Loading...
Parcel 168BMEMORANDUM DATE: TO: FROM: May 9, 2002 Ms. Sue Filson, Administrative Assistant~ Kevin Hendricks, Right-of-Way Manager[ Immokalee Road Purchase Agreement Ismael and Maria Gonzalez Attached is a Purchase Agreement ready for execution by Chairman James N. Coletta. Settlement in the amount of $23,000 has been approved by the Project Manager, Transportation Engineering and Construction Management Department as being within budget and in the best interests of Collier County. Resolution No. 2001-450, adopted by the Board of County Commissioners on November 27, 1998 (agenda item no. 16[B]5), authorized the acquisition of easements and/or fee simple parcels required for the construction of the four lane improvements to Immokalee Road, and further authorized its Chairman to execute various Agreements on behalf of the Board. Most recently, February 26, 2002, the Board adopted Resolution No. 2002-125 (agenda item no. 10E) authorizing the acquisition of right-of-way by condemnation, if necessary. Please ask Chairman Coletta to execute the attached Purchase Agreement on behalf of the Board of County Commissioners, and forward to the Clerk of Minutes and Records for attestation. Thank you. PROJECT: PARCEL NO: FOLIO NO: IMMOKALEE ROAD-60018 168B 37741480004 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (herinafter referred to as the "Agreement") is made and entered into this ~ day of 7~ o.~..,._ ,200,,~ , by and between ISMAEL GONZALEZ AND MARIA T. GOI~ZAL~Z, husband and wife, whose post office address is 811 Fourth Street Southeast, Naples, Florida 34117 (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; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property. 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 1. Owner shall convey the Property to Purchaser for the sum of $23,000, p~r~y County Warrant (said transaction hereinafter referred to as the "CIost'n~aid payment shall be full compensation for the Property conveyed, ir~cluding all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other dama~,es in connection with c. onveyance of said Property to Purchaser_ i~u.&;,,~.,--o.1[ 2. 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. Purchase Agreement Page 2 o 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. 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; that 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 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 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. o 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 6. 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. 10. 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.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS .VV.,~EREOF, the parties hereto have executed this Agreement on this/_~ day of"7'~ ~-~',-- ,20,~ ~.. Date Property acquisition approved by BCC: November 27, 2001. Purchase Agreement Page 3 AS TO PURCHASER: ATTEST: DW;ti~-. BROCK, Clerk ,~.' , :~., '~ ' ~ >7 p~t~Cl ; De erk AS TO OWNER: DATED: ,.,,,,~ it n ~'s~(~.gf-~ n at u re) Name: ,~",:'¢'~,~ (Print or Type) . itness (Signature) Name: ~r~n~,¢>: ~.~ (Print ~t~e~ ~natqre) (Print or Type) ~no~s~Si~naturo[ Name: 0e~a,~;r (Print or Type) BOARD OF..CQUNTY COMM~BIONERS TTA, Chairman MARIA T. GONZALEZ (./ ~ Approved as to form and le: sufficiency: Assistant County Attorney FEE SIMPLE INTEREST IMMOKALE_E ROAD_ s.R. 86'50'45" E 350.64' 16 ISMAEL GONZALEZ MARIA T. GONZALEZ O.R. 1318, PG. 1030 5o.oo' i= I N 89'40'50" W 350.00' DESCRIPTION: bJ o o z Notes: 'N 1. This is not a survey. 2. Basis of bearing is plat. 0 50 100 200 .o~ vA;'~o ;,~OUT!~:A~URE 3~IE ORIOIhAL RAISED SEAL OF A FLORIDA UCE. SED SU.VerOR A.D The Northerly 79.05 feet of Tract 16 of Golden Gate Estates Unit 23 as recorded in Plot Book 7 at Page 9 of the Public Records of Collier County, Florldo. Containing 0.636 acres more or less. SCALE AS NOTED DATE 09/01 ~'I~1~1 SEC/SUB GGE 23 SHEET 1 OF1 0014.1 FB PG SKETCH AND DESCRIPTION WlLKISON & ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3508 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5175 FLORIDA BUSINESS LICENSE NO. LB5770 W.O. NO. DRAWN BY EAW CHECKED BY DJH FILE NAME O0-018-O00. DWG DWG. NO. IR-L-168B 4. All dimensions are plat unless otherwise noted. 3. Subject to easements, reservations and restrictions of record.