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Folio 37595380004 Purchase Agreement & Warranty DeedMemorandum TO: FROM: DATE: RE: Minutes & Records Management /o-J Sharman Veger Property Acquisition Specialist Real Estate Services July 21,2003 Area B Booster Station Please find attached one (1) original recorded Warranty Deed and one (1) Agreement for Sale and Purchase for the above referenced project. The Board of County Commissioner of Collier County, Florida approved the acquisition pursuant to Agenda Item 16 C 13, dated June 10, 2003. Please contact me if you have any questions or comments at extension 2622. Thank you. attachments as stated Office of the Real Property Management Department PROJECT: Area B Booster Station FOLIO: 37595380004 Prepared bi: Ellen T. Chad~e11, Esquire Off$ce o¢ the County Attorne~ 3~1 East T~tamt Trail Naples, Florida ~112 (~1) 774~ WARRANTY DEED 32C' 61 OR: 3315 PG: 2830 gCORDllD i~ O~ICIAI, ~CORD$ Of COT. LlllR COUIi?~, 06/13/2003 at 08:~7U! DlllGll? B, BROC[, CL~RI R~C fBll 1§,00 D0C-.?0 322.00 COPIBS 3.00 Retn: PUBD IN?BROFFIC! THIS WARRANTY DEED is made this ~"T'~' day of;REVIE~R ' 2003, by KATHERINE CREVIER and her husband ROBERT C. C , SR. as joint tenants with full rights of survivorship and not as tenants in common, (hereinafter referred to as "Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 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.) WlTNESSETH: 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. 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. (Nitn~,~(Signatu re) Name: -(Prin{or Type) - Witness (Signature¢ Name: ~4,~¢,r~ (Print or type) Katherine Crevier 391 24th Avenue NW Naples, FL 34120 THIS CONVEYANCE' ACCEPTED BY THE BOARD OF C~MTY COHHZSSXONE'RS, COLLZER COUNTY, FLORZDA, -' OR: 3315 PG: 2831 Witness/'(Signature) Name:' C/~.]z}v (Print Or Type) Witness (Signature) Name: :~.u,,~.~,~ (Print or type) 391 24th Avenue NW Naples, FL 34120 STATE OF ~'.~ COUNTY OF ~ The foregoing Warranty Deed was acknowledged before me this g.'7'~'V'day of ~ ,2003 by Katherine Crevier, who is personally known to me or who has ¢'roduced"~~ ..P-. ~ as identification. (affix notarial seal) MY COMMISSION # DD 200619 EXPfRES: June 7, 2007 .':.-',: .. B~'~ed ~m Nmuy Ptd~ Undmwrt~ STATE OF T: ~ COUNTY OF ~ (Si~jnature of Notary Publi~ (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: (if any) My Commission Expires: ~.-7 The foregoing Warranty Deed was acknowledged before me this g'T~'' day of r',-,~._.-, ,2003 by Robert C. Crevier, Sr., who is personally known to me or who hay produced~&~,~,~ :~~ as identification. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: (if any)~ My Commission Expires: L.-'i J Assistant ~ kt~ ~11en T. ~ad~¥i ~ OR: 3315 ~G: 2832 Exhibit "A" Property described as the following: Tract 84, Golden Gate Estates, Unit No. 20, as recorded in Plat Book 7, Page 80, of the Public Records of Collier County, Florida, less the Southerly 594.44 feet and less the Northerly 79.43 feet for Right of Way as described in Official Records Book 3159, Page 184 of the Public Records of Collier County, Florida, and as described by Tax Identification Number 37595380004. Containing 1.65 acres more or less. LESS the southerly six inches (6") of the above referenced property. PROJECT: Area B Booster Station FOLIO NO: 37595380004 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this 1© day of ,._~;~n,~.. ,2003, by and between KATHERINE CREVIER and her husband ROBERT C. CREVIER, SR., as joint tenants with full rights of survivorship and not as tenants in common, (hereinafter referred to as "Owner"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, 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; WHEREAS, Owner desires to convey lhe Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and J~ 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: o Owner shall convey the Property to Purchaser for the sum of $45,969.00, 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. 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. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; 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, 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 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. Purchase Agreement Page 2 o Purchaser shall have thirty (30) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property' is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. , 4. The Property can be utilized for its intended purpose. If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Owner prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notil'y the Owner in writing of its specific ~bjections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of itsJ investigations and the contingencies of this Section shall be deemed waived. 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 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. 8. 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 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title 9. 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. 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. 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 i0 day of ,.Tur',,(. ,2003. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk . .-. , Deputy Clerk AS TO OWNER: DATED: BOARD OF COUNTY COMMISSIONERS COLLI~NT.~TRIDA . TOM HENNING, Chairman ~ D L~.-.,..-,-~...~',,/%,~_,,, witness (Signature) Name: ._~ ~.~.,.-,,~ ~ q,~4.~¢, (Print or Type) Witness~ignat~re) Name: (~,/) 'd//,, /?~. ~/-,,,._~ (Print or'Type) % L,,~,.~,..._ ,~, ,~,,_ Witness (Signature~ Name:,s~.~ ~,,,,~ '4P--~ aA (Print or Type) Witness ~.ignature) Name: ~_.//'~ V' ~ /',~ ~,-/~"~ (Print (Jr Type) Approved as to form and legal., sufficiency: ' ~~LLEN T. CHADWELL Assistant County Attorney K~THERINE CREVIER Pr~BERT C.?6RF- ER, SR.