Agenda 06/09/2015 Item #16B1 6/9/2015 16.B.1.
EXECUTIVE SUMMARY
Recommendation that the Community Redevelopment Agency (CRA) accept an offer to
purchase CRA-owned property known as Rebecca Weeks, Lots 26 and 27 reserving an
easement over the westerly 25 feet and the southerly 10 feet for stormwater purposes;
authorize the CRA Chairman to execute all documents necessary to facilitate the sale and
authorize staff to deposit the funds received from the sale into the appropriate account.
OBJECTIVE: To prevent the spread of and rehabilitate blight within the Bayshore-Gateway
Triangle CRA.
HISTORY: The subject site comprises two lots (Exhibit A) located on Becca Avenue and
further described as Lots 26 and 27, Rebecca Weeks within the Bayshore/Gateway Triangle
Community Redevelopment area. The property is zoned BMUD-R which allows single family
homes.
On November 18, 2008, the CRA Board approved the purchase of the site, for the sum of
$99,000 plus closing costs of $1,185.96. The property improvements comprising of an older,
dilapidated house were demolished after the purchase at a cost of$5,582.00. The stated purpose
of this purchase by the CRA was for transportation and stormwater improvements. (See Exhibit
B).
On April 14, 2015 (Agenda Item 16.B.1) the CRA Board authorized the CRA Operations
Manager to publically advertise the property for disposition. The legal advertisement was posted
the Naples Daily news on April 30, 2015 in accordance with Section 163.380, Florida Statute.
There was one response to the advertisement.
CONSIDERATIONS: The responder is a not for profit entity that has constructed eight Florida
style cottages in close proximity to the site and has an interest constructing one or more cottage
style single family homes on the site. Such construction is allowed by the Bayshore/Gateway
Triangle Redevelopment Master Plan which provides for the acquisition and demolition of
dilapidated buildings and the provision new single family housing.
Additionally, the County's Stormwater Department desires an easement for stormwater purposes
across westerly 25 feet and the southerly 10 feet and the responder is amenable to the provision
of the same. The easement will be reserved in the Agreement and Statutory Deed. The provision
of new, infill housing and stormwater management meets the goals and objectives of the
Redevelopment Plan.
An appraisal of the site was conducted by the County's Real Property Management Department
on April 7, 2015, which provided for and estimated market value of $98,230. The site was
offered for a minimum bid of$100,000 and one bid was received in the amount of $125.000.
The total cost of purchase and demolition for the site was $105,767.96. Additionally, a
stormwater management easement is being reserved in across the westerly 25 feet and southerly
10 feet of the property on behalf of the County. In accordance with the Invitation for Sealed
Proposals, the Agreement for Sale and Purchase states that the site is being sold "as is," closing
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will take place within 90 days of Board approval, and construction of a restricted single family
home or homes must commence by June 9, 2018 .
CRA staff has coordinated all aspects of the transaction with the County's Real Property
Management Department and the County Attorney's Office.
FISCAL IMPACT: The cost and expenses to facilitate the sale (closing services, recording fees,
etc.) are available in the approved FY/15 Bayshore Gateway Triangle CRA Fund (187) budget.
The Purchase and Sale Agreement require any and all fees to be paid by the Buyers. The sale
shall generate $125,000 in revenue. In accordance policy, net proceeds will be applied against
the principal balance of the CRA's Series 2013 Taxable Note.
LEGAL CONSIDERATIONS: The notice requirements set forth in Section 163.380 (3)(c),
Florida Statutes and the Bayshore/Gateway Triangle Redevelopment Master Plan have been met,
This item has been approved as to form and legality and requires a majority vote for Board
approval. - JAB
GROWTH MANAGEMENT: There is no impact on the County's long-range planning effort.
RECOMMENDATION: Recommendation that the Community Redevelopment Agency
(CRA) accept an offer to purchase CRA-owned property known as Rebecca Weeks, Lots 26 and
27 and reserve the westerly 25 feet and the southerly 10 feet for stormwater purposes; authorize
the CRA Chairman to execute all documents necessary to facilitate the sale, authorize staff to
deposit the funds received from the sale into the appropriate account and approve all necessary
budget amendments.
Prepared by: Jean Jourdan, CRA Operations Manager, Bayshore/Gateway Triangle CRA
Attachments: 1) Exhibit A; 2)Exhibit B; 3) Location Map; and 4)Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.B.16.B.1.
Item Summary: Recommendation that the Community Redevelopment Agency (CRA)
accept an offer to purchase CRA-owned property known as Rebecca Weeks, Lots 26 and 27
reserving an easement over the westerly 25 feet and the southerly 10 feet for stormwater
purposes; authorize the CRA Chairman to execute all documents necessary to facilitate the sale
and authorize staff to deposit the funds received from the sale into the appropriate account.
Meeting Date: 6/9/2015
Prepared By
Name: JourdanJean
Title: CRA Operations Manager, County Redevelopment Agency
5/27/2015 9:18:24 AM
Submitted by
Title: CRA Operations Manager, County Redevelopment Agency
Name: JourdanJean
5/27/2015 9:18:25 AM
Approved By
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 5/27/2015 2:22:24 PM
Name: ErbCindy
Title: Property Acquisition Specialist, Senior,Administrative Services Department
Date: 5/28/2015 8:15:22 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 5/28/2015 9:41:00 AM
Name: KlatzkowJeff
Title: County Attorney,
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Date: 5/28/2015 10:28:39 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 5/28/2015 12:27:38 PM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 5/28/2015 12:38:31 PM
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EXHIBIT "A"
Parcel ID#81270840006
LOTS 26 AND 27 OF REBECCA WEEKS SUBDIVISION OF TRACT 41 OF NAPLES
GROVE AND TRUCK CO'S LITTLE FARM NO. 2 ACCORDING TO THE MAP OR
PLAT THEREOF AS RECORDED IN PLAT BOOK 2 PAGE 81 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA RESERVING THEREFROM AND TO
AND FOR THE BENEFIT OF THE GRANTOR ON BEHALF OF THE PUBLIC A
"STORMWATER MANAGEMENT" EASEMENT IN PERPETUITY OVER, UNDER,
UPON AND ACROSS THE WESTERLY 25 FEET AND THE SOUTHERLY 10 FEET
THEREOF.
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Agenda Item: 16.G2 EXHIBIT B
Date:November 18, 2008
EXECUTIVE SUMMARY
Recommendation for the Community Redevelopment Agency to approve the purchase of a
residential property located in the Bayshore Gateway Triangle Area; waive the
requirement for an appraisal; authorize the CRA Chairman to execute the real estate
contract and Addenda; approve payment from Fund (187) and authorize the Executive
Director to make payment in the amount of$99,000 plus cost and expenses to complete the
sale of subject property; and authorize the demolition of the site structures after closing.
Site address: 2515 Becca Avenue($99,000)
OBJECTIVE: Recommendation for the Community Redevelopment Agency to approve the
purchase of a residential property located in the Bayshore Gateway Triangle Area; waive the
requirement for an appraisal; authorize the CRA Chairman to execute the real estate contract and
Addenda; approve payment from Fund (187) and authorize the Executive Director to make
payment in the amount of $99,000 plus cost and expenses to complete the sale of subject
property; and authorize the demolition of the site structures after closing. Site address: 2515
Becca Avenue ($99,000)
CRA BACKGROUND: On March 14, 2000, the Collier County Board of County
Commissioners made a finding of conditions of blight and adopted Resolution 2000-83
establishing the Community Redevelopment Agency. Florida Statute 163 gives the CRA powers
to buy and sell real property. Specifically:
• Florida Statutes 163.358 -- "Exercise powers in carrying out community redevelopment
and related activities" -- gives the CRA power to acquire property.
• Florida Statutes 163.370 -- "Powers; counties and municipalities, community
redevelopment agencies" -- delineates other powers necessary to carry out the purchase.
SITE BACKGROUND: The subject site is located at the northeast corner of the intersection of
Becca Avenue and Pine Street (EXHIBIT A), and has an underlying zoning of RMF-6. There
exists a single-family residence built on two lots. The house has numerous additions and
modifications that were not permitted or built to code.
The parcel is bank-owned and offered as a result of foreclosure. The Collier Property Appraiser
values the land at $207,400, the house at $98,974 for a 'just value' at$306,374 (EXHIBIT A).
CONSIDERATIONS:
Transportation: The site is adjacent to a non-aligned three-way intersection and traffic in two
directions has marginalized traffic sight lines. The residents have been proactive in their
neighborhood and successfully received approval for installation of speed bumps on Becca
Avenue. Recently they logged requests with the Transportation Division to improve the function
of the intersection for safety and safe passage concerns.
Stormwater Management: The CRA has received several requests from residents concerning
stormwater drainage and standing water in yards, swales and street during major rain events.
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The CRA Staff met with concerned citizens and monitored the area. It was discovered that this
parcel (2515 Becca Avenue) was bank-owned and for sale at a significantly reduced price. The
CRA met with Transportation and Stormwater representatives to discuss the feasibility of Collier
County improving the intersection and Becca Avenue local drainage conditions if the CRA:
• Purchased the parcel and agreed
• To give easements as needed to the County; or
• Donate all or part of the land as needed to the County.
Based on the County/CRA staff meeting, initial indications are that with additional land provided
by the CRA:
1. Transportation can design intersection improvements and construct them when funding is
available.
2. Stormwater with the assistance of the CRA, can study the local drainage issues, design an
improved local system possibly using donated CRA land and construct it when funding is
available.
The Local CRA Advisory Board recommended the purchase of the subject site for $99,000 and
future contribution of land, as needed, to improve the intersection and improve Becca Avenue
drainage. Control of this site through CRA ownership will ensure the goals and objectives of the
CRA's Local Neighborhood Initiative are met.
LEGAL CONSDERATIONS: The real property proposed to be purchased by the CRA was
acquired by the bank through foreclosure. The Agreement for Purchase and Sale, the Addendum
A and the Real Estate Purchase Addendum have been reviewed by the County Attorney's office.
Per staff, the addenda are forms required by the bank and may not be changed. In the addenda
generated by the bank, the CRA is releasing the bank of any possible claim that it could have
including defects in title and environmental liability. The CRA is also required to pay a per diem
charge of $99-$100 per day if the closing is delayed. Staff does not anticipate a delay. The
CRA's exposure , if any, resulting from the addenda is likely to be less than $2000. This item is
not quasi-judicial and requires a majority vote.--HFAC
FISCAL IMPACT: Funds in the amount of$99,000 plus cost and expenses for the purchase,
and demolition of structures, are available in the Bayshore Gateway Triangle Fund (187)
FY2009 budget for Capital Expenses.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County, including the Bayshore Gateway Triangle CRA. Acquisition of this property
is consistent with the Bayshore Gateway Triangle Redevelopment Plan.
RECOMMENDATION: That the Collier County Community Redevelopment Agency:
1. Approve the attached Residential Contract&Addenda;
2. Authorize the CRA Chairman to execute same on behalf of the Board;
3. Authorize the CRA Executive Director to make payment of all costs and expenses
necessary to close the transaction from the Bayshore Gateway Triangle Fund(187);
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4. Accept the conveyance of the property via Warranty Deed and authorize the CRA
Executive Director or Assistant County Attorney to record same in the public records of
Collier County,Florida;
5. Authorize the CRA Executive Director to demolish all structures after closing.
Prepared by: Jean Jourdan on November 3, 2008
Project Manager,Bayshore Gateway Triangle Community Redevelopment Agency
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BAYSHORE CRA
Folio Number. 81270840006
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY, its successors and assigns, whose
mailing address is 3299 Tamiami Trail E., Naples, FL 34112 (hereinafter referred to as
"Seller"), and THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC., a non-profit
Florida corporation, whose mailing address is PO Box 10102, Naples, Florida 34101,
(hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of those certain parcels 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.
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. Property is being sold "as is".
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, Seller shall sell to Purchaser and Purchaser shall purchase from
Seller the Property, described in Exhibit "A". Property is being sold "as is".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be ONE
HUNDRED TWENTY FIVE THOUSAND and no/100 Dollars ($125,000), (U.S.
Currency) payable by wire transfer (said transaction hereinafter referred to as the
"Closing"). Said payment shall be full compensation for the Property conveyed.
This is a cash transaction with no contingencies for financing.
2.02 Purchaser shall deliver a deposit of TEN THOUSAND and no/100 Dollars
($10,000) together with this Agreement signed by Purchaser. The deposit will be
held in escrow by Stewart Title Co. ("Escrow Agent") subject to clearance. Escrow
Agent's address is 4910 Tamiami Trail North, Suite 120, Tanglewood Market
Plaza, Naples, FL 34103; Phone: (239) 262-2163.
[15-CRA-00335/1181615/1] 1
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III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before ninety (90) days following
approval of this Agreement by the Board of County Commissioners. The Closing
shall be held at Stewart Title Co., 4910 Tamiami Trail North, Suite 120,
Tanglewood Market Plaza, Naples, FL 34103. The procedure to be followed by
the parties in connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
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 Statutory Deed in favor of Purchaser conveying title to 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.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be
delivered to the Seller the following:
3.0121 A negotiable instrument, by the way of a wire transfer, 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.
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3.02 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, at its sole cost and expense, shall pay at Closing all documentary
stamp taxes due relating to the recording of the Statutory Deed, in accordance with
Chapter 201.01, Florida Statutes.
3.04 Purchaser shall pay for the cost of recording the Statutory Deed and
Agreement.
3.05 The cost of recording any instruments necessary to clear Seller's title to the
Property will be paid by Seller.
3.06 Each party shall be responsible for payment of its own attorney's fees, if any.
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 as
evidence of title an ALTA 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 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. 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.
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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. Seller agrees to furnish
any existing surveys of the Property, if any, to Purchaser within thirty (30) days
of execution of this Agreement.
V. INSPECTION PERIOD
5.01 Purchaser shall have thirty (30) days from the date of this Agreement,
("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 purpose.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any 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 V shall 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.
5.03 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 all other necessary investigation.
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. Seller shall be notified by
Purchaser no less than twenty four (24) hours prior to said inspection of the
Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
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7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 Ad valorem and Non-Ad Valorem property taxes shall be prorated between
Seller and Purchaser on a 365-day calendar or fiscal year, as appropriate, and
shall be based on the current year's tax. If Closing occurs at a date which the
current year's tax is not fixed, taxes will be prorated based upon such prior year's
tax. In determinning prorations, the closing date shall be allocated to Purchaser.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity to
a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one percent (1%) or $1,000.00 of the
purchase price shall be paid to Seller as liquidated damages which shall be
Seller's sole and exclusive remedy, and neither party shall have any further liability
or obligation to the other except as set forth in paragraph 12.01, (Real Estate
Brokers), hereof. The parties acknowledge and agree that Seller's actual
damages in the event of Purchaser's default are uncertain in amount and difficult
to ascertain, and that said amount of liquidated damages was reasonably
determined by mutual agreement between the parties, and said sum was not
intended to be a penalty in nature.
9.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation or
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs for
appellate proceedings in such litigation or other action; which sum may be
determined by the court or in a separate action brought for that purpose.
9.04 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.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
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10.01 Seller and Purchaser represent and warrant the following:
10.011 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. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 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. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
10.013 The warranties set forth in this Article shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to
the said Property shall not 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.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at
law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
10.017 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 they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
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results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents 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 none of the Property has been used as a sanitary
landfill.
10.018 Seller has no knowledge 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 Seller claiming any 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
Seller has not complied.
10.019 There are no unrecorded restrictions, easements or rights of way (other
than existing zoning regulations) that restrict or affect the use of the Property,
and there are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
10.020 Seller has no knowledge that there are any 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 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.
10.021 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 cause the zoning or 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. Therefore, 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 would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other 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.
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10.022 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.
10.023 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., ("CERCLA" 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. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
10.024 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.
XI. NOTICES
11.01 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 Seller: Real Property Management
Facilities Management Building
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112-5356
With a copy to: Jennifer A. Belpedio, Assistant County Attorney
Office of the County Attorney
Administration Building
3299 Tamiami Trail East, Suite 800
Naples, Florida 34112-5749
If to Purchaser: Linda Oberhaus, Executive Director
The Shelter for Abused Women & Children, Inc.
PO Box 10102
Naples, Florida 34101
11.02 The addressees and addresses for the purpose of this Article 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
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addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Purchaser shall indemnify Seller and hold Seller 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 Purchaser 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 separate agreement, if any.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 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.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
13.05 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 require.
13.06 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.
13.07 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.
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13.08 Purchaser is aware of and understands that the "offer" to sell represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
13.09 Purchaser acknowledges there shall be covenants that run with the lands of
the property within the Community Redevelopment Plan and herein described that
will be fully binding on any successors, heirs, and assigns of owners who may
acquire any right, title, or interest in or to the property. Construction of a single
family home or homes must commence by June 9, 2018.
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
14.01 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 of this Agreement.
XV. RESTRICTIONS ON USE
15.01 The Property shall be restricted to those uses allowed by the Community
Redevelopment Plan.
IN WITNESS WHEREOF, the parties hereto have signed below.
Date Property conveyance approved by BCC:
AS TO SELLER:
DATED:
ATTEST: COLLIER COUNTY COMMUNITY
DWIGHT E. BROCK, Clerk REDEVELOPMENT AGENCY
BY:
, Deputy Clerk DONNA FIALA, Chairman
Approved as to form and legality:
Jennifer A. Belpedio p-
Assistant County Attorney
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AS TO PURCHASER:
DATED:
THE SHELTER FOR ABUSED WOMEN &
CHILDREN, INC, a non-profit Florida
corporation
Witness (Signature)
Name: By:
(Print or Type) Linda Oberhaus, as Executive Director
Witness (Signature)
Name:
(Print or Type)
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EXHIBIT "A"
Parcel ID#81270840006
LOTS 26 AND 27 OF REBECCA WEEKS SUBDIVISION OF TRACT 41 OF NAPLES
GROVE AND TRUCK CO'S LITTLE FARM NO. 2 ACCORDING TO THE MAP OR
PLAT THEREOF AS RECORDED IN PLAT BOOK 2 PAGE 81 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA RESERVING THEREFROM AND TO
AND FOR THE BENEFIT OF THE GRANTOR ON BEHALF OF THE PUBLIC A
"STORMWATER MANAGEMENT" EASEMENT IN PERPETUITY OVER, UNDER,
UPON AND ACROSS THE WESTERLY 25 FEET AND THE SOUTHERLY 10 FEET
THEREOF.
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