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Parcel 116 & 723MEMORANDUM TO: FROM: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS WILMA J. IVERSON, SENIOR SPECIALIST REAL PROPERTY MANAGEMENT DATE: May18,1999 RE: IMMOKALEE ROAD IMPROVEMENTS COLLIER COUNTY PROJECT NO. 69101 Parcel: 116 & 723 Attached you will find one (1) Purchase Agreement and one (1) Temporary Driveway Restoration Easement 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 documents. 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 Agreements have 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: lmmokalee Road PARCEL NO: 116 FOLIO NO: 00195360008 PURCtlASE A(;I,tEEblENT THIS PURCttASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between H. P. L. DEVEI.OPMENT CORP., A Florida corporation, Wk/,, HPL Development, Inc., a Florida, corporation, (hereinafter referred to as "Owner"). and COLLIER COUNTY, a political subdivision of the State of Florida. its successors and assigns (hereinafter referred to as "Purchaser"); WItEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part oI this Agreement; WHEREAS. Owner desires to convey Iht Prot~crty to Purchaser ~i)r thc staled the terms and conditions set forth herein; and WHEREAS, Purchaser [las agreed to compensate Owner for ccm~ c.vancc of tile l'mpcrt;,: NOW TtfEREFORE, in consideration of these premises. Irc sum of Ten Dollars I$ and other good and valuable consideration, the receipl and sufficmncy of '.,.rich is hereby mutually acknowledged, it is agreed by and between the parties as follows: I. Owner shall convey the Property to Purchaser fo,' the sum of $Ig.001.h payable by ('otmtv Warrant (said transaction hereinafter referred to as tile "Closing"!. Said paymeni shall full compensation for the Property conveyed, including all hmdscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resuhing to O'.',ncr's remaining lands, and for all other damages in connection with conveyance of said Prop,zrly to Purchaser. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions aI~cl"or qualifications encumbering the Properly, the ,:xccution of such instruments which will remove or release such encumbrances from the Properly upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before thc date ot Closing. 3. 'This Agreement shall be null and void, and (~f no fitnhcr force or cfTcct. ~,mlcss shall occur within sixty (60) days from linc date Purchaser executes this Agrccnlcn~; provided; however, that Purchaser shall have thc unilateral right to extend tt~c term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrumem to Purchaser in a Iorm acceptable to Purchaser. 4. Conveyance of tile Property by Owner is contingent upon no other provisions, condilitms, or premises other than those so stated abov,_': and the written Agreement. including all exhibits attached hereto, shall constitute the entire Agreement and understanding c,f the parties, and there are no other prior or contemporaneous ~ritten or oral agreements, undertakings, promises, warranties, or corena,ts not contained herein. 5. Owner is aware and understands that the "offer" to purchase repres'.:'ntcd by this Agreement is subject to acceptance and approval by thc Board of County Commissi,~ners of Collier County, Florida. 6. Owner represents that the Property and all uses of tile Property have been a~d presently arc in compliance with all Federal, State and l.ocal environmental laws; that no hazar'dous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not r,'~cived notice and otherwise Purchase Agreement Page 2 has no knowledge of a) any spill on the }'ropcrty, b) any existing or lhreatcncd environmental lien against the Property or cl any lawsuit, proceeding or investigation regarding the. generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive (;losing ami is not deemed satisticd hy conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable parategal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall sur~'i,,'c Closing and is not deemed satisfied by conveyance of title. 'I-he Purchaser shall pay for all costs of recording the conveyance inarument in tt~c Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording 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 securing from morlgagee(s), and recording in the public records of Collier County, Flmida, such fidl or partial release(s) or satisfactionfs) as are necessary, to convey a clear a,d marketable title to the Properly. This Agreement and tile temps and provisions hereof shall be cl'fcctive as of thc date lhis Agreement is executed by both parties and shall inure to the bcncfit of and be binding upon thc panics hereto and their respective heirs, executors, personal rcprcscntati yes, succcss~rs, successor trustees, and/or assignees, whenever thc context so requires or admits. 10. If the Owner holds the Property in the form of a parlncrship, limited parmcrship, 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 be(nrc the Properly held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation !s registered with thc 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.) 11. This Agreement is governed and construed itl accordance with the laws o£ the State of Florida. IN WITNESS WHERE[D. xF,. the parties hereto have executed this Agreement on this day of_ ~ ,~3~. , 19~.~. Date Property acquisition approved by BCC: 1/26,"~'; AS TO PURCHASER: ATTEST: ,..'.I~'WIG.HT E(/,~CC~,, Clerk '.3~ ;....- .. ;. , DePaty Clerk BOAP, D OF COUNTY COMMISSION[iRS COLLIER COUNTY, FLORIDA Purchase Agreement AS TO OWNER: DATED: ~ ~.~~t~_ /. / (Print or.T-3pc) . Witness (Signature) (Print or Type) Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attomcy Page 3 lt. P. L Development Corp., a./k/a HPL Development, Inc. By: tint Name: Print Title: 3301 OFFICE OF CAPI']'AL PRO,IEC'iS~' ' ' EAST TAMIAMI TRAIL NAPLES, FLORIDA 3,tl 12 (941) 774-8192 LEGAL DESGRIPTIOI,I (NOT A SURVEY) PROJECT NO. PROJECT PARCEL HO .... TAX PARCEL HO,. I/~ TI IE SOU'FI t FIFTY (50') FEET OF TI [E NORTI ! 150 FEET OF 'Il IE EA ST I I AI.F OF TIIE NORTIIEAST QUARTER OF TIlE NORTIIWEST QUARTER OF TI IE NORTI IWEST QUARTER OF SECTION 28, TOWNSIIIP 48 SOUTH, RANGE 26 EAST, C©I3.1ER COUNTY, FLORIDA. COI'fI'AINING 16507 SQUARE FEET OR .379 ACRES MORE OR LESS PARCEl. 116 PROFESSIONAL LAND SURVEYOR /~240G OFFICE OF CAPITAL PRO JEErS COI.LIER COUNIY GOVERNMLNr COMPLEX 3301 E 1AMIAMI 1RAIL NAPLES, FLORIDA 34ll2 PROJECT: Immokalee Road PARCEL: 723 FOLIO NO: 00194280008 TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT THIS TEMPORARY DRIVEWAY RESTORATION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between District Board of Missions and Church Extension of the Fort Myers District of the United Methodist Church, Inc., a Florida not-for-profit corporation, whose mailing address is 8200 Immokalee Road, Naples, Florida 34119, (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as the "Purchaser"); WHEREAS, the Purchaser requires a Temporary Driveway Restoration Easement over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereina,'t. er referred to as the "Property") for reconstructing the driveway; and WHEREAS, the Owner desires to convey the Temporary Driveway Restoration Easement to the Purchaser for the stated purposes, on the terms and conditions set fodh herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the Temporary Driveway Restoration Easement over, under, upon, and across the Property. NOW THEREFORE, in consideration of these premises, the sum of 'Fen 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: 1. Owner shall grant Purchaser a Temporary Driveway Restoration Easement over, upon, and across the Property described in Exhibit "A" attached hereto in exchange for the sum of $100.00. 2. Purchaser shall pay Owner for the Temporary Driveway Restoration Easement by County Warrant. 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing and therefore, said closing shall occur within sixty (60) days of the execution of the Agreement by Purchaser. At closing, Owner shall deliver a Temporary Driveway Restoration Easement to Purchaser in a form acceptable to Purchaser and Purchaser shall deliver the County Warrant to Owner. 4. Conveyance of the Temporary Driveway Restoration Easement, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other pdor or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. Owner is aware of and understands that the "offer" to purch']se represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Properly 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 Properly except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the County, that the seller has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive closing and is not deemed satisfied by conveyance of title. 7. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to. any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), pena'ties or fines incurred by or asserted against the County by reason or arising out of the breach of owner's representation under Section 6. This provision sh,~ll survive closing and is not deemed satisfied by conveyance of title. 8. The Purchaser shall pay for all costs of recording the Temporary Driveway Restoration Easement. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and rec~¢rding costs, if any. for any curative instruments shall be borne and paid by Owner. 9. This Agreement is governed and construed in accordance with lt'; laws oi ti;e State of Florida. 10. This Agreement and the terms and provisions horeof shall be effective as of the date this Agreement is executed by both padies and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. IN WITNESS WHEREOF, the parties hereto.have executed,.,._ _ this Temporary D. zriveway Restoration Easement Agreement on this~day of ~ I' ~N~ , 1 9_~_. Dated Project/Acquisition Approved by BCC: 1/26/99 AS TO PURCHASER: - A%f'EST: ' / ,D~VIG HT,~O-C,K; Clerk ; ' ; Deputy Clerk ROARD OF COUHTY COMMISSIONL:RS COLLIER, COUNTY, FLORIDA~ Pamela S. Mac'Kie, Chairwdman AS TO OWNER: (Pdnted Name) District Board of Missions and Church Extension of the Fort Myers Distdct of the Un,~,d Methodist Church. Inc. ~oes~d~n~ Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 69101 NORTHWEST CORNER ~//~ SEC. 27, TWP.48S, RGE 26E COLLIER COUNTY FLORIDA PARCEL NOS ................. 723 FOLIO NO....00.1.9.428 0.00 8 ...... IMMOKALEE ROAD (C.R. 846) 100' R\W 660.22' __50' R\W PREVIOUSLY CONVEYED O.R. BOOK 1626, PAGE 1060 ~ 281.14' I _. 1~ 10' PARCEL 723,,/''' 5O' DESCRIPTION PARCEL 723 THE SOUTH 10 FEET OF THE NORTH 160 FEET OF THE EAST 50 FEET OF THE WEST :3:31,14 FEET OF SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 500 SQUARE FEET OF .011 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. ,,, POINT OF BEGINNING :3} BEC. = SECTION 4) TWP. - TOWNSHIP 5) RGE. = RANGE 6) R,/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED W~TH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PREPARED BY.~ .~-...~DAT E .../¢~'.~_?., .?,~ GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOT TO SCALE I OCT. 19, 1~98 FILE NO ] IMR123 SHEET 1 OF 1