Parcel 212MEMORANDUM
RECEIVED
DATE: 5-16-02 M~¥ I ? 2002
TO:
FROM:
Board of County Commissioners
Ms. Sue Filson, Executive Manager, BCC
Kevin Hendricks, Transportation Right of Way Manager
Immokalee Road Purchase Agreement
David H. Gee, Parcel 212
Attached is a Purchase Agreement ready for execution by Chairman,
James N. Coletta.
David H. Gee, the owner of parcel 212, has accepted Collier County's offer
for settlement in the amount of $2,800.
Resolution No. 2001-450, adopted by the Board of County Commissioners
on November 17, 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: IMMOKALEE ROAD PHASE I - 60018
PARCEL: 212
FOLIO: 39590080006
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered and entered into this ,,~! ~' day of il~,~ ,2002, by and
between DAVID H. GEE, Trustee, sole Trustee, or his successors in trust, under the
DAVID H. GEE LIVING TRUST, dated May 23, 2000, and any amendments thereto
(hereinafter referred to as "Owner"), whose address is 1816 North Wells Street,
Chicago, Illinois, 60614, 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"); and
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 to Purchaser in exchange for the sum of $2800,
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 properly 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 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 Property
shall be provided to Purchaser on or before the date of Closing.
Purchase Agreement Page 2
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 Releases and Subordinations of
liens recorded against the Property.
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 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 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 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 written or oral agreements, undertakings,
promises, warranties, or covenants not contained herein.
10.
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.
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 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, 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 Purchase Agreement and the terms and provisions hereof shall be effective
as of the date this Purchase 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
assignees, whenever the context so requires or admits.
Purchase Agreement Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Purchase Agreement
on this~;~/$¢' day of
Property acquisition approved by BCC pursuant to Resolution No. 2001-450,
November 27, 2001.
AS TO PURCHASER:
DATED:
,,_~$¥~T,;.. BOARD OF COUNTY COMMISSIONERS
.,,,".~.~.~1;~-~?J~ROCK, Clerk COLLIER COUNTY, FLORIDA
DAT. E D:
(Printed Name)
BY:
DAVID H. GEE, Trustee
,. ' t~'~nature)
j
(Printed Namb)
Approved as to form and
_ic~Cy:
Ellen T. Chadwell
Assistant County Attorney
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MEMORANDUM
DATE: 9-11-2002
TO:
FROM:
Ellie Hoffman
Senior Clerk
Clerk of Courts Minutes & Records
Cathy Lee, Acquisition Specialist
Transportation Right of Way Office
Immokalee Road Project 60018 Phase 1
David H. Gee/ Parcel 212
With regard to the above-referenced project, please find attached one (1)
original recorded Warranty Deed. You have previously received the
Purchase Agreement.
The Board of County Commissioners of Collier County, Florida approved
the acquisition by Gift & Purchase in Resolution No. 2001-450, Item No.
16(B)5), dated 11-27-2001.
The Board of County Commissioners of Collier County, Florida approved
the acquisition by Condemnation Resolution No. 2002-125, Item No. 10E,
dated 2-26-2002.
If you have any questions or comments, you may contact me at 213-5848.
Thank you.
Attachments as stated
CC'
Inventory File w/attachments
Project Contractor's File w/attachments
PROJECT: Immokalee Road (60018)
PARCEL NO. 212
FOLIO NO. 39590080006
3031275 OR: 3092 PG: 0060
RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, PL
~8/15/2002 at ~3:47PN DWIGHT E, BROCK, CLERK
CONS 2800.00
REC PEE 15.00
COPIES 3,00
Netn:
TRANSPORTATION/RIGHT OP
IHTEROPPICE- SOUTH HORSESHOE
ATTN:CA?H¥ LEE
WARRANTY DEED
THIS WARRANTY DEED is made this ~V'~' day of
2002, by DAVID H. GEE, as Trustee of the David H. Gee Living Trust,~lated May 23,
2000 (hereinafter referred to as "Grantor"), whose Post Office address is 1816 North
Wells Street, Chicago, Illinois, 60614-5869, 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 ($10.00) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit:
See Attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
Said property IS NOT the homestead property of the Grantor, nor is it adjacent thereto.
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons whomsoever; and that
said land is free of all encumbrances except as noted above.
from deemmle~ry stamp tax.
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMI8810NE~8,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISION8
OF RESOLUTION NO, ~ DO I, - ~ -.~ 7.)
OR: 3092 PG: 0061
IN WITNESS WHEREOF, the Grantor has caused these presents
executed the day and year first above written.
WITNESSES:
(Print Full Name)
I$ignat~ro) ~
(~P~t FuI~ Name)
DAVID H. GEE, Trustee
to be
STATE OF ....Z'"/..L/r~v J
COUNTY OF ~.oc~/-~
The foregoing Warranty Deed was acknowledged before me this 'z.,Y~ day of
;,~'~l~[ , 20z,,,'2, by David H. Gee, as Trustee of the David H. Gee
Living Trust dated May 23, 2000, who:
__ is personally known to me
OR
/'/-~ produced !/..~ L.
(affix notarial seal)
(Signature of~
(Print Name of Notary Public)
as proof of identity.
Serial / Commission # (if any):
My Commission Expires: ! ~--/"~ '1 1
o
Assistant County Attorney
Ellen T, Ch&d~ll
***.OR:
EXHIBIT CJ
IMMOKALEE ROAD ~R. 846 .....
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150.00' .~
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150.00'
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3092 PG: 0062 ***
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