Resolution 2024-018 RESOLUTION NO. 2024 - 1 8
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE EXCHANGE OF 1.51 ACRES OF
LAND ON THE SOUTH SIDE OF PAINTED LEAF LANE
CURRENTLY OWNED BY COLLIER COUNTY FOR 1.69
ACRES OF ADJOINING LAND AND APPLICATION FOR
THE RELATED LOT LINE ADJUSTMENT.
WHEREAS, Collier County (the "County") owns a 1.51-acre portion of land on the south
side of Painted Leaf Lane that is not needed for county purposes (the "County Exchange Parcel",
more fully described in Exhibit"A" attached hereto and incorporated herein by reference); and
WHEREAS, Ronen and Leeann Graziani (the "Grazianis") own a 1.69-acre portion of
adjoining land (the "Graziani Exchange Parcel", more fully described in Exhibit `B" attached
hereto and incorporated herein by reference); and
WHEREAS,the assemblage of the Graziani Exchange Parcel with adjoining property owned
by Collier County will provide the County with property more suitable for public use; and
WHEREAS, the assemblage of the County Exchange Parcel with adjoining property owned
by the Grazianis will provide the Grazianis with property more suitable for improvement; and
WHEREAS, the County holds and possesses the County Exchange Parcel, which is not
needed for County purposes, and such property is in the best interest of the County exchanged for
the Graziani Exchange Parcel, which the County desires to acquire for County purposes; and
WHEREAS, staff has recommended that the Board of County Commissioners ("Board")
authorize the property exchange subject to the terms and conditions more fully set out in the
Property Exchange Agreement, incorporated by reference herein and attached hereto as Exhibit
"C", including that the Grazianis pay consideration of$28,000 to the County plus all costs related
to the property exchange; and
WHEREAS, to facilitate the formal adjustment of lot lines between the properties, the
Grazianis will make application and obtain approval for a required Lot Line Adjustment, pursuant
to Land Development Code section 4.03.04 B; and
WHEREAS, advertised notice of the County's intent to exchange the County Exchange
Parcel was published once a week for two weeks in a newspaper of general circulation in Collier
County, as required by Florida Statutes section 125.37 and Resolution No. 2021-243.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
[22-ECM-02761/1818159/1] Page 1 of 2
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1. All of the above recitals are true and correct and are hereby expressly incorporated herein
by reference as if set forth fully below.
2. The exchange of 1.51 acres of land on south side of Painted Leaf Lane,owned by Collier
County, described in Exhibit"A", in return for 1.69 acres of adjoining land, described in
Exhibit `B", as shown in the Exchange Before and After (incorporated by reference
herein and attached hereto as Exhibit"D"),is hereby approved and the Board's Chairman
is hereby authorized to execute any and all documents required to effectuate exchange of
property described herein.
3. The Board's Chairman or the County Manager or designee is hereby authorized to
execute any and all documents required to effectuate the related and required Lot Line
Adjustment application, at the determination of the County Manager or designee.
THIS RESOLUTION ADOPTED upon majority vote on this 13th day of February 2024.
• F 4TTEST: BOARD OF COUNTY COMMISSIONERS,
• CPystal K. Kinzel, Clerk COLLIER COUNTY, FLORIDA
By:
T f to G� Clerk Chris all, Chairman esf as
• + . w,; signature only;
Approved as to form and legality:
0
��O
Derek D. Perry
Assistant County Attorney
Attachments:
Exhibit"A"—County Exchange Parcel
Exhibit`B"—Graziani Exchange Parcel
Exhibit"C"—Property Exchange Agreement
Exhibit"D"—Exchange Before and After
[22-ECM-02761/1818159/1] Page 2 of 2
Exhibit "A"
County Exchange Parcel
[22-ECM-02761/1818159/1]
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COASTAL Exhibit A Coastal and Marine Engineering
ENGINEERIN G Environmental and Geological Services
FP CONSULTANTS 1 of 2 Land and Marine Survey and Mapping
Website: www.coastalengineering.com
INC.
PARCEL 517CONV
COLLIER COUNTY DEED TO "GRAZIANI"
LEGAL DESCRIPTION
THE WEST 364.66 FEET OF THE NORTH 180 FEET OF TRACT 109 OF GOLDEN GATE ESTATES UNIT
NO. 30 AS RECORDED IN PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51 ACRES OF LAND.
COASTAL ENGINEERING CONSULTANTS, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 2464
°.'''' yc i Digitally signed by Richard J
Ewing
DN:c=US,o=Florida,
* - dnQualifier=A01410C00000184C
=�• 3 STATE OF 4118C310004E891,cn=Richard J
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o a °".� Ewing
riveipe ° Date:2023.04.0506:36:21-04'00'
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RICHARD J. EWING, V.P.
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 21.289
DATE OF SIGNATURE:
28421 Bonita Crossings Blvd..Bonita Springs.FL 34135 1211 North Range Ave..Suite F.Denham Springs,LA
70726 Phone(239)643-2324•Fax(239)643-1143 Phone(225)523-7403
E-mail: info cicecitl.com
SERVING COASTAL COMMUNITIES SINCE 1977
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ISHEET 1 OF 1
FILE NO.: 21.289 1.4°
Exhibit "B"
Graziani Exchange Parcel
[22-ECM-02761/1818159/1]
Exhibit B
1 of 2
COASTAL Coastal and Marine Engineering
ENGINEERING Environmental and Geological Services
V.
CONSULTANTS Land and Marine Survey and Mapping
Website: vwwv.coastalengineering.com
. INC.
PARCEL 517FEE
"GRAZIANI" DEED TO COLLIER COUNTY
LEGAL DESCRIPTION
THE SOUTH 150 FEET OF TRACT 109 OF GOLDEN GATE ESTATES UNIT NO. 30 AS RECORDED IN
PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
LESS AND EXCEPT THE WEST 364.66 FEET THEREOF.
THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1.69 ACRES OF LAND.
COASTAL ENGINEERING CONSULTANTS, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 2464
;��'••''E''''••; Digitally signed by Richard J Ewing
s' - DN:c=US,o=Florida,
*/ N''295 *=
* dnQualifier=A01410C00000184C41
=o, is 18C310004E891,cn=Richard J
ESTATE OF Ewing
o••.<o N •Pa°o° Date:2023.04.05 06:36:04-04'00'
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RICHARD J. EWING, V.P.
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 21.289
DATE OF SIGNATURE:
28421 Bonita Crossings Blvd..Bonita Springs.El 34135 1211 Nonh Range Ave._Suite F.Denham Springs.LA
70726 Phone(239)643-2324•Fax i239)643-I 143 Phone(225)523-7403
E-mail:info ci cecilleom
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Exhibit "C"
Property Exchange Agreement
[22-ECM-02761/1818159/1]
C4`
Exhibit C
PROJECT: Miscellaneous No. 99999 1 Of 19
PARCELS: 517FEE & 517CONV
FOLIO: 38169800003 & 38169760004
PROPERTY EXCHANGE AGREEMENT
THIS PROPERTY EXCHANGE AGREEMENT ("Agreement") is entered into this 13tit day of
February 2024 by and between RONEN GRAZIANI AND LEEANNE GRAZIANI, husband and wife,
whose mailing address is 2861 Santa Barbara Boulevard, Naples, FL 34116-7431 (collectively, "Owner"), 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. The County owns unimproved land located on the south side of Painted Leaf Lane, more fully
described in Exhibit"A", attached hereto and incorporated herein by reference("the County Exchange Parcel").
B. Owner owns adjoining unimproved land located on the west side of Santa Barbara Boulevard,
Naples in Collier County, Florida, more fully described in Exhibit"B", attached hereto and incorporated herein
by reference ("the Graziani Exchange Parcel").
C. The County and Owner desire to exchange the County Exchange Parcel for the Graziani
Exchange Parcel; and
D. The County Exchange Parcel is not needed for County purposes and this exchange of real
property is in the best interest of the County.
NOW THEREFORE, the parties agree as follows:
1. AGREEMENT TO EXCHANGE PROPERTIES. The County hereby agrees to convey the County
Exchange Parcel to Owner, and Owner hereby agrees to convey the Graziani Exchange Parcel to the County,
on the terms and conditions set forth in this Agreement.
2. COMPENSATION. Owner shall pay the sum of$28,000 to the County at closing by bank check
as compensation for this property exchange. The closing costs shall be paid, and taxes prorated as described
below.
3. CLOSING DATE; POSSESSION.
A. Closing Date. Owner's conveyance of the Graziani Exchange Parcel to the County and the
County's simultaneous conveyance of the County Exchange Parcel to Owner(the"Closing") shall occur within
60 days of the County's receipt of all properly executed Closing Documents (defined below) or approval of the
application for a lot line adjustment (referred to in section 4.0 below), whichever is the later. 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. Owner's obligation to close shall be contingent upon Owner
having determined that, between the date that Owner 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 County Exchange Parcel or other matters previously approved by Owner. Between
the date of the parties' execution of this Agreement and the Closing, risk of loss as pertains to the County
Exchange Parcel shall be borne by the County such that, if any property damage, other than damage caused
by Owner, shall occur prior to Closing, the County shall repair and restore the County Exchange Parcel at the
County's expense. Similarly, 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 Graziani Exchange Parcel, or other matters previously approved by the County. Between the date of
[22-ECM-02761/1818156/11 Page 1 of 7
CAO
Exhibit C
2 of 19
the parties' execution of this Agreement and the Closing, risk of loss as pertains to the Graziani Exchange
Parcel shall be borne by Owner, such that, if any property damage. other than damage caused by the County.
shall occur prior to Closing, Owner shall repair and restore the Graziani Exchange Parcel at Owner's expense.
C. Possession. At Closing, Owner shall be entitled to full possession of the County Exchange
Parcel, and the County shall be entitled to full possession of the Graziani Exchange Parcel.
D. Removal of Access Points. Before closing. all access points from Owner's properties abutting
the Graziani Exchange Parcel shall be removed and discontinued at Owner's sole cost and expense, including
all paved driveways and parking areas located upon the Graziani Exchange Parcel.
4. CLOSING DOCUMENTS.
A. Owner's Closing Documents. As soon after the parties' execution of this Agreement as is
possible, Owner shall (i) provide the County with a copy of the property survey and title insurance policy for
the Graziani Exchange Parcel, if any, (ii) provide a current title commitment, together with copies of all
exceptions set forth therein, for the Graziani Exchange Parcel, (iii)provide the County with a new survey of the
Graziani Exchange Parcel assembled with the County-owned property that abuts the north side of the Graziani
Exchange Parcel, and (iv) deliver the following documents to the County, properly executed and in a form
approved by the Collier County Attorney's Office (the"Owner's Closing Documents"):
(a) Warranty Deed for the Graziani Exchange Parcel;
(b) Closing Statement;
(c) Affidavit of Title pertaining to the Graziani Exchange Parcel;
(f) A Satisfaction, Release, or Termination from the holder of each mortgage or other lien
open of record encumbering the Graziani Exchange Parcel;
(g) Termination of any leases or rental agreements that encumber the Graziani Exchange
Parcel;
(h) Termination or vacation of any existing easement that encumbers the Graziani Exchange
Parcel, if required by the County;
(i) Declaration of Covenants (referred to in section 8.B below); and
(i) Such other documents as the County or title company deems necessary or appropriate to
clear title to the Graziani Exchange Parcel.
B. County's Closinq Documents. At Closing, the County shall deliver the following closing
documents to Owner, properly executed and in a form approved by the Collier County Attorney's Office (the
"County's Closing Documents"):
(a) Deed (Sec. 125.411, Florida Statutes)for the County Exchange Parcel;
(b) Closing Statement; and
(c) Such other documents as Owner or the title company deems necessary or appropriate to
clear title to the County Exchange Parcel provided the County shall not be required to
provide a title commitment for the County Exchange Parcel.
C. Lot Line Adjustment. Before Closing and within 90 days of the effective date of this agreement,
the Owner shall make application and receive approval for a Lot Line Adjustment, pursuant to Collier County
Land Development Code section 4.03.04 B. The County hereby designates its County Manager or designee
to help effectuate said application in its capacity as property owner and authorizes its County Manager or
designee to sign any paperwork effectuating said application. This agreement shall be null and void ab initio
if the application for a Lot Line Adjustment is not approved and neither party shall have any further claim
against the other.
D. Additional Closing Documents. Following the Closing, the parties shall execute any and all
additional documents as may be requested by Owner, the County, or title company to correct clerical errors,
clear title, or otherwise carry out the intent of the parties.
5. CLOSING COSTS AND DEDUCTIONS.
[22-ECM-02761/1818156/1] Page 2 of 7 rTh,
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Exhibit C
3 of 19
A. Owner's Closing Costs. At Closing, Owner shall pay (i) all recording fees to record the
conveyance instruments and any affidavit, trust certification, release, lot line adjustment instruments and/or
affidavits,or curative documents required to clear title to the Graziani Exchange Parcel or the County Exchange
Parcel; (ii) any state documentary stamp taxes due on any conveyance instrument for the Graziani Exchange
Parcel and the County Exchange Parcel in accordance with Section 201.01, Florida Statutes; (iii) all amounts
required to pay in full any and all outstanding mortgages and other liens on the Graziani Exchange Parcel; (iv)
all termination fees, processing fees and/or other charges as may be required in order to obtain a satisfaction,
release,or termination from the holder of each mortgage or other lien open of record on the Graziani Exchange
Parcel;(v)all ad valorem and non-ad valorem taxes and assessments that are due and payable on the Graziani
Exchange Parcel: (vi) title commitment and owner's title insurance policy on the County Exchange Parcel, if
obtained; (vii) title commitment and owner's title insurance policy on the Graziani Exchange Parcel; (vi) all
costs associated with applying for and receiving approval for a Lot Line Adjustment, per section 4.0 of this
Agreement; and (ix)attorney's fees and costs for Owner's attorney.
B. County's Closing Costs. At Closing, the County shall pay all assessments that are due and
payable on the County Exchange Parcel.
C. Prorations. At Closing, ad valorem taxes shall be prorated as of the date of Closing. with the
County entitled to the date of Closing, based upon the most current assessment available, without discount.
provided that if the current year's tax bill is not yet available, but a TRIM Notice has been issued, the ad-
valorem taxes shall be prorated based upon the amount set forth therein.
6. COST OF ADVERTISEMENT AND CONTINGENCY. Owner shall pay the full cost of publishing,
once a week for two consecutive weeks in a newspaper of general circulation published in the County, a notice
setting forth the terms and conditions of this exchange of property in compliance with Section 125.37, Florida
Statutes. If objections are made following such publication that justify the County, in its sole and absolute
discretion, not proceeding with this Agreement, then the Agreement shall be null and void ab inifio and neither
party shall have any further claim against the other.
7. INSPECTIONS.
A. Inspections. Following the date of the parties' execution of this Agreement. Owner shall have
the right, at its sole cost and expense, to conduct whatever investigations and inspections of the County
Exchange Parcel that it deems appropriate, including without limitation, a title examination, property survey,
appraisal, environmental assessments, engineering studies, soil borings, determination of compliance of the
County Exchange Parcel with applicable laws, and the like. The County shall provide Owner with reasonable
access to the County Exchange Parcel to conduct on-site inspections. Owner shall promptly repair any
damage to the County Exchange Parcel caused by such on-site inspections. Likewise, 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 Graziani Exchange Parcel that it deems appropriate,
including without limitation, a title examination, property survey, appraisal, environmental assessments,
engineering studies, soil borings, determination of compliance of the Graziani Exchange Parcel with applicable
laws, and the like. Owner shall provide the County with reasonable access to the Graziani Exchange Parcel
to conduct on-site inspections. The County shall promptly repair any damage to the Graziani Exchange Parcel
caused by such on-site inspections.
B. Right to Terminate. Notwithstanding anything in this Agreement to the contrary, Owner's
obligations under this Agreement to acquire the County Exchange Parcel are contingent upon Owner's
satisfaction with the County Exchange Parcel, including. without limitation, as revealed by its investigations
and inspections as set forth herein. If, prior to the Closing, Owner identifies any objectionable matters and
determines that such objections cannot be resolved to its satisfaction through reasonable diligence, within a
reasonable period of time, and at a reasonable cost, Owner shall have the right to terminate this Agreement
by written notice to the County, whereupon neither party shall thereafter have any rights or obligations under
this Agreement. Owner may. but shall not be required to, provide the County with an opportunity to rectify
such objections. Likewise, notwithstanding anything in this Agreement to the contrary,the County's obligations
under this Agreement to acquire the Graziani Exchange Parcel are contingent upon the County's satisfaction
with the Graziani Exchange Parcel, including, without limitation, as revealed by its 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 its satisfaction through reasonable diligence, within a
[22-ECM-02761/1818156/1] Page 3 of 7
0
Exhibit C
4 of 19
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 Owner, whereupon neither party
shall thereafter have any rights or obligations under this Agreement. The County may, but shall not be required
to, provide Owner with an opportunity to rectify such objections.
8. SPECIAL CONDITIONS.
A. Future Use of County-Owned Property. Owner recognizes and acknowledges that this
exchange of property benefits the Owner in that the exchange of property will result in Owner owning property
with an improved location and configuration Owner further recognizes and acknowledges that the Agreement
is in the best interest of the County, as required by section 125.37, Florida Statutes, inter alia because this
exchange of property will result in the County owning a property with a superior configuration that will potentially
allow future uses that may not have been practical, feasible or possible for the County-owned property as
currently configured. Accordingly, the Owner warrants, represents and undertakes that the Owner will not
object to any application for an amendment to the Collier County Growth Management Plan or for a rezoning
of the County's property as configured after this exchange of property to permit a future use in the County's
sole discretion. Additionally, Owner hereby waives any claim that it may have for damages or other
compensation arising from any future use by the County of the County-owned property as configured after this
property exchange.
B. "Run with the Land". The provisions of this Section 8 establish a valid and enforceable
covenant running with the land and, in particular, with all property owned by Owner adjacent to the County-
owned property as configured after this exchange of property. Owner hereby acknowledges that the benefits
to Owner specified in section 8.A above benefit, touch and are adjacent to all of Owner's aforementioned
adjacent properties. This Declaration shall constitute covenants. conditions and restrictions that shall run with
the land, inure to the benefit of the County and the County Property and shall be binding upon all of Owner's
aforementioned adjacent properties and every person or entity having any interest therein or any part thereof
at any time and from time to time. Immediately after the closing, a Declaration of Covenants in substantial
conformance with Exhibit"C", attached hereto and incorporated herein by reference. shall be recorded in the
Public Records of Collier County and the cost of such recording shall be borne by the Owner.
9. OWNER'S REPRESENTATIONS AND WARRANTIES. Owner makes the following
representations and warranties on the date of Owner's execution of this Agreement, and shall be deemed to
have repeated same at Closing:
(a) Owner is the sole owner of fee simple title to the Graziani Exchange Parcel and has full right,
power, and authority to own and operate the Graziani Exchange Parcel, to execute this
Agreement, and to fulfill Owner's obligations under this Agreement and the Owner's Closing
Documents.
(b) No tenant or other party has any right or option to acquire the Graziani Exchange Parcel or to
occupy the Graziani Exchange Parcel.
(c) Owner's title to the Graziani Exchange Parcel is free and clear of all mortgages and other liens
and encumbrances, except as may be disclosed in the title commitment obtained or to be
obtained prior to the Closing.
(d) Between the date of Owner's execution of this Agreement and the Closing, Owner shall not do
anything to encumber the title to the Graziani Exchange Parcel, or convey the Graziani
Exchange Parcel to a third party, or grant to any third party any rights of any kind with respect
to the Graziani Exchange Parcel, or do anything to change, or permit to be changed,the physical
condition of the Graziani Exchange Parcel,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 Graziani Exchange Parcel shall remain in effect as to the Graziani
Exchange Parcel following the Closing,
[22-ECM-02761/1818156/1] Page 4 of 7 0'0
Exhibit C
5 of 19
(f) There are no governmental proceedings or investigations of any kind, formal or informal, civil or
criminal, pending or threatened, that may affect the Graziani Exchange Parcel or adversely
affect Owner's ability to perform Owner's obligations under this Agreement.
(g) The Graziani Exchange Parcel 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
Graziani Exchange Parcel, nor is there any lawsuit,proceeding,or investigation regarding same;
the Graziani Exchange Parcel has never been used as a landfill, and there are no underground
storage tanks on the Graziani Exchange Parcel; there has been no spill, contamination, or
violation of environmental laws pertaining to any contiguous property; and Owner has not
received notice and otherwise has no knowledge of any existing or threatened environmental
lien against the Graziani Exchange Parcel.
(h) Owner has not utilized a real estate broker or agent in connection with Owner's conveyance of
the Graziani Exchange Parcel to the County and no real estate sales commission is due.
10. COUNTY'S REPRESENTATIONS AND WARRANTIES. The County makes the following
representations and warranties on the date of the County's execution of this Agreement, and shall be deemed
to have repeated same at Closing:
(a) The County is the sole owner of fee simple title to the County Exchange Parcel and has full right,
power, and authority to own and operate the County Exchange Parcel, to execute this
Agreement,and to fulfill the County's obligations under this Agreement and the County's Closing
Documents.
(b) No tenant or other party has any right or option to acquire the County Exchange Parcel or to
occupy the County Exchange Parcel.
(c) The County's title to the County Exchange Parcel is free and clear of all mortgages and other
liens and encumbrances, except as may be disclosed in the title commitment obtained or to be
obtained prior to the Closing.
(d) Between the date of the County's execution of this Agreement and the Closing, the County shall
not do anything to encumber the title to the County Exchange Parcel, or convey the County
Exchange Parcel to a third party, or grant to any third party any rights of any kind with respect
to the County Exchange Parcel, or do anything to change. or permit to be changed, the physical
condition of the County Exchange Parcel, without in each instance obtaining, without in each
instance obtaining Owner's prior written consent, which may be granted or withheld in Owner's
sole discretion.
(e) No maintenance,construction,advertising, management, leasing, employment, service,or other
contracts affecting the County Exchange Parcel 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 County Exchange Parcel or adversely affect
the County's ability to perform the County's obligations under this Agreement.
(g) The County Exchange Parcel 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
County Exchange Parcel, nor is there any lawsuit, proceeding. or investigation regarding same;
the County Exchange Parcel has never been used as a landfill, and there are no underground
storage tanks on the County Exchange Parcel; there has been no spill, contamination, or
violation of environmental laws pertaining to any contiguous property; and the County has not
received notice and otherwise has no knowledge of any existing or threatened environmental
lien against the County Exchange Parcel.
[22-ECM-02761/1818156/1] Page 5 of 7 Ova
Exhibit C
6 of 19
(h) The County has not utilized a real estate broker or agent in connection with the County's
conveyance of the County Exchange Parcel to Owner and no real estate sales commission is
due.
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. Owner shall indemnify, defend, and hold the County harmless from and against all claims and
actions asserted against, 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) Owner's
representations and warranties in this Agreement, or in any of the Closing Documents, if untrue; or(ii)Owner's
failure to perform any of Owner's obligations under this Agreement, irrespective of whether the County delivers
a written notice of default to Owner.
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 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.
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, representations, warranties, and 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.
[22-ECM-02761/1818156/1] Page 6 of 7 Q
U
Exhibit C
7 of 19
IN WITNESS WHEREOF, the parties have executed this Agreement on the Udleb uiurualea oeiow,
effective as of the later of such dates.
Date: a.%C1-; i ,!' , 2023 OWNER:
RV � CA-4-Qill\.\ouv\i‘
NEN GRAZIANI `
` tom -- ;11 ,tee,
LEEANNE GRAZIANI
Date: Feb., 13th , 2024 THE COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court & Comptroller COLLIER COUNTY, FLORIDA
By: By:
,Deputy Clerk Chris Hall, Chairman
Approved as to form and legality:
el
t ,
Derek D. Perry ;N !�(i
Assistant County Attorney ti ) V
`ti ° `A
\V"I 0 '
\`
[22-ECM-02761/1818156/1] Page 7 of 7
_
Exhibit C
8 of 19
COASTAL Exhibit A Coastal and Marine Engineering
ENGINEERING Environmental and Geological Services
pi CONSULTANTS 1 of 2 Land and Marine Survey and Mapping
Website. www.coastalengineering.com
INC.
PARCEL S17CONV
COLLIER COUNTY DEED TO "GRAZIANI"
LEGAL DESCRIPTION
THE WEST 364.66 FEET OF THE NORTH 180 FEET OF TRACT 109 OF GOLDEN GATE ESTATES UNIT
NO. 30 AS RECORDED IN PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51 ACRES OF LAND.
COASTAL ENGINEERING CONSULTANTS, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 2464
,,c�T i ,4+ Digitally signed by Richard J
r'e;', ss: ; Ewing
art w..ans ;:% DN:c=US,o Florida.
* dnOualifier=A01410000000184C
ar�ie or = 4118C310004E891,cn-Rrehard
-'S'u'•.. 'dT: Ewie"'o [�e+ •,.,�4D' Date 2023.04.0506:36:21-04'00'
RICHARD J. EWING, V.P.
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 21.289
DATE OF SIGNATURE:
28421 Bonita Crossings Bl%J.Bonita Springs.Ft 34135 1211 North Range Ave.Suite E.Denham Springs.LA
10726 Phone(234+1(43-2324.1-as(239)(43-114 3 Phone(2251 523-7403
t'-mart info aecci(torn
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Exhibit C
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PARCEL 517FEE
"GRAI|AN|^ DEED TO COLLIER COUNTY
LEGAL DESCRIPTION
THE SOUTH 150 FEET OF TRACT 109 OF GOLDEN GATE ESTATES UNIT NO. 30 AS RECORDED IN
PLAT BOOK 7' PAGE SOOF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
LESS AND EX[EPTTHE WEST 364.66 FEET THEREOF.
THE ABOVE DESCRIBES 73'4O7 SQUARE FEET OR1.69 ACRES OFLAND.
COASTAL ENGINEERING CONSULTANTS, INC.
FLORIDA BUSINESS AUTHORIZATION NO. L8Z464
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Digitally signed uv Richard/Ewing
uw.c~uso~p/orma,
a"oua/.my~x014l0c00000l84C4l
180oom4E891.m~mchard J
.4 Ewing
Date:2023.04u ��-04'm
R|[HARD1 BN|NG' V.P.
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND �
THE ORIGINAL RAISED SEAL OFAFLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 21289
DATE OFSIGNATURE:
2mo Bonita r=�snw^m.0 Bonita^pr.u:^,n /4 1135 o1/ w"nhRange..\v=.xm��.ca,mxmsvvm�.|x
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Exhibit C
12 of 19
EXHIBIT "C"
[of the Property Exchange Agreement,
Exhibit "C" of the Board Resolution]
Declaration of Restrictive Covenants
b
0
Exhibit C
13 of 19
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF COVENANTS (hereinafter "Declaration") is made this _ day of
2023 by RONEN GRAZIANI AND LEEANNE GRAZIANI, husband and wife, whose
mailing address is 2861 Santa Barbara Boulevard, Naples, FL 34116-7431 (collectively, "Owner")
RECITALS:
A. Collier County, a political subdivision of the State of Florida (hereinafter, "the County") and Owner
have entered into a written property exchange agreement dated ("the Agreement").
B. The Agreement provides for an of exchange of property that will result in: 1)the County owning the
property legally described in Exhibit"A", attached hereto and incorporated herein by reference("the County
Property"), and 2) Owner owning the property legally described in Exhibit "B", attached hereto and
incorporated herein by reference.
C. Owner presently owns the property legally described in Exhibit "C", attached hereto and
incorporated herein by reference. (The properties described in Exhibits "B" and "C" are hereinafter
collectively referred to as"Owner's Property")
D. The Agreement includes the covenants referenced in section 3 below and requires that this
Declaration be recorded in the Public Records of Collier County, Florida.
NOW, THEREFORE, to induce the County to enter into the Agreement and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Owner agrees and declares
as follows:
1. The foregoing recitals are true and correct and are incorporated herein by reference.
2. Owner recognizes and acknowledges that the Agreement benefits the Owner in that the
exchange of property will result in Owner owning property with an improved location and configuration.
Owner further recognizes and acknowledges that the Agreement is in the best interest of the County, as
required by section 125.37, Florida Statutes, inter alia because the exchange of property provided for
therein will result in the County owning property with a superior configuration that will potentially allow future
uses that may not have been practical, feasible or possible for the County-owned property as currently
configured.
A. Accordingly, Owner warrants, represents and undertakes that Owner will not object
to any application for an amendment to the Collier County Growth Management Plan
or for a rezoning of the County Property to permit a future use in the County's sole
discretion.
B. Additionally, Owner hereby waives any claim that it may have for damages or other
compensation arising from any future use of the County Property.
3. This Declaration establishes a valid and enforceable covenant running with the Owner's
Property (Exhibits"B' and "C"). Owner hereby acknowledges that the benefits of the exchange of property
to the Owner(specified in the Agreement and in section 2 above)benefit,touch and are adjacent to Owner's
Property. This Declaration shall constitute covenants,conditions and restrictions that shall run with
the land, inure to the benefit of the County and the County Property and shall be binding upon
Owner's Property and every person or entity having any interest therein or any part thereof at any
time and from time to time.
4. In order to ensure its perpetual nature, this Declaration shall be recorded in the Public
Records of Collier County, Florida and Owner shall reference these covenants, conditions and restrictions
in any subsequent lease or deed of conveyance of Owner's Property or any part thereof, including the
recording book and page of record of this Declaration. Furthermore, prior to the entry into a landlord-tenant
[22-ECM-02761/1818158/1] Page 1 of 2
Exhibit C
14 of 19
relationship with respect to Owner's Property or any part thereof, Owner agrees to notify in writing all
proposed tenants of Owner's Property of the existence and contents of this Declaration.
5. If any provision of this Declaration is held to be invalid by any court of competent
jurisdiction, the invalidity of that provision shall not affect the validity of any other provisions of the
Declaration.All such other provisions shall continue unimpaired in full force and effect.
IN WITNESS WHEREOF, Owner has executed this Declaration of Covenants as of the date first
above written.
Date: I t' L .5 , 2023 OWNER:
RONEN GRAZIANI
t e.� •
LEEANNE GRAZIANI
STATE OF FLORIDA
COUNTY OF i.y j1 ICY
The fo e oing Declaratiori of Covenants was acknowledged before me by means of physical
presence this , jhday of (`Cie DC{— 2023, by RONEN GRAZIANI AND LEEANNE GRAZIANI,
husband and wife, who:
are personally known to me;
OR
produced Era driver's license, OR ❑ as identification.
„sir 4:', JENNIFER MCCA=:REv I 61u.\11 t/
.1; Notary outriic•State of Fiona I Sig afure of Notary Public
4 , ': Commission a i1 165859
4 My Comm.Expires Aug 17.2025 I j ' u 'I Fb it i CC.0 f II(el
Printed Name ice''' ��Serial/Commission (if any): rv', �
(affix notarial seal above) My Commission Expires: O Z h ►`i j U
Date: , 2023 THE COUNTY:
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court&Comptroller COLLIER COUNTY, FLORIDA
By: By:
,Deputy Clerk Rick LoCastro, Chairman
Approved as to form and legality:
f\
r
Derek D. Perry �r7
Assistant County Attorney t �`�\
\i
(22-ECM-02761/1818158/1] Page 2 of 2
Exhibit C
15 of 19
COASTAL Exhibit A Coastal and Marine Engineering
ENGINEERING Environmental and Geological Services
PPP CONSULTANTS 1 of 2 Land and Marine Survey and Mapping
INC. Website. www.coastalengineering.com
PARCEL 517CONV
COLLIER COUNTY DEED TO"GRAZIANI"
LEGAL DESCRIPTION
THE WEST 364.66 FEET OF THE NORTH 180 FEET OF TRACT 109 OF GOLDEN GATE ESTATES UNIT
NO. 30 AS RECORDED IN PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
THE ABOVE DESCRIBES 65,639 SQUARE FEET OR 1.51 ACRES OF LAND.
COASTAL ENGINEERING CONSULTANTS, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 2464
wl''�.MA ry°ti Digitally signed by Richard J
;'e. a..o; Ewing
c+, "°•"" '• ': ON:c=US,o=Florida,
* ' dnQualifier=A0 1 4 1 0000000 1 84C
°�'• stator 5 4118C310004EB91,cn=Richard)
�u�'•'' o.,,, / Ewing
Date:2023.04.05 06:36:21-04'00'
RICHARD J. EWING,V.P.
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 21.289
DATE OF SIGNATURE:
234_'.I Roma( r,t.;im ti Blvd Bonita Springs,FI 7i41 1211 North Range Ave.Suite l .D,nham Springs.I A
1 Phone 12_2>l 523-7403
ii72ft Phonel_'+r)G-I+-?�)a�la�(_':')1G-1�-I11+
I-man.info a ceenhann
SERVING COASTAL.COMMUNITIES SINCE 1977
1
Exhibit C
16'o' 19
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Exhibit C
Exhibit B 17 of 19
1 of 2
COASTAL Coastal and Marine Engineering
po ENGINEERING Environmental and Geological Services
CONSULTANTS Land and Marine Survey and Mapping
Website: www.coastalengineering.com
INC.
PARCEL 517FEE
"GRAZIANI" DEED TO COLLIER COUNTY
LEGAL DESCRIPTION
THE SOUTH 150 FEET OF TRACT 109 OF GOLDEN GATE ESTATES UNIT NO. 30 AS RECORDED IN
PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
LESS AND EXCEPT THE WEST 364.66 FEET THEREOF.
THE ABOVE DESCRIBES 73,407 SQUARE FEET OR 1.69 ACRES OF LAND.
COASTAL ENGINEERING CONSULTANTS, INC.
FLORIDA BUSINESS AUTHORIZATION NO. LB 2464
N••`.`!�'i Digitally signed by Richard 1 Ewing
. No ei» , DN:a=US,o=Fbrida,
* dnQualifier=A01410C00000184C41
.1 rt 18C310004E891,cn=Richardl
gyp•, 4TA'E Of
;a,. °i; Ewing
Date:2023.04.05 06:36:04-04'00'
RICHARD J. EWING, V.P.
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 5295
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CEC FILE NO. 21.289
DATE OF SIGNATURE:
24-12 Bonita C•r.:•ons's BIei Bonita Sprints.I'I 34115 1211 North Range \ve.Suite 1' Iknhans Spring,.I_A
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1-mail intoirsjctll coin
SERVING COASTAL. COMMUNITIES SINCE 1977
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19 of 19
EXHIBIT "C"
The North 150 feet of Tract 110, GOLDEN GATE
ESTATES, Unit No. 30, according to the plat thereof
recorded in Plat Book 7, Page 58, in the Public Records of
Collier County, Florida.
Parcel No. 38169880007
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Exhibit "D"
Exchange Before and After
[22-ECM-02761/1818159/1]
PROPERTIES BEFORE EXCHANGE
. Painted Leaf Lane r $ - '
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. Aim PROPERTIES AFTER EXCHANGE
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