Agenda 02/10/2015 Item #11F 2/10/2015 11 .F.
EXECUTIVE SUMMARY
Recommendation to approve a Memorandum of Agreement between the Collier County Water-
Sewer District, the Solid and Hazardous Waste Management Department, and the Parks and
Recreation Department related to the Northeast Facilities land acquisition.
OBJECTIVE: To reimburse the Collier County Water-Sewer District (CCWSD) for the appropriate
share of the Northeast Facilities land acquisition expenditures.
CONSIDERATIONS: On May 13, 2003, under agenda item 10C, the Board of County Commissioners
(Board), as Ex-officio the Governing Board of the Collier County Water-Sewer District, approved the
Sale and Purchase Agreement (Agreement) for 216.20 acres of land located immediately east of the
Collier County fairgrounds to accommodate anticipated northeast facilities. Section 11.021 of the
Agreement (Attachment 1) included plans for a regional park site, a water treatment plant, a water
reclamation facility, a recycling center, related utility facilities, and any other then lawful uses.
At the time of the land acquisition, Water and Wastewater Impact Fees were used to finalize the purchase
along with related recording, rezoning and abstract fees totaling $6,213,426. The Memorandum of
Agreement (MOA) (Attachment 2) allocates to the Solid and Hazardous Waste Management Department
(Solid Waste) and the Parks and Recreation Department (Parks) the appropriate portion of the land and
related acquisition costs, plus accrued interest since the acquisition at the county's historical pooled
interest rate, based on the acreage of each facility.
Acreage
Facility Allocation Percentage
NERWTP (Water) 80.905 ! 37.42%
NECWRF (Wastewater) 65.640 30.36%
NERC (Solid Waste) 10.350 ! 4.79%
BCIRP (Parks) 59.306 27.43%
Land acquisition and related costs are summarized in the table below.
Acquisition Costs
Water 37.42% $2,325,064
Wastewater 30.36% 1,886,396
sub-toal CCWSD 67.78% $4,211,460
Parks 27.43% $1,704,343
Solid Waste 4.79% 297,623
Grand Total 100.00% $6,213,426
Imputed interest at the county's historical pooled interest rate to be reimbursed to the CCWSD as a lost
opportunity cost totals $67,828 for Solid Waste and $388,420 for Parks. Schedule A of the MOA details
the calculation by year.
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Water and Wastewater facilities design and permitting were completed in 2009. Expenditures for land
acquisition and design/permitting total $14.8 million (Attachment 3). A map is attached for reference
(Attachment 4). Solid waste recycling center design services is currently out for bid.
The Northeast Facilities project will require future improvements to common areas and facilities that
benefit all parties such as roads, storm water retention ponds, etc. As these improvements are identified,
the parties to this Agreement agree to share those costs based on benefits received. The parties will visit
this once each fiscal year to identify, through amendments to this Agreement, the appropriate shared cost
allocations for all past and future expenditures.
FISCAL IMPACT: The total reimbursement to the CCWSD of$2,458,214 will be revenue in the Water
Impact Fee Fund (411) of $1,229,108, and in the Wastewater Impact Fee Fund (413) of $1,229,106.
Funds of$2,092,763 and $365,451 are available in the FY2015 Budget in the Unincorporated Community
and Regional Park Impact Fee Fund(346) and the Solid Waste Capital Fund (474)respectively.
Fund 411 Fund 413 Total
Land and related costs
Parks $852,172 $852,171 $1,704,343
Solid Waste $148,812 $148,811 $297,623
Total Land and Related Cost $1,000,984 $1,000,982 $2,001,966
Imputed Interest:
Parks $194,210 $194,210 $388,420
Solid Waste $33,914 $33,914 $67,828
Sub-total Interest $228,124 $228,124 $456,248
Total Reimbursement
Parks (Fund 346) $1,046,382 $1,046,381 $2,092,763
Solid Waste (Fund 474) $182,726 $182,725 $365,451
Grand Total $1,229,108 $1,229,106 $2,458,214
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval.—SRT
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the viability of public facilities.
RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of
the Collier County Water-Sewer District, approve the Memorandum of Agreement, authorize the
Chairman to sign after final review and approval by the County Attorney's office, and approve any
necessary budget amendments to transfer funds as stated in the fiscal impact section.
PREPARED BY: Joseph Bellone, Director,Financial Operations, Public Utilities
Toni Mott,Manager Real Property Management, Administrative Services
Amanda Townsend, Director, Operations/Veterans Services,Public Services
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ATTACHMENTS:
Attachment 1 —Sale and Purchase Agreement May 13, 2003, Item 10C
Attachment 2—Memorandum of Agreement
Attachment 3—CCWSD Facilities Cost Summary
Attachment 4-Map
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.F.
Item Summary: Recommendation to approve a Memorandum of Agreement between the
Collier County Water-Sewer District, the Solid and Hazardous Waste Management Department,
and the Parks and Recreation Department related to the Northeast Facilities land acquisition.
Meeting Date: 2/10/2015
Prepared By
Name: Joseph Bellone
Title: Director-Operations Support,Utilities Finance Operations
12/29/2014 1:32:53 PM
Submitted by
Title: Director-Operations Support,Utilities Finance Operations
Name: Joseph Bellone
12/29/2014 1:32:54 PM
Approved By
Name: HapkeMargie
Title: Recycling Coordinator, Solid &Hazardous Waste Management
Date: 12/30/2014 1:23:04 PM
Name: MottToni
Title: Manager-Property Acquisition & Const M, Facilities Management
Date: 12/31/2014 9:41:3 1 AM
Name: JacobsSusan
Title: Operations Analyst, Wastewater
Date: 1/6/2015 8:17:58 AM
Name: TownsendAmanda
Title: Director-Operations Support,Public Services Division
Date: 1/8/2015 1:15:40 PM
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Name: RodriguezDan
Title: Director- Solid Waste, Solid&Hazardous Waste Management
Date: 1/8/2015 4:20:02 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 1/15/2015 8:50:13 AM
Name: YilmazGeorge
Title: Administrator-Public Utilities, Public Utilities Division
Date: 1/27/2015 11:22:34 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 1/28/2015 3:54:16 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/29/2015 11:08:59 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 1/30/2015 4:43:56 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/2/2015 1:51:55 PM
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•r-- EXECUTIVE SUMMARY
APPROVE TWO AGREEMENTS FOR SALE AND PURCHASE WITH THE PAUL
FAMILY FOR THE PURCHASE OF PROPERTY TO HOUSE THE ST
REGIONAL WATER TREATMENT PLANT AND WATER
FACILITY AT A COST NOT TO EXCEED $6,007,000, PROJECT NUMBERS 70154
AND 73155.
OBJECTIVE: Request approval and execution of the attached two Agreements for Sale and
Purchase (Agreements) between the Board of County Commissioners of Collier County, Florida,
as the governing body of Collier County and as ex-officio the governing board of the Collier
County Water-Sewer District and (1) Bryan Paul, Inc., and The Bryan W. Paul Family Limited
Partnership, and (2) The J.R. Paul, Jr. Family Limited Partnership (Sellers). The two
Agreements are for a combined 216.20 acres located immediately east of the Collier County
fairgrounds.
CONSIDERATIONS: The purpose of this transaction is to acquire property to accommodate
the proposed Northeast Regional Water Treatment Plant and Water Reclamation Facility. The
need for these facilities has been identified in the 2001 and 2002 Water and Wastewater Master
Plan Updates.
Negotiations with the Sellers have been ongoing since April 2001 and a total purchase price of
$5,945,500 has been agreed upon. The purchase price breakdown by Agreement is:
SELLERS AREA PURCHASE PRICE
• The J.R. Paul,Jr. Family Limited Partnership (146.07 acres) $4,016,925
• Bryan Paul, Inc., and The Bryan W. Paul (70.13 acres) $1,928,575
Family Limited Partnership
The purchase price was based upon two appraisals prepared for the County by two independent
real estate appraisers. One appraiser valued the properties at $26,000 per acre and the other
appraiser set the fair unit value at $27,500 per acre. These appraisals are seven months old and
based upon a value update by our staff Real Estate Appraiser whereby, due to the passage of time
and concurrent appreciation of land values in the area, a current (updated) unit value of$30,300
can be supported. Because the purchase price is based upon the higher of the two independent
appraisals and not the average of those appraisals, approval of these Agreements will require an
affirmative vote of not less than four members of the Board(supermajority vote).
As a condition to these purchases, Sellers will be allowed to continue with currently existing
citrus grove operations on the properties for up to a period not to exceed three years, However,
the County can terminate this reservation at any time with 180 days notice. At the end of the
notice period, the County will become the owner of the citrus trees and be responsible for their
removal to accommodate the intended use of the property.
A IT
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EXECUTIVE SUMMARY
PAUL FAMILY PURCHASE
Page 2
Staff has received a favorable environmental report from the Collier County's Pollution Control
Department.
The attached Agreements have been reviewed and approved by the County Attorney's Office
and the Public Utilities Engineering Department. The Warranty Deed and all associated closing
documents will be reviewed by the County Attorney's Office and the Public Utilities
Engineering Department prior to closing.
FISCAL IMPACT: The total cost of acquisition should not exceed$6,007,000 ($5,945,500 for
the properties, $30,000 for appraisals, $1,500 for the Environmental Task Audit I, and
approximately $30,000 for title commitment, title policy and recording of related documents).
Sufficient funds are available for this obligation in the Water Impact Fee (Fund 411), Northeast
Regional Water Treatment Plant (Project Number 70154)and the Sewer Impact Fee (Fund 413),
Northeast Regional Water Reclamation Facility (Project Number 73155). The source of funds is
Water and Wastewater Impact Fees.
GROWTH MANAGEMENT IMPACT: The Project is recommended in the 2002 Water
Master Plan Update, adopted by the Board on February 25, 2003, Agenda Item 10(A), and the
2002 Wastewater Master Plan Update, adopted by the Board on February 25, 2003, Agenda Item
10(B).
RECOMMENDATION: That the Board of County Commissioners as the governing body of
Collier County and as ex-officio the governing board of the Collier County Water-Sewer
District,by approval of this Executive summary:
1. Approve the attached Agreements for Sale and Purchase; and
2. Authorize Chairman Tom Henning to execute these Agreements on behalf of the
County and the District; and
3. Authorize staff to prepare related vouchers and Warrants for payment; and •
4. Direct staff to proceed to acquire the subject properties and follow all appropriate
closing procedures including obtaining the acceptance of the proper conveyance
document and approval to record any and all necessary documents (after approval by
the County Attorney's Office) to have conveyed marketable fee simple title to the
properties.
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EXECUTIVE SUMMARY
PAUL FAMILY PURCHASE
Page 3
PREPARED BY:
N_AILLA' An . Pit-1D DATE: 5 � U
Cindy M.Erb,1Sr.Property Acquisition Specialist
Real Estate Services
i
ft l
REVIEWED
ti11� _..A. k&IR DATE: 5'Z-
Tan A.Mott, roperty Acquisition &Sales Supervisor 1
Real Estate Services
i
1
REVIEWED IlY. ��- DATE:
Charles E. Carrington,J ,SRAVA,Manager
Real Estate Services
_. - 7 DATE: -...4----..2-C>-3 •
REVIEWED BY: �`.._.�: .. �- ---
Dan Rodriguez,Inter' I' ctor
Facilities Manageru nt Department
i
! 3 /
REVIEWED BY: /(/._/ ../..) -�-,�'`i DATE: � r//// 0j
Roy BJAnderson,P.E.,Director
Public Utilities Engineering Department
APPROVED BY: cj :.c DATE: G�n 2
/--' -James W. DeLony,P.E., Adminis ator
f Public Utilities Division
AGENDA ITC'
NO. /0 J
MAY 1 3 2003
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FACT SHEET
DATE May 5,2003
SUBJECT: Northeast Regional Water Treatment Plant/Water Reclamation Facility—
Site Acquisition
1. Purpose: The information herein is provided as justification for the purchase of a
216 acre site for the Collier County Water-Sewer District's Water Treatment Plant
and Water Reclamation Facility to serve the Northeast Region as identified in the
current Water and Wastewater Master Plan Updates.
2. Background/Considerations:Q round/Cons iderations: The Public Utilities Division has been actively
pursuing the acquisition of a site for location of a Water Treatment Plant and Water
Reclamation Facility in the Northeast Region based on the need as identified in the
2001 and 2002 Water and Wastewater Master Plan Updates. The staff has
completed negotiations and is presenting Agreements for Sale and Purchase of three
(3) contiguous parcels located within the Orangetree PUD as shown on the attached
plan. This site is consistent with the location identified in the Master Plan Updates
and is centrally located for service to the proposed Northeast Region.
3. Future Actions/Considerations: A "Closing" date for this acquisition will
be established upon approval of the Agreements for Sale and Purchase by the Board
of County Commissioners. Such is tentatively set for June 30, 2003. Thence, it is
planned to remove the property from the Orangetree PUD and to either rezone the
property into a new Planned Unit Development (PUD) or to have the property
otherwise rezoned as necessary prerequisite to using the property as planned.
Concurrent with this activity, a consultant will be selected to prepare and proceed
with the design of the facilities to be located on the property. Services of a
consultant will also be necessary if the property is to be rezoned to a new PUD.
4. Coordination Required: Rezoning of the property will require coordination
between the Public Utilities Division and the Community Development and
Environmental Services Division. This coordination will also involve the selected
consultant if the property is to be rezoned to a new PUD.
AG£NOA ITEM
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5. Fiscal Impact: The total cost of this acquisition is estimated to be in the amount
of$6,007,000. Funding for this purpose is appropriated in the FY 03 budget. The
appropriations are contained in two funds. The funding associated with the Water
Treatment Plant is appropriated in the Water Impact Fee (Fund 411) under Project
Number 70154, Northeast Water Treatment Plant — Acquire Site. The funding
associated with the Sewer Plant is appropriated in the Sewer Impact Fee (Fund 413)
under Project Number 73155, Northeast Water Reclamation Facility— Acquire Site.
The source of funds is Water and Sewer impact fees.
6. Options: During the pursuit of this proposed acquisition, a number of other
potential sites were investigated but such were removed from consideration by the
current owners,
7. Recommendation: That the Board of County Commissioners approve the
Agreements for Sale and Purchase as presented herein. Such is recommended to
represent the most cost effective and appropriate site for location of a Water
Treatment Plant , Water Reclamation Facility and other related utility facilities to
serve the Northeast Region.
AGLKOA
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Packet Page-119-
_. -- -- • --- -
2/10/2015 11 .F.
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between THE J. R. PAUL, Jr.
FAMILY LIMITED PARTNERSHIP,a Florida limited partnership, (said party hereinafter
referred to as "Seller'), and the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT,(hereinafter referred to as"Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property`), located In Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference; and
WHEREAS, Purchaser is desirous of purchasing the Property,subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements,
NOW, THEREFORE, and for and In consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars($10.00),the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT.
1
1.01. In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property,described In Exhibit A .
1.02. Closing of this transaction is subject to concurrent closing of that certain
Agreement for Sale and Purchase by and between Purchaser and Bryan Paul,
Inc., and the Bryan W. Paul Family Limited Partnership for the conveyance of an
adjoining 70.13 acres to Purchaser.
II, PAYMENT OF PURCHASE PRICE.
2.01.
A. The Purchase Price(the'Purchase Price") for the Property shaft be Four Million
Sixteen Thousand Nine Hundred Twenty-Five Dollars ($4,016,925.00)
($27,500.00/acre for 146.07 acres) (U.S.currency)payable as outlined herein.
B. Within fifteen (15) business days of the execution by both parties hereof,
Purchaser shall deposit with Woodward, Pires & Lombardo, P.A. as Escrow
Agent, a deposit of$200,846.25 (representing 5%of the Purchase Price of the
Parcel).
The deposit shall be held by Escrow Agent in an interest bearing account to be
disbursed as provided herein. In the event that the safe of the Property as
contemplated by this Agreement Is closed In accordance with the terms and
conditions hereof, the Escrow Agent shall apply the earnest money deposit and
any interest thereon to the Purchase Price due on the date of closing. In the event
the Purchaser defaults under this Agreement or fails to close within fifteen (15)
days after the established closing date as set out in 3.01 for any reason other than
a default by the Seller or a catastrophic event beyond the reasonable control of the
Purchaser, the Escrow Agent shall release the earnest money to the Seller as
actual damages for the Purchaser's failure to close, and the Parties shall have no
further obligation to one another under this Agreement. In the event the Seiler fails
to close within fifteen (15) days after the established closing date as set out above
for any reason,to include any failure to deliver good and marketable title to the real
property, the Escrow Agent upon request of Purchaser shall release the earnest
AGENDA IT(M
NO. JO (
z T
MAY 1 3 2003
Packet Page-120-
PG. 7
2/10/2015 11 .F.
money to the Purchaser and the Parties shall have no further obligation ro one
another under this Agreement.
III. CLOSING.
3.01. The Closing (THE "CLOSING DATE", "DATE OF CLOSING', OR
"CLOSING") of the transaction shall be held on or before sixty(60)days following
execution of this Agreement by the Purchaser, unless extended by mutual written
agreement of the parties hereto. The Closing shall be held at the Collier County
Attorney's Office, Administration Building, 3301 Tamlami Trail East, Naples,
Florida. The procedure to be followed by the parties in connection with the Closing
shall be as follows:
3.011. Seiler shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications, except to the extent, if any, expressly accepted
by Purchaser in writing. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
Florida law, At the Closing, the Seller shall cause to be delivered to the
Purchaser the items specified herein and the following documents and
instruments duly executed and acknowledged, in recordable form:
3.0111. Warranty Deed in favor of Purchaser conveying title to the
Property, including but not limited to any existing wells currently located
on the Property,free and clear of all liens and encumbrances other than:
(a)The lien for current taxes and assessments.
(b)Such other easements, restrictions or conditions of record.
3.0112.Combined Purchaser-Seller closing statement.
3.0113. A "Gap,"Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the internal Revenue Code and as required
by the title insurance underwriter in order to insure the "Gap" and issue
the policy contemplated by the title insurance commitment:
3.0114. A W-9 Form, "Request for Taxpayer Identification and
Certification"as required by the Internal Revenue Service.
3.012. At the Closing, the Purchaser, or its authorized agent, shall cause to
be delivered to the Seller the following:
3.0121.A negotiable instrument(County Warrant)In an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment,referenced in Section 4.011 thereto,and the Title Company
is irrevocably committed to pay the Purchase Price to Seller and to issue
the Owner's title policy to Purchaser in accordance with the commitment
immediately after the recording of the deed.
3.0122. Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02. Each party shall be responsible for payment of its own attorney's fees.
Seller, at its sole cost and expense, shall pay at Closing all documentary stamp
taxes due relating to the recording of the Warranty Deed, in accordance with
Section 201.01, Florida Statutes, and the cost of recording any instruments
necessary to clear Seller's title to the Property. The cost of the Owner's Form B
Title Policy, issued pursuant to the Commitment provided for in Section 4.011
below, shall be paid by Purchaser. The cost of the title commitment shall also be
paid by Purchaser.
3.03. Purchaser shall pay for the cost of recording the Warren Deed. Real _ _
Property taxes shall be prorated based on the current year's tax wittiotkiei�r"
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allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seiler. If Closing occurs at a date for which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV. REQUIREMENTS AND CONDITIONS.
4.01. Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.011.Within fifteen(15)days after the date hereof, Purchaser shall obtain an
updated title commitment for an Owner's Title insurance Policy (ALTA Form
B-1970) covering the Property, together with hard copies of all exceptions
shown thereon. Purchaser shall have thirty(30) days, following receipt of the
updated title insurance commitment, to notify Seller in writing of any objection
to title other than liens evidencing monetary obligations, if any, which
obligations shall be paid at closing, If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012. If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement,the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title,Seller shall have thirty(30)days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to
make such title good and marketable, In the event Seller is unable to cure said
objections within said time period, Purchaser, by providing written notice to
Seller within seven (7)days after expiration of said thirty (30) day period, may
accept title as it then is,waiving any objection;or Purchaser may terminate the
Agreement, in which event the Seller and Purchaser will be released from any
liability under this Agreement and the deposits shall be returned to Purchaser.
A failure by Purchaser to give such written notice of termination within the time
period provided herein shall be deemed an election by Purchaser to accept the
exceptions to title as shown In the title commitment.
4.013. Purchaser shall have the option, at its own expense, to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Florida,
No adjustments to the Purchase Price shall be made based upon any change
to the total acreage referenced in Exhibit NA", if any. Seller agrees to furnish
any existing surveys of the Property,if any,to Purchaser within thirty(30)days
of execution of this Agreement,
V. APPRAISAL.
5.01. Purchaser has obtained the two(2)required appraisals in order to determine
the value of the Property pursuant to the requirements of Section 125.355, Florida
Statutes. The agreed Purchase Price stated in Paragraph 2.01 exceeds the
average of said two (2) independent appraisals, but does not exceed the highest
assessed value of those two (2) appraisals. Approval of this Agreement will
require approval by an affirmative vote of not less than four (4) members of the
Board of County Commissioners.
VI. INSPECTION PERIOD.
6.01. Purchaser shalt have thirty (30) days from the date of execution of this
Agreement by both parties, ("Inspection Period"),to determine through appropriate
investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2, There are no abnormal drainage or environmental require Ants to the
development of the Property. AGENDA rM
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3, The Property is in compliance with all applicable State ana t-eaerar
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended uses intended by Purchaser,which
uses are specified below in Section 11.023.
6.02. If Purchaser is not satisfied, for any reason whatsoever, with the results of
the aforementioned investigation, Purchaser shall deliver to Seller prior to the
expiration of the Inspection Period, written notice of its intention to waive the
applicable contingencies or to terminate this Agreement. if Purchaser fails to notify
the Seller in writing of its specific objections as provided herein within the
Inspection Period,it shall be deemed that the Purchaser is satisfied with the results
of its investigations and the contingencies of this Article VI shalt be deemed
• waived. in the event Purchaser elects to terminate this Agreement because of the
right of inspection, Purchaser shall deliver to Seller copies of all engineering
reports and environmental and soil testing results commissioned by Purchaser with
respect to the Property.
6.03. Purchaser and its agents, employees and servants shall, at their own risk
and expense, have the right to go upon the Property for the purpose of surveying
and conducting site analyses, soil borings and/or any other investigation(s)
deemed by Purchaser to be necessary. Purchaser shall, in performing such tests,
use due care and shall indemnify Seller on account of any loss or damages
occasioned thereby and against any claim made against Seller as a result of
Purchaser's entry. Purchaser shall notify Seller no less than twenty-four(24)hours
prior to said inspection of the Property.
VII. INSPECTION.
7.01. Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing subject to the
provisions contained herein.
VIII. POSSESSION.
8.01. Purchaser shall be entitled to full possession of the Property at Closing,
except to the extent, if any, provided otherwise by the reserved use rights to utilize
the Property for citrus operations as outlined further in Section 14.12 herein.
IX. PRORATIONS.
9.01. Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2003 taxes, and shall be
paid by Seller.
X. TERMINATION AND REMEDIES.
10.01. If any party shall have failed to perform any of the covenants and/or
agreements contained herein which are to be performed by such party, within ten
(10) days after written notification of such failure by the non-defaulting party, the
party providing such notice may, at its option, terminate this Agreement by giving
written notice of termination to the other defaulting party. Except as otherwise
provided herein, each party hereto shall have the right to seek and enforce all
rights and remedies that have not been waived and are otherwise available at law
or in equity to a contract vendee or contract vendor, including the right to seek
specific performance of this Agreement.
10.02. The parties acknowledge that the remedies described herein and in the
other provisions of this Agreement provide mutually satisfactory and sufficient
remedies to each of the parties, and take into account the peculiar risks and
expenses of each of the parties.
Xi. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES.
11.01. Seller and Purchaser represent and warrant the following:
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11.011. Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Neither Seller nor Purchaser are presently the
subject of a pending, threatened or contemplated bankruptcy proceeding or
any other court and/or administrative proceeding that might affect Seller's or
Purchaser's obligations under this Agreement.
11.012. Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
• Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. Except as to final approval
of this Agreement by the Board of County Commissioners, all necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute this Agreement, At Closing, certified copies of such
approvals shall be delivered to Purchaser and/or Seller, if required by law, or if
not required by law, if requested by the respective party.
11.013. The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Except as to all provisions in
this Agreement that survive the closing, Purchaser's acceptance of a deed to
the said Property shall be deemed to be full performance and discharge of
every agreement and obligation on the part of the Seller to be performed
pursuant to the provisions of this Agreement.
11.014. No entity or individual other than Purchaser has any right or option to
acquire the Property or any portion thereof.
11.015. Seller represents that there are no incinerators, septic tanks or
cesspools on the Property;all waste,if any,is discharged into a public sanitary
sewer system; Seller represents that it has no knowledge or reason to believe
that any unlawful, unauthorized, or non-permitted pollutants are or have been
discharged from the Property, directly or indirectly into any body of water.
Seller represents that the Property has not been used for the production,
handling, storage, transportation, manufacture or disposal of any hazardous or
any toxic substances or wastes, as such terms are defined in applicable laws
and regulations (other than the application of chemicals in accordance with
labeling instructions in the ordinary care of the citrus grove located on the
Property), or any other activity that would have toxic results, and no such
hazardous or toxic substances are currently used in connection with the
operation of the Property (other than the application of chemicals in
accordance with labeling instructions in the ordinary care of the citrus grove
located on the Property),and there is no proceeding or inquiry by any authority
with respect thereto. Seller represents that it has no knowledge or reason to
believe that there is ground water contamination on the Property or potential of
ground water contamination from neighboring properties. Seller represents
that except for above ground diesel fuel tanks located within containment
areas in compliance with existing laws no storage tanks for gasoline or any
other substances are or were located on the Property at any time during or
prior to Seller's ownership thereof. Seller represents that none of the Property
has been used as a sanitary landfill by Seller.
11.016. Seller has no knowledge nor reason to believe that the Property and
Seller's operations concerning the Property are in violation of any applicable
Federal, State or local statute, law or regulation, or of any notice from any
governmental body has been served upon, delivered to, or otherwise come to
the attention of Seller claiming or noticing any alleged violation of any law,
ordinance, code or regulation or requiring or calling attention to the need for
any work, repairs, construction, alterations or installation on or in connection
with the Property in order to comply with any laws, ordinances, codes or
regulation with which has not been complied with.
11.017.Seller warrants that there are no unrecorded restrictions,easements or
rights of way (other than existing zoning regulations) that restrict or affect
Purchaser's planned uses of the property, and there are no maintenance,
construction, advertising, management, leasing, employment, s-i' ••other
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contracts that will adversely affect Purchaser's planned uses of the Property
other than those described,outlined,or provided for in this Agreement.
11.018.Neither Seller nor Purchaser have knowledge or reason to believe that
there are any claims, suits,actions or arbitration, bond issuances or proposals
therefore, proposals for public improvement assessments, pay-back
agreements,paving agreements,road expansion or improvement agreements,
utility moratoriums, use moratoriums, improvement moratoriums,
administrative or other proceedings or governmental investigations or
requirements, formal or Informal, existing or pending or threatened which
affects or which may affect the Property or which adversely affects Seller's
ability to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
11.019. Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not attempt to cause the physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing with the exception of
continuing the current ordinary citrus grove operations. Therefore, except for
ordinary citrus grove operations(and always subject to the Notice to Terminate
such uses), Seller agrees not to enter into any contracts or agreements
pertaining to or affecting the Property and not to do any act or omit to perform
any act which could change the physical condition of the Property or the
governmental ordinances or laws governing any of the same. Seiler also
agrees to notify Purchaser promptly of any change in the facts contained in the
foregoing representations, or of any claim, action or notice, that may be
proposed or promulgated by any third parties or any governmental authorities
having jurisdiction of the development of the property which may restrict or
change any other condition of the Property.
11.020. At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
11.021. Notwithstanding anything elsewhere in this Agreement, including
Section VI, Seller represents, warrants and agrees to indemnify, reimburse,
defend and hold Purchaser harmless from any and all costs (including
attorney's fees) asserted against, imposed on or incurred by Purchaser,
directly or indirectly, pursuant to or in connection with the application of any
federal, state, local or common law relating to pollution or protection of the
environment which shall be in accordance with, but not limited to, the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980,42 U.S.C.Section 9601,et seq., ("CERCtA" or"Superfund"), which was
amended and upgraded by the Superfund Amendment and Reauthorization
Act of 1986 ('SARA"), including any amendments or successor in function to
these acts, which costs are asserted, imposed, or incurred because of a
Property condition that existed before Closing. This provision and the rights of
Purchaser, hereunder, shall survive Closing and are not deemed satisfied by
conveyance of title.
11.022..Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
11.023. Purchaser plans to use the property to be purchased pursuant to this
Agreement for a park site,a water treatment plant,a water reclamation facility,
a recycling center, related utility facilities and any other then lawful uses;
provided however, that Purchaser covenants and agrees (which covenant and
agreement shall survive Closing, shall run with the land in perpetuity and shall
be stated in the Deed from Seller to Purchaser)that the Property shall be used
only for a park site, a water treatment plant, a water reclamation facility and a
recycling center. Seller warrants that there are no existing easements for the
use or benefit of Seller or any partner, shareholder or co-own= • - -
will adversely impair or will adversely restrict any use of the •rogfrtrf cte-T�,:
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purchased by Purchaser. Therefore, if it is ever discovered or noticed that any
provision of any such easement, if allowed to thereafter exist, will adversely
restrict or impede any use by the Purchaser, the Purchaser may request the
Seller in writing to relinquish and otherwise extinguish its interest in each such
easement provision that in the judgment of the County's Public Utilities
Administrator, or his designee, reasonably exercised adversely impedes or
restricts full use of the property to be purchased by the Purchaser, and upon
written request from the Purchaser, Seller will promptly deliver to the
Purchaser (as the case may be) all fully executed documents deemed by the
Purchaser to be needed to relinquish any and all such interests, all at no cost
or expense to the Purchaser.
11.024. Purchaser plans to remove the Property from the Orangetree PUD.
Purchaser plans either to rezone the Property into a new Planned Unit
Development (PUD) or to have the Property otherwise rezoned as necessary
prerequisite to using the Property as planned by Purchaser. Seller hereby
agrees to fully cooperate with regard to such rezoning, all conditional use
applications, and other approvals with the understanding that such rezoning,
conditional uses, and other approvals will be subject to all of the use
restrictions specified in this Agreement,all of which shall survive the Closing,
XII. NOTICES. •
12.01. Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by registered, or certified
mail, return receipt requested,postage prepaid,addressed as follows:
If to Purchaser: Real Estate Services
Administration Building
3301 Tamlami Trail East
Naples, Florida 34112
With a copy to: County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
If to Seller: The J.R.Paul Family Limited Partnership
do Bryan W. Paul
County Road 78A, P.O. Box 2357
Labelle, FL 33935
With a copy to: Anthony P. Pires,Jr.
Woodward, Pires&Lombardo,P.A.
3200 Tamiami Trail North, Suite 200
Naples, FL 34103
12.02. The addressees and addresses for the purpose of this Agreement may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein, For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be conclusively deemed to
continue in effect for all purposes. Each party shall be required to provide to the
other party written notice of any such change in address. This Provision 12.02
shall survive Closing.
XIiI. REAL ESTATE BROKERS.
13.01. Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a septic "c,
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agreement, if any. Purchaser warrants that there is no broker or any otner person
or entity acting as any real estate broker, salesman or representative on
Purchaser's behalf in connection with the transaction contemplated by this
Agreement.
M.MISCELLANEOUS.
14.01. This Agreement may be executed in any manner of counterparts, which
together shall constitute the agreement of the parties.
14.02. This Agreement and the terms and provisions hereof shall be effective as
of the date this Agreement is executed by both parties and shall inure to the
benefit of and be binding upon the parties hereto and their respective heirs,
executors, personal representatives, successors, successor trustee, and
assignees whenever the context so requires or admits.
14.03. No amendment to this Agreement shall bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seiler. Unless specified otherwise in the respective Amendment, each
amendment to this Agreement shall be binding upon Purchaser and Seller as
soon as it has been executed by both parties.
14.04. Captions and section headings contained in this Agreement are for
convenience and reference only and in no way do they define,describe, extend or
limit the scope or intent of this Agreement or arty provisions hereof.
14.05. All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may allow.
14.06. No waiver of any provision of this Agreement shall be effective unless it is
in writing signed by the party against whom It is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
14.07. if any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
14,08. Seller is aware of and understands that the'offer"to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
14.09. If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Purchaser. (If the corporation is 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 hereby exempt from the
provisions of Chapter 286, Florida Statutes.)
14.10. The Purchaser will comply fully with all then applicable laws, codes,
ordinances, rules and regulations. This Provision 14.10 shall survive Closing.
14.11. Seller can enter into a separate agreement with the Purchaser whereby the
Seller can purchase treated effluent, if available, for irrigation purposes in
accordance with the then current Collier County's Effluent Ordinance in effect.
14.12. Seller hereby reserves to itself(for a period of three (3)years following the
date of Closing) a right to use the Property to continue its currently existing citrus
farming activities, without interference by Purchaser. Purchaser Is authorized to
terminate this reservation of use. No such termination shall be effective until one
hundred and eighty (180) days after Seller's receipt of written n ice roma erser ,
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Purchaser of Purchaser's decision to terminate the use. The parties acknowledge
and agree that the Purchaser is purchasing the citrus trees located on the
Property. Seller shall be solely responsible for the survival of the citrus trees until
title to the trees transfers to Purchaser. Title to all citrus trees on the Property will
automatically transfer to the Purchaser 180 days of receipt by Seller of the Notice
to Terminate (the reserved use), or on the expiration date of the three (3) year
period, whichever date occurs first. Seller retains all rights to and shall be the
recipient of any and all citrus canker compensation applicable or available to the
citrus groves on the Property and Purchaser agrees to execute all documents
reasonably required to effectuate payment to Seller of such compensation. Seller
is responsible for maintaining and spraying the citrus trees In accordance with
State of Florida Agricultural Department requirements and recommendations and
agrees to indemnify.and save harmless the Purchaser against any and all claims
whatsoever as the result of Seller's continued citrus grove operations as provided
for herein.
14.13.This Agreement is governed and construed In accordance with the laws of
the State of Florida.
14.14. Prior to the placement or construction of any facilities or improvements in,
on or under the Property by Purchaser, Purchaser shall provide adjacent to the
southernmost boundary of the Property a thirty-foot (30')wide landscape buffer to
include a hedge five feet (5') in height, three feet(3') in spread and spaced a
maximum of four feet(4') on center at planting, together with two staggered rows
of trees spaced no more than thirty feet (30') on center. Purchaser reserves the
right to construct wellheads within this buffer area
XV. ENTIRE AGREEMENT.
15.01. This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed and
dated by both Purchaser and Seller. Time is of the essence with regard to all
provisions in this Agreement.
IN WITNESS WHEREOF,the parties hereto set forth their hands seals.
Project/Acquisition Approved by Collier County Board of County Commissioners on the
day of , 2003.
AS TO PURCHASER:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY, FLORIDA AS THE
GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
,Deputy Clerk TOM HENNING,Chairman
AGENDA STEF
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AS TO SELLERS(Limited Partnership):
DATED: aY3 •
V
WITNESSES:
THE J.R. PAUL FAMILY LIMITED
PARTNERSHIP,a Florida Limited
Partnership
FIR WiT�I E i nature
� ( 9
CT WITNE S Printed Name)
FIR.
BY: �XA „
J.R. PAUL,JR.,General Partner
SE ON ITNESS(Signature)
SECOND WITNESS(Printed Name)
Approved as to form and
legal sufficiency:
Thomas Palmer
Assistant County Attorney
•
NO,
AGEND/O A ITEM
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Exhibit "A"
DESCRIPTION
t
PART OF SECTIONS 11, 12, 13 AND 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA
ALL THAT PART OF SECTIONS 11, 12, 13 AND 14, TOWNSHIP 48 SOUTH, RANGE
27 EAST AND PART OF SECTIONS 7 AND 10, TOWNSHIP 48 SOUTH, RANGE 28
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE
ALONG THE NORTH LINE OF SAID SECTION 14, SOUTH 88°10'34" EAST 50.01
FEET TO THE EAST RIGHT OF WAY LINE OF S-846 (IMMOKALEE ROAD); THENCE
ALONG SAID RIGHT OF WAY LINE NORTH 01°53'16" EAST 269.20 FEET TO THE
SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN P.B. 7, PAGE 61, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE ALONG SAID SOUTH LINE SOUTH 88°08'24" EAST
3151.50 FEET TO THE POINT QF BEGINNING OF THE PARCEL HEREIN
DESCRIBED; THENCE CONTINUE 'ALONG SAID SOUTH LINE OF UNIT 59 SOUTH
88°08'24" EAST 2142.74 FEET TO THE EAST LINE OF SAID SECTION 11; THENCE
ALONG THE SOUTH LINE OF SAID UNIT 59 AND THE SOUTH LINE OF GOLDEN
GATE ESTATES UNIT 60 ACCORDING TO THE PLAT-THEREOF AS RECORDED IN
P.B. 7, PAGE 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SOUTH
88°08'24" EAST 2600.14 FEET; THENCE SOUTH 01°51'36" WEST 764.99 FEET;
THENCE NORTH 88°08'24"WEST 1676.51 FEET;THENCE SOUTH 01°51'36"WEST
450.00 FEET; THENCE NORTH 88°08'24" WEST 511.83 FEET; THENCE SOUTH
76°51'16"WEST 431.02 FEET TO THE EAST LINE OF SAID SECTION 14; THENCE
SOUTH 76°51'16" WEST 2214.66 FEET; THENCE NORTH 01'53'16" EAST 1632.79
FEET TO THE NORTH LINE OF SAID SECTION 14; THENCE NORTH 01°53'16"
EAST 267.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
CONTAINING 135.06 ACRES OF LAND MORE OR LESS.
AND
PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE
ALONG THE NORTH LINE OF SAID SECTION 14, SOUTH 88°10'34" EAST 50.01
FEET TO THE EAST RIGHT OF WAY LINE OF 8.846 (IMMOKALEE ROAD);THENCE
ALONG SAID RIGHT OF WAY LINE NORTH 01°53'16" EAST 269.20 FEET TO THE
SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN P.B. 7, PAGE 61, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE ALONG SAID SOUTH LINE SOUTH 88°08'24" EAST
3151.50 FEET;THENCE CONTINUE ALONG SAID SOUTH LINE OF UNIT 59 SOUTH
88°08'24"EAST 2142.74 FEET TO THE EAST LINE OF SAID SECTION 11; THENCE
ALONG THE SOUTH LINE OF SAID UNIT 59 AND THE SOUTH LINE OF GOLDEN
GATE ESTATES UNIT 60 ACCORDING TO THE PLAT THEREOF AS RECORDED IN
P.8. 7, PAGE 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SOUTH
88°08'24" EAST 2600.14 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED; THENCE CONTINUE SOUTH 88°08'24" EAST 569.74 FEET;
THENCE SOUTH 01°51'36"WEST 1214.99 FEET; THENCE NORTH 88°08'24"WEST
96.25 FEET; THENCE NORTH 01°51'36" EAST 450.00 FEET; THENCE NORTH
88°08'24" WEST 473.49 FEET; THENCE NORTH 01°51'36" EAST 764.99 FEET TO
THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD; CONTAINING 11.00 ACRES OF
LAND MORE OR LESS.
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AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between BRYAN PAUL, INC., a
Florida corporation, and THE BRYAN W. PAUL FAMILY LIMITED PARTNERSHIP, a
Florida limited partnership, (said parties hereinafter collectively referred to as "Sellers"
and individually as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT, (hereinafter referred to as°Purchaser").
WITNESSETH
WHEREAS, Sellers are the owner of that certain parcel of real property (hereinafter
referred to as 'Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A°, attached hereto and made a part hereof by
reference;and
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Sellers are agreeable to such sale and
to such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars($10.00),the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT.
1.01. In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Sellers shall sell to Purchaser and Purchaser shall purchase
from Sellers the Property,described In Exhibit"A°.
1.02. Closing of this transaction is subject to concurrent closing of that certain
Agreement for Sale and Purchase by and between Purchaser and the J. R. Paul,
Jr. Family Limited Partnership for the conveyance of an adjoining 146.07 acres to
Purchaser.
II. PAYMENT OF PURCHASE PRICE,
2.01.
A. The Purchase Price (the "Purchase Price") for the Property owned by Bryan
Paul, Inc ("Parcel "A") shall be Two Hundred Seventy Two Thousand Eight
Hundred Dollars ($272,800.00) ($27,500.00/acre for 9.92 acres) (U.S.
currency)payable as outlined herein.
B. The Purchase Price(the'Purchase Price")for the Property owned by the Bryan
W. Paul Family Limited Partnership (Parcel "B") shall be One Million Six
Hundred Fifty-Five Thousand Seven Hundred Seventy-Five Dollars
($1,655,775.00) ($27,500.00/acre for 60.21acres) (U.S. currency) payable as
outlined herein.
C. Within fifteen (15) business days of the execution by both parties hereof
Purchaser shall deposit with Woodward, Pires & Lombardo, P.A. as Escrow
Agent the following deposit as to each parcel deposit (representing 5% of the
Purchase Price of the Parcel):
I. As to Parcel"A": $13,640.00
II. As to Parcel"B": $82,788.75
The deposit shall be held by Escrow Agent in an interest bearing account to be
disbursed as provided herein. In the event that the sale of thee Property as
contemplated by this Agreement is closed in accordance with t terrms�o in
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conditions hereof, the Escrow Agent shall apply the earnest money deposit and
any Interest thereon to the Purchase Price due on the date of closing. In the event
the Purchaser defaults under this Agreement or fails to close within fifteen (15)
days after the established closing date as set.out in 3.01for any reason other than
a default by the Sellers or a catastrophic event beyond the reasonable control of
the Purchaser,the Escrow Agent shall release the earnest money to the Sellers as
actual damages for the Purchaser's failure to close,and the Parties shall have no
further obligation to one another under this Agreement. In the event the Sellers fail
to close within fifteen(15) days after the established closing date as set out above
for any reason,to include any failure to deliver good and marketable title to the real
property, the Escrow Agent upon request of Purchaser shall release the earnest
money to the Purchaser and the Parties shall have no further obligation to one
another under this Agreement.
III. CLOSING.
3.01. The Closing (THE "CLOSING DATE", 'DATE OF CLOSING", OR
'CLOSING") of the transaction shall be held on or before sixty(60) days following
execution of this Agreement by the Purchaser, unless extended by mutual written
agreement of the parties hereto. The Closing shall be held at the Collier County
Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples,
Florida. The procedure to be followed by the parties in connection with the Closing
shall be as follows:
3.011. Sellers shall convey a marketable title free of any liens,
encumbrances, exceptions, or qualifications, except to the extent, if any,
expressly accepted by Purchaser in writing. Marketable title shall be
determined according to applicable title standards adopted by the Florida Bar
and in accordance with Florida law. At the Closing,the Sellers shall cause to
be delivered to the Purchaser the items specified herein and the following
documents and instruments duly executed and acknowledged, in recordable
form:
3.0111. Warranty Deed in favor of Purchaser conveying title to the
Property, including but not limited to any existing wells currently located
on the Property,free and clear of all liens and encumbrances other than:
(a)The lien for current taxes and assessments.
(b)Such other easements, restrictions or conditions of record.
3.0112.Combined Purchaser-Seller closing statement.
3.0113.A "Gap,"Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the 'Gap' and Issue
the policy contemplated by the title insurance commitment.
3.0114. A W-9 Form, "Request for Taxpayer Identification and
Certification"as required by the Internal Revenue Service.
3.012. At the Closing, the Purchaser, or its authorized agent, shall cause to
be delivered to the Sellers the following:
3.0121.A negotiable instrument(County Warrant)in an amount equal to
the Purchase Price, No funds shall be disbursed to Sellers until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto,and the Title Company
is irrevocably committed to pay the Purchase Price to Sellers and to
issue the Owner's title policy to Purchaser in accordance with,the
commitment Immediately after the recording of the deed.
3.0122. Funds payable to the Sellers representing the cash payment due
at Closing in accordance with Article III hereof, shall be.subject to
adjustment for prorations as hereinafter set forth. # AGEROA rrry.
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3.02. Each party shall be responsible for payment of its own attorney's fees.
Sellers, at their sole cost and expense,shall pay at Closing all documentary stamp
taxes due relating to the recording of the Warranty Deed, in accordance with
Section 201.01, Florida Statutes, and the cost of recording any Instruments
necessary to clear Sellers' title to the Property. The cost of the Owner's Form B
Title Policy, issued pursuant to the Commitment provided for in Section 4.011
below, shall be paid by Purchaser. The cost of the title commitment shall also be
paid by Purchaser.
3.03. Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Sellers. if Closing occurs at a date for which
the current year's millage is not fixed,taxes will be prorated based upon such prior
year's millage.
IV. REQUIREMENTS AND CONDITIONS,
4.01. Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Sellers, as the case may be, shall
perform the following within the times stated,which shall be conditions precedent
to the Closing;
4.011.Within fifteen (15) days after the date hereof, Purchaser shall obtain an
updated title commitment for an Owner's Title Insurance Policy (ALTA Form
8-1970) covering the Property, together with hard copies of all exceptions
shown thereon. Purchaser shall have thirty (30) days, following receipt of the
updated title insurance commitment, to notify Sellers in writing of any objection
to title other than liens evidencing monetary obligations, if any, which
obligations shall be paid at closing. If the title commitment contains exceptions
that make the title unmarketable, Purchaser shall deliver to the Sellers written
notice of its intention to waive the applicable contingencies or to terminate this
Agreement.
4.012. If Purchaser shall fail to advise the Sellers in writing of any such
objections in Sellers'title in the manner herein required by this Agreement,the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title, Sellers shall have thirty (30) days to remedy any defects in order to
convey good and marketable title, except for liens or monetary obligations
which will be satisfied at Closing, Sellers,at their sole expense, shall use their
best efforts to make such title good and marketable. in the event Sellers are
unable to cure said objections within said time period, Purchaser, by providing
written notice to Sellers within seven (7)days after expiration of said thirty(30)
day period, may accept title as it then is, waiving any objection; or Purchaser
may terminate the Agreement, in which event the Sellers and Purchaser will be
released from any liability under this Agreement and the deposits shall be
returned to Purchaser. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to title as shown in the title commitment.
4.013. Purchaser shall have the option,at its own expense,to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Florida.
No adjustments to the Purchase Price shall be made based upon any change
to the total acreage referenced in Exhibit"A", If any. Sellers agree to furnish
any existing surveys of the Property, if any,to Purchaser within thirty (30)days
of execution of this Agreement.
V. APPRAISAL.
5.01. Purchaser has obtained the two(2) required appraisals in order to determine
the value of the Property pursuant to the requirements of Section 125.355, Florida
Statutes. The agreed Purchase Price stated in Paragraph 2.01 exceeds the
average of said two (2) independent appraisals, but does not exceed the highest
assessed value of those two (2) appraisals. Approval of this Agreemlbitlntukiit7° 1-
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require approval by an affirmative vote of not less than four (4) members of the
Board of County Commissioners.
VI. INSPECTION PERIOD.
6.01. Purchaser shall have thirty (30) days from the date of execution of this
Agreement by both parties, ("inspection Period'), to determine through appropriate
investigation that:
1, Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking,soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended uses intended by Purchaser,which
uses are specified below in Section 11.023.
6.02. if Purchaser is not satisfied, for any reason whatsoever, with the results of
the aforementioned investigation, Purchaser shall deliver to Sellers prior to the
expiration of the Inspection Period, written notice of its intention to waive the
applicable contingencies or to terminate this Agreement. If Purchaser fails to notify
the Sellers in writing of its specific objections as provided herein within the
Inspection Period,it shall be deemed that the Purchaser is satisfied with the results
of its investigations and the contingencies of this Article VI shall be deemed
waived. In the event Purchaser elects to terminate this Agreement because of the
right of inspection, Purchaser shall deliver to Sellers copies of all engineering
reports and environmental and soil testing results commissioned by Purchaser with
respect to the Property.
6.03, Purchaser and its agents, employees and servants shall, at their own risk
and expense, have the right to go upon the Property for the purpose of surveying
and conducting site analyses, soil borings and/or any other investigation(s)
deemed by Purchaser to be necessary. Purchaser shall, in performing such tests,
use due care and shall indemnify Sellers on account of any loss or damages
occasioned thereby and against any claim made against Sellers as a result of
Purchaser's entry. Purchaser shall notify Sellers no less than twenty-four (24)
hours prior to said inspection of the Property.
VII. INSPECTION.
7.01. Sellers acknowledge that the Purchaser,or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing subject to the
provisions contained herein.
VIII. POSSESSION.
8.01. Purchaser shall be entitled to full possession of the Property at Closing,
except to the extent,if any,provided otherwise by the-reserved use rights to utilize
the Property for citrus operations as outlined further in Section 14.12 herein.
IX. PRORATIONS.
9.01. Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2003 taxes, and shall be
paid by Sellers.
X. TERMINATION AND REMEDIES.
10.01. If any party shall have failed to perform any of the covenants and/or
agreements contained herein which are to be performed by such party,within ten
(10)days after written notification of such failure by the non-defaulting party, the
party providing such notice may, at its option, terminate this Agreement by giving
written notice of termination to the other defaulting party. Exce t as otherwise
provided herein, each party hereto shall have the right to seek nd enfdreVa1ircH 1
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rights and remedies that have not been waived and are otherwise
or in equity to a contract vendee or contract vendor, including the right to seek
specific performance of this Agreement.
10.02. The parties acknowledge that the remedies described herein and in the
other provisions of this Agreement provide mutually satisfactory and sufficient
remedies to each of the parties, and take into account the peculiar risks and
expenses of each of the parties.
Xl.SELLERS'AND PURCHASER'S REPRESENTATIONS AND WARRANTIES.
11.01.Sellers and Purchaser represent and warrant the following:
11.011.Sellers and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Neither Sellers nor Purchaser are presently the
subject of a pending, threatened or contemplated bankruptcy proceeding or
any other court and/or administrative proceeding that might affect Sellers' or
Purchaser's obligations under this Agreement.
11.012. Sellers have full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform their obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. Except as to final approval
of this Agreement by the Board of County Commissioners, all necessary
authorizations and approvals have been obtained authorizing Sellers and
Purchaser to execute this Agreement. At Closing, certified copies of such
approvals shall be delivered to Purchaser and/or Sellers, if required by law, or
if not required by law,if requested by the respective party.
11.013.The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Except as to all provisions In
this Agreement that survive the closing, Purchaser's acceptance of a deed to
the said Property shall be deemed to be full performance and discharge of
every agreement and obligation on the part of the Sellers to be performed
pursuant to the provisions of this Agreement.
11.014. No entity or individual other than Purchaser has any right or option to
acquire the Property or any portion thereof.
11.015. Sellers represent that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Sellers represent that they have no knowledge or reason to
believe that any unlawful, unauthorized, or non-permitted pollutants are or
have been discharged from the Property, directly or indirectly into any body of -
water. Sellers represent that the Property has not been used for the
production, handling, storage, transportation, manufacture or disposal of any
hazardous or any toxic substances or wastes, as such terms are defined in
applicable laws and regulations (other than the application of chemicals in
accordance with labeling instructions in the ordinary care of the citrus grove
located on the Property), or any other activity that would have toxic results,and
no such hazardous or toxic substances are currently used in connection with
the operation of the Property (other than the application of chemicals in
accordance with labeling instructions in the ordinary care of the citrus grove
located on the Property),and there is no proceeding or Inquiry by any authority
with respect thereto.Sellers represent that they have no knowledge or reason
to believe that there is ground water contamination on the Property or potential
of ground water contamination from neighboring properties. Sellers represent
that except for above ground diesel fuel tanks located within containment
areas in compliance with existing laws no storage tanks for gasoline or any
other substances are or were located on the Property at any time during or
prior to Sellers'ownership thereof. Sellers represent that none of the Property
has been used as a sanitary landfill by Sellers.
11.016.Sellers have no knowledge nor reason to believe that the Pro a and
Sellers' operations concerning the Property are in violation of y a plksaile rrrr,
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Federal, State or local statute, law or regulation, or of any notice from any
governmental body has been served upon, delivered to, or otherwise come to
the attention of Sellers claiming or noticing any alleged violation of any law,
ordinance, code or regulation or requiring or calling attention to the need for
any work, repairs, construction, alterations or installation on or in connection
with the Property in order to comply with any laws, ordinances, codes or
regulation with which has not been complied with.
11.017.Sellers warrant that there are no unrecorded restrictions,easements or
rights of way (other than existing zoning regulations) that restrict or affect
Purchaser's planned uses of the property, and there are no maintenance,
construction, advertising, management, leasing, employment, service or other
contracts that will adversely affect Purchaser's planned uses of the Property
other than those described,outlined,or provided for in this Agreement.
11.018. Neither Sellers nor Purchaser have knowledge or reason to believe
that there are any claims, suits, actions or arbitration, bond Issuances or
proposals therefore,proposals for public improvement assessments, pay-back
agreements,paving agreements, road expansion or improvement agreements,
utility moratoriums, use moratoriums, .' improvement moratoriums,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affects or which may affect the Property or which adversely affects Sellers'
ability to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
11.019. Sellers acknowledge and agree that Purchaser is entering into this
Agreement based upon Sellers' representations stated above and on the
understanding that Sellers will not attempt to cause the physical condition of
the Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing with the exception of
continuing the current ordinary citrus grove operations. Therefore, except for
ordinary citrus grove operations (and always subject to the Notice to Terminate
such uses), Sellers agree not to enter into any contracts or agreements
pertaining to or affecting the Property and not to do any act or omit to perform
any act which could change the physical condition of the Property or the
governmental ordinances or laws governing any of the same.. Sellers also
agree to notify Purchaser promptly of any change in the facts contained in the
foregoing representations, or of any claim, action or notice, that may be
proposed or promulgated by any third parties or any governmental authorities
having jurisdiction of the development of the property which may restrict or
change any other condition of the Property.
11.020. At the Closing, Sellers shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
11.021. Notwithstanding anything elsewhere in this Agreement, including
Section VI, Sellers represent, warrant and agree to indemnify, reimburse,
defend and hold Purchaser harmless from any and all costs (including
attorneys fees) asserted against, imposed on or incurred by Purchaser,
directly or indirectly, pursuant to or in connection with the application of any
federal, state, local or common law relating to pollution or protection of the
environment which shall be in accordance with, but not limited to, the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980, 42 U.S.C.Section 9801, et seq., ('CERC[A'or'Superfund'),which was
amended and upgraded-by the Superfund Amendment and Reauthorization
Act of 1986 ('SARA"), including any amendments or successor in function to
these acts, which costs are asserted, imposed, or incurred because of a
Property condition that existed before Closing. This provision and the rights of
Purchaser, hereunder, shall survive Closing and are not deemed satisfied by
conveyance of title.
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11.022. Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Sellers'sole risk and expense.
11.023. Purchaser plans to use the property to be purchased pursuant to this
Agreement for a park site, a water treatment plant,a water reclamation facility,
related utility facilities and any other then lawful uses; provided however, that
Purchaser covenants and agrees(which covenant and agreement shall survive
Closing, shall run with the land in perpetuity and shall be stated in the Deed
from Sellers to Purchaser) that the Property shall be used only for a park site,
a water treatment plant and a water reclamation facility. Sellers warrant that
there are no existing easements for the use or benefit of Sellers or any partner,
shareholder or co-owner of Sellers that will adversely impair or will adversely
restrict any use of the property to be purchased by Purchaser. Therefore, if it
is ever discovered or noticed that any provision of any such easement, if
allowed to thereafter exist, will adversely restrict or impede any use by the
Purchaser, the Purchaser may request the Sellers in writing to relinquish and
otherwise extinguish their interest in each such easement provision that in the
judgment of the County's Public Utilities Administrator, or his designee,
reasonably exercised adversely impedes or restricts full use of the property to
be purchased by the Purchaser,and upon written request from the Purchaser,
Sellers will promptly deliver to the Purchaser (as the case may be) all fully
executed documents deemed by the Purchaser to be needed to relinquish any
and all such interests,all at no cost or expense to the Purchaser.
11.024. Purchaser plans to remove the Property from the Orangetree PUD.
Purchaser plans either to rezone the Property into a new Planned Unit
Development (PUD) or to have the Property otherwise rezoned as necessary
prerequisite to using the Property as planned by Purchaser. Sellers hereby
agree to fully cooperate with regard to such rezoning, all conditional use
applications, and other approvals with the understanding that such rezoning,
conditional uses, and other approvals will be subject to all of the use
restrictions specified in this Agreement,all of which shall survive the Closing.
XI!. NOTICES.
12.01. Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be In writing, sent by registered, or certified
mail, return receipt requested,postage prepaid,addressed as follows:
If to Purchaser: Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to: County Attorney
Office of the County Attorney
Administration Building
3301 Tamlami Trail East
Naples, Florida 34112
If to Sellers: The Bryan W. Paul Family Limited Partnership
do Bryan W. Paul
County Road 78A, P.O. Box 2357
Labelle, FL 33935
If to Sellers: Bryan Paul, Inc.
c% Bryan W. Paul
County Road 78A, P.O. Box 2357
Labelle, FL 33935
With a copy to: Anthony P.Pires,Jr.
Woodward, Pires&Lombardo, P.A.
3200 Tamiami Trail North,Suite 200
Naples,FL 34103
AGENDA ITCH/I
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• 12.02.The addressees and addresses for the purpose of this Agreement may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be conclusively deemed to
continue in effect for all purposes. Each party shall be required to provide to the
other party written notice of any such change in address. This Provision 12.02
shall survive Closing.
XIII. REAL ESTATE BROKERS.
13.01. Any and all brokerage commissions or fees shall be the sole responsibility
of the Sellers. Sellers shall indemnify Purchaser and hold Purchaser harmless
from and against any claim or liability for commission or fees to any broker or any
other person or party claiming to have been engaged by Sellers as a real estate
broker, salesman or representative, in connection with this Agreement. Sellers
agree to pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any. Purchaser warrants that there is no broker or any
other person or entity acting as any real estate broker,salesman or representative
on Purchaser's behalf in connection with the transaction contemplated by this
Agreement.
XIV. MISCELLANEOUS.
14.01. This Agreement may be executed in any manner of counterparts, which
together shall constitute the agreement of the parties.
14.02. This Agreement and the terms and provisions hereof shall be effective as
of the date this Agreement is executed by both parties and shall inure to the
benefit of and be binding upon the parties hereto and their respective heirs,
executors, personal representatives, successors, successor trustee, and
assignees whenever the context so requires or admits.
14.03. No amendment to this Agreement shall bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Sellers. Unless specified otherwise in the respective Amendment, each
amendment to this Agreement shall be binding upon Purchaser and Sellers as
soon as it has been executed by both parties.
14.04. Captions and section headings contained in this Agreement are for
convenience and reference only and in no way do they define,describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
14.05.All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may allow.
14.06. No waiver of any provision of this Agreement shall be effective unless it is
In writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
14.07. If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
14.08. Sellers are aware of and understand that the 'offer" to purchase
represented by this Agreement is subject to acceptance and approval by the
Board of County Commissioners of Collier County,Florida.
14.09. If the Sellers hold the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Sellers shall make a written public disclosure, according to Chapter
286, Florida Statutes, under oath, of the name and address o - -, •- ••
having a beneficial interest in the Property before Property held in •ucf.cadf W
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conveyed to Purchaser. (if the corporation Is registered with
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Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes,whose stock is for sale to the general public,it is hereby exempt from the
provisions of Chapter 286,Florida Statutes.)
14.10. The Purchaser will comply fully with all then applicable laws, codes,
ordinances,rules and regulations. This Provision 14.10 shall survive Closing.
14.11. Sellers can enter Into a separate agreement with the Purchaser whereby
the Sellers can purchase treated effluent, if available, for irrigation purposes in
accordance with the then current Collier County's Effluent Ordinance in effect.
14,12, Sellers hereby reserve to themselves (for a period of three (3) years
following the date of Closing)a right to use the Property to continue their currently
existing citrus farming activities, without interference by Purchaser. Purchaser is
authorized to terminate this reservation of use. No such termination shall be
effective until one hundred and eighty (180) days after Sellers' receipt of written
notice from the Purchaser of Purchaser's decision to terminate the use. The
parties acknowledge and agree that the Purchaser is purchasing the citrus trees
located on the Property. Sellers shall be solely responsible for the survival of the
citrus trees until title to the trees transfers to Purchaser. Title to all citrus trees on
the Property will automatically transfer to the Purchaser 180 days of receipt by
Sellers of the Notice to Terminate (the reserved use), or on the expiration date of
the three (3)year period, whichever date occurs first. Sellers retain all rights to
and shall be the recipient of any and all citrus canker compensation applicable or
available to the citrus groves on the Property and Purchaser agrees to execute all
documents reasonably required to effectuate payment to Sellers of such
compensation. Sellers are responsible for maintaining and spraying the citrus
trees in accordance with State of Florida Agricultural Department requirements
and recommendations and agree to indemnify and save harmless the Purchaser
against any and all claims whatsoever as the result of Sellers' continued citrus
grove operations as provided for herein.
14.13. This Agreement is governed and construed in accordance with the laws of f:
the State of Florida.
14.14. Prior to the placement or construction of any facilities or improvements in,
on or under the Property by Purchaser, Purchaser shall provide adjacent to the
southernmost boundary of the Properly a thirty-foot (30')wide landscape buffer to
include a hedge five feet (5') in height, three feet (3') in spread and spaced a
maximum of four feet (4') on center at planting, together with two staggered rows
of trees spaced no more than thirty-feet (30') on center. Purchaser reserves the
right to construct wellheads within this buffer area.
XV. ENTIRE AGREEMENT.
15.01. This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included In this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of this
Agreement shall be of any force or effect unless made in writing and executed and
dated by both Purchaser and Sellers. Time is of the essence with regard to all
provisions in this Agreement.
IN WITNESS WHEREOF,the parties hereto set forth their hands seals.
Project/Acquisition Approved by Collier County Board of County Commissioners on the
day of- ,2003.
AGENDA ITE�f'1
MO. /0
9 MAY 1 3 2003
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AS TO PURCHASER:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK, Clerk COLLIER COUNTY, FLORIDA AS THE
GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
, Deputy Clerk TOM HENNING,Chairman
AS TO SELLERS(Limited Partnership):
DATED:
WITNESSES:
THE BRYAN W. PAUL FAMILY LIMITED
PARTNERSHIP,a Florida Limited
Partnership
FIRST WITNE S(Signature)
(4(2.c,/-..D • 4u-C30
f'
-ST WITNESS (Printed Name)
41111; BY
_
R N W.PAUL,General Partner
BSc \if ba
SECO' D ITN 'S( Ignature)
►l��
SEC ND WIT .E S tame)
AS TO SELLERS(The Corporation):
DATED:
WITNESSES(As to Pres.Paul):
BRYAN PAUL, INC.,a Florida corporation
Fl-ST ' TNESS(Signature)
/,(„, LD a. }4 U-2t-
FIRST WITNESS(Printed Name) �.
BY:
BRY W. PAUL,President
SECO' D WIT' " S igna urn
SECOND WITNESS(Print d Name)
Approved as to form and
legal sufficiency:
pe
Thom Palme AG(NOA trer
Assistant County Attorney NO. l o 2._-
10 MAY 1 3 2003
PG. 027
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Exhibit "A"
1o12
ALL THAT PART OF SECTIONS 12 AND 13, TOWNSHIP 48 SOUTH, RANGE 27
EAST AND PART OF SECTIONS 7 AND 18, TOWNSHIP 48 SOUTH, RANGE 28
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE
ALONG THE NORTH LINE OF SAID SECTION 14, SOUTH 88°10'34" EAST 50.01
FEET TO THE EAST RIGHT OF WAY LINE OF S-846(IMMOKALEE ROAD);THENCE
ALONG SAID RIGHT OF WAY LINE NORTH 01°53'16° EAST 269.20 FEET TO THE
SOUTH LINE OF GOLDEN GATE ESTATES, UNIT 59, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN P.B. 7, PAGE 61, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE ALONG SAID SOUTH LINE SOUTH 88°08'24° EAST
5294,24 FEET TO THE EAST LINE OF SAID SECTION 11; THENCE ALONG THE
SOUTH LINE OF SAID UNIT 59 AND THE SOUTH LINE OF GOLDEN GATE
ESTATES, UNIT 60 ACCORDING TO THE PLAT THEREOF AS RECORDED IN P.B.
7, PAGE 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SOUTH 88°08'24"
EAST 3169.88 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN .-
DESCRIBED; THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 88°08'24"
EAST 2156.49 FEET TO THE EAST LINE OF SAID SECTION 12; THENCE
CONTINUE ALONG THE SOUTH LINE OF SAID UNIT 60 SOUTH 88°08'24" EAST
1.65 FEET TO THE WEST LINE OF NORTH GOLDEN GATE CANAL RIGHT OF WAY;
THENCE ALONG SAID WEST CANAL RIGHT OF WAY LINE SOUTH 01°49'15"WEST
262.51 FEET TO THE SOUTH LINE OF SAID SECTION 7; THENCE CONTINUE
ALONG SAID WEST CANAL RIGHT OF WAY LINE SOUTH 01°49'15" WEST 952.49
FEET; THENCE NORTH 88°08'24"WEST 0.72 FEET TO THE WEST LINE OF SAID
SECTION 18; THENCE NORTH 88°08'24" WEST 2158.25 FEET; THENCE NORTH
01°51'36" EAST 1214.99 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD;CONTAINING 60.21 ACRES OF LAND MORE OR LESS.
Folio 1t: 00209961704 &00209920208
AGCNDA ITEM e
HO. /6 C-}.-
MAY 1 3 2003
PG. -?f
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TRANSPORTATION ENGINEERING DEPARTMENT
3301 EAST TA MIAMI TRAIL NAPLES,FLORIDA 34112.
(941)774-8192
SICETCI-I OF DESCRIPTIOIe.O.c.
N.E.
EXHIBIT "A'I NOTA SURVEY SEC.1O4,TWA.46B.,
Pi W—�._Of � ROE.27 E. \
•
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E
r-
J
S015 `O
5 Te'S1't6'1!
ST5.6y 16y1
34z 0� P.O B.
/1
h
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T
:
•
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lla
S 89'O8'24'E
311.86'
LEGAL DESCRIPTION
COMMENCE AT THE NORTHEAST CORNER OF SECTION 14,TOWNSI TIP 46 SOUTI I.RANGE 27 EAST,COLLIER COUNTY,FLORIDA;
TI IENCE S 02'03'19'W ALONG TITS NORTII•SOUTII QUARTER SECTION LINE 1218 29 FEET;UIENCE S 76'51.16'W 1063.40 FEET
10 PIE POINT OF BEGINNING;THENCE CONTINUE 9 76'5148'W 322.92 FEET;THENCE S 01'49'16'W 1343.93 FEET;THENCE
S 88'06'24'E 311.96 FEET;THENCE N 01'49'15'E 1427.53 FEET TO THE POINT OF BEGINNING.
CONTAINING 9.824 ACRES MORE OR LESS.
GENERAL NOTES
I)P.O.C..POINT OF COMMENCEMENT
2)P.O.B..POINT OF BEGINNING • •
•
31 SEC..SECTION PREPARED BY:
(Li
4)TWA.-TOWNSI TIP
6)ROE..RANGE �/ Y / 'l I6t
6j Rm.RIGHT OF WAY GEORGE R.RICHMOND P.L.S.24400
7)ALL DISTANCES ARE IN FEET AND DECIMALS 711E1LEOF COWER COUNTY PUBLIC WORKS
6)NOT VALID UNLESS SIGNED AND SEALED WITH TI IE 3301 E. , I TRAIL
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES,FLORIDA LORI 34112 AC(tZOA.T 7�M
MUM 11Y CIIECKEDay SOME 140• /O
DAIS FtEItO.
NOT TO SCALE APRIL 1,2002 ORTRUTW .FIE oF'1 3 2,003
PG. -2
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MEMORANDUM OF AGREEMENT (MOA)
Collier County Northeast Facilities
I. Parties to the MOA
a) This MOA is between the Collier County Water-Sewer District (CCWSD),
and Collier County (County), on behalf of the Collier County Solid & Hazardous
Waste Management Department (Solid Waste), and the Collier County Parks and
Recreation Department(Parks).
II. Duration of MOA
a) This MOA shall be effective from the date hereof and shall continue until the
Northeast Facilities have been fully developed and all costs payable from each party to
any other party have been paid in full and satisfied.
III. Overview of MOA
a) On June 30, 2003, CCWSD purchased property containing 216.201 acres
within the Orangetree PUD east of the Collier County Fairgrounds. The property is
specifically identified as being those same lands and premises conveyed to CCWSD by
Warranty Deeds from The Bryan W. Paul Family Limited Partnership, The J. R. Paul, Jr.
Family Limited Partnership, and Bryan Paul, Inc. recorded June 30, 2003 at Official
Records Book 3328, Pages 2422, 2425, and 2428 respectively; acceptance of these
conveyances was approved by the Collier County Board of County Commissioners on
May 13, 2003, Agenda Item 10C.
Property acquisition costs for the acreage are detailed as follows:
—Purchase price $5,945,500
--Recording fees 45
--Abstract fees 22,859
--Copying charges 53
—Interdepartmental payment for real
property management services 83,636
Total Property Acquisition Costs $6,052,093
Subsequently, in FY 2004 through FY 2006, CCWSD incurred engineering and related
costs for re-zoning and site development planning services for the benefit of the
property. Engineering costs are detailed as follows:
--Engineering fees $ 161,214
--Copying charges 56
--Printing/binding (outside vendors) 56
--Postage, freight, UPS 7
Total Engineering and Related Costs $ 161,333
Total Cost of Property Acquisition and Engineering $6,213,426
1
(1)
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b) Development plans for the property include the Northeast Regional Water
Treatment Plant (NERWTP), with its associated weilfields and infrastructure, and the
Northeast Water Reclamation Facility (NEWRF), both of which will be developed by the
CCWSD; the Northeast Recycling Center(NERC), to be developed by Solid Waste; and
the Big Corkscrew Island Regional Park (BCIRP), to be developed by Parks. The parties
agree that title to the property will continue to be held by CCWSD and will not be divided
until such time as all facilities have been developed. CCWSD, as title holder, hereby
grants permission and license to Solid Waste and Parks to pursue their respective
development plans, so long as they do not interfere with the development plans of
CCWSD or any other party to this MOA.
c) The acreage allocated for each facility, and the percentage of each facility's
acreage to total acreage, is shown in the following table:
Acreage
Facility Allocation Percentage
NERWTP (Water) 80.905 37.42%
NCWRF(Wastewater) 65.640 30.36%
NERC (Solid Waste) 10.350 4.79%
BCIRP (Parks) 59.306 27.43%
<.I
Total 216.201 100.00%
d) All parties agree to share the $6,213,426 Total Cost of Property Acquisition
and Engineering detailed above based on the percentage of acreage allocation in
accordance with the following table:
Responsible Acreage Cost
Party Allocation Allocation
Water 37.42% $2,325,064
Wastewater 30.36% 1,886,396
Subtotal CCWSD 67.78% $4,211,460
Solid Waste 4.79% 297,623
Parks 27.43% 1,704,343
Total 100.00% $6,213,426
e) The Northeast Facilities project will require improvements to common areas
and facilities that benefit all parties, such as access roads, retention ponds, bridges,
culverts, electrical service and other elements identified as the project progresses, and
the parties agree to share these costs based on the beneficial use of shared elements
utilized by each party.As costs are incurred by one party which benefit other parties, the
parties shall agree, at least once each fiscal year, to the appropriate cost allocations by
amendment to this MOA.
f) CCWSD has been carrying 100% of the Property Acquisition Costs since June
30, 2003. Solid Waste and Parks agree to reimburse the CCWSD, including interest at
the historical county's pooled investment rate (per Schedule A), for their share of the
outlay since June 30, 2003 based on the percentage of acreage of their respective
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facilities to the total acreage of the project. Interest costs incurred to date, as well as
interest costs incurred going forward, shall be added to the Cost Allocation of Solid
Waste and Parks. Interest costs incurred going forward shall be subject to pro rata
adjustment as each party pays down its respective Cost Allocation to CCWSD.
� I
IV. Performance Requirements
a) Solid Waste shall reimburse its Cost Allocation, together with accrued interest,
as adjusted in accordance with the provisions of this MOA, to CCWSD within not more
than three (3) years from the date of this MOA.
b) Parks shall reimburse its Cost Allocation, together with accrued interest, in
accordance with the provisions of this MOA to CCWSD within not more than three (3)
years from the date of this MOA.
V. Modification/Termination
a) This MOA constitutes the entire agreement between the parties hereto. This
MOA may be modified, altered, revised, extended or renewed by the written mutual
agreement of the parties, by the issuance of a written amendment, signed and dated by
the parties.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement
this day of , 2015.
As to CCWSD:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY FLORIDA,AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
, Deputy Clerk COUNTY WATER-SEWER DISTRICT
By:
Chairman
Approved as to form and legal sufficiency:
Assistant County Attorney
v
3
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^1 i
3�1
As to County:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK OF COLLIER COUNTY, FLORIDA
By:
.? , Deputy Clerk
Approved as to form and legal sufficiency:
Assistant County Attorney
iJ
4 bJ
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SCHEDULE A
Memorandum of Agreement
Collier County Northeast Facilities
Historical Pooled Interest Rate Calculation
Land Acquisition Cost: $6,213,426
Water 37.42% $2,325,064
Wastewater 30.36% $1,886,396
Sub-total CCWSD 67.78% $4,211,460
J Parks and Recreation 27.43% $1,704,343
Solid and Hazardous Waste 4.79% $297,623
Opportunity Cost to CCWSD: Parks &Rec Solid Waste
Fiscal Year Pooled Rate interest interest
2004 1.94% $33,064 $5,774
2005 2.16% $36,814 $6,429
2006 4.40% $74,991 $13,095
2007 4.62% $78,741 $13,750
2008 4.72% $80,445 $14,048
2009 1.86% $31,701 $5,536
2010 0.73% $12,442 $2,173
2011 0.77% $13,123 $2,292
2012 0.63% $10,737 $1,875
2013 0.47% $8,010 $1,399
2014 0.49% $8,351 $1,458
Total Interest due to CCWSD $388,420 $67,828
Land Acquistion Cost Due to CCWSD $1,704,343 $297,623
interest Due to CCWSD $388,420 $67,828
Total Amount Due to CCWSD $2,092,763 $365,451
(ID 1
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COST SUMMARY
Collier County Northeast Facilities
I. Real Property
On June 30, 2003, CCWSD purchased property containing 216.201 acres within the
Orangetree PUD east of the Collier County Fairgrounds. Property acquisition costs for
the acreage are detailed as follows:
--Purchase price $5,945,480
--Recording fees 45
--Abstract fees 22,859
--Copying charges 53
--Interdepartmental payment for real
property management services 83,636
Total Property Acquisition Costs $6,052,093
Subsequently, in FY 2004 through FY 2006, CCWSD incurred engineering and related
costs for re-zoning and site development planning services for the benefit of the property.
Engineering costs are detailed as follows:
--Engineering rezone fees $ 161,214
--Copying charges 56
--Printing/binding (outside vendors) 56
--Postage, freight, UPS .7
Total Related Costs $ 161,333
Total Cost of Property Acquisition and rezone $6,213,426
The acreage allocated for each facility, and the percentage of each facility's acreage to
total acreage, is shown in the following table:
Acreage
Facility Allocation Percentage
NERWTP (Water) 80.905 37.42%
NCWRF (Wastewater) 65.640 30.36%
NERC (Solid Waste) 10.350 4.79%
BCIRP (Parks) 59.306 27.43%
Total 216.201 100.00%
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IL CCWSD Design and Permitting
Total costs to date of the CCWSD portion of the NE Facilities is approximately:
Fund Description Amount
411 Water Plant Design and Permitting $4.48M
413 Wastewater Plant Design and Permitting $4.13M
Total Plant Design and Permitting $8.61M
III. Summary
The total cost to the CCWSD is as follows (real property reimbursement to the CCWSD
is not reflected):
Total CCWSD Cost of Property Acquisition and rezone $6.23M
Total CCSWD Plant Design and Permitting $8.61M
Total $14.84M
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Northeast Facilities
Designed Proposed Designed Designed
Recycling Park Wastewater Water
Center (59.306 acres) Plant Plant
(10.350 acres) (65.640 acres) (80.905 acres)
ai.if • ]raa..Y l' -a. A^. °' y i:...,41 p '� ) X.-A ( .FF 9 a iji ,j
€ i C3 •Fairgrounds 9 w e °*'z ' [ 1 , . r, ...„..._:. , ..„,„01___, ..___.. ..
"t4J� ,. z a A 1'1.‘ i �
t Corkscrew Lake
Few.. �, €
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ds•M r " Ta €-.Yry.� ,� � ,i, nk �f ., 4-
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Attachment 4
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