Parcel 102A & 702AM F. MORAN DUM
1999
TO:
.%uc Filson, Administrative Assistant
BOARD Ot': COUNTY ('OMMISSIONF, I,tS
FRONI:
\Vilma Ivcrson
Senior Property Specialist
Real Property Managcmcn! l)cpartmcnt
RE:
Immokalcc Road - Parcel I
DATE: August 10. 19q9
With regard to tile above referenced l)rojcct and Parcel. attached Ibr thc ('hairv. oman. Ms. Pamela
S. Mac'Kie's review and execution is an l~urchasc Agreement. Kindly sign
Agreement and have l)wigh! E. Brock. attest to thc ('hairwoman's signature.
The Board o1' Coullly ('ommissioncrs of ('ollicr (.'ounty. Florida approved ibc col]vcyallcc in
P,¢solution99-249prcscntcdMav25. 1999. Agcndaltemgl:l I.
Please return tile Agrccmcut to thc [),cai Property .Managcrncnt Department for chasing.
Thank vou in advance l~*r vottr prompt allcntion tothis rcqucsl. Should )'ou have any ClUCStiolis.
please /'ecl Free to conlac! mc at #8091.
attnchmcnt
· P'ROJECT: Immokalee Road
PARCEL: 102A & 702A
FOLIO: 41931000002
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between Sprint-Florida, Incorporated, a Florida corporation
f/Ida United Telephone Company of Florida, (hereinafter referred to as the "Owner"),
and COLLIER COUNTY, a political subdivision of the State of Florida, its successors
and assigns, (hereinafter referred to as the "Purchaser");
WHEREAS, the Purchaser requires cedain lands described in Exhibit "A", which is
attached hereto and made a part of this Agreement, for road, utility, drainage, sidewalk
and maintenance purposes; and
WHEREAS, the Purchaser requires certain lands as described in Exhibit "A"
which is attached hereto and made a part of this Agreement, for temporary driveway
restoration easement; and
WHEREAS, the Owner is not required to relocate existing drainage swale located
within that certain lands described in Exhibit "A" required for road, utility, drainage,
sidewalk and maintenance purposes; and
WHEREAS, the Owner desires to convey the above-referenced lands (hereinafter
collectively referred to as "Properties") for the stated purposes, under the terms and
conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for
a) cedain improvements; and
b) conveyance of the Properties
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:
1. Owner shall convey the Properties to Purchaser in exchange for the sum of
$7,400, broken down as follows:
Fee Simple (via Warranty Deed) $3,350
remporary Driveway Restoration Easement $ 100
Improvements $3,950
TOTAL: $7,400
The Owner accepts the above compensation as full payment for the Property
interests taken and for any damages resulting to the remainder, if less than the entire
property was taken and for all other damages in connection with said Properties.
2. Purchaser shall pay Owner compensation for improvements such as:
landscaping, two (2) wells and asphalt in the sum of $3,950 which is included in the
above total compensation.
3. Purchaser shall pay Owner for the Properties and improvements by County
Warrant.
4. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and that, therefore, said closing shall occur within sixty (60) days of the
execution of this Agreement by Purchaser. At closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the required conveyance documents
to Purchaser in a form acceptable to Purchaser. Owner shall remove, within forty-five
(45) days after closing, any and all property, goods and chattels which are located on
the Properties. Purchaser shall provide a list of items to be removed, if any, at closing.
Owner shall indemnify and hold Purchaser harmless from any costs in connection with
the relocation of the identified items.
5. Owner shall pay its pro-rata share of taxes, assessments, or other term
expenses of the Properties, if applicable, through the day before the closing.
6. Owner 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. 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 Properties shall be provided to Purchaser on or before
the date of closing.
7. Owner represents that the Properties and all uses of tile Properties 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 Propedies 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 Properties to be sold to the County, that the seller
has not received notice and otherwise has no knowledge of a) any spill on the
Properties, b) any existin9 or threatened environmental lien against the Properties or c)
any lawsuit, proceeding or investigation regarding the generation, storage, treatment,
spill or transfer of hazardous substances on the Properties. This provision shall survive
closin9 and is not deemed satisfied by conveyance of title.
8. 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), 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.
9. Conveyance of the Properties, or any interest in the Properties, 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 contemporar~eous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein.
10. 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.
11. The Purchaser shall pay for all costs of recording the conveyance
documents. 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 a Subordination, Consent & Joinder
of Easement and/or Partial Release of the mortgage(s) recorded against the Properties
from the mortgagee(s).
12. If the Owner holds the Properties in the form of a partnership, limited
padnership, corporation, trust or any form of representative capacity whatsoever for
others, Owner shall make a written public disclosure, eccordiqg to Chapter 286, Florida
Statutes, under oath, of the name and address of every person having a beneficial
interest in the Properties before the Properties 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.)
13. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
14. 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 trustee, and assignees whenever the context
so requires or admits.
Dated Project/Acquisition Approved by
BCC: 1126/99
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pamela S. Mac'Kie, Chairman
AS TO OWNER:
DATED: '-,'~ ~ .....
WITNESSES:
,~J~ i~n"a~g.u ~e)/__
(Pdnted Name)
(~ignature)
~pp form and
legal sufficiency.~
Assistant County A~orney
Sprint- Florida Incorporated
President.ce President~
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT rio .................. 69101
PARCEL NOS .......102A & 702A
FOLIO NO.-4.1-~.3.1~ 00002 ........
IMMOKALEE ROAD (C.R. 846) 100' R\W
75'
\
PARCEL 102A t
PARCEL 702A/' 4o'
EAST 75 FEET OF
TRACT 21
DESCRIPTION (PARCEL 102A) 9<~t
THE NORTH FIFTY (50~ FEET OF THE EAST 75 FEET OF TRACT 21, OF THE PLAT
THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7,
PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 3750 SQUARE FEET MORE OR LESS.
DESCRIPTION (PARCEL 702A) 'F~-?.~.¥ ~Jr~/~ ¢z~,-~x4~/ ~'~-~7'
THE S(~UTH TEN (10~ FEET OF THE NORTH SIXTY (60') FEET OF THE EAST FORTY (40~
FEET OF THE EAST 75 FEET OF TRACT 21, OF THE PLAT THEREOF, GOLDEN GATE ESTATES,
UNIT NO. g7, AS RECORDED IN PLAT BOOK 7, PAGE gE, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
CONTAINING 400 SQUARE FEET MORE OR LESS.
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) RAN = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR
PREPARED B '~ DAT
PROFESSI.~NAL LAND SURVEYOR-FL REG.
PUBLIC WORk8 ENGINEERING DEPT,
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112
NOT TO SCALE OCT, t~, 1~
IMR 102A
SHEET 1 OF 1 ,