Parcel 143COLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
MEMORANDUM
DATE:
TO:
FROM:
January 1 7.-, 2004
Sue Filson, Executive Manager - BCC
File
Lorraine Lantz, Right-of-Way Property Acquisition Specialist ~,~f~
Phone number: 239-213-5843
Vanderbilt Beach Road (Parcel #143 - Folio Number 41823440000)
Attached please find the original Purchase Agreement for Vanderbilt Beach Road -
Project 63051 for execution by Chairman Tom Henning.
This property is part of the acquisition approved by the BCC pursuant to a Gift and
Purchase Resolution No. 2002-463, dated November 5, 2002 the Agenda Item Number was 10-
B. The Account Number is 313 163673
Please sign this Agreement on behalf of the BCC and forward to the Board Minutes and
Records for attestation by the Clerk.
Thank you!
PROJECT:
PARCEL No:
FOLIO No:
63O51
143
Part of 41823440000
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to 8j~,~[~,.~ "Agreement") Is
made and entered into this i'Lr~h day of Or.,,.~u.o.r.~4 . ._, ~'2"3%~,'by and between
IBRAHIM OZBAY AND HATiCE OZBAY, HUSBAND 'AND WIFE (hereinafter referred
to as "Owner"), whose address is 5361 Cherry Wood Drive, Naples, Florida, 34119-
1439, 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 Properly 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 padies as
follows:
Owner shall convey the Property to Purchaser for the sum of $11,050.00 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 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 partii~s, 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
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 environi'nental law violation on any property
contiguous to or in the vicinity of the Property to be sotd to the Purchaser, that the
Owner has not received notice and otherwise has no knowledge of a) any spill on
the Properly, 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 coud, 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.. Purchaser 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.
11.
If the Owner holds the Properly in the form of a partnership, limited padnership,
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 lleld 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, Rorida Statutes.)
This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Purchase Agreement
Page 3
IN WITNESS WHEREOF, the parties,~hereto have executed this Agreement on
this ~"~ day°f--.~gt~.~-{ _, 200~.
Property acquisition approved by BCC pursuant to Resolution No. 2002-463, November
5th, 2002.
AS TO PURCHASER:
DATED: ~.z~~~,~
BOARD OF COUNTY COMMISSIONERS
-oz.
AS TO OWNER:
DATED:
_
Witness (Si~nlatu~e~'~--';~
v~~gn~ture)
Name (Print or Type)
Wlt~es~ (Signature)
Name (Print or Type)
HATICE OZBAY
Approved as to form and
leg~ su fficienc,~.'
Assistant County Attorney
· J 1L-372
EXHIBIT
Page_j_
FEE 81MPLE
INTEREST
VANDERBILT BEACH ROAD ,
EXISTING 170' ROW ..
S89'54'03"E 1.~n nn'
AC'
0
4~
'DESCRIPTION:
The Northerly 40.00 feet of The East 150
feet of Tract 44, golden Gate Estates, Unit
95, as recorded In Plot Book 9, Page 45,
of the Public Records of Collier County,
Florldo.
N
0 40' 80' 120'
SCALE: 1"= 80'
Notes:
1. This Is riot o survey.
2. Basle of bearing Is
the South Ilne of
Vanderbilt Beach Road
being S 8g'54'03" E,
Florida State Plane
Coordinates NAD 8,3/90,
East Zone.
$. Subject to
easements, reservations
and restrictions of
record.
4. Easements shown
hereon are per plat,
unless otherwise noted..
5. ROW represents Right
of Way.
Containing 6000.31 square feet or 0.138
acres more or less.
.ouo
6. Portion of Section
Township 48 South,
Range 26,.. Eds{'.'..
, a, um~ ~URE 'AND
ORIGINAL RAISED SEA'S: O~ A FLORIDA