Parcel 106
MEMORANDUM
Date:
May 17, 2004
Re:
Purchase Agreement:
66042, Parcel 106
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Immokalee Road, Project No.
To: Debbie Armstrong
XTransportation
From: Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Enclosed is (1) original and (1) copy of the document referenced above,
Agenda Item #101, approved by the County Board of Commissioners on
September 24,2002
Please date in appropriate places and return original to Minutes and
Records.
For future reference, it would be helpful if the documents were dated
before being submitted to Minutes and Records.
If you have any questions, please contact me at
774-8411
Thank you.
~JJ'
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Enclosure
4.
PROJECT:
PARCEL No:
FOLIO No:
66042
106
69586500405
PURCHASE AGREEMENT
db~ rI<.c:JNSTO~E ~ANk: ~
THIS PURCHASE A REEMENT (hereinafter referred to as the "Agreement") is
made and entered into this \ 'l-m day of lV\r-t~ , 2004, by and between
ATLANTIC STATES BANK (hereinafter referred tò as "Owner"), whose address is P.O.
Box 27131, Raleigh, NC 27611-7131 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 $12,900.00 payable
by County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the Property conveyed, including ali
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 $12,900.00 to American Government Services Corporation, 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.
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.
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
...-....--.--.--
9.
Purchase Agreement
Page 2
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 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 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.
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 \ T-¡w day of I--'\A'-\ , 2004.
\
Property acquisition approved by BCC pursuant to Resolution No. 2002-417, Item 10-1,
dated 9/24/02.
AS TO PURCHASER:
DATED: .5-/'7 -0'1
\i(¿:. , - '" .
Attest II'~' /01'111
signature 0111.
AS TO OWNER:
,JJ.G.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~~ d~
Donna ala, Chairman
DATED: ~9/01f
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Witness (Signàlure)
ATLANTIC STATES BANK
BY~\N- .
Signature
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Print Name
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Title
~~ LJJ.\4.J
Name (Print or Type)
Approved as to form and
legal sufficiency:
f¿¿ u eLl' ~
"'Ellen T. Chadwell
Assistant County Attorney
Item # ~Qi.~='-l
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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
7/17/3
REF. DWG. #B-3702
PARCEL NO, 106
A PORTION OF LOT 9 OF RIVERCHASE COMMONS ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 32 AT PAGES 20 AND 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF RIVERCHASE BOULEVARD, AN 80.00 FOOT
RIGHT -OF- WAY, WITH THE NORTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD, THE SAME BEING
A POINT ON THE BOUND,A..R Y OF RIVER CHASE COMMONS ACCORDING TO THE PLA T THEREOF
RECORDED IN PLAT BOOK 32 AT PAGES 20 AND 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE RUN S.89°45'55"E., ALONG THE BOUNDARY OF SAID RIVER CHASE COMMONS AND
ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 64,59 FEET
TO A POINT ON THE BOUNDARY OF LOT 9 OF SAID RIVERCHASE COMMONS; THENCE CONTINUE
S.89°45'55"E., ALONG THE BOUNDARY OF SAID LOT 9 AND ALONG THE NORTHERLY RIGHT-OF-WAY
LINE OF IMMOKALEEROAD, FOR A DISTANCE OF 14.31 FEET; THENCE RUN N.00014'05"E. FOR A
DISTANCE OF 5.00 FEET; THENCE RUN N.59°45'55"W. FOR A DISTANCE OF 22.05 FEET; THENCE RUN
N.89°45'55"W. FOR A DISTANCE OF 18.54 FEET TO APOINf ON THE BOUNDARY OF SAID LOT 9, THE SAME
BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS
N.69°11 '47"E., A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE
BOUNDARY OF SAID LOT 9 AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF
25.00 FEET, THROUGH A CENTRAL ANGLE OF 68°57'42", SUBTENDED BY A CHORD OF 28.31 FEET AT A
BEARING OF S.55°1T04"E., FOR A DISTANCE OF 30.09 FEET TO THE POINf OF BEGINNING; CONTAINING
395.4 SQUARE FEET, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENfS, RESERVATIONS OR RESTRICTIONS OF RECORD.
-
BEARINGS REFER TO THE NORTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD, AS BEING
S.89°45'55"E,
HOLE MONTES, INC.
CERTIFICATION OF AUTHORIZATION LB #1772
BY
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P,S.M. #5628 .
STATE OF FLORIDA
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EXHIBIT A
Page.-L- of.2-
W .12000\200006 7\l.E(¡A IDes B3 7 02.da:
FOLIO NO.~qS1)b~O~ûS
Naples. Fort Myers. Venice' Englewood
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POC
POB
GRAPHIC SCALE
10 0 5 10
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(IN FEET)
1 inch = 10 ft.
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LINE TABLE
LINE DIRECTION DISTANCE
L1 N 00.14'05" E 5.00'
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LEGEND
POINT OF COMMENCEMENT
POINT OF BEGINNING
PROJECT NO. IflVI
00.067
DRAWN BY: DATE
BEN 4/03
CHECKED 8Y: DATE DEiS . PIAIIOS . SII'trtIJiS
TJG 4/03
S 89.45'55" E
64.59.
NORTIi R-O-W UNE
IMMOKALEE ROAD
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18.54'
14.31'
S 89"45'55ft E
9
RIVERCHASE COMMONS
P.B, 32, pes 20-21
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CURVE BEARING DELTA
C1 S 55.17'04" E 68'57' 42"
IMM Q KALEE R Q AD
S LINE, SW 1/4
SECTION 22-48-25
~-
S 89.45'55" E
* NOT A SURVEY *
950 Encore Way HOT VALl) WITHOUT
Naples, FL 34110 1I/E SlGNATUIIE NIl
Phone: (239) 254-2000 ~~=
Florida Certlflcat. of IJCENSED SUIMYOII
Authorization No.1772 AND IMPP£R.
R-Q-W VARIES
SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION
PARCEl NO.
106
REFERENCE NO.
SW22-9- T
DRAWING NO.
8-3702