Agenda 08/27/2024 Item #16B 1 (Agreement for the purchase of a parcel (Parcel 542FEE) - Project No. 60212.5)08/27/2024
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for the purchase of a parcel (Parcel 542FEE) required for the
62nd Ave NE Bridge Project (Project No. 60212). Estimated Fiscal Impact: $112,000.
_____________________________________________________________________________________
OBJECTIVE: To acquire a parcel needed for the 62nd Ave NE Bridge Project (the “Project”), which will reduce
traffic congestion and improve connectivity by constructing a bridge over the Golden Gate Main Canal and
extending 40th Street NE to 62nd Ave NE.
CONSIDERATIONS: Collier County is seeking to purchase a fee simple parcel (Parcel 542FEE) which is needed
for the Project. The unimproved tract, owned by Sibila Land Holdings, LLC, is located at the north side of 62 nd
Ave NE, approximately 820 feet east of the Faka Union Canal. The parcel is 1.14 acres in extent, rectangular in
shape, and is needed to connect 40th Street NE with 62nd Avenue NE.
The attached appraisal report prepared by Collier County Review Appraiser, Lisa Barfield, dated June 24, 2024,
estimates the full total compensation amount for Parcel 542FEE to be $96,600. Collier County staff has negotiated
a purchase price of $110,000, including all costs and attorney fees, pending approval by the Board of County
Commissioners (the “Board”). If the parcel is not acquired by negotiation, it will have to be condemned. Should
condemnation become necessary, the County will be required to pay attorney fees and expert witness fees
according to sections 73.091 and 73.092, Florida Statutes, plus other expenses related to condemnation.
Moreover, acquiring this property now, while it remains undeveloped, will greatly reduce acquisition costs. Staff
accordingly recommends that the Board approve the Agreement, as a better result is not expected if Parcel 542FEE
is condemned.
The infrastructure sales tax was approved by the voters in 2018. Exhibit A in County Ordinance 2018 -21 lists all
applicable projects that can be funded from this sales tax. Originally, the “Eleven New Bridge Project” was listed
within the Transportation Category with an allocation of $60M. With the Board’s approval of the Bridge Study
recommendation, on September 2, 2021 (Agenda Item 8.A.1), the Infrastructure Sales Tax Committee validated
five Bridges (47th Ave NE, 13th St. NW, Wilson Blvd. S, 10th Ave. SE, and 62nd Ave. NE) of the “11 New Bridges
- Golden Gate Estates”, in the amount of $29,900,000.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective
transportation system to reduce traffic congestion and improve the mobility of our residents and visitors.
FISCAL IMPACT: Funds in the amount of $112,000 will be required, being the negotiated compensation amount
of $110,000, and estimated closing and recording fees not to exceed $2,000. The source of funding for the
acquisition of right-of-way is the Infrastructure Sales Tax Fund (3018), 62nd Ave NE Bridge Project (60212). No
maintenance costs are anticipated until such time as the Project is constructed.
GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the Long-Range Transportation
Plan and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the
major roadway system at an acceptable Level of Service.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney’s Office. If the County
needs to acquire Parcel 542FEE by eminent domain, the costs of acquisition will be significantly greater than the
proposed compensation and could lead to substantial project delays and costs. With that noted, this item is
approved as to form and legality and requires majority vote for approval. -DDP
RECOMMENDATION:
. Approve the attached Agreement and authorize the Chairman to execute same on behalf of the Board;
. Accept the conveyance of Parcel 542FEE and authorize the County Manager, or her designee, to record the
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08/27/2024
conveyance instrument in the public records of Collier County, Florida;
. Authorize the payment of all costs and expenses that Collier County is required to pay under the terms of the
Agreement to close the transaction; and
. Authorize the County Manager or her designee to take the necessary measures to ensure the County’s
performance in accordance with the terms and conditions of the Agreement.
Prepared By: Ronald Thomas, Property Acquisition Specialist I, Right -of-Way Acquisition, Transportation
Engineering Division.
ATTACHMENT(S)
1. Aerial Exhibit - 542FEE (PDF)
2. Appraisal Silba 60212 542FEE DOV 24 June 2024 (PDF)
3. Agreement - 542FEE (PDF)
4. Checklist 5 New Golden Gate Bridges Project Validated - 2021_09_22 Signed (PDF)
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08/27/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.1
Doc ID: 29367
Item Summary: Recommendation to approve an Agreement for the purchase of a parcel (Parcel 542FEE) required
for the 62nd Ave NE Bridge Project (Project No. 60212.5). Estimated Fiscal Impact: $112,000.
Meeting Date: 08/27/2024
Prepared by:
Title: Property Aquisition Specialist I – Transportation Engineering
Name: Ronald Thomas
07/10/2024 7:32 AM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
07/10/2024 7:32 AM
Approved By:
Review:
Transportation Engineering Robert Bosch TMSD Reviewer Completed 07/10/2024 8:04 AM
Transportation Management Services Department Jeanne Marcella Transportation Management Services
Department Completed 07/10/2024 9:00 AM
Transportation Engineering Ragaey Girgis TMSD Reviewer Completed 07/10/2024 11:05 AM
Transportation Engineering Marlene Messam Other Reviewer Completed 07/12/2024 11:09 AM
Transportation Engineering Jay Ahmad TMSD Reviewer Completed 07/15/2024 7:33 AM
Road Maintenance Marshal Miller TMSD Reviewer Completed 07/15/2024 12:58 PM
Transportation Engineering Lisa Taylor TMSD Reviewer Completed 07/22/2024 3:09 PM
Transportation Management Operations Support Tara Castillo TMSD Reviewer Completed
07/22/2024 4:56 PM
Road Maintenance Ellen Sheffey TMSD Reviewer Completed 07/23/2024 11:53 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 07/25/2024 9:20 AM
Transportation Management Services Department Trinity Scott Transportation Completed
07/26/2024 1:43 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/26/2024 3:33 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/29/2024 8:56 AM
Community & Human Services Maggie Lopez OMB Reviewer Completed 07/30/2024 1:22 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 08/07/2024 11:57 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 08/27/2024 9:00 AM
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AERIAL – PARCEL 542FEE
(62nd Ave NE Bridge Project No. 60212.5)
64th Ave NE
62nd Ave NE
PARCEL 542FEE
/
FAKA UNION CANAL 40th St NE Proposed
40th St NE
Extension
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Packet Pg. 406 Attachment: Aerial Exhibit - 542FEE (29367 : 99999-542FEE Sibila (62nd Ave NE Bridge))
SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
PROJECT NAME: Project # 60212.5, 62nd Ave NE Bridge
CLIENT: Collier County ROW Acquisition, Transportation Engineering
SUBJECT PROPERTY IDENTIFICATION:
Parcel Reference: 99999-542FEE
Legal Descriptions: GOLDEN GATE EST UNIT 40 E 75FT OF W
180FT OF TR 40 (OR 2026 PG 1095)
Tax Folio #s: 38722880004
Owner: SIBILA LAND HOLDINGS LLC
Property Rights Being Valued: Fee simple estate.
Last Property Transfers: 01/01/2020
DESCRIPTION OF SUBJECT PROPERTY: The subject property consists of 1.14-acres (75 ft x 660 ft) of level, wooded land. The property has 75 ft
of road frontage on 62nd Ave NE and is unimproved. The subject property is located in the Golden Gate Estates area of greater Naples.
INTENDED USE OF THE APPRAISAL: The 62nd Ave NE Bridge Project will reduce traffic congestion and improve connectivity in Rural Golden
Gate Estates by constructing a bridge over the Golden Gate Main Canal and extending 40th Street NE to 62nd Ave NE This subject property is
located approximately 500 feet east of the 40th St NE. The subject property will be used to connect 40th Street NE with 62nd Avenue NE. This
valuation will be used to determine the market value of the subject property and to negotiate a proposed purchase price.
MARKET VALUE DEFINED: The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed
terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale,
with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress.
SCOPE OF WORK: To estimate market value of real property interest using the sales comparison approach. Complete cost or income approaches
only if necessary for credible assignment results. Analyze data collected through public records of Collier County, and the Naples Area Board of
REALTOR® Multiple Listing Service.
HYPOTHETICAL CONDITIONS AND EXTRAORDINARY ASSUMPTIONS:
Hypothetical Conditions: None.
Extraordinary Assumptions: The appraiser did not inspect the subject property on the date of value. The appraiser is relying on information
obtained through local MLS Data and public records of Collier County. An informal wetlands determination report for this property was not available.
It is assumed for the purposes of this valuation that the subject property can be developed without permits from the Florida Department of
Environmental Protection and US Army Corps of Engineers.
Limiting Conditions:
The information and opinions contained in this appraisal set forth the appraiser’s best judgment in light of the information available at the time of the
preparation of this report.
This appraisal was prepared for and is the property of Collier County Board of Commissioners. Reliance upon the appraisal for other uses is
prohibited.
PROPERTY HISTORY (AGREEMENTS OF SALE, OPTIONS, OR LISTINGS WITHIN 3 YEARS OF THE EFFECTIVE DATE): None.
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Packet Pg. 407 Attachment: Appraisal Silba 60212 542FEE DOV 24 June 2024 (29367 : 99999-542FEE Sibila (62nd Ave NE Bridge))
SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
Page 2
PRESENT ZONING: E-Estates FUTURE LAND USE: Estates-Residential
HIGHEST AND BEST USE: Based upon an analysis of the subject property and its environs (with consideration given to zoning, physical aspects of
the subject property, economic/market trends) the maximally productive use of the subject property would be for Estates-type single-family
development.
THE SALES COMPARISON APPROACH TO VALUE: Recent sales of properties generally similar to the subject are identified and compared to the
subject. Using the elements of comparison, the comparable properties’ sales prices are adjusted to produce value indications. The reconciliation of
these value indications is used to provide an estimate of a single value indication or a range of values.
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS: The following sales involve single-family homes located in
the Golden Gate Estates area. These sales are used to estimate the value of the subject property using the Sales Comparison Approach:
1. 68th Ave NE, Naples (Folio #38903360000) Sale Price: $92,000 Sale Date: 3/2024
2. 41st Ave NE, Naples (Folio #39772680004) Sale Price: $97,000 Sale Date: 3/2024
3. 47th Ave NE, Naples (Folio #39715920006) Sale Price: $97,000 Sale Date: 1/2024
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS
Sale #1 is a 1.14-acre Estates zoned parcel located on the north side of 68th Ave NE in the Golden Gate Estates area of greater Naples. It is an
unimproved cleared site without any usable vegetation for landscaping. Normal topographical conditions for the area. The sales price reflects an
underlying land value of $80,700/acre. The lot has similar frontage on a rural road and is considered overall similar in condition.
Sale #2 is a 1.14-acre Estates zoned parcel located on the south side of 41st Ave NE in the Golden Gate Estates area of greater Naples. It is an
unimproved heavily wooded site. Normal topographical condition for the area. The sales price reflects an underlying land value of $85,100/acre. The
lot has similar frontage on a rural road and is similar in condition.
Sale #3 is a 1.14-acre Estates zoned parcel located on the north side of 47th Ave NE in the Golden Gate Estates area of greater Naples. It is an
unimproved heavily wooded site. Normal topographical condition for the area. The sales price reflects an underlying land value of $85,100/acre. The
lot has similar frontage on a rural road and is similar in condition.
The sales cited show an underlying land value range of $80,700 to $85,100. The average unit price, $83,600/acre. Comparable 2 and 3 are
weighted more than comparable 1 in the subject reconciliation because they are more similar to the subject. The land of the subject property is valued
at $84,700/acre x 1.14 acres or $96,600.
DATE OF VALUE: 06/24/2024 REPORT DATE: 06/24/2024
MARKET VALUE ESTIMATE: $96,600
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Packet Pg. 408 Attachment: Appraisal Silba 60212 542FEE DOV 24 June 2024 (29367 : 99999-542FEE Sibila (62nd Ave NE Bridge))
SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
Page 3
CERTIFICATE OF APPRAISAL
I hereby certify that, to the best of my knowledge and belief, . . .
• The statements of fact contained in this report are true and correct.
• The reported analysis, opinions, and conclusions are limited only by the reported assumptions and limiting conditions,
and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
• I have no present or prospective interest in the property that is the subject of this report. I am a full-time employee of
the Collier County Board of County Commissioners. However, my employment is not contingent on advocating for
Collier County
• I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this
report within the three-year period immediately preceding the agreement to perform this assignment.
• My engagement in the assignment was not contingent upon developing or reporting predetermined results.
• My compensation (neither salary nor bonus) is not contingent upon the reporting of a predetermined value or
direction in value that favors the cause of my employer, the amount of the value estimate, the attainment of a
stipulated result, or the occurrence of a subsequent event.
• My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the
Uniform Standards of Professional Appraisal Practice.
• An inspection of the subject property was not done.
• No one provided significant real property appraisal assistance to the person signing this certification.
_______________________
Lisa Barfield
Cert. Gen. RZ 2862
Review Appraiser
ROW Acquisition
Transportation Engineering Division
Collier County, Florida
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Packet Pg. 409 Attachment: Appraisal Silba 60212 542FEE DOV 24 June 2024 (29367 : 99999-542FEE Sibila (62nd Ave NE Bridge))BarfieldLisa Digitally signed by BarfieldLisa
Date: 2024.06.24 11:26:24
-04'00'
PROJECT: 99999-Miscellaneous
PARCEL: 542FEE
FOL|O 38722880004
PURCHASE AND SALE AGREEMENT
(vacant land)
THIS PURCHASE ANO SALE AGREEMENT ("Agreement') is ent3red rnto this
-
day of
2024 by and between SIBILA LAND HOLDINGS, LLC. a Florida linlited liabrlity company, whose
mailing address is 232 Andalusia Avenue, Suite 230. Coral Gables. FL 33134 ("Sellet"), and COLLIER
COUNTY. a polrtrcal subdryision of the State of Flonda, vrhose mailing address is 3299 Tamiami Trail East, cJo
County Anorney s Office, Surte 800. Naples, FL 34112 (the'County")
Recrtals
A. Seller owns certain real properly in Collier County. Florida. conr;isting of vacant land. legally
descnbed as follows (the "Property-) the East 75 feet of the Wbst 180 feet oI Tract 40, Unil 40, Golden Gates
Estates. accordrng to the plat book thereof. as recorded rn Plat Book 7. Page 25, rf the public records ot Collier
County, Flonda
B. The County desires to purchase the Property from Seller. and Seller desires to s€ll he Property
to the County
NOW THEREFORE. the parties agree as folloiys:
1. AGREE ENT TO SELL Al{D PURCHASE Seller hereby agrees tl sell, and the County hereby
agre€s to purchase the Property on the terms and condtions set torth in this Agr eernent
2, COMPENSATION
A. Amount. The compensation payable by the County for the Prope ty shall be ti10,000. subject
to proratDns, apportionments. and distributron of sales proceeds provrded for rn thrs Agreement. No portion
of the compensation is attnbutable to personal property
B. Full Comoensaton. The payment ot the net sales proceeds to Seller, payable by County check
at Closing (defined below), shall be (r) full compensahon for the Property, in,luding, without limitaton, all
rmprovements located on the Property as of the date of this Agreernent, and (ii) full and final settlement ol all
other damages and expenses suffered or incuned by Seller in connection with Seller's conveyance of the
Property to the County, whether I,oreseen or untoreseen, rncluding, without limtation, and to the extent
applicable. attomeys'Iees, exp€rt witness fees and costs as provided lbr in Chapter 73. Florida Statutes.
3. PUBLIC DISCLOSURE. lf Seller holds title to the Property in the form ot a partnership, limited
partnershrp, corporation, trust, or any form of representative capacrty whatsoever lor others, Seller shall. before
the full executon of this Agreement, make a wotlen publ,c disclosure, accordnrg to Section 2ffi.23 Flotida
Statutes, under oath. subjecl to the penaltes prescflbed for perrury, of the name and address of every person
havrng a beneficial interest rn the Property before the Property is conveyed kr the County The toregorng
notwithstanding, (i) if Seller is a corporation registered with the Federal Secuntres Exchange Commisson or
regrstered pursuant to Chapter 517, Florida Statutes, whose stock is tor sale to tlle general public, it is exempt
from the provisions of Section 286.23, Florida Statutes, and (ii) the narnes and addresses of persons or entitEs
holding less than 5 percent of the beneficial rnterest rn the disclosing entity are not reguired to be disclosed.
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Packet Pg. 410 Attachment: Agreement - 542FEE (29367 : 99999-542FEE Sibila (62nd Ave NE Bridge))
4. CLOSING DATE: POSSESSION.
A. Closino Date. Seller's conveyance of the Property to the County (the "Closing") shall occur
lvithin 30 days of the County's receipt of all properly executed Closing Documents (defined below). TIME lS
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 Chanqes: Risk of Loss. The Coun ty'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. lf the Property
is damaged prior to Closing, excluding damage caused by the County, Seller shall repair and restore the
Property at Sellels expense.
C. Possession. Seller shall remove Seller's personal property, vacate, and surrender possession
of the Property to the County at Closing. Seller, at rts sole expense, and to the extent applicable, shall pay all
utility expenses (e.9., electricity, gas, water, sewer, phone, internet, cable), maintenance and repair expenses,
cost of pest control, landscaping, security, and other routine services, and all other expenses associated with
the Property that accrue through the date of 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 Closrng.
5. CLOSING DOCUMENTS. As soon after the parties' execution of this Agreement as is possible,
Seller shall (i) provide the County with a copy of Seller's property survey and title insurance policy for the
Property, if any, and (ii) deliver the following documents to the County, properly executed and in a form
approved by the Collier County Attorney's Offce (the 'Closing Documents'):
Warranty Deed;
Closing Statement;
Affidavit of Title;
Form W-9 (Request for Taxpayer ldentification Number and Certification);
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;
A Satisfaction, Release, or Termination from the holder of each mortgage or other lien open of
record encumbering the Property;
Evidence of termination of any leases or rental agreements that encumber the Propertyi
A termination or vacation of any existing easenrent that encumbers the Property, if required by
the County; and
Such other documents as the County or title company deems necessary or appropriate to clear
title to the Property.
Following the Closing, Seller shall execute any and all addational documents as may be requested by the
County or title company to correct clerical errors, clear title, or otheMise carry out the intent of the parties.
6. CLOSING COSTS ND DEDUCTIONS
A. Countv's Closinq Costs. At Closi ng, the County shall pay (i) the recording fees to record the
conveyance instrument(s) 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, or Terminations 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. "
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Packet Pg. 411 Attachment: Agreement - 542FEE (29367 : 99999-542FEE Sibila (62nd Ave NE Bridge))
B. Seller's Closino Costs. At Closing, Seller shall pay (i) all state documentary stamp taxes
required on the conveyance instrument(s) in accordance with Section 201.01, Florida Statutes, unless the
Property is acquired under the threat of condemnation, in which case the conveyance is exempt from state
documentary stamp taxes; (ii) the cost of discharging any outstanding moftgages and other indebtedness
secured by a lien on the Property; (iii) all taxes and assessments that are due and payable; and (iv) the full
amount of condominium/homeowner association special assessments and governmentally imposed liens or
special assessments (other than CDD/MSTU assessments) which are a lien or a special assessment that is
certain as to the identity of the lienor or assessor, the property subject to the lien or special assessment, and
the amount of the lien or special assessment. lf the Property is located within a Community Development
District ("CDD") or Municipal Service or Benefit Taxing Unit ("MSTU"), the County shall assume any
outstanding capital balance.
7. INSPECTIONS.
A. Insoections. Following the date of the parties' execution of this Agreement, the County shall
have the raght, at its sole cost and expense, to conduct whatever investigations and inspections of the Property
that it deems appropriate, including, wilhout limilation, a title examination, property survey, appraisal,
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 ,s httoT rmtn Notwithstanding anything in this Agreement to the contrary, the
County's obligations under this Agreement to acquire the Property 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. ll 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 rectiry such objections.
8. SELLER'S REPRESENTATIONS AND WARRANTIES. Seller makes the following
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) Selleas 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
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C. Prorations. The following items shall be prorated as of the date of Closing, with the County
entitled to the date of Closing: (i) ad valorem and non-ad valorem taxes based upon lhe most cunent
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;
(ii) condominium/homeowner association assessments (other than those required to be paid in full under
subparagraph B of this paragraph), and (iii) CDD/MSTU operating and maintenance assessments.
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Packet Pg. 412 Attachment: Agreement - 542FEE (29367 : 99999-542FEE Sibila (62nd Ave NE Bridge))
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 PropeO, 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, orother
contracts affecting the Property shall remain in effect following the Closing.
(0 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.
(S) 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 landflll, 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 ofany existing orthreatened
environmental lien against the Property.
(h) Seller has not utilzed a real estate broker or agent in connection with Selle/s sale of the Property
to the County and no real estate sales commission is due.
(i) None of the improvements located on the Property, if any, encroach upon adjoining properties,
and no improvements located on adioining properties encroach upon the Property.
9. DEFAULT: REMEDIES. lf either party f,ails to perform any of its obligations under this Agreement
and fails to cure such faalure within 1 5 days after receiving written notice thereof from the nondefautting party,
the noniefaulting party shalt 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{eEulting 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 defaulti all rights and remedies being
cumulative.
10. INDE'UINIFICATION: WAIVER OF CLAltlS. 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, withoul 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 or other incidents occurring on the Property prior to Closing.
11. 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 wrrtten 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.
12. GENERAL PROVISIONS.
A. SuccessoG and Assions. 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. Assionment. 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.
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Packet Pg. 413 Attachment: Agreement - 542FEE (29367 : 99999-542FEE Sibila (62nd Ave NE Bridge))
C. Entire reement 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, waranties, or covenants not contained herein.
D. Amendments. All amendments to this Agreement must be in writing and signed by both parties.
E. Time Periods. lf 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, Sellels representations, warranties, indemnity obligations,
shall survive the Closing.
G. Severabili tv lf any provision of this Agreement is determaned 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.
l. Governino 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.
SIGNATURES ON THE FOLLOWING PAGE
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5
16.B.1.c
Packet Pg. 414 Attachment: Agreement - 542FEE (29367 : 99999-542FEE Sibila (62nd Ave NE Bridge))
lN WTNESS 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 J8 2024
Date 2024
ATTEST:
CRYSTAL K. KINZEL. Clerk of the
Circuit Court & Comptroller
By
Deputy Clerk
Approved as to form and legality
$*.-Assistant County Attorney
D REK D, P RY, E o
SELLE
SI OLDINGS,
lim pany
JO A.S R
BOARD OF COUNry COMMISSIONERS
COLLIER COUNTY, FLORIDA
CHRIS HALL, Chairperson
-\
n
LAND
liability
6
BY:
COUNTY:
By:
16.B.1.c
Packet Pg. 415 Attachment: Agreement - 542FEE (29367 : 99999-542FEE Sibila (62nd Ave NE Bridge))
16.B.1.dPacket Pg. 416Attachment: Checklist 5 New Golden Gate Bridges Project Validated - 2021_09_22 Signed (29367 : 99999-542FEE Sibila (62nd Ave NE Bridge))