Parcel 120 & 121.10/24/2003 08:39 FAX
239659577! TRRNSP RICItT/WAY ~005
COLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENCHNEEKING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
2685 Sooth Hor=¢~hoc DrJ. ve, $ui1¢ 214, Iqapic~, Florida 3al 04
Phone: (239}213-5805 FA~: {239)213-588.5 ..................
September 12, 2003
RE: Parkway Church of Christ
300.1. 'Santa Barbara Boulevard
Naples, Florida 34116
Dost: Mr. Forman,
As attorney-in fact, for the Golden Gate Church of Christ Inc., the record owner of the above named church;
we at Collier County offe.! this as the written documentation of our agreement of August 22. 2003. Thc two
separate parcels we ate acquiring from the 7.46 ac~e parent tract total 1.07 acres. We have agreed thai our
fee simple take of these 1.07 acres will be purchased on the basis of $12.00/Sq.ft or 1.07 X 12.00=
$560,472.00. In additioo, experts' fees of $.1.3,282 and an attorney's fee of $25,000 will also be paid. There
are no other fees. costs, o.r expenscs.
Collier County further agrees not to unr¢~onably withhold approval of a Right-in and Kighl-out and loft-in
dirccfooal m~dian opening on (3olden Gate Parkway near the w~ste~n property boundary. Said access must
be in accordance with Collier County's access management policies and would be subject to closure or
modification by the County in th~ interest of public safety,
If. the above summarizes your recollection of thc agreenaent, please sign and .return to mc. For safety sake,
please have your clients sign as well.
Please do not hesitate to call ii' you any questions or if [ ;nay bt of any further assistance.
5incere. ly,
Gordon Douglas
Property Acquisition Specialist
Client Signatur~
Client Signature
10/24/2005 08:37 FAX 2396595771 TRA~SP RICHT/~&Y
PROJECT: SANTA BARBARA BOULEVARD 62081
PARCEL No: 120 & 121
FOLIO Nos: As to parcel 120= #38170080003
As to parcel 121= #38170040001
PURCHASE AGREEMENT
m~Lde and entered into this ~ dayof ~ )0_..'l'Ol:~..r-_ ,2003, by and between
PARKWAY CHURCH OF CHRIST, INC., a FLORIDA Non-Profit Corporation, f/k/a/
GOLDEN GATE CHURCH of CHRIST, Inc., a FLORIDA Non-Profit Corporation
(hereinafter referred to as 'Owner"), whose address is 3001 Santa Barbara
Boulevard, Naples, Florida 34116-7427, 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 Exhibits "A
& B" (hereinafter collectively referred to as the "Property'), which are attached hereto
and made a part of this Agreement; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the lerms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Properly;
NOW THEREFORE, in consideration of these premises, lhe sum of Ten Dollars
.($10.00), and olher good and valuable consideralion, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
Owner shall convey the Property to Purchaser for the sum of $598,754.00 payable
by County Warrant (said Iransaclion hereinafter referred to as the 'Closing"). Said
payment shall be full compensalion for the Property conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon, and for
any damages resulting Io Owner's remaining lands, and for all other damages in
connection wilh conveyance of said Property to Purchaser, including all attorneys'
fees, expert w[tness fees and costs as provided for Jn Chapter 73, Florida
Statutes.
Prior to Closing, Owner shall obtain from the holders of any liens, exceplions
and/or qualificalions encumbering the Property, th~ execution ct such instruments
which will remove or release such encumbrances from the Property upon Ihei¢
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.
Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and thal Iherefore Closing shall occur within sixty (60) days from the date
.of execulion of this Agreement by the Purchaser; provided, however, Ihal
Purchaser shall have the unilateral right to extend the term of this Agreement
pending receipt of such instrumenls, properly execuled, 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.
Conveyance of the Properly by Owner is contingent upon no other p~ovisions,
conditions, or premises other than those so slated herein; as well as 1hose
considerations as identified in the September 12"' letter attached hereto as exhibit
"C", and the written Agreement, [ncluding all exhibits attached hereto, and shall
Purchase Agreement
08:39 F~T 2~gG595??t *I'~SP R[GIIT/~A¥ ~003
Purchase Agreement
Page 2
constitule 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,
Owner is aware and understands that the 'offer' to pumhase represented by this
Agreement is subject to acceplance end approval by the Board of County
Commissioners of Collier County, Florida.
6. Owner represents that the Properly 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 ti'lo Property except aa specifically disclosed to the Purchaser; that the Owner
has no knowledge of any spill or environmental law violation on any pro~3erty
contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the
Owner has not received notice and other~ise has no knowledge of a) any spill on
the Properly, b) any existing or threatened environmenlal lien against the Property
or c) any lawsuit, proceeding or investigation regarding the generation, storage,
Irealment, spill or transfer of hazardous substances on the Property. This
provision shall survive Closing and is not deemed satisfied by conveyance of title.
7. I~ner shall~emnify, def~, save an~lold harr~ss tho ~urohas~r~. against,
ant~l~rom, and t%~.relmburse thib~Purchaser ~ respect, any ~t.d all d~ages,\
claim'~liab~itles,'~aws, costs~nd expen'b~s (Inclu~l~pg witl~ut lim?t(llion
reasona]~ paralega]~md attomey'~s and ex~nses wh~her in 'l~urt, ou~of
~,ourt~ppea~ penalti~ or fin~,
bre~h of Owne'Y~ representation und re ~flon 6. T~' pro~sio~ shall ~rvive
Ciost~nd is riel ~emed satis'l~d by convey'~Klce of tille.~
9o
10.
11.
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 '..-c.-;;f=,', ~;;;,~,~,;&,-F ~,~,,; ;,-,;=,,~;'..;~ ;z~,,,,~,
~ recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associaled
with securing from mortgagee(s), and recording In the public records of Collier
Cou~ly, Florida, such full or partial release(s) or salisfaction(s) as are necessary
to convey a clear and marketable tile to the Property. The cost el a title
commitment shall be patd by Pumhaser.
This Agreement and lhe terms and provisions hereof shall be effective aS o! the
date Ihis 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 truslees, 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,
Florida Statutes, whose st~ck 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 wilh the laws of the
State ef Florida.
08:,39 [;AX 2,391]G95771 ']'~ANSP RtGII~/WAY 1~004
Purchase Agreement
Page 3
i.~ .WITNESS W~the parties_hereto have executed this Agreement on
this ~,,t.t~day of.[Z~'J~-i3/DP_F ,20 0...~.
Property acquisition approved by BCC pursuant.to Resolution No. 2002-442, deled
October 22, 2002.
AS TO OWNER:
Wilness (SJgnat~
Nam.e (Pfinl or Type)
BOARD OF CO,lINTY COMMISSIONERS
COLLIER CO , FLO
BY:ToM HENNING, Chairman
PARKWAY CHURCH OF CHRIST. INC.,
A Florida non-profit corporation
Signature
(prim ne, mo)
(print title)
Name (pdm or b~)o)
Approved as to form and
Assistant County Attomey