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Creative HomesMEMORANDUM TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM: ,TONI A. MOTT, SPECIALIST II 'vTREAL PROPERTY MANAGEMENT DATE: JANUARY I$, 1998 RE: SAI.E OF GOLDEN GATE ESTATES PROPERTY Attached you will find one (I) Real Estate Sales Agreement for execution by Chairman Barbara B. Berry concerning the above transaction. Please be advised that tleidi F. Ashton, Assistant County Attorney, has reviewed and approved the attached document. Resolution 98-I0 authorizing the Chairman of the Board of County Commissioners to execute the Real Estate Sales Agreement was approved and executed on January 13, 1998, Item 16(D)(3). Please forward the Real Estate Sales Agreement to Ellie ltoffman, Records Technician IIL 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 ofclosing. ] Thank you. Attachment as stated SAI.ES AGREEMENT II (Parcel 61) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this,:,./',o..x::~ day of ~ , 199~, by and between COLL[ER COUNTY, a political subdivision of the State of' Florid~ hereinafter referred to as SELLER, and CREATIVE ttOMES OF SOUTttWEST FLORIDA, INC., a Florida corporation, 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 the subject of tills Agreement, (hereinafter referred to as "Premises") is legally described as: The North 75 feet of the South 150 feet of Tract 66, Golden Gate Estates, Unit 59, according to the plat thereofas recorded in Plat Book 7, Page 61, ofthe Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the l'remises 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 tile PREMISES shall be conveyed to BUYER by Statutory Deed. 4. _P...URCHASE PR1CE Tile Purchase Price ("Purchase Price") for the Premises shall be FOUR THOUSAND FIFTY ($4,050.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereo~, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of FOUR tlUNDRED FIVE ($405.00) DOLLARS representing ten percent, 10%, of the purchase price. 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 appraisal fee in the amount of $125.00. 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 (lO) days ofreceipt 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 tile 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 fight to purchase. 7..D!SCI.AIMER OF WARRANTIES; "/~S IS" CONVEYANCE A. BUYER warrants and acknowledges Io and agrees wilh 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 behalfofthe 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 lie has, might have had, or may have against the SELLER v;ith respect to the condition of fl~e Premises. 8. PRORATIONS_ AND. D ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding c osing' 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 ofclosing. 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 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 [he event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount ofliqt,idated 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. I0 E_E×PENSE._S 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 lees, conveyance fees, appraisal fees and/or update fees, settlement tees, closing costs, and transfer, documentary and inlangible faxes of every nature and kind whatsoever, shall be borne and paid by BUYER. II. JNTERMEDIARIES A. BUYER represents to SELLER that CREATIVE REALTY, INC., is the procuring Real Estate Broker and agrees to pay a five percent (5%) brokerage fee at closing. 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 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 lhe 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 panics 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 bc taken as a waiver ofany 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 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 thc event that any provision ofthis Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render thc 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. tteadings 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 st,ch 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 Flofida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures ofless than all ofthe parties, and all ofwhich shall be construed together as but a single instrument. K. In the event of the institution of legal proceedings in connection with this Agreement, the party prevailing therein shall be entitled to recover the costs and expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees. L. Possession of the Premises shall be delivered to the BUYER at closing. M. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. N This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of arty 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 hereofshall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. Q. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertisin8 or sales materials, and oral statements of sales representatives, if not expressed irt this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: 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: // r ..- ATTEST: : DWIGHT E. BROCK, Cl~rk , beputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BA R"gA R~,'B. AS TO BUYER: DATE: (pnnt name) Witn~stsignature) (print flame) CREATIVE HOMES OF SOUTHWEST FLQ..RIDA, INC., a Florida corporation UCE W. MUMM, Vice-President STATE OF ~q_ c~rL, o q- COUNTY OF, ( ~u,-c , ,-; '-- The foregoing Real Estate Sales Agreement was acknowledged before me this ~0 "" day of '~/o~c''~'~''s 19~?, by BRUCE W. MUMM, as Vice-President of CREATIVE HOMES OF §OUTHWEST FL~)RIDA, INC., a Florida corporation, who is personally known to me or who has produced rT.,¥ >.,..,..~:, ,.,,.,~.>, as identification. (affix notarial seal) 4..~C. g.z.. Signature/o[ l'~tary Publip~ krint Name /q' ~ ,~,~j/', ~ c~,~,~ cc~m,~ Commission Number (:C ~. '? ~ 0 ~ 6.. %.'?".,,' ~,~.,,, ^~,~,~ ,4,2oo, My Commission Expires: ~./~ · ~ oOI DEPOSIT RE~CEIPT total of~~ I, the u~ersigned, do hereby acknowledge receipt of ~ day of~', , .__, 1997. (Initial Deposit of $~~ paid on ~ /Appraisal of $~ /Additional Deposit $~ as additional deposit, on this paid on ~ Approved as to legal form and sufficiency Assistant County Attorney ~TATUTOR¥ DEED THIS DEED, made this ~f~ day of ~ , 19.~~-, by COLLIER COUNTY, a political subdivision of t~'e State'of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., a Florida corporation, having a mailing address of 1805 C.R. 951, Suite F, Naples, Florida 34116, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The North 75 feet of the South 150 feet of Tract 66, Golden Gate Estates, Unit 59, according to the plat thereof as recorded in Plat Book 7, Page 61, 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 aforesaid. ATTEST: : DWIGHT E. BROCK, Clerk day and year BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Prepared by: I;~Ui F. Ashton, ~squ{re t!~pics, Florida 341~Z {g41) 274-8400 .~ M E M 0 R A N D U ,Xl TO: FROM: DATE: Ellie Hoffman Records Technician III Minutes & P, ecords Management ~. ):ofii A. Mort :~,-, ,'" Real F'ropcrty Specialist Real Property Managemerlt Department April 8, 1998 RE: Sale of'Golden Gate Estates Property l:~llic, attached please find one (l)~ recorded Statutory Deed and one (1) ~ recorded Reverter Discharge & Release ['or the above referenced project. Resolution 98-10 authorizing thc Claairrnan of thc Board of County Commissioners to execute the Real Estate Sales Agreernents and Statutory Deeds was approved and executed on January 13, 1998, ltern 16(d)(3). Please contact lane if you have any questior~s or COllllllents at 8991. 'Tharik yOLI. atlachnnents as stated *** 2299649 OR: 2403 PG: 2818 *** co. MISC ~ .00 )).60 ).00 1,00 STATUTORY DEED THIS DEED, made this '¢ ' day of .-~.'7. ,. ,- ,,' . , 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 CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., a Flodda corporation, having a mailing address of 1805 C.R. 951, Suite F, Naples, Florida 34116, 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 West 75 feet of the East 180 feet of Tract 29, Golden Gate Estates, Unit 71, according to the plat thereof as recorded in Plat Book 5, Page 7, of the Public Records of Collier Counly, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BA~ARA B ~3ERRY~, CHA~R~ T;~IS CONVEYANCE ACCEPTED BY THE 60A~D OF COUNTY COMHISSIONE~, COLLIER COUNTY, FLORIDA, PURSUANT TO ll~E PP, OV~IONS. OF RESOLUTION ltO. ~'-(?',' I('' REVERTER DISCHARGE & RELEASE KNOW ALL MEN BY THESE 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 valuable considerations, received from or on behalf of Collier County, a political subdivision of the State of Flodda, second party, the receipt whereof is hereby acknowledged, (Wherever used herein the terms "first party" and "second party" shall include all the par~ies to this instrument and their respective successors and assigns.) HEREBY remises, releases, acquits, satisfies, and forever discharges the first party's reverter right under Paragraph 5 and the first party's dght of first refusal contained in Paragraph 8 of the Agreement dated November 15, 1983 between Avatar Properties Inc., f/k/a GAC Propedies Inc., and Collier County, a political subdivision of the State of Florida, as recorded in Official Records Book 1340 at Page 270 in the Public Records of Collier County, FIodda, for the Iands described as: The West 75 feet of the East 180 feet of Tract 29, Golden Gate Estates, Unit 71, according to the plat thereof as recorded in Plat Book 5, at Page 7, of the Public Records of Collier County, Florida IN WITNESS WHEREOF, I have hereunto set my hand and seal this ,., · . A.D., 19..~.". day of Signed. sealed and deJjk,,ered in prTence of: //')//) / W)t^ e s,s (sigb~tu/~)¢ (print Name)~ , ,,,,(, Witness (signature) (print name) AVATAR PROPERTIES INC., a Florida C,orporation Dennis J. Getrr~ Executive Vice President Avatar Propedies Inc. 255 Alhambra Circle Coral Gables, Flodda 33134 (CORPORATE SEAL) '. STATE OF FLORIDA: COUNTY OF DADE: The foregoing Reverter Discharge & Release was acknowledged before me this ~-:'~' day of '...;, ....... , , 19'~',, by Dennis J. Getman, Executive Vice President of Avatar Properties Inc., a Florida corporation, on behalf of the corporation. He is personally known to me or who has produced as identification. (Signature of .Notary Public) (Print Name of Notary') NOTARY PUBLIC Serial/Commission #:" ;' , ~, ', My Commission Expires: MEMORANDUM TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM:~,~'/NI A. MOTT, SPECIALIST 1II ~'REAL PROPERTY MANAGEMENT DATE: AUGUST 3, 1998 SALE OF GOLDEN GATE ESTATES PROPERTY Attached you will find one (1) Statutory Deed for execution by Chairman Barbara B. Berry 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 June 18, 1998. The closing date for the above sale is scheduled for August 3 l, 1998. Resolution 98-10 authorizing the Chairman of the Board of County Commissioners to execute the Statutory Deed was approved and executed on January 13, 1998, Item 16(D)(3). 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 ~ day of mai~l.' , 19~, by COLLIER COUNTY, a political subdivision of the State ~f Florida, having 'a address of 3301 East Tamiami Trail, Naples, Flodda 34112, hereinafter called the Grantor, to CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., a Flodda corporation, having a mailing address of 1805 C.R. 951, Suite F, Naples, Flodda 34116, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The South 75 feet of the North 180 feet of Tract 85, Golden Gate Estates, Unit 60, according to the plat thereof as recorded in Plat Book 7, Page 62, 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. Al-rEST:' DWIGHT E.. BROCKs' Clerk ".$1~atur.e .on l.~. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BARB~RA B. BERRY, "GFiAIRb~AN'~ Prepared by: Iteidt F. Ashton, Esquire ¢:~F!c~ ~f th? C~unty Attorney floples, Florida 34XXZ (94~) 774-B400 MEMORANDUM TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM.~TONI A. MOTT, SPECIALIST III REAL PROPERTY MANAGEMENT DATE: AUGUST 3, 1998 REz SALE OF GOLDEN GATE ESTATES PROPERTY Attached you will find one (1) Real Estate Sales Agreement for execution by Chairman Barbara B. Berry concerning the above transaction. Please be advised that Heidi F. Ashton, Assistant County Attorney, has reviewed and approved the attached document. Resolution 98-10 authorizing the Chairman of the Board of County Commissioners to execute the Real Estate Sales Agreement was approved and executed on January 13, 1998, Item 16(D)(3). 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 33) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ~7'T'A day of ~.. , 19/4"/1~'y and between COLLIER COUNTY, a political subdivision of the State of Florida, ~ereinafter referred to as SELLER, and CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., a Florida corporation, 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 fodh. 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 padies as follows: The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The West 105 feet of the West 180 feet of Tract 35, Golden Gate Estates, Unit 75, according to the plat thereof as recorded in Plat Book 5, at Pages 11 and 12, of the Public Records of Collier County, Florida. 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 hereinafler set forth: 1. All of SELLER'S right, title and interest in and to the Premises. A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4.~ The Purchase Price ("Purchase Price") for the Premises shall be FIVE THOUSAND SIX HUNDRED SEVENTY ($5,670.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with /he execution hereof, BUYER shall pay lo SELLER, as earnest money hereunder ("Earnest Money") the sum of FIVE HUNDRED SlXTY-SEV~EN ($567.00) 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. 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 appraisal fee in the amount of $125.00. If the appraisal fee is less than /he amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of /he 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 wilh 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.~ The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as conlained 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. ~; "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 the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJ.L/STMENT~S 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 1o be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent praclicable and the monetary adiustment 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 Io the extent that, credit has been given to BUYER al the time of closing. 9. [2EF_A.~L.~'; TERM NATION~ 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 lhe Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neilher party shall have any fudher liability or obligation to the other. The padies acknowledge and agree thai SELLER'S actual damages in the event of BUYER'S default are uncedain in amount and difficult to ascertain and that said amounl of liquidated damages was reasonably determined by mutual agreement between Ihe 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 lhirty (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 lo BUYER and neither party shall have any further liability or obligation to ihe 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. Any and all costs and expenses incurred by SELLER in connection wilh this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or updale fees, settlement fees, closing costs, and transfer, documenlary and intangible Iaxes of every nalure and kind whatsoever, shall be borne and paid by BUYER. A. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. BUYER shall indemnify SELLER and hold SELLER harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by BUYER as a real estate broker, salesman or representative, in conneclion with this Agreement, including costs and reasonable attorneys' fees incident thereto. B. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at Ihe County Attorney's Office, Collier County Coudhouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 90 days of the appraisal date. 13. GENERAL PROVISION~ A. This written Agreement, including all exhibits attached hereto and documents lo be delivered pursuant hereto, shall constitute lhe 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 padies hereto. C. No waiver of any provision or condilion of this Agreemenl 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 compulation of any period of lime 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 pad of this Agreement. G. This Agreement shall be binding upon and shall inure to Ihe benefit of the parties here[o, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreemenl may nol 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 wriling 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 pady 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 padies, 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, Ihe party prevailing therein shall be entitled to recover the costs and expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees. L. Possession of the Premises shall be delivered to Ihe BUYER al closing. M. The word "Closing" or words of similar impod 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 padies, 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 padicipated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the padies 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 relained 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 lhis Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. QTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be execuled as of the day and year first above written. DATE: . . ATTEST: DWIGHT E. BROCK, Clerk · ' ' slgnatiJre, onl.y. AS TO BUYER:'." . tttt~cs~-(s ign at u r c ) · hint: r (print name) C/~ Ac ,/ t..,4 E (~tro ^, ,~ .,4..ca (print name) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ARB~,R/~ B, BERRY,X~HAIR'~AI~ ('REATI\q:, IIOMES OF Sou'rttWEST FLORIDA INC, a Florida corporation M,,\RJO VALLL:, Vicc-Prcsidcnt Salcs& Marketing ST^TE -Ioti a 5bl Thc foregoing Real Estate Sales Agreement was acknowledged before me this .L~day of ~ . 19_~, by MARLO VALLE. as Vice-President of Sales & Marketing for CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., a Florida co~oration, ~ known to me or who has produced as~nti fication. (affix notarial seal) :~ ~.~ [ ~ignature of Nol~'Public ~ DORIS C~Or~BERG Print Name Commission Number My Commission Expires: I, the und~e_r_signed, do hereby acknowledge receipt of a total o~'~~, on this day of ___~_.~...~. (Initial Deposit $~'/ Appraisal $~/ Additional Deposit $..,..~.~..,0 I Processing Fee Ir¸ Approved as to legal form and sufficie,~cy r~e~a~ r. ~sn~on Assistant County Attorney MEMORANDUM TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM~ONI A. MOTT, SPECIALIST III REAL PROPERTY MANAGEMENT DATE: AUGUST 3, 1998 SALE OF GOLDEN GATE ESTATES PROPERTY Attached you will find one (1) Statutory Deed for execution by Chairman Barbara B. Berry 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 June 18, 1998. The closing date for the above sale is scheduled for August 31, 1998. Resolution 98-10 authorizing the Chairman of the Board of County Commissioners to execute the Statutory Deed was approved and executed on January 13, 1998, Item 16(D)(3). Please forward the Statutory Deed to Elite Hoffman, Records Technician III, Minutes & Records, for attestation. [ Note: Elite, 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 , ? day of ~_~.~.~_ , 19~, by COLLIER COUNTY, a political subdivision of the State of Flodda, having a mailir~address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., a Flodda corporation, having a mailing address of 1805 C.R. 951, Suite F, Naples, Flodda 34116, hereinafter called the Grantee. (VVhenever 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, Flodda: The West 105 feet of the West 180 feet of Tract 35, Golden Gate Estates, Unit 75, according to the plat thereof as recorded in Plat Book 5, Pages 11 and 12, 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 o1' said Board, the day and year aforesaid. ATTEST: DWIGHT E. BRO(~K, Clerk ~ttest as to Chairman's $!gn. ature onl$... BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA 13~RA B. BE~RRY;~HAIR'~AN ~, Prepared by: Hetd~ F, Ashton, Esquire OFFice of the County ~ttorne) 3301 East la~iami Trail Ilaple$, Florid~ 34[iZ (941) 774-8400 MEMORANDUM TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM: .. T~NI A. MOTT, SPECIALIST III ~ REAL PROPERTY MANAGEMENT DATE: AUGUST 3, 1998 SALE OF GOLDEN GATE ESTATES PROPERTY Attached you will find one (1) Real Estate Sales Agreement for execution by Chairman Barbara B. Berry concerning the above transaction. Please be advised that Heidi F. Ashton, Assistant County Attorney, has reviewed and approved the attached document. Resolution 98-10 authorizing the Chairman of the Board of County Commissioners to execute the Real Estate Sales Agreement was approved and executed on January 13, 1998, Item 16(D)(3). 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 Agreemenl II/Parcel 62) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ~ day of -.-4~.,~~_, 19L~, by and between COLLIER COUNTY, a political subdivision of the State of Florida4;~[,reinafter referred to as SELLER, and CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., a Florida corporation, 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 fodh. 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.~ The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The South 75 feet of Ihe North 180 feet of Tract 85, Golden Gate Estates, Unit 60, according to the plat thereof as recorded in Plat Book 7, at Page 62, of the Public Records of Collier County, Florida. 2. 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 Ihe other terms and conditions hereinafter set forth: 1. All of SELLER'S right, lille and interest in and to the Premises. A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. P_L[B~ The Purchase Price ("Purchase Price") for [he Premises shall be FOUR THOUSAND FIVE HUNDRED ($4,500.00) 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 FOUR HUNDRED FIFTY ($450.00} 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 fudher prorations and adjustments, shall be paid by BUYER to SELLER at closing. 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 lhis Agreement pay the estimated appraisal fee in the amount of $125.00. 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.~ 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 ~o purchase. 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 lhe 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 with respect to the condition of the Premises. 8. T T T 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 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. ' R I 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 parly shall have any fudher 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 padies 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 thidy (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 lransfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. A. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. BUYER shall indemnify SELLER and hold SELLER harmless from and against any claim or liability for commission or fees lo any broker or any other person or pady claiming to have been engaged by BUYER as a real eslate broker, salesman or representative, in connection with lhis Agreement, including costs and reasonable attorneys' I'ees incident thereto. B. This provision shall survive closing. Closing shall take place during normal business hours at the County Attorney's Office, Collier County Coudhouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 90 days of the appraisal date. 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 padies hereto. C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such pady. 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 benefil of' the parties herelo, and their respective heirs, executors, personal represenlaUves, 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 ~o 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 pady to whom il is to be sent. I. This Agreemen~ shall be governed in all respects by Ihe laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. In the event of the institution of legal proceedings in connection with this Agreement, the party prevailing therein shall be entitled to recover the costs and expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees. L. Possession of the Premises shall be delivered to the BUYER at closing. M. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the padies, or any earlier date permitted herein. N. This Agreement is between SELLER and BUYER and no other pady shall, under any circumstances, be deemed to be a beneficiar~ of any of the terms and conditions Io 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 lhe 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 Earnes~ 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 interesl in the Premises, pursuant to this Agreement or otherwise. Q. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of Ihe day and year first above written. DATE: DWIGHT E. BROCK, Clerk ~lgnature onion. · nc~ (si~naturc) (prh~[ namc) Witnes~ (signature) (print n~e) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ('REAIIIVE I IOMES OF SOUTtlWEST FLORIDA IN(', a Florida corporation,, - ~, icc-Presidcnt Salcs & Marketing (affix notarial seal) h,~, C~mu,, £m. fi.'30,'2001 tlo CC6~,9~17 STATE OF ~-J(.)r i C,~. COUNTY OF ~~ .~ Thc £oregoing Real Eslale Salts Agreement was -~cknowlcdBed be£ore me Ibis ~ day or bf12~, I g_~ by MARLO VALLE, as Vice-President of Sales & Markctin§ For CREATIVE HOMES OF SOUTItWEST FLORIDA, INC., a Florida corporation, who is personally known to me or who has produced as ideutification. Print Name Commission Number My Commission Expires: ', the unde_.,~rsigned, do here.by acknowledge receipt of a total of .~.~~, ~, on this ._..~'"" d.y of ~, ~. (initial Oeposit $~_~_~_ / Appraisal $~ / Additional Deposit $~/ Processing Fee Approved as to legal form,and sufficiency . / Assistant County Attorney M E M O R A N D U M 'FO: Ellie Hoffman Records Technician 1II Minutes & Records Management FROM,:. ,,,x~Foni A. Mott . ,,,k~ Senior Specialist Real Property Management Department DATE: October i 3, 1998 RE: Sale of Golden Gate Estates Property Ellie, attached please find two (2) copies of recorded Statutory Deeds and two (2) copies of recorded Reverter I)ischargc & Releases for the above referenced project. Please be advised that the original docunlents were never received from the Recording Department 1hr these transactions, so i am providing copies for the file. Resolution 98-!0 authorizing the Chairman of the Board of County Commissioners to execute the Real Estate Sales Agreements and Statutory Deeds was approved and executed on January 13, 1998, Item 16(d)(3). Please contact me if you have any questions or comn'mnts at 8991. 1'hank you. attachments as stated STATUTORY DEED *** 2368912 OR: 2459 PG: 1385 *** RE¢OI~DID in OUICIA~ RI¢ORD$ o! COt, T. IIR COUMTT, F- 0~/08/~8 ~L 02:30F~ DVlGRT I. ~0C~, co~s t500,00 DOC-.70 31,5Q BI? Ugl ~ THIS DEED, made this ~ day of ~~(tBl~__.~'C~ by COLLIER COUNI%z, a political subdivision of the State of Florida, having a mail~; address or 3301 East Tamiami Trail, Naples, Flodda 34112, hereinafter called the Grantor, to CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., a Flodda corporation, having a mailing address of 1805 C.R. 951, Suite F, Naples, Florida 34116, 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 corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) lo it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Flodda: The South 75 feet of the North 180 feet of Tract 85, Golden Gate Estates, Unit 60, according to the plat thereof as recorded in Plat Book 7, Page 62, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E.. BROCK; Clerk,,, "signature onlj. , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA THIS CONVEYANCE ACCEPTED BOARD OF COUNTY COLLIER COUNTY~ FLO~D^, . PURSUAtiT TO THc OF RESOLUTION ,0. *** 2368911 OR: 2459 PG: 1384 *** RIC ~!1 ~.OO COHiS Retn: REYERTE~ Dt$CHARGE& lXTll KNOW ALL MEN BY THESE 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 valuable considerations, received from or on behalf of Collier County, a political subdivision of the Stale of Florida, second party, the receipt whereof is hereby acknowledged, (Wherever used herein the terms "first party" and "second party" shall include all the parties to this instrument and their respective successors and assigns.) HEREBY remises, releases, acquils, satisfies, and Iorever discharges the first party's reverter right under Paragraph 5 and the first party's right of first refusal 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 subdivision of the State of Florida, as recorded In Official Records Book 1340 al Page 270 in the Public Records of Collier County, Florida, for the lands described as: The South 75 feet of the North 180 feel o1' Tract 85, Golden Gate Estates, Unit 60, according to the plat thereof as recorded in Plat Book 7, at Page 62, el the Public Records of Collier County, Florida ,WITNESS WHEREOF,/~L..have hereunto set my hand and seal this ~,2 i day of ~ ., A.D,, Igu~. Signed, sealed and delivered .~. );2, ~ ~[/ y ~... j(..~ence of: ~.~ Wit s's(~i' ture).-/T' -- (~rint ~ame) Witness (signature) (print name) AVATAR PROPERTIES INC., a Florida Corporation _ BY:~ Executive Vice President Avatar Properties Inc. 255 Alhambra Circle Coral Gables, Florida 33134 (CORPORATE SEAL) ; STATE OF FLORIDA: COUNTY OF DADE: '. .... ...~J~. e foregoina Revealer Discharge & Release was acknowledged before me this day of ~, 19_~', by Dennis J. Gelman, Executive Vice President of Avatar Properties Inc., a Florida:-- '-- ' - "'--'4- corporation, on behalf of the corporation, He is personally known me er-wrm'l~s.p r.c~t~:f (S.~n.ature. of,..Ng.la.r~ .Public) (Print Name of Notary) NOTARY PUBLIC Serial/Commission #:(~. '7""~ My Commission Expires:~~ Prepared by: I.tcl~.t F, Ptht.~'~. F~squtre 3'.' ; ; .,'', h';il (941) 2t4-8400 *** 2368910 OR: 2459 PG: 1383 *** H/0I/~I at 02:}0~l COIS 5670.00 DOCo. N ReLn: RIAL THiS DEED, made this ~ day of .~.~INH~J~lby COLLIER COUNTY, a political subdivision of the Slate of F orida, having a mailir~address of 3301 East TamiamJ Trail, Naples, Flodda 34112, hereinafter called the Grantor, to CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., a Flodda corporation, having a mailing address of 1805 C.R. 951, Suite F, Naples, Flodda 34116, 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 105 feet of the West 180 feet of Tract 35, Golden Gate Estates, Unit 75, according to the plat thereof as recorded in Plat Book 5, Pages 11 and 12, 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 Ihe Chairman or Vice Chairman of said Board, the day and year aforesaid. A1 rEST: DWIGHT E. BROCK, Clerk '~" &s A~tcst to £hatrmafl' s s I gnature onl ~,. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA prepared (,~: !c" ~r :.!.,,, ,'r.,.,~.f Attorne7 T~IS CO~YErANCE ACCEPTED BY TflE'l 80ARD OF COUNTY CO~HISSIONERS, / COLLIER COUNTY, FLORIOA, *** 2368909 OR: 2459 PG: 1382 *** RICORDID ~n 0U[CIR: llCORH et C0:Ltll C0~171, IL 0~/0l/gl It 02:30H O~ZGff! I. HOC[, rLiI[ IIC Ill COPIIS 1.00 RIAL PROPIR?! REVERTER DISCHARGE KNOW ALL MEN BY THESE PRESENTS: Avatar Properties Inc. flkJa GAC Properties Inc., first party, for and in consideration of Ihe sum of Ten and No/100 ($10,00) Dollars, and other valuable considerations, received from or on behalf of Collier County, a political subdivision of the State of Florida, second party, the receipt whereof is hereby acknowledged, (Wherever used herein the terms "first party" and "second party" shall Include all the parties to this instrument and their respective successors and assigns.) HEREBY remises, releases, acquits, satisfies, and forever discharges the first party's reverter right under Paragraph 5 and the first party's right ol first refusal contained in Paragraph 8 of the Agreemenl dated November 15, 1983 between Avatar Properties Inc., f/k/a GAC Properties Inc., and Collier County, a political subdivision of the State of Florida, as recorded in Official Records Book 1340 at Page 270 in the Public Records of Collier County, Florida, for the lands described as: The West 105 feet of Ihe West 180 feet of Tract 35, Golden Gate Eslales, Unil 75, according to the plat Ihereof as recorded in Plat Book 5, al Pages 11 and 12, of the Public Records of Collier County, Florida WITNESS WHEREOF, I have ~'~ ~' ¥'---- '" , A.D.,19...~_~ hereunto set my hand and seal lhis ..~ day of Signed, sealed and delivered i., pre,~ence of: ? / i ness (signature) (print name) AVATAR PROPERTIES INC., a Florida Corporation .-, A BY: ' Executive Vice President Avatar Properties Inc. 255 Alhambra Circle Coral Gables, Florida 33134 (CORPORATE SEAL) STATE OF FLORIDA: .'... · COUNTY OF DADE: ' '" T_be {oregoing Revertej[' Discharge & Release was acknowledged before me this day of ~, 19~", by Dennis J. German, Executive Vice President of Avatar Properties Inc.,~ a Florida corporation, on behalf of the corporation. He is personally known to me-oc-who, has produced as identification. ? /,') /  (S.i~atufe o! ~:)ta...~ ?ublizC~) NOTARY PUBLIC Serial/Commission #:~, My Commission Explres:~ MEMORANDUM TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM~\~ONI ,~' REAL A. MOTT, SENIOR SPECIALIST PROPERTY MANAGEMENT DATE: SEPTEMBER 17, 1998 RE: SALE OF GOLDEN GATE ESTATES PROPERTY Attached you will find two (2) Real Estate Sales Agreements for execution by Chairman Barbara B. Berry concerning the above transaction. Please be advised that Heidi F. Ashton, Assistant County Attorney, has reviewed and approved the attached documents. Resolution 98-10 authorizing the Chairman of the Board of County Commissioners to execute the Real Estate Sales Agreements was approved and executed on January 13, 1998, Item 16(D)(3). Please forward the Real Estate Sales Agreements to Ellie Hoffman, Records Technician III, Minutes & Records, for attestation. [ Note: Ellie, after attestation of said documents, please call extension //8991 document pick-up as the Real Property Management Department will record necessary documents on the date of closing. ] for all Thank you. Attachments as stated (Sales Agreement II/Parcel 14A) REAL ESTATE SALES AGREEMENT / THIS AGREEMENT made and entered into this _,f)-//__ day of ,zJ,z ~, 19..~.~_., by and between COLLIER COUNTY, a political subdivision of the State of .Bereinafter referred to as SELLER, and CREATIVE HOMES OF SOUTHWEST FLORIDA, INC,, a Florida corporation, hereinafter rel'erred to as BUYER. WHEREAS, SELLER desires lo sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafler set fodh. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and olher good and valuable considerations, [he receipt and sufficiency of which are hereby mutually acknowledged, il is agreed by and between the parties as follows: The real properly which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The West 75 feet of the Easl 180 I'eel of Tract 111, Golden Gate Estates, Unit '71, according to the plat thereof as recorded in Plat Book 5, at Page 7, of the Public Records of Collier County, Florida. 2. A. SELLER agrees to sell and convey Ihe Premises to BUYER, and BUYER agrees Io purchase the Premises from SELLER, at Ihe price and upon the other terms and conditions hereinaRer sel [odh: 1. All of SELLER'S righl, title and inlerest in and to the Premises. A. Title to the PREMISES shall be conveyed to BUYER by Statu(o~ Deed. 4. ~~ The Purchase Price ("Purchase Price") for the Premises shall be FOUR THOUSAND NINE HUNDRED FIFTY ($4,950.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, wilh Ihe execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of FOUR HUNDRED NINETY-FIVE ($495.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.0G) DOLLARS, which shall se~e as a one time processing fee B. The balance, after credil for lhe Earnest Money, and plus or minus any fudher prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5.~ The BUYER fudher acknowledges that any appraisal fees and/or update fees for lhe above described Premises shall be lhe sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated appraisal fee in lhe amount of $125.00. I~ the appraisal Cee is less Ihan lhe 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 ~ee prior to ordering same, and Buyer shall remil the update fee wilhin len (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipl of the regislered or ce~i~ed letter transmilfing the appraisal and/or updale ~o enler into an amended Real Estate Sales Agreement al a sales price in accordance with Ihe appraisal or updalo. Following the expiration of this twenty (20) day period, if no new Agreement is execuled, lhe Earnest Money shall be returned to BUYER. The BUYER acknowledges Iha~ he has been advised of the right oF first refusal to purchase Ihe Premises on the same terms as contained in this Agreement by Avatar Propedies Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a tull refund of their Earnest Money. Avalar Properties Inc. will be responsible for payment of lhe appraisal tees and/or update fees it it elects to exercise its righ~ [o purchase. A. BUYER warrants and acknowledges to and agrees with SELLER thai BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly wilhoul any w~rr~nfies, representations or guarantees, eilher express or implied, o[ any kind, nature, or type whatsoever Irom or on behalf of lhe SELLER. B. BUYER acknowledges that BUYER has made and/or has been given an adequate oppo~unily to make such legal, factual ~nd other inquiries and investigations as BUYER deems necessa~, desirable or appropriate wi[h respecl to lhe Premises. C. Without in any way limiling 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 ADJUSTMF~ 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 afler 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 adjuslmenls as aforesaid shall be de[ermined or estimated to the extent practicable and Ihe monelary adjuslment shall be made between SELLER and BUYER. All such proralions and adjustmenls shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligalion of SELLER for which, and to lhe exten~ thai, credit has been given to BUYER at the time of closing. A. II BUYER defaults hereunder, lhen provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Wrilten Nolice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid lo SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neilher party shall have any further liabilily or obligation to the other. The parties acknowledge and agree thal SELLER'S aclual damages in Ihe event of BUYER'S default are uncertain in amount and difficult to ascertain and thal said amounl of liquidated damages was reasonably delermined by mutual agreement belween the parties and said sum was intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has nol been cured wilhin thirty (30) days after Wrilten No~ice of such default to SELLER, and provided BUYER is nol in default, BUYER may lerminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neilher party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to Ihe contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any olher remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with lhis transaction (excepting SELLER'S attorneys' fees and Real Estale Commissions), including, without mitation, recording fees, conveyance fees, appraisal fees and/or update lees, setllement fees, closing costs, and transfer, documentary and intangible taxes of every nalure and kind whatsoever, shall be borne and paid by BUYER. A. Any and all brokerage commissions or fees shall be the sole responsibilily of the BUYER. BUYER shall indemnify SELLER and hold SELLER harmless from and against any claim or liability for commission or fees ~o any broker or any olher person or party claiming to have been engaged by BUYER as a real estate broker, salesman or representative, in connection with this Agreement, including costs and reasonable altorneys' fees incident thereto. B. This provision shall survive closing. 12. CLOSING Closing shall ~ake place during normal business hours at the County Attorney's Office, Collier Counly Courthouse, 3301 Easl Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 90 days of the appraisal date. 13. A. This written Agreement, including all exhibits attached hereto and documents Io be delivered pursuant hereto, shall constitute Ihe entire agreement and understanding of Ihe parties, and there are no other prior or contemporaneous wrilten or oral agreemenls, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a writlen memorandum subsequently executed by all of the parties hereto. C. No waiver of any provision or condilion of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be laken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of lhe essence of this Agreement. In the computation of any period of time provided for in this Agreemenl 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 lhis Agreemenl shall be unenforceable in whole or in part, such provision shall be limited to the exlent necessary to render Ihe same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be conslrued as if said provision had been incorporated herein as so limiled, 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, lhat this Agreement may no/ be assigned by BUYER without the prior express wrilten consent of SELLER, which consenl may be withheld for any reason whatsoever. H, Any and all notices permitled or required to be given hereunder shall be in writing and shall be either personally delivered Io the party or shall be sent by United Slates mail, postage prepaid, regislered 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 Io be senl, I. This Agreement shall be governed in all respecls by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all ot' which may contain the signatures of less than all of the parties, and all of which shall be construed logelher as but a single instrument. K. In the event of lhe inslitulion of legal proceedings in connection with this Agreement, lhe party prevailing therein shall be entitled to recover the costs and expenses incurred in connection Iherewith, including, without limitation, reasonable attorneys' fees. L, Possession of the Premises shall be delivered to the BUYER al closing. M. The word "Closing" or words of similar impod as used in this Agreement, shall be construed Io 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 padies, or any earlier date permitled 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 Io be performed by SELLER pursuant to this Agreement. O. All of lhe parties Io this Agreement have padicipated fully in lhe negoliation and preparation hereof; and, accordingly, this Agreement shall not be more striclly 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 Agreemenl), shall Ihereupon be retained by or paid Io SELLER as liquidated damages for such default, and BUYER shall have no I'urther inlerest in the Premises, pursuant to this Agreement or otherwise, Q. Any prior agreements, representations, understandings or oral slatemenls, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral stalements of sales representalives, if not expressed in this Agreement, are void, have no etfecl, and have not been relied upon by BUYER. 14. J~~Q~L~: None IN WITNESS WHEREOF, lhe padies have caused this Agreement to be executed as of the day and year first above wriIten, AS TO SELLER:., / ... .ATTEST: DWIGHT E. BROCK, Clerk AS TO BUYER: Wilncss (signatt,rc) - BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CREATIVE IIOMES OF SOUTtlWEST FLORIDA INC, a Florida corporation MA/RIO VALL'E, ~':c-Prcsiden! Sales & Marketing STATE OF ~ COUNTY OF ~ _..,*- Thc forcgoing Rcal Eslatc Salcs Agrccmcn! was acknowlcdgcd bcfore mc Ihis .L~..~day of ~__, 19~[~2., by MARLO VALLE, as Vicc-President of' Sales & Markcling for CREATINE HOMES OF SOUTHWEST FLORIDA, INC., a Florida corporation, known to me or who has produccd as idcntification. (a~x notarial scal) Signature of Notary Public Print Name Commission Number My Commission Expires: (S. ales Agreement II/Parcel 71 ) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ,,~./ day of ~~__~., 19..~...~, by and between COLLIER COUNTY, a political subdivision of the Slate of Flodd~o, hereinafter referred to as SELLER, and CREATIVE HOMES OF SOUTHWEST FLORIDA, INC,, a Florida corporation, hereinafter referred Io 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 consideralion of the recitals, the mulual covenants hereinafter set fodh 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: The real properly which is the subjecl of this Agreemenl, (hereinafter referred to as "Premises") is legally described as: The West 75 feet of the West 150 feet of Tract 43. Golden Gate Estates, Unit 64, according to Ihe plat thereof as recorded in Plat Book 7, at Page 64, of the Public Records o! Collier County, Florida. A. SELLER agrees to sell and convey the Premises lo BUYER, and BUYER agrees to purchase the Premises from SELLER, al lhe price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S righl, litle and inleresl in and 1o lhe Premises. A. Title to the PREMISES shall be conveyed lo BUYER by Statulory Deed. 4. The Purchase Price ("Purchase Price") for Ihe Premises shall be FOUR THOUSAND FIVE HUNDRED ($4,500.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with Ihe execution hereof, BUYER shall pay 1o SELLER, as earnest money hereunder ("Earnesl Money") the sum of FOUR HUNDRED FIFTY ($450.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($5000) 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. The BUYER fudher 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 appraisal fee in the amounl of $125.00. If the appraisal fee is less than the amounl shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the updale fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipl to SELLER. The BUYER shall have twenty (20) 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 wilh 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. The BUYER acknowledges that he has been advised of the righl of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Propedies Inc. If Avalar 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. ~ES; .... 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, representalions or guaranlees, 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 oppodunity to make such legal, factual and olher inquiries and invesligations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. VMiU~out in any way limiting the preceding paragraphs, BUYER acknowledges and agrees thai he h~reby waives, releases and discharges any claim lhat he has, mighl have had, or may have against the SELLER with respect to the condilion of the Premises. 8 m ~LO~~ A. The follow(rig items shall be prorated and adjusled between SELLER and BUYER as of midnight of the day preceding closing: I. All installmenls of special assessments payable after Ihe closing, whelher for work commenced as of Ihe closing or otherwise, shall be paid exclusively by BUYER. 2. All other ilems required by any other provision of this Agreement to be prorated or adjusted. B. Al 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. A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be lo terminate Ihis Agreement by giving Written Notice lhereof to BUYER, whereupon the Earnest Money shall be retained by or paid Io 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 Ihe event of BUYER'S default are uncertain in amount and difficult to ascertain and thai said amounl of liquidated damages was reasonably delermined by mutual agreement between the padies and said sum was not intended to be a penalty in nalure. B. If SELLER defaults hereunder and such default has nol been cured wilhin Ihidy (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminale this Agreement, whereupon Ihe Earnest Money shall be prompUy relurned ~o BUYER and neilher party shall have any lumber liabilily or obligalion to Ihe olher. NoIwilhslanding anything conlained in this Agreemenl lo the conlrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. lO. 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. A. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. BUYER shall indemnify SELLER and hold SELLER harmless from and against any claim or liability for commission or fees to any broker or any other person or pady claiming to have been engaged by BUYER as a real eslate broker, salesman or representative, in connection wilh this Agreement, including costs and reasonable attorneys' fees incident thereto. B. 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 of the appraisal date. 13. G.E~E.R_~,L__P~_¥J &LO~¢. A. This wrilten Agreemenl, including all exhibils attached herelo and documents to be delivered pursuant hereto, shall constitule the enlire agreement and understanding of the parties, and there are no other prior or contemporaneous wrillen or oral agreemenls, undertakings, promises, warranlies 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 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 Agreemenl. 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 Salurday, Sunday or legal holiday. E. In the evenl that any provision of this Agreement shall be unenforceable in whole or in pad, such provision shall be limited to the extent necessary to render Ihe same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporaled herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are I'or convenience of reference only', and shall nol be construed as a p~rt of tl~is Agreemenl. G. This Agreement shall be binding upon and shall inure to Ihe benefit of the padies herelo, and their respective heirs, executors, personal representatives, successofs and assigns, provided, however, thal this Agreement may not be assigned by BUYER without the prior express wrilten 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 pady 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 pady to whom it is to be sent. I, This Agreement shall be governed in all respecls by Ihe laws of the State of Florida. J. This Agreement may be executed in any number of counlerpads, any or all of which may conlain Ihe signatures of less than all of the parties, and all of which shall be construed Iogether as but a single instrument. K. In the event of the institution of legal proceedings in connecllon wllh Ihts Agreement, the party prevailing therein shall be entitled Io recover Ihe costs and expenses incurred in connection Iherewilh, including, without limitation, reasonable attorneys' Iees. L. Possession of the Premises shall be delivered to the BUYER al 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 wriling by Ihe parties, or any earlier date permitted herein. N. This Agreement is belween SELLER and BUYER and no other pady shall, under any circumstances, be deemed to be a beneficiary of any of lhe lerms and condilions to be performed by SELLER pursuant to Ihis Agreement. O. All of the parties to Ihis Agreement have parlicipated fully in Ihe negoliafion and preparalion hereof; and. accordingly, this Agreement shall nol 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 Agreemenl shall be deemed ipso faclo canceled and terminated, Ihe Earnest Money, (including any additional earnest money which may have been paid pursuant lo Ihe Agreemenl), 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 olherwise. 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 represenlatives, if not expressed in Ihis Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. ~J~O~.~J ~2L~: None IN WITNESS WHEREOF, the parties have caused this Agreemenl to be executed as of the day and year first above written. AS TO SELLER: / DATE :.~,.~z~~ ATTEST: DWIGHT E. BROCK,.Clerk ~1gnature only. AS TO BUYER: i , , DATE: Witncss (signature) L--' ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CREATIVE IIOMES OF SOUTIIWEST FLORIDA INC, a Florida corporation ~iA--~-~LLE, Vicc-Prcsidcnt ~aleS ~ Markctin8 STATE OF ~ COUNTY OF ~__ , ~ ,n-' Thc foregoing Real Estate Sales Agrccnlcnt ,,vas acknowledged before me Ihis ~ day ot' ~L~&~, 19.._~, by MARLO VALLE, as Vice-President of Sales & Marketing for CREATI~'E HOMES OF SOUTHWEST FLORIDA. INC., a Florida corporation, w~ ~o me or who has produced (affix notarial seal) as identification. Signature of Notary Public Print Name Commission Number My Commission Expires: I, the undersigned, do hereby acknowledge receipt of a total oir ~3c~,,~_., on this ..~ day of ~, 19_..~. (Initial Deposit - ~'15~.~1 Appraisal $_J.~,-/ Additional Deposit $~I Processing Fee $50.00) Approved as 1o legal form and sufficiency Heidi F. Ashtoh ' Assistant County Attorney MEMORANDUM TO: SUE FILSON, ADMINISTRATIVE ASSISTANT BOARD OF COUNTY COMMISSIONERS FROM:,~,\~~. MOTI. SENIOR SPECIALIST (~EAL PROPERTY MANAGEMENT DATE: SEPTEMBER 17, 1998 RE: SALE OF GOLDEN GATE ESTATES PROPERTY Attached you will find two (2) Statutory Deeds for execution by Chairman Barbara B. Berry concerning the above transaction. Please be advised that Heidi F. Ashton, Assistant County Attorney, has reviewed and approved the attached documents. The Real Estate Sales Agreements for the properly were executed on July 17, 1998. The closing date for the above sale is scheduled for September 25, 1998. Resolution 98-10 authorizing the Chairman of the Board of County Commissioners to execute the Statutory Deeds was approved and executed on January 13, 1998, Item 16(D)(3). Please forward the Statutory Deeds to Ellie Hoffman, Records Technician III, Minutes & Records, for attestation. [ Note: Ellie, after attestation of said documents, 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 Deeds after recordation ] Thank you. Attachments as stated STATUTORY DEED THIS DEED, made this ,~/' day of ~ , 19~_~, by COLLIER COUNTY, a politlcal subdivision of the State of Florida, having a m'~ling"address of 3301 East Tamlami Trail, Naples, Flodda 34112, hereinafter called the Grantor, to CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., a Florida corporation, having a mailing address of 1805 C.R. 951, Suite F, Naples, Flodda 34116, 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, ($10.00) to It in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The West 75 feet of the West 150 feet of Tract 43, Golden Gate Estates, Unit 64, according to the plat thereof as recorded in Plat Book 7, Page 64, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk X-*-~ ~ as: tu Chairm4n'$ signatu, r,e BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BA~,'RA ~: B~'RR'~, CHA'~-~MA~ Prepared by: Heldl F. Ashton, Esquire OfFice of the Count) Attorne) 3301 Cast Tnmiami Trail Naples, Florida 34112 (941) /74-8400 STATUTORY DEED 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 CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., a Florida corporation, having a mailing address of 1805 C.R. 951, Suite F, Naples, Florida 34116, 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 lhe 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 111, Golden Gate Estates, Unit 71, according to the plat thereof as recorded in Plat Book 5, Page 7, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: ' DWIGHT E. BROCK, Clerk ~ttest a~ to Chairman's signature, onlJ., ,. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAR~R~ ~3. 'B-EJR RY,~ HA I R'I~A ~ *** 2277603 OR: 2386 PG: 3160 *** ~.00 !.OO REVERTER DISCHARGE & RELEASE KNOW ALL MEN BY THESE PRESENTS: Avatar Properties Inc. f/k/a GAC Properties Inc., first party, for and in consideration of the sum of Ten and No/100 (S10.00) Dollars, and other valuable considerations, received from or on behalf of Collier County, a political subdivision of the State of Florida, second party, the receipt whereof is hereby acknowledged, (Wherever used herein the terms "first party" and "second party" shall include all the parties to this instrument and their respective successors and assigns.) HEREBY remises, releases, acquits, satisfies, and forever discharges the first party's reverter right under Paragraph 5 and the first party's right of first refusal 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 subdivision of the State of Florida, as recorded in Official Records Book 1340 at Page 270 in the Public Records of Collier County, Florida, for the lands described as: The North 75 feet of the South 150 feet of Tract 66, Golden Gate Estates, Unit 59, according to the plat thereof as recorded in Plat Book 7, at Page 61, of the Public Records of Collier County, Florida IN WITNESS WHEREOF, I have hereunto set my hand and seal this __, A.D., 19_.. day of Signed, sealed and delivered in presence of: ! Witness (signature) (print Name) Witness (signature) (print name) AVATAR PROPERTIES INC., a Florida Corporation /] . Dennis J. German Executive Vice President Avatar Properties Inc. 255 Alhambra Circle Coral Gables, Florida 33134 (CORPORATE SEAL) STATE OF FLORIDA: COUNTY OF DADE: ,. The foregoing Reverter Discharge & Release was acknowledged before me this ~ day of ,. __, 19__, by Dennis J. Getman, Executive Vice President of Avatar Properties Inc., a Florida corporation, on behalf of the corporation. He is personally known to me or who has produced as identification. (Signature of Notary ~u~lic~ (Print Name of NOTARY PUBLIC Serial/Commission # :._~,o*' My Commission Expires: *** 2277604 OR: 2386 PG: 3161 *** I~ICORDID in OEEICIAI, R~CORDS cf COLL[~ CO~iTl, IL tONi 1030.00 1.00 1.00 ~etn: lit ~9)I TO)I PiCK UP STATUTORY DEED THIS DEED, made this ~ ~ day of . ~-~?- , 19/?', by COLLIER COUNTY, a political ~ubdi~ision of the Stare'of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., a Florida corporation, having a mailing address of 1805 C.R. 951, Suite F, Naples, Florida 34116, hereinafter called the Grantee. (Whenever used herein the terms "Grantor,, and "Grantee,, include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The North 75 feet of the South 150 feet of Tract 66, Golden Gate Estates, Unit 59, according to the plat thereof as recorded in Plat Book 7, Page 61, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA THIS CO/(¥EYANCE ACCEPTED BY THE E:;F9 OF COUNTY COHMISSIONERS, COLLIER COUNTY, FLORIDA, PURSUANT llD ~.JNiOV/I.SIONS Memorandum TO: Ellie Hoffman Records Technician III Minutes & Records Management FROM: X~ ~o~A. Mott ~upervisor ~ Real Property Management Department DATE: RE: September 19,2001 Sale of Golden Gate Estates Property Ellie, attached please find five (5) original recorded Statutory Deeds and five (5) original recorded Reverter Discharge & Releases for the above referenced project. Resolution 2001-22 authorizing the Chairman of the Board of County Commissioners to execute the Real Estate Sales Agreements and Statutory Deeds was approved and executed on January 23, 2001, Item 16(E)(4). Please contact me if you have any questions or comments at 8991. Thank you. attachments as stated cc: Tax Collector's Office w/attachment prepared b~: _. Ellen T. Chadwel/, Esquire Off~ce of the County At'corne3 3301 East T~a~i Trail Naples, Florida 3411~ (941) 774-8~ *** 2850753 OR: 2885 ?G: 0363 **', RBCORDSD in O)FICIAL R~CORDS of ~OLLI)R COUi?¥, )L 08/31/2001 at 11:27RM O~IGH? g. BROCK, CLBRK Retn: IX? 89~1 IlTIl O))ICB C0#8 16650.00 RIC )1! 6.00 O0C-.70 116.90 COFII8 1.00 NIBC 1.00 STATUTORY DEED THIS DEED, made this /,~/--/F_dF..Y day of ~/[,~...t~,~,,~"~, 20~/, by COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter "called the Grantor, to CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., a Florida Corporation, hereinafter called the Grantee whose address is 12355 Collier Boulevard, Suite F, Naples, FL 34116. (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.) WlTNESSETH 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, the following described land lying and being in Collier County, Florida: The North 75 feet of the North 150 feet of tract 89, Golden Gate Estates, Unit 194, according to the plat thereof as recorded in plat book 7, at page 101, 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. Al:TEST: '.'. ' "' ,DWIGHT E. BROC'I4,. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES~AR"'I'ER, PH.D., CHAIRMAN tstant County Attorney Ellen T. Chadwell 1'1'118 CONVID~'^NCE APPROVED BY BOARD OF COUNTY COMM~ COLLIER COUNTY, FLORIDA~ PURSUANT TO THE OF RESOLUTION NO. Parcel 91 ~11e~ T, Chadwelq, Esqu~ee Office of the County Attorney 3301 East Tamiamt Trail Naples, Florida 34112 REVERTER DISCHARGE&RELEASE (941) 774-8400 KNOW ALL MEN BY THESE 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 valuable considerations, received from or on behalf of Collier County, a political subdivision of the State of Florida, second party, the receipt whereof is hereby acknowledged, (Wherever used herein the terms "first party" and "second party" shall include all the parties to this instrument and their respective successors and assigns.) HEREBY remises, releases, acquits, satisfies, and forever discharges the first party's reverter right under Paragraph 5 and the first party's right of first refusal 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 subdivision of the State of Florida, as recorded in Official Records Book 1340 at Page 270, and all subsequent amendments, thereto, in the Public Records of Collier County, Florida, for the lands described as' THE NORTH 75 FEET OF THE NORTH 150 FEET OF TRACT 89, GOLDEN GATE ESTATES, UNIT 194, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, AT PAGE 101, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TNESS WHEREOF, , A.D., 2001. Signed, sealed and delivered in presence off Witness (signature) W~e~s (print name) I have hereunto set my hand and seal this c~,~74~ day of AVATAR PROPERTIES INC., a Fl°r~'~ °rat ~.~ 0(~-~ '~ BY://1J~'v~J_~[~./ bennis J. Getn~ Executive Vice President Avatar Properties Inc. 255 Alhambra Circle Coral Gables, Florida 33134 (CORPORATE SEAL) STATE OF FLORIDA: COUNTY OF DADE: F~fida(~orporation, on behalf of the corporation. as identification. ASSistant CounO-~ttor y Ellen T. Chadwell The foregoing Reverter Discharge & Release was acknowledged before me this c.~Y~day of , 2001, by Dennis J. Getman, Executive Vice President of Avatar Properties Inc., a He is . ep.~onally known to me or who has produced (Print Name o~)~otary} ' NOTARY PUBLIC Serial/Commission #:. My Commission prepared by: _ Ellen T. Chadwell, Esquire Office of the County Attorne) 3301 East Tamiamt Trail Naples, Florida 34112 (941) 774-8400 STATUTORY DEED *** 2850751 0R: 2885 PG: 0361 08/31/2001 at ll:27AN DNIGHT B. BROCE, CLIR[ CO#S ?020.00 R~¢ FI! 6.00 DOC-.70 49,70 C0HIS 1.00 MISC 1.00 Re~: RB~L ~ROF)RW 8991 INI)R OFFI~ THIS DEED, made this /'¢-;~ day of ~.~-~m~:~""F, 20~/, by COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter~called the Grantor, to CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., a Florida Corporation, hereinafter called the Grantee whose address is 12355 Collier Boulevard, Suite F, Naples, FL 34116. (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, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, the following described land lying and being in Collier County, Florida: The West 75 feet of the East 150 feet of tract 70, Golden Gate Estates, Unit 69, according to the plat thereof as recorded in plat book 7, at page 65, of the public records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said board, the day and year aforesaid. ATTEST-----=-:' ': ':' i....; DWIGHT E~. BR~'~Ki clerk Atteit ~. to BOARD Of COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES,fI~ARTER, PH.D., CHAIRMAN ~~~Appr, ed s o f ~ egal su~ftcte~:y. Ellen T. Chadwell TNt8 CONVEYANCE APPROVED BY TH~ BOARD OF COUNTY COMMIS810~ COLLIER COUNTY, FLORIDA~ PUR,?d. JANT TO THE OF RESOLUTION NO. Parcel 95 Prepared by~ Ellen T. Chadwell, Esquire Office of the County Attorne$ 3301 East Tamiami Trail Naples, Florida 34112 REVERTER DISCHARGE &RELEASE (941) 774-8400 KNOW ALL MEN BY THESE PRESENTS: Avatar Properties Inc. f/k/a GAC Properties Inc., first party, for and in consideration of the sum of Ten and No/100 ($10.00) Dollars, and other valuable considerations, received from or on behalf of Collier County, a political subdivision of the State of Florida, second party, the receipt whereof is hereby acknowledged, (Wherever used herein the terms "first party" and "second party" shall include all the parties to this instrument and their respective successors and assigns.) HEREBY remises, releases, acquits, satisfies, and forever discharges the first party's reverter right under Paragraph 5 and the first party's right of first refusal contained in Paragraph 8 of the Agreement dated November 15, 1983 between Avatar Properties Inc., f/k/a GAC Properties Inc., and Collier County, a political subdivision of the State of Florida, as recorded in Official Records Book 1340 at Page 270, and all subsequent amendments, thereto, in the Public Records of Collier County, Florida, for the lands described as2 THE WEST 75 FEET OF THE EAST 150 FEET OF TRACT 70, GOLDEN GATE ESTATES, UNIT 69, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, AT PAGE 65, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WlTNESS WHEREOF, I have hereunto set my hand and seal this <27D0~ , A.D., 2001. day of Signed, sealed and delivered in presence of: Witness (sig~ture) mme) ~-~s~sig~mr,~ (print name) AVATAR PROPERTIES INC., a Flo~orporation _ 0 ~ b~nnis J. Getrr~n~ Executive Vice President Avatar Properties Inc. 255 Alhambra Circle Coral Gables, Florida 33134 (CORPORATE SEAL) STATE OF FLORIDA: COUNTY OF DADE: The foregoing Reverter Discharge & Release was acknowledged before me this~5~fLCday of c--~x~, ~-4 , 2001, by Dennis J. Getman, Executive Vice President of Avatar Properties Inc., a F~lhd~(Jorporation, on behalf of the corporation. He is personally .~o__~_93~_ t~o~_m~e_or who has produced as identification. sufftcte~c~ Ellen T., Chadwell Serial/Commission #: (~$z?~-~) My Commission Expires: Prepared by~ Ellen T. Chadwell, Esqut~ Office of the County At-~o~ney 330! East Tamiami Trail Naples, Florida 34112 (941) 774-~4OO *** 28507 9 OR: 2885 PO: 0359 RICORDID in OFFICIAL RICORDS of COLLIIR COlIN?I, ~L 08/-ti/2001 at II:~?AI( Di~IGII? S. BROCL CLARE Re~n: RBAL PROP)R~f 8991 IM?gR OFFIC! eo~l 6~60,00 R)~ )]! 6.00 DOC-.70 46,90 CO~IB$ 1.00 MIaC 1.00 STATUTORY DEED THIS DEED, made this ,~//:~;~' day of //~~ 20~/, by COLLIER COUNTY, a political subdivision of the State of Florida, herein"~ft~ ~alled the Grantor, to CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., a Florida Corporation, hereinafter called the Grantee whose address is 12355 Collier Boulevard, Suite F, Naples, FL 34116. (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, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, the following described land lying and being in Collier County, Florida: The West 75 feet of the West 150 feet of tract 43, Golden Gate Estates, Unit 71, according to the plat thereof, as recorded in plat book 5, at page 7, of the public records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name, by'~iBoard of County Commissioners acting by the Chairman or Vice Chairman of said board, the day's, nd ,yea¢ aforesaid. · ,ATTEST: ..... : ·DWIGHT E. BROCK,':~clerk slg at BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES -IAIRMAN Ass 'i stant Count) Att~)rne$ Ellen T. Chadwe11 THI8 CONVEYANCE APPROVED BY THE BOARD OF COUNTY COMMIS81(~ COLLIER COUNTY, FLORIDA, PURSUANT TO THE PRO.VlSION~ OF RESOLUTION NO, Parcel 9 ))~t) t)~ ~VERTER DISCHARGE & ~LEASE KNOW ALL MEN BY THESE 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 valuable considerations, received from or on behalf of Collier County, a political subdivision of the State of Florida, second party, the receipt whereof is hereby acknowledged, (Wherever used herein the terms "first party" and "second party" shall include all the parties to this instrument and their respective successors and assigns.) HEREBY remises, releases, acquits, satisfies, and forever discharges the first party's reverter right under Paragraph 5 and the first party's right of first refusal 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 subdivision of the State of Florida, as recorded in Official Records Book 1340 at Page 270, and all subsequent amendments, thereto, in the Public Records of Collier County, Florida, for the lands described as: THE WEST 75 FEET OF THE WEST 150 FEET OF TRACT 43, GOLDEN GATE ESTATES, UNIT 71, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TNESS WHEREOF, I have hereunto set my hand and seal this ~ day of , A.D., 2001. Signed, sealed and delivered in presence off Witness (signature) tflqA3.~O F~ek~¢ a t name) Wi~,~esI (si~nat~g~/ (print name) AVATAR PROPERTIES INC., a BY: ]kfl. ff./Y 16qJ, g~;l~,Jd/~gVlgl/I--~ Dennis J. Getmar(/ Executive Vice President Avatar Properties Inc. 255 Alhambra Circle Coral Gables, Florida 33134 (CORPORATE SEAL) STATE OF FLORIDA: COUNTY OF DADE: ~9'~day The foregoing Reverter Discharge & Release was acknowledged before me this of , 2001, by Dennis J. Getman, Executive Vice President of Avatar Properties Inc., a rporation, on behalf of the corporation. He is personally kn9 .wn to__rn~ or who has produced as identification. -~t~alr~of/l~taD/Public) J (Print Name ~f Notary,) J NOTARY PUBLIC Serial/Commission#: ~,~/Sr 7~'"~x--_ My Commission Expires: - v,~,~,( Approved as to form~ Assistant County Attorney Ellen T, Chadwell Prepared by: Ellen T. Chadwell, Esquire Office of the County Attoreey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2850747 OR: 2885 PG: 0357 *** RECORI)ED iii O))I¢IAL I~COIU)S of ~OLLIER COUNTY, PL 08/31/2001 at II:27AN D~IGHT E. BROCK, CLERK COMS (0)0.00 I~C [)E ~.00 DOC-.?O 28.70 COPIES 1.00 MlSC 1.00 Retn: REAL PROPERTY EXT 8991 INTER OFFICE STATUTORY DEED THIS DEED, made this /~ da)/of t'/.,~:f~-4s¢-/-.~,, 20~/, by COLLIER COUNTY, a political subdivision of the State Of Florida, hereinafter%ailed the Grantor, to CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., a Florida Corporation, hereinafter called the Grantee whose address is 12355 Collier Boulevard, Suite F, Naples, FL 34116. (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, the following described land lying and being in Collier County, Florida: The West 75 feet of the West 150 feet of tract 48, Golden Gate Estates, Unit 47, according to the plat thereof as recorded in plat book 7, at 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. Board of County Commissioners acting by the Chairman or Vice Chairman of said board, the day. and, year aforbsaid. ~'-r'r,-,-.-r:~...=O. " ' ' · DWIGHT E. BROCK, Glerk 'By: ' Attest,,~,'.i0.,Chatrma.,s $t~atu~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAM . . . MAN Approved.as to ?orm~ l~)al sufficiency Assistant C~u%ty Atto e~ Ellen T. Cha~ll · rHtt) CONVla%~N~t~ APPROVED BY THE BOA~O OI~ COUNTY OOMMI8810~ ~OLLleR OOUNI"f, PUI~UANT TO THE ~ Parcel 53 ~a¢~ e~ [.. a~ ~VERTER DISCHARGE & ~LEASE KNOW ALL MEN BY THESE PRESENTS: Avatar Properties Inc. f/k/a GAC Properties Inc., first party, for and in consideration of the sum of Ten and No/100 ($10.00) Dollars, and other valuable considerations, received from or on behalf of Collier County, a political subdivision of the State of Florida, second party, the receipt whereof is hereby acknowledged, (Wherever used herein the terms "first party" and "second party" shall include all the parties to this instrument and their respective successors and assigns.) HEREBY remises, releases, acquits, satisfies, and forever discharges the first party's reverter right under Paragraph 5 and the first party's right of first refusal contained in Paragraph 8 of the Agreement dated November 15, 1983 between Avatar Properties Inc., f/k/a GAC Properties Inc., and Collier County, a political subdivision of the State of Florida, as recorded in Official Records Book 1340 at Page 270, and all subsequent amendments, thereto, in the Public Records of Collier County, Florida, for the lands described as: THE WEST 75 FEET OF THE WEST 150 FEET OF TRACT 48, GOLDEN GATE ESTATES, UNIT 47, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, AT PAGE 32, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. I have hereunto set my hand and seal this~'"~{X day of IN WITNESS WHEREOF, Signed, sealed and delivered in pr~s, ence of: withes ( ign_ff rZJ , (print name) W~thess (signature) (print name) AVATAR PROPERTIES INC., a ,o .oration -- ISennis J. Getman~/ Executive Vice President Avatar Properties Inc. 255 Alhambra Circle Coral Gables, Florida 33134 (CORPORATE SEAL) STATE OF FLORIDA: COUNTY OF DADE: ~X The foregoing Reverter Discharge & Release was acknowledged before me this <:~O'/& day of ~ , 2001, by Dennis J. Getman, Executive Vice President of Avatar Properties Inc., a F16~-ida ~}orporation, on behalf of the corporation. He is ~?.~rsonally known to me or who has produced as identification. ~ (Sign~ota(y~li,~)~ (Print ~ame of~a~tary) ' ' NOTARY PUBLIC Serial/Commission #: CC((/( My Commission Expires: Assistant Counti Attorne$ Ellen T. Chadwel~ TAMMY J ~'NOX J ~PLIltlI'CS'I'ATE OF FLOIRID^ J COOl'MISSION NO. cca..~',..2 J pee~a~ed by: Ellen T. C~adwel!, Esqut~e Office of t?~e £oun~y Atto~ftey 3301 East Ta~(~,~i Trail Naples, Flo~,id~ 34i1~ (941) 774-8400 *** 2850745 OR: 2885 PC: 0355 RBCOIU)iD in O~IlCIAL RECORDS of COLLIBR COUNTY, FL 08/31/2001 at II:27AN D#IGN? l. BNOCi, CLIRI: CONS 7020.00 RRC )!! 6.00 DOC-.70 49.70 COPIIS 1.00 NISC 1.00 Retn: RiAL PROPBI~ BZ? 8991 IM?NR OFFIC! STATUTORY DEED Tums DEED, made this //~ day of ~_,~,~-~--'-~'-, 20~ ?, by COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter/'called the Grantor, to CREATIVE HOMES OF SOUTHWEST FLORIDA, INC., a Florida Corporation, hereinafter called the Grantee whose address is 12355 Collier Boulevard, Suite F, Naples, FL 34116. (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, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, the following described land lying and being in Collier County, Florida: The West 75 feet of the East 180 feet of tract 93, Golden Gate Estates, Unit 69, according to the plat thereof as recorded in plat book 7, at page 65, of the public records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said board, the day and year aforesaid. ~ ~.-~ . . ~ , _ ATTEST : ~' "' ' ' DWIGHT E. BROCK; ~l~:rk Attest as to, Cliatrman'$ slgaatu,e' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES PH.D., CHAIRMAN Assistant County Attorney Ellen T. ~il ~ CONVEYANCE APPl~OV~O BY THE BOARD O~ COUNTy CoM~ONC-R~, COLLIE~ CO~ PURSUANI ~ OF RESOLUTION NO. ~_~'~ I~-~_ Parcel 96 prepared by: Ellen T. Chadwell, Esq~J~re Office of the County Atto~'fleY Retn: 3301 East Tam,ami Trail ~)&L ~RO~)~ Naples, Florida 34~2 ~VERTERDISCHARGE&~LEAS~I~ ~l (941) 774-8~ II)l~ O)FI: *** 2850744 OR: 2885 ?G: 0354 R)CO~D)O ~ O))I~IAL R)CORDS of ~OL~I)lt ~OIJl(T), 08/31/2001 at 11:27~ DIIGHT B. BROCK, CLBRE R~ FSS 6,00 ~OHBS 1,00 KNOW ALL MEN BY THESE PRESENTS: Avatar Properties Inc. f/Wa GAC Properties Inc., first party, for and in consideration of the sum of Ten and No/100 ($10.00) Dollars, and other valuable considerations, received from or on behalf of Collier County, a political subdivision of the State of Florida, second party, the receipt whereof is hereby acknowledged, (Wherever used herein the terms "first party" and "second party" shall include all the parties to this instrument and their respective successors and assigns.) HEREBY rerrfises, releases, acquits, satisfies, and forever discharges the first party's reverter right under Paragraph 5 and the first party's right of first refusal 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 subdivision of the State of Florida, as recorded in Official Records Book 1340 at Page 270, and all subsequent amendments, thereto, in the Public Records of Collier County, Florida, for the lands described as; THE WEST 75 FEET OF THE EAST 180 FEET OF TRACT 93, GOLDEN GATE ESTATES, UNIT 69, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, AT PAGE 65, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TNESS WHEREOF, I have hereunto set my hand and seal this ' , A.D., 2001. Signed, sealed and delivered ~sience of: (print name) W~ess (signa~e) (print name) day of AVATAR PROPERTIES INC., a Florida C rporation BY:bgnTn~'s j. Getman6/ Executive Vice President Avatar Properties Inc. 255 Alhambra Circle Coral Gables, Florida 33134 (CORPORATE SEAL) App~as tO f~ legal . Assistant County Attorne~ ~llen T. C~ll STATE OF FLORIDA: COUNTY OF DADE: F~The foregoing Reverter Discharge & Release was acknowledged before me thi~_____~ay of , 2001, by Dennis J. German, Executive Vice President of Avatar Properties Inc., a 'orporation, on behalf of the corporation. He is personally known to me or who has produced as identification. (Print Name of<)qotary) NOTARY PUBIJC Serial/Commission #: My Commission Expires: ) i ~ PIJIllJC ~ATE OF FLORIDA co~v~r,s~oN NO. c~m~. 2~ )vet co~m~o~ ):~xp.