Addendum #1
PROJECT: Neighborhood Stabilization Program
ADDRESS: 2540 50th Avenue NE
FOLIO NO: 38963040001
ADDENDUM TO
PURCHASE AGREEMENT
THIS ADDENDUM TO PURCHASE AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into this day of , 2009, by and
between DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for IXIS 2006-
HE1, whose mailing address is c/o Shapiro & Fishman, LLP, 10004 N. Dale Mabry Highway,
Suite 112, Tampa, FL 33618 (hereinafter referred to as "Seller"), and COLLIER COUNTY, a
Political Subdivision of the State of Florida, its successors and assigns, whose mailing
address is 3301 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as
"Purchaser");
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described as follows:
THE EAST 75 FEET OF THE EAST 150 FEET OF TRACT 33, GOLDEN GATE ESTATES
UNIT NO. 44, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7,
PAGE 29, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
WHEREAS, Seller desires to convey the Property "as is" to Purchaser for the stated
purposes and Purchaser desires to acquire the Property "as is", on the terms and conditions
set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. Seller shall convey the Property to Purchaser via Special Warranty Deed for the sum of
Sixty Nine Thousand Nine Hundred Dollars ($69,900) U.S. Currency, payable by
County Warrant (said transaction hereinafter referred to as the "Closing"). Said
payment shall be full compensation for the Property conveyed, including all
landscaping, trees, shrubs, improvements, and fixtures located thereon. This is a cash
transaction with no contingencies for financing.
2. The Closing of the transaction shall be held on or before forty-five (45) days following
execution of this Agreement by Seller. The Closing shall be held at the Collier County
Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. At
Closing, Purchaser shall deliver the County Warrant to Seller and Seller shall deliver
the fully executed Special Warranty Deed to the Purchaser. Purchaser shall be entitled
to full possession of the Property at Closing.
3. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or
qualifications. Marketable title shall be determined according to applicable title
standards adopted by the Florida Bar and in accordance with law.
4. Each party shall be responsible for the payment of its own attorney's fees. Seller, at its
sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to
the recording of the Special Warranty Deed, in accordance with Chapter 201.01, Florida
Statutes, and the cost of recording any instruments necessary to clear Seller's title to
the Property. The cost of the title commitment and the title policy shall be paid for by
the Purchaser.
5. Purchaser shall pay for the cost of recording the Special Warranty Deed. Real Property
taxes shall be prorated based on the current year's tax and paid by Seller. If Closing
occurs at a date which the current year's millage is not fixed, taxes will be prorated
based upon such prior year's millage.
6. Any and all brokerage commissions or fees shall be the sole responsibility of the Seller.
Seller shall indemnify Purchaser and hold Purchaser harmless from and against any
claim or liability for commission or fees to any broker or any other person or party
claiming to have been engaged by Seller as a real estate broker, salesman or
representative, in connection with this Agreement.
Addendum to Purchase Agreement
Page 2
7. Conveyance of the Property by Seller is contingent upon no other provIsIons,
conditions, or premises other than those so stated herein; and the written Agreement
shall constitute the entire Agreement and understanding of the parties, and there are no
other prior or written or oral agreements, undertakings, promises, warranties, or
covenants not contained here.
8. This Agreement and the provisions hereof shall be effective as of the date this
Agreement is executed by both parties and shall inure to the benefit of and be binding
upon both parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the
contest so requires or admits.
9. Any amendment to this Agreement shall not bind any of the parties hereof unless such
amendment is in writing and executed and dated by Purchaser and Seller. Any
amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it
has been executed by both parties.
10. No waiver of any provisions of this Agreement shall be effective unless it is in writing
signed by the party against whom it is asserted, and any waiver of any provision of this
Agreement shall be applicable only to the specific instance to which it is related and
shall not be deemed to be a continuing or future waiver as to such provision or a waiver
as to any other provision.
11. This Addendum to Purchase Agreement amends and supplements the Contract and, if
applicable, escrow instructions. In the event there is any conflict between this
Addendum and the Contract or escrow instructions or notice or other documents
attached and made a part of the agreement between the parties, the terms of this
Addendum take precedence and shall prevail, except as otherwise provided by
applicable law.
12. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum to
Purchase Agreement on this day of , 2009
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED:A{t-~
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BOARD OF COUNTY COMMISSIONERS
COLLIER Cf!NTY, FLORIDA
BY. II, k
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Addendum to Purchase Agreement
Page 3
AS TO OWNER:
DATED:
DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE FOR IXIS
2006-HE1
By:
Witness (Signature)
Name:
(Print or Type)
(Signature)
Print Name
Witness (Signature)
Name:
(Print or Type)
Title
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. ._.~:Ll~Ci unty Attorney
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