Backup Documents 01/09/2024 Item #16B 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 2
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 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 n p p 1 110'VA
4. BCC Office Board of County
Commissioners CH ill ftbf1
5. Minutes and Records Clerk of Court's Office (,uA,�///�,' ` 1( �(/_/�.
' • zF (s�l� 34
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 Ronald Thomas Phone Number 252-5880
Contact/ Department Transportation Engineering-ROW
Agenda Date Item was Agenda Item Number 16 B .2
Approved by the BCC 01/09/2024
Type of Document Number of Original 1
Attached Purchase and Sale Agreement Documents Attached
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)
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,
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 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. RT
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. RT
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. RT 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 01-09-2024 and all changes made D n
during the meeting have been incorporated in the attached document. The County 0 (/
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the CO
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
1682
PROJECT: 60142 —W Goodlette-Frank Road SIP (Ph 2)
PARCEL: 149DE
FOLIO: 61945480009
PURCHASE AND SALE AGREEMENT
(Perpetual, Non-Exclusive Drainage Easement)
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is entered into this / — day of (T)ri(J,4/lq),
202-f, DANIEL G. RILEY, Trustee of the Daniel G. Riley Revocable Living Trust U/A/D January 23, 2016, whose'
mailing address is 1377 Sperling Lane, Naples, FL 34103 ("Seller"), and COLLIER COUNTY, a political subdivision
of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o County Attorney's Office, Suite 800,
Naples, FL 34112 (the"County").
Recitals:
A. Seller owns certain real property in Collier County, Florida, commonly known as 1377 Sperling Lane,
Naples, FL 34103.
B. The County desires to purchase a perpetual, non-exclusive drainage easement(the"Easement")over,
under, upon and across a portion of Seller's property as described in Exhibit"A" attached hereto (the "Property").
NOW THEREFORE, the parties agree as follows:
1. AGREEMENT TO SELL AND PURCHASE. Seller hereby agrees to sell, and the County hereby agrees
to purchase the Easement on the terms and conditions set forth in this Agreement.
2. COMPENSATION.
A. Amount. The compensation payable by the County for the Easement shall be $43,800 subject to
prorations, apportionments, and distribution of sales proceeds provided for in this Agreement. No portion of the
compensation is attributable to personal property.
B. Full Compensation. The payment of the net sales proceeds to Seller, payable by County check at
Closing (defined below), shall be (i) full compensation for the Easement, including, without limitation, all
improvements located on the Property as of the date of this Agreement; and (ii) full and final settlement of all other
damages and expenses suffered or incurred by Seller in connection with Seller's conveyance of the Easement to
the County, whether foreseen or unforeseen, including, without limitation, and to the extent applicable, moving
expenses, attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
3. PUBLIC DISCLOSURE. 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, before the
full execution of this Agreement, make a written public disclosure, according to Section 286.23, 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 is conveyed to the County. The foregoing notwithstanding,
(i) if Seller is a corporation 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 exempt from the provisions of Section
286.23, Florida Statutes, and (ii) the names and addresses of persons or entities holding less than 5 percent of the
beneficial interest in the disclosing entity are not required to be disclosed.
4. PURPOSE OF EASEMENT. The Easement shall be for drainage and stormwater management
purposes and includes the right to enter upon the Easement to a) construct, operate, maintain, repair, replace and
remove ponds, canals, ditches, swales, earthen berms, rip-rap, retaining walls and other retaining systems, pumps,
underground pipes, irrigation lines, lighting and other electrical facilities, and other types of water control structures
and facilities, and b) place, excavate, use, store, plant, remove and dispose of soil, trees, landscaping, and other
materials and improvements, including the removal and disposal of any and all property, real and/or personal, not
owned by the County to the extent it interferes with the County's rights under the Easement, without liability to the
owner of such property; all as deemed necessary or appropriate from time to time by the County.
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5. CLOSING DATE; POSSESSION.
A. Closing Date. Seller's conveyance of the Easement to the County (the "Closing") shall occur within
30 days of the County's receipt of all properly executed Closing Documents (defined below). TIME IS OF THE
ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering Division, 2885
Horseshoe Drive South, Naples, Florida 34104.
B. No Adverse Changes; Risk of Loss. The County's obligation to close shall be contingent upon the
County having determined that, between the date that the County completes its due diligence investigations and
inspections under this Agreement and the Closing, there shall have been no adverse changes in the title, physical
condition of the Property, or other matters previously approved by the County. Between the date of the parties'
execution of this Agreement and the Closing, risk of loss shall be borne by Seller. If the Property is damaged prior
to Closing, excluding damage caused by the County, Seller shall repair and restore the Property at Seller's expense.
C. Possession. Seller shall remove Seller's personal items, vacate, and surrender possession of the
Easement to the County at Closing. Seller shall leave the Property free of all personal property and debris and in
substantially the same condition as exists on the date of Seller's execution of this Agreement. The County shall
have the right to inspect the Property prior to Closing.
6. CLOSING DOCUMENTS. As soon after the parties' execution of this Agreement as is possible, Seller
shall deliver the following documents to the County, properly executed and in a form approved by the Collier County
Attorney's Office (the "Closing Documents"):
(a) Drainage Easement instrument;
(b) Closing Statement;
(c) Affidavit of Title;
(d) Form W-9 (Request for Taxpayer Identification Number and Certification);
(e) Evidence of legal authority and capacity of the individual executing this Agreement on behalf of
Seller to execute and deliver this Agreement and the Closing Documents;
(f) Satisfaction, Partial Release, Termination or Subordination from the holder of each mortgage or
other lien open of record encumbering the Property;
(g) Termination, Partial Release, or Subordination of any leases or rental agreements that encumber
the Property;
(h) Termination or Subordination of any existing easement that encumbers the Property, if required by
the County; and
(I) Such other documents as the County or title company deems necessary or appropriate to clear title
to the Easement.
Following the Closing, Seller shall execute any and all additional documents as may be requested by the County or
title company to correct clerical errors, clear title, or otherwise carry out the intent of the parties.
7. CLOSING COSTS AND DEDUCTIONS.
A. County's Closing Costs. At Closing, the County shall pay(i)the recording fees to record the Easement
instrument and any curative instruments required to clear title; and (ii) the cost of an owner's policy of title insurance
if the County elects to obtain one. Additionally, the County may elect to pay reasonable costs incurred and/or
processing fees required by mortgagees or other lien holders in connection with the delivery of properly executed
Satisfaction, Releases, Terminations, or Subordinations of any liens open of record encumbering the Property. The
County shall have sole discretion as to what constitutes"reasonable costs and/or processing fees."
B. Seller's Closing Costs. At Closing, Seller shall pay (i) all state documentary stamp taxes required on
the Easement instrument in accordance with Section 201.01, Florida Statutes, unless the Easement is acquired
under the threat of condemnation, in which case the conveyance is exempt from state documentary stamp taxes; (ii)
any apportionment and distribution of the full compensation amount provided for in this Agreement that may be
required by any mortgagee, lien holder, or other encumbrance holder as payoff, paydown, or for the protection of its
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security interest, or as consideration due to any diminution in the value of its property right; and (iii) all taxes and
assessments that are due and payable.
8. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS.
A. Relocation. Seller agrees to relocate existing irrigation, electrical, or other systems located on the
Property, if any, including, but not limited to, irrigation lines, sprinkler valves, electrical wiring, etc. ("Systems"), prior
to the commencement of construction, without any further notification from the County. Seller assumes full
responsibility for the relocation of all Systems and their performance on the remainder property after relocation.
Seller holds the County harmless for any and all possible damage to the Systems in the event Seller fails to relocate
the Systems prior to the commencement of construction.
B. Retention of Improvements. Seller acknowledges that the County has compensated Seller for the
value of all improvements and landscaping ("Improvements") located on the Property, and yet the County is willing
to permit Seller to salvage said Improvements provided same are removed from the Property prior to the
commencement of construction. If Seller elects to retain any Improvements located on the Property, Seller is
responsible for their removal prior to the commencement of construction, without any further notification from the
County. All Improvements remaining on the Property at the time of commencement of construction shall be deemed
abandoned by Seller.
C. This section shall survive Closing and is not deemed satisfied by conveyance of the Easement.
9. INSPECTIONS.
A. Inspections. Following the date of the parties'execution of this Agreement, the County shall have the
right, at its sole cost and expense, to conduct whatever investigations and inspections of the Property that it deems
appropriate, including, without limitation, a title examination, property survey, appraisal, building inspections,
environmental assessments, engineering studies, soil borings, determination of compliance of the Property with
applicable laws, and the like. Seller shall provide the County with reasonable access to the Property to conduct on-
site inspections. The County shall promptly repair any damage to the Property caused by such on-site inspections.
B. County's Right to Terminate. Notwithstanding anything in this Agreement to the contrary,the County's
obligations under this Agreement to acquire the Easement are contingent upon the County's satisfaction with the
Property, including, without limitation, as revealed by the County's investigations and inspections as set forth herein.
If, prior to the Closing, the County identifies any objectionable matters and determines that such objections cannot
be resolved to the County's satisfaction through reasonable diligence, within a reasonable period of time, and at a
reasonable cost, all as determined by the County in its sole discretion, the County shall have the right to terminate
this Agreement by written notice to Seller, whereupon neither party shall thereafter have any rights or obligations
under this Agreement. The County may, but shall not be required to, provide Seller with an opportunity to rectify
such objections.
10. SELLER'S ADDITIONAL REPRESENTATIONS AND WARRANTIES. Seller makes the following
additional representations and warranties on the date of Seller's execution of this Agreement, and shall be deemed
to have repeated same at Closing:
(a) Seller is the sole owner of fee simple title to the Property and has full right, power, and authority to
own and operate the Property, to execute this Agreement, and to fulfill Seller's obligations under this
Agreement and the Closing Documents.
(b) No tenant or other party has any right or option to acquire the Property or to occupy the Property, or,
if applicable, Seller shall disclose same to the County in the applicable Closing Documents.
(c) Seller's title to the Property is free and clear of all mortgages and other liens and encumbrances,
except as may be disclosed in the title commitment, title report, or attorney title opinion obtained or to
be obtained prior to the Closing.
(d) Between the date of Seller's execution of this Agreement and the Closing, Seller shall not do anything
to encumber the title to the Property, or convey the Property to a third party, or grant to any third party
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any rights of any kind with respect to the Property, or do anything to change or permit to be changed
the physical condition of the Property, without in each instance obtaining the County's prior written
consent, which may be granted or withheld in the County's sole discretion.
(e) No maintenance, construction, advertising, management, leasing, employment, service, or other
contracts affecting the Property shall remain in effect following the Closing.
(f) There are no governmental proceedings or investigations of any kind, formal or informal, civil or
criminal, pending or threatened, that may affect the Property or adversely affect Seller's ability to
perform Seller's obligations under this Agreement.
(g) The Property is in compliance with all federal, state and local laws, including, without limitation,
environmental laws; no unsafe levels of radon, mold, lead, or other pollutants or hazardous substances
have been used, generated, stored, treated, or removed from the Property, nor is there any lawsuit,
proceeding, or investigation regarding same; the Property has never been used as a landfill, and there
are no underground storage tanks on the Property; there has been no spill, contamination, or violation
of environmental laws pertaining to any contiguous property; and Seller has not received notice and
otherwise has no knowledge of any existing or threatened environmental lien against the Property.
(h) Seller has not utilized a real estate broker or agent in connection with Seller's sale of the Easement to
the County and no real estate sales commission is due.
(i) None of the improvements located on the Property encroach upon adjoining properties, and no
improvements located on adjoining properties encroach upon the Property.
11. DEFAULT; REMEDIES. If either party fails to perform any of its obligations under this Agreement and
fails to cure such failure within 15 days after receiving written notice thereof from the non-defaulting party, the non-
defaulting party shall have the right to terminate this Agreement by giving written notice of termination to the
defaulting party; without limitation of any other rights and remedies available to the non-defaulting party at law or in
equity, including, without limitation, the right to seek specific performance, and to recover damages, including
attorney fees and court costs, in connection with such default; all rights and remedies being cumulative.
12. INDEMNIFICATION; WAIVER OF CLAIMS. Seller shall indemnify, defend, and hold the County
harmless from and against all claims and actions asserted against the County, and all damages, losses, liability,
penalties, fines, costs and expenses, including, without limitation, attorney fees and court costs, suffered or incurred
by the County, arising from (i) Seller's representations and warranties in this Agreement or in any of the Closing
Documents if untrue; or (ii) Seller's failure to perform any of Seller's obligations under this Agreement, irrespective
of whether the County delivers a written notice of default to Seller; or (iii) injuries, accidents, damage to Seller's
personal property, or other incidents occurring on the Property prior to Closing.
13. NOTICES. All notices given by either party to the other under this Agreement shall be in writing and
shall be personally delivered, or delivered by a traceable courier, or mailed by U.S. certified mail, to the parties at
their respective addresses set forth in the introductory paragraph of this Agreement, or such other address as may
be specified by either party from time to time by written notice to the other party. Notices shall be deemed given on
the date of receipt if personally delivered, or delivered by courier, or 3 days after mailing.
14. GENERAL PROVISIONS.
A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties
and their respective heirs, executors, personal representatives, successors and permitted assigns.
B. Assignment. The parties shall not assign any rights or obligations under this Agreement to a third
party without the prior written consent of the other party.
C. Entire Agreement. This Agreement constitutes the entire agreement of the parties as pertains to the
subject matter hereof, and there are no prior or contemporaneous written or oral agreements, undertakings,
promises, warranties, or covenants not contained herein.
D. Amendments. All amendments to this Agreement must be in writing and signed by both parties.
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E. Time Periods. If any deadline or expiration of any time period provided for hereunder falls on a
Saturday, Sunday or legal holiday, such deadline or expiration shall be extended to the following business day.
F. Survival. All provisions of this Agreement that are not, or by their nature cannot be, performed prior
to the Closing, including, without limitation, Seller's representations, warranties, indemnity obligations, shall survive
the Closing.
G. Severability. If any provision of this Agreement is determined to be legally invalid or unenforceable,
such provision shall be severed from this Agreement, and the remaining provisions of this Agreement shall remain
in full force and effect.
H. No Waiver. No party shall be deemed to have waived its right to enforce any specific provision of this
Agreement unless such waiver is in writing. Any such written waiver shall be applicable only to the specific instance
to which it relates and shall not be construed as a continuing waiver as to future instances or as a waiver of any
other provision.
I. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the
laws of the State of Florida. All disputes arising under this Agreement shall be brought solely in the courts in Collier
County, Florida, and the parties hereby agree to said venue.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below,
effective as of the date this Agreement is executed by the County.
Date: 41 , 2023 SELLER:
DANIEL . RILEY, indivi ually and as Trustee of e
Daniel G. Riley Revocable Living Trust U/A/D J ary
23, 2016
19 Tit
Date: `TAr• • / -, 202y COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court& Comptroller COLLIER CO , FLORIDA
By: 01.0...irpc. By:
Deputy Clerk NCH nu, CH14►1t rAr/
Attest as to Chairman's
signature only
Ap• • :d as to form a gality:
j_ettitt
DEREK D. PERRY, ESQ. `�
49
Assistant County Attorney \r\`
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PROPERTY DESCRIPTION TE-ROW EXHIBIT A 149DE
A PARCEL OF LAND LYING IN OFFICIAL RECORDS BOOK 5999, PAGE LINE TABLE 8/29/22 Page 1 of 1
643, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: UNE M BEARING DISTANCE
BEGINNING AT THE NORTHERLY MOST CORNER OF SAID LANDS, L1 S 40'13'42" E 50.15'
THENCE ALONG THE NORTHEAST LINE OF SAID LANDS SOUTH
40'13'42" EAST, A DISTANCE OF 50.15 FEET; THENCE DEPARTING L2 S 59'39'54" W 54.14' 0
SAID NORTHEAST LINE SOUTH 59'39'54" WEST, A DISTANCE OF L3 S 64'41'16" W 22.12' POB Q
54.14 FEET; THENCE SOUTH 64'41'16"WEST, A DISTANCE OF 22.12 (OR 5186, -i FEET; THENCE SOUTH 47'41'50"WEST, A DISTANCE OF 62.35 FEET; L4 S 47'41'50" W 62.35' PG 1678) 1
co
THENCE SOUTH 25'26'17" WEST, A DISTANCE OF 38.45 FEET;
(OR 5092,
THENCE SOUTH 32'43'30" WEST, A DISTANCE OF 20.54 FEET; L5 S 25'26'17` W 38.45'
THENCE SOUTH PG 21'09" WEST, A DISTANCE OF 32.82 FEET; PG 1898) li. N
THENCE SOUTH 86'11'11"WEST,A DISTANCE OF 30.48 FEET TO AN L6 S 32 43'30" W 20.54'
INTERSECTION WITH THE NORTHWEST LINE OF SAID LANDS; THENCE N
ALONG SAID NORTHWEST LINE NORTH 44'22'18" EAST, A DISTANCE L7 S 83'21'09` W 32.82'
OF 244.65 FEET TO THE POINT OF BEGINNING. L8 S 86'11'11" W 30.48' Li
Li
CONTAINING 7,548 SQUARE FEET, MORE OR LESS. --.1
NOTES: (OR 5745, ti ..1
PG 2785) U
1. BEARINGS SHOWN HEREON REFER TO THE STATE PLANE h Y
COORDINATE SYSTEM ESTABLISHED BY THE NATIONAL GEODETIC k�� �� i
SURVEY FOR FLORIDA EAST ZONE, 1983 DATUM WITH 2O11 `L
ADJUSTMENT OBTAINED USING RTK GPS OBSERVATIONS ON THE C
ec
FDOT NETWORK AND ARE BASED ON THE NORTHWEST LINE OF
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 5999, PAGE ��� J
643, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, 9, vi
AS BEING N 4422'18" E. p,� �,
2. DIMENSIONS SHOWN HEREON ARE IN U.S. SURVEY FEET AND ? i
DECIMALS THEREOF. (OR 5999, Cl.
3. THIS SKETCH AND DESCRIPTION IS ha VALID WITHOUT THE (OR 153, PG 643) W
ORIGINAL SIGNATURE AND SEAL OR THE DIGITAL SIGNATURE AND PG 37) -N-
DIGITAL SEAL OF A LICENSED FLORIDA SURVEYOR AND MAPPER. o
NO ADDITIONS OR DELETIONS TO THIS SKETCH & DESCRIPTION O
MAP ARE PERMITTED WITHOUT THE EXPRESSED WRITTEN .5 O
CONSENT OF THE SIGNING PARTY.
ii I
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3
LEGEND: co 6MINEINNINIE DRAWN BY: AH I
POE POINT OF COMMENCEMENT 0 20' 40' 80' CHECKED BY: DLS WI
OR
8 OFFICIAOFRECORDSNBOOK L8 L7 SCALE: 1" = 40' a
JOB CODE: CNO15
PB PLAT BOOK THIS PLAN MAY HAVE BEEN ENLARGED OR SCALE: 1"=40' O
PG PAGE(S) REDUCED FROM INTENDED DISPLAY SCALE N FOR REPRODUCTION REASONS DATE:25 FEBRUARY 2022
FILE: 21,216-SL
A
'THIS IS NOT A SURVEY* SHEET: 1 of 1
SKETCH AND DESCRIPTION ti
0 Grady Minor and Associates,P.A. OATS SIGNED
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GradyMinor 3800 Via Del Rey PARCEL OF LAND Digitally signed by
Bonita Springs.Florida 34134 Donald L.Saintenoy 0,
#16 IN,PSM
Chill Engineers . Land Surveyors . Planners . Landscape Architects Date:2622.oa.o3
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Cert.of Anth.BB 0005151 Cert.of Auth.LB 0005151 Business LC 26000266 LYING IN =.:- 08:15:4s oa'oo'
SECTION 22,TOWNSHIP 49 SOUTH,RANGE 25 EAST DOWD L SNAREAVY III,P.SM Bonita Springs: 239.947.1144 www.GradyM/nor.com Fort Myers: 239.690.4380 COLLIER COUNTY,FLORIDA a LMEASE 0761
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