Agenda 10/22/2024 Item #16B13 (Agreement for purchase of right of way required for the Vanderbilt Beach Road Ext - Phase 2 Project)10/22/2024
Item # 16.B.13
ID# 2024-1054
Executive Summary
Recommendation to approve an Agreement for the purchase of right of way (Parcel 1344FEE) required for the
Vanderbilt Beach Road Ext – Phase 2 Project (Project No. 60249). Estimated Fiscal Impact: $7,051.
OBJECTIVE: To acquire right of way needed for the Vanderbilt Beach Road Ext – Phase 2 Project (the “Project”).
CONSIDERATIONS: The Project will extend Vanderbilt Beach Road from 16th Street NE to Everglades Boulevard.
Collier County is seeking to purchase a fee simple interest in a parcel of right of way, Parcel 1344FEE (the “Parcel”),
required for construction of the Project. The improved parent tract is owned by Raghu and Padmaja Gurram and is
located on the north side of 10th Ave NE. The Parcel consists of a strip taking along the rear, northerly boundary of the
parent tract and is approximately 0.41 acres in extent. An aerial photograph of the subject property is attached.
The parcel is already encumbered by a Road Right of Way, Drainage, and Utility Easement, which was acquired in 2010
for the amount of $6,125. The attached appraisal report summary prepared by RKL Appraisal and Consulting, dated
June 17, 2024, estimates the compensation amount for the underlying fee simple interest in the Parcel to be $300. The
property owner’s initial demand was $7,500, plus attorney and expert fees. The attached Agreement reflects a
negotiated purchase price of $5,000, plus $1,551 in statutory attorney fees. 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 additional
attorney and expert witness fees according to Sections 73.091 and 73.092, Florida Statutes, plus other expenses related
to condemnation. The Transportation Engineering Division accordingly recommends approval of the Agreement since a
better result is not anticipated if the Parcel is condemned.
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 of $7,051 are required, being the negotiated compensation amount of $5,000, attorney fees
of $1,551, and estimated closing and recording fees of $500. The primary funding source for the right-of-way
acquisition is impact fees through Road Impact Fee District Funds (3090, 3091, 3092, 3093, Transportation Capital
Fund (3081), Project No. (60249). Should impact fees not be sufficient within a particular project, the secondary
funding source will be transportation capital funds.
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. County staff wishes to obtain
the fee simple interest in this parcel. If the County needs to acquire this Parcel 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
RECOMMENDATIONS:
1. Approve the attached Agreement and authorize the Chairman to execute same on behalf of the Board;
2. Accept the conveyance of Parcel 1344FEE and authorize the County Manager, or her designee, to record the
conveyance instrument in the public records of Collier County, Florida;
3. 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
4. Authorize the County Manager or her designee to take the necessary measures to ensure the County’s
Page 2898 of 7162
10/22/2024
Item # 16.B.13
ID# 2024-1054
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.
ATTACHMENTS:
1. Aerial - Parcel 1344FEE
2. Appraisal Report DOV 05-03-24 1344FEE
3. Purchase and Sale Agreement 1344FEE
Page 2899 of 7162
AERIAL – PARCEL 1344FEE
(Vanderbilt Beach Road Extension Phase 2 Project No. 60249)
PARCEL 1344FEE
/
Page 2900 of 7162
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
REAL ESTATE APPRAISAL REPORT
VANDERBILT BEACH ROAD EXTENSION PHASE II
Residential
Parcel No. 1344 FEE
10th Avenue NE
Naples, Collier County, Florida, 34120
PREPARED FOR:
Ms. Lisa Barfield
Review Appraiser
Collier County Transportation Engineering Division, Right of Way Acquisition
2885 South Horseshoe Drive
Naples, FL 34104
EFFECTIVE DATE OF THE APPRAISAL:
May 3, 2024
DATE OF THE REPORT:
June 17, 2024
REPORT FORMAT:
Appraisal Report
PREPARED BY:
RKL Appraisal and Consulting, PLC
RKL File Number: 2024-098 (Parcel No. 1344 FEE)
Page 2901 of 7162
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
June 17, 2024
Ms. Lisa Barfield
Collier County Transportation Engineering Division, Right of Way Acquisition
2885 South Horseshoe Drive
Naples, FL 34104
Re: Real Estate Appraisal
Vanderbilt Beach Road Extension Phase II
Parcel No. 1344 FEE
10th Avenue NE, Naples,
Collier County, Florida, 34120
RKL File Number: 2024-098 (Parcel No. 1344 FEE)
Dear Ms. Barfield:
At your request, RKL Appraisal and Consulting, PLC has prepared the accompanying
appraisal for the above referenced property. The purpose of the appraisal is to estimate
the market value of the fee simple interest in the parent tract before and after the
proposed acquisition. The intended users for the assignment are Collier County
Transportation Engineering Division, Right of Way Acquisition. The intended use of the
appraisal is as a basis of value for determining full compensation to the property owner
for the loss of the real estate resulting from the property rights and improvements (if any)
which are proposed to be acquired, including all diminution in value to the remainder
land and improvements (if any) which can be attributed to the use of, or activity upon, the
proposed Fee Simple Acquisition area. We use the appraisal report option of Standards
Rule 2-2 of USPAP to report the assignment results.
Please reference the appraisal scope section of this report for important information
regarding the scope of research and analysis for this appraisal, including property
identification, inspection, highest and best use analysis, and valuation methodology.
The accompanying appraisal conforms with the Uniform Standards of Professional
Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of
Professional Appraisal Practice of the Appraisal Institute.
The parent tract consists of a vacant parcel of land containing a total of 2.73 acres, or
118,800 square feet. Low density residential uses with limited agricultural uses are
permitted under the present Estates (E) zoning designation.
Page 2902 of 7162
Ms. Lisa Barfield
Collier County Transportation Engineering Division, Right of Way Acquisition
June 17, 2024
Page 2
4500 Executive Drive, Suite 230
Naples, FL 34119-8908
Phone: 239-596-0800
www.rklac.com
Based on the appraisal described in the accompanying report, subject to the Limiting
Conditions and Assumptions, Extraordinary Assumptions and Hypothetical Conditions
(if any), it is my opinion that the amount due the property owner, as a result of the loss of
real estate resulting from the property rights and improvements (if any) which are
proposed to be acquired, including all diminution in value to the remainder land and
improvements (if any) which can be attributed to the use of, or activity upon, the
proposed Fee Simple Acquisition (Parcel No. 1344 FEE), as of May 3, 2024, is:
SUMMARY OF TOTAL COMPENSATION
Value of Property Rights Taken: $300
Value of Improvements Taken: $0
Severance Damages: $0
Net Cost to Cure: $0
TOTAL AMOUNT DUE OWNER: $300
The value conclusion(s) are subject to the following hypothetical conditions and extraordinary
conditions. These conditions may affect the assignment results.
Hypothetical Conditions: It is a hypothetical condition the proposed acquisition and the
proposed roadway improvements have been completed as of the
effective date of the appraisal.
Extraordinary Assumptions: None.
Respectfully submitted,
RKL APPRAISAL AND CONSULTING, PLC
Rachel M. Zucchi, MAI, CCIM
Florida State-Certified General Real Estate Appraiser RZ2984
rzucchi@rklac.com; Phone 239-596-0801
Page 2903 of 7162
60249 - Vanderbilt Beach Road Extension - Phase 2
1344FEE
4057324000'1
f-
n THIS PURCHASE AND SALE AGREEMENT ("Agreement") is entered rnto tnis lT ltay
ot
laf6lljt 2024, by and between RAGHU GURRAM and PADMAJA GURRAM, husband and wife, whose
mailing address is 1355 Longlea Terrace, Wellington. FL 33414-9061 (collectively, "Selle/'), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 TamiamiTrail East, c/o
County Attorney's Office, Suite 800, Naples, FL 34112 (the "County").
Recitals
A. Seller owns certain real property in Collier County, Florida. commonly known as the East 180
feet of Tract 47, Golden Gate Estates, Unit No. 75, according to the Plat thereof as recorded in Plat Book 5,
Pages 1 1 and 12, of the Public Records of Collier County, Florida. (the "Property"), and
B. The County desires to purchase a portion ol Seller's Property as described in Exhibit "A"
attached hereto (the "Parcel").
3. CLOSING DATE: POSSESSION.
A. Closinq Date. Seller s conve yance of the Parcel 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 offices of the County's Transportation Engineering Division,
2885 Horseshoe Orive South, Naples, Florida 34104.
B. No Adverse Chanqesi Risk of Loss. The Cou nty'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 Parcel. or other matters previously approved by the County Between the date of the
parties' execution of this Agreement and the Closang, risk of loss shall be borne by Seller. lf the Parcel is
CAO
PROJECT:
PARCEL:
FOLIO:
PURCHASE AND SALE AGREEMENT
(partial fee simple)
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 Parcel on the terms and conditions set forth in this Agreement.
2. COMPENSATION.
A. Amount. The compensation payable by the County for the Parcel shall be $5,000, subject to
prorations, apportionments, and distribution of sales proceeds provided for in this Agreement. together with
statutory attorney fees in the amount of S1,551 payable to Gaylord Merlin Ludovici and Diaz. No portion ot the
compensation is attributable to personal property.
B. Full Compensation. The payment of the net sales proceeds to Seller, payable by County check
at Closing (defined below), shall be (i) full compensation for the Parcel, including, without limitation, all
improvements located on the Parcel 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 Sellels conveyance of the
Parcel io the County, whether foreseen or unforeseen. including, without limitation, and to the extent
applicable. attorneys'fees, expert witness fees and cosls as provided for in Chapter 73, Florida Statutes.
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Page 2904 of 7162
damaged prior to Closing, excluding damage caused by the County, Seller shall repair and restore the Parcel
at Seller's expense.
C. Possession. Seller shall remove Seller's personal property, vacate, and surrender possession
of the Parcel to the County at Closing. Seller shall leave the Parcel 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 Parcel 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 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 Office (the "Closing Documents"):
(a) Warranty Deed;(b) Closing Statement;(c) Affidavit of Titlei(d) Form W-9 (Request for Taxpayer ldentification Number and Certification):(e) Evidence of legal authority and capacity of the individual executing this Agreement on behalf of
Seller to execute and deliver this Agreement and the Closing Documents:(f) A Satisfaction, Partial Release, or Termination from the holder of each mortgage or other lien
open of record encumbering the Parcell(S) A Partial Release or Termination of any leases or rental agreements that encumber lhe Parcel;
(h) A Termination, Vacation or Subordination of any existing easement that encumbers the Parcel,
if required by the County, and(i) Such other documents as the County or title company deems necessary or appropriate to clear
title to the 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 COSTS AND 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 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."
B. Seller's Closinq Costs. At Clo sing, Seller shall pay (i) any apportionment and distribution of the
full compensation amount provided for in this Agreement that may be required by any mortgagee, lien holder,
or other encumbrance holder as payoff, paydown, or for the protection of its security interest, or as
consideration due to any diminution in the value of its property right; (ii) all taxes and assessments that are
due and payable; and (iii) the full amount of condominiumi 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 Counly
shall assume any outstanding capital balance on the Parcel. This conveyance is being made under the threat
of condemnation. Accordingly, lhis conveyance is exempt from payment of state documentary stamp taxes.
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 taxes 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; (ii) condominium/homeowner
2
qoPage 2905 of 7162
association assessments (other than those requrred to be paid in full under subparagraph B of this paragraph),
and (iii) CDD/MSTU operating and maintenance assessments.
A. Relocation. Seller agrees to relocate existing irrigation. electrical, or other systems located on
the Parcel. if any. including, but not limited to, irrigation lines, sprinkler valves. electrical wiring. etc. ("Systems"),
prior to the commencement of construclion, without any further notification from the County. Seller assumes
full responsibility for the relocation of all Systems and their performance on the remainder property after
relocation. Seller holds the County harmless for any and all possible damage to the Systems in the event
Seller fails to relocate the Systems prior to the commencement of construction.
B. Retention of lmprovements. Seller acknowledges that the County has compensated Seller for
the value of all improvements and landscaping ("lmprovements') located within the Parcel. and yet the County
is willing to permit Seller to salvage said lmprovements provided same are removed from the Parcel prior to
the commencement of construction. lf Seller elects to retain any lmprovements located on the Parcel, Seller
is responsibie for their removal prior to the commencement of construction, without any further notification from
the County. All lmprovements remaining on the Parcel atthetimeof commencement of construction shall be
deemed abandoned by Seller.
C. This section shall survive Closing and is not deemed satisfied by conveyance of title.
7. INSPECTIONS.
A. lnsoections. Following the date of the parties' execution of this Agreement, the County shall
have the nght, at its sole cost and expense, to conduct whatever investigations and inspections of the 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 Parcel with
applicable laws, and the like. Seller shall provide the County with reasonable access to the Parcel to conduct
on-site inspections. The County shall promptly repair any damage to the Parcel caused by such on-site
inspections.
8. SELLER'S REPRESENTATIONS AND WARRANTIES. Seller makes the followi ng
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 execule 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 Parcel or to occupy the Parcel, or,
if applicable, Seller shall disclose same to the County in the applicable Closing Documents.
(c) Seller's title to the Properh/ is free and clear of all mortgages and other liens and encumbrances,
except as may be disclosed in the title commitment. title report, or attorney title opinion obtained
or to be obtained prior to the Closing.
3
qo
6. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS.
B. Countv's Riqht to Terminate Notwithstanding anything in this Agreement to the contrary, the
County's obligations under this Agreement to purchase the Parcel are contingent upon the County's
satisfaction with the Parcel, 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 objeclions cannot be resolved to the County's satisfaction through reasonable diligence,
within a reasonable period of time, and at a reasonable cost, all as determined by the County in its sole
discretion, the County shall have the right to terminate this Agreement by written notice to Seller, whereupon
neither party shall thereafter have any rights or obligations under this Agreement. The County may, but shall
not be required to, provide Seller with an opportunity to rectify such objections.
Page 2906 of 7162
(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 Parcel to a third party, or grant to
any third party any rights of any kind with respect to the Parcel, or do anything to change or
permit to be changed the physical condition of the Parcel, without in each instance obtaining the
County's prior written consent, which may be granted or withheld in the County's sole discretion.
(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 Selleis ability
to perform Selleas obligations under this Agreement.
(S) The Property is in compliance with allfederal, state and local laws, including. without limitation,
environmental laws, no unsafe levels of radon, mold, lead, or other pollutants or hazardous
substances have been used, generated, stored, treated, or removed from the Property, nor is
there any lawsuit, proceeding, or investigation regarding same; the Property has never been
used as a landfill, and there are no underground storage tanks on the Property; there has been
no spill, contamination, or violation of environmental laws pertaining to any contiguous property,
and Seller has not received notice and otherwise has no knowledge of any existing or threatened
environmental lien against the Property.
(h) None of the improvements located on the Parcel, if any, encroach upon adjoining properties.
and no improvements located on adjoining properties encroach upon the Parcel.
9. 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 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 speciflc performance, and to recover damages,
including attorney fees and court costs, in connection with such default, all rights and remedies being
cumulative.
10. IN DEMN IFICATIO N:WAIVER OF CLAIMS . Seller shall indemnify, defend, and hold the County
harmless from and against all claims and actions asserted against the County, and all damages, losses.
liability, penalties, fines, costs and expenses. including, without limitation, attorney fees and court costs.
suffered or incurred by the County, arising from (i) Selleas 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 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.
12. GENERAL vrstoNs.
A. Successors 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 partaes shall not assign any rights or obligations under this Agreement to a
third party without the prior written consent of the other party.
4
o7o
(e) No maintenance, construction, advertising, management, leasing, employment, service, or other
contracts affecting the Parcel shall remain in effect following the Closing.
Page 2907 of 7162
C. Entire Aqreement. 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, promases. 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 expiralion shail 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, wathout limitation, Seller's representations. warranties, indemnity obligations,
shall survive the Closing.
G. Severabilitv. lf any provision of this Agreement is determined to be legally invalid or
unenforceable, such provisaon 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 applacable 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
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.
Pc
5
Page 2908 of 7162
, 2024
, 2024
ATTEST:
CRYSTAL K. KINZEL. Clerk of the
Circuit Court & Comptroller
By
Deputy Clerk
SELLER
RAGHU GUR
PADMAJA GUR
COUNTY: COLLIER
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By
CHRIS HALL, Chairperson
DEREK D, PERRY, ESQ.
Assistant County Attorney 0
0siJ'^
6
o
Date:
Date.
Approved as to form and legality:
Page 2909 of 7162
EXHIBIT'4"
Page 1 of 1
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SOUARE FEET
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Page 2910 of 7162