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
I I . II '
1" PARTIES: COLLIER COUNTY,.a political S1.Jl;>oivision of the State of Florida ("Seller"),
2" and GUILLERMO MARTINEZ, a single man ("Buyer"),
3 hereby agree that Seller shall sell 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 Collier . County, Florida: LO~ 7, in Block 157,
7"Golden Gate, Unit 5, recorded in Plat Book 5, Pages 117 through 123, Coll~er County, Flor~da
8" (b) Street address, city, zip, of the Property: 5501 17th Avenue SW, Naples, Florida 34116
9 (c) Personal Property includes existing range(s), refrigerator{s), dishwasher{s), ceiling fan(s), light fixture{s), and window treatment(s) unless
10 specifically excluded below.
11" Other items included are: Central AIC, Four (4) Ceiling fans, Garage Door opener.
12*
13w Items of Personal Property (and leased items, if any) excluded are: REFRIGERATOR, RANGE, DISHWASHER.
14W
15w II. PURCHASE PRICE (U.S. currency):. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . $ 97,000.00
16 PAYMENT:
1 r (a) Deposit held in escrow by STEWART TJJ1!;.._.,_("ESCrow Agent") in the amount of (checks subject to clearance) $ 1, 000 . 00
18' Escrow Agent's address: 3936 Tamlamo Trail North. Suits A. Naplos,flonda 341~._ _ __... Phone: 239-262-2163
19" (b) Additional escrow deposit to be made to Escrow Agent within 15 days after Effective Date In the amount of. . . . . . . . . .
20" (c) Financing in the amount of ("Loan Amount") see Paragraph IV below . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21* (d) Other ~:":9~,E; . J:..I.~1'.$ . +.1.~ . :rfP~9.l!C;;fI. . P.~ .. . . . . . .. . .. .. . . . .. .. . . . . .. . ..... .. .
22 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank Check(S), ~~bi~~t' .. . . . . . . . ~. , .
23* to adjustments or prorations. . .. . . . . .. . . .. .. . .. . . .. .. .. . . . . . . . . . . . . . . .. . . . .. .. . . . . .. .. .. . . , . . . . . . . . . , . . .. . . . $
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
26w before 15 Days , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. URles& 9t~er
a+ wise stateEl. the tiMe fer aSGeptaRGe Elf aRY 66wAwrefteF8 8~all be 2 Elays fFeM t~e Elate t~e 6ElWRtereJfer 1& Eleli'/ereEl.
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 set fOrth in this Contract. then the "Effective Date" shall be the date determined above for
30 acceptance of this offer or, if ~1llisagle, tns final S9\lAtsfeJfer.
31 IV. FINANCING:
32" 0 (a) This is a cash transaction with no contingencies for financing;
33" :Q!i (b) This Contract is contingent on Buyer obtaining written loan commitment which confirms undelwriting loan approval for a loan to purchase
34" the Property ('Loan Approval" within _ days (If blank, then 30 days) after Effective Date ("Loan Approval Date") for (CHECK ONLY
35" ONE): !i a fixed; 0 an adjustable; or 0 a fixed or adjustable rate loan, in the Loan Amount (See Paragraph 1I.(c)) at an initial interest rate not to
36" exceed 6 . 00 %, and for a term of ~ years. Buyer will make application within _ days (if blank, then 5 days) after Effective Date.
37 BUYER: Buyer shall use reasonable diligence to: obtain Loan Approval; notify Seller in writing of receipt of Loan Approval by Loan Approval
38 Date: satisfy terms of the Loan Approval: and close the loan. Loan Approval which requires a condition related to the sale of other property shall
39 not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan expenses. Buyer authorizes the mortgage broker(s) and
40 Iender(s) to disclose information regarding the conditions, status. and progress of loan application and Loan Approval to SeUer, Seller's attomey,
41 real estate licensee(s), and Qosing Agent.
42 SELLER: If Buyer does not deliver to Seller written notice of Loan Approval by Loan Approval Date, Seller may thereafter cancel this Contract by
43 deHvering written notice ("Seller's Cancellation Notice") to Buyer, but not later than seven (7) days prior to Closing. Seller's Cancellation Notice shall
44 notify Buyer that Buyer has three (3) days to deliver to SeUer written notice waiving this Financing contingency, or the Contract shall be cancelled.
45 DEPOSIT{S)(for purposes of this Financing Paragraph IV(b) only): If Buyer has used reasonable diligence but does not obtain Loan Approval
46 by Loan Approval Date, and thereafter either party elects to cancel this Contract, the deposit(s) shall be returned to Buyer, If Buyer obtains Loan
47 Approval or waives this Financing contingency, and thereafter the Contract does not close, then the deposit(s) shall be paid to Seller; provided how-
48 ever, if the failure to close is due to: (i) Seller's failure or refusal to close or Seller otherwise fails to meet the terms of the Contract, or (i1) Buyer's lender
49 falls to receive and approve an appraisal of the Property in an amount sufficient to meet the terms of the Loan Approval, then the deposit(s) shall be
50 returned to Buyer.
51" 0 (c) Assumption of existing mortgage (see rider for terms); or
52" 0 (d) Purchase money note and mortgage to Seller (see "As Is" Standards Band K and riders; addenda; or special clauses for terms).
53" V. TITLE EVIDENCE: At least -L days (If blank, than 5 days) before Closing a title insurance commitment with legible copies of instruments listed as
54 exceptions attached thereto (''Title Commitment") and, after Closing, an owner's policy of title Insurance (see Standard A for terms) shall be obtained by:
55" (CHECK ONLY ONE): a (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attomey; or
56" Di (2) Buyer at Buyer's expense.
57* (CHiCK HiRi): I;) If an aI:letrast at title is t9 139 ft;rAiet.1s8 inetesa af title iASl:Jl'8AeO, aAa sUasA Fiear fer leFFRs,
58w VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on **SEE LINE 119 ("aosing", unless
59 modified by other provisions of this Contract. In the event of extreme weather or other conditions or events constituting "force majeure", Closing will be
60 extended a reasonable time until: (i) restoration of utilities and other services essential to Oosing, and Qi) availabiity of Hazard, Wind, Flood, or Homeowners'
61" insurance. If such conditions continue more than _ days (if blank, then 14 days) beyond Closing Date, then either party may cancel this Contract.
FAR/BAR ASIS-2 Rev. 9/07 C 2007 Florida Association of RI:ALIQRt,'" and The Florida Bar AH Rights Reserved Page 1 of 5
$ 1,910.00
$----:r.r,'690.00
$ 19,400.00
0.00
62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seiter shall convey marketable title subject to: comprehensive land use plans, zoning,
63 restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise
64 common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; unplatted public utility easements of record
65 (located contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side
66 lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any Qf.additio~a1 items, see
. 67" addendum); provided, that there exists at Closing noviolation of the foregoing and none prevent use of the Property for res~dentJ.al
68" purpose{s).
69 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If PFef3sFty ie iAteAaea
Te te ee reRtea er eeSl-:Il9ieE!l3eyeFlE! ClesiA!i), tAe faEit anE! tefffl8 tReFesf anel tRe teAant(Gl er eael:lf3ant8 81=181113e elleEileeeel f3b1F6l-:1ant Ie "Na. IS" gtaAelaffi
1'l F. If oeeupsA8)' is Ie Be elelr/alee 13efele Cloeing, Buyor assumee all Asl{s ef lese Ie Pref3e~ fFem elate sf oeel::lpaney, ehalll3e le8l9aAsIBle aAelliaele
~ fer meiAteFiaFlee fFeA'l tAat elate, MEt SRalll3e eleeA'leel te have aeeef'lteel ~f3er:t>J iA ~s alastiR!!! eeAelition as of time sf taking eSG\:If3aFlsy.
73 IX. TYPEWRITTEN OR HANDWRITIEN PROVISIONS; Typewritten or handwritten provisions, riders and addenda shall control all printed pro-
74 visions of this Contract 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; CJ may
76" assign but not be released from liability under this Contract: or ~ may not assign this Contract.
77 XI. DISCLOSURES:
78 (a) The Property may be subject to unpaid special assessment lIen(s) imposed by a public body ("public body" does not Include a
79 Condominium or Homeowners' Association). SUch Iien(s), if any, whether certified, confirmed and ratified, pending, or payable in installments,
80" as of Closing, shall be paid as foliows: CJ by Seller at closing IllI by Buyer (if left blank, then seller at Closing). If the amount of any
81 assessment to be paid by Seller has not been finally determined as of Closing, Seller shall be charged at Closing an amount equal to the
82 last estimate or assessment for the improvement by the public body.
83 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building In sufficient quantities may present health risks to per-
84 sons who are exposed to it over time. levels of radon that exceed federal and state guidelines have been found in buildings In Florida.
85 Additional information regarding radon or radon testing may be obtained from your County Public Health unit.
86 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information
87 regarding mold, Buyer should contact an appropriate professional.
88 (d) Buyer acknowledges receipt of the Aorida Energy-Efficiency Rating Information Brochure required by Section 553,996, F.S.
89 (e) If the Real Property includes pra-1978 residential housing, then a lead-based paint rider Is mandatory.
90 {f} If Seller is a ''forelgn person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act.
91 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA-
92 TION/COMMUNITY DISCLOSURE.
93 (h) PROPERlY TAX DISClOSURE SUMrv\ARY: BlJYER SHOULD NOT Ray ON THE SELLER'S aJRRENT PROPERTY TAXES AS THE AMOUNT
94 OF PROPERTY TAXES THAT THE BUYER MAY BE OBLICATED TO PAY IN THE YEAR SUBSEQUENT TO PURCH.ASE. A CHANGE OF OWNER-
95 SHIP OR PROPERlY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES.
96 IF YOU HAVE />NY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION.
97 XII. MAXIMUM REPAIR COSTS: DELETED
98" XIII. HOME WARRANTY: CJ Seller a Buyer ~ NIA will pay for a home warranty plan issued by
99" at a cost not to exceed $ .
100" XIV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have ---2- days from Effective Date ("Inspection Period") within
101 which to have such inspections of the Property performed as Buyer shall desire and utilities service shall be made available by the
102 Sefler during the Inspection Period; (b) Buyer shall be responsIble for prompt payment for such inspections and repeir of damage
103 to and restoration of the Property resulting from such inspections and this provision (b) shall survive termination of this Contract;
104 and (c) if Buyer determin9S, 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 Seifer prior to the expiration of 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
107 all further obligatIons under this Contract, except as provided in this Paragraph XIlI. Unless Buyer exercises the right to cancel
108 granted herein. Buyer accepts the Property in its present physical condition, subject to any violation of governmental, building,
109 environmental, and safety codes, restrictions or requirements and shali be responsible for any and all repairs and improvements
110 required by Buyer's lender.
111 >W. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract:
112* CJ CONDOMINIUM CJ VNFHA CJ HOMEOWNERS' ASSN. CJ LEAD-BASED PAINT CJ COASTAL CONSTRUCTION CONTROL LINE
113* CJ INSULATION 0 EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) CJ Other Comprehensive Rider Provisions CJ Addenda
114" Special Clause(s):
115" **BUYER WILL RECEIVE $29,100 FROM THE COLLIER COUNTY NEIGHBORHOOD STABILIZATION PROGRAM. BUYER WILL USE
116" $19,400 (20% OF THE PURCHASE PRICE) FOR PRINCIPAL REDUCTION AND THE REMAINING BALANCE OF $9,700 WILL BE USED
117W FOR CLOSING COSTS, PREPAID ITEMS AND ANY DISCOUNT POINTS ASSOCIATED WITH THE FIRST MORTGAGE TRANSACTION.
118"
119w **THE TRANSACTION SHALL BE CLOSED ON OR BEFORE 90 DAYS FROM EFFECTIVE DATE.
120"
12'"
122"
123w
124.
125w
126 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt of a copy
127 of "AS IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract.
FAR/BAR ASIS-2 Rev. 9/07 e 2007 Florida Association of REALTORs" and The Florida Bar All Rights Reserved 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 THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR.
131 Approval doeS not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties In a
132 particular transaction. Terms and conditions should be negotiated based upon the respective Interests, objectives and bargaining
133 positions of all Interested persons.
134 (") FOLLOWING A UNE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPlETED.
135" 1:. j ~ ~~O Seller Signature Below
136 ~. (SELLER) (DATE)
137" Seller SiqnattJre Below
138 ER) N A (DATE) (SELLER) (DATE)
139" Buyers' address for purposes of notice 5284 17TH PL SW, Sellers' address for purposes of notice c/o CC RPM ,Building W,
140. NAPLES, FLORIDA 34116 3301 E. TamiamiTrail. Naoles. Florida 34112
141" 239-707-9448 (CELL) Phone (239)252-8991 Phone
142 BOOI{ERS: TA6 erel(el'B (lflBIl:JBiA(j BBSfleFaliR!il erel(6F5, if aRYl A8fA6a Belew 81 e tAB SAI'; Brel(61'6 eAtitleel ts eeffi~eAeatieA iA eeAAeetieA witR
113 tRia CeRa-aet:
144.r~<IIII".
=+4e CeeraeretlAg BrelteF9, if SAY biHAg BF9lter
CONVEYANCE APPROVED BY BCC:
APRIL 13, 2010, AGENDA ITEM 16D4
DATED:
'II~ ! ;)o~D
.^
ATTEST':
DWIGHT.]~:. BROCK
;::~.. ,
SELLER:
BOARD OF
COLLIER
BY:
FRED
~8:~> . .
__.... It~. "',
.. "A",
.. ".i ~
......... .'.,
Approved as to form
and l~l sufficiency:
610 ~_~
Jennifer B. White,
Assistant County Attorney
PROPERTY ADDRESS: 5501 17TH AVENUE SW, NAPLES, FL 34116
fARl8AR ASIS-2 Rev. 9/07 @ 2007 Florida AsSOCiation of REALTORS"' and The Florida Bar All Rights Reserved Page 3 of 5
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"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
A. TITLE INSURANCE: The Title Commitment shall be issued by a Rorida licensed title insurer agreeing to issue Buyer, upon re:x>rding of the deed to B~,
an owner's poley of title Insurance In the amount of the purchase price, insuring Buyer's marketable title to the Real Property, subject only to matters contained
in Paragraph VII and those to be discharged by Seller at or before Closing. Marketable title shall be determined according to ~ppllcable Title .Sta~dardS. a~opt-
ed by authority of The Rorida Bar and in accordance with law. Buyer shall have 5 days from date of receiVing the Title Commltmen.t to examine It, and If title IS
found defective, notify Seller in writing specifying defect(s) which render title unmarketable. Seller shall have 30 days from receipt of notl~e to remove the
defects, failing which Buyer shall, within 5 days after expiration of the 30 day period, deliver written notice to Seller ~ither: (1) extending t~e tlme.for a.reason-
able period not to exceed 120 days within which Sellar shall use diligent effort to remove the defect~; or (~) requ~sling a refund?f .d~(s) paJd which shall
be relumed to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as It then IS. Seller shall, if litle IS found unmarketable,
use diligent effort to correct defect(s) within the time provided. If, after diligent Gffort, Seller is una~le to timely correct the defects, Buyer. shall either waIVe the
defects, or receive a refund of depoSit(S), thereby releasing Buyer and Seller from all furthar obllga.tlons under thIS Contract. If Seller IS to provide the Title
Commitment and it is delivered to Buyer less than 5 days prior to Closing, Buyer may extand Closing so that Buyer shall have up to 5 days from date of receipt
to examine same in accordance with this "AS IS" Standard.
B. PURCHASE MONEY MORTGAGEiSECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a
30 day grace period in the event of default if a first mortgage and a 15 day grace period if a second or lesser ~gag~; ~all provide for rlght of prepayment
In whole or in part without penalty; shall pennit acceleration in event of transfer of the Real Property; shall requIre all prior liens and encumbrances to tJ.e. kept
in good standng; shall forbid modifications of, or Mure advances undar, prior mortgage(s); shall require Buyer to maintain policies of Insurance contatmng a
standard mortgagee clause covering an Improvements located on the Real Property against fire and all perils included within the term "extended coverage
endorsements" and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note
and security agreement shall be otherwise in form and content required by Seller, but Seller may only require clauses and coverage customarily found In mort-
gages, mortgage notes and security agreements generally utilized by savings and iean Institutions or state or national banks located in the county wherein the
Real Property is located. All Personal Property aRGlle8ses seiAS S9Rveyea er assillAsGI will, at Seller's option, be subject to the lien of a secur~y agreement evi-
denced by recorded or filed financing statements or certificates of title. If a ealleen fftsFt€la@8, tRe final I'laymont will el<s9Ela the JilsriBais Jilayfftsnts tReFB9R.
C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certi-
fied by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that Improvements located thereon encroach on setback
lines, easements, lands of others or violate any restrictions, Contract covenants or applicable Qovernmental regulations, the same shall const~ute a title defect.
D. WOOD DESTROYING ORGANISMS: DELETED
E. INGRESS AND EGRESS: Seller warrants and represents that there Is Ingress and egress to the Reel Property sufficient for its intended use as described
In Paragraph VII hereof and title to the Real Property Is insurable in accordance with" AS IS" Standard A without exception for laCk of legal right of access.
F: lUtSES. &eller eRllIl at 1B85i 1 9 elays eeteFB ClesiR!!, filrRiGR ta Btlyer eeJilles ef all 'NritteR leases BR8 eslel31'lelletteFi fJ'GfFI SaGR teRaAt Sl'laeIfylR!! tAB RsI\,IFi
ana atlratieA sf tile teAaAt'e e66tll3BA8Y, FeRta! Flltas, aQI.'aReea feAt aAa eSE111Rty ael3eeits 13a1e1e)' teFl8At. If Seller Is tlRBele te ebtalR ellQR letter fI:e!R eeeR tllR
ant, tRe earne IAfeFll'lslieR eRallse fwrRleAeel BY Eeller te ~l:lYar ':AtAiR tt:lsl time ",eRealA tRe teffR sf a Seller'e afflElaooit, aRa !;llol'Jllr !R~' tl:llll'Qaftllr Gel'1t~ tllR
aRt te eeAfiffil etlell iRt'eFR'lEltieR. If tile teFll'lG sf tAe leae88 elifler FRaterialrj Wefft Seller's rEl",FB6eAtalieRs, 811yer!Ray tem:lil'13te tRill CeAtr-aE1t 9>} elelroeriAll"q:lttsR
Retiee te Eeller at leasl Ii elaye I3Fier te CleelR8 Seller eRell, EN ClesiR8, eell...er ana assi!iln all erii)iAallelllles te 8101)'Qr.
G. LIENS: Seller shall fumish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement,
claims of lien or potentialllenors known to Seller and further attesting that there have been no Improvements or repairs to the Real Property for 90 days Imme-
diately prece(jng date of Closing. ff the Real Property has been ImprOVed or repaired within that time, Seller shall deliver releases or waivers of construction
liens executed by all general contractors. subcontractors, suppliers and materialmen In addition to Seller's lien affidavit setting forth the names of all such gen-
eral contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvemants or repairs which could serve as a basis for a
construction lien or a claim for damages have been paid or will be paid at the Closing of this Contract.
H. PLACE OF CLOSING: Closing shall be held In the county wherein the Real Property is located at the office of the attorney or other closing agent ("Closing
Agent") designated by the party paying for title insurance, or, if no title insurance, designated by Seller.
I. TIME: Calendar days shall be used in computing time periods except periods of less than six (6) days, in which event Saturdays, Sundays and state or natioll-
allegal holidays shall be excluded. Any time periods provded for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the
next business day. Time Is ofthe essence in this Contract. * Statutory deed. bill of Bale.
J. CLOSING DOCUMENTS: Seller shall furnish the aeea, alii sf BElie, eeFtlfieate at title. construction lien affidavit, owner's possession affidavit, aseillR!RsRt6 9f leas
es, tanant aRa R'leFt@a@ee El91ef21f21slletteFe and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement and financing statements.
K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by SelIet All costs of Buyer's loan (whether obtained*~
from Seller or third party), including. but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed,
mortgagee title insurance comm~ment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer.
Unless otherwise provided by law Elr RBer te tl:l18 CQI'lUaGt, charges for related closing services, title search, and closing fees Qncludlng preparation of closing
statement), shall be paid by the party responsible for fumishing the title evidence in accordance with Paragraph V.
L. PRORATIONSj CREDITS: Taxes, assessments, rent, Interest, Insurance and other expenses of the Property shall be prorated through the day before Closing.
Buyer shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be
increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing. Advance
rent and security deposlts will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be proreted based on the current
year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's mil~
age Is not fixed and current year's assessment is available, taxes will be proreted based upon such assessment and prior year's milage. If current year's assess-
ment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1 st of year of Closing, '
which improvements were not in existence on January 1st of prior year, then taxes shall be prorated based upon prior year's mmage and at an equitable essess-
ment to be agreed upon between the parties; failing which, request shall be made to the County Properly Appraiser for an informal assessment taking into
account available exemptions. A tax proretlon based on an estimate shall, at request of either party, be readjusted upon receipt of current year's tax bill,
M. (RESERVED. purposely left blank)
N. INSPECTION AND REPAIR: DELETED
O. RISK OF LOSS: If, after the Effective Date, the Property is damaged by fire or other casuelty ("Casualty Loss") balore Oosing and cost of restoration (which
shall include the cost of pruning or removing damaged trees) does not exceed 1.5% of the Purchase Price, cost of restoration shall be an obligation of Seller and
Closing shall proceed pursuant to the terms of this Contract, and If restoration Is not completed as of Closing, restoration costs will be escrowed at Closing. If
the cost of restoration exceeds 1,5% of the Purchase Price, Buyer shall either take the Property as is, together with the 1.5% or receive a refund of deposit(s)
thereby releasing Buyer and Seller from all further obligations under this Contract. Seiler's sole obligation with respect to tree damage by casualty or other natu-
ral occurrence shaU be the cost of pruning or removal.
P. CLOSING PROCEDURE: The deed shall be racorded upon clearance of funds. If the title agent insures adverse matters pursuant to Saction 627.7841,
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
FAR/BAR ASIS-2 Rev. 9/07 @ 2007 Florida Association of REALTOOS- and The Florida Bar All Rights Reserved Page 4 of 5
218 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
219 closing procedures shall apply: (1) all Closing proceeds shall be held in escrow by the Closing Agent for a ~eriod of ~ot ~~re than 5 days after Closing; (2)
220 if Seller's tille Is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller In wntl.ng of the defect and Seller shall
221 have 30 days from date of receipt of such notification to cure the defect; (3) if Selier fails to timely cure the defect, all depoSits and clOSing funds shall, upon
222 written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously ~ith such repayment, Buyer shall retur~ 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 B~yer fBlls to make ti~ely demand
224 for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of war-
225 ranties contained in the deed or bill of sale.
226 Q. ESCROW: MY Closing Agent or escrow agent (collectively "Agentj receiving funds or equivalent Is authorized and agrees by acceptance of them to deposit
227 them promptly, hold same In escrow and, subject to clearance, disburse them In accordance with terms and ~onditions of this Contract. Failure oHunds to
228 clear shall not excuse Buyer's performance. If In doubt as to Agent's duties or liabilities under the provisions of thIS Contract, Agent may, at Agent's optIOn, con-
229 tinue to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a Judgment of a court of competent Jurisdiction shall
230 determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. M attorney who represents
231 a party and also acts as Agent may represent such party in such action. Upon notifying all parties concerned of such action, all liability on the part of Agent
232 shall fuRy terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with
233 provisions of Chapter 475, ES., as amended. 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 interpleeds 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 of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable
236 to any party or person for misdelivery to Buyer or Seller of items subject to the escrow, unless such misdelivery is due to willful breach of the provisions of this
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 Contrect, the prevailing party in such liti-
239 gation, which, for purposes of this "AS IS" Standard, shall include Seller, Buyer and any brokers acting In agency or nonagency relationships authorized by
240 Chapter 475, ES., 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, Including payment of all deposits, the deposit(s) paid by
242 Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for
243 the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract; or Seller,
244 at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If for any reason other than failure of Seller to make Seller's title mar-
245 ketable after dBigent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specifIC performance or elect to receive the retum of Buyer's
246 deposit(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 it shall be recorded in any public records.
248 This Contract shall bind and Inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and
249 one gender shall include all. Notice and delivery given by or to the attomey or broker representing any party shall be as effective as 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 Oncludlng "pdf") copy of this
251 Contract and any signatures hereon shall be considered for all purposes as an original.
252 U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory WarFaAt~., IFtletee's, ~sr8eAaI FaIlFaSeAtatlve'8, er ijI-Jar-elaA's deed, as
253 appropriate to the status of Seller, subject only to matters contained in Paragrapr VII and those otherwise accepted by Buyer. Personal Property shall, at the
254 request of Buyer, be transferred by an absolute bill of sale with warrenty of title, subject only to such matters as may be otherwise provided for herein.
255 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No mod-
256 ificatlon to or change In this Contract shall be valid or binding upon the parties unless in writing and executed by the parties intended to be bound by it.
257 W. SELLER DISCLOSURE: (1) There are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or
258 which have not been disclosed to Buyer; (2) Seller extends and intends no warranty and makes no representation of any type, either express or Implied,
259 as to the physical condition or history of the Property; (3) Seller has received no written or verbal notice from any governmental ent1lY or agfHICY 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 govemmental regulation whIch have not been disclosed 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. shrubbery, 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, inciudlng a walk-through prior to Closing, to confirm that
265 all items of Personal Property are on the Real Property and that the Property has been maintained as required by this' AS IS" Standard. Seller will assign aU
266 assignable repair and treatment contracts and warranties to Buyer at Closing.
~ 'I. 1 931 iXCIo4,~_"'Q&, It either lleller er 1!i1-J)'er .....iell te eRter lAte a IiIIe IIiRS ellei:1aAlJEl (e~ller 8iFFl~llaAeel-JS '/JilR CIeSIAij Elr se~8l WI#! re6f'lElel te tile Prel3efty
26i ~F1ser SeelleA 1931 ef tRe IfltBfRal RaveAI-Je Cese ('l!xsR8Aijel, tl:1e elAer fil8ItJ SAflll eeeliler-ate ifl all FaaeeAa13le re81ileets te elfeell-Jate tRe ElleAElflije, iflell:la
~ iRS tAe 91I9GblIIGA 9f SSEl~FF1SRt6; Iilre'llses (1) tAe eeeliler-e.liR~ filarty eAalllAel:lr AS liaelity er 81lfileASe Fatales te tRe Ellsl'1aA!le aAs (2) tAe CleslAij sAall Aet 13e
27G eSAllAlIeAt I:IIlSA, Asr ellleAses e; eJslalas13y, ElI-JSR exsAaRlIe.
271 z. BUYER WAIVER OF CLAIMS: Buyer waives any claims ageinst Seller and, to the extent permitted by law, against any ..eal 8lIMte lie_ee ill~elll'afl
272 in the negotiation of the Contract, for any defects or other damage that may exist at Closing of the Contract and be subsequently d/$(;overecl by the
273 Buyer or anyone cJaJmlng by, through, under or against the Buyer.
FARlBAR ASIS-2 Rev. 9/07 @ 2007 Rorida Association of REALTORS" and The Florida Bar All Rights Reserved Page 5 of 5
..
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 5501 17'h Ave SW, Naples, FL 34116
Folio Number: 36234400000
AMENDMENT TO SALE AND PURCHASE CONTRACT
THIS AMENDMENT is entered into by and between COLLIER COUNTY, a Political
Subdivision of the State of Florida, (Seller) and GUILLERMO MARTINEZ, a single man,
(Purchaser). Purchaser and Seller entered into that certain "As Is" Contract for Sale and
Purchase effective as of April 28, 2010 (hereinafter collectively referred to as the "Agreement").
Purchaser and Seller wish to amend the Agreement with the following terms and conditions:
1. Line 119 of the Agreement is revised to reflect, notwithstanding any other
provisions of the Agreement; the transaction shall be closed on or before September 30,
2010.
Except as expressly provided herein, the Agreement between the Purchaser and the
Seller remains in full force and effect according to the terms and conditions contained therein,
and said terms and conditions are applicable hereto except as expressly provided otherwise
herein.
IN WITNESS WHEREOF, the Purchaser and Seller have executed this Amendment as of the
dates hereinafter stated.
Date property sale approved by BCC:
December 1, 2009, Agenda Item 17B
Notice of Intent to approve Final Disposition approved by BCC: January 12, 2010, Agenda Item
16DS
DATED: 7 / {)-p/ifD I 0
SELLER:
,. jl \29 ;\(;1{1
AlTEST: ,t:,) ,.......
DWIGH~~.::6ROCK,Clerl(:,
...;";)': ,}">~'\..' - .~\ . ", \j
~\: ::;
.(.
/, Clerk
'_:'-""'. '.< <"~,
<Ill u,.:.. .~,.,.... ,
irflt '.._~
BOARD OF COUNTY COMMISSIONERS
COLUER COUNTY, FLORIDA
"--/- A w. ~
BY: -j"U-4L
Fred W. Coyle, Chairman
Approved as to form and
legal sufficiency:
\
~~~~
Jennifer B. White,
Assistant County Attorney
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 5501 17'h Ave SW, Naples, FL 34116
Folio Number: 36234400000
DATED:
lli'-IO
2
5501 I-rM lIVe sw
To: Minutes & Records 10/7/10
Attached for your records, please find the Original Contracts and Amendments for the following
closings:
~
Thanks,