Palon Deed
*** 3632423 OR: 3814 PG: 1792 ***
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY. FL
06/06/2005 at 02:27PM DWIGHT B. BROCK. CLBRK
CONS 63000.00
RBC FBB 10.00
DOC-.70 441,00
COPIBS 1.00
MISC 1.50
Retn:
RBAL BSTATE SVCS
STATUTORY DEED BXT 9780
INTER OFFICB/TONI
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THIS DEED, made this If) day of ,Jll ~f\ð ,2005, 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 MICHAEL W. PALON and SANDRA K.
PALON, having a mailing address of 611 19th Street NW, Naples, Florida 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 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 West 105 feet of the West 180 feet of Tract 83, Golden Gate Estates, Unit 43,
according to the plat thereof as recorded in Plat Book 7, Page 28, 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.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~w.~
FRED W. COYLE, CHAI RMA
By:
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~p.~ as to f.0;¡;t~egal sufflclenc!
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/ . Assistant County Attorney
E111ft T. CMMll
THIS CON\I!VANCI! APPAOWD BY THe
OOMO OF COUNTY COMMt88IONeR8.
ca.L1ER COlJNTY. FlORIDA,
PUR8UANTTOTHE ~
OF RHOlllTtON NO. ~ ~ 1-
2. -~-()~
l()G I
Prepared by:
Elleft T. Chadwell, Esquire
Office of the County Attorney
3301 East TaMiaMi Trail
Napl.., FloriÔl 34112
(941) 174-8400
*** 3632422 OR: 3814 PG: 1791 ***
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY. FL
06/06/2005 at 02:27PM DWIGHT B. BROCK. CLERK
REC FEB
COPIES
10.00
1. 00
Retn:
REAL ESTATB SVCS
BXT 8790
REVERTER DISCHARGE & RELEASPTBR OFFICE/TONI
KNOW ALL MEN BY THESE PRESENTS: Avatar Properties Inc. f/k/a GAC Properties Inc., first
party, for and in consideration of the sum of Ten and No/IOO ($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/k/a 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 West 105 feet of theWest180 feet of Tract 83, Golden Gate Estates, Unit 43,
according to the plat thereof as recorded in Plat Book 7, at Page 28, of the Public
Records of Collier County, Florida
~ESS WHEREOF,
, AD., 2005.
I have hereunto set my hand and seal this
/~ day of
A V AT AR PROPERTIES INC., a
Flori 0 oration
BY:
Dennis J. Getm
Executive Vice President
A vatar Properties Inc.
201 Alhambra Circle
Coral Gables, Florida 33134 .~
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(CORPORATE SEAL)
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ST A TE OF FLORIDA:
COUNTY OF MIAMI-DADE:
J'he foregoing Reverter Discharge & Release was acknowledged before me this /~ay of
, 2005, by Dennis J. Getman, ~utive Vice President of Avatar Properties Inc., a
da corporation. on behalf of the corporation. He is personally known to me or who has produced
as identification.
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~""y Plllt OHIlDA V NOQARSE
.¡>~...... to MY COMMISSION. DD 256925
* '" EXPIRES: October 8, 2007
~... Ao.fi>~ Bonded ThN kdget Notlry Services
"OFf''''
( )~n~ture of Not';J; Public)
Uf1dola \/. OOOJr Se..
(PriD! Nam~ of Notary)
NOTARY PUBLIC 25
Serial/Commission #: DD 25v'1
My Commission Expires: \£)- t~ OÎ
Approved as to form & )egal sufficiency
k ~ M..~
0- Ass 1 stant County Attorney
Ellen T. Chadwell
SALES AGREEMENT II (Parcel 33)
REAL EST ATE SALES AGREEMENT
THIS AGREEMENT made and entered into this ~ay of , 2005, by and betweer:
COLLIER COUNTY, a political subdivision of the State of Florida, hereinaf refelTed to as SELLER, ane
MICHAEL W. PALON and SANDRA K. PALON, hereinafter refen'ed to as BUYER.
WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the
plice and on the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other goO(
and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it i:
agreed by and between the parties as follows:
1. PREMISES
The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legall:
described as:
The West 105 feet of the East 180 feet of Tract 83, Golden Gate Estates, Unit 43, according to the
plat thereof as recorded in Plat Book 7, Page 28 of the Public Records of Collier County, FI01ida.
2. SALE and CONVEYANCE
A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premise
from SELLER, at the price and upon the other terms and conditions hereinafter set forth:
I. 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 SIXTY THREE THOUSAND ($63,OOO.OC
DOLLARS, payable by BUYER to SELLER as follows:
A. Concl11Tently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunde
("Earnest Money") the sum of SIX THOUSAND THREE HUNDRED ($6,300.00) DOLLARS representing te
percent, lO£í(J, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one tim
processing fee.
B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustment
shall be paid by BUYER to SELLER at closing.
5. APPRAISAL
The BUYER f1111her acknowledges that any appraisal fees and/or update fees for the above describe
Premises shall be the sole and complete responsibility of BUYER.
The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amou'
of $165.00. If the appraisal fee is less than the amount shown above, the difference shall be refunde
accordingly.
If an appraisal update shall be required, then SELLER shall provide wlitten confirmation of the update f(
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 lett
transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price
accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no ne
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 c
the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under t~
pamgraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will I
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 Premis
in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantee
eithër 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.
8. PRORATIONS AND ADJUSTMENTS
A. The following items shall be pronlted 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 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 01
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 defa~¡ t, SELLER'S sole remedy shall be
to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Eamest Money shal
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 patties acknowledge and agree
that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult tc
ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement betweef
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 Writtef
Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate thi:
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 thl
exercise of any other remedy.
10. EXPENSES
Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'~
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 taxe:
of every nature and kind whatsoever, shall be borne and paid by BUYER.
11. INTERMEDIARIES
A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYEE
has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions 0
fees shall be the sole responsibility of the BUYER.
B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes 0
action, judgments and liabilities which may be asserted or recovered for fees, commissions or othe
compensation claimed to be due to any broker, finder or intermediary wIth whom BUYER may have dealt i
connection with the transaction, including costs and reasonable attomeys' fees incident thereto.
C. This provision shall survive closing.
12. CLOSING
Closing shall take place during normal business hours at the County Attorney's Office, Collier Count
Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may selec
within 120 days of the appraisal date.
13. GENERAL PROVISIONS
A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuar
hereto, shall constitute the entire agreement and understanding of the parties, and there are no other pnor c
contemporaneous written or oral agreements, undertakings, promises, wan'anties or covenants not containe
herein.
B. This Agreement may be amended only by a written memorandum subsequently executed by all of th
parties hereto.
2
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 lhat any provision of this Agreement shall be unenforceable in whole or in part, such
provision shall be limited to thc extent necessary to rcnder the same valid. or shall be excised from this
Agreement, as circumstances rcquire, 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 arc for convcnience of reference only, and shall not be construed as a part of this
Agreemcnt.
G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their
respecti ve 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 delivcred 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 paJ1ies, and all of which shall be construed together as but a single instrument.
K. Posscssion of the Prcmises 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 mean the
OIiginally fixed time and closing date specified hcrein or any adjourncd time and date provided for herein or
agrced to in writing by the parties, or any earlier date permitted herein.
M. This Agrcement 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 the negotiation and preparation hereof; and,
accordingly, this Agrecment 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 Agrccment 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 fU11her 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 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 becn relied upon by BUYER.
14. OTHER PROVISIONS:
None
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the daý arid year first
above written.
AS TO SELLER:_
DATE: ,5,,-~l~()S
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~ W. ( ~
FRED W. COYLE, Chai~ -
Approved as to legal
form and sufficiency
~J~
Ellen T. Chadwell
Assistant County Attorney
3
AS TO BUYER:
DATE:
~.4 (y Qh
ICHAEL W. PALON
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Witness (sinn' -
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(print name)
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SA DRA K. P ALON '
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STATE OF hC'Il/ðlJ
COUNTY OF (~u~7!...
me this /?~y 01
e or who has produced
~ The foregoing Real Estate Sales Agreement as
. ~ ' 2005, by MICHAEL W. PALON, who 1
. A.YUS¿- as identification.
(affix notarial seal)
~~-,. "1' [-WRNA TRUJILl.O
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PJint Name
Commission Number
My Commission Expires:
STATE OF ~Il' ð'"
COUNTY OF (}~'u../t:;:~
(affix notarial seal)
\ - M'IRNA TRUJILLO ~
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this 1'7 #-day of
who has produced
~ The foregoing Real Estate Sales Agreement
~l , 2005, b~ S~r:-.JD~A K. PALON, who
/ ..b t:6?JSe-' as IdentlÍ1catlOn.
Pri Name
Commission Number
My Commission Expires:
4
DEPOSIT RECEIPT
I, the undersigned, do hereby acknowledge receipt of a total of ~Cl) 5 \ S
\-h~Q. L , 2005.
:t-
, on this :)t day of
,
(Initial Deposit $-1(1) / Appraisal $Jp ç / Additional Deposit $ (ì 2r f) / Processing Fee $50.00)
~.~0t\;
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~replred bl:~ll Esqu~re
¿ 11 ef\ T. Ch:-e Cou~tl Attorney
JUice of ~alliallli Tun
3301 EIS~,oricSa 34112
Maple1.
(941) 714-8400
STATUTORY DEED
~
THIS DEED, made this 2:D.: day of ,2005, by COLLIER COUNTY, a
political subdivision of the State of Florida, having a mail, address of 3301 East Tamiami Trail,
Naples, Florida 34112, hereinafter called the Grantor, to ICHAEL W. P ALON and SANDRA K.
PALON, having a mailing address of 611 19th Street NW, Naples, Florida 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 that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it
hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold'
the Grantee, his heirs and assigns forever, the following described land lying and being in Collier Count
Florida:
The West 105 feet of the East 180 feet of Tract 83, Golden Gate Estates, Unit 43,
according to the plat thereof as recorded in Plat Book 7, Page 28, 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:' ."..".".....
DWIGHT E..':~{ìf?~.~~~Q!~rk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~W. ~
FREDW. COYLE, CHAIR
A~"d IS to f~ Ilg.1 sufftcllncJ
Lý ~-.o_L
~ Assistant County Attornel
Ellen T. Chadwell