Backup Documents 01/12/2010 Item #16B5
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLF6 8 5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pll1k paper. Atlach to original document. Onginal dm;umcnts should be hand dc1ivefl~d In the Board ()mc~' The completed routing slip ,md original
ducuments arc to be t'orwardt:d to the Bomd Ollie!.: only arler the IJoatd has tako:n action on tht' Item:1
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates_ and/or information needed_ Irthc document is already complete with the
exception of the Chairman's signature. draw a line throm~h routinll lines # 1 throU2h #4, complete the checklist, and forward to Ian Mitchell (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I.
2,
3.
4.
5. Ian Mitchell, BCC Supervisor Board of County Commissioners h- I/'lS 110
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approvaL Normally the primary contact is the person who creatcd/prepared the executive
summary. Primary contact information is necdcd in the event one of the addressees abovc. including [an MitchelL need to contact staff for additional or missing
infonnation. All original documents needing the Bee Chairman 's signature arc to be delivered to the Bee otllce only after the Bee has acted to approve the
item)
Name of Primary Staff Margaret Kreynus Phone Number 252-5846
Contact
Agenda Date Item was 1112/2010 Agenda Item Number 1p:B5 llOBS
Approved bv the BCC
Type of Document Purchase Agreement Number of Original One
Attached Documents Attached
l.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances.
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware ofvour deadlines!
The document was approved by the BCC on 1112/2010 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A licable)
2.
3.
4.
5.
6.
Yes
N/A
N/A
Yes
Please scan under Vanderbilt Beach Road Extension as PARCEL 276FEE in the BMR
Real Property folder. Thank you.
MEMORANDUM
1685
Date:
January 26, 2010
To:
Margaret J. Kreynus
Senior Acquisition Specialist
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Purchase Agreement - Project #60168
Parcel #276FEE
Attached, please find a copy of the above referenced document
(Agenda Item #16B5), which was approved by the Board of County
Commissioners on Tuesday, January 12, 2010.
The original document has been retained by the Minutes & Records
Department as part of the Board's permanent record.
If you have any questions, please contact me at 252-8411,
Thank you,
Enclosure
1685
MEMORANDUM
DATE:
Monday, January 25, 2010
TO:
Ian Mitchell, Supervisor BCC Office Operations
, '
FROM:; Margaret 1. Kreynus, Senior Acquisition Specialist
RE: Vanderbilt Beach Road Extension
Project No. 60168, Parcel No. 276FEE
Pamela R. Sizemore
Attached is an Purchase Agreement in the amount of $41,000.00 ready for execution by
Chairman Donna Fiala (BCC Meeting 1/12/2010, Consent Agenda) This represents a
settlement in the amount of the County's offer. The Board of County Commissioners on
January 12, 2010 under Agenda Item No. ~, approved the acquisition and authorized
its Chairman to execute it on behalf of the Board. I c" B <;
Please ask Chairman Fiala to sign the attached Purchase Agreement on behalf of the
Board of County Commissioners and forward to the Clerk of Minutes and Records tor
attestation. Thank you.
2685
PROJECT: 60165
PARCEL No.: 276FEE
FOLIO No.: 37490360006
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into on this day of , 2009, by and between PAMELA
ROWE SIZEMORE, whose mailing address is 2996 Peters Avenue, Naples, FI 34112 - 5928,
(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 more particularly described as
the North 105 Feet of Tract 4, Golden Gate Estates Unit No. 18, according to the plat thereof,
as recorded in Plat Book 7, Pages 7 and 8, of the Public Records of Collier County, Florida,
(hereinafter referred to as "Property"); 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.
..,
4.
The purchase price (the "Purchase Price") for the Property shall be $41,000,00 (U.S
Currency) payable at time of closing, subject to the apportionment and distribution of
proceeds pursuant to Paragraph 9 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 shall be in full and final
settlement of any damages resulting to Owner's remaining lands, costs to cure,
including but not limited to the cost to relocate the existing irrigation system and other
improvements, and the cost to cut and cap irrigation lines extending into the Property,
and to remove all sprinkler valves and related electrical wiring, and 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.
Owner shall convey a marketable title free of any liens, encumbrances, exceptions, or
qualifications. Marketable title shall be determined according to the applicable title
standards adopted by the Florida Bar and in accordance with law. 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. At or prior to Closing, Owner shall provide Purchaser with a copy of
any existing prior title insurance policies. Owner shall provide such instruments,
properly executed, to Purchaser on or before the date of Closing. Owner shall cause
to be delivered to Purchaser the items specified herein and the following documents
and instruments duly executed and acknowledged, in recordable form (hereinafter
referred to as "Closing Documents"):
(a) General Warranty Deed;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
II
1685
Page 2
(e) Such evidence of authority and capacity of Owner and its representatives to
execute and deliver this agreement and all other documents required to
consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence. Therefore, Closing shall
occur within ninety (90) 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, payment shall be made
to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and
Owner shall deliver the Closing Documents to Purchaser in a form acceptable to
Purchaser. Purchaser shall be entitled to full possession of the Property at Closing.
5. Owner agrees to relocate any existing irrigation system located on the Property
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser. Owner
assumes full responsibility for the relocation of the irrigation system on the remainder
property and its performance after relocation. Owner holds County harmless for any
and all possible damage to the irrigation system in the event owner fails to relocate the
irrigation system prior to construction of the project.
If Owner elects to retain improvements and/or landscaping ("Improvements") located
on the Property, the Owner is responsible for their retrieval prior to the construction of
the project without any further notification from Purchaser. Owner acknowledges that
Purchaser has compensated Owner for the value of the Improvements and yet
Purchaser is willing to permit Owner to salvage the Improvements as long as their
retrieval is performed before construction and without interruption or inconvenience to
the County's contractor. All Improvements not removed from the Property prior to
construction of the project commences shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owner and Purchaser agree to do all things which may be required to give effect to
this Agreement immediately as such requirement is made known to them or they are
requested to do so, whichever is the earlier.
7. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the Property, to
enter into and to execute this Agreement, to execute, deliver and perform its
obligations under this Agreement and the instruments executed in connection
herewith, to undertake all actions and to perform all tasks required of Owner
hereunder and to consummate the transaction contemplated hereby.
(b) 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 Owner to be performed pursuant to the provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to acquire the
Property or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in force and
effect, Owner 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, without first obtaining the written consent of I
Purchaser to such conveyance, encumbrance, or agreement which consent may
be withheld by Purchaser for any reason whatsoever.
(e) There are no maintenance, construction, advertising, management, leasing,
employment, service or other contracts affecting the Property.
(I) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which affect
the Property or which adversely affect Owner's ability to perform hereunder; nor
pagL6 8 5
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
(g) Purchaser is entering into this Agreement based upon Owner's representations
stated in this Agreement and on the understanding that Owner will not cause the
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, Owner 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 adversely affect the physical condition of the Property or its
intended use by Purchaser.
(h) 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.
8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and
from, and 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 any of Owner's
representations under paragraph 7(h). This provision shall survive Closing and is not
deemed satisfied by conveyance of title.
9. Purchaser shall pay all fees to record any curative instruments required to clear title,
and all Warranty Deed recording fees. In addition, Purchaser may elect to pay
reasonable processing fees required by mortgagees in connection with the execution
and delivery of 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 due to any diminution in the value
of its property right, 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, unless the
Property is acquired under threat of condemnation.
10. All ad valorem real estate taxes due on the Property during Owner's term of
possession, and all maintenance charges and assessments due from Owner, for
which a bill is rendered prior to closing, will be charged against Owner on the closing
statement. Real Property taxes shall be proruted bdsed on the current year's tax and
paid by Owner. If Closing occurs at a date when the current year's millage is not
fixed, taxes will be prorated based upon such prior year's millage.
11. 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.
12. 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
Page 16 B 5
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.)
13. 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. No modification, amendment or consensual cancellation of this Agreement
shall be of any force or effect unless made in writing and executed and dated by both
Owner and Purchaser.
14. Should any part of this Agreement be found to be invalid, then such invalid part shall
be severed from the Agreement, and the remaining provisions of this Agreement shall
remain in full force and effect and not be affected by such invalidity.
15. 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 the date
first above written.
AS TO PURCHASER:
DATED:---.ll oVa I (D
BOARD OF COUNTY COMMISSIONERS
COLLIER COU~Y, FLORIDA
II! f _
BY: I~F~ ~..ul
Donna Fiala, Chairman
AS TO OWNER:
DATED, /Z['p I 0]1
~)~)~
Witness (Signature)
'3o~h G/'h<...on
Name (Print or Type)
~'~Si;~~~ ~
\)bM IIV I]"\) A"^M.o...::ac
Name (Print or Type)
~, Q - r-" \01'1. Q
~ pO..)\( O;:'.,Q ~ 01'-"
PAMELA ROWE SIZEMORE' -
Approved as to form and
legal sufficiency:
~")\0--L
Assista t ounty Attorney