Parcel 113
COLLIER COUNTY TRANSPORTATION DIVISION
DEP ARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
MEMORANDUM
DATE:
"
August" 2004
TO:
Sue Filson, Executive Manager - BCC
FROM:
Paul Young, Right-of-Way Property Acquisition Specialist
Phone number: 239-213-5884
RE:
Immokalee Road - project 66042, parcel 113 (a portion of 27185002508)
Attached please find the original Purchase Agreement for signature by the Chainnan on
behalf of the Board of County Commissioners.
This property is part of the acquisition approved by the BCC pursuant to Resolution No.
2004-35, Agenda item lOD dated January 27,2004.
Please sign this Agreement on behalf of the Purchaser (BCC) and forward to the Board
Minutes and Records for attestation by the Clerk.
Thank you!
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PROJECT:
PARCEL No:
FOLIO No:
66042
113
a portion of 271 85002508
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereiRa.fter referred to as the "Agreement") is
made and entered into this {p J1.. day of ~ ~.s ..,. , 2004, by and between
AW NAPlES,LLC, a Florida limited liability company whose mailing address is 7458 N.
Harlem Avenue, Chicago, II 60631-4404 , (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"Pu rchaser");
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. The above recitals are true and correct and are made a part of this Agreement.
2. Owner shall convey the Property to Purchaser for the sum of $1,500.00
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 $1,500.00 to Action Title Services 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.
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 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.
Purchase Agreement
Page 2
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. 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.
7. 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.
8. 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 7. This
provision shall survive Closing and is not deemed satisfied by conveyance of
title.
9. 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. In accordance with Statutory exemptions
prohibiting payment of documentary stamp taxes by Purchaser, Owner shall
pay all documentary stamp taxes required on the instrument(s) of transfer.
10. 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.
11. 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
Purchase Agreement
Page 3
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.)
12. 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 lo ~ day of ~ ' 2004.
Property acquisition approved by BCC pursuant to Resolution No. 2004-35, Agenda
item 1 OD dated January 27, 2004.
AS TO PURCHASER:
DATED:~ L, /6 ~
ATTEST:
DWIGHT ~~\~~~~ .,Ç,lerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,..,..,
AS TO OWNER:
DATED:
AW NAPLES, LLC, a Florida limited
liability C~y
By It
Sig~ture
w~
Døu6- CA-It~ '1'
Name (Print or Type)
lNtU,(~ ~t}lV
Printed Name
~Rb---
itness (Signature)
Yr'-,Û/" iZ íh¥LJ
Name (Print or Type)
M~AA<è<t-
Title
Approved as to form and
legal sufficiency:
£~
Ellen 1. Chadwell
Assistant County Attorney
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HM
HOLE MONTES
ENGINEERS, PlANNERS, SURVEYORS
950 Encore Way. Naples, Florida 34110· Phone: 239.254,2000' Fax: 239.254,2099
EXHIBIT lIft II
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HM PROJECT #2000067
7/1 7/3
REF. DWG. #B-3706
PARCEL NO. 113
LEGAL DESCRIPTION
A PORTION OF TRACT I OF COLLIER'S RESERVE ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS OF COLLIER COUNTy, FLORIDA,
BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
BEGIN AT THE MOST SOUTHEASTERLY CORNER OF TRACT I OF COLLIER'S RESERVE ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA; THENCE RUN N,05°37'21"W., ALONG THE EASTERLY BOUNDARY OF
SAID TRACT I, FOR A DISTANCE OF 14.22 FEET; THENCE RUN S.3001O'43"W. FOR A DISTANCE OF 16.33
FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID TRACT I; THENCE RUN S.89°48'51"E" ALONG
THE SOUTHERLY BOUNDARY OF SAID TRACT I, FOR A DISTANCE OF 9.60 FEET TO THE POINT OF
BEGINNING; CONTAINING 67.9 SQUARE FEET, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE SOUTHERLY BOUNDARY OF TRACT I OF COLLIER'S RESERVE ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGES 59 THROUGH 87 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, AS BEING S,89°48'51"E.
HOLE MONTES, INe.
CERTIFICATION Q,fLAUTHQRIZA TION LB #1772
BY
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rnOMASM.~ . HY ".
P ,S.M. #5628
STATE OF FLORIDA
W;\2000\2000067\LEGAl..DESB3706.doc
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