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Backup Documents 04/28/2026 Item #16B 2 16B2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Ube 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 he 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 throughhrouting lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office I I,itials Date tf I. County Attorney Office ' County Attorney Office x. 4'( / 0 2. BCC Office Board of County Commissioners _Dk (►y At_ _ _L/ 3b 3. Minutes and Records Clerk of Court's Office libeijzo *Please scan under Project 60273 Immokalee—Oil Well Turn Lane 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 Ronald Thomas.Acquisition Specialist II Phone Number 252-5861 Contact/ Department Operations and Performance Management- ROW Agenda Date Item was Agenda Item Number Approved by the BCC April 28,2026 16 B Type of Document Number of Original Attached Agreement Documents Attached I 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) l. 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, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 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 RTsignature 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 04/28/2026 and all changes made during N'A is not the meeting have been incorporated in the attached document. The County , 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 N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. ' this line. 16B2 PROJECT: 60273 Miscellaneous PARCEL: (99999) 549SWE FOLIO: 64700625608 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT ("Agreement") is entered into this day of 20?L by and between 7-ELEVEN, INC., a Texas Corporation, whose mailing address is PO Box 71 , Dallas, TX 75221 ("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 14004 hmrnokaiee Road, Naples, FL 34120. B. The County desires to purchase a perpetual non-exclusive sidewalk, slope and traffic facilities easement(the"Easement") over, under, upon and across a portion of Seller's property as described in Exhibit "A" attached hereto (the"Property"). 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 Easement on the terms and conditions set forth in this Agreement. 2. COMPENSATION. A. Amount. The compensation payable by the County for the Easement shall be $8,000 subject 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 Compensation. The payment of the net sales proceeds to Seller, payable by County check to Trenam, Kemker, Scharf, Barkin, Frye,O'Neill,& Mullis, P.A.Trust Account at Closing(defined below), shall be (i) full compensation for the Easement, 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 Easement to the County, whether foreseen or unforeseen, including, without limitation, and to the extent applicable, moving expenses,attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. PUBLIC DISCLOSURE. If Seller holds title to the Property in the form of a partnership, limited partnership,corporation, trust,or any form of representative capacity whatsoever for others, Seller shall, before the full execution of this Agreement, make a written public disclosure, according to Section 286.23, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the Property before the Easement is conveyed to the County. The foregoing notwithstanding, (i) if Seller is a corporation registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is exempt from the provisions of Section 286.23, Florida Statutes, and (ii)the names and addresses of persons or entities holding less than 5 percent of the beneficial interest in the disclosing entity are not required to be disclosed. 4. PURPOSE OF EASEMENT. The Easement shall be for Non-Exclusive Sidewalk, Slope and Transportation Facilities purposes and includes the right to enter upon said land and to place and/or excavate materials for the purpose of constructing and maintaining sidewalk, fill slope and transportation facilities 16B2 thereon as shown on Exhibit"A.". The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. Grantor shall have all other rights in and to the Easement Area not inconsistent with Grantee's uses detailed in Exhibit "A", including, but not limited to, the right to utilize said land for landscaping and utility crossings. Grantee's rights and privileges in the Easement Area are to be used in common with Grantor herein and its successors, assigns, lessees, licensees, transferees, permittees, apportionees,.and other easement holders. Grantee accepts its non-exclusive easement interest as is in its existing condition. Grantee acknowledges that there are existing improvements located on and under Grantor's adjoining property. During construction and any ongoing maintenance, Grantee shall not alter or interfere with the existing improvements and shall repair any damage caused to the existing improvements by Grantee. Grantor is conveying this easement in lieu of Grantee acquiring these rights through eminent domain procedures. 5. CLOSING DATE*POSSESSION. A. Closing Date. Seller's conveyance of the Easement 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 Operations and Performance Management Division, 2685 S. Horseshoe Drive, Suite 103, 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 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. If 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 surrender possession of the Easement to the County at Closing. Seller shall leave the Property 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. 6. CLOSING DOCUMENTS. As soon after the parties' execution of this Agreement as is possible, Seller shall 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) Sidewalk, Slope and Transportation Facilities Easement instrument; (b) Closing Statement; (c) Affidavit of Title; and (d) Such other documents as the County or title company deems necessary or appropriate to clear title to the Easement. 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. 7. CLOSING COSTS AND DEDUCTIONS. At closing, the County shall pay (i)the recording fees to record the Easement instrument 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, Terminations, or Subordinations 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." 2 16B2 8. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS. A. Relocation. Seller agrees to relocate existing irrigation, electrical, or other systems located on the Property, 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 lrnprovements. Seller acknowledges that the County has compensated Seller for the value of all improvements and landscaping ("Improvements") located on the Property, and yet the County is willing to permit Seller to salvage said Improvements provided same are removed from the Property prior to the commencement of construction. If Seller elects to retain any Improvements located on the Property,Seller is responsible for their removal prior to the commencement of construction, without any further notification from the County. All Improvements remaining on the Property at the time of commencement of construction shall be deemed abandoned by Seller. C. This section shall survive Closing and is riot deemed satisfied by conveyance of the Easement. 9. 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 Property that it deems appropriate, including, without limitation, a title examination, property survey, appraisal, building inspections, 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 Right to Terminate. Notwithstanding anything in this Agreement to the contrary, the County's obligations under this Agreement to acquire the Easement 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. 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. 10. 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. 11. 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, damage to Seller's personal property, or other incidents occurring on the Property prior to Closing. 3 16B2 12. NOTICES. All notices given by either party to the other under this Agreement shall be in writing and shall be personally delivered, or delivered by a traceable courier, or mailed by U.S. certified mail, to the parties at their respective addresses set forth in the introductory paragraph of this Agreement, or such other address as may be specified by either party from time to time by written notice to the other party. Notices shall be deemed given on the date of receipt if personally delivered, or delivered by courier, or 3 days after mailing. 13. GENERAL PROVISIONS. A. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, executors, personal representatives, successors and 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. 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) 4 1 6B2 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. Date: INAtfiV'i1h 9 , 20 SELLER: 7-ELEVEN, a Texa. Corpor By: David J. Jr. Sr. Mee President Date: Snl 2g , 20g COUNTY: ATTEST:7 CRYSTAL 14J,K°IE yZ4.;:Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Coui . •om.ptilOter COLLIER COUNTY, FLORIDA By: By: D CI rk DAN KOWAL, Chairperson Atiigps to 6 atXrrtari°, s rtature_only Approve to form and legality: tta ' , cnpc ounty Attorne TA Last Revised 2/23/23 5 1 6B2 Rcvd9/4/25 ROW 711S IS NOT A SURVEY EXHIBIT "A 549SWE Page 1 of 2 SKETCH PROPERTY ADDRESS: 14004 IMMOKALEE RD A PORTION OF SECTION 23, TWN 48S,RNG 27E AND PARCEL 1 OF ORANGE TREE 3 CITRUS GREENS PLAT BOOK. 14 PAGE 121 PARCEL No,64700625608 ,-P.O.C. N.W.CORNER SECTION 23. / T-48-S, R-27-E, COLLIER COUNTY,FLORIDA. / /S89°53'08"E NORTH LINE OF SECTION75.`15' 23,T-48 S,R 27-E 7- —" 'OIL WELL ROAD • 700.10` _ ^^_.._.-- __ rN89° 53'€T8"W S89°53' 08''E 0 64' SOO° 06' 52"W ^'I II./7/--L'I P.O.B. SOUTH RIGHT-OF-WAY LINE 50.00' 00 I UTILITY 534.95' EASEMENT Z N89° 53' 08"VV 4 I ' — c2; I I 1 PARCEL 1 ° 'o L=245.03' LINE TABLE �LJ o 1° I LINE BEARING LENGTH �, r a R=12184.67' .. o �' ° " L'I S89° 53'0$"E 21.54' co to � J S01 00' 5't W o a L1=001° 09'08" L2 SOO°06'52"W 2.71' CV S00° 00' j'W / I 0. I-- 245,00 o CURVE TABLE ARC I �RADIUS DELTA CHORD CHORD CURVE I I/ LENGTH I BEARING I LENGTH C1 27.47' 26.00' 60°32'34" S 57° 03'39"W 26.21' 50 2.5 25 - _ yp - W C2 17.01' 12,184.67'100°04'48" N 01'33'01"E 17.01' PUBLIC ROAD }'PUBLIC ROAD! UTILIT! ' _ _ RIGHT-OF-WAY RIGHT-OF-WAN EASEKIFPIT PER PLAT i PER PLAT 1 PER PL\T GRAP}IIC SCALE LEGEND: 0 20 40 Bp P.O.C. - POINT OF COMMENCEMENT � ` P.O.B. - POINT OF BEGINNING 1 inchh 40II oa00000000000p000 aeo c MC O °00 i co°' o,„. ,r, Iy�/,°o °°0 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF '1' o v� 8567 "a"`t, PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA o * c o l, ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472,027, FLORIDA STATU(ES. o t 0k STATE OF o oa a00;9 SUMoo�!" MARK D. REGISTRATION PSM 6557 FOR COLLIER COUNTY be" �L/(/ //�j ""✓DA7E SIGNED: !! BOARD OF COUNTY COMM]SSIONERS 1TITLE: -- 549SWE COLLIER ___ -- COLLIER COUNTY, FLORIDA TRANSPORTATION ENGINEERING AIV1F11oN PROPERTY ADDRESS: 14004 IMMOKALEE RD UPL ,MAIM MN t939)1162-e1a DATE ( PROJ No. SHEET 'I of 2 FILE; —, 16B2 i I*;* THIS IS NOT A SURVEY y: EXHIBIT "A" SOMEPage 2 of 2 DESCRIPTION PROPERTY ADDRESS: I4004 IMivIOKALEE RD A PORTION OF SECTION 23, TWN 48S,RNG 27E AND PARCEL I OF ORANGETREE 3 CITRUS GREENS PLAT BOOK 14 PAGE 121 PARCEL No.64700625608 A PORTION OF PARCEL 1 OF ORANGETREE 3 CITRUS GREENS AS RECORDED IN PLAT BOOK 14, PAGE 121, LYING IN THE NORTH HALF OF SECTION 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST;THENCE ALONG THE NORTH LINE OF SAID SECTION 23, S 89°53' 08" E, 75.15 FEET; THENCE, S 0° 06'52" W, 50.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF OII,WELL ROAD. THENCE ALONG SAID RIGHT-OF-WAY LINE, S 89°53' 08" E, 18.64 FEET TO THE NORTHEAST CORNER OF PARCEL 188FEE AS DESCRIBED IN OFFICIAL RECORD 3485, PAGE 2766 AND TO THE POINT OF BEGINNING; THENCE DEPARTING SAID CORNER ALONG THE SOUTH RIGHT-OF-WAY LINE OF OIL WELL ROAD,S 89°53' 08" E, 2I.,54 FEET; THENCE, S 00°06'52" W, 2.71 FEET; THENCE A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 27.47 FEET, WITH A RADIUS OF 26.00 FEET, WITH A DELTA ANGLE OF 60°32'34", WITH A CHORD BEARING OF S 57° 03' 39" W, WITH A CHORD LENGTH OF 26,21 FEET'TO A POINT ON THE EASTERLY LINE OF PARCEL 188FEE; THENCE ALONG SAID LINE WITH A COMPOUND CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 17.01 FEET,WITH A RADIUS OF 12184.67 FEET, WITH A DELTA ANGLE OF 00°04' 48", WITH A CHORD BEARING OF N 01°33' 01" E, WITH A CHORD LENGTH OF 17.01 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 150.19 SQUARE FEET, 0.0035 ACRES. to00000000000 o�°° ®WIC'+ei°DOO pp oa000c000D ppp oo rpee Ntimoo o� °�o dba o ,a h O Y DaJVJ A p +��yw p Fi O 0 i[74, ..-.. $ * g 2 I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAT IT °o0 STATE OF o°o o MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF � PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA o°O�ooOooOCORItoo 400 ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. o��,°/�a�000r0 o0ao8,,00 M FLORIDA REGISTRATION MARK D. McCLEARY, S No 6557 //� � FOR COLLIER COUNTY _km N/ " ✓/'���-- t DATE SIGNED: BOARD OF COUNTY COMMISSIONERS [TITLE: 549SWE COLLIER COUNTY, FLORIDA TRANSPORTATION ENGINEERING DIVISION PROPERTY ADDRESS: 14004 IMMOKALEE RD MN eovrat eo101 Drava MAMA YLOHIOA 5410 (W? -a»A DATE I PROJ No. SHEET 2 of 2 FILE