Contract for Sale & Purchase #2
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE
l' PARTIES: FOR MORGAN CHASE STANLEY ABS CAPITAL I, INC. 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 tollowing described Real Property and Personal Property (collectively "Property")
4 pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"):
5 I. DESCRIPTION:
6* (a) Leoal descriDtion of the Real ProDertv 10t':8tArJ in COLLIER County, Florida:
WEST 105 FEET OF TRACT 79
7* GOLDEN GATE ESTATES UNIT 23 PLAT BK 7. PG 9-10 COLLIER COUNTY. FL.
B* (b) Street address, city, zip, of the Property:_ 41118TH AVENUE NE, NAPLES, FL 34120
9 (c) Personal Property includes existing rangers), refrigerator(s), dishwasher(s). ceiling fanes). light fixture(s). and window treatment(s) unless
10 specifically excluded. below. .
11* Other items included are: Notapplrcable
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13* Items of Personal Property (and leased items, if any) excluded are: No! applicable
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15* II. PURCHASE PRICE (U.S, currency}:.. . . . . . . . . , . . . . , . . . . . . , . , .. . . , . . " . . . . .. . . . . . . . . . . . . . . . . . . . $
16 PAYMENT:
17* (a) Depos~ held in escrow by BECKER & POLlAKOFF. PA ("Escrow Agent") in the amount of (checks subiect to clearance)
18* Escrow Agent's address: 311 STIRLING RD FT. LAUDERDALE, FL 33312 Phone:_ 954-965-5041
19* (b) Additional escrow deposit to be made to Escrow Agent within ...J:JilL' days after Effective Date in the amount of. . . . . . . . . '.
20* (c) Financing in the amount of ("Loan Amount") see Paragraph IV below . . . . . . : . . . . . .. . ..........................
21 * (d) Other . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject
23* to adjustments or prorations. . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . $
24 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
25 (a) If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or
26* before 10 davs from counteroffer , the deposit(s) will, at Buyer's option, be returned and this ofter 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
' '. . AFTER EITHER PARTY SIGNS.
32* .QiI (a) This is a cash transaction with no contingencies for financing;
33* 0 (b) This Contract is contingent on Buyer obtaining written loan commitment whidl confirms underwriting loan approval for a loan to purchase
34* the Property C'Loan Approval1 within _ days Of blank, then 30 days) after Ell'ective 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.(c)) at an initial interest rate not to
36* exceed %, and for a term of _ years. Buyer wiU make application within _ days (If blank, then 5 days) atter Effective Date.
37 BUYER: Buyer shall use reasonable difigence 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 purfX)Ses of this subparagraph. Buyer shall pay a'loan expenses. Buyer authorizes the mortgage broker(s) and
40 lender(s) to disclose information regarding the conditions, status, and progress of loan application and Loan Approval to Se"er, Seller's attorney,
41 real estate licensee(s), and Closing Agent.
42 SELLER: If Buyer does not deliver to SeUer vvritten notice of Loan Approval by Loan Approval Date, Seller may thereatter 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 Cancenation Notice shall
44 notify Buyer that Buyer has three (3) days to deliver to Seller written notice waiving this Financing contingency, or the Contract'shal' be cancelled.
45 DEPOSIT(S) (for purposes of this Financing Paragraph IV(b) only): If Buyer has used reasonable diligence but does not obtain Loan Approval
46 by Loan Approval Date, and thereafter either par1y elects to cancel this Contract, the deposit(s) shall be returned to Buyer. If Buyer obtains Loan
47 Approval or waives this Financing contingency, and thereatter the Contract does not close, then the deposit(s) shall be paid to Seller; provided how-
48 ever. if the falure 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 Vi) Buyer's 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 (c) Assumption of existing mortgage (see rider for terms); or
52* 0 (d) Purchase money note and mortgage to Seller (see 'As Is" Standards Band K and riders; addenda; or special clauses for terms),
53* V. TITLE EVIDENCE: At least _ days (if blank, then 5 days) before Closing a title insurance commitment with legible copies of instruments listed as
54 exceptions attached thereto ("Title Commnment") and, after Closing, an owner's policy of title insurance (see Standard A for lerms) shall be obtained by:
55* (CHECK ONLY ONE): III (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): .:l If an abstract of title is to be furnished instead of title insurance, and attach rider for terms.
i8* VI. CLOSING DATE: This transaction shall be dosed and the closing documents delivered on NOVEMBER 24, 2009 ("Closing"), unless
i9' modified by other provisions of this Contract. tn the event of extreme weather or other conditions or events constituting "force majeure", Closing will be
.0 extended a reasonable time unW: (i) restoration of utilities and other services essential to 'Closing, and vO availability of Hazard, Wind, Flood, or Homeowners'
l' 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
$107,100.00
FAR/BAR ASl.S.:2 Rpv q;n7 fa. ?nn7 "'N;rf~ A,.c.o~.~ . ...
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62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject 10: comprehensive land use plans. zoning,
63 restrictions, prohibitions and other requirements imposed by governmental authority; restrrctions and matters appearing on the plat or otherwise
64 common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; unplaaed public utility easements of record
65 (located contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as 10 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. 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 lien(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: I!I by Seller at closing 0 by Buyer (it 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 buiiding 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 buiidings in Rorlda.
85 Additional information regardfng radon or radon testing may be obtained from your County Public Health unit.
86 (c) Mold is naturally occurring and ITl8Y cause health risks or damage to property. It Buyer is concerned or desires additional information
87 regarding mold, Buyer should contact an appropriate professional.
88 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, F.S.
89 (e) If the Real Property includes pre-1 978 residential housing, then a lead-based paint rider is mandatory.
90 en 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 TIONICOMMUNITY DISCLOSURE.
93 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT Ray ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT
94 OF PROPERTY TAXES TI-iAT THE BlNER NtA.Y BE OBliGATED TO PAY IN mE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER-
95 SHIP OR PROPERTY IMPROVEMENTS m/GGERS REASSESSMENTS OF mE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES.
96 IF YOU HAVE M!Y QUESTIONS CONCERNING VALUATION. CONTACT mE COUNTY PROPERTY APPRAISER'S OFRCE FOR INFORNtA.TION,
97 XII, MAXIMUM REPAIR COSTS: DELETED
9S* XIII. HOME WARRANTY: Q Seller 0 Buyer I!!I N/A will pay for a home warranty plan issued by
99* at a cost not to exceed $ U.uu
100" XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have ~ days from Effective Date ("Inspection Period") within
101 which to have such inspections of the Property performed as Buyer shall desire and utilities service shall be made available by the
102 Seifer during the Inspection Period; (b) Buyer shalf 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) shalf 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 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 HOMEOWNERS' ASSN. Cd LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE
113* 0 INSULATION 0 EVIDENCE OF TITLE (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 COMPLY WITH THE REQUIREMENTS OF THE
119* NEIGHBORHOOD STABILIZATION PROGRAM.
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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.
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 Rf.ALlORS~ and T.~e ~lorida_.f'3~~_"_~"!3l..~"I?Reserved Paoe 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 SIGNING.
130 THIS "AS IS" FORM HAS BEEN fI.PPROVED BY THE FLORIDA ASSOCIATION OF RE/\lTORS" AND THE FLORIDA BAR.
131 Approval does nol 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 intemsted persons.
134 AN ASTERISK(') FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED.
135* "SEE SIGNATURE BLOCK BELOW
136 (B~ ~
137*
138 (BUYER) - (DATE)
139* Buyers' address for purposes of notice Real Property Manaqe
140* 3301 Tamiami Trail East, Bldc'/, W, Naples, FL
141* (239) 252-8991 Phone Phone
142 BROKERS: The brokers vncluding cooperating brokers, if any) named below are the only brokers entitled to compensation in connection with
1 43 this Contract: BARTLEY REALTY
144 * Name:
145
(SELLER)
(DATE)
(SELLER)
Sellers' address for purposes of notice
(DATE)
Cooperating Brokers, if any
Listing Broker
Date Property acquisition approved by BCC:
March 2~09, Ite:m 10F a
DATED: ~ l~.~ ,
.
~ "
BUYER:
."
ATTEST: ,":,
DW/CHrE 8HOGK,'.crerk
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NlY COMMISSIONERS
TV, FLORID:J.
Approved as to form and
legal sufficiency:
~i\\2)~
~. County Attorney
PROPERlY ADDRESS:
41118TH AVENUE NE, NAPLES, FL 34120
c^n/DAn ^l'IC' 0'") n_ {")/rY7 t:";\ n".....,.,.
, 'ill V
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169 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-
1 70 tied by a registered Rorida SUNeyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback
171 lines, easements, lands of others or violate any restrictions, Contrac1 covenants or applicabie governmental regulations, the same shall constitute a title defect.
172 D. WOOD DESTROYING ORGANISMS: DELETED
173 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
174 in Paraqraph VII hereof and title to the Real Prooertv i!'\ in!'\llrrlhle in accordance with "AS IS" St;mrlArrl A without exception for lack of legal right of access.
175 F. LEASES: Lines 175-179 DELETED
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
A. TITLE INSURANCE: The Tille Commilmenl shall be issued by a Florida licensed tllle insurer agreeing to Issue Buyer. upon recording 01 Ihe deed 10 Buyer,
an owner's policy ollllle insurance jn Ihe amcunt 01 the purchase price. insuring Buyer's marketable litle to the Real Property, subject only 10 malters contained
in Paragraph VII and those 10 be discharged by Seller al or before Closing. Marketable litle shall be determined according 10 applicable Title Standards adopt-
ed by authorlly of The Florida Bar and In accordance with law. Buyer shall have 5 days from dale of receiVing the Tille Commltmenl to examine iI, and if title is
found defective. notify Seller In writing speCifying defecI(s) whiCh render 1IIIe unmnrketable. Seller shall have 30 days from receipt of notice 10 remove the
defects, falling whIch Buyer shall. within 5 days aNer expiration 01 the 30 day period. deliver wrilten notice 10 Seller either: (1) extending the time for a reason-
able period not ID exceed 120 days within which Seller shall use diligent effort to remove the defects: or (2) requesting a refund 01 depos/t(s) paid which shall
be returned 10 Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the litle as It then is. Seller shall, if title is found unmarketable,
use diligent effort 10 correct delect(s) within the time prOVided. If, after diligent effort. Seller is unable to timely correct the defecls, Buyer shall either waive the
defects, or receive a refund of deposlt(s). thereby releasing Buyer and Seller from all further obligations under this Contract. if Seller is to provide the Tille
Commitment and it is delivered to Buyer less than 5 days prior to Closing, Buyer may ex1end Closing so that Buyer shall have up to 5 days from date of receipt
to examine same in accordance with this "AS IS' Standard.
B. PURCHASE MONEY MORTGAGE,
SECURITY AGREEMENT TO SELLER:
Lines 159-168 DELETED
G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise pr~vided 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 construction
liens executed by all general contractors, subcontractors, suppliers and mate'ialmen in addition to SeJler's lien affidavit setting forth the names of aJl such gen-
eral contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a
construction lien or a claim for damages have been paid or will be paid at the 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 ~ille insurance,
I. TIME: Calendar days shaH 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 ho6days shan be excluded. Any time periods provided for herein which shaft end on a Saturday, Sunday, or a legal holiday shal extend to 5:00 p.m. of the
next business day. Time is of the essence in this Contract
J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, certificate of title, construction lien affidavit, owner's possession affidavit, assignments of leas-
es, tenant and mortgagee estoppel letters and corrective instruments. Buyer shali 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 SeNer. All costs of Buyer's loan (whether obtained
from Seller or third partyj, 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 shaU 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 shaU be prorated through the day before Closing.
Buyer shan have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be
increa5edor 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 w~1 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 allo.vable 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. ff current year's assess-
ment is not available, then taxes wiji be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1 st of year of Closing,
which improvements were not in existence on January 1 st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assess-
ment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking into
account available exemptions. A tax proration based on an estimate shaU, at request of either party, be readjusted upon receipt of current year's tax bill.
M. (RESERVED - purposely left blank)
N. INSPECTION AND REPAIR: DELETED
O. RISK OF LOSS: If, after the Effective Date. the Property is damaged by fire or other casualty ("Casualty Loss") before Closing and cost of restoration (which
shall include the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase Price, cost of restoration shall be an obligation of Seller and
Closing shat proceed pursuant to the terms of this Contract, and if restoration is not completed as of Closing, restoration costs will be escrowed at Closing. If
the cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall 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 c.:asually or other natu-
ral occurrence shal be the cost of pruning or removal.
p. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the I;tle agent insures adverse matters pursuant to Section 627.7841.
F.S., as amended, the escrow and closing procedure required by this "AS IS' Standard shall be waived. Unless waived as set forth above the following
FAR/BAR ASIS.2 Rev. 9/07 If:) 2007 Florida AsSOCiation of RtALlOKS" and The FIQrlda Bar..~'i...B.eSE:rvAr1 P"nA 4 ()f 'i
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
closing procerjures ShClI/ <Jpply. (1) all clOSing proceeds sholl be 11Cld In escrow by the Closing Agent lor il period of 110t more than 5 doys af1er ClOSing; (2)
If Seller's title is rendered unmarketilble. through no faul1 of Buyer. BUiDr shall, witrun Ihe 5 day perrod. notify Seller In writing of the defect and Seller shall
have 30 days from date of receipt of such notification to cure the defect: (3) If Seller fails to timely cure the darect. all depOSits <Jnd closing funds shall. upon
written demand by Buyer and witllin 5 days af1er demand, be returned 10 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
for refund, Buyer shall take title as is, waiVing all rights against Seller as to any intervening deiect except as may be available to Buyer by virtue of war-
ranties contained in the deed or bill of sale.
a. ESCROW: Any Closing Agent or escrow agent (collectively "Agent") receiving funds or equivalenl is authorized and agrees by acceptance of them to deposit
them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this Contract. Failure of funds 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 the 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 wilh the clerk of the circuit court having juriSdiction of the dispute. An attorney who represents
a party and also acts as Agent may represent sLlch party in such acllon. Upon notifying all parties concerned of sLlch aClion, all liability on the part of Agent
shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a kensed real estate broker, Agent will comply with
provisions of Chapter 475, F.S., as amended. Any suit belween 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 iterns 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 this "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 benefrt of the parties and their successors in interest. Whenever the context permits, singular shall include plural and
one gender shaG 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.
AH notices niust 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 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 8 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
all items of Personal Property are on the Real Property and that the Property has been maintained as required by this "AS IS" Standard. Seller will assign all
assiqnable repair and treatment contracts and warranties to Bwer at Closing.
Y. 1031 EXCHANGE Lines 267-270 DELETED
contingent upon, nor extended or deiayed 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 AStS.2 Rev. ~/07 ~ 2007 Florida A~<;()ri~tinn of Rj.J.l _In~c:"" :.<nrl Tbp_"Flr,\.(i.d;;L.8.4r 1l'1 D;,..,ht... D,..,...,..,.......~d n..._.. c ,.,.1 ,J;;: ,__,_~^
THIS DOCUMENT HAS IMPORT ANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD
CONSUL T LEGAL, TAX, OR OTHER PROFESSIONAL COUNSEL BEFORE SIGNING.
Counterproposal to Purchase and Sale Agreement
This Counterproposal to Purchase and Sale Agreement ("Counterproposal") amends, modifies, revises, and is incorporated for all
purposes into the proposed purchase and sale agreement or contract (together with any attachments or addenda thereto, "Contract")
dated 10/08/09 between Saxon Mortgage Services Inc. ("Seller") and Collier County A political subdivi ("Buyer")
relating to the sale and purchase of the following described real property ("Transaction") located in COLLIER Countv,
!=L , otherwise know as 411 18TH AVENUE NE NAPLES FL 34120 (together with any
improvements thereon, "Property").
Seller and Buyer agree as follows:
. PRICE: The "Purchase Price" shall be $ 109250 . "Earnest Money" in the amount of $ 5000 is due
upon Buyer's acceptance of this Counterproposal and is to be held by BECKER & POLIAKOFF, PA . Earnest Money shall
be in a fonn acceptable to Seller, including certified funds, cashiers and tellers checks, and money orders; cash is
unacceptable, NOTWITHSTANDING CUSTOMARY PRACTICES OR ANY PROVISION OF THE
CONTRACT TO THE CONTRARY, UNLESS OTHERWISE PROVIDED IN THIS COUNTERPROPOSAL
OR REQUIRED BY APPLICABLE LAW, THE EARNEST MONEY SHALL BE NON-REFUNDABLE. In the
event the Contract or this Counterproposal provides for the release of the Earnest Money to Seller, execution of this
Counterproposal by Buyer will serve as a written release, and the only release necessary, for the escrow company or
closing agent to immediately release the Earnest Money as such to Seller.
. SELLER CONCESSIONS:
Closing Costs (not to exceed):
Seller-paid Repairs (see below):
Lender Required Repairs:
Homeowners Warranty Amount:
Other
$ 0
$ 0
$ 0
$ 0
$ 0
If Seller has agreed to pay for the cost of any repairs ("Seller-paid Repairs"), Seller shall cause such Seller-paid repairs
to be made by contractors designated and approved by Seller prior to the time the Transaction is closed ("Closing"). In
the event Closing does not occur, Buyer will be responsible for any costs Buyer has incurred in connection with this
Contract. Closing costs paid by Seller will be paid at Closing and must be based on actual, specified closing costs.
At Closing,
any
Seller
shall
pay
for
the
following
treatments
and
repairs,
if
. CLOSING: The Closing shall be on or before 11122009 ("Closing Date"). The "Closing Agent" will be
Becker and Poliakoff. PA or Buyer's title insurance provider indicated in paragraph 16 below
TIME IS OF THE ESSENCE IN THIS CONTRACT,
IN THE EVENT ANY PROVISION OF THIS COUNTERPROPOSAL CONFLICT IN WHOLE OR IN PART WITH THE
TERMS OF THE CONTRACT, THE PROVISIONS OF THIS COUNTERPROPOSAL WILL CONTROL EXCEPT TO
THE FYTFNT SUCH PROVISIONS OF THIS COUNTERPROPOSAL ARE CONTRARY TO ANY APPLICABLE LAWS,
RULLS, OR REGULATIONS ("APPLICABLE LAW"), IN WHICH CASE THE CONTRACT SHALL GOVERN ONLY
TO THE LIMITED EXTENT NECESSARY FOR COMPLIANCE WITH ANY SUCH APPLICABLE LAW.
Buyer's Initials
Buyer's Initials
Seller's Initials
?age I of 10
Counterp"'posaJ to Purchase and Sale Agreement 06/30/08
The turns and conditions of the Contract are further amended, modified, and revised by this Counterproposal as follows:
1. Defd. Seller shall furnish to Buyer at Closing, either a special warranty deed, a quitclaim deed, or such other deed ("Deed")
necef.sary to convey insurable title to the Property, subject to the tenns of the Contract and this Counterproposal. If more than one
foml of Deed will suffice for conveying insurable title, Seller in its sole discretion may elect the fonn to use to convey the Property to
Buyer.
Buyer's Initials
2, Consideration of OtTers. Buyer acknowledges that Seller may have received offers prior to or may receive offers after receipt of
Buyer's current offer evidenced by the Contract. Buyer acknowledges that Seller may consider all offers to purchase the Property,
regardless of the date of receipt, and that Seller may accept or reject any offer in Seller's sole discretion. Seller's agreement to sell the
Property to Buyer is evidenced solely by Seller's signature of this Counterproposal and no prior oral discussions or representations of
any kind by Seller, or its agents or representatives, shall be binding upon Seller unless set forth in this Counterproposal
3. Special Conditions. Buyer acknowledges that Seller obtained the Property by foreclosure or a deed in lieu of foreclosure. The
Contra:t and this Counterproposal may be subject to the following: (a) approval by a private mortgage insurer; (b) repurchase of the
Proper ty by the prior mortgage servicer or insurer; or (c) the ability of Seller to convey insurable title as required by the Contract and
this Counterproposal. In the event that any of these conditions apply, Seller in its sole discretion may tenninate the Contract and this
Counterproposal and promptly refund the Earnest Money to Buyer as Buyer's sole and exclusive remedy. Upon such tennination,
Seller Jhall have no further obligation to Buyer whatsoever.
Neither Seller nor any of its agents or representatives have occupied the Property and neither warrants or represents that the Property
or any alterations or additions which may have been made to the Property confonn to Applicable Law.
Buyer hereby acknowledges that Seller shall not be providing Buyer with a Real Estate Transfer Disclosure Statement and/or a
certificate of occupancy with respect to the Property, Buyer, to the extent pennissible under Applicable Law, hereby waives any
reql1;rement that Seller furnish Buyer with any such disclosure statement and/or a certificate of occupancy and hereby releases Seller,
and its successors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives from any and all liability
resulting from the non-delivery of such disclosure statement and/or certificate of occupancy.
Buyer's Initials
MOLD, MILDEW SPORES, AND OTHER MICROSCOPIC ORGANISMS AND ALLERGENS (COLLECTIVELY,
"MOLD") ARE ENVIRONMENTAL CONDITIONS THAT ARE COMMON IN RESIDENTIAL PROPERTIES AND MAY
AFFECT THE PROPERTY, MOLD, IN SOME FORMS, HAS BEEN REPORTED TO BE TOXIC AND TO CAUSE
SERIOUS PHYSICAL INJURIES, INCLUDING, BUT NOT LIMITED TO, ALLERGIC AND RESPIRATORY
REACTIONS OR OTHER PROBLEMS, PARTICULARLY IN PERSONS WITH IMMUNE SYSTEM PROBLEMS,
YOUNG CHILDREN, AND ELDERLY PERSONS. MOLD ALSO HAS BEEN REPORTED TO CAUSE EXTENSIVE
DAM/.GE TO PERSONAL AND REAL PROPERTY, MOLD MAY HAVE BEEN REMOVED OR COVERED IN THE
COURSE OF CLEANING, REPAIRING, OR REMEDIATlNG THE PROPERTY. IF SELLER, OR ANY OF ITS AGENTS
OR REPRESENTATIVES, CLEANED OR REPAIRED THE PROPERTY OR REMEDlATED MOLD
t::ONTAMINATION, SELLER DOES NOT IN ANY WAY WARRANT ANY SUCH CLEANING, REPAIR WORK, OR
REMEDIATION. BUYER WILL TAKE TITLE TO THE PROPERTY "AS-IS," SUBJECT TO THE PROPERTY
COM)fTIONS THAT EXIST AS OF THE CLOSING DATE. BUYER IS FULLY RESPONSIBILITY FOR ALL HAZARDS
THAT MAY RESULT FROM THE PRESENCE OF MOLD IN OR AROUND THE PROPERTY. BUYER IS SATISFIED
WITH THE CONDITION OF THE PROPERTY NOTWITHSTANDING THE PAST OR PRESENT EXISTENCE OF
MOL~ IN OR AROUND THE PROPERTY, AND BUYER HAS NOT IN ANY WAY, RELIED UPON ANY
REPRESENTATIONS OF SELLER, OR ITS SUCCESSORS, ASSIGNS, AFFILIATES, DIRECTORS, OFFICERS,
EMPI~OYEES, OWNERS, AGENTS, AND REPRESENTATIVES CONCERNING THE PAST OR PRESENT EXISTENCE
OF MOLD IN OR AROUND THE PROPERTY.
Buyer's Initials
Buyer's Initials
Seller's Initials
Page '1 of 10
C'unt'_rproposaJ to Purchase and Sale Agreement 06/30/08
4, Personal Property. Items of personal property located on the Property are not to be considered as part of the Property and are not
;nclUl:bd in the Contract or this Counterproposal. Seller makes no representation or warranty as to the condition of, title to, or
encumbrance of any such personal property. Seller shall have no liability for any claim or losses Buyer or Buyer's successors or
assigns may incur as a result of any condition or defect that may now or hereafter exist with respect to such personal property. No bill
of sale will be provided at Closing; provided, however, Seller shall provide the minimum documentation necessary to transfer
any mobile or manufactured home located on the Property.
Buyer's Initials
5. Occupied Propertv, In the event the Property is occupied by one or more tenants, Seller makes no representations regarding: (a)
the ('x;stence of a written lease agreement; (b) the term of such tenancy; (c) whether rent payments are current; (d) the amount of rent
that :,;hould be paid; or (e) compliance with rent control, registration, or other Applicable Laws. In addition, Seller does not hold any
security deposits for any tenant and Buyer is solely responsibile to any tenant for the return of any security deposits and any interest
therco!1,
6. "AS IS" Condition. Seller conveys and Buyer accepts the Property in "AS IS, WHERE IS" condition at the time of Closing,
including any known or hidden defects, Neither Seller nor any person acting as its agent or representative is making any
warranties or representations, either express or implied, as to the condition of the Property. Buyer hereby releases and agrees
to hold harmless Seller and and its successors, assigns, affiliates, directors, officers, employees, owners, agents, and
representatives from any and all claims or liability with respect to the condition of the Property.
Seller. most specifically, makes no warranty or representation as to whether any utility service, including water, sewer, electricity,
gas, and other such service ("Utilities"), serving the Property are public or private.
Buyer's Initials
7, Buver's Ril!ht to Inspect. Buyer acknowledges Buyer's opportunity to inspect and investigate the Property, either independently
or through agents of Buyer's selection. Any such inspection shall be made at Buyer's own expense and shall be completed within ten
(10) days from the execution of this Counterproposal by Seller. Buyer shall rely solely on Buyer's inspection and review to evaluate
the condition of the Property. Buyer further acknowledges and agrees that Buyer is not relying on any statements or representations
made t'y Seller or Seller's agents or representatives (including, but not limited to, information disclosed on the MLS) as to the
conditlOn of the Property, including, but not limited to, the condition, structural soundness, and working order of: heating/air
conditioning systems; sewage; roof; foundations; soils; septic systems; plumbing; lot size; suitability of the Property for particular
pUTfiO~i:S; appliances; Utilities; and any improvements to the Property. Buyer further acknowledges and agrees that Buyer is not
rely;ng on any statements or representations made by Seller or Seller's agents or representatives regarding whether the Property is in
comphance with Applicable Law. Buyer acknowledges that Buyer is responsible for obtaining any inspection reports as to: (a) the
~ondition of the Property and any appliances, structural components, heating/air conditioning systems, sewage, roof, foundations,
soils, septic systems, plumbing, and Utilities; (b) suitability for use of the Property; (c) the presence of any toxic or hazardous
3ubst:mces on the Property, including, but not limited to, radon, asbestos, lead paint, or Mold; (d) any other factors that would render
the Property uninhabitable or dangerous to the health of the occupants; (e) whether the Property is in compliance with Applicable
La~; and (f) any other factors regarding the Property about which Buyer may be concerned. Buyer's failure to inspect the Property
shall not alter or impair the understanding and agreement between Seller and Buyer as set forth in the Contract and this
Counterproposal. No inspections may be made by any building or zoning inspector or government employee without the prior written
consent of Seller.
Buyer's Initials
Seller's Initials
Page 3 of 10
Coumar>f .)posalto Purchase and Sate Agreement 06/30/08
If the Property has been winterized and Buyer wishes to de-winterize the Property for the purposes of Buyer's inspections, Buyer must
notify the listing agent identified below ("Listing Agent"), Only the Listing Agent may arrange for such de-winterization, which will
be cI,lnducted at Buyer's sole cost. Under no circumstance shall Buyer de-winterize the Property,
Buyer's Initials
Buyer shall indemnify and fully protect, defend, and hold Seller, and its successors, assigns, affiliates, directors, officers, employees,
owners, agents, and representatives, hannless from and against any and all claims, liens, loss, damages, and costs and expenses of every
kind and nature (including, but not limited, to attorneys' fees and court costs) that may be sustained by or made against Seller or its
successors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives, or any damage to the Property or to
any adjoining property, or any injury to Buyer or any other persons that may result or arise out of inspections made by Buyer or its
agent~~ prior to Closing.
8. Hazardous Substances. Buyer assumes all risk of loss, damage, or injury that may arise as a result of or that in any way may be
connet.;ted with the presence in, on, or about the Property of radon gas, asbestos, mold, or any other toxic or hazardous substance, as
defined by Applicable Law and commonly understood (collectively, "Hazardous Substances"). Buyer, on behalf of Buyer and Buyer's
SUcc{;sc;ors and assigns, fulIy and forever releases, indemnifies, and discharges Seller and its affiliates and their respective successors,
ass i gr. '. , directors, officers, employees, owners, agents, contractors, and representatives (collectively, "Seller Indemnified Parties"), and
holde; Seller Indemnified Parties harmless from and against any and all claims, damages, liabilities, losses, demands, private or
govelllmental causes of action, expenses, or costs (including without limitation court costs, attorneys' fees, costs of governmental
investigation, or costs of environmental remediation), Buyer or Buyer's successors and assigns may suffer or incur as a result of the
pre~'ep(,e of Hazardous Substances in, on, or about the Property, whether now or hereafter known. This provision shalI survive delivery
oftht Deed and the Closing Date.
9. Hhk of Loss. Prior to Closing, Seller shall maintain the Property in materially the same condition as of the date of Seller's
execution of this Counterproposal, except for ordinary wear and tear. If prior to Closing the Property is damaged, Seller may make
repa:rs to restore the Property to the same condition as of the date of Seller's execution of this Counterproposal. If Seller, in its sole
discretion, elects not to repair the Property, Buyer may: (a) accept the Property in its damaged condition; (b) re-negotiate the Purchase
Price; or (c) terminate the Contract and this Counterproposal, in which case the Earnest Money will be returned to Buyer as Buyer's
sole ar.d exclusive remedy.
UNDER NO CIRCUMSTANCES SHALL ANY INSURANCE PROCEEDS PAID TO SELLER WITH REGARD TO ANY
DAMAGE TO THE PROPERTY THAT OCCURS PRIOR TO CLOSING BE ASSIGNEDOR PAYABLE TO BUYER.
Upon Closing, Seller shalI be relieved of all responsibility and liability for maintaining hazard or flood insurance on the Property, All
such ~insurance policies shall be terminated by Seller immediately upon Closing, and Buyer will be responsible for obtaining any such
insurance as well as any title insurance required by Buyer's lender prior to Closing.
10. Purchase Price (Initial applicable sections; non-applicable sections should be marked "N/A"),
EJ_ _ A. CASH: The Purchase Price will be paid in the form of cash Verification of funds required to close shall
be provided to Seller by Buyer upon delivery of a fully executed copy of this Counterproposal. If the Closing does not take place
(I;. the Closing Date due to Buyer's failure to provide cash at the Closing or due to any other related reasons, including, but not
bmited to, Buyer's decision to obtain lender financing, both Buyer and Seller agree that the Earnest Money shall be immediately
.'(~Ieased to Seller as liquidated damages as provided in paragraph 19 below.
~ N/A B. LENDER FINANCING: Buyer may obtain financing from the lender of Buyer's choice. Within
seventy-two (72) hours of execution of this Counterproposal by Buyer, Buyer will either apply for financing or provide evidence
~atifactory to Seller that a lender has pre-approved Buyer for financing, Proof oflender's unconditional commitment to lend must
Buyer's Initials
Seller's Initials
Page 4 of 10
Counterpn'posal to Purchase and Sale Agreement 06130/08
;'e provided to Seller with N/A days of execution of this Counterproposal. Except as otherwise provided in this
Counterproposal and to the extent not restricted due to financing insured by a governmental agency, Buyer shall pay for any and
:111 costs associated with the loan application process, including, but not limited, to any application fee, appraisal fee, and credit
/~port fee.
11. Survey and Other Costs. Buyer will be solely responsible for obtaining, at Buyer's expense, a survey acceptable to the title
company or closing agent and any lender. In the event Seller is required to provide extended survey coverage, as may be nonnal and
customary, Seller will not be required to do so if such a required survey has not been so obtained by Buyer.
i3uyer .;nall be responsible for paying all other costs and expenses (including, but limited to, the fees of Buyer's attorney) associated
with the Closing and not specifically required to be paid by Seller by this Counter Proposal.
t 2, Settlement/Closin!!, The Closing shall be conducted in the office of the Closing Agent or at a place designated and approved by
Seller. However, Buyer may choose to purchase title insurance from a different title insurance provider ("Buyer's title insurance
provider") at Buyer's sole expense, as provided in pargraph 15 below. Closing shall occur on or before the Closing Date and the
Buyer shall make every effort to meet this deadline, Should the Closing extend beyond the Closing Date through no fault of
Seller, Seller shall be entitled to a $ 150 fee for each day the Closing is so extended. Any agreement by Seller to
extend the Closing Date must be in writing, Notwithstanding the foregoing, if the Closing does not take place on the Closing
Date due to any failure of Buyer, Seller retains the right to terminate the Contract and this Counterproposal and pursue the
remedies contained in the Contract and this Counterproposal. The Transaction may not close in escrow without the prior written
consem of Seller,
13. Nr::!!ative Sale Proceeds. If unforeseen judgments, liens, assessments, HOA Assessments, or other such encumbrances result in
negati \ e sales proceeds to Seller, Seller reserves the right to tenninate the Contract and this Counterproposal and return the Earnest
Money to Buyer as Buyer's sole and exclusive remedy.
14. Prorations at Closin!!. All taxes; condominium, planned unit development, or similar community homeowners' association dues
'lnd aSStssments ("HOA assessements"); and Utilities charges shall be prorated to the Closing.
Tax prorations shall be based on one hundred percent (100%) of the last available tax bill or upon the local tax assessor's latest
valu?ticll of the Property and the current tax rate. Any special assessments that constitute a lien on the Property as of the Closing Date
and are payable in installments shall be prorated to the Closing Date and any installments due after the actual date of Closing shall be
paid by Buyer. In no event shall Seller be responsible for the payment of any unlevied assessment pending as of the actual date of
Closirig.
HOA assessments shall be based on the assessment rate in effect as of the actual date of Closing. Any special assessments levied and
payabk' in installments shall be prorated to the Closing Date and any installments due after the actual date of Closing shall be paid by
Buyer. In no event shall Seller be responsible for the payment of any unlevied assessment pending as of the actual date of Closing.
SELLER WILL NOT BE RESPONSIBLE FOR ANY ADJUSTMENT OF SETTLEMENT CHARGES, INCLUDING, BUT
NOT LIMITED TO, TAXES OR HOA ASSESSMENTS AFTER CLOSING,
15, Lender-Required ReDairs. Should any lender, insuring entity, or governmental agency require that certain repairs be made to
the Property or that certain other conditions be met, Seller, in its sole discretion, may comply with such requirements or tenninate the
Contr,.ct and this Counterproposal. Further, should any FHA Conditional Commitment or VA Certificate of Reasonable Value vary
from the Purchase Price, Seller, in its sole discretion, may tenninate the Contract and this Counterproposal. If Seller elects not to
tenninate the Contract and this Counterproposal pursuant to this paragraph, Seller's responsibility for any repairs required by Buyer
as a result of inspection by Buyer, by a lender,or as a condition set forth in an FHA Conditional Commitment or V A Certificate of
Reasonable Value shall not exceed $ 0 , inclusive oftennite repairs ("Repair Limit Amount"). and Buyer shall be solely
Buyer's Initials
Seller's Initials
Pag::::, of 10
Counl';r"roposal 10 Purchase and Sale Agreement 06/30/08
responsible for any amounts exceeding the Repair Limit Amount without any reduction in the Purchase Price. If Seller elects to
terminate the Contract and this Counterproposal, Seller will return the Earnest Money to Buyer as Buyer's sole and exclusive remedy
Buyer's Initials
16. [andition and Conveyance of Title. SeHer shall deliver insurable title and pay for Buyer's owner's policy of title insurance
from the title insurance provider chosen by Seller and indicated below. However, Buyer may choose to purchase title insurance
from Ruyer's title insurance provider, indicated below, at Buyer's sole expense, In the event Buyer chooses to obtain an owner's
policy and/or title exam from the title insurance provider of Buyer's choice, Buyer shaH order the same within three (3) days of SeHer's
execution of this Counterproposal; if Buyer fails to do so, aH objections to title shaH be deemed waived Seller shaH not be
resp0nsible for any "gap" title insurance coverage and wiH not in any event provide an affidavit of title or other similar documents in
which Seller is requested to make representations or warranties with respect to title to the Property.
If Seller is unable to provide insurable title, convey the Property, or to deliver possession of the Property as provided in the Contract
and this Counterproposal, or if at the time of the delivery of the Deed does not conform with the provisions of the Contract and this
COIJPh:rproposal, Seller shaH bear any nominal expense and use reasonable efforts to remove any defects in title or to conveyor deliver
the Pmperty as so provided, but is under no obligation to use extraordinary measures or to bring any actions or proceedings in order to
do so. If Seller is unable to so remove any defects in title or to conveyor deliver the Property as so provided within ten (10) days after
Closing, (a) the Contract and this Counterproposal shall terminate and SeHer will return the Earnest Money to Buyer as Buyer's sole
and exclusive remedy, or (b) Buyer may, by written notice on or before the Closing, waive any objections to SeHer's inability to so
remove any defects in title or to conveyor deliver the Property as so provided. For purposes of this paragraph Seller shall be
deemed to be able to convey insurable title to Buyer if a reputable title insurance company will underwrite a title insurance
policy insuring that title to the Property will vest in Buyer as of the Closing.
___ Seller Buyer to provide title insurance
Seller's title insurance provider:
Phone:
Fax
Buyer's title insurance provider:
Phone:
Fax
Buyer's Initials
17, OccuDancv of the ProDertv. Under no circumstances will Buyer be allowed to occupy the Property prior to Closing. In the
event Buyer violates this prohibition, SeHer wiH avail itself of aHlegal remedies. In the event Buyer alters or occupies, or permits any
othe~ person to alter or occupy, the Property prior to Closing, Buyer shaH be in material default under the Contract and this
Coun':~rproposal, in which case Buyer shaH forfeit the Earnest Money and any rights to the Property, however altered. Any access to
the i'roperty prior to Closing is prohibited unless accompanied by SeHer or Seller's agent or unless otherwise agreed to in writing by
St:ller.
18, ]'axes.
A. Seller's Right to Contest Taxes. Seller shall have the unrestricted right to contest the amount of or obligation to pay any
ad valorem real or personal property taxes, real or personal property assessments, or HOA Assessements (collectively,
"Contested Taxes"), for any period for which any Contested Taxes are assessed or levied (a "Tax Period") that includes or
precedes the actual date of the Closing (the "Closing Tax Period"). Seller may contest the Contested Taxes by any judicial,
administrative, or other process that Seller chooses in its sole discretion. If requested by Seller, Buyer shall join in any
proceeding to contest the Contested Taxes to the extent necessary to permit Seller to exercise its rights under the Contract
and this Counterproposal. Seller shaH have no duty to contest the Contested Taxes and may dismiss, settle, or otherwise
resolve any matter relating to Contested Taxes in whatever manner or under any terms Seller elects in it sole discretion.
Buyer's Initials
Seller's Initials
Page 6 of 10
COW1'~lp"'posalto Purchase and Sale Agreement 06/30108
B. Entitlement to Refund, Any refund of Contested Taxes for the Closing Tax Period or any prior Tax Period shall be paid
to Seller, and Buyer hereby irrevocably assigns to Seller any right, title or interest it may have in any refund of Contested
Taxes for all such Tax Periods. If requested by Seller, Buyer shall execute whatever endorsements or other documents that
may be necessary to accomplish the refund of such Contested Taxes to Seller. Provided, however, notwithstanding anything
in the Contract or this Counterprosal to the contrary, Seller shall not be entitled to any refund of Contested Taxes that is
attributable solely to any change in land usage or ownership of the Property occurring on or after Closing, all of which shalI
be paid by Buyer.
19, P.Jill!!!.!!:. In the event Buyer defaults in the performance of the Contract or this Counterproposal, the Earnest Money shalI
be paid to Seller as liquidated damages for, among other things, the additional cost of carrying the Property and lost
mar~eting time, both of which Buyer and Seller acknowledge and agree are difficult to calculate. Said liquidated damages shall
not be construed or deemed to constitute a penalty and the right given to Seller to retain the Earnest Money shall not constitute Seller's
sole and exclusive remedy. In the event item A in paragraph 10 above is initialed, Seller is materially relying upon the representation
in said paragraph lOA above to the effect that Buyer wilI be purchasing the Property as an all-cash transaction without third party
financing. Buyer subsequent election to purchase the Property with third-party financing rather than on an alI-cash basis as indicated
aboV': shalI constitute a material default under this paragraph
IN rHE EVENT SELLER DEFAULTS IN THE PERFORMANCE OF THE CONTRACT AND THIS
COIJNTERPROPOSAL, BUYER SHALL BE ENTITLED TO A RETURN OF THE EARNEST MONEY AS BUYER'S
SOLE AND EXCLUSIVE REMEDY.
Buyer's Initials
20. Installation of New Locks and Transfer of Utilities, Buyer shall be responsible for the instalIation of new locks and the transfer
')f all Utilities on the Property immediately after the Closing, and Buyer shalI hold harmless and indemnify Seller and its successors,
a:;signs, affiliates, directors, officers, employees, owners, agents, and representatives from and against any and alI damages, claims,
liens, lvsses liabilities, costs, injuries, attorney fees and expenses of every kind and nature that may be made against SelIer and its
succe~sors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives as a result of Buyer's failure to install
new Jc.cks or transfer all Utilities on the Property. Buyer wilI have alI Utilities and homeowners' services, as welI as any HOA
Assessements, transferred into Buyer's name no later than the first (l st) business day folIowing Closing. Buyer also will be responsible
for pfAyment of any Utilities charges or HOA Assessments incurred after Closing and for ensuring that any Utilities or homeowners'
service, including HOA Assessements, in the name of SelIer or the Listing Broker indicated below is transferred entirely into Buyer's
name,
Witness
SEE SUBSTITUTE EXECUTION PAGE
Selling Broker
Date
Acknowledge:
Buy~r
Date
Listing Broker
Date
21. '\ssil!nabilitv. Buyer may not assign or transfer the Contract or this Counterproposal without Seller's written approval. SelIer may
~sign or transfer the Contract and this Counterproposal without Buyer's approval
22, Pltrformance. The acceptance of the Deed by Buyer shall be deemed to be a full performance by Seller under the Contract
and this Counterproposal.
Buyer's Initials
Buyer's Initials
Seller's Initials
Page 7 of 10
COlUltemroposal to Purchase and Sale Agreement 06130/08
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 4111Sth Avenue NE
Folio Number: 37745880008
SUBSTITUTE EXECUTION PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:"""':
.,.. 1
DAT"'bO~OL?,'Utf\
/'! ~;'.;; ,"I' ' , ','~,4
A TrEST:. " :~
~p
. t....t... Oft,.
BOARD OF C NTV COMMISSIONERS
COLLIER C TV, FLORIDAj _
BY: ~ c:::r~
Donna Fiala, Chairman
Approved as to form and
legal sufficiency:
~~ "D ~
Jenni er B. White
Assistant County Attorney
23. ,Real Estate Broker Commissions. The total commission payable by Seller pursuant to the Transaction shall be L-% of the
gross Purchase Price. The closing agent is authorized and directed to pay said commission from the sale proceeds at Closing as per the
terms of the Commission Breakdown Form to be provided by Seller. No real estate broker commissions shall be paid unless the
Closing occurs and title to the Property passes to Buyer.
.&.Additional Provisions, Buyer and Seller approve and accept this Counterproposal and acknowledge and agree that this
COllnterproposal is a legally binding agreement and is made part of the Contract in like manner as if it were directly set forth therein.
All other terms and conditions of the proposed Contract shall remain the same. The terms of the Contract and this Counterproposal
shall survive the Closing.
25. Attachments, Any attachement or addendum to this Counterproposal hereby is incorporated into this Counterproposal for all
purpOf>es by this reference. Attachment: Lead Based Paint Disclosure Addendum.
26. This counterproposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the
offering party to this document received notice of such acceptance on or before 10/10/09
SEE ATTACHED SUBSTITUTE EXECUTION PAGE
BUYER
Date: .
SELLER
Date:
BUYER
Date:
Buyer's Initials
Seller's Initials
Page 8 of 10
Counterproposal to Purchase and Sale Agreement 06/30/08
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 411 18th Avenue NE
Folio Number: 37745880008
SUBSTITUTE EXECUTION PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED:.
..,
'-.
BOARD OF CO NTY COMMISSIONERS
COLLIER C ,FLORIDA/_
~ c::::r~
la, Chairman
Approved as to form and
legal sufficiency:
))D'\0~
Jennifer B. White
Assistant County Attorney
LEAD -BASED PAINT DISCLOSURE
ADDENDUM
Lead Warnine: Statement
"Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 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 presents a risk to pregnant women. The seller of any
interest in residential real property is required to provide Buyer with any information on lead-based paint hazards from risk
assessments or inspections in the seller's possession and notifY the buyer of any known lead-based paint hazards. A risk assessment or
insp~ction for possible lead-based paint hazards is recommended prior to purchase,"
Seller's Disclosure to Buver
Seller acknowledges that Seller has been informed of Seller's obligation. Seller is aware that Federal laws require Seller to permit
Buyer a ten (10) calendar day period to conduct risk assessment or inspection for the presence of lead-based paint hazards before
becoming obligated under a contract to purchase target housing (unless mutually agreed otherwise in writing). That opportunity will be
providtd within the ten (10) calendar day period immediately following Seller's final execution of the Contract and this
Coum~rproposa1. Seller is aware that Seller must retain a copy of this disclosure for not less than three years from the Closing.
__ __A. Presence of lead-based paint and/or lead-based paint hazards (check one box below):
D Seller has no knowledge of any lead-based paint and/or lead-based paint hazards present in the Property.
D Seller has knowledge of lead-based paint and/or lead-based paint hazards present in the Property (explain)
N/A
__B. Records and reports available to Seller (check one box below):
D Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the Property.
D Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based
paint hazards in the Property (list documents below):
N/A
Buver's Acknowlede:ment
C. Buyer has read the Lead Warning Statement above and understands its contents.
D. Buyer has received copies of all intormation, including any records and reports listed by Seller above.
E, Buyer has received the pamphlet "Protect Your Family From Lead in Your Home,"
_._F, Buyer acknowledges federal law requires that before a buyer is obligated under any contract to buy and sell real
estate, Seller shall permit Buyer a ten (10) calendar day period (unless the parties mutually agree, in writing, upon a
different period of time) to conduct a risk assessment or inspection tor the presence of lead-based paint and/or lead-
based paint hazards.
_ __G. Buyer, after having reviewed the contents of this Addendum, and any records and reports listed by Seller, has elected
to (check one box below):
o Obtain a risk assessment or an inspection of the Property for the presence oflead-based paint and/or lead-based
paint hazards, within the time limit and under the terms of the Contract and this Counterproposal, or
LY- J Waive the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or
lead-based paint hazards.
Buyer's Initials
Seller's Initials
Page 9 of 10
Count'.'IJrn~osa) to Purchase and Sale Agreement 06/30/08
Real Estate Licensee's Acknowlede:ment
Each real estate licensee signing below acknowledges receipt of the above Seller's Disclosure to Buyer, has infonned Seller of Seller's
Obltgf.tions, and is aware of licensee's responsibility to ensure compliance,
Certification of Accuracv
I certl')' that the statement I have made are accurate to the best of my knowledge.
SELLER
Date
BUYER
SEE ATTACHED SUBSTITUTE EXECUTION PAGE
Date
Buyer's (Selling) Agent
Date
Seller's (Listing) Agent
Date
Buyer's Initials
Page ~o of 10
Counter,1foposalto Purchase and Sale Agreement 06/30/08
Seller's Initials
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 411 18th Avenue NE
Folio Number: 37745880008
SUBSTITUTE EXECUTION PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DA TEO:
ATlE$T:, -:;
DWlqHT E. B~C~, Clerk
BOARD OF CO NTY COMMISSIONERS
COLLIER C 2:0Rd
la, Chairman
. te a.e
.,,,,,,,, ...'
Approved as to form and
legal sufficiency:
~13n~-
Jennifer B. White
Assistant County Attorney
Nf.:IGHBORHOOD STABILIZATION PROGRAM
(Jroperty Address: 411 18th Avenue NE
~-olio Number: 37745880008
ADDENDUM TO "AS IS" CONTRACT FOR SALE AND PURCHASE
AND COUNTER PROPOSAL TO PURCHASE AND SALE AGREEMENT BETWEEN THE
UNDERSIGNED PARTIES CONCERNING THE PROPERTY AT 4111Sth AVENUE NE,
NAPLES, FL 34120
THIS ADDENDUM is entered into by and between DEUTSCHE BANK NATIONAL TRUST COMPANY
AS TRUSTEE FOR MORGAN CHASE STANLEY ABS CAPITAL I, INC., TRUST 2007-HE7, Seller, and
COLLIER COUNTY, a Political Subdivision of the State of Florida, Buyer. Buyer and Seller have entered into
that certain "As Is" Contract for Sale and Purchase, and Counter Proposal to Purchase and Sale Agreement
~etween the undersigned parties concerning the property at 411 18th Avenue NE, Naples, FL 34120 (hereinafter
:eferred to as "Property") attached thereto, all dated of even date herewith, and Buyer and Seller wish to amend
the foregoing with the following additional terms and conditions:
1. The "As Is" Contract for Sale and Purchase, the Counter Proposal to Purchase and Sale Agreement
nnd this Addendum to the "As Is" Contract for Sale and Purchase and the Counter Proposal to Purchase and
,:,ale Agreement shall, collectively, constitute the "Agreement" between the parties, which Agreement between
the undersigned parties concerning the property at 411 18th Avenue NE, Naples, FL 34120, shall only be
effective upon the execution of all three referenced documents by both parties.
2. The first Paragraph of the Counter Proposal to Purchase and Sale Agreement is revised to reflect
that the Agreement is dated of even date herewith between Deutsche Bank National Trust Company, as Trustee
~"')r Morgan Chase Stanley ABS Capital I, Inc., Trust 2007-HE7 ("Seller") and Collier County, a Political
~ubdivision of the State of Florida ("Buyer"), and any requirements for initials are waived.
3. The purchase price shall be $109,250,00 as stated on the attached "As Is" Contract, and on the
Counter Proposal to Purchase and Sale Agreement.
4. The earnest money deposit shall be $5,000.00 as stated on the attached "As Is" Contract and on
Counter Proposal to Purchase and Sale Agreement, and the Agreement is revised to reflect that the Earnest
Money Deposit will be made within fifteen (15) days following Buyer's receipt of the fully executed Agreement
rackage by wire transfer.
5. The bolded provision in the PRICE section on Page 1 of the Counter Proposal to Purchase and Sale
P,greement that reads: "N01WITHSTANDING CUSTOMARY PRACTICES OR ANY PROVISION OF THE
GONTRACT TO THE CONTRARY, UNLESS OTHERWISE PROVIDED IN THIS COUNTERPROPOSAL OR
;-{EQUIRED BY APLLlCABLE LAW, THE EARNEST MONEY SHALL BE NON-REFUNDABLE" is deleted in its
':ntirety, and any requirements for initials are waived.
6. The closing date on Page 1 of the Counter Proposal to Purchase and Sale Agreement shall be
November 24, 2009 as accepted by both parties and as stated on the attached "As Is" Contract, and any
mquirements for initials are waived.
7. The SELLER CONCESSIONS section on Page 1 of the Counter Proposal to Purchase and Sale
f"lgreement is not applicable and is deleted in its entirety, and any requirements for initials are waived.
8. ANY REQUIREMENTS FOR INITIALS at the bottom of Page 1 through and including Page 1 0 of the
':;ountc: :>roposal to Purchase and Sale Agreement are waived in their entirety.
9. Paragraph 1 of Counter Proposal to Purchase and Sale Agreement is revised to reflect that a Special
':lIarranty Deed shall be the only acceptable method of transfer and conveyance, and any requirement for initials
a e waived.
:.~EIGHBORHOOD 5T ABILlZA TION PROGRAM
Property Address: 411 18th Avenue NE
Folio Number: 37745880008
10. Paragraph 3 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
"r!quirements for initials are waived.
11. Paragraph 4 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
requirements for initials are waived.
12. Paragraph 5 of the Counter Proposal to Purchase and Sale Agreement is revised to include that
Seller warrants that the property is vacant.
13. Paragraph 6 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
rt3quirements for initials are waived.
14. Paragraph 7 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
requirements for initials are waived.
15. Paragraph 10 (A) of the Counter Proposal to Purchase and Sale Agreement is revised to reflect that
this is a Cash purchase, and any requirements for initials are waived.
16. Paragraph 10 (B) of the Counter Proposal to Purchase and Sale Agreement is not applicable, and
any requirements for initials are waived.
17. Paragraph 11 of the Counter Proposal to Purchase and Sale Agreement is revised to reflect that
Seller shall be responsible for payment of Documentary Stamp Taxes pursuant to Section 201.10, Florida
S~atutes, together with costs for recording any documents necessary to establish clear title to the property.
18. Paragraph 12 of the Counter Proposal to Purchase and Sale Agreement is revised to reflect that
$0.00 per diem fee shall be payable for each day the Closing is so extended, and any requirements for initials
are waived.
19. Paragraph 15 of the Counter Proposal to Purchase and Sale Agreement is not applicable and is
deleted in its entirety, and any requirements for initials are waived.
20. The provisions of Paragraph 16 of the Counter Proposal to Purchase and Sale Agreement requiring
that Seller's and Buyer's title insurance provider's information be provided is deleted, and any requirements for
ii11tials are waived.
21. Paragraph 18 of the Counter Proposal to Purchase and Sale Agreement is deleted in its entirety,
and any requirements for initials are waived.
22. Paragraph 19 of the Counter Proposal to Purchase and Sale Agreement is deleted in its entirety,
~:ld any requirements for initials are waived.
23. Paragraph 20 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
requirements for Buyer's signature, witnesses, acknowledgement by Brokers, and initials are waived.
24. Paragraph 21 of the Counter Proposal to Purchase and Sale Agreement is revised to include that
Seller may not assign or transfer the Contract without Buyer's approval.
25. Paragraph 22 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
r€"quirements for initials are waived.
~iEIGHBORHOOD STABILIZATION PROGRAM
troperty Address: 411 18th Avenue NE
~olio Number: 37745880008
26. Paragraph 26 of the Counter Proposal to Purchase and Sale Agreement is deleted in its entirety,
and any requirements for initials are waived.
27, The notation "See Substitute Execution Page" on Page 8 of the Counter Proposal to Purchase and
Sale Agreement is acceptable, and any requirements for initials are waived.
28. Buyer's acknowledgement in the Lead-Based Paint Disclosure Addendum is revised to reflect that
8uyer waives the Lead-Based Paint inspection period, and all requirements for initials are waived.
29. The notation "See Substitute Execution Page" on Page 10 at the end of the Lead-Based Paint
[Iisclosure Addendum of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
r~quirements for initials or signatures by Seller's or Buyer's agents are waived.
i::XCEPT as expressly provided herein, the Agreement between the Purchaser and the Seller remains in full
brce and effect according to the terms and conditions contained therein, and said terms and conditions are
applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the Purchaser and Seller have hereto executed this Addendum.
rJ3te property acquisition approved by BCC:
~""arch ~4~2.00.9' Iter," 1~F. .
OATED. ' .
. ' . . '. .
p. TTEST:' . .
\ IGI-l1," E. BROCK, OJerl< ;',
,<j.'
PURCHASER:
BOARD OF CO TY COMMI:2SIO ERS
COLLIER C Y, FLORIDA
BY: ~ ~
Donna Fia a, Chairman
A~'proved as to form and legal sufficiency:
_. ~~-U~
J.f.nnifer B. hite, Assistant County Attorney
DATED:
SELLER:
Deutsche Bank National Trust Company, as Trustee
for Morgan Chase Stanley ABS Capital I, Inc., Trust
2007-HE7
BY:
PRINT NAME:
TITLE:
MEMORANDUM
Date:
October 13,2009
To:
Toni Mott, Manager of Property Acquisition
Real Estate Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract & Addenda
411 18th Avenue NE, 34120
Enclosed please find one (1) original document, as referenced above
(Agenda Item #10F), which was approved by the Board of County
Commissioners on Tuesday, March 24, 2009.
If you should have any questions, please contact me at 252-7240.
Thank you
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 Oftke The completed routing slip and original
documents are to be forwarded to the Board Office only after thc Board has taken action on thc itcm.)
ROUTING SLIP
Complete routing lines #] 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 # I throu h #4, com !ete the checklist, and forward to Sue Filson (line #5).
R9ute to Addressee(s) Office Initials Date
(I)st in routin order)
1.
2,
3.
4.
Board of County Commissioners
! I
l~/f3 f OJ
5. Ian Mitchell, BCC Office
Supervisor
6. Minutes and Records
Clerk of Court's Office
(The primary contact is the holder of the original document pendmg BCC approval. Normally the primary contact is the person who created/prepared the executive
sUll'mary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC 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
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
Number of Original
Documents Attached
Yes
(Initial)
N/A (Not
A licable)
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 signedlinitialed 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 revisions have been initialed by the County Attorney's
Office and all other parties exee 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 a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature 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 BCe's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC 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 Iicable.
L Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.0304, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
,.,
3.
4.
5.
6.