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Love & Legacy Purchase Agreement BAYSHORE CRA 1 4 6 1 Folio Numbers: 61840280003,61839680009,61839560006, 61839440003,61840320002,29430240000,53352920005,53352880006, 61839120006,53351480009,53351680003,53351800003,53350240004, 29430320001,53350260000,53352200000,53352240002&53352160001 PURCHASE AND SALE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, its successors and assigns, whose mailing address is 3299 Tamiami Trail E., Naples, FL 34112 (hereinafter referred to as "Seller"), and LOVE & LEGACY LLC, a Florida limited liability company, its successors and assigns, whose mailing address is 4947 Tamiami Trail North, Suite 106, Naples, Florida 34103, (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 in Exhibit"A", attached hereto and made a part hereof by reference. 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 TWO HUNDRED SEVENTY ONE THOUSAND THREE HUNDRED and no/100 Dollars ($271,300), 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 TWENTY SEVEN THOUSAND ONE HUNDRED THIRTY and no/100 Dollars ($27,130) together with this Agreement signed by Purchaser. The deposit will be held in escrow by Michael Baviell, Jr., PA., ("Escrow Agent") subject to clearance. Escrow Agent's address is 800 Seagate Dr., #204, Naples, FL 34103; Phone: (239)434-6644. 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 (30) 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. Brokerage commissions in the amount of SIXTEEN THOUSAND TWO HUNDRED AND SEVENTY EIGHT and no/100 Dollars ($16,278) shall be paid out of the Seller's proceed at the time of closing. 10. Purchaser acknowledges there shall be covenants that run with the lands of the property within the Community Redevelopment Plan and 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) Construction must commence as outlined in Exhibit"B". 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 . ,,/ 1 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. 16. The terms of the contract must be performed within the times specified herein as time is of the essence. 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: GI/ cl 'j q ATTEST: COLLIER COUNTY COMMUNITY DWIGHT E.'BROCK;CJerk REDEVELOPMENT AGENCY 4 '5 BY: d?-7.--k-i-ec-1 c77.-26-.1-- Dethuty.Clerk DON A FIALA, Chairman Attest as to Chaitmat s signature only. AS TO PURC AS R: iATED: 5 rria c: , LOVE & LEGA /1.., o ida ' limited liabili . co Witn-ss(Signature')W ^ By 1 Calixto Mo ten •ro, as ) nager Name: J/ . 4.+1. , 1 Va_e�.. (Print or Typ ) Witness(Signature Name: 10mn o)net 11vC& (Print or Type) Approved as to form and legality: Jenn a A`Belpe.i• Assistant County ' •rney I 0 1481 Purchase Agreement Page 3 EXHIBIT "A" PARCEL #1: 3155 Karen Drive (Tax Id # 61840320002), described as: Lot 15, Tarpon Mobile Home, more particularly described as: Beginning at the Northeast corner of Lot 100, Naples Grove and Truck Co's Little Farms No. 2, according to plat in Plat Book 1, Page 27, Public Records of Collier County, Florida; thence North 89 degrees 26 minutes 46 seconds West, 480.0 feet to the POINT OF BEGINNING: thence South 00 degrees 09 minutes 00 seconds West, 139.0 feet; thence South 89 degrees 26 minutes 40 seconds East, 60.0 feet; thence North 00 degrees 09 minutes 00 seconds East, 139.0 feet; thence North 89 degrees 26 minutes 40 seconds West, 60.0 feet to the POINT OF BEGINNING. PARCEL #2: 3175 Karen Drive (Tax Id # 61839440003), described as: Lot 16, of an unrecorded plat: Commencing at the Northeast corner of Lot 100, Naples Grove and Truck Co's Little Farms No. 2, according to plat in Plat Book 1, Page 27, Public Records of Collier County, Florida; thence North 89 degrees 26 minutes 40 seconds West, 420.0 feet to the POINT OF BEGINNING: thence South 00 degrees 09 minutes 00 seconds West, 139.0 feet; thence South 89 degrees 26 minutes 40 seconds East, 60.0 feet; thence North 00 degrees 09 minutes 00 seconds East, 139.0 feet; thence North 89 degrees 26 minutes 40 seconds West, 60.0 feet to the POINT OF BEGINNING. PARCEL #3: 3152 Karen Drive (Tax Id # 61839680009), described as: Lot 37, Tarpon Mobile Homes, more particularly described as follows: Beginning at the Northeast corner of Lot 100, Naples Grove and Truck Co.'s Little Farms No. 2, according to the plat in Plat Book 1, Page 27, of the Public Records of Collier County, Florida; thence South 00 degrees, 09 minutes 50 seconds, West 337.8 feet; thence North 89 degrees, 27 minutes 00 seconds, West 480.0 feet to the POINT OF BEGINNING: thence North 00 degrees, 09 minutes 00 seconds, East 139.0 feet; thence South 89 degrees, 27 minutes 00 seconds, East 60.0 feet; thence South 00 degrees, 09 minutes 00 seconds, West 139.0 feet; thence North 89 degrees, 27 minutes 00 seconds, West 60.0 feet to the POINT OF BEGINNING. PARCEL #4: 3000 Karen Drive (Tax Id # 61839560006), described as: Lot 28, Tarpon Mobile Homesites, more particularly described as follows: Beginning at the Northwest corner of Lot 100, Naples Grove and Truck Co.'s Little Farms No. 2, according to the Plat Book 1, Page 27, of the Public Records of Collier County, Florida; thence South 00 degrees, 09 minutes 00 seconds, West 337.9 feet; thence South 89 degrees, 27 minutes 00 seconds, East 296.81 feet to the POINT OF BEGINNING: thence South 89 degrees, 27 minutes 00 seconds, East 60.0 feet; thence North 00 degrees, 09 minutes 00 seconds, East 139.0 feet; thence North 89 degrees, 26 minutes 40 seconds, West 60.0 feet; thence South 00 degrees, 09 minutes 00 seconds, West 139.0 feet to the POINT OF BEGINNING. PARCEL #5: 3205 Karen Drive (Tax Id # 61840280003), described as: Lot 18 Tarpon Mobile Homesites, more particularly described as follows: Beginning at the Northeast corner of Lot 100, Naples Grove and Truck Co.'s Little Farms No. 2 Subdivision, according to the Plat Book 1, Page 27, of the Public Records of Collier County, Florida; thence North 89 degrees, 26 minutes 40 seconds, West 300.0 feet to the POINT OF BEGINNING: thence South 00 degrees, 09 minutes 00 seconds, West 139.0 feet; thence South 89 degrees, 26 minutes 40 seconds, East 60.0 feet; thence North 00 degrees, 09 minutes 00 seconds, East 139.0 feet; thence North 89 degrees, 26 minutes 40 seconds, West 60.0 feet to the POINT OF BEGINNING. PARCEL #6: 3258 Lunar Street (Tax Id # 29430240000), described as: Lot 7, Crews Subdivision, in accordance with and subject to the plat recorded in Plat Book 9, Page 48, Public Records of Collier County, Florida. PARCEL #7: 3029 Lunar Street (Tax Id # 53352920005), described as: Lot 90, Lake Kelly, Unit 2, in accordance with and subject to the plat recorded in Plat Book 3, Page 93, Public Records of Collier County, Florida. PARCEL #8: 3037 Lunar Street (Tax Id # 53352880006), described as: Lot 89, Lake Kelly, Unit 2, in accordance with and subject to the plat recorded in Plat Book 3, Page 93, Public Records of Collier County, Florida. CA 14B1 Purchase Agreement Page 4 PARCEL #9: 3015 Karen Drive (Tax Id # 61839120006), described as: Lot 7, Tarpon Mobile Estates, an unrecorded plat, more particularly described as follows: Beginning at the Northwest corner of Lot 100, Naples Grove and Truck Co's Little Farms No. 2, in accordance with and subject to the plat recorded in Plat Book 1, Page 27A, Public Records of Collier County, Florida; thence South 89 degrees 26 minutes 40 seconds East 356.81 feet to the POINT OF BEGINNING: thence South 89 degrees 26 minutes 40 seconds East 60.0 feet; thence South 00 degrees 09 minutes 50 seconds West 139.0 feet; thence North 89 degrees 27 minutes 00 seconds West 60.0 feet; thence North 00 degrees 09 minutes 00 seconds West, 139.0 feet to the POINT OF BEGINNING. Lot 100 of Naples Grove and Truck Co's Little Farms No. 2 Subdivision and Lot 100 of Naples Groves and Truck Co's Little Farms No. 2, Section 23 Township 50 South, Range 25 East, as recorded in Plat Book 1, Page 27A, Public Records of Collier County, Florida are one and the same. PARCEL #10: 3991 New Moon Ct (Tax Id # 53351480009), described as: Lot 43, Lake Kelly, Unit 2, in accordance with and subject to the plat recorded in Plat Book 3, Page 93, Public Records of Collier County, Florida. PARCEL #11: 3962 Harvest Ct (Tax Id # 53351680003), described as: Lot 48, Lake Kelly, Unit 2, in accordance with and subject to the plat recorded in Plat Book 3, Page 93, Public Records of Collier County, Florida. PARCEL #12: 4000 Harvest Ct (Tax Id # 53351800003), described as: Lot 51, Lake Kelly, Unit 2, in accordance with and subject to the plat recorded in Plat Book 3, Page 93, Public Records of Collier County, Florida. PARCEL #13: 4032 Full Moon Ct (Tax Id # 53350240004), described as: Lot 7, Lake Kelly, Unit 2, in accordance with and subject to the plat recorded in Plat Book 3, Page 93, Public Records of Collier County, Florida. PARCEL #14: 3252 Lunar (Tax Id # 29430320001), described as: Lot 9, Crews Subdivision, in accordance with and subject to the plat recorded in Plat Book 9, Page 48, Public Records of Collier County, Florida. PARCEL #15: 4048 Full Moon Ct (Tax Id # 53350260000), described as: Lot 8, Lake Kelly, Unit 2, in accordance with and subject to the plat recorded in Plat Book 3, Page 93, Public Records of Collier County, Florida. PARCEL #16: 3991 Harvest Ct (Tax Id # 53352200000), described as: Lot 66, Lake Kelly, Unit 2, in accordance with and subject to the plat recorded in Plat Book 3, Page 93, Public Records of Collier County, Florida. PARCEL#17: 3979 Harvest Ct (Tax Id # 53352240002), described as: Lot 67 and the South half (1/2) of Lot 68, Lake Kelly, Unit 2, in accordance with and subject to the plat recorded in Plat Book 3, Page 93, Public Records of Collier County, Florida. PARCEL #18: 4005 Harvest Ct (Tax Id # 53352160001), described as: Lot 65, Lake Kelly, Unit 2, in accordance with and subject to the plat recorded in Plat Book 3, Page 93, Public Records of Collier County, Florida. -41 CA 1-4 8-1 Purchase Agreement Page 5 EXHIBIT "B" All homes will be single family, concrete block construction. Purchaser will make best efforts to make sure the properties are sold such that they will be owner occupied or occupied by seasonal residents. Proposed Building Time-Frame Phase One: Building shall commence on first two lots within 30 days of closing. Phase Two: Building shall commence on next four lots within 6 months of closing. Phase Three: Building shall commence on six additional lots within one year of closing. Phase Four: Building shall commence on remaining six lots within 18 months of closing. Buildings shall be deemed complete when a certificate of occupancy is issued. Subject to force majeure, parcels not receiving a certificate of occupancy within 24 months of close and settlement shall automatically revert to Seller or its successors or assigns, without the necessity of Seller or its successors or assigns taking any affirmative action to effectuate the reverter. Force Majeure: Fire, flood, earthquake or hurricane or for any other cause similar to those enumerated. 7