Backup Documents 11/13/2018 Item #16A19 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 1C�
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. County Attorney Office County Attorney Office
3. BCC Office Board of County \ V--, .,\
Commissioners \-rASl" k` i\ s -
4. Minutes and Records Clerk of Court's Office ‘"re__._
�y `t kr-i
1(b Ct.,
PRIMARY CONTACT INFORMATION ' "
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Sonja Stephenson Phone Number 252-5880
Contact/ Department
Agenda Date Item was November 13,2018 1,; Agenda Item Number 16 A 19
Approved by the BCC L
Type of Document Purchase Agreement Number of Original 1
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. ,___— (Initial) Applicable)
1. Does the document require the chairman's original signature? S-},-;,,1 r if ,. X
2. Does the document need to be sent to another agency for additignal signatures? If yes;' N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
Needs Clerk's attestation
3. Original document(s)has/have been signed/initialed for legal sufficiency. (All documents
to be signed by the Chairman,with the exception of most letters,must be reviewed and
signed by the Office of the County Attorney. X
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. X
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. X
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines! 1
8. The document was approved by the BCC on September 11,2018(enter date)and all c);)
changes made during the meeting have been incorporated in the attached document. \1(U
The County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for th
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6 A 1 9
MEMORANDUM
Date: November 14, 2018
To: Sonja Stephenson, Property Acquisition Specialist
Transportation Eng. & Const. Mgmt.
From: Teresa Cannon, Sr. Deputy Clerk
Minutes & Records Department
Re: Purchase Agreement— Project #99999
Parcel: 345FEE
Portion of Folio #00051120007 & 00051960005
Attached is a copy of the agreement referenced above, (Agenda Item #16A19) approved
by the Board of County Commissioners on Tuesday, November 13, 2018.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
16A19
PROJECT: 99999— Miscellaneous Project
PARCEL No(s): 345FEE
FOLIO No(s): Portion of 00051120007 & 00051960005
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this dayofd -,rr�-t , 2018, by and between
HUGH E. STARNES AND JUDY ANN STARNES, his wife, whose mailing address is
3715 McGregor Boulevard, Fort Myers, FL 33901, (hereinafter referred to as "Owner"),
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800,
Naples, Florida 34112 (hereinafter referred to as "County").
WHEREAS, County requires a fee estate in that land described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement; and
WHEREAS, Owner desires to convey the Property to County for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Property.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. RECITALS - All of the above RECITALS are true and correct and are hereby
expressly incorporated herein by reference as if set forth fully below, and all
Exhibits referenced herein are made a part of this Agreement.
2. PURCHASE PRICE - The purchase price (the "Purchase Price") for the
Property shall be $68,270 (U.S. Currency), subject to the apportionment and
distribution of proceeds pursuant to Paragraph 9 of this Agreement (said
transaction hereinafter referred to as the "Closing"). Said aggregate payment
to Moore Bowman & Rix, PA Trust Account, payable by County Warrant or
funds wire transfer, shall be full compensation for the Property conveyed,
including all landscaping, trees, shrubs, improvements, and fixtures located
thereon, and shall be in full and final settlement of any damages resulting to
Owner's remaining lands, costs to cure, including, but not limited to (if
applicable), the cost to relocate the existing irrigation system and other
improvements, and the cost to cut and cap irrigation lines extending into the
E: I,
16A19
Page 2
Property, and to remove all sprinkler valves and related electrical wiring, and all
other damages in connection with conveyance of said Property to County,
including all attorneys' fees, expert witness fees and costs as provided for in
Chapter 73, Florida Statutes.
3. CLOSING DOCUMENTS AND CLEAR TITLE - Owner shall convey a
marketable title free of any liens, encumbrances, exceptions, or qualifications.
Marketable title shall be determined according to the applicable title standards
adopted by the Florida Bar and in accordance with law. Owner shall obtain
from the holders of any liens, exceptions and/or qualifications encumbering the
Property, the execution of such instruments which will remove, release or
subordinate such encumbrances from the Property upon their recording in the
public records of Collier County, Florida. Prior to Closing and as soon after the
execution of this Agreement as is possible, Owner shall provide County with a
copy of any existing title insurance policy and the following documents and
instruments properly executed, witnessed, and notarized where required, in a
form acceptable to County (hereinafter referred to as "Closing Documents"):
(a) General Warranty Deed;
(b) Instruments required to remove, release or subordinate any and all
liens, exceptions and/or qualifications affecting County's enjoyment
of the Property;
(c) Closing Statement;
(d) Grantor's Non-Foreign, Taxpayer Identification and "Gap"Affidavit;
(e) W-9 Form; and
(f) Such evidence of authority and capacity of Owner and its
representatives to execute and deliver this agreement and all other
documents required to consummate this transaction, as reasonably
determined by County, County's counsel and/or title company.
4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the
essence. Therefore, Closing shall occur within ninety (90) days of the date of
execution of this Agreement or within thirty (30) days of County's receipt of all
Closing Documents, whichever is the later. This agreement shall remain in full
force and effect until Closing shall occur, until and unless it is terminated for
other cause. At Closing, payment shall be made to Owner in that amount
shown on the Closing Statement as "Net Cash to the Seller." County shall be
entitled to full possession of the Property at Closing.
5. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS - Owner
agrees to relocate any existing irrigation system (if any) located on the Property
16A19
Page 3
including any irrigation lines, electrical wiring and sprinkler valves, etc., prior to
the construction of the project without any further notification from County.
Owner assumes full responsibility for the relocation of the irrigation system (if
any) on the remainder property and its performance after relocation. Owner
holds County harmless for any and all possible damage to the irrigation system
in the event owner fails to relocate the irrigation system prior to construction of
the project.
If Owner elects to retain any improvements and/or landscaping
("Improvements") located on the Property, the Owner is responsible for their
retrieval prior to the construction of the project without any further notification
from County. Owner acknowledges that County has compensated Owner for
the value of the improvements located on the Property, and yet County is
willing to permit Owner to salvage said improvements as long as their retrieval
is performed before construction and without interruption or inconvenience to
the County's contractor. All Improvements not removed from the Property prior
to construction of the project commences shall be deemed abandoned by
Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance
of title.
6. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all
things which may be required to give effect to this Agreement immediately as
such requirement is made known to them or they are requested to do so,
whichever is the earlier.
7. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and
warrants the following:
(a) Owner has full right, power and authority to own and operate the
Property, to enter into and to execute this Agreement, to execute,
deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all
actions and to perform all tasks required of Owner hereunder and to
consummate the transaction contemplated hereby.
(b) County'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 Owner to be performed pursuant to the
provisions of this Agreement.
(c) No party or person other than County has any right or option to
acquire the Property or any portion thereof.
Page 4
(d) Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Owner 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,
without first obtaining the written consent of County to such
conveyance, encumbrance, or agreement which consent may be
withheld by County for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the
Property.
(f) Owner has no knowledge that there are any suits, actions or
arbitration, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or
pending or threatened which affect the Property or which adversely
affect Owner'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 County in writing prior to the effective date of this
Agreement.
(g) County is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding
that Owner will not 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. Therefore, Owner 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 adversely affect the physical condition of the
Property or its intended use by County.
(h) The Property and all uses of the Property have been and presently
are in compliance with all Federal, State and Local environmental
laws; that no hazardous substances have been generated, stored,
treated or transferred on the Property except as specifically
disclosed to the County; that the Owner has no knowledge of any
spill or environmental law violation on any property contiguous to or
in the vicinity of the Property to be sold to the County, that the
Owner has not received notice and otherwise has no knowledge of
a) any spill on the Property, b) any existing or threatened
environmental lien against the Property or c) any lawsuit, proceeding
or investigation regarding the generation, storage, treatment, spill or
transfer of hazardous substances on the Property. This provision
shall survive Closing and is not deemed satisfied by conveyance of
title.
ova
1 6 A 1 9
Page 5
8. INDEMNIFICATION - Owner shall indemnify, defend, save and hold harmless
the County against and from, and reimburse the County with respect to, any
and all damages, claims, liabilities, laws, costs and expenses (including without
limitation reasonable paralegal and attorney fees and expenses whether in
court, out of court, in bankruptcy or administrative proceedings or on appeal),
penalties or fines incurred by or asserted against the County by reason or
arising out of the breach of any of Owner's representations under paragraph
7(h). This provision shall survive Closing and is not deemed satisfied by
conveyance of title.
9. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay
all fees to record any curative instruments required to clear title, and all
Warranty Deed recording fees. In addition, County may elect to pay
reasonable processing fees required by mortgagees in connection with the
execution and delivery of a Release or Subordination of any mortgage, lien or
other encumbrance recorded against the Property; provided, however, that any
apportionment and distribution of the full compensation amount in Paragraph 2
which may be required by any mortgagee, lien-holder or other encumbrance-
holder for the protection of its security interest, or as consideration due to any
diminution in the value of its property right, shall be the responsibility of the
Owner, and shall be deducted on the Closing Statement from the
compensation payable to the Owner per Paragraph 2. County shall have sole
discretion as to what constitutes "reasonable processing fees.
10. DOCUMENTARY STAMP AND PRIOR YEAR AD VALOREM TAXES - There
shall be deducted from the proceeds of sale all prior year ad valorem taxes and
assessments levied against the parent tract property which remain unpaid as of
the date of Closing.
11. CLOSING STATEMENT ADJUSTMENTS - All current ad valorem real estate
taxes due on the Property during Owner's term of possession, and all
maintenance charges and assessments due from Owner, for which a bill is
rendered prior to closing, will be charged against Owner on the closing
statement. Real Property taxes shall be prorated based on the current year's
tax and paid by Owner. If Closing occurs at a date when the current year's
millage is not fixed, taxes will be prorated based upon such prior year's millage.
12. EFFECTIVE DATE - 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
trustees, and/or assignees, whenever the context so requires or admits.
13. ENTIRE AGREEMENT - Conveyance of the Property by Owner is contingent
upon no other provisions, conditions, or premises other than those so stated
herein; and this written Agreement, including all exhibits attached hereto, shall
e
Page 6
constitute the entire Agreement and understanding of the parties, and there are
no other prior or contemporaneous written or oral agreements, undertakings,
promises, warranties, or covenants not contained herein. No modification,
amendment or consensual cancellation of this Agreement shall be of any force
or effect unless made in writing and executed and dated by both Owner and
County.
14. BREACH AND TERMINATION - If either party fails to perform any of the
covenants, promises or obligations contained in this Agreement, such party will
have breached this Agreement and the other party may provide written notice
of said breach to the party in breach, whereupon the party in breach shall have
15 days from the date of said notice to remedy said breach. If the party in
breach shall have failed to remedy said breach, the other party may, at its
option, terminate this Agreement by giving written notice of termination to the
party in breach and shall have the right to seek and enforce all rights and
remedies available at law or in equity, including the right to seek specific
performance of this Agreement.
15. SEVERABILITY - Should any part of this Agreement be found to be invalid,
then such invalid part shall be severed from the Agreement, and the remaining
provisions of this Agreement shall remain in full force and effect and not be
affected by such invalidity.
16. VENUE - This Agreement is governed and construed in accordance with the
laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO COUNTY:
a ^
DATED: d i l k` I 0
ATTEST: CRYSTAL K. KINZEL, BOARD OF '• NTY COMMI - ONERS
CLERK COLLIER '•U FLO'
e;( BY:
test as to Cifitt)sClerk A DY SOLIS, CHAIRMAN
signature only.
0
1 6 A 1 9
Page 7
AS TO OWNER: i
DATED: Z 7 1 V
,1/ (/
Witness ( ignature) HUGH E. STARNES
1;2:772--/C « 4?-Z. /L)
Name (Print or Type)
Wi ss =ignature)
c12Er'y
Name (Print or Type)
itness Signature) JU AN 4TARNES
��((t74- L/r ��74-2-
Name (Pri r T _•-
Wi gnature)
Cf2;erl. P
Name (Prin or Type)
Approved as to form and legality:
Y �iF£� �. 4E. ?c t°
Assistant County Attorhe
S
16A19
EXHIBIT
• • : . •
POINT OF COMMENCMENT
NW CORNER OF THE SW QUARTER
EW ROAD(C-864)100'RIGHT•OP•WAY POINT OF BEGINNING
WILDCAT DANE S
NOS'3729'E 301 00
SO'WDE EMCMRNT 000.2671E 20,00--
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331.22
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A•ARC
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1"=150'
MUCH E.6 JUDY ANN STARNES
=p PARCEL NO.00061120007
. ;e OR 1404,Po e7
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WEFT HALE OP THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF RECTION IS,
TOWNSHIP 44 SOUTH,RANGE 21 EAST
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TECM - Row
AUG 0 1 2017
Not A SURVEY
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f5r: f;OL1.11:ft COUNTY CI.IRK CN' C()1J1 ?.`i project; CORKSCREW ROM) IMPFOVEMEN1c;
title sKE?f;Fl ANl) DE`�iCRIPTION or Nf_W RIGHT- 01:• WAY cite JIM 'S 261, 2017
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'fVt7L1 (krtltlarte or Authorisation Nam. 1,11 3661 61/4 KU 3654
Ykr; (2305041-2203 projo..1
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mean 1
Professional engineers, planners, At land surveyors 111e no:11521
Hralll6t CaUnty Suit* 200, 7100'L'657i4r7i) Tim1l, North; NSylrr, YL 341101 1230)607-3111 ghdOl rlo;1 of 2
___ - - - .--- 1 6 A 19
EXHIBtT—
LAND DESCRIPTION Page
ALL THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 18,TOWNSHIP 48 SOUTH,RANGE 28 EAST,COLLIER COUNTY,
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID
SECTION 18,THENCE N 89'3329"E ALONG THE NORTH LINE OF SAID SOUTHWEST
QUARTER A DISTANCE OF 381.30 FEET;THENCE 9 00'28'31'E A DISTANCE OF 20.00 FEET
TO THE SOUTHERLY RIGHT-OF-WAY LINE OF CORKSCREW ROAD(100'ROW)AND THE
POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED:
THENCE WESTERLY,SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF A CIRCULAR
CURVE CONCAVE SOUTHEASTERLY WHOSE CHORD BEARS S 38'69'7'W A DISTANCE OF
492,52 FEET,HAVING A RADIUS OF 388,00 FEET THROUGH A CENTRAL ANGLE OF 79'16'59'
AN ARC DISTANCE OF 534.13 FEET;
THENCE S 0299'58'W A DISTANCE OF 328.38 FEET TO THE EASTERLY RIGHT-OF-LINE OF
CORKSCREW ROAD(80'ROW);
THENCE N 00'39'12'W ALONG SAID EASTERLY RIGHT-OF-WAY-LINE A DISTANCE OF 708,42
FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF CORKSCREW ROAD(100'ROW);
THENCE N 89'33'29"E ALONG SAID SOUTHERLY RIGHT-OF-WAY-LINE A DISTANCE OF
331.22 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED,
CONTAINING 0.898 OF AN ACRE OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
AGNOLI, :'•BER&BRUNDAGE,INC,
PROFESSI.. AL ENGINEERS,PLANNERS&SURVEYORS AND MAPPERS
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BY:GUY P. ,7. S P.S.M.4390
GENERAL NeDTES:\
1, DIMENSIOJIS ARE IN FEET AND DECIMALS THEREOF.
2. ROW■RIGHT-OF-WAY.
3. BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM,
EAST ZONE,NAD 83/90 DATUM AND REFERENCED TO THE NORTH LINE OF
THE SW QUARTER OF SECTION 18,TOWNSHIP 46 SOUTH,RANGE 28 EAST,
COLLIER COUNTY,FLORIDA,AS BEING N 89'33'29"E,
4, PREPARED WITH THE BENEFIT OF FLORIDA STATE ROAD DEPARTMENT
RIGHT-OF-WAY MAP 03501.2601 SHEET 1 OF 2 AND COLLIER COUNTY
RIGHT-OF-WAY MAP DATED 2.18.81.
for: COLt.,CR (OLINTY CLCRK,, Of COUf7T'!, ptojot:t: CORKSCREW f?()AD IMPROVEMENTS
title: SKETCH AND DESCRIPTION OE NEW RCaI1"f-(W-WAY (Iutc�;JUL.Y 26, 2017
a�=• A !malt!,1"-1f.)0'
• : 'NOL1 Cert/tleete at Authorisation Now. Lli $N4 on, EN 8004
111 _ Vwx (zits/NI o-2$oa project
• .R21ER & nc,.:15-0035
•
swim r • -UNDAGE. INC. uead:11 121-SU
Professional engineers, planners, h land e1>Irveyors file no::115121
Whom County. NU11.4 200, 7400 7amtaml troll, North; Naples, H :141UE (S18p1{07-ail 1 s;hent n!o:2 of 2