Parcel 133
MEMORANDUM
Date: May 14, 2004
To: yDebbie Annstrong
Transportation
From: / ~ Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
Re: Purchase Agreement: Vanderbilt Beach Road, Project
No. 63051, Parcel 133
Enclosed is (1) original and (1) copy of the document referenced above,
Agenda Item #10B, approved by the County Board of Commissioners on
November 5,2002
Please date in appropriate places and return original to Minutes and
Records.
If you have any questions, please contact me at
774-8411
Thank you.
Enclosure roY'
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PROJECT: 63051
PARCEL No.: 133
FOLIO NO.: 41820720008
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this J Lj Tt1 day of M A;G( , 2004, by and between
\
JOHN AURIGEMMA and ADA AURIGEMMA, husband and wife (hereinafter
collectively referred to as "Owner"), whose address is 755 Logan Blvd. N., Naples, FL
34119-1422, 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 $3,800.00 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 $3,800.00 to Midwest Title Guarantee Company of Florida, as
settlement agent for the disbursement of proceeds incident to said sale and
conveyance of the Property.
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
Purchase Agreement
- .... -'-~"'-"'-"'. ~-'--'-"~-""'-"-
Purchase Agreement Page 2
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.
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.
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Purchase Agreement Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this J L/ rJf: day of M (i.",( , 2004.
1
Property acquisition approved by BCC pursuant to Resolution No. 2002-463, dated
11/5/02, Item 10B.
AS TO PURCHASER:
DATED: o-lLf.o 4
ATTEST: ,"""1" BOARD OF COUNTY COMMISSIONERS
,I'" '_. .,
DW IG HT E,'BR.O&~.~lerk COLLIER COUNTY, FLORIDA
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Attest as ~ f'''I':.:/~1 l Donna lala, Chairman
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AS TO OWNER:
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J& AURi1MMA
Witness (Signature)
Ye6~le t+~f1STYL.ONL
~p"nt or Type)
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Name (Print or Type)
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Witness (Signature) ADA AURIGEMMA
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Witness (Signature) ,
tLohn~ -SJ~O
Name (Print or Type)
Approved as to form and
legal sufficiency: Item # lOf>
kb-t1~ Agenda 11- 5, 0 z..
Date -
Ellen T. Chadwell
Assistant County Attorney
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VANDERBIL T BEACH ROAD EXHIBIT~
EXISTING 170' ROW P-. \ ot....l.-
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o 50' 100' 150'
SCALE: 1" = 1 00'
I Notes:
I ..I 1. This is not a survey.
TRACT 18 IIRACT 19
I I 2. Bearings are based on the west
easement line of Logan Blvd. being S
P 0 B 00.28'58" E State Plane Coordinates,
N89'31'02~'t r . . . Florida East Zone, NAD 83/90.
3.73' I
b ~P 0 C 3. Subject to easements, reservations
~ I I . . . and restrictions of record.
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P ARCEL ~ 8 NO~TH 105' OF
133 ----.:.: t\S THE NORTH 180' 4. Easements shown hereon are per plat,
.L...J ~ Of TRACT 20 unless otherwise noted.
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~ ... 5. ROW represents Right of Way.
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~ ~ SOUTH 75' OF 6 P 0 B t p' t f B . .
TRACT 17 11.23' I ~ THE! NORTH 180' ... . represen s oln 0 eglnnlng.
N84'29 '40 "w. OF. TRACT 20
I 0 I 7. P.O.C. represents Point of
0:::: Commencement.
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~ 0 2 SOUTH 150' Description:
-, 0 W OF TRACT 20
I 0-..1 .-- (f)<( I COMMENCING AT THE NORTHEAST CORNER OF TRACT
o W 17, GOLDEN GATE ESTATES UNIT 95, PLAT BOOK 9,
I OJ z I PAGE 45 OF THE PUBLIC RECORDS OF COLLIER
r- >- COUNTY, FLORIDA;
__I Z (f) <( THENCE ALONG THE NORTH LINE OF SAID TRACT
. <( X:> SOUTH 89'31 '02" WEST 50.00 FEET TO THE POINT
l? WOOF BEGINNING;
o <(0 THENCE LEAVING SAID NORTH LINE SOUTH 00'28'58"
-.J EAST ALONG THE WEST LINE OF A 100 FOOT
I 0::: I ROADWAY EASEMENT PER SAID PLAT, 125.95 FEET;
THENCE NORTH 84'29'40" WEST 11,23 FEET;
I XI.......l THENCE NORTH 02'55'41" WEST 125.00 FEET TO THE
(I I I NORTH LINE OF SAID TRACT;
f- ~ f- ~ THENCE ALONG SAID NORTH LINE NORTH 89'31 '02"
as ~ as ~ EAST 3.73 FEET TO THE POiNT OF BEGINNING.
:::Ea.."..... :::Ea..".....
wll::f- WIl::f-
TRACT 16 ~ 1r ::s ~ 1r ::s CONTAINING 0.02 ACRES, MORE OR LESS.
W a.. W a..
1e,,~1l:: e,,~1l::1
zo W zo W
F Ii ~ F Ii ~ TRACT 21
GOLDEN GATE ESTATES I ~Il:: ~Il:: I
UNIT 95, wli' wli' ~
PLAT 800K 9, PAGE 45 l/./ . ~
I ANDREW B. BECK, P.S.M. (FOR THE FIRM)
, nA~AlO' 6065
- - - - - - i ~ ~~DATE SIGNED)
60' ROADWAY EASEMENT : CHERRYWOOD N~ V LID WITHOUT THE SIGNATURE AND
I THE ORIGINAL RAISED SEAL OF A FLORIDA
7TH A VENUE S. W. I DRIVE LICENSED SURVEYOR AND MAPPER
- - . I I I - CERTIFICATE OF AUTHORIZATION LB #43
REVISED PARCEL 05/19/03
REVISED 03/03/2003
PROJECT NO,: 63051 I PARCEL NO, : 133 CLIENT: COLLIER COUNTY DEPAFf'T'IlAENT
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WiI.Miller m. SKETai AM) DESCRP1lON
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Wl9onMfef; Inc,
Nl/pIIf. F'atlifn .!InlIob . /l'Uml. TlIIpI DATE: I PROJECT NO,: I SHEET NUMBER: I FILE NO,:
3inl_1.IM,1Ue:m.~1btit34tU!lJ7.1'1m1 ~'Far ~'MW>618 _.....mll 10/2002 04224-<100-000 33 or XX tL-372
May 23. 2003 - 07: 40: 06 KTrlOMPSOIX: \SUR\04224\VANDy\1L372-A,dwg