Backup Documents 10/22/2024 Item #16B13 .ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 B 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney Office
OP('
2. BCC Office Board of County
Commissioners Ca 177 it/7k/ Cb/Z4/Zy
3. Minutes and Records'` Clerk of Court's Office lUigq1)-L-1 Lillgt
Please scan under 60249 Proj. No. 1344FEE in the BMR Real Property Folder. Thank you.
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Phone Number 252-5861
Contact/ Department Transportation Engineering-ROW
Agenda Date Item was Agenda Item Number
Approved by the BCC 10-22-2024 16.B.13
Type of Document Number of Original
Attached Purchase and Sale Agreement Documents Attached 1
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? RT
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. N/A
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the RT
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's RT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip •
should be provided to the County Attorney Office at the time the item is input into SIRE. RT N/A
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 10-222024 and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County Od P an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the p N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the 001 an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16B13
PROJECT: 60249-Vanderbilt Beach Road Extension - Phase 2
PARCEL: 1344FEE
FOLIO: 40573240001
PURCHASE AND SALE AGREEMENT
(partial fee simple)
rip
THIS PURCHASE AND SALE AGREEMENT ("Agreement) is entered into this L.<- day of
0 C.T,Q:}02024, by and between RAGHU GURRAM and PADMAJA GURRAM, husband and wife, whose
mailing address is 1355 Longlea Terrace, Wellington, FL 33414-9061 (collectively, "Seller"), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do
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 11 and 12, of the Public Records of Collier County, Florida. (the"Property"); and
B. The County desires to purchase a portion of Seller's Property as described in Exhibit "A"
attached hereto (the"Parcel").
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$1,551 payable to Gaylord Merlin Ludovici and Diaz. No portion of 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 Seller's conveyance of the
Parcel 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. Closing Date. Seller's conveyance 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 IS OF THE
ESSENCE. The Closing shall take place at the offices of the County's Transportation Engineering Division,
2885 Horseshoe Drive South, Naples, Florida 34104.
B. No Adverse Changes; Risk of Loss. The County's obligation to close shall be contingent upon
the County having determined that, between the date that the County completes its due diligence investigations
and inspections under this Agreement and the Closing, there shall have been no adverse changes in the title,
physical condition of the Parcel, or other matters previously approved by the County. Between the date of the
parties' execution of this Agreement and the Closing, risk of loss shall be borne by Seller. If the Parcel is
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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 Title;
(d) Form W-9 (Request for Taxpayer Identification Number and Certification);
(e) Evidence of legal authority and capacity of the individual executing this Agreement on behalf of
Seller to execute and deliver this Agreement and the Closing Documents;
(f) A Satisfaction, Partial Release, or Termination from the holder of each mortgage or other lien
open of record encumbering the Parcel;
(g) A Partial Release or Termination of any leases or rental agreements that encumber the 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 Closing Costs. At Closing, 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 Closing Costs. At Closing, 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 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. If 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 on the Parcel. This conveyance is being made under the threat
of condemnation. Accordingly, this 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
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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.
6. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS.
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 construction, without any further notification from the County. Seller assumes
full responsibility for the relocation of all Systems and their performance on the remainder property after
relocation. Seller holds the County harmless for any and all possible damage to the Systems in the event
Seller fails to relocate the Systems prior to the commencement of construction.
B. Retention of Improvements. Seller acknowledges that the County has compensated Seller for
the value of all improvements and landscaping("Improvements") located within the Parcel, and yet the County
is willing to permit Seller to salvage said Improvements provided same are removed from the Parcel prior to
the commencement of construction. If Seller elects to retain any Improvements located on the Parcel, Seller
is responsible for their removal prior to the commencement of construction, without any further notification from
the County. All Improvements remaining on the Parcel at the time of commencement of construction shall be
deemed abandoned by Seller.
C. This section shall survive Closing and is not deemed satisfied by conveyance of title.
7. INSPECTIONS.
A. Inspections. Following the date of the parties' execution of this Agreement, the County shall
have the right, at its sole cost and expense, to conduct whatever investigations and inspections of the 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.
B. County's Right 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. If, 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 rectify 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 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 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.
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(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.
(e) No maintenance,construction,advertising, management, leasing,employment, service,or other
contracts affecting the Parcel shall remain in effect following the Closing.
(f) There are no governmental proceedings or investigations of any kind, formal or informal, civil or
criminal, pending or threatened, that may affect the Property or adversely affect Seller's ability
to perform Seller's obligations under this Agreement.
(g) The Property is in compliance with all federal, state and local laws, including, without limitation,
environmental laws; no unsafe levels of radon, mold, lead, or other pollutants or hazardous
substances have been used, generated, stored, treated, or removed from the Property, nor is
there any lawsuit, proceeding, or investigation regarding same; the Property has never been
used as a landfill, and there are no underground storage tanks on the Property; there has been
no spill, contamination, or violation of environmental laws pertaining to any contiguous property;
and Seller has not received notice and otherwise has no knowledge of any existing or threatened
environmental lien against the Property.
(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. If either party fails to perform any of its obligations under this Agreement
and fails to cure such failure within 15 days after receiving written notice thereof from the non-defaulting party,
the non-defaulting party shall have the right to terminate this Agreement by giving written notice of termination
to the defaulting party; without limitation of any other rights and remedies available to the non-defaulting party
at law or in equity, including,without limitation,the right to seek specific performance, and to recover damages,
including attorney fees and court costs, in connection with such default; all rights and remedies being
cumulative.
10. INDEMNIFICATION; WAIVER OF CLAIMS. Seller shall indemnify, defend, and hold the County
harmless from and against all claims and actions asserted against the County, and all damages, losses,
liability, penalties, fines, costs and expenses, including, without limitation, attorney fees and court costs,
suffered or incurred by the County, arising from (i) Seller's representations and warranties in this Agreement
or in any of the Closing Documents if untrue; or(ii) Seller's failure to perform any of Seller's obligations under
this Agreement, irrespective of whether the County delivers a written notice of default to Seller; or(iii) injuries,
accidents 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 PROVISIONS.
A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the
parties and their respective heirs, executors, personal representatives, successors and permitted assigns.
B. Assignment. The parties shall not assign any rights or obligations under this Agreement to a
third party without the prior written consent of the other party.
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C. Entire Agreement. This Agreement constitutes the entire agreement of the parties as pertains
to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
D. Amendments. All amendments to this Agreement must be in writing and signed by both parties.
E. Time Periods. If any deadline or expiration of any time period provided for hereunder falls on a
Saturday, Sunday or legal holiday, such deadline or expiration shall be extended to the following business day.
F. Survival. All provisions of this Agreement that are not, or by their nature cannot be, performed
prior to the Closing, including, without limitation, Seller's representations, warranties, indemnity obligations,
shall survive the Closing.
G. Severability. If any provision of this Agreement is determined to be legally invalid or
unenforceable, such provision shall be severed from this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect.
H. No Waiver. No party shall be deemed to have waived its right to enforce any specific provision
of this Agreement unless such waiver is in writing. Any such written waiver shall be applicable only to the
specific instance to which it relates and shall not be construed as a continuing waiver as to future instances or
as a waiver of any other provision.
I. Governing Law; Venue. This Agreement shall be governed and construed in accordance with
the laws of the State of Florida. All disputes arising under this Agreement shall be brought solely in the courts
in Collier County, Florida, and the parties hereby agree to said venue.
SIGNATURES ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below,
effective as of the date this Agreement is executed by the County.
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Date: S / 7 , 2024 SELLER: cl
RAGHU GURRA
PADMAJA GURRA
Date: OCrr 2 Z , 2024 COUNTY: COLLIER
c> .-'CRYSTAL} KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
,Circuit Cgurf 8rComptroller COLLIER CO T , FLORI A
t,
L B .
By: -. rt,�O;� y.
4JiaDeputy lerk CHRI ALL, Chairperson
• ,.••• Attest as to Chairman's p
41','/i"•r"s(C° signature only
Ap ro ed as t for and gality:
DEREK D. PERRY, ESQ. (�
Assistant County Attorney V 1 i 1/0
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XHIBIT
Eage1of 1 6 813
•864 866 866 867 66E 869 870 E 71 872 873
'Tk 867+ p STk +15
y 180' �VANDERBILT BEACH ROAD
--- -- f t -- -- ---
PROPOSED
PARCEL 1344FEE
18.000 SO. FT.
TRALT 47 -RACT 50
GOLDEN GATE ESTATES GOLDEN GATE (STATES
UNT 75 UNIT 75
PUT BOOK 5 PAGE 11 PLAT BOOK 5 PAGE 11
1
TRACT 47 c 0 0 0
Li"NIZZARDO. LINDA I—=1 o n
OR 5952/2100 CA I n L.) cc N
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0
1
10TH AVENUE NE
N
SQ.FT. SQUARE FEET W AIL E
FEE PROPOSED FEE SIMPLE ACQUISITION I
OR OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED FEE SIMPLE PARCEL
S
TE — ROW
DATED/EMAILED : 03/13 /2024
LEGAL DESCRIPTION FOR PARCEL 1344FEE
A PORTION OF TRACT 47, GOLDEN GATE ESTATES UNIT 75, AS RECORDED IN PLAT BOOK 5, PAGE
11, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 31, TOWNSHIP 48
SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE NORTH 100 FEET OF THE EAST 180 FEET OF SAID TRACT 47. ;```,ti4;?c.PE�1�:,11'a'''%
4. .-L1rEc4T."P : Digitally signed
CONTAINING 18,000 SQUARE FEET, ALSO BEING 0.41 ACRES, MORE OR LESS. Z* 5301 1*; by Michael Ward
c'; s * F !2 s Date:2024.03.13
'•J)F.�,<,•R10,SJv,, 10:33:23-04'00'
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0 76 160 y� ''6j'rr„.........a``"
BY:
SKETCH 84 DESCRIPTION ONLY I I 1 I MCUEL A WSRO,PROFESSIONAL LANO SURVEYOR
RORIDA REGISTRATION CERTIFICATE NO.5301
NOT A BOUNDARY SURVEY SCALE:1':150• SIGNING DATE:
FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS THE SEAL APPEARING ON THIS DOCUMENT WAS
AUTHOR®BY MICHAEL A WARD.PLS
VANDERBILT BEACH ROAD EXTENSION/PHASE II
SKETCH & DESCRIPTION OF: PROPOSED FEE SIMPLE liltki 6610 Willow Park Drive,Suite 200
AC UISITION Naples.Florida 34109
Q Phone.1239)597-0575 FAX(239)597-0578
PARCEL 1344FEE LB No.:6952
COLLIER COUNTY, FLORIDA ENGINEERING
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY ALE NAME SHEET
060119.08.00 00 31 48S 28E 1" = 150' 03/01/24 TAT SK1344FEE 1 OF 1 (