Parcel 117
PROJECT: 65061
PARCEL: 117
FOLIO: 36666880007
PURCHASE AGREEMENT
THIS PURCHASE AGREqMENT (hereinafter referred to as the "Agreement") is
made and entered into this d.. day of (~ ' 2005, by and between
Virginia Martin, a single woman, whose mailing address is 12217 SW 132 Court,
Miami, FL 33186, (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 a fee estate in that land described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement; 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
Property.
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 $23,560.00
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, payable by County Warrant, 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
$23,560.00 to Midwest Title, as settlement agent for the disbursement of
proceeds incident to said sale and conveyance of the Property.
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 t~lat l:1cisfcre Closing shall .:·CCUí 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
County Warrant 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. In
accordance with the provisions of Section 201.01, Florida Statutes, concerning
payment of documentary stamp taxes by Purchaser, Owner shall further pay all
documentary stamp taxes required on the instrument(s) of transfer.
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.
12. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Purchase Agreement
Page 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this day of ,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. 10F, Date 5/25/2004
AS TO PURCHASER:
DATED: ç- J& - D S
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,¡)C
BY: ~W. ~
Fred W. Coyle, Chairman
, De uty Clqrk
Attest IS to C a1r.an s
s1patwrt GAl,.
AS TO OWNER:
~::
DATED: do' . d<»5
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L2.i-. .' ~ kL
Virginia ~
Witness (Signature)
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ess ( Ign
Vctvl' c- t ~va fer-
Name (Print or Type)
Approved as to form and
legal sufficiency:
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Ellen T. Chadwell
Assistant County Attorney
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Purchase Agreement
Page 3
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5TH AVE. N.W,
GOLDEN GATE ESTATES
UNIT NO. 2
P.B, 4, PAGE 75
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LINE
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L62
LINE TABLE
LENGTH
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TRACT _________________
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BEARING
S89'31'28"W
NB9'31 '28"E
LEGAL DESCRIPTION
A portion of the South 150 feet of Tract
111 Golden Gate Estates Unit No.2,
Plat Book 4, Pages 75-76,
Collier County, Florida, being more
particularly described as follows:
Beginning at the Southeast corner of
Tract 111; thence S.89'31'28"W. along
the South line of Tract 111, a distance
of 55.00 feet; thence N.OO'28'32"W., 0
distance of 150.00 feet to its
intersection with the North line of the
South 1 /2 of Tract 111; thence
N.8S·31'28"E. along said North line, a
distance of 55.00 feet to its intersection
with the Easterly line of Tract 111;
thence S.00'28'32"E. along the East line
of Tract 111, a distance of 150,00 feet
to the POINT OF BEGINNING.
Containing 8,250.00 square feet or
0.1894 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, reservgtions and
restrictions or record.
4. Easements shown hereon are per plat, unless
otherwise noted.
5. ROW represents Right-of-Way.
6. P.O,B. represents Point of Beginning.
7. P.D.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.
f!oc1.i. ~(FOR THF RRM)
FLORmA LlC.· NO. 5834
q-17 -0 ,
N
. (DATE SIGNED)
NOT VALID WITHOUT THE SIGNATURE AND THE
ORG/NAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
PROJECT NO.: 65061 PAACEL NO. : 11 7
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S"p 16, 2003 - 13:28:27 MlAMURE!X:\SUR\N8015\951Bd100.dwg
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GRAPHIC SCALE
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200
COLLIER COUN7Y DEPARTMENT
OF TRANSPORTATION
SKE:TCH de DESCRIPTION
09/2003
PROJECT NO.:
N6015-005-000
SHEET NUMBER:
117 OF XXX
FILE NO.:
2L -812