Parcel 124/724
PROJECT: 65061
PARCEL: 124/724
FOLIO: 36666640001
1685
PURCHASE AGREEMENT
THIS PURCHASE AGREj;MENT (hereinafter referred to as the "Agreement") is
made and entered into this \c., day of \-A \":>... '\ ' , 2005, by and between
JOSE MEDINA, a married man, whose mailing address is 632 Washington Avenue,
West Revere, MA 02151, (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 that Owner convey to County a fee estate for
road right-of-way purposes, and a temporary construction easement, both described in
Exhibit "A" (hereinafter collectively referred to as the "Property"), which is attached
hereto and made a part of this Agreement; and
WHEREAS, Purchaser requires a Temporary Construction Easement to provide
room to maneuver equipment in order to construct a grade-equalizing slope in the
Purchaser's right-of-way; 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:
$95,000,00
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 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 $95,000.00 to American
Government SeNices Corporation, as settlement agent for the disbursement of
proceeds incident to said sale and conveyance of the Property. It is mutually
understood that the Property is being acquired under threat of condemnation.
3. Prior to Closing, Owner shall obtain frol1l 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. 80th Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within sixty (60) 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 remle 9 B 5
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 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
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. 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 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, jt is hereby exempt from the provisions of Chapter 286, Florida
Statutes.)
11. 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
Purchase Agreement
Page 2
. . 1685
contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein.
,'j .J
12. 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 day of , 2005.
Dated Project/Acquisition Approved by BCC:
Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16BS, Date 10/28/2003
Condemnation Resolution No. 2004-182, Agenda Item No. 10F, Date 5/25/2004
AS TO PURCHASER:
/'
DATED: 5>1J,.~bS
ATTEST:
DWIGHTEBROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
-
'AtlJ~t'~f, tlt~lffian' s
11".brt'0t\1J.
AS TO OWNER:
BY: MW. ~
Fred W. Coyle, Chairman ..
DATED:
()5lncl /k/1dO
Witness (Signature)
'.
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/Ji./nc/ Jr?'.lJC7(J
Name (Print or Type) ._
/
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C~JCVrJAI.vI flL N~Hni-
Name (Print or Type)
Approved as to form and
legal sufficiency:
Purchase Agreement
Page 3
GOLDEN GATE' ESTATES
UNIT NO. 2
P.B. 4, PAGE 75
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--------------G O~ . L35 .
LEGAL DESCRIPTION
A portion of the North. 1/2 of Tract 108,
Golden Gate Estates Unit No.2, Plot Book
4, page 75-76, of the Public Records of
Collier County, Florida, being more
particularly described as follows:
LEGAL DESCRIPTION
Beginning at the Northeast corner of sold Tract 108;
thence S.00'28'32"E. along the East line of said
Tract 1 08, a distance of 165.00 feet; thence
S.89'31'28"W. along the South line of the North 1/2
of said Tract 1 08, 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 1 08; thence
N.89'31'28"E. along said North line, a distance of
55.00 feet to the POINT OF BEGINNING.
Containing 9,075.00 square feet or 0.2083 acres,
more or less.
LINE
L34
L35
q -/7 -() J ,(DATE SIGNED)
NOT VALID WITHOI,JTTHE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA liCENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB 1143
_lIlT 110., 6506 t PARCIL 110. , t 2.
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1. This Is not a survey.
2. Basis of bearing Is the W.st line of County
Road 951 (C.R. 951) being N 00'28'32" W, Florida
State Plane 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 r.pr..ents Right-of-Way.
6. P.O.B. represents Point 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.
LINE TABLE
LENGTH
55.00
55.00
BEARING
N 9'31'28"E
S89'3 '28"W
N
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COLL/€R COUNTY D€PARTM€NT
OF' TRANSPORT AnON.
SKITCH &: DESCRIPTION
09/200:1
PROJtcT NO.:
N6015-005-000
SHEET HUMBDt:
124 OF XXX
flU!: NO.:
2L 812
TRACT
@
TRACT
----------~oEt)--------------
P.O.B.
.O.C
L168
L164
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~U1
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---------------L166
GOLDEN GATE ESTATES
UNIT NO. 2
P.B. 4, PAGE 75
TRACT
@
LEGAL DESCRIPTION
A portion of the North 1/2 of Tract 108
Golden Gate Estates Unit No.2, Plat 800k 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
10B; thence S.89'31'2B"W. along the North line
of Tract 1 DB, a distance of 55.00 fest to the
POINT OF 8EGINNING; thence S.00'28'32"E., a
distance of 165.00 fest to its intersection with
the South line of the North 1/2 of Tract 108;
thencs S.89'31'28"W. along said South line, a
distancs of 5.00 feet; thencs N.00'28'32''W., a
distance of 165.00 feet to its Intersection with
the North line of Tract 1 08; thence
N.89'31 '28"E. along said North line, a distance
of 5.00 feet to the POINT OF 8EGINNING.
Containing 825.00 square feet or 0.0189
acres, more or less.
q -;;1. 3 ~o 3 '. (DATE SIGNED)
NOT VALID y/ITHOUT rHE SIGNATURE AND THE
ORGINAL RAISED' ~EAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION L8 #43
PROJICl' NO., 65061 PAIlCEl. NO. , 724
WII.MIIIB'.'&W-
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.p 22, 2003 - 11:38:58 MlAI.tURE)X,\SUR\NlI015\VS1od100.dwv
09/200:1
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LINE
L164
L165
L166
L167
L168
LINE TABLE
LENGTH
55.00
165.00
5.00
165.00
5.00
NOTES:
1685
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BEARING
S89'31'28"W
SOO'28'32"E
S89'3t '28"W
NOO'28'32"W
N89'31'28"E
1. This is not a survey.
2. 8asis of bearing is the Wsst line of County
Road 951 (C.R. 951) being N 00'28'32" W, Florida
State Plane 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.
8. O.R. represents Official Records.
9. L.B.E. represents Landscape 8uffer Easement.
10. U.E. represents Utility Easement.
w-
I
25 80 100
GRAPHIC SCALE
COLLIER COUNTY DEPARTMENT
OF TRANSPORT A nON
SKITCH 4e DESCRIPnON
PROJECT NO.:
N60 7 5-005-000
SHEET NUI.lBtRl
724 OF XXX
I
200
f'lLE NO.:
2L-812