann Jennejohn 13MR Sevtior Deputy Clerk II 401: toTtrte.k Clerk to the Value Adjustvv�evnt Board Office: 239-252-8406 Fax: 239-252-8408 (if applicable) Ann.Jennejohn@CollierClerk.cov�n „ Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tawtiavini Trail, Suite #4O1 Naples, FL 34112-5324 www.CollierClerk.cow< i i10 . .. PROJECT NO.: 60168 Vanderbilt Beach Road Extension PARCEL NO.: 1102FEE FOLIO NO.: 37491840004 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into on this 1 06 day of Fej(1(iarU , 2021, by and between RICH ROAD PROPERTIES 3, LLC, a Florida Iimiteel'liability company, whose mailing address is 481 1st Street SW, Naples, FL 34117 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase a portion of Seller's property as described on attached "Exhibit A"which is incorporated herein by reference, together with all structures and improvements thereon (hereinafter referred to as "the Property"); and WHEREAS, Seller has agreed to sell, and Purchaser has agreed to purchase the Property subject to the terms and conditions that follow, 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be THIRTY THOUSAND and 00/100 DOLLARS ($30,000.00) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 3. CLOSING A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE," "DATE OF CLOSING," or "CLOSING") of the transaction shall be held on or before 11D one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty (30) days of receipt by purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: 1. General Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions, or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 6. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification that there has been no adverse change to the state of the title to the Property since the date of the last title commitment, referenced in Paragraph 5"Title Defects"below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. 11D D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Satisfaction 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 as payoff, paydown, or 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 Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring, and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to Purchaser's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: 11D A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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 may terminate the Agreement. 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained, the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.B shall equally apply, and Seller's sole remedy shall be a claim for payment of $500 as liquidated damages. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default or termination without cause 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. 1 1 D C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective 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. D. Seller 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. E. 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11D H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. I. Seller has no knowledge that the Property, and/or that 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. J. There are no unrecorded restrictions, easements, or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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. L. Seller represents, warrants, and agrees to indemnify, reimburse, defend, and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. ' ID 8. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties, or covenants by or between the parties not included in this Agreement. 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. B. 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. D. 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. 9. PUBLIC DISCLOSURE. 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 s. 286.23, Fla. Stat., under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property before 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.) 11D IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: e)-1 a ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIE C TY, FLORIDA Circuit Court &Comptroller BY:� u By: Deputy rk Attest as to hairman's Penny Taylor, Chairperson ibignature only. AS TO SELLER: DATED: a- 1-1 la I WITNESSES: RICH ROAD PROPERTIES 3, LLC, a Florida limited liability company, (Signet re) N JOE C CIUN, Manager/Member Virgil Lindsey (Printed Name) /4- (4_4 (Signature) (Printed Name) Approved as to form ndraegality: item# t II) 1 Agenda Date ,\ Date 2-1Z. i Jennifer A. Belpedio \ Zr Reed ` Assistant County Attorney Deputy Clerk 1 1 U EXHIBIT A • • PAGE 1 of 1 I NORTHcyN2E3 OF 4 709 71' r 4 1 1 i i WEST LINE OF--- 100' VANDERBILT BEACH ROAD TRACT 23 .......__ .... — ......._ PROPOSED PARCEL 1102 FEE 10,500 SO FT. N T RAC I 4 —EAST LINE OF WEST 105' OF W+E WEST 105' OF TRACT 23 TRACT 23 S I ' 4 vil 1 t o i gi iF.- 15i id TRACT 3 TRACT 26 15 P4110.A TRACT 23 GOLDEN GATE ESTATES UNIT 18 PLAT BOOK 7 PAGE 7 10TH AVENUE N.E TE — ROW SO. FT. SQUARE FEET MAY 4 2020 FEE FEE SIMPLE PARCEL OR OFFICIAL RECORDS (BOOK/PAGE) L,`,..,' PROPOSED FEE PARCEL LEGAL DESCRIPTION FOR PARCEL 1102 FEE A PORTION OF TRACT 23, GOLDEN GATE ESTATES UNIT 18, AS RECORDED IN PLAT BOOK 7, PAGE 7. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 34, TOWNSHIP 48 SOUTH. RANGE 27 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 100 FEET OF THE WEST 105 FEET OF SAID TRACT 23. ,01111g,, CONTAINING 10,500 SQUARE FEET, MORE OR LESS .., ,,tt,,,••. 0. • ...... „ ..„.e,,c‘ ‘cat e 4„••...o:.-,,,..... :0- . . - - • 5301 — - . : - :. 1,1 gri 6-z*: -,T5),,,s,•:?6,of FNON-..` Land- o' IL A.$110%. 120 ?SO FP / ;N.-- SKETCH & DESCRIPTION ONLY Io 1 i ...c..,..,:t 4i.r. szrormoz NOT A BOUNDARY SURVEY SCALE 1...120' FOR COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AlnPue411,if MEWL s PAWLS VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: PROPOSED FEE SIMPLE PARCEL , PARCEL 1102 FEE ITAki . COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06 00 1 34 48S 27E 1" .,- 120' 4/28/20 MAW SKII02FEE 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 3 1 fl TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office 31 1 I a i 2. BCC Office Board of County644 Commissioners 16 3.17.)..) 3. Minutes and Records Clerk of Court's Office ISP*1 8:/2te PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/Department Agenda Date Item was 01/14/2020 Agenda Item Number 11.D Approved by the BCC (Resolution 2020-015) Type of Document Number of Original Attached Agreement Documents Attached 1 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? - 0 MC 2. Does the document need to be sent to another agency for additional signatures? if yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the c�r,. Q document or the final negotiated contract date whichever is applicable. d�� 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/14/2020 and all changes made during I/A is not the meeting have been incorporated in the attached document. The County KD option for Attorney's Office has reviewed the changes,if applicable. s line. 9. Initials of attorney verifying that the attached document is the version approved by the _. (BCC,all changes directed by the BCC have been made,and the document is ready for the option for Chairman's signature. s line. Scan under Project 60168—VBR Extension: Parcel 1207FEE Please email a copy of the signed Agreement,to Karen.Dancsec@CollierCountyFL.gov I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Martha S. Vergara From: Martha S. Vergara Sent: Thursday, March 18, 2021 10:03 AM To: DancsecKaren Subject: VBR Ext. Parcel 1207FEE Purchase Agreement Attachments: Parcel 1207FEE - Purchase Agreement.pdf Morning Karen, Attached is a copy of the referenced agreement for your records. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk 0rt 1YIIr , Office: 239-252-7240 4... r''� Fax: 239-252-8408 '-` E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County � rrrt yob 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com i IlL PROJECT: 60168 VANDERBILT BEACH ROAD EXT PARCEL: 1207FEE FOLIO: A portion of 37442680006 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into on this I5+ day of , 2021, by and between SCOTT McGILLIS and TRINA McGILLIS, husband and wife, whose mailing address is 1040 12th Avenue NE, Naples, Florida 34120-3446 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase a portion of Seller's property as described on attached "Exhibit A"which is incorporated herein by reference,together with all structures and improvements thereon (hereinafter referred to as "the Property"); and WHEREAS, Seller has agreed to sell, and Purchaser has agreed to purchase the Property subject to the terms and conditions that follow. 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be SEVENTY-ONE THOUSAND, THREE HUNDRED, SEVENTY-FIVE and 00/100 DOLLARS ($71,375.00) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 3. CLOSING A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE", "DATE OF CLOSING", or"CLOSING") of the transaction shall be held on or before • 11D one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty (30) days of receipt by purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: 1. General Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 6. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification that there has been no adverse change to the state of the title to the Property since the date of the last title commitment, referenced in Paragraph 5"Title Defects"below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. 2 } 110 D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Satisfaction 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 as payoff, paydown, or 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 Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to Purchaser's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: 3 1 1 a A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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)dayperiod, mayaccept title as it then is,waivinganyobjection, or mayterminate p 1 the Agreement. 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained, the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.B shall equally apply, and Seller's sole remedy shall be a claim for payment of $500 as liquidated damages. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default or termination without cause 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. 110 C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective 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. D. Seller 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. E. 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 5 1 1 D H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. I. Seller has no knowledge that the Property, and/or that 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. J. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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. L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6 110 8. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. B. 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. D. 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: 3"14-491 ATTEST: BOARD OF OUNTY COMMISSIONERS CRYSTAL K. KIN/EL, Clerk of the COLLIER U , FLORIDA Circuit Court & Comptroller • F BY: 416 BY: Deputy Clerk . .. Cy PENNY TAYL , Chairperson Attest as to Chairman's 'signature 4l 7 11U AS TO SELLER: DATED' , i/I WITNESSES: Orly (Signature) SCOTT McGILLIS (Printed Name) (Signature) 1nlP /'-fVIer (Printed Name) � r tr) iek 4 (Signature) TRI A McGILL S (Printed Name) vA ( ignature) 41( (Printed Name) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney 9-\ 8 L1Li ammo ammo, PER n7, 115 12TH AVENUE N.E. gd TRACT 38 GOLDEN GATE ESTATES 8P UNIT 17 PLAT BOOK 7 PAGE 5 TRACT 27 TRACT 43 150' I g o W AA + JISA OQOPEtIf � UNgISA OEVELOPIE7R TIC `Q 110RNES JR,ISRAEL i 01c DEVELOPMENT WC OR 5600/2500 5 x OR5730/2503 R 5690/2300 OR 5600/2500 3744272E605 S 37443003106 17441960109 37441900002 iS ,251.3 EAST 150' OF TRACT 38 PROPOSED PARCEL 1207 FEE 15,000 SO. FT. 1 I VANDERBILT BEACH ROAD too' 74 I 769 770 SO. FT.- SQUARE FEET FEE - FEE SIMPLE PARCEL TE - ROW N OR = OFFICIAL RECORDS (BOOK/PAGE) APR Z 9 2020 j PROPOSED FEE PARCEL W E S LEGAL DESCRIPTION FOR PARCEL 1207 FEE A PORTION OF TRACT 38, GOLDEN GATE ESTATES UNIT 17, AS RECORDED IN PLAT BOOK 7, PAG �10FCp1T1I PUBUC RECORDS OF COWER COUNTY, FLORIDA, LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE,7171� a pLI�ER•COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 100 FEET OF THE EAST 150 FEET OF SAID TRACT 38. • • •e(khhICo r".•do CONTAINING 15.000 SQUARE FEET, MORE OR LESS. 1-�: 530y 0 : • - 0 60 MO 240 VPSKETCH & DESCRIPTION ONLY sRcle�ic oAs 11 NOT A BOUNDARY SURVEY SCAM1-.120' 1111 FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS DE rio3aFAL w 82 moo.R VANDERBILT BEACH ROAD EXTENSION a,1 SKETCH & DESCRIPTION OF: PROPOSED FEE SIMPLE PARCEL Namw..P F,ona.3a Dmr ,o9 •.suue zoo PARCEL 1207 FEE11..2 2411 8610 Wio Phone a39l s Noo5 (239)59]4578 L 6952 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE T DRAWN BY FILE NAME SHEET 060119.06.00 1 35 48S 27E 1" = 120' 04-28-20 MAW SK1207FEE 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Count Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office c� n 3 3 1121 Z 4. BCC Office Board of County Commissioners l 3- 5. Minutes and Records Clerk of Court's Office ‘(\t/t) 3f g eoal g:laa PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was 01/14/20(2020-015) Agenda Item Number 11D Approved by the BCC Type of Document Purchase Agreement Number of Original Attached Documents Attached l PO number or account number if document is N/A to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) c 1. Does the document require the chairman's original signature? isiq 'PO VR 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the VR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 1/14/20 and all changes made during the VR meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the �('��BCC,all changes directed by the BCC have been made,and the document is ready for the () Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Martha S. Vergara From: Martha S. Vergara Sent: Thursday, March 18, 2021 10:06 AM To: 'RodriguezVivian' Subject: VBR Ext. Parcel 328FEE Purchase Agreement Attachments: Parcel 328FEE - Purchase Agreement.pdf Morning Vivian, Attached for your records is a copy of the referenced agreement. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk tot; Office: 239-252-7240 . Fax: 239-252-8408 7!, E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court � & Comptroller of Collier County fftrc 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com i 110 PROJECT: 60168 Vanderbilt Beach Road Ext. PARCEL: 328FEE FOLIO: 00206920007 PURCHASE AGREEMENT HIS PURCHASE AGREEMENT is made and entered into on this ,S day of �a.�.��= , 2021, byand between RUGBY, LLC, a Florida limited liability Y company, whose mailing address is 1170 Massey St, Naples, FL 34120 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase a portion of Seller's property as described on attached "Exhibit A"which is incorporated herein by reference, together with all structures and improvements thereon (hereinafter referred to as "the Property"); and WHEREAS, Seller has agreed to sell, and Purchaser has agreed to purchase the Property subject to the terms and conditions that follow. 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be SEVENTY-THREE THOUSAND SIX HUNDRED and 00/100 DOLLARS ($73,600) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 3. CLOSING AND MARKETABLE TITLE A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE", "DATE OF CLOSING", or "CLOSING") of the transaction shall be held on or before 110 one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty (30) days of receipt by purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller 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. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: 1. General Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 6. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification 2 1 1 a that there has been no adverse change to the state of the title to the Property since the date of the last title commitment, referenced in Paragraph 5 "Title Defects" below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Satisfaction 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 as payoff, paydown, or 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 Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to Purchaser's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 3 110 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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 may terminate the Agreement. 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained, the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.6 shall equally apply, and Seller's sole remedy shall be a claim for payment of $500 as 4 110 liquidated damages. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default or termination without cause 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. C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective 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. D. Seller 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. E. 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11 t G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. I. Seller has no knowledge that the Property, and/or that 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. J. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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. 6 11D L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. B. 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. D. 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. 9. PUBLIC DISCLOSURE. 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 s. 286.23, Fla. Stat., under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property before 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.) 11D IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: f la,,tk h:a-\ ATTEST: CRYSTAL K. KINZELL Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court & Comptroller COLLIER 0 TY, FLORID • BY')YW ,r— BY: Deputy C.Ierk. ,. . PENNY TAY R, Chairperson Attest:at atta a signature only. AS TO SELLER: DATED: Au c(i ,,10 i-1 WITNESSES: RUGBY, LLC, a Florida limited liability company BY: W ( a ure) /I ICHA L R. S gNS, Member cLc(Printed Name) V Y�� ku (Signature) S“ (Printed Name) Approved as to form and legality: Jennifer A. Belpedio ciJ� Assistant County Attorney 8 EXHIBIT A 1 1 Li PAGE 1 of 1 35' PROPOSED LLJ PARCEL 328 FEE 1 23,268 SQ. FT. In 1).1. W (/) • la RWWRY uc N ' OR 5301/3307 N 00200920007 WEST LINE SECTION 36 I ► r ' , 1 TE - ROW N FEE PROPOSED FEE SIMPLE PARCEL AUG 1 3 2020 OR OFFICIAL RECORDS (BOOK/PAGE) W moo- E PROPOSED FEE !` S LEGAL DESCRIPTION (PARCEL 328 FEE) A PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 35 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONTAINING 23,268 SQUARE FEET, MORE OR LESS. BEARINGS ARE BASED ON STATE PLANE COORDINATES. FLORIDA EAST ZONE ,`.I tttt//7 ‘Ghael q • ectrfica SKETCH & DESCRIPTION ONLY A. 0301. NOT A BOUNDARY SURVEY SCALE:t'-1ao' it: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS a1osc Ewa VANDERBILT BEACH ROAD EXTENSION 800at)' pk SKETCH & DESCRIPTION OF: yw M I230 5 PROPOSED FEE SIMPLE ACQUISITION , �W asla • SH-0675 TAX:(23915P 7?!5:a I I I t i t LB No..695T PARCEL 328 FEE COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP- RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 6 36 48S 26E 1' = 120' 8/13/20 DAM SK328FEE 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office <)-cLA5 SICp121 4. BCC Office Board of County €4\ Commissioners 5. Minutes and Records Clerk of Court's Office bld40.1 VIVA* PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/ Department Agenda Date Item was 01/14/2020 Agenda Item Number 11.D Approved by the BCC (Resolution 2020-015) Type of Document Number of Original Attached Agreement Documents Attached 1 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? S O 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the n a document or the final negotiated contract date whichever is applicable. �f 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/14/2020_and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. Scan under Project 60168—VBR Extension; Parcel 1182 E Please email a copy of the signed Agreement,to Karen.Dancsec@Collie untyFL.gov I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 11ii PROJECT: 60168 Vanderbilt Beach Road Ext PARCEL: 1182RDUE FOLIO: a portion of 37440160007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this (p+h day of \ V\ct , 2021, by and between MFC INVESTMENTS, LLC, a Florida limited liability conpny, whose mailing address is 11665 Collier Blvd, #990357, Naples, Florida 34116 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser requires a perpetual, non-exclusive Road Right-of-Way, Drainage and Utility Easement (hereinafter referred to as the "Easement") over, under, upon and across the lands described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Seller desires to convey the Easement to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Seller for conveyance of the Easement. 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. RECITALS - 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. PURCHASE PRICE - Seller shall convey the Easement to Purchaser for the sum of: $7,400.00 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 Seller, payable by County Warrant, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Seller's remaining lands, costs to cure, including, but not limited to, the cost to relocate the existing irrigation system and other improvements (if any), and the cost to cut and cap irrigation lines (if any) extending into the Easement, and to remove all sprinkler valves and related electrical wiring (if any), and all other damages in connection with conveyance of said Easement to Purchaser, including all iiii Page 2 attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. CLOSING DOCUMENTS AND CLEAR TITLE - Seller 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. Prior to Closing and as soon after the execution of this Agreement as is possible, Seller shall provide Purchaser with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Road Right-of-Way, Drainage and Utility Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting Purchaser's enjoyment of the Easement; (c) Closing Statement; (d) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Seller 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. TIME IS OF THE ESSENCE - Both Seller and Purchaser agree that time is of the essence. Therefore, Closing shall occur within ninety(90) days of the date of execution of this Agreement or within thirty (30) days of Seller's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Seller in that amount shown on the Closing Statement as "Net Cash to the Seller." 5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Seller agrees to relocate any existing irrigation system located on the Property including irrigation lines, electrical wiring and sprinkler valves, etc. (if any), prior to the construction of the project without any further notification from Purchaser. Purchaser assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. NotaryCam DocID:6090988a8c2d6900cb673442 1 1 D Page 3 If Seller elects to retain improvements and/or landscaping ("Improvements") located on the Property (if any), Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of all improvements located within the Easement area, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the Purchaser's contractor. All improvements not removed from the Property prior to commencement of construction of the project shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. MISCELLANEOUS REQUIREMENTS - Seller and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 7. REPRESENTATIONS AND WARRANTIES - Seller agrees, represents and warrants the following: (a) Seller has full right, power and authority to own and operate the property underlying the Easement, 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 Seller hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Seller 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, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property, 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) Seller 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 Easement or which adversely affect Seller's ability to perform NotaryCam DocID:6090988a8c2d6900cb673442 110 Page 4 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 Seller's representations stated in this Agreement and on the understanding that Seller 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, 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 adversely affect the physical condition of the Property or its intended use by Purchaser. (h) The Property, 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 except as specifically disclosed to the Purchaser; that the Seller has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement Property to be sold to the Purchaser, that the Seller 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. INDEMNIFICATION - Seller 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 Seller's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - Purchaser shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by lien-holders and/or easement-holders in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. Purchaser shall have sole discretion as to what constitutes "reasonable processing fees. NotaryCam DocID:6090988a8c2d6900cb673442 1111 Page 5 10. PRIOR YEAR AD VALOREM TAXES - There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. EFFECTIVE DATE - 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. PUBLIC DISCLOSURE - 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, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property before the Easement held in such capacity is conveyed to Purchaser. (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. ENTIRE AGREEMENT - Conveyance of the Easement, or any interest in the Property, by Seller 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 Seller and Purchaser. 14. BREACH AND TERMINATION - If either party fails to perform any of the covenants, promises or obligations contained in this Agreement, such party will have breached this Agreement and the other party may provide written notice of said breach to the party in breach, whereupon the party in breach shall have 15 days from the date of said notice to remedy said breach. If the party in breach shall have failed to remedy said breach, the other party may, at its option, terminate this Agreement by giving written notice of termination to the party in breach and shall have the right to seek and enforce all rights and remedies available at law or in equity, including the right to seek specific performance of this Agreement. 15. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 16. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. NotaryCam DocID.6090988a8c2d6900cb673442 11D Page 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: 2o2( ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIE COUNTY, FLORIDA Circuit Court & Comptroller BY: BY: Deputy Clerk OR, Chair son Attest as to Chairman' signature only. AS TO SELLER: MFC INVESTMENTS, LLC, a Florida limited liability company DATED: 05/04/2021 BY: Witnes (Signature) MICHAEL F. CONTE, Manager Vanessa Paiz Name (Print or Type) � f r; Witness (Signature) Linda Stark Name (Print or Type) Approved as to form and legality: ��Jennifer A. Belpedio 1 P Assistant County Attorney \� -s S\9\ NotaryCam DocID:6090988a8c2d6900cb673442 1 1 D ) s:_ __- PROPOSED VANDERBILT BEACH ROAD 1 i 755 Ibi i58 !t,t �. n i i f I I ... -- 1U)S,JERRY J.I DORM A OR 910/242 37440200006 TRACT 4 _ GOLDEN GATE ESTATES UNIT 17 -"'->• 50' -- PUT BOOK 7 PACE 5 —*— 26' e1R SI RE LAM 1RUST CR PROPOSED 401100007 165' TRACT 26 PARCEL 1182 ROUE SOUTH 165' OF /-4,290 50. ET. / TRACT 4 ! NNW,IQARIU ---. - OR 4094/3405 -..-._. 37441720006 LU Z 3— OORT►YS.JAMER I MICHELE D OR 5301/851 W 37440120006 2 TRACT 3 TE - ROW1 _� 1--- m S411I4,DFAM OR 5299/734 37440120102 10TH AVENUE N.E. SO. FT... SQUARE FEET N RDUE A. ROADWAY, DRAINAGE AND UTILITY EASEMENT OR = OFFICIAL RECORDS (BOOK/PACE) _ t PROPOSED ROADWAY. DRAINAGE AND UTILITY EASEMENT W Ir E 1 F I EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL i 1_� USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 5 S LEGAL DESCRIPTION FOR PARCEL 1182 ROUE A PORTION OF TRACT 4, GOLDEN GATE ESTATES UNIT 17, AS RECORDED IN PLAT BOOK 7, PAGE 5, OF THE PUBLIC RECORDS OF COWER COUNTY. FLORIDA, LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLUER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1,1,1 1 I 1,,, THE EAST 26 FEET OF THE WEST 76 FEET OF THE SOUTH 165 FEET OF SAID TRACT 4.�.,%__^�chael. /„.1w,, CONTAINING 4,290 SQUARE FEET, MORE OR LESS. ... . if lc,9 ..c.' 0 e0 120 240 e".' • w.., J1,aa,,,31 SKETCH do DESCRIPTION ONLY I mmiMM- I scric •, •7) ' NOT A BOUNDARY SURVEY scAll 1'-120' ' /' ' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS rPO` VANDERBILT BEACH ROAD EXTENSION 5613 Mow Park Drt,Suite T00 SKETCH & DESCRIPTION OF: PROPOSED ROADWAY, DRAINAGE AND W Naples Fh,ida 34109 PARCEL I182 RDUE UTILITY EASEMENT PI.,1239)59LPNo5 9X 0 91 597 44 74 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECT'ON TOWNSHIP RANGE SCALE DATE DRAWN fi" FILE NAME SHEET 060119.06,00 1 35 48S 27E 1" = 120' 03-20-20 MAW SK1182ROUE 1 OF 1 NotaryCarn DocID 6090988a8c2d6900cb673442 35ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 10 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office a3-, 5 j 1 1 ,1 2. BCC Office Board of County Commissioners T-r-.459tJ "`""' ttt1 3. Minutes and Records Clerk of Court's Office ' PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/Department Agenda Date Item was 01/14/2020 Agenda Item Number 11.D Approved by the BCC (Resolution 2020-015) Type of Document Number of Original Attached Agreement Documents Attached 1 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? S+'1M p 0 K- 2. Does the document need to be sent to another agency for additional signatures. If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/14/2020 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County KD option for Attorney's Office has reviewed the changes,if applicable. is line. 9. Initials of attorney verifying that the attached document is the version approved by the A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 5, option for Chairman's signature. is line. Scan under Project 60168-VBR Extension: Parcel 33 E Please email a copy of the signed Agreement,to Karen.Dancsec(a�CollierCountyFL.gov I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 ID Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, May 24, 2021 4:34 PM To: DancsecKaren Subject: Purchase Agreement Parcel 334FEE Attachments: Parcel 334FEE.pdf Hi again, Please see the attached for your records. Thavtk you 0 Ann Jennejohn 13MR Senior Deputy Clerk II �t,tT(rk:kr Clerk to the Value AdjustmentBoard Office: z39-25z-84o6 Fax: 239-252-8408 (if applicable) Afri.K.JeKvtejohvt@CollierCterk.com <.,, , °. Office of the Clerk of the Circuit Court k""�v`'� & Comptroller of Collier County 3299 Tavvtiami Trail, Suite #401 Naples, FL. 34112-5324 www.CollierClerk.cowt i I PROJECT: 60168 VANDERBILT BEACH ROAD EXT PARCEL: 334FEE FOLIO: A portion of 00208960007 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into on this ) - day of {� MO\ , 2021, by and between DONALD CORDER and MARLENE CORD, husband and wife, and MICHAEL CORDER, a married man, whose mailing address is 497 Corbel Drive, Naples, FL 34110 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase a portion of Seller's property as described on attached "Exhibit A"which is incorporated herein by reference, together with all structures and improvements thereon (hereinafter referred to as "the Property"); and WHEREAS, Seller has agreed to sell, and Purchaser has agreed to purchase the Property subject to the terms and conditions that follow. 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be THIRTEEN THOUSAND, FOUR HUNDRED AND 00/100 DOLLARS ($13,400.00) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. t i n 3. CLOSING AND MARKETABLE TITLE A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE", "DATE OF CLOSING", or "CLOSING") of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty (30) days of receipt by purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller 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. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3)weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: 1. General Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Combined Purchaser-Seller closing statement. 3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 4. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 6. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. i r C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification that there has been no adverse change to the state of the title to the Property since the date of the last title commitment, referenced in Paragraph 5 "Title Defects"below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all Warranty Deed recording fees. In addition, Purchaser may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Satisfaction 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 as payoff, paydown, or 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 Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to Purchaser's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 3 I10 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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 may terminate the Agreement. 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. B. If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained, the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.B shall 4 equally apply, and Seller's sole remedy shall be a claim for payment of $500 as liquidated damages. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default or termination without cause 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. C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective 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. D. Seller 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. E. 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 5 G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. I. Seller has no knowledge that the Property, and/or that 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. J. There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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. 6 a. L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. B. 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. D. 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: ATTEST: BOARD O• COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIE' C► 1 ',TY, FLORI Circuit Cburt & Comptroller BY: Ab sC1.4 C_ BY: afi?%/ D" ut Cl� ' ' PENNY TAYLOR, Chair erg--- ept yt0 l;nulm 'F � p ._..,�,,, AtteS„as _. signature only. item* Agenda _,.11� -S.V Date I hate in AS TO SELLER: DATED: S"-- 16— a I rkc ±Ld (Signature) DO ALD CORDER e (Xld (Prin e na ure) e/ ( rinted Name) MC1AL4* C @TAW (Signature) MARLENE CORDER ( (Printe N me • nature) \,(1h t1 ( rinted Name) 8 It1D WITNESSES: iak.)ki SedatIOL- ( ignature) MICHAEL CORDER (Print N w'.hos na ure) (Printed Name) Approved as to form and legality: Jennifer A. Belpedio c S` Assistant County Attorney Last Revised 8/13/2020 9 ' In Doing!' ft- 79305E09827 Pags CORDER,CON.91D A IIARYROSF DONA D&WJRENE CORDER 79305009601 0R 3939/571 00207560000 79305009588 Ln _-- PROPOSED PARCEL 334 FEE 79305009562 5,852 SQ. FT. CORDER,DOME&U9RLENE INCHAEL CORDER T-\ OP 4745/2295 79305009548 00208960007 35' WEST LINE SECTION 36 GARCIA BEEMIAEN&RAOUE1 MARIA CARCN&JOSE GARCIA OR 3758/2912 00206720E01 FEE PROPOSED FEE SIMPLE PARCEL OR OFFICIAL RECORDS (BOOK/PAGE) N PROPOSED FEE TE - ROW W �= E AUG 1 9 202C S LEGAL DESCRIPTION (PARCEL 334 FEE) A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 35 FEET OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONTAINING 5,852 SQUARE FEET, MORE OR LESS. ,,.+III,YAAA BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE o%_A\ohael,4 .��• �tific0? •.ono': of 4- • td • • • Land S... /7 L0 so�120 240 BY: 1 r/4/00 SKETCH & DESCRIPTION ONLY 1 A j FLORIDAORII A'MARD,PROYERTIWME W93 501SURVEYOR F REGISTRATION CERTIFICATE N0.3J01 NOT A BOUNDARY SURVEY SCALE:1'-120' SIGNING DATE: THE SEAL APPEARING ON THIS DOCUMENT WAS FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AUTTIOBZED BY MICHAEL A WARD.PL5 VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: GAIT W 4aw Parh DAva.SWIe 200 PROPOSED FEE SIMPLE ACQUISITION Naolea.75 FAX.(23 Phone'12;19)597�<675 FAA:I2JW 597-J576 PARCEL 334 FEE LB 90.6952 COLLIER COUNTY. FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 6 36 485 26E 1" = 120' 8/13/20 DAM SK334FEE 1 OF 1 35ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU4 1 O Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office c;��. S 1`, ; )., 2. BCC Office Board of County �� Commissioners 61- / 3. Minutes and Records 'Clerk of Court's Office 5' a-1 =agFr1-v PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Karen Dancsec Phone Number 239-252-5805 Contact/Department _ Agenda Date Item was 01/14/2020 Agenda Item Number 1 l.D Approved by the BCC (Resolution 2020-015) Type of Document Number of Original Attached Agreement Documents Attached 1 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? \y O 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/14/2020 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County KD Ft option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the option for Chairman's signature. is line. Scan under Project 60168—VBR Extension: Parcel 335FEE 335TD ' ' Please email a copy of the signed Agreement,to Karen.Dancsec@Collie '•untyFL.gov I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 10 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, May 24, 2021 4:28 PM To: DancsecKaren Subject: Purchase Agreement (Parcel 335FEE & 335TDRE) Project 60168 Attachments: Parcel 335FEE & 335TDRE.pdf Hi Karen, Please see the attached for your records. Thank you! Ann Jennejohn 13MR Senior Deputy Clerk 11 ` tiiTtra,yr Clerk to the Value Adjustwtent Board 4$;'' {` y Office: 239-252-8406 Fax: 239-252-8408 (if applicable) Ann.Jennejohn@CollierClerk.cov t,,k �"` ��� Office of the Clerk of the Circuit Court "��' Cowtptroller of Collier County 32q Tavniaw i Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.com 110 PROJECT: 60168 Vanderbilt Beach Road Ext PARCEL: 335FEE and 335TDRE FOLIO: portions of 00207560000 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is made and entered into on this 7;111.1 day of N\(A , 2021, by and between DONALD R. CORDER and MARY ROSE CORD R, husband and wife, and DONALD CORDER and MARLENE M. CORDER, husband and wife, whose mailing address is 1310 Massey Street, Naples, FL 34120-1640 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Purchaser desires to purchase 1) a portion of Seller's property in fee simple as described on attached "Exhibit A", which is incorporated herein by reference, together with all structures and improvements thereon (hereinafter referred to as "Parcel 335FEE"); and 2) a Temporary Driveway Restoration Easement over, under, upon and across a portion of the Seller's property as described on attached Exhibit "B", which is incorporated herein by reference (hereinafter referred to as "Parcel 335TDRE"); and WHEREAS, Seller has agreed to sell Parcel 335FEE and Parcel 335TDRE (hereinafter collectively referred to as "the Property") to Purchaser for the stated purposes on the terms and conditions set forth herein. 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. AGREEMENT In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall convey the Property to Purchaser and Purchaser shall purchase the Property from Seller. 2. PURCHASE PRICE The purchase price (the "Purchase Price") for the Property shall be FORTY-NINE THOUSAND, EIGHT HUNDRED AND 00/100 DOLLARS ($49,800.00) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3D of this Agreement, shall be full compensation for the Property conveyed, including all structures, improvements, fixtures, I landscaping, trees, and shrubs, located thereon, and shall be in full and final settlement of all claims against the Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. None of this Purchase Price is attributed to any personal property. 3. CLOSING AND MARKETABLE TITLE A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE", "DATE OF CLOSING", or "CLOSING") of the transaction shall be held on or before one hundred twenty (120) days following execution of this Agreement by the Purchaser or within thirty (30) days of receipt by Purchaser of all fully executed closing documents and documents necessary to convey marketable title free of any liens, encumbrances, exceptions, or qualifications, whichever is later, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be entitled to possession at the time of Closing, unless otherwise provided herein. B. Seller 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. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Within ten (10) days of the Effective Date of this Agreement, Seller shall provide Purchaser with a copy of any existing title insurance policy and survey. Three (3) weeks before the Closing, the Seller shall cause to be delivered to the Purchaser any documents necessary to convey marketable title and the following documents and instruments duly executed and acknowledged, in recordable form: 1. General Warranty Deed in favor of Purchaser conveying title to Parcel 335FEE, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 2. Temporary Driveway Restoration Easement conveying Parcel 335TDRE; 3. Combined Purchaser-Seller closing statement. 4. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 2 I 10 5. A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 6. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement. 7. All other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller a County Warrant in an amount equal to Net Cash to Seller on the Closing Statement. No funds shall be disbursed to Seller until there is verification that there has been no adverse change to the state of the title to the Property since the date of the last title commitment, referenced in Paragraph 5"Title Defects" below, and the title company is irrevocably committed to issue the Owner's title policy to the Purchaser in accordance with the commitment. D. Purchaser shall pay all fees to record any curative instruments required to clear title, and all deed and easement recording fees. In addition, Purchaser may elect to pay reasonable costs and/or processing fees required by mortgagees in connection with the execution and delivery of a Release or Satisfaction 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 as payoff, paydown, or 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 Seller, and shall be deducted on the Closing Statement from the compensation payable to the Seller per Paragraph 2. County shall have sole discretion as to what constitutes "reasonable costs and/or processing fees." E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS A. Seller agrees to relocate any existing irrigation system (if any) located on the Property including any irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from Purchaser. Seller assumes full responsibility for the relocation of the irrigation system (if any) on the remainder property and its performance after relocation. Seller holds Purchaser 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. B. If Seller elects to retain any improvements and/or landscaping ("Improvements") located on the Property, the Seller is responsible for their retrieval prior to the 3 10 construction of the project without any further notification from Purchaser. Seller acknowledges that Purchaser has compensated Seller for the value of the improvements located on the Property, and yet Purchaser is willing to permit Seller to salvage said improvements as long as their retrieval is performed before construction and without interruption or inconvenience to Purchaser's contractor. All Improvements not removed from the Property prior to construction of the project commences shall be deemed abandoned by Seller. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 5. TITLE DEFECTS Upon execution of this Agreement by both parties or at such other time as specified within this Section, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. B. 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 may terminate the Agreement. 6. TERMINATION AND REMEDIES A. If Seller shall have failed to perform any of the covenants and promises contained herein, which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 4 ! 10 B. 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 and as provided for in Paragraph 3.A. or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. Notwithstanding anything to the contrary herein contained, the Purchaser shall have the right to terminate this agreement without cause, in which event the liquidated damages provisions of this Section 1.B shall equally apply, and Seller's sole remedy shall be a claim for payment of $500 as liquidated damages. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default or termination without cause 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. C. 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. 7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES A. Seller has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. B. 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. Prior to Closing, and upon the request of Purchaser or the Title Company, certified copies of such approvals shall be delivered to Purchaser or the Title Company. C. The warranties set forth in this paragraph are true on the Effective Date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed and an easement 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. I1D D. Seller 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. E. 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. F. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. G. Until the date fixed for Closing or as long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. H. Seller represents that Seller 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 Materials as defined herein, or any other activity that would have toxic results, and no such Hazardous Materials 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 Seller 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 Hazardous Materials 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. I. Seller has no knowledge that the Property, and/or that 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. J. 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 6 0 are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. K. Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated herein 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 that may restrict or change any other condition of the Property. L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from all costs (including attorney's fees) asserted against the Purchaser by reason or arising out of the breach of any of Owner's representations under Paragraph 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. TERM OF EASEMENT - The term of Temporary Driveway Restoration Easement Parcel 335TDRE shall commence upon the issuance of Purchaser's official Notice to Proceed to its roadway contractor for the construction of Vanderbilt Beach Road Ext Project No. 60168, and shall automatically terminate three (3) years therefrom. 9. ENTIRE AGREEMENT A. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. B. 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. C. This Agreement is governed and construed in accordance with the laws of the State of Florida. D. Should any part of this Agreement be found to be invalid, then such invalid part I 10 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. E. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: 6-1S- CAI ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL'Ics,k NZEL, Clerk of the COLLIE O TY, FLORIDA Circt0Cou:rt& Corriptroller BY:- � 4 ,t, —0C—,. BY: 1 T�eputy filer,�; ' i PENNY TA OR , Chai erson Attst as tom: - signat tBcPfllY AS TO SELLER: DATED: rj - 15--31 f\31-c) •&tWterksi--- (—Siignnature) StEeDONALD R. CORDER L 1? e (Printed Name), (Signature) fn e i Item# 1 (Printed Name)" Agenda vi Loi) Date l • Date 5 if) IIo WITNESSES: j—kUoLli \Stqkitfil\ld (Signature) ROSE CO t416-411- &)vII%L.- (Printed Name) at e) • I • ( rinted Name) (Signature) DONALD CORDER (Printed Name 'gnature) eL (Printed Na e) jj6i I skilliraL MCIAILL COA CUP (Signature) MARLENE M. CORDER -eo►P Snkjon�- (Printed e ' nature) (Printed Name) I Approved as to form and legality: 37 -V Jennifer A. Belpedio \ Assistant County Attorney 9 K i i 78305009643 \ Min 1 Ca N PROPOSED 79305009627 ---I PARCEL 335 FEE rn E ',, 5,848 SQ. FT. all -- rn CORDER.069/4D R WWIAOSE DONND R YIRIENE CORDER 79305009601 /i CR 3959/571 t_ ---A. D0207560000 79305009586 _ ® COMM (5* O&WANEMCH EL CORDER OR 4745/2295 00206960007 79305009545 1 WEST LINE SECTION 36 GARC&BENJAMIN R RAOUEL WWIA CAROM R JOSE WA OR 375RN917 FEE PROPOSED FEE SIMPLE PARCEL OR OFFICIAL RECORDS (BOOK/PAGE) ' PROPOSED FEE N - i�.f..�V v AUG 13 2020 W E S LEGAL DESCRIPTION (PARCEL 335 FEE) A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 35 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA CONTAINING 5.848 SQUARE FEET. MORE OR LESS. BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE ,`441llll Fi/i �‘Chael q GL': Gelttficdr�'•d 0 00 IRO 240 ),D CI) ,Y 1.t ji 10�E,�-1pI� � I • I WMD. C�ERIRICA9330f SKETCH do DESCRIPTION ONLY � p frf • ,� . NOT A BOUNDARY SURVEY SCALE 1—120 FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS 47{ VANDERBILT BEACH ROAD EXTENSION ''l/lands Y�4 Pori,onue.suR.7oo SKETCH do DESCRIPTION OF: p ,89 Fbnd�31100 PROPOSED FEE SIMPLE PARCEL PheM 173 91 6 91-05 1�Ell{(7.191 597 OS/M LRNu PARCEL 335 FEE .Ruse ENGINEERING COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119,06,00 6 36 485 26E 1• = 120' 8/13/20 DAM SK335FEE _ 1 OF 1 � N U q 79305009643 r t —I PROPOSED [.... 4 79305009627 70 [ PARCEL 335 TDRE TT1 1,200 SQ. FT. --I CORDER.DOWID&IMRYROSE DOWID E MV6ENE CORDER 79305009601 09 3939/571 veil z11 L4 00207560000 I �\-77,, LINE TABLE 79305009588 UNE BEARING LENGTH L6 L1 N0216'321W 674.75' L2 - 79305009562 L2 N87-43'28"E 35.00' r CORDER.DOIMLD&YARME MOM.cvmER R 4745/ 95 L3 N0216.32"W 40.00' 0 D2ae9Eo02D7 — 79305009546 PONT OF L4 N8T43'28"E 30.00' BEGINNING L5 SOT 16'32"E 40.00' 1---p L6 S87-43'28"W 30.00' WEST UNE SECTION 36 GMCO.9ENJAAIN 2 2400EE WARM GA CIA&JOSE CAROM OR 3758/2912 WEST 1/4 CORNER POINT OF SECTION 36 COMMENCEMENT N TDRE PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT W E OR OFFICIAL RECORDS (BOOK/PAGE) ��� PROPOSED TORE S LEGAL DESCRIPTION (PARCEL 335 TDRE) A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36. TOWNSHIP 48 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 36; THENCE ALONG THE WEST UNE OF SAID SECTION 36, N.0716'32'W., FOR 674.75 FEET: THENCE N.87'43'281., FOR 35.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE N.02'16'32"W., FOR 40.00 FEET; THENCE N.87•43.28'E., FOR 30.00 FEET; THENCE S.02'16'32'E., FOR 40.00 FEET; THENCE S.8743'28'W.. FOR 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 1,200 SQUARE FEET, MORE OR LESS. ,,,►1 4,1 E E J J J • * MICh 'J. aei BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE •;• "Gertifi��;9' TE - ROW = _� 0 �'�� TEMPORARY DRIVEWAY - �0 Z;a AUG 4 2020 `� ••'`0 °r 4 RESTORATieN E?.SEmENT - Lp •;pi (IxNtA'IION:3 YEARS , <" %. •Onda . •• dS'urveyop ' . 11 0 60 120 240 er; l'+ SKETCH & DESCRIPTION ONLY 1 i PROFESSIONAL LARD SURVEYOR NOT A BOUNDARY SURVEY SCALE:1'-120' FLORIDA YOWL awI swMNA DATE: OCCANENT FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS 1WRgRQmD'II 1 ON A WMD.RSA LD VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: 1J1441 6610 WORN PnR UiW We 200 Naplas.Fbid 34109 PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT Phone(239)597-0575 FAX(239)597 76 PARCEL 335 TDRE i6N9.6552 COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 5 35 48S 26E 1" = 120' 7/21/20 DAM SK335TDRE 1 OF 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 D • TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the Count Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. NN, 2. 3. County Attorney Office County Attorney Office2l 4. BCC Office Board of County AvAt by //3�z Commissioners 5. Minutes and Records Clerk of Court's Office SAT' PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Vivian Rodriguez Phone Number 252-5880 Contact/Department Transportation Engineering-ROW Agenda Date Item was January 14,2020 Agenda Item Number 11D Approved by the BCC Type of Document Subordination of Utility Interests— Number of Original Attached Embarq/CenturyLink Documents Attached 1 PO number or account 313-163673-649030 number if document is Project 60198—Parcel 172FEE, 176FEE to be recorded PGRP: TEC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? �,q"`'1 0 X. Wit 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N/A 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board N/A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. VR N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 1/14/20 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the 9(06 Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 i i • Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, February 9, 2022 11:05 AM To: 'RodriguezVivian' Subject: Recorded Subordination of Utility Interests (Embarq) Attachments: Embarq Subordination.pdf Good Morvtivtg Viviavt, Please see the attached for your records. The recordivtg receipt has beevt ivtcluded. Ann Jennejohn 13MR Senior Deputy Clerk II ` T'-iTtih:� Clerk to the Value Adjustment Board �.� Office: 239-252-840(0 Fax: 239-252-8408 (if applicable) fi Avtyt.Jevtvtejohvt@CollierClerk.cow fry Office of the Clerk of the Circuit Court ��"K't't' & Comptroller of Collier Couvtty 3299 Tawtiawti Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.cow 110 • • INSTR 6200102 OR 6080 PC 278 PROJECT: 60168 Vanderbilt Beach Road Ext. RECORDED 2/3/2022 3:34 PM PAGES PARCEL Nos: 172FEE, 176FEE CLERK OFTIIE CIRCUIT COURT_vND COMPTROLLER FOLIO Nos: 00219400103, 46068000556 COLLIER COUNTY FLORIDA RE('S44.00 SUBORDINATION OF UTILITY INTERESTS Public Body I THIS AGREEMENT is made and entered into this/V day ,f;1.ci 202/, by and between COLLIER COUNTY, a political subdivision of the State of rida, its successors and assigns, whose mailing address is 3299 Tamiami rail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112, (hereinafter referred to as "County"), and EMBARQ FLORIDA, INC., a Florida corporation, its successors, assigns, lessees, licensees and agents, whose mailing address is 600 New Century Pkwy., Mail Stop KSNCAA0133-RETA600, New Century, Kansas 60031 (hereinafter referred to as"Utility"). WITNESSETH: WHEREAS, the Utility has an interest in those certain tracts or parcels of land lying and being in Collier County, Florida, more particularly described and set forth in Exhibit "A" attached hereto and made a part hereof (hereinafter collectively referred to as the "Property"); and WHEREAS, the County has determined that this Property is suitable and appropriate for road right of way, sidewalk, utility, drainage, and maintenance purposes; and WHEREAS, the County's proposed use of the Property for road right of way, sidewalk, utility, drainage and maintenance purposes requires the subordination of the interest in the Property by the Utility to the County; and WHEREAS, the Utility is desirous of consenting to the subordination and the relocation of its facilities within the Property, if necessary; and WHEREAS the County is willing to pay to have the Utility's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Utility and County hereby agree as follows: 1. The Utility hereby subordinates any and all of its interest in the Property (SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF) to the interest of the County, its successors, and assigns, for the purpose of constructing, improving, maintaining, and operating a road right of way, sidewalk, utility, drainage, and maintenance purposes over, under, through, upon, and/or across said Property, including, but not limited to the claim of interest based upon the following: NATURE OF DATE RECORDED ENCUMBRANCE BOOK-PAGE 1 Non-Exclusive Cable Easement 8/17/16 j OR 5304- PG 3753 1 10 2.The Utility shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and/or relocate its facilities within and upon the Property in accordance with the County's minimum standards for such facilities. Any construction or relocation of facilities within the Property will be subject to prior approval by the County. If the County requires the Utility to alter, adjust, or relocate its facilities from or within the Property, the County shall give the Utility 90 (ninety) days'written notice to do so and hereby agrees to pay the reasonable cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 3. The Utility shall have a reasonable right to enter upon the Property for the purposes outlined in paragraph 2 above, including the right to trim such trees, brush, and growth which may endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the County's facilities. 4. The Utility shall repair any damage to the County's facilities resulting from the exercise of its rights as outlined in paragraphs 2 and 3 above. 5. These terms and conditions shall be attached as an addendum to that permit, if any, required by the County for location of the Utility's facilities within the Property. 6. This Agreement shall be assignable only to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS '''CRYSTAL K. KINZEL, Clerk COLLIER COUNTY B•" 61 fr:g.. A -013lgir >4*• y ' ( BY: ._. d A 't k Will',:, L. McDaniel, Jr., Chairman sicg iatu'r+?only. Signed, sealed, and delivered EMBARQ FLORIDA, INC., in our pres nce as witnesses: a Florida corp ration BY: WITN SS ignature) a e: 1�f74c Title: 6 Name: MU'? (!X V(e%Y1 Cal& 1 (Print or Type) WITNESS(Si ture Name: iNikQtV1y LO 47 (Print Type) 1 1 10 STATE OF Col 6041) COUNTY OF ���o The foregoing Subordination of Utility Interests was acknowledged before me this ( 'i day of \AI', . 2021.. by 7. L,il ner. (Name), as Stvrjitsy' n/l � (Title), f EMBARQ FLORIDA, INC., a Florida corporation, w o is personally known to me or who has produced C,wtApl.P(A as identification. (Affix notarial seal) 5taublic)(Si MONICA DUNCAN V ► `. �I co". OVuAcCu l NOTARY PUBLIC-STATE OF COLORADO (Print Name of Notary Public) NOTARY ID 20204003193 MY COMMISSION EXPIRES JAN 24,2024 Serial/Commission#(if any): My Commission Expires: I —Z)'' Z4 Approved as to form and legality: 1%ek. k \ ,Icnnifer A. llelpedio �!' �\ Assistant County Attorne) ZZZ777 �� 1 l iD EXHIBIT f__ -- Page.---=-- 0t_ __ Ma111106 ALa206.43' I VNlrL4Q3l 1 Wit• ///\ 6}.91' 1 CUL MOO* II POINT OE �O/�� a�i uu4 na I �� BEGINNING My ' ',A-- �q3 \°an.zlm I NI e NOW .1.6 \ 501'10'40'W 151.52' T 58E19'OONN 445.74' PROPOSED PARCEL 172 FEE 48.262 90.FT. --_�_ �T 53E S40 N EKDE EXISTING DRAINAGE EASEMENT PER PEAT BOOK 4,PACE 77 TORE PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT w t �OR) OFFICIAL RECORDS(BOOK/PAGE) r Xi PROPOSED FEE S LEGAL DESCRIPTION (PARCEL 172 FEE) A PORTION OF THE SOUTHWEST QUARTER OF SECTION 31,TOWNSHIP 48 SOUTH, RANGE 27 EAST, COWER COUNTY, FLORIDA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEOINNNG AT THE WESTERLY SOUTHEAST CORNER OF TRACT A, GOLF CLUB OF THE EVERGLADES PHASE 1.AS RECORDED IN PLAT BOOK 58.PAGE 67, P11BI.IC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.6S28'16'E.ALONG THE SAID GOLF CLUB OF THE EVERGLADES PHASE 1, FOR 300.93 FEET: THENCE N.1749'25'W..ALONG THE SOUTH LINE OF SAID GOLF CURB OF THE EVERGLADES PHASE 1. FOR 43.91 FEET TO A POINT ON A CURVE: THENCE EASTERLY 206.43 FEET ALONG THE SOUTH LINE OF SAID GOLF CLUB OF THE EVERGLADES PHASE 1 AND ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 1,025.00 FEET THROUGH A CENTRAL ANGLE OF 11'32'21'AND BEING SUBTENDED BY A CHORD WHICH BEARS N.77-56'45'E FOR 206.06 FEET TO THE WEST LINE OF THE DRAINAGE EASEMENT DESCRIBED N OFFICIAL RECORDS BOOK 5199, PAGE 2779.OF SRO PUBLIC RECORDS: THENCE S.09'06'57W..ALONG THE WEST LIE OF SAID DRAINAGE EASEMENT.FOR 49.31 FEET; THENCE 5.0110'40 w..ALONG THE WEST UNE OF SAID DRAINAGE EASEMENT.FOR 151.52 FEET TO A POINT ON THE SOUTH UNE SAD SECTION 31; THENCE 5.8619'OONI..ALONG THE SOUTH LINE OF SAID SECTION 31, FOR 445.74 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HERON; , ,1.11,,, , CONTANNG 48.262 SQUARE FEET OR 1.11 ACRES. MORE OR LESS. ` hael A. .c -ji BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE. �• .A eRtilCaitA'..0•%. Se ".• 73•till) 5301 aa.tem �` , 0 a0 100 aw (1 ,r O•• 4'SKETCH &DESCRIPTION ONLY r-.-.�" C. .. ,- -1 11.110.K.aT � NOT A BOUNDARY SURVEY Ault 1'-140' FOR:COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NE COWERWW1 i rum VANDE RBD.T BEACH ROAD EXTENSION STITCH k DESCRIPTION or. MfO Wao-P�DAn.•6 AO PROPOSED FEE SIMPLE ACQUISITION n�mol aa�aen FNI U>n;NA. PARCEL 172 FEEIY.IA LBW SOO COLLIER COUNTY, FLORIDA ENGINEERING JOB NUNSER REVISION SECTIONNNSHP RANGE SCALE O DRAWN SY FILE NAME SHEET 060119.06.00 8 31 I TO ABS 27E I AR I' - 120' 4/16/21 DAM SKI72FTE 1 OF 1 EXHIBIT a 1 " Page2_Ofa- N w E PUKE NOW CO.ILL TRACT R S ! 4l01l000DU _ PLLW MOTE CO.LLC 1 4101110010110 rI PU1E NM CO.LW I\ , I�11leojo I` RUE IRIE CO.ULact 01 \ 0015 CUR NC. Ot. 0R01f 002v PROPOSED PARCEL 176 FEE PULW NOTE CO.WC 22,959 SQ. FT. -- woMC moa — — — - — -- FEE PROPOSED FEE SIMPLE ACQUISITION OR OFFICIAL RECORDS (BOOK/PAGE) '_ PROPOSED FEE LEGAL DESCRIPTION (PARCEL 178 FEE) TRACT R1, GOLF CLUB OF THE EVERGLADES PHASE 1, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 58 PAGE 87 OF THE PUBLIC RECORDS OF COWER COUNTY FLORIDA CONTAINING 22,959 SQUARE FEET, MORE OR LESS. ,`, ,,,1,,,A rael A ��',. • �.. .• .: .<0flcate° ^o- • " o% 1.TE-ROW • MAY 18,2021 _ - • 3°1 7. coo N " Q f dry..: . -, li,, eof Flo�a041 .. " , )1/,eaLand9 1.1,Pa,1A`` tho 00 190 uo o Zla SKETCH & DESCRIPTION ONLY L.. ._J""'°4 y 1 not asnano«111001E NO.sidi NOT A BOUNDARY SURVEY SCAM 1•-1I0' s .:IME Ed FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS T�[ ql®WI NOM A WNW.DOI Rs VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: ea�0w owvuADN,.sAbxaa Mph.,Faro.O,SOY PROPOSED FEE SIMPLE ACQUISITION vro.:(x9of sYT-0615 FAX I2au1 caT-0sTs PARCEL 176 FEE1Elink' he N,..s� COLLIER COUNTY, FLORIDA ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 8 31 48S 27E 1' = 120' 4/15/21 DAM SK176FEE 1 OF I 1 !N OR 29 (� RECORDEDSTR646577g 10/18/20F237 815 P AM2228 PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER PROJECT: 60168 VBR Ext(Phase 1 -Collier to 16th) COLLIER COUNTY FLORIDA PARCEL: 156FEE REc$27.00 FOLIO: 00222300009 This instrument prepared by: Florida Power&Light Company P.O.Box 1119 Sarasota,FL 34230-1119 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT,entered into this J day of&1dlxr,2023,by and between COLLIER COUNTY,a political subdivision of the State of Florida, hereinafter called the "County", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation,whose mailing address is P. O.Box 14000,Juno Beach,Florida 33408,hereinafter called"Utility". WITNESETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes;and WHEREAS,the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County;and WHEREAS,the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of- way to prevent conflict between the County's use and the Utility's use,and for the benefit of each, and WHEREAS the County, in recognition of the Utility's interest in the certain Iands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit"A", attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof,to the interest of the County,or its successors,for the purpose of constructing,improving,maintaining and operating a road over,through,upon,and/or across such lands,based on the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Easement 04/30/2004 3553/0299 The County and the Utility further agree that: 1. "Public right-of-way", as used herein, shall mean that area which is described in Exhibit "A"and which includes the Utility's easements identified above and additional lands for public right-of-way,as described in Exhibit"A",attached hereto and made a part hereof. 2. The Utility shall have the right to construct,operate,maintain,improve,add to,upgrade,remove,and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities.In addition,the Utility retains the right to be reimbursed, either now or in the future,for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit"A", if such relocation or adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including, but not limited to, the cost of acquiring replacement easements. 4. The Utility shall have the right to enter upon the lands described in Exhibit"A"for the purposes outlined in Paragraph 2 above,including the right to trim such trees,brush,and growth which might endanger or interfere with such facilities. The County shall provide and ensure access to said lands by the Utility. 5. The Utility agrees to repair any damage to County facilities and to indemnify the County against any loss or damage resulting from the Utility exercising its rights to construct, operate,maintain, improve, add to,upgrade or remove its facilities on the said public right-of-way. 6. This Agreement shall not be assigned by the County except to the State of Florida. CAL., IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. ATTEST = BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL;'.Cljrk of the COLLIER COUNTY, FLORIDA Circuit Court& ntpi ollef t BY: �/ Attest as fq;Chairrnah'S ep ty =le RICK LoCASTRO,CHAIRMAN i; signature only I Signed,sealed and delivered FLORIDA POWER&LIGHT COMPANY in the presence of: B` y,4 Q By: f T. Cho porate n ger Print Name: A, c Print Name: .y,i„rera., 0,-eN3 4 B . ,�(L Print Name 4 riii-Y Li 1C idI(35 (Corp. Seal) STATE OF FLORIDA,COUNTY OF SARASOTA I hereby certify that on this day,be ore me,an officer duly authorized to take acknowledgements,personally appeared �,z1K (1..e.,s`„t,✓,by means of physical presence or❑online notarization,to me known and personally known to me to be the person described in,and did not take an oath and who executed the foregoing instrument as the Corporate Real Estate Manager of the Florida Power&Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid this ay ofC f ,2023. (affix notarial seal) (Signature ofN ary Public) 1iCat y1nOM ug nc\ 41tYP44r Notary Public State of Florida (Print Name o$Notary Public) a4 '1 Katlynn M O'OuiMl My Commission HH 130048 '3lb". ° Expire!05/16/2025 Serial/Commission#(if any): 3b0 My Commission Expires:C5 C tle Ili 25 •.I. ,1ved a• to .� /d legality: i DE• K D.PERRY, ESQ. Assistant County Attorney % �') Y1k Pursuant to Agenda Dated 1/14/20, Item No. 11 .D, Resolution: N,. 20-15. 2 FPL Subordination Agreement Last revised:11/4/2o C1 10 EXHIBIT A Page 1 of 1 N NORTHERLY UNE OF THE SOUTHEAST 1/4 SEC 32, 7-48-5, R-27-E :..._... ,:__:=-1n N8712'21"E 1962.14' W �� , E N S CC 0 o PARK PARCEL ' SQ.FT. 2.088,887 v CA t In m iv 1 Z V 4 NW I a 589'31'10"W 20.75' POINT OF t1 z '�, BEGINNING bb \��5 500'28'50"E 42.00' Xr 112 S89'31'10"W 1247.36' �m ml n LAL=697.01', R=2990.00', A=13'21'23" N CB=S82'50'29'W, CH=695.43' 0 CD a COWER CNN r OR 2888/3382 0 • z vH m • c> ro C , N m POINT OF m COMMENCEMENT 1 SE CORNER SEC 32 , 1'iN 485.. RNG 27E. As • SOUTH UNE SEC 32,T-48-S, R-27-E SO.FT. SQUARE FEET TE — ROW OR OFFICIAL RECORDS (BOOK/PAGE) 05-21-21 LEGAL DESCRIPTION (PARK PARCEL) A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF SECTION 32, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 32: THENCE ALONG THE EAST LINE OF SAID SECTION 32, N.02'13.46'W., FOR 1,662.33 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE LEAVING SAID EAST LINE OF SECTION 32, S.89'31'10"W., FOR 20.75 FEET; THENCE S.00'28'50"E., FOR 42.00 FEET; THENCE S.89'31'10"W., FOR 1,247.36 FEET TO A POINT OF CURVATURE; THENCE WESTERLY 697.01 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 2,990.00 FEET THROUGH A CENTRAL ANGLE OF 13'21'23" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.82'50'29'W. FOR 695.43 FEET; THENCE N.02'14'58"W., FOR 1,095.98 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 32; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHEAST (SE 1/4), N.8712'21-E., FOR 1,962.14 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID SECTION 32; THENCE ALONG THE EAST LINE OF SAID SECTION 32, S.02'13'46"E., FOR 1,052.29 FEET TO THE POINT OF BE9111 14,19 OF THE PARCEL DESCRIBED HEREIN; .`` a A. I � ,/. CONTAINING 2,086,867 SQUARE FEET OR 47.91 ACRES, MORE OR LESS. 'C*• •:s G� '•'••. (r '; :��k\cate''•.°' /L • 0 250 500 ^_--10000 , 1%G� ,;J�//t11 ' r--... I i I :NICHAEL A�4ARD. �p�!0�"L"ND SURVEYOR i SKETCH & DESCRIPTION ONLY FLORIDA RECRSTR N GI IFItATE NO. 5301 (b.: L. NOT A BOUNDARY SURVEY SCALE: 1"=500' SIGNS C DAM. 7.: (•v' THE SEAL APPEARI N. UM �� FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AUTHORIZED J1Y •n A% 1,.'..... �` �r-d n. 5,,`• SKETCH & DESCRIPTION OF: PARK PARCEL II 6sfqN( w� di kohe2oo IGa¢lds)Fbrldl4109 Phone:(239)597.0575 FAX:(239)597-0578 COLLIER COUNTY. FLORIDA LB No.:6952 ENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.06.00 8 32 48S 27E 1" = 500' 5/19/21 NJM Park Parcel 1 OF 1 t.. Retn: 3389913 OR: 3553 PG: 0299 REAL ESTATE SERVICES RECORDED in the OFFICIAL RECORDS of COLLIER COUNT!, FL INTEROFFICE 04/30/2004 at 11:48AN DWIGHT E. BROCI, CLERK EEC !El 1i.00 ATTN: TONI DOC-.70 .70 \'az-li EASEMENT COPIES 3.00 Form 3722-A(Stocked)Rev.7/94 Work Order No. Prepared By: Name: Sec. 32, Twp. 48, Rge. 27. Co.Name: FP&L Co. Parcel I.D. 00222280802, 00222281005 & 00221280007 Address: 4105 S.W. 15`h Ave. (Maintained by Property Appraiser) Naples, Fl. 34116 1 The undersigned, in conside ion,of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby icno`!edged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns. an easeme t forever for the construction, operation and maintenance of overhead and underground electric utility facilities (includit wire .poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruyklirrfirove, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in width described as follows: Exhibit "A attached hereto and made a part hereof Together with the right to permit any other pan, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to a�pd'rate the same for communications purposes; the right of ingress and egress to said premises at all times; the right io crearl he land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and`cut,and }ceep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which mighVinteffere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants'to .tl fullest extent the undersigned has the power to grant, if at all. the rights hereinabove granted on the land heretofor91described, over, along, under and across the roads, streets or highways adjoining or through said property. - J I t %t4-,--1 IN WITNESS WHEREOF, the undersigned has signed and sea pig.innStrument on this /l0 day of , 20 0V . ;i The District School Board, Collier County, Florida. • <' w'. 4' By. did H,....... 5775 Osceola Trail ('''' t Naples, Florida 34109 Attest By: Qom.•- (Corporate'Sal) • 5775 Osceola Trail • • Naples, Florida 34109 ,f i, r. r, , • Approved as to form and • Legal IIsufficienc�y: - . . Thomas Eastman. Attorney EXHIBIT A OR: 3553 PG: 0300 Page 1 of___7r__— II:\2004\2004oa\ow\SL-laze d.y rod. Model Mar 05.2004 - y:48Pm Plotted or To7111ouser = % FlI m m g 1 O] O O m �j 0 N OO uG;m ~ Pi z z 6 ., a t—oo x ti �, m i^T1 omoo� II �. m O Y J J N m n I�C=Y� Zvi 1 m y O Az m o m n <nc� t9 UP Z � Z �:u�g� p "3 M Z Z Q m f F .1. v U n m c K 4 r iiiii m oo po Z o$-n u m O 0 i f 1 N f �E u sr [OF THE GIST I/2 ,- N 02'15'36" W 2520.71' cr M sounrts*I/.senaM a n '• S 0215'36" E 2510.77' 2Cto _ �, Z T N 1�1 , Cm? 8 J aJo COJ yams a y�I� f N N SA-tie Z` ' 11 ? aN1-0I f * m P o i tad N -�N♦ a Of N:.00, 0 O / m vi K oci m e — — _ N O — . --'' _ Il `moocc ✓ n I dial O , ,1. \ D rn N� a sc h mCO DZ /L N A m N co=0c, vm cs o m a gNCoap zos Nz ; ,,i}}> pr2oO orn> ` m Zm2� NmHiSN�AmImm wm0 mp mgm n >g >0 $ rI w2Lmm z2.0 NgA-i cmlagmm mny�>.m n mmP m ci _ MMI R 2 mom A>mcIlc' zm Np zom *A> ",r24Z:Z0mN> > m 2 is o2 �1 = W YI -i �J. 0 �_ 1�1��n-1�m >��N?m2 ��A02--1 W O �O D A V >QQ > , 0° 11 D opO ppN p@ ',N , • � i 11�2 cn IO>Z �r2i�v>io� r �Z20= m.. 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N m>0scm m-ti* n O cnd oo z=-<.^u'zz icnr)14mC iQ+2Qio'#j2Prr�A .- �T .:-AA 3 Q.I >>Opmp> -�cpmrno =NQj > 0_4 RImNT �m I n •� Oo O rU r+171.ZIDOmOmz�N �DVOC mm-v-irOT, 0 mto Z O o E ha N uri0 ONDIC, On N O ow mdzmoo MA om 1,1 p cn J m r O m j• m m Z O > D r J EXHIBIT__/._ OR: 3553 PG: 0301 Page___ _of._�t� H\200a\200,004\OW\SL-8.deg Tob. Model Mar 05.2000- 130pro Plotted by Ton,Hauaer 0 to m > 0 -0 -0 -0 0 > I O O O In O m I pm 0 Gym G� Nm vvv 000 zzz 5. ... 'ti Et -t -4 , n T. I 000 xA m mpmo II mz ri - mAYJ ut'J y> O fti n� ri ninn Enaz2 0 pr V - Ia O M Z Z • g O a Z z m EE > ZQ n w ^ 7n OO m 4 z m o n r P1 ■ z 8.8 = [z] m litin -I m N O 0 O M D_ 7'- EST LIE E TE CAST t/2 OF 11E IIfRS1 1/4.EIC11O1 Si r / S 02'15'36� E 2690.62' to '� -7- — — `� 0215'36" E 2690.62' >mo E§ • o = N cc:. Z Hta +� a OI gA : o li' 3 � If A O� O © O N,1 n Orr o N t W N�0 0� _ P1 ` 4 _ CZ)1!:lig u _ -r. I\11.%)tn V) 13 0cc O g oxx r • "1 N-I-If 4 ag4.CO , I Nm Z m J33 tf t I) � 1 X m m A S rr mow mi. V ppA m mp� p-Sli pAn D p�O y>�+ pA �..PA'j1 V�j D 0 mm0 � DOmm0,10�m z,0QZZDt->zo �R{ mc� mP _ Dovi I z 700 tO \ =; Dmmg 533 m po-IpmV11A22 pm� IM pn N o-4 M � tnmWnZ \ --M Z02m-I= zM ,..„ ZNmtiO 0 j ZNDo L .pNm00 V1Z0 n Zmzli#�� OA A m{O{ � n � m Np1 13 IrC? Z ' MMO C)� ;imymmtnmmulN0O7 m :AI- rQN-n I _ 0 0 I mo >-I I -4 Z. p-e1DO C { a -1= OC= m` *. iO x, tn m�C m13 p OCzto OmOCZ 61 m G Xtn > mm EDAC D m TV) DmD-1z�00 2vv f Q •. j, mzm Om Oml�pCnnDAO0 33Z _ m Ct t: N •� rm ' n2> Om &..,p v .{�\ > AmZ0 R0t000 mp-,, m m -,', C7; cpm 0i?n3 NZOm0Z2nAO > rZ. 0 1- , z �- 2ZZ�m � WoNmm 2A>>40N- 2p 2=• zp m � o ��NZ1C ONm Z .-IA �21t%� • m m T • C 'e _ON y' 2p !I El.pg0mp, Al OT102e1NDm81Z MQ,•e / E Al J om �_ m MAIr immZ1Z2T 2z>, ml � J CA� p0 N ZNC �2 CN41,3OOZZ Q#miln m> I N CCA col m A- I2 DOo= O=�1�. my)N`Vu. o)zc MOT O to - 0,Z ri cZi vm y �>tn o10�mz mmC��C OVA . M .m> PeDp- Q2 �>�N mi. >mm0-im D �CAZ aa o m 01m J N ZO�U �p (T ��Z mC O O 2N N� 0� w Omm� W FDA Oln mp p m { 0 WOm p _txO Z: N-i co -uO�m{ ri O C m 0 pA W A 0Zmm OWr CZ w0�1 V to O o �1�m O1• om '1n1=-4m - -4 o O Z O 0 p D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 1 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP V, ' t'tlp Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already com ete wi exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Atto ey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office nn nn p 1J J f k 0,�IZ� 4. BCC Office Board of County Commissioners g.L 4y firm tb f,3/2 3 5. Minutes and Records Clerk of Court's Office h DWG (AV- 0/1,3 ai PRIMARY CONTACT INFORMATIO N Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ronald Thomas Phone Number 252-5861 Contact/ Department Transportation Engineering-ROW Agenda Date Item was 01/14/20 Agenda Item Number 11 D Approved by the BCC Type of Document Subordination of Utility Interests Number of Original 1 Attached Documents Attached PO number or account RES 2020-015 number if document is Fund/Cost Center 313-163673 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? RT 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the RT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip RT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 01/14/20 and all changes made during the meeting have been incorporated in the attached document. The County OD i' Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the O o P Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 11D !NSTR 6465776 OR 6297 PG 222R RECORDED 10/18/2023 8:15 AM PAGES 3 CL ERK OF THE CIRCUIT COURT AND COMPTROLLER PROJECT: 60168 VBR Ext(Phase 1 -Collier to 16th) COLLIER COUNTY FLORIDAREC$27.00 PARCEL: 156FEE FOLIO: 00222300009 This instrument prepared by: Florida Power&Light Company P.O.Box 1119 Sarasota,FL 34230-1119 SUBORDINATION OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL FACILITY RELOCATIONS THIS AGREEMENT,entered into this. day of Odak 2023,by and between COLLIER COUNTY,a political subdivision of the State of Florida, hereinafter called the "County", and FLORIDA POWER & LIGHT COMPANY, a Florida Corporation,whose mailing address is P. O.Box 14000,Juno Beach,Florida 33408,hereinafter called"Utility". WITNESETH: WHEREAS, the Utility presently has an interest in certain lands that have been determined necessary for highway purposes;and WHEREAS,the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by Utility to the County; and WHEREAS,the County is willing to pay for the initial relocation of the Utility's facilities within the public right-of- way to prevent conflict between the County's use and the Utility's use,and for the benefit of each,and WHEREAS the County, in recognition of the Utility's interest in the certain lands, is willing to pay for any future relocation of the Utility's facilities from or within the entire width of the public right-of-way shown on Exhibit "A", attached hereto and made a part hereof, NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, Utility and the County agree as follows: UTILITY subordinates any and all of its interest in its easement lands described on "EXHIBIT A" attached hereto and made a part hereof,to the interest of the County,or its successors,for the purpose of constructing,improving,maintaining and operating a road over,through,upon,and/or across such lands,based on the following: NATURE OF ENCUMBRANCE DATE RECORDED BOOK,PAGE Easement 04/30/2004 3553/0299 The County and the Utility further agree that: 1. "Public right-of-way",as used herein, shall mean that area which is described in Exhibit"A"and which includes the Utility's easements identified above and additional lands for public right-of-way,as described in Exhibit"A",attached hereto and made a part hereof. 2. The Utility shall have the right to construct,operate,maintain,improve,add to,upgrade,remove,and relocate facilities on, within, and upon the public right-of-way described in Exhibit "A", in accordance with the County's current minimum standards for such facilities as of the date of this agreement. Any new construction or relocation of facilities within the public right-of-way will be subject to prior approval by the County. 3. The County shall pay for the relocation of existing facilities.In addition,the Utility retains the right to be reimbursed, either now or in the future,for additional relocation or adjustment of its facilities located presently or to be located on the public right-of-way described in Exhibit"A", if such relocation or adjustment is caused by present or future uses of the right-of-way by the County or its assigns, including, but not limited to, the cost of acquiring replacement easements. 1 I D IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL,..Cferk of the COLLIER COUNTY, FLORIDA Circuit Court& mptzolldi. t ' BY: (--j2f;, Attest ae to,Chairman's , ep ty ale RICK LoCASTRO,CHAIRMAN i; signature only Signed,sealed and delivered FLORIDA POWER&LIGHT COMPANY in the presence of: /Z 1C B`� By T. Co orate n ger Print Name: I /fs, Mr C. Printame: 7Mcry re&es 4 C B . Print Name d( ji f Y_{tPO r' i\e 5 (Corp. Seal) STATE OF FLORIDA,COUNTY OF SARASOTA I hereby 7ccertify that on this day,be ore me,an officer duly authorized to take acknowledgements,personally appeared A. (_re.�sht✓,by means of physical presence or❑online notarization,to me known and personally known to me to be the person described in,and did not take an oath and who executed the foregoing instrument as the Corporate Real Estate Manager of the Florida Power&Light Company and acknowledged before me that he executed the same as such official in the name and on behalf of said Corporation. WITNESS my hand and official seal in the County and State aforesaid thia ay of j.+ ,2023. (affix notarial seal) (Signature of N ary Public) V\c \ nfl UD u i n(\ 4.00.4 Notary Publfe State of Florida (Print Name Notary Public) Katly r n M O'Qulnn R My Commission HH25 130048 II n,.,� (�(, '3�,- oc Expires 05/16/2025 Serial/Commission# (if any): ]:[ IFL!YB 314 orn My Commission Expires:(l 1( 2025 ,ved a• to . /d legality:.fir DEREK D.PERRY, ESQ.r Assistant County Attorneyf Pursuant to Agenda Dated 1/14/20, Item N.. 11 .D, Resolution r.e. 20-15. lID EXHIBIT A 1 N Page 1 of 1 NORTHERLY UNE OF THE SOUTHEAST 1/4 SEC 32.T-48—S_. R-27-E 1 ' W A.L.._ E :..._..-- N8T12'21`E 1962.14' r N S N N . a, 0 T 'Si - H.PARK PARCEL . SCUT. 2.088,8871-1 m, N o NI isl z 589'31'10"W 20.75' cn POINT OF o "EGINNING 1',I m;o 4SO0'28'S0"E 42.00' I2 S89'31'10'W 1247.36' Nm v, 7 I; rt m a L AL=697.01', R=2990.OD', A=13 21'23` o CB=S82'50'29"W, CH=695.43' `^ CD v COWER CNTY OR 2888/3382 a z C • !^? POINT OF COMMENCEMENT $ SE CORNER SEC 32 TWN 485., RNG 27E. • rn • SOUTH LINE SEC 32, T-48-S, R-27-E SQ.FT. SQUARE FEET TE - ROW OR OFFICIAL RECORDS (BOOK/PAGE) 05-21-21 LEGAL DESCRIPTION (PARK PARCEL) A PARCEL OF LAND LYING IN THE SOUTH 1/2 OF SECTION 32, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COWER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 32: THENCE ALONG THE EAST LINE OF SAID SECTION 32, N.02'13'46"W„ FOR 1,662.33 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE LEAVING SAID EAST UNE OF SECTION 32, S.89'31'10"W., FOR 20.75 FEET; THENCE S.00'28'50"E., FOR 42.00 FEET; THENCE S.89'31'10'W.. FOR 1,247.36 FEET TO A POINT OF CURVATURE; THENCE WESTERLY 697.01 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 2,990.00 FEET THROUGH A CENTRAL THENCE N 02.1 "W.,vFOR 1,,095 98GLE OF 1,23*FEET AND BAN INTERSECTION NTERS EECNODNEDW� THEHORD WHICH NORTHERLY UNE OF THES 5SOUTHEASTRQUA5.43 FEET; ARTER (SE 1/4) OF SAID SECTION 32; THENCE ALONG THE NORTHERLY UNE OF SAID SOUTHEAST (SE 1/4), N.8712'21"E., FOR 1,962.14 FEET TO AN INTERSECTION WITH THE EAST UNE OF SAID SECTION 32; `,`�����,I'' THENCE ALONG THE EAST UNE OF SAID SECTION 32, 5.02'13'46"E., FOR 1,052.29 FEET TO THE POINT OF BE I i OF THE PARCEL DESCRIBED HEREIN; ,%`rae\ A. CONTAINING 2,086,867 SQUARE FEET OR 47.91 ACRES, MORE OR LESS. p ••••••.•�r0,; 11/ 0 _ 250 500 1000 U'-4 /��/1 •• j_ I 1 j �A.YMRD, O ND SURVEYOR • • SKETCH & DESCRIPTION ONLY M1CHAA RF:Sn p TE NO.5301 • aOR: , NOT A BOUNDARY SURVEY SCALE: 1"=500' SIGNING DATE, FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS TMEAUTHOR EED N'?• ,P Aip 1 ,` Receipt# 008772417 10/18/2023 8:15:47 AM co�ti,FR��UNT Crystal K. Kinzel 1 1 D Clerk of the Circuit Court and Comptroller F c, ?��F rHF,CIRLJ`�GO O ��_ - - - \� \ / pa Customer Deputy Clerk Clerk Office Location CLERK TO THE BOARD/MINS Stephanie L. Carr Collier County Govt. Center & REC Recordinghelp@collierclerk.com Building LA, 2nd Floor 3299 TAMIAMI TRL E STE 401 (239)252-2646 3315 Tamiami Trl E Ste 102 NAPLES, FL 34112 Naples, Florida 34112-4901 1 Document Recorded DOC TYPE INSTRUMENT BOOK PAGE AMOUNT Agreement 6465776 6297 2228 $27.00 TOTAL AMOUNT DUE $27.00 Clerk Account#: BCC ($27.00) BALANCE DUE $0.00 Note: 1 0/1 8/2023 8:15:47 AM Stephanie L. Carr: Transportation Enginerring/ROW Charge account: 313-163673-649030 Disclaimer: All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and to assess or refund charges as needed. ©0[1[111®T©[1@lTaKingOBEI Page 1 of 1 Retn: 3389913 OR: 3553 PG: 0299 1 1 REAL ESTATE SERVICES RECORDED in the OFFICIAL RECORDS of COLLIER COUNT!, IL IETEROFFICE 04/30/2004 at 11:48AN DWIGHT E. BROCE, CURE SIC III 11.00 ATTM: TONI DOC-.70 .70 �9.7 EASEMENT CorIES 3.00 Form 3722-A(Stocked)Rev.7/94 Work Order No. Prepared By: Name: Sec. 32, Twp. 48, Rge. 27. Co.Name: FP&L Co. Parcel I.D. 00222280802, 00222281005 & 00221280007 Address: 4105 S.W. 15th Ave. (Maintained by Property Appraiser) Naples, Fl. 34116 The undersigned, in conside etion,of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby alegiio ledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns. an easeme t forever for the construction, operation and maintenance of overhead and underground electric utility facilities (includi wire;.poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstru t iinfirove, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in width described as follows: Exhibit " attached hereto and made a part hereof Together with the right to permit any other prrs'Qn.ifirm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to pate the same for communications purposes; the right of ingress and egress to said premises at all times: the right to cfear>he land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and`c,utt and'(ceep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might inteefer`e with or fall upon the lines or systems of communications or power transmission or distribution; and further granteto tttdfullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretoforVdescrilbed, over, along, under and across the roads, streets or highways adjoining or through said property. //" . '" IN WITNESS WHEREOF, the undersigned has signed and sea this instrument on this /o day of L(% The District School Board, Collier County, Florida. t j Z By. ems- 5775 Osceola Trail ( '< , Naples, Florida 34109 r 1 Attest By: rl�i� Q (Corp t€Sy l) • t, 5775 Osceola Trail Naples, Florida 34109 - ' :'/ i. . .J Approved as to form and Legal IIsufficiency: Thomas Eastman. Attorney EXHIBIT A OR: 3553 PG: 0300 1 1 D Page I of_lc_ 11:\2004\2004004\OW\SL-182 dory lob U del u,.05.2004- .t:48p'o Plotted by Tomllnuaer Z Si - -13 [2 I O O U. 0 m n 0 jci A r N'� O O u F,,i r� I Z Z p - 0 l'I'I a AN OO m omog= II . 1-4 > ^ X CO Z J m n V J N�2 z m ' O l l 1 e.21 AZQ 0uuc:0T O H U O z K Z .''.°t g; o f!1 Zr', r f E r v 14 C7 z a 4 I;T Z aoo [t] 16.4m � -4 oOQ 0 0 i •T � ' es' +EAST IO Nr" . 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