Parcel 158MEMORANDUM
DATE: February 1~, 2004
TO:
Ms. Sue Filson, Administrative Assistant
FROM:~'~ Margaret J. Kreynus, Acquisition Specialist
RE: Purchase Agreement
Vanderbilt Beach Road - 63051, Parcel No. 158
Thomas and Leslie Herzer, husband and wife
Attached is a copy of the Purchase Agreement in the amount of $30,788.00 ready for
execution by Chairman Donna Fiala. This represents a settlement in the amount of the
County's offer.
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 fight-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: 158
FOLIO No: a portion of 36660521003
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this ~ day of ~ ~v~.~ c,,.~ ,..~ , 2004, by and between
THOMAS HERZER, and LESLIE HERZER, husband anld wife, (hereinafter collectively
referred to as "Owner"), whose address is 1385 Cypress Woods Drive, Naples, FL
34103-3869, 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 $30,788.00, 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 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
$30,788.00 to Action Title Services, as settlement agent for the disbursement of
proceeds incident to said sale and conveyance of the Property.
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
Agreement and understanding of the parties, and there are no other prior or
Purchase Agreement Page 2
=
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.
10.
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.)
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 Agreement on
this __ 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.
Purchase Agreement Page 3
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
,. ~,#...,,. ~.~ ~,
-.? ..;~.? ,~ ?~i~i?,',;::. ~i¢~ ,-'~j~.uty Clerk
' '%~0 '
~e~ (Signature)
N'ame (Print or Type)
Witness (Signature)
Name (Print or Type)
Name (Print or Type)
Witness (signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
H~idi F. A,~hton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER ~O~NTY, FLORIDA
Thomas Herzer/
Leslie Herzer
Item #
Agenda
Date
Date
Rec'd
Deputy Clerk u
FEE SIMPLE
INTEREST
VANDERBILT BEACH ROAD
EXISTING 145' ROW
S89'05'00"E 259.82'
DESCRIPTION;
The Northerly 60.00 feet of The North 1/2
of Tract 8E, Golden Gate Estates, Unit 2,
os recorded in Plot Book 4, Page 75, of
the Public Records of Collier County,
Florida. Containing 0..358 acres more or
less.
PROJ~CT NO.: ~ I PARC[{. NO. : ~
WilsOnMiller
Oct 29. ~OOE - 09,41,06 JNAPI[RIX,\SUR\O42~4\VANOY\%L374.dwG
CLI£NT:
TIILE:
DATE:
~/~,oo.~
N
0 40' 80' 120'
SCALE: 1"~80'
Notes:
1. This is not o survey.
2. Basis of bearing is
plat.
3. Subject to
easements, reservations
and restrictions of
record.
4. Easements shown
hereon ore per plot,
unless otherwise noted.
5. ROW represents Right
of Way.
DAV1D J. ~Y///TT, 'P.skf~, (FOR THE FIRM)
rE,.,,. ,L,C. ~e. 5S34
//- / -' ~ (DATE SIGNED)
NOT VALID ~THOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SUR~YOR AND MAPPER
FOLIO NO.
COLLIER COUNTY DEPA~~
OF: TFbAN..qPORTA TION
~KI~-TCH AND C3~gCF#PTION
PROd[CT NO,:
O4224-00O-O00
ISHEET NUMBER: I FILE NO,:
~ o~ xx 1L-372