Parcel 125
16 82
PROJECT: Collier Blvd. (Immokalee to GGB) Project No. 65061
PARCEL No.: 125
FOLIO No.: 36666600009
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this i z. day of cx.~B¿ Y7- , 2004, by and between
CHESTER E. THOMPSON AND CAROLYN T. THOMPSON, (hereinafter referred to as
"Owner"), whose mailing address is 4040 ¡th Ave. N.W., Naples, Florida 34119-1504,
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. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Property to Purchaser for the sum of $360,900 subject
to the apportionment and distribution of proceeds pursuant to paragraph 8 of
this Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant, 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.
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
16 82
Page 2
5. 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.
6. 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.
7. 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 6. This
provision shall survive Closing and is not deemed satisfied by conveyance of
title.
8. Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed recording fees, and any and all costs and/or fees
associated with securing and recording a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the Property; provided,
however, that any apportionment and distribution of the full compensation
amount in Paragraph 2 which may be required by any mortgagee, lien-holder
or other encumbrance-holder for the protection of its security interest or as
consideration for the execution of any release, subordination or satisfaction,
shall be the responsibility of the Owner, and shall be deducted on the Closing
Statement from the compensation payable to the Owner per Paragraph 2. In
accordance with the provisions of Section 201.01, Florida Statutes, concerning
payment of documentary stamp taxes by Purchaser, Owner shall further pay all
documentary stamp taxes required on the instrument(s) of transfer.
9. In the event that Purchaser no longer requires the Property for use as a
Stormwater and Retention Pond Site, and desires to make the Property
available for sale to the general public, Purchaser shall afford Owner the right
of first refusal on the purchase of the Property at the minimum bid amount
(purchase price) established for the Property by the Board of County
Commissioners. Said right of refusal shall be sent to Owner by Purchaser via
certified mail, return receipt requested, and shall terminate 30 days after
Owner's receipt thereof. Owner must exercise the right of refusal by sending
notice of its intention to purchase thE: Property at the minimum bid amount to
the Board of County Commissioners within 30 days of receipt of notice of first
right of refusal. This right of first refusal is personal to the Owner and is not
assignable, devisable or transferable in any manner.
10. This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and, with the exception of
the right of first refusal contained in Paragraph 9, shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
16 82
Purchase Agreement
Page 3
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.)
12. 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.
13. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREO~ the parties hereto have executed this Agreement on
this IL day of Dc:(7)f!Je1 <- , 20#.
P operty acquisition approved by BCC .pursuant to Agenda Item No. I~ 13 S, dated
· ) C¿ ¡ L éL /.:3 L' c, ((r I' d tJ ·JÑ III..' Alt. ~ l (~t¿-¿:ú
.
AS TO PURCHASER:
DATED:--1.=l (}- ~
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BOARD OF COUNTY COMMISSIONERS
COLLIE COUNTY, FLORIDA
~d
AS TO OWNER:
Caroiy . Thompson, as
Fact f r Chester E. Thom son, pursuant
to that certain Durable Limited Power of
Attorney, dated October 1, 2004.
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Name (Print or Type)
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16 82
Purchase Agreement
Page 4
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Approved as to form and
legal sufficiency:
4~~J~
Ellen T. Chadwell
Assistant County Attorney
TRACT
106
------
50.0' R.O.W.
EASEMENT
----
TRACT
107
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TRACT
108
GOLDEN GATE ESTATES
UNIT NO. 2
DESCRIPTION:
NOTES:
A portion of Tract 107 of Golden Gate Estates
Unit No.2, as recorded in Plat Book 4 at Pages
75 and 76 of the Public Records of Collier
County, Florida, being more particularly described
as follows:
1. This is not a survey.
BEGINNING at the Southeasterly corner of said
Tract 107; thence South 89'31 '28" West, along the
South line of said Tract 107, for a distance of
380.00 feet; thence North 08'59'12" East, for a
distance of 304.14 feet, to a point on the South
line of the 100 foot Road Easement of 7th
Avenue N.W.; thence North 00'28'32" West, for a
distance ot 50.00 teet, to a point on the northerly
line of said Tract 107; thence North 89'31'28"
East, along said northerly line of Tract 107, for a
distance of 330.00 feet, to the Northeast corner
at said Tract 107; thence South 00'28'32" East,
along the easterly line of said Tract 107, for a
distance of 350.00 feet to the POINT OF
BEGINNING.
2. Basis of bearing is the West line of County
Road 951 (C.R. 951) being N 00'28'32" W, Florida
State Plane Coordinates NAD 83/90, East Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon are per plat, unless
otherwise noted.
5. ROW represents Right-at-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
8. O.R. represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
Containing 2.824 acres, more or less.
ì
LINE
L84
LINE TABLE
LENGTH
50.00
BEARING
NOO'28'32"W
'1-/6-03
(DATE SIGNED)
N
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
REVISED PARCEL - 09 16 03
PROJECT NO.: 65061 PARCEL NO. : 125
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;ep 16, 2003 - 09:42:17 MLAMUREIX:\SUR\N6015\951sd100.dwg
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH & DESCRIPTION
09/2003
PROJECT NO.:
N6015-005-000
SHEET NUMBER:
25 OF XXX
FILE NO.:
2L-812