Parcel 130
MEMORANDUM
DATE:
March 30, 2007
TO: Ms. Sue Filson, Executive Manager
FROM::~ Margaret J. Kreynus, Senior Acquisition Specialist
RE: Purchase Agreement
Vanderbilt Beach Road Extension
Project No. 60168, Parcel No. 130
Matthew J. and Amber M. Hermanson, husband and wife, as to
an undivided two-thirds (2/3) interest and Howard D. Grady, a
single woman, as to an undivided one-third (1/3) interest
Attached is a copy of the Purchase Agreement in the amount of $563,950.00 ready for
execution by Chairman James Coletta. This represents a settlement in the amount of the
County's offer. The Board of County Commissioners on March 27, 2007 under Agenda
Item No. 16B4, authorized the acquisition of fee simple parcel required for the
construction of the Vanderbilt Beach Road Extension, and further authorized its
Chairman to execute various Agreements on behalf of the Board.
Please ask Chairman Coletta to execute the attached Purchase Agreement on behalf of the
Board of County Commissioners and forward to the Clerk of Minutes and Records for
attestation. Thank you.
PROJECT: 60168
PARCEL No(s): 130
FOLIO No(s): 36862940000
PURCHASE AGREEMENT
(For Improved Property)
THIS PURCHASE AGREEMENT is made and entered into on this I':> day
of H i\1Z,cli , 20~, by and between MATTHEW J. HERMANSON AND
AMBER M. HERMANSON, HUSBAND AND WIFE, AS TO AN UNDIVIDED TWO-
THIRDS (2/3) INTEREST AND HOWARD D. GRADY, A SINGLE WOMAN, AS TO AN
UNDIVIDED ONE-THIRD (1/3) INTEREST, COLLECTIVELY AS TENANTS IN
COMMON, whose mailing address is 14726 Indigo Lakes Circle, Naples, Florida 34119-
4824, (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, Seller owns certain improved property located at 790 29th Street NW
Naples, Florida 34120-1730, and more particularly described as Exhibit "A" which is
incorporated herein by reference, together with all buildings, structures and
improvements, fixtures, built-in appliances, HVAC system, floor coverings, ceiling fans
and window treatments (hereinafter referred to as "Property"), free from liens;
WHEREAS, Purchaser requires the Property for right-of-way purposes as part of
the Vanderbilt Road Extension Project;
WHEREAS, Seller has agreed to sell and Purchaser has agreed to buy the
Property subject to the terms and conditions that follow.
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. AGREEMENT
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.
2. PURCHASE PRICE
The purchase price (the "Purchase Price") for the Property shall be $563,950 (U.S.
Currency) payable at time of closing. None of this Purchase Price is attributed to any
personal property. If this Agreement includes an occupancy provision, the Purchase
Price stated above will include a deduction for all occupancy fees due under the term of
this Agreement.
3. CLOSING
A. 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 but not later than June 11,
2007, 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. Purchaser shall be entitled to
possession as of Closing, unless otherwise provided herein. Seller shall deliver
the Property in broom-clean and working condition, and free of all debris upon
vacating the premises.
B. 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 or before the Closing, the Seller shall cause to be delivered to the Purchaser
the following documents and instruments duly executed and acknowledged, in
recordable form, which documents will be prepared by Purchaser:
1. Warranty Deed in favor of Purchaser conveying 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.
2. Combined Purchaser-Seller closing statement.
3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" 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.
4. A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service.
5. Any documents required to consummate this transaction, as reasonably
determined by Purchaser's counsel and/or title company.
C. At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
1. A negotiable instrument in an amount equal to Net Cash to Seller on the
Closing Statement. 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 "Requirements and Conditions" below, 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.
2. Funds payable to the Seller representing the Purchase Price shall be
subject to adjustments and pro-rations as hereinafter set forth.
D. Seller, at its sole cost and expense, shall pay at Closing all documentary
stamp taxes due upon the recording of the Warranty Deed, in accordance with
Chapter 201.01, Florida Statutes, unless the Property is acquired under threat of
condemnation. The cost of the Owner's Form B Title Policy, issued pursuant to the
Commitment provided for in Article 7 below, and the Commitment shall be paid by
Purchaser. Purchaser shall pay all recording fees and will pay Seller's attorney's
fees in the amount of $2,500 at closing.
E. 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.
Page NO.2
4. PROPERTY CONDITION DISCLOSURES
A. General. Seller represents that Seller knows of no facts or conditions
materially affecting the value of the Property, except those which are readily
observable by Purchaser, or which have not been disclosed to Purchaser by Seller
in writing and furnished to Purchaser prior to the Effective Date of this Agreement.
B. Radon Gas. Florida law requires the following disclosure: Radon is a
naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it
over time. Levels of radon that exceed federal and state guidelines have been
found in buildings in Florida. Additional information regarding radon and radon
testing may be obtained from your county health department. Seller has no
knowledge of the existence of radon on the Property or any radon mitigation
having been performed on the Property.
C. Lead Based Paint/Paint Hazards. If construction of the residence on the
Property was commenced prior to 1978, Seller is required to complete, and Seller
and Purchaser are required to sign and attach to this Agreement, the addendum
entitled "Lead-Based Paint and/or Lead-Based Paint Hazards Attachment to Sales
Contract: Disclosure of Information and Acknowledgement."
D. Mold. Molds are commonly found both indoors and outdoors. Interior
infestation by certain molds may cause property damage and health problems for
some persons. Seller has no knowledge of any mold remediation having been
performed on the Property.
E. Warrantv. Except as to any facts or conditions disclosed to Purchaser as
required under Section 4.A. above, Seller warrants that all major appliances and
equipment; sprinkler, well, septic, heating, cooling, electrical and plumbing and
security systems; major mechanical components; roof (including fascia and
soffits); ceiling; structural walls; foundation; swimming pool, spa and pool/spa
deck; seawalls; docks; boat lifts/davits and related electrical and mechanical
components, if any (collectively "Systems and Equipment") are in Working
Condition. "Working Condition" shall mean operating in a manner in which the
Systems and Equipment were designed to operate. The roof, ceiling, interior and
exterior walls, foundation, swimming pool, spa and pool/spa deck, if any, shall be
considered in Working Condition if structurally sound and watertight. Seawalls
and docks, if any, shall be considered in Working Condition if structurally sound.
Seller shall not be required to repair or replace any Cosmetic Condition.
"Cosmetic Condition" shall mean an aesthetic imperfection which does not affect
the Working Condition of the item, including corrosion; tears; worn spots;
discoloration of floor covering or wallpaper or window treatments; missing or torn
screens; nail holes; scratches; dents; chips; caulking; pitted pool surfaces; minor
cracks in windows, driveways, sidewalks, spa/pool decks and garage, tile, lanai
and patio floors; and cracked roof tiles, curling or worn shingles and limited roof
life, so long as there is no evidence of structural damage or leakage.
5. INSPECTIONS
A. Inspection Period. Purchaser shall have 30 days from the Effective Date
(Inspection Period) to have the Property and improvements thereon inspected at
Purchaser's expense as follows: (a) Systems and Equipment, by an appropriately
Florida licensed inspection company or licensed contractor, and/or (b) radon gas,
by a Florida certified radon measurement technician or specialist, and/or (c) lead-
based paint and hazards, by an EPA-certified lead exposure risk assessor, and/or
(d) termites or other wood-destroying organisms, by a certified pest control
operator and/or (f) the presence of asbestos. Upon reasonable notice, Seller
shall provide access and utilities service to the Property to facilitate inspections.
Page NO.3
B. Election to Terminate. If any inspection conducted during the Inspection
Period reveals: (1) that any Systems and Equipment are not in Working Condition,
and/or (2) the presence of radon gas at a level in excess of EPA action levels,
and/or (3) the presence of lead-based paint or paint hazards required abatement
under HUD/EPA protocols, and/or (4) the existence of active infestation by
termites or other wood-destroying organisms and/or visible damage caused by
active or past infestation, and/or (5) the presence of asbestos, Purchaser may
terminate this Agreement without penalty by providing Seller with written notice of
its election to terminate. If Purchaser does not elect to terminate this Agreement
with the 30-day Inspection Period, Purchaser is deemed to have accepted the
Property in the condition it existed on the Effective Date, except that Purchaser
retains the rights set forth in Section 5.C (Walk Through Inspection) below.
C. Walk-ThrouQh Inspection. Purchaser (or a designated representative) may
conduct a walk-through inspection of the Property prior to Closing and prior to
possession, to confirm: (1) that all personal property items have been removed
from the Property, and (2) that Seller has maintained the Property as required in
Articles 4 and 6. Upon reasonable notice, Seller shall provide access and utilities
service to the Property to facilitate the walk-through inspection.
D. Inspections. Purchaser may enter upon the Property with at least 24-hour
notice to Seller for purposes of inspecting the Property with accordance with this
Agreement.
6. RISK OF LOSS
Seller shall maintain the Property (including without limitation the lawn, shrubbery, and
landscaping) in the condition existing on the Effective Date until Closing or date of
Purchaser's possession, whichever is later, except for ordinary wear and tear. Any
future loss and/or damage to the Property between the Effective Date and the Closing
or date of Purchaser's possession, whichever is earlier, shall be at Seller's sole risk and
expense.
7. REQUIREMENTS AND CONDITIONS FOR CLOSING
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:
A. Purchaser shall obtain as evidence of title an AL T A Commitment for an
Owner's Title Insurance Policy (AL TA Form B-1970) covering the Property,
together with hard copies of all exceptions shown thereon. Purchaser shall have
thirty (30) days, from the effective date of this agreement 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 proceed to Closing or to terminate this Agreement.
B. 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.
C. Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 5 (five) 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
Page NO.4
legal access to a public roadway, the Purchaser may elect to terminate this
Agreement by providing written notice to Seller within thirty (30) days from the
Effective Date of this Agreement. A failure by Purchaser to give such written
notice of termination within this thirty-day period shall be deemed an election by
Purchaser to accept the Property with the encroachment, or projection, or lack of
legal access.
8. [INTENTIONALLY DELETED]
9. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
Seller intends for Purchaser to rely on the representations contained in this Article in
entering into this Agreement and warrants the following:
A. Seller has 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.
B. 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.
C. The warranties set forth in this Article are true on the Effective 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.
D. 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.
E. No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
F. Until the date fixed for Closing or as 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.
G. 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 hazardous substances are or were located on the Property at any time
Page NO.5
during or prior to Seller's ownership thereof. Seller represents none of the
Property has been used as a sanitary landfill.
H. Seller has no knowledge that the Property, and/or that 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.
I. 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.
J. Seller has no knowledge that there are any suits, actions or arbitration, bond
issuances or proposals therefore, 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 sell the Property; 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.
K. 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 adversely affect the zoning or
physical condition of the Property or its intended use by Purchaser. 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.
L. 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.
10. NOTICES
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 registered or certified mail, return receipt requested, postage prepaid or
personal delivery addressed as follows:
Page NO.6
If to Purchaser:
Transportation Engineering & Construction Management
Attn: Kevin Hendricks
Right-of-way Acquisition Manager
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone 239-213-5844
Fax 239-530-6643
With a copy to:
Ellen T. Chadwell
Assistant County Attorney
Office of the County Attorney
Harmon Turner Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone 239-774-8400
Fax 239-774-0225
If to Seller:
Matthew J. Hermanson,
Amber M. Hermanson, and
Howard D. Grady
14726 Indigo Lakes Circle
Naples, Florida 34119-4824
Phone No. ( )
Fax No. ( )
The addressees, addresses 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 addressees, addresses
and numbers 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. Notice shall be deemed given in compliance with this Article upon receipt of
automated fax confirmation or upon on the fifth day after the certified or registered mail
has been postmarked, or receipt of personal delivery.
11. REAL ESTATE BROKERS
Any and all brokerage commissions or fees shall be the sole responsibility of the Seller
and shall be paid at Closing. Seller shall indemnify Purchaser from and against any
aim or liability for commission or fees to any broker or any other person or party
claiming to have been a procuring clause or engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement.
12. MISCELLANEOUS
A. This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
B. This Agreement and the terms and provisions hereof shall be effective as of
the Effective Date 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.
C. 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.
D. 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.
Page NO.7
E. 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.
F. 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.
G. 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.
H. 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 s. 286.23,
Fla. Stat., 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.)
I. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
J. The Effective Date of this Agreement will be the date of execution of this
Agreement by the last signing party.
K. This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and there are no promises, representations,
warranties or covenants by or between the parties not included in this Agreement.
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.
L. TIME IS OF THE ESSENCE to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
Acquisition Approved by BCC pursuant to Resolution No. ~l7Proved on the
~/J1' day of -J:1J ()# rA- , 20 V 1; agenda item no. / (,~ '::f-.
AS TO PURCHASER:
DA TEp;'; . fJ'<-'iI- ') - 0 ?-
-:',;,',' '.. '"..,
. ~ .0-
ATTES=r:.
DWIGHT E. B~C!<(, Clerk
"U
Attest I' to er,-. riM"
s f gnat.... onl ~,
BOARD OF COUNTY COMMISSIONERS
:~~~N~
Page NO.8
AS TO OWNER:
}&I[~JJAW
~eSS~(Sig~ture)
I'J6v. ___)J V (~
Name (print. 0 o;r ~ Tj: e .
~~)
Witness (Signature)
;IJp.,.k:/ HI deru (ot;
Name (Print or Type)
J~~ ~ttut1lkR
'f\ess (Signfure) j
r~)\ ~ Ink' ;:{\ \ ~ C{ / ~l~
Nam (Print or T e 7
'\ ~:i--~
Witness ( gnature)
;1!u.rkf >1)1 de ru (( / ()
Name (Print or Type)
ff-Jv~, 9 &-lga~
Witness (Signature)
~(I/u.J.p Y)OUL/'/';J.T
Name (Print or Type)/
~' U- Ck
. ,-vtp-,/;.., ~
'it ess (Signature')
, - 1/
1.1v '7/, , C- !:: , e r'A T.-
Name (Print or Type)
Approved as to form and
legal sufficiency:
,/ . ~
_':/{:/-C IV ~ d~{/l-~
Ellen T. Chadwell
Assistant County Attorney
Last Revised: 2/1/07
n1a:A~~/
Matthew J. ermanson
r1m.btA 'fill - ~.~
Amber M. Hermanson
r-I/
(-"\ \ >~
',--~ d'cC/ erA. .,::L
Howard D. Grady
-------.......
\<l
~~.~
Page NO.9
EXHIBIT A
The Northerly portion of Tract 49, Golden Gate Estates Unit No, 6,
according to the plat thereof, recorded in Plat Book 4, Page 93, of
the public records of Collier County, Florida, being more
particularly described as follows:
Tract 49, LESS the following described parcel of land:
BEGINNING at the Southwest corner of said Tract 49, thence N
000 19' 10" E a distance of 169,38 feet along the west line of said
Tract 49; thence S 890 28' 32"E a distance of 660.10 feet; thence
S 000 19' 10" W a distance of 167.13 feet along the East line of
said Tract 49 to the Southeast corner of said Tract 49; thence N
890 40' 50" W a distance of 660.09 feet along the South line of
Tract 49 to the Southwest corner of said Tract 49 and the POINT
OF BEGINNING.
,-
Ag.muii UliJll Nu. 1684
Match 27. 2007
Page 1 0113
EXECUTIVE SUMMARY
Rewmmendadon to.ppron thtpurdtase or Improved properl)' (Pnul No. 130) which is
req1l1r~ (ot the toDstruCtitll'lO( the Vand~rbiJt Beacb Road Extension projeet. Project No.
60168 (F1scallmpacl: S567.45#)
OBJECTIVE: To obtain tile Hoard.of County Commissioners' approval to purchase impro...ed
property, wtrich is required f{)r the COlistruCtioo oftbe Vaoderbill Beach Road Extension project
(between CollieT' Boulevard and Wilson Bnulc:vard),
CONSIDERATIONS: On June 6, 2006 the Board {)f County Commissioners apprtwed
Resolm1on No. 2006-142: aulhorizing the acquisition by gift or pW'<lhase of property required for
the construction of Vanderbilt Be&::h Rood between Collier Boule\'.ard and Wilson Boulevard
(Project No. 60168).
The subject property (Parcel No. 130) contains 2.:SS acrts. and is improved with a single fiUnily
home. An independent real estate appraiser has estimated the market value of lhe propeny at
$560,000. The appraisal was reviewed hy the County's Review Appraiser, who hils determined
that the appraisal complies with the Unithrm Swndanls for Professional Appraisal Prncticc. The
property owner has iiweCd to sell the property 10 the County at the appraised value, plus
cornpetL'Ullion for payment of documentary stamp taxi:$ customarily paid for by the buyer.
FISCAL IMPAcr~ Funds in the amount of $567,4.50 wm come ffQm the Transporta.tion
Supported Gas tax Fund and Imp.actFee Funds. (foUlI amount includes tbe 5563,950 purchase
price, including documentary stamp ta:te$, and 53,500 ror the al)proximatc cost oflitle insurance,
closing fees and recording fees.) Source oiFund.s are Ga'i Taxcs and Impact Fees.
GROWTH MANAGEMENT IMPACT: The reeommendatton is consistent with the Cnunty's
Growth Manngem;ent Plan.
RECOMM~NDA TION: That the Board of CuunLy Q'TItmissioueri of Collier (',ounty:
1. Approve the .utltteba1 Pu-ldltffic AMfccllIcnr;
2. Authorize jts Chairman It) execllte same (In behalf of the Board;
3, Authorize the payment of...U cOSl.$am'l expenses nece~sary to close tbe transact'ion;
4. Accept tbe convc}"Bnce oftlte property via WiIli'T'Urtlj' Deed and authorize the County Manager
or his. derolill1Ce to record SIltt'lC in the public records of COmet County. Florida: and
S. Approve any and all budge1 amendment" required.
Preparod by: Claudia Plesb.a, Property Acquisition Speciati.!l1, TECM
Atlachment: Purchase Agreemenl
1tI""~~"'lhor;
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COLun COUNTY
.o~RD O";;;OIlt./TY COMMI.MlD"I~'
"~M:"l~~.1.filU
t4telt71.2007
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Agenda Item No. 1684
Mardi ii', 2007
VANDERBILT BEACH ROAD EXTENSION _ PARCEL NO. 130 (HERMANSON) Page 3 of 13
ClOSE.UP
Agenda Item No. 1664
March 27, 2007
Page 4 of 13
PROJecT: 60168
PARCEL No(.): 130
FOIJO No(.): 36e6294oooo
PUACliASE AGFlEEMENT
(For ImprtMJd Prop.ny)
THIS PURCHASE AGREEMENT is made and _red Into on 11111 day
of , 20_ by and l>I>lwMn II'ATTHEW J. HERMANSON AND
AMlIER M. HEIIMANSON, HUSBAND AND WIFE, AS TO AN UNDMOI!O TWO-
THIfIDS .(21'3) INTllAE$T AND IIOWAllD D. QFb\DY, A SINGLE WOMAN, AS TO AN
UNIlfVIDIW ONE-TIIlRD {1m 1NT1!Rl!ST, COLLl!C'IM!LY AS TENANTS IN
COMMON, wI'lolW INIl1lnlJ add.-- is 1"726 Indigo L.IIbs CiR:Ia, Nap.... Florida 34119-
4824, (he_, _ to as "OWn'''), and COLLIER COUNTY, a poIllleal
SlJbdivioion 01 !he Slale of Florida, woo.. malUng IIdd'en is 3301 T_ Trail Eul,
Naples, Florida 34112 (he_'.....nBCf 10 a. "Purchase,.).
WHEREAS, Sail", own. certain imptovod properly Iocellld el190 29. Street Nw
Nap,", I'loItda 34120-1130, and mora patlla.ilatly dellCriblod as Exhib~ "A' wI1ich Is
incorporatad herein by .....!'llnC&, lOgalhe' 'IIiIh all !luNdlngl. "_.... and
Improvements, flJdu...... lMJill.ln epplianee.. HVAC lyillom, lloor c<MIrings. ceiling l_
and WindoW lraalmenl$ (herelnel1ll. ",latnld to as "PIOIJefIY'l, """ lrom II.n.;
WHEREAS. Purchaser t8q1Ji,es II1e Propotfy fo, righf.of-way P""'_' as part of
/he VandE>tblll Rood Ex1entlion ProjeCt;
WHI>AEAS, Selle, has agreod 10 Mil and Putcha_ has egreed to Iluy u..
PtoPllrtY subject to the leon. and oondlllons IhllolloN,
NOW THEREFORE. in """"Ideratlon 01 _ ptlImlsal, th<l sum 01 Ton 00"'1$
($10.00). and 01110.' good and _a CIOtlOidafalion. tha "'''''''pI and sufficiellC)' 01
which is hereby mlllually acknowlodged. ~Is agre.d by .nd between the parnes as
folklWs:
1. AGFlEEMENT
In con.ideratlon of tile pu",""se pOOe and upon lhe ."""", .no conditiorllo "",einafta,
... 1otIh, Seller shaY GelI 10 PI.l""'....., and Pu""'... shell pun:haae lrom Seller the
Property.
a. PURCHASE! PRICE
Tile pu""'asa pries (1I1e 'Putl:haae Price'] lor lhe PrnJl"rly snd be $563,950 (V.S,
Cull1lnCy) Il'lyable Sf lima 01 oklelnlJ, No.. oIlni. PUrcl1.... Prtee I. alltlbutad 10 any
plrsOnal PftlP\l'r1y. If this AgroemetJl lneludH an ClCOllplIncy pl'Ol/lsion, II1e PU",""..
PtJco - above wIIlndilJda a da<lJClion 10' all occupancy lee. dUe unde, II1e lenn 01
Ihis Agr8oment.
3. CLOStNG
A. The Closing (THE "CLOSING DATE". 'OATE OF CLOSING". OA
"CLOSING'] of lhe l1'lIntlSClIon shall be held on 0( belor. nln&ty (90) days
fOIIowIO\lft8CUllon of tnis Ag_ by Ih. purchasl' buI not_lhen J\ln. 11.
2007, unIes. _nded by mutual wrlffen aglHfTl8<lt 01 tna lW\kIS heralO, Tbe
Crosing ohaII be ""kf el .... Colli.. Coun1y A11o""'l"'o Ollice. Admlnlstnlllon
Building, :>301 Tamfaml Trail East, Napl... Florida. f>un:1TaMr .hall ba entitled to
~Ion as 01 Closing, un"," Olhervrie. provided _n, Sell., .nd d.Ilve,
Ihe Properly in b__n and ~ condl1iOn. and I..... 01 aY dllbrls '-"Orl
vacating Iha PramiHs.
a. Sell... - COlIVGy II milt!tlllsbloo tllla I..... 01 lI1If ...... 8I'lCurnbnJncea,
..eeption.. Of qualllllllllan.. MatIulIabIo IIIkl _ be _Ined Il<lCOIdng to
Ageooe llem No,. 16tl4
MarCh 27, 2007
Pege 5 orli 3
epplicable lIIB _. adopfad by the Florid. Ba, 000 in accordance wlth law,
At or tier- the Clo!iing. lI1e SflIler _ cause lO be delMlred 10 the Purchaser
tOO fOllowing docurniIn41I snd lnslrumenl$ dUly exOCUf8<l atld atknovoledged. in
reoomable form. wllid1 d_menl$ wII be _red by l'Im:ha",,"
1. Wamnly Deed ln fa"", of F'un:h...., cooveylng tIlIe 10 !he Property, free
atld clear of all lens BOO enoombranC8S olherthan:
(a) The lien fo' OUII'Ont _. end as_me,,",.
(bl Such other _emems, ....lridion. or conditions 01 reCOfd.
2, Combined Pla'eha.or.Seller clooong stElternoonl.
3. A "Gnmtm's NorH'oreIgn. T_ ldenlllication & "G.p" Aff'1lIsvit" as
teCJllred by Section 1445 of tho IIlIemaI RBvenue Code and as requIred
by !he IiIIe lnsuranoe underwrit&r ,in order 10 ln$Ure lite "g.p" and Inue the
peRcy oor\tM'!)1&led by the lIIfe insurance _lImoat.
4. A W.g Fa<m, "Raquest for Taxpayer Idenliflcallan and Car1tfiClltlon" as
required by lhe I_I Revenue Somea.
5. Any cIocu.._ taqulr<<l to COl\Summm.. this lran$aC!;ion. .s r""",nably
dalarmltled by PIlrthaWs COIlnsellltldlor title company.
C. At lite ClOsing. the Po",heo.r. or ib anillMO, wi caLJSelo bo diol....rad ID
the Seller the following:
1. A negolJable ins1rument in an a"o,,"1 .quollo N$I can 10 Seller on lite
CiIl$lng Slalllment, No ILIt1ds oholl be disburSed to Selllll' until !!Ie TIlfe,
Company velllles 1hal !he _ 01 the title to the Property has not
changed adwl'$8ly since !!Ie <Iae of the tasl s.dore.maM 10 tile
oommitment. relarenoed In 'Requitem",,1S and Condllfoos"lJeIow, and the
TIlfe, Company 10 irrevocably ""mmilled lO pay Ihe I'tJrth.... Price to
Agenda Ilem No. 16134
Ma,ro27, 2007
Page 6 of 13
4. ~OP~Fm' CONOmON OI!lClOSUREll
A, ~, Selle, _1I'bI Ih8l We, knows of no Iaclo 01' ClCIC1dItions
molurialy alfecllng lh" value of IIIe Prcperty, <<lCllIpI !hose whk:h an> J8IIdRy
observabla by Pu_o,. or whIcl> have noI ~ diacloged 10 Purch_ by So<IIe,
In wrilWtg on<! lumitlhed 10 Purcl1eso, prio'lD th& EIIacIiwt Date of this Agree_I.
a. Radon Gas. Florida law mqI.Inslhe following diadc:tture: Radon Is. e
nslUl'8lly OCWlring nolioacWe go thaI, wilen ~ has aCQu'hUl_ I. a bulding In
suIlleiant quantil.., may _ent h8sIth riak$ lD p....o.. who ate """"""" to ~
0V8( lime. ~s of _!hal oxceed federal and _ guidelln... hlMo ~
found in buildir1gs In Florida, Aclcflllanal inIorrnallon -.gardlng I'lIdon .nd I'lIdon
tu1lI>gmay be obtainad from )'OU, c;ounly hGall/1 <lepartmont, Saler has no
Imowiodge of Iba _ 01 radon an tho Properjy or any radon miligalion
having been performad on IIIe ProI>eIty,
C, I "'.... llasad Paint/Paint H........_ If construction of IIIe re8ldenca "" lI1e
P"'I""'lY IOn oommonced llI'io, 10 1978, Sella, Is ,equtred 10 oomplele, an<! S.....
and P"",hasa, am required to sign and_ to lNs Ag'_nt, lh" addendum
erllilted "Lead-8esed Palnl andie, LII8d-8ased Painlliazarde Al!ochme'" to Se/fti
Contract: OI$l:Iceum of InIoonatlon ond Acl<nCl'Medgement"
C, ~ Molds _commonly found both Indoo", and 0\IIdcl00ra ,_,
inf&ilatlon by alftBin mOld. ml!y _ property dalTMlg& ond hIIallh J)n)bIems for
somo pe...ons. Sellar h.. no knoMadgool any mold remedlllllon hlWing been
p81furmad on Ihe Property,
E. Warran\v_ Except o. 10 sny fllCb or IXlndltions disclosed 10 _e..r as
reqll/led undor Soctlan 4A 1IllcWe, SoIIor ....rranllllh81 aN major appllall_ and
0<1<1"""",1; s",ir1k1or, well, OllllIlc, heatlng, cooling, electrical ond plumbing and
......rity .~; major mechonictll compononts; rocJf (Induding fasclo and
Sllfflte): ceilit1g: $lructunll walls; foundallon: llWimning pool, Sjlll and poollllP8
dack; .......Is; docks; boat Itfts/da\'IIa and ""_ elal:lrlcal and mechanical
componlllTts. If any (C(l/loctIvely "Syal8ma and Equlpmenr) a.. In Working
Condlllan. 'Working COndIllon" ePla11 moan o~ng in a manner In which Iho
S)'lIlarns and Equipment ..... deoronad to o""",Ia, 'The roof. ""11I111I, ItIlMO, and
exterior walla, foundation. swimming pool, spa and ,pooU_ deck. if any, ohaI be
conaidored In Wortmg Condlliof1 W alruclul'8lfy 80und and~, ~II
and docks, If lIJ1Y, ahall be COtlOld&rod In Woll<lng CondIliof1I1 _r8IIy _,
Sellar 008/1 not IH:t ~ired to fIlpelr or lepla"" any Coemel.lc Condlllon,
"Cosmel.lc COndltlon' ,hall """'n an _lhetlc impedeeUon which doe. not affect
lhe Working Condltlon 01 tn. 1IMt. lnoludlng _ion: Iear$; well' $pct$:
dilcoloration of ftoor covaril1ll or wallpaper 0' wlndilw I~; mlssing or 10m
~; na. holes; scralohes; dents; chips; caulking; plttGd pool SUffaces: minor
creeks In windows, driwway.. sfdawalke. apa/pcol deek$ _ garage, $, Ionm
and patio 1loots: _ ""'_ mcf Illes, curling or worn lf1il9as and limited rocJf
lie" soJong aSlhere II no o_n08 of _ra1 damage or 18a""go.
5, INSPECTIONS
A, Insoection ~, Plltoha.e. sholl haw 30 da)'ll from tho Effactive Dale
(IrlIpection PerIocI) to _ tho Property and imp""""nllIlI'bI tn_ Inepe_ a'
Pun:ha_a ~ a. foil"""" (a) System. ""d Equ/pmtml, by on approprtolely
FloIf<!a '"",nsod lnapection _ny or licenaad conlractor. and/or (b) racIcn gas.
by a Florida certII1ed radon ......"""""Ill _niclan ... ,,*,,"bI. _ (e) I<lad.
based paint and _a, by an EPA.-eorlIlled lead a_ r18lc....... _/or
(d) "',,"11M or othe, WDOd-deetroying "'lIonlsms, by a ...rtlllod 1'8$1 COntn:ll
ope- and/or (f) tho _nee of _. Upon_able notlce. Seller
IhaD j>l'OIIlde _I snd utiIIlies _10 tho Property 10 facllIale inepec:fJon$,
"'''',3
Agenda Ilem No, 16B4
Marclt 27, 2007
Page 7 of 13
a. E1oc1loo 10 Tq<mJnale, It any inspoclion condueled during lhe Impocllon
Period.......Is: (1) that any ~ and EquiptnOOl are not In Wotl<ing Condilion.
andlof (2) IIlfl presence of radon gas .t . level in .;mess of EF'A action """'Is.
and/or (3) the pre....,oo of Iea<l-baOfOld paint or paint hazard. required abatement
under HUDJEPA pmtocOl$. and/or (4) IIlfl ...lstonce of ac\Wa Inlestatlon by
lermllel or other WOOlkle$Iroying O'll""...... and/or ViSible damoge OBIJsed by
aollv8 or llUI infettetion, Md/Ql' (5) the pt8111l""" otaabe8los. P\JrcIla_ may
lllrmlnate 1111. ~_ wilJ10ul po.ally bV pn:Md!ng SaI1er with wrtien notlca of
it$ elaclion tolerminale, If Putcl1a_ Ooes not ole<:110 terminate tills Ag~
wl1I\ Ill. 3May Inspedlon Period. Purcltllller IS ~d to have .ccepted the
Property in tile coodillon " existed on the Elfodiw Date. excepl that Purch~r
relainslllfl !'ighls set fbIIh in Sadlon 5.C (W.. ThrnlllJh 'nspeetlon) baIow.
C, Wello-Tlwuall I_lion l'ui'cl>a$er (or" design_ """""__) may
conduct awaJi<-thtol.tgh inspediorl of the Propeny ,pr\<r to Cloolng and ptIor to
pas-. to oonfimt (1) lhat all personal property lIems hm> baen re_
from th" Propeny. and (2) 1I>at Sellar hllIIn>ainlalnad 11>" Propedy as required In
Art!cleos 4 and a. Upon reasonabl. nolIce. SeiIer.halI ptOlIidlt a_ss .nd trlIIlIJe.
.....roe to Ill. Propeny to fa<:llltale lI1a wall<-lhroUllh InsplOClion.
0, Ins""eIIon., Pureha.., may _ upon Ill. Property ~ at """" 2<-hOu'
""lice to Selle, for ""rpos.s of ',,"peeling the F'roperty willi eecordanC<t with thl.
Agreement
a. Rll'Il( OF LOSS
Seller shall maintain lhe Property (inoluding wltlloul f1mblior11i1e 1aWrl. ahrubt>a'l'. and
landscepinlll in the condJllon ....q on Iha EIf.cIive Date unUl Clotlng or dale of
Pun:l1....,.s "","s.ssian. wItlclt_ is IlIIIIr, """"pi for _'I' wear and "'.r, AnV
fulurB loss and/or d.mage to the Properly bolween the E_I.. OllIe and tile ClC$ing
or dale of Purohas.(s _solon. which....... ...rf/ar. _ be at _s sole risk and
_e.
7, REQUIREMENTS AND CONDmONS FOR CLOSING
Upon _00 of 1111. Ag.--nent DV boltl pa_ or at .uclt OClle, Ilme a. .pec;lied
Wflhirl IhiG Artlcllil. Putclla.er Md/o, Se1Ier. .a IIlfl ce.a rney be. oMa :podfotm Ih.
following within the ti.... .la1$d. which oil"" be oonditiona Pl'ece<Iont to the Cloolng:
A. Purehaser 011811 oblain os <wId"""" of lill. an AL TA Commilmenl for .n
Owne". Tme lnouranoe Policy (ALTA I'<lrm 8.1970) cov.lirlg lhe PropertV.
logatl1er will1llard coPIes of al oxcepliQn. shown Il1areon, PUrd'laso, shall have
lhirty (30) d.\'$. from lI1e effective d.le of thl. agreement 10 nolify Seller in ""~ing
of .ny objocIion to lill. _ than fiens ovldenclng mon~ obligations. if any.
wIlic:l1 ObligatiOns shall ba peid at cloaIng, If the lille COrnmllment contains
eoweptions tho! m.ke the lIIla unmari<lIIIIble. Purchaser sh.1 deliver to the S.U.r
wrttten notice of lis int.ntlon 10 pll>C88d 10 CIoolng 0( to lermlMla this Agreement.
a, II PUrChe..r _I 181 to advise "'" Sa.... il wtlI1ng of any ooeh objocIl"". in
Sen.". till_ in the manner h....in requlrod by IIlis As_men!. tile tllla shall be
_med a<:cejltable.
C. SeII.r agrees to fumish any ""'56nv SIlI1/tl)'S of Ih. Property in Saller'.
-- 10 Purclta_ wilJ1in 5 (lWe) ~ '" tIIa Efl'ectlYe Date of 11>f.
Ag'""""",,- Pureha.... shall tuwa the 0jlIl0n. al lis own expanse. to _in .
current tlIIrvey oIl11e Property prepared by a OOIW)IO' licensed bVlI1. Slate of
Florida. No adjootmente to tile Pun:has. PrIce shall be made be_ upon any
ellange to the Iolal "'''.._ refenonced in Emibit "A.. unless IIlfl difference in
acreog. revealed bV survey eJCOIIeds e% of the "",",all a......, l( tile IUl\'8y
provided by Sol.r or obtained by __. as _ified by a registered Florida
""""'YW..- (a) an em:roachment onto tile prt>pe<\y; or (b) that on
improv.""'nt _ on the Property projects onto Jand. of 0Ih..... 0<' (0) lad< 01
-....
Agenda Item No. 1(164
March 27, 2007
Page&o/ 13
legal e\Xle$a to a public 1OlldW8y. lfWo fIurctIaer may _ 10 lIlrminate tills
Agreement by providing _ _ 10 Seier _In thirty (30) days frcm the
Effec:tiYe Date 0/ this Agruemenl. A fail"", by Pun:ha$er 10 GM> llUCh Written
notice 0/ temtinB1i<l11 wflhln thl. l11Irty-day pedod &hall be d..",ed an ilIectlOn by
Purcha_ 10 accepl1l1e Property _ the enornaehmenl. or J"'Olectioo, or lack 0/
legal 8CC8S5.
8. (INTENTlONA!.L Y DELETED)
9. SEUER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTlES
Soller IntenM lor F'url::ha$er 10 rely ,on th rapruentatlons contained in litis ArIlcla In
ontering InIo 11\10 """"'mmond wa/l'llnls the foIIawIng,
A. Senor has full dgM and tIUlIlorlty 10 _ into and to executa lhis ^"",oment
and 10 undarIaka all actions and to ll4Ilfom! aN laaks required 0/ llltl:h hereunder.
S81k>r Is no! presenlly tho subjacl of e penditlg, ltm......ned or IXlntamplaled
bartim.rptcyp_Ing,
e, Soller ""s fuR right, power. and aull10rily to own and Oll4l_ lI18 Property.
and to..,.,.... dellilet'. aM pellCrm b obligations under 111.. Ag_ and tho
inslnJmama B'lC_ in oonnocllon h~ and \0 consu,""",",lfWo lnlnUction
COIl\ei.iplated hutaby. All naceuary aulltOlwllio"s and lIPPfOVllls ha"a be""
obtall1tld autl1Ol1zlng Solk>r and Purchaser to Bli.wte and _lTlI1'Iala tho
tranaoclion CIl""'mplalad hereby. At ctooil1g. cerUllod ""pies 0/ 8U(lh appr'OWls
."". be d._ 10 Purc",,""r and/or S.IIer.llnoooe..../y.
C. The WllmInlIos sot fottll if\ INs A/1IQIe are lrlIeen lI1e EIlacIMl Dell> of Ihls
Agreement and as 0/ lI1e dale of ClDsil1l1. Purclltlll.... """"!Jlaooa 0/ a deed to
!he said F'ropetty ohall not be d"","ed 10 be fuN porfonnanc:e and disdta"lll' 0/
avery agrIlemenl and obligation on lI1e port at Ins S.1Ier to be performed pUl'Iuanl
to lI1e """,",Ion. 0' 1I11s Agreement
0, Seller re~ tnat n has no knCMtlldga 0/ anyllCllOns. sullll. clainul.
prnoeedlngll, lftigB1lon Dr Jrwetlliglationa p.nding 0I1hrealenod again'" Sener, at
law, equity or In albltrallon before or by any Ioderal, _. munh:lp.al o.oIhet
govemmonlal In$trumenlelily 11181 rwlate to this egreoment or any DlIlor property
that cooId, If eontJnuod. a"_ly affect Soller's abUlly 10 S<lII ll1e Property to
Purdlase. IlOODrding to 111.. k8rms or Ihls ","emant.
E. No par\y or pelSOn olher than Pun:l1uer hu any rfgI1t or optiOn 10 acqulnl
the Property or any pot\ion lI1e"",,,
F. Unlillhe d..... fixad for Clc&lllg or ... long as this Agreement "",,"Ins In fi:lrc.
and elfact. SolI.r sham not encumber or COIIvay any potliOn of the Property or any
dghts tf1ereIn, no. INlIer lnlo any agreements grenllngany paraon or.nIlty any
tlghts wllh 1'8Spec:t 10 lhe PI'DpSIly or any p.art thSftMlf. wlll10ul first obtaining Ihe
written """IMI 01 Plm:ha.... to .~el> conyoyancs, """'-'mOOlOce. Drag...._
whIel> COnlOnt may be wllhnslel by Purolte.....lb. any ....oon Wh_,
G.Sol.. ropt'e8ems tnat IIIey have (n h...) no I<nowIodga lI1el any poIulams ....
or ha.. been di.ohargad from the Properly, elinlClly or Jl1dlractly Into any body 0/
walar, Seller ...p.....ms tI1e P<opor1y has nOl been usod for tile pmdudlon,
handling. ~, tranoportaOOn. merwfaelure or disposal of IIazoRfoos or toldc
wbGlanOOll or wasfe$. as .uel> terms ..... dllflnO<l In applicable laws and
1'e!Jll18l1oos. or any olh.r aotlvlly lI1aoI WOlJId ha.. lllxle 1'S1llJ1Is, and no 80th
nazarrlous or /melc substanoe. 81'0 carrenlly "$ed in con_ wilh tile opelllllOn
or lhe F'ropetty. and _ .. no flRl<*ld1ng or Inquiry by any autllotlty _ IlllIJMlCI
_10. Salter rap<o_1hat tI1ey h..... (I '-) no.knowtodge IIult tI1ere ill gl'Ollnd
waler corrLamin81lon on lhe Property 01' ~t 0/ glOWld woIar COnlaminallon
from naIgllboring properties. Sol.. _ms no storage tanb !of ~ 01'
any olI1er hazal'<loos &lIbGlanoas .... or were Iocalod on the Property ot any _
......s
Agenda lIeli1 No, HiM
March 27, 2007
Page 9 of 13
du:lng or prior to Selle... ownertlhlp th_of. Seller represents none of the
Properly lla$!)eon .sed as aiill1itety landfill.
H, Soller has no knowledge U.l the Propflrty. ..-.dIor that Salla(s "II"f"'Ii<>ns
conoemlng Ihe Propelty. are In vIoIlIlIon of ony oppIicabIe Fed!ll1ll. SIalo 0< local
SlaMe, law or noguIotfon, or 01' MY notice from ony governmental body has been
$!lMld upon Saller claili1ing any ylQlatlon of any low, ordinance. codo or
molllatlon Dr requiring or canl1lll _tio<1 to tho noed for any worI<, ~i....
oon.tn:,,:tion, alterations or inslllllalion on or in connection with the Pn:>pe<1y in
ordor to """",Iy v.ith ony 1_. OfCIinance., code. or regulation _ Whicli Selktr
has not <Xm'!llI1ed,
I, There are no unreccnled restricIlons, .....""""'Is Dr rights of way (DIller tharo
exlsting zoning regula!lon$) thai_or affoot the _ of the PIllP'l~, and the",
ore no mainle_. co~, advertlPlg, """"'ll"m""t. _;ng. employma...,
..",,"" or DIIl.r oontraols _ng t... Prope~.
J, S.lIer h.. no knowledge thaI there ..... any suits, aello.. or artlllnrtio<1, bond
i$s.ance. or pfOllO$Ols l!1orefr:>re, propo.... lor public Improvement a_somenlll,
pay-_ lI!JtelIllIenls. paving agmoments, road IIlCpolU1Sion or improVement
eo_ont.. utility monllofi,,,"", ...... Jl1OIllotOl1um.. imp~ """"lofiums,
admlnlstratlve or DIJ1.r p-os or _mel IlMl$IiglIIlions or
requirements, formal or Inform.l, ..,.;stIng or pOOl!lng or ~ Which aI'Iect$
Ihe Pn:>pe<1yor Whloh .d~ alleclt Sel,""o ebilUy to .e. the Pn:>p;>tty; Mr is
lJ1.re .nY other ch.rge or ""Pense upon or related 10 the propeny v.tIk:Il has nol
been dl._ to Purch....r in writing prior 10 tI1e Effecti1/e Dale of thiS
Agr"""'ent.
K. Seller ._edges and ll(ltOe' thet Purctlaser I. entering Into Ihill
Agreemoot baMd upon 5elIM. mpre_lalIon. "1Il1ed aboIIa and on the
lJrld....l!Indlng 11181 Seller will not COU$ll Ihe zoning 0< ph)'slcal oondIl/on of tha
Propa~ to chengol from Il$ exl$ting _ on I... effeot:ll... dlote of th.. Agreement
up to .nd indudlno the dale 01' CI"'IIng, Thamlorllo. S....r as- not to onlllt' inl(>
any contreClll 0' agl'<lOmonts pertallllng to or aflllCllng lh$ r>roperty ~ndnotlO do
any act ... omit to perform eny act whidh 'oYDIJ1d ad.ersely alfeQl 1I1e zoning or
physical condition of !he Pmparty or lis In~ndod 'usa by P\J1'l:he$er. Seller al&o
agr.... 10 nolli)> Pu,cI1a..., p",,,,,,lIy of any cI1ango klthe feels COIlllIlned in the
foregoing _..nlallens end of .ny notice or PfDlXl"'!Id change in tho ::',(Inlng, or
any other action or noilee. thai may !)e PfDlXl'Ied or promlllgatecl by any thlrcl
partl.. or any llQYO,nmenllll at.ililoIlliee having jlJrisdlcllon oIlhe d<lvalopment of
the p"","~ which m~ ....trict... che_ MY olharcondltion of the r>roperty.
L. Seller r.,,,ennts, walTanls and ag_ to indemnify. reimburse. defend and
hold Pun:h..... fumnleas from any end a_ costs jinc:llJdll1g attomey'a fe.s)
a_ again$!, Onposod on or IrlCllll'rlld by """"""'or, <Iio1selly or iodifoctIy.
ptirsu""t to or In connectlon whh Ihe application of any flod'lll'Ol, stel~, local or
cornmon law relating lD polkJtion 0' Protoetion 01 the o""lmnmant whlDhohall '"' In
accordance with, but not limlled 10, the Comp"'hensIYe Enllln:lMMtllll Re8POnoe.
Co'l1!"'nselion. and liabYlIy Act of l&aO, 42 U.S,C, Section 9601, eI seq..
("CERCLA" 0' 'Suparfund"), whicl1 wao ,""",,ded and upgraded by 1he SUperfund
Amendment and Reow!horlzallon Act of 1986 ("SARA', Incklding any
amendments or S__O$O' In function to t..... aClll. Thio pl'(Mllon and the right.
o. Purcha_, harounder. Ohell o"IVI... Clo$lng and..... hot deemed satisfied by
conwyance 01 tltls,
10, NOTICES
Any _. n>queal, demend. inolruclIon or _ commun_ to be given 10 eIlhe,
JlllI1y llenlunder a118l1 be In wriIilg SMt by lecsinle wilh _ conflrmation of
receipt, 0< registsred or certlIled mall. rewm ..""", _esled. poslego pn>paid or
_at dellveoyedd_ a. """"""
Pouo....
IftoPun:has8"
WIt!> II CQll'Y It>:
II 10 Seller:
Agt>nda Ham No, 1664
Marro 27. 2001
Page 100113
Tllll1SpOlIatlon Enlllnt<<lng 11 Construction Management
AlIn: Kevin Hanltllc:k$
R1g~ AcqWslllon Manager
2885S<lulh H"",..""" IJrlv<I
NIpIes. Florida 341 04
T....phon. 23ll.213-58<!4
Fax~3
ElI.n T. Chadweg
Aselslant County AlIDmejI
Offlceofthe County AlIomay
Hermon Tum.r ~Idlng
3301 Tamlami Tl1lIg Eaol
Napl.., Florida 34112
Telephone 239-17-4-&400
F8Jt239-774.0225
Matthew J. H.nna_n.
Amber M. H./l1IlOII8Qn. and
Howard O. Orady
14725 indigo Lakee Circle
Napl... Florida 3411'1I-4Il24
Pho... No. L-l
Fax No. L-I
The addle....... odd_.. and num... fo' the purpo.. of til,. Artk:le may ....
changed by ether party bj' lJIvlng........ notlce of Il(jch d1ange 10 the other party In Ill.
manner providad h_ln. For 111. purpos. of ch.nglng tueh addres_. .<!dre....
.nd numb<!n only. un.... and unlll ....cIl _ natioe I. raceived. the Iut addreesee
and ~ address stated herein aha" be deamlld to continue In etrlld ler all
l'l"PO.... No&a .hall be d..med lJIven In <:ompllllnce wIlI11hle MiciIe upan recolpt of
-...aled fax confirmation or upon on th. IItth <lay efler the cetlIlkld or reglolered mail
he. been postmarked. 0' "",olpt of p8OIO/lal delivery.
11. REAL ESTATE BF!OKE;RS
Any and aM ~g. cxmnisllions or fees shall be the llOI. reeponslblllty of lI\a SIllier
and shall be ))IiId 81 CIolllng. SIlllarehallllld.mnlry PuJ'Chaser fi'om and a90ln!ll any
aim or llabllly for commission or Ie.. to any broker or any oI!1er p."", or p.rty
elaimlng 10 he... been a pmcwIng cia... or engaged bj' Sellar .. a ..., _ broI<ar.
ea""""an 0' rep18.anla1lve. In connection _11I11I As_nt.
12. MISCELl.ANE;OUS
A. We Agreement may be ~ in any manner of oounterperls OIhIch
togelher "".11 oonslilule lite agreement oIllie parties.
8. rn. AgI\lIement and lite l>rllT118 and proWl""'" hel'llOf _ ba e/IeclIY. eo of
111. effective Dale Mild sh.llnure 10 the benefit DI and be lllntIlng upon the politi..
hereto and their ~ heinl. alOlCUIon. personal repnllIOftlatl_. ~
""ccesSOI' trustee. and assign... wheneverl"" co"""" "" require. or admits.
C. MY amendment 10 trns AglOom.nl shall nO! bind any of the parties he"""
unl."" 8uOl1 amendment Is in wrl11ng ond _ and d_ by 1'uR:Il..... and
Sellar. Any amendment to lhit All"'""""" _ be binding upon I'uR:IlIlll8l ond
Sellar as lOOn as ~ has bMn """""*I bybolh paJ1les.
D. Capllon. and MOtion heeding. _in<<! In this Agnlenlent aro lOr
alrMl_ and noferenoa only; In no way do !hay _no. _he. _ or
Imllthe scope 0' inIenl oIlhit Ag!eemenl 0' any pnMI""'" h.root
Polo....,
Agenda Hem No, 1684
March 27, 2007
Page 11 01 13
E. A1llorm. and woro. used in 'hill As-~ '"90_' oll!1e numbei' and
gender '" which used, shel be d...med 10 include any other gende' or ""mbel a.
tIl" context 0' lI1e use lhereo/ may l1lClUire.
F. No waIw, or any p"",islon 01111;' ~mantshall b. e/IeclIYe unIe.. ft is in
writing signed by lI1a party agaitJsl Whom ft i. asoerled. and any waiver of any
p..,.;sloo or 1IIi. As_t .ha. be applicable only In the ."""Ific _nee 10
wtriCh ~ is related ..,d Iha. not be deemed 10 be a oonIirnJing or ruwre ""'_ as
10 such p..,.;sion or a waMl' ;:1$10 any oIIIOlI""Y""on.
G. II any dale specified in lhis JIQ_t falls On a SaItnday. Sunday or 19
holJdoy. 111.. lite dale 10 whicIl such reference i. m_ ,hall be extended'" the
next .~ng busl__day.
H. If lIle Seller holds Ill" Property in I!1e 10,," of a paItnorshil>. IImlled
parlnel'llllip. corporatIon. tro$lor any form 01 repre_lallve capacity whalsoever
for Olhero, S'ller .nell make a wrllbln public dl.do.u... according 10 s. 2BII.23.
Fla. Sial, under oalll. 01 lIle nama O<1d add.... ,01 ewry person havlng a
~ In_ In !he Property beforll Property held in ouch capilCfty is
convoyed to Collier County. (If lhe colpOfBtion is reg_ 'lrih the Federal
Securities Exchange Commtsslon or ragl_ punlU8IIllo Cbeple' 517. Florida
Slo1uleo. """'"" stock is for ..Ie to Ihe general public. III. h_by exempt from the
pt1>'Iioion. of Chapt..- 285. f'londa a_e.)
I. This Agteernenl ;5 901Iemed and constnred in acccrdsnce with the laws of
Ill. Stale of Florida.
J. 7he Effective 0aIe of '1hI$ As_nl wID be IIIe date of lll<eCutlon of !hI.
Agraement by !be Iut signinlJ perty.
t<. Tn.. Agnlemenland tile exhibits _ _ conI.1ln 1IIeentire
ag~ belIWlen 111. perties. and there are no 'promi..... repreoenlaliona.
Wll...ntie. or o,,,,,..allls by or betwean lhe polItle. not Included in tIlis Agreemenl.
No modification or amendment of lhl$ I\grN<nanl _ be 01 any fore. ... effect
unless med. in wriling and e_ed and dated bj' 00Ih Purebe$er and Seller.
l. TIME IS OF THE; ESSENCE to till, ~menl.
IN WITNE;SS WHEREOF, 1M partie, here<a h.oYe e>c8almd this Agreement on
the dolelit$t above _..
Acquisition ~ bj' BCC pursuant to R88OIutlon No. epproved on the
_dayQf ,20_.agonrtsilemno._.
AS TO PVRCHASER:
DATED:
ATTEST:
DWIGHT E, BROCK, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLUE;R COUNTY. FLORIDA
ElY:
.lAMES COLETTA, Ch".......
,..No..
t&~.tJ n~u.t1J!u
~ (SIgnf".\") L .
~~
~;gz~
WIln... ( alure)
;1!r..rK f sW/erw<<'D
Name (Print or T)'p8)
/lCJu,;{~. q:; III '.J'k
WIlne.. (signature)
!J"/.,,,_ <j)"'$d..> r
NamolPnntorType)
~~
. ';;'k~
IS (Signature)
I.-
1.,,,,,7"'i"jY'~ i7. Ae;wo(...<
Name IPrint or Type)
Approved as 10 fotrn and
leglilouflicillncy:
ft.? V1f'/h~___
"" T. Ch8d I
...._nt County A1IomOY
-lMl~;2I1'"
Agenda ICo", No. 1~
M.""'27,2 07
Pago 12 of 13
~J
.
MatthewJ. errnanson
tkri<<~~
Amber M. Harmal\lPOO
~v~rA-d ,J~4...
_of D. Gndy Q
.........
Agend<lllem No 15B4
March21,Z007
Page 13c:A13
EXHIBIT A
The North&rly portion of Tract: 49, Golden Gate Estates UniI No.6.
according 10 the ptat thereof, recon;Iad In fllat Book 4, Page 93, of
thlf public record5 of Colflar County, Florida, being mora
particularly described as follows:
Tract 49, LESS the following described paroeJ of land:
BEGINNING at the ScuttrNest COm$f of said Tract 49, thence N
ooa 19'10. E a dlttance of 169.38 feet along the west line of said
Tract 49; thence S 89- 28' 32"E a distance of 660.10 feet; th900e
S 000 19' 10'" W a dis1ance of 167.13 feet along the East line of
said Tract 49 to the Southeast comer 01 satd iract 49; thence N
ago -4()' SO- W a distanos of 660.09 feet along the South line 01
Tract 49 10 the Southwest corner of said Tract 49 and the POINT
OF BEGINNING.