Second Addendum to As Is Contract #2
Neighborhood Stabilization Program
Property Address: 3420 24th Avenue NE, Naples, FL 34120
Folio No.: 40356240008
SECOND ADDENDUM TO "AS IS" CONTRACT FOR SALE AND PURCHASE
BETWEEN THE UNDERSIGNED PARTIES CONCERNING THE PROPERTY AT
3420 24TH AVENUE NE NAPLES. FL 34120
THIS ADDENDUM is entered into by and between DEUTSCHE BANK TRUST COMPANY AMERICAS, as
Indenture Trustee for Saxon Asset Securities Trust 2004-2, by Saxon Mortgage Services, Inc., its Attorney-in-Fact,
Seller, and COLLIER COUNTY, a Political Subdivision of the State of Florida, Buyer. Buyer and Seller have
entered into that certain "As Is" Contract for Sale and Purchase ("Contract"), and Counterproposal to Purchase and
Sale Agreement (hereinafter retitled "First Addendum to "As Is" Contract for Sale and Purchase") concerning the
property at 3420 24th Avenue NE, Naples, Florida 34120, both dated of even date herewith, and Buyer and Seller
wish to amend the foregoing with the following additional terms and conditions:
1. The Contract, the Counterproposal to Purchase and Sale Agreement (hereinafter retitled and referred to as
"First Addendum"), and this Second Addendum to "As Is" Contract for Sale and Purchase ("Second Addendum")
shall, collectively, constitute the "Agreement" between the parties, which Agreement shall only be effective upon
the execution of all three referenced documents by both parties. BUYER'S ACCEPTANCE OF THE CONTRACT,
-(HE FIRST ADDENDUM, AND THE SECOND ADDENDUM IS CONTINGENT UPON SELLER'S ACCEPTANCE
OF THE CONTRACT, THE FIRST ADDENDUM, AND THIS SECOND ADDENDUM. TIME IS OF THE ESSENCE,
AND THE TIME FOR ACCEPTANCE FOR THE "AGGREEMENT" SHALL BE WITHIN FIVE (5) BUSINESS DAYS
FOLLOWING SELLER'S RECEIPT OF THE ENTIRE "AGREEMENT".
2. The Counterproposal to Purchase and Sale Agreement is hereby retitled "First Addendum to "As Is" Contract for
Sale and Purchase, and all references to "Counterproposal" throughout the document are revised to read "First
Addendum".
3 The first paragraph of the First Addendum is revised to reflect that the First Addendum is dated of even date
herewith, and that the "Seller" is Deutsche Bank Trust Company Americas, As Indenture Trustee for Saxon Asset
Securities Trust 2004-2 by Saxon Mortgage Services, Inc., its Attorney-in-Fact.
4. The purchase price shall be $57,800.00.
5. The earnest money deposit shall be $3,000.00, and the Agreement is revised to reflect that the earnest money
deposit will be held by North American Title and will be paid within fifteen (15) days following Buyer's receipt of the
fully executed Agreement package.
6. The bolded provision in the PRICE section on Page 1 of the First Addendum that reads: "NOTWITHSTANDING
CUSTOMARY PRACTICES OR ANY PROVISION OF THE CONTRACT TO THE CONTRARY, UNLESS
OTHERWISE PROVIDED IN THIS COUNTERPROPOSAL OR REQUIRED BY APPLICABLE LAW, THE
EARNEST MONEY SHALL BE NON-REFUNDABLE" is deleted in its entirety.
1. The SELLER CONCESSIONS section on Page 1 of the First Addendum is not applicable and is deleted in its
entirety.
8. The Closing date shall be April 16, 2010.
9. Paragraph 1 of the First Addendum is revised to reflect that a Special Warranty Deed shall be the only
acceptable method of transfer and conveyance.
10. Paragraph 5 of the First Addendum is revised to include that Seller warrants the property is vacant.
11. Paragraph 7 of the First Addendum is revised to reflect that Code liens, if any, arising prior to Closing are the
responsibility of the Seller.
Neighborhood Stabilization Program
Property Address: 3420 24th Avenue NE. Naples, FL 34120
Folio No.: 40356240008
12. Paragraph 10 (A) is revised to reflect that the purchase price will be paid in the form of cash, and Paragraph 10
(B) of the First Addendum is not applicable and is deleted in its entirety, and any requirements for initials in
Paragraph 10 are waived.
13. Paragraph 12 of the First Addendum is revised to reflect that if the Buyer needs to extend the contract due to
its fault, the Seller may cancel the Agreement OR extend the Agreement without a per diem charge.
14. Paragraph 14 of the First Addendum is revised to reflect that Buyer shall be responsible for the date of Closing
for all purposes of proration.
15. Paragraph 15 of the First Addendum is not applicable and deleted in its entirety.
16 Paragraph 16 of the First Addendum is revised to reflect that Seller shall provide title insurance, and the
provisions of Paragraph 16 requiring that Seller's and Buyer's title insurance providers' information be provided s
deleted, and any requirement for initials are waived.
17. Paragraph 18 of the First Addendum is deleted in its entirety.
18. Paragraph 19 of the First Addendum is deleted in its entirety.
19 Any and all requirements for Buyer and Broker signatures to Paragraph 20 of the First Addendum are waived.
20. Paragraph 21 of the First Addendum is revised to reflect that neither Buyer nor Seller may assign or transfer the
Agreement without both parties approval, and if one party does not agree, then either party may cancel the
Agreement.
21. Paragraph 26 of the First Addendum is deleted in its entirety.
22. The Buyer and Seller signature blocks on page 8 of 10 of the First Addendum are deleted in their entirety and
are replaced by the notation "See Substitute Execution Page" and any or all requirements for signatures or initials
are waived. The Substitute Execution Page immediately following Page 8 of 10 shall be utilized for both Buyer's
and Seller's signatures to the First Addendum.
23 Buyer's acknowledgement in the Lead-Based Paint Disclosure Addendum is revised to reflect that Buyer
waives the Lead-Based paint inspection period, and any and all requirements for initials or signatures by Seller's or
Buyer's agents are waived.
24. The Buyer and Seller signature lines on Page 10 of 10 at the end of the Lead-Based Paint Disclosure
Addendum are deleted in their entirety and are replaced by the notation, "See Substitute Execution Page", and any
requirements for initials are waived. The Substitute Execution Page immediately following Page 10 of 10 shall be
utilized for both Buyer's and Seller's signatures to the Lead-Based Paint Disclosure Addendum.
25. Any and all requirements for Buyer's and Seller's initials on Pages 1 of 10 through 10 of 10 of the First
Addendum are waived in their entirety.
26. All revisions to the First Addendum made in this Second Addendum shall govern, and the First Addendum is
revised accordingly.
(Remainder of page intentionally left blank)
Neighborhood Stabilization Program
Property Address: 3420 24th Avenue NE, Naples, FL 34120
Folio No.: 40356240008
EXCEPT as expressly provided herein, the Agreement between the Buyer and Seller 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 Buyer and Seller have hereto executed this First Addendum, as of the dates
hereinafter stated.
Date property acquisition approved by BCC:
October 27, 2009, Item 16(D)8
DATED: r::L/ ~ / d-O /0
BUYER:
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BOARD OF COUNTY COMMISSIONERS
COLLIER ~TY FLORID~
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BY: .
FRED W. COYLE, CHAIRMAN
SELLER:
Deutsche Bank Trust Company Americas, as
Indenture Trustee for Saxon Asset Securities
Trust 2004-2 by Saxon Mortgage Services, Inc.,
its Attorney-in-Fact
BY:
PRINT NAME:
Its Assistant Vice-President
Approved as to form
and legal sufficiency:
Je~~~~
AS$lslant County Attorney
MEMORANDUM
Date:
February 25,2010
To:
Gary Bigelow, Property Acquisition Specialist
Facilities Management Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
NSP Program Contract
Property Address: 3420 24th Ave NE, Naples
Folio #40356240008
Attached is the original contract, further initialed by the Chair and referenced above
(Item #16D8) approved by the Board of County Commissioners October 27, 2009.
The Minutes and Records Department will hold a copy of the contract in the
Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment (1)