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Parcel 127TO: FROM: DATE: RE: Memorandum Ellie Hoffman Records Technician III // Minutes & Record ~Manag6ment J. Keith Gomez Acquisition SuperiOr Transportation R,~ght Of Way Office April 16, 2002 Goodlette-Frank Road 60134, M.L.S. of Naples, Inc. Parcel # 127 With regard to the above-referenced project, please find attached one (1) original Purchase Agreement, one (1) original recorded Warranty Deed. The Board of County Commissioners of Collier County, Florida approved the acquisition by gift or purchase in Resolution 2001-114 Item 16(b)(2), dated April 10, 2001. The Board of County Commissioners of Collier County, Florida approved the acquisition by condemnation in Resolution 2002-97, Item 10A, dated February 12, 2002. If you have any questions or comments, you may contact me at 213-5843. Thank you. attachments as stated CC: Property Appraiser's Office w/copy of Deed Tax Collector's Office w/copy of Deed Inventory File w/attachments Project Contractor's File w/attachments Office of the Real Property Management Department Project: Goodlette-Frank Road/60134 Parcel No: MLS/127 Folio No: 00239960005 PURCHASE AGREEMENT THIS PURCHASE AGREE[vlENT (her. einafter referred to as the "Agreement") is made and entered into this _.~__ day of /J"j(~f~ ,20_0_~by and between M.L.S. OF NAPLES, 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 estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner has agreed to convey the Property to Purchaser in accordance with the terms and conditions set forth herein; WHEREAS, Purchaser has agreed to compensate Owner for the improvements located on the Property; WHEREAS, Owner will be required to apply for a setback variance from the County's Land Development Code, relative to a signage structure and flagpole owned by Owner and located adjacent to the Property; and WHEREAS, Purchaser has agreed to compensate Owner for reasonable attorney's fees and application costs and expenses associated with the request for the signage structure and flagpole setback variance, as stated herein, in an amount not to exceed 10,000.00; 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 is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the fee-simple rights in the Property to Purchaser pursuant to the terms of this Agreement. Owner shall be compensated for the improvements located on the Property for the sum of $3,555.00, payable by County Warrant (said transaction hereinafter referred to as the "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 all other damages in connection with conveyance of said Property to Purchaser. The Owner accepts the above payment as full compensation 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 Property, including any appraisal fees, attorney fees and costs provided by Chapters 73 and 74, Florida Statutes. Owner will be required to apply for a setback variance from the County's Land Development Code, relative to a signage structure and flagpole owned by Owner and located adjacent to the Property. Owner shall apply for a setback variance, as stated herein, within ninety (90) days of the recording of the conveyance of the Property to the Purchaser. (Owner shall provide written notice and a copy of the setback variance application to the Real Property Management Department.) a) Purchaser shall reimburse Owner for reasonable attorney's fees and application costs associated with the request for the signage structure and Purchase Agreement Page 2 flagpole setback variance, in an amount not to exceed $5,000.00. In the event Collier County requires the Owner to incur fees or expenses in conjunction with the variance application other than attorney's fees and application fees, including but not limited to surveying or engineering costs, Purchaser shall reimburse Owner in the amount of any such other fees or expenses in an amount not to exceed $5,000.00. b) In accordance with the said application for the signage and flagpole setback variance, Owner shall request in writing reimbursement from Purchaser of any and all reasonable attorney's fees, application costs and reimbursable fees or expenses stated herein, within one (1) year following the recording of the conveyance of the Property to the Purchaser. Owner shall provide accompanying documentation with request for reimbursement to substantiate any and all charges and costs. In the event that Owner shall apply for and diligently pursue the said variance application but the processing thereof extends beyond the aforesaid one (1) year period, Owner shall not thereby forfeit any of the foregoing rights to receive reimbursement, and the time allowed for submission of reimbursement shall be extended until completion of the variance proceeding. c) In the event that the setback variance sought by Owner pursuant to Paragraph 3 is denied for any reason, Purchaser and Owner shall negotiate the amount of damages due to the loss and/or relocation of the signage structure and flagpole in an amount not to exceed $100,000.00. 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 or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the 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 instrument to Purchaser in a form acceptable to Purchaser. Conveyance of the Property by 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 prior or contemporaneous written 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. To the best of the Owner's knowledge and without investigation, no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no actual 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 received notice and otherwise has no knowledge of a) any spill on the Purchase Agreement Page 3 10. 11. 12. 13. 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. 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 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 Purchaser by reason or arising out of the breach of Owner's representation under Section 8. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument in the 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 mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. 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 trustees, and/or assignees, whenever the context so requires or admits. 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 Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (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.) This Agreement is governed and construed in accordance with the laws of the State of Florida. Purchase Agreement Page 4 IN WlTNESS~/,~~, the parties hereto have executed this Agreement on this ~ day of ,20o.a~. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ~tf~,d.~-a~/~f ~ ,-':,::~;'" .'] ~i~ROCK, Clerk ~... ~,:,~ , ,~ .C7:~- , ..-',~ I: ~,t~.~',',-:~.~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAI~S N. COL~'FrA, Chairman AS TO OWNER: Witness,.(Sig~'~tu.re) _ Name: (,.~PI( ~', ._~/.~,.,~,t,Print or Type) Witness (Signature) Name: ";Z::~ T'~/~'/,4 (Print or Type) M.L.S., OF NAPLES, INC., a Florida corporation BY: Presid~(-ht/~ Print or Type Name and Title 1455 Pine Ridge Road Naples, Florida 34109 Approved as to form and legal sufficiency: Assistant County Attorney PROJECT NO. : 60134. PROJECT PARCEL NO. : 127 TAX PARCEL NO. :--Q.c:~"--'-':J'~(,=,~oo~'" PINE RIDGE COMMONS P.U.D. N00'46'24"W OF tL~LFJ, ~ PINE RIDGE ROAD OINT OF COMMENCEMEI~ Np 9',]2'12'£ GRAPHIC SCALE 200' 0' tOO' 200' ( IN FEET 1 inch = 200 NO TES: I. THIS IS NOT A SURVEY. 2. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH UNE OF SECTION 10 WHICH HAS A BEARING OF N. 8g'32'12" E. 5. SUBJECT TO EASEMENTS, RESERVATIONS ·AND RESTRICTIONS OF RECORD. 4. NOT VALID " WITHOUT SHEET 2 OF 2. ,err Prol'e..lon(~FLo, l'd Su~;;y~;;i ::'. ,' ' Florldo Cmtlfl.cote No. 556,5 seal of a Fiorido'Llcens~d '~urv~yor and Mapper. LEGEND: O.R. P.K. P.C.P. INDICATES OFFICIAL RECORDS INDICATES PARKER-KALON INDICATES PERMANENT CONTROL POINT SKETCH SEOTION 10, AND DESCRIPTION TOWNSHIP 49 SOUTH, RANGE 2,5 EAST COLLIER COUNTY, FLORIDA JOH ENOINEER8 SURVEYOR8 AND ECOLOelri'8 f~ROJECT NO. :_. 60154 PROJECT PARCEL NO. : 1~7 TAX PARCEL NO. :~_.,~L~?~ DESCRIPTION: PARCEL 127 A PARCEL OF LAND LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN NORTH 89'52'12" EAST ALONG THE SOUTH LINE OF' SAID SECTION 10, A DISTANCE OF 968.62 FEET; 'THENCE RUN .~IORTH 00'27'48" WEST, A DISTANCE OF 54.58 FEET TO THE pOINT OF BEL;'iNNINO ON THE NORTHERLY RIGHT-OF-WAY LINE OF PINE RIDGE ROAD (COUNTY ROAD NO. 896); FROM SAID POINT OF BEGINNING RUN NORTH 00'46'24" WEST ALONG THE WEST LINE OF THAT PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 1657, PAGE 1522 OF THE PUBLIC RECORDS OF COLLIER 6~OUNTY, FLORIDA, A DISTANCE OF 17.47 FEET; THENCE RUN SOUTH 87'0i'53" EAST, A DISTANCE OF 119.15 FEET; THENCE RUN SOUTH 87'57'15" EAST, A DISTANCE OF 126.26 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 1657, PAGE 1522; THENCE RUN SOUTH 00"46'24" EAST ALONG SAID EAST LINE, A DISTANCE OF 8.69 FEET TO THE SAID NORTHERLY RIGHT-OF-WAY LINE OF PINE RIDGE ROAD; THENCE RUN NORTH 89'55'10" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 245.06 FEET TO THE, SAID POINT OF BEGINNING. CONTAINING 0.071 ACRES OF LAND, MORE OR LESS. 3-01 SKETCH AND DESCRIPTION SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA JO ENGINEER9, SURVEYORg AND ECOLOGIB*T$ 25515 10-49-25 20F2 PROJECT: Goodlette-Frank Road/60134 PARCEL: M.L.S./127 FOLIO: 00239960005 2957142 OR: 3008 PG: 2940 RI]CORDED in O~HCIAL RECORDS o~ COLLIER COUNTY, FL 03/29/2002 at 01:59PM DWIGHT E. BROCK, CLERK CONS 3§5§,00 NBC FBB 19.50 COPIBS 4.00 Retn: ?RRNSPOR?R?~ON/RIGH? OF WARRANTY DEED THIS WARRANTY DEED is made this / ~ day of ~ ~:~-c. J3 2002, by M.L.S. OF NAPLES, INC., a Florida corporation, whose post office address is 1455 Pine Ridge Road, Naples, Florida 34109 (hereinafter referred to as "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 referred to as "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, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY OF THE GRANTOR. TOGETHER with all the tenements, hereditaments anu app~-l-o'~ances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is law[ufly seized of said land in fee simple; that the Grantor has good right and lawful sell and convey said land; that the Grantor hereby fully warrants the title to said lan~ 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. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESS: Witness (Signature) .~-P~' t or !ype Witness (Signature) (Print or Type) threat of conde~r~m,~n and ia ®xempt from documentary stamp tax. M.L.S..O.F~APLES INC., a F~rida ~ed~. DiNicola, as its President (Print Name'and Title) 1455 Pine Ridge Road Naples, Florida 34109 OF REaOLUT~N OR: 3008 PG: 2941 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Warranty Deed was acknowledged before me this __ day of Fam,r=,~oJr~A, 2002, by Alfred 3. DiNicola (Name), as President _(Title), On behalf of M.L.S. OF NAPLES INC., a Florida corporation~-wh~)-is pers_onally known-"> to me or has produced /V'OA/~' as identification. WITNESS my hand and official seal this _ (affix notarial seal) , ~.~ Corte E Chase My / day of ~~"Y~-Yc-'~., 2002 of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: (If an_y) Z)~ O~ q 0'7 ~.. My Commission Expires:~qJ~O..'5_ lkpprovedjas tq formr& legal sufftcienc) PROJECT NO. : 60134 PROJECT PARCEL NO. : 127 TAX PARCEL NO. : ~...~{~ o PINE R/O~E COM~ON,~ P,U.D. PINE RIDGE ROAD (COUNTY ROAD NO. ag0) N89'32'12'E POINT OF COMMENCEMENT '~E .~,,rIH~T GUARll~R OF GRAPHIC SCALE 200' O' 100' 2DO' ( IN FEET ) 1. inch = 200 ft. ,) NOTES: 1. THIS IS NOT A SURVEY. 2. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH UNE OF SECTION 10 WHICH HAS A BEARING OF N. Bg'32'12" E. 3. SUBJECT TO EASEkJENTS. RESERVATIONS AND RESTRIC~ONS OF RECORD. 4. NOT VN,.ID WI~tOUT SHEET 2 OF 2. LEGEND: P.K. P.C.P. INDICATES OFFICIAL RECORDS INDICATES PARKER-KALON INDICATES PERMANENT CONTROL POINT ?of~,~ton~Lon'd Survo~;~'" ,' ' Florldn Certificate No. 5565 ae~ of a Fiorldn Ucanaad ~rva~r and Mapper. SKETCH AND DESCRIPTION SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA JOHN ENIINEENI, IURVEYORi AND EGQLOGIIll 3,-01 25313 10-4g-25 1" m 200' 1 OF 2 PROJECT NO. : 60154 PROJECT PARCEL NO. : 127 TAX *** OR: 3008 PG: 2943 *** DESCRIPTION: PARCEL 127 a PARCEL OF LAND LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN NORTH 89'32'12" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, A DISTANCE OF 968.62 FEET; THENCE RUN NORTH 00'27'48" WEST, A DISTANCE OF 54.58 FEET TO THE POINT OF BEGINNING ON THE NORTHERLY RIGHT-OF-WAY LINE OF PINE RIDGE ROAD (COUNTY ROAD NO. 896); FROM SAID POINT OF BEGINNING RUN NORTH 00'46'24" WEST. ALONG THE WEST LINE OF THAT PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 1657, PAGE 1522 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 17.47 FEET; THENCE RUN SOUTH 87'01'55" EAST, A DISTANCE OF 119.15 FEET; THENCE RUN SOUTH 87'57'15" EAST, A DISTANCE OF 126.26 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 1657, PAGE 1522; THENCE RUN SOUTH 00'46'24" EAST ALONG SAID EAST LINE, A DISTANCE OF 8.69 FEET TO THE SAID NORTHERLY RIGHT-OF-WAY LINE OF PINE RIDGE ROAD; THENCE RUN NORTH 89'33'10" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 245.06 FEET TO THE, SAID POINT OF BEGINNING. CONTAINING 0.071 ACRES OF LAND, MORE OR LESS. SKETCH AND DESCRIPTION SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA JOHNSON F.R~INEEII~, ~UIIVEYORB A#D F.C;OI.OlilITI ,3-01 25,31:~ 10-49-25 2 OF 2