Parcel 167MEMORANDUM
DATE: January .O, 2004
TO:
Ms. Sue Filson, Administrative Assistant
FROM: Margaret J. Kreynus, Acquisition Specialist
Purchase Agreement
Vanderbilt Beach Road - 63051, Parcel No. 167
Cathy Ann Bradley, Individually, and as Trustee of the Cathy
Ann Bradley Revocable Living Trust, dated December 11,
1996
Attached is a copy of the Purchase Agreement in the amount of $42,686.90 ready for
execution by Chairman Tom Henning. This represents a settlement in the amount of the
County's offer plus fees.
Resolution No. 2002-463, adopted by the Board of County Commissioners on November
5, 2002 (agenda item no. 10-B), authorized the acquisition of easements and/or fee simple
parcels required for the construction of the six lane improvements to Vanderbilt Beach
Road, and further authorized its Chairman to execute various Agreements on behalf of the
Board. Most recently, June 24, 2003, the Board adopted Resolution No. 2003-231
(agenda item no. 10-D) authorizing the acquisition of right-of-way by condemnation, if
necessary. Please ask Chairman Henning 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: Vanderbilt Beach Road - 63051
PARCEL No: 167
FOLIO No: a portion of 36662440001
PURCHASE AGREEMENT
THIS PURCHASE AGRE~EMENT (hereinafter referrf~d to as the "Agreement"~.~
made and entered into this ~.3,/.~ day of /,j,l,~.~,,.f ~¢ /j,//j, t.-, 2003, by and betwee~
CATHY ANN BRADLEY, INDiVibUALLY,'AND A~ TRU'STEE OF THE CATHY ANN
BRADLEY REVOCABLE LIVING TRUST, DATED DECEMBER 11, 1996, (hereinafter
referred to as "Owner"), whose address is 4481 7th Avenue NW, Naples, FL 34119-
1527, 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 $39,130.00, 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 and all damages resulting to Owner's remaining lands, and for any and all
other damages in connection with conveyance of said Property to Purchaser, as
provided by law. Property Owner shall also be entitled to statutory attorney fees in
the amount of $1,956.90 payable to Policastro & LeRoux, PA, Trust Account,
Arborist costs in the amount of $100.00 payable to Mr. Green Thumb
Horticulturist, and for real estate appraisal services in the amount of $1,500.00
payable to Calhoun, Collister & Parham, Inc. Payment to Calhoun, Collister &
Parham shall be promptly made after receipt by the Collier County Transportation
Right-of-Way Acquisition Department of a copy of the appraiser's file pertaining to
Parcel 167. Owner hereby authorizes Purchaser to make payment in the amount
of $42,686.90 to Action Title Services, as settlement agent for the disbursement of
proceeds incident to said sale and conveyance of the Property. It is mutually
understood that the Property is being acquired under threat of condemnation.
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
Purchase Agreement Page 2
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.
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.
To the best of Owner's knowledge 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.
Purchaser shall pay for all recording fees for the Warranty Deed, and for any and
all costs and/or fees associated with securing and recording any Partial Release
of any mortgage recorded against the property, and for the fees to record any
curative instruments required to clear title, except for any and all costs and
expenses required to secure and record releases and/or satisfactions from
judgment creditors, which fees, costs and/or expenses shall be the responsibility
of the Owner. I~T-aoeer,~ .....
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.)
10. 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 I~ dayof ,J,,~.~.u.~Lr~ ,200~.~
Property acquisition approved by BCC pursuant to Resolution No. 2002-463, November
5, 2002, and Resolution No. 2003-231, June 24th, 2003.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
~ ¢~. ,~;r~z,,~c..;-,~ B~y Clerk
.
BOARD OF COUNTY COMMISSIONERS
TOM HENNING, Chairman ~¢
Name (Print or Type)
Witness (Signature)
BY: ¢ ~~,,
CATHY/~N BRADLEY, Individually,
and as T¢,bstee of the Cathy Ann
Bradley Revocable Living Trust, dated
December 11, 1996
Name (Print or Type)
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
FEE SIMPLE
INTEREST
.VANDERBILT BEACH ROAD__~
EXISTING 145' ROW
S89'05'00"E 550.02'
DRAINAGE
DESCRIPTION:
The Northerl~ 60,00 feet of Troct 41
Golden Gore Estotes, Unit 2, os recordsd in
Plot Book 4, Poge 75, of the Public
Records of Collier County, Florldo.
Contolning 0,455 ocres more or less.
0 40' 80' 120'
SCALE: 1"~80' '
Notes:
1. This is not o survey.
2. Bosls of beoring is
plot.
3, Subject to
eosements, reservotlons
ond restrictions of
record.
4. Eosements shown
hereon ore per plot,
unless otherwise noted.
5. ROW represents Right
of Woy.
tl/
DAV~O ~/. H/I~TT, P.$,1~1. (FOR THE FIRM)
NOT VALID ~mOUT THE SIGNATURE AND
mE ORleNAL RAISED SEAl. ~ A FLORIDA
LICENSe' SUR~YOR ANO MAPPER
FOLIO NO..~Ou~v~/