Addendum to Purchase Agreement
PROJECT: NSP prowam
ADDRESS: 4437 54' Avenue NE
FOLIO NO: 39027360008
ADDENDUM TO
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this day of , 2009, by and between
AURORA LOAN SERVICES, LLC (hereinafter referred to as "Seller"), and COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns
(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:
West 75 feet of the east 150 feet of Tract No. 83 of Golden Gate
Estates Unit No. 45, according to the plat thereof, as recorded in Plat
Book 7, at Page 30, of the 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 $80,655.00, 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.
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,
File no.ALS 236716
ADDENDUM TO REAL EST A TE PURCHASE CONTRACT
This Addendum to Real Estate Purchase Contract ("Addendum") is made a PlJ{t of that certain Real
Estate Purchase Contract ("Contract") dated the _day of ---> 2009, between Auroa Loan Services LLC
("Seller") and Collier Countv.t!lL~f7Lal
S IJbdIVlS ~n of ~ ~ 0,," FI <<-li:::Ia-- ("Purchaser") for th~ p"..~hase of properly
known as_ 443754 Ave Ne Naples FL 34120.
Purchase Price $80,655.
Closing Date May 29, 2009.
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby
acknowledged, Seller and Purchaser agree as follows:
1 Effect of Addend um. In the event of any conflict between this addendum and the contract or escrow
instructions or notice or other documents attached to this agreement, the terms of this addendum shall prevail except
as otherwise provided by law.
2. Purchase Price. The purchase price of ("Purchase Price") for the Property shall be paid to Seller in
certified funds at the Closing.
3. Earnest Monev. Immediately following Seller's acceptance of the Agreement, escrow will be opened
by both parties with an escrow agent designated by Seller or otherwise acceptable to Seller. The earnest money
deposited shall be in the amount oU5,000 .
4. Time of tbe Essence: Clom!!! Date. The parties agree that time is of the essence as to the closing date
and to all dates specified in any addenda, riders or amendments thereto.
The closing ("Closinl!") shall take place on or before the date set forth above, or within five (5) days of
final loan approval by Purchaser's lender, whichever is earlier, unless the Closing date is extended in a writing
signed by Seller and Purchaser or extended by Seller IUIder the tenns of the Agreement. The Closing shall be held
in the offices of Seller's attorney or agent, or at a place designated and approved by Seller, and convenient to all
parties.
5. Per Diem. In the event Seller agrees to Purchaser's requesl for a written extension oflbe Closing date,
Purchaser agrees to pay to Seller S I 00.00 per day as a penalty through and including the Closing date specified in
the written extension. If the sale does not close by the date specified in the written extension, Seller may retain the
Earnest Money and the accrued per diem payment as liquidated damages pursuant to Section 22 of this Addendum.
6. Mortl!al!e Continl!encv. Purchaser's obligation to purchase the Property under the Agreement (check
one): L-J ~ a-.J IS NOT contingent on Purchaser obtaining financing for the purchase of the Property.
In the event this contract is subject to the Purchaser obtaining a mortgage then the Purchaser shall obtain
a firm written commitment on or before , 200 . If said firm commitment is not obtained by said date,
this Contract shall be null and void and neither party shall have any further rights or obligations or liabilities to the
other by reason of this contract, except that the earnest money shall be promptly refunded, provided howevc.r that
the purchaser has made a mOI1gage application within three (3) days of the receipt of a fully executed contract, has
acted in good faith and has otherwise complied with the terms and conditions of the contract. Notwithstanding the
foregoing, the seller, in writing ooly, at its sole and absolute discretion, which may be arbitrary, may extend the date
for obtaining a firm written commitment.
Purchasers agrees that the party holding escrow monies will release said funds once provided with a
declination letter by from purchaser's lender, without any further action or consent from purchaser.
7. Inspection.
i. On or before the date that falls seven (7) calendar days after the Seller Acceptance Date, Purchaser shall
inspect the Property or obtain for its own use, benefit and reliance, inspections anellor reports on the condition of the
Property; otherwise, Purchaser shall be deemed to have waived such inspection and any objections to the condition
of the Property and to have accepted the condition of the Property for all PW]JOses. Purchaser shall hold Seller
harm1ess from all liability claims, demands, damages, and costs related to Purchaser's inspection.
ii. Purchaser shall not directly or indirectly cause any inspection to be made by any government building or
zoning inspector Or government employee without the prior written consent of Seller, unless such inspection is
required by law.
iii. If the Property is localed in a jurisdiction that requires a certificate of occupancy, smoke detector
certification, septic certification or any similar certification or permit or any form of improvement or repair to the
Property (collectively, "Permits and Repairs"), PW"chaser acknowledges and agrees that Purchaser shall be
responsible for obtaining any and all of the Permits and Repairs at Purchaser's sole cost and expense. Purchaser
shall make application for all Permits and Repairs within ten (10) days of the Seller Acceptance Dale.
r..---=-r", _'"_
iv. Within three (3) calendar days of receipt of any inspection report prepared by or for Purchaser, but not
later than ten (10) days from the Seller Acceptance Date, whichever first occurs, Purchaser will provide written
notice to Seller of any disapproved items. Purchaser's failure to provide written notice shall be deemed as
acceptance of the condition of the Property.
v. Upon request by Seller, Purchaser shall provide complete copies of all il1spection reports upon which
Purchaser's disapproval of the condition of the Property is based. Seller shall have the option, in their sole
discretion, to adjust the selling price, make repairs Or cancel this agreement In no event shall Seller be obligated to
make any repairs or replacements that may be indicated in Purchaser's inspection reports. If Seller elects not to
repair the Property, Purchaser may cancel the Agreement not later than ten (I 0) days from the Seller Acceptance
Date and the Earnest Money shall be returned to Purchaser. rf Seller elects to make any such repairs to the Property,
Seller shall notify Purchaser after completion of the repairs and Purchaser shall have three (3) days from the date of
notice to inspect the repairs and notity Seller of any disapproved items. Purchaser's failure to disapprove in writing
such repairs shall be deemed as Purchaser's acceptance thereo[
vi. If Seller has agreed to pay for treatment of wood infesting organisms, Seller shall treat only active
infestation. All treatments for wood infesting organisms and other repairs will be completed by a vendor approved
by Seller. Seller agrees to pay up to $ for said treatment
vii. Any repairs or treatments made or caused to be made by Seller shall be completed prior to the Closing.
Under no circumstances shall Seller be required to make any repairs or treatments after the Closing date.
viii. Purchaser acknowledges that the Closing of this transaction shall be deemed Purchaser's reaffirmation
that Purchaser is satisfied with the condition of the Property for all pwposes and satisfied with all repairs and
treatments to the Property and waives all claims related to such condition and to the quality of the repairs or
treatments to the Property.
ix. Notwithstanding the foregoing, neither Purchaser nor its representatives shall enter Upon the Property
to make any repairs or treatments prior to the Closing without the prior written consent of Seller. To the extent thaI
Purchaser or its representatives make repairs and/or treatments to the Property prior to the Closing, Purchaser hereby
agrees to release and indemnify Seller from and against any and all claims related in any way to the repairs and/or
treatments.
8. CondomlniumJPUDlHomeowners Association. If the Property is a condominium, planned unit
development, homeowner's association or co-operative, unless otherwise required by law, Purchaser, at Purchaser's
own expense, is responsible for obtaining and reviewing the covenants, conditions, restrictions and/or bylaws of the
relevant entily within seven (7) days of the Seller Acceptance Date. Seller agrees to use reasonable efforts to assist
Purchaser in obtaining a copy said documents. Purchaser will be deemed to have accepted the covenants,
conditions, restrictions and/or bylaws if Purchaser does not notify Seller in writing, within ten (10) days of the Seller
Acceptance Date, of Purchaser's objection to the same.
9. Condition of PrODertv. Purchaser acknowledges and understands that Seller acquired the properly by
forecloswe, deed in lieu of foreclosure, forfeiture, tax sale, right of eminent domain or similar process, and Seller
consequentiy has little or no direct knowledge concerning the condition of the property. As a material part of the
consideration to be received by Seller under this agreement as negotiated and agreed to by Purchaser and Seller,
Purchaser acknowledges and agrees to accept the property in "as-is," ''where-is'' condition at the time of closing,
including, without limitation, zoning, land use or building code requirements or compliance with any law, rules,
ordinances or regulations of any governmental authority; any hidden defects, environmental conditions affecting the
property, or the existence of mold, whether known or unknown, whether such defects or conditions were
discoverable through inspection or not
rf there is an enforcement proceeding arising from allegations of sucb violations before an enforcement
board, special master, court or similar enforcement body, and neither Purchaser nor Seller terminate the Agreement,
Purchaser agrees (a) to accept the Property subject to the violations, (b) to be responsible for compliance with the
applicable code or regulation and with orders issued in any code enforcement proceeding, and (c) to resolve the
deficiencies as soon as possible after the Closing. Purchaser funher agrees to indemnify Seller from any and all
claims or liability arising from Purchaser's breach of this section.
10. Disclosure. Purchaser acknowledges and agrees that the Property was acquired through foreclosure,
deed in lieu of foroclosure, forfeiture, tax sale, eminent domain or similar process. Accordingly, to the fullest extent
allowed by law, Seller shall be exempt from providing or filing any disclosure statement with respect to the
Property.
11. OccuDaDCV Status of ProDerlY. Seller, its representatives, agents and assigns shall not be responsible
for evicting or relocating any tenauts or occupants or personal property at the Property prior to or subsequent to the
Closing unless otherwise specifically agreed to in writing by Seller.
Seller has no knowledge of security deposits and thus none will be transferred to buyer at closing. Buyer is
responsible to any occupants for the return of any security deposits.
Purchaser further agrees to assume all responsibility and liability for the refund of such securily deposits to
the tenants pl,muant to the provisions of applicable laws and regulations. All rent, due and payable and collected
from tenants for the month in which the Closing occurs, will be prorated according to the provisions of Section 13 of
this Addendum.
Purchaser acknowledges and agrees that the Property may be subject to the provisions of local rent control
ordinances and regulations. Purchaser agrees that as of the Closing all eviction proceedings and other duties and
respoDSlbilities of a property owner and landlord, including but not limited to those proceedings required for
compliance with such local rent control ordinances and regulations, shall be Purchaser's sole responsibility and cost.
2
Purchaser will not use or occupy or cause or permit others 10 use or occupy the Property prior to Closing.
12. PersoDal Property. Purchaser agrees that any items of personal property, now or hereafter located on
the Property (collectively, "Personal Property") shall nOI be included in the sale of the Property or the Purchase
Price unless each item of Personal Property is specifically described and referenced in this Addendum. Purchaser
assumes full responsibility for any Personal Property remaining on the Property at the time of Closing. Any
personal property sold by Seller shall be accepted by Purchaser on an "as is, where is" basis without representation
or warranty of any kind or nature, and specifically excluding any warranties of merchantability or fitness for any
particular purpose.
13. Closine Costs and Adiustments. Purchaser and Seller agree to prorate the following expenses as of
Closing: mwricipal water and sewer charges, utility charges, real estate taxes and assessments, common area
charges, condominium or planned writ development or similar communily assessments, cooperative fees,
maintenance fees, and rents, if any. Payment of special assessment district bonds and assessments, and payments of
homeowner's association of special assessments shall be paid current and prorated between Purchaser and Seller as
of the Closing date with payments not yet due and owing to be assumed by Purchaser without credit toward the
Purchase Price.
Seller shall not be responsible for any amounts due, paid or to be paid after Closing. In the event Seller
has paid any taxes, special assessments or other fees and there is a refund of any such taxes, assessments or fees
after the Closing, and Purchaser as current owner of the Property receives the payment, Purchaser will immediately
submit any refund to Seller.
For purposes of any seller concession, the teI1J\ "closing costs" shall not include any amounts escrowed for
taxes or insurance by a lender.
If the Property is heated or has storage tanks for fuel oil, liquefied petroleum gases or similar fuels,
Purchaser will buy the fuel in the tank at Closing at the current price as calculated by the supplier.
Recording fees, escrow fees and other customary closing costs with the exception of transfer taxes, shall be
paid by either Seller and/or Purchaser in the manner customary for residential real estate transactions in the
metropolitan area or city in which the Property is located.
All other costs and expenses, including any cost, expense or transfer tax imposed by any state or local
entily not otherwise addressed herein, shall be paid by Purchaser
14. Survey, Purchaser shall pay the cost of any survey. No survey shall be provided by Seller.
15. Insurable title
i. Seller shall give and Purchaser shall accept such title as Seller's title insurance company shall be willing
to approve and insure in accordance with its standard form of title policy approved by the governing agency for the
state where the Property is located, subject only to the matters provided for in this contract
ii. Unless otherwise indicated below, Seller shall furnish Purchaser, at its expense, 8 fee (owners) title
policy, with coverage in the amollJlt of the purchase price.
_ (purchasers must initial here, if applicable). J/We will obtain a fee title policy and/or title exam at
my/our expense. DO NOT INITIAL TIDS IN A STATE WHERE THE SELLER HAS THE RIGHT TO
CHOOSE THE Tm..E COMPANY. IN SUCH CASE, SELLER RETAINS AND RESERVES SAID RIGHT.
ill. In the event purchaser chooses to obtain their own fee (owners) policy and/or title exam. they shall
order the same within three days of purchaser executing the contract of sale, or all objections to title shaIJ be waived.
Purchaser must notify Seller's attorney of any and aIJ title objections at least ten days before closing, or all
objections to title shall be waived. If Seller cannot cure said objections after a good faith effort, or to do so would
delay the closing beyond the original or any extended closing date, Purchaser agrees to accept a fee (owners) title
policy, as stated above, at Seller's expense. Regular rates must apply. Seller agrees to pay the premium for a fee
(owners) title policy only if the policy is issued by Seller's selected title agent.
If a mortgagee policy is required, Purchaser shall be responsible for payment of the full premium.
iv. Seller shall not be obligated to remove any exception or to bring any action or proceeding or bear any
expense in order to convey title to the Property or to make the title marketable or insurable, and any attempt by
Seller to remove such title exceptions shall not impose an obligation upon Seller to remove those exceptions.
Purchaser acknowledges that Seller's title to the Property may be subject to court approval of a foreclosure or to a
mortgagor's right of redemption.
In the event Seller is not able to (a) make the title insurable or correct any problems or (b) obtain title
insurance from a title insurance company selected by Seller, all as provided herein, either party may terminate the
Agreement and any Earnest Money shall be returned to Purchaser and Seller shall have no further obligation or
liability to Purchaser hereunder. Section 21 below also provides that Seller may extend the date of Closing or
terminate the Agreement if Seller determines, in Seller's sole and absolute discretion, that Seller is unable to convey
insurable title to the Property.
16. Rea! Estate Com.mJssion. Seller shall pay a real estate commission pursuant to the listing agreement
between Seller and Seller's listing broker.
3
17. Delivery of Funds. Regardless oflocal custom, requiremenl~, or practice, upon delivery of the Dccd
by Seller to Purchaser, Purchaser shall deliver all funds due Seller from the sale in the form of certified check oc
wire transfer. Failure to deliver funds according to either of the aforesaid methods shall be considered breach of the
Agreement
18. Delivery of Possession of ProperlY. Seller shall deliver possession of the Property to Purchaser at
the Closing and funding of the sale. Pursuant to Section II of this Addendum, the delivery of possession shall be
subject to the rights of any tenants or parties in possession. If Purchaser alters the Property or causes the Property to
be altered in any way ancllor occupies the Property or allows any othec person to occupy the Property prior to
Closing and funding without the prior written consent of Seller, such event shall constitute a breach by Purchaser
under the Agreement and Seller may terminate the Agreement
19. Form of Deed The deed to be delivered at Closing shall be a deed that covenants that grantor grants
only that title which grantor may have and that grantor will only defend title against persons claiming by, through, or
under the grantor, but not otherwise (which deed may be known as a Special Warranly, Limited Warranty, Quit
Claim or Bargain and Sale Deed).
20. Waivers. As a material part of the consideration to be received by Seller under
the agreement as negotiated and agreed to by Purchaser and SeDer, Purchaser waives the
roUowing:
i. AU rights to me and maintain an action against Seller for specific performance
and any right to record a lis pendens against the property or to record or file the contract,
this addendum or any memorandum thereof in the official real property records, or any
other remedy that would prevent Seller from conveying the property;
ii. Any and all claims arising from the adjustments or prorations or errors in
calculating the same that are or may be discovered after closing;
ill. Any remedy of any kind, other than as expressly provided in this addendum, to
which purchaser might otherwise be entitled at law or in equity, whether based on mutual
mistake of fact or law or otherwise;
iv. Any right to trial by jury, except as waiver thereof is prohibited by law, in any
litigation arising from, or connected with or related to the agreement;
v. Any claim for loss or damage, including, without limitation, indirect, special or
consequential loss or damage arising from, based upon, due to or otherwise related to:
(a) environmental conditions affecting the property, including but not limited to
mold, lead paint, fuel oil, allergens or other toxic substances of any kind;
(b) encroachments, easements, shortages in area or any other matter which
would be disclosed or revealed by a surveyor inspection of the property or search of public
records; and
In the event Purchaser breaches any of the warranties described or contemplated
under this Section and a court imds that Purchaser's legal action is without merit,
Purchaser shaIl pay all reasonable attorneys' fees and costs incurred by Seller in defending
such action, which amount shall be in addition to any liquidated damages held or recovered
by Seller pursuant to Section 22 of this Addendum.
21. Conditions to Seller's Performance. Seller shall have the right, at Seller's sole discretion, to extend
the Closing date or to terminate the Agreement if.
L Seller determines that it is unable to convey insurable title to the Property through a title insurance
company selected by Seller at regular rates;
ii. Seller has either sold or has agreed to sell the loan secured by the Property to another party.
iii. Any third party, whether tenant, homeowner's association or otherwise, exercises rights under a right of
first refusal, option or similar right to purchase the Property;
iv. Seller has transferred and conveyed the Property 10 a third party; or
v. The Purchase Price is insufficient to pay the sum of the closing costs, taxes, commissions, and any liens
on or obligations secured by the Property that Seller has agreed to pay hereunder.
vi. A court of law overtums a foreclosure sale, trustees sale, sheriff's sale or the like, or deed in lieu
transaction, that lead to seller or its predecessor, successor or assign, taking title to the property.
vii. The Property is affected by an enviroamental hazard, as determined by Seller.
4
viii. Seller has received official notice that the Propcrty is in violation of building codes or similar Jaws or
regulations.
In the event Seller elects to terminate the Agreement as a result of any of the foregoing, the Eamest Money
shall be returned to Purchaser and the parties shall have no further obligation under the Agreement.
22. Remedies for Default, In the event of Purchaser's default, material breach or misrepresentation of any
fact under the terms of the Agreement, Seller, at its option, may retain the earnest money and any other funds paid
by Purchaser as liquidated damages and/or invoke any other remedy expressly set forth in the Agreement (or
allowed for by law) and Seller is automatically released from the obligation to sell the Property to Purchaser and
neither Seller nor its representatives, agents, attorneys, successors or assigns shall be liable to Purchaser for any
damages of any kind as a result of Seller's failure to sell and convey the Property. Purchaser acknowledges and
agrees that by signing this addendum, seller shall have the right to retain or seek the release of the earnest money
under this Section, without any further action, consent or document from purchaser.
Seller's agents, representatives, attorneys, closing offices and their successors and assigns are hereby
authorized by Purchaser's signature on this contract to release the earneSI money deposit or other such funds to
Seller at Seller's request without any fwther written authorization or notification. Purchaser shall hold harmIess and
indellllliiY such agents, attorneys, closing offices, and their successors or assigns for any costs incurred whalSCever,
relating to the disbursement of such funds, including coUrt costs and actual attorney fees.
Purchaser agrees that Seller shall not be liable to Purchaser for any special, consequential or punitive
damages whatsoever, whether in contract, lort (including negligence and strict liability) or any other legal or
equitable principle.
Purchaser acknowledges that in the event of termination of the Agreement, return of Purchaser's Earnest
Money can adequately and fairly compensate Purchaser. Upon return of the Earnest Money to Purchaser, the
Agreement shall be terminated, and Purchaser and Seller shall have no further liabilily, obligation, or responsibility
to each other.
Seller shall only be in default under the Agreement if Purchaser delivers written notice to Seller detailing
the default and Seller fails to cure such default within 20 days of receipt of such written notice (or such longer
period of time as may be necessary, provided thaI Seller diligently pursues such cure). If Seller is in default
hereunder or if Seller tenninates the Agreement as provided under the provisions of thereof; Purchaser shall be
entitled to the return of the Earnest Money as Purchaser's sole and exclusive remedy at law or in equily.
23. IndeDlDification. Purchaser agrees to indelIlIiliY and fully protect, defend and hold Seller, its
officers, directors, employees, shareholders, servicers, representatives, agents, attorneys, tenants, brokers, successors
and assigns bannIess from and against any and all claims, costs, liens, loss, damages, attorneys' fees and expenses of
every kind and nature that may be sustained by or made against Seller, its officers, directors, employees,
shareholders. servicers, representatives, agents, allomeys, tenants, brokers, successors or assigns, resulting from or
arising out of:
i. Inspections or repairs made by Purchaser or its agents, employees, cOntnlclors, successors or assigns;
ii. The imposition of any fine or penalty imposed by any governmental entity resulting from Purchaser's
failure to timely obtain any permits, approvals, repairs or inspections, or 10 comply with all applicable laws, rules,
ordinances and regulations;
ill. Claims for amounts due and owing by Seller for taxes, homeowner's association dues or assessment, or
any other terms prorated at Closing under Section 13 of this Addendum; and
iv. Purchaser's or Purchaser's tenants, agents or representatives use or occupancy of the Property prior to
Closing and funding.
24. Risk of Lou. Regardless of local custom or practice, Purchaser assumes all risk of loss related to
damage to the Property. In the event of fire, destruction or other casualty loss to the Property after Seller's
acceptance of the Agreement and prior to Closing and funding, Seller may, at its sole discretion, repair or restore the
Property, or Seller may t=inate the Agreement If Seller elects to repair or restore the Property, then Seller may,
at its sole discretion, limit the amount to be expended. If Seller elects to repair or restore the Property, Purchaser's
sole and exclusive remedy sball be either to acquire the Property in its then current condition at the Purchase Price
with no reduction thereof by reason of such loss, or tenninate the Agreement and receive a refund of any Earnest
Money.
25. Eminent Domain. In the event that Seller's interest in the Property, or any part thereof, shall have
been taken by eminent domain or shall be in the process of being taken on or before the Closing date, either party
may terminate the Agreement and the Earnest Money shall be returned to Purchaser and neither party shall have any
further rights or liabilities bereunder.
26. Survival. Delivery of the Deed to the Property to Purchaser by Seller shall be deemed to be full
perfonnance and discharge of all of Seller's obligations under the Agreement
27. Severability. The invalidily, illegalily or enforceability of any provision of the Agreement shall not
affect the validity or enforceability of any other provision of the Agreement, all of which shall remain in fuJI force
and effect .
28. Assien.ment of A2reemeDt. Purchaser shall not assign the Agreement without the e"press written
consent of Seller. Seller may assign the Agreement at its sole discretion without prior notice to or consent of
Purchaser.
5
29. Entire AlZreement. The Agreement, including the disclosure of infonnation on lead-based paint or
lead-based paint hazard. or other disclosure forms Or notices required by law, constitutes the entire agreement
between Purchaser and Seller concerning the subject matter hereof and supersedes all previous communications,
understandings, representations, warranties, covenants and agreements, whether written or oral and there are no oral,
or other written agreements between Purchaser and Seller. No oral promises, representations (express or implied)
warranties or agreements made by seller or broker or any person acting on behalf of Seller shall be deemed valid or
binding upon Seller unless expressly included in the agreement All negotiations are merged into the Agreement.
Seller shall not be obligated by any other written or verbal statements made by Seller, Seller's representatives or any
real estate licensee.
30. Modification. No provision, term or clause of the Agreement shall be revised, modified, amended or
waived except by an instrument in writing signed by Purchaser and Seller.
31. Connteroarts. This Addendum may be executed in any nwnber of counterparts, and each such
counterpart shall be deemed to be an original, but all of which., when taken together, shall constitute One agreement.
This Addendum may be delivered by facsimile.
32. Gender. Unless the context otherwise requires, singular nouns and pronouns, when used herein, shall
be deemed to include the plural of such nouns or pronouns, and pronouns of one gender shall be deemed to include
the equivalent pronoun of the other gender.
33. Force Maieure. No party shall be responsible for delays or failure of performance resulting from acts
of God, riots, acts of war, epidemics, power failures, acts of terrorism, earthquakes or other disasters, providing such
delay or failure of performance could not have been prevented by reasonable precautions and cannot reasonably be
circumvented by such party through use of alternate sources, workaround plans or other means.
34. Notices. Any notices required to be given under the Agreement shall be deemed to have been delivered
when actually received in the case of hand or overnight delivery, or five (5) days after mailing by first class mail,
postage paid, or by fax with confumation of transmission to the numbers below. All notices to Seller will be
deemed sent or delivered to Seller when sent or delivered to Seller's listing broker or agent or Seller's attorney, at
the address or fax number shown below. All notices to Purchaser shall be deemed Bent or delivered when sent or
delivered to Purchaser or Purchaser's attorney or agent at the address or fax number shown below.
35. Attornev Review. Purchaser acknowledges that Purchaser has had the opportunily [0 consult with its
legal counsel regarding the Agreement Accordingly, the terms of the Agreement are not to be construed against
any party because that party drafted the Agreement or constrUed in favor of any Party because that Party failed to
understand the legal effect of the provisions of the Agreement
36. Additional Terms or Conditions. (inser! "NONE" if applicable)
Buyer (s) agree and accepted that the seller will not pay for: Home Owners Warranty, Survey, or any type
of inspections, reports, dewinterization or treatment.
PURCHASER'S OFFER
Signature: ...., -' 5J'lnd+unt:.. ~ a~ ~
Print Name (or name if company):~
Social Security # (orTex LD. # if a company):_
Title (if a company):_
Signature:
Print Name (oroame if a company):_
Social Security # (or Tax LD. # if a company):_
Title (if a company):_
Date:
Attorney information (if applicable)
Address:_
Telephone: Facsimile:
SELLER'S ACCEPTANCE
By:
Print Name:Jaime Hirsch
Title Asset Manager
Date:
Date:
6
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:
DATED:i}pcl1 '24:1001
ATTEST:. T~'~' '.....
DWIGH~.~.~.eR~J' Clerk
.~-}~ ., lJ' .."'. ~~~~.,~ "
~- ,;. ..", ~: .( .
BOARD OF OUNTY COMMISSIONERS
COLLIE UNTY, FlOR)OA_
BY: ~ d~
Donna Fiala, Chairman
DA TED:
BY:
Witness (Signature)
Name:
(Print or Type)
Printed Name
Witness (Signature)
Title
Name:
(Print or Type)
Approved as to form and
legal sufficiency:
L7LJ~
~<<..uc~ -r: W; lI~Q.M.S
Assistant County Attorney
PROPERTY ADDRESS: 4437 54th Avenue NE, Naples, FL 34120
ADDENDUM
THIS ADDENDUM is entered into this ~ day of J'v", e , 2009, by and between
Aurora Loan Services, LLC, Seller, and COLLIER COUNn, a Political Subdivision of the State of
Florida, Purchaser. Purchaser and Seller entered into that certain "As Is" Contract for Sale and
Purchase, and Addendum to Real Estate Purchase Contract attached thereto, dated April 28,
2009 (the "Agreement"). Subsequent to entering into the Agreement and pursuant to provisions
of the Agreement, Purchaser and Seller wish to amend the Agreement with the following terms
and conditions:
1. Paragraphs II(b) and II(c) and Paragraph 3 of the Addendum are
changed to zero ($0) deposit, zero ($0) additional deposit, and zero ($0) earnest money,
and Paragraph II(e) is changed to $80,655.00.
2. Paragraph VI and the revised closing date on the Addendum are
changed to reflect that the Closing Date shall be on or before June 1, 2009. -......r""A
3.b. I~ v,"-
3. Paragraph 5 of the Addendum is changed to remove any requirement for
payment of per diem penalties, and Seller waives same.
4. Paragraph 13 of the Addendum is changed to specifically reflect that
Purchaser shall pay, at Closing, a Settlement or Closing Fee to Watson Title Insurance
Agency, Inc. in the amount of $345.00.
Except as expressly provided herein, the Agreement between the Purchaser and the
Seller remains in full force and effect according to the terms and conditions contained therein,
and said terms and conditions are applicable hereto except as expressly provided otherwise
herein.
IN WITNESS WHEREOF, the Purchaser and Seller have hereto executed this Addendum
the day and year first above written.
Date property acquisition approved by BCC:
~~~~~~:\~;?~:n ~
,.~ ,.\..
~""""""'u"
,A~,~c:.;:rl:, ~.. .... ~~,\
~""'r:NSI"'.'." T ~~'~R~..J'. K.~.Q. er.k. ~
' " , .,... C
. , ..
. , '.
.....,: ~.. '.' . " ,.' ...'.
'~. '. 'I,~\:.ti. .~, ' .......cle,(k
...-JjMt~[' . ~ ,.
DA-itD~~;r.ar.n 'r ~q
BUYER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
C
BY:
~onna Fiala, Chairman
F fLU bIN. L 0 'f Le~ 'V h.~ - C::H-trt,c
SELLER:
AURORA LOAN SERVICES, LLC
By:
Print:
Title:
Approved as to form and
legal sufficiency:
~C~:\? ~~ounty Attorney