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Parcel 108M F. MORANDUM TO: Suc Filson. Administrative Assistant BOARD OF ('OL./NTY ('OMM1SSIONEI~.S FROM' \\'ilma Ivcrson' Senior Property Specialist Real Property Management Department RE: lmmokalce Road - Parcel 1()8 DATE: September 2. 1998 With regard to thc above rclUrcnccd Project and Parccl, atlachcd lbr thc Chairman, Ms. Barbara B. Berry's rcvicw and execution is an Eascmcnt Agrccmcnl. Kindly sign and date thc Agrccmcnt and hax'c Dxvight E. Brock. attcst to tho Chaim~an's signaturc. Thc Board of County Commissioncrs of Collier County, Florida approvcd thc conveyance in Resolution ( '- )7-.~>6prcscntcdScptcmbcr 16, 1997. Agcndaltcm 16B5. Please rctttrn a copy ol'thc Agrccmcnt to thc Real Property Management Dcpartmont For closing. Thank you in advance {bi' your prompt attention to this rcqucst. Should you havc any questions, plcasc fccl fi-ce to contact mc at D8991. attachment PROJECT: Immokalee Road PARCEL: 108 (Andrews/Halley) FOLIO: 41936440007 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between HORACE S. ANDREWS, JR. and BARBARA F. ANDREWS, husband and wife, and FRANK M. HALLEY, SR., AS TRUSTEE OF AN UNRECORDED TRUST AGREEMENT, AND KNOWN AS THE FRANK M. HALLEY, SR., REVOCABLE NO. 1, DATED JUNE 3, 1994, hereinafter collectively 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 the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter referred to as the "Property") for road, utility, drainage, sidewalk and maintenance purposes; and WHEREAS, the Owner desires to convey the Property to the Purchaser 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 ti;e Property to the Purchaser. 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 padies as follows: 1. Owner shall convey the Property to Purchaser, via Warranty Deed, in exchange for the sum of $8,000.00 as full payment for the Property interest(s) 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. 2. Purchaser shall pay Owner of 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 a deed 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 Properly 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 Properly, b) any existing or threatened environmental lien against the Properly or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment , spill or transfer of hazardous substances on the Properly. 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 6. 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 deed. All other costs associated with this trar, saction including, but not limited to, transfer, documentary and it, tangible 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 oi' a Padial Release ot' the mortgage(s) recorded against the Properly from the mortgagee(s). 11. If the Owner holds the Properly in the form of a partnership, limited partnership, corporaiion, 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. (Il 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. IN WITNESS WHEREOF, the padies hereto have executed Agreement on this ,,...¢ day of Dated Project/Acquisition Approved by BCC: this Purchase AS TO PURCHASER: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BACt,~ARA-B. B'E R R y~'7~ h a i~,:n a~--___.~ AS TO OWNER: DATEDi August 25, 1998 WITNESS , / ¥icki Dungan~ (Print Name of Witness) WITNES~ Amy' l,uks (Print Name of Witness) W,f- ESS , -// Vicki. Dungan ~" (Print Name of Witness) WITNESS~ Am.y l.uks (Print Name of Witness) WITNESS 'a U (Print Name of Witne'ss)kJ WITC/ESS - (Print Name of Witr{ess) { Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney HORACE S. ANDREVV~, JR. Address:- BARBARA F. ANDREWS , Address: FRANK M. HALLEY, SR., a's Trustee of an unrecorded Trust Agreement, and known as the Frank M. Halley, Sr., Revocable Trust No. 1, dated June 3, 1994 Address: 3~tcS""/~OY,a}(-- 0.200.._% ~L-~. 330~ OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LE A ESCRI TION NOT A SURVEY PROJECT NO,-____5_Q.LD_L PROJECT PARCEL NO,.___/_Q~ TAX PARCEL NO.-J~Lg.2aN~:LOZ)~_ I 'ItttE NOWIll FIFI'Y (50') FEET OF TI(ACT 90 OF THE PLAT THEILEOF, GOLDEN (;ATE ESTATES,UNIT 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF TIlE PUIILIC RECORDS OF COLLIER COUNTY,FLORIDA. SAID TRACT CONTAINS 16500 SQUARE FEET OR ,379 ACRES MORE OR LESS, PARCEL 108 PROFESSIONAL L~ND SURVEYOR N2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNNIENI' COMPLEX 3.7,01 E TAMIAMI TRAIL NAPLES, FLORIDA 34112