As Is Contract for Sale and Purchase #1
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS' AND THE FLORIDA BAR
"
DEUTSCHE BANK TRUST COMPANY AMERICAS, AS INDENTURE TRUSTEE FOR SAXON ASSET
" PARTIES: SECURITIES TRUST 2004-2. ("Seller"),
2' and COLLIER COUNTY, a political subdivision of Ihe Stale of Flonda .' ("Buyer"),
3 hereby agree that Seller shall sell and Buyer shall buy Ihe following described Real Property and Personal Property (collectively "PropertyM)
4 pursuant to the terms and conditionso( this Contract for Sale and Purchase and any riders and addenda ("Contract"):
5 I. DESCRIPTION:
6. (a) Leqal description of the Real Prooertv located in COLLIER County, Florida: WEST 180 FT,
7' TRACT 50, GOLDEN GATE ESTATES UNIT 71, PLAT BK 5, PG 7
B' (b) Street address, city, zip, of the Property:, 3420 24TI:lAVENE NAPLES, FL34120 . .
9 (c) Personal Property includes existing rangers), refrigerafor(s), dishwasher(s). ceiling fan(s), light fixture(s), and window treatment(s) unless
10 specifically excluded. below. .
11' Other Items included are: Not applicable
12'
13' Items of Personal Property (and leased items, if any) excluded are: Not applicable
14'
15' II. PURCHASE PRICE (U.S. currency): . . . . , . . . .
16 PAYMENT:
1 r (a) Deposit held in escrow by ("Escrow Agentj in the amount of (checks subiect to clearance)
18* Escrow Agent's address: Phone
19* (b) Additional escrow deposit fa be made to Escrow Agent within -D.l.cL' days after Effective Date In the amount of. .
20. (e) Financing in the amount of ("Loan Amount") see Paragraph rv below.
21" (djOther.........,......."....... .....................,.....".,............
22 (e) Balance to dose by cash, wire transfer Of" LOCALLY DRAWN cashier's or official bank check(s), subject
23* toadjustmentsorprorations.. ............. .................
24 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
25 (a) If this offer ;s nol executed by and delivered to aU parties OR FACT OF EXECUTION communicated in writing between the parties on or
26* before 10 davs from counteroffer , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. Unless other-
27 wise stated, the time for acceptance of any counteroffers sha/J be 2 days from the date the counteroffer is delivered.
28 (b) The dale of Contract ("Effective Dale") 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 thi~ Contract, then the "Effective Date" shall be the date determined above for
30 acceptance of this offer Of if applicable the final counteroffer. *DEPQSIT DUE WITHIN FIFTEEN (15) DAYS OF EFFECTIVE
31 III FINANCING' " DATE. COUNTEROFFERS INCLUDE ANY ADDENDA SUBMITTED
. . AFTER EITHER PARTY SIGNS.
32* _ill (a) This is a cash transaction with no contingencies for financing;
33* 0 (b) This Contract is contingent on Buyer obtaining written loan commitment which confirms underwriting loan approval for a loan to purchase
34' the Properly C'Loan Approval") within _ days [rt blank, then 30 days) after Effective Date C'Loan Approval Dale") tor (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 to{ a term of ~ years. Buyer will make application within _ days [rt 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 crose the loan. Loan Approval which requires a condition related to the sale of other property shaR
39 not be deemed Loan Approval for purpcses 01 this subparagraph. Buyer shall pay aN loan expenses, Buyer authorizes the mortgage broker(s) and
40 lerider(s) to disclose information regarding the conditions, status, and progress of loan application and Loan Approval to Seller, SeIler's attorney,
41 real estate licensee(s), and Qosing Agent.
42 SELLER: If Buyer does not deliver to SeOer wriften notice ot Loan Approval by Loan Approval Date, Seller may thereafter cancel this Contract by
43 defivering written notice ("Sefler's Cancellation Notice") to Buyer, but not later then seven (7) days prior to Closing. Sener's Cancellation Notice shall
44 notify Buyer that Buyer has three (3) days to deflver to Seller written notice waiving this Financing contingency, or the Contract "shall be canceled.
45 . DEPOSIT(S) (for purposes of this Rnancing Paragraph IV(b) only): If Buyer has used reasonable diligence but does not obtain Loan Approval
46 by Loan Approval Date, and thereafter either party elects to cancel this Contract, the deposit(s) shall be relurned to Buyer. If Buyer obtains Loan
47 Approval or waives this Rnandng contingency, and thereafter the Contract does not dose, then the deposit(s) shall be paid to Seller; provided how~
48 ever. if the taBurs to close is due to: Ii) Seller's failure or refusal to close or Seller otherwise fails to meet the terms of the Contract, or (ii) Buyer's Jender
49 fans 10 receive and approve an appraisal of the Property in an amount sufficient to meet the terms of the Loan Approval, then the deposit(s) shall be
50 returned to Buyer.
51"* 0 (c) Assumption of existing mortgage (see rider for terms); or
52* 0 (d) Purchase money note and morigage 10 SeUer (see "As Is" Standards Band K and riders; addenda; or special clauses for terms).
53* V. TITLE EVIDENCE: At least ~ days (if blank, then 5 days) before Closing a title insurance commitment with legible copies of instrumenls listed as
54 exceptions attached thereto ('Title Commitment") and, after Closing, an owners policy of title insurance (see Standard A for terms) shari be obtained by:
55* (CHECK ONLY ONE): I1Q (1) Seller, at SeJJers expense and delivered fo Buyer or Buyer's attorney; or
56* (2) Buyer at Buyer's expense.
5r (CHECK HERE): .:J If an abstract of title is 10 be furnished instead of title insurance, and atlach rider lor terms.
58* VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on DECEMBER 30, 2009 ("Closing'), unless
59 modified by other provisions of this Contract. In the event of extreme weather or other conditions or events constituting "force majeureM, Closing will be
30 extended a reasonable time until: (i) restoration of utilities and other services essential to Closing, and (ii) availability of Hazard, Wind, Flood, or Homeowners'
;1 * insurance. If such conditions continue more than ~~__ days (if blank, then 14 days) beyond Closing Date, then either party may cancel this Contract.
$
$57,800.00
$
N/A
$
$
$
N/A
$
$57,800.00
FAR/BAA ASIS.2 Rev. 9/07 lC) 2007 Florid.3 Associiltion 01 r-1tJ\LIOHS~. and nj(~ rlorida 8;j( All Righls Reserved Page 1 or 5
62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subjecl 10: comprehensive land use plans, zoning,
63 restrictions, prohibitions and oHler requirements imposed by governmental authority: restrictions and matters appearing on lhe plat or otherwise
64 common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; unplatted public utility easements of record
65 (located contiguous to real property lines and not more than 10 feet in width as to the rear or Iront lines and 7 1/2 feet in width as to the side
66 lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, jf any (if additional items, see
67* addendum); provided, that there exists al 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 othervvise 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 10 "AS IS" Standard
71 F. If occupancy is to be delivered before Closing, Buyer assumes aU risks of loss to Property from date of occupancy, shall be responsible and liable
72 for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy.
73 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewrilten or handwritlen provisions, riders and addenda shall conlrol 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 turther liability under this Contract; 0 may
7W assign but not be released from liability under this Contract; or rssr may not assign this Contract.
77 XI. DISCLOSURES:
7B (a) The Property may be subject to unpaid special assessmenl Iien(s) imposed by a pUblic bcdy ("public body" does not include a
79 Condominium or Homeowners' Association), Such iien(s), if any, whether certified, confirmed and ratified, pending, or payable in installments,
BO' as at Closing, shall be paid as follows: I!II by Seller at closing 0 by Buyer (if left blank, then Seller at Closing). If the amount at 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 Rorida,
85 Additional information regarding radon or radon testing may be obtained trom 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.
8B (d) Buyer acknowledges receipt of the Florida Energy'Efficiency Raling Information Brochure required by Section 553.996, F.S.
89 (e) It the Real Property includes pre,1 978 residential housing, then a lead,based paint rider is mandatory,
90 (Q It Seller is a "toreign person" as delined 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 TlONICOMMUNITY DISCLOSURE.
93 (h) PROPERTY TAX DISCLOSURE SUMMARY BUYER SHOULD NOT Ray ON THE SaLER'S CURRENT PRCPERTY TAXES AS THE AMOUNT
94 OF PROPERTY TAXES THAT THE BUYER MAY BE OBlIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER,
95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES.
96 IF YQU HAVE ANY QUESTlONS OONCERNING VALUATION, OONTACT THE COUNTY PROPERTY APPRAISER'S OFRCE FOR INFORMATION,
97 XII. MAXIMUM REPAIR COSTS: DELETED
9B' XIII. HOME WARRANTY: Q Seller 0 Buyer !!l N/A will pay tor 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 shaJ/ desire and utilities service shall be made available by the
102 SeHer 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 Selier prior to the expiration of the Inspection Pen'od. 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 VNFHA 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,g. SELLER WILL DELIVER THE COMPLETED AND
116' SIGNED W-9 TO BUYER SIMULTANEOUSLY WITH THE SIGNED CONTRACT.
117'
11 W SELLER WARRANTS PROPERTY IS VACANT AND SHALL REMAIN SO THROUGH CLOSING TO CDMPL Y WITH THE REQUIREMENTS OF THE
119' NEIGHBORHOOD ST A81L1ZA TION PROGRAM.
120'
121"
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.
_ _m_.~.__ _ ~
122'"
123'
124'
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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 throLigh Z on the reverse side or attached. which are incorporated as part of this Contract.
F/\R/BAR ASIS-2 Rev 0/07 l'd 2007 Florida Association of Rf_AL10f1S~ aCld The F:orida Bar All Rights Reserved Page 2 of 5
128 THIS IS INTENDED TO BE A LEGALLY BINDiNG CONTRACT. IF NOT FULLY UNDERSTOOD,
129 SEEK THE ADVICE OF AN ATIORNEY PRIOR TO SIGNING.
130 THIS "AS IS" FOR~A HAS BEEN APPROVED BY TflE FLORIDA ASSOCIATiON OF REALTORS' AND THE FLORIDA BAR.
131 Approval does not constitute an opinion that any of the terms and conditions in this Contracl 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' "SEE SIGNATURE BLOCK BELOW
13B (BUYER) --rD~
(SELLER)
(DATE)
137*
13B (BUYER) (DATE)
139* Buyers' address for purposes of notice Real Property Manaqe
140' 3301 Tamiami Trail East, Bldq. W, Naples, FL
141' (2391252-8991 Phone Phone
142 BROKERS: The brokers (including cooperating brokers, jf any) named below are the only brokers entitled to compensation in connection with
143 Ihis Contract: AMERIVEST REALTY
144' Name:, PERFECT PROPERTIES OF NAPLES
145 Cooperating Brokers, if any
(SELLER)
Sellers' address for purposes of notice
(DATE)
Listing Broker
Date Property acquisition approved by BCC:
March 24.2009. Item 10F ra
DATED: /J - /f' - :2.0,-, I
BUYER:
,~
,. ,t .,' tQ~:~e.k
s I.....twr.,~l'~.'..
..-'":~). .:\"".' ,,~~:)).
,... ,,' ..'
',_: . -,- - .
Approved as to form and
legal sufficiency:
~t )J(~
o >ll-t;k . County Attorney
PROPERTY ADDRESS:
3420 24th AVE NE NAPLES, FL 34120
FAR/BAR ASIS-2 Rev. 9/07 @ 2007 Florida Association of RtAlIOH~" and TllG Florida Bar All Rights Reserved Page 3 of 5
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
A. TITLE INSURANCE: The Title CmTlmitmenl shall be issued by a Florida licensed 11IIe insurer agreeing to issue Buyer. upon recording 01 the deed to Buyer,
an owner's policy at lille insurance in nIB amount of the purChase price. insuring Buyer's marketable title to the Real Properly, subject only to mailers contained
in Paragraph VII and those to be disch8rged by Seller at or before Closing. Marketable title shall be determined according to applicable Title Standards adopt-
ed by authority of The Florida Bar and in accordance with law. Buyer shall have 5 days from dale of receiving the Title Comrnitmenl to examine i!, and if title is
found defective. notify Seller in writing specifying defect(s) which render title unmarketable. Seller shall have 30 days frOIll receipt of notice to remove the
defects, failing which Buyer shall, within 5 days after expiration of the 30 day period, deliver written notice to Seller either: (1) extending the time for a reason"
able period no! 10 exceed 120 days within which Seiter shalt use diligent effort 10 remove the defects: or (2) requesting a refund of deposit(s) paid which shall
be returned to Buyer. If Buyer fails to so notify Seller, Buyer shalt be deemed to Ilave accepted the title as il then is. Seiter shall, if title is found unmarketable,
use diligent effort to correct defect(s) within the time provided. If, after diligent effort, Seller is unable to timely correct the defects, Buyer shall either waive the
defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from aI' further obligations under this Contract. If Seller is to provide the Tille
Commi1ment 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 trom date of receipt
to examine same in accordance with this "AS IS" Standard.
B. PURCHASE MONEY MORTGAGE,
SECURITY AGREEMENT TO SELLER:
Lines 159-168 DELETED
C, SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certi-
fied by a registered Florida surveyor. If the survey discloses encroachments on fhe Real Property ex that improvements located th8f"eon 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 lf1e Real Property sufficient for its intended use as described
in Paraqraph VII hereof and title to the Real Prooortv i~ in.~1 Jr!'lhle in accordance with "AS IS" StAnc1f1rn A withou1 exception for lack of legal right of access.
F. LEASES: lines 175-179 DELETED
G. LIENS: Seffer 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 potentiallienors known to Seller and further attesting that 1here 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
Jiens executed by all ge'leral contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth the names of all such gen-
eral contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a
construction lien or a claim for damages have been paid or will be paid a1 the Closing of this Contract.
H, PLACE OF CLOSING: Closing snail be held at the offICe of the attorney or other closing agent ("Closing
Agent") designated by the party paying for title insurance,
I. TIME: Calendar days shah be used in computing time periods except periods of less than six (6) days, in which event Saturdays, Sundays and state or nation-
allegal holidays Shaft bEi excluded. Any time periods provided for herein .....nich shall end on a Saturday, Sunday, or a legal holiday shall extend 10 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, biD of sale, certificate of title, cons1ruction Den affidavit, owner's possession affidavit, assignments of leas-
es, tenant and mortgagee eS10ppelletters and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement and fnancing statements.
K. EXPENSES: Documentary s1amps on the deed and recording of corrective instruments shaD be paid by Seller. All costs of Buyer's Joan (whether obtained
from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed,
mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer.
Unless otherwise provided by law or rider to this Contract, charges for related closing services, title search, and closing fees (including preparation of closing
statement), shal be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and oth8f expenses of the Property shalf 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 prora1ed. Cash at Closing shall be
increased .or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing. Advance
rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current
year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the currenl 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 miJIage. If current year's assess-
ment is not available, then taxes wiJ) be prorated on prior year's tax. ff there are completed improvements on the Real Property by January 1 st of year of Closing,
which improvements were not )n existence on January 1 sl of prior year, then taxes shall be prorated based upon prior year's millage and al an equitable assess-
ment 10 be agreed upon between the parties; falling which, request shall be made to the County Property Appraiser for an informal assessment laking 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 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 either take the Property as is, together with the 1.5% or receive a refund of deposit(s)
thereby releasing Buyer and Seller tram all further obligations under this Contract. Seller's sole obligation with respect to tree damage by casualty' or other natu-
ral occurrence shall be the cost of pruning or removal
P. CLOSING PROCEDURE: The,deed shall be recorded upon clearance of funds, I( the title agent insures adverse matters pursuant to Section 627.7841,
F.S., as amended, Ihe escrow and closing procedure required by this ~AS IS" Standard shall be waived. Unless waived as sel forth above the following
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
closing prOC8(jures Sh811 <3pply: (1) Bit closing proceeds shall be helrJ In escrow by the Closing Agcni fOf a period of no! morc IhoJn 5 days after Closing; (2)
if Seller's title is rendered unmarketable. through no faull of Buyer, Buyer shall, wilhin {he 5 day period, notify SeHer in writing of the defect and Seller shall
have 30 days from date of receipt of such notification to cure the defect; (3) If Seller fails to timely cure the defect. all deposits and closing funds shall, upon
wrillen demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously wilh such repayment, Buyer shall return the Personal
Property, vacate the Real Property and reconvey the Properly to Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand
for refund, Buyer shalf take lille as is, waiving all rights against SeHer as to any intervening defect except as may be available to Buyer by virtue of war-
ranties contained in the deed or bill of sale.
Q. ESCROW: Any Closing Agent or esc'row 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. tf 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 matler of the escrow unlil the parties hereto agree to its disbursement or until a judgment of a court of competent jurisdiction shall
determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents
a party and also acts as Agent may represent such party in such action. Upon notifying alf parties concerned of such action, all liability on the part of Agent
shall fully terminale, except to the extent of accounting lor any ilems previously delivered out of escrow. If a licensed real estate broker, Agent will comply with
provisions of Chapter 475, FS., 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 shalt recover reasonable attorney's lees 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 o/the prevailing party. The Agent shall no! be liable
to any party or person for misdelivery to Buyer or Seifer of items subject to the escrow, unless such misdelivery is due fa wiffful breach of the provisions of this
Contract or gross negligence of Agent.
R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such liti-
gation, which, for purposes of ttlis "AS IS" Standard, shall include Seifer, Buyer and any brokers acting in agency or nonagency relationships authorized by
Chapt€( 475, F.S.. as amended, shall be entitled to recover from the non. prevailing party reasonable attorney's fees, costs and expenses.
s. FAILURE OF PERFORMANCE: Lines
241-246 DELETED
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any notice of it shall be recorded in any public records.
This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and
one gender shan 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 Oncluding Mpdf") copy of this
Contract and any signatures hereon shall be considered for all purposes as an original.
U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or guardian's deed, as
appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at the
request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein.
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No mod-
ifreation to or change in this Contract sha" 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 SeHer'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 Dr 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 comp{;ance with governmental regulation which have not been disclosed to Buyer.
X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES; Seller shall maintain the Property, including,
but not limited to lawn, shrubbery, and pool in the condition existing as of Effective Date, ordinary wear and tear and Casualty Loss excepted. Seller shall. upon
reasonable notice, provide utilities service and access 10 the Property for appraisal and inspections, including a walk-through prior to Closing, to confirm that
alr rtems of Personal Property are on the Real Property and that the Properly has been maintained as required by this "AS IS" Standard. Seller wilf assign all
assiqnable repair and treatment contracts and warranties to Buyer at Closing.
y, 1031 EXCHANGE Lines 267-270 DELETED
contingent upon, nor extended or delayed by. such Exchange.
Z. BUYER WArVER 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 detects 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 !lev 9;07 GJ 2007 Florrda Assoclalion of Rl:I<I.IOI-{S~' alld TriG Florida 83r All r~ighls Reserved Page 5 of 5
MEMORANDUM
Date:
November 19,2009
To:
Gary Bigelow,
Property Acquisition Specialist
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
NSP Contract - 3420 24th Ave NE
Attached is the original document referenced above, (Agenda Item #10F),
approved by the Board of County Commissioners on March 24, 2009.
After Recording, please return the executed original to the Minutes and Records
Department for the Board's Official Record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Attachment (1)
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 docllment. Original documents should be hand delivered lathe Board Office. The completed routing slip and original
documents arc to be forwarded to the Board Office only!!ftt!: the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
ext,;C tion of the Chainnan's si nature, draw a line thrau h rautin lines #1 thrau #4, com lete the checklist, and forward to Sue Filson (line #5)
R!)ute to Addressee(s) Office Initials Date
(I...:i'St in routin order)
1.
2.
3.
Board of County Commissioners
/A
5. Ian Mitchell, BCC Office
Supervisor
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(Th~ primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
suwmary. 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 Bee Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the
item.
Phone Number
Agenda Item Number
Number of Original
Documents Attached
07"3
lOr
I
Ves
(Initial)
N/A (Not
A licable)
&vt?
1
~
i: Forms/ County Formsl Bce Forms/ Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9. ]8.09
I.
INSTRUCTIONS & CHECKLIST
Initial the Ves column or mark "N/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 arties 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 negotiated contract date whichever is a lieable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature 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 documenl was approved by the BCC on Uf 0 (enter dale) 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 Hcable.
o
3.
4.
5.
6.