Kenneth & Tina BonnerTO:
MEMORANDUM
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
RECEIVED
SEP 2 1999
of Co~t~ C~ats$1oners
FROM: ~k.TONI A. MOTT, SENIOR SPECIALIST
MANAGEMENT
PROPERTY
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
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 II IParccl 44)
REAl. ESTATF~ SAI.ES AGREEMENT
TillS AGRL:EMENT made and cntcrcd into this 0.,~ day of ,~t.42.~___~ f-_, 4~Yd', by and between
COLLIER COI. JNI'Y. a political subdivision of iht State of Florida, hcrcinaflcr referred lo as SELl. ER, and
KENNETll BONNER and TINA BONNER. hereinafter referred to as BUYER.
WHEREAS, SELl.ER desires to sell. and BI. IYF. R desires Io purchase, lire property hereinafter described, al the
price and on thc tcnns and condilions hereinafter set forth.
NOW. '1"I IEREEORE. in consideration of tile recitals, tile mutual covenants hereinafter set forth and olher good
and valuable considerations, thc receipt and sufficiency of which arc hereby mutually acknowledged, it is
agreed by and between ibc panics as follows:
The real property which is tile subject of this Agreement. (hereinafter referred Io as "Premises") is legally
described as:
Tire East 75 feet of tile East 1511 feet of Tract 105. Golden Gate Estates, Unit 45, according lo the
plat lhcreofas recorded in Plat Book 7. Page 3(I, of the Public Records of Collier County, Florida.
2. SALE ired CONVEYANCE
A. SELLER agrees to sell and convey lire Premises to BUYER. anti BUYER agrees to purchase tire Premises
from SELLER, at the price and upon Iht other terms and conditions hereinafter scl forth:
I. All of SELLER'S right, title and interest in and to tire Premises.
A. Tille to tile PREMISES shall be conveyed to BUYER by Statutory Deed.
4. PURCtlASE PRIC[~
Thc Pnrchasc Price CPurchasc Price") for thc Premises shall be TWO TItOUSAND EIGIIT ItUNDRED
EIGI ITY (S2,880.00) DOLl. ARS, payable by BUYER to SELLER as follows:
A. Concurrently, with the execution hereof, BUYER shall pay lo SELLER, as earnest money hereunder
("Earnest Money") thc sum of TWO ItUNDRIr'.'D EIGIITY-EIGHT (S288.00) DOLLARS representing ten
percent, I0%, of thc purchase price, and FIFTY ($50.00) DOLLARS, which shall scn'e as a one time
processing fcc.
B. The balance, after credil for file Earnest Money. and plt,s or minus any fimher proralions and adjustments,
shall be paid by BUYE. R Itl SELLER i,t closing.
5. APPRAISAL
Tile BUYER further acknowledges that any appraisal fees and/or update fees for thc above described
Premises shall he lite sole and complete responsibility of BUYER.
'File BUYE. R shall upon tile execution of this Agreement pay tile estimated appraisal fee in thc amount of
$150.00. If Iht appraisal fcc is less than tile amount shown above, lite difference shall be rcfimded accordingly.
If an appraisal update shall be rcqt, ircd, then SELLER shall provide written confirmation of thc update fee
prior to ordering same. and Buyer shall remit thc update fcc within ten (10) days of receipt to SELLER.
Tile BUYER shall have twcnty (2{}) days from the dale 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 thc expiration of this twenty (20) day period, if no new
Agreement is excculed, tile Earnest Money shall be returned to BUYER.
6. RIGItT OI: FIRST REFUSAl
The BUYER acknowledges that Irc has been advised of lire right of first cefusal 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 fidl refund of their Earnest Money. Avatar Properties Inc. will be
responsible for payment of tile appraisal fees and/or update fees if it elects ti; exercise its right to purchase.
A. BUYI!R x~arrants and acknowledges lo ami ilgrc~.'s with SELl. ER Ihal BUYER is purchasin~ Ibc Premises
in an "AS IS" condition and specifically and expressly wilhoul any wa=anlies, representations or guaranlees.
eithcr express or implied, of any kind, nature, or type whalsoever l}om or on bebalfoflhe SELLER.
B. BUYER acknowledges lhal BraYER has made and/or has been given an adequatc opportunity to make
such legal, factual ;lilt[ other inquiries and il~vCstigatiolls ;Is Bt/YER deems necessa~,, desirable or appropriate
wilh respccl to the Premises.
C. Wiflaout in any way limiting the preceding paragraphs. BUYER acknowledges and agrees that be hereby
waives, releases and discharges any claim that he has, mighl haxe had. or may hax e against lhe SEI I.ER wit~
respect to the comliti(m of thc Premlsc's.
A. Thc Following ilelns shall be proralcd ami adlustcd between SELI.I'~R and I~,t !YI!R as of midnighl of Ibc
day preceding closing:
1. All installments of special assessments payable after thc closing, ~ berber lbr work commenced as of lbo
closing or othenvise, shall be paid exclusively by BUYER.
2. All other items required by any other provision orthis Agreement Io be prorated or adjusted.
B. Al the closing. Ibc anlotit~l of proration and adjuslmcnls as aforesaid shall hc tlclcm~ined or csfimaled to
the extent practicable and thc monelary adjustmenl shall be made between SEI.I.ILR and BUYI!R. All such
prorations and ad. jusm~en~s shall be final.
C. BUYIiR hereby agrees Io indemni~' and hold hamdess SEI.I.ER from and againsl each obligation of
SELLER for which, and Io lhe cxlcnl IJlal. crcdil has been given lo BUYER al lhe lime tH'closing.
A. If BUYER defaults hereunder, then provided SEI_LER is not in delimlh SELI.ER'S sole remedy shall be
Io lemHnale this Agrecmenl by giving Wrillen Notice lhereof Io BUYER. whereupon Ihe Earnest M~ney shall
be retained hy or paid to SELLER as liquidated damages which shall be SEI.LER'S sole and exclusive remedy,
and neilher patay shall have any ill,her liabilily or oblignlion Io Ihe olher. The pn~ies acknowledge and agree
Ihal SELI.ER'S aclual damages in
nsce~ain and lhal said amount of liquidated danlages was reasonably determined by nluttlaJ agreement belween
lhe panics and said sum was not inlended Io be a penally in nalure.
B. If SELLER defaults hereunder ami such defimlt has nol been cured wilhin Ih;ny (30) days n~er Writlen
Notice of such default lo SEI.I.ER, and provided BUYER is no~ in defaull, BUYER may le~inale Ibis
AgreemenL whereupon H~e Eamesl Money shall be promplly relumed Io BUYER and neilher pn~y shall have
any further liahilily
conlrary, file foregoing shall he BUYER'S sole illld exclusive remedy and shall preclude BUYER from lhe
exercise of all~' olher remedy.
IO.~
Any and all costs and expenses incurred h.v SEI.I.I!R m connection with Ihis transaction {excepting SELLER'S
altomcys' fees and Real listalc ('ommissionsL including, withoul limitation, recording fees, conveyance fees,
appraisal fees and 'or updalc l~cs. sctHcment Ibes. closing cosls, and transfer, documenla~ and inlangible laxes
of eve0' hair,re a~ld kind whalsocvcr, shall he borne and paid hv BUYER.
A. BUYER represents to SF.I.I.ER Ihal there is ~lt~ broker, finder or intennedii~ry of any kind whom BUYER
has been conlacted by or dealt with in connection with Ibis transaclion.
B. BUYER agrees Io indemnify and hokl harmless SELI.ER against and t?om all claims, demands, causes of
action, judgments and liabilities which may he asscncd or recovered for fees, commissions or olher
compensation claimed to be duc lo any broker, finder or intermediary with whom BUYER may have dealt in
connection with Hie IrallsactlOll. including costs alld reasonable atlome)'s' l~cs incidenl therclo.
C. This provision shall sun';ye closing.
12. D..L,O.SI.NG
Closing shall lake place during nounal business hours ~,I Ibc ('ot,nlv. Attorney's Office, Collier Counly
Courthouse, 3301 Easl Tam;ami Trail, Naples, Florida. 34112 or such olller local;on as SELLER may selecl,
within 90 days of tile ;ippraisal dale.
13. · :
A. This written Agreement, inch,ding all exhibits attached hereto anti docul'ncnls to hc delivered pursuant
hcrclo, shall constitute the cai;re agrcemenl and underslanding of Ibc pani~.s, and there are no olher prior or
contemporaneous written or oral agreements, undertakings, promises, warranties or covenatlls not conlained
herein.
B. This Agreement may bc amended only by a written memorandum subsequently executed by all of the
paflics hereto.
C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing
signed by such paay. No such waiver shall be taken as a waiver of any other or similar provision or of any
future cvcnl, act or delimit.
D. Time is of Iht essence of this Agrccmcnl. In Ibc computation of any period of lime provided for in this
Agreement or by law. any dale riffling on a Saturday, Sunday or lcgal holiday shall bc deemed to refer to thc
next day which is not a Saturday, Sunday or legal holiday.
E. In Ibc event Ih;ti any provision of this Agreement shall be uncnlbrccahlc m whole or in pan. such
provision shall be limited to thc extent ncccssa~ to render the same valitl, or shall be excised from this
Agreement, as circtm~stanccs require, and this Agreement shall be construed as if said provision had been
inco~oralcd herein as so limited, or as if said provision had not been included herein, as the case may be.
F. I tcadings of paragraphs are for convenience of reference only, and shall nol be construed as a paa of this
Agreement.
G. This Agreement shall be binding upon and shall inure to the benefit of thc paflics hcrelo, and their
respective heirs, executors, personal representatives, successors and assigns, provided, however, that Ibis
Agreement may not hc assigned by [iUYER without thc prior express written consent of SELLER, which
consent may be withheld fiw any reason whatsoever.
II. Any anti all notices pcmailtcd or required to be given hereunder shall be in writing and shall be either
personally delivered to Iht party or shall be sent by Unilcd States mail. postage prepaid, regislcred or cc~ified
mail. Any such notice shall be deemed given and effective upon receipt or rcfi~sal of delivc~ thereof by thc
primaD, pafly Io whom it is to be scnl.
I. This Agreement shall be govemcd in all respects by thc laws of thc State of Florida.
J. This Agreement may be executed in any munbcr of cotmtc~afls, any or all of which may contain the
signatures of less than all of thc paflics, and all of which shall be construed together as but a single instrument.
K. In thc event oflhc institution of legal proceedings in connection wilh this Agreement. thc party prevailing
thereto shall be cnlitlcd to recover thc costs anti expenses incu~cd in connection therewith, including, without
limitation, reasonable attorneys' fees.
L. Possession tffthc I)rcmiscs shall be delivered to the BUYER at closing.
M. Thc word 'UIosing" or words of similar impo~ as used in this Agreement, sh:dl be construed to mcan thc
originally fixed time and closing (latc spcciticd herein or any adjourned time and date provided for herein or
agreed to in writing by thc parties, or any earlier date pcnniltcd herein.
N. This Agreement is between SEI,I,ER and BUYER and no other party shall, under any circumstances, be
deemed to be a beneficiary of any of thc terms and conditions to be perforated by SELI, ER pursuant to this
Agreement.
O. All of thc panics 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 paflies 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 tem~inatcd, the
Earnest Money. (including any additional earnest money xvhich 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 fi~hcr intcrcsl in Ibc Premises, pursuant to this Agreement or othc~visc.
Q. Any prior agreements, representations, undcrstamlings or oral slatcmcnls, including, but not limited to
rendering or representations conlaincd in sales brochures, maps, sketches, advertising or sales materials, and
oral stalcmcnts of sales rcprcscnlativcs, if not expressed in this Agreement. arc void, have no effect, and have
not been relied upon by BI ;YER.
14. iL~i!JLEKI)A~ ION S:
None
IN WITNI!SS \VIII!R[!(}F, ~l~c parties haxc caused this Agreement to bc executed its oflh¢ day and ,),'ear first
above xvriltcn.
ATTEST:
DWIGIt r E. BROCK. Clerk
· Dcpu~ Clcrk
A~t~s~ ~s to Chafr~an';
$~iture only.
BOARD OF COs INTY COMMISSIONF:RS
COLLIER Cfl~UNTY. FLORIDA
PA~.. AC'KIE. CIIAffRWOMAN
AS TO BUyJ:.R:
DATE:__~¥ -
Wimess (signature)
(~nl name)
~(~ ~~ess (signature~
(print name)
Witness (signature)
~'[/.n. t name) /'1
yitness (signatu, r, qy
(print name)
KENNETll BONNER
TINA BONNER
cou w or
/f The foregoi~ Real Estate Sales Agreement ',vas acknmvledged belbre me this ,.~ day of
~~.,,~_.~_, 19:/'~z, by KENNETt! BONNER. who is personally known to me or who has produc~
' ~ . as identification.
(affix notarial seal)
/ ~e of Nota~ Pt~ljc
Print Name
Commission Number
My
Commission
E~ires:
J)' Tile foregoing. Real Estate Sales Agreement xvas acknowledged before mc this ~ day of
~.. , ,- , 19~"'bv, TINA BONNER. who is personally known to me or who has produced
/ ')~. __ as identification.
,.&/ .,. ///,~' //5/)
(affix notarial seal)
;./ .....
Print Name -
Comndssion Number
My Commission Ex,piws:
I,,the undersigned, do hereby acknowledge receipt of a total of ~, on this ~_~ day
~'$.~/Appraisal $ /,._~ /Addlt,onal Deposd $.~/Processing Fee
of
Approved as lo legal
form and sufficiency
,/-
Hcidi F. Ashion
Assistant County Atlomey
Memorandum
TO:
FROM:
DATE:
RE:
Ellie Hoffman
Records Technician Ill
Minutes & Records Management
, ,,,:-Toni ,,\. Mort
Senior Specialist
Real Property Management Dct)artn'~ent
November .I, 1999
Sale of Golden Gate Estates Property
Ell)e, attached ))lease find one (1) original recorded Statutory Deed and one (I)
original rccordeci Reverter Discharge & Release for the above referenced project.
Resolution 99-60 authorizing the ('hairman of the Board of County Commissioners to
execute the Real Estate Sales Agreement and Statutory Deed was approved and
executed on January 12, 1999, Item 16(d)(10).
Please contact mc il' you have any questions or comments at 8991.
Thank you.
attachments as stated
*** 2548898 OR: 2605 PG: 2197 ***
1.00
S T_A !U~T_O R_Y O_E ~_D_
or ~, 19'~1, by COLLIER COUNTY, a political
THIS DEED, made this~ day
subdivision of the State of Florida, havin9 a mailing address of 330-T-East Tamiami Trail, Naples, Florida
34112, hereinafter called the Grantor, to KENNETH BONNER and TINA BONNER, havin9 a mailing address
of 3966 Hollingsworth Road, Jacksonville, Alabama 36265, 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 Ihat 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 ol the East 150 feet of Tract 105, Golden Gate Estates, Unit 45, according Io
the plat thereof as recorded in Plat Book 7. Page 30, of the Public Records of Collier County,
Florida.
Subject to easements, restrictions, and reservations of r6cord.
IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its
Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year
aforesaid.
ATTEST:
DWIGHT E. BROCK, Clerk
At~t~est' .s to
· Ch~l~'s
signature
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~ ~
*** 2548897 OR: 2605 PG: 2196
~.t. P?OFE~TT RECORDBD in %he OFFICIAL RECDRDS of COLLIIR COUMTY, PL COPI[S
899t 10/27/1999 aL 01:07FM DWIGHT L BROCK, CL~RK
OFFICE
RI '..'} R I F.R I >l:,;t 11 ',.I.t( il. ,% REI FAS[.
KN()vv .',dA. MIgN B",' '{'I{I.?;E 1'141.74K.";"I'."4: A'.aLu I'rop,.'Ti)¢s {nc. fk n (L\(' J'Ti,pCT{{C*. {71<.
patty. Ii,, Atld ti% COI~',hteTdTTOIT *,1 ihe ..urn ,d' Icr, a,d N,, 1fill (5,]I) O¢)i I'hdlap.. and otb,.'? ',.fluable
,,co,id r3rly, ih,: lC, Cml ,q,o,:,,r l, hc,~.h:,, ac k,,,m I,.'d...z, vd.
t\Vher¢~Cl ::~cd hc:t.:n lite lcmi~ "l'~p.,l p,ltl}" ;ind "~cc,md p;illy" ~ll;:ll inchltlC ;Ill
IH{RI{I~Y t,.'misc,, rt..l,.'a:,¢'.,, acqu,:s, saUsfics, and fi,rover discharges :irc firs{ par:y"~ :::ve,t,:r Il[h! under
P.',ragraph 5 and dw thrs~ party'", r~gh! ,ff firs! reft:sM cnntair, ed in Paragraph K :ff Ibc Ag~cemcm dated
No,,cn',bcr 15. 19X3 t~ct',:ccn :\','~llar I'r,:,pctlic', Inc. fk'a (iA(.' Properties Inc. and ('nllicr ('ounly. a
po{ili'.';ll %llb~.llVl%i{lll Ill' lilt.' .";tale o1' Florida. ;is rco',rdcd III ()ffici;fl I':'.co,rds Ih,ok I ~40 zl! I'a.uc 270 m
]'ul',hc Rco,nl., {it'(',)][ic[ ('O[ll]lS', I'lor~da. Ibr lilt' I:m,.ls dt'scrfl',cd as:
.*o::,rding h, thc I',Jal thcp.'ol ,r. lc<oldcd 1ll li).{i I'h.,k ?..il I';,~t. ~( ,. iht. ['UbJl~
J{C<OfJJS lit (',}11Wt (OlHlly. JlJolld;I
255 Alhambra (':role
(',,ral ( ;ables. Flortda 33134
({ '( )R 1'( )R.\ I I{ SIL,\ I. )
5 I,VH( ()F I'll ()P, II)..\:
cot 'N' t",' ()}:.b~f-m~ (v(~t',,/2p -
~ .~ j..~ Il. lc I',,r:'g,,ln'..l J.<¢xcrtcr I)l:C}largc ,ii: I.{t'l:'nsc
Florida c!:rl .....I .......... bchalf,,t'th,..' ..... F,,,ration lit.' :s pt.'rTt/t~:,,
I I'rirll Name of Nmarv)
MEMORANDUM
TO:
SUE FILSON, ADMINISTRATIVE ASSISTANT
BOARD OF COUNTY COMMISSIONERS
FRO M,,'..,~'y,~N I
C;.~"v REAL
A. MO'FI', SENIOR SPECIALIST
PROPERTY MANAGEMENT
RECEiVED
SEP 2 4 999
~oard of Count~ C~,:tssloner?.
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 October 15, 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 thisc:~ 7hfl day of ..~. ~ , 19~_~__, by COLLIER COUNTY, a political
subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Flodda
34112, hereinafter called the Grantor, to KENNETH BONNER and TINA BONNER, having a mailing address
of 3966 HoIlingswodh Road, Jacksonville, Alabama 36265, hereinafter called the Grantee.
(Whenever used herein the terms "Grantor" and "Grantee" include all the padies 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 105, Golden Gate Estates, Unit 45, according to
the plat thereof as recorded in Plat Book 7, Page 30, 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.
A---Sm:'FRET
DWI ,GHT E'.IBROCK,. Clerl~".
: :: .-. ~:';','-:.... .. '¢ -..
· ..At.re. St,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, CHAIR~OM~.N
Prepared
3301
~aples, rlorid~ 34112
(941) 774-8400