Ralph Sanchez, Sr.Memorandum
TO:
Ellie Hoffman
Records Technician III
Minutes & Records Management
FROM: .-Toni A. Mort
i,,iI Senior Specialist
Real Property Management Department
DATE: October 5, 1999
RE:
Sale of' Golden Gate L:states Properly
Ellie, attached please tind'one (I) original recorded Statutory Deed and one (I)
original recorded Reverter Discharge & Release for the above referenced project.
Resolution 99-60 authorizing the Chairman of the Board of County Commissioners to
execute the Real Estate Sales Agreement and Statutory Deed was approved and
executed on January i 2, 1999, Item 16(d)(l 0).
Please contact me if you have any questions or comments at 8991.
Thank you.
attachments as stated
HT 8~91
I~?E~ O~FICE
*** 2535991 OR: 2595 PG: 1745 ***
RRCORD~D In the OUICIA~, RllCORD$ of COLLIER CO~?T, ~'~, He H!
09/2'//H9~ at. 02:30PM D¥IGF{T !. BROCK, CLUI C01'IH
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1.00
REVERTER DISC! lARGE & REI.EASE
KNOW Al.l. MEN BY TIlESE PRESENTS: Avatar Properties Inc. f/k/a GAC Properties Inc., first
party, for and in consideration of the sum of Ten and No/100 ($10.00) Dollars. and other vahmble
considerations, received fron~ or on behalf of ('oilier ('ot,nty, a political subdivision of the State of Florida.
secomt party, thc receipt whereof is hereby acknowledged,
(\Vhcrever used hereto the tcnns "first patty" :md "sccomt party" shall include all the
parties to this instrument and their respective successors and assigns.}
IIEREBY rcmises, releases, acquits, satisfies, and fi~revcr discharges the firsl party's reverter right ondcr
Paragraph 5 and the first party's right of first refimsal contained in Paragraph 8 of the Agreement dated
November 15. 1983 between Avatar Properties Inc.. f/k/a GAC Properties Inc., and Collier County. a
political subdivisi(m of the State of Florida, as recorded in Official Records llook I ~t40 at Page 270 in thc
Public Records of Collier ('ounty. Florida, for Ibc lands described as:
All of l'ract 71. Golden Gate F. statcs, Ilnit 67A, according to the plat thereof as
recorded m Plat Book O, at Page 47. of the Public Records of Collier Ccmnty. Florida
_~IN WI;FNESS WIIEREOF, I have hereunto set my hand and seal this t~.~ day of
_0_~_ _ _-~_ .~ _(~'_ .... ,,.l,.. 19',9. ....
"--~ \V~nes~ sf4]gnatttrc)
L, 0 c0_r2__k;, tc _..
(p~amel
Witness {signature)
(prim nmnc)
STAI'E OF FI.ORII)A:
COUNTY OF D,M.~.: Iq ,A ~1 - t~ OcT
AVATAR PROI)F. RT1ES INC., a
Florida Corporation t'/ ~
Dennis J. German/
l£xect,tive Vice President
Avatar Properties Inc.
255 Alhambra Circle
('oral (;ables, Florida 331~4
(('ORPORATE SEA[~)
i The foregoing Reverter Discharge & Release was acknowledged before me this ~ day of
tJmF)-a{/ . 1999, by Dennis J. German. Executive Vice President of Avatar Properties lnc.,'a
~i~r~cia' corporation, on behalf of the corporation. '
lie ts personally knox~:n Io me :.v .~..:~ ~-~s .rea_,2s:d
................ - /..
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Serial/Commission O:
My ('ommls'ion Expires: ........
*** 2535992 OR: 2595 ?G: 1746
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RIAL
lit
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 RALPH SANCHEZ, SR., having a mailing ~ddress of 330 20"' Avenue
NE, Naples, FL 34120, 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 thai 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, Flodda:
All of Tract 71, Golden Gate Estates. Unit 67A, according to the plat lhereof as recorded in Plat
Book 9, Page 47, 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 name by its
Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year
aforesaid.
ATTEST:
:D, WlGHT E. BROCK. Cierk
Atte~ af t~ Chmtr'~'s
st~mture onljr.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: PAM---E-'-~-~. ~ ~N
TPIS CO)4VEYANCE ACCEPTED BY THE'
Ec.'r'~ OF COUt(TY COMMISSIONERS,
CC I ' : ~' ':C'JrlT\', FLORIDA,
FU~t j~t;l TO THE PROVISIO)IS
CF ~ESGLUTIOIt riO. ~ I
MEMORANDUM
TO:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
FROM;,'~?I"0NI A. MOTT, SENIOR SPECIALIST
REAL PROPERTY MANAGEMENT
DATE: SEPTEMBER 23, 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 August 12, 1999.
The closing date for the above sale is scheduled for September 30, 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
16(D)(10).
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
ST Q
THIS DEED, made this ,,~,5/',d;¢., day of ~ , 1973, by COLLIER COUNTY, a political
subdivision of the Stale of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Flodda
34112, hereinafter called the Grantor, to RALPH SANCHEZ, SR., having a mailing address of 330 20~ Avenue
NE, Naples, FL 34120, hereinafter called the Grantee.
(Whenever used herein the terms "Grantor" and "Grante~" 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, Flodda:
All of Tract 71, Golden Gate Estates, Unit 67A, according to the plat thereof as recorded in Plat
Book 9, Page 47, 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 name by Its
Board o.f County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year
aforesaid..
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: PAlM'AN
774-8400
MEMORANDUM
TO:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
FROM:.~,..'TONI A. MOTT, SENIOR SPECIALIST
REAL PROPERTY MANAGEMENT
DATE: SEPTEMBER 23, 1999
RE: SALE OF GOLDEN GATE ESTATES PROPERTY
Attached you will find one (1) Real Estate Sales Agreement 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.
Resolution 99-60 authorizing the Chairman of the Board of County Commissioners to
execute the Real Estate Sales Agreements was approved and executed on January 12,
1999, Item 16(D)(10).
Please forward the Real Estate Sales Agreement 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. ]
Thank you.
Attachment as stated
SALES AGREEMENT II {Parcel 90~
REAL ESTATE SALES AGREEMENT
THIS AGREEMENT made and entered into this~ day of~Y~____t_~l~ 1999, by and between
COLLIER COUNTY, a political subdivision of the ~t'ate of Florida, hereinafter referred to as SELLER, and
RALPH SANCltEZ, SR., 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 parlies as follows:
The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally
described as:
All of Tract 71, Golden Gate Estates, Unit 67A, according to the plat thereof as recorded in Plat
Book 9. Page 47, 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 fight, title and interest in and to the Premises.
A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed.
The Purchase Price ("Purchase Price') for the Premises shall be SIX THOUSAND SEVENTY-FIVE
($6,075.00) 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 SIX HUNDRED SEVEN AND 50/100 ($607.50) DOLLARS representing ten
percent, I0%, 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.
5. APPRAISAl.
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 Ihe execution of this Agreement pay the estimated appraisal fee update in the amount
of $75.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded
accordingly.
If aa 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.
?. ~I~R 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 from or on behalfoflhe SELLER.
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 wilh
respect to the comlition 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 tile 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 thc extent that, credit has been given to BUYER at the time of closing.
9. DEFAULT: TERMINATIO~
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 thc event of BUYER'S 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 v/as 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.
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 pakt 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.
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 90 days ofthe 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 w~ver 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 hc 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 thc computation of any period of time provided for in this
Agrccmcnt or by law, any date falling on a Saturday, Sunday or legal holiday shall be dcemed 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 thc extent necessary to render the same valid, or shall be excised from this
Agreement, as circumstances require, and this Agrccment shall be construed as if said provision had been
incorporated herein as so limited, or as i£said provision had not been includcd herein, as the case may be.
F. l tcadings of paragraphs are for convenience of reference only, and shall not be construed as a part of this
Agreement.
G. This Agreement shall bc binding upon and shall inure to the benefit of thc 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 bc withhcld for any reason whatsocvcr.
it. 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 Agrcement shall be governed in all respects by the laws of the State of Florida.
J. This Agreement may hc cxcculed 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 tbc institution of legal proccedings in connection with this Agreement, the party prevailing
therein shall be cntitlcd to recover the costs and expenses incurred in conncction 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 partics, or any earlier date permitted herein.
N. This Agrcemcnt is between SELLER and BUYER and no other party shall, under any circumstances, be
deemed to bca bcncficiary of any of the terms and conditions to bc pcrformcd by SELLER pursuant to this
Agrcement.
O. All of thc parties to this Agreement have participated fully in thc 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 Moncy, (including any additional earnest money which may have been paid pursuant to the
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.
None
IN WITNESS WI IEREOF, the parlies have caused this Agreement to be executed as of the day and year first
above written.
AS TO S_~:t~LER: '_,
D:ATE:~
A'~I'EST: .,,''
DWIGIIT E. BROCK, 'Cierk
Attest a~ to Chairman's
signature
BOARD OF COUNTY COMMISSIONERS
AS TO BUYER:_
Wi?sYs. s/~si gn atu ~_~_J_ _,___ /
(print name)
STATE OF ~ ~
COtmTY OF
fore Real Estate Sales Agreement was acknowledged before me this//'~ ~day of
The
by RALPH SANCHEZ, SR., who is personally known to me or who has produced
,--,-.-.,-.~m identification.
(affix notarial seal)
Print Name
Commission Number
My Commission Expires:
Appraisal ',.Tr~_, -'/~dditional__ Deposit $ ~ / Processing Fee $50.00)
Approved as to legal
form and auffi¢!ene, y
He~d~ F. Ashton
Assistant County Attorney