As Is Contract for Sale and Purchase #2
r~ls FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS. AND THE FLORIDA BAR
UAs Is" Contract For Sale And Purchase
ll-ll I ,,_,.\ r\ ' !;..> J ' 11- I , - '-' 1) ) . I. _ j t. t L.' ,_...l, I-'
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Deutsche Bank Trust Company Americas, as Indenture Trustee for Saxon Asset
1* PARTIES: by Saxon Mortgage Services, Inc., its Attorney-in-Fact . ("SeUer"),
?* and Collier County, a political Subdivision of the State of Florida ("Buyer"),
hereby agree that Seller shall sell and Buyer shall buy the following described Real Property ~d Personal Property (collectively "Property")
;JUr.'3uant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"):
I. DESCRIPTION: .
. (a) Legal description of the Real Property located In Coll~er County, Florida: The West 180 feet of
Tract 50, Golden Gate Estates, Unit 71, as recorded in Plat Book 5, Page 7, Public Records of Collier County.
(b) Street address, city, zip. of the Property: 3420 24th Avenue NE, Naples, FL 34120
(c) Personal Property includes existing range(s), refrigerator(s), dlshwasher(s), ceiling fan(s), light fixture(s), and window treatment{s) unless
specifically excluded below.
Other Items Included are:
10
.,
oj
~~
:1*
Not Applicable
12'
13"
14*
Not Applicable
Items of Personal Property (and leased items, if any) excluded are:
1:;' II. PURCHASE PRICE (U.S. currency): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 PAYMENT:
h . T. 1 c' $__3,000.._00
17. fa) Deposit held n escrow by Nort Amencan ,t e ompnay ("Escrow Agent") In the amount of (checks subjllCl to clearance)
551 N C ttl e Rd S te 100 Sarasota. FL 34232 (866) 938-3690
18. Escrow Agent's address: . a . em n .. ui . Phone:
19* (b) Additional escrow deposit to be made to Escrow Agent within _ days after Effective Date In the amount of. . . . . . . . . .
?O* (c) Financing in the amount 01 ("Loan Amount") see Paragraph IV below . . . . . . . . . . . . . . . . . . , . . , . , . . . . . . . . . . . . . . . . . . .
21 * (d} Other. . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . , . . . , . . . . . . . . . . . . . . . . . . . . .. ........................
22 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject
~3* to adjustments or prorations. . . . . . . . . . . . . , . . ,. ............................,........,....................... $ 54,800.00
24 Ill. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
25 (a) If this offer IS not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or
~;5* before 10 days from Counteroffer . the deposit(s) will, at Buyer's option. be returned and this offer withdrawn. Unless other-
27 wise stated, the time for acceptance of any counteroffers shall be 2 days from the date the counteroffer is delivered.
..~8 (b) The date of Contract ("Effective Date") witl be the date when the last one of the Buyer and Seller has signed or initialed this offer or the
~!:l final counteroffer. If such date is not otherwise set forth In this Contract, then the "Effective Date" Shall be the date determined above for
,.. "DEPOSIT DUE WITHIN FIFTEEN (15) DAYS OF EFFECTIVE DATE. COUNTEROFFERS
30 acceptance of this offer or. If applicable. the final counteroffer. INCLUDE ANY ADDENDA SUBMITTED AFTER EITHER PARTY SIGNS.
:~1 IV. FINANCING:
32. ij[ (a) This is a cash transaction with no contingencies for financing;
33* 0 (b) This Contract Is contingent on Buyer obtaining written loan commitment which confirms underwriting loan approval for a loan to purchase
14. the Property ("Loan Approval") within _ days (11 blank, then 30 days) after Effective Date ("Loan Approval Date") for (CHECK ONLY
36* ONE): 0 a fixed; 0 an adjustable: or ::J a fixed or adjustable rate loan, in the loan .Amount (See Paragraph 1I.(c)) at an ilitlal interest rate not to
36* exceed %. and for a term of _ years. Buyer will make application within _ days (if blank, then 5 days) after Effective Date.
:: 7 BUYER: Buyer shall use reasonable diligence to: obtain Loan Approval; notify Seller in writing of receipt of Loan Approval by Loan Approval
38 Date; satisfy terms of the Loan Approval; and close the loan. Loan Approval which requires a condition related to the sale of other property shaU
39 not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan expenses. Buyer authorizes the mortgage broker(s) and
.10 lender(s) to disclose information regarding the conditions, status, and progress of loan application and Loan Approval to Seller. Seller's attorney,
41 real estate Ilcensee(s), and Closing Agent.
42 SELLER: If Buyer does not deliver to Seller written notice of loan Approval by Loan Approval Date, Seller may tt1erOOfter cancel this Contract by
43 delivering written notice ("Seller's Cancellation Notice") to Buyer, but not later than seven (7) days prior to Clo$jng. Seller's Cancellation Notice shall
44 notify Buyer that Buyer has three (3) days to deWer to Seier written notice waiving this Financing contingency, or the Contract shall be cancelled.
45 OEPOSIT(S} (for purposes of this Financing Paragraph IV(b) only}: If Buyer has used reasonable diligence but does not obtain Loan Approval
.16 by Loan Approval Date, and thereafter either party elects to cancel this Contract, the deposit(s) shall be returned to Buyer. If Buyer obtains Loan
4 ! Approval or waives this Financing contingency, and thereafter the Contract does not dose, then the deposit(s) shall be paid to Seller; provided how-
18 ever; if the failure to close Is due to: (0 Seller's failure or refusal to close or Seller otherwise falls to meet the terms of the Contract, or (i~ Buyer's lender
.~9 fails to receive and approve an appraisal of the Property in an amount sufficient to meet the terms of the Loan Approval. then the deposit(s) shall be
~)O returned to Buyer.
51* 0 (c) Assumption of existing mortgage (see rider lor terms); or
::-2. 0 (d) Purchase money note and mortgage to Seller (see "As Is" Standards Band K and riders; addenda; or special clauses for terms).
53. V TITLE EVIDENCE: At least _ days (11 blank, then 5 days) before Closing a title insurance commitment with legible copies of instruments listed as
'.4 exc(;:.>tions attached thereto ("Title Commitment") and, after Closilg, an owner's policy of tttle insurance (see Standard A for terms) shall be obtained by:
t,::,* (CHECK ONLY ONE): (2f (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or
56* 0 (2) Buyer at Buyer's expense.
';7. (CHECK HERE): Cllf an abstract 01 title is to be furnished instead of title insurance, and attach rider lor terms.
58* VI. ClOSlNG DATE: This transaction shall be closed and the closing doct.rnents deIvered on April 16. 2010 ("Closing"), unless
59 r:1odified by other provisions of this Contract. In the event of extreme 'NOOther or other conditions or events constituting "force majeure", Closing Vllil be
60 extl:nded a reasonable tine l.f1tl: (i) restoration of utlitles and other services essential to Closilg, and OQ availability of Hazard, Wind, Flood. or Homeowners'
6;* insl.lrance.1f such conditions contnue more than ~ days (d blank. then 14 days) beyond Closing Date, then either party may cancel this Contract.
$
57,800.00
N/A
$
$
$
N/A
N/A
F.'.8/BAR ASIS-2 Rev. 9/07 <<:> 2007 Ronda Association 01 REALTORS. and The Ronda Bar All Rights Reserved Page 1 of 5
62 VII. RESTRICTIONS; EASEMENTS; UMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zoning,
63 restrictions, prohibitions and other requirements Imposed by governmental authority; restrictions and matters appearing on the plat or otherwise
64 common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; unplatted public utility easements of record
65 (Io~ated contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet In width as to the side
66 lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, If any (If additional items, see
67* addendum); provided. that there exists at Closing no violation of the foregoing and none prevent use of the Property for
68* Neighborhood Stabilization Program (NSP) purpose(s}.
69 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property is intended
70 tc ue rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to "AS IS" Standard
71 F. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable
72 for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy.
73 li<' TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed pro~
74 visions of this Contract In conflict with them.
75* X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer 0 may ass~n and thereby be released from any further liability under this Contract; 0 may
76* assign but not be released from liability under this Contract; or ~ may not assign this Contract.
77 XI. DISCLOSURES:
78 (a) The Property may be subject to unpaid special assessment lIen(s) imposed by a public body ("public body" does not Include a
78 Condominium or Homeowners' Association). Such Iien(s), If any, whether certified, confirmed and ratified, pending, or payable in installments,
80* as of Closing, shall be paid as follows: 1i by Seller at closing 0 by Buyer (If left blank, then Seller at Closing). If the amount of any
B1 assessment to be paid by Seller has not been finally determined as of Closing, Seller shall be charged at Closing an amount equal to the
82 last estimate or assessment for the improvement by the public body.
83 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantitieS may present health risks to per-
84 sons who are exposed to It over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
85 Additional Information regarding radon or radon testing may be obtained from your County Public Health unit.
86 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information
87 regarding mold, Buyer should contact an appropriate professional.
88 (d) Buyer acknowledges receipt of the Rorida Energy-Efficiency Rating Information Brochure required by Section 553.996, ES.
89 (e) If the Real Property includes pre-1978 residential housing, then a lead-based paint rider Is mandatory.
90 (f) If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act. the parties shall comply with that Act.
91 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA-
82 liON/COMMUNITY DISCLOSURE.
93 (h) PFOPERTY TAX DiSCLOSURE SUtv'MARY: BlNER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPER1Y TAXES AS THE AVOUNT
94 OF PROPER1Y TAXES THAT THE BUYER rvlAY BE 08lJGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER-
95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSrvENTS OF THE PROPER1Y THAT COULD RESULT IN HIGHER PROPERTY TAXES,
86 IF YOU HAVE IWY QUESTIONS CONCERNING VALUAllON, CONTACT THE COJNTY PROPERTY APPRAISER'S OFFICE FOR INFORMAllCN.
.1? Xli. MAXIMUM REPAIR COSTS: DELETED
93* XIII. HOME WARRANTY: ::J Seller;,) Buyer (l: N/A will pay for a home warranty plan issued by
g9* at ,; cost not to exceed $ $ 0 . 0 0 .
1'')0* XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have ~ days from Effective Date ("Inspection Period") wJthln
101 which to have such inspections of the Property performed as Buyer shall desire and utilities service shall be made available by the
. 02 SeJler during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such inspections and repair of damage
1 D3 to and restoration of the Property resulting from such inspections and this provision (b) shall survive termination of this Contract;
104 and (c) if Buyer determines, in Buyer's sole discretion, that the Property Is not acceptable to Buyer, Buyer may cancel this Contract
105 by delivering facs/mlfe or written notice of such election to SeJler prior to the expiration of the Inspection Period. If Buyer timely
1 GEl cancels this Contract, the deposlt(s) pald shall be immediately returned to Buyer; thereupon, Buyer and Seller shall be released of
107 all further obligations under this Contract, except as provided in this Paragraph XI1/. Unless Buyer exercises the right to cancel
1 Q8 granted herein, Buyer accepts the Property In its present physical condition, subject to any violation of governmental, building,
11)9 environmental. and safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements
11 ,) required by Buyer's lender.
111 XI/. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract:
1 ~ ?* 0 CONDOMINIUM 0 VMHA 0 HOMEOWNERS' ASSN. i! LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE
113* 0 INSULATION 0 EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) D Other Comprehensive Rider Provisions a Addenda
: 14. Special Clause(s): Seller agrees to execute Buyer's forms GAP Affidavit, Public Disclosure Affidavit,
'1.15* ~:~cial Warranty Deed, and Substitute Vendor W-g. Seller will deliver the completed and signed W-g to Buyer
11f* ~lmultaneously with signed contract.
117*
:18. ~ller warrants property is vacant and shall remain so through closing to comply with requirements of the
119* NC'lghborhood Stabilization Program.
-120*
1~1. ~~~ndards B, F, and Yare deleted.
122. Du~ to Buyer being a County governmental agency with specific guidelines and procedures, Seller acknowledges
,23. t'Jdt Standard S is hereby deleted.
124* S~andards D and N are deleted.
125*
,26 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt of a copy
. ,17 0' "A,S IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract.
FArVBAR ASIS~2 Rev. 9/07 il:l2007 Florida Association of REALTORS- and The Florida Bar All Rights Reserved Page 2 of 5
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THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
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THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR.
Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a
particular transaction. Terms and conditions should be negotiated based upon the respective Interests, objectives and bargaining
positions of all interested persons.
AN ASTERISKr) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED.
DEUTSCHE BANK TRUST COMPANY AMERICAS. AS INDENTURE
TRUSTEE FOR SAXON ASSET SECURITIES TRUST 2004-2
BY SAXON MORTGAGE SERVICES. INC.. ITS ATTORNEY-IN-FACT
135* ..See signature Block Below
136 (BUYER)
(DATE)
(SELLER)
(DATE)
BY:
137*
138 (81J fER) (DATE)
139. Buyers' address for purposes of notice Real Property Management
(SELLER)
Sellers' address for purposes of notice
A.V.P.
(DATE)
140'. ~_1 Tamiami Trail East, Naples, Florida 34112
141. "391 252-8991 Phone Phone
142 BROKERS: The brokers (including cooperating brokers, If any) named below are the only brokers entitled to compensation In connection with
143 thiS Contract:
144* Name: Perfect Properties of Naples
1'45 Cooperating Brokers, if any
Amerivest Realty
Listing Broker
Dace Property acquisition approved by BCC:
Oct.>Der 27, 2009, Item 16D8
DATED: ~~OI~;I~/lI
BUYER:
'.,i....
ATT;';ST:' . ..,.'.;:,-
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~ ."st.~;_ ~ ,
'19fi~1;urt ~.'~//
.~ ~). ~ .......""'.
',' . .j' N .;H: ~J.J I
BOARD OF COUNTY COMMISIONERS
::~LL~~FW~A ~
FRED W. COYLE, CHAIRMAN
Apprr.'ved as to form
.nd le0al sufficiency:
~~
-,--~~
Jennite . White,
A3sis!'"nt County Attorney
2roFerty Address: 3420 24th Avenue NE, Naples, FL 34120
FAR, 'JAR ASIS-2 Rev. 9/07 ~ 2007 Florida Association of REALTORS. and The Rorida Bar All Rights Reserved Page 3 of 5
146 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
147 A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the deed to Buyer,
I 48 an owners policy of title insurance in the amount of the purchase price, insuring Buyers marketable title to the Real Property, subject only to matters contained
1 ~9 in Paragraph VII and those to be discharged by Seller at 01' before Closing. Marketable title shall be dete~ined accOI'ding to applicable nle .Standards. ~Pt-
150 ad by authorl1y of The Aorida Bar and in accordance with law. Buyer shall have 5 days from date of receIVing the Title Commtment to examine It, and If title IS
151 four.d defective. notify Seller In writing specifying defect(s) which render title unmarketable. Seller shall have 30 days from receipt of notICe to remove the
152 defects, failing WhiCh Buyer shall. within 5 days after expiration of the 30 day perIOd, deliver written notice to Seller either: (1) extending the time. 101' a .reason-
153 able period not to exceed 120 days Within which Seller shall use diligent effort to remove the defects; or (2) requesting a refund of de~oslt(s) paid which shall
164 be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the !itle as It then IS. Seller shall, if title IS found unmarketable.
1 '~5 use diligent effort to correct defect(s) within the time provided. If, after diligent effort, Seller is unable to timely correct the defects, Buyer shall either waive the
156 defects, 01' receive a refund of deposit(s). thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller is to provide the Title
157 Commitment and It is delivered to Buyer less than 5 days prior to ClOSing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt
158 to examine same in accordance with this "AS IS' Standard.
159 B; PUROIIASE MONEY MORTGAGE, G[OURITY AGREEMENT TO SELLER: /" pUf'Elhaeo menS}' msrtgags and m9rtgage nets te l!Iell8l' shall provide for a
+6e ao day grace period In thc c',ont of 6efal;J~ If a first mertgago fIf\d a 1 a day graee peFiea if a second 9r IeEser fl'lortgage, shall ~F~Njd9 for right of ~ayment
+6; II"'. ,vt1ole 01 in P"" ..;tl1out penalt), 31'1all ~em'1it aeeeloffltieFt iFt C'tont of tfUAsfor of IRC Real Pf'Elperty; shall F9€l~iFe all ~ri9r liens and enG\lmbrancellto be kept
+62 ir, good standing, !lMell forbid modilieallofl3 of, or futuro aavW1000 UASer, pr-ier ffiOR\jJQ!jo(e); l)hall r9EI~ife ikj'er to ffiaintain peliGies Qf i"sblranclil containing a
+68 stendllld mortgegee clause cOvering all iffij;)n:hemeAts loeated on tho Real Proper:ty against fire and all [iJerile inGI\;Idsd within the term 'extendgg Iolg"erage
f64 ef100 sements" and lluch otl'ler Ii" af'ld I'Crila 00 Seller ffl8) reaaonaBly roqt:iro, iA an amount 8Q\;IaI t6 their higheet insbJraele valbJei and the mgrtga99, noti!
+65 I!ftd security agreement !!Mall be otMsr.vioo iFl klFffl BAd eOfltont roql:lired 13y Seller, but Seller ma~ only feEllMfe Glablss& and Gl.wer.ase l,;ustQfl'laFiI~ fg",nd in mort
+66 gage!>" ,lOrtgage "ates a,ld Ilecuril'y agreernefflJ generally utilized BY Sf.l'>'1A!j6 ane 100R IAstitutioAS er state or national banks looated in the I,;O\;lnl'l 'NhefeiR the
+6'f' neal r'1operty 13 located. All reraonel rro~rt) ana I066e5 bolA!} oen'o'S't'eEl or assignee! will, at Seller'e oJ*ie", ge swe;oct to thg Usn 91 a S8I.:I.lRty agF~ent Qui
l68 deuced by recorded or filed fil'16nCiOg :'3tetemerlt5 or col1ifioot03 ef title. If a balleen Fflert€l8ge, Iho ~Aal Jil8~'ffieAt will ElXG899 Il1e ~riGQiG ~a~entll th9'9Qn.
t69 C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and cortl-
170 fil".' by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback
17t lires, easements, lands of others or Violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect.
172 D. WOOD DESTROYINC ORQANISMSl DEl&TEiD
. 73 E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as descnbed
174 In ~aragraph VII hereof and title to the Real Property is insurable 111 accordance with "AS IS" Standard A without exception for lack of legal right of access.
175 F. LEASES: Cellflj shall at least 10 ell)s befere CleeiR!}, furnish to 8l1t'er cef')iee at all written leases and estel3~lletteFS ffofl'l 8BGh tenant sf)9l.;lfyiRg the natl.,ll'9
''Z8 8I'ld- juration of 11'16 !cRaMl'e occupaney, rental fatoo, aavaReee roRt aAe eoeul'ity ee[iJ06lts ",aid by tenant. If Seller is I.lnaele te Golsi" sl.,Ilolh letter fr:gm 8~h ten
++1 1I1"l'. IMe Ill!l"I'Ie information sRall Be fUrAlshed by Seller te Buyer vlithiA that tiffiO poriea In the form ef a Soller's aflida':il. an€! El~yer may It:leroafter lolontlKlt ten
fiZ8 Mrt- to confirm sueh il'lforffiaticm. If tAe terms of tl'la leasos aifter fRafOFlall'l from SellClrs FOproooAtations, 81.l'ler may tormlAate this ContraE:t by deli'/sArli .\'f'it:ten
+7tl notic:e to Cellet atlea3t 5 da)3 pl'lor to Cle6iA~. Soller sholl, at ClosiA!j, deliver and assi@n all 9Rgina11e3896 to B\;Iyer,
180 G. LIENS: Seller shall furnish to Buyer at time of Closing an affidav~ attesting to the absence, unless otherwise provided for herein, of any financing statement,
181 Glaims of lien or potentlallienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days Imme-
102 diC:'ely preceding date of Closing. If the Real Property has been improved 01' repaired within that time. Seller shall deliver releases or waivers of construction
1 ~3 I~;)ns executed by all general contractors, subcontractors, suppliers and materialmen in addition to Sellers lien affidavit setting forth the names of all such gen-
t b4 er:.tl contractors, subcontractors, suppliers and materialmen. further affirming that all charges for improvements or reprors which could serve as a basis for a
1 85 c..instruction lien or a claim for damages have been paid or will be paid at the Closing of this Contract.
t 86 H. PLACE OF CLOSING: Closing ehall be held in the county wherein the Real Property is located at the offICe of the attorney or other closing agent ('Closing
187 Agenn designated by the party paying for title insurance, 01', If no title insurance, designated by Seller.
188 I. TIME: Calendar days shall be used in computing time periods excepl periods of less than six (6) days. in which event Saturdays, Sundays and state or nation-
189 a/legal holidays shall be excluded. Any time periods provided for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the
190 next business day. Time is of the essence in this Contract.
191 J. CLOSING DOCUMENTS: Seller shall furnish the deed, biN of sale, certificate of title, construction lien affidavit, owners possession affidavit, assgnments of leas-
192 es, tfflant and mortgagee estoppe1letters and corrective Instruments. Buyer shall furnish mortgage, mortgage note, security agreement and financing statements.
193 K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. All costs of Buyers loan (whether obtained
194 from Seller or third party). including, but not limited to, documentary stamps and Intangible tax on the purchase money mortgage and any mortgage assumed.
195 mortiJagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer.
196 Unit'.;S otherwise provided by law or rider to thiS Contract, charges for related closing services, title search, and closing fees (inclucling preparation of clOSing
197 sfto'.cment). shall be paid by the party responSible for furnishing the title evidence in accordance with Paragraph V
198 L. PRORATIONS; CREDITS: Taxes, assessments. rent, interest. insurance and other expenses of the Property shall be prorated through the day before Closing.
'::19 BVl er shall have the option of taking over eXisting polICieS of Ir1surance, if assumable. In which event premiums shall be prorated. Cash at Closing shall be
<'I.'() increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing. Advance
201 reri and security deposits will be credited to Buyer. Escrow deposits held by mortgagee wil be cred~ed to Seller. Taxes shall be prOl'ated based on tile current
,102 YJars tax with due allowance made for maximum allowable discount, homestead and other exemptIOns. If Closing occurs at a date when the current year's mill-
203 aw' is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assess-
.'04 men~ is not available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1 st of year of ClOSing,
;C:_.5 wt\r.h improvements wers not in existence on January 1 st of prior year. then taxes shall be prorated based upon prior year's millage and at an equitable assess-
206 n...::nt to be agreed upon between the parties; faiing which, request shall be made to the County Property Appraiser for an informal assessment taking Into
207 iolC-:;Ount available exemptlOl1S. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current year's tax bill.
208 M. (RESERVED - purposely left blank)
209 N. INSPEOTION AND REPAIR: DELETED
210 U. RISK OF LOSS: If, after the Effective Date, the Property is damaged by tire or other casualty ("Casualty Loss") before Closing and cost of restoration (WhICh
211 shalllnclucle the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase Price, cost of restoration shall be an obligation of Seller and
212 ClOSing shai proceed pursuant to the terms of this Contract. and If restoration is not completed as of Closing, restoration costs will be escrowed at Closing. If
213 th::. COS1 01 restoratIOn exceeds 1.5% of the Purchase Price, Buyer shall either take the Properly as is, together with the 1.5% or receive a refund of deposit(s)
2' 4 1IiE'~eby releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation with respect to tree damage by casualty or other natu-
210 rp! occurrence shall be the cost of pruning or removal.
?16 P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title agent insures adverse matters pursuant to Section 627.7841,
217 F.S.. as amended, the escrow and clOSing procedure required by this "AS IS" Standard shall be waived. Unless waived as set forth above the follOWing
FAH/BAR ASIS~2 Rev. 9/07 lC 2007 Florida Association of REALTOHS. and The Florida Bar All Rights Reserved Page 4 of 5
230
231
232
233
214
235
236
237
238
239
240
241
~
248
~
245
246
247
248
249
250
251
252
253
254
265
."56
~~7
258
259
26Q
261
282
2b3
264
265
266
26;'
268
2W
2-79
271
272
273
218
219
220
221
222
223
224
225
226
227
:228
229
"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
Jio.:;,ng procedures shall apply: (1) all closing proceeds shall be held in escrow by the Closing Agent for a period of not more than 5 days after Closing; (2)
if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall. within the 5 day periOd, notify Seller In writing of the defect and Seller shall
nove 30 days from date of receipt of such notification to cure the defect; (3) if Seller fails to timely cure the defect, all deposits and closing funds shall, upon
written demand by Buyer and within 5 days after demand, be retumed to Buyer and, simultaneously with such repayment, Buyer shall return the Personal
PIOperty. vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand
fGr refund, Buyer shall take title as is, waiving all nghts against Seller as to any intervening defect except as may be available to Buyer by virtue of war-
ranties contained in the deed or bill of sale.
O. ESCROW: Any Closing Agent or escrow agent (collectively "Agent") receiving funds or equivalent IS authorized and agrees by acceptance of them to deposit
them promptly, hold same In escrow and, subject to clearance. disburse them in accordance with terms and conditions of this Contract. Failure of funds to
clear shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the prOVisions of this Contract, Agent may, at Agent's option, con-
tinue to hold the subject matter of the escrow until the parties hereto agree to its disbursement Of until a judgment of a court of competent jurisdiction shall
determine the rights of the parties. or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents
a party and also acts as Agent may represent such party In such action. Upon notifying all parties concerned of such action, all liability on the par! of Agent
.,hall fully terminate. except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent Will comply with
provisions of Chapter 475. FS.. as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in
.any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to
be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable
to dny party or person for misdelivery to Buyer or Seller of items subject to the escrow. unless such miSdelivery is due to willful breach of the prOVISions of this
Contract or gross negligence of Agent.
R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement 0( Interpretation, arising out of this Contract, the prevailing party in SUCh liti-
gation. which. for purposes of this "AS IS" Standard, shalllnclude Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by
Chapter 475, FS., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses.
S. FAILURE OF rEAFOR~.ANCE: If Buyer fails to pol1orFl'l this Contmct within the time spElcified, inclu€ling paYfOOAt of all dCl3omts, :: a=::~ :: ~f
Btr;er and del'esit(a) 6f:Jreed to ee f;Jtlie, me, ee fflo6\ered !lAd retained ey and fer the /lOBOUA! Elf Seller as ogFeOO bll'GA Ilquieatod dEII'AO 6, ~_. [).; f r
~;o :~~~~~~_tAi6 CeAtrc.let ane IA fuU settlemClAt of aAY elai.me; ...,'t:lere"I3ClA. BlJ'jor Clnd Seller sha/leo Felie\'eS of all oelil')EltlElAS uFloor thi~;::;;;; ~ s~~,
~~ ~r':~p~~ft, me) I'FQecee In equity to enferee &:lIor's RgRls biRder tRIS COAtraet. If fer all) r-c6san eti<ler thaR falltJFe af Soller te mE! \ '_ t ,C
kct~::: ~~~~. ~:~:~~ ~~.~3 er roftlS6S Ie ",o~rm tAia Cemmel, Buyer fRay seel! slgeellie pmfElrFA6f1cc er oloet Ie FOeei-.';~~ ;;;n ef ~;;;~
6et;es:~l6l':J1tAectt thmeey WGiVl"9 any 8efleA fer damages resultln!! ffom Sellar'll eIBaoh.
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any notice of it shall be recorded in any public records.
Th,:; Contract shall bind and inure to the benefit of the parties and their successors in Interest. Whenever the context permits, singular shall include plural and
on:;, gender shall include all. Notice and delivery given by or to the attorney or broker representing any party shall be as effective as ~ given by or to that party.
All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile or electronic (including .pdt") copy of this
Q';1tract and any signatures hereon shall be considered for all purposes as an original.
U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or guardian's deed, as
appmprlate to Ihe status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at the
request of Buyer, be transferred by an absolute b~1 of sale with warranty of title, subject only to SLK:h matters as may be otherwise provided for herein.
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless Included in this Contract. No mod-
mcation to or change in this Contract shall be valid 0( binding upon the parties unless in writing and executed by the parties intended to be bound by it.
W. SELLER DISCLOSURE: (1) There are no facts known to Seller materialy affecting the value of the Property which are not readily observable by Buyer or
whICh have not been disclosed to Buyer; (2) Seller extends and intends no warranty and makes no representation of any type, either express or implied,
as to the physical condition or history of the Property; (3) Seller has received no written or verbal notice from any governmental entity or agency as
to a currently uncorrected building, environmental or safety code violation; (4) Seller has no knowledge of any repairs or improvements made to the
Property without compliance with governmental regulation which have not been disclosfld to Buyer.
~t PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES; Seller shall maintain the Property. including.
but not limited to lawn, shrubbery. and pool in the condition existing as of Effective Date, ordinary wear and tear and Casualty Loss excepted. Seller shall, upon
f.:as'mable notice. prOVide utilities service and access to the Property for appraisal and inspections, including a walk-through pOor to Closing, to confirm that
all ;\ems of Personal Property are on the Real Property and that the Property has been maintained as required by thiS "AS IS" Standard. Seller will assign all
P!'sl9nable repair and treatment contracts and warranties to Buyer at Closing.
y., ~=~ ::=~ I~:: =~:~r~~ ~o ~~~~ €I ~ IdAa OllOI'lBAgO (citt-1er eiml:llteftool:Js witl'l ClesiR9 or derorrCd) Ytith r:::c: :r;=
-: =:.: :::-~ ~ ~ ~~_1. ... "he< """ ,... ""..""". " .....,"'. 'i::: ; ,,=;,:. ::;:;
~~ :::=:~= = a::::::::: ;:.~~~ ~) t~ ~tiAg part'1 eAalI Incur AEI Iialalllty er OllpOASO r-elatoa te tAe ! A c I'l I' II
centlAgaAt l#l6A, Rer cllfeAaea Clf eolayed by, sueR WR8AOEl.
Z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permittfld by law, against any real estate licensee involvfld
in the negotiation of the Contract, for any defects or other damage that may exist at Closing of the Contract and be subsequently discovered by the
Buyer or anyone claiming by, through, under or against the Buyer.
FAR/BAR ASIS-2 Rev. 9/07 C 2007 Florida Association of REALroRs. and The Florida Bar All Rights Reserved Page 5 of 5
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD
CONSUL T LEGAL, TAX, OR OTHER PROFESSIONAL COUNSEL BEFORE SIGNING.
Counterproposal to Purchase and Sale Agreement
rhis Counterproposal to Purchase and Sale Agreement ("Counterproposal") amends, modifies, revises, and is incorporated for all
purposes into the proposed purchase and sale agreement or contract (together with any attachments or addenda thereto, "Contract")
ddted 02119/10 between Saxon Mortgage Services Inc. ("Seller") and Collier County. a political subdM ("'Buyer")
relating to the sale and purchase of the following described real property ("Transaction") located in COLLIER County,
.R . otherwise know as 3420 24TH AVE NE NAPLES FL 34120 (together with any
inlprovements thereon, "Property").
SeIler and Buyer agree as follows:
· PRICE: The "Purchase Price" shall be $ 57800.00 . "Earnest Money" in the amount of $ 3000.00 is due
upon Buyer's acceptance of this Counterproposal and is to be hcld by North American Title. Earnest Money shall
be in a form acceptable to Seller, including celtified funds, cashiers and tellers checks, and money orders; cash is
unacceptable. NOTWITHSTANDING CUSTOMARY PRACTICES OR ANY PROVISION OF THE
CONTRACT TO THE CONTRARY, UNLESS OTHERWISE PROVIDED IN THIS COUNTERPROPOSAL
OR REQUIRED BY APPLICABLE LAW, THE EARNEST MONEY SHALL BE NON-REFUNDABLE. In the
event the Contract or this Counterproposal provides for the release of the Earnest Money to Seller, execution of this
Counterproposal by Buyer will serve as a written release, and the only release necessary, for the escrow company or
closing agent to immediately release the Earnest Money as such to Seller.
· SELLER CONCESSIONS:
Closing Costs (not to exceed):
Seller-paid Repairs (see below):
Lender Required Repairs:
Homeowners Warranty Amount:
Other
$ 0.00
$
$
$
$
If Seller has agreed to pay for the cost of any repairs ("Seller-paid Repairs"), Seller shall cause such Seller-paid repairs
to be made by contractors designated and approved by Seller prior to the time the Transaction is closed ("Closing"). In
the event Closing docs not occur, Buyer will be responsible for any costs Buyer has incurred in connection with this
Contract. Closing costs paid by Seller will be paid at Closing and must be based on actual, specified closing costs.
At
any
Closing,
Se lIeI'
shall
pay
for
the
foIlowing
treatments
and
repairs,
if
· CLOSING: The Closing shall be on or before 04 162010 ("Closing Oate"). The "Closing Agent" will be
North American Title Company-Florida or Buyer's title insurance provider indicated in paragraph] 6 below
TIME IS OF THE ESSENCE IN THIS CONTRACT.
1l'4 THE EVENT ANY PROVISION OF TlliS COUNTERPROPOSAL CONFLICT IN WHOLE OR IN PART WITH THE
TERMS OF THE CONTRACT, THE PROVISIONS OF THIS COUNTERPROPOSAL WILL CONTROL EXCEPT TO
THE EXTENT SUCH PROVISIONS OF THIS COUNTERPROPOSAL ARE CONTRARY TO ANY APPLICABLE LAWS,
RVLES, OR REGULATIONS ("APPLICABLE LAW"), IN WHiCH CASE THE CONTRACT SHALL GOVERN ONLY
TO THE LIMITED EXTENT NECESSARY FOR COMPLIANCE WITH ANY SUCH APPLICABLE LAW.
Buyer's Initials
Buyer's Initials
Seller's Initials
P.'ge] of 10
l'OlJPtcrproposal to Purcha~ and Snie Agreemcn1 06/10/08
The tenllS and conditions of the Contract are further amended, modified, and revised by this Counterproposal as follows:
1. Deed. Seller shall furnish to Buyer at Closing, either a special warranty deed, a quitclaim deed, or such other deed ("Deed")
necessary to convey insurable title to the Property, subject to the terms of the Contract and this Counterproposal. If more than one
form of Deed will suffice for conveying insurable title, Seller in its sole discretion may elect the fonn to use to convey the Property to
Btlyer.
Buyer's Initials
2, Consideration of Offers. Buyer acknowledges that SelicI' may have received offers prior to or may receive offers after receipt of
Buyer's current offer evidenced by the Contract. Buyer acknowledges that Seller may consider all offers to purchase the Property,
regardless of the date of receipt, and that Seller may accept or reject any offer in Seller's sole discretion. Seller's agreement to sell the
!>roperty to Buyer is evidenced solely by Seller's signature of this Counterproposal and no prior oral discussions or representations of
any kind by Seller, or its agents or representatives, shall be binding upon Seller unless set forth in this COlmterproposal
3. Special Conditions. Buyer acknowledges that Seller obtained the Property by foreclosure or a deed in lieu of foreclosure. The
Contract and this Counterproposal may be subject to the following: (a) approval by a private mortgage insurer; (b) repurchase of the
Propelty by the prior mortgage servicer or insurer; or (c) the ability of Seller to convey insurable title as required by the Contract and
this Counterproposal. In the event that any of these conditions apply, Scller in its sole discretion may tenninate the Contract and this
CC'JOterproposal and promptly refund the Earnest Money to Buyer as Buyer's sole and exclusive remedy. Upon such tennination,
S.:lIer shall have no further obligation to Buyer whatsoever.
hleilher Seller nor any of its agents or representatives have occupied the Property and neither warrants or represents that the Property
or any alterations or additions which may have been made to the Property eonfonn to Applicable Law.
BlIyer hereby acknowledges that Seller shall not be providing Buyer with a Real Estate Transfer Disclosure Statement and/or a
cC11ificate of occupancy with respcct to the Property. Buyer, to the extent pennissible under Applicable Law, hereby waives any
r.:quiremcnt that Seller furnish Buyer with any such disclosure statement and/or a certificate of occupancy and hereby releases Seller,
anci its successors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives from any and all liability
resulting from the non-delivery of such disclosure statement and/or certificate of occupancy.
Buyer's Initials
MOLD, MILDEW SPORES, AND OTHER MICROSCOPIC ORGANISMS AND ALLERGENS (COLLECTIVELY,
":tl0LD") ARE ENVIRONMENTAL CONDITIONS THAT ARE COMMON IN RESIDENTIAL PROPERTIES AND MAY
AFFECT THE PROPERTY. MOLD, IN SOME FORMS, HAS BEEN REPORTED TO BE TOXIC AND TO CAUSE
Sf-RIOUS PHYSICAL IN.'URIES, INCLUDING, BUT NOT LIMITED TO, ALLERGIC AND RESPIRATORY
REACTIONS OR OTHER PROBLEMS, PARTICULARLY IN PERSONS WITH IMMUNE SYSTEM PROBLEMS,
YOUNG CHILDREN, AND ELDERLY PERSONS. MOLD ALSO HAS BEEN REPORTED TO CAUSE EXTENSIVE
DAMAGE TO PERSONAL AND REAL PROPERTY. MOLD MAY HAVE BEEN REMOVED OR COVERED IN THE
COURSE OF CLEANING, REPAIRING, OR REMEDlATING THE PROPERTY. IF SELLER, OR ANY OF ITS AGENTS
OR REPRESENTATIVES, CLEANED OR REPAIRED THE PROPERTY OR REMEDIATED MOLD
CONTAMINATION, SELLER DOES NOT IN ANY WAY WARRANT ANY SUCH CLEANING, REPAIR WORK, OR
REMEDIATION. BUYER WILL TAKE TITLE TO THE PROPERTY "AS-IS," SUB.'ECT TO THE PROPERTY
CONDITIONS THAT EXIST AS OF THE CLOSING DATE. BUYER IS FULLY RESPONSIBILITY FOR ALL HAZARDS
ffiAT MAY RESULT FROM THE PRESENCE OF MOLD IN OR AROUND THE PROPERTY. BlIYER IS SATISFIED
'HTH THE CONDITION OF THE PROPERTY NOTWITHSTANDING THE PAST OR PRESENT EXISTENCE OF
IV/OLD IN OR AROUND THE PROPERTY, AND BUYER HAS NOT IN ANY WAY, RELIED UPON ANY
REPRESENTATIONS OF SELLER, OR ITS SUCCESSORS, ASSIGNS, AFFILIATES. DIRECTORS, OFFICERS,
LMPLOYEES, OWNERS, AGENTS, AND REPRESENTATIVES CONCERNING THE PAST OR PRESENT EXISTENCE
Of' MOLD IN OR AROUND THE PROPERTY.
Buyer's Initials
Buyer's Initials
Seller's Initials
Pa~1.: 2 of 10
C c.,,,,'erproposallo Purchase aJld Sale ^grecmenl 06130/08
4. Personal Property. Items of personal property located on the Propelty are not to be considered as part of the Property and are not
included in the Contract or this Counterproposal. Seller makes no representation or warranty as to the condition of, title to, or
cm:umbrance of any such personal propcrty. Seller shall have no liability for any claim or losses Buyer or Buyer's sucecssors or
2,;signs lUay incur as a result of any condition or defect that may now or hereafter exist with respect to such personal property. No bill
of sale will be provided at Closing; provided, however, Seller shall provide the minimum documentation necessary to transfer
any mobile or manufactured home located on the Property.
Buyer's Initials
5. Occupied Property. In the event the Property is occupied by one or more tenants, Seller makes no representations regarding: (a)
thc existence ofa written lease agreement; (b) the term of such tenancy; (c) whether rent payments are current; (d) the amount of rent
that should be paid; or (e) compliance with rent control, registration, or other Applicable Laws. In addition, Seller does not hold any
security deposits for any tenant and Buyer is solely responsibile to any tenant for the return of any security deposits and any interest
thercon.
6. ., AS IS" Condition. Seller conveys and Buyer accepts tbe Property in "AS IS, WHERE IS" condition at thc time of Closing,
including any known or hidden defects. Neither Seller nor any person acting as its agent or representative is making any
w.<.rranties or representations, either express or implied, as to the condition ofthe Property. Buyer hereby releases and agrees
~o hold harmless Seller and and its successors, assigns, affiliates, directors, officers, employees, owners, agents, and
ro.:presentatives from any and all claims or liability with respect to tbe condition of the Property.
St:ller, most specifically, makes no warranty or representafion as to whether any utility service, including water, sewer, electricity,
gr.'>, and other such service ("Utilities"), serving the Property are public or private.
Buyer's Initials
7. IJuver's Rieht to Inspect. Buyer acknowledges Buyer's opportunity to inspect and investigate the Property, either independently
c'. through agents of Buyer's selection. Any such inspection shall be made at Buyer's own expense and shall be completed within ten
" J 0) days from the execution of this Counterproposal by Seller. Buyer shall rely solely on Buyer's inspection and review to evaluate
tile condition of the Property. Buyer further acknowledges and agrees that Buyer is not relying on any statements or representations
J~'dde by Seller or Seller's agents or representatives (including, but not limited to, infonnation disclosed on the MLS) as to the
condition of the Property, including, but not linlited to, the condition, structural soundness, and working order of: heating/air
conditioning systems; sewage; roof; foundations; soils; septic systems; plumbing; lot size; suitability of the Property for particular
purposes; appliances; Utilities; and any improvements to the Property. Buyer further acknowledges and agrees that Buyer is not
rcl~'ing on any statcments or rcprescntations madc by SelicI' or Sellcr's agents or reprcsentatives rcgarding whcther the Propelty is in
cpmpliance with Applicable Law. Buycr acknowledges that Buyer is responsible for obtaining any inspection reports as to: (a) the
cOEdition of the Property and any appliances, structural components, heating/air conditioning systems, sewage, roof: foundations,
sui Is, septic systems, plumbing, and Utilities; (b) suitability for use of the Property; (c) the presence of any toxic or hazardous
s~'~:stances on the Property, including, but not limited to, radon, asbestos, lead paint, or Mold; (d) any other factors that would render
th.;. Property uninhabitablc or dangerous to the hcalth of the occupants; (c) whcther the Property is in compliance with Applicable
L::Iw; and (t) any other factors regarding the Property about which Buyer may be concerncd. Buyer's failure to inspect the Propcrty
~111I1 not alter or impair the understanding and agrccmcnt between Seller and Buyer as set forth in the Contract and this
(,)untcrproposal. No inspections may be made by any building or zoning inspector or government employee without the prior written
edlsent of Seller.
Buyer's Initials
Seller's Initials
PJge 3 of 10
'. '\)L1I11erproposal to Purcha~ and Sale Agrcemen1 06110/08
If .he Property has been winterized and Buyer wishes to de-winterize the Property for the purposes of Buyer's inspections, Buyer must
notify the listing agent identified below ("Listing Agent"). Only the Listing Agent may arrange for such de-winterization, which will
be conducted at Buyer's sole cost. Under no circumstance shall Buyer de-winterize the Property.
Buyer's Initials
Buyer shall indemnify and fully protect, defend, and hold Seller, and its successors, assigns, affiliates, directors, officers, employees,
owners, agents, and representatives, harmless from and against any and all claims, liens, loss, damages, and costs and expenses of every
kind and nature (including, but not limited, to attorneys' fees and court costs) that may be sustained by or made against Seller or its
successors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives, or any damage to the Property or to
any adjoining property, or any injury to Buyer or any other persons that may result or arise out of inspections made by Buyer or its
ap,~nts prior to Closing.
8 Hazardous Substances. Buyer assumes all risk of loss, damage, or injury that may arise as a result of or that in any way may be
connected with the presence in, on, or about the Property of radon gas, asbestos, mold, or any other toxic or hazardous substance, as
defined by Applicable Law and commonly understood (collectively, "Hazardous Substances"). Buyer, on behalf of Buyer and Buyer's
sU'.;cessors and assigns, fully and forever releases, indemnifies, and discharges Seller and its affiliates and their respective successors,
assigns, directors, officers, employees, OW1lers, agents, contractors, and representatives (collectively, "Seller Indemnified Parties"), and
hoJrts Seller Indemnified Parties harmless from and against any and all claims, damages, liabilities, losses, demands, private or
gowrnmcntal causes of action, expenses, or costs (including without limitation court costs, attorneys' fees, costs of governmental
invc;;tigation, or costs of environmental remediation), Buyer or Buyer's successors and a'lsigns may suffer or incur as a result of the
presence of Hazardous Substances in, on, or about the Property, whether now or hereafter known. This provision shall survive delivery
o::he Deed and the Closing Date.
9. Risk of Loss. Prior to Closing, Seller shall maintain the Property in materially the same condition as of the date of Seller's
execution of this Counterproposal, except tor ordinary wear and tear. If prior to Closing the Property is damaged, Seller may make
repairs to restore the Property to the same condition as of the date of Seller's execution of this Counterproposal. If Seller, in its sole
discretion, elects not to repair the Property, Buyer may: (a) accept the Property in its damaged condition; (b) re-negotiate the Purchase
Price; or (c) terminate the Contract and this Counterproposal, in which case the Eamest Money will be returned to Buyer as Buyer's
sole and exclusive remedy.
UNDER NO CIRCUMSTANCES SHALL ANY INSURANCE PROCEEDS PAID TO SELLER WITH REGARD TO ANY
DAMAGE TO THE PROPERTY THAT OCCURS PRIOR TO CLOSING BE ASSIGNED OR PAY ABLE TO BUYER.
Up"n Closing, Seller shall be relieved of all responsibility and liability for maintaining hazard or flood insurance on the Property. All
s....:h insurance policies shall be terminated by Seller inunediately upon Closing, and Buyer will be responsible for obtaining any such
lJ1.surance as well as any title insurance required by Buyer's lender prior to Closing.
10 Purchase Price (Initial applicable sections; non-applicable sections should be marked "N/A").
~ A. ~: The PlU'chase Price will be paid in thc form of cash Verification of funds required to close shall
be provided to Seller by Buyer upon delivery of a fully executed copy of this Counterproposal. If the Closing does not take place
on the Closing Date due to Buyer's failw'e to provide cash at the Closing or due to any other related reasons, including, but not
limited to, Buyer's decision to obtain lender financing, both Buyer and Seller agree that the Earnest Money shall be immediately
relca'led to Seller as liquidated damages as provided in paragraph 19 below.
~ - B. LENDER FINANCING: Buyer may obtain fmancing from thc lendcr of Buyer's choice. Within
seventy-two (72) hours of execution of this Counterproposal by Buyer, Buyer will either apply for financing or provide evidence
satifactory to Seller that a lender has pre-approved Buyer for financing. Proof of lender's unconditional commitment to lend must
Buyer's Initials Seller's Initials
Page 4 of 10
(. 'oJufltcrproposal to Purchase and Sale Agreement 06/30/08
be provided to Seller with days of execution of this COlmterproposal. Except as otherwise provided in this
Counterproposal and to the extent not restricted due to fmancing insured by a governmental agency, Buyer shall pay for any and
all costs associated with the loan application process, including, but not limited, to any application fee, appraisal fee, and credit
report fee.
II. Survev and Other Costs. Buyer will be solely responsible for obtaining, at Buyer's expense, a survey acceptable to the titlc
company or closing agent and any lender. In the event Seller is required to provide extended survey coverage, as may be normal and
cust0mary, Seller will not bc required to do so ifsuch a required survey has not been so obtained by Buyer.
BI:j'er shall be responsible for paying all other costs and expenses (including, but limited to, the fees of Buyer's attorney) associated
witll the Closing and not specifically required to be paid by Sellcr by this Counter Proposal.
12: Settlement/Closinl!. The Closing shall bc conducted in the office of the Closing Agcnt or at a place designatcd and approved by
Seller. However, Buyer may choose to purchase title insurance from a different title insurance provider ("Buyer's title insurance
pfGvider") at Buyer's sole expense, as provided in pargraph 15 below. Closing shall occur on or before the Closing Date and the
l$u}ershall make every effort to meet this deadline. Should the Closing extend beyond the Closing Date through no fault of
Seller, Seller shall be entitled to a $ 150 fee for eaeh day the Closing is so extended. Any agreement by Seller to
l'\tend the Closing Date must be in writing, Notwithstanding the foregoing, if the Closing does not take place on the Closing
Date due to any failure of Buyer, Seller retains the right to terminate the Contract and this Counterproposal and pursue the
remedies contained in the Contract and this Counterproposal, The Transaction may not close in escrow without the prior written
consent of Seller.
13. Nel!ative Sale Proceeds. If unforeseen judgments, liens, assessments, HOA Assessments, or other such encumbrances result in
nl'gativc sales proceeds to Seller, Seller reserves the right to terminate the Contract and this Counterproposal and return the Earnest
MrJney to Buyer as Buyer's sole and exclusive remedy.
1." Prorations at Closine:. All taxes; condominium, planned unit development, or similar community homeowners' association dues
and assessments ("'I lOA assessemems"): and Utilities charges shall be prorated to thc Closing.
Tax prorations shaH be based on one hundred percent (100%) of the last available tax bill or upon the local tax assessor's latest
vab1tion of the Propcrty and thc currcnt tax rate. Any special assessments that constitute a licn on the Propcrty as of the Closing Date
and nre payable in installments shall be prorated to the Closing Date and any installments due aner the actual date of Closing shall be
pai,.! by Buyer. In no event shaJl ScHer bc responsible for the payment of any unlevied assessment pending as of thc actual date of
Ch~.;jng.
BOA assessmenl~ shaJl be based on the assessment rate in effect as of the actual date of Closing. Any special assessments levied and
payable in installments shall be prorated to the Closing Date and any installments due after the actual date of Closing shaH be paid by
Buyer. In no event shall SeHer be responsible for the payment of any unlevied assessment pending as of the actual date of Closing.
S~LLER WILL NOT BE RESPONSIBLE FOR ANY ADJUSTMENT OF SETTLEMENT CHARGES, INCLUDING, BUT
NOT LIMITED TO, TAXES OR UOA ASSESSMENTS AFTER CLOSING.
15. Lender-Reauired Repairs. Should any lendcr, insw'ing cntity, or governmental agency require that certain repairs be made to
i.h,. Property or thal celiain other conditions be met, Seller, in its sole discretion, may comply with such requirements or tenninate the
Contract and this Countcrproposal. Further, should any FHA Conditional Commitment or VA Certificate of Reasonable Value vary
f/'l,/11 the Purchase Price, Seller, in its sole discretion, may tenninate the Contract and this Counterproposal. If Seller elects not 10
cer:1linate the Contract and this Counterproposal pursuant to this paragraph, ScHer's responsibility for any repairs required by Buyer
?' a result of inspection by Buyer, by a lender,or as a condition set forth in an FHA Conditional Commitment or VA Certificate of
~;'asonable Value shaJl not exceed $ , inclusive of termite repairs ("Repair Limit AmOlmt"). and Buyer shaJl be solely
Buyer's Initials
Seller's Initials
P:',,;e 5 of 10
(\'llIllerpmposal to Purchase ""d Sale Agreement 06lJO/08
responsible for any amounts exceeding the Repair Limit Amount without any reduction in the Purchase Price. If Seller elects to
terminate the Contract and this Counterproposal, Seller will return the Earnest Money to Buyer as Buyer's sole and exclusive remedy
Buyer's Initials
16. Condition and Conveyance of Title. Seller shall deliver insurable title and pay for Buyer's owner's policy of title insurance
from the title insurance provider chosen by Seller and indicated below. However, Buyer may choose to purchase title insurance
from Buyer's title insurance provider, indicated below, at Buyer's sole expense. In the event Buyer chooses to obtain an owner's
policy and/or title exam from the title insurance provider of Buyer's choice, Buyer shall order the same within three (3) days of Seller's
execution of this Counterproposal; if Buyer fails to do so, all objections to title shall be deemed waived Seller shall not be
responsible for any "gap" title insurance coverage and will not in any event provide an affidavit of title or other similar documents in
which Seller is requested to make representations or warranties with respect to title to the Property.
If Seller is unable to provide insurable title, convey the Property, or to deliver possession of the Property as provided in the Contract
a;'.d this Counterproposal, or if at the time of the delivery of the Deed does not conform with the provisions of the Contract and this
Counterproposal, Seller shall bear any nominal expense and use reasonable efforts to remove any defects in title or to conveyor deliver
the Property as so provided, but is under no obligation to use extraordinary measures or to bring any actions or proceedings in order to
do so. If Seller is unable to so remove any defects in title or to conveyor deliver the Property as so provided within ten (10) days after
Closing, (a) the Contract and this Counterproposal shall terminate and Seller will return the Earnest Money to Buyer as Buyer's sole
and exclusive remedy, or (b) Buyer may, by written notice on or before the Closing, waive any objections to Seller's inability to so
:'emove any defects in title or to conveyor deliver the Property as so provided. For purposes of this paragraph Seller shall be
deemed to be able to convey insurable title to Buyer if a reputable title insurance company will underwrite a title insurance
policy insuring that title to the Property will vest in Buyer as of the Closing.
Seller Buyer to provide title insurance
Seller's title insurance provider:
-
Ruyer's title insurance provider:
Phone:
Fax
Phone:
Fax
Buyer's Initials
17. Occupancy of the Property. Under no circumstances will Buyer be allowed to occupy the Property prior to Closing. In the
event Buyer violates this prohibition, Seller will avail itself of all legal remedies. In the event Buyer alters or occupies, or permits any
other person to alter or occupy, the Property prior to Closing, Buyer shall be in material default under the Contract and this
C:'untcrproposal, in which case Buyer shall forfeit the Eamest Money and any rights to the Property, however altered. Any access to
the Property prior to Closing is prohibited unless accompanied by Seller or Seller's agent or unless otherwise agreed to in writing by
Seller.
18. Taxes.
A. Seller's Right to Contest Taxes. Seller shall have the unrestricted right to contest the amount of or obligation to pay any
ad valorem real or personal property taxes, real or personal property assessments, or HOA Assessements (collectively,
"Contested Taxes"), for any period for which any Contested Taxes are assessed or levied (a "Tax Period") that includes or
precedes the actual date of the Closing (the "Closing Tax Period"). Seller may contest the Contested Taxes by any judicial,
administrative, or other process that Seller chooses in its sole discretion. If requested by Seller, Buyer shall join in any
proceeding to contest the Contested Taxes to the extent necessary to permit Seller to exercise its rights under the Contract
and this Counterproposal. Seller shall have no duty to contest the Contested Taxes and may dismiss, settle, or otherwise
resolve any matter relating to Contested Taxes in whatever manner or under any terms Seller elects in it sole discretion.
Buyer's Initials
Seller's Initials
Page 6 of 10
Counterproposal to Purchase and Salc Agrc\,mcnt 06/30/08
B. Entitlement to Refund. Any refund of Contested Taxes for the Closing Tax Period or any prior Tax Period shall be paid
to Seller, and Buyer hereby irrevocably assigns to Seller any right, title or interest it may have in any refund of Contested
Taxes for all such Tax Periods. If requested by Seller, Buyer shall execute ~atever endorsements or other documents that
may be necessary to accomplish the refund of such Contested Taxes to Seller. Provided, however, notwithstanding anything
in the Contract or this Counterprosal to the contrary, Seller shall not be entitled to any refund of Contested Taxes that is
attributable solely to any change in land usage or ownership of the Property occurring on or after Closing, all of which shall
be paid by Buyer.
19. Default. In the event Buyer defaults in the performance of the Contract or this Counterproposal, the Earnest Money shall
be paid to Seller as liquidated damages for, among other things, the additional cost of carrying the Property and lost
marketing time, both of which Buyer and Seller acknowledge and agree are difficult to calculate. Said liquidated damages shall
not be construed or deemed to constitute a penalty and the right given to Seller to retain the Earnest Money shall not constitute Seller's
sole and exclusive remedy. in the event item A in paragraph 10 above is initialed, Seller is materially relying upon the representation
ill said paragraph lOA above to the effect that Buyer will be purchasing the Property as an all-cash transaction without third party
tinancing. Buyer subsequent election to purchase the Property with third-party financing rather than on an all-cash basis as indicated
above shall constitute a material default under this paragraph
IN THE EVENT SELLER DEFAULTS IN THE PERFORMANCE OF THE CONTRACT AND THIS
COUNTERPROPOSAL, BUYER SHALL BE ENTITLED TO A RETURN OF THE EARNEST MONEY AS BUYER'S
SOLE AND EXCLUSIVE REMEDY.
Buyer's Initials
20. Installation of New Locks and Transfer of Utilities. Buyer shall be responsible for the installation of new locks and the transfer
('{' all Utilities on the Property immediately after the Closing, and Buyer shall hold harmless and indemnify Seller and its successors,
assigns, affiliates, directors, officers, employees, owners, agents, and representatives from and against any and all damages, claims,
liells, losses liabilities, costs, injuries, attorney fees and expenses of every kind and nature that may be made against Seller and its
Slleeessors, assigns, affiliates, directors, officers, employees, owners, agents, and representatives as a result of Buyer's failure to install
new locks or transfer all Utilities on the Properly. Buyer will have all Utilities and homeowners' services, as well as any HOA
Assessements, transferred into Buyer's name no later than the first (I Sl) business day following Closing. Buyer also will be responsible
for payment of any Utilities charges or HOA Assessments incurred after Closing and for ensuring that any Utilities or homeowners'
service, including HOA Assessements, in the name of Seller or the Listing Broker indicated below is transferred entirely into Buyer's
L1ame.
Witness
Buyer
Date
Selling Broker
Date
Acknowledge:
Buyer
Date
. ~~......
./ /~'I'~ /..". ,;:?.
Listing Broker
2-19-10
Date
21 Assil!nabilitv. Buyer may not assign or transfer the Contract or this Counterproposal without Seller's written approval. Seller may
a~~ign or transfer the Contract and this Counterproposal without Buyer's approval
22. Performance. The acceptance of the Deed by Buyer shall be deemed to be a full performance by Seller under the Contract
and this Counterproposal.
Buyer's Initials
Buyer's Initials
Seller's initials
P.'ge 7 of 10
~'uuntcrproposal to Purcha<;c and Sale Agreement 06/30/08
23. Real Estate Broker Commissions. TIle total commission payable by Seller pw'suant to the Transaction shall be ~% of the
gross Purchase Price. The closing agent is authorized and directed to pay said commission from the sale proceeds at Closing as per the
terms of the Commission Breakdown Form to be provided by Seller. No real estate broker commissions shall be paid unless the
Closing occurs and title to the Property passes to Buyer.
2'-1. Additional Provisions. Buyer and Seller approve and accept this Counterproposal and acknowledge and agree that this
Counterproposal is a legally binding agreement and is made part of the Contract in like manner as if it were directly set forth therein.
All other terms and conditions of the proposed Contract shall remain the same. The tenns of the Contract and this Counterproposal
~bnll survive the Closing.
2~. Attachments. Any attachcment or addendunl to this Countcrproposal hereby is incorporated into this Counterproposal for all
purposes by this reference. Attachment: Lead Based Paint Disclosure Addendum.
26. Ihis counterproposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the
offering party to this document received notice of such acceptance on or before 02/21/10
BUYER
I'):ite:
Date:
SELLER
BUYER
Date:
Buyer's Initials
Seller's Initials
P~I':'C 8 of 10
COllJ11Crproposal to Purchase and Sale Agreement 06/30/08
Neighborhood Stabilization Program
Property Address: 3420 24th Avenue NE, Naples. FL 34120
Folio No.: 40356240008
SUBSTITUTE EXECUTION PAGE
Date property acquisition approved by BCC:
October 27,2009, Item 16(D)8
DATED: 5l.../ d-'-/ /;).0/0
, (
BUYER:
ATTEST:
~~\C
~';' ."""~'!' ";, "Deputy Clerk
'-,~ . <,,:.,~.,.,
DATED;~;1'~I~\'i 0
At-fAst It ~ Ch.s f,...,. .,
~ 1 i1n4tur~ 0/1 I .
BOARD OF COUNTY COMMISSIONERS
COLLlER..Q.OjJNTY, FLORIDA
BY: -f'U.L w. C
FRED W. COYLE, CHAIRMA
SELLER:
Deutsche Bank Trust Company
Americas, as Indenture Trustee for
Saxon Asset Securities Trust
2004-2 by Saxon Mortgage Services
Inc., its Attorney-in-Fact
BY:
PRINT NAME:
Its Assistant Vice-President
Approved as to form
and legal sufficiency:
t,~~
Jennifer ~hite,
Assistant County Attorney
LEAD -BASED PAINT DISCLOSURE
ADDENDUM
Lead Warnin!!: Statement
"E very purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such
propelty may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead
poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence
quotient, behavioral problems, and impaired memory. Lead poisoning also presents a risk to pregnant women. The seller of any
interest in residential real property is required to provide Buyer with any inronnation on lead-based paint hazards from risk
ass,"ssl11ents or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or
ulspeetion for possible lead-based paint hazards is recommended prior to purchase."
Seller's Disclosure to Buver
:kller acknowledges that Seller has been informed of Seller's obligation. Seller is aware that Federal laws require Seller to permit
Buver a ten (10) calendar day period to conduct risk asscssmcnt or inspection for the presencc of lead-based paint hazards before
br.r.oming obligated under a contract to purchase target housing (unless mutually agrecd otherwise in writing). That opportunity will be
prnvjdcd within the ten (10) calendar day period immediately following Seller's final execution of the Contract and this
CJunterproposal. Seller is aware that Seller must retain a copy of this disclosure for not less than three years fi'om the Closing.
A. Presence of lead-based paint and/or lead-bascd paint hazards (check one box below):
o Seller has no knowledge of any lead-based paint and/or lead-based paint hazards present in the Property.
o Seller has knowledge of lead-based paint and/or lead-based paint hazards present in the Property (explain)
N/A
8. Records and reports available to Seller (check one box below):
o Scller has no reports or records pertaining to lead-bascd paint and/or lead-based paint hazards in the Propclty.
o Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based
paint hazards in the Property (list documents below):
N/A
Buver's Acknowled!!:ment
C. Buyer has read the Lead Warning Statement above and understands its contents.
D. Buyer has received copies of all information, including any records and reports listed by Seller above.
E. Buyer has received the pamphlet "Protect Your Family From Lcad in Your Home."
F. Buyer acknowledges federal law requires that before a buyer is obligated under any contract to buy and sell real
estate, Seller shall permit Buyer a ten (10) calendar day period (unless the parties mutually agree, in writing.. upon a
different period of time) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-
based paint hazards.
G. Buyer, after having reviewed the contents of this Addendum, and any records and reports listed by Seller, has elected
to (check one box below):
o Obtain a risk a<;sessment or an inspection orthe Property 1'01' the presence of lead-based paint and/or lead-based
~nt hazards, within the time limit and under the terms of the Contract and this Counterproposal, or
LJ Waive thc opportunity to conduct a risk asscssment or inspection for the presence of lead-based paint and/or
lead-based paint hazards.
Buyer's Initials
Seller's Initials
Page 9 of 10
CC""ltL"rproposal to Purchnsl.: and SaJe i\J.!feemem 0600.'08
Real Estate Licensee's Acknowledl!ment
Each real estate licensee signing below acknowledges receipt of the above Seller's Disclosure to Buyer, has infonned Seller of SeHer's
Obligations, and is aware of licensee's respons ibility to ensure compliance.
Certification of Accuracv
I certify that the statement! have made are accw'atc to the best ormy knowledge.
SELLER
Date
BUYER
Date
:/':-:----
,/".;,.,.--~--
Seller's (Listing) Agent
2-19-10
Date
Buyer's (Selling) Agent
Date
Buyer's initials
SeHer's Initials
Page 10 of 10
C '-,!Uucrproposal to PLU'cha.'1ic and SaJe Agreement 06/30/08
Neighborhood Stabilization Program
Property Address: 3420 24th Avenue NE, Naples, FL 34120
Folio No.: 40356240008
SUBSTITUTE EXECUTION PAGE
Date property acquisition approved by BCC:
October 27, 2009, Item 16(0)8
DATED: ~/;4/ Id-OID
.
':.....
" .
'''i
.,<-.:}.: '"""':
DA Ttd;;; .'t-t%~ I V
Approved as to form
and legal sufficiency: .
~~\~
Jennifer . Me,
Assistant County Attorney
BUYER:
BOARD OF COUNTY COMMISSIONERS
COlLlE~NT ,FLORID
. W
BY: .
FRED W. COYLE, CHAIRMA
SELLER:
Deutsche Bank Trust Company
Americas, as Indenture Trustee for
Saxon Asset Securities Trust
2004-2 by Saxon Mortgage Services
Inc., its Attorney-in-Fact
BY:
PRINT NAME:
Its Assistant Vice-President
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documcnts are to be forwarded to the Board Office only after the Board has takcn action on thc item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
exee tion of the Chainnan's si nature, draw a line throu h routin lines #1 throu #4, com Ictc the checklist, and forward to Sue Filson (line #5).
R9ute to Addressee(s) Office Initials Date
(list in routing order)
1.
(Thf:: primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive
sUlT'mary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
2.
-----------
--
3.
--------
4.
5. Ian Mitchell, BCC Office
Supervisor
6. Minutes and Records
Board of County Commissioners
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
rlL1 ~GG-D ~
10/7-7 / ~() 0,
AGtzffMe-0 T ?K
Phone Number
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 propriate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County" Attorney's
Office and all other parties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is ap licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are required.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on? (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
...,
...
3.
4.
5.
6.
~
f073
/& b f
.5
Yes
(Initial)
N/ A (Not
A licable)
fo
pd(f1-
i: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
ITEM NO.: 01' ""?~-~,
FILE NO.:
ROUTED TO:
0~'r-.I,~)~--:. ",,-.'1\
(\1)" ,i<\~/H 'I
DA Yt RECEIVED:
riJ
~
~
j ~ .
.., . ~_ ,.,. ,'''- i') {, -\ -._
i >,-..
REQUEST FOR LEGAL SERVICES
DATE:
February 22, 2010
JENNIFER B. WHITE, ASSISTANT COUNTY ATTORNEY J)w 6l16lL\) I 0
OF~CEOFTHECOUNTYATTORNEY
TO:
FROM:
Gary Bigelow
Real Property Management
RE:
Neighborhood Stabilization Program (NSP) Grant
NABOR "AS IS" Contract for 3420 24th AVE NE
BACKGROUND OF REQUEST /PROBLEM:
The Seller has requested that we re-submit the contract. Will you please re-sign so
that I may re-submit the Agreement package.
ATTACHMENTS: (1) FARBAR Purchase and Sale Agreement & Buyer's and Seller's
Addenda
nk you very I!!uch.
2-\)':~\\O _
C- \ C- ~!)u.j
d~
S\~~ r
~~ oX.
{j.
ACTION REQUESTED: Please re-sign for legal sufficiency.
D~