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Edward & Nanette Whittingham "" - SAL~S AGREEMENT II (Pal 59) - REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ZiP -tn day of ~, 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and EDW ARD WHITTINGHAM and NANETTE WHITTINGHAM, Husband and Wife, 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 East 75 feet of the East 150 feet of Tract 63, Golden Gate Estates, Unit 83, according to the plat thereof as recorded in Plat Book 5, Page 22 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 THREE THOUSAND EIGHT HUNDRED TWENTY-FIVE ($3,825.00) 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 THREE HUNDRED EITHTY-TWO and 501100 ($382.50) 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 $165.00. 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 ad vledges to and agrees with SELLER t 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. 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 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. 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. 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 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: ATTEST: . r "l!'t' DWIGHT E. BRQeK;Cletk,:. ]1\"~~Tk- ;..., , Depu~)f Clerk Attest I( to Chi f,...,.' t s1gnat~re ,'onlJ. 'f',. , Appro ed as to legaf. ~.::. fo d sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, IDA BY: TOM J -tl-~ .? Ellen T. Chadwell Assistant County Attorney 3 - ............. AS TO BUYER: DATE: ~-lC\ -O~ I '/),11 ~'V~/ ,. {;:;:If;:r'..Il//..AP- . '"' . ';'-'. Witness (sign.ature) I /.~ . ,.. . A--JI L]o f"" A." L"?/),R'.:' 'T" 0" . ~ ,,-,,,,,' (~8 Witne, "ignaturet? W~ el-7ZFl/3c:N IrZ!aJzA (print name) ~~~~ ~qess (Sitatur~ I t7_rr E:?"i (print name) NA STATEOF Fl..OE?pff COUNTYOF M'2'f7-)4') ~Pd foregoing Real Estate Sales Agreement was acknowledged before me this ~ day of , 2003, by EDWARD WHITTINGHAM, who is~rsonally Known ~ or who has a,identification. ~~~. ~~tary Public ~l1)(' V. :j) e OS.t<l Print Name Commission Number My Commission Expires: The pro~' (affix notarial seal) .~~1"" FEUX V. DE OSA f.1"JJ. ":). MY COMMISSION j CC 992025 · ~.~li EXPIRES: January 7,2005 '~io'I~*" Bonded Thru Notary Public Underwrite.. ""nn~" STATE OF FL.O t2.. 1 DR COUNTY OF /.11'1=1-117 p~ 1\_ _ _ :he foregoing Real Estate Sales Agreement was ackno~~ed _E_~fo~!!le ,_t~is \qth. day of ~ ' 2003, by NANE!TE. ~H~TTINGHAM, w ~~rsonally known~~ or who has produced\ a, .dentlf.ca1Jon. /' ~ A / ~ ~ ~ (affix notarial seal) ~~ ~ Signature of Notary PublIc ,R c.-( x. v: ve; 0>' r7- Print Name Commission Number My Commission Expires: "~;aJ''''''~' FELIX V. DE OSA i'*!:"l MY COMMISSION /I CC 992025 ~..... 0/ EXPIRES: January 7, 2005 ,. _ "~~fJl~-'::'. Bonded Thru Notary Public Underwriters 4 ".-...... --- DEPOSIT RECEIPT ( I, t e undersigned, do hereby acknowledge receipt of a total of J ..5:11.~ _, on this Be; day of ,2003. (Initial Deposit $-fOO / Appraisal $_ l(Ps, - \dditional Deposit $ J~~.2Qprocessing Fee $50.00) ~ 5 Prepared b,: tllen T. ChaM". E..,iN Office of t~ County AttOf"M1 3301 East T~m~~i Trail ~lel. Florid6 34112 (941) 774-8400 *** 3276315 OR: 3419 PG: 1911 **~ RBCORDBD in OFPICIAL RECORDS of COLLIBR COUNTY, PL 10/10/2003 at 01:43PK DWIGHT E. BROCK, CLBRK CONS 3825.00 RBC PBE 6.00 DOC-.70 27.30 COPIES 1.00 KISC 1.00 STATUTORY DEED Retn: RBAL ESTATE SBRVICES BIT 8780/TONI INTER OFFICB THIS DEED, made this 2lt> -#1 day of ~( ,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 EDWARD WHITTINGHAM and NANETTE WHITTINGHAM, having a mailing address of 600 NE 36th Street, Apt. T-22, Miami, Florida 33137, 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 East 75 feet of the East 150 feet of Tract 63, Golden Gate Estates, Unit 83, according to the plat thereof as recorded in Plat Book 5, Page 22, 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~: .... .,.. . b~ "il,".':' .;.1' f.,.:'i:':' Y ',,';,k, , " .'<,}~ ,f :.,~1I-"Ii',.. ~. .'j ...t1.;r,~,~=(,::.." teI,1 ::, t \1,~';"~,:;'~ '~.li_, . .', l~ ""*'~;":,.,; \:" ,'. A~,~ " : , .', :'~,. "," ,,~,1. ,., ~.." ji, f' . 'T"' . 'Wl..fl::\'>" ", By: TOM HENNING, CHAIRMAN '1.-( I-D 3 ,.,.. OONVIVANC! ~ BOAFa) OF COUN'rY ,.", THe ~~IER C0UNTY, FLORIDA. .' , OF 8UAN'r TO THE ~~ RSsoumON NO. ~y _ ~ '--' 1 \ ""' ",/;'" - -(~ :> l (rt_lf SALES AGREEMENT II (Pm 75) REAL EST A TE SALES AGREEMENT THIS AGREEMENT made and entered into this I~ day of Dr--leoQ.r, 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and EDWARD WHITTINGHAM and NANETTE WHITTINGHAM, Husband and Wife, 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 East 75 feet of the East 150 feet of Tract 32, Golden Gate Estates, Unit 88, according to the plat thereof as recorded in Plat Book 5, Page 27 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 FIFTEEN THOUSAND ONE HUNDRED TWENTY ($15,120.00) 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 FIVE HUNDRED TWELVE ($1,512.00) 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 ad. vledges to and agrees with SELLER t 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. 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: lo- ,., -03 ATTEST'","}' [=!~/i'rl DWIG~~/BEQ;~~1.:~l~rk ~.~ ""B\.\: - <' ',.... ....~:: >'. ~:.., k. ,. . . I :.~ '. . ;. ;'('~Deputy Clerk ~I ~ i<. f . ~':~:j ~__.J' f" -', ". Att.,t,:JSfo::~.1r-an' ! $1gn.t~ t ottH..:.'!" -- Approved as to I'egal >>:~U~~7~~ Ellen T. Chadwell Assistant County Attorney BOARD~ OCO TY COMMISSIONERS COLLIER CO TY, F IDA . BY: TOM HENNING, hairman l-ll-O 3 3 AS TO BUYER: DATE: ~f\.~ ~.~t~ Witn S (Signalf\) ., -#-. , ~~\\\ ~\J (~n name) ~ ',v\~.L~ \1\\. . \ C) Witne~s (sig~ature) ~.lA\.&w \\\. L/,? h (print name} Witness (sit (' \1'1 bV~ (print name STATE OF F {O[{o/t COUNTY OF (n II/e>- . v f-/v The foregoing Real Estate Sales Agreement was acknowledged before me this ~ day of "~1tr -1I1.W QF. ' 20~3, by EDWARD WHITTINGHAM, who is personally known to me or who has pro uced ~ L- br. L\( as identification. (affix notarial seal) ",~.W"", Cindy M. Erb l~""~~:.Commi8sion # CC 924691 =~\AiiE Expires April 3, 2004 ';!.:-tiJi"~"':- Bonded Thru ""T,~.ff,," Atlantic Bonding Co.. Inc. Vc Ignature O/- , ota~y/Pub~ CJ /7 C'lL/ /?? C /~ tf? Print Name / Commission Number eC ?';;Y6-,9/ My Commission Expires: ~/ 3/()y' STATEOF '\\ 0 C, hA COUNTY OF Cr' \ \. \ "e r J.tl , The foregoing Real Estate Sales Agreement was acknowledged before me this 1 day of ,-S ~ 1M ko.. , 2003, by NANETTE WHITTINGHAM, who is personally known to me or who has produced ~ L.... Or L..c.. as identification. A-/J1 d -I!~ Signature of otary ,Public " () , C. J n ole I /7') -€C. /: 1..J Print Name I Commission Number My Commission Expires: (affix notarial seal) ..1"'~~ Cindy M. Erb ~~'iJll-"'f,OommiHion II CC 924691 - ,/ , S \ hpfnls April 3. 2004 '-' '. DoAdi4 Thtu ~w.. ,~ Attllldo. DoncIliIt Co.. Inc. {Ie. 9d<;/~c/;/ -4 J31 0 <; 4 DEPOSIT RECEIPT f\~L 1,J!:!.e uradersigned, do hereby acknowledge receipt of a total of ~, on this Ir day of ~~ ,2003. I (Initial Deposit $---lcX2- / Appraisal $ I S () / Additional Deposit $~ Processing Fee $50.00) ~~ 5 Prepared by: Ellen T. Chadwell, Esqlire Office of the Count, At__y 3301 East Ta.tami Trail Naples, Florida 34112 (941) 714-8400 *** 3288948 OR: 3435 PG: 1386 *** RlCORDID in OPPICIAL RICORDS of COLLIIR COUlff, PL 11/03/2003 at 08:33A1 DVIGRf I, BROCI, CLIRI COIS 15120.00 IIC PlI 6.00 DOC-.70 106.40 COPIIS 1,00 IISe 1. 00 leto: RIAL IS!A!I SnVIClS STATUTORY DEED I1'l1R01PICI A7'1'1: '1'011 THIS DEED, made this l14 day of Criobc2.c- ,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 EDWARD WHITTINGHAM and NANETTE WHITTINGHAM, having a mailing address of 600 NE 36th Street, Apt. T-22, Miami, Florida 33137, 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 East 75 feet of the East 150 feet of Tract 32, Golden Gate Estates, Unit 88, according to the plat thereof as recorded in Plat Book 5, Page 27, 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, "'i,~ .~j~' . . AP~L tt?~'l sufflcl_, '-"" Assistant count.Y~ Ellen T. Chadwell THIS CONVEYANCE APPROVED BY THE BOARD OF COUNTY COMMJSSIONERS, COlLIER COUNTY, FLORIDA, PURSUANT TO THE ~ . OF Re8OU1T1ON NO. ", . - '1 y_ ~-\ \-05 \ l?c-,Lt