Parcel 807
lOB
PROJECT: 62081
PARCEL No(s): 807
FOLIO No(s): a portion of 36324760003
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this ) 5+ day of r 0 \vu Lk~ ' 2005, by and between
PAUL E. DUFAULT AS PERSONAL REPRESEN ATIVE OF THE ESTATE OF
GEORGE F. ANSON, whose mailing address is C/o Paul E. Dufault, P.O. Box 1469,
Royal Oak, Michigan 48068-1469(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"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement; and
WHEREAS, Owner is authorized to act on behalf of the last surviving owner and
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.aO}, and other good and valuab!e 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 good and marketable title to the Property to Purchaser for
the sum of $ 95,000.00 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 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 through Midwest Title
Guarantee Company of Florida as settlemen~ agent for the disbursement of
proceeds incident to said conveyance of the Property. It is mutually
understood that the Property is being acquired under the 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. Owner will provide sufficient authorization to act on
behalf of the Estate of George F. Anson prior to closing, and such other
documentation as may be required by the title agent before insuring title to the
Property.
108
Purchase Agreement
Page 2
4. Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that 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, Purchaser shall deliver the
proceeds to Settlement Agent for delivery to Owner and Owner shall deliver the
conveyance instrument to Settlement Agent 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 cCìnveyan:e 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 Personal Representative's 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.
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.
108
Purchase Agreement
Page 3
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.)
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 W EREOF, the parties hereto have executed this Agreement on
this lçl- day of vv,; ,2005.
Property acquisition approved by BCC pursuant to Resolution No. 2004-369, item 10-B
dated November 30, 2004.
AS TO PURCHASER:
DATED:~;)~~~' ;~>-,
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. , De vty:C1erk
Atte¡t ¡S,t!ti'Cha1run's
s1galt¥rt 0A1Jo
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: '1u1- W. ~
Fred W. Coyle, Chairman
Purchase Agreement
AS TO OWNER:
DATED: . Ul/05
~:~
Witness {Sig
Harold J. Robinson
Name (Print or Type)
Janice A. Thornton
Name (Print or Type)
Approved as to form and
legal ufficiency:
lien T. Chadwell
Assistant County Attorney
>
.,/',
/Z~~fa~:f(~
R sentative of the Estate of
George F. Anson
108
Page 4
107. 7
707
PR010SED
R. O. W ~SEMENT \
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¡ T rf H
o 2$ $0 100 200
GRAPHIC SCALE
GOLDEN GA TE ESTA rs UNIT 30,
PLA T BOOK 7, AGE 58
106
EAST LINE OF SECTION 29
SANTA BARBARA BOULEVARD
EXISTI G 53' EASEMENT
FOR . O. W. PURPOSES
PER PLA T)
GOLDEN GA T£ UNIT 6,
PLA T BOOK 5, PAGES 124-134
2
3
4
5 6
'£ SIMPLE KING
'0.000 SQlJAR£ FEET
7
1
20' ALLEY (PER PLAT)
22
27
20
79
78
BLOCK 225
~
26 25 24 !:1
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:to.
BLOCK 225 ~
GO DEN GA TE NIT 6,
PLA T B OK 5, PAC, S 124- 134
80.00' (PLA T)
55TH TERRACE S. W.
GOLDEN GA T£ UNI T 6,
PLAT BOOK 5, PAGES 124-134
I
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BLOCK 224
LEGAL DESCRIPTION
BONG ALL OF LOT 23, BLOCK 225, GOLDEN GA T£ UNIT 6, PLA T BOOK 5, PAGES 124-134, COLUER COUNTY,
FL ORIDA.
CONTAINING 10,000 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS &: RESTRICTIONS OF RECORD.
I( I
EXHIBIT A
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... /fOTA SURVEY···
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED mm THE SURV[YOR'S EMBOSSED SEAL.
CERFlFICA TE OF AUTHORllA nON ¡ LB-4J
BCANlNr;5 ARC BASED ON NafTH
AIiERICAN DA 7V.II tN.A.D) ms.HilO
A().AJSTII£NT STAlt PLANe CODI/DINAlr
S~mt ((;/I/f)) FOR Fl.0RIDA CAST lOHf.
LEGEND:
~ PROPOSED ACQUISITION
R.O. W. "" RIGHT OF WA Y
PROJECT NO.; tJ2081 PARCEl. NO. : lJ07
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CUENT, COt.U£R COUNTY TRANSPORTA17ON,
ENGlNECRING " CONSTRUC17ON MANAGEMENT DIVISION
TITLE: SI(£TCH AND DESCRIP170N
BEING ALL OF LOT 23. BLOCK 225.
GOLD£N GATF UNIT 6. PLAT BOOK 5. PAGeS /24-134,
COLLIER COUNTY, FLORIDA
DATE: PROJECT NO.' SHEET NUIABER, FlLE NO.:
04/2002 N6022-002-010- rDHWP 807 OF xxx 2GG-20J
JuJ 11, 2002 - 10: 06: 45 JNAPIERlx. \SLJR\N6022\Skelch or Oescriptions\Subm;lted\2gg203s807.dwg