Holaway Purchase Agreement
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Project: Reso\!rce Recovery Park .
Folio No.: 00291640004
PURCHASE AGREEMENT
THIS PURCHASE AGRE~~,ENT (herelQllfilt referred to as the "Agreement") is
made and entered into this ~d8Y of M'l'fY2Qoe, by and between RUSSELL W.
HOLAWAY, Joined by his wife, NANCY HOLAWAY, whose post office addl'ElS$ is
7160 Appleby Drfve, Nl'Iple$, FL 34104-8506. (hereinafter referred to as "Owner"), and
COLLIER COUNTY, a political Sl./bdlvlsion of the Stete of Florida, rts successor.s and
assigns (hE!feinafter referred to 81$ "F'utcf1aser");
WHE.REAS, Purcl'1aser requires 8 fee estate In that l:and described In Exhibit "A"
(hereinafter referred to as the "Property"), located in Collier County, State of Florida,
and being more particularly desoribed as:
THE NORTHEAST "h OF THe SOUTHWEST % OF THE SOUTHWEST %
OF SOUTHEAST ~ OF SECTION 25, TOWNSHIP 49 SOUTH, RANGE
26 EAST, COlliER COUNTY, FLORIDA. $U6JECT TO ACCESS
AND UTILITY EASEMENTS OVER THE: WESTERLY 30 FEET.
WHE:REAS, OWrler de.ires ttJ C<.1nvey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein: and
WHEREAS, Purchaser has agreed to compensa1. Owner for ctlnveYlIlnce of the
Propeny;
NOW THEREFORE, in oonsidGlrllltion of these premises. the sum of Ten Dollars
($10.00), llnd other good aoa velluable C<.1rt$lderation, the receipt l!!tnd sufflcienoy of
which is hereby mutually acknowledged I it is agreed by and between the parties ."
follows:
1. OWner shall convey the Property via Warranty Deed to Purchaser for th. sum of
SEVENTY THOUSAND FIVE. HUNDRED AND NO/100 DOLLARS ($70,SOO),
payable by County Warrant or wIre trl!lnsfer (sl!lid transaction hereinafter referred
to as the ~Clos;ng'. Said payment shall be full compenntion for the Property
conveyed, Including all landscaping, trees, shrubs, Improvements, end fIXtures
located thereon, snd for any damages resulting to Owner's remaining lands, and
for all ,other damages in COl1nectlon with conveyance 01 said Property to
Purohaser.
2. Prior to Closing, Owner shall obtain from the holders of any Iien.s, exceptions
and/or qualifications encumbering the Property, the execution of such Instruments
which will remove or release such encumbrances from the Property upen their
recording in the public records of Collier County, Florida. Owner shall provide
such Instrumenta, properly executed, to F'ureha$er on or before the datI!! of
CIQsing.
3. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (eO) days from the elate Purchaser executes this
Agreemem; provided. however, that Purchaser ~h81l have the UI1Uateral right to
extend the term of this Agreement pending receipt of such Instruments, properly
executed, which 8lth.r remove or release any and all such liens, encumbrances or
qLlBIIflC.el~ons affecting Pl.lrch8lMr', enjoyment of the Property. At Closing,
Purchaser shell deHVElr the County Warrant or wire trans1lllr to Owner and Owner
shall deliver the conveyance Instrumem to Purehaser in a form acceptable to
PWllhaser.
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Purchase Agrwment
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4. Conveyance of the Property ~y OWner is contingent upon no other provisions,
c:onditlo~, or premise. other than those $0 stated herein; and the written
Agreement, Inoludlng ell exhibits attached hereto, shall constlMe the enttre
Agreement and understanding of the parties, and there are no other prior or
contemporaneous wrltten or oral agreemQnts, 1.1l1der1akings, promisee, wanrantles
or covenants not conll'llined herein. . ,
5. Owner is aware and understands that the "offer" to purchase represented by this
Agr1Jement Is $ubject to acceptance and approval by the Beard of Oounty
Commissioners of Collier County, F'lorlda.
e. To the best of Owner's knevMdge, Owner represents lhat the Property and all
uses of the Property have been and presently are In compliance with an Feclerul,
State and Local environmental laws; that no hazardous $ub.tances have been
generated, stored, treat$<;{ or transferred 00 the Property except as specifically
disclosed to the Purchaser; thaI 'the Owner has no knowledge of any spill or
environmental law violation on any property contiguous to or in the vlcfnity 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 fien agalrut the Property or c) any lawsuit, proceeding
or investigation regarding the generation. storage, treatmer'lt, spIH or transfer of
hazardous sub8tances on the Property. This provision shan survive ClosIng and is
not c.teemed s::ltisfled by conveyance of title.
7, Owner shall indemnify, defend, save and ~old harmless the Purchaser against
and from, and to reimburse the Purchaser wfth I'8Ipeet to, any and all d$mages,
claims, liabilities, laws, costs and expenses (IncludIng without limitation
rea8~mable paralegal SInd attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), perll!llties Or fines
, incurred by or asserted against the Purchaser by reason or arising out of the
breach of OWner's representation under Sectfon 6. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
a. The Purchaser shsll pay for all costs of reoording the conveyance inetrument in
the PUblic Reoords of Collier County, Florida, and any property tax proration fl:om
January 1 st of the current year to date of Closing. All other oom associated with
this transaction including but not limited to t/'l!lnsfer, dDcumenttlry and intangible
taxes, and recording costs for any curative Instruments shan be borne ilnd p8id by
OWner. Owner shall be responeible for paying any costs and/or fee. 8S$oclaled
with $$curing from mortgagee(s). and recording in the publk; nKlords of Collier
County, Florida, such full or partial release(s) or $Ati$faction(s) as are necessary
to convey a clear and marketable title to the Property. The cost of a title
comm~ment shall be paid by Purchaser.
9. This Agreement and the terms and provislon$ hereo' shall be ~ illS of the
date this Agreement is executed by both parties and ahall inure to the benefit of
and be binding upon the parties hereto and their respect1vlil heIrs, executors.
personal representatives, 5UCCeSBOt"!l, successor trustees, and/or assIgnees,
whenever the context so requires or admiw.
10. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representatiw capac~ whetsoever for others,
owner .shall make a written public disclosure, aCCOrding to Chapter 286, Florida
Statutes, under oath, of the name and addre38 Of every person having a beneficial
interest in the Property before the Property held In such eapaelty Is conveyed to
Purchaser, its successors and assigns. (If the corporation is registsred with the
Fedel'G1 Securities Iixehange Commiuion Or regishtred pursuant to Chapter 517,
Florida Statutes, whose sto.:::k is for sale to the general public, it is hereby exempt
from the proVisions of Chapter 285, Florida Statutes.)
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11. This Agreement is gO'tlel11W end constnJed In accordanCQ wiltl the laws of the
State of Florida.
.IN WITNESS WHEREOF, lhe parties hereto have executed this Agreement on
thl!l-=t!:h day O~~2009.
Dl;lte Property acquiaition approved by Bee: ..JUJ1e..,Q) Jc::tj::::,
AS TO PURCHASER:
DATED:.~
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,.~O~ltlHt ~': ~CK. Clerk
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. iA$ T9,OWNER:
DATED: C:;/Z.3/d/
Witness (Signature)
Name:
(Flr!"t or Type)
Witness (Signature)
Name:
(prtnt or Type)
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BOARO org,NT'f COMM'2SIO RS
COLLIER TV, FLORIOA _
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BY:
DONNA FIALA, Chairman
J1~a {,J~
RUSSELL W. HOLAWA
NA~~