Parcel 104FEE/104TCE Purchase Agreement PROJECT: US 41/Collier Blvd. Intersection Improvements
(Project No. 60116)
PARCEL Nos.: 104FEE/104TCE
FOLIO No: 00726720402
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into on this °h''day of feb( t , 2013, by and between
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT,
whose mailing address is 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112
(hereinafter referred to as "Owner") and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of
the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as
"County").
WHEREAS, County requires a fee estate in that land described in Exhibit "A"
(hereinafter referred to as the "Property"), attached hereto and made a part of this
Agreement; and
WHEREAS, County requires a Temporary Construction Easement to provide for a
continuous transition between the existing driveway and the newly constructed road,
sidewalk and drainage improvements proposed as a part of the US 41 / Collier
Boulevard Intersection Improvement Project over, under, upon and across that land
described in Exhibit "B" (hereinafter referred to as the "TCE"), attached hereto and
made a part of this Agreement. County guarantees daily access to Owner's remainder
Property throughout construction; and
WHEREAS, Owner desires to convey the Property and the TCE to County for the
stated purposes, on the terms and conditions set forth herein; and
WHEREAS, County has agreed to compensate Owner for conveyance of the
Property, and Owner recognizing the non-monetary benefit to Owner resulting from a
smooth transition between Owner's existing driveway and the new roadway, has agreed
to convey the TCE to County for the stated purposes and for no compensation.
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 Fifty-Nine
Thousand Two Hundred Fifty ($59,250.00) (U.S. Currency) payable at time of
closing (said transaction hereinafter referred to as the "Closing"). Said payment
to Owner, payable by Inter-Governmental Transfer, shall, together with the
payment provided for in paragraph 5, 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
remove and/or relocate any improvements and all other damages in connection
with conveyance of said Property to County, including all attorneys' fees, expert
witness fees and costs as provided for in Chapter 73, Florida Statutes. As
provided in Section 9.03.07D of the Collier County Land Development Code and
the e-mail dated December 3, 2012 from the zoning manager, the remainder
Property shall not be negatively affected until redevelopment.
Page 2
3. Owner shall convey a marketable title to the Property, 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. Prior to Closing and as soon after the execution of this
Agreement as is possible, Owner shall provide County with the following
documents and instruments properly executed, witnessed, and notarized where
required, in a form acceptable to County (hereinafter referred to as "Closing
Documents"):
(a) Statutory Deed;
(b) Temporary Construction Easement;
(c) Closing Statement;
(d) W-9 Form, if required; and
(e) All other documents required to consummate this transaction, as
reasonably determined by County, County's counsel and/or title
company.
4. Both Owner and County agree that time is of the essence. Therefore, Closing
shall occur within sixty (60) days of the date of execution of this Agreement or
within thirty (30) days of County's receipt of all Closing Documents, whichever is
the later. This agreement shall remain in full force and effect until Closing shall
occur, until and unless it is terminated for other cause. At Closing, payment shall
be made to Owner in that amount shown on the Closing Statement as "Net Cash
to the Seller." County shall be entitled to full possession of the Property at
Closing.
5. Owner agrees to remove all landscaping, trees, shrubs, improvements, fixtures,
and facilities located on the Property by no later than September 1, 2013 without
any further notification from County, with the exception of the utility infrastructure
to remain within the right-of-way. Owner assumes full responsibility for such
removal and, to the extent permitted by law, holds County harmless for any and
all possible damage in the event owner fails to remove foresaid items prior to
September 1, 2013. In particular and without derogating from the generality of the
foregoing, Owner shall remove from the Property the facilities specified in Exhibit
"C", attached hereto and made a part hereof. County shall reimburse Owner for
all costs associated with the removal of the facilities specified in Exhibit "C" and
their relocation or replacement on Owner's remaining lands, including engineering
design, construction and inspection, and permitting costs, which amount shall be
set forth in a proposal obtained from an approved County vendor under current
contract with the County. Owner shall have the reasonable right to enter upon the
Property after closing for these purposes.
All Improvements not removed from the Property prior to commencement of
construction of the project shall be deemed abandoned by Owner, with the
exception of the utility infrastructure to remain within the right-of-way.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
6. The term of this TCE shall commence upon the issuance of County's official
Notice to Proceed to its roadway contractor for the construction of the US 41 /
Collier Boulevard Intersection Improvement Project, and shall automatically
terminate three years therefrom.
7. Owner and County 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.
Page 3
8. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the
Property and the TCE, 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) County's acceptance of a deed to the said Property and a Temporary
Construction Easement 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 County 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, the TCE or any rights therein, nor enter into any
agreements granting any person or entity any rights with respect to the
Property or the TCE, without first obtaining the written consent of
County to such conveyance, encumbrance, or agreement which
consent may be withheld by County for any reason whatsoever.
County hereby Consents to Owner entering into agreements with
approved County vendors in order to comply with its obligations under
Paragraph 5 above.
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property
or the TCE.
(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 the TCE or which adversely
affect Owner's ability to perform hereunder; nor is there any other
charge or expense upon or related to the Property or the TCE which
has not been disclosed to County in writing prior to the effective date of
this Agreement.
(g) County 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 other than those set forth in
Paragraph 5 above. 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 County
other than those set forth in Paragraph 5 above.
9. County shall pay all fees to record any curative instruments required to clear title,
and all Statutory Deed and Temporary Construction Easement recording fees.
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.
Page 4
11. Conveyance of the Property and the TCE 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 County.
12. 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.
13. 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 COUNTY:
DATED:7'3iC1 (.3
^ATT,EST -; ,;a BOARD OF COUN COMMISSIONERS
LDV11Gf4T E,,#3 QC K, CLERK COLLIER 0 N , FLORIDA
a
� BY:
194,,,,,kt.)...tisct,
`'l Pat t `Ctz;1 tity Clerk GeoM.0 iller, Esq.
Chaff', •man
AS TO OWNER:
ff
DATED: I b 1 t
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER
COUNTY AND 'S EX-OFFICIO THE
GOVER NG BO,. RD OF THE COLLIER
COU AT, -SEWER DISTRICT
a , . . .,-,4 ' 0 ' i&_ BY:
wey Clerk G- is M. Hiller, Esq.
`Atte4 to O A ° ' Ch1t' Oman
r,
Approved as to form and
legal sufficiency;
i
milyR. Pi pin VP (o((.
Assistant ounty A orney
EXHIBIT "A"
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GRAPHIC SCALE L(')
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UNITED TELEPHONE COMPANY ;,,
c. CC OF FLORIDA
(6 g OR 1233, PG 1742
i FOLIO NO. 00726680005
•
S89'15'56"E
45.41' S03'46'45"W
— i 2.74' —
POB N89'50'40"W
1.44'
N04'11'07"E UNPLATTED
116.01' $05'33'04"W COLLIER COUNTY
113.11' OR 1663, PG 289
- ��,' 1 FOLIO NO 00726720402
4,938 8 SF SF
t N89'43'38"W
1
41.31'
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EXISTING RW-----'!
UNPLATTED
■ KRG 951 & 41, LLC
- --' OR 4167, PG 801
FOLIO NO. 00726721809 LEGEND
RW = RIGHT-OF-WAY
OR = OFFICIAL RECORDS BOOK
PB = PLAT BOOK
c PG = PAGE
POB = POINT OF BEGINNING
FEE SIMPLE
NO. = NUMBER
S.R. = STATE ROAD
INTEREST AKA = ALSO KNOWN AS
LEGAL DESCRIPTION - PARCEL 104FEE
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663, PAGE 289 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE S89'15'56"E FOR 45.41 FEET ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 1663, PAGE 289;
THENCE LEAVING SAID NORTHERLY BOUNDARY S03'46'45"W FOR 2.74 FEET;
THENCE N89'50'40"W FOR 1.44 FEET;
THENCE S05'33'04"W FOR 113.11 FEET;
THENCE N89'43'38"W FOR 41.31 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 1663 PAGE 289;
THENCE N04'11'07"E FOR 116.01 FEET ALONG THE EASTERLY RIGHT—OF—WAY LINE OF S.R. 951, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 4,938 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TECM - ROW
JUN 1 5 2012 bngb
tibrA MICHAE iWARD PROFESSIONAL LAND SURVEYOR LS# 5301 DATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
hoe 8.2012 10:14 AY W:\2009\090001.00.00 11547 &CRl01 IMSrosefbn enprow,ee'.ts Md CRP51 RRRWPOR Pkns\PA 1-Swwy\Sketek And O4we.10tk"a\ICC-7-W Rev 02\SK0_faFEEd�
114.
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PROJECT: U.S.41/C.R.951/S.R.951
SKETCH AND LEGAL DESCRIPTION Rw,c 0.1 Baseman
PARCEL 104FEE: RIGHT—OF—WAY 8810 Willow Park Drive.Suite 200
Naples,Florida 34109
PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-0575 FAX:(239)597-0578
LB No.:8952
JOB NUMBER I REVISION I SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
090081.00.00 1 3 I 51S I 26E I 1" = 80' 1 3/13/12 I R.A.K. I SKD_104FEE 11 OF 1
H EXHIBIT "B"
Abv
W tai ' E
i� UNPLATTED
. UNITED TELEPHONE COMPANY
S OF FLORIDA
OR 1233, PG 1742
D 20 40 FOLIO NO. 00726680005
GRAPHIC SCALE
I" = 40'
UNPLATTED
COLLIER COUNTY
OR 1663. PG 289
S84'26'56'E FOLIO NO. 00726720402
5.00' /.4 104TCE
NOS'33'O4"E 100 SF
ti 6 20.00' 505'33'04"W
POB A 20.00'
N84'26'56"W
POC S89'43'38"E 5.00'
41.31' N05'33'04"E
17.20'
EXISTING RW—�
UNPLATTED LEGEND
KRG 951 & 41, LLC RW - RIGHT—OF—WAY
OR 4167, PG 801 OR = OFFICIAL RECORDS BOOK
FOLIO NO. 00726721809
PB = PAGE PAGE
POB = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
NO. - NUMBER
S.R. = STATE ROAD
AKA = ALSO KNOWN AS
LEGAL DESCRIPTION - PARCEL 104TCE
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1663, PAGE 289 OF
THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA;
THENCE 589'43'38"E FOR 41.31 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL RECORDED IN OFFICIAL
RECORDS BOOK 1663, PAGE 289;
THENCE LEAVING SAID SOUTHERLY BOUNDARY, N05'33'04"E FOR 17.20 FEET, TO THE POINT OF BEGINNING OF THE
PARCEL DESCRIBED HEREIN;
THENCE N05'33'04"E FOR 20.00 FEET;
THENCE S84'26'56"E FOR 5.00 FEET;
THENCE SO5'33'04"W FOR 20.00 FEET;
THENCE N84'26'56"W FOR 5.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 100 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TEMPORARY TECH — ROW
CONSTRUCTION EASEMENT JUN 1 5 2012
DURATION 3 YEARS.
MICHAEL A. W PROFESSIONAL LAND SURVEYOR LS# 5301 ATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
dun.8.2072&te.u7 w:\2009\09008100.00 I$4I !CR951 /M...eusn.nP.evem.M.And CR951 RRR\9OR Pvem\Pe 1—Suwm\Slwteh And D..c tio&7 f—RW R.,02\SKD_101TCEdwq
PROJECT: U.S.41/C.R.951/S.R.951 RIXTI
SKETCH AND LEGAL DESCRIPTION SS1LN Bk-A4
PARCEL 104TCE: TEMPORARY CONSTRUCTION EASEMENT 6610 Willem Park Drive,Suite 200
Naples,Florida 34109
PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(239)597-0575 FAX:(239)597-0578
LB No.:6952
JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
090081.00.00 I 1 I 3 I 51S 26E 1 1" = 40' 1 3/13/12 I R.A.K. I SKD_104TCE I 1 OF 1 `
EXHIBIT "C"
1. Gate
2. Retaining wall with fence
3. Stormwater discharge assembly (including motor actuated valve)
4. Piping modifications
5. Relocation of water service assembly (including backflow preventer)
6. Irrigation system
7. Site Modifications