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Parcel 151COLLIER COUNTY TRANSPORTATION DIVISION DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT RIGHT-OF-WAY ACQUISiTION OFFICE MEMORANDUM DATE: TO: FROM: May 4, 2004 Sue Filson, Executive Manager - BCC File Lorraine Lantz, Right-of-Way Property Acquisition Specialist Phone number: 239-213-5843 Vanderbilt Beach Road (Parcel # 151, Folio Number 41827280004) Attached please find the original Purchase Agreement for Vanderbilt Beach Road - Project 63051 for execution by Chairman Donna 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: PARCEL No: FOLIO No: 63051 151 Part of 41827280004 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this .~'~ day of 71,~/./..- , 200zJ, by and between BOBBY G. CARR AND DONNA M. CARR, ~USBAND AND WIFE (hereinafter referred to as "Owner"), whose address is 5237 Cherry Wood Drive, Naples, Florida 34119-144!, 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 $14,400.00 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 damages resulting to Owner's remaining lands, and for all other damages including business damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees 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 10. 11. 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. 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 borr~e 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 a~e 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. 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 ,~ dayof /g'~(~ ,20~ Property acquisition approved by BCC pursuant to Resolution No. 2003-231, June 24th, 2003. AS TO PURCHASER: DATED: ~ t/~/-'/ DWtG~. E. BRQCK',.~ork AS TO OWNER: Witness (Signature) Name (Print or Type) Witnes-g"~gnaf~b) Name (Print or Type) Witness (Signature) Name (Print or Type) Name (Print or Type) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONN/~ FIALA, Chairman BOBBY G. CARR DONNA M. CARR Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney item ~ ~ Agenda ~~, Date Oate .~~ Rec'd FEE SIMPLE Page._.L of ] INTEREST VANDERBILT BEACH ROAD EXISTING 170' ROW --TRAC' 76 N 0 40' 80' 120' SCALE: 1"= 80' Notes: 1. This is not a survey. 2. Basis of bearing is the South line of Vanderbilt Beach Road being S ~19'54'03" E, Florida State Plane Coordinates NAD East Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right of Way. DESCRIPTION: The Northerly 45.00 feet of the East 150 feet: of Tract 76, Golden Gate Estates, Unit gs, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida. Containing 6750.35 square feet or 0.155 acres more or less. FOLIO NO,:/~J t~¢~q¢ ,~~¢"i- REUSED PARCEL 04/24/03 6. Portion of Section 4, Township 49 South, Range 26 East. WELL,: p.S]M. (FOR THE ,FIRM) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CERTIFICATE OF AUTHORIZATION LB #43 eLl[NTt ~TLE: DATE: ~ L!ER ~--~UN7'Y C~EF'AFFI7VlENT OF TRA~A TION AND DEBCRIP770N