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Backup Documents 12/08/2020 Item #16A30 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 36 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 31Cd3 w/sv jaat a 4. BCC Office Board of County I . Commissioners 1.92` ' 5. Minutes and Records Clerk of Court's Office lal aI•AD I • 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 12/08/20 l��3 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. (I 1 ) Applicable) 1. Does the document require the chairman's original signature? S 4DA O . 2. Does the document need to be sent to another agency for additional signatures? t 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 12/08/20 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 1 6 A Ann P. Jennejohn From: Ann P. Jennejohn Sent: Monday, December 14, 2020 12:38 PM To: 'RodriguezVivian' Subject: Item #16A30 (12-8-20) Parcel 109FEE Purchase Agreement Attachments: Parcel 109FEE.pdf Hi Viviavt, AK executed copy of Item #16A3O, from the December 8, 2020 13CC Meeting is attached for your records. Thavtk you! Ann Jennejohn 13MR Sevtior Deputy Clerk .1.6(0,„), Clerk to the Value Adjustment Board All. r Office: 239-252-8406 Fax: 239-252-8408 (if applicable) Avwt.Jevtvtejohvt@CollierClerk.cow re. �' Office of the Clerk of the Circuit Court 'v"'�s' .`` & Comptroller of Collier County 3299 Taw►iavvti Trail, Suite #4O1 Naples, FL 34112-5324 www.CollierClerk.com i 16A30 PROJECT NO.: 60168 Vanderbilt Beach Road Ext. PARCEL NO.: 109FEE FOLIO NO.: 36713760106 PURCHASE AGREEMENT IS PURCHASE AGREEMENT is made and entered into on this day of , 2020, by and between DANIEL A. MENDOZA AND BR A. MENDOZA, husband and wife, whose mailing address is 3621 7th 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, 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 SIXTY THOUSAND and 00/100 DOLLARS ($60,000.00) (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. 1 6 A 3 0 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 1 6 A 3 0 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 1 6 A 3 0 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 4 I 6 A 3 0 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 I6A3Q 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 6 A 3 0 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.) 7 116A3n IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO PURCHASER: DATED: ef/0-t' ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA Circuit Court & Comptroller BY: OJAxt 0C • BY: �. Dety,CI , BURT L. SAUNDERS, Chairman Attest as ttai Ws signature only AS TO SELLER: DATED: /V02-6 WITNESSES: CCA-4-7;44€6:-CALL 44114 (Signature) DANIEL A. MENDO Doll// 0x� DODiG4K —FRy (Prin Name) (Signature) BRENDA A. MENDOZA DE" FAY (Printed Name) Ap roved as to • a = • • legality: h �eir$# � 3` \- Jennifer • DateDate �'o'ti A. Belpedio " O• Rec'd Assistant County Attorney 8 Deputy Clerk 16A3a -.,__._. I ____ _--.-. POINT OF VANDERBILT BEACH ROAD BBEGINNINGLt L2 — "— ^`.I; 45? 4! ' 345, i, UDE w 1 — ----..r-- —I— —T- --_-- - ---_..,:----4,-,.... - A N 1 N I.' . 17, „ oa„ b':-/ bV- o S89'S5'31" W o z 180.05' in 98 PROPOSED PARCEL 109 FEE 23,994 SO. FT. TRACT 64 GOLDEN GATE ESTATES UNIT 3 TRRT 449 PLAT BOOK 4 PAGE 77 TRACT 65 I TRACT 64 ROAIERO REV TR MENDOZA, DANIEL A OR 5639/407 & BRENDA A I OR 3541/358 UNE TABLE LINE BEARING LENGTH L1 N 89'56'01" E 82.83' L2 N 89'55'06" E 97.23' TE - ROW MAY 1f 3 2020 7th AVENUE NW N SQ.FT. SQUARE FEET EXDE EXISTING DRAINAGE EASEMENT PER PLAT BOOK 4, PAGE 77 W E FEE PROPOSED FEE SIMPLE ACQUISTIDN '�I. OR OFFICIAL RECORDS (BOOK/PAGE) I I PROPOSED FEE SIMPLE PARCEL S LEGAL DESCRIPTION (PARCEL 109 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, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: `,,1,,.,s,7 BEGINNING AT THE NORTHEAST CORNER OF TRACT 64; �►‘\�hael. • ,, THENCE 5.00'27'44"E., ALONG NE EAST LINE OF SAID TRACT 64, FOR 133.27 FEET; : •r'.•','•{••••'•.I '. THENCE S.8935'31'W., FOR 180.05 FEET TO A POINT ON THE WEST LINE OF THE EAST:180_i1 EPB►I�SAO-,1R 114; THENCE N.00'27'50"W., ALONG SAID WEST UNE, FOR 133.27 FEET TO A POINT ON THE NORf►1.11NE OF S D�� G'r 64: THENCE N.8956'01'E., ALONG SAID NORTH UNE, FOR 82.83 FEET TO THE NORTH QUARTER:CORNS OF SAI SECTION 2, TOWNSHIP 49 SOUTH, RANGE 26 EAST; - 33: ".3Q THENCE N-89'55'O6'E., ALONG SAID NORTH UNE, FOR 97.23 FEET TO THE POINT OF 5EDINNG� OF THE PARCFt. DESCRIBED HEREIN. :�'tP•.97/ da•; Flo CONTAINING 23,994 SQUARE FEET, MORE OR LESS. �:'LO, •of 1••Nel..s BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIDA EAST ZONE. �•# hand S� ,`` 0 eo tm zao /A` 17.Z•,7 SKETCH & DESCRIPTION ONLY N ^� 't0A �ic nw C No 0.101 NOT A BOUNDARY SURVEY SCALD 1'-720' WOW WE SEAL MI DOCIAMOR INN FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS MEMIfl ED WY WWII A 1 PLO VANDERBILT BEACH ROAD EXTENSION SKETCH & DESCRIPTION OF: PROPOSED FEE SIMPLE 6610 Wilk,* aowPF Stile 7a0 Navin.FILM. 34109 ACQUISITION Phone 1239159L-0N5.e52FA((239)597-0578 PARCEL 10B FEE COLLIER COUNTY, FLORIDAENGINEERING JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 060119.00.00 1 02 495 26E 1" •• 120' 5/4/20 DAM _ SK109FEE 1 OF 1