Parcel 127C & 118M [:,M()RAND[]M
TO:
FROM:
RE:
DATE:
Sue Filson, Administrative Assistan!
BOARD OF COtINTY COMMISSIONERS
Wilma werson
Senior Property Specialist
Real Property Management Dcpa~lmcnt
Immokalcc Road - Parcel 127C & IlS
August 4, 1999
With regard to thc above referenced Project and Parcel, attached for thc Chairwoman, Ms. Pamela
S. Mac'Kie's review and execution is two (2) Purchase Agreements. Kindly sign and date thc
Agreement and have Dwight E. Brock, atlcst to Ibc Chairwcm~an's signature.
The Board of County Commissioners of Collier ('mmty. Floritla approved thc convcvancc in
Resolution 99-249 presented May 25. ]999. Agcnda Itcm g B 1.
Please rctum thc ,,\grccmcnls to thc Real Property Managcmcnt Department lbr closing.
Thank you in aclvancc for your promp! attention lo this request. Should vot, have any questions.
please feel free to contact mc at #8991.
attachment
PROJECT: Immokalee Road
PARCEL NO: 118
FOLIO NO: 00194840008
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between DONNA MARIE LOBIANCO, MARY GRACE,
LEONARD J. OLIVERI AND MELODI OLIVERI, as personal representatives,
(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
Properly;
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 parties as
follows:
1. Owner shall convey the Property to Purchaser for the sum of $270,000.00,
payable by County Warrant. Purchaser shall pay reasonable attorney fees,
incurred by the owner, not to exceed $2,500.00, (said transactions 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 damages resulting to Owner's remaining
lands, and for all other damages in connection with conveyance of said Property
to Purchaser.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Properly, 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 enjoyme'nt 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. Conveyar~ce 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 pdor 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 Couture.
Commissioners of Collier County, 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,
Purchase Agreement Page 2
10.
~',~, 1 I.
12.
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;
that no hazardous substances have been generated, stored, treated or transferred
on the Properly except as specifically disclosed 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.
7. 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.
8. The Purchaser shall pay for all costs of recording the conveyar~ce 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.
9. Owner's front yard, having been reduced in size due to governmental action (the
purchase of said Property contemplated herein), may be reconstructed to include
a paved, one-way driveway in front of the entrance to the existing improvements
(restaurant / lounge) located south of a five (5) foot landscape buffer to be
installed adjacent to and abutting the new right-of-way for Immokalee Road
(County Road CR-846) and extending across the property's road frontage,
between the two driveway entrances on Immokalee Road. Prior to reconstructing
the landscape buffer, owner shall submit a site plan to Planning Services
Department of Community Development & Environmental Services.
Purchaser shall construct a full median opening, centered at Station 116+91.97,
with Westbound left turn lane, serving the westerly entrance to Owner's remaining
lands.
.... '" .... ~ht diff.,'
............... , ,'TI, O ................ USO, O~E
......... Or ...... ~ ............................,.,, ~ .~9"'),~, ,'"'.-,u;~.v~.,,~, COUP,
............................................. m---ee~eid or3tion
oL,~~e~Lion ~! concern..
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 padies hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
13. 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 t..) 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,
Purchase Agreement Page 3
Florida Statutes, whose stock is for sale to the general public, it is hereby exempt
from lhe provisions of Chapter 286, Florida Stalutes.)
14. This Agreement is governed and construed in accordance with the laws of the
State of,Florida
15. L~mers obl]g~tion to perform hereunder Js expressly condittoned upon prlor
approval of the probate court. **
IN WITNESS WHEREOF, the parties hereto have executed this A. r-',em
tqf'k da of , ~.¢~q. IQ 6¢~; g =' ent on
this .. Y "~ 0' ' '~"~' '
** Closing must occur by August 26, 1999 or this Agreement is null~t, void.
Date Property acquisition approved by BCC: 99-249
AS TO PURCHASER:
DATED:~ (.,
ATTES'¢::'°
DWIGHT E. BRO.CK, Clerk
AS TO O~NNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
¢,Z~_, // ¢"'"V '/~'
Pamela S. Mac'Kie, Chairman
DATED: d?-Ij-lqqq
vVftn) ss/S g ,ure)
N'a-ffn e: Deborah Joudrey
~(Prink or T..~pe)
Witness (Signature)
Name:~sUSAN ¢:A~Fy
(Print or Type)
Wi~/ss (Signaler/e)
Na~qe: Deborah Joudrey
Withe s ~S~t~'~EY~
Name:
(Print or Type)
Na~e: Deborah J0udrey
Witness (Signature) /
Nam~;II.RAN CASI~y
(Print or Type)
DONNA MARIE LOBIANCO, as
personal representative
MARY GRACE?as I~ersonal
representative
~sentabv~
LeEr~l, as ~
Purchase Agreement
Na(m~: Deborah Joudre¥
(Print o~yp~
W~atur~)
Name: SUSAN CASEY.
(Print or Type)
Approved as to form and
legal sufficiency:
I~e~d~'l¢. Ashton
Assistant County Attorney
Page 4
MELODI OLIVERI, as
personal representative
5~01
OFFIC£ OF CAI~ITAL PROJECTS
EAST I'AMIAMI TI?AIL NAPLES, FLORIDA 3q112
(941) 774--8192
L-LE-GAL__g_ESG.RJBTIOH _(~LOT A_S_URVEyJ
PROJECT NO.
PROJECT PARCEL 140 ....
TAX PARCEL NO.
T11E SOU'Ill FIFTY (50') FEET OF TilE NORTIt 150 FEET OF TilE EAST IIALF
OF TI IE NOP,111WEST QUARTER OF 'llfe NOR'I3IEAST QUARTER OF TilE NORTIIWEST
QUARTER OF SECTION 28, TOWNSItIP 48 SOUTII RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. '
COtCFAININO 16507 SQUARE FEET OR .379 ACRES MORE OR LESS PARCEl. 118 -
O ESSIONAL LAND SURVEYOR //2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY GOVERNMENT COMPLEX
3301 E TAMIAMI 1RAIL NAPLES, FLORIDA 34~12
PROJECT: Immokalee Road
PARCEL: 127C
FOLIO: 66262003685
i'URCilASE AGREEMENT
TillS I'UR('tlASE AGREF. MENT (hereinafter referred to as the "Agreement") is made
and entered into by and bct`.vcen PEBBI.EBROOKE PI,AZA I.IMITED PARTNERSIlIP, A
Florida limited partnership, (hereinafter referred lo as "Owner"), and COI,I,IER '"' '
,~OUNT'~, 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 rcfcrrcd to as the "Property"), which is altached hereto and made a part of this
Agreement;
\V|IEREAS, Owner desires to convcy tile Property lo Purchascr for the stated purposes, on
the terms and condim)ns set forlh herein; and
\Vt IEI~,EAS. Purchaser }las agreed Io compensate Owner for conveyance of thc Property;
NOW TIIEREFORE, in consideration of these premises, the sum ofTen Dollars (5;10.00),
and other good and valuable consideration, the receipt and sufficiency of which is hereby
mutually acknowledged, it is agreed by and bctwccn the parties as follov,,s:
1. Owner shall convey the Property to Purchaser for the sum of $8,000.00 plus Appraisal fees
of $1,800.00, payable by County Warrant (said transaction hereinafter referred to as the
"Closing"). Said payment shall be Full compensation for the Property conveyed, including
all hmdscaping, trees, shrubs, improvements, and fixtures localcd thereon, and for any
damages resulting to Owner's remaining lands, and for all other damages in connection
with conveyance of said Property to Purchaser. Further, Owner and Purchaser shall enter
into a Developer Contribution Agreement wherein the road impact fee credits to which
owner is entitled for the dedication of [mmokalee road right-of-way, pursuant to PUD
Ordinance No. 97-27, and compensation for the voluntary dedication of CR-951 right-of-
',,,'ay, as recorded in Plat Book 30, Pages 4 through 12, shall be based upon a unit price of
$4.00 per square Foot of land dedicated to Collier County from the Pebblebrooke Plaza
property.
2. Prior to Closing, Owner shall obtain from thc 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 instrumenls, 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 tile unilateral right lo extend the lerm 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 Ire County Warrant 1o
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 wr':ten or oral agreements,
undertakings, promises, warranties, or covenants not contained herein.
Purchase Agreement Page 2
5. Owncr is aware and understands that the "offer" to purchase represented by thiq Agreement
is subject to acceptance and approval by thc Board of County Commissioners of Collier
County, Florida.
6. Owner represents that the Property and all uses oflhe Property have been and presently are
in compliance wilh all Federal, State and Local environmental laws; that no hazardous
substances have been generated, stored, treated or transferred on the Properly except as
specifically disclosed to the Purchaser; Ihat the Owner has no knowleAge of any spill or
environmental law violation on any property contiguous to or in the vicinity of lhe
Property 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 Properly or c) any lawsuit, proceeding or investigation
regarding the generation, storage, treatment, spill or Iransfer of hazardous subslances on
the Property. This provision shall sur¥ive Closing and is not deemed satisfied by
conveyance of title.
?. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from,
:md lo reimburse the Purchaser with respect to, any and all damages, claims, liabilities,
laws, costs aad expenses (including without limitation reasonable paralegal and atlomey
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
hy 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.
8. The [',~rchascr shall pay for all costs of recording the conveynnce instrument in the Public
Records of Collier County, Florida. All other costs associated with Ibis 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 Ibc 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 Properly.
9. 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 oFand be binding upon
tt~e parties hereto and their respective heirs, executors, personal representatives, successors,
successor Irustecs, and/or assignees, whenever the context so requires or admils.
I0. If tile Owner holds tile Properly in lhe form of a partnership, limited partnership,
corporation, trust or any foru~ of representative capacity whatsoever for others, Owner shall
make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of
Ihe nnme and ,ddress of every person having a beneficial interest in the Properly before the
Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the
coq~oration is registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to lhe general public, it is
hereby exempt from thc provisions of Chapter 286, Florida Statutes.)
1 I. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on Ibis ~
day of_~___, 19 ~_~_~.
Date Property acquisition approved by BCC: 5/25/99 Res. No. 99-249
Purchase Agreement Page 3
AS TO PURCtlASER:
ATTEST:.
DWIGHT'E. BROCK. Clerk
":7~',/'~",~'q~-f'/~,q Deputy Clerk
AS TO O~ER:
DATED:
%Vitness (Signature) ~ ~
-(Print or Type)
Approved as to form anti
legal sufficiency:
Robert Zachary'ff
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: '*
Pamela S. Mac'Kie, Chairwomffn
Pebblebrookc Plaza Limited Partnership
a Florida limited partnership
By its General Partner:
Pcbblebrooke l~evelopment, Inc., a
Florid~corpora)ion.`
Pre'sident.,~c~ ~'resident
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECT NO ....... 69101.
PARCEL NO ...... 127C1
FOLIO NO.....66262003685
fee simple title
COMMENCING AT THE NORTItEAST CORNER OF SECTION 27, TOWNSHIP 48 $OUTIt,
RANGE 26 EAST, COLLIER COUNTY, FLOR/DA; 111~NCE ALONG 11111 EAST L1NI~ OF SAID
SECTION 2'/SOU'Di 1 DEGREE 28 MINI/I~S 41 SECONDS EAST,/~ DISTANCE OF 150.12 FEET;
TItENCE NORTH 89 DEGREES 10 MIN%/I~S 56 SECONDS WEST, A DISTANCE OF 160.13 FEET
TO TIlE POINT OF ~EGII'tN1NG; TItENCE ALONG A LINE LYING 160 FEET WEST, AS
MEASURED PERPENDICULAR TO, SAID EAST LINE OF SECTION 27 SOU'I/I 1 DEGREE 28
MINUTES 41 SECONDS EAST, A DISTANCE OF 50.00 FEET; TlmNCE NORTH 57 DEGREES 49
MINUTES 50 SECONDS WEST, A DIST.tdqCE OF 96.02 FEET; 111ENCE ALONG A LINE LYING
15o FEET SOLrIItl AS MEASURED PERPENDICULAR TO, ~ NORTId LINE OF AFORESAID
SECI'ION 27 SOU'DI 89 DEGREES 10 MINUTES 56 SECONDS EAST, A DISTAIqCE OF $0.00
FEET TO TIlE POINT OF BEGINNING; SAID DESCRIBED TRACt COl'trAINING 0.0`i6 ACRE
(1,998 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS TIlE EAST LINE OF SAID
SECTION 27 BEING SOLrlll 01 DEGREES 28 MINUTES ,il SECONDS EAST. PARCEL IRI27CI
EXHIBIT
PROFES. SIONAI' IL.,~ID SUrVEYOR-FL REG. # 2408
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER CQU.NTy GO.VERNMENT cOMPLEX
330t EAST TJ~IJ0vll T~,IL ' . , ·
NAPLES. FLoRI~DA 34'112~ . . SHEET '1 OF 2 -,
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL · NAPLES, FLORIDA 34112
(94~) 774-8t 92
SKETCH OF DESCRIPTION
NOT A SURVEY
GENERAL NOTES
I) P.O.C. - POIN] OF COMMENCEMI~NT
2) P.O.B. - POINT OF SEOINNIN(3
3) SEC. - SECTION
4) ]WP. - TOWNSHIP
6) ROE. - RANOE
(~} rt/w. RIGHT OF WAY
7) ALL DISTANCES ARE IN FEETAND DECIMALs THEREOF
O) NOT VALID UNLESS BIONED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFEBBIoNAL LAND SURVEYOR