Purchase Agreement
PROJECT: Neighborhood Stabilization prk~t \~
ADDRESS: 2820 4ih Ave NE .." ____
FOLIO NO: 39839280004
lOF
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into this day of , 2009, by and between U.S. BANK
NATIONAL ASSOCIATION, whose mailing address is c/o Florida Default Law Group, P.L.,
P.O. Box 25018, Tampa, Florida 33622-5018 (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 WEST 180 FEET OF TRACT NO. 87, GOLDEN GATE
ESTATES UNIT NO. 63, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED
IN PLAT BOOK 7, PAGE 63, 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 Two Thousand Nine Hundred and no/100 Dollars, ($62,900) U.S. Currency,
payable by County Warrant or Wire Transfer (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 July 10, 2009. The Closing
shall be held at the Collier County Attorney's Office, Administration Building, 3301
Tamiami Trail East, Naples, Florida, or through Seller's Title Company. At Closing,
Purchaser shall deliver the County Warrant or Wire Transfer 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 Seller.
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.
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
10 F ~~
Purchase Agreement
Page 2
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 Agreement is governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of , 2009
Date property acquisition.a,I?proved by BCC: March 24, 2009, Item 10F
.,:;*~'
AS TO PURCHASER'~"i'
"".'1'1 -'
DATEl?:'l':
. ~
BOARD OF COUNTY COMMISSIONERS
COLLIER ITY. FLORID~
BY: ~ d.L4lk,
Donna iala, Chairman .
DATED:
U.S. BANK NATIONAL ASSOCIATION
By:
(Signature)
Print Name
Title
APproV(;~ a
legal CI
I:
1 0 F .'~
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD
CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
Chase Home Finance Counterproposal to Purchase and Sale Agreement
t)!,j 61+-,.)/<- ~ ;.)fttlol'l4L I1SSalltftr;N
RE: This counterproposal amends the proposed Contract dated 5/14/2009_ between ~Wll'" uf Rvv...d, (Seller) and COLLIER
COUNTY, (Buyer), relating to the sale and purchase of the following described real estate in the County of COLLIER, FL: C 7 S' /"I!!c T
t9~ Tl+e tAl /'!ol=r of}:, T~.'8'7, 6oLi)P) CTF'rTe es,alt:?S t.lAJ/7 b9 /'Is Rt5'c.M~.P6IJ
/,J pt..A-T BOOIC 7/, r'46C bs" jPt/~c..(c.:.l2eCCvZ8s or ~C''-L-/~ (/oZJ,;0t"<j ;::L.oal1J.4
Known as 2820 NE 47 AVE NAPLES. FL 34120. (Property) /'
SECTION I
The Buyer accepts the counterproposal which amends the proposed Contract as follows:
.
w,.f.h;" ID f)A'/S of
PRICE: The total Purchase Price shall be $$62.900.00. The Earnest Money ofS$6.29O.00 is due 8fMIII acceptance and is
to be held by the Selter's/buyer's Title Company or Seller's/buyer's Attorney. ..A
.
SELLER CONCESSIONS:
Closing Costs (not to exceed):
Repair credit/allowance:
Negotiated Treatment and/or repairs:
Lender Required Repairs:
Homeowners Warranty Amount;
Other: S A BONUS
Other;
$-
$-
$-
$-
$-
$$3,000.00
L-
Commission is paid on gross sales price
If Seller has agreed to any costs on behalf of the Buyer, these costs will be reimbursed at the time of closing. In the event
closing does not occur, Buyer will be responsible for any costs he or she has incurred resulting from this Contract. Agreed
upon closing costs paid by Seller will be reimbursed at the time of closing based on actual closing costs (not a lump sum
credit).
. CLOSING: The closing shall be on or before 7/10/2009. (the "Closing Date") The Seller's Closing Agent will be
Sunbelt Title Al!encv
. 26750 U.S. Hwv 19North ste400 Clearwater. FL 33761
. PHONE 727-723-6002
. FAX 303-876-1315
. Suzanoe.michael@.sunbelttitle.com
. CONTACT Suzanne Michael.
TIME IS OF THE ESSENCE IN THIS CONTRACT.
IN THE EVENT ANY PROVISIONS OF THIS COUNTERPROPOSAL CONFLICT IN WHOLE OR IN PART WITH THE
TERMS OF THE CONTRACT FOR SALE TO WHICH IT IS ATTACHED, OR ANY ADDENDA TO THE CONTRACT,
THE PROVISIONS OF THIS COUNTERPROPOSAL WILL PREVAIL UNLESS SUCH PROVISIONS ARE CONTRARY
TO ANY LAWS OR OTHER APPLICABLE LEGAL PROHIBITIONS, IN WHICH CASE THE CONTRACT SHALL
GOVERN ONLY TO THE LIMITED EXTENT NECESSARY FOR COMPLIANCE WITH SAME.
Buyer's Initials
The terms and conditions of this Contract are further countered and/or modified to include the following:
I. Special Warranty Deed. The Seller shall furnish to Buyer at closing...... a Special Warranty Deed, 1 Quittlllilll gllllill li'r itB
~al "<:(":".''I'"t. Buyer intends to hold title in the name of: COLLIER COUNT~ ~ P~'-I-r, C~L S ()BDI 1/, S'1t'l.)
D~ Trle 6-rA-rE aF .c<.c~IJR
Buyer's Initials
2. Consideration of Offers. Buyer acknowledges that Seller may have received offers prior to or may receive offers after receipt of this
offer. Buyer acknowledges that the Seller may consider all offers to purchase. regardless of the date of receipt and that Seller may
accept or reject any offer in its sole discretion. Seller's acceptance of this offer is evidenced solely by Seller's signature herein and no
prior oral discussions or representations if any by Seller or its agents, shall be binding against Seller unless set forth in this
Counterproposal
3. Special Conditions. Buyer acknowledges that Seller obtained the Property by foreclosure or a deed in lieu of foreclosure. The
Contract may be subject to the following; (1) approval by the private mortgage insurer, (2) repurchase of the Property by the prior
mortgage servicer or insurer, or (3) the ability of the Seller to clear title as required by the Contract. In the event that any of these
Buyer's Initials
Seller's Initials
lOF
conditions apply, the Seller shall notify the Buyer that the sale is canceled and the Seller shall promptly refund the Buyer's earnest
money. This shall be the Buyer's sole and exclusive remedy and Seller shall have no further obligations to the Buyer whatsoever.
T.hP prnp.-,!!' i,,,"bjiClt tq _..eM ( 1 ) ) tar~llIt O~ D"d"PllltiIlA It.AiAR waR! the fareeloNft-'e Ii.tr q{ If t". '1I~lICt
..,r4I'n-~y ic ~"A" :- till lSu.t\. or AI_IIa......
Neither Seller nor any person acting as Seller's representative or agent has occupied the Property and neither warrants or represents that
the Property or any alterations or additions which may have been made to the Property conform to local building codes, zoning
requirements or any other applicable laws, rules or regulations.
Buyer hereby acknowledges that Seller shall not be providing Buyer with a Real Estate Transfer Disclosure Statement and/or a
Certificate of Occupancy with respect to the Property. Buyer hereby waives any requirement that Seller furnish Buyer with any such
disclosure statement and/or a Certificate of Occupancy and hereby releases Seller and its representatives or agents from any and all
liability resulting from the non-delivery of such disclosure statement and/or Certificate of Occupancy.
Buyer's Initials
Mold, mildew spores and/or other microscopic organisms and/or allergens (collectively referred to in this Agreement as "Mold") are
environmental conditions that are common in residential properties and may affect the Property. Mold, in some forms, has been
reported to be toxic and to cause serious physical injuries, including but not limited to, allergic and/or respiratory reactions or other
problems, particularly in persons with immune system problems, young children and/or elderly persons. Mold has also been reported to
cause extensive damage to personal and real property. Mold may have been removed or covered in the course of any cleaning or
repairing of the Property. The Buyer acknowledges that, if Seller, or any of Seller's employees, contractors, or agents cleaned or
repaired the Property or remediated Mold contamination, that Seller does not in any way warrant the cleaning, repairs or remediation.
Buyer agrees to purchase the Property "AS-IS," subject to the Property conditions that exist as of the Closing Date. Buyer accepts full
responsibility for all hazards that may result from the presence of Mold in or around the Property. Buyer is satisfied with the condition
of the Property notwithstanding the past or present existence of Mold in or around the Property and Buyer has not in any way, relied
upon any representations of Seller, Seller's employees, officers, directors, contractors, or agents concerning the past or present existence
of Mold in or around the Property.
Buyer's Initials
4. Personal Propertv. Items of personal property are not included in this sale. Seller makes no representation or warranty as to the
condition of personal property, title to personal property or whether any personal property is encumbered by liens. Buyer agrees that
Seller shall have no liability for any claim or losses Buyer or Buyer's successors and/or assigns may incur as a result of any condition or
defect which may now or hereafter exist with respect to the Property. There will be no Bill of Sale provided at Closing with the
exception of the Mobile Home title.
Buyer's Initials
S. Occupied Property. In the event the Property is occupied by tenant(s), Seller makes no representations regarding (i) the existence of
a written lease agreement, (ii) the term of such tenancy, (Hi) whether or not the tenants are current with their rent payments, (iv) the
amount of rent that should be paid, or (v) compliance with rent control or registration laws or any other applicable federal, state and/or
local law. In addition the Seller does not hold any security deposits for any tenant(s) and will not transfer any security deposits to the
Buyer. After closing of the purchase and sale of the subject Property, it shall be the Buyer's sole responsibility for the return of security
deposits and any interest upon demand of any tenant(s).
6. As Is Condition. Buyer accepts the Property in "AS IS" condition at the time of closing, including any hidden defects known
or unknown. Buyer understands, acknowledges lInd agrees that neither Seller nor any person acting as Seller's representative
and/or agent is making any warranties or representations, either express or implied, as to the condition of the Property. The
Property is being conveyed to Buyer(s) in its "AS IS, WH ERE IS" condition. It is the right and responsibility of the Buyer to
inspect the Property and Purcbaser must satisfy himself/herself as to the condition of the Property. Buyer hereby releases and
agrees to bold harmless Seller and Seller's agents from any and all claims or liability with respect to the condition of the
Property. Buyer acknowledges that any costs associated with treatment for wood-boring insects (termites, bees, etc), or to
repair existing wood-boring insect damage, is to be at the expense of the buyer.
Seller, most specifically, make no warranty or representation to whether the utilities serving the Property are public or private.
Buyer's Initials
7. Buver's Rll!ht to Inspect: Buyer acknowledges its opportunity to inspect and investigate the Property and all improvements thereon,
either independently or through agents of Buyer's selection. Buyer agrees that these inspections shall be made at Buyer's own expense
and all such inspections shall be completed within seven (7) days from the execution of this Counterproposal by the Seller. Buyer shall
rely solely on Buyer's inspection and review to evaluate the condition of the Property. Buyer further acknowledges and agrees that
he/she is not relying on any statements or representations made by Seller or Seller's agents (including but not limited to information
disclosed on the MLS) as to the condition of the Property and/or to any improvements thereon, including, but not limited to, heating,
sewage, roof, foundations, soils, septic, lot size or suitability of the Property and/or its improvements for particular purposes or that any
appliances, if any, plumbing and/or utilities are in working order, and/or that the improvements are structurally sound and/or ill
Buyer's Initials Seller's Initials 2
lOF
sound and/or in compliance with any local, city, "ounty, state and/or federal statutes, codes or ordinances. Buyer acknowledges that it is
Buyer's responsibility to obtain inspection reports as to the condition of the Property and/or to any improvements thereon, by qualified
professionals on the appliances, structural components, heating 1 air conditioning, sewage, roof, foundations, soils. septic systems,
plumbing, suitability for use of the Property, utilities and to determine the presence of any toxic or hazardous substances on the
Property, including, but not limited to, radon, asbestos, lead paint, mold or any other factors that would render the Property
uninhabitable or dangerous to the health of the occupants, or otherwise not in compliance with any law or regulation, or any other
factors regarding the Property about which Buyer may be concerned. If Buyer fails to inspect the Property, such failure :;hall not alter or
impair the understanding and agreement between the Seller and Buyer as set forth in the Contract. No inspections may be made by any
building or zoning inspector or government employee without the prior consent of Seller.
Buyer agrees to indemnify Seller and fully protect, defend and hold Seller, its affiliates, parent, tenants, agents, employees and
contractors, harmless from and against any and all claims, costs liens, loss, damages, attorney's fees and expenses of every kind and
nature that may be sustained by or made against Seller or any damage to the Property or to any adjoining property, or any injury to
Buyer or any other persons that may result or arise out of inspections made by Buyer or its agents, contractors, employees and/or
contractors prior to closing.
8. Risk of Loss: Seller shall maintain the Property until transfer of title in materially the same condition as of the date of the
acceptance of this Counterproposal, except for ordinary wear and tear. I f prior to closing, the Property is damaged, the Seller may make
repairs to restore it to the same condition as of the date of acceptance of this Counterproposal. If the Seller elects to not repair the
Property, the Buyer may accept the Property in its damaged condition, re-negotiate the Contract or declare the contract null & void upon
which the earnest money deposit will be returned to the Buyer which shall be Buyer's sole and only remedy. Under no condition will
Seller's insurance proceeds, if any, be assigned to the Buyer.
Upon closing, Seller shall be relieved of all responsibility and liability for maintaining hazard, flood, or title insurance on the Property.
All hazard, flood and title insurance policies shall be terminated by Seller immediately upon Closing. Buyer will be responsible for
obtaining the required hazard, flood and mortgagee title insurance if lender so requires prior to closing.
9. Subiect to: (Initial applicable sections; non-applicable sections should be marked "N/A")
_LA.
CASH: The Contract for Sale, to which the Counter Proposal is attached, is a cash transaction.
Verification of funds required to close shall be provided to Seller with the Buyer Executed copy of this
Counter Proposal. Buyer, herewith, acknowledges and agrees that five (5) days from the inspection
deadline, the earnest money shall become non-refundable. If this sale fails to close on the Closing Date,
herein, due to the Buyer's fail to provide cash at the Closing, or for any other related reasons including but
not limited to a change from cash to financing, both the Buyer and Seller agree that all earnest monies shall
be immediately released 10 the Seller as liquidated damages.
~H- B.
Execution of this document, will serve as a written release, and the only release necessary, for the escrow
company or closing agent to immediately release this earnest money to the Seller.
The Buyer may obtain tinancing from the lender of Buyer's choice. Within seventy-two (72) hours of
execution of this Counter Proposal, Buyer agrees either to apply for financing or to provide evidence to the
Seller that a lender has pre-approved Buyer for financing. Proof of lender's unconditional commitment to
lend must be provided to Seller with _14_ days of execution of this Counter Proposal. Buyer shall pay
for any and all costs associated with the loan application process, including but not limited to Application
fee, appraisal and credit report, unless Buyer's payment of such a cost is restricted due to tinancing insured
by a governmental agency.
10.survev and Other Costs: If a survey is required to close, it will be the sole responsibility of Buyer to obtain a survey acceptable to
the Title Company and the lender within the stated closing period herein and will be at the Buyer's expense. In the event the Seller is
obligated to give extended coverage, which is normal and customary, Seller will not be required to do so if the tille company requires a
survey and a survey has not been obtained by the Buyer at Buyer's sole cost which is acceptable to the title company. Additionally, if
Buyer elects to have attorney representation at closing, it will be at the expense of the Buyer.
11. SettlementiClosinl!. The settlement/closing shall be held in the offices of the Seller's attorney or agent or at a place designated and
approved by the Seller. Closing shall occur on or before the 7/10/2009 and the Purchaser shall make every effort to meet this
deadline. ~lIlli 11M 9163i"1; ntelMl he) !lall tlrirdMer-~~.~Sellerl 8tittT ~h811 ii, eftiitled-w-~
fell for lath d., af SlIlI!I. Said extension must be in writing and pre-approved by the Seller. Notwithstanding the foregoing, it is
understood and agreed tllat Seller shall retain the right to cancel the Contract and pursue the remedies contained herein if the
Buyer fails to meet the stated deadline. The sale may not close in escrow without the prior written consent of the Seller.
12. Nel!ative Sale Proceeds: It is agreed by Buyer and Seller that if unforeseen judgments, liens or assessments result in negative sales
proceeds to the Seller, the Seller reserves the right to cancel the Contract and return any deposit monies to the Buyer.
13. Prorations at Closinl!:: All prorations, including but not limited to, taxes, HOA dues & assessments, utilities, including but not
limited to, gas, electric, water and sewer charges, shall be to date of closing. Any pre-payments made by the seller, covering any period
of time past the date of closing, for taxes, HOA dues & assessments, utilities, including but not limited to, gas. electric, water and sewer
charges will be refunded to the seller by the buyer at closing.
Buyer's Initials
Seller's Initials
3
lOF
Tax prorations shall be based on 100% of the last available tax bill or upon the Tax Assessor's latest valuation and the current tax rate.
Any special assessments which are now a lien on the Property and payable in installments shall be prorated to date of closing and shall be
assumed and paid by the Buyer from that date forward. All pre-payments made by the seller covering any period of time past the date of
closing will be refunded to the seller by the buyer at closing. In no instance shall the Seller be responsible for the payment of any
assessment pending but not levied as of the date of closing.
HOA prorations shall be to date of closing and based on the assessment rate at time of closing. Any special assessments levied and
payable in installments shall be prorated to date of closing and shall be assumed and paid by Buyer from that date forward. In no
instance shall the Seller be responsible for the payment of any assessment pending but not levied as of the date of closing.
THE SELLER WILL NOT BE RESPONSIBLE FOR ANY ADJUSTMENT OF SETTLEMENT CHARGES, INCLUDING BUT
NOT LIMITED TO, TAXES OR HOA FEES AFTER CLOSING.
14. Lender-Reauired Repairs. Should any lender, insuring entity or agency require that certain repairs be made to the Property or that
certain other conditions be met, the Seller at its sole option, may comply with such requirements or terminate the Contract. Further,
should any FHA Conditional Commitment or V A Certificate of Reasonable Value vary from the agreed upon purchase price of the
Property, then Seller, at its sole option, may terminate the Contract. Seller's responsibility for any repairs required by Buyer as a result
of inspection by Buyer, a lender or required as a condition set forth in a FHAIV A commitment shall not exceed $_ (the "Repair
Limit Amount"), inclusive of termite repairs. If the cost for any such repairs exceeds the Repair Limit Amount then either (0 Buyer
shall be responsible at its sole cost and expense for any amounts exceeding the Repair Limit Amount and the Contract shall remain in
full force and effect without any abatement in the purchase price or, (iO Seller shall have the right to terminate the Contract and return
all earnest monies paid by Buyer to Buyer with no further obligation by Seller.
Buyer's Initials
IS. Condition and Convevance of Title: Seller agrees to deliver insurable title and agrees to pay for the Buyer's policy of title
insurance from the Title Insurance Company of Seller's choice as listed below. However, the Buyer may choose to purchase title
insurance from a different title company at their own expense. Seller will not be responsible for any "Gap" title insurance coverage and
will not under any event provide an Affidavit of Title or other similar documents in which ~eller is requested to make representations or
warrantieswithrespecttotitleL.e~c..EPT IttItT, s.e.u..{3(2. Wlt,..(... P,tJ.oi!JOe R7' e<:.o>/NC'? A c;..eA?Jt"b/?.'s
tJoN-FojZ.RrtrtJ... rI1Xf'A'1Pi2. ID13l0ifF"G/~''''';OAl ,,~ '~ItP" 4f;:"~l>AJI'" ,q...;.Jl> ~ pvl3G.~C
Seller's title insurance provider: 1:> (Sc...t.. ",$; cJ P-e- "., ,ern) ~,)I r (AI -rrle F0l2.n15 ~ 7':r"/I'c#t.? D
. .. H8Zero 1'1(>J/) /hIiDf? /1' /'~ t-f6eeDF,
First American Title Insurance Company
If the Seller is unable to give insurable title or to make conveyance, or to deliver possession of the Property, all as herein stipulated, or
ifat the time of the delivery of the deed the Property does not conform with the provisions hereof, then the Seller shall bear any nominal
expense and use reasonable efforts to remove any defects in title, or to deliver possession as provided herein. Seller is under no
obligation to use extraordinary measures or to bring any actions or proceedings in order to convey title in accordance with this
agreement. If this cannot be accomplished by the Closing Date If this cannot be accomplished by ten (10) days after the scheduled
Closing Date in the Contract, the Contract shall terminate and Buyer shall receive a refund of the earnest money deposit made hereunder
as Buyer's sole and absolute remedy. or Buyer may, by written notice on or before the Closing Date under the Contract, waive any
objections to Seller's inability to conveyor deliver.
For purposes of this paragraph Seller shall be deemed to be able to convey clear title to Buyer if a reputable title insurance
company will underwrite a title insurance policy insuring that title will vest in the Buyer at closing.
X' ~ Seller
Buyer
to provide title insurance
Buyers title insuranJjI~ider:
Phone:
Fax
In the event Buyer chooses to obtain their own fee policy and or title exam, they shall order the same within three (3) days of Seller's
execution of this Counterproposal or all objections to title shall be waived.
Buyer's Initials
16. Occupancv of the Propertv. Under no circumstances is the Buyer to be granted, or assume possession of the Property prior
to the seller receiving the full sales proceeds due the seller, as indicated on the HUD-t settlement statement signed by the seller.
Violation of this prohibition by the listing agent, buyer's agent, or buyer. will result in legal remedy. In the event Buyer causes the
Property to be altered, occupies the Property, or permits any other person to occupy the Property prior to the seller receiving the full
sales proceeds, then Buyer shall be in default of the Contract of Sale and Buyer's earnest money deposit and rights to any improvements
to the Property shall be forfeited to the Seller. In addition, any access to the Property prior to closing is prohibited unless accompanied
by the Seller or Seller's Agent. unless otherwise agreed to in writing.
17. Taxes.
A
valorem re
development or s'
IlffiffilElf- of6l"1)bligatiurrttT p .w::;d
al property taxes, real or personal IOlUm, panned unit
owners' associat!on, (c.?"ective~y, ::Taxes:') for any calendar year, fiscal
~Dr'J 111;t;Qb
i.e1l"'1 -:') III;t:ub
4
1 0 F~'
on t e roperty e "Closing Tax f'eTlo(( ) or that precedes the date of the ciose of escrow on the Propertytm?-
"Clos Seller may contest Taxes by any judicial, administrative, or other process that Seller chooses. If requested by
Seller, Buyer . oin in any proceeding to contest Taxes to the extent necessary to permit Seller to exercise its rights under
this Agreement. Selle I have no duty to contest Taxes, and may dislT\iss, settle, or otherwise resolve any matter relating
to contested Taxes on whateve1'"tectl1~ Seller chooses.
B. Entitlement to Refund. Any refun contested Taxes fbr.the Closing Tax Period or any prior Tax Period shall be paid to
Seller, and Purchaser hereb . vocably assigns to Seller any right, title orJmerest it may have in any refund of contested
Taxes for all such T eriods. If requested by Seller. Buyer shall execute whatever end,orsements or other documents may
be necess ccomplish the refund of such contested Taxes to Seller. Notwithstanding anything!n this Addendum or the
o the contrary, however, Seller shall not be entitled to any refund of Taxes that are attributable s61e~y. tQ an,)' change
. -lit or IIfte. Closil.g. a1+of wl,;~I. .1.,,11 h" paid by Buyer.----"-
18. Default. In the event Buyer defaults In the performance of this Contract, it is expressly agreed that the entire earnest
money deposit shall be paid to Seller lIS liquidated damages for, among other things, the additional cost of carrying the Property
and lost marketing time which the parties acknowledge lInd agree are difficult to calculate. The parties further specitically
acknowledge and agree that said liquidated damages shall not be construed or deemed to constitute a penalty ~n,j .hA ,;gllt gi' 8" to tile
SeUa. Lv U..l4:1I 34;& tJ8.m.eit~OAty [bil! F3Qt /"nnctitlltt 8ell~1 ',:, ~ule d.ud c}l.du~;y~ HUN-.Iit)' For purpose: of this paragraphl if the
Contract entered into between Buyer and Seller states that the Buyer will be purchasing the subject Property as an all cash transaction
(i.e. Buyer will not be obtaining third party financing), it is expressly understood that Seller will be materially relying on said
representation. As such, if the Buyer subsequently elects to purchase the Property via third party tinancing rather than cash as previously
agreed, then Buyer's failure to close a cash transaction shall constitute a default by Buyer thereby entitling Seller to the liquidated
damages referenced above. In the event of default by Seller, Buyer shall be entitled to a return of the eamest money deposit as
the Buyer's sole and uclusive remedy.
Buyer's Initials
19. Installation of New Locks and Transfer of Utilities. Buyer shall be responsible for the installation of new locks and transferring
of all Utilities on the Property immediately after the closing, and Buyer shall hold Seller and Seller's representative and agents harmless
from and indemnify Seller and Seller's representatives and agents against any and all damages, claims, liens, losses liabilities, costs,
injuries, attorney fees and expenses of every kind and nature that may be made against Seller and Seller's representative and agents as a
result of Buyer's failure to install new locks or transfer all Utilities on the Property.
20. Assil!nabilitv. Buyer may not assign or transfer this Contract. Any such attempted assignment shall be void and without effect.
22. Performance. The acceptance of a deed by Buyer shall be deemed to be a full performance lInd discharge of this Contract in
its entirety.
Buyer's Initials
23. Real Estate Broker Commissions. The total commission payable by Seller pursuant to this sale shall be based upon the terms of the
listing Agreement. The closing agent is authorized and directed to pay said commission from the sale proceeds at closing as per the
terms of the Commission Breakdown Form to be provided by Seller. No real estate broker commissions shall be paid unless the closing
of the purchase and sale of the Property is consummated and title to the Property passes to Purchaser. The commission will be paid on
the I1.ross sales Drice on offers that includes Seller concessions.
24. Additional Provisions:
The undersigned approve and accept this Counter Proposal and acknowledge and agree that this Counter Proposal is a legally binding
agreement and is made part of the aforementioned Contract in like manner as ifit were directly set forth therein.
25. All other terms and conditions of the proposed Contract shall remain the same.
This counterproposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the
offering party to this document received notice of such acceptance on or before ~ '-= II /61
If accepted. the proposed Contract. as amended hereby, shall become a Contract between Seller and Buyer
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Buyer's Initials
Seller's Initials
5
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Seller's Initials
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Neighborhood Stabilization Program
Address: 2820 4ih Ave NE
Folio Number: 39839280004
SUBSTITUTE EXECUTION PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this day of , 2009
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
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A TrEST:' .' . ,:.': ~i~,:~t
. DWJGHT E. B~9C~~ Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER NTY, FLORI A
BY:
Donn
Attest te tiii'}';' "
,. GAnurt em, II
AS TO OWNER:
DATED:
BY:
(Signature)
Printed Name
Title
lOF
."'1
SECTION II TO COUNTERPROPOSAL
LEAD-BASED PAINT DISCLOSURE
Lead Warninl! Statement
Every Buyer of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such
property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead
poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient,
behavioral problems, and impaired memory. Lead poisoning also presents a risk to pregnant women. The seller of any interest in
residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or
inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for
possible lead-based paint hazards is recommended prior to purchase.
Seller's Disclosure to Buver
Seller acknowledges that Seller has been informed of Seller's obligation. Seller is aware that Federal laws require Seller to permit
Buyer a 10 calendar day period to conduct risk assessment or inspection for the presence of lead-based paint hazards before becoming
obligated under a contract to purchase target housing (unless mutually agreed otherwise in writing). That opportunity will be provided
within the I O-caJendar day period immediately following final Seller's signature, herein. Seller is aware that Seller must retain a copy of
this disclosure for not less than three years from the completion date of the sale.
A. Presence of lead-based paint and/or lead-based paint hazards (check one box below):
rxl Seller has no knowledge of any lead-based paint and/or lead-based paint hazards present in the housing.
o Seller has knowledge of lead-based paint and/or lead-based paint hazards present in the housing (explain)
N/A
B. Records and reports available to Seller (check one box below):
[Xl Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
o Seller has provided Buyer will all available records and reports pertaining to lead-based paint and/or lead-based
paint hazards in the housing (list documents below):
N/A
Buver's Acknowledl!ment
C. Buyer has read the Lead Warning Statement above and understands its contents.
D. Buyer has received copies of all information, including any records and reports listed by Seller above.
E. Buyer has received the pamphlet "Protect Your Family From Lead in Your Home.
F. Buyer acknowledges federal law requires that before a buyer is obligated under any contract to buy and sell real estate,
Seller shall permit Buyer a 10-day period (unless the parties mutually agree, in writing, upon a different period of
time) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.
G. Buyer, after having reviewed the contents of this form, and any records and reports listed by Seller, has elected to
(check one box below):
~ Obtain a risk assessment or an inspection of the Property for the presence of lead-based paint and/or lead-based
~nt hazards, within the time limit and under the terms of the Contract to Buy and Sell Real Estate. or
U Waive the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-
based paint hazards.
Real Estate Licensee's Acknowledl!ment
Each real estate licensee signing below acknowledges receipt of the above Seller's Disclosure, has informed Seller of Seller's
obligations and is aware of licensee's responsibility to ensure compliance.
Certification of Accuracv
I certify that the statement I have made are accurate to the best of my knowledge.
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Seller's (Listing) Agent
Date
Buyer's (Selling) Agent
Date
Buyer's Initials
Seller's Initials
7
lor
Neighborhood Stabilization Program
Address: 2820 4ih Ave NE
Folio Number: 39839280004
SUBSTITUTE EXECUTION PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this day of ,2009
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
ai~eM'" ~
t 1 Oftaturt' On , ·
AS TO PURCHASER:
DA",BD:~I Zt\'ft
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- IG'HT E.SSPCK; Clerk
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.
BOARD OF COUNTY COMMISSIONERS
COLLIE UNTY, FlO~DA
~.d-
a Fiala, Chairman
AS TO OWNER:
DATED:
BY:
(Signature)
Printed Name
Title
Attorney
MEMORANDUM
Date:
May 19,2009
To:
Gary Bigelow
Property Acquisition Specialist
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Purchase & Sale Agreement with counterproposal
2820 47th Avenue NE
Enclosed please find the original document referenced above, (Agenda Item
#10F) approved by the Board of County Commissioners on Tuesday,
March 24, 2009.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosure