Parcel 114
PROJECT: 65061
PARCEL No(s): 114
FOLIO No(s): a portion of 36667020002
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this I..( It day of Av _+ , 2005, by and between
RAYMOND M. SOBEL and TAMMY L. SOBEL, Husband and wife, whose mailing
address is 13965 Collier Blvd., Naples, FL 34119 (hereinafter referred to as "Owner"),
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"Purchaser").
WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement; and
WHEREAS, Owner 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 one hundred
twenty two thousand seven hundred twenty six dollars and 32 cents ($122,726.32), and
other good and valuable consideration, the receipt and sufficiency of which is hereby
mutually acknowledged, it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Property to Purchaser for the sum of:
~ 122.726.32
subject to the apportionment and distribution of proceeds pursuant to
paragraph 8 of this Agreement (said transaction hereinafter referred to as the
"Closing"). Said payment to Owner shall be full compensation for the Property
conveyed, including all landscaping, trees, shrubs, improvements, and fixtures
located thereon, and for any damages resulting to Owner's remaining lands,
and for all other damages in connection with conveyance of said Property to
Purchaser, including business damages, as provided for in Chapter 73, Florida
Purchase Agreement
Page 2
Statutes. The Owner hereby authorizes Purchaser to make payment to
American Government Services Corporation as settlement agent for the
disbursement of proceeds incident to said sale and conveyance of the Property.
In addition, the Purchaser shall provide funds to the closing agent for payment
of $10,989 to Policastro & LeRoux, PA, $8,000 to Calhoun Collister &
Parham, Inc., $1,687.50 to Mr. Green Thumb Horticulturist, and $1,185 to
Cawthra Consulting & Appraisals, Inc. It is mutually understood that the
Property is being acquired under the threat of condemnation.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such
instruments which will remove or release such encumbrances from the
Property upon their recording in the public records of Collier County, Florida.
Owner shall provide such instruments, properly executed, to Purchaser on or
before the date of Closing.
4. Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within thirty (30) 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.
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
Purchase Agreement
Page 3
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. Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed recording fees, and any and all costs and/or fees
associated with securing and recording a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the Property; provided,
however, that any apportionment and distribution of the full compensation
amount in Paragraph 2 which may be required by any mortgagee, lien-holder
or other encumbrance-holder for the protection of its security interest or as
consideration for the execution of any release, subordination or satisfaction,
shall be the responsibility of the Owner, and shall be deducted on the Closing
Statement from the compensation payable to the Owner per Paragraph 2.
9. All ad valorem real estate taxes due on the Property during Owner's term of
possession, and all maintenance charges and assessments due from Owner,
for which a bill is rendered prior to closing, will be charged against Owner on
the closing statement.
10. 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.
11. 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
Purchase Agreement
Page 4
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.)
12.
Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein: and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein.
13.
This Agreement is governed and construed in accordance with the laws of the
State of Florida.
this
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
l\1<... day of A." " >~ ,2005.
-
Property acquisition approved by BCC pursuant to Resolution No. 2004-182, Agenda
item 1 O(F), dated 5/25/2004.
AS TO PURCHASER:
DATED: 'i?bJj]{"
l':'~ 'f '.
. ..",') " L:~""':{)'
ATTEST',." ...:>.(Z'".
.. C". ..' . c;
DWIGHl E. BROCK, CU~'*
. r' :.:1 ": '~..",:;:
.. -..-
:..... ;$ .-"
~" t;,A/1)() .~.h(.
ALi:.~.;t d; to Cnd j~~p'~~ erk
signature onl", .
AS TO OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~.~W C+_
Fred W. oyle, Chairman
lIe,
DATED: 1 GS DS'
(\ \-.,.. {.
,\ .\..l'\ALL '- .\..1 C .Jlf' '
Purchase Agreement
~sore9
j",\~ i Ylcto ~q i rn..\
Name . t or Type) V '>l
'w22iit;j
Name (Print or Type)
Approved as to form and
legal sufficiency:
t L, o( ( \.-.-
Heidi Ashton
Assistant County Attorney
Page 5
EXHIBIT .'{-\ v
Page---lof......l-
h
'"
...J
<(
z
<5
GOLDEN GATE ESTATES
UNIT NO. 2
P.B. 4, PAGE 75
~
~ on
~ 0>
0>
'" on '"
0 0> I <5
0.
L55 0; I l-...
0
L
0>
'"
T~6~~______________________J5
---------------(31iC) .
LINE
LSS
LSB
LINE TABLE
LENGTH
55,00
55.00
BEARING
589'31' e"
N89'31 '28"E
LEGAL DESCRIPTION
A portion of the North 1/2 of Tract
113 Golden Gate Estates Unit No.2,
Plot Book ~, Pages 75 and 76,
Collier County, Florida, being more
particularly deecribed os follows:
NOTES:
,. This is not a survey.
Beginning at the Northeast corner of
Tract 113; thence S.00'28'32"E.
along the East line of Tract 113, a
distance of 165.00 feet to its
Intersection with the South line of
the North 1/2 of Tract 113; thence
S.89'31'28"W. along said South line,
a distance of 55.00 feet; thence
N.00'28'32~W., a distance of 165.00
feet to its intersection with the
North line of Tract 113; thence
N.BS'31'Z8"E.olong the North line
of Tract 113. a distance of 55.00
feet to the POINT OF BEGINNING.
Containing 9,075.00 sguare feet or
0.2063 acres, more or less.
2. Basis of bearing is the West line of County
Rood 951 (C.R. 951) being N 00'28'32" W, Florida
State Piane Coordinates NAD 83/90, East Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon are per plat, unless
otherwise noted.
5. ROW represents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
B. O.R. represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
~ -c[ 7 "0) ,
(DATE SIGNED)
,.
N
NOT VAUD WITHOUT;jHE SIGNATURE AND THE
ORGJNAL RAISED -. SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTlFlCATE OF AUTHORIZATION LB D43
PROJrCT NO., 65061 PNlCEl 1.'0. : 114
Wil.Mille;"'~-
""*"'~'~'--""'~Ar-...~CI:lnIlIMIIo
_.too
... . r.nJtn . .... . ...... "-
-.LIltMI>> ."-'tbtl__........... ,,. JH4J.R.... ........_
Sip 111, 2003 - 115:11:47 I,U.AMU~IX:\SUR\NIl015\Il:ihd100.dwli
~-
o 25 50 100
GRAPHIC SCALE
I
,co
COLLIER COUNTY DEPARTMENT
OF TRANSPORT A TlON
SKF:TCH &: OESCRIPTlON
09/20OJ
PllOJrCTNO.,
N6015-005-000
FlLENO.:
2L-812
PROJECT:65061
PARCEL No: 714
FOLIO No: a portion of 36667020002
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (h~reinafter
referred to as the "Agreement") is made and entered into on this ~ day of
l'4v)\+ , 2005, by and between RAYMOND M. SOBEL and TAMMY L.
SOBELfhuSband and wife, whose mailing address is 13965 Collier Blvd., Naples, FL
34119, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns whose mailing address is
3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"Purchaser").
WHEREAS, the Purchaser requires a Temporary Construction Easement
(hereinafter referred to as "TCE") over, under, upon and across the lands described in
Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter
referred to as the "Property") for construction of public facilities on adjacent lands; and
WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated
purposes, on the terms and conditions set forth herein: and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the TCE over, under, upon, and across the Property.
NOW THEREFORE, in consideration of these premises, the sum of two thousand
dollars ($2,000.00), and other good and valuable consideration, the receipt and
sufficiency of which are hereby mutually acknowledged, it is agreed by and between the
parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the TCE to Purchaser for the sum of $2,000.00 subject to the
apportionment and distribution of proceeds pursuant to paragraph 7 of this
Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant, shall be full compensation for the
TCE conveyed, including all landscaping, trees, shrubs, improvements, and
Temporary Construction Easement Agreement
Page 2
fixtures located thereon, and for any damages resulting to Owner's remaining
lands, and for ,all other damages in connection with conveyance of said TCE to
Purchaser, including all attorneys' fees, expert witness fees and costs as provided
for in Chapter 73, Florida Statutes. The Owner hereby authorizes Purchaser to
make payment to American Government Services Corporation as settlement agent
for the distribution of proceeds incident to this TCE Agreement. It is mutually
understood that the Temporary Construction Easement is being acquired under
the threat of condemnation.
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and therefore, said closing shall occur within thirty (30) days of the
execution of the Agreement by Purchaser. At closing, Owner shall deliver a
Temporary Construction Easement to Purchaser in a form acceptable to
Purchaser and Purchaser shall deliver the County Warrant to Owner.
4. Owner 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.
5. 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 County; 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 County, that the
seller 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.
6. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the
County against and from, and to reimburse the County 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 County by reason or arising out of the breach
of owner's representation under paragraph 6. This provision shall survive closing
and is not deemed satisfied by conveyance of title.
7. Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed recording fees, and any and all costs and/or fees
associated with securing and recording a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the Property; provided,
Temporary Construction Easement Agreement
Page 3
however, that any apportionment and distribution of the full compensation amount
in Paragraph 2 which may be required by any mortgagee, lien-holder or other
encumbrance-holder for the protection of its security interest or as consideration
for the execution of any release, subordination or satisfaction, shall be the
responsibility of the Owner, and shall be deducted on the Closing Statement from
the compensation payable to the Owner per paragraph 2.
8. Owner agrees to grant the TCE for the purpose of constructing public facilities in
this area. This TCE shall expire on September 30, 2008. In the event that the
construction of the public facilities has not been completed by September 30,
2008, the Purchaser reserves the right to record in the Public Records of Collier
County a Notice of Time Extension which shall grant a one (1) year time extension
until September 30, 2009, for the completion of said construction. Owner shall be
provided with a copy of the recorded Notice of Time Extension.
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
10. 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.
11. Conveyance of the TCE, or any interest in the Property, by the 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.
IN WITNESS WHEREOF, the parties hereto have executed
Construction Easement Agreement on this Lf <. day of Atr',r
this Temporary
,2005.
Dated Project/Acquisition Approved by BCC: Resolution No. 2004-182, Agenda item
10(F), dated 5/25/2004.
AS TO PURCHASER:
QI'1lu.C
DATED:
ATTEST:
BOARD OF COUNTY COMMISSIONERS
Temporary Construction Easement Agreement
Page 4
". r."'~r'l!
<,-,~,; .~..'.": ~<,
, ' "'"'
~ ", 'l;;J
DWIGHTE BROCK; Cle[.k
...- .-,;~,' . . '':.;;.., ~
4~'11.
. . (~
;:Bi; ,J-fl.) :, ,', 'k.
1 <<,",'D ' . CIty Clerk
Attest as to -m.. trtllari~.."
. """'. tT,\.
signature on 1 y. ".
AS TO OWNER:
DATED: 7/25/v5
COLLIER COUNTY, FLORIDA
BY: MW.~
Fred W. Coyle, Chairman
WITNESSES:
?sf'~
- Signature
Jj oi \ I. \1&., ~J Ctl I
c(P'0~
(Signature) D
(! L ~ t/W 30:-
(Printed N me)
RA
(Signature)
~,~ rU~
(P nted Nam )
I~~
!1~JI'rrh 'lt7;'/ai-
(Pr' ed Name) G
~Y L. SOBE
Approved as to form and
legal sufficienc :
'\...
Heidi . A hton
Assistant County Attorney
TRACT
@
II
EXHIBIT IIA
Page--l, 01....1...
~O>:;::
ARCEL
714
r r
~ -
TRACT __ _____
--:--------(1 1 ~---------------------------- L 115__
GOLDEN GATE ESTATES
UNIT NO. 2
P.B. 4, PAGE 75
TRACT
G2D
LEGAL DESCRIPTION
A portion of the North 1/2 of Tract
113 Golden Gate Estates Unit No.2,
Plat Book 4, Pages 75-76, of the
Public Records of Collier County,
Florida, being more particUlarly
described as follows:
Commencing' at the Northeast corner
. . of Tract 113; thence S.B9'3"28"w.
along the North line of Tract 1 13, 0
distance of, 55.00 feet to the POINT
OF BEGINNING: thence S.OO'2B'J2"E., 0
distance of 165,00 feet to its
intersection with the South line of the
North 1/2 of Tract 113; thence
S.BS'J'l'2B"W. along said South line, 0
distance of 5.00 teet; thence
N.OO'28'32"W" 0 distance of 165,00
feet to Its inter1ol8ctJon with the north
line of Tract 113; thence N.89'31'28"E.
along !laid North line, a distance of
5.00 feet to the POINT OF BEGINNING.
ContainIng 825.00 square feet or
0.0189 acres, more or less.
LINE
L113
L114
L115
L116
L117
NOTES,
~
~
ci
<i
o
o
~
~
on
0>
0;
o
L....
I
I
LINE TABLE
LENGTH
55.00
165.00
5.00
165.00
5.00
h
:i
ci
'"
<i.
~
on
0>
'"
<5
lJ
BEARING
S89'31'28"W
500'28'32"[
S89'31 '28"W
NOO'28'32"W
N89'31'28"E
1. This is not 0 survey.
2. Basis of bearing is the West line of County
Rood 951 (C.R. 951) being N 00'28'32" W, Florida
State Plone Coordinates NAD 83/90, East Zone.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon are per plat, unless,
otherwise noted.
5. ROW, represents Right-of-Way.
6. P.O.B. represents Point of 8eglnning.
7. P.O.C. reprOBents Point of Commencemont.
6. O.R. represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utfllty Easement.
~-
o 25 10 100
GRAPHIC SCALE:
Me
,P: . (FOR THE FIRM)
FLO~IDA U~. NO, 5 34
th~'l":'~'J' 2 (DATE SIGNED)
-" ,,{ ..
NOT VAllO WITHOUT tHE SIGNATURE AND THE
ORGINAL 'R.!.I9~ SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION La #43
).JEer NO.1 65061 PARCEL NO.; 714
, , Wil.Mille,."w-,
-.-.-........,--.--
--... ,
:v....,'-...~.---=,a~n:..~::::,.:::,.......lIIIlJiIInIIr._ OS/200J
111, 2003 - H;17:J~ IrdLAt.lUItE/X:\SUR\NIS01ts\1I111.dlOO.dwll
N
COLLIER COUNTY DEPARTMeNT
OF TRANSPORTATION
PROJECT NO,:
N60'S-005_0ao
SKITCWJi: OE:SCRIPTION
I
20'
FlLEi<<l.1
2L-812