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Parcel 106AMemorandum To: From: Date: Subject: Ms. Sue Filson, Administrative Assistant Kevin Hendricks, Right-of-Way Design and Valuation Coordinator Real Property Management Department June 11, 2002 Livingston Road Purchase Agreement- Parcel 106 A Transmitted for execution by the Chairman of the Board of Commissioners is a Purchase Agreement for the acquisition of Right-of-Way for the Livingston Road Phase Three project (from Pine Ridge Road to Immokalee Road). Resolution No. 99-426, adopted by the Board on November 23, 1999 (agenda item no. 16[B]20), authorizes the acquisition of road right-of-way, sidewalk, utility, drainage, maintenance and temporary construction easements and/or fee simple title for the Livingston Road six-laning project, and states in part, "In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Director of the Public Works Engineering Department, or his designee, is charged with the responsibility for completion of various capital improvement projects, and is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than Twenty Five Thousand and 00/100 Dollars ($25,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available." The settlement reached with the property owner is within the limits as set forth in the above-referenced resolution, and has been approved by the Project Manager for the Livingston Road expansion project. Please ask the Chairman to execute the attached Purchase Agreement and then forward to the Clerk for attestation. Upon notification by Minutes and Records, we will pick up the document.. Please do not hesitate to call if you have any questions. Thank you. Real Property Management Department Phone: 774-8991 Fax: 774-8876 PROJECT: Livingston Road/60071 PARCEL: ~ FOLIO: 38100880008 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between LB/P GROVEWAY, LLC, a Delaware limited liability company (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 a fee simple interest in that land described in Exhibit "A", which is attached hereto and made a part of this Agreement; and WHEREAS, the Owner desires to convey the above-referenced land (hereinafter referred to as "Property") for the stated purposes, under the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey a fee simple interest in the Property to Purchaser by Warranty Deed for the sum of Fifteen Thousand Dollars, ($15,000.00). 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 attorney fees and costs provided by Chapter 73, Florida Statutes. 2. Purchaser shall pay Owner for the Property by County Warrant (said transaction hereinafter referred to as the "Closing"). 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 thirty (30) days of the execution of this Agreement by Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver a Warranty Deed to Purchaser in a form acceptable to Purchaser. Owner shall remove, within thirty (30) days after closing, any and all property, goods and chattels which are located on the Property. 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, if applicable, 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 unmarketable, use diligent effort to correct defect(s) in the title within thirty (30) days of notice of objection by Purchaser. Any and all documents to Purchase Agreement Page 2 of 2 clear title to the Property shall be provided to Purchaser on or before the date of closing. 6. Owner represents, based on actual knowledge and without investigation, 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. 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 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 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 Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; 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. 9. 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. 10. The Purchaser shall pay for all costs of recording the conveyance documents. 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 any subordinations, consents or releases of any mortgage(s), liens or encumbrances recorded against the Property. The cost of a title commitment shall be paid by Purchaser. 11. 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 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 Purchase Agreement Sent by: Goodlette~Coieman~&Johnson~PA 941 435 1218; 05/12/2002 10:43; 8600; Page 4/6 Page 3 of 3 be binding upon the parties hereto. This Agreement shall any rights or entitlements in, or as benefiting, any third patti Dated Project/Acquisition Approved by BCC: February 12, 2002; Resolution 02-98 AS TO PURCHASER: DAT'ED!' ~~ /_.E~tNf~[~:~,I~K, Clerk ~ot be construed as creating BOARD OF CC UNTY COMMISSIONERS c BY: ~'.,,4~-',~ /_ _ _ JAM~NJ COLE-TTA, Chairman AS TO OWNER: DATED: ~ ) ~o~ o'- WITNESSES: First W.l~e~s (Signature) Name: il~.-d,.~,-,-~ '~ .~/~v ~ ,. (Pri~r ~) Second Witness ~ (Si~nJtu[e) Name: ~( ~-.',/,'L~?~d;;_/~.~ (Print or type) Approved as to form end LB/P GROVEV limited liability its Managing M Address: AY, LLC., a Delaware ompany, ember dll#P~ I~i4!~, ~ece~Vea: ~ to o.,2 o? 16 5/10/2002 8:36; - >Goodlet t e, Co,Leman, &Johnson, PA; #648; Page 3 ~41 7'74 0225 T-767 P,003/003 From-Collier County Attorney Office DESCRIPTION PARCEL 106A; F-581 /~:PARCEL OF LAND LOCATED IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND THENCE RUN SOUTH 02'22'15" EAST ALONG THE EAST LINE OF SAID SECTION 1, A BI!STANCE OF .:5171.32 FEET; THENCE RUN SOUTH 01"13'32" EAST, ALONG SAID EAST LINE OF SECTION 1 AND THE PROPOSED EASTERLY RIGHT-OF- WAy LINE OF LIVINGSTON ROAD, A DISTANCE OF 57..38 FEET; THENCE RUN SOUTH 88'46'28" WEST, A DISTANCE 0~' 275.00 FEET TO AN INTERSECTION WITH THE PROPOSED WESTERLY RIGHT-OF-WAY LINE OF SAID LIVINGSTON ROAD AND THE EASTERLY LINE OF A 125 FOOT FLORIDA POWER AND LIGHT COMPANY EASEMENT FOR THE POINT OF BEGINNING; FROM SAID I=OINT OF BEGINNING RUN SOUTH 01'13'32" EAST ALONG SAiD PROPOSED WESTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD AND SAID EASTERLY LINE OF A t25 FOOT FLOR'IDA POWER AND LIGHT COMPANY EASEMENT, A DISTANCE OF 41.:5.94 FEET TO AN INTERSECTION WITH THE NORTH LINE OF "TRACT 0", A PARCEL OF LAND DEDICATED FOR COUNTY ROAD RIGHT--OF--WAY IN BRIDGEWATER BAY, UNIT ONE, AS PER PLAT RECORDED IN PLAT BOOK 54, PAOES 87-93 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89'45'53" WEST ALONG SAID NORTH LINE OF "TRACT 0", A DISTANCE OF' 112.00 FEET; THENCE RUN NORTH. 01'13'32" WEST AND PARALLEL WITH SAID PROPOSED WESTERLY RIGHT-OF--WAY LINE OF LIVINGSTON ROAD AND SAID EASTERLY LINE OF A 125 FOOT FLORIDA POWER AND LIGHT COMPANY EASEMENT, A DISTANCE OF 364.36 FEET; THENCE RUN NORTH 12'27'43" EAST, A DISTANCE OF 50.71 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 4669.69 SQUARE FEET OR 0.107 ACRES OF LAND, MORE OR LESS, , i SKETCH AND DESCRIPTION SECTION 1, TOWNSHIP 4-9 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA I JOHNSON ENGINEERING ENglllEE,ql, IURVE'~QRI dl~lD ECQLOGI~ f2-01 318 01--49--25 NA l~:i,~"flS;fO'O~ 07:18 From-Collier County Attorney Office 941 774 fl225 PROJECT: NO.: 52071 PROJECT~ PARCEL NO.: .... 106A ~q~T ~F ~MEN~T TAX PARCEL NO.: Oo~SEi~=oel N~[AST C~NE~ ~ ' ' OF SEC~ON 1--49-25 FOUND S/~' PiN 5/10/2002 8:38; _>Goodlette,Coleman,&flohnson,PA; #648; Page 2 T-767 P.002/003 F-581 BRIDGEWATER BAY, UNIT ONE TRACT '0" OF ' (P.a. 5.f., Y. $7-gJ) i ' !PROPOSED O~AN~E Et£OSSOM DRIVE GRAPHIC ~C.AT.~, 200' O' 100' 200' ( D'~ FEET ) 1 inc~ = 200 fL :~IIT.v F ~_~ (:'F=r th~ FErm Profqalmt~ Land. Surveyor Fla'rlda CAr~lfl~a~ Nb POINT OF g~i NNING~ N12'Z7'4G'£ ~ PARCEL I06A ~ UNIT ONE pLAT BOOK PAG~:$ VILLAGE WALK PHASE TWO PL~T BOOK 25 PAGES a-Il VILLAGE WALK HOMEOWNEr,S HOVANCSEK (O.R. BOOK 793. PAGE 452) SEC'lION · - T49S-R~$E NOTES: 1. THIS IS NOT A SURVEY. 2, BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 1 WHICH HAS A BEARING OF $. 02'22'15' 3. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. 4. NOT VALID WITHOUT SHEET 2 OF 2. LEGEND: P.O.B. INDICATES POINT OF BEGINNING P.O.C. INDICATES POINT OF COMMENCEMENT O.R. INDICATES OFFICIAL RECORDS (ETCH AND DESCRIPTION I, TOWNSHIP 49 SOUTH, RANCE 25 EAST COLLIER COUNTY, FLORIDA I JOHNSON ENGINEERING,,INC, I "EII~INEERI, 8UIWEYORI AND ECOI,,~'i'~ I'''~ I~''~'"' I"""" i *"" I"~ ' ! -~*-o'~ I ss~3~a I o~-4~-,,~ I ~'- ~' I loF2