Parcel 115
RIGHT -OF- WAY ACQUISITION OFFICE
COLLIER COUNTY TRANSPORTATION DIVISION
DEP ARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT
MEMORANDUM
DATE:
October 4,2004
TO:
Sue Filson, Executive Manager - BCC
FROM:
Paul Young, Right-of-Way Property Acquisition Specialist
Phone number: 239-213-5884
RE:
Immokalee Road - project 66042, parcel 115 (a portion of 27167500206)
TDRE Agreement 715A, TCE Agreement 715B
Attached please find the original Purchase Agreement for parcel 115, TDRE Agreement
for parcel 715A, and TCE Agreement for parcel 715B, for signature by the Chairman on behalf
of the Board of County Commissioners.
Parcels 715 A and B are part of the acquisition approved by the BCC pursuant to a Gift
and Purchase Resolution No. 2002-417, dated September 24,2002 the Agenda Item Number was
10-1. ---------~.
Parcel 115 is part of the Condemnation Resolution 2004-35, Agenda Item 10 D approved
January 27,2004. --
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!
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PROJECT:
PARCEL No:
FOLIO No:
66042
115
a portion of 27167500206
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this ~ day of ()c..:n>dbr<- , 2004, by and between
COLLIER DEVELOPMENT CORPORATION, a Florida corporation whose mailing
address is 3003 Tamiami Trail N., Naples, Florida 34103-2714, (hereinafter referred to
as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (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. The above recitals are true and correct and are made a part of this Agreement.
2. Owner shall convey the Property to Purchaser for the sum of $8,800.00 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 $8,800.00 to American Government Services Corporation as
settlement agent for the disbursement of proceeds incident to said sale and
conveyance of the Property (the "Title Agent") who shall make payment to Owner
at the time of Closing. It is mutually understood that the Property is being
acquired under threat of condemnation.
3. Prior to Closing, Owner shall obtain from the holders of any liens 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 be permitted to reserve the right to
reinstall the two (2) monument sign "up lights" presently located on the Property
to approximately their present location, provided such reinstallation does not
interfere with any improvements to the Property installed or proposed to be
installed by Purchaser. Such lights shall be subject to removal, upon thirty days
written notice to Owner, if deemed to be a public safety or maintenance hazard.
No additional permit or approval shall be necessary for the lights to be relocated
to approximately their present location. This provision shall survive closing and
shall not merge into the deed.
Purchase Agreement
Page 2
4. 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 for
a period of up to sixty (60) days pending receipt of such instruments, properly
executed, which either remove or release any and all such liens affecting
Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the
County Warrant to Title Agent for disbursement to Owner and Owner shall deliver
the conveyance instrument to Purchaser in a form acceptable to Purchaser.
5. 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.
6. 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, on or before October 20,2004.
7. Owner represents that, to the best of its knowledge: 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 environmental 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.
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.
Purchase Agreement
Page 3
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
9' day of ()CA1> ~0<...,..- , 2004.
Property acquisition approved by BCC pursuant to Resolution No. 2004-35, Agenda
item 10 D dated January 27,2004.
AS TO PURCHASER:
DATED:~1°'1
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
nna Fiala, Chairman
COLLIER DEVELOPMENT CORPORATION, a
Florida corporation
DATED: ,¡ /;,C {4
, ¡
By (,.jJ.;)¿V~~ fJ l ,( k ~
Signature
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Witness Signature)
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Name (Print or Type)
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Witn s (Signature)
Elizabeth M. Dillinaham
Name (Print or Type)
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Printed Name
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Title
Approved as to form and
legal sufficiency:
kv-~
Ellen T. Chadwell
Assistant County Attorney
Purchase Agreement
Page 4
JOINDER TO PURCHASE AGREEMENT
Collier Health Park, Ltd., a Florida limited partnership, hereby joins in the
Purchase Agreement between Collier Development Corporation and Collier County
dated the ~ ~ day of ~ ~ 8~ , 2004, to which this Joinder is
attached (the "Purchase Agreement"), and agrees to release its interest in the Property
from the Ground Lease between Collier Health Park, Ltd. and Collier Development
Corporation at the time of the Closing pursuant to the Purchase Agreement.
COLLIER HEALTH PARK, LTD., a Florida
limited partnership
By: Collier Management Services, Inc., a
Florida corporation
By: ~ ~J lÙ<Ltis
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Print Name: '~. k .. C (ì ¡ 1J
fì IPiil f(j. ~ Date
Witn'1!s
Print Name: Elizabe M. Dillingham
Print Name:
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HOLE MONTES
ENGINEERS· PLANNERS, SURVEYORS
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EXHIBIT A
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950 Encore Way· Naples, Florida 34110' Phone: 239.254.2000' Fax: 239,254,2075
HM PROJECT #2000067
3/17/04
REF. DWG. #B-3627-2
PARCEL NO. 115
LEGAL DESCRIPTION
A PORTION OF TRACT B OF COLLIER HEALTH PARK ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 17 AT PAGES SO AND SI OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF THE FORMER SEABOARD COASTLINE
RAILROAD RIGHT-OF-WAY AS RECORDED IN OR BOOK 921 AT PAGE 1087 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 22,
TOWNSHIP 48 SOUTH, RANGE 2S EAST, COLLIER COUNTY, FLORIDA, AS THE SAME ARE SHOWN ON THE
PLAT OF COLLIER HEALTH PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 17 AT
PAGES SO AND SI OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.89°48'51"W.,
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22, FOR A DISTANCE OF 73.39
FEET TO A POINT ON THE BOUNDARY OF TRACT B OF SAID COLLIER HEALTH PARK, THE SAME BEING A
POINT ON A CIRCULAR CURVE, CONCA VE NORTHWESTERLY, WHOSE RADIUS POINT BEARS
N.OO° 11'09"E. A DlST ANCE OF 30.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG THE ARC
OF SAID CURVE TO THE LEFf, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF
76°30'24", SUB TENDED BY A CHORD OF 37.15 FEET AT A BEARING OF N.51°SS'57"E., FOR A DISTANCE OF
40.06 FEET TO A POINT 23.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22 AND THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N .89°48' 51 "W ., PARALLEL WITH THE SOUTH LINE
OF THE SOUTHEAST QUARTER OF SAID SECTION 22, FOR A DISTANCE OF 18.55 FEET; THENCE RUN
N.43°48'26"E., FOR A DISTANCE OF 26.52 FEET TO A POINT ON THE BOUNDARY OF SAID TRACT B;
THENCE RUN S.05°3S'OI"E., ALONG THE BOUNDARY OF SAID TRACT B FOR A DISTANCE OF 9.23 FEET TO
A POINT ON A TANGENTIAL CIRCULAR CURVE CONCAVE WESTERLY; THENCE RUN SOUTHERLY ALONG
THE BOUNDARY OF SAID TRACT B AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 19°15'46", SUB TENDED BY A CHORD OF 10.04
FEET AT A BEARING OF S.04°02'S2"W., FOR A DISTANCE OF 10.09 FEET TO THE POINT OF BEGINNING;
CONTAINING 188.6 SQUARE FEET MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 48
SOUTH; RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°48'51"W.
HOLE MONTES, INC.
CERTIFICATION OF AUTHORIZATION LB #1772
BY
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, THOMAS M. M I'
P.S.M. #S628
STATE OF FLORIDA
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