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School Board Land ConveyanceMemorandum TO: Minutes & Records Management FROM.: Toni A. Mott, Supervisor state Services DATE: August 1, 2003 RE: GAC Land Trust - School Board Land Conveyance Please find attached one (1) original Amendment to Agreement and one (1) original recorded Corrective Statutory Deed for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the recordation of same on November 19, 2002, Item 16(e)(5). Please contact me if you have any questions or comments at extension 8780. Thank you. Attachments as stated AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT entered into this ~day of ~"'U.~tJ ,2003, by and between, the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, (hereinafter referred to as the "School") whose mailing address is 5775 Osceola Trail, Naples, Florida 34109, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as the "County"). WITNESSETH WHEREAS, the County and School have previously entered into an Agreement dated January 16, 2001; and WHEREAS, the County and the School are desirous of amending said Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided within the said Agreement dated January 16, 2002 and Ten Dollars ($10.00) and Other Valuable Consideration, the said Agreement is hereby amended as follows: 1. Paragraph "1" of the Agreement is hereby deleted in its entirety and the following provision is substituted in its place: The County hereby agrees to convey to the school, via Statutory Deed and for no monetary compensation, all of Tracts 2 and 3, Golden Gate Estates, Unit 72, to be utilized by the School (hereinafter referred to as the "Lands"). 2. Paragraphs "2" and "4" of the Agreement are hereby deleted in their entirety. 3. Except as expressly provided herein, the said Agreement between the County and School remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the School and County have hereto executed this Amendment to Agreement the day and year first above written. AS TO COUNTY: DATED: By: AS TO SCHOOL: DATED: ATTEST: Superintendent of Schools and Ex-Officio Secretary DISTRICT SCHOOL BOARD OF COLLIER.COUNTY, FLORIDA c,,' L~DA ABE~OT'I:, Chair Approved as to form and leg,al sufficienco: Heidi F. Asthtor~ Assistant County Attorney *** 3227896 OR: 3351 PG: 3177 07/25/2003 at 11:33~ D~IGHT B. BROCK, CLBRK RBC YB! 6,00 DOC-.70 .70 COFIBS 1.00 K~SC 1.O0 Re~n: RBAL BS?ATB SIRVICBS I#?BROF~IC! A??M: ?ONI THIS CORRECTIVE STATUTORY DEED SHALL REPLACE THE STATUTORY DEED RECORDED JANUARY 22, 2002 IN O.R. BOOK 2967, PAGE 1067, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND RELEASE THE REVERTER RIGHT IMPOSED THEREIN. CORRRECTIVE STATUTORY DEED THIS DEED, made this _~day of ~'-u~t... ~ ,2003, by COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, having a mailing address of 3710 Estey Avenue, Naples, Florida 34104, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida, hereinafter referred to as the Lands: All of Tracts 2 and 3, Golden Gate Estates, Unit 72, according to the plat thereof as recorded in Plat Book 5, Page 8, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. AND Grantor hereby releases the reverter right reserved in that certain Statutory Deed recoded January 22, 2002 in O.R. Book 2967, Page 1067, of the Public Records of Collier County, Florida. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT Memorandum TO: Minutes & Records Management FROM:. \~~A. Mott, Supervisor c~eal Estate Services DATE: January 2, 2004 RE: GAC Land Trust - School Board Land Conveyance Please find attached one (27) original Amendment to Agreement and one (27) original recorded Corrective Statutory Deed for the above referenced project. The Board of County Commissioners of Collier County, Florida approved the recordation of same on February 11, 2003, Item 16(e)(4). Please contact me if you have any questions or comments at extension 8780. Thank you. Attachments as stated cc: Tax Appraiser's Office w/attachment w/copy of Deed only Tax Collector's Office w/attachment w/copy of Deed only SALES AGREEMENT II (Pa,_.A 2) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this day of ~0_v.a>~ ' , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, herctil~after referred to as SELLER, and ERNEST W. KERSKIE, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The North 105 feet of the North 180 feet of Tract 52, Golden Gate Estates, Unit 22, according to the plat thereof as recorded in Plat Book 7, Pages 83 and 84 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be TEN THOUSAND EIGHT HUNDRED ($10,800.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of ONE THOUSAND EIGHTY ($1,080.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $165.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and 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 a,.~ kind, nature, or type whatsoever fro~,, or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, wan'anties 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 provis~,~- or condition of this Agreement by ana ,,arty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None ,'qtq W~,I'E.SS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first ,&bove:writtenl AS SELLER: '¢~.DAT[~.~,.:;; DWIGHT E. BROCK, Clerk BY: __ /~rt _..hVJ.~*.~ X O-M g'lqN G yC 2.-tt-03 Approved as to legal dsu cl n y Ellen T. Chadwell Assistant County Attorney AS TO BUYER: DATE: '~ Wit~es~ (s~gnat~re)' (pri~ii' name) Witness (signature) (print name) ERNEST W. KERSKIE STATE OF COUNTY OF The foregoing Real Estate Sales Agreement was acknowledged before me this '~'~'~ day of ~ , 2003, by ERNEST W. KERSKIE, who is personally known to me or who has produced -"~_,,~ ~ as identification. (affix notarial seal) ! I_--""*?' ~1~ '~ MY COMMISSION # DD 200619 ll~.'},~&~ EXPIRES: June 7, 2007 _ Signature of Notary Public Print Name Commission Number '~'t~ ~Dr~ ~. My Commission Expires: 4 DEPOSIT RECEIPT thee undersigned, do hereby acknowledge receipt of a total of ~b(~~ on this ./~)..,~__., 2003. (Initial Deposit $~/Appraisal $ It//z~'j /Additional Deposit $ ~ ~' day of / Processing Fee $50.00) STATUTORY DEED 3256452 OR: 3393 PG: 1110 *** RECORDED in O~EICIAL RECORDS of COLLIER COUN?¥, ~n 09/10/2003 at 10:33AM DWIGH? 8. BROCK, CAERK CONS 10800.00 REC ~EE 6.00 DOC-.70 75.60 COPIES 1.00 RiSC 1,00 Retn: REAL PROPERTY EX? 8991 INTER OFFICE THIS DEED, made this __ day of ,2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to ERNEST W. KERSKIE, having a mailing address of 4491 3RD Avenue NW, Naples, FLorida 34119, 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.) 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, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The North 105 feet of the North 180 feet of Tract 52, Golden Gate Estates, Unit 22, according to the plat thereof as recorded in Plat Book 7, Pages 83 and 84, 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. 'BR~DCK, Clerk By. · BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM H-"'EIYNING, CVHAIRMAN-~ ~ CONVEYANCE APPROVED BY BOARD OF COUNTY COLL~.R COUNTY. FLOPJDA. C~ RESOLUTION NO, SALES AGREEMENT II (Pm !3) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this day of ~ , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and PAUL PLAMONDON and CAROL PLAMONDON, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The East 75 feet of the East 150 feet of Tract 38, Golden Gate Estates, Unit 70, according to the plat thereof as recorded in Plat Book 5, Page 6 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be THIRTEEN THOUSAND NINE HUNDRED FIFTY ($13,950.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder CEamest Money") the sum of ONE THOUSAND THREE HUNDRED NINETY-FIVE ($1,395.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and 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 a, And, nature, or type whatsoever fro; r on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and]or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and]or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. 2 C'. No waiver of any provis~ or condition of this Agreement by an arty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. 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 any of the terms and conditions to be performed by SELLER pursuant to this Agreement. O. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. P. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or 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 the day and year first above written. AS TO SELLER.: . DATE: DWI -4;~r ~ ,.~ ¥ Deputy Clerk Att t as to signature Ap[~roved as to legal fo/~ and suffici/~Jn,9,y Ellen T. Chadwell Assistant County Attorney BOARD OF CQUNTY COMMISSIONERS COLLIER~NTY~RIDA , BY: .,-.~J~~ - TOM HENNINGv, Chairman'"" ~/ AS TO BUYER: DATE: ~it~ee~ig~t~~/, ~ r~nt' n/~me) ,X~itnes,s (siggagure)~ ~ ,,.) (print name) ~Wit/~si~-n~tu~e) mrint name) (print name) PAUL PLAMODON / (. CAROL PLAMODON STATE OF COUNTY OF Co The foregoing Real , 2003, by PAUL PLAMODON, as identification. (affix notarial seal) Estate Sales Agreement was acknowledged before me this day of who is personally known ~qme or who has produced Sigrml.~ of Not.aryy-ub, ti~ _ (,.3 Print Name Commission Number My Commission Expires: ( STATE OF COUNTY OF ~.~, The foregoing Real Estate Sales Agreement was acknowledged before me this ~J?- day of , 2003, by CAROL PLAMODON, who is ~ know,~_~o me or who has produced ~ as identification. ~~~~~ ' ~C~--' (affix notarial seal) - - - : - i~"""-5~i'~,~ Signature of Nota~yPublic Print Name Commission Number ~'~ f3 My Commission Expires: (Z - -z_z.- DEPOSIT RECEIPT I, the~j~dersigned, do hereby acknowledge receipt of a total of .~¢z,l~ · ,2003. , on this ~ day of (Initial Deposit $ ! (.,~"2 / Appraisal $~__~ Additional Deposit $ !~,(:~_~-)/Processing Fee $50.00) I~-epared b~: .~ E~e~ T. Chadwe! , E~t~re Office O~ %~ Count~ Att(~Y 3301 East l'~ta~ Trail Naples, Florida 3411~ (mX) 774-8400 *** 3184094 OR: 3291 PG: 2581 R)CORDBD i~10))ICIA~. R~CORDS of CO~I)R ¢OUM?I, )~, 05/15/2003 at 08:19~ DNION? ~. BROCi~, CLBRI~ CONS 13950.00 R~C ~)! 6.00 DOC-.70 98.00 COPI~ 1.00 NISC 1,00 Rets: STATUTORVDEED)I? IN?ER THIS DEED, made this day of ~ , 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having'a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to PAUL PLAMONDON and CAROL PLAMONDON, having a mailing address of 330 24TM Avenue NE, Naples, Florida 34120, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) 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, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The East 75 feet of the East 150 feet of Tract 38, Golden Gate Estates, Unit 70, according to the plat thereof as recorded in Plat Book 5, Page 6, 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 fo 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 as to Chairman's Signature onl). BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ ' s ~o ?re/~ ~egal suf~tcienc.y Assistant Count~ Attorney Ellen T. Chadwell SALES AGREEMENT II (Par~ 4) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this 2,q4/~ day of flO~) , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and PAUL PLAMONDON and CAROL PLAMONDON, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The West 75 feet of the East 150 feet of Tract 69, Golden Gate Estates, Unit 70, according to the plat thereof as recorded in Plat Book 5, Page 6 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be THIRTEEN THOUSAND NINE HUNDRED FIFTY ($13,950.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of ONE THOUSAND THREE HUNDRED NINETY-FIVE ($1,395.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and 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 m. xind, nature, or type whatsoever fro~ r on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. 2 C. No waiver of any provisi, or condition of this Agreement by an ~rty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. 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 any of the terms and conditions to be performed by SELLER pursuant to this Agreement. O. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. P. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or 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 the day and year first above written. AS TO SELLER: ATTEST;,.' DWIGHT t~4BROC*K C<t~rk .,,:~, ' ...... ,.~eputy Clerk Attest as to Chafrean' Approve~ as to legal Signature only. __~nd sufficiency. /E~len T. Chadwell Assistant County Attorney BOARD OF CO~JNTY COMMISSIONERS BY: ~/~'rt _... ~ TOM ~IE-~qlNG,'WChai~an~ ?..4t- 0'~ ~t AS TO BUYER: DATE: Vv;i tn~ ,~.si gn atur~. ~thcs s '(si gn~'~ture~''/~' (print name) Vfl, itnes~ (sign. g~ure)~_._ I _ xo (print name) 'J PAUL PLAMODON CAROL PLAMODON STATE OF -~[o,q c~- COUNTY OF ~t(i~ The foregoing Real Estate Sales Agreement was acknowledged before me this j~t! day of , 2003, by PAUL PLAMODON, who is p_.ersonally known to me or who has produced as identification../7 ~ Sign~t. klre-~ blotar~ Publj,c Pdnt Name Commission Number ,'~("D My Commission Expires: l Z- (affix notarial seal) ,,xl"'~'"'";,, RITA M. GREENBERG BOIxled Thru ~Otat~ ~u~,iic O~rwriters STATE OF COUNTY OF ("zo The foregoing Real Estate Sales Agreement was acknowledged before me this ~,¢'- day of · - o me or who has produced ~J~o , 2003, by CAROL PLAMODON, who is personally know0 .t )C as identification. /) ~ , (affix notarial seal) T' 'c~5'~ ~~~ S ig~_~o~f mo~[ar/Pub/lic , ~ ........ , REA M. GREENBERG Print Name ',. ~,, EXPInES:Oeoembera, 2006 Commission Number '-'L)~5 JTO0"Tdj' Beaded Thru Notary Pub~ Undmwdters I[~'~, _ My Commission Expires: i~- a?'~-©~ DEPOSIT RECEIPT -~;~- ,2003. '"' , on this _,~ day of 33L~. ~.~ Yamiami Trail Naples, Florida 34X12 (~41) 774-4)400 *** 3184109 OR: 3291 PG: 2651 *** UCOI~D)D in O))ICIAL ~CO~DS of COLLIBN COUMTI, FL 05/15/2003 at 08:28A!( DEIGN? N. BROCI, CLRR[ CONS 13950,00 RIC ))! 6.00 DOC-.70 98,00 C0PIIS 1.00 NISC 1.00 Retn: ~AL RS?AT! SlRVIC)S BX? 2622/SHARMU STATUTORY DEED INT)R 0FFIC! THIS DEED, made this ZL~ day of ./_..~, ,_.0 , 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to PAUL PLAMONDON and CAROL PLAMONDON, having a mailing address of 330 24TM Avenue NE, Naples, Florida 34120, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH 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 150 feet of Tract 69, Golden Gate Estates, Unit 70, according to the plat thereof as recorded in Plat Book 5, Page 6, 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. ATT;E,-ST,?;~ .. ,:,' ., ,?. DVV;;I .~:H¥,:E !:' B R O~,~: ~erk Attest as to Chairman's ml t,u 15. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA das~to for% &/l egal sufficiency s~ts~ant County Attorney Ellen T. Chadwell ~ (~)NVEYANCE APPROVED BY ~ BOARO OF COUNTY COMM~ OO.[,IIIR COUNTY, FLORIDA~ PUR~JANT TO THE P~. OF R'~OU. ITION NO.~ SALES AGREEMENT II (Pm 7) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this Lt, t9 ' -day of -,-~'_./-)~g.~kJSW--~, 2003, by and between COLLIER COUNTY, a political subd~ws~on of the State of Florida, hereinafter referred to as SELLER, and RONNIE DUNNIGAN and DONALD HOBLIT, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The East 75 feet of the West 180 feet of Tract 36, Golden Gate Estates, Unit 40, according to the plat thereof as recorded in Plat Book 7, Page 25 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be ELEVEN THOUSAND SEVEN HUNDRED ($11,700.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of ONE THOUSAND ONE HUNDRED SENVENTY ($1,170.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $165.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and 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 az rind, nature, or type whatsoever fro~ r on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C-. No waiver of any provisi. ~r condition of this Agreement by an. .rty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATE: BOARD OF CO _UNTY COMMISSIONERS DWIGHT ~,,B,ROQ~; ~lerk COLLIER Y, IDA , _-': oved as'to legal ~' and sufficie~cy Ellen T. Chadwell Assistant County Attorney AS TO BUY]~R: DATE: .//~ %0 - Ct ~ nature) (print,$ame.)~) t Witnes~ (signature) (print name) Witness (signature), Witness (signatur.e) (print name) DONALD HOBLIT STATE OF _/~[t/,q i~- _ COUNTY OF d '~ il ~4/x The foregoing Real Estate Sales Agreement was acknowledged before me this '~ ~ day of ~ ,,~ h./ _, 2003, by RONNIE DUNNIGAN, who is personally known to me or who has produced let-- 'bt as identification. (affix notarial seal) SignatuCe/of Notary Public Print Name Commission Number My Commission Expires: STATE OF J~-//O,,~-~C[.{'_A._ COUNTY OF _~',~ ~.~,? The foregoing Real Estate Sales Agreement was acknowledged before me this ~ day of ~ , 2003, by DONALD HOBLIT, who is personally known to me or who has produced ~L~ ', ~1%%\q ;3¼ ~ .. as identification. (affix notarial seal) Signature of Notary Public Print Name Commission Number My Commission Expires: 4.,~.*~~ Belh Smith . ~_ u~ Commission CC989798 ~,~ ~ ,... · ~.-~,,~,e' Expires December 25. 2004 4 DEPOSIT RECEIPT , 2003. ' ' (Initial Deposit $~_.~ / Appraisal $~.~_~ / Additional Deposit $ !O r],O '-/Processing Fee $50.00) prepared *** 3275446 OR: 3418 PG: 0470 *** RECORDBD in O~ICIAL R~CORDS of COLLIER COUN?Y, 5 10/09/2003 at ll:48AM DWIGH~ B. BROCK, Cti~RK CONS 11700.00 RBC )BB 6.00 DOC-.?0 81.90 COPIES 2.00 MIBC 2.00 STATUTORY DEED Retn: UAL NHTAT! SBRVICBH IN?BROUICN/BX?#8180 AT?N: TONI THIS DEED, made this ~ day of ~~ ,2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to RONNIE DUNNIGAN, having a mailing address of 5055 Cedar Springs Drive, Apartment 202, Naples, Florida 34110, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in CoLlier County, Florida: The East 75 feet of the West 180 feet of Tract 36, Golden Gate Estates, Unit 40, according to the plat thereof as recorded in Plat Book 7, Page 25, 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: W',."'~ , : ? DWIGHT E:,',i~0..~,:~l~::;' , ,4 "~ ' ' ¢'~';;~ C~nt~ Attorne~ Ellen T. Chill BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ -" N ' TO ~--R~i'¥N I N e ,~ THIS CONVEYANCE APPRO~ BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, sALEs AGREEMENT II (Pax 10) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this '2D4K day of 00.~x~0X" , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and MARLENE SANTILLI, 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 hgreed by and between the parties as follows: !. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The East 75 feet of the East 150 feet of Tract 49, 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. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be SEVENTEEN THOUSAND EIGHT HUNDRED TWENTY ($17,820.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of ONE THOUSAND SEVEN HUNDRED EIGHTY-TWO ($1,782.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUyER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded gccordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUyER. 6. RIGHT OF FIRST REFUSAL The BUyER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUyER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and acknowledges to and agrees with SELLER that BUyER is purchasing the Premises {n an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of a ,cind, nature, or type whatsoever fro. ~r on behalf of the SELLER. The 'BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. : B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other Compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, Within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C.. No waiver of any provis~ or condition of this Agreement by an. arty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their -respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTI-1ER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATE: E}oZ0.- 09 ATTEST: 'i,~,.,- r ?~' ~,' DWIGHT'.E. BROCI~i Ol.e, rk : . :': ~.7,?';:'.~~ .,,51~)e~tY Clerk Approved ~ to Iegaz. '":~ '~ ~*o~ and sufficiencg z Ellen T. Chadwell Assistant County Atto~ey BOARD OF COUNTY CO~LMISSIONERS . BY: TOM ~NNING, ~hai~an z4~-o3 AS TO BUYER: DATE: MARLENE SANTILLI Signature of Notary Public Print Name 1'3 Commission Number My Commission Expires: (affix notarial seal) illlllllllll IIIlllllllll q IIIIIl[llltlllllltllllllllillllllllllllllllllllllllllllllllllllllg = ..~' RABUL K. SHETH ~= U ~';~,~ COMM. # 13a9704 .._ ~ I III1 ttlI~IIIiDI1111111111111 IIIIII I I 11 ~ It IIIii111111 Witness (s~gnature) ~ (print ~.. e) ~ _~,,~~.~ .. Witnes~.~ig~a!~ure) (print name) STATUOV COUNTY OF i( n, The foregoing Real Estate Sales Agreement was acknowledged before me this day of ~i~,~~,. ~ , 2003, by MARLENE SANTILLI, who is ~Owho has produced C¢sbl Dqq ¢ ~¢ f'2.- as identification. DEPOSIT RECEIPT ~~,,,~, 2003. (Initial Deposit $ 1 (")~) / Appraisal $ 1 ~"-~ / Additional Deposit $ t~r~ ~--/Processing Fee 350.00) Prepared b~: Ellen T. Cha~h~e11, E~leire Offtce of the Counts Attor~e~ 3301 East Tamtami Trail Naples, Florida 34112 (941) 774-8400 STATUTORY DEED *** 3295321 OR: 3443 ?G: 1457 11/14/2003 at ll:OgAM ~IGH? ~, B~OC[, CL~R[ C0N8 17820.00 RBC )B! 6.00 ~0C-.70 I25.30 C0PIBS 1.00 Retn: HISC 1.00 RN~L PROFNR?) gXT 8780 ?O~I INTER OFHC~ THIS DEED, made this ~ day of i~~ ,2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to MARLENE SANTILLI, having a mailing address of 224 Owl Court, Freemont, California 94539, 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.) 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, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The East 75 feet of the East 150 feet of Tract 49, 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~ E~:~)~,K,, Clerk .' ,:.,.\ Asststan( Coun~ Attorne~ Ellen T, Cha~ell BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TH~ CONVEYANCE APPROVED BY ~ BOARD OF COUNTY COMM~K~4ER~, COK~IER COUNTY. FL~ SALES AGREEMENT II (Pa. 12) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this 2O4-k, day of 0~ , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and MARLENE SANTILLI, 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 hgreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The West 75 feet of the East 180 feet of Tract 89, Golden Gate Estates, Unit 40, according to the plat thereof as recorded in Plat Book 7, Page 25 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be THIRTEEN THOUSAND NINE HUNDRED FIFTY ($13,950.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of ONE THOUSAND THREE HUNDRED NINETY-FIVE ($1,395.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and 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 ~ kind, nature, or type whatsoever fro _~r on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate ~vith respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such Prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. I 0. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S 9ttorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in 5onnection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 72. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, Within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C. No waiver of any provis or condition of this Agreement by at. arty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATE: ~0-ZO -0..~ ATTEST_..~:~,~· ~ ~!,.,,,~ ' DwIGHY,~. BROCK~ Clerk -13 4:' Approved~as'to4ega}, fo~and sufficiency ' ~l~n T. Chadwell Assistant County Attorney BOARD OF COJ~qXlTY C(~MMISSIONERS COLLIER ~tNTY,~RIDA TOM HENNING, Chairman AS TO BUYER: DATE: Witness (signature) ~ Witness, (signature}/22~ ~,,,, r~ (print n~ a~%~ ~ ~ MARLENE SANTILLI STATE OF ~ g~ , tl. · COUNTY OF ~ as acknowled~ed before me this '~ day of .. The foregoing Real Estate Sales Agreement w produced  , 2003, by MARLENE SANTILLI, who--i4--~~e~ ~ho has (,.,bt.,. ~ qc~ (~,( 2~ as identification. (affix notarial seal) Silanature of No_tar¥ Public 7--- ~ BABUL k. SHETH ~' ~',~. COMM. ~ 1359704 ~ {~;~) NOTARY PUBLIC- CAUFORNIA ~ ~V,~::;~ ~ SAN MA~EO COUN~ Print Name Commission Number STATUTORY DEED *** 3295319 OR: 3443 PG: 1455 RI~CORDBD in OFFICIAL Rli¢ORD$ of COLLIBR COUIlTY, FL 11/14/2003 at ll:09lM D{{IGH? E. BROCK, CLERK co~s 13950.00 REC ~EE 6.00 DOC-,70 98.00 COHOS 1,00 MI$C 1.00 Rein: REAL PROPER?¥ g[? 8780 ?ONI IN?ER OFYlCE THIS DEED, made this ~)-~day of _(")~ ., 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to MARLENE SANTILLI, having a mailing address of 224 Owl Court, Freemont, California 94539, 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 89, Golden Gate Estates, Unit 40, according to the plat thereof as recorded in Plat Book 7, Page 25, 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: OW GHT E. B~Q.C~ ~C,,lerk '.¢~ -ASS t stant Count.~ -~torney Ellen T, Ch&dwell BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN 0~~ THI~ CONVEYANC~ BOARD OF COUNTY COLLIER COUNTY, SALE~ AGREEMENT II ([ el 18) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this .~ day of ..,.,.,.,.,.,.,., .,~~ , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLOP, IDA, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as described as: "Pre~nises") is legally The West 75 feet of the East 150 feet of Tract 30, Golden Gate Estates, Unit 72, according to the plat thereof as recorded in Plat Book 5, Page 8 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be EIGHTEEN THOUSAND ($18,000.00) DOLLARS, payable by BUYER to SELLER as follows: A. ConcmTently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of ONE THOUSAND EIGHT HUNDRED ($1,800.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $165.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar' exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar' Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and 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, ~ither'6xpress or implied, of ./ kind, nature, or type whatsoever fl or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All instalhnents 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 fi'om and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in natm'e. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C~. ~No waiver of any provi i or condition of this Agreement by ~ party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised fi'om this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: See attached Addendum. 1N WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATE: . .~ ;' ':'74,,~, ATTEST: DWIGHT E. BROCK,'~lerk BOARD OF COUNTY COMMISSIONERS . BY: /5~,a ~. T ~VI-'~I~N~!IN G~, Chairman~ Approved as to legal foffi,ffan d su ffici~e~.~/ E'~ l~-n-T.-Ch~dwe~ -- Assistant County Attorney AS TO BUYER: DATE: O W~ness (s~at~re) (print name) DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA STATE OF COUNTY OF The foregoing Real Estate Sales Agreement was acknowledged before me this ff,~)CJ~day of ~ ,2003, by ,/-/,Otg~l /2]/~O7-T- (Name), ~Da~D ~1~ (Title), o~ behfff of the District School Board of Collier County, Florida, who is personally known to me or who has produced as identification. (affix notarial seal) Sign&~re of Not~ Public Print Name Co ' ' bel _... MY Comm]ss]on Exp~r~ ..~[~,~1% DEPOSIT RECEIPT I, t~,e undersigned, do hereby acknowledge receipt of a total of ~(../...~!'~. ,on this '""t day of ~. ,2003. (Initial Deposit $ ~,-'~/"~ Appraisal $ !(/~ / Additional Deposit $~/Processing Fee $50.00) EXHIBIT "A" ADDENDUM TO REAL ESTATE SALES AGREEMENT BETWEEN and Collier County 3301 East U.S. 41 Naples, Florida 34112 DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA 5775 Osceola Trail Naples, Florida 34109 SELLER BUYER FOR THE PURCHASE OF THE REAL PROPERTY MORE PARTICULARLY DESCRIBED IN THE SALES AGREEMENT (the "Property") For good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties hereto agree to the following terms and conditions: Additional Terms: 1. School Board Approval. This Agreement shall be contingent upon the approval of the Agreement by the District School Board of Collier County at a public meeting. If for any reason, or no reason, the District School Board does not approve this Agreement, Buyer shall notify Seller that it has not approved the Agreement and thereupon the Deposit and any interest accrued thereon shall be immediately returned to Buyer, and the parties shall be relieved of ali liability under this Agreement. 2. Title. Buyer's obligation to close is contingent upon title to the Property being good and insurable subject to easements and restrictions common to the subdivision provided the same do not prohibit the use of the Property for school purposes. 3. Inspections. Buyer will have access to the Property prior to closing, to perform environmental and other inspections which Buyer deems appropriate. Buyer shall hold Seller harmless from and against any liability for damage or personal injury caused by its inspections. 4. Controlling Effect. The terms of this Addendum form a part of the Agreement and shall control and take precedence over any and all terms, provisions and conditions of the Agreement which might vary, contradict or otherwise be inconsistent with the terms and conditions hereof. All of the other terms, provisions and conditions of the Agreement, except as expressly amended and modified by this Addendum, remain unchanged and are hereby ratified and confirmed and shall remain in full force and effect. BUYER: DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA By: Its: Dated: 404383 1 A~j~ved as ~to fom~l~ugal sufficiency ~ - Assts[ant ~oU~~ Att~ne~ Ellen T~ Chadwell SELLER: COLLIER COUNTY By: _ Its: Prepared Ellen T. Chadwe11, Esquire Office of the County 3301 East T~lmtamt Trail Naples, Florida 3411~ (941) 774-8400 *** 3261816 OR: 3400 PG: 0648 *** RECORDED in Q~ICIAL RECORDS of COLLIER COUNTY, ~ 09/lS/~003 at 08:lTAM DIIIGHT B, BROCK, CLERK REC FEE 6.00 DOC-.70 .70 COPIES 1.00 ~I$C 1,00 Retn: REAL PROPERTY EXT 87SO/TONI INTER OPPICE STATUTORY DEED THIS DEED, made this .¢--,-,4 day of ~~,J' , 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, hav~g ~ mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, having a mailing address of 5775 Osceola Trail, Naples, Florida 34109, 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.) 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, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The West 75 feet of the East 150 feet of Tract 30, Golden Gate Estates, Unit 72, according to the plat thereof as recorded in Plat Book 5, Page 8, 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. ~- Asststc:a't Count~ Atto~l Ellen T. Ch~11 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA THIS ~NVEYANGE APPROVED BY THE BOARD OF COUNTY COMMI881~ COLLIER COUNTY. FLORIOA, SALES AGREEMENT II (Pm 20) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this Z[,'4t' day of /~'~1 , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and MICHAEL W. PALON and SANDRA K. PALON, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The East 75 feet of the West 180 feet of Tract 105, Golden Gate Estates, Unit 19, according to the plat thereof as recorded in Plat Book 7, Pages 77 and 78 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER., and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S fight, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be TWELVE THOUSAND SIX HUNDRED ($12,600.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of ONE THOUSAND TWO HUNDRED SIXTY ($1,260.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $165.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the fight of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its fights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and ack Aedges to and agrees with SELLER ti 3UYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C. No waiver of any provisk or condition of this Agreement by an; ,rty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. 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 any of the terms and conditions to be performed by SELLER pursuant to this Agreement. O. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. P. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or 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 the day and year first above written. AS TO SELLER: DATE: ul- 2.P03 ATTEST: .................. Approv6d ~s'~P... found su'ffieiene~.~ '~ Ellen T. Chadwell Assistant County Attorney BOARD OF COLINTY COMMISSIONERS TOM HENNING, Chairman - I~ z-u,o3 AS TO BUYER: DATE~'k.,c~t-- ~--,, ,.,99, r~ ,4zq ~c- (l~rint name) .i' ~ ~' ' (print name) / Witness (~ignature) ~it' ' nes~(sign~- (print name) SAN/DRA K. PALON ~5'd.- 7?/-37 -?~- O STATE OF 'F ~ COUNTY OF f___~_lP--t.~, The foregoing Real Estate Sales Agreement was acknowledged before me this ~"t~day of ~ , 2003, by MICHAEL W. PALON, who is personally known to me or who has produced ~ ~_,,a.,~,,-~. as identification. (affix notarial seal) .~-?-&'~'4 uYCOU~,ss,o..cc~.~o3 ~,.,~'~..~ EXPIRES: June 7, 2003 Signature of Notary Public Print Name Commission Number O__.C. ~; My Commission Expires: STATE OF ~'- ~ COUNTY OF ~ The foregoing Real Estate Sales Agreement was acknowledged before me this ~'"~ day of ~ , 2003, by SANDRA K. PALON, who is personally known to me or who has produced ~ ~ as identification. (affix notarial seal) Signature of Notary Public Print Name Commission Number CC. My Commission Expires: 4 DEPOSIT RECEIPT ¥~,. t~_.~dersigned, do hereby acknowledge l'~--~"3 - ,2003. (Initial Deposit $ !("'~) '-/Appraisal $ !(.~ / Additional Deposit $ , on this I'/~~d a y of Processing Fee $50.00) 32~ 'F :~st '¢,~mia,mt. (941) 77~ *** 3168878 OR: 3271 PG: 0635 *** RNCORDSD in OFFICIAL RICORDS 0f COLLIIR COUN?Y, FL o4/22/2oo. a~ Ol:O2PH DW~GH? S, BROCK, CLBRK CONS 12600.00 []C FSB 6.00 DOC-.?O 88.20 COPIBS 1.00 KISC 1.00 Retn: RNAL BSTA?B SBRVICBS STATUTORY DEEDHX? 2622/SHAR INYSR OF~IC! THIS DEED, made this ~.J~J4' day of /~f"~l , 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to MICHAEL W. PALON and SANDRA K. PALON, having a mailing address of 611 19th Street NW, Naples, Florida 34120, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) 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, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The East 75 feet of the West 180 feet of Tract 105, Golden Gate Estates, Unit 19, according to the plat thereof as recorded in Plat Book 7, Pages 77 and 78, 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. BR,O~I~; Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN ~-~ Assistan{ Co~t'~ Attorney Ellen T. Chadwell TH18 CONVEYANCE APPROVED BY ~ 13CARD OF COUNTY COMMIS~0N~ COI. UER COUNTY, F~ FK.IR~UANT TO THEm OF RE~OLUTION NIL S~LES AGREEMENT II (Pa~ · 34) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ~' day of N/b~d~l*t'h~ , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and ERNEST W. KERSKIE, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The East 75 feet of the West 150 feet of Tract 42, Golden Gate Estates, Unit 44, according to the plat thereof as recorded in Plat Book 7, Page 29 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions-hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be SIX THOUSAND FIVE HUNDRED TWENTY-FIVE ($6,525.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of SIX HUNDRED FIFTY-TWO and 50/100 ($652.50) DOLLARS representing ten percent, I0%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $165.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and 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 a. rdnd, nature, or type whatsoever fro. ~r on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C. No waiver of any provisi, or condition of this Agreement by an, ,rty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER.: %Cjfi.l',D DATE: [:~. I ~"2~' '..*~ ;. . . ...~; ....... . ~ '. ',.-.,, . ATTEST: :-:' . , ,, DWIGHT 'E;' i~' " ltO. ci~, Clerlga ,!: Y? ' ., .-'. -. ,~ ,/., ,,,, ,?,: ,,: . ' ' 'De -Clerk Approved as to legal and suffice7V Assistant County Attorney BOARD OF CQUNTY COMMISSIONERS BY: __ ff..5~...~ N/~-~'-/"-~ TOM I-I~NNIN~, C h~_~ t.r~~ AS TO BUYER: DATE: ERNEST W. KERSKIE STATE OF ~/ff COUNTY OF (~ The foregoing Real Estate Sales Agreement was acknowledged before me this day of ~p'~)~,7"-.~0~b~ o/2_., ,2003, by ERNEST W. KERSKIE, who is__p_E~y known to me__or ~d (affix notarial seal) Sigoaturq~. f Noiary Public Print Nar~e Commission Number dC My Commission Expires: DEPOSIT RECEIPT I,,~ul~dersigned, do hereby acknowledge receipt of a total of '~{~-~-~'~-~ onthis IO(--~d of (_.~/(..__~. , 2003. , , ay (Initial Deposit $ ~,~ ~',,~ /Appraisal $ !('_/~ _~_ / Additional Deposit $~-~.:~/:;Processing Fee $50.00) Prepared Office of the Co,n:Y Att~l~ ~X East T~tamt Trail *** 3299209 OR: 3447 ?G: 3313 *** HCORDID in OPPICIAL RRCORDS Of COLLIER COUNTY, PL 11/21/2003 at 08'.07AM DWIGHT I. BROCK, CLBRN CONS 6525.00 HC )~! 6,00 DOC-,70 46,20 COPIB$ 1.00 NISC 1.00 STATUTORY DEED Netn: NRAL RSTATN SRRVICRS INTRRO))IC!  . ATTN: TONI THIS DEED, made this { day of W0V~'Y~--~, 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, havin9 a mailin9 address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to ERNEST W. KERSKIE, havin9 a mailing address of 4491 3RD Avenue NW, Naples, Florida 34119, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The East 75 feet of the West 150 feet of Tract 42, Golden Gate Estates, Unit 44, according to the plat thereof as recorded in Plat Book 7, Page 29, 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. .~.x ,,. ' ~,' "' ". By:~~~~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HEI~NING, CI-IAIRMAN ~1~ THIS ~ONVEYANCI~ APPI~OVED BY THF. BO~ OI= COUNTY ~ OULL~ o:~rv. ~_<~Rm~ _ OF RESOLU~ON NO. ~ 1O£q SALES AGREEMENT II (Pal 38) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ~ day of ,2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and ELSA CRISTOBAL, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The West 105 feet of the West 180 feet of Tract 38, Golden Gate Estates, Unit 47, according to the plat thereof as recorded in Plat Book 7, Pages 32 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be EIGHT THOUSAND ONE HUNDRED ($8,100.00) 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 EIGHT HUNDRED TEN ($810.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $!50.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees it' it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCF- A. BUYER warrants and acknowledges to and agrees with SELLER that BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The BUYER acknowledges and ag~ that BUYER, in entering into this, ~'ement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exemise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES asAb. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER een contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. Ci No waiver of any provisi Jr condition of this Agreement by an ~y shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of ar~y other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WI-IEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. to hi ty Clerk - forrg'jand sufficiency Assistant County Attorney BOARD OF CO~rNTY CqMMISSIONERS TOM HENNING, Chairman AS TO BUYER: DATE: STATEOF ~:'~"%"('\ ko,, COUNTY OF %c~k~ The foregoing Real Estate Sales Agreement was acknowledged before me this \f0 day of , 2003, by ELSA CRISTOBAL, who is personally known to me or who has produced as identification. (affix notarial seal) I OFFICIAL NOTARY SEAL AMARYit_~S NOTARY PUBLIC ST/',TE 05 FLORIDA COMMISSION NO. DDOSS%7 MY COMMISSION EXP. SF,~q' i3,2G05 Signature of Notar¢ Public Print Name Commission Number My Commission Expires: DEPOSIT RECEIPT I, the undersigned, do hereby acknowledge receipt of a total of ~-~... ~). lO,. , on this _ day ~,.~, 2003. (Initial Deposit $ [0(~ / Appraisal $ I ~). / Additional Deposit $~/Processing Fee $50.00) of prepared b~: Ellen T. Chad~e~ Esquire off ~ce of ~les, F~or~da (~1) 77~ Retn: REAL ESTATE SERVICES STATUTORY P~P i~o~c~ ATT~: TO~I *** 3214581 OR: 3333 PG: 0957 '** RECORDED in O~ICIA5 RECORDS o~ COLLIER COUNTY, FL 07/03/Z003 at 03:lSPM DWIGHT E, BROCK, CLERK CONS ~100.00 REC ~BB 6,00 DOC-.70 56.70 COPIES 1.00 MISC 1.00 THIS DEED, made this I[ .. day oN.T't.~-- , 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to ELSA CRISTOBAL, having a mailing address of 10605 SW 87th Avenue, Miami, Florida 33176, 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 105 feet of the West 180 feet of Tract 38, Golden Gate Estates, Unit 47, according to the plat thereof as recorded in Plat Book 7, Page 32, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,.,.,.. d as t Ellen T. Ch&dwell SALES AGREEMENT II (Pal 41) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ~ day of ~----~_~,xL-,~ , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and ELSA CRISTOBAL, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The West 75 feet of the East !50 feet of Tract 56, Golden Gate Estates, Unit 47, according to the plat thereof as recorded in Plat Book 7, Pages 32 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be EIGHT THOUSAND ONE HUNDRED ($8,100.00) 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 EIGHT HUNDRED TEN ($810.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees it' it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and acknowledges to and agrees with SELLER that BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The BUYER acknowledges and ag~ that BUYER, in entering into this, :ement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES ___.A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER s been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. 2 C. No waiver of any provisk Jr condition of this Agreement by an,~ .rty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. L This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. ...~t~L ~$.r~ ~~9~uty Clerk Approved qs to legal fo~and s~ficiency~ . Ellen T. Chadwcll Assistant County Attorney BOARD OF C. OUNTY COMMISSIONERS BY: TOI~ 15~ENNIN~;, Chairman~ Z-Il AS TO BUYER: DATE: q,- (print name) Witness (signature) (print name) ~~~SA,~RISTOBAL N~/ N STATE OF COUNTY OF (affix notarial seal) I .........OFFICiA'L NOTARY SEAL--~ AMARYLiS VARGAS NOTARY PUBLIC fsTATE OF FLORIDA COMMISSK)N NO. DD956.967 MY COMMISSK3N EXP. SEIC !3,2g05 The foregoing Real Estate Sales Agreement was acknowledged before me this \k. day of ~k. ~...~ k~ , 2003, by ELSA CRISTOBAL, w_h_.0~is personally known to me or who has produced as identification. Signa[ure of Nota~ Public \ Print Name Commission Number My Commission Expires: O DEPOSIT RECEI PT I, the undersigned, do hereby acknowledge receipt of a total of ~ .- , on this day of  ~_~., 2003. (Initial Deposit $ !~'~_ / Appraisal $ I..~(~) / Additional Deposit $ ¢-~ I~'~/Processing Fee $50.00) Prepared Ellen T. Chadwell, Office of the Count) 3~ East T~iamt Tra~l Naples, Flort~ (~) 774~ STATUTORY DEED *** 3214583 OR: 3333 PG: 0959 *** RECORDED ~n O~FICIA5 RECORDS of COLLIER COUNTY, FL 07/03/2003 at 03:lSPM DWIGHT H. BROCK, CLERK CONS 8100,00 REC PEE 6.00 DOC-,70 56.?0 COPIES 1.00 MISC 1.00 RetB: REA~ ESTATE SERVICES INTEROFFICE ATTN: TONI THIS DEED, made this Ii day of ,,.TL)rl& ., 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to ELSA CRISTOBAL, having a mailing address of 10605 SW 87th Avenue, Miami, Florida 33176, 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 150 feet of Tract 56, Golden Gate Estates, Unit 47, according to the plat thereof as recorded in Plat Book 7, Page 32, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN 0v 0-11 ' SAI~ES AGREEMENT II (Par ~,2) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this [~r-lh day of ~"~ru*- , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and RON~IE DUNNIGAN, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The West 75 feet of the West 150 feet of Tract 58, Golden Gate Estates, Unit 47, according to the plat thereof as recorded in Plat Book 7, Page 32 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be NINE THOUSAND NINE HUNDRED ($9,900.00) 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 NINE HUNDRED NINETY ($990.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and 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. The BUYER acknowledges and agr that BUYER, in entering into this ~ ~ement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and'expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12..CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C. No waiver of any provisi, ~r condition of this Agreement by anL xty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATE: .... ;/'"~' ' ~'DWIG~ B,~CK, Clerk Approved as to legal ~and sufficient. Ellen T. Chadwell Assistant County Attorney BOARD OF COffNTY CC~MMISSIONERS COLLIER ~TY,.~ _R~ BY: ,.-.~ J ~---'" IV"- "' -"x-- TOM HENNING,"Chairman Z-II-o3 AS TO BUYER: DATE: itnes~d.slgnature) . Wit_.nes~ (sig(~ture) (print name~ RONNI~ DUNNI~AAN ~ STATE OF COUNTY OF C'_o ! ~ ~'~' ~L The foregoing Real Estate Sales Agreement was acknowledged before me this (.0t~ day of "',~c~oc'- , 2003, by RONN~ DUNNIGAN, who is personally known to me or who has produced ~ ~ Z ~,~ as identification. (affix notarial seal, ~~~)~. ~.~9 Signature o~ot~y Public ,,,t~.~b~,~ Omdv M grh Print Name =~t ~ ~. = _ ~1 Commission Number ~/~ ... ~ ~ My Commission Expires: ~[ 5~ o~ ,u, ~lantie Bond~g ~.. Inc. 4 DEPOSIT RECEIPT I, the undersigned, do hereby acknowledge receipt of a total of _~ i f(:t ~ I&N"X~ ~ ,2003. (Initial Deposit $~__~ / Appraisal $ (~O~ / Additional Deposit $ ~. __,onthis ? day of / Processing Fee $50.00) Prepared Ellen T. Chadwell, Office of the Count) 33G! East Tamtamt Trail Naples, Florida 34112 (941) 774~ *** 3229496 OR: 3354 PG: 0886 *** RBCORI)RD in OP~ICIAL RRCORDS of COLLIER COIJNT~, FL 07/29/200~ at ll:06AN D¥IGH? B, BROCk, CL~R~ CONS DOC-.70 69.30 COPISS 1.00 MISC 1.00 STATUTORY DEED Retn: RBAL BSTA?! SBRVICBS IN?BROFPIC! AYfN: ?OMI THIS DEED, made this ~-I~ day of ,._~'~n~. , 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to RONNIE DUNNIGAN, having a mailing address of 5055 Cedar Springs Drive, Apt. 202, Naples, Florida 34110, 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 West 150 feet of Tract 58, Golden Gate Estates, Unit 47, according to the plat thereof as recorded in Plat Book 7, Page 32, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. .,^~..,.~..~.,.' . .... .S ~¢~, ,,',.,,, BOARD OF COUNTY COMMISSIONERS ·~ ~'~. ,.,'~,.v.,,~.'.,. ..... ..,. ~% "',. COLLIER COUNTY, FLORIDA ~'? ¢~0X; ~ .. . . By:T "~5':::;~?~. l~* - ~ ~t~'S, OM HENNING, CHAIRMAN Appr~ved as t? form~ l~egal sufficiency Assistant CoUntY AEtorne) Ellen T. Ch&dwell THIS ~ANCE APPROVED BY BOAF~ OF cour, n-y co~M~ CCX. LIER COUNTY. FLORIDA~ OF RESOLUTION NO. ~ SALES AGREEMENT II (Pm' 43) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ~(0'W/ -day of. ,~p'~gY~[o~'_' 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and RONNIE G. DUNNIGAN and PAUL E. SULLIVAN, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The West 75 feet of the East 150 feet of Tract 69, Golden Gate Estates, Unit 47, according to the plat thereof as recorded in Plat Book 7, Page 32 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be NINE THOUSAND NINE HUNDRED ($9,900.00) 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 NINE HUNDRED NINETY ($990.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $165.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and 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. The BUYER aCknowledges and ag~ that BUYER, in entering into this ~ ~'ement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind ~vhom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. 2 C. No waiver of any provisk or condition of this Agreement by an) _ .~rty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATE: ATTEST: DWIGHT E::4}ROCK, (21o~'k Approved as t6 lega~'~' fo~d suff~ciency~ Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS ToM ~E4I(INING,VCh airman~ AS TO BUYER: DATE: 8/1103 i~Vitness (signa~ture) (P~~ (print name) g~tlre) (print name) Witness (signature0 (' ( (print name) P,/dN m 6. )UNN' GAN STATE OF COUNTY OF bt04The forel~oing Real Estate Sales before this q~ay of Agreement was acknowledged me ~ ,"¢c~003, by RONNIE G. DUNNIGAN, who is personally known to me or who has produced ~ ~ as identification. (affix notarial seal) Sigrligure ~Oot _dry Public Print Name Commission Number My Commission Expires: STATE OF ~ COUNTY OF . The foregoing Real Estate Sales Agreement was acknowledged before me this /"~day of , 2003, by PAUL E. SULLIVAN, who is personally known to me or who has produced ~ ~ as identification. (affix notarial sea!) Sign~u. Le(g~_ li~,otar¥ P.ublic _ Print Name Commission Number &//lq' My Commission Expires: DEPOSIT RECEIPT ~::~__, , 2003. ., .... ay (Initial Deposit $_~)_(~ / Appraisal $~ / Additional Deposit $~_.~/Processing Fee $50.00) I~e~a~ed by: 1 Ellen T. Chadwel , Elqutee Office of ti~e Counts Attorney 3301 East Tamiamt Trail Naples, Florida ~4t1~ (94X) 774-84(X) STATUTORY DEED *** 3275347 OR: 3417 PG: 3334 RBC0RDRD J.n 0)IqClAL RIC0RDB of C0LLIIR C01IN?I, 10/09/2003 at 10:iSAN DWIGII? I. BROCK, CLIIU[ CO~S 9900.00 RIC FSi ~.00 DOC-.70 69.30 CO,liS 2.00 MISC 2,00 Retn: RIAL PROPIR?Y IX? 8780 IN?IR O~ICl THIS DEED, made this day of ,.~, ~ry~,~ , 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to RONNIE G. DUNNIGAN and PAUL E. SULLIVAN , having a mailing address of 3100 Maria Drive, Lexington, Kentucky 40516-9616, 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.) 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, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The West 75 feet of the East 150 feet of Tract 69, Golden Gate Estates, Unit 47, according to the plat thereof as recorded in Plat Book 7, Page 32, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E. B By:_ ~eJ a~ t~.' for~ ~e~) sufftcien~ Assistant Counts Attor~e~ Eile~ T. Chldweil BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, (~HAIRMAN 0t'/ T'HI8 CONVEYANCE APPROVED 8Y THE BOA OF COUNTY COLLIER COUNTY, FLORIDA, SALES AGREEMENT II (Pm 43) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this 17 day of ~rlE. , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and ERNEST W. KERSKIE, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The South 105 feet of the South 180 feet of Tract 109, Golden Gate Estates, Unit 78, according to the plat thereof as recorded in Plat Book 5, Page 16 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be NINE THOUSAND ($9,000.00) 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 NINE HUNDRED ($900.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $165.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAl. The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and 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, 1 either express or implied, of a rind, nature, or type whatsoever fro. ~r on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. 2 C. No waiver of any provisi or condition of this Agreement by an arty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of ar~y other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14..OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATE: ATTEST:. ' ~: , '~:' DWIGI-I~ E; ,BR6C~; ~?~ · ''7~~ 5"2 ':,'DeR.utyQlerk-.. E~~e ~>~_E.nd sufficiency en T. Chadwell Assistant County Attorney BOARD OF C,,OUNTY COMMISSIONERS COLLIE~JNT.~IoRIDA° sY: TOM~I~NNiN~Chairman'--l~,,, AS TO BUYER: DATE: (p~tham~) ' .L // , Witness (si~ature) (~nt name) ~ST W. KERSKIE STATE OF B/c) Mt O,d COUNTY OF ~_'D/h¢/2~ The foregoing Real Estate Sales Agreement was acknowledged before me this ,2003, by ERNST W. ~RSK~, who is personally known to me ~.,~e as identification. (affix notahal seal) Signature of~targ Public~ . ~ - ~'-~Oom~ ~ cc ~ Print N~e / · ~ ~ Commission ~umber ~) ~ ~ ~ '"~,V"~ ~t~ ~g ~.. Inc. My Commission Expires: ~/~ 4 DEPOSIT RECEIPT IL the undersigned, do hereby acknowledge receipt of a total of (~ ~ [[~' ~~ ,2003. -- (Initial Deposit $ ~_~2 ~Appraisal $ [~_~ , on this ~"/'~ day of / Additional Deposit $ ~ / Processing Fee $50.00) prepared E'~ e~ T. Off 1ce of STATUTORY DEED *** 3208798 OR: 3324 PG: 1432 *** RECORDED in 0F~ICIRL RECORDS of C0LLIRR COUNT~, FL 06/24/2003 at 03:35P# DWIGHT R, BROCK, CLRRK CONS 9000,00 N~C ~ 6.00 D0C-,70 63,00 C0PIgS 1,00 Retn: INTeROffICE ATTN: TONI THIS DEED, made this 1'7 day of O-,Jrl~_ , 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to ERNEST W. KERSKIE, having a mailing address of 4491 3rd Avenue NW, Naples, Florida 34119, 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 105 feet of the South 180 feet of Tract 109, Golden Gate Estates, Unit 78, according to the plat thereof as recorded in Plat Book 5, Page 16, 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 ,~ ..... ':.;: :i;.:' ..... ~-~ss~Stant count~ Attom~ ~len T. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TO~~G~ THI~ CONVEYANCE APPROVED BY THE BOARD OF COUNTY COMMIS~IONER~, ~ COUNTY. R.OP.~ OF R~ILUTION NO, ~/,(~-, 'l ~ SALES AGREEMENT II (Pal 44) REAL ESTATE SALES AGREEMENT made and entered into this,,,-btmj.,/g2_~_, day of ,_~"_~, 2003, by and between THIS AGREEMENT COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and DONALD HOBLIT, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The East 75 feet of the East 150 feet of Tract 85, Golden Gate Estates, Unit 47, according to the plat thereof as recorded in Plat Book 7, Page 32 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be NINE THOUSAND NINE HUNDRED ($9,900.00) 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 NINE HUNDRED NINETY ($990.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and 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. The BUYER acknowledges and agl that BUYER, in entering into this, ~'ement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C.' No waiver of any provisi Jr condition of this Agreement by an ,rty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been r~aid r~ursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages ?or st~ch default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATE: ATTEST: DWIGHT E. ! ",, ,. O'¢pu~"Cle;k pp s t6-1eg$t, ?,,: ~. '.:. r and Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER C~TY,,~IDA . BY: TOM"'"'H~i~G, ~hairman AS TO BUYER: DATE: %,/b ! ©3 Witness (signature) (prijg~jr~.n3q)a ,~ ~ n /] Witness (sNnature) (print name) STATE OF ~'~ COUNTY OF ~ The foregoing Real Estate Sales Agreement was acknowledged before me this ~ day of ,o,..c~::~ , 2003, by DONALD HOBLIT, who is personally known to me or who has produced ~- ~\ ,"~ ~ t4 ~-I c,,~- t41~ as identification. (affix notarial seal) Signature of Notary, Pul)lic Print Name Commission Number My Commission Expires: My Commission CC989798 Expires December 25, 2004 DEPOSIT RECEIPT I, ~~-'---' 2003. hereby acknowledge receipt of a total of , on of thee undersigned, do ((~-'~(~ this ay (Initial Deposit $ ! (~) / Appraisal $__~~ Additional Deposit $~~_/Processing Fee $50.00) Ell *** 3275444 OR: 3418 PG: 0468 *** R)COIU))O in O))ICIRL RRCORI)S of COT, LIBR COIJNT¥, )I, 10/09/2003 at 11:40~!~ DWIGB? ~. BROC[, CLI1RK CONS 9900,00 RBC )BE 6,00 DOC-.70 69,30 COPIES 2.00 MISC 2.00 STATUTORY DEED aetn: RBAL ES?A?E SERVICES INTBRO))IC)/BX?fS?80 A??N: ?ONI THIS DEED, made this ~ day of ~ ,2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to RONNIE DUNNIGAN, having a mailing address of 5055 Cedar Springs Drive, Apartment 202, Naples, Florida 34110, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The East 75 feet of the East 150 feet of Tract 85, Golden Gate Estates, Unit 47, according to the plat thereof as recorded in Plat Book 7, Page 32, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. DWIGHT~,~i BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TH~ CONVEYANCE APPROVED BY THE BOARD OF COUNTY COMMI8810NER~ COLLIER COUNTY, FLORIDA, SALES AGREEMENT II (Pal 45) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this I~,4'1x day of x,~Ov~ , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and RONNIE DUNNIGAN, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The East 75 feet of the East 150 feet of Tract 87, Golden Gate Estates, Unit 47, according to the plat thereof as recorded in Plat Book 7, Page 32 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be NINE THOUSAND NINE HUNDRED ($9,900.00) 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 NINE HUNDRED NINETY ($990.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAI J The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it: elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and 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. The BUYER acknowledges and agx that BUYER, in entering into this · :ement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING C16sing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C. No waiver of any provisi ar condition of this Agreement by an a'ty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: !~DW~[(3~ E:i':B~K, Clerk BOARD OF C~OUNTY qOMMISSIONERS COLLIE~NT.~ORIDA. ~'. :: ~ "? t;;;~. signature onl.V. Approved as to legal fo~/~d sufficiency/.. JEllenT~-Chad,~,ell - - - Assistant County Attorney AS TO BUYER: DATE: w_.ltaaess ~,slgnature)_ (prij~t nar~e) ~. W~ess (sig~ture) (pdnt name)X RONNIE DUNNIGAN STATE OF '1--' I o Lxv ~ COUNTY OF C/._o [ ~, e c< The foregoing Real Estate Sales Agreement was acknowledged before me this--(-a''4~ day of ~(-'~c-~ .~-' , 2003, by RONNIE DUNNIGAN, who is personally known to me or who has produced li::t__X::~ ? L_~ce~,-,.¢ as identification. (affix notarial seal) 0j/v(tq x_a .~ · 3¢).a Sig~a~ure.-~f l~otary Publi~ - ..',"~...L % '"' :' .~' ' 69 ~ ..~.'.-'~_"%0o~m.-.o~ # cc 9~_ Print Name I ='~&~,~ Expiren April 3,2004 ~.~$ ~o,~a ~ Commission Number O._ C., 9 aT'' cJ (~ ~ j "a,~,ll~x"' ~,~,~,~ co.. ~. My Commission Expires: 4 DEPOSIT RECEIPT I, the. undersigned, do hereby acknowledge receipt of '~U~ ,2003. ~1v (Initial Deposit $ Appraisal $~~__ / Additional Deposit $ ~--~ / Processing Fee $50.00) prepared by: 1 Ellen T. Chadwe 1, Esqutre O~ftce of the County kttor~y 3301 East Tamia~t Trail Naples, Florida 34112 (941) 774-8400 *** 3229494 OR: 3354 PG: 0884 *** RRCORDBD ill O))ICIAL RIlCORDS of COLLINR COUNTY, FL 07/29/2003 at ll:05Al( DWIGHT S. BROCK, CLBRK CONS 9900.00 RBC ~NS 6.00 DOC-.70 69.30 COPIRS 1.00 MISC 1.00 Retn: RIAL ISTATR SERVICBS INYBROF~ICR STATUTORY DEED ATTM: TONI THIS DEED, made this I~,'t4~ day of J~r,,~ m, 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to RONNIE DUNNIGAN, having a mailing address of 5055 Cedar Springs Drive, Apt. 202, Naples, Florida 34110, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The East 75 feet of the East 150 feet of Tract 87, Golden Gate Estates, Unit 47, according to the plat thereof as recorded in Plat Book 7, Page 32, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: SALES AGREEMENT II (PaL 49) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this l&~ day of :=/~l ~1 , 2003, by and between COLLIER COUNTY, a political subdivision of the ~tate of Florida, hereinafter referred to as SELLER, and VIRGINIA LOZADA, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The West 75 feet of the East 150 feet of Tract 109, Golden Gate Estates, Unit 79, according to the plat thereof as recorded in Plat Book 5, Page 17 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be THIRTEEN THOUSAND FIVE HUNDRED ($13,500.00) 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 ONE THOUSAND THREE HUNDRED FIFTY ($1,350.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAl, The BUYER acknowledges that he has been advised of the fight of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and 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, 1 either express or implied, of a ~nd, nature, or type whatsoever fro. ~r on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SEIJ.ER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. ~. No waiver of any provisx or condition of this Agreement by an :n'ty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SEIJ~ER: DATE: ~l~en~. Chadwel: Assistant County Attorney BOARD O]~I2OUN]~¥ COMMISSIONERS COLL OUN ORDA · TOM HENNING. Chairman" , airman AS TO BUYER: DATE: Wi_Lness (signature) (print name) STATE OF P-/~.-cO,/~//~ COUNTY OF '/~ I--~LD~ - ' /q~/~;{The foregoing Real Estate Sales Agreement was acknowledged before me this /~-~/'~day of ~ , 2003, by VIRGINIA LOZADA, who is personally known to me or who has produced ~ as identification. (affix notarial seal) 1 [k"'gd~J . "'. °° Signature of I',Mtary Public t~l~fZ I-r~_~ Otq,~F~OO Print Name Commission Number D ~ 0'2- I ~> ~ Z.- My Commission Expires: DEPOSIT RECEIPT I, t~he undersigned, do hereby acknowledge receipt of a total of .'~\~ , 2003. day of (Initial Deposit $ i (']~? / Appraisal $ i ?_.~ _{~'-.) / Additional Deposit $~/Processing Fee $50.00) *** 3226979 OR: 3350 PG: 1373 *** RBCORDED in OHICIk~. llBCORDS of COLLIBR COUN?T, FL 07/24/2003 at ll:25AK DNIGII? B. BROCK, CLBRE CONS 13500,00 REC FEB 6.00 DOC-.70 94.50 Rets: RSAL E~A?E SNRVICES INTEROFFICE AT?N: TONI STATUTORY DEED THIS DEED, made this //-~- day of '~ud'.t , 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to VIRGINIA LOZADA, having a mailing address of 6044 SW 127 Place, Miami, Florida 33183, 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 150 feet of Tract 109, Golden Gate Estates, Unit 79, according to the plat thereof as recorded in Plat Book 5, Page 17, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: /~rl..~-~. TOM HENNING, CHAIRMAr~F' 7...-II-o~ SALEs AGREEMENT II (Par, 50) REAL ESTATE SALES AGREEMENT THIS AGREEMENT COLLIER COUNTY, ANTONIO LOZADA, made and entered into this ! &~ day of ~J'u~u_'~ , 2003, by and between a political subdivision of the State of Florida, hereinafter referred to as SELLER, and hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The West 75 feet of the East 150 feet of Tract 111, Golden Gate Estates, Unit 79, according to the plat thereof as recorded in Plat Book 5, Page 17 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be THIRTEEN THOUSAND FIVE HUNDRED ($13,500.00) 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 ONE THOUSAND THREE HUNDRED FIFTY ($1,350.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAI J The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and 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, 1 either express or implied, of ar. Jnd, nature, or type whatsoever fron ' on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. CJ No waiver of any provisk ,r condition of this Agreement by an3 .rty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjoumed time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELl.ER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATE: D:W~'E'.~i~Y;~OaK, Clerk uty Clerk' ''x ' ~"~' ;' ''~ <"' ' ' ~o~ ~ ~~C~ Ellen T. Chadwell Assistant County Attorney BOARD. O~OUNT~OMMIS. SIONERS AS TO BUYER: DATE: Witness (signature) (print name) STATE OF )/---~ ~/c.{/~F COUNTY OF _J') ~Q~)~'~ (affix notarial seal) The foregoing Real Estate Sales Agreement was acknowledged before me this/~/~5OXday of ?r-~~ , 2003, by ANTONIO LOZADA, who is personally known to me or who has produced as identification. Signature of N6t-dry Public Print Name Commission Number ,0,~ O 2- [ ~,~ ~7 2_._ My Commission Expires: DEPOSIT RECEI PT I, t_~_b.~he undersigned, do hereby acknowledge receipt of a total of ~,k,,~_, 2003. ._.).. ~)(/? , on this day of (Initial Deposit $ /('"i)_("J / Appraisal $ I~("_._~)/Additional Deposit $ ),-~,~.~ Processing Fee $50.00) *** 3226981 OR: 3350 PG: 1375 *** RBCORDID in O~ICIAL RICORDS of COU, IBR COUNTY, EL 07/Z~/2003 al: 11:26AN DffZGH? g. BROCE, C~lR[ Retn: IN?RR0~IC! STATUTORY DEEO A??N: ?011I CON8 13500.00 RSC ~B! 6.00 DOC-.70 94,§0 COPII5 1.00 HI,C 1.00 THIS DEED, made this /G~ day of ~--~b~ ,2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to ANTONIO LOZADAj having a mailing address of 6044 SW 127 Place, Miami, Florida 33183, 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.) 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, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The West 75 feet of the East 150 feet of Tract 111, Golden Gate Estates, Unit 79, according to the plat thereof as recorded in Plat Book 5, Page 17, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: _'~~_ __~~ ' ~ ~ONVL~VAN(~E APPROVED BY ~ OF R'~80LU130N NO~ ~ SABLES AGREEMENT II (Pm. 55) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ~I('¢:J day of ~J0~/~t'~,~, 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and MARLENE SANTILLI, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The North 75 feet of the South 180 feet of Tract 130, Golden Gate Estates, Unit 49, according to the plat thereof as recorded in Plat Book 5, Pages 80 and 81, of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S fight, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be THIRTEEN THOUSAND FIVE ~RED ($13,500.00) 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 ONE THOUSAND THREE HUNDRED FIFTY ($1,350.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the fight of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its fights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. 'BUYER warrants and ack Medges to and agrees with SELLER t BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. 'This Agreement may be .ended only by a written memorandu absequently executed by all of the parties hereto. C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLEr; '_;:: ,~:,~ DATE: .[ ¥.~' ;~ ~'~',,' ', ATTEST:*, . .:~'- '- :~, ' DWIGHTE. BROCK, CI . ~; Attest Clerk BOARD OF COUNTY COMMISSIONERS . BY: T6M~I-I~NNIN~, Chairman-" Approved as to legal f 2s ¢cie Ellen T. Chadwell Assistant County Attorney AS TO BUYER: DATE: WitneLs (signature) (print n~.~e2. ~.~-~ Witnes~signature)'./:~(]~¢ CJ~d (print name) MARLENE SANTILLI STATE OF ~.. COUNTY OF (,,~...LT_h? foregoing Real Estate Sales Agreement was acknowledged before me this ~l~ day of ~t~,~...~, , 2003, by MARLENE SANTILLI, who is pcrzz:::.I!3: .t:new.~ to ~ or who has produced (~C ~C/q¢7(~/'p as identification. (affix notarial seal) I~llllllllll!lllllll]lllllllllllllllIIIIIIIIlIIIIIIIIIIIIIIIIIIIIlIIIIIIIIIIIIIIIIIIIIIIIIII~- BABUL K. SHETH ~ ~.~ COMM. # 1359704 ~ '~; ~J SAN MATEO COUN~ Si&nature of Not~ary P~ublic Print Name , Commission Number e/;')'?[ My Commission Expires: DEPOSIT RECEIPT I, th~ unc~ersigned, do hereby acknowledge receipt of a total of ~~~___, 2003. ,on this ! ~-~-~day of (Initial Deposit $ / C.._~._~1 / Appraisal $ ! %0/Additional Deposit $ !.'~ _~.~'~ / Processing Fee $50.00) Prepared b$: Ellen T. Cha~ell, Esq. tre Office of the Counts Attorne3 3301 East Tamiamt Trail Naples, Florida 3411Z (941) 774-8400 STATUTORY DEED *** 3295323 OR: 3443 PG: 1459 ** RRCORD~D in OFFICIAL R~COROS of COLLI~ COUNTY, FL 11/14/2003 at II:09RI( DWIGIt? i. BROCK, CLgRI Retn: RgAL PROP~R?f 8780 ?Ol(I II(?gR OFFIC! COl(S 13500.00 RlC Fi! 6.00 00C-.70 94.50 COPIlS 1.00 MISC 1.00 THIS DEED, made this~¢~ day of ~)V~~4~, 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to MARLENE SANTILLI, having a mailing address of 224 Owl Court, Freemont, California 94539, 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 180 feet of Tract 130, Golden Gate Estates, Unit 49, according to the plat thereof as recorded in Plat Book 5, Pages 80 and 81, 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.afo, r,e,,said. DWIGHT E B CK, I~ By .:,..' .'.~-". :.- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN App~ed as %o for.Jdi.l~al sui'ftctenc~ Assistant County Attorne.~ Ellen T, Chadwell SALES AGREEMENT II (Pa~ 56) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ~ day of ZYo,{ ~ , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and MARGARET BUTCH, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The South 75 feet of the North 180 feet of Tract 14, Golden Gate Estates, Unit 50, according to the plat thereof as recorded in Plat Book 5, Pages 82 and 83 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be TEN THOUSAND THREE HUNDRED FIFFY ($10,350.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of ONE THOUSAND THIRTY-FIVE ($1,035.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A.' ~BUYER warrants and ack /ledges to and agrees with SELLER tl 3UYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. Bi .This Agreement may be '.ended only by a written memorandu ubsequently executed by all of the parties hereto. C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATE: ATTEST: . ..~ ~. ~.~ .~ .~ ~ Ellen T. Chadwell Assistant County Attorney BOARD OF CgUNTY C~)MMISSIONERS CO LLIER~NT~,~ RID A . TOM HENNING, Chairman AS TO BUYER: DATE: ,'~ ~,--, ..~/. ~-WStness (s~gnature .)._~-- (print na/me) Witne~-~ignature) (print name) M~R~ARET BlffTcH STATE OF COUNTY OF d~z~:/'~---,;,~--- /rlo~ ~,~//~ ~0~///',~-~/.<.Cas identification. (affix notarial seal) The foregoing Real Estate Sales Agreement was acknowledged before me this o.~q./'~day of , 2003, by MARGARET BUTCH, who is personally known to me or who has produced S i gn at ur~c,of/N-6t ary Public Print Namb Commission Number ,O/fl My Commission Expires: DEPOSIT RECEIPT I, the undersigned, do hereby acknowledge receipt of a total of ~'~ ~.~ ~ ,2003. , on this -,~-~day of (Initial Deposit $_~~ / Appraisal $ t ~',~ / Additional Deposit $ ,~_~ / Processing Fee $50.00) STATUTORY DEED 3213172 OR: 3330 PG: 3383 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 07/02/2003 at lO:36AM DWIGHT E. BROCK, CLERK CONS 10350.00 REC F~ D0C-.70 72.80 COPIES 1,00 Retn: REAL ESTATE SERVICES INTEROFFICE ATTN: TONI THIS DEED, made this /.~Z' day of 23-'u.L~ , 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to MARGARET BUTCH, having a mailing address of 10349 NW 11 Street, Pembroke Pines, Florida 33026, 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 14, Golden Gate Estates, Unit 50, according to the plat thereof as recorded in Plat Book 5, Pages 82 and 83, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: SALES AGREEMENT II (Par, 57) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ~44x day of IT0,q , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinaAer referred to as SELLER, and MARGARET BUTCH, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The North 105 feet of the North 180 feet of Tract 23, Golden Gate Estates, Unit 50, according to the plat thereof as recorded in Plat Book 5, Pages 82 and 83 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be TWELVE THOUSAND SIX HUNDRED ($12.600.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of ONE THOUSAND TWO HUNDRED SIXTY ($1,260.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAl, The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its fights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and ack, , ledge, and agrees with SELLER tt. 3UYE~ s purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 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. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTER~MEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. 2 C. No waiver of any provisk .r con, on of this Agreement by an) rty sb '-'be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or s~milar 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 failing on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. 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 any of the terms and conditions to be performed by SELLER pursuant to this Agreement. O. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. P. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or 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 the day and year first above written. AS TO SELLER: DATE: ~" ~- 0'~ DWIGHT'; 'BROCK:;.~terk "~', ',;~ "~ , :~e~uty Clerk Approved as ~to legal ~nd sufficien~ , ~en T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS BY:. T - ~ ........ v ~"~ OM HENNING, Chairman AS TO BUYER: DATE: .3' -,~ O - c~,:a'~''~ I~IAI~ARET B~L~T C H STATE OF ,'~-~' COUNTY OF Notary Public, State of Florida [My corem, expires Sept. 15, 2005 NO. OD 036270 The foregoing Real Estate Sales Agreement was acknowledged before me this .oY~0 e~ay of ,mJ'./'~/7 , 2003, by MARGARET BUTCH, who is personally known to me or who has produced ./--~.~ ~.e/,0.,,/ ~,P/Z/.~-~Ls as L0entification. (affix notarial seal) ~~. /'. ~ Signature O~otary Publi'~" ' · Print Name Commission Number L) ~ C>..?6, c9 7~ My Commission Expires: 9--/J"' ',--~'--~-.'-~ ~ DEPOSIT RECEIPT I, the undersigned, do hereby acknowledge receipt of a total of ,2003. , on this __ day of (Initial Deposit $ !('_O / Appraisal $! ~')O / Additional Deposit $~ !1.(~O / Processing Fee $50.00) Office (~i) 774~ *** 3210932 OR: 3327 PG: 1431 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 06/27/2~03 at 12:2?PM DWIGHT E. BROCK, CLERK CONS 12600.00 REC ~EE 6.00 D0C-.?0 88.20 COPIES 1.00 NISC 1.00 Retn: REAL ESTATE SERVICES STATUTORY DEED INTEROF)ICE ATTN: TONI THIS DEED, made this ~ day of ~(~ , 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, havingamailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to MARGARET BUTCH, having a mailing address of 10349 NW 11 Street, Pembroke Pines, Florida 33026, 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.) 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, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The North 105 feet of the North 180 feet of Tract 23, Golden Gate Estates, Unit 50, according to the plat thereof as recorded in Plat Book 5, Pages 82 and 83, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. A'I-FEST: DWIGHT E. BROCK, Clerk By: ~,.~' ~',"l't~ '~C_~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: /~ TOM HEN~IING, ~ O0~AN(~. APPROVED BY THE BOARD OF COUNTY COMMI681ONERS, OOLUER COUNTY. FLORIOA, OF RESOLLmON NO, ~ SALES ,~GREEMENT II (Pa. 57) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ~ day of ,,.~, · , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and CARRI-ANN O'CONNOR and THOMAS O'CONNOR, Husband and Wife, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The East 75 feet of the West 180 feet of Tract 43, Golden Gate Estates, Unit 83, according to the plat thereof as recorded in Plat Book 5, Page 22 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: ~ ~__. ~ 1. All of SELLER'S right, title and interest in and to the Premises. ~d_.,.(,~_.. I. O 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed~ O.~d.-_-4., ~:~O.e-q-,'c_~-,~ . 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be TWELVE THOUSAND SIX HUNDRED ($12,600.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of ONE THOUSAND TWO HUNDRED SIXTY ($1,260.00) DOLLARS representing ten percent, i0%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and 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 a cind, nature, or type whatsoever fro, .r on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. 2 "C. N~ waiver of any provisi "'" ~r condition of this Agreement by an .trty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, aj~thave not been relied upon by BUYER. ~ C. O. "7 ~L/'--T'7 Id 14. OTHERPROVISIONS.'~'~ '~,Or,~,-~ne~ oc'K*ll Ir~'t-C. arr.~... ~t~q. w,'qlci~ & o-toot 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: ..- : v(, ,,. Approved as ~0 legal . ~. ~and sufficiency ' ffllen T. Chadwell - - Assistant County Attorney BOARD OF CQJJNTY COMMISSIONERS COLLIER~NTY~/RIDA . BY: TOM FIENNING, Chairman AS TO BUYER: DATE: '~- \ \-~) Wit_La~(signatut~e) (prin~t name) Witness (signature) (print name) CARRI-ANN O'CONNOR STATE OF COUNTY OF The foregoing Real Estate Sales Agreement was acknowledged before me this ti,'*'~'x day of .X)..._ ,2003, by CARRI-ANN O'CONNOR, who is personally known to me or who has produced ~ as ~dentfficat~on. (affix notarial seal) MY COMMISSION ~ DD 200619 Bonded Thru Notary Public Undenwltem (print name) Witness (signature) (print name) Signature of Notary Public Print Name Commission Number ~ ~r:) _m t~. ct My Commission Expires: t~-'7- ~'"/ THOMAS O'CONNOR STATE OF ~: ~ COUNTY OF c_ ~ The foregoing Real Estate Sales Agreement was acknowledged before me this I \'*~ day of · ---~. ~ , 2003, by THOMAS O'CONNOR, who is personally known to me or who has produced ~ ~ as ~dentffication. (affix notarial seal) Signature of Notary Public Print Name Cornmission Number My Commission Expires: DEPOSIT RECEIPT signed, do hereby acknowledge receipt of a total of ~ I q~'"'~ this I~:~day of ,2003. . . , on (Initial Deposit $ /~ / Appraisal $ t ~ / Additional Deposit $ !~('~L~ ! Processing Fee $50.00) 5 *** 3259113 OR: 3396 PG: 2355 *** RBCORD~D in O~ICIAL RBCORDS o~ COLLIER COUN?¥, ~L 09/15/2003 at 08:13AM DWIGHT E. BROCK, CLERK CONS 12600.00 RBC EBB 6,00 DOC-.70 88.20 COPIBH 1.00 MIHC 1,00 STATUTORY DEED Rein: RBAL BH?A?B SBRVICBS IN?BROYEICB THIS DEED, made this ~(~.k~.~ day of C~'0.~ , 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having'~"~nailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to CARRI-ANN O'CONNOR and THOMAS O'CONNOR, Husband and Wife, and AMERICAN DREAM BUILDERS, INC., a Florida corporation, having a mailing address of 5274 Golden Gate Parkway, Naples, Florida 34116-7670, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The East 75 feet of the West 180 feet of Tract 43, Golden Gate Estates, Unit 83, according to the plat thereof as recorded in Plat Book 5, Page 22, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ~ '~ DWIGHTE. B~CK'; ~lerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: /~-"~ ' TOM HENNING~ Attest as to ~hatr'm~'$ stgflature THIS CONVEYANCE APPROVED BY BOARD OF COUNTY COMIC. COLLIER COUNTY, FLORIDA~ PURSUANT TO THE SALES AGREEMENT II (Parcel 58) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ~ day of ~ , 2003, by and between · ~ COLLIER COUNTY, a political subdivision of the State of Florida, hermnafter referred to as SELLER, and MARGARET BUTCH, 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 this Agreement, (hereinafter referred to as described as: "Premises") is legally The North 75 feet of the North 150 feet of Tract 24, Golden Gate Estates, Unit 50, according to the plat thereof as recorded in Plat Book 5, Pages 82 and 83 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be TEN THOUSAND THREE HUNDRED FIFTY ($10,350.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of ONE THOUSAND THIRTY-FIVE ($1,035.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAl, The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and acknowled,_ to and agrees with SELLER that BUS . is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. 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 cc .tion of this Agreement by any party · .1 be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. 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 any of the terms and conditions to be performed by SELLER pursuant to this Agreement. O. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. P. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or 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 the day and year first above written. AS TO SELLER: DATE: 5-~'0~ ATTEST: DWIGHT,'[eB R~.~; Clerk ~(x,-~ ....... ~',. :: ~2;: :.:'7'': "'~.~!.D~Pu~ Clerk At.st ,as ~ C~t~n s ApproVeJ,~XoJ'eg~: 5:';:" fo~ and su~i~l~}~' ~E~le~ ~. Ch:dw~li Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER~qTY,~tRIDA' AS TO BUYER: DATE: -.~-~"~ 0 ' w, itn~S (s~naturq~ ..~ (print ame) Witness ~gnature) 'MAR6/ARET B~TCH STATE OF COUNTY OF The foregoing Real Estate Sales Agreement was acknowledged before me this ~ Z~'ay of /#,//~o ~ , 2003, by MARGARET BUTCH, who is personally known to me or who has produced identification. (affix notarial seal) I ~ IMy ~mm. expires Sept. l& 2005 Signatur o~'lqotary Public rint Name Commission Number ~ ,O My Commission Expires: DEPOSIT RECEIPT I, the undersigned, do hereby acknowledge receipt of a total of (~t. I.~, ~'~.~ ,_ _ ., 2003. , on this ay of (Initial Deposit $ / Appraisal $ I~)O / Additional Deposit $~.~_/Processing Fee $50.00) *** 3210934 OR: 3327 PG: 1433 *** RECORDED in OFFICIAL RECORDS o~ ¢OLLINR COUNTL F~, 06/~7/~083 at I~:~TPM DWIGHT E, BROCK, CLERK C0N~ 10350,00 RRC FR8 6,00 D0C-.?0 72.80 COPI[~ 1.00 ~I~C 1.00 RetD: STATUTORY DEI:D IN?BROF(IC8 ATTN: TONI THIS DEED, made this ~44r, day of ¢'(~CU~ , 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to MARGARET BUTCH, having a mailing address of 10349 NW 11 Street, Pembroke Pines, Florida 33026, 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 North 150 feet of Tract 24, Golden Gate Estates, Unit 50, according to the plat thereof as recorded in Plat Book 5, Pages 82 and 83, 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 By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM ~IE~NING,%HAIRMA'~, ~ OONVEYANCE APPROVED BY THE BOARO OF COUNTY COM~, SALES A(~REEMENT II (Pal 59) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ~'q~ day of ,~9']1~q,~0~', 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and EDWARD WHITTINGHAM and NANETTE WHITTINGHAM, Husband and Wife, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The East 75 feet of the East 150 feet of Tract 63, Golden Gate Estates, Unit 83, according to the plat thereof as recorded in Plat Book 5, Page 22 of the Public Records of Collier County, Florida. 2. SAI.E and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be THREE THOUSAND EIGHT HUNDRED TWENTY-FIVE ($3,825.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of THREE HUNDRED EITHTY-TWO and 50/100 ($382.50) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $165.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A.; BUYI~R warrants and ac['-" vledges to and agrees with SELLER t BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. _CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. 2 B.' This Agreement may be ended only by a written memorandu ubsequently executed by all of the parties hereto. C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATE: ATTEST: DWIGHT E. BRO(~K, Clerk:, ~:. '~ , Depu~} Ci~rk Attest Appro;ed as t° uff ciency Ellen TTChad~lF - Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER ~,I~TY~IDA . BY: TO M~lq~NO ,¥2 h ai rm an AS TO BUYER: DATE: ~5~ ~C~ "O~ Witnesi (signature) Witness~signature.-), (print name) W~to~s~ ___.__ ~ (P~ ~"q:~0~~ W~rless (signature_Q_)t/~J~'~-2 (print name) ~IS~,~RI5 WHIS'TiNGIJa~ - - STATE OF /TLO~ ') ~)c)- COUNTYOF )x4~)c~-,L4~ ~~ f The foregoing Real Estate Sales A reement was acknowledged before me this ~C~ day o /5x-k~ . , 2003, by EDWARD WHI~'TINGHAM, who is~~or who has pro'duce~ as identification. - ~ ~ (affix notarial seal) ~y'E~'~'~~-~[ J / Si~a~ure~of Notary Public Print Name Commission Number My Commission Expires: STATE OF COUNTY The foregoing -~ , 2003, produced\. (affix notarial seal) Real Estate Sales Agreement was acknowledged before me this lq~ day of by NA aN~s iT;nEtif~caHtloTnT. INGHAM,..~ ~__~~ or who has Signature/of Notary Public Print Name Commission Number My Commission Expires: DEPOSIT RECEIPT t~e undersigned, do hereby acknowledge receipt of a total of ~'._.~[q .,--~ -, on this C~'~' day of (Initial Deposit $ I(')0 / Appraisal $_ 1~5,-- ~,dditional Deposit $ c0,~,~Processing Fee $50.00.) STATUTORY DEED *** 3276315 OR: 3419 PG: 1911 *** RBCORDBD in 0~ICIAL P, ECORDS 0f C0[LII~P, C0UNT¥, ~L I0/10/2003 at Ol:13PK DIIGHT E, BROCK, CLNRK CONS 3825.00 DOC-,70 27.30 COPIES 1.00 ~ISC 1.00 ~etn: EX? 8750/?0NI INTER OP~ICE THIS DEED, made this Z,~''t4q day of ..~.~-_yl~,'"' ., 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to EDWARD WHITTINGHAM and NANETTE WHITTINGHAM, having a mailing address of 600 NE 36th Street, Apt. T-22, Miami, Florida 33137, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The East 75 feet of the East 150 feet of Tract 63, Golden Gate Estates, Unit 83, according to the plat thereof as recorded in Plat Book 5, Page 22, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: ~.~, . DWIGHT erk By: Rp~v,~d,~as totfo.~ ~1 sUffJCJelg~ Assistant Coun~ Attorne~ £11en T, Ch&d~ell BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /'"1RMAN ' By: TOM HEI~NING, CHA ~ COLLIER ,L"'~,,"")U~,~"T"y, FLORIDA, PURSOANTTO THE ~~ · P~epa~ed bS: ~ Ellen T. ¢~advee , Esqut~e Office of ~he Counts A~t, orne~ 330! Eas~ Tam,am1T~aJl Nap]es, Florida 3411Z (941) 774.-84430 STATUTORY DEED *** 329"]7 OR: 3447 PG: 1244 *** RECORDRD in O~ICIU, RECORDS of COLLIRR COUE?¥, PL 11/20/2003 at ll:l?l~ D~IGHI S. BROCK, CLRRK CO#S 13500,00 REC ~EE 6.00 DOC-.70 94.50 CO?lES 1.00 MlSC 1,00 Retn: RRAL ESTATE I]?ERO~YlC~ ATTN: TO]I THIS DEED, made this [t~ day of k[OU~n~P.~- , 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to BRIAN O'CONNOR, having a mailing address of 15 Lucaya Circle, Willmington, MA 01877, 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 South 150 feet of Tract 103, Golden Gate Estates, Unit 50, according to the plat thereof as recorded in Plat Book 5, Pages 82 and 83, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ OONVEYANCE APPROVED BY THE BOAI~ OF COUNTY COLLIER COUNTY. SALES AGREEMENT II (Pa. 60) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this __/~..v day of [~0 ~ }. , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and DANIEL BERARD hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The South 75 feet of the South 150 feet of Tract 103, Golden Gate Estates, Unit 50, according to the plat thereof as recorded in Plat Book 5, Pages 82 and 83, of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be THIRTEEN THOUSAND FIVE HUND~D ($13,500.00) 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 ONE THOUSAND THREE HUNDRED FIFTY ($1,350.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees it' it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and ac[ tvledges to and agrees with SELLER t~ BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES , Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be ended only by a written memorandu. Jubsequently executed by all of the parties hereto. C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER:' DATE: --' .~: - .. DWIGH~ ~;~ROCK;~ cler~k, BOARD OF COUNTY COMMISSIONERS BY: .--~_1~_~ -- TOM HENNING, Chairman - ~ 241-0~ Approved as to legal fo~ and sufficienc/~ Ellen T. Chadwell Assistant County Attorney AS TO BUYER: DATE: Witn~'~ (signature)/t. ,4Oq Witn~s (signatgre), (print name) DANIEL BERARD ,} -- The foregoing Real Estate Sales Agreement was (-~Tzd-.)~'~'f--- ,.,,2003, by DANIEL BERARD, who is personally known to me or who has ,~,~)/~/g~'~q' ~o~'as i den ti fi c ati o n. (affix notarial seal) ~ ../~gr~9l~ure of !~tary_P-qblic ,, Print Name Commission Number My Commission Expires: ~ ,/ acknowledged before me this '-/" ~tay of produced 4 DEPOSIT RECEIPT ~ '('~---~ ,2003. (Initial Deposit $ I~)~? / Appraisal $ (!~C;!/Additional Deposit $ /,~UC:)' Processing Fee $50.00) SAL'ES AGREEMENT II (Pa; 62) REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this !~x day of I'N]0["}, , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as SELLER, and DANIEL BERARD hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The East 75 feet of the West 150 feet of Tract 13, Golden Gate Estates, Unit 84, according to the plat thereof as recorded in Plat Book 5, Page 23 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be THIRTEEN THOUSAND FIVE HUNDRED ($13,500.00) 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 ONE THOUSAND THREE HUNDRED FIFTY ($1,350.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAL The BUYER acknowledges that he has been advised of the fight of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its fights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and 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 a. .cind, nature, or type whatsoever fro~ r on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C. No waiver of any provisi or condition of this Agreement by an .trty shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WH~. REOF, the parties have caused this Agreement to be executed as of the day and year first above written. DATE: ~, ~I-- A~EST, .. · . ~,¥.,',. ~, lt st Approved as to legal ufficiency Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER .~TY~IDA . BY: /9~rt _., X/(L~.~ TO1QI~E~N~NG, ~2hairman ~ DEPOSIT RECEIPT I, the_ un~ersigned, do hereby acknowledge receipt of ('~'~____ , 2003. a total of ~ !-~-'..~ ,on this (Initial Deposit $ I. L-')~.) / Appraisal $ ! ._c~-'_~_...~ Additional Deposit $ /~--.'¢~(_--,7 Processing Fee $50.00) AS TO BUYER: DATE: DANIEL BERARD Witness (~atureO~ Q~¢:~ (p~i~ naff~e). ',,~y- w~tn.~ss (s~gnature). _~ (print name) CO~TY OF ' ( foregoing Real Estate Sales Agreement was acknowledged before me this ~l~day of ~ 2003, by DAN~L BERARD, who is personally known to me or who has produced M~ ~(t~ ~/~asidentification. //~ ~ (amx ~ign~re of Not~y Public Pnnt Name Commission Number My Commission Expires: ~ 4 Prepared by: Ellen T. Chad~e11, E~ire Office of the County AttorMy 3301 East Tamtamt Trat1 Nap]es, Flortda 34112 (941) 774-8400 *** 32% U5 OR: 3447 PG: 1242 TM RECORDED in OPfflCIAL RECORDS of COLLIER COUNTY, PL 11/20/2003 at ll:ITAM DWIGHT R. BROCK, CLI~RK CONS 13500,00 REC fiN! 6.00 DOC-.70 94.50 COPIES 1.00 NISC 1,00 STATUTORY DEED Retn: ~AL ESTAT~ $)RVICES INT)RO))IC! ATTN: TONI THIS DEED, made this I ~)-fi~ day of ~JO~/~]~_.t~, 2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to DANIEL BERARD, having a mailing address of 10 Wimbledon Crossing, Dracut, MA 01826, 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.) WlTNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The East 75 feet of the West 150 feet of Tract 13, Golden Gate Estates, Unit 84, according to the plat thereof as recorded in Plat Book 5, Page 23, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day a,nd year aforesaid. .... ~ " ' ~"~ '".. ~',"~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TO M-'~ ~1~, ~'~~_..~ Assistant Count~ Attorne$ -~ Ellen T. Cha~ell ~ O0~AN¢_~ A~PI~3VED BY THE BOA~ o~ COUNTY CONM~S~N~ CO[LmR COUNTY. ~~ SALES AGREEMENT II (Pm 75) --~ REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this lrl4k day of ~)t~Jo~)04- , 2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, he}einafter referred to as SELLER, and EDWARD WHITTINGHAM and NANETTE WHITTINGHAM, Husband and Wife, hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. PREMISES The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally described as: The East 75 feet of the East 150 feet of Tract 32, Golden Gate Estates, Unit 88, according to the plat thereof as recorded in Plat Book 5, Page 27 of the Public Records of Collier County, Florida. 2. SALE and CONVEYANCE A. SELLER agrees to sell and convey the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the other terms and conditions hereinafter set forth: 1. All of SELLER'S right, title and interest in and to the Premises. 3. TITLE A. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. 4. PURCHASE PRICE The Purchase Price ("Purchase Price") for the Premises shall be FIFTEEN THOUSAND ONE HUNDRED TWENTY ($15,120.00) DOLLARS, payable by BUYER to SELLER as follows: A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as earnest money hereunder CEamest Money") the sum of ONE THOUSAND FIVE HUNDRED TWELVE ($1,512.00) DOLLARS representing ten percent, 10%, of the purchase price, and FIFTY ($50.00) DOLLARS, which shall serve as a one time processing fee. B. The balance, after credit for the Earnest Money, and plus or minus any further prorations and adjustments, shall be paid by BUYER to SELLER at closing. 5. APPRAISAL The BUYER further acknowledges that any appraisal fees and/or update fees for the above described Premises shall be the sole and complete responsibility of BUYER. The BUYER shall upon the execution of this Agreement pay the estimated update appraisal fee in the amount of $150.00. If the appraisal fee is less than the amount shown above, the difference shall be refunded accordingly. If an appraisal update shall be required, then SELLER shall provide written confirmation of the update fee prior to ordering same, and Buyer shall remit the update fee within ten (10) days of receipt to SELLER. The BUYER shall have twenty (20) days from the date of receipt of the registered or certified letter transmitting the appraisal and/or update to enter into an amended Real Estate Sales Agreement at a sales price in accordance with the appraisal or update. Following the expiration of this twenty (20) day period, if no new Agreement is executed, the Earnest Money shall be returned to BUYER. 6. RIGHT OF FIRST REFUSAI. The BUYER acknowledges that he has been advised of the right of first refusal to purchase the Premises on the same terms as contained in this Agreement by Avatar Properties Inc. If Avatar exercises its rights under this paragraph, BUYER shall receive a full refund of their Earnest Money. Avatar Properties Inc. will be responsible for payment of the appraisal fees and/or update fees if it elects to exercise its right to purchase. 7. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE A. BUYER warrants and ack dedges to and agrees with SELLER tJ BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the subject property, is not relying on any representations made by SELLER regarding the condition or future developability of the property. B. BUYER acknowledges that BUYER has made and/or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and agrees that he hereby waives, releases and discharges any claim that he has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS AND ADJUSTMENTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments of special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. B. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustments shall be final. C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. 9. DEFAULT; TERMINATION A. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER'S sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by or paid to SELLER as liquidated damages which shall be SELLER'S sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'S default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. B. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be promptly returned to BUYER and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions), including, without limitation, recording fees, conveyance fees, appraisal fees and/or update fees, settlement fees, closing costs, and transfer, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES A. BUYER represents to SELLER that there is no broker, finder or intermediary of any kind whom BUYER has been contacted by or dealt with in connection with this transaction. Any and all brokerage commissions or fees shall be the sole responsibility of the BUYER. B. BUYER agrees to indemnify and hold harmless SELLER against and from all claims, demands, causes of action, judgments and liabilities which may be asserted or recovered for fees, commissions or other compensation claimed to be due to any broker, finder or intermediary with whom BUYER may have dealt in connection with the transaction, including costs and reasonable attorneys' fees incident thereto. C. This provision shall survive closing. 12. CLOSING Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 120 days of the appraisal date. 13. GENERAL PROVISIONS A. This written Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be ended only by a written memorandu ubsequently executed by all of the parties hereto. C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted or required to be given hereunder shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. I. This Agreement shall be governed in all respects by the laws of the State of Florida. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement, shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money, (including any additional earnest money which may have been paid pursuant to the Agreement), shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. OTHER PROVISIONS: None IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATE: ATTEST: .~' DWIGHT~q2 ,'i~ 7'~ ~.'.. ~. ~.~:~: :;;~,~:~ :(Deput, y Clerk Approved as tO l~g~l found sufficiency~, nen T. ha&en Assistant County Attorney BOARD OF COI.,~TY COMMISSIONERS COLLIE R C~/h~T Y, ~I~/ID A . TOM HENNING, (~hairman ~ AS TO BUYER: DATE: E'D WARI5 WHIT~INC_~AM qpxir~t- n~TM , Witness (si' }aature5 (print name NAN~E WHITTI~:~HAM d ' STATE OF COUNTY OF (" The foregoing Real Estate Sales Agreement was acknowledged before me this / day of ,-5%c.0'-~'.t~aotx-- , 2003, by EDWARD WHITTINGHAM, who is personally known to me or who has p~oduced V I-- -'~r. t_~c as identification. (affix notarial seal) ~S~gn~at~r~ o"~ot~y'_Pt~blj_q~ - .,,l'~_~,ta,, Cindy m. Erb ,"'~,.'%~'~_"%-. Gommissio'n it CC 924691 Print Name / ~,.1~..~ Expires April 3, 2004 ~..,~..,.~' no~a~t rhr, Commission Number 0C "[~,~;" Atl~nticBonding Oo..Ino. My Commission Expires: STATE OF V\ © £. s ~ ~' COUNTY OF ('"~C, I ~,, 'q r- The foregoing Real Estate Sales Agreement was acknowledged before me this day of ~-~,o--~mko.c , 2003, by NANETTE WHITTINGHAM, who is personally known to me or who has produced Vt_._ -~r t_..~c as identification. (affix notarial seal) .,,,~'.,~....2/,~_,,, Oindy ~ grb _s~'-~'~,o~_ ~,~,~ # cc ~.,~ Signat~ure of~N, otary Public_ /2 Print Name Commission Number C'~ (Z ~;~.~9/d., ~/ My Commission Expires: 4J :~/o'7 4 DEPOSIT RECEIPT I,~ undersigned, do hereby acknowledge receipt of a total of ~' i C-~l.'~.- on this I day of '--~..~ ,2003. -' { ' - ' (Initial Deposit $ !~'j'(? / Appraisal $ / ~ ~ / Additional Deposit $ ! q~ ~Processing Fee $50.00) 3288948 OR: 3 35 PG: 1386 *** RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUIITY, FL H/02/2003 ak 08:33AH DW[GH? B. BROCK, CLBH cobs 512o.oo ~C FBB 6.00 DOC-,?O 106.40 COP'tBS 1.00 I(]SC 1.00 RBAL BSTATB SBRV~CBS ]H?BROFHCB STATUTORY DEED ATT,: ffOlI THIS DEED, made this ~ day of ~.~O~ ,2003, by COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to EDWARD WHITTINGHAM and NANETTE WHITTINGHAM, having a mailing address of 600 NE 36th Street, Apt. T-22, Miami, Florida 33137, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) 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, his heirs and assigns forever, the following described land lying and being in Collier County, Florida: The East 75 feet of the East 150 feet of Tract 32, Golden Gate Estates, Unit 88, according to the plat thereof as recorded in Plat Book 5, Page 27, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E. By: Appr~,~ ~s tq~'~r~3 ~l~al sufficiency Ellen T. Ch&dwell BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~.~)1--~ . THIS CONVEYANCE APPROVED BY THE BOARD OF COUNTY COMMI88K)NERS, COLLIER COUNTY, FLORIDA, O~' Rt~9OL.~N NO. j?~/~',"~,- q ~