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Parcel 114 & 115MEMORANDUM TO: FROM: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS WILMA J. IVERSON', SENIOR SPECIALIST REAL PROPERTY MANAGEMENT DATE: May 6, 1999 RE: IMMOKALEE ROAD IMPROVEMENTS COLLIER COUNTY PROJECT NO. 69101 Parcel: 114 & 115 Attached you will find one Purchase Agreement for execution by Chairwoman, Pamela S. Mac'Kie concerning the above transaction. Please be advised that Heidi F. Ashton, Assistant County Attorney, has 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 99-80, Item 8 (b) (2), dated January 26, 1999. 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 document pick-up. Thank you. Attachments as stated PROJECT: Immokalee Road PARCEL: 114& 115 FOLIO: 00195040001 00195480001 PURCi IASE AGREE,M ENT TillS I)URCflASE AGREEMENT (hcrcirmflcr rtl'erred lo as/thc "Aurccmcnt") ~- made / and entered into by anti between DANIEl. D. PECK,-h'NDt%~~ AS (hereinafter referred Io as "Owner"). and COI,I,IER COUNTY. a political sul',divisio;: ,,F thc State of Florida. its successors and assigns (hereinafter referred to as "l'urchascr"): WIIF. R[-~AS, Purchaser requires a fcc estate itl that hind described in t:.xhit,~r ":V' (hereinafter referred to as thc "Property"). u,'hich is attached hcrcto and made a part ,,I' this Agreement; WI. tEREAS. Owner des;rcs lo convey the Properly to Purchaser fi~r thc st:~lcd puq'x,.cs, on the ten'ns and conditions scl for~ll herein; and WI fEREAS. Purchaser has agreed lo compcnsale Owner for conveyance (,i' thc I'ropcrty; NOW TI IF.R['~FORE. itl consideration of these premises. and other good and valuable consideration, the receipl and mutually acknowledged, it is agreed by and between thc part;cs thc sum (it' Ten I)ollars (S I~.00). sufficiency ol' which is hcrcbv ;ts fi)llov, s: I. Ov.'ncr shall convey Ihe Property It) Purchaser /'or tile sum of S35.000.00, pa.,,'ah!c bv Cotmty Warrant (said Iransaclion hcrcinaflcr refcrrcd lo as tile "Ch)sing"). Said l'Xq, mcnt shall be filll compensation fi)r the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and fi*r any damagcs rcsuhing Owner's remaining lands, and for all other damages in connection with conveyance ,,1' said Property to Purchaser. 2. Prior to Closing. Owner shall obtain from thc holders of any liens, cxccplions :md/or qualifications encumbering Iht Prope~y, lhe execution of such instruments which will remove or release such encumbrances from the l'ropeny upon their recording in thc public records of Collier County, Florida. Owner shall providc such instruments. Im,pcrly executed, to Purchaser on or before thc date of Closing. 3. This Agreement shall be null and void, and of no ftmhcr force or cflbct, unless ('l,~sing shall occur within sixty (60) days from the date Purchaser cxcculcs this .Agreement; provided; however, that l'urchascr shall have lhe unilateral right to extend the term ~,t' this Agreement pending receipt of such instruments, properly executed, which cifllcr rc~:t~,vc or release any and all such liens, encumbrances or qualifications affecling Purchaser's enjoyment of thc Prope~y. At Closing. Purchaser shall deliver the County Warrant to Owner and Owner shall deliver lhe conveyance instrun~ent to Purchascr in acceptable Io Purchaser. 4. Conveyance of the Property by Owner is contingent upon no other provisions, conditions. or premises other lhan those so slated above; and Ihe wriltcn Agreement, including all exhibits attached herclo, shall constitute the entire Agreemenl and understanding ,~ff the paN;es, and there are no other prior or contemporaneous writtcn or oral agreements. undeflakings, promises, warranties, or covenants not coma;ned herein. 5. Owner is aware and understands that the "offer" to purchase reprcsented by this Agreement is subject to acceptance anti approval by the Board of Cotmtv Commissioners of ('oilier County, Florida. 6. Owner represents that the Property and all uses ortho Property have been and presently are in compliance wid~ all Federal, State and Local environmental laws; that no ha/ardous substances have been generated, stored, treated or transtkged on the Property cxcwpt as specifically disclosed to the Purchaser; that lhe Owncr has no knowledge of any ?ili or environmental law violation on any properly contiguous Io or in the vicinity ~,F the Propc~y Io be sold lo lbo Purchaser, Ihal thc Owner has not fcc qvcd tudice and o~hcrwisc Purchase Agreement Page 2 has no knowledge of a) :tn>' spill on the Property, b} any c×isting or threatened environmental lien against lhc Property or c) any lawst, it. proceeding or Jnvcsi~gation regarding tile generation, storage, treatment, spill or transfer of hazardot~s stlbslaFiccs till the Property. This provision shall sun'Ne Closing and is not deemed satislicd by conveyance of lille. Owner shall indemnify, defend, save and hold hamdcss tile Purchaser against and from. and to reimburse the Purchaser ',vitb respect to, any and all damages, claims, liabilities. laws, costs and expenses ('including without limitation reasonable paralcgal and alh',rrtcy fees and expenses whether in court, out of colin, in bankruptcy or adminislrativc proceedings or on appeal), penalties or fines incurred by or asscrlcd against thc [)urchascr by reason or arising out o£the breach of Owner's representatitm under Section ~,. This provision shall sun'ivc Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument ill thc t'uhlic Records of Collier County, Florida. All other costs associated with this trm~saction including but not limited to transfer, documentary and intangihlc taxes, and rccordiu~ costs for any curative instruments shall be bomc and paid lay Ov,'ncr. Owner shall lac responsible for paying any costs and/or fccs associated with securing from mortgagee(si, aim rcc,~rding in thc public records of ('oilier County, Florida. such fi, II or partial releasers) or satisfaction(s) :is ;ire necessary to convey a clear and marketable title to Ibc Propcrl.,,. This Agreement and tile terms and provisions hereof shall hc cftL'ctixc as of thc date this Agreement is executed by both parties and shall inure to the benefit of and be bimlin:~ upon the panics hereto and their respective heirs, executors, personal representatives, successors. successor trustees, antL/or assignees, whenever the context so requires or admits. I0. If tile Owner holds tile Property ill tile form of a partnership, limited panncrship. corporation, trust or any form of representative capacity whatsoever for olhcrs, ()xvncr shall make a written public disclosurc, according ID Chapter 286. Florida Statutes. ureter t~alh, of the name and address of every person having ii beneficial interest in thc Property bclbrc thc Property bold in such capacity is conveyed to Purchaser, its successors and assigns. (Il' thc corporation is registered with thc Federal Securities F. xcbangc Comrnissiori or rcglslcrcd pursuant to Chapter 517, Florida Statutes, v,'hosc slock is for sale to thc gcncrat public, it is hereby exempt from the provisions o fCbaptcr 286, Florida Statutes.) II. This Agreement is governed and construed in accordance with thc laws uf tile 51atc of Florida. IN WFFNESS WI IEP, EOF, the parties hereto have executed this /\grccmcnt ell day of__ . 19"~ 5 - Date Property acquisition approved by BCC: 1/26/99 AS TO PURCItASF. R: DATED: 'ATTEST: DWIGHT ti. BROCK, Clerk 13eARl) OF COUN'T'¢ ('OMMI$SI()Nt'itS ('OI.I.IER COUNTY, FI.ORll).,\ Pamela S. Mac'K lc, (,tuff rwmnan Purchase Agreement Page 3 AS TO OWNER: DATED: Witness ISignature) Name:'l ~ '. t , ~ -;' (Print or Type) ,,'. ?% ,!/./ .:: ./,,(/.~i. '.. Wilness (Signature) .. Name: I~¢,: FI,.~ '~ '~4':'~4 ¢5 (Print o~Type) ~ l)anicl D. Peck. h~ivqd'uSll.v'~'~, d~C asTrust¢¢ ' ~ Approved as to tbrm and legal sufficiency: Heidi F. Ashton Assistant County Auomcy 5301 Oi FIC£ OF CAPITAL PROJ£CTS EAST TAIdlAMI TRAIL NAPLES, FLORIDA ,34112 (941) 774-8192 .LEGAL DESCRIPTION (NOT A SURVEY) PROJECT l,,~O. PROJECT PARCEL 110. TAX PARCEL IlO. title TttE SOUI'tt FIFI'Y (50') FEET OF TI IE NOR'H I 150 FEET OFFI tE EAST ONE I IALF OF 'I'i fit NOP, T} IWEST QUARTER OF TI [F. NORT!tWEST QIjARTER OF 'I'l IE NOI~,Tt I WEST QUAR'I l!t< OF SECTION 28, TOWNSIIIP 48 SOUTI [, RANGE26 EAST, COLLIER COUNTY. FLORIDA. CON"FAININC; 12545 SQUARE FEET OR 0.288 ACRES MOIU£ OR LESS. f'AP, CF, I, 11,1 BY:_ DATE:_ ;-'-.,,' - -.,' ,~ GEOI,{,G'E R. ~I{II:::tqMOND PROFESSIONAL D*,ND SURVEYOR #2405 OFFICE OF CAPITAL PROJECI'S COLLIER COUNTY OOVEI<NMENT COMPLEX .LEGAL 3301 Ui,'I,'iU~; 01,' UAt-'i'J'AL EAST TAtdlAMI TRAIl_ NAPLES, FLORIDA (941) 774-8192 34112 DESCRIPTION ('NOT A SURVEY) PROJECT 1,10._ (,,t!(ll PROJECT PARCEL HO. II 3 TAX PARCEL llO.__n~ll q~,'-~l!' ' simple title 'FILE SOU'FII I:IFI'Y (50') FEET OF TIlE NORTII 150 FEET OF TIIF. \Vl'~ST ONE I IALF OF NORTI IEAS'FQUARTER OF TI [E NORTI{WEST QUARTER OF TI IE NORT1 IV T. ST QUAI('I'I!It SECTION 28, TOWNSI IIP 48 $OUTll, RANGE26 EAST, COL[.IER COUNTY, FI.ORIDA CONTAINING 12545 SQUARE FEET OR 0.288 ACRES MORE OR I.ESS. I'ARCF. I. 115 E X ,H,IBIT ] ~tOE R. RIC[tMOR~ DATE:j~-c,/:';- PROFESSIONAL ~NO SUF:V~OR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUN~ OOVERNMENT COMPLEX 3501 E TAMIAMI TRAIL NAPLES, FLORIDA 34112