Parcel 117
COLLIER COUNTY TRANSPORTATION DIVISION
RIGHT -OF- WAY ACQUISITION OFFICE
RECEIVED
AUG 3 1 2004
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
MEMORANDUM
Board of County Comll] 55 ton
ers
DATE:
August 30, 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 117 (a portion of 29331193243)
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
117
a portion of 29331193243
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this l:U:h.. day of .A..uð Cot \~ . -, 2004, by and between
CREEKSIDE WEST, INC., a Florida corpor~ 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 $280,700.00
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 $280,700.00 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. 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
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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 ~HEREOF, the parties hereto have executed this Agreement on
this J:1t~ay of, C') ~ , 2004.
Property acquisition approved by BCC pursuant to Resolution No. 2004-35, Agenda
item 10 D dated January 27,2004,
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Attest as ·to~~a1naan S
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BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
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AS TO OWNER:
DATED:1iJ.Q~
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CREEKSIDE WEST, INC.,
a Florida corporation
Witness (Signature)
B/;]~~4_
Signature
GAIL W. ANDERSON
Name (Print or Type)
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Printed Name
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, ness (Signature)
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Title
SANf1RA P THOMP.S
Name (Print or Type)
Approved as to form and
legal sufficiency:
&v~
........Ellen T. 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
LEGAL DESCRIPTION
EXHIBIT r f1 \/
Page \d~
HM PROJECT #2000067
7/17/3
REF. DWG. #B-3707
PARCEL NO. 112
A PORTION OF LOT 2 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 COLLŒR
COUNTY, fl..ORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
BEGIN AT THE MOST NORTHEASTERLY CORNER OF LOT 2 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 COLLŒR COUNTY, fl..ORIDA; THENCE RUN S"ooolI'09"W., ALONG THE
EASTERL Y BOUNDARY OF SAID LOT 2, FOR A DISTANCE OF 5.00 J:."EET; THENCE RUN N.89°48'51"W. FOR A
DISTANCE OF 21.89 FEET; THENCE RUN N,OOOI1 '09"E. FOR A DISTANCE OF 5.00 FEET TO A POINT ON THE
NORTHERL Y BOUNDARY OF SAID LOT 2; THENCE RUN S.89°48'51"E., ALONG THE NORTHERLY
BOUNDARY OF SAID LOT 2; FOR A DISTANCE OF 21.89 FEET TO THE POINT OF BEGINNING; CONTAINING
109.4 SQUARE FEET, MORE OR LESS"
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERV ATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE NORTHERLY BOUNDARY OF LOT 2 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 COLLŒR COUNTY, FLORIDA, AS BEING S.89048'51"E.
HOLE MONTES, INC.
CERTIFICATION OF AUTHORIZATION LB #1772
BY "-~. #tflA~ P.S"M"#5628
THOMAS 11" MURP;f{-'7" STATE OF fl..ORIDA
W:\2000\Z0000611LEGALDI!SB3707,doc
FOLIO NO.ill~~\ \Q0709
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