Parcel 103MEMORANDUM
JUL ?
TO:
FROM:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
WtLMA J. IVERSON, SENIOR SPECIALIST
REAL PROPERTY MANAGEMENT
DATE: July 22, 1999
RE:
IMMOKALEE ROAD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 69101
Parcel: 103
Attached you will find one Purchase Agreement for execution by Chairwoman, Pamela S.
Mac'Kie conceming 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 99-249, Item 8 (b) (1), dated May 25,
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.
Attachment as stated
PROJECT: Immokalee Road
PARCEL NO: 103
FOLIO NO: 41931040004
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between DON W. TURRENTINE AND SHIRA A.
TURRENTINE, HUSBAND AND WIFE, (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and
assigns (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;
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set fodh 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 padies as
follows:
1. Owner shall convey the Property to Purchaser for the sum of $14,000.00, payable
by County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the Property conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for
any severance damages to Owner's remaining lands.
2. Prior to Closing, 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.
3. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; 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,
Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the
conveyance instrument to Purchaser in a form acceptable to Purchaser.
4. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the 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, warranties,
or covenants not contained herein.
5. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
6. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws;
Purchase Agreement
Page 2
o
10
11.
that no hazardous substances have been generated, stored, treated or transferred
on the Property except as specifically dj§closed 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 Properly 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.
Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to 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 Owner's representation under Section 6. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated
with securing from mortgagee(s), and recording in the public records of Collier
County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to
convey a clear and marketable title to the Property.
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.
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,
Flodda Statutes, whose stock is for sale to the general public, it is hereby exempt
from the provisions of Chapter 286, Florida Statutes.)
This Agreement is governed and construed in accordance with the laws of the
State of Flodda.
Purchase Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this o,?J~day of ~ ,19 P.~.
Date Property acquisition approved by BCC: 5/25/99 - Res. No. 99-249
AS TO PURCHASER:
DATED:/(~.~./,z ~./)P/q
~A'l-rEST:. '. ,:,
5"~I~WIGHT.._ :" E~B~OCK,;. Clerk
· ~',L~'~",/-~,f-~ Deputy Clerk
tte~f,,a'~'to Chatr~a~'s
AS TO OWNER:
DATED:
Witr~s,(§'~ atu r_e) ~,
Name:/J~t~/
-~. ~ (Pdnt or Type)
Witness (Signature)
Name:
~((Si~naturo)
or
Wit~ (Signature)
Name: ~.~
(Print or Type)
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pamela S. Mac'Kio, Chain~oman
Don W. Turrentine
' ~-I~ira A. TtJrrer{tine -'"'
H~di F~A~htc~n '~[]
3301
OFFICE OF CAPITAL PROJECTS
· FAST TAMIAMI TRAIL NAPLES, FLORIDA ,3,$112
(941) 774.-0192
_LEGAL DESCRIPTION, ('NOT A SURVEY)
PROJECT NO, 69!01
PROJECT PARCEl. NO.
TAX PARCEL NO 41931040094
fee almple title
11 IE NORTi ! FIFTY (50') FEET OF TILACT 22 OF T! IE PI.AT T11ERE{ )F, GI)LI)EN
GATE Es'rA1T..S,UNIT 97 AS RECORDED IN PLAT BOOK 7, PAGE 9,;, OF TIlE.
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
SAID TRACT CONTAINS 16500 SQUARE FEET OR .379 ACRES M~ IRE OR LESS.
PARCEL 103
G,F,.J~'~GE- R. RICHMOND
PROFESSIONAL' LAND SURVEYOR ~2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUFOY GOVERNMENT COMPLE-~
5301 £ TAMIAMI TRAIL NAPLES. FLORIDA 34112