As Is Contract for Sale and Purchase #2
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR
3
4
5
1* PARTIES:AIIJ-1iO,J~'1fllC /J10/lI671G~" LL c.. ("Seller"),
2* and COLLIER COUNTY, a political subdivision of the Slate 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: J _ 5 f3.
(a) Legal description of t e eal Property located in COLLIER County, Florida: ~ T,Ll<..
I- 7~' IJ.)IT 'tA _I: r
(b) Street address, city, zip, 01 the Property: .5 360 /, 'rN
(c) Personal Property includes existing rangers), relrigerator(s), dishwasher(s), ceiling fan(s). light fixture(s), and window treatment(s) unless
specilically excluded below. .
Other items included are: Not applicable
6'
7*
8'
9
10
11'
12"
13"
14"
Items of Personal Property (and leased items, if any) excluded are: Not applicable
$ 7~500
N/A
N/A
$
15" II, PURCHASE PRICE (U,S currency): , . . . , . . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . .
16 PAYMENT:
1 r (a) Deposit held in escrow by PMH FINANCIAL C'Escrow Agent"} in the amount of (checks subject to cleArance)
18* Escrow Agent's address: 162118TH ST, SUITE 100 I DENVER, CO 80202 Phone: (303) 467-8000
1 9" (b) Additional escrow deposit to be made to Escrow Agent within ~ days after Effective Date in the amount of. . .
20. (c) Financing in the amount of ("Loan Amount") see Paragraph IV below. . . . . . . . . . . . . . . . . . . . . . . . . . .
21" (d) Other. . . , . . . . , . . . . . . . . . . . . . . . . .. ...................... ........
22 (e) Balance to close by cash. wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject
23" to adjustments or prorations. . . , . . . . . . . , . . . . . .. , , , . . . . . . . . . . . . , . , . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . .
24 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
25 (a) If this offer is not executed by and delivered to a/l 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 at Buyer's option, be returned and this offer withdrawn.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'1 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 Contrad, then the "Effective Date" shall be the date determined above for
30 acceptance of this offer or, if applicable, the final counteroffer.~Depos;t due within 10 days of Effective date.
31 IV. FINANCING: Counteroffers included any Addenda submitted after either party signs.
32' .ilif (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 ioan, in the Loan Amount (See Paragraph 1I.(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 CanceNation Notice shall
44 notify Buyer that Buyer has three (3) days to deliver to Seller written notice waiving this Rnancing contingency, or the Contract shall be cancelled.
45 . DEPOSIT(S) (for purposes of this Financing Paragraph rV(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 (Ii) Buyer's lender
49 fails to receive and approve an appraisal of the Property in an amount sufficient to meet the terms of the Loan Approval, then the deposit(s) shall be
50 returned to Buyer.
51 " 0 (c) Assumption of existing mortgage (see rider for terms); or
52' 0 (d) Purchase money note and mortgage to Seller (see "As Is' Standards Band K and riders; addenda; or special clauses for terms).
53" V. TITLE EVIDENCE: At least _ days (if blank, then 5 days) before Closing a title insurance commitment with legible copies of instruments listed as
54 exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of title insurance (see Standard A for terms) shall be obtained by:
55' (CHECK ONLY ONE): 0 (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or
56" !)l (2) Buyer at Buyer's expense.
57* (CHECK HERE): J If an abstract of title is to be furnished instead of title insurance, and attach rider for terms.
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 at this Contract. In the event of extreme weather or other conditions or events constituting "force majeure", Closing will be
60 extended a reasonable time until: (i) restoration ot utilities and other services essentiai to Closing, and (ii) availability of Hazard, Wind, Flood, or Homeowners'
61' insurance. If such conditions continue more than ~ days (rt blank, then 14 days) beyond Closing Date, then either party may cancel this Contract.
$
$
$
$ 7t:S-DO
,
FAR/BAR ASIS-2 Rev 9/07 @ 2007 Florida Association oj RlALlOHS" and The Florida Bar All Rlgl-Ils Reserved Page 1 of 5
62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable titlf3 subject to: comprehensive land use plans, zoning,
63 restrictions, prohibitions and other requirements imposed by governmental authority; restl'ictions and matters appearing on the plat or otherwise
64 common to the subdivision; outstanding oil, gas and mineral rights of record wilhout right of entry; unplatted public utility easements of record
65 (located contiguous to real propel1y 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 (it 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 ot 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 lurther liability under this Contract; CJ may
76" assign but not be released from liability under this Contract; or ISiiJ 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 lien(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 (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 ot radon that exceed federal and state guidelines have been found in buildings in Fiorida.
85 Additional information regarding radon or radon testing may be obtained from your County Public Health unit.
86 (c) Mold is naturally occurring and may cause health risks or damage to property. It 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-1 978 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 TlON/COMMUNITY DISCLOSURE,
93 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERlY TAXES AS mE AMOUNT
94 OF PROPERTY TAXES Tl-lAT THE BUYER MAY BE OBUGATED TO PAY IN mE YEAR SUBSEOUENT TO PURCHASE. A CHANGE OF OVv'NER-
95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REIISSESSMENTS OF mE PROPERTY Tl-lAT COULD RESULT IN HIGHER PROPERlY TAXES.
96 IF YOU HAVE ANY QUESTlONS COI\!CERNING VALUATlON, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATlON,
97 XII. MAXIMUM REPAIR COSTS: DELETED
98. XIII, HOME WARRANTY: Q Seller 0 Buyer ~ 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") 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 deUvering 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
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. 111 LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE
113' 0 INSULATION 0 EVIDENCE OF TITI..E (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.
1 t 7*
118" SELLER WARRANTS PROPERTY IS VACANT AND SHALL REMAIN SO THROUGH CLOSING TO COMPLY WITH THE REQUIREMENTS OF THE
119' NEIGHBORHOOD STABILIZATION PROGRAM.
120"
121-
122.
123. _.____.
124.
125-
STANDARDS B, 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 01 RfALlDHS" imd Tile Florida Bar All Rights Resorved Page 2 of 5
128 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
129 SEEK THE ADVICE OF AN AITORNEY PRIOR TO SIGNING.
130 THIS "AS IS" FORM HAS BEEN APPROVED BY THE r:LORIDA ASSOCIATION Or: PEI~LTORS" AND THE FLORIDA GAR.
131 Approval does not constitute an opinion Illat any 01 the terms and conditions in thiS Contract should be accepted by the parties in a
132 particular transaction. Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining
133 positions of all interested persons.
134 AN ASTERISK(') FOLLOWING A LINE NUMBER IN THE MARGIN II'!DICATES THE LINE CONT/l.I{\~S A BLANK TO BE COMPLETED.
135* HSEE SIGNATURE BLOCK BELOW
136 (8~ D~
137"
138 (BUYER) (DATE)
139" Buyers' address for purposes of notice Real Property Manaqe
140" 3301 Tamiami Trail East, Bldq. W, Naples, FL
141' (239) 252-8991 Phone Phone
142 BROKERS: The brokers (including cooperating brokers, if any) named below are the only brokers entitled to compensation in connection with
1 43 this Contract:
144' Name:
145
(SELLER)
(DATE)
(SELLER)
Sellers' address for purposes of notice
(DATE)
Cooperating Brokers, if any
Listing Broker
Date Property acquisition approved by BCC:
March 24, -tfo~m ~
DATED: -- ..-
BUYER:
. . .. M . ~ ,
ATTEST: .
DWIGH~E. BROCK: clerrfl.
-,', ',',' .':'.:..... ','" ",.
,
at.
... ~ uty rk
AtWlt' .. . ...... r..... ............... " )
.... .," ,....,,-- .
. t...... ..'". .
Approved as to form and
legal sufficiency:
~~~
~.a. County Attorney
-:s""C N"-' \1='t: 12.. ~. ~,", t..
PROPERTY ADDRESS: .
5300 17th Place SW
Naples, FL 34116
FAR/BAR ASIS-2 Rev. 9/07 @ 2007 Florida Associalion of R!:ALlOHs. and The Rorida Bar ."-11 Rights Reserved Page 3 of 5
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
A. TITLE INSURANCE: The Tille Commitment shall be Issued by a Florida licensed title Insurer agreein9 to Issue Buyer, upon recording of the deed 10 Buyer,
an owner's policy of Iltle insurance in the amount of the purchase price, insurlTlg Buyer's marketable Iltle 10 IIle Fleal Property, subject only to mailers contained
in Paragraph VII and those to be discharged by Seller at or before ClOSing. Marketable IllIe shall be cfetermincd according 10 applicable Tille Standards adopt-
ed by authority of The Florida Bar and III accordance with law. Buyer shall have 5 days from date of receiVing the Title Commitment 10 examine it, and If t:tle is
found defective. notify Seller In wntlng speCifying defect(s) which render title unmarketable. Seller shall have 30 days from receipt of notice to remove the
defects, falling which Buyer shall. within 5 days after expiration of the 30 day penod, deliver wntten notice 10 Seller either: (1) extending the time for a reason-
abte period nol to exceed 120 days Within which Seller shall use diligent effort 10 remove the defects: or (2) requesting a refund of deposlt(s) paid which shall
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,
use diligent effort to correct defect(s) within the lime provided. If, after diligent effort. Seiler is unable 10 timely correct the defects, Buyer shall either waive the
defects, or receive a refund of deposil(s). thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller is to provide the Title
Commitment and It is delivered to Buyer less than 5 days prior 10 Closing, Buyer may exlend ClOSing so thai Buyer shall have up to 5 days from date of 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, al Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certi-
fied by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback
lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect.
D. WOOD DESTROYING ORGANISMS: DELETED
E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described
in Paraqraph VII hereof and title to the Real Prooertv is inSllrFlhle in accordance with "AS IS" StFlnrtArrl A without exception for lack of legal right of access.
F. LEASES: Lines 175-179 DELETED
G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement,
claims of lien or potentiallienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days imme-
diately preceding date of Closing. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction
liens executed by all general contractors, subcontractors, suppliers and mate'ialmen in addition to Seller's lien affidavit setting forth the names of all such gen-
eral contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a
construction lien or a claim for damages have been paid or will be paid at the Ctosing of this Contract.
H. PLACE OF CLOSING: Closing shall be held at the office of the attorney or other closing agent ("Closing
Agent"] designated 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. Any time periods provided for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the
next business day, Time is of the essence in this Contract.
J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, certificate of title, construction lien affidavit, owner's possession affidavit, assignments of leas-
es, tenant and mortgagee estoppel letters and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement and financing statements.
K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. All costs of Buyer's loan (whether obtained
from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed,
mortgagee title insurance commitment With related fees, and recording of purchase money mortgage, deed and financing statements shalt 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), shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V.
L PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before Closing.
Buyer shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be
increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing. Advance
rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current
year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's mill-
age is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assess-
ment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1 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 shan proceed pursuant to the terms of this Contract, and if restoration is not completed as of Closing, restoration costs will be escrowed at Closing. If
the cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall either take the 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 casuany 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 It the title agent insures adverse matters pursuant to Section 627.7841.
F.S_, as amended, the escrow and closing procedure reqUired by this "AS IS" Standard shall be waived. Unless waived as set forth above the following
FAR/BAR ASIS-2 Rev. 9/07 ~ 2007 Flonda ASSOCiation of RtALlOHs" and The Florida Bar All Rights Reserved Page 4 of 5
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
closing procel1urcs shall apply: (1) all clos,ng proceeds SI'.311 be ,>-wld "1 escrow by the Closing A.gonl for a pellod of not more ih,ln 5 dJYs af1er Closing: (2)
If Seller's IllIe IS rendered unmarkelJIJlc, througll no fault of Buyer, Buyu shall, within the 5 day powd, rctlfy Soller In wlltlrg of the defect and Seller shall
have 30 days from date of receipt of such nollflcatlon to cure the derecl; (3) If Seller (,:II!s to t"1lE;ly cure Ihe defect, all depOSits and closing funds shall, upon
written demand by Buyer and wilhln 5 days after demand, be returned 10 Buyer and, slmullaneously wilh such repayment, Buyer shall return the Personal
Property, vacate !,',e Real Property and reconvey the Property to Seller by special warranty deed and bill of sale: and (4) If Buyer fads to make timely demand
for refund, Buyer shall take Iltle as is, waiving all rights against Seller as to any intervening defect except as may be aVildable to Buyer by virtue of war-
ranties contained in Ihe 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 10
clear shall not excuse Buyer's periormance. If in doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agent's option, con-
tinue 10 hold the subJect matter of the escrow un iii the parties hereto agree 10 Its disbursement or unlll a Judgment of a court of competent junsdlction shall
determine the rights of the parties, or Agent may d8posit 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 such party in such action. Upon notifying all parties concerned of such action, all liability on the part of Agent
shall fully terminate, except to the extent of accounting lor any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with
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
any suit wherein Agent interpleads the subject matter of the escrow. Agent shall recover reasonable attorney's fees and costs incurred with these amounts to
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 iiable
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
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 nlis "AS IS" Standard, shall include Seller, Buyer and any brokers acting in agency or nOnJgency relationships authOrized by
Chapter 475, F.S.. as amended, shall be entitled to recover Irom 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 if given by or 10 that party.
All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile or electronic nncluding "pdf") copy of this
Contract and any signatures hereon shall be considered for 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 transferred by an absolute bill of sale with warranty of 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 parties 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 Property 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
Properly 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 Bwer 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 D 2007 FlOrida Association of RLALlO"S" Clnd The rlorida Bar All Flig/l1S Reserved Page 5 of 5
COUNTER OFFER/ADDENDUM Loan #
A P~Mtl
THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
1621 18th Street Suite 100
Denver,CO 80202
Corporate (303) 467-8000
Nationstar Mortgage, LLC
Counter Offer & Addendum to Purchase Contract
Asset #: 154726
BUYER AND SELLER ACKNOWLEDGE BY EXECUTION OF THIS ADDENDUM, IT IS ATTACHED HERETO AND
MADE A PART OF THE PURCHASE AGREEMENT ANDIOR CONTRACT FOR SALE.
This is a Counter Offer and Addendum to the Purchase Contract dated July 15, 2009 for the property known
as:
5300 17TH PLACE SW, NAPLES, FL 34116 (the "Property") in which
COLLIER COUNTY A POLITICAL SUBDIVISION OF THE STAlE is referred to as (the "Buyer") and Nationstar
Mortgage, LLC, is referred to as (the
"Seller"), and is hereby made a part of.
IN THE EVENT ANY PROVISION OF THIS ADDENDUM CONFLICTS IN WHOLE OR PART WITH THE TERMS OF
THE CONTRACT FOR SALE TO WHICH IT IS ATTACHED, OR ANY ADDENDA TO THE CONTRACT, THE
PROVISIONS OF THIS ADDENDUM WILL CONTROL UNLESS SUCH PROVISIONS ARE CONTRARY TO ANY
LAWS OR OTHER APPLICABLE LEGAL PROHIBITIONS, IN WHICH CASE THE CONTRACT SHALL GOVERN
ONLY TO THE LIMITED EXTENT NECESSARY FOR COMPLIANCE WITH THE SAME.
1. Total Purchase price to be $ 78,500
2. Earnest money deposit to be $ 0 in certified funds.
3. CLOSING: The closing (the "Closing") of the sale between Seller and Buyer shall be on or before
7/31/2009 (the "Closing Date") at the Title Company set forth below. Subject to the following provisions
extending the Closing Date, if either party fails to close this sale by the Closing Date, the non defaulting party
shall be entitled to exercise the remedies provided for in this Contract, immediately and without notice.
However, by written request and mutual consent of Buyer and Seller, the Closing may be extended up to
fifteen (15) days if necessary to complete the loan requirements. In the event Seller agrees to an extension of
the Closing Date, Buyer shall, as a condition of Seller's agreement to such extension of the Closing Date,
immediately deposit, on or prior to the original Closing Date, the sum of $100.00 for each day of the
extension period as an additional deposit. Should the Closing not occur on any such extended Closing Date
because of the failure or default of Buyer in the performance of Buyer's obligations in accordance with the
Contract and this Addendum, Seller shall be entitled to retain such additional deposit as well as any other
deposit made by Buyer as liquidated damages pursuant to the provisions of Paragraphs 13 and 15 of this
Addendum. The Seller or Seller's representative is to be notified immediately if the Closing is delayed for ANY
reason. Time is of the essence in this Contract and Addendum,
Title and Escrow closing location shall be seller's choice.
Seller shall provide only those keys in Seller's possession and it is suggested that buyer re-key subject property at
close of escrow. Garage door transmitters, security gate keys and or cards, and mailbox key are not included in
purchase price.
BUYER AND SELLER TO INITIAL ALL APPLICABLE ITEMS BELOW:
2. REPAIRS AND REPORTS:
A. Seller requires Buyer to have all inspections completed within~ working days from the effective date of
the Contract for Sale, to which this addendum is attached. In areas where certificates of occupancy
inspections are required, it
shall be the responsibility of the Buyer to authorize and initiate such inspections. Seller's responsibility for
repairs shown to be required by Buyer's inspections, lender's inspections, certificate of occupancy
inspections, or required as a condition of the FHNVA commitment, shall not exceed1.Q.... If the required
repairs exceed this amount and Seller does not elect to pay for such additional repairs, then Buyer, at
Buyer's option, may elect either to pay for the additional repairs above Seller's responsibility, or terminate
said Contract for Sale, at which time it shall be NULL and VOID, and Buyer shall be entitled to all earnest
money paid hereunder.
BUYER INITIAL
OR
B. Buyer accepts property in "AS IS" condition. No repairs are required of Seller. Buyer has read,
acknowledges and
understands paragraph 5 of this addendum regarding property condition.
BUYER INITIAL __ SELLER INITIAL__
SELLER INITIAL
Buyer shall not make any repairs to property prior to closing without written consent.
ADDENDUM TO CONTRACT (Rev. April 2008) Page 1
rpOlr PMH2cl
Seller's Initials
Buyer's Initials
Buyer's Initials
THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
A P,1~\tl
COUNTER OFFER/ADDENDUM Loan #
1621 18th Street Suite 100
Denver,CO 80202
Corporate (303) 467 -8000
TERMITE ACKNOWL.EDGEMENT
Buyer Seller
Initial Initial
_ _ C. (Buyer _) (Seller _) will pay for required termite inspection.
_ _ D. (Buyer _) (Seller _) will pay for required termite treatment not to exceed $Q.
3. MORTGAGE FINANCING: (Initial applicable method of purchase)
A. FINANCING
Buyer Seller
Initial Initial
__ (1) Cash: The Contract for Sale, to which this addendum is attached, is a cash transaction.
Verification of funds
required to close shall be provided to Seller within two (2) business days of the effective date
of the Contract for Sale or this Contract shall be null and void.
_ _ (2) Mortoaoe: An application for mortgage financing shall be made within two (2) business days of the
effective date
of the Contract for Sale.
_ _ (3) Nationstar Mortoaoe Financino: When Nationstar Mortgage Financing option is selected,
acceptance of this offer
is subject to Nationstar Mortgage, LLC and Buyer's approval of rate and terms. Buyer's credit and loan approval
will be solely determined by Nationstar Mortgage, LLC's underwriting.
B. CLOSING COSTS (initial if applicable) __
(1) Seller agrees to payor credit buyer in to and not to exceed $..Q.. in closing costs. The buyer shall be
responsible for the payment of any and all transfer taxes due at the time of closing.
4. I!!!.i;..Seller shall furnish to Buyer an Owner's Policy of Tille Insurance dated as of the Closing Date (the "Title
Policy") if buyer agrees to use Tille Company provided by seller. In states where the buyer per statute, must hire
their own closing attorney, seller shall not furnish buyer with an Owner's Policy of Title Insurance.
A. The Tille Policy to be furnished to Buyer shall insure Buyer's title to the property subject only to the
following exceptions ("Permitted Exceptions") (1) existing deed restrictions and restrictive covenants
affecting the property; (2) discrepancies, conflicts and shortages in area or boundary lines, or any
encroachments or any overlapping of improvements; (3) taxes of the current and subsequent years and
subsequent assessments for prior years due to change in land usage or ownership; (4) existing building
and zoning restrictions and ordinances; (5) easements or roads, easements visible upon the ground,
easements of record and (6) liens created or assumed as security for the purchase price; (7) rights or
privileges of public service companies and utility easements of record or common to any platted
subdivision of which the property is a part; (8) reservations or other exceptions of record or known to the
Buyer; (9) the terms and provisions of any Declaration, By-Laws and Rules and Regulations of any
Condominium Regime or Homeowner's Association pertaining to the property (together called the
"Association Documents") as amended, including the platted easements and assessments set out
therein, and (10) the terms of any ground rent, ground lease or similar agreements, if any, and (11) any
other liens, encumbrances, easements, covenants or restrictions of record or known to the Buyer.
B. Seller shall make available for Buyer's review at the Tille Company, the Tille Commitment of the Title
Company and legible copies of any documents creating tille exceptions at least two (2) days prior to
Closing. Buyer shall be en tilled 10 obtain a Title Commitment prior to Closing at Buyer's sole cost and
expense if Seller is not required to provide one under this Section 4. If the Commitment reveals a defect
in title which is not one of the Permitted Exceptions, or if Seller does not have tille to the property,
allowing that said Commitment was not available for review prior to the Closing if it was to be provided by
the Seller, a new defect in title is disclosed by an updated endorsement to the Commitment, which defect
is not one of the Permitted Exceptions, Buyer may either waive such defect or give written notice to
Seller. Upon receipt of written notice, Seller may attempt to cure such defect prior to the Closing or
decline to cure such defect. If Seller is unable or unwilling to cure, on or before the Closing Date, any
defect as to which Buyer has notified Seller as hereinabove provided and if Buyer does not waive such
defect, this Contract shall be terminated without liability to either party and the earnest money shall be
returned to Buyer as Buyer's sole and exclusive remedy. Buyer may not object to any Permitted
Exceptions set forth in sub-paragraphs 4(A} (1) through (11) above. and may
ADDENDUM TO CONTRACT (Rev. April 2008) Page 2
rpOlr_PMH2c:1
Seller's Initials
Buyer's Initials
Buyer's Initials
COUNTER OFFER/ADDENDUM Loan #
A P,Mti
THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
1621 18th Street Suite 100
Denver,CO 80202
Corporate (303) 467-8000
object to any other exceptions only if the Commitment was not available for review prior to the Closing date if it was to
be provided by Seller, in which case Buyer will have five (5) days after receipt of such Commitment and documents to
make written objection(s) to Seller. Notwithstanding the foregoing, Seller shall have the right, at its sole discretion, but
without any obligation to cure any such defect objected to by Buyer in accordance with this Paragraph 4(B), to extend
the Closing Date by not more than thirty (30) days to attempt to cure any defect in title so objected to by Buyer in
accordance with this Paragraph 4(B}. Seller shall give Buyer five (5) days notice of any such new Closing Date. If
Seller is unwilling or unable to cure any defect or title exceptions as to which Buyer has notified Seller, Buyer may
waive such defect and title exception by written notice, this contract and addendum shall remain in full force and
effect.
Seller shall furnish to Buyer on the Closing Date the following: (1) Seller's form of Special Warranty Deed, Quitclaim
Deed or other deed (the "Deed"), as appropriate for the jurisdiction where the Property is located, and without general
warranty covenants, whereby Seller will warrant and defend tille against the lawful claims of all persons claiming by,
through, or under Seller, but against none other, executed by Seller, conveying the property to Buyer, subject to the
Permitted Exceptions, any other exceptions waived or deemed waived by Buyer as provided above and subject to all
other matters of record affecting the property with dower rights, if any; and (2) an affidavit of Seller certifying that
Seller is not a "foreign person", as defined in the Federal Foreign Investment in Real Property Tax Act of 1980, and
the 1984 Tax Reform Act as amended.
5. PROPERTY CONDITION: THE UNDERSIGNED BUYER IS AWARE AND ACKNOWLEDGES THAT THE
UNDERSIGNED SELLER IS SELLING A PROPERTY WHICH WAS ACQUIRED THROUGH FORECLOSURE
PROCEEDING OR OTHER CONVEYANCE AND THAT SELLER IS NOT FAMILIAR WITH THE CONDITION OF
THE PROPERTY. BUYER IS AWARE THAT THE SUBJECT PROPERTY IS NOT NEW AND FURTHER
ACKNOWLEDGES THAT THERE HAS BEEN NO REPRESENTATION(S) BY SELLER, OR ANY OTHER PERSON
ACTING AS SELLER'S REPRESENTATIVE AND/OR BUYER'S REPRESENTATIVE REGARDING THE
CONDITION OF THE PROPERTY OR OF THE APPLIANCES OR STRUCTURAL COMPONENTS THAT MAY BE
CONTAINED THEREIN. IF INSPECTION REPORT(S) HAVE BEEN OBTAINED BY SELLER OR SELLER'S
REPRESENTATIVE, SAID INSPECTION REPORT(S} ARE BEING PROVIDED TO THE BUYER FOR BUYER'S
INFORMATION ONLY AND BECOME A PART OF THE CONTRACT OF SALE TO WHICH THIS ADDENDUM IS
ATTACHED.
THE FOLLOWING INSPECTIONS ARE ATTACHED: N/A
UNLESS OTHERWISE SPECIFIED IN A SCHEDULE ATTACHED HERETO, NEITHER SELLER NOR SELLER'S
REPRESENTATIVE HAS ACTUAL KNOWLEDGE OF ANY LATENT DEFECTS IN THE PROPERTY OR ANY
COMPONENT THEREOF, INCLUDING, BUT NOT LIMITED TO: PLUMBING, APPLIANCES, HEATING, AIR
CONDITIONING AND ELECTRICAL SYSTEMS, FIXTURES, ROOF, SEWERS, SEPTIC SYSTEMS, FOUNDATION,
STRUCTURAL CONDITION, POOL, SPA AND RELATED EQUIPMENT.
BUYER MAY WALK-THROUGH THE HOME PRIOR TO THE CLOSE OF ESCROW FOR THE SOLE PURPOSE OF
DETERMINING THAT THERE HAS BEEN NO MATERIAL CHANGE IN THE CONDITION OF THE PROPERTY
SINCE OPENING OF ESCROW. NOTWITHSTANDING THE FOREGOING, A CLOSING ON THE ABOVE
DESCRIBED PROPERTY WILL CONSTITUTE AN ACKNOWLEDGEMENT BY THE BUYER THAT THE
PROPERTY, APPLIANCES, OR STRUCTURAL COMPONENTS, AS DESCRIBED ABOVE, WERE ACCEPTABLE
TO BUYER AT THE TIME THE SALE WAS CONSUMMATED.
BUYER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE AND HEREBY SPECIFICALLY
DISCLAIMS ANY WARRANTY, GUARANTY, OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT, OR
FUTURE, OF, AS TO, OR CONCERNING (i) THE NATURE, SQUARE FOOTAGE, CONDITION, VALUE, OR
QUALITY OF THE PROPERTY, INCLUDING BUT NOT BY WAY OF LIMITATION, THE WATER, THE SOIL, AND
GEOLOGY, AND THE SUITABILITY THEREOF AND OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND
USES WHICH BUYER MAY ELECT TO CONDUCT THEREON, (Ii) THE MANNER, CONSTRUCTION, CONDITION,
QUALITY, THE STATE OF REPAIR OR LACK OF REPAIR OF ANY OF THE PROPERTY, (iii) EXCEPT FOR ANY
WARRANTIES CONTAINED IN THE DEED, THE NATURE AND EXTENT OF ANY RIGHT-OF-WAY, LEASE,
POSSESSION, LIEN, ENCUMBRANCE, LICENSE, RESERVATION, CONDITION, OR OTHERWISE, (iv) THE
COMPLIANCE OF THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES, OR
REGULATIONS OF ANY GOVERNMENT OR OTHER BODY, AND (v) THE INCOME TO BE DERIVED FROM THE
PROPERTY BUYER HEREBY EXPRESSLY ACKNOWLEDGES AND AGREES THAT BUYER HAS THOROUGHLY
INSPECTED AND EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY BUYER IN ORDER
TO ENABLE BUYER TO EVALUATE THE PURCHASE OF THE PROPERTY BUYER HEREBY FURTHER
ACKNOWLEDGES AND AGREES THAT BUYER IS RELYING SOLELY UPON THE INSPECTION, EXAMINATION,
AND EVALUATION OF THE PROPERTY BY BUYER AND THAT BUYER IS PURCHASING THE PROPERTY ON
AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" BASIS AND NOT ON ANY INFORMATION PROVIDED OR TO
BE PROVtDED BY SELLER AND BUYER EXPRESSLY ACKNOWLEDGES THAT, IN CONSIDERATION OF THE
AGREEMENTS OF SELLER HEREIN, SELLER MAKES NO WARRANTY OF REPRESENTATION EXPRESS OR
IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO ANY WARRANTY
OF CONDITION, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT AS
OTHERWISE SPECIFIED HEREIN. IT IS FURTHER AGREED THAT SELLER HAS NOT WARRANTED, AND
ADDENDUM TO CONTRACT (Rev. April 2008) Page 3
rpOfr PMH2ct
Seller's Initials
Buyer's Initials
Buyer's Initials
COUNTER OFFER/ADDENDUM Loan #
A PJy\ti
THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
1621 18th Street Suite 100
Denver,CO 80202
Corporate (303) 467 -8000
DOES NOT HEREBY WARRANT THAT THE PROPERTY OR ANY IMPROVEMENTS LOCATED THEREON NOW
OR IN THE FUTURE WILL MEET OR COMPLY WITH THE REQUIREMENTS OF ANY SAFETY CODE OR
REGULATION OF THE STATE, CITY OR COUNTY WHERE THE PROPERTY IS LOCATED, OR OF ANY OTHER
AUTHORITY OR JURISDICTION
BUYER REPRESENTS TO SELLER THAT BUYER HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND
BUSINESS MATTERS THAT ENABLE BUYER TO EVALUATE THE MERIT AND RISKS OF THE TRANSACTION
CONTEMPLATED HEREBY BUYER HEREBY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY
AND ALL RIGHTS, BENEFITS AND REMEDIES UNDER ANY STATE CONSUMER PROTECTION LAW WHICH
MAY APPLY IN THE STATE WHERE THE PROPERTY IS LOCATED WITH RESPECT TO ANY MATTERS
ADDENDUM TO CONTRACT (Rev. April 2008)
PERTAINING TO THIS CONTRACT OF SALE AND THE TRANSACTION CONTEMPLATED HEREBY TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
IT IS FURTHER AGREED THAT SELLER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES
REGARDING ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS, REGULATIONS, ORDERS
OR REQUIREMENTS. BUYER HEREBY ASSUMES ALL RISKS AND LIABILITY AND AGREES THAT SELLER
SHALL NOT BE LIABLE FOR ANY SPECIAL. DIRECT. INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES
RESULTING OR ARISING FROM OR RELATING TO THE OWNERSHIP, USE, CONDITION, LOCATION,
MAINTENANCE, REPAIR OR OPERATION OF THE PROPERTY. BUYER FURTHER ACKNOWLEDGES AND
AGREES THAT SELLER HAS OWNED THE PROPERTY ONLY SINCE THE DATE OF SUCH TRANSFER AND IS
NOT IN A POSITION TO MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, AS TO
THE PROPERTY. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN
STATEMENTS, REPRESENTATIONS OF INFORMATION PERTAINING TO THE PROPERTY, OR THE
OPERATION THEREOF, FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE OR OTHER
PERSON. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING.
6. SURVEY AND OTHER COSTS: Seller shall furnish to Buyer an Owner's Policy of Title Insurance dated as of the
Closing Date (the "Title Policy") if buyer agrees to use Title Company provided by Seller. Buyer shall be responsible
for any Mortgagee Title Policy or other Title Policy charges. If a survey is required to close, it will be the sole
responsibility of Buyer to obtain a survey acceptable to the Title Company and any lender within stated closing period
herein and will be at the Buyer's expense. Buyer agrees to pay all normal and customary settlement costs and
charges paid by buyers, which may include as applicable, but are not limited to, all lender's fees in connection
herewith, including any HOA transfer and doc fees, Mortgagee's Title Policy fees. buyer's escrow fees (if any).
document preparation and recording fees, notary fees, survey fees where required, and recording charges. except
those incident to clearing existing encumbrances or title defects, except if Buyer is obtaining VA or FHA financing,
those prohibited to be paid by for VA or FHA financing, which prohibited charges shall be paid by Seller to the extent
set forth in Section 2 above. Buyer shall also pay for the following: (1) The premium for mechanics lien insurance
and/or title search or fee for cancellation of same, if any; (2) The premiums for flood insurance and/or fire insurance
with extended coverage, insurance binder charges or cancellation fee, if any; (3) Appraisal fees and charges paid in
advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accruals. Notwithstanding anything
else to the contrary in this Contract. after the Closing, Seller shall not be liable for the payment of any assessments or
other charges against the Property made by any municipality, city, county, state or other entity, as of the date of the
Closing or going forward, and Buyer shall assume the payment of any such assessments or other charges against the
Property; however, if existing payment obligations are not assumable, Seller shall negotiate such payment with Buyer.
7. INSURANCE: Upon Closing, Seller shall be relieved of all responsibility and liability for maintaining hazard, flood (if
applicable), and title insurance on the Property. All hazard, flood (if applicable), and title insurance policies shall be
terminated by Seller immediately upon Closing. Buyer shall be responsible for obtaining any required hazard, flood (if
applicable), and mortgagee title insurance if lender so desires prior to Closing.
8. ASSIGNMENT: The Buyer shall not assign the Contract for Sale and/or this addendum.
9. PROPERTY TAXES: Prorations for taxes shall be based on the last available tax bill or upon the Tax assessor's
latest valuation and the current tax rate. THE SELLER WILL NOT BE RESPONSIBLE FOR ANY ADJUSTMENT OF
TAXES AFTER CLOSING.
10. POSSESSION: Possession shall be granted only upon passing of title to Buyer and recording of the Deed.
11. REAL ESTATE FEE/ COMMISSON: A real estate feel commission of 6% of the final net sales price shall be
payable only if and when the Closing has been completed and funds are disbursed. 1 % of the net sales price to be
paid to PMH Financial, LLC as the management fee, Net sales price is the Purchase price less any Seller allowances
for closing costs and lor repairs paid by Seller. Listing agent shall pay $50.00 management fee to REOTrans at
closing. A minimum of $2,500.00 will be paid in commission, split as follows: $1,000.00 to Listing Agent, $1,000.00 to
Selling Agent, $500.00 to PMH Financial, LLC.
ADDENDUM TO CONTRACT (Rev. April 2008) Page 4
rpOlr_PMH2cl
Seller's Initials
Buyer's Initials
Buyer's Initials
THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
A P,M..t}
COUNTER OFFER/ADDENDUM loan #
1621 18th Street Suite 100
Denver,CO 80202
Corporate (303) 467-8000
12. RISK OF LOSS: If during the pendency of this agreement and prior to Closing, any part of the Property is
damaged or destroyed by fire or other casualty loss and the cost of replacement or repair of damages is in excess of
five percent (5%) of the Purchase Price, Buyer and Seller may renegotiate the Purchase Price or terminate this
Contract. If this Contract is terminated, any earnest money shall be refunded to Buyer. NOTICE TO BUYER:
CONSULT YOUR INSURANCE AGENT PRIOR TO THE CLOSING DATE DUE TO THE UNIQUE REQUIREMENTS
OF THIS TYPE OF PROPERTY.
13. DEFAULT: Buyer and Seller are required and agree to make full settlement in accordance with the terms of this
Contract and acknowledge that failure to do so constitutes a breach hereof. If Buyer fails to make full settlement or is
in default due to Buyer's failure to comply with the terms, covenants and conditions of this Contract, the deposit can
be retained by Seller as liquidated damages pursuant to Paragraph 15 below. If Seller fails to make full settlement or
is in default due to Seller's failure to comply with the terms, covenants and conditions of this Contract, Buyer shall be
entitled to a return of any earnest money as its sole and exclusive remedy and to a cancellation of this Contract which
shall be rendered NULL and VOID. Subject to Section 14 below, in the event of any litigation or dispute between
Seller and Buyer concerning the release of the earnest money, the Broker, Title Company or Escrow Agent holding
any earnest money or other deposits or funds, sole responsibility may be met, at such person's option, by paying the
deposit into the court in which such litigation is pending, or by paying the deposit into a court of proper jurisdiction by
an action of interpleader. Buyer and Seller agree that, upon payment of the deposit into court, neither Buyer nor Seller
shall have any further right,
claim, demand or action against the depositing party regarding the release of the deposit. Nothing contained herein or
elsewhere in the Contract shall be construed to limit the applicability of Paragraph 14 below.
14. ARBITRATION CLAUSE: Any controversy or claim arising out of or relating to this Contract, or the breach thereof,
shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial
Arbitration Rules and judgment on the award rendered by the Arbitrator(s) may be entered in any Court having
jurisdiction thereof. The place of arbitration shall be a location acceptable to each of the parties. If a mutually
acceptable locale cannot be determined by Buyer and Seller, the locale will be determined in accordance with the
Commercial Arbitration Rules. The parties may, without waiving any remedy under this Contract, seek from any court
having jurisdiction any interim or provisional relief that is necessary to protect their rights or property, pending the
arbitral tribunal's determination of the merits of the controversy. Each party shall bear its own costs and expenses and
an equal share of the arbitral tribunal fees and administrative fees. The award shall be in writing, shall be signed by a
majority of the arbitrators in the tribunal, and shall include a statement regarding the reasons for the disposition of any
claim. Judgment on the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof.
Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of
any arbitration hereunder without the prior written consent of all parties.
15. LIQUIDATED DAMAGES PROVISION: Ifthe transaction described in this Contract fails to close strictly in
accordance with the terms of said Contract because of the failure or default of Buyer in the performance of Buyer's
obligation in accordance with said Contract, the Buyer's earnest money deposit and any additional deposits shall be
delivered to or retained by Seller as Seller's sole remedy and right to damages. Seller shall notify any Title Company,
Escrow Agent or Broker which may be holding any such earnest money or additional deposits in writing of such failure
or default by Buyer and the person holding such funds shall act without any further instruction by any party and is
hereby irrevocably instructed to act on such notice or request and shall deliver the earnest rnoney deposit and any
additional deposits to Seller without any further notice or consent from Buyer. The parties agree that Seller's actual
damages, in the event of the default of Buyer, would be difficult or impossible to determine. Therefore, said deposit
has been agreed upon after negotiations, as the parties' best estimate of Seller's actual damages.
16. LIMITATION OF DAMAGES: Buyer agrees that its sole and exclusive remedy in the event of any Seller default is
to terminate this Contract and to receive the return of any earnest money. Notwithstanding anything herein to the
contrary neither Seller nor Buyer shall be liable to the other for any special, consequential or punitive damages,
whether at law or equity.
17. INVALID PROVISION/SEVERABILITY: If any provision of this Contract is held to be illegal, invalid or
unenforceable under present or future laws, such provisions shall be fully severable, this Contract shall be construed
and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Contract; and,
the remaining provisions of this Contract shall remain in full force and effect and shall not be affected by such illegal,
invalid or unenforceable provision or by its severance from this Contract.
18. ADDITIONAL PROVISIONS: Seller recommends that Buyer, at Buyer's expense, have the property professionally
inspected prior to Closing. The inspections recommended include, but are not limited to the following: a SURVEY,
FLOOD CERTIFICATION, TERMITE LETTER, HOME WARRANTY, GENERAL HOME INSPECTION and a
STRUCTURAL REPORT. Unless specified below, Seller to pay for Home Warranty at a cost not to exceed $ 0
19. EXAMINATION OF TITLE COMMITMENT RECOMMENDED: Buyer acknowledges that at the time of execution
of this Contract, Seller advised Buyer in writing that Buyer should have the title insurance commitment covering the
property examined by an attorney of Buyer's own selection or that Buyer should be furnished with or obtain a policy of
title insurance.
ADDENDUM TO CONTRACT (Rev. April 2008) Page 5
rpOfr_ PMH2cl
Seller's Initials
Buyer's Initials
Buyer's Initials
THIS IS INTENDED TO BE A LEGALL Y BINDING AGREEMENT
READ IT CAREFULL Y
APMI-i
COUNTER OFFER/ADDENDUM Loan #
1621 18th Street Suite 100
Denver,CO 80202
Corporate (303) 467-8000
20. ENTIRE AGREEMENT: The Contract, this addendum and any addenda thereto contain the final and entire
agreement between the parties, and neither they nor their agents shall be bound by any terms. conditions,
statements, warranties or representations, oral or written, not herein contained. NO ORAL STATEMENT,
REPRESENTATION, PROMISE OR INDUCEMENT SHALL HAVE ANY VALIDITY NOR SHALL BE A PART OF
THIS CONTRACT. All covenants, promises, and understandings written herein survive the Closing. The parties to this
Contract mutually agree that it is binding upon them, their heirs, executors, administrators, personal representatives,
successors and assigns, if permitted as interpreted and construed in accordance with the laws of the State where the
property is located. It is further agreed that this Contract may be executed in counterparts, each of which when
considered together shall constitute the original Contract.
21. CONSULT YOUR ATTORNEY: Brokers can not give legal advice. This is intended to be a legally binding
Contract. READ
IT CAREFULLY. If you do not understand the effect of this Contract, consult your attorney BEFORE signing.
22. RELEASE: Buyer hereby releases, quitclaims and forever discharges SELLER, ALL AGENTS, their
SUBAGENTS, EMPLOYEES, and any OFFICER or PARTNER of anyone of them and any other PERSON, FIRM or
COMPANY who may be liable by or through them, from any and all claims, losses or demands, including, but not
limited to, personal injuries and property damage and all lead-based paint hazards, environmental hazards, any
defects in the individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any
other defects or conditions on the property. This release shall survive Closing.
23. Buyer shall be responsible for verifying sewer/septic connection. Seller makes no representation regarding
sewer/septic connection.
24. Buyer shall be responsible for energy retrofit and shall comply with the requirements for energy conservation
retrofit devices to be installed in the subject property.
25. Buyer and seller acknowledge that the subject property may be subject to rent control law. Buyer may need to
consult legal counsel and/or the rent control board to determine their rights and obligation under the law.
26. This counteroffer and Addendum to Purchase Contract is subject to Seller's receipt of Buyer's fully executed
Purchase Contract.
27. Please be advised that the Seller may be responding to multiple offers at once. Seller reserves the right to
accept or reject each offer. Only a complete Purchase Contract and Addenda, fully signed by the Buyer AND the
Seller, will convey Seller's acceptance.
28. Seller shall not be liable or bound by any verbal or written statements, representations, real estate broker
"set-ups' or information pertaining to the Premises furnished by any real estate broker, agent, employee, officer,
servant or any other person, including but not limited to any representation in any Multiple Listing or Internet Service,
unless the same are specifically set forth herein. All oral or written prior statements, representations, and promises, if
any, and all prior negotiations and agreements are superceded by this agreement and merged herein. The seller
reserves the right to immediately place the property on the market for sale to a third party without the consent or
release from the buyer herein.
This contract is subject to Mortgage Insurance Approval, Investor Approval. or Senior Management Approval.
29. The sale is contingent upon closing without the need for Seller to deposit funds to close. If funds are required by
the seller to close, Seller may terminate the transaction without liability or obligation to the buyer.
30. OTHER PROVISIONS: NIA
SELLER
BY:
BUYER:
TITLE:
BUYER:
DATE:
DATE:
SEE SUBSTITUTE EXECUTION PAGE
LISTING REALTOR CO-OPERATING REALTOR:
DATE: DATE:
ADDENDUM TO CONTRACT (Rev. April 2008) Page 6
rpOfr~.PMH2ct
Seller's Initials
Buyer's Initials
Buyer's Initials
Neighborhood Stabilization Program
Address: 5300 1 th PL SW
Folio Number: 36250440002
SUBSTITUTE EXECUTION PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this day of , 20_
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED: ~-~'~
ATTEST: l;'"
OW I G:t{f e: BROcI;<. Clerk
~:~c~
.t.......~,'.)~~) .
,: '."~ '
Approved as to form and
legal sufficiency:
~-a~
":S" ~ p...) N \ l="l tt. ~ ~ \,.. C
Assistant County Attorney
COUNTER OFFER/ADDENDUM Loan #
A PJY\Ji
THIS /S INTENDED TO BE A LEGALL Y BIND/NG AGREEMENT
READ IT CAREFULL Y
1621 18th Street Suite 100
Oenver,CO 80202
Corporate (303) 467-8000
THIS Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards is attached on a separate sheet
of paper to the Contract For Sale, between the undersigned Seller, and Buyer(s}.
LEAD WARNING STATEMENT
Every purchaser of any interest in residential real property on which a residential dwelling was built before 1978 is
notified that such property may present exposure to lead from lead-based paint that may place young children at risk
of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage,
including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead
poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is
required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections
in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or
inspection for possible lead-based paint hazards is recommended before purchase.
SELLER'S DISCLOSURE
1. Presence of lead based paint and/or lead-based paint hazards (check item a or b below):
_ a. Known lead-based paint and/or lead-based paint hazards are present in the housing.
If checked, the following explanation is provided:
_ b. Seller has no knowledge of lead-based paint and/or lead based paint hazards in the housing.
2. Records and reports available to Seller (check item a or b below):
_ a. Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or
lead-based paint hazards in the housing. If checked, the following documents were provided:
_ b. Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the
housing.
BUYER'S ACKNOWLEDGMENT
BY BUYER'S EXECUTION BELOW, BUYER ACKNOWLEDGES THAT:
1. Buyer has read the Lead Warning Statement above and understands its contents, and has received copies of all
information listed above.
2. Buyer has received the pamphlet Protect Your Family from Lead in Your Home.
3. Buyer has either: (check a. or b.)
a. received a 5-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
b. 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
BY AGENT'S EXECUTION BELOW, AGENT ACKNOWLEDGES THAT:
Agent has informed Seller of Seller's obligations under 42 U.S.C. ~4852d and is aware of his or her responsibility to
ensure compliance.
CERTIFICATION OF ACCURACY
The following parties have reviewed the information above and certify, to the best of their knowledge, that the
information they have provided is true and accurate. Each of the following parties has duly executed and delivered
this attachment before the execution and delivery of the above-referenced contract of even date herewith.
SELLER AGENT
BY
AGENT
BUYER
SEE SUBSTITUTE EXECUTION PAGE
BUYER
ADDENDUM TO CONTRACT (Rev. April 2008) Page 7
rpOIr PMH2ct
Seller's Initials
Buyer's Initials
Buyer's Initials
Neighborhood Stabilization Program
Address: 5300 17th PL SW
Folio Number: 36250440002
SUBSTITUTE EXECUTION PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this day of ,20_
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED: <8 -C75~rf1-
"If "(. "\ ~i, ),~
ATTES'T"~""":"}:"A '.
>.;.. . -',/I .
DV:JIGHT E. 8~~.~, Clerk
~.....'.~~(
.," ,-'. \u.....
. ,'. ., > lerk
~."...~. :..-
I'......' .....
BOARD OF CO NTY COMMISSIONERS
COLLIER CO ,FLOR:d.
la, Chairman
Approved as to form and
legal sufficiency:
~-eU~
:r~NN, ftrt. B. ~ '''-f
Assistant County Attorney
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 5300 1 ih Place SW
Folio Number: 36250440002
ADDENDUM TO "AS IS" CONTRACT FOR SALE AND PURCHASE
AND NATIONSTAR MORTGAGE. LLC COUNTER OFFER & ADDENDUM TO
PURCHASE CONTRACT
THIS ADDENDUM is entered into by and between NATIONSTAR MORTGAGE, LLC, 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 Nationstar Mortgage, LLC Counter Offer & Addendum
to Purchase Contract attached thereto, both 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 Nationstar Mortgage, LLC Counter Offer &
Addendum to Purchase Contract, and this Addendum to "As Is" Contract for Sale and Purchase and Nationstar
Mortgage, LLC Counter Offer & Addendum to Purchase Contract 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 $78,500.00 with no escrow deposit as stated in Items 1 and 2 of the first
paragraph of the Nationstar Mortgage, LLC Counter Offer & Addendum to Purchase Contract.
3. Item 3 of the first paragraph of the Nationstar Mortgage, LLC Counter Offer & Addendum to
Purchase Contract is revised to reflect that the closing date shall be August 31, 2009.
4. The fourth sentence of Item 3 of the first paragraph of the Nationstar Mortgage, LLC Counter Offer &
Addendum to Purchase Contract, as it relates to per diem additional deposits, is eliminated in its entirety.
5. Sub-paragraph A of Paragraph 2 of the Nationstar Mortgage, LLC Counter Offer & Addendum to
Purchase Contract is deleted in its entirety, and the requirement for initials is waived.
6. Sub-paragraph B of Paragraph 2 of the Nationstar Mortgage, LLC Counter Offer & Addendum to
Purchase Contract is accepted by Buyer, and the requirement for initials is waived.
7. The "Termite Acknowledgement" at the top of Page 2 of the Nationstar Mortgage, LLC Counter Offer
& Addendum to Purchase Contract is revised to reflect that Buyer is responsible for any termite inspection
required, and the requirement for initials is waived.
8. Sub-paragraph A of Paragraph 3 of the Nationstar Mortgage, LLC Counter Offer & Addendum to
Purchase Contract is revised to reflect that the contract for sale is a cash transaction with no contingencies for
financing, and the requirement for initials is waived.
9. The second sentence of Sub-paragraph B of Paragraph 3 of the Nationstar Mortgage, LLC Counter
Offer & Addendum to Purchase Contract is revised to reflect that the Seller is responsible for payment of
Documentary Stamp Taxes due at the time of closing, and the requirement for initials is waived.
10. The first sentence of Sub-paragraph B of Paragraph 4 of the Nationstar Mortgage, LLC Counter
Offer & Addendum to Purchase Contract is revised to reflect that "Seller shall furnish to Buyer the Title
Commitment of the Title Company and legible copies of any documents creating title exceptions at least two (2)
weeks prior to Closing".
11. The first sentence of the second paragraph of Sub-paragraph B of Paragraph 4 of the Nationstar
Mortgage, LLC Counter Offer & Addendum to Purchase Contract is revised to reflect that Seller shall provide
Buyer a Special Warranty Deed.
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 5300 1 ih Place SW
Folio Number: 36250440002
12. The second paragraph of Sub-paragraph B of Paragraph 4 of the Nationstar Mortgage, LLC
Counter Offer & Addendum to Purchase Contract is revised to add that "Seller shall also furnish a Corporate
GAP Affidavit and Non-Foreign Certificate, and a Public Disclosure Affidavit as required by Florida law. Copies
of the aforesaid documents and a final HUD Settlement Statement, all as executed by Seller, shall be furnished
to Buyer at least two (2) weeks prior to Closing. The Settlement statement and closing documents are subject
to approval by Buyer for form and legal sufficiency".
13, The notation "N/A" in the blank line of Paragraph 5 of the Nationstar Mortgage, LLC Counter Offer
& Addendum to Purchase Contract is acceptable, and any requirements for initials are waived.
14. Paragraph 8 of the Nationstar Mortgage, LLC Counter Offer & Addendum to Purchase Contract
shall be revised to add that, "The Seller shall not assign the Contract for Sale and/or this Addendum".
15. Paragraph 9 of the Nationstar Mortgage, LLC Counter Offer & Addendum to Purchase Contract
shall be revised to add that "Buyer and Seller agree to prorate real property taxes, assessments and municipal
water and sewer charges, if any, with Buyer responsible for date of closing".
16. Paragraph 20 of the Nationstar Mortgage, LLC Counter Offer & Addendum to Purchase Contract
shall be revised to add that "Any and all provisions of the Nationstar Mortgage, LLC Counter Offer & Addendum
to Purchase Contract are revised to comport with Paragraph 1 of this Addendum".
17. The notation "N/A" after Paragraph 30 "Other Provisions" of the Nationstar Mortgage, LLC Counter
Offer & Addendum to Purchase Contract is acceptable, and any requirements for initials are waived.
18. The notation "See Substitute Execution Page" at the bottom of Page 6 and Page 7 of the
Nationstar Mortgage, LLC Counter Offer & Addendum to Purchase Contract is acceptable, and any
requirements for initials are waived.
19. Any and all requirements for Seller's and/or Buyer's initials at the bottom of all pages of the
Nationstar Mortgage, LLC Counter Offer & Addendum to Purchase Contract 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 10F
DATED~.t~~~~l)q
,:: " ....;,".
PURCHASER:
ATTEST:-" "'~~-',
DWI6HTiE. BROC~.:Cterk
.,. ,~,' '. ..:j': '.~ - ~(),(
.
A(tistDMU '
.............
TY COMMISSIONERS
, FLORIDA
Approved as to form and legal sufficiency:
Jennife
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 5300 1 ih Place SW
Folio Number: 36250440002
DATED:
SELLER:
NATIONSTAR MORTGAGE, LLC
BY:
PRINT NAME:
TITLE:
MEMORANDUM
Date:
August 25, 2009
To:
Gary Bigelow,
Property Acquisition Specialist
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
"As Is" Contract for Sale & Purchase
Seller's Counter Offer(s) and Addendum(s)
Neighborhood Stabilization Program
Address: 5300 17th Place SW
Attached is the original "As Is" Contract for Sale & Purchase and the additional 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 DOCUl\ilENTS CHECKLIST & ROUTING SLIP
. TO ACCOMPANY ALL. ORIGINAL DOCUMENTS SENT. TO
TEE BOARD OF COUNTY COM1VfISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. A.tt1ch to origin;tl doo:n:=1t: Original doo'lTI('TltS.ili.ou1d be hand delivered to rh.e Board Office. Thccompl.cto:i fOtlting slip ;!.Qd original
rI"""""~1! are to befurwmtoito the BoardOf1ic:: only ~t'le Boant has tab:n.actiott.OIl rb.e item..) . .. ..
.. . . '. ROUTING SLIP . ': .
..Complete rottting lines #1 tflrough #4 as approprian: fur .Mirimo[ ~~~, and/or infarmation neo:U:d..1f the ~'is a1r=1y complete with rh.e
dOll oftbe ~'ui dnwa line tl1:ron roarin lines #1 cbrou #4, Jete. the d1ecl:ti.st; md forward to Sue- MIsan (line #5).
Route to Addressee(s) . Office Initials. Date
(I.i.st in routin order)'.:."...
L
PRIMARY CONTACT-INFORMATION
(The primary c:ou.t:Ict is the bo.ld.c:r of the originat docmac1t pending Bee approval. Nar:tim1Iy the primary COI1t:lCt is We pClSon who c:rc:w:dIJm:pared the executive
summary. Primary COI1C1l:t iufomwion is n=dJ::d in the ew:nt ODe of the lIdd.re:uce:s :1bove, including' Sue filson.. aced to cpl1t:lCt sraff for ouldidcmal or missing
iDfarmaticm. All origiDlLl doc:umcn13 Deeding the Bee ClWrmouz's signalUl'l::llC co be delivered CO the Bee office only afo:r the Bee bas ou:n:d to approve the
item.)
Name of Primary Staff
eontact
Agenda Date Item wa:s
ved b the BCe
Type of Document
Attached
. .
.. .:
2.
3.
4.
..-----
--
~/
5.' . ecutive Manager
(AN 1',of'TC.tI&C ~
6, Wnutes and Records
Board of' County Commissioners
aerie of Court's Office
Number of Original
Documents Attached
Phone Number
Agenda Item Number
Cj'-PI
(10).) 1/2. tI:/t.,( IfDtJe N)iJ1+
INSTRUCTIONS & CHECKLIST
Initial. the Yes column or mark '"N/A" in the Not Applicable column.. whichever is
1.. Original document has been signedf'mitialed fOr legal sUfficiency, (All documents to be
signed by the. Chairman. with the exception ot most letters:, must be reviewed and signed
oy the Office of the County Attaney, 'I'his iacludes signacu.rc pages from orcfina.nccs.
resolutions. etc. signed by the Coopty Attorney's Office and signature pages from
contracts. agreements, etc. that have been fully executed by all parties except the BCC
Chairman and CIeri: to the Board and ssib! State Officia..ls,)
2. All handwritten.strike-tbrongb and revisions have been initialed by the County 4ttomey.' s
Office and all other arties e t the BeC Cbairm.an and the Oerk: to the Board
3, The Chainpan's.signature line date has been entered as the date of BCC approval of the
document or the final De tia.to::i contract date whichever is licable.
4. "'Sign here" tabs arc placed on the appropriate pages indicating where the Chairman's
si. and initials are r
5, In rOost Cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCe office within 24 hours orBCC approval.
Some documents arc time sensitive and reqtt:irc forwarding to Tal.Iah.assee within a. certain
t:ime frame or the BCC's actions are nulli:fied. Be ware of our deadlines!
6, Tbe docament was approved by the Bee 011' l (enter date) and all changes
mat:Ie du.rmg the meeting have been incorporated in the attached document. The
Coon .Attorn IS Office has reviewed the es, if a licable..
1: Forms! Counry.Fanml Bee 'FarrmI Origi=! Documau:s RDwing Slip WWS Origin41 9.03.04, Rt::vised 1.26.05. Rcmed 2..24.05
-----;)
K cftJ13
lor
2-
Yes N/A(Noc
(Initial) liable)
fl3
~
~~
i/7~--
, fiJ /r-
~