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Parcel 161MEMORANDUM DATE: February 1~, 2004 TO: Ms. Sue Filson, Administrative Assistant ~argaret J. Kreynus, Acquisition Specialist FROM: RE: Purchase Agreement Vanderbilt Beach Road - 63051, Parcel No. 161 Gary Gene Johnston Attached is a copy of the Purchase Agreement in the amount of $18,300.00 ready for execution by Chairman Donna Fiala. 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 Fiala 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: 161 FOLIO No: a portion of 36661480004 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this i& day of ~C~ , 2004, by and between GARY GENE JOHNSTON, (hereinafter referred to as "Owner"), whose address is P.O. Box 216, Linville, NC 28646-0216, 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 $18,300.00, which includes a boundary survey payment of $500.00 (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. Owner hereby authorizes Purchaser to make payment in the amount of $18,300.00 to Action Title Services, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property. Action Title Services will issue Owner's settlement funds via cashier check. 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 thirty (30) 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 Purchase Agreement Page 2 10. 11. 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. 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. In accordance with Statutory exemptions prohibiting payment of documentary stamp taxes by Purchaser, Owner shall pay all documentary stamp taxes required on the instrument of transfer. 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 WHEREOF, the parties hereto have executed this Agreement on this ~c~ day of ~ ,2004. 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 AS TO OWNER: DA ED: Witness (Signature) Name (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Donna/Fiala~ Cl~airm~n' - GARY Gl=NE JOHN~DN--" Witness (Signature) Name (Print or Type} Approved as to form and legal sufficiency: Heidi F. As'l~ton Assistant County Attorney DERBILT BEACH ROAD EXISTING 145' ROW N S89'05'00"E 150.01' 0 40' 80' 12O' SCALE: 1": 80' Notes: 1. This is not o survey. 2. Bosis of beoring is plot. 3. Subject to eosements, reservotions ond restrictions of record. 4. Eosements shown hereon ore per plot, unless otherwise noted. 5. ROW represents Right of Woy. DESCRIPTION: The Northerly 60.00 feet of Troct 24, Golden Gore Estotes, Unit 2, os recorded in Plot Book 4, PoLe 75, of the Public Records of Collier County, Florido. Less ond Except the Lost 180 feet thereof. Contoining 0.207 ocres more or less. Dot ED. EOOE - 09,4]:06 JNAPIERIX,\SUR\O4~E4\VANDY\IL374.dwg DAYqD J: ,J,~ATT,'I~.S.M. (F.R THE FIRM) FLA. LIC.~NO, 5834 //-/- ~.7-.. (DATE SIGNED) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER FOLIO NO. Wils nMiller CLIENT: COL/_/ER COUNTY DEPARTR4ENT OF= ~A~ ;KETCH AND DESCRIPTTON DATE: PROJECT NO.: SHEET NUMBER: FILE NO,: L~.e-24-O00-O00 ~/ or ,XX