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Edward R. NicholsMemorandum TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM: TONI A. MOTT, SUPERVISOR ~,,~ RF~,E PROPERTY MANAGEMENT DATE: OCTOBER 23, 2000 RE: SALE OF GOLDEN GATE ESTATES PROPERTY Attached you will find one (1) Real Estate Sales Agreement for execution by Chairman James D. Carter, Ph.D., concerning the above transaction. Please be advised that the County Attorney's Office has reviewed and approved the attached document. Resolution 2000-21 authorizing the Chairman of the Board of County Commissioners to execute the Real Estate Sales Agreements was approved and executed on January 25, 2000, Item 16(D)(2). Please forward the Real Estate Sales Agreements to Ellie Hoffman, Records Technician II1, Minutes & Records, for attestation. [Note: Ellie, after attestation of said documents, please call extension #8991 for document pick-up as the Real Property Management Department will record all necessary documents on the date of closing. ] Thank you. Attachment as stated SALES AGREEMENT II (Parcel 99) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into thiso~tg'~ day of (~;~'o , 2000, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and EDWARD ~, NICHOLS, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The East 220 FEET, LESS PARCEL OF LAND 200 feet by 200 feet, of Tract 92, Golden Gate Estates, Unit 80, according to the plat thereof as recorded in Plat Book 5, Page 18, of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be THIRTEEN THOUSAND NINE HUNDRED FIFTY ($13,950.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of ONE THOUSAND THREE HUNDRED NINETY-FIVE ($1,395.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated appraisal fee in the amount of $125.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and acknowledges to and agrees with SELLER that BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever fi'om or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT: TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYERtS default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10.~ Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOS1NG Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant 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. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as cimumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs,' executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. In the event of the institution of legal proceedings in connection with this Agreement, the party prevailing therein shall be entitled to recover the costs and expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees. L. Possession of the Premises shall be delivered to the BUYER at closing. M. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. N. This Agreement is between SELLER and BUYER and no other party shall, under any cimumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. O. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. P. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to thc Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. Q. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. None 1N WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. Attest as to chafrman,s slgnetuee BOARD OF COUNTY COMMISSIONERS BY: { ~J/_.,~/'~ ,James D. ~ CHAIRMAN Approved as to legal V'E]]en T. Chac~x~e~l - Assistant County Attorney AS TO BUYER: DATE: ness (sigdature) (print n~e) ness (~a~re) (phnt name) EDWARD g. NICHOLS STATE OF COUNTY OF The foregoing Real Estate Sales Agreement was ac~owl~dged betor~ m~ this [~ day S, 2000, by EDW~ ~. ~CHOLS, who is p~rsonally ~own to me or who has produced ~ as identification. (affix notarial seal) FRANCES M. HARMEL ~ NOTARY PgBLIO,MIN N E$O?A Signature of Notary Bdblic Print Name J Commission Number My Commission Expires: ~, 2000. (Initial Deposit $~"/Appraisal $ I ,_~("~ / Additional Deposit $ L-~CL~'. ~'Processing Fee $50.00 Memorandum TO: Ellie Hoffman Records Technician III Minutes & Records Management FROM: Toni A~/Mott x~C$~'~isor ~--' '-' '~ Real Property Management Department DATE: November 22, 2000 Sale of Golden Gate Estates Property Ellie, attached please find one (1) original recorded Statutory Deed and one (1) original recorded Reverter Discharge & Release for the above referenced project. Resolution 2000-21 authorizing the Chairman of the Board of County Commissioners to execute the Real Estate Sales Agreements and Statutory Deeds was approved and executed on January 25, 2000, Item 16(D)(2). Please contact me if you have any questions or comments at 8991. Thank you. attachments as stated Ellen T. Chadwell STATUTORY DEED *** 2708551 OR: 2738 PG: 2571 *** RECORDED in OFPICIAA RECORDS 0f COLLIER COUNTY, FL 11/02/2000 at 08:08AM DWIGHT ~. BROCK, CLERK CONS 13950.00 R~C ~E ~.00 DOC-.70 98,00 COPIES 1.00 MISC 1,00 Retn: REAL PROPERTY EXT 8991 THIS DEED, made this~:~, day of (~ INTER, 0~(~.(~, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to EDWARD R. NICHOLS, having a mailing address of 1475 Osprey Avenue, Naples, Florida 34102-3448, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The East 220 feet, LESS PARCEL OF LAND 200 by 200 feet, of Tract 92, Golden Gate Estates, Unit 80, according to the plat thereof as recorded in Plat Book 5, Page 18, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its n.a,~e~by, its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, .... tl~e day a'fid.year aforesaid. .' DWIGHT~i'BROCK, Clerk Attest as to Chairman' s Signature on15. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:~-- C -'~"" -- James D. ~rter,Ph.D. , CHAIRMAN ~;.~/~_~~~App e f gal sufficiency Assistant County Attorr, e.¥ Ellen T. Chadwell ~o,~,O OF COUNTY COMMISalONER~ p~red by: Ellen T. Chadwell, Ese Afftce oq the Count) 3301 East Tamtamt Tra~ ~aples, Florida 34112 (941) 774-8~ *** 2708550 OR: 2738 PG: 2570 *** RECORDED in O~HCIAI, RECORDS of COLLIRR COUNTY, FL 11/02/2000 at 08:OSAM DWIGHT E. BROCK, CLERK REC FEE 6.00 COPIES I. O0 Retn: REVERTER DiSCHARGE&RELEAS[3A~ PROPER?¥ BXT 8991 KNOW ALL MEN BY THESE PRESENTS: Avatar Properties Inc. f/Wa GAC Properties Inc., first party, for and in consideration of the sum of Ten and No/100 ($10.00) Dollars, and other valuable considerations, received from or on behalf of Collier County, a political subdivision of the State of Florida, second party, the receipt whereof is hereby acknowledged, (Wherever used herein the terms "first party" and "second party" shall include all the parties to this instrument and their respective successors and assigns.) HEREBY remises, releases, acquits, satisfies, and forever discharges the first party's reverter right under Paragraph 5 and the first party's right of first refusal contained in Paragraph 8 of the Agreement dated November 15, 1983 between Avatar Properties Inc., f/Wa GAC Properties Inc., and Collier County, a political subdivision of the State of Florida, as recorded in Official Records Book 1340 at Page 270, and all subsequent amendments, thereto, in the Public Records of Collier County, Florida, for the lands described as: The East 220 feet, LESS PARCEL OF LAND 200 feet by 200 feet, of Tract 92, Golden Gate Estates, Unit 80, according to the plat thereof as recorded in Plat Book 5, at Page 18, of the Public Records of Collier County, Florida IN WI NESS WHEREOF, I have hereunto set my hand and seal this 2-(~'4~1 day of ~~t~ ,A.D.,2000. Signe~ sealed and delivered atgr~) ~l~n~r9~;~'~ W'm,,.s ('g ~.~7'1~. ' (print name) AVATAR PROPERTIES INC., a FloriglaxCqrporation _ 'Dennis J. Getr~/ Executive Vice President Avatar Properties Inc .... 255 Alhambra Circle Coral Gables, Florida 33134 (CORPORATE SEAl,) STATE OF FLORIDA: te foregoing Reverter Discharge & Release was acknowledged before me this 2t;'qd)l day of :'('- , 2000, by De~is J. Ge~an, Executive Vice President of Avatar Prope~ies Inc., a Florida co~oration, on behalf of ~e co~oration. H~ is personally ~o~. to me or who ha~roduced KIMBERLY CLARK [ ~ I ~ ~d N~ARY P~UC ~ATE OF ~OR~A [ (Print Na~e o~Nota~)- MY COMMZf: O~t t~XT. ~ 73.2~2J NOTARY P~LIC - S al/Co i sion AppP e as ~ al ufftciency isstsi;~lt County lttor~e,v Ellem T. Chadwel~ Memorandum TO: Ellie Hoffman Records Technician III Minutes & Records Management FROM: ~ ~oni~.. Mott ~e~isor ' Real Property Management Department DATE: March 26, 2001 RE: Sale of Golden Gate Estates Property Ellie, attached please find one (1)original recorded Corrective Statutory Deed for the above referenced project. Resolution 2001-22 authorizing the Chairman of the Board of County Commissioners to execute the Real Estate Sales Agreements and Statutory Deeds was approved and executed on January 23, 2000, Item 16(E)(4). Please contact me if you have any questions or comments at 8991. Thank you. attachments as stated cc: Tax Collector's Office w/attachment The Corrective Statutory Deed is for the purpose of clarifying the legal description as recorded in O.R. Book 2738, Page 2571, on November 2, 2000. Prepared by: Ellen T. Chadwell, Esquire Office ~f the County Attorney 330! East Famiamt Trail Naples, Florida 34X1Z (941) 774-8400 CORRECTIVE STATUTORY DEED THIS DEED, made this/,.~ day of .///~--~4~e,~'/ , 2001, by COLLIER COUNTY, a political subdivision of the State of Florida, hawng a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to EDWARD R. NICHOLS, having a mailing address of 1475 Osprey Avenue, Naples, Florida 34102-3448, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The East 220 feet of Tract 92, Golden Gate Estates, Unit 80, according to the plat thereof as recorded in Plat Book 5, Page 18, of the Public Records of CoUier County, Florida, LESS AND EXCEPT the Nodh 200 feet of the East 200 feet of Tract 92. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, ,,the"~l~i~l~nd ,year aforesaid. ATTEST,.,. ~.:--: ~DWIGHT E.: ~BRO.CK, Clerk Attest as to Chai ' sl at BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ JAMES ~,/CARTER, Ph.D., CHAIRMAN *** 2762732 OR: 2790 PG: 0275 ~-/~ssistant C~unt) Attorne$ Ellen T. Chadwell RBCOI~EB in OFFICIAL EBCOROS of COLLIBR COIlR?Y, FL 03/13/2001 at 12:13PR Dl(IOB? 3. BROCE, CLBBE I~C FBE 6.00 DOC-.70 .70 COPIES 1.00 RISC 1.00 Retn: 8991 THiS CONVEYANCE APPROVED BY THE BOARD OF COUNTY COMMI881C~ COLLIER COUNTY, FLORIDA~ PURSUANT TO THE OF RESOLUTION NO.