Parcel 122 & 722 A&BTO:
FROM:
RE:
DATE:
MEMORANDUM
Sue Filson. Administralivc Assistant
BOARD OF COUNTY COMMISSIONERS
Wilma Ivcrson '
Senior Property Specialist
Real Property Management Dcparlmcnt
Immokalcc Road - Parcel 122/722 A & B
August 3. 1999
With regard to thc abovc rcfcrcnccd Projcct and Parccl. altachcd for thc ChaJm'oman. Ms. Pamela
S. Mac'Kie's review and execution is an Purchase Agreement. Kindly sign and date
Agreement and have Dwight E. Brock. attest to the Chairwoman's signature.
The Board of County Commissioners of Collier County. Florida approved ~hc conveyance in
Resolution 99-249 presented May 25. 1999, Agenda llenl 8 B 1.
Please return the Agreement to thc Real Property Management Departmcn,. for closing.
Thank you in advance for your prompt attention to this request. Should yet, have any questions.
please feel free to contact mc at #8091.
attachment
PROJECT:
PARCEL:
FOLIO:
Immokatee Road
122/722A & B
001948O0O06
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between The School Board of Collier County, 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 certain 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 Easements; 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 the
conveyance of the Properties to the 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 padies as
follows:
1. Owner shall convey the Properties to Purchaser in exchange for the sum of
$112,100.00, broken down as follows:
Fee Simple (via Special Warranty Deed) $109,900
Temporary. Driveway Restoration Easements $ 2,200
TOTAL:
$112,100
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 for the Propedies by County Warrant.
3. 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.
4. Owner shall pay its pro-rata share of taxes, assessments, or other term
expenses of the Propedies, if applicable, through the day before the closing.
5. Owner shall convey a marketable title free of an'/ liens, encumbrances,
exceptions, or qualifications, but subject to those matters set forth on Exhibit "B".
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.
6. To the best of Owner's knowledge, but without investigation, the Properties
and all uses of the 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 Properties 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 owner has not received notice and otherwise has no knowledge
of a) any spill on the Properties, b) any existing 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 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 coud. 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 willful breach of owner's
representation under Section 6. This provision shall survive closing.
8. Conveyance of the Propedies, or any interest in the Propedies, 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 padies, and there are no
other prior or contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein.
9. 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.
10. 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 modgagee(s).
11. If the Owner holds the Properties 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 Properties before the Propedies 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.)
12. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
13. 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 padies 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: 1/2¢/_,9_9 -
AS TO PURCHASER:
DATED:__~
ATTEST:
DWIGHT E. BROCK, Clerk
/
'~ / "/' .'Depu~ Clerk
AS TOowNb-R? ~-
DATED: ,,,' ~ ? ¢'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Pamela S. Mac'K~e, C~ai~vcm~n
Superintendent of Schools and
Ex Officio Secretary
Dan W.
Print Name
The School Board of Collier County. Florida
ChairmanPC~-~-~mm~
Xelson A. Fnerber, ,Ir.
(Print Name and Title)
Address: 3710 Estey Avenue
Naples. Florida 34104
Approved as to form and
legal sufficiency:
'i ?'. J . '~/
Heidi F. Ashton
Assistant County Attorney
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341 12
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY PROJECT NO ................ 69101
PARCEL NOS.122,722 & 722A
FOLIO NO.,0.O ;t 9. 4 8 0.0.0 0.6 ......
NORTHEAST CORNER
SEC. 28, TWP. 48,RGE, 26E
COLLIER COUNTY, FLORIDA
IMMOKALEE ROAD C.R. 846 (100' R\W)
PARCEL 122
1.5' 591.54' t~10' 96t.79' '"I
1
PARCEL 722A
· PARCEL 722B
DESCRIPTION PARCEL 122: fee sJmpte title
TIlE SOUTII 65 FEET OF TIlE NORTtt 165 FEET OF THE WEST 352.56 FEET OF THE EAST 1980.89
FEET; AND THE SOUTH 50 FEET OF THE/4ORTH 150 FEET OF THE WEST 591.54 FEET OF THE EAST
1628.33 FEET; AND THE SOUTH 60 FEET OF THE NORTH 160 FEET OF THE WEST 96139 FEET OF
THE EAST 1036.79 FEET; AND THE SOUTH 50 FEET OF THE EAST 75 FEET OF THE NORTHEAST
QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLOR!DA.
CONTAINING 113,951 SQUARE FEET OR 2.616 ACRES MORE OR LESS.
DESCRIPTION PARCEL 722A temporary driveway restoratioh easement
TIlE SO(J(It 55 FEET OF THE NORTH 205 FEET OF THE WEST 170 FEET OF THE EAST
1628.33 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 9350 SQUARE FEET OR .215 ACRES.
DESCRIPTION PARCEL 722B temporary driveway restoratio~ easement
THE SOUTii 20 FEET OF THE NORTH 170 FEET OF THE WEST 134 FEET OF THE EAST
684.44 FEE]" OF Tt IE NORTHEAST QUARTER OF SECTION 28, TOWNS!41P 48 SOUTH,
RANGE 26 EAS F,COLLtER COUNTY,FLORIDA.
CONTAINING 2880 SQUARE FEET OR ·082 ACRES.
GENERAL NOTES
1) P.O.C. = POINT OF COMMENCEMENT
2) P.O.8 = POINT OF BEGINNING
3) SEC. - SECTION
.4) TWP. ~ TOWNSItlP
5} RGE. = RANGE
§) RM/= 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
NOT TO SCALE OCT tg, lqgFI
PROFESSfONAL LAN[} SURVEYOR-FL RE(3. # 2406
PUBLIC WORKS ENGfNEERING DEPT.
COELIER COUNTY GOVERNMENT COMPLEX
350~ EAST TAMIAMI TRAIL
NAPLES,~LORIDA 34~2
1MR122 SHEET 1 OF I