Parcel 170COLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
MEMORANDUM
DATE:
TO:
FROM:
July 2,'3, 2003
Sue Filson, Executive Manager - BCC
File
Lorraine Lantz, Right-of-Way Property Acquisition Specia
FOR Debbie Armstrong
Phone number: 239-213-5843
Santa Barbara Boulevard, Project 62081, Parcel 170 (Folio # 38229080006)
Attached please find the original Purchase Agreement for Santa Barbara Blvd. - Project
62081 for execution by Chairman Tom Henning.
This property is part of the acquisition approved by the BCC pursuant to Resolution No.
2002-442, dated October 22, 2002 the Agenda Item Number was 10B. The Account Number is
336 163556.
Please sign this Agreement on behalf of the Purchaser (BCC) and forward to Minutes and
Records.
Thank you!
PROJECT: 62081
PARCEL No: 170
FOLIO No: 38229080006
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this '~["~' day of .-~'U. IU. ,2003, by and between
EDGAR A. BROWN and CLARA J. BROWN, husband and wife (hereinafter
collectively referred to as "Owner"), whose address is P.O. Box 7903, Naples, Florida
34101-7903 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 as:
The South 180 feet of Tract 107, GOLDEN GATE
ESTATES, Unit 31, according to the plat thereof,
recorded in Plat Book 7, Page 59 of the Public
Records of Collier County, Florida.
(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 $285,470.20
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 all other damages in connection with conveyance of said
Property to Purchaser. Owner is aware of a claim for attorney's fees made by its
former attorney, Bella Patel, on this matter and agrees that said payment by
Purchaser shall include all attorneys' fees as may be 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.
o
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.
Purchase Agreement Page 2
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.
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.
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.)
Purchase Agreement
Page 3
11.This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this .~,t~'. day of ~-'T-o~q~ ,200;5
Property acquisition approved by BCC pursuant to Resolution No. 2002-442, Item 10B,
October 22, 2002.
AS TO PURCHASER:
DATED:
DW i GH,~-~.. BR~)'C,~i Clerk
A8 TO oWNER:
Witness (Signature)
Na~e (Print or Type)
\W~tr~ess (Signature)
Name
Withes.'
Name
~rint or Type)
ture)
Print or Type)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
. '-'-
BY:ToM
H~~ING,~ ~
CLARA J. BRQ,VVN
Approved as to form and
legal sufficiency:
Ellen T. C'hac~li-
Assistant County Attorney