The URL can be used to link to this page

Backup Documents 06/28/2011 Item #16D 9ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D Ij( TO ACCOMPANY ALI, ORIGINAL DOCUMENTS SENT TO 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prim on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional si,;natures, dates, and /or information needed. 11 the document is already complete with the ,.Pn,. Ch.; --'. o lin, n—rm. n., ,, in liar, ii l dvoimh #d r mnleo- Ihe. "heek I k I and R,rwnrd to Sue Filson (line #5) _ Route to Addressee(s) (List in touting order) Office Initials Date 1.Frank Ramsey HIIVS (Initial) 6/28/2011 2. Jennifer B. White CAO V3 &�� I� 3. Chairman Fred W. Coyle Board of County Commissioners 4. Administrative Plan and Resolution Number of Original 2 5. Ian Mitchell, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION ( fire primary contact is the holder of the original document pending BCC approval, Normally the primary contact is the person who created /prepared theexecutive summary . Primary contact information is needed in the event one of uddres,ees above, including Sue Filson, need to contact stall for additional or missing information. All original documents needing the BCC Chaiuntm s signature arc to be delivered '.o the 13CC. otlice only after me 13CC has acted to approve the �tr,n I Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applicable) Agenda Date Item was 6/28/2011 Agenda Item Number 16D9 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed `type of Document Administrative Plan and Resolution Number of Original 2 Attached �2G t ( ` 1 1e, Documents Attached INSTRUCTIONS & CHECKLIST I Forms/ County Forms/ 13CC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1 26 05, Revised 2.24 05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the — document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's uired. signature and 'initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Site Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain _ time frame or the BCC's actions are nullified. Be awate of our deadlines! 6. The document was approved by the BCC on 06/28/2011 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I Forms/ County Forms/ 13CC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1 26 05, Revised 2.24 05 1609 MEMORANDUM Date: July 1, 2011 To: Crystal Kinzel, Director Clerk's Finance From Teresa L. Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2011 -110 and NSP Administrative Plan Enclosed, please find one (1) copy as referenced above, approved by the Board of County Commissioners on Tuesday, June 28, 2011 (Agenda Item #16D9) If you should have any questions, please call me at 252 -8411. Thank you. MEMORANDUM Date: July 1, 2011 To: Frank Ramsey, Housing Manager Housing & Human Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2011 -110 and NSP Administrative Plan Enclosed please find one (1) copy of the document and Resolution, referenced above (Agenda Item #16D9), which were approved by the Board of County Commissioners on Tuesday, June 28, 2011. The Minutes & Records Department has retained the original documents to be kept in the Board's Official Records. If you should have any questions, please contact me at 252 -8411. Thank you RESOLUTION NO. 2011 - 11 0 1609 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REPEAL AND REPLACE RESOLUTION 2009 -81, APPROVING AND AUTHORIZING THE ACTIVITIES AS OUTLINED IN THE COLLIER COUNTY NEIGHBORHOOD STABILIZATION PROGRAM SUBSTANTIAL AMENDMENTS IN ACCORDANCE WITH THE PROVISIONS OF THE HOUSING AND ECONOMIC RECOVERY ACT OF 2008, AS AMENDED, AND THE WALL STREET REFORM AND CONSUMER PROTECTION ACT OF 2010, ADMINISTERED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; DELEGATING AUTHORITY TO CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE DOCUMENTS INCIDENT TO THE ACQUISITION OF FORECLOSED OR ABANDONED PROPERTIES ON BEHALF OF THE BOARD; AND AUTHORIZING STAFF TO PROCEED WITH ACTIVITIES REQUIRED TO EXPEDITE SAID PROPERTY ACQUISITION AND REHABILITATION. WHEREAS, on March 24, 2009, the Board of County Commissioners approved and accepted a grant from the U.S. Department of Housing and Urban Development (HUD), and also approved the Administrative Plan developed by the Department of Housing, Human and Veteran Services for administration of the grant under the terms and conditions of the Neighborhood Stabilization Program as authorized by Title III of the Housing and Economic Recovery Act of 2008, as amended; and WHEREAS, on October 27, 2009, the Board of County Commissioners approved an amended Administrative Plan in response to substantive revisions to the rules and regulations of the Neighborhood Stabilization Program; and WHEREAS, on April 12, 2011, the Board of County Commissioners approved and accepted an additional appropriation of Neighborhood Stabilization Page 1 of 5 1609 Program funding from HUD through the Wall Street Reform and Consumer Protection Act of 2010; and WHEREAS, provisions of the additional appropriation require that 50 percent of grant funds be spent for initial acquisitions of foreclosed or abandoned residential properties within two (2) years and 100 percent spent within three (3) years; and WHEREAS, provisions of the Neighborhood Stabilization Program provide that funds realized from the subsequent disposition of properties and classified as program income may be further utilized for eligible activities as described by the Neighborhood Stabilization Program and HUD until such funds are exhausted; and WHEREAS, the expeditious acquisition of property is of paramount importance to the timely administration and successful implementation of the Neighborhood Stabilization Program for the benefit of Collier County; and WHEREAS, accomplishing the property acquisition and rehabilitation within the HUD imposed timeframes, and ensuring that the maximum possible number of properties are acquired and rehabilitated within those timeframes, requires a properly coordinated team effort between the Department of Housing, Human and Veteran Services, the Real Property Management Section of the Facilities Management Department, the Office of the County Attorney, and the Board of County Commissioners, and certain processes require streamlining and abbreviation wherever possible; and Page 2 of 5 16p g WHEREAS, Resolution No. 2009 -81 is hereby repealed and replaced with this Resolution to implement changes made to the Neighborhood Stabilization Program by HUD. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the acquisition and rehabilitation of foreclosed or abandoned residential properties under the provisions of the Neighborhood Stabilization Program is necessary for a public purpose and is in the best interest of Collier County, and the Board recognizes the importance of the successful and timely implementation of the Program. AND BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County, Florida, recognizes the importance of the property acquisition and rehabilitation function and its relationship to the overall project schedule; and the Board desires to facilitate and expedite the property acquisition and rehabilitation process to the extent that it is empowered to do so by law. AND BE IT FURTHER RESOLVED that the following measures are reasonably necessary for the timely, efficient, and expeditious implementation and completion of the Collier County Neighborhood Stabilization Program: 1. The County Manager or his designees are hereby authorized and directed to identify, evaluate, appraise, and perform all due diligence procedures necessary for the acquisition and rehabilitation of residential properties, all in accordance with the provisions of the Neighborhood Stabilization Program and HUD requirements. Page 3 of 5 E 2. The Chairman of the Board of County Commissioners is hereby authorized to execute Agreements for Sale and Purchase for the acquisition of foreclosed or abandoned residential properties at purchase prices in accordance with the Collier County Neighborhood Stabilization Plan Administrative Plan, based upon appraised values discounted at least one (1) percent, and as approved by the County Attorney's Office for the life of the project. 3. Upon approval of the County Attorney's Office of all documents necessary for property acquisition, the County Manager or his designees are hereby authorized and directed to proceed to acquire foreclosed or abandoned residential properties, to follow all appropriate closing procedures, and to record all necessary documents in the Public Records of Collier County, Florida. The County Manager or his designee is further authorized to prepare requests for payment and request the Clerk of the Circuit Court to prepare related Warrants for payment of purchase prices and other related acquisition costs; and the Board of County Commissioners hereby authorizes its Chairman to execute any and all agreements and other legal instruments pertinent to such property acquisition, which have been reviewed and approved by the County Attorney's Office. 4. The total acquisition cost per residential unit shall not exceed One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) without the express permission of the Board of County Commissioners, and the total rehabilitation cost per unit shall not exceed Fifty Thousand and 00/100 Dollars ($50,000.00) without the express permission of the Board of County Commissioners. Page 4 of 5 16D9 5. All title to residential properties which have been acquired in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida. 6. The Department of Housing, Human and Veteran Services shall provide the Board of County Commissioners reports in conformance with Collier County Ordinance No. 2009 -63 of all foreclosed or abandoned residential properties when such properties are being considered for final disposition. THIS RESOLUTION ADOPTED this 281" day of June, 2011 after motion, second and majority vote. ATTEST: D GHT E. BROCK, CLERK 4�Ice A rlst as to C4 ty4Clerk 0144ture Oki 0 Approved as to form and legal sufficiency: Jenn White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: w. Fred W. Coyle, Chairman I,sm# nv v_I A ei ,`a b -z t., i I Case !late c' i ! ! rde � _' _.1._L_ Uepu()r (!e(4 Page 5 of 5 1609 COLLIER COUNTY Neighborhood Stabilization Progra Administrative Plan] The Administrative Plan is a guide to operating the Collier County Neighborhood Stabilization Program. The program was established under Title III of Division B of the Housing and Economic Recovery Act of 2008 (HERA), as amended, with an additional appropriation made through the Wall Street Reform and Consumer Protection Act of 2010 (Dodd -Frank Act). Collier County was allocated a total of $11,190,920 through the aforementioned Acts. Department of Housing It ,, an .rd Vetv,an ScrvI, e> 6/2R/2M 1 NS11 1 mint Number 8 -08 IAN- 12-0001 NSP3 Grant Number B-1'-ON 12 0003 16D 9-, Page 12 Table of Contents INTRODUCTION.............................................................................................................. ............................... 3 DEFINITIONS................................................................................................................... ............................... 3 Abandoned................................................................................................................. ............................... 3 BlightedStructure ....................................................................................................... ..............................4 Current Market Appraised Value ................................................................................ ..............................4 Dateof Notice of Foreclosure ..................................................................................... ..............................4 Foreclosed................................................................................................................... ..............................4 LandBank .................................................................................................................... ..............................4 Subrecipient............................................................................................................... ............................... 5 Use (for the purposes of HERA section 2301( c)( 1)) .................................................... ..............................5 Vicinity........................................................................................................................ ............................... 5 ACTIVITIES...................................................................................................................... ............................... 5 ACQUISITION.............................................................................................................. ............................... 5 Objective................................................................................................................ ............................... 5 Policies................................................................................................................... ............................... 5 IdentifyingProperties ............................................................................................. ..............................5 REHABILITATION......................................................................................................... ..............................6 Objective................................................................................................................ ............................... 6 Policies................................................................................................................... ............................... 6 HOMEOWNERSHIP...................................................................................................... ..............................7 Objective................................................................................................................ ............................... 7 Policies.................................................................................................................... ..............................7 DEMOLITION.............................................................................................................. ............................... 7 Objective................................................................................................................ ............................... 7 Policies.................................................................................................................... ..............................7 LANDBANK ................................................................................................................. ..............................8 Objective................................................................................................................ ............................... 8 Policies.................................................................................................................... ..............................8 DISPOSITION............................................................................................................... ..............................8 Objective................................................................................................................ ............................... 8 Policies................................................................................................................... ............................... 8 PROCEDURES............... .......... ...... ..... ....... ..... ......... ...... ......... .. ..... ........ ....... .... ..... .... ......... .....I....................... 9 General....................................................................................................................... ............................... 9 Purchases and Changes to Purchases ......................................................................... ..............................9 Acquisition................................................................................................................. .............................10 Rehabilitation............................................................................................................. .............................10 Homeownership......................................................................................................... .............................11 Demolition................................................................................................................. .............................11 LandBank ................................................................................................................... .............................12 Disposition................................................................................................................. .............................12 Miscellaneous............................................................................................................ .............................13 PROGRAMINCOME ........................................................................................................ .............................13 APPROVAL...................................................................................................................... .............................14 16D9 Pa, =c 13 INTRODUCTION Title III of Division B of the Housing and Economic Recovery Act of 2008(HERA), as amended, appropriated $3.92 billion for the redevelopment of abandoned and foreclosed homes and residential properties. The grant program established is commonly referred to as the Neighborhood Stabilization Program (NSP). Subsequently, the Wall Street Reform and Consumer Protection Act of 2010 (Dodd - Frank Act) appropriated an additional $1 billion to the program. NSP1 refers to the $7,306,755 appropriated to Collier County by HERA, while NSP3 refers to the $3,884,165 appropriated by the Dodd - Frank Act; Collier County's total NSP appropriation was $11,190,920. There are five (5) eligible uses for NSP1 and NSP3 (collectively NSP)'. They are as follows: 1. Eligible Use A a. Establish financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties. 2. Eligible Use B a. Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties. 3. Eligible Use C a. Establish and operate land banks for homes and residential properties that have been foreclosed upon. 4. Eligible Use D a. Demolish blighted structures. 5. Eligible Use E a. Redevelop demolished or vacant properties as housing. Collier County will focus efforts in areas approved by the US Department of Housing and Urban Development (HUD). They include Golden Gate Estates, East Naples, Golden Gate City, and Naples Park'. If any information, policy, or procedure contained herein conflicts with the NSP, the NSP shall take precedence. DEFINITIONS Certain terms used with the NSP are not used in the regular Community Development Block Grant (CDBG) program, or the terms are used differently. In the interest of clarity of administration, HUD has defined' these terms to assist grantees in operating the NSP. Abandoned A home or residential property is abandoned if either a) mortgage, tribal leasehold, or tax payments are at least 90 days delinquent, or b) a code enforcement inspection has determined that the property is not ' Federal Register Docket Nos. FR- 5255 -N -01; FR- 5447 -N -03. ' The areas are limited to specific census tracts and /or other boundaries within the general areas listed; not all homes within the target areas are eligible. Specific location information is available in the NSP1 and NSP3 Action Plans. 3 Federal Register Docket No. FR- 5447 -N -01. 16D Page 14 habitable and the owner has taken no corrective actions within 90 days of notification of the deficiencies, or c) the property is subject to court- ordered receivership or nuisance abatement related to abandonment pursuant to state or local law or otherwise meets a state definition of an abandoned home or residential property. Blighted Structure A structure is blighted when it exhibits objectively determinable signs of deterioration sufficient to constitute a threat to human health, safety, and public welfare. Furthermore, the grantee shall further define the definition of a blighted structure and include such definition in their NSP substantial amendment. Current Market Appraised Value The current market appraised value means the value of a foreclosed upon home or residential property that is established through and appraisal made in conformity with either: 1) the appraisal requirements of the URA at 49 CFR 24.103, or 2) the Uniform Standards of Professional Appraisal Practice (USPAP), or 3) the appraisal requirements of the Federal Housing Administration (FHA) or a government sponsored enterprise (GSE); and the appraisal must be completed or updated within 60 days of a final offer made for the property. Bate of Notice of Foreclosu (- The date of notice of foreclosure shall be deemed to be that date on which complete title to a property is transferred to a successor entity or person as a result of an order of a court or pursuant to provisions in a mortgage, deed of trust, or security deed. If none of these events occur in the acquisition of a foreclosed property (e.g. in a short sale), in order to ensure fair and equitable treatment of a bona fide tenant(s) and consistency with the NSP definition of foreclosed, the date of notice of foreclosure shall be deemed to be the date on which the property is acquired for the NSP- assisted project. NOTE: This definition does not affect or otherwise alter the definition of "foreclosed ". Foreclosed A home or residential property has been foreclosed upon if any of the following conditions apply: a) the property's current delinquency status is at least 60 days delinquent under the Mortgage Bankers of America delinquency calculation and the owner has been notified; b) the property owner is 90 days or more delinquent on tax payment; c) under state, local, or tribal law, foreclosure proceedings have been initiated or completed; or d) foreclosure proceedings have been completed and title has transferred to an intermediary aggregator or servicer that is not an NSP grantee, contractor, subrecipient, developer, or end user. Land Bank A land bank is a governmental or nongovernmental nonprofit entity established, at least in part, to assemble, temporarily manage, and dispose of vacant land for the purpose of stabilizing neighborhoods and encouraging re -use or redevelopment of urban property. For purposes of NSP, a land bank will operate in a specific, defined geographic area. It will purchase properties that have been foreclosed upon and maintain, assemble, facilitate redevelopment of, market, and dispose of the land- banked properties. If the land bank is a governmental entity, it may also maintain foreclosed property that it does not own, provided it charges the owner of the property the full cost of the services or places a lien on the property for the full cost of the service. 16D9 Page 15 Subrecipient Subrecipient shall have the same meaning as at the first sentence of 24 CFR 570.500(C). This includes any nonprofit organization (including a unit of general local government) that a state awards funds to. Use (for the purposes of HERA Section 2301 (c)(1 -)) Funds are used when they are obligated by a state, unit of general local government, or any Subrecipient thereof, for a specific NSP activity; for example, for acquisition of a specific property. Funds are obligated for an activity when orders are placed, contracts are awarded, services are received, and similar transactions have occurred that require payment by the state, unit of general local government, or Subrecipient during the same or a future period. Note that funds are not obligated for an activity when subawards (e.g. grants to subrecipients or to units of local government) are made. Vicinity For the purposes of NSP3, HUD defines "vicinity" as each neighborhood identified by the NSP3 grantee as being the areas of greatest need. ACTIVITIES ACQUISITION' Objective Provide permanent residential structures for persons or households whose income is at or below 120 percent of area median income. Policies 1. A current market appraisal will establish the value of properties that will be acquired. 2. The purchase price of all properties acquired shall be discounted at least one (1) percent from the current market appraisal value. 3. Acquisitions shall be made pursuant to a written Agreement for Sale and Purchase. 4. All residential property types are eligible for acquisitions. Examples include, but are not limited to, single - family units, multi - family units, and condominium units. identifying Properties Collier County will acquire properties in target areas approved by HUD. The approved areas are Golden Gate Estates, East Naples, Golden Gate City, and Naples Park, as further geographically defined and approved by HUD. Specifically, HUD has imposed the following geographic restrictions on the aforementioned areas5: 1. Golden Gate Estates a. Census tracts 24 CFR 570.201(a) Acquisition; (b) Disposition; (i) Relocation; (n) Direct homeownership assistance; 24 CFR 570.202. Under NSP1, HUD permitted Collier County to define target areas by census tract. Under NSP3, HUD provided a "mapping tool" to define target areas. The NSP3 mapping tool assigned a "Neighborhood ID ", "latitude and longitude of corner points ", and "blocks comprising target neighborhood ". This information in contained in the applicable action plan and is available on colliergov.net /housing. 16D9 Page 16 i. 0104.14;0104.13;0104.12;0112.02 2. East Naples a. Census tracts i. 0105.04; 0106.02; 0106.01; 0106.04; 0106.03; 0105.02; 0108.01; 0107.02; 0108.02; 0108.03; 0111.01 b. Neighborhood ID: 3981140 3. Golden Gate City a. Census tracts i. 0104.06; 0104.08; 0105.03; 0104.11; 0104.09; 0104.10; 0104.07 b. Neighborhood ID: 1108764 4. Naples Park a. Neighborhood ID: 1827545 When evaluating properties for acquisition, Collier County may seek to acquire properties that possess the following characteristics: a) require minimum structural rehabilitation, b) ability to convert to energy efficient housing, c) located in close proximity to centers of employment, d) located in close proximity to public transportation, and e) located in close proximity to other NSP- assisted properties. As NSP administrator, Housing, Human and Veteran Services, or any partner thereof, will acquire properties from banks, lenders, intermediary aggregators or servicers, or other entity that has a legal right to execute documents relating to the acquisition of properties identified by Collier County for participation in the NSP. All proposed acquisitions must be approved by the Director of Housing, Human and Veteran Services, or his /her designee, prior to executing a purchase contract. 12EHABILITA,riON,, Objective Improve residential structures to benefit persons or households whose income is at or below 120 percent area median income. Policies 1. Work performed must conform to the current Florida Building Code (FBC) and Environmental Health and Safety requirements. 2. Completed projects must meet or exceed the HUD Section 8 Minimum Housing Quality Standards. 3. A Collier County Rehabilitation Specialist will prepare a written bid specification or work plan for each property, itemizing the work required. 4. Gut rehabilitation? and new construction projects will seek to meet the following standards: a. Residential buildings up to three (3) stories to be designated to meet the standard for Energy Star Qualified New Homes; b. Mid- or high -rise multifamily housing to be designed to meet American Society of Heating, Refrigeration, Air - Conditioning Engineers (ASHRAE) Standard 90.1 -2004, Appendix G plus 20 percent (which is the Energy Star standard for multifamily buildings piloted by the Environmental Protection Agency and the Department of Energy); 6 24 CFR 570.201(b) Disposition; (d) Clearance and remediation activities; 24 CFR 570.202. "Gut rehabilitation" is defined as the general replacement of the interior of a building that may or may not include changes to structural elements such as flooring systems, columns, or load- bearing interior or exterior walls. 1609 Paae 17 5. All rehabilitation projects will seek to meet the following standards: a. Older obsolete products and appliances (such as windows, doors, lighting, hot water heaters, furnaces, boilers, air conditioning units, refrigerators, clothes washers and dishwashers) to be replaced with Energy Star -46 labeled products; b. Water efficient toilets, showers, and faucets, such as those with the WaterSense label to be installed; c. Housing improved to mitigate the impact of disasters (e.g. hurricane, flooding, and fire). 6. Rehabilitated homes are subject to the minimum affordability provisions of the federal HOME Investment Partnership Program'. H0ME0WNERSHIP" Objective Provide permanent housing to benefit persons or households whose income is at or below 120 percent area median income. Policies 1. Purchasers' household income, adjusted for family size, may not exceed 120 percent area median income. 2. Applicants must be pre - qualified by Housing, Human and Veteran Services prior to executing a contract for sale and purchase. 3. The head of household must be a U.S. citizen or permanent resident alien. 4. Applicants must receive and complete eight (8) hours of homebuyer counseling from a HUD - approved housing counseling agency. 5. Homes or residential properties sold to income - qualified persons or families must be used as the principal residence. 6. Purchasers will receive subsidy in the form of a Purchase Money Second Mortgage and Promissory Note to increase the affordability of homes or residential properties assisted through the NSP. 7. Homes or residential properties are subject to the minimum affordability provisions of the federal HOME Investment Partnership Program10. DEMOLITION" Objective Reduce blight through clearance, demolition, and removal of unsafe homes and residential structures. Policies 1. Demolition costs may not exceed ten (10) percent of Collier County's NSP allocation12, unless the Secretary of HUD determines that such use represents an appropriate response to local market conditions. ' 24 CFR 92.252(a), (c), (e), and (f), and 92.254. 9 24 CFR 570.201(a) Acquisition; (b) Disposition; (i) Relocation; (n) Direct homeownership assistance; 24 CFR 570.202, 10 24 CFR 92.252(a), (c), (e), and (f), and 92.254. 11 24 CFR 570.201(d) Clearance for blighted structures. 12 HERA sections 2301(c)(4)(C) and (D). 16D Page 18 2. Homes or residential properties must be blighted, as defined in the Collier County NSP Action Plan, to be eligible for demolition. 3. Demolished properties may be placed in a land bank for future redevelopment, or may be transferred to a provider of affordable housing. 4. Demolished homes or residential properties are subject to the minimum affordability provisions of the federal HOME Investment Partnership Program" LAND DANK "' Objective Assemble, manage, and dispose of vacant land to stabilize neighborhoods and encourage re -use or redevelopment of urban property. Policies 1. Properties may be acquired in the specific, defined geographical areas contained in the Collier County NSP1 and NSP3 Action Plans. 2. Collier County may purchase properties that have been foreclosed upon and maintain, assemble, facilitate redevelopment of, market and dispose of land- banked properties. 3. Properties may not be held for more than ten (10) years without obligating the property for a specific, eligible redevelopment of that property in accordance with NSP requirements. 4. Land - banked properties are subject to the minimum affordability provisions of the federal HOME Investment Partnership Program's DISPOSITION 16 Objective Convey homes assisted through the NSP to benefit persons or households whose income is at or below 120 percent area median income. Policies 1. Homes or residential properties that are purchased, redeveloped, or otherwise sold to an individual shall be sold in an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or property. Note that the maximum sales price for a property is determined by aggregating all acquisition, rehabilitation, and redevelopment costs (including related activity delivery costs, which generally may include, among other items, costs related to the sale of the property). 2. The net proceeds from the sale of properties assisted through the NSP is considered program income" and will be used for additional NSP - eligible activities. 3. Ten (10) percent of the program income received following disposition will be used for general administration and planning costs18. 13 24 CFR 92.252(a), (c), (e), and (f), and 92.254. 14 24 CFR 570.201(a) Acquisition and (b) Disposition. 15 24 CFR 92.252(a), (c), (e), and (f), and 92.254. 16 24 CFR 570.201(b) Disposition. 17 Program income is defined at 24 CFR 570.500. is 24 CFR 570.205 -.206. 16D 9 Pa-e 19 4. Homes or residential properties conveyed are subject to the minimum affordability provisions of the federal HOME Investment Partnership Program19 PROCEDURES General 1. The Board of County Commissioners approved the NSP1 and NSP3 Action Plans, and shall approve any proposed substantial amendments to such Action Plans. 2. HUD approved the NSP1 and NSP3 Action Plans, and shall approve any proposed substantial amendments to such Action Plans. 3. Housing, Human and Veteran Services shall administer the NSP. 4. All County departments, divisions, or sections assisting Housing, Human and Veteran Services will use the inter - department billing system to receive payment for service(s) rendered. Ptn-chases rand Chanoes to Purchases 1. All purchases under the NSP shall be in accordance with the provisions of the Collier County Purchasing Policy (hereinafter referred to as "the Purchasing Policy "), the Collier County Procurement Administration Manual (hereinafter referred to as "the Procedures Manual "), all applicable NSP grant provisions and, where applicable, all formal contracts pertaining to each purchase. 2. All purchases subject to the purview of the Purchasing Policy shall be authorized under a purchase order or a valid purchasing card utilized pursuant to the requirements of the Purchasing Policy and /or Collier County CMA 5808: Purchasing Card Program Policy and Procedure. 3. All changes to a formal, bilateral Collier County contract (whether it be under a single project or a fixed term agreement) shall be processed in accordance with the Purchasing Policy and the Procedures Manual. 4. All changes to a previously authorized purchase order shall be processed in the form of a purchase order modification requested by Housing, Human and Veteran Services from the Purchasing Department prior to authorizing the changes. 5. A purchase order modification shall be issued to authorize legitimate changes to the original scope of work identified in the purchase order including, but not limited to, changes in ordering quantities (products or services), changes in product specifications or service requirements, or changes due to unforeseen conditions. 6. In the event where a portion of the work solicited under a previously awarded purchase was deleted prior to award, a purchase order modification shall not be used to add the work back into scope unless it can be objectively determined from the prices received under the original competition that the modification would have had no impact on the outcome of the competition. 7. Purchase order modifications shall not be used to circumvent the competitive procedural requirements set forth in the Purchasing Policy or Procedures Manual. 8. Real Property Management may approve administratively contract extensions relating to real property acquisition and transfer. 19 24 CFR 92.252(a), (c), (e), and (f), and 92.254. 16D9 Page 110 Acquisition 1. Housing, Human and Veteran Services will identify properties for acquisition through partnerships with other Collier County departments or divisions, non - profit agencies, or other housing providers. 2. Housing, Human and Veteran Services will conduct an initial evaluation of proposed acquisitions. 3. Real Property Management will prepare a current market appraisal to establish the value of properties that will be acquired in conformance with the definition herein of "current market appraised value." 4. The Director of Housing, Human and Veteran Service, or his /her designee, will approve offers to acquire properties. 5. Acquisition purchase prices shall not exceed One Hundred Fifty Thousand and 00 /100 Dollars ($150,000.00) per residential dwelling unit. A single family residential property consist of one (1) unit, a duplex consists of two (2) units, a triplex consist of three (3) units and a multi - family property may consist of any number of units greater than one (1) unit. 6. The Board of County Commissioners must specifically approve any acquisition purchase price in excess of the aforementioned limit. 7. Real Property Management will prepare an informational notice to the bank, lender, intermediary aggregator or servicer, or other entity that has a legal right to execute documents relating to the identified property informing such entity of Collier County's interest in acquiring such property on a voluntary basis. 8. Agreements for Sale and Purchase will be prepared and shall contain appropriate contingencies regarding marketable title, environmental review, and other due diligence, and shall be approved by the County Attorney's Office for form and legal sufficiency. 9. Agreements for Sale and Purchase will be executed by Collier County and the entity described above. The date of execution of any Agreement shall be the date that the final party signs, regardless of any contract language to the contrary. Interpretation of executed Agreements and other documentation shall be the exclusive responsibility of the County Attorney's Office. 10. The Chairman of the Board of County Commissioners has been granted authority and is thereby authorized, by resolution of the Board of County Commissioners, to execute Agreements for Sale and Purchase for the acquisition of properties in accordance with the price limits described herein. 11. Real Property Management will conduct all due diligence, including obtaining evidence of clear title from an approved vendor, and will coordinate with Housing, Human and Veteran Services to acquire the property. 12. Housing, Human and Veteran Services will perform an environmental review and document compliance with applicable grant requirements. 13. Housing, Human and Veteran Services will obligate the funds necessary to acquire the property. 14. Real Property Management will coordinate final examinations of title and conduct or supervise the closing of acquisitions following appropriate closing procedures, and will supervise the recording of acquisition conveyances, and all documents necessary for title clearance in the Public Records of Collier County. Rehabilitation 1. Housing, Human and Veteran Services' Rehabilitation Specialist will perform a site inspection of acquired property and prepare a bid specification or work plan in order to solicit competitive price quotes. All of these solicitations (and any exceptions thereto) shall be conducted in 1609 Paee 111 accordance with the appropriate provisions of the Board's Purchasing Policy and the Procedures Manual. 2. Collier County shall use its own procurement procedures which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law and the standards applicable to the NSP20. 3. Purchases and changes to purchases shall be made in conformity with the procedures so named and detailed above. 4. Housing, Human and Veteran Services will recommend award of these projects to the lowest qualified and responsive vendor. Housing, Human and Veterans Services will submit a requisition to and receive a purchase order from the Purchasing Department before directing the vendor to proceed with any purchase. 5. Collier County will ensure vendors have access to the property. 6. Rehabilitation or redevelopment costs shall not exceed Fifty Thousand and 00 /100 Dollars ($50,000.00) per residential unit. A single family residential property consists of one (1) unit, a duplex consists of two (2) units, a triplex consists of three (3) units and a multi - family property may consist of any number of units greater than one (1) unit. 7. The Board of County Commissioners must specifically approve any rehabilitation costs in excess of the aforementioned limit. 8. The Rehabilitation Specialist will supervise the rehabilitation or redevelopment until project completion. Ilotrteownership 1. Housing, Human and Veteran Services' Housing Outreach Coordinator will pre - qualify persons interested in purchasing a home assisted through the NSP. 2. The Housing Manager, or his /her designee, will approve all applicants that are determined to be eligible for participation in the NSP. 3. Pre - qualified applicants will be provided a list of available homes. 4. Applicants will be served on a first - come - first - served basis once eligibility and readiness to purchase has been established. 5. Applicants will obtain financing that conforms to bank regulators' guidance for non - traditional mortgages as detailed in the NSP. 6. Purchasers will receive subsidy in the form of a principal reduction to increase the affordability of homes or residential properties assisted through the NSP. The subsidy amount may not exceed Fifty Thousand and 00 /100 Dollars ($50,000.00). 7. The Board of County Commissioners must specifically approve any homeownership assistance in excess of the aforementioned limit. Demolition 1. Demolition will be contemplated when acquired properties are, a) blighted, and b) not economically feasible to rehabilitate. 2. The Rehabilitation Specialist will prepare documentation recommending demolition of the acquired property. 3. The Director of Housing, Human and Veteran Services, or his /her designee, will approve demolition of the structure. 20 24 CFR 85.36(b). 16D 9 Page 112 4. Demolished properties may be placed in a land bank for future redevelopment, or may be transferred to a provider of affordable housing. 5. Demolition costs shall not exceed Twenty Five Thousand and 00 /100 Dollars ($25,000.00) per residential unit. A single family residential property consists of one (1) unit, a duplex consists of two (2) units, a triplex consists of three (3) units and a multi - family property may consist of any number of units greater than one (1) unit. 6. The Board of County Commissioners must specifically approve any demolition costs in excess of the aforementioned limit. Land Mink The Director of Housing, Human and Veteran Services, or his /her designee, will approve all land bank acquisitions, as well as the transfer of demolished property into the land bank. Land - banked properties will be maintained (e.g. lawn maintenance) to conform with local codes, rules, and regulations. Within ten (10) years of acquisition, Housing, Human and Veteran Services will obligate the property for a specific, eligible redevelopment of that property in accordance with NSP requirements. Disposition 1. Once rehabilitation or redevelopment is complete, properties will be prepared for disposition. 2. Housing, Human and Veteran Services will comply with the minimum disposition standards and procedures used by Collier County in selling and conveying real property acquired under the NSP 21. 3. The maximum sales price for a property is determined by aggregating all acquisition, rehabilitation, and redevelopment costs (including related activity delivery costs, which generally may include, among other items, costs related to the sale of the property). 4. The final sales price will be the lesser L2 of: a. The aggregate of all acquisition, rehabilitation, and redevelopment costs (including related activity delivery costs), minus $1,000.00, rounded down to the nearest thousand23; or b. The appraised value established by a licensed third -party appraiser during the process of qualifying for first mortgage financing from a private financial institution24. 5. The program income generated from the disposition shall be recognized by the Board of County Commissioners and used for additional NSP - eligible activities. 21 Collier County Ordinance No. 2009 -63. 22 The final sales price procedure is established to ensure that Collier County does not sell a property for an amount greater than the aggregate NSP investment, thus exposing the County to a potential audit finding. 23 For example, the aggregate NSP investment in a project is determined to be $147,518.25. The final sales price would be calculated as follows: aggregate investment ($147,518.25) minus voluntary reduction ($1,000.00) equals $146,518.25, rounded down to the nearest thousand equals final sales price of $146,000.00. 24 When qualifying for first mortgage financing from a private financial institution, such institution will determine the maximum financing available based on the appraised value or purchase price, whichever is less. For example, if Collier County invested $147,518.25 in a project that appraised for only $130,000.00, the maximum first mortgage financing would be based on the appraisal value. Although underwriting guidelines vary from lender to lender, it is generally true that the maximum loan -to -value available to purchasers will range from 80 percent of appraised value to 97 percent of appraised value. 16D9 Page 113 miscellatie0us 1. Collier County successfully met the 18 -month obligation deadline for NSP1. 2. HUD requires Collier County to expend NSP3 funds in a timely manner. Specifically, the following expenditure deadlines were imposed as a condition of award: a. Expend 50 percent of NSP3 funding by March 11, 2013 b. Expend 100 percent of NSP3 funding by March 11, 2014 3. Pursuant to the rules and regulations of the NSP, no less than 25 percent of the initial Collier County award must be used to benefit households earning not greater than 50 percent area median income. 4. The NSP1 grant number is B- 08 -UN -12 -003 and the allocation was $7,306,755. 5. The NSP3 grant number is B- 11 -UN -12 -003 and the allocation was $3,884,165. 6. The NSP Catalog of Federal Domestic Assistance (CFDA) number is 14.218. 7. The Collier County Data Universal Number System (DUNS) identification number is 076997790. PROGRAM INCOME25 Revenue received by Collier County that is directly generated from the use of CDBG funds (which term includes NSP grant funds) constitutes program income. On June 11, 2009, HUD issued a revised notice26 implementing substantive revisions to the October 6, 2008 notice, primarily as a result of changes to the NSP made by Title XII of Division A of the American Recovery and Reinvestment Act of 2009. The effective date of the substantive revisions, as determined by HUD, remained as published in the Federal Register on October 6, 2008. Section 2301(d)(4) of HERA, which established requirements for the disposition of revenue generated by NSP assisted activities, was repealed by the Recovery Act. As a result of this repeal, revenue generated from the use of NSP funds and received by a private individual or other entity that is not a subrecipient is not required to be returned to grantee as was required by section 2301(d)(4). A further result of this provision is that program income received after July 30, 2013 is not required to be returned to HUD for deposit in Treasury. However, the program income requirements of the CDBG program are still applicable to income directly generated from the use of NSP funds and received by grantees or subrecipients. Program income received may be retained by Collier County and treated as additional NSP funds and used in accordance with NSP regulations. Substantially all program income must be disbursed for eligible NSP activities before additional cash withdrawals are made from the U.S. Treasury. HUD allows Housing, Human and Veteran Services to use ten (10) percent of the NSP grant and ten (10) percent of program income earned for general administration and planning activities. 25 24 CFR 570.500. 26 Docket No. FR- 5255 -N -02. 1609 Page 114 APPROVAL This NSP Administrative Plan replaces the existing Plana p proved by the Board of County Commissioners on March 24, 2009, amended October 27, 2009, and shall be used in the administration of NSP1 and NSP3. Adopted this 28`h day of June, 2011. ATTEST: DWIGHT E- BROCX; CU RI a , A','�i3St as to Ch*IAWTVCLERK liCnaip' 4n.6 ". ' APPROVED AS TO.FORM' AND LEGAL SUFFICIENCY BY: JENNIFE HITE ASSISTANCE COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 4 w G FRED W. COYLE, CHAIRMAN ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1609 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only ever the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date Contact 1 r=' [ r' ��, Gam) (Initial) '� / 2. / M. /' ,i a °C' % Agenda Item Number /76 3. & / ) i /d Di 4. C'r7U r,LrI P.T rs —y. Number of Original _? c rtia Tk.+cTS 5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sur, Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to he delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff �L �� 6t1q C Phone Number 1 rt 3 Contact 1 r=' [ r' ��, Gam) (Initial) '� / Agenda Date Item was / M. /' ,i a °C' % Agenda Item Number /76 Approve b the BCC & / ) i /d Di Type of Document C'r7U r,LrI P.T rs —y. Number of Original _? c rtia Tk.+cTS Attached resolutions, etc, signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST i. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) _^ All handwritten strike - through and revisions have been initialed by the County Attorney's C�J^ Office and all other parties except the BCC Chairman and the Clerk to the Board D 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. S. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on' - r _oSenter date) and all changes or made during the meeting have been incporated inZhe aZehed document. The -. _County Attorney's Office has reviewed the changes, if applicable. i. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 1609 MEMORANDUM Date: June 7, 2011 To: Gary Bigelow, Property Acquisition Specialist Facilities Management Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: NSP: 541026 1h Avenue SW — Contract, Statutory Deed & Bill of Sale 5300 17th Place SW — Contract and Statutory Deed 3671 18`h Avenue NE — Contract and Statutory Deed Attached is one (1) original of each as referenced above, (Item #16139) approved by the Board of County Commissioners on June 28, 2011. Please return the Recorded Original to the Minutes & Records Department where it will be kept as a part of the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. 1' 2' 3 4 1609 PARTIES:COLLIER COUNTY, a Political Subdivision of the State of Florida —('Seller"), �,.+ ILEANA BLANDON ESPINOZA, a single woman Murverl, hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property) pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ( "Contracts: 5 I. DESCRIPTION: 6' (a) Legal description of the Real Property located In COLLIER County, Florida: The East 75 feet of the 7•west 150 feet, Tract 90 Golden Gate Estates unit. 71 recorded in Plat Bk. 5, Pg. 7, of Collier County, Florida 8' (b) Street address, city, zip, of the Property: 3571 18th Avenue NE, Naples, Florida 34 12 0 9 (c) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), ceiling fan(s), light fixture(&), and window treatment(&) unless 10 specific* excluded below. 11• Other items included are: —microwave, Central A/C and Washer 6 Dryer from previous owner. 12' 13• Items of Personal Property (and leased Items, 0 any) excluded ere: _ N/A 14' n — 15' II. PURCHASE PRICE (U.S. currency): ....... ......... .................... .. $ 67, 000.00 16 PAYMENT: 17' (a) Deposit held in escrow by Stewart Title Co. ( "Escrow Agent ") in the amount of (checks subject to clearance) $ 1 , 000. 00 16• EScrowi A9ent'S address' I956 Ta,ninmi Ti. N.. Sui[a A, Naples, -L -0 01 _Phdne: 359 "T63 3161 19' (b) Additional escrow deposit to be made to Escrow Agent within 45 days after Effective Date In the amount 01.......... $ 1, 34 5 . 00 20' (c) Financing in the arreunt of ("Loan Amount') see Paragraph N below .............. ........... $ 48,575.00 .. .. ......... 21' (d) Other.'.`.SEE LINES_ 115_. THROVON 21 7 ... ............................... ........ ............... $ 16,080.00 22 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashiers or official bank chock(s), subject ......� ............ ........... 0.00 23• to adjuatmen(s or proration& ................. .. ........................... S 24 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE: 25 (a) If this offer is not executed by and deMered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or 26' before 15 days , the deposh(s) will, at Buyer's option, be returned and this offer withdrawn. Unless other 27 be Zdays- from -the 28 (b) The date of Contract ('Effective Date") will be the date when the last one of the Buyer and Seller has signed or initialed this offer or the 29 final counteroftor. If such date Is not otherwise set forth In this Contract, then the "Effective Date" shall be the date determined above for 30 acceptance of this offer GF,4appikable4he- fina4esunteroNeF 31 IV. FINANCING: 32' O (a) This is a cash transaction with no contingencies for financing: 33' a (b) This Contract is contingent on Buyer obtaining written ban commitment which confirms underwriting loan approval for a ban to purchase 34' the Properly ("Loan Approval'I within _ days If blank, then 30 days) after Effective Date ("Loan Approval Date') for (CHECK ONLY 35' ONE); 3 a feed; O an adjustable; or U a Nod or adjustable rate ban, in the Loan Amount (See Paragraph IL(c)) at an initial Interest rate not to 36' exceed 6.00 %, and for a term of _ 330 years. Buyer will make application within _ days (d blank, then 5 days) after Effective Date. 37 BUYER: Buyer shall use reasonable diligence to: obtain Loan Approval; notify Seller In writing of receipt of Loan Approval by Loan Approval 38 Date: satisfy terms of the Loan Approval; and dose the loan. Loan Approval which requires a condition related to the sale of other property shall 39 not be deemed Loan Approval for purposes of this subparagraph. Buytor shall pay all ban expenses. Buyer authorizes the mortgage brokers) and 40 lender(s) to disclose information regarding the conditions, status, and progress of loan application and Loan Approval to Seller, Seller's attorney, 41 real estate licernsee(s), and Closing Agent. 42 SELLER: 11 Buyer does not deliver to Seller written notice of Loan Approval by Loan Approval Date, Seller may thereafter cancel this Contract by 43 delivering written notice ( "Seler's Cancellation Notice") to Buyer, but not later then seven M days prior to Closing. Seller's Cancellation Notice shall 44 notify Buyer that Buyer has three (3) days to deliver to Seiler written notice waiving this Financing contingency, or the Contract stroll be cancelled. 45 DEPOSIT(S) (for purposes of this Financing Paragraph IV(b) only): H Buyer has used reasonable diligence but does not obtain Low Approval 46 by Loan Approval Date, and thereafter either parry elects t0 cancel this Contract, the deposli shall be returned to Buyer. Ill Buyer obtains Loan 47 Approval or waives this Financing contingency, and thereafter the Contract does not close, than the deposit(&) shah be paid to Seller; provided how - 48 - ever, if the failure to close is due to: () Seller's failure or refusal to close or Seiler otherwise tags to meet the terms of the Contract, or (I) Buyers lender 49 fails to receive and approve an appraisal of the Property in an amount suffclent to meet the terms of the Loan Approval, then the deposh(s) shall be 50 returned to Buyer. 51 • U (c) Assumption of existing mortgage (see rider for terms); or 52' 0 (d) Purchase money note and mortgage to Seller (see "As Is" Standards B and K and riders; addenda; or special clauses for terms). 53' V. TITLE EVIDENCE: At least 5 days (ff dank, then 5 days) before Closing a title Insurance commitment with legible copies of Instruments listed as 54 exceptions attached thereto ('Tile Commitment') and, after Closing, an owner's policy of tine insurance (see Standard A for terms) shag be obtained by: 55' (CHECK ONLY ONE): U (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney: or 56' Q (2) Buyer at Buyer's expense. 57' ( 6} u4HERabskefitef�iHe- ia- te-0 6- tennist�61ne1eaEfof- tHla- irrsur &RaereFid- aNaoh�idecJeF- terms: 58' A. CLOSING DATE: This transaction shah be dosed and the closing documents delivered on - .ccc T.TM7 1 1 a ("Cbdng'), unless 59 modified by other provisions of this Contract. In the event of extreme weather or other conditions or events constituting "force rnajeure", Closing will be 60 extended a masonaDle time until: @ restoration of unities and other services essential to Closing. and (7 availability of Hazard, Wind, Food, or Homeowners' 61 • insurance. 9 such conditions continue more than __ days fiff blank, then 14 days) beyond Closing Date, then either party may cancel this Contract. FARBAR ASIS -2 Re, 0/07 02007 Florida Association or Rr Toss- and The Florida Bar All Rights Reserved Page 1 of 5 16D9 62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Soler shall convey marketable title subject to: comprehensive land use plans, zoning, 63 restrictions, prohiblllons and other requirements Imposed by governmental authority; restrictions and matters appearing on the plat or otherwise e4 common to the subdivision; outstanding oil. gas and mineral rights of record without right of entry; unplatted public utility easements of record 65 (located contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 12 feet In width as to the side 66 lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, If any Of addI tonal Items, see 67' addendum); provided, that there exists at Closing no vlolatlon of the foregoing and none prevent use of the Property for re 8 dent ial 68' purpose(s). 69 VIII. OCCUPANCY: Seller shall delver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. It- RrepeRyJcwlterlded 7fl It F-lf -ro he delive�6efere�6kje , 43uy eraseumea- alkiske- of-besto-Proparly -a 72 ief fflainteneirce fre in that dale. and Shall be deemed to heveaceepted - k�9- es6u6SAsX 73 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed pro - 74 visions of this Contract in conflict with them. 75' X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer 0 may assign and thereby be released from any further liability under INS Contract; 0 may 76' assign but not be released from lability under this Contract; or a may not assign this Contract. 77 XI. DISCLOSURES: 78 (a) The Property may be subject to unpaid special assessment lien(s) imposed by a public body ( "public body' does not include a 79 Condominium or Homeowners' Association). Such Penis), 0 any, whether certified, confirmed and ratified, pending, or payable in installments, 60' as of Closing, shall be paid as follows: 0 by Seller at closing Cl by Buyer (If left blank, then Seller at Closing). If the amount of any 81 assessment to be paid by Seiler has not been finally determined as of Closing, Seller shag be charged at Closing an amount equal to the 82 last estimate or assessment for the improvement by the public body. 83 (b) Radon Is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to per - 84 sons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found In buildings in Florida. 85 Additional information regarding radon or radon testing may be obtained from your County Public Health unit. 86 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information 87 regarding mold, Buyer should contact an appropriate professional. 88 (d) Buyer acknowledges receipt of the Florida Energy - Efficiency Rating Information Brochure required by Section 553.996, F.S. 89 (a) If the Real Property includes pre -1978 residential housing, then a lead -based paint rider Is mandatory. 90 (f) If Seger Is a 'foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties Shall comply with that Act. 91 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA- 92 TION /COMMUNI7Y DISCLOSURE. 93 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT 94 OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSECUENT TO PURCHASE. A CHANGE OF OwNER- 95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. 96 IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 97 XIL MAXIMUM REPAIR COSTS: DELETED 98' XIII. HOME WARRANTY: 0 Seller 0 Buyer CX N/A will pay for a home warranty plan issued by 99' at a cost not to exceed $ 100• XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have 5 days from Effective Date ( "Inspection Period ") within 101 which to have such inspections of the Property performed as Buyer shall desire and utilities Soi shalt be made available by the 102 Seller during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such Inspections and repair of damage 103 to and restoration of the Property resulting from such inspections and this provision (b) shall survive termination of this Contract; 104 and (c) if Buyer determines, in BuyerY sole discretion, that the Property Is not acceptable to Buyer, Buyer may cancel this Contract 105 by delivering facsimile or written notice of such election to Seller prior to the expiration of the Inspection Period. if Buyer timely 106 cancels this Contract, the deposit(s) paid shall be Immediately returned to Buyer, thereupon, Buyer and Seller shall be released of 107 all further obligations under this Contract, except as Provided In this Paragraph X/V. Unless Buyer exercises the right to cancel 108 granted herein, Buyer accepts the Property in its present physical condition, subject to any violation of governmental, building, 109 environmental, and safety codes, restrictions or requirements and shall be responsible for any and all repairs and Improvements 110 required by Buyer's lender. 111 XV RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract: 112' 0 CONDOMINIUM CI VA/FHA 0 HOMEOWNERS' ASSN. 0 LEAD -BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE 113' 0 INSULATION ❑ EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) 0 Other Comprehensive Rider Provisions 0 Addenda 114' Special Clause(s): 115 "'Buyer will receive $20,100 from the Collier County Neighborhood Stabilization Pro ram Buyer 'll use 116' $16.080 (244 of the purchase price)for principal reduction and the remaining balance of $4,020 will be used 117* for closing costs, prepaid items, and any discount points associated with the first mortgage transaction. 118' 119• "The transaction shall be closed on or before one - hundred eighty 1B0) days of the effective date. 120' - 121' -- 122' _ -- 123' 124' 125' 126 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ( "AS IS" Standards): Buyer and Seller acknowledge receipt of a copy 127 of "AS IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract, FAR/BAR ASIS -2 Rev. 9/07 02007 Florida Association of RE rom- and The Florida Bar M Rights Reserved Papa 2 of 5 128 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, 9 129 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. 130 THIS 'AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS- AND THE FLORIDA BAR. 131 Approval does not constitute an opinion that any of the terms and conditions In this Contract should be accepted by the parties in e 132 particular transaction. Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining 133 positions of all Interested persons. 134 AN ASTERISK(') FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED. / --1� Kz 135'�f� J / Seller Signature Below 136 (BLNER) ILEANA BLANDON ESPINOZA A (SELLER) (DATE) 137' Seller Signature Below 138 (BUYER) (DATE) (SELLER) (DATE) 139' Buyers' address for purposes of notice 2091 Fairmont Lane, Sellers' address for purposes of notice c/o CC RPM, Bldg. w, 140' P Na les, Florida 34120 3301 Tamiami Trail E., Naples, FL 34112 - 141• 239 -776 -2498 (Cell) Phone (239) 252 -8991 Phone 142 BROKERS— Ta"Fekersrw eluding ..cooperatingbrekere.Manyyfl med4) ebvaa re4heenty brokers4 ntMed 4ocefnpensatkw4r4cwneotbRw0 14$ "a- Gentract: 145 GaepemWQ-Brokersr+f any Netla®$reke: CONVEYANCE APPROVED BY BCC: DECEMBER 1, 22009 - ITEM 17B and MAY 11, 2010 - ITEM 16D1 AND JUNE 28, 2011 - ITEM 16D9 DATED: I/ , ATTEST: DWIGHT E. BROOK t 'C erk ` �1'�nrturt• OTiAIq r' Approved as to form and legal sufficiency: JE ER B. WHIT ASSISTANT COUNTY ATTORNEY SELLER: BOARD OF COUNTY COMMISSIONERS COLLIER gOUNJY. FLORIDA ///''' BY: Property Address: 3671 18TH AVENUE NE, NAPLES, FLORIDA 34120 Fred W. Coyle, Chairman FAR/BAR ASIS -2 Rev. 9/07 02007 Florida Association of Pw (OF ' and The Florida Bar All Rights Ressrvsd Page 3 of 5 • 120 146 ,AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS 147 A. TITLE INSURANCE: The Title Commitment shell be issued by a Florida licensed title Insurer agreeing to issue Buyer, upon recording of the deed 10 Buyer, 148 an owner's policy of tRle insurance in the amount of the purchase price, insuring Bayer's marketable title to the Real Property, subject only to matters contained 149 in Paragraph VII and these to be discharged by Sailor at or before Closing. Marketable title $half be determined according to applicable Title Standards adopt - 150 ad by authority of The Florida Bar and in accordance with law. Buyer shall have 5 days from data of receiving the Title Commitment to examine it, and if title is 151 found defective, notify, Seller in writing specifying defects) which render ttb unmarketable. Soler shall have 30 days from receipt of notice to remove the 152 defects, failing which Buyer shall, within 5 days attar expiration of the 30 day period, deliver written notice to Seller either: (1) extending the time for a resson- 153 able period rot to exceed 120 days within which Seller shall use diligent effort to remove the detects; or (2) requesting a refund of depositls) paid which shall 154 be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the bile as it then is. Seller shall. if title is found unmarketable, 155 use diligent effort to correct defects) within the time provided. ff, after diligent effort. Seller is unable to timely correct the detects. Buyer shall either waive the 156 defects, or receive a refund of deposil(s), thereby releasing Buyer and Seller from at further obligations under this Contract. It Sella is 10 provide the Title 157 Commitment and It is delivered to Buyer less than 5 days prior to Cursing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt 158 to examine same in accordance with this 'AS IS" Standard. 159 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 160 30 day grew period in the event of default it a first mortgage and a 15 day grace coined 3 a second or lesser mortgage; shell provide for right of prepayTnalt 161 in whole or in part without penalty; shall permit acceleration in event of transfer of the Baal Property; shall require all pnor hens and encurnbrances to be kept 162 in good standing; shall forbid modifications of, or future advances under, prior mortgage($): shall require Buyer to maintain policies of insurance containing a 163 standard mortgagee clause covering all improvements located on the Real Property against fire and all polls Included within the term "extended coverage 164 endorsements' and such otter risks and pails as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage. rote 165 and security agreement shall be otherwise in forth and content required by Seller. but Seller may onhy require clauses and coverage customarily found in mort- 166 gages, mortgage notes and secur y agreements gerarely uliN2ed by savings and ban iraautons or state or national banks boated In Ire county wherein the 167 Real Property is located. All Personal Property and will. at Sellers option, be subject to the lien of a security agreement evi- 168 dented by recorded or filed financing statements or certificates of Lille. Ife- aalbal mortgage,- the -final payment will exceed 4hapa+odhcPSrilna +to-tpereon. 169 C. SURVEY: Buyer, at Buyers expense, within time allowed to deliver evidence of Idle and to examine same, may have the Real Property surveyed and certi- 170 fed by a registered Florida surveyor. If the survey discloses encroachments on the Real Propel or trial improvements located thereon encroach on setback 171 lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect. 172 D. WOOD DESTROYING ORGANISMS: DELETED 173 E INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Properly sufficient for its intended use as described 174 in Paragraph VII hereof and tale to the Real Propel is insurable in accordance with "AS IS" Standard A without exception for lack of legal right of access. W,15 F. LEASES:$eHeFShaN- aFlekaF deye b0mm-Clesingi furnshno- Bvyerea9'� and astappol otlars 1-76 andAuratierrof- the* namseeeapenq`- rentalrates oedieNarldeesuAtYdepea4 &j)aiaey4eaw4- 4 Eella-is each -tat- 177 ant ; '..hed-0y wile is Buyer Avd mthd fimc 1pmudin4ne 4erm- ef,'SeIIeFa offidavib ast -ton 1-78 ant tooenfmr soon. njurf on.44hc terms W the basae affair - maturely from- Shcors ropmeentaliats:-Buye, may twminata the - Comrastby- delivering- written X79 neioe 43I861`011:bale'6kol6afbbsin9rHBlwer -ends oBuyec 180 G. LIENS: Sailer shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, Of any financing statement, 181 claims of Gen or potential lienors known to Seller and further attesting that there have been no improvements or rapers to the Real Property for 90 days imme- 182 diately preceding date of Closing. If the Real Properly has been improved or repaired within that time, Seller shall deliver releases or waivers of construction 163 liens executed by all general contractors, subcontractors, suppliers and materialm en in addition to Sellers lien affidavit setting forth the names of all such gen. 184 eral contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could save as a basis for a 185 construction lien or a claim for damages have been paid or will be paid at the Closing of this Contract. 186 H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the difce of the attorney or other closing agent ("Closing 187 Agent") designated by the party paying for title insurance, or, if no title insurance, designated by Seller. 188 I. TIME: Calendar days shall be used in computing time pences except periods of less than six (6) days, in which event Saturdays, Sundays and state or nation- 189 al legal holidays stall be excluded. Any time periods provided for herein which shelf <nd On a Saturday, Sunday, or e legal holiday shall extend to 5:00 p.m. of the 190 next business day. Time is of the essence in this Contract. Statutory Deed Bill of Sale 191 J. CLOSING DOCUMENTS: Seller shelf furnish the deed,,- bilfof sale, cortific of tile, construction lien afhtdavil, owner's possession affidavit, aesignmaAs-014eas- 182 as trnmt- ondraerigogoo- estoppel bit" and conedlve instruments. Buys shall furnish mortgage, mortgage note, security agreement and financing ring statertents. e u r 193 K. EXPENSES: Documentary stamps on the deed all recording of corrective instruments shall be paid by SellalAll costs of Buyers ben (whether obtained ey ` 194 from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage all any mortgage assumed, 195 mongagee ti le insurance commitment with related fees, and recording of purchase moray mortgage, deed and financing statements shall be paid by Buyer. 196 Unless otherwiss provided by law for- ride- to4hts- Gamiest, charges for related closing services, title search, and closing fees (including preparation of closing 197 statement), shat be paid by the party responsible for furnishing the title evidence in accordanbo with Paragraph V. 196 L. PRORATIONS; CREDITS: Taxes, assessments, rent, Merest, nsurance and other expenses of the Property shall be prorated through the day before Closing. 199 Buyer shall have the option of taking over existing policies of issuance, A assumable, in wfvch event premiums shall be prorated. Cash at Closing shalt be 200 increased or decreased as may be required by proration to be made through day prior to Closing, or occupancy, l occupancy occurs before Closing. Advance 201 rent and aeeuriy, deposits will be credited to Buyer. Escrow, deposits had by mortgages will be credited to Seller. Taxes shall be prorated based On the current 202 years tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's mill - 203 age is not fixed and cumat year's assessment is available, taxes will be prorated based upon such assessment and prior yea's ❑glage. If current year's assess. 204 ment is not available, then taxes will be prorated on prior yew's tax. If !here are completed improvements on the Real Property by January 1st of year of Closing, 205 which improvements were not in existence on January 1 at of prior yea, then taxes shelf be prorated based upon prior year's rnilbge and at an equitable assess- 206 ment to be agreed upon between the parties; failing whicn, request shall be made to the County Property Appraiser for an informal assessment taking into 207 acmut available exemptions. A tax proration based on an estimate shall, at request of either parry. be readlusted upon receipt of cement years tax bil. 208 M. (RESERVED - purposely left blank) 209 N. INSPECTION AND REPAIR: DELETED 210 O. RISK OF LOSS: It, after the Effective Date, the Property is damaged by fire or other casually ( "Casualty, Loss) before Cbsng and mat of restoration (which 211 shall include the cost of pruning of removing damaged treesf does rot exceed 1.5% of the Purchase Price, mat of restoration shall be an obligation of Soler and 212 Closing shall proceed pursuant to the terms of this Contract, and 4 restoration is not completed as of Closing, restoration costs will be escrowed at Closing. It 213 the cost O1 restoration exceeds 1.5% of the Purchase Price, Buyer shat either take the Property as is, together with the 1,5% or receive a refund of deposits) 214 thereby releasing Buyer and Seller from at further obligations under this Contract. Seller's sole obligation with respect to tree damage by casually or other natu- 215 rat occurrence shelf be the cost of prurvng or removal. 216 R CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title agent insures adverse matters pursuant to Section 627.784 1, 217 F.S., as amended, the escrow antl Mang procedure required by this 'AS IS" Standard shall be waived. Unless waived as set forth above the following FAR/BAR ASIS-2 Rev. 9/07 02001 Florida Association of Rewh.Toasf ano The Florida Bar All Rights Reserved Pager 4 of 6 I6D9 218 "AS iii STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 219 closing procedures shall apply: (t) all closing proceeds shall be hold in escrow by the Closing Agent for a period of not more then 5 days attar Closing; (2) 220 if Seller's title Is rendered unmarketable, through W fault of Buyer, Buyer shall, within the 5 day period, notify Seiler in writing of the defect and Seller shop 221 have 30 days from date of receipt of such notification to cure the defect; (3) if Seller fails 10 timely cure the defect, all depeats and closing funds shall, upon 222 written demand by Buyer and within 5 days attar demand, be referred to Buyer and, simuftepa sly with such repayment, Buyer shelf return the Personal 223 Property, vacate tree Real Properly and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand 224 for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of war - 225 rent" contained In the deed a bill of sale. 228 0. ESCROW: Any Closing Agent a escrow agent (collectively "Agent ") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit 227 them promptly, hold same in escrow end, subject to clearance. disburse them in accordance with terms and conditions of this Contract, Failure of funds to 228 clear shall not excuse Buyer§ performance. It n doubt as to Agent's duties m liabilities under fire provisions of this Contract, Agent may, at Agents option, con - 229 tine to hell the subject matter of the escrow unlil the parties hereto agree to as disbursement or until a judgment of a court of competent jurisdiction shall 230 dalermlns the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents 231 a parry and else acts as Agent may represent such party in such action. Upon notifying all parties concerned of such action, all liability on the part d Agent 232 shall fully terminate, except to the extent of accounting is arty items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with 233 provisions of Chapter 475, FS., as amended. Any suit between Buy% and Sailer wherein Agent is made a party because of acting as Agent hereunder, a in 234 any suit wherein Agent interpleada the subject matter of the escrow, Agent shall recover reasonable attorneys lees and costs incurred with these amounts to 235 be pail from and out of the escrowed fads or equivalent antl charged and awarded as court costs in favor of the prevailing party. The Agent shop not be liable 236 to any parry a person for misdelivery to Buyer or Seller of items subject to the escrow, unloss such misdelivery is due to willful breach of the provisions of this 237 Contract or gross negligence of Agent. 238 R. ATTORNEY'S FEES; COSTS: In any Rgation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such Ifi- 239 gation, which, for purposes d this 'AS IS" Standard, shat Include Seile(, Buyer and any brokers acting In agency or noregency relationships authorized by 240 Chapter 475, F.S., as amended, shall be entitled to recover from the non- p(evailing party reasonable attorney's fees, costs and expenses. 241 S. FAILURE OF PERFORMANCE: If Buyer fails to perlorm this Contract within the time specified, including payment of all deposits, the deposits) paid by 242 Beyer and deposits) agreed to be pad, may be recovered and retained by and for the account of Soper as agreed upon liquidated damages, Consideration for 243 the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract; or Seller, 244 at Sellers option, may proceed in equity to enforce Seller's rights under this Contract. If for any reason other than failure of Seller to make Seller's title mar - 245 ketable after diligent effort, Seller fails, neglects or refuses to perform this Contract. Buyer may seek specific Performance or elect to receive the return of Buyers 246 deposits) without thereby waiving any action Its damages resulting from Seller's breach. 247 T CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any notice of If shall be recorded In any pool records. 248 This Contract shall bind and inure to the Donato of the parties and their successors In interest. Whenever the context permits, singular shall include plural and 249 one gender shell include ell. Notice and delivery given by or to the attorney or broker representing any party shall be as effective as it given by or to that party. 250 AJI notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile or electronic preluding "pdr) copy of this 251 Contract and any signatures hereon shall be considored for at purposes as an Original. 252 U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory wanaray: deed, as 253 appropriate to the status of Seller, subject orgy to manors contaned in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at the 254 request of Buyer, be transferred by an absolute big of sale with warranty of nlie, subject only to such matters as may be otherwise provided for herein. 255 V. OTHER AGREEMENTS: No prior or present agreements or representations shoji be binding upon Bluer or Seller unless included in this Contract. No mod - 256 ificffiion to or change in this Contract snag be valid er binding upon the parties unless in writing and executed by the parties intended t0 De bound by it. 257 W. SELLER DISCLOSURE: (1) There are no facts known to Seller materially affecting the value of the Property which are not readily observable by Beyer or 258 which have not been disclosed to Buyer; (2) Seller extends antl intends no warranty and makes no representation of any type, either express or implied, 259 as to the physical condition or history of the Property; (3) Seiler has received no written or verbal notice from any governmental entity or agency as 260 to it currently uncorrected building, environmental or safety code violation; (4) Sailor has no knowledge of any mpalre or improvements made to the 261 Property without compliance with governmental regulation which have not been disclosed to Buyer. 262 X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, Including, 263 but not limited to lawn, shrubbery, and pool in the condition existing as of Effective Date, ordinary wear and tear and Casualty Loss excepted. Seller shall, upon 264 reasonable notice, provide utilities service and access to the Property for appraisal and inspections. Including a walk - through prior to Closing, to coffin that 265 all items of Personal Properly are on the Real Property and that the Property has been maintained as required by this 'AS IS" Standard. Seller will assign all 266 assignable repair and treatment contracts and warranties to Buyer at Closing. 267 YAOXt- EXCHANG toentcv IntesNke kind axaFenBa{eit Ywa }�Y 268 uw��Coda {'Exchenge��- tNaetA%frty sheNeoepefete in all assemble respect$ to 269 n94ho-axe%ilien- aFdeauatente; previ9ad{1)-1 related4etHaficckangeerid l2Fg� 270 eanengswupreraended-er- Y��Y, eusll ExUlerge: . 271 Z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Sailor and, to the extent permitted bylaw, against sin 272 in the negotiation of the Contract, for any dalects a other damage that may ")at W Closing of the Contract and be subsequently discovered by the 273 Buyer or anyone chiming by, through, under or against the Buyer. FAR/BAR ASIS -2 Rev. 9/07 02007 Florida Association of Raiders- and The Florida Bar All Rights Reserved Page 5 of 5 NEIGHBORHOOD STABILIZATION PROGRAM 16D 9 Property Address: 3671 18TH AVENUE NE, NAPLES, FL 14120 Folio Number: 40361760007 STATUTORY DEED THIS STATUTORY DEED, made this ;W) day of , 2011, by COLLIER COUNTY, a Political Subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, hereinafter called the Grantor, to ILEANA BLANDON ESPINOZA, a single woman, whose mailing address is 2041 Fairmont Lane, Naples, Florida 34120, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) 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: To wit: THE EAST 75 FEET OF THE WEST 150 FEET OF TRACT 90 GOLDEN GATE ESTATES, UNIT NO, 71, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. A/K/A: 3671 181H AVENUE NE. NAPLES. FLORIDA 34120 Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by its Board of County Commissioners acting through its Chairman, the day and year aforesaid. This Conveyance Approved by BCC: December 1, 2009— Item 17B and May 11, 2010 -Item 16D1 and June 28, 2011 - Item 16D9 ATTEST: DWIGHT E. BROCK, Clerk Deptriy-Clerk Attu as ta (0 FA OW 041 . , i Approved as to form and legal sufficiency: By: \ti2 Jennifer hite, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By W. FRED W. COYLE, Chairman 1 . 2' 3 4 5 6' 7' r 8' 9 10 1 1' 12' 13' 14' PARTIES:COLLIER COUNTY, a Political Subdivision of the State of Florida ( "Seller "), and James V. Hunt and Ai een A. Hunt, a married couple ('Buyer hereby agree that Seller shall set and Buyer shall bay the following described Real Property and Personal Property (collectively "Property") pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ( "Contract "): I. DESCRIPTION: (a) Legal description of the Real Property boated in COLLIER County, Florida: Lot 5, Block 178, :nldan Gate. unit Five. accgrdinq to plat thereof recorded in Plat Hook 5, Pages117 -123, Collier County, FL (b) Street address, city, zip, of the Property: 5300 17th Place SW, Naples, Florida 39116 (c) Personal Property includes existing rarge(s), re"ator(s), dishwasherls), eating fan(s), light fodure(s), and window treatments) unless specifically excluded below. Other items included are: Microwave, Central A /C, Washer 4 Dryer from previous owner. Items of Personal Property (and leased items, it any) excluded are: N/A 15' II. PURCHASE PRICE (U.S. currency): ..... ............ .. .. ...... $ 100, 000.00 16 PAYMENT: 17' (a) Deposit held n escrow by Stewart Title CO- f ^Escrow Agent") in the amount of (onacks subject to clearance) $ 1, 000.00 is, Escrow Agent's address: 3936 Tamlam, Tr. N.. Suite A, Naplos. PL 341V _Phone: 239 -262 -]163 19' (b) Additional escrow deposit to be made to Escrow Agent within 95 days after Effective Date In the amount of.......... $ 2,500.00 20' (c) Financing in the amount of ( "Loan Amount") see Paragraph IV below . ...... ................... ......... $ 72, SOD. 00 21' (d) 01he1.'.*.SEE. LINES. 115„ THROVGH,lly .................... .............................. $24, ODD. 00 22 (e) Balance to close by cash, wire transfer a LOCALLY DRAWN cashier§ or official bank chook(s), subject 23• to adjustments or praatbns ..................... ............................... ... .. ... ........... ......... $ 0.00 24 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS: EFFECTIVE DATE: 25 (a) If this offer is not executed by and delivered to ell parties OR FACT OF EXECUTION communicated In writing between the parties on or 26' before 15 days , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. UAI other 27 wise- etated,4ho4irpe4or- aoo eptanse- ei-any-ceunteFoffefe -ohO tPOPPAhe-"84 28 (b) The date of Contract ( "Effective Date ") will be the date when the last one of the Buyer and Seller has signed or initiated this offer or the 29 final counteroffer, If such date is not otherwise set forth in this Contract, then the "Effective Date" shall be the date determined above for 30 acceptance of this offer er,Ji-appts ,, the -final counterofleF 31 IV. FINANCING: 32' O (a) This is a cash transaction with no contingencies for financing; 33' ® (b) This Contract is contingent on Buyer obtaining written loan commitment which confirms underwriting loan approval for a loan to purchase 34' the Property ( 'Loan Approval') within _ days Ilf blank, then 30 days) after Effective Date ("Loan Approval Date') for (CHECK ONLY 35' ONE): 3 a fixed; O an adjustable: or O a fixed or adjustable rate loan, in the Loan Amount (See Paragraph II.(c)) at an Initial interest rate not to 36' exceed 6.00 %, and for a term of 30 years. Buyer will make application within _ days Of bank, then 5 days) after Effective Date. 37 BUYER: Bayer shall use reasonable diligence to: obtain Loan Approval; notify Seller in witting of receipt of Loan Approval by Loan Approval 38 Date; satisfy terms of the Loan Approval; and dose the loan. Loan Approval which requires a condition related to the sale of other property shat 39 not be dearNad Loan Approval for purposes of this subparagraph. Buyer shall pay all loan expenses. Buyer authorizes the mortgage broker(s) and 40 lenders) to disclose Information regarding the conditions, status, and progress of ban application and Loan Approval to Seller, Seller's attorney, 41 real estate licensee(s), and Closing Agent. 42 SELLER: If Buyer does not deliver to Seller written notice of Loan Approval by Loan Approval Date, Seller may thereafter cancel this Contract by 43 delivering written notice ( "Solaria Cancellation Notice') to Buyer, but not later than seven M days prior to Closing. Seler's Cancellation Notice shat 44 notify Buyer that Buyer has twee (3) days to delver to Seller written notice waiving this Financing contingency, or the Contract Shall be canceled. 45 DEPOSIT(S) (for purposes of this Financing Paragraph IV(b) only): If Buyer has used reasonable diligence but does not obtain Loan Approval 46 by Loan Approval Date, and thereafter ether party elects to cancel this Contract, the depwt(s) shall be returned to Buyer. If Buyer obtains Lawn 47 Approval or waives this Financing contingency, and thereafter the Contract does not close, then the deposit(s) shall be paid to Seiler; provided how - 48 ever, it the failure to close is due to: O Seller's failure or refusal to close or Seger otherwise falls to meet the terms of the Contract, or (u) Buyer's lender 49 fats to receive and approve an appraisal of the Property in an amount sufficient to meet the terms of the Loan Approval, then the deposits) shad be 50 returned to Buyer. 51' O (c) Assumption of existing mortgage (see rider for terms); or 52' O (d) Purchase money note and mortgage io Seller (see "As Is" Standards B and K and riders; addenda; or special clauses for terms). 53' V. TITLE EVIDENCE: At least S days (ff bank, than 5 days) before Closing a title Insurance commitment with legible copies of Instruments listed as 54 exceptions attached thereto ('Title Commtment') and, after Closing, an owner's policy of the insurance (see Standard A for terms) shall be obtained by 55' (CHECK ONLY ONE): O (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney: or 56' Q (2) Buyer at Buyer's expense. 57' ( sira "4it44&4G4De-kwAWwd- insteedeft !Is iFears nae. and attach Floor far tai 58' VI- CLOSING DATE: The transaction shall be dosed and the closing docurnents delivered on .. ccE I�TNR 11g rClcsing'), unless 59 notified by other provisions of this Contract. In the event of extreme weather a other conditions or events eonattuting "force majeure ", Closing wdl be 60 exterded a reasonable time until: O restoration of utilities and other services essential to Closing. and (I) avalablgy, of Hazard, Wind, Flood, or Homeowners' 61' insiranoe. If such conditions continue more than _ days (N blank, than 14 days) beyond Closig Date, then ether party may cancel this Contract. FARIBAR ASIS -2 Re, 9/07 0 2007 Florida Association of Roi Tore• and The Florida Bar AN Rights Reserved Page i of 5 62 63 e4 65 66 57' Ti8' 69 70 71 74 73 74 75' 76' 77 78 79 60' 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98' 99' 100' 101 102 103 104 105 106 197 108 109 110 ill 112' 113' 114' 115' 116' 117' 118' 119' 120' 121' 122• 123' 124' 125' 126 127 14 9 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject lo: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; outstanding Oil, gas and mineral rights of record without right of entry; unplatted public utility easements of record (located contiguous to real property lines and not more than 10 lest in width as to the rear or front lines and 7 1/2 feet In width as to the side lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, 9 any (If additional items, see addendum); provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property for re ident i al purpose(s). VIII. OCCUPANCY: Seller snail deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein - 11 Property IS intendxl errnethere0and4he . F�- epene�gtega�lire�e. Isked- knee- tOAropenyk-4GGuparc* shalbs;saPl in isinteneneefram the! Me. and shall be deenriedto hay&eeeliifstodPfcPoflt�exks*��ncy IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed pro- visions of this Contract in conflict with them. X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer p may assign and thereby be released from any further Ilabhity under this Contract; 7 may assign but not be released from liability under this Contract; or f4 may not assign this Contract. XI. DISCLOSURES: (a) The Property may be subject to unpaid special assessment lien(s) imposed by a public body ( "public body' does not include a Condominium or Homeowners' Association). Such hern(s), If any, whether certified, confirmed and ratified, pending or payable in installments, as of Closing, shah be paid as follows: O by Salter at dosing a by Buyer (If left blank, then Seller at Closing). If the amount of any � assessment to be paid by Seller has not been finally determined as of Closing, Seller shall be charged at Closing an amount equal to the last estimate or assessment for the improvement by the public body. (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to per- sons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found In buildings in Florida. Additional information regarding radon or radon testing may be obtained from your County Public Health unit. (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer Is concerned or desires additional information regarding mold, Buyer should contact an appropriate professional. (d) Buyer acknowledges receipt of the Florida Energy - Efficiency Rating Information Brochure required by Sedan 553.996, F.S. (e) If the Real Property includes pre -1978 residential housing, then a lead -based paint Oder Is mandatory. Q) It Seller is a *foreign person' as defined by the Foreign investment in Real Property Tax Act, the parties shall comply with that Act. (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA- TIONICOMMUNITY DISCLOSURE. (h) PROPERTY TAX DISCLOSURE SUMMAPY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BIKER MAY BE OBUGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER- SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU RAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COIXJTY PROPERTY APPRAISER'S OFFICE FOR INFOFIMAI ICN. XII. MAXIMUM REPAIR COSTS: DELETED X111. HOME WARRANTY: O Seller O Buyer Of WA will pay for a home warranty plan issued by at a cost not to exceed $ XN. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have 5 days from Effective Date ("Inspection Period') within which to have such Inspections of the Property performed as Buyer shall desire and utilities service shaft be made available by the Seller during the Inspection Period; (b) Buyer shalt be responsible for prompt payment for such Inspections and repair of damage to and restoration of the Property resulting from such inspections and this provision (b) shall survive termination of this Contract; and (c) if Buyer determines, in Buyer's sole discretion, that the Property Is not acceptable to Buyer, Buyer may cancel this Contract by delivering facsimile or written notice of such election to Seller prior to the expiretion of the Inspection Period. If Buyer timely cancels this Contract, the deposit($) paid shall be Immediately returned to Buyer, thereupon, Buyer and Seller shell be released of at/ further obligations under this Contract, except as provided In this Paragraph XIU Unless Buyer exercises the right to cancel granted herein, Buyer accepts the Property In its present physical condition, subject to any violation of governmental, building, environmental, and safety codes, restrictions or requirements and shall be responsible for any and all repairs and Improvements required by Buyer's lender. XV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract: ❑ CONDOMINIUM O VA/FHA O HOMEOWNERS' ASSN. ❑ LEAD -BASED PAINT ❑ COASTAL CONSTRUCTION CONTROL LINE ❑ INSULATION []EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) O Other Comprehensive Rider Provisions O Addenda Special Clause(s): Buyer will receive $30,000 from the Collier County Neighborhood Stabilization Program. Buyer will use 24 000 (24% of the purchase price) for principal reduction and the remaining balance of $6,000 will be used for closing costs, prepaid items, and any discount points associated with the first mortgage transaction. --The transaction shall be closed on or before one - hundred eighty (180) days of the effective date. XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ( "AS IS' Standards): Buyer and Seller acknowledge receipt of a copy of "AS IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract. FAR/BAR ASIS -2 Ray. 9107 0 2007 Florida Association of Rf LLione' and The Florida Bar AN Rights Reserved Page 2 of 5 16D9 128 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, 129 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. 130 THIS'AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS• AND THE FLORIDA BAR. 131 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a 132 particular transaction. Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining 133 positions of all Interested persons. 134 AN ASTERISKC) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED. 135` +t � 7-1-1I_ Seller Signature Below 136 (B JAMES V. HUNT (DATE) (SELLER) (DATE) 137, IQ* I — U Seller Signature Below 138 (BUYEF6AILEEN A. HUNT (DATE) (SELLER) (DATE) 139' Buyers' address for purposes of notice 3163 Poinciana Drive, Sellers' address for purposes of notice c/o CC RPM, Bldg. W, 140• Naples, FL 34116 3301 Tamiami Trail E., Naples, FL 34112 141• 239 - 793 -1611 (Cell) Phone (239) 252 -8991 Phone 142 BROKERS:- The49rekersQnelading- cooperating -brokers, 0 any) -named below- are-the - only- bfokere- entitled-to oomperaet in cenneoOO -With 143 ells- Gantraeli 144' 145 EoopraHre4kokerarH any 6H+invaraker CONVEYANCE APPROVED BY BCC: DECEMBER 1, 2009 �- ITEM 17B AND MAY 11, 2010 - ITEM 16D1 AND JUNE 28, 2011 - ITEM 16D9 DATED: �/ ATTEST: ii _�.•, DWIGHT P,::BAOCK. ;`Fe `—'., ,De uL Cje-k Attest asp.,�thsfns++ Approved as to form and legal su iciency: 1.d V- JENNIFER B. TE, ASSISTANT COUNTY ATTORNEY Property Address: 5300 17TH PLACE SW, NAPLES, FLORIDA 34116 SELLER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: Fred W. Coyle, Chairman FAR/BAR ASS-2 Rev. 9/07 02007 Fonda Association of RBntrors• and The Florida Bar Al Rights Reserved Inge 3 of 5 16D9 146 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS 147 A. TITLE INSURANCE: The Title Commitment Si be issued by a Florida licensed tale insurer agreeing to issue Buyer, upon recording of the dead to Buyer, 148 an owner's policy of tale insurance in the amount of the purchase price, insuring Buyers marketable tithe to the Real Property. subject my to matters contaied 149 in Paragraph VII and Incas to be discharged by SOW at or before Closing. Marketable tdle shat be determined according to applicable Tine Standards adopt - 150 ad by authority of The Florida Bar and In accordance with law. Buyer shelf have 5 days from date of receiving the Title Commitment to examine it, and if title is 151 found detective, ratify Seller in writing specifying calectls) which render title tmharketable. Seller shall have 30 days from receipt Of notice to remove the 152 defects, falling which Buyer shall, within 5 days after expiration of the 30 day period, deliver written notice to Seller either: (1) extending the time for a reason - 153 able period not to exceed 120 days within which Sailer shah use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall 154 be retuned to Buyer. If Buyer fails to so B ify Scher, Buyer shall be deemed to have accepted the this as h then is. Seiler shall, if We is found unmarketable, 155 use diligent effort to correct defects) within the time provided. It, after diligent effort, Seller is unable to tYney correct the defects, Boyar shah either waive the 156 detects, or receive a refund of deposit(s), thereby, releasing Buyer and Seller from all further obligations under this Contract. H Seiler Is to provide The Title 157 Commitment and h Is delivered to Buyer less than 5 days prior 10 Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt 158 to examine same in accordance with this 'AS IS' Standard. 159 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note 10 Seller shall provide for a 160 30 day grace period in the event of default it a first mortgage and a 15 day grace period if a second or lesser mortgage; shall provide for right of prepayment 161 in whole or in part without penalty; shah permit acceleration in event of transfer of the Real Property; shell require all prior hens and encumbrances to be kept 162 in good standing; shall forbid modifications of, or future advances under, prior motgags(s)I shall require Buyer to maintain policies of insurance containing a 163 standard mortgagee clause covering all improvements located on the Real Property against fre and all pails included within the term *extended coverage 164 endorsements" and such other risks and pails as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note 165 and security agreement shall be otherwise in form and content required by Seller, but Sella may only require clauses and coverage customarily found in Mon - 166 gages, mortgage notes and security agreements generally utilized by savings and ban insthuions or state or national banks located in the county wherein the 167 Real Property is located. All Personal Property and-leaseslaengoxnvayad a- assigned will, at Seller's option, be suo l to the lien of a security agreement evi- 1 E8 denced by recorded or filed financing statements o certificates of title. If a- ballucamorlgago. exceed the - periodic paymentatherson. 169 C. SURVEY: Buyer, at Buyers expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and car, 170 fled by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback 171 lies, easements, lands of others Or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect. 172 D. WOOD DESTROYING ORGANISMS: DELETED 173 E. INGRESS AND EGRESS: Seha warrants and represents that Nora is ingress and egress to the Real Property sufficient for its intended use as described 174 in Paragraph VII hereof and title to the Real Property is insurable in accordance with 'AS IS' Standard A without exception for lack of legal right of access. 135 F LEASE:6:- 6e1la- eha &et'oesl -1Ude 4erssnt- liSeNerls- u�setae6taiA SUaIaJeNer- kemaasnten- 126 pnAdumkienef- iheja+enlleaeeupeno!'. renieliete6redvawodrenl- end�oewilY9apeste- peidby 173 SI the59nM� y' - ta'��- HmWiime�'OVa Seller $effidevil,and-BUYer�eeutaat -ten' 178 WHo- ooMameuehir +(wmetron. if- the -terrilheleasoe- differ- Materially from SeNa'Sroprocontatans. Buyer may- iamieale-this- Contract -0y -delivaro9 written Virg - ;tor- CrleBing;- deivorond 006 gP all AFigFa"GaS0&40-9Uy% . 180 G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of arty financing statement, 181 claims of lion or potential lienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days imme- 162 dialey preceding date of Closing. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction 183 liens executed by all general contractors, subcon{radors, suppliers and matariainen in addition to Seller's lien affidavit setting forth the names of all such gen- 164 eral contractors, subcontractors, suppliers and mataialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a 185 construction lien e, a claim for damages have been paid or will be paid at the Closing of this Central 186 H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other dosing agent ('Closing 187 Agent designated by the party paying for title insurn)e, or, If no title insurance, designated by Seller. 188 I. TIME Calerntlar days shall be used ire computing time pwcds except periods of less than six (6) days, in which event Saturdays, Sundays and state or nation- 189 al legal holidays shall be excluded. Any lire periods provided for herein which shah end an a Saturday, Sunday, or a legal holiday shat extend to 5:00 p.m. of the 190 next business day. Time Is of the essence In this Contract. -Statutory Deed Bill of sale 191 J. CLOSING DOCUMENTS: Sell shall furnish the doed:kiiotsale: cesel flee, construction hen Wiidevt. owner's possession affidavit, assigrlrnsnteof-leas- 1g2 ee- teront- erdmortgogaeosleppWhttoro and comadive instnrrerNS. Buyer shad furNSn mortgage. mortgage note, security egreertlent and fnancing atatanatts. au e r 193 K EXPENSES: Documentary stamps on the deed and recording of ooradive instruments shah be paid try SehalAll costs of Buyers loan (whether obtains$ y 194 from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and arty mortgage assumed, 195 mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer. 196 Unless oelerwise provided by law a-ndor,4041, is-Coe raot, charges for related closing services, title search, and closing fees (Irohuding preparation of dosing 197 statement), shall be paid by the party responsible fa furnishing the title evidence in accordance with Paragraph V. 198 L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. 199 Buyer shall have the option of takng over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be 200 increased or decreased as may be required by proations to be made through day prior to Closing, or occupancy, it occupancy occurs before Closing. Advance 201 rent and security deposits will be credited to Buys. Escrow deposits had by mortgagee will be cradled to Seller. Taxes shall be prorated based on the cement 202 year's tax with due sowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current yeas mill - 203 age is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millege. ff current year's assess - 204 Mani is not available, then taxes will be prorated on prior year's tax. If there are completed Improvements on the Real Property by January 1 alt of year of Closing, 205 which imyxoverrenls were not in existence on January 1st of pror yea, then taxes shell be prorated based upon prior year's millage and at an equitable asseas- 206 ment to be agreed upon between the parties; falling which, request shah be made to the County Property Appraiser for an Informal assessment taking into 207 account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current years tax bill. 208 M. (RESERVED - purposely left blank) 209 N. INSPECTION AND REPAIR: DELETED 210 O. RISK OF LOSS: If, after the Effective Date, the Properly is damaged by fire or other casualty ('Casualty, Loss") before Closing and cost of restoration (whom 211 shall include the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase Price, cost of restoration Shall be an odigation of Seller and 212 Gosng shall proceed pursuant to the terms of this Contract, and lt restoetbn is net completed as of Closing, restoration costs wil be escrowed at Closing. If 213 the cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall will take the Property as is, together with the 1.5% or receive a refund of deposits) 214 thereby releasing Buyer and Seller from all further obligations under the Contract. Seller's sole obligation with respect to tree damage by casualty or other natu- 215 ral occumerce shelf be the cost of pruning or removal. 216 P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title agent insures adverse matters pursuant to Section 627.784 1, 217 F.S., as amended. Ine escrow and closing procedure required by INS 'AS IS' Standard shall be waived. Unless waived ss set forth above the following FAR/BAR ASIS-2 Rev. 9107 m 2007 Florida Association of Rr amns• and The Florida Bar All Rights Reserved Page 4 of 5 1609 218 -AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 219 closing procedures shall apply: (1) all closing proceeds shall be held in escrow by the Closing Agent for a period of not more than 5 days after Closing; (2) 220 a Seller's title is rendered unmarketable, through w fault of Buyer. Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shell 221 have 30 days from date of receipt of such notiicalion to cure the defect; (3) if Seller fats to timely cure the defect. all deposits and closing funds shall, upon 222 written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the Personal 223 Properly, vacate the Real Property and moc'"my the Property to Seller by Special warranty deed and bit of sale; and (4) if Buyer fails to make timely demand 224 for refund, Buyer Shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of war - 225 rembs contained in the deed or bill of sale. 226 O. ESCROW: Any Closing Agent a escrow agent (collectively "Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit 227 them promptly, hold same in escrow and, subject to clearance, disburse them In accordance with terms and conditions of this Contract. Failure of finds to 228 clear shah not excuse Buyers performance. If in doubt as to Agent's duties or liabilities under the provisions of this Contract. Agent may, at Agents option, con - 229 tine to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgment of a court of competent jurisdiction shall 230 determine the rights Of the parties. Or Agent may depose seine with the Clark of the circuit court having jurisdiction of the dispute. An attorney who represents 231 a party and also acts m Agent may represent such party in such action. Upon rotlfying all parties concerned of such action, all liability on the part of Agent 232 shall fully terminate, except to the extent of accounting for arty, items previously delivered out of escrow. If a licensed real estate b(oker, Agent will comply with 233 provisions of Chapter 475, F.S.. as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in 234 any suit wherein Agent Interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to 235 be pad from and out of the escrowed funds a equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable 236 to any party a person for rrisdelivery to Buyer or Seller of items subject to the escrow, unless such misde>livery is due to wilhl breach of the provisions of this 237 Contract or gross negligence of Agent. 238 R. ATTORNEY'S FEES; COSTS: In any litigation, flooding breach. enforcement a interpretation. wising out of this Contract, the prevailing party in such liti- 239 gation, which, for purposes of this 'AS IS' Standard, shall include Seller, Buyer and arty, brokers acting in agency or noragancy relationships autfroriied by 240 Chapter 475, F.S.. as amended, shall be entitled to recover from the non - prevailing part reasonable attorney's fees, costs and expenses. 241 S. FAILURE OF PERFORMANCE If Buyer fails to pedant this Contract wahn the lime specified, including payment of all deposits, the daposa(s) paid by 242 Buyer and deposil(s) agreed to be pad, may be recovered and retained by and lot the account of Seller as agreed upon liquidated damages, consideration for 243 the execution of this Contract and in full settlement of any claims: wha Out Buyer art Seller sha% be relieved of all obligations under this Contract; or Seller, 244 at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. a for any reason other than failure of Seller to make Seller's title mar - 245 ketable after diligent effort. Seller fails, neglects or refuses to Worm this Contract. Buyer may seek specific performance or elect to receive the return of Buyers 246 deposits) without thereby waiving any action for damages resulting from Seller's breach. 247 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any notice of it shall be recorded in coy public records. 248 This Contract shall bind and inure to the benefa of the parties and their successors in nl fest. Whenever the context permits, singular shall include plural and 249 one gentler shall include all. Notice and delivery given by or to the attorney or broker repreaming any party shall be as effective m a given by a to that party. 250 All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile or electronic (including'pdn copy of this 251 Contract and any signatures hereon shall be considered for all purposes as an Original. 252 U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty;- trustee)&; personal MINFOSeruetiva'gsr 9usr61ans deed. as 253 appropriate to the status of Seller, subject orgy to matters contained in Paragraph VII and those otherwise accepted by Buyer, Personal Property shell, at the 254 request of Buyer, be vensferred by an absolute bill of sale with warranty of tale. subject only to such matters as may be otherwise Provided for herein. 255 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No mod - 256 itcatien to or charge in this Contract shall be valid a binding upon the parties unless in writing and exerted by the parties Intended to be bound by a. 257 W. SELLER DISCLOSURE: (1) Thane are n facts known to Seller materially affecting the value Of the Property which are not rental observable by Buyer or 258 which have not been disclosed to Buyer: (2) Seller extends and intends no warranty and makes no representation of any type, either express a' Implied, 259 as to the physical condition or history of the property; (3) Seller has received no written Or verbal notice from silly governmental entity or agency as 250 to a currently uncorrected budding, environmental or safety code violation; (4) Seller has no knowledge of any repairs or improvements made to the 261 Property without compliance with governmental regulation which have not been disclosed to Buyer. 262 X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, Including, 263 but not limited to lawn, shrubbery, and pool in the condition existing as of Effective [late, ordinary wear and tear and Casualty Loss excepted. Seller shall, upon 264 reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including a walk - through prior to Closing, to confirm that 265 all items Of Personal Property are on the Real Property and that the Property has been maintained as required by this "AS IS' Standard. Seller will assign all 266 assignable repair and treatment contracts and warranties to Buyer at Casing. 267 Y. 1031 EXCHANGE7f- else / seller- er6eYarwill +401011ternlOalkCkindexehange �etPef- eimusaneouewithhl�leeir+ g- er- eklamdi+vth- r%peat- taitaprapeaY 268 unegeSeetgniO3:- of- the- Igternal- Revenle- f %de{'Fir<V�arega3; -se �g ooepaallp- parlY- sh[Nkinoa -no' Wait � 279 271 Z. BUYER WAIVER OF CLAIMS: Buyer waives arty claims egainat Serer and, to the extent permitted by law, egainslawty� arvoNed 272 in the negotiation of the Contract, for any defects or other damage that may exist at Closing of the Contract and be subsequently discovered by the 273 Buyer or anyone claiming by, through, under or against the Buyer. FAR/BAR ASIS -2 Rev. 9/07 02007 Fiords Association of RrutOre and The Rorida Bar All Rights Reserved Page 5 of 5 1609 NEIGHBORHOOD STABILIZATION PROGRAM Property Address: 5300 17th Place SW, Naples, FL 34116 Folio Number: 36250440002 STATUTORY DEED THIS STATUTORY DEED, made this 51h day of \::01 y 2011, by COLLIER COUNTY, a Political Subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, hereinafter called the Grantor, to JAMES V. HUNT and AILEEN A. HUNT, a married couple, whose mailing address is 3163 Poinciana Drive, Naples, Florida 34116, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) 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: To wit. LOT 5, BLOCK 178, GOLDEN GATE, UNIT FIVE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGES 117 TO 123, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A/K/A: 5300 17TH PLACE SW, NAPLES, FLORIDA 34116 Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by its Board of County Commissioners acting through its Chairman, the day and year aforesaid. This Conveyance Approved by BCC: December 1, 2009 — Item 17B and May 11, 2010 - Item 16D1 and June 26, 2011 - Item 16D9 ATTEST: DWIGHT E. BRQ�K,-Clerk l( Attest.4% t0 CbQebutv_�trk (Zinn tC6l ll�9> Approved as to form and legal sufficiency: � \ By: \ 1 t� �� Jennifer Bit rte, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA,�,� By: FRED W COYLE, Chairman 1' 2' 3 4 5 6' 7' 8' 9 10 t1 12 13 14' 16D9 PARTIES:COLLIER COUNTY, a Political Subdivision of the State of Florida ( "Seller'). and GEORGINA MONTELL NAVARRO, a single woman pMeyer ), hereby agree that Seger shall sell and Buyer shag buy the fedowing described Real Property and Personal Property (collectively "Property") pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ( "Contract "): I. DESCRIPTION: (a) Legal description of the Real Property located In COLLIER County. Florida: Lot 9. Block 223, Golden Gate unit 6 Part 1 , recorded in Plat Book 9 Pages 1 through 7 Collier County, Florida. (b) Street address, city, zip, of the Property: 5410 26th Avenue SW, Naples, Florida 34116 (c) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), telling fan(s), light fixture(s), and window treatment(s) unless Specifically excluded below. Other Items Included are: Microwave, washer 5 Dryer from previous owner, Central A /C, Pool pumps and filters, and Garage Door opener. Items of Personal Property (and leased items, it any) excluded are: _ Not Applicable 15 H. PURCHASE PRICE (US. currency): $ 110, 000.00 ......................... ............................... 16 PAYMENT: Stewart Title Co. 1,000.00 1 T (e) Deposit held n escrow by ( "Escmw, Agerrt'7 in the amount of (checks subject to clearance) $ 18" Escrow AgexxS address ssss nm;am; T,. - -. rv., Sui[e A, Naples, FL ]9101 _Phone: 239 -362 -0163 19' (b) Additional escrow deposit to be inade to Escrow Agent within 45 days after Effective Dale in the amount o1.......... $ 2, 300.00 20' (cl Financing in the amount of (`Loan Amount ") see Paragraph IV below ..... ............ ... ........... ......... $ e l , 400 . 00 21' id)Olher.`.`.SEE,LI,NE$_ 115 THROUGH,117.. _. _ , .. ............ $ 25,300.00 .. ...................... , 22 (e) Balance to close by cash, wine transfer or LOCALLY DRAWN cashierk or official bank check(s), subject 23' to adjustments or proration ..... ............................... _ ... ........ ................. .... ..... ..... $ o . 00 24 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE: 25 (a) If this otter is not executed by and delivered to all parties OR FACT OF EXECUTION communicated In writing between the parties on or 26' before 15 days the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. Unless other 27 wisastatedrthe- timefer- aooeptsncaef a+ry cOUntertttiers- eheN- be- 2- days 4rern- iHadateahe- ceuntereff�is- tlefivered, 28 (b) The date of Contract ( "Effective Date) will be the date when the last one of the Buyer and Seller has signed or initialed this offer or the 29 final counteroffer. V such date is not otherwise set forth in this Contract, then the "Effective Date" shall be the date determined above for 30 acceptance of this otter oNtappiisable, the -f naloouRlemffeF. 31 IV. FINANCING: 32' O (a) This is a cash transaction with no contingencies for financing; 33' ® (b) This Contract is contingent on Buyer obtaining written loan commitment which confrms underwrlling ban approval for a ban to purchase 34' the Properly ( "Loan Approval') within _ days m blank, then 30 days) after Effective Date ( "Loan Approval Date) for (CHECK ONLY 35' ONE): Ci a faced; O an adjustable or O a fixed or adjustable rate loan, in the Loan Amount (See Paragraph IL(c)) at an initial interest rate rat to 36' exceed 6 . 00 %, and fora tern of 3 0 —years. Buyer will make application within _days ilm blank, then 5 days) after Effective Date. 37 BUYER: Buyer shall use reasonable diligence to: obtain Loan Approval; notify Seller in writing of receipt of Loan Approval by Loan Approval 38 Date; satisfy terms of the Loan Approval; and dose the ben. Loan Approval which requires a condition related to the sale of other property shad 39 not be deemed Loan Approval tot purposes of this subparagraph Buyer shall pay all ban expenses. Buyer autforaes the mortgage broker(s) and 40 lenclar(s) to disclose information regarding rte conclitbris, status, and progress of ban application and Loan Approval to Seller, Seller's attorney, 41 real estate licensee(s), and Closing Agent. 42 SELLER: If Buyer does not deliver to Seller written notice of Loan Approval by Loan Approval Date, Seller may thereafter cancel this Contract by 43 delivering written notice ( "Seller's Cancellation Notice') to Buyer, but not later than seven (7) days prior to Closing. Sellers Cancellation Notice shall 44 notify Buyer that Buyer has throe (3) days to deliver to Seller written notice waiving this Financing contingency, or the Contract shall be cancelled. 45 DEPOSIT(S) (for purposes of this Financing Paragraph W b) only): If Buyer has used reasonable diligence but does not obtain Loan Approval 46 by Loan Approval Date, and thereafter either party elects to cancel this Contract, the deposit(s) shall be returned to Buyer. If Buyer obtains Loan 47 Approval or waives this Financing contingency, and thereafter the Contract does not close, then the deposits) shag be paid to Seger, provided how - 48 - ever, it the failure to close is due to: () Seller's failure or refusal to close or Sager otherwise tags to meal the terms of the Contract, or (11) Buyer's lender 49 fails to receive and approve an appraisal of the Property in an amount sul6clent to meet the terms of the Loan Approval, then the deposit(s) shag be 50 returned to Buyer. 51' ❑ (c) Assumption of existing mortgage (see rider for terms); or 52' ❑ (d) Purchase money note and mortgage to Seller (see "As Is" Standards B and K and riders; addenda; or special clauses for terms). 53' V. TITLE EVIDENCE: At least 5 days (If dank, than 5 days) before Closng a title Insurance commitment with legible copies of hstruments listed as 54 exceptions attached thereto ('Tile Commitment') and, after Closing, an owner's policy of title insurance (see Standard A for tortes) shell be obtained by: 55' (CHECK ONLY ONE): ❑ (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney: or 56' p (2) Buyer at Buyer's expense. 57' (CHECK- HERE)i Q if se; abstract -ef- title -is -to baiarnisl+ed- instead all title . 58' VI. CLOSING DATE: This transaction shall be dosed and the closing documents delivered on + +4R2 T.TNF 11 a ( "Cbsingl, unless 59 rmocifled by orar provisions; of this Contract. In the event of extreme weather or, other conditions or events constituting "farce rrajeue ", Closing wig be 60 extended a reasonable time until; Ot restoration of uti ties and other services essential to Closing, and 00 availabYty of Hazard, Wind, Flood, or Homeowners' 61' insurance, 0 such conditions continue more ran _ days (If blank, then 14 days) beyord Closing Date, then either party may cancel this Contract. FAR/BAR ASIS -2 Rev. 9/07 02007 Florida Association of RFAtrorse and The Florida Bar All Rights Reserved Pawl of 6 62 53 64 65 66 67* 68* 69 7e 7.1 72 73 74 15* 76* 77 78 79 Bo* 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98* 99* 100* 101 102 103 104 105 106 107 108 109 110 111 112* 113* 114* 115* 116* 117* 118* 119* 120* 121* 122* 123* 124* 125* 126 127 1609 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements Imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; unplatted public utW easements of record (located contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet In width as to the side lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, If any fif additional items, see addendum); provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property for residential purpose(s). VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. if Pwpogy is Wends n9;errna thereetand ihe- tenentle)eroecupants- " Standard - boforoGbe' 4r~ a��aasf�ahall- beresPcxhsibleaadJ'iabk 9haveaeee9tad W opertl'�niF� X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed pro- visions of this Contract in conflict with them. X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer O may essi n and thereby be released from any further liability under this Contract; 0 may assign but not be released from liability under this Contract; or F9 may not assign this Contract. XI. DISCLOSURES: (a) The Property may be subject to unpaid special assessment lien(s) Imposed by a public body ( "public body' does not include a Condominium or Homeowners' Association). Such Ilen(s), R any, whether certified, confirmed and ratified, pending, or payable in installments, as of Closing, shall be paid as follows: 0 by Seller at closing CY by Buyer pf left blank, then Seller at Closing). It the amount of any assessment to be paid by Seiler has not been finally determined as of Closing, Seller shall be charged at Closing an amount equal to the last estimate or assessment for the improvement by the pubic body. (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to per- sons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found In buildings in Florida. Additional Information regarding radon or radon testing may be obtained from your County Pubic Health unit. (c) Mold is naturally occurring and may cause health dsks or damage to property. If Buyer is concerned or desires additional information regarding mold, Buyer should contact an appropriate professional. (d) Buyer acknowledges receipt of the Florlda Energy - Efficiency Rating Information Brochure required by Section 553.996, F.S. (e) If the Real Property includes pre -1978 residential housing, than a lead -based paint Oder Is mandatory. (1) If Sella is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act. (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA- 71OWCOMMUNITY DISCLOSURE. (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANCE OF OWNER - SHPOR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY OUEST10NS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. XII. MAXIMUM REPAIR COSTS: DELETED XIII. HOME WARRANTY: O Seller O Buyer CY WA will pay for a tome warranty plan issued by at a cost not to exceed $ XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have s days from Effective Date ( "Inspection Period ") within which to have such inspections of the Property performed as Buyer shall desire and utilities service shall be made available by the Seller during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such Inspections and repa/r of damage to and restoration of the Property resulting from such inspections and this provision (b) shall survive termination of this Contract, and (c) it Buyer determines, In Buyers sole discretion, that the Property Is not acceptable to Buyer, Buyer may cancel this Contract by delivering facsimile or written notice of such election to Seller prior to the expiration of the Inspection Period. If Buyer timely cancels this Contract, the deposits) paid shall be immediately returned to Buyer, thereupon, Buyer and Seller shall be released of all further obligations under this Contract, except as provided In this Paragraph XIV. Unless Buyer exercises the right to cancel granted herein, Buyer accepts the Property In its present physical condition, subject to any violation of governmental, building, environmental, and safety codes, restrictions or requirements and shelf be responsible for any and all repairs and Improvements required by Buyer's lender. XV RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract: 0 CONDOMINIUM OVA/FHA O HOMEOWNERS' ASSN. O LEAD -BASED PAINT O COASTAL CONSTRUCTION CONTROL LINE 0 INSULATION []EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) 0 Other Comprehensive Rider Provisions D Addenda Special Clause(s): * *Buyer will receive $33,000 from the Collier County Neighborhood Stabilization Program. Buyer will use 37 of the our hase price)for p 'nc'p 1 reduction and the remaining balance of $7,700 will be used for closing costa, prepaid items, and any discount points associated with the first mortgage transaction. * *The transaction shall be closed on or before one- hundred eighty i1Be) days of the effective date. XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ( "AS IS" Standards): Buyer and Seller acknowledge receipt of a copy of "AS IS" Standards A through Z on the reverse side or attached, which are Incorporated as part of this Contract. FAR/BAR ASIS -2 Rev. 0107 02007 Florida Association of Rv TO e" and The Florida Bar AN Rights Reserved Page 2 of 5 128 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, 129 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. 130 THIS 'AS IS,, FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. 131 Approval does not constttute an opinion that any of the terms and conditions In this Contract should be accepted by the parties in e 132 particular transaction. Terms and conditions should be negotiated based upon the respective Interests, objectives and bargaining 133 positions of all Interested persons. 134 AN A KC QL A LINE NUMBER IN THE M GIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED. 135' - seller Signature Below 136 (BUYER)GEORG A MON LL NAVARRO ( ATE) 7 (SELLER) (DATE) 137' Seller Signature Below 138 (BUYER) (DATE) (SELLER) (DATE) 139' Buyers' address for purposes of notice 4537 CORAL PALMS LANE, Sellers' address for purposes of notice c/o RPM, 3353 Tamiami 140• #8, NAPLES, FL 34116 _ Trail East, Suite 101, Naples, FL 34112 -5356 141• CELL - 239 - 601 -8259 Phone (239) 252 -8991 Phone 142 BROKERS - Th - brokers- QnsludiRg separating- brokers, -if any) Marred blow- are4he- onyk3rekera- entRled- to- compensatler"neonnec0on with 443 this- Gentr8et- T44' Name-..._ _. _....... 145 COoperatmeanskersrif.eny L1etW4VBroker CONVEYANCE APPROVED BY BCC: DECEMBER 1, 2009 - ITEM 17B AND MAY 11, 2010 - ITEM 16DI AND JUNE 28, 2011 - ITEM 16D9 DATED: I/5L'�161/ ATTE *:p DWIGHT E. BROCK �r SELLER: BOARD OF COUNTY COMMISSIONERS COLLIEZ CoYNTY. FLORIDA BY: Fred W. Coyle, Chairman �4gntty�R qp+,�c Approved as to form and legal sufficiency: BY Jennifer bite, Assistant County Attorney Property Address: 5410 26th Avenue SW, Naples, Florida 34116 FARIBAR ASIS -2 Rev. 9107 02007 Fiends Association of REALToW and The Florida Be, Al Rights Reserved Page 3 of 5 146 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS 147 A TITLE INSURANCE: The Title Commitment shall be Issued by a Florida Ycer>sed this insurer agreeing to issue Buyer, upon recording of the dead to Buyer, 148 an owners policy of title insurance in the amount of the purchase price, insuring Buyers marketable title to the Reel Property, subject only to matters contained 149 in Paragraph VII and those to tx3 discharged by Seller at or before Closing. Marketable title shall be determined according to applicable Title Standards adopt - 150 ed by authority of The Ponds Bar and In accordance with law. Buyer shat have 5 days from date of receiving the Title Commitment to oxen** it, and if title is 151 found detective, Wily Seller in writing specifying defect(s) which render title unmarketable. Seller shall have 30 days from receipt Of notice to remove the 152 defects, failing which Buyer shell, within 5 days aftor expiration of the 30 day period, darter written notice to Seller either: (1) extending the time for a reason - 153 able period not to exceed 120 days within which Seller shall use diligent effort to remove the defects: or (2) requesting a refund of deposits) paid which shall 154 be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall he deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, 155 use digest effort to correct defect(s) within the time provided. If, after diligent effort, Seller is unable to limey correct the defects, Buyer shall either waive the 156 defects, or receive a refund of deposals), thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller is to provide the Title 157 Commitment and it is delivered to Buyer less than 5 day's prior to Closing. Buyer may extend Closing so that Buyer shall have up to 5 days from sate of receipt 156 to examine Same in accordance with this 'AS IS" Standard. 159 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shell provide for a 160 30 day grace period In the event of default it a twat mortgage and a 15 day (pace period 4 a second or lesser mortgage; shall provide for right of prepayment 161 in whole or in pert without penalty; shall permit acceleration in event of transfer of the Real Property; shall require all prior liens and encumbrances to be kept 162 in good standing; shall forbid modifications d, or future advances under, prior mortgage(s); shall require Buyer to maintain policies of insurance containing a 163 Standard mortgagee clause covering all improvements located on the Real Property against fire and ear perils included within the tern 'extended coverage 164 endorsements" and such other risks and penis as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note 165 and Security agreement shall be otherwise In form and content required by Seller, but Seller may only require clauses and coverage customarily found in mod - 165 gages, mortgage notes and security agreements generally utilized by savings and loan institutions or stale or national banks located In the county wherein the 167 Real Property is located. All Personal Property will, at Sailers option, be subject to the fan of a security agreement evt- 166 domed by recorded or filed financing statements or certificates of tale. Ifs- balkxmrmongage, the fine!- paymem-Mlia coed- the- pwodiGpayraemis-thersom, 169 C. SURVEY: Buyer, at Buyers expense, within time Slowed to deliver evidence of title and to examine same, may have the Real Property surveyed and com- 170 fled by a registered Florida surveyor. if the survey diaUoses erlaoacanenis on it* Real Property or that improvements located thereon encroach on setback 171 lines, easements, lands of others or violate any restrictions, Convect covenants or applicable governmental regulations, the same shall constitute a title defect. 172 D. WOOD DESTROYING ORGANISMS: DELETED 173 E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its ntenrled use as described 174 in Paragraph VII hereof and title to the Real Property is insurable in accordance with "AS IS' Standard A without exception for lack of legal right of access. 175 F. fere6leeinf}- i- te-Bv/areepiea of-aN 135 awTdaretier+- et- ihaTeeent'a doeupamel•remtd + atea: advur+e6d cent- and- aeeuriry '-0epesrta-I1a161�}- temam -tl- letterfram each -tem- 17-7 3hdtibaTUrrlenadby Seller - teBuyor-wiEpn'that tkne ter. 138 wi"Ooonfien 9riniornotorr. litho formal the -bases diffor matoeially- ffom8ollefkroprosontatierw ;.Buyer -may terminatetilie Galiractby- delivering - written 179 i :et- Chang- delWer-[ whd- aseigm 'oN'en9iral- IaesosJe'Ruyee 180 O. LIENS: Seiler shall furnish to Buyer at time of Closing an affc avit attesting to the absence, unless onorwiso provided fa herein, of any financing statement, 181 claims of hen or potential lierors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days 9=8- 182 diately preceding date of Closing. If the Real Property has been improved or repaired within that time Seller shall deliver releases or waivers of construction 183 liens executed by all general contractors, subcontractors, suppliers and materialmen in addition :o Sellars lien affidavit setting forth the names of all such gen- 184 eral contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a 165 construction lien or a Gam for damages have been paid or will be paid at the Closing of this Contract. 186 H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is boated at the office of the attorney or other closing agent ('Closing 187 Agent") designated by the party paying fa title insurance, or, if no little insurance, designated by Seiler. 186 I. TIME: Cai talar days shall be used in computing time periods except periods of less than six (6) days, in which event Saturdays. Sundays antl state or nation- 189 at legal holidays shat be excluded. Any time periods provided for heroin which shah end on a Saturday, Surday, or a Legal holiday shall extend to 5:00 p.m, of the 190 next business day. Time is of the essence in this Contract. *Statutory Deed, Bill of Sale 191 J. CLOSING DOCUMENTS: Sete shall furnish the coed;FxlLet e,-certAloateafti le, construction lien affidavit, owner's possession affidavit, aesignmomtsd leas IW ee, tamers - and- rtharlgopce- aeteppel -baoro and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement and financing statements. 193 K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by 6elor.'All costs of Buyers ban (whether obtained `Buyer 194 from Seller or third party), including, but not limited to, documentary stamps and intangible tax or1 the purchase money mortgage and any mortgage assumed 195 mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer. 196 Unless otherwise provided by law Of-ridaHegltisCemrac, charges for related casing services, We search, and closing fees (including preparation of closing 197 statement), shall be paid by the party responsible fa furnishing the title evidence in accordance with Paragraph V. 198 L. PRORATIONS; CREDITS: Taxes, assessments, rent, merest, insurance and olner expenses of the Property shat be prorated through the day before Closing. 199 Buyer shall have the Option of taking over existing policies of Insurance, a assumable, in which event premiums shall be prorated. Cash at Closing shall be 200 increased a decreased as may be required by proratuns to be made through day prior to Closing, a occupancy, s occupancy occurs before Closing. Advance 201 rent and security deposits will be credited to Buyer, Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current 202 years tax with due allowance made fa maximum allowable discount. homestead and other exemptions. If Closing occurs at a date when the Currant years mill - 203 age is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior years milege. a current years assess - 204 meet is not available, then taxes will the Prorated on prior year's tax. If there are completed improvements on the Rawl Property by January 1 st of year of Closing, 205 which improvements were not in exstence on January 1 at of prior year, than taxes shall be prorated based upon prior yeas millage antl at an equitable assess - 206 ment to be agreed upon between the parties: failing which, request shell be made to the County Property Appraiser for an informal assessment taking into 207 account available exemptions. A tax proration based on an estimate shall, at request of either party. be readjusted upon receipt of current years tax bit. 208 M. (RESERVED - purposely left blank) 209 N. INSPECTION AND REPAIR: DELETED 210 O. RISK OF LOSS: If, after the Effective Date, the Property is damaged by fire or other casualty ('Casuaxy l before Closing and cost of restoration (which 211 shall include the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase Price, coal of restoration shah be an obligation of Seller and 212 Closing shall proceed pursuant to the terms of this Contract. and a restoration is not Completed as of Closing, restoration costs will be escrowed at Closing. if 213 the cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall sale take the Prop" as is, together with the 1.5% a receive a refund of deposals) 214 thereby releasing Buyer and Seiler from all further obligations under the Contract. Seller's sole obligation with respect to free damage by casualty a other ratu. 215 ral occurrence shall be the cost of pruning or removal. 216 P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. It the title agent insures adverse matters pursuant to Section 627.7641, 217 FS., as amended the escrow and closing procedure required by this 'AS IS' Standard shall he waived. Unless waived as set forth above the following FAWBAR ASIS -2 Rev. 9/07 02007 Florida Association of R[ ooas• and The Florida Bar All Rights Reserved Page 4 of 5 218 eAS IS- STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 219 closing procedures shall apply: (1) all closing proceeds shall be held in escrow by the Closing Agent for a period of not more then 5 days after Closing; (2) 220 it Seller's title is rendered unmarketable, through no fault of Buyer. Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall 221 have 30 days from date of receipt of such notification to cure the defect; (3) if Seller fails to timely cure the defect, all deposits and closing funds shall, upon 222 written demand by Buyer and within 5 days after demand, be returned to Buyer and, simuheneousty with such repayment, Buyer shall return the Personal 223 Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) If Buyer falls to make timely demand 224 for refund. Beyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of war - 225 remelt Contained in the deed or bill of sale. 226 O. ESCROW: Any Closing Agent or escrow agent (collectively "Agent-) receiving funds or equivalent is authorized and agrees by ecceptanoo of them to deposit 227 them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this Contract. Failure of funds to 228 clear shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of this Contract. Agent may, at Agent's option, con - 229 tinua to hold the subject matter of the escrow until the parties hereto agree to as disbursement or until a judgment of a court of competent jurisdiction shah 230 determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents 231 a parry and also acts as Agent may represent such parry in such action. Upon ratVng tip parties concerned of such action, all liability on the part of Agent 232 shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent we comply with 233 provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in 234 arty suit wherein Agent nterpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to 235 be paid from and out of the escrowed aids or equivalent and charged and awarded as court costs in favor of the prevailing parry. The Agent shall not be lade 236 to any party a person for misdehvery to Buyer Or Seller of Items subject t0 the escrow, unless such miscolivery Is due to wilful breach of the provisions of this 237 Contract or gross negligence of Agent 238 R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement of interpretation, arising out of this Contract. to prevailing party in such liti- 239 gation, which, for purposes of this "AS IS" Standard, shall Include Seller, Buyer and any brokers acting in agency or nonligency relationships authorized by 240 Chapter 475, F.S.. as amended, shall be entitled to recover from the non- prevailhug parry reasonable attorneys lees, costs and expenses. 241 S. FAILURE OF PERFORMANCE: If Buyer fails to perform INS Contract within fro time specified, including payment of all deposits, the deposits) paid by 242 Buyer and deposits) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for 243 the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract or Seller, 244 at Sellers option, may proceed in equity t0 enforce Sellers rims under this Contrea. If for any reason other than failure of Seller to make Seller's I4Ie rer- 245 ketable after diligent effort. Seller fails, neglects or refuses to perform Reis Contract, Buyer may seek specific performance or elect to receive the return of Buyer's 246 deposits) wilh01A thereby waiving any action for damages resulting from Seller's breach. 247 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES; Neither this Contract nor arty notice of s shall be recorded in any public records. 248 This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the content permits, singular Shat include plural antl 249 one gender shall include all. Notice and delivery given by or to the attorney or broker representing any party shah be as effective as 4 given by or to that party. 250 All notices must be in writing and may be made by n i, personal delivery or electronic media. A legible facsimile or electronic ( including 'pdf*) copy of this 251 Contract and any signatures hereon shall be concerted for all Purposes as an Original. 252 U. CONVEYANCE: Seller shall convey marketable Iitle 10 Ina Real Property by statutory werfaiRtyr4ruetees, pensatel -r deed, as 253 appropriate to the status of Seller, subject only to matters Caltaired in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at the 254 request of Buyer, be transferred by an absolute din of sale with warranty of tale, subject only to such matters as may W otherwise provided for herein. 255 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No mod - 256 ificellon to or charge in this Contract shall be valid a binding upon the parties unless in writing and executed by the parties intended to be band by it. 257 W. SELLER DISCLOSURE: (1) There are no facts known to Seller materially affecting the value of the Properly which we not readily observable by Buyer or 258 which he" not been disclosed to Buya; (2) Seller extends and intends no warranty and makes no representation of any type, tither expross or implied, 259 as to the physical condition or history of the Property; (3) Seller has received no written or verbal notice from airy governmental entity or agency as 260 to a currently uncorrected building, environmental or safety code violation; (4) Seller has no knowledge of any regain or improvements made to the 261 Property without compliance with governmental regulation which have not been disclosed to Buyer. 262 X. PROPERTY MAINTENANCE: PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shah maintain the Property, including, 263 but not limited to lawn, shrubbery, and pool in the conditgn existing as of Effective Date, ordinary wear and tear and Casualty Loss excepted. Seller shall, upon 264 reasonable notice, provide utilities service and access to the Property for appraisal and inspections nclWing a walk- through prior to Closing, to confirm that 265 all items of Personal Property we on the Real Property and that the Property has been maintained as required by this "AS IS" Standard. Seller will assign all 266 assignable repair and treatment contracts and warrantes to Buyer at Closing. '11h Gja 67 ' h4g3TEXCHANGErgertf +er- �ioonterinto -e- like- klndESr IRg-a. 268 eRdar Sestien-t03>- ©14Rak��ede( '3; the olner enY-s eooparate reasemble sepests is rwWud' 269 . and (2) 1he Closing Shall 4911 be 270 crnik+ 9enlupork *+d- Uganda d-er6elaYed- oY��9e 271 Z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by law, against ally mal estate thiemee-4,volved 272 in the negotiation of the Contract, for any defects or other damage that may exist at Closing of the Contract and be subsequently discovered by the 273 Buyer or arryone claiming by, through, under Or against the Buyer. FARMAR ASIS-2 Rev. 9107 02007 Florida Association of RF Tt m and The Florida Ber All Rights Reserved Page 5 of 5 16D9 NEIGHBORHOOD STABILIZATION PROGRAM Property Address: 5410 26th Avenue SW, Naples, FL 34116 Folio Number: 36384240000 STATUTORY DEED THIS STATUTORY DEED, made this � 1` day of \:Z41- L/ , 2011, by COLLIER COUNTY, a Political Subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, hereinafter called the Grantor, to GEORGINA MONTELL NAVARRO, a single woman, whose mailing address is 4537 Coral Palms Lane #8, Naples, Florida 34116, hereinafter called the Grantee. (Whenever used herein the terms "Grantor' and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) 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: To wit: LOT 9, BLOCK 223, GOLDEN GATE UNIT 6, PART 1, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 9, PAGES 1 THROUGH 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A/K/A: 5410 26TH AVENUE NE, NAPLES, FLORIDA 34116 Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by its Board of County Commissioners acting through its Chairman, the day and year aforesaid. This Conveyance Approved by BCC: December 1, 2009 — Item 17B and May 11, 2010 - Item 16D1 and June 28, 2011 - Item 16D9 ATTEST: DWIGHT E. BROCK, Clerk y tLtst as La— !��hgpl (OFFII i L SEAL) Approved as to form and legal sufficiency: By: Jennifer B. ite, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 7 h By: `ter". W FRED W. COYLE, Chairman 16091 NEIGHBORHOOD STABILIZATION PROGRAM Property Address: 5410 26th Avenue SW, Naples, FL 34116 Folio Number: 36384240000 BILL OF SALE THIS BILL OF SALE evidencing the sale and copygAnce of furniture, fixtures, furnishings, appliances and equipment described herein is made this 5 day of s—D ti. t 2011, by COLLIER COUNTY, a Political Subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (hereinafter referred to as "Grantor "), and GEORGINA MONTELL N"ARRO, a single woman, whose address is 4537 Coral Palms Lane #8, Naples, Florida 34116, (hereinafter referred to as "Grantee "). WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Grantee, and the Grantee's successors and assigns forever, certain furniture, fixtures, furnishings, appliances, equipment and other personalty located upon those lands and premises conveyed on this date by Grantor to Grantee lying and being in Collier County, Florida and known as 5410 26th Avenue SW, Naples, Florida 34116. Those items of personalty conveyed hereby are listed on Exhibit "A" attached hereto and incorporated by reference herein. Grantor warrants that Collier County is the lawful owner in every respect of all of the personalty described in Exhibit "A" attached hereto and that it is free and clear of all liens, security agreements, encumbrances, claims, demands, and charges of every kind whatsoever. Grantor binds Grantor, and its successors and assigns, to warrant and defend the title to all of the personalty described in Exhibit "A" attached hereto to Grantee or Grantee's successors and assigns, forever against every person lawfully claiming the described property or any part of it. THE PERSONALTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO IS SOLD "AS -IS" WMOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION OF SUCH PROPERTY. BY ACCEPTING THIS BILL OF SALE, GRANTEE(S) REPRESENTTHAT GRANTEE(S) HAVE PERSONALLY INSPECTED THE DESCRIBED PROPERTY AND ACCEPTS THE PROPERTY "ASAS ". IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by its Board of County Commissioners acting through its Chairman, the day and year aforesaid. ATTEST: DWIGHT F. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA L W X By: �tteSL i►iOS►� �1►,2RNk 4 FRED W. COYLE, Chairman -y fgnatu►v;.on � Approved as to form and legal suffciency:\�`y pv \1 \J YV Jennifer B. White!pAssistant County Attorney 16D9 NEIGHBORHOOD STABILIZATION PROGRAM Property Address: 5410 26th Avenue SW, Naples, FL 34116 Folio Number: 36364240000 EXHIBIT "A" Refrigerator Range Dishwasher Microwave Washer & Dryer (from previous owner) Central Air Conditioning Pool Pumps and Filters Garage Door Opener NEIGHBORHOOD STABILIZATION PROGRAM Property Address: 541 D 26th Avenue SIN, Naples, FL 34116 Folio Number: 36384240000 TRANSFER OF UTILITIES ACKNOWLEDGEMENT AND AGREEMENT Seller: Collier County, a Political Subdivision of the State of Florida Buyer: GEORGINA MONTELL NAVARRO Property Address: 5410 26TH AVENUE SW, NAPLES, FL 34116 The undersigned understand and acknowledge that Collier County will maintain the utilities for the above named property for a maximum of 48 hours (excluding weekends and holidays) after the closing of title to the property. Further, the undersigned understand that if they do not transfer the above mentioned utilities into their name within 48 hours, the utilities will be turned off. Any reconnect fees that may be charged by the utility company will be the responsibility of the undersigned. Please note that the undersigned will be responsible for any damage resulting from lack of power to the property, and that Collier County cannot be held liable for any damage to the property or landscaping resulting from lack of power including, but not limited to, damage to floorings, walls and wall coverings, baseboard and trim moldings, or personal belongings caused by mold, mildew, poor indoor air quality or other conditions that may be present. Please use the contact information below to have services transferred into your name: Electricity— Florida Power & Light Company (FPL) (800) 375 -2434 or (239) 262 -1322 Water & Sewer - - -- If not connected to Private Well & Septic System Golden Gate Utility Authority (GGUA) - Golden Gate City 239 - 455 -1583 We, as buyers and /or homeowners, hereby acknowledge receipt of this letter, agree to transfer the above mentioned utilities into our name within 48 hours of closing, and release Collier County from any damage resulting from failure to do so. Buyer: GEORGINA MONTELL NAVARRO Date: ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1609 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through 44 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the _....__.:__ -I.r._ r,r...:....a., a ... ., A- . I;— rh- -h r....6.o h "es # 1 thrnu¢h #4 comolete the checklist and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. /2-///0 f, S/// ho * b ?$'% // Agenda Item Number /70 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed D 4. / Number of Original 12 5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of' CourCs Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item Name of Primary Staff , Phone Number A Contact appropriate. (Initial) Applicable) Agenda Date Item was /2-///0 f, S/// ho * b ?$'% // Agenda Item Number /70 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed D Type of Document / Number of Original 12 Attached i e er Z> Documents Attached INSTRUCTIONS & CHECKLIST U is Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05, Revised 9.18.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5.. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain " time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC odd Ater date) and all changes made during the meeting have been incorpo e m t a tlahed document. The County Attorney's Office has reviewed the changes, if applicable. U is Forms / County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24 05, Revised 9.18.09 1609 MEMORANDUM Date: June 6, 2011 To: Gary Bigelow, Property Acquisition Specialist Facilities Management Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: NSP: Bill of Sales 530017 1h Place SW and 3671 18"' Avenue NE Attached is one (1) original of each as referenced above, (Item #16D9) approved by the Board of County Commissioners on June 28, 2011. Please return the Recorded Original to the Minutes & Records Department where it will be kept as a part of the Board's Official Records. If you have any questions, please contact me at 252 -8411. Thank you. 1609 NEIGHBORHOOD STABILIZATION PROGRAM Property Address. 530017th Place SW, Naples, FL 34116 Folio Number'. 36250440002 BILL OF SALE THIS BILL OF SALE evidencing the sale and conveyance of furniture, fixtures, furnishings, appliances and equipment described herein is made this day of TU1—`f 2011, by COLLIER COUNTY, a Political Subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (hereinafter referred to as "Grantor "), and JAMES V. HUNT and AILEEN A. HUNT, a married couple, whose address is 3163 Poinciana Drive, Naples, Florida 34116, (hereinafter referred to as "Grantee "). WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Grantee, and the Grantee's successors and assigns forever, certain furniture, fixtures, furnishings, appliances, equipment and other personalty located upon those lands and premises conveyed on this date by Grantor to Grantee lying and being in Collier County, Florida and known as 530017th Place SW, Naples, Florida 34116. Those items of personalty conveyed hereby are listed on Exhibit "A" attached hereto and incorporated by reference herein. Grantor warrants that Collier County is the lawful owner in every respect of all of the personalty described in Exhibit "A" attached hereto and that it is free and clear of all liens, security agreements, encumbrances, claims, demands, and charges of every kind whatsoever. Grantor binds Grantor, and its successors and assigns, to warrant and defend the title to all of the personalty described in Exhibit "A" attached hereto to Grantee or Grantee's successors and assigns, forever against every person lawfully claiming the described property or any part of it. THE PERSONALTY DESCRIBED IN EXHIBIT "A "ATTACHED HERETO IS SOLD "AS -IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION OF SUCH PROPERTY. BY ACCEPTING THIS BILL OF SALE, GRANTEE(S) REPRESENT THAT GRANTEE(S) HAVE PERSONALLY INSPECTED THE DESCRIBED PROPERTY AND ACCEPTS THE PROPERTY "AS -IS ". IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by its Board of County Commissioners acting through its Chairman, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B be,ul4 ^Clerk Approvedras to form and' legal sufficiency: By: % j 1- , . Jennifer B. Wfiite, Assistant County Attorney By: w CC FRED W. COYLE , Chairman NEIGHBORHOOD STABILIZATION PROGRAM Property Address: 5300 17th Place SW, Naples, FL 34116 Folio Number: 30250440002 EXHIBIT "A" Refrigerator Range Dishwasher Microwave Washer - (from previous owner) Dryer - (from previous owner) Central Air Conditioning Five (5) Ceiling Fans 1609 hr:�} 16D9 NEIGHBORHOOD STABILIZATION PROGRAM Property Address: 3871 18TH AVENUE NE. NAPLES, FL 34120 Folio Number'. 40381780007 BILL OF SALT THIS BILL OF SALE evidencing the sale and conveyance of furniture, fixtures, furnishings, appliances and equipment described herein is made this Sf+1 day of J'_u c. X , 2011, by COLLIER COUNTY, a Political Subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (hereinafter referred to as "Grantor "), and ILEANA BLANDON ESPINOZA, a single woman, whose address is 2041 Fairmont Lane, Naples, Florida 34120, (hereinafter referred to as "Grantee "). WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Grantee, and the Grantee's successors and assigns forever, certain furniture, fixtures, furnishings, appliances, equipment and other personalty located upon those lands and premises conveyed on this date by Grantor to Grantee lying and being in Collier County, Florida and known as 3671 18th Avenue NE, Naples, Florida 34120, Those items of personalty conveyed hereby are listed on Exhibit "A" attached hereto and incorporated by reference herein. Grantor warrants that Collier County is the lawful owner in every respect of all of the personalty described in Exhibit "A" attached hereto and that it is free and clear of all liens, security agreements, encumbrances, claims, demands, and charges of every kind whatsoever. Grantor binds Grantor, and its successors and assigns, to warrant and defend the title to all of the personalty described in Exhibit "A" attached hereto to Grantee or Grantee's successors and assigns, forever against every person lawfully claiming the described property or any part of it. THE PERSONALTY DESCRIBED IN EXHIBIT "A- ATTACHED HERETO IS SOLD "AS -IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION OF SUCH PROPERTY. BY ACCEPTING THIS BILL OF SALE, GRANTEE(S) REPRESENT THAT GRANTEE(S) HAVE PERSONALLY INSPECTED THE DESCRIBED PROPERTY AND ACCEPTS THE PROPERTY "AS -IS ". IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by its Board of County Commissioners acting through its Chairman, the day and year aforesaid. ATTEST: DWIGHT E. BRO.CK, Clerk A. ht'Le >L as Li. ;*P ture 6tlr Approved as to form and legal sufficiency: (�_ By: � \ )��\,.' Jennifer B. Whl e, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA OU By: / W' (,�&_ FRED W. COYLE, Chairman NEIGHBORHOOD STABILIZATION PROGRAM Property Address. 3871 18TH AVENUE NE, NAPLES, FL 34120 Folio Number. 40301780007 EXHIBIT "A" Refrigerator Range Dishwasher Microwave Washer (from previous owner) Dryer (from previous owner) Central Air Conditioning 1609 ORIGINAL DOCUMENTS. CHECKLIST & ROUTINJSU 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's si ature, draw a line throu routing lines #I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Contact Initial) Applicable) 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Date Item was i z/i /oQ 4- /D // y/io v- 3. 17 /6 D L Approved by the BCC 4. / Type of Document 5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners Attached !! 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Phone Number N/A (Not r) 3 Contact Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Date Item was i z/i /oQ 4- /D // y/io v- Agenda Item Number 17 /6 D L Approved by the BCC / Type of Document Number of Original resolutions, etc. signed by the County Attorney's Office and signature pages from Attached Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC INSTRUCTIONS & CHECKLIST J is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and*signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) _'. All handwritten strike - through and revisions have been initialed by the County'Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. S. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of ou adlines! 6. The document was approved by the BCC on /Z / o nter date) and all changes made during the meeting have been incorpora attached document. The County Attorney's Office has reviewed the changes, if applicable. J is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 16D 94 MEMORANDUM Date: August 16, 2011 To: Gary Bigelow, Property Acquisition Specialist Facilities Management Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: NSP (4420 19th Ave. SW, Naples 34116) Statutory Deed & Bill of Sale Folio #35772600004 Attached is one (1) of each original Statutory Deed & Bill of Sale as referenced above, (Item #16139) approved by the Board of County Commissioners on Tuesday, June 28, 2011. Please return the Recorded Original to the Minutes & Records Department where it will be kept as a part of the Board's Official Records. If you have any questions, please contact me at 252 -7240. Thank you. 160 91 NEIGHBORHOOD STABILIZATION PROGRAM Property Address: 4420 19TH AVE SW, NAPLES, FL 34116 Folio Number 35772600004 STATUTORY DEED THIS STATUTORY DEED, made this (5 day of 2011, by COLLIER COUNTY, a Political Subdivision of the State of Florida, whose ma(0 ma( address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 - 5356, hereinafter called the Grantor, to ODALINA SANTIESTEBAN, a single woman, whose mailing address is 7685 Tara Circle, Apt. 201, Naples, Florida 34104, hereinafter called the Grantee. (Whenever used herein the terms "Grantor' and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) 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: To wit: LOT 3, BLOCK 56, GOLDEN GATE UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGES 65 THROUGH 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A/K/A: 4420 19TH AVENUE SW, NAPLES, FLORIDA 34116 Subject to easements, restrictions, and reservations of record. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by its Board of County Commissioners acting through its Chairman, the day and year aforesaid. This Conveyance Approved by BCC: December 1, 2009 - Item 17B and October 12, 2010 - Item 16D2 and June 28, 2011 - Item 16D9 ATTEST: DWIGH E. ROCK, Clerk � •• yr Aiutilk As to _ � �' ri ICIAL SEAL) Approved as to form and legal sufficiency: BY: Jennifer B. White, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: `_�L-4 W FRED W. COYLE, Chairm 16D 94 '1 NEIGHBORHOOD STABILIZATION PROGRAM Property Address: 4420 19TH AVE SW, NAPLES, FL 34116 Folio Number: 35772600004 BILL OF SALE THIS BILL OF SALE evidencing the sale and conve ante of furn' ure, fixtures, furnishings, appliances and equipment described herein is made this _day of , 2011, by COLLIER COUNTY, a Political Subdivision of the State of Florida, whose lihiling address is 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112 -5356, (hereinafter referred to as "Grantor "), and ODALINA SANTIESTEBAN, a single woman, whose address is 7685 Tara Circle, Apt. 201, Naples, Florida 34104, (hereinafter referred to as "Grantee "). WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars ( #10.00) and other good and valuable consideration to said Grantor in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Grantee, and the Grantee's successors and assigns forever, certain furniture, fixtures, furnishings, appliances, equipment and other personalty located upon those lands and premises conveyed on this date by Grantor to Grantee lying and being in Collier County, Florida and known as 4420 19th Avenue SW, Naples, Florida 34116. Those items of personalty conveyed hereby are listed on Exhibit "A" attached hereto and incorporated by reference herein. Grantor warrants that Collier County is the lawful owner in every respect of all of the personalty described in Exhibit "A" attached hereto and that it is free and clear of all liens, security agreements, encumbrances, claims, demands, and charges of every kind whatsoever. Grantor binds Grantor, and its successors and assigns, to warrant and defend the title to all of the personalty described in Exhibit "A" attached hereto to Grantee or Grantee's successors and assigns, forever against every person lawfully claiming the described property or any part of it. THE PERSONALTY DESCRIBED IN EXHIBIT "A "ATTACHED HERETO IS SOLD "AS -IS" WITHOUTANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION OF SUCH PROPERTY. BY ACCEPTING THIS BILL OF SALE, GRANTEE(S) REPRESENT THAT GRANTEE(S) HAVE PERSONALLY INSPECTED THE DESCRIBED PROPERTY AND ACCEPTS THE PROPERTY "AS -IS ". IN WITNESS WHEREOF the said Grantor has caused these presents to be executed by its Board of County Commissioners acting through its Chairman, the day and year aforesaid. ATTE�S "T�� .., DWI�o?n,. •>0 Clerk attt a! De EO `_iii u t erk Approved as to form and legal sufficiency: Jennifer B. White, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 14�uL W FRED W. COYLE, Chairman NEIGHBORHOOD STABILIZATION PROGRAM Property Address: 4420 19TH AVE SW, NAPLES, FL 34116 Folio Number: 35772600004 EXHIBIT "A" Refrigerator Range Dishwasher Microwave Washer & Dryer (from previous owner) Central Air Conditioning Three (3) Ceiling Fans ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 D9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE • Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Sue Filson(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1.Frank Ramsey HHVS 6/28/2011 2. Jennifer B. White CAO 67IZ1` 11 3. Chairman Fred W. Coyle Board of County Commissioners 4. 5. Ian Mitchell, Executive Manager Board of County Commissioners /so( 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Frank Ramsey,Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 6/28/2011 Agenda Item Number 16D9 Approved by the BCC Type of Document Administrative Plan and Resolution Number of Original 2 Attached c2o l( - 1 I(,� Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, 1/ resolutions,etc. signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the - document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In In most cases(some contracts are an exception),the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified.Be aware of your deadlines! 6. The document was approved by the BCC on 06/28/2011 and all changes made during / the meeting have been incorporated in the attached document.The County Attorney's C Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 161) 9 MEMORANDUM Date: July 1, 2011 To: Crystal Kinzel, Director Clerk's Finance From Teresa L. Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2011-110 and NSP Administrative Plan Enclosed, please find one (1) copy as referenced above, approved by the Board of County Commissioners on Tuesday, June 28, 2011 (Agenda Item #16D9) If you should have any questions, please call me at 252-8411. Thank you. 16g MEMORANDUM Date: July 1, 2011 To: Frank Ramsey, Housing Manager Housing & Human Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2011-110 and NSP Administrative Plan Enclosed please find one (1) copy of the document and Resolution, referenced above (Agenda Item #16D9), which were approved by the Board of County Commissioners on Tuesday, June 28, 2011. The Minutes & Records Department has retained the original documents to be kept in the Board's Official Records. If you should have any questions, please contact me at 252-8411. Thank you l6D9 RESOLUTION NO. 2011- 110 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REPEAL AND REPLACE RESOLUTION 2009-81, APPROVING AND AUTHORIZING THE ACTIVITIES AS OUTLINED IN THE COLLIER COUNTY NEIGHBORHOOD STABILIZATION PROGRAM SUBSTANTIAL AMENDMENTS IN ACCORDANCE WITH THE PROVISIONS OF THE HOUSING AND ECONOMIC RECOVERY ACT OF 2008, AS AMENDED, AND THE WALL STREET REFORM AND CONSUMER PROTECTION ACT OF 2010, ADMINISTERED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; DELEGATING AUTHORITY TO CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE DOCUMENTS INCIDENT TO THE ACQUISITION OF FORECLOSED OR ABANDONED PROPERTIES ON BEHALF OF THE BOARD; AND AUTHORIZING STAFF TO PROCEED WITH ACTIVITIES REQUIRED TO EXPEDITE SAID PROPERTY ACQUISITION AND REHABILITATION. WHEREAS, on March 24, 2009, the Board of County Commissioners approved and accepted a grant from the U.S. Department of Housing and Urban Development (HUD), and also approved the Administrative Plan developed by the Department of Housing, Human and Veteran Services for administration of the grant under the terms and conditions of the Neighborhood Stabilization Program as authorized by Title III of the Housing and Economic Recovery Act of 2008, as amended; and WHEREAS, on October 27, 2009, the Board of County Commissioners approved an amended Administrative Plan in response to substantive revisions to the rules and regulations of the Neighborhood Stabilization Program; and WHEREAS, on April 12, 2011, the Board of County Commissioners approved and accepted an additional appropriation of Neighborhood Stabilization Page 1 of 5 1609 Program funding from HUD through the Wall Street Reform and Consumer Protection Act of 2010; and WHEREAS, provisions of the additional appropriation require that 50 percent of grant funds be spent for initial acquisitions of foreclosed or abandoned residential properties within two (2) years and 100 percent spent within three (3) years; and WHEREAS, provisions of the Neighborhood Stabilization Program provide that funds realized from the subsequent disposition of properties and classified as program income may be further utilized for eligible activities as described by the Neighborhood Stabilization Program and HUD until such funds are exhausted; and WHEREAS, the expeditious acquisition of property is of paramount importance to the timely administration and successful implementation of the Neighborhood Stabilization Program for the benefit of Collier County; and WHEREAS, accomplishing the property acquisition and rehabilitation within the HUD imposed timeframes, and ensuring that the maximum possible number of properties are acquired and rehabilitated within those timeframes, requires a properly coordinated team effort between the Department of Housing, Human and Veteran Services, the Real Property Management Section of the Facilities Management Department, the Office of the County Attorney, and the Board of County Commissioners, and certain processes require streamlining and abbreviation wherever possible; and Page 2 of 5 1609 WHEREAS, Resolution No. 2009-81 is hereby repealed and replaced with this Resolution to implement changes made to the Neighborhood Stabilization Program by HUD. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the acquisition and rehabilitation of foreclosed or abandoned residential properties under the provisions of the Neighborhood Stabilization Program is necessary for a public purpose and is in the best interest of Collier County, and the Board recognizes the importance of the successful and timely implementation of the Program. AND BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County, Florida, recognizes the importance of the property acquisition and rehabilitation function and its relationship to the overall project schedule; and the Board desires to facilitate and expedite the property acquisition and rehabilitation process to the extent that it is empowered to do so by law. AND BE IT FURTHER RESOLVED that the following measures are reasonably necessary for the timely, efficient, and expeditious implementation and completion of the Collier County Neighborhood Stabilization Program: 1. The County Manager or his designees are hereby authorized and directed to identify, evaluate, appraise, and perform all due diligence procedures necessary for the acquisition and rehabilitation of residential properties, all in accordance with the provisions of the Neighborhood Stabilization Program and HUD requirements. Page 3 of 5 l6Q9 2. The Chairman of the Board of County Commissioners is hereby authorized to execute Agreements for Sale and Purchase for the acquisition of foreclosed or abandoned residential properties at purchase prices in accordance with the Collier County Neighborhood Stabilization Plan Administrative Plan, based upon appraised values discounted at least one (1) percent, and as approved by the County Attorney's Office for the life of the project. 3. Upon approval of the County Attorney's Office of all documents necessary for property acquisition, the County Manager or his designees are hereby authorized and directed to proceed to acquire foreclosed or abandoned residential properties, to follow all appropriate closing procedures, and to record all necessary documents in the Public Records of Collier County, Florida. The County Manager or his designee is further authorized to prepare requests for payment and request the Clerk of the Circuit Court to prepare related Warrants for payment of purchase prices and other related acquisition costs; and the Board of County Commissioners hereby authorizes its Chairman to execute any and all agreements and other legal instruments pertinent to such property acquisition, which have been reviewed and approved by the County Attorney's Office. 4. The total acquisition cost per residential unit shall not exceed One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) without the express permission of the Board of County Commissioners, and the total rehabilitation cost per unit shall not exceed Fifty Thousand and 00/100 Dollars ($50,000.00) without the express permission of the Board of County Commissioners. Page 4 of 5 16fl9 5. All title to residential properties which have been acquired in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida. 6. The Department of Housing, Human and Veteran Services shall provide the Board of County Commissioners reports in conformance with Collier County Ordinance No. 2009-63 of all foreclosed or abandoned residential properties when such properties are being considered for final disposition. THIS RESOLUTION ADOPTED this 28th day of June, 2011 after motion, second and majority vote. ATTEST t :? BOARD OF COUNTY COMMISSIONERS D C E: BROtC, CLERK OF COLLIER COUNTY, FLORIDA i - g W A ty;Clerk Fred W. Coyle, Chairman �,st �o Ct�� ;tgurR '�+ `. Approved as to form and legal sufficiency: Jennifer White Assistant County Attorney i rr# Ft 142 bq Agenda b 12B r Cate Date I Rec' Deputy Clerk Page 5 of 5 16D9 COLLIER COUNTY Neighborhood Stabilization Program Administrative Plan The Administrative Plan is a guide to operating the Collier County Neighborhood Stabilization Program. The program was established under Title III of Division B of the Housing and Economic Recovery Act of 2008 (HERA),as amended,with an additional appropriation made through the Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act). Collier County was allocated a total of$11,190,920 through the aforementioned Acts. Department of Housing, Human and Veteran Services 6/28/2011 NSP1 Grant Number B-08-UN-12-0003 NSP3 Grant Number B-11-UN-12-0003 1609i Page 2 Table of Contents INTRODUCTION 3 DEFINITIONS 3 Abandoned 3 Blighted Structure 4 Current Market Appraised Value 4 Date of Notice of Foreclosure 4 Foreclosed 4 Land Bank 4 Subrecipient 5 Use (for the purposes of HERA section 2301(c)(1)) 5 Vicinity 5 ACTIVITIES 5 ACQUISITION 5 Objective 5 Policies 5 Identifying Properties 5 REHABILITATION 6 Objective 6 Policies 6 HOMEOWNERSHIP 7 Objective 7 Policies 7 DEMOLITION 7 Objective 7 Policies 7 LAND BANK 8 Objective 8 Policies 8 DISPOSITION 8 Objective 8 Policies 8 PROCEDURES 9 General 9 Purchases and Changes to Purchases 9 Acquisition 10 Rehabilitation 10 Homeownership 11 Demolition 11 Land Bank 12 Disposition 12 Miscellaneous 13 PROGRAM INCOME 13 APPROVAL 14 16 ,19 Page I3 INTRODUCTION Title III of Division B of the Housing and Economic Recovery Act of 2008(HERA), as amended, appropriated $3.92 billion for the redevelopment of abandoned and foreclosed homes and residential properties. The grant program established is commonly referred to as the Neighborhood Stabilization Program (NSP). Subsequently, the Wall Street Reform and Consumer Protection Act of 2010 (Dodd- Frank Act) appropriated an additional $1 billion to the program. NSP1 refers to the $7,306,755 appropriated to Collier County by HERA,while NSP3 refers to the$3,884,165 appropriated by the Dodd- Frank Act;Collier County's total NSP appropriation was$11,190,920. There are five(5)eligible uses for NSP1 and NSP3 (collectively NSP)1. They are as follows: 1. Eligible Use A a. Establish financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties. 2. Eligible Use B a. Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent,or redevelop such homes and properties. 3. Eligible Use C a. Establish and operate land banks for homes and residential properties that have been foreclosed upon. 4. Eligible Use D a. Demolish blighted structures. 5. Eligible Use E a. Redevelop demolished or vacant properties as housing. Collier County will focus efforts in areas approved by the US Department of Housing and Urban Development (HUD). They include Golden Gate Estates, East Naples, Golden Gate City, and Naples Parke. If any information, policy, or procedure contained herein conflicts with the NSP, the NSP shall take precedence. DEFINITIONS Certain terms used with the NSP are not used in the regular Community Development Block Grant (CDBG) program, or the terms are used differently. In the interest of clarity of administration, HUD has defined3 these terms to assist grantees in operating the NSP. Abandoned A home or residential property is abandoned if either a) mortgage,tribal leasehold, or tax payments are at least 90 days delinquent, or b)a code enforcement inspection has determined that the property is not 1 Federal Register Docket Nos. FR-5255-N-01; FR-5447-N-01. 2 The areas are limited to specific census tracts and/or other boundaries within the general areas listed; not all homes within the target areas are eligible. Specific location information is available in the NSP1 and NSP3 Action Plans. 3 Federal Register Docket No. FR-5447-N-01. 16B9 Page 14 habitable and the owner has taken no corrective actions within 90 days of notification of the deficiencies, or c) the property is subject to court-ordered receivership or nuisance abatement related to abandonment pursuant to state or local law or otherwise meets a state definition of an abandoned home or residential property. Blighted Structure A structure is blighted when it exhibits objectively determinable signs of deterioration sufficient to constitute a threat to human health, safety, and public welfare. Furthermore, the grantee shall further define the definition of a blighted structure and include such definition in their NSP substantial amendment. Current Market Appraised Value The current market appraised value means the value of a foreclosed upon home or residential property that is established through and appraisal made in conformity with either: 1)the appraisal requirements of the URA at 49 CFR 24.103, or 2)the Uniform Standards of Professional Appraisal Practice (USPAP), or 3) the appraisal requirements of the Federal Housing Administration (FHA) or a government sponsored enterprise (GSE); and the appraisal must be completed or updated within 60 days of a final offer made for the property. Date of Notice of Foreclosure The date of notice of foreclosure shall be deemed to be that date on which complete title to a property is transferred to a successor entity or person as a result of an order of a court or pursuant to provisions in a mortgage, deed of trust, or security deed. If none of these events occur in the acquisition of a foreclosed property (e.g. in a short sale), in order to ensure fair and equitable treatment of a bona fide tenant(s)and consistency with the NSP definition of foreclosed,the date of notice of foreclosure shall be deemed to be the date on which the property is acquired for the NSP-assisted project. NOTE: This definition does not affect or otherwise alter the definition of"foreclosed". Foreclosed A home or residential property has been foreclosed upon if any of the following conditions apply: a)the property's current delinquency status is at least 60 days delinquent under the Mortgage Bankers of America delinquency calculation and the owner has been notified; b) the property owner is 90 days or more delinquent on tax payment; c) under state, local, or tribal law, foreclosure proceedings have been initiated or completed; or d) foreclosure proceedings have been completed and title has transferred to an intermediary aggregator or servicer that is not an NSP grantee, contractor, subrecipient, developer, or end user. Land Bank A land bank is a governmental or nongovernmental nonprofit entity established, at least in part, to assemble, temporarily manage, and dispose of vacant land for the purpose of stabilizing neighborhoods and encouraging re-use or redevelopment of urban property. For purposes of NSP, a land bank will operate in a specific, defined geographic area. It will purchase properties that have been foreclosed upon and maintain, assemble, facilitate redevelopment of, market, and dispose of the land-banked properties. If the land bank is a governmental entity, it may also maintain foreclosed property that it does not own, provided it charges the owner of the property the full cost of the services or places a lien on the property for the full cost of the service. 16D9 Page 15 Subrecipient Subrecipient shall have the same meaning as at the first sentence of 24 CFR 570.500(C). This includes any nonprofit organization (including a unit of general local government)that a state awards funds to. Use (for the purposes of HERA section 2301(c)(1)) Funds are used when they are obligated by a state, unit of general local government,or any subrecipient thereof, for a specific NSP activity; for example, for acquisition of a specific property. Funds are obligated for an activity when orders are placed, contracts are awarded, services are received, and similar transactions have occurred that require payment by the state, unit of general local government, or subrecipient during the same or a future period. Note that funds are not obligated for an activity when subawards(e.g.grants to subrecipients or to units of local government)are made. Vicinity For the purposes of NSP3, HUD defines "vicinity" as each neighborhood identified by the NSP3 grantee as being the areas of greatest need. ACTIVITIES ACQUISITION4 Objective Provide permanent residential structures for persons or households whose income is at or below 120 percent of area median income. Policies 1. A current market appraisal will establish the value of properties that will be acquired. 2. The purchase price of all properties acquired shall be discounted at least one (1) percent from the current market appraisal value. 3. Acquisitions shall be made pursuant to a written Agreement for Sale and Purchase. 4. All residential property types are eligible for acquisitions. Examples include, but are not limited to,single-family units, multi-family units,and condominium units. Identifying Properties Collier County will acquire properties in target areas approved by HUD. The approved areas are Golden Gate Estates, East Naples, Golden Gate City, and Naples Park, as further geographically defined and approved by HUD. Specifically, HUD has imposed the following geographic restrictions on the aforementioned areas': 1. Golden Gate Estates a. Census tracts 4 24 CFR 570.201(a)Acquisition; (b)Disposition;(i) Relocation;(n)Direct homeownership assistance; 24 CFR 570.202. 5 Under NSP1,HUD permitted Collier County to define target areas by census tract. Under NSP3,HUD provided a "mapping tool"to define target areas. The NSP3 mapping tool assigned a"Neighborhood ID","latitude and longitude of corner points",and"blocks comprising target neighborhood". This information in contained in the applicable action plan and is available on colliergov.net/housing. 16fl9 Page 16 i. 0104.14;0104.13;0104.12;0112.02 2. East Naples a. Census tracts i. 0105.04;0106.02;0106.01;0106.04;0106.03;0105.02;0108.01;0107.02; 0108.02;0108.03;0111.01 b. Neighborhood ID:3981140 3. Golden Gate City a. Census tracts i. 0104.06;0104.08;0105.03;0104.11;0104.09;0104.10;0104.07 b. Neighborhood ID: 1108764 4. Naples Park a. Neighborhood ID: 1827545 When evaluating properties for acquisition, Collier County may seek to acquire properties that possess the following characteristics:a) require minimum structural rehabilitation, b) ability to convert to energy efficient housing,c) located in close proximity to centers of employment,d) located in close proximity to public transportation, and e) located in close proximity to other NSP-assisted properties. As NSP administrator, Housing, Human and Veteran Services, or any partner thereof, will acquire properties from banks, lenders, intermediary aggregators or servicers, or other entity that has a legal right to execute documents relating to the acquisition of properties identified by Collier County for participation in the NSP. All proposed acquisitions must be approved by the Director of Housing, Human and Veteran Services, or his/her designee, prior to executing a purchase contract. REHABILITATION Objective Improve residential structures to benefit persons or households whose income is at or below 120 percent area median income. Policies 1. Work performed must conform to the current Florida Building Code (FBC) and Environmental Health and Safety requirements. 2. Completed projects must meet or exceed the HUD Section 8 Minimum Housing Quality Standards. 3. A Collier County Rehabilitation Specialist will prepare a written bid specification or work plan for each property, itemizing the work required. 4. Gut rehabilitation'and new construction projects will seek to meet the following standards: a. Residential buildings up to three (3) stories to be designated to meet the standard for Energy Star Qualified New Homes; b. Mid- or high-rise multifamily housing to be designed to meet American Society of Heating, Refrigeration, Air-Conditioning Engineers (ASHRAE) Standard 90.1-2004, Appendix G plus 20 percent (which is the Energy Star standard for multifamily buildings piloted by the Environmental Protection Agency and the Department of Energy); 6 24 CFR 570.201(b)Disposition;(d)Clearance and remediation activities;24 CFR 570.202. '"Gut rehabilitation"is defined as the general replacement of the interior of a building that may or may not include changes to structural elements such as flooring systems,columns,or load-bearing interior or exterior walls. 16u9 Page 17 5. All rehabilitation projects will seek to meet the following standards: a. Older obsolete products and appliances (such as windows, doors, lighting, hot water heaters, furnaces, boilers, air conditioning units, refrigerators, clothes washers and dishwashers)to be replaced with Energy Star-46 labeled products; b. Water efficient toilets,showers,and faucets, such as those with the WaterSense label to be installed; c. Housing improved to mitigate the impact of disasters(e.g. hurricane,flooding,and fire). 6. Rehabilitated homes are subject to the minimum affordability provisions of the federal HOME Investment Partnership Program8. HOMEOWNERSHIP9 Objective Provide permanent housing to benefit persons or households whose income is at or below 120 percent area median income. Policies 1. Purchasers' household income, adjusted for family size, may not exceed 120 percent area median income. 2. Applicants must be pre-qualified by Housing, Human and Veteran Services prior to executing a contract for sale and purchase. 3. The head of household must be a U.S. citizen or permanent resident alien. 4. Applicants must receive and complete eight (8) hours of homebuyer counseling from a HUD- approved housing counseling agency. 5. Homes or residential properties sold to income-qualified persons or families must be used as the principal residence. 6. Purchasers will receive subsidy in the form of a Purchase Money Second Mortgage and Promissory Note to increase the affordability of homes or residential properties assisted through the NSP. 7. Homes or residential properties are subject to the minimum affordability provisions of the federal HOME Investment Partnership Programlo DEMOLITION11 Objective Reduce blight through clearance,demolition,and removal of unsafe homes and residential structures. Policies 1. Demolition costs may not exceed ten (10) percent of Collier County's NSP allocation12, unless the Secretary of HUD determines that such use represents an appropriate response to local market conditions. 8 24 CFR 92.252(a),(c),(e),and(f),and 92.254. 9 24 CFR 570.201(a)Acquisition;(b) Disposition;(i) Relocation;(n)Direct homeownership assistance;24 CFR 570.202. 10 24 CFR 92.252(a),(c),(e),and(f),and 92.254. 1124 CFR 570.201(d)Clearance for blighted structures. 12 HERA sections 2301(c)(4)(C)and(D). 1609 Page 18 2. Homes or residential properties must be blighted, as defined in the Collier County NSP Action Plan,to be eligible for demolition. 3. Demolished properties may be placed in a land bank for future redevelopment, or may be transferred to a provider of affordable housing. 4. Demolished homes or residential properties are subject to the minimum affordability provisions of the federal HOME Investment Partnership Program". LAND BANK14 Objective Assemble, manage, and dispose of vacant land to stabilize neighborhoods and encourage re-use or redevelopment of urban property. Policies 1. Properties may be acquired in the specific, defined geographical areas contained in the Collier County NSP1 and NSP3 Action Plans. 2. Collier County may purchase properties that have been foreclosed upon and maintain, assemble,facilitate redevelopment of, market and dispose of land-banked properties. 3. Properties may not be held for more than ten (10) years without obligating the property for a specific,eligible redevelopment of that property in accordance with NSP requirements. 4. Land-banked properties are subject to the minimum affordability provisions of the federal HOME Investment Partnership Program 15. DISPOSITION16 Objective Convey homes assisted through the NSP to benefit persons or households whose income is at or below 120 percent area median income. Policies 1. Homes or residential properties that are purchased, redeveloped, or otherwise sold to an individual shall be sold in an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or property. Note that the maximum sales price for a property is determined by aggregating all acquisition, rehabilitation, and redevelopment costs (including related activity delivery costs, which generally may include, among other items, costs related to the sale of the property). 2. The net proceeds from the sale of properties assisted through the NSP is considered program incomes'and will be used for additional NSP-eligible activities. 3. Ten (10) percent of the program income received following disposition will be used for general administration and planning costs18. 13 24 CFR 92.252(a),(c),(e),and(f),and 92.254. 14 24 CFR 570.201(a)Acquisition and(b)Disposition. is 24 CFR 92.252(a),(c),(e),and(f),and 92.254. 16 24 CFR 570.201(b)Disposition. 17 Program income is defined at 24 CFR 570.500. 18 24 CFR 570.205-.206. 1609 Page 19 4. Homes or residential properties conveyed are subject to the minimum affordability provisions of the federal HOME Investment Partnership Program19. PROCEDURES General 1. The Board of County Commissioners approved the NSP1 and NSP3 Action Plans, and shall approve any proposed substantial amendments to such Action Plans. 2. HUD approved the NSP1 and NSP3 Action Plans, and shall approve any proposed substantial amendments to such Action Plans. 3. Housing, Human and Veteran Services shall administer the NSP. 4. All County departments, divisions, or sections assisting Housing, Human and Veteran Services will use the inter-department billing system to receive payment for service(s) rendered. Purchases and Changes to Purchases 1. All purchases under the NSP shall be in accordance with the provisions of the Collier County Purchasing Policy (hereinafter referred to as "the Purchasing Policy"), the Collier County Procurement Administration Manual (hereinafter referred to as "the Procedures Manual"), all applicable NSP grant provisions and, where applicable, all formal contracts pertaining to each purchase. 2. All purchases subject to the purview of the Purchasing Policy shall be authorized under a purchase order or a valid purchasing card utilized pursuant to the requirements of the Purchasing Policy and/or Collier County CMA 5808: Purchasing Card Program Policy and Procedure. 3. All changes to a formal, bilateral Collier County contract (whether it be under a single project or a fixed term agreement) shall be processed in accordance with the Purchasing Policy and the Procedures Manual. 4. All changes to a previously authorized purchase order shall be processed in the form of a purchase order modification requested by Housing, Human and Veteran Services from the Purchasing Department prior to authorizing the changes. 5. A purchase order modification shall be issued to authorize legitimate changes to the original scope of work identified in the purchase order including, but not limited to, changes in ordering quantities (products or services), changes in product specifications or service requirements, or changes due to unforeseen conditions. 6. In the event where a portion of the work solicited under a previously awarded purchase was deleted prior to award, a purchase order modification shall not be used to add the work back into scope unless it can be objectively determined from the prices received under the original competition that the modification would have had no impact on the outcome of the competition. 7. Purchase order modifications shall not be used to circumvent the competitive procedural requirements set forth in the Purchasing Policy or Procedures Manual. 8. Real Property Management may approve administratively contract extensions relating to real property acquisition and transfer. 19 24 CFR 92.252(a),(c),(e),and(f),and 92.254. 1609 Page 110 Acquisition 1. Housing, Human and Veteran Services will identify properties for acquisition through partnerships with other Collier County departments or divisions, non-profit agencies, or other housing providers. 2. Housing, Human and Veteran Services will conduct an initial evaluation of proposed acquisitions. 3. Real Property Management will prepare a current market appraisal to establish the value of properties that will be acquired in conformance with the definition herein of "current market appraised value." 4. The Director of Housing, Human and Veteran Service, or his/her designee,will approve offers to acquire properties. 5. Acquisition purchase prices shall not exceed One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) per residential dwelling unit. A single family residential property consist of one (1) unit, a duplex consists of two (2) units, a triplex consist of three (3) units and a multi-family property may consist of any number of units greater than one (1) unit. 6. The Board of County Commissioners must specifically approve any acquisition purchase price in excess of the aforementioned limit. 7. Real Property Management will prepare an informational notice to the bank, lender, intermediary aggregator or servicer, or other entity that has a legal right to execute documents relating to the identified property informing such entity of Collier County's interest in acquiring such property on a voluntary basis. 8. Agreements for Sale and Purchase will be prepared and shall contain appropriate contingencies regarding marketable title, environmental review, and other due diligence, and shall be approved by the County Attorney's Office for form and legal sufficiency. 9. Agreements for Sale and Purchase will be executed by Collier County and the entity described above. The date of execution of any Agreement shall be the date that the final party signs, regardless of any contract language to the contrary. Interpretation of executed Agreements and other documentation shall be the exclusive responsibility of the County Attorney's Office. 10. The Chairman of the Board of County Commissioners has been granted authority and is thereby authorized, by resolution of the Board of County Commissioners, to execute Agreements for Sale and Purchase for the acquisition of properties in accordance with the price limits described herein. 11. Real Property Management will conduct all due diligence, including obtaining evidence of clear title from an approved vendor, and will coordinate with Housing, Human and Veteran Services to acquire the property. 12. Housing, Human and Veteran Services will perform an environmental review and document compliance with applicable grant requirements. 13. Housing, Human and Veteran Services will obligate the funds necessary to acquire the property. 14. Real Property Management will coordinate final examinations of title and conduct or supervise the closing of acquisitions following appropriate closing procedures, and will supervise the recording of acquisition conveyances, and all documents necessary for title clearance in the Public Records of Collier County. Rehabilitation 1. Housing, Human and Veteran Services' Rehabilitation Specialist will perform a site inspection of acquired property and prepare a bid specification or work plan in order to solicit competitive price quotes. All of these solicitations (and any exceptions thereto) shall be conducted in 16D9 Page 111 accordance with the appropriate provisions of the Board's Purchasing Policy and the Procedures Manual. 2. Collier County shall use its own procurement procedures which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law and the standards applicable to the NSP20. 3. Purchases and changes to purchases shall be made in conformity with the procedures so named and detailed above. 4. Housing, Human and Veteran Services will recommend award of these projects to the lowest qualified and responsive vendor. Housing, Human and Veterans Services will submit a requisition to and receive a purchase order from the Purchasing Department before directing the vendor to proceed with any purchase. 5. Collier County will ensure vendors have access to the property. 6. Rehabilitation or redevelopment costs shall not exceed Fifty Thousand and 00/100 Dollars ($50,000.00) per residential unit. A single family residential property consists of one (1) unit, a duplex consists of two (2) units, a triplex consists of three (3) units and a multi-family property may consist of any number of units greater than one(1) unit. 7. The Board of County Commissioners must specifically approve any rehabilitation costs in excess of the aforementioned limit. 8. The Rehabilitation Specialist will supervise the rehabilitation or redevelopment until project completion. Homeownership 1. Housing, Human and Veteran Services' Housing Outreach Coordinator will pre-qualify persons interested in purchasing a home assisted through the NSP. 2. The Housing Manager, or his/her designee, will approve all applicants that are determined to be eligible for participation in the NSP. 3. Pre-qualified applicants will be provided a list of available homes. 4. Applicants will be served on a first-come-first-served basis once eligibility and readiness to purchase has been established. 5. Applicants will obtain financing that conforms to bank regulators' guidance for non-traditional mortgages as detailed in the NSP. 6. Purchasers will receive subsidy in the form of a principal reduction to increase the affordability of homes or residential properties assisted through the NSP. The subsidy amount may not exceed Fifty Thousand and 00/100 Dollars ($50,000.00). 7. The Board of County Commissioners must specifically approve any homeownership assistance in excess of the aforementioned limit. Demolition 1. Demolition will be contemplated when acquired properties are, a) blighted, and b) not economically feasible to rehabilitate. 2. The Rehabilitation Specialist will prepare documentation recommending demolition of the acquired property. 3. The Director of Housing, Human and Veteran Services, or his/her designee, will approve demolition of the structure. 20 24 CFR 85.36(b). 16fl9 Page 112 4. Demolished properties may be placed in a land bank for future redevelopment, or may be transferred to a provider of affordable housing. 5. Demolition costs shall not exceed Twenty Five Thousand and 00/100 Dollars ($25,000.00) per residential unit. A single family residential property consists of one (1) unit, a duplex consists of two (2) units, a triplex consists of three (3) units and a multi-family property may consist of any number of units greater than one(1) unit. 6. The Board of County Commissioners must specifically approve any demolition costs in excess of the aforementioned limit. Land Bank 1. The Director of Housing, Human and Veteran Services, or his/her designee,will approve all land bank acquisitions,as well as the transfer of demolished property into the land bank. 2. Land-banked properties will be maintained (e.g. lawn maintenance)to conform with local codes, rules, and regulations. 3. Within ten (10) years of acquisition, Housing, Human and Veteran Services will obligate the property for a specific, eligible redevelopment of that property in accordance with NSP requirements. Disposition 1. Once rehabilitation or redevelopment is complete, properties will be prepared for disposition. 2. Housing, Human and Veteran Services will comply with the minimum disposition standards and procedures used by Collier County in selling and conveying real property acquired under the NSP21. 3. The maximum sales price for a property is determined by aggregating all acquisition, rehabilitation, and redevelopment costs (including related activity delivery costs, which generally may include, among other items,costs related to the sale of the property). 4. The final sales price will be the lesser?2 of: a. The aggregate of all acquisition, rehabilitation, and redevelopment costs (including related activity delivery costs), minus $1,000.00, rounded down to the nearest thousand23;or b. The appraised value established by a licensed third-party appraiser during the process of qualifying for first mortgage financing from a private financial institution24. 5. The program income generated from the disposition shall be recognized by the Board of County Commissioners and used for additional NSP-eligible activities. 21 Collier County Ordinance No.2009-63. 22 The final sales price procedure is established to ensure that Collier County does not sell a property for an amount greater than the aggregate NSP investment,thus exposing the County to a potential audit finding. 23 For example,the aggregate NSP investment in a project is determined to be$147,518.25. The final sales price would be calculated as follows:aggregate investment($147,518.25)minus voluntary reduction($1,000.00)equals $146,518.25,rounded down to the nearest thousand equals final sales price of$146,000.00. 24 When qualifying for first mortgage financing from a private financial institution,such institution will determine the maximum financing available based on the appraised value or purchase price,whichever is less. For example, if Collier County invested$147,518.25 in a project that appraised for only$130,000.00,the maximum first mortgage financing would be based on the appraisal value. Although underwriting guidelines vary from lender to lender,it is generally true that the maximum loan-to-value available to purchasers will range from 80 percent of appraised value to 97 percent of appraised value. 16D9 Page 13 Miscellaneous 1. Collier County successfully met the 18-month obligation deadline for NSP1. 2. HUD requires Collier County to expend NSP3 funds in a timely manner. Specifically, the following expenditure deadlines were imposed as a condition of award: a. Expend 50 percent of NSP3 funding by March 11, 2013 b. Expend 100 percent of NSP3 funding by March 11, 2014 3. Pursuant to the rules and regulations of the NSP, no less than 25 percent of the initial Collier County award must be used to benefit households earning not greater than 50 percent area median income. 4. The NSP1 grant number is B-08-UN-12-003 and the allocation was$7,306,755. 5. The NSP3 grant number is B-11-UN-12-003 and the allocation was$3,884,165. 6. The NSP Catalog of Federal Domestic Assistance (CFDA) number is 14.218. 7. The Collier County Data Universal Number System (DUNS) identification number is 076997790. PROGRAM INCOME25 Revenue received by Collier County that is directly generated from the use of CDBG funds (which term includes NSP grant funds) constitutes program income. On June 11, 2009, HUD issued a revised notice26 implementing substantive revisions to the October 6, 2008 notice, primarily as a result of changes to the NSP made by Title XII of Division A of the American Recovery and Reinvestment Act of 2009. The effective date of the substantive revisions, as determined by HUD, remained as published in the Federal Register on October 6,2008. Section 2301(d)(4) of HERA,which established requirements for the disposition of revenue generated by NSP assisted activities, was repealed by the Recovery Act. As a result of this repeal, revenue generated from the use of NSP funds and received by a private individual or other entity that is not a subrecipient is not required to be returned to grantee as was required by section 2301(d)(4). A further result of this provision is that program income received after July 30, 2013 is not required to be returned to HUD for deposit in Treasury. However, the program income requirements of the CDBG program are still applicable to income directly generated from the use of NSP funds and received by grantees or subrecipients. Program income received may be retained by Collier County and treated as additional NSP funds and used in accordance with NSP regulations. Substantially all program income must be disbursed for eligible NSP activities before additional cash withdrawals are made from the U.S.Treasury. HUD allows Housing, Human and Veteran Services to use ten (10) percent of the NSP grant and ten (10) percent of program income earned for general administration and planning activities. 25 24 CFR 570.500. 26 Docket No. FR-5255-N-02. 16D9 Page 114 APPROVAL This NSP Administrative Plan replaces the existing Plan approved by the Board of County Commissioners on March 24, 2009, amended October 27,2009,and shall be used in the administration of NSP1 and NSP3. Adopted this 28th day of June, 2011. ATTEST: , , 1'��,tt BOARD OF COUNTY COMMISSIONERS DWIGHT E.,.,BR;WOK; '1.,t1110_,0 COLLIER COUNTY, FLORIDA 49.-1T4c BY: '11-4- W• ttCSt aS',Lo,p4f.Agekry CLERK FRED W. COYLE,CHAIRMAN ,1cina i on`81-,.. .4. APPROVED rS T.4(.9i3NV AND LEGAL SUFFICIENCY BY: L.--d -it__ JENNIFEHITE ASSISTANCE COUNTY ATTORNEY