Jacob NagarPROJECT: Livingston Road / 60071
PARCEL: 164 / Nagar
FOLIO: 38101000007 & 38101040009
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between JACOB NAGAR, a married mart (hereinafter
referred to as the "Owner"), and COLLIER COUNTY, a political subdivision of the State
of Florida, its successors and assigns, (hereinafter referred to as the "Purchaser");
WHEREAS, the Purchaser requires a fee simple interest in that land described in
Exhibit "A", which is attached hereto and made a part of this Agreement; and
WHEREAS, the Owner desires to convey the above-referenced land (hereinafter
referred to as "Property") for the stated purposes, under the terms and conditions set
forth herein; and
WHEREAS, the Purchaser has agreed to compensate the 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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property to Purchaser in exchange for the sum of
Twenty Eight Thousand Five Hundred Dollars, ($28,500.00), broken down as follows:
Fee Simple Parcel 164 (via Warranty Deed) $ 28,500.00
TOTAL: $ 28,500.00,
The Owner accepts the above payment as full compensation for the Property
interests taken and for any damages resulting to the remainder, if less than the entire
property was taken and for all other damages in connection with said Property,
including any attorney fees and costs provided by Chapter 73, Florida Statutes. 2. Purchaser shall pay Owner for the Property by County Warrant.
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and that, therefore, said closing shall occur within sixty (60) days of the
execution of this Agreement by Purchaser. At closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the required conveyance documents
to Purchaser in a form acceptable to Purchaser. Owner shall remove, within forty-five
(45) days after closing, any and all property, goods and chattels which are located on
the Property. Purchaser shall provide a list of items to be removed, if any, at closing.
Owner shall indemnify and hold Purchaser harmless from any costs in connection with
the relocation of the identified items.
4. Owner shall pay its pro-rata share of taxes, assessments, or other term
expenses of the Property, if applicable, through the day before the closing.
5. Owner 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. The
Owner will, if title is found unmarketable, use diligent effort to correct defect(s) in the
title within the time provided therefor including the bringing of necessary suits. Any and
all documents to clear title to the Property shall be provided to Purchaser on or before
the date of closing.
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 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.
7. 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 Section 7. This provision shall survive closing and is not deemed
satisfied by conveyance of title.
8. Conveyance of the Property, or any interest in the Property, by the Owner is
contingent upon no other provisions, conditions, or premises other than those so stated
above; 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.
9. Owner is aware 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.
10. The Purchaser shall pay for all costs of recording the conveyance
documents. All other costs associated with this transaction including, but not limited to,
transfer, documentary and intangible taxes, and costs for any curative instruments shall
be borne and paid by Owner. Owner shall be responsible for paying any costs and/or
fees associated with the obtaining and recording of a Subordination, Consent & Joinder
of Easement and/or Partial Release of the mortgage(s) recorded against the Property
from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser.
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. (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. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
13. 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.
Dated Project/Acquisition Approved by
BCC: i-~',;~ 1,. t.~,, ':~ r~' 'I'f/,
AS TO PURCHASER:
DATED: .-.~'..~,
'EST:
'6H,~'-.E. BROCK, Clerk
~:~¢~~¢ ~eputy Clerk
AS TO' OWNER:
(/~~TNESS ,ES:
Firs(Wit~' (S~gn~ture~-
Name.'.
(Prin~or type)
Second Witness (Signature),
Name: L ~ ,~,, I. /-~, /-
(Print or type)
i (
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES,I~d'. CARTER, Ph D.,~ha~rman
Address: 3135 La-Costa Circle
Naples, FL 34105
Appr. g.v)ed as to for.~nd/
le ffi iency:
'-'"ELLEN T. C'I::iA'~WELL -
Assistant County Attorney
FEE SIMPLE TITLE
EXHIBIT A
PROJECT: NO.
PROJECT PARCEL _NO:
TAX PARCEL NO.
Pa9~ ; of / ....
SECTION 50, TOWNSHIP #9 SOUTH, RANGE 26
COLLIER COUNTY, FLORIDA
EAST
DESCRIPTION OF PARCEL 164
THE WEST 45.00 FEET OF ,THE SOUTH 150.00 FEET AND THE WEST 45.00 FEET OF THE
NORTH 180.00 FEET OF TRACT 14, GOLDEN GATE ESTATES, UNIT NO. 29,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 57,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
CONTAINING 14,850 SQUARE FEET OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SKETCH OF PARCEL 164 (NOT A SURVEY.)
GREY OAKS P.U.D.
(NOT PLATTED)
SCALE: 1" = 60'
F 15' PROPOSED R.O.W.
+54.57
0.00
WEST LINE OF~
SECTION 50
188+00
190+O0
SECTION LINE AND-~
SURVEY BASELINE
I
WEST 45' PARCEL 164
JACOB NAGAR
O.R. 2026, PC.
SOUTH
2197
TRACT i4
EAST LINE OF +84.$7
SECTION 25 -~ -~--.0-~- 'X
N 00'16'00"WI \ ' x
150' DRAINAGE
._T EASEMEN T (PLA T)
PROPOSED R.O. W. -%,
JACOB NAGAR
150' TRACT 14
O.R. 1575, PC. 525
NORTH 180' TRACT 14
29
GOLDEN GATE ESTATES UNIT NO.
(P.B. 7, PG. 57)
BEARINGS ARE BASED ON THE FLORIOA STATE PLAN COORDINATE SYSTEM, EA.3~ Z
PREPARED BY: I ... /2,,/~/~ '
~i& 8/21/00 BY: t ~ ,/,4F,,'~T,~ =~, ~,., ~ ,~'~'~K'
~w~ GNOL!, R.S.M. NO. 5355
I=.=I~RUN~AO~,=, DRA~ ~ //J~_ DATE: NOV- 9. 1999
Protes.ioaa! e.lla.er~, !~!aaner., & la~d .u~lom CHECKE~ ]Y:~ PROJECT NO.: 7841
~, c,=~ ~u ,l. ~,- s,,~,~,~ ~,~ ~..~ m,* [~"mv-="~ FILE~ '27~ A~D NO: 7274-6