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Agenda 06/09/2009 Item #16C14 Agenda Item No. 16C14 June 9, 2009 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve a Purchase Agreement with Russell Willis Holaway and Nancy Holaway for 2.5 acres for the Solid Waste Management Department's proposed Resource Recovery Park, at a total cost not to exceed $72,000; Project 59007. OBJECTIVE: The public purpose is to request approval and execution of the attached Purchase Agreement (Agreement) between Collier County (County) and Russell Willis Holaway, joined by his wife, Nancy Holaway (Holaway), for the purchase of a 2.5 acre tract of land located in Section 25, Township 49 South, Range 26 East (Property) for use by the Solid Waste Management Department as part of the proposed Resource Recovery Park, and acceptance of the attached Warranty Deed. CONSIDERATIONS: On April 28, 1992, the Board adopted Resolution No. 92-253 authorizing the purchase of approximately 360 acres of vacant properties contiguous to the existing County Landfill for public purposes. On November 3, 1998, the Board directed staff to pursue acquisition of additional parcels in Section 25, contiguous to the existing County Landfill, to complete the 360 acres approved by Resolution 92-253. To date, staff has acquired a total of 341 acres +1- in Section 25. Acquisition of the Property would complete the southeastern quarter of the 341 acres, which is the area contiguous with the Landfill. This Property will benefit the County for the future development of the Collier County Solid Waste Management Department's Resource Recovery Park. The Property is currently _ zoned agricultural within Rural Fringe Mixed Use as sending area. The Future Land Use Element Designation Description Section specifically states in Subsection II. B. I. C. 8. a) (2) that public facilities, including solid waste and resource recovery facilities and public vehicle and equipment storage and repair facilities shall be permitted as a Conditional Use within Section 25, Township 49S, Range 26E on lands adjacent to the existing County landfill. A Location Map is attached for reference. Staff has negotiated a purchase price for the Property that can be substantiated by staff and consultants under contract for the Resource Recovery Park project. The difference between the Property Appraiser's assessed value of $50,000 and the actual purchase price of $70,500 to be paid will be offset by relief from paying for the costs associated with the additional setbacks, buffering and other development requirements that would be imposed on the County during the site development process to insulate the Property from the surrounding Resource Recovery Park, together with the loss of any acreage due to potential access easements that could be granted Holaway, as well as any potential liability exposure that might be incurred by the County during the development of the area around the Property. The Purchase Agreement has been reviewed and approved by the County Attorney's Office and the Solid Waste Management Department. ~ FISCAL IMPACT: The total cost of the transaction should not exceed $72,000 ($70,500 for the purchase price and $1,500 for a title commitment, title policy, closing costs and recording of documents). The funds will be withdrawn from Solid Waste Fund (Fund 474). GROWTH MANAGEMENT IMPACT: This transaction is consistent with the County's Growth Management Plan. Agenda Item No. 16C14 June 9, 2009 Page 2 of 8 ......- LEGAL CONSIDERATIONS: The Purchase Agreement has been reviewed and approved as to form and legal sufficiency by the County Attorney's Office. This item is not quasi-judicial, and as such ex parte disclosure is not required. This item requires majority vote only. - HFAC RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Purchase Agreement; 2. Authorize the Chairman of the Board of County Commissioners to execute the Agreement; 3. Accept the Warranty Deed once approved by the County Attorney's Office; 4. Direct the County Manager or his designee to proceed to acquire the Property and to follow all appropriate closing procedures, to acquire and obtain clear title to the Property, and to record any and all necessary documents (once approved by the County Attorney's Office) in the Public Records of Collier County, Florida. PREPARED BY: Sue Jim Zimmerman, Property Acquisition Specialist, Real Property Management/Department of Facilities Management - -. Page 1 of2 Agenda Item No. 16C14 June 9, 2009 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C14 Meeting Date: Recommendation to approve a Purchase Agreement with Russell Willis Holaway and Nancy Holaway for 2.5 acres for the Solid Waste Management Departments proposed Resource Recovery Park, at a total cost not to exceed $72,000; PROJECT 59007 6/9/2009 900:00 AM Prepared By Sue Zimmerman Property Acquisition Specialist Date Administrative Services Facilities Management 5/26/2009 1 0 :45: 13 AM Approved By Public Utilities Sr. Project Manager Public Utilities Planning and Project Management Department Date Phil E. Gramatges, P.E. 5/26/2009 1 :21 PM Approved By Daniel R. Rodriguez Solid Waste Director Date Public Utilities Solid Waste 5/26/2009 1 :22 PM Approved By Dayne Atkinson Project Manager Public Utilities Planning and Project Management Department Date Public Utilities 5/26/2009 1 :26 PM Approved By Public Utilities Principal Project Manager Public Utilities Planning and Project Management Department Date William D. Mullin, PE 5/26/2009 1 :58 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 5/27/20098:27 AM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 5/27/2009 11 :56 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 5/27/2009 1 :05 PM Approved By Heidi F. Ashton Assistant County Attorney Date file:IIC:\AgendaTest\Export\ 1 31-June%209, %202009\ 16.%20cONSENT%20AGENDA \16c... 6/3/2009 Page 2 of2 Agenda Item No. 16C14 June 9, 2009 Page 4 of 8 County Attorney County Attorney Office 5/27/20092:09 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 5/27/20092:13 PM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 5/28/20098:06 AM Approved By OMB Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 5/28/2009 9:43 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 6/1/20091:02 PM Approved By Leo E. OChs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 6/1/20092:49 PM file:llc:\AgendaTest\Export\ 131-June%209,%202009\ l6.%20cONSENT%20AGENDA \16c... 6/3/2009 NANCYSDOLLHOUSES Agenda IterrR46E 16e214 , June 9, 2009 -"""'" t:/,j,/ a:> Page 5 of 8 05/19/20~9 06:25 2396591445 ~~ML ~IMI~ ~!Ye~ co,'zztzoo, l{;;l~ "~"""IlI:HO Prcjac:t: Re~J'Q9 Reocvery Part( . Folic No.: 00291640004 PURCHASE AGREEMENT THIS FlIJRCHASE AGREEMENT (hereinafter referred to QS the "Agreement") I' made .nd entllred into this _ dillY of MIY, 200el, by and between RUSSELL W. HOLAWAY, joined by 1118 wife, NANCY HOLAWAY, Who$O post offlce address 16 7160 Appleby DrIve, N.pIM. FL 341()4.(l506, (hereinafter nrred to as "Owner'r~, and COWER COUNTY. 9 politIcal subdlvlslort of the State of Florida, rts. succest.orll and alSlsns (h...lnaft.r rm!'l1ld to .$ "F'urehMer"); WHERCAS, Purct1aaer requires 8 fee estate In that land desgribed In Exhibit "A" (hereinafter nrierred to .. the IIF'roperty'~, located in Colhr County. State of Florida, and being more pal"llcUllrty dflCtibed a9: THE NORTHEAST Y.i OF' THI!! SOU1'1-lWEST % OF TH~ SOUTtfWEST v.. OF SOUTHEAST % OF SEOTJON 2.5. TOWNSHIP 49 SOUTH, RANGE: 2G EAST, COLUER COUNTY, FLORI 0,0,. SUBJECT TO ACCESS AND UTILITY EASEMENTS OVER THE WESTERLY 30 FEET. WHE:REAS, Owl'llJr a.ires. to convey the Property to Purchner for the nned PLll'1:lCl8el, on the te11'n$ and conditione set torth herein: end WHEREAS. f'urch...r ha$ agllt8d to r.::orT1pt1nn Owner for ccnVftY.n~ of the Property; NOW THEREFORE, in ocw:ideration ofthcllCl pramisaB, thQ Dum of Tan Dollars ($10,00), land other sood and I18IUlble 1XIm.lderelflQn, tho receipt end .!luffloieney of which 1$ hereby mutulidly acknowledged, it hi iilgreed by ;nl between tt. p.rtie5 .. 1oROW!: 1. OWrllM ahall convey the Property via Warranty De&d tQ PurchlilMf for the sum of SEVEfIfTY THOUSAND FIVE HUNDRED AND NOnOO DOLL..ARS (S70,500), payable by COunty W8IT8M or wire trensfer (eid trsneaotion horeinafter referred 10 .s tn. "Ccsrng"). SlIld p-vment shaH be full compenntlon for the Property conveyed, Including 81 landscaping, tree&, &htuba, Improvement., end fixtures loea.c1 thereon, and fer any dsmages resultinlLl to Owner's t'8n"Iaining lands. and for all 'other d4\mage$ in connection WIth conveyance of sal" Prtlper'ty to Purchaser. 2. Prior to Clgeing, Owner shall obtolin from the holclel'3 of any lil!l1$, e)(ception$ and/or qualificdorw enwmbering th, Property, the execution of auch Instruments whfch will remoVC!l or rei... llUJeh encumbr.n~8 from th. PropBrty upon their reoordinSl in the public recorda of Collier Cciunty, Florida. OWner shall provide such Instrunents. properly e)(eeutecl. to Purche:sef on or befe~ the date of Closing. This Agrnment shen be nul and void, and of no further force cr effect. unless Closing shall occur within 8ixty (6D) daya from tne elate PurM2Iser exec:ute$ thil Agreement; provided, however. tMt PuIdlaser shall have the unP8taral right to extend tl'le term of this Agreement pencftng receipt of such Instn.l/nents. properly exeeuted. which eith.r remove or relel!J$. any and all such lien.. encurnol'lllncn or quellfieatlons ~ffee1ing Fll.lrc:heser'. enjoyment of the Property. At Closing, Pure,,"&r ~hlll1 deliver the County WIM'anl Of wire transfar 1.0 Owner and OwMr shall deliver the conveyanoe Instrumen1 to Purchaser in .. form ac.eeptabl~ to Purchaser. 3. 05/19/2009 06:25 2396591445 NANCYSDOLLHOUSES Agenda ItemFtAGE16~:j 4 June 9.2009 t'MU:: "'''''~~ Page 6 of 8 I:lO(uiLt'JfJ:l 11:01 1.~~(14~~lb ~~ t;.t>II<1~ ::>l:J<U.l'-t:.", Purehase Agrw~nt Page 2 4. Conveyance of the ~operty by OWfllilr i. contingent upon no other provi8icns, OOndltlo~. or premi... oth.( than tfl08t:l $0 stated herein; and the written A51reemeot, Including aU exhibits attached hereto, $hIli consflMe the entIre Agreem~nt and understandil15l of the parties, end there era no other prior or oOflt$mporal'lElous written or oral agreemants, undertakings, promises, WSmlr'Tlles, or covenants not contained rn!!rein. 5. Owner ia aware and understands that the "offer" to purchase rep","nwd by It1ls Agreement Is aubject to acceptanotl and approvBl by the Board Of Oounty Commissioners of Collier County, Florida. 6. To the best of Owner's knowledge, Owner rElpresentB that the Property and aU U$eS of ti'le Property have been and prt'!lIently are In compliance with a'l Fed~l1Il, State and Local environmental laws; Ihat no hazardous &ubstances have been generated. Sltored, tr&.ted or transferred en the Prop!'Jrty I!>>CCQpt as specifically disclosea' to the Purchaser; that tI1e Owner h8. no Icnowledge of any spiJr or environmenblllew violation on any property COntigUOU$ to or in the vicinity of'the Property to be sold to the Purehaser, tflet 1he Owner hml Mt received notice and otfil!!rwise has no knowledge 01' a) any spill on the Property, b) any elCisting or threatened environmental lien igalnst the Prop~ or c) any lawsuit. proceeding or Investigation regarding rhe generation, storage, t_meot, spur or transfer of hazardous $ull.wmces on the I'roperty. ThIs provision $hall survive Closing and is . not cleemed satisfied by oonveyanGe of title. 7, Owner shal! indemnify, defend, alVe and flold hermlNa the Purchaser against ancl from, IJInd to reimburse the Purchaser WIth mpeet to, any and all damages, claims, liabilities, lawll, costs end expen!les (inCludIng 'NIthOl.l! limitation nilasonaDfe paralegal IIInd BttOmey fees I!lnd expenses Whether in court, out cf court, in bankruptcy or Ildmin/$trative proceedings or on appe.Q, penalties Or tinee . incurred by or asser1ed agein$1 tI1e Pu rchaser by renon or arising out of the breach of Owner's representatian ynder Section 6, ThIs provlSlof1 ahall survive Closing aod is nOT deemed satisfied by COnveyance of title. B, The Purcl1aser shaU pay for all COSt$ of reoording the conveyance instnrment in the Public Records of Collier County, Flcrlda, and any property lax proration fr.om January 1liit of the current year to date of C1O$ing. All other con .Hoc;iO!d with thls trsnsaetion Including but not limited to transfer, dOou:nlent8lry and intangible taxes, and recenflng oem for any cul'8ttve In~ments shaR be borne 11m;! paid by Owner. Owner shan b& fQSponsible for paying any costs endlor fee$ a!l$ociattd with securing from mortgllgee(s), end recording in the public rwcord!l of CoUler Coun1y, Florida, such full or partial release(s) or satl8faetion(s) as are necessary to convey l!l clear arld marketlble title to the PJ'Clperty. The cost of a title commitment stIaR be plid by Purohaser. S. This Agreement and the term!! and provislom hereof shall be etr..ctIve as of the date this Agraement i$ executed by both patties and AllaH inure to the benefit of and be binding upon the parties h&r6!tD and their fftpec:tlve hell1l, executors, persoMI represerrlatives, IUccessorn, SUcalSSOf tru8l:9EIS, and/or assignees, whenever the conte~ SO requires or admits. 10. If the Owner holds the Property in the form CIf a partnership, limited partnership, corporation, trust or any 10rm of reprauntative capacfly whetsoever for ethers, OWner .shall make a writt.n pubB~ d1aelosure, according to Cha"ter 286, Florida Statutes, undar oath, of the name and addr~!!l Of every person havin9 a ben.tichll infelvst io the Property before the Property held In such eapacrty III conveyed to PurchaBer, lt$ succe5sors and assigns. {If the corporation ifl registered witI1 the Federel Seouritlea i:xc"anga Commission or regi.tared pursuent to Chapter 517, FlOrida Statutes, whOM'J stock is for sale to the general public, it is hereby exempt frem the provi5igns of Chapter 286, Flarlda Statutes,) 05/19/2009 05:25 2396591445 C:li22t zl!le~ 11: !5~. ":~"lIlItl~ Ib ~ Pl.lroh.. Agreement NA/'.ICYSDOLLI-IJUSES Agenda Item~16~J 4 . , June 9, 2009 .......Ii. Oll=lIl:1:l Page 7 of 8 ~ ~IMI~ bt~V!~ Page 3 , 1. This Agreement Ie gol/ermld ent! COMtrued )n 8eccnUnoe wilt1 the IIIWB of the State of Florida. IN WrThlESS WHEREOF, the pattie. hereto hhe ~utltCS this Agreement on tnls _ day of lJIQy, .2009. Date Property acquiflitiQn approved by ace: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK. Clerk . De"uiy CIetIc AS TO OINNER: DATED: r:; /z. 3 /d/ Witness (Signllflure) Name: (Print or Typ&) Witness (Signature) Name: (Print or Tvpe) Cto E10ARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY; DONNA FIAlA. Chairman _lL... QQ W.~ RUSSELL W. HOLAWA ~~ NANCY HO . ~Olro ..-0_ UOO (ONro "-a)iJ) OiJ)OJ Zectl ::JCl.. E, :& ctI ~ 1ii OJ <( ~ L- C\) 0- a> ..... en C\) ~ ~ o (f) >. ..... c ::l o () L- a> o () '+- o C o :;::; C\) () o a> L- ::l ..... ::l U.