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As Is Contract for Sale and Purchase THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS- AND THE FLORIDA BAR "As Is" Contract For Sale And Purchase A l' 2' 3 4 5 6' 7' 8' 9 10 11' 12' 13' 14' PARTIES: COLLIER COUNTY, a political subdivision of the State of Florida ("SeUer"), and ROLANDO CARRILLO, A SINGLE MAN, & YONDEL GARCIA, A ~INGLE WOMAN, AS JO:NT TENANTS ~ITH RIGHTS OF SURV~~ORSHIP ("Buyer1, hereby agree thaI Sell~'r shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") pursuant 10 Ihe 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 Collier . County, Fiorida: . Lot 9, Block 1~4, Golden Gate Unit No.5, recorded in Plat Book 5, Page 117-123, Pub11c Records, Col11er County, Flor1da (b) Street address, city, zip, of the Property: 5360 19th Place SW, Naples, Florida 34116 (c) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window treatment(s) unleSs specifically excluded beiow. . Other Items included are: Not Appl1cable Items of Personal Property (and leased items, if any) excluded are: Not Applicable 15' II. PURCHASE PRICE (U,S. currency):.. ..........., ... ............................. $ 97,400.00 16 PAYMENT: 1 r (a) Deposit held in escfO'N by__._._*H.EWART_TJTJ".I;.._. __C'Escrow Agent") in the amount of (checl<s subiect to clearance) $..__~_'_Q..~_~...:.~_. 18' Escrow Agent's address::I936 Tamiami Troll North, Sulle A. N~,.'lori<l. 301103 ___.__.._.____PhOne: 239-262-2163 19' (b) Additional escrow deposit 10 be made to EscfO'N Agent w~hin _ 15 . days an9J EnllC1iv~e.Jr the amount of. . . . . . . . . . 20* (c) Financing in the amount of '"Loan Amount') see Paragraph IV below. . . . . . ..,]).1 q,,~ is. . .. .. .......,....... 21' (d) Other. ',* SE~. .L1l'!'ES. .1.15 . !!1.~<?Ui::lH. .117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 (e) Balance to close by cash. wire transfer or LOCALLY DRAWN cashiers or official banI< check(s). sublect 23' to adjustments or prorat'OI1S ,..,...,.................,........................,........ ......... 24 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE: 25 (a) If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or 26* before 15 days , Ihe deposit(s) will, at Buyer's option, be returned and this offer withdrawn. IoIRle11 GUler ~ nIl.. statH, the tiMe fer asseptaRs. ef ~. seYMefleffeF8 &hag 1M :2 EI~ WM the sate the e8YRt8reHer i8 Elelivlrelil. 28 (b) The date of Contract ("Effective Date") will be Ihe date when the last one of the Buyer and Seller has signed or initialed this offer or the 29 final counteroffer. If such date is not otherwise sel forth in this Conlract. then the "Effective Date" shall be the date determined above for 30 acceptance of this offer 8f, if afl~lieal:lle, IR8 flFlal G9l:lRterG~er. . 31 IV. FINANCING: 32' Q (a) This is a cash transaction with no contingencies for finanCing; 33" ~ (b) This Contract is contingent on Buyer obtainirg written loan commitment INhIch confirms underwliting loan approval for a loan to purchase 34' the Property f'Loan Approval'; within _ days (If blank, then 30 days) after Effective Date ("Loan Approval Datei for (CHECK ONLY 35* ONE): Xl a fiXed; 0 an adjustable; or U a fixed or adjustable rate loan, in the Loan Amount (See Paragraph II.(c)) at an initial interest rate not to 36' f'-xceed 6.00 %, aI1d for a term of ~ years. Buyer wiN make application within _ days (If blank, then 5 days) after Effective Dale. 37 BUYER: Buyer sha~ use reasonable diligence to: obtain Loan Approval; notify Seller in writing of receipt of Loan Approval by Loan Approval 38 Date: satisfy telTTlS of the Loan Approval; and close the loan. Loan Approval which reql.ires a condition related to the sale of other property shall 39 nol be deemed LOM Approval for purposes of this subpara~aph. Buyer Shal pay all loan expenses. Buyer authOl1zes the mortgage broker(s) and 40 Iender(s) 10 disclose infonnation regarding lhe conditionS. status, and progress of loan application and loan Approval to Seller. SelIer's attorney. 41 real estate licensee(s), and Closing Agent. 42 SELLER: If Buyer does nol deliver 10 SeHer wr~ten notice of Loan Approval by loan Approval Dale, Seller may thereafter cancel this Contracl by 43 deivering written notice i'SeIIer's Cancellalion Notice') to Buyer, but not later than seven (7) days prior to Closing. SelIer's Cancellation Notice shall 44 notify Buyer that Buyer has three (3) days to deliver to SeGer wlitten notice waiving this FlI1ancing contingency, or the Contract shall be cancelled. 45 DEPOSIT(S) (for purposes of this Financing Paragraph 1V(b) only): If Buyer has used reasonable diligence but does not obtain Loan Approval 46 by Loan Approval Dale, and thereafter either party elects to cancel this Contract, the deposil(s) shag be retumed to Buyer. If Buyer Obtains Loan 47 Approval or waives this Financing conbngency, and thereafter Ihe Contract does not close, then the deposit(s) shall be paid to Seller; provided how- 48 ever, If the failure to close is due to: (0 Seller's failure or refusal to close or Seller ott--,er....ise failS to meet Me lerms of the Contract, or (N) Buyer's lender 49 fals to receive and approve an appraisal of the Property in an amount sufficient to meet Ihe terms of the Loan Approval, then the deposil(s) shall be 50 returned to Buyer. 51" 0 (c) Assumption of existing mortgage (see rider for terms); or 52' Q (d) Purchase money note and mortgage to Seller (see 'As Is" Standards Band K and riders: addenda; or special clauses for terms). 53' V. TITLE EVIDENCE: At least -L days (If blank, then 5 days) belore Closing a title insurance commitment with legible copies of instruments listed as 54 exceptions attached thereto ("Tille Commitmentj and. after Closing. an owner's policy of @e insurance (see Standard A for terms) shall be Obtained by; 55' (CHECK ONLY ONE): 0 (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or 56' ~ (2) Buyer at Buyer's expense. 57" (CWIiCI< W&R&); a It aA alaelFaat af litle ie te Iae ~rnie~ea iAsteael ef title iA6\;JraAee, afleI eltElel'l rieler fer teFFfl6. 58* VI. CLOSING DATE; This transaction shall be dosed and the closing docl.rnet'1ts delivered on "SEE LINE 119 C'Closing'), unless 59 modified by other provisions of this Contract. in the event of extreme .....-eather or other conditions or events constituting ''force majeure", Closing will be 60 extended a reasonable.time until: (0 restoration of utilities and other setVices essential to Closing, ald ~O availabiity of Hazard, Wind, Flood. or Homeowners' 61' tnStJrance. If suCh condtions continue more lhar1_ days (if blank, lhen 14 days) beyond Closing Date, then either pcw1y may cancel this Contract. FAR/BAR ASIS-2 Rev. 9/07 0 2007 Florida Assoc'llllon of RI:ALrOOlS' and The Florida Bar .A11 RlQhts Reserved Page 1 of 5 $ 1!.9~2.00 $. 77 I 9:<1 Q . ~.El $---12.....1 8 0 . 00 $---2.: 00 62 VII. RESTRICTIONS: EASEMENTS; LIMITATIONS: Seller shall conwy 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 10 the subdivision; outstanding oil. gas and mineral rights of record without right of entry; unplatted public utility easements of record 65 (located contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side 66 lines); taxes for year 01 Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (if additional Items, see 67' addendum); provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property for residential 68* purpose(s). 69 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein, if Pm~er")' is inteAaea Rl 16 00 ~R16e er eee\::l",ieEl B6)'eAe Cleeil'llj, tAe faet an€lleRT\6 tf1e~ef aAe tl:ie teFlSFlt(6} sr 9ge1jl3aF1t9 gRalI Be e1i66IG8eell3wF6waAl ts "^S is' SlSRelareI ~ F. If eeel:Jf39Fl8)' is IS Be tiel;"6A3el bElfere OaslR€!, 8l:lyer es.Jl:IA"Iosall rishs sf iess Ie Flroperty tram date (}f BeSl:I!laFley, gRalI be fElSl39ASille aflElllalale +2 fer ffl8iAt6f',aA88 fl'Ell'flll1at elate, aRa shall B9 EleaR'leelle l-1av9 aeaer;>tea plfEll3eFty iR Itg ellietiRlj aeRaitieR as ef liFR9 at tal~R!j aael:ll38Aey. 73 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shaft oonlrol al printed pro- 74 visions of this Coo tract in conflict With them. 75" X. ASSIGNABIUTY: (CHECK ONLY ONE): Buyer CJ may assign and thereby be released from any further liability under this Contract; a may 76" assign but not be released from liability under tl1is Contract; or M may not assign this Contract. 77 XI. DISCLOSURES: 78 (8) The Property may be subject to unpaid special assessment 119[1(S) imposed by a public body ("public body" does not include a 79 Condominium or Homeowners' Association). Such Iien(s), if any, whether certifled, confirmed and 'atified, pending, or payable in installments, SO" as of ClOSing. shall be pald as follows: a by Seller at Closing all by Buyer [If left blank, then Seller at Closing). If the amount of any 81 assessment to be paid by Seller has not been ~nally determined as of Closing, Seller shall be charged at Closing an arrount equal to the 82 last estimate or assessment for the improvement by tho public body. 83 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present r.-ealth risks to per- 84 sons W'lQ are exposed to it over time. Levels of radon that exceed federal ana state guidelines l1ave been found in buildings in Florida. 85 Additional information regarding radon or radon testing may be obtained from your County Public Health un!. 86 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer Is concerned 0' 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 Property includes pre-1978 residential housing, then a lead-based paint rider IS mandatory. 90 (I) If Seller is a "fOreign person" as defined by the Foreign Investment ir Real Property Tax Act, the parties shall comply with that Act. 91 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA. 92 TION/COMMUNITY DISCLOSURE. 93 (h) PROPER1YTAX DISCLOSURE SUMMARY: BUYER SHCULD NOT RELY ON THE S8..lER'S CURRENT PROPERTY TAXES AS THE AMOUNT 94 OF PROPERTY TAXES THAT THE BUYER MAY BE C8LIGATID TO PAY IN THE YEAA SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER- 95 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF TH: PR'JPER1Y THAT COULD RESULT IN HIGHER PROPERTY TAXES. 96 IF YOU HA.VE IWY OJEST10NS CONCERNING VALUAlla--J, CONTACT TI-E COUNTY PROPERTY APPRAISER'S OFFICE FCflINFORMATION. 97 XII. MAXIMUM REPAIR COSTS: DELETED 98" XIII. HOME WARRANTY: Q Seller 0 Buyer m N/A will pay for a home warranty plan issued by 99" at a oost not to exceed $ . 100" XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shan have -=---- days from Effective Date ilnspectJon Period") within 1 01 which to have such inspections of the Prop6I'ty performed as Buyer Shall desire and utfl/tfes service shall be made available by the 102 Seller during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such inspKtlons and reptJir of damage 103 to and restoration of the Property resulting from such inspections and thIs provision (b) shall survive termination of this Contractj 104 and (c) jf Buyer 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 election to Seller prior to the expiration af the Inspection Period. If Buyer timely 106 cancels this Contract. the deposit(s) paid shall be immediately returned to Buyer; thereupon. Buyer and Seller shall be released of 1 07 all further obligations under this Contract, except as provided in this Paragraph XIV, Unless Buyer exercises the right to cancel 1 08 granted herein, Buyer accepts the Property in Its present physical condItion, subject to any violation of govemmental, building, 1 09 environmental, and safety codes, restrictions or requirements and shall be responSible for any and all repairs and improvements 1 . 0 required by Buyer's lender. 111 XV. RIDERSj ADDENDA: SPECIAL CLAUSES: CHECK those riders 'Nhlch are applicable AND are attached to and made part of this Contract: 112' CJ CONDOMINIUM CJ VA/FHA CJ HOMEOWNERS' ASSN. 0 LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE 113' a INSULATION 0 EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) U Other Comprehensive Rider ProviSions U Addenda 114* Special aause(s): 115' "Buyer will receive $29,220 from the Collier County Neighborhood Stabilization Program. Buyer will use 116* $19,480(20% of the Purchase Price) for Principal Reduction and the remaining balance of $9,740 will be used 117* for closing costs, prepaid items and any discount points associated with the First Mortgage transaction. 11B. 119* '" The transaction shall be closed on or before 45 days from the effective date. 120* 121' 122' 123" 124' 125' 126 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt of a copy 127 of "AS IS. Standards A through Z on the reverse side or attached, which are incorporated as part of this CO'1tract, FARI8AR ASIS-2 Rev, 9/07 C 2007 Florida Association of REAlTORS8 and The Florida Bar All Rights Reserved Page 2 of 6 128 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, 129 SEEK THE ADVICE OF AN ATIORNEY PRIOR TO SIGNING, 130 THIS "AS IS. FORM HAS BEEN APPROVED BY THE FlORIDA ASSOCIATION OF REALTORsa AND THE FLORIDA BAR. 131 Approval does not constitute an opinioo 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(.) FOLLOWING A 1-INE NUMBER IN THE rvtARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED. //.-.J r:/ZJ 11' 1 '1 U - Se er S1Qnature Be ow ~D :rE) (SELLER) (DATE) -15--- -It? .seller Siqnature Below (DATE) (SELLER) (DATE) Coconut Circle N.. Sellers' address for purposes of notioe c/O CC RPM ,BLDG. W 3301 E. Tamiami Trail. Naoles. Florida 34112 141* 239-438-2908 Alone (239) 252-8991 Phone 1-42 BROKERS: TAB erellel'e (iROludiAg eoopor:atiAg bro1181'8, if aflY) A8FAea oolow are ti'le ORI)' BI'6hElfe 0ffiifles to eeFAf38AootioA iA 8sAAsetieA witl:l 1 ~~ tAie CeAifaet: 144.11Il.,1ll:l. ~ CssI'sl'&liRI BNkere, if BAY liMit'll BNI(er DATE PROPERTY SALES APPROVED BY BCC: DECEMBER 1, 2009 - ITEM 17B DATED: .41/i11~ ~/O SELLER 'ATn~'F.; :oW! E. BROCK, Clerk ,~; ~~~ " . . Att,~~' .' Mp~~' i"J <;< \., ... ~~L:( Jll9Raturt "'...... \ '-. ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY, F~L~;"~ Approved as to form and legal sufficiency: ~ B'"1J ~ JENNIFER B. WHITE, Assistant County Attorney PROPERTY ADDRESS: 5360 19TH PLACE SW, NAPLES, FL 34116 ~ARl8AR ASlS-2 Re.... 9/07 C 2007 Florida AsSOCiation of REALTORS" and The Florida l3ar All Rights Reserved Page 3 of 5 146 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS 147 A. TITLE INSURANCE: The Title Commitment shall be Issued by a Florida licensed title insurer agreeing to Issue Buyer, upon recording of the deed to Buyer, 148 an owner's policy of title Insurance in the amount of the purchase price, insuring Swer's marketable title to the Real Property, subject only to matters contained 149 in Paragraph VII and those to be discharged by Seller at or before Closing. Marketable title shall be determined aocordlng to applicable Tille Standards adopt- 150 ed by au1horily of The FlorIda Bar and Ir 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 wl1tlng specifying defect(s) which render title unmarketable. Seller shall have 30 days from receipt of notice to remolle the 152 detects, failin9 which Buyer shall, wllhin 5 days after expiration of the 30 day period, deliver written nollce to Seller e"her: (1) extending lhe time for a reason- 153 able period not to exceed 120 days within which Seller shall use dillgert effort to rBrrove the defects; or (2) requesting a refund of deposit(s) paid which shall 154 be retumed to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to ~.ave accepted the title as It then is. Seller shall, ~ title is found unmarketable, 155 use diligent effort to c~ defect(s) 'Mthln the time provided. If, after diligent effort, Seller is unable to timely correct the defecls, Buyer shall either waive the 156 defects, or receive a refund of deposit{s), thereby releasing Buyer and Seller from alllurther obligations under this Contract. If Seller is to provide the Title 157 Commitment and it is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have UP to 5 days from date of receipt 158 to examine same in accordance with thiS "AS IS" Standard. 159 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller sl1all provide for a 160 30 day grace period In the event of default if a flrst mortgage and a 15 day grace period If a second or lesser mortgage; shall provide for right of prepayment 161 in wt10Ie or In part without penalty; shall permit acceleration in event of transfer of the Real Property; shall require all prior liens and enoumbrances to be kepi 162 in good standing; shall forbid modifications of, or future !ldvances under, prior mortgage(s); shall require Buyer to maintain policies of insurance containing a 163 standard mortgagee clause covering all Improvements located on the Real Property against fire and all pel1ls Included within the term "extended coverage 164 endorsements" and such other risks and perils as Seiler may reasonably require, In an amount equal 10 their hig~est insurable value; and the mortgage, note 165 and securtty agreemont shall be otherwise in form and content required by Seller, cut Seller may only require clauses and coverage customarily found in mort- 166 gages, mortgage notes ard security agreements generally utilized by savings and loan institutions or state or national banks located In the county wherein the 161 Real property is located. All Personal Property SRalo_s ee.n!j eeFl"ayea er a&6iSFleel will, at Seller's option, be subject to the lien of a security agreament elli- 158 denced by recorded or flied financing statements or cortlflcetes of title. If a Bailee", FAeFt!ja!J8, IAe final fil8YFAeAt 'vi,1 8Kseea t"'e f<*lIieale I*lYFneRls It-lereSR. 169 C. SURVEY: Buyer, at Buyer's expense, 'Mthin time allowed to deliver evidence of title and 10 examine same, may have the Real Property surveyed and corti- 110 lied by a registered Florida sUrveyOr. If the survey discloses encroachments on the Reai Property or that improvements located thereon encroach on setback 171 lines, easements, lands of others or vlolate any restrictions, Contract covenants or applicable governmental reguiatlons, the same shall constitute a title defect. 112 D. WOOD DESTROYING ORGANISMS: DELETED 173 E. INGRESS AND EGRESS: Seller warranls and represents that there Is ingress and egress to the Reai Property sufficlen1 for Its intended use as described 174 in Paragraph VII hereof and title to the Real Prooerty is insu~abIe in accordance whh '/IS IS" Standard ^ without exception for lack of legal right of access. m F: LEASES. Geller BAsil at leasl19 Ela; s eefeFe elesiRll, l<lrAIat-l te QloIyer SllllillS 9f 911"'FilleR laesae aRe eBlsppellettllAl frQRq 8asl:l ter:laAt &pesIfyIFl!! tl:le RAlRl m aAa BljretleR sf tAe (6I16",t'8 eeBloIf*lFle), feRIa! Fates, aa'JaAee61 FeRt BRli salll.lFity aspssitll paili BY ISnaRl. If Seller Is IoIRatlle tll llblalR swsl'1lellElr fFerFl eGllR tllR +++ an1, 11=1a 8Ilfl'le IAfefR'\8tiefl ahall Be fOlrRisRIlS 9y ~811er te ~~/er IflllhiR IAat timlllileRllEllR tile fe~ 91 a lOllller's ~gQl<il, QRd a, ^;q R'18Y tl:ierMtlgr SQRtlllGt teR m BAt Ie eef'lfifR'\ 6~8'" il'llaff\'latieR. If tRe tel'f'Fl6 sf lA9 leases eiMer FfIElterially ffQAl ~llIler!8 Jl9flI'ElBeAtatieRs, Q~r FAay tllFl'l'liJ'lalll tl:till CeAtFasl 9y eefi"sriRS "IIMeFl +W Retlee te €eller et leeet Ii aaye "Flllr tll <:19SIA8. 8sler sl:iall, at CieslA!!, el91I"l/r BRei asslSR all gliginalll/811ElB t8 !;iy:!'l( 180 G. LIENS: Seller shall furnish to Buyer at time of CIo6lng an affidav,t attesting to the absence, unless otherwise plO\lided for her&n, of any financing statement. 181 claims of lien or potentiellienors known to Seller and further attesting that there have been no Improvements or repairs to the Real Property for 90 days ltm1e- 182 dlately precedng date of Closing. If the Real Property has been improved or repaired w~hin tha1 time, Seller shall deliver releases or waivers of construction 183 liens execu1ed by all general contractors, subcontractors, suppliers and materialmen In addition to Seller's lien affidavit setting forth the names of all such gen- 184 eral contractors, subcontractors, suppliers and materialmen, furlher affirming thal all charges for Improvements or repairs which could serve as a basis for a 185 construction Uen or a claim for damages have been paid or will be paid at the Closlr"g of this Con1racl. 186 H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of tho attomey or other clOSing agent iClosing 187 Agent") designated by the party paying for title insurance, or, If no title insurance, designated by Sel'or. 188 I. TIME: Calendar days shall be used In corrputing time periods except periods of less than six (6) days, In which event Saturdays, Sundays and state or nation- 189 allegal holidays shall be excluded. Any time periods provided for herein which shali end on a Saturday, Sl.J1day, or a legal holiday shall oxIend to 5:00 p.m. of the 190 next business day. lime Is of the 8$Sence in this Contract. * Statutory deed bill of sale. 191 J. CLOSING DOCUMENTS: Seller Shall furnish the Eleeel, 811 ef B8Ie, B8/lillB8le ef t tie. construction lien affidavtt, owner's possessiOn affidavit, aeeiIlRR'19F1SS 9f IgQIl 192 85, 18fIIIAlllf1&lfleFtllesel/ aslefilJlQlIelt_ and corrective instruments. Buyer shal furnish mortgage, mortgage note, security agreement and financing stalements. 193 K. EXPENSES: Documentary stamps on the deed and recording of corrective Instruments shall be paid by w.et All costs 01 Buyer's loan (whether obtained-ver 194 from Seller or third party), including, but nollimitea to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, 195 mortgagee title Insurance commitment with ralaled fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer. 196 Unless otherwise provided by law er Reier te 11110 CeFltraet, charges for related closing services, tills search, and closing lees Oncludlng preparation of clo5lng 197 statement), shall be paid by the party responsible for furnishing the ti"e 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 Shaf have the option of taking over exIsti1g policies of insurance, it assumable, in which event premil.ms shall be prorated. Cash at Closing shall be 200 increased or decreased as may be required by prorations to be made ltrough clay prior 10 Closing, or occupancy, if occupancy occurs before Closing. Actvance 201 renl and securtty deposits will be credl1ed to Buyer. Escrow depOSits held by mortgagee will be credtad to Seller. Texes shaD be prorated based on the current 202 year's tax w~h duo allowance made for maximum alloweble discount, homestead and other axe/llltions. If Closing occurs at a date when the current year's mill- 203 age Is not fixed and CUrTent year's assessment is available, taxes will be prorated based upon such assessment and fJflor year's millage. ~ current years assess- 204 ment is not aval~ble, then taxEiEl will be prorElled on prior year's tax. If there are completed improvements on the Real Property by January 1 st of year of Closing, 205 which improvements were not in existence on January 1 st of prior year, then taxes shall be prorated based upon prior year's milage and at an equitable assess- 206 ment to be agreed upon between the parties; fa~lng which, request shall be made to the County Property Appraiser for an informal assessment takng into 207 account available exemptions. A tax proration based on an estimate shall, at request of el1her party, be readjusted upon receipt of current year's tax btll. 208 M. (RESERVED - purposely left blank) 209 N. INSPECTION AND REPAIR: DELETED 210 0, RISK OF LOSS: If, after tho Effecllve Date, the Property is damaged by fire or ofher casualty rCasualty Loss") before Closing and cost of restoration (which 2t1 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 CIos!l1g shall proceed pursuant to the terms of this Contract, and if restoration is not completod as of Closing, restoration costs wil be escrowed at Closing. If 213 the cost of restoration exceeds 1.5% of the Purchase Price, Buyer shall either take the Property as Is, together wllh the 1.5% or receNe a rofund of deposit(s) 2t4 thereby releasing Buyer and ~ler from aD further obligations under this Contract. Seller's sole obligation with respect to tree damage by casualty or other natu- 215 ral occul'l'lll'lCe shan be the cost of pruning or removal. 216 P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title agent insures adverse matters pursuant to Section 627.7841, 2t7 F.S.. as amended, the escrow and closing procedure required by this "AS IS" Standard shall be waived. Unless waived as set forth above the following FARlBAR ASiS-2 Rev. 9/07 Q 2001 Florida Association of REALT~ and The Florida Bar All Rights Reserved Page 4 of 5 218 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 219 cbsing proccdures shall apply: (1) all closing proceeds shall be held in escrow by the Closing Age:n for a period of not more than 5 days after Closing: (2) 220 if Seller's ttle is rendered unmarketable, through no fau~ 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 fails TO timely C'Jre the defect, all deposits and closing funds shall, upon 222 wrrtten 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, walving all righ:s against Seller as to any intervening defect except as may be available 10 Buyer by virtue of war- 225 ranties contained in the deed or bill of sale. 226 Q. ESCROW: My Closing Agent or escrow agent (collectively" Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposi1 227 them promptly. hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this Contract. Failure ot funds to 228 clear shall not excuse Buyar's performance. If in doubt as to Agent's duties or liabilities under the provisions ofthis 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 judgnent of a court of competent jurisdiction shall 230 determine the rights of the parties, or Agent may depos~ sa11e with the clerk of the clrcu~ court having jurisdlc1lon of tho dispute. M attorney who represents 231 a party and also acts as Agent may represent such party In such action. Upon notifying a'l parties concerned of suell actiOl1, all liability on the part of Agent 232 shall fully terminate, except to the extent of accounting for any ~ems previously delivered out of escrow. If a Ilcen:sed real estate broker, Agent WIll comply with 233 prOvisions of Chapter 475, F.S., as emended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in 234 any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred With these amounts to 235 be paid from and out ofthe escrowed funds or eqUivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable 236 to any party cr person for misdelivery to Buyer or Seller of items gjbject 10 the escrow, unless such misderlVBry is due to willful breach of the provisions of this 237 Contract or gross negligence of Agent. 238 R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract. the prevailing party in such liti- 239 gatlon, which, for purposes of this "AS IS" Standard, shall include Seller, Buyer and any brokers acting In agency or nonagency relationships authorized by 240 Chapler 475, F.S., as amended. shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses. 241 S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, indudlng payme1t of all deposits, the deposit(s) paid I:1f 242 Buyer and deposit(s) agreed to be paid, may be recovered and retained oy and for Ihe account of Seller as agreed upon Iquidated damages, consideration for 243 the executlon of this Contract and in full settlement of any claims; whereJpon, Buyer and Seller shall be relieved of ell obligations under this Contract; or Seller, 244 at Seller's option, may proceed in equ~y to enforce Seller's rights under this Contract. If for any reason other than failure of Seller to make Sellers t~ki mar- 245 ketable after diligent effort, Seller fails, neglects or refuses to parlorll this Contract, Buyer may seek specific performance or elect to receive the return of Buyer's 246 depos~(s) without thereby waiving any action for damages reSUlting from Seller's breach. 247 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither thiS Contract nor any notice of rt shall be recorded in any public records. 248 This Contract shall bind and Inure to the benetn of the parties and their successors in Interest. Whenever the context permits. singular shall include plural and 249 one gender shell Include all. Nolice 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 made by mail, personal delivery or electronic media. A legible facsimile or electronic Onduding 'pelf'} copy of this 251 Contract and any signatures hereon shall be considered for all purposes as an original. 252 U. CONVeYANCE: Seller shall convey mar1<elaOle title to the Real Property by statutory 'NQrrllAty, tNGlee'9. llereeFlfll reIlFellBflta&iva'&, ar !I1W.eiaA'B 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 ab60lute bil of sale with warranty of litle. eubject only to such matters 88 may :JC otherwise provided for herein. 255 V. OTHER AGREEMENlS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless Included in this Contract. No mod- 256 Iflcation to or change in this Contract shall be vaJid or binding upon the parties unless in writing and executed by the parties Intended to be bound by It. 257 W. SELLER DISCLOSURE: (1) There are no facts known to Seller matenal~ affecting the value of t1e Property which are not readily observable by Buyer or 258 which have not been dl6Cloood to Buyer: (2) Seller fJ)(fendB and Intends no warranly /II1d makes no repre5entstion of any type. either express or implied. 259 as to the physical condition or history of the Property; (3) Seller has received no written or verbal notice from any govlfmmental eniItY Of' agency as 260 to a currently uncorrected building, environmental or safety code vIolation; (4) Seller has no knowledge of any repairs or Improvements made to the 261 Property without compliance with governmental reguiatlon which have not been dlsciosed to Buyer. 262 X. PROPERTY MAINTENANCE: PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, including, 263 bUt not liMited to lawn, shl\Jbbery, and pool in the condition existing as of Effective Date, ordinary wear and tear and Casualty Loss excepted. Seller shall, upon 264 reasonable notice. provide utilities service and access to the Property for appraisal and Inspections, including a walk.through prier to Closing, to confirm that 265 all items of Personal Property are on the Real Property and that 1he Property has been maintained as required by this . AS IS" Standard. Seller Will assign al 266 assignable repair and treatment contracts and warranties to Buyer at Closing. ~ '" 1 031 IiXCIolAN..,. It eill:1Br Seller gr 8llyer wiG'" tG 8Rter inte a Iil~e kiREl elleRaRge \eilRer Silflt:l118A8el:le witl:! CleeiA8 er Eleferl'8El) 'IAth f~eet ta 1l:le ppe~BIty ~ 1oI1'18er SestiaA 100' Elf tl:le IRtama! ~e'''eFIl:le Caae ('l!xsAlII1liJe'1, tRal:/lAer filaR)' sAall aeef3eFale iA a" feaeenaBle Fes~eet6 Ie effeallllEl1e the DlehaAllB, if1eh::I8 ~ ir:J8 l!:1e exesiA1er:J ef El9S14FRe~B; 1l1'8' iEleel (1) tRe saaperati"'€l /laRy 9R811 iRellr Re Iialililil'l er 8l1J1efle9 mlales 1e tRe ~eRaAfile BAS (2) tRe Cle61Rg 8t1a11 Ret Iile ~ SI/r-RIA!j9At WIil'lR, AIII' eKlllR8ll8 9r 891ayeS I:lr. 8l:leR lilieR8AlJ8. 271 Z. BUYER WAIVER OF CLAIMS: Buyer waives any c/slmB against S~.r and, to the extent permitted by law, .:nsf ~ reai Batst. Ii._. irt~.\'fltJ 272 in the negotiation of the Contract. for any defects or othsr damage that may exist at Closing of the Contract and be subsequently discovered by the 273 Buyer or anyone claiming Dr. through, under or against the Buyer. FAR/BAR ASIS-2 Rev. 9/07 e 2007 Flonda Association of REALTORS" and The Florida Bar AI Rights Reserved Page 5 of 5 MEMO TO: MR. FRED W. COYLE, CHAIRMAN, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FROM: GARY BIGELOW, REAL PROPERTY MANAGEMENT Re: NSP SALE OF HOMES Dear Mr. Chairman: Attached are three (3) contracts previous submitted and executed. We were asked by the Lender to modify the First Mortgage amounts on the contracts. We have had the Buyers initial for legal sufficiency, and ask that you initial each contract accordingly. Thank you very much for your valuable time and kind assistance. Respectfully, 4.~~,~ ~IOW' ~AC Real Property anagement Collier County Government To: Minutes & Records 10/7/10 Attached for your records, please find the Original Contracts and Amendments for the following closings: Thanks, THIS FORM HAS BEEN APPROVED BY THE Fl.ORIDA ASSOCIATION OF REALTORS" AND THE Fl.ORIDA BAR "As Is" Contract For Sale And Purchase I' 2' 3 4 5 6' 7' 8' 9 10 11' 12' 13' 14' PARTIES: COLLIER COUNTY, a political subdivision of the State of Florida ("Seller"), and ROLANDO CARRILLO.._.A~MAN, & 'fONDEL GA~CIA. A~:INGLE WOMAN. AS JOINT TENANTS ~.I~ RIGHTS OF SURV~~ORSHIP ("Buyer1, l1ereby agree that Seller shaH sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") pursuant to the terms and conditions of this Contract fOi Sale and Purchase and any riders and addenda ("Contract'): I, DESCRIPTION: (al Legal description of the Real Property located in Call ter "------;---- County, Honda; . Lot 9, Block 1~4 t Golden Gate Unit No.5, recorded ~n plat Book 5, Page 117-123, Pub11c Records, Colller County, Florlda (b) Streel address. city, zjp, of the Property: 5360 19th Place__SW, Naples, Florida 34116 (c) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window treatment(s) unleSs specifically excluded below Other ~ems included are: ~~pl icable Items of Personal Property (and leased items. if any) excluded are' Not Applicable IS' II, PURCHASE PRICE (U,S. currency)' 16 PAYMENT: 1 r (a) DepoSIt held ill escrow by____.__$TEWART_:rIJJ,,~,,_____t'Escrow Agent') in the amount of (ctlElCks subject to clearance) 18' Escrow Agent's address: 3936 Tamillni 1rll<< NIlt'lh, s...1..A NepIl!l~,~I"ondll 3-4100 _Phone:~~g.262-2163 19" (b) Additonal 6scrow deposit 10 be made to Escrow- Agent witnin _ 15 days aner E"active Date in the amount Of. 20" (c) Financing in the amount of rLoan Amount") see Paragraph IV below. 21" (d) Other .*.*.S~~ LI~ES .1.~5, TH~aT.!~H. ,117 22 (el Balance 10 close by cash. wire trans1er or L.OCALLY DRAWN cashier's or official bank Check(s). subl8ct 23* to adjustrTl8nts or prorat'OflS 24 III, TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE: 25 (a) If this offer is not executed by and delivered ta all parties OR FACT OF EXECUTION communicated in writing between the oarties on or 26" before 15 days , the deposit(s) will, at Buyef's option, be returned and this offer withdrawn. URls8. 9t~8r ;p: "'IB8 8tQt8~, t~e time fsr aG'9aptaRGe 9f any S9YfMeF6f:f8R1 6hall B8:2 EI~8 fmm tJ::Ie date11:1e e8wRteFen,r;6 Q8liVlFElEiI 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 29 final counteroffer. If such date is not otherwise sel forth in this Conlract, then the "Effective Date" shall be the date delermjned above for 30 acceptance of this offer 9~ if afJ~liG~lg, tt;>s final 6el:lAtere~r. 31 iV, FINANCING: 32- 0 (a) This is a cash transaction with no contingencies for financing; 33* ~ (b) This Contract is contingent on Buyer obtainIng 1N!il1en loan commtmeot which confirms underwriting loan approval for a loan to purchase 34' the Property ("Loon Approval') wnhin _ days (rt t>ank, lhon 30 days) after E~ect^'" Date ("Loan Approve! Date") for (CHECK ONLY 35- ONE): .K) a bed; 0 an adjustable; or J a fixed or adjustable rate loan, in the Loan Amount (See Paragraph Il.(c)} at af'; initial interest rate rot to :36" p..xceed 6 .00 %, and f:Jr [\ term of ~ years. Buyer wm make application Within _ days (if blank, then 5 days) afteJ Effective Dale. 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 tenns af the Loan Approval; and close the loan. Loan Approval which requires a condition related to the sale of other property shaJl 39 ('Ot be deemed Loa'l Approval for purposes of ltlis subparagraph. Buyer snaD pay all loan expenses, BtJya- authOrtzes the mortgage broker(s) and 40 lendef(s) to disclose information regarding tho condltlonS, status, and progress 01 loan applicatiOn and Loan Approval to Seller. sellerS attorney; 41 mal estate lic6l1see(s), and Ooslng Agent. 42 SELLER: It Buyer does not deliver fo SeHer wr~ten notice of Loan ApprOVal by Loan Approval Date, Seller may thereafter cancel this Contract by 43 delivaing written notice f'SeIIer's Cancellation Notice') to Buyer, but not later than seven (7) days prior to Closing. Sellers Cancellation Notice shall 44 notify Buyer that Buyer has three (3) days to deliver to SeDer written notl(.'6 waiving this Finarcing contingency, ()( the Contract shall be cancelled. 45 DEPOSIT(S) (for purposes of this Fil'lancing Paragraph IV(b) only): If Buyer has used reasonable diligence but does not obtain Loan Approval 46 by Loan Approval Date, and thereafter either pany elects 10 taI1cellhis Contract, the deposit{s) sha~ be re:umed 10 Buyer. If Bvyer obtains Loan 47 Approval or waives this Financing contrngency, <:md thereafter the Contract does not cbse, then the deposit(s) shall be paid to Seller; provided how~ 48 ever, if the failure to close is due to: (ij Seller's failure (l( refusal to close or Seller other.....ise fails to meet t'"ie terms of the Contract, or (~) Buyer's lender 49 fails to receive and approve an appraisal Of the Property n an amount sufficient to meet the terms of the Loan Apprcval, then the def.X)Sil(S) shall be 50 returned to Buyer. 51* Q (c) Assumption of existing mortgage (see rider for terms); or 52- lJ (d) Purchase money note and mortgage to Seller (see "As Is" Standards Band K and riders; addenda; or special clauses far terms). 53* V. TITLE EVIDENCE: At leas! J.... days (If blank, then 5 days) belore Closing a Irtle insurance commitment wllh legible copes of instnxnents listed as 54 exceptions attached thereto ("TItle Commitmenlj and. after Closing, an owner's policy of tnIe insurance (see Standard A for terms) shall be Obtained by: 55- (CHECK ONLY ONE): Q (1) Seller, at Sallefs expense and delivered 10 Buyer or Buyer's attorney; or 58" [ZJ(2) Buyer at Buyer's expense. 57- (CI-lIiCl< H&Ri): Q It af1 6BGtmet af title Is 113 ea fblrf'1iet:1e8 iAEitea8 sf title iABtlf6A88, BAa atte.ei:' riser fer tSFmB. 58- VI. CLOSING DATE: -This transactia1 shall be dosed and the closing docLments dBivered on * * SEE LINE 119 f'Closing'), unless 59 modmed by other provisions of this Contract, in the event of extreme weather or ottler CO'1di1ions or evonts oonstituting "force ma}elJre~, Cbsing wil be 60 extended a raasmable.tirne unt~: (1) restoration of utilities and otner ser\oic8$ es..o;ential to Closing. and (I~ availabi~ty of Hazard, Wind, Fkxx::I, or Hcxneownefs' 61" Insurance_ If such conditions continue more than _ days (~OOr"1k, then 14 days) ceyond Closing Date, then either pev1y may cancel this Contract. $ 97,400,00 $ _1_,_~0_0~~_ $~,22~~ $.-TI..2.~\L_OL $-12,380,00 $.--2,00 FAR/BAR ASIS.2 f-'Iev 9107 <O200{ Flonda kisoc'aton of Rt:Atro~s" dnd Tile FlorK:Ja Bar All Rights Reserved Page 1 of 5 62 VII, RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller sMI convay mar1<etable title subject to: comprehensive land use plans, zoning, 63 restrictions, prohibitions and other requirements imposed by govemmenlal authority; restrictions and matters appearing on the pial or otherwise 64 common to the subdivision; outstanding oil. gas and mineral rights of record without right of en1ry: unplatted public utility easements of record 65 (located contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 fee1 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 6r addendum); provided. that there exists al Closing noviolatJon of the foregoing and none prevent use of the Property for residential 68* _..._ _~ purpose(s). 69 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein, 'f r'R3F1sr:t,- i8 iAteAel6~ ~ 'Ie be flSF\teel6r eesl:ll=lieell:le}6R8 C166iA~, tRe faGt ana tewre tR8 set aI"1E1 t~e reRanf{&) sr eooblJ:jarte shall!;€! ellssleSBQ pLlr;eblaAt 18 ..^~ I€" gt&F1afi +4 r, If eeel;:.~BR8'j is 1a Be selt.ares eefafe OesiFllEl, I3I::J)'sr eeablFASS all risl:s sf lass t9 PFaI'38A} fraFf1 88f9 at 8SSl:Ll3aflB'/, 61:1811 as fe~SAsilala aAElllaele 72 fer FFlaiFltBF'8l'1se 118'1'\ 1nat elate, 8fla st;;,all ~B elssFReel Ie Rs..e aEl8e~eet f'R3138R~' iF! Ie aldetiFlg 88Ae!itieA as sf time 9f taliifl~ eOOI::l138A8). 73 IX. TYPEWRITTEN OR HANDWRllTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control aU printed pro~ 74 visions of this Cofltract in conflict wth them. 75" X. ASSIGNABIUTY: (CHECK ONLY ONE): Buyer U may assign and thereby be released from any further liabili1y under this Contract; 0 may 76" assign but not be released from liability under this Contract: or QI may not assign this Contract 77 XI, DISCLOSURES: 78 (a) The Property may 08 subject to unpaid special assessment Berr(s, impOSed by a public body ("public body~ does not include a 79 Condominium or Homeowners' Association). Such Iien(s), if any, whether certified, confirmed and 'atiiied, pending, or payable in inffiallments, 80" as of ClOSing, shall be paJd as follows: 0 by Seller at closing m by Buyer (if left blank, then Seller at ClOSing). If the amount ot any 81 assessment 10 be paid by Seller has not been ~nally determined as of Closing, Seller shall be charged at Closing an an'ount equal to the 82 last estimate or assessmert for the improvement by the public body. 83 (b) Radon is a natL;rally occurring radioactive gas that when accumulated in a building in sufficient quan1ities may present r:ealth risks to per~ 84 sons W:-lQ are exposed to it over time, Levels of radon that exceed federal ana state guidelines have been found in buildings in FlOrida. 85 Additional information regarding radon or radon testing may be obtained from your County Public Health un:t 86 (cl Mold Is naturally OCCUrring and may cause health risks or damage to property, If Buyer Is concerned o~ desires actditionallnforrnation 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 Property includes pre-1978 residential housing, thell a lead-based paint rider is mandatory. 90 (0 If Seller is a "foreign person" as defined by the Foreign Investment ir Real Property Tax Act, the parties shaJl comply with that Act. 91 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA- 92 TIONICOMMUNITY DISCLOSURE. 93 (h) PRCPER1Y TAX ClSCLOSURE SUMM/IRY: ElIJYER SHOULD NOT RELY ON THE SELLER'S CLRRENT PROPER1Y TAXES M3 ll-iE AMOUNT 9, OF PROPERlY TAXES 1W\T mE BlNER MAY BE CeUGATED TO PAY IN THE YEAA SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER- 95 SHIP OR PROPERlY IMPROVEMENTS mlGGERS REASSESSMENTS cr THE PROPER1Y mAT COULD RESULT IN HIGHER PROPERlY TAXES, 96 IF YOU H'\VE fW{ QUESTIONS CONCERNING VALUAllCN, CONTACT THE COUNTY PROPERTY flPPRAlSER'S OFFICE FOR INFORMATlCN, 97 XII, MAXIMUM REPAIR COSTS: DELETED 98- XIII. HOME WARRANTY: ~ Soller CI Buyer m N/A will pay for a home warranty plan issued by 99~ at a cost not to exceed $ 100' XIV. INSPECTION PERIOD AN 0 RIGHT TO CANCEL: (a) Buyer shall have ~ days from Effective Date ("Inspection P8l'lod") within 101 which to have such inspections of the Property performed as BfJyer shall des;re and utllltles service shall be made available by the 102 Seller during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such inspetrt/ons and repair of damage 103 to and t'8$toration 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 facsimile or written notice of such (flection to seller prior to the expiration of 'he Inspection PeriOd. If Buysr timely 106 cancels this Contract, the deposit(s) paid shall be immediately returned to Buyer: thereupon, Buyer and Seller shall be released of 107 all further obligations under this Contract, except as provided in this Paragraph XlV. Unless Buyer exercises the right to cancel , 08 granted herein, Buyer accepts the Property In its present physical condition, subject to any violation of governmenta', building, 109 environmental. and safety codes, restrictions or requirements and shall be responsible for any and a'l repairs and improvements 1 . 0 required by Buyer's lender. 111 xv. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders iNhich are applicable AND are attached to and made part of this Contract: 112' Cl CONDOMINIUM Q VNFHA Cl HOMEOWNERS' ASSN, Cl LEAD-B<>SED PAINT D COASTAL CONSTRUCTION CONTROL LINE 113" 0 INSUlATION 0 EVIDENCE OF TITLE (SOUTH FI.ORIOA CONTRACTS) U Other Comprehensive Rider ProviSions U Addenda 114* Special Clause(s): 115* _ ."Suyer will receive $29,220 from the Collier County Neighborhood Stabilization Program. Buyer will use 116~ $19,480(20% of the Purchase Price) Eor Principal Reduction and the remaining balance of $9,740 will be used 117~ [or closing costs, prepaid~~~~~s and any discount points associated with the First Mortgage transaction. 118* 119... The transaction shall be closed on or before 45 days from the effective date. 120. 121* 122" 123" 124- 125* 126 XVI, "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipl of a copy 127 of "AS iS~ Standards A through Z on the reverse side or attached, which are incorporated as part of this CO'1tract. FAA/8AR ASIS-2 Rev. 9/07 02007 Florida Association of REAUCFlb-lt ond The Florida Bar All Rights Reserved Page 2 of 6 128 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT, IF NOT FUI.lY 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 ttlis Contract should be accepted by the parties in a 132 particular transaction. Terms and conditions should be negotiated based upon the respective interests. objecttves and bargaining 1 33 positions of all interested persons. 134 AN ASTERISK(') FOLLOWING AYNE NUMBER IN fHE MARGIN INDICATES THE LINE CONT!\JNS A BLANK TO BE COMPLETED, tj-J.I=IZ? Seller Siqnature Below )'110 ~D JE) (SELLER) 137" A ' ?l ' _15--/V Seller Siqnature Below 138 (8 ) Yondel arcia. (DATE) (SELLER) (DATE) 1391" Bu ' address f r purpo~es of notice 4020 Coconut Circle N., Salm' address for purposes of no1ice cJo CC RPM ,BLDG. W 140" Naples, Florida 34116 3301 E. Tamiami Trail. Naoles. Florida 34112 ~41" 239-438-2908 Phone (239) 252-8991 Phone 112 BROIf\E:RlS. The I3Fehers [iFletl:laiA€j 8e8!3sFatiFlg 13r:eltsrs, if aR,) P8I'f1f.R Bele.. EllS tRB 8RI) sreltsre sAtill8B te 6SlY1138F1eetieFl in eeRFle~eA 'rill:! 1 ~ ~ tRia CeAtFaGt: 144" f4b111'tol. .... (DATE) Cee"SRltiRu Bl'9heF6, if any listil'll BI'il6Jter DATE PROPERTY SALES APPROVED BY BCC: DECEMBER I, 2009 - ITEM 17B DATED: 4;/1/1<5) 20/0 SELLER ,. ., cBR:~~ , .' Ath~t' .' n.p~k1Wt-. ,f" .-, r :~ ;.:,:llgfillture ....H . ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: F~t:~L':!C~A~ Approved as to form and legal sufficiency: ~ B--V h.v<.v JENNIFER B, WHITE, Assistant County Attorney PROPERTY ADDRESS: 5360 19TH PLACE SW, NAPLES, FL 34116 I"ARlBAR ASlS2 Rev. 9107 C 2007 Florida Association of REl>LroFlS" and The F'lorida Bar All Rights Reserved Page 3 of 5 146 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS 147 A. TITLE I NSURANCE: The Title Commitment shall be issued by a Rorlda Ilcensed title insurer agreeing to Issue Buyer. upon recording of the deed to Buyer, 148 an olNfler's policy of title insurance in the amount of the purchase price, insuring Buyer's marketable title to the Real Property, subjcc1 onty to matters contained 149 in Paragraph VII and those 10 be discharged by Seller at or before Closing. Marketable title shall be determined (IfX:ordlng 10 applicable Title StBfldards adopt- 150 ed by authority of The Florida Bar and lr accordance Wltl'1 Jaw. Buyer shell have 5 dayS from date of receiving the Title Commitment to examine it, and if title is 151 found defective, notify Seller in writing specifying defec~s) which render title unmarketable. Seller shall have 30 days from receipt of notice to remove the 1 tl2 defects, failing wllich Buyer shoJI, v.Mhin 5 days after expiration of the 30 day period, deliver written notice to SeDer e~her: (1) extending the time for a reason- 153 able period not to exceed 120 days wtthin which Seller shall use dirlger.t effcrt to rerrcve the defects; or (2) requp.sting a refurd of deposit(s) paid whlcn shall 154 be retumed to Buyer. If Buyer fails to so notify Seller, Buyor shall 00 deerned to ~ ave accep1ed the tlt~ as 11 then :s. Seller shall, ff litle is found unrnarket~e, '55 use dillgen1 effort to correct defect(S) withIn the time orovided. If. after dillQent effort. SElIIer is unablo to timely correct the defects, Buyer shall either wQi\'e the 156 defects, Of receive a refund of depos:t{s), 1hereby releasing Buyer and Seller from all further obligations under 1his Contract, If Seller is to provide 1he Title 157 Commitment and it is delivered to Buyer leSs than 5 days prior to Closing. Buyer may extend Closing so lhat Buyer shall have 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 fXjrchase mooey mcrlgagc and mortgage r.ote to Seller s/'1~1 provide for a 160 30 day grace period In the event of default: if a first mortgage and a 15 day grace period If a second or lesser mortgage; shall pro\'ide for right of prepayment 161 in whole or in part \'Vilhout penalty; shall permit acceleration in 8\Isrt of transfer of the Real Property; shall require all prlor Ilens and enoumbrances to be kept 162 in good standing; shaJl forbid modiftcations ot, or future advances under, prior mortgage(s); shall require Buyer to maintaill polides of insurance containing a 163 standard mortgagee clause covering all lmpro\'sments located 0f'1 the Real Property against fire and all perils Included within the term "extended coverage 164 endor8sments~ and such other risks and perils as Seller may reasonabty require, in an amount equal to their higrest insuraOle value; and the mortgage, note 165 and securtty agreemont shall be otherwise in form and content required by Seller, toUt SelJar may only require clausos and coverage customanly found in mort- , 66 gages, mortgage notes ard security agreements generally utilized OY savings and ban Insti1utions or state or national banks located in the county wherein the 167 Real property is located. All Personai Property EII'1slefl.ses l3e RfJ ear 6iea er afiS'@F1ea will, at Seller's option, be subject to the lien of a security agreement e\'i- 168 danced by racorded or liIAd financing statements or certificates of title. If a eall68R ff1ert!Ja~s. ttele fiflal ~a,If'i3Rt I 8HUClSJ the ~Reelll;1 ~ayH'18Ahi tRel'eSA, 169 C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, mAy hu\'c the Reel Property surveyed and certi- 1/0 fied by a registered Florida surveyor, ~ the sutYey discloses encroachments on the Real Property or that improvements kx:ated 1I1ereon encroach on setback 171 lines. easements, lands of others or violate any restrictior,s, Contract covtlnants or applicable gowrrlmental regulations, the same shaJt constitute a title defect, 172 D, WOOD DESTROYING ORGANISMS: DELETED 173 e, INGRESS AND EGRESS: Seller warrants afld repfeSenlS thallhere Is Ingress and egress to the Real Property sufficient for its intended use as described 174 In Paragraph VII hereof and title to the Real prooorty IS Insu-able ir accordance with '1\8 IS" Standard ^ 'o'.'ilhout exception for lack of legal right ot aGCB$S. ~ r; l~&Lt, teller 81:1511 ot 166&1 18 BazEl eefel'El C18sIAij, f.:lrAlet-l te g~,er 6e13ie6 sf all riUe", IOBliSS BAil eet'SI"PBllettBAl frQ~ 'Joe" 'Br.1am ijillesit/il1g t~9 RBtlJ1:e +;i. QI'19 efura4laA 81 IRB tBf1BFlt'a esst:.ll381 6), rSRtal rlilas, liKI ansae reAt t;.rlB S!:lBblrit:, 88,l3'9,its 13ailif 8, tanaAt If aellsr /s i.U:'liil9Iij19 gbt~IA sl"Ist-llat'er frG~ aasi:J tlilR +++ aRt, ti'1e 88ll'lB IFflerR'latiap aMlIl3e UA.fi:t:I8a ~ ~el!Qr 19 BI:l, sr tt:!i~ trat ti~8 l3erl9s 11=111:19 'SPlI'f'1 9f 9. ~81'8r," ef!jQl;1'1t, ar-1d ii' ~/gr ~8'z tt.:ler'CtGt:l9' <;iQRt~ t9r:1 ~ aRt t8 88 fiFW Si:lQR .F1tel'R'1~ie't If H1918 rq:JS af iRBIY811ttO ai#er fflat13fiali) WB~ \;:fJ1tor'8 ml"I:{JQ'9AteMiSA8, ~WYEr pqg~' '8-:r:llrlm~ tt-lIG ('er:1trast9~ -tri' 9,,1~:!I '1'iiter ~ Aallae '9 b?el'sr alleQ6t € Eta," f,l'flert<l '~Il?GIr-8 aSI9'" s,all, at ':lesiAg, G1eU"9( ar-Ifol alOcigR all Sril!J'AaIISOltiO!:i till ~~r 180 G, LIENS: Seller shall furnish to Buyer at time of Closing an affidav,t altesting to the absence, unless otherwise provided lor her&'n, of any fin!lncing statement, 181 claims of lien or potentiaJ li8flOfS known to Seller and fur1her attesting that there have been no Improvements or repairs to the Real Property for 90 days Imme- 182 dlately precadng date of CloSing. If the Real Property has been improved Of repaired within that 11me, Seller snail deliver releases or waivers of construction 183 liens execu1ed by all general contractors, subcontractors, suppliers and materialmen In additkm to Seller's llen affidavit setting forth the narres of all such gen. 184 Bral conlraclors, subcontractors, suppliers and materialmen, further affirming that aJl charges for Improvements or repairs which could serve as a basis for a '85 construction lien or a claim for damages ha\'e been Paid or will be paid at the ClosIng of this Contract. 186 H. PLACE OF CLOSING: Dosing shall be held in the county whorein the Real Property is located at the office of thoattomey or other closing agent iClosing t 87 Agentj designated by the party paying for tftle insurance, or, ff no title insurance, designated by SoLar, . 188 I. TIME: Calendar days shall be used In computing time periods except periOds of less than SIX {Bl days, in Wiich event Saturdays. Sundays aOO state or natlon- 189 ai legal holkJays shall be exclKled. Arty lime periods provided for herein which shall erd on a Saturday, SLrlday, or a legal holiday shall extend to 5:00 p.m. of the 190 nexl buslness day. TIme Is of tile essence in this Contract. * St_atutorv deed bill of !;alE! 191 J. CLOSING DOCUMENTS: Seller shall furnISh 1t1e SaM, Bill sf sale, neflifieate sf tile, construction lien aftldavll, ownr;r's possessiOn affidavit, aS9i6AFFlBPt6 ~ lillilll 192 ea, Is I6AI SlI a R'18A;ElalJ8S as'ls~~B' 1~8Rii end correctNe instruments. Buyor shal furnish mortgage, mortgage note, security agreemenl and fnancing slalements. 193 K, EXPENSES: Documentary stamps on the deed and reccrding of corrective Instruments shall be paid by ~ All costs of Buyers loan (whether obtained~V<!I" 194 from Seller or third party), including, but not limiteo to. documentary stamos and intangible tax on the purchase money mortgage aoo any mortgage assumed, 195 mortgagee title Insurance COl1lmitr-terrt with related fees. and recording of purchase money mortgage, deed and financing statements snail be paid by Buyer. 196 Unless otherwise provided by law er Fiaer t'6 1/:'119 CQ~trast. charges tor related closing servk:es. li11e search, and closing fees ~ndudl~ preparation of closfng 197 statement), srall be paid by the party responsible for furnishing the title fNldence in accordance with Paragraph V. 196 L PRORATIONS: CREDITS: Taxes. assessments, mnt, Interest, insurance and other expenses of the Property shall be prorated through the day before Ooslng. 199 Buyer shel have the option at taking over e.xJs1hg policies of Insurance, if assumable. in which event premllms shall be prorated. Cash at Closing shall be 200 increased or decreased as may be requtred by prorations to be made lhrOl.Jgh day prior to Closing, or occupancy, if occupancy OCCurs before Closing. Advance 201 rent and security dePOSitS will be credited to Buyer. Escrow deposIts held by mortgagee will be credted to Seller. Taxes shaD be prorated based on the current 202 year's tax with duo allowance made for maximum allowable discount, homestead and 01her exefYl>tions. If Closing occurs a1 a date when the current years mill- 203 age Is 001 fIXed and CUl"ffl(1t year's assessmEl"rt is available, taxes will be prcrated based upon such assessment and prior year's millage. If current years 8.8Sess- 204 ment is not available, then taxes will be prorated cn p10r year's tax. If there are completed impro\'errlents on Ihe Real :lroperty by January 1st of year of Gbsing, 205 which improvements were not n existence on January 1 at of pnor year, then taxes sIlall be prorated based upon prior year's m~lage and at an BCluitable assess- 206 men\ 10 be agreed upon between the parties; fa~ing whicrl, request shall 00 rna.de to the County Property Appraiser for an informal assessment taking into 207 acccunt available exemptions. A tax proratlon basad on an estimate shall, at request of either party, be read~Jsted upon receipt of current year's tax btll, 208 M. (ReSERVED - purposely Ie" blank) 209 N. INSPECTION AND REPAIR: DELETED 210 O. RISK OF LOSS: If, after the Effective Date. the Property!s damaged by fire or other casualty ("Casuatty Loss") before ClosIng and cost of restoralion (which 2t t s'lall Include the cost of pruning or removing damaged trees) does nol oxceed 1.5% 01 the Purchase Price, cost of restorafion shall be an obligation of Seller and 212 Closing shall proceed pursuant to the terms of this Cor1tract, and if restoration is not complc:lod as of Clo!3lng, restoration costs will be escrowed at Dosing. If 213 the cost of restoration exceeds 1.5% of the Purchase PrICe, Buyer I)hall either 1aka the Property as~, together wilh the 1.5% or receive a refuna of depoSit(sl 214 thereby releasing SuYa'" and Seier from an further Obligations under this Contract. Seller's sole obligation with respect to tree damage by casually 01 other natu- 215 ral occurrence shall be 'he cost of pruning Q( removal. 216 P. CLOSING PROCEDURE: The deed shall be recorded l.;pon clearance 01 funds. If the title agent lrlsur6S ad\'erse matters pursuant to Section 627.7841, 217 FS.. as amended, the escrow and closing procedure required by this "AS ISn Standard st1all be waNed. Unless waived as set forth above the following FARI8AR ASIS-2 Re\'. 9/07 C 2007 Florida Associa1ion of REALT~ and The Flonds Bar All Rights Reserved Page 4 of 5 218 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 219 closing procedures 8MIl apply: (1) all clOSing proceeds shall be held in escrow by the Closing Age:1t for a period of not mClf'"6 than 5 days utter Closing; (2) 220 if Seller's Hie IS rerdered unmarketable, through no fault of Buyer Buyer shaH, within the 5 day period. notIfy Seller in writing oftha defect and Seller shall 221 Ilave 30 days from date of receipt of such notification to cure the detect; (3) If Seller fails 10 timely CJre the defect, all deposits and closing fundS shall, upon 222 wrrtten demand by Buyer and within 5 days after demand. be returned to Buyer and, simultaneously witn 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. Bu~r shall take title as is, waiving all righrs against Seller as to any intervening defect except as may 'ce available 10 Buyer by virtue of war- 225 ranUes contained In the deed or bill of sale, 226 Q. ESCROW: MIj Closing Agent or escrow agent (collectivetJ' "Agent") receiving funds or equivalent is authorized and agrees tJy acceptance of thom to deposit 227 them promptly, hold S3ffi8 in escrow and, Subject to clearance, disoorse 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 Agert's duties or liabilities under the provisions of this Contract, Agent may, at Agent's option. cor,. 229 tinue to hold the subject matter of tile 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 sa,-,e with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents 231 a PEllrty and also acts as Agent may represerlt such party In such action. Upon notif)'lng a:1 parties concerned Of such octiOl1, all liability on the part of Agent 232 shall fully terminate, except to the extent af accounting fo- Wly items previously delivered out of e&crow. If a licensed real estate broker, Agent IM11 oomply with 233 prOvisions of Chapter 475, F.S., as amended. Any suit botween Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in 234 any suit wherein Agent interpleads the subJect matter of the escrow, Agent shall recover reasonable attorney's fees end costs incurred WTth these amounts to 235 be paid from and out of the escrowed funds Of equ,valent i:lnd <..:harged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable 236 to any party cr person for misdel;..;ery to Buyer or Selie( of iloms f'l.JbjeC1 In the escrow, unless such misderl\.l9ry is due to wlllflJl breach of the provisions of thL,> 237 Contract Of gross negligence of Agent. 238 R. ATTORNEY'S FEES; COSTS: In any litlgation, IncllJdl~ breach, enforcement or in1erprEltation, arising oul of this Contract, the preYailing party In such liti- 239 gation, which, for PUflX)SeS at this ~AS IS" Standard, shall inciude Seller, Buyer and any brokers acting In agency or nonagency relationships authorized by 240 Chapt9f 475, FS., as amended. shall be entitled to recover from the non-provailing party reasonable attorney's tees. costs and expenses. 241 $, FAIL.URE OF PERFORMANCE: If Buyer falls 10 periorm this Contract Within the lime spec:ffled, indudlng payrne'1t of all deposits, the deposit{S) paid t:tj 242 Buyer and deposit(s) agreed to be paid, may be recovarod and retained JY and for the account of Seiler as agreed upon l-quidated damages, coosideratlon for 243 the execution of thiS Contract and in full settlemont of any claims; whereJpoo, Buyer and Seller shall be relieved of all obligations under this Contract; or Seller, 244 at Seller's oplion, may proceed in equity 10 enforce Seller's rights under 1his Contract If fOf any reason other Ihan failure of Seller to make Seller's titlC mar. 245 ketable after diligent effort, Seller fails, neglects or refuses to pertor'll this Contract, Buyer may seek specific performance or elect to receive the return of Buyer's 246 deposit(s) without theraby '.vaiving any action b damages reSUlting from Seller's breach 247 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: COPIES: Neither thos Contract nor any notice of It shall be recorded In any publIc records, 248 This Col1tract sl1all bind and Inure 10 the benem of Ihe parties and thei' successors in Intemst. W'Ilenever the context permlls. singular shall include plural and 249 one gender sl1aJllnclude aJL Notice and delivery given by or to the attorney or broker representing any party shall be as effective as if given by or to that party. 250 All notices must be in writing and may be made by mail, personal deli'w3ry or electronic media. A legible facsimile or electronic ~nduding 'pdf') copy of this 251 Contract and any signa1ures hereon shall be considered fOl' all purposes as an original. 252 U. CONVEYANCE: Seller shall convey marketable lit~ to the Real Property by stalutOl'Y arr8Pt,lI tfldatee'B. "sreaMI rS"Fe6BR1ali 8'6, sr g~areliBR'B ce€d. as 253 approp-iate to lhe status of Seller, subject only to matters oontamed in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at 'he 25t\ request of Buyer, be transfem;d by an <.tboolute bil of sale with warranty of title. subject only 10 such maners 88 may JC otherwise provided for herein. 255 V. OTHER AGREEMENTS: t\Io prior or present agreements or representations shall be binding iJpon Buyer cr Seller unless Included in this Contract. No mod. 256 iflcatlQl"l 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 boUM by It. 257 w. SELLER DISCLOSURE: (1) There are no facts known to Seller matel"'.alry affecting the value of t18 Property which are not readi~ observable by Buyer or 258 which have not beell disclosed to Buyer: (2) Seller extends and Intends no warranty snd makes no representation of any type. either express or Implied, 259 as to the physical condition or histoty of the Property; (3) Seller has rsce/WiId no written or verbal notice from any governmental entitY or agency as 260 to 8 currently unco/TfJCted building, environmental or safety code viOlation; (4) Seller has no knowledge of any repairs or Improvements mads to the 261 Property without compfjance with govsmmentaJ regulation whIch have not been alsc/osed to Bu)'9T. 262 X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seiler shall maintain the Property, including, 26..1 bUI notllnlted to lawn, shrubbery, end pool in the conditiOn existing as of Effective Date. ordinary wear and tear and Casualty Loss excepted. Seller shall, upon 264 reasonable notice, provide LJt~i1ies service and access to the Property for appraisal and inspections, including a walk-1hrough prier to Closing, to confirm that 265 a~ items of Personal Property are on the Rew Property and that the Property has boon maintained as requIred by this 'AS IS" Standard. S6iler will assign al 266 a..s:signable repafr and treatment contracts and warranties to Buyer at Closing. ~ '( 10311iXCMu1GIi' Ifat"'Gr iellar9r B.d',sr "1St:! t9 8F<1t'ilr ii=lte tal'l Q IL~.g 9Hal:18F!f8 (e'~8r 8ilfl~118Aseble . itl:l C:'SGR'i) sr 8efer~e) "ltt::J f96!3Set ta IR6 PI'6~el't) ~ I;IP89r €as(ieR 1'2']' af ttc'Ja lRteFFla/ ~9' SAble Cage ('~sl:laFI68'1. tR6 stRar fC181'tj GRaY 6EEl13eFateA all ri3aeeAaI3 8 8s~eat, ts effeEAbl€lte ttle 0 e"'afI~s, il"611;;18 ~ "'8 tFTe 9 eg' t 8~ TI' aee fPBr::R8; wa isea (1) tAB EleBfall~jl'1fJ ~aFtI 8R811 iF18l:Jr AS I'aeilitj a S:r)3:; BB fBI&t88te tRs ~118t;HU"l~8 Ma (2) tl:le else'REI BRait net I3a ~ ss~iR!leI'11l:01l'l\ilFl, oar elEteRees ar ee!9)es: en sl;la!q ~(8AaR;!te. 271 z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against SeJJer and, to the extent permiHed by law, asa'.'fst Bffl ."'68/ 88tMB .':88MB8 ;Jn~!~86 272 in the negotiation of the Contract. for any defects or other damage that may exist at C/osJng of ths Contract and be subsequently discovered by the 273 Buyer or anyone claiming by. through, under or against the Buyer. FAR/BAR A$1$-2 Rev. 9/07 e 200/ Florida Association Of REALTORS~ and The Florida Bar AI Rights Reserved Page 5 of 5 ...* TNSTR 4~83141 OR 4612 pc; 2760 R,fCORDU) 10/7/20107:01 PM PAGES 1 DWIGHT E. BROCK, COLl,IER COUNTY CLERK OF Till CIRCUIT COURT DOC@.70 $681.80 REC $10.00 CONS $97,400.00 NEIGHBORHOOD STABILIZATION PROGRAM Property Address; 5360 19rH Place SW, Naples, FL 34116 Folio Number: 36237800005 'Cv",~(vh,,- -'<1 q 7, 4= LP I).,'X/I S\!)/r,pS - 't (p % I. W STATUTORY DEED r&. ~ '" -" ><= uUJ ~M ~>-o ~ .g:; N~~ 2~-~~ c:<"lr- '" .a6>~~ "''''''0> ro o::t::!.<')z THIS DEED, made this 15!1.day of AjJ.e-lL- , 2010, by COLLIER COUNTY, a Political SUbdIvision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter called the Grantor, to ROLANDO CARRILLO, a single man, and YONDEL GARCIA, a single woman, as Joint Tenants with Right of Survivorship, whose mailing address is 4020 Coconut Circle North, Naples, Florida 34116, hereinafter called the Grantee. (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors or assigns.) WITNESSETH thai the Grantor, for and in consideration of the sum of Ten Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, does hereby grant, bargain and sell unto the Grantee, the following descnbed land lying and being in Colllec.Counl\'~Florida- /<,\ \"R _C '0 rJ', , /('~/1Owll.-- 'y?-' Lot 9, in Block 164 of Gold ~ Unit No, 5, a~;i,~ the Plat thereof recorded In Plat Book 5, Page 11 "y6'W,Irt2a, Inclu."J e, Of~ bfrc Records of Colfrer ~!Rt 1 th ~8})f~~ , 10 I~ 34116 Subject to ea ~, nts, restrictio~~e ns of record ..p ~.o , I..- IN WITNESS WHERE ~ ll,S- aused these presents to be executed by its Board of County oI1ipJI~I\'.n~~'t. through its Chairman, the day and year aforesaid. ------ ---- This Conveyance Approved by BCC: December 1, 2009 - Item 17B ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS , '\',~U/D f^ COLLIER COUNTY, FLORIDA ::{~""~-:";t PO~~BY: MW, ~ .". ','" 1...'O.,i.t;.U> CM,I"""",,,, Clerk Fred W. Coyle, Chairman , : \,j~..tilff_:-onl,l (c,'" '.'.'...",:.,i~.J.. -,Iii/ r"t:.s.." (OFFiciAL SEAL) Approved as to form And legal sufficiency: ~~" )~~ Jennif . While, Assistant County Attorney ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL OlUGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original dOClImr.:nL Original ducuments should be hand delivered tu the 130al-<I Oilier: rhe completed muting slip <.lnd original docull1cnL~ an~ 10 be forwarded to the Board Office only afll'r the Huard has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, d,I[CS, and/or information needed. If the document is already complete with the exception of the Chaimlan's signature, draw a line thrall h rouling lines Ii] through #4, complete the checklist, and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date {I_i-st in ((Julin order) {Th~ primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive sUlFmary. Primary contact information is needed in the event one of the addressees ahove, including Sue Filson, need to contact staff for additional or missing information, All original documents needing (he ncc Chairman's signature arc to be delivered to the [3CC office only after the [3Ce has aeted to approve the item,) Name of Primary Statf Contact Agenda Date Item was Approved b the BCC Type 0 f Document Attached 1. 2, ---- 3, 4, 5, Ian Mitchell, BCC Office Supervisor (" Minutes and Records Board of County Commissioners Clerk of Court's Office PRIMARY CONTACT INFORMATION G~ IL~ /:J.// /200<'. Phone Number Agenda lIem Number I (!O p 112/H- T -:;;; Number of Original Documents Attached k' I, INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a pro riate. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Atlorney, This includes signature pages from ordinances, resolutions, etc. signed by the County Attomey's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except Ihe BCC Chairman and Clerk to the Board and ossibl State Officials,) All handwritlen strike-through and revisions have been initialed by the County Attorney's Office and all other parties exce I the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or the final negotiated contract date whichever is ap licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within 3 certain time frame or the BCC's actions are nullified. Be 3v..:arc of your deadlines! The dllcument was approved by the Bee onl<-II /["1 ~(enter date) and all changes made during the meeting have been incorporated in tti'e attached document. The Count Attorney's Office has reviewed the changes, if apE.licable. " 3, 4, 5, 6. - Yes (Initiai) N/A(Not A plieable) ~/ ~r forms! County Forms! flCe Forms/ Original Documents Routing Slip WWS Original 903.04, Revised 1.26.05, Revised 2,2405, Revised 9.1809