As Is Contract to Sale & Purchase #2
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS. AND THE FLORIDA BAR
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"As Is" " '\
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"As Is" Contract For Sale And Purchase
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("Seller"),
Items of Personal Property (and leased items, if any) excluded are:
15* II. PURCHASE PRICE (U.S. currency):. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . . . . .. $ hCf, CJ DO. 0 ()
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16 PAYMENT:
1 7* (a) Depos~ held in escrow by ("Escrow Agent") in the amount of (checks subject to clearance) $
18" Escrow Agent's address: Phone:
19* (b) Addrtlonal escrow deposrt to be made to Escrow Agent wrthin _ days after Effective Date in the amount of. . . . . . . . . . $
20* (c) Financing in the amount of ("Loan Amount") see Paragraph IV below . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
21* (d) Other. . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
~;* ;: :d~~~:e~~sc~s~r~;a~::,.~~~.t~~~f~: ~~ .~~~.L.L~. ~~~~~ ~~~~I.e~'~.~r. ~~~~I.~~~k. ~~~~(~~..~~~j~ .. . . .. .. ... .... " $ t:> ~ 100. ocJ
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26* before , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. Unless other-
27 wise stated, the 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.
31 IV. FINANCING:
32. )((a) This is a cash transaction with no contingencies for financing;
33* Q (b) This Contract is contingent on Buyer obtaining written loan commitment which conlims lKlderwritlng loan approval for a loan to purchase
34* the Property ("Loan Approval'1 within _ days (If blank, then 30 days) after Effective Date ("Loan Approval Date") for (CHECK ONLY
35* ONE): Q a fixed; Q an adjustable; or Q a fixed or adjustable rate loan, in the Loan Amount (See Paragraph II.(c)) at an Initial Interest rate not to
36* exceed %, and for a term of _ years. Buyer wlM make application witI1ln _ 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 close 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 Sellar, 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 ("Sellar's Cancellation Notlcej to Buyer, but not later than seven (7) days prior to Closing. Seller's CanceUation Notice shall
44 notify Buyer that Buyer has three (3) days to deliver to Seller written notice waiving this FlIlanclng contingency, or the Contract shall be cancelled.
45 DEPOSIT(S) (for purposes of this Financing Paragraph N(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: (0 Seller's failure or refusal to close or Seller otherwise fails to meet the terms of the Contract, or OQ 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* Q (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 tenns) 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* 0 (2) Buyer at Buyer's expense.
5?' (CHECK HERE): 0 If an abstract of title is to be furnished instead of title Insurance, and attach rider for terms.
58" VI. CLOSING DATE: This transaction shall be closed am the closhg documents delivered on J"''''~ 31 i :lD D q ("Oosing"), unless
59 modified by other provisions of this Contract. In the event of extreme weather or other conditions or events stituti1g "force majeure., Closing wiN be
60 extended a reasonable time until: (i) restoration of utilities and other services essential to Closing, and QQ availability of Hazard, Wind, Flood, or Homeowners'
61* insurance. If such conditions continue more than _ days (if blali<, then 14 days) beyond Closing Date, then either party may cancel this Contract.
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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 a~d~ional items, see
67* addendum); provided, that tl9sl'tl Ell<ieta at Cle8ifl~ 1'16 ,lelatiBR 61 tAs fer6~6if1~ BRa none prevent use of the Property for 'ESt O~
68* 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 a may assign and thereby be released from any further liability under this Contract; a may
76* assign but not be released from liability under this Contract; or 9t may not assign this Contract.
77 XI. DISCLOSURES:
78 (a) The Property may be subject to unpaid special assessment lien(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:)( by Seller at Closing a 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 guldeUnes have been found in buildings in Ronda,
B5 Additional information regarding radon or radon testing may be obtained from your County Public Heaith unit.
86 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concemed or desires additional information
87 regarding mold, Buyer should contact an appropriate professional.
B8 (d) Buyer acknowledges receipt of the Rorida Energy-Efficiency Rating Information Brochure required by Section 553.996, ES.
B9 (e) If the Real Property includes pre-1 978 residential housing, then a lead-based paint rider is rnandatory.
90 (f) If Seller is a "foreign person" as defined by the Foreign Investrnent 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) PROPERlY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERlY TAXES AS THE AMOUNT
94 OF PROPERlY TAXES THAT THE BUYER MAY BE OBUGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER-
95 SHIP OR PROPERlY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERlY THAT COULD RESULT IN HIGHER PROPERlY TAXES.
96 IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNlY PROPERlY APPAAISER'S OFFICE FOR INFORMATION.
97 XII. MAXIMUM REPAIR COSTS: DELETED
98* XIII. HOME WARRANTY: a Seller a BUyer'J( N/A will pay for a home warranty plan issued by
99* at a cost not to exceed $ ,
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 Sel/er during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such inspections and repair of damage
1 03 to and restoration of the Property resulting from such Inspections and this provision (b) shall survIve terminatIon of this Contract;
1 04 and (c) if Buyer determines, In Buyer's sole discretion, that the Property is not acceptable to Buyer, Buyer may cancef 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 XlV. Unless Buyer exercises the right to cancel
1 08 granted herein, Buyer accepts the Property in Its present physIcal condition, subject to any violat/on of governmental, building,
109 environmental, and safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements
11 0 required by Buyer's fender.
111 XV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract:
112* a CONDOMINIUM a VNFHA CJ HOMEOWNERS' ASSN. a LEAD-BASED PAINT a COASTAL CONSTRUCTION CONTROL UNE
113* a iNSULATION a EVIDENCE OF TITLE (SOUTH FLORIDA CONTAACTS) a Other Comprehensive Rider Provisions a Addenda
114* Special Clause(s):
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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.
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128 THIS IS INTENDED TO BE A LEGALLY OINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
129 SEEI< THE ADVICE OF AN ATIORNEY PRIOR TO SIGNING.
130 THIS "AS IS" FORM HAS BETN APPROVED BY THE FLORIDA ASSOCiATION OF REALTORS' ;\ND THE FLORIDA BAR
131 Approval does not constitute an opinion that any of the terms cHld conditions in !hls 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 interesled persons.
134 AN ASTERISK(') FOt_LOWU\IG A LINE NUMBER IN THE MARGIN IHDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED.
135" **SEE SIGNA TURE BLOCK BELOW
136 (BUYER) ~OA~
137" =============-
138 (BUYER) (DATE) (SELLER) (DATE)
139* Buyers' address for purposes of notice Real Property Manaqe Sellers' address for purposes of notice S b Cy?fPiS /."f!~5 / /J'l.J.
140* 3301 Tamiami Trail East, B/dr!. W, Naples, FL ~,;lO f/~E AvE, N, ';v/Te A.OLf),tIAf?FL...s~b 77
141' (239) 252-8991 Phone 7;1 7 ...., 'It, - 9 ~ 5"" . Phone
142 BROKERS: The brokers (including cooperating brokers, it any) named below are the only brokers entitled to compensation in connection with
143 this Contract:
144* Name:
145
(SELLER)
(DATE)
Cooperating Brokers, it any
Listing Broker
Date Property acquisition approved by BCC:
March 24,/2009, Item 10F
DATED: ~~,~1
U
BUYER:
ATTEST: .
WIGHT E. BROCK~,Clerk
8~.
~,.te
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" '1 \;,)""
Approved as to form and
legal sufficiency:
~13IJ~
~ County Attorney
PROPERTY ADDRESS:
2540 50th Ave NE, Naples, Florida -34120
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146 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
147 A. TITLE INSURANCE: The nle Commitment shall be issued by a Florida 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 author~ of The Florida Bar and in accordance with law, Buyer shall have 5 days from date of receiving the Title Commrtment 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 remova the
'S;: defects, failing which Buyer shall, within 5 days after expiration of the 30 day period, 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) peid whicl1 shall
154 be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as ~ then Is. Seller shall, if title Is found unmarketable,
155 use diligent effort to correct defect(s) w~hin the time provided. If, after diligent effort, Seller is unabie 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 w~h this "AS IS. Standard.
159 B, PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a
1 b:) 30 day grace periOd in the event of default If a first mortgage and a 15 day grace perlod if a second or lessar mortgage; shall provide for right of prepayment
161 In whole or in part without penalty; shall permit acceleration In event of transfer of the Real Property; shall require all prior liens and encumbrances to be kept
162 in good standing; shall forbid modifications of, or future advances under, prior mortgage{s); shall require Buyer to maintain policies of insurance containing a
163 standard mortgagee clause covering all improvements located on the Real Property against fire and all perils Included within the term "extended coverage
164 endorsements" and such other risks and perils as Seller may reasonably require, in an amount equal to their highest Insurable value; and the mortgage, note
165 and security agreement shall be otherwise in form and content required by Seller, but Seller may only require clauses and coverage customarily found in mort-
1 66 gages, mortgage notes and security agreements generally utilized by savings and loan institutions or state or national banks located in the county wherein the
167 Real Property Is located. All Personal Property and leases being conveyed or assigned will, at Seller's op1lon, be subject to the lien of a secur~ agreement evi-
168 denced by recorded or flied financing statements or cartlficates of title. If a balloon mortgage, the final payment will exceed the perlodlc payments thereon.
169 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-
170 fled by a registered Florida surveyor. if the survey discloses encroachments on the Real Property or that Improvements located thereon encroach on setback
171 lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect.
172 D. WOOD DESTROYING ORGANISMS: DELETED
173 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
174 in Paragraph VII hereof and title to the Real Property Is Insurable in accordance w~h "/JoS IS" Stendard A without exception for lack of legal right of access.
175 F. LEASES: Seller shall at least 10 days before Closing, fumish to Buyer copies of all written leases and estoppel letters from each 1enant specifying the nature
176 and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each ten-
177 ant, the same infonmatlon shall be furnished by Seller to Buyer within that time period In the form of a Seller's affldav~, and Buyer may thereafter contact ten-
178 ant to confirm such information. If the tenms of the leeses differ materially from Seller's representations, Buyer may terminate this Contract by delivering written
179 notice to Seller at least 5 days prior to Closing. Seller shall, at Closing, deliver and assign all original leases to Buyer.
180 G. UENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement,
181 claims of lien or potential lIenors known to Saller and further attesting that there have bean no Improvements or repairs to the Real Property for 90 days imme-
182 dlately preceding date of Closing. If the Real Property has been Improved or repaired within that time, Seller shall deliver releases ur waivers of construction
183 liens executed by all general contractors, subcontractors, suppliers and matenalmen In addition to Seller's lien affidavit setting forth the names of all such gen-
184 eral contractors, subcontractors, suppliers and meterlalmen, further affirming that all charges for improvements or repairs which could serve as a basis for a
185 construction lien or a claim for damages have been paid or will be paid at the Closing of this Contract.
186 H, PLACE OF CLOSING: Closing shall be held iR tl:1e ellIORt,' '''~srsiFl tl:1s r::lssli/re"el't; is ISlI8tS. at the office of the attorney or other closing agent ("Closing
187 Agent") designated by the party paying for @e insurance, or, if no title insurance, designated by Saller,
188 I. TIME: Calendar days shall be used in computing time periods except perlods of less than six (6) days, In which event Saturdays, Sundays and state or natlon-
189 aIlegal 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
190 next business day. lime is of the essence In this Contract.
191 J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, certificate of t~le. construction lien affidavit, owners possession affida~, assignments of leas-
1 92 es, tenant and mortgagee estoppel letters and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement and financing statements.
193 K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. All costs of Buyers loan (whether obtained
194 from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed,
195 mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer.
196 Unless otherwise provided by law or rider to this Contract, charges for related closing services, title search, and closing fees ~ncluding preparation of closing
197 statement), shall be paid by the party responsible for furnishing the title evidance in accordance with Paragraph V.
198 L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the dey before Closing.
199 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
200 increased or decreased es mey be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing. Advance
201 rent and security depos~s will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current
202 year's tax with due allowance mada for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's mUl-
203 age is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's mIRage. If current year's assess-
204 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 st of year of Closing,
205 which Improvements were not in existence on January 1st of prlor year, then taxes shall be proreted based upon prior year's millage and at an equitable assess-
206 ment to be agreed upon between the parties; falling which, request shall be made to the County Property Appraiser for an informal assessment taking into
207 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 bIN.
208 M. (RESERVED - purposely left blank)
209 N. INSPECTION AND REPAIR: DELETED
210 O. RISK OF lOSS: If, after the Effective Date, the Property is damaged by fire or other casualty ("Casualty Loss'? before Closing and cost of restoration (which
211 shall include the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase Prlce, cost of restoration shall be an obligation of SeNer and
212 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
213 the cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall either take the Property as is. together with the 1,5% or receive a refund of deposlt(s)
214 thereby releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation w~h respect to tree damage by casualty or other natu-
215 ral occurrence shall be the cost of pruning or removal.
216 P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title agent Insures adverse matters pursuant to Section 627.7841,
217 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
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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 period, 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 tha Personal
223 Proparty, 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 rights against Seller as to any Intervening defect except as may be available to Buyer by virtue of war-
225 'ant/es contained in the deed or bill of sale.
226 a. 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 10 Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agent's option, con-
229 tinue 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 jurisdiction shall
230 determine the rights ot 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 at1orney'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 negligence of Agent.
238 R. ATTORNEY'S FEESj COSTS: In any litigation, Including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such Iiti-
239 gatlon, 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-prevaHing party reasonable attorney's fees, costs and expenses.
241 S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract w~hin the time specified, including payment of all deposits, the deposit(s) paid by
242 Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for
243 the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of aU obligations under this Contract; or Seller,
244 at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If for any reason other than failure of Seller to make Seller's title mar-
245 ketable after diligent effort, Seller falls, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect to receive the return of Buyer's
246 deposlt(s) w~hout thereby waiving any action for damages resulting from Seller's breach.
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 eny 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 mall, personal delivery or electronic media. A legible facsimile or electronic Qncluding 'pdt') copy of this
251 Contract and any signatures hereon shall be considered for aN purposes as an original.
252 U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal representatlve's, or guardlan'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 mat1ers 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 not 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) Seffer has received no written or verbal notice from any governmental entity or agency as
260 to a currently uncorrected buifdlng, 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 utilrtles service and access to the Property for appraisal and inspections, including a walk-through prior to Closing, to confirm that
265 all ~ems 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.
267 Y. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like-kind exchange (either simultaneous with Closing or deferred) with respect to the Property
268 under Section 1031 of the Internal Revenue Code ("Exchange''), the other party shall cooperate in all reasonable respects to effectuate the Exchange, Includ-
269 jng the execution of documents; provided (1) the cooperating party shall Incur no liability or expense related to the Exchange and (2) the Closing shall not be
270 contingent upon, nor extended or delayed by, such Exchange.
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 agalnst the Buyer.
FAR/BAR ASIS-2x Rev. 2/08 @ 2008 Florida Association of REALTORS- and The Florida Bar All Rights Reserved Page 5 of 5
Thi. .oftw.~. i. licen.ed to (Carter Wh..ler - Ameriv..t a..~ty - Winfi.ld . A..oct.t... Inc.) www.traneactiond..k.cam.
~
w
DISCLOSURE REGARDING FDIC INSURANCE COVERAGE OF DEPOSIT FUNDS @
~~
The Federal Deposit Insurance Corporation (FDIC) is an independent agency of the United States
government that protects depositors against the loss of their deposit funds if an FDIC-insured bank or
savings association fails.
Deposit funds in checking and savings accounts, money market deposit accounts and certificates of
deposit (CDs) are FDIC insured. Funds invested in stocks, bonds, mutual fund shares, annuities,
municipal securities and fife insurance policies are not FDIC-insured, even if purchased from an
FDIC-insured bank or savings association. .
On October 3. 2008, Congress temporarily increased FDIC deposit insurance coverage from
$100,000.00 to $250,000.00 per depositor. per FDIC-insured bank or savings association; Le., all
deposits owned by and titled in one person or entity at a particular FDIC-insured bank or savings
association are combined, and the total deposit funds at that bank or savings association are Insured
up to $250,000.00. The $250,000.00 limit is subject to change after December 31,2009.
Deposit funds tendered by a Buyer/Tenant and held in an attorney.,. title company or Broker escrow
account ("Deposit Funds") are for insurability purposes deemed t~. be ~eld. directly in an account
owned by and titled in the Buyer/Tenant, and are combined with any and all other BuyerfTenant
deposit accounts held by the institution holding the Deposit Funds. Therefore, if BuyerfTenant holds
any other deposits with the institution holding the Deposit Funds, BuyerfTenant is urged to
immediately contact that institution to confirm that all BuyerfTenant funds. including the Deposit
Funds, are fully FDIC insured.
BuyersfTenants and Sellers/Landlords are strongly encouraged to obt~in the name of the bank or
savings association where the Deposit Funds have been or will be deposited, verify that said
institution is FDIC insured, and verify that the Deposit Funds as well as all other Buyer/Tenant funds
are being held and titled in a manner that affords complete FDIC coverage should that institution fail.
The real estate attorney, title company or Broker holding the Deposit' Funds shall have no obligation
to BuyerlTenant or Seller/Landlord to determine whether BuyerfTenant deposit funds are fully FDIC
protected and insured.
Buyers/Tenants and Sellers/Landlords wishing to learn more about FDIC insurance coverage are
encouraged to visit the FDIC website at www.myfdicinsurance.gov or www.fdic.gov, or call the FDIC
at 1-877-ASK-FDIC (275-3342) for additional information. BuyersfTenants may calculate Insurance
coverage using the FDIC on-line Electronic Deposit Insurance Estimator at www2.fdic.gov/edie.
Receipt of this Disclosure is acknowledged below.
See Substitute- Signa.ture Page
(Seller's/Landlord's Signature)
----------------------------- ,,--1.:......:...-.:-=-.:._.
--------
(Date)
(Buyer'sfTenant's Signature)
(Date)
(Seller's/Landlord's Signature)
---------------------------------------r---------
(Date)
-------------------------------------------------
(Buyer'sfTenant's Signature)
(Date)
@200B Naples Area Board of REAL TORSillI and ASSociation 01 Real Estate Professionals. Inc:. All Righls Reserved. (NABOR 10116/2008)
Thi. aoftwar. i. licon.ad to (C.rtar Wh..ler. ~.riv..t R.alty . Winti.ld , A..oci.t.., Inc.] I~~~
www.trana.ctionda.k.co~. ~~
Project: Neighborhood Stabilization Program
Property Address: 2540 50th Ave NE
SUBSTITUTE SIGNATURE PAGE
Date Property acquisition approved by BCC: March 24,2009, Item 10F
,,,",
AS TO PURCHASER:
DAT,~D:~~;~
A U~ST: . '~^,
0" HT E. BROe ,Clerk
fA -, ' ,',
~.:., "
" ,
(' '. '. "y
A ,
,..'~I, .....~
IItttlt'-~I~.if.\) ,
,1 ",.t~ "".1
BOARD OF C UNTY COMMISSIONERS
COLLIER ~L02
iala, Chairman
I\pproved as to form and
legal sufficiency:
~i?)'\.0 ~
Assistant County Attorney
m ADDENDUM TO SALES CONTRACT (RESIDENTIAL IMPROVED PROPERTY) 1Sl
DEFECTIVE DRYWALL DISCLOSURE AND INSPECTION CONTINGENCY
REALTOR- ~~W;
This Addendum is to the Sales Contract entered into between:
-;~u 15c.Jli'b/JI't:. IJAnti',;t,flL- rh>T (t;MP/LN.~ JJ5 f12/1S1E6 lit iXIS 2oC'/;,--jll5 I ("SELLER") and
{'OL-L.-16 g cou;.-TY, 4 7oL-1 nLIJL- SvBDIU)S/O,N 0;::'- TIff SAlCe/' f4fiiJ/} ("BUYER")
relating to the following described real property ("Property"):
:;25"'4D soJH AVE HE, tJ/~?LtS,FL :Si..f/;;:LO
, r
1. BUYER ADVISORY: Some homes have been built or renovated using certain drywall (herein "Defective Drywall")
which reportedly emits levels of sulfur, methane and/or other volatile organic compounds that may cause corrosion of
air conditioner or refrigerator coils, copper tubing, electrical wiring, computer wiring and other household items as well
as create noxious odors which may pose health risks.
2" SELLER DISCLOSURE: Except as indicated below, SELLER has no knowledge of the presence of Defective Drywall
or of any records or reports pertaining to Defective Drywall affecting the Property. Upon executing the Contract,
SELLER shall describe below all known Defective Drywall information for the Property and list all available documents
pertaining to Defective Drywall in the Property and provide any such documents to BUYER. If any such disclosure
made by SELLER indicates the presence of Defective Drywall in the Property, BUYER may terminate this Contract
within the Inspection Period set forth below.
3. DEFECTIVE DRYWALL INSPECTION CONTINGENCY: Within days [15 days, if left blank] after the
Effective Date (the "Inspection Period"), BUYER may have an appropriately Florida licensed inspection company or
licensed contractor inspect the Property to ascertain the existence of (1) drywall in the Property having been
manufactured in China or any other point of origin linked to the manufacture of potential Defective Drywall or (2) visible
evidence of corrosion or discoloration to air conditioner or refrigerator coils, copper tubing, electrical wiring, computer
wiring or other household items in the Property possibly caused by Defective Drywall. These inspections may
temporarily displace insulation to view drywall, remove electrical plates or utility covers and access the Interior of
appliances or equipment to ascertain any such corrosion or discoloration, but otherwise the inspections shall not be
Invasive or cause any damage to the Property or its contents without the written consent of SELLER. If the Inspection
report(s) documents the existence of either (1) or (2) as set forth above, BUYER shall deliver a copy of said Inspection
nF~rt(s) to SELLER and may terminate this Contract prior to expiration of the Inspection Period. Nothing shall.
however, In the altemative preclude BUYER and SELLER from agreeing upon terms for the remediation of the
Defective Drywall or a SELLER credit to BUYER in lieu of such remediation.
4. PROFESSIONAL ADVICE: BUYER acknowledges that all representations about Defective Drywall by any real estate
broker are solely based on SELLER representations and that no real estate broker has conducted any independent
investigations to verify the accuracy or completeness of the information. BUYER agrees to rely solely on SELLER.
professional inspectors, govemment agencies or third parties retained by BUYER regarding any issue related to
Defective Drywall.
(Seller's Signature)
(Date)
See Substitute Signature Page
(Buyer's Signature) (Date)
(SeI'Jignature)
(Date)
(Buyer's Signature)
(Date)
<.Q 2009 Naples Area Board of REAL TORS@ and Association of Real Estate Professionals, Inc. All Rights Reserved. (NABOR 4-23-2009)
Project: Neighborhood Stabilization Program
Property Address: 2540 50th Ave NE
SUBSTITUTE SIGNATURE PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATEg f11~'da:fl
ATJ:ES,P ..~.
1.~\'mtl E. ~~OCK, Clerk
I" '....' .d,
...... ..;.....' .
.t..... ..:,,-
Approved as to form and
legal sufficiency:
~-B'D~
J"- {\J N I F 'CCL (). \O+.!, r 1.-
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER UNTY, FLORIDA
THIS DOCUMENT HAS IMPORT ANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD
CONSlJLT LEGAL, TAX, OR OTHER PROFESSIONAL COUNSEL BEFORE SIGNING.
Counterproposal to Purchase and Sale Agreement
This Counterproposal to Purchase and Sale Agreement ("Counterproposal") amends, modifies, revises, and is incorporated for all
purposes into the proposed purchase and sale agreement or contract (together with any attachments or addenda thereto, "Contract")
dated Ct' tH/~ OArl: between Saxon Mortgage Services Inc. ... ("Seller") and Collier County ("Buyer")
relating to the sale and purchase of the following described real property ("Transaction") located in COLLIER County,
FL . otherwise know as 2540 50TH AVENUE NE NAPLES FL 34120 (together with any
imorovements thereon, "Prooerty"). ..,..,4 S A TTuR.IV[;Y- 11"1 FA c. T ,.ct.? R [JEt,.) T.5"C/i '! 11!!.""'1-< _
(VA JIOf>JIIi_ n2l.1f/T CC>Mr"'IJ,vy fl~ Tfl.,,~TI.::.E r'-'R Ixl5 ;2x(, fiE I
Seller and Buyer agree as follows:
. PRICE: The "Purchase Price" shall be $ 69900 . "Earnest Money" in the amount of $ 0 is due
upon Buyer's acceptance of this Counterproposal and is to be held by . Earnest Money shall
be in a form acceptable to Seller, including certitied funds, cashiers and tellers checks, and money orders; cash is
unacceptable. NOTWITHSTANDING CUSTOMARY PRACTICES OR ANY PROVISION OF THE
CONTRACT TO THE CONTRARY, UNLESS OTHERWISE PROVIDED IN THIS COUNTERPROPOSAL
OR REQUIRED BY APPLICABLE LAW, THE EARNEST MONEY SHALL BE NON-REFUNDABLE. In the
event the Contract or this COllnterproposal provides for the release of the Earnest Money to Seller, execution of this
Counterproposal by Buyer will serve as a written release, and the only release necessary, for the escrow company or
closing agent to immediately release the Earnest Money as such to Seller.
. SELLER CONCESSIONS:
Closing Costs (not to exceed):
Seller-paid Repairs (see below):
Lender Required Repairs:
Homeowners Warranty Amount:
Other
$ 0
$
$
$
$
If Seller has agreed to pay for the cost of any repairs ("Seller-paid Repairs"). Seller shall cause such Seller-paid repairs
to be made by contractors designated and approved by Seller prior to the time the Transaction is closed ("Closing"). In
the event Closing does not occur, Buyer will be responsible for any costs Buyer has incurred in connection with this
Contract. Closing costs paid by Seller will be paid at Closing and must be based on actual, specified closing costs.
At Closing, Seller
any ;..JON E
shall
pay
for
the
following
treatments
and
repairs,
if
. CLOSING: The Closing shall be on or before . 7!31/200~losing Date"). The "Closing Agent" will be
C f?(l.. t:"'SS I-Aj(c'> Ti'!l.& Se: RIII(E~JLLor QHj'er's title iRBliF!l'Ule I!',a. iallr illaillMllli in pAld~Jnpl. 16 b....lv...
TIME IS OF THE ESSENCE IN THIS CONTRACT.
IN THE EVENT ANY PROVISION OF THIS COUNTERPROPOSAL CONFLICT IN WHOLE OR IN PART WITH THE
TERMS OF THE CONTRACT, THE PROVISIONS OF THIS COUNTERPROPOSAL WILL CONTROL EXCEPT TO
THE EXTENT SUCH PROVISIONS OF THIS COUNTERPROPOSAL ARE CONTRARY TO ANY APPLICABLE LAWS,
RULES. OR REGULATIONS ("APPLICABLE LAW"), IN WHICH CASE THE CONTRACT SHALL GOVERN ONLY
TO THE LIMITED EXTENT NECESSARY FOR COMPLIANCE WITH ANY StiCH APPLICABLE LAW.
Pa~ ' "1 n
Counll:Tpropo>al 1O P\Jn;hn~~ and Sdlc :\v.r~C']J)C'1I1 06, :10, 08
The terms and conditions of the Contract are further amended, modified, and revised by this Counterproposal as follows:
I. Deed. Seller shall furnish to Buyer at Closing, either a special warranty deed, a quitclaim deed, or such other deed ("Deed")
necessary to convey insurable title to the Property, subject to the terms of the Contract and this Counterproposal. If more than one
form of Deed will suffice for conveying insurable title, Seller in its sole discretion may elect the form to use to convey the Property to
Buyer.
2. Consideration of Offers. Buyer acknowledges that Seller may have received offers prior to or may receive offers after receipt of
Buyer's current offer evidenced by the Contract. Buyer acknowledges that Seller may consider all offers to purchase the Property,
regardless of the date of receipt, and that Seller may accept or reject any offer in Seller's sole discretion. Seller's agreement to sell the
Property to Buyer is evidenced solely by Seller's signature of this Counterproposal and no prior oral discussions or representations of
any kind by Seller, or its agents or representatives, shall be binding upon Seller unless set forth in this Counterproposal
3. Special Conditions. Buyer acknowledges that Seller obtained the Property by foreclosure or a deed in lieu of foreclosure. The
Contract and this Counterproposal may be subject to the following: (a) approval by a private mortgage insurer; (b) repurchase of the
Property by the prior mortgage servicer or insurer; or (c) the ability of Seller to convey insurable title as required by the Contract and
this Counterproposal. In the event that any of these conditions apply, Seller in its sole discretion may terminate the Contract and this
Counterproposal and promptly refund the Earnest Money to Buyer as Buyer's sole and exclusive remedy. Upon such termination,
Seller shall have no further obligation to Buyer whatsoever.
Neither Seller nor any of its agents or representatives have occupied the Property and neither warrants or represents that the Property
or any alterations or additions which may have been made to the Property conform to Applicable Law.
Buyer hereby acknowledges that Seller shall net be providing Buyer with a Real Estate Transfer Disclosure Statement and/or a
celtificate of occupancy with respect to the Property. Buyer, to the extent permissible under Applicable Law, hereby waives any
requirement that Seller furnish Buyer with any such disclosure statement and/or a certificate of occupancy and hereby releases Seller,
and its successors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives from any and all liability
resulting from the non-delivery of such disclosure statement and/or certificate of occupancy.
MOLD, MILDEW SPORES, AND OTHER MICROSCOPIC ORGANISMS AND ALLERGENS (COLLECTIVELY,
"MOLD") ARE ENVIRONMENTAL CONDITIONS THAT ARE COMMON IN RESIDENTIAL PROPERTIES AND MAY
AFFECT THE PROPERTY. MOLD, IN SOME FORMS, HAS BEEN REPORTED TO BE TOXIC AND TO CAUSE
SERIOllS PHYSICAL INJlJRIES, INCLUDING, BUT NOT LIMITED TO, ALLERGIC AND RESPIRATORY
REACTIONS OR OTHER PROBLEMS, PARTIClILARLY IN PERSONS WITH IMMUNE SYSTEM PROBLEMS,
YOUNG CHILDREN, AND ELDERLY PERSONS. MOLD ALSO HAS BEEN REPORTED TO CALISE EXTENSIVE
DAMAGE TO PERSONAL AND REAL PROPERTY. MOLD MAY HAVE BEEN REMOVED OR COVERED IN THE
COURSE OF CLEANING, REPAIRING, OR REMEDlATING THE PROPERTY. IF SELLER, OR ANY OF ITS AGENTS
OR REPRESENTATIVES, CLEANED OR REPAIRED THE PROPERTY OR REMEDlATED MOLD
CONTAMINATION, SELLER DOES NOT IN ANY WAY WARRANT ANY SUCH CLEANING, REPAIR WORK, OR
REMEDIATION. BUYER WILL TAKE TITLE TO THE PROPERTY "AS-IS," SUBJECT TO THE PROPERTY
CONDITIONS THAT EXIST AS OF THE CLOSING DATE. BUYER IS FULLY RESPONSIBILITY FOR ALL HAZARDS
THAT MAY RESlILT FROM THE PRESENCE OF MOLD IN OR AROUND THE PROPERTY. BUYER IS SATISFIED
WITH THE CONDITION OF THE PROPERTY NOTWITHSTANDING THE PAST OR PRESENT EXISTENCE OF
MOLD IN OR AROllND THE PROPERTY, AND BlJYER HAS NOT IN ANY WAY, RELIED UPON ANY
REPRESENTATIONS OF SELLER, OR ITS SlJCCESSORS, ASSIGNS, AFFILIATES, DIRECTORS, OFFICERS,
EMPLOYEES, OWNERS, AGENTS, AND REPRESENTATIVES CONCERNING THE PAST OR PRESENT EXISTENCE
OF MOLD IN OR AROUND THE PROPERTY.
Page:2 of 10
Counlt:rprop<lsal to Purchase and Sale Agret:ment 06'JOi08
4. Personal Property. Items of personal property located on the Property are not to be considered as part of the Property and are not
included in the Contract or this Counterproposal. Seller makes no representation or warranty as to the condition of, title to, or
encumbrance of any such personal property. Seller shall have no liability for any clairn or losses Buyer or Buyer's successors or
assigns may incur as a result of any condition or defect that may now or hereafter exist with respect to such personal property. No bill
of sale will be provided at Closing; provided, however, Seller shall provide the minimum documentation necessary to transfer
any mobile or manufactured home located on the Property,
5. Occupied Propertv, In the event the Property is occupied by one or more tenants, Seller makes no representations regarding: (a)
the existence ofa written lease agreement; (b) the teml of such tenancy; (c) whether rent payments are current; (d) the amount of rent
that should be paid; or (e) compliance with rent control, registration, or other Applicable Laws. In addition, Seller does not hold any
security deposits for any tenant and Buyer is solely responsibile to any tenant for the return of any security deposits and any interest
thereon.
6. "AS IS" Condition. Seller conveys and Buyer accepts the Property in "AS IS, WHERE IS" condition at the time of Closing,
including any known or hidden defects. Neither Seller nor any person acting as its agent or representative is making any
warranties or representations, either express or implied, as to the condition of the Property. Buyer hereby releases and agrees
to hold harmless Seller and and its successors, assigns, affiliates, directors, officers, employees, owners, agents, and
representatives from any and all claims or liability with respect to the condition of the Property.
Seller. most specifically, makes no warranty oj' representation as to whether any utility service, including water, sewer, electricity,
gas, and other such service ("Utilities"), serving the Property are public or private.
7. Buver's Rieht to Inspect. Buyer acknowledges Buyer's opportunity to inspect and investigate the Property, either independently
or through agents of Buyer's selection. Any such inspection shall be made at Buyer's own expense and shall be completed within ten
(10) days from the execution of this Counterproposal by Seller. Buyer shall rely solely on Buyer's inspection and review to evaluate
the condition of the Property. Buyer further acknowledges and agrees that Buyer is not relying on any statements or representations
made by Seller or Seller's agents or representatives (including, but not limited to, infonnation disclosed on the MLS) as to the
condition of the Property, including, but not limited to, the condition, structural soundness, and working order of: heating/air
conditioning systems; sewage; roof; foundations; soils; septic systems; plumbing; lot size; suitability of the Property for particular
purposes; appliances; Utilities; and any improvements to the Property. Buyer further acknowledges and agrees that Buyer is not
rely ing on any statements or representations made by Seller or Seller's agents or representatives regarding whether the Property is in
compliance with Applicable Law. Buyer acknowledges that Buyer is responsible for obtaining any inspection reports as to: (a) the
condition of the Property and any appliances, structural components, heating/air conditioning systems, sewage, roof, foundations,
soils, septic systerns, plumbing, and Utilities; (b) suitability for use of the Property; (c) the presence of any toxic or hazardous
substances on the Property, including, but not limited to, radon, asbestos, lead paint, or Mold; (d) any other factors that would render
the Property uninhabitable or dangerous to the health of the occupants; (e) whether the Property is in compliance with Applicable
Law; and (t) any other factors regarding the Property about which Buyer may be concerned. Buyer's failure to inspect the Property
shall not alter or impair the understanding and agreement between Seller and Buyer as set forth in the Contract and this
Counterproposal. No inspections may be made by any building or zoning inspector or government employee without the prior written
consent of Seller.
Page 3 of 10
COUllh:rpropt.haIIO l'urchasc: and SiJlc Agrecm~nl 06:JO/08
If the Property has been winterized and Buyer wishes to de-winterize the Property for the purposes of Buyer's inspections, Buyer must
notifY the listing agent identified below ("Listing Agent"). Only the Listing Agent may arrange for such de-winterization, which will
be conducted at Buyer's sole cost. Under no circumstance shall Buyer de-winterize the Property.
.. ( .
Buyer shall indemnifY and fully protect, defend, and hold Seller, and its successors, assigns, affiliates, directors, officers, employees,
owners, agents, and representatives, harmless from and against any and all claims, liens, loss, damages, and costs and expenses of every
kind and nature (including, but not limited, to attorneys' fees and court costs) that may be sustained by or made against Seller or its
successors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives, or any damage to the Property or to
any adjoining property, or any injury to Buyer or any other persons that may result or arise out of inspections made by Buyer or its
agents prior to Closing.
8. Hazardous Substances. Buyer assumes all risk of loss, damage, or injury that may arise as a result of or that in any way may be
connected with the presence in, on, or about the Property of radon gas, asbestos, mold, or any other toxic or hazardous substance, as
defined by Applicable Law and commonly understood (collectively, "Hazardous Substances"). Buyer, on behalf of Buyer and Buyer's
successors and assigns, fully and forever releases, indernnifies, and discharges Seller and its affiliates and their respective successors,
assigns, directors, officers, employees, owners, agents, contractors, and representatives (collectively, "Seller Indemnified Parties"), and
holds Seller Indemnified Parties hanmless from and against any and all claims, damages, liabilities, losses, demands, private or
governmental causes of action, expenses, or costs (including without limitation court costs, attorneys' fees, costs of governmental
investigation, or costs of environmental remediation), Buyer or Buyer's successors and assigns may suffer or incur as a result of the
presence of Hazardous Substances in, on, or about the Property, whether now or hereafter known. This provision shall survive delivery
of the Deed and the Closing Date.
9. Risk of Loss. Prior to Closing, Seller shall maintain the Property in materially the same condition as of the date of Seller's
execution of this Counterproposal, except for ordinary wear and tear. If prior to Closing the Property is damaged, Seller may make
repairs to restore the Property to the same condition as of the date of Seller's execution of this Counterproposal. If Seller, in its sole
discretion, elects not to repair the Property, Buyer may: (a) accept the Property in its damaged condition; (b) re-negotiate the Purchase
Price; or (c) terminate the Contract and this Counterproposal, in which case the Earnest Money will be returned to Buyer as Buyer's
sole and exclusive remedy.
UNDER NO CIRCUMSTANCES SHALL ANY INSURANCE PROCEEDS PAID TO SELLER WITH REGARD TO ANY
DAMAGE TOTHE PROPERTY THAT OCCURS PRIOR TO CLOSING BE ASSIGNEDOR PAYABLE TO BUYER.
Upon Closing, Seller shall be relieved of all responsibility and liability for maintaining hazard or flood insurance on the Property. All
such insurance policies shall be terminated by Seller immediately upon Closing, and Buyer will be responsible for obtaining any such
insurance as well as any title insurance required by Buyer's lender prior to Closing.
10. Purchase Price (Initial applicable sections; non-applicable sections should be marked "N/ A").
1..\ Ill}; T'Uw 5FE. ~ .
D ~ A. CASH: The Purchase Price will be paid in the form ofQW'Verification of funds required to close shall
be provided to Seller by Buyer upon delivery of a fully executed copy of this Counterproposal. Ifthe Closing does not take place
on the Closing Date due to Buyer's failure to provide cash at the Closing or due to any other related reasons, including, but not
limited to, Buyer's decision to obtain lender financing, both Buyer and Seller agree that the Earnest Money shall be immediately
i cleased to Seller as liquidated damages as provided in paragraph 19 below.
~/\~ B. LENDER FINANCING: Buyer may obtain financing from the lender of Buyer's choice. Within
seventy-two (72) hours of execution of this Counterproposal by Buyer, Buyer will either apply for financing or provide evidence
satifactory to Seller that a lender has pre-approved Buyer for financing. Proof of lender's unconditional commitment to lend must
Page 4 of 10
Counterproposal to Purchase and Sale Agreement 06/30/08
be provided to Seller with days of execution of this Counterproposal. Except as otherwise provided in this
Counterproposal and to the extent not restricted due to financing insured by a governmental agency, Buyer shall pay for any and
all costs associated with the loan application process, including, but not limited, to any application fee, appraisal fee, and credit
report fee.
II. Survey and Other Costs. Buyer will be solely responsible for obtaining, at Buyer's expense, a survey acceptable to the title
company or closing agent and any lender. In the event Seller is required to provide extended survey coverage, as may be normal and
customary, Seller will not be required to do so if such a required survey has not been so obtained by Buyer.
Buyer shall be responsible for paying all other costs and expenses (including, but limited to, the fees of Buyer's attorney) associated
with the Closing and not specitically required to be paid by Seller by this Counter Proposal.
12. Settlement/Closine. The Closing shall be conducted in the office of the Closing Agent or at a place designated and approved by
Seller. However, Buyer may choose to purchase title insurance from a different title insurance provider ("Buyer's title insurance
provider") at Buyer's sole expense, as provided in pargraph 15 below. Closing shall occur on or before the Closing Date and the
Buyer shall make every effort to meet this deadline. ~lIlft the ClssiRg nttHeI ~e3'8HeI the C18!liHg Date thr8H~h 118 fult llf
S-.II..." S,.HVl .,11(.11 h~ ~..l;U'J;:d tv a $ 1SEI h,.", fv, ~4n..J. daJ' tin.. CIU03;uf; ;'" ~u ~Ah;;..<J~d. Any agreement by Seller to
extend the Closing Date must be in writing. Notwithstanding the foregoing, if the Closing does not take place on the Closing
Date due to any failure of Buyer, Seller retains the I"ight to terminate the Contract and this Counterproposal and pursue the
remedies contained in the Contract and this Counterproposal. The Transaction may not close in escrow without the prior written
consent of Seller.
]3. Neeative Sale Proceeds. If unforeseen judgments, liens, assessments, HOA Assessments, or other such encumbrances result in
negative sales proceeds to Seller, Seller reserves the right to terminate the Contract and this Counterproposal and return the Earnest
Money to Buyer as Buyer's sole and exclusive remedy.
] 4. Prorations at Closine. All taxes; condominium, planned unit development, or similar community homeowners' association dues
and assessments ("HOA assessements"); and Utilities charges shall be prorated to the Closing.
Tax prorations shall be based on one hundred percent (] 00%) of the last available tax bill or upon the local tax assessor's latest
valuation of the Property and the current tax rate. Any special assessments that constitute a lien on the Property as of the Closing Date
and are payable in installments shall be prorated to the Closing Date and any installments due after the actual date of Closing shall be
paid by Buyer. In no event shall Seller be responsible for the payment of any unlevied assessment pending as of the actual date of
Closing.
HOA assessments shall be based on the assessment rate in effect as of the actual date of Closing. Any special assessments levied and
payable in installments shall be prorated to the Closing Date and any installments due after the actual date of Closing shall be paid by
Buyer. [n no event shall Seller be responsible for the payment of any unlevied assessment pending as of the actual date of Closing.
SELLER WILL NOT BE RESPONSIBLE FOR ANY ADJllSTMENT OF SETTLEMENT CHARGES, INCLlIDlNG, BUT
NOT LIMITED TO, TAXES OR HOA ASSESSMENTS AFTER CLOSING.
] 5. Lender-ReQuired Repairs. Should any lender, insuring entity, or governmental agency require that certain repairs be made to
the Property or that certain other conditions be met, Seller, in its sole discretion, may comply with such requirements or terminate the
Contract and this Counterproposal. Further, should any FHA Conditional Commitment or V A Certificate of Reasonable Value vary
from the Purchase Price. Seller. in its sole discretion, may terminate the Contract and this Counterproposal. rf Seller elects not to
terminate the Contract and this Counterproposal pursuant to this paragraph, Seller's responsibility for any repairs required by Buyer
as a result of inspection by Buyer, by a lender,or as a condition set forth in an FHA Conditional Commitment or V A Certificate of
Reasonable Value shall not exceed $_~___, inclusive of termite repairs ("Repair Limit Amount"). and Buyer shall be solely
Page 5 of 10
Count~rpruposallO PurchajlO: and Sale Agreement 06,30:08
responsible for any amounts exceeding the Repair Limit Amount without any reduction in the Purchase Price. If Seller elects to
terminate the Contract and this Counterproposal, Seller will return the Earnest Money to Buyer as Buyer's sole and exclusive remedy
16. Condition and Conveyance of Title. Seller shall deliver insurable title and pay for Buyer's owner's policy of title insurance
from the title insurance provider chosen by Seller and indicated below. However, Buyer may choose to purchase title insurance
from Buyer's title insurance provider, indicated below, at Buyer's sole expense. In the event Buyer chooses to obtain an owner's
policy and/or title exam from the title insurance provider of Buyer's choice, Buyer shall order the same within three (3) days of Seller's
execution of this Counterproposal; if Buyer fails to do so, all objections to title shall be deemed waived Seller shall not be
responsible for any "gap" title insurance coverage and will not in any event provide an affidavit of title or other similar documents in
which Seller is requested to make representations or warranties with respect to title to the Property.
If Seller is unable to provide insurable title, convey the Property, or to deliver possession of the Property as provided in the Contract
and this Counterproposal, or if at the time of the delivery of the Deed does not conform with the provisions of the Contract and this
Counterproposal, Seller shall bear any nominal expense and use reasonable efforts to remove any defects in title or to conveyor deliver
the Property as so provided, but is under no obligation to use extraordinary measures or to bring any actions or proceedings in order to
do so. If Seller is unable to so remove any defects in title or to conveyor deliver the Property as so provided within ten (10) days after
Closing, (a) the Contract and this Counterproposal shall terminate and Seller will return the Earnest Money to Buyer as Buyer's sole
and exclusive remedy, or (b) Buyer may, by written notice on or before the Closing, waive any objections to Seller's inability to so
remove any defects in title or to conveyor deliver the Property as so provided. For purposes of this paragraph Seller shall be
deemed to be able to convey insurable title to Buyer if a reputable title insurance company will underwrite a title insurance
policy insuring that title to the Property will vest in Buyer as ofthe Closing.
Xi... Seller Buyer to provide title insu ranee
Seller's title insurance provider:
CYP(U:.55 LA 1<- 6 IITLt Sf f2vlCES I LLC-
Buyer's title insurance provider:
Phone:?)] J.fj(,- q~/5 Fax 7;)7 Lf'lIc-q~/6
IV/A
Phone: N IA
.
Fax ;V/A-
17. Occupancy of the Property. Under no circumstances will Buyer be allowed to occupy the Property prior to Closing. In the
event Buyer violates this prohibition, Seller will avail itself of all legal remedies. In the event Buyer alters or occupies, or permits any
other person to alter or occupy, the Property prior to Closing, Buyer shall be in material default under the Contract and this
Counterproposal, in which case Buyer shall forfeit the Earnest Money and any rights to the Property, however altered. Any access to
the Property prior to Closing is prohibited unless accompanied by Seller or Seller's agent or unless otherwise agreed to in writing by
Seller.
18. Taxes.
A. Sell,,'~ Ri~ht t" C""tc.:lt Tnt". Seller 3kall ha.e the tlrlre3trietea ri~t ta eal'\te3t the M'latil'\t af ar eeliglltiel'\ Ie I'a) al'\Y
as ':aler91fl F@a) Elf 138fsraRBI fJfsJ3epty tanes, real sr f3erS8Ral "f6f316~ M3eJ3me"t3, ef I IDA. 1\33'33'1"'I.t3 (Golkfvtl",-I],
"Cel'lte3ted Taxe3"), reI aft) I'eriea reI "hieh an} COlltellcd T!I?<e3 ale 11:BeHCd 01 "vied (a "T~ Peliod") th'/lt"ineh.d,,~ VI
'. f.-lGeedo the !l(;tl1al aate of the Clelift~ (the "Cloli..~ Tax Pel iod"). Seller B.Il} Mulot the COhte3ted T!I?<G3 b; 41,; jl1dicial,
RtbWfli3trativ8, Sf ather f'feSS33 that gsller ek663e3 in it.] 35ft di36reti61l. If fcql1CJtcd e) SGII'l, Do}'! .\Ilull jO:1I ;11 UU]
~(.'cai"!, t~ G~"tG3t tilt COI.tC..\tCd. Tl1?{G! to tit' ,xt"..t 1.'''''\"t.:!.....UI] tv 1-'\"tIUla S"Il",. tv ""^,",l"":;:)\.' :l;;, .;5111.;l "ud"". Lil,!;; CUlIllCJ\."l
and thi3 C~t1nt~l pI6p5JaJ. Sclltr 3hllll hayt l13 dtlt) 16 eo"tt.1t tl.t C61.tt3tGd Tl1X'! lUld lhfi) d;.:JIII;!!, ~""ttl"", VI vtln.... "';;3'-'
Ni!lelve !lRY R'latter reliltiRg te CBRtestea 'f8l'leS iR ','''Rattwer ll'IaRPler 51' tiPlder aft) tel"l.3 Seller e1eetl il'l it ",ok di3GlCtioIl.
Page ( of 10
Countt::rprort)sal to Purchast= and Sale AhlTt:emenl 06/30108
~. EAtitllll4lllAt t9 KlIfllnd .1 R~' f<:f.iJRd of CORte.telJ Taxeli for tbr;> CIOliillg TilX PeriQd or ilrl)' prior nx Period liball be paid
tv SI.II"., hud Buy'-' 1,(;1 ~b) ilT~ .oGabl) !tJJigt'lJ Ie Seller 8AY Fight, title or if!lerest it R'Ia)' Rave if! aRY rllfllREI sf COAtesteEl
llax,! fOl all 3M" Tax Peri6aJ. If ref!1:IeJl6a 8)' geller, B1:l)'er shall eJleel:lte wRatever eRSarSilR'l8Ats 8r otRer aeel:lR'leAts tRRt
I\lIB)' 86 R88essBf)' tEl aee8R'1jllish tRe reR:tREI afsl:Ieh CSRtesteEl T&Ne3 ts geller. Pr6viaea, "e..e.Gr, nor.,itlutal,dihg /'tllytl,ing
iA the C61ltraet 8r this Ca1:llltel'l'rssal ta the ealltF8FY, 8elleF SRBlIll6t 8e elltitles te BA)' reR:tRa ef C6Atestea Tltl<es thllt i:r
<ittriel:ltaele 5alel)' ta aA)' eRaAge iR lalls ysage eF aWReFBRi" eftRe Prejl8Fly eeel:lrriRg SA Sf aflef CI6!illg, all 6f ..hich )Ihalt
Be paia B) 81:1) sr.
19. Default. In the event Buyer defaults in the performance ofthe Contract or this Counterproposal, the Earnest Money shall
be paid to Seller as liquidated damages for, among other things, the additional cost of carrying the Property and lost
marketing time, both of which Buyer and Seller acknowledge and agree are difficult to calculate. Said liquidated damages shall
not be construed or deemed to constitute a penalty and the right given to Seller to retain the Earnest Money shall not constitute Seller's
sole and exclusive remedy. In the event item A in paragraph 10 above is initialed, Seller is materially relying upon the representation
in said paragraph lOA above to the effect that Buyer will be purchasing the Property as an all-cash transaction without third party
financing. Buyer subsequent election to purchase the Property with third-party financing rather than on an all-cash basis as indicated
above shall constitute a material default under this paragraph
IN THE EVENT SELLER DEFAUL TS IN THE PERFORMANCE OF THE CONTRACT AND THIS
COUNTERPROPOSAL, BUYER SHALL BE ENTITLED TO A RETURN OF THE EARNEST MONEY AS BUYER'S
SOLE AND EXCLUSIVE REMEDY.
20. Installation of New Locks and Transfer of Utilities. Buyer shall be responsible for the installation of new locks and the transfer
of all Utilities on the Property immediately after the Closing, and Buyer shall hold harmless and indemnifY Seller and its successors,
assigns, affiliates, directors, officers, employees, owners, agents, and representatives from and against any and all damages, claims,
liens, losses liabilities, costs, injuries, attorney fees and expenses of every kind and nature that may be made against Seller and its
successors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives as a result of Buyer's failure to install
new locks or transfer all Utilities on the Property. Buyer will have all Utilities and homeowners' services, as well as any HOA
Assessements, transferred into Buyer's name no later than the first (I SI) business day following Closing. Buyer also will be responsible
for payment of any Utilities charges or HOA Assessments incurred after Closing and for ensuring that any Utilities or homeowners'
service, including HOA Assessernents, in the name of Seller or the Listing Broker indicated below is transferred entirely into Buyer's
name.
21. Assil?:nabilitv. Buyer may not assign or transfer the Contract or this Counterproposal without Seller's written approval. Seller may
assign or transfer the Contract and this Counterproposal without Buyer's approval
22 .J>.l'f'fo~rmance. The acceptance of the Deed by Buyer shall be deemed to be a full performance by Seller under the Contract
a..ll this Counterproposal.
Pa,}. ., "J
Counterproposal to Purchase and Sale Agreement 06130/08
23. Real Estate Broker Commissions. The total commission payable by Seller pursuant to the Transaction shall be ~% of the
gross Purchase Price. 'nle closing agent is authorized and directed to pay said commission from the sale proceeds at Closing as per the
tenns of the Commission Breakdown Foml to be provided by Seller. No real estate broker commissions shall be paid unless the
Closing occurs and title to the Property passes to Buyer.
24. Additional Provisions. Buyer and Seller approve and accept this Counterproposal and acknowledge and agree that this
Counterproposal is a legally binding agreement and is made part of the Contract in like manner as if it were directly set forth therein.
All other terms and conditions of the proposed Contract shall remain the same. The terms of the Contract and this Counterproposal
shall survive the Closing.
25. Attachments. Any attachernent or addendum to this Counterproposal hereby is incorporated into this Counterproposal for all
purposes by this reference. Attachment: Lead Based Paint Disclosure Addendum.
26. This counterproposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the
offering pal1y to this document received notice of such acceptance on or before ortu:..V 17; :1.0t:>Cf.
S E IE. 5 EPA '?A TE <; I6-N A'/1.,;f! E)J It- C:r &
BllYER
Date:
SELLER
Date:
BUYER
Date:
Page i' ~f 10
COUnfcrpropo-.lll to Purchase find Sale :\brreemCI11 06nO,08
Project: Neighborhood Stabilization Program
Property Address: 2540 50th Ave NE
SUBSTITUTE SIGNATURE PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED1h~1 ~
ATTES : '. ,j .
''"J >-'JO,
DW~ T E. BOCK . Clerk
BOARD OF UNTY COMMISSIONERS
COLLIER NTY, FLORID! _
BY: ~ c::d""~
Donna Fiala, Chairman
. " De u
"..0.'
. ;)'0 . ,,"';
.t'l~ .lJ.~
Approved as to form and
legal sufficiency:
~-0D~
5'L~ r0 \ F<t.rL. () . W-\-t ri't.
Assistant County Attorney
LEAD -BASED PAINT DISCLOSURE
ADDENDUM
Lead Warninl!: Statement
"Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such
property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead
poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence
quotient, behavioral problems, and impaired memory. Lead poisoning also presents a risk to pregnant women. The seller of any
interest in residential real property is required to provide Buyer with any information on lead-based paint hazards from risk
assessments or inspections in the seller's possession and notifY the buyer of any known lead-based paint hazards. A risk assessment or
inspection for possible lead-based paint hazards is recommended prior to purchase."
Seller's Disclosure to Buver
Seller acknowledges that Seller has been informed of Seller's obligation. Seller is aware that Federal laws require Seller to permit
Buyer a ten (10) calendar day period to conduct risk assessment or inspection for the presence of lead-based paint hazards before
becoming obligated undcr a contract to purchase target housing (unless mutually agreed otherwise in writing). That opportunity will be
provided within the ten (10) calendar day period immediately following Seller's tinal execution of the Contract and this
Counterproposal. Seller is aware that Seller must retain a copy of this disclosure for not less than three years from the Closing.
A. Presence of lead-based paint and/or lead-based paint hazards (check one box below):
o Seller has no knowledge of any lead-based paint and/or lead-based paint hazards present in the Property.
o Seller has knowledge oflead-based paint and/or lead-based paint hazards present in the Property (explain)
N/A
B. Records and reports available to Seller (check one box below):
o Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the Property.
o Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based
paint hazards in the Property (list documents below):
N/A
Buver's Acknowledl!:ment
C. Buyer has read the Lead Warning Statement above and understands its contents.
D. Buyer has received copies of all information, including any records and reports listed by Seller above.
E. Buyer has received the pamphlet "Protect Your Family From Lead in Your Home."
F. Buyer acknowledges federal law requi res that before a buyer is obligated under any contract to buy and sell real
estate, Seller shall permit Buyer a ten (10) calendar day period (unless the parties mutually agree, in writing, upon a
different period of time) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-
based paint hazards.
G. Buyer, after having reviewed the contents of this Addendum, and any records and reports listed by Seller, has elected
to (check one box below):
o Obtain a risk assessment or an inspection of the Property for the presence of lead-based paint and/or lead-based
~t hazards. within the time limit and under the terms of the Contract and this Counterproposal, or
~ Waive the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or
lead-based paint hazards.
Page 9 of 10
Countcrpropo~al to Purchase and Sak.- A1=-l'fccmcnt 06..30.-08
Real Estate Licensee's Acknowlede:ment
Each real estate licensee signi ng below acknowledges receipt of the above Seller's Disclosure to Buyer, has informed Seller of Seller's
Obligations, and is aware of licensee's responsibility to ensure compliance.
Certification of Accuracy
I certi ty that the statement f have made are accurate to the best of my knowledge.
SELLER
Date
BIJYER
SE E s,' E3 PJJ PATE <;;/ (;~ A TL- j?~- rp A 6 t:::
Date
Seller's (Listing) Agent
Date
Pw~,., I!) (I f i 0
C outlterproposal to Pure hase Ilnd Sate '\~'Tcement 06,nO/OR
Project: Neighborhood Stabilization Program
Property Address: 2540 50th Ave NE
SUBSTITUTE SIGNATURE PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
ASTO PURCHASER:
DATED .. ffl <<i>;,dCd?
ATT~st~"r,') .' .
..,1,' '. .-'"}
oW T E. CK, Clerk
~ ," /.0 P ty
~I-""
.t' ....
Approved as to form and
legal sufficiency:
~-e10~
::} 'i. /lJI\h r~ ~ r3, vJ N I "T" 'i-
Assistant County Attorney
BOARD OF OUNTY COMMISSIONERS
COLLIER UNTY, FL~A _
BY: ~ ~.~
Donna Fiala, Chairman
MEMORANDUM
Date:
July 22, 2009
To:
Marlene McLaughlin, Property Acquisition Specialist
Real Estate Services
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Addendum to Purchase Agreem.ent: 2540 50th Ave. NE
Attached please find the original (Agenda Item #10F), as referenced above
and approved by the Board of County Commissioners on Tuesday, March 24,
2009.
Please return document to the Minutes and Records Department
to be retained for the public record.
If you should have any questions, please call me at 252-7240.
Thank you.
\" '.:
ORIGINAL DOCUNlENfS CHECKLIST & ROUTING SLIP
. TO ACCO.MPANY ALL. ORIGINAL DOCU1\1ENTS SENT TO
. TEE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
. Prim on pink pll{ler. Att:1cb. to origi=! doc=ent. Origin;ll dOOlm"'l1C, iliould be !land d.e.livered co rite Board Offic::.. Thecomplcted roucing !lip md original
~~,., are to be. furw:trded to the Board. Office only at'ter the BoaId has m.b::n. action. OIl rbe item.) .
. . . ROUTING SLIP
.ComPlete routing Jina IJl tfIrongb. #4 a.:l ~ fur arlrliri()rt.( n~ d.at.e:, and/or in[=arion needed..lf rite ~i.:J airt::ldy complc:tJ: widt the
den a{tfu: ('rn.irm='.s . draw it line rbron roa.tin linef #1 throu #4, complete tfu: d1eck.fi.st; and forward to SU~ Fi1son (line #5).
Route to Addressee(s) . Offi~ Initials Date
(!i.st in routin ordt:r).:", _ .
L
2.
3.
.;. .'
4.
5. Soo F'wen1~ Exccntivc Mm-a~r Board of County Commissioners
..:I:dn lnt1z:hdl /3(!GOf6:Su ~v.~,- . .
6. Minutes and Records Oerk of Court's Office
PRIM:AR.Y CONTACT INFORMATION
(The primary COI1CI.Ct i.:J the holder of du: original c1ocl=t pc::nding Bee approV1l1. Narri:talIy the primary COl1C1Cl: is lhe p<=son who =.tcd/pr1:pared du: executive
mmma.ry. Prizmuy contaa ia:fom:uuiOI1 is nccdcd in the event one of the :uid.l:== above, including Sue Filson. need. to cpnc:u:t sraff fer additicmal or missing
infonc.a.tiOll. All origin:U documents needing rbc Bee O1a.irm:ul'! rig:n.a.turl: = to be dcf.iven:d to du: Bee office only :Jfu:r the Bee ha.t acted to approve the
ilem.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCe
Type of Document
Attached
Phone Number
- ~.~.8crJl
loF
Agenda Item Number
41L-
INSTRUCTIONS & CHECKLIST
.Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is
~
1.. Original document has been signcdl'miti.a!ed for legal sUfficiency. (All documents to be
signed by tho. Ch~ with the exception of most letters; muse be reviewed and signed
liy the Office of the County Ar:rDmcy. This includes signatui;e pages from ordin.ance:s,
resolutions. etc. signed by the Co~cy A.t:to1:rJr:y's Office and signature pages from
contracts, agreements. etc. tf1a.t have been fnIIy executed by all parties except the Bee
01airman and Clerk to the Board and ssibl State Officials.)
2. All handwritten.strike-through and revisions have been initialed by tho County 4ttomey,'s
Office and all other arties e t the BCe Chai:r.man and the Oerk to the Board
3. The Chainpan's signature 1ine date has been.:ntered as the date ofBCe approval of the
document or the final ne tia.ted contract date whichever is a licable.
4. "Sign here" tabs arc placai on the appropriate page3 indiC3!ing where the Ch.airman's
si' and initials are r
5. In ri:1ost cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue FUson in the Bee office within 24 hours ofBCC approval.
Some docur:nent.s are time sCllSitive and require forwarding to Ta.1laha.ssec within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document: was approved by the BCC aD (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coan Attorn's Office has reviewed the es. .if a lioble.
Yes
(Inidal)
N/A(Nac
licable)
...~
fJA
.-.
!: F'orrmI Counry Rmm/ Bee Fon:m:I Origimll D=a RDnring Slip WWS Origina19.03.04. Ri::viserl 1.26.05. Rcvi3oc1 2.24.05