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Parcel 114 COLLIER COUNTY TRANSPORTATION DIVISION DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT RIGHT-OF-W A Y ACQUISITION OFFICE MEMORANDUM DATE: August 30, 2004 RECEIVED AUG 3 1 2004 TO: Sue Filson, Executive Manager - BCC Board of Count.y Comllfss 1one,.S' FROM: Paul Young, Right-of-Way Property Acquisition Specialist Phone number: 239-213-5884 RE: Immokalee Road - project 66042, parcel 114 (a portion of 29331190686) 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! c tJ *"- ( Tì'f'1¡ ê c " it ft t \' PROJECT: PARCEL No: FOLIO No: 66042 1'14 a portion of 29331190686 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this -PJ:b day of A U ~ ' 2004, by and between CREEKSIDE WEST, INC., a Florida corporation hose 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 $4,800.00 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 $4,800.00 to American Acquisition 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. ;\'-¡-;:~:1:;:-f:i:;-::; ¡:-r.--ëÓJ--' ,'ìLL t,t;MLFR wjQ.à::l~~ 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. It is mutually agreed that utilities will be installed within the right of way along the Property, and no additional utility easement will be required along the Property to be in compliance with PUD requirements for Creekside Commerce Park. 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 ~.-..-.~,-- J b/:,~,:1_:;!:;':~· ~~~·ÓlTì~·/;':':'.~;-- --~; I ðLf NUMBER "oJ I .~....L_,",_ d-11 -,,/ ~'~-~J 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 WITNES WHEREOF, the parties hereto have executed this Agreement on this ~ day of , 2004. Property acquisition approved by BCC pursuant to Resolution No. 2004-35, Agenda item 10 D dated January 27, 2004. AS TO PURCHASER: DATED:-~/l4~,~ fI;)':' "'" ,.." " ~ ~,·\f::·\ 4 . ... "~ . .... It!~'z-.. 'I ¡ ATT-~T"""., ". j~ I . ~. . ~'::~::~''~."",?"\ p. t:");, 'I DYV~~T<·E,..~~ROQK, ~lk c.~ . "",T,',, '"' '. ~ . ",," , ~l~. ~~>,'.~' " "\')¡!J) ;: ! " IJc ø/::·....J.r?êp~ . Jèrk At"~1~~~ ha1n1a11's signature 0IÏ1,. BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FLORIDA ~d& iala, Chairman AS TO OWNER: DATED:~ y!J(1ÁJ m Witness (Signature) CREEKSIDE WEST, INC., a Florida corporation B{J4~~~ Signature GAIL W. ANDERSON Name (Print or Type) J)AU¡f) jC;. ÔV¡¡?'DE¡(.' Printed Name ~~h~P~~ . ess (Signature) SANDRA P. THOMAS Name (Print or Type) VICE l;~¿S(ðrx'{ Title Approved as to form and legal sufficiency: Lv~ Ellen T. Chadwell Assistant County Attorney i - '''rXAP¡:() ¡~)'-';~~~~-T;,~J;-c'Ò---- ¡ Li D~~fL, I -=....-.'._""'...."""""".......~............~~ ·~ HM HOLE MONTES ENGINEERS· PLANNERS· SURVEYORS 950 Encore Way· Naples, Florida 34110' Phone: 239.254.2000· Fax: 239.254.2099 ~ . EXHIBIT A I ~ of L--' HM PROJECT #2000067 7/17/32 REF. DWG. #B-3708 PARCEL NO. 114 LEGAL DESCRIPTION A PORTION OF LOT 1 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, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGIN AT THE MOST NORTHWESTERLY CORNER OF LOT 1 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; THENCE RUN S.89°48'51"E., ALONG THE NORTHERL Y BOUNDARY OF SAID LOT 1, FOR A DISTANCE OF 21.62 FEET; THENCE RUN S.Oool1 '09"W. FOR A DISTANCE OF 5.00 FEET; THENCE RUN N.89°48'51"W. FOR A DISTANCE OF 21.62 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 1; THENCE RUN N.00ol1 '09"E., ALONG THE WESTERLY BOUNDARY OF SAID LOT 1, FOR A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; CONTAINING 108.1 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTHERLY BOUNDARY OF LOT 1 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, AS BEING S.89°48'51"E. HOLE MONTES, INC. , CERTIFICATION OF AUTHORIZATION LB #1772 BY ~..'" fit. " ~7.1:'/ P.S.M. #5628 . ., tHOMAs M. MURPHY . f/ STATE OF FLORIDA FOLIO NO.'~q1j3\ \<10~~& : ..' ,",,:"i-';~':):;'-¡ f__~lJ2~f1'~ J W:I2OOO\2OOOO67\LEGALDI!SB3708.doc Naples' Fort Myers· Venice· Englewood Q j6 ii > -<8(]J~ 5(]Jt;l~ ~ .. o 0 -¡¡ > > ;0 ¡.;j ¡.;j ~ an -f" -f" p-l à à ¡¡;~ u u ~. -0 :T >- 0 C "'::J .-. :T!"z ~ o._.g 1.0 Na~_UI 001.0:° if.-· T ::J ~N?~ Zñ~ 0 ~a.1 Cllii1 ~·~t:E tj 2. g o~ I~¡¡:¡¡:!I ~ ¡I~II~ ~ iilll ~ ~ I' EXHIBIT f1 ~ Lof -z- \J o ID if. I I I I I I CREEKSIDE TRAIL I -~---------1 I I I I I I \J Q z -Ir ~fT1 IDe;'") ~fT1 zZ ~a G) TRACT R CREEKSIDE COMMERCE PARK WEST UNIT ONE P.B. 29, PGS 57-58 --~'--~- L2 z U) CO CO <0 <0 . . ~ ~ U1 U1 -" -" II II :E fT1 N N -" -" en en ~ N. L1 .. n ~ M M þ;i U} >---< t::::J trj (/) '\.:J8 »" f'T1 bJrs:; r-i is:: fT1(') (\.)M c.o~ G):J: ~ n » '\.:JM ........ r-i 0'\.:J cO U}Sd fT1» ~~ (/)(') c1~ (')(') COU} ::00 --'3 -C:C I ~-c e z 0> >---< >-3 ZZ 0 -< Z M o :c -0 ~ q¡ ~ m~ ~ ~ ß I c;) ",z ~ (Hz '4(') ~z CI 0 .!. 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