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Parcel 119, 719, 719A PROJECT: 65061 PARCEL No(s): 119,719, 719A FOLIO No.: 36666840005 PURCHASE AGREEMENT THIS PURCHASE AND EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this \;:)'-\"~ day of í~ ~)~:, \ , 2005, b~ and between THOMAS FONTANA, a single man, whose mailing address is 3975 5t Avenue N.W., Naples, FL 34119-1501 (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 Parcel 119 and two temporary easements, Parcels 719 and 719A, 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 $200,000.00 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. 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 Purchase Agreement Page 2 County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 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 and Easement 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. 9. 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. 10. 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.) Purchase Agreement Page 3 11. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this 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. 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 \)~ day of f~\)~\ \ ,2005. AS TO PURCHASER: DATED: L\ - \'d--D S- ATTEST: DWIGt-rr"E;'BROÇK, Clerk \ . ,~,!:,\\r_J~. Bø,., 11,1, ~",;.. " . .t,i/'" ~ ...~)".....,.. ....~'I.¡jt'" ;'-"..- ~.:¡ ." +.. tÆ~\ ....... \, ~r D.C. erk. . ,.. . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W. ~ Fred W. Coyle, Chairman --------7 ~/ . /L//K THOMAS F ¡¿~v'/¡..j H e:~ DR Ic.-I(:S Name (Print or Type) ¡)ihP (¿~ Witness (Signature) ¡kAAIi: Ar<Mvf«()/V(, Name (Print or Type) Approved as to form and legal sufficiency: t~r;L ~ VËllen T. Chadwell Assistant County Attorney ----------Ir------------------ -------TRACT. I GOLDEN GATE ESTATES ~ I UNIT NO. 2 ~ \ P.B. 4, PAGE 75 1 I I I t I I I I I I I I 1 I I I 1 I t I I I I I I I 1 I _____1- 5TH AVE. N,W, TRACT CEV ---- ----- -- ----- LINE L65 L85 LBB lB7 LINE TABLE LENGTH 60.00 10.00 75.00 50.00 LEGAL DESCRIPTION A portion of the East 1/2 of Tract 110 together with a portion of the South 75 teet of Tract 109 Golden Gate Estates Unit No.2. Plat Book 4. Page 75-76, of the Public Records of Collier County. Florida, being more particularly described as follows: Beginning at Southeast. corner of Tract 110; thence 5.89'31 '2B"W. along the South tine of Tract 110, a distance of 60.00 feet; thence N.00·ZB'32"W.. a distance of 330.00 feet to Its intersection with the North Hne of Tract 110¡ thence N.B9'31'2B"E. along said North line, a distance of 1 0.00 feet; thence N.00'2B'32"W., a distance of 75.00 feet to Its intersection with the North line of the South 75 feet of Tract 1 09; thence N.B9·31 '28"E. along said North line, a distance of 50.00 teet to its intersection with the Easterly line of Tract 109; thence S.00'28'32"E. along the East line of Tract 1 09 and Tract 110, a distance of 405.00 feet to the POINT OF BEGINNING. Containing 23,550.00 square feet or 0.5406 acres, more or less. 'i. DAVID. J.. .. hi . ',¡ ...~...: FLORIDA .Ul Nb. $.'! . q.~/?;tfþ:'j"·7: 'i' (DATE SIGNED) . ...~:. ...·'··r.-·.~.·,.\·,{. -.~.. NOT VALID WITHOÜT, ,Ì'lE SIGNATURE AND THE ORGINAL RAISED SEÄL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEL NO. : 119 WI."III.'-··~- I'IImwf . ~ . ~ ' ~ ' I..I/IdIOIpeA/'lNlCil . ~ CcndIn/I ~. tic. ,.,.. . 1"crI"'" . ..... . /hcIriWI' r. ._'-*". .....AriåJØØ.,.". ....,.I'a.r 1IHfUlIf·.... .......- SIP 17, 2003 - 09:31:110 MWoIUREIX:\SUR\N80111\9I1hd100.dwg BEARING S89'31'2B"W NB9'31'28"E NOO'28'32"W N89'31'28"E NOTES: ~ o ci \¡ \ \ ~ o ci Þo o ..... ......., ~ ~ I I .- I If) 0'1 ..... If) 0'1 U I I Lj \ \ .B. \ \ 1. This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'26'32" W, Florida stote Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plot. unless otherwise noted. 5. ROW represents Right-ot-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. EXHIBIT ..A- page....L- 01"':'- N , 1 200 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH de DESCRIPTION 09/2003 PROJECT 110.: N6015-005-000 SHEET HUMBER: 119 OF XXX FILE NO.1 2L-812 TRACT ----------------------------- _____________________r-- . c§) \ I I I I l I I I \ I I t I I 1 I I I I I I I I \ I I \ 60' RIGHT -OF-WAY EASEME:J - - - - - _1- - - -- LEGAL DESCRIPTION A portion of Tract 110 Golden Gate Estates Unit No.2. Plat Book 4. Page 75, Public Records of Collier County. Florida, being more partIcularly described as follows: Commencing at The Northeast corner of Tract 110; thence S.89·31'28"W. along the North line of Tract 110, a distance of 60.00 feet to the POINT OF BEGINNING; thence S.00'28'32"E., a distance of 300.00 feet to its intersection with the North line of the 5th AVE. N.W. right-ot-way easement; thence S.89' 31'28"W. along sold North line, a distance of 5.00 feet; thence N.00'28'32"W., a distance of 300.00 feet to its intersection with the North line of Tract 110; thence N.B9'31'2B"E. along said North line, a distance of 5.00 feet to the POINT OF BEGINNING. Containing 1.500.00 square feet or 0.0344 .ocres, more or less. GOLDEN GATE ESTATES UNIT NO. 2 P .B, 4. PAGE 75 TRACT CD]) -- ---- TRACT cD]) " L142 L138 -¡ r r -" -" .þ. VI -' to ·0' ~ o Ii b o ...- '--' Lî40 5TH AVE. N,W. - - - - ;;J¡ -- LINE U38 L139 L140 L 141 L142 LINE TABLE LENGTH 60.00 300.00 5.00 300.00 5.00 NOTES: I I .C \ I II \ ~ \ '0 èi ~ ..- \ 1.0 \ m Ii cJ ~ \ ...- I.!') Q) Ii cJ BEARING 589'31'28" SOO'2B'32"E 589'31'28"W NOO'2B'32"W NB9'31 '28"E ,. This is not 0 survey. 2. Basis of bearing is the West line of County Raad 951 (C.R. 951) being N 00'28'32" W, Florida Stote Plane Coordinates NAD 83/90. East Zone. 3. Subject to easements, reservations and restrictions or recórd. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-of-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. EXHIBIT ~ page-L. of ~ P- :ì- j-Ð J N I 25 50 100 GRAPHIC SCALE (DATE SIGNED) NOT VAlIDW,l1fli0t:JT THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 COLLIER COUNTY DEPARTMENT OF TRANSPORTATION PROJECT NO.: 65061 PAACEL NO. , 719 WI."ill"i-··~- I'IImII1 ' ~ .1iit:CIa(¡IIII. /AIW)'In . ~ARMIaIt . ~ CcIndIIIr. ~,m .."...... ._:r~~--=.l:':.".. .... ------ S.p 21, 2003 - '1:38:&8 t.lLAMURE\X¡\SUR\N8016\981.d10a.dwg SKETCH de DESCRIPTION 09/200J PROJECT 110.: N6015-005-000 SHEET IIUIoiBER: 719 ,OF XXX FJLE NO,: 2L-812 TRACT c1® I h \ 0 I 0 ~ ~ -J. I 0 ~ \ ~ \ u 0 0 ..- ..- If) ........, Q) GOLDEN GATE ESTATES UNIT NO. 2 TRACT P.B. 4, PAGE 75 C§) ----------------------------------------------------- --------------------,----------- I I I I I I \ I I I I I I ;ö ~I' m u ~J y r ..... .þo (.J1 .0 I I \ \ L144 TRACT CII§) , I LEGAL DESCRIPTION A portion of the South 75 feet of Tract 109 Golden Gate Estates Unit No.2. Plat Book 4, Page 75, of the Public Records of Collier County. Florida, being more particularly described as follows: LINE L143 L144 L145 L146 L147 LINE TABLE LENGTH 50.00 5.00 75.00 5.00 75.00 BEARING 5B9'31 '2B"W SB9'31'2B"W NOO'2B'32"W N89' 31'28"E 500'28'32"E NOTES: 1. This is not a survey. Commencing at the Southeast corner of Tract 109; thence S.89'31'28"W. along the South line of Tract 1 09, a distance of 50.00 feet to the POINT OF BEGINNING; thence continue S.B9'31'28"W. along said line, a distance of 5.00 feet; thence N.00'2B'32"W., a distance of 75.00 feet to its intersection with the North line of the South 75 feet of Tract 1 09; thence N.89'31'2B"E. along said North line, a distance of 5.00 feet; thence S.00'28'32"£., a distance of 75.00 feet to the POINT OF BEGINNING. Containing 375.00 square feet or 0.00B6 acres, more or less. 2. Basis of bearing 1s 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 ore per plat, unless otherwise noted. 5. ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P .O.C. represents Point of Commencement. 8. O.R. represents Official Records. 9. loB.E. represents Landscape Buffer Easement. 10. U .E. represents Utility Easement. EXHIBIT ..L page..:L of 3,~ q..:-;.' ..-b; (DATE SIGNED) , ~ ;. ~., . NOT VALID WITHOUT tHE SIGNATURE AND THE ORGINAL 'RAI~l~D. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 N - o 25 ~o 100 GRAPHIC SCALE PROJECT NO.: 6506 1 PAACEL NO. : 71 9A WI_Mlller···~- ,.,.,..,. . ~ . Eí:o/IIfIIII . Mw)'In , L.I/IdIc:IPINc/I.IdI . ~ ~ WIIonUItr, b::. ,., . /'Q'Iitø . ..... . ....... T.... _......... ....firi*IØIIIt.Iø .....""...."". w.HIt ........... Sep 22. 2003 - 11:38:~8 t.lWAURE\X:\SUR\N8015\1I51.d100.dwg COLLIER COUN1Y DEPARTMENT Of TRANSPORTATION SKETCH & DESCRIPTION 09/200,] PROJECT NO.: N60 75-005-000 SHm NUMBER: 779A OF XXX FILE NO.: 2L 812