Parcel 108M F. MORANDUM
TO: Suc Filson. Administrative Assistant
BOARD OF ('OL./NTY ('OMM1SSIONEI~.S
FROM' \\'ilma Ivcrson'
Senior Property Specialist
Real Property Management Department
RE: lmmokalce Road - Parcel 1()8
DATE: September 2. 1998
With regard to thc above rclUrcnccd Project and Parccl, atlachcd lbr thc Chairman, Ms. Barbara B.
Berry's rcvicw and execution is an Eascmcnt Agrccmcnl. Kindly sign and date thc Agrccmcnt
and hax'c Dxvight E. Brock. attcst to tho Chaim~an's signaturc.
Thc Board of County Commissioncrs of Collier County, Florida approvcd thc conveyance in
Resolution ( '-
)7-.~>6prcscntcdScptcmbcr 16, 1997. Agcndaltcm 16B5.
Please rctttrn a copy ol'thc Agrccmcnt to thc Real Property Management Dcpartmont For closing.
Thank you in advance {bi' your prompt attention to this rcqucst. Should you havc any questions,
plcasc fccl fi-ce to contact mc at D8991.
attachment
PROJECT: Immokalee Road
PARCEL: 108 (Andrews/Halley)
FOLIO: 41936440007
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between HORACE S. ANDREWS, JR. and BARBARA F.
ANDREWS, husband and wife, and FRANK M. HALLEY, SR., AS TRUSTEE OF AN
UNRECORDED TRUST AGREEMENT, AND KNOWN AS THE FRANK M. HALLEY,
SR., REVOCABLE NO. 1, DATED JUNE 3, 1994, hereinafter collectively 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 the lands described in Exhibit "A", which is
attached hereto and made a part of this Agreement, (hereinafter referred to as the
"Property") for road, utility, drainage, sidewalk and maintenance purposes; and
WHEREAS, the Owner desires to convey the Property to the Purchaser for the
stated purposes, under the terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance
of ti;e Property to the Purchaser.
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 padies as
follows:
1. Owner shall convey the Property to Purchaser, via Warranty Deed, in
exchange for the sum of $8,000.00 as full payment for the Property interest(s) 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 Property.
2. Purchaser shall pay Owner of the Property 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 a deed 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 Property. 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 Properly 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 title 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 Property shall be provided to Purchaser on or before
the date of closing.
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 Property 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 Property to be sold to the County, that the seller has not received
notice and otherwise has no knowledge of a) any spill on the Properly, b) any existing
or threatened environmental lien against the Properly or c) any lawsuit, proceeding or
investigation regarding the generation, storage, treatment , spill or transfer of
hazardous substances on the Properly. 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 6. This provision shall survive closing and is not deemed
satisfied by conveyance of title.
8. Conveyance of the Property, or any interest in the Property, 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 deed. All other costs
associated with this trar, saction including, but not limited to, transfer, documentary and
it, tangible 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 oi' a Padial Release ot' the mortgage(s) recorded against
the Properly from the mortgagee(s).
11. If the Owner holds the Properly in the form of a partnership, limited
partnership, corporaiion, 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. (Il 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.
IN WITNESS WHEREOF, the padies hereto have executed
Agreement on this ,,...¢ day of
Dated Project/Acquisition Approved by
BCC:
this Purchase
AS TO PURCHASER:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BACt,~ARA-B. B'E R R y~'7~ h a i~,:n a~--___.~
AS TO OWNER:
DATEDi August 25, 1998
WITNESS , /
¥icki Dungan~
(Print Name of Witness)
WITNES~
Amy' l,uks
(Print Name of Witness)
W,f- ESS , -//
Vicki. Dungan ~"
(Print Name of Witness)
WITNESS~
Am.y l.uks
(Print Name of Witness)
WITNESS 'a U
(Print Name of Witne'ss)kJ
WITC/ESS -
(Print Name of Witr{ess) {
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
HORACE S. ANDREVV~, JR.
Address:-
BARBARA F. ANDREWS
, Address:
FRANK M. HALLEY, SR., a's Trustee
of an unrecorded Trust Agreement, and
known as the Frank M. Halley, Sr.,
Revocable Trust No. 1, dated June 3,
1994
Address: 3~tcS""/~OY,a}(-- 0.200.._% ~L-~.
330~
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
LE A ESCRI TION NOT A SURVEY
PROJECT NO,-____5_Q.LD_L
PROJECT PARCEL NO,.___/_Q~
TAX PARCEL NO.-J~Lg.2aN~:LOZ)~_
I
'ItttE NOWIll FIFI'Y (50') FEET OF TI(ACT 90 OF THE PLAT THEILEOF, GOLDEN
(;ATE ESTATES,UNIT 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF TIlE
PUIILIC RECORDS OF COLLIER COUNTY,FLORIDA.
SAID TRACT CONTAINS 16500 SQUARE FEET OR ,379 ACRES MORE OR LESS,
PARCEL 108
PROFESSIONAL L~ND SURVEYOR N2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY GOVERNNIENI' COMPLEX
3.7,01 E TAMIAMI TRAIL NAPLES, FLORIDA 34112