Parcel 165FEE
PROJECT: Collier Blvd. Project #68056
PARCEL No(s): 165Fee
FOLIO No(s): 36617440108
PURCHASE AGREEMENT
THIS PURCHASE AGREEME?ereinafler~err~e "Agreement") is
made and entered into on this I day of ~ 20~, by and
between, JAMES O'SULLIVAN, whose mailing! ad ress is 159 Windwatch Drive,
Hauppauge, New York 11788, (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. The purchase price (the "Purchase Price") for the Property shall be
$132,550.00 (U.S. Currency) payable at time of closing, subject to the
apportionment and distribution of proceeds pursuant to Paragraph 9 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 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, including but not
limited to the cost to relocate the existing irrigation system and other
improvements, and the cost to cut and cap irrigation lines extending into the
Property, and to remove all sprinkler valves and related electrical wiring, 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. The total amount of $132,550.00 (owner's
compensation, attorney's fees and all other costs) shall be paid by check to
Roetzel & Andress, clo Attorney Kenneth A. Jones, 2320 First Street, Suite
1000, Fort Myers, Florida 33901 at Closing.
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. 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. At or prior to Closing,
Owner shall provide Purchaser with a copy of any existing prior title insurance
policies. Owner shall provide such instruments, properly executed, to
Purchaser on or before the date of Closing. Owner shall cause to be delivered
Page 2
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) General Warranty Deed;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(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. Both Owner and Purchaser agree that time is of the essence. 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, payment shall be made to Owner in that amount
shown on the Closing Statement as "Net Cash to Seller," 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.
5. Owner agrees to relocate any existing irrigation system located on the Property
including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the
construction of the project without any further notification from Purchaser.
Owner assumes full responsibility for the relocation of the irrigation system on
the remainder property and its performance after relocation. Owner holds
County harmless for any and all possible damage to the irrigation system in the
event owner fails to relocate the irrigation system prior to construction of the
project.
If Owner elects to retain improvements and/or landscaping ("Improvements")
located on the Property, the Owner is responsible for their retrieval prior to the
construction of the project without any further notification from Purchaser.
Owner acknowledges that Purchaser has compensated Owner for the value of
the Improvements and yet Purchaser is willing to permit Owner to salvage the
Improvements as long as their retrieval is performed before construction and
without interruption or inconvenience to the County's contractor. All
Improvements not removed from the Property prior to construction of the
project commences shall be deemed abandoned by Owner.
This provision shall survive Closing and is not deemed satisfied by conveyance
of title.
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 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.
Page 3
(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.
(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 adversely affect
the physical condition of the Property or its intended use by Purchaser.
(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.
8. 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 7(h). This
provision shall survive Closing and is not deemed satisfied by conveyance of
title.
Page 4
9. 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 due to any diminution in the value of its property right, 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. In
accordance with the provisions of Section 201.01, Florida Statutes, concerning
payment of documentary stamp taxes by Purchaser, Owner shall further pay all
documentary stamp taxes required on the instrument(s) of transfer, unless the
Property is acquired under threat of condemnation.
10. 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. Real Property taxes shall be prorated based on the
current year's tax 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.
11. 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.
12. 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.)
13. 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.
14. 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.
15. Purchaser may terminate this Agreement prior to Closing if Owner sells the
Remainder Tract and does not retain clear legal title to the Property. Owner
shall disclose the sale of this Property to any purchaser of the Remainder
Tract.
16. Owner shall provide to Purchaser a copy of any Sales Agreement for the
Remainder Tract within 10 days of execution of such Agreement.
Page 5
17, 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
the date first above written.
AS TO PURCHASER:
DATED: q-/~/()7
A TTESy::, ',' . . ~'" BOARD OF COUNTY COMMISSIONERS
DW!~~lern COLLIER cr;rLTY. FLORIDA _
~.."."J""..J:!\-:~~ BY: ~ .J~
DONNA FIALA, CHAIRMAN
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Approved as to form and
legal sufficiency:
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Assistant County Attorney
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OR == OFFICIAL RECORDS (BOOK/PAGE)
P\X)i PROPOSED RIGHT OF WAY
r//~ EXISTING RIGHT OF WAY DEDICATED m THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 4, PAGE 73
LEGAL DESCRIPTION FOR PARCEL 165FEE
A PORTION OF TRACT 109, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, ,PAy,@,}'73,:6'Jt:THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGf;o'Z$j\Ef\ST~CPU:'IER
CO UNTY, FLORIDA BEl NG MORE P ARTICULARl Y DESCR IB ED AS FOllOWS, <V Y',,; ':.. '.. :}F'> .
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THE EAST 35 FEET OF THE SOUTH ONE HALF OF SAID TRACT 1 09..~\.<,;,) :',}U:
r. "/ 1fl,>..',..."i.'
CONTAINING,5,775 SQUARE FEET, MORE OR lESS, ",' OJ, ';';'r~~Y
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o 40 80 160 BY: 'i. ',I.),...:;", ',-;/1
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. , MICHAEL,A" WARI1;.P~OFESSIONAL. LANO .SU~VEYOR
SKETCH & DESCRIPTION ONLY FLORIOA"'REGIS1fA.Jro~':CERTIFICATE ~Df5~9~)"
NOT A BOUNDARY SURVEY SCALE: 1"=80' SIGNI~C OAT~:?//;,. ' .,.""... . {,".pi
FOR COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VAllO WITHOUT THE qRIGjNAL' SIGNATURE role RAISED ,EM!30SSED SEAL OF
: A FLORIDA REGISTERED PROFESSIOi'l~L ,SURVEYOR ANO .MAPP~R, .
COLLIER BOULEVARD D'l"r^~~"\ .
'." '. Planning
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY '.. ,i.: Visualization
CONSULTING Civil~
.... '-, ,~ .IL. Surveying & Mapping
PARCEL 165FEE 6610 Willow Park Drive, Suite 200
COLLIER COUNTY, FLORIDA Naples, Rorida 34109
Phone; (239) 597,0575 FAX; (239) 597-0578
LB No.: 6952
JOB NUMBER SCALE FILE NAME SHEET
30106,02.00 0006 1" == 80' UN1 SK165FEE 1 OF l'
MEMORANDUM
Date: September 18,2009
To: Joan Smith, Property Acquisition Specialist
Trans/ECM/ROW A
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Purchase Agreement: Collier Blvd. #68056
Parcel: #165
Enclosed please find one (1) copy of the Agreement, as referenced above,
approved by the Board of County Commissioners on Tuesday, December 2,
2008 (Agenda Item #10B)
The Minutes and Records Department has retained one original
document for Boards official records.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure
-
1-ll---D1
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 # I through #4 as appropriate for additional signatures, dates. and/or information needed. Ifthe document is already complete with the
exce tion of the Chairman's si nature, draw a line throu h routin lines # I throu #4, com lete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
(List in routin order
1.
2.
3.
4.
5 Ian Mitchell, Supervisor, BCC Board of County Commissioners 91Ib/b:J
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC 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 n ing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Phone Number '6;2- 671
Contact
Agenda Date Item was Agenda Item Number /vB
A roVed b the BCC
Type of Document Number of Original
Attached Documents Attached
INSTRU TIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
a ro riate. (Initial) A licable)
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,)
2, 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 ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
4, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to ~__ 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 our deadlines!
6. The document was approved by the BCC on i - -0 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attome 's Office has reviewed the chan es, if a licable.
PLEASE scan under in the BMR Real Property Folder, Thank you.
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ITEM NO:' LS1-ft:-f\1' 0 ,1 L)q DATE RECEIVED, /
FILE NO.. V
ROUTED TO:
REQUEST FOR LEGAL SERVICES
DATE: September 11, 2009
TO: Office of the County Attorney ~lA..)
FROM: JOAN M. SMITH-TECM-RIGHT OF WAY _~
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RE: James O'Sullivan I
Collier Blvd. #68056 _ < h:
Parcel #165Fee .r,:;- ,
-I
BACKGROUND OF REQUEST: m
cf\
Re: Attached Purchase Agreement
Please approve as to form and legal sufficiency and send down to BCC office. THANKS.
This item HAS I HAS NOT been previously submitted under RPR #
(CI~CLE: ONE:) ~ 1\ S \0,
ACTION REQUESTED: C \ C <;). ~ tAJ
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