Parcel 142/742
PROJECT: #65061 Collier Boulevard
(Golden Gate Blvd. to Immokalee)
PARCEL No(s): #142/742
FOLIO No(s): 00203520002
PURCHASE AGREEMENT
THIS PURCHASE AGRE¡:MENT (he~fter referred to as the "Agreement") is
made and entered into this I day of L1- , 2005, by and between
CHRIST COMMUNITY lUTHERAN SCHOOL, INC., a Florida non-profit corporation,
whose mailing address is 14785 Collier Boulevard, Naples, Florida 34119-9592
(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"
and a Temporary Construction Easement in the land described in Exhibit "B"
(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: $143,539.74
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 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. Owner hereby authorizes
Purchaser to make payment in the amount of $143,539.74 to Gulf View Title,
LLC, as settlement agent for the disbursement of proceeds incident to said
sale and conveyance of the Property.
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
releasé 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
funds 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 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. 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.
~TNES~~F, the parties hereto have executed this Agreement on
this ~ day of , 200 ~ .
Property acquisition approved by BCC: Gift and Purchase Resolution No. 2003-372,
Agenda Item No. 16 (B) (5), Dated 10/28/03, Condemnation Resolution No. 2004-182,
Agenda Item NO.1 0 (F), dated 5/25/04.
AS TO PURCHASER:
DATED:
L/- /!-06
ATTEST:
DVý1G,HT\,:ê.:¡~Bß"qCK, Clerk
rc;.. ,'. '-),\;" \ l;.. '-',.';1'
'~"'::~?'~:~'~:;~ ;':".., ::<'
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~.W. ~
Fred W. Coyle, Chairman
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DATED:
. C. ~V\~a.~ \J~r:~
~~T;g~~ IJYrtJ.-'íùJ
Name (Print or Type)
Christ Community Lutheran School, Inc., a
Florida non-profit corporation
~,£.r_ CU_J;
Nancy ewis, President ~ J
14785 Collier Boulevard
Naples, Florida 34119-9592
AS TO OWNER:
'J{;\tvfé.. S.. L/ ITL€"
Name (Print or Type)
Approved as to form and
legal sufficiency:
£. ~ êh~
./Éllen T. Chadwell
Assistant County Attorney
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Tract "A" \ I ~
CAMDEN COVE ~
PLAT BOOK 39, PAGES ' U
24-25 II
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RICHARD R.
YUREWITCH
O.R. BOOK 1533,
PAGE 182
PARCEL
142
SOUTH UNE OF THE NORTH 1/2
OF THE NORTH 1/2 OF THE
NORTHEAST 1/4 OF THE
NORTHEAST 1/4
N89' 54' 58 "w
60.05'
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RUBEN A. & ROSAki.
HERNANDEZ
O.R. BOOK 1191,
PAGES 1706-1707
REVISED 10-13-03- REVISED DESCRIPTION
PROJECT NO.: 65061 PARCEL NO. : 142
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S.p 25, 2003 - '~:0::S:09 MlAMURE X:\SUR\N80'~\95'.d'OO.dwg
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o 20!50 100 200
GRAPHIC SCALE
EXHIBIT JL
Page I ,., I
NOTES:
1. This is not a survey.
2. Basis of bearing is the West line of County
Road 951 (C.R. 951) being N 02'15'04" 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-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.
11. B.E. represents Buffer Easement.
12. P.U.E. represents Public Utility Ease~ent.
13. S.U.E, represents Special Utility Easement.
DESCRIPTION:
A portion of Section 34, Township 48 South, Range
26 East, Collier County, Florida and also being a
portion of those lands described In O.R. Book 1533,
Page 182 of the Official Records of Collier County,
Florida; being more particularly described as follows:
BEGINNING at the Southeast corner of Tract "D".
Camden Cove as recorded in Plat Book 39, Pages
24-25 of the Public Records of Collier County.
Florida and also being a point on the North line of
Section 34, Township 48 South, Range 26 East;
thence South 02'15'04" East, along the Westerly
right-of-way line of County Road 951 (C.R. 951),
for a distance of 334.79 feet, to a point on the
South line of the North 1/2 of the North 1/2 of
the Northeast 1/4 of the Northeast 1/4; thence
North 89'54'58" West, along the South line of the
North 1/2 of the North 1/2 of the Northeast 1/4
of the Northeast 1/4, for a distance of 60.05 feet;
thence North 02'15'04" West, along a line 60.00
feet Westerly of and running parallel with the
Westerly right-of-way line of County Road 951.. (C.R.
951), for 0 distance of 334.79 feet; thence$ö'ùth'
89'55'27" East, along the South lin~of said
Camden Cove. Tract "D", for a disJdnceof. '60.05
feet to the POINT OF BEGINNING.:"
::.,
Containing 20'0ã;¿7'70 uare feet or 0.4612 acres.
moce 0' I.... . ~
(FOR THE FIRM)
ANDREW B. BECK, P;S,M.
FLORIDA LlC, NO. 6065/,
/(),J~~
(DATESfGNEÒY
CUENT:
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION
T!TL£:
SKETCH & DESC~pnON
DATE:
07/200,]
PROJECT NO.:
N6015-005-000
SHEET NUIoIBER: FILE NO,:
42 OF xxx 2L-812
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Tract "A" \ ~
CAMDEN COVE
PLAT BOOK 39, PAGES I \ U
24-25 ~
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11 10' P. .E. ~
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NORTH LINE OF SECTION 34,
TOWNSHIP 48 S, RANGE 26 E
S89'55'27"E
5.00' z (.f) I
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RICHARD R. (J1 (J1 \ EXISTING
YUREWITCH 0 0
O.R. BOOK 1533, ..þ.:: ..¡:.. WEST
PAGE 182 :: ROW LINE
::E rr1 V
PARCEL
742 (.¡.
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N89'54'58"W
5.00'
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SOUTH LINE OF THE NORTH 1/2
OF THE NORTH 1/2 OF THE
NORTHEAST 1/4 OF THE
NORTHEAST 1/4
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RUBEN A. & ROSA H.
HERNANDEZ
O.R. BOOK 1191,
PAGES 1706-1707
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REVISED
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10/13/03 REVISED DESCRIPTION
65061 PARCEl NO. : 742
WI_Mllleï-··-
"..,..,. . ~ ' EocIog IfII , fùW)a'f , ~ k'drIMI . 7InpcriI1crI Ca1IIIM/t
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Sep 2S, 200:5 - 1S:0:5:09 MLAMURE)X:\SUR\N001S\9S1ed100,dwg
PROJECT NO.:
+
3M
rm1l1 I
150 100 200
GRAPHIC SCALE
ß
~_\
NOTES:
1. This is not a survey.
2. Basis of bearing is the West line of County
Road 951 (C.R. 951) being N 02'15'04" 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-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.
11. B.E. represents Buffer Easement.
12. P.U.E. represents Public Utility Eas~ment.
13. S.U.E. represents Special Utility Easement.
DESCRIPTION:
A portion of Section 34, Township 48 South. Range
26 East, Collier County, Florida, being a portion of
those lands described in O.R. Book 1533,' Page 182
of the Official Records of Collier County, Florida;
being more particularly described as follows:
BEGINNING at the Southeast corner of Tract "A",
Camden Cove as recorded in Plat Book 39, Pages
24-25 of the Public Records of Collier County,
Florida and also being a point on the North line of
Section 34, Township 48 South, Range 26 East;
thence South 89'55'30" East, along the South line
of said Camden Cove, for a distance of 5.00 feet;
thence South 02'15'04" East, along a line 60.00
feet Westerly of and running parallel with the
Westerly right-of-way line of County Road 951 (C.R.
951), for a distance of 334.79 feet, to it's
intersection with the South line of the North 1/2 of
the North 1/2 of the Northeast 1/4 of the
Northeast 1/4; thence North 69'54'58" West along
the South line of the North 1/2 of the North 1/2
of the Northeast 1/4 of the Northeast 1/4, for a
distance of 5.00 feet; thence North 02'15'04" West,
for a distance of 334.79 to the POINL OF
BEGINNING. "~I"~
'\,;
Containing 1,672.70 square fe~t or 0..0384 acres,
more or less. 0'"
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ANDREW B. BECK, P.$:M. (FOR THE FIRM)
FLORIDA LlC. NO. 6065
/qb.~ ~ (DATE StGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH && DESCRIPTION
TEMPORARY CONSTRUCTTON éASEMENT
CUENT:
TITlE:
DATE:
07/200J
PROJECT NO.:
N6015-005-000
SHEET NUMBER: F1L.E NO.:
42 OF XXX 2L-,ß12