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Ralph Sanchez, Sr.Memorandum TO: Ellie Hoffman Records Technician III Minutes & Records Management FROM: .-Toni A. Mort i,,iI Senior Specialist Real Property Management Department DATE: October 5, 1999 RE: Sale of' Golden Gate L:states Properly Ellie, attached please tind'one (I) original recorded Statutory Deed and one (I) original recorded Reverter Discharge & Release for the above referenced project. Resolution 99-60 authorizing the Chairman of the Board of County Commissioners to execute the Real Estate Sales Agreement and Statutory Deed was approved and executed on January i 2, 1999, Item 16(d)(l 0). Please contact me if you have any questions or comments at 8991. Thank you. attachments as stated HT 8~91 I~?E~ O~FICE *** 2535991 OR: 2595 PG: 1745 *** RRCORD~D In the OUICIA~, RllCORD$ of COLLIER CO~?T, ~'~, He H! 09/2'//H9~ at. 02:30PM D¥IGF{T !. BROCK, CLUI C01'IH S.O0 1.00 REVERTER DISC! lARGE & REI.EASE KNOW Al.l. MEN BY TIlESE PRESENTS: Avatar Properties Inc. f/k/a GAC Properties Inc., first party, for and in consideration of the sum of Ten and No/100 ($10.00) Dollars. and other vahmble considerations, received fron~ or on behalf of ('oilier ('ot,nty, a political subdivision of the State of Florida. secomt party, thc receipt whereof is hereby acknowledged, (\Vhcrever used hereto the tcnns "first patty" :md "sccomt party" shall include all the parties to this instrument and their respective successors and assigns.} IIEREBY rcmises, releases, acquits, satisfies, and fi~revcr discharges the firsl party's reverter right ondcr Paragraph 5 and the first party's right of first refimsal contained in Paragraph 8 of the Agreement dated November 15. 1983 between Avatar Properties Inc.. f/k/a GAC Properties Inc., and Collier County. a political subdivisi(m of the State of Florida, as recorded in Official Records llook I ~t40 at Page 270 in thc Public Records of Collier ('ounty. Florida, for Ibc lands described as: All of l'ract 71. Golden Gate F. statcs, Ilnit 67A, according to the plat thereof as recorded m Plat Book O, at Page 47. of the Public Records of Collier Ccmnty. Florida _~IN WI;FNESS WIIEREOF, I have hereunto set my hand and seal this t~.~ day of _0_~_ _ _-~_ .~ _(~'_ .... ,,.l,.. 19',9. .... "--~ \V~nes~ sf4]gnatttrc) L, 0 c0_r2__k;, tc _.. (p~amel Witness {signature) (prim nmnc) STAI'E OF FI.ORII)A: COUNTY OF D,M.~.: Iq ,A ~1 - t~ OcT AVATAR PROI)F. RT1ES INC., a Florida Corporation t'/ ~ Dennis J. German/ l£xect,tive Vice President Avatar Properties Inc. 255 Alhambra Circle ('oral (;ables, Florida 331~4 (('ORPORATE SEA[~) i The foregoing Reverter Discharge & Release was acknowledged before me this ~ day of tJmF)-a{/ . 1999, by Dennis J. German. Executive Vice President of Avatar Properties lnc.,'a ~i~r~cia' corporation, on behalf of the corporation. ' lie ts personally knox~:n Io me :.v .~..:~ ~-~s .rea_,2s:d ................ - /.. [ oFFiCIAL. 5:O1 ,~,<', '. ,'.. / *~ t~,mturc ~'~olary Public) ""l Y Ct ,* <K I ~ j K~MI)r.R · ," v~'x~v,' :lq ('qTA1''4~'~ ~l.t~q)A ~ --7 ............. ~ '~ ' ~,~x ,g:"~ w() c ~"~') / (Print NameorNota~) ~ ,,y,',~..*,.l~ ~':CN ~ < ~; ".; ..... "I NOTARY PUBI.IC Serial/Commission O: My ('ommls'ion Expires: ........ *** 2535992 OR: 2595 ?G: 1746 tlc FI! |.Il ~C-.10 t2.11 COPIIS #Z$C ~ te~n: RIAL lit THIS DEED, made this ~ day of ,19 ~_~__., 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 RALPH SANCHEZ, SR., having a mailing ~ddress of 330 20"' Avenue NE, Naples, FL 34120, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH thai 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: All of Tract 71, Golden Gate Estates. Unit 67A, according to the plat lhereof as recorded in Plat Book 9, Page 47, 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: :D, WlGHT E. BROCK. Cierk Atte~ af t~ Chmtr'~'s st~mture onljr. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAM---E-'-~-~. ~ ~N TPIS CO)4VEYANCE ACCEPTED BY THE' Ec.'r'~ OF COUt(TY COMMISSIONERS, CC I ' : ~' ':C'JrlT\', FLORIDA, FU~t j~t;l TO THE PROVISIO)IS CF ~ESGLUTIOIt riO. ~ I MEMORANDUM TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM;,'~?I"0NI A. MOTT, SENIOR SPECIALIST REAL PROPERTY MANAGEMENT DATE: SEPTEMBER 23, 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 August 12, 1999. The closing date for the above sale is scheduled for September 30, 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 ST Q THIS DEED, made this ,,~,5/',d;¢., day of ~ , 1973, by COLLIER COUNTY, a political subdivision of the Stale of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Flodda 34112, hereinafter called the Grantor, to RALPH SANCHEZ, SR., having a mailing address of 330 20~ Avenue NE, Naples, FL 34120, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grante~" 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: All of Tract 71, Golden Gate Estates, Unit 67A, according to the plat thereof as recorded in Plat Book 9, Page 47, 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 o.f 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: PAlM'AN 774-8400 MEMORANDUM TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM:.~,..'TONI A. MOTT, SENIOR SPECIALIST REAL PROPERTY MANAGEMENT DATE: SEPTEMBER 23, 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 #8991 for document pick-up as the Real Property Management Department will record all necessary documents on the date of closing. ] Thank you. Attachment as stated SALES AGREEMENT II {Parcel 90~ REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this~ day of~Y~____t_~l~ 1999, by and between COLLIER COUNTY, a political subdivision of the ~t'ate of Florida, hereinafter referred to as SELLER, and RALPH SANCltEZ, SR., 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 parlies as follows: The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: All of Tract 71, Golden Gate Estates, Unit 67A, according to the plat thereof as recorded in Plat Book 9. Page 47, 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 fight, title and interest in and to the Premises. A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. The Purchase Price ("Purchase Price') for the Premises shall be SIX THOUSAND SEVENTY-FIVE ($6,075.00) 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 SIX HUNDRED SEVEN AND 50/100 ($607.50) DOLLARS representing ten percent, I0%, 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 Ihe execution of this Agreement pay the estimated appraisal fee update in the amount of $75.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If aa 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. ?. ~I~R 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 behalfoflhe 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 the SELLER wilh respect to the comlition 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 tile 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 thc extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT: TERMINATIO~ 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 thc 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 v/as 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. 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 pakt by BUYER. 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. 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 ofthe 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. C. 'No w~ver 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 hc 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 thc computation of any period of time provided for in this Agrccmcnt or by law, any date falling on a Saturday, Sunday or legal holiday shall be dcemed 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 thc extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agrccment shall be construed as if said provision had been incorporated herein as so limited, or as i£said provision had not been includcd herein, as the case may be. F. l tcadings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall bc binding upon and shall inure to the benefit of thc 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 bc withhcld for any reason whatsocvcr. it. 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 Agrcement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may hc cxcculed 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 tbc institution of legal proccedings in connection with this Agreement, the party prevailing therein shall be cntitlcd to recover the costs and expenses incurred in conncction 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 partics, or any earlier date permitted herein. N. This Agrcemcnt is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to bca bcncficiary of any of the terms and conditions to bc pcrformcd by SELLER pursuant to this Agrcement. O. All of thc parties to this Agreement have participated fully in thc 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 Moncy, (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. None IN WITNESS WI IEREOF, the parlies have caused this Agreement to be executed as of the day and year first above written. AS TO S_~:t~LER: '_, D:ATE:~ A'~I'EST: .,,'' DWIGIIT E. BROCK, 'Cierk Attest a~ to Chairman's signature BOARD OF COUNTY COMMISSIONERS AS TO BUYER:_ Wi?sYs. s/~si gn atu ~_~_J_ _,___ / (print name) STATE OF ~ ~ COtmTY OF fore Real Estate Sales Agreement was acknowledged before me this//'~ ~day of The by RALPH SANCHEZ, SR., who is personally known to me or who has produced ,--,-.-.,-.~m identification. (affix notarial seal) Print Name Commission Number My Commission Expires: Appraisal ',.Tr~_, -'/~dditional__ Deposit $ ~ / Processing Fee $50.00) Approved as to legal form and auffi¢!ene, y He~d~ F. Ashton Assistant County Attorney