Glades Country Club Apts. Assoc
PROJECT: Teryl Road
FOLIO NO: 00389520007
REAL ESTATE SALES AGREEMENT
THIS AGREEMENT made and entered into this I d.:"" day of ~ Q ~, 2005, by and between
the BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER DISTRICT hereinafter referred to as SELLER, and, THE
GLADES COUNTRY CLUB APTS. ASSOCIATION, INC., 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
"Premises") is located in Collier County, Florida, at 818 Teryl Road, Naples, Florida 34112, and
described on Exhibit "A" attached hereto and made a part hereof.
The term Premises when used herein includes the following improvements: all through wall air
conditioners, conference room central air conditioning system, all attached cabinetry and countertops,
all lockers, all lighting fixtures, all bathroom fixtures, all installed fans, all wiring boxes, and all fencing
around the perimeter of the property.
2. SALE and CONVEYANCE. SELLER agrees to sell and convey all of SELLER'S right, title and
interest in and to the Premises to BUYER, and BUYER agrees to purchase the Premises from
SELLER, at the price and upon the terms and conditions hereinafter set forth.
3. EXECUTION OF AGREEMENT. Execution of this Agreement by BUYER must occur on or before
July 14, 2004 with the Agreement being delivered to SELLER before 5 pm on such date.
4. TITLE. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. BUYER'S
obligation to close is contingent upon title to the Premises being good and insurable, subject to
easements and restrictions common to the platted area.
5. PURCHASE PRICE. The Purchase Price ("Purchase Price") for the Premises is TWO HUNDRED
THIRTY-TWO THOUSAND SIX HUNDRED AND THIRTY-ONE DOLLARS ($232,631), payable by
BUYER to SELLER. Concurrent, with the execution and delivery to SELLER of this Agreement,
BUYER shall pay to SELLER, as earnest money hereunder ("Earnest Money") the sum of TWENTY-
THREE THOUSAND TWO HUNDRED SIXTY-THREE and 10/100 ($23,263.10) DOLLARS
representing ten percent, 10%, of the purchase price. The balance, after credit of the Earnest Money
and any prorations and adjustments, shall be paid by BUYER to SELLER at closing of this transaction.
6. DISCLAIMER OF WARRANTIES. BUYER understands and acknowledges 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 agrees that BUYER, in entering into this
Agïëerr;c:;nt ar:d p:..:rchaB:r.g the Premises, is not relying on any representations made by SELLER
regarding the condition, future development potential, or use of the Premises. BUYER furtheí
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. Without in any way limiting the preceding, BUYER
acknowledges and agrees that Buyer hereby waives, releases and discharges any claim that Buyer
has, might have had, or may have against the SELLER with respect to the condition of the Premises.
7. PRORATIONS. ADJUSTMENTS and CLOSING COSTS.
A. The following items shall be prorated and adjusted between SELLER and BUYER as of
midnight of the day preceding closing:
1. All installments or 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.
3. 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 adjustment shall
be final.
B. 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.
C. BUYER shall pay for all costs associated with this transaction including, but not limited to
transfer, documentary taxes, and recording costs for any curative instruments. BUYER agrees to pay
the cost of publication of the legal notice soliciting bids on the Premises. SELLER shall pay the costs
of recording the conveyance instrument.
8. INSPECTIONS. SELLER shall provide BUYER reasonable access to the Premises so BUYER can
have an environmental inspection made. BUYER shall notify SELLER within thirty (30) days of
execution of this Agreement by BUYER as to whether the results of the inspection are satisfactory to
BUYER. If the inspection is not satisfactory in BUYER'S sole discretion, then BUYER shall have the
right to cancel the Agreement, and the Earnest Money, less the cost of publication of the legal notice
soliciting bids on the Premises, shall be returned to BUYER. BUYER shall hold SELLER harmless
from and against any liability for damage or personal injury caused as a result of BUYER'S inspection
of the Premises.
9. DEFAULTS AND TERMINATION. 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 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.
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 returned to BUYER within thirty (30) days of
receipt of Written Notice of default 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, if any), including,
without limitation, recording fees, conveyance fees, public notice cost, documentary and intangible
taxes of every nature and kind whatsoever, shall be borne and paid by BUYER.
11. INTERMEDIARIES. Any and all brokerage commissions or fees brought about by the action of
BUYER shall be the sole responsibility of the BUYER. BUYER shall indemnify SELLER and hold
SELLER harmless from and against any claim or liability for commission or fees to any broker or any
other person or party claiming to have been engaged by BUYER as a real estate broker, salesman or
representative, in connection with this Agreement, including costs and reasonable attorneys' fees
incident thereto. This provision shall survive closing of this transaction.
12. CLOSING. Closing shall take place during normal business hours at the County Attorney's Office,
Collie¡ County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as
SELLER may select, within 90 days from the date SELLER executed this Agreement.
13. GENERAL PROVISIONS.
A. This 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.
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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 to the following addresses. 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.
AS TO SELLER: Collier County Real Estate Services Department
Attention: Toni Mott, Acquisition & Sales Supervisor
W. Harmon Turner Building, 4th Floor
3301 East Tamiami Trail, Naples, Florida 34112
WITH A COPY TO: Collier County Attorney's Office
Attention: Ellen T. Chadwell, Assistant County Attorney
W. Harmon Turner Building, 8th Floor
3301 East Tamiami Trail, Naples, Florida 34112
AS TO BUYER:
The Glades Country Club Apartments Association, Inc.
Attention: John Cassio, General Manager
174 Teryl Road, Naples, Florida 34112
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. AI! of the parties to this Agreement have participated fully in the negotiation and
preparation hereof; and, accordingly, this Agreement shall not be more striciiy constïued agai:1$t 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 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:
A. In the event this Agreement is not approved by SELLER, then SELLER shall return the
Earnest Money to BUYER within thirty (30) days of such non-approval by SELLER.
B. SELLER has the right to maintain possession of the property until the day of closing.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and
year first above written.
AS TO SELLER:
DATED: 'I.;? '1- 05
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BOARD OF COUNTY COMMI5.&ONERS OF :, -;~,
COLLIER COUNTY, FLORIDAf As THE ~. .
GOVERNING BODY OF COLI3È;~R COUNTY AND ::
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AS EX-OFFICIO THE GOVER!'J~t>JG BOARD OF TH§'
COLLIER COUNTY WATAER-S;E:WER DISTRICT .§
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BY: ~. w. ~';:"""":':"'"
FRED W. COYLE, Chairman
AS TO PURCHASER:
DATED: '1/,4/ o'-f
THE GLADES COUNTRY CLUB APTS.
ASSOCIATION, INC., a Florida non-profit
corporation
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Witness (Signature)
Name: hi N Du Är.)/!.l. ..1£..t~
-rt:. (Print a~ 'rype)
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Witness (Signature)
Name: ít-\Qft\ A ~ (;:"é{-\ J;!. I(L
(Print or Type)
BY: (~~ );, ~jLJ<
PresidenWice President
Print Name: ~Lt:t-h £. \ 10'1 \ e..(
Title: 'V ít"<)l den+-
Address:
174 Teryl Road
Naples, FL 34112
Approved as to form and
legal sufficiency:
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EXHIBIT "A"
Page 1 of 1
Commencing at the Northeast corner of Lot 6, Block H, The Glades Unit Two as
recorded in Plat Book 10, Page 88, Public Records of Collier County, Florida; thence
South 00°18'50" East 25.23 feet along the East boundary of said Plat to the West corner
of #9 The Glades Country Club Apartments Condominium also the Northwest corner of
Parcel #1 within Fairway #6 of the Glades Golf Course; thence North 89°41' 13" East
1,630.24 feet along the North boundary of The Glades Country Club Apartments No.9 as
recorded in Official Record Book 703, Page 922, and The Glades Country Club
Apartments No. 10 as recorded in Official Record Book 790, Page 92, Public Records of
Collier County, Florida; also the Southerly boundary of Lakewood Unit No. 6 as
recorded in Plat Book 12, Page 73, Public Records of Collier County, Florida, to the
point of beginning; thence continue along said line North 89°41'13" East 357.01 feet to
the Westerly boundary of Lakewood Unit No.4 as recorded in Plat Book 12, Page 27,
Public Records of Collier County, Florida; thence South 00°20'00" West along said
Westerly boundary of Lakewood Unit No.4 a distance of 486.19 feet to a corner of said
The Glades Country Club Apartments No. 10; Thence West 149.76 feet along the
boundary of said The Glades Country Club Apartments No. 10; Thence 541.44 feet along
a curve concave to the Southwest, having a cord bearing of North 24°53'22" West, cord
of 489.46 feet, central angle of 88°38'04"; Thence continue along the boundary of said
The Glades Country Club Apartments No. 10 North 02°15'22" East 40.26 feet to the
point of beginning.
MEMORANDUM
TO: Linda A. Houtzer, Deputy Clerk
Minutes & Records Department
FROM: ~," \. ¡smI A. Mott, Manager
~r_~~erty Acquisition & Sales
Real Estate Services
DATE:
July 31, 2005
RE:
Teryl Road Land Sale
Please find attached one (1) original recorded Statutory Deed for the above referenced
project.
The Board of County Commissioners of Collier County, Florida approved the
recordation of same on April 12, 2005, Item lOG.
Please contact me if you have any questions or comments at X8780.
Thank you.
Attachment as stated
cc: Tax Appraiser's Office w/attachment
Tax Collector's Office w/attachment
Inventory File w/attachment & Agreement
PROJECT: Teryl Road
FOLIO: 00389520007
STATUTORY DEED
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THIS DEED, made this ,5 day of , 2005, by the BOARD OF COUNTY~;;;; ~
COMMISSIONERS OF COLLIER COUNTY, FL.; RIDA, AS THE GOVERNING BODY O~ ~ ::
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIERS ~ ~
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COUNTY WATER-SEWER DISTRICT, whose mailing address is 3301 Tamiami Trail EastS ~;;¡
Naples, Florida 34112, (hereinafter called the Grantor), to THE GLADES COUNTRY ClU~ ~
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APTS. ASSOCIATION, INC., a non-profit Florida corporation, whose mailing address is 174 ~
Teryl Road, Naples, Florida 34112, (hereinafter called the Grantee). U>
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, successors or assigns.)
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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, does
hereby grant, bargain and sell unto the Grantee, the following described land lying and being in
Collier County, Florida:
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Commencing at the Northeast corner of Lot 6, Block H, The Glades Unit Two as recorded in Plat
Book 10, Page 88, Public Records of Collier County, Florida: thence South 00° 18' 50" East
25.28 feet along East boundary of said Plat to the West corner of #9 The Glades Country Club
Apts. Condominium also the Northwest corner of Parcel #1 within Fairway #6 of the Glades Golf
Course; thence North 89° 41' 13" East 1630.24 feet along the North boundary of The Glades
Country Club Apts. No. 9 as recorded in Official Record Book 703, Page 922, and The Glades
Country Club Apts. NO.1 0 as recorded in Official Record Book 790, Page 92, Public Records of
Collier County, Florida; also the Southerly boundary of Lakewood Unit NO.6 as recorded in Plat
Book 12, Page 73, Public Records of Collier County, Florida, to the point of beginning:
Thence continue along said line North 89° 41' 13" East 357.01 feet to the Westerly boundary of
Lakewood Unit NO.4 as recorded in Plat Book 12, Page 27, Public Records of Collier County,
Florida; Thence South 00° 20' 00" West along said Westerly boundary of Lakewood Unit NO.4 a
distance of 486.19 feet to a corner of said The Glades Country Club Apts. NO.1 0; Thence West
149.76 feet along boundary of said The Glades Country Club Apts. NO.1 0; Thence 541.44 feet
along a curve concave to the Southwest, having a cord bearing of North 24° 53' 22" West, cord
of 489.46 feet, central angle of 88° 38' 04"; Thence continue along boundary of said The Glades
Country Club Apts. No. 10 North 02° 15' 22" East 40.26 feet to the point of beginning.
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Subject to easements, restrictions, and reservations of record.
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IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in it~ ? ~
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name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said'" 6 :;:
Board, the day and year aforesaid.
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ATTEST:
DWIGHT E. BROCK, Clerk
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BOARD OF COUNTY COMMISBfÕNERS,·;¡i..
OF COLLIER COUNTY, FlQ~'ØA, AS TH~
GOVERNING BODY OF CQtlfER COUNTY
AND AS EX-OFFICIO THE GQVERNING >i
-Ef"'Il1on 01:: THE C("\I I 11::0 ;:....t"Il 1t"ITY--WTA' T·~R
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SEWER D~W ~
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BY: .' "., ...¿
FRED W. COYLE, Chairm "".
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Approved as to form and
leg a 'ßufficiency:
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lien T. Chadwell
Assistant County Attorney
THIS CONVEYANCE APPROVED BY THe
BOARD OF COUNTY~.
COlUeR COlJN'T't. FlORJOA.
PURSUANT TO THE ~
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