Loading...
Richter Purchase Agreement • PROJECT: BAYSHORE GATEWAY FOLIO NO: 29280960006 PURCHASE AND SALE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between COLLIER COUNTY COMMUNITY REDEVELOPEMENT AGENCY, its successors and assigns, whose mailing address is 3299 Tamiami Trail E., Naples, FL 34112 (hereinafter referred to as "Seller"), and A.P. RICHTER HOLDING COMPANY, LLC, a Florida Limited Liability Company, its successors and assigns, whose mailing address is 1617 Gulfstar Drive South, Naples, FL 34112 (hereinafter referred to as "Purchaser"); WHEREAS, Seller is the owner of those certain parcels of real property (hereinafter collectively referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as follows: LOT 32, CRAIGS SUBDIVISION, in accordance with and subject to the plat recorded in Plat Book 4, Page 27 of the Public Records of Collier County, Florida Subject to easements, restrictions, and reservations of record. WHEREAS, Seller desires to convey the Property "as is" to Purchaser for the stated purposes and Purchaser desires to acquire the Property "as is", on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Seller for conveyance of the Property; NOW THEREFORE, in consideration of these premises, 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. ' Seller shall convey the Property to Purchaser via Statutory Deed for the sum of THIRTY FIVE THOUSAND and no/100 Dollars ($35,000), payable by wire transfer (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed. This is a cash transaction with no contingencies for financing. 2. Purchaser shall deliver a deposit of THREE THOUSAND FIVE HUNDRED and no/100 Dollars ($3,500) together with this Agreement signed by Purchaser. The deposit will be held in escrow by Stewart Title Co. ("Escrow Agent") subject to clearance. Escrow Agent's address is 3936 N. Tamiami Trail, Suite A, Naples, FL; Phone: (239) 262-2163. 3. The effective date of the Agreement shall be the date the CRA Chairman signs the Agreement ("Effective Date"). 4. Seller shall provide Purchaser with a copy of their existing Owner's Title Insurance Policies as title evidence. Purchaser, at their expense, will be responsible for obtaining their own title insurance commitment and Owner's Policy of Title Insurance. 5. The Closing of the transaction shall be held on or before thirty (45) days from the Effective Date. At Closing, Purchaser shall deliver the wire transfer to Seller and Seller shall deliver the fully executed Statutory Deed to the Purchaser. Purchaser shall be entitled to full possession of the Property at Closing. 6. Seller shall convey a marketable fee simple title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards • adopted by the Florida Bar and in accordance with law. 7. Each party shall be responsible for the payment of its own attorney's fees, if any. Purchaser, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Statutory Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of the title commitment and the title policy. Purchaser shall pay for the cost of recording the Statutory Deed. The cost of recording any instruments necessary to clear Seller's title to the . Property will be paid by Seller. 8. Ad Valorem and Non-Ad Valorem property taxes shall be prorated between Seller and Purchaser on a 365-day calendar or fiscal year, as appropriate, and shall be based on the current year's tax. If Closing occurs at a date which the current year's tax is not fixed, taxes will be prorated based upon such prior year's tax. In determining prorations, the closing date shall be allocated to Purchaser. 9. Any and all brokerage commissions or fees shall be the sole responsibility of the Purchaser. " Purchaser shall indemnify Seller and hold Seller harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Purchaser as a real estate broker, salesman or representative, in connection with this Agreement. 4$ Purchaser acknowledges there shall be covenants that run with the lands of the property herein described that will be fully binding on any successors, heirs, and assigns of owners who may acquire any right, title, or interest in or to the property. A) Mobile homes shall not be permitted,��,,�'' on this site; and B) :_'..r. � 4�" 11. Conveyance of the Property by Seller is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement shall constitute the �� (A) Purchase Agreement Page 2 entire Agreement and understanding of the parties, and there are no other prior or written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 12. This Agreement and the 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 both parties , hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 13. Any amendment to this Agreement shall not bind any of the parties hereto unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14. No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 15. 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 as of the dates set forth herein below. Date Property conveyance approved by BCC: AS TO SELLER: DATED: i ILI ) lam} ATTEST: COLLIER COUNTY COMMUNITY DWIGHT E. BROK, Clerk REDEVEL MENT AGE CY BY w•+ Dip "k Donna Fiala Attest as to Chairman's Chairman signature only. AS TO PURCHASER: DATED: /4/3 A.P. RICHTER HOLDING COMPANY, LLC a Florida Limited Liability Company_ "et_ 9t4 1(-1 By: �� Witness (Signature) AUGUS ,P RICHTER Name: iRti A .rc u iP Its Managing Member (Print or Type) "xal tness ( ature Name: - _Jou rc)ct,1 (Print or Type) Approved as to form and legal sufficiency: • Assistant County Attorney o £� rney� g Lf£D t O 0'1 S