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Parcel 104 Memorandum 101 TO: FROM: Sue Filson Executive Manager, Board of County Commissioners Debbie Armstrong .~ Acquisition Specialist Transportation - Right-of-Way Office June ~, 2004 (j) Immokalee Road, Project No. 66042 Parcel 104 Il~C~/v.J:: J '. 4.~D UN ..1 -~ ~., J, ,'" , "'¡;'J'f 1:E. & c~ . . DePt DATE: RE: Transmitted for your further handling is a Purchase Agreement for a fee simple acquisition of Parcel 104 required for the Immokalee Road improvements project, which the Board authorized the Chairman to execute on its behalf on September 24, 2002, Resolution 2002-417 Item 10-1. Please have the Chairman execute the attached Purchase Agreement and forward to the Clerk for attestation. The instrument may then be returned to this office. ' Please do not hesitate to call (213-5874) if you have any questions or if I may be of any assistance. Thank you. Thank you. Attachment Transportation Right-of-Way Office PROJECT: PARCEL No: FOLIO No: 66042 104 69586500162 101 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ')111: day of :JDAJIC , 2004, by and between RIVERCHASE PLAZA LLC (hereinafter referred to as "Owner"), whose address is 1020 Crosspointe Drive, Suite 106, Naples, FL 34110-0918 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 $7,300.00 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 $7,300.00 to American Acquisition Title, Inc., 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. Purchaser acknowledges that as a result of the Owner's conveyance of Parcel 104 to the Purchaser, the Owner's parent tract may be rendered legally non- conforming under s. 2.1.13 of the Collier County Land Development Code. The Purchaser represents that if, as a result of a natural disaster or fire, the building presently located on the parent tract is destroyed and Owner desires to rebuild a structure of comparable size at the same location then the Purchaser will not oppose an application for a variance on the sole basis of a non-conforming set back or yard. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 3. 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. 4. 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 Purchase Agreement 101 Purchase Agreement Page 2 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. 5. 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. 6. 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/~r 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.) Purchase Agreement 1 O!ge3 .. 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 ~ttt day of -:IlJN~ ,2004. Property acquisition approved by BCC pursuant to Resolution No. 2002-417, Item 10-1, dated 9/24/02. AS TO PURCHASER: DATED: b· l' 0 If ATTEST: DWIGHT E. ~R$.q'ISClerk . .r~;'~.······...OII c:~\ ~ ..f.ti"...... - '\ ...... ,¡q - fr)',' - ;, t:~~~. ,. ", C' : pj": .:., <.\ ~ ' ", ...~..... :-0. .;~}~'.... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~.() BY: Donna F . Attest a~:¿'~..~~fr~s}rk s 19natur.' òl)t.lf""·· ..' ,,' .~~",... , · c,u~r.~· AS TO OWNER: ' DATED: $//8 )01 , , Riverchase Plaza LLC ¿~ J(. .++~ DRernC<-t1 n Name (Prin or Type) Q~~) Witness (Signature) Q4~ol- f6 t-'t-er' Name (Print or Type) Approved as to form and legal sufficiency: ÝUA--V ~ Ellen T. Chadwell Assistant County Attorney HM HOLE MONTES ENGINEERS· PlANNERS . SURVEYORS 950 Encore Way. Naples, Florida 34110 . Phone: 239.254.2000 . Fax: 239.254.2099 101 HM PROJECT #2000067 7/17/3 REF. DWG. #B-3701 PARCEL NO. 104 LEGAL DESCRIPTION A PORTION OF LOT 3 OF RlVERCHASE 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 P ARTICll..ARL Y 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 BOUNDARY 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; THENCE RUN N.89°45'55"W., ALONG THE BOUNDARY OF SAID RIVERCHASE COMMONS AND ALONG THE NORTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD. FOR A DISTANCE OF 65.42 FEET TO A POINT ON THE BOUNDARY OF LOT 3 OF SAID RIVERCHASE COMMONS AND TIlE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.00014'05''E., FOR A DISTANCE OF 2.19 FEET; THENCE RUN N.45°14'05''E. FORA DISTANCE OF 20.22 FEET; THENCE RUN S.89°45'55"E. FOR A DISTANCE OF 9.21 FEET TO A POINT ON THE BOUNDARY OF SAID LOT 3, THE SAME BEING A POINT ON A CIRCll..AR CURVE, CONCA VB NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.69°5I'29"W. A DISTANCE OF 25.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY. ALONG THE BOUNDARY OF SAID LOT 3 AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET. THROUGH A CENTRAL ANGLE OF 70°05'34", SUB TENDED BY A CHORD OF 28.71 FEET AT A BEARING OF S.55° 11 ' 18"W., FOR A DISTANCE OF 30.58 FEET TO THE POINT OF BEGINNING; CONTAINING 1 80.0 SQUARE FEET, MORE OR LESS. TIllS PROPERTY IS SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY RIGHT-OF- WAY LINE OF IMMOKALEE ROAD, AS BEING N.89°45'55"W. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY ~J ' ,,\,.~ " , !;'\\'I~(I' -: . ~~ÇJt;M~ . -' " ~ . '... ....,.;.~. 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