As Is Contract for Sale and Purchase #1
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR
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l' PARTIES; ~e7JT-1>lneb ~Oll. iJ LoQJf /92e-rno"J7 &/Y1{? U;~/J 7~-J/5 7 200ct -./) ("Seller"),
2* and COLLIER COUNTY, a political subdivision of the State of Florida ("Buyer"),
hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property")
pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"):
I. DESCRIPTION: ;.) Q
(a) egal descripti n of the Real Property loca~d in COLLIER County, FloridaM7 2 ~ f.:)L/( 2 tE"
-ff-7G '-<J I ' F"l
(b) Street address, city, zip, ot the Property: 'LFJCe 5W L //
(c) Personal Property includes existing rangers), retrigerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window treatment(s) unless
specifically excluded below,
Other items included are: Not applicable
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Items of Personal Property (and leased items, if any) excluded are: Not applicable
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N/A
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15* II. PURCHASE PRICE (U.S. currency): _ . . _ . _ . . . . . . . . . . _ . . . . _ . . , ' . . _ . . . , . . _ _ . . . _ . . . _ _ . . . . . . . . .
16 PAYMENT:
17* (a) Deposit held in escrow by STEWART TITLE ("Escrow Agent") in the amount of (checks subject to clearance)
18* Escrow Agent's address: 3936 Tamiami Trail N., Sl.. A, Naples, FL 34103 Phone: 239-262-2163
19* (b) Additional escrow deposit to be made to Escrow Agent within -DLa.. days after Effective Date in the amount of. . . ,
20> (c) Financing in the amount of ("Loan Amount") see Paragraph IV below. . . . . ' . . . . _ . . . . . . . . . . . , ' . _ . . . . . . .
21 * (d) Other . , . . . . _ . . . . . . . .. . _ . . . . . . . . . . . . _ . , _ , . _ _ , , . . . _ . . . _ . . . . . . . . . . . _ , _ , , . . , . . . .
~~* ~:) ~~:~~e~~sc:s;r~;a~~~:'. ~:~ _t~a~~fe: ~r .~~~~.L.L~. ~~w.~ c~~h:er'~. or O~~.~I.b~~~ Chec~(.S~'. ~~bj~t . . . . . . . . . . . . . . . . . $ 'l ~I tJ tJ 0
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 10 days from counteroffer , 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 Contraci, then the "Effective Date" shall be the date determined above for
30 acceptance of this offer or, if applicable, the final counteroffer.#'Deposit due within 10 days of Effective date.
31 IV. FINANCING: Counteroffers included any Addenda submitted after either party signs.
32' ,:xl (a) This is a cash transaction with no contingencies for financing;
33> 0 (b) This Contract is contingent on Buyer obtaining written loan commitment which confirms underwriting loan approval for a loan to purchase
34* the Property ("Loan Approval") within _ days (if blank, then 30 days) after Effective Date ("Loan Approval Date") for (CHECK ONLY
35> ONE): 0 a fixed; 0 an adjustable; or 0 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 will make application within _ days (if blank, then 5 days) after Effective Date.
37 BUYER: Buyer shall use reasonable diligence to: obtain Loan Approval; notify Seller in writing of receipt of Loan Approval by Loan Approval
38 Date; satisfy terms of the Loan Approval; and 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 Seller, Seller's attorney, .
41 real estate licensee(s), and Closing Agent.
42 SELLER: If Buyer does not deliver to Seller written notice of Loan Approval by Loan Approval Date, Seller may thereafter cancel this Contract by
43 delivering written notice ("Seller's Cancellation Notice") to Buyer, but not later than seven (7) days prior to Closing. Seller's Cancellation Notice shall
44 notify Buyer that Buyer has three (3) days to deliver to Seller written notice waiving this Financing contingency, or the Contract'shall be cancelled.
45 . DEPOSIT(S) (for purposes of this Financing Paragraph IV(b) only): If Buyer has used reasonable diligence but does not obtain Loan Approval
46 by Loan Approval Date, and thereafter either party elects to cancel this Contract, the deposit(s) shall be returned to Buyer. If Buyer obtains Loan
47 Approval or waives this Rnancing 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: (i) Seller's failure or refusal to close or Seller otherwise fails to meet the terms of the Contract, or (iQ 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 depcsit(s) shall be
50 returned to Buyer.
51 * 0 (c) Assumption of existing mortgage (see rider for terms); or
52* 0 (d) Purchase money note and mortgage to Seller (see "As Is" Standards Band K and riders; addenda; or special clauses for terms).
53> V. TITLE EVIDENCE: At least _ days (if blank, then 5 days) before Closing a title insurance commitment with legible copies of instruments listed as
54 exceptions attached thereto ("Title Commitment") and, after Closing, an owner's poflcy of title insurance (see Standard A for terms) shall be obtained by
55' (CHECK ONLY ONE): 0 (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or
56' f)l (2) Buyer at Buyer's expense.
5?' (CHECK HERE): ::llf 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 and the closing documents delivered on 45 days from Effective Date ("Closing"), unless
59 modified by other provisions of this Contract. In the event of extreme weather or other conditions or events constituting "force majeure", Closing will be
60 extended a reasonable time until: n) restoration of utilities and other services essential to Closing, and (ii) availability of Hazard, Wind, Flood, or Homeowners'
61* insurance. If such conditions continue more than ~ days (if blank, then 14 days) beyond Closing Date, then either party may cancel this Contract.
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FAR/BAR ASIS-2 Rev. 9/07 @ 2007 Florida Association 01 RCALlOHS' and The Florida Bar All Rights Reserved Page 1 01 5
62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zoning,
63 restrictions, prohibitions and other requirements imposed by go'/ernmental authority; restrictions imd matters appearing on the plat or otherwise
64 common to the subdivision; outstanejing oil, gas and mineral I.ights of record without I.ighl of entrj: unplatted public utility easements of record
65 (located contiguous to real propeliy lines and not more than 10 feet In width as to the rear or front lines and 7 1/2 feet in widrh as to the side
66 lines); taxes for year of Closing and subsequent years; and assumed mortgaQes and purchase money mortgages, if any (if additional Items, see
67* addendum); provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property for NEIGHBORHOOD
68* STABILIZATION PROGRAM purpose(s).
69 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property is intended
70 to be rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to "AS IS" Standard
71 F. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable
72 for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy,
73 IX, TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed pro-
74 visions of this Contract in conflict with them.
75* X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer 0 may assign and thereby be released from any further liability under this Contract; ~ may
76* assign but not be released from liability under this Contract; or iii may not assign this Contract.
77 XI. DISCLOSURES:
78 (a) The Property may be subject to unpaid special assessment Iien(s) imposed by a public body ("public body" does not include a
79 Condominium or Homeowners' Association). Such Iien(s), if any, whether certified, confirmed and ratified, pending, or payable in installments,
80* as of Closing, shall be paid as follows: ~ by Seller at closing 0 by Buyer (it Jeft blank, then Seller at Closing). If the amount of any
81 assessment to be paid by Seller has not been finally determined as of Closing, Seller shall be charged at Closing an amount equal to the
82 last estimate or assessment for the improvement by the public body.
83 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to per-
84 sons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Rorida.
85 Additional information regarding radon or radon testing may be obtained trom your County Public Health unit
86 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information
87 regarding mold, Buyer should contact an appropriate professional.
88 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, F.S.
89 (e) If the Real Property includes pre-1978 residential housing, then a lead-based paint rider is mandatory.
90 (~ If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act.
91 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA-
92 TION/COMMUNITY DISCLOSURE.
93 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT
94 OF PROPERTY TAXES TI-lAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEOUENT TO PURCHASE. A CHANGE OF OWNER-
95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY TH.A.T COULD RESULT IN HIGHER PROPERTY TAXES.
96 IF YOU HAVE ANY OUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMAllON.
97 XII. MAXIMUM REPAIR COSTS: DELETED
98* XIII. HOME WARRANTY: Q Seller 0 Buyer I!!I N/A will pay for a home warranty plan issued by
99" at a cost not to exceed $ U.uu
100" XIV, INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have ~ days from Effective Date ("Inspection Period'1 within
101 which to have such inspections of the Property performed as Buyer shall desire and utilities service shall be made available by the
102 Seller during the Inspection Period,' (b) Buyer shall be responsible for prompt payment for such inspections and repair of damage
103 to and restoration of the Property resulting from such inspections and this proviSion (b) shall survive termination of this Contract,.
104 and (c) if Buyer determines, in Buyer's sole discretion, that the Property is not acceptable to Buyer, Buyer may cancel this Contract
105 by delivering facsimile or written notice of such election to Seller prior to the expiration of the Inspection Period. If Buyer timely
106 cancels this Contract, the deposit(s) paid shall be immediately returned to Buyer; thereupon, Buyer and Seller shall be released of
107 all further obligations under this Contract, except as provided in this Paragraph XIV, Unless Buyer exercises the right to cancel
108 granted herein, Buyer accepts the Property in its present physical condition, subject to any violation 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 lender.
111 xv. RIDERS; ADDENDA; SPECIAL CLAUSES; CHECK those riders which are applicable AND are attached to and made part of this Contract:
112* 0 CONDOMINIUM 0 VNFHA 0 HOMEOWNERS' ASSN. G:l LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE
113" 0 INSULATION 0 EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) 0 Other Comprehensive Rider Provisions 0 Addenda
114* SpeCial Clause(s): SELLER AGREES TO EXECUTE BUYER'S FORMS GAP AFFIDAVIT, PUBLIC DISCLOSURE
115* AFFIDAVIT, SPECIAL WARRANTY DEED AND SUBSTITUTE W-9. SELLER WILL DELIVER THE COMPLETED AND
116* SIGNED W-9 TO BUYER SIMULTANEOUSLY WITH THE SIGNED CONTRACT.
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SELLER WARRANTS PROPERTY IS VACANT AND SHALL REMAIN SO THROUGH CLOSING TO COMPL Y WITH THE REQUIREMENTS OF THE
NEIGHBORHOOD STABILIZATION PROGRAM.
STANDARDS S, F AND Y ARE DELETED. DUE TO BUYER BEING A COUNTY GOVERNMENTAL ENTITY WITH SPECIFIC GUIDELINES AND
PROCEDURES, SELLER ACKNOWLEDGES THAT STANDARD S IS HEREBY DELETED.
126 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards); Buyer and Seller acknowledge receipt of a copy
127 of "AS IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract.
FAR/BAR ASIS-2 Rev 9/07 @ 2007 Florida Association of RfAL10RS" and The Florida Bar All Rights Reserved Page 2 of 5
128 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
1 :29 SEEK THE ADVICE OF AN ATIORNEY PRIOR TO SIGNING.
130 THIS "AS IS" FORM HAS Br=EN /\PPROVED BY THE FLORiDA /\SSOCIATION OF ,PEi\I_TORS" f\ND THE FLORIDA BAR.
131 Approval does not constitute an opir,iOll that any of the terms and conditions in this Contr3r:1 Sllould be ar:cepted by ille parties in a
132 particular transaction. Terms and condiLons should be negotiated based upon Ihe respective interests, objectives and bargaining
133 positions of all interesled persons.
134 AN ASTERISK(') FOLWWING A LINE NUMBER IN THE MARGIN Ir--IDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED.
135" "SEE SIGNATURE BLOCK BELOW
136 (B~ D~
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138 (BUYER) (DATE)
139" Buyers' address for purposes of notice Real Properly Manaqe
140' 3301 Tamiami Trail East, Bldq, W, Naples, FL
141" (239) 252-8991 Phone Phone
142 BROKERS: The brokers (including cooperating brokers, if any) named below are the only brokers entitled to compensation in connection with
1 43 this Contract;
144" Name:
145
(SELLER)
(OA TE)
(SELLER)
Sellers' address for purposes of notice
(OATE)
Cooperating Brokers, if any
Listing Broker
BUYER:
ATTEST' 'i\" . ...~. .;. ,"
. .' . ..,,1'.
DWIGHT<( BROCK, Cz,ierK.}
. c~. ",-i "ft ~ \ "\',
I . ~':o ..
.
Approved as to form and
legal sufficiency:
~-6 U~
Q.p4: County Attorney
PROPERTY ADDRESS:
4814 30th Place SW
Naples, FL 34116
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
A. TITLE INSURANCE: The Tille Commllment shall be Issued by a Florida licensed IlIle Insurer agreeing 10 Issue Buyer, upon recording of the deed to Buyer,
an owner's policy of title Insurance ,n the i!rr,Qunl of the purchase price, insunng Buyer's marketab:e Iltie to tile Real ,Droperty, subject only Ic matters contained
in ParZlgraph VII 3nd Ihose to be discharged by Seller at or tJefore ClOSing, Marketable litle shall be cleterminec! according 10 applicable T,!ie StZlndards adopt-
ed by aulhonty of The Florida BZlr and II) 3ccordance Wltll lilW Buyer shall have 5 days from date of receiving Ihe Title Commilment to examine it, and if title is
found defective. notify Seller In writing speCifying defect(s) which render Iltle unmarketable Seller Shilll hilve 30 dilYS from recelpl of notice to remove the
defects, falling which Buyer shall, wltrlin 5 days aMer expiration of the 30 day period, deliver written nolice to Seller either: (1) extending rhe time for a reason-
able period not to exceed 120 days Within which Seller shall use diligent effort to remove the defects: or (2) requesting a refund of deposll(s) paid which shall
be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed 10 have accepted the title as It then IS. Seller shall, If title is found unmarketable,
use diligent effort to correct defect(s) within the lime provided. If, after diligent effort, Seller is unable to timely correcl the defects, Buyer shall either waive the
defects, or receive a refund of deposlt(s), thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller is to provide the Tille
Commitment and it is delivered to Buyer less than 5 days prior 10 Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date ot receipt
to examine same in accordance With this "AS IS" Standard.
B. PURCHASE MONEY MORTGAGE,
SECURITY AGREEMENT TO SELLER:
Lines 159-168 DELETED
C, SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certi-
fied by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback
lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect.
0, WOOD DESTROYING ORGANISMS: DELETED
E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described
in Paraqraph VII hereof and title to the Real Prooertv is in':llrrlhle in accordance with "AS IS" Strlnrlrlrrl A without exception for lack of legal right of access.
F. LEASES: Lines 175-179 DELETED
G. LIENS: Seller shall furnish to Buyer al time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement,
claims of lien or potentiallienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property tor 90 days imme-
diately preceding date ot Closing. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction
liens executed by all general contractors, subcontractors, suppliers and mate'ialmen in addition to Seller's lien affidavit setting forth the names ot all such gen-
eral contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a
construction lien or a claim for damages have been paid or will be paid at the Closing of this Contract.
H. PLACE OF CLOSING: Closing shall be held at the office of the attorney or other closing agent ("Closing
Agent") designa1ed by the party paying for title Insurance,
I. TIME: Calendar days shall be used in computing time periods except periods of less than six (6) days, in which event Saturdays, Sundays and state or nation-
allegal holidays shall be excluded. My time periods provided for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend 10 5:00 p_m. of the
next business day. Trme is of the essence in this Contract.
J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill ot sale, certificate of title, construction lien affidavit, owner's possession affidavit, assignments of leas-
es, tenant and mortgagee estoppel letters and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement and finandng statements.
K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller, All costs of Buyer's loan (whether obtained
from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed,
mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer.
Unless otherwise provided by law or rider to this Contract, charges for related closing services, title search, and closing fees (including preparation of closing
statement), shal be paid by the party responsible for turnishing the title evidence in accordance with Paragraph V.
L PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day betore Closing.
Buyer shall have the option at taking over existing policies of insurance, it assumable, in which event premiums shall be prorated. Cash at Closing shall be
increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing. Advance
rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current
year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's mill-
age is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assess-
ment is not availabte, 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,
which improvements were not in existence on January 1 st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assess-
ment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking into
account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current year's tax bill.
M. (RESERVED - purposely left blank)
N, INSPECTION AND REPAIR: DELETED
O. RISK OF LOSS: If, after the Effective Date, the Property is damaged by fire or other casualty ("Casualty Loss") before Closing and cost of restoration (whiCh
shall include the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase Price, cost of restoration shall be an obligation of Seller and
Closing shall proceed pursuant 10 the terms of this Contract, and it restoration is not completed as of Closing, restoration costs will be escrowed at Closing. If
the cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall either take the Property as is, together with the 1.5% or receive a refund of deposit(s)
thereby releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation with respect to tree damage by casually or other natu-
ral occurrence shall be the cost of pruning or removal.
P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds, If the title agent insures adverse matters pursuant to Section 627.7841,
FS., as amended. the escrow and closing procedure required by thiS "AS IS" Standard shall be waived. Unless waived as sel forth above the following
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
clOSing proce<jures shall apply, (1) all clOSing proceeds sllall be Ileld III C'zrow by tho Closing A(Jeni lor a period of Ilot more than 5 dilYs after ClOSing: (2)
If Seller's IllIe IS rendered unmarketiJlJle, through no fault 01 Buyer, Buyer shall, witl'lIn Ihe 5 day period, notify Seller In wrding of the defect and Seller shall
have 30 days from dale 01 receipt of such notification to cure tho defect; (:J) If Seller foils 10 Ilmel'l curo the defoct, all deposits and clOSing funds shall, upon
written demand by Buyer and wIthin 5 days after demand, be returned to Buyer and, simultaneously wiltl such repayment, Buyer shall return Ihe Personal
Property, vacate the Real Propeny and reconvey the Property to Seller by speCial warranty deed and bill of sale: ond (4) If Buyer fails to make timely demand
for refund, Buyer shall take title as IS, waiving all rights against Seller as to any intervening defect except 3S fTlay be available 10 Buyer by virtue of war-
ranties contained in the deed or bill of sale.
Q. ESCROW: Any Closing Agent or escrow agent (collectively "Agent") receiving funds or equivalent is authOrized and agrees by acceptance of them to deposit
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
clear shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of thiS Contract, Agent may, at Agent's option, con-
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
determine the rights of the parties, or Agent may depOSit same With the clerk of the circuit court haVing jurisdiction of the dispute, An attorney who represents
a party and also acts as Agent may represent sLlch party In such action. Upon notifying all parties concerned of slIch aclion, all liability on the part ot Agent
shall fully terminate. except to the extent of accounting for any items previously delivered out of escrow. If a ticensed real estate broker, Agent will comply with
provisions of Chapter 475, F.8., as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or In
any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and cosls Incurred with these amounts to
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
to any party or person for misdelivery to Buyer or Seller of items subject 10 the escrow, unless such misdelivery is due to willful breach of the provisions of t/lis
Contract or gross negligence of Agent.
R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or Interpretation, arising out of this Contract, the prevailing party in such liti-
gation. which, for purposes of this "AS IS" Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by
Chapter 475, F.S.. as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses.
S. FAILURE OF PERFORMANCE: Lines
241-246 DELETED
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any notice of it shall be recorded in any public records.
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
one gender shall include all. Notice and delivery given by or to the attorney or broker representing any party shall be as effective as it given by or to that party,
All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile or electronic (including "pdf") copy of this
Contract and any signatures hereon shall be considered tor all purposes as an original.
U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or guardian's deed, as
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
request of Buyer, be transterred by an absolute bill of sale with warranty ot title, subject only to such matters as may be otherwise provided for herein.
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No mod-
ification to or change in this Contract shall be valid or binding upon the panies unless in writing and executed by the parties intended to be bound by it.
W. SELLER DISCLOSURE: (1) There are no facts known to Seller'materially affecting the value of the Propeny which are not readily observable by Buyer or
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,
as to the physical condition or history of the Property; (3) Seller has received no written or verbal notice from any governmental entity or agency as
to a currently uncorrected building, environmental or safety code violation; (4) Seller has no knowledge of any repairs or improvements made to the
Property without compliance with governmental regulation which have not been disclosed to Buyer.
X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, including,
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
reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including a walk-through prior to Closing, to confirm that
all items of Personal Property are on the Real Property and that the Property has been maintained as required by this "AS IS" Standard. Seller will assign all
assiqnable repair and treatment contracts and warranties to Buyer at Closing.
Y. 1031 EXCHANGE Lines 267-270 DELETED
contingent upon, nor extended or delayed by, such Exchange.
Z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by law, against any real estate licensee involved
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
Buyer or anyone claiming by, through, under or against the Buyer.
FAR/BAR ASIS-2 Rev. 9/07 (Q 2007 FlOrida Association of RU,LloHs'. and The FlOrida Bar All Rights Reserved Page 5 of 5
T.. . 'm'f." iH .IiJl
6J.. Litton Loan Servicing'
4828 Loop Central Drive, Houston, TX 77081-2228
ADDENDUM TO CONTRACT OF SALE
This addendum ("Addendum") is to be made a part of the Contract of Sale (the "Contract of Sale") dated 8/12/2009
between HSBC Bank USA, National Association, as Trustee un
(the "Seller") and
Collier County
located at 4814 30th Place Sw Naples FL 34116 (the "Property")
(the "Purchaser(s)") for the property
1, Purchaser(s) and Seller both recognize this addendum as part of the Contract of Sale. In the event any provisions of this addendum
conflict in whole or in part with the terms of the contract of sale or any prior addendum or amendment thereto (collectively, the "contracf'),
the provisions of this addendum shall control and supercedes the Contract of Sale.
2, This Contract is subject to acquisition ofthe Property by Seller,
3. This Contract is subject to approval and acceptance by Seller's mortgege insurance compeny and beneficiary, if any,
4, Final acceptance of the contract of sale is subject to Seller's comminee approval.
5. Tltie to the property shall be conveyed by either Special Warranty Deed or Quit Claim Deed, or an equivalent thereof, with covenants
against tha acts of the grantor. If the titie of the property is currently held as leasehold interest, Seller will not transfer into a fee simple
interest.
6. Seller shall pay the cost of an Owner's Title Insurance Policy. Purchaser(s) agree to pay for a mortgage policy, if any, and to pay
respectiva escrow/closing costs per local customary practices. The seller shall select escrow/closing services as well as the settlement
location.
7. CORPORATE DISCLOSURES
Seller acquired the Property either as a result of foreclosure proceedings or by acceptance of a deed in lieu of foreclosure or otherwise and
that the total purchese price set forth in the Contract may reflect deferred maintenance, Accordingly, Seller is not familiar with the condition
of the Property, other than as may by disclosed in the Inspection Report (as hereinafter defined), if any. that has been prepared for the
Property. Purchaser(s) acknowledges that there has been no representation(s) by Seller, or any other person acting as Seller's
representative and/or Purchaser(s)' representative regarding the condition of the Property, any of the appliances or structural components
that may be contained therein, its fitness for general or specific use, or any other matter affecting the Property, If an inspection report has
been obtained by or on behalf of Seller or Seller's representative (the "Inspection Report"), such Inspection Report may be provided to
Purchaser(s) for Purchaser(s)' information only and shall not be deemed a part of the Contract of Sale, If the Inspection Report has been
provided to Purchaser(s). no representetion or warranty is made as to the accuracy and completeness of such report,
Neither Seller nor any person acting as Seller's representative has occupied the Property and neither warrants or represents that the
Property or any alterations or additions which may have been made to the Property conform to local building codes, zoning requirements or
any other applicable taws, rules or regulations,
Purchaser(s) acknowledges that Purchaser(s) has had the opportunity to Inspect. examine and maka a complete review of the Property prior
to the close of escrow of the Contract, Purchaser(s) will rely solely on Purchaser(s)' inspection and review to evaluate the condition of the
Property.
Purchaser(s) hereby acknowledges that seller shall not be providing Purchaser(s) with a Real Estate Transfer Disclosure Statement and/or
a CertifICate of Occupancy with respect to the Property. Purchaser(s) hereby waivas any requirement that Seller fumish Purchaser(s) with
any such disclosure statement and/or a Certificate of Occupancy and hereby releases Saller from any and all liability resulting from the
non-delivery of such disclosure statement and/or a Certificate of Occupancy.
Purchaser(s) acknowledges that it is Purchaser(s)' sole responsibility to obtain Inspection reports by qualified professionals on the
appliances, structural components, and alterations or additions to the Property and to determine the presence of any toxic or hazardous
substances on the Property, including, but not Iimitad to, mold, radon. asbestos and lead paint, that would make it uninhabitable or
dangerous to the health of the occupants or otherwise not in compliance with law, or any other factors regarding the condition of the
Property about which Purchaser(s) may be concemed.
PROPERTY SHALL BE CONVEYED IN "AS-IS" CONDITION AT TIME OF CLOSING. In the event electrical, plumbing, water and/or
heating services are shut down for property preservation or other purposes, Seller will NOT reactivate these systems prior to closing.
Purchaser(s) understands, acknowledges, and agrees that neither seller nor any person acting as seller's representative is making any
warranties or representations, either expressed or implied. as to the condition of the property. The property is being conveyed to
purchaser(s) in its "as is, where is" condition and "with all faults." It is the right and responsibility of the purchaser(s) to inspect the property
and purchaser(s) must satisfy himselflherself as to the condition of the property. SELLER WILL NOT PERMIT ANY REPAIRS PRIOR TO
CLOSING, Seller, Seller's agents and Purchaser(s)' agents and Purchaser(s) shall execute a LEAD BASE PAINT Disclosure Addendum to
Contract of Sale form to be provided by Seller's representative, Purchaser(s) shall also execute at closing a Weiver and Release Regarding
Property Condition and Purchaser(s) hereby acknowledges receipt of a copy thereof.
8. Sale Price is: $71,000.00 with $0.00
Closing agent or Title company approved by Seller shall hold the eamest money in a non-interest bearing account
earnest money.
Purchaser(s) initials:
Date:
Seller(s) initials:
Order / Loan # 40312894
Date:
.,ondum Report
Page 1 of 3
9. This transaction shall be closed through a title company or attorney. Both Seller and Purchaser(s) agree to pay their
respective title/escrow/closing costs per local customary practice. In the cases of a buyer directed state, the buyer has the
option of using the seller's title company, If the buyer chooses to use the seller's title company, seller will pay for the owner's
title policy,
10. This transaction shall be scheduled to close on or before 09/29/2009 . TIME IS OF THE ESSENCE. In the event this
sale/escrow does not close by the scheduled closing date, through flU r\oull ul the Seller, the contract is null and void. In the
event this sale/escrow does not close by the scheduled closing date, through no fault of the Seller, the Purchaser(s) agree to
pay toward seller's carrying costs the greater of $100,00 per day or 1/10th of 1 % of the purchase price per calendar day, The
total of the said sum shall be credited to Seller on the actual date of closing, If the closing is delayed beyond the original
SCheduled closing date, then Seller reserves the right to further extend, or cancel this contract, and consider it null and void
with no further obligation.
11 ,This contract is a Cash Transaction: YES ~or NO C ' If yes, for a cash transaction, verification of funds to close is to be
provided with this addendum to contract of sale, and the earnest money is non-refundable. Should Purchaser seek financing,
contract will be cancelled. OTHER PROVISIONS PURCHASER TO PROVIDE PREQUALlFICATION LETTER WITH THIS
ADDENDUM.
12. The subject asset may have been built prior to 1978. The "Disclosure of Information on Lead Based Paint and Lead
Based Paint Hazards' must be included as part of this contract, By signing this addendum the Purchaser(s) acknowledge that
he/she have received a copy of the EPA manual "Protect Your Family from Lead in Your Home:
13, Seller will not provide financing as a contingency of the contract.
If cash item 14 & 15 N/A.
14. This contract is a Mortgage Financing Transaction YESC or NO C. If yes, the Purchaser(s) are to apply for mortgage
financing within 3 business days of the seller's execution of contract. Purchaser is to furnish the seller a copy of binding written
loan commitment from Purchaser's lender within 21 days from seller's execution of the contract. Loan approval requirements
are to be completed within 10 days for written loan commitment.
Seller agrees to pay up to but not exceed $ for the following items Loan origination fee (not to exceed 1 % of
sales price), Loan discount fee (not to exceed 1 % of Sales Price), Appraisal fee (if not paid outside of closing), Credit Report
Fee (if not paid outside of closing), lender's inspection fee, settlement or closing fee paid by buyer, abstract or title search fee
paid by buyer, recording fees, tax service fee (not to exceed $80,00), Processing fee (not to exceed one Processing Fee), flood
cert fee and document preparation fee, In the event Purchaser(s) fees and expenses are less than the amount stated above,
Purchaser will NOT receive a credit for the balance, nor shall any such excess be applied to other costs incurred by
Purchaser(s) regarding this transaction.
Seller agrees to pay up to but not to exceed $
toward any contract repairs or any lender required repairs.
Seller will pay up to but not exceed $
for any home warranty plans.
15. Seller will pay up to but not exceed $
defined as only Section 1 repairs)
for termite remediation, (For Califomia Assets - termite remediation is
16. Seller is not hereby conveying any personal property other than as provided in the Contract of Sale and makes no
representations or warranties regarding same. Seller shall not provide a Bill of sale for any personal property located on the
premises,
17. Purchaser(s) agrees to indemnify Seller and Seller's representatives and fully protect, defend and hold Seller and Seller's
representatives harmless from and against any and all claims, liens, losses, damages, liabilities, costs, injuries, attorney's fees
and expenses of every kind and nature that may be made against Seller or the Property for any liens on the Property, any
damage to the Property and/or injury to Purchaser(s) or any other persons that may arise from Inspections, repairs,
replacements... Purchaser shall indemnify and fully protect, defend and hold Seller its servicers, representatives, agents,
;lr"rneys and employees harmless from any and all claims, costs, liens loss, damages, attorney's fees and expenses of every
killd and nature, resulting from or arising out of any inspection, repairs, replacements or any other work performed in or upon
the premises by Purchaser or its agents, employees, contractors or assigns,.. In the event any repairs are made at the
premises, or any work or material are added to the premises, or the value of the premises Is enhanced in any way, then in the
event this transaction does not close, all material added to the premises shall become the sole and exclusive property of the
Seller, and Seller shall have no liability to Purchaser or any third party for any such material or work completed.
18. All prorations, including but not limited to, prorations of any and all taxes, fees, utilities, homeowners or condominium
association assessments and dues and any and all other charges against the Property as reflected on the settlement
statement executed by the Seller are final. No adjustments or payments will be made by Seller post closing.
19,. The Purchaser(s) shall not assign its rights under any part of the Contract without Seller's prior written consent.
20, Purchaser(s) shall install new locks on the Property immediately after closing, and purchaser(s) shall hold Seller and Seller'
s r"presentatives harmless from and indemnify Seller and Seller's representatives against any and all damages, claims, liens,
sses, liabilities, costs, injuries, attorneys fees and expenses of every kind and nature that may be made against Seller as a
result of Purchaser(s) failure to install new locks on the Property,
Purchaser(s) initials:
Addendum Report
Date:
Seller(s) initials:
Order / Loan # 40312894
Date:
Page 2 of 3
21. Seller does not agree to provide building permits, It is purchaser(s)' responsibility to confirm building and safety
compliance on the property during the inspection period.
22. ALL INSPECTIONS and remediation from inspections (including but not limited to roof, septic, well, termite, and/or survey)
are to be PURCHASER(S)' expense unless specifically negotiated under other provisions.
23. Purchaser shall take title subject to all existing municipal code and/or ordinance violations, and any lawsuits pending for
enforcement thereof.
24. If Purchaser(s) raises any objections to the quality of Seller's title, and title insurance is available from a reputable title
insurance company at regular rates containing affirmative coverage for the title objections, then the contract shall remain in full
force and Purchaser(s) shall perform pursuant to the terms set forth herein. If affirmative coverage is not obtainable, Seller
shall have a minimum of thirty (30) days from the earlier of the closing date or the date upon which Seller receives a copy of a
title insurance commitment or a title report within which to resolve title exceptions or defects or other title issues which in any
way impede or impair Seller's ability to convey title as required herein. If within such thirty (30) day period, Seller determines
that it is unable or unwilling to resolve such matters then the Purchaser(s) (a) may take title in its then state, thereby waiving
any title objections, or (b) terminate the contract and receive a refund of any deposit as Purchaser(s) sole and exclusive
remedy. Alternatively, in such circumstances Seller may terminate the contract and refund Purchaser(s) deposit, such refund
being Purchaser's exclusive remedy for such termination, In the event Seller fails to resolve such issues within the aforesaid
thirty (30) day period, it shall be presumed that Seller has determined that it is unable or unwilling to resolve such issues.
25. Occupancy of the Property shall NOT be permitted prior to closing and funding, unless specifically agreed to by Seller in
writing and only when Seller's requirements are met and Purchaser(s) signs Seller's Occupancy Agreement.
26. If the Property is located in a post foreclosure redemption period, then Purchaser has been advised and understands that
the Property is foreclosed property and is in a redemption period. Purchaser(s) is advised that the present record owner of the
Property or its successor in interest has the right to redeem and/or take possession of the Property at any time prior to the
expiration of this redemption period, and that Seller's obligations under this Contract will terminate immediately upon the
redemption or the owner taking possession of the Property Purchaser agrees to hold Seller harmless from all liabilities,
losses, costs, charges, expenses and damages of any character whatsoever, including reasonable attorney's fees, sustained
by Purchaser by reason of or arising out of the redemption or the owner taking possession of the Property.
27. If the Property is located in a post foreclosure ratification/confirmation/ committee period, Purchaser(s) acknowledges
settlement will not occur until such ratification/confirmation/committee order has been granted by the courts. In the event
ratification/confirmation/committee is not granted by the courts, this contract is terminated and Seller will refund Purchaser's
deposit, such refund being Purchasar's exclusive remedy for such termination,
28. Seller's insurance is not transferable and will be cancelled at the time of closing, Seller cannot endorse existing insurance
policies to Purchaser(s). Any proceeds from insurance companies for destruction or damage through no fault of the Seller or
the Purchaser(s) shall be retained by the Seller.
29. Seller will not provide Purchaser(s) or Purchaser(s) Lender a survey. If required by the Purchaser(s) Lender, cost of
survey to be at the expense of the Purchaser(s),
30, The Contract shall not be deemed accepted by Seller until Seller's signature is affixed hereon and a fully executed original
counterpart or facsimile of the Contract has been delivered to Purchaser(s).
31, OTHER PROVISIONS
PURCHASER:
WITNESS
SEE ATTACHED SUBSTITUTE EXECUTION PAGE
PURCHASER:
WITNESS
Print Name:
Date:
WITNESS
SELLER: HSBC Bank USA, National Association, as Trustee un
By:
Name:
Title:
Date:
Purchaser(s) initials:
Addendum Report
Date:
Seller(s) initials:
Order / Loan # 40312894
Date:
Page 3 of 3
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 4814 30th PL SW, Naples, FL 34116
Folio Number: 36450520007
SUBSTITUTE EXECUTION PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this day of ,2009
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED:F:/:;O / ~1
ATTEST:
DWIGHT,E:,'~RQCK, Clerk
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BOARD OF C UNTY COMMISSIONERS
COLLIER =LO:i_
iala, Chairman
-'
Approved as to form and
legal sufficiency:
~~L.-t-L
Jenni B. White
Assistant County Attorney
1 ''''-.Tl<
O. Litton Loan Servicing'
4828 Loop Central Drive, Houston, TX 77081-2226
Disclosure of Information on Lead Based Paint and Lead Based Paint Hazards
Lead Warning 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 poses a particular risk to pregnant
women. The seller of any interest in residential real property is required to provide the purchaser(s) with any information on
lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the purchaser(s) 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 (Initial)
(A) Presence of lead-based paint and/or lead-based paint hazards (check one below)
o Known lead-based paint and/or lead-based paint hazards are present in the houslng(explain)
Il!I Seller is corporate entity and has no knowledge of lead-based paint and lor lead-based paint hazards In the
housing.
(8) Records and reports available to the seller (check one below):
o Seller has provided the purchaser with all available records and reports pertaining to lead-base paint and/or
lead-based paint hazard in the housing (list documents below).
Il!I Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
Purchaser'(s) Acknowledgment (Initial)
(C) Purchaser has received copies of all information listed above.
(D) Purchaser has received the pamphlet Protf!ct Your Family from Lead in Your Home.
(E) Purchaser has (check one below):
o Received a lO-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
X Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or
lead based paint hazards.
Agent's Acknowledgment (Initial)
(F) Agent has informed the seller of the seller's obligations under the 42 u.s.e (d) and is aware of hiS/her
to ensure compliance.
responsibility
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the
information provided by the signatory Is true and accurate,
SEE ATTACHED SUBSTITUTE EXECUTION PAGE
Date
Agent
Date
Agent
Date
Purchaser
Date
Purchaser
Date
Disclosure Of Lead Based Paint
Order/Loan # 30044044
Page 1 of 1
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 4814 30th PL SW, Naples, FL 34116
Folio Number: 36450520007
SUBSTITUTE EXECUTION PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this day of ,2009
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED: F/~/~
ATTEST:, ;:.),;r!f) ,
DWIGl:tT: E:' B'R~,Clerk
-:....' " . ;,....t ....".;.....:
NTY COMMISSIONERS
, FLORIDA I
Approved as to form and
legal sufficiency:
~--e'\0~
Jenn r B. White
Assistant County Attorney
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 4814 30th PL SW, Naples, FL 34116
Folio Number: 36450520007
ADDENDUM TO "AS IS" CONTRACT FOR SALE AND PURCHASE
AND ADDENDUM TO CONTRACT OF SALE BETWEEN THE UNDERSIGNED PARTIES
CONCERNING THE PROPERTY AT 4814 30TH PL SW. NAPLES. FL 34116
THIS ADDENDUM is entered into by and between HSBC BANK USA, NA as Trustee under the
Pooling and Servicing Agreement dated November 1, 2004, Fremont Home Loan Trust 2004-D, Seller, and
COLLIER COUNTY, a Political Subdivision of the State of Florida, Buyer. Buyer and Seller have entered into
that certain "As Is" Contract for Sale and Purchase, and Addendum to Contract of Sale between the
Jndersigned parties concerning the property at 4814 30lh PL SW, Naples, FL 34116 (hereinafter referred to as
"Property") attached thereto, all dated of even date herewith, and Buyer and Seller wish to amend the foregoing
with the following additional terms and conditions:
1. The "As Is" Contract for Sale and Purchase, the Addendum to Contract of Sale concerning the
Property, and this Addendum to the Addendum to Contract of Sale concerning the Property shall, collectively,
constitute the "Agreement" between the parties, which Agreement shall only be effective upon the execution of
all three referenced documents by both parties.
2. The purchase price shall be $71,000.00 as stated on the attached "As Is" Contract.
3. The earnest money deposit shall be $0.00 as stated on the attached "As Is" Contract and on the
Addendum to Contract of Sale.
4. The closing date shall be within 45 days of acceptance by both parties as stated on the attached "As
Is" Contract.
5. Paragraph 1 of the Addendum to Contract of Sale is revised to read that the provisions of this
Addendum will control in the event of any conflict between the provisions of this Addendum and any conflicting
term in the "As Is" Contract for Sale and Purchase or the Addendum to Contract of Sale.
6. Paragraph 2 of the Addendum to Contract of Sale is deleted in its entirety in that Seller, HSBC Bank,
JSA, NA holds a Certificate of Title to the Property.
7. Paragraph 5 of the Addendum to Contract of Sale is revised to read that Special Warranty Deed will
ue conveyed at closing.
8. Paragraph 8 of the Addendum to Contract of Sale is revised to read $0.00 earnest money, and any
iaquirement for initials is waived.
9. Requirements for Initials at the bottom of Page 1 of the Addendum to Contract of Sale are hereby
waived.
10. Paragraph 10 of the Addendum to Contract of Sale is revised to delete requirement for any per diem.
11. The First sentence of Paragraph 11 of the Addendum to Contract of Sale is revised to reflect YES Box
is checked for Cash Transaction and any requirement for initials is waived.
12. The Second sentence of Paragraph 11 of the Addendum to Contract of Sale is revised to include
"except in the event of Seller's default."
13, Paragraph 19 of the Addendum to Contract of Sale is revised to include that "Seller shall not assign its
rights under any part of the Contract without Buyer's prior written consent."
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 4814 30th PL SW, Naples, FL 34116
Folio Number: 36450520007
14. Requirements for Initials at the bottom of Page 2 of the Addendum to Contract of Sale are waived.
15. The notation "See Substitute Execution Page" at the bottom of Page 3 of the Addendum to Contract
of Sale and the attached Lead Based Paint Warning Statement is acceptable, and any requirements for witness
lines and/or initials are waived.
16. Requirements for Initials at the bottom of Page 3 of the Addendum to Contract of Sale are waived.
EXCEPT as expressly provided herein, the Agreement between the Purchaser and the Seller remains in full
force and effect according to the terms and conditions contained therein, and said terms and conditions are
applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the Purchaser and Seller have hereto executed this Addendum.
Date property acquisition approved by BCC:
March 24, 2009, Item OF
DATED:
PURCHASER:
. ') ~ r f~ ,~(~'t.f-)
ATTEST:,\,'\'..,....,..., .~r:-
DWIGHT E. eR~K" 9!erk, '...,'~.,.
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Approved as to form and le9~1 suffi~iency:
~
TY COMMISSIONERS
, FLORI DA
DATED:
SELLER:
HSBC BANK USA, NA, Trustee
BY:
PRINT NAME:
TITLE:
J1
.
.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
Vs.
CASE NO. 08-1153-CA-Ol
*** 4274459 OR: 4437 PG: 0775 *t~
RICORDID in OfPICIAL RlCORDS of COLLIIR COUIfJ. PL
03/20/2009 at 04:12PI DrlGlf I. BROCI. eLIRI
COIS 100.00
IIC PII 10.00
DOC-.70 .70
FREMONT INVESTMENT AND LOAN,
Plaintiff( s)
Retn:
CIVIL
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was sold to
HSBC BANK USA, NATIONAL ASSOCIA nON, AS TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1,2004, FREMONT HOME
LOAN TRUST 2004-D,
C/O VAN NESS LAW FIRM, P.A., 1239 E. NEWPORT CENTER DRIVE, SUITE #110,
DEERFIELD BEACH, FL 33442.
Bid Amount:$lOO.OO
WITNESS my hand and seal of the court on March 20, 2009.
Details
Page 1 of 1
~
. .
Property Record
Aerial
Sketches
Trim Notices
I
4j
~
Parcel No.1136450520007
Current Ownership
Property Addressl14814 30TH PL SW
Owner Namell HSBC BANK USA NA TL ASSOC TR
Addresses I FREEMONT HOME LOAN TRUST
% VAN NESS LAW FIRM P A
3 NEWPORT CENTER DR
ST 110
City DEERFIELD BEACH I Statell FL
zip1133442 - 0
Section II Township Range Acres
28 II 49 26 0,24
Sub No. II 324700 II GOLDEN GATE CITY UNIT 7
-"e Use_Code II II SINGLE FAMILY RESIDENTIAL
Map No,
4B28
Strap No,
324700 259 24B28
Legal GOLDEN GATE UNIT 7 BLK 259
LOT 2
-"e Millage Area II
20 II
~ Millage
11.3533
2008 Final Tax Roll
(Subject to Change)
Latest Sales History
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
I Land Value $ 99,603,00 I
(+) Improved Value $ 94,225,00
(=) Just Value $ 193,828.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 193,828,00
(-) Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 193,828,00
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
Date Book - Page Amount
03 / 2009 4437 - 775 $ 100,00
11/2005 3937 -1910 $ 300,000.00
09 / 2003 3398 - 477 $146,400.00
01/ 2001 2770 - 1103 $ 16,500.00
06/1993 1837 -1508 $ 0.00
fiii!iiNJ.iiiiI
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The Information is Updated Weekly.
http://www.collierappraiser.com/RecordDetail.asp ?Map=&F 0 lioID=000003 64505 20007
7/14/2009
Print Map
Page 1 of 1
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"Hlals _ [6 Inch u,b"'l
"HI.ls 200912 FEU)
BuHdlr\t Footprints
CclllH County
Folio Number: 36450520007
Name: HSBC BANK USA NATL
ASSOC TR
Street# & Name: 4814 30TH PL SW
Legal Description: GOLDEN GATE
UNIT 7 BLK 259 LOT 2
@2004. Collier County Property Appraiser. lJ\Ihile the Collier County Property Appraiser is committed to providing the most accurate and up-Ie-dale information, no warranties expressed or implied are provided
for the data herein, its use, or its interpretation.
http://maps.collierappraiser .comlwebmap/mapprint.aspx?title=&orient= LANDSCAPE&pa.,. 7/14/2009
MEMORANDUM
Date:
August 20, 2009
To:
Gary Bigelow,
Property Acquisition Specialist
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Farbar Contract for Sale & Purchase
Seller's Addendum & County Addendum
Property Appraiser Data & Certificate of Title
Neighborhood Stabilization Program
Address: 4814 30th Place SW
Attached is the original sales contract and documents referenced above (Agenda Item #10F)
approved by the Board of County Commissioners on Tuesday, March 24, 2009.
After processing please forward a fully executed copy to the Minutes & Records Office
for the Board's Official Record.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachment
ORIGINAL DOCU1\1ENTS CHECKLIST & ROUTING SLIP
. TO ACCOl\1PANY ALL ORIGINAL DOCUI\.1ENTS SENT TO
. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prine on picl: Pll{la'. Attldt to origin:1l cloonno1c. 0rigin:1l tlrynmMJtt lhould be h.a.ad delivered co the Board Offic.:.. 'l'hc:-co.mplcted routing slip and original
doc:m:nt:ntt are to be forwa:rdo:i to tfu: Board. Offio: only ~ the B oant has CI.b::a. aaioo. OIl rbe i tan..) . . . . . ..
. ROUTING SLlP . ,....-
dean;p1;* routing lina #1 tl1ron&h #4 u ~ fur :uirfitinn2/ ~gns.nm::s.~, and/or infnr:mati0ll needctLIf rbe dirn';;MJ~i:s:1lrctdy compl~ Mdt the
~ 0:
c:xct:OtJon a{the rM';""""'s nllll2ttl1'e. draw ;tlinc rf!rcmiZ!lI'Ol1tinl!' Iina #1 t:fJ:ron2f1 #4, completz: the d1ecklist md forward to Sue- Filron (lice 1#5).
Route to Addressee(s) Office Initials Date
(llit in routinlf order). . .. . ~ :'I~. ._ .
L
2.
"
3. . . .
..
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4, ,
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5. ~t!f9 rili.13ny Executive Manager Board of County Commissioners '/C{~ '~/1'9 Ic,
ItfN {VtlTc..H C "-.~
6. :Mlnutes and Records Oer:k: of Court's Office -
;- .
PRIl'rIARy CONTACT- INFORMA nON
(The prim:uy c:onCICt i:s the bolder of rbe original doatmt:Dt pending Bee approvaL Nanim11y rbe primary COI1C1Ct i:s the: pClSoa who =tcdIprcpan:d the: executive
Sl!II1m2rY, Primary COI1C1Ct iuformouion is aet:dcd in rbe e:veut cae of rbe :u:fd==s .wove, inc:iuding Sue Filsoa.. nced to C!JI1tlct staff for addirioaa1 or missiD.g
inform:ltioa. All angina! document! needing rbc: Bee OWrm:m's rignal11re = co be delivered CO rbe Bee office only :1fr:cr rbe Bee bas.1acd to approve the:
item. )
Name of Primary Staff
Contact
Agenda Date Item w~
roved b the BCe
Type of Document
Att3ched
Phone Number
k' () 73
/()~
Z-
Agenda Item Number
Number of Original
Documents AttllChed
INSTRUCTIONS & CHECKLIST
IDitia1 the Yes column or mark "'N/A" in t:bc Not Applicable colllIDI1. whichever is
a
1. Original document has been signedf'mitialed for legal stifficiency. (All documents to be
signed by the Chairman, with cbe exception o! most letters:, must be reviewed and signed
ijy the Office of the County AJ:rcmey. This includes signacurc pages from o~,
l'C$oIutions., etc. signed by the Cou:nty AttDrnt:.y's Office and signature pages from
contracts, agreement:!. etc. tha.t have been fully executed by all parties except the BCe
Olainnan and Clcrlc to the Board and ssibl State Officials.)
2. All handwrittcn.strike-throug/1 and revisions have been initialed by the Couney ~rney: s
Office and all other arties e t the Bee Chairman and the CIerk to the Board
3. The ~'s signature line date has been entered as the date of Bee approval of the
document or the final De ti.ated contract date whichever is licable.
4. "Sign here" tabs are placed on the approprim page3 indicating where the Chairman's
si. and initials are r
5. In most cases (some cont:racts arc an exception), the original document and this routing slip
should be provided to Sue FIlson in the Bee office within 24 hours o(BCe approval.
Some documents are time sensitive and reqairc "forwarding to Talla.hassee witbin a. cctain
time frame or the BCe's actions arc nullified. Be aware f our deadlines!
6. The docament was approved by the Bee an 0 (enter date) and ail changes
made daring the meeting have been incorporated. the attached document.. The
Conn Attorn 's Office has reviewed the es. it a liable.
Yes
(Initial)
N/A(Not
liable)
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17___
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ITEM NO.: Cfl-12W'" O(/~
FILE NO.:
ROUTED TO:
.")1 I c..
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,
i i
DA TE RECEIVED:
r ,
, j I "t f J
DATE:
REQUEST FOR LEGAL SERVICES
August17, 2~ ) ly
~;;-WHIT SITANT COUNTY ATTORNEY
~~ E COUNTY ATTORNEY
TO:
FROM:
Gary Bigelow
Real Property Management
RE:
Neighborhood Stabilization Program (NSP) Grant
FARBAR "As Is" Contract for Purchase and Sale and Addenda
BACKGROUND OF REQUEST /PROBLEM:
It is requested that the CAO review the attached contracts for legal sufficiency, and
provide recommendations so that we may have the Chairman of the BCC sign for
submittal to the Sellers.
ATTACHMENTS: (1) FARBAR Contract: 781 Golden Gate Blvd W
No Addendum Required
Property Appraiser Data Sheets & Certificate Of Title
(2) FARBAR Contract, Seller's Addendum, County Addendum:
4814 30th Place SW, Naples, FL 34116
Property Appraiser Data Sheets & Certificate Of Title
THESE ITEMS HAVE NOT BEEN PREVIOUSLY SUBMITTED.
FILE NO.:
ACTION REQUESTED:
Jennifer: Please review, and if acceptable, sign where appropriate to facilitate the County's
acquisition of foreclosed properties under the NSP grant. We respectfully request that
these be reviewed ASAP so that we may present them to the Chairman of the BCC for
signature and respond to the Owner's of Record in a timely manner, TIME IS OF THE
ESSENCE.
nk you very, very much!
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4