"As Is" Contract for Sale & Purchase
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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S JPMorgan Chase Bank, National Association
PARTIE:
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")
pursuant 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 ColI ier County, Florida: Lot 12, ~lock D,
Shadowlawn at Naples, a subdivision, as recorded in Plat Book 1, Page 37. PubllC Records of Colller County, FL.
(b) Street address, city, zip, of the Property: 2497 Bayside Street, Apartment A and Apartment B, Naples, FL 34112
(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:
(" Seller"),
Not Applicable
Items of Personal Property (and leased items, if any) excluded are:
Not Applicable
15. II. PURCHASE PRICE (U.S. currency): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' . . . . . . . . .
16 PAYMENT:
17* [a) Deposit held in escrow by North American Ti tle Co ,:,('Escrow Agent") 'in the amount of (cnecks sub)eClto clearance) $ 1,000.00
18* Escrow Agent's address: 9115 Carsea del Fontana Wy,. Ste.200. Naples. FL 34109 Phone; 239-593-8803
1 g* (b} Additional escrow deposit to be made to Escrow Agent within _ days after Effective Date in the amount 01. ....
20* (c) Rnancing In the amount of ("Loan Arnount'1 see Paragraph IV below . . . . . , . . . . . . ' . . . . . . . . . . . . . . .
21" (d} Other. . . . ' ' , . . . . . . . . . . . , . . . . . . . . . .. '" . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . .
22 (e) Balance to close by cash, wlra transfer or LOCALLY DRAWN cashier's or official bank check(s), subject
.23+ to adjustments or prorations. . . . . . . . . . . . . ' .. ...... ................................................,..... $ 72, 260 . 00
24 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECllVE 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
26+ 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.
28 (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
~9 final counteroffer. H such date is not otherwise set forth In this Contract, then the "Effective Date" shall be the date determined above for
30 acceptance of this offer or. If applicable. the final counteroffer. ';;fcru~n..~U~~IETI!,~N :JiM~~~D('A5iTi{~SIT%'r:"~;.V~~~~~E. COUNTEROFFERS
31 IV. FINANCING:
32" &: (a) This is a cash transaction with no contingencies for financing;
33* 0 (b) This Contract is contingent on Buyer obtaining written loan commitment which confirms underwriting loan approval for a loan to purchase
34* the Property ("Loan Approval") wi1hin _ days ~f blank, then 30 days) after Effective Date ("Loan Approval Date") for (CHECK ONLY
35* ONE): 0 a fixed; 0 an adjustable; or ':l 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 wi1hln _ 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 shaD
39 not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay aM loan expenses. Buyer authorizes the mortgage broker(s) and
40 Iender(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 thereafter cancel this Contract by
43 delivering written notice ("Seller's Cancellation Notice'') to Buyer, but not later than seven (7) days prior to ClOSIng. Seller's Cancellation Notice shall
44 notify Buyer that Buyer has three (3) days to deliver to SeJer written notice waMng this Rnancing contingency, or the Contract shall be cancelled.
45 DEPOSIT(S) (for purposes of this Financing Paragraph IV(b) only): If Buyer has used reasonable diligence but does not obtain Loan Approval
40 by Loan Approval Date, and thereafter either party elects to canoel thls Contract, the deposlt(s) shall be returned to Buyer. If Buyer obtains Loan
47 Approval or waives this Rnancing contingency, and thereafter the Contract does not close, then the deposit(s) shall be paid to Seller; provided how-
48 ever, If the falure to close Is due to: (0 Seller's fallure or refusal to close or Seller otherwise falls to meet the terms of the Contract, or (i~ Buyers lender
49 falls 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
50 returned to Buyer.
51* Q (c) Assumption of existing mortgage (see rider for terms); or
52* 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 [If blank, then 5 days) before Dosing a title Insurance commitment with legible copjes of Instruments listed as
64 exceptions attached thereto ("Title Commitment") and, after Closng, an owner's poncy of title insurance (see Standard A for terms) shall be obtained by:
55. (CHECK ONLY ONE): Qi (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): ':llf an abstract of title is to be furnished instead of title Insurance, and attach rider for terms.
58. VI. CLOSING DATE: ThIs transactlon shall be closed and the closing doctments delverecJ on April 16, 2010 ("Closing"), unless
59 modi1led by other provisions of this Contract. In the event of extreme weather or other conditions or eVa1ts constituting "force majeure". CIosi1g 'Nir be
60 extended a reasonable time l.I1ti: (i) restoration of utilities and otta' SElIVIces essential to Closng, and O~ availability of Hazard. Wind, Flood, or J--lomeowners'
61. insurance. tf such conditions conti1ue more than ~ days (~blank. then 14 days) beyond Closing Date, then eitta' party may cancel this Contract.
FAR/BAR ASIS-2 Rev. 9/07 4:J 2007 Florida Association 01 REALTORS. and The Rorida Bar All Rights Reserved Page 1 of 5
$ 73,260.00
$
$
$
N/A
N/A
N/A
62 VII, RESTRICTIONS; EASEMENTS; UMITATlONS: 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 (located contiguous to real property lines and not more than 10 feet in width as to tI1e 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
G 7* 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 to be 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 Properly in its existing condition as of time of taking occupancy.
73 IX, 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 a may assign and thereby be released from any further liability under this Contract; 0 may
-i6* assign but not be released from liablUty under this Contract; or ~may not assign this Contract.
77 XI, DISCLOSURES:
78 (a) The Property may be subject to unpaid special assessment llen(s) Imposed by a public body ("public body" does not include a
79 Condominium or Homeowners' Association). Such lIen(s), It any, whether certified, confirmed and ratified, pending, or payable in installments.
80' as of Closing, shall be paid as follows: :2j 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 heal1h 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.
B6 (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 Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, F.S.
89 (e) If the Real Properly includes pre--1 97 8 residential housing, then a lead-based paint rider is mandatory.
90 (I) 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 UNTlL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA-
92 TlON/COMMUNITY DISCLOSURE.
93 (h) PROPERTY TAX DSCLOSUAE SUIV'MARY: BUYER SHOULD NOT RELY ON THE SELLER'S OJRRENT PROPERTY TAXES /IS THE Al\lDUNT
94 OF PROPERTY TAXES THAT THE BlNER MA'y BE OBUGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNEA-
95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSES&IENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES.
96 IF YOU HAVE t#'( QUESTIONS CONCERNING VALUAllON, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFOFf.1AllOO.
91 XII. MAXIMUM REPAIR COSTS: DELETED
93" XIII. HOME WARRANTY: ::J Seller ..J Buyer ~ N/A will pay for a home warranty plan issued by
99" at a cost not to exceed $ $ 0 . 00 .
100* Xlv.. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have ~ days from Effective Date (MlnspectJon Period") within
101 which to have such inspections of the Properly performed as Buyer shall desire and utilities service shall be made. avalfable by the
1 02 Seller during the Inspection Period: (b) Buyer shall be responsible for prompt payment for such inspections and repair of damage
103 to and restoration of the Property resulting from such Inspections and this provision (b) shall survive termination of this Contract;
104 and (c) If Buyer determines. in Buyer's sole discretion, that the Property is not acceptable to Buyer, Buyer may cancel this Contract
105 by delivering facslmife or written notice of such election to Seller prior to the expIration of the Inspection Period. If Buyer timely
106 cancels this Contract, the deposlt(s) paid shall be immediately returned to Buyer; thereupon. Buyer and Seller shall be released of
101 all further obligations under this Contract, except as provided In this Paragraph Xlv. Unless Buyer exercises the right to cancel
108 granted herein, Buyer accepts the Property in its present physical condition, subject to any violation of govemmental, building,
109 environmental. and safety codes, restrictions or requirements and shall be rfNIponsible for any and all repairs and improvements
11 0 required by Buyers lender.
111 xv. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract:
112* a CONDOMINIUM l.J VAlFHA a HOMEOWNERS' ASSN. rj LEAD-BASED PAINT 0 COASTAL CONSTRUCllON CONTROL LINE
113* Cl INSULATION 0 EVIDENCE OF llTLE (SOUTH FLORIDA CONTRACTS) I..J Other Comprehensive Rider Provisions 0 Addenda
114" SpeclaJClause(s): Seller agrees to execute Buyer's forms GAP Affidavit, Public Disclosure Affidavit,
1-15* Special Warranty Deed, and Substitute Vendor W-9. Seller will deliver the completed and signed W-9 to Buyer
116. simultaneously with signed contract.
117"
11&* Seller warrants property is vacant and shall remain so through closing to comply with requirements of the
119* Neighborhood Stabilization Program.
120"
121* Standards B, F, and Yare deleted.
122* Due to Buyer being a County governmental agency with specific guidelines and procedures, Seller acknowledges
123* that Standard S is hereby deleted.
124* Standards D and N are deleted.
125*
126 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards); Buyer and Seller acknowledge receipt of a copy
127 0' "AS IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract.
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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 REALTORS- AND THE FLORIDA BAR.
131 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a
132 particular transaction. Terms and conditions should be negotiated based upon the respective Interests, objectives and bargaining
133 positions of all interested persons.
134 AN ASTERISK(*l FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED.
JPMorgan Chase Bank,National Association
135* .*See Signature Block Below
136 (BUYER) (DATE)
BY:
(SELLER)
(DATE)
137*
138 (BUYER) (DATE)
139* Buyers' address for purposes of notice Real Property Management
140" 3301 Tamiami Trail East, Naples, Florida 34112
(SELLERj
Sellers' address for purposes of notes
(DATE)
141* 1239) 252-8991 Phone Phone
142 BROKERS: The brokers (including cooperating brokers, If any) named below arB the only brokers Bntltled to compensation in connection with
143 this Contract:
144* Narne: Perfect Properties of Naples Amerivest Realty
145 Cooperating Brokers, if any Listing Broker
Date Property acquisition approved by BCC:
October 27, 2009, Item 16D8
i L'
DATED: ~ /":$. ;#Ep
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BUYER:
BOARD OF COUNTY COMMISIONERS
COIA.~_CO~1 c:rDA
BY: -/L
Approved as to form
and legal sufficiency:
_. ~\.~U~
Jennif~B. White,
AF>sistant County Attorney
PROEPRTY ADDRESS: 2497 BAYSIDE STREET, APARTMENT A AND APARTMENT B, NAPLES, FL 34112.
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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,
148 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 Of befOfe Closing. Marketable title shall be determined according to applicable nle Standards adopt-
150 ed by autt10rity of The AOflda Bar and in accordance with law. Buyer shall have 5 days from date of receiving the Title Commitment to examine It, and if title is
151 found defective. notify Seller in wnting specifying defecl(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 penod, deliver written notICe to Seller either: (1) extending the time for a reason-
, 53 able periOd not to exceed 120 days Within whrch Seller shall use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall
154 be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as It then IS. Seller shall, rt title is found unmarketable,
165 use diligent effort to correct defect(s) within the time provided. If, after diligent effort, Seller IS unable to limely correct the defects, Buyer shall either waive the
156 defects, or rece1V8 a refund of deposlt{S), thereby releasing Buyer and Seller from all further obligations under this Contract. ~ 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."PURCHASEMONEV MORTGAG€:SECURHY AGREEMENT TO SEUER:A purchase money mortgage andmort~agenote to Seller shall prOVide tor a
180 30 deygraeeperlOO Irtlhe event of default if alirst mertgag&'(ind-a1&day grace period if a second or ~mortgage;-shall prcvideforrigtlt 01 prepayment
16' in whole orin part. without' penalty; shall permit aoceferalienineveotoftfansfer ,of,th&RealProperty; shaH requireafl poor j,ensand9ncumbrancesto Oe kept
162 in goo<15tending:st1all forbidmodilicatiof'ls. of;orfuluroildvanoe& under., prior mortgage(s); shall requil8Buyer to ,maintslflpoli\;illS of insurance containing a
163 standard mortgagee elaUS8 covenng-aJHmprovemenls Ioeated on the Real Property against fire, and all perils included within the term"~8PdiQ cO\lerage
164 endorsements" and such otf1er risks andpefils as Seller rnay reasorobly require, in an amount equal to their highest insurable \lalue;and tl1emortgage, note
165 8fld security agreement shall be otherwise/n form and content required by Seller, but 8ellermay only r9quire clausesarld coverage customarily ,found in mott-
166 gages, t'l"Ortgagenotes and security agreements g&nerallyutilized by savings and loan institutions or state or national banks located in the county wherein the
167 ReaiPropertylS located. All Personal Property andloases being cenveyea or assigned wiH. at Sellel'~ option, be SI.Ibjer;tto trn. lien ofa,siCurityagreementevi,
168 dencedby recorded Of Hied financiI1g statements or cerliffC8tesof title, ,If,a bal100n mortgage"the final payment wmexceed the periodic payments thereon.
169 C. SURVEY: Buyer, al Buyer's expense, within time allowed 10 deliver evidence of title and to examine same. may have the Real Property surveyed and cerli-
170 fied by a registered Florida surveyor. If the survey discloses encroachments on the Real Properly or that improvements located thereon encroach on setback
~ 7 t lines, easements. lands of others or VIolate any restnctions, Contract covenants or applicable governmental regulatiOf1S, the same shall constitute a title defect.
172 D. w000-9E&TRGVINGGRGA~.DIiL&l'&O
. 73 E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Properly sufficient for its intended use as described
174 in Paragraph VII hereof and title to the Real Property is insurable If1 accordance with "AS IS' Standard A without exception for lack of legal right of access.
175 F. LEASES: SeIIef shall et laast 10 days beforo Clo6ing,furnish 10 BuyercopElS of all written leases and esloppellettersfromeachtenamspecifying the nature
1 76 anddUfiltion of the tenant's occupancy,renlal ratoo; advaf1Ced.rentandsecurity deposits-pald by tenant. If Seller is unable to obtain such letter from each ten,
177 ant; the same information shall be lurnished by Seller to Buyorwithinthattime period in t he ,form "of a Seller:Saffidavit.and BUY9rmaythereafter contact, ten.
118 ant tocoflfitmsuch information, If the terms of theleaseg.differmateriallyfromSeller~srepresentations; ,Buyer may terminate thisCon!ractbydeliveringwritten
179 notlCete SefIer atlaast5days prier-to Glosiny,Seller shalkatClo6ing;deliverandassign all origInal leases to, Buyer,
1 8a G. LIENS: Seller shall fumish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement,
181 claims 01 lien or potenttallienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days Imme-
182 diately preceding date of Closing. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction
183 liens executed by all general contractors, subcontractors, suppliers and matenalmen in addition to Seller's lien affidavit setting fOllh the names of all such gen-
184 eral contractors, subcontractors, suppliers and matenalmen. further affirming that all charges for improvements or repairs which could serve as a basis for a
185 construction lien or a clam for damages have been paid or will be paid at the Closing of this Contract.
186 H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing agent ("Closing
187 !\gent') designated by the party paying for title insurance, or, ~ no title insurance, designated by Seller.
188 I. TIME: Calendar days shall be used in computing time periods except periods of less than SIX (6) days, in which event Saturdays, Sundays and state or nation-
189 allegal 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, owner's possession affidav~, assignments of leas-
192 98, tenant and mortgagee estoppel letters 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 Buyer's loan (whether obtained
194 from Seller or third party). including. but not Iimi1ed to, documentary stElmps and Intangible tax on lhe purchase money mortgage and any mOllgage assumed,
195 mortgagee title insurance commi1ment with related fees, and recording of purchase money mortgage, deed E1nd financing statements shall be paid by Buyer.
195 Unless otherwise provided by law or rider to this Contract, charges for related closing seMCes, title search, and closing fees (including preparation of clOSing
197 staTement). shall be pElid by the party responSible for fUl'nlshlng 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.
199 Buyer shaU have the option of ta'<.II1g over existing polICies of tnsurance, If assumable, In which event premiums shall be prorated. Cash at CloSing shall be
200 incroased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing. Advance
?0 I rent and security deposits Will be credited to Buyer, Escrow deposits held by mortgagee wil be credited to Seller. Taxes shall be prorated based on tf1e current
202 year's 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 age is not fixed and current year's assessment is ava.lable, taxes will be prorated based upon such assessment and prior year's millage. If current year's assess-
204 ment is not aVailable, then taxes will be prorated on prior year's tex. If there are completed Improvements on the Real Property by January 1 st of year of Closll1g,
205 which improvements were not in existence on January 1 sl of prior year. then taxes shall be prorated based upon prior year's millage and at an equitable assess-
206 ment to be agreed upon between the parties: fEl~ing which, request shall be made to the County Property Appraiser fOf an informal assessment taking Into
207 ~ccount available exemptlOlls. A tax proration based on an estimate shall, at request of etther party, be readjusted upon receipt 01 current year's tax bill.
20fl M, (RESERVED - purposely left blank)
209 N. INSPEGTION-AN9- REPAj~gE'*FED
210 O. RISK OF LOSS: If, after the Effective Date, the Property is damaged by fire or other casU8~y ("Casualty Loss") before Closing and cost of restoration (whICh
211 shall include the cost of pruning or removing damaged trees) does not exceed 1 .5% of the Purchase Price, cost of restoration shall be an obligation of Seller and
212 Closing shal 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 the cost of restoratIOn exceeds 1.5% of the Purchase Price, Buyer shall either take the Properly as is, together Wlth the 1.5% or receive a refund of deposit(s}
214 thereby releasing Buyer and Seller from all further obligalions under this Contract, Seller's sole obligation With respect to tree damage by casualty or other natu.
<' 16 rei occurrence shall be the cost of pruning Of removal.
2 t 6 P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of lunds. If the title agent insures adverse matters pursuant to Section 627.784 t.
217 FS., as amended the escrow and clOSing procedure required by this "AS IS" Standard shall be waived. Unless waived as set forth above the following
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218 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
219 .;Iosing 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)
220 if Seller's title is rendered unmarketable, through no faut! of Buyer, Buyer shaH. wrthin the 5 day period, notify Seller In writing of the defect and Seller shall
221 have 30 days from date of receipt of such notification to cure the defect: (3) if Seller faHs to timely cure the defect. all oeposlts 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 Property, 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
224 for 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-
225 ranties contained in the deed or bill of sale.
226 a. ESCROW: Any CloSing Agent or escrow agent (collectively 'Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to dr;lpos~
227 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
228 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-
229 tinue to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgment of a court of competent jurisdiction shall
230 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 reprElSr;lnts
231 a party and also acts as Agent may represent such party in such action. Upon notifying all parties concemed of such action, all liability on the part of Agent
232 shall 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
233 provisions of Chapter 475. FS.. as amended. Any SUit between Buyet and Sellet wherein Agent is made a party because of acting as Agent hereundet, or In
234 any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attomey's lees and costs incurred with these amounts to
235 be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor 01 the prevailing party. The Agent shall not be hable
236 to any party or person lor mlsdelivEllY to Buyer or Seller 01 Items subject to the escrow, unless Such misdelivery is due 10 willful breach of the prOVIsions of this
237 Contract or gross negligence of Agent.
238 R. ATTORNEY'S FEES; COSTS: In any litigation, including breech, enforcement or interpretation, ariSIng out of this Contract, the prevailing party in such Iiti-
239 gation, which, for purposes of this "AS IS. Standard, shall Include Seller, BUYElr and any brokElrs acting in agency or nonagency relationships authorized by
240 Chapter 475. F.S., as amended, shall be entltted to recover from the non-prevailing party reasonable attorney's fees, costs and expenses.
241 S;FAflUAE.OFPEAFGAMANGE: 1f.8uyer-fails-to-perferffl,this-BeAtroot"'withif1,the'lime6peGifie6;"'i~'pe.yfflOfltef.a#,depootte;""lhe"'~6)iltMDy
242 E3t:ryeraoodeposit{s}egreed"lo-bepaid,maybe'l'eCeveredand'releifledbyBfld'4or.the6CCOUfltef8efler ~agreedtil)Of\liquidatef:l6emege&;oonstdefatiottfOl'
24-3 tne-~.Gefltfget-Bfl(ffi.fuII-settlement-ef.aAy-e~ &lyot<ane&llof 6Aall'Wfelieved-e1all ~tM'ltler.fl1is.~efSelfef,
244 arSellet'lt~Tmey'pr0eee6-if'H31:1U*r-to-1lfflefeeSelleHtfigtlt-lttJfldef-tAilt-Gootfaet, ,iffOf' "ooy~<lthe...ltI~ tailufe.ofSellefte-make-SeHeHl-til'~H"''\8f'
245 ketabHJ-8fler'~"effort;6elIeI'-feillt;neglectltor"refuses-tcperlormtheGoolffICt;'8uyer-mey'seek"apeeifieperlormance or'e/eetto-reeeilfe.the,fflWm-of.8uyer~
246 de~it{s~withoutthefeeyweivinganyfICtiOR-for.damageltf'eSUl!in\tfromSollef'~' OreaGln
2~ 7 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neithet this Contract nor any notice of it shall be recorded in any public records.
248 This Contract shall bind and inure to the benefit of the parties and their successors In Interest. Whenever the context permits, singular shall include plural and
249 one gender shall include all. Notice and delivery given by or to the attomey or broker representing any party shall be as effective as ~ given by or to that party.
250 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
251 Contract and any signatures hereon shall be considered for all purposes as an original.
262 U. CONVEYANCE: Seller Shall convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or guardlan's 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 the
254 request of Buyer, be transferred by an absolute bil of sale with warranty of title, sub)Bct only to such matters as may be otherwise provided for herein.
2,):' V. OTHER AGREEMENTS: No prior or prElSr;lnt agreements or representations shall be binding upon Buyer or Seller unless ir(;luded in thJS Contract. No mod-
256 ifIcation to or change In this Contract shall be valid or binding upon the parties unless in writing and executed by the parties intended to be bound by it.
251 W. SELLER DISCLOSURE: (1) There are no facts known to Seller materiaRy affecting the value of the Property which are not readily observable by Buyer or
258 which have not been disclosed to Buyer; (2) Seller extends and intends no warranty and makes no representation of any type, either exprf1S$ or imp/led,
259 as to the physical condmon or history of the Property; (3) Seller has received no written or verbal notice from any governmental entity or agency as
268 to a currently uncorrected building, environmental or safety code violation: (4) Seller ha$ no knowledge of any repairs or improvements made to the
261 Property without compliance with governmental regulation which h/MJ not been disclosed to Buyer.
26::' X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, inCluding,
263 but not limited to lawn, s/1rubbery. and Pool in the condition existing as of Effective Date. ordinary weat' 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
265 all rtems 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
266 ass.gnable repair and treatment contracts and warranties to Buyer at Closing.
267 Y.1 031eXGHANGEllfeilhOfSellor or Buyer wish tOef1ter into a like. Idoo c)(chOAgo (clthcr3lffiulteneouswitl1 GIosif!gQf deferred)wilh faspeettotheProperty
268 underSet:;tiolll@loflhe,lntornal RovenueCodef"Excl1ange'k,the othElrparty,shalleooporateln,,'altreasonable'respectstoeffectuatethe-'Exchenge;inctud-
269 irvJ" thO c)(eeutionot'dooument5:'provideGt1J,the€ooporatlng'pat1y'sAalliflourAO"liabiHtyoro)(~related to Ihe'Ex€hange aAd"(2} the ,Closing shall l'lOl be
2PJ C~;-_ellteAded-ef'-delayed-by.-stlCI'l-8<ehaflg&;
271 Z, BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the ElJCtent permitted by law. against any real estate licensee involved
272 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
273 Buyer or anyone claiming by, through, under or against the Buyer.
FAR/BAR ASI$-2 Rev. 9/07 C 2007 Florida Association of REALTORS- and The Florida Bar All Rights Reserved Page 5 of 5
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
documents are to be forwarded to the Board Offiee only after the Board has takcn action on the item.)
ROUTING SLIP
Complete routing lines #] through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exee tion of the Chairman's si nature, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5).
Rpute to Addressee(s) Office Initials Date
(I~ist in routin order)
1.
2.
3.
4.
5. Ian Mitchell, BCC Office
Supervisor
6. Minutes and Records
Board of County Commissioners
Clerk of Court's Office
~ I; (0
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
sUrPmary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contaet 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.
Phone Number
GewrJ
9- 7 /2-0001
~ CAJrtU1C
Agenda Item Number
Number of Original
Documents Attached
f07S
/" 0 f
Yes
(Initial)
N/A (Not
A licable)
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County' Attorney's
Office and all other 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 a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be a are f our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporate(J in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
r
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.] 8.09
"l
3.
4.
5.
6.
ITEM NO.: l D ~ -d81'1
FILE NO.:
ROUTED TO:
,II "l. l'l>- ft''- c3
iTJ,,-.1 I~,
,..",' "."Tnn\'o.,!r:\.!
; \n\ It\\!'1 ,fA. \ ,.): 1\ ~[. \
I.h" ,
DATE RECEIVED:
"L.~"'-11 ~~ t~-2
~.,' \ ".! \, . .
tj: SO
REQUEST FOR LEGAL SERVICES
DATE:
March 2, 2010
:DlU 3/4/10
TO:
JENNIFER B. WHITE, ASSISTANT COUNTY ATTORNEY
OFflCEOFTHECOUNTYATTORNEY
FROM:
Gary Bigelow
Real Property Management
TIME SENSITIVE
RE:
Neighborhood Stabilization Program (NSP) Grant
FARBAR "As Is" Contract for Purchase and Sale
2497 BAYSIDE STREET
3\,0
~ ~\)~
C\G J.,
.y ~
~~/\)
~ r )
9'~ -
BACKGROUND OF REQUEST /PROBLEM:
Please review'the attached FARBAR "As Is" Contract for legal sufficiency.
ATTACHMENTS: (1) FARBAR Contract
(2) Property Data
THIS ITEM HAS NOT BEEN PREVIOUSLY SUBMITTED.
FILE NO.:
ACTION REQUESTED:
Please review, and if acceptable, sign for legal sufficiency.
nk you very much!
MEMORANDUM
Date:
March 4, 2010
To:
Gary Bigelow, Property Acquisition Specialist
Facilities Management Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
NSP Program/ Farbar Contract
Property Address: 2497 Bayside Street, Naples
Attached is the original contract, as referenced above (Agenda Item #16D8)
approved by the Board of County Commissioners October 27, 2009*
Please forward the fully executed original document to the Minutes
& Records Dept. so that it can be kept as part of the Boards official
record.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment (1)