Contract for Sale & Purchase #1
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR
. ~ 1. _ .
DEUTSCHE BANK NATIONAL TRUST COMPANY
AS TRUSTEE FOR MORGAN CHASE STANLEY ASS CAPITAL I, INC.
l' PARTIES: TRUST 2007-HE7 -- ("Seller"),
2* and COLLIER COUNTY, a political subdivision of the State of Florida ("Buyer"),
3 hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property")
4 pursuanllo the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"):
5 I. DESCRIPTION:
6' (a) Legal description ot the Real Property located in COL LlER County, Florida: WEST 105 FEET OF TRACT 79
r GOLDEN GATE ESTATES UNIT 23 PLAT BOOK 7, PAGES 9-10 COLLIER COUNTY, FL
8' (b) Street address, city, zip, at the Property:. 41118TH AVE NE, NAPLES, FL 34120
9 (c) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window treatment(s) unless
10 specifically excluded below. .
11* Other items included are: Not applicable
12*
13* Items of Personal Property (and leased items, if any) excluded are: Not applicable
14*
15* /I, PURCHASE PRICE (U.S. currency): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . . , . . . .
16 PAYMENT: N/A
1 7* (a) Depos~ held in escrow by ('Escrow Agent'1 in the amount of (checks !':llni'lCt to clearance) $
18* Escrow Agent's address:: N/A Phone:_ N/A
19* (b) Additional escrow deposit to be made 10 Escrow Agent within JJ!..iL'days after Effective Date in the amount of. . . , . . . . . "
20* (c) Financing in the amount of ("Loan Amount") see Paragraph IV below . . , . . ., . . . . . , . . , , , . , . . . . . . . . . . . . , . , . . . . . . . ,
21 * (d) Other. . . . . . . . . . . . . . . . . . . , . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . , , , . , . . . . , , . . . . . . . . . . .', . . . . . . . . .
22 (e) Balance 10 close by cash, wire transfer or LOCALLY DRAWN cashier's or offICial bank check(s), subject $109,250.00
23* to adjustments or prorations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . ' . . . . , . . . . : . . . . . . . . . . . . . . . . . . . . . . . , . . . . . $
24 1/1. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
25 (a) If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or
26* before 10 days from counteroffer , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. Unless other-
27 wise stated, the time tor 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.''''oeposit due within 10 days of Effective date. .
31 IV. FINANCING: Counteroffers included any Addenda submitted after either party signs.
32* .r!i1 (a) This Is a cash transaction with no contingencies for financing;
33* 0 (b) This Contract ;s contingent on Buyer obtaining written loan commitment which confirms underwriting loan approval for a loan to purchase
34* the Property ("Loan Approval") within _ days rtf blank, then 30 days) after Effective Date ("Loan Approval Date") for (CHECK ONLY
35* ONE): 0 a fixed; 0 an adjustable; or 0 a fIXed or adjustable rate loan, in the Loan Amount (See Paragraph 1I.(e)) at an initial interest rate not to
36* exceed %, and for a term of _ years. Buyer will make application within _ days rlf blank, then 5 days) after Effective Date.
37 BUYER: Buyer shaJ/ 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 shaH
39 not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay alloan expenses. Buyer authorizes the mortgage broker(s) and
40 lender(s) to disclose information regarding the conditions, status, and progress of ban application and Loan Approval to Seller, Sellers attorney, ,
41 real estate Ilcensee(s}, and Oosing 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. SeUer's Caneeftation Notice shall
44 notify Buyer that Buyer has three (3) days to deliver to Seller written notice waiving this Rnancing contingency, or the Contract'shall be cancelled.
45 'DEPOSIT(S) (for purposes of this Rnancing Paragraph IV(b) only): If Buyer has used reasonable diligence but does not obtain Loan Approval
46 by Loan Approval Date, and thereafter either party elects to cancel this Contract, the deposit(s) shall be retumed 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-
4B ever, it the fabe to close is due to: (i) Seller's failure or refusal to close or Seller otherwise fails to meet the terms of the Contract, or ~Q Buyers lender
49 faus 10 receive and approve an appraisal of the Property in an amount sufficient to meet the terms of the Loan Approval, then the deposit(s) shall be
50 returned to Buyer;
51 * 0 (c) Assumption 01 existing mortgage (see rider for terms); or
52* 0 (d) Purchase money note and mortgage to Seller (see "As Is" Standards Band K and. riders; addenda; or special clauses for terms).
53* V. TITLE EVIDENCE: At least _ days (if blank, then 5 days) before Closing a title insurance commitment with legible copies of instruments listed as
54 exceptions attached thereto ('11tle Corrmitment") and, after Closing, an owner's policy of title insurance (see Standard A for terms) shaft be obtained by:
55* (CHECK ONLY ONE): . (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): :llf an abstract of title is to be furnished instead of title insurance, and attach rider tor terms.
58* VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on NOVEMBER 12, 2009 _ ("Closing'), unless
59 modified by other provisions of this Contract. In the event of extreme weather or other conditions or events constituting "force majeure", Closing will be
;0 extended a reasonabie time until: (i) restoration of utilities and other services essential to erosing, and ~ij availabiHty of Hazard, Wind, Flood, or Homeowners'
i 1 * insurance. If such conditions continue more than ~ days (if blank, then 14 days) beyond Closing Date, then either party may cancel this Contract.
$_ $109,250"00
N/A
$
$
$
N/A
FAR/BAR ASIS.2 Rev, 9/07 ~ 2007 Florida Association of RFAllnf.l~" ~nrl Tho ~IN:rh Do,
1\11 n:_l..o_ n__
62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zoning,
63 restrictions, prohibitions and other requirements imposed by governmental authority; restr'ictions and matters appearing on the plat or otherwise
64 common to the subdivision; outstanding oil, gas and mineral rights of record without right of entr/; unplatted public utility easements of record
65 (located contiguous to real propel1y lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side
66 lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mor1gages, 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 Ctosing unless otherwise stated herein, If Property is intended
70 to be rented or occupied beyond Closing, the tact 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 betore Closing, Buyer assumes all risks of loss to Property trom date of occupancy, shall be responsible and liable
72 for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy.
73 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed pro-
74 visions of this Contract in conflict with them.
75* X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer 0 may assign and thereby be released from any further liability under this Contract; 0 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 lien(s), if any, whether certified, confirmed and ratified, pending, or payable in installments,
80* as of Closing, shall be paid as follows: ell by Seller at closing 0 by Buyer (if feftblank, 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, FS.
89 (e) If the Real Property includes pre-l 978 residential housing, then a lead-based paint rider is mandatory.
90 (~ If Seller is a "foreign person" as defined by the Foreign Investment in Rea' Property Tax Act, the parties shall comply with that Act.
91 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA-
92 TION/COMMUNITY DISCLOSURE.
93 (h) PROPERTY TAX DISCLOSURE SUMMARY: EllNER SHOULD NOT R8.Y ON TI-lE SElLER'S CURRENT PROPERTY TAXES ps mE AMOUNT
94 OF PROPERTY TAXES THAT mE BUYER MAY BE OBLIGATED TO PAY IN mE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER-
95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF mE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES.
96 IF YOU HAVE IN( QUESTIONS CONCERNING VALUATION, CONTACT mE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATIQf\J.
97 XII. MAXIMUM REPAIR COSTS: DELETED
98* XIII. HOME WARRANTY: Q Seller 0 Buyer f!iI N/A will pay for a home warranty plan issued by
99* at a cost not to exceed $ u.uu
100. XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have ~ days from Effective Date ("Inspection Period") within
101 which to have such inspections of the Property performed as Buyer shalf desire and utilities service shalf be made available by the
102 Seller during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such inspections and repair of damage
103 to and restoration of the Property resulting from such inspections and this provision (b) shall survive termination of this Contract;
104 and (c) if Buyer determines, in Buyer's sole discretion, that the Property is not acceptable to Buyer, Buyer may cancel this Contract
105 by delivering facsimile or written notice of such election to Seller prior to the expiration of the Inspection Period. If Buyer timely
, 106 cancels this Contract, the deposit(s) paid shall be immediately returned to Buyer, thereupon, Buyer and Seller shall be released of
107 all further obligations under this Contract, except as provided in this Paragraph XlV. Unless Buyer exercises the right to cancel
108 granted herein, Buyer accepts the Property in its present physical condition, subject to any violation of govemmental, building,
1 09 environmental, and safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements
11 0 required by Buyer's lender.
111 xv. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract:
112* 0 CONDOMINIUM 0 VNFHA 0 HOMEOWNERS' ASSN. 0 LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE
113* 0 INSULATION 0 EVIDENCE OF TITLE (SOUm 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 COMPLY WITH THE REQUIREMENTS OF THE
119* NEIGHBORHOOD STABILIZATION PROGRAM.
120*
121"
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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 NARE DELETED.
126 XVI. STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt of a copy
127 of "AS IS' .:itandards 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 RfAL1oRs~ and The Florida Bar All Rights ReseNed Page 2 of 5
128 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
129 SEEK THE ADViCE OF AN ATIORNEY PRIOR TO SIGNING.
130 THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REtHORS" 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 should be negotiated based upon the respective interests, objectives and bargaining
133 positions of all interested persons.
134 AN ASTERISK(') FOLLOWING A LINE NUMBER IN THE MARGIN I~JDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED.
135' uSEE SIGNATURE BLOCK BELOW
136 (BU~ D'II.TE)"
131'
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
143 this Contract:
144' Name:
145
(SELLER)
(DATE)
(SELLER)
Sellers' address for purposes of notice
(DATE)
Cooperating Brokers, if any
Listing Broker
. ~~,\,J ij n,:;;;!:>,
\~',-,~. ',,:'.
~:-q~~j-cti.~l ~rwisition approved by BCC:
f~t~.CP~4! 2rJ... ~'.'~.. .1 OF
: 'H~~q. 14IIJ " ~
~ -~ (, "; :} J
BUYER:
~4~
eputy Clerk
Approved as to form and
legal sufficiency:
~~'r0~
{k$+.. County Attorney
PROPERTY ADDRESS:
41118TH AVE NE NAPLES, FL 34120
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180 G. LIENS: Seller shall furnish to Buyer at time ot Closing an affidavit attesting to the absence, u'nless otherwise pmvided for herein, of any financing statement,
181 claims of Hen or polentiallienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days imme-
182 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
183 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-
184 eral contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a
185 construction lien or a claim for damages have been paid or will be paid at lhe Closing of this Contract.
186 H. PLACE OF CLOSING: Closing shall be held at the office of the attorney or other closing agent ("Closing
187 Agent") designated by Ihe party paying for title insurance,
188 I. TIME: Calendar days shaft be used in computing time periods except periods of less than six (6) days, in which event Saturdays, Sundays and state or nation-
189 aI legal holidays sheR be excluded. Any time periods provided for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the
1 90 next business day. Time is of the essence in this Contract
1 91 J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, certificate of title, construction lien affidav~, owner's possession affidavit, assignments of Ieas-
1 92 as, tenant and mortgagee estoppel letters and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement and financing statements.
193 K EXPENSES: Documentary stamps on the deed and recording 01 corrective instruments shall be paid by Seller. All costs of Buyer's loan (whether obtained
194 from Seller or third partyj, including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed,
195 mortgagee title insurance commitment with related fees, and recording of plXchase money mortgage, deed and financing statements shall be paid by Buyer.
196 Unless otherwise provided by law or rider to this Contract, charges for related closing services, title search, and closing fees Oncluding preparation of closing
197 statement), shat be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V.
198 L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be proraled through the day before Closing.
1 99 Buyer sheil have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be
200 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
201 rent and security deposits will be cred'rted to Buyer. Escrow deposits held by mortgagee win be credited to SeHer. Taxes shall be prorated based on the current
202 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-
203 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-
204 ment is not available, Ihen taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1 st at year of Closing,
205 which improvements were not in existence on January 1 st of prior year, then taxes shall be prorated based upon prior years millage and at an equitable assess-
206 ment to be agreed upon between th,e parties: faRing which, request shall be made to the County Property Appraiser for an informal assessment taking into
207 account available exemptions. A tax proration based on an estimate shaM, at request of either party, be readjusted upon receipt of current year's tax bill.
208 ~,' (RESERVED - purposely left blank)
20S ,\ ,,'ECTION AND REPAIR: DELETED
210 O. RISK OF LOSS: If, after the Effective Date, the Property is damaged by fire or other cesuaJty ("Casualty Loss") before Closing and cost of restoration (which
211 shall include the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase Price, cosl.of restoration shall be an obligation of Seller and
212 Closing shal proceed pursuant to the terms of this Contract, and if restoration is oot completed as of Closing, resloration costs will be escrowed at Closing. If
213 ta, c,)St of restoration exceeds 1.5% of the Purchase Price, Buyer shall either take the Property as is, together with the 1,5% or receive a refund of deposit(s)
214 tt""8by releasing Buyer and Seller from aU lurther obligations under this Contract. Seller's sole obligation with respect to tree damage by casualty or other natu-
215 ral O('('l!1 rence shaH be the cost of pruning or removal,
216 p. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds, If Ihe title agent insures adverse matters pursuant to Section 627.7841,
217 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
"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed litle insurer agreeing to issue Buyer, upon recording of the deed 10 Buyer.
an owner's policy of lille insurance in the amount 01 the purchase price, insuring Buyer's marketable litle to the Real Property, subjecl only to matlers contained
in Paragraph VII and those to be discharged by Seller at or before Closing, Marketable title shall be determined according to applicable Tille Standards adopt-
ed by authonty of The Florida Bar and In accordance with law, Buyer shall have 5 days from dale of recei'/ing the Tille Commilment to examine iI, and if title is
found defective, notify Seller in writing speCifying defect(s) which render lille unmarketable, Seller shall have 30 days from receipt of notice to remove the
defecls, failing which Buyer shall. within 5 days after expiration of the 30 day period. deliver written notice to Seller either: (1) extending the time for a reason.
able period not to exceed 120 days within which Seller shall use diligent effort to remove the defects: or (2) requesting a refund 01 deposit(s) paid which shall
be returned to Buyer, If Buyer fails 10 so notify Seller, Buyer shall be deemed to Ilave accepted the title as it then is, Seller shall, if title is found unmarketable,
use diligent effort to correct defect(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
Commitmenl and it is delivered 10 Buyer less than 5 days prior to Closing, Buyer may extend Closing so thaI Buyer shall have up to 5 days from date of receipt
10 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 lime allowed 10 deliver evidence of title and to examine same, may have the Real Property surveyed and certi-
fied. by a registered Florida sUNeyor. If the SUNey 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 I!': in!,:llrrlhle in accordance with "AS IS" Stnnrlnrrl A wilhout exception for lack of legal right of access.
F. LEASES: Lines 175-179 DELETED
FAR/BAR ASIS.2 Rev, 9/07 If) 2007 Florida Association of RCALlOHS" and The Florida Bar All Rights Reserved ,Page 4 015
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clOSing procee)ures shall apply: (1) all clOSing proceeds shall be held In escrow by the Closing Agen/ lor a peflod 01 not more than 5 days after Closing; (2)
if Seller's title IS rendered unmarketalJle. through no fault of Buyer. Buyer shall, wl/hin the 5 day period, notify Seller In writing of the defect and Seller shall
have 30 days from date of receipt or such notification to cure the defecl; (3) If Seller faeis 10 timely cure the defect. all depOSits and closing funds shall, upon
written demand by Buyer and within 5 days after demand, be returned 10 Buyer and, simullaneously 'tvith 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 rails 10 make timely demand
for refund, Buyer shall take title as is, waiving all rights against Seller as 10 any intervening defect except as may be available 10 Buyer by virtue of war-
ranties contained in the deed or bill of sale.
Q. ESCROW: Any Closing Agent or escrow agent (collectively "Agent") receiving funds or equivalent is authorized and agrees by acceptance of them 10 deposit
them promptly, hold same in escrow and, subject to clearance, disburse them in accordance With terms and conditions of this Contract. Failure of funds to
clear shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of this Contract. Agent may, at Agent's option, con-
tinue to hold the subject matter of the escrow until Ihe parties hereto agree to its disbursement or until a judgment of a court of competent jurisdiction shall
determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents
a party and also acts as Agent may represent such party in such action. Upon notifying all parties concerned of such action, all liability on the part of Agent
shaJlfully terminate, except to lhe extent of accounting ror any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with
provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller wherein Agenl is made a party because of acting as Agent hereunder, or in
any suit wherein Agent inlerpleads the subjecl 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 prevaiUng party, The Agent shall nol 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. AlTORNEY'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 Ihis "AS IS" Slandard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by
Chapter 475, F.S., as amended, shall be entitled 10 recover from the non.prevailing party reasonable attorney's fees, costs and expenses.
s. FAILURE OF PERFORMANCE: Lines
241-246 DELETED
"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES; Neither Ihis 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 piural and
one gender shall include all. Notice and delivery given by or to the attorney or broker representing any party shall be as effective as if given by or to lhat party.
All 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 shall convey marketable title to the Real Property by statutory warranly, 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 shaH 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 nol 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) Seffer has no knowledge of any repairs or improvements made to the
Property without compliance with governmental regulation which have not been disclosed to Buyer.
X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, including,
but not limited to lawn, shrubbery, and pool in the condition existing as of Effective Date, ordinary wear and tear and Casualty Loss excepted. Seller shall, upon
reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including a walk-through prior to Closing, to confirm that
all items of Personal Property are on the Real Property and that the Property has been maintained as required by this "AS IS" Standard. Seller will assign all
assiqnable repair and treatment contracts and warranties 10 Buyer at Closing.
Y. 1031 EXCHANGE Lines 267-270 DELETED
contingent upon, nor extended or delayed by, such Exchange.
Z. BUYER WANER OF CLAIMS: Buyer waives any claims against Seffer and, to' the extent permitted by law, against any real estate licensee involved
in the negotiation of the Contract, for any defects or other damage that may exist at Closing of the Contract and be subsequently discovered by the
Buyer or anyone claiming by, through, under or against the Buyer.
FAR/BAR ASIS-2 Rev, 9/07 (Q 2007 Florida Association of RLAuOHs" and The Florida Bar All Rights Reserved Page 5 of 5
mott t
-
From:
Sent:
To:
Cc:
Subject:
BigelowGary
Tuesday, August 18,20092:15 PM
'David Bartley'
mott t; RussellHans
OFFER - 41118TH AVE NE
Importance:
High
u
:ARBAR - 41118l1i
AVE NE.pdf
Dave: Attached, please find the County's offer for 41118th AVE NE, I know they are still in a pre-list evaluation stage,
but we wanted to be pro-active. Please update us as to future development, and any counter-offer period. Thank you
for your assistance and submission of the offer on our behalf. Best regards,
1
mott t
-
From:
Sent:
To:
Cc:
Subject:
BigelowGary
Tuesday, August 18, 2009 11 :26 AM
KrumbineMarcy
mott t; RussellHans; TorresRick
RE: Re: OFFERS - 4325 16TH ST NE & 411 18TH AVE NE
Importance:
High
From: KrumbineMarcy
Sent: Tuesday, August 18, 2009 10:58 AM
To: BigelowGary
Cc: mott_t; RussellHans; TorresRick
Subject: RE: Re: OFFERS ---- 4325 16TH Sf NE & 41118TH AVE NE
I would offer 95%) on both properties,
1Jt4"tCtj '7:,,'''{.(l#tfJl(1C
Marcy Krumbine. MPA
Director
Collier County
Housing and Human Services
239-252-CARE
239-252-HOME
239-252-<3442
239-252-2638 - fax
From: BigelowGary
Sent: Tuesday, August 18, 2009 10:29 AM
To: KrumbineMarcy
Cc: mott_t; RussellHans; TorresRick
Subject: Re: OFFERS ---- 4325 16TH Sf NE & 41118TH AVE NE
Importance: High
$ $
4120 TBD $ 118.000 100.300 $ 53.000 153.3(
PRE.
LIST APPRAISED 85% APPR REHAB TOT At
$ $
TBD $ 115.000 97.750 $ 43.600 141.3~
Marcy: These properties were inspected yesterday. I believe Rick has informed you of their individual states of disrepair
and quirkiness but nothing that cannot be solved. I do not have list prices, as these are pre-listed, and brand new
foreclosures. 4325 16th Street NE is a 2.73 acre parcel. Please let me know what form of offer you would like to make
0" them. Thank you.
1
D~tails
-
Property Record lr'-"'A;;i~,'
lr~"'Sk;t~h;;"
If
Parcel No.1137745880008
'),'
Trim Notices
Current Ownership
Property Addressll41118TH AVE NE
Owner Name MEDINA, IGNACIO EMILIO
Addresses 41118TH AVE NE
City NAPLES
Legalll GOLDEN GATE EST UNIT 23
I W105FT OF TR 79
Statel! FL
Section
27
Township
48
Range
27
Acres
1.59
Sub No.
-t Use Code
332800
1
I GOLDEN GATE EST UNIT 23
I SINGLE FAMILY RESIDENTIAL
2009 Preliminary Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Fnal Tax Roll
Land Value $ 39,750.00 II
(+) Improved Value $ 134,591.00 II
(=) Just Value $174,341.00 II
H SOH Exempt Value $ 0.00 I
I (=) Assessed Value $ 174,341.00 I
I H Homestead and other Exempt Value $ 0.00 I
I (=) Taxable Value $174,341.00 I
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
-
Date II
12/2004 II
04 / 2004 I
06 / 2001
09/1998
09/1998
09/1998
Map No.
3C27
'1J Millage Area
290
L.
ii
Page 1 of 1
Zip1134120.6309
Latest Sales History
Book - Page
3706 - 3730
3535 - 4115
2838 - 1 069
~:..HD
2464 - 1487
~4~-1486
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The Information is Updated Weekly.
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hrtp:/ /www.collierappraiser.comIRecordDetai1.asp ?Map=&F olioID=000003 7745880008
Strap No.
332800 79 33C27
'1J Millage
11.5439
Amount I
$ 273,000.00 I
$ 211,500.00
$ 129,000.00
$ 11,400.00
$0.00
$ 0.00 I
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8/18/2009
INSTR 4329607 OR 4481 PG 1752 RECORDED 8/11/2009 3:35 PM PAGES 3
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
DOC@.70 $0.70 REC $27.00 INDX $1"00
CONS $100.00
3'1
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space above reserved for recording information
IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR COLLIER COUNTY
Saxon Mortgage Services, Inc,
~. ILf15- c-A- 01
Plaintiff,
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ourt certifies that slbe execu~
{rt .3 () ) 0l00'l'
escnbed herein and that no objections to the sale
The undersigned, DWIGH
"n~ ().. -
and filed a Certificate of Salevfor the property
have been filed within the time allowed for filing objections.
The following property in Collier County, Florida:
THE WEST 105 FEET OF TRACT 79, GOLDEN GATE ESTATES, UNIT NO, 23,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES
9 AND 10 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Property Address:
411 18th Avenue Northeast, Naples, FL 34120 was sold to:Saxon
Mortgage Services, Inc. and said bid ofPlaintitrherein was assigned by Assignment of Bid, title
to the hereinabove referenced property is issued to Deutsche Bank National Trust Company, as
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OR 4481 PG 1753
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Trustee for Morgan Stanley ABS Capital I Inc. Trust 2007-HE7 and whose address is: Saxon
Mortgage Services, Inc" 4708 Mercantile Drive, Fort Worth, Texas 76137-3605,
WITNESS, DWIGHT E. BROCK, as Clerk of the Circuit Court, and the seal of said
Court, at NAPLES, Collier, Florida.
CERTIFICATE OF SERVIC
.L4(J..glL~+ A'r~ii'~'~7""
Date .:: ,.c." ..,... \', '.j','
/ ,,/ ", '. '~"\:r:; ", ,
. '.- iJ: '> I . I .(',_ . ~ :
DWIGHT E. BROCK. !.:J (0- ;:;. ;.. :: '';i. ,
." ". .... I.' ltJ. ft .. <I""W'
Clerk of the CircuitjCot.... _' ~. t:t Q t, : ''':: :
. ,. tu" - ~ ;. :> ... '" I
. '.. ~,.~ ::r~. '.~" ..~.: ;;' .
I HEREBY CERTIF t
was mailed on J ~~ay 0
../ SHAPIRO & FISHMAN, LLP
Tampa, FL 33618
/IGNACIO EMILIO MEDINA, 41118TH AVENUE NORTHEAST, NAPLES, FL 34120
~ RUSSELL W. GARD, 2821 4TH ST. NORTHEAST, NAPLES, FL 34120
V DONNA M. GARD, 2821 4TH ST, NORTHEAST, NAPLES, FL 34120
j OCCUPANT(S), 41118TH AVENUE NORTHEAST, NAPLES, FL 34120
DW~GHT E. 6ROCK. CLt!RJ<'
Clerk of the Circuit Court
BY:~A1~_ ~bd
Deputy lerk
*** OR 4481 PG 1754 ***
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THIS DOCUMENT WAS PREPARED BY:
SHAPIRO & FISHMAN
10004 N. Dale Mabry Highway, Suite 112
Tampa, FL 33618
08-089283 FeO 1
Print Map
Page 1 of 1
P-.
IuINlIYllAoo.
A<<l... _ (lIlocll Ulllanl
AWl.. _ (1 fEET}
BUlldl"1l foolpnota
Colll<< Couoty
Folio Number: 37745880008
Name: MEDINA, IGNACIO EMILIO
SlnHIll\l& Name: 41118THAVE NE
lega' Description: GOLDEN GATE
EST UNIT 23 Wl05FT OF TR 79
C '2004. Collier County Property Appraiser. W1i1e the Collier County Property Appraiser is committed to providing the most accurate and up-.to-d8te information, no warranties expressed or implied are provided
for the data herein, its US" or ita interpretation.
r, ttp:/ /maps.collierappraiser .comlwebmap/mapprint.aspx?title=&orient= LANDSCAPE&pa... 8/18/2009
MEMORANDUM
Date:
October 1,2009
To:
Gary Bigelow,
Property Acquisition Specialist
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract: 4111Sth Ave 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 ACCOl\ll'ANY ALL ORIGINAL DOCUM:Ems SENT TO
THE BOARD OF COUNTY COIVlMlSSIONERS OFFICE FOR SIGNATURE
Princ on pink paper. A1tlch 10 origin.:1l do<=ent. Original ~m~!l mould be hand delivered. co the Boam. Office. The-complctcd rouring slip 31ld original
dr:v-nm"'1~ arc 10 be. furw-:m:ted.1O the BoaId Office only ~ the Boam has t:1b:n. action. on the it.em..) , , . . .' , .,
. . '. ROUTING SLll! ' . '.~,.
CampLete routing .1i=1 11 tf:trough #4 ~ appropri:a%l: fur additia1al sign.a.cn=. dues. a:ndIor inftttmaoon needed.. If the ch=n"" fi.:s alre:1dy complete with rbe
c=cpcion afthe ~I.! si dr.aw z line r1Iron .rourin liner Itl tbron #4., letl:: rbe d1o:.k1ist; and forward 10 S= Fi1son (1ine 115).
Route to Addressee{s) Office Initials, Date
(List in routin Ol'dcr)',:.,,_: _
L
PRThfARY CONTACT- INFORMA. nON
(The prim;Iry =met i.:s the holder of the original document pending Bee approY:Ll. Nan:imlIy the primary COUClCt i.:s the pcaon who =n:dIprepan:d the ex=tivc
summ:uy. Primary coucu:r infonnation is nccd.cd in the evCllC one of the :uidr=e:= above, including Sw: Filson. need to c;onClCt mfI for additillllal or missing
inf=tioa. AIl originllJ documents needing the Bee OWrm:ul's sign.a01rC = to be delivered to the Bee office only :Utcr tbc: Bce has aacd lO approve the
ilz:m. )
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BeC
Type of DOCUIl1CIlt
Attached
\., 0:
2.
3.
4"
.",4""
---
5. .su. t;;1')t'\n F~~llriv... M!tT1:!eer
1M f1IJ r(c~ -
6. .Minutes and Records
Board of County Commissioners
OerIe of Court's Office
Phone Number
Agenda Item Number
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or marl:: "NI A'. in the Not Applicable column. whichever is
a .
1., Original document 1w been signcdf'mitiaIcd for legal sUfficiency. (All documents to be
signed by the. Chairman. with the exception of most letters;, must be reviewed and signed
oy the Office of the County Attomey, Thi.! includes signacurc pages from ordina.nces,
resolutions. etc. signed by the Cou:nty A.t:torney's Office and signature pages from
contract!. agreements. etc. that have been fnIIy cx::cuted by all parties except the BCC
Chairman and Clerk to the Board and ssibl State Officials.)
2. All handwritten.strike-throagh and revisions have been initialed by the County ~mey.' s
Office and all other ames e t the BCC Chairman and the Clerk to the Board
3. The Chainpan's signature line date has been entl:red as the date ofBCC approval of the
document or the final DC ti.ated contract date whichever is licable.
4. "Sign here" tabs arc placed on the appropriate pageS indicating where the Cha:irman's
si' and initials arc r
5. In most cases (some contracts arc an exception), the original document and this routing slip
should be provided to Sue FIlson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallah.assee within a certain
time frame or the BCe's actions are nu11i:ficd. Be aware f our deadlines!
6. The document was approved by the Bee on ,) (enter date) and all changes
made during the meeting have been incorporated in the t:tached document. The
COUll Attorn 's Office has reviewed the es. if a liable..
;,. .
.~
dc} /b 0
f073
/o~
I
Yes
(Inidat)
N/A(Noc
licable)
~
, jJ!tr
I: FormsI Cooney FonmI Bee FonmI Origin.a1 Doc::ume= Rouring Slip WWS Origin.al9.03.04, R.:vised 1.26.05, Rc.,-i,ed 224.05
ITEM NO.: cf1#O~..O\BlS
FILE NO.:
ROUTED TO:
"... iiic 0
}~b~t~ r&CEIV~~:l)UJ- \D) l
, "; '(!: 0 I
!_~ j
REQUEST FOR LEGAL SERVICES
DATE:
September 29, 2009
TO:
JENNIFER B. WHITE, ASSISTANT COUNTY ATTORNEY
OFFICE OF THE COUNTY ATTORNEY
FROM:
Gary Bigelow
Real Property Management @ Ext. 8073
RE:
Neighborhood Stabilization Program (NSP) Grant
Contract for 41118th Ave NE
ATTACHMENTS:
BACKGROUND OF REQUEST /PROBLEM: \~ l> \0'\
Please review the attached Contract for legal sufficiency, and if acceptahle please sign. ~ -ec..
/\C-~b-
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(1) "As Is" FARBAR Contract
(2) (SUPPLEMENTAL DOCUMENTATION)
Property Data Sheets/Certificate of Title
THIS ITEM If AS " NOT BEEN PREVIOUSLY SUBMITTED.
FILE NO.:
ACTION REQUESTED: Jennifer: Please sign for legal sufficiency, if acceptable, so we
may present to the Chairman ofthe BCC for execution. **PLEASE NOTE THAT THIS IS
TIME SENSITIVE
.
THANK YOU VERY MUCH FOR YOUR ASSISTANCE!!
~
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