Addendum to Purchase Agreement
PROJECT: NSP
FOLIO NO: 36234400000
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
HOMESALES INC., a Delaware corporation, (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:
Lot 7, Block 157, Golden Gate Unit No.5, according to the plat
thereof, recorded in Plat Book 5, Page 117 through 123, inclusive 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 $42,122, 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,
and there are no other prior or written or oral agreements, undertakings, promises,
warranties, or covenants not contained here.
Purchase Agreement
Page 2
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 /..5 H-, day of J)fr;( , 2009
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED:--4-~!3-cq
A TTcST;>::. ."'~t,
DW,IGHT E. BROCK, Clerk
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BOARD OF C UNTY COMMISSIONERS
COLLIER NTY, FLORID/, _
~d~
iala, Chairman
AS TO OWNER:
DATED:
HOMESALES, INC. a Delaware
corporation
By:
Witness (Signature)
Name:
(Print or Type)
Print Name
Witness (Signature)
Name:
(Print or Type)
Title
Appr. ved as to form and
lega s iency:
EARNEST MONEY
ADDENDUM TO PURCHASE AGREEMENT
THIS ADDENDUM TO PURCHASE AGREEMENT ("Addendum") is dated as of the _ day of
, 2009, by and between HOMESALES. INC (hereinafter called "Seller"), Collier
County. a Political Subdivision of the State of Florida, (hereinafter called "Purchaser"), and New House
Title. LLC, (hereinafter called "Escrow Agent"), amending that certain Purchase and Sale Agreement
("Purchase Agreement") between the parties of even date herewith.
1) Escrow Agent acknowledges receipt of earnest money in the amount of $0.00 pursuant to the
Purchase Agreement which Escrow Agent shall hold in a non-interest bearing account pursuant to
taxpayer information provided to Escrow Agent by Purchaser.
2) If Purchaser cancels the Purchase Agreement, Purchaser must give written notice to Escrow and
Seller. If Escrow Agent does not receive a written objection from Seller within a five (5)
business day period after the date of Purchaser's written notice, then Escrow Agent shall disburse
the earnest money to Purchaser. If Escrow Agent receives a written objection from Seller within
such five (5) business day period, Escrow Agent shall continue to hold the earnest money until
Escrow Agent receives joint written instructions from Seller and Purchaser regarding
disbursement of the earnest money or until Escrow Agent receives a final order from a court of
competent jurisdiction directing Escrow Agent to release the earnest money.
3) Any notices required to be given under this Addendum 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, addressed as follows:
To Seller at: HomeSales. Inc.
111 East Wisconsin Ave
3rd Floor Mail code WIl-2088
Milwaukee WI 53202
Attn: Mike Panaro
To Purchaser at: Collier County
3301 Tamiarni Trail E
Naples. Florida 34112
Attn: Gary Bigelow
To Escrow Agent at: New House Title. LLC
9199 Corporate Lake Drive. Suite 300
Tampa. FL 33634
Atm: Phyllis A. Bittel
4) The sole duties of Escrow Agent shall be those described herein, and Escrow Agent shall be
under no obligation to determine whether the other Parties hereto are complying with any
Addendum # 1 - Page 1
requirements of law of the terms and conditions of any other agreements among said Parties.
Escrow Agent may conclusively rely upon and shall be protected in acting upon any notice,
consent, order or other document believed by it to be genuine and to have been signed or
presented by the proper Party or Parties, consistent with reasonable due diligence on Escrow
Agent's part. Escrow Agent may consult the advice of counsel with respect to any issues
concerning the interpretation of its duties hereunder. Purchaser and Seller hereby acknowledge
such fact and indemnify and hold harmless Escrow Agent from any action taken by it in good
faith in reliance thereon. Escrow Agent shall have no duty or liability to verify any such notice,
consent, order or other document, and its sole responsibility shall be to act as expressly set forth
in this Agreement. Escrow Agent shall be under no obligation to institute or defend any action,
suit or proceeding in connection with this Agreement. If any dispute arises with respect to the
disbursement of any monies, Escrow Agent may continue to hold the same or commence an
action in interpleader and in connection therewith remit the same to a court of competent
jurisdiction pending resolution of such dispute, and the Parties hereto hereby indemnify and hold
harmless Escrow Agent for any action taken by it in good faith in the execution of its duties
hereunder. The Parties agree that there may exist a potential conflict of interest between the
duties and obligations of Escrow Agent pursuant to this Addendum and as insurer of the title to
the property after sale from Seller to Purchaser. The Parties hereto acknowledge such potential
conflict and indemnify and hold harmless Escrow Agent from any claim of interest arising as a
result of the exercise of its duties hereunder and in determining whether it can give its irrevocable
commitment to insure title.
SELLER
HOMESALES, INC
By:
Its:
Addendum # I - Page 2
DATED: Y--l~-01
ATTEST:
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DWIGa:.r' .~'.. :'BR~q~, CLERK
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PURCHASER:
COLLIER COUNTY,
A POLITICAL SUBDIVISION OF THE STATE
OF FLORIDA{4
'~J' dd
By: V~~
Donn 1a a
Its:
~h.1irman
rm & legal sufficiency
Jeffre A. tzkow
County Attorney
Addendum # 1 - Page 3
ESCROW AGENT:
New House Title, L.L.C
By:
Its:
Addendum #1 - Page 4
LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978
TO PURCHASE AGREEMENT BETWEEN
HOMESALES, INC, AS SELLER
AND
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE ST ATE OF
FLORIDA, AS BUYER
LEAD W ARNING STATEMENT
Every purchaser of any interest in residential real property on which a residential dwelling was
built before 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
poses a particular 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 before purchase.
SELLER'S DISCLOSURE
1. Presence oflead-based paint and/or lead-based paint hazards (check items a or b below):
a. _ Known lead-based paint and/or lead-based paint hazards are present in the
housing. If checked, the following explanation is provided:
b. l SeIler has no knowledge oflead-based paint and/or lead-based paint hazards in the
housing.
2. Records and reports available to Seller (check item a or b below):
a. _ Seller has provided Buyer with all available records and reports pertaining to lead-
based paint and/or lead-based paint hazards in the housing. If checked, the following
documents were provided:
b. --K- Seller has no reports or records pertaining to lead-based paint and/or lead-based
paint hazards in the housing.
BUYER'S ACKNOWLEDGMENT
1. Buyer has read the Lead Warning Statement above and understands its contents, and has received
copies of all information listed above.
2. Buyer has received the pamphlet Protect Your Family from Lead in Your Home.
3. Buyer has either (check one of the boxes below):
o received a I O-day opportunity (or mutually agreed-upon period) to conduct a risk
assessment or inspection for the presence of lead-based paint and/or lead-based paint
hazards; or
o waived the opportunity to conduct a risk assessment or inspection for the presence of
lead-based paint and/or lead-based paint hazards.
Addendum #3 - Page I
AGENT'S ACKNOWLEDGMENT
BY AGENT'S EXECUTION BELOW, AGENT ACKNOWLEDGES THAT:
Agent has informed Seller of Seller's obligations under 42 V.S.C. ~4852d and is aware of his or
her responsibility to ensure compliance.
CERTIFICA TION OF ACCURACY
The following parties have reviewed the information above and certify, to the best of their
knowledge, that the information they have provided is true and accurate.
SELLER:
PURCHASER:
***
By:
COLLIER COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF
:~RIDAIjJ~ d~
Donna Fiala
Chairman
Its:
HOMESALES, INC
Its:
Listing broker/agent
date
Selling broker/agent
date
DATED:
Lf-r-)-oq
ATTEST:
DWIGHT E. BROCK"P~Eij:J<
o 19089/ZSUOO 111048036_3. .. .
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Addendum #3 - Page 2
Book 4376 - Page 841
Page I of 1
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
CHASE HOME FINANCE, LLC,
Plaintifft$)
,t* 4186858 OR: 4376 PG: 0841 **:
1JCaJDlt 11 ~P!ICIAL RIOOIJS ~f ea~lll CCVI1!, PL
G1/&T/2tOI at Q4:UPI "1GB! J. nOCI, CUll
COIS ao.oo
DC ... I D.tO
DOC-.lO . TQ
Vs.
CASE NO. 07.254S.cA-01
Reu:
mn
YORlJANIS SANCHEZ; CHASE BANK USA, N.A.;
UNKNOWN SPOUSE OF YORDANIS SANCHEZ;
JOHN DOE; JANE DOE AS UNKNO\\lN TENANT (S)
IN POSSESSION OF THE SUBJECT PROPERTY.
DefendaJ1t(s)
CEjU~I~ATE OF TiTLE
The unc:krsigncd, DWIGHT E. BROCK, Clerk of the Circuit Coon, certifies that he executed
and filed a Certificale of Sale in this action on June 23, 2008. for Ihe property described herein.
and that 00 objections to the sale have been filed within the time allowed for filing obj~cti()ns.
The following property in Collier Counly. Florida:
LOT 7. Bl.OCK 157, GOLDEN GATE. UNIT S. ACCORDING TO THE PLAT THEREOF. AS
RECORDED IN PLAT BOOK 5. AT PAGES 117 TIlROUGH 123. INCLUSIVE, OF THE
PUBLIC RECORDS OF COLl.IER COUNTY. FLORIDA.
was sold 10
HOMESALES, INC, OF' DELAWARE. WITIIOUT RECOtJRSE
clo ADVANTNClIASE MORTGAGE COMPANY, 10190 RANCnO BER.l~ARDO ROAD,
SAN DIEGO. CA 92127.
Bid Amount $ 1 00.00
WITNESS my hand and seal of the court on July 7.2008.
DWIGHT E. liROCK,
Clerk of the Circ\Lit <;Q'iQ
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04/08/2009
Print Map
Page 1 of 1
P.tC'"
I Subdi"lslont.
Atoflat. 2001 (6 Inch UrbanJ
....'1.,.200112 FEETI
BuHdlnog Footptlnts
Collier Cou"ty
Falla Number: 36234400000
Name: HOMESALES INC OF
DELAWARE
Street# & Name: 5501 17TH AVE SW
Legal Description: GOLDEN GATE
UNIT 5 BLK 157 LOT 7
lC 2004. Collier County Property Appraiser. 'M1ile the Collier County Property Appraiser is committed to providing the most accurate and up-la-date information, no warranties expressed or Implied are provided
for the data herein, its use, or its interpretation.
http://maps.collierappraiser.com/webmap/mapprint.aspx?title=&orient= LANDSCAPE&pa... 4/13/2009
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Details
-
Property Record
Aerial
Sketches
.@J.
~
Parcel No.1136234400000
I
I
~
Current Ownership
Property Addressl1550117TH AVE SW
Owner Name HOMESALES INC OF DELAWARE
Addresses VANTA CHASE MORTGAGE CO
10790 RANCHO BERNARDO RD
Cityll SAN DIEGO I State I CA
Legalll GOLDEN GATE UNIT 5 BLK 157
I LOT7
Section Township Range Acres
21 49 26 0.23
Sub No. 323800 I GOLDEN GATE CITY UNIT 5
~ Use Code 1 I SINGLE FAMILY RESIDENTIAL
2008 Final Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 124,992.00
(+) Improved Value $ 107,693.00
(=) Just Value $ 232,685.00
H SOH Exempt Value $ 0.00
(=) Assessed Value $ 232,685.00
(-) Homestead and other Exempt Value $ 0.00 I
(=) Taxable Value I $ 232,685.00 I
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
~....
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The Information is Updated Weekly,
Trim Notices
Map No.
4B21
~ Millage Area
20
Page 1 of 1
Zipll 92127 - 5705
Latest Sales History
Book - Page
4376 - 841
4206 - 1961
3849 - 830
2448 - 1733
1_9.92 ~9l8
http://www.collierappraiser.comlRecordDetail.asp ?Map=&F olioID=000003 623 4400000
Strap No.
323800 15774B21
~~
11.3533
Amount I
$ 100.00
$ 359,900.00
$ 265,000.00
$ 0.00
$ 74,500.00 I
4/13/2009