Parcel 128
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. /'
2. /
3. /
4. /
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
PRIMARY CONTACT INFORMATION
Phone Number
51/4
10
I
Agenda Item Number
Number of Original
Documents Attached
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of B CC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of 0 deadlines!
The document was approved by the BCC on enter date) and aU changes
made during the meeting have been incorporate in t e attached document. The
Co un Attorne's Office has reviewed the chan es, if a licable.
Please scan under ~1J-rA- t> iIh the BMR Real Property Folder. Thank you
I: Forms/ County Forms/ B<?C Forms/~~htrfJ1mentt'1t£tiJ;''štfJ$ist;ginaI9.03.04. Revised 1.26.05, Revised 2.24.05
INSTRUCTIONS & CHECKLIST
Yes
(Initial)
N/A (Not
A licable)
~<.;.
2.
IJ\A-
4.
5.
~.
µ
6.
"
PROJECT: Santa Barbara Boulevard #62081
PARCEL No(s): 128
FOLIO No(s): 36430280008
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this .'/ day of (:X~õ te. \, ,2005, by and between
R. L. SCHMECKPEPER, INC., a Florida corporation, whose mailing address is 675
Anchor Rode Drive, Naples, Florida 34103-2719 (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. 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: $11,700.00
subject to the apportionment and distribution of proceeds pursuant to
paragraph 10 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 shall be in full and final settlement of any damages
resulting to Owner's remaining lands, costs to cure, and 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. Owner hereby authorizes Purchaser to make payment in the
amount of $11,700.00 to Midwest Title Guarantee Company of Florida, LLC, as
settlement agent for the disbursement of proceeds incident to said sale and
conveyance of the Property.
3. Owner shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
the applicable title standards adopted by the Florida Bar and in accordance
with law. Prior to the Closing, Owner shall cause to be delivered to Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form (hereinafter referred to as
"Closing Documents"):
(a) Warranty Deed;
(b) Closing Statement;
(c) "Gap", Tax Proration, Owner's and Non-Foreign Affidavit;
Purchase Agreement
Page 2
(d) W-9 Form; and
(e) Such evidence of authority and capacity of Owner and its representatives
to execute and deliver this agreement and all other documents required
to consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. 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.
5. Both Owner and Purchaser agree that time is of the essence of this Agreement
and that, therefore, Closing shall occur within ninety (90) 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
funds to Owner and Owner shall deliver the Closing Documents to Purchaser in
a form acceptable to Purchaser. Purchaser shall be entitled to full possession
of the Property at Closing.
6. Owner and Purchaser agree to do all things which may be required to give
effect to this Agreement immediately as such requirement is made known to
them or they are requested to do so, whichever is the earlier.
7. 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.
8. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the
Property, to enter into and to execute this Agreement, to execute, deliver
and perform its obligations under this Agreement and the instruments
executed in connection herewith, to undertake all actions and to perform
all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) Purchaser's acceptance of a deed to the said Property shall not be
deemed to be full performance and discharge of every agreement and
obligation on the part of Owner to be performed pursuant to the
provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Owner shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property, without first
obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by
Purchaser for any reason whatsoever.
Purchase Agreement
Page 3
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Property or which adversely affect Owner's ability to perform
hereunder; nor is there any other charge or expense upon or related to
the Property which has not been disclosed to Purchaser in writing prior to
the effective date of this Agreement.
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the physical condition of the Property to change
from its existing state on the effective date of this Agreement up to and
including the date of Closing. Therefore, Owner agrees not to enter into
any contracts or agreements pertaining to or affecting the Property and
not to do any act or omit to perform any act which would change the
physical condition of the Property or the governmental ordinances or laws
governing same.
(h) 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.
9. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and 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 any of Owner's representations under paragraph 8 (h). This
provision shall survive Closing and is not deemed satisfied by conveyance of
title.
10. 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 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. Purchaser acknowledges that the property is being
acquired under threat of condemnation.
11. 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. Ad valorem taxes next due and payable, after closing
Purchase Agreement
Page 4
on the Property, shall be prorated at Closing based upon the gross amount of
2005 taxes, and shall be paid by Owner. Real Property taxes shall be prorated
based on the current year's tax with due allowance made for maximum
allowable discount, homestead and any other applicable exemptions and paid
by Owner. If Closing occurs at a date when the current year's millage is not
fixed, taxes will be prorated based upon such prior year's millage.
12. 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.
13. 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.)
14. 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. No modification, amendment or
consensual cancellation of this Agreement shall be of any force or effect unless
made in writing and executed and dated by both Owner and Purchaser.
15. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity.
16. 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 if day of ()é /1) Óf/L ' 2005.
Property acquisition approved by BCC pursuant to Gift and Purchase Resolution No.
2002-442, Agenda Item No. 10 (B), dated October 22, 2002, Condemnation Resolution
No. 2004-369, Agenda Item No. 10 (B), dated November 30,2004.
Purchase Agreement
Page 5
AS TO PURCHASER:
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DATED: /0- /'1-Ob
ATTEST:
DWIGHT E.,eHOCK, Clerk
, ,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
"
L ,~ .
BY: ~W ~
Fred W. Coyle, Chairman
. ,1.., ~ t . ',J .,
AS TO OWNER:
DATED' be 7 (('1 " "
. I "'0 C .$'
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Wi~ess (Signature)' /'
T tf lJ-M7 A; ·1 é !--E Y
Name (Print or Type)
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Witness (Signature)
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\I"VI( 7 ht I . \ v~ \ ¿ - "
Name (Print or Type)
~t~
675 Anchor Rode Drive
Naples, Florida 34103-2719
Approved as to form and
legal sufficiency:
&V~
Ellen 1. Chadwell
Assistant County Attorney
Item # lilfL
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23 ...?> BLOCK 228
I
<: t;5 GOLDEN GA TE CITY UNI T 6,
... PLA T BOOK 5, PAGES 124-134
22
5
\
55TH STREET SOUTHWEST
21
\
6
20
\
P. D.B.
N. w. CORNER
OF LO T 1
BLOCK 219
GOLDEN GA TE CITY UNIT 6,
PLAT BOOK 5, PAGES 124-134
125.00' (PLAT)
(RADIAL)
LINE TABLE
19
(PLA T)
\ADIUS=2406.53'
ARC= 124. 93'
18
Line Bearing Distance
L1 N.02'45'05-W. 14.36'
7
(RADIAL)
125.00' (PLA T)
CURVE TABLE
NO. RADIUS DEL TA ARC TANGENT CHORD CHORD BEARING
1 2281.53' 02'41'35- 107.24' 53.63' 107.23' N.85"54'08H£.
2 2016.00' 03"05'05-108.53' 54.28' 108.52' S.1878'01-W.
LEGAL OESCRI? TION
ALL THAT PART OF LOT 7, BLOCK 230, GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 135-146, COLLIER
COUNTY, FLORIDA, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS;
BEGINNING A T THE NORTHWEST CORNER OF SAID LOT 7,'
THENCE ALONG THE NORTH LINE or SAID TRACT 7 NORTHEASTERL Y 10124 FEET ALONG THE ARC OF A
CIRCULAR CURVE CONCA VE NORTHERL Y HA VING A RADIUS OF 2,281.53 FEET THROUGH A CENTRAL ANGLE OF
02'41'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 85'54'08" EAST 10123 FEET;
THENCE SOUTHWESTERL Y 108.53 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCA VE NORTHERL Y HA VlNG A
RADIUS OF 2,016.00 FEET THROUGH A CENTRAL ANGLE OF 03'05'05" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 78'18'01" WEST 108.52 FEET TO THE WEST LINE OF SAID LOT 7;
THENCE ALONG SAID WEST LOT LINE NORTH 02'45'05" WEST 14.36 FEET TO THE POINT OF BEGINNING.
CONTAINING 778 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS & RESTRICTIONS or RECORD.
*** NOT A SURVEY ***
R, P. OFf AL SURVEYOR & MAPPER
LS #5621
NOT VALID UNLESS SIGNED BY THE SURVEYOR AND
SEALED WITH THE SURVEYOR'S EMBOSSED SEAL.
CERFlFlCATE OF AUTHORIZATION I LB-43
LEGEND:
kXXXXXx)1 PROPOSED R. O. w.
R. O. W = RIGH T OF WA Y
P. o.B. = POINT OF BEGINNING
MARlNGS ARE /JASlO ON NORTH
AJi£RtCAN OATUIi (N.A.O) /MJ-/!J90
AD.A1STliCNT STATC PlANe COOI/OINATC
SYSTCII (CRIO) fOR f!ORIOA lAST 10Nl.
PROJECT NO.:
128
1) REVISED ACREAGE IN LEGAL 8-24-05
COLLIER COUNTY TRANSPORTA TlON,
ENGINEERING & CONSTRUCTION MANAGEMENT DIVISION
TITLE SKETCH AND DESCRIPTION
BEiNG PART OF LOT 7, BLOCK 230,
GOLDEN GATE CITY UNIT 7, PLAT BOOK 5, PAGES 735-746,
COLLIER COUNTY, FLORIDA
PROJECT NO.: SHEET NUMBER: FILE NO.:
N6022-002-070-TDHWP 728 xxx 2GG-20J
DATE:
04/2002
62081
PARCEL NO. :
CLIENT:
Wi/.Miller
Jul 11, 2002 - 08: 59: 09
JNAPIERlx: \SUR\N6022\Sketcn Of Descriptions\Submitted\2gg203s128.dwg