Parcel 125 & 126MEMORANDUM
TO:
FROM:
DATE:
Sue Filson, Administrative Assistant
BOARD OF COUNTY COMMISSIONERS
Wilma Iverson
Senior Property Specialist
Real Property Management Department
Immokalee Road - Parcel 125 & 126
September 17, 1998
With regard to the above referenced Project and Parcel, attached for the Chairman, Ms. Barbara B.
Berry's review and execution is an Purchase Agreement. Kindly sign and date the Agreement and
have Dwight E. Brock, attest to tile Chairman's signature.
The Board of County Commissioners of Collier Cotmty, Florida approved the conveyance in
Resolution 97-356 presented September 16, 1997, Agenda Item 16 B 5.
Please return a copy of tile Agreement to the Real Property Management Department for closing.
Thank you in advance for your prompt attention to this request. Should you have any questions,
please feel free to contact me at #8991.
attachment
PROJECT: Immokalee Road
PARCEL: 125 & 126 (Ward)
FOLIO: 00193880001 & 00194320007
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between OWEN M. WARD, as Trustee under that certain
Declaration of Land Trust, dated as of August 1, 1989, 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 the lands described in Exhibit "A", which is
attached hereto and made a pad of this Agreement, (hereinafter referred to as the
"Property") for road, utility, drainage, sidewalk and maintenance purposes; and
WHEREAS, lhe Owner desires to convey the Properly to the Purchaser for the
stated purposes, under the terms and conditions set fodh herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance
of the Property 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 Property to Purchaser, via Warranty Deed, in
exchange for the sum of $76,900.00 as full payment for the Pro,pedy interest(s) laken
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 Property.
2. Purchaser shall pay Owner of the Property 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 a deed 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 Properly. 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 Property through the day before the closing.
5. 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 Properly shall be provided to Purchaser on or before
the date of closing.
6. Owner represents that the Properly and all uses of the Properly have been
and presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, Ireated 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 Properly, b) any existing
or threatened environmental lien against the Properly or c) any lawsuit, proceeding or
investigation regarding the generation, slorage, treatment , spill or transfer of
hazardous substances on the Properly. 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 whelher in court, out of coud, in
bankruptcy or administrative proceedings or on appeal), penallies or fines incurred by
or asseded against the County by reason or arising out of the breach of owner's
representation under Section 6. This provision shall survive closing and is not deemed
satisfied by conveyance of title.
8. Conveyance of the Property, or any interest in the Properly, 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, undedakings, 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 lhe Board of County
Commissioners of Collier County, Florida.
10. The Purchaser shall pay for all costs of recording the deed. 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 Partial Release of the modgage(s) recorded against
the Properly from the mortgagee(s).
11. If the Owner holds the Property 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 Properly before lhe Property held in such capacity is conveyed to
Purchaser. (If tile corporation is registered with the Federal Securities Exchange
Commission or registered pursuant to Chapter 517, Florida Statut.es, 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.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on this -_2.._/day of ~, 19~1¢'.
Dated Project/Acquisition Approved by
BCC: / 7 -~-"~_.~
Purchase
AS TO PURCHASER:
DATED:~~'~
'ATTEST:
DWIGHT E. BROCK, Clerk
~'~est ~.~-r.o Ch~fr~n'S
Sl.gn~ture
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
AS'TO OWNER:
W- Ess
(r,~nt Name of/t~/itness)
WI'Ij;,blESS / )..
(Print Name of Witness)
OWEN M. WARD, as Trustee
Address: 8 ~.~Z.~~
Approved as to form and
legal/sufficiency:
H~idi F. Ashto~
Assistant County Attorney
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
~L~~L~NOT A SURVEY)
PROJECT NO.---~
PROJECT PARCEL NO.-iL~__
TAX PARCEL NO.~
Ice simple title
LEGAL DESCPdPTION
'l'l IE SOUTtl FllVFY (50') FEET OF TI IE NORTI I 150 FEET OF 'ri IE ",VEST ONE
IIALF OF 'FILE EAST ONE IIALF OF TIlE NOP,'FIIWEST QUARTER OF SEC'FION 2'7,
'I'OWNSI{IP 48 SOUTII, ILANGE 26 EAST, COLLIER COUNTY, FLORIDA; SAID
DESCILIBED TRACT CON'F/LINING 0.?58 ACRE (33010 SQUARE FEET), MORE OR LESS.
PARCEL 125
EXHIBIT
OFESSIONAL LAND SURVEYOR ~2406 [
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY GOVERNMENT COMPLEX,.
3301 E TAMIAMI TRAIL NAPLES, FLORIDA 54112
· 33O 1
OFFICE OF CAPITAL PROJECTS
EAST TAMIAM1 TRAIL NAPLES, FLORIDA
(941) 774-8192
34112
A ESCR TION NOT SURVEY
PROJECT NO. O910t
PROJECT PARCEL NO.____~
TAX PARCEL NO. O0194B2000?
!
fcc simple tiLle
LEGAL DESCRIPTION
TIlE SOUTII FIFFY (50') FEET OF TIlE NORTII 150 FEET OF 'FILE EAST ONE
I IALF OF TIlE EAST ONE I IALF OF 'Ft IE NORTI I WEST QUARTER OF SECTION 27,
TOWNSItlP 48 SOU'Ftl. ILANGE 26 EAST. COLLIER COUNTY, FLORIDA; SAID
DESCRIBED 'I'IU~,CT CONTAINING 0.758 ACRE (33010 SQUARE FEET), MOILE OR LESS.
PARCEL 126
P~'Ft~.~SIONAL LAND SURVEYOR t~2406 . ~ .
GraCE oF CAPITAL PROJECTS
COLLIER COUNTY GOVERNMENT COMPLEX
3301 E .TAMIAh41 'TRAIL NAPLES, FLORID,A"34112