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Margaret Butch SALES AGREEMENT II (Parcel 58) REAL EST A TE SALES AGREEMENT THIS AGREEMENT made and entered into this 8-t+. day of ~ ' 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and MARGARET BUTCH, 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 'md valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: L PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally descri bed as: The North 75 feet of the North 150 feet of Tract 24, Golden Gate Estates, Unit 50, according to the plat thereof as recorded in Plat Book 5, Pages 82 and 83 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 TEN THOUSAND THREE HUNDRED FIFTY ($10,350.00) 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 THIRTY-FIVE ($1,035.00) 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. 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 the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. 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 acknowledt. to and agrees with SELLER that BU\ . 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, 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 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 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. EXPENSES 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. 11. INTERMEDIARIES 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. 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 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. 2 _. C. No waiver of any provision or Cl .tion of this Agreement by any party. J 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. 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 circumstances, 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 anyone 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 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. 14. 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: 5. ~.O~ ATTEST: DWIGHT}hEm~),Clerk ,,\,"J . .. . . . _ tJ.... ~~ ~~.~~ ,k- . Ie.:. ,; . ."";" D~u~lerk ~ -'. t...,., Attlst is to . C~ fr:Nn . s ,j~~. ORll~/ ;.: Approvecf'~:f9)~~3.!: f~rjl~ vElIen T. Ch~well Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, F RillA "2( (I f~ 3 AS TO BUYER: DATE: 3 -c:>O- ~.3 J/!rJtt/1itL $~ 'MAR6"ARET BUTCH 3fi/ ~l };;j r'-1/ ~3Mnatur ", \I \ \ AvJ' ,,\ ('() M ~ 1. L, (p;2;me) 7~ ~ Witness~nature) /.II /J /:!!Y /' ~ ,,(/ /J /I ~ (print name) STATE OF F~,l ~",/1n COUNTY OF C'~~~.jE~ The foregoing Real Estate Sales Agreement was acknowledged before me this ~ q-ay of )lJ A L'C> rt- , 2003, by MARGARET BUTCH, who is personally known to me or who has produced L-:L.O;c\ /.I:J do, IJ,L1 f f/~ identification. LIC! e7Y.!:.-c ~l\"" MARY T. KNAPP i 'i; Notary Public. Slate of Florida My comm. llxpires Sept. 15, 2005 No. DO 036270 ~../~~ Signatur 0 otary PublIc IJ Aftv /- It".vA pp Print N~e Commission Number {) t:J CJ...3b a;J ? 2J My Commission Expires: ? -- /s ,~r (affix notarial seal) 4 DEPOSIT RECEIPT I, the undersigned, do hereby acknowledge receipt of a total Of!ttJ. Q.'3C':) , -- I on this ~ay of 1 ,2003. (Initial Deposit $JCD / Appraisal $_150 / Additional Deposit $ q2>5 / Processing Fee $50.00) 41~ '#~ v ' \l 5 PNpere<' " . Ellen T,c~...ell, Esquire Office (.' '.."": County Attlor..y 3301 L, ,:' 'r' , <'1m 1 Tra11 N..:~' c nda 34111 (941) 174-8400 ttt 3210934 OR: 3327 PG: 1433 ttt RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, PL 06/27/2003 at 12:27PM DWIGHT B. BROCK, CLBRK CONS 10350.00 REC PEB 6.00 DOC-.70 72.80 COPIBS 1.00 MISC 1.00 Retn: RBAL ESTATB SBRVICBS STATUTORY DEED INTBROPPICE ATTN: TONI THIS DEED, made this g{h day of M~ ' 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a m iling address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to MARGARET BUTCH, having a mailing address of 10349 NW 11 Street, Pembroke Pines, Florida 33026, 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 North 75 feet of the North 150 feet of Tract 24, Golden Gate Estates, Unit 50, according to the plat thereof as recorded in Plat Book 5, Pages 82 and 83, 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. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,.' !'~h BY:~"'~~ ( , t- l .~ Attest~s '~ Chlf~ ~i s1gnat-'te<W\ly. ,'Si"; ,>~...'l""~,\r~,, ' z{/I{o3 . I : v ~ as to '01'1I ~I SufflClMeJ '//...., C\J /J<~ Assfstant County Attorney Ellen T. Chadwell ,... CONVf!YANCE APPROVED BY THE BOAFI) OF COUNTY COMMtSSIONER8. OOUJER COUNTY, Fl.ORI>A, PUA8UANT TO THE PROYISION8 OF RESOWOON NO. ~O~-~ Z -Il-O 3 ~ \~L\ . . - -, SALES AGREEMENT II (Pa. 56) REAL EST A TE SALES AGREEMENT THIS AGREEMENT made and entered into this .l.. 4k" day of :::::ro..l ~ , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and MARGARET BUTCH, 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: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The South 75 feet of the North 180 feet of Tract 14, Golden Gate Estates, Unit 50, according to the plat thereof as recorded in Plat Book 5, Pages 82 and 83 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 TEN THOUSAND THREE HUNDRED FIFTY ($10,350.00) 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 THIRTY-FIVE ($1,035.00) 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. 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 the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. 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 ack Iledges to and agrees with SELLER tl 3UYER 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. 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 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 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. EXPENSES 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. 11. INTERMEDIARIES 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. Any and all brokerage commissions or 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 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 survi ve closing. 12. 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 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. 2 B. This Agreement may be ended only by a written memorandu ubsequently 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. 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. 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 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. 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 the 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 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. 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: BY: TOM HENNING, Chairman 2.-{/- 63 . Ellen T. Chadwell Assistant County Attorney 3 ,- - AS TO BUYER: ~ul uJ '"-wTIness (signature~ J")t: i~Lt~1L L (print n m. e) T $-- 7;:JJ~ r ~ ,-$::7 Witne (sIgnature) HI/f'~ r-XA/~/-p (print name) ~1~qlg[cA~ R@RET BUTCH STATE OF ;:~~~-.()# COUNTY OF {'~~e;/.tT;c- The foregoing Real Estate Sales Agreement was acknowledged before me this c2/~ay of /Jt~ y , 2003, by MARGARET BUTCH, who is personally known to me or who has produced F~CJ~IIJA- lJ.erl/~(Sas identification. L/ (! c:f?/~ C ~ _ (affix notarial seal) / f Signatur otary Public ,;/1;1f T - /(,.(/ //r ~ Print Name Commission Number 1) iJ 03(;. ~ "7 ~ My Commission Expires: 9 - ;' S -e.2 0 C) S- ~Il "" MARY T. KNAPP i to. ~ ~ Public. State of Florida Uycomm, e~ Sept. 15, 2005 No, 00 036270 4 -, - DEPOSIT RECEIPT / '\ :<.. c: -- l'/l~~ I, the undersigned, do hereby acknowledge receipt of a total of -I .-:f- -.J~ , on this o'--~ day of ~~k~ ,2003. (Initial Deposit $J (V / Appraisal $ \ S() / Additional Deposit $US / Processing Fee $50.00) ~<0cl 5 Retn: RBAL ESTATB SERVICBS INTBROFFICB STATUTORY DEED ATTN: TONI *** 3213172 OR: 3330 PG: 3383 *** RECORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 07/02/2003 at 10:36AK DWIGHT B. BROCK, CLBRK CONS 10350.00 RBC FEE 6.00 DOC-.70 72.80 COPIBS 1.00 ~r'Plred by: Ell tf'l T, Chadwell, Esquire Office of the Count, AttorRey 3301 East Tamiami Trail "aplt., Florida 34112 (941) 774-8400 THIS DEED, made this :i...r day of ;:J"u...L'j , 2003, 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 MARGARET BUTCH, having a mailing address of 10349 NW 11 Street, Pembroke Pines, Florida 33026, 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, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The South 75 feet of the North 180 feet of Tract 14, Golden Gate Estates, Unit 50, according to the plat thereof as recorded in Plat Book 5, Pages 82 and 83, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ..."""""'\\'\ ..... \ \ ' _-... . "'''.4" II ..... f'~ ""'''4,;.\7,''' .4 ATT~l~:"~."""',~"~ ~,,\ D~GtRj:. ~~~g;~;'c'~", ;,.- __~ ... . .~, Y' ,,. (-tl' . -:., ... <:.?.. ~ : /'!: t?~rl.<~;~. -'-,,> ,,--:;,~;( ~ (~ ~ . ~.~-'. 'a.'~."'.\~-:' <(?, . ,.- , , ~" -~'I .". . <<"I, B' ..-.. ' , ,: ~ '.... ~ ;' - ,.,;, ~~~-_..:,j,,, -...." ~ ~'-- , ~t~';',f' . ~~YV { c; " ,:~ &$. ~ ~1f S .. )".~(SPe. .on.1- J~.~'.).~' I . "4 ~ ~'1 "!} . ,(\ 't ~, . " ". UC; ......\l; ~.' ~ \ , , .. ' ~ .... ~. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, HAIRMAN 2..-ll-03 ~.s tv {J?i;1 sufflcletlCJ ~ ~~ Assistant County Attorne, ~ Ellen T. Chadwell ~2>NVEYANCE APPROVED BY THE ~ OF COlJNTy COMM~~- ~lJNTY,~~ or: TO THE ~ RII8Ot.unONNO. - <-f 2:-11-03 :~ 1~4- SALES AGREEMENT II (PaL 37) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this 8+k day of (y\~ ' 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereina er referred to as SELLER, and MARGARET BUTCH, 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: l. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The North 105 feet of the North 180 feet of Tract 23, Golden Gate Estates, Unit 50, according to the plat thereof as recorded in Plat Book 5, Pages 82 and 83 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 TWELVE THOUSAND SIX HUNDRED ($12.600,00) 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 TWO HUNDRED SIXTY ($1,260.00) 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. 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 the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. 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. A vatar Properties Inc. wi II 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 1 A. BUYER warrants and ack. ,ledge and agrees with SELLER tl, JUYf ~ 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. 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 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 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. EXPENSES 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. 11. INTERMEDIARIES 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. 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 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. 2 - C. No waiver of any provisil .r con, In of this Agreement by an) rty sh ')e 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. 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 circumstances, 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 anyone 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 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. 14. 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: 5'B-O~ ATTEST: ,\\~'~).'~?~ii)(:? DWIGHT~.BROCk; ,~lerk , ""'1 " ; ,..'., c-. '.., !..' . ' @ ~~'. ....~6a..~~,h~ ~~'..i. ." (. . \.}D~f!uty Clerk Attla;;.i:..~l~n' ~ '1gn:M,~",,~::" Approved as to legal ZSUffiCie~_. . V ~ A-I^-- Ellen T. Chadwell Assistant County Attorney BY: TOM HENNING, Chairman Zfil/o:; 3 ~- AS TO BUYER: DATE: 3-,.:;zo -~~~ ~~~J1~~/ AU: 4.Ah ,,~ J {'('\ M (print name) ~ .~~- -r vJ Witness gnature) /bA'~~ /> k,v/l/,/J (print n me) ~$zc/A A . ARET BUTCH STATE OF rk~ ~ /o/!- COUNTYOF C!o~/E~ The foregoing Real Estate Sales Agreement was acknowledged before me this .c:2tJ ~ay of /I .J j4 tr /T , 2003, by MARGARET BUTCH, who is personally known to me or who has produced F~CJr/lJh K:J;:'I"'Z~.!s as identification. L/eC7f/Sc tl1' MARY T. KNAPP Notary Public. Slate of Florida My comm. expires Sept. 15, 2005 No, DO 036270 /# ~ /- #,/"~ Signature < otary PublIc /JJA~'7 r ,K/PA/'~ Print Name Commission Number /) P 03"01 ?() My Commission Expires: 9 ._/ J >~ s- (affix notarial seal) 4 DEPOSIT RECEIPT I, the undersigned, do hereby acknowledge receipt of a total of ~ 4(("). ,2003. , on this day of (Initial Deposit $-1Ct2- / Appraisal $ tc:)O / Additional Deposit~' \ ~O / Processing Fee $50.00) ~0tt 5 /tl"~f"td bIt Ellen T. Chedwe". r....,. Off ice f)'f th" r,OlJnt,y AtterMI 3301 E;:st TiU'lIi,1;",:; Tral1 "e,l.., Flc~ida 34112 (141) 774-8400 *** 3210932 OR: 3327 PG: 1431 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 06/27/2003 at 12:27PM DWIGHT B. BROCK, CLBRK CONS 12600.00 RBC FBB 6.00 DOC-.70 88.20 COPIBS 1.00 MISC 1.00 Retn: RBAL BSTATB SBRVICBS STATUTORY DEED INTBROFFICB ATTN: TONI THIS DEED, made this ~ day of .~ ' 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mallng address of 3301 East Tamlaml Trail, Naples, Florida 34112, hereinafter called the Grantor, to MARGARET BUTCH, having a mailing address of 10349 NW 11 Street, Pembroke Pines, Florida 33026, 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 North 105 feet of the North 180 feet of Tract 23, Golden Gate Estates, Unit 50, according to the plat thereof as recorded in Plat Book 5, Pages 82 and 83, 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. BROCK, Clerk . ['If, f'r " r:-,'-j -' ,J.I. I'J~) ., -'(~:'<) By:. 'c"",~':,{~':~ DC-. 5-~, . ;"1 ' - _ -=-\ ::.~' Attisf:!I.... .' to ~ trun. ,'. · s ,If~ahre '-l1.,:,.~ f-I , (>'';' -'1,/" f..) .::..<1 . (\ \1... . I 0.; ( _, \ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN THfI OONV!VANet! APPAOVED BY THE BOARD OF COUNTY COMMISSIONERS. 00I..LJeR COUNTY, FlORDA, PURSUANT TO THE PRCMSION8 OF RESOLUTION NO. :Lm~ -'1 L Z-\\-o3 ~\~~