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Parcels 108, 109 & 110COLLIER COUNTY TRANSPORTATION DIVISION DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT RIGHT-OF-WAY ACQUISITION OFFICE MEMORANDUM DATE: April !ri, 2003 TO: FROM: Sue Filson, Executive Manager - BCC Lorraine Rossi, Right-of-Way Property Acquisition Special Phone number: 239-213-5843 Immokalee Road, Phase 2 - Parcels # 108, 109 and 110 (all designated as folio # 00191720008) Attached please find the original Purchase Agreement for Immokalee Road Phase 2 - Project 60018 for execution by Chairman Tom Henning. This property is part of the acquisition approved by the BCC pursuant to Resolution No. 2001-450, November 27th, 2001 the Agenda Item Number was 16B5. The Account Number is 313 163673 Please sign this Agreement on behalf of the Purchaser (BCC) and forward to Minutes and Records Management for attestation by the Clerk of the Board. Thank you! PROJECT: PARCEL No: FOLIO No: Immokalee Road, Phase 2 - 60018 108, 109 and 110 O0191720008 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~.q4~ day of /~, f-~ ~ ,2003, by and between Norma E. Banas (hereinafter referred to as "Owner"), whose address is 9824 Immokalee Rd., Naples, FL 34120, 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 as follows: Owner shall convey the Property to Purchaser for the sum of $144,000.00 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 including business damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 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. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; 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 Purchase Agreement Page 2 10. 11. 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. 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. 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 3 IN WITNESS WHE, REOF, the parties hereto have executed this Agreement on this ~ day of _~:?r-~ [ ,2003. Property acquisition approved by BCC pursuant to Resolution No. 2001-450, November 27th, 2001. AS TO PURCHASER: DATED: ATTEST: ,, "' ~'~,'~',i'~ ~" ~',, .-., Clerk BOARD OF COUNTY COMMISSIONERS COLLIER~TY, .~/IDA o BY: ,Chairmalt[ AS TO OWNER: DATED: Witness (Signature) Name (Print or Type) Wit.s (Signature) Name (Print or Type) Approved as to form and legal sufficiency: Heidi F. A~'sshton Assistant County Attorney l' 1aa' R/W · NORTH LINE OF SECT,!,ON 25 FEE SIMPLE INTEREST PARCEL #108 EXHIBIT/ Palte /__ of__.~_ N IMMOKALEE ROAD S.R. 846 0 50 100 150 Notes: 1. Thfs is not a survey. 2. Basis of bearing fs N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 89.04 feet, of the West 176.24 feet, of the Northeast 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet thereof. Containing 0.361 acres more or less. SCALE AS NOTED DATE / 176.2¢'--,- / / / / ok NOT TO SCALE: NOT VALID WITHOUT 'tHE SIgNA;TtJRE AND THE ORIGINAL RAISED:!'$EAL :,OF'.A FLORIDA LICENSED SURVEYOR ' AND MAPPER SKETCH AND DESCRIPTION WlLKISON & ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104. (94.1) 64.3-2404 FAX NO. (94-1) 64-3-5173 FLORIDA BUSINESS LICENSE NO. LB5770 25/48/26 SHEET W.O. NO.__ 0014.1 FB PO 1.0F1 DRAWN BY EAW CHECKED ~' DJH FILE NAME 00-018-O0. DWG DWG. NO. IR-L-lO8 ~-N 0100' R/W RTH UNE OF SECTION 25 FEE SIMPLE INTEREST PARCEL #109 EXHIBIT_ tMMOKALEE ROAD 0 5o lOG 150 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 5. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.06 feet, together with the Southerly 9.98 feet, of the Northerly 89.04 feet, of the Westerly 61.69 feet, of the West 1/2, of the East 176.24 feet, of the West 552.48 feet, of the Northeast 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, except the north 100 feet thereof. Containing 0.174 ocres more or less. SCALE AS NOTED DATE 11/01 352.48' --~ 176.24' NOT TO SCALE: ~ '<, -:: ~: :: :,. ;~,,, DAVID d. ,~/A'f~l', J~¢l~. (FOR THE FIRM) FLA. LIC. ~10. 5,8~ . . .." , " ' NOT VALID WIT~UT ~E 'SIGNATURE AND THE ORIGINAL RAISED. SEAL oF-" A 'FLORIDA LICENSED SUR~YOR 'ANb.' M~PPER SKETCH AND DESCRIPqON WILKISON & ASSOCIATES ENGINEERS, SURV~ORS AND P~NNERS 3506 ~CHANGE AVE. NAPLES, F~. 34104 (941) 643-2404 FAX NO. (941) 643--5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUe 25/48/26 SHEET 1 OF. 1 W.O. NO. 0014.1 FB PO DRAWN BY EAW CHECKED BY DJH FILE NAME 00--01 8-O0. DWG DWO. NO. IR-L-lO9 r FEE SIMPLE INTEREST PARCEL #110 EXHIBIT.__/ _ Page_.~ of j'~ i~oo' R/W NORTH LINE OF SECTION 25 N IMMOKALEE ROAD S.R. 846 -- 0 5O lO0 150 Notes: 1. Thfs is not a survey. 2. Basis of bearing fs N/A. 3. Subject to easements, reservatfons and restrictfons of record. DESCRIPTON: / 352.48' ~ /-.,-- 176.24' -.-- / ! NOT TO SCALE: The Northerly 79.06 feet, of the East 1/2, of the East 176.24 feet, of the West 352.48 feet, of the Northeast 1/4, of the Northwest 1/4, of Section 25, Township 48 South, Range 26 East, Collier CountY, Florid(], except DAVID J. FtY~j:Cr, J~[!~{." (FOR .THE FIRM) the north 100 feet thereof. Containing 0.160 acres FLA. LIC. NC 51i~j¢4~ -' more or tess. NOT VALID WITHOUT THE SI-gNATURE AND THE ORIGINAL RAISED. SEAL OF'.A FLORIDA LICENSED SURVEYOR 'AND:'MAI~PER' SCALE 25/48/26 SKETCH AND DESCRIPTION WILKISON & ASSOCIATES INC. I ENGINEERS, SURVEYORS AND PLANNERS 5506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SEC/SUB , W.O. NO. DRAWN By FILE NAME 0014.1 EAW O0-018-O0.DWG SHEET FB PG CHECKED BY DWG, NO. 1 OF 1 IR-L-110 DJH AS NOTED DATE 11/01