Backup Documents 06/09/2009 Item #16C14
ORIGINAL DOCUlYlENTS CHECKLIST & ROUTING SL1P6 .
.. TO ACCOI\1PAi'IT ALL ORIGINAL DOCUl\1ENTS SENT TO ~ j c 14
THE BOARD OF COUNTY COMlVllSSIONERS OFFICE FOR SIGNATURE .
Print on pink paper. ACtld1 to arigin;ll docmnt:n.C. OriginaL d()?1ml":l"lr'< mould be b.aD.d dcll"Vc:red to th.c:: Boani Offic:. 'l'1u:-=p1t:tcd routing slip :md origin.;U
docmnt:nI:1 arc to be fi.:Irw;ttdcd. to tlll: B=dOffio: 0Il1y ~ the Boao::l haHl.b:n.aaion.on the item..) . . .' .' .'
:. . . ROUTINGSLIP . ,......;. .
"eon;p~ routing Jines III thraugb./M u ~ fur ,..Jrliri';,I signao:trr:f. datd, and/or infaona.clOll n=:l.ed. If the d~;"'t.i.s ilie:.1.dy complete with the
cion crt. the CMirm:tn' 1 si draw lUna throo rourln liner # 1 tbron #4, =:rtll kn: the cb.ecl:list; and forward trJ Sue- FiJ.son (line #:5).
Route to Addressee{s) . Office Initials. D te
(List in routtn order)
L
2.
3.
4.
5. . Sue Filion, Executive Manager Board of County Commissioners '
6. Minutes and Records Clerk of Court's Office -
pRJ1\.fARY CONTACT INFORl\1A nON
(T'h.c: pri.m.ary COlJt1Ct is the ho.ldc:r of lhc origina.l documalt pending Bee approval. No.niWIy the primary conClCt i.s the p=on who=o::d/prepared the executive
StlIIII1UrY. Primary =ClCt informarion is no:d.cd in the event 0IlC of the :uid== :Lbove, including Sue fi.lson. need to q:mClCt staff fat tldditiOlll1l or missing
infarm:llion. All original documcnl:l needing cb.c Bee c:::hz.irm;m's sigIUl=:= co be delivered CO th.c:: Bce office only:U'n:r t.bl: Bee 1= aaerl to approve t.bl:
item.)
Name of Primary Staff Phone Number
Contact
Agenda Date Item was Agenda Item Number
A roved b the BeC
Type or Documcot Number of Original
A.tt:1.ched Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Y cs column or mark "'N/ A" in the Not Applicable coIl1IDl1. whichever is Y cs NI A (Not
. te.. (Initi.aI) licable)
1.. Original document h.a.s been signedl'mitia.Ied for legal sUfficiency. (All documents to be
signed by the. Chairman, with the exception of most.letters:. must be reviewed and signed
oy the Office: of the County AttDrney. 'This includes signatW'e pages from ordina.nces.
~olutions. etc. signed by the Co~ty A.J:tDrnI;y's Office and signature pages from ~
contracts, agreements. etc. that: have been fully executed by all parties except the BCC v 0 .
Chairman and. Clerk to the Board and ssibl State Officials.) . .
2. All handwritten.strike-througl1 and revisions have been initialed by the County ~mey:s
Office and all other attics e c the BCe Cba.:i:rm.a.a and the Clerk to the Board
3. The Chainp.a.n's signature line date has been entered as the date ofBCC approval of the
document or the final ne tia.ted contract date whichever is licable.
4. "Sign here" tabs are placed. on the appropriate page:i indicating where the Chairman's
si . and initials arc r
5. In most Cascs (some contraCtS arc:: an exception), the original document and this routing slip ,
should be provided to Sue FUson in the BCe office within 24 hollIS afBCC approval. Nl / ^
Some documents are time sensitiYe and require forwarding to Ta.lI.ah.assee within a cc:rtain ~ f1
time frame or the Bee's actions are nullified. Be aware of our deadlines! .
6. The docnment was approved by the Bee on (enter date) and all changes
, made during the meeting have been inC1.)qJorat.ed ill the attached document. The
Coon Attorn's Office h.as reYiewed the es., if a lioble..
r: Form5I Couru:y For=! Bee Forrrul Original Doa.rrnctcr RDuring Slip WWS Original 9.03.04, Rcviserl l.26.05. Rcvi.:ld 2...14.05
MEMORANDUM 16C14
Date: June 9, 2009
To: Sue Zimmerman
Real Estate Services
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Purchase Agreement:
Proj ect: Resource Recovery Park
Folio #00291640004
Attached is the original document, referenced above (Agenda Item
#16C14), approved by the Board of County Commissioners on
Tuesday, June 9, 2009.
The Minutes and Records Department has retained the original
document for the Boards Record.
If you should have any questions, please contact me at 252-8411.
Thank you.
^'_..' '. ,--,--~~,_.." -~.~..~~.__.,.
05/19/2009 05:25 2395591445 NANCYSDOLLHOUSES PAGE 02
el:l"ZZI'2I:lCl~ 1 I;:a -<;.;I;l( ,4Qoro ~~HL ~~I~I~ ~~Vlu~~ '-=t;. t:I.:Sl't:I=>
Project: Reso~rcG Recovery Park. 16C14
Folio No,: 00291640004
PURCHASE AGREEMENT
THIS PURCHASE AGREqMENT (he. refilmed to as the "Agreement") is
made and entered into this "'day of 09, by and between RUSSELL W.
HOLAWAY, joined by hIs wife, NANCY HOLAWAY, whose post office addrElss is
7160 Appleby Drive, Naples, FL 34104-6506, (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a politIcal subdivision of the State of Florida, rts successors and
assigns (hereinafter referred to as "F'utehaser");
WHEREAS, Purchaser requires I!I fee estate In that land described In Exhibit "A"
(hereinafter referred to aa the "Property"), located in Collier County, State of Florida,
and being more partioularly desoribed as:
THE NORTHEAST Y.i OF THE SOUTHWEST ~ OF THE SOUTHWEST 'VA
OF SOUTHEAST ~ OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO ACCESS
AND UTILITY EASEMENTS OVER THE WESTERLY 30 FEET,
WHEREAS, OWner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS. Purchaser hn agreed to compensate Owner for r;;onveyanoe of the
Property;
NOW THEREFORE, in considQration of thGSQ pramlsas, the sum of Ten Dollars
($10.00), and other good and valuable CC1nslderation, the reoeipt and suffioiency of
which is hereby mutually acknowledged, it is agreed by and between the parties 8,$
follows:
1. OWner shall convey the Property via Warranty Deed to Purchassr for the sum of
SEVENTY THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($70,500),
payable by County Warrant or wIre transfer (said transaction hGreinafler referred
to as the i'Closjng~l. Said payment shall be full compensation for the Property
conveyed, Including all landscaping, trees, shrubs, iml'rovements, and fixtures
located thereon, and for any damages resulting to Owner's remaining land$, and
for all 'other damages in connection with conveyance of salti Property to
Purchaser.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
andfor qualifications encumbering the Property, the exeoution of such Instruments
which will remove or rell9ase such encumbrances from the Property upon their
recording in the public records of Collier County, FlorIda. OWner shall provrda
s~lch Instruments. properly Elxeauted, to F'urcha~er on or before the date of
Closing.
3. This Agrl.!ement Sohal' be null and void, and of no further force or effect, unless
Closrng shall occur within sixty (60) days from the cla~e Purchaser executes this
Agreement provided, however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending reroeipt of such lnstrvments, properly
executed, which eithlllr remo~ or release any and all such liens, encumbrances or
quanfloa~ons affecting Purchaser's enjoyment of the Property. At Closing.
P~II"C:haser shall delrver the County Warrant or wire transfar 10 Ownar and Owner
shall deliver the conveyance Instrument to Purchaser in a form acceptable to
PLJrchaser.
~.......".-.-._- ,~ "- ..,-.- ..... .... , ,~.......-._.,,'O_"~*,.~~"'-'~..~~_.'____ "."""'--.-
05/19/2009 05:25 2395591445 NANCYSDOLLHOUSES PAGE 03
t;JO! t.tJ LtJtJ:l 11: Oi /,.~';J{14t:lt:lltl ~I:.~L. t:.::>II.\It:. =~VH..t:.:" t"'HI.41t:. ~;..jr~~
Purchase Agrwment Page 2 16C14
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 constrtute the entIre
Agreement and understanding of the parties, and there ars no other prior or
contempol'2neous written or oral agreemants, undertakings, promises, werranUes,
or cov~n3nts not contained herein.
5. Owner is aware and understands that the "offl!r" to purchase represented by this
Agreement Is subject to accePtance and approval by the Board of Oounty
Commissioners of Collier County, Florida.
6. To the best of Owner's knowledge, Owner represents that the Property and all
uses of the Property have been and presently are In compliance with all Federal,
State and Local envltonmentsl laws; that 1'10 hazardQuS substances have been
generated, stored, treat$d or transferred on the Property I!lxcapt as specifically
disclosed to the Purchaser; that 'the Owner has no knowledge of any spilr Or
environmental law violation on any property contiguous to or in the vicinity of the
Property to be sold to the Purchaser, that the OWner has oot received notice i!lnd
otherwise has no knowl~dge of a) any spill on the Property, b) any existing or
threatened environmental lien agalnst the Property or c) any lawsuit. proceedIng
or investigation regarding the generation, storage, treatment, spllr or transfer of
hazardQus substances on the Property. This provision shall survive Closing and is
not deemed satisfied by conveyance of title.
7, Owner sha'l indemnify, defend, 9~ve and !lold harmless the Purchaser against
and from, and to reimburse the Purohaser with respect to, any and all damages,
olalms, liabilities, laws, costs and e~pen5es (IncludIng without limitation
reasQnable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or adminl$trative proceedings or on appeal)) perlaltie$ Or fines
" incurred by or asserted against the Purchaser by reason or arising out of the
breach of OWner's rept'e$entation under Section 6, This proVision ~hall survive
ClosIng and is not deemed sliltisfied by conveyance of title,
a. The Purchsger shall pay for all costs of reoording the conveyance instrument in
the Public Reoords of Collier County, Florfda, and any property tax proration froom
Jarll.lary 1 st of the current year to date of Closing. All other com associated with
thIs transaotion including but not limited to tJ'linsfer, dOCur'nMtery and intangible
taxes, <:Ind recording costs for any curative Instruments shan be borne and p2llid by
Owner, Owner shall be responElible for paying any costs end/or fees aS$ociated
with securing from mortgagee(9), and recording in the pUblic records of Collier
County, Florida, such fuJl or partial release(s) or satisfaction(s) as are necessary
to convey a clear and marketable title to th. Property. The cost of a title
commitment shall be paid by Purchaser.
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 piIilrtnership,
corporation, trusl or any form of representative capacIty whatsoever for others,
Owner shall make a written publfr: disclosure, aCCOrding to Chapter 286, Florida
Statutes, under oath, ofthe name and address of every person having a beneficial
interest in the Property before the Property held In such eapa<:lty Is conveyed to
Purchaser, Its successors and assigns. (If thE! corporation is registered with tM
Federal Sea.lrltles exchange Commission Or registered punouant to Chapter 517,
Florida Statutes, whose stock is for sale to the general public, it is hereby exempt
from the provl&ions of Chapter 286, Florida Statutes.)
'_"'-"~-> .' ......- ,.,--~_._._-~~~ _."-~----_.._~'._.__..,,--_._----- --,--~----~--_...._-
05/19/2009 05:25 2395591445 NANCYSDOLLHOUSES PAGE 04
1l::li'22/2l!l1'l9 17:!ll' L~""lI!l~lb "'t:....I~ ~::>IMI~ "~"'Vll..c.::' "......'" ~';l,.~=>
16 ..
Purchase Agrnemenl Page 3 . C 1 4
, 1. This Agreement is gO'llemttd end construed In aooordanca with the laws of the
State of Florida,
1N WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ~ day Cl~~~W09.
Date Property acquisition approved by Bee: ..:June....q) ~
AS TO PURCHASER:
D^TED:~
AJT~&r>" 60ARDt!1 o NT( COMMI:;iSIO RS
...."<~ew!~fir. ... ~.....~~~K, CierI< COLLIER TV. ,FLORIDA _
~..'J'.. . u'. . (' , 'A--_-" , .l~
... ./ ~~ u,rrr--......r
ie'.:'- .. . '.,' ~. tw'I:.Jl'1l,....." , BY; DONNA FIALA, Chairman
.- . .)....-;- ."'W' """'''ft
::. , ...i...., .<M' I ·
iA~ TO ,OWNER:
DATED: c;/Z3/~
Jl~QQ ().~
Witness (Signature) RUSSELL W. HOLAWA
Name:
(F'rint or Type)
Wilne.. (Signeture) NA~~
Name:
(Print or Type)
Approved as to form and
legal ufficiency:
I C:'{O
~
,.~_.,,- ~. -~ ,-"--
_...._~,..,.. ..