Loading...
Hains - Land Trust 16A5 MEMORANDUM Date: June 25, 2004 To: Cindy M. Erb Sr. Property Acquisition Specialist From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Agreement for Sale and Purchase with: Timothy G. Hains, as Trustee of the 10-48·25 Land Trust Cheryl R. Kraus, as Trustee of the White Sands Florida Land Trust Christopher L. Allen and Carloyn Sue Allen Livingston Industrial Partners, LLC Enclosed please find one (1) copy of each document as referenced above (Agenda Item #16A5), as approved by the Board of County Commissioners on Tuesday, June 22, 2004. If you should have any questions, please call me at 774-8411. Thank you. Enclosure CONSERVATION COLLIER Tax Identification Numbers: 00144440005 & 00145480006 AGREEMENT FOR SALE AND PURCHASE 16A5 THIS AGREEMENT is made and entered into by and between Timothy G. Hains, as Trustee of the 10-48·25 Land Trust, whose address is c/o Quarles & Brady, 1395 Panther Lane - Suite 300, Naples, FL 34109, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a· political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". 1.02 Both parties' obligations under this Agreement are contingent on the prior or simultaneous closing of Purchaser's purchase of the following tracts of real property (collectively the "Adjacent Parcels") that are adjacent to the Property (as described by the following Tax Identification Numbers): (Livingston) 00144640009, 001456810009, 00145680204, (Allen) 00144200009, 00144800001, 00143120009, 00145000004, 00144880005, 00144840003, & (Kraus Tr.) 00144920004. Purchaser warrants to and covenants with Seller that Purchaser shall diligently pursue the purchase of the Adjacent Parcels, and shall timely fulfill each of Purchaser's obligations under the respective purchase contracts for the Adjacent Parcels. 1.03 If Purchaser, despite Purchaser's diligent good faith efforts, is unable to successfully acquire the Adjacent Parcels within Ninety (90) days of the Board of County Commissioners' execution of this Agreement, this Agreement will terminate and the respective parties hereto will have no further liability or obligation to each other. Termination pursuant to this section will not entitle Seller to liquidated damages under Section 9.02 of this Agreement; provided that a default by Purchaser under any contract for the .purchase of the Adjacent Parcels shall be a default under this Agreement. 1.04 At or prior to Closing, Seller shall cancel any and all application submittals to any governmental entity for zoning changes, development approvals, or permitting, and shall satisfy in full any Seller commitments, fees, and/or other obligations related to or encumbering the Property. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be One Million Six Hundred Thousand Eight Hundred Fifty Dollars ($1,600,850), (U.S. Currency) payable at time of closing. 1 CONSERVATION COLLIER Tax Identification Numbers: 00144440005 & 00145480006 1 6 f'¡ l:' !-'\ ¡ -' III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held within Ninety (90) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey marketable title of the Property to Purchaser free of any liens, reservations, or encumbrances. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Trustee's Deed (the "Deed") in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the Commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. All costs and fees associated with the Commitment and Purchaser's acquisition and/or development loan, if any, shall be paid by Purchaser. 2 CONSERVATION COLLIER Tax Identification Numbers: 00144440005 & 00145480006 16A5 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the tax amount for 2003 and paid by Seller. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within Fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL T A Commitment for an Owner's Title Insurance Policy (AL TA Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon (the "Commitment"). Purchaser shall have Forty-five (45) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing (the "Title Objections"). 4.012 Upon notification of Purchaser's Title Objections, Seller shall have thirty (30) days to remedy, at its sole expense and using diligent, good faith efforts, any such Title Objections as Seller decides, in Seller's sole discretion, to cure. In the event Seller is unable or unwilling to cure said Title Objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after receipt of Seller's notice thereof, may accept title as it then is, waiving such Title Objections, or Purchaser may terminate the Agreement. Seller's failure to respond to any request by Purchaser to cure any Title Objections shall be deemed an election by Seller to not cure any such Title Objections. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibits "A," if any. If the survey obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the Property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access, the Purchaser shall, within the Forty-five (45) day title objection period set forth in Paragraph 4.011 of this Agreement, notify the Seller in writing of the encroachment, projection or lack of legal access, and Seller shall treat it/them as Title Objections. Purchaser must raise any objections arising from matters revealed by Purchaser's survey within the 45 day title objection period set forth in Paragraph 4.011 of this Agreement or such objections are waived. Purchaser agrees and acknowledges that the standard survey exceptions contained in the Commitment shall be included in the owner's policy to be issued to Purchaser unless Purchaser obtains a current survey of the Property that meets Florida's minimum technical standards for surveys and is certified to Purchaser, Purchaser's lender, if any, Title Agent, and the title insurance underwriter. V. INSPECTION PERIOD 5.01 Purchaser shall have Sixty (60) days from the date of this Agreement ("I nspection Period") to determine through appropriate investigation that the Property can be utilized for its intended purpose as county conservation lands, and is in compliance with all applicable State and Federal environmental laws and free from any pollution or contamination. Seller, to the best of Seller's knowledge, has delivered to Purchaser copies of all previously obtained due diligence documents with respect to the Property, including without limitation all surveys, environmental assessments, soil tests, endangered species assessments, and related tests, summaries, or documents in the 3 CONSERVATION COLLIER Tax Identification Numbers: 00144440005 & 00145480006 16A5 actual possession of Seller. Purchaser acknowledges receipt of such due diligence documents from Seller. 5.02 Purchaser may terminate this Agreement by written notice to Seller before expiration of the Inspection Period in Purchaser's sole discretion and without reason. If Purchaser fails to properly terminate this Agreement before expiration of the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all due diligence and inspection documents obtained by Purchaser with respect to the Property during the Inspection Period (the "Diligence Documents"), including without limitation all engineering reports and environmental and soil testing results. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting non-destructive site analyses, and reasonably necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. If Purchaser terminates this Agreement in accordance with its terms, Purchaser shall pay in full the cost of all inspections, reports, surveys, and tests of any kind resulting from Purchaser's inspection so that no person, firm, or entity shall have the right to file a lien on the Property. Purchaser or Purchaser's agents shall not conduct any inspection so as to cause damage to the Property, and Purchaser shall restore the Property to its pre- inspection condition not later than ten (10) days after any such damage occurs. This provision shall survive termination of this Agreement. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 DELETED. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination and Purchaser fails to close the transaction contemplated hereby, or in the event Purchaser fails to perform any of the other terms, covenants and conditions of this Agreement following ten (10) days notice and opportunity to cure, then Seller, as its sole remedy, shall have the right to cancel this Agreement for such default, in which case Purchaser shall pay to Seller the sum of Fifteen Thousand Dollars ($15,000) as agreed-upon liquidated damages. In the event of a suit by Seller to enforce its rights under this Paragraph 9.02, the prevailing party or parties shall be entitled to recover reasonable paralegal and attorneys' fees and other costs incurred in that action or proceeding, including those related to appeals. The terms of this Paragraph 9.02 shall survive termination of this Agreement. 4 CONSERVATION COLLIER Tax Identification Numbers: 00144440005 & 00145480006 16A5 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that Seller has no knowledge of: any incinerators, septic tanks or cesspools on the Property; any waste being discharged from the Property into any disposal system or receptacle other than a public sanitary sewer system; any pollutants are or have been discharged from the Property, directly or indirectly into any body of water; any prior or present use of the Property for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, nor of any proceeding or inquiry by any authority with respect thereto; any ground water contamination on the Property or potential of ground water contamination from neighboring properties; any storage tanks for gasoline 5 CONSERVATION COLLIER Tax Identification Numbers: 00144440005 & 00145480006 16P5 or any other substances presently or previously located on or under the Property; or any prior or present use of the Property as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 To the best of Seller's knowledge, there are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 DELETED. 10.023 DELETED. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator 6 CONSERVATION COLLIER Tax Identification Numbers: 00144440005 & 00145480006 Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 16A5 With a copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8400 Fax number: 239-774-0225 If to Seller: Attn: Timothy G. Hains, Esq. Quarles & Brady 1395 Panther Lane - Suite 300 Naples, FL 34109 Telephone number: 239-262-5959 Fax number: 239-434-4999 With a Copy To: John M. Passidomo Cheffy Passidomo Wilson & Johnson, LLP 821 Fifth Avenue South Naples, FL 34102 Telephone number: 239-261-9300 Fax No.: (239) 261-0884 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Purchaser and Seller warrant and represent to the other that each party has not dealt with any broker. Each party shall pay any brokerage fees or commissions due and payable to any agent or broker retained by such party relative to the purchase and sale of the Property. These warranties and representations shall survive Closing. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 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 trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or 7 _..._,'_.....w....,__"_~_~_____~,~.______~.______,."..._".,,____'_",,,...,.,_,.._._ CONSERVATION COLLIER Tax Identification Numbers: 00144440005 & 00145480006 16A5 intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller 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 Property held in such capacity is conveyed to Collier County. (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.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. 13.11 In addition to the acts recited in this Agreement to be performed by Seller and Purchaser, Seller and Purchaser agree to perform or cause to be performed any and all such further acts as may be reasonably necessary to consummate the transaction contemplated hereby. 13.12 Purchaser acknowledges that Seller may be selling such the Property as part of a like-kind exchange under Section 1031 of the Internal Revenue Code and the regulation promulgated thereunder. Purchaser agrees to cooperate with Seller in completing such exchange and in that regard, Seller may assign its rights and obligations under this Agreement to Seller's intermediary in order to complete the exchange, provided that such assignment will not release Seller from its obligations under the Agreement. Such cooperation by Purchaser will not impose any additional obligations or expenses on Purchaser which are not reimbursed by Seller. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. 8 -_.'-_"'-"'~"""""._",.-.,.._-,-"._.~"-,._".".",_.",.,-,-~".~- CONSERVATION COLLIER Tax Identification Numbers: 00144440005 & 00145480006 16A5 IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: ¡;, ." )) -.¿;JI AS TO PURCHASER: DATED: /p. ~5.oLf ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA "I"t·"t, ~4Ø~/!~~,!r . .'~ ~~~. ..';.,*'f ~~~~.~\7.¡.;~~.:;:¡ ""Deputy Clerk - CJ..:· ...... \"... "1'1- ., Atttß~ a4"jØ "cfl4 ,..,.'. .1~·OIal~ ..' . C' ~ ". ., .. 'II,) ...... '. . 11. St.!?Y- BY: 1fJ~ d4-Øc. DONNA FIALA, CHAIRMAN Item # .Lh.A.S... Agenda b· Z Z '0 t.) Date -- 9 CONSERVATION COLLIER Tax Identification Numbers: 00144440005 & 00145480006 16A5 AS TO SELLER: DATED: Co I~ /e>cf (Signature) Timothy G. Hains, as Trustee of the 10-48-25 Land Trust ~~ (Printed Name) BY:~ /h.~ L~~ (Signature) ( , ' ~. l ~ \ \ \j\\()~\::) '- t r ~t..... ~ I( ,\ (Printed Name) Thomas M. Taylor as Attorney in Fact for Timothy G. Hains as Trustee of the 10-48-25 Land Trust ~- (Signature) -z;:;- W,U~ ~,,~ (Printed Name) ) ~ .Ç)~ qa;D BY: ~Ä-~À' (Signature) 7}1ô.--¡". ~ A. ?j2.Þ,--. (Printed Name) Christopher L. Allen as Attorney in Fact for Timothy G. Hains as Trustee of the 10-48-25 Land Trust Approved as to form and legal sufficiency: ~vc¿~ ;' Ellen T. Chadwell Assistant County Attorney 10 Memorandum TO: Minutes & Records Management FROM: Cindy Erb ~. ~ Sr. Property Acquisition Specialist ~lÝ Real Estate Services v DATE: September 21 , 2004 RE: Conservation Collier Land Acquisition Program - American Business Park - Hains Tr. Tax Identification Numbers: 00144440005 & 00145480006 Please find attached one (1) oriainal recorded Warranty Deed for the above referenced project. The Board of County Commissioner of Collier County, Florida had approved the Agreement for Sale and Purchase pursuant to Agenda Item 16 A 5, dated June 22, 2004. Please contact me if you have any questions or comments at 8917. Than k you. attachments as stated cc: Property Appraiser's Office w/attachment Tax Collector's Office w/attachment Inventory w/attachment Office of the Real Estate Services ~ Prep~r~d b1:~" '~\ft Ellen T'fCht~ tou~'J A\\OffttJ Office 0 IN ,." 3301 East Tatli..i '1 Maples, FloridA 3411 (941) 174-8400 3472081 OR: 3640 PG: 1638 RECORDED in OFFICIAL RECORDS of COLLIBR COUNTY, FL 09/10/2004 at 02:33PM DWIGHT B. BROCK, CLBRK CONS 1600850,00 RBC FBB 35.50 DOC-.70 11206.30 COPIBS 4.00 ff"' , if) 'y CONSERVATION COLLIER Tax Identification Numbers: 00144440005 & 00145480006 Retn: RBAL BSTATB SBRVICBS INTBROFFICB WARRANTY DEED c>h ~ THIS WARRANTY DEED is made this Î,,'l day of - , 2004, by TIMOTHY G. HAINS AS TRUSTEE OF THE 10-48-25 LAND UST, whose address is c/o Quarles & Brady, 1395 Panther Lane, Suite 300, Naples, FL 34109- 7874, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "G rantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except for real estate taxes for the current year and thereafter and those items identified in Exhibit "B, " attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. ¿ TIMOTHY G. ÄINS, Trustee of the 10-48-25 Land Trust Name: Suzanne Howard (Print or Type) Name: Caryn D. Hami 1 ton (Print or Type) ~~~ C:V~~HCE ACCEPTED BY THE COLLIER COUN~: ~~::g¡IOIfERS. PURSUANT TO AGENDA · DATED: ~ ¡-rEM NO. /(,) A<~) OR: 3640 PG: 1639 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Warranty Deed was acknowledged before me this 25th day of Auqust- , 2004, by Timothy G. Hains, Trustee of the 10-48-25 Land Trust who is personally known to me or who has produced as identification. (Affix notarial seal) ~ ature of Notary) zanne Howarò (Print Name of Notary) Commission # My Commission Expires: ed as to form & egal suff1c1enc Assistant County Attorney Ellen T. Chadwell OR: 3640 PG: 1640 EXHIBIT" A" TAX IDENTIFICATION NUMBER: 00144440005 LEGAL DESCRIPTION: THE SOUTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 1 0, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING EAST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY; LESS AND EXCEPTING THE SOUTH 300 FEET THEREOF, AND LESS AND EXCEPTING THE NORTH 500 FEET THEREOF. AND TAX IDENTIFICATION NUMBER: 00145480006 LEGAL DESCRIPTION: THE SOUTH 300 FEET OF THE SOUTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION 1 0, TOWNSHIP 48 SOUTH, RANGE 25 EAST, LYING EAST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 130 FEET THEREOF FOR ROAD RIGHT-OF-WAY. *** OR: 3640 PG: 1641 *** EXHIBIT "B" 1. Resolution No. 86-190 recorded in Official Records Book 1222, Page 995, in the Public Records of Collier County, Florida. 2. Resolution No. 89-157 recorded in Official Records Book 1454, Page 1168, in the Public Records of Collier County, Florida. 3. Easement contained in instrument recorded March 3, 1972, in Official Records Book 438, Page 960, in the Public Records of Collier County, Florida.