Parcel 119BTO:
FROM:
MEMORANDUM
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
RECEIVED
~oar~ of Count,v C°mmfssfoners
ERNIE W. KERSKIE, REAL PROPERTY SPECIALIST II
REAL PROPERTY MANAGEMENT DEPARTMENT
DATE: APRIL 03, 2000
RE:
PINE RIDGE ROAD WIDENING PROJECT
COLLIER COUNTY PROJECT NO. 60111
PARCEL 119B / Bay Winds Lodging, LLC
Attached you will find one (1) Purchase Agreement for execution by Chairman
Timothy J. Constantine concerning the above transaction. Please be advised
that Robert Zachary, Assistant County Attorney and Micah Massaquoi have both
reviewed and approved the attached document.
The Board of County Commissioners of Collier County, Florida approved the
acquisition by gift, purchase or condemnation in Resolution 99-384, Item
8(d)(1), dated September 28, 1999. Also, pursuant to Resolution 99-384,
Paragraph 8, the Board has authorized its present Chairman and any
subsequent Chairman, for the life of the Project, to execute any instruments
which have been approved by the Office of the County Attorney.
Once the Agreement has been executed, please forward same to Ellie Hoffman,
Records Technician III, Minutes and Records Management, for attestation by the
Clerk to the Board. Ms. Hoffman will then call me at extension 8991 for pick-up
of the original document so that I may record.
Thank you.
Attachment as stated
PROJECT: Pine Ridge Road
PARCEL: 119B
FOLIO: 2){~Li~"~i/,t0000
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered by and between BAY WINDS LODGING, LLC, a Florida limited liability company,
(hereinafter referred to as "Owner"), and COLLIER C;OUNTY, a political subdivision of the State of
Florida, its successors and assigns (hereinafter referred to as "Purchaser");
WHEREAS, Purchaser requires a fee simple interest in the lands described in Exhibit "A",
which is attached hereto and made a part of this Agreement, (hereinafter referred to as the
"Property"); and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, under
the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property to
Purchaser·
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 are hereby mutually
acknowledged, it is agreed by and between the parties as follows:
Owner shall convey the Property to Purchaser via a Warranty Deed in exchange for the sum of
$9,100.00 (Nine Thousand One Hundred Dollars), payable by County Warrant (said transaction
hereinafter referred to as "Closing"). Said payment shall be full compensation for the Property
conveyed, including all landscaping, trees, shrubs, improvements and fixtures located thereon,
and for any damages resulting to Owner's remaining lands, and for any and all other damages
in connection with the conveyance of said Property to Purchaser.
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,
release or subordinate such encumbrances from the Property upon their recording in the public
records of Collier County, Florida·
This Agreement shall be null and void and of no further force or effect unless Closing shall occur
within sixty (60) days of the date Purchaser executes this Agreement; provided however, that
Purchaser, at its sole discretion, may extend the term of this Agreement indefinitely pending
receipt of such properly executed instruments which either remove, release or subordinate any
and all liens, encumbrances and/or qualifications which might interfere with 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.
Owner shall pay its pro-rata share of taxes, assessments, or other term expenses of the
Property through the day before the Closing.
Owner shall convey a marketable title to the Property 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. The Owner will, if title is
found unmarketable, use diligent effort to correct defect(s) in the title within the time provided
therefor including the bringing of necessary suits. Any and all documents to clear title to the
Property shall be provided to Purchaser on or before the date of Closing.
=
The Purchaser shall pay for all costs of recording the deed. All other costs associated with this
transaction including, but not limited to, transfer, documentary and intangible taxes, and costs
for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for
paying any costs and/or fees associated with the obtaining and recording of Releases and
Subordinations of liens recorded against the Property. The cost of a title commitment shall be
paid by Purchaser.
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,
10.
11.
12.
13.
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.
Owner 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 Section 7. This provision shall survive closing and is
not deemed satisfied by conveyance of title.
Conveyance of the Property, or any interest in the Property, by the Owner is contingent upon no
other provisions, conditions, or premises other than those so stated above; 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.
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.
If the Owner holds the Property in the form of a partnership, limited partnership, corporation,
trust or any form of representative capacity whatsoever for others, Owner shall make a written
public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and
address of every person having a beneficial interest in the Property before the Property held in
such capacity is conveyed to Purchaser. (: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.)
This Agreement is governed and construed in accordance with the laws of the State of Florida.
This Purchase Agreement and the terms and provisions hereof shall be effective as of the date
this Purchase 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 assignees, whenever the context so requires or admits.
Property acquisition approved by BCC pursuant
to Resolution No. 99-384, Item 8(D)1, September 28, 1999
AS TO PURCHASER:
BOARD OF COl ~NTY COMMISSIONERS
COLLIER 0NTY, FLORIDA
E R T ~/N ~,~I/'RI2.A
BY: TI T N
AS TO OWNER:
DATED:
(Printed Name)
.-', (Signature)
~~Name)
BAY WINDS LODGING, LLC, a Florida limited
liability company
BY:
(Printed Na~e'~it~
Approved as to form and
legal sufficiency:
Assistant County Attorney
Revteveed and Approved b~:
Date:
Pub1 {c
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
LEGAL DESCRIPTION (NOT A SURVEY)
PROJECF NO..60111
PARCEL NO ..... 119B
FOLIO NO...~45~ 1400a9
EXHIBIT
Page.
A PORTION OF TRACT 44 OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 35,AS
RECORDED IN PLAT BOOK 7, PAGE 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG
THE SOUTH LINE OF SAID SECTION 7, A DISTANCE OF 1299.78 FEET; THENCE NORTH 0 DEGREES 26
MINUTES 26 SECONDS WEST, A DISTANCE OF 38.64 FEET TO THE NORTH RIGHT OF WAY LINE OF
PINE RIDGE ROAD; THENCE SOUTH 84 DEGREES 20 MINUTES 44 SECONDS EAST, A DISTANCE OF 61.53
FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A
RADIUS OF 5654.58 FEET AND A CENTRAL ANGLE OF 3 DEGREES 07 MINUTES 10 SECONDS; THENCE
EAST ALONG SAID CURVE, A DISTANCE OF 307.86 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING EAST ALONG SAID CURVE, A DISTANCE OF 51.79 FEET TO THE POINT OF CURVATURE
OF A NON-TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 34.00 FEET, A CENTRAL
ANGLE OF 18 DEGREES 26 MINUTES 53 SECONDS, AND A CHORD OF 10.90 FEET BEARING NORTH 8
DEGREES 54 MINUTES 24 SECONDS WEST; THENCE NORTH ALONG SAID CURVE, A DISTANCE OF
10.95 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 4.30 FEET TO
THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A
RADIUS OF 5639.58 FEET, A CENTRAL ANGLE OF 0 DEGREES 30 MINUTES 35 SECONDS, AND A CHORD
OF 50.18 FEET BEARING NORTH 87 DEGREES 42 MINUTES 43 SECONDS WEST; THENCE WEST ALONG
SAID CURVE, A DISTANCE OF 50.18 FEET; THENCE SOUTH 0 DEGREES 26 MINUTES 26 SECONDS EAST,
A DISTANCE OF 15.02 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING
0.017 ACRE (758 SQUARE FEET), MORE OR LESS.
BASIS OF BEARINGS IS THE SOUTH LINE OF SAID SECTION 7 BEING NORTH 89 DEGREES, 34 MINUTES,
36 SECONDS EAST.
PARCEL 119B
PREPARED BY . ~ R. RiCHMON~~D,A~E''~ "ZIJ/~'~t"E
PROFESSIONAL LAND SURVE>LO.R:FL. REG # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112 SHEET 1 OF 2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMiAMI TltaIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
EXHIBIT A
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GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION
4) TWP. = TOWNSHIP
5) RGE. = RANGE
6) R/VV = RIGFIT Of WaY
7) ALL DISTANCES ARE IN FEET AND DECIMALS I I IEt,tEOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
DRAWN BY (.;HI::(:.KEIJ BY SCALF.
NOT TO SCALE
JANUARY 11, 2000
~ G
LU
FILE NO,
PRl19
SHEET 2 OF 2