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
, J I i -
THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK,
1. PARTIES: AS TRUSTEE FOR MASTR ALTERNATIVE LOAN TRUST 2006-2 MORTGAGE PASS (USeller~),
2* and Collier County, a Political Subdivision of the State of Florida ("Buyerj,
3 hereby agree that Seller shall selt and Buyer shall buy the following described Real Property and Personal Property (collectively "Property")
4 pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"):
5 I. DESCRIPTION:
6. (a) Legal description of the Real Property located in Co ~~_ County, Florida: LOT 25, BLOCK 22,
r GOLDEN GATE UNIT 2, RECORDED IN PLAT BK 5, PGS. 65-77, PUBLIC RECORDS, COLLIER COUNTY, FLORIDA
8* (b) Street address, city, zip, of the Property: 1969 46th Terrace SW, Naples, FL 34116
9 (c) Personal Property includes existing range(s), refrigerator(s), dlshwasher(s), ceiling fan(s), light fixture(s), and window treatment{s} unless
10 specifically excluded below.
Other Items Included are:
11'"
12*
Not Applicable
13'"
14'
Items of Personal Property (and leased items, if any} excluded are'
Not AppllcabLe
15' II. PURCHASE PRICE (U.S. currency): . .
'6 PAYMENT;
1 T" (a) Deposit held in escrow by j"Escrow Agenn in the amount ot (checks subJOCf to clearancel $_~~_~
: 8* Escrow Agent's address: Phone;
1 9* (b) Additional escrow deposit to be made to Escrow Agent within _~. days after Effective Dale In the amount of.
20'" (e) Financing In the amount of ("Loan Amount'1 see Paragraph IV below
2' . (dl Other
?? (e) Balance 10 close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject
23'" to adjustments or prorations
2-1 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 part~s on or
26~ before 10 days from Counter_offer _' the deposit(s) will, at Buyer's option, be returned and this offer withdrawn.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 d~ivered.
28 (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signea or Initialed this offer or the
~9 final counteroffer. K 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. ';J"c~~op~:I:,,}fyU~O~IE~~~ stMJr;;.NED(Wn:~AYESI;:EREF:;'~;.V~EIG~~TE COUNTEROfFERS
:1 1 ,v. FINANCING:
32~ ij[ (a) ThJs IS a cash transaction with no contingencies for f!nanclng;
33~ 0 (b) ~ Contract is contingent on Buyer obtaining written loan commitment which confirms underwrrting loan approval fOf' a Joan to purchase
34' the Property ('Loan Approv,;1 w~hin _ days Of blank, than 30 days) after Effective Date ("Loan Approval Datel for (CHECK ONLY
35' 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 iritial interest rate not to
36' exceed _ _ %. and for a terrn of _ years. Buyer wit make application wtthin _ days (ff b~k, then 5 days) efter Effective Date.
37 BUYER; Buyer shall use reasonab" diligence to: obta" Loan Approval; notify Seller in writing of receipt of Loan Approval by Loan Approval
3:3 Date; satisfy terms of the Loan Approval; and cklse the klan. Loan Approv,; which requires a condition related to the sa" of other property shaU
3g not ba deemed Loan Approvat for purposes of this subperagraph. Buyer shall pey al klan expenses. Buyer author~es tte mortgaga broklll1s) and
40 Iender(s) 10 disclose information regarding the conditlons, status, and progress of loan application and Loan Approval to Seller. seller's atta-nay,
4 1 real estate Iicensee(s), and Closing Agent.
42 SELLER: If Buyer does not deliver to SeNer V\lTitten notice of Loan Approval by Loan Approval Date, Seller may thereafter cancel this Contract by
43 delivering Y'Y'ntten notice ("Seller's Cancellation Notice'l to Buyer, but not later than seven (7) days prior to Closing. Seller's Cancellation Notice shall
<14 notify Buyer that Buyer has three (3) days to deliver to Seier written notice waiving this Financing contingency, or the Contract shall be cancelled.
4'5 DEPOSIT(S) (for purposes of this Financing Paragraph IV(b) only): If Buyer has used reasonable diligence but does not obtain Loan Approval
45 by Loan Approval Date, and thereafter either party efects to cancel this Contract, the deposlt(s) shall be returned to Buyer. If Buyer obtains Loan
4' Approval or waives this Financing contingency, and thereafter the Contract does not close, then the derx>sit(s) shall be paid to Seller; provKled how-
48 ever, ij the falure 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~ Buyers lender
4Cf falls to receive and approve an appraisal of the Property in an amount sufficient to meellhe lerms of the loan ApprovaL then the deposit(s) shaH be
5(' returned to Buyer.
5' * Q (c) Assumption 01 existing mortgage (see rider for terms); or
b2* 0 (d) Purchase money note and mortgage to Seller (se8 "As Is" Standards Band K and riders: addenda, or speCial clauses for terms).
,53* V. TITI.e EVIDENCE: At ieas1 _ days (If blank, then 5 days) before Closing a title insurance commitment with legible cop~s of Instruments listed as
54 exceplQns attached thereto ("Title Comrnftrnent*) and, after Closiny, an owner's policy of title insurance (see Standard A fOf' terms) shall be obtained by:
E.iJ* (CHECK ONLY ONE): ~ (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or
56* CJ (2) Buyer at Buyer's expense.
b 7* (CHECK HERE): ':lIt an abstract at title is to be furnished instead of title Insurance, and attach rider for terms.
58* Vl. CLO~NG DATE: This transaction shall be closed ard the closing docLm€r1ts delivered on May 7, 2010 ("Closing"), unless
59 rrodi1led by other provisions of this Contract. In the everlt of extreme vveather Of other conditions or eva1ts ccnstituting ''force majeure", CIosng wi~ be
50 9xtencted a reasonable tme lTltl; (i) restora\:k:ln of utlitles and other" services essential to Closilg, and Oi) availooility of Hw..arU, Wind, Flood, or Homeowners'
61' insurance. rt such conclrtk:ms contnue more than ...1L d8y'S (~ blank, then 14 days) beyond Closing Date, then either party may cancel this contract.
$95,040.00
$
$
$
N/A
NIl>..
N/A
$ 94,040.00
rAFVBAR ASIS-2 Rev. 9/07 Cl 2007 Florida Association oll~EAL:IORS. and The Ronda. Bar All Rights Reserved Page 1 of 5
62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to comprehensive land use ~ans. zoning,
63 restrictions. prohibitions and other requirements Imposed by governmentaJ authority; restrictions and matters appearing on the plat or otherwise
64 common to the subdivision; outstanding oil, gas and mineral rights of record withuut fight of entry: unplatted public utility easements of record
6~, (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 lor year of Closing and subsequent years: and assumed mortgages and purchase money mortgages. if any (if additional Items, see
or addendum}; provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property for
68- Neighborhood Stabil~ization Program (NSP) ~___,__ purpose(s),
69 VIII. OCCUPANCY: Seller shall deliver occupancy 04 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. tf occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable
12 lor maintenance from that date, and shall be deemed 10 have accepted Property in its existing condition as of time of taking occupancy.
73 IX. TYPEWRITTEN OR HANOWAIITEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shalt control all printed pro.
74 visions of thIs Contract in conflict with them.
75. X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer Cl may assign 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 cJmay not assign this Contract.
77 XI. DISCLOSURES:
78 (8) The Property may be subject to unpaid special assessment Uen(s) Imposed by a public body ("public body" does not include 8
79 Condominium or Homeowners' Association). Such Iien(s), if any, whether certified. confirmed and ratified, pending, Of payable in installments,
80. as of Closing, shall be paid as follows: 21 by Seller at closing 0 by Buyer (If left blank, then Seller at Closing). !f the amount of any
81 assessment to be paid by SeHer has not been finally determined as of Closing, SeUer 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 PBf-
84 sons who are exposed to it over time, Levels of radon that exceed federal and stale guidelines have been found In buildings in Florida,
85 Additional Information regarding radon Dr radon testing may be obtained from your County Public Health unit.
Bf, (c) Mold Is naturally occurring and may cause health risks or damage to property_ If Buyer is concerned or desires additional Information
bl regarding mold, Buyer should contact an appropriate professional.
88 (d) Buyer acknowledges receipt of the Florida EneI"gy-Efficiency Rating Information Brochure required by Section 553.996, F.S.
89 (€I) If the Real Property inclUdeS pre-1 918 residential housing. then a lead-based paint rider is mandatory.
90 (1) If Seller Is a "foreign person" as defined by the Foreign Inveslment in Real Property Tax Act, the parties shall comply with that Act.
91 (9) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED ANO READ THE HOMEOWNERS' ASSOCIA-
92 TIONICOMMUNtTY DISCLOSURE.
93 (h) PRlPERTY TAX DSCLOSURE SUWMARY: BUYER SHOUllJ NOT RELY ON mE SEUER'S CURRENT" PROPER1Y TAXES AS lHE AMOUNT
9. OF PROPER1Y TAXES THAT lHE BUYER MAY BE OBUGATED TO PAY IN lHE YFAR SUBSEQUENT TO PURCHASE, A CHANGE OF OWNER-
95 SHIP OR PROPERTY IMPROVEMENTS TPJGGERS REASSESSrvENTS OFll-IE PRlPERTY THAT COULD RESULT IN HtGHER PROPER1Y TAXES,
96 IF YOU HAVE IWY QUESTONS CONCERNING VALUA'1l0N, CONTACT lHE CCUNfY PRlPERTY APf'Rt>JSER'S OFFICE FOFIINFOR\N\'1lON,
91 XII. MAXIMUM REPAIR COSTS: DELETED
98" XIII, HOME WARRANTY: ::J Seller .J Buyer a: N/A will pay for a home warranty plan Issuad by ,,,________
gg'" at a cost not to exceed $___~.9__:....~O ,
1 DO" XIV. tNSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have -1c.L days from Effective Dale ("'nspecUon Period") wfthln
1 01 which to have such inspections of the Property performed as Buyer shall desire and urN/ties service shall be made avaifabJe by the
102 SeJ/er during the Inspection Period; (b) Buyer shalf be responsible for prompt payment for such inspections and repair of damage
103 to ana restoration of the Property resulting from such Inspections and th;$ provision (b) shall survive termination of this Contract;
104 and (c) If Buretr determines, in Buyer's sole discretion, that the Property Is not acceptable to Buyer, Buyer may cancel this Contract
105 by delivering facsimile or written notice of such eJection to Seller prior to the expiration of the Inspection Period. If Buyer timely
1 Gf. cancels this Contract, the deposit(s) paid shall be immediately returned to Buyer; thereupon, Buyer and Seller shall be released of
107 ali further obligations under this Contract, except as provided In this Paragraph XlV. Unless Buyer exercises the right to cancel
1 De granted herfJln, Buyer accepts the ProPflrly In its present physical condition, subject to any violation of governmental, building,
10',) environmental, and safety codes, restrictions or reqvirements and shall be responsible for any and all repairs and improvements
11 a required by Buyer" lender.
11 t X!I. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders whk;h are applicable AND ara attachad to and made pert of this Contract:
112" Q CONDOMINIUM 0 VA/FHA 0 HOMEOWNERS' ASSN, ,j LEAD-BASED PAINT 0 COASTAL CONSTRUCllON CONTROL LINE
11.3' r:llNSULATION 0 EVIDENCE OF '1lTL E (SOLJrH FLORIDA CONTRACTS) 0 Other Comprehensive Rider Provsions a Addenda
114. Special Clause{s)' seller agrees to execut_~___~":::r:.':.r',~~?_~m8__g~P Affida_:'-.:~_~-"------~~h.~i~_I?~~~_l..?s~~_~.~~i_dav_i~_,
1.16. Special Warranty Deed, a~cl. Substitute vendor W-9. Seller will deliver the completed and signed W-9 to Buyer
116. simultaneously with signed contract '. ~___..____
1.i /. _.__.____._._,_ __~._____
~18. ~~~~~~~ra~~s property is vacant and shall remain so through closing to compLy with requirements of the
119* .Neighborhood Stabilization Progr~~_~_~_
120*
12- ,
122-
12:';*
12,1"
125'"
Standards B, r, ar.d Y ~~~_9.eleled.
.Due co Buyer being a County governmenta, ~~ncy
that Standard S is hereb..:L-9~J:.~l~_~_____"_._
Standards 0 and N are deleted,
with t3pt;cific guide!.ines _~l?:c:!__p_.E~cedu_~_.J?..~]1.!;.E.._~cknowledqes
,26 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt of a copy
127 (I' "AS IS" Standards A through Z on the reverse side or altached, whIch are incorporated as part of this Conlract.
~AR/AAR AStS-? Rev,9/0r 02007 Florida Association 01 Rf..ALTORS'- and The Florida Bar All Rights Resarwd Page 2 of 5
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 n-ItS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND n-IE FLORIDA BAR.
131 ,A,pproval does not constitute an opinion that any of the terms and condlt~ns 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.
'34 AN ASTERISKrI FOLLOWING A LINE NUMBER IN n-IE MARGIN INDICATES THE LINE CONTAtNS A BlANK TO BE COMPLETED.
136* **See Signature Block Below
136 (BUYER) [DATE)
(SEl.LER)
(DATE)
137*
138 (BUYER) IDATE)
139- Buyers' address for purposes of notice Real I'rope"ly Mar.aqemer.t
(SELLER)
Sellers' address for purposes of nonce
IDATE)
140' "r)l T"miami T,-iii, East, Naple::_ Fiend.. ;'0112
141* 12HI 252-8391 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 PROPERTY OF NAPLES
145 Cooperating Brokers, if any
AMERIVEST REALTY
listing Broker
Date Property acquisition approved by Bee:
rctober 27, 2009, Item 16D8
D~TED:
BUYER:
I\TTEST:
DWiGHT E. BROCK, CLER~
BOARD OF COUNTY COMMISIONERS
COLLI~TY'FLORIDA ." ~
-,~ f.A) ("d
BY, ,...
FRED W. COYLE, CHAIRMAN..
~
.t.... ....
App~oved as to form
and legal sufficiency:
Je"i~~::? ~
A~sistant County Attorney
PROPERTY ADDRESS: 1969 46TH TERRACE SW, NAPLES, FLORIDA 34116
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14E "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 owner's policy of tItle Insurance in Ihe amount of the purchase price, insuring Buyer's marketable title to the Real Property, subject only to matters contained
'4!=1 in Paragraph VII and those to be discharged by Seller at or before Closing. Marketable litle shall be determined according to applicable Title Standards adopt.
150 od by authority of The Flonda 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
'51 found defective, notify Set~r in wrting specifyIng defecl(s) which render title unmarketable. Seller shall have 30 days from receipt of notice to remove the
i,52 defects. failing wh,ch Buyer shall, within 5 days after e)(Plration of the 30 day penod, deliver writ1en notICe to Seller either: (1) extending the time for a reason"
':;;3 able period not 10 exceed 120 days WIthin wl'1lCh Seller shall use diligent effort to remove tile defects: or (2) requeSlong a refund of deposi!(s) paid which shall
1 f4 be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the lltle as It then IS, Seller shall, rt title IS found unmarketable.
~ 55 U5e diligent effort to correct defect(s) witl'1in 1M time provided. If, atler diligent effort, Seller it; unable te 1lfT1ely correct the dejects, Buyer shan either waive the
'56 ,jefects, Q( receive a refund of depoSlt{S), thereby releasing Buyer and Seller from all further obligatior\S under thiS Contract. if Seller is to orovide the Title
157 Commitment and It is dehvered to Buyer lass than 5 days prior to Closing, Buyer may extend ClOSing so that Swyer shall rave up to 5 days from date of receipt
158 to examine same in accordance with this "AS IS. Standard.
159 B. PURCHASE MONEY MORTGAGE: SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a
160 30 daygface-period in the event of dofault if a first morlglJgeand 3.15 day grace period If a second or lesser mortgage; shall provide for fight of prepaymenl
'6 ~ if'. whole or In part wtthout penalty; shallpormit aocelet'aUon inevcnt 01 transfer of theRaal Property: shall require a" prior hens and encumbrances Ie be kept
162 in good standing; 31'1811 forbid modificatIons of, Of futuro advano6S undef',prlor mortgage(s}: shan reQUire Buyer to maotain pojlCl6S of insurance containing a
163 3t!lndard mortgagee clause covBnng ell improvements located on the Real. Property agalnot fire and ell perils included within the term ~extl~nd@d coveragG
164 endorsements. and such other risks and peril5 as Seller may rcaGorobly rcqWe, In an amount equal to their hlghe$t insurable value; and the mortgage, note
j 55 and security agreement shall be otherwise- In form and QontOAt required by SellQ', but Seller may only r9Quire clauses and coverage customarily found in mort-
160 gages, rrortgage nol6$end security agreements generally utillt:ed by sa~ng6 a.nd loan institutK)r)s.Q( state or national banks located in the-county whereintl:le
167 Real. Property oS.. located; All Personal Property OAd 100606 being conveyed. or assigned Will, alSttI!tIr's option, besubJ6Ct to the lienofa securitYilgreement elli,
168 de-need by recorded Of' filtKHinanclllg statoments or cortifioales or Hie. If a balloon mortgage, the final payment. will excBEld thaperiodlcpayments thereon.
169 C. SURVEY: Buyer, al Buyer's expense, wilhin lime allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and ceni-
170 fled by a registered Flortda surveyor If the survey discloses encroachments on the Real ProPerty or that improvements IUl:at'id thereon encroach on setback
171 lines, easemen1s. lands of others or Violate any restriClions, Con!r~ct covenants or apPhcaOle governmental regulations, the same shatl constitute a title delect.
, 72 D. WOOD DESTROYING OAGAMSMSl-OSLIiTED
'73 E. INGRESS AND EGRESS: Seller warrants and represents that there is ingres!l and egress \0 the Real Property sufficient for its intended use as described
174 ir Paragraph VII hereof and title to the Real PropMy IS insurable III accordance with "AS IS" Standard A without exception for lack of legal nght of access.
1 75 i. LEASES: Seller shaH at loosl 10 days bcfortl Closing, furnish to Buyer copies of all written lease6 and eatoppellelters from each tenantspecltylng tile natlJ(e
, 76 Md duration of the tenant's occupancy, rental ratoo, advanced ranl and security deposits paid. by tsnant, If Seller IS unable to obtain such letter from each ten-
1 77 Bnt~tneS8meimormatlonshallbe fUrl1lshedbySel1or to BLtyor Wlthinlhat time period intheformol a Seller's affidavit. and Buyer may thereafter contact len,
178 ani to conftrm such'information, II the terms of the leases differ materially from Seller's repreaentations,fluyer may lermiJlat8,lhis, Conlractby delivering written
178 notice lo Sollef at leasl5 days prioHo Closing, Seller snail, at Closing, deliver andassigf\ all original leases to Bwer,
18:'" G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherNise provided for herein, of any financing statement,
16'1 claims of lien or potenliallienors known to Seller and further attesting that there have been no improvements or repairs to the Real Pr0p8rty for 90 days Imme.
18? diatety preceding date of Closing. ~, the Real Property has been improved or repaired within th<tt tirne, Selter shall deliver releases or wal\lers of construction
! 53 liens executed by all gBf1eral contractors, subcontrat.10rs, suppliers and matenalrnen in addition to Seller's lien affidavil setting forth the names of all such gen-
18tl era! contractors, subcontmctors, suppliers and matenalmon, further affirming that all charges for improvements or reprnrs wtlicr could serve as a basis for a
1 85 construction lien or a claim for damages have been paid or will be paid at the ClOSing of IhlS Contract.
186 H, PLACE OF CLOSING: Closing shall be held In the county wherein the Real Property IS located 81 the office of the attorney or other clOsing agent ("Closing
1 fJ.7 Agenn designated by the party paying for title insurance, or, if no title insurance, designated by Seller.
j B8 I, TIME: CalEndar days shall be used 1r1 computing time periods except periods of less thM SIX (6) days, in wlich B\'ent SatlKdays, Sundays and state or nation-
,fl;9 allega! holidays shall be excluded. Any tme 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 01 the essenoe in this Contract,
191 J, CLOSING DOCUMENTS: S~er shall furnish the deed, biM of sale, certificate of title, construction lien affidavit, owner's possession affidavit, assgnments of Ieas-
192 es, tenant and mortgagee estoppel letters and corrective Instruments. Buyer shaH furnish mortgage, mortgage note, secunty agreement and financing statements,
193 K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be p8Jd by SeUer. All costs of Buyer's loan (whether obtained
194 from Seller or third party). including. but not limited to, docurnentary \>1amps and jntanglb~ tax on the purchase money mortgage and any mortgage assumed,
195 mortgagee title insurance commrtment With related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer.
196 Unless otherwise provided by law or rider to tnis Contract, charges for related closing services, title search, and closing fees (including preparation of clOSing
197 slatement). shall be paid by the party responsible for furnishIng the tit~ evidence in accordance with Paragraph V
19H L. PRORATIONS; CREDITS: Taxes, assessmerlts, rent, interest, Insurance and other e)(pens6!l of lhe Property shall be prorated through the day before Closing.
199 Buyer sha~ have the option of taking over existing policfes of Insurance, if assumable, In which even! premiums shall be prorated. Cash at ClOSing shall be
200 increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Cbsing. Advance
,")0 i rent and security deposrts will be credited to Ouyer_ Escrow deposits held by mortgagee w~l be credrted to Seller. Taxes shall be prorated based on tM current
202 \'oor's tax with due allowance made for maximum allowable discount, ~lomesteEKI and other exempllons. If CloSing occurs at a date wrlen the current year's mill.
203 39f' 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-
204 rent Is not available, tt'en taxe!l will be prorated on prior year's tax, If there are completed improvements on1he nesl Property by January 1 sl of year of ClOSing,
21)5 whiCh improvements were not In existence on January 1 st 01 prior year, then taxes sl1all be prorated based upon pnor year's millage and at an equitable assess"
206 fllent 10 be agreed upon between the parties; fa~lng which, reqUB.<;t shall be made to the County Property ApprOlsor lor an informal assessment taking into
207 ~,ccount avallable exemptIOns. A lax proration based on arl estimate shall, at request of either party, be readJU$ted upon receipt of current YlClar's tax bill.
20R M. (RESERVED - purposely left blank)
209 N. INSPEGTIONAND REPAIR' OELETED
21 C 0, RISK OF LOSS: If, after the EffectiVe Date, the Property is damaged by fire or other casualty (~Casualty Loss") before Closing and cost of restoration (whICh
211 shall IllClude the cost of pruning or removing damaged trees) does no! exceed '.5% of the Purchase Price, cost of restoration shall be an obligation of Seller and
212 Closing shal proceed pursuant to the terms of this Contract, and If restoration is not completed as of Closing, restoration costs will be escrowed al Closing, If
21 J tre cost of restoration exceeds 1,5% of the Purchase Price, Buyer Shall e,ther take the Property as is, together Wlth the 1.5% or recBlVe a refund of deposit(s}
214. U".ereby releasing Buyer and Seller from all funher obhgalions under lhis Contract Seller's sole obligation Wltll respec1lo tree damage by casualty Of other natu.
?16 ral occurr8!lce shall be the cost Of prumng Of removal
216 P. CLOSING PROCEDURE: The deed shall be "!)Corded upon clearance of funds, If the title agert Insures adverse matters pursuant to Section 627,7841,
217 F.$., as amended the escrow and closing proceduro required by thIS "AS IS" Standard shall be waived. Unless waived as set forth abo'Je the following
FAR/BAR ASIS.2 Rev, 9/07 02OC7 Florida Association 01 REALTOHS. and The Florida Bar All Rights Reserved Page 4 of 5
218 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUEDl
219 .),Qsing procedures snail apply: (1) all closing proceeds shall be held in escrow by the Closing Agent for a period at not more than 5 days after Closing; (2)
220 if Seiter'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
221 have 30 days from date of receipt of such notification to cure the defect: (3) if Seller falls to timely cure the defect. all deposits and closing funds shall, upon
222 written demand by Buyer aJ'1d within 5 days after demand, be reli.Jrned to Buyer and. simultaneously with such repayment, Buyer shall return the Personal
223 Property, vacate the Real Property and reconvey the ?roper1y to Seller by special warranty deed i;ind bill of Sole; and (4) if Buyer fails to make timely demand
224 for refund, Buyer shall lake 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 lhe deed or bill 01 sale
226 Q. ESCROW: Any CloSing Agent or escrow agent (collectively "Agent") receiving funds or oquivalent is authorl7ed and agrees by acceptance of them to deposit
227 them promptly, hold same in escrow and, subject to clearance, disburse lherT' in accordance with teflTls and conditions 01 this Contract. failure oj funds to
22R clear shall not eXCUSB Buyer's pertormance_ If in doubt as to Agent's duttes or liabilities under the provisions at 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 Of 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 jurisdk:t1on 01 the dispute_ An attorney who represents
231 a party and also acts as Agent may represent sLich party in such action. Upon notifYing all parties concerned of such action, all liability on the part of Agent
232 shalllully terminate, except to tt1e extent ot accounting for any ite~s previously delivered out 01 escrow. If a licensed real estate broker, Agent will comp'Y with
233 provisions 01 Chapter 475, FS" as amended. Any SUIt betwtffin Buyer and Seller wherein Agent rs made a party because 01 acting as Agent hereunder, or In
234 any sui1 wherein Agent interp1eads the subject malter 01 the escrow, Ager.t shall recovor reasonable attorney's fees and costs iriCurred with these amounts to
2~5 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 liable
236 ~o any party or person for m1sdeliv6fy to Buyer or Seller of items subject to me t:lscrow, unless such miSdelivery is due to wiltlul breach of the prOVIsions of this
237 Contract or gross negligence of Agent.
238 A. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enlorcement or interpretation, arising out of this Contract, the prevailing party in SUCh liti.
239 gahan, which, lor purposes of this "AS IS" Standard, shall Include SeII8f', 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.PERFORMANGE: If Bttyerfads toper1orm-this Cootroot withinlhe- time 6pecified, -including puymcntafalldopoSlI6;- !he depm,it{6l- paid by
Z42 [3vyer- and oepoSit(s} egreed to be paid, meyberecovered and-retefnedby and fmthe-flCCount Of Sellef ss agreed upon flqttidated damages-.- eonsideretionfor
2~3 the ex-eeutioA-oHhi8 Gentreet-and- in fun aettlemeAlof any cltlinls: whereupon, Buyorand Sollor 6haJI bereliEw€d of allobligQtlons uncIofltlis CoIllmot-; or8e#ef;
244 slS6Iet~5- optlOO-,"meyproceed inequity to er'Ifert'le--Sellet'srights under this Contract. If fer any reason other ltIen faHlJf80f Seller to ffiakeScllers-htle- mar.
245 kel6b1e6f~er diligent effort, SeHer-feils.fl8glecisor refl:lsestoperfofrnthis Gontract,l::myermay seek specIfic perlormanceorelecttorecewelhareturnofBtJyer'$
21',0 depos+t(sjwithout-lhefoby-woiv'ng ony-oct1Of1fordamagoeresulling from Soi\or'f;. broaoh
24' T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any not,ce of it shall be recorded in any public records.
248 This Con~ract shall bind and inure to the benefrt of the parties and their successors In interest. Whenever the context permits, singular shall include plural and
249 one geflder shall include all. Notice and delivery given by or to the attorney or broker representlng any party shall be as effective as if given by or to that party.
250 All notices must be in writing and may be !"'lade by mail, personal delivery or e~lronic media A legIble facsimHe or elBCtronic {includmg "pdt"} COpy of this
251 Contract and any signatures hereon shall be consiC1ered (or all purposes as an original.
252 U, CONVEYANCE: Seller Shall convey marketable title 10 the Real Property by Slatulory warranty, trustee's, personal representallve's, or guardian's deed, as
253 appropriate to the status 01 Seller, subject only 10 matters contained in Paragraptl VII and those otherwise accepted by Buyer, Personal Property shall, at the
254 i'€IQuest of Buyer, be transferred by an absolute bRI 01 sale with warranty of title, subject only to such matters as may be otherwise provided for herein.
255 '1/. OTHER AGREEMENTS: No prior or present agreements or representations snail be binding upon Buyer or Seller unless included in thiS Contract. No mod-
256 ificalion to or change In this Contract shall be valid or binding upon the parties unless It1 writing and executed by the parties intended to be bound by il.
257 W, SELLER DISCLOSURE: 11) There are no tacts known to Seller materiaMy 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 represent.tion of any type, either expreS$ or imp/fed,
259 dB to the physical condman or tliSfory of the Property; (3) Seller has received no written or verbal notIce from any governmental entity or agency as
268 to a currently uncolTeCted building, environmental or safety cocle violation: (4) Seller has no know/9dge of any repairs or impt'Ov9ments made to the
26 i Property without compliance with governmental regulation which have not bf1fln disclosed to Buyer.
262 )(. PROPERTY MAINTENANCE; PROPERlY ACCeSS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, inCluding,
26:< but not limited to lawn, shrubbery, and pool in the COndition existing <is of Effective Date. ordinary wear and tear and Casualty Loss excep1ed_ Seller shall, upon
264 reasonable notice, prOVide utilities sf;7fvice and access to the Property for app~al::;al and inspections, Including a walk-through prior to ClOSing, to confirm that
265 aJlltems of Personal Property are on the Real Property and that the Property has been rnalntained as required by thiS "AS is" Staf"ldard. Seller will assign all
266 asSignable repair and treatment contracts and warrantIes to Buyer at Closing,
267 Y.l031 EXGHANGE: If-either Soller or Buyer Wi3t11o enter intoaHl<c-ldndcxehangc[cithcr oimultaneou3-with Closing-or deferred) wilhrespeclto the-Property
268 '-lnder SectIon 103 1 0' the Internal Revenue Code ("Exchange1. the ather party shallcooporatolnallreesonabte respects toeffecluatethe Excr,enge;includ-
269 l/1fj thocxooution of dooumontt:i; provk1ed(l) tre cooperating party sholl incur no liability OfoXpense reiatedlo HleExchangeand(2)-the Closing shall nolbe
210 .:ontingent ttpOA-, nor ~ended Of dslayed--by;-such&ehange,
271 Z, BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by Taw, against any real 8stute Iicens9fI involved
2,2 in fhe negotlst/on of the Contract, for any defects or other damIJge that may exlsf at Closing of the ContrBot and /;)8 suosequently dIscovered by the
273 Buyer or anyone claiming by, through. under or against the Buyer.
FAR/BAR A$IS-2 Rev. 9/07 C 2007 Florida Associatklrl of RI:AL.IORS- and The FiOrda Bar All Rights Reserved Page 5 of 5
Details
Page 1 of 1
~
Property Record
Aerial
Sketches
Trim Notices
4j ~
- Current Ownership ~
I Parcel No.1135746720004 II Property Addr...1I1969 46TH TER SW I
I Own.r Nam.11 BANK OF NEW YORK MELLON I
: Addr.....lll00l SEMMES AVE I
I Cityll RICHMOND II Stat.11 VA II ZiP1123224.2245 I
i L.galll GOLDEN GATE UNIT 2 BLK 22 LOT I
II 25 I
,
1 Section II Township II Range II Acres II Map No. il Strap No. I
I 22 49 26 II 0.23 I 4B22 321400 22 254B22 I
I Sub No. II 321400 II GOLDEN GATE CITY UNIT 2 Il~ Mlllaae Areall j~~ II Total IlsChOOl1
I J:'; lln.Codj! II 8 II MULTI.FAMILY LESS THAN 10 UNIT II 20 II 7.2 II 12.439 115239 I
I~See InstructiQill1_JQ[.~~~l2tions I
2009 Final Tax Roll Latest Sales History
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 42.687.00 Date I Book - Page II Amount I
(+) Improved Value $ 98,612.00 12/2009 4518.2275 $100.00 I
(=) Ju.t Valu. $141,299.00 11/2005 I ~,843 II $ 380,000.00 I
H SOH Exempt Value & Other Exemptions $ 0.00 105/199911 2~~.1Zl! II $100,000.00 I
(=) Assessed Value $141,299.00
(-) Homestead and other Exempt Value $ 0.00
(=) Taxabl. Valu. $141.299.00
(=) School Taxable Value (Used for School Taxes) $ 141,299.00
SOH - "Save Our Homes" exempt value due to cap on assessment
Increases.
m:.em!lI
If! 3/4201 [)
q~\ 000
~,' l~
The Information is Updated Weekly
, ~/4)0
LJiuY
.' .) '-.......
J
____L
http://www.collierappraiser.com/RecordDetail.asp?Map=&F 01 iolDo000003 5 746720004
3/3/2010
Print Map
Page 1 of 1
li....;;'~
\~~ ~
~' .~
ill
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St"".tNilme'!l
Pa.cels
5ubdlyl!-io".
A"";ollllZ00'9Ii> Ifl~h U'l)"o)
,l,t-n.11I100lljZfEfTI
BuJldlng footp'I"I~
Culll.., County
Folio Number: 35746720004
Name: BANK OF NEW YORK
MELLON
StrH'- & Name: 1969 46TH TER SW
Legal Description: GOlDEN GATE
UNIT 2 BLK 22 lOT 25
~ 2004 Collier County Properly Appraiser INhlle the Collier County Properly Appra<s&r IS committed to providing the most accurate and up-lo_date information, no warranties expressed or implied are provided
for the data herein, its use. or'ls interp,elation
http://maps.collierappraiser.com/webmap/mapprint.aspx?title=&orient~ LANDSCAPE&pap... 3/3/2010
Property Detail @ Listingbook.com
Page 10f2
r Agent: Mary Willkomm
printed 3/3/10
Rates as low as 3.560/0 APR.
lock in today
,
ItmOlngb ....
1969 46th Ter SW -lIIctive
Location NAPLES, Fl, 34116, Collier County
Development Golden Gate City Sub-Diy Golden Gate City
MLS# 210006093 Prop. Low Rise
Dese
Style
Price
Age 2S years (1985)
Rear Exp East
Total 2,440
Area
(approx)
DOM 20
Baths 2 Full
Lot Size OxOxOxO
Gulf Ace No
SqFt
(approx)
$106,900
2,440
$/SqFt
Bedrooms
Acreage
Waterfront
$43.81
2 Bed
0.220 Acres
Water Central Sewer Central
Garage 0 spaces / - Carport
Parking
Cooling Central ElectriC
Heat Central Electric
Roof Remarks
Construction Concrete Block, Remarks
Exterior
View
Amenities
GEO Area
None
Other
Remarks
NAZ4
nroperty Notes
Remarks: CHARMING 2 BED 2 BATH UNIT TRIPLEX. BUYER TO VERIFY ALL!
Water Features
Waterfront
Boat Access
Canal Width
Irrigation
Pv Pool/Os
Pv Spa/Os
Interior Features
None Interior Remarks
None Flooring Carpet, Ceramic Tile, Remarks
Master Bath Other
None Kitchen
No/ - Appliances Remarks
No/ - Dining Areas Family ~ Dining
Additional Rooms Remarks
Furnished Unfurnished
Building Information
Unit Floor # 1
Units in Building
Building#
Cable TV
Builder Product
Total Floors
Units in Cmplx
Elevator
Approval Info
Pets
Lease Limits
Yes
Pet Comments
No
No Approval
Needed
Min Days Lease 0
Leases Per
Year
Maintenance
Includes
Restrictions
Community Type
Security System
Fees
Master HOA Fee
HOA Fee
Assessments
Amenity Fee
Special Assessment Fee
Assessment Type
Remarks
other
None
$0.00
$0.00
Condo Fee
$0.00 Club Fee
Transfer Fee
Land Lease Fee
Windows
Ceiling Fans
None Miscellaneous
Remarks Short Sale
Yes
Foreclosure/REO
Seller Concessions
Special Info
Finance Type
Status Type
No
Resale Property
At Closing
Ves
o
Possession
Financing Terms
Guest House
-/-
$0.00
$0.00
http://www.listingbook.com/propddail?listing~ select~ mode=O&listing_ view~O&mode~ I &... 3/3/20 I 0
INS"R 4373042 OR 4518 PG 2275
DWJ~HT E. BROCK, COLLIER COUNTY
DOC@.70 SO.70 REC S18.50 INDX
CONS S100.00
RECORDED 12/11/2009 3:50 PM
CLERK OF THE CIRCUIT COURT
S5.00
PAGES 2
&}
.
.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
SUNTRUST MORTGAGE, INC.,
Plaintiff,
vs.
CASE NO. II-2008-CA-002676
DIVISION
I
I
I
I
I
I
I
I
SPACE FOR RECORDING ONLY F.s.569S.26
MOISES GARCIA; TilE UNKNOWN SPOUSE OF MOISES
GARCIA NfKlA TERESA GARCIA; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,
INCORPORATED AS NOMINEE FOR SUNTRUST
MORTGAGE, INC.; TENANT #1 NfKlA OLGA
CAMPBELL; TENANT #2 NfKlA OLGA CABREJ~A>-_,.__
TENANT #3 NfKlA DEE;/\\~, R C O',:;,~
Defendnnl(s). ~ \, ",.>___"-.<J.A '.:;,
/~O~::-/<~)~
/ ",/ '.. \
/.-- '
/ / ~I!: '~'Oii
The undersigned Cferk o(the ft an a C~ificate of Sale in this action on
. ri ed ~t;rei' and that no objections to the sale
" J-I
have been filed within the time all ~ for mgoDJ \ , ::::
The following property in d~~~ County, Florida: ){'(j /:i:?
LOT 25, BLOCK 22, GOLD~- ~, UNIT 2, ACCORD ,,' -to: liE PLA T THEREOF RECORDED
IN PLAT BOOK 5, PAGES 65~~C!JlS ~'g HE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA "tIn (: \ \'ZS>/ ,
AfKlA 1969 46TII TERRACE SW, NAPLES;FL"3'ifl6.
was sold 10: The Bank of New York Mellon. fka. The Bank of New York as successor to JPMorl!an Chase Bank. N.A.
as Trustee for Mastr Alternative Loan Trust 2006-2 Morte:a2e Pass-Throueht Certificates Series 2006-2, whose address
is: 1001 Semmes Avenue, Richmond. VA 23224.
WITNESS my hand and seal of the Court on \)pl'f;('I\b,ol'l' I I .2009, as Clerk of the Circuit Court.
(SEAL)
.. . .
Dwight E. Brock .
Clerk of the Cir~uiCt!~~rt.' '9.
, " . "
" ._ ~ '. f' t (' {.';. '. .
BY:~A~~~~J:;~
Deputy !.crk '\....~.1 ,- / "~ U
,,,;(..<';7_1'.--:..
,~..
_ \0,.0 Cj Copies furnished to:
\9- (<\5 v' Florida Default Law Group, PL.
P.O, Box 25018
Tampa, Florida 33622-5018
All parties on the attached service list.
1111I11I111111111111111111111111111111111111I1111I
11873364
;
Co
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C)
..d~ C')
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(j . ~'. -..
I Q , _
3'P.
l;:
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..,.,
,,-,
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c-)
,....'
[: .~: ,.
",\",:
-
CJJ
*** OR 4518 PG 2276 ***
.
.
Service List
MOISES GARCIA
3620 15th A venue Sw
J Napfes, FL 34t 16
THE UNKNOWN SPOUSE OF MOISES GARCIA NIKJA TERESA GARCIA
3620 15th A venue Sw
,/ Naples, FL 34116
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS NOMINEE FOR SUN TRUST
MORTGAGE,INC.
./ c/o clo Legal Department (MERS), R.A.
1595 Spring Hill Road, Suite 310
Vienna, V A 22182 ____~_.
TENANT #1 NIKJA OLGA CAMPBEL~({~.~0~';--."
./ 196946th Terrace Sw /.0/ ...."!:./..J~,,
Naples,FL34116 ~L/ '( \
/r-"~ \ \
TENANT#2NIKJAOLGACAB RA/ ~- ,- d \
./ :::::L:::~:wDEE i/~ (T~(O) 1~r Y\L-1
/ 1969 46th Terrace Sw \' \~y ......~_/ - / "Y /
\......~ ',1-.......;
Naples, FL 34116 \"", :Ji.. k /''::: /
\~. "t~ C,?/
!;~~_/-::\ \\~/
'''"C!j.L:_~~\~l..>;/
!!iIelowGary
To:
Cc:
Subject:
TorresRick; RamseyFrank; LeonardRoosevelt; HammerTammy
Mary Willkomm; motU; RussellHans
1969 46th Ter SW - 34116 - Duplex - Bank of New York Mellon property
Importance:
High
Tammy - Rick: Can you coordinate looking at this Duplex with Mary in GG City today or first thing tomorrow? I'll have
Roosevelt work up the numbers.
Thank you!! @
C;cuy 13i.fjclow. B\\'"
l'i'(lp"1'! \ \1 (jllll-ill<1TI :--:rw(:i,di~1
t:,oIli'TI:oIHll\ 1;'I\".I'IWllllll
2::q-~).~.,:t()~:1
1
~elowGary
From:
Sent:
To:
Cc:
Subject:
TorresRick
Thursday, March 04, 2010 1:14 PM
BigelowGary; KrumbineMarcy
LeonardRoosevelt; mott_t
RE: 1969 46th Ter SW - 34116 - Duplex - Bank of New York Mellon pro perty
Data for 1969 46th Ter SW: this is a triplex. Recommended for purchase.
Unit A rehab: $44,800
Unit B rehab: $36,400
Unit C rehab: $40,500
Regards,
Rick
BigelowGary wrote:
Fantastic! I have three more with another Broker in 34116 and working on Codes. ('II let you know!!
From: TorresRick
Sent: Thursday, March 04, 2010 12:04 PM
To: BigelowGary
Subject: RE: 1969 46th Ter SW - 34116 - Duplex - Bank of New York Mellon pro perty
I got the code and will do shortly.
BigelowGary wrote:
Thanks!! 1 Can always count on youl!
From: TorresRick
Sent: Thursday, March 04, 2010 9:46 AM
To: BigelowGary; RamseyFrank; LeonardRoosevelt; HammerTammy
Cc: l'lary Willkomm; mott_t; RussellHans
Subject: Re: 1969 46th Ter SW - 34116 - Duplex - Bank of New York Mellon pro perty
I'll give Marya call.
Rick
BigelowGary wrote:
Tammy - Rick: Can you coordinate iooking at this Duplex with Mary in GG City today or first thing tomorrow? I'll have Roosevelt
work up the numbers.
Thank foul! 0
GcvyB~.I"\ '"
Prlll"!'l \h~l11i,.ili(ltl :-OP",'ill h_~l
(:nIJi,',. t:ollnl \ (;O\I'rrl\'Jlllll
~T)-!'-12-HOi3
2
~elowGary
Importance:
Mary Willkomm
moll t; RussellHans; LeonardRoosevelt
OFFER: 1969 46th Ter SW 34116 - Triplex
High
To:
Cc:
Subject:
Mary: Please accept this as Collier County's Letter of Intent to offer $95,040 CASH for the property located at
1969 46th Ter SW, Naples, FL 34116. The offer is based on an appraisal of $96,000. Under NSP we can only
offer 99% of appraised value, and this constitutes highest and best value. Please see the attached Proof of
Funding document. Closing shall be April 30, 2010. We prefer no EMD escrow, but if required the EMD
escrow deposit shall be $1,000. We will require any Addenda to the FAR BAR "As Is" contract within two days
of acceptance of the offer. I am also attaching a Substitute W-9 Vendor form for the Escrow agent to
complete and return within two days of acceptance of the offer. i will need the Escrow agent's name, address,
and phone number for the FARBAR contract as soon as possible after acceptance. Escrow funds will be paid
within 15 days of acceptance by all parties. If this offer is agreed to, I will prepare the FARBAR "As Is" contract,
and all Addenda for County review and signatures. If the Seller prefers to use their standardized NSP contract.
if anv. please have the Seller/Seller's agent forward that document upon acceptance of our offer. Please
contact me as to the Seller's decision at your earliest convenience. Thank you very much.
-rtJ -rtJ
NSPPROOF OF Substitute W-g
FUNDING.pdf Form. County.p...
(i.;u-y B~. Illle'\(
"r')i"'I';:- \1'JlII!-lliulI:-;jOl'l'iali,,)
(:,,111" ':Illlltl\ l;,n,'n1t'lll!ll
.\3()-..:-,~-H\)7J
~elowGary
From:
Sent:
To:
Cc:
Subject:
KrumbineMarcy
Thursday, March 04, 20104:51 PM
BigelowGary; RamseyFrank; TorresRick
RussellHans; molt t
RE: OFFER: Triplex - 1969 46th Ter SW 34116
99% -make it happen!
1Jta'rq 'A 'U#1ftJiiU!
Marcy Krumbine, MPA
Director
Collier County
Housing and Human Services
239-252-CARE
239-252-HOME
239-252-8442
239252-2638 - fax
Sharing heart to heart and hOme to home...
From: BigelowGary
Sent: Thursday, March 04, 20104:50 PM
To: KrumbineMarcy; RamseyFrank; TorresRick
ec: RussellHans; mott_t
Subject: OFFER: Triplex - 1969 46th Ter 5W 34116
Importance: High
Marcy: Based on the following would you like to offer 99% of appraised value for the subject MF unit?
List: $106,900
Appraised: $96,000
99%: $95,040
Rehab: $121,700 (Avg. $40,000 each unit)
G(NvyB~.Il\\.\\l.
Pfnp,'rlv\ClIlIl~ili(jll sp'" iali:-..t
1:,lllj,T (:011111\ C(l\"I'IH'ltlHI
.;:)ll-.',-,!-gl)~:l
1
~elowGary
Importance:
BigelowGary
Thursday, March 04, 2010 5:06 PM
'Mary Willkomm'
molt_I; RussellHans; LeonardRoosevelt
OFFER 1969 46th Ter SW 34116 - Triplex
High
From:
Sent:
To:
Cc:'
Subject:
Mary: Please accept this as Collier County's Letter of Intent to offer $95,040 CA5H for the property located at
1969 46th Ter SW, Naples, FL 34116. The offer is based on an appraisal of $96,000. Under NSP we can only
offer 99% of appraised value, and this constitutes highest and best value. Please see the attached Proof of
Funding document. Closing shall be April 30, 2010. We prefer no EMD escrow, but if required the EMD
escrow deposit shall be $1,000. We will require any Addenda to the FAR BAR "As Is" contract within two days
of acceptance of the offer. I am also attaching a Substitute W-9 Vendor form for the Escrow agent to
complete and return within two days of acceptance of the offer. I will need the Escrow agent's name, address,
and phone number for the FAR BAR contract as soon as pOSSible after acceptance. Escrow funds will be paid
within 15 days of acceptance by all parties. If this offer is agreed to, I will prepare the FAR BAR "As Is" contract,
and all Addenda for County review and signatures. Ifthe Seller prefers to use their standardized NSP contract.
if any. please have the Seller/Seller's agent forward that document upon acceptance of our offer. Please
contact me as to the Seller's decision at your earliest convenience. Thank you very much.
-rtJ'
c',-_
-1oooIt
-rtJ'
. ..
-
NSP-PROOF OF
FUNDING.pdf
Substitute W-9
Form - County.p...
Gcuy B~. 1(\\;\ Ie
Prol't'flyhqui"'iti\lll ~lH'(~l<lh..;(
ClJlli'T I :Olllll \ I ;oy,'rrH'llwl
:2:_IE)-~:)2-807:1
1
.!!!ielowGary
Importance:
BigelowGary
Thursday, March 04, 20104:50 PM
KrumbineMarcy; RamseyFrank; TorresRick
RussellHans; molt t
OFFER: Triplex - 1969 46th Ter SW 34116
High
From:
Sent:
To:
Cc:
Subject:
Marcy: Based on the following would you like to offer 99% of appraised value for the subject MF unit?
List: $106,900
Appraised: $96,000
99%: $95,040
Rehab: $121,700 (Avg. $40,000 each unit)
0cwy B0fclow. 1(\1''':
Pl'!lt"'I'f ,\ \"'jlli:-illl!!1 ;--;IWl'i.di~1
(:lIlli"I' LOlllll \' (~l)\PI'II,.tllll1
2:~(i<'1~"~107:1
2
~elowGary
Importance:
Mary Willkomm [maryw@perfectnaples.com]
Saturday, March 06, 2010 955 AM
BigelowGary; motU; RussellHans; ZimmermanSue; LeonardRoosevelt
FW OFFER: 1969 46th Ter SW 34116 - Triplex
NSP-PROOF OF FUNDING.pdf; Substitute W-9 Form - County.pdf
High
From:
Sent:
To:
Subject:
Attachments:
To all,
Please see response below regarding 46th Terrace.
~~
. Perfect Properties of Naples, Inc.
239-649-0002
239-269-0357
From: Sylvia McQuerry [mailto:sylviam@milehighreo.com]
Sent: Friday, March 05, 2010 11:05 AM
To: 'MARYW@PERFECfNAPLES.COM'
Cc: Diana Kelly
Subject: FW: OFFER: 1969 46th Ter SW 34116 - Triplex
Importance: High
Hi Mary,
Thank you very much for your offer inquiry. We do have a tentatively accepted offer pending signatures. Please let me
know if I can be of any further assistance to you.
Thclnk 'jou and have a Great Real Estate Da'j,
, ('\' ;1
/\dmin,strative Coordinator For
'0"'1 ",J
~erive5t Realt';!
Naples, Florida
Direct )0)-99)-45 I 5
Fax: 866-764--4-4-))
www.sunshinereo.com
From: Mary WillkommISMTPMARYW@PERFECTNAPLESCOMl
Sent: Friday, March 05, 20106:56:48 AM
To: Diana Kelly
Cc: 'BigelowGary'; 'motU'; 'Leonard Roosevelt'; 'Russell Hans'
Subject: FW: OFFER: 1969 46th Ter SW 34116 - Triplex
Importance: High
Auto forwarded by a Rule
Diana,
Please see email below regarding Collier County's offer to purchase your listing at 1969 46'h Ter SW. Please do not
hesitate to call should you or your seller have any questions.
Thank you,
Mary Willkomm
Perfect Properties of Naples, Inc.
239-649-0002
239-269-0357
From: BigelowGary [mailto:GaryBigelow@colliergov.net]
Sent: Thursday, March 04, 2010 5:06 PM
To: Mary Willkomm
Cc: motet; RussellHans; LeonardRoosevelt
Subject: OFFER: 1969 46th Ter SW 34116 - Triplex
Importance: High
Mary: Please accept this as Collier County's Letter of Intent to offer $95,040 CASH for the property located at
1969 46th Ter SW, Naples, FL 34116. The offer is based on an appraisal of $96,000. Under NSP we can only
offer 99% of appraised value, and this constitutes highest and best value. Please see the attached Proof of
Funding document. Closing shall be April 30, 2010. We prefer no EMD escrow, but if required the EMD
escrow deposit shall be $1,000. We will require any Addenda to the FARBAR "As Is" contract within two days
of acceptance of the offer. I am also attaching a Substitute W-9 Vendor form for the Escrow agent to
wmplete and return within two days of acceptance of the offer. I will need the Escrow agent's name, address,
and phone number for the FAR BAR contract as soon as possible after acceptance. Escrow funds will be paid
within 15 days of acceptance by all parties. If this offer is agreed to, I will prepare the FAR BAR "As Is" contract,
and all Addenda for County review and signatures. If the Seller prefers to use their standardized NSP contract.
if any, please have the Seller/Seller's agent forward that document upon acceptance of our offer. Please
contact me as to the Seller's decision at your earliest convenience. Thank you very much.
GC'.Y\I 13~}W. '''\ '"
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3
MEMORANDUM
Date:
March 12,2010
To:
Gary Bigelow, Property Acquisition Specialist
Facilities Management Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
NSP Program ("As Is" Contract for Sale and Purchase)
Property Address: 1969 46th Terrace SW, 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 252-7240.
Thank you.
Attachment (I)
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 dnclIment Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents an: to be forwarded to the Board Office only after the Hoard has taken action on the item,)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dales, and/or information needed. If the document is already complete with the
exception of the Chainnan's signature, draw a line throu2:h roulin 'lines #1 through #4, comDlete the checklist, and forward to Sue Filson (line #5).
Rpute to Addressee(s) Office Initials Date
.JL is! in routing order)
1.
2. ------
--
---
3. ------------ --
4. . .-------
.
5. Ian Mitchel!, BCC Oflice Board of County Commissioners ~ ~\\\.\ \0
Supervisor A
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(Thi;: primary contact is the holder of the original documem pending Bee approval. Normally the primary contact is the person who created/prepared the executive
SllTPmary. Primary contact information is needed in the event one anhe addressees above, including Sue Fibon, need to contact staff for additional or missing
information. All original documents needing the Bee Chaimlan'5 signature are to be ddivered to the BCe office only after the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
( Gt=:r-o~
Phone Number
fO)3
/ j f
(
Yes
(Initial)
N/A(Not
A licable)
Agenda Item Number
10/8--7
{!.~,A)T~ T
Number of Original
Documents Attached
~
)J;r
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro date.
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 arties exee t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval orthe
document or the final negotiated contract date whichever is a plicable.
"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 Mithchcll in the BCC omce within 24 hours of BCC approvaL
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be are f our deadlines!
The document was approved by the Bee o~-D /, 0 (enter date) ami all changes
made during the meeting have been incorpora cd in th attached document. The
Count Attorne 's Office has reviewed the chan es, if a licablc.
jJ Iff
Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised] .26.05, Revised 2.24.05, Revised 9.] 8.09
"
3.
4.
5.
6.
\"),,2 - C)\~4g-
ITEM NO.: /'lP- \cr\
FILE NO.:
ROUTED TO:
i'.",., I
',r\, :'.,1': '/':1: r/'=.I~,'Cl
; .. \1'
g
DATE RECEIVED:
..,.., I 9 :-" '; ~)
REQUEST FOR LEGAL SERVICES
TIME SENSITIVE
.~ /, ~~l\\
5Ur
r .,
, Ii
DATE:
March 9, 2010
TO:
----
Office ofJ::etlnG';'ttomey '.~
ATT~fJENNIFER B. WHITE; ASSISTANT COUNTY
ATTORNEY
G~perty Acquisition Specialist
Real Property Management
J
RE:
NSP - 1969 46th Terrace SW
\\0
'3 \ \\ \ vJ
~ '0 euY-
C. \ C- ,.rj..J. lQ
~. CI4'
~?
FROM:
BACKGROUND OF REQUESTIPROBLEM:
Please review the attached F ARBAR contract for legal sufficiency
ENCLOSURES:
1 . F ARBAR contract
2. Property Data sheets
THIS ITEM HAS NOT BEEN PREVIOUSLY SUBMITTED.
ACTION REQUESTED: Please review the enclosed document, and if acceptable,
please sign for legal sufficiency.
~
Thank you.