Parcel 207MEMORANDUM
TO:
SUE FILSON, EXECUTIVE MANAGER
BOARD OF COUNTY COMMISSIONERS
FROM:
DATE:
Cathrine Lee, Acquisition Specialist
Transportation, ROW
August 7, 2002
RE:
Immokalee Road PH 1, Project 60018
Parcel 207
Attached you will find one (1) Purchase Agreement for execution by Chairman
James N. Coletta concerning the above transaction. Please be advised that
Heidi F. Ashton, Assistant County Attorney has reviewed and approved the
attached document.
The Board of County Commissioners of Collier County, Florida approved the
acquisition by gift or purchase Resolution 2001-450, Item 16B5, dated 11-27-
2001.
Once the Agreement has been executed, please forward same to Minutes and
Records Management, for attestation by the Clerk to the Board.
Thank you.
Attachment as stated
Project:
Parcel No:
Folio No:
Immokalee 60018
2O7
38611720000
PURCHASE AGREEMENT
THIS PURCHASE AGREE~/1ENT (hereinafter referred to as the "Agreement") is
made and entered into this ~'~"' day of ,~ L/v' , 2002, by and between
MICHAEL A. DILILLO, as a joint tenant, sharing a joint tenancy with full rights of
survivorship with MICHAEL A. DILILLO and MARIANNE E. DILILLO, husband and
wife, as Natural Guardians of SUSAN MICHELE DILILLO, a minor child (hereinafter
collectively referred to as "Owner"), whose address is 346 Stock Port Lane,
Schaumburg, IL 60193, 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 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:
Owner shall convey the Property to Purchaser for the sum of $ 6,700.00 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 provided for in Chapter 73, Florida
Statutes.
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.
Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within thirty (30) 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, propedy 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.
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
Purchase Agreement Page 2
10.
11.
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
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.
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 conveyance of title.
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.
The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated
with securing from mortgagee(s), and recording in the public records of Collier
County, Florida, such full or partial release(s) or satisfaction(s) as are necessary
to convey a clear and marketable title to the Property. The cost of a title
commitment shall be paid by Purchaser.
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.
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.)
This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Purchase Agreement Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this ~'~ day of -.-~L~/-7 ,2002.
Property acquisition approved by BCC pursuant to Resolution No. 2001-450, November
27th, 2001.
AS TO PURCHASER:
AS TO OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOI:j;tlDA
__: ·
JAML:~S' N. COLETTA, Chairman
DATED:
Witness (~ignature~
Name (Print or Type)
W~d~Ss (Si~naturo)
Name (Print or Type)
DATED:
Witne~naturo)~
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
~)~ . , ndividually,
~t'nd as Natural Guardian of
SUSAN MICHELE DILILLO
MARIANNE E. DILIL~O, '
as Natural Guardian of
SUSAN MICHELE DILILLO
Approved as to form and
le~a/~sufficiency:
"[EITon T. Chadwell
Assistant County Attorney
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MAHABIR PURAN
~r'-O.R. 2678, PG. 2420
S 00'2050 W 43.37'
IMMOKALEE ROAD S.R. 846
MEMORANDUM
DATE: 9-11-2002
TO:
Ellie Hoffman
Senior Clerk
Clerk of Courts Minutes & Records
FROM:
Cathy Lee, Acquisition Specialist
Transportation Right of Way
Immokalee Road Warranty Deed
Michael Dilillo, Parcel 207
With regard to the above-referenced project, please find attached one (1)
original recorded Warranty Deed. You have previously received the
Purchase Agreement.
The Board of County Commissioners of Collier County, Florida approved
the acquisition by Gift & Purchase in Resolution No. 2001-450, Item No.
16(B)5), dated 11-27-2001.
The Board of County Commissioners of Collier County, Florida approved
the acquisition by Condenmation Resolution No. 2002-125, Item No. 10E,
dated 2-26-2002.
If you have any questions or comments, you may contact me at 213-5848.
Thank you.
Attachments as stated
CC~
Inventory File w/attachments
Project Contractor's File w/attachments
3031612 OR: 3092 PG: 1659
HC01DSD in OFFICIAL HCODS of COLLIIN COUNTt LtL
08/26/2002 at ll:a~ DVI~ B. BROCi, CLSH
Project: Immokalee 60018
Parcel: 207
Folio: 38611720000 Neta:
~_~rl~ ,RANSl)O.ATION/It,Gff O! .!
tltq~l~11, Esquire IITIQONI~- SOUTH
WARRANTY DEED
CONS 6700.00
IlC FBI 19.50
4.00
THIS WARRANTY DEED is made this ~/7~ day of
2002, by MICHAEL A. DILILLO, as a joint tenant, sharing a joint tenancy with full
rights of survivorship with MICHAEL A. DILILLO and MARIANNE E. DILILLO,
husband and wife, as Natural Guardians of SUSAN MICHELE DILILLO, a minor
child whose address is 346 Stock Port Lane, Schaumburg, IL 60193 (hereinafter
referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of
Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail
East, Naples, Florida, 34112 (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors and
assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other valuable consideration, receipt whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit:
See Attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY OF THE GRANTOR
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land
and will defend the same against the lawful claims of all persons whomsoever; and that
said land is free of all encumbrances except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMI~e~)N~,
COLLIER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RE,?~N.~ON NO..;;L~ O ( - ~ 50
OR: 3092 I G: 1660
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
Wit~s (s)gnature) -
'~it'n~,~Zs (signature)
Name (print or type)
SUSAN MICHELE DILILLO
State of: ]/..-,
Countyof: ~
This Warranty Deed acknowledged before me this ~ day of
-/T-~ , 2002 by MICHAEL A. DILILLO, Individually, and as Natural
Gu~{rdiar¢ o~LSUSAN MICHELE DILILLO, who is personally known to me or has
produced ,.~)~-iY'~ /..i(~as proof of identity.
(Affix Notarial Seal)
LAURA ELIZABETH CONLEY l
NOTARY PUBLIC, STATE OF ILLI~'~01$ ~
~tary 'Publi~,
Serial/Commission #:
Date My Commission Expires:
OR: 3092 PG: 1661
N~me~(Print or Type) ,...,
Name (Print or Type)
as Natural Guardian of
SUSAN MICHELE DILILLO
State of: :fL
County of: ~0/~
This Warranty Deed acknowledged before me this 2~/-~h day of
(j, ,2002 by MARIANNE E. DILILLO, as Natural Guardian of SUSAN
MICHELE DILILLO, who is personally known to me or has produced jO~,~s Lza-,~
__ as proof of identity.
(Affix Notarial Seal)
Notary Public
Printed name
Serial/Commission #: z./,7/~ 2 w/~7
Date My Commission Expires: OJA~ =~£' ~ ~"~
OR: 3092. PG: 1662
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IMMOKALEE ~OAD