Loading...
Parcel 144Project: Immokalee Road/60018 Parcel No.: 144 Folio No.: 00213240000 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (herei~nafte~r reJerred to, as the "Agreement") is made and entered into this ~ day of ~._.~..~ 2002, by and between HAZEL GRIFFIN, an unmarried person (hereinafter referred to as "Owner"), whose address is 4401 19th Place S.W., Naples, Florida 34116, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (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 holds a Life Estate in the Property; and WHEREAS, upon the death of Owner, title to the Property shall vest with Clarence Griffin and Jewel Griffin, husband and wife, in accordance with the provisions of that certain Warranty Deed recorded in the public records of Collier County, Florida, in OR Book 1240, Page 326; 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: The above recitals are true and correct, and by this reference are incorporated herein. Owner shall convey the Property to Purchaser via Warranty Deed, properly executed by Hazel Griffin, and Clarence Griffin and Jewel Griffin, husband and wife, for the sum of $26,400.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment 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. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments, including but not limited to a Waiver of Interest and Proceeds executed by Clarence Griffin and Jewel Griffin, husband and wife, and all necessary mortgage releases and/or judgment satisfactions, 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. The parties agree that time is of the essence in regard to the closing. Consequently, this Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within forty-five (45) days from the date Purchase Agreement Page 2 o 10. 11. Purchaser executes this Agreement; 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, as described in Paragraph 2 above. Conveyance of the Property by 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 are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 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. 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 Properly 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. 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 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording 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 securing from mortgagee(s) and/or judgment creditor(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. 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. 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, Purchase Agreement Page 3 12. 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.) This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS_~HEREOF, the parties hereto have executed this Agreement on this ~',,~/., day of ~-.~t~ ,2002. Property acquisition approved by BCC pursuant to Resolution No. 2001-450, November 27, 2001. AS TO PURCHASER: DATED:' ,:;'D~G'HI,6. B~CK, Clerk Attest :as, to Chai~,8 BOARD OF COUNTY COMMISSIONERS JAM~S N. COLETTA, Chairman AS TO OWNER: ~//'Witne'ss (S~na~-ure) -- - ~ (Print' or Type)/,-,,, Witness (Signature) . Name (Print or Type) HAZEL GRIFFIN Approved as to form and leg/a~ suffici~ncy~: //] /, Ellen T. Chadwell Assistant County Attorney IMMOKALEE 'ROAD .___ ,S.R. 846 'R/W Notes: 1. Thls Is not a survey. 2. Baals of bearing is N/A. 5. Subject to easements, raservaUons and restrictions of record. FEE SIMPLE INTEREST. : PARCEL #144 EXHIBIT 0 50 t00 15C 660' --*- NOT TO SCALE: DESCRIPTION: The NortharJy 79.18 feet of tho followlng described parcel. Commencing at the North one-quarter corner of Section 2g,Townahlp 48 South, Range 27 East, Collier County, Florida. Thence 1'South 32'29" East, 100,05 feet to the Southerly Boundary or Right of Way Line off State Road 846, thence North 86'49'48" East along said Rlght of Way Line 680.00 feet to the paler of beginning, thence South 1'52'2g" East 560.00 feet, thence North 86'49%6" Eoat 186.09 feet, thence North 1'20'20" West 560.00 feet to the Southerly Right-of-Way of State Rood 848, thence South 86'49'46" West clang said Right-of-Way Line 166.81 feet to the point of beginning. Containing 0.503 acres more or lees. DASD J:')J~'A~.M. (~OR mE 'mM) NOT VALID W[THi~UT THE:SiONATU'R'E AND THE ORIGINAL RAISED SEAL. OF.:A FLORIDA LICENSED SU R VE YOR" ',,~ND.. · MAPF~ER REVISED 5/1/02 SCALE AS NOTED DATE 10/01 SKETCH AND DESCRIPTION,. WILKISON &: ASSOCIATES INC.~ ENGINEERS, SURVEYORS AND' PLANNERS 3506 EXCHANGE AVE, NAPLES, FLA. 34104 (941) 643-:2404 FAX NO. (941) 645-5175 FLORIDA BUSINESS LICENSE NO, LB5770 SEC/SUB 29/4§/'27 SHEET 1 OF1 , W.O, NO. 0014.1 FB .PO DRAWN BY" EAW CHECKED BY DdH FILE NAME O0-018-OO. DWG DWG. NO. IR-L-144 ,/ MEMORANDUM DATE: October 29, 2002 TO: Ellie Hoffman, Senior Clerk Clerk of Courts Minutes & Records ,~Margaret Kreynus, Property Acquisition Specialist FROM: · ,:~ TECM - Right-of-Way Immokalee Road Warranty Deed - Parcel No. 144 Hazel Griffin, Clarence Griffin and Jewel Griffin With regard to the above-referenced project, please find attached one (1) original recorded Warranty Deed, and one (1) original recorded Waiver of Interest. You have previously received the original Purchase Agreement. The Board of County Commissioners of Collier County, Florida approved the acquisition by Gift & Purchase in Resolution No. 2001-450, Item No. 16[B]5), dated 11-27-2001. The Board of County Commissioners of Collier County, Florida approved the acquisition by Condemnation Resolution No. 2002-163, Item No. 10C, dated 3-26-2002. If you have any questions or comments, you may contact me at 213-5846. Thank you. Attachments as stated CCi Inventory File w/attachments Project Contractor's File w/attachments Project: Immokalee Road 60018 Parcel: Griffin/144 Folio: 00213240000 WARRANTY DEED 3061694 OR: 3131 PG: 0698 RECORDED in OPFICIAL RECORDS of COLLIER COUNTY, FL 10/15/2002 at 10:ITAM DWIGHT E. BROCK, CLERK CONS 26400.00 REC FE~ 19,50 Retn: MARGARET J KERYMUS TRANSPORTATION DIVISION THIS WARRANTY DEED made this <:~'~ day of ~--~1L- , 2002, by, HAZEL GRIFFIN, an unmarried person, whose post office address is 4401 19th Place S.W., Naples, Florida 34116, and CLARENCE GRIFFIN and JEWEL GRIFFIN, husband and wife, whose post office address is 11740 Immokalee Road, Naples, Florida 34120, (hereinafter singularly or collectively referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WlTNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. This is the Homestead property of Hazel Griffin (Grantor) and is adjacent to the Homestead property of Clarence Griffin and Jewel Griffin (Grantor). TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple fOrever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. .~/.I.TNESS ES: "'(Print Full Name) throat of condemnation and is aa~empl from documentary stamp lax. HAZEL GRIFFIN THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMi~ON~ COLLIER COUNTY, FLORIDA, PURSUANT TO THE PROVI~. OF RESOLUTION NO. J-;¢~' OR: 3131 PG: 0699 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Warranty Deed was acknowledged before me this ~:~' ! day of  2002, by HAZEL GRIFFIN, who is..~.ersonally known to me or ced as identification. (affix notarial seal) (Sign~ure oi Notary Public) NOTARY PUBLIC Serial/Commission ff (if any): My Commission Expires: CLARENCE GRIFFIN STATE OF FLORIDA COUNTY OF COLLIER c. The !oregoing Warranty Deed was acknowledged before me this ~__~ day of ~ , 2002, by CLARENCE GRIFFIN, who is p~rsonally known to me or has produced as identification. -- (affix notarial seal) c) Serial / Commission # (if any): My Commission Expires: OR: 3131 PG: 0700 W(~NESS~ (S'~uFe) (Prink Full Name')' (Print Full Name) JEWEL GRIFFIN STATE OF FLORIDA COUNTY OF COLLIER The foregoing Warranty Deed was acknowledged before me this '5. ~, day of ~ , 2002, by JEWEL GRIFFIN,., who is personally known to me or has produced as identification. - (affix notarial seal) (~natu/e of Notary P-.u~lic) Notary Public, State of Florida Serial / Commission # (if any): My Commission Expires: E] ]en T, £hadwell FEE SIMPLE INTEREST PARCEL # 144 IMM_..~OKALE~E RO_~_AD ~ S.R. 846 Notes: 1. This Is not a survey. 2. Basls of bearlng is N/A. 3. Subject to easements, reservations and restrlctlons of record. N 0 50 100 15C ---- / ~. 166.61' 660' --, / -,--- / o NOT TO SCALE: DESCRIPTION: The Northerly 79.18 feet of the following described parcel. Commencing at the North one-quarter corner of Section 29,Township 48 South, Range 27 East, Collier County, Florlda. Thence 1"South 32'29" East, 100.05 feet to the Southerly Boundary or Right of Way Llne off State Road 846, thence North 86'49'46" East along said Right of Way Line 660.00 feet to the polnt of beglnnlng, thence South 1'32'2g" East 560.00 feet, thence North 86'49'46" East 166.09 feet, thence North 1'20'20" West 560.00 feet to the Southerly Rlght-of-Way of State Road 846, thence South 86'49'~6" West along seld Right-of-Way Line 166.61 feet to the point of beginning. Containing 0.303 acres more or less. SCALE DAVID J:'~i~A~.M. (FOR THE FIRM) FLA. LIC.b~lO~41 ' i '- NOT VALID ~'~THOUT THE.:SiGNATijRE AND THE ORIGINAL RAISED SEAL. OF;A~ FLORIDA LICENSED SURVEYOR' .AND.MAPiSER SKETCH AND DESCRIPTION' WILKISON & ASSOCIATES INC. M ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 FILE NAME REUSED 5/1/02 AS NOTED DATE DRAWN BY' SEC/SUB 29/4-8/27 SHEET 1 OF1 · W.O. NO. 0014.1 FB PG EAW CHECKED BY DJH 00-018-OO.DWG DWG. NO. IR-L-144- WAIVER OF INTEREST This Waiver of Interest is given this ~q.b, day of ~ ,2002, by CLARENCE GRIFFIN and JEWEL ~-~i-FFIN, husband---' ~---'and wife (hereinafter collectively referred to as "Owners") to COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County"). WHEREAS, the Owners, have caused to be recorded in the public records of Collier County, Florida, a Warranty Deed (O.R. Book 1240, Page 326), which created a remainder estate for the Owners in certain lands necessary for the construction of the six-laning improvements to Immokalee Road, (hereinafter referred to as the "Remainder Estate"); and WHEREAS, County seeks to acquire a fee simple interest in certain real property required for the construction of improvements to Immokalee Road, (see legal description of said property marked Exhibit "A" which is attached hereto and made a part hereof), hereinafter referred to as the "Property;" and WHEREAS, Collier County has entered into a Purchase Agreement with Hazel Griffin, who holds a Life Estate in the Property; and WHEREAS, the Owners desire to convey their interest in the Property to the County in conjunction with the life tenant, Hazel Griffin; and WHEREAS, the parties hereto desire that the proceeds from the sale of the Property to County shall be paid solely to Hazel Griffin; and WHEREAS, the Owners intend for the County to rely upon this Waiver of Interest and to disburse all sales proceeds to Hazel Griffin, free and clear of any claim of interest in or to the proceeds; and NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owners hereby authorize the County to disburse all proceeds from the sale of the Property to Hazel Griffin and hereby waive any and all interest they may have in the Property and any claim they may have to said proceeds from the sale of the Property to County. IN WITNESS WHEREOF, Owners have caused this Waiver of Interest to be executed on the date written above. Witnesses: Name) (Print Full Name) CLARENCE GRIFFIN STATE OF FLORIDA COUNTY OF COLLIER The foregoing was acknowledged before me, the undersigned, by CLARENCE GRIFFIN, who is_personally known to me or who p_roduced as identification on this ~ oq, L~ day of~ 2002. ~'ary/Stat~c.o~ ~ Print Nam.e: '-' ,~o~n.~. Yo My OR: 3131 PG: 0696 ~/[t~esse~s ~/,~ (~gn~t u-r~) (Print Full Name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing was acknowledged before me, the undersigned authority, by JEWEL GRIFFIN, who i._s personally knnwn tn~me or who produced as identification on this ~:~ day of ~ 2002. ,/~b~C- I~°tary)'~;~te ~(~f~'lorida ~ l~rint Name: ,~,.~. ~ GRETCHENG. MAYO No~ Pu~ S~te of Florida My Commission T ~% I"' ~. expires May 27, 2~6 / ~ I .o..D ~ Assistant Counter Attorney ~11en T. Ch&dwell iMMOKALEE_'ROA____D S.R. 846 Tn,: d Notes: I. This Is not a survey. 2. Basle of bearing la N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: The Northerly 79.18 feet of the following described parcel. " Commencing at the North one-quarter corner of Section 29,Townehlp 48 South, Range 27 East, Collier County, Florida. Thence 1'South 32'29" East, 100.05 feet to the Southerly Boundary or Right of Way Line off State Road 846, thence North 86'49'48" East along sold Right of Way Line 880.00 feet to the point of beginning, thence South 1'32'2g" East 560.00 feet, thence North 86'~g'~6" East 186.09 feet, thence North 1'20°20" West 560.00 feet to the Southerly Right-of-Way o¢ State Road 846, thence South 88'49'46" West along sold Right-of-Way Line 186.81 feet to the paint of beglnnlng. Containing 0.303 acres more or less. REVISED 5 SCALE AS NOTED DATE FEE SIMPLE INTEREST. .. PARCEL #144 680' ----- EXHIBIT Pam__Z_ ob.L/ 29/48,/27 SH~T~ 1 OF1 0 50 100 15C =-/ =.. 18e.61" NOT TO SCALE; DAVID J:~.,J,~A~M. ~FOR 'I:HE 'FIRM) FLA. LIC.~,flO~4. . . ... NOT VALID W[TH{3UT THE.:SI(~NATIJRE AND THE ORIGINAL RAISED SEAL. OF:A' FLORIDA LICENSED SU R VE YOR'/,AND.: .,MAPF~ER SKETCH AND DESCRiPTiON,"'.' WILKISON & ASSOCIATES 00-018-OO. DWG DWG, NO. ENGINEERS, SURVEYORS AND' PLANNERS 3506 EXCHANGE AVE, NAPLES, FLA, 34104. (941) 643-~2~04 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. LB5770 W.O. NO. DRAWN BY" FIL~E NAME 0014,1 EAW FB P~G CHECKED BY DJH IR-L-144 Project: Immokalee Road/60018 Parcel No.: 144 Folio No.: 00213240000 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (herei~fte.~r re,~erred to as the "Agreement") is made and entered into this ~ day of r,,_~~ ,2002, by and between HAZEL GRIFFIN, an unmarried person (hereinafter referred to as "Owner"), whose address is 4401 19th Place S.W., Naples, Florida 34116, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (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 holds a Life Estate in the Property; and WHEREAS, upon the death of Owner, title to the Property shall vest with Clarence Griffin and Jewel Griffin, husband and wife, in accordance with the provisions of that certain Warranty Deed recorded in the public records of Collier County, Florida, in OR Book 1240, Page 326; 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: The above recitals are true and correct, and by this reference are incorporated herein. = Owner Shall convey the Property to Purchaser via Warranty Deed, properly executed by Hazel Griffin, and Clarence Griffin and Jewel Griffin, husband and wife, for the sum of $26,400.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Properly 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. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments, including but not limited to a Waiver of Interest and Proceeds executed by Clarence Griffin and Jewel Griffin, husband and wife, and all necessary mortgage releases and/or judgment satisfactions, 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. The parties agree that time is of the essence in regard to the closing. Consequently, this Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within forty-five (45) days from the date Purchase Agreement Page 2 o 10. 11. Pumhaser executes this Agreement; 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, as described in Paragraph 2 above. Conveyance of the Properly by 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 padies, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 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, 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 Properly, 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 Properly. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 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 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording 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 securing from mortgagee(s) and/or judgment creditor(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. 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., 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, Purchase Agreement Page 3 12. 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 Properly 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.) This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS_~HEREOF, the parties hereto have executed this Agreement on this ~'/1~/., day of C_¢~~ ,2002. Properly acquisition approved by BCC pursuant to Resolution No. 2001-450, November 27, 2001. AS TO PURCHASER: DATED:. CO ¢:z=, ~, ,z..~... ' .'.:~TT.E,~,~ ': '~..' .; B CK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAM~S N. COLETTA, Chairman AS TO OWNER: DATI=.D,,: , -- /~ // ~.,/Witne'ss (S~nat~ure) - - rName (Print or Type) ~ r~ Withes (Signature) ~._ Name (Print or Type) HAZEL GRIFFIN Approved as to form and leg/a~ sufficifncy,: ~ / Ellen T. Chadwell Assistant County Attorney r 'R/W iMMOK ALE_E:'RO_~AD ---- ,S.R, B~6 FEE SIMPLE INTEREST. PARCEL #144 EXHIBIT~ .... Paee._L_ of__L ,63 Notes: 1. Thls Is not o survey. 2. Basis of bearing la N/A. 3. Subject to easements, raservaUons and restriction, of record. 0 50 100 1501 880' NOT TO SCALE: DESCRIPTI ON:' The Northerly 79.18 feet of the following described parcel. ~ · Commencing ct the North one-quarter corner of Section 2g,Townshlp 48 South, Range 27 East, Collier County, Florida. Thence 1'South 32'2g" East, 100,05 feet to the Southerly Boundary or Rlght of Way Line off State Rood 846, thence North 86'49'48" East along sold Right of Way Line 880.00 feet to the point of beginning, thence South 1'32'2g" East 560.00 feet, thence North. BS'4g'45" East 168.09 feet, thence North 1'20'20" We=t.58.0. O0 feet to the Southerly Right-of-Way of State Road 84§, thence South 88'49'46" West along cold Right-of-Way Line 166.81 feet to the Point of beginning. Containing 0.303 acres more or lees. SKETCH SCALE AS NOTED DATE: ' SEC/Sue DAVID d?.,~AT~.~l~r.M. (FoR THE 'FIRM) NOT VALID WITHGUT THE:SlONAI~R'E AND THE ORIGINAL RAISED SEAL. OF.:.A FLORIDA · LICENSED SURVEYOFi',AN~.:.,MAP~ER AND DESCRIPTION'. WILKISON 'ASSOCIATES INC. am ENGINEERS, SURVEYORS AND' PLANNERS 3508 EXCHANGE AVE, NAPLES, FLA. 34104 (g4.1) 643-'2404 FAX No. (941) 643-5173 FLORIDA aUS~NESS UOENSE NO, La5770 29/4D/27 ... s'~T 1 OF1 0014.1 FB .PO EAW CHECKED BY DJH , FI.LE NAME 00-018-OO. DWG ~WO., No,. IR-L-144 -I