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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 I..( It day of Av _+ , 2005, by and between RAYMOND M. SOBEL and TAMMY L. SOBEL, Husband 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: ~ 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, PA, $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 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 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. this IN WITNESS WHEREOF, the parties hereto have executed this Agreement on l\1<... day of A." " >~ ,2005. - Property acquisition approved by BCC pursuant to Resolution No. 2004-182, Agenda item 1 O(F), dated 5/25/2004. AS TO PURCHASER: DATED: 'i?bJj]{" l':'~ 'f '. . ..",') " L:~""':{)' ATTEST',." ...:>.(Z'". .. C". ..' . c; DWIGHl E. BROCK, CU~'* . r' :.:1 ": '~..",:;: .. -..- :..... ;$ .-" ~" t;,A/1)() .~.h(. ALi:.~.;t d; to Cnd j~~p'~~ erk signature onl", . AS TO OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~.~W C+_ Fred W. oyle, Chairman lIe, DATED: 1 GS DS' (\ \-.,.. {. ,\ .\..l'\ALL '- .\..1 C .Jlf' ' Purchase Agreement ~sore9 j",\~ i Ylcto ~q i rn..\ Name . t or Type) V '>l 'w22iit;j Name (Print or Type) Approved as to form and legal sufficiency: t L, o( ( \.-.- Heidi Ashton Assistant County Attorney Page 5 EXHIBIT .'{-\ v Page---lof......l- h '" ...J <( z <5 GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ~ ~ on ~ 0> 0> '" on '" 0 0> I <5 0. L55 0; I l-... 0 L 0> '" T~6~~______________________J5 ---------------(31iC) . LINE LSS LSB LINE TABLE LENGTH 55,00 55.00 BEARING 589'31' e" N89'31 '28"E LEGAL DESCRIPTION A portion of the North 1/2 of Tract 113 Golden Gate Estates Unit No.2, Plot Book ~, Pages 75 and 76, Collier County, Florida, being more particularly deecribed os follows: NOTES: ,. This is not a survey. Beginning at 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 S.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.BS'31'Z8"E.olong the North line of Tract 113. a distance of 55.00 feet to the POINT OF BEGINNING. Containing 9,075.00 sguare feet or 0.2063 acres, more or less. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Piane Coordinates NAD 83/90, East Zone. 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 Point of Beginning. 7. P.O.C. represents Point of Commencement. B. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. ~ -c[ 7 "0) , (DATE SIGNED) ,. N NOT VAUD WITHOUT;jHE SIGNATURE AND THE ORGJNAL RAISED -. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTlFlCATE OF AUTHORIZATION LB D43 PROJrCT NO., 65061 PNlCEl 1.'0. : 114 Wil.Mille;"'~- ""*"'~'~'--""'~Ar-...~CI:lnIlIMIIo _.too ... . r.nJtn . .... . ...... "- -.LIltMI>> ."-'tbtl__........... ,,. JH4J.R.... ........_ Sip 111, 2003 - 115:11:47 I,U.AMU~IX:\SUR\NIl015\Il:ihd100.dwli ~- o 25 50 100 GRAPHIC SCALE I ,co COLLIER COUNTY DEPARTMENT OF TRANSPORT A TlON SKF:TCH &: OESCRIPTlON 09/20OJ PllOJrCTNO., N6015-005-000 FlLENO.: 2L-812 PROJECT:65061 PARCEL No: 714 FOLIO No: a portion of 36667020002 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (h~reinafter referred to as the "Agreement") is made and entered into on this ~ day of l'4v)\+ , 2005, by and between RAYMOND M. SOBEL and TAMMY L. SOBELfhuSband 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, its successors and assigns whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, the Purchaser requires a Temporary Construction Easement (hereinafter referred to as "TCE") over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Property") for construction of public facilities on adjacent lands; and WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated purposes, on the terms and conditions set forth herein: and WHEREAS, the Purchaser has agreed to compensate the Owner for the granting of the TCE over, under, upon, and across the Property. NOW THEREFORE, in consideration of these premises, the sum of two thousand dollars ($2,000.00), and other good and valuable consideration, the receipt and sufficiency of which are 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 TCE to Purchaser for the sum of $2,000.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 7 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the TCE conveyed, including all landscaping, trees, shrubs, improvements, and Temporary Construction Easement Agreement Page 2 fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for ,all other damages in connection with conveyance of said TCE 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 to American Government Services Corporation as settlement agent for the distribution of proceeds incident to this TCE Agreement. It is mutually understood that the Temporary Construction Easement is being acquired under the threat of condemnation. 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing and therefore, said closing shall occur within thirty (30) days of the execution of the Agreement by Purchaser. At closing, Owner shall deliver a Temporary Construction Easement to Purchaser in a form acceptable to Purchaser and Purchaser shall deliver the County Warrant to Owner. 4. Owner is aware of 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. 5. 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 County; 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 County, that the seller 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. 6. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County 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 County by reason or arising out of the breach of owner's representation under paragraph 6. This provision shall survive closing and is not deemed satisfied by conveyance of title. 7. 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, Temporary Construction Easement Agreement Page 3 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. 8. Owner agrees to grant the TCE for the purpose of constructing public facilities in this area. This TCE shall expire on September 30, 2008. In the event that the construction of the public facilities has not been completed by September 30, 2008, the Purchaser reserves the right to record in the Public Records of Collier County a Notice of Time Extension which shall grant a one (1) year time extension until September 30, 2009, for the completion of said construction. Owner shall be provided with a copy of the recorded Notice of Time Extension. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. 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 trustee, and assignees whenever the context so requires or admits. 11. Conveyance of the TCE, or any interest in the Property, by the 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. IN WITNESS WHEREOF, the parties hereto have executed Construction Easement Agreement on this Lf <. day of Atr',r this Temporary ,2005. Dated Project/Acquisition Approved by BCC: Resolution No. 2004-182, Agenda item 10(F), dated 5/25/2004. AS TO PURCHASER: QI'1lu.C DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS Temporary Construction Easement Agreement Page 4 ". r."'~r'l! <,-,~,; .~..'.": ~<, , ' "'"' ~ ", 'l;;J DWIGHTE BROCK; Cle[.k ...- .-,;~,' . . '':.;;.., ~ 4~'11. . . (~ ;:Bi; ,J-fl.) :, ,', 'k. 1 <<,",'D ' . CIty Clerk Attest as to -m.. trtllari~.." . """'. tT,\. signature on 1 y. ". AS TO OWNER: DATED: 7/25/v5 COLLIER COUNTY, FLORIDA BY: MW.~ Fred W. Coyle, Chairman WITNESSES: ?sf'~ - Signature Jj oi \ I. \1&., ~J Ctl I c(P'0~ (Signature) D (! L ~ t/W 30:- (Printed N me) RA (Signature) ~,~ rU~ (P nted Nam ) I~~ !1~JI'rrh 'lt7;'/ai- (Pr' ed Name) G ~Y L. SOBE Approved as to form and legal sufficienc : '\... Heidi . A hton Assistant County Attorney TRACT @ II EXHIBIT IIA Page--l, 01....1... ~O>:;:: ARCEL 714 r r ~ - TRACT __ _____ --:--------(1 1 ~---------------------------- L 115__ GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 TRACT G2D LEGAL DESCRIPTION A portion of the North 1/2 of Tract 113 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76, of the Public Records of Collier County, Florida, being more particUlarly described as follows: Commencing' at the Northeast corner . . of Tract 113; thence S.B9'3"28"w. along the North line of Tract 1 13, 0 distance of, 55.00 feet to the POINT OF BEGINNING: thence S.OO'2B'J2"E., 0 distance of 165,00 feet to its intersection with the South line of the North 1/2 of Tract 113; thence S.BS'J'l'2B"W. along said South line, 0 distance of 5.00 teet; thence N.OO'28'32"W" 0 distance of 165,00 feet to Its inter1ol8ctJon with the north line of Tract 113; thence N.89'31'28"E. along !laid North line, a distance of 5.00 feet to the POINT OF BEGINNING. ContainIng 825.00 square feet or 0.0189 acres, more or less. LINE L113 L114 L115 L116 L117 NOTES, ~ ~ ci <i o o ~ ~ on 0> 0; o L.... I I LINE TABLE LENGTH 55.00 165.00 5.00 165.00 5.00 h :i ci '" <i. ~ on 0> '" <5 lJ BEARING S89'31'28"W 500'28'32"[ S89'31 '28"W NOO'28'32"W N89'31'28"E 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'28'32" W, Florida State Plone Coordinates NAD 83/90, East Zone. 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 Point of 8eglnning. 7. P.O.C. reprOBents Point of Commencemont. 6. O.R. represents Official Records. 9. L.B.E. represents Landscape Buffer Easement. 10. U.E. represents Utfllty Easement. ~- o 25 10 100 GRAPHIC SCALE: Me ,P: . (FOR THE FIRM) FLO~IDA U~. NO, 5 34 th~'l":'~'J' 2 (DATE SIGNED) -" ,,{ .. NOT VAllO WITHOUT tHE SIGNATURE AND THE ORGINAL 'R.!.I9~ SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION La #43 ).JEer NO.1 65061 PARCEL NO.; 714 , , Wil.Mille,."w-, -.-.-........,--.-- --... , :v....,'-...~.---=,a~n:..~::::,.:::,.......lIIIlJiIInIIr._ OS/200J 111, 2003 - H;17:J~ IrdLAt.lUItE/X:\SUR\NIS01ts\1I111.dlOO.dwll N COLLIER COUNTY DEPARTMeNT OF TRANSPORTATION PROJECT NO,: N60'S-005_0ao SKITCWJi: OE:SCRIPTION I 20' FlLEi<<l.1 2L-812