Parcel 114 & 115MEMORANDUM
TO:
FROM:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
WILMA J. IVERSON', SENIOR SPECIALIST
REAL PROPERTY MANAGEMENT
DATE: May 6, 1999
RE:
IMMOKALEE ROAD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 69101
Parcel: 114 & 115
Attached you will find one Purchase Agreement for execution by Chairwoman, Pamela S.
Mac'Kie concerning the above transaction. Please be advised that Heidi F. Ashton,
Assistant County Attorney, has reviewed and approved the attached document.
The Board of County Commissioners of Collier County, Florida approved the acquisition
by gift, purchase or condemnation in Resolution 99-80, Item 8 (b) (2), dated January
26, 1999.
Once the Agreement has been executed, please forward same to Ellie Hoffman, Records
Technician III, Minutes and Records Management, for attestation by the Clerk to the
Board. Ms. Hoffman will then call me at extension 8991 for document pick-up.
Thank you.
Attachments as stated
PROJECT: Immokalee Road
PARCEL: 114& 115
FOLIO: 00195040001
00195480001
PURCi IASE AGREE,M ENT
TillS I)URCflASE AGREEMENT (hcrcirmflcr rtl'erred lo as/thc "Aurccmcnt") ~- made
/
and entered into by anti between DANIEl. D. PECK,-h'NDt%~~ AS
(hereinafter referred Io as "Owner"). and COI,I,IER COUNTY. a political sul',divisio;: ,,F thc
State of Florida. its successors and assigns (hereinafter referred to as "l'urchascr"):
WIIF. R[-~AS, Purchaser requires a fcc estate itl that hind described in t:.xhit,~r ":V'
(hereinafter referred to as thc "Property"). u,'hich is attached hcrcto and made a part ,,I' this
Agreement;
WI. tEREAS. Owner des;rcs lo convey the Properly to Purchaser fi~r thc st:~lcd puq'x,.cs, on
the ten'ns and conditions scl for~ll herein; and
WI fEREAS. Purchaser has agreed lo compcnsale Owner for conveyance (,i' thc I'ropcrty;
NOW TI IF.R['~FORE. itl consideration of these premises.
and other good and valuable consideration, the receipl and
mutually acknowledged, it is agreed by and between thc part;cs
thc sum (it' Ten I)ollars (S I~.00).
sufficiency ol' which is hcrcbv
;ts fi)llov, s:
I. Ov.'ncr shall convey Ihe Property It) Purchaser /'or tile sum of S35.000.00, pa.,,'ah!c bv
Cotmty Warrant (said Iransaclion hcrcinaflcr refcrrcd lo as tile "Ch)sing"). Said l'Xq, mcnt
shall be filll compensation fi)r the Property conveyed, including all landscaping, trees,
shrubs, improvements, and fixtures located thereon, and fi*r any damagcs rcsuhing
Owner's remaining lands, and for all other damages in connection with conveyance ,,1' said
Property to Purchaser.
2. Prior to Closing. Owner shall obtain from thc holders of any liens, cxccplions :md/or
qualifications encumbering Iht Prope~y, lhe execution of such instruments which will
remove or release such encumbrances from the l'ropeny upon their recording in thc public
records of Collier County, Florida. Owner shall providc such instruments. Im,pcrly
executed, to Purchaser on or before thc date of Closing.
3. This Agreement shall be null and void, and of no ftmhcr force or cflbct, unless ('l,~sing
shall occur within sixty (60) days from the date Purchaser cxcculcs this .Agreement;
provided; however, that l'urchascr shall have lhe unilateral right to extend the term ~,t' this
Agreement pending receipt of such instruments, properly executed, which cifllcr rc~:t~,vc or
release any and all such liens, encumbrances or qualifications affecling Purchaser's
enjoyment of thc Prope~y. At Closing. Purchaser shall deliver the County Warrant to
Owner and Owner shall deliver lhe conveyance instrun~ent to Purchascr in
acceptable Io Purchaser.
4. Conveyance of the Property by Owner is contingent upon no other provisions, conditions.
or premises other lhan those so slated above; and Ihe wriltcn Agreement, including all
exhibits attached herclo, shall constitute the entire Agreemenl and understanding ,~ff the
paN;es, and there are no other prior or contemporaneous writtcn or oral agreements.
undeflakings, promises, warranties, or covenants not coma;ned herein.
5. Owner is aware and understands that the "offer" to purchase reprcsented by this Agreement
is subject to acceptance anti approval by the Board of Cotmtv Commissioners of ('oilier
County, Florida.
6. Owner represents that the Property and all uses ortho Property have been and presently are
in compliance wid~ all Federal, State and Local environmental laws; that no ha/ardous
substances have been generated, stored, treated or transtkged on the Property cxcwpt as
specifically disclosed to the Purchaser; that lhe Owncr has no knowledge of any ?ili or
environmental law violation on any properly contiguous Io or in the vicinity ~,F the
Propc~y Io be sold lo lbo Purchaser, Ihal thc Owner has not fcc qvcd tudice and o~hcrwisc
Purchase Agreement Page 2
has no knowledge of a) :tn>' spill on the Property, b} any c×isting or threatened
environmental lien against lhc Property or c) any lawst, it. proceeding or Jnvcsi~gation
regarding tile generation, storage, treatment, spill or transfer of hazardot~s stlbslaFiccs till
the Property. This provision shall sun'Ne Closing and is not deemed satislicd by
conveyance of lille.
Owner shall indemnify, defend, save and hold hamdcss tile Purchaser against and from.
and to reimburse the Purchaser ',vitb respect to, any and all damages, claims, liabilities.
laws, costs and expenses ('including without limitation reasonable paralcgal and alh',rrtcy
fees and expenses whether in court, out of colin, in bankruptcy or adminislrativc
proceedings or on appeal), penalties or fines incurred by or asscrlcd against thc [)urchascr
by reason or arising out o£the breach of Owner's representatitm under Section ~,. This
provision shall sun'ivc Closing and is not deemed satisfied by conveyance of title.
The Purchaser shall pay for all costs of recording the conveyance instrument ill thc t'uhlic
Records of Collier County, Florida. All other costs associated with this trm~saction
including but not limited to transfer, documentary and intangihlc taxes, and rccordiu~ costs
for any curative instruments shall be bomc and paid lay Ov,'ncr. Owner shall lac responsible
for paying any costs and/or fccs associated with securing from mortgagee(si, aim rcc,~rding
in thc public records of ('oilier County, Florida. such fi, II or partial releasers) or
satisfaction(s) :is ;ire necessary to convey a clear and marketable title to Ibc Propcrl.,,.
This Agreement and tile terms and provisions hereof shall hc cftL'ctixc as of thc date this
Agreement is executed by both parties and shall inure to the benefit of and be bimlin:~ upon
the panics hereto and their respective heirs, executors, personal representatives, successors.
successor trustees, antL/or assignees, whenever the context so requires or admits.
I0.
If tile Owner holds tile Property ill tile form of a partnership, limited panncrship.
corporation, trust or any form of representative capacity whatsoever for olhcrs, ()xvncr shall
make a written public disclosurc, according ID Chapter 286. Florida Statutes. ureter t~alh, of
the name and address of every person having ii beneficial interest in thc Property bclbrc thc
Property bold in such capacity is conveyed to Purchaser, its successors and assigns. (Il' thc
corporation is registered with thc Federal Securities F. xcbangc Comrnissiori or rcglslcrcd
pursuant to Chapter 517, Florida Statutes, v,'hosc slock is for sale to thc gcncrat public, it is
hereby exempt from the provisions o fCbaptcr 286, Florida Statutes.)
II. This Agreement is governed and construed in accordance with thc laws uf tile 51atc of
Florida.
IN WFFNESS WI IEP, EOF, the parties hereto have executed this /\grccmcnt ell
day of__ . 19"~ 5 -
Date Property acquisition approved by BCC: 1/26/99
AS TO PURCItASF. R:
DATED:
'ATTEST:
DWIGHT ti. BROCK, Clerk
13eARl) OF COUN'T'¢ ('OMMI$SI()Nt'itS
('OI.I.IER COUNTY, FI.ORll).,\
Pamela S. Mac'K lc, (,tuff rwmnan
Purchase Agreement
Page 3
AS TO OWNER:
DATED:
Witness ISignature)
Name:'l ~ '. t , ~ -;'
(Print or Type)
,,'. ?% ,!/./ .:: ./,,(/.~i. '..
Wilness (Signature) ..
Name: I~¢,: FI,.~ '~ '~4':'~4 ¢5
(Print o~Type) ~
l)anicl D. Peck. h~ivqd'uSll.v'~'~, d~C
asTrust¢¢ ' ~
Approved as to tbrm and
legal sufficiency:
Heidi F. Ashton
Assistant County Auomcy
5301
Oi FIC£ OF CAPITAL PROJ£CTS
EAST TAIdlAMI TRAIL NAPLES, FLORIDA ,34112
(941) 774-8192
.LEGAL
DESCRIPTION
(NOT A SURVEY)
PROJECT l,,~O.
PROJECT PARCEL 110.
TAX PARCEL IlO.
title
TttE SOUI'tt FIFI'Y (50') FEET OF TI IE NOR'H I 150 FEET OFFI tE EAST ONE I IALF OF 'I'i fit
NOP, T} IWEST QUARTER OF TI [F. NORT!tWEST QIjARTER OF 'I'l IE NOI~,Tt I WEST QUAR'I l!t< OF
SECTION 28, TOWNSIIIP 48 SOUTI [, RANGE26 EAST, COLLIER COUNTY. FLORIDA.
CON"FAININC; 12545 SQUARE FEET OR 0.288 ACRES MOIU£ OR LESS.
f'AP, CF, I, 11,1
BY:_ DATE:_ ;-'-.,,' - -.,' ,~
GEOI,{,G'E R. ~I{II:::tqMOND
PROFESSIONAL D*,ND SURVEYOR #2405
OFFICE OF CAPITAL PROJECI'S
COLLIER COUNTY OOVEI<NMENT COMPLEX
.LEGAL
3301
Ui,'I,'iU~; 01,' UAt-'i'J'AL
EAST TAtdlAMI TRAIl_ NAPLES, FLORIDA
(941) 774-8192
34112
DESCRIPTION ('NOT A SURVEY)
PROJECT 1,10._ (,,t!(ll
PROJECT PARCEL HO. II 3
TAX PARCEL llO.__n~ll q~,'-~l!' '
simple title
'FILE SOU'FII I:IFI'Y (50') FEET OF TIlE NORTII 150 FEET OF TIIF. \Vl'~ST ONE I IALF OF
NORTI IEAS'FQUARTER OF TI [E NORTI{WEST QUARTER OF TI IE NORT1 IV T. ST QUAI('I'I!It
SECTION 28, TOWNSI IIP 48 $OUTll, RANGE26 EAST, COL[.IER COUNTY, FI.ORIDA
CONTAINING 12545 SQUARE FEET OR 0.288 ACRES MORE OR I.ESS.
I'ARCF. I. 115
E X ,H,IBIT ]
~tOE R. RIC[tMOR~ DATE:j~-c,/:';-
PROFESSIONAL ~NO SUF:V~OR #2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUN~ OOVERNMENT COMPLEX
3501 E TAMIAMI TRAIL NAPLES, FLORIDA 34112