Marlene Santilli
SALES AGREEMENT II (Pm 10)
REAL ESTATE SALES AGREEMENT
THIS AGREEMENT made and entered into this '2.o-th day of Wobar , 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:
!. PREMISES
The real property which is the subject of this Agreement, (hereinafter referred to as "Premises") is legally
descri bed 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
qccordingly.
, 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. A vatar 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. .dnd, nature, or type whatsoever fro, ;[ 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 ldnd 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 ldnd 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 ,)f 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 anyone 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: 1D.2.0.. O~
ATTEST: " , ' [ ~ 4 '/) .
DWIGHT,S: BROCK, Olerk
, ,-'h .~' ..'
~. ~: ~;~~.".'."..'~'. !>~
"'''f'~< . I
. . . '~: t..;,,;/:;, i ;'l).Jep'\lty Clerk
, 'J _.'
. Attest, astt<CM1"" s
s.gn.tlre: 01\ 1,J iI!'',,'" "
Approved as to regrij . I
1a:ft:&fd~
Ellen T. Chadwell
Assistant County Attorney
.
BY:
TOM HENNING,
3
AS TO BUYER:
DATE:
~~
" d-- ~
Witness (sIgnature.lJ
~ 1\1\~ { O\M~~
(print n~me) ~
,? (j'
Witnesp-fsigl}alure)
:r. Y~UAJ~
(print name)
MARLENE SANTILLI
ST ATE OF elt-
COUNTY OF /r(aMA;b
, ~~
( ,I' . The foregoing Real Estate Sales Agreement was acknowledged before me this ~ day of
;;ei>f~~ , 2003, b~ M~~L~NE SANTILLI, who ispt'f'lQRally lu,u ^ H tv 111G@who has produced
(t>t/'B2rq ft71(J 12. as IdentifIcatIOn.
.lIl1l11l1mllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll.
~ ' ~~,., BABUL K. SHETH ~
;: ~.; ":\\ COMM, # 1359704 :;
lQ ~ NOTARY PU8L1C - CALIFORNIA VI
~ \ . SAN M;\TEO COUNTY g
g 'Z;~fi.i# My Gomm Exp, June 27, 2006 ~
illllllllllllllllllllllllllllllllllllllllllllaJlIlIlIlIlIIlIlIlIlIIlIlIlIllIIlIIlIlIlIlIlII.
Da-~,J ~ s;,~~
Sig..nature of Notary Public
'r, M..... L- >!{ t::fH
Print Name \,"6 t; 4ft...f
Commission Number - ~ r:-::i
My Commission Expires: 0 j?1/.3OVL.
(affix notarial seal)
4
DEPOSIT RECEIPT
I,
un ersigned, do hereby acknowledge receipt of a total of ~ \ C\ ~,~,
I ,2003.
~
, on this --1B.= day of
(Initial Deposit $_\ ()C) / Appraisal $ \ 5{:; / Additional Deposit $ \ tr ~Z_/ Processing Fee $50.00)
~~r{\(yi
5
Prepared by:
Ellefl T. Chadwell, Esquire
Office of the County Attorney
3301 East Twaiami Trail
Naples, Florida 34112
(~l) 774-8400
*** 3295321 OR: 3443 PG: 1457 **
RBCORDBD in OPPICIAL RECORDS of COLLIBR COUNfY, PL
11/14/2003 at 11:09AN DWIGHf B. BROCK, CLBRK
CONS 17820.00
RBC PBB 6.00
DOC-.70 125.30
COPIBS 1.00
MISC 1.00
Retn:
RBAL PROPBRn
EXf 8780 TONI
INfER OPFICB
STATUTORY DEED
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 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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
THIS CONVEYANCe APPROVID ev THE
BOARD OF COUNTY COMMISSt()NI!RS.
COLlIER COUNTY. FLORIDA,
PUR8UANTTO THE ~ '
a: RE8OLUT10N NO. ~ CO =<, . rJq-
2-\ \-O.::~
\(DE 4
SALES AGREEMENT II (Pa 12)
REAL EST A TE SALES AGREEMENT
THIS AGREEMENT made and entered into this .2DJk.day of ~, 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
descri bed 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 Jr 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
~xercise of any other remedy.
10. EXPENSES
Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S
~ttorneys' 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 ldnd 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 ldnd 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.
;2. 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 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 anyone 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: lO~20-03
...,,-,
ATTEST;'~')' [~~r,'D '
DWIGH~;E. ,llg9t~;{tJ;e.rk
. D. ,", ,,11-. _, ..', ~ . 1i.1-
~4 /1~m1:Mi!'$j ~-: l)~
~ ~ ~" t --.. ,\ ,. ,
'. ::-1, _' ~. eJ;>uty Clerk
/' \. ,.' .
=: II .tirthc.-t..n' ~
" ,f",'" ./ ,
.fgn .,~~lJ..i '.
Approvect,anolegal,J C"~ '\
~~nd sufficiency
.~ 1Jf!t.~
lien T. Chadwell
Assistant County Attorney
BOARD~F CO TY C
COLLIER CO TY, F
BY:
TOM HENNING, Chairman
2~/I- D~
3
AS TO BUYER:
DATE:
'~,~iJj~
MARLENE SANTILLI
STATE OF cA-
COUNTY OF ~
~~he foregoing Real Estate Sales Agreement was acknowledged before me ~is c;rd day of
. __~ , 2003, by MARLENE SANTILLI, who ig p€lr~olldlly kuuwil te-m.e~ .;rho has produced
lbv _ q9 ,(P,,}... as identification.
III1I1UlIIlIIlIIllIlIIlIIlIlIlIlIlIlIlIIlIlIIllIlIlIlIIlIIlIIlIIlIlIllIlIlIlIIlIlIlIlIlIIlI.
~ 6"'%" BABUL K. SHETH ~
;= G~;'" ~. COMM # 1359704 i
~, . ~ NOTARY PUBLIC - CAUFORNIA Iii
I. f' SAN MATm COUNn- 5
I ' / My Comm, Exp, June 27. 2006 I
1I1I1I1I1I1II1lI1I1I1II1I1I1I1I1I1I1I1I1I11I1I1I1:iIllIlIlIlIlIlIiIlIIllIlUIIIIIIIIIIII1II1I.
~~,--Q V _ 5~u:>t-~ ,-
S)ftnatu, re of NQtary Public
-pAf\ u L-- S:}\ b"f1-1
Print Name '~ -C, OJ
Commission Number '.,!7 11 . I
My Commission Expires: b/)1 /)C'V'-'
(affix notarial seal)
4
'Tf!f,lired b,y:
Ellen T. Chadwell. Esquire
Office af the Count.J AttorM,)'
3301 East TlIII1am1 Trail
~apl!s. Florida 34112
A1) 774-8400
*** 3295319 OR: 3443 PG: 1455 *~
RBCORDBD in OFFICIAL RBCORDS of COLLIER COUNfY FL
11/14/2003 at 11:09AM DWIGH1 B. BROCK, CLBRK '
CONS 13950.00
RBC FBB 6.00
DOC-.70 98.00
COPIBS 1.00
MISC 1.00
Retn:
RBAL PROPBR1Y
BIT 8780 10NI
INTBR OFFICB
STATUTORY DEED
THIS DEED, made this 2D.lhdayof 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 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:
DWIGHT E. ~,,~JqC~.(9~erk
..."< '('.
'10. J _'
By: ~.~-~'" ':, (
~,,~
'-:' ~ ~':;"-'
~: J -' -'(
Attelt as,~ ,_' S
Sign.~ :I .~'l-'-
" <, f ,(.~
" . (1", . ,.} ;j
. fi .J~." .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: :k
TOM HENNING, CHAIRMAN
THtS CONVeYANce APP~ f!1( THE
BOARD OF COUNTY COMM~
COlLIeR COUNTY. FL~
PURSUANT TO THE ~
OF ReSOlUTION NO.. - 2.11-
2 -, \ -() 3
IGt~
SALES AGREEMENT II (PaL 55)
REAL ESTATE SALES AGREEMENT
THIS AGREEMENT made and entered into this 3(0 day of N{)V&Y\~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:
I. 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 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 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. A vatar 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 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 ldnd, 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 ldnd 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, undertaldngs, promises, warranties or covenants not contained
herein.
2
""~-"--"'-~~~--'"'-"-'-__lOI.
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 anyone 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 SELL~' ;:~' ',ri.,'.'.' I ,
DATE: " r:-3.-t), "',~, ""
~.., I
. "- . I
. I
ATTEST:' , ,,' .'
DWIGHT:.E. BROCK, Clerk : ~.~
' ~ -. . i.... \ .
j .' (0::
, - ,
BOARD OF COUNTY COMMISSIONERS
COLLIER C NTY, RillA
. Clerk
Approved as to legal
~SUV~~~
....... Ellen T. Chadwell
Assistant County Attorney
3
AS TO BUYER:
DATE:
~~~
MARLENE SANTILLI
, J--- 0-
Witness (signature), ~
-'3,' ^E:\ CI/()t(\ 1--
(print ~:!, ~ -)
Witne~signature) ,
'/ ~fl'Jj yeuflj
(print name)
STATE OF ~
COUNTY OF _
~1,-J
The foregoing Real Estate Sales Agreement was acknowledged before me this -==-- day of
, , 2003, by MARLENE SANTILLI, who is pOFB8nall) kno'.,> I. te-me or who has produced
D q ','"'7 11-- as identification.
1I1111l1l1111111l1ll!l1ll11l1ll1l1ll1ll1ll1ll1ll1ll11ll11ll1ll1l1l1l1l1l1l1l1l1ll1ll1l1lm,!
~ /.j:ff.fd..,';t., BABUL K SHETH I
5 t;{f.'; "'" COMM if 13597Q4
~ r : NOTARY PU8L1C . CALIFORNIA ~
~ \ . SAN MATEO COUNTY I
5 . My Comrn l:>:p June 27, 2006
illllllllllllllllllllllllllllllllllllllllllll~IIU1III1I1I1IIII1IIII1II1I1I1I1I11I1lIllIlIl.
1~ct.W k'-,~ ., yt~ ,-
Si,&nature of Notary Public
1:2 N3 u L- S'!'{ t::t11
Print Name J. /, b
Commission Number (; )-1{ ~
My Commission Expires: r J':3 r;q '10. L{,
(affix notarial seal)
4
.,- .,-'--- <.~>.'_"__' ~'_'__'._.""~'_"_"M',""",,,,",""""""""_~~~'_~""_'_"'".....~'" _~_"'""."",~.,...____~~~_.._.,. ,.
DEPOSIT RECEIPT
I, t')ll ~S;gned, do hereby acknowledge receipt ot a total of Jll.lGv
~ y , - ,2003.
it
, on this -iw.= day of
(Initial Deposit $_ll"C) / Appraisal $--1 ~C)/ Additional Deposit $-1 5-1> / Processing Fee $50.00)
~~~V\;\Dt{
5
--"-"-'-""~---"'-"--'~'~'-'~-__M"""''''''''__ .. ..
Prepare<! by:
Ellen T. Cha~ll. Esquire
Office of the Count.1 Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(941) 774-8400
*** 3295323 OR: 3443 PG: 1459 **:
RBCORDBD in OFFICIAL RECORDS of COLLIBR COURTY FL
11/14/2003 at 11:09AM DWIGHT B. BROCK, CLBRK '
CORS 13500.00
RBC PBB 6.00
DOC-.70 94.50
COPIBS 1.00
MISC 1.00
Retn:
RBAL PROPBR'fY
BIT 8780 TORI
IHTBR OFFICB
STATUTORY DEED
THIS DEED, made this Jvd day of tJDVdY\be.~ 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, ($10.00) to it in
hand paid by the Grantee, receipt whereof is hereby acknowledged, has granted, bargained and sold to
the Grantee, his heirs and assigns forever, the following described land lying and being in Collier County,
Florida:
The North 75 feet of the South 180 feet of Tract 130, Golden Gate Estates, Unit 49,
according to the plat thereof as recorded in Plat Book 5, Pages 80 and 81, of the Public
Records of Collier County, Florida.
Subject to easements, restrictions, and reservations of record.
IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its
name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board,
the day and year,afoJ,esaid.
'I,
_ ;, ~ r, .,", ~ \
..\..,,,.,,n' ., l,i/"" "
,
,"'-
By:
TOM HENNING, CHAIRMAN
A TTE$.1: .
DWfGHT f;., BROCK, yl:tJ~ c,
~~ed .s t f~legal sufficienn
~ /l ~
.../ Ass i stant County Attorney
tl1en T. Chadwell
THIS CONVEYANCe AroJ=llJ1c;1Vl;ii;v 3Y rHk.
BOARD OF COUNTY COMMJ88tONER8.
COLLER COUNTY. P\.ORIDA,
PURSUANT TO THE PRQVYSt9N&..
OF RESOLUTlON NO. t){Y)"~ - I 14-
?-t \-CI3
l ~L>L{