Agenda 04/08/2008 Item #16B10
Agenda Item No. 16810
April 8, 2008
Page 1 of 23
EXECUTIVE SUMMARY
Recommendation to approve a Purchase Agreement for the purchase of 0.583 acres of
unimproved property, required for the six-Ianing of Davis Boulevard (Capital
Improvement Element No. 33, Project No. 60073). Estimated fiscal impact: $125,000.00.
OBJECTIVE: To secure a parcel required for the expansion of Davis Boulevard from four
lanes to six lanes, by purchasing an lll1improved parcel along the northerly bOlll1dary of the Cedar
Hammocks Golf and Country Club. This parcel is an unimproved preserve tract of .583 acres.
CONSIDERATIONS: The designs of the roadway improvements have identified the need for
additional right-of-way on the south side of Davis Boulevard. This right-of-way will
accommodate a portion of the proposed sidewalk. The land in question has no stand alone
development potential but is considered a valued part of the parent tract of 413 acres.
The Cedar Hammock Community Development District has agreed to sell the .583 acres to
Collier COlll1ty for the widening of Davis Boulevard for the sum of at least $102,960 but not to
exceed appraised value of the property.
The Cedar Hammock Commlll1ity Development District property was appraised by an
independent real estate appraiser on August 14, 2007 for a total value of $ I 25,000.00.
The subject property is a 0.583 acres located within the bOlll1dalY of the Cedar Hammock Golf
and Country Club Community Development District. The County requires right-of-way along
the southern property boundary for the Davis Boulevard roadway improvements.
A Conservation Easement exists in favor of Collier County which was dedicated to the County
on Plat Book 32, Page 91.
FISCAL IMPACT: The total payment for the acquisition of .583 acres right-of-way will be
$125,000. Flll1ds in the amount of $102,960 are from Lennar Homes for payment-in-lieu of
sidewalks along the proposed improvements of Davis Boulevard. This revenue will be deposited
in the pathways project 6908 I. A budget amendment is necessary to recognize this revenue and
appropriate into the David Boulevard project 60073. The remaining amount of $22,040 will be
paid from the Davis Boulevard project.
GROWTH MANAGEMENT IMPACT: As part of the COlll1ty's Capital Improvement Plan
Element, the six-lane improvements to Davis Boulevard (Project No. 60073) are an integral part
of Collier County's Growth Management Plan.
RECOMMENDA TION: That the Board of COlll1ty Commissioners of Collier COlll1ty:
1. Approve the attached Purchase Agreement;
2. Authorize its Chairman to execute same on behalf of the Board;
Agenda Item No. 16810
April 8, 2008
Page 2 of 23
3. Authorize its Chairman to release the Conservation Easement as identified by the Legal and
Sketch Exhibit Parcel 101;
4. Authorize the County Manager or his designee to close the real estate transaction with the
Cedar Hammock Community Development District as contemplated by said Purchase
Agreement;
5. Accept the real property conveyed thereby;
6. Authorize staff to record the instruments of conveyance in the public records; and
7. Authorize any budget amendments which may be required in order to implement the
collective will of the Board.
Prepared by: Claudine Auclair, Principal Planner, Transportation Planning Department
Attachment: Purchase Agreement
Exhibit "A" (Sketch and Legal Description)
Exhibit "B" (Appraiser's certification)
Ordinance No. 99-81
Resolution 2007-8
Budget Amendment
Quit Claim Deed
Page 10f2
Agenda Item No. 16810
April 8, 2008
Page 3 of 23
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16610
Meeting Date:
Recommendation to approve a Purchase Agreement for the purchase of 0.583 acres of
unimproved property, required for the six-Ianing of Davis Boulevard (Capital Improvement
Element No. 33. Project No. 60073). Estimated fiscal impact: $125,00000.
4/8/20089:0000 AM
Prepared By
Claudine Auclair
Principal Planner
Date
Transportation Services
Transportation Planning
11/9/20073:24:53 PM
Approved By
Claudine Auclair
Principal Planner
Date
Transportation Services
Transportation Planning
11/9/20072:40 PM
Approved By
Nick Casatanguida
MPO Director
Date
Transportation Services
Transportation Planning
1119/20073:26 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
11/9/20074:27 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
11/13/2007 9:49 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM.ROW
11/13/200710:06 AM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/14/20073:34 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
11/14/20073:36 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
1/30/20088:54 AM
Approved By
file://C:\A1!endaTest\ExDort\ I 04-Aoril%208.%202008\16.%20CONSENT%20AGENDA \ 16...
4/2/2008
Page 2 of2
Agenda Item No. 16810
April 8, 2008
Page 4 of 23
Susan Usher
Senior ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
312812008 9:38 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3129120088:27 AM
file://C:\AgendaTest\Exvort\ 1 04-Avril%208. %202008\ 16.%20CONSENT%20AGENDA \16... 4/2/2008
I
Agenda Item No. 16810
April 8, 2008
Page 5 of 23
APPRAISERS CERTIFJCATION
I certify to the best of my knowledge and belief, that:
I. The statements of fact contained in this report are tnJe and correct
2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my
personal, impartial, unbiased, professional analyses, opinions, and conclusions.
3. I bave no (or the specified) present or prospective interest in the property that is the subject of this report, and I bave no (or the
specified) personal interest or bias with respect to the parties involved.
4. My engagement in this assignment was not contingent upon developing or reporting predetermined results.
5. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or
direction in value that favors the cause of the client. the amount of the value opinion, the attainment of a stipulated resut~ or the
occurrence of a subsequent event directly related to the intended use of this appraisal.
6. The reported analyses, opinions, and conclusions were developed and this report bas been prepared, in conformity with the
requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which
include tlte Uniform Standards of Professional Appraisal Practice
7. The use of this report is subject to the requirements of Collier County relating to review by tlte Real Estate Appraisal Board.
8. I have made a personal inspection of the property that is the subject of this report and I have afforded tlte property owner tlte
opportunity to accompany me at tlte time of tlte inspection. I have also made a personal field inspection of the comparable sales
relied upon in making this appraisal. The subject and tlte comparable sales relied upon in making this appraisat were as represented
by the photographs contained in this appraisal.
9. No one has provided significant professional ao;sistancc to tlte person signing this report.
10. I understand that this appraisal is to be used in connection with the acquisition of rigbt-of-way for tlte expansion of Collier Boulevard
to be constructed by Collier County.
II. This appraisal has been made in conformity witlt the appropriate State laws, regulations, policies and procedures applicable to
appraisal of right-of-way for highway pwposes; and, to the best of my knowledge, no portion of tlte property value entered on this
certificate consists of items which are noncompensable under the established law of tlte State of Florida.
12. I have not revealed the [rodings or results of this appraisal to anyone other than the proper officials of Collier County and I will not do
so until SO authorized by Collier County officials, or until I am required by due process of law, or until I am released from this
obligation by having publicly testified as to such findings
13. I, Michael P. Jonas, am currently licensed pursuant to tlte laws of tlte State of Florida as a State Certified General Real Estate.Appraiser, license number RZ2623 , through November 30, 2006.
14. Acceptance and utilization of this appraisal report, or any portion thereof, constitutes acknowledgement and acceptance of all General
Assumptions and Special Conditions contained herein.
Based upon my independent appraisal and tlte exercise of my professional judgmen~ my opinion of tlte market value for the acquisition
from the subject property, as of the 14th day of AJl&1l.l'1 2007, was: $ 125.000 .
Market value should be allocated as follows:
LAND $ 125.000
IMPROVEMENTS $ -0-
NTI DAMAGES &lOR
COST TO CURE"
TOTAL
LAND AREA (Ac/SF)
0.583 Ac / 25.395 SF
$
$
-0-
t25.000
~
DA STATE CERTIFIED GENE
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ORDINANCE NO. 99-.81
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Agenda Item No. 16B 1 0
April 8, 2008
Page 6 of 23
./
AN ORDINANCE ES1ABLISHING THE CEDAR HAMMOCK
COMMUNITY DEVELOPMENT DISTRlCT; DESClUBING
THE EXTERNAL BOUNDAlUES OF THE DISTRlCI;
NAMING THE INITiAL MEMBERS OF THE BOARD OF
SUPERVISORS; NAMING THE DISTRlCI; PRovIDING FOR
CONFUCI AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS U.S. Home Cotpon.tion. has petition<d the board ofCotlllly Commissioners
I
I
to establish the CEDARHAMMOCX COMMUNITY DEVELOPMENT DISTRICT; and
,
WHEREAS. the Board of Cminty Conunissionc:n, after proper published notice
conducted a public hearing on the peti~o. as required by law and detercnined the following:
I. The petition is complete in that it meets the requirements of Section 190.005 (1) (a),
Florida Statutes; and all ~emen1S COGtaincd within the petition are true and correct.
,
2. Establishment of the propo~ district is not inconsistent with the local Comprehensive
Plan of Collier County and is not inconsistem with the State Comprehensive Plan.
3. That the area ofland within the proposed district is ofsufiiciem size. is sufficiently
compact, and is sufficiently conti~ous to be developable as one functional interrelated
community.
4. That the district is tbe best futemative aVllilable for delivering community development
semccs and fucilities to the area tlUt will be suviced by the district.
5. That the colDDUlJlity devclcipmem services and faaTtti.. of the district will not be
incompanble with the capat:ity and[uses of existing Ioeal and regiooaI community development
&erviecs and fac;ilities.
6. That the area will be served by the district is amenable to sepontte .pecial district
,
gOvenutlent; and
I
I
WHEREAS. it i. the policy o~the State, as provided in Section 190.002 (2) (c). Florida
Statut... that the ex...,;.e by any independent district ofit> power. as set forth by uniform
general Jaw comply with all applicable governmelltal Jaws. rules, regulations. and po~ci.s
govoming planning and permitting oflbe developmem to be served by the district. to ensure that
neither the esrablisbmatt POI OpenltioJi ofllllCb district is. dovclopmeDt order under Cbap\er 380,
Florida Statutes. and that the district so establisbed does OOt have any zoning or permitting
powetS governing development; and
-1-
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t'"'.ov"!>
WHEREAS. Soction 190.044 (3). Florida Statutes, ~nMd... that allgoVcrnmemal
. planning, envirOllllleDlal, llld land WO_l1oM, reguIatioos. aD<! ordinances apply to an
development of the Illld within a conninmity development district; and that . district shall take DO
action which is inconsistem with appUwle comprehensive plans, ordinances, or regulations of
local general purpose government; an4
WHEREAS. pum13IlI.lO Section 190,0\2, Florida Statutes. the di3trict', spe<:ial powers
are subjeel to the regulatory jurisdiction and permitting authority of aU applicable governmental
bodies, ageiJcies and special distr:icu having authority with respea to any area inc:luded therein.
NOW. THEREFORE. BE IT ORDAINED BY TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER. COUNTY. FLOIUDA thaI:
SECTION ONE: AUIHORlTY FOR ORDINANCE
This Ordinance is adopted l"'f'!Ull"1 to Section 190.005 (2), Florida Slatula, and other
applicable provisions oflaw govemin8 county ordinances.
SECTION lWO: ESTABUS~ OF un; CEDAR HAMMOCK COMMUNITY
DEVELOPMENT DISTRICT.
The Cedar Hammocl: Commwrlty Development District is hereby established "WithiD the
boundaries of the real properlY described in Exhibit "A" attached hereto and incorponrted by
reference herein.
SECTION TlIREE: DESIGNAnON OF INITIAL BOARD MEMBERS
;
The foDo"llling five p=ons arc ihcn:with designated to be the initial members of the Board
of Supervisors:
l. Peter Comeau ,
10491 SixM11e Cypress Parkway
Suire 101 .
ft. Myers, FL 33912
3. JeffLedW1U'd
6249 Presidential Court
Suite ''B"
Ft. Myers, FL 33906
1. CoJl8tallline Bonitez .
10491 Six Mile Cypress PJrkway
Suire 101 i
Ft. Myers, FL 33912'
4. Jolm F. Stanley
2600 Airport Road Soutb
Naples, FL 34104
S. Joe Grimes
10491 SixMileCypressPatkway
Suite 101
Ft Myers. FL 33912
i
I
SECTION FOUR: DISTRICT-NAME
,
I
The commucity development ~ herein established shal1 hMcefonh be known .. the
Cedar Hammoclt Comnmnity Development District
-2-
Agenda Item No. 16810
April 8, 2008
Page 7 of 23
NOli 24 199 H):.:;I3=r1 y V &. V
I-'_~I'ld
SECTION FIVE: STATUTOQY PQOVISIONS GOVEaMNG DISTRICT
The Cedar lbmmock Co~ lkveIopment District sball be governed by the
provision of Chapter 190, Florida StatUtes.
SECflON SIX: CONFLICl' ANi> SEVERABD.JTY
I
In the event this Ordinance corillicrs witIJ any o!bet ordin:lnce of Collier County or other
applicable law, the more restrictive s~ apply. If any phrase or portion of this Ordinance is held
invalid or unconstitntional by any ~ of competent jurisdiction, sucb portion shall be deemed a
separate, distinct, and independent pr~vision and such holding sball not affect the validity of the
remaining portion.
SECTION SEVEN: INCLUSION iN CODE OF LAWS AND ORDINANCES
I
The provisions of this Ordinance shall ~ and be made a pan of the Code of Law> and
OrdinaDccs ofCoIJier County, Florida.; The sections of the Ordinances may be renumbered or
re1cttert:d to accomplish such, and the !word "ordinancc" may be changed 10 "section". "article".
or any other appropriate word.
SECTION EIGHT: EFFECIlVE riA TE:
I
This Ordinance shall become ~ective upon tiling with the Florida Department of State.
PASSED AND DULY ADOPIEO by' the Board of County Commissioners of Collier County,
.t:d ;
Florida, this,a3 dayof(\l>Jerv.-.6eJ .~ 1999
ATTEST:
~:~.fj;>c/ciertk
Attest IS to C". frman '"
sllllatart 0011.
ApProved as to Form
and Legal Sufficiency
BOARD OF COUNTY COMMISSIONERS
COWER COUNTY, FLORIDA
,ylif!llgl}f~
P S. MAC , Chairw
su..kIf\<omp pIanIOIUl.
-3-
Agenda Item No. 16810
April 8, 2008
Page 8 of 23
'NOV 24 '99 HJ; 44AM Y " ~. v
P.6/8
Agenda Item No. 16B 1 0
April 8, 2008
Page 9 of 23
EXHIBIT "A"
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DESCRIPTION
OF
A PARCEL OF LAND
, LYINGIN
SECTION 3, TOWNSHIP SO, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
(~ARHAMMOCK)
A TRACT OR PARCEL OF LAND, SITUATED IN mE STATE OF FLORIDA, COUNTY
OF COLLIER. LYING IN SECTION!3, TOWNSIDP 50 SOUI'H, RANGE 26 EAST, AND
BEING FURlHER BOUND AND DESCRIBED AS FOLLOWS:
,
BEGINNING AT SOUTHWEST CORNER OF SECTION 3, TOWNSlllP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; tHENCE N. 880 56' 52" E. ALONG TIlE
SOUTH LINE OF THE SOUTIIWEST QUARTER OF SAID SECTION 3 FOR 2567.09 FEET
TO THE SOUTHEAST CORNER OF SAID SOlTIHWEST QUARTER; THENCE N. 880 56'
52" E. ALONG THE SOUTH LINE OF tHE SOUTHEAST QUARTER OF SAID SECTION 3
FOR 2441.77 FEET TO THE WEST LINE OF A PARCEL AS DESCRIBED iN OFFICIAL
RECORDS BOOK 1945, PAGES 1 n AND 178, COLLIER COUNTY PUBLIC RECORDS;
THENCE N. 000 51' 56" E. ALONG THE WEST LINE OF SAID PARCEL FOR m8.41 FEET
TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3; TIiENCE
S. 89" 19' 38" w. ALONG SAID SOUTH LINE FOR 1827.03 FEET TO THE SOUTIiEAST
CORNER OF THE WEST ONE HALF OF 11IE WEST ONE HALF OF THE NORntEAST
QUARTER OF SAID SECTION 3; THENCE N. 00" 17' 56" E. ALONG tHE EAST LINE OF
SAID FRACfiON OF SECTION FOR 704.31 FEET; TIiENCE S. 89" 34' 06" W. FOR 652.88
FEET TO tHE WEST LINE OF SAID FRACTION OF SECTION; THENCE N. 000 07' 06" E.
ALONG TIIE EAST LINE OF THE ~ORTHWEST QUARTER OF SAID SECTION j FOR
1974.83 FEET TO THE SOU11lEASTERI. Y RlGIIT-OF-W A Y LINE OF DAVIS
,
BOULEY ARD (S.R. 84) (150 FEET WIDE) AND AN INTERSECTION WI11l A CURVE TO
TIIE LEFT, HAVING A RADIUS OF 3224.04 FEET AND TO WHICH INTERSECIlON A
RADIAL LINE BEARS N. 13045' 10" W.; lHENCE SOunIWESTERL Y ALONG SAID
CURVE AND SAID RIGlIT-0F- WAY LINE THROUGH A CENTRAL ANGLE Of 050 30'
05~ FOR 309.56 FEET TO THE BEGINNING OF A COMPOUND CURVE TO 1'HE LEFT,
HAVING A RADIUS OF 2789.79 FEET; mENCE SOU1HWESTERL Y ALONG SAID
CURVE AND SAID RIGlIT-0F-W AY LINE THROUGH A CENTRAL ANGLE OF 40" 27'
49" FOR 1970.21 FEET; THENCE s.!3O" 16' S6~ W. ALONG SAID RIGHT..{)F-WAYUNE
I
FOR 1618.21 FEET TO THE NORm LINE OF THE WEST HALf OF TIlE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3; lHENCE N. 19" 19'
. l:iJ1&l;l lor 2
f-". .(/8
Agenda Item No. 16610
April 8, 2008
Page 10 of 23
3S" E. ALONG SAID NORm LINE FOR-043.12 FEET TO TIlE NORTHEAST CORNER OF
SAID FRACTION OF SECIlON; TIiENCE S. 000 27' 35" E. ALONG THE EAST LINE OF
SAID FRACTION OF SECTION FOR 1403.17 FEET TO THE SOtmlEAST CORNER OF
SAID FRACflON OF SECTION; 'IRENCE S. 8<]0 OS' 20" W. ALONG tHE SOU1l:l LINE OF
SAID FRAcnON OF SECTION FOR 646.45 FEET TO 1HE WEST LINE OF SAID
SECIlON 3; TIlENCE S. 000 39' 04" E. ALONG SAID WEST LINE FOR 1405.2& TO lEE
POINT OF BEGINNING. ;
'f'!JV 24 '99 1O;44AM y ,; ~V
PARCEL CONTAINS 41732 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERV A nONS AND RIGHTS-OF. WAY
OF RECORD. I
SUBJECT TO FACTS THAT MA ~ BE REVEALED BY AN ACCURATE BOUNDARY
SURVEY. .
,
BEARINGS ARE BASED ON mE SOumEASTERL Y RlGlIT-OF- WA Y OF DA V1S
;
BOULEVARD (SJl. 84), AS BEARING S. 30. 16' 56" W.
I
DESCRlPTION PREPARED ON JANUARY 22, 1999.
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NOV 24 '99 10;45AM y , · v
Agenda Item Nb&jI6B 10
April 8, 2008
Page 11 of23
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 99-81
Which was adopted by the Board of county Commissioners on
the 23rd day of November, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of
County commissioners of collier County, Florida, this 23rd day of
November, 1999.
DWIGHT B. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
county commissioners
If ~ .J. I: _' ,"'~~
~.~~
By: Karen schoch,
Deputy Clerk
Agenda Item No, 16B10
April 8, 2008
Page 12 of 23
RESOLUTION NO. 99.~
A RESOLUTION RELATING TO THE CEDAR HAMMOCK
COMMllNITY DEVELOPMENT DISTRICT BY
CONSENTING TO THE DISTRICT'S EXERCISE OF
SPECIAL POWERS RELATING TO PARKS AND
RECREATION AND SECURITY.
WHEREAS, the Cedar Hammock Community Development District was established by
Collier County Ordinance No. 99.&1 which became effective on November 24, 1999; and
WHEREAS, the Board of Supervisors of the Cedar Hammock Development District
("District") has requested the consent of Collier County to exercise certain additional special powers
pursuant to Section 190.012(2), Florida Statutes; and
WHEREAS, the District's Board of Suptirvisors has requested that Collier County consent
to the exercise of special powers relating to parks and recreation and security; and
WHEREAS, Collier County has reviewed the District Board of Supervisors' request.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Cedar Hammock Community Development District is governed by the
provisions of Chapter 190, Florida Statutes. Additionally, the Board of County
Commissioners of Collier County, Florida, hereby consents to the Board of
Supervisors of the Cedar Hammock Community DevelopmentDistrict exercising the
following special powers in accordance with Section 190.012(2), Floridll Statutes,
to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate
and maintain additional systems and facilities for:
(a) Parks and facilities for indoor and outdoor recreational, cuJtuml and
educational uses.
(b) Security, including, but not limited to, guardhouses, fences and gates,
electronic intrusion detection systems, and patrol cars, when authorized by
proper governmental agencies; except that the District may not exercise any
police power, but may contract with the appropriate local general purpose
government agencies for an increased level of such services within the
District boundaries.
Agenda Item No. 16810
April 8, 2008
Page 13 of 23
3. Consent to exercise the above powers by the Board of County Commissioners in no
way implies that Collier County has any obligation or responsibility to ensure that
these special powers are exercised by the District nor any liability in regards to the
District's exercise of these special powers.
4. This Resolution shall become effective upon an affirmative vote of a majority of the
County Commission at a duly noticed public hearing.
PASSED AND ADOP.Ji'ED by the Board of County Commissioners ofeollier County,
Florida, this ~day of p:r~~tv../, 1999
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, i .,~~1;lt.,E: BROCK, Clerk
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. "::..:,:.:'::"".~ signature only.
. ,'Approved as to fonn
and legal sufficiency:
M. rL f -At!{ A -
Heidi F :-Ashton '-"" -
Assistant County Attorney
.-., -
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORID
...
By:
---
G:\usersIBETSY\WPll\CEDAR HAMMOCK CDDlADD POWERS RESO,wpd
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Agenda Item No, 16 B 1 0
April 8, 2008
Page 14 of 23
Resolution 2007- 8
A resolution for stating the Cedar Hammocks Golf and Country Club
Community Development Districts intention to transfer real estate
currently held by the District to Collier County for road improvements.
Where as the Collier County Transportation Department has proposed to acquire a tract
of unimproved preserve, .583 acres, along the Cedar Hammocks road frontage on Davis
Boulevard, and
Where as the tract of land in question is part of the Cedar Hammocks original permit
ordinance for development of Cedar Hammocks Golf and Country Club and
Where as the tract of land in question has no stand alone development potential but is
considered a valued part of the parent tract of 413 acres which is predominately preserves
and golf course and is attached as Exhibit A to this resolution and
Where as Collier County, based upon appraisals, has made an offer to purchase the .583
acres for the sum of $102,960, payable to Cedar Hammock CDD through thc Districts
management company, Severn Trent Management Services, who will deposit i1 into the
Cedar Hammock CDD account.
Now Therefore Let It Be Resolved that the Cedar Hammock CDD Board of Supervisors
does hereby agree to sell the ,583 acres to Collier County for the widening of Davis
Boulevard for $102,960 and
Let Be Further Resolved that if the final appraisal impact of the County appraisal is more
than the agreed upon price thcn the County will pay the District the difference between
the appraisal price and the agreed upon price and
Let Be Further Resolved that if the final appraisal price is less than the agreed upon price
then the District will retain those funds and will not have to return them to the County.
Nor shall they have to install any improvements at the Districts expense for sidewalk or
other improvements that might be required as part of this project.
Adopted this 9th day of July, 2007
c~~
Calvin Teague, ecretary
.~-
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Agenda Item No, 16B10
April 8, 2008
Page 15 of 23
PROJECT: Davis Boulevard Widening Project #60073
PARCEL No(s): 101FEE (FOOT Parcel No. 100.1)
FOLIO No(s): A portion of 25894999467
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this day of , 20_, by and
between CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT, whose
mailing address is 5726 Corporation Circle, Ft. Myers, Florida 33905, (hereinafter
referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112
(hereinafter referred to as "Purchaser").
WHEREAS, Purchaser 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 Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser 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. 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. The purchase price (the "Purchase Price") for the Property shall be
$125,000.00 (U,S. Currency) payable at time of closing, subject to the
apportionment and distribution of proceeds pursuant to Paragraph 9 of this
Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant, 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 the cost to relocate the existing irrigation system and other
improvements, and the cost to cut and cap irrigation lines extending into the
Property, and to remove all sprinkler valves and related electrical wiring, and all
Agenda Item No, 16B 10
April 8, 2008
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other damages in connection with conveyance of said Property to Purchaser,
including all attorneys' fees, expert witness fees and costs as provided for in
Chapter 73, Florida Statutes.
3. 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 or release such encumbrances from the Property upon their
recording in the public records of Collier County, Florida. Owner shall provide
such instruments, properly executed, to Purchaser on or before the date of
Closing. Owner shall cause to be delivered to Purchaser the items specified
herein and the following documents and instruments duly executed and
acknowledged, in recordable form (hereinafter referred to as "Closing
Documents"):
(a) Warranty Deed;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) 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 Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence of this Agreement
and that, therefore, Closing shall occur within one hundred twenty (120) days
from the date of execution of this Agreement by the Purchaser; provided,
however, that Purchaser shall have the unilateral right to extend the term of this
Agreement pending receipt of such instruments, properly executed, which
either remove or release any and all such liens, encumbrances or qualifications
affecting Purchaser's enjoyment of the Property. At Closing, payment shall be
made to Owner in that amount shown on the Closing Statement as "Net Cash
to Seller," and Owner shall deliver the Closing Documents to Purchaser in a
form acceptable to Purchaser, Purchaser shall be entitled to full possession of
the Property at Closing.
5, Owner agrees to relocate any existing irrigation system located on the Property
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser.
Owner assumes full responsibility for the relocation of the irrigation system on
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April 8, 2008
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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 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 Purchaser.
Owner acknowledges that Purchaser has compensated Owner for the value of
the Improvements and yet Purchaser is willing to permit Owner to salvage the
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. Owner and Purchaser 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. 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) 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 Owner to be performed pursuant to the provisions
of this Agreement.
(c) No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
(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 Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by
Purchaser for any reason whatsoever.
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April 8, 2008
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(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 Purchaser in writing prior to
the effective date of this Agreement.
(g) Purchaser 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 Purchaser.
(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
Purchaser; 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 Purchaser, 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.
8. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and reimburse the Purchaser 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 Purchaser by reason or arising out of
the breach of any of Owner's representations under paragraph 6(h). This
provision shall survive Closing and is not deemed satisfied by conveyance of
title.
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April 8, 2008
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9. Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed recording fees, and any and all costs and/or fees
associated with securing and recording 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 for the execution of any release, subordination or satisfaction,
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. In
accordance with the provisions of Section 201.01, Florida Statutes, concerning
payment of documentary stamp taxes by Purchaser, Owner shall further pay all
documentary stamp taxes required on the instrument(s) of transfer, unless the
Property is acquired under threat of condemnation,
10. All 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 with due allowance made for maximum allowable discount,
homestead and any other applicable exemptions 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,
11. 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.
12. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner 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 the Property held in such capacity is
conveyed to Purchaser, its successors and assigns. (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. )
13. 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 constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises,
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April 8, 2008
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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 Purchaser.
14, 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.
15. This Agreement is governed and construed in accordance with the laws of the
State of Florida,
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April 8, 2008
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
TOM HENNING, Chairman
AS TO OWNER:
WITNESSES:
CEDAR HAMMOCK COMMUNITY
DEVELOPMENT DISTRICT
Witness (Signature)
BY:
FRANK VASELEWSKI, Chairman
(Print Name)
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
Heidi F, Ashton
Assistant County Attorney
Agenda Item No, 16B10
April 8, 2008
Page 22 of 23
~~~
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~\-S TRACT C-2
<\;)'<> CEDAR HAMMOCK
PLAT BOOK 32 PAGE 91
FEE SIMPlE
INTEREST
Title: PARCEL 10lFEE I Date: 01-11.2008
Scale: 1 inch = 400 feet I File: Davis lOIFEE.des
Tract]: 0,583 Acres; 25390 Sq Feet: Closure ~ s57.525Ow O.Ot Feet: Precision ~1I463199: Perimeter ~ 4514 Feet
OOI~sOO,0556w 24.t4 003:RLR",Z789.79.rkl(;l=:3'J.5415
002: LL R=2789.79, Delta=l5.5734 &"!:'Ri:OR~~22~404. [)Clw=OS.2951
Bng=:s54.2417w Bns:=n73_2757e
Agenda Item No, 16B 1 0
April 8, 2008
Page 23 of 23
PARCEL 101FEE
That portion of Tract C-2, Cedar Hammock, a subdivision in
Section 3, Township 50 South, Range 26 East, as per plat thereof
recorded in Plat Book 32, Page 91, Public Records of Collier
County, Florida.
Being described as follows:
Commence at the northeast corner of the northwest 1/4 of said
Section 3; thence along the east line of said northwest 1/4,
South 00005'56" West a distance of 146.18 feet to the southerly
existing right of way line of State Road 84 [Davis Blvd. (per
Section 03506-2601)] for a POINT OF BEGINNING; thence continue
along said east line South 00005'56" West a distance of 24.14
feet to the beginning of a curve concave southeasterly and having
a radius of 2,789.79 feet; thence leaving said east line the arc
of said curve to the left a distance of 2,237.82 feet through a
central angle of 45057'34" with a chord bearing South 54024'17"
West to said southerly existing right of way line and to the end
of said curve and the beginning of a curve concave southeasterly
and having a radius of 2,789.79 feet; thence along said southerly
existing right of way line the arc of said curve to the right a
distance of 1,942,97 feet through a central angle of 39054'15"
with a chord bearing North 50046'24" East to the end of said
curve and to the beginning of a curve concave southeasterly and
having a radius of 3,224.04 feet; thence continue along said
southerly existing right of way line the arc of said curve to the
right a distance of 309.35 feet through a central angle of
05029'51" with a chord bearing North 73027'57" East to the end
of said curve and to the POINT OF BEGINNING.
Containing 25,390 square feet.
..