Lena - Agreement
1603
PROJECT: Bayview Park Addition
FOLIO NO: 13400240004
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this ~ , day of "'D-eCJC..... ~/" , 2004, by and between
ANDREW LENA and ANNE LENA, ~1Usband and wife, as joint tenants with full rights of
survivorship, (hereinafter referred to as "Owner"), and the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, whose mailing address is 3301
Tamiami Trail East, I\!apie~'), Florida 34 í i ¿, and assigns (f¡ereinafter referred IO as
"Purchaser");
WHEREAS, Purchaser requires a fee estate in that land described as follows
(hereinafter referred to as the "Property");
Lots 49 & 50, NAPLES BAY VIEW SUBDIVISION, located in Section 22,
Township 50 Range 25 of the Public Records of Collier County, Florida.
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.
Owne" Sh.8!! con'/ev the Prooertv to Purchaser for the sum of $20,000.00. payable
. ..
by County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment 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.
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.
This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; 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 Own,::;r shal! deliver the
conveyance instrument to Purchaser in a form acceptable to Purchaser.
2.
3.
A
-r.
COn\/8:,'ancc cf tho Property by O'.!vncr :~ cont:ngent upon no ether prov!s!onsJ
5.
conditions, or premises other than those so stated herein; and the 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.
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.
1603
Purchase Agreement
Page 2
6. Purchaser shall have thirty (30) 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 purpose.
If Purchaser is not satisfied, for any reason whatsoever, with the results of any
investigation, Purchaser shall deliver to Owner 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
Owner 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 Section shall be deemed waived.
7. 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 lavvsuit, proceeding or
'-"/e~"j"'~""I- r-ga~,.J:"·g ~h-" -c ~~r··t:~.'\ ~;~~~,.,.,... ~~,-"'tn"'c""'~ <:-,....:11 f"\~ tr"'''''<:-fCf n.f
III v ;:)ll~al:V I t:;;! IUIII lilt:;;! !:ll;1I1J a IV", ;:)lVla~,;, l:';;,:,.. ;,,,,I'l, ....¡-.;" ~: . i:O"o,J '" "',
hazardous substances on the Property. This provision shall survive Closing and
is not deemed satisfied by conveyance of title.
8. 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 7. This provision shall survive
Closing and is not deemed satisfied by conveyance of title
9. The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated
with securing from mortgagee(s), and recording in the public records of Collier
County, Florida, such full or partial release(s) or satisfaction(s) as are necessary
to convey a clear and marketable title to the Property. The cost of a title
commitment shall be paid by Purchaser.
i O. ïhis Ãgreement and the terms and provisions hereof shail be effect¡v\3 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.
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
1603
Purchase Agreement
Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ~ \ day of ~ ~"'^ iou" , 2004.
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED: l~·~,.o'i
ATTEST:. .l1011'" ".
DWIGrlt .E-.'BÞro~, -Clerk
" .' .,;--'" ~~)
~ ~'i '.. ¡:~"
," . ->t. j'~' \..";-' ".;;' IJ C
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;A,~~~~~9{~.lf~ ç~erk
st"I~~~JJ'~
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BOARD OF COUNTY COMMISSIONERS
COLLIER CO NTY, FLORIDA
BY: ~ d~
DONNÄ FIALA, Chairman
AS TO OWNER:
DATED:
¡J
q~~
ANDREW LENA
. ness (Siçm.atur
ame: &'Ív\ p fV\)( ),j
(P¡-¡nt Oi TYPG)
~oo R~deK
Witnes~ureJ... ,
Name: ~ e. (K\ c\0.
-
(Print or Type)
R
. ness ~natu~~ .
ame: chA r. "'h" otJ
(Print or Type)
fL) ¿
'7" ~ ~
ANNE LENA-
c2ì D ~L"S]-,
Witness (Signature) ~
Name: ~;- Ct 't::::.a vI ~
(Print or Type)
Approved as to form and
legal sufficiency:
Item# \~ b 3
Agenda 12..1~-t>4
Date
Date \'2. .. zl.. ~
Rec'd
fbÁ-V~
"ELLEN T. CHADWELL
Assistant County Attorney