Parcel 121COLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
MEMORANDUM
DATE:
TO:
February 3~, 2004
Sue Filson, Executive Manager - BCC
FROM:
RE:
Paul Young, Right-of-Way Property Acquisition Specialist
Phone number: 239-213-5884
Vanderbilt Beach Road (Parcel # 121, a portion of 80400016465)
Attached please find the original Purchase Agreement for Vanderbilt Beach Road -
Project 63051 for execution by Chairman Donna 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:
PARCEL No:
FOLIO No:
63051
121
a portion of 80400016465
PURCHASE AGREEMENT
THIS PURCHASE AGREE,_MENT (here. gj.inafter referred to as the "Agreement") is
made and entered into this ~ day of ~-~.~6r'c,.~.~ ,2004, by and between
VILLAGE WALK HOMEOWNERS ASSOCIATION (:IF NAPLES, INC. (hereinafter
referred to as "Owner"), whose address is 3200 Village Walk Circle, Suite 100, Naples,
FL 34109-1316 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:
1. Owner shall convey the Property to Purchaser for the sum of $40,400.00 (said
transaction hereinafter referred to as the "Closing"). Said payment shall be full
~~,o~ compensation for the Property conveyed, including all landscaping, trees, shrubs,
improvements, and fixtures located thereon, and for any damages resu tng to
~,¢ Owner's remaining lands, and for all other damages in connection with
G."~'~conveyance of said Property to Purchaser. Purchaser shall also pay the total sum
~ ~ to the Samouce, Murrell & Gal P.A. Trust Account, which
will include reasonable attorney's fee in the amount of $ 2, ,~ 23'--"'
payment of appraisal fees to Calhoun, Collister and Parham, Inc. ir~ the amount oi
$ .~,~,c,; and for ~.~_~ment of consulting fees to J. Roland Lieber, PLLC
in th~ arr)~unt of $ 3'5'3 . Owner shall not be entitled to any additional
costs. ~
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 forty five (45) 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.
Purchase Agreement Page 2
o
10.
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.
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(s) of any mortgage(s) 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(s) 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.)
Purchase Agreement Page 3
11. 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 A reement on
· ~' ~3-~ g
th~s ~ _ day of ,20 e~/'.
Property acquisition approved by BCC pursuant to Resolution No. 2002-463, dated
November 5, 2002.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
AS TO OWNER:
DATED:
Witness (Signature)
Name (Print or Type)
Witness (Signature)
Name (Print or 'Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
VILLAGE WALK HOMEOWNERS
ASSOCIATION OF NAPLES, INC.,
A Florida non-profit corporation.
(signat~.~
(printed name)
(title)
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
710.84'
EXISTING
SOUTH
LINE
PARCEL
121
TRACT "C" ~ I--
VILLAGE WALK
PHASE FIVE, ELi
PLAT BOOK 27,
PAGES 64-69 Z
· rv l nlMIIler
.....
Sep 26, 2002 - 16:26:07 JNAPIERIX:\SUR\O4224\VANDY\lL372,dwg
0 50' 100' 200'
SCALE: 1"= 100'
Notes:
1, This is not o survey.
2. Subject to eosements, reservotions
Grid restrictions of record.
.3. Eosements shown hereon ore per I~lot,
unless Otherwise noted,
4. ROW represents Right of Way.
Description:
Being the West 710.84 feet of the North 10 feet of
Troct "C", Villoge Wolk Phose Five, Plot Book 27,
Poges 64 through 69 of the Public Records of
Collier County, Florido.
Contoining 0.16 ocres, more or less.
J. HY,~vI'T, P.S~. ~OR THE
FLA. LIC. NO. 5834~' '
~ (DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
FOLIO NO. 8o4ooo] 4b
COLLIER COUNTY DEPART'MENT
OF TRANSPORTATION
8KETCH AND DESCRIPTION
o4~4-ooo-.ooo m or ~ 1L-372