Parcel 5- Avatar
(Parcel 5)
REAL ESTATE SALES AGREEMENT
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THIS AGREEMENT made and entered into this · day of 2005, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, hereir¥afte ferred to as SELLER, and
AVATAR PROPERTIES INC., 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 condition hereinafter set forth.
NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth 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:
I. PREMISES
The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally
described as:
The North 75 feet of the South 180 feet of Tract 1, Golden Gate Estates, Unit 39, according to the plat
thereof as recorded in Plat Book 7, at Page 24, 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.
3. TITLE
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 FORTY THOUSAND FIVE HUNDRED
($40,500.00) 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 FOUR THOUSAND FIFTY ($4,050.00) 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 of the Purchase Price, after credit for the Earnest Money, and plus or minus any further
prorations and adjustments, shall be paid by BUYER to SELLER at closing.
C. BUYER shall also provide SELLER the sum of ONE HUNDRED SIXTY-FIVE ($165.00) DOLLARS for the
appraisal fee.
5. 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 from 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.
6. PRORATIONS AND ADJUSTMENTS
A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight. of the
day preceding closing:
I. 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 þetween 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.
7. DEFAULT: TERMINATION
A. If BUYER defaults hereunder, then provided SELLER Is not In default, SELLER'S sole reme~y 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 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 w7 not tntended to be a penalty in nature. fØ
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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 b~ promptly return~d to BU~ER ~nd ~either 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.
8. EXPENSES
Any and all costs and expenses incurred by SELLER in connection with this transaction
(excepting SELLER'S attorneys' fees), 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.
9. INTERMEDIARIES
A. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER.
BUYER shall indemnify SELLER and hold SELLER harmless from and against any claim or
liability for commission or fees to any broker or any other person or party claiming to have been
engaged by BUYER as a real estate broker, salesman or representative, in connection with this
Agreement, including costs and reasonable attorneys' fees incident thereto.
B. This provision shall survive closing.
10. CLOSING
Closing shall take place during normal business hours at the County Attorney's Office, Collier Courthouse,
3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120
days from the appraisal date.
11. 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 circumstances 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.
1. 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. Possession of the Premises shall be delivered to the BUYER at closing.
L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to m~an 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.
M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be
deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this
Agreement.
N. All of the parties to this Agreement have participated fully In tþe negotiation and preparation hereof; and,
accordingly, this Agreement shall not be more strictly construed against anyone of the parties hereto.
O. 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 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.
P. Any prior agreements. representations, understandings or oral statements, Including, but not limited to
rendering or representations contaln.ed 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.
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12. OTHER PROVISIONS:
None
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year
first above written.
AS TO SELLER: ~
DATE:_,~'~l-rñ
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ATTEST: ..' ':',
DWIGHT E. BROCK, G~rk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA ~
BY: ~W.
FRED . COYLE, CHAIRMAN
AS TO BUYER:
DATE:
AVATAR PROPERTIES INC., a Florida Corporation
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, ¡tness (signature)
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(print name)
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DENNIS J. GET N
EXECUTIVE VICE PRESIDENT
Itnas~ J.s~nat~re~od A ~
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(print name)
Avatar Properties Inc.
201 Alhambra Circle
Coral Gables, Florida 33134
(CORPORATE SEAL)
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:
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The foregoing Real Estate Sales Agreement was acknowledged before me this J4day of ,
2005, by Dennis J. Getman, Executive Vice President of Avatar Properties Inc., a Florida corporati n, on
behalf of the corporation. He is personally known to me or who has produced as
identification. I
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(Signat~re of Notary P~blic)
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(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: fWt(~;;"'~ ~()
My Commission Expires: J I ILl Ie) ~
Approved as to legal
z; and sufficiency
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./' en T. Chadwell
Assistant County Attorney
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DEPOSIT RECEIPT
I. the under~ned. do hereb" o^~a.Jge receipt of/{'~~te described deposit in the emount of
$~\ .:) on this q: [he day of t· ,2005.
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