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Parcel 163MEMORANDUM DATE: TO: January 0, 2004 Ms. Sue Filson, Administrative Assistant FROM: Margaret J. Kreynus, Acquisition Specialist Purchase Agreement Vanderbilt Beach Road- 63051, Parcel No. 163 Toni A. Home and J. Gary Butler Attached is a copy of the Purchase Agreement in the amount of $22,086.26 ready for execution by Chairman Tom Henning. This represents a settlement in the amount of the County's offer plus fees. Resolution No. 2002-463, adopted by the Board of County Commissioners on November 5, 2002 (agenda item no. 10-B), authorized the acquisition of easements and/or fee simple parcels required for the construction of the six lane improvements to Vanderbilt Beach Road, and further authorized its Chairman to execute various Agreements on behalf of the Board. Most recently, June 24, 2003, the Board adopted Resolution No. 2003-231 (agenda item no. 10-D) authorizing the acquisition of right-of-way by condemnation, if necessary. Please ask Chairman Henning to execute the attached Purchase Agreement on behalf of the Board of County Commissioners, and forward to the Clerk of Minutes and Records for attestation. Thank you. PROJECT: Vanderbilt Beach Road - 63051 PARCEL No: 163 FOLIO No: a portion of 36661520003 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as~e. "Agreement") is made and entered into this ~ day of ,J,~ ,,,, ,, ,., , ' 20CJi, by and between TONI A. HORNE, a single woman, and J. GARY BU~LER, a single man, (hereinafter collectively referred to as "Owner"), whose address is 4561 7th Avenue NW, Naples, FL 34119-1529 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; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; 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: Owner shall convey the Property to Purchaser for the sum of $19,522.00, payable by County Warrant (said transaction hereinafter referred to as the ;'Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any and all damages resulting to Owner's remaining lands, and for any and all other damages in connection with conveyance of said Property to Purchaser, as provided by law. Property Owner shall also be entitled to statutory attorney fees in the amount of $964.26 payable to Policastro & LeRoux, PA, Trust Account, Arborist costs in the amount of $100.00 payable to Mr. Green Thumb Horticulturist, and for real estate appraisal services in the amount of $1,500.00 payable to Calhoun, Collister & Parham, Inc. Payment to Calhoun, Collister & Parham shall be promptly made after receipt by the Collier County Transportation Right-of-Way Acquisition Department of a copy of the appraiser's file pertaining to Parcel 163. Owner hereby authorizes Purchaser to make payment in the amount of $22,086.26 to Action Title Services, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property. It is mutually understood that the Property is being acquired under threat of condemnation. Prior to Closing, Owner shall obtain from the 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 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 that therefore Closing shall occur ~~) Gf~:.e.:ut:..cn ,,~ ~,,;.- ..-......~'~"" *~ ............ pro ided ho that ........ ~ ........ ,, ,,~ ,,,,. r u,~,,,ooo,, v , wever, 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 enjoyment of the Property. At Closing, Purchaser shall deliver the Purchase Agreement Page 2 o o 10. County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; 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 written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 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. To the best of Owner's knowledge 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 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 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 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. Purchaser shall pay for all recording fees for the Warranty Deed, and for any and al! costs and/or fees associated with securing and recording any Partial Release of any mortgage recorded against the property, and for the fees to record any curative instruments required to clear title, except for any and all costs and expenses required to secure and record releases and/or satisfactions from judgment creditors, which fees, costs and/or expenses shall be the responsibility 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 trustees, 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 stock 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 with the laws of the State of Florida. Purchase Agreement Page 3 this IN WITNESS WHEREOF, the partie~ hereto have executed this Agreement on ~ day of ,J~,_~ u,a_t,-~ ,200'¢'. Property acquisition approved by BCC pursuant to Resolution No. 2002-463, November 5, 2002, and Resolution No. 2003-231, June 24th, 2003. AS TO PURCHASER: AS TO oWNER: DATED: /- c~-~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: )Uty Clerk TOM'14L:~'TNG, Chairman'~ Attest as ~ Ckltnlie~'S si ~qature ~lJ~. Wi~ess (Signature) (Pti? o~Ty~ Witness (Signature) TONI A. HORNE Name: ~__.~'.~ci t",'l, tX (Print or Type) DATED: Witness (Signature) Name:/'~o*~ Witness (Signature) ER Name:~:t~__~ Ivl. (Print or Type) Approved as to form and legal sufficien/cy: H~idi IE./~Shton Assistant County Attorney FEE 81MPLE INTEREST saVANDERBILT BEACH ROAD EXISTING 145' ROW g'os'oo"E ,6~.o,' ]~' 30' DRAINAGE E/~ SCALE: 1"= 80' ' ~ m ~ ~ Notes: o o 1. This is not o survey. ~ m ~ 2. Basis of bearin9 ia 3, SubJect to easements, reservations TRACT 25 and restrictions of record, 4. Easements shown hereon ore per plat, unless otherwise noted. 5. ROW represents Risht I of Way. The Northerly 60.00 feet of The West Half of Troct 25 Golden Gate Estates, Unit 2, ~,///~ os recorded in Plot Book 4, Page 75, of the Public Records of Collier County. OA~O J.' ~ATT, ~.M. (FOR ~E FIRM) Florldo. Con[einlng 0.227 ecres more or FLA. LIC. NO. 5854 NOT VALID ~THOUT ~E SI~ATURE AND THE ORIGINAL RAISEO SEAL ~ A FL~IOA UCENSEO ~R~R ~0 MAPPER FOMO NO.