Parcel 121FEE Project: 60143 —Immokalee Stormwater
Parcel No: 121 FEE (Mobile Manor cut-out, east of Marion Lane)
Folio No: none
PURCHASE AGREEMENT
(unimproved property)
THIS PURCHASE AGREEMENT ("Agreement") is executed this day of , 2021,
by JOY B. CARTER, unremarried, whose mailing address is P.O. Box 3, Felda, FL 33930 ("Seller"), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami
Trail East, c/o the Office of the County Attorney, Suite 800, Naples, FL 34112 (the "County").
Recitals:
A. By virtue of a Warranty Deed dated February 15, 1962, recorded in OR Book 162, Page 618,
Public Records of Collier County, Florida (and by virtue of the death of her husband, Joseph R. Carter on
November 22, 2010), Seller holds title to property located in Immokalee, Collier County, Florida, located
east of and adjoining Marion Lane, depicted and described on Exhibit A hereto (the "Property"), which
consists of unimproved land that is unused and primarily covered with vegetation.
B. To improve stormwater drainage and alleviate flooding in the area, the County desires to
acquire the Property for stormwater drainage purposes, subject to final approval by the Board of County
Commissioners of Collier County, Florida.
C. Seller has no practical use for the Property and is therefore agreeable to selling it to the
County on the terms and conditions set forth herein.
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,
the parties hereby agree as follows:
1. AGREEMENT.
In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller hereby
agrees to sell the Property to the County and the County hereby agrees to purchase the Property from
Seller. Notwithstanding anything in this Agreement to the contrary, the County's obligations under this
Agreement are contingent upon final approval of this Agreement by the County Attorney's Office and the
Board of County Commissioners of Collier County, Florida.
2. PURCHASE PRICE.
The purchase price (the "Purchase Price") for the Property shall be ONE THOUSAND FIVE HUNDRED
DOLLARS ($1,600.00) (U.S. Currency) payable at time of closing. The Purchase Price, subject to the
apportionment and distribution of proceeds pursuant to Paragraph 3 below, shall be full compensation for
the Property conveyed, including any and all structures, improvements, fixtures, landscaping, trees and
shrubs located thereon, and shall be in full and final settlement of all claims against the County, including
all attorneys'fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. No portion
of the Purchase Price is attributed to any personal property.
3. CLOSING AND MARKETABLE TITLE.
A. TIME IS OF THE ESSENCE. The closing of the transaction (hereinafter, the "Closing Date",
"Date of Closing", or"Closing") shall be held on or before one hundred twenty (120) days following
the Effective Date (defined in Paragraph 8 below), or within thirty (30) days of receipt by the County
of all fully-executed closing documents and documents necessary to convey marketable title free of
any liens, encumbrances, exceptions, or qualifications,whichever is later, unless extended by mutual
written agreement of the parties. The Closing shall be held at Collier County Growth Management
Department, Transportation Engineering Division, 2885 Horseshoe Drive South, Naples, Florida
34104. The County shall be entitled to possession of the Property at the time of Closing.
B. Seller shall obtain from the holders of any liens, exceptions and/or qualifications encumbering
the Property the execution of such instruments which will remove, release or subordinate such
encumbrances from the Property upon their recording in the public records of Collier County, Florida.
Seller shall convey 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. Within ten (10) days of the Effective Date, Seller shall provide the
County with a copy of any existing title insurance policy and property survey in Seller's possession.
Three (3)weeks before the Closing, Seller shall cause to be delivered to the County any documents
necessary to convey marketable title and the following documents and instruments duly executed
and acknowledged, in recordable form:
1. General Warranty Deed in favor of the County, conveying title to the Property, free and
clear of all liens and encumbrances other than, (a) the lien for current taxes and
assessments, and (b) such easements, restrictions or conditions of record as may be
approved by the County;
2. Combined County-Seller closing statement;
3. "Grantor's Non-Foreign, Taxpayer Identification & "Gap" 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;
4. W-9 Form, "Request for Taxpayer Identification and Certification" as required by the
Internal Revenue Service;
5. Evidence of authority and capacity of Seller to execute and deliver this Agreement and the
closing documents; and
6. Any and all other documents as may be required to consummate this transaction, as
reasonably determined by the County Attorney or title company.
C. At the time of Closing, the County, or its assignee, shall cause to be delivered to Seller a
County Warrant or wire transfer in an amount equal to Net Cash to Seller on the closing statement.
No funds shall be disbursed to Seller until there is verification that there has been no adverse change
to the state of the title to the Property since the date of the last Title Commitment, referenced in
Paragraph 5 (Title Defects) below, and the title company is irrevocably committed to issue the
Owner's title policy to the County in accordance with the Title Commitment.
D. The County shall pay all fees to record any curative instruments required to clear title, and the
General Warranty Deed recording fees,
E. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and
assessments levied against the parent tract property that remain unpaid as of the date of Closing.
F. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due upon
the recording of the General Warranty Deed, in accordance with Chapter 201, Florida Statutes,
unless the Property is acquired under threat of condemnation.
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4, MISCELLANEOUS IMPROVEMENTS.
The parties acknowledge and agree that, to the best of their knowledge, there are no structures, fences,
irrigation systems, or other fixtures or improvements located on the Property, other than vegetation. Should
Seller wish to remove any improvements that may be located on the Property and owned by Seller, Seller
shall have the right to remove them prior to the Closing. Any and all improvements not removed from the
Property prior to Closing shall be deemed abandoned by Seller.
5. TITLE DEFECTS.
Upon execution of this Agreement by both parties or at such other time as specified within this Section, the
County and/or Seller, as the case may be, shall perform the following within the times stated, which shall
be conditions precedent to the Closing:
A. Within forty-five (45) days after the Effective Date, the County shall obtain as evidence of title
an ALTA Commitment for a Title Insurance Policy with Florida Modifications covering the Property,
together with hard copies of all exceptions shown thereon. The County shall have thirty (30) days
after receipt thereof 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, the County shall deliver to Seller written notice
of its intention to either waive the applicable contingencies or to terminate this Agreement.
8. Upon notification of the County'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 that
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,
the County, 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 may terminate this Agreement,
6. TERMINATION AND REMEDIES.
A. If Seller shall have failed to perform any of the covenants and promises contained herein,which
are to be performed by Seller,within fifteen (15)days of written notification of such failure, the County
may, at its option, terminate this Agreement by giving written notice of termination to Seller. The
County 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.
B. If the County has not terminated this Agreement pursuant to any of the provisions authorizing
such termination, and the County 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
the County 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 the
County, whereupon $500 shall be paid to Seller as liquidated damages, which shall be Seller's sole
and exclusive remedy, and neither party shall thereafter have any further liability or obligation to the
other under this Agreement. Notwithstanding anything to the contrary herein contained, the County
shall have the right to terminate this Agreement at any time prior to Closing, without cause, in which
event the liquidated damages provisions of this Section 1.B shall equally apply, and Seller's sole
remedy shall be a claim for payment of$500 as liquidated damages. The parties acknowledge and
agree that Seller's actual damages in the event of the County's default or termination without cause
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.
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C. 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.
7. SELLER'S AND THE COUNTY'S REPRESENTATIONS AND WARRANTIES.
A. Seller has full right and authority to enter into and to execute this Agreement and to undertake
all actions and to perform all tasks required of Seller hereunder. Seller is not presently the subject of
a pending, threatened or contemplated bankruptcy proceeding.
B. 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 to execute and consummate the transaction
contemplated hereby. Prior to Closing, and upon the request of the County or the Title Company,
certified copies of such approvals shall be delivered to the County and the Title Company.
C. The warranties set forth in this Agreement are true on the Effective Date and as of the date of
Closing. The County's acceptance of a deed to the Property shall not be deemed to be full
performance and discharge of every agreement and obligation on the part of Seller to be performed
pursuant to the provisions of this Agreement.
D. Seller and the County agree to do all things that may be required to give effect to this
Agreement immediately as such requirement is made known to them or they are requested to do so,
whichever is the earlier,
E. 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 the
County according to the terms of this Agreement.
F. No party or person other than the County has any right or option to acquire the Property or any
portion thereof.
G. Until the date fixed for Closing or as 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 the County to such conveyance, encumbrance, or
agreement, which consent may be withheld by the County for any reason whatsoever,
H. Seller makes the following representations to the County, to the best of Seller's knowledge: (i)
no pollutants are or have been discharged from the Property, directly or indirectly into any body of
water; (ii) the Property has not been used for the production, handling, storage, transportation,
manufacture or disposal of Hazardous Materials (as defined under applicable environmental laws),
or any other activity that would have toxic results, and no such Hazardous Materials are currently
used in connection with the operation of the Property, and there is no proceeding or inquiry by any
authority with respect thereto; (iii)there is no ground water contamination on the Property or potential
of ground water contamination from neighboring properties; (iv) no storage tanks for gasoline or any
other Hazardous Materials are or were located on the Property at any time during or prior to Seller's
ownership thereof; (v) no portion of the Property has been used as a sanitary landfill,
I. Seller has no knowledge (i) that the Property, and/or that Seller's operations concerning the
Property, are in violation of any applicable Federal, State or local statute, law or regulation, or(ii) of
any notice from any governmental body that 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,
4 "�%
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.
J. 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.
K. Seller acknowledges and agrees that the County is entering into this Agreement based upon
Seller's representations stated herein 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 up to and
including the date of Closing. Seller agrees not to enter into any contracts or agreements pertaining
to or affecting the Property or do any act or omit to perform any act that would change the zoning or
physical condition of the Property or the governmental ordinances or laws governing same. Seller
also agrees to notify the County 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 that may restrict or change any other condition of the
Property.
L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold the County
harmless from all costs (including attorney's fees) asserted against the County by reason or arising
out of the breach of any of Seller's representations under this Paragraph 7. This provision shall
survive Closing and is not deemed satisfied by conveyance of title.
8. ENTIRE AGREEMENT.
A. This Agreement and the exhibits(if any)attached hereto contain the entire agreement between
the parties, and there are no promises, representations, warranties or covenants by or between the
parties not included in this Agreement. No modification or amendment of this Agreement shall be of
any force or effect unless made in writing and executed and dated by both the County and Seller.
B. 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.
C. This Agreement is governed and construed in accordance with the laws of the State of Florida.
D. Should any part of this Agreement be found to be invalid, such invalid part shall be severed
from this Agreement, and the remaining provisions of this Agreement shall remain in full force and
effect and not be affected by such invalidity.
E. The"Effective Date" of this Agreement will be the date of execution of this Agreement by the
last signing party as indicated on the signature page.
9. AUTHORITY.
If Seller holds title to 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 s. 286,23, Fla. Stat., under oath, subject to the penalties prescribed for perjury, of the name
and address of every person having a beneficial interest in the Property before the Property 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.)
[ signature page follows]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the
Effective Date.
AS TO THE COUNTY:
DATED: 3 '^ V 1 3 , 2021
ATTEST: ; BOARD F COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk of the COLLIE U TY, FLORID
Circuit Court &Com' oiler_
a - .--
.y BY:
-puty Clerk" f, Penny Tay a, Chairperso
Ai+e ;t,asrt4C4pearl's
AS TO SELLER:
DATED: , 2021
TNESSES•
274
ge.A.-LL, ,ig-k...tic---s----___
Signature)-witness 1 JOY B. CARTER, a widow and unremarried, by
�__ Carrie Balkcom, her Attorney-in-Fact as
,ION'C1i1�= l9 evidenced by a Title Affidavit recorded on
(Printed name) , 2021 in OR CO3(g , Page 3014, ,
public re ords of Collier County, Florida
re
ignat re)` fitness 2
(Printed na ne)
Approved as to form and legality:
CNA—AUt
Jennifer A. BAoedio ca/ ���
Assistant County Attorney A�
6
EXHIBIT"A"
PAGE 1 OF 1
P.O.C. it
NORTHEAST CORNER OFSECTION31TOWNSHIP 46 SOUTH,RANGE 29 EAST, V
S 00'54'29"E COLLIER COUNTY,FLORIDA
30.00' P.O.B.
PLAT
NORTH
GRAPHIC SCALE
�p IS
— _S89'29'16"w WESTCLOX STREET /,__--_3 29 0 60
629.72 (60' RIGHT-OF-WAY) ' 31 32
N 89°29'16"E
30.00' \ - ( IN FEET
30.00' A 1 inch = 60 ft.
I/I I— ! 8 1/2 X 14 Not to Scale
MOBILE MANOR
I N PLAT BOOK 9 PAGE 102
1-
O.R.4176 I o ' 34 33 32 31 30 29 28
PG.1392 I ? SKETCH AND DESCRIPTION OF PROPOSED
u PARCEL 121FEE
I Z
I— A IN CT TOWNSHIP 46 SOUTH, E T,
0 10'DRAINAGE AND UTILITY EASEMAENT j
I Z 10'DRAINAGE AND.UTILITY EASEMAENT RA INSE THE IONS PUBLIC31 RECORDS OF COLLIER COUNTY,RANG FLORIDA29EAS AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
o - COMMENCING AT THE NORTHEAST CORNER OF SECTION 31,TOWNSHIP 46 SOUTH,
oI RANGE 29 EAST,COLLIER COUNTY,FLORIDA,THENCE ALONG THE NORTH LINE OF SAID
v v SECTION 31 AND THE CENTERLINE OF WESTCLOX STREET SOUTH 89°29'16"WEST A
0 ct DISTANCE OF 629.72 FEET TO A POINT ON SAID NORTH LINE OF SAID SECTION AND SAID
-3 CENTERLINE.
N al ry
N - THENCE LEAVING SAID NORTH LINE OF SECTION AND SAID CENTERLINE SOUTH
S o S 00'54'29"EAST 30.00 FEET TO THE SOUTH RIGHT-OF-WAY OF WESTCLOX STREET AND
0- a I THE POINT OF BEGINNING.POINT OF BEGINNING ALSO BEING THE NORTHWEST
cy ZI .
i CORNER OF LOT 34 OF MOBILE MANOR AS RECORDED IN PLAT BOOK 9 PAGE 102,
O LU "
N COLLIER COUNTY,FLORIDA.
L0 LL
0.R.5135 I K ( THENCE LEAVING SAID RIGHT-OF-WAY IN THE FOLLOWING THREE(3)COURSES:
•
PG. 705 oCV a 1 L) 1.CONTINUE SOUTH 00'54'29"EAST 410.00 FEET ALONG SAID LOT 34 AND LOT 12
a _ OF SAID MOBILE MANOR.
2.SOUTH 89°29'16"WEST 30.00 FEET TO A POINT ON A PARCEL DESCRIBED ON
Wo'.. I SAID MOBILE MANOR AS NOT INCLUDED IN THIS PLAT.
V 3.NORTH 00'54'29"WEST 410.00 FEET ALONG SAID PARCEL DESCRIBED ON SAID
MOBILE MANOR AS NOT INCLUDED IN THIS PLAT TO THE SOUTH RIGHT-OF-WAY OF
Q I
'i
I WESTCLOX STREET.
n- THENCE ALONG THE SOUTH LINE OF SAID RIGHT-OF-WAY NORTH 89'29'16"EAST 30.00
FEET TO THE POINT OF BEGINNING.
S 89'29'16"W I CONTAINING 12300.00 SQUARE FEET
30.00'
30.00'V �'
I
L-___a DIMAR LANE
t (60' RIGHT-OF-WAY)
I
O.R.3813
PG.721
11 10 9 8 7 6 5 I 4
THIS IS NOT A SURVEY
PREPARED BY:
10'DRAINAGE AND UTILITY EASEMENT
THOMAS J.ANDERSON,P.S.M.
FLORIDA SURVEYOR&MAPPER LS 5804
GENERAL NOTES: COLLIER COUNTY SURVEYOR
1.DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. COLLIER COUNTY
2.BEARINGS ARE BASED ON"THE STATE PLANE COORDINATE SYSTEM"
FLORIDA EAST ZONE NAD 83.BEARINGS ARE BASED ON THE NORTH Growth Management Department
LINE OF SECTION 31,TOWNSHIP 46 SOUTH,RANGE 29 EAST COLLIER Road Maintenance Division
COUNTY,FLORIDA BEING S 89'29'16"W.
3.ABSTRACT NOT REVIEWED. 2885 South Horseshoe Drive,Naples Florida 34104
4.LEGEND Phone:239-252-8192
P.O.B.=POINT OF BEGINNING Date: SCALE Project No: File No:
P.O.C.=PONT OF COMMENCEMENT
05-10-2021 1"=60' DIMAR LANE 21012 B