Parcels 152FEE & 153FEE
Project: 68056 - Collier Boulevard
Parcels: 152FEE and 153FEE
Folios: 36618000107 and 36618000000
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this ~ day of ~9(.(~+ . , 20og, by and between
PABLO GARCIA, AMRY GARCIA, whose mailing address is 4956 SW 162nd Avenue,
Miramar, Florida 33027 (hereinafter 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:
$50,200.00
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 shall be in full and
final settlement of any damages resulting to Owner's remaining lands, costs to
cure, including but not limited to the cost to relocate the existing irrigation
system and other improvements, and the cost to cut and cap irrigation lines
extending into the Property, and to remove all sprinkler valves and related
electrical wiring, and 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.
3. Prior to the 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. Owner shall convey a marketable title free of any
liens, encumbrances, exceptions, or qualifications. Marketable title shall be
determined according to the applicable title standards adopted by the Florida
Bar and in accordance with law. Owner shall cause to be delivered to
Purchaser the items specified herein and the following documents and
Page 2
instruments duly executed and acknowledged, in recordable form (hereinafter
referred to as "Closing Documents"):
(a) Warranty Deed;
(b) Closing Statement;
(c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit;
(d) W-9 Form; and
(e) Such evidence of authority and capacity of Owner and its representatives
to execute and deliver this agreement and all other documents required
to consummate this transaction, as reasonably determined by Purchaser,
Purchaser's counsel and/or title company.
4. Both Owner and Purchaser agree that time is of the essence of this Agreement
and that, therefore, Closing shall occur within ninety (90) 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, payment shall be made to
Owner in that amount shown on the Closing Statement as "Net Cash to Seller,"
and Owner shall deliver the Closing Documents to Purchaser in a form
acceptable to Purchaser. Purchaser shall be entitled to full possession of the
Property at Closing.
5. Owner and Purchaser agree to do all things which 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.
6. Owner agrees, represents and warrants the following:
(a) Owner has full right, power and authority to own and operate the
Property, to enter into and to execute this Agreement, to execute, deliver
and perform its obligations under this Agreement and the instruments
executed in connection herewith, to undertake all actions and to perform
all tasks required of Owner hereunder and to consummate the
transaction contemplated hereby.
(b) 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 Owner to be performed pursuant to the
provisions of this Agreement.
(c) No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
(d) Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Owner 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, 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.
(e) There are no maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
Page 3
(f) Owner has no knowledge that there are any suits, actions or arbitration,
administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which
affect the Property or which adversely affect Owner'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.
(g) Purchaser is entering into this Agreement based upon Owner's
representations stated in this Agreement and on the understanding that
Owner will not cause the 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, Owner 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 adversely affect
the physical condition of the Property or its intended use by Purchaser.
(h) 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 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 any of Owner's representations under paragraph 6(h). 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, unless the
Property is acquired under threat of condemnation.
9. All ad valorem real estate taxes due on the Property during Owner's term of
possession, and all maintenance charges and assessments due from Owner,
for which a bill is rendered prior to closing, will be charged against Owner on
the closing statement. Real Property taxes shall be prorated based on the
current year's tax and paid by Owner. If Closing occurs at a date when the
Page 4
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
10. 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.
11. 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. )
12. 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. No modification, amendment or
consensual cancellation of this Agreement shall be of any force or effect unless
made in writing and executed and dated by both Owner and Purchaser.
13. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity.
14. 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
the date first above written.
AS TO PURCHASER:
DATED: (~~l<X5
ATTEST: ',:
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BOARD OF COUNTY COMMISSIONERS
COLLIER C7TY. FL RIDA .
BY:./?";rt_--
TOM HENNING,
Page 5
AS TO OWNER:
DATED: g fi2:J lu,^
PABLO GARC
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Me{ '-{I-e..+ 'De La.. To/I"e,
Name (Print or Type)
Approved as to form and
legal sufficiency:
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ASSIstant C ty Attorney
Last Revised: 2/5/08
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LEGAL DESCRIPTION FOR PARCEL 152FEE
A PORTION OF TRACT 120, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER
COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
FEE SIMPLE
INTEREST
THE EAST 35 FEET OF THE SOUTH ONE HALF (S 1/2) OF SAID TRACT 120.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCALE: 1"=80'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
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SIGNING DATE:
NOT VA~iD WITHOUT THE ORIQlNAI. SIGNATURE k FWSl:D .EI.IBOSSED SEAL OF
A F'LORIOA REGISTERED PROF'ESSIONAI. SURVEYOR AND MAPPER.
CONTAINING 5.775 SQUARE FEET. MORE OR LESS.
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSE!? RIGHT OF WAY
PARCEL 152FEE
COLUER COUNTY, FLORIDA
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CONSULTING QviI~
..... ~, ,.I. ... SIxwyiaII: Mippog
6610 Willow Park Drive, SuIIII 200
Naples, florida 34109
Phone: (239) 59Nl575 FAX: (239) 597-0578
LB No.: 6952
FILE NAME
UN 1 SK 152FEE
SHEET
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INTEREST
LEGAL DESCRIPTION FOR PARCEL 153FEE
A PORTION OF TRACT 120, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC
RECORDS OF COLLIER COUN1Y, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUN1Y, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOllOWS.
THE EAST 35 FEET OF THE NORTH ONE HALF (N 1/2) OF SAID TRACT 120.
CONTAINING 5,775 SQUARE FEET, MORE OR lESS.
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MICHAEL A. WARD. PROfESSIONAL LAND SURVEYOR
FLORIOA R~CISTRATlON CER1lflCl.TE NO. S.rol
SIGHING DATE;
NOl VAliD WITHOUT THE OflIGIIMl SIGNATURE k RIlISro EMBOSSED sO-Lot
A FLORIOA RECISTERED PROFESSIONAL SURVEYOR AND MAPPER.
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCALE: 1"=80'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS
COLLIER BOULEVARD
SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY
PARCEL 153FEE
COLLIER COUNTY, FLORIDA
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CONSULTING CiviHlogmoamg
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6610 Willow Park Drive, Suite 200
Naples, Ao~da 34109
Phone: (239) 597'()575 FAX: (239) 597.0578
LB No.: 5952
FILE NAME SHEET
UNl SK153FEE OF 1
JOB NUMBER
050106.02.00 0006
MEMORANDUM
Date:
October 15,2008
To:
Rebecca Harding
TECM/ROW
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Purchase Agreement and Temporary Construction
Easement Agreement
Attached please find one (1) copy of each document, as referenced
above, (Agenda Item #10B), approved by the Board of County
Commissioners on Tuesday, November 13, 2007.
If you should have any questions, please contact me at 252-8411.
Thank you.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
. TO. ACCQMPANY ALLQRIGINAL DQCUMENTS SENT TO.
THE Bo.ARDo.F CQUNTY COMMISSIo.NERSQFFICE FQR SIGNATURE
Print on pink paper. Attachtopriginal document OfiginaIdocuments should be hand delivered to the Board Office. The completed ro~ting slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.) .
RQUTING SLIP .
. Complete rolJting iines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifth~ document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #1 through #4,complete thechecklist,and forward to Sue Filson (line #5).
. Route to Address~e(s) Office Initials Date
. (List in rout\ngorder
Clerk of COurt'S Office
. - - - - -
. (The primary contact is the holder of the original documeritpending BCG approval. Normally the primary contact is the person who created/prepared.the.executive
summary. Primary contactinformation is needed inthe event oneofthe addressees above, inc1udingSueFilson, need to contact staffforadditional or missing -
information: All original documents needing the BCC Chairml\l1's signature are to be del.ivered to the BCG office only after the BCG has acted to approve the
item.) , , '. .
NameofPrimaryStilff Rebecca Harding Phone Number 252-5805
Contact . Property Acquisition Specialist
Agenda Date Item was Gift & Purchase:Resolution (2007-326) AgendaJtem Number
Approved by the BCC November 13, 2007
Type' of Document Purchase Agreement &
Attached Tern . Construction Easement Agreement 2
PRIMARYCQNTACT INFQRMATION.
1.
INSTRUCTIo.NS & CHECKLIST
Initial the Yes column or mark "N/A" ill the Not Applicable column, whfchever is
ap ro riate;
Oiiginat docmnent has been signed/initialeii for. legal sufficiency. (All documents to be
signed by the Chairman, with the exceptionofmostletters, must be reviewed and signed
by the Office oftheCounty Attorney. This, inCludes signature pages from ordinances,
resolutions, etc. signed'.bythe County Attorney's Office and signature pages from ,
contracts, agreements, etc. that have been fully executed by all parties except theBCc'
Chairman and Clerk to the Board and' ossiblyState Officials.)
All handWritten strike-through and revisions have been initialed by the County Attorriey's
Office and all other partiesexce t the BeC Chairman and the Clerkto the 130ard
The Chairman's sigIlature line date has been entered as the date, of BCe approval of the
-docmnent orthe final negotiated coiltractdate whichever is ap licable. '
"Sign here" tabs are placed On the appropriate pages indicating where the Chairman's
signature and initials are re uired:
Inmost cases (some cbntractsateanexception), the original document andthisroutingslip
sho, uld be, provided to Sue Filson in the BCC office within 24 hours of BCe approval.
Some documents are time sensitiye an(jrequire forwarding to Tallahassee within a certain
time frame orthe BCC's actions arenullifi6d.Beaware of your deadlines!
The do~ument was approved by the DeCon (enter date) and allchanges
made during the meetirig have been incorporated i theattached,document..The
,Count Attorne 's Office has reviewed the chari es, if a Iicabie.
Yes
(Initial)
N/A (Not,
Applicable)
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I: Forms/County Formsl BCQformsl Original DocumentsRouting Slip WWS Original 9 .O~ .04, Revised L26.05, Revised 2.:24.05