Parcel 114
PROJECT: 65061
PARCEL No(s): 114
FOLIO No(s): a portion of 36667020002
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this L(!( day of Av"",~ , 2005, by and between
RAYMOND M. SOBEL and TAMMY L. SOBEL, flJusband and wife, whose mailing
address is 13965 Collier Blvd., Naples, FL 34119 (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 one hundred
twenty two thousand seven hundred twenty six dollars and 32 cents ($122,726.32), 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. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. Owner shall convey the Property to Purchaser for the sum of:
J 122.726.32
subject to the apportionment and distribution of proceeds pursuant to
paragraph 8 of this Agreement (said transaction hereinafter referred to as the
"Closing"). Said payment to Owner 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 business damages, as provided for in Chapter 73, Florida
----,.~~'-""".,"~~-""'---,~---"
Purchase Agreement
Page 2
Statutes. The Owner hereby authorizes Purchaser to make payment to
American Government Services Corporation as settlement agent for the
disbursement of proceeds incident to said sale and conveyance of the Property.
In addition, the Purchaser shall provide funds to the closing agent for payment
of $10,989 to Policastro & LeRoux, P.A., $8,000 to Calhoun Collister &
Parham, Inc., $1,687.50 to Mr. Green Thumb Horticulturist, and $1,185 to
Cawthra Consulting & Appraisals, Inc. It is mutually understood that the
Property is being acquired under the threat of condemnation.
3. 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.
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
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.
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
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Purchase Agreement
Page 3
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 all fees to record any curative instruments required to clear
title, all Warranty Deed recording fees, and any and all costs and/or fees
associated with securing and recording a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the Property; provided,
however, that any apportionment and distribution of the full compensation
amount in Paragraph 2 which may be required by any mortgagee, lien-holder
or other encumbrance-holder for the protection of its security interest or as
consideration for the execution of any release, subordination or satisfaction,
shall be the responsibility of the Owner, and shall be deducted on the Closing
Statement from the compensation payable to the Owner per Paragraph 2.
9. All ad valorem real estate taxes due on the Property during Owner's term of
possession, and all maintenance charges and assessments due from Owner,
for which a bill is rendered prior to closing, will be charged against Owner on
the closing statement.
10. 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.
11. 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
I
Purchase Agreement
Page 4
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.)
12. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and this 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.
13. 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 l\Þl day of Äv1»t- , 2005.
'-'
Property acquisition approved by BCC pursuant to Resolution No. 2004-182, Agenda
item 10(F), dated 5/25/2004.
AS TO PURCHASER:
DATED: ~1..11Q{'
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Attest J~ LO Cna\f~~~~~ erk
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AS TO OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~,~
Fred W. oyle, Chairman
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Purchase Agreement
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Name . t or Type) V' \-1
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Name (Print or Type)
Approved as to form and
legal sufficiency:
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Heidi Ashton
Assistant County Attorney
Page 5
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GOLDEN GATE ESTATES
UNIT NO, 2
P.B. 4, PAGE 75
LINE
L55
L56
BEARING
589'31 '2B"W
N89'31'28"E
LEGAL DESCRIPTION
A portion of the North 1 /2 of Tract
113 Golden Gate Estates Unit No.2,
Plat Book <\., Pages 75 and 76,
Collier County, Florida, being more
particularly described as follows:
NOTES:
1. This is not a survey.
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2. Basis of bearing Is the West line of County
Road 951 (C.R. 951) being N 00'28'32" W, Florida
State Plane Coordinates NAD 83/90, East Zone,
Beginning ot the Northeast corner of
Tract 113; thence S.00'28'32"E,
along the East line of Tract 113, a
distance of 165.00 feet to its
intersection with the South line of
the North 1/2 of Tract 113; thence
5.89'31 '28"W. along said South line,
a distance of 55,00 feet; thence
N.00'28'32"W., a distance of 165.00
feet to its intersection with the
North line of Tract 113; thence
N.B9'31·28"E.along the North line
of Tract 113, a distance of 55.00
feet to the POINT OF BEGINNING.
Containing 9,075.00 square feet or
0.2083 acres, more or less.
3. . Subject to easements, reservations and
restrictions or record,
4. Easements shown hereon are per plat, . unless
otherwise noted,
5. ROW. represents Right-of-Way.
6. P.O,B. represents Paint of Beginning.
7. P.O.C. represents Point of Commencement.
8. O.R. represents Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
'] -:[ 7 ~()T ,~. (DATE SIGNED)
NOT VALID WITHOUT;IHE SIGNATURE AND THE
ORGINAL RAISED', SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #<\.3
PROJECT NO.: 65061 PARCEL NO. , 114
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Sop 18, 2003 - 18:11:47 MlAMUREiX:\SUR\N8018\g8hd100,dwg
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o 25 50 100 200
GRAPHIC SCALE
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATION
SKETCH & DESCRIPTION
09/200J
PROJECT NO,: filE NO.:
N6015-005-000 2L-812