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Parcel 154TO: FROM: DATE: RE: Memorandum Sue Filson Executive Manager Board of County Commissioners Debbie Armstrong ¢ Acquisition Specialist Transportation - Right-of-Way Office February 11,2004 Santa Barbara Blvd., Project No. 62081 Parcel 154 Transmitted for your further handling is a Purchase Agreement for stormwater retention pond for the Santa Barbara Blvd. expansion project, which the Board authorized the Chairman to execute on its behalf on October 22, 2002, Resolution 2002-442 Item 10B. Please have the Chairman execute the attached Purchase Agreement and forward to the Clerk for attestation. The instrument may then be returned to this office. Please do not hesitate to call (213-5874) if you have any questions or if I may be of any assistance. Thank you. Thank you. Attachment Transportation Right-of-Way Office PROJECT: PARCEL No: FOLIO No: 62081 154 38229800008 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of ,2004, by and between ROSA DISARRO, MARIE PISTILLI, ADRIANNA ROBOTTI AND NICKY DISARRO, (hereinafter collectively referred to as "Owner"), whose address is 1 Poillon Avenue, Staten Island, NY 10312-4715 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 $290,000.00 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 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 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 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 k,qowledg9 of any spil! 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.) 11. 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 of ,2004. Property acquisition approved by BCC pursuant to Resolution No. 2002-442, October 22, 2002. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. 3ROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONN, AS TO OWNER: DATED~: ,~--/-~--/o ~' ~natu&) ~ame (~rint or Type) ROSA DISARRO DATED: ~//-~ /'Witness (Signature) Name (Print or Type) ' MARflE PISTILLI Purchase Agreement Page 4 DATED: Witness (Signature) Name (Print or Type) (,~ADRIANNA ROBOTTI W~tness (S~gnature)  ~or Type) .//~, ~~'-V~i~-nness (Signature; NICKY DI~IARF~ Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney 116.1 SOU TH 150' )r TRACT 116 ;OF TRACT '116~ 117.1 e FEE SI1 ~Pi_E TAKINa 151,056 SQUARE FEET j.l r ACRES EAST LI 'E OF SECTION 20 SANTA ~ARBARA BOULEVARD 10 BLOCK 189 0 25 50 100 GRAPHIC SCALE 200 BLOCK 188 I GOLDEN GATE EST,~TES UNIT PLA T BOOK 7,~PAGE 59 115.1 PROPC R.O,~ EA 115 SED '~EMEN T ~ -~/E /STING 53' EA~ GOLDEN GATE UNIT 6, ~ ~1 LEGAL DESCRIPTION BDNG ALL OF THE NORTH 180 FEET OF TRACT 116, GOLDEN GATE ESTATES UNIT 51, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA. CONTAINING 151,056 SQUARE FEET MORE OR LESS, OR 5.47 ACRES MORE OR LESS, SUBJECT TO THE EXISTING 50' RIGHT OF WA Y EASEMENT PER PLA T AND OFF/C/AL RECORDS CONTAINING 9,540 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICtiONS OF RECORD. NOT A SURVEY PREPARED~B Y: INC. LANC [~_W, Jb~R, P~OFE_.~AL SURVEYOR & MAPPER FLORIDA REGISTRA~LS //5627 NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED WITH THE SURVEYOR'S EIdBOSSED SEAL. CERFIFICA l'E OF AUTHORIZA DON '// L8-45 BEARINGS ARE BAS£D ON NORZN 4t4ERICAN DA~UAI (hlA O} 1985-1990 AD,IUSTMENr STA~E PLANE C~D/NArE S~R~ (~fl) F~ fL~OA EAST Z~E. LEGEND: R.O.W. EASEMENT PROPOSED ADDITIONAL ACOUISITION R.O.~ = RIGHT OF WAY .RO~EC~ nO.:62081 I P^RCEL NO.: 154 WilspnMiller Pianner~ · Eng~neer~ · EcolOg~ts · Surveyora · Land.cape ArcMect~ · Tranaporfalion Conauitant~ Wil~onMiller, hc COLDER COUNTY TRANSPORTA IION, ENGINEERING · CONSTRUCTION MANAGEMENT DIVISION SKETCH AND DESCRIPTION BEING ALL OF THE NORTH 180' OF TRACT 116, GOLDEN GATE ESTATES UNIT ,ti, PLAT BOOK 7, PAGE 59, COLLIER COUNTY, FLORIDA DATE: IPROJECT NO.: I SHEET NUMBER: FILE NO.: 04/2002 I N6022-OO2-OIO-TDHWPI ~54 o~ xxx 2GG-20, LMtLL.E~[X x~SUR~\N6022",,S}ketch Of Descript:or~s'"~Subm;tted'\,2qg203s! 54 d~,g