Parcel 108
COLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT -OF- WAY ACQUISITION OFFICE
MEMORANDUM
DATE:
August 25, 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 108 (a portion of 00168040601)
Attached please find the original Purchase Agreement for signature by the Chairman 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, dated January 27,2004, the Agenda Item Number was lO-D. The Account Number is
331 163650.
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
108
a portion of 00168040601
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter re erred to as the "Agreement") is
made and entered into this {LJ .J-h day of , 2004, by and between
OCEAN BOULEVARD PARTNERSHIP II, a Flo da general partnership whose mailing
address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105-3227,
(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 "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 . 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 $4,200.00
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 $4,200.00 to Midwest 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.
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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, to the best of its knowledge, 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.
8. Paragraph 8 is deleted in its entirety.
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.
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
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.)
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Purchase Agreement
Page 3
12. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHERE~F, the parties hereto have executed this Agreement on
this.H..H1 day of AufOú ( ,2004.
Property acquisition approved by BCC pursuant to Resolution No. 2004-35, Agenda
item 10 D dated January 27, 2004.
AS TO PURCHASER:
DATED: 8/17 / WJ1
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
OCEAN BOULEVARD PARTNERSHIP II,
a Florida general partnership
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Witness signature
GAIL W. ANDERSON
Print name
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itness signature
SANDRA P. THOMAS
Print name
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Lamar Gable, as Partner of Ocean Boulevard
Partnership II
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WitnÕÃTL s~.n~~'èRSON
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SANDRA P. THOMAS
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Citrust, a Louisiana partnership, as a Partner of
Ocean Boulevard part~rship II
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hristoph rD. Vii ere, as a Partner of Citrust
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Purchase Agreement
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Witness signatu.r:fLSON
GAIL \fiJ. ANDEK
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SANDRA P. THOMAS
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Witness signature
GAIL W. ANDERSON
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'tness signáture
SANDRA P. THOMAS
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GAIL W. ANDERSON
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~ANOHA P. THOMAS
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Witness signature
GAIL W. ANDERSON
Print name
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Wi ness signature
3ANDRA P THOMAS
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Page 4
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ãthilde V. Currencè;'f/kía Mathilde B. Villere,
as a Partner of Citrust
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Lamar G. Villere, as a Partner of Citrust
GIFT PARTNERSHIP, a Florida General
Partnership,
as a Pa ner of Ocean Boulevard Partnership II
atherine G. Sproul,
Partnership
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Purchase Agreement
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Witness signature
GAIL W. ANDERSON
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CAlL Ift;. I'.NDERSQN
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Witness signature
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~ANURA-P. THUMA
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Page 5
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BARRON G. COLLIER IV IRREVOCABLE
TRUST,
as a Partner of Ocean Boulevard Partnership II
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liet C. Sproul, as Tr stee
ALEXANDRA EDEN COLLIER IRREVOCABLE
TRUST, as a Partner of Ocean Boulevard
Partnership II
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uliet C. Sproul, as rustee
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Page 6
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Witn~ÂlêÏW1~~RSON
LARA CHRISTINA COLLIER IRREVOCABLE
TRUST, as a Partner of Ocean Boulevard
Partnership II
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CHRISTOPHER CHARLES COLLI ER
IRREVOCABLE TRUST, as a Partner of Ocean
Boulevard Partnership II
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L W. ANDERSON
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SANDRA P THOMAS
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Approved as to form and
Legal sufficiency:
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Ellen T. Chadwell
Assistant County Attorney
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HOLE MONTES
ENGiNEERS, PLANNERS ' SURVEYORS
950 Encore Way· Naples. Florida 34110. Phone: 239.254.2000' Fax: 239.254.2099
LEGAL DESCRIPTION
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EXHIBIT A
Page / cI 2-
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HM PROJECT #2000067
7/17/3
REF. DWG. #B-3668
PARCEL NO. 108
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSffiP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
BEGIN AT THE MOST NORTHWESTERLY CORNER OF CREEKSIDE COMMERCE PARK WEST _ UNIT ONE
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 29 AT PAGES 57 AND 58 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON THE SOUTHERLY RIGHT -OF-
WAY LINE OF IMMOKALEE ROAD; THENCE RUN S.02°20'52"E., ALONG THE WESTERLY BOUNDARY OF
SAID CREEKSIDE COMMERCE PARK WEST - UNIT ONE, FOR A DISTANCE OF 5.01 FEET; THENCE RUN
N.89°45'55"W. FOR A DISTANCE OF 35.04 FEET; THENCE RUN N.00014'05"E. FOR A DISTANCE OF 5.00 FEET
TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF IMMOKALEE ROAD; THENCE RUN
S.89°45 '55"E., ALONG THE SOUTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF
34.81 FEET TO THE POINT OF BEGINNING; CONTAINING 174.6 SQUARE FEET, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE SOUTHERLY 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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STATE OF FLORIDA
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