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As Is Contract for Sale and Purchase #1 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS~ AND THE FLORIDA BAR 3 4 5 6" r 8* 1" PARTIES: SAXON MORTGAGE SERVICES, INC. . 2" nd COLLIER COUNTY, a political subdivision of the State of Florida. ("Buyer"), ~erebY agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively ''Property'') pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"): I. DESCRIPTION: . SOUTH 180 FEET TRACT 3 (a) Leoal description of the Real Property located in COLLIER County, Flonda: ' GOLDEN GATE ESTATES, UNIT 60, PLAT BK 7, PG 62 COLLIER COUNTY, FLORIDA (b) Street address, city, zip, of the Property: 4325 16TH STREET NE NAPLES, FL 34120 . (c) Personal Property includes existing rangers), refrigerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window treatment(s) unless specifically excluded below. . Other items included are: Not applicable ("Seller"), 9 10 11* 12* 13. 14* Items of Personal Property (and leased items, if any) excluded are: Not applicable 15. II. PURCHASE PRICE (U.S. currency): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PAYMENT: BECKER & POLlAKOFF P A 1 7* (a) Depos~ held in escrow by , . . ("Escrow Agent; in the amount of (checks subiect to clearance) $ 18* Escrow Agent's address 3111 STIRLING ROAD FT. LAUDERDALE, FL 33312 Phone: 954-965-5041 19* (b) Additional escrow deposit to be made to Escrow Agent within ~. days after Effective Date in the amount of. . . . . . . . . '. 20* (c) RnancillQ in the amount of ("Loan Amount") see Paragraph N below . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 * (d) Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject 23. to adjustments or prorations. . . . . . . . . . .. . . . . . . . . . . . ... .. . . . . ... . . . . . . . . . . . . ..... . . . . . ... . . . . . . . . . . . . . . . . . . .. $ $107,100.00 24 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE: 25 (a) It this offer is not executed by and delivered to a/l parties OR FACT OF EXECUTION communicated in writing between the parties on or 26* before 10 days from counteroffer , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. Unless other- 27 wise stated, the time for acceptance of any counteroffers shall be 2 days from the date the counteroffer is delivered. 28 (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or initialed this offer or the 29 final counteroffer. If such date is not otherwise set forth in this Contraci, then the "Effective Date" shall be the date determined above for 30 acceptance of this offer or if applicable the final counteroffer. *DEPOSIT DUE WITHIN FIFTEEN (15) DAYS OF EFFECTIVE 31 V FINANCING' " DATE. COUNTEROFFERS INCLUDE ANY ADDENDA SUBMITTED I . . AFTER EITHER PARTY SIGNS. 32* .rsI (a) This Is a cash transaction with no contingencies for financing; 33* 0 (b) This Contract is contingent on Buyer obtaining written loan commitment which confirms underwriting loan approval for a loan to purchase 34. the Property ("Loan Approval") within _ days Qf blank, then 30 days) after Effective Date C'Loan Approval Date'1 for (CHECK ONLY 35. ONE): 0 a fIXed; 0 an adjustable; or 0 a fIXed or adjustable rate loan, in the Loan Amount (See Paragraph 1I,(c)) at an initial interest rate not to 36. exceed %, and for a term of _ years. Buyer wiD make application within _ days (d blank, then 5 days) after Effective Date. 37 BUYER: Buyer shall use reasonable diligence to: obtain Loan Approval; notify Seller in writing of receipt of Loan Approval by Loan Approval 38 Date; satisfy terms of the Loan Approval; and close the loan. Loan Approval which requires a condition related to the sale of other property shall 39 not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay aD loan expenses. Buyer authorizes the mortgage broker(s) and 40 lerider(s) to disclose information regarding the conditions, status, and progress of loan appflcation and Loan Approval to Seller, Seller's attorney, 41 real estate Ilcensee(s), and Closing Agent. 42 SELLER: If Buyer does not deliver to Seller written notice of Loan Approval by Loan Approval Date, Seller may thereafter cancel this Contract by 43 delivering written notice ("Seller's Cancellation Notice") to Buyer, but not later than seven (7) days prior to Closing. Sener's Cancellation Notice shall 44 notify Buyer that Buyer has three (3) days to deflver to SeDer written notice waiving this Rnancing contingency, or the Contract'shall be cancened. 45 DEPOSlT(S) (for purposes of this Financing Paragraph rV(b) only): If Buyer has used reasonable diligence but does not obtain Loan Approval 46 by Loan Approval Date, and thereafter either party elects to cancel this Contract, the deposit(s) shall be returned to Buyer. If Buyer obtains Loan 47 Approval or waives this Rnancing contingency, and thereafter the Contract does not close, then the deposit(s) shall be paid to Seller; provided how- 48 ever. if the fabe to close is due to: (i) Sener's failure or refusal to close or Seller otherwise fails to meet the terms of the Contract, or Oi) Buyers lender 49 faDs to receive and approve an appraisal of the Property in an amount sufficient to meet the terms of the Loan Approval, then the deposit(s) shall be 50 returned to Buyer. 51* 0 (e) Assumption of existing mor1gage (see rider for terms); or 52* 0 (d) Purchase money note and mortgage to Seller (see "As Is" Standards Band K and riders; addenda; or special clauses for terms). 53* V. TITLE EVIDENCE: At least _ days (it blank, then 5 days) before Closing a title insurance commitment with legible copies of instruments listed as 54 exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of title insurance (see Standard A for terms) shall be obtained by: 55. (CHECK ONLY ONE): 1\ (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or 56* (2) Buyer at Buyer's expense. 57* (CHECK HERE): :J If an abstract of title is to be furnished instead of title insurance, and attach rider for terms. 58* VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on NOVEMBER 24, 2009 ("Closing'? unless i9 modified by other provisions of this Contract. In the event of extreme weather or other conditions or events constituting "force majeure", Closing will be ;0 extended a reasonable time until: (i) restoration of utilities and other seNices essential to 'Closing, and (iV availability of Hazard, Wind, Flood, or Homeowners' ,1" insurance. If such conditions continue more than ~ days (if blank, then 14 days) beyond Closing Date, then either party may cancel this Contract. $ $112,100.00 $5,000.00 $ $ $ N/A , FAR/BAR ASIS.2 Rev. 9/07 (id 2007 Flnrirl;; A~,,)ri"li,.,,) "f Pc,,,,,..r" "~M Th~ ro^,~" n-. 62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey ITlmketable title subject to: comprehensive land use plans. zoning, 63 restrictions, prohibitions and otller requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise 64 common to the subdivision; outstanding oil, gas and mineral nghts of record without right of entry; unplatted public utility easements of record 65 (located contiguous to real propel1y lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 leet in width as to the side 66 lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (if additional items, see 67* addendum); provided. that there exists at Closing no violation of the foregOing and none prevent use of the Property for NEIGHBORHOOD 68" STABILIZATION PROGRAM purpose(s). 69 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property is intended 70 to be rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to "AS IS" Standard 71 F. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable 72 for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy. 73 IX. lYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed pro- 74 visions of this Contract in conflict with them. 75" X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer 0 may assign and thereby be released from any further liability under this Contract; Cl may 76* assign but not be released from liability under this Contract; or ~ may not assign this Contract. 77 XI. DISCLOSURES: 78 (a) The Property may be subject to unpaid special assessment Iien(s) imposed by a public body ("public body. does not include a 79 Condominium or Homeowners' Association). Such Iien(s), if any, whether certified, confirmed and ratified, pending, or payable in installments, 80* as of Closing, shall be paid as follows: ~ by Seller at closing 0 by Buyer (if left blank, then Seller at Closing). If the amount of any 81 assessment to be paid by Seller has not been finally determined as of Closing, Seller shall be charged at Closing an amount equal to the 82 last estimate or assessment for the improvement by the public body. 83 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to per- 84 sons who are exposed to It over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. 85 Additional information regarding radon or radon testing may be obtained from your County Public Health unit. 86 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information 87 regarding mold, Buyer should contact an appropriate professional. 88 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, F.S. 89 (e) If the Real Property includes pre-1 978 residential housing, then a lead-based paint rider is mandatory. 90 (Q If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act. 91 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA- 92 TION/COMMUNllY DISCLOSURE. 93 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON TI-lE SELLER'S CURRENT PROPERTY TAXES AS TI-lE ANlOUNT 94 OF PROPERTY TAXES THAT TI-lE BLNER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OVVNER- 95 SHIP OR PROPERlY IMPROVEMENTS 1RIGGERS REASSESSMENTS OF THE PROPERTY TI-fAT COULD RESULT IN HIGHER PROPERTY TAXES. 96 IF YOU HAVE ANY QUES1l0NS CONCERNING VALUATION, CONTACT THE CCXJNTY PROPERTY APPRAISER'S OFRCE FOR INFORMATlON. 97 XII. MAXIMUM REPAIR COSTS: DELETED 9S* XIII. HOME WARRANlY: Cl Seller 0 Buyer ~ N/A will pay for a home warranty plan issued by 99*'t A ';ost not to exceed $ u.uu 100' i~iV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have ~ days from Effective Date ("Inspection Period") within 101 which to have such inspections of the Property performed as Buyer shall desire and utilities service shall be made available by the 102 Seller during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such inspections and repair of damage 103 to and restoration of the Property resulting from such inspections and this provision (b) shall survive termination of this Contract; 104 and (c) if Buyer determines, in Buyer's sole discretion, that the Property is not acceptable to Buyer, Buyer may cancel this Contract 105 by deNvering facsimile or written notice of such election to Seller prior to the expiration of the Inspection Period. If Buyer timely . 106 cancels this Contract, the deposit(s) paid shall be immediately returned to Buyer; thereupon, Buyer and Seiter shall be released of 107 all further obligations under this Contract, except as provided in this Paragraph XlV. Unless Buyer exercises the right to cancel 10S granted herein, Buyer accepts the Property in its present phYSical condition, subject to any violation of governmental, building, 109 environmental, and safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements 110 required by Buyer's lender. 111 xv. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract: 112* 0 CONDOMINIUM 0 VNFHA 0 HOMEOVVNERS' ASSN. 0 LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE 113* 0 INSULATION 0 EVIDENCE OF TIRE (SOUTH FLORIDA CONTRACTS) 0 Other Comprehensive Rider Provisions 0 Addenda 114" Special Clause(s): SELLER AGREES TO EXECUTE BUYER'S FORMS GAP AFFIDAVIT, PUBLIC DISCLOSURE 115" AFFIDAVIT, SPECIAL WARRANTY DEED AND SUBSTITUTE W-9. SELLER WILL DELIVER THE COMPLETED AND 116* SIGNED W-9 TO BUYER SIMULTANEOUSLY WITH THE SIGNED CONTRACT. 117* 118* SELLER WARRANTS PROPERTY IS VACANT AND SHALL REMAIN SO THROUGH CLOSING TO COMPL Y WITH THE REQUIREMENTS OF THE 119* NEIGHBORHOOD STABILIZATION PROGRAM. 120* 121* 122" 123* 124" 125* STANDARDS B, F AND Y ARE DELETED. DUE TO BUYER BEING A COUNTY GOVERNMENTAL ENTITY WITH SPECIFIC GUIDELINES AND PROCEDURES, SELLER ACKNOWLEDGES THAT STANDARD S IS HEREBY DELETED. STANDARDS D AND N ARE DELETED. **CONTRACT MUST BE EXECUTED AND RETURNFO TO BUYER, ALONG WITH ANY ADDENDA WITHIN THREE (3) BUSINESS DAYS OF SELLER'S RECEIPT OF THIS CONTRACT. 126 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt of a copy 127 of "AS IS' Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract. FAR/BAR ASIS-2 Rev 9/07 ~ 2007 Florida Association of R~ALlORS' and The Florida Bar ".11 Rights Reserved Page 2 of 5 128 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, 129 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGf\JING. 130 THIS "AS IS" FORM HAS BEEN ;\,PPROVED BY T/-IE FLORIDA ISSOCIAT/ON OF REALTORS' AND THE FLORIDA BAR. 131 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a 132 particular transaction. Terms and conditions shoutd be negotiated based upon the respective interests, objectives and bargaining 133 positions of all intel'ested persons. 134 AN ASTERISK(') FOLLOWING A Llt--JE NUMBER IN THE MARGIN If\JDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED. 135" uSEE SIGNATURE BLOCK BELOW 136 (BUY D~ 137* 138 (BUYER) (DATE) 139* Buyers' address for purposes of notice Real Property Manaqe 140* 3301 Tamiami Trail East, Bldq. W, Naples, FL 141" (239) 252-8991 Phone Phone 142 BROKERS: The brokers (including cooperating brokers, if any) named below are the only brokers entitled to compensation in connection with 1 43 this Contract: 144" Name: 145 (SELLER) (DATE) (SELLER) Sellers' address for purposes of notice (DATE) Cooperating Brokers, if any BARTLEY REAL TV Listing Broker Date Property acquisition approved by BCC: March 24, 2001' Jti& 1~ DATED: I 0 (0 ()- BUYER: ATTEST: _-;' · 'lW<Iwk, . if .,,:":~4': \;-<~~, #. ... " :..r': ;;~' ~~~ "I' [ ~ >~ ~~/! '~:> ""~~ .... fl~~".~-3 ,," . . . t\ . ... .. .:. - ~. - ~ . ..,.~ APrlovea~A to. f~~~': legal suffic1e-'hcy;3t\ :}'.' " . County Attorney ~N~\YL~ '.W~\T~ PROPERTY ADDRESS: 432516TH STREET NE NAPLES, FLORIDA 34120 h^O/Rl'.Q ^C'l~_"" 00\1 (1ln7 ~ "1(V"')7 C'lrvir/-, ^.........,.,,....;"'.;,...,,,...,,....,f D.., ,""'".....;t,. ~~~ Th~ n_~:~_ n_~ ""I ......,_.1...._ ,...., 146 H7 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS A. TITLE INSURANCE: The Tille Commitmenl shall be issued by a Florida licensed 1IIIe insurer agreeing to issue Buyer, upon recorrjing of Ihe deed to Buyer, an owner's pOI!cy of litle Insurance ,n 11'\e amounl of Ihe purchase price, insuring Buyer's markelable litle to the Real Property, subject only 10 matlers contained in Pangraph VII anj tl10se to be discharged by Seller al or before Closing. Marketable tille shall be cletermlncd according to applicable Tille Standards adopt- ed by aulhonty of The Flonda Bar and In accordance With law. Buyer shall have 5 days (rom dale of recel'llng the Title Commitment 10 examine it, and If lille is found defective. notify Seller In wflllng specifying defect(s) which render litle unmarketable. Seller shall have 30 days from receipt of notice to remove the defects, failing which Buyer shall. Within 5 days after expiration of Ihe 30 day penod, delIver wfltten nolice 10 Seller either: (1) extending the time for a reason, able period nol to exceed 120 days Within which Seller shall use dIligent effort to remove the defects; or (2) requesting a refund of deposlt(s) paid which shall be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct de(ect(s) within the time provided. If, after diligent effort, Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s). thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller is to provide the Title Commitment and it is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt to examine same in accordance with this "AS IS" Standard. 8. PURCHASE MONEY MORTGAGE, SECURITY AGREEMENT TO SELLER: Lines 159-168 DELETED C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certi- fied by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect. D. WOOD DESTROYING ORGANISMS: DELETED E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described in Paraqraph VII hereof and title to the Real Prooertv is insllrrlhlp. in accordance with "AS IS" St>lnrlFlrrl A without exception for lack of legal right of access. F. LEASES: Lines 175-179 DELETED G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days imme- diately preceding date of Closing. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of c0nstruction liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth the names of all such gen- eral contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a construction lien or a claim for damages have been oaid or will be paid at the Closing of this Contract. H. PLACE OF CLOSING: Closing shall be held at the office of the attorney or other closing agent ("Closing Agent") designated by the party paying for title insurance, I. TIME: Calendar days shall be used in computing time periods except periods of less than six (6) days, in which event Saturdays, Sundays and state or nation- a/legal holidays shall b8 excluded. Any time periods provided for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract J, CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sate, certificate of title, construction lien affidavit, owner's possession affidavit, assignments of leas- 85, tenant and mortgagee estoppel letters and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement and fnancing statements. K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. All costs of Buyer's loan (whether obtained from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer. Unless otherwise provided by law or rider to this Contract, charges for related closing services, title search, and closing fees (including preparation of closing statement), shal be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V. L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before Closing, Buyer shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's mill- age is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assess- ment is not available, then taxes wHl be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1 st of year of Closing, which improvements were not in existence on January 1 st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assess- ment to be agreed upon between the parties: failing which, request shall be made to the County Property Appraiser for an informal assessment taking into a"ount available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current year's tax bill. N c;cSERVED - purposely left blank) N, INSPECTION AND REPAIR: DELETED O. RISK OF LOSS: If, after the Effective Date, the Property is damaged by fire or other casualty ("Casualty Loss") before Closing and cost of restoration (which shall include the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase Price, cost of restoration shall be an obligation of Seller and CI0sing shall proceed pursuant to the terms of this Contract, and if restoration is not completed as or Closing, restoration costs will be escrowed at Closing. /I th~ .)st of restoration exceeds 1.5% of the Purchase Price, Buyer shall e~her take the Property as is, together with the 1.5% or receive a refund of depos~(s) thereby releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation with respect to tree damage by casualty or other natu- ral occurrence shall be the cost of pruning or removal. P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title agent insures adverse matters pursuant to Section 627.7841, F.S., as amended, the escrow and closing procedure required by this "AS IS" Standard shall be waived. Unless waived as set forth above the following FARIBAR .'\SIS-2 Rev 9107 @ 2007 Florida ASSOCiation of RU,L10HS' and The Florida Bar All Rights Reserved Page 4 of 5 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) closing procerJures Shiill ilPply: (1) <:111 clOSing proceeds SllO!1 be held in escrow 1)'1 the ClOSing Ageni lor il period of not marc 'han 5 cloys after ClOSing; (2) if Seller's title is rendered unmarketJI)le, Ihrough no fau!t 01 Buyer, Buyer shall, V/IHlln Il1e 5 day period, nollfy Sollcr In writing of the defect and Seller shall have 30 days from date of receipt 01 such notification to cure Iho defect: (3) If Seller fods 10 timely cure the defect, all depOSits and closing lun(js shall, upon written demand by Buyer and within 5 days aNer demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the Personal Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) If Buyer fails to make timely demand lor refund, Buyer shall take title as is, waiving all rights against Seller as to any IIltervening defect except as may be avaIlable to Buyer by virtue of war, ranties contained in the deed or bill of sale. Q. ESCROW: Any Closing Agent or escrow agent (collectiveiy "Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance With terms and conditions of thiS Conlract. Failure of funds to clear shall not excuse Buyer's performance. If in doubt as to Agent's dutIes or liabilities under the provisions of this Contract, Agent may, at Agent's option, con- tinue 10 hold the subject matter of the escrow untit the parties hereto agree 10 its disbursement or until a judgment of a court of competent jurisdiction shall determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents a party and also acts as Agent may represent such party in such action. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any jlems previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to the escrow, unless such misdelivery is due to willful breach of the provisions of this Contract or gross negligence of Agent. R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract. the prevailing party in such liti- gation, which, for purposes of ttlis "AS IS" Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses. S. FAILURE OF PERFORMANCE: Lines 241-246 DELETED T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shaR include all. Notice and delivery given by or to the attorney or broker representing any party shall be as effective as if given by or to that party. NI notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile or electronic Oncluding .pdf") copy of this Contract and any signatures hereon shall be considered for all purposes as an original. U. CONVEYANCE: Seller shan convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at the request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No mod- ification to or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the parties intended to be bound by it. W. SELLER DISCLOSURE: (1) There are no facts known to Seller'materially affecting the value of the Property which are not readily observable by Buyer or which have not been disclosed to Buyer; (2) Seller extends and intends no warranty and makes no representation of any type, either express or implied, as to the physical condition or history of the Property; (3) Seller has received no written or verbal notice from any governmental entity or agency as to a currently uncorrected building, environmental or safety code violation; (4) Seller has no knowledge of any repairs or improvements made to the Property without compliance with governmental regulation which have not been disclosed to Buyer. X, PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, including, but not limited to lawn, shrubbery, and pool in the condition existing as of Effective Date, ordinary wear and tear and Casualty Loss excepted. Seller shall, upon reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including a walk-through prior to Closing, to confirm that an items of Personal Property are on the Real Property and that the Property has been maintained as required by this .AS IS" Standard. Seller will assign all assiqnable repair and treatment contracts and warranties to Buyer at Closing. y, 1031 EXCHANGE lines 267-270 DELETED contingenl upon, nor extended or delayed by, such Exchange, . Z. BUYER WANER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by law, against any real estate licensee involved in the negotiation of the Contract, for any defeCts or other damage that may exist at Closing of the Contract and be subsequently discovered by the Buyer or anyone claiming by, through, under or against the Buyer. FAR/BAR ASIS-2 Rev. 9/07 '" 2007 Florida I'.$soclation of RlJ,LIOHS" and The Florida Bar All Rioh1s Rpo;P,rvRrl P~np ~ (')f ~ MEMORANDUM Date: October 6, 2009 To: Gary Bigelow, Property Acquisition Specialist From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract: 4325 16th ST NE Enclosed please find the one original documents referenced above, (Agenda Item #10F), which was adopted by the Board of County Commissioners on Tuesday, March 24, 2009. If you should have any questions, please contact me at 252-8411. Thank you. Enclosure ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exee tion of the Chairman's si nature, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5). Rpute to Addressee(s) Office Initials Date (l)st in routing order) 1. 2. ---. to I fe (0' 3. (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive sUlPmary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved by the BCC Type of Document Attached 4. ______ 5. Ian Mitchell, BCC Office Supervisor 6. Minutes and Records Board of County Commissioners Clerk of Court's Office 073 IO~ / Yes (Initial) N/A (Not A licable) PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Number of Original Documents Attached i: Forms! County Forms! BeC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24,05, Revised 9.18.09 I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisionshave been initialed by the County' Attorney's Office and all other parties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is ap licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be ar of your deadlines! The document was approved by the BCe on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. ") 3. 4. 5. 6.