Contract for Sale & Purchase #3
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 following 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 J. DESCRIPTION:
6' (a) Leaal descriotion of the Real Prooertv IOr:8tArl 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
8' (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 fan(s), light fixture(s), and window treatment(s) unless
10 specifically excluded, below. .
11* Other items included are: Notapplfcable
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13* Items of Personal Property (and leased items, if any) excluded are: Not applicable
14*
$ $109,250.00
$5,000.00
15* fl. PURCHASE PRICE (U.S, currency): . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . , . . . . . , , . .
16 PAYMENT:
17* (a) Deposn held in escrow by BECKER & POLlAKOFF. PA f'Escrow Agentj in the amount of (checks subiect to clearance) $
18' Escrow Agent's address: 311 STIRLING RD FT. LAUDERDALE, FL 33312 'phone:_ 954-985-5041
19* (h) Additional escrow deposit to be made to Escrow Agent within --DiJL' days after Effective Date in the amount 0(. . , . . . . . , "
20* (c) Rnancing in the amount of ("Loan Amount") see Paragraph N below. . . . . . . , . . . . , . ' . , . . . , , , . . , , . , , . . . . . . . , ' . . . .
21 * (d) Other. , . . . . . . . . . . . , . , , . . , . . , , , . , . . ' . , , . , . . . . . , . . . . . , . , . . . , . . , . . , . . . . ' . , . . . . , . . ' . . . . . . , ,', . , , . . , ' ,
22 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject $104,250.00
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 days from counteroffer . the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. Unless other-
27 wise stated, the time for acceptance of any counteroffers shall be 2 days from the date the counteroffer is delivered.
28 (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or initialed this offer or the
29 final counteroffer. If such date is not otherwise set forth in this Contract, then the "Effective Date. shall be the date determined above for
30 acceptance of this offer or if applicable the final counteroffer. "DEPOSIT DUE WITHIN FIFTEEN (15) DAYS OF EFFECTIVE
31 V. FINANCING' " DATE. COUNTEROFFERS INCLUDE ANY ADDENDA SUBMITTED
I .. ' AFTER EITHER PARTY SIGNS.
32* .181 (a) This is a cash transaction with no contingencies for financing;
33* 0 (b) This COf1tract is cOf1tingent on Buyer obtaining written loan commitment which confirms underwriting loan approval for a loan to purchase
34* the Property ("Loan Approval1 within _ days Of blank, then 30 days) after Elfective 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 will make application within _ days (If blank, then 5 days) atler Effective Date.
37 BUYER: Buyer shall use reasonable diligence to: obtain Loan Approval; notify Seller in writing at receipt at Loan Approval by loan Approval
38 Date; satisfy terms of the Loan Approval; and close the loan. Loan Approval which requires a condition related to the sale of other property shall
39 not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan expenses. Buyer authorizes the mortgage broker(s) and
40 lender(s) tod/sclose information regarding the conditions, status, and progress of loan application and Loan Approval to Seller, Seller's attorney,
41 real estate Iioensee(s), and Closing Agent.
42 SELLER: If Buyer does not deliver to Seller written notice of Loan Approval by Loan Approval Date, Seller may thereafter cancel this Contract by
43 delivering written notice (.Seller's Cancellatioll Notice") to Bll)'er, but not laler than seven (7) days prior to Closing. Sener's Cancenation Notice shaft
44 notify Buyer that Buyer has three (3) days to defiver to SeDer written notice waiving this Financing 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 deposlt(s) shall be returned to Bll)'er. If Buyer obtains Loan
47 Approval or waives this Financing contingency, and thereatler the Contract does not close, then the deposit(s) shall be paid 10 Seller; provided how-
48 ever, if the fa~ure 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 QO 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 Oosing a title insurance commitment with legible copies of instruments listed as
54 exceptions attached thereto ("Title Commitment'? and, after Closing, an owner's policy of title insurance (see Standard A for lerms) shall be obtained by:
55* (CHECK ONLY ONE): a (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or
56* (2) Buyer at Buyer's expense.
;7* (CHECK HERE): ::J 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 closed and the closing documents defrvered on DECEMBER 18. 2009 _ ("Closing'), unless
,9 modified by other provisions of this Contract. In the event of extreme weather or other conditions or events constituting "force majeure", Closing vvill be
o extended a reasonable time unlff: (i) restoration of utilities and other services essential to 'Closing, and QQ availability of Hazard, Wind, Flood, or Homeowners'
l' insurance. tf such conditions continue more than ~ days (If blank, then 14 days) beyond Closing Date. then either party may cancel this Contract.
$
$
$
N/A
Ft\81BAR ASIS-2 Rev 9/0Z."~.~JsL2,OOZ Elnrirl'l A~<:;r.ri:<'ir"'ln rd Pt.:"'f l,'-"pc-If'. ")(/''"'' Thn"rh,~~""-_,,.,.... -'.
62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller sh811 convey m8rketable title subject to: comprehensive 12nd use plans, zoning,
63 restrictions, prohibitions and other requirements imposed by governmental authority; restrictions 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 proper1y 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 mor1gages 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 HANDWRITfEN 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; [) may
76* assign but not be released from liability under this Contract; or iii 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: I!I by Seller at closing 0 by Buyer (if left blank, then Seller at Closing). If the amount of any
81 assessment to be paid by Seller has not been finally determined as of Closing, Seller shall be charged at Closing an amount equal to the
82 last estimate or assessment for the improvement by the public body. ,
83 (b) Radon ;s a naturally occurring radioaclive 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 infonmation regardfng radon or radon testing may be obtained from your County Public Health unit.
86 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information
87 regarding mold, Buyer should contact an appropriate professional.
88 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, F.S.
89 (e) If the Real Property includes pre-1 978 residential housing, then a lead-based paint rider ;s mandatory.
90 m 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 TlON/COMMUNITY DISCLOSURE.
93 (h) PROPERTY TAX DISCLOSURE SUMv1ARY: BUYER SHOULD NOT RBY ON THE SELLER'S CURRENT PROPERTY TAXES AS TI-/E AMOUNT
94 OF PROPERTY TAXES THA.T TI-/E BUYER t\.1AY BE OBLIGATED TO PAY IN THE 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 MN OUESTlONS CONCERNING VALUATlON, CONTACT mE COUNTY PROPERTY APPRAISER'S OFRCE FOR INFORt\.1AllON.
97 XII. MAXIMUM REPAIR COSTS: DELETED
98* XIII. HOME WARRANTY: Q Seller 0 Buyer ~ 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 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 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 ANO are attached to and made part of this Contract:
112* 0 CONDOMINIUM 0 VNFHA 0 HOMEOWNERS' ASSN. fA LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE
113* 0 INSULATION 0 EVIDENCE OF TlTLE (SOUTH FLORIDA CONTRACTS) 0 Other Comprehensive Rider Provisions 0 Addenda
114* Special Clause(s): SELLER AGREES TO EXECUTE BUYER'S FORMS GAP AFFIDAVIT, PUBLIC DISCLOSURE
115* AFFIDAVIT, SPECIAL WARRANTY DEED AND SUBSTITUTE W-9. SELLER WILL DELIVER THE COMPLETED AND
116* SIGNED W-9 TO BUYER SIMULTANEOUSLY WITH THE SIGNED CONTRACT.
117*
118* SELLER WARRANTS PROPERTY IS VACANT AND SHALL REMAIN so THROUGH CLOSING TO COMPL Y WITH THE REQUIREMENTS OF THE
119* NEIGHBORHOOD STA81L1ZA TION PROGRAM.
120*
121 * STANDARDS B, F AND Y ARE DELETED. DUE TO BUYER BEING A COUNTY GOVERNMENTAL ENTITY WITH SPECIFIC GUIDELINES AND
122* PROCEDURES, SELLER ACKNOWLEDGES THAT STANDARD S IS HEREBY DELETED.
123* STANDARDS D AND N ARE DELETED.
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126 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt of a copy
127 of "AS IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract,
FAR/BAR ASIS-2 Rev, 9/07 @ 2007 FlOrida Association of R~ALlORS~ and The Florida Bar All Ri\lhts Rese,ryed Paqe 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 APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS' AND THE FLORIDA BAR,
131 Approval does not constilute 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 INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED.
135" USEE SIGNATURE BLOCK BELOW
136 (B~ D~
137*
138 (BUYER) (DATE)
139* Buyers' address for purposes of notice Real Property Manaqe
140' 3301 Tamiami Trail East, Brdq. 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
BARTLEY REAL TV
Listing Broker
Date Property acquisition approved by BCC:
March 24,20019 Item 19F
DATI;:D: /0. H / CJ.-ct)1
' f","\'~f'ri ''''f"'
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BUYER:
'v
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'A l'"f.ES1: - :._,
DWIGMTEt,8J~bCK
I.'; . I .}-
,~.; ~,
BOARD~UNTY COM~~S~ONSRS
COLLIE ~R'~~
BY:
Donna Fiala, Chairman
."
.... .....
.t......,~lI~~~~' ,
Approved as to form and
legal sufficiency:
\y\S -(J ~
~ County Attorney
PROPERTY ADDRESS:
41118th AVENUE NE
NAPLES, FL 34120
rl'.nJn^M ^l"'IC" ""l n_ (1/",:2,,,_ __!is'L0.n.!"'I"? r""!"",~'.d...,., .(j~_B . .' In .t'L.)~' ~ ': r~"
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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-
170 fied by a registered Florida surveyor. If the sUNey discloses encroachments on the Real Property or that improvements located thereon encroach on setback
1 71 lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a litle defect.
172 D. WOOD DESTROYING ORGANISMS: DELETED
173 E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the ReaJ Property sufficient for its intended use as described
174 in Paraqraph VII hereof and title to the Real Prooertv is inslJri'lhlA in accordance with "AS IS. Sti'lorlRrrl 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 Title Commitmenl shall be issued by a Florida licensed 'ille insurer agreeing to issue Buyer, upon recording of the deed 10 Buyer.
an owner's policy of title insurance In the amount of the purchase price, insuring BLfler's marketable title 10 the Real Property, subject only to mailers contained
in Paragraph VIl and Ihose to be discharged by Seller at or before Closing, Marketable title Shall be del ermined according 10 applicable Title Slandards adopt-
ed by authority or The Florida Bar and In accordance wilh law, Buyer shall have 5 days from dale of receIving the Title Commitment to examine ii, and If lille is
found defective. nOlify Seller In wriling specl~"ng defect(s) which render Iltle unrnarketable, Seller shall have 30 days from receipt of nolice to remove the
defecls. failing which Buyer shall, Within 5 days after expiration of the 30 day penod. deliver written notice 10 Seller either: (1) extending the lime for a reason-
able period not to exceed 120 days within which Seller shall use diligent effort to remove Ihe defects: or (2) requesting a refund of deposlt(s) paid which shall
be returned to Buyer, If Buyer fails 10 so notify Seller, Buyer shall be deemed to Ilave accepted the tlfle as It then is, Seller shall, If title IS found unmarketable,
use diligent effort to correct defecl(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 deposil(s), thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller is to provide the Title
Commitment and il is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt
to examine same in accordance with this "AS IS. Standard,
B. PURCHASEMONEYMORTGAG~
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 provided for herein, of any financing statement,
claims of lien or potentiallienors 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 Seller's lien affidavit setting forth the names of all such gen-
eraJ contractors, subcontractors, suppliers and materialmen, further affirming thal 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
Agent1 designated by the party paying for title insurance,
I. TIME: CaJendar days shall be used in computing time periodS except periods of less than six (6) days, in which event Saturdays, Sunclays and state or nation-
allegal ho6days shaM be excluded. Ally time periods provided for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m, of the
next business day. Time is of the essence in this Contract
J. CLOSING DOCUMENTS: Seller shall furnish the deed, biU of sale, certificate or title, construction lien affidavit, owner's possession affidavit, assignments of leas-
es, tenant and mortgagee estoppel letters and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement and financing statements.
K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. All costs of Buyer's loan (whether obtained
from Seller or third partyj, including, but not limited to; documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed,
mortgagee tilte insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer.
Unless otherwise provided by law or rider to this Contract, charges for related closing seNices, title search, and closing fees (including preparation of closing
statement), sha' be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V.
L PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before Closing.
Buyer shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be
increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing. Advance
rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shaJl be prorated based on the current
year's tax with dLJe aJlowance made for maximum allowable discount, homestead and other exemptions. If Closing Occurs a1 a date when the current year's mill-
age is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If curren! year's assess-
ment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by JanLJary 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; faHing 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 shaft, at reqLJest 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 prLJning or removing damaged trees) does not exceed 1.5% of the Purchase Price, cost .of restoration shall be an obligation of Seller and
Closing shaW 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 erther take the Property as is, together with the 1.5% or receive a refund of deposrt(s)
thereby releasing Buyer and Seller from all further obligations under this Contracl. Seller's sole obligation with respect !o tree damage by casually or other natu-
ral occurrence sha' be the cost of pruning or removal.
P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds, If the li1le agent insures adverse matters pursuant to Section 627.7841,
FS" as amended, the escrow and closing procedure required by this -AS IS" Slandard shall be waived, Unless waived as set forlh above the following
FAR/BAR ASIS'2 Rev, 9/07 IQ 2007 Florida Assgciation of RCAuoHs" and The Florida Bar All Ri9Qr~ eP.~NVP.rJ _ PArl" 4 ()f 'i
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
closing procerjures shall apply, (1) all closing proceeds sholl be held In escrow by Ihe CIO%'ig Agent (or a penod 01 not more them 5 days atter ClOSing; (2)
If Seller's Iltle is rendered unmarketable, through no fault of Buyer. Buyer shall, vlllrlln the 5 day period. notify Seller In wnllng of the defecl and Seller shall
have 30 days from date of receipt of such noliflcalion to cure the defGcl; (3) If Seller fails to IIn1ely cure Ihe defecl, all depOSits ilnd closing funds shall, Upon
written demand by Buyer and within 5 days atter demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the Personal
Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) If Buyer fails 10 make timely demand
for refund, Buyer shall lake litle as is, waiving all rights againsl Seller as 10 any inlervening delect 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 equivalent is authorized and agrees by acceptance of them to deposit
them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this 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 10 its disbursement or until a judgment of a court of competent JUrisdiction shall
determine the rights of the panies. 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 SlIch party in such action. Upon notifying all parties concerned of such action, all/iability on the part of Agent
shall fully terminate, except to the extent of accounting for 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 Agent is made a party because of acting as Agent hereunder, or in
any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to
be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable
to any party or person for misdelivery to Buyer or Seller of items subject to the escrow, unless such misdelivery is due to willful breach of the provisions of this
Contract or gross negligence of Agent.
R. ATTORNEY'S FEES; COSTS: In any litigation, including breach. enforcement or interpretation, arising out or 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
1. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTtCE; COPIES: Neither this Contract nor any notice of it shall be recorded in any public records.
This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and
one gender shaY 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.
All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile or electronic (including "pdf") copy of this
Contract and any signatures hereon shall be considered for all purposes as an original.
U. CONVEYANCE: Seller shan convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or guardian's deed, as
appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at the
request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein.
y. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No mod-
ificetion to or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the parties intended to be bound by it.
W. SELLER DISCLOSURE: (1) There are no facts known to Seller'materially affecting the value of the Property which are not readily observable by Buyer or
which have not been disclosed to Buyer; (2) Seller extends and intends no warranty and makes no representation of any type, either express or implied,
as to the physical condition or history of the Property; (3) Seller has received no written or verbal notice from any governmental entity or agency as
to a currently uncorrected building, environmental or safety code violation; (4) Seller has no know/edge 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 1ear and Casualty Loss excepted. Seller shall, upon
reasonable notice, provide utilities service and access 10 the Property for appraisal and inspections, including a waik-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 BlIVer 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 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 cfaiming by, through, under or against the Buyer.
FAR/BAR ASIS,2 Rev, 9/07 ~ 2QSH Flonda Assoclalion 01 Ru'IIOHS" ilQr1 Thp. Flnnri' R", ~M p.phl< fl",~
P........n.c;; ,-.f E::::
MEMORANDUM
Date:
October 30, 2009
To:
Gary Bigelow, Property Acquisition Specialist
Facilities Management
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
NSP "As Is" Contract for Sale & Purchase
Property Address: 4111Sth Avenue NE, Naples
Attached is the original sales contract referenced above (Agenda Item #1 OF)
approved by the Board of County Commissioners on Tuesday, March 24, 2009.
The Minutes and Records Department will hold a copy of the contract in the
Board's Official Records.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachment (1)
< "-,---,,~~._-_._,~..ft""_..____""'_"_~"""'A""__"_'.....""___~_'__
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original
documents arc to be forwarded to the Board Office only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is atready complete with the
exee tion of the Chairman's si nature, draw a line throu h routin lines #1 throu #4, com tete the checklist, and forward to Sue Filson (line #5),
Rpute to Addressee(s) Office Initials Date
(~i,t in routin order)
(Th~ primary contact is the holder of the original document pending BCe approval Normally the primary contact is the person who created/prepared the executive
sUlT'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 offiee 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
1.
2.
3.
---
------
4.
5. Ian Mitchell, BCC Office
Su ervlsor
6. Minutes and Records
Board of County Commissioners
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Phone Number
6-f!zaJ
2tXl'1-k I
Agenda Item Number
Number of Original
Documents Attached
{!t/AJrb4c
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"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 ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be ar of our deadlines!
The document was approved by the BCe on 0 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
...,
3.
4.
5.
6.
Yes
(Initial)
N/A (Not
A licable)
qf7'
p/~
i Forms/ County Forms/ Bec Forms/ Originat Documents Routing Stip WWS Original 9,03,04, Revised] ,26,05, Revised 2,24,05, Revised 9, 18,09