Parcel 103COLLIER COUNTY TRANSPORTATION DIVISION
DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
RIGHT-OF-WAY ACQUISITION OFFICE
MEMORANDUM
DATE:
TO:
March 16, 2004
Sue Filson, Executive Manager - BCC
FROM:
Paul Young, Right-of-Way Property Acquisition Specialist
Phone number: 239-213-5884
Vanderbilt Beach Road (Parcel # 103, a portion of 76730000045)
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: 103
FOLIO No: a portion of 76730000045
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this 15'4'~ day of ~_ ~¢~_,,~ _ ,2004, by and between
NORMAN ESTATES AT TIBURON 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 $38,300.00 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 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. Notwithstanding the foregoing, if
Owner is unable to obtain such releases after using reasonable commercial
efforts, it shall not be deemed a 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 to
Purchaser in a form acceptable 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 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.
o
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. 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.
o
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
Purchase Agreement Page 3
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 f,~'¢~ day of .~-4,nL~_~.-- - ,200~
Property acquisition approved by BCC pursuant to Resolution No. 2002-463 dated
November 5, 2002.
AS TO PURCHASER:
DATED:
ATTEST.:-,,,'o '.q_~' "'
~ .."'?;,?',~., '... ~. ,,,
~.: .' ,~, :/,',' .... ' , ,,-,, '.
-%'....
AS TO OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Dor~n~-Idi~l~,-Chai-~an -~
NORMAN ESTATES AT TIBURON
LIMITED PARTNERSHIP, a Delaware
Limited Partnership
W'~ne~s (Si.~nature)
Laurel Sitterly
Name (Print or Type
Witn~,ss (S~ature)
Mmry C.n rtl(
Name (Print or Type)
By: NORMAN ESTATES AT TIBURON, INC.
General Partner, a Delaware corporation
Michael R. Green~erg~~
V~; President ~
Name (print or type)
Approved as to form and
legal sufficiency:
'E'il~n T. Chadwell
Assistant County Attorney
EXISTING
NORTH
ROW LINI
TRACT "GC1-E"
IPELICAN MARSH UNIT 20, PLAT
BOOK .30, PAGES 7`3-75
0 75'
SCALE:
150' 225'
1"=150'
Notes:
1. This is not a survey.
2. Subject to easements, reservations
<:nd restrictions of record.
'"*-----EXISTING 24' F.P.L
EASEMENT PER O,R. BOOK
1285. PAGES 1917-1919
5, Easements shown hereon
unless otherwise noted.
are per ~lat,
ROW represents Right of Way.
TRACT "R"
PELICAN MARSH UNIT 20,
PLAT BOOK 30, PAGES 73-75
Description:
Being the South 24.00 feet of Tract "B",
Tiburon-The' Norman Estates ct Pelican Marsh Unit
23, occordin9 to the plat thereof as recorded in
PIct Book 31, Pages 43 through 44 of the Public
Records of Collier County, Florida.
Containing 0.21 acres, more or less.
PARCEL
103
o 1
__JZ
>. --.-
24'
TIBURON-THE NORMAN ESTATES
AT PELICAN MARSH UNIT
PLAT BOOK 31, PAGES 43-44
DAVID J, I~,~ATT. ~5~,~. (FOR THE FIRM)
FLA. LIC. ~NO. 58`334
NOT VALID-WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER
FOLIO NO.,
PROZCT .0.: 6305/ I .^DCa..0. = /03
Wils Mille'F ' " "-
Sap 10, 2002 - 14:30:55 JNAPIERIX:\$UR\O4224\VANDY\lL372.dwg
Ct. lENT:
TITLE:
DATE:
oe/2oo2
COLLIER COUNTY DEPARS'MENT
OP TP, A~RTA TION
8K~-TCH AND DESCRIPTION
PROJECT NO.:
ISHEET NUMBER: I FILE NO.:
ce or xx 11--372