Backup Documents 06/23/2009 Item #16E11
16E11
ORIGINAL DOCUlVfENTS CHECKLIST & ROUTING SLIP
" TO ACCO:MPANY ALL ORIGINAL DOCUMENTS SENT TO
TEE BOARD OF COUNTY COM1\11SSIONERS OFFICE FOR SIGNATURE
'Print OIl pink P8{lO". Att1d1 to origin;1.l r/1YITm""'I'" Original r/()M1m"'l'3' 3hou1d be hand deJive:red to the Board Office.. The-campleted roucing sJip and origina{
r/nrnm,.",., are to be. fotwart!oi to t1le B oattl. Ofl:io: an1y a1'ter the Boan1 has c:ti:l:tt. action. 011 the itz:m..} , . , "
' , , ROUTING SLIP ' . .'.. ' ':
"~l.etc roaring lin= 1#1 througl1 #4 as ~ fur :trltfinO'l"1 si~ dat=, and/or infaCnariOll needed.. If the ~;"'~'i3 :rlre:1dy complete widx the
0011 of'the ('h"m"",,'! sf draw 1 line tbrou l'OUIin lin= #1 throu #4, c:omoIete the cbec:k!i.st; md forward to Sue- FiIson (Iiru: #5).
Route to Addressee(s) ,Office Initials, Date
(I.ist in routin order)' '; ,"".:
1.
PRIl\.fARy CONTACT. INFORMATION
(The pri:auuy COI1CICl: i3 tbe holder of the or.igiual doc".......' pcadiug Bee approval Non:iwIy the primary CODCICl: is !be 1'=011 wbo 'ac::m:dIprcparc the executive
SllU2Z%Wy. Prim2ty CODCICl: iufumwiOl1 is aecded in the event lllIe of the ~e:s above, iDc:llJdiDg Sue filsoa, a.ccd 10 cpaClCl: ttafl fur additicmal or missing
i:afomwioa. A1l original dcc:amcnrs Deeding 1M Bce Olairmau' J sigtllltl1l'C are lC be de.Ilvc:n:d lC the Bee offiee only after the Bce bq acted 10 approve !be
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Name or Primary Staff
Contact
Agenda Dace Item was
roved b the BCC
Type or Document
Attached
.. ,,'
2.
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3.
4.
5.' Sue Frlso~ Executive Manager
Board ot County Commissioners
6. Minutes and Records
Clerk of Court's Office
Phone Number
Agenda. Item Number
Number" at Original
Documents Attached
INSTRUCITONS & CHECKLIST
Initial the Ycs column or II1llrlc '"N/A" .in the Not Applicable column. whichever is
a . ,
1., Original document has been signcdl'mirialed mr legal sUiticicncy. (All documents to be
signed by the, Chairman, with die exception of most.!cttcrs; must be reviewed and signed
!:iy the Office of the County At:1r:Jmey. This iDcludes sign.atUre pages from ordin.anccs.
resolutions. etc. signed by the Cou:nty Attorney's Office and signature pageS from
contracts., agreements. etc. that have been fully executed by all parties except the BCC
01airma:n and CIcdc to the Board and I State Officials.)
2. All handwritten.strike-tbroag/1 and revisions have been initialed by the County ~y.' s
Office and all other arties e the Bee Chairman and the Clerk to the Board
3. Chainpan's signature line date has been entered as the date afBCe approval ot the
document or the final De tiat.ed cont:rac:t date whichever is liable.
4. '"Sign here" tabs are placed on the appropriate p~ indicating where the Chairman' s
5i' and initials are r
5. In riJost cascs (some contracts are an exception), the original document and this routing slip
should be provided to Sue FUson iO the BCe office within 24 hou:rs orBeC approval.
S( i'~ documents are time sensitive and reqnirc forwarding to TalI.ah.assee within a c::rt.a.in
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. Thl!! docmnent was approved by the BCe aD .3 (enter date) and aU changes
.m;'.i~ dllling the meeting have been incorpora in the attached docnment. The
Coon Attorn 's Office bas reviewed the ~ if a liable.
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"IN I A
Ct1l0
CONSERVATION COLLIER
PROPERTY TAX IDENTIFICATION NUMBER: 00775080009
16 ElI
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between TRIANGLE LICENSING
CORPORATION, a Florida corporation, whose address is 1083 North Collier Boulevard,
Suite #195, Marco Island, FL 34145, (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 Two Hundred
Eighty Nine Thousand Four Hundred Dollars and 00/100 dollars ($289,400.00)
(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 one hundred and twenty (120) 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.
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CONSERVATION COLLIER
PROPERTY TAX IDENTIFICATION NUMBER: 00775080009
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 Warranty Deed in favor of Purchaser conveying title to the Property,
free and clear of all liens and encumbrances other than:
16El1
(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 8 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 Deed. 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
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CONSERVATION COLLIER
PROPERTY TAX IDENTIFICATION NUMBER: 00775080009
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 T A 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 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
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CONSERVATION COLLIER
PROPERTY TAX IDENTIFICATION NUMBER: 00775080009
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 one hundred and twenty (120) 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 use and purpose in the Conservation
Collier program.
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 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 V 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, 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
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CONSERVATION COLLIER
PROPERTY TAX IDENTIFICATION NUMBER: 00775080009
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be
prorated at Closing based upon the gross amount of 2008 taxes, and shall be paid by
Seller.
IX, TERMINATION AND REMEDIES
9.01 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.
9.02 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-half percent (1/2%) of the purchase price 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 12,01, (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,
9,03 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,
X, SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10,011 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
required of each hereunder, Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding,
10,012 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
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CONSERVATION COLLIER
PROPERTY TAX IDENTIFICATION NUMBER: 00775080009
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,
10,013 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.
10.014 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.
10,015 No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof. ,
10,016 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,
10.017 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.
10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or local
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CONSERVATION COLLIER
PROPERTY TAX IDENTIFICATION NUMBER: 00775080009
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,
10.019 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,
10,020 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.
10,021 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.
10,022 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.
10.023 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
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CONSERVATION COLLIER
PROPERTY TAX IDENTIFICATION NUMBER: 00775080009
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.
10.024 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,
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be given to
either party hereunder shall be in writing, sent by facsimile with automated confirmation
of receipt, or by registered, or certified mail, return receipt requested, postage prepaid,
addressed as follows:
If to Purchaser:
With a copy to:
If to Seller:
With a copy to:
Alexandra Sulecki, Coordinator
Conservation Collier land Acquisition Program
Collier County Facilities Department
3301 Tamiami Trail East
Naples, Florida 34112
Cindy M. Erb, SRIWA, Senior Property Acquisition Specialist
Collier County Real Property Management
3301 Tamiami Trail East - Building W
Naples, Florida 34112
Telephone number: 239-252-8991
Fax number: 239-252-8876
Triangle Licensing Corporation
1083 North Collier Boulevard, Suite #195
Marco Island, FL 34145
Telephone number: 't/,.Q'fJ-S3er,
Fax number: /flb-'?/fJ -$'~9
Louis W, Cheffy, Attorney
Cheffy Passidomo, P,A.
821 Fifth Avenue South, Suite 201
Naples, Florida 34102
Telephone: (239) 261-9300
Fax number: (239) 261-0884
tad.
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11,02 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 addresses or addressees only,
unless and until such written notice is received, the last addressee and respective
address stated herein shall be deemed to continue in effect for all purposes.
XII. REAL ESTATE BROKERS
~>C' '.,8
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CONSERVATION COLLIER
PROPERTY TAX IDENTIFICATION NUMBER: 00775080009
12,01 Purchaser and Seller represent and warrant to each other that they have not
contacted a broker or salesman in connection with this transaction. Seller hereby
agrees to indemnify and hold Purchaser harmless from and against any claims(s) of
any other person(s) asserting a right to a commission in connection with this
transaction by virtue of dealing with the Seller.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties.
13.02 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,
13.03 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.
13.04 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.
13.05 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.
13.06 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.
13,07 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.
13,08 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.
13.09 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
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CONSERVATION COLLIER
PROPERTY TAX IDENTIFICATION NUMBER: 00775080009
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.)
13,10 This Agreement is governed and construed in accordance with the laws of the
State of Florida,
XIV, ENTIRE AGREEMENT
14.01 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 Project/Acquisition Approved by BCC: j LLr\.e ?.3 ,1..0 () '1
TM.\~M.~lUb. 1\
AS TO PURCHASER:
DATED: -L~\~~ \2.0~
ATTEST:
DWIC3,.HT ~,'l3RQ,CK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~~ ~~
DON A FIALA, Chairman
AS TO SELLER:
DATED: ~/l., loo9
WITNESSES:
QJ~~9
(Signature)
10
16 Ell
CONSERVATION COLLIER
PROPERTY TAX IDENTIFICATION NUMBER: 00775080009
p,q tAL tv /LJ::::dcl b G"E
(Printed Name)
TRIANGLE LICENSING CORPORATION,
a Florida corporation
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BY:
DOUG
--
(Signature)
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/f.u F~ / A/ /l' t/ /
(Printed N~e) .
Approved as to form and
legal sufficiency:
, iC. /eiJ~ ~hi~ (j( c)
"fY- Assistant County Attorney
EXHIBIT "A"
PROPERTY TAX IDENTIFICATION NUMBER: 00775080009
LEGAL DESCRIPTION:
THE EAST HALF (E 'Y2) OF THE SOUTHEAST QUARTER (SE X) OF
SECTION 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA;
LESS AND EXCEPT
THE NORTH 854 FEET OF THE SOUTH 1054 FEET OF THE WEST 534
FEET OF THE EAST 1320 FEET OF THE SOUTHEAST QUARTER OF
SECTION 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA.
11
CONSERVATION COLLIER
PROPERTY TAX IDENTIFICATION NUMBER: 00775080009
16 E 11
TOGETHER WITH ACCESS EASEMENT THIRTY (30') FEET WIDE, BEING
DESCRIBED AS FOLLOWS: THE NORTH THIRTY (30') FEET OF THE
SOUTH 200 FEET OF THE EAST 816 FEET OF SAID SOUTHEAST
QUARTER AND THE EAST THIRTY (30') FEET OF THE SOUTH 170 FEET
OF THE SAID SOUTHEAST QUARTER,
AND LESS AND EXCEPT
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 29, TOWNSHIP
51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, RUN NORTH
ALONG THE EAST LINE OF SAID SECTION 29 FOR 230 FEET; THENCE
SOUTH 89059'05" WEST, PARALLEL WITH THE SOUTH LINE OF SAID
SECTION 29 FOR 92,83 FEET; THENCE SOUTHERLY 230.70 FEET ALONG
THE ARC OF A CURVE, CONCAVE TO THE EAST HAVING A RADIUS OF
5,087,57 FEET AND A CHORD BEARING SOUTH 04020'28" EAST FOR
230.68 FEET TO THE SAID SOUTH LINE OF SECTION 29; THENCE NORTH
89059'05" EAST ALONG THE SAID SOUTH LINE OF SECTION 29 FOR 75.37
FEET TO THE POINT OF BEGINNING,
AND
THE NORTH THIRTY (30') FEET OF THE NORTHEAST QUARTER (NE X)
OF THE SOUTHWEST QUARTER (SW X) OF SECTION 29, TOWNSHIP 51
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
AND
THE NORTH FIFTY (50') FEET OF THE WEST HALF (W %) OF THE
SOUTHEAST QUARTER (SE X) OF SECTION 29, TOWNSHIP 51 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
AND
THE EAST 100 FEET OF THE WEST HALF (W%) OF THE SOUTHEAST
QUARTER (SE X) OF SECTION 29, TOWNSHIP 51 SOUTH, RANGE 27
EAST, COLLIER COUNTY, FLORIDA.
12