As Is Contract for Sale and Purchase
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS- AND THE FLORIDA BAR
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1* PARTIES: i;5..Ji-s5E t-fl2_.~...,..i30$f()AJ AtIil-';' T :?~~ - 0 ("Seller"),
2* and COLLIER COUNTY, a political subdivision of the State of Florida ("Buyer"),
hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property")
pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"):
I. DESCRIPTION:
. (f) L gal description of the Real .p,roperty 10)f1ted in COLLIER
NA ^h1 NO. I rutr
(b) Street address, city, zip, of the Property: 3> /l. Rf! .....S 3 II 'Z-
(c) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), ceiling fan(s), light fixture s), and window treatment(s) unless
specifically excluded below,
Other items included are: Not applicable
6*
7*
8.
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12*
13*
14*
Items of Personal Property (and leased items, if any) excluded are: Not applicable
$_~~/tf()O
$_/~ 000_
15* II. PURCHASE PRICE (U.S. currency): . . . . . . , . . , . . . . , , . . . . . , . . . . . , . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 PAYMENT:
17* (a) Deposit held in escrow by STEWART TITLE ("Escrow Agent") in the amount of (checks subject to clearance)
18. Escrow Agent's address: 3936 Tamiami Trail N.. St. A, Napl.., Fl34103 Phone: 239-262-2163
19* (b) Additional escrow deposit to be made to Escrow Agent within JJla... days after Effective Date in the amount of. ' . , . . . , . ,
20* (c) Financing in the amount of ("Loan Amount") see Paragraph IV below . . . . . . , . , . . . , . . . , , . . . . ' . . . , . , . . , . . . , . . ,
21 * (d) Other. , . , . . . . . . , . . . , . , , , . . . , , . ' . , , , . , . . . , . , . . , . , . , . , . . . , , . . . , . , . . . . , , . .
22 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject
23* to adjustments or prorations. . , . . . ' , . . , . , . . . . . , , , , , , , , . . . . . . . . , . . . . . . . . . . . , . . . . . . ' , . . .
24 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
25 (a) If 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 \D(~~ f'ro-n"l CnL)r\-tt>.fotfa- ,the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. Unless other-
27 wise stated, ttie 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. ~o'itd.\Je. wi1hin lod~~ 0\- e~t\~c:de 0 Covn~
31 IV. FINANCING: i,,~ o.n'1 AJ.derdci..6IJbO\Hk..d ~ei'lYa'fnut-tI'5'"
32" ~(a) This is a cash transaction with no contingencies for financing; '-' 7 'CJ
33. 0 (b) This Contract is contingent on Buyer obtaining written loan commitment which confirms underwriting loan approval for a loan to purchase
34. the Property ("Loan Approval") within _ days (if blank, then 30 days) after Effective Date ("Loan Approval Date') for (CHECK ONLY -,;;r
35* ONE): 0 a fixed; 0 an adjustable; or 0 a fixed or adjustable rate loan, in the Loan Amount (See Paragraph 1I,(c)) at an initial interest rate not to J.I--
36* exceed 'Yo, 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 dose the loan, Loan Approval which requires a condition related to the sale of other property shall
39 not be deemed Loan Approval for purposes of this subparagraph, 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 licensee(s), and Closing Agent.
42 SELLER: If Buyer does not deliver to Seller written notice of Loan Approval by Loan Approval Date, Seller may thereafter cancel this Contract by
43 delivering written notice ("Seller's Cancellation Notice") to Buyer, but not later than seven (7) days prior to Closing, Seller's Cancellation Notice shall
44 notify Buyer that Buyer has three (3) days to deliver to Seller written notice waiving this Rnancing 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 thereafter the Contract does not close, then the deposit(s) shall be paid to Seller; provided how-
48 ever, if the failure to close is due to: (Q Seller's failure or refusal to close or Seller 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 the deposit(s) shall be
50 returned to Buyer,
51. 0 (c) Assumption of existing mortgage (see rider for terms); or
52. 0 (d) Purchase money note and mortgage to Seller (see "As Is" Standards Band K and riders; addenda; or special clauses for terms),
53. V. TITLE EVIDENCE: At least _ days (if blank, then 5 days) before Closing a title insurance commitment with legible copies of instruments listed as
54 exceptions attached thereto (''Title Commitment") and, after Closing, an owner's policy of title 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 attorney; or
56* ~ (2) Buyer at Buyer's expense.
57* (CHECK HERE): :J If an abstract of title is to be furnished instead of title insurance, and attach rider for terms. . 0 'Da~
58" VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on 4Sd.c.L'Ys ~ 8kd:i.f("CloSlng'), 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 u1i1ities and other services essential to Closing, and Oil availability of Hazard, Wind, Rood, or Homeowners' J,LL
61. insurance, If such conditions continue more than ~ days (If blank, then 14 days) beyond Closing Date, then either party may cancel this Contract.
$
$
$
L'7/t.fO~
FAR/BAR ASIS-2 Rev. 9/07 ~ 2007 Florida Association of REAlIOHS~ and The Florida Bar All Rights Reserved Page 1 of 5
62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zoning,
63 restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the 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 NEIGHBORHOOD
68. STABILIZATION PROGRAM purpose(s),
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 or handwritten provisions, riders and addenda shall control all printed pro-
74 visions of this Contract in conflict with them.
75. X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer 0 may assign and thereby be released from any further liability under this Contract; ~ may
76* assign but not be released from liability under this Contract; or Iii may not assign this Contract.
77 XI. DISCLOSURES:
78 (a) The Property may be subject to unpaid special assessment Iien(s) imposed by a pUblic bOdy ("public body" does not include a
79 Condominium or Homeowners' Association). Such Iien(s), if any, whether certified, confirmed and ratified, pending, or payable in installments,
80. as of Closing, shall be paid as follows: i!I 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 shall be charged at Closing an amount equal to the
82 last estimate or assessment for the improvement by the pUblic body.
83 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to per-
84 sons who are exposed to it over time, Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
85 Additional information regarding radon or radon testing may be obtained from your County Public Health unit.
86 (c) Mold is naturally occurring and may cause health risks or damage to property, If Buyer is concerned or desires additional information
87 regarding mold, Buyer should contact an appropriate professional.
88 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, F.S.
89 (e) If the Real Property includes pre-1978 residential housing, then a lead-based paint rider is mandatory.
90 (~ 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 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT
94 OF PROPERTY TAXES THAT THE BLNER tv1AY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT.TO PURCHASE. A CHANGE OF OVVNER-
95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES,
96 IF YOU HAVE ANY QUESllONS CONCERNING VALUAllON, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORtv1AllON.
97 XII. MAXIMUM REPAIR COSTS: DELETED
98* XIII. HOME WARRANTY: :l Seller 0 Buyer @!I N/A will pay for a home warranty plan issued by
99* at a cost not to exceed $ v.uv
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 shall desire and utilities service shall be made available by the
102 Seller during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such inspections and repair of damage
103 to and restoration of the Property resulting from such inspections and this provision (b) shall survive termination of this Contract;
104 and (c) if Buyer determines, in 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 Seller prior to the expiration of the Inspection Period. If Buyer timely
106 cancels this Contract, the deposit(s) paid shall be immediately returned to Buyer; thereupon, Buyer and Seller shall be released of
107 all further obligations under this Contract, except as provided in this Paragraph XIV, Unless Buyer exercises the right to cancel
1 08 granted herein, Buyer accepts the Property in its present physical condition, subject to any violation of governmental, building,
1 09 environmental, and safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements
11 0 required by Buyer's lender.
111 XV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract:
112* 0 CONDOMINIUM Q VNFHA 0 HOMEOWNERS' ASSN. 111 LEAD-BASED PAINT 0 COASTAL CONSTRUCllON CONTROL LINE
113. 0 INSULATION 0 EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) 0 Other Comprehensive Rider Provisions 0 Addenda
114. Special Clause(s): SELLER AGREES TO EXECUTE BUYER'S FORMS GAP AFFIDAVIT. PUBLIC DISCLOSURE
115* AFFIDAVIT, SPECIAL WARRANTY DEED AND SUBSTITUTE W-9. SELLER WILL DELIVER THE COMPLETED AND
116* SIGNED W-9 TO BUYER SIMULTANEOUSLY WITH THE SIGNED CONTRACT.
117*
118* SELLER WARRANTS PROPERTY IS VACANT AND SHALL REMAIN SO THROUGH CLOSiNG TO COMPLY WITH THE REQUIREMENTS OF THE
119* NEIGHBORHOOD STABILIZATION PROGRAM.
120*
121 * STANDARDS B, F AND Y ARE DELETED. DUE TO BUYER BEING A COUNTY GOVERNMENTAL ENTITY WITH SPECIFIC GUIDELINES AND
122* PROCEDURES, SELLER ACKNOWLEDGES THAT STANDARD S is HEREBY DELETED.
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124*
125*
126 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt of a copy
127 of "AS IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract.
FAR/BAR ASIS-2 Rev 9/07 @ 2007 Florida Associallon of RfAuoHs. and The Florida Bar All Rights Reserved Page 2 of 5
128 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
129 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
130 THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS'" AND THE FLORIDA BAR.
131 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a
132 particular transaction, Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining
133 positions of all interested persons.
134 AN ASTERISK(*) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED,
135. lSl.l,'IeJ o~J"\a.tun' ~dDi.\J
136 (BUY
137*
138 (BUYER) (DATE)
139* Buyers' address for purposes of notice Real Property Manaqe
140' 3301 Tamiami Trail East, Bldq. W, Naples. FL
141 * (239) 252-8991 Phone 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
(SELLER)
(DATE)
(SELLER)
Sellers' address for purposes of notice
(DATE)
Listing Broker
Cooperating Brokers, if any
dY)~q
BUYER:
;~"'~(j (' /".
ATTEST; ~,)o""""'"
DWIGH:r E, '8BOC~;' Cler~
L..
BOARD OF OUNTY COMMISSIONERS
COLLIER UNTY, FL~~IDA
BY: ~f~
Donn Fiala, Chairman
~t'" "".t'
It..." .'rlr'
. ".~' .
<'.1 . ~ {I .
Approved as to form and
legal sufficiency:
~~~~
(LaA::t. . County Attorney
PROPERTY ADDRESS: 4-98~ (!o/l7ez.. (!/12Ji-t-E ~ItfJLES~;:1- 3J.} 1/2-
,
FAR/BAR ASIS-2 Rev. 9/07 <':! 2007 Florida Association of RCALlORS~ and The Florida Bar All Rights Reserved Page 3 of 5
146 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
147 A. TITLE INSURANCE: The Title Commitment shall be issued by a Flonda licensed title insurer agreeing to Issue Buyer, upon recording of the deed to Buyer,
148 an owner's policy of title Insurance in the amount of the purchase price, Insuring Buyer's marketable title to the Real Property, subject only to matters contained
149 in Paragraph VII and those to be discharged by Seller at or before Closing. Marketable title shall be determined according to applicable Title Standards adopt-
150 ed by authonty 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
151 found defective, notify Seller in writing specifying defect(s) which render title unmarketable, Seller shall have 30 days from receipt of notice to remove the
152 defects, failing which Buyer shall, within 5 days after expiration of tile 30 day penod, deliver written notice to Seller either: (1) extending the time for a reason-
153 able period not to exceed 120 days Within which Seller shall use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall
154 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,
155 use diligent effort to correct defect(s) within the time provided. If, after diligent effort, Seller is unable to timely correct the defects, Buyer shall either waive the
156 defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller is to provide the Title
157 Commitment and it is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt
158 to examine same in accordance with this "AS IS" Standard,
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30 day in the event of defau~ if a first mortgage and a 15 day grace period if a second or lesser mortgage; shall provide prepayment
in whole or in part withou all permit acceleration in event of transfer of the Real Property: shall require all nd encumbrances to be kept
In good standing; shall forbid modifications re advances under, prior mortgage(s); shall r r to maintain poliCies of insurance containing a
standard mortgagee clause covering all improvements loca Real Pro Ire and all perils Included within the term "extended coverage
endorsements" and such other risks and perils as Seller ma r equl , ount equal to their highest Insurable value: and the mortgage, note
and security agreement shall be otherwise in ntent required by Seller, but Seller may . e clauses and coverage customarily found in mort-
gages, mortgage notes an greements generally utilized by savings and loan institutions or state or na I located in the county wherein the
Real Pro a ed. All Personal Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien 0 a reement evi-
l21.
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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 title 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 without exception for lack of legal right of access.
F' I LASes. Dellel 3'1011 nt Ic~t 10 eI
and duration of the ;enallt,; u<.;Ctl~ rates, advanced rent and security deposits paid by tenant. If uc etter from each ten-
ant, the same Information shall be furnished by Seller to u er orm of a Seller's affidavit, and Buyer may thereafter contact ten-
ant to confirm such infor eases differ materially from Seller's representations, u tract by delivering written
ays prior to Closing Seller shall, at C'OSing, d~Ii"..r and-assign all originilll~ali~li to Eli.I\'~r
G. LIENS: Seller shall furnish to Buyer at time of Closing an affidaVit attesting to the absence, unless otherwise provided for herein, of any financing statement,
claims of lien or potentlallienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days imme-
diately preceding date of Closing. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction
liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth the names of all such gen-
eral contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a
construction lien 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 county wherein the Real Property is located at the office of the attorney or other closing agent ("Closing
Agent") designated by the party paying for title insurance, OF, if AS titls iAsl:lransEJ, do!)ig~.ey.geller.
I. TIME: Calendar days shall be used in computing time periods except periods of less than six (6) days, in which event Saturdays, Sundays and state or nation-
allegal holidays shall be excluded. Any time periods provided for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the
next business day. Time is of the essence in this Contract.
J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, certificate of title, construction lien affidavit, owner's possession affidavit, assignments of leas-
es, tenant and mortgagee estoppel letters and corrective instruments. Buyer shall furnish mortgage, mortgage n01e, security agreement and financing statements.
K. EXPENSES: Documentary stamps on the 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,
mortgagee title insurance commitment with 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
sta1ement), shall be paid by the party responsible for furnishing the title evidence in accordance With Paragraph V.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Properly shall be prorated through the day before Closing.
Buyer shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be
increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing, Advance
rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current
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 prorated on prior year's tax. If there are completed improvements on the Real Property by January 1 sf of year of Closing,
which improvements were not in existence on January 1 st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assess-
ment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking into
account available exemptions. A tax 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 Properly is damaged by fire or other casualty ("Casualty Loss") before Closing and cost of restoration (which
shall include the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase Price, cost of restoration shall be an obligation of Seller and
Closing shall proceed pursuant to the terms of this Contract, and if restoration is not completed as of ClOSing, restoration costs will be escrowed at Closing. If
the cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall either take the Properly as is, together with the 1.5% or receive a refund of deposit(s)
thereby releasing Buyer and Seller from all further obligatiOns under this Contract. Seller's sole obligation with respect to tree damage by casua~y or other natu-
ral occurrence shall be the cost of pruning or removal.
P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title agent insures adverse matters pursuant to Section 627,7841,
F.S" as amended, the escrow and closing procedure required by this "AS IS" Standard shall be waived. Unless waived as set forth above the following
.N
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FAR/BAR ASIS-2 Rev, 9/07 r.g 2007 Florida Association of RCAlIOHS~ and The Florida Bar All Rights Reserved Page 4 of 5
218 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
219 closing procedures shall apply: (1) all closing proceeds shall be held in escrow by the ClOSing Agent for a period of not more than 5 days after Closing; (2)
220 if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, Within the 5 day penod, notify Seller in writing of the defect and Seller shall
221 have 30 days from date of receipt of such notification to cure the defect; (3) if Seller fails to timely cure the defect, all deposits and closing funds shall, upon
222 written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously With such repayment, Buyer shall return the Personal
223 Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale: and (4) if Buyer fails to make timely demand
224 for refund, Buyer shall take title as is, waiving all nghts against Seller as to any intervening defect except as may be available to Buyer by virtue of war-
225 ranties contained in the deed or bill of sale.
226 Q. ESCROW: Any Closing Agent or escrow agent (collectively "Agent") receiVing funds or equivalent is authorized and agrees by acceptance of them to deposit
227 them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of thiS Contract. Failure of funds to
228 clear shall not excuse Buyer's performance. If In doubt as to Agent's duties or liabilities under the prOVISions of this Contract, Agent may, at Agent's option. con-
229 tlnue 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 lurisdlctlon shall
230 determine the rights of the parties, or Agent may deposit same With the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents
231 a 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
232 shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with
233 provisions of Chapter 475. F,S., as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in
234 any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to
235 be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party, The Agent shall not be liable
236 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
237 Contract or gross ne9ligence of Agent.
238 R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, ariSing out of this Contract, the prevailing party in such Iiti-
239 gation, which, for purposes of this "AS IS" Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by
240 Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses.
242 Buyer and ep id may be recovered and retained by and for the account of Seller as agreed upon Ii Sl eration for
243 the execution of this Contract and in full sett eme on, Bu er v of all obligations under this Contract; or Seller, -. PI
244 at Seller's option, may proceed in equity to enfor r IS Con r her than failure of Seller to make Seller's title mar-
245 ketable after al s, neglects or refuses to perform this Contract, Buyer may seek speCific performance turn of Buyer's
247 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither thiS Contract nor any notice of it shall be recorded in any public records.
248 This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and
249 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,
250 All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile or electronic (including "pdf') copy of this
251 Contract and any signatures hereon shall be considered for all purposes as an original.
252 U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or guardian's deed, as
253 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
254 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.
255 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract, No mod-
256 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.
257 W. SELLER DISCLOSURE: (1) There are no facts known to Seller materially affecting the value of the Property which are n01 readily observable by Buyer or
258 which have not been disclosed to Buyer; (2) Seller extends and intends no warranty and makes no representation of any type, either express or implied,
259 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
260 to a currently uncorrected building, environmental or safety code violation; (4) Seller has no knowledge of any repairs or improvements made to the
261 Property without compliance with governmental regulation which have not been disclosed to Buyer.
262 X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, including,
263 but not limited to lawn, shrubbery, and pool in the condition existing as of Effective Date, ordinary wear and tear and Casualty Loss excepted. Seller shall. upon
264 reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including a walk-through prior to Closing, to confinm that
265 all items of Personal Property are on the Real Property and that the Property has been maintained as required by this "AS IS" Standard. Seller will assign all
266 assignable repair and treatment contracts and warranties to Buyer at Closing,
268 under Section 1 0
269 ing the execution f
271 Z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by law, against any real estate licensee involved
272 in the negotiation of the Contract, for any defects or other damage that may exist at Closing of the Contract and be subsequently discovered by the
273 Buyer or anyone claiming by, through, under or against the Buyer.
FAR/BAR ASIS-2 Rev, 9;07 @ 2007 Florida Association of RtAlIOHS~ and The Florida Bar All Rights Reserved Page 5 of 5
CQlif:-r: County
,.. ~_M... "..
Vendor Infonnation
Substitute W - 9 Fonn
REQUeST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION
In accordance with the Internal Revenue. Service regulations, CoNier County Is required to collect the following
information for tax reporting purposes from IndMduals and companies who do business with the County (including
sOcIal security numbers if used by the Individual or company for tax reporting purposes). Florida Slatute
119.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Pleall8 complete aA information that applies to your business and
return via email to the address below. Prompt return of Information win facilitate timely payment for goods and
services prOvIded to the County,
1. G.n....llnfonnatlon ~1I.::{J"o ItJ~T'T0,.-,l)~ - OuJIJE-tLoF [l.ec.uL~
Taxpayer Name
(88 shown on income tax return)
Bua/nesa Name
(If dJtfrwnt from taxpeyer n81TlfJ)
Address
State
T81e~
City
z.,
FAX
Emall.
Order InforTTllltfon:
or
_ Same as abcMt, Remit I Payment InfonnatJan: _ Same .8 above, or
Address
City
FAX
Email
State
ZIp
Addresa
City
FAX
Em..
State
Zip
2. ComPII"Y Statue (check only one)
o Individual I Sole Proprtetor 0 CorponrlIon
o Partnership
o Tax Exempt (Federal Income tex-exempt entity
WIder Internal Revenue Service guidelines IRC
501 (c) 3)
o UmIted Uablllty COO1'fIny
Enter the tax c....l1Icatlon
'D = Di En. C = lion P = P8rtnersh
3. Taxpayer Identification Number (for tax mporling putpOS(18 only)
SoctaI SecurlIy NLmber (SSN)
-- ----
OR
Federal Tax Identifk:ation Number (TIN)
-- -------
4. Sign .nd D.te Fann
ClNttftcaaon: Unde, pena/tifl8 of perjury, I cettfIY thai the infonTIatlon shown on thIlI fotm 18 comK;t to my know/edr1e.
Signature Date
Title Phone Number
"____lkAlIW8
Rewiied: f2lZ7oW
Cqij~;-r: CoU1'1.ty
Vendor Infonnation
Substitute W - 9 Fonn
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION
In accordance with the Internal Revenue Service regulations, Conler County Is required to oolled the following
information for lax reporting purposes from Individuals and companies who do business with the County (including
social security numbers if used by the individual or oompany for tax reporting purposes). Florida Slatute
119.071 (5) requires that the county notify you In writing of the reason for collecting this info011ation, which Will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
retum via email to the address below. Prompt return of Infonnatlon win facilitate timely payment for goOd. and
services prOvIded to the County.
{i fL.€- CDfV\P,t;W4 (+oLD' 06, 6~~J
1. GenerallnfonnaUon
,/
Taxpayer Name
(as shown 0/"/ ;nOOrrH1 tax return)
Bualnesa Name
(If dltrerent from taxpayer name)
Address
CRy
z.,
Stale
Te~
FAX
Em.1 .
Order Informlltfon:
or
- Same sa above, Remit I Payment InformatJon: _ Same 118 above, or
Address
City
FAX
Em"
State
ZIp
Adctesa
CRy
FAX
Em"
State
Zip
2. Company StatU1l (check only one)
o Individual I Sole Propr1elor 0 Corporation
o Partnership
o Tax Exempt (Fec:Ief'aIlncome Iax-exempt enlly 0 LImtIed Uabillty COfJ1'8I1)'
under Internal Revenue Servlce guidelines IRC
501 (e) 3)
3. TUP8Yer Identification Number (for tax reporting puqxNJ8s only)
Social Security Number (SSN)
------
OR
Federal Tax identification Number (TIN)
-- ----------
4. Sign and Data Fonn
Certlftcallon: Under penaItjes of petjufy, I CtJrlIfy thai the infrxmBttJon shown on thIII fotm fa C'OfnJ(;t to my knowfedge.
Signature Date
TitJe Phone Number
Y"~:=r=
~i-
.
.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
Vs.
CASE NO. 08-3543-CA-Ol
4257049 OR: 4424 PG: 2087
RICOIDID 1a OllICIAL RlCORDS of COLLIII COUIff, PL
02/02/2009 at 03:40'. DIIGJr I. BIOCI, ctlll
COIl 100.00
DC nl 18.50
IIDIIIIG 5.00
DOC-.lO .70
US BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR CREDIT SUISSE FIRST BOSTON ARMT 2005-10
PJaintiff(s)
MICHAEL OOUCETIE AlKJA MICHAEL D.
OOUCETIE; SUSAN DOUCETIE AlK/A SUSAN J.
OOUCETIE AlK/A SUSAN J. DOUCETIE; ANY AND
ALL UNKNOWN PARTIES CLAIMING BY,
THROUGH, UNDER, AND AGAINST THE HEREIN
NAMED INDIVIDUAL DEFENDANT(S) WHO ARE
NOT KNOWN TO BE DEAD OR AL
SAID UNKNOWN PARTIES MA
INTEREST AS SPOUSES, HEI ,
GRANTEES OR OTHER CL
AMERICA, N.A.; JOHN DO D
UNKNOWN TENANTS IN 0 (TIO
Defendant(s)
n
~
The undersigned, DWIGHT E.
and filed a Certificate of Sale in
herein, and that no objections to ill
objections. The foHowing property in
Reta:
CIVIL
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LOT 11, BLOCK 6, NAPLES SOUTH UNIT NO.1, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 4, PAGES 89 AND 90, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
was sold to
US BANK NA TIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST
BOSTON ARMT 2005-10
C/O AMERICA'S SERVICING COMPANY, 3476 STATEVIEW BLVD, FT MILLS, SC
29715.
Bid Amount: $ 1 00.00
WITNESS my hand and seal of the court on February 2, 2009.
.
ttt .OR: 4424 PG: 2088 ttt
..' .
.."....' .'
'.1 .
. ,
DWIGHT E. BROCK,
Clerk of the Circuit Court
. ,
Details
Page 1 of I
-
Property Record I
Aerial
I. Sketches
Trim Notices
I
~
~
Parcel No.1163102360009
Current Ownership
Property Addressll4938 CORTEZ CIR
Owner Namell US BK NATIONAL ASSOCIATION TR
Addressesll % AMERICAS SERVICING CO
. 3476 STATEVIEW BLVD
Cityl FORT MILLS I StatellSC
Legalll NAPLES SOUTH UNIT 1 BLK 6
I LOT 11
ZiPI 29715 .0
Map No. I Strap No.
5B18 5131006115B18
-1J Millage Area :1 '1J~
106 11.054
2008 Final Tax Roll
(Subject to Change)
Latest Sales History
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
I Land Value $ 83,935.00
I (+) Improved Value $ 79,197.00
I (=) Just Value $ 163,132.00
I (-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 163,132.00
(-) Homestead and other Exempt Value $ 0.00
I (=) Taxable Value I $163,132.00
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
Date
02 / 2009
07 / 2001
07/1996
Book - Page
4424 - 2087
2859 - 2150
2211 - 57
Amount
$ 100.00
$ 121,000.00
$ 71,000.00
-
The Information is Updated Weekly.
http://www.collierappraiser.comlRecordDetail.asp ?Map=&F olioID=0000063 102360009
5/21/2009
Print Map
Page I of I
P....cttl.
Subdlvt~on...
A.,l"'", 2001 (6 Inch Urb&nl
Ae1I"'~ 200112 FEU)
Building Foo~rln"
Colllei County
Folio Number: 63102360009
Name: US BK NATIONAL
ASSOCIATION TR
Straet# & Name: 4938 CORTEZ CIR
Legal Description: NAPLES SOUTH
UNIT 1 BLK 6 LOT 11
@2004. Collier County Property Appraiser. VVhile the Collier County Property Appraiser is committed to providing the most accurate and up-te-date information, no warranties expressed or implied are provided
for the data herein, its use, or its interpretation.
"~_ http://maps.collierappraiser .comlwebmap/111.~!!.!!:_1!.~Qx?title=&ori~I.?:,!~LANDSCAPE&pa..-"'- 5/21/2009 ___
MEMORANDUM
Date:
June 2, 2009
To:
Gary Bigelow
Property Acquisition Specialist
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
"As Is" Sale and Purchase Contract
(FARlBAR) part of the Neighborhood Stabilization Program
4938 Cortez Circle
Enclosed is the original sales contract referenced above (Agenda Item #1 OF)
approved by the Board of County Commissioners on Tuesday, March 24, 2009.
After processing please forward a fully executed copy to the Minutes & Records Office
for the Board's Official Record.
If you should have any questions, please contact me at 252-8406.
Thank you.
Enclosure