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Vacant Land Contract ..":'.,...,,'y':.:...:...... """:/', .. ., vac:."tLand Contraot ~""" AS$OCIA11ON OF REAlroRS" "\ :, \ 1 2' 3' 4 5' 6' 7' PARTIES AND DESCRIPTION OF PROPERTY 1, SALE AND PURCHASE: STATES RESOURCES CORP. and COLLIER COUNTY, a Political Subdivision of the State of Florida agree to sell and buy on the terms and conditions specified below the property ('Property') described as: Address: VACANT LOT - DOMINION DR. NAPLES FL 34112 Legal Description: LOT 20, BLOCK 6, AVALON ESTATES, UNIT NO.1, ACCORDING TO THE MAP OF THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 62, PUBLIC RECORDS OF COLLIER .COUNTY, FLORIDA PID# 22624480107 ("Seller") ("Buyer") S' g' 10' 11' 12' including all improvements and the follOWing additional property: NA 13' 14' 15 16' 2, PURCHASE PRICE: $ PRICE AND FINANCING 14,900.00 payable by Buyer in U.S. funds as follows: 17' 18' 19 20' 21' (a) $ 1.000.00 22' (b) $ 0.00 Deposrt rece"ed (checks are subject to clearance) on NA for delivery to FIDELITY NA T'L TITLE Signature Name of Company (Address of Escrow Agent) 15611 NEW HAMPSHIRE CT, FT. MYERS FL 33908 (Phone # of Escrow Agent) 239-770-0309 Additional deposit to be delivered to Escrow Agent by or_days from Effective Date (10 days If leff blank), by ("Escrow Agent") 23' 24. (c) (d) $ (e) $ o Total financing (see Paragraph 3 below) (express as a dollar amount or percentage) Other: NA 25' 0,00 13,900,00 Balance to ciose (not including Buyer's closing costs, prepaid items and prorations), All funds paid at closing must be paid by locally drawn cashier's check, official check or wired funds. 26' n 28' 0 (I) (complete only if purchase price will be determined based on a per unit cost Instead of a fixed price) The unit 29' used to determine the purchase price is 0 lot U acre U square foot 0 other (specify: ) 3D' prorating areas of less than a full unit. The purchase price will be $ per unit based on a calculation of 31 total area of the Property as certified to Buyer and Seller by a Florida-licensed surveyor in accordance with Paragraph 32' 8(c) of this Contract. The following rights of way and other areas will be excluded from the calculation: 33' 34' 3, CASH/FINANCING: (Check as applicable) <II (a) Buyer will pay cash for the Property with no financing contingency. 35' I,J (b) This Contract is contingent on Buyer qualifying and obtaining the commitment(s) or approval(s) specified below (the 36' "Financing") within _ days from Effect"e Date (if left blank then Closing Date or 30 days from Effect"e Date, whichever 37' occurs first) (the 'Financing Period"). Buyer will apply for Financing within _ days from Effective Date (5 days if left blank) 38 and will timely provide any and all credit, employment, financial and other information required by the lender, If Buyer, after 39 using diligence and good faith, cannot obtain the Financing within the Financing Period, either party may cancel this Contract 40 and Buyer's deposit(s) will be returned after Escrow Agent receives proper authorization frorn all interested parties. 41' 0 (1) New Financing: Buyer will secure a commitment for new third party financing for $ or 42. _ % of the purchase price at the prevailing interest rate and loan costs based on Buyer's creditworthiness. Buyer 43 will keep Seller and Broker fully informed of the loan application status and progress and authorizes the lender or 44 mortgage broker to disclose all such information to Seller and Broker, 40' 0 (2) Seller Financing: Buyer will execute a U first I.J second purchase rnoney note and rnortgage to Seller in the 46' amount of $ , bearing annual interest at ~ % and payable as follows: 47' 48 The rnortgage, note, and any security agreernent will be In a form acceptabie to Seller and will follow forms generally 19 accepted in the county where the Property is located; will proVide for a late payment fee and acceleration at the mortgagee's 50' Buyer l-J l-J and Seller l-J L-.J acknowledge receipt of a copy of this page, which IS Page 1 of 7 Pages, m ~ VAC.9 Rev_ 4/07 (0 2007 Florida Association of Rf.ALTORS. All Rights Reserved _lOll' ~ 51 option if Buyer defaults; will give Buyer the right to prepay without penalty all or part of the principal at any time(s) with 52 Interest only to date of payment; will be due on conveyance or sale; will provide for release of contiguous parcels, if 53 applicable; and will require Buyer to keep liability insurance on the Property, with Seller as add~ional named insured, Buyer 54 authorizes Seller to obtain credit, employment and other necessary information to determine creditworthiness for the 55 financing. Seller will, within 10 days from Effective Date, give Buyer written notice of whether or not Seller will make the loan, 56' U (3) Mortgage Assumption: Buyer will take trtle sublect to and assume and pay existing first mortgage to 51' 58' LN# in the approximate amount of $ currently payable at 59' $ per month including principal, interest, 0 taxes and Insurance and having a I:J fixed 0 other 66' (describe) 61' interest rate of % which 0 will I.J wlil not escaiate upon assumption, Any variance in the mortgage will be 62 adjusted in the balance due at closing with no adjustment to purchase price. Buyer will purchase Seller's escrow 63' account dollar for dollar, If the lender disapproves Buyer, or the interest rate upon transfer exceeds _ % or the 64' assumption/transfer fee exceeds $ , either party may elect to pay the excess, failing which thiS 65 agreement will terminate and Buyer's deposit(s) will be returned. 66 CLOSING 67 4, CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on "8' MARCH 26 ,2010 ("Closing Date"). Unless the Closing Date is specifically extended by the Buyer and Seller or 69 by any other provision in this Contract, the Closing Date shall prevail over all other time periods including, but not limited to, !O financing and feasibility stUdy periods. If on Closing Date insurance underwriting is suspended, Buyer may postpone closing up to 71 5 days after the insurance suspension is lifted, If this transaction does not close for any reason, Buyer will immediately retum all 7? Seller-provided title evidence, surveys, association documents and other items. 73 5, CLOSING PROCEDURE; COSTS: Closing will take place in the county where the Property is located and may be conducted 74 ~y mail or electronic means, If title insurance insures Buyer for title defects arising between the title binder effective date and 75 recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller (in local cashier's checks if Seller 76 requests in writing at least 5 days prior to closing) and brokerage fees to Broker as per Paragraph 17. In addition to other expenses 77 provided in this Contract, Seller and Buyer will pay the costs indicated below 78 (a) Seller Costs: 19 Taxes on the deed 80 Recording fees for documents needed to cure @e 81 Title evidence (if applicable under Paragraph 8) 8?' Other: SELLER'S CUSTOMARY CLOSING AND ESCROW FEES 83 (b) Buyer Costs: 84 Taxes and recording fees on notes and mortgages 85 Recording fees on the deed and financing statements 86 Loan expenses 87 Lender's title policy at the simultaneous issue rate 138 Inspections 89 Survey and sketch 90 Insurance 91' Other: BUYER'S CUSTOMARY CLOSING AND ESCROW FEES 92 (c) Title Evidence and Insurance: Check (1) or (2): 93' \Zl (1) The title evidence will be a Paragraph 8(a)(1) owner's title insurance comm~ment. \Zl Seller will select the title agent and 94' will pay for the owner's title policy, search, examination and related charges or r,J Buyer will select the title agent and pay for os' the owner's title policy, search, examination and related charges or 0 Buyer will select the title agent and Seller will pay for 90 the owner's title policy, search, examination and related charges, 97' 0 (2) Seller will provide an abstract as specified in Paragraph 8(a)(2) as title evidence. I:J Seller 0 Buyer will pay for the 98 owner's title poliCY and select the title agent. Seller will pay fees for title searches prior to closing, including tax search and 99 lien search fees, and Buyer will pay fees for title searches after closing (if any), title examination fees and closing fees. 100 (d) Prorations: The following items will be made current and prorated as of the day before Closing Date: reai estate taxes, 101 interest, bonds, assessments, leases and other Property expenses and revenues. If taxes and assessments for the current 102 year cannot be determined, the previous year's rates Will be used with adjustment for any exemptions. PROPERTY TAX 103 DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE 104 AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO 105 PURCHASE, A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE 106 PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY OUESTIONS CONCERNING 10- VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION, 108 (e) Special Assessment by Public Body: Regarding special assessments imposed by a public body, Seller will pay (i) the full 109 amount of liens that are certified, confirmed and ratified before closing and (ii) the amount of the last estimate of the assessment 110' Suyer L-J L-J and Seller L-J L-J acknowledge receipt of a copy ot this page, which is Page 2 of 7 Pages, IIAC"9 Rev. 4/07 @ 2007 Florida Association of REALTORS" All Rights Reserved ,,; if an improvement is substantially completed as of Effective Date but has not resulted in a lien before closing, and Buyer will pay 112' all other amounts, If special assessments may be paid in installments :.J Buyer Q Seller (if left blank, Buyer) shall pay Installments '13 due affer closing, If Seller is checked, Seller will pay the assessment in full prior to or at the time of closing. Public body does 114 not include a Homeowner Association or Condominium Association. 115 (I) Tax Withholdin9: If Seller is a "foreign person" as defined by FIRPTA, Section 1445 of the intemal Revenue Code 116 requires Buyer to withhold 10% of the amount realized by the Seller on the transfer and remit the withheld amount to the 117 Internal Revenue Service (IRS) unless an exemption applies. The primary exemptions are (1) Seller prOVides Buyer with an 118 affidavit that Seller is not a "foreign person", (2) Seller provides Buyer with a Withholding Certificate providing for reduced or 119 eliminated withholding, or (3) the gross sales price is $300,000 or less, Buyer IS an individual who purchases the Property to 120 use as a residence, and Buyer or a member of Buyer's family has de1inite plans to reside at the Property for at least 50% of 121 the number of days the Property is in use during each of the first two 12 month periods after transfer, The IRS requires Buyer 122 and Seller to have a U,S. federal taxpayer identi1ication number ("TIN"), Buyer and Seller agree to execute and deliver as 123 directed any instrument, affidavit or statement reasonably necessary to comply with FIRPTA requirements including applying 124 for a TIN within 3 days from Effective Date and delivering their respective TIN or Social Security numbers to the Closing Agent. 126 If Seller applies for a withholding certi1icate but the application is still pending as of closing, Buyer will place the 10% tax in 126 escrow at Seller's expense to be disbursed in accordance with the final determination of the IRS, provided Seller so requests 127 and gives Buyer notice of the pending application in accordance with Section 1445. If Buyer does not pay sufficient cash at 128 closing to meet the withholding requirement, Seller Will deliver to Buyer at clOSing the additional cash necessary to satisfy the 12', requirement. Buyer will timely disburse the funds to the IRS and provide Seller with copies of the tax forms and receipts. 130 (9) 1031 Exchange: If either Seller or Buyer wishes to enter into a like-kind exchange (either simultaneously with closing or 131 after) under Section 1031 of the Intemal Revenue Code ("Exchange"), the other party will cooperate in all reasonable respects 13? to effectuate the Exchange including executing documents; provided, however, that the cooperating party will incur no liability 133 or cost related to the Exchange and that the closing shall not be contingent upon, extended or delayed by the Exchange, 134 PROPERTY CONDITION 135 6, LAND USE: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, with conditions 136 resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will maintain the landscaping and 137 grounds in a comparable condition and will not engage in or permit any activity that would materially alter the Property's 138 condition without the Buyer's prior written consent. 139 (a) Flood Zone: Buyer is advised to verify by survey, with the lender and with appropriate govemment agencies which 140 flood zone the Property is In, whether flood insurance is required and what restrictions apply to improving the Property and 141 rebuilding in the event of casualty. 142 (b) Government Regulation: Buyer is advised that changes in government regulations and levels of service which 143 affect Buyer's intended use of the Property will not be grounds for canceling this Contract if the Feasibility Study 144 Period has expired or if Buyer has checked choice (c)(2) below, 145 (c) Inspections: (check (1) or (2) below) 146' <II (1) Feasibility Study: Buyer will, at Buyer's expense and within ~_ days from Effective Date ('Feasibility Study 147' Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for RESIDENTIAL 148' LAND BANK use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental 149 assessment and any other tests, analyses, surveys and investigations ('Inspections') that Buyer deems necessary to 150 determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and 151 zoning restrictions; subdivision statutes; soil and grade: availability of access to public roads, water, and other utilities; 152 consistency with local, state and regional growth management plans; availability of permits, govemment approvals, and 153 licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's 154 intended use. If the Property must be rezoned, Buyer wiil obtain the rezoning from the appropriate government agencies, 155 Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals, 150 Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility 157 Study Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and 158 assigns enter the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless 159 from losses, damages, costs, claims and expenses of any nature, including attorneys' fees, expenses and liability 160 incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of 161 any and all Inspections or any work authorized by Buyer, Buyer will not engage in any activity that could result in a 162 construction lien being filed against the Property without Seller's prior written consent. If this transaction does not 163 close, Buyer will, at Buyer's expense, (1) repair ail damages to the Property resulting from the Inspections and '54 retum the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports 16b and other work generated as a result of the Inspections. 166 Buyer will deliver written notice to Seller prior to the expiration of the Feasiblilty Study Period of Buyer's 167 determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement 108 will constitute acceptance of the Property as SUitable for Buyer's intended use in its "as IS" condition. If the Property 169 is unacceptable to Buyer and written notice of thiS fact is timeiy delivered to Seller, this Contract will be deemed 170 terminated as of the day affer the Feasibility Study period ends and Buyer's deposit(s) will be retumed after Escrow 171 Agent receives proper authorization from all interested parties. 172' 0 (2) No Feasibility Study: Buyer is satisfied that the Property is SUitable for Buyer's purposes, including being 173 satisfied that either publiC sewerage and water are available to the Property or the Property Will be approved for the 174 Buyer L-J L-J and Seller L-J L-J acknowledge receipt of a copy of this page, which is Page 3 of 7 Pages. VA,C-9 Rev. 4/07 @ 2007 Florida Association of REAllORS'" All Rights Reserved 17' installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations 176 and restrictions, such as subdivision or deed restrictions, concurrency, growth management and environmental 1 i7 conditions, are acceptable to Buyer, This Contract is not contingent on Buyer conducting any further investigations, 17R (d) Subdivided Lands: If this Contract is for the purchase of subdivided lands, defined by Florida Law as "(a) Any 179 contiguous land which is divided or IS proposed to be divided for the purpose of disposition into 50 or more lots, 18G parcels, units, or interests; or (b) Any land, whether contiguous or not, which is divided or proposed to be divided into 181 50 or more lots, parcels, units, or interests which are offered as a part of a common promotional plan.", Buyer may 182 cancel this Contract for any reason whatsoever for a period of 7 business days from the date on which Buyer executes 183 this Contract. If Buyer elects to cancel within the period provided, all funds or other property paid by Buyer will be 184 refunded without penalty or obligation within 20 days of the receipt of the notice of cancellation by the developer, 185 7, RISK OF LOSS; EMINENT DOMAIN: If any portion of the Property is materially damaged by casualty before closing, 186 or Seller negotiates with a govemmental authority to transfer all or part of the Property in lieu of eminent domain proceedings, 187 or if an eminent domain proceeding is initiated, Seller will promptly inform Buyer, Either party may cancel this Contract 188 by written notice to the other within 10 days from Buyer's receipt of Seller's notification, failing which Buyer will close in 189 accordance with this Contract and receive all payments made by the government authority or insurance company, if any. 190 TITLE 191 8, TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative 19' or guardian deed as appropriate to Seller's status. 193 (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in 194 accordance with current title standards adopted by the Florida Bar, subject only to the following title exceplions, none of 195' which prevent Buyer's intended use of the Property as RESIDENTIAL LAND BANK : covenants, easements and 196 restrictions of record; matters of plat; existing zoning and government regulations; oil, gas and mineral rights of record if 197 there is no right of entry; current taxes; mortgages that Buyer will assume; and encumbrances that Seller will discharge at 193 or before closing, Seller will deliver to Buyer Seller's choice of one of the following types of title evidence, 199 which must be generally accepted in the county where the Property is located (specify in Paragraph 5(c) the selected 200 type), Seller will use option (1) in Palm Beach County and option (2) in Miami"Dade County, 20, (1) A title insurance commitment issued by a Florida-licensed title insurer in the amount of the purchase price and 202 subject only to title exceptions set forth in this Contract and delivered no later than 2 days before Closing Date, 203 (2) An existing abstract of title from a reputable and existing abstract firm (IT firm is not existing, then abstract must be 204 certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the 205 Property recorded in the public records of the county where the Property is located and certified to Effective Date, 200 However IT such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer 207 as a base for reissuance of coverage, Seller will pay for copies of all policy exceptions and an update in a format 208 acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's clOSing agent, 709 together with copies of all documents recited in the prior poiicy and in the update. If a prior policy is not available to 210 Seller then (1) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. 211 (b) Title Examination: Buyer will examine the titie evidence and deliver written notice to Seller, within 5 days from receipt 212 of title eVidence but no later than Closing Date, of any defects that make the title unmarketable. Seller Will have 30 days 213 from receipt of Buyer's notice of defects ("Curative Period") to cure the defects at Seller's expense. If Seller cures the 214 defects within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on 215 Closing Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed, If Seller is unable to 216 cure the defects Within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 10 days from 217 receipt of Seller's notice, either cancel this Contract or accept title with existing defects and close the transaction. 218 (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written m notice to Seller, within 5 days from receipt of survey but no later than 5 days prior to closing, of any encroachments on 22C the Property, encroachments by the Property's improvements on other lands or deed restriction or zoning violations. Any 221 such encroachment or violation will be treated in the same manner as a title defect and Buyer's and Seller's obligations 222 will be determined in accordance with subparagraph (b) above. 223 (d) Coastal Construction Control Line: If any part of the Property lies seaward of the coastal construction control line as 22' defined in Section 161.053 of the Florida Statutes, Seller shall provide Buyer with an affidavit or survey as recuired by law 22' delineating the line's location on the Property, unless Buyer waives this requirement in writing. The Property being purchased ?'" may be subject to coastal erosion and to federal, state, or local regulations that govem coastal property, including delineation 2T of the coastal construction control line, rigid coastal protection structures, beach nourishment, and the protection of marine 228 turtles. Additional information can be obtained from the Florida Department of Environmental Protection, including whether 229 there are significant erosion conditions associated with the shoreline of the Property being purchased. 230' '..:I Buyer waives the right to receive a CCCL affidaVit or survey. 231 MISCELLANEOUS 232 9, EFFECTIVE DATE; TIME; FORCE MAJEURE: 233 (a) Effect"" Date: The "Effective Date" of this Contract is the date on which the last of the parties initials or signs and 234 delivers final offer or counteroffer. Time is of the essence for all provisions of this Contract. 23b (b) Time: All time periodS expressed as days will be computed in business days (a "business day" is every calendar day 736 except Saturday, Sunday and nationai legal holidays). If any deadline falls on a Saturday, Sunday or national iegal 237' Buyer L.....I L.....) and Seller L-J (~~) aCknowledge receipt of a copy of this page, which is Page 4 of 7 Pages. VAC-9 Rev, 4107 @ 2007 Florida Association 01 REALlcns'" All Rights Reserved 238 holiday, performance will be due the next business day. All time periods will end at 5:00 p.m, local time (meaning in the 239 county where the Property is located) of the appropriate day, 240 (c) Force Majeure: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable to 241 each other for damages so long as the performance or non-performance of the obligation is delayed, caused or prevented 242 by an act of God or force majeure. An "act of God" or "force majeure" is defined as hurricanes, earthquakes, ftoods, fire, 243 unusual transportation delays, wars, Insurrections and any other cause not reasonably within the control of the Buyer or 244 Seller and which by the exercise of due diligence the non-performing party is unable in whole or in part to prevent or 2" overcome. All time periods, including Closing Date, will be extended (not to exceed 30 days) for the period that the force 246 majeure or act of God is in place. In the event that such 'act of God" or "force majeure" event continues beyond the 30 247 days in this sub-paragraph, either party may cancel the Contract by delivering written notice to the other and Buyer's 248 deposit shall be refunded. 249 10, NOTICES: All notices shall be In writing and will be delivered to the parties and Broker by mail, personal delivery or 250 electronic media. Buyer's failure to deliver timely written notice to Seller, when such notice is required by this Contract, 251 regarding any contingencies will render that contingency null and void and the Contract will be construed as if the 252 contingency did not exist. Any notice, document or item delivered to or received by an attorney or licensee Qncluding a 253 transaction broker) representing a party will be as effective as if delivered to or by that party, 054 11, COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller, Except for brokerage 255 agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. 256 Modifications of this Contract Will not be binding unless in wnting, signed or initialed and delivered by the party to be bound. 25i This Contract, signatures, initials, documents referenced in this Contract, counterparts and written modifications 258 communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten 259 or typewritten terms inserted in or attached to this Contract prevail over preprinted terms, If any provision of this Contract is or 260 becomes invalid or unenforceable, all remaining provisions will continue to be fully effectIVe, Buyer and Seller will use diligence 261 and good faith in performing all obligations under this Contract. This Contract will not be recorded in any public records. 262 12, ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms 263 'Buyer," "Seller," and "Broker" may be singular or plural. This Contract is binding on the heirs, administrators, executors, 264 personal representatives and assigns (if permitted) of Buyer, Seller and Broker. 265 DEFAULT AND DISPUTE RESOLUTION 266 13, DEFAULT: (a) Seller Default: If for any reason other than failure of Seller to make Seller's title marketable affer diligent effort, 267 Seller fails, refuses or neglects to perform thiS Contract, Buyer may choose to receive a return of Buyer's deposit without 263 waiving the right to seek damages or to seek specific performance as per Paragraph 14, Seller will also be liable to Broker for 26C the full amount of the brokerage fee, (b) Buyer Default: If Buyer fails to perform this Contract within the time specified, including 270 timely payment of all deposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated 271 damages or to seek specific performance as per Paragraph 14; and Broker will, upon demand, receive 50% of all deposits m p3id and agreed to be paid (to be split equally among Brokers) up to the full amount of the brokerage fee, 273 14, DISPUTE RESOLUTION: This Contract will be construed under Rorida law All controversies, claims, and other matters in 274 '1uestion ansing out of or relating to this transaction or this Contract or its breach will be settled as follows: 275 (a) Disputes concernin9 entitlement to deposits made and agreed to be made: Buyer and Seller will have 30 days from 276 the date conflicting demands are made to attempt to resolve the dispute through mediation, If that fails, Escrow Agent 271 will submit the dispute, if so required by Flonda law, to Escrow Agent's choice of arbitration, a Florida court or the 278 Florida Real Estate CommiSSion ("FREC"). Buyer and Seller will be bound by any resulting award, judgment or order. A 279 broker's obligation under Chapter 475, FS and the FREC rules to timely notify the FREC of an escrow dispute and timely 280 resolve the escrow dispute through mediation, arbitration, interpleader, or an escrow disbursement order, if the broker so 281 chooses, applies only to brokers and does not apply to title companies, attomeys or other escrow companies. 282 (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to 283 resolve the matter through mediation, failing which the parties will resolve the dispute through neutral binding 284 arbitration in the county where the Property is located. The arbitrator may not alter the Contract terms or award any 285 remedy not proVided for in this Contract. The award will be based on the greater weight of the evidence and will 286 state findings of fact and the contractual authority on which it is based. If the parties agree to use discovery, it will 287 be in accordance With the Florida Rules of Civil Procedure and the arbitrator will resolve all discovery-related 288 disputes. Any disputes with a real estate licensee named in Paragraph 17 will be submitted to arbitration only if the 289 licensee's broker consents in writing to become a party to the proceeding. This clause will survive closing. 290 (c) Mediation and Arbitration; Expenses: 'Mediation" is a process in wllich parties attempt to resolve a dispute by 291 submitting IT to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a 292 settlement on the parties. Mediation will be in accordance with the rules of the American Arbitration Association ("AAp,") or 29C, other mediator agreed on by the parties, The parties will equally divide the mediation fee, if any. "Arbitration" is a process in 294 which the parties resolve a dispute by a hearing before a neutral person who decides the matter and whose decision is 290 binding on the parties. Arbitration will be in accordance with the rules of the AAA or other arbitrator agreed on by the parties, 29f, Each party to any arbitration will pay Its own fees, costs and expenses, Including attomeys' fees, and will equally split the 297 arbitrators' fees and administrative fees of arbitration. In a civil action to enforce an arbitration award, the prevailing party to the 298 arbitration shall be entitled to recover from the nonprevailing party reasonable attorneys' fees, costs and expenses. 299' Buyer L-J L-J and Seller L-J L-J acknowledge receipt of a copy of this page, which is Page 5 of 7 Pages. VAC-9 Rev. 4/07 @ 2007 Florida Association of REALTORS'" All Rights Reserved 300 ESCROW AGENT AND BROKER 301 15, ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items in 302 escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms 303 of this Contract, including disbursing brokerage fees, The parties agree that Escrow Agent will not be liable to any person for 304 misdelivery of escrowed items to Buyer or Seller, unless the misdelivery is due to Escrow Agent's willful breach of this 305 Contract or gross negligence. if Escrow Agent interpleads the SUbject matter of the escrow, Escrow Agent will pay the 306 filing fees and costs from the deposit and Will recover reasonable attorneys' fees and costs to be paid from the 307 escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. All claims 308 against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 309 16, PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to venfy all facts and representations 310 that are important to them and to consult an appropriate professional for legai advice (for example, interpreting contracts, 311 determining the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, the 312 effect of property lying partially or totally seaward of the Coastal Construction Control Line, etc,) and for tax, property 313 condition, environmental and other specialized advice. Buyer acknowledges that Broker does not reside in the Property 314 and that all representations (oral, written or otherwise) by Broker are based on Seller representations or public records, 315 Buyer agrees to rely solely on Seller, professional inspectors and governmental agencies for verification of the Property 316 condition and facts that materially affect Property value, Buyer and Seller respectively will pay all costs and expenses, 317 Including reasonable attorneys' fees at all levels, incurred by Broker and Broker's officers, directors, agents and employees 318 In connection With or arising from Buyer's or Seller's misstatement or failure to perform contractual obligations, Buyer 319 and Seller hold harmless and release Broker and Broker's officers, directors, agents and employees from all liability for 320 loss or damage based on (1) Buyer's or Seller's misstatement or failure to perform contractual obligations; (2) Broker's 321 performance, at Buyer's and/or Seller's request, of any task beyond the scope of services regulated by Chapter 475, 32;' F.S., as amended, including Broker's referral, recommendation or retention of any vendor: (3) products or services 323 provided by any vendor; and (4) expenses Incurred by any vendor. Buyer and Seller each assume fuil responsibility for 124 selecting and compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. For 325 purposes of this paragraph, Broker will be treated as a party to this Contract. This paragraph will survive closing. 326 17, BROKERS: The Iicensee(s) and brokerage(s) named below are collectively referred to as "Broker." Instruction to Closing 327 Agent: Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in 328 separate brokerage agreements with the parties and cooperative agreements between the brokers, except to the extent 329 Broker has retained such fees from the escrowed funds, In the absence of such brokerage agreements, closing agent will 330 disburse brokerage fees as indicated below, This paragraph will not be used to modify any MLS or other offer of 331 'compensation made by Seller or listing broker to cooperating brokers, 332' MARY WILLKOMM 333* Selling Sales Associate/License No. TO BE PROVIDED PERFECT PROPERTIES OF NAPLES, INC Selling Firm/Brokerage Fee: ($ or % of Purchase Price) TaD BY SELLER 334' ROBERT CUCCINELLO 335' LIsting Sales Associate/License No. 3055111 HOMES AND LAND BROKERS,INC Listing Firm/Brokerage fee: ($ or % of Purchase Price) TaD BY SELLER 336 ADDITIONAL TERMS 337' 18, ADDITIONAL TERMS: 33;J' 339' 340. 341 PROPERTY BEING SOLD AS-IS WHERE IS CONDITION, SELLER WILL NOT MAKE ANY REPAIRS TO 142' THE PROPERTY. 343* 344' LINE 17 -IS REVISED TO REFLECT THAT DEPOSIT SHALL BE PAID WITHIN FIFTEEN (15) DAYS OF 345' EXECUTION BY THE LAST ONE OF THE BUYER AND SELLER TO SIGN, AND ALL REQUIREMENTS C16' FOR HANDWRITTEN ENTRIES OR INITIALS ON LINES 17 THROUGH 25 ARE WAIVED. 347' LINES 50, 110, 174,237,299, 358, & 399 REQUIRING INITIALS BY BOTH BUYER AND SELLER ARE 348' DELETED IN THEIR ENTIRETY, AND ANY REQUIREMENTS FOR BUYER AND SELLER TO INITIAL ARE 349' WAIVED. 350' 351' LINE 73 - 5. CLOSING PROCEDURE; COSTS: IS REVISED TO REFLECT THAT CLOSING WILL TAKE 352' PLACE AT THE LOCATIONS OF THE SELLER'S TITLE AGENT. 353' 354' LINE 191 - 8. TITLE: IS REVISED TO REFLECT THAT A SPECIAL WARRANTY DEED WILL BE THE ONLY 355' ACCEPTABLE DEED FOR CONVEYANCE OF THE PROPERTY. 356' 357 308' Buyer (-----.J L-----1 and Seller L-----1 L-----1 acknowledge receipt of a copy of this page, which is Page 6 of 7 Pages. '/AC-9 Rev, 4/07 @ 2007 Florida Association of REALTORS'. All Rights Reserved 359' LINE 201 - 8, TITLE SUBPARAGRAPH (1) IS REVISED TO REFLECT A COPY OF THE TITLE INSURANCE 360' COMMITMENT SHALL BE DELIVERED TWO (2) WEEKS BEFORE THE CLOSING DATE. 361' 362' LINE 333 IS REVISED TO REFLECT THAT SELLING SALES ASSOCIATE/LICENSE NO. WILL BE PRO- 363' VIDEO TO SELLER BY THE AGENT, AND ANY REQUIREMENT FOR HANDWRITTEN ENTRY OR 364' INTIALS IS WAIVED, SELLING FIRM/BROKERAGE FEE WILL NEED TO BE PROVIDED BY THE SELLER 365' AND ANY REQUIREMENT FOR HANDWRITTEN ENTRY OR INITALS IS WAIVED; AND LISTING FIRM/ 366' BROKERAGE FEE WILL BE PROVIDED BY SELLER AND ANY REQUIREMENT FOR HANDWRITTEN 367' ENTRY OR INITIALS IS WAIVED, 368" 369' LINE 386- THE NOTATION IN BUYER'S SIGNATURE BLOCK THAT READS "SEE ATTACHED SUBSTITUTE 370' SIGNATURE PAGE" IS ACCEPTABLE, AND ANY REQUIREMENTS FOR INITIALS ARE WAIVED, 371' 372' LINES 394 THROUGH 397 ARE TO BE COMPLETED BY SELLER OR SELLER'S AGENT AND ANY 373' REQUIREMENT FOR HANDWRITTEN ENTRIES OR INITIALS ARE WAIVED. 374' 3/5' 376 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attomey prior to signing, 377 OFFER AND ACCEPTANCE 37F' (Check if applicable: 0 Buyer received a written real property disclosure statement from Seller before making this Offer.) 379 Buyer offers to purchase the Property on the above terms and conditions, Unless this Contract is signed by Seller and a 380' copy delivered to Buyer no later than 5:00 0 a,m. III p,m, on FEBRUARY 8 ,2010 , this offer will be 38' revoked and Buyer's deposit refunded subject to clearance of funds. 382 COUNTER OFFER! REJECTION 383' 0 Seller counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the counter offered terms and deliver a 384 copy of the acceptance to Seller, Unless otherwise stated, the time for acceptance of any counteroffers shall be 2 days from 385' the date the counter is delivered. IJ Seller rejects Buyer's offer. 386' Date: 38r Buyer: Print name: '''SEE ATTACHED SUBSTITUTE SIGNATURE PAGE'" 388" Date: 389' Phone: 390' Fax: 391' E~mail: Buyer: Print name: Address: 392.' Date: 393 Seller: Print name: _STATES RESOURCES CORP. 39": Date: 395' Phone: 396' Fax: 391" E-mail: Seller: Print name: Address: 398' Effective Date: ____ _~_ (The date on which the last party signed or initialed and delivered the final offer or counteroffer.) 399' Buyer (-----! L-J and Seller L-J L-) acknowledge receipt of a copy of thiS page, which is Page 7 of 7 Pages, The Florida Association of REALTORS and local BoardIAssociation of REALTOAS make no representation as to the legal validity or adequacy of any provision of this form in any specifIC tr:msaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is avaWable for use by the entire real estate industry and is not intended to identify the user as a REAl-TOR. REALTOR is a registet'9d collective membership marit that may be used only by real estate licensees who are members of the National Association of REALTORS and who subscribe to its Code of Ethics. The co~t laws of the Urited States (17 U.S. Code) forbid the unauthorizoo rfl)rcx1Jction of blank loons by <:lily mf'.ans inauditg facsmile or computerized fom1S ',IA.C.g Rev. 4/07 @ 2007 Florida Association of RrALTOns'" All Rights Res8r\1ed NEIGHBORHOOD STABILIZATION PROGRAM Property Address; VACANT LAND - No Site Address, Dominion Drive, Naples, FL 34112 Folio Number: 22624480107 Legal: Lot 20, Block 6, Avalon Estates, Unit No, 1, according to the map of the plat thereof as recorded in Plat Book 3, Page 62, Public Records of Collier County, FL SUBSTITUTE EXECUTION PAGE Date Property acquisition approved by BCC: October 27,2009, Item 1608 AS TO BUYER: DATED:.fclJvvdnf .~12..010 ATTEST: _ DWIGHT E, BROCK; Clerk ,: ,Qe Attest as w CIlI1 "lIItturt ..11. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: "jt t~ Lv. C,r~'Y~\.z Fred W, Coyle, Chairman) Approved as to form and legal sufficiency: ~~.~ Jennl er B, White Assistant County Attorney ~jetails Page 1 of 1 tc:I:l:mlI Property Record Aerial Sketches Trim Notices I &j #, 8J Parcel No,I122624480107 Current Ownership Property Addressl NO SITE ADDRESS 1 10 Owner Name STATES RESOURCES CORP Addresses 4848 S 131 ST ST City OMAHA State II NE zipll68137 - 1822 Legalll AVALON EST UNIT 1 BLK 6 LOT 20 Section Township Ran e Acres , 13 50 25 0,14 Sub No, 173200 II AVALON ESTATES UNIT 1 .i~ Use Coc;lf;! II VACANT RESIDENTIAL Map No, 5A13 Strap No, 1732006205A13 Il~ Millaae Areall..i~Millage II Total IISChOOl1 II 279 II 6,6133 II 11,8523 115239 I I.See1nstryctiQH& for Ca.lcul.ations I 2009 Final Tax Roll (Subject to Change) Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value II $ 57,960.00 I : (+) Improved Value II $ 0,00 I I (=) Just Value II $ 57,960,00 I I H SOH Exempt Value & Other Exemptions II $ 0.00 I I (=) Assessed Value II $ 57,960,00 I (-) Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 57,960,00 . (=) School Taxable Value (Used for School Taxes) 57,960.00 . ;OH - "Save Our Homes" exempt value due to cap on assessment 'ncreases Book - Page 4502 - 1071 Amount $ 300,00 tc:I:l:mlI The Information is Updated Weekly. I.: ip://www.collierappraiser.comlRecordDetail.asp?Map=&F 01 jolD=0000022624480 1 07 1/25/2010 Print Map Page 1 of 1 SI'fftfoUIlIfl P~rcel. Suc.dl,'lIlons AlI1l.lsZOO'I[f1hlCtl Ufb.lnJ At""41'J ZOO9\ZfI:.ET] Budding footp"nls Cull,,,", County Folio Number: 22624480107 Name: STATES RESOURCES CORP Street# & Name; NO SITE ADDRESS Legal Description: AVALON EST UNIT 1 BlK 6 LOT 20 @2004. Collier County Propert'y Appra,ser. V'Vnile the Collier County Property Appraiser is rommltled to providing the most accurate and up-to-dale information. no warranties expressed or implied are provided for the data herein, its use. or its interpretation http://rnaps,collierappr~iser ,comJweb..rn!E!~apprint.aspx?title=&orie~t.=LANDSCAPE&pa", 1/25/2010 Details .~ Property Record Aerial Sketches ~ Parcel No,I1226244801 07 Current Ownership Property Addressll NO SITE ADDRESS Owner Namell STATES RESOURCES CORP Addressesl14848 S 131 ST ST Cltyll OMAHA II State II NE Legalll A V ALON EST UNIT 1 BLK 6 LOT 20 I Section Township Range Acres : , 13 50 25 0,14 Sub No, 173200 I AVALON ESTATES UNIT 1 '" UIQ CQ.~ I VACANT RESIDENTIAL 2009 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll ! Land Value II $ 57,960,00 II Date i (+) Improved Value II $ 0,00 1110/2009 (=) Just Value I $ 57,960,00 I , H SOH Exempt Value & Other Exemptions I $ 0.00 I (=) Assessed Value $ 57,960,00 (-) Homestead and other Exempt Value $ 0,00 I (=) Taxable Value II $ 57,960,00 I I (=) School Taxable Value (Used for School Taxes) II $ 57,960.00 I SOH = "Save Our Homes" exempt value due to cap on assessment Increases. .~ The Information is Updated Weekly Page 1 of 1 Trim Notices I ~ ZiPl168137 -1822 Ma No, 5A13 Stra No. 173200 6 205A 13 ~ MiIJ!W.t.Area I .':;MiII!W.@ II Total IISchOOl1 279 I 66133 1111,8523 I~ I"see Instructions for Calcul~lior]s I Latest Sales History Book. Page 4502 - 1071 Amount I $ 300,00 1 http://www,collierappraiseLcom/RecordDetai l,asp?Map=&F olio! Dc~0000022624480 1 07 1/13/2010 Print Map Page 1 of 1 SIIMtN_ Pa<caols S"bdlylslons A~IJlISlOO9I61"(l\Urt)""1 1\"",..111 200'1l 12 FEETI BUildl,lgfO(>tp,mtll Collil'" County Folio Number: 22624480107 Name: STATES RESOURCES CORP Street#: & Name: NO SITE ADDRESS Legal Description: AVALON EST UNIT 1 BlK 6 LOT 20 @2004. Collier County Property Appraiser, While the Collier County Property Appraiser is committed to providing the most accurate and up.to-date Information, no warranties expressed or Implied are provided forthedataherein,itsuse,oritsinlerprela!'on http://maps,collierappraiser.com/webmap/mapprint.aspx?title~&orient~ LAN DSCAPE&pa.., 1/13/2010 www,sunbiz,org - Department of State Page 1 of2 I Previous on List I No Events Next on List Return To List IEntity Name Search Submit I No Name History Detail by Entity Name Foreign Profit Corporation STATES RESOURCES CORP. Filing Information Document Number F01000005571 , FEIIEIN Number 470788551 I Date Flied 10/25/2001 i State IA I Status ACTIVE Principal Address 4848 S 131ST OMAHA NE 68137 ~ailing Address 1848 s. 131ST I ~)MAHA NE 68137 I Registered Agent Name & Address I EDDY, ROBERT K ESQ 808 W DELEON STREET T Il,MPA FL 33606 US Name Changed: 10/06/2006 Address Changed: 10/06/2006 Officer/Director Detail I Name & Address , Title VST I I VARDAMAN, BLAKE 14848 S 131ST ST OMAHA NE 68137 TitieCD VARDAMAN, RANDAL 4848 S 131ST ST OMAHA NE 68137 Title P DOUGLAS, GLENN 4848 S 131ST ST I OMAHA NE 68137 I Annual Reports http://www,sunbiz,org/scripts/cordet.exe?action=DETF1L&in~ doc_number= FO 1 0000055.., 1/13/2010 ,vww,sunbiz,org - Department of State Report Year Filed Date 2008 04/21/2008 2009 01/12/2009 2010 01/05/2010 Document Images ':,1i()5,2i)10 -- ;\NNU.\L RL~PI)RT ')1/12'2ul)C) /-\~mU,\1 i~)I:!)I'JRT ("j4i:~1/21108 --/\NNIj/.,I_ i::;:EP'V<T .)7/11/2007-- 1~,r'JNUAl_ REPORT 10/06/2006 -- R"g f\.gent Change 03/20/2006 -- ANNUAL REPORT 03/21/2005 -- ANNUAL REPORT 03/18/2004 -- ANNUAL REloORT 03/25i2003 -- ANNUAL REPORT 09/16/2002.. RFINSTATFMENT 10/25/2001 F nrl;lgn Pr'Jflt Page 2 of2 View image in PDF format View image in PDF format View image in PDF format View image In PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format ; 1 Note: This is not official record. See documents if question or conflict. ! PX(;tyJQ.Ys on List I No Events l No Name History Ne~t on '-is! Return To List !Entity Name Search Submit I 1,.,-,' http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~doc_number=FOI0000055...III3/20 10 ... PJSTR 4354110 OR 4502 PG 1071 RECORDED 10/21/2009 10:59 AM PAGES 1 ... DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@,70 $2,10 REC $10,00 mNS $300,00 ,,\ . . fN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA STATES RESOURCES CORP" Plaintiff(s) Vs, CASE NO, 08-8397-CA-Ol CALIXTO MONTENEGRO, Defendant(s) CERT F ITLE The undersigned, DWIGHT E, BRC}e \I' .~' '~~urt, certifies that he executed and filed a Certificate of Sale inthf~. non Septemo ~,j:U.09, for the property described herein, and that no objections tJ1/th~sll~e have been filed wi 'n t~ time allowed for filing objections, The following pr?l'eryt il\j;;Q,TIie~~~i(\lorida\\ '\ Parcell: Lot I and that port.! n ' tea ea' s' . es lution No, 96-139 in O,R, Book 2315, Page 1575, andTR... ,.11 d t" I; ;~tr'i' No.7. =oroi" '0 ili, map or plat thereof as recor~~~ 0, ;~~~~ecords of Collier County, Florida, \~.~ _\! ;' ,"" ~parceI2: Lot 20, Block 6, Ava;~E.. es, Unit.No, l..::~;~%the map or plat thereof as recorded in Plat Book 3, Page(s) 62:..~,oli' Etc~r9_~_Il~#County, Florida, ",,1/ f (\ \Z~:>:/ Parcel 3: Lot IS, Block 244, Golden Gate:trmt-Nrr:7;according to the map or plat thereof as recorded in Plat Book 5, Page(s) 135, Public Records of Collier County, Florida, was sold to STATES RESOURCES CORP" 4848 S, 131" Omaha, NE 6813 7, Bid Amount:$300,OO WITNESS my hand and seal of the court on October 13,2009, DWIGHT E, BROCK, Clerk of the Circuit Court co ,..,. = ~ '"' = '"" ..~ JI. r <::) rn ~:... ~, c-:> '"71 5'~' -t c'') := 0 1':;" 0 W ~~!:'1 r, "1 0 C.,',,", "......:J , 3 .~.,. :~'o "'" ..' -,~ -0 _: c: ::!: ,', ~ ;.....' --l - V> '. n U1 I,i,' ';';-"('~1:;i;'>; :;tates Resources Corp - Omaha, Nebraska (NE) I Company Profile ,~::' ,:,3,T/H,':l67 ddoyou<company COlTlp,HW>S us /'u<,1r:JII:J, :,In'lda, u r<, 'iinII<Whj(~ I.~~s()"rces: ',,'Id,"(:, Jel;'; p'Jlts/lr;l" Pdp~rc. .JOIllU,; I) U,S. business name, category. location :;EARCI\ Page 1 01'2 BUC;1I1PSS Center's Sln:,>I: 1301 ~:,I,'s ~:\I)ertl';e, I-1F~ Trdv'ci, C:lreer, T'!ch ,,,,jei\,l! -')illU,li'V if, ~v' ,!ii' us On1a11i1, Nt:: ~i:nnClal LC:'cH\ B(,;f<.ciS Loon A(,)f'nls ~tates ResourceslI9lplEont~f,JJt~llJ!g.c~;:ilimcu~~lJbJIadtllf~treot:ilif1ljnsw",rs States Resources Corp ";liw"Y"UI ,:ulllp;my',' 4HIH3 S LJ1st St (1mahd, r~F 6813/ 1.':;/) Ci'iHI1 rh,sl'rdil" Phone: (.10)) H9~r)nb Website: \N'.vwgo4st.]tf.>s ('orn' Ads I)y Google f\'t~$sj",,_eJ~QJQ t9i1TI\'ltiQ[1 A little Known Mining (,'OinPdny Has Discovered Something Uig New Rpt Corp Nevgdg - Free Bk ~trClterjl(>S, Seuds, FAQ. Pe!ic~ble, SIIl!:e 1989_ JOk corp<; torll1ed 3 Top Gold Investments J [,bY 'ili1y~; L) PIOllt irUIIl Cole! '; P,I"',,' ',,-/,t'loul f-llIYillC) 1)lll' ()Urld' nw dch <)rc ",ot dff'!ldtL'd Wlnl ,)~..;;tr:., i{(",,]u''!.',_', (orp Business Categories tllvPst!llPllt :;>"CI;,-,11t"'; III U'-!'id!',d, N[: 1..0ilr1 Blah'f', Il)y!:'~;t'llel't fldlli<lnq & ';\"(:I[,tle<; [)t',lLnq States Resources Corp Business Information (Jdl'l1 tl1l5 I'roflle StMes Resources Corp is a private company categorized unde,' Loan Agent'> ancl located In Omaha, NL Our records show It WdS e5tabji',heeJ in 199':-," ilr1d ,ncorporated In Iowa", Current estimates show this company has an annual revenue of 'liS to 10 mdlioll and employs a staff of c'\pprOXlIllately 20 to 49 Also Does Business As Infonlldtloll nol fOUIl(j () HQ, Branch or Single Location SIIH]le LOCdtlOIl Annual Sates (L~;tlln;1t,'(I) S,') t.() t,] nIl:! 01' '~i ,::r)CJ, JOO' Emplovees t.'tll1),ll",J) )1) ':04'1 ;'1)' ---~~-- ...,;;. InTELIUS .. ~f~$oI~ "'IN'" ",'~I"" ""m Arl, h" n""nl~ SIC Code and Description Products, Services and Brands lrl(r:';','dll()III1Ul.ti)UI),J() 6;> 1 1 ;:)'" II; ",'-,tlll",,1 ~;"':'Ir: ii NArcs Code and Description State of Incorporation \} :i I J C ~ '1 'if' <,r"'("I'1 1],'; f' k u-,q 1\ ".';ec II ,-,1"'><; Dedlllhl :,;W:J" Years in Business http://www.manta.com/c/mmfmzwg/states-resources-corp 00 you? ,," -:;:"E . :;_::: xpenan Do you own the company States Resources Corp? If so, you need to know your business credit score now! States Resources Corp Omaha IIl!lD:EI s , Related Linkli ,;tl,,"1 U'II'I;.;I'"'' 1,,,1\'1,"( '1."11'".,, 1(".',0urr;e' COlp '; Vl'f:",',,, ,'. "lll;I' 'dcJU.tl-Y ;,-;!)'-,:r")y,I,,1,r,j YOU 1/13/20] 0 ,;tates Resources Corp - Omaha, Nebraska (NEl I Company Profile Page 2 of2 14' Company Contacts CorHiKt NJrnc' '::;C~l':kl t,~c" Info Rand,11 V,1~(L1,11dll', (II;"'! [~;;'(',jtl"(' iJtf,(,'r. ',bile) (>J'j!t' ,w', rhl~ i'lot;:" Related Companies COtl'i,lan'l Name Cdteqcr'y r'cwt'III,", ' ,', J,-" '..",.t"H"n:,> Ir''V(U"I:rlW It \~i'CI.lr,tl('S I() Oln:.l~ld, ~.I Fre<2dom Lf'llctll',g" ""10rtqnlJt' droker':; ;\r'rdmJII'q fOI LO<Irl~" U'iinq Mo'wy of Other" In Omah<'l, Nf LOdn Aqe!iI'; In Olliilllil, N[ Mo,t(ji1~W [~Iuk("rs Arr'dllfJlng for I cans, U,ilf1Ci r>1C1:wy of Otl1>>(5 111 Om,lha, Nl- Mortgage 13rGkers Arral1c)lllC) tor IOdns, USlr1q MOr1"'y of OUwrs ill 01'1i1I1.1, NI: An~ (~ash [-xprc~s )11) fnterprsps Matrix cllu'rwtse_5, I Click on tl,e ,-,,!porb [dh ilt the top of rhe page tu r,'st"Mch ccmpiH1Y bilCkqrOUllc1, dt'r.llled <: (J ITl P d n y pro hie, cr c:'d I t ,.lllfJ fl n il n (I ,11 re p () rt', 1'0 r ~; lil t i' S p, es OU rc," ,; (: (] rp "{)ata pfOV/,.1NliJy O&i3 01.111 ,lOl! L~rcl(:I<;ti-eei, !ne. J1ii (JJht.'., I;'<,served \..('1'1:.1,' " Ornilllil, Nebr;l':,krl 'd,,,),1 \'J[ II' http://www.manta.com/c/mmfmzwg/states-resources-corp 1/13/2010 BigelowGary From: Sen.t: To: Cc: Subject: BigelowGary Tuesday, January 26, 2010 10:47 AM maryw@perfectnaples.com; 'perfectnaples@aol.com' mott_t; RussellHans OFFER - Dominion Drive 34112 - No Site Address Importance: High ~,' ~~ ..... NSP-PROOF OF fUNDING, pdf ~ Substitute W-g form ~ County.p... Mary: Please accept this as Collier County's Letter of Intent to offer full list price of $14,900 CASH for the vacant property located on Dominion Drive owned by States Resources Corporation, Please see the attached Proof of Funding document, Closing shall be March 26, 2010, We prefer no EMD escrow, but if required the EMD escrow deposit shall be $1,000, We will require any Addenda to the FAR BAR "as is" contract within two days of acceptance of the offer, I am also attaching a Substitute W-9 Vendor form for the Escrow agent to complete and return within two days of acceptance of the offer, I will need the Escrow agent's name, address, and phone number for the FARBAR contract as soon as possible after acceptance, Escrow funds will be paid within 15 days of acceptance by all parties, If this offer is agreed to, I will prepare the FARBAR "As Is" contract, and all Addenda for County review and signatures, Please contact me as to the Seller's decision at your earliest convenience, Thank you very much, 41M"Y 13~. "" \ II 11ror .'1'1 ',\nJ1li~ili\ln ~JH'('i,di"t (:,llli.',' Cnlltlt\. t;,,\t'J'IWrIlrll '~::;,-" .::;'~ .g~ I:;{ BigelowGary From: Sent: To: Subject: KrumbineMarcy Tuesday, January 26,20101:48 PM BigelowGary RE Multiple Offers - 1/25/2010 Yes, sorry. Email got lost in the sauce, ~1::'ffl"'~ Marcy Krumbine, MPA Director Colli8r County Housing and Human Services 239-252-CARE 239-252-HOME 239-252-8442 239.252-2638 - fax Sharing heart to heart and home to home.., From: SigelowGary Sent: Tuesday, January 26, 2010 1:47 PM To: KrumbineMarcy Subject: FW: Multiple Offers - 1/25/2010 Importance: High Marcy: I'm being pushy, but I need to move on this one, Thanks" @ From: SigelowGary Sent: Tuesday, January 26,201010:19 AM To: KrumbineMarcy; RamseyFrank Cc: motCt; RussellHans; TorresRick; LeonardRoosevelt SUbject: RE: Multiple Offers - 1/25/2010 Importance: High Marcy: See No, 5 below, I can submit directly to Broker, not through NSP Resources, NSP Resources wil/ not be involved. Do you want me to submit a 99% offer? From: KrumbineMarcy Sent: Monday, January 25, 2010 12:58 PM To: BigelowGary; RamseyFrank Cc: motCt; Russel/Hans; TorresRick; LeonardRoosevelt Subject: RE: Multiple Offers - 1/25/2010 See below 1K4'Wf 'J::. 'Uw,tilU: Marcy Krumbine, MPA Director Collier Cou nty Housing and Human Services 239-252-CARE 239-252-HOME 239-252-8442 239-252-2638 - fax Sharing heart to heart and home to home.., From: BigelowGary Sent: Monday, January 25, 2010 12:52. PM To; KrumbineMarcy; RamseyFrank Cc: mott_t; RussellHans; TorresRick; LeonardRoosevelt Subject: Multiple Offers - 1/2.5/2.010 Importance: High Marcy: Please see the parade of properties inspected last week for your consideration: 1, 5051 27'h PL5W - Vacant Lot 34116 - ves 99% List: $19,900 Appraised: $17,000 99%: $16,830 No Rehab associated 2, Dominion Drive (No Site Addressl- Vacant Lot 34112 - ves - full list price List: $14,900 Appraised; $2.1,000 99%: $2.0,790 No Rehab Associated 3, 381 20th 5T NE - 34120 - ves 99% List; $118,500 Appraised: $98,000 99%: $93,100 Rehab: $15,800 4, 2951 49th 5T 5W 34116 - ves 99% List; $99,900 Appraised; $94,000 99%: $93,060 Rehab: $31,100 5, 5465 Hunter Blvd 34116 - DUPLEX (NSP Resources Propertv - 3% feel - no List: Lender Reduction T8D Appraised: $78,000 99%: $77,2.2.0 Rehab: $58,800 6, 5890 Lancewood Wav 34116 - Bank of America Propertv - 2 Structures (Home & Guest House) - ves $$ tbd List; Lender Reduction TBD Appraised: $130,000 99%: $128,700 Rehab: $96,100 2 7, 446022"' Ave NE 34120 - Bank of America Property - ves $$ tbd List: Lender Reduction TBD Appraised; $76,000 99%; $75,240 Rehab: $15,350 Thank you! Gc:uy 13~, J{\\ .," Prq~wl't ~\ C1Jll j"j lioll ."iPI,(-idli...,t Cnl;in (:OlJlIl y (,o\prn,'rrllll :.::lIJ.'!,')2.f107.1 '.:i' , ilo)n(j~l L,lIN, {!"rndll :"(1-11' :-':1-'''; .-If" f'ij['!I(~ nCJrd'". ;i 'fO\' ,io il('1 ",;::il '{fJI ,I, -1'-1.1.1 :'ddr,";" It",',' c.'" i" I C'SP')I1',,' 1):-1 1::c:I>;I(: I cr:orj"', rNjUe~>t do nDt send ,'I''':1r,mr; ITLl!' in tI'l, ~'IlII\'1 ii'S"';'! (;onli1l <fl'" )~ri':': I'y ~l:!";)h,~rh: "rll wl-'!'I':1 3 _'_ ~r <- :QIlf~!: <: :O-unty '-~n0\'"''''~'-:::';{d':;':''~-'~~X~''''''"'"~''' '~~;z~:.J"'-~."" "_C '-":'{;\:1';\'b~:~Y~~~,:,:.,~",:,..]:~.;;;,.;:;tt<':;j-';'i;"C~$'Jl~. "';:':::~'W:":::";"'.\.:e:5 Memorandum To: RPM Team From: Roosevelt Leonard Real Estate Appraiser Date: 1-25-2010 Here are the individual NSP property addresses for potential purchases, The estimated market values are as follows: 5051 2ih PL SW XXX Dominion 381 20th ST NE 2951 49th St SW 5465 Hunter BL 5890 Lancewood WY 4460 22nd Ave NE estimated value is $17,000 dollars, estimated value is $21,000 dollars, estimated value is $98,000 dollars, estimated value is $94,000 dollars, estimated value is $78,000 dollars, estimated value is $130,000 dollars, estimated value is $76,000 dollars, mott t From: Sent: To: Cc: Subject: BigelowGary Tuesday, January 26,201010:47 AM maryw@perfectnaples,com; 'perfectnaples@aol.com' mot! t; RussellHans OFFER - Dominion Drive 34112 - No Site Address Importance: High ~ NSp.PROOF OF F'.JNDING,pdf '~.' ...... ... Substitute W-9 Forrn - County.p... Mary: Ple~se accept this as Collier County's Letter of Intent to offer full list price of $14,900 CASH for the vacant ~roperty located on Dominion Drive owned by States Resources Corporation, Please see the attached Proof of Funding document, Closing shall be March 26, 2010, We prefer no EMD escrow, but if required the EMD escrcw deposit shall be $1,000, We will require any Addenda to the FARBAR "as is" contract within two days of acceptance of the offer. I am also attaching a Substitute W-9 Vendor form for the Escrow agent to complete and return within two days of acceptance of the offer, I will need the Escrow agent's name, address, and phone number for the FARBAR contract as soon as possible after acceptance, Escrow funds will be paid with;r 15 days of acceptance by all parties, If this offer is agreed to, I will prepare the FAR BAR "As Is" contract, dnd ;ell Addenda for County review and signatures, Please contact me as to the Seller's decision at your earliEst convenience, Thank you very much, (jClI,'Y 13Lfjclow, ,,~\ \( P""I'" I:. .\l'quj~jtjon ~JH'(.jilli~l (:olh.,: (:"llnlv 1;()\>"l'II.'lIlllt :! :~'}-~' -, ~ .l:t)7 3 1 .!!!ielowGary From: Sent: To: Cc: Subject: KrumbineMarcy Monday, February 01, 2010 10:38 AM BigelowGary RamseyFrank; motU; RussellHans Re: Dominion Drive 34112 Ye5, I approve this offer at 99% Marcy Krumbine Director Housing and Human Services Sent from my Blackberry Wireless From: BigelowGary To: KrumbineMarcy Cc: RamseyFrank; mott_t; RussellHans Sent: Mon Feb 0110:29:15 2010 Subject: Dominion Drive 34112 Marcy: On 1/25/2010 you approved an offer full list price of $14,900 for the subject parcel. 5ince it was a No Site Address, we would like to have you re-accept the offer as follows, so that there are no doubts with Finance that it is the subject parcel if the offer is eventually accepted, and we close, As follows: Dominion Drive ( No Site Address) Folio No, 22624480107 Legal Description: Lot 20, Block 6, Avalon Estates, Unit No, 1, Plat Bk 3, Page 62, Ust: S 14,900 Appraised: $21,000 99%: $20,790 No Rehab associated Thank you, GCU)I 13[g.e1ow, n\\ \,. Pr"lwr:y \C1llli,.,il iOll ~1H'\I"II:-" (.1,111 {~(olIIIL' (;1'., !'l"IWllllll :!.'\\)-.'.i:?-nn:-:{ BigelowGary From: Sent: To: .r:c: Subject: BigelowGary Monday, February 01,201010:53 AM 'Mary S Willkomm' moll t; RussellHans FW: OFFER - Dominion Drive 34112 - No Site Address Importance: High Mary: I am re-submitting this offer which better details the parcel's identification since there is no street address, This is to better assist the County if the offer is accepted and we eventually close, As follows: Please accept this as Collier County's Letter of Intent to offer full list price of $14,900 CASH for the vacant property located on Dominion Drive, Parcel Folio No, 22624480107, more legally described as Lot 20, Block 6, Avalon Estates, Unit No, 1, Plat Book 3, Page 62, owned by States Resources Corporation, Please see the att'ached Proof of Funding document, Closing shall be March 26, 2010, We prefer no EMD escrow, but if required the EMD escrow deposit shall be $1,000, We will require any Addenda to the FAR BAR "as is" contract within two days of acceptance of the offer. I am also attaching a Substitute W-9 Vendor form for the Escrow agent to complete and return within two days of acceptance of the offer. I will need the Escrow agent's name, address, and phone number for the FAR BAR contract as soon as possible after acceptance, Escrow funds will be paid within 15 days of acceptance by all parties, If this offer is agreed to, I will prepare the FAR BAR "As Is" contract, and all Addenda for County review and signatures, Please contact me as to the Seller's decision at your earliest convenience, Thank you very much, Gar'r From: BigelowGary Sent: Tuesday, January 26, 2010 10:47 AM To: maryw@perfectnaples,com; 'perfectnaples@aOl.com' Cc: mott_t; RussellHans Subject: OFFER - Dominion Drive 34112 - No Site Address :mportance: High ~.' " - NSP-PROOF OF FUNl1ING,pdf iIff~. '. 1.:'-' - Substitute W-g form. County,p". MalF Please accept this as Collier County's Letter of Intent to offer full list price of $14,900 CASH for the vacant orope:ty located on Dominion Drive owned by States Resources Corporation, Please see the attached Proof of Funding document, Closing shall be March 26, 2010, We prefer no EMD escrow, but if required the EMD 1 escrow deposit shall be $1,000, We will require any Addenda to the FAR BAR "as is" contract within two days of acceptance of the offer, I am also attaching a Substitute W-9 Vendor form for the Escrow agent to complete and return within two days of acceptance of the offer. I will need the Escrow agent's name, address, and phone number for the FARBAR contract as soon as possible after acceptance, Escrow funds will be paid within 15 days of acceptance by all parties, Ifthis offer is agreed to, I will prepare the FAR BAR "As Is" contract, and all Addenda for County review and signatures, Please contact me as to the Seller's decision at your earliest convenience, Thank you very much, Gcuy 13ifJclow, HII \ \I; Pmf('!'1.' \('(!lll.~ili<)ll :-:[H'( iilll"l t:(,j!w'" COllll!\ L(j\('I'Ilf'lllnl ::'.;'1-.: 12-g0;:\ 2 BigelowGary From: Sent: To: Cc: Subject: BigelowGary Monday, February 01, 2010 10:29 AM KrumbineMarcy RamseyFrank; motU; RussellHans Dominion Drive 34112 Importance: High Marcy; On 1/25/2010 you approved an offer full list price of $14,900 for the subject parcel. Since it was a No Site Address, we would like to have you re-accept the offer as follows, so that there are no doubts with Finance that it is the subject parcel if the offer is eventually accepted, and we close, As follows; Dominion Drive ( No Site Address) Folio No, 22624480107 Legai Description; Lot 20, Block 6, Avalon Estates, Unit No, 1, Plat Bk 3, Page 62, List. $ 14,900 Appr~ised: $21,000 99% $20,790 No Rfchab associated Thank you, Gary 'Bi.geLow. H\1 '\ ,,; Pn'JI\" '\ \"!llj.~il i"lI :-'rH'ciaJi,..,1 l ~ull;,'r (Ollnt \' (;I)\'TII<'lllllt ...'\9.:' .!-:!07:) 3 RussellHans Subject: 3614 Poplar Way, Naples, FL 34112 Nicky, As requested, attached is the Purchase and Sale Agreement relevant to the above captioned property, with Exhibit "0" revised as you suggested, and signed by the Chairman of our Board of County Commissioners on this date, Please remind your legal folks, and whoever else may be reviewing the document, that all of the items requiring completion on the Agreement have been addressed on Exhibit "0" because of the County's peculiar audit requirements, AI~o, assuming that you will be in agreement with our requests, remember to have the Agreement and Lead Paint Addendum signed by Well Fargo on the Substitute Signature Pages only, Mdny thanks for your efforts and to putting up with us, Please call me with any questions whatsoever, Hans Ham Russell Sr Property Acquisition Specialist Co:ller County Real Property Management 23C1 2S2-2623 1 BioelowGary From: Sent: To: Cc: Subject: KrumbineMarcy Monday, February 01,201012:28 PM BigelowGary RamseyFrank; moll_t; RussellHans Re: Dominion Drive 34112 Yes Full list I apologize Marcy Krumbine Director Housing and Human Services Sent from my Blackberry Wireless From: BigelowGary To: KrumbineMarcy Cc: RamseyFrank; motet; RussellHans Sent: Mon Feb 01 12:07:492010 'iuoject: RE: Dominion Drive 34112 Marcv: You want to approve at full list price, I am sorry if I was unclear. Thank you, From: KrumbineMarcy Sent: Monday, February 01, 2010 10:38 AM To: SigelowGary Cc: RamseyFrank; molt_t; RussellHans Subject: Re: Dominion Drive 34112 Yes, I approve this offer at 99% Marcv Krumbine Director Housing and Human Services Sent from my Blackberry Wireless From: BigelowGary To: KrumbineMarcy Cc: RamseyFrank; molt_t; RussellHans Sent: Mon Feb 01 10:29: 15 2010 Subject: Dominion Drive 34112 Marcy; On 1/25/2010 you approved an offer full list price of $14,900 for the subject parcel. Since it was a No Site Address, we would like to have you re-accept the offer as follows, so that there are no doubts with Finance that it is the subject parcel if the offer is eventually accepted, and we close, As follows: Dommion Drive ( No Site Address) Folio No, 22624480107 Legal Description: Lot 20, Block 6, Avalon Estates, Unit No, 1, Plat Bk 3, Page 62, List: $ 14,900 Appraised: $21,000 1 99%: $20,790 No Rehab associated Thank you, l?CM'Y 13t,g-clow, It" \ It: Pnll)l:rl~ \.'llllisitioll Spl'('iaJi~l Colli. r COlJllt\' Co\..'rllt'lllnl 2:~()-:?-,:!-Hl): :~ ""'I '~1 ;,., ;J (,' e~t\\' 'Ii ,,1 )<; 'j"" 2 -, . '," ,... -'t . ",., ~''l'''-::'.' , ,,> 1~-'''''..".~~ ..... , PARTIES AND DESCRIPTION OF PROPERTY 1. SALE AND PURCHASE: STATES RESOURCES CORP. and COLLIER COUNTY, a Political SubdiVISiOn of the State of Flonda agree to sell and buy on the terms and conditions specified below the property ("Property") described as: 5' Address VACANT LOT - DOMINION DR NAPLES FL 34112 6' Legal Description: LOT 20, BLOCK 6 AVALON ESTATES, UNIT NO.1, ACCORDING TO THE MAP OF 7" THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 62, PUBLIC RECORDS OF COLLIER " ,COUNTY FLORIDA. PID# 22624480107 2' 3' ("Seller") ("Buyer") " lD" ,,' "'including all improvements and the tollowing additional property: NA '" w " 16' 2. PURCHASE PRICE: $ PRICE AND FINANCING I . 14,900.00 payable by Buyer in U.S. funds as follows: "d~~~~~~b~""",rance)on NA , by('/~) for delivery to FIDELITY NArL TITLE ("EscrowAgentj~' Signature Name of Company V'ddressof Escrow/>;lenQ 15611 NEW HAMPSHIRE CT, FT. MYERS FL 33908 (Phore #ofEscrow Pqent) 239-770-0309 Additional dopos" to be delivered to Escrow Agent by or_days from Effective Dale (10 days If lert bo.nk). '" 18' 19 20' 21' (a) $ 1,000.00 - 22' (b) $ 0.00 '" 24' o 000 (c) (d) $ <e) $ Total financing (see Paragraph 3 below) (express as a dollar amount or percentage) Other: NA '" , 3,900.00 26' Balance to close (not including Buyer's closing costs. prepaid items and prorations). All funds paid at closing must be paid by IocaIy drawn cashier's check, offICial check or wired funds. " 211" U (f) (complete only if purchase price Will be determined based on a per t..nit cost instead of a fixed price) The unit 29' used to determine the purchase price is 0 Jot 0 acre 0 square foot IJ other (specify: 1 30" prorating areas of less than a full unit. The purchase price will be $ per unit based on a calculation of 31 total area of the Property as certified to Buyer and Seller by a Florida~licensed surveyor in accordance with Paragraph 32" 8(c) of this Contract. The following rights of way and other areas will be excluded from the calculation: 33' '" 3, CASH/FINANCING: (Check as appNcable) ~ (a) Buyer will pay cash for the Property with no financing contingency. ". a (b) This Contract is contingent on Buyer quaiifying and obtaining the commitment(s) or approval(s) specifiec below (the 36" "Financing") within ~ days from Effectrve Date (if left blank then Closing Date or 30 days from Effective Date, whichever occurs first) (the "Financing Period"). Buyer will apply for Financing w~hin _ days from Effective Date (5 days rt left blank) and will timely provide any and aU credit, employment, financial and other information required by the lender. If Buyer, after using dil~ence and good faith, cannot obtain the Financing within the Financing Perioo, either party may cancel this Contract and Buyer's deposit(s) will be returned after Escrow Agent receives proper authorization from all interested parties. CJ (1) New Financing: Buyer will secure a commitment for new third party financing for $ or _ % at the purchase price at the prevailing interest rate and loan costs based on Buyer's creditworthiness. Buyer will keep Seller and Broker fully informed of the loan application status and progress and authorizes the lender or mortgage broker to disclose all such information to Seller and Broker. a (2) Seller Financing: Buyer will execute a Cl first 0 second purchase money note and mortgage to Seller in the amount of $ , bearing annual interest at __% and payable as follows: 37" 36 39 010 41' 42' '" 44 ",. "" '" The mortgage, note, and any security agreement w~1 be in a form acceptable to Seller and will follow forms generally __accepted in the county wher,i 1~~ Property is located; wUI provide for a late payment fee and acceleration at the mortgagee's so. Buye~ and~e1Iel: ~ L-J ackrov.1edge receipt of a copy of this page, whch ~ Page 1 of 7 Pages. m ~ VAC-9 Rev. 4/07 C 2007 Fhioa'Associalion of RE/lLTOFlS- All Rights Reserved __ ... '" " 51 option ~ Buyer defaults: wil give Buyer the right 10 prepay w.hout penalty all or part of the principal at any time(s) wtth 52 interest on~ to date of payment; will be due on conveyance or sale: will provide for release of contiguous parcels, If 53 applicable; and will requ.e Buyer to keep liability insuranca on the Property, wtth SeUer as addttlonal named Insured. Buyer 54 authorizes Seller to obtain credit. employment and other necessary information to determine creditworthiness for the ~ financing. Seller will, within 10 days from Effective Date. give Buyer written notice of whether or not Seller wW make the Joan, 56' 0 (3) Mortgege Assumption: Buyer will take t." subject to and assume and pay ex~ting first mortgage to 57" sa' LN# in the approximate amount of $ currently payable at 59' $ per month including principal, interest, 0 taxes and insurance and having a Q fixed 0 other 00' (describe) 61' interest rate of _% which Q will Q wilt not escalate upon assumption. Any variance in the mortgage will be 62 adjusted in the balance due at closing with no adjustment to purchase price. Buyer will purchase Seller's escrow 63' account dollar for dollar. If the lender disapproves Buyer, or the interest rate upon transfer exceeds _% or the 64" assumption/transfer fee exceeds $ , either party may elect to pay the excess, failing which this 60 agreement will terminate and Buyer's deposit(s) will be returned. 00 CLOSING 67 4, CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on 'ill' MARCH 26 ,2010 ("Closing Date"). Unklss the Closing Date ~ specifically extendsc by the Buyer and Seller or 69 by any other proviSion in this Contract, the Closing Date shall prevail over all other time periods including, but not limited to, 70 finaoong and feasibility study periods. If on Closing Date insurance underwriting is suspendsc, Buyer may postpone closing up to 71 5 days after the jnsurance suspension is liftoo. If this transaction does not close for any reason, Buyer will immediately return all 72 SeHer-provlded title evidence, surveys, association documents and other items. 73 5. CLOSING PROCEDURE; COSTS: Closng will take p",cs in the county where the Pruperty is k>catsc and may be conductsc 74 ';;y mail or electronic means. If title insurance insures Buyer for title defects arising between the title binder effective date and 75 recording of Buyer's dOOd, closing agent will disburse at closing the net sale procescs to Seller (in local cash"r's checks ~ Seller 76 requests in wr.ing at least 5 days pr"r to closng) end brokerage fees to Broker as per Paragraph 17. In add."n to other expanses 77 provided in this Contract. Seller and Buyer will pay the costs indicated below. 76 (a) Seller Costs: 79 Taxes on the deed so Recording fees for documents needed to cure title 81 Title evidence (If applicable under Paragraph 8) ". Other: SELLER'S CUSTOMARY CLOSING AND ESCROW FEES B3 (b) Buyer Costs: 54 Taxes and recording fees on notes and mortgages 85 Recording fees on the deed and financing statements 56 Loan expenses 87 Lender's title policy at the simultaneous issue rate 88 Inspections 89 Survey and sketch 00 Insurance 91' Other: BUYER'S CUSTOMARY CLOSING AND ESCROW FEES 92 (c) Trtle Evidence and Insurance: Check (1) or (2): W' I,Zl (1) The titie evidence will be a Paragraph S(a)(1) owners tit" insurance comm.ment.1;;I Sellerwili select the titie agent and 94' wil pay for the owner's t.le policy, search, examinat"n and related charges or 0 Buyer will select the t.'e agent and pay for go' the owner's title policy, search, examinafion and re",tsc charges or 0 Buyer w~1 select the ttt" agent and Seller wm pay for 96 the owner's title policy, search, examination and related charges. 97' 0 (2) Seller will provide an abstract as specified In Peragraph 8(e)(2) as tOle evidence. 0 Seller 0 Buyer will pay for the 00 owner's title policy and select the tit~ agent. Seier will pay fees for title searches prior to Closing, includng tax search and 99 lien search fees, and Buyer will pay fees for title searches after closing (rt any), title examination fees and closing fees. 100 {d} Prorations: The following items will be made current and prorated as of the day before Closing Date: real estate taxes, 101 interest, bonds, assessments, leases and other Property expenses and revenues. If taxes and assessments for the current 102 year cannot be determined, the previous year's rates will be used with adjustment for any exemptions. PROPERTY TAX 103 DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE 104 AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO 106 PURCHASE. A CHANGE OF OWNERSHIP OR PROPER1Y IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE 106 PROPER1Y THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING 100 VALUATION, CONTACT THE COUN1Y PROPER1Y APPRAISER'S OFFICE FOR FURTHER INFORMATION, 106 (e) Special Assessment by Public Body: Regardng special assessments imposed by a pubHc body, Seller will pay (q the full 109 amount of liens that are certified; ~Wlmed and ratifisc before cloSing and (Iq the amount of the last estimate of the assessment 110' BUyer~L-J anq Seller L-J acknowledge receipt of a copy of this page, which Is Page 2 of 7 Pages. .JAC.9 Re.... 4/07 Q 2007 F'1ar,i.Qil__~sociation of AEAlTOfl,S. All Rights Reserved 111 if an improvement is sub~tantially completed as of Effective Date but has not resulted in a lien before closing, and Buyer will pay 112' all other amounts. If sPSC",1 assessments may be paid in installments Q Buyer Q Seller (If left biank, Buyer) shall pay installments 113 due after closing. If Seller is checked, Seller will pay the assessment in full prior to or at the time of closing. Pub~c body does 114 not include a Homeowner Association or Condominium Association. 115 (f) Tax Withholding: If Seller is a '10relgn person" as de~ned by FIRPTA, Section 1445 of the Internal Revenue Code 1 i 6 requires Buyer to withhold 10% of the amount realized by the Seller on the transfer and remit the withheld amount to the 117 Internal Revenue Service (IRS) unless an exemption applies. Tne primary exemptions are (1) Seller provides Buyer with an 118 affidavit that Seller is not a "foreign person", (2) Seller provides Buyer with a Withholding Certificate providing for reduced or 119 eUminafed w.hhoiding, or (3) the gross sales price is $300,000 or less, Buyer is an indMdual who purchases the Property to 120 use as a residence, and Buyer or a member of Buyer's family has definite plans to reside at the Property for at least 50% of 121 the number of days the Property is in use during each of the first two 12 month periods arter transfer, The IRS requires Buyer 122 and Seller to have a U.S. federal taxpayer identificetion number I"TIN"). Buyer and Seller agree to execute and deliver as 123 directed any instrument, affidavit or statement reasonably necessary to comply with FIRPTA requirements Including applying '" for a TIN w.hin 3 days from Effective Date and delivering the. respective TIN or Social Security numbers to the Closing Agent. 125 If Seller applies tor a withholding certificate but the application is still pending as of closing, Buyer will p",ce the 10% tax in 126 escrow at Seller's expense to be d lsbursed in accordance with the final determination of the IRS, provided Seller so requests 127 and gives Buyer notlca of the pending application in accordance with Section 1445. If Buyer does not pay sufficient cash at 128 closing to meet the withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the 12"", requirement. Buyer will timely disburse the funds to the IRS and provide Seller with copies of the tax forms and receipts. 130 (g) 1031 Exchange: If either Seller or Buyer wishes to enter into a liks-kind exchange (either simultaneously with closing or 131 after) under Section 1031 of the Internal Revenue Code ("Exchange"), the other party will cooperate in all reasonable respects 132 to effectuate the Exchange including executing documents; provided, however, that the cooperating party will incur no ljab~ity 1JJ or cost refated to the ,Exchange and that the closing shall not be contingent upon, extended or delayed by the Exchange. 134 PROPERTY CONDITION 135 6. lAND USE: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, with condittons \36 resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will maintain the landscaping and 137 grounds in a comparable condition and will not engage in or permIt any activity that would materially alter the Property's 138 condition without the Buyer's prior written consent. 139 (a) Flood Zone: Buyer is adviSed to verify by survey, with the lender and with appropriate government agencies which 140 flood zone the Property is in, whether flood insurance is required and what restrictions apply to improving the Property and 141 rebuilding in the event of casualty. 142 (b) Government Regulation: Buyer is advised that changes in government regulations and levels of service which 143 affect Buyer's intended use of the Property will not be grounds for canceling this Contract if the Feasibility Study 144 Period has expired or if Buyer has checked choice (c)(2) below. 145 (0) Inspections: (check (1) or (2) belOW) 1...' III (1) Feasibility Study: Buyer will, at Buyer's expense and within ~ days from Effective Oete ("Feasibil"y Study 147" Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for RESIDENTIAL 148. LAND BANK use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental 149 assessment and any other tests, analyses, surveys and investigations ("Inspectklns") that Buyer deems necessary to 150 determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and 151 zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; 152 consistency with locm, state and regional growth management plans; availability of permits, government approvals, and 153 licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's 154 intended use. If t~ Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies. 155 Seller will sign all documents Buyer Is required to file in connection w~h development or rezoning approvals. 150 Seller gives Buyer. its agents, contractors and assigns. the right to enter the Property at any time during the Feasibility 157 Study Period tor the purpose of conducting Inspections; provided, however, that Buyer. its agents. contractors and 156 assigns anter the- Property and conduct Inspections at their own risk. Buyer will Indemnify and hold Seller harmless 159 from losses, damages, costs, claims and expenses of any nature, including attorneys' fees, expenses and liability 160 incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of 161 any and aI/Inspections or any work authorized by Buyer. Buyer will not engage in any activity that could resut! in a 162 construction Hen being filed against the Property without Seller's prior written consent If this transaction does not 163 close, Buyer will, at Buyer's expense, (1} repair all damages to the Property resulting from the Inspections and '64 return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports 165 and other work generated as a result of the Inspections, 166 Buyer will deliver written notice to Seller prior to the expiration of the Feasibiiity Study Period of Buyer's HI7 determination of whether or not the Property is acceptable, Buyer's failure to comply with this notice requirement 168 wilt constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. if the Property 169 is unacceptable to Buyer ar;d written notice of this fact is timely delivered to Seller, this Contract will be deemed 170 terminated as of the day after the Feasibility Study periOd ends and Buyer's deposit(s) will be returned after Escrow 171 Agent receives proper authorization from all interested parties. 172' Q (2) No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including being 17J ,satisfied that eitherpubli~ s~'L.~ge and water are available to the Property or the Property will be approved for the 174. Buye~~~L_~.. ) and~~ller~ ~ acknowledge receipt of a copy of this page. which is Page 3 of 7 Pages. VAC.9 av. 4/07 C 2007 Florida AsSOCiation of REALroos. A~ Rights Reserved 17~, installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations 176 and restrictions, such as subdivision or deed restrictions, concurrency, growf:h management and environmental 177 conditions, are acceptable to Buyer. This Contract is not contingent on Buyer conducting any further invBStigations. 178 (d) Subdivided Lands: " this Contract is for the purchase of subdivided lands, defined by Florida Law as "(e) Any 179 contiguous land whIch Is divided or is proposed to be divided for the purpose of disposition into 50 or more lots, 180 parcels, units, or interests; or (0) Any land, whether contiguous or not, which is divided or proposed to be divided into 181 50 or more lots, parcels. units, or interests which are offered as a part of a common promotional plan.", Buyer may 182 cancel this Contract for any reason whatsoever for a period of 7 business days from the date on which Buyer executes 183 this Contract. If Buyer elects to cancel within the period provided, all funds or other property paid by Buyer will be 184 refunded without penalty or obligation within 20 days of the receipt of the notice of cancellation by the developer, 185 7. RISK OF LOSS: EMINENT DOMAIN: If any portion of the Property is materiai~ damaged by casualty before closing, 186 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain proceedings, 167 or if an eminent domain proceeding Is initiated, Seller will promptly inform Buyer. Either party may cancel this Contract 1M by written notice to the other within 10 days from Buyer's receipt of Seller's notification, failing which Buyer will close in 189 accordance with this Contract and receive all payments made by the government authority or insurance company, if any. TITLE ,-~r-'",-c/4z- C(~~,,/rv77 ?)e€~W .~c'_ 8, TITLE: Seller will convey marketable title to the Property by slalt;lory.warf!lf1lydeed or trustee,,~f8p'reseAtative ~"", '\ or qu:urli:m deed--a&~iat6 to Seller's status. . ~ ;;;] (a). Title Evidence: Title evidence wlil ShOW legai access to the Property and marketable title of record in Seller in A,"".' accordance with current title standerds adopted by the Rorlda Bar, subject on~ to the following @e exceptklns, none of / whIch prevent Buye~s intended use of the Property as RESIDENTIAL LAND BANK : covenants, easements and '------..--- restrictions 01 record; matters of plat; existing zoning and government regulations; oil, gas and mineral rights of record if there is no right of entry; current taxes; mortgages that Buyer will assume; and encumbrances that Seller will discharge at or before closing. Seller will deliver to Buyer Seller's choice of one of the following types of title evidence, which must be generally accepted in the county where the Property is located (specify in Paragraph 5(c) the selected type). Seller will use option (1) in Palm Beach County and option (2) in Miami-Dade County, (1) A title Insurance commitment issued by a FlorldaMlicensed title insurer In the amount of the purchase price and subject only to title exceptions set forth in this Contract and delivered no later than 2 days before Closing Date. (2) An existing abstract of title from a reputable and existing abstract firm (If firm is not eXisting, then abstract must be certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the Property recorded in the public records of the county where the Property is located and certified to Effective Date. However if such an abstract Is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as a base for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a format acceptable to Buyers closing agent from the policy effective date and certified to Buyer or Buyer's closing agent, together with cop-jes of all documents recited in the prior policy and in the update. If a prior policy is not available to Seller then (1) above will be the title evidence, Title evidence will be delivered no latar than 10 days before Closing Date. (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, within 5 days from receipt of title evidence but no later than Closing Date. of any defects that make the title unmarketable. Seller will have 30 days from receipt of Buyer's notice of defects ("Curative Period~) to cure the defects at Seller's expense. If Seller cures the defects within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on Closing Data or within 10 days from Buyer's receipt of Seller's notice jf Closing Data has passed. If Seller is unable to cure the defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 10 days from receipt of Seller's notice, either cancel this Contract or accept title with existing defects and close the transaction. (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver wrltten notice to Seller, within 5 days from receipt of survey but no later than 5 days prior to closing, of any encroachments on the Property, encroachments by the Property's improvements on other lands or deed restriction or zoning violations. Any such encroachment or violation will be treated in the same manner as a tille defect and Buyer's and Seller's obligations will be determined in accordance with subparagraph (b) above. (d) Coastal Construction Control Line: If any part of the Property lies seaward of the coastal construction control line as defined in Secton 161.053 of the Fklnda Statutes, Seller shail provide Buyer w.h an affidavit or survey as required by law delineating the tine's location on the Property, unless Buyer waives this requirement in writing. The Property being purchased may be subject to coastal erosion and to federal, state, or local regulations that govern coastal property, including delineation of the coastal construction control line, rigid coastal protection structures, beach nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida Department of Environmenlal Protection, including whether there are significant erosion conditions associated with the shoreline of the Property being purchased. !lI Buyer waives the right to receive a CCCL affidavit or survey. MISCELLANEOUS 190 191 192 193 194 196' 196 107 '" 199 200 20, 202 203 "'" 200 200 207 200 209 210 ''I 212 213 21' 215 216 217 216 21' 220 221 222 223 22'< 225 226 22~ 22. 229 23C' 231 '" 9, EFFECTIVE DATE; TIME; FORCE MAJEURE: 233 (a) Effective Date: The "Effective Date" of this Contract is the date on which the last of the parties initials or signs and 234 delivers final offer or counteroffer. Time is of the essence for all provisions of this Contract. 235 (b) Time: All time periods expressed as days will be computed in business days (a "business day" is every calendar day 236 eX~:day, )sund,ay aQd national legal holidays). If any deadline falls on a Saturday, Sunday or national legal 2:37" Buye anciseller~ L--J acknowledge receipt of a copy oftr.i5 page, which is Page 4 of 7 Pages. VAC.9 Re'l. 4/07 C 2007 FlOrida-ASsociation of REALTORS. All Rights Reserved 238 holiday, performance will be due the next business day. All time periods will end at 5:00 p.m. local time (meaning In the 239 county where the Property is located) of the appropriate day. 240 (c) Force MajelJre: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable to 241 each other for damages so long as the pertormance or non-performance of the obligation is delayed, caused or prevented 242 by an act of God or force majeure. An "act of God" or "force majeure" is defined as hurricanes, earthquakes, floods, fire, 243 unusual transportation delays, wars, insurrections and any other cause not reasonably within the control of the Buyer or 244 Seller and which by the exercise of due diligence the non-performing party is unable in whole or in part to prevent or 245 overcome. All time periods, including Closing Date, will be extended (not to exceed 30 deys) for the period that the force 2<W majeure or act of God is in place. In the event that such "act of God" or "force majeure" event continues beyond the 30 247 days in this sub-paragraph, either party may cancel the Contract by delivering written notice to the other and Buyer's 248 deposi1 shall be refuQded. 249 10. NOTICES: All notices shall be in writing and will be delivered to the parties and Broker by mail, personal delivery or 250 electronic media, Buyer's failure to deliver timely written notice to Seller, when such notice is required by this Contract, 251 regarding any contingencies will render that contingency null and void and the Contract will be construed as if the 257 contingency did not exist. Any notice. document or item delivered to or receivecl by an attorney or licensee Qncludlng a 253 transaction bn:>ke~ representin9 a party will be as effective as If delivered to or by that party, :>54 11. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage 2>5 agreements, no prior Or present agreements will bind Buyer, Seller or Broker unless Incorporated Into this Contract. 256 Modifications of this Contract will not be binding unless in writing, signed or initialed and delivered by the party to be bound. 257 This Contract, signatures, initials, documents referenced in this Contract, counterparts and written modifications 258 communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten 259 or typewritten terms Inserted In or attached to this Contract prevail over preprinted terms, If any provision of this Contract is or 260 becomes Invalid or unenforceable, all remaining provisions will continue to be fully effective. Buyer and Seller will use diligence 261 and good faith In performing aU obligations under this Contract. This Contract will not be recorded in any public records. 262 12, ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract w!hout Seller's wrillen consent. The terms 263 "Buyer," "Seller," and "Broker" may be singular or plural. This Contract is binding on the heirs, administrators, executors, 264 personal representatives and assigns (if permitted) of Buyer, Seller and Broker. 265 DEFAULT AND DISPUTE RESOLUTION 256 13. DEFAULT: (a) Seller Default: If for any reason Of her than failure of Seller to make Selle~s title marketable atter diigent effort, 267 Seller fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyers deposit without 268 waiving the right to seek damages or to seek specific performance as per Paragraph 14. SeUer will also be liable to Broker for 260 the full emount of the brokerage fee. (b) Buyer Default: If Buyer fails to perform this Contracf w.hin the time specffied, Inciuding 270 timeo/ payment of all deposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated 271 damages or to seek sp'ecific performance as per Paragraph 14; and Broker will, upon demand, receive 50% of all deposits 272 paid end agreed to be ~aid (to be split equally among Brokers) up to the full amount of the brokerege fee. 273 14. DISPUTE RESOLUTION: This Contract wUl be construed under Florida law. All controversies, claims, and other matters in 274 question arising out of or relating to this transaction or this Contract or its breach will be settled as follows: 275 (a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seller will have 30 days from 276 the date conflicting. demands are made to attempt to resolve the dispute through mediation. If that fails, Escrow Agent 277 will submIt the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the 278 Florida Real Estate CommiSSion ("FREe"). Buyer and Seller wiN be bound by any resulting award, judgment or order. A 279 broker's obligation under Chepter 475, FS and the FREC rules to time~ notiy the FREe of an escrow dispute end timely 280 resolve the escrow dispute through mediation, arbitration, interpleader, or an escrow disbursement order, if the broker SO 281 chooses, applies onty to brokers and does not apply to title companies, attorneys or other escrow companies. 282 (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to at1empt to 283 resolve the matter through mediation, failing which the parties will resolve the dispute through neutral binding 284 arbitration in the county where the Property is located. The arbitrator may not alter the Contract terms or award any 285 remedy not provided for in this Contract. The award wjIJ be based on the greater weight of the evidence and will 286 state findings of fact and the contractual authority on which it is based. If the parties agree to use discovery. it will 287 be in accordance with the Florida Rules of Civil Procedure and the arbitrator will resolve all discovery-related 288 disputes. Any disputes with a real estate ticeflsee named In Paragraph 17 will be submitted to arbitration only if the 289 licensee's broker consents in writing to become a party to the proceeding. This clause will survive closing. 29J (c) Mediation and Arbitration; Expenses: "Mediation" is a process in which parties attempt to resolve a dispute by 291 submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a 292 settlement on the parties. Med"tion vvll be in accordance w.h the rules of the Amercan Arb.ratlon Association ("AM") or 29.> other mediator agreed on by the parties. The parties wWI equally divide the mediation fee, if any. "Arbitration" is a process in 294 which the parties resolve a dispute by a hearing before a neutral person who decides the matter and whose decision is 290 bindir,g on the parties. Arbitration wiH be in accordance with the rules of the AAA or other arbitrator agreed on by the parties. 29f, Each party to any arbitration vvill pay its own fees, costs and expenses, including attorneys' fees, ard will equally split the 297 arbitrators' fees and administrative fees of arbitration. In a civil action to enforce an arbitration award, the prevailing party to the 298 arbitration shall be entitled to recover from the nonprevailing party reasonable attorneys' fees, costs and expenses. 299' BUye~L.-.} and $~I~~~~ L-J acknowledge receipt of a copy of this page, which is Page 5 of 7 Pages. VAC-9 Rev. 4/07 C 2007 Florida Association of REALTORS. All Rights Reserved 300 ESCROW AGENT AND BROKER 301 15, ESCROW AGENT: Buyer and Seller a""horize Escrow Agent to receive, deposit and hold funds and other items In 302 escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms 300 of this Contrect, including disbursing brokerage fees, The parties agree that Escrow Agent will not be liable to any person for "" misdelivery of escrowed items to Buyer or Seller, unless the misdelivery Is due to Escrow Agent's willful breach of this 306 Contract or gross negligence. If Escrow Agent Interpleads the SUbject matter of the escrow, Escrow Agent will pay the 300 filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the 307 escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. All claims 3Ol3 against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate, 300 16. PROFESSIONAL ADVICE; BROKER LIABIUTY: Broker advises Buyer and SeRer to verify all facts end representations 310 that are important to them and to consult an appropriete professional for legai advice (for example, interpreting contracts, 311 determining the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, the 312 effect of property lying partially or totally seaward of the Coastal Construction Control Line, etc,) and for tax, property 313 condition, environmental and other specialized advice, Buyer acknowkKtges that Broker does not reside in the Property 314 and that all representations (oral. written or otherwise) by Broker are based on Seller representations or public records. 315 Buyer agrees to rely solely on SeUer. professional inspectors and governmental agencies for verification of the Property 316 condttlon and feets that materially ettect Property velue. Buyer and Seller respectively will pay all costs and expenses, 317 Including reasonable attorneys' fees at all levels. Incurred by Broker and Broker's officers. directors, agents and employees 318 in connection with or arising from Buyer's or Seller's misstatement or failure to perform contractual obligations. Buyer 319 and Seller hold harmless and release Broker and Broker's officers, directors, agents and employees from all liability for 320 loss or damage based on (1) Buyer's or Seller's misstatement or failure to perform contractual obligations; (2) Broker's 321 performance. at Buyer's and/or Seller's request, of any task beyond the scope of services regulated by Chapter 475. 322 F.S., as amended, including Broker's referral, recommendation or rete'ltion of any vendor; (3) products or services 323 provided by any vendor; and (4) expenses incurred by any vendor. Buyer and Seller each assume full responsibility for 124 selecting and compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations, For 325 purposes of this paragraph, Broker wilt be treated as a party to this Contract. This paragraph will survive closing, 326 17, BROKERS: The licensee(s) and brokerage(s) named below are collectively referred to as "Broker." Instruction to Closing 327 Agent: Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in 328 separate brokerage agreements with the parties and cooperative agreements between the brokers, except to the extent 329 Broker has retained such fees ~rom the escrowed funds. In the absence of such brokerage agreements, closing agent will 330 disburse brokerage fees as Indicated below. This paragraph will not be used to modify any MLS or other otter of 331 compensation made by Seller or listing broker to cooperating brokers. 332' MARY W1LLKOMM' 333' Selling Sales Associate/License No. TO BE PROVIDED PERFECT PROPERTIES OF NAPLES, INC Sding FrrmlBrokerage Fee: ($ or % of Purchase Price) TBD BY SELLER 334' ROBERT CUCCiNELLO 335' Lsting Sales AssociatQlLicense No. 3055111 HOMES AND LAND BROKERS,INC Us/lng FtrmlBrokerege tee: ($ or 96 of Purchase Price) TBD BY SELLER :J36 ADDITIONAL TERMS 331' 18, ADDITIONAL TERMS: ,,"' ,,.' 340' ::;:iH~Ff}~~~f{N:-~-QLDA~:i~WfT~RE-nfGQNDII~~&:~-::~_~~W~~~~fMAR~~~~:~_~P.A!B~:[Q-- 343' 344' l)N~..T7-Js)~1y!~"~~QT~~fR~F~.~cI-T.8AfoJ~~QSfT~~H~ILj{Ej~ATp'~.w'-T8I~fJEii:gtIIm[~ys~oF ~:~~~:~ 34" EXECUTION BY THE LAST ONE OF THE BUYER AND SELLER TO SIGN, AND ALL REQUIREMENTS ,,,. FQj:f8ANQWRjrtE~ENTRIJ;S OR.INiTiALSQNLINi;:sfrf.HR00Grij~ARE WAjy~i:): ... ..' . ',..- 347' L1NE~ 50,,11Q,174, 237., 299. 358, & 399 REQUIRING I_NITIALSBY]OTf1.B.LJYERAND~E[L~RARE 34" D(:LETE[)IN.THEIR ENTIRETY, AN.D ANY REQUIREMENI~ FOR BJ!,(E8A,ND .sEI.LER, IOIt.illV\.LARE 349' WAil/ED. . -. ... 350' 3'" LIr\l_El.t-_~J;;'(Q$H\I.~.F>ROGEJ)l)RE;C9.$TS 1$,RJ;YJSEi:lTQ .REI'LgCI tI-lAtc;I,.Qsl;..lGY\iiCLtAKg'- 352' P,LAC:;E AT It!E.I,.Qc:,A, TIQ,f'l.5 QI' 1.1:'-(: ,SEI,. LEK::;JITLEAGENT. . . __,__________ 353' :354- _L:I~_e_I91. ._!3::.J'YfLe-: T~BE;VI~.e;Q tQJ3.r;f~~I;CTI:88fASi:)J~C:It\L~wt\BJ~ANty:o~i;p:WH':LBE fti~.9NC'l_~- 355' ACCEPT.8,~L-E Di;];JI EQI3.GQNYEY f\!i.CE_9E IJ::!.E PROfE..13J'L .. ___~__.__.. 356' 357" _ '..__.._.._ ~._~.__..___ _..__._ _........_ .._,__ ._".__.._____.____._____...,'__~.._._..__....,_____.....__.__...~_n__.__ .______,........_____.._______.. .... ~_ 358' Buy~;b L-J an<fSeT19' JyiJ L-J acknowledge receipt of a copy of this page, which is Pege 6 of 7-pa~es~ I/AC-9 Rev. 4/07 0 2007 Fld-rida Association of REAlfOOS- All Rights Reser\'ed 359' LINE l101:~.JII~g:,SUllI"ARA<3RAPH (1) is REVISED TO REFLECTAG9f'Y_()FJHETIT~E:IN:;;LJF3ANc;E: 3110' G()MMITME:NL:"lHIIL~ ~E.REblVE8E[)T'f'{Q (2)WI"];K~I;tEEORE THE C~()$lN<3DAIE... 361" 382' 1..1~j; 333 j$.R~YISEOtQ Rj;FLEGJfHAtSELL!NG-i;fAL~S8S$OC!IITEjL!Cj;t"-Sj; ~,() W]l,L BE PRQ- 363' IlID.EO.IO.SELLERBY IHEAGENL AND_ANY ..BEQUIREMENIFOR,HANUWRIITEN. EN.IBY.oR_~__.,_. ",",' INllALS IS.WAlYEO.SELLlNG,ElRMIBROKEBAGEFEEWlLLNEEO TO BE PROVIDED_BY THE SELLER. 365- I\No.A~Y REQUJREMENLfQRI:IANQWRlTIENE.tf!RY .OR. 1~IIAkSJS_.wA!I{E.Q:..A~Q_LI~niN..G.f!B_M!, :l66' BROKERAGE FEE WILL BE PROVIDED BY SELLER AND ANY REQUIREMENT FOR HANDWRITTE~ 36,.ENTBY.Qi{INITIACSTS\^iAIVEQ. .... ...., ... .,... . .....,..-, ........ . . . .------ . ,-. 'm'__~=__=~-:__...::==:~ 366" ...~.. ...._._,..... ... ... "__0__ __, _,.. ,.. _.. _____. _......u. "_'_"~_~"_""___"'_"'"" ... ____ ___.__._ .'__.....___.. ..._....._. ..m .m ..,. .,..._...... ...____...__,_,. .._...... __.._d.__......._.,_ _._.. _ _.__ ..... 369" LINE 386-THE NOTATION IN BUYER'S SIGNATURE BToCK THAT READS "SEE ATTACHED SUBSTITUTE 370' SJGNAi\.lRE PAGE;:ISACC;EPTII6LE,,A,NDANY R_EQUiREMtNfs f6RjNlji.A.L:S,A,REWAiyf5~:___:_:_ 371" 372' LINES 394THROlJGH 397 ARETOBECOMPLeTElnfY SETi.ER OR SEi.l.ER;sAGENTAND ANY 373' REQUIREr,1Ef,jTI'QR HANDWRITIEN ENTRIES O'RiNitiAi.s.ARE WAIVED.d . pm_ .. P. . 374' 375' 376 This Is intended to be e legeUy binding contract. n not fully understood, seek the advice of en attomey prior to slgning. 377 OFFER AND ACCEPTANCE 37" (Check Wappllcable: 0 Buyer received a written reai property disclosure statement from Seller before malOng this Offer.) 379 Buyer offers to purchase the Property on the above terms and conditions. Unless this Contract Is sIgned by Seller and a 3110' copy delivered to Buyer no later fhan 5:00 0 a.m, IZI p.m. on FEBRUARY 8 , .lQ1Q., this offer will be 381 revoked and Buyer's d~posit refunded subject to clearance of funds. 382 COUNTER OFFER! REJECTION "". 0 Seller counters Buyer's offer (to accept the counter offer, Buyer musf sign or inrtial the counter offered terms and del"... a 384 copy of the acceptance to SeNer. Unless otherwise stated, the time for acceptance of any counteroffers shall be 2 days from 385' the date the counter is delivered. CJ Seller rejects Buyer's offer. 386' Date; 367" Buyer: Print name: """SEE ATTACHED SUBSTITUTE SIGNATURE PAGE""" 388" Date: 369" Phone: 300' Fax: 391' E-mail: Buyer: Print name: Address: i' 392" Date: ..,,-., z./q lIP I I Seiler: jb.k,s ~s~w-r..s~, -P~~r ~ Print name: STATES RESOURCES CORP. ' 39t\' Date: 395" Phone: 396. Fax: 397" E~mai!; Seller: Print name: Address; 398' Effective Date: (The dale on which the laat party signed or ;nitJaied and delivered the final oller or counterofler.) :199' BUY:~ and Seller & L-.J acknowledge receipt of a copy of this page, which is Page 7 of 7 Pages. The FJorida AModIdIon of Pe.u.TOM I!IrIO IoaII BowdIAaodmIon of ReI.u'oRI make no "'PI_oboli....... to 1M 1egaI.....ldltyor adequ.cy of efl\I proviIioo of !tit form in.-.y If:*tlk: 17liIlMctlon. m.llancJIrdIEedrormlhouldnatbtl.lledilcomplu:~ClI'wtthllJCt8nliWrld..Ot'addtiona. ~1orm "~Ior~I7;""''''''hduIby and II not Intended toldlnllytht IJM'.'~ Ru.uoA II.~ oohcttw ~mwtl:that m~ beUMdonty by_....I~ who...~oth NIlIklnlII~ofRu.l.1'ONWldy,h)....blJcrbtobC0d8C1l'E:It1U. . 1tQ~law&dlhElUillldSlal8s(17U.S.Coda)fabdlh8lX1aAtJJrturj~oft:U1<ICf1T1StJyln)"n1llllI'l6h:1d'lgtacsmleor~brm;. VA,C"9 Rev. 4/07 C 2007 Florida Association of RCAlTORS. All Rights Reserved NEIGHBORHOOD STABILIZATION PROGRAM Property Address: VACANT LAND - No Site Address, Dominion Drive, Naples, FL 34112 Folio Number: 22624480107 Legal: Lot 20, Block 6, Avalon Estates, Unit No, 1, according to the map of the plat thereof as recorded in Plat Book 3, Page 62, Public Records of Collier County, FL. SUBSTITUTE EXECUTION PAGE Date Property acquisition approved by BCC: October 27,2009, Item 16D8 AS TO BUYER: ' DATED: Feh-vilvi,~ ,2.010 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: "-fulL Lv. C~ Fred W. Coyle, Chairman ,: Attest II te CIII '1~.turt OIl.II- Approved as to form and legal sufficiency: ~1)~ Jenm er B, White Assistant County Attorney MEMORANDUM Date: February 8, 2010 To: Gary Bigelow, Property Acquisition Specialist From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: NSP Program "Purchase Agreement" Property Address: Vacant Lot - Dominion Dr. Naples Folio #22624480107 Attached is the original Purchase Agreement referenced above (Agenda Item #16D8) approved by the Board of County Commissioners on Tuesday, October 27, 2009. After processing please forward a fully executed copy to the Minutes & Records Office for the Board's Official Record. If you should have any questions, please contact me at 252-7240, Thank you, Attachment ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original dOOHTlcnts should be hand delivered to the Board Oftke lhe completed routing slip and original documents are to be fon.varded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatuTt:s, dates. andlor information needed. If the document is already complete with the exl,;C tion of Ihe Chainnan '$ si mature, draw a line thrau h rautin lines # I thrall h #4, com Jete the checklist, and forward to Sue Filson (line #5) R!>ute to Addressee{s) Office Initials Date O,..;tst in rautin order) I. 2, 3, ~-"--- - -- ,/ 2/-:J /0 4, Board of County Commissioners (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 surrmary, Primary contact information is needed in the CVl;nt (Jnl; 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 Bee office only aftcr the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved by the BCC 'Type of Document Attached 5, Ian Mitchell, BCC Oflice Supervisor 6, Minutes and Records Clerk of Court's Office fG73 / 0id'f) I Yes (Initial) N/A(Not A Iicable) PRIMARY CONTACT INFORMATION C:74r2'-1 -ircC-6 u",) /0 9' /07 CoIV-r,e./1-e Phone Number q~ ;Ji{t- ?i8 D Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Reviscd 2.24.05. Revised 9. ]8.09 Agenda Item Number Number of Original Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes 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, \\lith 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 exec 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 Ikable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the BCC omce within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aw re 0 our deadlincs[ The document was approved by the nee on Z. enter date) and all changes made during the meeting have been incorporat in t c' ttached document. The Count Attorne 's Office has reviewed the chan cs, if a licable. o 3, 4. 5, 6. ITEM NO,: 10. i2-W--O \B8' ) FILE NO,: ROUTED TO: DATE RECEIVED: - -_._.~ /--" \ / )' 1/ /'~ (L/ ,.' _/ REOUEST FOR LEGAL SERVICES DATE: February 2, 2010 - TIME SENSITIVE _ _.----_.~.') ---_._-,._----'------ JENNiFER B. WHITE,..ASSITANT COUNTY ATTORNEY ~~~~~THfCOUNTyATTORNEy Gary Bigelow Real Property Management TO: FROM: RE: Neighborhood Stabilization Program (NSP) Grant FARBAR "AS IS" CONTRACT ADDRESS: Vacant Land - No Site Address - Dominion Drive ATTACHMENTS: (1) FARBAR Contract (2) Supplemental Data Sheets/CT THIS ITEM HAS NOT BEEN PREVIOUSLY SUBMITTED. FILE NO.: ACTION REQUESTED: DI.U~lsho )~J Q C~ -yU '-:) \ c{ _ ~bk.) C-\C-,cJ ~,~ rv-\:: Please review, and if acceptable, initial/sign, or stamp for legal sufficiency, This item is TIME SENSITIVE, as we have to have it executed and returned to the Seller by 5 PM, on Friday, February 8,2010, 1)~nkYOU very much. .~... --C-a ----- MEMORANDUM Date: February 17, 2010 To: Gary Bigelow, Property Acquisition Specialist Facilities Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: NSP Program Vacant Land Contract Property Address: Vacant Lot ~ Dominion Dr. Naples Folio #22624480107 Attached is the original contract, further initialed by the Chair and referenced above (Item #16D8) approved by the Board of County Commissioners October 27, 2009. The Minutes and Records Department will hold a copy of the contract in the Board's Official Records. If you 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 SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the l30ard Office. The completed routillg slip and original documents are to be fomarded to the Board omce only!t!!tr the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion oCthe Chainnan's sienature, draw a line through routing lines #1 throut!h #4, comnlete the checklist, and forward to Sue Filson (line #5). R!lute to Addressee(s) Office Initials Date JL}st in routing order) 1. --- .. . 2. " 3, ,//----..'.... 4, ~ 5, Ian Mitchell, BCC Office Board of County Commissioners Supervisor 6, ~tilnfl:'3 ana Rec61ds Clerk ofC6LUt':'! Offi.Ge PRIMARY CONTACT INFORMATION (Th~ primary contact is the holder of the original document pending Bce approval. Normally the primary contact is the person who created/prepared the executive sUlT'mary. Primary contact information i:-; needed in the evenl onc 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. ~ ' b I &i?LOl0 Phone Number f?{)73 jCe])f J Yes (Initiai) N/A(Not A licable) Agenda Item Number (10,-0 T/L/-/c.7 Number of Original Documents Attached tJ1~ ;JI'V 1) ;J/~ i: Forms/ County Forms/ Bee Forms/ Original Ducumenls Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable coiumn, whichever is a TO riate. Original document has been signed/initialed for iegai 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 ail parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-fhrough and revisions have been initialed by thc County Attorney's Office and all other arties exce t fhe BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. HSign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to ran Mithchcll in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be a are f our deadlines! The document was approved by the Bee on , 7 0 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne '5 Office has reviewed the chan cs, if a Jicable. o 3, 4. 5. 6. From: Gary Bigelow, Property Acquisition Specialist Collier County Real Property Management To: Mr. Ian Mitchell, BCC Office Supervisor Board of County Commissioners February 12, 2010 Ian: Attached, please find the routing slip for the FARBAR contract dated February 8, 2010 for which the Chairman has already executed, The Seller has further requested that we initial the pages where indicated to finalize this Agreement and proceed toward closing. I have placed "Sign Here" tabs along with highlight arrows for Chairman Coyle's ease of reference. There are a total of nine (9) initialing blocks to be completed. Please call me when this item is ready to be picked up. Thank you very much for your kind assistance. Have a safe and enjoyable President's Day weekend. Best regards, ~