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Backup Documents 04/09/2024 Item #16B 4 1 6B 4 .ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. I he complctrad 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 clip'and original dncnm:lit,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 I Date 1. County Attorney Office County Attorney Office 00 1,p 11//aIZ y 2. BCC Office Board of County Commissioners LN,4/'�3 / 1/iI/Z t f 3. Minutes and Records" Clerk of Court's Office 9r4 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive SummarJ. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing intornmation. Name of Primary Staff Phone Number 252-5880 Contact/ Department Transportation Engineering-ROW Agenda Date Item was 4-9-2024 Agenda Item Number 16-B-4 Approved by the BCC Type of Document Purchase and Sale Agreement Number of Original Attached _ 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. ( (Initial) Applicable) I. Does the document require the chairman's original signature? RLG 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 RLG 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 RLG 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. RLG 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 4-9-2024(enter date)and all changes N/A is no made during the meeting have been incorporated in the attached document. The 00P an option for County 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 WA is not BCC,all changes directed by the BCC have been made,and the document is ready for the Apr an option for Chairman's signature. Jl 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 1 6B 4 PROJECT: 60142-W Goodlette-Frank Road SIP(Ph 2) PARCEL: 140DE FOLIO: 61945000007 PURCHASE AND SALE AGREEMENT (Perpetual, Non-Exclusive Drainage Easement) THIS PURCHASE AND SALE AGREEMENT ("Agreement") is entered into this -/ day of f}PR/Li , 2024, by and EDWARD P. CATARSI, a single man, whose mailing address is 1240 Sperling Court, 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 1240_Sperling CT, Naples, Florida 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 $6,500.00 subject to prorations, apportionments, and distribution of sales proceeds provided for in this Agreement. No portion of the compensation is attributable to personal property. In addition, the County shall pay attorney fees in the sum of$990 to Craig D. Blume, P.A., d/b/a Blume& Long Attorneys at Law. B. Full Compensation. The payment of the net sales proceeds to Seller and attorney fees as stated in subparagraph A above, 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. 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; 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; and c) notwithstanding the rights granted to Grantee herein, Grantee shall not construct any pump or device upon the Easement which would be a visual obstruction or audible nuisance to Grantor's quiet enjoyment of the Property, except in the case of an emergency where temporary pumps or other stormwater management devices may be required to address the emergency. 4. 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 1 1 6B 4 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. 5. CLOSING DOCUMENTS. Prior to the Closing Date, Seller shall deliver the following documents to the County, provided they are provided by the County to Seller, properly executed and in a form approved by the Collier County Attorney's Office and the Seller(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. 6. 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." In the event the County refuses to pay costs incurred and/or processing fees required by mortgagees and other lien holders, Seller may elect to terminate this Agreement. 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 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. Notwithstanding anything else contained herein to the contrary, in the event any mortgagee, line holder, or other encumbrance holder requires a payoff, paydown, or material consideration for protection of security interest, Seller may elect to terminate this Agreement at any time prior to the Closing Date. Seller's termination right according to this section shall not apply in the event the County elects to pay the payoff, paydown, or consideration required by a lien holder. 2 1 r) 1 6B 4 7. 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. 8. INSPECTIONS. A. Inspections. Following the date of the parties'execution of this Agreement, for a period of twenty(20) days (the "Inspection Period") 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 and shall indemnify and hold Seller harmless for any damage caused or liability incurred as a result of the County's investigations and inspections. B. Countv'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, during the Inspection Period, 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. 9. 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. 3 1 6B 4 (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 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) 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 to the best of Seller's knowledge. (f) 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. (g) 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. (h) None of the improvements located on the Property encroach upon adjoining properties, and no improvements located on adjoining properties encroach upon the Property. 10. 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. 11. 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. The County shall indemnify, defend, and hold the County harmless from and against all claims and actions asserted against the Seller, and all damages, losses, liability, penalties, fines, costs, and expenses, including without limitation, attorney fees and court costs, suffered or incurred by the Seller, arising from (i) the County's representations and warranties in this Agreement or in any of the Closing Documents if untrue; (ii) the County's failure to perform any of the County's obligations under this Agreement, irrespective of whether the Seller delivers a written notice of default to the County; or(iii) injuries, accidents, or damages resulting from the County's agents, representatives, or contractors visiting of the Property. 12. 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. 13. 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. 4 1 6B 4 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. 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: y , 2024 SE E ARD P. CATA TW Date: fiffiL t c� , 2024 COUNTY: ATTEST: CRYSTAL Ic:�K(IVZE' �'•1erk of the BOARD OF COUNTY COMMISSIONERS Circuit Co ' r . er COLLIER CO FLORIDA '` ' / - 'il -00'' By: -=� By: De•'' C -rk. .f4ttest!s.to Chairman's CHR ALL, Chairperson • .ignature only Ai ii ed as to form and legality: v II REK D. PERRY, ESQ. Ci Assistant County Attorney �`ti� \\\ 5 ��7 16B4 PROPERTY DESCRIPTION 7'E...ROW Exhibit A 140DE A PARCEL OF LAND LYING IN OFFICIAL RECORDS BOOK 5094, PAGE 1476, OF THE PUBUC 129,22 1 of 1 RECORDS OF COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY MOST CORNER OF SAID LANDS, THENCE ALONG THE SOUTH LINE OF SAID LANDS SOUTH 89'22'18" WEST, A DISTANCE OF 30.10 FEET TO THE (OR 2841, SOUTHWESTERLY MOST CORNER OF SAID LANDS; THENCE ALONG THE SOUTHWEST UNE OF PG 2734) 3 SAID LANDS NORTH 40'46'02"WEST, A DISTANCE OF 18.95 FEET; THENCE DEPARTING SAID p SOUTHWEST LINE NORTH 54'48'11" EAST, A DISTANCE OF 22.42 FEET; THENCE NORTH N 73'55'42" E 0.76' 73'55'42" EAST, A DISTANCE OF 0.76 FEET TO AN INTERSECTION WITH THE SOUTHEAST (OR 5094, LINE OF SAID LANDS; THENCE ALONG THE SOUTHEAST UNE OF SAID LANDS SOUTH PG 1476) co 40'46'02" EAST,A DISTANCE OF 35.86 FEET TO THE POINT OF BEGINNING. N I CONTAINING 633 SQUARE FEET, MORE OR LESS. •ho ei i tJ 5N q• iP y ,2 --.1 Usti'p6• NOTES: , (OR 5094, cP6`,�r''• PG 1476) F .21 1. BEARINGS SHOWN HEREON REFER TO THE STATE PLANE COORDINATE SYSTEM ra = ESTABLISHED BY THE NATIONAL GEODETIC SURVEY FOR FLORIDA EAST ZONE, 1983 r DATUM WITH 2011 ADJUSTMENT OBTAINED USING RTK GPS OBSERVATIONS ON THE �.,,93,,�2. POB FDOT NETWORK AND ARE BASED ON THE SOUTHEAST UNE OF LANDS DESCRIBED IN 4 i OFFICIAL RECORDS BOOK 5094, PAGE 1476, OF THE PUBLIC RECORDS OF COLLIER S 89'22'18" W COUNTY, FLORIDA, AS BEING S 40'46'02' E. 30.10' 2. DIMENSIONS SHOWN HEREON ARE IN U.S. SURVEY FEET AND DECIMALS THEREOF. (OR 2746, 3. THIS SKETCH AND DESCRIPTION IS 5Q VALID WITHOUT THE ORIGINAL SIGNATURE AND PG 2919) SEAL OR THE DIGITAL SIGNATURE AND DIGITAL SEAL OF A LICENSED FLORIDA SURVEYOR AND MAPPER. NO ADDITIONS OR DELETIONS TO THIS SKETCH & N DESCRIPTION MAP ARE PERMITTED WITHOUT THE EXPRESSED WRITTEN CONSENT OF 2 a. THE SIGNING PARTY. p O O LEGEND: I i POC POINT OF COMMENCEMENT 3 POB POINT OF BEGINNING 0 1 0' 20' 40' OR OFFICIAL RECORDS BOOK PGFLAT BOOK SCALE: 1" = 20' -N- DRAWN BY: Ali CHECKEDPLAN MAY HAVE BEEN ENLARGED OR CHECKED BY: DLS Iza N REDUCED FROM INTENDED DISPLAY SCALE JOB CODE: CN015 FOR REPRODUCTION REASONS SCALE: 1"=20' O N DATE:25 FEBRUARY 2022 FILE: 21-210 SL *THIS IS NOT A SURVEY* SHEET: 1 of 1 SKETCH AND DESCRIPTION 0.Grady Minor and Associates,P.A. tVi ivo GradyMinor3800 Via Del Rey PARCEL OF LAND PATE • Day allysynedby 05 Bonita Springs.Florida 34134 CL Donald L.Saintenoy #2 III,PSM Civil Engineers • Land Surveyors Planners • Landscape Architects Date:2022.08.03 Cert.orAuth.EB 0005151 Cert.orAuth.LB 0005151 LYING IN = -=" 0654.03Aao0 �" Bualseaa LC 26000286 ce SECTION 22,TOWNSHIP 49 SOUTH,RANGE 25 EAST D W4LD L.S MIDVOr ill,P.SM Bonita Springs: 239.947.1144 wwn.Gi•adyAilnoi•.corn Fort Myers: 239.890.4380 COLLIER COUNTY,FLORIDA a[CE SE 0761 FOR ne-FIRM csj r'`a')