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Backup Documents 07/13/2021 Item #16A16 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 6 A 16 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?6 j 4. BCC Office Board of County '� _ 1� '1 Commissioners ,:�y� l pal 5. Minutes and Records Clerk of Court's Office 1 Ir��,,, r —3) >>�(. Imo-' 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 Patricia Braxton Phone Number 252-61 5 6,1 Contact/ Department Transportation Engineering-ROW Agenda Date Item was / f 3 /2 Agenda Item Number /Approved by the BCC i (rt Itp Type of Document .,i Number of Original Attached 11 v` � ' '"1 �I'�1`} Documents Attached PO number or account number if document is 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. �'+P (Initial) Applicable) 1. Does the document require the chairman's original signature? V Yl p 0 2. Does the document need to be sent to another agency for additional signatures? f 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 /4 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. P3 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. P3 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 17 time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 3/t3/31(enter date)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. . ;Revised 11/30/12 1 6 A 1 6 MEMORANDUM Date: July 15, 2021 To: Patricia Braxton Transportation Engineering - ROW From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Purchase Agreement for Immokalee Stormwater #60143 Parcel 121FEE Attached is a scanned copy of the document referenced above, (Item #16D16) approved by the Board of County Commissioners on Tuesday, July 13, 2021. An original has been kept by the Minutes and Record's Department for the Board's Official Record. If you have any questions, please feel free to contact me at 252-8411. Thank you Attachment 16A16 Project: 60143 —Immokalee Stormwater Parcel No: 121 FEE(Mobile Manor cut-out, east of Marion Lane) Folio No: none PURCHASE AGREEMENT (unimproved property) THIS PURCHASE AGREEMENT ("Agreement") is executed this ._day of may- - 2021, by JOY B. CARTER, unremarried, whose mailing address is P.O. Box 3, Felda, FL 33930 ("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 (the"County"). Recitals: A. By virtue of a Warranty Deed dated February 15, 1962, recorded in OR Book 162, Page 618, Public Records of Collier County, Florida(and by virtue of the death of her husband, Joseph R. Carter on November 22, 2010), Seller holds title to property located in Immokalee, Collier County, Florida, located east of and adjoining Marion Lane, depicted and described on Exhibit A hereto (the "Property"), which consists of unimproved land that is unused and primarily covered with vegetation. B. To improve stormwater drainage and alleviate flooding in the area, the County desires to acquire the Property for stormwater drainage purposes, subject to final approval by the Board of County Commissioners of Collier County, Florida. C. Seller has no practical use for the Property and is therefore agreeable to selling it to the County 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, the parties hereby agree as follows: 1. AGREEMENT. In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller hereby agrees to sell the Property to the County and the County hereby agrees to purchase the Property from Seller. Notwithstanding anything in this Agreement to the contrary, the County's obligations under this Agreement are contingent upon final approval of this Agreement by the County Attorney's Office and the Board of County Commissioners of Collier County, Florida. 2. PURCHASE PRICE. The purchase price (the "Purchase Price") for the Property shall be ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) (U.S. Currency) payable at time of closing, The Purchase Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph 3 below, shall be full compensation for the Property conveyed, including any and all structures, improvements, fixtures, landscaping, trees and shrubs located thereon, and shall be in full and final settlement of all claims against the County, including all attorneys'fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. No portion of the Purchase Price is attributed to any personal property. 3. CLOSING AND MARKETABLE TITLE. A. TIME IS OF THE ESSENCE. The closing of the transaction (hereinafter, the"Closing Date", "Date of Closing", or"Closing")shall be held on or before one hundred twenty (120)days following the Effective Date (defined in Paragraph 8 below), or within thirty (30)days of receipt by the County 1 6A 16 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. The Closing shall be held at Collier County Growth Management Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida 34104, The County shall be entitled to possession of the Property at the time of Closing. 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 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, Seller shall provide the County with a copy of any existing title insurance policy and property survey in Seller's possession. Three (3)weeks before the Closing, Seller shall cause to be delivered to the County 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 the County, conveying title to the Property, free and clear of all liens and encumbrances other than, (a) the lien for current taxes and assessments, and (b) such easements, restrictions or conditions of record as may be approved by the County: 2. Combined County-Seller closing statement; 3. "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. W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service; 5. Evidence of authority and capacity of Seller to execute and deliver this Agreement and the closing documents; and 6, Any and all other documents as may be required to consummate this transaction, as reasonably determined by the County Attorney or title company, C. At the time of Closing, the County, or its assignee, shall cause to be delivered to 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 County in accordance with the Title Commitment, D. The County shall pay all fees to record any curative instruments required to clear title, and the General 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 that 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. 2 rj•, 16A16 4. MISCELLANEOUS IMPROVEMENTS. The parties acknowledge and agree that, to the best of their knowledge, there are no structures, fences, irrigation systems, or other fixtures or improvements located on the Property, other than vegetation. Should Seller wish to remove any improvements that may be located on the Property and owned by Seller, Seller shall have the right to remove them prior to the Closing, Any and all improvements not removed from the Property prior to Closing shall be deemed abandoned by Seller. 5. TITLE DEFECTS. Upon execution of this Agreement by both parties or at such other time as specified within this Section, the County 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, the County 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. The County shall have thirty (30)days after receipt thereof to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be bald at Closing. If the Title Commitment contains exceptions that make the title unmarketable, the County shall deliver to Seller written notice of its intention to either waive the applicable contingencies or to terminate this Agreement. B. Upon notification of the County'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 that 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, the County, by providing written notice to Seiler 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 this 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, the County may, at its option, terminate this Agreement by giving written notice of termination to Seller. The County 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 County has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and the County 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 the County 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 the County, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole and exclusive remedy, and neither party shall thereafter have any further liability or obligation to the other under this Agreement. Notwithstanding anything to the contrary herein contained, the County shall have the right to terminate this Agreement at any time prior to Closing,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 the County'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. 3 16A16 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 THE COUNTY'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 Seller 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 to execute and consummate the transaction contemplated hereby. Prior to Closing, and upon the request of the County or the Title Company, certified copies of such approvals shall be delivered to the County and the Title Company. C. The warranties set forth in this Agreement are true on the Effective Date and as of the date of Closing. The County's acceptance of a deed to the Property 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. D. Seller and the County agree to do all things that 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 the County according to the terms of this Agreement. F. No party or person other than the County 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 the County to such conveyance, encumbrance, or agreement, which consent may be withheld by the County for any reason whatsoever. H. Seller makes the following representations to the County, to the best of Seller's knowledge: (I) no pollutants are or have been discharged from the Property, directly or Indirectly into any body of water; (ii) the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of Hazardous Materials (as defined under applicable environmental laws), 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; (iii)there is no ground water contamination on the Property or potential of ground water contamination from neighboring properties; (iv) 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; (v) no portion of the Property has been used as a sanitary landfill. I. Seller has no knowledge (I) 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(ii) of any notice from any governmental body that 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 the County 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 ex sting state on the Effective Date up to and including the date of Closing. Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property or do any act or omit to perform any act that would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify the County 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 the County harmless from all costs (including attorney's fees) asserted against the County by reason or arising out of the breach of any of Seller's representations under this 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(if any)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 the County 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 reiated 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, such invalid part shall be severed from this 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 as indicated on the signature page. 9. AUTHORITY. If Seller holds title to 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 the Property 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.) [signature page follows 5 16A16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the Effective Date. AS TO THE COUNTY: DATED: -�"Iki 13 , 2021 ATTEST: BOARD F C UNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk of the COLLIE TY, FLORID � arcuit_Court&Cord (get V► Cterk �titi BY: -puty Penny Tay , Chairperso At c st:as to Chairman's s qnattire only: AS TO SELLER: DATED: , 2021 44UNESSES )2. - Signature)-witness 1 JOY B. CARTER, a widow and unremarried, by �� Carrie Balkcom, her Attorney-in-Fact as l >Air-7 - evidenced by a Title Affidavit recorded on (Printed name) 2021 in OR bOD3 , Page 3 q public re ords of Collier County, Florida ignatqa fitness 2 (Printed noire) Approved as to form and legality: Jennifer A. Be edio C� a Assistant County Attorney AC\` 6 1 6 A 1 6 EXHIBIT"A" PAGE 1 OF 1 P.O.C. NORTHEAST CORNER OF SECTION3I TOWNSHIP 46 SOUTH,RANGE 23 EAST, N S 00'54'29"E COLLIER COUNTY,FLORIDA 30.00' P.O.B. PI AT NORTH `� GRAPHIC SCALE S 89'29'16"W WESTCLOX STREET 3Q�I9 ° '° '° N B9'"e9'16'E �9J2 (60'RIGHT-OF-WAY) 3: 3z 3C.00' ( Di FEET ) 30.00'(1 1 inch = 80 tt I/� F- B 1/2 X 14 Not to Scale a MOBILE MANOR —J • _N PLAT BOOK 9 PAGE 102 = z 34 33 32 31 30 29 28 O.R.4176 a PG.1392 o SKETCH AND DESCRIPTION OF PROPOSED u PARCEL 121FEE ~ Lo DRAINAGE EAR LE-Ho',I<xT WENT AND PARCEL IN SECTIONS 31'TOWNSHIP 46 SOUTH,RANGE 29 EAST, Z I°DRAINAGE' llAln+e +n°unu*v"ASCMAFNT RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY.FLORIDA AND - BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: g g COMMENCING A'THE NORTHEAST CORNER OF SECTION 31,TOWNSHIP 46 SOUTH, vI o RANGE 29 EAST,COLLIER COUNTY,FLORIDA.THENCE ALONG THE NORTH LINE OF SAID N SECTION 31 AND THE CENTERLINE OF WESTCLOX STREET SOUTH 89'29'16"WEST A 3 DISTANCE OF 629.72 FEET TO A POINT ON SAID NORTH LINE OF SAID SECTION AND SAID - CENTERLINE " ,Irs IDl7 N THENCE LEAVING SAID NORTH LINE OF SECTION AND SAID CENTERLINE SOUTH Q g 8 z OW54'29"EAST 30.00 FEET TO THE SOUTH RIGHT-OF-WAY 0;WESTCLOX STREET AND O- THE POINT OF BEGINNING.POINT OF BEGINNING ALSO BEING THE NORTHWEST 1N '-I CORNER OF:OT 34 OF MOBILE MANOR AS RECORDED IN PLAT BOOK 9 PAGE 102, Ory W COLLIER COUNTY,FLORIDA. al W O.R.5135 c I u-- 1E. 2 13 THENCE LEAVING SAID RIGHT-OF-WAY IN THE FOLLOWING THREE(3)COURSES'. PG.705 fV a1.CONTINUE SOUTH 00'54'29"EAST 410.00 FEET ALONG SAID LOT34 ANC LOT 12 e-1 OF SAID MOBILE MANOR. - 2.SOUTH 89'29'16"WEST 30.00 FEET TO A POINT ON A PARCEL DESCRIBED ON J SAID MOBILE MANOR AS NOT INCLUDED IN THIS PLAT. W g 3.NORTH 00'54 29"WEST410.00 FEET ALONG SAID PARCEL DESCRIBED ON SAID U 0 MOBILE MANOR AS NOT INCLUDED IN THIS PLAT TO THE SOUTH RIGHT-OF-WAY OF QWESTCLOX STREET. 0- THENCE ALONG THE SOUTH LINE OF SAID RIGHT-OF-WAY NORTH 69'29'16"EAST 30.00 FEET TO T-IE POINT OF BEGINNING. I S 89'29'16"W CONTAINING 12330 00 SQUARE FEET I\I 30.00' 30 00'V DIMAR LANE (60' RIGHT-OF-WAY) O.R.3813 PG.721 11 10 9 8 7 6 5 4 THIS IS NOT A SURVEY PREPARED BY. 10'DRAINAGE AND UTILITY EASEMENT THOMAS J.ANDERSON,P.S.M. FLORIDA SURVEYOR&MAPPER LS 5804 GENERAL NOTES: COLLIER COUNTY SURVEYOR 1.DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. COLLIER COUNTY 2.BEARINGS ARE BASED ON"THE STATE PLANE COORDINATE SYSTEM" Fl ORIDA EAST ZONE NAD 83.BEARINGS ARE BASED ON THE NORTH Growth Management Department LINE OF SECTION 31,TOWNSHIP 46 SOUTH,RANGE 29 EAST COLLIER COUNTY,FLORIDA BEING S 89'29'16"W. Road Maintenance Division 3.ABSTRACT NOT REVIEWED. 2885 South Horseshoe Drise.Naples Plot kb 34104 4.LEGEND Phone.239-252-8192 P.O.B.=POINT OF BEGINNING Date. Sc\L 1: PIoica No. Fib,Nu. P.O.C.=PONT OF COMMENCEMENT 05-10-2021 1"=60' DIMAR LANE 21012 B