Agenda 08/27/2024 Item #16B 2 (Agreement for the purchase of an unimproved tract of land (Parcel 154FEE)-Project No. 50310)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
August 27, 2024
Move item 16G1 to 11C: Recommendation that the Board of County Commissioners,
acting as the Collier County Airport Authority, approve a request from the Collier
Mosquito Control District to terminate the existing Land Lease Agreement for Hangar
Construction at the Immokalee Regional Airport (IMM) and approve the assessment of
damages incurred by the Airport Authority. (Commissioners McDaniel, LoCastro, Kowal,
Saunders, and Hall Separate Requests)
Continue Item 16B2 to the September 10, 2024, BCC Meeting: Recommendation to
approve an Agreement for the purchase of an unimproved tract of land (Parcel 154FEE)
required for the Lake Kelly Weir Stormwater Project (Project No. 50310). Estimated Fiscal
Impact: $222,000. (Commissioner Kowal’s Request)
Notes: The Commissioner District listed for item 11B should be District 5.
TIME CERTAIN ITEMS:
4A to be heard at 9:15 AM: Proclamation congratulating Kathleen Passidomo on her impactful tenure as
President of the Florida Senate.
8/28/2024 8:12 AM
08/27/2024
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for the purchase of an unimproved tract of land (Parcel
154FEE) required for the Lake Kelly Weir Stormwater Project (Project No. 50310). Estimated Fiscal
Impact: $222,000.
OBJECTIVE: To acquire the unimproved tract of land (Parcel 154FEE) needed for the construction of the Lake
Kelly Weir Stormwater project (the “Project”).
CONSIDERATIONS: Collier County is seeking to purchase Parcel 154FEE needed for construction of the
Project. The property is located on the southeast corner of the New Moon Court and Harvest Court intersection.
The unimproved parcel is owned by Christine Carlson, is 0.09 acres in extent, and is rectangular in shape.
The attached appraisal report prepared by Lisa Barfield, Review Appraiser, Collier County Transportation
Engineering, dated May 30, 2024, estimated the full compensation amount for Parcel 154FEE to be $220,000. The
attached Purchase and Sale Agreement provides for a purchase price at the appraised amount of $220,000. Staff
accordingly recommends that the Board of County Commissioners (the “Board”) approve the Agreement.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective
stormwater management system.
FISCAL IMPACT: A budget amendment in the amount of $222,000 is required to reallocate funds within
Stormwater CIP fund (3050) to cover the compensation amount of $220,000 and estimated miscellaneous closing
and recording fees not to exceed the amount of $2,000. Source of funding is the Stormwater Capital Improvement
Fund (3050), Lake Kelly Weir Replacement Project (50310). No maintenance costs are anticipated until such time
as the Project is constructed.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. -DDP
GROWTH MANAGEMENT IMPACT: This Project is in accordance with the goals, objectives, and policies of
all applicable sections of the Stormwater Management Sub-element and the Conservation and Coastal Management
Element of the Growth Management Plan.
RECOMMENDATION:
. Approve the attached Purchase and Sale Agreement and authorize the Chairman to execute same on behalf of
the Board;
. Accept the conveyance of Parcel 154FEE and authorize the County Manager, or her designee, to record the
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
Purchase and Sale 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 Purchase and Sale Agreement.
. Authorize the necessary budget amendment.
Prepared By: Robin Goldsboro, Property Acquisition Specialist I, Right of Way Acquisition, Transportation
Engineering Division.
ATTACHMENT(S)
1. Aerial Exhibit 154FEE (DOCX)
2. Appraisal Lake Kelly DOV 16 May 2024 (PDF)
3. Purchase and Sale Agreement (PDF)
16.B.2
Packet Pg. 417
08/27/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.2
Doc ID: 29480
Item Summary: Recommendation to approve an Agreement for the purchase of an unimproved tract of land
(Parcel 154FEE) required for the Lake Kelly Weir Stormwater Project (Project No. 50310). Estimated Fiscal
Impact: $222,000.
Meeting Date: 08/27/2024
Prepared by:
Title: Property Aquisition Specialist I – Transportation Engineering
Name: Robin Goldsboro
07/22/2024 11:46 AM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
07/22/2024 11:46 AM
Approved By:
Review:
Transportation Engineering Robert Bosch TMSD Reviewer Completed 07/22/2024 12:53 PM
Transportation Management Services Department Jeanne Marcella Transportation Management Services
Department Completed 07/22/2024 1:07 PM
Capital Project Planning, Impact Fees, and Program Management Eric Ovares TMSD Reviewer Completed
07/22/2024 1:12 PM
Transportation Engineering Anthony Khawaja TMSD Reviewer Completed 07/23/2024 1:13 PM
Capital Project Planning, Impact Fees, and Program Management Beth Johnssen TMSD Reviewer Completed
07/25/2024 10:02 AM
Road Maintenance Marshal Miller TMSD Reviewer Completed 07/25/2024 4:58 PM
Transportation Engineering Lisa Taylor TMSD Reviewer Completed 07/29/2024 11:10 AM
Transportation Management Operations Support Tara Castillo TMSD Reviewer Completed
07/29/2024 11:58 AM
Road Maintenance Ellen Sheffey TMSD Reviewer Completed 07/30/2024 2:38 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 07/31/2024 9:02 AM
Transportation Management Services Department Trinity Scott Transportation Completed
08/02/2024 5:20 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/03/2024 10:47 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/05/2024 8:59 AM
Community & Human Services Maggie Lopez OMB Reviewer Completed 08/06/2024 10:47 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 08/07/2024 11:56 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 08/27/2024 9:00 AM
16.B.2
Packet Pg. 418
AERIAL – PARCEL 154FEE
(Lake Kelly Weir Project No. 88888)
/
SUGDEN PARK
PARCEL 154FEE
Weir Site
16.B.2.a
Packet Pg. 419 Attachment: Aerial Exhibit 154FEE (29480 : 88888-154FEE Carlson Lake Kelly Weir)
SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
PROJECT NAME: Lake Kelly Outfall Ditch Weir Project CLIENT: Collier County ROW Acquisition, Transportation Engineering
SUBJECT PROPERTY IDENTIFICATION: Parcel Reference: 88888-154FEE Legal Descriptions: Lot 59, Unit 2, Lake Kelly
Tax Folio #s: 53352000103
Owner: Christine Carlson Property Rights Being Valued: Fee simple estate.
Last Property Transfers: 04/22/08
DESCRIPTION OF SUBJECT PROPERTY: The subject property consists of 0.09 acres (41 ft x 99 ft) of cleared unimproved land in the Lake Kelly
Subdivision. The property has 41 ft of road frontage on Harvest Court with canal and partial lake views. The subject property is located in the
Bayshore/Gateway Triangle Redevelopment Overlay. The practice of purchasing an improved property for lot value with the intent to tear down the
improvements is common in this area.
INTENDED USE OF THE APPRAISAL: A drainage easement is proposed for this property in order to construct a weir for Collier County Stormwater.
The owner of the subject property has indicated a willingness to sell this parcel in its entirety. 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.
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
16.B.2.b
Packet Pg. 420 Attachment: Appraisal Lake Kelly DOV 16 May 2024 (29480 : 88888-154FEE Carlson Lake Kelly Weir)
SHORT FORM APPRAISAL - COLLIER COUNTY TRANSPORTATION ENGINEERING DIVISION
Page 2
PRESENT ZONING: MH – BMUD (Mobile Home - Bayshore Drive
Mixed Use Overlay District)
FUTURE LAND USE: UR/UC – Urban Coastal Fringe
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 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
Lake Kelly Subdivision. These sales are used to estimate the value of the subject property using the Sales Comparison Approach:
1. 3980 New Moon Ct, Naples Sale Price: $250,000 Sale Date: 12/2022
2. 3177 Lunar St, Naples Sale Price: $210,000 Sale Date 11/2022
3. 3205 Lunar St, Naples Sale Price: $230,000 Sale Date: 09/2023
DISCUSSION OF COMPARABLE SALES AND EXPLANATION OF ADJUSTMENTS
Sale #1 is a 0.13-acre similarly zoned parcel located on the on New Moon Ct in Lake Kelly Subdivision. This site was improved with a 672 ft mobile
home from 1969 that contributed minimally to the value of the property. The lot has similar location on a local two-lane road with lake views.
Sale #2 is a 0.14 acre similarly zoned parcel located on the north side of Lunar St in the Lake Kelly Subdivision. This site was improved with a 672 sf
mobile home from 1973 that contributed minimally to the value of the property. The mobile home was removed from the site after the sale in 2023.
The lot has an inferior location on a local two-lane road without water views.
Sale #3 is a 0.09 acre similarly zoned parcel located on the north side of Lunar St in the Lake Kelly Subdivision. This site is improved with an 896-sf
mobile home from 2015. The mobile home and site improvements are estimated to contribute $28,800 to the value of the property. The remaining
value, $201,200 can be attributed to the site. The lot has an inferior location on a local two-lane road without water views.
The sales show a site value range of $201,200 to $250,000 and an average site value of $220,000 (rounded). Sale number 1 has the most similar
location to the subject with water views, but it is superior in site size. Site 2 is also superior in site size but is inferior in location with residential views
rather than water views like the subject. Sale three is similar in size but also has inferior residential views only. All sales were weighted equally and
support an estimated value of $220,000.
DATE OF VALUE: 05/16/2024 REPORT DATE: 05/30/2024
MARKET VALUE ESTIMATE: $220,000
16.B.2.b
Packet Pg. 421 Attachment: Appraisal Lake Kelly DOV 16 May 2024 (29480 : 88888-154FEE Carlson Lake Kelly Weir)
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 done on May 16th, 2024.
• 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
16.B.2.b
Packet Pg. 422 Attachment: Appraisal Lake Kelly DOV 16 May 2024 (29480 : 88888-154FEE Carlson Lake Kelly Weir)BarfieldLisa Digitally signed by BarfieldLisa
Date: 2024.05.30 16:31:29 -04'00'
PROJECT
PARCEL:
FOLIO:
5031 0.1.4 - Miscellaneous
154FEE
53352000103
PURCHASE AND SALE AGREEMENT
(vacant land)
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is entered into this
-
day of
-,
2024, by and between CHRISTINE CARLSON, a single person, whose mailing address is 4084 New Moon
Court, Naples, FL 34112, "Selle/'), 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, FL34112
(the "County").
Recitals:
A. Seller owns certain real property in Collier County, Florida, consisting of vacant land, legally
described as follows (the "Property"):
Lot 59, Lake Kelly, Unit No. 2, according to the plat thereof, recorded in Plat Book 3, Page 93,
of the Public Records of Collier County, Florida.
B. The County desires to purchase the Property from Seller, and Seller desires to sell the Property
to the County.
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 Property on the terms and conditions set forth in this Agreement.
2. COMPENSATION.
A. Amount. The compensation payable by the County for the Property shall be $220,000, sub.lect
to prorations, apportionments, and distribution of sales proceeds provided for in this Agreement. No portion
of the compensation is attributable to personal property.
B. Full Comoensation. The payment of the net sales proceeds to Seller, payable by County check
at Closing (defined below), shall be (i) full compensation for the Property, 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
Property to the County, whether foreseen or unforeseen, including, without limitation, and to the extent
applicable, attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes.
3. CLOSING DATE: POSSESSION.
A. Closino Date. Seller's conveyance of the Property to the County (the "Closing") shall occur
within 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 offlces of the County's Transportation Engineering
Division, 2885 Horseshoe Drive South, Naples, Florida 34104.
B. No Adverse Chanoesl 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,
physicil condition of the Property, or other matters previously approved by the County. Between the date of
1
c40
16.B.2.c
Packet Pg. 423 Attachment: Purchase and Sale Agreement (29480 : 88888-154FEE Carlson Lake Kelly Weir)
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 Seller's expense.
C. Possession. Seller shall remove Sellels personal property, vacate, and sunender possession
of the Property to the County at Closing. Seller, at its 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 assoclated 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 Closing.
4. CLOSING DOCUMENTS. As soon after the parties' execution of this Agreement as is possible,
Seller shall (i) provide the County with a copy of Sellefs 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 Office (the "Closing Documents"):
Warranty Deed,
Closing Statement,
Affidavit of Title;
Form W-9 (Request for Taxpayer ldentification Number and Certification)i
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 Property;
A termination or vacation of any existing easement 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 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.
5. CLOSING COSTSANO DEDUCTIONS
A. County's Closinq Costs. At Closin g, 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 owne/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. "
B. Seller's Closinq Costs. At Closing, Seller shall pay (i) the cost of discharging any outstanding
mortgages and other indebtedness secured by a lien on the Property; (ii) all taxes and assessments that are
due and payable; and (iii) 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. This transaction is exempt from state documentary stamps
pursuant to 128-4.01 3 of the Florida Administrative Code.
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 the most current
o--to
(a)
(b)
(c)
(d)
(e)
(0
(s)
(h)
(i)
2
16.B.2.c
Packet Pg. 424 Attachment: Purchase and Sale Agreement (29480 : 88888-154FEE Carlson Lake Kelly Weir)
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 thereini
(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.
A. lnspections. Followin g the date of the parties' execution of this Agreement, the County shall
have the right, at its sole cost and expense, to conduct whatever investigations and inspections of the Property
that it deems appropriate, including, wjthout limitation, 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. Countv's Riqht to Terminate. Notwithstandin g anything in this Agreement to the contrary, the
County's obligations under this Agreement to acquire the Property are contingent upon the County's
satishction with the Property, including, without limitation, as revealed by the County's investigations and
inspections as set forth herein. lf, prior to the Closing, the County identifies any objectionable matters and
determines that such objections cennot be resolved to the County's satistaction 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 ob.iections.
7. SELLER'S REPRESENTA ONS ANO 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) Sellef 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 attomey title opinion obtained
or to be obtained prior to the Closing.
(d) Between the date of Seller's execution of this Agreement and the Closing, Seller shall not do
anything to encumber the title to the Property, or convey the Property to a third party, or grant
to any third party any rights of any kind with respect to the Property, or do anything to change
or permit to be changed the physical condition ofthe Property, without in each instance obtaining
the County's prior written consent, which may be granted or withheld in the County's sole
discretion.
(e) No maintenance, construction, advertising, management, leasing, employment, service, or other
contracts affecting the Property shall remain in etfect following the Closing.
(f) There are no governmental proceedings or investigations of any kind, formal or informal, civil or
criminal, pending or threatened, that may affect the Property or adversely affect Seller's ability
to perform Seller's obligations under this Agreement.
(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
ov-
6. INSPECTIONS.
16.B.2.c
Packet Pg. 425 Attachment: Purchase and Sale Agreement (29480 : 88888-154FEE Carlson Lake Kelly Weir)
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 Propertyl there has been
no spill, contamination, or violation of environmental laws pertaining to any contiguous propertyi
and Seller has not received notice and otherwise has no knowledge of any existing or threatened
environmental lien against the Property.
(h) Seller has not utilized a real estate broker or agent in connection with Seller's sale of the 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 adjoinang properties,
and no improvements located on adjoining properties encroach upon the Property.
8. DEFAULT: REMEDIES. lf either party fails to perForm any of its obligations under this Agreement
and fails to cure such failure within 15 days after receiving \r'rritten 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.
9. INDEMNIFICATION: WAIVER OF GLAIMS. Seller shall indemn ify, 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) Sellefs representations and warranties in this Agreement
or in any of the Closing Documents if untrue; or (ii) Sellels failure to pertorm any of Seller's obligations under
this Agreement, irrespective of whether the County delivers a writen notice of default to Selleri or (iii) injuries,
accidents or other incidents occurring on the Property prior to Closing.
10. NOTIGES. 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.
11, GENERAL PROVISIONS.
A. Successors and Assions. This Agreement shall inure to the benefit ofand 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.
C. Entire ment. 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. 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, Seller's representations, warranties, indemnity obligations,
shall survive the Closing.
4
-po
16.B.2.c
Packet Pg. 426 Attachment: Purchase and Sale Agreement (29480 : 88888-154FEE Carlson Lake Kelly Weir)
G. Severabilitv. lf 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 wriften 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.
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 , 2024 SELLERI
("fr*;*
2024
ATTEST:
CRYSTAL K. KINZEL, Clerk ofthe
Circuit Court & Comptroller
By
Deputy Clerk
Approved as to form and legality
DEREK D, PERRY, ESQ
Assistant County Attorney
CHRISTINE CARLSON
COUNTY: COLLIER
BOARD OF COUNry COMMISSIONERS
COLLIER COUNTY. FLORIDA
CHRIS HALL, Chairperson
5
Last Revised 1/5/23
.'t"C
Date:
By:
16.B.2.c
Packet Pg. 427 Attachment: Purchase and Sale Agreement (29480 : 88888-154FEE Carlson Lake Kelly Weir)