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Agenda 12/01/2009 Item #17B Agenda Item No. 17B December 1, 2009 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to adopt and authorize the Chairman to sign an ordinance establishing policies, procedures and a standard form to be used by the Board of County Commissioners when selling and conveying real property acquired nnder the Neighborhood Stabilization Program. OBJECTIVE: To adopt and authorize the Chairman to sign an ordinance establishing policies, procedures and a standard form to be used by the Board of County Commissioners when selling and conveying real property acquired under the Neighborhood Stabilization Program. - CONSIDERATIONS: On March 24, 2009, agenda item 10E, the Board of County Commissioners (Board) approved an agreement with the U.S. Department of Housing and Urban Development (HUD) to accept entitlement funding for the Neighborhood Stabilization Program (NSP) in the amount of $7,306,755. Additionally, under agenda item 10F, the Board approved the NSP Administrative Plan, later amended on October 27,2009, agenda item 1608. Since inception, staff has successfully implemented the acquisition component of the program. To date, twenty-seven (27) residential properties have been acquired and an additional four (4) properties are pending contract for purchase. These properties, and all future properties acquired under the NSP, will be redeveloped and rehabilitated prior to being sold to persons or households earning not greater than ] 20 percent of the area median income, adjusted for household size. Many of the properties are substantially complete and will be ready for resale in the coming months. On October 13, 2009, agenda item 1606, the Board directed statT to develop and advertise an ordinance establishing policies, procedures and a standard form to be used by the Board when selling and conveying real property acquired under the NSP. An ordinance is needed to sell and convey property acquired under the NSP because Section 125.35(1)(a), Florida Statutes, requires that notice by publication and competitive bid be utilized to dispose of property belonging to Collier County. Because of the unique nature of the NSP, notice by publication and competitive bid is not a suitable means to provide notice to qualified buyers of the eligible properties. For example, all properties assisted with NSP grant funds must be sold for less than the county paid. As such, competitive bidding would most likely violate the conditions of the grant program. As an alternative to publication and competitive bid, Section 125.35(3), Florida Statutes, allows a county to adopt an ordinance to prescribe disposition standards and procedures when the requirements listed above are not feasible. The standards and procedures must provide for, at a minimum, the following six (6) conditions: I. Establishment of competition and qualification standards upon which disposition will be determined; and .-. Agenda Item No. 17B December 1, 2009 Page 2 of 15 2. Reasonable public notice of the intent to consider disposition of county property and the availability of copies of the standards. Reasonableness of the notice is to be determined by the efficacy and efficiency of the means of communication used; and 3, Identification of the form and manner by which an interested person may acquire county property; and 4. Types of negotiation procedures applicable to the selection of a person to whom county properties may be disposed; and 5. The manner in which interested persons will be notified of the Board's intent to consider final action at a regular meeting of the Board on the disposition of a property and the time and manner for making objections; and 6. Adherence in the disposition of real property to the governing comprehensive plan and zoning ordinances. All funding allocated to Collier County for operation of the NSP must be obligated within eighteen (18) months from the date HUD executed the grant agreement. As such, Collier County has worked diligently to expend program funds in a timely, transparent and responsible manner. The result of these efforts is that Collier County is well ahead of other counties that have received NSP funding. In fact, of the seventeen (17) counties contacted during preparation of this agenda item, only two (2) have adopted ordinances to contemplate the disposition of NSP assisted properties. These ordinances wcre used as models for development of the attached Collier County NSP ordinance relating to the selling and conveying of property acquired under the NSP. The County Attorney's Office has ensured that tile attached ordinance contains the standards and procedures necessary to meet the above referenced statutory requirements. Finally, the attached "As-Is" Contract For Sale And Purchase has been reviewed and approved by the County Attorney's Office to be used by the Board when selling and conveying real property acquired under the NSP. FISCAL IMPACT: The cost of adveliising the ordinance is an eligible grant expense. As such, no general funds were used. GROWTH MANAGEMENT IMPACT: The Neighborhood Stabilization Program will further the goals, objectives and policies of the Growth Management Plan's Housing Element. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient-JBW STAFF RECOMMENDATION: 1. Adopt and authorize the Chaimlan to sign the attached ordinance establishing policies and procedures when selling and conveying real property acquired under the NSP; and ~~, Agenda Item No. 17B December 1, 2009 Page 3 of 15 2. Approve the attached standard "As-Is" Contract For Sale And Purchase to be used when selling and conveying real property acquired under the NSP; and 3. Authorize the Chairman to sign the "As-Is" Contract For Sale And Purchase and any and all other County Attorney's Office approved documents related to the sale or conveyance of real property; and 4. Authorize the County Manager, or his designee, to proceed to sell and convey the real property, to follow all appropriate closing procedures, and to record the Statutory Deed, and any and all necessary documents in the Public Records of Collier County, Florida; and 5. Authorize the sale proceeds to be deposited into the appropriate revenue cost center of the NSP. PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services Jennifer B. White, Assistant County Attorney .,.. Agenda Item No. 176 December 1, 2009 Page 4 of 15 ORDINANCE NO. 2009- .,.,- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO THE DISPOSITION OF REAL PROPERTY ACQUIRED UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM, AUTHORIZED BY TITLE III OF DIVISION B OF THE HOUSING AND ECONOMIC RECOVERY ACT OF 2008; PROVIDING FOR AN ALTERNATIVE TO SUBSECTIONS (1) AND (2) OF SECTION 125.35, FLORIDA STATUTES, BY PRESCRIBING MINIMUM DISPOSITION STANDARDS AND PROCEDURES TO BE USED BY COLLIER COUNTY IN SELLING AND CONVEYING REAL PROPERTY ACQUIRED UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 30, 2008, Public Law 100-289, Title III of Division B of the Housing and Economic Recovery Act of 2008 appropriated $3.92 billion dollars for the redevelopment of abandoned and foreclosed homes and residential properties for a program commonly referred to as the Neighborhood Stabilization Program; and WHEREAS, on March 24, 2009, the Board of County Commissioners approved the "'~ Neighborhood Stabilization Program grant agreement with the United States Department of Housing and Urban Development to accept $7,306,755 in federal funding for activities to benefit Collier County; and WHEREAS, on March 24, 2009, later amended on October 27, 2009, the Board of County Commissioners approved the Neighborhood Stabilization Program Administrative Plan to provide the policies and procedures for operating the Neighborhood Stabilization Program; and WHEREAS, as a condition of accepting Neighborhood Stabilization Program funding, Collier County must expend or commit all funds within eighteen (18) months of execution of the grant agreement with the United States Department of Housing and Urban Development; and WHEREAS, the Housing and Economic Recovery Act of 2008, the grant agreement and applicable federal regulations provide the standards and conditions for the acquisition, improvement and disposition of properties acquired under the Neighborhood Stabilization Program; and WHEREAS, Section 125.35, Florida Statutes, containing the general provisions governing the acquisition and disposition of properties by local governments, and the federal regulations governing the Neighborhood Stabilization Program are not directly compatible; and WHEREAS, Section 125.35(3), Florida Statutes, provides that Collier County may enact an ordinance for the acquisition and disposition of real property that meets the minimum standards and procedures set forth therein; and Page 1 of 4 -".._-- -'.---.-.."., , . Agenda Item No. 178 December 1, 2009 Page 5 of 15 WHEREAS, in order to comply with the federal regulations relating to the acquisition and subsequent conveyance of properties assisted under the Neighborhood Stabilization Program to income qualified persons or households, as defined by the United States Department of Housing and Urban Development, this Ordinance is adopted as an alternative to the provisions of Section ]25.35 (]) and (2), Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: MINIMUM DISPOSITION STANDARDS AND PROCEDURES TO BE USED BY COLLIER COUNTY IN SELLING AND CONVEYING NEIGHBORHOOD STABILIZATION PROGRAM REAL PROPERTY A. Housing and Human Services will maintain a list of Neighborhood Stabilization Program residential properties available for sale or rental to income qualified persons or household, a list of residential properties actively being rehabilitated, and an estimated availability date for all Neighborhood Stabilization Program residential properties. B. Housing and Human Services will market the available residential properties through a variety of public and private resources including, but not limited to. newspaper advertisement, Collier County's government website, social networking internet websites, Collier County TV, housing expos, or any other available resource. C. Housing and Human Services shall provide reasonable public notice of the intent to consider final disposition of Neighborhood Stabilization Program residential properties. Such notice shall be presented as an item on the Board of County Commissioners consent agenda. D. All persons interested in purchasing a residential property assisted under the Neighborhood Stabilization Program shall be pre-qualified by Housing and Human Services. Furthermore, Housing and Human Services will maintain a list of potential purchasers, arranged in chronological order of qualification. E. Purchasers of residential property assisted under the Neighborhood Stabilization Program must have a household income not greater than 120 percent of the local area median income (Naples- Marco Island metropolitan statistical area). F. Applicants will be served on a first-come, first-served basis once eligibility and readiness to purchase has been established. G. The maximum sales price for a property is determined by aggregating all costs of acquisition, rehabilitation, and redevelopment (including related activity delivery costs, which generally may include, among other items, costs related to the sale of the property). In accordance with federal regulations, no residential property assisted under the Neighborhood Stabilization Program may be sold for more than the sum of the aforementioned costs. H. Applicants must obtain a first mortgage, as needed, conforming to the loan conditions and requirements as deternlined by Housing and Human Services. Pa"e20f4 b ,.',,, Agenda Item No. 176 December 1, 2009 Page 6 of 15 I. Upon determination of a proposed conveyance, Real Property Management will prepare a "As- Is" Contract For Sale And Purchase incorporating all details of the transaction. Each "As-Is" Contract For Sale And Purchase shall be approved by the Director of Housing and Human Services, or his/her designee, and by the County Attorney's Office for form and legal sufficiency. Such approval shall be made prior to execution of said contract. J. Purchasers shall be responsible for all closing costs involved in any property transfer, and the "As-Is" Contract For Sale And Purchase will reflect this provision. K. Following appropriate approval, Real Property Management shall supervise the execution of the "As-Is" Contract For Sale And Purchase. Purchasers must provide at least One Thousand and 00/100 Dollars ($1,000.00) earnest money deposit at the time of purchaser's execution of the "As-Is" Contract For Sale And Purchase. L. Earnest money deposits will be held by the title company selected by Real Property Management to assist in the closing of each individual transaction. Any title company selected shall be a County approved vendor. M. Real Property Management will prepare and/or review all documentation required for the closing of transfer transactions, and will coordinate with the County Attorney's Office to obtain approval of all documents for form and legal sufficiency. Real Property Management will obtain proper execution of all documents. N. The Chairman of the Board of County Commissioners is authorized to execute "As-Is" Contracts For Sale And Purchase, Statutory Deeds, and any and all other documents necessary for the transfer of residential properties in accordance with the Neighborhood Stabilization Program Administrative Plan. O. Real Property Management will coordinate with the title companies and/or closing agents to assure proper closing of all transfer transactions, and will deliver closing proceeds as Housing and Human Services shall direct. P. Proceeds from the transfer of properties are considered program income as described in the Neighborhood Stabilization Program Administrative Plan. Q. If a property is transferred to a non-profit provider of affordable housing and subsequently rented, the maximum affordable rent shall not exceed the Fair Market Rents as published annually by the United States Department of Housing and Urban Development for the Naples- Marco Island metropolitan statistical area. Any revenue in excess of allowable costs shall be returned to Collier County as program income. R. Collier County shall comply with Collier County development codes and any applicable zoning ordinance(s) when disposing of Neighborhood Stabilization Program residential properties. ~~", S. Neighborhood Stabilization Progran1 residential property may be sold or conveyed to qualified non-profit organizations for reduced or no monetary consideration if it is determined that the organization can serve the rental or homeownership needs of qualified persons or households. Any such transfer must be approved by the Board of County Commissioners. Page 3 of 4 --.. -_ ~_<'_~c__"","*M* T"--'''~'--- - Agenda Item No. 17B December 1, 2009 Page 7 of 15 T. The provisions contained herein are the minimum disposition standards and procedures to be used by Collier County in selling and conveying Neighborhood Stabilization Program real property. The provisions may be further implemented by the Neighborhood Stabilization Program Administrative Plan, as amended, and approved by the Board of County Commissioners. U. Housing and Human Services will maintain copies of all Neighborhood Stabilization Program documents that are required to be maintained. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any cOUli of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this I" day of December, 2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , DEPUTY CLERK DONNA FIALA, CHAIRMAN Approval for form and legal SufIiciency: Jennifer B. White Assistant County Attorney Page 4 of 4 Agenda Item No. 17B December 1, 2009 Page 8 of 15 -~.. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 17B Meeting Date: Recommendation to adopt and authorize the Chairman to sign an ordinance establishing policies, procedures and a standard form to be used by the Board of County Commissioners when selling and conveying real property acquired under the Nei9hborhood Stabilization Program. 12/1/20099:00:00 AM Prepared By Frank Ramsey Manager - Housing Development Date Public Services Division Human Services 10/27/20093:27:44 PM Approved By Marcy Krumbine Director. Housing & Human Services Date Public Services Division Human Services 10/27/20093:52 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 11/16/20092:20 PM Approved By Marla Ramsey Administrator ~ Public Services Date Public Services Division Public Services Division 11/16/20094:58 PM Approved By Toni A. Mett Manager. Property Acquisition & Const Date M Administrative Services Division Facilities Management 11/19/20092:47 PM Approved By Jennifer White ASSistant County Attorney Date County Attorney County Attorney 11/19/20092:51 PM Approved By OMS Coordinator Date County Attorney County Attorney 11/20120098:02 AM Approved By Jeff Klatzkow County Attorney Date 11/20/20099:39 AM - Approved By John A. Yonkosky Director ~ Management and Budget Date --,...,,,--..-'- -. ~.--.._--~--.-.~, I -,.-.-..-."--.. ----.." Agenda Item No. 178 December 1, 2009 Page 9 of 15 Office of Management & Budget Office of Management & Budget 11/20/200910:11 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 11/20/20091:32 PM '"-- 1 Agenda Item No. 178 December 1, 2009 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS. AND THE FLORIDA lAW of 1 ,--, l' PARTIES: COLLIER COUNTY, a political subdivision of the State of Florida ("S~ller'), 2' and ("Buyer"), 3 hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") 4 pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"): 5 I. DESCRIPTION: 6* (a) Legal description of the Real Property located in County, Florida: 7' S' (b) Street address, city, zip, of the Property: 9 (c) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window treatment(s) unless 10 specifically excluded below. 11 * Other items included are: 12' 13* Items of Personal Property (and leased items, if any) excluded are: 14' - 15' II. PURCHASE PRICE (U.S. currency):. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16 PAYMENT: 17* (a) Deposit held in escrow by STEWART TITLE ("Escrow Agent") in the amount 01 (checks subject to clearance) $ 18~ Escrow Agent's address: 3936 Tamlaml Trall North. Sulte~, Naples. Flonds 34103 Phone: 239~262-2163 19* (b) Additional escrow deposit to be made to Escrow Agent within J:liA.. days after Effective Date In the amount of. . . . . . . . . . $ 20* (c) Financing in the amount of ("Loan Amount") see Paragraph fV below. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21' (d) Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22 (el Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official banI< check{s), subject 23* to adjustments or pl'Orations . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE: 25 (a) ff this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or 26" before , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. Unless other- 27 wise stated, the time for acceptance of any counteroffers shall be 2 days from the date the counteroffer is delivered, 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. 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 or, if applicable, the final counteroffer. 31 IV. FINANCING: 32* 0 (a) This is a cash transaction with no contingencies for financing; 33* 0 (b) This Contract is contingent on Buyer obtaining written loan commitment which confirms undetwriting loan approval for a loan to purchase 34' the Property ("Loan Approva!') within days (if blank, then 30 days) after Effective Date ("Loan Approval Date") for (CHECK ONLY 35* ONE): 0 a fixed; 0 an adjustable; or 0 a fixed or adjustable rate loan, in the Loan Amount (See Paragraph II.(c)) at an initial interest rate not to 36* exceed %, and for a term of years. Buyer will make application within days (if 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 close the loan. Loan Approval which requires a condition related to the sale of otller property shall 39 not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan expenses. Buyer authorizes the mortgage broker(s) 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 Iicensee(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. Seller's Cancellation Notice shall 44 notify Buyer that Buyer has three (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 IV(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 tllereafter the Contract does not close, then the deposit(s) shall be paid to Seller: provided how- 48 ever, if tile failure to close is due to: (D Seller's failure or refusal to close or Seifer otherwise fails to meet the terms of the Contract, or (ii) Buyer's lender 49 fails to receive and approve an appraisal of the Property in an amount sufficient to meet the terms of the Loan Approval, then tile deposit(s) shall be 50 returned to Buyer. 51* i.J (c) Assumption of existing mortgage (see rider for terms); or 52* ::I (d) Purchase money note and mortgage to Seller (see "As Isn Standards Band K and riders: addenda; or special clauses for terms). 53* V. TITLE EVIDENCE: At least 5 days (if blank, then 5 days) before Ciosing a title insurance commitment with legible copies of instruments listed as 54 exceptions attaclled thereto ('Titfe Commrtment") and, after Closing, an o\Alller's policy of tille insurance (see Standard A for terms) shall be obtained by: 55" (CHECK ONLY ONE): 0 (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorn'3Y: or 56" ::I (2) Buyer at Buyer's expense. sr (CHECK HERE): 0 If an abstract of titfe is to be furnished instead of title insurance, and attach rider for torms. 58* VI. CLOSING DATE: This transaction sllall be closed and the closing documents delivered on ("Closing"), unless 59 modified by other provisions of this Contract. in the event of extreme weather or other conditions or events constituting "force majeure", Closing will be 60 extended a reasonable time until: (i) restoration of utilities and other services essential to Closing, and 00 availability of Hazard, Wind. Flood, or Homeowners' 61 * insurance. If such conditions continue more tllon _ days Qf bfank, then 14 days) beyond Closing Date, then either party may cancel this Contract. FAR/BAR ASIS-2 Rev. 9/07 @ 2007 Florida Association of RF^LTDRS" and The Florida Bar All Rigll!S Reserved Page 1 of 5 __.w~,_~_".__ T-"- Agenda Item No. 178 . December 1 2009 62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive 1"M.llee1~1'l1'1'1 [f'nin9, 63 restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on tt-fu plat or otherwise 64 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 1/2 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 (if additional items, seE. 67* addendum); provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property for 68' purposels). 69 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property is intended 70 to be rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to "AS IS" Standard 71 F. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable 72 for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy. 73 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten Dr 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::J may assi9n and thereby be released from any further liability under this Contract; ::J may 76* assign but not be released from liability under this Contract; or 0 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 lien(s), if any, whether certified, confirmed and ratified, pending, or payable in installments, 80* as of Closing, shall be paid as follows: ':l by Seller at closing 0 by Buyer (if left blank, then Seller at Closing). If the amount of any 81 assessment to be paid by Seller has not been finally determined as of Closing, Seller shaH 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 a::;cumulated in a ouilding 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 InfortTation Brochure required by Section 553.996, F,S. 89 (e) If the Real Property includes pre-1978 residential housing, then a lead-based paint rider is mandatory. 90 (f) If Seller 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/COMMUNITY DISCLOSURE. 93 Ih) PROPER1Y TAX DISCLOSURE SUMMARY BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPER1Y TAXES AS T;-IE AMOUNT 94 OF PROPER1Y TAXES THAT THE BUYER IvlAY BE OBLIGATED TO PAY IN THE YElIR SUBSEOUENT TO PURCHASE. A CHANGE OF OWNER. 95 SHIP OR PROPER1Y IMPROVEMENTS TRIGGEP,8 RElISSESSMENTS OF THE PROPER1Y THAT COULD RESULT IN HIGHER PROPER1Y TAXES. 96 IF YOU HAVE A"-jY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PC10PER1Y APPRAISER'S OFFICE FOR INFORMATION. 97 XII. MAXIMUM REPAIR COSTS: DELETED 98* XIII. HOME WARRANTY: 0 Seller '::3 Buyer ':J N/A will oayfor a home warranty pian issued by 99* at a cost not to exceed $ 100' XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have days from Effective Date ("Inspection Period") within 101 which to have such inspections of the Property performed as Buyer shaN desire and utilities service shall be made available by the 102 Seller during the Inspection Period; (b) Buyer shaN 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) shaff survive termination of this Contract; 104 and (c) jf Buyer determines, in Buyer's 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 Seifer prior to the expiration of the Inspection Period. If Buyer timely 106 cancels this Contract, the deposit(s) paid shaN 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 XlV. 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 tilose riders which are applicable AND are attached to and made part of this Contract: 112' ::J CONDOMINIUM ::J VA/FHA 0 HOMeOWNERS' ASSN. ::J LOAD. BASED ~AINT ..J COASTAL CONS-RUCTION CONTROL LINE 113' 'J INSULATION 0 EVIDENCe OF TITLe (SOUTH FLORIDA CONTRACTS) 0 Other ComprehenSive Rider Provisions 0 Addenda 114* Special C1ause(s): 115* 116* 117* 118' 119' 120' 121' 122' 123' 124* 125* 126 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt at a copy 127 of "AS IS" Standards A through Z on the reverse side m attached, w.'1'ch are incmporated as part of this Contract. FAR/8,LI,H AS:S-2 Rev. 9/07 @2007 Florida Assoc,ation of RENTORS'" alld The Florida Bar All ,:::':ights H8served Page 2 of 5 I 128 129 Agenda Item No. 17B December 1 , 2009 THIS IS INTENDED TO BEA LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, Page 12 of 15 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. - 130 131 132 133 134 THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS. AND THE FLORIDA BAR. Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a particular transaction. Terms and conditions should be negotiated based upon the respective interests, Objectives and bargaining positions of all interested persons. AN ASTERISK(") FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED. 135" 136 (BUYER) (DATE) (SELLER) (DATE) 137" 138 (BUYER) (DATE) (SELLER) (DATE) 139* Buyers' address for purposes of notice Sellers' address for purposes of notice c/o CC RPM 140" 3301 E. Tamiami Trail, Naples, Florida 34112 141" Phone _(239) 252-8991 Phone 142 BROKERS: The brokers (including cooperating brokers, if any) named below are the only brokers entitled to compensation in connection with 143 this Contract: 144* Name: 145 Cooperating Brokers, if any Listing Broker . "_,, FAR/BAR ASIS-2 Rev. 9/07 @ 2007 Florida Association of REALTORS'" and The Florida Bar All Rights Reserved Page 3 of 5 -.-...~'..._" _.."e_ - ..,--..,- _....,_.._.",~_..,.. I - ...",,"."..-.-.-----.- 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 Agenda Item No. 17B December 1, 2009 Page 13 of 15 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the deed to Buyer, an owner's policy at title insurance in the amount of the purchase price, insuring Buyer's marketable title to the Real Property, subject only to matters contained in Paragraph VII and those to be discharged by Seller al or before Closing. Marketable title shall be determined according to applicable Title Standards adopt- ed by authority of The Florida Bar and in accordance with law. Buyer shall have 5 days from date of receiving the Title Commitment to examine it, and if title is found defective, notify Seller in writing specifying dofect(s) w'lich render title unmarketable. Seller shall have 30 days from receipt of notice to remove the defects, failing 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- able oeriod not to exceed 120 days within which Seller shall use diligent effort to remove the defec:ts: or (2) requesting a refund of deposi1(s) paid which shall be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deeMed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) within the time provided. If, after diligent offort, Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(sl, thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller is to orovide the Title Commitment and it is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt to examine same in accordance with this "AS IS" Standard, B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note 10 Seller shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace period If a second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall permit acceleration in event of transfer of the Real Property; shall require all prior liens and encumbrances to be kept in good standing: shall forbid modifications of, or future advances under, prior mortgage(s); shall require Buyer to maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the Real Property against fire and all perils included within the term "extended coverage endorsements" and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note and security agreement shall be othervvise in form and content required by Seller, but Seller may only require clauses and coverage customarily found in mort- gages, mortgage notes and security agreements gonerally utilized by savings and loan 'nstitutio'ls or state or national banks iocated in the county wherein the Real Property is locatod. All Personal Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a securrty agreement evi- denced by recorded or filed financing stateMents or certificates of titie, If a bailoon mortgage, the final payment will exceed the periodic payments thereon. C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certi- fied by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a titie defect. D. WOOD DESTROYING ORGANISMS: DELETED E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described in Paragraph VII hereof and title to the Real Property is insurable in accordance with "AS IS" Standard A Wit-lout exception for lack of legal right of access. F. LEASES: Seller shall at least 10 days beforo Closing, furnish to Buyer copies of all written iesses and 8stoppelletters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to ob1ain such letter from each ten- ant, the same information shall be furnished by Seiler to Buyer withir that time penod in 1.18 form of a Seller's affidavit, and Buyer may thereafter contact ten- ant to confirm such II~formation. If th8 terms of the leases differ materially trom Seller's representations, BUy'er may terminate tllis Contract by dellve:-ing written notice to Seller at least 5 days prior to Closing, Seller shall, at Closing, deliver and assign all original leases to Buyer. G. LIENS: Seller shall furnish te Buyer at time of Closing an aridavit attesting to the absence, unless othervvise provided for herein, of any financing statement, claims of lien or potentiallienors known to Seller anC further attesting that the~e have been no Improvements or re;Jairs to the Real Property for 90 days imme- diately preceding date of Ciosing. If the Roal Property has been improved m repaired witllin that time, Seller shall deliver releases or waivers of constructior liens executed by all general contractors, subcontractors, suopliers a'ld materialmen in 8ddition to Seller's lier affidavit setting forth the names of all such gcn- eral contractors, subcontractors, supplie~s a,.,d materialmen, further affirming that all charges for Improvements or repairs which could serve as a basis for a construction iien or a claim for damages have been paid or will be paid at the Closing of this Contract. H. PLACE OF CLOSING: Closing shall be held in the courty whcrCIIl tile Real Property is located at the office of the attorney or other closing agent ("Closing Agent") designated by the party paying for title insur-ance, or, if no litle illsurance, designated by Sellor. ~ I. TIME: Calendar days shall be used in computhg time periods except pel-iads of less 1han six (6) days, in which event Saturdays, Sundays and state or nation- allegal nolidays shall be excluded. Any tirne periods provided for herein which shall elld on a Saturday, Sunday, or a Iogal holiday shall extend to 5:00 p.lTl. of the next busi'less day. Time is of the essence in this Contract. J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, cert~flcate of title, construction iie:l affidavit. 'owner's possession affidavit, aSSignments of leas- es, tenant and mor1gagee estoppel letters and corrective instruments, Buyer shall furnish mortgage, mortgage note, security agreement and financing statements. K. EXPENSES: Documentary stamps on tile deed and recording of corrective instruments shall be paid by Seller. All costs of Buyer's loan (whether obtained from Seller or third party), including, but not limited to, documentary stamps and Intangible tax on the purchase money mortgage and any mortgage assumed. m01gagee title insurance commitment wilh related fees, and recording of purchase money mortgage, deed and finanCing statements shall be paid by Buyer. Unless otherwise provided by law or rider to this Contract, charges for related closing services. title search, and closing fees (including preparation of closing statement), shall be paid by the party responsible for fumishing the title evidence in accordance with Paragraph V. L. PRORATIONS; CREDITS: Taxes, assessments, rent. inlerest, insurance and other expenses of 1he Property shall be prorated through the day before Closing. Buyer shall have the option of taking over existing policies of insurance, if Gssumable, In which event premiums shall be ororated. Cash at Closing shail be increased or decreased as may be reqUired by prorations to be made t'lrcugh day pnor to Closing, or occupancy, if occupancy occurs before Closing. Advance rent and security deposits will be credited to Guyer. Escrow deposits held by mortgagee will be credited to Seller, Taxes shall be prorated based on the current year's 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- age is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assess- ment is not available, then taxes will be prol-ated on pr.or year's tax. If there are completed improvements all tile Real Property by January 1 st of year of Closing, which improvements were not in exis1ence on Jenuary 1 st of prior year. lhen taxes shall be prorated based upon prior year's :nil;agc and at an equitable assess- ment to be agreed upon between the parties; failing which. I.equest sllall tie maae to the County Property Appraiser for an informal assessment taking into account available exemptions. A lax proration based on an estimate shall, at rEquest of either party, be readjusted upon receipt of current year's tax bill. M. (RESERVED - purposely left blank) N. INSPECTION AND REPAIR: DELETED O. RISK OF LOSS; If, after the Effective Date, the ,:::Jropcrty is dalraged by fire or olller casualty ("Casualty Loss") before 810sing alld cost of restoration (which shall include the cost o' pruning or r-omoving damaged trees) joes not oxcoed 1.5% of the purchase Price, cost of restoration shall be an obligation of Seller and Closing shall proceed pursuanl to the ter'T1S of this Contract, and if restoration is not completeC as of Ciosing. restoration costs will be escrowed at Closing. If the cost of restoration exceeds '1.5% of the Purchase Price. Buyer shall either take the Property GS is, together with tho 1,5% or receive a refund of deposit(s) thereby releasing Buyer and Sellen from allfu1her obligations under this Contract. Seller's sole obligation with rsspect to tree damage by casualty or other natu- ral occurrence shall be the cost of pruning or rerloval, P. CLOSING PROCEDURE; The deed shall be recorded upon c1car-ance of funds. If the title agent insures adverse Matters pursuant to Section 627.7841, FS., as amended, tile escrow and closing procedure required b'j/ this "AS IS" Standard shall be waived. Unless waived as set forth above the following FAR/BAR ASIS-2 Rev, 9/07 @ 2007 Florida Association of 1-'ir:i\LTOH,sz and The Florida Sar All Rights Reserved Page 4 of 5 218 219 .. 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 . 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 Agenda Item No. 176 December 1, 2009 Page 14 of 15 II , , I , 1r I , 1 I , "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 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) If 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 have 30 days from date of receipt of such notification to cure the defect; (3) If Seller fails 10 timely cure the defect, all deposits and closing funds shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and, SImultaneously with such repayment, Buyer shall return the Personal Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand 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- ranties contained in the deed or bill of sale. Q. ESCROW: Any Closing Agent or escrow agent (collectively "Agent") receiving funds or equivalent is authorized and agrees by acceptance ofthem to deposit them promptly, hold same in escrow and, subject to ciearance, disburse them in accordance with terms and conditions of this Contract. Failure of funds to 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- tinue 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 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 a party and also acts as Agent may represent such party in such action. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with 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 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 be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs In favor of the prevaiiing party. The Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to the escrow, unless such misdelivery is due to willful breach of the provisions of this Contract or gross negligence of Agent, R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such liti- gation, which, for purposes of this "AS IS" Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonabie attorney's fees, costs and expenses. S, FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by Buyer and deposit(s} agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for 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, at Seller's option, may proceed in equity to enforce Selier's rights under this Contract. If for any reason other than failure of Seller to make Seller's title mar- ketable after diligent effort, Seller fails, neglects or refuses to perform this COn1ract, Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach, T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither' this Contract nor any notice of it shall be recorded in any public records, This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the contex~ permits, singular shall include plural and one gender shall include all. Notice and delivery given by or to the attorney or broker representing any party shall be as effective as If given by or to that party. All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile or electronic (including "pelf") copy of this Contract and any signatures hereon shall be considered for all purposes as an original. U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at the request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless Included in this Contract. No mod+ ification to or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the parties Intended to be bound by it. W, SELLER DISCLOSURE: (1) There are no facts known to Seller materially affecting the value of tile Property which are not readily observable by Buyer or Wllich have not been disclosed to Buyer; (2) Seller extends and intends no warranty and makes no representation of any type, either express or implied, as to the physical condition or history of the Property; (3) Seller has received no written or verbal notice from any governmental entity or agency as to a currently uncorrected building, environmental or safety code violation; (4) Seller has no knowledge of any repairs or improvements made to the Property without compliance with governmental regulation which have not been disclosed to Buyer. X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, including, 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 reasonable notice, provide utiiities service and access \0 the Property for appraisal and inspections, including a walk-through prior to Closing, to confirm that 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 assignable repair and treatment contracts and warranties to Buyer at Closing. Y. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like-kind exchange (either simultaneous with Closing or deferred) with respect to the Property under Section 1031 of the Internal Revenue Code ("Exchange''), the other party shall cooperate in all reasonable respects to effectuate the Exchange, includ* Ing the execution of documents; provided (1) the cooperating party shall incur no liability or expense related to the Exchange and (2) the Closing shall not be contingent upon, nor extended or deiayed by, such Exchange. Z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by Jaw, against any real estate licensee involved in the negotiation of the Contract, for any defects or other damage that may exist at Closing of the Confract and be subsequently discovered by the Buyer or anyone claiming by, through, under or against the Buyer. FAR/BAR ASIS-2 Rev, 9/07 @ 2007 Horida Association of REALTORS'" and The Florida Bar All Rights Reserved Page 5 of 5 _ e....~._.__.__ "..._ ._-_.,,-,--- .--..,_.,-_._--,--- r'U . Agenda Item No. 176 December 1 , 2009 Page 15 of 15 Naples Daily News · Friday, November 20, 2009 . 19D . . ,..,_..__.",..w..".,.__,.""'_,....,. . NOTICE OF INTENTTO CONSIDER ORDINANce" ; .. -: ---d:'- , ~:i':: _Notice Js' he~eby 'giVen ,:th'~ on Tues- ,!,;I day, December t, 2009; -. irf the Board~ ,',i:,~9Pm;, 3r~~Floor.:'Admiflistration ,Builq,.' . --lng, Collier County, Government Cen- I tel', 3301 East Tamiami Trail" Naples, ! Florida, the Boardcif County Commis- sioners 'will consider the enactment af a County Ordinance. The meeting wilt commence at 9:00 A.M. The title' of the proposed Ordinance is as follows:' , -"",., ',., ' AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLJER COUNTY, FLORIDA, RELATING TO THE DISPOSITION OF REAL PROPERTY ACe QUI RED UNDER THE NEIGHBORHOOD STABILIZATION .. pROGRAM,. AUTHOR. IZED BY TITLE III OF DIVISION B OF THE HOUSING - AND ECONOMIC RE. COVERY ACT. OF 2008; PROVIDING FOR AN' ALTERNATIVE - TO SUBSEC. TIONS (1) AND (2) OF SEmON 125.35.' FLORIDA STATUTES, BY PRESCRIBING ,MINIMUM DISPOSITION STANDARDS AND' PROCEDURES TO BE USED BY COlliER COUNTY IN SElLING AND CONVEYING REAL PROPERTY AC- QUIRED UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM; PROVID- ING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDI- NANCES; PROVIDING FOR CONFLICT AND' SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. . NOTE: All persons wishing to speak on any agenda item must register with the County adminis~rator prior to pre-- sentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an indivjdual to speak on behal( of an organization or group is encouraged. If recognized by the Chairman, a spoke-sperso!? for a group ~-J _~_'__ .M...____. M ,^'..'.'~ "_,,,_,,,_,__,,,,_,,,,_,__,"._.,~'''~' - or organization may be alloned 10 minutes t'o speak on a,n-item, Persons wishing to _ have 'wri~en or graphic matenals Included In, the Soard agenda packets must, sljbmit said material a minimum of 3 weeks prior to the respective public hearing. In any case, wrjtten materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public ~earing. All material us~d in presentatIons before the Board WIll become a j:iermanent part of the reo cord, - Any person who ,decides "to appeal a decision of the Board will need are. cord of the proceedings ,pertaining thereto and therefore, may. need to ensure that a verbatim record of the proceedings is ,made, which re'cord in~__" eludes the testimony'- and evidence upon whic~ the appe~lj,s 9ased., .. If you are a person with a disability who needs any accommodation in or- der to participate in this proceeding, you are entitled, ,at no cost to"you, to the provision of certain assistance. Please contad the Collier County Fa- cilities Management Department, lo- cated at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-B3BO. Assisted listening de- vices for the hearing ,impaire~ ,ate available in the County Commlsslon,- en' Office. BOARD Of COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) . November 20,2009 N01B25427 .