Daryl & Linda Schwalm Lot 26Memorandum
TO:
FROM:
DATE:
RE:
Ellie Hoffman
Records Technician III
Minutes & Records Management
Cindy Erb
Sr. Property Acquisition Specialist
Real Property Management Department
January 2, 2002
Naples Park Neighborhood Park:
Lot 26, Block 9, Naples Park Subdivision, Unit No. 1
Please find attached one (1) ori.qinal recorded Warranty Deed and one (1) original
Agreement for Sale and Purchase for the above referenced project.
The Board of County Commissioner of Collier County, Florida approved the purchase of
this lot in Naples Park from Daryl and Linda Schwalm, for a neighborhood park, Agenda
Item 16 D (3), dated December 11,2001.
Please contact me if you have any questions or comments at 8917.
Thank you.
attachments as stated
cc: Tax Appraiser's Office w/Easement only
Tax Collector's Office w/Easement only
Inventory File w/attachments
Office of the Real Property Management Department
PROJECT: Naples Park Neighborhood Park
FOLIO: 62417240006
prepa~eO b)t
3301 East ~'~iamt Trail
Naples, FloriOa 34112
(94k} 774-8400
2905071 OR: 2948 PG: 1654
RE¢ORDgD ill O~PI¢IAL RBCORD$ Of COLLIEI{ COUI(?Y,
C0~S 82000,00
REC ~E~ 10.50
D0~-,70 57L00
CO)IES 2.00
RBAL PROP)RT¥
BXT 8991
INTER O))ICB
WARRANTY DEED
THIS WARRANTY DEED made this 26 day of ~ow~rR~ ,2001,
by DARYL E. SCHWALM, JOINED BY HIS SPOUSE, LINDA SCHWALM, (hereinafter
collectively called the Grantor), to COLLIER COUNTY, a political subdivision of the
State of Florida, its successors and assigns, whose post-office address is 3301
Tamiami Trail East, Naples, Florida, 34112 (hereinafter called the Grantee).
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors and
assigns.)
WlTNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit:
LOT 26, BLOCK 9, NAPLES PARK SUBDIVISION, UNIT
NO. 1, ACCORDING TO PLAT THEREOF AS RECORDED
IN PLAT BOOK 1, PAGE 106, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons whomsoever; and that
said land is free of all encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
Wi~ess_.JSignaturq) (/,1
Name:
(Print or Type)
Withess 6Signature) ,
Name:
(Print or Type)
XD~_m~ E. ~v~hwalm
Address: P.O. Box 152
Manitou Beach, MI 49253-0152
THIS CONVEYANCE ACCEPTED BY THE
BOARD O~ COUNTY COIqlqISSIONERS,
COCLIER COUNTY, FLORIDA,
pUJ~UANT TO AG~OA,
- *** OR: 2948 PG: 1655 ***
W itri/~s s__(.S ig n ~.t u,re),
Narn~:~o(] rl('j~_
(Print or Type) /
~¢¢itnes~ (,Signature) / .... .,
(Print or/ype)
Address: P.O. Box 152
Manitou Beach, MI 49253-0152
STATE OF
COUNTY OF L.~
~)l,.kzThe foregoing Warranty Deed was acknowledged before me this ~ day of
~f~,.~¢2~¢- ,2001 by Daryl E. Schwalm, who is personally known t-' o me or
who has produced I'Y'~T-'p,~,~er~ L3(~ ~"t.x~ as identification.
(affix notarial seal)
(Sil~n~_tur~e"'6f [lo{ary F~ublic)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
STATE OF ~¢'~'~Q~/',"~t vA
COUNTY OF L~¢t:~TM
The foregoing Warranty Deed was acknowledged before me this __
who has produced
(affix notarial seal)
'~)~9 day of
, 2001 by Linda Schwalm, who is personally known to me or
¢'f-'~-- ~[~ [i0¢ n~c~.as identification.
(~'i'~ature of Notary Publi~ ,
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:
My Commission Expires:
AsMstant County Attorne~
Ellen T. Chadwell
PROJECT: Naples Park Neighborhood Park
FOLIO: 62417240006
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between DARYL E. SCHWALM, joined
by his spouse LINDA SCHWALM (hereinafter collectively referred to as "Seller"), and
COLLIER COUNTY, a political subdivision of the State o1 Florida, (hereinafter referred to as
"Purchaser").
W TNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to
as "Property"), located in Collier County, State of Florida, and being more particularly
described as:
Lot 26, Block 9, NAPLES PARK SUBDIVISION,
UNIT NO. 1, according to plat thereof as recorded in Plat
Book 1, Page 106, Public Records of Collier County, Florida.
Subject to easements, reservations, and restrictions of record.
WHEREAS, Pumhaser is desirous of purchasing the Property, subject to the conditions and
other agreements hereinafter set forth, and Seller is agreeable to such sale and to such
conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings o1 the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from
Seller the Property, described above.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be eighty two
thousand ($82,000) dollars, (U.S. Currency) payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of
the transaction shall be held on or before sixty (60) days following execution of this
Agreement by the Purchaser but not later than December 31,2001, unless extended by
mutual written agreement of the parties hereto. The Closing shall be held at the Collier
County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples,
Florida. The procedure to be followed by the parties in connection with the Closing shall
be as follows:
3.011 Seller shall convey a marketable 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.
At the Closing, the Seller shall cause to be delivered to the Purchaser the items
specified herein and the following documents and instruments duly executed and
acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the Property,
free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Mechanics Lien and Possession Affidavit.
3.0113 Combined Purchaser-Seller closing statement.
3.0114 A "non-foreign person affidavit" as required by Section 1445 of the
Internal Revenue Code.
3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service.
3.0116 Such instruments as may be required by the title insurance
underwriter in order to insure the "gap" and to issue the policy contemplated
by the title insurance commitment.
3.012 At the Closing, the Pumhaser, or its assignee, shall cause to be delivered to the
Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to the
Purchase Price. No funds shall be disbursed to Seller until the Title Company
verifies that the state of the title to the Property has not changed adversely
since the date of the last endorsement to the commitment, referenced in
Section 4.011 thereto, and the Title Company is irrevocably committed to pay
the Purchase Price to Seller and to issue the Owner's title policy to Purchaser
in accordance with the commitment immediately after the recording of the
deed.
3.0122 Funds payable to the Seller representing the cash payment due at
Closing in accordance with Article III hereof, shall be subject to adjustment for
prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its
sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to
the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida
Statutes, and the cost of recording any instruments necessary to clear Seller's title to
the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the
Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost
of the title commitment shall be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property
taxes shall be prorated based on the current year's tax with due allowance made for
maximum allowable discount, homestead and any other applicable exemptions and paid
by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes
will be prorated based upon such prior year's millage. All Special Assessment liens for
drainage improvements pending on the property shall be paid by Seller at closing.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall perform
the following within the times stated, which shall be conditions precedent to the Closing;
4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to
Purchaser as evidence of title an ALTA Commitment for an Owner's Title
Insurance Policy (ALTA Form B-1970) covering the Property, issued by a national
title insurance company, together with hard copies of all exceptions shown
thereon. Purchaser shall have fifteen (15) days, following receipt of the title
insurance commitment, to notify Seller in writing of any objection to title other than
liens evidencing monetary obligations, if any, which obligations shall be paid at
closing. Permitted exceptions shall include, but are not limited to, the following:
(1) applicable zoning regulations and ordinances of the county having
jurisdiction over the use of the Property; and
(2) real property taxes and assessments for 2001, which are not yet due
and payable.
(3) existing mortgages which shall be satisfied at or prior to Closing.
4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in
Seller's title in the manner herein required by this Agreement, the title shall be
deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall
have thirty (30) days to remedy any defects in order to convey good and marketable
title, except for liens or monetary obligations which will be satisfied at Closing.
Seller, at its sole expense, shall use its best efforts to make such title good and
marketable. In the event Seller is unable to cure said objections within said time
period, Purchaser, by providing written notice to Seller within two (2) days after
expiration of said thirty (30) day period, may accept title as it then is, waiving any
objection; or Purchaser may terminate the Agreement. A failure by Purchaser to
give such written notice of termination within the time period provided herein shall
be deemed an election by Purchaser to accept the exceptions to title as shown in
the title commitment.
4.013 Purchaser shall have the option, at its own expense, to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Florida. No
adjustments to the Purchase Price shall be made based upon any change to the
total acreage as referenced in the aforementioned legal description, if any. Seller
agrees to furnish any existing surveys of the Property, if any, to Purchaser within
thirty (30) days of execution of this Agreement.
V. INSPECTION PERIOD
5.01 Purchaser shall have sixty (60) days from the date of this Agreement, ("Inspection
Period"), to determine through appropriate investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the development
of the Property.
3. The Property is in compliance with all applicable State and Federal environmental
laws and the Property is free from any pollution or contamination.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any
investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection
Period, written notice of its intention to waive the applicable contingencies or to
terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific
objections as provided herein within the Inspection Period, it shall be deemed that the
Purchaser is satisfied with the results of its investigations and the contingencies of this
Article VI shall be deemed waived.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation. Purchaser
shall, in performing such tests, use due care and shall indemnify Seller on account of
any loss or damages occasioned thereby and against any claim made against Seller as
a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty
four (24) hours prior to said inspection of the Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the
right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be
prorated at Closing based upon the gross amount of 2000 taxes, and shall be paid by
Seller.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of written
notification of such failure, Pumhaser may, at its option, terminate this Agreement by
giving written notice of termination to Seller. Purchaser shall have the right to seek and
enforce all rights and remedies available at law or in equity to a contract vendee,
including the right to seek specific performance of this Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the transaction
contemplated hereby or otherwise fails to perform any of the terms, covenants and
conditions of this Agreement as required on the part of Purchaser to be performed,
provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right
to terminate and cancel this Agreement by giving written notice thereof to Purchaser,
whereupon one percent (1%) of the purchase price shall be paid to Seller as liquidated
damages which shall be Seller's sole and exclusive remedy, and neither party shall
have any further liability or obligation to the other except as set forth in paragraph 12.01
hereof. The parties acknowledge and agree that Seller's actual damages in the event
of Purchaser's default are uncertain in amount and difficult to ascertain, and that said
amount of liquidated damages was reasonably determined by mutual agreement
between the parties, and said sum was not intended to be a penalty in nature.
9.03 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies to
each of the parties, and take into account the peculiar risks and expenses of each of
the parties.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the Property,
and to execute, deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby. At Closing, certified copies of such approvals and
authorizations shall be delivered to Purchaser and/or Seller, if necessary.
10.013 The warranties set forth in this paragraph shall be true on the date of this
Agreement and as of the date of Closing. 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 the Seller to be performed pursuant to the
provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at law,
equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property that
could, if continued, adversely affect Seller's ability to sell the Property to Purchaser
according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Seller 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 or any part thereof, 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.
10.017 Seller represents that there are no incinerators, septic tanks or cesspools on
the Property; all waste, if any, is discharged into a public sanitary sewer system;
Seller represents that they have (it has) no knowledge that any pollutants are or
have been discharged from the Property, directly or indirectly into any body of water.
Seller represents the Property has not been used for the production, handling,
storage, transportation, manufacture or disposal of hazardous or toxic substances
or wastes, as such terms are defined in applicable laws and regulations, or any
other activity that would have toxic results, and no such hazardous or toxic
substances are currently used in connection with the operation of the Property, and
there is no proceeding or inquiry by any authority with respect thereto. Seller
represents that they have (it has) no knowledge that there is ground water
contamination on the Property or potential of ground water contamination from
neighboring properties. Seller represents no storage tanks for gasoline or any other
substances are or were located on the Property at any time during or prior to
Seller's ownership thereof. Seller represents none of the Property has been used
as a sanitary landfill.
10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or local
statute, law or regulation, or of any notice from any governmental body has been
served upon Seller claiming any violation of any law, ordinance, code or regulation
or requiring or calling attention to the need for any work, repairs, construction,
alterations or installation on or in connection with the Property in order to comply
with any laws, ordinances, codes or regulation with which Seller has not complied.
10.019 There are no unrecorded restrictions, easements or rights of way (other than
existing zoning regulations) that restrict or affect the use of the Property, and there
are no maintenance, construction, advertising, management, leasing, employment,
service or other contracts affecting the Property.
10.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which affects the
Property or which adversely affects Seller'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.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or 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, Seller 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 change the zoning or physical condition of
the Property or the governmental ordinances or laws governing same. Seller also
agrees to notify Purchaser promptly of any change in the facts contained in the
foregoing representations and of any notice or proposed change in the zoning, or
any other action or notice, that may be proposed or promulgated by any third parties
or any governmental authorities having jurisdiction of the development of the
property which may restrict or change any other condition of the Property.
10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter
called the "Closing Representative Statement") reasserting the foregoing
representations as of the Date of Closing, which provisions shall survive the
Closing.
10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and
hold Purchaser harmless from any and all costs (including attorney's fees) asserted
against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in
connection with the application of any federal, state, local or common law relating to
pollution or protection of the environment which shall be in accordance with, but not
limited to, the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"),
which was amended and upgraded by the Superfund Amendment and
Reauthorization Act of 1986 ("SARA"), including any amendments or successor in
function to these acts. This provision and the rights of Purchaser, hereunder, shall
survive Closing and are not deemed satisfied by conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this Agreement
and the date of Closing shall be Seller's sole risk and expense.
Xl. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be given to
either party hereunder shall be in writing, sent by registered, or certified mail, return
receipt requested, postage prepaid, addressed as follows:
If to Purchaser:
Real Property Management Department
Administration Building, 4th Floor
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to:
Ellen T. Chadwell, Assistant County Attorney
Office of the County Attorney
Administration Building, 8th Floor
3301 Tamiami Trail East
Naples, Florida 34112
To Seller:
Daryl E. and Linda Schwalm
P.O. Box 152
Manitou Beach, MI 49253-0152
11.02 The addressees and addresses for the purpose of this Article may be changed
by either party by giving written notice of such change to the other party in the manner
provided herein. For the purpose of changing such addresses or addressees only,
unless and until such written notice is received, the last addressee and respective
address stated herein shall be deemed to continue in effect for all purposes.
Xll. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the
Seller. Seller shall indemnify Purchaser and hold Purchaser 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 Seller as a real estate broker, salesman or
representative, in connection with this Agreement. Seller agrees to pay any and all
commissions or fees at closing pursuant to the terms of a separate agreement, if any.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties.
13.02 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 trustee, and assignees whenever the context
so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof 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.
13.04 Captions and section headings contained in this Agreement are for convenience
and reference only; in no way do they define, describe, extend or limit the scope or
intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as the
context or the use thereof may require.
13.06 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.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
13.08 Seller is aware of and understands that the "offer" to purchase represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
13.09 If the Seller holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Seller
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 Property held in such capacity is conveyed to Collier County. (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.)
13.10 This Agreement is governed and construed in accordance with the laws of the
State of Florida.
XlV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and no promise, representation, warranty or covenant not included
in this Agreement or any such referenced agreements has been or is being relied upon
by either party. No modification or amendment of this Agreement shall be of any force
or effect unless made in writing and executed and dated by both Purchaser and Seller.
Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties hereto set forth their hands seals.
Dated Project/Acquisition Approved by
AS TO PURCHASER:
BOARD OF COUNTY COMMISSIONERS
COLLI ER COUNTY, ~)A~,
JAMES'O. CARTER, Ph.D., Chairman
AS TO SELLER:
WITNESSES:
(~"~natu re) -
(Printed Name)
sil~ESSES:
ature) '~
(Printed.Name) , ., .
(Printed Name)
CE'I I~I~A SCHW~
Approved as to form and
legal s~ficiency:
_.,~Asl~-n ?. Chadwe'~
sistant County Attorney