As Is Contract for Sale and Purchase #2
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l' PARTIES: SAXON MORTGAGE SERVICES, INC, _~_________
2' and COLLIER COUNTY, a political subdivision of th~State?f Florida ("Buyer"),
hereby agree that Seller shJII sell Jnd Buyer shall buy the following described Real Property and Personal Property (colleclively "Property")
pursuant to the terms and condilions o( this Conlract for Sale and Purchase clnd any riders and addenda ("Contract"):
I. DESCRIPTION:
(a) Leoal description ot the Real Property located in COLLIER
GOLDEN GATE ESTATES, UNIT 60. PLAT BK 7. PG 62 COLLIER COUNTY. FLORIDA
(b) Street address, city, zip, of the Property 4325 16TH STREET NE NAPLES, FL 34120
(c) Personal Property includes existing rangers), relrigerator{s), dishwasher(s), ceiling fan(s), light fixture(s), and window treatment(s) unless
specifically excluded below. .
Other items included are: Not applicable
("Seller"),
County, Florida: SOUTH 180 FEET, TRACT 3
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Items of Personal Property (and leased items, if any) excluded are: Not applicable
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$112,100.00
$5,000.00
N/A
15* II. PURCHASE PRICE (U.S. currency): .. ...
16 PAYMENT: BECKER & POLlAKOFF P A
1 7* (a) Depos~ held in escrow by, . . . ("Escrow Agent") in the amount 01 (checks subiect to clearance)
18' Escrow Agent's address 3111 STIRLING ROAD FT. LAUDERDALE. FL 33312 Phone: 954-965-5041
19' (b) Additional escrow deposit to be made to Escrow Agent within .~. days after Effective Date in the amount 01. . .
20* (c) Financing in the amount of ("Loan Amount") see Paragraph IV below . . . . . . . . . .. .........
2 1 ' (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) It 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26* before 10 days from counteroffer , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn.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 01 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 1\1. FINANCING' " DATE. COUNTEROFFERS INCLUDE ANY ADDENDA SUBMITTED
. . AFTER EITHER PARTY SIGNS.
32* 18/ (a) This is a cash transaction with no contingencies for financing;
33* 0 (b) This Contract is contingent on Buyer obtaining written loan commitment which contirms underwriting loan approval lor a loan to purchase
34' the Property ("Loan Approval'? within _ days (if blank. then 30 days) after Effective Date ("Loan Approval Date'? for (CHECK ONLY
35* ONE): 0 a fixed; 0 an adjustable; or 0 a fixed or adjustable rate loan, in the Loan Amount (See Paragraph II.(c)) at an initial interest rate not to
36* exceed %, and for a term of _ years. Buyer win make application within _ days (if blank, then 5 days) after Effective Date.
37 BUYER: Buyer shall use reasonable diligence to: obtain Loan Approval; notify Seller in writing of receipt of loan Approval by loan Approval
38 Date; satisfy terms of the Loan Approval; and close the loan. Loan Approval which requires a condition related to the sale of other property shall
39 not be deemed Loan Approval for purpcses of this subparagraph. Buyer shall pay all 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 Seller. Seller's at1orney,
41 real estate licensee(s), and Closing Agent.
42 SELLER: If Buyer does not deliver to Seller written notice of Loan Approval by Loan Approval Date, Seller may thereafter cancel this Contract by
43 delivering written notice ("Seller's Cancellation Notice") to Buyer, but not later than seven (7) days prior to Closing. Seller's Cancellation Notice shall
44 notify Buyer that Buyer has three (3) days to defiver to SeUer written notice waiving this Financing contingency, or the Contract shall be cancened.
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 party ejects to cancel this Contract, the deposit(s) shall be returned to Buyer. If Buyer obtains Loan
47 Approval or waives this Financing contingency, and thereafter the Contract does not close, then the depcsit(s) shall be paid to Seller; provided how-
48 ever, if the fabe to close is due to: (i) Seller's failure or refusal to close or Seller otherwise fails to meet the terms of the Contract, or ~iJ Buyer's lender
49 fans to receive and approve an appraisal of the Property in an amount sufficient to meet the terms of the Loan Approval, then the depcsit(s) shall be
50 returned 10 Buyer.
51 * 0 (c) Assumption of existing mortgage (see rider for terms); or
52* 0 (d) Purchase money note and mortgage 10 Seller (see "As Is" Standards Band K and riders; addenda; or special clauses for terms).
53' V. TITLE EVIDENCE: At least _ days (il blank, then 5 days) before Closing a title insurance commitment with legible copies of instruments lisled as
54 exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of title insurance (see Standard A (or terms) shan be obtained by:
55* (CHECK ONLY ONE): I!l (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or
56* (2) Buyer at Buyer's expense.
5?" (CHECK HERE): :J If an abstract of title is to be furnished instead of title insurance, and attach rider lor terms.
58' VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on NOVEMBER 24, 2009 ("Closing"), unless
S9 modified by other provisions of this Contract. In the event of extreme weather or other conditions or events constituting "force majeure", Closing vvill be
30 extended a reasonable time until: (1) restoration of utilities and other seNices essential to Closing, and (ii) availability of Hazard, Wind, Flood, or Homeowners'
) l' insurance. If such conditions continue more than ~ days (d blank, then 14 days) beyond Closing Date, then either party may cancel this Contract.
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FAR/BAR ASIS.2 Rev 9/07 (1) 2007
Florida As~o.f!9llon 01 REAlIoHs" :lOJ TJlli Flnr.tdiJ.B.aL_. All P,f\lll~ 8~c,nd _o..p_.~ < 'r
62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey :nmkFctab!e title subject to: comprr:ilensive land use pions, zonirlg,
63 restrictions, prohibitions and Otl,8r requirements impcsed by government.JI authorit:/; restrictions aw! iTlJlters appoaring on !l,e plat or otherwise
64 common to the subdivision; outstanding oil, gas and mineral rights of record wit.'lout ric;r:t of enlry; unplattecJ public ulility easements 01 recorcl
65 (located contiguous to real propel1y lines cHid not more tilan 10 teet In '//idth as to tile rear or front lines L,n,j 7 1/2 feet in wictth as to the side
66 lines); taxes lor year cf Closing and subsoqu(;nt years; and assumed mortgages and p',nchase 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 Properiy to Buyer at time 01 Closing unless otherwise stated herein. II Property is intended
70 to be rented or occupied beyond ClOSing, the fact and terms thereal and tile tenant(s) or occupants shall be disclosed pursuant 10 "AS IS" Standard
71 F. If occupancy is to be delivered before Closing, Buyer assumes all risks 01 loss to Property from date of occupancy, shall be responsible and liable
72 lor maintenance Trom that date, and shall be deemed to have accepted Property in its existing condition as of time of laking 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; '.J 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!J by Seller at closing 0 by Buyer (if left blank, then Seller at Closing). If the amount of any
81 assessment to be paid by Seller has not been finally determined as of Closing, Seller shall be charged at Closing an amount equal to the
82 last estimate or assessment for the improvement by the public body.
83 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to per-
84 sons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
85 Additional information regarding radon or radon testing may be obtained from your County Public Health unit.
86 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information
87 regarding mold. Buyer should contact an appropriate professional.
88 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, F.S.
89 (e) If the Real Property includes pre-1 978 residential housing, then a lead-based paint rider is mandatory.
90 {O It Seller is a "foreign person" as defined by the Foreign Investment in Real Property T.'3.X Act, the parties shall comply with that Act.
91 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA-
92 TION/COMMUNITY DISCLOSURE.
93 (h) PROPERTY TAX DISCLOSURE SUMv1ARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT
94 OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN mE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER-
95 SHIP OR PR<YERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES.
96 IF YOU HAVE />NY QUESTlONS CONCERNING VALUATION, CONTACT THE COUN1Y PROPERTY APPRAISER'S OFFICE FOR INFORMATlON.
97 XII. MAXIMUM REPAIR COSTS: DELETED
98* XIII. HOME WARRANTY: Q Seller 0 Buyer I!!iI N/A will pay for a home warranty plan issued by
99' at a cost not to exceed $ U.uu
100* XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have ~ days from Effective Dafe ("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
11 0 required by Buyer's lender.
111 XV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract:
112' 0 CONDOMINIUM 0 VA/FHA 0 HOMEOWNERS' ASSN. 121 LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE
113' 0 INSULATION 0 EVIDENCE OF TIRE (SOUTH FLORIDA CONTRACTS) 0 Other Comprehensive Rider Provisions 0 Addenda
114' Special Clause(s): SELLER AGREES TO EXECUTE BUYER'S FORMS GAP AFFIDAVIT, PUBLIC DISCLOSURE
115' AFFIDAVIT, SPECIAL WARRANTY DEED AND SUBSTITUTE W-9. SELLER WILL DELIVER THE COMPLETED AND
116* SIGNED W-9 TO BUYER SIMULTANEOUSLY WITH THE SIGNED CONTRACT.
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118* SELLER WARRANTS PROPERTY IS VACANT AND SHALL REMAIN SO THROUGH CLOSING TO COMPLY WITH THE REQUIREMENTS OF THE
119* NEIGHBORHOOD STABtLlZATION 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. ...
"'CONTRACT MUST BE EXECUTED AND RETURNFO TO BUYER, ALONG WITH ANY ADDENDA
WITHIN THREE (3) BUSINESS DAYS OF SELLER'S RECi:IPT OF THIS CONTRACT.
126 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt of a copy
127 of "AS IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract.
FAR/BAR AS18.2 Flev 9/07 (;:) 2007 Florrda Association 01 RfALlOPS~ a,-,d H18 Florrda Bar 1'.11 Righls Rec:erved Page 2 of 5
128 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
129 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
130 THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS' AND THE FLORIDA BAR.
131 Approval does not constitute an opinion that any o( Hie terms arid 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, obiectives and bargaining
133 positions of all interested persons.
134 AN ASTERISK(") FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTf'o.INS A BLANK TO BE COMPLETED.
135' "'SEE SIGNATURE BLOCK BELOW
136 (BUY D~
137*
138 (BUYER) (DATE)
139" Buyers' address for purposes of notice Real Property Manaqe
140' 3301 Tam/ami Trait East, Bldq. W, Naples, FL
141' (239) 252-8991 Phone Phone
142 BROKERS: The brokers (including cooperating brokers, if any) named below are the only brokers entitled to compensation in connection with
143 this Contract:
144' Name:
145
(SELLER)
IDA TE)
(SELLER)
Sellers' address for purposes of notice
(DATE)
BARTLEY REAL TV
Cooperating Brokers, if any
Listing Broker
Date Property acquisition approved by BCC:
March 24, 2orl' Itr: 10F
DATED: II ;;- {)-aJ1
'I {
BUYER:
ATTES'r?t..
DWIGHr E.j3ROCk-~ Clerk
,
BOARD OF .s01NTY COMMISSIONERS
COLLIER c~yr' FLORIDA ..
/ l II , .J . /.'~;'
BY' . 1\, (A""'" .,{ J <, ""
. Donna Fr~la, Chairman
--
.,,..uw. ~,.....,
. I ,: 1.1 16. .c"
Approved as to form and
legal sufficiency:
~%~~
~ -4 -:t:;:, County Attorney
PROPERTY ADDRESS:
4325 16TH STREET NE
NAPLES, FLORIDA 34120
f'P.R/BAR ASIS.2 Hev. 9107 02007 f-l(AidJ /\SSOciillion of Flu.; IOHS" ,11"j fll'J r.loricla B3r /\11 n'grlls Fleser,'8e) Parle 3 of 5
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
A. TITLE INSURANCE: The Tdle Comrndmr;nl shall [)e Issclcd by i1 Florida licensed IlIlc Insurer agreclr.c) to issue Buyer, upon recordill(~ o/the deed 10 Buyer,
iln owner's policy of !Itle InsuranCA ,n !he i1mount or the p'Jrcha,;e price, insuring Buyer's marketable Idle to the Real Property, subject onty 10 matlers contained
in Parilgraph V!I an,j thOS8 to be ,jiscl'iw]ed by S,"!lu iit or berore ClOSing. Markelable title shall be cieternllncd accordln'J to appllcatJle Tille Slandar,ds adopt-
ed by authonty of The Florida Bar and In accorl'3nce WllIllaw. Buyer shilll have 5 clays from dale of recel'/lng the Till!) Comlnitment to eXJfTiine it, and II title is
found defective. notify Seller In vmtlllg speCi~'ing defect(s) '1lihlCh render title unlllarketable. Seller shJII have 30 days from receipt of notice to remove the
defects, failing which Buyer shall, within 5 days after expiration o( the 30 day peiiod, clelrver wrilten nolice 10 Seller 8Itl.,or (1) extending Ihe lime for a reason-
able period nol to exceed 120 dL1Ys wlttlin which Seller shall use rJiiigen! effort to rcmovc the defects; or (2) requesllng a refurld of deposltls) paid which shall
be returned 10 Buyer. If Buyer fails 10 so notify Seller, Buyer shall be deemed to have Llccepted the title as it then is. Seller shall, If title IS found unmarketable,
use diligent effort to correct defect(s} Within the lime provided. If, after diligenl effort, Seller is unable to 1imely correct the defecls, Buyer shall either waive the
defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller (rom all furiher obligations under thiS Contract. If Seller is to provide the Title
Commitment and it is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from dale 01 receipt
to examine same in accordance With this "AS IS" Standard.
B. PURCHASE MONEY MORTGAGE,
SECURITY AGREEMENT TO SELLER:
Lines 159-168 DELETED
C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver eVidence 01 title and to examine same, may have the Real Property surveyed and certi-
fied by a registered Florida surveyor. It the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback
lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect.
D. WOOD DESTROYING ORGANISMS: DELETED
E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described
in Paraqraph VII hereof and title to the Real Prooertv is insl Jr~hle in accordance with "AS IS" St~nriArri A without exception for lack of legal right of access.
F. LEASES: Lines 175-179 DELETED
G, LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement,
claims ot lien or pOlentiallienors known to Seller and further attesting that there have been no improvements or repairs 10 the Real Properiy for 90 days imme-
diately preceding date of Closing. II the ReaJ Property has been improved or repaired within thaI time, Seller shall deliver releases or waivers of construction
liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth the names of all such gen-
eraJ 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 a1 the office of the attorney or other closing agent ("Closing
Agent") designa1ed by the party paying for title insurance,
l. TIME: Calendar days shall be used in computing time periods except periods 01 less than six (6) days, in which event Saturdays, Sundays and state or nation-
allegal holidays shaH be excluded. Any time periods provided lor herein which shall end on a Saturday, Sunday, or a legal holiday shan 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 01 sale, certificate of title, construction lien affidavit, owner's possession affidaVit, assignments of leas-
es, tenant and mortgagee estoppelietters 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 Joan (whether obtained
from Seller or third party), inciuding, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed,
mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer.
Unless otherwise provided by Jawor rider to this Contract, charges for related closing services, title search, and closing fees (including preparation of closing
statement), shal be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before Closing.
Buyer shilll have the option of taking over existing policies of insurance, it 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 credi1ed to Seller. Taxes shall be prorated based on the current
year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the curren1 year's mill-
age is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assess-
ment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1 st of year at Closing,
which improvements were not in existence on January 1 st of prior year, 1hen 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 lor an infonnal assessment taking into
account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current year's tax bill.
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 o( 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 shall proceed pursuant to the 1erms of lhis 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 either take the Property as is, together with the 1.5% or receive a refund of depos~(s)
thereby releasing Buyer and Seller Irom allluriher obligations under this Contract. Seller's sole obligation With respect to Ires damage by casualty or other natu-
ra/ occurrence shall be the cos1 of pruning or removal.
P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds If the lille agenl insures adverse matters pursuant to Section 627.7841,
F.S., as amended, the escrow and clOSing procedure requiled by this "AS IS" Standard shall be waived. Unless waived as sel forth above the following
FAR/BAR .I\SIS.2 Rev. 9/07
~ 2007 Flonda ASSOCiation of fiUlLlO.,S< and Tile Ftonda Bilr All Rights t::::.~i;rli_()~: Page 4 of 5
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
closing procerjuros Sh,l/1 apply. (1) Lli1 clOSing proceeds shall be l,elrJ In escrow Iy/U.re Closrng i\rpni lor a p8illXJ or 110t more :h"n 5 days alter ClOSing; (2)
If Seller's tllle is rendered unf';larketi:iJle, thrOUCjh no fau't of ['.I.I'/"r. Buyer shall, wlll."rl ille 5 dL1Y p:;nod, notrfy Scller In writing of the derecI and Seller sl,all
have 30 days from dale of receipt of such notllieation 10 cum tile defecl; (3) If Seller lads 10 11I1Ioly cure tI,e detect, all deposlls end closing lunds shall, upon
wrillen demand by Buyer and willlln 5 dGYs af1er demand, be returned to Buyer and, srmullan'C;Ol1sly 'Nil11 such repGyment, Buyer shall return the Personal
Property, vacate the Real Property and reconvey l/1e Propeny 10 Seller by special warranty deed and bill o( sale: and (4) If Bu\'er (ails 10 make limely demand
for refund, Buyer shall lake Wle as IS, waiving all rights against Seller as 10 any inle,-vening defect except as may t)e available 10 Buyer by vinue of Wdr.
ranties contained in the deed or bill of sale.
O. ESCROW: Any Closing Agent or escrow agent (collectively "Agent") receiving funds or equivalent rs 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 01 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 panies hereto agree to lis disbursement or unlil a Judgmenl of a coun of competent jurisdiction shall
determine Ihe rights of the parties, or Agent may depOSit same wltl, the clerk of the cirCUit court haVing jUrisdiction ot the dispu1e. An attorney who represents
a party and also acts as Agent may represent such pany in such action, Upon notifying all panies concerned of such action, all liability on the part of Agent
shall fully terminate, except 10 the extent 01 accounllng lor any i1ems previously delivered out of escrow. If a licensed real estate broker, Agenl 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 wtth these amounts to
be paid from and out of the escrowed (unds or equivalent and charged and awarded as court costs In favor at 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 o( Agent.
R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contrac!. the prevailing party in such liti-
gation, which, for purposes of this "AS IS" Standard, shall include Seiter, Buyer and any brokers acting in agency or nonagency relationships authOrized by
Chap1er 475, F.S., as amended, shalj be entitled to recover from the non-prevaIling party reasonable attorney's fees, costs and expenses.
S. FAILURE OF PERFORMANCE: Lines
241-246 DELETED
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any notice of it shall be recorded in any public records.
This Contract shall bind and inure to the benefit of the parties and their successors in interest. Vv'henever the context permits, singular shall include plural and
one gender shaU include all. Notice and delivery given by or to the at10rney 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 shall convey marketable title to the Real Propeny by statutory warranty, trustee's, personal representative's, or guardian's deed, as
appropriate to the s1atus of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at the
request 01 Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such mat1ers as may be otherwise provided for herein,
V. OTHER AGREEMENTS: No prior or present agreements or representations shalt 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 panies unless in writing and executed by the panies intended to be bound by it.
W. SELLER DISCLOSURE: (1) There are no facts known to Seller'materially affecting the value 01 the Property which are not readily observable by Buyer or
which have not been disclosed to Buyer; (2) Seller extends and intends no warranty and makes no representation of any type, either express or implied,
as to the physical condition or history of the Property; (3) Seller has received no written or verbal notice from any governmental entity or agency as
to a currently uncorrected building, environmental or safety code violation; (4) Seller has no knowledge of any repairs or improvements made to the
Property without compliance with governmental regulation which have not been disclosed to Buyer.
X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, including,
but not limited to lawn, shrubbery, and pool in the condition existing as at Effective Date, ordinary wear and tear and Casually Loss excepted. Seller shall, upon
reasonable notice, provide utilities service and access to the Property lor appraisal and inspections, including a walk-through prior to Ciosing, to confirm that
all items of Personal Property are on the Real Propeny and that the Property has been maintained as required by this "AS IS" Standard. Seller will assign all
assiqnable repair and treatment contracts and warran1ies to Buyer at Closing.
y, 1031 EXCHANGE Lines 267-270 DELETED
contingent upon, nor extended or delayed by, such Exchange.
Z, BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by law, against any real estate licensee involved
in the negotiation 01 the Contract, for any defects or other damage that may exist at Closing of the Contract and be subsequently discovered by the
Buyer or anyone claiming by, through, under or against the Buyer.
FAR/BAR ASIS.2 Rev. 9/07 Q 2007 Florida J'.ssoclatlon of RlhIOH'o'" and H,," Floflda Bar "-II Riq~)ts Reserved Paae 5 pf 5
nus DOCUMENT HAS IMPORT ANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD
CONSULT 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")
tiated 10/22/09 between Saxon Mortgage Services Inc. ("Seller") and Collier County a Poi Subdivision of thE ("Buyer")
relating to the sale and purchase of the following described real property ("Transaction") located in COLLIER County,
FL . otherwise know as 432516TH STREET NE NAPLES Fl 34120 (together with any
imt'rovements thereon. "Property").
Sciier and Buyer agree as follows:
. PRICE: The "Purchase Price" shall be $ 112100 . "Earnest Money" in the amount of $ 5000 is due
upon Buyer's acceptance of this Counterproposal and is to be held by ~ecker & Poliakoff, P.A. . Earnest Money shall
be in a form 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
$
$
$
$
I f 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 11 242009 ( "Closing Date"), The "Closing Agent" will be
Becker & Poliakoff. P.A. or Buyer's title insurance provider indicated in paragraph 16 below
TIME IS OF THE ESSENCE IN THIS CONTRACT.
II': rHE EVENT ANY PROVISION OF THIS COUNTERPROPOSAL CONFLICT IN WHOLE OR IN PART WITH THE
TiRMS OF THE CONTRACT, THE PROVISIONS OF THIS COUNTERPROPOSAL WILL CONTROL EXCEPT TO
TilE EXTENT SUCH PROVISIONS OF THIS COUNTERPROPOSAL ARE CONTRARY TO ANY APPLICABLE LAWS,
/<J.LES, OR REGULATIONS ("APPLICABLE LAW"), IN WHICH CASE THE CONTRACT SHALL GOVERN ONLY
/'0 THE LIMITED EXTENT NECESSARY FOR COMPLIANCE WITH ANY SUCH APPLICABLE LAW.
Buyer's Initials
Buyer's Initials
Seller's Initials
Fag,e I of to
Counh:rproposallO Purchast: <.Uld Sale Agreement 06/30/08
;'he tenns and conditions of the Contract are further amended, modified, and revised by this Counterproposal as follows:
1 Deed. Seller shall furnish to Buyer at Closing, either a special warranty deed, a quitclaim deed, or such other deed ("Deed")
necessary to convey insurable title to the Property, subject to the terms of the Contract and this Counterproposal. If more than one
form of Deed will suffice for conveying insurable title, Seller in its sole discretion may elect the form to use to convey the Property to
Buyer.
Buyer's Initials
2. Consideration of Offers. Buyer acknowledges that Seller may have received offers prior to or may receive offers after receipt of
Buyer's current offer evidenced by the Contrapt. Buyer acknowledges that Seller may consider all offers to purchase the Property,
r~gardless 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. 50ecial Conditions. Buyer acknowledges that Seller obtained the Property by foreclosure or a deed in lieu of foreclosure. The
Cc'ntract and this Counterproposal may be subject to the following: (a) approval by a private mortgage insurer; (b) repurchase of the
Property 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 terminate the Contract and this
C,_.unterproposal and promptly refund the Earnest Money to Buyer as Buyer's sole and exclusive remedy. Upon such tennination,
SiCller shall 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
cr any alterations or additions which may have been made to the Property conform to Applicable Law.
Bu:er hereby acknowledges that Seller shall not be providing Buyer with a Real Estate Transfer Disclosure Statement and/or a
c,:;tificate of occupancy with respect to the Property. Buyer, to the extent permissible under Applicable Law, hereby waives any
c.,:r, Jirement that Seller furnish Buyer with any such disclosure statement and/or a certificate of occupancy and hereby releases Seller,
('.od 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
roJOLD, MILDEW SPORES, AND OTHER MICROSCOPIC ORGANISMS AND ALLERGENS (COLLECTIVELY,
"~\'10LD") 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 CAliSE
SERIOUS PHYSICAL INJURIES, INCLUDING, BUT NOT LIMITED TO, ALLERGIC AND RESPIRATORY
R'~ACTIONS OR OTHER PROBLEMS, PARTlCliLARLY IN PERSONS WITH IMMUNE SYSTEM PROBLEMS,
YOUNG CHILDREN, AND ELDERLY PERSONS. MOLD ALSO HAS BEEN REPORTED TO CALISE EXTENSIVE
DAMAGE TO PERSONAL AND REAL PROPERTY. MOLD MAY HAVE BEEN REMOVED OR COVERED IN THE
COURSE OF CLEANING, REPAIRING, OR REMEDlATlNG THE PROPERTY. IF SELLER, OR ANY OF ITS AGENTS
OR REPRESENTATIVES, CLEANED OR REPAIRED THE PROPERTY OR REMEDlATED MOLD
CONTAMINATION, 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
CONDITIONS THAT EXIST AS OF THE CLOSING DATE. BUYER IS FULLY RESPONSIBILITY FOR ALL HAZARDS
THAT MAY RESULT FROM THE PRESENCE OF MOLD IN OR AROllND THE PROPERTY. BUYER IS SATISFIED
WITH THE CONDITION OF THE PROPERTY NOTWITHSTANDING THE PAST OR PRESENT EXISTENCE OF
MOLD IN OR AROUND THE PROPERTY, AND BUYER HAS NOT IN ANY WAY, RELIED lJPON ANY
Rr~PRESENTATIONS OF SELLER, OR ITS SlJCCESSORS, ASSIGNS, AFFILIATES, DIRECTORS, OFFICERS,
EMPLOYEES, OWNERS, AGENTS, AND REPRESENTATIVES CONCERNING THE PAST OR PRESENT EXISTENCE
OF MOLD IN OR AROUND THE PROPERT\',
Buyer's Initials
Seller's Initials
Buyer's Initials
P"ge 2 of 10
C,Jnterproposalto Purchase and Sale Agreement 06/30108
4. Personal Property. Items of personal property located on the Property are not to be considered as part of the Property and are not
induded 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 hert:after exist with respect to such personal property. No bill
d sale will be provided at Closing; provided, however, Seller shall provide the minimum documentation necessary to transfer
lJny mobile or manufactured home located on the Property.
Buyer's Initials
~. Occupied Property. In the event the Property is occupied by one or more tenants, Seller makes no representations regarding: (a)
thl.; existence ofa written lease agreement; (b) the term of such tenancy; (c) whether rent payments are current; (d) the amount of rent
thf.l should be paid; or (e) compliance with rent control, registration, or other Applicable Laws. In addition, Seller does not hold any
s\~curity deposits for any tenant and Buyer is solely responsibile to any tenant for the return of any security deposits and any interest
thaeon.
(" "AS IS" Condition. Seller conveys and Buyer accepts the Property in "AS IS, WHERE ]S" 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.
SeHer, 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, Buyer's Rieht 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
(lU) 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
ma Ie by Seller or Seller's agents or representatives (including, but not limited to, infonnation disclosed on the MLS) as to the
ccr;dition of the Property. including, but not limited to, the condition, structural soundness, and working order of: heating/air
'. Jnditioning systems; sewage; roof; foundations; soils; septic systems; plumbing; lot size; suitability of the Property for particular
p.:rposes; appliances; Utilities; and any improvements to the Property. Buyer further acknowledges and agrees that Buyer is not
re!j ing on any statements or representations made by Seller or Seller's agents or representatives regarding whether the Property is in
':ompliance with Applicable Law. Buyer acknowledges that Buyer is responsible for obtaining any inspection reports as to: (a) the
cl,ndition of the Property and any appliances, structural components, heating/air conditioning systems, sewage, roof, foundations,
~0;;3, septic systems, plumbing, and Utilities; (b) suitability for use of the Property; (c) the presence of any toxic or hazardous
~ .:Dstances on the Property, including, but not limited to, radon, asbestos, lead paint, or Mold; (d) any other factors that would render
t~;c Property uninhabitable or dangerous to the health of the occupants; (e) whether the Property is in compliance with Applicable
Law; and (I) any other factors regarding the Property about which Buyer may be concerned. Buyer's failure to inspect the Property
;':Iall 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
cunsent of Seller.
Buyer's Initials
Seller's Initials
P:tge30flO
cou','.rpruposalto Purchas. lmd Sale Agr.om.1I1 00:30;08
!f the Property has been winterized and Buyer wishes to de-winterize the Property for the purposes of Buyer's inspections, Buyer must
r.)tifY the listing agent identified below ("Listing Agent"). Only the Listing Agent may arrange for such de-winterization, which will
be conducted at Buyer's sole cost. Under no circumstance shall Buyer de-winterize the Property.
Buyer's Initials
BlJyer shall indemnifY and fully protect, defend, and hold Seller, and its successors, assigns, affiliates, directors, officers, employees,
owners, agents, and representatives, harmless 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
agents 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
connected with the presence in, on, or about the Property of radon gas, asbestos, mold, or any other toxic or hazardous substance, as
detined by Applicable Law and commonly understood (collectively, "Hazardous Substances"). Buyer, on behalf of Buyer and Buyer's
!'uccessors and assigns, fully and forever releases, indemnifies, and discharges Seller and its affiliates and their respective successors,
as~igns, directors, officers, employees, owners, agents, contractors, and representatives (collectively, "Seller Indemnified Parties"), and
o('lds Seller Indemnified Parties harmless from and against any and all claims, damages, liabilities, losses, demands, private or
zovernmental 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
pr.;sence of Hazardous Substances in, on, or about the Property, whether now or hereafter known. This provision shall survive delivery
I :'the Deed and the Closing Date.
9. Risk of Loss. Prior to Closing, Seller shall maintain the Property in materially the same condition as of the date of Seller's
t:xecution of this Counterproposal, except for ordinary wear and tear. If prior to Closing the Property is damaged, Seller may make
repairs 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
Pri;e; or (c) terminate the Contract and this Counterproposal, in which case the Earnest Money will be returned to Buyer as Buyer's
SOIf; and exclusive remedy.
U,"lDER NO CIRCUMSTANCES SHALL ANY INSURANCE PROCEEDS PAIDTO SELLER WITH REGARDTO ANY
D(,MAGE TO THE PROPERTY THAT OCCURS PRIOR TO CLOSING BE ASSIGNED OR PAY ABLE TO BUYER,
l pon Closing, Seller shall 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
bsurance 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").
~ A. ~: 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
on the Closing Date due to Buyer's failure to provide cash at the Closing or due to any other related reasons, including, but not
limited to, Buyer's decision to obtain lender financing, both Buyer and Seller agree that the Eamest Money shall be immediately
released to Seller as liquidated damages as provided in paragraph 19 below.
~ 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
satifactory 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
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Counterproposal to Purchase and Sale Agreement 06130108
be provided to Seller with 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
all costs associated with the loan application process, including, but not limited, to any application fee, appraisal fee, and credit
report fee.
1). 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 normal and
C~lst()mary, Seller will not be required to do so if such a required survey has not been so obtained by Buyer.
Bu~'(~r shall be responsible for paying all other costs and expenses (including, but limited to, the fees of Buyer's attorney) associated
w.[h the Closing and not specitically required to be paid by Seller by this Counter Proposal.
12 Settlement/Closine:, The Closing shall be conducted in the office of the Closing Agent or at a place designated and approved by
Seiler. 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
con~.~nt of Seller.
13. Nee:ative Sale Proceeds. If unforeseen judgments, liens, assessments, HOA Assessments, or other such encumbrances result in
nt:gative sales proceeds to Seller, Seller reserves the right to terminate the Contract and this Counterproposal and return the Earnest
Money to Buyer as Buyer's sole and exclusive remedy.
14. Prorations at Closine:. All taxes; condominium, planned unit development, or similar community homeowners' association dues
and 'issessments ("HOA assessements"); and Utilities charges shall be prorated to the Closing.
la', prorations shall be based on one hundred percent (100%) of the last available tax bill or upon the local tax assessor's latest
v..tlntion of the Property and the current tax rate. Any special assessments that constitute a lien on the Property as of the Closing Date
ar.J are payable in installments shall be prorated to the Closing Date and any installments due after the actual date of Closing shall be
pai.: by Buyer. In no event shall Seller be responsible for the payment of any unlevied assessment pending as of the actual date of
Cio<;ng.
h~)A assessments shall be based on the assessment rate in effect as of the actual date of Closing. Any special assessments levied and
p.ly~ble in installments shall be prorated to the Closing Date and any installments due after the actual date of Closing shall be paid by
B:'yer. 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 ADJlISTMENT OF SETTLEMENT CHARGES, INCLlIDlNG, BUT
NOT LIMITED TO, TAXES OR HOA ASSESSMENTS AFTER CLOSING.
15. Lender-Required Repairs. 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 terminate the
CO'1tract and this Counterproposal. Further, should any FHA Conditional Commitment or V A Certificate of Reasonable Value vary
fr'.'n the Purchase Price, Seller, in its sole discretion, may terminate the Contract and this Counterproposal. If Seller elects not to
te':ninate the Contract and this Counterproposal pursuant to this paragraph, Seller's responsibility for any repairs required by Buyer
a:' 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 $___ ' inclusive of termite repairs ('"Repair Limit Amount"). and Buyer shall be solely
Buyer's Initials
Seller's Initials
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c._'<.illterproposal to Purcha:ie 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
tenninate the Contract and this Counterproposal, Seller will return the Earnest Money to Buyer as Buyer's sole and exclusive remedy
Buyer's Initials
16. Condition and Convevance of Title. Seller shall deliver insurable title and pay for Buyer's owner's pohcy of title insurance
from the title insurance provider chosen by Seller and indicated below. However, Buyer may choose to purchase title insurance
from Buyer's title insurance provider, indicated below, at Buyer's sole expense. In the event Buyer chooses to obtain an owner's
;Jolicy and/or title exam from the title insurance provider of Buyer's choice, Buyer shall order the same within three (3) days of Seller's
execution of this Counterproposal; if Buyer fails to do so, all objections to title shall be deemed waived. Seller shall not be
responsible for any "gap" title insurance coverage and will 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
"nd this Counterproposal, or if at the time of the delivery of the Deed does not confonn with the provisions of the Contract and this
Counterproposal, Seller shall bear any nominal expense and use reasonable efforts to remove any defects in title or to conveyor deliver
t~,e Property 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 tenninate and Seller 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 Seller's inability to so
ren'ove 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
S",ler's title insurance provider:
Phone:
Fax
Buyer's title insurance provider:
Phone:
Fax
Buyer's Initials
~ 7 Occupancy of the Property. Under no circumstances will Buyer be allowed to occupy the Property prior to Closing. In the
event Buyer violates this prohibition, Seller will avail itself of all legal remedies. In the event Buyer alters or occupies, or pennits any
other person to alter or occupy, the Property prior to Closing, Buyer shall be in material default under the Contract and this
COI.'nterproposal, in which case Buyer shall forfeit the Earnest Money and any rights to the Property, however altered, Any access to
H:c Property prior to Closing is prohibited unless accompanied by Seller or Seller's agent or unless otherwise agreed to in writing by
S<:ller.
~3. ~
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 pennit Seller to exercise its rights under the Contract
and this Counterproposal. Seller shall 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
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Crunterproposai to Purchase and Sale Agreement 06/30/08
> ~..--......----~'-_.~-~'-"
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 shall
be paid by Buyer.
19. Default. In the event Buyer defaults in the performance of the Contract or this Counterproposal, the Earnest Money shall
be paid to Seller as liquidated damages for, among other things, the additional cost of carrying the Property and lost
marketing time, both of which Buyer and Seller acknowledge and agree are difficult to calculate. Said liquidated damages shall
riot 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 will 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 all-cash basis as indicated
above shall constitute a material default under this paragraph
IN THE EVENT SELLER DEFAULTS IN THE PERFORMANCE OF THE CONTRACT AND THIS
COUNTERPROPOSAL, 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 installation of new locks and the transfer
of all Utilities on the Property immediately after the Closing, and Buyer shall hold harmless and indemnifY Seller and its successors,
assigns, affiliates, directors, officers, employees, owners, agents, and representatives ITom and against any and all damages, claims,
lief.s, losses liabilities, costs, injuries, attorney fees and expenses of every kind and nature that may be made against Seller and its
successors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives as a result of Buyer's failure to install
new locks or transfer all Utilities on the Property. Buyer will have all Utilities and homeowners' services, as well as any HOA
Assessements, transferred into Buyer's name no later than the first (1st) business day following Closing. Buyer also will be responsible
for payment of any Utilities charges or HOA Assessments incurred after Closing and for ensuring that any Utilities or homeowners'
st"rvice, including HOA Assessements, in the name of Seller or the Listing Broker indicated below is transferred entirely into Buyer's
name.
Witness
Buyer
Date
Selling Broker
Date
Acknowledge:
Buyer
Date
Listing Broker
Date
z (. Assil!nability, Buyer may not assign or transfer the Contract or this Counterproposal without Seller's written approval. Seller may
ac.sign or transfer the Contract and this Counterproposal without Buyer's approval
22. Performance. 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
Seller's Initials
Buyer's Initials
Page 7 of 10
COl'.j':tcrproposal to Purchase and Sale Agreement 06/30/08
23. Real Estate Broker Commissions. The total commission payable by Seller pursuant to the Transaction shall be !..--% of the
grcJ.;s Purchase Price. The closing agent is authorized and directed to pay said commission from the sale proceeds at Closing as per the
t~nns of the Commission Breakdown Fornl to be provided by Seller. No real estate broker commissions shall be paid unless the
Cbsing occurs and title to the Property passes to Buyer.
~4. Additional Provisions. Buyer and Seller approve and accept this Counterproposal and acknowledge and agree that this
Counterproposal is a legally binding agreement and is made part of the Contract in like manner as if it were directly set forth therein.
AI! other tenns and conditions of the proposed Contract shall remain the same. The terms of the Contract and this Counterproposal
s'lall survive the Closing.
25. Attachments. Any attachement or addendum to this Counterproposal hereby is incorporated into this Counterproposal for all
purposes 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
oiii:'ring party to this document received notice of such acceptance on or before 10/24/09
SEE ATTACHED SUBSTITUTE EXECUTION PAGE
lJ.vYER
Delte:
SELLER
Date:
JjllYER
Date:
Buyer's Initials
Seller's Initials
r~ge 8 of 10
CO\!Jlterproposal to Purchase /lnd Sale AbTfeemcnt 06110/08
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 4325 16TH Street NE
Folio Number: 39650160002
SUBSTITUTE EXECUTION PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED: II,/?'/ :?-l)t79
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD ont C UNTY COMM. I.SSIO. NERS
COLLIER C TY, FLORID~
/ . .J. ':'-7.
I ' / I
BY: ,.fh-;r1..tf(,~" (~.( <tj,/~,
Donna ~iala, Chairman
..Y.' ')
.-- .,~"
~- . ;~"~Oftat~ ~I.
". '. h. ,~. . .~.
,ji'''''''
"
)
'/.
::' ~ . 'J
Approved as to form and
legal sufficiency:
~'D~
Jennife . hite
Assistant County Attorney
LEAD -BASED PAINT DISCLOSURE
ADDENDUM
Lead Warnine Statement
"Every purchaser of any interest in residential real property on which a residential dwell ing was built prior to 1978 is notitled 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
.:juotient, 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 trom risk
assessments or inspections in the seller's possession and notifY the buyer of any known lead-based paint hazards. A risk assessment or
inspection for possible lead-based paint hazards is recommended prior to purchase."
Seller's Disclosure to Buver
Seller acknowledges that Seller has been infonned of Seller's obligation. Seller is aware that Federal laws require Seller to pennit
Buyer a ten (\ 0) calendar day period to conduct risk assessment or inspection for the presence of lead-based paint hazards before
be("lming obligated under a contract to purchase target housing (unless mutually agreed otherwise in writing). That opportunity will be
provided within the ten (10) calendar day period immediately following Seller's final execution of the Contract and this
Co~~nterproposal. Seller is aware that Seller must retain a copy of this disclosure for not less than three years from the Closing.
A. Presence oflead-based paint and/or lead-based paint hazards (check one box below):
o Seller has no knowledge of any lead-based paint and/or lead-based paint hazards present in the Property.
o 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):
o 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 Acknowledement
C. Buyer has read the Lead Warning Statement above and understands its contents.
D. Buyer has received copies of all information, 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 betore a buyer is obligated under any contract to buy and sell real
estate, Seller shall pennit 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 for the presence oflead-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):
D Obtain a risk assessment or an inspection of the Property for the presence of lead-based paint and/or lead-based
paint hazards. within the time limit and under the tenns of the Contract and this Counterproposal, or
LX I Waive the opportunity to conduct a risk assessment or inspection for the presence oflead-based paint and/or
lead-based paint hazards.
Buyer's Initials
Seller's Initials
P:.tge 9 of 10
~'ourtl:rproposal to Purchasc and Sak Ah'Tc(:mcnt O()/10/08
-,_.._"_......._.~-~---"--..,_._,,.~.._~-----
Real Estate Licensee's Acknowlede:ment
Each real estate licensee signing below acknowledges receipt of the above Seller's Disclosure to Buyer, has informed Seller of Seller's
~Iigations, and is aware of licensee's responsibility to ensure compliance.
Certification of Accuracy
I certify that the statement I have made are accurate to the best of my knowledge.
SELLER
Date
BUYER
SEE ATTACHED SUBSTITUTE EXECUTION PAGE
Date
Seller's (Listing) Agent
Date
Buyer's (Selling) Agent
Date
Buyer's Initials
Seller's Initials
Pa?elOoflO
Counterproposal to Purchase and Sale Abrreement 06,')0/08
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 4325 16TH Street NE
Folio Number: 39650160002
SUBSTITUTE EXECUTION PAGE
Date Property acquisition approved by BCC: March 24, 2009, Item 10F
AS TO PURCHASER:
DATED: 11/9-/?-OOCJ
/ f ,
"r,,~:~o~" .
ATTE&-r'~.. ..... '. ',,:':- <l
DWIQ"HT E, BRO'C.~,.:.Clerk
,. , ,-) . -:' .
'.'~ ''\
. -<.'
.. ~.
'ut Clerk
Attes\ II ., .
s1_tw, ....i~,
it, .'
BOARD OF.lIr UNTY COM.M......ISSIO NERS
COLLIER C TY, FLORIDA
I
I ....-
BY: A. /r:J-/Y?-;v~.,(/ ~.-'// /.t !{
Donna iala, Chairman
Approved as to form and
legal sufficiency:
?J~~
Jennif~. White
Assistant County Attorney
f~EIGHBORHOOD STABILIZATION PROGRAM
Property Address: 4325 16TH Street NE
Folio Number: 39650160002
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 4325 16th Street NE,
NAPLES, FL 34120
THIS ADDENDUM is entered into by and between SAXON MORTGAGE SERVICES, INC., Seller, and
COLLIER COUNTY, a Political Subdivision of the State of Florida, Buyer. Buyer and Seller have entered into
trat certain "As Is" Contract for Sale and Purchase, and Counter Proposal to Purchase and Sale Agreement
hetween the undersigned parties concerning the property at 4325 16TH Street N E, Naples, FL 34120 (hereinafter
referred 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
and this Addendum to the "As Is" Contract for Sale and Purchase and the Counter Proposal to Purchase and
Sale Agreement shall, collectively, constitute the "Agreement" between the parties, which Agreement between
the undersigned parties concerning the property at 4325 16TH Street 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
::lat the Agreement is dated of even date herewith between ("Seller") and Collier County, a Political Subdivision
r:/ the State of Florida ("Buyer"), and any requirements for initials are waived.
3. The purchase price shall be $112,100.00 as stated on the attached "As Is" Contract, and on the
(';)unter 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
package by wire transfer.
5. The bolded provision in the PRICE section on Page 1 of the Counter Proposal to Purchase and Sale
.A.greement that reads: "NOTWITHSTANDING CUSTOMARY PRACTICES OR ANY PROVISION OF THE
CONTRACT TO THE CONTRARY, UNLESS OTHERWISE PROVIDED IN THIS COUNTERPROPOSAL OR
REQUIRED BY APLLlCABLE LAW, THE EARNEST MONEY SHALL BE NON-REFUNDABLE" is deleted in its
~"i1tirety, and any requirements for initials are waived.
6. The closing date on the "As Is" Contract for Sale and Purchase and Page 1 of the Counter Proposal
to Purchase and Sale Agreement shall be amended to read December 15, 2009 as accepted by both parties,
and any requirements for initials are waived.
7. The SELLER CONCESSIONS section on Page 1 of the Counter Proposal to Purchase and Sale
/Igreement 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 10 of the
''':;ounter Proposal 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
'/v'arranty Deed shall be the only acceptable method of transfer and conveyance, and any requirement for initials
F.lre waived.
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 432516TH Street NE
Fplio Number: 39650160002
10. Paragraph 3 of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
requirements 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
requirements 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
','lis 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
deleted in its entirety, and any requirements for initials are waived.
17. Paragraph 11 of the Counter Proposal to Purchase and Sale Agreement is revised to reflect that
f:,aller shall be responsible for payment of Documentary Stamp Taxes pursuant to Section 201.10, Florida
Statutes, 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
,3re 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
initials 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,
Fmd 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
requirements for initials are waived.
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 4325 16TH Street NE
Folio Number: 39650160002
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
Buyer 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
Disclosure Addendum of the Counter Proposal to Purchase and Sale Agreement is acceptable, and any
requirements for initials or signatures by Seller's or Buyer's agents are waived.
EXCEPT as expressly provided herein, the Agreement between the Purchaser and the Seller remains in full
force and effect according to the terms and conditions contained therein, and said terms and conditions are
applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the Purchaser and Seller have hereto executed this Addendum.
Cate property acquisition approved by BCC:
~arch 24, 200Xh 10F ,
,jATED: II '9- ~9
,
PURCHASER:
BOARD OF C.9'lijTY COMMISS.I.O... NERS
COLLIER COJl~-;Y' FLORIDA l.
1,//.. . '/~...d
BY' 'I~ I;";' )'/1..A._.. c;:;,., ft ";.( ..>'J/(..
'Donna Fial~, Chairman
I-\TTEST:"W\ ...." '
DWIG.HT,{tl) ~Rd8.~,.J}J~r~'
i' ". ..;J.,
I ~
\...~
'"'' ~
Approved as t~ formand-iegal sufficiency:
_. ~~~J~
Jennifer . White, Assistant County Attorney
SELLER:
SAXON MORTGAGE SERVICES, INC.
BY:
PRINT NAME:
TITLE:
DATED:
MEMORANDUM
Date:
November 3, 2009
To:
Gary Bigelow, Property Acquisition Specialist
Facilities Management
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
NSP "As Is" Contract for Sale, Counterproposal & Addendum
Property Address: 4325 ] 6th Street NE, Naples
Attached is the original sales contract and accompanying documents referenced above
(Item #1 OF) approved by the Board of County Commissioners on 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)
.,.,.,",...,'-------_.......
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TORE
P""" p"k "''''' Atu"h to "'g'''' ""rum,,,. 0,;"", ,,"""", 'hOOId '" h.., '''','',' '" th, B"" om". Th, -,I,., mO"g '''' .., ong'",1
''''om.." ore to b, 'o~"", to th, Bo", om" "",, '"'" II" "0'" "" ''',," """ "" th, ",,".)
ROUTING SLIP
com,'''' ro""g ",~" thm'g" #4 " 'ppro",,,, I" "di".." 'il'''''~', '''or, ..dim ','mm,,,.. """", If ,."I""'m"l " ""'"' <omp'''' With th,
"" "''0' th, C"m'm", '>>, "",~, deow , "" thro, h ''''i, ",,,,, thro, #4, "ro "" th"""k"", ..d Ib""" " S'" FiI,,,,, (""''' .
Route to Addressee(s) Omce Initials te
(~ist in routln order)
1.
(Th, P"m"" """" " th, h,ld" of th, "'g',,1 d'oom,,, "~doog Bee 'P,ro", N'on,II, th, "'m",, 'OO"" " th, """'" who '_~""" "" _"'"
""moo"" ""m", ""'" ,,,' 'on,';,,, " '''d" i, th, mot """, th, ""'~"" ,h"" ""'di'g Sm FiI~" '''d to ""'''or "'" loc "'diti",,~ oc m''''''g
"',on,,,," All "'g"" d'oom"" '''di,g th, Bee Ch,i, ".. 'y y',,"'''~ '" " be d'''''''d to ,", Bee ""''' "', ,"', th, Bce "" ".d 10_ th,
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved by the BCC
Type of Document
Attached
2,
3.
4.
---
5. Ian Mitchell, BCC Office
Su erVISor
6. Minutes and Records
Board of County Commissioners
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Agenda Item Number
-.( ~ 4oiJ80td4-
Number of Original
DOcuments Attached
"
INSTRUCTIONS & CHECKLIST
InWa/lhe y" ,olumn" mock "N/A" in /he Not Applieah/e eolumn, whkheve, iy
a ro riate.
O,igi",1 doeumeOl h", heen 'ignedlinirialed f" legal 'Uffide"y. (All doeumenl' '0 he
,igned hy /he Chai,man, wi'h 'he "eeplion ofmo" lerle"" mu" he "viewed and ,igned
hy Ihe Ofl1ee oflhe COunly Allomey. Thi, indud" ,ignalu,e pag" fi-om "diaane".
'"nluliom, ele, ,;gned hy 'he Counly Allomey', Office and ,ignatu" pag" fmm
eoOl'"", 'YeemeOl', ele. /hal have heen fUlly "",uled hy all parti" exeepllhe BCe
Chairman and Clerk to the Board and ossibl State OffiCials.)
AIi haudw'itten '''ike-thmugh and mvi,iom have heeu iaitialed hy 'he COunlyAttomey"
omee and all oth" arti" eXee 'the BCC Chainnan and Ihe CI"k to the Boacd
lne Chainnan', ,igoalu" line date h., been en'''ed., Ihe date ofBCC appmvaJ oflhe
document or the final ne otiated Contract date whichever is a licable.
"Sign he,," 'ah, a" pla,ed on /he appmpdate pog" indieating whem Ihe Chainnan',
si nature and initials are re uired.
In mo" ea", (anme eon"aa, ate an exeeption), the "iginal doeumenl and /hi, muling 'lip
'hould he pmvided 10 Ian Mith,hclI in the BCC offiee Within 24 h,,", nfBCc appmval
Some doeumen" ace time "mitive and tequhe f"W",di g '0 Tal/aha"" within a certain
time frame or the BCC's actions are nul/ified. Be a are of our deadlines!
The dooumoal w"' appmved by Ihe BCC o. -z (ent" dale) and aI/ ehan...
made during Ihe mectlng have been Ineorporaled in Ihe aliaehed documeal. Th,
Count Attorne 's Office has reviewed the chan es, if a licable.
I.
3.
4.
5.
6.
1(/1..1-
to,}
fb73
'CJr
3
Yes
(Initial)
A
,. 1'0,,,,,/ C"my Fo,"." Bee Fo'm<l O"g'no' n"'m,,,,, Romi,g Slip WWS O"gi", 90304, R",,,, 1'2605, R".,,,, 224 .05, R"'''d9, 18.09
ITEM NO.:
FILE NO.:
ROUTED TO:
DATE RECEIVED:
-
DA TE:
October 28,2009 RESUBMITTAL _ URGENT
BEQUEST FOR LEGAL SERVIC~
TO:
JENNIFER B. WHITE, ASSIST ANT COUNTY ATTORNEY
OFFICE OF THE COUNTY ATTORNEY
FROM:
Gary Bigelow
Real Property Management @ Ext. 8073
RE:
NeighborhoOd Stabilization Program (NSPJ Grant
Agreement for 4325 16th Street NE
A TT ACHMENTS:
(1) "As Is" FARBAR Contract & Addenda
(2) SUPPLEMENTAL DOCUMENTATION
Property Data Sheets/Certificate of Title
THIS ITEM liAS BEEN PREVIOUSLY SUBMI17ED.
-
THANK YOU VERY MUCH FOR YOUR ASSISTANCE!!
~
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