Airport Parking Acquisition (WCI documents)
Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between WCI COMMUNITIES,
INC., a Delaware corporation, whose address is 24301 Walden Center Drive, Bonita
Springs, FL 34134, (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 "as is", described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01
A. The purchase price (the "Purchase Price") for the Property shall be Two
Hundred Fifty Thousand Dollars and No/100 Dollars ($250,000.00) (U.S.
Currency) payable at time of closing.
B. At time of the execution of said Agreement by both parties hereof Purchaser
shall deposit with WCI Title as Escrow Agent a deposit of $25,000 (representing
10% of the Purchase Price of the Parcel).
The deposit shall be held by Escrow Agent in an interest bearing account to be
disbursed as provided herein. In the event that the sale of the Property as
contemplated by this Agreement is closed in accordance with the terms and
conditions hereof, the Escrow Agent shall apply the earnest money deposit and
any interest thereon to the Purchase Price due on the date of closing. In the event
the Purchaser defaults under this Agreement or fails to close by the established
closing date as set out in 3.01 for any reason other than a default by the Seller or
a catastrophic event beyond the reasonable control of the Purchaser, the Escrow
Agent shall release the earnest money to the Seller as actual damages for the
Purchaser's failure to close, and the Parties shall have no further obligation to one
another under this Agreement. In the event the Seller fails to close within fifteen
(15) days after the established closing date as set out above for any reason, to
include any failure to deliver good and marketable title to the real property, the
Escrow Agent upon request of Purchaser shall release the earnest money to the
Purchaser and the Parties shall have no further obligation to one another under
this Agreement.
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
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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. 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 Special Warranty Deed ("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.
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 Purchaser shall pay the Purchase Price less the deposit and any
prorations and adjustments by wire transfer into Seller's designated
account with immediately available funds on the Closing Date. 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 Deed, in accordance with Chapter 201.01, Florida
Statutes. The cost of recording any instruments necessary to clear Seller's title to
the Property shall be paid by Purchaser. The cost of the Owner's Form B 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 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
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Tax Identification Number: 59430600005
and paid by Purchaser. 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 TA 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 together with Seller's receipt of a legible copy of the exception objected to,
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 reasonable 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 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", if any. Seller agrees to furnish
any existing surveys of the Property, if any, to Purchaser within thirty (30) days
of execution of this Agreement.
V. INSPECTION PERIOD
5.01 Purchaser shall have sixty (60) 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 purpose.
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
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Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
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 VI 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 and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. Seller shall be notified by
Purchaser no less than twenty four (24) hours prior to said inspection of the
Property. Purchaser shall cause no encumbrances or liens to be filed against the
Property due to and or arising out of Purchaser's due diligence activities and
inspection of the Property. This provision shall survive a termination of the
Agreement
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
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 Purchaser.
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 the deposit of $25,000 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 13.01, (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 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation or
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Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs
for appellate proceedings in such litigation or other action: which sum may be
determined by the court or in a separate action brought for that purpose.
9.04 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 Purchaser has the 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. All necessary authorizations and approvals have been
obtained authorizing Purchaser to execute and consummate the transaction
contemplated hereby. At Closing, copies of such approvals shall be delivered
to Seller, if necessary.
10.012 Seller is presently the subject of a pending Chapter 11 Bankruptcy
proceeding in the United States Bankruptcy Court For the District Of Delaware.
Seller has the 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 subject to approval of the United States Bankruptcy Court For
the District Of Delaware. At Closing, copies of such approvals shall be
delivered to Purchaser, if necessary.
10.013 The warranties set forth in this Article shall be true on the date of this
Agreement and as of the date of Closing.
10.014 Except for the Chapter 11 proceedings with the United States
Bankruptcy Court in the District of Delaware, 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 DELETED
10.018 DELETED
10.19 DELETED
10.20 DELETED
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
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Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
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 DELETED
10.023 "As Is" Condition of Property. The Property is being sold in an "as in"
condition and "with all faults" as of the date of this Agreement and as of
Closing. Except as may be expressly set forth in this Agreement, no
representations or warranties have been made or are made and no
responsibility has been or is assumed by Seller or by any partner, officer,
person, firm, agent or representative acting or purporting to act on behalf of
Seller as to the condition or repair of the Property or the value, expense of
operation, or income potential thereof or as to any other fact or condition which
has or might affect the Property or the condition, repair, value expense of
operation or income potential of the Property. Seller makes no
representations or warranties, express or implied, as to the suitability or fitness
of the Property for Purchaser's intended use of the Property or, except as may
be specifically set forth herein, the environmental condition thereof. The
parties agree that all understandings and agreements heretofore made
between them or their respective agents or representatives are merged in this
Agreement and the Exhibits hereto annexed, which alone fully and completely
express their agreement, and that this Agreement has been entered into after
full investigation, or with the parties satisfied with the opportunity afforded for
investigation, neither party relying upon any statement or representation by the
other unless such statement or representation is specifically embodied in this
Agreement or the Exhibits annexed hereto. To the extent that Seller has
provided to Purchaser information from any survey, title examination or policy,
inspection, engineering or environmental reports or any other materials or
information regarding the Property, including reports concerning asbestos or
harmful or toxic substances, Seller makes no representations or warranties
with respect to the accuracy or completeness, methodology of preparation or
otherwise concerning the contents of such reports. Purchaser acknowledges
that Seller has requested Purchaser to inspect fully the Property and
investigate all matters relevant thereto and to rely solely upon the results of
Purchaser's own inspections or other information obtained or otherwise
available to Purchaser, rather than any information that may have been
provided by Seller to Purchaser. The terms and provisions of this paragraph
shall survive Closing hereunder.
10.024 Only to the extent allowed by Section 768.28, F.S., Purchaser
releases and agrees to indemnify, defend, and hold Seller harmless from any
present or future claims arising from or relating to the presence or alleged
presence of asbestos or harmful or toxic substances in, or, under or about the
Property including, without limitation, any claims under or on account of (a) the
Comprehensive Environmental Response, Compensation and Liability Act of
1980, as the same may have been or may be amended from time to time, and
similar state statutes, and any regulations promulgated thereunder, (b) any
other federal, state or local law, ordinance, rule or regulation, now or hereafter
in effect, that deals with or otherwise in any manner relates to, environmental
matters of any kind, or (c) this Agreement or the common law. The terms and
provisions of this paragraph shall survive Closing hereunder.
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Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
10.025 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:
Real Property Management Department
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone Number
Telephone number: 239-252-8991
Fax number: 239-252-8876
Jennifer A. Belpedio
Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Paul J. Erhardt
WCI Communities, Inc.,
24301 Walden Center Drive
Bonita Springs, FL 34134
Telephone number: 239-498-8200
Fax number: 239-949-0233
Kenneth Y. Gordon
Associate General Counsel
WCI Communities, Inc.,
24301 Walden Center Drive
Bonita Springs, FL 34134
Telephone number: 239-498-8680
Fax number: 239-390-3624
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
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
c1aims(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
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Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
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 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.
13.11. In connection with Purchaser's development and or use of the Property,
Purchaser agrees that it shall install a landscape buffer that meets the minimum
requirements of the Land Development Code. Purchaser agrees to install
lighting that meets the minimum requirements of the Land Development Code and
the Federal Aviation Administration design standards. This provision shall
survive the Closing and conveyance of the Deed.
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.
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Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
XV. UNITED STATES BANKRUPTCY COURT APPROVAL CONTINGENCY
15.01 Seller is presently the subject of a pending Chapter 11 Bankruptcy
proceeding in the United States Bankruptcy Court For the District of Delaware.
Seller has the 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
contingent upon and subject to approval of the United States Bankruptcy Court For
the District Of Delaware. The Bankruptcy Court shall have entered the Sale Order
pursuant to the Bankruptcy Code (title 11 of the United States Bankruptcy Code,
11 U.S.C. Sections 101. et seq.) in the form reasonably acceptable to Seller and
Purchaser approving the transaction contemplated hereby and the terms and
conditions of the Agreement. This Agreement is contingent upon the approval
of the United States Bankruptcy Court For the District Of Delaware, as well
as approval by Seller's Board of Directors. At Closing, copies of such
approvals shall be delivered to Purchaser, if necessary.
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by BCC:~
~cio.. \-k'O\ 4:1 Iv G <{
AS TO PURCHASER:
DATED:~
ATTEST:
DWIGHT E, Bf.R~~!,.Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
. ..
"
~:At~to~:~e'r~'
s19l1atUr:t0l\1 ~.;'
AS TO SELLER:
DATED:
'.1 -- z- ---, - (..~
WITNESSES:
kY
C'I
./- -<--
WCI COMMUNITIES, INC., a Delaware
corporation
(Signature)
'/:)
f o;..\.-..../f.- C:'l'2-t..-1l;-r.:' ~ ;--
(Printed Name)
--
""'---.-...
@
(Signature)
Df.-I\ht L
~J(J~ X - ~ tUY;;~
L-ZJVCrj
B~--~- ~~ - --
Timothy Oak, Vice President
(Printed Name)
Approved as to form and
legal sufficiency:
~s~~
Assistant County Attorney
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Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
Exhibit "A"
Tract Q, MARCO SHORES UNIT ONE, according to the plat thereof as recorded in Plat
Book 14, Pages 33-38, inclusive, of the Public Records of Collier County, Florida, LESS
AND EXCEPT THAT CERTAIN PROPERTY DESCRIBED BELOW:
Beginning a the northeast corner of said Tract "Q";
Thence along the east line of said Tract "Q" South 11059'55" East 332.93 feet to a
point on the north right of way line of Mainsail Drive according to the plat of said
Marco Shores Unit One;
Thence along said right of way line South 77054'19" West 131.94 feet;
Thence leaving said right of way line North 12000'24" West 307.62 feet to a point
on the boundary of said Tract "Q";
Thence along said boundary in the following two (2) described courses,
I. North 24045'16" East 7.32 feet;
2. North 69014'17" East 129.11 feet to the Point of Beginning of the parcel herein
described;
Bearings are based on the east line of said Tract "Q" being South 11059'55" East.
10
Prepared by:
Jennifer B. White, Esquire
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400
4270986 OR: 4434 PG: 3380
RECORDED in OlllCIAL RECORDS of COLLIER COUNTY, IL
03/12/1009 at 01:51PM DWIGHT E. BROCK, CLERK
CONS 250000.00
REC FER 21.00
DOC-.l0 1150.00
coms 3.00
Marco Airport Acquisition - Parking
Tax Identification Number: 59430600005
Retn:
REAL PROPERTY
EXT 8991
INTER OPPICE/CINDY
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made this z.s day of
~ ,2009, by between WCI COMMUNITIES, INC., a Delaware
corporation, hose address IS 24301 Walden Center Drive, Bonita Springs, FL 34134,
(hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of
the State of Florida, on behalf of the Airport Authority for the Marco Island
Executive Airport, whose post office address is 3301 Tamiami Trail East, Naples,
Florida, 34112 (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument
and their respective heirs, legal representatives, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit:
See Attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, or conditions of record.
THIS IS VACANT, UNIMPROVED, AND NOT HOMESTEAD PROPERTY.
IN CONNECTION with Grantee's development and or use of the said property,
Grantee agrees that it shall install a landscape buffer that meets the minimum
requirements of the Land Development Code. Grantee agrees to install lighting that
meets the minimum requirements of the Land Development Code and the Federal
Aviation Administration design standards.
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons claiming by, through,
?~~Dcg~v~~~:~~ ~CCEPTED BY TME
.ULLIER COUNTY OMMISSIONfRS.
'URSUANT TO AG' FLORIDA.
'ATEO' 'sENDA.
. .1..1' !.l.'<R ITEM NO. /{..(.f
OR: 4434 PG: 3381
and under Grantor, but none other; and that said land is free of all encumbrances
except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
WITNESS
Signature)
fY\c:..v ~ Cc...('t ,'\
(Printed Name)
WCI COMMUNITIES, INC., a Delaware
corporation
~ '/... X!lW/lI-(
(Signature)
(Q~N~:; L. Ldver~
BY:JZ-o ~
Paul Erhardt, Vice President
STATE OF FLO~IDA
COUNTY OF (j....~ [ ~
The f~going Special Warranty Deed was acknowledged before me this d ,':)
day of \, L O~ , 2009 by Paul Erhardt, Vice President, on behalf of WCI
Communities, Inc., a Delaware corporation, who (check one):
J is personally known to me
OR
produced
identity.
as proof of
(affix notarial seal)
~Rr(}7ClR K '~(LLrt-
(Signature of Notary Public) ,
(Print Name of Notary Public)
Serial/Commission # (if any):
My Commission Expires:
Approved as to form and
legal sufficiency:
~'f>u~
Jen r B. White
Assistant County Attorney
....................
r........OEBoR"AH.i<. FOLEY i
. ,.,,~ commo DD0453071 ,
\@~..,,~\ _"1111/20OO i
~ . . (...~.~....
. ,i'f'..-.... ........-.,
~Of,..~::.i . NatarY AMn..1nc
"'Vl~_.f.,:.~....".._.........&
.............
*** OR: 4434 PG: 3382 ***
Exhibit" A"
Tract A, MARCO SHORES UNIT ONE, according to the plat thereof as recorded in Plat
Book 14, Pages 33-38, inclusive, of the Public Records of Collier County, Florida, LESS
AND EXCEPT THAT CERTAIN PROPERTY DESCRIBED BELOW:
Beginning a the northeast corner of said Tract "a";
Thence along the east line of said Tract "a" South 11 059'55" East 332.93 feet to a
point on the north right of way line of Mainsail Drive according to the plat of said
Marco Shores Unit One;
Thence along said right of way line South 77054'19" West 131.94 feet;
Thence leaving said right of way line North 12000'24" West 307.62 feet to a point
on the boundary of said Tract "a";
Thence along said boundary in the following two (2) described courses,
1. North 24045'16" East 7.32 feet;
2. North 69014'17" East 129.11 feetto the Point of Beginning ofthe parcel herein
described;
Bearings are based on the east line of said Tract "a" being South 11059'55" East.
Property Identification Number: 59430600005