Parcel 119TO:
FROM:
RE:
DATE:
MEMORANDUM
Sue Filson, Administrative Assistant
BOARD OF COUNTY COMMISSIONERS
Wilma Iverson
Senior Property Specialist
Real Property Managcmen! Department
lmmokalee Road- Parcel 119
October 2 !, 1998
With regard to the above referenced Project and Parcel, attached for tile Chairman, Ms. Barbara B.
Berry's review and execution is a Purchase Agreement. Kindly sign and date the Agreement and
have Dwight E. Brock, attest to tile Chairman's signature.
The Board of County Commissioners of Collier County, Florida approved the conveyance in
Resolution 97-356 presented September 16, 1997, Agenda Ilcm 16 B 5.
Please return a copy of tile Agreement to tile Real Properly Management Department for closing.
Thank you in advance for your prompt attention to this request. Should you have any questions,
please feel free to contact me at #8991.
attachment
PROJECT: Immokalee Road
PARCEL: 119 (Rigas)
FOLIO: 00195840007
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between CONSTANTINE J. RIGAS TRUSTEE OF
CONSTANTINE J. RIGAS TRUST DATED APRIL 19, 1983, with power and authority
either to protect, to conserve or to sell, or to lease, or to encumber, or to otherwise
manage and dispose of the real property described in that certain Warranty Deed
recorded in Official Records Book 1504, Page 375, et seq, of the Public Records of
Collier County, Florida, 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 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 the 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 parties as
follows:
1. Owner shall convey the Properly to Purchaser, via Warranty Deed, in
exchange for the sum of $17,000.00 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 Property 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 Flodda 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 properly contiguous to or
in the vicinity of the Property to be sold to the County, thai 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 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 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 coud, out of court, in
bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by
or asseded 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 Properly, 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 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 Partial Release of the mortgage(s) recorded against
the Property from the mortgagee(s).
11. 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. (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.
IN WITNESS WHEREOF, the parties hereto have executed this Purchase
Agreement on this ~...' day of
Dated Project/Acquisition Approved by
BCC: 9/16/97 o Res. #97-356
AS TO PURCHASER:
DATE D:/',~,/:~/.~2-
ATTEST:
DWIGHT E. BROCK, Clerk
.' ~ ., Depu~Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BAI:~RAVB: BERI~Y, Ch~'~
AZ TO OWNER:
W~NESS
C..,aT~/.~,'i,~- ~ ~elz~Ulp
(Print Name of Witness)
WITNESS
(Print Name of Witness)
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
CONSTANTINE J. RIG, A:.,.,.,.S,,2:I:RUSVTEE.
OF CONSTANTINE J. R~GAS TRUST
DATED APRIL 19, 1983
Address: 4031 Gulfshore Blvd. North
Naples, Florida 34103