Wayne & Margaret CochranO
Memorandum
TO:
Ellie Ho ffman
Records Technician III
Minutes 8,: Records Management
FROM: . \}~'l'oni A. Mott
_?"~," Senior Specialist
Real Property Management Department
DATF.: June 30, 1999
RE:
Sale of Golden Gate Estates l'ropcrty
Ellie, attached please find one (I) original recorded Statutory Deed and one (1)
original recorded Reverter Discharge & Release For thc above referenced project.
Resolution 99-60 authorizing the Chairman of the Board of County Commissioners to
execute the Real Estate Sales Agreement anti Statutorv l)ecd ,,vas approved and
executed on January 12, 1999, Item 16(d)( I 0).
Please contact me il'you have any questions or c{mm~ents at 8991.
Thank you.
attachments as stated
STATUTORY D_EE.Q
*** 2533140 OR: 2593 ?G: 0857
~CCRD.tD In C,~FICiAL R.~.CKDS ~f ~O~iIER ~U~T~, ~i
C0~$ 3150.00
~0C-.7~
~,0~
1.00
THIS DEED, made this ~X,, day of ~ .'"il;
9"~_2,'15y COLLIER COUNTY, a political
;ubdivision of the State of Florida, having a mailin{] address of 3301 East Tamiami Trail, Naples, Flodda
34112, hereinafter called the Grantor, to WAYNE COCHRAN and MARGARET COCHRAN, having a mailing
address of 3973 Arnold Avenue, Naples, Florida 34104, hereinafter called the Grantee.
(Whenever used herein the terms "Grantor" and "Grantee" include all lhe parties to this instrument and
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, ($10.00) to it in
land paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the
Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida:
The West 75 feet of the East 180 feet of Tract 16, Golden Gate Estates, Unit 47, according to
the plat thereof as recorded in Plat Book 7. Page 32. of the Public Records of Collier County,
Florida. ~
Subject to easements, restrictions, and reservations of record.
IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its
of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year
aforesaid.
%TTE.ST:
DWIGHT E. BROCK, Clerk
By:
AtteS't' as to' Chalra4a'$
slgaatarm c~l$.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, CHAIRWOMAN
THIS CONVEYAr:CE ACCEPTED BY THE
EO~'PD OF COUNTY COHMISSION£RS,
· .~H.., FLORIDA,
CC,!, !rr ,'n,, -r,,
FURSU;.~i1 TO THE PR, O~V~S~ONS
OF ~ESOLUTION NO. ~
*** 2533139 OR: 2593 PGi 0856 *
COFIZ~ 1.00
REVItR'[I R DISCIIARGli & RFI.I_.\S~:iF
KNOW Al.I, MEN IIY 'FIIFL"41'; I'RESI:.NTS: Avatar I'r.l'~:me% Inc. I,k'a {L,\(' l'rnp,.*m,.',; Inc.. first
part}', fi,r and m con,Mcration of tile sum of Ich and No lO0 1510.00) D,,lbr.,. aim ,qhct ~.alu~hlc
considcrati,,n',, receive,! frotll or oil behalf of Collh:r ('ounty, a mlit,~..I s.h,h,,,,,,, (,r,he .'qlalc t,J' Florida.
second part).', thc receipt ~ hcrcuf is hereby ackno~'lcdged.
('A'hercver used herein the terms "first party" and "sec(md parly" shall ir, chMe all
p~mcs Io this im, trament and tl'lcir respective StlCCes~.of'-, anti av.,lgnr,.)
[IFY. EIW rcmiscs, release.,,, acquits, satisfies, and fi,rcver (h~charg~:~ the firs! par15% reveller r~mn under
Paragraph 5 and thc first party's rmghl nf first refusal c,)ntJ]ncd m Pnragraph S o1' tile Agreement dated
Novelle i5. 19~3 bctx~ccn Avatar I'rupemcs Inc.. fk a GA(' I'ropc)lics Inc.. and ('triller ('ounty, a
~lJlical ,u~lWtsion (,f the State of Fh,rida. as recorded m ()['ficial Rt c(~ds I~,.,k 134o at I'a~c 270 in the
Public Records of ('oihet ('mmt5. Fhmda. fi~r Ihe hnds dcscn~'d a~
Il:,.' We.,t 7s f,_'et (,f Ibc J'~a~t I,~O feet ()£ 'I'ra¢: I& Ch)ldcn (iate l!slalc.,. Ill!l( .17,
acc(mhng ,~ the plat Ihereof as reo,rded m !')a~ Ih)ok ~ a: t'a~c )2. o? thc I'l]hhc
Records ~4'('olher ('ounty. Flurida
.' ~SS WIIERI':OI". I ha',e hereurll~),,el rtl).' harld al*~tt st.'al Ihl,, ~"/" ~ day of
Signed,. scaled and dehvcrcd
(pn~..amcl
Wimess (signature)
(print name)
Avatar I'ropertles
255 AIh=mhra (hrclc
(',rul(iahles I'h,rida 33134
(('()RP( R,,VI[; SIAl)
ST,VII! OF I.I.ORIIL.\:
r ] Il,rim Name ,,i
X'OTA RY PI :Iii.lC
MEMORANDUM
TO: SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
FRO ~M~.~A. MOTT, SENIOR SPECIALIST
[,~XI~EAL PROPERTY MANAGEMENT
DATE: SEPTEMBER 10, 1999
RE: SALE OF GOLDEN GATE ESTATES PROPERTY
Attached you will find one (1) Real Estate Sales Agreement for execution by Chairwoman
Pamela S. Mac'Kie concerning the above transaction. Please be advised that Heidi F.
Ashton, Assistant County Attorney, has reviewed and approved the attached document.
Resolution 99-60 authorizing the Chairman of the Board of County Commissioners to
execute the Real Estate Sales Agreements was approved and executed on January 12,
1999, Item 16(D)(10).
Please forward the Real Estate Sales Agreement to Ellie Hoffman, Records Technician
III, Minutes & Records, for attestation.
[Note: Ellie, after attestation of said document, please call extension
document pick-up as the Real Property Management Department will
necessary documents on the date of closing. ]
//8991 for
record all
Thank you.
Attachment as stated
SALES AGREEMENT !! (Parcel 52)
REAL ESTATE SALES AGREEMENT
THIS AGREEMENT made and entered into this /3";~ day of~, 1999, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and
WAYNE COCHRAN and MARGARET COCHRAN, 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:
I. pREMISES
The real property which is Ihe subject of this Agreement, (hereinafter referred to as "Premises') is legally
described as:
The West 75 feet of the East 180 feet of Tract 16, Golden Gate Estates, Unit 47, according to the
plat thereof as recorded in Plat Book 7, Page 32, 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 lhe 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. TITLI~
A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed.
4. P__UR(~HASE PRIC:~F.
The Purchase Price CPurchase Price") for the Premises shall be THREE THOUSAND ONE HUNDRED
FlirTY ($3,150.00) DOI.LARS, 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 TttREE HUNDRED FIFTEEN ($315.00) 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 Premise,~
shall be the sole and complete responsibility of BUYER.
The BUYER shall upon the execution of this Agreement pay the estimated appraisal fee in the amount of
$150.00. Ifthe 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 aales 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 Premlsea 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 respons~le
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 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.
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 Ihe 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 or 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 ofclosing
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 SEI.I.ER 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 e~,ent of BUYER'S defauh are uncertain in amount and difficult to ascertain
and that said amount of liquidated damages was reasonably determined hy 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. ~XPENSES
Any and all costs and expenses incurred by SEI.I.ER 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.
I I. 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 ali 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. CLOSI'NC4
Closing shall take place during normal business hours at the County Attorney's Office, Collier County
Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select,
within 90 days of the appraisal date.
13. (~Eb~..RAL PROVISION~
A. This written Agreement, including all exhibits attached hereto and d ~cuments to be delivered pursuant
hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained
herein.
B. This Agreement may be amended only by a written memorandum subsequently executed by all of the
parties hereto.
C. No waiver of any provision or condition ol' this Agreement by any pan)' 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 ~o 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. lteadings 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.
tt. 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 il is to be senl.
I. This Agreement shall be governed in all respects by the laws of the State of Florida.
$. This Agreement may be executed in any number of counterparts, any or all of which may ¢onlain the
signatures of less than all of the parties, and all of which shall be construed Iogelher as bula single instrument.
K. In the event of the institution of legal proceedings in connection with this Agreement, the party prevailing
lherein shall be entitled to recover the costs and expenses incurred in connection therewith, including, wilhout
limitation, reasonable altorneys' fees.
L. Possession of the Premises shall be delivered ~o 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 dale permitted herein.
N. This Agreement is between SELLER and BUYER and no other party shall, under any circumslances, be
deemed Io 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 any one of the parties hereto.
P. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by'
BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated,
Earnest Money, (including any additional earnest money which may have been paid pursuant to Ihe Agreement),
shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall
have no further interesl in the Premises, pursuanl to Ibis Agreement or otherwise.
Q. Any prior agreements, representations, understandings or oral statements, including, bul not limited
rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral
statements of sales represenlalives, if not expressed in this Agreement, are void, have no effect, and have nol
been relied upon by BUYER
None
IN WITNESS WtIEREOF, the parties have caused this Agreement to be executed as of the day and year first
above written
AS TO SELl ER:
DATE:~
',x 3' '~, .' '. '/.t:~,. :'.% ~.' 4 '. --
ATTEST'
D~VIGHT E. BRO(~l&'r'k
Attest ii'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:~
AS TO BUYERS:
DATE'
,
(Pilot name), ~
Witness (signature)
(print name)
(print name)
WAYI~ COCHRAN
STATE OF
COUNTY OF ~c__
The foregoing Real Estate Sales Agreement was acknowledged before me this ~t% day of
__~_~ 19~_~as by WAYNE COCHRAN, who is personally known to me or who has produced
identification.
(affix notarial seal)
Print Name
Commission Number ~d r/~ 353-7
My Commission Expires: ,~-,~ I-.~c~ ~
STATE OF
cou Y OF
Thc foregoing Real Estate Sales Agreement was acknowledged before me this ~ day of
~ lCy_~ by MARGARET COCHRAN, who is personally known to me or who has produced
as identification,
(affix notarial seal)
Commission Number
My Commission Expires:
I,~e un~dersigned,~.o~hereby ackno~edge receipt o~ra ,ora, of .~~~, on U'lis ~ day of
(Initial Deposit ~ / Appraisal $~ / Additional Deposit $~/processin9 Fee ~
Approved as to legal
form and sufficiency
Assistant County Attorney
MEMORANDUM
TO:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
FROIV~.~MOTT, SENIOR SPECIALIST
(.~REAL PROPERTY MANAGEMENT
RECEIVED
SEP 10 1999
~ard of County Co~t$$1oners
DATE: SEPTEMBER10,1999
RE: SALE OF GOLDEN GATE ESTATES PROPERTY
Attached you will find one (1) Statutory Deed for execution by Chairwoman Pamela S.
Mac'Kie concerning the above transaction. Please be advised that Heidi F. Ashton,
Assistant County Attorney, has reviewed and approved the attached document.
The Real Estate Sales Agreement for the property was executed on July 9, 1999. The
closing date for the above sale is scheduled for September 17, 1999.
Resolution 99-60 authorizing the Chairman of the Board of County Commissioners to
execute the Statutory Deeds was approved and executed on January 12, 1999, Item
16(D)(10).
Please forward the Statutory Deed to Ellie Hoffman, Records Technician III, Minutes &
Records, for attestation.
[Note: Ellie, after attestation of said document, please call extension #8991 for
document pick-up as the Real Property Management Department will record all
necessary documents on the date of closing. Please be advised that I will provide you
with the original Statutory Deed after recordation ]
Thank you.
Attachment as stated
STATUTORY DEED
,,..--~ . .
THIS DEED, made this /.3'"/~ day of ~, 19 P~, by COLLIER COUNTY, a political
subdivision of the State of Florida, having a m~ilin~ address of 3301 East Tamiami Trail, Naples, Florida
34112, hereinafter called the Grantor, to WAYNE COCHRAN and MARGARET COCHRAN, having a mailing
address of 3973 Arnold Avenue, Naples, Florida 34104, 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, Flodda:
The West 75 feet of the East 180 feet of Tract 16, Golden Gate Estates, Unit 47, according to
the plat thereof as recorded in Plat Book 7, Page 32, of the Public Records of Collier County,
Flodda.
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.
A'FI'EST:' ' ~',.',
DWIGHT E. BR~DCK, Clerk
Attes~t~ aS"
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
PAMELA S. MAC'KIE, CHAIRWOMAN
PROJECT: Golden Gate Boulevard
FOLIO: 3682960001
PARCEL: 152
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into by and between KENMARK CONSTRUCTION, INC., a Florida
corporation, (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Florida, its successors and assigns (hereinafter
referred to as the "Purchaser");
WHEREAS, the Purchaser requires a perpetual, non-exclusive Easement for road
right-of-way, sidewalk, drainage, utility and maintenance (hereinafter referred to as the
"Easement") over, under, upon and across the lands described in Exhibit "A", which is
attached hereto and made a part of the Agreement, described as follows, to wit;
SEE ATTACHED EXHIBIT "A", which is incorporated herein by reference;
WHEREAS, the Purchaser requires a non-exclusive Temporary Driveway
Restoration Easement (hereinafter referred to as "TDRE") over, under, upon and across
the Owner's lands, for reconstruction of the existing driveway, described in Exhibit "B".
which is attached hereto and made a part of the Agreement, described as follows, to
wit;
SEE ATTACHED EXHIBIT "B", which is incorporated herein by reference;
WHEREAS, the Owner desires to convey the Easement and the TDRE
(hereinafter collectively referred to as "Properties") to the Purchaser for the stated
purposes, on the terms and conditions set fodh herein;
WHEREAS, the Owner desires to be compensated for the Properties as well as
any improvements located thereon;
WHEREAS, the Purchaser has agreed to compensate the Owner for the
conveyance of the Properties and for the improvements located thereon.
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which are hereby mutually acknowledged, it is agreed by and between the padies as
follows:
1. Owner shall grant Purchaser the Properties in exchange for the sum of
$4,200.00, broken down as follows:
Easement $ 1,200.00
Temporary Driveway Restoration Easement $ 100.00
Improvements $ 2.900.00
TOTAL: $ 4,200,00
Owner accepts the above compensation as full payment for the
Properties, and for all landscaping, trees, shrubs, improvements and fixtures located
thereon, and for any damages resulting to the remainder, if less than Owner's entire
property was taken, and for all other damages in connection with the conveyance of
said Properties to Purchaser.
Page 2
2. Purchaser shall pay Owner by County Warrant.
3. This Agreement shall be null and void, and of no fudher force or effect,
unless closing shall occur within ninety (90) days from the date Purchaser executes this
Agreement; provided; however, that Purchaser shall have the unilateral right to extend
the term of this Agreement, pending receipt of all properly executed instruments
affecting Purchaser's enjoyment of the Properties. At closing, Purchaser shall deliver
the County Warrant to Owner and Owner shall deliver the Properties to Purchaser in an
instrument acceptable to Purchaser.
4. Prior to the closing, Owner shall obtain from the holders of any and all
liens, encumbrances, exceptions, or qualifications in and to the Easement, the
execution of such instruments that will, upon their recording in the Public Records of
Collier County, Florida, clear any and all encumbrances from the Easement. Such
instruments, including the TDRE, shall be provided to Purchaser on or before the date
of closing.
5. Owner is aware and understands that the "offer" to purchase
represented by this Agreement is subject 1o acceptance and approval by the Board of
County Commissioners of Collier County, Florida.
6. Owner represents that the Propedies and all uses of the Properties
have been and presently are in compliance with all Federal, State and Local
environmental laws; that no hazardous substances have been generated, stored,
treated or transferred on the Properties except as specifically disclosed to the
Purchaser; that the Owner has no knowledge of any spill or environmental law violation
on any property contiguous to or in the vicinity of the Properties to be sold to the
Purchaser, that the Owner has not received notice and otherwise has no knowledge of
a) any spill on the Properties, b) any existing or threatened environmental lien against
the Propedies or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Properties. This
provision shall survive closing and is not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the Purchaser
against and from, and to reimburse the Purchaser with respect to, any and all damages,
claims, liabilities, laws, costs and expenses (including without limitation reasonable
paralegal and attorney fees and expenses whether in court, out of coud, in bankruptcy
or administrative proceedings or on appeal), penalties or fines incurred by or asserted
against the Purchaser by reason or arising out of the breach of Owner's representation
under' Section 6. This provision shall survive closing and is not deemed satisfied by
conveyance of title.
8. The Purchaser shall pay for all costs of recording the conveyance
instruments in the Public Records of Collier County, Florida. All other costs associated
with this transaction including but not limited to transfer, documentary and intangible
taxes, and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated with
the securing and recording a Subordination, Consent & Joinder of Easement of the
mortgage(s) recorded against the Easement from the mortgagee(s).
9. This Agreement and the terms and provisions hereof shall be effective
as of the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees, whenever
the context so requires or admits.
10. If the Owner holds the Properties in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever for
others, Owner shall make a written public disclosure, according to Chapter 286, Florida
Statutes, under oath, of the name and address of every person having a beneficial
interest in the Properties before the Properties held in such ~.apacity is conveyed to
Purchaser, its successors and assigns. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant to Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from the
Page 3
11. Conveyance of the Properties, or any interest in the Properties, by
Owner is contingent upon no other provisions, conditions, or premises other than those
so stated above; and the written Agreement, including all exhibits attached hereto, shall
constitute the entire Agreement and understanding of the padies, and there are no
other prior or contemporaneous written or oral agreements, undertakings, promises,
warranties, or covenants not contained herein.
12. This Agreement is governed and construed in accordance with the
laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this f~¢'~ day of ,~' ¢J.~ ., l g~ ~....
Dated Project/Acquisition Approved by BCC: ~
Dated Project/Condemnation Approved by BCC; 6/22/99 Res. No. 99-283
AS TO PURCHASER:
'DATED:
ATTEST: ~.
DWIGHT E. BROCK, Clerk
~lqnature ~ly.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Pa~ela'S.'-~a~'ki~, Ch~in~v~man
AS TO OWNER:
DATED.,.~-e¢'~, \%, tqfiq_
Wetness (Sig~'ature)
(Prinl or Type)
W~n~i~nature) ~
(Pdn[ or Type)
Kenmark Construction, Inc.
a Florida corporation
Title: ~'~-~~
Naples, FL
OFFICE OF CAPITAL
3301 'EAST TAMIAMI TRAIL
(941) 774-8192
PROJECTS
NAPLES, FLORIDA 34112
SKETCH OF DESCRIPTION
(NOT A SURVEY)
PROJECT NO. 63041
PROJECT PARCEL NO. 152
25 FO,
DRAII*
WES! PROPERTY
(10~R OW)
GOLDEN GATE BOULEVARD
L EXIST. ~ bW EASEMENT----t
kGE. SIDEWALK, UTILITY
FEHAhlCE EASEMENT
TR/~
WEST 150 FEET
TRACT48
;T 48
~ t,~OR TH PROPERTY LINE
--- EXISTIhlG RIGHT OF 'CLAY LINE
PROPERTY LINE
L SOU TH PROC:'ER TY t INE
150'
DESCRIPTION:
THE SOUTH 25 FEET Of ThE HORTtt 75 FEET OF THE WEST 150
FEET OF TRACT 48, GOLOEhl GATE ESTATES UhlIT hiD 5,
AS RECORDED It,I PLAT BOOK 4. PAGE 91
OF THE PUBLIC RECORDS OF COLLIER COUt4TY, FLORIDA
//"~]3~EORGIF ~J RICIkYK)ND ~ L.S I J40~
~'/PUBL~ WORKS E~INEERINQ D/PT,
- 3~ 1 EAST T~ T~
N~ES. FLORIDA 34112
SH~=ET 1 OF 1
Golden Gate Boulevard
Parcel: 152
Temporary Driveway Restoration Easement
EXHIBIT "B"
THE WEST 30" FEET OF THE EAST 78 FEET OF THE SOUTH 30
FEET OF THE NORTH 105 FEET OF THE WEST 150 FEET OF
TRACT 48, GOLDEN GATE ESTATES UNIT NO. 5, AS RECORDED
IN PLAT BOOK 4, PAGE 91 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
.&
MEMORANDUM
RECEIVED
SEP I o I999
~Oard of Count~ Co~mlss foners
TO:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
FROM~~A. MOTT, SENIOR SPECIALIST
EAL PROPERTY MANAGEMENT
DATE: SEPTEMBER10,1999
RE: SALE OF GOLDEN GATE ESTATES PROPERTY
Attached you will find one (1) Real Estate Sales Agreement for execution by Chairwoman
Pamela S. Mac'Kie concerning the above transaction. Please be advised that Heidi F.
Ashton, Assistant County Attorney, has reviewed and approved the attached document.
Resolution 99-60 authorizing the Chairman of the Board of County Commissioners to
execute the Real Estate Sales Agreements was approved and executed on January 12,
1999, Item 16(D)(10).
Please fo~zard the Real Estate Sales Agreement to Ellie Hoffman, Records Technician
III, Minutes & Records, for attestation.
[Note: Ellie, after attestation of said document, please call extension
document pick-up as the Real Property Management Depadment will
necessary documents on the date of closing. ]
#8991 for
record all
Thank you.
Attachment as stated
SALES AGREEMENT !! (Parcel 52.)
REAl. ESTATE SALES AGREEMENT
THIS AGREEMENT made and entered into this /0'"X~ day of C)::~~, 1999, by and between
COLLIER COUNTY, a political subdivision of the State of Florida, h~reinafl, er referred to as SELLER. and
WAYNE COCIIRAN and MARGARET COCttRAN, hereinafter referred to as BUYER.
WHEREAS, SELLER desires to sell, and BtJYER 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, lhe receipt and sufficiency of which are hereby mutually acknowledged, it is agreed
by and between the parties as follows:
I. PREMISES
The real property which is the subject of this Agreement, (hereinafter referred to as 'Premises') is legally
described as:
The West 75 feet of the East 180 feet of Tract 16, Golden Gate Estates, Unit 47, according to the
plat thereof as recorded in Plat Book 7, Page 32, 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 hereinalter 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 PRIC~.
The Purchase Price ("f'urchase Price") for the Premises shall be TtlREE TtlOUSAND ONE HUNDRED
FIFTY ($3,15000) 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 TItREE HUNDREI) FIFTEEN ($315.00) 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 Premise~
shall be the sole and complete responsibility of BUYER.
The BUYER shall upon the execution of this Agreement pay the estimated appraisal fee in the amount of
$150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly.
If an appraisal update shall be required, then SELLER shall provide written confirmation of the update
prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER.
The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter
transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at ,, sales pri~ in
accordance with the appraisal or update. Following lhe expiration of this twenty (20) day period, if no new
Agreement is executed, the Earnest Money shall be returned to BUYER.
6. RIGHT OF FIRST REFUSA[,
The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on
the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this
paragraph, BUYER shall receive a full refund ofthelr Earnest Money. Avat,:r Properties Inc. will be responsible
for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase.
7. DISCLAIMER OF WARRANTII~$; "A~ IS" CONVEYANCF,
A. BUYER warrants and acknowledges to and agrees with SELLER that BUYER is purchasing the Premises
in an 'AS IS" condition and specifically and expressly without any warranties, representations or guarantees,
either express or implied, ofany kind, nature, or type whatsoever from or on behalf of the SELLER.
B. BUYER acknowledges that BUYER has made and/or has been given an adequate opporlunity 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 ADJUSTMENT,~
A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the
day preceding closing:
I. All installments of special assessments payable after the closing, whether for work commenced as of the
closing or otherwise, shall be paid exclusively by BUYER.
2. All other items required by any other provision of this Agreement to be prorated or adjusted.
B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to
the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such
prorations and adjustments shall be final.
C. BUYER hereby agrees to indemni~y 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. IFBUYER 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 b~
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 Io 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 lhe panics
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
I0. E.. XPENS, F_~_
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.
I 1. INTERMEDIARIES
A. BUYER represents to SELLER that there is no broker, finder or intermediary, ofany 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
within 90 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 parti ;s, and there arc 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 subse0uently executed by all of the
parties hereto.
C. Ho waiver of any provision or condhlon 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 olher 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 ret'er 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 it'said provision had been incorporated herein as
so limited, or as it'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 lo 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 wilh 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 Io 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 dale provided for herein or
agreed lo 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 any one of the parties hereto.
P. Neither this Agreement nor any memorandum or evidence hereof'shall be recorded in any public records by
BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the
Earnest 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 other,vise.
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 eft'ecl, 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 SELkER:
DATE:: ~/~,
A~EST: ,t' ~!..F. Z r~.~
.... ...; .... ..,.~ :.
~:~~;6 e put y Clerk
· '4. '-. , .. .. ~.~..
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slgnat~e ~11.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
oo .o
AS TO BUYERS:
Whn6sk.{signatur~7
(~ namcl
ncss (signature)
nnt name)
(print name)
WAYIkIE COCHRAN
STATE OF ~-~-~ R I'O/~
COUNTY OF ~/-
The foregoing Real Estate Sales Agreement was acknowledged before me this ~ day of
ff_t~t~ 199'ct, by WAYNE. COCHRAN, who is personally known to me or who has produced
as identification.
(affix notarial seal)
'= '~'LL_~. ~' '~ cc?a2ss7 Print Name
~'~. ~'-~'~.~ ,,¢c~..o,~,,,.., Commission Number ~.
Otf~ AUG. 21.2002
My Commission Expkes:
STATE OF ,~'L~, ,~- t~Y,1-
COUNVY
The foregoing Real Estate Sales Agreement was acknowledged before me this ~ day of
~ 1 ~.L, by MARGARET COCHRAN, who is personally known to me or who has produced
as identification.
(affix notarial seal)
1
l~ '~J~_~ · CC783S37
I +~_'-~-~ -, c~ ~
Commission Number ~ 3 ~3 r7
My Commission Expires:
~EIPT_
I. the undersigned, do hereby acknowledge receipt of a lotal of ,._~~_~, on this _L~ day of
(Initial Deposit ~ / Appraisal $~ / Additional Deposit $~..~_1Processin9 Fee $50.00)
Approved as to legal
form and su~ciency
^ssi~ant County ^ttomcy