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Parcel 123/723 PROJECT: 65061 PARCEL: 123/723 FOLIO: 36666660007 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this J.Pl M day of 1\.1 A-(l.L-'1 ' 2005, by and between ROY S. lOCASCIO AND DEBRA M. LOCASCIO husband and wife, whose mailing address is 14125 Collier Boulevard, Naples, Florida 34119-1537, (hereinafter collectively 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 that Owner convey to County a fee estate for road right-of-way purposes, and a temporary construction easement, both described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Purchaser requires a Temporary Construction Easement to provide room to maneuver equipment in order to construct a grade-equalizing slope in the Purchaser's right-of-way; 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 P rope rty. 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. Owner shall convey the Property to Purchaser for the sum of $120,000.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for 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. Owner hereby authorizes Purchaser to make payment in the amount of $120,000.00 to American Government Services Corporation, as settlement agent for the disbursement of proceeds incident to said sale and conveyance of the Property. It is mutually understood that the Property is being acquired under threat of condemnation. 3. Prior to Closing, 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. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 4. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) 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, Purchaser shall deliver the funds to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 5. Owner is aware 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. 6. Owner represents that 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. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to 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 Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. 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, 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 for the execution of any release, subordination or satisfaction, 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. 9. 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. 10. 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.) 11 . 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. Purchase Agreement Page 2 12. 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 this 1~1.ß day of ~r-{ ,2005. Dated Project/Acquisition Approved by BCC: Gift and Purchase Resolution No. 2003-372, Agenda Item No. 16B5, Date 10/28/2003 Condemnation Resolution No. 2004-182, Agenda Item NO.1 OF, Date 5/25/2004 AS TO PURCHASER: DA TED:<~J ~!~~1fo/~ ~" "1, ;:;:~, _.,_ ..,~\. . . .. ~.~.-., , A TTES::r:. :: /,' ',' ~ DWIGt;T~~~C*~J~Y¿, ~~ ~ <.f.\.",\" :~"j~=~~ : ;: -;. ", L", S, .".--"i, , ~'~1.: .;' f\c - . ~1 !., tJ A~~~'~~~Ÿi¡l~n' $1 s1gaatwrt 001,. AS TO OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~W. ~ Fred W. Coyle, Chairman DATED: --/~~ Roy S. Locascio Witness (Signature) ~{tt%~~ Name (Print or Type) ß~~4~ ~(YJ.kft itness (Sign ture) S\...Oð-l'. T· ~ S.fQ~ ~ Name (Print or Type) X Witness (Signature) 911) I ^ ~, . \ C; (\I_Q/~~ Debra M. Locascio Jm11ect{lJ 0{i~ Name (Print or Type) /2Å~~f ~.~~ Witness (Sig ture) Su )(1t'\). ES~5~ Name (Print or Type) Approved as to form and legal sufficiency: L{LV~ ......... Ellen T. Chadwell Assistant County Attorney Purchase Agreement Page 3 ,,-.., ~ o ci I ~ ~ o ci ~ u o o ..- ""--" GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ..- LO m ..- LO m ci Ú cr:: I ~ TRACT _ _______________ --------------ëfQ65------- - LEGAL DESCRIPTION A portion of the South 1/2 of Tract 108 Golden Gate Estates Unit NO.2, Plot Book 4, Page 75-76, of the Public Records of Collier County, Florida, being more particularly desdcribed as follows: Beginning at the Southeast corner of Tract 108; Thence S.89'31'28"W. along the South line of said Tract 1 08, 0 distance of 55.00 feet; Thence N.OO'28'32"W., a distance of 165,00 feet to its intersection with the North line of the South 1 /2 of said Tract 108: Thence N.89'31'28"E. along said North line, a distance ot 55.00 feet to it's intersection with the Easterly line of Tract 108; Thence S.00'28'32"E. along the East line of said Tract 1 08, a distance of 165.00 feet to the POINT OF BEGINNING. Containing 9,075.00 square feet or 0.2083 acres, more or less. NOTES: 1, This is not a survey. 2. Basis of bearing is the West line of County Road 951 (C.R, 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. ROW represents Right-at-Way. 6. P.O,B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. 8, O.R, represents Official Records. 9. L.B.E, represents Landscape Buffer Easement. 10. U.E. represents Utility Easement. LINE L36 L37 l38 LINE TABLE LENGTH 55.00 55,00 165.00 BEARING N89'3"28"E 589'31 '28"W NOO'28'32"W 9 - /7 .- ();} (DATE SIGNED) '"; NOT VALID WITHOÙT ,1HE SIGNATURE AND THE ORGINAL RAISED. sÈAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEl NO. , 123 WI_MIII.¡···~- Atmn . ~ ' EccIøgII/I . INwyI¡n , l..InIåI:.tpe AIM1eeIr ' ~I CaIIIIIrnf ~,hc. ,.,., . F«I.... . an.. . hIñrt . liIrpI -MrUrill"'. '-"lbiUQlHItV·".. ......,.,./'tt 13HfHlI1,IIWHIIt ____ EXHrBIT 4 Pa~ I ,of ,1 - N COLLIER COUNTY DEPARTMENT OF TRANSPORT A TION SKETCH de DESCRIPTION 09/2003 PROJECT NO.' N6015-005-000 SHEET NUMBER, 123 OF XXX FILE NO., 2L-812 TRACT @D GOLDEN GATE ESTATES UNIT NO. 2 P.B. 4, PAGE 75 ------- TRACT ---ë:[~~------------ L1 6~ __ ------------------ - ~ ~ a:::: u L: TRACT CD]) LEGAL DESCRIPTION A portion of the South 1/2 of Tract 108 Golden Gate Estates Unit No.2, Plat Book 4, Pages 75-76. of the Public Records of Collier County, Florida, being. more particularly described as follows: Commencing at the Southeast corner of Tract 108; thence 5.89' 31'2B''W. along the South line of Tract 1 OB, a distance of 55.00 feet to the POINT OF BEGINNING: thence continue S.89'31'28"W. along said line, a distance of 5.00 feet; thence N.00·28'32"W., a distance of 165.00 feet to its intersection with the North line of the South 1 /2 of Tract 1 08i thence N.89·31'28"E. along said North line, a distance of 5.00 feet; thence S.00·28'32"E., a distance of 165.00 feet to the POINT OF BEGINNING. Containing 825.00 square feet or 0.0189 acres, more or less. EXHIBIT A Page d- of J. cfZt ~ -;2.3:-0' (DATE SIGNED) NOT VALID WPJiquT' THE SIGNATURE AND THE ORGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFICATE OF AUTHORIZATION LB #43 PROJECT NO.: 65061 PARCEl NO. : 723 Wi.Mlller···~- PaImIrt ' ~ ' EccIoIIII , arw,tn , ~ Ñtt'IItdI ' ~ CaIIIIInIf ~",..., .he ... ' ArI.... ' ,.,.. , /hdriiQ , r..,. --'-"'. ''-'''**__'/'JIn .....",./'u 1IJHO-f1I'''''''' ........_ Sep 22, 2003 - 11:38:118 MLAMUREIX:\SUR\N80111\9111IdI00.dwg 09/2003 ,-.... ~ o ci o o ..... -....J ..... L() (j) r r -' -' 0) 0) 0! L159 L160 P.O.B. LINE L159 L160 L161 L162 L163 LINE TABLE LENGTH 55.00 5.00 165.00 5.00 165.00 NOTES: 1. This is not a survey. I .:l ~ q a::: -I c( Z c( U ..... L() (j) ci u ~I I BEARING S89'31'28"W S89'31'28"W NOO'28'32"W N89'31'ZB"E 500'28'32"E 2. Basis of bearing is the West line of County Road 951 (C.R. 951) being N 00'28'32" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3, Subject to easements, reservations and restrictions or record. 4. Easements shown hereon are per plat, unless otherwise noted, C 5, ROW represents Right-of-Way. 6. P.O.B. represents Point of Beginning. 7. P.O.C. represents Point of Commencement. B. O. R. represents Official Records. 9, L.B.E. represerits Landscape Buffer Easement. 10. U,E. represents Utility Easement, N f I o 25 50 100 GRAPHIC SCALE COLLIER COUNTY DEPARTMENT OF TRANSPORTATION SKETCH &: DESCRIPTION PROJECT NO.: N6015-005-000 SHEET NUMBER: 723 OF XXX 200 FILE NO.: 2L -812