Parcel 149FEE, 149TCE & 149TDRE PROJECT: 68056(Collier Boulevard)
PARCEL No(s): 149FEE, 149TCE & 149TDRE
FOLIO No(s): 37930500009
PURCHASE AGREEMENT
THIS PURCHASE AGREEMEN (hereinafter referred to as the "Agreement") is
made and entered into on this l • day of 20 Vz., by and
between NATIONAL RETAIL PROPERTIES, LP, a Delaware limited partnership,
whose address is 450 South Orange Avenue, Suite 900, Orlando, Florida 32801,
(hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office
of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as
"County").
WHEREAS, County requires a fee estate in that land described in Exhibit "A"
(Project Parcel No. 149FEE), a temporary construction easement over that land
described in Exhibit "B" (Project Parcel No. 149TCE), and a temporary driveway
restoration easement across that land described in Exhibit "C" (Project Parcel No.
149TDRE) (hereinafter collectively 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 County for the stated
purposes,on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Property; and
WHEREAS, Owner and County agree that Owner's driveway connection onto
Collier Boulevard should be relocated to the north and reconfigured in substantial
conformance with the plans attached hereto as Exhibit"D."
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. 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. The purchase price (the "Purchase Price") for the Property shall be $250,000
(U.S. Currency) payable at time of closing, subject to the apportionment and
distribution of proceeds pursuant to Paragraph 9 of this Agreement (said
transaction hereinafter referred to as the "Closing"). Said payment to Owner,
payable by County Warrant or electronic funds transfer, shall be full
compensation for the Property conveyed, including all landscaping, trees,
shrubs, improvements, and fixtures located thereon, and shall be in full and
final settlement of any damages resulting to Owner's remaining lands, costs to
cure, including but not limited to the cost to relocate the existing irrigation
system and other improvements, and the cost to cut and cap irrigation lines
extending into the Property, and to remove all sprinkler valves and related
electrical wiring, and all other damages in connection with conveyance of said
Property to County, including all attorneys' fees, expert witness fees and costs
as provided for in Chapter 73, Florida Statutes.
3. Owner shall convey a marketable title, as determined according to applicable
title standards adopted by the Florida Bar and in accordance with law, subject
to all matters of record except as provided in the following sentence. Owner
shall obtain from the holders of any mortgages or monetary liens placed on the
Page 2
property by Owner or Owner's tenant, or due to the actions or inaction of
Owner or Owner's tenant, 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. Prior to Closing and
as soon after the execution of this Agreement as is possible, Owner shall
provide County with a copy of any existing title insurance policy and the
following documents and instruments properly executed, witnessed, and
notarized where required, in a form acceptable to County (hereinafter referred
to as"Closing Documents"):
(a) Special Warranty Deed in the form attached hereto as Exhibit"E";
(b) Temporary Construction Easement in the form attached hereto as
Exhibit"F";
(c) Temporary Driveway Restoration Easement in the form attached
hereto as Exhibit"G";
(d) Owner Affidavit;
(e) Public Disclosure Affidavit(or Exemption Affidavit);
(f) Subordination, Consent and Joinder with waiver and release from
any and all claims of business damages from The Pantry, Inc., doing
business at 4025 Pine Ridge Road, Naples, Florida, as "Kangaroo
Express"in the form attached hereto as Exhibit"H";
(g) Closing Statement;
(h) Grantor's Non-Foreign, Taxpayer Identification and "Gap"Affidavit;
(i) W-9 Form; and
(j) Such evidence of authority and capacity of Owner and its
representatives to execute and deliver this agreement and all other
documents required to consummate this transaction, as reasonably
determined by County's counsel and/or title company.
4. Both Owner and County agree that time is of the essence. Therefore, Closing
shall occur within ninety(90) days of the date of execution of this Agreement or
within thirty (30) days of County's receipt of all Closing Documents, whichever
is the later. This agreement shall remain in full force and effect until Closing
shall occur, until and unless it is terminated for other cause. At Closing,
payment shall be made to Owner in that amount shown on the Closing
Statement as "Net Cash to the Seller." County shall be.entitled to full
possession of the Property at Closing.
5. County shall relocate and reconfigure Owner's driveway onto Collier Boulevard
in substantial conformance with the plans attached hereto as Exhibit"D" as an
integral and inseparable part of its Collier Boulevard six-laning project known
as Collier Boulevard Project No. 68056 (Green Boulevard to Golden Gate
Boulevard).This provision shall survive Closing.
6. Owner agrees to relocate any existing irrigation system located on the Property
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project and upon notification to Kangaroo Express from
County. Owner assumes full responsibility for the relocation of the irrigation
system on the remainder property and its performance after relocation. Owner
holds County harmless for any and all possible damage to the irrigation system
in the event owner fails to relocate the irrigation system prior to construction of
the project.
Page 3
If Owner elects to retain improvements and/or landscaping (Improvements")
located on the Property, the Owner is responsible for their retrieval prior to the
construction of the project and upon notification to Kangaroo Express. Owner
acknowledges that County has compensated Owner for the value of the
Improvements and yet County is willing to permit Owner to salvage the
Improvements as long as their retrieval is performed before construction and
without interruption or inconvenience to the County's contractor. All
Improvements not removed from the Property prior to construction of the
project commences shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance
of title.
7. Owner and County agree to do all things which may be reasonably required to
give effect to this Agreement.
8. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the
Property, to enter into and to execute this Agreement, to execute,
deliver and perform its obligations under this Agreement and the
instruments executed in connection herewith, to undertake all
actions and to perform all tasks required of Owner hereunder and to
consummate the transaction contemplated hereby.
(b) No party or person other than County has any right or option to
acquire the Property or any portion thereof.
(c) Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Owner 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,
without first obtaining the written consent of County to such
conveyance, encumbrance, or agreement which consent may be
withheld by County for any reason whatsoever.
(d) To Owner's actual knowledge there are no maintenance,
construction, advertising, management, leasing, employment,
service or other contracts to which owner is a party affecting the
Property except for the Kangaroo Express lease and matters of
record.
(e) Owner has no knowledge that there are any suits, actions or
arbitration, administrative or other proceedings pending or to
Owner's actual knowledge, without any duty to investigate, or
governmental investigations or requirements, formal or informal,
existing or pending or threatened which affect the Property or which
adversely affect Owner's ability to perform hereunder.
(f) County is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding
that Owner will not cause the physical condition of the Property to
materially and adversely change from its existing state on the
effective date of this Agreement up to and including the date of
Closing. Therefore, Owner 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 materially and adversely
affect the physical condition of the Property or its intended use by
County.
Page 4
9. County shall pay all fees to record any curative instruments required to clear
title, and all deed and easement instrument recording fees. In addition, County
may elect to pay reasonable processing fees required by mortgagees in
connection with the execution and delivery of 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 due to any diminution in the value of its
property right, 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. County shall have sole discretion as to what constitutes
"reasonable processing fees."
10. There shall be deducted from the proceeds of sale all prior year ad valorem
taxes and assessments levied against the parent tract property which remain
unpaid as of the date of Closing.
11. All current 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. Real Property taxes shall be prorated based
on the current year's tax and paid by Owner. If Closing occurs at a date when
the current year's millage is not fixed, taxes will be prorated based upon such
prior year's millage.
12. 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.
13. 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, subject to the penalties prescribed for perjury, 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 County, 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.)
14. 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. No modification, amendment or
consensual cancellation of this Agreement shall be of any force or effect unless
made in writing and executed and dated by both Owner and County.
15. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity.
16. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO CO NTY:
DATED:{ Y( A 1 zD13
,p,:r S$o4�r BOA:• • CooUNTY OMMISSIONERS
DQl 4Tf- K, Clerk CO IER 0 NTY LORIDA
..t.,l ,� ! ∎ It BY:
A " -17 to�C1 ai ...fir;-g �. -T 177.1'‘A. HILLER, Esq.
. 0., oman
signa1i only s- ..
AS TO R. NATIONAL RETAIL ROPERTIES, ,
a Delaware limited partnership
By: NNN GP Corp., a Delaware
corporatio as its general partner
DATED: 3- / —i3 q
I G(
, . r , 4 J f_ , By:
'tness (Signature) (Signature)
Kella Schaible Paul E. Bayer
Name (Print or Type) (Print Name)
Executive Vice President
to ss(Signature) (Corporate Title)
Name (Print or Type)
Approved as to form and
legal -u iciency: .
j' o I`
A- ' t County Attorney
Last Revised:2-27-2012
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EXHIBIT
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= EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE FEE SIMPLE
PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD 800K 2, PAGE 100
INTEREST :
LEGAL DESCRIPTION FOR PARCEL 149FEE
A PORTION OF TRACT 110, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE
PUBLIC RECORDS OF COWER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 110;
THENCE 5.0029'08°E., ALONG THE EAST UNE OF SAID TRACT'110, FOR 255.02 FEET;
THENCE S.89131'35"W., FOR 120.0; PEET:
THENCE N.00'30123"W., FOR 4.00 FEET:
THENCE N.89'31'35"E., FOR 180.01 FEET;
THENCE N,63'53'00"E., FOR 27 73 FEET:
THENCE N,2958'559E., FOR 19.72 FEET:
THENCE N.00129'0ErW,, FOR 222.02 FEET TO A POINT ON THE NORTH UNE OF SAID TRACT 110;
THENCE N.89'31'419E., ALONG THE NORTH UNE OF SAID TRACT 110, FCR 10,00 FEET TO THE POINT OF BEGINNING,
CONTAINING 3,765 SQUARE FEET MORE OR LESS.
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SKETCH & DESCRIPTION ONLY
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SCALE:1%•80' SiONitiO WE:
NOT VAUD WOHOUT 1HE oR1014.1.SioNATuRE at MISER DMOSSFII SEAL OF
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA RECiSTEREO FR.:AMMON&SURvEYOR ANO■APPER. i
COLLIER BOULEVARD
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SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
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PARCEL 1 49FEE
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COLLIER COUNTY, FLORIDA
Naples,Florio 64:09
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06 NUME:ER RENISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN ay FILE NAME SHEET
050106.02.00 0006 ILNN3 15 49 26 i" = 801 04-02-08 S.D 1 i.IN 26 SE1411FEE 1 OF 1
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LA UNIT 26
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PT BOOK 7 PAGE 15
4, LI 1 S8D'31'41"W 10,00' i
CONSTRUCTION -ASF EM EN 04
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PARCEL 14CTCE 81..-- //K;',./1
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NATIONAL RETAIL PROPERTIES LP A
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OR = OFFICIAL RECORDS (8-00K/PAGE) TEMPORARY
PROPOSED 5' TEMPORARY CONSTRUC,T1ON EASEMENT
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CONSTRUCTION EASEMENT
i Lx/2 PROPOSED RIGHT OF WAY
DURATION .,? YEARS.
ii, ,---/-77-1 EXISTING RIGHT OF WAY DEIDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 7, PAGE 13
LEGAL DESCRIPTION FOR PARCEL 14BICE
a A PORTION CF TRACT :70, GOLDEN GATE ESTATES, UNIT 25 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOOTH. RANGE 25 EAST,
COLLiER COUNTY, FLOR:DA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AI THE NORTHEAST CORNER OF SAID TRACT 110;
THENCE 5853141"W., ALONG THE <C TN LINE OF SAID TRACT'. 110 FOR 10,00 FEET TO THE PONT OF BEGINNING
OF THE FOLLOWING DESCRIBED PARCEL;
THENCE S.00-2908."E., FOR 222.02 FEET;
THENCE S.29-58'55"W., FOR 13.75 FEET;
THENCE S.53'53'00"W, FOR 27.73 FEET;
THENCE S.89-31'35-W., FOR 1E0,01 FEET:
THENCE N.00-30'23'W., FOR 5.:,,C FEET;
THENCE N.893135*E,, FOR 175.87 FEET;
THENCE N.03'53'00"E., FOR 25.07 FEET;
THENCE N.29'S8'5 'E., FOR 16.54 FEET;
THENCE N.00'29'03"w., FOR 220.36 FEET;
THENCE N.55-31'41"E., FOR 5.00 FEET TO THE POIN T OF BEGINNING,
CONTAINING 2,227 SQUARE FEET MORE OR LESS, /oV14)4(ILV-"IID)°1'
SKETCH & DESCRIPTION ONLY 11 ! .6.0 ICU
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SCALE:1"...da* 51.7R4it:aar:
..)T sek 47 VOMMY 1.■C MONA.SECMATUilE k RAISED r.i.dC1.52.Z.54,CT
FOR: COLLIER COUNTY GOVERNMENT tIOARD or couNry' commrssicNERE A FWAXIA RES:WISED,44(.4-E.SZONAL SIMATUR 0,43 MAPPER.
COLLIER BOULEVARD
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SKETCH St DESCRIPTION On
CON SI; TING' Ce0.E.06,2e00i1 .
PROPOSED TEMPORARY CONSTRUCTION EASEMENT J4 IL.T "IA. -14 sumyles 3,mapp44
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PARCEL 149TC2
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Peeee:(.2-1■407-0Eri6 FAX:f.4.5)Vii•an
COLLIER COUNTY, FLORIDA
Lti Ma:at2
JOB NUMBER REVISION SECTION TOWNsHIP- RANGE SCALE DATE -I DRAWN BY FILE. NAME SHEET
030105.02 00 0006 RS 1 5 49 25 1" -= 80' 04-(72-08 S;0 I, 0076 SKI 49,TCE , 1 OF 1
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— N_..._— 660'(P) TRACT 109 x,11
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65 ( 155 I I� .
PROPOSED TEMPORARY 1 0 NERVO TRACT 110 DRIVEWAY RESTORATION t►
x OR 36'0/1630 GOLDEN GATE ESTATES EASEMENT
UNIT 26 PARCEL 149TDRE '11 •
PLAT BOOK 7 PAGE 15 5.57&SC
TEMPORARY
CONSTRUCTION EASEMENT— ---
i 104
10'
EAST 225 OF TRACT 1T1 HE ►fir r .�
EXCEPTING THEREFROM THE €./
SOUTHERLY 75'
NATIONAL RETAIL PROPERTIES LP '►,
OR 4157/2352 ''
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660'(P) PINE RIDGE RD. 1 a I
OR = OFFICIAL RECORDS (BOOK/PAGE) ,
=I it PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT
'I PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT TECM—ROW 1
MI PROPOSED RIGHT OF WAY �l c 2010
MAR EXISTING RIGHT OF WAY DEDICATED TO THE USE L U YIY
OF THE PUBLIC PER PLAT BOOK 7, PAGE 15
LEGAL DESCRIPTION FOR PARCEL 149TDRE
A PORTION OF TRACT 110. GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING iN SECT?ON 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLL ER COUNTY, FLORIDA, SEING MORE PARTICULARLY DESCRIBED AS FOLLOWS -
THE NORTH 55 FEET OF THE WEST 65 FEET OF THE EAST 180 FEET OF SAID TRACT 110. "
CONTAINING 3,575 SQUARE FEET, ".ACRE OR LESS.
/1.0“/7
0 40 80 160 8Y'1.•
wLNAEL A WARD.PROEESS,ONAL LAID 5U�YOR
SKETCH & DESCRIPTION ONLY I >— , FLORIDA REG.STRAT■ON OEgr�cif.ATE 5301
NOT A BOUNDARY SURVEY SCALE: 1°=80' SIGNING DATE .?,�. J
NOT VALID N1TNOur THE ORIGNAL SIGNMTU E! E EMBOSSED SEAL Or
FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS A FLORIDA REGISTERED PROrESS,OwY SURVEYOR AND MAPPER.
COLLIER BOULEVARD DTX /j\
SKETCH & DESCRIPTION OF: CONSUi�Hi3
PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT 1.1 7.t 1 swoyls�tR.ppiRt Ova
8610 W4Now Perk Wrbe,Suite 200
• PARCEL 149TDRE Naples,Sonde 34'09
COLLIER COUNTY, FLORIDA Phone,IST9I89 0 :+A 879)897-0578 i le No.:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE I DATE DRAWN 8Y FILE NAME SHEET
050106,02.00 0006 REV#6 15 49 26 = 80' 3/23/10 PIN I UN26 SK1491DRE I I OF 1
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EXHIBIT ` _
Page / of
PROJECT: 68056 (Collier Boulevard)
PARCEL NO.: 149FEE
FOLIO NO.: 37930500009
SPECIAL WARRANTY DEED
THIS WARRANTY DEED made this day of , 20_, by
NATIONAL RETAIL PROPERTIES, LP, a Delaware limited partnership, whose address
is 450 South Orange Avenue, Suite 900, Orlando, Florida 32801 (hereinafter referred to
as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida,
whose post office address is 3299 Tamiami Trail East, c/o the Office of the County
Attorney, Suite 800, 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. Grantor and Grantee are used for singular or plural, as the context requires.)
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.
This property was not acquired by the County pursuant to a petition in eminent domain
regarding said property and is not subject to the restrictions imposed by Section 73.013,
Florida Statutes.
Subject to easements, restrictions, and reservations of record.
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, except as noted
above, at the time of delivery of this deed the land was free from all encumbrances
made by Grantor, and Grantor will warrant the title to said land and defend the same
against the lawful claims and demands of all persons claiming by, through or under
Grantor, but against none other.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these
presents the day and year first above written.
(THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
EXHIBIT "kk_
Page of 2
WITNESSES: NATIONAL RETAIL PROPERTIES, LP,
a Delaware limited partnership
By: NNN GP Corp., a Delaware
corporation, as its general partner
By:
(Signature)
(Print Full Name) (Print Full Name)
(Signature) (Title)
(Print Full Name)
STATE OF
COUNTY OF
The foregoing Special Warranty Deed was acknowledged before me this day of
, 20 , by , as
of NNN GP Corp., a Delaware corporation, as
general partner of National Retail Properties, LP, a Delaware limited partnership, on
behalf of the partnership, who:
is personally known to me
OR
produced as proof of
identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial/Commission#(if any):
My Commission Expires:
Last Revised:10/15/10
EXHIBIT 1:o
P of
PROJECT: 68056(Collier Boulevard)
PARCEL NO.: 149TCE
FOLIO NO.: 37930500009
TEMPORARY CONSTRUCTION EASEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT is made and entered into this
day of , 20 , by NATIONAL RETAIL PROPERTIES, LP, a
Delaware limited partnership, whose mailing address is 450 South Orange Avenue,
Suite 900, Orlando, Florida 32801 (hereinafter referred to as "Grantor"), to COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299
Tamiami Trail East, do the Office of the County Attorney, Suite 800, 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. Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
That the Grantor, for and in consideration of Ten Dollars ($10.00) and other
valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby
acknowledged, hereby conveys,grants, bargains and sells to the Grantee, a Temporary
Construction Easement to enter upon the lands described as follows:
SEE ATTACHED EXHIBIT"A"which is
incorporated herein by reference,
for the purpose of constructing roadway, sidewalk, drainage and utility facilities within
the public right-of-way immediately adjacent thereto.
The term of this Temporary Construction Easement shall commence upon the
issuance of Grantee's official Notice to Proceed to its roadway contractor for the
construction of Collier Boulevard Project No. 68056, and shall automatically terminate
1,095 days therefrom.
Upon completion of the construction of improvements within the public right-of-
way immediately adjacent to the Temporary Construction Easement, Grantee shall use
its best efforts to restore the surface of the Temporary Construction Easement area to
its pre-existing condition.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
AS TO GRANTOR: NATIONAL RETAIL PROPERTIES, LP,
a Delaware limited partnership
By: NNN GP Corp., a Delaware
corporation, as its general partner
By:
Witness:
Print Name: (Print Full Name)
Witness: (Title)
Print Name:
EXHIBIT
Page of
STATE OF
COUNTY OF
The foregoing Temporary Construction Easement was acknowledged before me this
day of , 20 ,by
as of NNN GP Corp., a Delaware corporation, as
general partner of National Retail Properties, LP, a Delaware limited partnership, on
behalf of the partnership, who:
is personally known to me
OR
produced as proof of
identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial/Commission#(if any):
My Commission Expires:
Last Revised 10/15/10 2
.........____.....
,
EXHIBIT
Page, 1 of
PROJECT: 68056(Collier Boulevard)
PARCEL No: 149TDRE
FOLIO No: 37930500009
TEMPORARY DRIVEWAY RESTORATION EASEMENT
THIS EASEMENT is made and entered into this day of
20 , by NATIONAL RETAIL PROPERTIES, LP, a Delaware limited partnership,
whose mailing address is 450 South Orange Avenue, Suite 900, Orlando, Florida 32801
(hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office
of the County Attorney, Suite 800, 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. Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESS ET H:
That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and
other valuable consideration paid by the Grantee, receipt and sufficiency of which is
hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a
Temporary Driveway Restoration Easement (hereinafter referred to as the "TDRE") to
enter upon the lands of the Grantor, described as follows(the"Easement Area"):
See attached Exhibit"A", which is
incorporated herein by reference.
THIS IS NOT HOMESTEAD PROPERTY
The Easement Area shall be used by Grantee for the purpose of filling, grading
and placing concrete, asphalt or rock on the Grantor's lands for the purpose(s) of
constructing, with materials of like kind, a driveway/turnout and/or to provide for
continuous transition between the existing driveway and the newly constructed road,
sidewalk and drainage improvements to/for Collier Boulevard Project No. 68056. This
easement includes the right to remove and use any and all excavated material.
The term of this TDRE shall commence upon the issuance of Grantee's official
Notice to Proceed to its contractor for the construction of Collier Boulevard Project No.
68056 and shall automatically terminate three years therefrom,
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be
executed the day and year first above written.
(THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
EXHIBIT L,
Page <' of
WITNESSES: NATIONAL RETAIL PROPERTIES, LP,
a Delaware limited partnership
By: NNN GP Corp., a Delaware
corporation, as its general partner
By:
(Signature) (Signature)
(Print Name) (Print Name)
(Signature) (Corporate Title)
(Print Name)
STATE OF
COUNTY OF
The foregoing Temporary Driveway Restoration Easement was acknowledged before
me this day of , 20 , by
as of NNN GP Corp., a Delaware corporation, as
general partner of National Retail Properties, LP, a Delaware limited partnership, on
behalf of the partnership,who:
is personally known to me
OR
produced as proof of
identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
Serial/Commission#(if any):
My Commission Expires:
Last Revised; 10/15,/10
EXHIBIT
Page, 1 of
PROJECT: Collier Boulevard (68056)
PARCEL NO: 149FEE, 149TCE& 149TDRE
FOLIO NO: 37930500009
SUBORDINATION, CONSENT AND JOINDER
THIS SUBORDINATION, CONSENT AND JOINDER given this day. of
, 20 by THE PANTRY, INC., a Delaware corporation, whose
mailing address is 305 Gregson Drive, Cary, North Carolina 27511, who is doing
business as "Kangaroo Express" at 4025 Pine Ridge Road, Naples, Florida 34119
(hereinafter referred to as "Lessee"), in favor of COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns, whose mailing address
is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples,
Florida 34112 (hereinafter referred to as"County").
WITNESSETH:
WHEREAS, Lessee is has effected constructive notice of its interest in that
certain real property described as "The Easterly 225 feet of Tract 110, excepting
therefrom the Southerly 75 feet, Golden Gate Estates Unit No. 26, according to the plat
thereof, recorded in the public records of Collier County, in Plat Book 7, Pages 15 and
16," by its recording of a Memorandum of Lease in the Official Records of Collier
County, Florida in OR Book 4157, Pages 2356 through 2359, encumbering the
premises legally described therein (hereinafter referred to as the "Encumbered
Property");
WHEREAS, County has requested from the fee simple owner of the Encumbered
Property a warranty deed conveying a fee simple interest in a portion of said
Encumbered Property described in Exhibit "A" (Project Parcel No. 149FEE), and a
temporary construction easement over, under, on and across a portion of the
Encumbered Property described in Exhibit "B" (Project Parcel No. 149TCE), and a
temporary driveway restoration easement over, under, on and across a portion of the
Encumbered Property described in Exhibit "C" (Project Parcel No. 149TDRE), which
exhibits are attached hereto and incorporated herein; and
WHEREAS, County has requested that Lessee consent to, join in and
subordinate its real property interest to the interests that. County is acquiring from the
Encumbered Property,to which request Lessee has agreed.
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00)and other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Lessee does hereby consent to, join in and subordinate the lien of its
encumbrance to the County's real property interests described in Exhibits A, B and C,
and hereby releases County from any and all claim and/or demand for recovery of
business damages as defined in Chapter 73, Florida Statutes. This Subordination is
effective whether County acquires the property through donation, negotiated sale, or by
eminent domain.
(THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
EXHIBIT .
Page 2- of 2_
IN WITNESS WHEREOF, the Lessee has caused these presents to be executed this
day of , 20 ,
WITNESSES: THE PANTRY, INC., a Delaware
corporation
By:
(Signature) (Signature)
(Print full name) (Print name)
(Signature) (Corporate Title)
(Print full name)
STATE OF
COUNTY OF
The foregoing Subordination, Consent and Joinder was acknowledged before me
this day of , 20_by
as of The Pantry, Inc., a Delaware corporation, who:
is personally known to me
OR
who has produced as proof of identity.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission#(if any)
My Commission Expires:
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routintlines#1 through#2,complete the dkcklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office 3/1 2fi 3
Attn: Jeff Wright
4. BCC Office Board of County �N `
Commissioners 'y t/ 3t1c\1Z
5. Minutes and Records Clerk of Court's Office =11c3
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Rebecca Harding Phone Number 252-5805
Contact/ Department Transportation Engin g ROW /
Agenda Date Item was November 13,2007 Agenda Item Number 10B ✓
Approved by the BCC
Type of Document Purchase Agreement Number of Original 1
Attached Documents Attached
PO number or account
number if document is tt
to be recorded
INSTRUCTIONS& CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. /V/4--
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed ( ,
by the Office of the County Attorney.
4. All handwritten stile-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board (A-
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. r cc S�V care.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ,J
signature and initials are required. /�j f'�
7. In most cases(some contracts are an exception),the original document and this muting slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain /Q_
time frame or the BCC's actions are nullified. Be aware of our deadlines! //�j
8. The document was approved by the BCC on 11-13-07()and all changes
made during the meeting have been incorporated in the attached document. The '�i/
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the (9 ,
Chairman's signature.