Parcel 190
Memorandum
To:
Sue Filson, Executive Manager
From: Hope Brack, Transportation Right-of-Way
éh
Date: April ~, 2004
Subject: Vanderbilt Beach Road, Parcel 190
The attached Purchase Agreement is being forwarded to you for the Chairman's signature. The
document has been reviewed by the County Attorney's office and signed as legally sufficient.
A Gift and Purchase Resolution was approved on 11/5/2002 as Resolution 2002-463 as Agenda
Item No. 10-B.
A Condemnation Resolution was approved on 6/24/2003 as Resolution 2003-231 as Agenda
Item No. 10-D.
Please sign/stamp the Chairman's name to the appropriate page and call me so that I may pick up
the document. (0['/.3 - 58'/:;)
T1;
Transportation Right-ot-Way Office
PROJECT: Vanderbilt Beach Road - 63051
PARCEL No: 190
FOLIO No: A portion of 36712900006
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this ,:25-11\ day of ~ P ( " l , 2004, by and between K.
VASANTH PAl and MALA V. PAl, husband and wife, (hereinafter collectively referred
to as "Owner"), whose address is 3711 7TH Avenue NW, Naples, Florida 34120-1611
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 $27,500 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.
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.
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.
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.
~
ryv
Purchase Agreement
Page 2
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 County, Florida.
6.
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.
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 Parcel, 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. The cost of a title commitment shall be paid by Purchaser.
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
~te of Florida.
cyv'f
Purchase Agreement
Page 3
IN ~ITNESS W~EOF. the parties hereto have executed this Agreement on this
hV day of , 2004.
Property acquisition approved by BCC pursuant to Resolution No. 2003-231, June 24th,
2003.
AS TO PURCHASER:
DATED:~
A1H~$J~:,', "
,QW.tßFf:EE:'~'ROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~ ~-
BY:
. Dorm- - ~HAI ~
AS TO OWNER:
v~
itn s (S' nature)
Name:J( E"'"}~ .y£:~b~ \ vJ<..,..S
(Print or Type)
= A"fJ' f1Jw<: '
- tness (Signature) 0
Name: ';¡tNìJ~rt:ft ~
(Print or Type)
K. VASANTH PAl
t}t ~ A
MALA V. PAl.. / l,
Name:j(EVI J -r\-~J c4:..S
(Print or Type)
~
i ness (Signature)
Name: St3N¡J ~ ¡-bpé ~ .
(Print or Type)
Approved as to form and
legal sufficiency:
-Þtvl ¡ A
HEIDI F. ASHTON
Assistant County Attorney
GOLDEN GATE ESTATES
UNIT 3
PLAT BOOK 4, PAGE 77
TRACT 32
WEST 180'
OF TRACT 33
EAST 150'
OF TRACT 33
WEsi 150'
OF TRACT 48
EAST 180'
OF TRACT 48
PARCEL
190
TRACT 49
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REVISED PARCEL 05/07/03
PROJECT NO.: 63OS1 PARCEL NO. : 190
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SCALE: 1"= 50'
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Notes:
1. This Is not a survey.
2. Basis of bearing Is the South line of
Vanderbilt Beach Road being N 89"55'31" W
Florida State Plane Coordinates NAD 83/90,
East Zone.
3. Subject to easements, reservations and
restrictions of record.
4. Easements shown hereon are per plat,
unless otherwl~13 noted.
5. ROW represents Right of Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
Description:
BEING THE NORTH 66 FEET OF THE EAST 180' OF
TRACT 48, GOLDEN GATE ESTATES UNIT 3,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 4, PAGE 77 ~F mE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA
CONTAINING 0.273 ACRES, MORE OR LESS.
~~
ANDREW B. BECK, P.S.M. (FOR THE FIRM)
F~~~)~}(~¡TE SIGNED)
NoFvALlD WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
CERTIFICA TE OF AUTHORIZATION LB #43
COLLIER COUNTY DEPARTMENT
OF TRANsPoRT A 77ON
SKETCH AND DESCRIPTION
PROJECT NO.:
04224-000-00o
SHEET NUMBER: FILE NO.:
IK} OF xx 1L -<172