Agenda 02/10/2026 Iterm #16B 1 (Agreement for the acquisition of Drainage Easement for the widening of Airport Rd from Vanderbilt Beach Rd to Immokalee Rd)2/10/2026
Item # 16.B.1
ID# 2026-18
Executive Summary
Recommendation to approve an Agreement for the acquisition of a Drainage Easement (Parcel 103DE) required for
construction of the Airport Road Widening (Vanderbilt Beach Road to Immokalee Road) Project No. 60190.
OBJECTIVE: To acquire a drainage easement needed for construction of the Airport Road Widening (Vanderbilt
Beach Road to Immokalee Road) Project No. 60190 (the “Project”).
CONSIDERATIONS: Collier County is seeking to acquire a drainage easement (“Parcel 103DE”or “the Parcel”) from
Galleria Plaza Condominium Association (“Owner”) needed for construction of the Project. Parcel 103DE is a 408
square foot rectangular shaped parcel located on the west side of Airport Road between Galleria Drive and lands owned
by Pelican Marsh Community Development District. The attached Purchase and Sale Agreement (the “Agreement”) is
the result of amicable negotiations between the Owner and County staff and provides for payment of $7,500 for the
conveyance of the Parcel, being the amount requested by the Owner for sod replacement. The attached Memorandum
dated December 2, 2025, prepared by the Operations & Performance Management Division’s Review Appraiser, Lisa
Barfield, supports this payment as being reasonable. If Parcel 103DE is not acquired by negotiation, it will have to be
condemned. Significant risk factors accrue to the County in condemnation actions, including exposure to exorbitant
damages claims and liability for payment of attorney and expert witness fees and costs. Staff accordingly recommends
that the Board of County Commissioners (the “Board”) approve the Agreement as a better result is not expected if the
Parcel is condemned.
This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation
system to reduce traffic congestion and improve the mobility of our residents and visitors.
FISCAL IMPACT: Funds in the estimated amount of $7,700 are required, the compensation amount being $7,500, and
miscellaneous closing and recording costs estimated not to exceed $200. The primary funding source for the acquisition
is through Road Impact Fee District Funds (3090,3091), and Transportation Capital Fund (3081). Should impact fees not
be sufficient, the secondary source will be general funds. Maintenance of the acquired easement is estimated at $315
monthly until such time as project construction begins.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long-Range Transportation Plan
and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the major
roadway system at an acceptable Level of Service.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for
Board approval. – SAA
RECOMMENDATION(S):
1. Approve the attached Purchase and Sale Agreement and authorize the Chairman to execute same on behalf of
the Board.
2. Accept the conveyance of Parcel 103DE, and authorize the County Manager, or her designee, to record the
conveyance instrument in the public records of Collier County, Florida.
3. Authorize the payment of all costs and expenses that Collier County is required to pay under the terms of the
Agreement to close the transaction; and
4. Authorize the County Manager or her designee to take the necessary measures to ensure the County’s
performance in accordance with the terms and conditions of the Agreement.
PREPARED BY: Abigail Morales, Property Acquisition Specialist I, Right of Way Acquisition, Operations and
Performance Management Division.
Page 766 of 3707
2/10/2026
Item # 16.B.1
ID# 2026-18
ATTACHMENTS:
1. Aerial Exhibit - 103DE
2. Purchase and Sale Agreement 103DE
Page 767 of 3707
AERIAL – PARCEL 103DE
Project No. 60190 – Airport Rd. (VBR to Immokalee)
PARCEL 103DE
Page 768 of 3707
PROJECT
PARCEL:
FOLIO:
60190 Airport Road
'l03DE
34569300026
PURCHASE AND SALE AGREEMENT
(Drainage Easement)
PURCHASE AND SALE AGREEMENT ("Agreement") as entered into this lf, day of
025, by and between GALLERIA PLAZA CONDOMINIUM ASSOCIATION OF NAPLES, lNC.,D T IS
a Florida not for profit corporation, whose mailing address is c/o RE1 Advisor, LLC, l'164 Goodlette Road,
Naples, FL 34102, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, c/o County Attorney's Office, Suite 800, Naples, FL 341 12 (the "County").
Recitals
The County desires to purchase a perpetual non-exclusive drainage easement (the "Easement") over,
under, upon and across a portion of Sellels property as described in Exhibit "A" attached hereto (the
"Property").
NOW THEREFORE, the parties agree as follows:
L AGREEMENT TO SELL ANO PURCHASE. Seller hereby agrees to sell, and the County hereby
agrees to purchase the Easement on the terms and conditions set forth in thjs Agreement.
2. COMPENSATION,
A. Amount. The compensation payable by the County for the Easement shall be $7,500.00 subject
to prorations, apportionments, and distribution of sales proceeds provided for in this Agreement. No portion
of the compensation is attrlbutable to personal property.
B. Full Compensation. The payment of the net sales proceeds to Seller, payable by County check
at Closing (defined below), shall be (i) full compensation for the Easement, including, without limitation, all
improvements located on the Property as of the date of this Agreement; and (ii) full and final settlement of all
other damages and expenses suffered or incurred by Seller in connection with Seller's conveyance of the
Easement to the County, whether foreseen or unforeseen, including, without limitation, and to the extent
applicable, moving expenses, attorneys' fees, expert witness fees and costs as provided for in Chapter 73,
Florida Statutes.
3. eg-E!!C_9!SC!OSUBE. lf Seller holds title to the Property in the form of a partnership, limited
partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall, before
the full execution of this Agreement, make a written public disclosure, according to Section 286.23, Florida
Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person
having a beneficial interest in the Property before the Easemenl is conveyed to the County. The foregoing
notwithstanding, (i) if Seller is a corporation registered with the Federal Securities Exchange Commtssion or
registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is exempt
froh the provisions of Section 286.23, Florida Statutes, and (ii) the names and addresses of persons or entities
holding less than 5 percent of the beneficial interest in the disclosing entity are not required to be disclosed.
4. puRposE oF EASEMENT. The Easement shall be for drainage and stormwater management
purposes anO inctuOes tf'e r,gfrt to enter upon the Easement to a) construct, operate, maintain, repair, replace
and reror" ponds, lakes, crnals, weirs, pumps, underground pipes, ditches, swales, earthen berms, rip-rap,
retaining walis and other retaining systems, irrigation lines, laghting and other electrical facilities, and all other
types oiwater conkol and related stiuctures and facilities, at County's sole discretion; and b) place, excavate,
J"", ,tor", plant, remove and dispose of soil, trees, landscaping, and other materials and improvements.
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Page 769 of 3707
including the removal and disposal of any and all property, real and/or personal, not owned by the County to
the extent it interferes with the County's rights under the Easement, without liability to the owner of such
property, all as deemed necessary or appropriate from time to time by the County.
A. Closinq Date. Seller's conve yance of the Easement to the County (the "Closing") shall occur
within 30 days of the County's receipt of all properly executed Closing Documents (defined below). TIME lS
OF THE ESSENCE. The Closing shall take place at the offices of the County's Operations and Performance
Management Division,2685 S. Horseshoe Drive, Suite 103, Naples, Florida 34104.
B. Possession. Seller shall remove Seller's personal items, vacate, and surrender possession of
the Easementtothe County at Closing. Sellershall leave the Property free of all personal property and debris
and in substantially the same condition as exists on the date of Seller's execution of this Agreement. The
County shall have the right to inspect the Property prlor to Closing.
6. CLOSING DOCUMENTS. As soon after the parties' execution of this Agreement as is possible,
Seller shall deliver the following documents to the County, properly executed and in a form approved by the
Collier County Attorney's Office (the "Closing Documents"):
Drainage Easement instrument;
Closing Statement;
Affidavit of Title;
Form W-9 (Request for Taxpayer ldentification Number and Certification);
Evidence of legal authority and capacity of the individual executing this Agreement on behalf
of Seller to execute and deliver this Agreement and the Closing Documents;
Such other documents as the County or title company deems necessary or appropriate to
clear title to the Easement.
Following the Closing, Seller shall execute any and all additional documents as may be requested by the
County or title company to correct clerical errors, clear title, or otherwise carry out the intent of the parties.
7. CLOSING COSTS AND DEDUCTIONS
A. Countv's Closinq Costs. At Closin g, the County shall pay (i) the recording fees to record the
Easement instrument and any curative instruments required to clear title, and (ii) the cost of an owner's policy
of title insurance if the County elects to obtain one.
8. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS.
A. Relocation. Seller a grees to relocate existing irrigation, electrical, or other systems located on
the Property, if any, including, but not limited to, irrigation lines, sprinkler valves, electrical wiring, etc.
("Systems"), prior to the commencement of construction, without any further notification from the County.
Seller assumes full responsibility for the relocation of all Systems and their performance on the remainder
property after relocation. Seller holds the County harmless for any and all possible damage to the Systems in
the event Seller fails to relocate the Systems prior to the commencement of construction.
B. Retention of lmprovements. Seller acknowled ges that the County has compensated Seller for
the value of all improvements and landscaping ("lmprovements") located on the Property, and yet the County
is willing to permit Seller to salvage said lmprovements provided same are removed from the Property prior to
the commencement of construction. lf Seller elects to retain any lmprovements located on the Property, Seller
is responsible for their removal prior to the commencement of construction, without any further notification from
the County. All lmprovements remaining on the Property at the time of commencement of construction shall
be deemed abandoned by Seller.
C. This section shall survive Closing and is not deemed satisfied by conveyance of the Easement.
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Page 770 of 3707
9. SELLER'S ADDITIONAL REPRESENTATIONS AND WARRANTIES. Seller makes the followin s
additional representations and warranties on the date of Sellefs execution of this Agreement, and shall be
deemed to have repeated same at Closing:
(a) Seller is the sole owner of fee simple title to the Property and has full raght, power, and authority
to own and operate the Property, to execute this Agreement, and to fulfill Seller's obligations
under this Agreement and the Closing Documents.
(b) No tenant or other party has any right or option to acquire the Property or to occupy the Property,
or, if applicable, Seller shall disclose same to the County in the applicable Closing Documents.
(c) Sellef s title to the Property is free and clear of all mortgages and other liens and encumbrances,
except as may be disclosed in the title commitment, title report, or attorney title opinion obtained
or to be obtained prior to the Closing.
(0 The Property is in compliance with all federal, state and local laws, including, without limitation,
environmentat laws; no unsafe levels of radon, mold, lead, or other pollutants or hazardous
substances have been used, generated, stored, treated, or removed from the Property, nor is
there any lawsuit, proceeding, or investigation regarding same, the Property has never been
used as a landfill, and there are no underground storage tanks on the Property; there has been
no spill, contaminatlon, or violation of environmental laws pertaining to any contiguous property;
and Seller has not received notice and otherwise has no knowledge of any existing or threatened
environmental lien against the Property.
10. DEFAULT REMEDIES lf either party fails to perform any of its oblagations under this Agreement
and fails to cure such failure within 15 days after receiving written notice thereof from the non-defaulting party,
the non-defaulting party shall have the right to terminate this Agreement by giving written notice of termination
to the defaulting party; without limitation of any other rights and remedies available to the non-defaulting party
at law or in equity, including, without Iimitation, the right to seek specific performance, and to recover damages,
including attorney fees and court costs, in connection with such defaulti all rights and remedies being
cumulatave.
1 1. INDEMNIFICATION WAIVER OF CLAIMS . Seller shall indemnify, defend, and hold the County
harmless from and against all claims and actions asserted against the County, and all damages, losses,
liability, penalties, fines, costs and expenses, including, without limitation, attorney fees and court costs,
suffered or incurred by the County, arising from (i) Seller's representations and warranties in this Agreement
or in any of the Closing Documents if untrue; or (ii) Seller's failure to perform any of Seller's obligations under
this Agreement, irrespective of whether the County delivers a written notice of default to Seller; or (iii) injuries,
accidents, damage to Seller,s personal prope(y, or other incidents occurring on the Property prior to Closing.
12. NOTICES. All notices given by either party to the other under this Agreement shall be in writing
and shall be personally delivered, or delivered by a traceable courier, or mailed by U.S. certified mail, to the
parties at their respective addresses set forth in the introductory paragraph of this Agreement, or such other
3
(d) Between the date of Seller's execution of this Agreement and the Closing, Seller shall not do
anything to encumber the title to the Property, or convey the Property to a third party, or grant
to any third party any rights of any kind with respect to the Property, or do anything to change
or permit to be changed the physical condition ofthe Property, without in each instance obtaining
the County's prior written consent, which may be granted or withheld in the County's sole
discretion.
(e) There are no governmental proceedings or investigations ofany kind, formal or informal, civil or
criminal, pending or threatened, that may affect the Property or adversely affect Seller's ability
to perform Seller's obligations under this Agreement.
Page 771 of 3707
address as may be specified by either party from time to time by written notice to the other party. Notices shall
be deemed given on the date of receipt if personally delivered, or delivered by courier, or 3 days after mailing.
13. GENERAL PROVISIONS,
A. Successors and Assions. This Agreement shall inure to the benefit of and be binding upon the
parties and their respective heirs, executors, personal representatives, successors and permitted assigns.
B. Assiqnment. The parties shall not assign any rights or obligations under this Agreement to a
third party without the prior written consent of the other party.
C. Entire Aqreement. This Agreement constitutes the entire agreement of the parties as pertains
to the subject matter hereof, and there are no prior or contemporaneous written or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
E. Time Periods. lf any deadline or expiration of any time period provided for hereunder falls on a
Saturday, Sunday or legal holiday, such deadllne or expiration shall be extended to the following business day.
F. Survival. All provisions of this Agreement that are not, or by their nature cannot be, performed
prior to the Closing, including, without limitation, Sellels representations, warranties, indemnity obligations,
shall survive the Closing.
G. Severabilitv. lf a ny provision of this Agreement is determined to be legally invalid or
unenforceable, such provision shall be severed from this Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect.
H. No Waiver. No party shall be deemed to have waived its right to enforce any specafic provision
of this Agreement unless such waiver is in writing. Any such written waiver shall be applicable only to the
specific inslance to which it relates and shall not be construed as a continuing waiver as to future instances or
as a waiver of any other provision.
L Governino Law, Venue. This Agreement shall be governed and construed in accordance with
the laws of the State of Florida. All disputes arising under th is Agreement shall be broughtsolely in the courts
an Collier County, Florida, and the parties hereby agree to said venue.
lN WTNESS WHEREOF, the parties have executed this Agreement on the dates indlcated below,
effective as of the date this Agreement is executed by the County.
Date , 2025 SELLER:
GALLERIA PLAZA CONDOMINIUM
ASSOCIATION OF NAPLES, lNC., a Florida
not for profit corporation,
GERY BENZA, PT
4
D. Amendments. All amendments to this Agreement must be in writing and signed by both parties.
Page 772 of 3707
By
Date:2025
ATTEST:
CRYSTAL K. KlNZEt, Clerk of the
Circuit Court & Comptroller
Deputy CIerk
App to form and legality:
County Attorney
\
Last Revised 2/23/2023
COUNTY: COLLIER
BOARD OF COUNry COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
, Chairperson
Page 773 of 3707
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1O3DE SKBTCH & DESCRIPTION
ROW Rcvd
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OF A DRAINAGE EASEMENT
LYING WITHIN
SECTION 35, TOWNSHIP 48 SOUTH, RANCE 25 EAST
COLLIER COUNTY, FLORIDA
VICINIry MAP
(NOT TO SCALE)
LEGAL DESCRIPTION
A PARCEL OF LAND LYING wlTHIN SECTION 35, TO\^NSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNry, FLORIDA, BEING
MORE PARTICULARLY OESCRIBED AS FOLLOWS:
COMMENCING AT THE NORlHEAST CORNER OT TRACT "R", PELICAN MARSH UNIT TWENTY TWO, AS RECORDED IN PLAT BOOI( 31,
PAGE 85 AND 86, COTLIER COUNTY, FLORIDA. THENCE N OO'31'53" W ALONG THE WEST RIGI.IT'OF WAY LINE OF AIRPORT PUTLING
ROAD (200' RI6HT-OF-WAY) FOR A DISTANCE OF 239.32 FEET TO THE POINT OF EEGINNING; THENCE S 89"28'07" W FOR A
DISTANCE OF 3.00 FEET; THENCE N 00'31'53" W FOR A DISTANCE OF 135.95; THENCE N 89'26'52" E FOR A DISTANCE OF 3.00 FEET
TO SAID WEST RIGHT OF WAY LINE OF AIRPORT PULLING ROAD; THENCE S 00'31'53" E ALONG SAID WEST RIGHT-OF-WAY LINE
FOR A DISTANCE OF 135,95 FEET TO THE POINT OF BEGINNING,
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CONTAINING 408 SQUARE FEET, MORE OR LESS
ABBREVIATIONS
NOTES:
1. THE CERTIFICATE OF AUTHORIZATION NUMBEROFT2UES. INC, IS LB-8336.
2, BEARINGS SHOW! ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF
AIRPORT PULLING ROAO, BEING N 00"31'53" W
3. LEGAL OESCRIPTION AND SKETCH OR IHE COPIES THEREOF ARE NOT
VALID WTHOUT THE SIGNATURE ANO THE ORIGINAL RAISED SEAL OF A
FLORIOA LICENSED SURVEYOR AND MAPPER.
4. ADDITIONS AND DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER
THAN THE SIGNING PARTY OR PARTIES IS PROHTBITED WTHOUT WRITTEN
CONSENT OF THE SIGNING PARTY OR PARTIES,
5. NOT VALID WTHOUI ALL SHEETS.
c.R.
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NO.
P.B.
PG.
P.O.B.
P.O.C.
REV.
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T,D.R.E.
COUNTY ROAD
DRAINAGE EASEMENT
FOOT
IDENTIFICATION
INCORPORATED
LICENSED EUSINESS
OFFICIAL RECORD EOOK
NUMBER
PLAT BOOK
PAGE
POINT OF BEGINNING
POINT OF COMMENCEMENT
REVISION
RIGHT-OF-WAY
SQUARE
TEMPORARY DRIVEWAY
RESTORATION EASEMENI
UNITED TELEPHONE COi.,PANY
OF FIORIDA
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SCOTT R. UROUHART
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 6524
(FOR THE FIRM. LB 8336)
SIGNED THIS DAY OF 2025 SEE SHEET 2 OF 2 FOR SKETCH
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EXHIBIT "A"
Page 1 of 2
Page 774 of 3707
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1O3DE SKETCH & DESCRIPTION
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LYING WITHIN
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Page 775 of 3707