Parcel 155FEE
PROJECT: COLLIER BOULEVARD PROJECT # 68056
PARCEL: 155FEE
FOLIO NO.: 36617920000
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafte'd{efEJrr~d to as the "Agreement") is
made and entered into on this 2.7fJtday of CL~be"- , 204, by and
between RICHARD E. PETERSON, whose mailing address is 4661 Dempster Street,
Skokie, Illinois 60076-2042 (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 $30,900.00
(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.
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
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"):
Page 2
(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.
(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
Page 3
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.
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,
Page 4
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. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written.
AS TO PURCHASER:
DATED: Off, Z12aJ1
,
"'i~," "',,;r:"~
AS TO OWNER:'
DATED: e.-
AneS~(Sign re)
tlto..r~ WJtl~~+O~
Name (Print or Type)
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Witness (Signature)
., s s ~ ( .. c1k:e..
Name (Print or Ty e)
Approved as to form and
legal sufficiency:
------?
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
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BY:
DONNA FIALA, Chairman
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PROPOSED RIGHT OF WAY
PARCEL 155FEE
12,250 SQ. FT.
TRACT 118
GOLDEN GATE ESTATES
UNIT 1
PLAT BOOK 4, PAGE 73
PE:TERSON
OR 528/124
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PROPOSED TEMPORARY I
CONSTRUCTION EASEMENT ~
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OR - OFFICIAL RECORDS (BOOK/PAGE)
PROPOSED RIGHT OF WAY
EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE
OF THE PUBLIC PER PLAT BOOK 4, PAGE 73
LEGAL DESCRIPTION FOR PARCEL 155FEE
FEE SIMPLE
INTEREST
A PORTION OF TRACT 118, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH. RANGE ?,6 I E1>.'3T: ,COLLIER
COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, ,," .
o 40 60
SKETCH & DESCRIPTION ONLY L_,__."............._.._,_,.
NOT A BOUNDARY SURVEY SCALE: 1"=80'
FOR; COLLIER COUNTY GOVERNMENT BOARD or COUNTY COMMISSIONERS
160
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MICHAEL A. WARD.' PROFESSIONAL j,AND SUHVEYOR
FLORIDA REGISTRATION' ~6RTlFlC~fE NO, 5301
SlGNINQ DATE;
THE EAST 35 FEET OF SAID TRACT 118,
CONTAINING 12,250 SQUARE FEET, MORE OR LESS.
NOT VALID WITHOUT THE ORIGINAL SIGNATURE '" RAISED EMBOSSED SEAL OF
A Fl.ORIDA REGISTERED PROFESSIONAl SURVt:Y'OR AND MAPPER,
JOB NUMBER
050106.02.00 0006
SCALE
1" = 80'
n'lT^mc~on
~NSULTINO avi1~
.&. '"' '.L ... Surveyiq &; Mapping
6610 Willow Park Drive. Suite 200
Naples. Florida 34109
Phone: (239) 597-0575 FAX: (239) 597-0576
LB No,: 6952
FiLE NAME
UN1 SKl S5fTE
SHEET
1 OF 1
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF': PROPOSED RIGHT OF WAY
PARCEL 155FEE
COLLIER COUNTY, FLORIDA