As Is Contract for Sale and Purchase #1
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THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS'" AND THE FLORIDA BAR
"As Is" Contract For Sale And Purchase
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1" PARTIES: COLLIER COUNTY, a political subdivision of the State of Florida (.~ller"),
?" and Sylva Nozi.:!, & Luce Nozil Syl vaiJl, a married coupl~__ . . ("~yer1,
:3 hereby agree that Seller shall sell and Buyer shall buy the following described Real Pro~erty and Personal Property (~ollectlvely Property)
4 pursuant to the terms and conditions of this Contract for Sale and Purcl1ase and any nders and addenda ("Contract ):
5 I. ~~~=~~tion of the Real Property located in Call ier County, Florida: The East 75 feet of the East
150 feet of Tract 104, Golden Gate Estates, Unit No. 62,as recorded in Plat Bk 5, Page 87, Public Records of Collier county, Florida.
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(b) Street address, city, zip; of the Property: 3744 41,:,t l\",,'nllp 1>.11<: 1>.1i'lplp,:, FT. 141?0
(C) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window treatment(s) unless
specifically excluded below. .' / . ) . I .
Other Items included are: Refrigerator, Range, DJ.shwasher, MJ.crowave, Central A C, FJ. ve (5 CeJ. J.ng
fans, Wall to-Wall carpet, Security Panels/Hurricane Shutters, and Garage Door opener.
Items of Personal Property (and leased items, If any) excluded are: N/"
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15" II. PURCHASE PRICE (U.S. currency):" ................".................................. $ 94,500.00
16 PAYMENT:
17* (a) Deposit held in escrow by___..__~.IEW ART.Il.Il"s._. __C'Escrow Agent") in the amount of (checl\s subtect to clearance) $.._..._~~.~.~~~
18' Escrow Agent's address: 3936 Tamlami Trail North. Sui'" A. Noplt>qj~' 34 100 . _..._.._.__n.PhOne:~~g.262-2163
',9" (b) Additional escrow deposit to be made to Escrow Agent within. 15 . days after Effective Date in the amount of. - . . .
20" (c) Financin~ in the amount of ("Loan Amount") sea parlraPh IV below. . . . . . . . . . . . . . . . . . .. ....,............ - . . , .
21* (d}Other.. .*S.F!E._L~N.E~. p5__TJ:I.R,OU~H 1.1..... ............................. .-. ... ..............
22 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject
23. to adjustments or proratons . . . . , . . . . . . . . . . . . . . , - . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . - . . . .
24 III. 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 oarties on or
26* before 15 DAYS , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn, \.IRless ether
~ wise stat8El, tlll~ time fGr 8968ptaRGe at BAY GeYRteAlffsF6 sllall be 2 days frGm the date tile 911YRtereffer is EleliverGd.
'!8 (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or initialed this offer or the
'i9 final counteroffer. If such date is not otherwise set fortt1 in this Contract. then the "Effective Date" shall be the date determined above for
m acceptance of this offer QF, if aflfllisal;lIe, 11191iRaI S9l-:lRterGft"er. .
J1 IV. FINANCING:
.-;2' 0 (a) This is a cash transaction with no contingencies for financing;
.33" 2li (b) Thts Contract is contingent onBuyer obtaining 'Mitten loan commitment which confirms underwriting loan approval for a loan to purchase
34. the Property ("Loan Approval") within _ days (If blank, then 30 days) after Effective Date ("Loan Approval Date1 for (CHECK ONLY
35" ONE): Kl a fixed; 0 an adjustable; or U a fixed or adjustable rate loan, In the Loan Amount (See Paragraph 1I,(c)l at an initial interest rate not to
36" exceed 6 . 00 %, and for a term of ~ years. Buyer will make application within _ days (if blank, then 5 days) after Effective Date.
37 BUYER: Buyer shall use reasonable diligence to: obtain Loan Approval; notify Seller in writing of receipt of Loan Approval by Loan Approval
38 Date; satisfy terms of the Loan Approval; and close the loan. Loan Approval which requires a condition related to the sale of other property shall
39 not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan expenses, Buyer authOrizes the mortgage broketis) and
-'0 lender(s) to disclose information regarding the conditionS, status, and progress of loan application and loan Approval to Seller, SelIer's attomey.
41 real estate Iicensee(s), and Closing Agent.
42 SELLER: If Buyer does not deliver to Seller written notice of Loan Approval by Loan Approval Date, Seller may thereafter cancel this Contract by
43 deivering written notice ("Seller's Cancellation Notice') to Buyer, but not later than seven (7) days prior to Closing. Sellers Cancellation Notice shall
'-14 notify Buyer that Buyer has three (3) clays to deliver to SeDer written notice waiving this Fll1ancing contingency, or the Contract shall be cancelled.
45 DEPOSIT(S) (for purposes of this Financing Paragraph lV(b) only): If Buyer has used reasonable dUigence but does not obtain loan Approval
16 by Loan Approval Date, and thereafter either party elects to cancel this Contract, the depos~(s) shaU be returned to Buyer. If Buyer Obtains Loan
47 ,Approval or waives this Financing contingency, and thereafter the Contract does not close, then the deposit(s) shall be paid to Seller; provided how-
48 ever, if the failure to close is due to: (~ Seller's failure or refusal to close or Seller otherNise failS to meet me terms of the Contract, or (~) Buyer's lender
49 fails to receive and approve an appraisal of the Property in an amount sufficient to meet the terms of the Loan ,Approval, then the deposlt(s) shall be
50 returned to Buyer.
51. 0 (c) Assumption of existing mortgage (see rider for terms); or
52. Q (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 (if blank, then 5 days) before Closing a title insurance commitment with legible copies of instruments listed as
54 exceptions attached thereto ("Title Commitmentj and. after Closing. an owner's policy of t~1e insurance (see Standard A for terms) shall be Obtained by;
55. (CHECK ONLY ONE): 0 (1) Seller, at Sellers expense and delivered to Buyer or Buyer's attorney: or
f/3. 1:1 (2) Buyer at Buyer's expense.
:..7. (CHiCK HiR&;): a If an 8estFaat al title is ta Be fumiat:leel ifl6taaa af title IFl81:l1'8nee, aAa attaal'1l'ieler fer tanTls.
:"8* VI. CLOSING DATE: This transaction shall be dosed and the closing documents delivered on ** SEE LINE 119 C'Closing'), unless
~,~ modified by other provisions of this Contract. in the event of extreme weather or other conditions or events constituting "force majeure", Closing ,,,,1 be
f,') extended a reasonable.time until: (0 restoration of utilities and other sef'\oices essential to Oosing, and ~ij availabiity of Hazard, Wind, Flood, or Homeowners'
~j1" insLJrance. If suCh condtions continue more thar1_ days (if blank, then 14 days) beyond Closing Date. then e~her party may cancel this Contract.
$ 1, 8 3 5 . 0 0
s 72--:'26~~OO
$------1JL 900 . 00
$---
0.00
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. 62 VII, RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convf1l/ marKetable title subiect 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 (located 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 Oosing and subsequent years; and assumed mortgages and purchase money mortgages, if any Qf .additio~al items, see
67' addendum); provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property for res1dent1al
68" purpose(s).
69 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. :f PR3fil8Fty ie inteAdea
~ ~ ~== ~:~l3iea eeyeFlE! CleaiRij, tAe faGt aRel t9A'flS tAel6ef aRE! ~e teRElflt(&) sr eEl8l:lfilaflts SMiles ell9Gleseel filldrsOIaRt te '.'\81~. ~~~
~ -;-I_~__ A .:~--e eEl deliveroe Befere OeeRg, 8!'!yer BSal;lA'l8S all ri81~ ef lass te Pf;efilElr4)' fF8FFi elate Elf esel:lfilaRay, ~~ ~ .~~ aRe lIa1ale
+2 "fer fI'IaiRteA6Aee fl6ffl lflat Elate, aRe shall Be eleefl'leEl te i'1ave ae9El~teel fAfefileFtylFl Its QuietiAij eenelitisA as ef time Elf tahiA~ Seel:lfl8Aey.
73 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions. riders and addenda shall control all printed pro-
.74 visions of this COl1tract in conflict wth them.
75T X. ASSIGNABIUTY: (CHECK ONLY ONE): Buyer Q may assign and thereby be released from any further liability under this Contract; 0 may
76T assign but not be released from liability under this Contract; or ~ may not assign this Contract.
77 XI. DISCLOSURES:
, 78 (8) The Property may be subject to unpaid special assessment lier(s) imposed by a publiC body ("public body" does not include a
'79 Condominium or Homeowners' Association). Such lien(s), if any, whether certified, confirmed and 'atrtied, pending, or payable in installments,
80" as of Closing. shall be paid as follows: 0 by Seller at closing M by Buyer (if left blank, then Seller at Closing). If the amount of any
.81 assessment to be paid by Seller has not been finally determined as of Closing, Seller shall be charged at Closing an arrount equal to the
.: '82 last estimate or assessment for the improvement by the public body.
.83 (b) RadOl1 is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present r~alth risks to per-
B4 sons w~ are exposed to it over time, Levels of radon that exceed federal ana state guidelines have been found in buildings in Florida.
85 Additional information regarding radOl1 or radon testing may be obtained frOlTl your County Public Health unit
B6 (c) Mold is naturally occurr ng and may cause health risks or damage to property. If Buyer Is concerned 0' desires additional information
87 regarding mold, Buyer should cootact an appropriate professional.
88 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information BrOChure required by SectiOl1 553.996, F.S.
89 (e) If the Real Property Indudes pre-1978 residential housing, then a lead-based paint rider is mandatory.
90 (~ If Seller is a "foreign person" as defined by the Foreign Investment ir Real Property Tax Act, the parties shall comply with that Act.
91 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA-
92 TlON/COMMUNITY DISCLOSURE.
93 (h) PROPERTYTAX DISCLOSURE SUMMAR(: BUYER SHWLD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES /'oS THE AMOUNT
94 OF PROPERTY TAXES 1HA.TTHE BUYER MAY BE CBUGATED TO PAY IN THE YEAA SUBSEQUENT TO PURCHASE. A CHAI\K3E OF OWNER-
95 SHIP OR PROf'ERl'( iMPROVEMENTS TRIGGERS REASSESSMENTS OF TI-E PROPERTY THAT COULD RESULT IN HIGHER PROPERlY TAXES.
96 IF YW l-\A.VE PNY QUESTIONS CONCERNING VALUATlCX'J, CONTACT TI-E COUNTY PROPERTY APPRAISER'S OFFICE Fffi INFORrvlATlON.
97 XII. MAXIMUM REPAIR COSTS: DELETED
98. XIII, HOME WARRANTY: r:I SeUer Q Buyer ~ N/A will pay lor a home warranty plan issued by
99" at a cost not to exceed $ .
100* XIV, INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shafl have ~ days from Effective Date ("Inspection Period") within
1 01 which to have such inspections of the Property performed as Buyer $"8f1 desire and utflltfes service shall be made avallable by the
102 Seller during the Inspection Period; (b) Buyer 6hall be re6ponslble for prompt payment for such inspeet/ons and repair of damage
103 to and restoration of the Property resulting from such inspections and this provision (b) shaff survive termination of this Contract;
104 and (c) if Buyer determines, In Buyer's safe discretion, that the Properly is not acceptable to Buyer, Buyer may cancel this Contract
105 by delivering facsimile or written notice of such election to Seller prior to the expiration of the Inspection Period. If Buyer timely
t 06 cancels this Contract, the deposlt(s} paid shall be immediately returned to Buyer: thereupon, Buyer and Seller shall be released of
1 07 all further obligations under this Contract, except as provided In this Paragraph XlV. Unless Buyer exercises the right to cancel
1 08 granted herein, Buyer accepts the Property In its present phy6ical condition, subject to any violation of governmental, building,
109 environmental, and safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements
1 . 0 required by Buyer's lender.
111 xv. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders 'h1'1ich are applicable AND are attached to and made part of this Contract:
112" Q CONDOMINIUM CJ VA/FHA CI HOMEOWNERS' ASSN. Q LEA[)-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE
113' 0 INSULATION o EVIDENCE OF TITLE (SOUTH FlORIDA CONTRACTS) U Other ComprehensWe Rider ProviSions U Addenda
114" Special ctause(s):
115" "BUYER WILL RECEIVE $28,350 FROM THE COLLIER COUNTY NEIGHBORHOOD STABILIZATION PROGRAM, BUYER WILL USE
116" $18,900(20% OF THE PURCHASE PRICE)FOR PRINCIPAL REDUCTION AND THE REMAINING BALANCE OF $9,450 WILL BE USED FOR
117" CLOSING COSTS, PREPAID ITEMS AND ANY DISCOUNT POINTS ASSOCIATED WITH THE FIRST MORTGAGE TRANSACTION.
118'
119" ..THE TRANSACTION SHALL BE CLOSED ON OR BEFORE 45 DAYS FROM EFFECTIVE DATE.
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126 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt of a copy
127 of "AS IS. Standards A through Z on the reverse side or attached, WhiCh are incorporated as part of this Contract.
FAR/8AR ASIS-2 Rev. 9/07 ~ 2007 Florida Association of REALTORs" and The Florida Bar All Rights Reserved Page 2 of 6
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128 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
129 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
130 THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REAlTORsa AND THE FLORIDA BAR.
131 Approval does not constitute an opinion that any of the tenms and conditions in tIlis Contract should be accepted by tile parties in a
132 particular transaction. Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining
133 positions of all interested persons.
134 AN ASTERISK!') FOLLOWING A LINE NUMBER IN lliE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED.
135. ~i '~~ OJ :U"?1"ft7 Seller Signature Below
136 (BU) A NOZIL (DATE) (SELLER)
137* ~ nJ.-J'l-IO Seller Siqnature Below
138 (BUYER) UCE NOZIL SYLVAIN (DATE) [SELLER) (DATE)
139~ Buyers' address for purposes of notice 4870 WH1STLERS Sellers' address for purposes of notice clo CC RPM
140" GREEN CIRCLE, APT. 3, NAPLES I FL 34116 3301 E. Tamiami Trail. Naples. Florida 34112
,41* (239) 354-0822 OR (239) 200-9795 - CELL Phone . (239) 252-8991 Phone
142 BROKERS: TAl;) brelll;)rS (IAeludiR€j eoepeFatiA!l broltSfB, if Bflyt ABffieeJ Belew are tt1e 6Aly Brehers eAtitleo te eeR'lfaooeatiefl in eennemieR with
1 4 ~ IRis CentlQGt:
144.11ltu"".
+46
(DATE)
liMitlll Brel(er
CeepeFatiRg lirekers, if BAY
DATE PROPERTY SALES APPROVED BY BCC:
DECEMBER I, 2009
DATED: 7/~~)d-c>/O
,
SELLER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY, ~W. ~
FRED W. COYLE, CHAr
Approved as to form and
legal sufficiency:
~-b~~
JENNIFER B. WHITE,
Assistant County Attorney
PROPERTY ADDRESS: 3744 41ST AVENUE NE, NAPLES, FL 34120
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed title insurer agreeing to issue Buyer. upon ~dlng of the deed to B~r,
an owner's policy of title insurance in the amount of the purchase price. insuring Buyer's marketable title to the Real Property, subject only to matters contwned
in Paragraph VII and those to be discharged by Seller at or before Closing. Marketable tilie shall be determined aocording to applicable nle StaJ"ldards adopt-
ed by authority of The Aorida Bar and In accordance w~h law. Buyer shall have 5 days from date of receiving the Trite Commitrnen.t to el<M1!ne it, and if title is
found defective, notify Seiler in writing specifying defect(sJ which render title unmarketable. Seller shall have 30 days from rece.pt of notice to remove the
defects, faiiing Which Buyer shall, within 5 days after expiration of the 30 day period, deliver written notice to Senei' ~"her: (1) extending t~ tme,for amason-
able period not to exceed 120 days within which Seller shall use diliger,t effort to remove the defects; or (2) requestlf19 a refund of deposit(s} p8ld which shall
be retumed to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to ~ave accepted the title as It then Is. Seller shall, n title is found unmarketable,
use diligent effort to correct defeCt(s) within the time provided. If, after diligent effort, Seller is unable to timely correct the defects, Buyer shall either waive the
defects, or receive a refund of depoSit{s), thereby releasing Buyer and Seiler from all further obligations undel' this Contract. If Seller is to provide the Title
Commitment and it is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt
to examine same in accordance with thiS "AS IS' Standard.
6, PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a
30 day grace period in the event of default if a flrst mortgage and a 15 day grace period if a second or lesser mortgage; shall provide for right of prepayment
in whole or In part without penalty; shall permit acceleration in event of transfer of the Real Property; shall require all prior liens and encumbrances to be Kept
in good standing; shall for1:>id m::x:lifications at, or future advances under, prior mortgage(s); shall require Buyer to maintain policies of insurance containing a
standard mortgagee clause covering all improvements located on the Real Property agalnst fire and all perils Included within the term "extended coverage
endorsements' and SUCh other risks and perilS as Seller may reasonably require, in an amount equal to their hig~est insurable value; and the mortgage, note
and security agreement shall be otherwise in form and content required by Seller, till Seller may only require clauses and coverage customarily found in mort-
gages, mortgage notes ar,d security agreements generally utilized by savings and ban institutions or state or national banks located in the county wI1ereln the
Real Property is located. All Personal Property amJ 18_6 e8flfj 8eRve)'8a er a6sifjRaS will, at Seller's option, be subject to the lien of a security agreement evi.
denced by recorded or filed financing statements or certificates ot title. If a eallEleA FAeFt!jatlO, tl'le fiABII*lYFAeF1t will 811Geea the ,xlFieElie I*lYFR8F1tii tRe~eA.
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 corti-
fied by a registered Florida surveyor. if the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback
lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall consmute a title defect.
D. WOOD DESTROYING ORGANISMS: DELETED
E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as descdbed
in Paragraph VII hereof and title to the Real Property is insurable in aocordance with 'N3 IS" Standard A without exception for lack of legal right of access.
Fr LCASES. Celler aAall at least 1 9 elays eefere ClesiAlj, fyrFlish te Q'lyilr Sejilie6 ef all .lr~8R leases aRe! eete~llell~e~ ffe~ gel11:1 'eRant 6llesifyiR!j tl:19 Flatl.lFe
aRe! elI>rEdleA Elf tRe 'SAaRt's eeel:ll*lfley, FeRIa! rateii, 6svaneet:l FeAt aRe 6eauRty ae~e6its llaiQ B-,' teA8Al, If SeUer i6 IdRQtlle t9 glllai" 6ldGI:11e1ter ffe~ 99,GR teR
ant, ti:1e 8EII1'Ie IAferFflatieA eMU 5S !;,iFFliiiMeI ey Seller te 81:l';ar \'~lI'IiA tl:Iat time lleFloo IR tl:1e %11m 9f a Seller's Glfiisa"it. gng 1il1ol'J'll' R'lay tRer:Qatlar ssRt9,Gt taR
a.At te eeAfi~ SOleR il'lfef'fl'lalieR. If tAe terFf16 sf ll'le leaB611 €lifter ll'Iaterially freFA 8eller'8 rellFeseAtetieRE, BllYer FAay tel'l'RiRlltll tllis CElRtreet ~ l;leliveril-1g 'vAtteR
Aetiee te eeller at 18aat Iii S8'16 Ilrlerte ClelllAS iOe1Iv sl:18.lI, at Clesif'lg, aell'<er BRG! sssl9R all ~igiRal19aGeG ts ~ygr
G. LIENS: Seller shall furnish to Buyer at time of Closing an affidav,t attesting to the absence, unless otherwise provided for here,n, of any financing statement,
claims of lien or potentiallienors known to Seller and further attesting that there have been no Improvements or repairs to the Real Property for 90 days Imme-
diately prececJng date of Closing. If the Real Property has boon improved or repaired w~hin that time, Seller shall deliver releases or waivers of construction
Ilens executed by aU general contractors, subcontractors, suppliers and materlalmen in addition to Sellers lien affidavit setting forth the names of all such gen-
eral cor1tractors, subcontractors, suppliers and materialmen, furth.er affirming that ell charges for Improvements or repairs which could serve as a basis for a
construction lien or a claim for damages have been paid or will be paid at the ClOSing of this Contract.
H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of tho attorney or other clOSing agent rClosing
Agent') designated by the party paytng for title insurance, or, if no title insurance, designated by SeHer.
I. TIME: Calendar days shall be used In corrputing time periods except periods of less than SIX (6) days, In which event Saturdays, Sundays and state or nation-
allegel holdays shall be exc~ded. Any lime periods provided for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the
next busIness day_ Time Is of the essence in this Contract. * Sta tutOry deed. bill of sa~...
J. CLOSING DOCUMENTS: Seller shall furnish the Eleea, eill sf eele, eMilielltEl sfttle, construction lien affidavit, owner's possessiOn affidavit, a6siljRA'lIlFltG 9f 1986
8S, taAaAt anEil R'lsFte.e 861s~llelleltere and corrective instnrnenls. Buyer shall furnish mortgage, mortgage note, security agreement and financing statements,
K. EXPENSES: Documentary stamps on the deed and recording of corrective Instruments shall be paid by SiiJI.et All costs of Buyer's loan (whether obtalned*""ver
from Seller er third party). including, but not lim"ea to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed,
mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer.
Unless otherwise provided by law er REIer te tt-Ile C9FlVaGt, charges for related closing services, title search, and closing fees Qncludlng preparation of closing
statement), shall be paid by the party responsible for furnishing the title evidence In accordance with Paragraph V.
L PRORATIONS; CREDITS: Taxes, assessments. rent, Interest, insurence and other expenses of the Property shall be prorated through the day before Closing.
Buyer shat have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be
increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing. Advance
rent and security deposits will be cred~ed to Buyer. Escrow depos~s held by mortgagee will be erooted to Seller. Taxes shaU be prorated based on the current
year's tax with duo allowance made for maximum allowabie discount, homestead and other exel'r-.:>\iOns. If CIo=:;ing occurs at a date when the current year's mill-
age Is not fixed and current year's assessment is availabie, taxes will be prorated based upon such assessment and prior year's millage. If current year's assess.
ment is not avaliable. then taxes wliI be prorated en prior year's tax. If there are completed improvements on the Real Property by January 1st of year of Closing,
which improvements were not In existence on January 1 st of prior year, 1hen taxes shall be prorated based upon prior year's millage and at an equitable assess-
ment to be agreed upon. between the parties; fa~lng which, request shall be made to the County Property Appraiser for an informal assessment taking into
account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current year's lax bill.
M. (RESERVED. purpoeely left blank)
N. INSPECTlON AND REPAIR: DELETED
0, RISK OF LOSS: If, after the Effective Date, the Property is damaged by fire or other casualty rcasualty Loss") before Closing and cost of restoration (which
shall Include the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase PrIce, cost of restoration shall be an obligetion of Seller and
Closing shall proceed pursuant to the terms of this Contract, and if restoration is not completed as of Closing, restoration costs IMII be escrowed at Closing. If
the cost of restoration exceeds 1.5% of the Purchase Price. Buyer shall either take the Property as Is, together with the 1.5% or receive a rofund of deposit(s)
thereby releasing Buyer and Se'ler from aM further obligations under this Contract. Seller's sole obligalion with respect to tree damage by casualty or other natu-
ral occurrence shall be the cost of pruning or removal.
P. CLOSING PROCEDURE: The deed shall be recorded upon clearance ot funds. If the title agent insures adverse matters pursuant to Section 627.7841.
F.S.. as amended, the escrow and Closing procedure required by this 'AS IS. Slandard shall be waived. Unless waived as set forth above the following
FARI8AR ASiS-2 Rev. 9/07 C 2007 Florida Association ot REALT~ and The Florida Bar All Rights Reserved Page 4 of 5
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218 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
219 closing procedures shall apply: (1) all closing proceeds shall be held in escrow by the Closing Age:'!t for a period of not more than 5 days after Closing: (2)
220 if Seller's \'tIe is rendered unmarketable, through no fault of Buyer Buyer shall, within the 5 day period, notify Seller in wr~lng of the defect and Seller shall
221 have 30 days from date of receipt of such notification to cure the defect; (3) If Seller fails to timely cure the defect, all deposits and closing funds Shall, upon
222 written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the Personal
223 Properly, vacate the Real Properly and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer faJls to make timely demand
224 for refund. Buyer shall take title as is, waiving all righ;s against Seller as to any intervening defect except as may I::e available to Buyer by virtue of war-
225 ranties contained in the deed or bill of sale.
226 Q. ESCROW: My Closing Agent or escrow agent (collectively "Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit
227 them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditklns of this Contract. Failure 01 funds to
228 clear shall not excuse Buyar's performance. If in doubt as to Agent's duties or liabilities under the provisions ofthls Contract, Agent may, at Agent's option. con-
229 tlnue to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgmenl 01 a court of competent jurtsdiction shall
230 determine the rights of the patties, or Agent may deposit sal1e with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents
231 a prouty and also acts as Agent may represent such party in such action. Upon notifying a:1 parties concerned of such action, allliabilily on the part of Agent
232 shall My terminate, except to the extent of accounting lor any items previously delivered out of escrow. If a licensed real estate broker, Agent will corl'ply with
233 provisions of Chepter 475, F.S., as amended. Any su~ between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in
234 any suit wherein Agent Interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees end costs Incurred wrth these amounts to
236 be paid from and out olthe escrowed funds or equivalent and charged and awarded as courl costs in favor of the prevailing party. The Agent shall not be liable
. 236 to arry party cr person for misdelivery to Buyer or Seller of items subject to the escrow, unless such misderNery is due to willful breach of the prolllslons of this
237 Contract or gross negligence of Agent.
238 R. ATTORNEY'S FEES; COSTS: In any litigation, includlrY"j breach. enforcement or inlerpretation, arising out of this Contract, the prevailing party in such lit;-
239 gation, which, for purposes of this "AS IS" Standard, shall include Sellar, Buyer and any brokers acting In agency or nonagency relationships authorized by
240 Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses.
241 S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within Ihe time specified, including payme1t of all deposits, the deposit(s) paid 'r1J
742 Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon Iquidated damages, consideration for
'A3 the execution of this Contract and in full settlement of any claims: whereJpon, Buyer and Seller shall be relieved of all obligations under this Contract: or Seller,
244 at Sellar's option, may proceed in equ~y 10 enforce Seller's rights under this Contract. If for any reason other than lailure of Seller to make Seller's title mar.
246 ke1able after diligent effort, Seller fails, neglects or refuses to perfor11 this Contract, Buyer may seek specific performance or elect to rece~e the return of Buyer's
246 depos~(s) without thereby waiving any action for damages resulting from Seller's breach.
A7 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: COPIES: Neither thiS Contract nor any notice of ~ shall be recorded in any public records.
248 This Contract shall bind and Inure to the benefrt of the parties and their successors in interest. Whenever the context perm~s. singular shall include plural and
249 one gender shall include all. Notice and delivery given by or to the at10rney or broker representing any party shali be as effective as if given by or to that party.
?5O All notices must be in writing and may be made by mail, personal deliVery or electronic media. A legible facsimile or electronic Onduding 'pdf") copy of this
;251 Contract and arYf signatures hereon shall be considered for all purposes as an original.
252 U. CONVEYANCE: Seller shall convey marketable title to the Real Properly by statutory warrBAt)'. tFI.Istee's, J3Sre6MI r6J3l'ellaAlatl'Js'e, er €I1lEl/'-EliaA'e deed. as
253 appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at 'he
254 request of Buyer, be transferred by an ab60Iute bil Of sale with warranty of li1le, subject only to such matters as may be otherwise provided for herein.
255 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding L1potl Buyer or Selk3r unless included in this Corttract No mod-
256 ifIcatlon to or change in this Contract shall be valid or binding upon the parties unless in wr~lng and executed by the parties intended to be bound 'r1J ~.
257 W. SellER DISCLOSURE: (1) There are no facts known to Seller mater;.ally affecting the value of t'1e Property which are not readily observable by Buyer or
258 which have not been disclosed to Buyer: (2) So/Ier extends and intends no w/Uranty and makes no representation of any type. either express or Implied,
259 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
260 to a currently uncorrected building, environmental or safety code violatloni (4) Seller has no knowledge of any repairs or Improvements made to the
:.!61 PropfN'fy without compliance with govemrmmtal regulation whIch have not been disclosed to Buyer.
l62 X. PROPERTY MAINTENANCE; PflOPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Properly, including,
2'.l3 bUt not lil'lned to lawn, shrubbery, and pool in the cond~ion existing as of Effective Date, ordinary wear and tear and Casualty Loss excepted. Seller shall, upon
264 reasonable notice, provide utilities service and access to the Property for appraisal and Inspections. including a walk-through prior to Closing, to confirm that
,:65 all items of Personal Property are on the Real Property and that the Property has been malnta.ined as required by this 'AS IS" Standard. Seller will assign al
)66 assignable repair and treatment contracts and warranties to Buyer at Closing.
;~ '( 1 Q31 iXClol~_~IQ,E: If e~her ~llller gr 8b1yer '.nGll t9 eAter iAte a lil{Q I~A9 91(eAar!lEl \EiilRer eiffltlltsReeI:J6 witA CleeiR!'j or aeferma) wllA le!lIi:le81 te the PreJ3eFly
~ OJAger a9GtisA 100' af tl:1e IFltema/ r;<e'JenI;l6 Casll ('l!xsi:laRoe'1, tRe ell:1er paA)' BAall eeelgeR:lle I'" all reaseAasle I'ElSl3eels te efffJeltjale tAe 9~eAaAoe. IIlelbl8
~ ing tl:1e Blleewtel'l af aeeblFRBr:R€: !'lrG'qaeEl (1) tRB eaaf3eratil'!€l !'lefty GRail il'!61;lr Fie lial:tili~ ar ellll3BASB rillatee te tRe ,"X61:181l!'je BREI ~ tile ClaslA!! ai:1a1l Rat ae
~ eaAliAllBFlt 1oI1ilaR, Fler elaGlRaea er ElelayaElB)I, ableR !;xeRaAIl6.
271 Z. BUYER WAIVER OF ClAIMS: Buyer waives any claims against SeIJer and, to the extent permitted by law, .i1181 aA)' .<ealestete I.'flaMee iftV8lved
272 in thll negotiation of the Contract, for any deffJCts or other damage that may exist at Closing of the Contract and be subsequently discovered by the
273 Buyer or anyone claImIng by. through, under or against the Buyer.
FAR/BAR ASIS-2 Rev. 9/07 e 2007 FIQrida Association of REALTORS" and The Florida Bar All Rights Reserved Page 5 of 5
,,"" 'II fit/' AY~ AlF
To: Minutes & Records 10/7/10
Attached for your records, please find the Original Contracts and Amendments for the following
closings:
v'
Thanks,
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 taken action on the item.) c
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
exce tion of the Chairman's si nature, draw a line throu h routin lines #1 through #4, com lete the checklist. and forward to Sue Filson (line #5).
Rpute to Addressee(s) Office Initials Date
(1_ ist in routing order)
1.
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
(Thp. primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
sUlPmary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the 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
Number of Original
Documents Attached
Phone Number
Agenda Item Number
O-b~T,€At!-T
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a pro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County' Attorney's
Office and all other parties except 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 aw re fyour deadlines!
The document was approved by the BCC on liP--. I 0 (enter date) and all changes
made during the meeting have been incorpora dint e attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
"
...
3.
4.
5.
6.
/tJ 1-3
I~l> c l1-
/
Yes
(Initial)
N/A (Not
A licable)
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