Parcel 126A & 126B
MEMORANDUM
Date:
May 14, 2004
To: ~/ Debbie Armstrong
Transportation
From:- Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re:
Purchase Agreement: Immokalee Road Parcel #126A
And Parcel #1268, Project #66042
Please date in appropriate places and return original to Minutes and
Records.
If you have any questions, please contact me at
774-8411
Enclosure
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Thank you.
PROJECT:
PARCEL No:
FOLIO No:
66042
126A and 1268
74510040007
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this n ~ day of ~ ' 2004, by and between
NATIONAL HEALTHCARE CORPORATION, a elaware Corporation, flk/a National
Healthcare, loP., a Delaware Limited Partnership (hereinafter referred to as
"Owner"), whose address is 10949 Parnu Street, Naples, FL 34109-1405 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 $39,700.00 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. The Owner hereby authorizes Purchaser to make payment in the
amount of $39,700.00 to Midwest Title Guarantee Company of Florida., 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.
2.
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.
3.
80th 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.
Purchase Agreement
¡tf
Purchase Agreement
Page 2
4.
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.
5.
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 Coun~ Florida. i)~
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Owner represents that he 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.
6.
7.
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.
8.
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, exçept 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.
9.
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.
¡/~
Purchase Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this It) ìJ.t day of M ~ ' 2004.
Property acquisition approved by BCC pursuant to Resolution No. 2002-417, Item 10-1
dated 9/24/02.
AS TO PURCHASER:
DATED:
5. \t:OL\
ATTEST:
DWIGHT E. .~,B,Rh'~~'.""c;lerk
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signature ~J.:ì.......:..,:;~~~'i:/'
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AS TO OWNE'R':""'"
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ø~~ d~
Donna iala, Chairman
DATED: 5 - ~ - °L
National Healthcare Corporation,
a Delaware Corporation,
f/k/a National Healthcare, loP., a
Delaware Limited Partnership ¿
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Witness (Signature)
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Name (Print y e)
T ð. CAYY\~ 1>-<- I {
Name (Print or Type)
Approved as to form and
legal sufficiency:
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Ellen T. Chadwell
Assistant County Attorney
Item #
IO:r.
Agenda q -J'i. 0 z..
Date -.---,-
Dat~ 5.11-'OL.J
ReG d ---
~AJ~
puty Clerk
HM
HOLE MONTES
ENGINEERS, PLANNERS, SURVEYORS
950 Encore Way. Naples, Florida 34110 . Phone: 941.254.2000 . Fax: 941.254.2099
HM PROJECT #2000067
7/16/3
REF. DWG. #B-3636-1
PARCEL 126-A
LEGAL DESCRIPTION
A PARCEL. OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA; THENCE RUN N.89'13'25"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 26, FOR A DISTANCE OF 1325.02 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 26; THENCE RUN S.Ol °14'29"E., ALONG THE EAST LINE OF THE WEST
HALF OF THE NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 150.00 FEET TO A POINT ON THE
SOUTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED; THENCE CONTINUE S.01°14'29"E., ALONG THE EAST LINE OF THE WEST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 17.93 FEET; THENCE RUN N.46°52'54"E. FOR A
DIST ANCE OF 26.62 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD; THENCE
RUN S.89°13'25"W., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF
19.82 FEET TO THE POINT OF BEGINNING; CONTAINING 177.7 SQUARE FEET, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°13'25"E.
HOLE MONTES, INc.
CERTIFICATION OF AUTHORIZATION LB #1772
BY
~#1, IJøM1~"/
. THOMAS,~:kti
P.S.M. #5628
ST ATE OF FLORIDA
EXHIBIT .Å
page --L- of L/
W ,\O(KIO\200006 7\LEGA WES "36 36. J d,,'
FOLIO No.~l
,
Naples' Fort Mvers . Venice. Enalewood
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IMMOKALEE ROAD
RIGHT-OF-WAY VARIES
POC
NW CORNER
SECTION 26-48-25
N 8913'25" E
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GRAPHIC SCALE
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(IN FEET)
1 inch = 50 it.
I TAX PARCEL 26-26 J
LEGEND
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POINT OF COMMENCEMENT
POINT OF BEGINNING
PROJECT Nb.
00.067 HNI
DRAWN BY: DATE
BEN 5/03
CHECKED BY: DATE HOLE MONTES
TJG 5/03 EIIGIImS .1tiJIIIRS . SUMYORS
950 Encore Way
Naples. FL 34110
Phone: (239) 254-2000
Florida CertifIcate of
Authorization No.1772
# NOT A SURVEY #
NOT VALID wmtOUT
TI£ SIGNATURE AlII
"lItE OIIIGINAI. RAISED
SEAL Of A fU8)A
UCENSED SUIM'tOII
AND IWPEIl
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'M"'OKAlEE RD
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NW 1/4 SECTION 26
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LINE TABLE
LINE DIRECTJON DISTANCE
L1 S 01'14'29" E 17.93'
L2 N 46'52'54" E 26.62'
L3 S 8913'25" W 19.82'
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A LEGAL DESCRIPTION
PARCEL NO.
126-A
REFERENCE NO.
NW26-25- T-1
DRAWING NO.
8-3636-1
HM
HOLE MONTES
ENGINEERS, PLANNERS, SURVEYORS
950 Encore Way' Naples, Florida 34110. Phone: 239.254.2000' Fax: 239.254.2099
LEGAL DESCRIPTION
HM PROJECT #2000067
7/16/3
REF. DWG. #B-4236
PARCEL NO. 126B
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.Ol °20'03"E., ALONG THE EAST LINE
OF TIm NORTHWEST QUARTER OF SAID SECTION 26, FOR A DISTANCE OF 150.00 FEET TO A POINT ON
THE SOUTHERLY RIGfIT-OF-W A Y LINE OF IMMOKALEE ROAD; THENCE RUN S.89°13'25"W., ALONG THE
SOUTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 206.50 FEET TO A POINT
ON THE WESTERLY RIGHT-OF-WAY LINE OF PARNU STREET, A 60.00 FOOT RIGHT-OF-WAY, AS THE
SAME IS SHOWN ON THE PLAT OF SOUTHWIND ESTATES ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 11 AT PAGES 16 AND 17 THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
CONTINUE S.89° 13 '25"W., ALONG THE SOUTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD, FOR A
DISTANCE OF 322.70 FEET; THENCE RUN S.00046'35"E. FOR A DISTANCE OF 5.00 FEET; THENCE RUN
N.89°13'25"E. FOR A DISTANCE OF 283.19 FEET; THENCE RUN S.35°52'13"E. FOR A DISTANCE OF 18.33
FEET; THENCE RUN N.89°13'25"E. FOR A DISTANCE OF 28.96 FEET TO A POINT ON THE WESTERLY RIGHT-
OF-WAY LINE OFPARNU STREET; THENCE RUN N.00046'35"W., ALONG THE WESTERLY RIGHT-OF-W AY
LINE OF P ARNU STREET FOR A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; CONTAINING
2126.9 SQUARE FEET, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COI-"LIER COUNTY, FLORIDA, AS BEING S.89°13'25"W.
HOLE MONTES, INC '"
CERTIFICATION QF ÆUTHQIÜZA¡ION LB #1772
BY
~'~.~/'
:rHOMAS M. Mù~HY
P.S.M. #5628
STATE OF FLORIDA
F OLIO NO .j!J5.JtiJ!JttX} 7
W, l2O0Ol2OOOO6 7\L&i A ill ES B 4 2J. . doc
Naples' Fort Myers' Venice' Englewood
EXHIBIT .Å-
Page~ of~
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~ GRAPHIC SCALE
f"'IIIIIIIIIII 50 a 25 50
~!I
( IN FEET)
1 inch = 50
ft.
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LINE TABLE
LINE DIRECTION DISTANCE
l1 S 00'46'35" E 5.00'
l2 S 35'52'13" E 18.33'
l3 N 89'13'25" E 28.96'
l4 N 00'46'35" W 20.00'
IMMOKALEE ROAD
RIGHT-OF-WAY VARIES
322.70'
283.19'
U N P L A T TED
:t: NOT A SURVEY :t:
950 Encore Way HOT VALID WIIHOUT
Naples, FL 3411 0 THE SlGNA1URE AND
Phone: (239) 254-2000 ~ ~ =
Florida Certificate of UCENSED SUIMYOII
Authorization No.1772 AND IWPER.
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PROJECr NO.
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DRAWN BY: DATE
BEN 5/03
CHECKED BY: DATE
TJG 5/03 OOIIEERS . IUIII(RS . SUMYORS
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NORTH LINE
NW 1/4 sEC110N 26
SOUlH R-O-W LINE
IMMOKAlEE ROAD
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pac
N 1/4 CORNER
SECTION 26-4-8-25
ELINE. NW 1/4
SEC 26-48-25
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PARCEL NO.
126-B
REFERENCE NO.
NW26-25-T-1B
DRAWING NO.
B-4236