Addendum #2
Neighborhood Stabilization Program
Address: 2560 47th Ave NE, Naples, Florida 34120
ADDENDUM
THIS ADDENDUM is entered Into by and between BAC Home Loans Servicing LP, F/K/A
Countrywide Home Loans Servicing LP, a Texas Limited Partnership, as servidng agent and
attorney in fact for Wells Fargo Bank, N.A. as Trustee on Behalf of the Harborview 2006-12 Trust
Fund, Seller, and COLUER COUNTY, a Political Subdivision of the State of Florida, Purchaser.
Purchaser and Seller entered into that certain Purchase and sale Agreement effective as of
August 10, 2009 and executed by Purchaser on August 12, 2009 (the "Agreemenn. Purchaser
and Seller wish to amend the Agreement with the following terms and conditions:
1. Paragraph 2(a) of the Agreement is revised to provide that, notwithstanding
any other provisions of the Agreement, Earnest Money shall be delivered to the account
of Title on or before September 4, 2009.
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 executed this Addendum as of the
dates hereinafter stated.
Date property acquisition approved by BCC:
~::D~4, '2r~~~
PUR.CHASER:
ATTEST:
DWIGHT E.BR,<:>c:,K, Clerk
_C "'-
COMMISSIONERS
I LORIDA
BY:
SELLER:
BAC Home Loans Servicing LP, F/K/A
Countrywide Home Loans Servicing LP, a
Texas Limited Partnership, as servicing agent
and attorney in fact for Wells Fargo Bank,
N.A. as Trustee on Behalf of the Harborview
2006-12 Trust Fund
By: Wh }QtW(~
Kellie Mavrolas
Its: Asset Manager
c~!~ County
-.... ",---""
- ~ -
Public Services Division
Housing & Human Services
MEMORANDUM
TO:
FROM:
DATE:
RE:
Neighborhood Stabilization Program Fife
Frank Ramsey - Housing Manager
August 26, 2009
2560 47th Avenue NE, Naples, FL 34120
In order to achieve the policy objectives of the Neighborhood Stabilization Program Administrative Plan, approved by
the Board of County Commissioners on March 24, 2009, the following actions have been taken to ensure the
payment of deposits for the acquisition of real property conform with program guidelines and are legal and
authorized:
1. Prior to payment in full for the acquisition of real property located at 2560 47th Avenue NE, Naples, Fl34120,
a supplemental appraisal shall be prepared dated September 9,2009, which states "Effective September 9,
2009, the subject property has been vacant at least ninety (90) days"; and
2. The Agreement for Safe and Purchase has been negotiated to ensure the closing date and transfer of
ownership from seller to Collier County occurs at least ninety (90) days from the lender obtaining a certificate
of title through foreclosure proceedings; and
3. County staff has developed amended policy language to comply with the Neighborhood Stabilization
Program and Uniform Relocation Act.
Please accept this memorandum as sufficient evidence that the payment of a deposit in the amount of $2,835.00 for
property located at 2560 47th Avenue NE, Naples, Fl34120 conforms to program guidelines and is legal and
authorized.
-F~n~
Housing Manager
Housing 0
Hu~an Services
or Coller CounTy
CdIerCwty Housi1g and HIJI'lm SeM:es . 239-252-CARE (2273) . 239 252-HOME (4663) . www.coIliergov.neVhumanservices
Board of County Commissioners
Purchasing Department
3301 Tamiami Trail E
Naples. Florida 34112
Tax Exempt: 85-801262183OC-2
Send all Invoices to:
(f)
Board of County Commissioners
Attn: Accounts Payable
PO Box 413016
Naples, Florida 34101-3016
Purchase Order number must appear on all related
correspondence, shipping papers and Invoices:
Purchase order
PO Number 4500109351
Date 08/17/2009
Vendor" 119475
BERMAN RENNERT VOGEL & MANDLER PA
100 SE 2ND ST. STE 2900
MIAMI FL 33131
Contact Person Housing Service
Please deliver to:
REAL PROPERTY MANAGEMENT
GENERAL SERVICES BUILDINGIW
3301 TAMIAMI TRAIL E
NAPLES FL 34112-3969
Delivery Date:
..' )l"\ 0 ,~- - ,S- 7 1 Z':5-j
Terms of Payment
Net 30 Days
Currency
USD
Item Material
Description
2560 47th Ave NE
Quantity still to be delivered
Order Qty Unit
2,835 each
Price Per Unit
1.00
Net Value I
2,835.00
00010
Oeach
BCC 3-2~ item 10F Closing deposit 8-21-09 wiring instruction insluded Acutal closing 9-18-09 Please notify Jacquelyn
at 5271 and Pat at 8991 when wiring is complete.
Item completely delivered ...
Total net value excl. tax USD
2,835.00 I
VENDOR Terms and Conditions
The VENDOR agrees to comply with ali Purchase Order Terms and Conditions as outlined on the Collier County Purchasing Internet site:
http://www.coliiergov.netllndex.aspx?page=762 (revision date 01122/2008), including delivery and payment terms. Further the VENDOR agrees to:
1. Provide goods and services outlined in this Purchase Order with the prices. terms, delivery method and
specifications listed above.
2. Notify department Immediately if order fulfillment cannot occur as specified.
3. Send all invoices to:
Board of County Commissioners
Attn: Accounts Payable
PO Box 413016
Naples, Florida 34101-3016
The Purchase Order is authorized under direction of Collier County Board of County Commissioners by:
k 'd ,~.2 Stephen Y. Carnell, General Services 1 Purchasing Director
Printed Tue Aug 18200913:34:12 GMT-0400
121-138755-884300-33050.2.23
Page 1 of 1
COLLIER COUNTY
REAL PROPERTY
HOUSING AND HUMAN SERVICES
3301 E Tam;ami Trail, Naples, Florida 34112
Date: Neighborhood Stabilization Program (NSP)
Purchase Order Request
Direct Pay Request
Account String: /1 / I 'J (:'751)' s s- r..; '1 () r) -33 ()5 0.'2. :2.3 BCC Approval Information
r.: )1 .,..Date Approved: 3/24/2009
PO Number: -;//)" - (:rl,,~;s- / ! 0/ 9 ~ (p..:) Agenda Items: 10E & lOF
AMOUNT:
PAYEE
VENDOR NAME
VENDOR NUMBER
CLOSING,DATE
SUBJECT PROPERTY
STREET ADDRESS
CITY. STATE, ZIP
OFFER INFORMATION
CONTRACT PRICE
OFFER DATE
ACCEPTANCE DATE
REAL PROPERTY
REQUESTED BY
PRINT NAME
DATE
HHS
APPROVED BY
PRINT NAME
DATE
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COLLIER COUNTY
REAL PROPERTY
HOUSING AND HUMAN SERVICES
3301 E Tamiami Trail, Naples, Florida 34112
DOCUMENT CHECKLIST
CONTRACT DEPOSIT
PROPERTY REQUIREMENTS Real Property HHS
Property is located in zip code 34112, 34116 or 34120 ~lJz/e
Purchase price does not exceed $150,000 /~'
Initial Below
CONTRACT REQUIREMENTS
All documentation is signed and dated
Any special conditions/requirements have been satisfied
All documentation is fully executed and has not expired
Contract extension less than 6 months approved by Purchasing
Contract extension greater than 6 months approved by BCC
Purchase Agreement executed with Bank/Lender holding title
COA approved Purchase Agreement for form and legal sufficiency
Letter of Federal Funding issued to Bank/lender
Purchase approved by HHS Director or Designee
Initial Below
Real Property HHS
I..
APPRAISAL REQUIREMENTS
Appraisal loaded in SAP
Sales price discounted at least 5% from appraised value
Appraisal state property vacant 90 days
Appraisal completed within 60 days of offer to purchase
Initial Below
Real Property H S
PROGRAM CERTIFICATIONS
The following program requirements have been completed, validated and documented.
The subject property has been inspected by HHS.
Sign Below
Print Name
An Environmental Review has been completed by HHS.
TO KE TV}?)..I JY/'iY> ~()/m
Print Name /t-[t('(.Ji S Illl)/\-' i21'Q veST--
Real Property has reviewed the title commitment prepared by a licensed title
company, which has examined titre to the subject property. "7Z) '7:, (3 1"//<:.'"'/1.../ I S/j'ffJ IVi tJj
Print Name f.J("q U I~ J /1tW 'J?-'7cp vc> /-
COLLIER COUNTY
REAL PROPERTY
HOUSING AND HUMAN SERVICES
3301 E Tamiami Trail, Naples, Florida 34112
ATIACHMENT LIST
CONTRACT DEPOSIT
REQUIRED ATIACHED TO TO BE SENT WITH
ITEMS THIS REQUEST CLOSING CHECK REQUEST
1. Fully executed Purchase Agreement ~?/??
2. Agreement addendum (if applicable) ;... y 11-
3. Letter of Federal Funding (URA)!A:-iPf J-hPtO) /Y)C
4. Property Appraisal Lf!l(?
S. Closing Statement /JIZ..
6. Wire Instructions ~.
7. Form W-9 ':j1~'
8. Zero Dollar Change Order (if applicable) {.I/If-
9. Evidence of HHS approval of offer made ','I//
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EARNEST MONEY
ADDENDUM TO PURCBASE AGREEMENT
nus ADDENDUM TO PURCHASE AGREEMENT i. dated III oftbe 10 day of August. 2009, by and
between BAC HOME LOANS.SERVICING LP, FIKIA COUNTRYWIDE HOME LOANS
SERVICING LP, a Texas Limited Partnersbi~ whose address is 400 Countrywide Way, Sind
Valley. Califomia 93065 as servicing agont and attomey in fact for Wells Fargo Bank, N.A. as
Trustee on Behalf of the Harborview 2006-12 Trust Fund (hereinafter called "Se11ef"), (b.ereinafter
called "Purchaser'''), and Berman. Rennert, V oael and Mandler (hereinafter called "Escrow Agent),
amendiD~ that certain Purchase Aarcement between tho Parties of even date herewith.
I) Escrow AgeDt acknowledscl that upon receipt of carnett money in the amount of $2,835,00
pIJI'8Ull1lC to the Real Bstatc Purobasc Agreement dated August 10, 2009, entered into between
Seller and Purchaser ("Purcl:wo Agreement") the Bacrow Agent .hall send written
acknowledgement of receipt offunds to the Soller and Purchaser. Escrow Aaent shall hold in a
non-interest bearing account pursuant to taxpayer information provided to Escrow Agent by
Purchaser.
2). If Purcbascr cance1s the Purohase Agreement, Purchaser must give written notice to Bscrow aud
Seller. If Escrow Agent docs not receive a wrltttID objection from Seller within a fivo (S) .
business day period after the date of Purchascr's written notice. then Escrow Agent shall disburse
the cantest money to Purcbaser. If Escrow A8ent receWes a written objection fi'om Soller within
such five (5) business day period, Escrow Apnt sball continuo to hold the camcst money until
Escrow Agent rcc:ciwa joint written iustructi011l from Seller and PurcbllBCl' regarding
di$bur8cmcut f,)f the camest money or until Escrow Agent receives a final order from a court of
competent jurisdiction directing Escrow Agent to release the earn.est money.
3) Wherever in this Agreement it sbal1 be m{Uiml that notic.e or demand be given by either Party to
this Agreement to the other. such notice or dcmaod shaD not be deemed given or served unless in
writing and forwarded by (i) rqiatcred or certified mail, PostaF prepaid. (it) by reputable
overnight counCIl" such as Federal Express, Airborne or others, or (Ui) by facsimile, addressed as
fonows:
To Seller at:
BAC Home Loans Servicing LP, FIK/A Countrywide Home Loans
Servicing LP, a Texu Limited Partnership
400 Countrywide Way. SImi Valley, CA 9306S
Attn: Real Estate Management - NSP
To Purchaser at:
Collier County, a Political Subdivision of the State of Florida
330rTamiami Trail East
Naplca, FL 34112
Attn: Gary Bigelow
To Escrow Agent at:
Bermaa. Rennert, Vogel and Mandler
100 SE 2'" Street - 29" FIr
Miami, FL 33131
Attn: Scott Levine.
The date ofnotJco shall be the date deposited in the U.S. Mail, with an overnight delivery service, or sent
by facsimile.
Addet;ldum - Page 1
tJ (', /~j- _
4) The sole duties of &crow Apal aba1J be thole delcribcd hcRiD. 8Dd BIcrow Aaaat shan be
UDda' DO obliption 10 cIehn1iDe wbetber the ather partia hereto an complyiDs with any
requirerneDta of law of t1ID ta:m8 and eoDditiona 01 any other agrameotl aIDODI said parties.
Bacrow Aaentmay CCJIICIusiwly rely upoa IIIId shaD be protected in actiDg upon any notice,
CODIeD1, order or other ~ bellcM:d by it to be plIIDiDe II1d. to have boea siped or
prclICIltEld by the proper Puly or parties, CODIistaIc with I'CIIODable due diQpce on Eaerow
Apt's part. E8cr0w Apat may CODIUIt the advico of oounsel with. respect to any issues
CClIlCCI'DiD8 Iho interpretatIoa of its duties hcnunder PmdBer aDd Seller lJeIeby acJcnOwledge
such fact and bu1emP;fy aDd hold harmIca Escrow Agent from any action takeo by it in &OOd
faith in Rl1iance thereoa. Escrow Aput abaI1 have DO duty ex' Ulbility to verifY any such notice,
conscat, onIe:r or other document, and ita sole RI8pOll8fbflity shall be to act .. exprCasly set forth
in this AgreemcnL Escrow Apat abeU be under DO obliption to institu1c or defend any action,
suit or prnr-d"8 in CClIDiectio8 with this ApJemcmt If any dispute arises with respect to tho
diBbuncment of any DlODieI, Bscrow A&art may CODtinuo to hold the SIIDC or 00ftI1NMCe an
1ICti0ll in intCIp1eadCr and in COIlDIlCtioo 1Iacrcwith n:mit the same to . COUll of c:ompetont
juri8didion peudiq nl8Olution of such dispute. ad the Parties hemo hen=by incJeamjfy IPi hold
barmleu BICIOW Ageat fOl' my action takIIIl by it in good faith ill tho aecudon of its duties
bereundcr. The ParticI .. dIRt dun. may oxiIt a po_tial 00DtJict of inCeteIt between the .
duties and obliptio.aa of Ba:crow Apnt punuant 10 dUa Agrec:meDt and as iusuR:r of the dtJc to
the property after sale &om Soller to Purchaser. The Parties hereto acknowledge such potcmtiaI
coaflict ancIlnMmnily IDd hoW bamdea Bscrow Apat ftoom any c1aim of jnt.eJat Irisin, as 8
resoIt of the cxerciae of its duties hereunder and iD determhtina whether it C8.D ,pvo ita irrcvoc:ablc
commitment to iDaure titJe.
By:
SELLER:
BAC HOME LOANS RRVlClNG LPt"
FIKIA COUNTRYWIDE HOME WANS
SERVICING LP, a Texas Limited
Partncnhip. whose adc:1ress is 400
CoUDtrywide Way, Simi Valley, California
93065 as 8C11'Vidnl ascot and attorney in fact
for Well. Fargo Bank, NA as Trustee on
BebaIf of tho HarborYiew 2006-12 TTDSt
Puad
~~U~
KClJie MaYrolas
Aaset Mauapr
Its:
PURCHASER:
Collier Couaty,
A Political Subdivision oftbe State of Florida
ESCROW A
*
:
:-- ; V~r~lI
Soott uje -V
Addendum - Page 2
EARNEST MONEY
ADDENDUM TO PURCHASE AGREEMENT
THIS ADDENDUM TO PURCHASE AGREEMENT is dated as of the 10 day of August, 2009, by and
between BAC HOME LOANS SERVICING LP, F/K/A COUNTRYWIDE HOME LOANS
SERVICING LP, a Texas Limited Partnership, whose address is 400 Countrywide Way, Simi
Valley, California 93065 as servicing agent and attorney in fact for Wells Fargo Bank, N.A. as
Trustee on Behalf of the Harborview 2006-12 Trust Fund (hereinafter called "Seller"), (hereinafter
called "Purchaser"), and Bennan, Rennert, Vogel and Mandler (hereinafter called "Escrow Agent"),
amending that certain Purchase Agreement between the Parties of even date herewith.
1)
Escrow Agent acknowledges that upon receipt of earnest money in the amount of $2,835.00
pursuant to the Real Estate Purchase Agreement dated August 10, 2009, entered into between
Seller and Purchaser ("Purchase Agreement") the Escrow Agent shall send written
acknowledgement of receipt of funds to the Seller and Purchaser. Escrow Agent shall hold in a
non-interest bearing account pursuant to taxpayer infonnation provided to Escrow Agent by
Purchaser.
/
If Purchaser cancels the Purchase Agreement, Purcha~r must give written notice to Escrow and
Seller. If Escrow Agent does not receive a writtt'n objection from Seller within a five (5)
business day period after the date of Purchaser's w~'iten notice, then Escrow Agent shall disburse
the earnest money to Purchaser. If Escrow Agen~ receives a written objection from Seller within
such five (5) business day period, Escrow Age~t shall continue to hold the earnest money until
Escrow Agent receives joint written instrUctions from Seller and Purchaser regarding
disbursement of the earnest money or until Escrow Agent receives a final order from a court of
competent jurisdiction directing Escrow Ag~t to release the earnest money.
!
Wherever in this Agreement it shall be required that notice or demand be given by either Party to
this Agreement to the other, SUChnott~' ce br demand shall not be deemed given or served unless in
writing and forwarded by (i) registe d or certified mail, postage prepaid, (ii) by reputable
overnight courier such as Federal Ex ress, Airborne or others, or (iii) by facsimile, addressed as
follows: ;'
2)
3)
To Seller at
;'
BAC Ho~e Loans Servicing LP, F/K/A Countrywide
ServicinwLP, a Texas Limited Partnership
400 Cou,htrywide Way, Simi Valley, CA 93065
Attn: R'eal Estate Management - NSP
l
Home Loans
To Purchaser at Colli.tr County, a Political Subdivision of the State of Florida
330VTamiami Trail East
Naples, FL 34112
Attn: Gary Bigelow
To Escrow Agent at: Berman, Rennert, Vogel and Mandler
100 SE 2nd Street - 29111 FIr
Miami, FL 33131
Attn: Scott Levine
The date of notice shall be the date deposited in the U.S. Mail, with an overnight delivery service, or sent
by facsimile.
Addendum - Page I
4) The sole duties of Escrow Agent shall be those described herein, and Escrow Agent shall be
under no obligation to determine whether the other parties hereto m-e complying with any
requirements of law of the ten1JS and conditions of any other agreements among said parties.
Escrow Agent may conclusively rely upon and shall be protected in acting upon any notice,
consent, order or other document believed by it to be genuine and to have been signed or
presented by the proper Party or paJties, consistent with reasonable due diligence on Escrow
Agent's part. Escrow Agent may consult the advice of counsel with respect to any issues
conceming the interpretation of its duties hereunder Purchaser and Seller hereby acknowledge
such fact and indemnify and hold harmless Escrow Agent from any action taken by it in good
faith in reliance thereon. Escrow Agent shall have no duty or liability to verify any such notice,
consent, order or other doctunent, and its sole responsibility shall be to act as expressly set forth
in this Agreement. Escrow Agent shall be under no obligation to institute or defend any action,
suit or proceeding in connection with this Agreement. If any dispute arises with respect to the
disbursement of any monies, Escrow Agent may continue to hold the same or commence an
action in interpleader and in connection therewith remit the same to a court of competent
jurisdiction pending resolution of such dispute, and the Parties hereto hereby indemnify and hold
harmless Escrow Agent for any action taken by it in good faith in the execution of its duties
hereunder. The Parties agree that there may exist a potential conflict of interest between the
duties and obligations of Escrow Agent pursuant to this Agreement and as insurer of the title to
the property after sale from Seller to Purchaser. The Parties hereto acknowledge such potential
conflict and indemnify and hold harmless Escrow Agent from any claim of interest arising as a
result of the exercise of its duties hereunder and in determining whether it can give its irrevocable
commitment to insure title.
SELLER:
By:
BAC HOME LOANS SERVICING LP,
F/K/A COUNTRYWIDE HOME LOANS
SERVICING LP, a Texas Limited
Partnership, whose address is 400
Countrywide Way, Simi Valley, California
93065 as servicing agent and attomey in fact
for Wells Fargo Bank, N.A. as Trustee on
Behalf of the Harborview 2006-12 Trust
Fund
~/~ U(\~f~~
Kellie Mavrolas
Asset Manager
Its:
PURCHASER:
Collier County,
A Political Subdivision of the State of Florida
*See substitute si2nature pa2e attached hereto*
ESCROW AGENT:
Berman, Rennert, Vogel and Mandie
By:
Scott Levine
Addendum - Page 2
Project: Neighborhood Stabilization Program
Folio Number: 39834480003
Property Address: 2560 4ih Ave NE, Naples, 34120
Document: Earnest Money Addendum
SUBSTITUTE SIGNATURE PAGE
Date property acquisition approved by BCC: March 24, 2009, Item 10F
, AS TO PURCHASER:
DATED: tg/J;;1.J 0'1
I
ATTEST:
DWIGHT,E'lj3'ROOK, Clerk
. ,~"F^~:'~:: ",' , :'\: '
'''''~~ ~_\
':: ';',.' ' , , e ,LJty
a(-m.','.,e..,,;'
...0'>4,. ,.'f, ~,~::l"~ ,
'L Ii ~:. ~~iU '~\\'~ .
BOARD OF CO NTY COMMISSIONERS
COLLIER CO TY, FLORIDA/ _.
~~~
la, Chairman
Approved as to form and
legal sufficiency:
~'vV~
Jenfl er S, WhIte
Assistant County Attorney
Its: Vice President
LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978
TO PURCHASE AGREEMENT BETWEEN
BAC HOME LOANS SERVICING LP, F/K/A COUNTRYWIDE HOME LOANS
SERVICING LP, a Texas Limited Partnership, whose address is 400 Countrywide Way, Simi
Valley, California 93065 as servicing agent and attorney in fact for Wells Fargo Bank, N.A. as
Trustee on Behalf of the Harborview 2006-12 Trust Fund, AS SELLER
AND
Collier County, a Political Subdivision of the State of Florida ,AS PURCHASER
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. Seller of any interest in residential real property is required to provide the purchaser with any
information on lead-based paint hazards from risk assessments or inspections in Seller's possession and
notify the purchaser 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 items a or b below):
a. Known lead-based paint and/or lead-based paint hazards are present m the
housing. If checked, the following explanation is provided:
b. X 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 Purchaser with all available records and reports pertaining to
lead-based paint andlor lead-based paint hazards in the housing. If checked, the following
documents were provided:
b. _ X_ Seller has no reports or records pertaining to lead-based paint and/or lead-based
paint hazards in the housing.
PURCHASER'S ACKNOWLEDGMENT
I . Purchaser has read the Lead Warning Statement above and understands its contents, and has
received copies of all information listed above. .
2. Purchaser has received the pamphlet Protect Your Family from Lead in Your Home.
3. Purchaser has either (check one of the boxes below):
Addendum - Page 3
k8J
received a 1 O-day opportunity (or mutually agreed-upon period) to conduct a tisk
assessment or inspection for the presence of lead-based paint and/or lead-based
paint hazards; or
waived the opportunity to conduct a risk assessment or inspection for the presence of
lead-based paint and/or lead-based paint hazards.
o
SELLER:
RAC HOME LOANS SERVICING LP,
F/KJA COUNTRYWIDE HOME LOANS
SERVICING LP, a Texas Limited
Partnership, whose address is 400
Countrywide Way, Simi Valley, California
93065 as servicing agent and attorney in fact
for Wells Fargo Bank, N.A. as Trustee on
Behalf of the Harborview 2006-12 Trust
Fund
By . ~4 JJwfltwY
Ke lie Mavrolas
Its: Asset Manager
PURCHASER:
Collier County,
A Political Subdivision of the State of Florida
*See substitute silznature pag:e attached hereto*
Addendum - Page 4
Project: Neighborhood Stabilization Program
Folio Number: 39834480003
Property Address: 2560 4 ih Ave NE,' Naples, 34120
Document: Lead Paint Addendum
SUBSTITUTE SIGNATURE PAGE
Date property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED: ~//:2l oq
ATTEST:
DWIGHTE, ,~_f3.oPK, Clerk
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'It" IWN .Qt)I':"
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, . ('il~;~;.' ::" :il. ~ .:>"
Approved as to form and
legal sufficiency:
~\}}O.~
Jennif B. White
Assistant County Attorney
Group ID No.~d-Cl1t)
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made between HAC
HOME LOANS SERVICING LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING
LP, a Texas Limited Partnership, whose address is 400 Countrywide Way, Simi Valley,
California 93065 as servicing agent and attorney in fact for Wells Fargo Bank, N.A. as Trustee
on Behalf of the Harborview 2006-12 Trust Fund ("Seller") and Collier County, a Political
Subdivision of the State of Florida, whose address is 3301 Tamiami Trail East, Naples, Florida
34112 ("Purchaser"), (together, the "Parties" and individually, the "Party") and is effective as of
August 10; 2009 (the "Effective Date").
Recitals:
Seller owns certain real property improvements, appurtenances and hereditaments located at
2560 47th Ave NE, Naples, County of Collier, State of Florida, legally described on Exhibit A
attached to this Agreement ("Property") which it wishes to sell, and which Purchaser wishes to
purchase; and
The sale and purchase of the Property shall also be subject to a number of conditions, as each is
described by this Agreement;
Therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereto agree as follows:
Nei2hborhood Stabilization Pro2ram, The Parties acknowledge that the sale and purchase of
the Property [check applicable provision] IS IZl IS NOT 0 being made pursuant to federal
funds distributed as part of the emergency assistance for the redevelopment of abandoned and
foreclosed homes under Section 2301 of Title 3 of Division B of the Housing and Economic
Recovery Act of 2008 ("HERA") and the Neighborhood Stabilization Guidelines of the
Department of Housing and Urban Development ("NSP Guidelines") and amendments thereto.
1. Sale of Property. Subject to compliance with the terms and conditions of this
Agreement, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property.
2. Purchase Price. The purchase price for the Property ("Purchase Price") shall be
One Hundred Ten Thousand and NOIIOOths dollars ($110,000.00). However, the amount
payable by Purchaser to Seller for the purposes of this transaction as the consideration to be paid
-hall be Ninety Four Thousand Five Hundred and NOll OOth dollars ($94,500.00) ("Total
Adiusted Purchase Price"). The amount payable by Purchaser to Seller shall be payable as
follows:
(a) Three Percent (3.0%) of the Purchase Price or Two Thousand Five
Hundred and Noll OOths Dollars ($2,500.00), whichever is greater ("Earnest Monev")
which shall be delivered to the account of Title (defined below) within seven (7) business
days after execution of this Agreement, pursuant to the Earnest Money Addendum to
Purchase Agreement attached to this Agreement; and
(b) Ninety One Thousand Six Hundred Sixty Five and NollOOths Dollars
($91,665.00) representing the balance of the Purchase Price payable in cash, certified
check, bank check or wire transfer on the. Closing Date.
For the purposes of this Paragraph 2 the Total Adjusted Purchase Price is an agreed upon sum
intended to be less than the Purchase Price and shall reflect celiain cost savings to the Seller
associated with the subject transaction.
Purchaser shall obtain an appraisal at its sole cost and expense to support the Purchase Price
pursuant to NSP Guide1ines~ if NSP funds are being used in this transaction, If the NSP
Appraisal obtained by Purchaser does not support the Purchase Price, Seller shall have no
obligation hereunder to reduce the Purchase Price.
3. Time of the Essence: ClosinJ! Date:
(a) It is agreed that time is of the essence with respect to all dates specified in
this Agreement and any addenda, riders or amendments thereto. This means that all
deadlines are intended to be strict and absolute.
(b) The closing shall take place on or before September 18, 2009 ("Closing
Date"), unless the Closing Date is extended in writing signed by Seller and Purchaser or
extended by Seller under the terms of this Agreement.
(c) Notwithstanding any provision herein and to the extent Purchaser elects
not to obtain its own Title Commitment, Seller shall select a title insurance company
which will issue the Title Commitment to Purchaser and Seller shall pay for the cost of
issuance of said Title Commitment and the final title insurance policy. The Selection of
said title insurance company by Seller shall 110t prohibit Purchaser from purchasing its
own title policy or Title Commitment.
(d) The closing agent for the transaction shall be selected by the Seller and
identified in the Eamest Money Addendum to this Agreement.
4. Inspections: Purchaser understands and acknowledges that Seller acquired the
Property by means of foreclosure or deed in lieu thereof; and that Seller has very limited
documentation, reports and other due diligence information regarding the condition of the
Property. Before entering into this Agreement, the Purchaser has inspected the Property and
obtained for its own use, benefit and reliance, inspections andlor reports on the condition of the
Property, and have accepted the Property "As-Is". The Purchaser shall keep the Property free
and clear of liens and indemnifY and hold the Seller hannless from all liability claims, demands,
damages, and costs related to the Purchaser's inspection and any inspection conducted by
P ilrchaser after the date of this Agreement, and the Purchaser shall repair all damages arising
2
fl:om or caused by the inspections. The Purchaser shall not directly or indirectly cause any
inspections to be made by any government building or zoning inspectors or government
employees without the prior written consent of the Seller, unless required by law, in which case,
the Purchaser shall provide reasonable notice to the Seller prior to any such inspection. If the
Seller has winterized this Property and the Purchaser desires to have the Property inspected,
listing agent will have the Property dewinterized prior to inspection and rewinterized after
inspection. The Purchaser agrees to pay this expense in advance to the listing agent. The amount
paid under this provision shall be nonrefundable.
5. Personal Property: Items of personal property, including but not limited to
window coverings, appliances, manufactured homes, mobile homes, vehicles, spas, antennas,
satellite dishes and garage door openers, now or hereafter located on the Property are not
included in this sale or the Purchase Price unless the personal property is specifically described
and referenced on Exhibit B attached to and made a part of this Agreement. Any personal
property at or on the Property may be subject to claims by third parties and, therefore, may be
removed from the Property prior to the Closing Date. Seller makes no representation or warranty
as to the condition of any personal property, title thereto, or whether any personal property is
encumbered by any liens. Purchaser assumes responsibility for any personal property remaining
on the Property at the time of closing,
6. Closine Costs and Adiustments:
(a) Purchaser and Seller agree to prorate the following expenses as of closing
and funding: municipal water and sewer charges, utility charges, real estate taxes and
assessments, common area charges, condominium or planned unit development or similar
community assessments, co-operative fees, maintenance fees, and rents, if any. In
detennining prorations, the funding date shall be allocated to Purchaser. Payment of
special assessment district bonds and assessments, and payment of homeowner's
association or special assessments shall be paid current and prorated betweon Purchaser
and Seller as of Closing Date with payments not yet due and owing to be a..'lsumed by
Purchaser without credit toward Purchase Price. The Property taxes shall be prorated
based on an estimate or actual taxes from the previous year on the Property. All
prorations shall be based upon a 365 calendar year and all such prorations shall be final.
Seller shall not be responsible for any amounts due, paid or to be paid after closing,
including but not limited to, any taxes, penalties or interest assessed or due as a result of
retroactive, postponed or additional taxes resulting from any change in use of, or
construction on, or improvement to the Property, or an adjustment in the appraised value
of the Property, In the event Seller has paid any taxes, special assessments or other fees
and there is a refund of any such taxes, assessments or fees after closing, and Purchaser
as current owner of the Property receives the payment, Purchaser will immediately
submit the refund to Seller, If the Property is heated by or has storage tanks for fuel oil,
liquefied petroleum gases or similar fuels, Purchaser will buy the fuel in the tank at
closing at the current price as calculated by the supplier. Property taxes shall be prorated to the Closing Date on a per diem calendar basis, All interest, rents, city water charges
current operating expenses, and homeowner's association dues shall be prorated to the
3
Closing Date. Homeowner association transfer dues, if any, to be paid by Purchaser.
Seller agrees to pay all special assessments levied of record or certified into the current
year's taxes as of the date of closing. In Addition, Seller agrees to pay a prorated portion
of any pending assessments at closing or deposit funds into escrow to cover these costs;
any difference will be refunded to the Seller.
(b) Seller shall only pay those closing costs and fees associated with the
transfer of the Property that local custom or practice clearly allocates to Seller and any
closing costs and fees specifically agreed to herein.
7. Delivery of Funds: Regardless of local custom, requirements, or practice, upon
delivery of the deed by Seller to Purchaser, Purchaser shall deliver all funds due Seller from the
sale in the form of cash, bank check, certified check or wire transfer. An attorney's trust fund
check shall not be sufficient to satisfy this provision unless the bank holding the account on
which the trust fund check is drawn certifies the trust fund check.
8. Delivery of Possession of Property: Seller shall deliver possession of the
Property to Purchaser at closing and funding of sale. Seller warrants and covenants with
Purchaser that (a) the Property was vacant and unoccupied at the time of commencing
discussions with Purchaser for the purchase of the Property, is vacant and unoccupied at the time
of the execution of this Agreement and will be delivered to Purchaser at the closing in a vacant
and unoccupied condition, (b) the availability or existence of the federal funds under HERA has
not induced the Lender's commencement of the foreclosure proceedings, any deed in lieu of
foreclosure or other enforcement procedures which has resulted in Seller's ownership of the
Property, and (c) all foreclosure proceedings and any eviction actions are completed and any
redemption periods of the prior foreclosed mortgagor/owner and all persons claiming through
such person(s) have expired. If Purchaser alters the Property or causes the Property to be altered
in any way and/or occupies the Property or allows any other person to occupy the Property prior
to closing and funding without the prior written consent of Seller, such event shall constitute a
breach by Purchaser under this Agreement and Seller may terminate this Agreement and
Purchaser shall be liable to Seller for damages caused by any such alteration or occupation of the
Property prior to the Closing Date and funding and Purchaser hereby waives any and all claims
for damages or compensations for improvements made by Purchaser to the Property including,
but not limited to, any claims for unjust enrichment.
9. Deed: The deed to be delivered at closing shall be a deed that covenants that
grantor grants only that title which grantor may have and that grantor will only defend title
against persons claiming by, through, or under the grantor, but not otherwise known as a Special
Warranty. Any reference to the term "Deed" or "Special Warranty Deed" herein shall be
construed to refer to such form of deed. It is the intent of Seller to deliver insurable title to the
subject property through the conveyance of the Special Warranty Deed or comparable
instrument.
10. Title to be Delivered, At Closing, Seller agrees to deliver to Purchaser the Deed,
which conveys marketable fee simple title in the Property to Purchaser subject to the terms
r:mtained in Section 12 herein.
4
11. Title and Examination.
(a) Within five (5) days from the date of tills Agreement, Seller will order a
commitment for a title insurance policy (the "Title Commitment") issued by Landsafe
Title Company, ("Title") and provide a copy to Purchaser upon receipt. Purchaser shall
have five (5) days from the date of its receipt of the Title Commitment to examine title
and make any objections thereto, which shall be made in writing to Seller or deemed
waived. If any objections are so made, Seller shall be allowed sixty (60) days to make
title marketable. Pending correction of title, payments hereunder required shall be
postponed, but upon correction of title and within ten (10) days after written notice to
Purchaser, the Parties shall perfonn this agreement according to its tenns,
12. Defects in Title: Upon examination of the title commitment by Purchaser and
notice to Seller of a title objection, the Parties agree to proceed as follows:
(a) If Purchaser raises an objection to Seller's title to the Property as provided
in Paragraph II, which, if valid, would make title to the Property uninsurable and not
correctable within sixty (60) days, Seller shall have the right to telminate this Agreement
by giving written notice of the termination to Purchaser, provided however, Purchaser
shall have the right within five (5) days of such notice to either waive such defect or
request Seller to proceed under Paragraph 12( c) below.
(b) However, if Seller is able to correct the problem through reasonable
efforts, as Seller determines, at its sole and absolute discretion, within said sixty (60) day
period, including any written extensions, or if title insurance is available from a reputable
title insurance company at regular rates containing affinnative coverage for the title
objections, as provided below or Purchaser waives the defect, then this Agreement shall
remain in full force and Purchaser shall perform pursuant to the terms set in this
Agreement.
(c) Seller will reasonably cooperate with Title and Purchaser on the title
corrections to remove any such exception or to make the title insurable, but any attempt
by Seller to remove such title exceptions shall not impose an obligation upon Seller to
remove those exceptions.
(d) In the event Seller, within such sixty (60) day period is not able to (i)
make the title insurable or correct any problem or (ii) obtain title insurance from a
reputable title insurance company, all as provided herein, Purchaser may either waive the
objection or tenninate this Agreement and any Earnest Money deposit will be returned to
Purchaser as Purchaser's sole remedy at law or equity. Notwithstanding the forgoing, the
Seller is not obligated to (A) remove any exception, (B) bring any action or proceeding or
bear any expense in order to convey title to the Property, or (C) make the title marketable
or insurable.
13. Representations and Warranties:
Purchaser represents and warrants to Sellerthe following:
5
(a) Purchaser is purchasing the Property solely in reliance on its own
investigation and inspection of the Property and not on any information, representation or
warranty provided or to be provided by Seller, its servicers, representatives, brokers,
employees, agents or assigns;
(b) Ncither Seller, nor its servicers, employees, representatives, brokers,
agents or assigns, has made any representations or walTanties, implied or expressed,
relating to the condition of the Property or the contents thereof, except as expressly set
forth in Paragraph 4 of this Agreement;
(c) Purchaser has not relied on any representation or warranty from Seller
regarding the nature, quality or workmanship of any repairs made by Seller; and
(d) Purchaser will not occupy or cause or permit others to occupy the Property
prior to closing and funding and, unless and until any necessary Certificate of Occupancy
. has been obtained from the appropriate governmental entity, will not occupy or cause or
permit others to occupy the Property until after closing.
14. Conditions to the Parties' Performance:
(a) Seller shall have the right, at Seller's sole discretion, to extend the Closing
Date or to terminate this Agreement if:
(i) full payment of any mortgage insurance claim related to the loan
previously secured by the Property is not confirmed prior to the Closing Date or
the mortgage insurance company exercises its right to acquire title to the Property;
(ii) Seller determines that it is unable to c;onvey good and marketable
title to the Property insurable by a reputable title insurance company at regular
rates;
(iii) a third Party with rights related to the sale of the Property does not
approve the sale terms;
(iv) full payment of any property, fire or hazard insurance claim is not
confirmed prior to the Closing Date;
(v) any third Party, whether homeowner's association, or otherwise,
exercises rights under a right of first refusal to purchase the Property;
(vi) Purchaser is the former mortgagor of the Property whose interest
was foreclosed, or is related to or affiliated in any way with the former mortgagor,
and Purchaser has not disclosed this fact to Seller prior to Seller's acceptance of
this Agreement. Such failure to disclose shall constitute default under this
Agreement, entitling Seller to exercise any of its rights and remedies; or
6
(vii) Seller, at SeIler's sole discretion, determines that the sale of the
Property to Purchaser or any related transactions are in any way associated with
illegal activity of any kind.
In the event Seller elects to tenninate this Agreement as a result of subparagraph 14 (a)
(i), (ii), (iii), (iv), (v), (vi), or (vii) above, Seller shall return Purchaser's Earnest Money
deposit and the Parties shall have no further obligation under this Agreement except as to
any provision that survives ternlination pursuant to Paragraph 20 of this Agreement.
(b) Purchaser's obligation to purchase the Property is subject to and
conditioned upon the fulfillment of the following conditions precedent:
(i) If Purchaser is using federal funds under HERA as described on
page 1 of this Agreement ("NSP Funds"), the receipt by Purchaser of an appraisal
consistent with the NSP Guidelines ("NSP Appraisal") in fonn and appraised
value acceptable to meet NSP Guidelines and support the Purchase Price set forth
above and in form and content acceptable to Purchaser. Purchaser shall have
twenty one (21) days from the Effective Date of this Agreement to obtain an NSP
Appraisal acceptable to meet NSP Guidelines and support the Purchase Price.
Purchaser shall have the right to Terminate this Agreement if the NSP Appraisal
does not support the Purchase Price and Seller elects not to reduce the Purchase
Price which election shall be in Seller's sole and absolute discretion. If Purchaser
raises an objection on the fair market value of the property, Purchaser shall
deliver a copy of the NSP Appraisal to Seller along with its written objections
thereto within twenty one (21) days of the Effective Date of this Agreement.
Seller shall five (5) days from receipt of the Purchaser's objections and NSP
Appraisal to respond to Purchaser.
(ii) If Purchaser is using NSP Funds, the receipt by Purchaser of
certain required NSP Guidelines reports relating to environmental, historic district
conditions and other necessary NSP related due diligence reports ("NSP Due
Diligence Reports"), all in form and content acceptable to Purchaser. Purchaser
shall have twenty one (21) days from the Effective Date of this Agreement to
complete the NSP Due Diligence Reports acceptable to meet NSP Guidelines.
Purchaser shall have the right to Terminate this Agreement if the findings
contained in the NSP Due Diligence Reports preclude the purchase of the
Property under NSP Guidelines and Seller elects not to remedy the environmental
findings which election shall be in Seller's sole and absolute discretion. If
Purchaser raises an objection based on the findings contained in the NSP Due
Diligence Reports, Purchaser shall deliver a copy of said NSP Due Diligence
Reports to Seller along with its written objections thereto within twenty one (21)
days of the Effective Date of this Agreement. Seller shall five (5) days from
receipt ofthe Purchaser's objections to review and respond to Purchaser.
(iii) If Purchaser is required to obtained approval, from a separate
governmental entity to purchase the Property, Purchaser shall have twenty one
7
(21) days from the Effective Date of this Agreement to obtain such official
approval.
In the event any of the foregoing conditions precedent to Purchaser's obligation to close
are not fulfilled on or before the Closing Date, Purchaser may either waive the objection
or tenninate this Agreement and any Earnest Money deposit will be returned to Purchaser
as Purchaser's sole remedy at law or equity and the Parties shall have no further
obligation under this Agreement except as to any provision that survives termination
pursuant to Paragraph 20 of this Agreement. Unless otherwise agreed upon between the
Parties and as reflected on the closing statement for the transaction which is the subject of
this Agreement, the cost of the NSP Appraisal and the NSP Due Diligence Reports shall
be at the sole cost and expense of Purchaser.
15. Remedies for Default:
(a) In the event of Purchaser's default, material breach or material
misrepresentation of any fact under the terms of this Agreement, Seller, at its option, may
retain any other funds then paid by Purchaser as liquidated damages and/or invoke any
other remedy expressly set out in this Agreement and Seller is automatically released
from the obligation to sell the Property to Purchaser and neither Seller nor its
representatives, agents, attorneys, successors, or assigns shall be liable to Purchaser for
any damages of any kind as a result of Seller's failure to sell and convey the Property,
(b) In the event of Seller's default or material breach under the terms of this
Agreement or if Seller terminates this Agreement as provided under the provisions of this
Agreement, Purchaser shall be entitled to the return of the Earnest Money deposit as
Purchaser's sole and exclusive remedy at law and/or equity, Any reference to a return of
Purchaser's Earnest Money deposit contained in the Agreement shall mean a return of the
Earnest Money deposit less any escrow cancellation fees applicable to Purchaser under
this Agreement and less fees and costs payable for services and products provided during
escrow at Purchaser's request. Purchaser waives any claims that the Property is unique
and Purchaser acknowledges that a return of its Earnest Money deposit can adequately
and fairly compensate Purchaser. Upon return of the Earnest Money deposit to Purchaser,
this Agreement shall be terminated, and Purchaser and Seller shall have no further
liability, no further obligation, and no further responsibility each to the other and
Purchaser and Seller shall be released from any further obligation each to the other in
connection with this Agreement.
(c) Purchaser agrees that Seller shall not be liable to Purchaser for any
special, consequential or punitive damages whatsoever, whether in contract, tort
(including negligence and strict liability) or any other legal or equitable principle, or any
other such expense or cost arising from or related to this Agreement or a breach of this
Agreement.
(d) Any consent by any Party to, or waiver of, a breach by the other, whether
express or implied, shall not constitute consent to, waiver of, or excuse for any different
or subsequent breach,
8
(e) In the event either Party elects to exercise its remedies as described in this
Paragraph 15 of this Agreement, and this Agreement is terminated, the Parties shall have
no further obligation under this Agreement except as to any provision that survives the
termination of this Agreement pursuant to Paragraph 20 of this Agreement.
.16. Indemnification: Purchaser agrees to indemnify and fully protect, defend, and
hold Seller, its officers, directors, employees, shareholders, servicers, representatives, agents,
attorneys, tenants, brokers, successors or assigns harmless from and against any and all claims,
costs, liens, loss, damages, attorney's fees and expenses of every kind and nature that may be
sustained by or made against Seller, its officers, directors, employees, shareholders, servicers,
representatives, agents, attorneys, tenants, brokers, successors or assigns, resulting from or
arising out of:
(a) inspections or repairs made by Purchaser or its agents, employees,
contractors, successors or assigns;
(b) the imposition of any fine or penalty imposed by any municipal or
governmental entity resulting from Purchaser's failure to timely obtain any necessary
Certificate of Occupancy or to comply with equivalent laws and regulations; and
(c) claims for amounts due and owed by Seller for taxes, homeowner
association dues or assessment or any other items prorated at closing under Paragraph 6
of this Agreement, including any penalty or interest and other charges, arising from the
proration of such amounts for which Purchaser received a credit at closing under
Paragraph 7 of this Agreement.
Notwithstanding the foregoing, the Purchaser's Indemnity shaJ1 include aJl claims arising
or accruing as a result of (i) Purchaser or Purchaser's tenants, agents or representatives
use and/or occupancy of the Property prior to closing and/or issuance of any required
Certificate of Occupancy, '(ii) any claims relating in any way to any theft or damage of
the personal property located in the Property that occurs after the Date of Closing or (iii)
in addition to claims related to the indemnity provided at Paragraph 16 (a) above, any
claims in any way related to possession or presence of the Purchaser, agents, employees,
contractors, successors or assigns its agents on or around the Property,
17. Risk of Loss: In the event of fire, destruction, or other casualty loss to the
Property after the Seller's acceptance of the Agreement and prior to closing and funding, after
the occurrence of such casualty, the Seller may, at its sole discretion do anyone of the following:
(i) if the damage is not material, and Seller chooses to repair or restore the
Property, Seller may elect to notify the Purchaser of its intention to proceed to closing
without offering any adjustment to the Purchase Price or the Purchase Price as set forth at
Paragraph 2 and Purchaser shall proceed to closing as described in the Seller's Notice
(described below);
(ii) if the damage is material (material defined as 10% or $10,000 which ever
is greater) and Seller chooses to repair or restore the Property, Seller may elect to notify
9
the Purchaser of its intention to proceed to closing without off cling any adjustment to the
Purchase Price or the Purchase Plice as set forth at Paragraph 2;
(iii) if Seller chooses not to repair or restore the Property, Seller may elect to
notify the Purchaser of its intention to proceed to closing without offering any adjustment
to the Purchase Price or the Purchase Price as set forth at Paragraph 2;or
(iv) if Seller chooses to repair or restore the Property, Seller may elect to
notify the Purchaser of its intention to proceed to closing with an appropriate adjustment
to the Purchase Price or the Purchase Price as set forth at Paragraph 2, and
(v) if Seller chooses not to repair or restore the Property, Seller may elect to
notify the Purchaser of its intention to proceed to closing with an appropriate adjustment
to the Purchase Price or the Purchase Price as set forth at Paragraph 2.
Seller shall give Purchaser written notice ("Seller's Notice") within a reasonable
time after the occurrence of such damage of its election to proceed under any of items (i)
through (v) above, Seller shall include in any such Seller's Notice the date of the
intended closing date and the amount, if any of any proposed adjustment to the Purchase
Price or to the Purchase Price.
If the Seller elects in its Seller's Notice to proceed under subsections (ii) through
(v) above, the Purchaser shall either (a) agree to acquire the Property in its then AS-IS
condition and proceed to closing or (b) terminate the Agreement or (c) Purchaser and
Seller agree to new purchase price. If the Purchaser terminates the Agreement as
provided in this subsection, the Earnest Money Deposit shall be immediately returned to
the Purchaser and the Agreement shall be null and void and neither party shall have any
further rights or liabilities hereunder except as provided in Section 20.
18. Eminent Domain: In the event that Seller's interest in the Property, or any part
thereof, shall have been taken by eminent domain or shall be in the process of being taken on or
before the Closing Date, either Party may terminate this Agreement and the Earnest Money
deposit shall be returned to Purchaser and neither Party shall have any further rights or liabilities
hereunder except as provided in Paragraph 20 of this Agreement.
19. Kevs: Purchaser understands that if Seller is not in possession of keys, including
but not limited to, mailbox keys, recreation area keys, gate cards, or automatic garage remote
controls, then the cost of obtaining the same will be the responsibility of Purchaser. Purchaser
also understands that if the Property includes an alarm system, Seller cannot provide the access
code and/or key and that Purchaser is responsible for any costs associated with the alann and/or
changing the access code or obtaining keys. If the Property is presently on a Master Key System,
Seller will re-key the exterior doors to the Property prior to closing and funding at Ptirchaser's
expense, Purchaser authorizes and instructs escrow holder to charge the account of Purchaser at
closing for the rekey.
20. Survival: Delivery of the deed to the Property to Purchaser by Seller shall be
ck'cmed to be full performance and discharge of all of Seller's obligations under this Agreement.
10
Notwithstanding anything to the contrary in this Agreement, the provisions of Paragraph 16 of
this Agreement, as well as any other provision which contemplates performance or observance
subsequent to any termination or expiration of this Agreement, shall survive the closing, funding
and the delivery of the Deed and/or termination of this Agreement by any Party and continue in
full force and effect.
21. Severability: The invalidity, illegality or enforceability of any provision of this
Agreement shall not affect the validity or enforceability of any other provision of this
Agreement, all of which shall remain in full force and effect.
22. Assignment of A2reement: Purchaser shall not assign this Agreement without
the express written consent of Seller. Seller may assign this Agreement at its sole discretion
without prior notice to, or consent of, Purchaser.
23. Entire Agreement: This Agreement, including the disclosure of information on
lead based paint and/or lead based paint hazards or Seller Disclosure and Release Addendum or
other disclosure fonns or notices required by law, constitutes the entire agreement between
Purchaser and Seller concerning the subject matter hereof and supersedes all previous
communications, understandings, representations, warranties, covenants or agreements, either
written or oral and there are no oral or other written agreements between Purchaser and Seller.
NO ORAL PROMISES, REPRESENT A TIONS (EXPRESSED OR IMPLIED),
WARRANTIES OR AGREEMENTS MADE BY SELLER AND/OR BROKERS OR ANY
PERSON ACTING ON BEHALF OF SELLER SHALL BE DEEMED VALID OR
BINDING UPON SELLER UNLESS EXPRESSLY INCLUDED IN THIS AGREEMENT.
All negotiations are merged into this Agreement. Seller is not obligated by any other written or
verbal statements made by Seller, Seller's representatives, or any real estate licensee.
24. Modification: No provision, tenn or clause of this Agreement shall be revised,
modified, amended or waived except by an instrument in writing signed by Purchaser and Seller.
25. Ri2hts of Others: This Agreement does not create any rights, claims or benefits
inuring to any person or entity, other than Seller's successors and/or assigns, that is not a Party to
this Agreement, nor does it create or establish any third Party beneficiary to this Agreement.
26. Counterparts: This Agreement may be executed in any number of counterparts
and each such counterpart shall be deemed to be an original, but all of which, when taken
together, shall constitute one agreement.
27. Headings: The titles to the sections and headings of various paragraphs of this
Agreement are placed for convenience of reference only and in case of conflict, the text of this
Agreement, rather than such titles or headings shall control.
28. Gender: Unless the context otherwise requires, singular nouns and pronouns,
when used herein, shall be deemed to include the plural of such nouns or pronouns and pronouns
of one gender shall be deemed to include the equivalent pronoun of the other gender,
29. Force Majeure: Except as provided in Paragraph 17 to this Agreement, no Party
shall be responsible for delays or failure of perfonnance resulting from acts of God, riots, acts of
II
war, epidemics, power failures, earthquakes or other disasters, providing such delay or failure of
performance could not have been prevented by reasonable precautions and cannot reasonably be
circumvented by such Party through use of alternate sources, work around plans or other means.
30. Attornev Review: Purchaser acknowledges that Purchaser has had the
opportunity to consult with its legal counsel regarding this Agreement and that accordingly the
terms of this Agreement are not to be construed against any Party because that Party drafted this
Agreement or construed in favor of any Party because that Party failed to understand the legal
effect of the provisions of this Agreement.
31. Notices: Any notices required to be given under this Agreement shall be deemed
to have been delivered when actually received in the case of hand or overnight delivery, or five
(5) days after mailing by first class mail, postage paid. All notices to Seller will be deemed sent
or delivered to Seller when sent or delivered to Seller's listing broker or agent, at the address set
forth in Paragraph 1 or as otherwise provided in writing to the other Party. All notices to
Purchaser shall be deemed sent or delivered when sent or delivered to Purchaser or agent at the
address set forth in Paragraph I or as otherwise provided in writing to the other Party.
32. Successors and Assigns, This Af,rreement shall be binding upon and inure to the
benefit of the successors and assigns of each of the Parties hereto.
33. Attornevs' Fees. Each Party shall pay the fees and costs of its own counsel. In
the event a legal proceeding is commenced to enforce this Agreement, the prevailing Party shall
be entitled to reasonable attorneys' fees and costs from the other Party.
34. Governine Law, This Agreement shall be governed and construed in accordance
with the laws of the jurisdiction in which the Property is located.
35. Dispute Resolution: At the request of either Party, any dispute arising under this
Agreement shall be submitted to mediation before resorting to arbitration or court action.
Mediation fees shall be divided equally and each Party shall bear his or its own attorney's fees
and costs. Neither Party may require binding arbitration prior to commencement of court action,
although the parties may mutually agree to such arbitration.
36. Deliveries by Seller. Within seven (7) days after the date of this Agreement, if
not already delivered to Purchaser, Seller shall deliver the following to Purchaser:
(a) Copies of all licenses, permits, inspection reports, zoning information and
Certificates of Occupancy in Seller's possession, if any,
(b) All building plans, diagrams, architect drawings, surveys and construction
or architect contracts in Seller's possession, if any.
37. Closine Documents. The following documents shall be executed and delivered
at time of closing:
(a) Seller Documents:
12
(i) Deed;
(ii) Affidavit Regarding Seller;
(iii) FIRPT A Affidavit; and
(iv) Executed Settlement Statement.
(b) Purchaser documents:
(i) Affidavit Regarding Purchaser;
(ii) Executed Settlement Statement; and
(iii) The balance oftbe Purchase Price due at Closing.
38. State and Local Specific Provisions: See Addendum 2
39. As-Is Sale Property Condition:
(a) The Purchaser understands that Seller acquired the Property by
foreclosure, deed-in-lieu of foreclosure, forfeiture, tax sale, or similar process, and
consequently, Seller has little or no direct knowledge concerning the condition of the
Property. As a material part of the consideration to be received by Seller under the
Agreement as negotiated and agreed to by Purchaser and Seller, Purchaser acknowledges
and agrees to accept the Property in "AS IS" condition at the time of closing, including,
without limitation, any hidden defects or environmental conditions affecting the Property,
whether known or unknown, whether such defects or conditions were discoverable
through inspection or not. Purchaser acknowledges that Seller, and its agents, brokers,
and representatives have not made, and Seller specifically negates and DISCLAIMS,
ANY representations, warranties, promises, covenants, agreements, or guarantees,
implied or express, oral or written, with respect to:
(i) the physical condition or any other aspect of the Property
including, but not limited to: the structural integrity or the quality or character of
materials used in construction of any improvements, availability and quantity or
quality of water, stability of the soil, susceptibility to landslide or flooding,
sufficiency of drainage, water leaks, water damage, mold or any other matter
affecting the stability or integrity ofthe Property;
(ii) the conformity of the Property to any zoning, land use or building
code requirements or compliance with any laws, statutes, rules, ordinances, or
regulations of any federal, state or local governmental authority, or the granting of
any required pennits or approvals, if any, of any governmental bodies that had
jurisdiction over the construction of the original structure, any improvements,
and/or any remodeling of the structure;
13
(iii) the habitability, merchantability, marketability, profitability or
fitness for a particular purpose of the Property, including redhibitory vices and
defects, apparent or non-apparent or latent, that now exist or may hereafter exist
and that, if known to Purchaser, would cause Purchaser to refuse to purchase the
property; and
(iv) the existence, location, size, or condition of any outbuildings or
sheds on the property.
(b) Mold, mildew, spores and/or other microscopic organisms and/or allergens
(collectively referred to in the Agreement as "Mold") are environmental conditions that
are common in residential properties and may affect the Property. Mold, in some forms,
has been reported to be toxic and to cause serious physical injuries, including but not
limited to, allergic and/or respiratory reactions or other problems, particularly in young
children, elderly persons, persons with immune system problems, allergies, or respiratory
problems, and pets. Mold has also been reported to cause extensive damage to personal
and real property. Purchaser is advised to thoroughly inspect the Property for Mold.
Mold may appear as discolored patches or cottony or speckled growth on walls, furniture
or floors, behind walls and above ceilings. Any and all presence of moisture, water
stains, mildew odors, condensation, and obvious Mold growth, are all possible indicators
of a Mold condition, which mayor may not be toxic. Mold may have been removed or
covered in the course of any cleaning or repairing of the Property. Purchaser
acknowledges that, if Seller, or any of Seller's employees, contractors, representatives,
brokers, or agents cleaned or repaired the Property or remediated the Mold
contamination, that Seller does not in any way warrant the cleaning, repairs, or
remediation, or that the Property is free of Mold. Purchaser is further advised to have the
Property thoroughly inspected for Mold, any hidden defects, and/or environmental
conditions or hazards affecting the Property. Purchaser is also advised that all areas
contaminated with Mold should be properly and thoroughly remediated. Purchaser
represents and warrants that: (A) Purchaser accepts full responsibility and liability for all
hazards, and Claims that may result from the presence of Mold in or around the Property;
(B) If Purchaser proceeds to close on the purchase of the Property, then Purchaser has
inspected and evaluated the condition of the Property to Purchaser's complete
satisfaction, and Purchaser is satisfied with the condition of the Property notwithstanding
the past or present existence of Mold in or around the Property; and (C) Purchaser has
not, in any way, relied upon any representations or warranties of Seller, or Seller's
employees, officers, directors, contractors, representatives, brokers, or agents concerning
the past or present existence of Mold or any environmental conditions in or around the
Property.
(c) In the event the Property is affected by an environmental condition either
Party may terminate the Agreement. In the event the Seller decides to sell the Property to
the Purchaser and the Purchaser agrees to purchase the Property (as evidenced by
Purchaser and Seller proceeding to close) despite the presence of an environmental
condition, the Purchaser releases the Seller and the parties related to the Seller described
in Paragraph 16 as the indemnified parties "(Indemnified Parties") from any claims
14
arising out of or relating in any way to the environmental conditions of the Property, and
Purchaser agrees to also execute an additional general release at closing, in a form
acceptable to Seller, related to the environmental condition if Seller so requests. In the
event the Purchaser elects not to execute the additional release, Seller may, at the Seller's
sole discretion, terminate the Agreement upon notice given to Purchaser. In the event the
Agreement is terminated by either Purchaser or Seller pursuant to this Paragraph 39(c),
any Eamest Money Deposit will be returned to the Purchaser. The cost of any
environmental report shall be at the sole cost and expense of the Purchaser, unless
required to be paid for by the Seller under applicable law.
(d) In the event the Seller has received official notice that the Property is in
violation of building codes or similar laws or regulations, the Seller may terminate the
Agreement or delay the date of closing or the Purchaser may terminate the Agreement. In
the event the Agreement is telminated by either Purchaser or Seller pursuant to this
Section 39, any Earnest Money Deposit will be returned to the Purchaser, If there is an
enforcement proceeding arising from allegations of such violations before an
enforcement board, special master, court or similar enforcement body, and neither the
Purchaser nor the Seller terminate the Agreement, the Purchaser agrees (A) to accept the
Property subject to the violations, and (B) to be responsible for compliance with the
applicable code and with orders issued in any code enforcement proceedings, unless
otherwise prohibited by applicable law or ordinance. Purchaser agrees to execute for
closing any and all documents necessary or required by any agency with jurisdiction over
the Property and to resolve the deficiencies as soon as possible after the closing,
(e) The closing of this sale shall constitute acknowledgement by the Purchaser
that Purchaser had the opportunity to retain an independent, qualified professional to
inspect the Property and that the condition of the Property is acceptable to the Purchaser
at the time of closing. The Purchaser agrees that Seller shall have no liability for any
Claims that the Purchaser or the Purchaser's successors or assigns may incur as a result of
construction or other defects that may now or hereafter exist with respect to the Property.
The cost and expense of any inspection shall be at the sole cost and expense of the
Purchaser, unless otherwise prohibited by applicable law or ordinance.
(f) The Seller may be exempt from filing a disclosure statement regarding the
condition of the Property because the Property was acquired through foreclosure, deed-
in-lieu of foreclosure, forfeiture, tax sale, eminent domain or similar process. To the
fullest extent allowed by law, Purchaser waives any right to receive a disclosure
statement from Seller, and Purchaser agrees to execute a separate waiver, if the law
requires the waiver to be in a separate form.
40. Purchaser's Waiver of Important Ril!hts:
(a)
by law:
The Purchaser further waives the following, to the fullest extent permitted
(i) all rights to file and maintain an action against the Seller for
specific performance;
15
(ii) right to record a lis pendens against the Property or to record this
Agreement or a memorandum thereof in the real property records;
(iii) right to invoke any equitable remedy that would prevent the Seller
from conveying the property to a third party purchaser;
(iv) any claims arising from the adjustments or prorations or errors in
calculating the adjustments or prorations that are or may be discovered after
closing unless such claims are material and purchaser notifies Seller in writing of
such claims within thirty (30) days of the closing date;
(v) any remedy of any kind that the Purchaser might otherwise be
entitled to at law or equity (including) but not limited to) rescission of the
Agreement), except as expressly provided in this agreement;
(vi) any right to a trial by jury in any litigation arising from or related
in any way to this Agreement;
(vii) any right to avoid the sale of the Property or reduce the price or
hold the SeHer liable for any claims alising out of or related in any way to the
condition, construction, repair, or treatment of the Property, or any defects,
apparent or latent, that may now or hereafter exist with respect to the Property;
(viii) any claims arising out of or relating in any way to encroachments,
easements, boundaries, shortages in area or any other matter that would be
disclosed or revealed by a surveyor inspection of the Property or search of public
records; and
(ix) any claims ansmg out of or relating in any way to the square
footage, size, or location of the Property, or any information provided on the
multiple listing service, or brochures or web sites of Seller or Seller's agent or
broker.
41. Banzain Sale: Charitable Donation: The Parties agree that if the Property is
being donated to the Purchaser the Purchase Price shall be detennined based upon the bargain
sale rules of the IRe, each party shall determine the extent to which the structure of the
transaction affects the tax liability, if any of each such Party. The parties agree further to make
any necessary changes to this Agreement to conform to the bargain sale rules of the IRe,
42. Authority: Each Party has full power and authority to enter into this Agreement
and to perform all its obligations hereunder, and has taken all action required by law, its
governing instruments, or otherwise to authorize the execution, delivery, and performance of this
Agreement and all the deeds, agreements, certificates, and other documents contemplated herein.
This Agreement has been duly executed by and is a valid and binding agreement, enforceable in
accordance with its terms, except as enforceability may be limited by equitable principles or by
the laws of bankruptcy, insolvency, or other laws affecting creditors' rights generally.
16
43. Certificate of Occupancy. In the event the municipality or agency of the
municipality in which the Property is located requires the delivery of a certificate of occupancy
prior to the transfer to title to the Property or for the occupancy of the Property by Purchaser, the
Parties agree that the Seller shall not be obligated to provide any such certificate of occupancy as a
condition of the Closing. Purchaser agrees to accept the Propeliy without such certificate of
occupancy and to be responsible for all costs relating to the securing of such cCliificate.
44. Condominium or Planned Unit Development. If the Property is a
condominium or planned unit development or co-operative, unless otherwise required by law,
Purchaser, at Purchaser's own expense, is responsible for obtaining and reviewing the covenants,
conditions and restrictions and bylaws of the condominium, or planned unit development or
cooperative within ten (10) days of the Effective Date of this Agreement. Seller agrees to use
reasonable efforts, as detennined at Seller's sole discretion, to assist Purchaser in obtaining a
copy of the covenants, conditions and restrictions and bylaws. Purchaser will be deemed to have
accepted the covenants, conditions and restrictions and by laws if Purchaser does not notify
Seller in writing, within fifteen (15) days of the effective Date of this Agreement, of Purchaser's
objection to the covenants, conditions and restrictions and/or bylaws.
45. Broker Commissions. Seller and Purchaser hereby each warrant to the other that
Seller nor Purchaser have engaged or dealt with any broker or agent entitled to a commission
except for Greg Rappaport (Seller's agent) who shall be entitled to a commission in the amount
of $945.00, and N/ A (Purchaser's agent) who shall be entitled to a commission in the amount of
$ N/A paid by Seller only if and when Closing shall occur (collectively the "Brokers") as
broker/salesman broker or agent with respect to the purchase and sale of the Property as
contemplated by this Agreement.
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first above written.
SELLER:
BAC HOME LOANS SERVICING LP, F/K/A
COUNTRYWIDE HOME LOANS SERVICING
LP, a Texas Limited Partnership, whose address is
400 Countrywide Way, Simi Valley, California
93065 as servicing agent and attorney in fact for
Wells Fargo Bank, N.A. as Trustee on Behalf of the
Harborview 2006-12 Trust Fund
~~ ~ ~j UWJiltoVY
Kellie Mavrolas
By:
Its: Asset Manager
PURCHASER:
Collier County, a Political Subdivision of the
State of Florida
*See substitute sienature paee attached hereto*
18
Project: Neighborhood Stabilization Program
Folio Number: 39834480003
Property Address: 2560 4yth Ave NE, Naples, 34120
Document: Purchase and Sale Agreement
SUBSTITUTE SIGNATURE PAGE
Date property acquisition approved by Bec: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED: <6'/; ~/cx:,
ATTEST:, ',',i' C, r, "Ln .
','.. '.J
DWIGJ;fT E',BROCK/Clerk
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BOARD OF C UNTY COMMISSIONERS
COLLIER C TY, FLORIOI)' _
BY: ~ J~
Donna Fiala, Chairman
Approved as to form and
legal sufficiency:
~~~) ~AD
Jenni B. White
Assistant County Attorney
EXHIBIT "A"
Legal Description of Property
Folio # 39834480003
The West 150 feet of Tract 42, GOLDEN GATE ESTATES UNIT NO. 63, according to the Plat
thereof, as recorded in Plat Book 7 at Page 63 of the Public Records of Collier County, Florida,
Exhibit A
EXHIBIT "B"
Personal Property
NONE, UNLESS SPECIFICALLY IDENTIFIED BELOW:
Exhibit B
COLLIER COUNTY GOVERNMENT
DIVISION OF ADMINISTRATIVE SERVICES
REAL PROPERTY MANANAGEMENT
3301 E. T AMIAMI TRAIL
NAPLES, FL 34112
PHONE (239) 252-8991
FAX (239) 252-8876
NSP VOLUNTARY ACQUISITION OF FORECLOSED PROPERTY
Informational Notice
July 7,2009
Wells Fargo Bank, N.A., as Trustee
on behalf of the Harborview 2006- I 2 Trust Fund
7105 Corporate Drive, PTX-C-35
Plana, TX 75024 .
Certified Return Receipt No,: 7004 11600001 6098 6377
Ladies and Gentlemen:
Collier County, Florida is interested in acquiring property you own at 2560 4 ih Ave NE, Naples, FL 34120 for a project
receiving funding assistance from the U. S. Department of Housing and Urban Development (000) under the
Neighborhood Stabilization Program (NSP).
Please be advised that, Collier County, Florida possesses eminent domain authority to acquire property, however, in the
event you are not interested in selling your property, or if we cannot reach an amicable agreement for the purchase of
your property, we will not pursue its acquisition under eminent domain. Your property is not a necessary part of the
proposed project and is not part of an intended, planned, or designated project area where substantially all of the property
within the area is to be acquired.
Under the NSP, we are required to purchase foreclosed property at a discount from its current market appraised value.
Our appraisal indicates the property's market value is $108,000.00. We are prepared to offer you $94,500.00 to purchase
your property. This offer is less than the current market appraised value as required by the NSP. Please contact us at
your convenience if you are interested in selling your property.
In accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), owner-
occupants who move as a result of a voluntary acquisition are not eligible for relocation assistance. A tenant-occupant
who moves as a result of a voluntary acquisition for a federally-assisted project may be eligible for relocation assistance.
Such displaced persons may include not only current lawful occupants, but also former tenants required to move for any
reason other than an eviction for.cause in accordance with applicable federal, state, and local law. lfyour property is
currently tenant-occupied or a tenant lawfully occupied your property within the past 3 months prior to our offer, we need
to know immediately. Further, you should not order current occupant(s) to move, or fail to renew lease, in order to sell
the property to us as vacant.
_~~ about this noti,ce or the proposed project, please contact:
Hans Russell, ~roperty AcqUISItion SpeCIalist .
Collier County Real Property Management, Bldg. W, 3301 Tamiami Trail East, Naples, FL 34112 239252-2623
Memorandum
To:
From:
Date:
Subject:
Neighborhood Stabilization Program File
Marcy Krumbine - Director of Housing and Human Services
August 10, 2009
Clarification of Providing NSP Voluntary Acquisition of Foreclosed Property
Informational Notice
Collier County desires to use NSP funds to acquire real property located at 2560 47th Ave NE
Naples Fl34120, The offer to purchase this property was made by Real Property
Management prior to issuance of the NSP Voluntary Acquisition of Foreclosed Property
Information Notice as originally directed by Housing and Human Services.
However, the acquisition of the aforementioned property complies with the scope, intent and
purpose of the Collier County NSP and will be used for an eligible activity under the rules and
regu lations of the NSP,
The process and sequence in providing the NSP Voluntary Acquisition of Foreclosed Property
Information Notice has been resolved and moving forward all notices will be issued at the
appropriate time,
A copy of this memorandum shall be placed in the acquisition file for 2560 4ih Ave NE
+., I~,~
Marcy Krumbine, MPA
Director
Housing and Human Services
DEPARTMENT OF HOUSING AND HUMAN SERVICES
3301 E TAMIAMI TRAIL, BUILDING H, SUITE 211, NAPLES, FLORIDA 34112
Phone: 239-252-4663 . Website: http://wv.rw.colliergov.neVhousing
REAL ESTATE APPRAISAL
Folio No. 398344800031 Property Address 12560 47TH AVE NE NAPLES FL 3.H20
Owner i\'ame WELLS FARGO 11\:\1( ."'\fIt
Addresses 71115 CORI'Olt\TE DH I'T.\ C-J5
City 1'1.\:\0 I State IT.\ I Zip I 75112
Legal GOLDE,\; GATE EST ''''T (,J \\
150FT OF Tlner.n
Section 1 Township 1 Range I Aeres 1 '\1ap No. I Strap No,
7 48 I 28 I 2.27 I I
TYPE. RESIDENTIAL USE I I" , Millage Area I"~ Millage
d ,~
Jt'] Use Code SINGLE FAMILY 1 I I
SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3
2560 47TH AVE NE 2571 47TH AVE NE 2442 45TH AVE NE 2611 54TH AVE NE
Proximity to Subject WITHIN 2.S MILES WITHIN 2.S MILES WITHIN 2.S MILES
Sales Price $llS,OOO $110,SOO $110,000
Unit Price
Data Source PUBLIC RECORDS Property Appraiser Sales Data Property Appraiser Sales Data Property Appraiser Sales Data
Date of Sale & Time DESCRIPTION +1-$ DESCRIPTION +1-$ DESCRIPTION +1-$
Adjustment Adiustment Adiustment
Adjustment 4/00/2009 $0 S/00/2009 $0 6/00/2009 $0
Location GG ESTATES -Bank REO Equal $0 Equal $0 Equal $0
AGE RES / YR 2001 Res 1 YR 200S Minus Res 1 yr 200S Minus Res / Yr 2003 $0
Style RANCH / 2,038 SF RANCH / 2,2S1 sf Minus RANCH/1,SOOSF Plus RANCH/1,768SF Plus
Size/Acres 2.27 AC 1.14 AC $0 1.14AC $0 1.64 AC $0
Exterior CBS STUCCO SIMILAR $0 SIMILAR SO SIMILAR $0
Garage 2 CAR GARAGE 2 CAR GARAGE $0 2 CAR GARAGE $0 NO GARAGE Plus
Amenities / Pool, Etc
Sales or Financing CASH CASH CASH
Concessions
Net Adj. (Total) -$7,000 $0 $6,000
Indicated Value of $108,000 $110,SOO $116,000
Subject Comments on Market Data: Considering the current Real Estate climate and the number of unsold properties, all the market data used in the appraisal report is
from formerly bank REO properties. The estimated value is $108,000. The subiect property has been vacant for at least 90 days as of 7/8/2009.
Comments and Conditions of Appraisal: The interest being appraised is fee simple, and the highest and best use of the parcel is considered vacant. The 4
elements of H & B use are considered, and the sales approach is considered most realiable. The appraiser's decisions and scope of work are relevant to any
characteristics applicable to extraordinary assumptions or hypothetical conditions. The three approaches to value are considered, however, only the sales
approach applies to the appraisal scope of the assignment.
Final Reconciliation: All three approaches were considered in the valuation of this parcel. The sales approach method is given most weight. The value of the
opinions and conclusions may be affected due to later known or unknown adverse conditions that exist with the subject property.
ESTIMATE MARKET VALUE: $108,000
MA THEMA T1CALL Y:
Appraiser: -f' L 6/17/2009
:~:K~ .,,~
.
Roosevelt Leonard
..J. ^ --.;~ t__n,..,. _...... -" ^ ......O_...1.:';,~ ,.......c..... I!" '1'" ("\'"1 0 "'~J.L",!1./1 (\ !(l~
Berman Rennert Vo~el & Mandler, P.A.
Wire Instructions
Bank of America
100 S.E. 2nd Street, Miami, FL 33131
ABA # 026009593
Acct# 004501009454
Account Name: Berman Rennert Vogel & Mandler, P.A. Real Estate Trust Account
Reference: G-~ou P / D AJ6. 3 cg;Z;2.. -::r 0
IMPORTANT: PLEASE MAKE SURE THAT WIRE REFERENCES THE PROPER
TRANSACTION
:}S(JJ Lj 7 77f Av 'E fl E I jJ fJ'?LCS/ FLO~i DA
FULIO :;t-.l 3Cf<33Lf '-I f3c) 003
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Vendor Information
SubstituteW - 9 form
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION
In accordance w/fh the Infamar Revenue .~lVlCe regulations, Collier County Is required to collect the fo/foW/!1g
Information for. tax reporting pUJPOBe1! from Individuals end companIes who do buslm~ss with the County (lnclu.dlng
sOcIar security numbers if used by /he individual or company 'for tax reportlng purposes). Florida Statute
119.071(5) ~ulrelJlhat the county notify you In writing or the reason for cof/ectil19 thIs information, which Will be
uS,ad for no other purpose than herein staled; Please complete all. infonnallon that applies to your business and
return via emaIl.lo the address below, Promptretum of Informaflon will facillta!e ffmety payme.nt for goods and
services provided to theCou.nly. '
f. Generai InfonnatJon
Taxpayer Nsrpe
(as shown on income tax re
Business Name
(if dHf9renl from 1~Yf1r nome) t J.' ~ m
Address /eX) 2",.J <:;-t~, r;;.. il{ Z; Iw CIly
SlatBfG , / 'ZIp
TaJephJ~' \"17-y\17 FAX ~-.J' (33-I~J
}.irAN l
35 13 (
Emall . SL€lIINt; ~ ~vNL:AW .c.ot1
Order Informatfon:
or
_ Same as above, RlHlllt, Payment Information: ~ Same as above, or
Address
CJfy
FAX
Emall
AddreSll
stalu.
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CIIy
FAX
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SfaI8
lip
2. Comp.ny Statu8 (check only one)
o Individual' Solo Proprietor
. Corporation
. . 0 Partnership
o T6X Exempl (Federallnwme tax~mpt enlJly 0 Umfted Uablllly Company
. under Inlema' Revenue SelVa guldallnes IRe
501 (c) 3) .
3, TaXPayer IdGntificatlon Number (for tax roporting purpoSflS only)
SocIalSecurttyNumber(SSN) ___"'__"____
OR
Federal Tax IdarttlficstJon Number [TIN) .
L~~~l:LL -V ~ q
4. Sign and Date Fo"YJ'
Certification: Un ~.JJ 'as of prlljuiy, I CB.rtlfy that the infr::Jrm
Signature
TrUa
Von1o<ROCJA-'l...S<.OWII
R_ 1=101
Russel/Hans
From:
Sent:
To:
Cc:
Subject:
KrumbineMarcy
Tuesday, June 30, 2009 1: 14 PM
RussellHans
motU; BigelowGary; RamseyFrank
RE: Collier County, FL Offers
Let's take their price at 94500.
~ ?::~
Marcy Krumbine, MPA
Director
Collier County
Housing and Human Services
239-252-CARE
239-252-HOME
239-252-8442
239-252-2638 - fax
Sharing heart to heart and home to home...
From: RussellHans
Sent: Tuesday, June 30, 2009 1:03 PM
To: KrumbineMarcy
Cc: motet; BigelowGary; RamseyFrank
Subject: FW: Collier County, FL Offers
Importance: High
Marcy,
Attached is the adjusted sale price that BAC (Countrywide/Bank of America) has established for 2560 4ih Ave NE--
$94,500.
This property appraised for $108,000; BAC's price is 87.5% of the appraised value ( 12.5% less)
We inspected this property on 6/23/09
Rehab costs are estimated at $9,650,
We offered $88,000 through a broker on 6/26/09; BAC is now dealing with us directly.
A $94,500 purchase price plus $9,650 rehab would yield a total cost of $104,150.
What's your pleasure. Thanks,
Hans
. -_. ,-'-"".--.--..-."Y"- __..________,,____.~__._... ....-~-.....-~...-....-..--.-.--"---'---.- ~-"- .".,.---. -- - ....-..,.,-.--,-.-.--.--. ,
From: Mavrolas, Kellie [mailto:kellie.mavrolas@bankofamerica.com]
Sent: Monday, June 29, 2009 3:30 PM
To: BigelowGary; Robinson, Johanna; Burgess, Jaime
Cc: mott_t; RussellHans
Subject: RE: Collier County, FL Offers
Hi Gary;
1
Please find attached the Adjusted Sales price for 2560 47th Ave NE, Naples, FL 34120. Please respond within 48
hours, Wednesday July 1,2009 of your acceptance or rejection.
4910 42nd ST NE and 367118th AVE NE are still within the valuation process and I will provide you pricing as soon
as I can.
Thank you!
Kellie Mavrolas
LA-REO Marketing SV
400 Countrywide Way
Mail Code: CA6-919-01-11
Simi Valley, CA 93065
805-520-5316 - Office
92-598-5316 - Internal
805-577-3426 - Fax
This communication may contain privileged and/or confidential information. It is intended solely for the
use of the addressee. If you are not the intended recipient, you are strictly prohibited from disclosing,
copying, distributing or using any of this information. If you receive this communication in error, please
contact the sender immediately and destroy the material in its entirety, whether electronic or hard copy.
This communication may contain nonpublic personal information about consumers subject to the
restrictions of the Gramm-Leach-Bliley Act. You may not directly or indirectly reuse or re-disclose such
information for any purpose other than to provide the services for which you are receiving the information.
2
Russel/Hans
From:
Sent:
To:
Cc:
Subject:
Attachments:
RussellHans
Tuesday, June 30, 2009 1 :21 PM
'Mavrolas, Kellie'; BigelowGary; Robinson, Johanna; Burgess, Jaime
motU
RE: Collier County, FL Offers
REO 10382270 - 2560 47th Ave NE_06 29 09.xls
Hi, Kellie,
I'm sitting in for Gary this week. Attached is our acceptance of your Adjusted Offer Amount of $94,500 for 2560 4ih Ave
NE. We look forward to receiving the Purchase and Sale Agreement.
Hans
From: Mavrolas, Kellie [mailto:kellie.mavrolas@bankofamerica.com]
Sent: Monday, June 29, 2009 3:30 PM
To: BigelowGary; Robinson, Johanna; Burgess, Jaime
Cc: motet; RussellHans
Subject: RE: Collier County, FL Offers
Hi Gary:
Please find attached the Adjusted Sales price for 2560 47th Ave NE, Naples, FL 34120. Please respond within 48
hours, Wednesday July 1, 2009 of your acceptance or rejection.
4910 42nd ST NE and 367118th AVE NE are still within the valuation process and I will provide you pricing as soon
as I can.
Thank you!
Kellie Mavrolas
LA-REO Marketing SV
400 Countrywide Way
Mail Code: CA6-919-01-11
Simi Valley, CA 93065
805-520-5316 - Office
92-598-5316 - Internal
805-577-3426 - Fax
This communication may contain privileged and/or confidential information, It is intended solely for the
use of the addressee. If you are not the intended recipient, you are strictly prohibited from disclosing,
copying, distributing or using any of this information, If you receive this communication in error, please
contact the sender immediately and destroy the material in its entirety, whether electronic or hard copy.
This communication may contain non public personal information about consumers subject to the
restrictions of the Gramm-Leach-Bliley Act. You may not directly or indirectly reuse or re-disclose such
information for any purpose other than to provide the services for which you are receiving the information.
From: BigelowGary [mailto:GaryBigelow@colliergov.net]
Sent: Friday, June 26, 2009 7:40 AM
To: Robinson, Johanna; Burgess, Jaime; Mavrolas, Kellie
Cc: mott_t; RussellHans
Subject: Collier County, FL Offers
Importance: High
Good morning. Please advise if the following offers are accepted on the properties listed below, or if BAC will propose a
counteroffer:
4910 42nd ST NE - $55,000
3671 18th AVE NE - $50,000
Thank you.
c;;ary (Bige(ow
Property Acquisition Specialist
Collier County Real Property Management
239-252-8073
Please note: Florida has a very broad public records law. Most written communications to or from County officials
regarding County business are public records available to the public and media upon request. Your e-mail
communications may be subject to public disclosure
2
. Adju~ted Offer Arnounf .
$94,500.00
.c:' "~"~_~~~'t .\.(;:~~:};;~:';; ;;.-":J;.~ >.~..' ..;:::\: ::- :~.: . . . ,'_:'::::'" ,:.....:.' . c
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Accept~d. (Yes/No)
I
Reason
I
YES
4278303 OR: 4440 PG: 0142
RBCORDBD in OFFICIAL RBCORDS of COLLIIR COURT!, FL
04/01/2009 at 10:49AM DWIGHT I. BROCK, CLIRI
RIC PBB 35.50
J /lojLltlr(j)1J1Vq
Retn:
NORTH AKlRICAI TITL! CO
PIc( UP
LIMITED POWER OF ATTORNEY
Wells Fargo Bank, N.A., Successor by Merger to Wells Fargo Bank Minnesota, N.A., F/KJA Norwest
Bank Minnesota, N.A., (the "Company") hereby irrevocably constitutes and appoints Countrywide
Home Loans Servicing LP (hereinafter called "Countrywide") and any other officer or agent thereof,
with full power of substitution, as its true and lawful attorney-in-fact with power and authority in the
place and stead of the Company and in the name of the company or in its own name fran time to time in
Countrywide's discretion, for the purpose of servicing mortgage loans, to take any and all appropriate
action and to execute any and all documents and instruments which may be necessary or desirable to
accomplish the purposes of servicing mortgage loans, and without limiting the generality of the
foregoing, the Company hereby gives Countrywide the power and right, on behalf of the Company,
without assent by the Company, to do the following, to the extent consistent with the terms and
conditions of the Pooling and Servicing Agree hed hereto as Exhibit A (the "Agreements") :
lE,R CO(;
(i) All documents with resp . ential mo '~R~ serviced for Principal by said
attorney-in-fact which ar s arily and reasonably neteS ry and appropriate to the
satisfaction, cancellatio , or ~ti II release of mo age deeds of trust or deeds to secure
debt upon payment an dis ar~~1I su s se r d there y; ( ') Instruments appointing one or
more substitute truste s to a . I h ~ in eds of Trust;
(iii) Affidavits of deb, no c of fi It d a a t, n tices of foreclosure, and all
such contracts, agree Mt d ed n i s r ap 'lOP iate to effect any sale, transfer
or disposition of real ~fP cquir roug ure ~ erwise. (iv) All other
comparable instrumen ~.!::J
~~ .0
This Limited Power of Attorney i JA.ffi hall remain in full force and effect
until revoked in writing by the unde greement, whichever is earlier.
/t:
ment
Dated: April 14,2008
By: a a Schlachter
Its: Vice President
UlX;:esP-:
Colleen Perry ~
~~~ l.",,_.
enja In Forman
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A ,.;CKlIST FOR NSP GRANT
/P;thered from NSP Admin Plan and Resolution)
(not'
p.JRESS:
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Appraised Value is discounted at least 5%
,.---
Property will focus on lip Codes 34112 (E. Naples) or 34116 (GG City) or 34120 (GG City)--they are
flexible if housing market changes
----'
Review all paperwork attached to make sure signed, dated and completely filled out
.-::::::.
Review specific documents for additional clauses/requirements not noted below and that they
have been conformed with
---c;:'
All documents are fully executed and have not expired
Contract extensions approved by Purchasing Dept up to 6 mths, otherwise go to BCC
ACQUISITION: (D=Recelved by Deposit, C=Recelved by Closing or both D & C if no Deposit)
---- D Average price (sum of all) shall be discounted 15% of appraised value (Mininum of 5%)
~ D Total acquisition price/ut shall not exceed $150,000 w/o express permission from BCC
-
--=::::;:::-D Appraisal completed w/in 60 days PRIOR to an offer to purchase.
..LD' Property has been evaluated by HHS staff
Property must have been foreclosed upon, vacant at least 90 days (noted on appraisal), and on
L. D lender's list of current inventory.
Written agrmt for Sale & Purchase (confirms to County policy)--agmt only made with bank/lender
",-/. D holding title to property
~D Approved by Director of HHS (or designee)
/6/c Letter of Federal Funding issued to bank
Agreements for sale and purchase approved by County Attorney's Office for form and legal
--L D sufficiency (all pages containing Chairman's signature)
C Environmental Review conducted by HHS
C Title has been examined by Real Property Mgmt
C Closing Statement
Page 1 of ~
",..~_.-->-'-"'"
pocho~
Subject:
mott t
Thursday, August 20,200912:00 PM
Suzanne Boothby; pochopinJ>
RamseyFrank; DanielsTerri; DeSearJacquelyn; KrumbineMarcy; Crystal K. Kinzel;
LeonardRoosevelt; BigelowGary
RE: NSP Acquisition: Berman, Rennert, Vogel and Mandler - DEPOSIT - 2560 47th Ave NE
($2,835)
From:
Sent:
To:
Cc:
Importance:
High
From: Suzanne M. Boothby [mailto:Suzanne.Boothby@collierclerk.com]
Sent: Wednesday, August 19, 2009 5:06 PM
To: pochopin_p
Cc: mott_t; RamseyFrank; DanielsTerri; DeSearJacquelyn; KrumbineMarcy; Crystal K. Kinzel
Subject: NSP Acquisition: Berman, Rennert, Vogel and Mandler - DEPOSIT - 2560 47th Ave NE ($2,835)
Hi Pat,
The NSP Deposit Pay Request submitted for the property located at 2560 47th Ave NE is formally rejected by Finance as
of August 19, 2009 based upon the following:
1) The appraisal notes that the property "has been vacant for at least 90 days as of 7/8/09", The appraisal was
signed on June 17,2009,
a, An email has been sent to Legal (Colleen Greene) for clarification on using a future date on the appraisal
in relation the NSP Admin Plan and the URA. I will review her reply with Crystal when she is
available.
2) Agreement states the deposit money is to be delivered within 7 business days after execution, Per language in
the agreement, the executed date is the first above written date-August 10, 2009. The 7-day time frame will
be exceeded if payment is made on the 21st. The seller may choose to accept the $2,835 deposit anyway.
If you have any questions or need clarification regarding the above, please let me know.
Thanks,
Suzanne
Suzanne Boothby
Grants Accountant
Collier County Clerk of the Circuit Court
Court Plaza III - Finance Department
2671 Airport Road South
Naples, Fl34112
239.732.2608 (phone)
239.774.2096 (fax)
Suzanne.Boothbv@colllerclerk.com
Under Florida Law, e-mail addresses are public records, If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity, Instead, contact this office by telephone or in writing,
1
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PUBLIC RECORDS Property Appraiser Sales Data Property Appraiser Sales Data
4/00/2009 DESCRIPTION +1-$ DESCRIPTION +1-$
Ad'ustment Ad'ustment
4/00/2009 $0 5/00/2009 $0
GG Estates -Bank REO Equal $0 Equal $0
RES 1 YR 1992 Res I yr 2006 Minus Res 1 Yr 2005 Minus
RANCH 11,185SF Minus RANCH/1,410SF Minus RANCH/1,500SF Minus
1.14 AC $0 1.14 AC $0 1.14 AC $0
CBS STUCCO $0 SIMILAR $0 SIMILAR $0
Garage NO GARAGE $0 2 CAR GARAG E Minus 2 CAR GARAGE Minus
Amenities 1 Pool, Etc POOL Plus NA Plus NA Plus
Sales or Financing CASH CASH
::oncessions
REAL ESTATE APPRAISAL
Property Address
2540 50TH AVE NE NAPLES FL
FL
Zip
~./ 33618
/
SUBJECT PROPERTY
'2540 50TH AVE NE
Range
28
Acres
Map No.
Strap No.
1.14
.. ~ Millage Area
Millage
COMPARABLE NO.1
2431 48TH AVE NE
COMPARABLE NO.3
2442 45TH AVE NE
WITHIN 2 1/4 MILES
$110,500
~et Adj. (Total)
ndicated Value of
iubject j ___
:omments on Market Data: Considering the curr' nt Real Estate climate and the number of unsold properties, all the market data used in the appraisal report is
om formerly bank REO properties. The estim ed value is $84,000. The subiect property will be vacant at least 90 days effective 7/1/2009.
-$8,000
$5,000
-$15,000
$107,000
$84,000
$95,000
omments and Conditions ill Appraisaljrhe interest being appraised is fee simple, and the highest and best use of the parcel is considered vacant. The 4
ements of H & B use are considered,/~nd the sales approach is considered most real/able. The appraiser's decisions and scope of work are relevant to any
laracteristics applicable to extraordip'ary assumptions or hypothetical conditions. The three approaches to value are considered, however, only the sales
'proach applies to the appraisal scope of the assignment.
I
JEJ Reconciliation: All three app~aches were considered in the valuation of this parcel. The sales approach method is given most weight. The value of the
inions and conclusions may be lffected due to later known or unknown adverse conditions that exist with the subject property.
I
..
,TIMATE MARKET VALUE: /
I THEMA TICA LL Y. .~' /~-)
;(i(' )/ ~// /)
praiser: ,'\~.r ~~
Roosevelt Leonard
$84,000
6/10/2009
Land Appraisal Report, Appraisal Farm 02 Rev. 4/19/06
REAL ESTATE APPRAISAL
Folio No. 3978.36400041 Property Address 137...... -lIst ,he "IE: ~APLE:S. FL
Owner Name S \XO'- 'lOin (;\(;r: SEI{\J(FS
Addresses 41l~tI ( o'\. IW
City (; u:\ \ !.I. 1:'\ 1 St. te I' \ 1 Zip 1 2JUfill
Legal (,OI.DE'\ (;\TE I<S'I I ....n (,2 E
~~I' r or IH III.. Olt 6~~ PC III
Section I Township I Range I Acres I Map No, I Strap No.
I 1 1.1.. 1 1
TYPE. IU:SfIlC....n.'L I SI. I 1'., Millage Area r:. Millage
.. Use Code I 1 I
SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3
Address: 3744 41ST AVE NE 3830 45th AVE NE 4730 40th ST NE 4145 EVERGLADES BLVD N
Proximity to Subject J' .-;5,.,j':....C',,,,, ".,__;'i!,.: 39785320005 39710360001 39842760003
Sales Price $106,300 0 I $120,000 ;~f~ $103,000
Unit Price I I
Data Source PUBLIC RECORDS Property Appraiser Sales Data Property Appraiser Sales Data Property Appraiser Sales Data
Date of Sale & Time Apr-09 DESCRIPTION +/-$ DESCRIPTION +/-$ DESCRIPTION +/-$
Adiustment Adiustment Adiustment
Adjustment ....,.", " .... .'. 4/00/2009 $0 4/oof2009 SO 1/00/2009 SO
Location GG ESTATES -Bank REO Equal $0 Equal $0 Equal $0
AGE RES 1 YR 2006 Res 1 YR 2005 $0 Res / yr 2006 $0 Res / Yr 2003 $0
SO Footage 1,260sf 1,674sf Minus 1.592sf Minus 1 ,683sf Minus
Size/Acres 1,14 AC 1,14AC $0 1,17AC $0 1.14 AC $0
Exterior CBS STUCCO SIMILAR $0 SIMILAR $0 SIMILAR $0
Garage 1 Car garage 2 Car gar Minus 2 Car gar Minus 2 Car gar Minus
Amenities / Pool, Etc
Sales or Financing CASH CASH CASH
Concessions
. "f,;;f" 0 ,,:~.. "".
Net Adj (Total) ....:-.. . ..' ........ .. -$3,000 - -$3.000 -$3.000
Indicated Value of :;.:~i""';i:~ ":,.. . ....
':i;"~~~ r ,;~~,. $103.000 $117.000 $100.000
Subject >,.C' c.' co' ......', ;.'. ;,.....; .'. ;.
Comments on Market Data: Considering the current Real Estate climate and the number of unsold properties. all the marnel data used in the appraisal report is
from formerly bank REO properties, The estimated value is $108,000 The subiect DroDertv will be vacant for go davs at time of closin".
Addendum to Appraisal dated April 1, 2009. Effective May 22. 2009, subject property has been vacant for at least ninety (90) days.
Comments and Conditions .2f Aporaisal: The interest being appraised is fee simple. and the highest and best use of the parcel is considered vacant. The 4
elements of H & B use are considered, and the sales approach is considered most realiable, The appraiser's decisions and scope of work are relevant to an\
characteristics applicable to extraordinary assumptions or hypothetical conditions, The three approaches to value are considered, however, only the sale~
approach applies to the appraisal scope of the assignment.
ESTIMATE MARKET VALUE: $108.000
MA THEM A T1CALL y.
Appraiser: l./'.~r/"~"Ii~ ,.- '. ,1' 5/22/2009
........-;.c. # ,/ ~-'-"
Roosevelt Leonard
Land Appraisal Report, Appraisal Form 02 Rev. 4/19/06