Parcel 142
PROJECT:
PARCEL NO:
FOLIO NO:
1689',
62081
142
38169480009
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this ~ day of Miif ' 2004, by and between
NANCY ATWELL, 8 single woman, and KEI H REED, 8 single man (hereinafter
collectively referred to as "Owner"), whose address is 6177 Star Grass Lane, Naples,
FL 34116-6709 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 as: The South
150 feet of Tract 105, Golden Gate Estates, Unit No. 30, according to the plat thereof
recorded in Plat Book 7, Page 58, of the Public Records of Collier County, Florida.
(hereinafter referred to as the "Property"); 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:
1. Owner shall convey the Property to Purchaser for the sum of $315,000.00 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 may be provided for in Chapter 73, Florida
Statutes. The Owner hereby authorizes Purchaser to make payment in the
amount of $315,000.00 to American Government Services Corp., as settlement
agent for the disbursement of proceeds incident to said sale and conveyance of
the Property, and further authorizes the settlement agent to disburse $20,000.00
of the Purchase Price directly to Trust Account, Law Office of Bella Patel, P.A.
2. 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.
3. 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.
Purchase Agreement
Purchase Agreement
1689 '
Page
4. 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.
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 spifl 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 shaU survive Closing and is not deemed satisfied by conveyance 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 for all recording fees for the Warranty Deed, and for any and
all costs and/or fees associated with securing and recording any Partial
Release(s) of any mortgagees) recorded against the property, and for the fees to
record any curative instruments required to clear title, except for any and all costs
and expenses required to secure and record releases and/or satisfactions from
judgment creditors, which fees, costs and/or expenses shall be the responsibility
of the Owner. In accordance with Statutory exemptions prohibiting payment of
documentary stamp taxes by Purchaser, Owner shall pay all documentary stamp
taxes required on the instrument(s) of transfer.
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.
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.)
.-.--.,.
Purchase Agreement
1 b B <tag~ 3 f
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this _ day of , 2004.
Property acquisition approved by BCC pursuant to Resolution No. 2002-442, October
22, 2002.
AS TO PURCHASER:
DATED: M<¡/
ATTEST:
DWIGHT ~;"BOOÇK.. Clerk
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AS TO OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY {fin-rNV d~
Donna tala, Chairman
DA TED:
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Witness (Signature)
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Name (Print or Type)
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NANCY A'rwELL
Witness (Signature)
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Name (Print or Type
AS TO OWNER:
D~:ED:
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Witness (Signature) ~1
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Name (Print or Type)
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KEITH REED
Witness (Signature)
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Name (Print or Ty )
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Approved as to form and
le~fiCienCy:
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Ellen T. Chadwell
Assistant County Attorney
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