The URL can be used to link to this page

Bueno/Costa • SONtiEPWWN Y 1f+^iztTINCAVr3N NUM ? 3',Kt 77 ..^.s> .u, AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made .and entered into by and between ORLANDO V. BUENO AND t,,LAUDIO A. COSTA whose address is 501 SW 1 Street #507. Miami. FL 30, (hereinafter referred t as "Seger"), and COLLIER COUNTY. a political subdivision of the State of F or.ida. its successors and assigns: whose adress .is 335 Temiarr'fi ;rail East. >Ltite 101, Naples, FL 34112. (hereinafter referred to es "P rchaSer'f. 'WfIT.NES SETH WHEt`t:.A S, Seller is the 2ownaer of that certain ypa.rcge`q of real p,.rJoperty� te'rem ftei' re'erred to as "Pro fty").. `located in .Collier County. State of Florida. and being more particularly described in Exhibit `A", attached hereto and made a part hereof by reference ncr WHEREAS, Purchaser is desirous of purchas ng the Proper. subject' to the aanditions and Other agreements hereinafter met forth, and Seller is agreeable fbie to such air'.:end to such conditions and agreements NOW. 'THEREFORE,REFOJRE, end torandco - ton the r r i ^i the0. ch'e in '3t'1;a.e�s rid #.r. of the ��:�^,€�r�a�� c3#�� re.fi�3�:�.:.< undertakings`of the parties hereinafter set forth and the sum of Ten Oorlar's ($10.00). the receipt and sufficiency of Vit'4#c i hereby acknowledged, it is agreed as follows: I. AGREEMENT 1 01 in consideration of the purchase pace and upon the terms and Conditions h''reinaftr r set forth. Sebe; sh tti ., ?ett o Purchaser and Purchaser er an purthase from Seller the Prope"tY described in Exhibit."A" li. PAYMENT OF PURCHASE 1=`i?ICE 2.01 The purchase price the "Purchase Price) for the Property shall he. Thirty Four Thousand One Hundred and •Twenty-ffive Dollars and 001100 dollars (S34,125.00). U.S. Cur ency) payab e at time of closing. tl€. CLOSING 3 01 The Closing (THE "CLOSING DATE: -DATE OF CLOSING", OR "CLOSING") of the transaction shah f : held o a: before one 'hundred and twenty 0} days forie.s:rng execution of th;s Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto The Manager of the teat Property an eeit or designee is a;:tthor iMed .o enter into such rxa'r#taa! • written agreements ents on behalf of the County for extensions of up to an additional 60 days without further approval by the Board: of County Cornmiss:ior ers, The A TRUE COPY CERTIFICATION ON LAST PAGE HARVEY RUVIN, CLERK COnSi RvAr::- :;L>ii.1re? TAX fr f rdrif r:r.')f`i?X?atl if+ff R E;ic Siris shalt be held at the Collier County Attorney's Office. Administration .Building. 29 Tamiami Trail East at" Floor. Naples, Florida. The procedure followed by the parties in connection with the Closing shall be as follows: 3:011 Seller shah o}nvey .marketable title free of any liens. encumbrances. exceptions. Or qualifications. Marketable title snail be determined according to applicable title standards adopted may. the Florida Bar and in accordance lance with haw. At the Closing. the Seller shall cause to be r31feref to thePurchaser the items specifiedherein and the following documents and instruments duly executed and acknow'l.edged. :"E recordable bora;, 3.0111 Warranty Deed in favor do Purchaser conveying ti{le td the Property. free and clear of all liens and encumbrances other than: :a; The lien for c.Urtent taxes and ass saments. (:l;:•}:`,`tf 3s other easements. restrictions or conditions of record. 3.0112 Combined Purchaser--settee• closing Statement. 3.0113 A "=ap, Tax Proration. Owner's arid Non-Foreign Affidavit," as required by Section. 1445 of the Internal Revenue Code and as required by the(title insu:rz•trice underwriter in order to insure the "gap" acid issue the policy contemplated plated by the title insurance commitment 3.0114 A W-9 Form, "Request for Caxpayer ld ntifitation and zCertification,. as required by the Internal Revenue Service 3.012.At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the followin . 3.0121 A 'etre transfer 'oi' negotiable instrument in an amount equal to the Purohase Price. No funds stnatl be disbursed to Seller .rail 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 Se rtion 4:01.1 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title poticy to Purchaser in accordance~ with the commitment immediately after the recording of the deed . .0.22 Funds payable to the Seiler representing the cash payment dee at Closing in accordance with Article ll! hereof. shall be subject to adjustment for a'roratfonss as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees, Seller. at its s ie cost and expense, shalt pay at"Nsing a;i documentary stamp'tares dui;: relating to the recording of the Warranty Deed. in accordance with Chapter 201.01. C R JECOPY ON LAST PAGE HARVEY RNlIN,CLERK v',?£dS R`v'. -noP4 COu.tf;R Florida Statutes. and the cost of recording rding any instruments necessary to clear Setler's title to the Proper y. The cost of the Owner's Form t3 Title Pr.Elicy. issiri3.^.a wrsi,ia"££i to the Commitment provided for in {� 9 biose shell } r ,. .� � Section�:.,1 t.3a�'. .i r .� tai~paid 3} Purchaser. The cosst of the title com£rr tinent shag also be paid by Purcr .aser.. 33.03 Pcirchaser _? rax for the cost 3t recording the Warranty Deed. Real Property taxes slur# be prorated bases on the current yeas'a tax with O e allowance made for maximum allowable `dwriscaunt, homestead end any other ap.'Pficabie exemptions and paid by Seiler. If Closing occurs at a date which the current year's miltaie is notfixed, taxes wilt �» "prorated based upon such pri,3r year's mitlage RE NIREMENTS AND CONDITIONS 4.01 Upon exec.1.4lion Of this Agreement by both pasif at suo'n other time as specified wither this Article. Purchaser and/or Seiler, as the case may be. shall perforin the following within the times stated.. winch shall be conditions precedent to the Closing.: 4.011 Within fifteen (15) days after the date hereof, Purchaser shag obtain at evidence of title an ALTA A Commitment for an Owners Title insurance Policy {ALTA F-o-rr B-1970). ctveriiv the Property. together with hasrd 'copies of all exceptions shown thereon. Purchaser ;hall have thirty i30f days, following receipt of the title insurance commitment, to notify Seger in writing of any objection to title other than hens evidencing monetary obligationt, if any, which obligations shalt be paid at closing. r{ the title commitment contains exceptions that make the title unmarketable, Purchaser chaser ha l deliver to the Seller written notice of its intention to waive the.applicable centi£?gencies or to terminate this Agreement. 4.01:2 If Purchaser shall fall to advise the S 1 tier 0 writing of any such ohtn ctions ri Sellers talie ia': the rnan ter herein required by this Agreement.t. tele title shall be deemed aceptable. Upon notification of Purchaser's objection ctio' to tite> Seiler shall-haie thirty Clj days to remedy any ra£fewt: in order to convey is od and marketable title: except tor licy;i.s or monetary "b€gationS Which tz sfisri.fl be satisfied at Closing Setter, at its sole expense., shalt use its best e orts to make such title good and marketable to tie event Seater is unable to cure said s. bte;.tions within said lime period, Purchaser, by . rOvidin written notice . to Seller within seven € 'i dans aster expiration of said thirty ":::'r day period, may accept title as it then is,. waiving any obletct£on. Car Purcharser may terminate the.Agreement. , failure by Purchaser to give sus h written notice of termination within the time eeci td provided b ri).in shati he deemed an election oy Purchaser to 'accept the exceptions to title es shown in the titie Commitment. a 013 Seller agrees to furnish any existing surveys of the Properly in Seller's possession to Purchaser within 10 (ten) days of the effective date of this. C ToE RTIFC�(Y O �kLFA/sTPAGE ViARVE1 14:11\11 y, ✓��%`�_ COU EV.R f X::: r+rrIF3C:s f'xO d k311MII R 3`t :a'.............. • Agreement. Purchases 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 F>or'iUa. No adjustments to the Purchase Price shalt be mads* based upon any .change to the total acreage reference; in Exhibit "A,'' i nless the'difference in • acreage revealed by survey exceeds M ..of the overall acreage. if the. survey provided by Seiler or obtained by P13£cc•hase.. as certified by a registered Florida surveyor.. $l*low;s': to i'. ;-ncroactime: t onto the property; or (b) that an improvement 4`z'ment ley aato>•", on the Property projects onto lands of others, or (c) lack of iegai access to a public roadway, the Purchaser teaser sal notify the Seller in writing of such 'encroachme:nt: 3 Eojei tk n, or is,k of leg.ai access. end Seller ; Pali have the uptiOn of curing said encroachment hment or prosection. of obtaining • legal actess to the Property from a ptibfic rondo+aa>, within sixty 60) da/s o receipt of said written 'notice from Pi.lrchaser Purchaser shall have ninety 1,90) days from the effective date of this Agreement to notify Seiler of any such • objections. Should Seller elect not to or be unable 'to remove the encroachment, orr 1ecti n, or provide legal access'to the property within said sixty l60) day period, Purchaser, by providing written notice, tol within .ii'' sever (7), days after expiration of said sixty .t30) day period, may accept /he Property as it. then is. waiving any. objection to the encroachment ci • projection. or lack of legal acres. or Purchaser may terminate the Agreement A failure by Purchaser its gisic? such written notice of termination within the time petted Prowled herein shall be deemed an election by Purchaser to accept the Property with the encreachment, or projection, or lack of legal access. V. NSPEC.,ION PERIOD 5 ori i Purchaser shalt have one hundred and twenty t' 20 •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 dernuck:'ng soil stab?izat€on or foundations. . 2. There are no abnormal drainage or environmental requirements ents to the devek,r went 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. 4.. The Property ;an be utilized for its intended use and purpose in the Conaenv4 tiorn Coiher program. f Purchaser is not satisfied, for any reason whatsoever, with the iesutts of any investigation, Purchaser shalt deliver to Seller prior to the expiration of the inspection Period. written notice of its ri ent€on to Waive the applicable contingencies or to tears ata this Agreement. if Purchaser fails to notify the Siler in writing of its specific cit4et t.le?ne as provided herein within the tc.spectionerio-x°s,. ,; shall i? deemed that t: 5 Purchaser is satisfied with the sirs .0f ros irn 'Slit at::ons and the contingencies of this Article V .'.'sail be deemed waived. In A TRUE COPY CERTIFICATION ON LAST PAGE HARVEY RUVIN, CLERK '„ONSERVAT3ON COWER TAX::.riw:%.3 i iF%i,Ar#ON M{.Mr3E%i.J:j:i..:'7,5 v 4 the event Purchases etect:;f to terminate this Agreement because of the light of inspection, Purchaser :thah deliver to Seiler copies of all engineering reports and environmental•and soil testing results commissioned by Purchaser with respect to the Property 5.03 Purchaser and Its agents, employees and servants shall, at their own. nsk and expens=e, 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 careand shallindemnify Seller on account of any foss or damages oc;ca ii 3€ ed thereby ,and against any claim ihade against. Seiler as a result suit >€ Purchaser's entry. Seller shah be. notified by Purchase:' no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION <ON 6.01 Seiler acknowledges that the Purchaser, or its authorized agents, s hal have the right tO inspect the Property at any time prior to the Closing. I , POSSESSION • 7.01 Purchaser Shall be entitled. to bull possession of the Property at Closing. ;tilt. PROFytiONSj 8.01 Ad valorem taxesnext due and payable. after cosing onthe Property, shal< be prorated at C ening based upon the gross amount of 2017 taxes, and shall be: paid by Seiler. X. TERMINA 3 tON AND REMEDIES t:01 if Seller shall have failed to perform any of the covenants and/or agreements contained herein which are},, To be performed by Seiler, within ten OD). days cif written notification of such failure, Pi rchaser may, at its option, terminate this I. Agreementy giving wr tten notice o° termination to Sellar. Purchaser steal, have the right to Seek and enfOroe ail rights and fermedies available at law or in err tv': a contract )vendee, including the right to seek specific n :foty nce ofthis Agreement. 9.02 if the Purchaser has not terminated n#ated talis Agreement pursuant to any of the provisions authorizing in such termination, and Purchaser fails to close the transaction contemplated hereby Cr otherwise erw-ise fails to perform any of the terms. covenants and conditions of this Agreement as required on the part of Purchaser to be per'fo€med, provi.lec. (Seiler is not in default.. then as Seller's sole remedy. Seiler sl}al e'{:z'vp the :right d, terminate £ cancel£ t €i Agreement u p g.-b## t written notice thereof to Purchaser. whereupon one•I';&1; percent 0/s2°T4 of the purchase price shall be paid to Seiler as liquidated damages which shall be Seller's sole ATRUE COPY CERTIFICATION ON LAST PAGE HARVEY RUVIN,CLERK Ee?E.411'2CA":`.^ON NUMBER and exclusive remedy, and neither pally shall have any further liability or obligation to the otter except as set fort3n paragraph 12.01 . (Real Estate Brokers).e€s:. h re;;a. The parties acknowledge and agree that Seller's actual damages in the event of Purchasers dth uit are uncertain in amount and difficult to ascertain, and that said amount of liquix't.3sed dr rnrar;es was reasonably determined by r. t..tilat agreement between the parties, and said sum was not intended t?be a penalty in nature. 9.103 The parties t' dkr3•`.'ewtedge that the remedies ti ::...s..nbed herein dthe r, and r'# other provisions of this Agreement provide mutually s ati' actory and sufficient remedies to each of the parties. and take into account the peculiar risks an expenses of each of the parties X. SELLER'S AND PURCHASER'S REPRf..U..N A t'I IS AN12:N RR al T Ig 30.01 Seiler and Purchaser represent and war ant the following 10.011 i Seiler and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform ali tasks ks reriwred of each hereunder. Seiler is notr sir- r + the oi3a..yi:,.t of a �w?3C,ll.a#'.3, threatened or contemplated bankruptcy proceeding 10,012 Seiler has fullright, power. and authority to own and operate te th P 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 'iereby. All necessary authortaations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated ed hereby. At Closing, certified copies of such approvals shall bedelivered to Purchaser acid for Seller, if necessary. 8'.013 the warranties set forth in this paragraph ph shall be true on the date of this Agreement and as of the: date of Aosin�. Purchasers acceptance starcfot a deed to the said Property :shall riot 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 sents that it has no P:novriedq•e of any actions, suits, claims. proceedings. litigation or investigations pending or threatened against Seiler. at law, equity or n arhtration before or by any federal, state, municipal or other govereirriatntal :instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to tail the Pro f.uty to Purchaser.acCor+ inr 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 A TRUE COPY CERTIFICATION ON LAST PAGE HARVEY RUVIN, CLERK �:aX iC�L Nf F C.h'33{:2J k;,fiUi ii r: .v{..':Sr.%:,'• 4ii, .threatened which affects the Property Or which adversely affects Seller's ability to perform hereunder. nor Fs there any other charge or expense upon or {elated to the, Property which has not been disciosed to Purchaser in Writing N prior to the effet;:uve date of r . i 0..02 is Seller acknowledges and agrees that Purchaser ;s entering into this Agreement based upon Seiler"$ representations, stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property tw change from its existing state on the effective date of this Agreement up to and ;rictud.in€g the Date of /Osing. herefore, Seller agrees not to enter into any Contracts or agreements perfa;ning to or affecting the Property and not to de any ad or Omit to parfOrM any act wh€C`h would change the zoning car physical cio dit;onf thePropertyof then governmental ordinances or laws g"' ve". mq rnsame ..Se"iter also agrees to notify Purchaser • promptt; of any change in the facts contained in the foregt inq 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 ati€horities having jurisdiction of th development of the property which may restrict or change any other wndit on.art the Property. 18.02 Ott the Closing, Setter shalt deliver to Purchaser haser a statement te§ternn.,..'�t thereinafter'called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shaft survive the k tostrig. 10.023 Setter represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless tram any and all costs (including attorney's fees) asSeeted against, imposed on or incurred by Purchaser. directly or indirectly. rectty. Pursuant to or in connection with the application of any federal. �t�€�> local Or common taw relating to ;poltt:t€ort or protection of the environment which shall be in accordance with but. not :tarried to, the Comprehensive EriVi't>ntnenta: Response.. Compensation, and Liability bility Act of 1980. 42 .U.S.C. Section 9601, et seq ="tire•f CCA >r"Soperfun s" , which was amended and upgraded by the S ferf;und Amendment and � 19 ''�sf t��au�t,:rr�z�ti�� Act of f stat✓ (SARA"), {inC,'ii„rCfirrp any arnmendrrwnts or sut, ass r ;n function to these acts. This provision and the rights of Purchaser, hereunder, shell survive C osfng and are not deemed satisfied by conveyance of title. 10,024 Any toss andior damage to the Property between the date of this Agreement and the date of Closing s rale be :e 11 „er's solerisk � rrrd expense. Xt. NgTtcgs 11.0< �ry rft ce request demand. instruction or other Q'4 rr3r'r'i.rrnr r � < at:,?r3 to be given e n to £'tunerart' hereunder to L stic3tt be: in venting.r`gsent by facsimile ,„ifEth automated confirmation o: ref"ei0, or by registered. or certified mast.. return reser i :equesfed, postage prepaid, addressed as fof;ows: TRUE COPY CER11' RUNINLASTC LPAGERK tiARvEy CONSERVATION COLLIER INSTR 5624364 OR 5562 PG 488 PROPERTY IDENTIFICATION NUMBER 39957760008 RECORDED 10/15/2018 10:14 AM PAGES 2 Prepared by CLERK OF THE CIRCUIT COURT AND COMPTROLLER Jennifer BCounto.Assistant County Attorney COLLIER COUNTY FLORIDA Office of the County Attorney 3329 East Tamiami Trail Suite 800 DOC@.70$239.40 REC$18.50 Naples.Florida 34112-5749 (239)252-8400 CONS$34,125.00 WARRANTY DEED THIS WARRANTY DEED is made this °1 day of 2018, by ORLANDO V. BUENO, whose address is 501 SW 1St Street #507, Miami, FL 33130, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "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.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: THE WEST ONE HUNDRED EIGHTY (180') FEET OF TRACT 65, GOLDEN GATE ESTATES, UNIT NO. 65, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY IDENTIFICATION NUMBER: 39957760008 Subject to easements, restrictions, and reservations of record. THIS IS VACANT, UNIMPROVED, AND NOT HOMESTEAD PROPERTY. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. itytr,,tourrrYf'A CONMAtOtie AteltPITO E cYS$)Ct !y . €gAt4 TO N6Ft�A i ; ITEM Nos 1l� l4 CONSERVATION COLLIER PROPERTY IDENTIFICATION NUMBER. 39957760008 Prepared by INSTR 5624365 OR 5562 PG 490 Jennifer A.Belpedio,Ass'stars Carty Attorney Office of the County Attorney RECORDED 10/15/2018 10:14 AM PAGES 2 3329 East Tamiami Trait,Suate 800 CLERK OF THE CIRCUIT COURT AND COMPTROLLER Naples Ronda 34112-5749 COLLIER COUNTY FLORIDA (239)252-8400 REC $18.50 PERSONAL REPRESENTATIVE'S DEED -Eh THIS INDENTURE, executed the - day of 50- MSD-ee. , 2018, between MARGARITA C. COSTA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CLAUDIO COSTA, DECEASED, whose address is 501 SW 15t Street #507, Miami, FL 33130, (hereinafter referred to as "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). Subject property is vacant land and, therefore, not the homestead of the Grantor who resides at 501 SW 1St Street#507, Miami, FL 33130. WITNESSETH: The Grantor, as Personal Representative of the Estate of Claudio Costa, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, does grant, bargain, sell, alien, remise, release, convey and confirm to the Grantee, a Fee Simple Interest in the real property in Collier County, Florida, described as: THE WEST ONE HUNDRED EIGHTY (180') FEET OF TRACT 65, GOLDEN GATE ESTATES. UNIT NO. 65, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA_ PROPERTY IDENTIFICATION NUMBER: 39957760008 Subject to easements, restrictions and reservations of record. TOGETHER with all and singular the tenements, hereditaments, and appurtenances belonging or in anywise appertaining to that real property. TO HAVE AND TO HOLD the same to the Grantee, their heirs and assigns, in Fee Simple Interest forever. AND the Grantor does covenant to and with the Grantee, their heirs and assigns, that all things preliminary to and in and about the sale and this conveyance, the power of sale according to the laws of Florida have been followed and complied with in all respects. IN WITNESS WHEREOF, the Grantor, as the Personal Representative of the Estate of Claudio Costa, deceased, has set his hand and seal on the day and year first above written. AY fACCEP119tYTHE OLIN* CoTy C RMISSUMENS. 1uANT ro TY,AGEFLORIDA, 091T Dt 441p414_ ITEM NO. it:, �t Signed, sealed and delivered in the presence of: WITNESSES: (Signature) ARGARIT C. COSTA AS PERSONAL REPRESE ATIVE OF THE ESTATE OF L7loti e-4../444,;(../ CLAUDIO A. COSTA, DECEASED (Printed Name) C./ t17-7/----z / . (Signature) e my ,ev, tov4 (Printed Name) STATE OF P`0/1-1Qa COUNTY OF "4 i /iiieee /j his foregoing Personal Representative's Deed was acknowledged before me this 7 — day of ,Sx,o'e , 2018 by Margarita C. Costa, as Personal Representative of the Estate of Claudio A. Costa, deceased, who is personally known to me or has produced as identification and who did (did not) take an oath. K. ®RIA CARR:VFA„tAL .. MY COMMtSSICi,y; FF237862 (Signature of Notary Public) (affi bi Seal)CXPLR S Jure 04:` 1099 .- 44.4i4 e �� -� (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: Approved as to form and legality: I Jenn r A. Beipedio, ' istant County Attorney _SI `� ICY Pa' e7 fj C 4/12/2017 9:34AM FILED FOR RECORD worm Ni t.' m.tiNV.''74�'1i"�b44t.}u WAII,nn rut T ', ' fl.. !ti q ''�� I , ' 7er,ft1 , I STATE OF FLORIDA ,�..,.;.,i. M`r ��.. '• _ 4 (il THIS DOCUMENT HAS A LIGHT BACKGROUND ON TRUE WATERMARKED PAPER. HOLD TO LIGHT TO VERIFY FLORIDA WATERMARK. BUREAU of VITAL STA' ISTiCS - L '1 ° , ,,/� Y 1 Iti /y I �u.�y} 1.a- p 1 pI�� d¢ ,1 P ,.! z. •, '. ,! (1 ' '• Y. 4 U tl 'I1II 1I� t.YJ F` : / (� ,. 013.453 CERTIFI TFLOR DEATH0 f LOCAL FILE N0. • LAST 2.SE% _, fC� I DECEDENTS NAME FIRST M100LE 7 CLAUDIO COSH MALE r' 1 DATE OFDEATH(Mand.Day.11w) 4 SOCIAL SECURITY NUMBER Si.AGE•LastSImaay Sb.UNDER I YEAR �c.UNDER.I Day f { u (ties) 78 MOMne -Node I Meana ( i�rY_.I� -� SEPTEMBER 7, 2000 . ' . 1 p 7.BIRTHPLACE ICM and Stare a Wrsipn Cownryl 0 DECEDENT EVER IN U.S II 111,, III 6 DATE OF&RTNIMann.Day,Yea) - (4RMED FQpCEB?INMGr I�Ao) �• p I t1 I •. . 7r JANUARY 1,• 1922 TRIPOLI, LIBIA ;i� ,. - - 9b.INSIDE CITY LIMITS?fns M No) I� ' 4 9a.PLACE OF DEATH(Check wee one.sae mstrudions on other Wel 4. HOSPITAL._Inpatient _ER/Outpatient _DOA OTHER Nursing Horne _Residence -Otter(Spenlly) ` 9d.CITT,TOWN.OR LOCATION OF DEATH 9e O DEATH ` ) a 9c.FACILITY NAME ill nor+narilurktn,pave street and number! '• OCEANSIDE CARE CENTER MIAMI MIA1I AD s 12 SURVIVING SPOUSE In nth),pee maWae, 1n►) :I. !" .`1 II NM DECEDENT'S USUAL OCCUPATION tgb KIND OF BUSINESSnNOUSTRY 11 MARITAL M nedSTAWa-owed. d. �u'ilr III : - 1 t 0lvaaa(SiacA1') �' _ COACH NATIONAL CYCLING MARRIED LUZ BITENO ,_� ? Y - w ! t30,STPEET AND NUMBER Ma RESIDENCE-STATE 136 COUNTY 13c CITY.TOWN,OR LOCATION ;�, ^� .✓:_ � . : FLORIDA MIAMI-DADE ; MIAMI BEACH 345 OCEAN DRIVE #71$ 3 C) C)3 Z T 53e INSIDE CITY 131 ZIP ODE 14.WAS DECEDENT OF HISPANIC OR HAITIAN ORIGIN' IS RACE-Amea can Indian. lb DECEDENT'S.SOUC)TIION 0 Or(TI n No a Yes-K yea,spec*Heinen,Cuban. Mace,WNta.etc (SSM un)' a!EfadeOO''^P ., d.,r 73 O -I LtMt7ST(spa Pp (Sv!t7 !L - • y (f1 x :O A, -" Mutate.Puerto AKan,arc.! Na Yes - Specilp EMe1ea'k9' I o •WHI"TE 0.to . ''4s I o ' O o a' YES 33139 s o " o Q e 18 MOTHER'S NAME(F.SI.Modle.Maiden Surname} .. 17LLI .FATHER'S NAME(Fier,MWoe Wry f Z m 0 co a GIOVANNI B. COSTA Il ROSALIA GUCCIONE , c = 2 0, cc 19s INFORMANT'S NAME(T ypNPme) 190 MAILING ADDRESS(Street and Number or Aunt Route Number•GN Or ibwn,State,Zip Code) -I _ ` 77 0 Ui . LUZ COSTA 345 OCEAN DRIVE ##718 MIAM BEACH. FLORIDA 33139: m c0i Q Ch C 00 IJ OC 2tH METHOD OF DISPOSITION 206 PLACE OF DISPOSITION!Name of cemetery.cremawry a 20c.LOCATION-Gly a Town State 0 11 O aner place) a n _ _ SIAM X Cremation r Removal Porn Stale WABCO CREMATORY FT. LAUDERDAL•E, 'F�QRIDA D c A p _Dawatl -.opl.r(SPecMI. CC 21,SIGNATURE OF FUNERALSERVICE LICENSEE OR 216.LICENSE'NUMBER 21c.NAME AND ADDRESS OF FACILITY W - PERSON ACTING AS SU rot L censeel ALL CARE FUNERAL HOME & CREMATORY .: J 2267 SOUTH UNIVERSITY DRIVE o C) Q � 3351 FT. LAUDERDALE, FLORIDA 33324 a reiTb Ins beer of my a earn•,cited at the hme.• 'e aid due W the rc 23s.On 11M Dies of aeammatwn sdnObr lanwC a'i my opinion r el O N LL z �,r meaoe er, LZS aunts)and stated 1Y \ 0,1141161! A-� $� (5' Pn'e O p (SI•nature TN`, IO�....J < 23b.DAT"-• . 23c HOR oti:DEATM it 22b.DATE SIGNED(Mo.Op.Yr) 226 HOUR OF DEATH x O� n,6 SEPTEMBER 8,f 2000 5:15 A M - floe•'/ o L y E- 23d.Mr LE fl G- r 4r Spi: 22d.NAME OF ATTENDING PHYSICIAN iF OTHt7,I EtTNiFi (;. ?t! ) ;0 it ' m $ 24 NAME AND ADDRESS OF CERTIFIER(PHYSICIAN Itt))CAL EXAMINER)(1 p Prmq §_ .� ^`••0) y Yk,� DR. SCOTT R. ENGLISH M.D.' F SUO N'.Ft:,9 $t'rD`AVENUI ESTE, 204 MIAMI 4 e, '. �,a,n, LS}RAR-SIG ATURE 25d DATE REGISTERED I'• 25a SUBREGISTRAR-SIGNATURE AND DATE g. .� ?' ��/ sG 110 -, q I .� ,�A! h and ctat'�.eel IIIb;lily, 1, : 20------• jth- toilt2°I1/2--57/ . -: .--..1.. xi .. II„1,,,,i, I I t rDeputy Clerk r A: 31TV II IlS , ,State Registrart „. x 0 C0il� U ` • , � r80 .' h4 x l � � Fr - t d f OTHE ABOVE SIGNATURE CERTIFIES THAT T}9$IS A TRUEANCOT EFICIAL RECORD ON FILE IN THIS OFFICE. THIS DOCUMENT IS PRINTED OR PHOTOCOPIED ON SECURITY.PAPER WITH WATERMIAIS OF THE GREAT I. Ii l I ill WARNING:'' r- SEAL OFMARKS. THESTATE OF FLORIDA.DO NOT ACCEPT WITHOUT VERIFYING:THE PRESENCE OF THE WATER- I,I I�i `h, TH RMObHROM CUMENT FACE FL.THE BACK COTAINS A NTAINS S SP CIAL UNES WITH T THE pOCCU ENT IORED BACKGROUND,GOLO LL NOT ED P�t3PDUCE' / .: iI III A COLOR COPY. - #` • :'' I II IIIIIIIIIIINIIIIIIIIIIIII� �':. 4CERTIFICATION OF VITAL RECORD .t i ITru '•,,,,‘.....,[7:., : t: d ' 4�F1:�__.,.•.; Lwn * 3596931 - r Filing # 52486686 E-Filed 02/14/2017 03:28:56 PM IN THE CIRCUIT COURT OF THE l IT[ JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,T Vii',FLORIDA IN RE: THE ESTATE OF PROBATE DIVISION CLAUDIO COSTA, CASE NUMBER: a®1 °-- C 3 C 0 t Deceased. PETITION FOR ADMINISTRATION . (Intestate Florida resident--Single Petitioner) Petitioners LUZ COSTA,allege; 1. Petitioner has an interest in the above estate as daughter of the Dcedent. Petitioner's address is 4215 Ibis Club Drive,#114, Naples,FL 34104,and the natrie and.office address of petitiOnefs attorney are set forth at the end of this petition. 2. Decedent, CLAUDIO COSTA,whose last known address was 345 Ocean Drive, #718,Miami Beach,FL. 33139 and,if known.,whose age was 78 and whose social security nu t: is XXX-XX-7023 died on.September 7,2000 at Miami,Dade County,Florida and on the date of death decedent was domiciled in Miami-Dade County,Florida. 3. So far as is known,the names Of the beneficiaries of this estate and of the decedent's surviving spouse,if any, their addresses and relationship to decedent,and the dates of birth of any • who are minors,are: NAME ADDRESS .RELATIONSHIP DATE OF BIRTUI (if Minor) Luz.Costa 8215 ibis Club Drive,#114 Surviving Spouse Naples, FL 34104 Margarita C,Costa 230 N.E. 82 Street Daughter Miami,FL 33138 A^[V:C°71 ST PAGE INSTR 5624359 OR 5562 PG 466y�Rvr�� RUV�N�CI'� RECORDED 10/15/2018 10:14 AM PAGES 2 vi CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$18.50 • 4. Venue of this proceeding is in this county because the decedent resided and died in Miami Dade County,Florida. 5. MARGARITA C. COSTA,whose address is 230 RE. 82 Street,Miami,FL 33138, and who is qualified under the laws of the State of Florida to serve as personal representative of the decedent's estate is entitled to preference in appointment as personal representative because the surviving spouse of the decedent has Siped a Waiver and Consent to her appointment. 6. The nature and approximate value of the assets in this estate are: 50%interest in proper 'ih Collier County,Florida 7. This estate willrwill not be required to file a federal estate tax return. 8. After the exercise of reasonable diligence,petitioner is unaware of any unrevoked wills or codicils of decedent, and there are no domiciliary or principal proceedings pending in another state or country. . Petitioner requests that MARGARITA C.COSTA be appointed personal representative of the estate of the decedent. Under penalties of perjury,I declare that I have read the foregoing, and the facts alleged are I true,to the best of my knowledge and belief ,` Signed on ... .2.4.2.4.1i../AZ.,/ ... 3 9 ,2017. / ,77 .7-.)./i W.--***'* RICHARD V. GRAY,£:SQUIRE '\---''' 1112:CO A Florida Bar Number: 218898 � ;�;>( �North Kendall Drive,Suite 3t3.5 Sr 5 FIN'''. . T C " Miami, Florida 33156 ,l° EREBYCC!i'lxY .k tO; � 4 E �e u Telephone: (:�(�5}�?�t.36+51 onginz�on he i,� ,� E � ,� -� --___---•;. ... .. 1, CM .u, , J ) , . SERYL LEWIS j 4/11/2017 9:35 AM FILED FOR RECORD i i I IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA PROBATE DIVISION E-4 IN RE: ESTATE OF: CLAUDIO COSTA Case Number: 2017-632 CP 02 Deceased. Format Must Be YYYYNNNNNN@@02 where @@ is GD,MH or CP Section: LETTERS OF ADMINISTRATION (single personal representative) TO ALL WHOM IT MAY CONCERN WHEREAS, CLAUDIO COSTA a resident of Miami-Dade County, Florida , died on 09/07/2000 ("Decedent"), owning assets in the State of Florida, and WHEREAS, MARGARITA C. COSTA has been appointed personal representative ("Personal Representative") of the Decedent's estate ("Decedent's Estate") and has performed all acts prerequisite to issuance of Letters of Administration in the estate, NOW,THEREFORE, I,the undersigned circuit judge,declare MARGARITA C. COSTA duly qualified under the laws of the State of Florida to act as Personal Representative of Decedent's Estate, with full power to administer the Estate according to law;to ask,demand, sue for, recover and receive the property of the Decedent;to pay y the debts of the Decedent as far as the assets of the Estate will permit and the law directs; and to make distribution of the Estate according to law. These Letters of Administration are subject to the following restrictions: • This Estate must be closed within 12 months, unless it is contested or its closing date is extended by court order. • These letters do not authorize entry into any safe deposit box without further court order. • The Personal Representative shall place all liquid assets in a depository designated by the Court pursuant to mormz xi o m the Section 69.031, Florida Statutes("Depository"). This is a frozen account. No funds can be withdrawn without jr130xi mXA ,, a court order. o � -nmni trs 0 - w • Attorney of Record shall file Receipt of Assets by Depository within thirty days from the issuance of these letters. Zm- -1 0 O • These letters do not authorize the sale, encumbrance,borrowing,or gifting of any Estate assets without a special -< N en o c-, N court order. vo q ci • If Florida real estate is sold, per court order, a closing statement shall be filed, and the sale's net proceeds shall ' be placed in the Depository. - co z v • Inventory shall be filed within 60 days. S t Or rtORIDA 0 m It',t;tYOF D,'T (t and CountyCourko �4 Oto ,, , . ,"• 10,0ev. •1 within and foregoing .4.94 ,, ii�/1 i ✓ .,E,,v .ri�ing0f/'►appears on .cif �� Alr__ ORDERED on this ( ( day of �I� Cou '��''�r'�"��r � , in7.of thta Circuit Coon de O ";' '' s In full woe and eifgct. r , •00»+'a and�h`t; ^.Inuit Court at Miam \ �a ;' 'iami ti. 'I y ,1�rvc�s my hared and aaaf of the�- IILtS rn rd day of_._ __ ii/ x r• Page 1 of 1 sof Administration(Single Personal RaDreaenlatMh''14' ------7— sd;05/012014 A.p.2D — eircait&oua, " lilt 1 1 liy_.. Deputy Clerk Circuit Court CHERYL i_FVVIS Filing # 72569666 E-Filed 05/23/2018 02:29:40 PM i 1w1t',ffidav`f f'4 PFCr£4£23"„t.3`; i ..<ow>.......-=,....,......:,.....--„, Yd 0.100 i for deCeti,nts dying on or utt%.(3inoaty I,2£0D) { OF 8EVENU.. INSTR 5624361 OR 5562 PG 469 RECORDED 10/15/2018 10:14 AM PAGES 1 . CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$10.00 (tt}`•S.si:trim zwittattte far C ...^style of estat,pro531:::iocevrtit:.. ritut ft e e STATE Oft :'£3i:iii; 7� coufsfrY O Miami-Daae €;.the fas d'r>goc AY.cs,.;{`„ttrxu C.Costa' d•he.eby St'ite; torr r i r," #f ersc al ret,rfit,�ritV!? 3, I d;it the Personal n...-.p eSe:l.'sttive as defined io s. f 9f.i.O i or s.731.301,I'€o id.a St stiileie(f.S.)..as the..nr,'{3 rray be, or the Etitet£3 of ,.......‘,..14-11.11,,11..t... A,c..t~4,k t prUs{rcyr;v tt o<.ci"i'i-i) 2. T€:8 Lii:CeCi,ent referenced above,whose Social Security YYumb£:r le w . 'RX,-7023 . - ,died OR...02J 07 i.00 ,a.nd was domiciled,no d£.firit d in s.'98 015,KS.,a.t to irnee of death in the state of Florida_ . _ On date of death,fhe.der;ecteot was( heck ore): Ste. a U.S.citizen (,f LIDI a t,.L a.citizen i. A<,-ider.i estate t1.0i..at:.,:•tiedeiat Form 0?:ce 70S-NA)is not required to be filed for the estate. 4.. 1.68 rit£{te 4:308$o,i1 owe-Florida estate tax pursuant to Chapter 193,F... 5. i acct. wi 3ge personal tiafbitt y for distribLeiun in whc)o'of in par:e1 any of the Estate by having obtained release of such p sn£et y from the Ii-en Of the:r ji)rid`e estate tas. • trode;per:iiiies tlf fserfi.t;y,i declare that t have read this Affidavit vit and that the feets stated are true. 19 e f { Signature; ,d."1/.421/ • ,,,„,/ _ print Narnir garil t.C :osta mailin.g tddreu8:dO Ri:.,ha'ii Vr faf E t 's,�77GP Fvl3rL,.3..KI?.taitt Suite 305.Miami,,Fi,. ' ' 1's€ :hone:,��e(6 .4r4i 01Iti': _1111. 1111 Florida S1'ATt or, €lori f:.. ... .. .. .. ..: t E..1Y OF Miait't- ade q ,Sweat to(sir rr,ff�`nag)and s itis '`c. 5•efo e roe b} Mar"ar3t`rt C Costa_1111... •i ` . ._.._.. y..,+:: 1 c? - . r! p •Y ! i n :ft0;f Nrl°-J. .ei OrProduced i< ;theati'". ,, e ' 'Type t identificationf xetr3a.f - ) L,,, ,'.� � _ . r 8 l , • otigui u - , y *lc teiti44 Reda . s C ttisot t#1181101)21 �- :::: e ! { ` . t : ,Etfe:.,:. 12;1O1 •. Filing # 72569666 E-Filed 05/23/2018 02:29:40 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,FLORIDA. N RE: THE ESTATE OF PROBATE DIVISION CLAUDIO A. COSTA, CASE N(:).: 2017-00632 CP 02(01) Deceased. PETITION FOR ORDER AUTHORIZING SALE OF REAL PROPERTY COMES NOW Petitioner,MARGARITA C. COSTA,Personal Representative of the Estate of CLAUDIO A. COSTA,by and through undersigned counsel, and requests the Court tc m p 12m N jCZ2A73 �„ enter an Order authorizing the sale of the decedent's real property,and as grounds would show: ,•173 o m N 1. That the only asset of the estate consists of a 50% interest in vacant land with no Z m 0 „no ,. o street address, located.in Collier County,Florida,Parcel identification#39957760008,and legally c xis, 009 -0 D 0 P o described as: -D { oo The West. 180 Feet of Tract 65,Golden Gate Estates Unit NO. 65, z m According to the map or plat thereof,as recorded in Plat Book 5, o Page 88,of the Public Records of Collier County,Florida. g 0 2. It is expedient,necessary and in the best interest of the estate, and those.interestec m in it,that the described property be sold.in order to avoid payment of taxes and expenses of the property and so that the money from the sale can be placed in the estate account. 3. Petitioner has received a signed Contract for Sale,conditioned upon Court • approval,to purchase the property for the sum of$34,125,00 from Collier County,a Political Subdivision of the State of Florida, and for the terms set forth in the Contract for Sale and Purchase attached hereto and marked as Exhibit"A". Said contract is for the fair market price, and is an arm's length transaction. TRPY CER7IFICAtiON ON LAST PAGE HA UECORUVIN, CLERK 4. The only persons other than Petitioner having an interest.in the proceeding and their addresses are: Luz Costa, the decedent's surviving spouse, 8215 Ibis Club Drive,#114, Naples, FL 34104, all of whom have either filed with the Court their written Consent and Waiver of Notice of Sale of the Property described in Paragraph 1, or have been served notice of this Petition. WHEREFORE,Petitioner requests that an Order be entered authorizing the sale of the described property, upon the terms and conditions set forth above, and further authorizing . Petitioner to execute all instruments necessary to effectuate such sale: Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true,to the best of my knowledge and belief. The undersigned certifies that a copy of this Petition and any attachments have been furnished via U.S. mail to: Luz Costa, 8215 This Club Drive,#114,Naples,FL 34.104 this iK day of May, 2018. 41/6/1/1 • RICHARD �. GRA '; QUIRE MARGARITA C. 7OST.A Florida Bar Number: 218898 7700 North Kendall Drive, Suite 305 Miami,Florida 33156 Telephone: (305) 441.-0661 A TRUE COPY CERTIFICATION ON LAST PAGE HARVEY RUVIN,CLERK CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39957760008 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ORLANDO V. BUENO AND MARGARITA C. COSTA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CLAUDIO COSTA, DECEASED, whose address is 501 SW 1st Street #507, Miami, FL 33130, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH 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 in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser 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 of 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 in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Thirty Four Thousand One Hundred and Twenty-Five Dollars and 00/100 dollars ($34,125.00), (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 one hundred and twenty (120) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Manager of the Real Property Management or designee is authorized to enter into such mutual written agreements on behalf of the County for extensions of up to an additional CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39957760008 60 days without further approval by the Board of County Commissioners. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, 8th Floor, 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 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A wire transfer or negotiable instrument 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, 2 0 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER:39957760008 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 also 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. 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, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) 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. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 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 seven (7) 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 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a 3 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER:39957760008 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 referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, 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 Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) 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. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 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 V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and 4 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER:39957760008 environmental and soil testing results commissioned by Purchaser with respect to the Property. 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 2017 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, Purchaser 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-half percent (1/2%) 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, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual 5 0-\ CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39957760008 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 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, 6 40 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39957760008 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. 7 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER:39957760008 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 facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 8 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39957760008 3300 Santa Barbara Blvd. Naples 34116 With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112 Telephone number: 239-252-8917 Fax number: 239-252-8876 If to Seller: Margarita C. Costa 501 SW 1st Street #507 Miami, FL 33130 11.02 The addressees and numbers 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. XII. 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. 9 0 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER:39957760008 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. This Agreement is subject to fund availability and future appropriation. Should the funds not be available or able to be used prior to closing the Purchaser or Seller may immediately terminate this agreement without any payment of any kind to Seller. 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. XIV. 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 io 0 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER:39957760008 and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC:) - 4.ex-1 ), ,Z of AS TO PURCHASER: 01,eortela, lie/in ) ) `r DATED: 9� t L'L IS ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COU Y, FLORIDA r ,fr/ bOa' o�i, BY: i_ Attest S it _` ' 'uty Clerk A'D SOLIS, Chairman signature only. ,‘ - Approved as to.form andwegality: R ' Jennife A. Belpedio, Ass ant County Attorney Cy' ‘ 11). c6 11 0 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER:39957760008 AS TO SELLER: WITNESSES: o1e Witness#1 (Signature) SPrcQves t•EAhisN'cV Witness#1 (Print Name) ORLANDO V. BUENO Witness#2(Signature) DE 5v5 Ro5A>• Witness#2(Print Name) WITNESSES: Witness#1 (Signature) GE 0 E i PACE Witness#1 (Print Name) MARGARITA C. COSTA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CLAUDIO COSTA, DECEASED Witness#2(Signature) Witness#2(Print Name) 12 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER:39957760008 AS TO SELLER: WITNESSES: Witness#1(Signature) c...E P2 toR, pAG Witness#1 (Print Name) ORLANDO V. BUENO Witness#2(Signature) Witness S2(Print Name) WIN-;SES: deL #1(Signature) 1411Zr A s4 re Witness al(Print N me) M ARITA C. COICC,idfk CiRSONAL REPRESENTATIV OF THE ESTATE OF CLAUDIO COSTA, DECEASED = WItri .11111.)1 15t_)fri-v TACk Witness#2(Pr)nt Name) 12 L.) CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 39957760008 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39957760008 LEGAL DESCRIPTION: THE WEST ONE HUNDRED EIGHTY (180') FEET OF TRACT 65, GOLDEN GATE ESTATES, UNIT NO. 65, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 88 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 2.73 Acres 13