Addendum #2
NEIGHBORHOOD STABILIZATION PROGRAM
Droperty Address: 2951 49th Street SW, Naples, FL 34116
Folio Number: 36448960006
SECOND ADDENDUM TO "AS IS" CONTRACT FOR SALE AND PURCHASE BETWEEN THE
UNDERSIGNED PARTIES CONCERNING THE PROPERTY AT
2951 49TH STREET SW. NAPLES. FL 34116
THIS ADDENDUM is entered into by and between FANNIE MAE a/k/a FEDERAL NATIONAL
MORTGAGE ASSOCIATION, Seller, and COLLIER COUNTY, a Political Subdivision of the State of Florida,
Purchaser. Purchaser and Seller have entered into that certain "As Is" Contract for Sale and Purchase
Goncerning the property at 2951 49th Street SW, Naples, FL 34116 (hereinafter referred to as "Property"), and that
c:ertain Real Estate Purchase Addendum (hereinafter re-titled First Addendum to "As Is" Contract for Sale and
Purchase), both dated of even date herewith, and Purchaser and Seller wish to amend the foregoing with the
following additional terms and conditions:
1. The Real Estate Purchase Addendum is hereby re-titled First Addendum to "As Is" Contract for Sale
and Purchase and shall hereinafter be referred to as "First Addendum," and the Supplement thereto is re-titled
".;upplement to First Addendum."
2. The "As Is" Contract for Sale and Purchase, the First Addendum, and this Second Addendum shall
",Jllectively constitute the agreement between the parties (hereinafter referred to as "Agreement"), and the
fI.greement shall be effective on that date upon which all three instruments have been executed by the last one
uf the Purchaser and Seller to sign.
3. The First Paragraph of the First Addendum, and its Supplement is revised to reflect that Seller is
Fannie Mae a/k/a Federal National Mortgage Association, and Purchaser is Collier County, a Political
~ubdivision of the State of Florida, and all requirements for initials or handwritten entries are waived.
4. The requirement for initials at the bottom of pages throughout the First Addendum and its Supplement
by both Purchaser and Seller is waived.
5. Paragraph 10 (a) of the First Addendum is revised to reflect that ad valorem and non-ad valorem
property taxes shall be prorated on a 365-day calendar or fiscal year as appropriate.
4. Paragraph 14 of the First Addendum is revised to reflect that a Special Warranty Deed is the only
acceptable form of deed for this conveyance.
5. Paragraph 16 (f) of the First Addendum is revised to reflect that Purchaser has not previously
purchased property from Fannie Mae a/k/a Federal National Mortgage Association.
6. The last paragraph of Paragraph 17 of the First Addendum is deleted in its entirety.
7. Paragraph 27 of the First Addendum is revised to reflect that Seller may not assign the Agreement
without express written consent of the Purchaser.
8. The Purchaser's signature block on Page 12 of the First Addendum shall be deleted and replaced by
the notation "See FollOWing Substitute Signature Page."
9. The Seller's signature block on Page 12 of the First Addendum is revised to reflect that Seller is
Fannie Mae, a/k/a Federal National Mortgage Association.
10. Page 12 of the First Addendum is further revised to reflect that there is no Purchaser's agent.
11. Page 13 of the First Addendum is revised to reflect that Purchaser's Attorney is: Jennifer B. White,
flssistant County Attorney, whose address is 3301 Tamiami Trail East, Naples, FL 34112, and whose telephone
(,umber is 239-252-8400, and any requirements for additional handwritten entries are waived.
1
NEIGHBORHOOD STABILIZATION PROGRAM
t:)roperty Address: 2951 49th Street SW, Naples, FI34116
Folio Number: 36448960006
12. The first paragraph of the first page of the Supplement to First Addendum is revised to reflect that
the NSP Funding entity is Collier County, a Political Subdivision of the State of Florida, and that the percentage
is 1%.
13. The Disclosure of Information on lead-Based Paint and/or lead-Based Paint Hazards attached to
the First Addendum is revised to reflect that Purchaser waives rights to conduct a risk assessment, and any
requirement for handwritten entries or initials are waived.
14. The Purchaser's signature lines at the bottom of The Disclosure of Information on lead-Based Paint
and/or lead-Based Paint Hazards shall be deleted and replaced by the notation "See Following Substitute
Signature Page."
15. The Notice of No Brokerage Relationship is not applicable and is deleted in its entirety, and all
requirements for signatures and dates are waived.
16. The Disclosure Regarding FDIC Insurance Coverage of Deposit Funds is not applicable since there
if no deposit, and is deleted in its entirety, and all requirements for signatures and dates 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
2pplicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the Purchaser and Seller have hereto executed this Second Addendum as of the
dates hereinafter stated.
Oate property acquisition approved by BCC:
October 27,2009, Item 16D8
DATED~6,'2D1D
ATTEST:
DWIGHT E. BROCK; Clerk
0...1'. ~id~
"1)- ,Deputv ;Ier;;-
l/
PURCHASER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY . ~ ' J L~) C ,,- Q<;t
Fred W. oyle, Chairman c~.
\ i
DATED:
SELLER:
FANNIE MAE a/k/a Federal National
Mortgage Association
BY:
PRINT NAME:
TITLE:
Approv
2
SUPPLEMENT TO THE REAL ESTATE PURCHASE ADDENDUM
REO A090T9C
Address 295149TH ST SW, NAPLES, FL34116
"The Purchaser represents that the Purchaser is eligible for Neighborhood Stabilization
Program (NSP) funds through
[insert name of NSP funding entity or designated partner] (the "Agency").
The purchase price for a property acquired with Agency NSP funds must be not more
than _ % (the "Agency NSP Discount Percentage) less than the appraised value of
the Property (the "NSP Appraised Value"), as determined by a URA appraisal or other
evidence of value acceptable to the Agency and obtained by the Purchaser at no
expense to the Seller (the "NSP Appraisal"). The NSP Appraised Value less an amount
equal to the Agency NSP Discount Percentage is the "Agency Maximum Purchase
Price". Accordingly, the following additional provisions apply to this Contract:
(a) Promptly following the Purchaser's execution of this Agreement, the Purchaser
shall provide to Seller or Seller's agent evidence of (i) the Purchaser's eligibility
to receive NSP funds through the Agency and (ii) the NSP Appraised Value,
each in such form as the Seller shall reasonably require, and shall provide a copy
of the NSP Appraisal to the Seller or to the Seller's agent upon request.
(b) If the Purchase Price stated in the Contract is less than the Agency Maximum
Purchase Price, the Purchase Price stated in the Contract shall be the Purchase
Price for the Property. If the Purchase Price stated in the Contract is more than
the Agency Maximum Purchase Price, the Purchaser shall have until the earlier
of (i) 5 days after the Purchaser's receipt of the NSP Appraisal or (ii) 15 days
after the date of this Agreement (the "Purchase Price Negotiation Deadline") in
which to negotiate a modified purchase price that conforms to Agency NSP
requirements.
(c) If (i) the Purchaser does not obtain a NSP Appraisal prior to the Purchase Price
Negotiation Deadline or (ii) the Purchase Price stated in the Agreement is more
than the Agency Maximum Purchase Price and the Purchaser and the Seller are
unable to agree upon a modified purchase price prior to the Purchase Price
Negotiation Deadline, either the Purchaser or the Seller shall have the right to
terminate the Contract as provided in Section 18 of this Addendum, in which
event the Seller shall return the Purchaser's earnest money deposit and the
parties shall have no further obligation under this Agreement except as to any
provision that survives termination pursuant to Section 24 of this Addendum.
(d) The Seller's obligations under this Agreement are contingent upon the Seller's
and the Purchaser's voluntary approval of the Purchase Price as negotiated
pursuant to this Addendum. If the Purchase Price negotiated on the basis of the
NSP Appraised Value (the "Appraisal Price") differs from the Purchase Price
offered by the Purchaser in the original Contract, and the Seller and the
Purchaser approve the Appraisal Price, the Seller and the Purchaser shall sign
an amendment to this Contract stating that the Appraisal Price is the Purchase
Price (the "Purchase Price Amendment"), and the Purchase Price shall be as
PURCHASER (Initials)
SELLER (InitialsL._.______
NSP PE 8-4~2009
stated in the Purchase Price Amendment. If the Seller does not approve the
Appraisal Price, or if either the Seller or the Purchaser does not sign the
Purchase Price Amendment, the Seller shall have the right to terminate this
Contract as provided in Section 18 of this Addendum, in which event the Seller
shall return the Purchaser's earnest money deposit and the parties shall have no
further obligation under this Agreement except as to any provision that survives
termination pursuant to Section 24 of this Addendum. If the Appraisal Price is
the same as or greater than the Purchase Price offered by the Purchaser in the
original Contract, no Purchase Price Amendment will be required and the parties
will proceed to closing on the original Contract terms using the Purchase Price as
stated in the Purchaser's original offer.
(e) The Seller acknowledges that Federal financial assistance will be used in the
transaction and that if agreement cannot be reached through negotiation, as
evidenced by both parties' execution and delivery of the Purchase Price
Amendment, the acquisition will not take place. The Seller is familiar with NSP,
understands its appraisal and pricing requirements, and agrees voluntarily to any
purchase price discount negotiated pursuant to clause (b) of this Section 38. The
Seller further acknowledges that the Purchaser is acquiring the Property
voluntarily and is not using any power of eminent domain to acquire the Property.
(I) At or prior to closing, the Purchaser shall deliver to the Seller a Statement of NSP
Eligibility issued by the Agency. The Purchaser is responsible for satisfaction of
all Agency requirements to maintain NSP eligibility. The Seller's obligations
under this Agreement are contingent upon the Purchaser's NSP eligibility,
provided, however, that if the Purchaser does not receive NSP funds at closing,
the Purchaser will have the right to close using non-NSP funds. If the Purchaser
does not receive NSP funds and does not elect to close using other funds, the
Seller shall have the right to terminate this Agreement as provided in Section 18
of this Addendum, in which event the Seller shall return the Purchaser's earnest
money deposit and the parties shall have no further obligation under this
Agreement except as to any provision that survives termination pursuant to
Section 24 of this Addendum.
(g) If the Seller terminates this Agreement for any reason permitted under the
Contract or this Addendum, the Seller shall have no obligation to payor
reimburse the Purchaser for the Purchaser's Closing Costs or for the cost of the
NSP Appraisal or for any other costs associated with NSP."
PURCHASER (Initials)
SELLER (Initials)
NSP PE 8-4-2009
DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS
REO Case #:
Loan #:
Property Address:
A090T9C
1701613744
295149" ST SW, Naples, FL 34116
lead Warning Statement
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property
may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in
young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral
problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real
property is required to provide the buyer with any information on lead, based paint hazards from risk assessments or inspections in the seller's
possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is
recommended prior to purchase, at purchaser's expense.
Seller's Disclosure (initial)
(a) Presence of lead-based paint and/or lead-based paint hazards (check one below):
D Known lead-based paint and/or lead-based paint hazards are present in the housing (explain):
cgJ Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the seiter (check one below):
o Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-
based paint hazards in the housing (list documents below).
cgJ Seller has no reports or records pertaining to lead-based paint and/or lead. based paint hazards in the housing.
Purchaser's Acknowledgment (initial)
lei
Id)
Ie)
o
o
Purchaser has received copies of all information listed above.
Purchaser has received the pamphlet Protect Your Family from lead in Your Home.
Purchaser has (check one below):
Received a IO-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the
presence of lead-based paint and/or lead-based paint hazards; or
Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-
based paint hazards.
PURCHASER AGREES THEY ARE PURCHASING THE PROPERTY "AS IS," WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE
CONDITION OF THE PROPERTY. PURCHASER FURTHER AGREES THAT SEllER AND ITS SERVICERS, REPRESENTATIVES, AGENTS, ATTORNEYS, OFFICERS,
DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS HAS NO RESPONSIBILITY OR lIABIUlY FOR, AND PURCHASER HEREBY UNCONDITIONAllY RELEASES
SELLER AND IT'S SERVJCERS, REPRESENTATIVES, AGENTS, ATTORNEYS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS FROM, ANY AND ALL
LIABILITY, BOTH KNOWN AND UNKNOWN, PRESENT AND FUTURE, THAT IS BASED UPON, OR RELATED TO, THE EXISTENCE OF LEAD OR LEAD-BASED PAINT ON
OR ABOUT THE PROPERTY.
Broker's/Agent's Acknowledgment (initial)
D.M
(f) Broker/Agent has informed the seller of the seller's obligations under 42 U.s.e. 4852d and is aware of
his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by
the signatory is true and accurate. Fannie Mae
By:
Seller
DU:wOc M~O'j.j.C'
Broker/Agent
Date
2/2/2010
Date
Seller
Date
Broker/Agent
Date
Purchaser
Date
Purchaser
Date
Jan 2009
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 2951 49th Street SW, Naples, FI 34116
Folio Number: 36448960006
SUBSTITUTE EXECUTION PAGE
Date property acquisition approved by BCC:
October 27,2009, Item 16D8
DATED tct>rvQ.n{S,2.DIO
ATTEST:
DWIGHT E. BROCK, Clerk
fo0~
~. ,Dep tyC
Attest.. to I
ll9llature 1)l'I1'
PURCHASER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Fred W Coyle, Chairman
-'-;'.J.. L~)
(,,:,\Q~
Approved as to form and legal sufficiency:
.,,\........,~
Jennifer B. e, Assistant County Attorney
I:B NOTICE OF NO BROKERAGE RELATIONSHIP @
."'u.<lL""'''S,,,Q
REALTOR" OPPOFnVNIH'
You should not assume that any real estate broker or sales associate represents you unless you agree to
engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a
transaction broker. You are advised not to disclose any information you want to be held in confidence
until you decide on representation.
NO BROKERAGE RELATIONSHIP NOTICE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO BROKERAGE
RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE THEIR DUTIES TO SELLERS
AND BUYERS.
As a real estate licensee who has no brokerage relationship with you,
AMERIVEST REALTY
(Name of Real Estate Brokerage)
and its Associates
owe to you the following duties:
1. Dealing honestly and fairly;
2. Disclosing all known facts that materially affect the value of residential real property which are
not readily observable to the buyer;
3. Accounting for all funds entrusted to the licensee.
(SIGNATURE)
(DATE)
(SIGNATURE)
(DATE)
(92007 Naples Area Board of REAL TORS@ and Association of Real Estate Professionals. Inc. All Rights Reserved. (NABOR 9/15/2007)
~
...,.,...
[B DISCLOSURE REGARDING FDIC INSURANCE COVERAGE OF DEPOSIT FUNDS @
~<>UAL HOUSING
REALTOR" OPF>OFlTUNITY
The Federal Deposit Insurance Corporation (FDIC) is an independent agency of the United States
government that protects depositors against the loss of their deposit funds if an FDIC-insured bank or
savings association fails.
Deposit funds in checking and savings accounts, money market deposit accounts and certificates of
deposit (CDs) are FDIC insured. Funds invested in stocks, bonds, mutual fund shares, annuities,
municipal securities and life insurance policies are not FDIC-insured, even if purchased from an
FDIC-insured bank or savings association.
On October 3, 2008, Congress temporarily increased FDIC deposit insurance coverage from
$100,000.00 to $250,000.00 per depositor, per FDIC-insured bank or savings association; i.e., all
de!)osits owned by and titled in one person or entity at a particular FDIC-insured bank or savings
association are combined, and the total deposit funds at that bank or savings association are insured
up to $250,000.00. The $250,000.00 limit is subject to change after December 31,2009.
Deposit funds tendered by a BuyerfTenant and held in an attorney, title company or Broker escrow
account ("Deposit Funds") are for insurability purposes deemed to be held directly in an account
owned by and titled in the BuyerfTenant, and are combined with any and all other BuyerfTenant
deposit accounts held by the institution holding the Deposit Funds. Therefore, if BuyerfTenant holds
any other deposits with the institution holding the Deposit Funds, BuyerfTenant is urged to
immediately contact that institution to confirm that all BuyerfTenant funds, including the Deposit
Funds, are fully FDIC insured.
BuyersfTenants and Sellers/Landlords are strongly encouraged to obtain the name of the bank or
savings association where the Deposit Funds have been or will be deposited, verify that said
institution is FDIC insured, and verify that the Deposit Funds as well as all other BuyerfTenant funds
are being held and titled in a manner that affords complete FDIC coverage should that institution fail.
The real estate attorney, title company or Broker holding the Deposit Funds shall have no obligation
to BuyerfTenant or Seller/Landlord to determine whether BuyerfTenant deposit funds are fully FDIC
protected and insured.
BuyersfTenants and Sellers/Landlords wishing to learn more about FDIC insurance coverage are
encouraged to visit the FDIC website at www.myfdicinsurance.gov or www.fdic.gov, or call the FDIC
at 1-877-ASK-FDIC (275-3342) for additional information. BuyersfTenants may calculate insurance
coverage using the FDIC on-line Electronic Deposit Insurance Estimator at www2.fdic.gov/edie.
Receipt of this Disclosure is acknowledged below.
(Seller's/Landlord's Signature)
(Date)
(Buyer's/Tenant's Signature)
(Date)
(Seller's/Landlord's Signature)
(Date)
(Buyer's/Tenant's Signature)
(Date)
1&)2008 Naples Area Board of REAL TORS@ and Association of Real Estate Professionals, Inc. All Rights Reserved. (NABOR 10/16/2008)