Parcel 101BCOLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
MEMORANDUM
DATE:
TO:
February ~, 2004
Sue Filson, Executive Manager - BCC
FROM:
Paul Young, Right-of-Way Property Acquisition Specialist
Phone number: 239-213-5884
Vanderbilt Beach Road (Parcel # 10lB, Folio # 66679506267)
Attached please find the original Purchase Agreement for Vanderbilt Beach Road -
Project 63051 for execution by Chairman Fiala..
This property is part of the acquisition approved by the BCC pursuant to a Gift and
Purchase Resolution No. 2002-463, dated November 5, 2002 the Agenda Item Number was 10-
B. The Account Number is 313 163673
Please sign this Agreement on behalf of the Purchaser (BCC) and forward to the Board
Minutes and Records for attestation by the Clerk.
Thank you!
PROJECT: 63051
PARCEL No: 101B
FOLIO No: a portion of 66679506267
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this __ day of ,2004, by and between
WCl COMMUNITIES, INC, a Delaware corporation (hereinafter referred to as "Owner"),
whose address is 24301 Walden Center Dr., Suite 300, Bonita Springs, FL 34134-4920
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 $73,400 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. Owner
acknowledges that this transaction is in furtherance of the Vanderbilt Beach Road
Project, and this conveyance is in lieu of Purchaser's acquiring the Property via
eminent domain proceedings. Accordingly, Owner waives any damages to its
adjoining or contiguous property arising from claims which either have been made
or which could have been made had this acquisition been accomplished via
eminent domain, including severance damages, business damages, and all
attorney's fees, expert witness fees and costs as provided for in Chapter 73,
Florida Statutes. Owner expressly reserves the right to assert damages to its
adjoining or contiguous property arising out of all other claims, such as those
arising from Purchaser's negligent excavation of the Property.
Prior to Closing, Owner shall use its reasonable commercial efforts to 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. Notwithstanding the foregoing, if
Owner is unable to obtain such releases after using reasonable commercial
efforts, it shall not be deemed in default under this Agreement. However, the
Purchaser may elect to terminate this Agreement if Owner is unable to convey a
clear and marketable title as provided by Florida law, provided notice of such
termination is provided to Owner on or before sixty (60) days from the date of
execution of this Agreement.
Purchase Agreement Page 2
Both Owner and Purchaser agree that time is of the essence in regard to the Closing, and
that therefore Closing shall occur within sixty (60) days from the date of execution of this
Agreement by the Purchaser; 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 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. This Agreement shall
automatically terminate with no liability to either party if closing has not occurred on or
before one hundred twenty (120) days from the date of execution of this Agreement.
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, pertaining to the
subject matter outlined in this Agreement.
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.
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 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.
The cost of a title commitment shall be paid by Purchaser. Owner shall have no
obligation or liability for any Pelican Marsh Community Development District fees or
assessments on the property subsequent to closing. Owner will be responsible for all
fees and assessments by Pelican Marsh Community Development District pro-rata
through the date of closing. Owner will be responsible for providing a letter of estoppel
from Pelican Marsh Community Development District as to all future fees and
assessments. Notwithstanding the foregoing, if Owner is unable to obtain such letter of
estoppel after using reasonable commercial efforts, it shall not be deemed a default under
this Agreement and Purchaser shall have the right to terminate this Agreement as
provided in paragraph 2, above.
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
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this __ day of ,20
Property acquisition approved by BCC pursuant to Resolution No. 2002-463 dated
November 5, 2002.
AS TO PURCHASER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:~__
, Chairman
AS TO OWNER: WCI COMMUNITIES, INC., a Delaware
DATED: j/~ ~/<;/'~' Corporation
~-~'~.,, ~ By:. ,.'""-'-~~
~-"~1/~ (Signature)
/
Name~(Print or Type
Witness (sign-at~r(~)
Name (Print or Type)
Title
NAME (print or type)
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
AIRPORT-PULEING ROAD
EXISTING 200' ROW
I
I
I
I
I
REVISED PARCEL
PROJECT NO.:
EXISTING
NORTH
ROW
I
I
I
I
0 75' 150' 225'
SCALE: 1"=150'
Notes:
1. This is not a survey.
2. Basis of bearing is the North line of
Vonderbilt Beach Rood being S 89'45'59" E
Florida State Plane Coordinates NAD 8.:3/90,
East Zone.
3. Subject to easements, reservations and
restrictions of record,
~ PARCEL 101B
0
m
(.-)-
<:{0
Oz
'-
4. Easements shown hereon ore per plot,
unless otherwise noted.
5. ROW represents Right of Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
EXISTING 24' F.P.L.
EASEMENT PER O.R. BOOK
1285~ PAGES 1917-1919
o5/o6/0~
IPARCEL NO. :
WilspnMille * ' '
Wl~,r~ifer, hc.
May 09, 200.3 - 07:45:01 KTHOMPSOJX:~,SUR~04224\VANDYyL372_A.dwg
Description:
Being the South 15.00 feet of Tract "GC1-E",
Pelican Marsh Unit Twenty, according to the plot
thereof os recorded in Plot Book .30, Poge.s 7.3
through 75 of the Public Records of Collier County,
Florida, less the Westerly 566.81 feet.
Containing 0.255 acres, more or less.
ANDREW B. BECK, P.S.M. (FOR THE FIRM)
FLA, ,LIC. ,NO. 6065
05"//'CP~',,'~'~ (DATE SIGNED)
NO? VA'LID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CERTIFICATE OF AUTHORIZATION LB #43
CLIENT:
DATE:
12/2002
COLLIER COUNTY DEPARTMENT
OF: TRANSPORTATION
· .~KETCH AND DESCRIPTION
PROJECT NO.:
O4224--OOO-OOO
SHEET NUMBER: FILE NO,:
O~b o~ xX 1L-,372