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Parcel 133 MEMORANDUM Date: May 14, 2004 To: yDebbie Annstrong Transportation From: / ~ Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Purchase Agreement: Vanderbilt Beach Road, Project No. 63051, Parcel 133 Enclosed is (1) original and (1) copy of the document referenced above, Agenda Item #10B, approved by the County Board of Commissioners on November 5,2002 Please date in appropriate places and return original to Minutes and Records. If you have any questions, please contact me at 774-8411 Thank you. Enclosure roY' " Vi . Oy{ /, '\ \' I ,~~J! '-.II ~~( , ~\/ \ \\)~ . -- ~-_._-- PROJECT: 63051 PARCEL No.: 133 FOLIO NO.: 41820720008 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this J Lj Tt1 day of M A;G( , 2004, by and between \ JOHN AURIGEMMA and ADA AURIGEMMA, husband and wife (hereinafter collectively referred to as "Owner"), whose address is 755 Logan Blvd. N., Naples, FL 34119-1422, 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: 1. Owner shall convey the Property to Purchaser for the sum of $3,800.00 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 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. The Owner hereby authorizes Purchaser to make payment in the amount of $3,800.00 to Midwest Title Guarantee Company of Florida, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property. 2. 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. 3. 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. 4. 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 Purchase Agreement - .... -'-~"'-"'-"'. ~-'--'-"~-""'-"- Purchase Agreement Page 2 contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. 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. 6. 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. 7. 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. 8. 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(s) of any mortgage(s) 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. 9. 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 J L/ rJf: day of M (i.",( , 2004. 1 Property acquisition approved by BCC pursuant to Resolution No. 2002-463, dated 11/5/02, Item 10B. AS TO PURCHASER: DATED: o-lLf.o 4 ATTEST: ,"""1" BOARD OF COUNTY COMMISSIONERS ,I'" '_. ., DW IG HT E,'BR.O&~.~lerk COLLIER COUNTY, FLORIDA ~ ~~~';:""';'~~". 'ih BY: I/~", 4~ '. ' '. ,I.,. C . . -'~ ;., ,'. , . . - ~.. . r J . " :c, ~ ~ ~tveL~f i Attest as ~ f'''I':.:/~1 l Donna lala, Chairman S1 t / ....j1.' . ,,',' ,;:' 901' ur. oiij~'~""''''''''~,~y'-j,/ .. ~. ',." "j\o1 " ~'Iit " Vu)il~\l~ .,\\\'" #1~.tHIOl,IL\'" '1-.~J AS TO OWNER: :elL t~~ JI (J e--- J& AURi1MMA Witness (Signature) Ye6~le t+~f1STYL.ONL ~p"nt or Type) ~)'~ (1.JU;Lt~~ JOT() Name (Print or Type) {~(~ /:7 .,~/ d/~-~z.-___~C Witness (Signature) ADA AURIGEMMA ))e:r~~1 E ff-ltJ4 5./~rJ('l ~"nt o<Type) ~~ Witness (Signature) , tLohn~ -SJ~O Name (Print or Type) Approved as to form and legal sufficiency: Item # lOf> kb-t1~ Agenda 11- 5, 0 z.. Date - Ellen T. Chadwell Assistant County Attorney .~_. -,'-."- _ ~ \ L N l I ^ ~~ VANDERBIL T BEACH ROAD EXHIBIT~ EXISTING 170' ROW P-. \ ot....l.- I --- --=-t-- ~ o 50' 100' 150' SCALE: 1" = 1 00' I Notes: I ..I 1. This is not a survey. TRACT 18 IIRACT 19 I I 2. Bearings are based on the west easement line of Logan Blvd. being S P 0 B 00.28'58" E State Plane Coordinates, N89'31'02~'t r . . . Florida East Zone, NAD 83/90. 3.73' I b ~P 0 C 3. Subject to easements, reservations ~ I I . . . and restrictions of record. lei l/) P ARCEL ~ 8 NO~TH 105' OF 133 ----.:.: t\S THE NORTH 180' 4. Easements shown hereon are per plat, .L...J ~ Of TRACT 20 unless otherwise noted. ,~ ()) It) ~ ~ ... 5. ROW represents Right of Way. ~ I\) ~ ~ SOUTH 75' OF 6 P 0 B t p' t f B . . TRACT 17 11.23' I ~ THE! NORTH 180' ... . represen s oln 0 eglnnlng. N84'29 '40 "w. OF. TRACT 20 I 0 I 7. P.O.C. represents Point of 0:::: Commencement. <( r- > z w ~ 0 2 SOUTH 150' Description: -, 0 W OF TRACT 20 I 0-..1 .-- (f)<( I COMMENCING AT THE NORTHEAST CORNER OF TRACT o W 17, GOLDEN GATE ESTATES UNIT 95, PLAT BOOK 9, I OJ z I PAGE 45 OF THE PUBLIC RECORDS OF COLLIER r- >- COUNTY, FLORIDA; __I Z (f) <( THENCE ALONG THE NORTH LINE OF SAID TRACT . <( X:> SOUTH 89'31 '02" WEST 50.00 FEET TO THE POINT l? WOOF BEGINNING; o <(0 THENCE LEAVING SAID NORTH LINE SOUTH 00'28'58" -.J EAST ALONG THE WEST LINE OF A 100 FOOT I 0::: I ROADWAY EASEMENT PER SAID PLAT, 125.95 FEET; THENCE NORTH 84'29'40" WEST 11,23 FEET; I XI.......l THENCE NORTH 02'55'41" WEST 125.00 FEET TO THE (I I I NORTH LINE OF SAID TRACT; f- ~ f- ~ THENCE ALONG SAID NORTH LINE NORTH 89'31 '02" as ~ as ~ EAST 3.73 FEET TO THE POiNT OF BEGINNING. :::Ea.."..... :::Ea.."..... wll::f- WIl::f- TRACT 16 ~ 1r ::s ~ 1r ::s CONTAINING 0.02 ACRES, MORE OR LESS. W a.. W a.. 1e,,~1l:: e,,~1l::1 zo W zo W F Ii ~ F Ii ~ TRACT 21 GOLDEN GATE ESTATES I ~Il:: ~Il:: I UNIT 95, wli' wli' ~ PLAT 800K 9, PAGE 45 l/./ . ~ I ANDREW B. BECK, P.S.M. (FOR THE FIRM) , nA~AlO' 6065 - - - - - - i ~ ~~DATE SIGNED) 60' ROADWAY EASEMENT : CHERRYWOOD N~ V LID WITHOUT THE SIGNATURE AND I THE ORIGINAL RAISED SEAL OF A FLORIDA 7TH A VENUE S. W. I DRIVE LICENSED SURVEYOR AND MAPPER - - . I I I - CERTIFICATE OF AUTHORIZATION LB #43 REVISED PARCEL 05/19/03 REVISED 03/03/2003 PROJECT NO,: 63051 I PARCEL NO, : 133 CLIENT: COLLIER COUNTY DEPAFf'T'IlAENT -,"" . I'tWlJXttXRJO OF TRANSPORTA 770N WiI.Miller m. SKETai AM) DESCRP1lON /'lItmert . ~ . Ec%gIeIw . &.nItyora . L~ ArchIlecllJ . 1hIntIporla/Jon ~ Wl9onMfef; Inc, Nl/pIIf. F'atlifn .!InlIob . /l'Uml. TlIIpI DATE: I PROJECT NO,: I SHEET NUMBER: I FILE NO,: 3inl_1.IM,1Ue:m.~1btit34tU!lJ7.1'1m1 ~'Far ~'MW>618 _.....mll 10/2002 04224-<100-000 33 or XX tL-372 May 23. 2003 - 07: 40: 06 KTrlOMPSOIX: \SUR\04224\VANDy\1L372-A,dwg