Hightower Investments, Inc.To:
From:
Date:
Subject:
Memorandum
RECEIVED
Pamela S. Mac 'Kie, Chairwoman
Board of County Commissioners
Deena L. Quinn
Senior Specialist
~o~d of C0unt] ,-
September 23, 1999
Livingston Road (NN MSTU)
Collier County Project No. 65041
Parcel: 24-83T, Hightower Investments, Inc.
Attached you will find one (1) Easement Agreement for execution by Chairwoman
Pamela S. Mac'Kie concerning the above transaction. Please be advised that Robed
Zachary, Assistant County Attorney, has reviewed and approved the attached
document.
The Board of County Commissioners of Collier County, Florida, approved the
acquisition by gift or purchase in Resolution No. 98-165, Item 16(B)(5) dated May 19,
1998. Pursuant to Resolution No. 98-165, Paragraph 8, the Board has authorized its
present Chairman and any subsequent Chairman, for the life of the Project, to execute
any instruments which have been approved by the Office of the County Attorney.
The Board of County Commissioners of Collier County, Florida, approved the
acquisition by gift, purchase or condemnation in Resolution No. 99-250, Item 8(B)(2),
dated May 25, 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.
Attachment as stated
Real Property Management Department
PROJECT: Livingston Road (NNMSTU)
PARCEL: 24o83-T
FOLIO: 00163520003
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between HIGHTOWER INVESTMENTS, 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");
WHEREAS, Purchaser requires a fee simple interest in the lands described in
Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter
referred to as the "Property");
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, under the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property to 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 parties as
follows:
Owner shall convey the Property via a Warranty Deed to Purchaser in exchange
for the sum of $150,000.00, payable by County Warrant, said transaction
hereinafter referred to as "Closing." Said payment shall be full compensation for
the Property conveyed, including all landscaping, trees, shrubs, improvements
and fixtures located thereon, and for any damages resulting to Owner's remaining
lands, and for any and all other damages in connection with the purchase of said
Property.
Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, 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.
This Agreement shall be null and void and of no further force or effect unless
Closing shall occur within sixty (60) days of the date Purchaser executes this
Agreement; provided however, that Purchaser, at its sole discretion, may extend
the term of this Agreement indefinitely pending receipt of such propedy executed
instruments which either remove, release or subordinate any and all liens,
encumbrances and/or qualifications which might interfere with Purchaser's
enjoyment of the Property.
Owner shall pay its pro-rata share of taxes, assessments, or other term expenses
of the Property through the day before the Closing·
Owner shall convey a marketable title to the Property free of any liens,
encumbrances, exceptions, or qualifications· Marketable title shall be determined
according to applicable title standards adopted by the FIodda Bar and in
accordance with law. The Owner will, if title is found u lmarketable, 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 Property
shall be provided to Purchaser on or before the date of Closing.
Purchase Agreement Page 2
o
10.
11.
12.
13.
The Purchaser shall pay for all costs of recording the deed. -Ati--ethcr cc.~t.~
............................................ .................................
~, .... ~, ............... shall-bo responsiblc fcr pcy:ng any cest.c c, nd/or-fees-
associated with the obtaining and recording of Releases and Subordinations of
liens recorded against the Properly.
Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws;
thal no hazardous substances have been generated, stored, treated or transferred
on the Property 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 Properly, 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 Properly. This
provision shall survive closing and is not deemed satisfied by conveyance of title.
Owner 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.
Conveyance of the Property, or any interest in the Property, 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 contemporaneous wdtten or oral agreements, undertakings,
promises, warranties, or covenants not contained herein.
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.
If the Owner holds the Properly 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 Property before the Property 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, Flodda Statutes, whose stock
is for sale to the general public, it is hereby exempt from the provisions of Chapter
286, Florida Statutes.)
This Agreement is governed and construed In accordance wtth the laws of the
State of Flodda.
This Purchase Agreement and the terms and provisions hereof shall be effective
as of the date this Purchase Agreement is executed I:,~, both parties; and shall
inure to the benefit of and be binding upon the parties hereto and their respective
Purchase Agreemen! Page 3
heirs, executors, personal representatives, successors, successor trustees, and
assignees, whenever the context so requires or admits.
IN WITNESS WHEREOF, th~ padies hereto have executed this Purchase
Agreement on thi~day of p~,,~~, 1999.
Property acquisition approved by BCC pursuant to Resolution No.
99-250.
AS TO PURCHASER:
.,ATTEST: ....
"DWIGHT E. BRO'CK, Clerk
AS TO OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ,, ~
Pa~n
DATED: ~r_/~,. ¢,¢,
WITNESSES:
(Signatu~re~
(Printed Name)
(Signature)
(Printed Name)
HIGHTOWER INVESTMENTS, INC., a
Florida corporation
.,~i:e:i~ent ~r Vice PreSident
c/Name and Address:./4~,~
Approved as to form and
legal sufficiency:
Robert Zachary
Assistant County Attorney
.
£XHIBtT "N"
.4.--
PARCEL 83-'I'
A PARCEL OF LAMD LOCATED IN THE NORTHEAST 1/4 OF SECTIOn;; 24
TOWNSHIP 48 SOUTH, R3dIGE 25 EAST, COLLIER COUNTY, FI~DRIDA, ~BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CO~dENCE AT THE'SOUTHEAST CO~ER OF SECTIOM 24, TOWNSHIP 48 SOUTH,
~MGE 25 EAST,. COLLIER COUNTY, F~RIDA; THENCE RUN N. O0" 43~01" W. ,
A~NG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTAHCE OF 2667.24 FEET.TO THE SOUTHEAST CORNER OF THE NORTHEAST
1/4 OF SAID SECTION 24 AND THE ~OINT OF BEGI~;I~{Q OF THE PARCEL OF
~ND HEREIN DESCRIBED; THENCE RUN S. 88~31'07'' W., ALONG THE SOUTH
LIME OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR k DISTANCE OF
275.02 FEET TO A POINT 275.00 FEET WESTERLY OF, AS ~{EASURED A~
RIGHT A~;GLES TO, THE EAST LINE'OF THE SOUTHEAST 1/4 OF SAID SECTIOJ
24; THENCE RUN N. 00°43'01'' E., PA~LLEL WITH THE EAST LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION ~4, FOR A DISTANCE OF 3.98 FEET TO A
POINT 275.00 FEET WESTERLY OF, AS HEASURED AT RIGHT AMGLES TO, THE
EAST LINE OF THE NORTHEAST
N. 00°35,09. W , PA~L,~ ...... ~/~_~ SAID SECTION 24; THE~ICE RUN
' ~ -~'~n 'z'~ EAST LINE OF THE NORTHEAST 1/4
OF SAID SECTION 24, FOR A DISTAMCE OF 994·11 FEET TO A POINT OH THE
NORTH LI[;E OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST
1/4 OF THE NORTHEAST 1 4
}~. 88°27'02'' E A~N~ ..~ OF SAID SECTION 24; THENCE RUN
', ~ ~axu NORTH LI[~k, FOR A DISTANCE OF 275.04
FEET TO THE NORTHEAST CO~ER OF THE SOUTH 1/2 OF THE NORTHEAST 1/4
OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTIOn; 24;
THENCk RUN S. 00'35'09" E., ALONG THE EAST LINE OF THE NORTHEAST
1/4 OF SAID SECTION 24, FOR A DISTANCE OF 998.42 FEET TO THE
QF B~G~[;[;I~{~, CONTAINIMG 6.30 ACRES, MORE OR LESS.
BEARINGS REFER TO AN ASSUMED BEARIHG OF S. 00'43'01" E. ALONG THE
EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH,
~NGE 25 EAST, COLLIER COUNTy, F~RIDA.
SU~ECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/14/91 HOLE, MONTES & ASSOCIATES, INC.
Thomas J.' GaVEls ~ State of Fla.
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(613) ~2.4Gi7 fat31
O
Memorandum
TO:
FROM:
DATE:
RE:
Ellie Hoffman
Records Technician II!
Minutes & Records Management
Toni A. Mott
· [,~$"Scnior Specialist
Real Properly Management I)epartment
October 7, 1999
Livingston Road (NN MSTU)
('oilier County Project No. 65041
Ellie, attached please find one (1) ~ recorded Warranty Deed for the above referenced
pro joel.
The Board of County Commissioners of Collier County, Florida, approved the acquisition by
gift, purchase or condemnation in Resolution No. 99-250, Item 8(B)(2), dated May 25, 1999.
Please contact mc ifyou have any questions or comments at 8991.
Thank you.
attachments as staled
cc: Tax Appraiser's Office w/attachment Tax Collector's Office w/attachment
Inventory File w/attachment
2538539 OR: 2597 PG: 1480
LlC ~l] It.5t
Rets:
PROJECT: Livingston Road (NNMSTU)
PARCEL: 24-83-T
FOLIO: 00163520003
THIS CC~',/VEYANCIF ACCEPTED BY THE BOARC
0¢ COUNTY CO~,~t.~ISSIOfIERS OF COLLIER COUNTY.
FLORIDA, PURSUANT TO T~E PROI/ISIO~$ OF:
RESOLUTIOf~ ~'40. 99'250
WARRANTY DEED
THIS WARRANTY DEED executed this/.~day offs../ 19_¢_~ by
H GHTOWER INVESTMENTS INC a -- " ' ....
, ., Florida corporation, by its undersigned officer
who has been duly authorized by the Corporation Io execule this deed. whose mailing address
is 95 Ponte Vedra Colony, Ponte Vedra Beach. Florida 32082, (hereinafter called the
Grantor), to COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns, whose post-office address is 3301 Tamiami Trail East, Naples,
Florida 34112 (hereinafter called the 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.)
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, Flodda, to wit:
SEE ATTACHED EXHIBIT "A", attached hereto, which is incorporated herein by
reference.
Subject to easements, restrictions, and reservations of record.
This property is NOT the Homestead of the Grantor
TO HAVE AND TO HOLD the same in fee simple forever, together with all the
tenements, hereditaments and appurtenances thereunto belonging or in anywise
appertaining.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons whomsoever; and that
said land is free of all encumbrances except as noted above.
TH~S CONVEYANCE ACCEPTED BY THE
~,O~t3 Or COU:i[Y COH~..tSSTONERS,
PUFL;.;,'.~;i ~0 THE PROVISIOrtS
OF EESC, LUTION UO. ~
Trds property has oeen acquired under
~:hreat of condemnation and Is exempt from
Warranty Deed
Hightower Investments, Inc., a Florida corporation
Page Two
OR: 2597 PG: 1481
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the day and year first above written,
WITNESSES:
(S*gng'ture)
(Pnnl Full Name)
(Pnnl Full Name)
HIGHTOWER INVESTMENTS, INC.,
a Flodda corporation
~. /
By:~
,~res~aent or Vice President
STATE OF
COUNTY OF
The foregoing Warranty Deed was ackpowledged before me this ~ day of
~, 19_.~, by ~Name),
(wPhroeSioen! or Vice President), on behalf of Hightower Investments, Inc. a Florida corp~o~',
is personally known to me
OR
produced
as proof of identity.
(type of identification)
(affix notarial seal)
(Print Name of Notary Pubhc)
NOTARY PUBLIC
Serial / Commission # (if any):
My Commission Expires: ~
R.~lft N. Zachary, EJsqulre
Otfl~e of the County Attorney
2301 g.~t Tamlarnl Trail
N~¢I~, Florida 34112
{'.~) 174-84oo
· Hole, Momes & Associates, inc.
~Englneers I Pl,~rv',ers I Survey~s -, .::
~., ~,~ , ~'.
..~ ~ ; .'~
PARCEL 83-T
A PARCEL OF I.~HD LOCATED IN THE NORTHEAST 1/4 OF SECTIO~I' 24,
TOWNSHIP 48 SOUTH, RA3;GE 25 EAST, COLLIER COUNTY, FLORIDA, .BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COM~ENCE AT THE ·SOUTHEAST CO~ER OF SECTION 24, TOWNSHIP 48 SOUTH,
~NGE 25 EAST, . COLLIER COUNTY, F~RIDA; THENCE RUN N. 00"43'01" W.,
A~NG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTANCE OF 2667.24 FEET.TO THE SOUTHEAST CORNER OF THE NORTHEAST
1/4 OF SAID SECTIOH 24 A~;D THE POIHT OF BEGI~;IN~ OF THE PARCEL CF
~ND HEREI~ DEO~ .....
~ ~ ' ~=~; THENCE RUN S. 88~31,07,, W
N~ OF THE ~:ORTHEAST 1/4 OF SAID ~ ......... ., ALONG THE SCU/H
o~'~'~u~ ~4, FOR A DISTANCE OF
.O, THE EAST LINE'OF THE ~' ......... URED A.
.~, ~uu~'n~A~T 1/4 OF SAID SECTIOn:
THENCE RU,, N. 00"43'01" E., PA~LLEL WITH THE EAST LINE OF THE
SOUTHEAST 1/4 OF SAID SECTIOH 24, FOR A DISTANgE OF 3.98 FEET TO A
POINT 275.00 FEET WESTERLY OF, AS MEASURED AT RIGHT AHGLES TO, THE
EAST LII:E OF THE HORTHEA S
N. 00" , ,, . ST 1/4 OF AID SECTION 2 ·
~ .... ~5_ 09 ~" , PA~LLEL WITH T R ~cm ~ 4, THENCE RUH
ur ~aiu SECTION 24, FOR A DIST .... ~-~-~_L}?E OF THE NORTHEAST 1
- ~n~ ~u~THEAST 1/4 OF THE SOUTHEAST
1/4 OF THE NORTHEAST
N. 88"27'02,, E Atn'~ ~,~4 OF SAID SECTION 24; THENCE RUH
', ~,~ =~u NORTH LINE, FOR A DISTAHCE OF 275.04
FEET TO THE NORTHEAST COP3~ER OF THE SOUTH 1/2 OF THE NORTHEAST 1/4
OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24
THENCk RU~I S. 00"35'09,, E., ALONG THE EAST LINE OF THE NORTHEAST
1/4 OF SAID SECTION 24, FOR A DISTANCE OF 998.42 FEET TO THE
~, CONTAINI~IG 6.30 ACRES, MORE OR LESS.
BEARINGS REFER TO AN ASSUHED BEARIHG OF S. 00"43,01,, E. ALONG THE
EAST LI~;E OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH
~NGE 25 EAST, COLLIER COUNTy, FLORIDA. ,
SUBJECT TO EASEHE~TS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/14/91 HOLE, MONTES & ASSOCIATES, INC.
State of Fla.
.,~,.. ~ r /,':'z c,?
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C~ ?15 Te~lh $l ~,o~lh - ·
PAX (~13)