Henriette LebrunMEMORANDUM
TO:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
A. MOTT, SENIOR SPECIALIST
PROPERTY MANAGEMENT
DATE: MAY 2,1999
RE:
SALE OF GOLDEN GATE ESTATES PROPERTY
Attached you will find one (1) Statutory Deed for execution by Chairwoman Pamela S.
Mac'Kie concerning the above transaction. Please be advised that Heidi F. Ashton,
Assistant County Attorney, has reviewed and approved the attached document.
The Real Estate Sales Agreement for the property was executed on February 26, 1999.
The closing date for the above sale is scheduled for May 7, 1999.
Resolution 99-60 authorizing the Chairman of the Board of County Commissioners to
execute the Statutory Deeds was approved and executed on January 12, 1999, Item
Please forward the Statutory Deed to Ellie Hoffman, Records Technician III, Minutes &
Records, for attestation.
[Note: Ellie, after attestation of said document, please call extension #8991 for
document pick-up as the Real Property Management Department will record all
necessary documents on the date of closing. Please be advised that I will provide you
with the original Statutory Deed after recordation ]
Thank you.
Attachment as stated
AGREEMENT !! (Parcel 53)
REAL ESTATE SALES AGREEMENT
T.;!:S AGREEMENT made and entered into this z/Z;{', day of ""~ c,.,,..~- , 1999, by and between
C,:i:LLIER COUNTY, a political subdivision of the 'State of Florida, hereiflafter referred to as SELLER, and
h;.~,RIE FTE LEBRUN, hereinafter referred to as BUYER.
¥,} IEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the
ice and on lhe terms and conditions hereinafter set forth.
N~i~\V, TI fEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forlh and other good
a~'.! valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is
ag:ccd by and between the parties as follows:
I. ?REMISES
~ I he real property which is the subject of this Agreement, {hereinafter referred to as "Premises") is legally
&.scribed as:
i The North 105 feet of the North 180 feet of Tract II 8, Golden Gate Estates, Unit 82, according to
tile plat thereof as recorded in Plat Book 5, Page 21, of the Public Records of Collier County,
Florida.
2t SALE and CONVEYANCE
~[ :\. SEI.LER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises
fr{'m SF. LLER, at tile price and upon the other terms anti conditions hereinafter set forth:
i !
I. All of SELI.ER'S right, title and interesl in and to the Premises.
A. Title lo the PREMISES shall be conveyed to BUYER by Statutory Deed.
4; ?URCHASE PRICE,,
~':he Purchase Price ( Purchase Price") for the Premises shall be SEVEN '['tlOUSAND SIX IIUNDRED
FIFTY ($7,650.00) DOLLARS, payable by BUYER to SELLER as follows:
iA. Concurrently, with tile execution hereof, BUYER shall pay to SELLER, as earnest money hereunder
C',J!amest Money"} the sum of SEVEN tlUNDRED SIXTY-FIVE ($765.00) DOLl.ARS representing ten
pc~-cent, I0°/~., of Ire purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time
p/'c, ccssing fcc.
'~B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments,
$h~:ll be paid by BUYER to SELLER at closing.
~l'{he BUYER further acknowledges that any appraisal fees and/or update fees for the above de~ribed
P~e~m, ises shall be the sole and complete responsibility of BUYER.
~(he BUYER shall upon tile execution of this Agreement pay the estimated appraisal fee in the amount of
$!25.00. 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 o£receipt to SELLER.
iThe BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter
~nsmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in
rdance with the appraisal or update. Following the expiration of Iris twenty {20) day period, if no new
~reement is executed, the Earnest Money shall be returned to BUYER.
6. RIGHT OF FIRST REFUSAI.
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 A~,atar 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 BIJYER is purchasing the Premises
in an "AS IS" condition and specifically and expressly without any warranties, rcpresenta~.ms; ,,r guarantees,
either express or implied, of any kind, nature, or type whatsoever from or on behalf of thc Si:A.I.i'
B. BUYER acknowledges that BUYER has made and/or has been given ;in adequate {)pp.tt,nity to make
such legal, factual and other inquiries ami investigations as BUYER deems necessary, desir:~bl,: ,,r appropriate
with respect to the Premises.
C. Without in any way limiting the preceding paragraphs, BUYF. R acknowledges and agrcc:~ 'd~at he hereby
waives, releases and discharges any claim thai he has, might have had, {~r mt~y have ;~g;tin-~ I}~ 'qI'~I.I~F.P. ,.vilh
respect to thc condition of thc Premises.
8, PRORATIONS AN[) A[)JUSTMENTS
A. The fi~llowing items shall be prorated and adjusted between SEI.I.ER and BtJYER :~:-. ,,: :::~dnight <>~ the
day preceding closing:
1. All installments of special assessments payable after thc closing, wbcther for v.'ork c,,m;~:nccd as of thc
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 aR~resaid shall be dctcrm~ncd ,~r estimated to
the extent practicable and the monetary adjustment shall be made between SEI.I.F.R and I~,I 'Y}-.R. All such
prorations and adjustments shall be final.
C. BUYER hereby agrees 1o indemnify and hold harmless SELI.ER from and againsl c~l; obliga~l,m of
SELLER for which, and It) Ire extent that. credit bas hecn given to BIJYI'.'[,t at tile time t)f c]~,y, lt~::
9. DEFAULT: TERMINATION
A. lfBUYER defaults hereunder, then provided SELLER is not in default, SEI.LER'S s.lc remedy shall be
to terminate Ihis Agreement by giving Written Notice thereof to BUYER, whereupon tile Ear. cst Money shall
be retained by or paid to SELLER as liquidated damages which shall be SF.I.I.ER'S sole and cxclt~si,,'e rcm(dy,
and neither party shall have any further liability or obligation to the other. Thc parties ackno,,~'[cdge a~ltt ~grce
that SELLER'S actual damages in the event of BUYER'S default are uncertain in an-l.tlnl :~Iltt cliff;etd( to
ascertain and that said amount of liquidated damages ,,,,'as reasonably dc(ermined by mUttl:~l :~gl,:,:ll'~cllt bctv, cen
the parties and said sum ,,,,'as not intended to be ;t penalty itl nature.
B. If SELLER defaults hereunder and such default has not been cured within thirty f3t~l d.',. after
Notice of such default to SELLER, and provided BUYF. R is not iii default, BLiYI'~R ma', Icftu;nato this
Agreement, whereupon Irc Earnest Money shall be promptly returned 1o BUYI!R and neilhcr p:~rty shall have
any further liability or obligation to tile other. Notwithstanding anything contained in th~s ,,\!,.;-con, chi i{, the
contrary, the foregoing shall be IIUYER'S sole and exclusive rem(dy ami shall preclude I~,I 'YER frtmi the
exercise of any other remedy.
Any and all costs and expenses incurred by SF~LI.ER in connection with this transaction (cxccpt~ng
attomeys' fees and Real F. statc Commissions}, including, withoul limitation, recording t't:cs, c,~.vcyancc lees,
appraisal fees and/or update fees, scttlcment fees, closing costs, and transfer, documentar,. :md ~:tangit'>lc taxes
of every nature and kind ,.~'batsoevcr, shall be borne and paid by BUYF. R.
11. INTERMEDIARIES
A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind ,vhom BI i'fER
has been contacted by or dealt with in connection with this transaction.
B. BUYER agrees to indemnify and hold harmless SELI. ER against and front all claims, dcm:rods, causes of
action, judgments and liabilities which may be asserted or recovered fi~r Fees, ctm',m~-~.-;~ons or other
compensation claimed to be due to any broker, finder or intermediary with whom BUY[ZV. t~:~t2, have dcait in
connection with the transaction, including costs and reasonable attorneys' fccs incident thcruI~
C. This provision shall survive closing.
12. CLOSING
Closing shall take place during normal business hours at the County Attorney's Office. ('oilier Ctmnty
Courthouse, 3301 East Tam;ami Trail, Naples, Florida, 34112 or such other location as .'-;t'~I !.!!R may sclc(t,
within 90 days of the appraisal (late.
13. GENERAL PROVISIONS
A. This written Agreement, including all exhibits attached hereto and documents to hc delivered pursuant
hereto, shall constitute the entire agreement and understanding of the parl~cs, arid thcrc ;~rc n,, c~ther pri.r or
contemporaneous written or oral agreements, undertakings, promises, warranlics t~r c(-.'cna[;t~ not contained
herein
'~'his Agreement may be amended only by a written memorandmn subsequently cxccutcd by all of the
~ies herclo.
No waiver of any provision or condition of this Agrccment by any paay shall be valid unless in writing
by such paay. No such waiver shall be taken as a waiver of any other or similar prm ~mn or of any
event, act or default.
Time is of lhe essence of this Agrcemenl. In Iht cmnputalion of any period of time prc, x Mod for in this
:ement or by law, any dale falling on a Saturday, Sunday or legal holiday shall bc dccmcd ~,) refer Io the
~t day which is not a Saturday, Sunday or legal holiday.
In tim event that ~my provision of this Agreement shall be uncnfi~rccablc in xvhulc ,,: ~n pan. such
~vision shall he limited lo Ihe extent necessary to render tim same valid, or shall bc cx~,cd from tiffs
as circumstances require, and this Agreement shall bc constnmd as if said pro~ ~s~on had been
~orated herein as so limited, or as if said provision had not been included herein, as thc case ;~ay be.
}leadings of paragraphs are for convenience of reference only, and shall not bc construed ,,> a pan of this
This Agreement shall be binding upon and shall inure to thc benefit of thc parties h,:rcto, and their
,cctive heirs, executors, personal representatives, successors and assigns, provided, hc,.,c',cr, that this
may not bc assigned by BUYER withot,t thc prior express wriucn consent ~t 5;t..I.LER, which
conscnt 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, rcgistc.~cd or certified
mail. Any such notice shall bc dccmcd given and cffcctivc upon receipt or rcfiJsal of dc}ix'er-. ~hcrcof by Iht
primary party to whom it is to be sent.
I. This Agreement shall bc governed in all respects by thc laws o£thc State of |:lorida.
J. This Agreement may bc executed in any number of counterparts, any or all of which ~:~.,v contain the
signatures of less than all of thc parties, anti all of which shall be construed together ils but a .,,tngic instrument.
K. In the event of the institution of legal proceedings m connection with this Agreemcnl. thc i~.trty prevailing
therein shall be entitled to recover thc costs and expenses incurred ill connection therewith. ~m i,Ming, '.vithrmt
limitation, reasonable attorneys' fees.
L. Possession of the Premises shall he delivered to the BUYER at closing.
NI. The word "Closing" or words of similar import as used in this Agreement, shall he cor~slr:~c[t to mcan thc
originally fixed time and closing date specified herein or any adjourned time and date pr{,x i&,i for herein or
agreed to in writing by the parties, or any earlier dale permitted herein.
N. This Agreement is between SEI.LER and BUYER and no oilier parly shall, under anv c~cumstanccs, bc
deemed to be a bcncficiaW of any of the temps and conditions to bc pcrfimncd by SEIA.i!R i, arsuan~ to this
Agreement.
O. All of thc parties to this Agreement have participated fully in thc negotiation ami prcparat~,m hereof; and,
accordingly, this Agreement shall not be more strictly construed against any one of thc parlics ho cio.
P. Neither this Agreement nor any memorandum or evidence hereof shall lac recorded in any public records
by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso fact(> canceled and ~crminatcd, thc
Earnest Money, (including any additional earnest money which may have bccn paid pursuant m ~i~c Agreement),
shall thereupon be retained by or paid to SEIAJ:J~, as liquidated damages for such dcfimlt, an~l t~,UYER shall
have no further interest in the Premises, pursuant to this Agreement or otherwise.
Q. Any prior agreements, representations, understandings or oral statements, including, b,: not limilcd to
rendering or representations contained in sales brochures, maps, sketches, advertising or sale. ~aterials.
oral statements of sales representatives, if not expressed in this Agreement, arc v,~id, have ;~,, :;cot. :ira,! bare
not been relied upon lay BIJYER.
14. '~ttl~k3~J~Xl~l O N S:
None
IN WITNESS WttEREOF, thc parlics have caused this Agreement to bc executed :is of linc d., and )'car first
above written.
AS TO SELLER:
ATTEST:
DWIGItT E. BROCK, Clerk
~.~"~ '~]o~-,~ ~M , ~eputy Clerk
Attest 1~ '~ ChaPman's
BOARD OF COUNTY £TC')N1MIN,% I( J?~ ERS
COLLIER COUNTY, FLORIDA
PAI¢IEI.A S~MAC'KIF., CIbMR',VOMAN
I TO BUYER:
~[ATE:
(.(print name)
W. itnJ:ss (signature)
(print name)
H ENRIETT~E-LE~R UN
STATE OF
COUNTY OF
t.~f.~The foregoing Real Estate Sales Agreement was acknowledged before me Iris .Z-O~,'~day of
~ , 195"q, by tlENRIETTE I.EBRUN, who is personally known to mc or v.}~,, has produced
rt.., ~. i"- %t, ~: ~"c, -~D$ --o as identification.
(affix notarial seal)
Signatpre of Nolary lx-xfblic
Prim Name
Commission Number
My Commission Expires:
~. - ^Al'-the undersigned, do hereby acknowledge receipt of a total of '~:~q¢) -- ,on this /'~(~Lday of
(Initial Deposit $~") Appraisal $~ocessing Fee $50.0Q)
Approved as to legal
form and sufficiency
Heidi F. Ashton
Assistant County Attorney
TO: Ellie Hoffman
Records Technician I11
Minutes & Records Management
FROM: \~TOhi A. Mort
(~k' Sen~or Speclal~st
-" P, cal Property Management I)cpartment
DATE: May 26. 1999
RE:
Sale of Golden Gate Estates Property
Ellie, attached please find one (1) original recorded Statutory Dccd and one (1)
original recorded Reverter Discharge & Release for the above referenced project.
Resolution 99-6(/authorizing the Chairman of the Board of (,ounly ('ommissioncrs to
execute the P, eal Estate Sales Agreement and Statutory I)ced was approved and
executed on January 12, 1999, Item i 6(d)(10).
Please contact me if you have any questions or comments at 8991.
Thank you.
attachments as stated
*** 2474542 OR: 2544 ?G: 3186
LICORDID in OffICIAL ~ICOIDS of COLLI8~ COUIT1,
~C-.70 SI.ti
¢o~IlS 1.00
lI~c 1,0~
II?l~ O??ICl
THIS DEED, made this .~ day of ~- 19.,~, 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 HENRIETTE LEBRUN, having a mailing address of 2251 52'~ Lane
SW, Naples, Florida 34116, 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, ($10.00) to it in
hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the
Grantee, his heirs and assigns forever, the following described land lying and being in Collier Count,/, Florida:
The No,dh 105 feet of the Nodh 180 feet of Tract 118, Golden Gate Estates, Unit 82. according
Io the plal thereof as recorded in Plat Book 5, Page 21, of the Public Records of Collier County,
Florida.
Subject to easemenls, restriclions, and reservations of record
IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in ,ts name b,/Hs
Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and ,.,'ear
aforesaid.
ATTEST:
DWIGHT Eo BROCI~, clerk
13¥:
Attest as to Cha~rmJ~'$
signature onl.f.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
THIS ~O'N~/EYANCE'ACCEPTED BY THEgJ
BOARD OF COUIFF¥ COMMISSIONERS,
COLl.!ER COUNTY, FLORIDA,
PURSUAHT TO THE PROVLSION$ '
OF ~E$OLUTION NO.. c.(.~ i
*** 2474541 OR: 2544 PG: 3185 ***
RICOIDID in OIHCIAI, RXCORI)$ o~ COIAI]! COl)II?T, )L
0S/10/i99g at 08:%AM D)I~I ), BP, OC[, CLI~[
!,00
~etn:
Itt 19)I
KNOW AI.I. MEN IJY TIIESE I'RENENTS: Avatar }'ropcrllef Inc. fk a (;.k(' Propcrllc~ IBc.. )'lr~l
parly, fnf and in consldclatJon of the sum of [en and Na 1OO ($10.OO) Ih,J),u~. ami nd)cF xam..,h;,,
IIERI~I)Y rcmises, releases, acqmls, satisfies, and forever ,hschar~es the J~lSl p,lFlV'fi retorter n~ht under
Paragraph 5 and the first p~y's r{ghl of first refusal contained in Paragraph X o~ Ibc Agrecn~cnl d~lcd
No\member 15. 19~3 between Avalar ['to. Hies Inc.. f k a GAO Properties Inc. and C(~lJicr (.'ountv. a
l'tJblic Record~ of'Collier County. Florida. for Ibc lands ,Icscr~bcd a~:
'ibc N,)tth IO5 fccl of thc N~)rlh I,";O fctt of Trucl i i,g. {h,hlcn Gale kslalc,.. ['mt gS.
according to thc plat thcro)f a~ recorded m J'Jal ]{,,ok 5. al Page 21. ,,! mhc Ptlbhc
Rec-rds oft '.llier C '-unly. I-l,rlda
_/ .... '(5.iq %.l).. 1990,
Signed. se:,lcd and dchvertd
~~.,~ ~~in 'sencc of:
{print namc} ~
t~'itllt'SS (sJgnilltlrc)
(prmnl
/\t alu~ I'r, lptrllts
255 ,,\ Ih,mlbla (hrclc
(~ '~ )k i't )P..VI )- NIL, ti j
S'[,VI'I: t)F I"I.()RIf).\
('OI ;N'I Y OF I)A l )I!:
KLMBERL¥ CLARK
.",;OTARY FUBIJC S'TAT'E OF
COMMLSSION ,",.,~, C.C7~,3~29
_ '
Ibc fi~re:,,mg Reverter l)i~chalge ~ Rctcasc .,,.,. a, kn,,~lcd?d kch,.c
,~ 19')9. by Dennis J. (}elman. ~!xccul~c Vice I'rt'sident of x~alar Properlics
J h~rlda co~oratJon, on behalf of the co~nration. Jig I~ pc~onaJJy known Io th..
(~l~alurc o1 ~ary I ubJk')
~ Prinl Nan:c
NOTARY )'(