Parcel 102FEE (Portion of Folio #00729880006) PROJECT: 60215 — Triangle Blvd. — Price St.
PARCEL: 102FEE
FOLIO NO.: Portion of 00729880006
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT is made and entered into on this Y- day of
���,r , 2020, by and between JOANN MAZDAI, individually, and as
Trustee under the Abouzarjomehr and Joann Mazdai Living Trust, dated March 17, 2017,
whose mailing address is 728 Ridge Gate Dr, Brownsburg, IN 46112, (hereinafter referred
to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney,
Suite 800, Naples, Florida 34112 (hereinafter referred to as "Purchaser").
WHEREAS, Purchaser desires to purchase a portion of Seller's property as
described on attached "Exhibit A"which is incorporated herein by reference, together with
all structures and improvements thereon (hereinafter referred to as "the Property"); and
WHEREAS, Seller has agreed to sell, and Purchaser has agreed to purchase the
Property subject to the terms and conditions that follow.
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. AGREEMENT
In consideration of the purchase price and upon the terms and conditions hereinafter set
forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property.
2. PURCHASE PRICE
The purchase price (the "Purchase Price") for the Property shall be one thousand and
00/100 DOLLARS ($1,000.00) (U.S. Currency) payable at time of closing. The Purchase
Price, subject to the apportionment and distribution of proceeds pursuant to Paragraph
3D of this Agreement, shall be full compensation for the Property conveyed, including all
structures, improvements, fixtures, landscaping, trees, and shrubs, located thereon, and
shall be in full and final settlement of all claims against the Purchaser, including all
attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida
Statutes. None of this Purchase Price is attributed to any personal property.
3. CLOSING
A. TIME IS OF THE ESSENCE. Therefore, the Closing (the "CLOSING DATE",
"DATE OF CLOSING", or "CLOSING") of the transaction shall be held on or before
one hundred twenty (120) days following execution of this Agreement by the
Purchaser or within thirty (30) days of receipt by purchaser of all fully executed
closing documents and documents necessary to convey marketable title free of any
liens, encumbrances, exceptions, or qualifications, whichever is later, unless
extended by mutual written agreement of the parties hereto. The Closing shall be
held at Collier County Growth Management Department, Transportation Engineering
Division, 2885 Horseshoe Drive South, Naples, Florida 34104. Purchaser shall be
entitled to possession at the time of Closing, unless otherwise provided herein.
B. Seller 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.
Within ten (10) days of the Effective Date of this Agreement, Seller shall provide
Purchaser with a copy of any existing title insurance policy and survey. Three (3)
weeks before the Closing, the Seller shall cause to be delivered to the Purchaser
any documents necessary to convey marketable title and the following documents
and instruments duly executed and acknowledged, in recordable form:
. General Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
2. Combined Purchaser-Seller closing statement.
3. A "Grantor's Non-Foreign, Taxpayer Identification & "Gap" Affidavit" as
required by Section 1445 of the Internal Revenue Code and as required by
the title insurance underwriter in order to insure the "gap" and issue the
policy contemplated by the title insurance commitment.
4. A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service.
5. Such evidence of authority and capacity of Seller and its representatives to
execute and deliver this Agreement.
6. All other documents required to consummate this transaction, as reasonably
determined by Purchaser's counsel and/or title company.
C. At the time of Closing, the Purchaser, or its assignee, shall cause to be delivered
to the Seller a County Warrant or wire transfer in an amount equal to Net Cash to
Seller on the Closing Statement. No funds shall be disbursed to Seller until there is
verification that there has been no adverse change to the state of the title to the
Property since the date of the last title commitment, referenced in Paragraph 5 "Title
Defects" below, and the title company is irrevocably committed to issue the Owner's
title policy to the Purchaser in accordance with the commitment.
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D. Purchaser shall pay all fees to record any curative instruments required to clear
title, and all Warranty Deed recording fees.
E. There shall be deducted from the proceeds of sale all prior year ad valorem
taxes and assessments levied against the parent tract property which remain unpaid
as of the date of Closing.
4. IRRIGATION SYSTEM AND MISCELLANEOUS IMPROVEMENTS
A. Seller agrees to relocate any existing irrigation system (if any) located on the
Property including any irrigation lines, electrical wiring and sprinkler valves, etc.,
prior to the construction of the project without any further notification from Purchaser.
Seller assumes full responsibility for the relocation of the irrigation system (if any) on
the remainder property and its performance after relocation. Seller holds Purchaser
harmless for any and all possible damage to the irrigation system in the event owner
fails to relocate the irrigation system prior to construction of the project.
B. If Seller elects to retain any improvements and/or landscaping ("Improvements")
located on the Property, the Seller is responsible for their retrieval prior to the
construction of the project without any further notification from Purchaser. Seller
acknowledges that Purchaser has compensated Seller for the value of the
improvements located on the Property, and yet Purchaser is willing to permit Seller
to salvage said improvements as long as their retrieval is performed before
construction and without interruption or inconvenience to Purchaser's contractor. All
Improvements not removed from the Property prior to construction of the project
commences shall be deemed abandoned by Seller.
This provision shall survive Closing and is not deemed satisfied by conveyance of
title.
5. TITLE DEFECTS
Upon execution of this Agreement by both parties or at such other time as specified within
this Section, Purchaser and/or Seller, as the case may be, shall perform the following
within the times stated, which shall be conditions precedent to the Closing:
A. Within forty-five (45) days after the Effective Date hereof, Purchaser shall
obtain as evidence of title an ALTA Commitment for a Title Insurance Policy with
Florida Modifications covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt
of the title insurance commitment, to notify Seller in writing of any objection to title
other than liens evidencing monetary obligations, if any, which obligations shall be
paid at closing. If the title commitment contains exceptions that make the title
unmarketable, Purchaser shall deliver to the Seller written notice of its intention to
waive the applicable contingencies or to terminate this Agreement.
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B. Upon notification of Purchaser's objection to title, Seller shall have thirty (30)
days to remedy any defects in order to convey good and marketable title, except for
liens or monetary obligations which will be satisfied at Closing. Seller, at its sole
expense, shall use its best efforts to make such title good and marketable. In the
event Seller is unable to cure said objections within said time period, Purchaser, by
providing written notice to Seller within seven (7) days after expiration of said thirty
(30) day period, may accept title as it then is, waiving any objection, or may terminate
the Agreement.
6. TERMINATION AND REMEDIES
A. If Seller shall have failed to perform any of the covenants and promises
contained herein, which are to be performed by Seller, within fifteen (15) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity to
a contract vendee, including the right to seek specific performance of this
Agreement.
B. If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the transaction
contemplated hereby or otherwise fails to perform any of the terms, covenants and
conditions of this Agreement as required on the part of Purchaser to be performed,
provided Seller is not in default, then as Seller's sole remedy, Seller shall have the
right to terminate and cancel this Agreement by giving written notice thereof to
Purchaser, whereupon $500 shall be paid to Seller as liquidated damages, which
shall be Seller's sole and exclusive remedy, and neither party shall have any further
liability or obligation to the other. Notwithstanding anything to the contrary herein
contained, the Purchaser shall have the right to terminate this agreement without
cause, in which event the liquidated damages provisions of this Section 1.6 shall
equally apply, and Seller's sole remedy shall be a claim for payment of $500 as
liquidated damages. The parties acknowledge and agree that Seller's actual
damages in the event of Purchaser's default or termination without cause are
uncertain in amount and difficult to ascertain, and that said amount of liquidated
damages was reasonably determined by mutual agreement between the parties,
and said sum was not intended to be a penalty in nature.
C. The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties and take into account the peculiar risks and expenses of each
of the parties.
7. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
A. Seller has full right and authority to enter into and to execute this Agreement
and to undertake all actions and to perform all tasks required of each hereunder.
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Seller is not presently the subject of a pending, threatened or contemplated
bankruptcy proceeding.
B. Seller has full right, power, and authority to own and operate the Property, and
to execute, deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby. Prior to Closing, and upon the request of
Purchaser or the Title Company, certified copies of such approvals shall be delivered
to Purchaser or the Title Company.
C. The warranties set forth in this paragraph are true on the Effective Date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the
said Property shall not be deemed to be full performance and discharge of every
agreement and obligation on the part of the Seller to be performed pursuant to the
provisions of this Agreement.
D. Seller and Purchaser agree to do all things which may be required to give effect
to this Agreement immediately as such requirement is made known to them or they
are requested to do so, whichever is the earlier.
E. Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at law,
equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property that
could, if continued, adversely affect Seller's ability to sell the Property to Purchaser
according to the terms of this Agreement.
F. No party or person other than Purchaser has any right or option to acquire the
Property or any portion thereof.
G. Until the date fixed for Closing or as long as this Agreement remains in force
and effect, Seller shall not encumber or convey any portion of the Property or any
rights therein, nor enter into any agreements granting any person or entity any rights
with respect to the Property or any part thereof, without first obtaining the written
consent of Purchaser to such conveyance, encumbrance, or agreement which
consent may be withheld by Purchaser for any reason whatsoever.
H. Seller represents that Seller has no knowledge that any pollutants are or have
been discharged from the Property, directly or indirectly into any body of water.
Seller represents the Property has not been used for the production, handling,
storage, transportation, manufacture or disposal of Hazardous Materials as defined
herein, or any other activity that would have toxic results, and no such Hazardous
Materials are currently used in connection with the operation of the Property, and
there is no proceeding or inquiry by any authority with respect thereto. Seller
represents that Seller has no knowledge that there is ground water contamination
on the Property or potential of ground water contamination from neighboring
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properties. Seller represents no storage tanks for gasoline or any other Hazardous
Materials are or were located on the Property at any time during or prior to Seller's
ownership thereof. Seller represents none of the Property has been used as a
sanitary landfill.
I. Seller has no knowledge that the Property, and/or that Seller's operations
concerning the Property, are in violation of any applicable Federal, State or local
statute, law or regulation, or of any notice from any governmental body has been
served upon Seller claiming any violation of any law, ordinance, code or regulation
or requiring or calling attention to the need for any work, repairs, construction,
alterations or installation on or in connection with the Property in order to comply
with any laws, ordinances, codes or regulation with which Seller has not complied.
J. There are no unrecorded restrictions, easements or rights of way (other than
existing zoning regulations) that restrict or affect the use of the Property, and there
are no maintenance, construction, advertising, management, leasing, employment,
service or other contracts affecting the Property.
K. Seller acknowledges and agrees that Purchaser is entering into this Agreement
based upon Seller's representations stated herein and, on the understanding, that
Seller will not cause the zoning or physical condition of the Property to change from
its existing state on the effective date of this Agreement up to and including the date
of Closing. Therefore, Seller agrees not to enter into any contracts or agreements
pertaining to or affecting the Property and not to do any act or omit to perform any
act which would change the zoning or physical condition of the Property or the
governmental ordinances or laws governing same. Seller also agrees to notify
Purchaser promptly of any change in the facts contained in the foregoing
representations and of any notice or proposed change in the zoning, or any other
action or notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
L. Seller represents, warrants and agrees to indemnify, reimburse, defend and hold
Purchaser harmless from all costs (including attorney's fees) asserted against the
Purchaser by reason or arising out of the breach of any of Owner's representations
under Paragraph 7. This provision shall survive Closing and is not deemed satisfied
by conveyance of title.
8. ENTIRE AGREEMENT
A. This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and there are no promises, representations, warranties or
covenants by or between the parties not included in this Agreement. No modification
or amendment of this Agreement shall be of any force or effect unless made in
writing and executed and dated by both Purchaser and Seller.
B. No waiver of any provision of this Agreement shall be effective unless it is in writing
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signed by the party against whom it is asserted, and any waiver of any provision
of this Agreement shall be applicable only to the specific instance to which it is
related and shall not be deemed to be a continuing or future waiver as to such
provision or a waiver as to any other provision.
C. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
D. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invalidity.
E. The Effective Date of this Agreement will be the date of execution of this
Agreement by the last signing party.
9. If the Seller holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Seller
shall make a written public disclosure, according to s. 286.23, Fla. Stat., under oath,
subject to the penalties prescribed for perjury, of the name and address of every person
having a beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (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.)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
AS TO PURCHASER:
DATED: S- /c -o20
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA
Circuit'Court & Corx troIler
BY. r = r
Deputy Clerk BURT L. SAUNDERS, Chairman
Attest as to Chairman's-
signature only:
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AS TO SELLER:
DATED:
JOANN MAZDA!, individually, and as Trustee
under the Abouzarjomehr and Joann Mazdai
Living Trust, dated March 17, 2017
WITNESSES:
((NW41111
(Signat0re) JO4 NN MAZDA g
Sleet\y woo('
(Printed Name)
-�(\(V.10-.eN1/4-1.
(Signature)
(Printed Name)
Approved as to form and legality:
Jennifer A. Belp�di 09) 79
11
Assistant County Atforney ..),,
Last Revised 9/25/2019
8
*** THIS IS NOT A SURVEY ***
PARCEL 102FEE IB
SKETCH
A PORTION OF SECTION 4 TWN 51 RNG 26E
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PARCEL No. 00729880006 � �
Strap No.: 000100 082 6B04
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FJ
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SECTION LINE-�
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Price Street
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EXIST. R/W/ LINE' C1
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LINE BEARING DISTANCE
L1 S 89'42'38" W 40.64'
L2 S 89'00'26" E 11.63'
L3 N 00'59'34" E 42.94' 6 I TRACT
I PB 14 I
CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH PG 2
Cl 17.36' 83.00' 11'59'01" S 73'26'17" E 17.33'
C2 6.82' 8.00' 48'50'26" S 43'01'33" E 6.61'
C3 8.44' 83.00' 5'49'27" S 15'41'37" E 8.43'
C4 25.11' 448.46'_3'12'29" S 11'10'39" E 25.11'
OCT 1 5 1019 -
I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRF..i1ON AND THAT IT
MEETS THE MINIMUM TECHNICAL STANDARDS SET FC,RTH BY THE BOARD OF
THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTEREJ-17.050 THROUGH .052; FLORIDA
SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472 027, FLORIDA STATUTES.
LICENSED SURVEYOR AND MAPPER.
MARK D. McCLEARY, PSM
FLORIDA REGISTRATION No. 655�7�/�
FOR COWER COUNTY C�C/��r/(/L` V�/f`%TC9' ' /„ /e, /...r-/7
DATE SIGNED:
BOARD OF COUNTY COMMISSIONERS TITLE
COLLIER COUNTY, FLORIDA PARCEL 102 FEE
TRANSPORTATION ENGINEERING DIVISION
2885 SOUTH HORSESHOE DRIVE
NAPLES,FLORIDA 34104 1239)252-8192 DATE I PROJ No. ISHEET 1 OF 2 FILE:
1
.ss THIS IS NOT A SURVEY •**
PARCEL 102FEE EXHIBIT
DESCRIPTION EXHIBIT
A PORTION OF SECTION 4 TWN 51 RNG 26E P"'s9".....i .�..�Of.,11M
PARCEL No. 00729880006
Strap No.: 000100 082 6B04
DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 4,TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER
COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF TRACT"G"OF EAGLE CREEK COUNTRY
CLUB,AS RECORDED IN PLAT BOOK 14,PAGE 2 OF THE PUBLIC RECORDS OF COLLIER
COUNTY,FLORIDA.
THENCE S 89°42'38" W A DISTANCE OF 40.64' ALONG THE SOUTH RIGHT OF WAY LINE OF
PRICE STREET AS RECORDED IN OFFICIAL RECORDS BOOK 715,PAGES(1845 & 1846);
THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 17.36', WITH
A RADIUS OF 83.00', WITH DELTA ANGLE OF 11°59'01" WITH A CHORD BEARING OF S
73°26'17" E,WITH A CHORD LENGTH OF 17.33;
THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 6.82', WITH A
RADIUS OF 8.00', WITH DELTA ANGLE OF 48°50'26", WITH A CHORD BEARING OF S
43°01'33" E, WITH A CHORD LENGTH OF 6.61';
THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 8.44', WITH A
RADIUS OF 83.00', WITH DELTA ANGLE OF 5°49'27", WITH A CHORD BEARING OF S
15°41'37" E,WITH A CHORD LENGTH OF 8.43';
THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 25.11', WITH
A RADIUS OF 448.46', WITH DELTA ANGLE OF 3°12'29", WITH A CHORD BEARING OF S
11°10'39" E,WITH A CHORD LENGTH OF 25.11';
THENCE S 89°00'26" E A DISTANCE OF 11.63' TO A POINT ON THE WESTERN LINE OF
TRACT"G" OF SAID PLAT;
THENCE N 00°59'34" E A DISTANCE OF 42.94' ALONG SAID LINE TO THE POINT OF
BEGINNING,
HAVING AN AREA OF 756.31 SQUARE FEET,0.017 ACRES.
BASIS OF BEARINGS:EAST LINE OF SECTION 4 BEARS N 00°59'34" E.
TECIY1 - ROW
OCT 1 5 21119
I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND THAM IT
MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF
THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 THROUGH .052, FLORIDA
SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES.
LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY, PSM
FLORIDA REGISTRATION No. 6�5557�
FOR COLDER COUNTY `Tt,IILL.+
DATE SIGNED:
BOARD OF COUNTY COMMISSIONERS TITLE
COLLIER COUNTY, FLORIDA PARCEL 102 FEE
TRANSPORTATION ENGINEERING DIVISION
2885 90275 202929222 DRIVE
SAPIl9,RDRIDA 3{10{(238):�-0192 DATE I PROJ No. (SHEET 2 of 2 (FILE: