Parcel 161MEMORANDUM
DATE: February 1~, 2004
TO: Ms. Sue Filson, Administrative Assistant
~argaret J. Kreynus, Acquisition Specialist
FROM:
RE: Purchase Agreement
Vanderbilt Beach Road - 63051, Parcel No. 161
Gary Gene Johnston
Attached is a copy of the Purchase Agreement in the amount of $18,300.00 ready for
execution by Chairman Donna Fiala. 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 Fiala 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: 161
FOLIO No: a portion of 36661480004
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this i& day of ~C~ , 2004, by and between
GARY GENE JOHNSTON, (hereinafter referred to as "Owner"), whose address is P.O.
Box 216, Linville, NC 28646-0216, 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 $18,300.00, which
includes a boundary survey payment of $500.00 (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 damages resulting to Owner's remaining
lands, and for all other damages in connection with conveyance of said Property
to Purchaser, including all attorneys' fees, expert witness fees and costs as
provided for in Chapter 73, Florida Statutes. Owner hereby authorizes Purchaser
to make payment in the amount of $18,300.00 to Action Title Services, as
settlement agent for the disbursement of proceeds incident to said sale and
conveyance of the Property. Action Title Services will issue Owner's settlement
funds via cashier check.
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 within thirty (30) 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.
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
Purchase Agreement Page 2
10.
11.
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.
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 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.
Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser 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 Purchaser 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.
Purchaser shall pay for all recording fees for the Warranty Deed, and for any and
all 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
of the Owner. In accordance with Statutory exemptions prohibiting payment of
documentary stamp taxes by Purchaser, Owner shall pay all documentary stamp
taxes required on the instrument of transfer.
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 ~c~ day of ~ ,2004.
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:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO OWNER:
DA ED:
Witness (Signature)
Name (Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Donna/Fiala~ Cl~airm~n' -
GARY Gl=NE JOHN~DN--"
Witness (Signature)
Name (Print or Type}
Approved as to form and
legal sufficiency:
Heidi F. As'l~ton
Assistant County Attorney
DERBILT BEACH ROAD
EXISTING 145' ROW
N
S89'05'00"E 150.01'
0 40' 80' 12O'
SCALE: 1": 80'
Notes:
1. This is not o survey.
2. Bosis of beoring is
plot.
3. Subject to
eosements, reservotions
ond restrictions of
record.
4. Eosements shown
hereon ore per plot,
unless otherwise noted.
5. ROW represents Right
of Woy.
DESCRIPTION:
The Northerly 60.00 feet of Troct 24,
Golden Gore Estotes, Unit 2, os recorded in
Plot Book 4, PoLe 75, of the Public
Records of Collier County, Florido. Less ond
Except the Lost 180 feet thereof.
Contoining 0.207 ocres more or less.
Dot ED. EOOE - 09,4]:06 JNAPIERIX,\SUR\O4~E4\VANDY\IL374.dwg
DAYqD J: ,J,~ATT,'I~.S.M. (F.R THE FIRM)
FLA. LIC.~NO, 5834
//-/- ~.7-.. (DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
FOLIO NO.
Wils nMiller
CLIENT:
COL/_/ER COUNTY DEPARTR4ENT
OF= ~A~
;KETCH AND DESCRIPTTON
DATE:
PROJECT NO.: SHEET NUMBER: FILE NO,:
L~.e-24-O00-O00 ~/ or ,XX