Parcel 168APROJECT:
PARCEL No:
FOLIO No:
60018
168A
37597640001
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this -~! day of C~~ ,2002, by and between
ARMANDO MORENO, ARMANDO MORENO, JR,, whose address is 2611 Southwest
121st Avenue, Miami, Florida 33175 and MANUEL MORENO, whose address is 5915
SW 112 Court, Miami, Florida 33173, tenants in common, (hereinafter collectively
referred to as "Owner"), 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 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
Properly;
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:
Owner shall convey the Property to Purchaser for the sum of $88,300 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
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.
o
Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within sixty (60) 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, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the conveyance instrument to
Purchaser in a form acceptable to Purchaser.
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.
Purchase Agreement Page 2
10.
11.
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 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 6. 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 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,
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.
Purchase Agreement Page 3
IN WITNESS WHE~ parties hereto have executed this Agreement on this
.~' / day of,,,'~'~ ,2002.
Property acquisition approved by BCC pursuant to Resolution No. 2001-450, November
27t~, 2001.
AS TO PURCHASER:
BOARD OF COUNTY COMMISSIONERS
COLLIERBY: ~
JAMF~~OL'~
AS TO OWNER:
DATED: ,-:~' q";
Witness (Signat/~re) :/
Nam/,e (Print or Type)
W tness (S'~ n ~A'~'re)
Name (Print or Type)
', es (Signature)
Name (~r~t '~r Type)
~itness (Signature~
Name (Print or Type)
ARMANDO MORENO
ARMANDO MORENO, JR.
Purchase Agreement Page 4
Witness (Signature)
Name (~rint or T~ype)
?
Name (Print or Type)
MANUEL MORENO
Approved as to form and
legc~,~ufficiency:
~"'~'e~ T. Chadw~ll - -
Assistant County Attorney
.r'
WEE SIMPLE INTEREST
PARCEL #168A
EXHIBIT
Pa~~ of ~
N
IMMOKALEE ROAD
S.R. 846
86"50'45" E 330.61'
0 5O lO0 150
116
ARMANDO MORENO
ARMANDO MORENO, JR.
MANUEL MORENO
O.R. 932, PG. 466
Notes:
1. This is not a survey.
2. Basis of bearing is plat.
3. Subject to easements,
reservations and restrictions of
record.
4. All dimensions are plat unless
otherwise noted.
Description:
The Northerly 362.98 feet of Tract 116', Golden gate
Estates, Unit 20, as Recorded in Plat Book 70 Page
80, of the Public Records of Collier County, Florida.
Containing 2.754 acres, more or less.
SCALE
AS NOTED
DATE
o/m
,
DAVID J. AT1', .~..~. (FOR
FLA. LIC. ~. 5834 THE FIRM)
NOT VALID WITHOUT THE SIGNATURE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND ·MAPPER
SKETCH AND DESCRIPTION
WlLKISON
ASSOCIATES
I
ENGINEERS. SURVEYORS AND PLANNERS
3506 EXCHANGE AVE. NAPLES, FLA. 34104
(941) 643-2404 FAX NO. (941) 643-5173
FLORIDA BUSINESS LICENSE NO. LB5770
.SEC/SUB
W.O. NO. DRAWN BY
FILE NAME
gGE 20
SHEET
1 OF1
0014.1
FB PG
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CHECKED BY
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DWG. NO.
IR-L-168A
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