McIntosh Tr
Memorandum
TO:
FROM:
Minutes & Records Management
Cindy Erb (\ '. ~
Sr. Property Acquisition Specialist V \\
Real Estate Services
DATE:
October 31,2005
RE:
Conservation Collier Land Acquisition Program - Mcintosh Tr.
Property Identification Number: 38391000008 & 38391080002
Please find attached the following for the above referenced project:
1. One (1) oriainal recorded Warranty Deed - Conservation Collier; and
2. One (1) oriainal recorded Warranty Deed - Transportation (Santa
Barbara Blvd).
The Board of County Commissioner of Collier County, Florida had approved the
Agreement for Sale and Purchase pursuant to Agenda Item 16 A (17), dated September
13, 2005.
Please contact me if you have any questions or comments at 8917.
Thank you.
attachments as stated
cc: Property Appraiser's Office w/attachment
Tax Collector's Office w/attachment
Inventory w/attachment
Office of the Real Estate Services
--_.._--'-_._--'---_..,._._-,---"_..,---,-,-,.,~~.._,,~.-'"
~/o
CONSERVATION COLLIER
Property Identification Number: 38391000008 & 38391080002
Prepared by:
Ellen T. Chadwell. Esquire
Office of the County Attorney
3301 East TaMiaMi Trail
Naples, Florida 34112
(941) 774-8400
3717208 OR: 3911 PG: 3610
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
10/14/2005 at 08:31AM DiIGHT B. BROCK, CLBRK
CONS 711983.00
RBC FBB 27.00
DOC-.70 4984.00
COPIBS 3.00
WARRANTY DEED
Retn:
REAL BSTATB SBRVICBS
BXT 8917/CINDY
INTBR OFFICE
THIS WARRANTY DEED is made this 23r-Á day of ~ ,
2005, by ROSS W. MCINTOSH, AS TRUSTEE UNDER THE PRL NORTHWEST
lAND TRUST AGREEMENT DATED APRil 1, 1986, whose address is 720 Goodlette
Road North, Suite 303, Naples, FL 34102-5656, (hereinafter referred to as "Grantor"),
to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and
assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112
(hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument
and their respective heirs, legal representatives, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit:
See Attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons whomsoever; and that
said land is free of all encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
uJ~~ ~Y/4
(Signature)
~m€ (ø-. -S. ~
(Printed Name)
~~
Suzanne Howard
(Printed Name)
BY:
~~~
ROSS W. MCINTOSH, as Trustee under
the PRL Northwest Land Trust Agreement
dated April 1, 1986
THIS CONVEYANCE ACCEPTED BY THE
C10I.ØALRÐ1EOF COUNTy COMMISSIONERS,
p......!.COUNTY. FLORIDA.
V"oòJVftft, TO AGENDA.
DATED: <1\\3' 0 S" ITEM NO. I ~ Y1 ( /7)
OR: 3911 PG: 3611
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Warranty Deed was acknowledged before me this 23rd day of
SEPTEMBER 2005 by Ross w. Mcintosh, as Trustee under the PRL
Northwest Land Trust Agreement dated April 1, 1986, who is personally known to me or
who has produced as identification.
(affix notarial seal)
~
re of Notary Public)
"'''.~'''''
~&':~ SUZANNE HOWARD
~l :~ MY COMMISSION # DD 254804
~~... r 1 EXPIRES: November 6. 2007
.I/f..¥./ Bonded Thtu Notary PIbIic Undtrwriters
SUZANNE HOWARD
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: /
My Commission Expires: /1 / () I:, jdoo 7
Aø~roved as to for. , 11111 ""tctencJ
£!L V ~-~-
~ Assistant Count Attorney
Ellen T. C~11
*** OR: 3911 PG: 3612 ***
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 38391000008 & 38391080002
LEGAL DESCRIPTION:
All of Tract 15, Golden Gate Estates, Unit No. 34, in accordance with and
subject to the plat recorded in Plat Book 7, Page 23, Public Records of
Collier County, Florida.
LESS
All that part of Tract 15, Golden Gate Estates, Unit 34, according to
plat thereof recorded in Plat Book 7, Page 23, of the Public
Records of Collier County, Florida, and being more particularly
described as follows:
Beginning at the Northeast corner of said Tract 15;
Thence along the East line of said Tract 15 South
00°28'17" East 330.00 feet;
Thence along the South line of said Tract 15 South
89°29'42" West 680.00 feet;
Thence along the West line of said Tract 15 North
00°30'18" West 21.63 feet;
Thence along the North line of said Tract 15 North
89°32'48" East 66.80 feet;
Thence leaving said North line North 00°24'16" West
20.69 feet;
Thence North 89°35'44" East 389.28 feet;
Thence North 49°45'03" East 146.91 feet;
Thence North 00°28'17" West 194.50 feet to the North
line of said Tract 15;
Thence along the North line of said Tract 15 North
89°29'42" East 111.00 feet to the Point of Beginning.
AND
South 150 feet of Tract 16, Unit 34, Golden Gate Estates, according to
plat thereof recorded in Plat Book 7, Page 23, of the Public Records of
Collier County, Florida.
LESS
All that part of the South 150 feet of Tract 16, Golden Gate Estates,
Unit 34, according to plat thereof recorded in Plat Book 7, Page 23,
of the Public Records of Collier County, Florida, and being more
particularly described as follows:
Beginning at the Southeast corner of said Tract 16;
Thence along the South line of said Tract South
89°29'42" West 111.00 feet;
Thence leaving said South Tract line North 00°28'17"
West 38.35 feet;
Thence North 13°01 '28" East 85.70 feet;
Thence North 00°28' 17" West 28.33 feet;
Thence North 89°29'42" East 91.00 feet;
Thence along the East line of said Tract 16 South
00°28'17" East 150.00 feet to the Point of Beginning.
Conservation Collier- Mcintosh Trust
CONSERVATION COLLIER
Property Identification Numbers: 38391000008 & 38391080002
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between ROSS W.
MCINTOSH, AS TRUSTEE OF LAND TRUST DATED APRIL 1,1986 AND KNOWN
AS PRIL NORTHWEST LAND TRUST, whose address is 720 Goodlette Road North,
Suite 303, Naples, FL 34102-5656 (hereinafter referred to as "Seller"), and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns,
whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to
as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the
conditions and other agreements hereinafter set forth, and Seller is agreeable to such
sale and to such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the
respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars
($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as
follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Eight
Hundred Thirty Thousand and No/100 Dollars ($830,000), (U.S. Currency)
payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before ninety (90) days
following execution of this Agreement by the Purchaser, unless extended by
mutual written agreement of the parties hereto. The Closing shall be held at the
Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East,
Naples, Florida. The procedure to be followed by the parties in connection with
the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Two Warranty Deeds (one for Conservation Collier, and one for
Transportation Right-of-Way purposes) in favor of Purchaser conveying
1
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CONSERVATION COLLIER
Property Identification Numbers: 38391000008 & 38391080002
title to the Property, free and clear of all liens and encumbrances other
than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller
and to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser. The cost of the title commitment shall also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deeds. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an AL TA Commitment for an Owner's Title Insurance Policy
(AL T A Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
2
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CONSERVATION COLLIER
Property Identification Numbers: 38391000008 & 38391080002
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to
make such title good and marketable. In the event Seller is unable to cure
said objections within said time period, Purchaser, by providing written notice
to Seller within seven (7) days after expiration of said thirty (30) day period,
may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to title as shown in the title
commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or
projection, or lack of legal access, or Purchaser may terminate the Agreement.
A failure by Purchaser to give such written notice of termination within the time
period provided herein shall be deemed an election by Purchaser to accept the
Property with the encroachment, or projection, or lack of legal access.
V. INSPECTION PERIOD
5.01 Purchaser shall have ninety (90) days from the date of this Agreement,
("Inspection Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended purpose.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
3
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CONSERVATION COLLIER
Property Identification Numbers: 38391000008 & 38391080002
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article VI shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. TERMINATION AND REMEDIES
8.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity
to a contract vendee, including the right to seek specific performance of this
Agreement.
8.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon One Thousand Dollars ($1,000.00) shall
be paid to Seller as liquidated damages which shall be Seller's sole and exclusive
remedy, and neither party shall have any further liability or obligation to the other
except as set forth in paragraph 11.01, (Real Estate Brokers), hereof. The parties
acknowledge and agree that Seller's actual damages in the event of Purchaser's
default are uncertain in amount and difficult to ascertain, and that said amount of
liquidated damages was reasonably determined by mutual agreement between
the parties, and said sum was not intended to be a penalty in nature.
8.03 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties, and take into account the peculiar risks and expenses of
each of the parties.
IX. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
9.01 Seller and Purchaser represent and warrant the following:
9.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
4
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CONSERVATION COLLIER
Property Identification Numbers: 38391000008 & 38391080002
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
9.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
9.013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement.
9.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
9.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
9.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
9.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill.
9.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance,
code or regulation or requiring or calling attention to the need for any work,
repairs, construction, alterations or installation on or in connection with the
Property in order to comply with any laws, ordinances, codes or regulation with
which Seller has not complied.
5
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CONSERVATION COLLIER
Property Identification Numbers: 38391000008 & 38391080002
9.019 There are no unrecorded restrictions, easements or rights of way (other
than existing zoning regulations) that restrict or affect the use of the Property,
and there are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
9.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
9.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
9.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter
called the "Closing Representative Statement") reasserting the foregoing
representations as of the Date of Closing, which provisions shall survive the
Closing.
9.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall
be in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601,
et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
9.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
X. NOTICES
10.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by registered, or certified
mail, return receipt requested, postage prepaid, or by fasimile, with written
confirmation of transmission, addressed as follows:
If to Purchaser:
Alexandra Sulecki, Coordinator
6
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CONSERVATION COLLIER
Property Identification Numbers: 38391000008 & 38391080002
Conservation Collier Land Acquisition Program
Collier County Environmental Services Department
2800 North Horseshoe Dr.
Naples, Florida 34104
Telephone number: 239-732-2505
Fax number: 239-213-2960
With a copy to:
Cindy M. Erb, Senior Property Acquisition Specialist
Collier County Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
If to Seller:
Ross W. Mcintosh, Trustee
720 Goodlette Road North, Suite 303
Naples, FL 34102-5656
Telephone number: 239-213-1425
Fax number: ~"-=t. "2.\~. l~.2C::-
10.02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such information,
unless and until such written notice is received, the last addressee and respective
address and number stated herein shall be deemed to continue in effect for all
purposes.
XI. REAL ESTATE BROKERS
11.01 Any and all brokerage commiSSions or fees shall be the sole
responsibility of the Seller. Seller shall indemnify Purchaser and hold
Purchaser harmless from and against any claim or liability for commission or
fees to any broker or any other person or party claiming to have been engaged
by Seller as a real estate broker, salesman or representative, in connection
with this Agreement. Seller agrees to pay any and all commissions or fees at
closing pursuant to the terms of a separate agreement, if any.
XII. MISCELLANEOUS
12.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
12.02 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 trustee, and assignees
whenever the context so requires or admits.
12.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
12.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
12.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
7
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CONSERVATION COLLIER
Property Identification Numbers: 38391000008 & 38391080002
12.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
12.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
12.08 Seller is aware of 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.
12.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller 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 Property held in such capacity is
conveyed to Collier County. (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.)
12.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIII. ENTIRE AGREEMENT
13.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated ProjectlAcquisition Approved by BCC: q~) OS
AS TO PURCHASER:
DATED: q ,14 ~DS;
. c tl M, () ,
. Vi-'
',1"'1
ATTEST:.:';, . ~':>~
DWIGHT'E!. 8ROCK;'_v'ri~
-.:.: '"' ..;, .'" . / )._~~ .: .:-,
.', . '.~ (~,
/. . '!I\\\'> ,.:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
. . ' ,(JC
Atte" t' , . , Deputy Clerk
S IS to ChatMlan's
"gnlture onl,.
BY: ~W. ~
FRED W. COYLE, Chair n
8
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CONSERVATION COLLIER
Property Identification Numbers: 38391000008 & 38391080002
AS TO SELLER:
DATED: h~ Z ( 2~
WITNESSES:
~
! r;1~
(Sig ture)
(.)()~e (c fl. 0'er'Ct.
~
gnature)
:::A.ff: ~~\~
(Printed Name)
Approved as to form and
legal sufficiency:
iJ L cJ (J..h.vr iJ. _
...- Ellen T. Chadwell
Assistant County Attorney
9
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BY: l rz~=c 6 e-e
ROSS W. MCINTOSH, as rustee
of Land Trust dated April 1, 1986,
and known as PR/L NORTHWEST
LAND TRUST
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EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 38391000008 & 38391080002
LEGAL DESCRIPTION:
All of Tract 15, Golden Gate Estates, Unit No. 34, in accordance with and
subject to the plat recorded in Plat Book 7, Page 23, Public Records of
Collier County, Florida.
And
South 150 feet of Tract 16, Unit 34, Golden Gate Estates, according to
plat thereof recorded in Plat Book 7, Page 23, of the Public Records of
Collier County, Florida.
Conservation Collier - McIntosh Trust
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