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Parcel 807 lOB PROJECT: 62081 PARCEL No(s): 807 FOLIO No(s): a portion of 36324760003 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ) 5+ day of r 0 \vu Lk~ ' 2005, by and between PAUL E. DUFAULT AS PERSONAL REPRESEN ATIVE OF THE ESTATE OF GEORGE F. ANSON, whose mailing address is C/o Paul E. Dufault, P.O. Box 1469, Royal Oak, Michigan 48068-1469(hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (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 is authorized to act on behalf of the last surviving owner and 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.aO}, and other good and valuab!e consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1 . All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey good and marketable title to the Property to Purchaser for the sum of $ 95,000.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner 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. Owner hereby authorizes Purchaser to make payment through Midwest Title Guarantee Company of Florida as settlemen~ agent for the disbursement of proceeds incident to said conveyance of the Property. It is mutually understood that the Property is being acquired under the threat of condemnation. 3. 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. Owner will provide sufficient authorization to act on behalf of the Estate of George F. Anson prior to closing, and such other documentation as may be required by the title agent before insuring title to the Property. 108 Purchase Agreement Page 2 4. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within ninety (90) 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 proceeds to Settlement Agent for delivery to Owner and Owner shall deliver the conveyance instrument to Settlement Agent in a form acceptable to Purchaser. 5. 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. 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 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 cCìnveyan:e of title. 7. 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. 8. Purchaser shall pay all fees to record any curative instruments required to clear title, all Personal Representative's Deed recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance recorded against the Property; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance-holder for the protection of its security interest or as consideration for the execution of any release, subordination or satisfaction, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. 9. 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. 108 Purchase Agreement Page 3 10. 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.) 11. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; 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. 12. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS W EREOF, the parties hereto have executed this Agreement on this lçl- day of vv,; ,2005. Property acquisition approved by BCC pursuant to Resolution No. 2004-369, item 10-B dated November 30, 2004. AS TO PURCHASER: DATED:~;)~~~' ;~>-, ,,~" ' :~-- :'" :.>c,~\ ATTEsf:· ;'" ~.) '. (.; " DW tGHT E.~fBÅÖCKr.ClèrR:~ ' \,. -.~ .. i I"~ : ~ - , ;.. -.j . .:-;, ., .#.," ~c'j . (I \ .... ,.- æ . , De vty:C1erk Atte¡t ¡S,t!ti'Cha1run's s1galt¥rt 0A1Jo BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: '1u1- W. ~ Fred W. Coyle, Chairman Purchase Agreement AS TO OWNER: DATED: . Ul/05 ~:~ Witness {Sig Harold J. Robinson Name (Print or Type) Janice A. Thornton Name (Print or Type) Approved as to form and legal ufficiency: lien T. Chadwell Assistant County Attorney > .,/', /Z~~fa~:f(~ R sentative of the Estate of George F. Anson 108 Page 4 107. 7 707 PR010SED R. O. W ~SEMENT \ _1_ .:L I 106.1 l{}B---- ~ -r---- ¡ T rf H o 2$ $0 100 200 GRAPHIC SCALE GOLDEN GA TE ESTA rs UNIT 30, PLA T BOOK 7, AGE 58 106 EAST LINE OF SECTION 29 SANTA BARBARA BOULEVARD EXISTI G 53' EASEMENT FOR . O. W. PURPOSES PER PLA T) GOLDEN GA T£ UNIT 6, PLA T BOOK 5, PAGES 124-134 2 3 4 5 6 '£ SIMPLE KING '0.000 SQlJAR£ FEET 7 1 20' ALLEY (PER PLAT) 22 27 20 79 78 BLOCK 225 ~ 26 25 24 !:1 ~ :to. BLOCK 225 ~ GO DEN GA TE NIT 6, PLA T B OK 5, PAC, S 124- 134 80.00' (PLA T) 55TH TERRACE S. W. GOLDEN GA T£ UNI T 6, PLAT BOOK 5, PAGES 124-134 I g;1 ì BLOCK 224 LEGAL DESCRIPTION BONG ALL OF LOT 23, BLOCK 225, GOLDEN GA T£ UNIT 6, PLA T BOOK 5, PAGES 124-134, COLUER COUNTY, FL ORIDA. CONTAINING 10,000 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS &: RESTRICTIONS OF RECORD. I( I EXHIBIT A ~ ~ cI ... /fOTA SURVEY··· NOT VALID UNLESS SIGNED BY THE SURVEYOR AND SEALED mm THE SURV[YOR'S EMBOSSED SEAL. CERFlFICA TE OF AUTHORllA nON ¡ LB-4J BCANlNr;5 ARC BASED ON NafTH AIiERICAN DA 7V.II tN.A.D) ms.HilO A().AJSTII£NT STAlt PLANe CODI/DINAlr S~mt ((;/I/f)) FOR Fl.0RIDA CAST lOHf. LEGEND: ~ PROPOSED ACQUISITION R.O. W. "" RIGHT OF WA Y PROJECT NO.; tJ2081 PARCEl. NO. : lJ07 Wil.Milleï···~- 1'fIMM1 . ~ . I!coIc¡¡/III . Iù'w¡or:n . L~ Arc:hIIá . TrlNpCrllfian ConIIJIfIII. WlIonMIIter, tic. _ . Fcrl *"" . SnIIIII . /hdftø . T. 3æIJ Bllt1 ~ I1It DI . ,... /t:ri :utIH$1l. !tall IHfHI40 ' Fu JHfHlI . WtHIt _1IIIrrmIr..... CUENT, COt.U£R COUNTY TRANSPORTA17ON, ENGlNECRING " CONSTRUC17ON MANAGEMENT DIVISION TITLE: SI(£TCH AND DESCRIP170N BEING ALL OF LOT 23. BLOCK 225. GOLD£N GATF UNIT 6. PLAT BOOK 5. PAGeS /24-134, COLLIER COUNTY, FLORIDA DATE: PROJECT NO.' SHEET NUIABER, FlLE NO.: 04/2002 N6022-002-010- rDHWP 807 OF xxx 2GG-20J JuJ 11, 2002 - 10: 06: 45 JNAPIERlx. \SLJR\N6022\Skelch or Oescriptions\Subm;lted\2gg203s807.dwg