Parcel 104BCOLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
MEMORANDUM
DATE: March ~, 2004
TO:
Sue Filson, Executive Manager - BCC
FROM:
Paul Young, Right-of-Way Property Acquisition Specialist
Phone number: 239-213-5884
RE:
Vanderbilt Beach Road (Parcel # 104B, a portion of 00177202003)
Attached please find the original Purchase Agreement for Vanderbilt Beach Road -
Project 63051 for execution by Chairman Fiala.
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 Purchaser (BCC) and forward to the Board
Minutes and Records for attestation by the Clerk.
Thank you !
PROJECT: 63051
PARCEL No: 104B
FOLIO No: a portion of 00177202003
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this __ day of ,2004, by and between
TIBURON GOLF VENTURES LIMITED PARTNERSHIP, a Delaware Limited
Partnership (hereinafter referred to as "Owner"), whose address is 24301 Walden
Center Dr., Suite 300, Bonita Springs, FL 34134-4920 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 $1,200.00 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. Owner
acknowledges that this transaction is in furtherance of the Vanderbilt Beach Road
Project, and this conveyance is in lieu of Purchaser's acquiring the Property via
eminent domain proceedings. Accordingly, Owner waives any damages to its
adjoining or contiguous property arising from claims which either have been made
or which could have been made had this acquisition been accomplished via
eminent domain, including severance damages, business damages, and all
attorney's fees, expert witness fees and costs as provided for in Chapter 73,
Florida Statutes. Owner expressly reserves the right to assert damages to its
adjoining or contiguous property arising out of all other claims, such as those
arising from Purchaser's negligent excavation of the Property.
Prior to Closing, Owner shall use its reasonable commercial efforts to obtain from
the holders of the liens, exceptions and/or qualifications encumbering the Property
more Darticuladv described on Exhibit "B" attached hereto, the execution of such
,,s[ruments wnlc~ w~ll remove or release su(.;r~ encumu~nces 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. Notwithstanding the foregoing, if Owner is unable to obtain such
releases after using reasonable commercial efforts, it shall not be deemed in
default under this Agreement. However, the Purchaser may elect to terminate this
Agreement if Owner is unable to convey a clear and marketable title as provided
by Florida law, provided notice of such termination is provided to Owner on or
before sixty (60) days from the date of execution of this Agreement.
Purchase Agreement Page 2
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 in
the form of Exhibit "C" attached hereto to Purchaser. This Agreement shall
automatically terminate with no liability to either party if closing has not occurred
on or before one hundred twenty (120) days from the date of execution of this
Agreement.
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, pertaining to the subject matter outlined in this
Agreement. Owner and Purchaser agree that, except as expressly provided for in
this Agreement, the Property shall be sold and Purchaser shall accept possession
of the Property at Closing "AS IS", "WHERE IS", and "WITH ALL FAULTS", with
no right of set-off or reduction in the purchase price. Purchaser further
acknowledges and agrees that except as expressly provided in this Agreement, it
is relying solely upon its own inspection of the property and not upon any
representations made to it by any person whomsoever on Owner's behalf.
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.
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 and Owner's title policy shall be paid by Purchaser. Owner shall
have no obligation or liability for any Pelican Marsh Community Development
District fees or assessments on the property subsequent to closing. Owner will be
responsible for all fees and assessments by Pelican Marsh Community
Development District pro-rata through the date of closing. Owner will be
responsible for providing a letter of estoppel from Pelican Marsh Community
Development District as to all future fees and assessments. Notwithstanding the
foregoing, if Owner is unable to obtain such letter of estoppel after using
reasonable commercial efforts, it shall not be deemed a default under this
Agreement and Purchaser shall have the right to terminate this Agreement as
provided in paragraph 2, above.
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.
Purchase Agreement Page 3
If the Owner holds the Property in the form of a padnership, 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this __ day of ,20
Property acquisition approved by BCC pursuant to Resolution No. 2002-463 dated
November 5, 2002.
AS TO PURCHASER:
DATED: ~ '~' 0 ~
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COI~TY, FLORIDA
BY: Don~a~airm~an
TIBURON GOLF VENTURES LIMITED
PARTNERSHIP, a Delaware limited
Partnership
witness (signaiure) - --
LLJ
N"'ame (Print or Ty"'-pe -- - ---[
~i~~n ~u~
Name (Print o~, Type)
Approved as to form and
legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
By: Tiburon Golf Ventures, Inc.
General Partner
Title
Name (print or type)
Item
Agenda
Date ~Z..
Date
Rec'd
Z
EXISTING
NORTH
ROW
24' ~
00'16'01" E z
15.00' ~
POB~.
S 00'16'01" W
15.00' -
EXHIBIT
TRACT "R"
PELICAN MARSH UNIT 20,
PLAT BOOK .30, PAGES 7: -75
I("
IJTIBURON--THE NORMAN ESTATES
I[ AT PEUCAN MARSH UNiT 2.3,
PLAT BOOK 31, PAGES 4.3-44
I
MENT
O.R. 2488, PAGES
1355-1359
PARCEL] / PA~ES lo~-1o65
~3'59" E 22.O4'
GOLF COURSE PARCEL "C"
AS DESCRIBED IN O.R. BOOK
246`3, PAGES 1951-1962
SECTION `36
NOT PLATTED
-'-----EXISTING 24' F.P.L
EASEMENT PER O.R. BOOK
1285, PAGES 1917-1919
REVISED PARCELS 05/06/0.3
REVISED PARCELS 02/14/200`3
PROJECT ,0.: 63051
PARCEL NO. : 104E~
WilsOnMiller
May 09, 2003 - 07: 55:30 KTHOMPSO[X: ~5UR\O4224~,VANDY\IL372-A.dw
CLI EN T:
TITLe:
DATE:
z
0 75' 150' 225'
SCALE: 1" 150'
Notes:
1, This is not o survey.
2. Basis of bearing is the North line of
Vonderbilt Beach Rood being N 89'43'59" W
Florida State Plane Coordinates NAD 83/90,
East Zone.
.3. Subject to easements, reservations and
restrictions of record.
4. Easements shown hereon ore per plat,
unless otherwise noted.
5. ROW represents Right of Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencement.
Description:
A portion of Section `36, Township 48 South, Range 25
East, Collier County, Florida, being more particularly
described os follows:
Commencing at the Southeast corner of
Tiburon-Normon Estates ot Pelican Marsh, Unit 2`3
recorded in Plot Book ,31, pages 43-44 in Collier
County, Florida; thence South 89'43'59" East along the
Northerly Right-of-way line of Vonderbilt Beach Rood,
for o distance of 40`3.56 feet; to the Southwesterly
corner of those lands described in Official Record Book
2731, pages 1061-1065 of the Public Records of Collier
County, Florida and the POINT OF BEGINNING; thence
North 00'16'01" East, along the Westerly Boundary of
said described lands, for o distance of 15.00 feet;
thence South 89'4.3'59 East, for o distance of 22.04
feet; to o point on the Westerly Boundary line of "Golf
Course Parcel "C" os described in Official Record Book
2463, pages 1951-1962 of the Public Records of Collier
County, Florida; thence South 00'16'01" West, along
said Westerly Boundary of "Golf Course Parcel "C", for
o distance of 15.00 feet; to its intersection with the
Northerly Right-of-Way line of Vonderbilt Beach Rood;
thence North 89'43'59" West, along said Northerly
Right-of-way line of Vonderbilt Beach Rood, for o
distance of 22.04 feet, to the POINT OF BEGINNING;
Containing 0.008 acres, more or less,
ANDREW B. BECK, P.S.M. (FOR THE FIRM)
FLA. J,IC. NO. 6065
~,~'/~'~.-- (DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND
THE ORiGiNAL S AL
UC.,S
O" AUT.
,',
OO~E~ OOU~ DEPA~E~
O~ ~ANBPO~A
SK~CH AND ~SORI~ON
IPROJECT NO.:
04224.-000-000
SHEET NUMBER:
04~ OF X-X
FILE NO.:
1L-372
EXHIBIT "B"
to Purchase Agreement Parcel No. 104B
o
Declaration of Covenants, Conditions and Restrictions for Tiburon Golf
Course, recorded July 1, 1998, in O.R. Book 2436, Page 1454, as amended in
O.R. Book 2767, Page 2943 and O.R. Book 3233, Page 188, Public Records
of Collier County, Florida.
Golf Course Access Easement in favor of Tiburon Golf Ventures Limited
Partnership, recorded in O.R. Book 2436, Page 1491, of the Public Records of
Collier County, Florida.
Memorandum of Golf Access Agreement recorded in O.R. Book 2436, Page
1513, of the Public Records of Collier County, Florida.
Grant of Easement in favor of Pelican Marsh Community Development
District recorded July 20, 2000, in O.R. Book 2700, Page 1879, Public
Records of Collier County, Florida.
EXHIBIT "C"
PROJECT:
PARCEL NO:
FOLIO NO:
63051
104B
a portion of 00177202003
This instrument prepared by:
Vivien N. Hastings, Esquire
24301 Walden Center Drive
Bonita Springs, FL 34134
(239) 947-2600
WARRANTY DEED
THIS WARRANTY DEED is made this __ day of ., 2004, by TIBURON GOLF
VENTURES LIMITED PARTNERSHIP, a Delaware limited partnership, whose post office address is
24301 Walden Center Drive, Bonita Springs, Florida 34134 (hereinafter called the "Grantor") to
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose
post office address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter called the "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives, and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys, and confirms unto the Grantee, all that certain land situate in Collier
County, Florida, to wit:
See attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
TOGETHER with all the tenements, hereditaments, and appurtenances thereto belong or in
anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said
land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that
the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims
of all persons whomsoever; and that said land is free of all encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and
year first above written.
Signed, sealed and delivered
In the presence of:
Printed Name
Printed Name:
TIBURON GOLF VENTURES LIMITED
PARTNERSHIP, a Delaware limited partnership
By: Tiburon Golf Ventures, Inc., a Delaware
corporation, as General Partner
By:
Print Name:
Its:
i:pelicanmarsh\deedcty.tgv2
STATE OF FLORIDA )
COUNTY OF LEE )
The foregoing instrument was acknowledged before me this day of ,2004, by
, as of Tiburon Golf Ventures, Inc., a
Delaware corporation, and General Parmer of Tiburon Golf Ventures Limited Partnership, a Delaware
limited partnership, on behalf of the corporation and the partnership. He is personally known to me.
Notary Public
Printed Name
My Commission Expires
i:pelicanmarsh\deedcty.tgv2