Backup Documents 02/10/2026 Item #16B 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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.
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 routing lines#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. County Attorney Office County Attorney Office 711
2. BCC Office Board of County vim'
Commissioners Dk /�j 2i11 k6
3. Minutes and Records Clerk of Court's Office
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*Please scan under Project 60190 Airport Rd. in the BMR Real Property Folder. Thank you.
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 Abigail Morales,Acquisition Specialist I Phone Number 252-6024
Contact/ Department TMSD-OPMD-ROW
Agenda Date Item was Agenda Item Number
Approved by the BCC 02/10/2026 16.B.1
Type of Document Purchase and Sale Agreement Number of Original
Attached Documents Attached 1
PO number or account
number if document is
to be recorded
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? AM
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has 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.
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 AM
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. AM
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!
8. The document was approved by the BCC on 02/10/2026 and all changes made durin 1\oc.
the meeting have been incorporated in the attached document. 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 the
Chairman's signature.
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PROJECT: 60190 Airport Road
PARCEL: 103DE
FOLIO: 34569300026
PURCHASE AND SALE AGREEMENT
(Drainage Easement)
T� ISM PURCHASE AND SALE AGREEMENT ("Agreement") is entered into this /)" day of
V 2025, by and between GALLERIA PLAZA CONDOMINIUM ASSOCIATION OF NAPLES, INC.,
a Florida not for profit corporation, whose mailing address is do RE1 Advisor, LLC, 1164 Goodlette Road,
Naples, FL 34102, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3299 Tamiami Trail East, do County Attorney's Office, Suite 800, Naples, FL 34112 (the"County").
Recitals:
The County desires to purchase a perpetual non-exclusive drainage easement(the"Easement")over,
under, upon and across a portion of Seller's property as described in Exhibit "A" attached hereto (the
"Property").
NOW THEREFORE, the parties agree as follows:
1. AGREEMENT TO SELL AND PURCHASE. Seller hereby agrees to sell, and the County hereby
agrees to purchase the Easement on the terms and conditions set forth in this 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 attributable 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. PUBLIC DISCLOSURE. If 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 Easement is conveyed to the County. The foregoing
notwithstanding, (i) if Seller is a corporation 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 exempt
from 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 and includes the right to enter upon the Easement to a) construct, operate, maintain, repair, replace
and remove ponds, lakes, canals, weirs, pumps, underground pipes, ditches, swales, earthen berms, rip-rap,
retaining walls and other retaining systems, irrigation lines, lighting and other electrical facilities, and all other
types of water control and related structures and facilities, at County's sole discretion; and b) place, excavate,
use, store, plant, remove and dispose of soil, trees, landscaping, and other materials and improvements,
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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.
5. CLOSING DATE; POSSESSION.
A. Closing Date. Seller's conveyance 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 IS
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 Easement to the County at Closing. Seller shall 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 prior 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"):
(a) Drainage Easement instrument;
(b) Closing Statement;
(c) Affidavit of Title;
(d) Form W-9 (Request for Taxpayer Identification Number and Certification);
(e) 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;
(f) 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. County's Closing Costs. At Closing, 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 agrees 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 Improvements. Seller acknowledges that the County has compensated Seller for
the value of all improvements and landscaping ("Improvements") located on the Property, and yet the County
is willing to permit Seller to salvage said Improvements provided same are removed from the Property prior to
the commencement of construction. If Seller elects to retain any Improvements located on the Property, Seller
is responsible for their removal prior to the commencement of construction,without any further notification from
the County. All Improvements 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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9. SELLER'S ADDITIONAL REPRESENTATIONS AND WARRANTIES. Seller makes the following
additional representations and warranties on the date of Seller's 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 right, 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) Seller'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.
(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 of the 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 of any 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.
(f) The Property is in compliance with all federal, state and local laws, including, without limitation,
environmental 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, contamination, 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. If either party fails to perform any of its obligations 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 limitation, the right to seek specific performance, and to recover damages,
including attorney fees and court costs, in connection with such default; all rights and remedies being
cumulative.
11. 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 property, 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
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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 Assigns. 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. Assignment. 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 Agreement. 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.
D. Amendments. All amendments to this Agreement must be in writing and signed by both parties.
E. Time Periods. If any deadline or expiration of any time period provided for hereunder falls on a
Saturday, Sunday or legal holiday, such deadline 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, Seller's representations, warranties, indemnity obligations,
shall survive the Closing.
G. Severability. If any 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 specific provision
of this Agreement unless such waiver is in writing. Any such written waiver shall be applicable only to the
specific instance 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.
I. Governing Law; Venue. This Agreement shall be governed and construed in accordance with
the laws of the State of Florida. All disputes arising under this Agreement shall be brought solely in the courts
in Collier County, Florida, and the parties hereby agree to said venue.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below,
effective as of the date this Agreement is executed by the County.
DateDa-O er Ik' , 2025 SELLER:
GALLERIA PLAZA CONDOMINIUM
ASSOCIATION OF NAPLES, INC., a Florida
not for profit corporation,
GERY BENZA, Pr ode
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16B1
Date: ,h4.AL Ivx , 2026 COUNTY: COLLIER
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ATTEST ,,,
,,CRYS r[ fK�kINZEI_, Clerk of the BOARD OF COUNTY COMMISSIONERS
ia'Cirpuit CoUrt•&r1,comptroller COLLIER COUNTY, FLORIDA
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�,-r✓� 1.41.A.4) By:
'4, ••; $• Attest as to Chairman's Dan Kowal, Chairman
'l 41 i P 0\'' i signature only
Appro'-. as to form and legality:
MA
Assi 4, County Attorney ,p/
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Last Revised 2/23/2023
5
103DEEXHIBIT"A" 16 al
SKETCH & DESCRIPTION Page 1 of 2
ROW Rcvd OF A DRAINAGE EASEMENT
4/14/25 LYING WITHIN
SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
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LEGAL DESCRIPTION
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PAGE 85 AND 86,COLLIER COUNTY,FLORIDA.THENCE N 00°31'53u W ALONG THE WEST RIGHT-OF-WAY LINE OF AIRPORT PULLING
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N ROAD(200' RIGHT-OF-WAY)FOR A DISTANCE OF 239.32 FEET TO THE POINT OF BEGINNING;THENCE S 89°28'07n W FOR A
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2.BEARINGS SHOWN ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF ID =IDENTIFICATION S Q
a AIRPORT PULLING ROAD, BEING N 00°31'53"W. INC. =INCORPORATED
LB =LICENSED BUSINESS
a 3.LEGAL DESCRIPTION AND SKETCH OR THE COPIES THEREOF ARE NOT O.R. =OFFICIAL RECORD BOOK
ce VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A NO. =NUMBER
FLORIDA LICENSED SURVEYOR AND MAPPER.
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PG. =PAGE a Z Y a
N THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN P.O.B. =POINT OF BEGINNING 3
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PROFESSIONAL SURVEYOR AND MAPPER UTF =UNITED TELEPHONE COMPANY
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. 1681 '
103DE SKETCH 86 DESCRIPTION EXHIBIT"A"
Page 2 of 2
OF A DRAINAGE EASEMENT
LYING WITHIN
SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNTY, FLORIDA
MATCHLINE "A"
9130 GALLERIA CT CD
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