Terra Homes - Agreement
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between TERRA HOMES, INC. a
Florida Corporation, whose mailing address is 3813 Clipper Lane, Naples, Florida
34112 (hereinafter referred to as "Seller"), and COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples,
Florida 34112, (hereinafter "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain 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, 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", together with all rights,
privileges, tenements, hereditaments and appurtenances pertaining to the land
and all buildings, structures, and other improvements now and hereafter situated
upon the land.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be One
Million One Hundred Fifteen Thousand Dollars and 00/100 ($1,115,000.00), (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 thirty (30) days after
Seller has provided clear title, unless extended by mutual written agreement of the
parties hereto. The Closing shall be held at the Collier County Attorney's Office,
Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure
to be followed by the parties in connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Propert/, f(68 ai-I,-j (;Iaar or a:i ncri3 &ilj ~:1Ci,,;liibrD.nces cthG~ thun:
(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
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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.
3.0115. Such other documents as required by the title agent for
purposes of removing any claim of construction liens as an exception to
the title policy.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to issue the Owner's title policy to
Purchaser in accordance with the commitment.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser. The cost of the title commitment shall 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 AL TA Commitment for an Owner's Title Insurance Policy
(AL TA 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 lile tiUe unmarketabie, Purchaser shaii deiiver 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
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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 Purchaser shall have the option, at its own expense, to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Florida.
No adjustments to the Purchase Price shall be made based upon any change
to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish
any existing surveys of the Property, if any, to Purchaser within thirty (30) days
of execution of this Agreement.
V. APPRAISAL PERIOD
5.01 Purchaser shall be in receipt of the two (2) required appraisals in order to
determine the value of the Property pursuant to the requirements of Florida
Statutes 125.355 prior to the Agreement for Sale and Purchase being submitted
to the Board of County Commissioners.
5.02 Seller acknowledges that if the agreed Purchase Price stated in Paragraph
2.01 exceeds the average of two (2) independent appraisals, if obtained, the
Purchaser is required to approve the purchase by an extraordinary vote. If such
vote is not obtained, then this Agreement shall terminate and the parties shall
bear their own costs.
VI. INSPECTION PERIOD
6.01 Purchaser shall have completed all inspections with favorable results prior to
the Agreement of Sale and Purchase being submitted to the Board of County
Commissioners.
VII. INSPECTION
7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VIII. POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at Closing.
Seller agrees to deliver the property and improvements thereupon in clean
condition, free of construction debris and in good working order.
IX. PRORATIONS
9.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2003 taxes, and shall be
paid by Seller.
X. TERMINATION AND REMEDIES
10.01 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 oi written notification or 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.
10.02 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,
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Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon $50,000.00 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 13.01, (Real Estate Brokers), hereof. The parties acknowledge and
agree that Seller's actual damages in the event of Purchaser's default are
uncertain in amount and difficult to ascertain, and that said amount of liquidated
damages was reasonably determined by mutual agreement between the parties,
and said sum was not intended to be a penalty in nature.
10.03 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.
XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
11.01 Seller and Purchaser represent and warrant the following:
11.011 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.
11.012 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.
11.013 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.
11.014 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.
11.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
11.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
without first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever.
11.017 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
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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.
11.018 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.
11.019 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.
11.020 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.
11.021 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.
11.022 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.
11.023 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.
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11.024 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.
11.025 Seller agrees to cease all marketing and development efforts relating in
any way to the Property during the term of this Agreement, including, but not
limited to, the termination of any listing or real estate marketing agreements
and the cessation of all permitting and construction activities. Any
enhancement or improvement to the Property created by Seller after the
effective date of this Agreement shall be at Seller's sole risk and expense.
The Parties agree that Purchaser will not be required to pay for any increases
in value enjoyed by the Property during the term of this Agreement.
XII. NOTICES
12.01 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 transmission, or sent by registered, or certified mail,
return receipt requested, postage prepaid, addressed as follows:
If to Purchaser:
With a copy to:
If to Seller:
With a copy to:
With a copy to:
Sharman Veger
Real Estate Services Department
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Fax: 239 774-8876
Telephone: 239 732-2622
Ellen T. Chadwell
Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Attn: Franz Steppuhn
Terra Homes Inc.
3813 Clipper Lane
Naples, FL 34112
Fax: 239 450-7124
Telephone: 239 513-9840
Timothy J. Cotter P.A.
599 9th St North #313
Naples, FL 34102
Garry Lahey, PhD.
4980 Tamiami Trail North
Naples, FL 34103
12.02 The addressees and addresses for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, uniess <:nd until such written notice is received, the iast
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
XIII. REAL ESTATE BROKERS
13.01 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
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pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
XIV. MISCELLANEOUS
14.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
14.02 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.
14.03 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.
14.04 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.
14.05 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.
14.06 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.
14.07 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.
14.08 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.
14.09 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.)
14.10 Seller hereby guarantees that construction of both houses located on Lots
52 and 55 shall be completed with Certificates of Occupation issued prior to
closing. Houses will be clean and free of all construction debris as of Closing.
14.11 T;lis Agreement is governed and construed in accordance with the laws of
the State of Florida.
XV. ENTIRE AGREEMENT
15.01 Offer and Acceptance:
This offer is revoked if not accepted, and notice of acceptance given to Terra
Homes, Inc. by 5:00 p.m., May 12, 2004.
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15.02 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
IN WITNESS WHEREOF, the parties hereto set forth their hands seals.
Dated Project/Acquisition Approved by
BCC:
AS TO PURCHASER:
DATED: ~ - \ \ - G'-\
ATTEST:",' <.l.....P~. ",
DWIGHT E.~U0RI)~~I~Xk
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BOARD OF COUNTY COMMISSIONERS
COLLIER OUNTY, FLORIDA
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BY:
Donna Fiala, Chairman
AS TO SELLER:
DATED: OS.aG. ~OLf
Terra Homes, Inc. a Florida Corporation
WITNESSES:
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(Signature)
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( ignature)
BY:
teppuhn, President
813 Clipper Lane
Naples, FL 34112
f[~ tf)6!op! Or
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(Printed Name)
Approved as to form and
legal sufficiency:
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tllen T. Chadwell
Assistant County Attorney
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Urkundenrollen-Nummer:
120/2004
Umstehende, vor mir geleistete Namensunterschrift des mir personlich bekannten
Herrn Franz S t e p p u h n , geb. am 27.03.1941,
wohnhaft Am Berggarten 6, 63517 Rodenbach,
beglaubige ich hiermit.
Der Notar fragte nach einer Vorbefassung im Sinne des 9 3 Abs. 1 Nr. 7 BeurkG.
Diese wurde von dem Beteiligten verneint.
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P ters, Not
Hanau. den 09. Juni 2004
Kostenrechnung: Wert: EURO 900.000,--
Gebfihr gema8 99 32. 45 I KostO
(Unterschriftsbeglaubigung ohne Entwurf)
16 % Mehrwertsteuer
Sum me:
EURO
EURO
URO
130,--
20,80
150,80
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P ters, Notar
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EXHIBIT A
Lots 54, 55, and 56, Naples Bayview Addition No. I, according to the plat thereof,
recorded in Plat Book 4, Page 20, and as described in that certain WaITanty Deed at O.R.
Book 3039, Page 1779, of the Public Records of Collier County, Florida,
And
Lots 52 and 53, Naples Bayview Addition No. I, according to the map or plat thereof, as
recorded in Plat Book 4, Page 20, and as described in that certain WaITanty Deed at O. R.
Book 3330, Page 2094, of the Public Records of Collier County, Florida,
And
Lot 48 and 49, Naples Bayview Addition No.1, according to the plat thereof, recorded in
Plat Book 4, Page 20, and as described in that cel1ain WaITanty Deed at O.R. Book 3032,
Page 457, of the Public Records of Collier County, Florida.
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PROJECT: Bayview Park
PARCEL: 48,49,52,53,54,55,56
FOLIO: 61381240007, 61381280009, 61381360000,61381360107, ~;381400009,
61381400106,61381400203
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Prepared by:
Ellen T. Cha~", Esquire
Off i~ p ,,,. the County Attorney
33(:) r.',~ TaAliaai Trail
Maples, Florida 34112
(941) 714-8<<)0
WARRANTY DEED
THIS WARRANTY DEED is made this 12. day of .-JuQy
2004, by TERRA HOMES, INC., a Florida Corporation, (hereinafterl referred to as
"Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples,
Florida, 34112 (hereinafter 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:
See Attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
This is NOT Homestead property
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons whomsoever; and that
said land is free of all encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed thes{presents
the day and year first above written.
JJ.Qb~
WitneS~e)
Name: ,sEL
(Print or type)
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Witnes~(Signatur~) ~
Name: ](.oLlC1Ct.Sc. f'.l
(Print or type)
Terra Homes, Inc.,
a Florida Corporation
By:
teppuhn, President
381 Clipper Lane
Naples, FL 34112
THIS CONVEYANCE ACCIPftD IY THE
BOARD OF COUNTY COMMISSIOftflltS
COlLIER COUNTY. FLORIDA ·
PURSUANT TO AGENDA ·
DATED: 15-,\ -Ol\ rrEM NO. \OF .-
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STATE OF Q ~e/1 /1tJ y
COUNTY OF J/J}NRV
OR: 3607 PG: 2280
The foregoing Warranty Deed was acknowledged before me this .S- day of
0u e~ ' 2004 by Franz Steppuhn, as President, of Terra Homes, Inc., a
Florida Corporation, who IS personally known to me or who has produced
as identification.
(affix notarial seal)
(Signature of Notary Public)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any
My Commission Expires:
Urkundenrollen-Nummer: 137/2004
Vorstehende vor mir geleistete Namensunterschrift des mir personlich bekannten
Herrn Franz S t e p p u h n , geb. am 27.03.1941,
wohnhaft Am Berggarten 6, 63517 Rodenbach,
beglaubige ich hiermit.
Oer Notar fragte nach einer Vorbefassung im Sinne des ~ 3 Abs. 1 Nr. 7 BeurkG.
Oiese wurde von dem Beteiligten vern .
Hanau, den 05. Juli 2004
Kostenrechnung: Wert: EURO 900.000,-
Gebuhr gemaB ~ 32, 45 I KostO
(Unterschriftsbeglaubigung ohne Entwurf; Hochstgebuhr)
16 % Mehrwertsteuer
~ to form & leg.l sufflcleneJ
~ (!L ~~
Assistant CountJ Attorne,
Ellen T. Chadwell
*** OR: 3607 PG: 2281 ***
EXHIBIT A
Lots 54, 55, and 56, Naples Bayview Addition No.1, according to the plat thereof,
recorded in Plat Book 4, Page 20, and as described in that ce11ain Warranty Deed at a.R.
Book 3039, Page 1779, of the Public Records of Collier County, Florida,
And
Lots 52 and 53, Naples Bayview Addition No. I, according to the map or plat thereof, as
recorded in Plat Book 4, Page 20, ancl as described in that certain Warranty Deed at a. R.
Book 3330, Page 2094, of the Public Records of Collier County, Florida,
And
Lot 48 and 49, Naples Bayview Addition No. I, according to the plat thereof, recorded in
Plat Book 4, Page 20, and as described in that certain Warranty Deed at a.R. Book 3032,
Page 457, of the Public Records of Collier County, Florida.
..
~11'1
Memorandum
TO:
Minutes & Records Management
FROM:
Sharman Veger
Property Acquisition Specialist
Real Estate Services
DATE:
December 7, 2005
RE:
Bayview Park Addition
Please find attached one (1) oriainal recorded Warranty Deed and one (1) oriainal
Agreement for Sale and Purchase for the above referenced project.
The Board of County Commissioner of Collier County, Florida approved the acquisition
pursuant to Agenda Item 10 E, dated May 11, 2004.
Please contact me if you have any questions or comments at extension 2622.
Thank you.
attachments as stated
Office of the Real Property Management Department