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Lot #63 Purchase Agreement PROJECT: Neighborhood Stabilization Program PROPERTY: Hallendale Lot 63 FOLIO NO: 48782320002 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between BANK OF NAPLES, a Florida corporation, whose mailing address is 4099 Tamiami Trail, Suite 100, Naples, FL 34103 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a Political Subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as "Purchaser"); WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as follows: Hallendale Lot 63, according to the Plat thereof as recorded in Plat Book 4, Page 25 of the Public Records of Collier County, Florida WHEREAS, Seller desires to convey the Property "as is" to Purchaser for the stated purposes and Purchaser desires to acquire the Property "as is", 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, 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. Seller shall convey the Property to Purchaser via Special Warranty Deed for the sum of Twenty- Nine Thousand, Seven Hundred and no/100 Dollars ($29,700.00), payable by wire transfer (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed. This is a cash transaction with no contingencies for financing. This is vacant property and any requirement for a Lead Based Paint Addendum is waived. The Closing of the transaction shall be held on or before March 19, 2010. At Closing, Purchaser shall deliver the wire transfer to Seller and Seller shall deliver the fully executed Special Warranty Deed to the Purchaser. Purchaser shall be entitled to full possession of the Property at Closing. Seller shall convey a marketable fee simple 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. Each party shall be responsible for the 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 Special 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 title commitment and the title policy shall be paid for by the Purchaser. Purchaser shall pay for the cost of recording the Special Warranty Deed. Ad Valorem and Non-Ad Valorem property taxes shall be prorated between Seller and Purchaser on a 365-day calendar or fiscal year, as appropriate, and shall be based on the current year's tax. If Closing occurs at a date which the current year's tax is not fixed, taxes will be prorated based upon such prior year's tax. In determining prorations, the closing date shall be allocated to Purchaser. 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. Conveyance of the Property by Seller is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement shall constitute the entire Agreement and understanding of the parties, and there are no other prior or written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. This Agreement and the 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 both parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, andlor assignees, whenever the context so requires or admits. Any amendment to this Agreement shall not bind any of the parties hereto 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. , ~. J. 4 5 6. 7 11. 9. 10. Purchase Agreement Page 2 11. No waiver of any provisions 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. 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 as of the dates set forth herein below. Date Property acquisition approved by BCC: October 27, 2009, Item 16D8 AS TO PURCHASER: DATED:~ .3!20lD A nEST: DWIGHT E. BROCK; Clerk ~ Itll.tw, Oft.. BOARD OF COUNTY COMMISSIONERS COLLlER~FC3RI~. BY: Fred W. Coyle, Chairman . l\S TO OWNER: DATED: (, 'j, , C I' ),(\ 10 i / / .--) i.", i., ~ ~-"_(f/' ill {\ j/1J......... (... ' 1\.,(. ..... \.-L wilnesr<fignature) . ) '~ame:, I i'iH':e, rI. /)/1.:; (Print or Type) BANK OF NAPLES " , , / /"... By: ' -c {.', C.( Mary Cone, Executive Vice President ,', " ,'. ,'. __-- i'A -I, ' ,to {,.......:.' \. ......" /~, '-.:. ;14_'_'""-"" Witness (Signat'1e~ / Name: i ....,(;:,/--, /c~ I' )'j;f/L (Print or Type)/ Approved as to form and legal sufficiency: Jennif~~h::>~ Assistant County Attorney