Addendum #2
Neighborhood Stabilization Program
Address: 5271 24th Ave SW, Naples, Florida 34116
ADDENDUM
THIS ADDENDUM is entered into by and between BAC Home Loans Servidng LP, F/K/A
Countrywide Home Loans Servidng LP, a Texas Limited Partnership, as servldng agent and
attorney in fact for The Bank of New York as Trustee for the Certlficateholders of ONABS 2005-
06, Seller, and COWER 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 "Agreement''). 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 proper1l.a~uisition approved by Bce:
~:~~~4; ~~9JfF
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ArreST:,," ". .,
DWIGHT E. BROO<~"CJei-k'::
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PURCHASER:
o.e.
BY:
DATED:~
SEUER:
Approved as to form and
legal I'
'\
Jenni1\
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 The Bank of New
York as Trustee for the Certificateholders of
()NABS 2005-06
By: ~.~ }JC\AJ(.&0-
Kellie Mavrolas
Its: Asset Manager
MEMORANDUM
Date:
August 3 1, 2009
To:
Hans Russell
Real Estate Services
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
NSP Program Purchase Addendum
Property Address: 5271 24th Ave SW
Attached, please find an original addendum as referenced above
(Agenda Item #10F) which was approved by the Board of County
Commissioners on Tuesday, March 24, 2009.
After processing please return the executed document to the Minutes
and Records Department for the official records of the Board.
If you have any questions, please call me at 252-8406.
Thank you.
Co _ler County
--- ~.......-...
- -~~ -
Public Services DMsion
Housing & Human SelVices
MEMORANDUM
TO:
FROM:
DATE:
HE:
Neighborhood Stabilization Program File
Frank Ramsey - Housing Manager
August 26,2009
5271 24th Avenue SW, Naples, FL 34116
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 5271 24th Avenue SW, Naples, FL 34116,
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 Sale 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 $2,500.00 for
property located at 5271 24th Avenue SW, Naples, Fl34116 conforms to program guidelines and is legal and
authorized.
-~
Frank Ramsey
Housing Manager
Housing 0
HuMan Services
of CoIIler Counly
Coler CoIJlIy Housi1g and Human Se\tes . 239-252..cARE (2273) . 239 252-HOME (4663) . www.colliergov.nellhumanservices
Send all Invoices to:
Board of County Commissioners
Purchasing Department
3301 Tamiami Trail E
Naples, Florida 34112
Tax Exempt: 85-801262183OC-2
(i)
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 Involc..:
Purchase order
PONumber 4500109352
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:
.- (1 '\ (l ,,:5- ~ ':J 7 7 d... ',5- 0
Terms of Payment
Net 30 Days
Currency
USD
Item
00010
Material
Description
Order Qty Unit
2,500 each
Price Per Unit
1.00
Net Value I
2,500.00
5271 24th Ave SW
Quantity still to be delivered
oeach
BCC 3-24-09 item 10F Deposit due 8-21-09 no later wiring instructions attached. Please notify pat at 8991 and Jacquelyn
5701
at time of wiring.
Item completely delivered
Total net value exel. tax USD
2,500.00 I
VENDOR Terms and Conditions
The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Purchasing Internet site:
http://www.colliergov.netllndex.aspx?page=762 (revision date 0112212008), ineluding 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:
" ,~ Stephen Y. Carnell, General Services 1 Purchasing Director
PrintBd TueAug 18200913:31:54 GMT-0400
121-138755-884300-33050.2.22
Page 1 of 1
Date:
Account String:
PO Number:
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 BV
PRINT NAME
DATE
HHS
APPROVED BY
PRINT NAME
DATE
COLLIER COUNTY
REAL PROPERTY
HOUSING AND HUMAN SERVICES
3301 E Tamiami Trail, Naples, Florida 34112
Neighborhood Stabilization Program (NSP)
Purchase Order Request
Direct Pay Request
'J
J) / ~ /-3'3 TSS -Rfi'JI...'1()() -.~3 ::rO,-'-(,). ,I..' t.. BCC Approval Information
Date Approved: 3/24/2009
/0 I firs 7 by' Agenda Items: lOE & lOF
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VEPUS/T Due::... NOI-E 2-
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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 -;9-/(:'
Purchase price does not exceed $150,000 ','Ue_,
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 regal sufficiency
Letter of Federal Funding issued to Bank/Lender
Purchase approved by HHS Director or Designee
Initial Below
Real Property HHS
c. ,(!
APPRAISAL REQUIREMENTS Real Property HHS
Appraisal loaded in SAP fJ/--e
Sales price discounted at least 5% from appraised value "llLf-?
Appraisal state property vacant 90 days "'//L(
Appraisal completed within 60 days of offer to purchase ~/K-
Initial Below
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.
1(,) P E TL/i2lJ/S/;I<<7p h~ ///
Print Name dL'6( U;t:,i 77t.~u .f2"t C{ u6 <;',-
Real Property has reviewed the title commitment prepared by a licensed title
company, which has examined title to the subject property. J () 7?:. ~ nl).:",f) (;II~/) tv/ /7/
Print Name /) t'(;(v/t;/ TJO)0 l.!{ t(vct:;r
COLLIER COUNTY
REAL PROPERTY
HOUSING AND HUMAN SERVICES
3301 E Tamiami Trail, Naples, Florida 34112
ATTACHMENT LIST
CONTRACT DEPOSIT
REQUIRED ATTACHED TO TO BE SENT WITH
ITEMS THIS REQUEST CLOSING CHECK REQUEST
1. Fully executed Purchase Agreement jflJ(
2. Agreement addendum (if applicable) A,.:j; +-
3. Letter of Federal Funding (URA) . .~
4. Property Appraisal '-rJ-J-k:- .
5. Closing Statement l~
6. Wire Instructions /J...J-(:I
7. Form W-9 . 7-/....C.)
7 c..
8. Zero Dollar Change Order (if applicable) ;V) It
9. Evidence of HHS approval of offer made T~'--,
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EARNEST MONEY
. ADDENDUM TO PURCHASE AGREEMENT
THIS ADDENDUM TO PURCHASE AGREEMENT is dated as of the 10 day of Aupt. 2009. by and
between BAe HOME LOANS SERVICING LP, FIKJA COUNTRYWIDE' HOME LOANS
SERVICING LP, a Texas I.Jmited PlU:1!lersbip, whose address is 400 Countrywide Way, Simi
Valley, California 93065 as servicing agent and attorney in fact for' Bank of New York as
Trustee fur the CClrtificatcholdcrB of CW ADS 2005-06 (hereinafter called "Seller"), Collier County, a
Political Subdivision of tho State ofPlorida (herciDafter called -'Purchucr"), and Berman, Rennert, Vogel
and Mandlar (hereinafter called "BIcrow Agent"), amending that certain Purchase Agreement between
the Parties of cveD dates herewith.
. .
1) Escrow Agent acknowledges that upon receipt of earnest money in the amount of $2,500.00
punroant to tbc Real Estate Purchaic Aareema:rt dated August 10, 2009. entered into between
Seller and Purobascr ("Pu1dJ.asc Agreement") the ElKlI'Ow Agent ,ball send written
acknowJedaement of receipt of fbnds to the SeUer and Purchaser, Escrow Agent shall hold in.8
non-interest bearing account pursuant to taxpayer infonnation provi.ded to Escrow Agent by
Putchaser.
2) If Purchaser cance1s the Purcbue Agreement, Purchaser must give written notice to Escrow and
SeUor. If Escrow Agent does not receive a written objection from Seller within a five (5)
business day period aftar the date of Purcbascr's written notice. then Escrow Agent shall disburse
the eamoat JD(')JlO}' to Purdwer. If Escrow Agent n:coivea a written objl:lCtion from SeUer within
such five (5) business day period, Escrow Agent ahaIl continue to hold the earnest money until
Eacrow Agent receives joint written instructions from Seller and Purchaser regarding
disbursement of the earnest money or until Escrow Agent receives a final order from 8 court of
compet.cDt jurisdiction directing Becrow Agent to releuc the earnest money.
3) Wherever in this AgrcorDent it shall be requiml that notice or demand be given by either Party to
this Agrecmeot to the othor, such notice C>>' demand shall not be deemed givon or SOlVed unless in
writing and forwarded by (i) registered or certified mail. postage prepaid, (ii) by reputable
overnight courier such as Federal Express. Airborne or others, or (iii) by facsimile, addressed as
follows:
To Soller at:
SAC Home Loans Servicing LP. FIKIA Countrywide Home Loans
Servicing LP,. Texas Limited Partne:rsbip
400 Countrywide Way. Simi Valley. CA 93065
Attn: Real Estate Management - NSP
To Purohuer-=
Collier County, a Political Subdivision o/the State of Florida
3301 Tamiami Trail But
. Naples, PL 34112
Attn: Gary Bigolow
To Escrow Agent at:
Berman, Rennert, Vogel and Mandler
tOO SB '1!' Street - 29" P1r
Miami, PL 3313]
AttD: Scott Levine
The date ofnotic:e shall be the date dcpositecfln thO U.S. Mail. with an overnight delivery service, or sent
by faadmile.
Addendwn - Page 1
r () AA5-
I 0 q:!f6' .'~
4) The sole dutiCls of EIcmw Aga 8baIl be dlOIIe delcribccl herein. and Escrow Aecnts1taU be
1.IIId<< DO obJiptiao to ~- wbetbec the other parties haao me c::omplyiDt with any
requiIemcDtI of law of tile blImI 8Dd coadltione of any other apileIDCDtl 8UIODI II8id parties.
B8crow Asem may COIlClusiwIy rely upoo aocl sbal1 be potectecl in aotina upon any notice,
COIlIOJJI, Older or oIba' c100umeut bc1ieYed by it 10 be pouiDo aDd to haw been siped or
presented by the propclr PIIty or partie&. cnalilleat with reaIOD8bJe due dilipoce on :Escrow
. Agent's part. Escrow Aacat ID8y CODIUIt the advice of COUD8CI wJ.th Jespect to any iasuea
CODCCrDiDg the ink:Iprewioo of itI duties 11-......... Purchaser aod Seller hereby acknowledge
such filet lIDd iqdNnnity ad bold buml.. 8Icrow AJCDt tiom any action tWo by it in aood
faith iJa re1iaDce thereon. E8cruw Aaco& IbaIl have DO duty or liability to 'laity my 5Ueh nociec.
coasent, order 01' other doc:umeat. .. itI .. reIpOD8ibiIity shaD be to act . expressly set fOl1b
in tJu. Ap:crDeat &crow Apat 8baIl be UDder DO obHptioa to .iJIItiUIte or cWaad any tWlion,
suit or ~ in CCJIJIIIlldioIl with this Aw.~ If my dispute arises with I'eIpIId to tbe
diabwlk;wU)t of 8DY moaicI. Bscrow Apat may continue to hold the same or commence an
action in iDtctplcador ad in c:oMCCti<<Ja therewith remit tho 8IDlO to a court of competent
juriJcUctiol1 peDdi"J resoluIion of sach cIi8puto.lDCl the Parti. hereto hereby iDdemaify and hold
. harmJca Escrow Ageat fur my ICdOIlIIIken by it in good faith in tho oxecutioa of ita duties
hemmder. Tbe Parties .. tIuIt there may exist . potadiaJ confUct of ~ bctwceD the
duti. and obIiptioas of~ AImt punIII8Dt to lhis Apecmalt a.a iDIurer of the tide to
the property aftel' sale frtm ScUcr to PurcbaIer. TIle Parties hereto ackoDwladge such potential .
oontliet and indemnify aad bold barmlees &amw Apot from any claim of iDfac8t arisDJg 88 a
result of tho exerciIo of iU dutieI benlODder aad in detamiDial wbether it am sJw its irrevbcabJe;
commitment to iaaurc title.
SIU.I.1r.lt:
SAC HOME LOANS SERVICING LP,
FIKIA COUNTRYWIDE ROME LOANS
SERVICING LP, a Texas Umited
Partnership, whose address is 400
Countrywide Way. Simi VaJIi,y, CalifimUa
93065 as savicins asent and attorney in filet
for Bank of New Ycd as Tmstcc for the
CertificateholdCll'8 of CW ADS 2005-06
By. ~~~~~
Its: Asset Mamlp:r
PURCIIASJUl:
Collier County,
A Political Subdivision oftha State of Florida
Benuaa,
By:
ed *
Ma.-dler) f Ii
EARNEST MONEY
ADDENDUM TO PURCHASE AGREEMENT
THIS ADDENDUM TO PURCHASE AGREEMENT is dated as of the 10 day of August, 2009, by and
between RAC 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 Bank of New York as
Trustee for the Certificateholders of CW ABS 2005-06 (hereinafter called "Seller"), Collier County, a
Political Subdivision of the State of Florida (hereinafter called "Purchaser"), and Bepnan, Rennert, Vogel
and Mandler (hereinafter called "Escrow Agent"), amending that certain Purch~.ll'6 Agreement between
the Parties of even date herewith. /
/
Escrow Agent acknowledges that upon receipt of eainest money' the amount of $2,500.00
pursuant to the Real Estate Purchase Agreement dated August 1 , 2009, entered into between
Seller and Purchaser ("Purchase Agreement") the Escro Agent shall send written
acknowledgement of receipt of funds to the Seller and Purchas . Escrow Agent shall hold in a
non-interest bearing account pursuant to taxpayer informat' n provided to Escrow Agent by
Purchaser.
1)
2)
If Purchaser cancels the Purchase Agreement, Purchaser ust give written notice to Escrow and
Seller, If Escrow Agent does not receive a written bjection from Seller within a five (5)
business day period after the date of Purchaser's wotte notice, then Escrow Agent shall disburse
the earnest money to Purchaser. If Escrow Agent rec ves a written objection from Seller within
such five (5) business day period, Escrow Agent sh I continue to hold the earnest money until
Escrow Agent receives joint written instructio s from Seller and Purchaser regarding
disbursement of the earnest money or until Escro Agent receives a fmal order from a court of
competent jurisdiction directing Escrow Agent to r lease 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, such notice or dem,fnd shall not be deemed given or served unless in
writing and forwarded by (i) registered or qertified mail, postage prepaid, (ii) by reputable
overnight courier such as Federal Express, Airborne or others, or (iii) by facsimile, addressed as
follows: i
i
BAC Home Loans/ Servicing LP, FIKIA Countrywide Home Loans
Servicing LP, a Te~as Limited Partnership
400 Countrywide "fay, Simi Valley, CA 93065
Attn: Real Estate Management - NSP
I
Collier CountY'/h Political Subdivision of the State of Florida
3301 Tamiami Trail East
Naples, FL 3411/2
Atto: Gary Bigellow
i
3)
To Seller at:
To Purchaser at:
To Escrow Agent at:
Berman, RenneIit, Vogel and Mandler
100 SE 2nd Stredt - 29th FIr
Miami, FL 33 13 ~
Attn: Scott Levire
\,
The date of notice shall be the date deposited in the D.S, Mail, with an overnight delivery service, or sent
by facsimile.
Addendum - Page]
4) The sole duties of Escrow Agent shall be those described herein, and Escrow Agent shall be
under no obligation to determine whether the other parties hereto are complying with any
requirements of law of the tenns and conditions of any other agreements among said parties.
Escrow Agent may conclusively rely upon and shall be protected in acting upon any notice,
consent, order or other document believed by it to be genuine and to have been signed or
presented by the proper Party or parties, consistent with reasonable due diligence on Escrow
Agent's part. Escrow Agent may consult the advice of counsel with respect to any issues
concerning the interpretation of its duties hereunder Purchaser and Seller hereby acknowledge
such fact and indemnify and hold hannless Escrow Agent from any action taken by it in good
faith in reliance thereon. Escrow Agent shall have no duty or liability to verify any such notice,
consent, order or other document, and its sole responsibility shall be to act as expressly set forth
in this Agreement. Escrow Agent shall be under no obligation to institute or defend any action,
suit or proceeding in connection with this Agreement. If any dispute arises with respect to the
disbursement of any monies, Escrow Agent may continue to hold the sam<; or commence an
action in interpleader and in connection therewith remit the same to a, tourt of competent
jurisdiction pending resolution of such dispute, and the Parties hereto her~ts'y 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'andas insurer of the title to
the property after sale from Seller to Purchaser. The Parties herpto acknowledge such potential
conflict and indemnify and hold harmless Escrow Agent from jlhy 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: ./
I
BAC flOME LOANS SERVICING LP,
F/KJ;.. COUNTRYWIDE HOME LOANS
SEJ;lVICING LP, a Texas Limited
Pa,fnership, whose address is 400
C~untrywide Way, Simi Valley, California
93065 as servicing agent and attorney in fact
for Bank of New York as Trustee for the
/Certificateholders ofCW ABS 2005-06
By: I ~~l;' ^' ~rJv'\tr,-y
KeIlie Mavrolas
Its: Asset Manager
PURCHASER:
Collier County,
A Political Subdivision of the State of Florida
*See substitute signature page attached hereto*
ESCROW AGENT:
Berman, Rennert, V ogeJ and MandIe
By:
Scott Levine
Its: Vice President
Addendum - Page 2
Project: Neighborhood Stabilization Program
Folio Number: 36309240001
Property Address: 5271 24th Ave SW, Naples, 34116
Document: Earnest Money Addendum
SUBSTITUTE SIGNATURE PAGE
Date property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED: '61 J:z/~c;
ATTEST:
DWIGHT E. BROCK, Clerk
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BY:
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UNTY COMMISSIONERS
TY, FLORID'}'
'hn~ d/-
iala, Chairman
Approved as to form and
legal sufficiency:
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Jennifer'-' . White
Assistant County Attorney
LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978
TO PURCHASE AGREEMENT BETWEEN
BAC HOME LOANS SERVICING LPJ FIKJA COUNTRYWIDE HOME LOANS
SERVICING LPJ a Texas Limited Partnership, whose address is 400 Countrywide Way, Simi
ValleYJ California 93065 as servicing agent and attorney in fact for Bank of New York as
Trustee for the Certificateholders of CW ABS 2005-06, AS SELLER
AND
Collier CountyJ 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.
SELLERJS 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 in 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 and/or 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
~
received a 10-day opportunity (or mutually agreed-upon period) to conduct a risk
assessment or inspection for the presence of lead-based paint and/or lead-based
paint hazards; or
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:
BAC HOME LOANS SERVICING LP,
F/KJA COUNTRYWIDE HOME LOANS
SERVICING LP, a Texas Limited
Partnership, whose address is 400
Counuywide Way, Simi Valley, California
93065 as servicing agent and attorney in fact
for Bank of New York as Trustee for the
Certificateholders of CW ABS 2005-06
By: ~~ ~'{~
Kellie Mavrolas
Its: Asset Manager
PURCHASER:
Collier County,
A Political Subdivision of the State of Florida
*See substitute si2nature page attached hereto*
Addendum - Page 4
Project: Neighborhood Stabilization Program
Folio Number: 36309240001
Property Address: 5271 24th Ave SW, Naples, 34116
Document: Lead Paint Addendum
SUBSTITUTE SIGNATURE PAGE
Date property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED: ~ J/~/t?q
4 I
ATTEST;, . C'-';'j'-)D"
, . _'_ 'e..""'\ . . . ~ . . . . ,'.
DWIGIdr. E. BROCK,' Clerk
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BOARD OF CO NTY COMMISSIONERS
COLLIER CO . Y, FLORIDA / _
In-rn~~ ~,~
la, Chairman
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Approved as to form and
legal sufficiency:
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Jennl r B. White
Assistant County Attorney
Group ID No. '29] I -=t~;0
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made between BAC
HOME LOANS SERVICING LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING
LPt a Texas Limited Partnership, whose address is 400 Countrywide Way, Simi Valley,
California 93065 as servicing agent and attorney in fact for Bank of New York as Trustee for the
Certificateholders of CW ABS 2005-06 ("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
5271 24th Avenue SW, Naples, County of Colliert 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:
Neiehborhood Stabilization Proeram. The Parties acknowledge that the sale and purchase of
the Property 1 check applicable provision] IS [8J 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 B:om Seller the Property,
2. Purchase Price. The purchase price for the Property ("Purchase Price") shall be
Fifty Four Thousand Five Hundred and NoIIOOth Dollars ($54,500.00), However, the amount
payable by Purchaser to Seller for the purposes of this transaction as the consideration to be paid
shall be Forty Seven Thousand, Five Hundred and No/100th Dollars ($47,500.00) ("Total
Adjusted 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 No/lOOths Dollars ($2,500,00), whichever is .6rreater ("Earnest Money")
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) Forty Five Thousand, and Nol100ths Dollars ($45,000.00) 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 certain 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 Guidelines~ 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: Closine 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 not prohibit Purchaser from purchasing its
own title pollcy or Title Commitment.
(d) The closing agent for the transaction shall be selected by the Seller and
identified in the Earnest 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
doc:umentation, 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 and/or 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 harmless from all liability claims, demands,
damages, and costs related to the Purchaser's inspection and any inspection conducted by
Purchaser after the date of this Agreement, and the Purchaser shall repair all damages arising
2
from or caused by the inspections. The Purchaser shall not directly or indirectly cause any
inspections to be made by any govemment building or zoning inspectors or govemment
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 wintelized 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 responsibiiity for any personal property remaining
on the Property at the time of closing,
6. Closin2 Costs and Adjustments:
(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
determining 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 between Purchaser
and Seller as of Closing Date with payments not yet due and owing to be assumed 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
cun-ent 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 celiified 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 fonn 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. rfPurchaser 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
contained in Section 12 herein.
4
11. Title and Examination.
(a) Within five (5) days from the date of this Agreement, Seller will order a
commitment for a title insurance policy (the "Title Corrunitment") 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 perform this agreement according to its terms.
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 11, which, if valid, would make title to the Property uninsurable and not
correctable within sixty (60) days, Seller shall have the right to terminate 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 affirmative 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 terminate 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 Seller the 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) Neither Seller, nor its servicers, employees, representatives, brokers,
agents or assigns, has made any representations or warranties, 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 wa1Tanty 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 convey 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 fonner mortgagor of the Property whose interest
was foreclosed, or is related to or affiliated in any way with the fonner 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 Seller'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 terminate 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 termination 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 form 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 of the 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 temlinate 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 tenninates 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 retum of its Eamest 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 puniti ve 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 tllis Agreement or a breach of this
Agreem ent.
(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 telminated, 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 hmmless 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 shall include all 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 offering any adjustment to the
Purchase Price or the Purchase Price 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 f01ih 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) tenninate the Agreement or (c) Purchaser and
SeHer 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 tenninate 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 alarm 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 Purchaser'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
deemed 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 perfonnance 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 Agreement: 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 infonnation on
lead based paint and/or lead based paint hazards or Seller Disclosure and Release Addendum or
other disclosure forms 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, walTanties, covenants or agreements, either
written or oral and there are no oral or other written agreements between Purchaser and Seller.
NO ORAL PROMISES, REPRESENTATIONS (EXPRESSED OR IMPLIED),
'V ARRANTIES 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, term or clause of this Agreement shall be revised,
modified, amended or waived except by an instrument in writing signed by Purchaser and Seller.
25. Rights 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
^..greement, 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 Maieure: Except as provided in Paragraph 17 to this Agreement, no Party
',hall be responsible for delays or failure of performance resulting from acts of God, riots, acts of
11
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, workaround plans or other means.
30. Attorney 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 Pm1y 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 1 or as otherwise provided in writing to the other Party.
32. Successors and Assiens. This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of each ofthe Parties hereto.
33. Attorneys' 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. Governin2 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 SelJer. 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:
0) Affidavit Regarding Purchaser;
(ii) Executed Settlement Statement; and
(iii) The balance of the Purchase Price due at Closing,
38. State and Local Specific Provisions: See Addendum 2
39. As-Is Sale Propertv 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, induding,
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 otber matter
affecting the stability or integrity of the Property;
(ii) the confonnity 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 propelties 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 condi tions of the Propelty, 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 Earnest 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 terminated 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 oflmportant Rif!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 Agreemcnt;
(vii) any right to avoid the sale of the Property or reduce the price or
hold the Seller liable for any claims arising 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 mattcr 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. Ban~ain Sale; Charitable Donation: The Parties agree that if the Property is
being donated to the Purchaser the Purchase Price shall be determined based upon the bargain
sale rules of the IRC, 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 IRC.
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 ofbankruptcy, insolvency, or otherlaws 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 celtificate of occupancy
prior to the transfer to title to the Property or for the occupancy of the Propelty by Purchaser, the
Parties agree that the Seller shall not be obligated to provide any such celiificate of occupancy as a
condition of the Closing. Purchaser agrees to accept the Property without such certificate of
occupancy and to be responsible for all costs relating to the securing of such certificate.
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 determined at Seller's sole discretion, to assist Purcha.c;er 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 Carter Wheeler (Seller's agent) who shall be entitled to a commission in the amount of
$1.250,00, 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 SERVICINGLP, 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
Bank of New York as Trustee for the
Certificateholders ofCWABS 2005-06
By: ~1~~li,,~k'Y
Kelhe Mavro as
Its: Asset Manager
PURCHASER:
Collier County, a Political Subdivision of the
State of Florida
*See substitute sil!nature pag:e attached hereto*
18
Project: Neighborhood Stabilization Program
Folio Number: 36309240001
Property Address: 5271 24th Ave SW, Naples, 34116
Document: Purchase and Sale Agreement
SUBSTITUTE SIGNATURE PAGE
Date property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED: 1: !f..:2.j 00;
ATTEST:
DWIGHTJ~"EfROGK, Clerk
b " ~..><","':'... ,:, ::>, ,,;,'
.. ' '. .,',~~
..._I~:. .
BOARD OF CO NTY COMMISSIONERS
COLLIER C TY, FLORIDA/ _
~ c:;r~4~
la, Chairman
Approved as to form and
legal sufficiency:
B-C;N~
Jennifer B. White
Assistant County Attorney
>.'~-",.,.,,~_" '"'111I __~ r W'1
EXHIBIT" A"
Legal Description of Property
Folio # 36309240001
The West 53.34 of Lot 19, and the East 53.32 feet of Lot 20, Block 192, GOLDEN GATE UNIT
6, according to the Plat thereof, of record in Plat Book 5, Pages 124 through 134, of the Public
Records of Collier County, Florida.
Exhibit A
EXHIBIT "B"
Personal Property
NONE, UNLESS SPECIFICALLY IDENTIFIED BELOW:
Exhibit B
REAL ESTATE APPRAISAL
Folio No. 3630924000 II Property Address 15271 24TH AVE SW NAPLES FLJ4116
Owner Name B,\:\I( OF'\E\\' \O/U-: TR 'Yo'>'llTIIII!\I'!' 8: DI.\/. 1',\
Addresses 1'0 BOX I I ,Oil
City FORT L\lDEIW.\tE I State 1Ft I Zip I 3333
Legal COLDEi'\ GATE (::\1'1' 6 BL/-: 192 W53.3-1FT OF lOT 1')+
E 53,321'1' OF LOT 20
Section I Township I Range I Acres I Map No. I Strap No.
21 -19 I 26 I 0.31 I I
TYPE. RESIDENTIAL ':SF: I p i\Iillage Area r:: Millage
~ Use Code MliLTIFA.\III.Y I I I
SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3
5271 24TH AVE SW 5400 24TH AVE SW 5387 24TH AVE SW 2483 55TH TER SW
Proximity to Subject WITHIN 2 MILES WITHIN 2 MILES WITHIN 2 MILES
Sales Price $87,000 $85,000 $72,000
Unit Price
Data Source PUBLIC RECORDS Property Appraiser Sales Data Property Appraiser Sales Data Property Appraiser Sales Data
Date of Sale & Time DESCRIPTION +1-$ DESCRIPTION +1-$ DESCRIPTION +1-$
Adjustment Adiustment Adiustment
Adjustment 6/00/2009 $0 4/00/2009 $0 3/00/2009 $0
Location GG CITY -Bank R'EO Equal $0 Equal SO Equal $0
AGE RES 1 YR 1989 Res 1 YR 1989 $0 Res 1 yr 1988 $0 Res 1 Yr 1988 $0
Style RANCH 11,508 SF RANCH 11 ,928sf Minus RANCH/1 ,971 SF Minus RANCH/1,660SF Minus
SizelAcres 0.31 AC 029 AC $0 0.31 AC $0 026 AC $0
Exterior CBS STUCCO SIMILAR $0 SIMILAR SO SIMILAR $0
Garage NO GARAGE NO GARAGE SO NO GARAGE SO NO GARAGE $0
Amenities 1 Pool, Etc MUL TIFAMIL Y Equal SO Equal $0 Equal $0
Sales or Financing CASH CASH CASH
Concessions
Net Adj. (Total) -$9,000 -$9,000 -$2,000
Indicated Value of $78,000 $76,000 $70,000
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 $70,000. The subiect property has been vacant for at least 90 days as of 9/10/2009,
Comments and Conditions .Qf 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: $70,000
MATHEMATlCALLY:,/7 L
Appraiser: .I</~ ~ 6/16/2009
Roosevelt Leonard
I ~nrl !lnnr~iC"''':]1 Rant"1.rl^ nnr-.......i""......1 c........I"'~,.Q.,2_~,,~A..uL1~QLQ_G.
Berman Rennert Vo~el & Mandler, P.A.
Wire Instructions
Bank of America
100 S.E. 2nd Street, Miami, FL 33131
ABA # 026009593
Acct# 004501009454
Account Name: Berman Rennert Vogel & Mandler, P,A. Real Estate Trust Account
Reference: 6-~uP I D )J(J,3 Cf I T 6--0
IMPORTANT: PLEASE MAKE SURE THAT WIRE REFERENCES THE PROPER
TRANSACTION
5':J. 7 ( ;1.'t11l j) IJ e S~1q) I iJ fi 'YL c/)/ F La)2 i D A '5 <J /
F J L I 0 .:{t,' 3~ 3'0 q;A i../OO 0'
~i.1J.;! ~u~ty
Vendor Information
Substitute W - 9 Form
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION
. .
In accordance wllh the Inlamal Revenue, Se";"lea regulations, Comar County Is required to collecl rhe (orrowlng
Information for tax reporting purpoBel! from Indrvlduals and companle8 who do busIness with the County (incl~dlng
sOcIal security numbers if used by the individual. or company for lax reporttng purposes). Florida' Statute
119.071 (5) r:equfrel$lhat the county notify you In wJjling of the mason for collocting thIs informalion, whIch Will be
us.ad for no othar purpose than hE3rUin stated; Please complete .all information that applies to your busIness and
ralum via emall to the address below. Promptretur:n of Infonnation will facilitate limefy payme.ot for goods and
servi~ prcivldeeJ to theCounly,
f. Genera; Information
TlllCp8yer NSry1e
(as shawn on inCOm8 tax ro
Buslnesa Name
(If diffsront from /a;;:?/~r name) t J.' aJl"\
Address kXJ 2",.1 2;;l-ree-, <;;:, i1t, Z; fw city
stBtefL , ,Zip
Teleph~~' \~T7'Y \ 17 fAX J-.J. C33-,S4j'
}.bA.)-..\(
')313 (
Emall . S(.,t:VlNE:; ~ ~v l'-1 L:A W . Co t1
Order Information:
or
_ Same as above, R&mlt I Payment InformafJon: ~ Same ElS above, or
Addl"'e$8
Cfty
FAX
Emall
Address
stale.
ZIp
City
FAX
Emil"
Stale
Zip
2. Complny Statu. (check only ons)
o IndMdUaJ I Sole Proprlelor
. Corporation
. . 0 Partnership
.D Tax Exempt (F~erallnc;ol'M lax'-emmpl enllty 0 Umlted Uabl/lty Company
. under Intll/l18' Revenue Service guidelines IRC
501 (c) 3) .
3. TaXp.YlJr Identification Number (for tax reporting purposus only)
Sodal Security Number (SSN) _ _----..:..... _ __ _ ---..; __
OR
Federal TaX' Iden1lticatlon Number (TIN)
-6-l~JLl:L L ~ ~ q
4.
v_..,.,...",SU>\W
R...- 1=107
COLLIER COUNTY GOVERNMENT
DIVISION OF ADMINISTRATIVE SERVICES
REAL PROPERTY MANANAGEMENT
3301 E, TAMIAMI TRAIL
NAPLES, FL 341 12
PHONE (239) 252-8991
FAX (239) 252-8876
August 19, 2009
Bank of New York as Trustee for the Certificate Holders ofCWABS 2005-06
c/o Smith, Hiatt & Diaz, PA
P,O, Box 11438
Fort Lauderdale, FL 33339-1438
Re: NSP Voluntary Acquisition of Foreclosed Property
Informational Notice dated July 10,2009 - 5271 24th Avenue SW, Naples, FL 341 16
Certified Return Receipt No,: 7008 1830000099480241
Ladies and Gentlemen:
Attached for your ease of reference is a copy of our NSP Voluntary Acquisition of Foreclosed Property Informational Notice relating
to the above captioned property, which was sent to you on July 10,2009,
You are advised that the zip code stated as part of the address in the first line of the body of our notice was incorrectly stated, The zip
code designation of the property was shown as 34120, when in fact the correct zip code is 34116,
We apologize for any inconvenience that our error may have caused, Should you have questions, please do not hesitate to contact the
undersigned, Thank you very much,
Very truly yours,
~fu~sition Specialist
Collier County Real Property Management, Bldg, W, 330 I Tamiami Trail East, Naples, FL 34112 239252-8073
COLLlER COUNTY GOVERNMENT
DIVISION OF ADMINISTRATIVL.: SFRV1CI.:S
REAL PROPERTY MANANi\CJU\11':.\I1
]JOl E. T;\MIAMf TRAIL
NAPLES, FL 34112
PHONE (239) 252-H991
FAX (239) 252-8876
NSP VOLUNTARY ACQUISITION OF FORECLOSED PROPERTY
Informational Notice
July 10,2009
Bank of New York as Trustee for the Certificate f lolders of CW A BS 2005-06
c/o Smith, Hiatt & Diaz, P.A.
P.O. Box 11438
Fort Lauderdale, FL 33339-1438
CCl1i fied Return Receipt No.: 7004 :2 5 I 0 0004 6992 3 125
Lad ies and Gentlemen:
Collier County, Florida is interested in acquiring property you own at 5271 24th Avenue SW, Naples, FL 34120 for a
project receiving f'unding assistance from the LJ. S. Department of Housing and Urban Development (HUD) 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 propeJ1y 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 vaiue is $70,000.00. We arc prepared to offer you $47,500.00 to purchase
your propClty. This offer is less than the current market appraised value as required by the NSP. Please contact us at
your convenience if you are intercsted in selling your property.
In accordance with the Uniform Rclocation Assistance and Real Propelty 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. If you I' property is
currently tenant-occupied or a tenant lawfully occupied your propelty within the past J 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.
Jary Bigelow, Pro rty Acquisition Specialist
Collier County Real Property Managemcnt [31dg. W, JJO I Tamiami Trail East, Naples, F[~ 34 J 12 239252-8073
BigelowGary
From:
Sent:
To:
Subject:
KrumbineMarcy
Friday, July 10. 2009 932 AM
BlgelowGary
Fe Countrywide Offcr. 5271 24ftl AVt= SW 34116 (DUPLEX)
I heartily approve ot their ofter
Marcy Krumbine
Director
Housing and Human Services
Sent from my Blackberry Wireless
-----Original Message-----
From: BigelowGary
To: KrumbineMarcy
CC: mott_t; RussellHans
Sent: Fri JulIO 09:29:49 2009
Subject: RE: Countrywide Offer - 5271 24th AVE SW 34116 (DUPLEX)
Yes, that was their lender reduction. Caught us by surprise as well.
- - - - -Original Message"..
From: KrumbineMarcy
Sent: Friday, July 10, 2009 9:28 AM
To: BigelowGary
Subject: Re: Countrywide Offer - 5271 24th AVE SW 34116 (DUPLEX)
Excuse me? We offered 50 and they countered with less?
Marcy Krumbine
Director
Housing and Human Services
Sent from my Blackberry Wireless
-----Original Message-----
From: BigelowGary
To: KrumbineMarcy
CC: mott_t; RussellHans; LeonardRoosevelt
Sent: Fri JulIO 09:20:54 2009
Subject: Re: Countrywide Offer 5271 24th AVE SW 34116 (DUPLEX)
Marcy: Countrywide has given us a lender reduction price of $47,500. We offered $50,000
on 6/26/09 as you directed in email on that date. We need to respond to BAC/Countrywide
today if we accept their counter price. Please let us know at your earliest convenience.
Thank you.
ADDRESS:
INSPECTED:
LIST PRICE:
APPRAISED VALUE:
85% OF APPRAISED VALUE:
REHAB COST:
5271 24th AVE SW 34116 (DUPLEX)
6/23/2009
TED ($47,500 Lender Reduction)
$70,000
$59,500
$59,975
A $47,500 purchase prLce plus $59,975 rehab would yield a total cost of $107,475.
Gary Bigelow
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.
./'~
Page 1 of 4
BigelowGary
From:
Sent:
To:
Cc:
BigelowGary
Friday, July 10, 2009938 AM
'Mavrolas, Kellle', Burgess Jaime; Robinson, Johanna
mott_t RussellHans, LeonardRoosevelt
Subject: FW Collier County Property Report as of 070809
Importance: High
Attachments: ASP_REO 10 391756 - 5271 24 Avenue SW, Naples_07.09 09 xl~'
Tracking:
Recipient
'Mavrolas, Kellle'
Burgess, Jaime
Robinson, Johanna
Read
mottJ
RussellHans Read: 7/10/2009 9:45 AM
LeonardRoosevelt Read: 7/10/2009 10:00 AM
Kellie We heartily accept BAC's offer price as I have indicated on the attached document. We look forward to a
successful and timely transaction Thank you very much for your hard work. Gary
From: Mavrolas, Kellie [mailto:kellie.mavrolas@bankofamerica.com]
Sent: Thursday, July 09, 2009 7:31 PM
To: RusseJlHans
Cc: motet; BigelowGary; Burgess, Jaime; Robinson, Johanna
Subject: RE: Collier County Property Report as of 07.08.09
Hi Hans;
I understand your concern but I have made a note of the properties you are interested and I will keep you
posted as to when I can provide you pricing. Jaime and I will set up a conference call next week so we can
"meet" one another.
Please find the attached adjusted pricing for 5271 24 Avenue SW, Naples Please respond with your
acceptance or rejection by end of business 07/1312009.
Thank youl
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
805-577-3481 - Fox
7/1012009
Page 2 of4
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.
From: RussellHans [mailto: HansRussell@colliergov.net]
Sent: Thursday, July 09, 2009 2: 19 PM
To: Mavrolas, Kellie
Cc: motet; BigelowGary; Burgess, Jaime; Robinson, Johanna
Subject: RE: Collier County Property Report as of 07.08.09
[hanks. Kellie,
We ju'.INanted to be surv that noUling has tdllen through the cracks. With regard to the Agreement for 2560
47(h Ave NF, please take your tlrnc .1)0 pr(H,<,ure from this end. I'm sur(~ Jaime has clued you in on the
peculi,ilities of Collier Counl y acqUisitions dnd the procedures that we've put In place to streamline these deals.
Please kellree to call rne at any tllrk' to get dcquainted and discuss any questions that you may have. We think
Wf~ have d good thing going with you guys dnd my personal objective is to keep it that way. I very much look
forward to working with you. Many thanks,
HailS
Hans Russell
Sr. Property Acquisition Specialist
Collier County Real Property Management
239 252.2623
From: Mavrolas, Kellie [mailto:kellie.rnavrolas@bankofamerica.com}
Sent: Thursday, July 09, 2009 5: 13 PM
To: BigelowGary; Burgess, Jaime; Robinson, Johanna
Cc: mott_t; RussellHans
Subject: RE: Collier County Property Report as of 07.08,09
Importance: High
HI All:
I am working on getting you pricing for 5271 24 Avenue SW, Naples FL. 4910 42nd ST NE and 367118th
AVE NE are still wiHlIn the valuation process and I will prOVide you priCing as soon as I can.
I am aware that you accepted our offer on 2560 47th Ave NE. I will get you the contract as soon as I can.
Thank you I
Kellie Mavrolas
LA-REO Marketing SV
400 Countrywide Way
7/) U/2()()9
Page 3 of 4
Moil Code: CA6-919-01-11
Simi Volley, CA 93065
805-520-5316 - Office
92-598-5316 - Internal
805-577-3481 - 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
Fro m: BigelowGary [mailto: Ga ryBigelow@colliergov.net]
Sent: Thursday, July 09, 2009 6:20 AM
To: Mavrolas, Kellie; Burgess, Jaime; Robinson, Johanna
Cc: motet; RussellHans
Subject: FW: Collier County Property Report as of 07.08.09
Importance: High
Ladies Please see my notes on the attached list We did accept the counter offer on 25604 7th Ave NE, and
made offers on all but the condominium which does not qualify under the NSP grant. We are waiting BAC's
acceptance or counter proposal on the remainder Please let us know when you have compiled all your data.
Thank YOLl very much and we look forward to our continued partnership Best regards, Gary
From: Mavrolas, Kellie [mailto:kellie.mavrolas@bankofamerica.com]
Sent: Wednesday, July 08, 2009 9:25 PM
To: BigelowGary; BonoMario
Cc: Robinson, Johanna
Subject: Collier County Property Report as of 07.08.09
Please see the attachment for the NSP properties available based on the zip codes you provided. If
any of these properties seem of interest to you, please mark in column listed as "Property of Interest"
and respond bock within 48 hours so that we may facilitate initial contact with the respective agent
ossigned to your properties of interest.
If you r'love any questiom please feel free to contact your NSP Representative.
Kellie Mavrolas
I<el/ie. ma vrolas@bankofamerica.com
805-520-5316
Thank you,
Kellle Mavrolas
LA-REO Marketing SV
400 Countrywide Way
Mail Code: CA6-919-01-11
Siml Volley, CA 93065
}; I 0/2 00'.>
Page 4 01'4
805-520-5316 - Office
92-598-5316 - Internal
805-577 -3481 - 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
7/10/20U<J
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*** OR: 4446 PG: 0530 ***
POWER OF ATTORNEY
Witness:
The undersigned, as Trustee under the Pooling and Servicing Agreements (as defined below)
hereby constitutes and appoints Countrywide Home Loans Servicing LP and its authorized officers
(collectively, "CHL Servicing") and each of them, its true and lawful attorneys-in-fact and agents, with
full powers of substitution and resubstitution, for and in its name, place and stead, in any and all
capacities, for the limited purpose of executing and recording any and all documents necessary to effect
(i) a foreclosure of a Mortgage Loan, (ii) the disposition of an REO Property, (iii) an assumption
agreement or modification agreement or supplement to the Mortgage Note, Mortgage, or deed of trust,
and (iv) a reconveyance, deed of reconveyance or release or satisfaction of mortgage or such instrument
releasing the I ien of a Mortgage in connection with the transactions contemplated" in those certain
Pooling and Servicing Agreements (the "Pooling and Servicing Agreement") by and among the
undersigned, CHL Servicing, CHL, and CW ABS, Inc. The undersigned also grants unto said attorneys-
in-fact and agents, and each of them, the full power and authority to do and perform each and every act
and thing requisite and necessary to be done in and about the premises, as fully to all intents and
purposes as might or could be done in person to effect items (i), (ii) and (iii) above, hereby ratifYing and
confirming all that said attorneys-in-fact and agents or any of them, or their substitutes, may lawfully do
or cause to be done by virtue hereof. Any capitalized term not otherwise defined herein shall have the
meaning assigned to such term in the Pooling and Agreements.
~\).bR Co Ul\i
0~~HE BANK 0
~
CO)
YORK MELLON, as Trustee
Witness:
STATE OF: New York
COUNTY OF: Queens
On the 9th day of July, 2008, before me, Norman Yu, a Notary Public in and for said, personally appeared
Michelle Penson, known to me to be as a Vice President, and Mauro Palladino, known to me be a
Managing Director of the Bank of New York, a New York banking corporation that executed the within
instrument, and also known to me to be the persons who executed said instrument on behalf of said New
York banking corporation and acknowledged to me that such New York banking corporation executed
the within instrument.
IN WITNESS THEREOF, I have hereunto set my hand an
this certificate first above written.
. ,-t",'l,"U"J~l;-.,.
clal seal the day ",d.~~..i.Q) 'I,~.
......' . ~.'/""-"..... ~ J: "4
-:0- ;"",,1 . r
Notary Public
.~...'" . r. -' .
Norman Yu
NOTARY PUBUC
STATE OF NEW YORK
Qualified in Queens County
UC# 01YU6183731
COMM. EXP 3-24-2012
~-.~;'":
"
.. 'l.~,\.:t-
...,....;,..
,/
CiiJ""""
AlP 4ECKlIST FOR NSP GRANT
(note.\'~thered from NSP Admin Plan and Resolution)
L---~
-
Appraised Value is discounted at least 5%
r:=---- ,--, , r, (----;,---,
I r-' \ I 1--') I ,/ ,\ I 1-'''--1 ~.-1
1" Uf'-'--'/!'/\\,.~::::J Ll
r'LJj ---\.\ ;=-\'\ t I (I
-- J J-./ "'_ __
ADDRSS:
.",,~.
~--
Property will focus on Zip 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
/'
-L
uA-
All documents are fully executed and have not expired
Contract extensions approved by Purchasing Oept up to 6 mths, otherwise go to BCC
ACQUISITION: (D=Recelved by Deposit, C=Received 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%)
-
~ 0 Total acquisition price/ut shaff not exceed $150,000 w/o express permission from BCC
I/O Appraisal completed w/in 60 days PRIOR to an offer to purchase.
---
-
o Property has been evaluated by HHS staff
v-~
-
Property must have been foreclosed Upon, vacant at least 90 days (noted on appraisal), and on
lender's list of current inventory.
/0
Written agrmt for Sale & Purchase (confirms to County policy)--agmt only made with bank/lender
holding title to property
-
-
o Approved by Director of HHS (or deSignee)
~ DIC letter of Federal Funding issued to bank
Agreements for sale and purchase approved by County Attorney's Office for form and legal
~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
pochoe!!!..P
Subject:
mott t
Thursday, August 20, 2009 11 :58 AM
Suzanne Boothby; pochopinJ>
DeSearJacquelyn; RamseyFrank; Crystal K. Kinzel; KrumbineMarcy; DanielsTerri;
RussellHans; LeonardRoosevelt; BigelowGary
RE: NSP Pay Req: Berman, Rennert, Vogel and Mandler - DEPOSIT - 5271 24th Ave SW
($2,500)
From:
Sent:
To:
Cc:
Importance:
High
From: Suzanne M. Boothby [mailto:Suzanne.Boothby@collierclerk.com]
Sent: Wednesday, August 19, 2009 3: 16 PM
To: pochopin_p
CC: DeSearJacquelyn; motet; RamseyFrank; Crystal K. Kinzel; KrumbineMarcy; DanielsTerri; Russel/Hans
Subject: NSP Pay Req: Berman, Rennert, Vogel and Mandler - DEPOSIT - 5271 24th Ave SW ($2,500)
Hi Pat,
The NSP Deposit Pay Request submitted for the property located at 5271 24th Ave SW 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 90 days as of 9/10/09".
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.
2) NSP letter to the bank has the wrong property address-specifically the zip code,
3) Agreement states the deposit money is to be delivered within 7 business days. The 7-day time frame will be
exceeded if payment is made on the 21st. The seller may choose to accept the $2,500 deposit anyway.
The intent and language of the agreement should be clear. Agreements usually state that its effective upon
execution by both parties. Similar language might help in clearing up any confusion as to the effective and
executed dates. The agreement for this pay request states on page 18 that the "parties have executed the
Agreement as of the date and year first above written." The first above written date was on page 1-August 10,
2009. So, even though the Board Chairman signed on 8/12/09, the agreement was effective, per the language,
back to the 10th.
(page 18 of agreement)
l~ \VITNESS \VHEREOF, the parties hereto have execut.ed this Agreement as of the .:
ana year first above wrilkn.
(page 1 of agreement)
1
THIS PURCHASE AND SALE AGRF:I<:M~:~T ("Agreemcn() is made between RAe
1I0Mt: LOANS SERVICI~G LP, F/KlA CO{:NTRY\VIDI!: HOt\'JE LOA."'lS SERVIC'I~G
LP, a Texas Limited Partnership, whose address is 400 Countrywide \J..'ay, Simi Valley,
Calif(}mia 93065 as servicing agent and attorney in fact for Bank of".Scw York. as TrJstee for the
Certilicatcholdcrs o:CWABS 2005-06 (USeller") and Collier County, a Political Subdi\'ision of
the State of Florida, whose address is 3301 Tamiami Trail Eao;;t, ~aplcs~ Florida 341 ] 2
("P.Ul:~ha~~")) (together, the "Partics" and individually, the "Party") and is effective as of August
] 0, 2009 (the '" f.ff~ctive Date'~).
If there are any questions or further clarification is needed, 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, FL 34112
239,732.2608 (phone)
239.774.2096 (fax)
Suzanne.Boothbv@collierclerk.com
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a ubl/
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. p c
2
""Kr.1l' . l<.-,,,"""._"....-,,.,
RussellHans
From:
Sent:
To:
Cc:
Suzanne M. Boothby [Suzanne,Boothby@collierclerk.com]
Wednesday, August 19, 2009 3:16 PM
pochopin_p
DeSearJacquelyn; motU; RamseyFrank; Crystal K. Kinzel; KrumbineMarcy; DanielsTerri;
RussellHans
NSP Pay Req: Berman, Rennert, Vogel and Mandler - DEPOSIT - 5271 24th Ave SW
($2,500)
image002.jpg; image004.jpg
Subject:
Attachments:
Hi Pat,
The N5P Deposit Pay Request submitted for the property located at 5271 24th Ave SW 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 90 days as of 9/10/09".
a. An email has been sent to Legal (Colleen Greene) for clarification on using a future date on the appraisal
in relation the N5P Admin Plan and the URA.
2) NSP letter to the bank has the wrong property address-specifically the zip code.
3) Agreement states the deposit money is to be delivered within 7 business days. The 7-day time frame will be
exceeded if payment is made on the 21st. The seller may choose to accept the $2,500 deposit anyway.
The intent and language ofthe agreement should be clear. Agreements usually state that its effective upon
execution by both parties. Similar language might help in clearing up any confusion as to the effective and
executed dates. The agreement for this pay request states on page 18 that the "parties have executed the
Agreement as of the date and year first above written." The first above written date was on page 1-August 10,
2009. 50, even though the Board Chairman signed on 8/12/09, the agreement was effective, per the language,
back to the 10th.
(page 18 of agreement)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the (
and year first above written.
(page 1 of agreement)
THIS PURCHASE AND SALE AGREEMENT (" Agreemet}t~' is made between BAC
HOME LOANS SERVICING LP, FfKJA 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 Bank of New York as Trustee for the
Certificateholders of CW ABS 2005-06 ("Seller") and Collier Gounty, a Political Subdivision of
the State of Florida. whose address is 3301 Tamiami Trail East, Naples, Florida 34112
(ul'urchasern)~ (together, the "Parties" and individually, the "Parttt) and is effective as of August
1 O. 2009 (the uEffective Date").
If there are any questions or further clarification is needed, please Jet 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, FL 34112
239.732.2608 (phone)
239.774.2096 (fax)
Suzanne. Boothbv@collierclerk.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.
2