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Parcels 152FEE & 153FEE Project: 68056 - Collier Boulevard Parcels: 152FEE and 153FEE Folios: 36618000107 and 36618000000 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of ~9(.(~+ . , 20og, by and between PABLO GARCIA, AMRY GARCIA, whose mailing address is 4956 SW 162nd Avenue, Miramar, Florida 33027 (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 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. 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 the Property to Purchaser for the sum of: $50,200.00 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, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Property, and to remove all sprinkler valves and related electrical wiring, and 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. 3. Prior to the 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 shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to the applicable title standards adopted by the Florida Bar and in accordance with law. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and Page 2 instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents"): (a) Warranty Deed; (b) Closing Statement; (c) Grantor's Non-Foreign, Taxpayer Identification and "Gap" Affidavit; (d) W-9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. 4. Both Owner and Purchaser agree that time is of the essence of this Agreement 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, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to Purchaser in a form acceptable to Purchaser. Purchaser shall be entitled to full possession of the Property at Closing. 5. Owner 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. 6. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the Property, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) 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 Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner 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, 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. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. Page 3 (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Property or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the 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, Owner 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 adversely affect the physical condition of the Property or its intended use by Purchaser. (h) 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. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and 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 any of Owner's representations under paragraph 6(h). 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 Warranty 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. In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by Purchaser, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Property is acquired under threat of condemnation. 9. All ad valorem real estate taxes due on the Property during Owner's term of possession, and all maintenance charges and assessments due from Owner, for which a bill is rendered prior to closing, will be charged against Owner on the closing statement. Real Property taxes shall be prorated based on the current year's tax and paid by Owner. If Closing occurs at a date when the Page 4 current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. 10. 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. 11. 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. ) 12. 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. No modification, amendment or consensual cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and Purchaser. 13. 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. 14. 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 the date first above written. AS TO PURCHASER: DATED: (~~l<X5 ATTEST: ',: DWIGtj,J,; 'Hl.8~OG,~jClerk ''"',,'+~' 4 .. ' .. "" ,'~.t'- "",' ~/: " '~,:, ",':',<',.," k -~ . .....!!': '. :'~~I~rk ';f." . S fio " ': . ,l,'{'/ ~ //) ":,'..j "\:}:l<~'t: ." .~ \ {>~"~) .-" ~ '4 '.}/~..~'!.~"~.'~\\}) '\' ~ .,' v,~,~ ,it)....' ,.' BOARD OF COUNTY COMMISSIONERS COLLIER C7TY. FL RIDA . BY:./?";rt_-- TOM HENNING, Page 5 AS TO OWNER: DATED: g fi2:J lu,^ PABLO GARC Se Q t'owe.. up A+fty-r(L~ yAm A f< Y ,e.OD~ I GU;€z.. Me{ '-{I-e..+ 'De La.. To/I"e, Name (Print or Type) Approved as to form and legal sufficiency: ~~~~ ASSIstant C ty Attorney Last Revised: 2/5/08 ~ . ., ~ ... .~ u. '" N W+E EXHIBIT PagIt, I "./1 'I 012.. ~ l !;l i --- ~ " ~ ~ " '" :;> ., ~ !!l ~ s GARCIA OR 4214/758 I II II o o + to <0 ;J! PROPOSED RIGHT OF WAY PARCEL 152FEE 5.775 SQ. FT. !,> . 3 0' '" '" l!l !. ~ TRACT 120 GOLDEN GATE UNIT 1 PLAT BOOK 4, PAGE 73 III ~ .. ~ Q. li' ~ ~ .. g ~ ~ .8 .... :0 ~. ~ ~ ~ ~ S ~ !i' SOU1H LINE SE~ '0 - ;~E SEC~~~G~526 (AS1 ~ 10WNSHIP 49 SOU1H, " ~ .. ~ SOUTH 1/2 Of" TRACT 120 GARCIA OR 4214/758 PROPOSED TEMPORARY I CONSTRUCTION EASEMENT ~ 5'- TRACT 109 -GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 I ! -"-I -Jg II I' II I. o o + .... I ~ o o L,oo' WIDE PER PLAT ;;; o o + "" <0 OR= OFFICIAL RECORDS (BOOK/PAGE) ~ PROPOSED RIGHT Of" WAY r77I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE IL....L...Ll OF THE PUBLIC PER PLAT BOOK 4. PAGE 73 LEGAL DESCRIPTION FOR PARCEL 152FEE A PORTION OF TRACT 120, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. FEE SIMPLE INTEREST THE EAST 35 FEET OF THE SOUTH ONE HALF (S 1/2) OF SAID TRACT 120. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY SCALE: 1"=80' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS o I 40 80 160 I 4JlJil:::~i! nORIOA REG1SmAllON CERTIF'ICATrNO. S301 SIGNING DATE: NOT VA~iD WITHOUT THE ORIQlNAI. SIGNATURE k FWSl:D .EI.IBOSSED SEAL OF A F'LORIOA REGISTERED PROF'ESSIONAI. SURVEYOR AND MAPPER. CONTAINING 5.775 SQUARE FEET. MORE OR LESS. COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSE!? RIGHT OF WAY PARCEL 152FEE COLUER COUNTY, FLORIDA D'lTA ~~ CONSULTING QviI~ ..... ~, ,.I. ... SIxwyiaII: Mippog 6610 Willow Park Drive, SuIIII 200 Naples, florida 34109 Phone: (239) 59Nl575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN 1 SK 152FEE SHEET 1 OF 1 l;- ~ ! N W+E I: I I ~ EXHIBIT PagIt, 2: " Ii 'I 012- ~ :i1 .. 51 ~ p ..-. .. ~ --- ~ o <5 .. ~ o '" i- s I I I L I I \ o o + o N '" !!l ~ " ,. TRACT 119 , ~ ~ 0' !l ~ ~ ~ .. : ~ NORTH 1/2 OF TRACT 120 GARCIA OR 4214/758 r I I I ~ I PROPOSED RIGHT OF WAY PARCEL 153FEE 5,775 SQ. FT. ! ~ ii' ij' il PROPOSED TEMPORARY I CONSTRUCTION EASEMENT--...... TRACT 120 5'- GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 o o + ,.... iO 100' WIDE I PER PLAT--l ~ e f ". g ~ ,~ l} ~ g> it E o ~ ::> o m 0:: lLI :3 o u I 1 : I, I ...J <C ~ GARCIA OR 4214/758 s '" --- ~ <;. ~ !'l .. . '" o o + <D iO OR ,., OFFICIAL RECORDS (BOOK/PAGE) ~ PROPOSED RIGHT OF WAY r77l, ' EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE IL-L..L1 OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 FeE SIMPLE INTEREST LEGAL DESCRIPTION FOR PARCEL 153FEE A PORTION OF TRACT 120, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUN1Y, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUN1Y, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOllOWS. THE EAST 35 FEET OF THE NORTH ONE HALF (N 1/2) OF SAID TRACT 120. CONTAINING 5,775 SQUARE FEET, MORE OR lESS. JjJJJJ; BV, 1~/~ o I BO 40 160 I MICHAEL A. WARD. PROfESSIONAL LAND SURVEYOR FLORIOA R~CISTRATlON CER1lflCl.TE NO. S.rol SIGHING DATE; NOl VAliD WITHOUT THE OflIGIIMl SIGNATURE k RIlISro EMBOSSED sO-Lot A FLORIOA RECISTERED PROFESSIONAL SURVEYOR AND MAPPER. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY SCALE: 1"=80' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 153FEE COLLIER COUNTY, FLORIDA D'lT^~~ CONSULTING CiviHlogmoamg .... ~, ,~ ... SUIveyiDg A: Mappiag 6610 Willow Park Drive, Suite 200 Naples, Ao~da 34109 Phone: (239) 597'()575 FAX: (239) 597.0578 LB No.: 5952 FILE NAME SHEET UNl SK153FEE OF 1 JOB NUMBER 050106.02.00 0006 MEMORANDUM Date: October 15,2008 To: Rebecca Harding TECM/ROW From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Purchase Agreement and Temporary Construction Easement Agreement Attached please find one (1) copy of each document, as referenced above, (Agenda Item #10B), approved by the Board of County Commissioners on Tuesday, November 13, 2007. If you should have any questions, please contact me at 252-8411. Thank you. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP . TO. ACCQMPANY ALLQRIGINAL DQCUMENTS SENT TO. THE Bo.ARDo.F CQUNTY COMMISSIo.NERSQFFICE FQR SIGNATURE Print on pink paper. Attachtopriginal document OfiginaIdocuments should be hand delivered to the Board Office. The completed ro~ting slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) . RQUTING SLIP . . Complete rolJting iines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifth~ document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4,complete thechecklist,and forward to Sue Filson (line #5). . Route to Address~e(s) Office Initials Date . (List in rout\ngorder Clerk of COurt'S Office . - - - - - . (The primary contact is the holder of the original documeritpending BCG approval. Normally the primary contact is the person who created/prepared.the.executive summary. Primary contactinformation is needed inthe event oneofthe addressees above, inc1udingSueFilson, need to contact staffforadditional or missing - information: All original documents needing the BCC Chairml\l1's signature are to be del.ivered to the BCG office only after the BCG has acted to approve the item.) , , '. . NameofPrimaryStilff Rebecca Harding Phone Number 252-5805 Contact . Property Acquisition Specialist Agenda Date Item was Gift & Purchase:Resolution (2007-326) AgendaJtem Number Approved by the BCC November 13, 2007 Type' of Document Purchase Agreement & Attached Tern . Construction Easement Agreement 2 PRIMARYCQNTACT INFQRMATION. 1. INSTRUCTIo.NS & CHECKLIST Initial the Yes column or mark "N/A" ill the Not Applicable column, whfchever is ap ro riate; Oiiginat docmnent has been signed/initialeii for. legal sufficiency. (All documents to be signed by the Chairman, with the exceptionofmostletters, must be reviewed and signed by the Office oftheCounty Attorney. This, inCludes signature pages from ordinances, resolutions, etc. signed'.bythe County Attorney's Office and signature pages from , contracts, agreements, etc. that have been fully executed by all parties except theBCc' Chairman and Clerk to the Board and' ossiblyState Officials.) All handWritten strike-through and revisions have been initialed by the County Attorriey's Office and all other partiesexce t the BeC Chairman and the Clerkto the 130ard The Chairman's sigIlature line date has been entered as the date, of BCe approval of the -docmnent orthe final negotiated coiltractdate whichever is ap licable. ' "Sign here" tabs are placed On the appropriate pages indicating where the Chairman's signature and initials are re uired: Inmost cases (some cbntractsateanexception), the original document andthisroutingslip sho, uld be, provided to Sue Filson in the BCC office within 24 hours of BCe approval. Some documents are time sensitiye an(jrequire forwarding to Tallahassee within a certain time frame orthe BCC's actions arenullifi6d.Beaware of your deadlines! The do~ument was approved by the DeCon (enter date) and allchanges made during the meetirig have been incorporated i theattached,document..The ,Count Attorne 's Office has reviewed the chari es, if a Iicabie. Yes (Initial) N/A (Not, Applicable) 'OJ,,~ ~ " I<#- . , I: Forms/County Formsl BCQformsl Original DocumentsRouting Slip WWS Original 9 .O~ .04, Revised L26.05, Revised 2.:24.05