Parcel 140
1681 fMI1
, .J
PROJECT:
PARCEL No:
FOLIO No:
62081
140
38169520008
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this ~ day of ()~ ,2003, by and between
RAY TYLER AND ENRICO E. TYLER, (hereinafter collectively referred to as "Owner"),
whose address is 4980 32nd Avenue S.w., Naples, FL 34116-8112 and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns
(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 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. Owner shall convey the Property to Purchaser for the sum of $321,737.00
payable by County Warrant (said transaction hereinafter referred to as the
"Closing"). Said payment 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.
2. 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.
3. 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
County Warrant to Owner and Owner shall deliver the conveyance instrument to
Purchaser in a form acceptable to Purchaser.
4. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and the 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.
Purchase Agreement
1681
"; ~
Purchase Agreement
Page 2
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. The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated
with securing from mortgagee(s), and recording in the public records of Collier
County, Florida, such full or partial release(s) or satisfaction(s) as are necessary
to convey a clear and marketable title to the Property. The cost of a title
commitment shall be paid by Purchaser.
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.)
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
1681
Purchase Agreement
Page 3
IN WITNESS WHEREOF. the parties hereto have executed this Agreement on
this ~ day of O~ ,2003.
Property acquisition approved by BCC pursuant to Resolution No. 2002-442, October
22, 2002.
AS TO PURCHASER:
DATED:
\O-Il\-O~
ATTEST;¡.:\"~·' , ,.
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER C0J'NTY, FL RIDA
-1~
ß~:~ ~~Ib<!..
, Deputy Cler
Attest I~.to Ch41r.an's
s1gná~ Qfl1J.
BY:
TOM HENNING, Chairman
IO-fl{ .0'3>
itnes Sig ure)
K~" ,.J ~\~ .J''þ ~ \ <;.J;:. S
Name (Print or Type)
fl~~~
Witness (Signa ure)
(j) tÇ~
RAY~ÉR Þ
t;'"
l.\~ \"t (l; µ 'Wi ¡}o.. \. 'ê...
Name (Print or Type)
Approved as to form and
J;:CI~~
Ellen T. Chadwell
Assistant County Attorney
JJO.OO' (PLA T)
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1 0 2. i!O IDO
I GRAPHIC SCAL[
i · 168t.,~
NORTH 150'
GOLDEN GA TE STA TES UNIT 30, ~
OF TRACT 106, PLAT BOO 7, PAGE 58 I ~
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~ 105. 1 105 I §3
FEE SIMPLE I TAKING ~
'54,4œ SQU.; FEIr c
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200
180'
107 ~
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106.1
EAST LINE OF S. CTlON 29
E ¡STING 53' EASEMENT
Of? R. O. If. PURPOSES
(PER PLA T)
PROPOSED J
R. O. W EASEM£, T
SANTA BARBARA BOULEVARD
COLDEN CA TE UNI T 6,
PLAT BOOK 5, PAGES 124-134
9
3
4 5 6 7 8
GOLDEN GA TE CITY UNIT 6, PLA T BOOK 5, PAGES 124-134 BLOCK 225
LEGAL O£SCRIPTlON
B[JNG ALL OF THE SOUTH 180 FŒT OF TRACT 106, COLDEN CA TE ESTA TES UNIT 30, PLA T BOOK 7, PAGE 58,
CGLLlER CGUN TY. FLORIDA.
CONTAINING 154,405 SQUARE FEU MORE OR LESS, OR 3.54 ACRES MORE OR LESS, SUBJECT TO THE EXISTING 53'
RIGHT OF WAY EASEMENT PeR PLAT AND OFFICIAL RECORDS CONTAINING 9,540 SOUARE FŒT MORE OR LESS.
SUBJECT TO EASEMENTS &- RESTRICTIONS OF RECORD.
EXHIBIT ...ð..
page-L of-L
... NOT Â SURVEY...
LANC R, P. OFf AL SUR'Æ'IOR .t MAPPER
FLORIDA REGISTRA LS /5527
NOT VALID UNLCSS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SUR'ÆYOR'S EMBOSSED SEAL
CERFlFlCA TE OF AUTHORIZA TlON,' LB-.I]
I£AMNCS AM 5ASl'D ON N~lH
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LEGEND:
~'" '" '" '" '" '" ~ Elf!.~NfASEMENT
~ PROPOSED
ADDITIONAL ACQUISITION
R.O.1f = RIGHT OF WAY
"OWECT NO., 62081 PARCEL NO. , 140
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CLIENT, COLUER COUNTY TRANSPORTA noN,
eNGINEERING . CONSTRUCl1ON MANAGEMENT DlVlS10N
TITLE' SKETCH AND OESCRIPl1ON
BONG ALL OF TH£ SOUTH 180' OF TRACT r06.
GOLD£N GA r£ £STA T£S UNIT JO. PLA T BOOK 7. PAG£ .58.
COLLI£R COUNTY, FLORIDA
[)A1E: PIIOJE r NO.: SH([T HUW9£R: F'IL NO,:
04/2002 N6022-002-01O- TDHWP 140 or XXX 2GG-20J
No" '3. 2002 - I'· 54;09 I_MILlERIX:\SiJR\N5022\Sk(l"lch 01 (J1!!',;(':ript:Orl":'\Subrnilled\2gq20.3<¡14(:,dwg