Parcel 109, 709, 110 & 710MEMORANDUM
TO:
FROM:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
WILMA J. IVERSON, SENIOR SPECIALIST
REAL PROPERTY MANAGEMENT
DATE: August17,1999
RE'
IMMOKALEE ROAD IMPROVEMENTS
COLLIER COUNTY PROJECT NO. 69101
Parcel: 109 & 110
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 99-249, 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: 109,709, 110 & 710
FOLIO: 41936480009
41937960007
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between Eagle's Nest Worship Center Assembly of God,
Inc., a Florida non-profit corporation, (hereinafter referred to as the "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and
assigns, (hereinafter referred to as the "Purchaser");
WHEREAS, the Purchaser requires certain lands described in Exhibit "A", which is
attached hereto and made a part of this Agreement, for road, utility, drainage, sidewalk
and maintenance purposes; and
WHEREAS, the Purchaser requires certain lands as described in Exhibit "A",
which is attached hereto and made a part of this Agreement, for a temporary driveway
restoration easement; and
WHEREAS, the Owner desires to convey the above-referenced lands (hereinafter
collectively referred to as "Properties") for the stated purposes, under the terms and
conditions set fodh herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for the
conveyance of the Propedies.
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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Properties to Purchaser in exchange for the sum of
$19,287 broken down as follows:
Fee Simple (via Warranty Deed) Parcel 109 $ 9,168.50
Fee Simple (via Warranty Deed) Parcel 110 $ 9,168.50
Temporary Driveway Restoration Easement (109) $ 550.00
Temporary Driveway Restoration Easement (110) $ 400.00
TOTAL:
$19,287.00
The Owner accepts the above compensation as full payment for the Property
interests taken and for any damages resulting to the remainder, if less than the entire
property was taken and for all other damages in connection with said Properties. 2. Purchaser shall pay Owner for the Propedies by County Warrant.
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and that, therefore, said closing shall occur within sixty (60) days of the
execution of this Agreement by Purchaser. At closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the required conveyance documents
to Purchaser in a form acceptable to Purchaser. Owner shall remove, within forty-five
(45) days after closing, any and all property, goods and chattels which are located on
the Propedies. Purchaser shall provide a list of items to be removed, if any, at closing.
Owner shall indemnify and hold Purchaser harmless from any costs in connection with
the relocation of the identified items.
4. Owner shall pay its pro-rata share of taxes, assessments, or other term
expenses of the Properties, if applicable, through the day before the closing.
5. Owner shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with law. The
Owner will, if Iitle is found unmarketable, use diligent effort to correct defect(s) in the
title within the time provided therefor including the bringing of necessary suits. Any and
all documents to clear title to the Properties shall be provided to Purchaser on or before
the date of closing.
6. Owner represents that the Properties and all uses of the Propedies 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 Properties except as specifically disclosed to the County; that the
Owner has no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Properties to be sold to the County, that the seller
has not received notice and otherwise has no knowledge of a) any spill on the
Properties, b) any existing or threatened environmental lien against the Properties or c)
any lawsuit, proceeding or investigation regarding the generation, storage, treatment,
spill or transfer of hazardous substances on the Properties. This provision shall survive
closing and is not deemed satisfied by conveyance of title.
7. Owner hereby agrees that it shall indemnify, defend, save and hold harmless
the County against and from, and to reimburse the County 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 County by reason or arising out of the breach of owner's
representation under Section 7. This provision shall survive closing and is not deemed
satisfied by conveyance of title.
8. Conveyance of the Properties, or any interest in the Propedies, by the Owner
is contingent upon no other provisions, conditions, or premises other than those so
stated above; 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,
warranties, or covenants not contained herein.
9. 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.
10. The Purchaser shall pay for all costs of recording the conveyance
documents. All other costs associated with this transaction including, but not limited to,
transfer, documentary and intangible taxes, and 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 the obtaining and recording of a Subordination, Consent & Joinder
of Easement and,or Partial Release of the mortgage(s) recorded against the Properties
from the mortgagee(s).
11. If the Owner holds the Properties 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 Properties before the Properties held in such capacity is conveyed to
Purchaser. (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.)
12. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
13. 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 trustee, and assignees whenever the context
so requires or admits.
14. Closing must occur by August 26, 1999 or this Agreement is null and void.
Dated Project/Acquisition Approved by
BCC: 5/25/99 Res. No. 99-249
AS TO PURCHASER:
DATE D:/~c~"-~/
ATTEST.:t :i~, .," ,
DWIGHT' Et B~/~dK, C~erk
~J: .~ -~---'~ BY:
,e-~:~'/~/:/:/~)~A) ,'D. eputy Clerk
~,, :'. ~' :~ ' Attest a~ ~ 6ha~'~
AS'T.O OWNER:. signature ~1~.
DATE D: ~'//~ ¢
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Pamela S. Mac'Kie. Chairman
////, (Signature¢/
_~ '/g, ,.-' .:: _.z--,., ~, r.,--~, .-,-'"
~-i) (Printed Name~_~,
',.., (Signature) ,.
(Printed Name)
Eagle's Nest Worship Center Assembly of
Approved as to form and
legal sufficiency:,
Heidi F. Ashton
Assistant County Attorney
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 69101
PARCEL NOS ........ 109 & 709
FOLIO N O...4...1. ,9., ,3..6,..4.8,..0. ,0.. ,0..9. ........
EXISTING RW
Fee Simple
Temporary Construction Easement
IMMOKALEE ROAD (C.R. 846)
100' R\W
LINE --~-"
330'
PARCEL 109
140'
PARCEL 70
TRACT 91
DESCRIPTION (PARCEL 109) C*- ~. %,~-~I.'-
THE NORTH FIFTY (50') FEET OF TRACT 91, OF THE PLAT THEREOF, GOLDEN GATE ESTATES,
UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
CONTAINING 16,500 SQUARE FEET OR .379 ACRES MORE OR LESS.
/~)ESCRIPTION (PARCEL 709)
THE SOUTH THIRTY (30') FEET OF THE NORTH 80 FEET OF THE EAST 140 FEET OF TRACT 91
OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97 AS RECORDED IN PLAT
BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 4200 SQUARE FEET OR .096 ACRES MORE OR LESS.
GENERAL NOTES
1) P.O.C. - POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. · SECTION
4) TWP. = TOWNSHIP
5) RGE. ,, RANGE
~) RiW - RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VAUD UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
NOT TO SCALE J OCT.
J" j
EXH~IBIT
PREPARED ...DATE .....
C-" GEORGE R. RICHMOND
PROFESSIONAL I.Al'lO SURVEYOR*FL REG. # 240~
PUBLIC WORKS ENGINEERING DEPT,
COLLIER COUNTY GOVERNMENT COMPLEX
3301 E~ST TAMIAMI TRAIL
NAPLES, FLORIOA 34112
I~RI~ J SHEET1 OF1
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
Fee Simple
Temporary
PROJECT NO ............... 69101
PARCEL NOS..110 & 710
FOLIO N O...~. 19. 3.7.9.6.0 Q0.7 ........
Construction Easement
EXISTING R\V
IMMOKALEE ROAD (C.R. 846)
100' R\W
LINE - --J
PARCEL 110
TRACT 110
DESCRIPTION (PARCEL 110)
~I~"H F, FT-F ¢~ ~ ~ ~ 110, OF
CONT~G 16,~ ~E FEET ~ ,379ACRES I~ ~ LESS.
(PARCEL 710) _.~.~.R~~t ~%- ~ ~,' ......... ,,
THE SOUTH 80 FEET OF THE NORTH 130 FEET OF THE EAST 40 FEET OF TRACT 110
OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97 AS RECORDED IN PLAT
BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 3200 SQUARE FEET OR .073 ACRES MORE OR LESS.
GENERAL NOTES
1) P.O.C. - POINT OF COMMENCEMENT
2) P.O.B. · POINT OF BEGINNING
3) SEC. ,, SECTION
4) TWP. ,, TOWNSHIP
5) RGE. - RANGE
6) RAN ,, RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED At,ID SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
OCT. 16, 1996
EXHIBIT
,,
P.E.^RED B~ ¢:....~t.~.~!......D,~TE....Z(Z....¢.~.,¢
~ GEORGE R: RICHMOND .
PROFESBIONAL LAND SURVEYOR-FL REG. I1' 240~
PUBLIC VORKS ENGINEERINO DEPT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMbAMI TRAIL
NAPLES, FLORIDA 34112
IMR11D
SHEET1 OF1
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