Salvatore C. GrechTO:
FROM:
DATE:
RE:
Memorandum
Ellie Hoffman
Records Technician III
Minutes & Records Man. agement
J. Kmth Gome
Real Property _ff~dialist
Real Property Nllanagement Department
March 5,2001
Livingston Road Project No.: 60071, Parcel No.: 161/Grech
Please find attached one (1) orieinal Purchase Agreement, one (1) original recorded Warranty Deed
for the above-referenced project.
On November 28, 2000, the Board of County Commissioners of Collier County, Florida approved the
acquisition through Gift and Purchase Resolution No. 2000-447, Agenda Item 8(B)4, and
Condemnation Resolution No. 2000-446, Agenda Item 8(B)l, authorized the Chairman to execute the
Agreement on behalf of the Board of County Commissioners and authorized the acceptance and
recording of the conveyance.
Please contact me at extension 8845, if you have any questions or comments.
Thank you.
Attachments
Mitch Riley, Senior Project Manager, Transportation Engineering and Construction
Management Department w/attachments
Tax Appraiser's Office w/copy of Warranty Deed
Kevin/Project Contractor's File w/attachments
Inventory File w/attachments
Office of the Real Property Management Department
PROJECT: Livingston Road/60071
PARCEL: 161/Grech
FOLIO: 38100880008
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered by and between SALVATORE C. GRECH, a single man,
(hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political subdivision
of the State of Florida, its successors and assigns, (hereinafter referred to as the
"Purchaser");
WHEREAS, the Purchaser requires a fee simple interest in that land described in
Exhibit "A", which is attached hereto and made a part of this Agreement; and
WHEREAS, the Owner desires to convey the above-referenced land (hereinafter
referred to as "Property") for the stated purposes, under the terms and conditions set
forth herein; and
WHEREAS, the Purchaser has agreed to compensate the 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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property to Purchaser by Warranty Deed for the sum
of Twenty Five Thousand Dollars, ($25,000.00). The Owner accepts the above
payment as full compensation for the Property interests taken and for any damages
resulting to the remainder, if less than the entire property was taken and for all other
damages in connection with said Property, including any attorney fees and costs
provided by Chapter 73, Florida Statutes.
2. Purchaser shall pay Owner for the Property by County Warrant (said
transaction hereinafter referred to as the "Closing").
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and that, therefore, said closing shall occur within sixty (60) days of the
execution of this Agreement by Purchaser. At closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the required conveyance documents
to Purchaser in a form acceptable to Purchaser. Owner shall remove, within forty-five
(45) days after closing, any and all property, goods and chattels which are located on
the Property. Purchaser shall provide a list of items to be removed, if any, at closing.
Owner shall indemnify and hold Purchaser harmless from any costs in connection with
the relocation of the identified items.
4. Both Owner and Purchaser agree that the construction of a noise abatement
wall on the property being conveyed is a consideration of the Owner in entering into this
Agreement. Purchaser intends to construct a noise abatement wall on the Property and
on adjoining properties as part of the construction of the Livingston Road project (for
which this property is being acquired); however the parties agree and understand that
Purchaser cannot guarantee the construction of this wall. In recognition of this risk, the
parties hereto agree that in the event this wall is not constructed on the subject
Property, Owner will be entitled to liquidated damages in the amount of $14,400.00. The
parties acknowledge and agree that the damages that will result from the Purchaser's
failure to construct the wall are uncertain and difficult to measure and that the amount
of liquidated damages set forth herein is reasonably related to the loss/damage that
would be suffered by the Owner. The parties expressly agree that Owner's rights to
liquidated damages may not be assigned without the written consent of the Purchaser,
it being the express intention of the parties that these rights to liquidated damages inure
only to the Owner and not to any successors in interest, assignees or third parties.
The parties agree that the recovery of liquidated damages shall be the Owner's
exclusive remedy.
5. Owner shall pay its pro-rata share of taxes, assessments, or other term
expenses of the Property, if applicable, through the day before the closing.
6. Owner 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. The
Owner will, if title is found unmarketable, use diligent effort to correct defect(s) in the
title within the time provided therefor including the bringing of necessary suits. Any and
all documents to clear title to the Property shall be provided to Purchaser on or before
the date of closing.
7. 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 County; 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 County, that the seller 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.
8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless
the County against and from, and to reimburse the County 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 County by reason or arising out of the breach of owner's
representation under Section 7. This provision shall survive closing and is not deemed
satisfied by conveyance of title.
9. Conveyance of the Property, or any interest in the Property, by the 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.
10. 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.
11. The Purchaser shall pay for all costs of recording the conveyance
documents. All other costs associated with this transaction including, but not limited to,
transfer, documentary and intangible taxes, and 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 the obtaining and recording of a Subordination, Consent & Joinder
of Easement and/or Partial Release of the mortgage(s) recorded against the Property
from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser.
12. 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. (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.)
13. This Agreement is governed and construed in accordance with the laws of
the State of Florida.
14. 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. This Agreement shall not be construed as creating
any rights or entitlements in, or as benefiting, any third parties.
Dated Project/Acquisition Approved by
BCC: November 28, 2000
AS TO PURCHASER:
DATE D: ~___~..~.~~ ,~ ~ ~/
".~,'~~',. 'BROCK, Clerk
~' ..:'i., P Y
rk
signature
BOARD OF COUNTY COMMISSIONERS
COLLIER~
BY:
JAME,' . CARTER, Ph.D., Chairman
AS TO OWNER:
DATED: ~- c~"z · c:~ O,-, /
WITNESSES:
First Witn ess_ (S ig natuf, e~
Name: f~/
..--"S'-.e/c o n d 'W i t~e s s .(.81'g n a_tu re)
(Print or type)
~-'/'~,¢~LCCATORE C. GRECH,
Address: 2701 70TM St. SW
Naples, FL 34105
Approved as to form and
legal sufficier/cy:.
ELLE~ T. CHADWELL
Assistant County Attorney
FEE SIMPLE TITLE
SEC TION 50,
PROJECT: NO.
PROJECT PARCEL
TAX PARCEL NO.
TOWNSHIP 49 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION OF PARCEL 161
THE WEST 45.00 FEET OF THE NORTH 180.00 FEET OF TRACT 12, GOLDEN GATE
ESTATES, UNIT NO. 29, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 7, PAGE 57, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
CONTAINING 8100 SQUARE FEET OF LAND MORE OR LESS;
'SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
...SKETCH O.F PARCEL 161 (NOT A SURVEY)
GREY OAKS P.U.D.
(NOT PLATTED,)
SCALE: I" = 50'
~- f5' PROPOSED R.O.W.
+44,37
WEST LINE OF
SECTION 30
O.R, 1147, PG. 12.11
TRACT
'
SECTION LINE AND-~
SURVEY BASELINE
l wEsr 45 PARCEL 161
- -I ......
184+00
+24.37
0.00 --"\
EAST LINE
SECTION 25
30' DRAINAGE
EASEMENT (PLA
SAL VA TORE C. GRECH
O.R. 2036, PG. 2009
12
NORTH 180" TRACT 12
GOLDEN GATE ESTATES UNIT NO. 29
(P.B. 7, PG. 57,)
O.R. 663, PG. 1850
BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE S'r'S~-'tg, EAST ZONE~g~/90.
PREPARED BY: / //
I,II! .o- ,,/:,,/oo 'L,
!lllll;A,.,,, ,. ,,. ,¢,¢¢,:,..A~,O,_,. R..',.,,,,. ,o. ,:,,,
BUlBIBB-.~ - SCALE:',,~" = 50
p DRA BY JAN DATE NOV g l gOg
r~osslunai .nfineers, plunner~, & l~nd 8UF~yors ' ' : ' ·
.~mw ~u~ !-~b I~, ?,1~ 'r.~m~d 'lv~l. x..u, Ih~l.,. I1. I~le! {ltl}lilY-sit3 CHEI~ED BY: WEIA PROJECT NO.: 7841
PROJECT: Livingston Road/60071
PARCEL: 161/Grech
FOLIO: 38100880008
2755977 OR: 2782 PG: 3081
~CO~ED in OF~ICIA~ I~CORDS of COLLIBR COUNTY,
02/27/2001 at 02:34PM DWIGHT S. BROCK, CLBRK
coss 25000.00
RBC ~B! 15.00
COPIBS 3.00
RI~L PIOPIR?Y
IX? 8991
WARRANTY DEED
THIS WARRANTY DEED made this z'-I day of 4-' ~' .< ,,. ~-",'j ,2001,
by SAL. VATORE C. GRECH, a single man,-- (hereinafter called the 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 called the 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 HOMESTEAD PROPERTY
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.
~First Witness .(Signature) ~ ~. _
Name:/~/c.~/,,~c- ~ ~~/-~
/~w(P~r typ~
I%nes~Signatur~-
(Print or type)
Address: 2701 70TM St. SW
Naples, FL 34105
THIS CONVEYANCE APPROVED BY ~
BOARD OF COUNTY COMMI98K)NER~
COLUER COUNTY, FLORIDA,
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO. 7.-e · ~- "~ +% _
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY
COLLIER COUNTY, FLORZDA,
DATED: tt- 2.~,. ~) ZTEM NO. ,
OR: 2782 PG: 3082
STATE OF
COUNTY OF ~-'--~ ~-"~
/.The foregoing WARRANTY DEED was acknowledged before me this ~.-"f - day
of '~,Z~¢,~,u¢~ , 2001 by SALVATORE C~ GRECH, a single man, who is
personally kndwn to me or who has produced 0,.,v.~-.,,.~ ,.-,c~..~ [type of
identification] as identification.
(affix notarial seal) ~~~ ,..~,.-,~~ ~ ~/.
/'~.,91'gnature of No{ap~Public)
(Print Name of Notary Public)
~.~. ,~....# ~x.,~,_ ,N~i! a. 2004 NOTARY PUBLIC
', , . _"t.,~, Serial/Commission #:(if any)
;~.,~' *~,.,c~,,,,~.~,~ My Commission Expires:
p~eoared byt
Hetdi F. Ashton, Esquire
Office of the County Attorne$
3301 East Tamiami Tratl
Naples, Florida
FEE SIMPLE TITLE
*** OR: 2782 PG: 3083 ***
EXHIBIT
SEC T/ON 30,
PROJECT: NO. 6007)
PROJECT PARCEL ~IQ: ~
TAX PARCEL NO. ~C
TOWNSHIP 49 50UTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
DESCRIPTION OF PARCEL 161
THE WEST 45.00 FEET OF THE NORTH 180.00 FEET OF TRACT 12, GOLDEN GATE
ESTATES, UNIT NO. 29. ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 7, PAGE 57, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
CONTAINING $100 SQUARE FEET OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SKETCH OF PARCEL 161 (NOT A SURVEY.)
GREY OAKS P.U.D.
(NOT PLATTED)
SCALE: I" = 50'
F 15' PROPOSED R.O.W.
182+00
+44.37 SECTION LINE AND-
O. O0 x
\ SURVEY BASELINE
I "
WEST UNE or-,/ I I
SECTION 30
1211
TRACT!
O.R. 1147, PG.
184+00
WEST 45'
PARCEL 161
PROPOSED R.O. W, -~
SAL VA TORE C. GRECH
O.R. 2056, PG. 2009
12
NORTH 180"' TRACT 12
GOLDEN GATE ESTATE5 UNIT NO. 29
(P.B. 7, PG. 57)
EAST LINE OF '-~
+24.57 SECTION 25
0.00 '"\ N 00'16'00"W
t "~ 130' DRAINAGE
EASEMENT (PLAT)
O.R. 66,.3, PG. 1830
ARE BASED ON THE FLORIDA STATE PLAN COORDINATE S'FS~'A,i, EAST Z~
BEARINGS
PREPARED BY: / //
,,n,,.-' E, Jg3ASIL~I:__ ·
ii" 6/21/oo
. DRA~Y: JAN DATE: NOV, g. 1999
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