Parcel 113
PROJECT: 65061
PARCEL: 113
FOLIO: 36667000006
1685
.
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this .-1l day of Iv" I-\v.z ell, 2005, by and between
NESTOR RODRIQUEZ, a single man, and MAYRA FUENTES, a single woman,
whose mailing address is 13945 Collier Boulevard, Naples, Florida 34119-1535,
(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 $173,930.00
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
$173,930.00 to American Government Services Corporation, 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 that therefore Closing shall occur 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.
))e
~y
Go/
5.
Owner is aware and understands that the "offer" to purchase repre16 a 5
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 puuiic, ii is heieby 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.
Purchase Agreement
lJe
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Page 2 @
1685
12. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this I 1 day of lv, p.J~ ( l,- , 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: 1)-:t,/n/()~
ATTEST; .
DWIGHT E.\8"ROC!,<, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'-1. I\~} ~
BY: ~.
Fred W. Coyle, Chairman .
~;~:~:.~~~i~~; tr
.Iilltllfll 9AlJ.
" .
AS TO OWNER:' .'
, '.1,.\,
, ,.,.
DATED: 0"'> 17/05
',:4,.zC-
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Nestor Rodriquez
Wi ess (Signature)
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H Ii: CI:J':.!. L '" vo, ,
Name (Print or Type)
L(
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Witness (Signature)
-
f1q!?/4 7f::j!;.::/ ('/A> l
Name (Print oIType)
)11)(
Mayra FuEintes
iifC'OIt.. (. r?iJe;i..p.;
Name (Print or Type)
-........ <_.~ ,
...._-~--,-
Witness (Signature) .
,1t9-fJ/l YPI.v1 ef)o 2
Name (Print or type)
Approved as to form and
legal sufficiency:
~~w~
Assistant County Attorney
ltem# ~
~:da lD -2b~D)
Date 3-Z3-o5"
Rec'd
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Purchase Agreement
Page 3
.
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GOLDFN GATE ESTATES
UNIT NO. 2
P.B. 4, PAGE 75
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LINE
L53
L54
LINE TABLE
LENGTH
55.00
55.00
BEARING
569' 31 '26"vt.
69' 31 '26"E
LEGAL DESCRIPTION
A portion at the South 1 /2 of Tract
1 t 3 Golden Gote Estates Unit No.2,
Plat Book 4, Pages 75 and 76,
Collier County, Florida, being more
portlcularly described as follows:
Beginning at the Southeast corner ot
Tract 113: thence S.89'31'2B"W. along
the South line of Tract 113, 0
distance ot 55.00 feet: thence
N.00'28'32"W., a distance of 165.00
teet to It's intersection with the North
line of the South 1/2 of Troct 113;
thence N.89' 31'28"E. along said North
line, a distance of 55,00 feet to Its
Interoection with the Easterly line of
Tract 113: thence S.00'28'32"E. along
the East line of Tract 113, a distance
of 165.00 feet to the POINT OF
BEGINNING.
Containing 9,075.00 square feet or
6.20B3 aerea, mora or lesB
NOTES:
1. This Is not a survey.
2. Basis of bearing Ie the West line of County
Road 951 (C.R. 951) being N 00'26'32" W, Florida
Stale Plane Coordinates NAD 83/90, East Zone.
3. Subject to oosoments, reservations and
restrictions or record.
4. Easements shown hereon ore per plat, unless
otherwise noted.
5. ROW repreeents Right-of-Way,
6. P.O.B. represents Paint of Beginning.
7. P.O.C. repreeents Point of Commencement.
6. OK represents Official Recarde.
9. L.B.E. represents Landscape Buffer Eoeement.
10. U.E. repre.ents Utility Easement.
D/WID ,J. H IT, P.S.M."(FOR THE FIRM)
FLORIDA LI .' 'NO. 5634 .
PI ~ 1/>0'
(DATE SIGNED)
N
NOT VALID WITHOUT THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER,
CERTIFICATE OF AUTHORIZATION LB #43
.1IOJfllr NO" 85081 ...en NO. , 113
WI'.nMIIIBr-'~W-
-... ....... . ......... . ,.".,... . LI/loioo:opt- . "-- CaolIft
1IIoonIaor, tJo.
_./lrtliwJ._._.......
......,Iq........--.- _'IV_. _ ..__ 09/20OJ
s'P U, 2003 - 13,10,32 MWolUREIX,\SUR\N801S\85hdl00.dw;
yJ(rL
COLLltrR COUNTY DtrPARTMtrNT
OF TRANSPORTATION
SKETCH d: DESCRIPTION
PROJECT NO.1
N60 15-005-000
SHEET NUI.I8CR;
II;] OF XXX
f1lf NO.1
2L-812
/'
k\Y
1685
.
PROJECT: 65061
PARCEL: 713
FOLIO: 36667000006
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT thereinafter
referred to as the "Agreement") is made and entered into on this ~ day of
[\J\ f\'i"_C \, , 2005, by and between NESTOR RODRIQUEZ, a single man, and
MAYRA FUENTES, a single woman, whose mailing address is 13945 Collier
Boulevard, Naples, Florida 34119-1535, (hereinafter collectively referred to as
"Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns whose mailing address is 3301 Tamiami Trail East, Naples,
Florida 34112 (hereinafter referred to as "Purchaser").
WHEREAS, the Purchaser requires a Temporary Construction Easement
(hereinafter referred to as "TCE") over, under, upon and across the lands described in
Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter
referred to as the "Property") to provide room to maneuver equipment in order to
construct a grade-equalizing slope in the Purchaser's existing right-of-way that is
adjacent to the Property; and
WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the TCE over, under, upon, and across 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 are 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 TCE to Purchaser for the sum of $2,800,00 subject to the
apportionment and distribution of proceeds pursuant to paragraph 7 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
TCE 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 TCE 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 $2,800,00 to American Government Services
Corporation, as settlement agent for the disbursement of proceeds incident to said
sale and conveyance of the Property,
3, Both Owner and Purchaser agree that time is of the essence in regard to the
closing and therefore, said closing shall occur within sixty (60) days of the
execution of the Agreement by Purchaser. At closing, Owner shall deliver a
Temporary Construction Easement to Purchaser in a form acceptable to
Purchaser and Purchaser shall deliver the County Warrant to Owner,
~!P-
~~P
g
1685
Temporary Construction Easement Agreement
Page 2
4, Owner 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.
5, 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 County; 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 County, that the
seller 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.
6, Owner hereby agrees that it shall indemnify, defend, save and hold harmless the
County against and from, and to reimburse the County 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 County by reason or arising out of the breach
of owner's representation under paragraph 5. This provision shall survive closing
and is not deemed satisfied by conveyance of title.
7. 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.
8. Owner agrees to grant the TCE for the purpose of maneuvering equipment in
order to construct a grade-equalizing slope in the Purchaser's existing right-of-way
that is adjacent to the Property, This TCE shall expire on September 30, 2008, In
the event that the construction of the grade-equalizing slope has not been
completed by September 30, 2008, the Purchaser reserves the right to record in
the Public Records of Collier County a Notice of Time Extension which shall grant
a one (1) year time extension until September 30, 2009, for the completion of said
construction, Owner shall be provided with a copy of the recorded Notice of Time
Extension,
9, This Agreement is governed and construed in accordance with the laws of the
State of Florida,
10, This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and "hail inure to [he 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.
11. Conveyance of the TCE, or any interest in the Property, by the Owner is
contingent upon no other provisions, 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
kJ~
~
NY
~
Temporary Construction Easement Agreement
168t;
Page 3 "
are no other prior or contemporaneous written or oral agreements, undertakings,
promises, warranties, or covenants not contained herein,
IN WITNESS WHEREOF, the parties hereto have executlld this Temporary
Construction Easement Agreement on this \ l day of !VI f-\A ell ,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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: '1uJ-W. ~
Fred W. Coyle, Chairman
DATED:
WITN~~SES:
~../~?f-
(Si!:fna ure)
-\-\ c. c.T')fL C Q 1 " U< I']
(Printesl-;Name)
~Ji___
"(Signature)
In:R/4 Xf4~~/ t>PO;
tPrinted Name)
Nestor'
._---.......
'-,--..
~//~
(Si nature)
'>nft
Mayra Fue~tes
-
I elo2
Approved as to form and
I~ sufficiency:
~~ ~ a./~.A
......
Ellen T, Chadwell
Assistant County Attorney
Item # l(o B5
~~:da 10-2B -D3
TRACT
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TRACT
.----------(1-1 ~----
L111
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GOLDEN GATE ESTATES
UNIT NO. 2
P.B. 4, PAGE 75
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TRACT
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LEGAL DESCRIPTION
A portion of the South 1/2 of Tract
113 Golden Gate E.tate. Unit No.2,
Page. 75-76, of the Public Record.
of Collier County, Florida, more
particularly de.crlbed a. follow.:
Commencing at the Southea.t corner
of Tract 113; thence S,89'31 '28"W.
along the South line of Tract 113, 0
dl.tance of 55.00 feet to the POINT
OF BEGINNING; thence continue
S.89'31'28"W, along eald line, a
dl.tance of 5,00 feet; thence
N.00'28'32"W,. a dlatance of 165.00
feet to Its Intoreectlon with the North
line of the South 1/2 of Tract 113;
thence N.89'31 '28"E, along sold North
line, a dl.tance of 5.00 feet; thence
S.00'28'32"E.. a distance of 165.00
f.et to ths POINT OF BEGINNING.
Containing 825.00 equare feet or
0.0189 acres. mare or Ie..
LINE
Ll0B
Ll09
L110
L111
L112
LINE TABLE
LENGTH
55.00
5.00
165.00
5.00
165.00
NOTES:
1. Thl. I. not 0 .urvey.
2, Bool. of bearing 10 the We.t IIns of County
Road 951 (C,R. 951) being N 00'2B'32" W, Florida
State Plane Coordlnoto. NAD 83/90, Ea.t Zone,
3. Subjoct to easoments. reseryatlons and
re.trlctlon. or record,
4. Ea.ement. shown hereon are per plat, unl.s.
otherwl.e noted.
5, ROW repre.ent. Right-of-Way,
6, P.O.B, repr..int. Point of Beginning.
7. P.O.C. repre.ont. Point of Commencement.
8, O.R. represento Official Rscord.,
9, L.B.E. repre.ento Landocape Buffer Eaoement,
10. U,E, represents Utility Ea.emsnt.
FOR THE FIRM)
" .,(DATE SIGNED)
NOT VALID W.t/iQI.i:f. ,THE SIGNATURE AND THE
ORGINAL RAISEfj'S~L OF A FLORIDA LICENSED
SURVEYOR AND MAPPER,
CERTIFICATE OF AUTHORIZATION LB *43
N
20 aD 100
GRAPHIC SCALE
I
200
.....lll1' NO.. 65061 'NICIL NO, , 71:J
WII.MIIIBiN~-
-........- ._."..,.,.._.~-
_lIIro<;tlo.
-."".....-.-.....
-_llol.........__.,..._."'_.___
Sop le, 2003 - 13:27,07 IoIW!UREjlC,\'UR\N001.\"lodl00.dwg
COLLIER COUNTY DEPARTMENT
OF TRANSPORTATiON
SKETCH 4c DESCRIPTION
09/200:1
SHEET NULlBOb FIll NO.,
7/J OF XXX 2L-812