As Is Contract for Sale and Purchase
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THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS. AND THE FLORIDA BAR
"As Is" Contract For Sale And Purchase
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1. PARTIES: COLLIER COUNTY, a Political Subdivision of the State of Florida ("Seiter"),
2* and RIGOBERTO TOVAR and ODETTE E. TOVAR, a married couple ("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: The West 75 feet of the
7.East 180 teet of Tract 74, Golden Gate Estates, Un1t 38, Plat Book 7, Page 90, Collier County, FL
8. (b) Street address, city, zip, of the Property: 380 47th Ave ME, Naples, FL 34120
9 (c) Personal Property includes existing range(s), refrigerator(s), dffiwflsher(s). ceiling fan(s), light fixture(s), and window lreatment(s) unless
1 0 specifically excluded below
11. Olher items included are: Refrigerator, Range, Dishwasher, Microwave, Washer, Dryer, Central A/C, Five (5)
12* Ceiling fans, Wall-to Wall carpet, Security Panels/Hurricane Shutters.
13. Items of Personal Property (and leased items, jf any) excluded are:
14. N/A
15' II. PURCHASE PRICE (U.S. currency):
16 PAYMENT:
1 r (a) Deposit held in escrow by_~__ STEW.AB-tTITJ"E:. ("Escrow Agent") in tre amount of ~checks su~t to ciearance)
18+ Escrow Agent's address; J9JB Tam'al'\"ll Tr~1 !'o'orlll. 511'''' A. Napl'".!,~I_l!!!d. 341~ _ __ _._____ _ Phone 239-262.2163
19'" (b) Additional escrow deposit to be made to Escrow Agent within 15 days after EHectiv6 Date in the amount 01. .
20. (el Financing In the amount of ("Loan Amount") see Paragraph IV below .
21. (d) Other ~.*.S~.E, ~.INE.~. ;t,l.~ l'~R9.t!C;;H ll.~
22 (e) Balance to close by cash, wife transfer or LOCALLY DRAWN cashier's or official bank check(s). 8ubj8ct
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 aU parties OR FACT Of EXECUTION communicated in writing between the parties on or
26'" before 15 Days , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn, UAles. stJ::1er
'J+ "'1&& stated, ~9 tl~s fgr 9GGSpt9ASS sf aAY 99wRti~#srB shaUlis ~ days wsm the Elate the &eYRlS's"" is ~tli"8rBd.
28 (b) The dale of Contract ("Effective Date") will be the dale when the last one of the Buyer (]nd Seller h(]s 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" shaff be the date determined above for
30 acceptance of this offer SF, if af3f3liGsl;JJe, tl;ts fiRal Gewr:lteraffer.
31 IV. FINANCING:
32* Q (a) This is a cash transaction with no contingencies for financing;
33~ ~ (b) This Contract is contingent on Buyer obtaining written loan commitment which confirms underwriting loan approval for a loan to purchase
34' the Property ("Loan Approval") withn _ days (, t>ank. then 30 days) after Effective Date ("Loan Approval Date") for (CHECK ONLY
35. ONE): ~ a fixed: U an adjustable; or I,) 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 dose 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 subparagaph. Buy(..'( shalf pay all loan oxpenses. Buyer authorizes tho mortgage bmker(s) and
40 lender(s) to disclose information regarding the conditions, status, and progress of loan application and Loan Approval to SeIer, Seller's attorney,
41 real estate licensee{s), and Closing Agent.
42 SElleR: If Buyer does not deliver to Seller written nolice of Loan Approval by Loan Approval Date, Seller may thereafter cancel this Contract by
43 de~vering written notice ("Seifer's Cance(lation NoticeU) to Buyer, but not later than seven (7) days prior to Closing. Sellers Cancellation Notice shaN
44 notify Buyer that Buyer has three (3) days to deliver to SeUer written notice waiving this Financing contingency, or the Contract shaff 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 ~his 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) Seifer's failure or refusal to close or Seller o;herwise fails to meet the terms of the Contract, or (ji) Buyer's lender
49 faUs to reC8fVe and approve an appraisal of the Property in an amoun~ sLJfflCientto meet the terms of the Loan Approval, then the deposit(s) shall be
50 returned to Buyer.
51 * CJ le) Assumption of existing mortgage (see rider for. terms); or
52'" CJ (d) Purchase money note and mortgage to Seller (see "As Is" Standards Band K and riders; addenda; or special clauses lor terms).
53* v. TITLE EVIDENCE; At least --..L aays (if blank, then 5 days) before Closing a title insumnc8 commitment with legible copies of Instruments listed as
54 exceptions attached thereto ("Iitle Commilmenn and, a1ter Closing, an owner's policy of title Insurance (see Standard A 10r terms) shall be obt<3ined by:
55* (CHECK ONLY ONE): Q (1) SeUer, at Seller's expense and delivered to BlIVer or Buyer's attorney; or
56* OJ. (2) Buyer at Buyer's expanse.
5r {CHiCK t-fIiRE}: Q If aA B8strast af title is ts l;Je fbJrAisFteEllAstssel ef titls iASl":l aRes, ElFIe sUeer Fiasr fer teFFRS,
58. VI. CLOSING DATE; This transaction shall be closed and the closing documents deivered on **SEE LINE 119 ('"Closing'?, unless
59 modified by other provisions of this Contract. In the event of extreme weather or other conditions or events const~uting "force majeure", Closing will be
60 extended a reasonable time until: (i) restoration 01 utilitioo and other services essential to Closing, and ~i) availabiily ofl-1azard, Wind, Flood, or I-1orneo'Mlers'
61'" InSlX"ance, If sum conditions continue more than ~ days (if blank, then 14 days) beyond Closing Date, then either party may cance this Contract.
$
92,100.00
$ 1,000.00
$ 1,763.00
$. _ 7~~_~~7~
$ 18,420.00
$
0.00
FAFVBAR ASIS2 Rev. 9/07 e 2007 Florida Association 01 RI;:ALIQRS" i;lnd TIle Florida Bat M Rights RElservad Page t of 5
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62 VII. RESTRICTIONS; EASEMENTS; ~IMITATIONS; Seller shall convey marnetable title subject 10: comprehensive land use plans, zoning. I
63 restrictions, prohibitions and other requirements imposed by governmental authority: restrictfons and matters appearing on the plat or otherwise ,
64 common to the subdivision; oulstanding oj!, gas and mInerai 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 teet in width as to the rear or iront 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 Of additional items, see
67* addendum); provided, that there exists a1 Closing no violation afthe foregoing and none prevent use of the Property for residential
68' pucpose(s).
69 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If rrsl3sFtj is iAtSAelsa
7-9 t6 as IBRtas er 8esi;Ji=llea B8'j BRei OeEliA€!, t~8 f88t BREI. teFf'Ra t1'1erasf aPB tl:=18 tSAaRtts) er 888l:lJ3aA18 8Rall13e elisele688 I3l:lrSl:.laAt te "}I.i rl:" gtBfletaR:!
-71 r. If eeSl:lJ=!6Ae} Is ta 88 aelr.sFesl3efere ClasiA~, I3bJyer as8l:lFA8S all Rei,s af less to PF8138FP/ fR3FR elate sf aaeblI3SAS/, st:1BlIl3a Fe6138Asi131a BABllal3le
~ fe, ff1aiAteranee fr:eA'l tt:1at Elate, Me! SRall13s €leaFAGe te RS' e aSSS/3teEl PFe/3eFt~' iAtS sllietiRfj sSAElitisA a6 af tiFRQ s1 tJI(iAS eGe...~aM;
73 IX. TYPEWRIITEN OR HANDWRITTEN PROVJSIONS: Typewritten or handwritten provisions, riders and addenda shall contra! all printed pro.
74 visions of this Contract in connlct with them.
75" X. ASSIGNABIUTY: (CHECK ONLY ONE): Buyer Q may assign and thereby be released from any further liability under this Contract: Q may
76* assign but not be released from liability under this Contract: or Ii may not assign this Contract.
77 XI. DISCLOSURES:
78 (a) The Property may be subject to unpaid Special assessment !ien(s) impoSed by a pUblic body ("public body~ does not include a
79 Condominium or Homeowners' Association). Such lien(s), if any. whether certified, confirmed and ratffied, pending, or payable in installments.
80" as of Closing, shall be paid as follows: 0 by Seller at closing II 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 ROrlda.
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 causa health risks or damage to property. If Buyer is concerned or desires additional infonnation
87 regarding mold, Buyer should contact an appropriate professional.
88 (d) Buyer acknolNledges receipt of ttle Aorlda Energy~Efficlency Rating Information Brochure required by Section 553,996, F.S.
89 (a) If the Real Property includes pre-1978 residential housing, then a lead-based paint rider is mandatory.
90 (0 If Seller ls a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act.
91 (g) BUYER SHOU~D NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA-
92 TlONlCOMMUNITY DISCLOSURE.
93 (h) PROPERl'f TAX ClSCLOSURE SUMMARY: !3lJYER SHOULD NOT RELY ON Tl-IE SELLER'S CURRENT PRCPERl'f TAXES NJ THE AMOUNT
94 OF PROPERl'f TAXES 1H'\T Tl-IE BUYER MoW BE OEUGATED TO PAY IN THE YE!'R SUBSEQUENT TO PURCHASE. A CHANGE OF O'hNER-
95 SHIP OR PROPERrI IMPROVEMENTS mGGERS REASSESSMENTS OF Tl-IE PROPER1Y 1H'\T COULD RESULT IN HIGHER PROPERl'f TAXES.
96 IF YOU HAVE IWY QUESTIONS CONCERNING VALUA110N, CONTACT Tl-IE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMA110N.
97 XII. MAXIMUM REPAIR COSTS: DELETED
98. XIII. HOME WARRANTY: Q Seller a Buyer ~ N/A will pay for a home warranty plan issued by
99'" at a cost not to exceed $
100' XlV. INSPECTION PERIOD AND RIGHT TO CANCEL: Ie) Buyer shall have ---2- days from E"ective Date 1"lnspection Period") within
101 which to have such insp4ilctions of the Property performed as Buyer shall desire and utifities service shalf be made available by the
102 Seller 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 (e) if Buyer determines, in Buyer's sole discretion, that the Property is not acceptable to Buyer. Buysr may cancsl this Contract
105 by delivering facsImile or written notice of such election to Seller prior to the expiration of the Inspection Period, /f 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 obl/gatlons under this Contract, except as provided In this Paragraph XlV. Unless Buyer exercises the right to cancel
108 granted herein, Buyer accepts the Property in Its present physical condition, subject to any violation of governmental, building,
109 environmental, and safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements
t 10 required by BUYfN's lender.
111 xv. RiDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract:
112' Q CONDOMINIUM Q VNFHA Q HOMEOWNERS' ASSN. Q LEAD-BNJED PAINT Q COASTAL CONSTRUCTION CONTROL LINE
"3' 0 INSULATION 0 EVIDENCE OF TITLE (SOUTH FLORIDA CONTRACTS) 0 Other Comprehensive Rider Provisions Q Addende
114' SpecleICleusels): ._~
115" HBWER WILL RECEIVE $27,630 !,_ROM THE COLLIER COUNTY NEIGHBORHOOD STABILIZATION PROGRAM. BUYER WILL USE
116. $18,420 (20\ OF THE PURCHASE PRICE) FOR PRINCIPAL REDUCTION AND THE REMAINING BALANCE OF $9,210 WILL BE USED
117* FOR CLOSING COSTS, PREPAID ITEMS AND ANY DISCOUNT POINTS ASSOCIATED WITH THE FIRST MORTGAGE TRANSACTION.
118"
t19. *.THE TRANSACTION SHALL BE CLOSED ON OR BEFORE 90 DAYS FROM EFFECTIVE DATE.
120.
121* **SALE IS CONTINGENT UPON BUYER'S SALE OF THEIR CURRENT RESIDENCE LOCATED AT 12247 FULLER LANE,
t22* NAPLES, FLORIDA 34113.
'23*
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 Contract.
FAR/BAR ASIS.2 Rev. 9/07 e 2007 Florida Association of REALTORS'" and The Florida Bar All Rights Reserved Page 2 01 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 condttkms In this CO'1traot 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.
13q AN ASTERISK(1 FOLLOWING A UNE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPlETED.
14~ V.~-I" Seller Siqnature Below
(DATE) (SELLER) (DATE)
137' L{- Z 8'- JO Seller Siqnature Below
138 (BLNER) 0 TE E. TOVAR JPATE) (C;ELLER) (DArl)
139" Buyers' address for purposes of notice 12247 F LER LANE Sellers' address for purposes of notice c/o CC RPM , Building W,
140' NAPLES. PL 34113 3301 E. Tamiami Trail. Naoles. Florida 34112
141" 239-793-1828 Phone (239) 252-8991 Phone
1 ~2 BFl01{[:I';:U~;. TAr:! 81'81leFS (IFeli'j8jA~ 888FlsFBtiAij 8R31(8ffi, if aFl~) Ramee 8els.. 616 tA8 191'11) Bl'ell8"S 8Fit(tlea t8 88Pfl~8Fl6&tiel'l iA eSAFl88tiefl ..itA
'13 tRia CSAtrBst:
144~ 14alllt:l.
'l46
CeepeHltlRI Breltel'8, if BAy
biatiRg Breher
CONVEYANCE APPROVED BY BCC:
DECEMBER 1, 2009 - ITEM 17B
DATED:
f/l-l/:JO/D
ATTEST:
DWIGHT E. BROCK
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SELLER:
BOARD OF COUNTY
COLLIER CO TY~
~ ; I
BY: \. "
FRED W. COYLE, CHAIR
COMMISSIONERS
FLORID./'>
t,) (".~.
Attast .5 to Chtt
J1an4tn (NI.~
as to form
Assistant County Attorney
PROPERTY ADDRESS, 380 47TH AVENUE NE, NAPLES, FLORIDA 34120
fAR/BAR ASIS' 2 Rev, 9/07 @ 2007 Florida Association of REALTORS\< and The Florida Bar All Rlghts Reserved PagG 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 Flolida licensed title insurer agreeing to issue Buyer, upon recording of the deed to Buyer,
an owner's poley of tftle 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 tl10se to be discharged by Seller a1 Of before Closing. Marketable title shall be determined according 10 applicable 11116 Standards adopt-
ed by authority of The ROOda Bar and In accordance with law. Buyer shall have 5 days from date of receiVing the Title Commitment to examine it, and if title IS
found defective, notify Seller in writing spadfying defect{s) which render title unmarketable. Seller shall have 30 days from receipt of notice to remove the
defects, failing which Buyer Shall, Vllithin 5 days a1lm expiration of the 30 day period, deliver written notice to Seller either: (1) extending the time "for a reason-
able pedod no1 to exceed 120 days within which SaUer shall use diligent effort to remove the defects; or (2) requesting a re"fund of depos!1(s) paid which shall
be returned to Buyer, If Buyer fa,ls to so noti'fy Seller, Buyer shall be deemad to have accepted the title as it then is. Seller shall, if title is "found unmarketable,
use diligent effort to correct de"fect(s) within the time provided. Ii. after dillgont effort, Seller is unable to timely cormct the defects, Buyer shall either waive the
defects, or receive a refund of deposit(S), thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller is fa prOVide the Title
Commitment and it is delivered to [3uyer less than 5 days prior to ClOSing, Buyer may extend Closing so that Buyer shal have up to 5 days from aate of receipt
to examine same in accordance with this "AS IS' Standard.
S, PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide tor a
30 day grace period in the event of default if a 1irst mortgage and a 15 day grace period i"f a second or lesser mortgage; shall provide for rtJht of prepayment
in Vv1iole or in part without penally; shall permrt acceleration in event of transfer at' the Real Property; shall require all prior liens and encumbrances to be kept
in good stamfug; shall forbid modifications of, Q( future advances I,;nder, prior mortgage(s); shall require Buyer to malntain policies of Insurance containing a
standard mortgagee clause covering all 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 a'Tlount 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 no1es and security agreements generally utilized by savings and loan institutions or state or national banks located in the county wherein the
Real Property is located. All Personal Property liAS leases 1i8A~ seA e~ .iler assiaAS9 will, at Seller's option, be subiect to the lien of a security agreement evi-
denced by recorded or filed financing statements or certiflcates of title. If a sallssA FAsFI€la@S, tRe fiF1BII3Q,l'T'lElRt 'ills,trsa-a tt::1e 1'10(89'9 /OIa', Ff1BRtB tR8rElSR
C. SURVEY: Buyer, at Buyer's expense, within time allowed to delrver evidence of title and to examine same, may have the Real Property surveyed and certi.
tied by a registered Floricia 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 qoverrvnental regulations, the same shall constitute a title defect.
D. WOOO DESTROYING ORGANISMS: DELETED
E, INGRESS AND EGRESS: Seller warrants and represents that there Is Ingress and egrEtSs to the Real Property sufficient for its intended use as described
In Paragraph VII hereof and title to the Real Prope:-ty is insurable in accordance with "AS IS" S1andard ^ without exception for laCK of legal right of access.
F: ~~~.:,~~ ~~II~ 8~~1 ~,~~~t ~~ d!l)8 l3efsl"S gSS'F1S. f\:r~i8i:1 18 Bl:l)Br eaJj'ss 8f all . ~ttBR laBeee a s eetEfilJ'lallettaF& f~~ ~~: ~B~~:~ ~:;;1f':~8 t:=c~at~:
~~ ~...~~~~ a~ t~ taFlaAts eeSbll3aA9'" r'l3Rtli1 r;atss. aGl"aAees feAt BRS ,"sablAt) 61S/Ol88~B fiilalGi 13) tSRBI't If ~ellf:lr III JRBel 9 I ':'R :: ~::
~~. '"~ ~ ~t~~" ~01l.0 luml.ha. by ..110-" 8~,,, '-;R ,."',,"'. ~O"e." Iho to,," of e ~o"or'. otfi.e'~. 'n'9'~"; <T'~; IR';;'~:.~:~:~:::
:: ~~ :~~~~ fJ~6~~!6: ~i~. ~ t~~ t~~: ~ tAs I--rge rAiler l'IA&1e"aU', Wil:rl ~81IGr'll F6J;I:@IlQR,t~h3Re, i I, g- ~iil,>~t~r':':'.~atg t~~ 1~:\,V'tr.a~t ~~. rl' i n ~
Reties ~El Qafler at IS8(Jt 8 sale "nor te ~leGrR6 'ig!lQr 01:1001 at ClesIAS, Salf.8r 8"l9 QSB~~ all QflSl Rallo9ses tEl QOI~ ijr
G, WENS: Seller shall "fumish to Buyer a1 time of Closing an aNlda\l1t 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 preceding date of Closing. If the Real Property has been improved or rapaked within thalt!me, Seller shall deliver releases or waivers of construction
ffens executed by all general contractors, subcontractors, suppliers and materialmen In addition to SeUer's lIen affidavit sattlng forth the names of all such gen-
eral contractors. subcontractors, suppliers and ma1arla/men, further affirming that all charges for improvements or repairs which could serve as a basis for a
Construction lien or a claim for damages have been paid or will be paid at the ClOSing of this Contract.
H. PLACE OF CLOSING: Closing shall be held in the coonty 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. .
J. TIME: Calendar days sIlall be used in COrl'llutlng time .oeriOOs except periods of less than six {6l days, in which event Saturdays, Sundays and state or nation--
allegal holidays shaH be excluded. Any time periods prOVIded for herein which shall end on a Saturday, SLIlday, or a legal holiday shall extend to 5:00 p.rn. of the
next business day, Time is of the essence In this Contract. * Statutory deed bill of Bale
J. CLOSING DOCUMENTS: Seller shall furnish tho sesEl. sill af ee18, aBl1ifi~8 sftitls, construction lien affidavit. ownar's possession affidavit, SUS'!lFlj:lqIlA1ll G"f ISQ6
ea, taRSAl ans mer4ji8fjae 8et813.aall~8r8 and corrective instrumen1s, Buyer shall furnish mortgage, mortgage note, seCUl'ity agreement and financing statements,
K. EXPENSES: Documentary stamps on the deed and recOrding o"f corrective inslruments shall be paid by ~ All costs of Buyer's loan (whether obtwned*1!.!n!:
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 tltie insurance COMmitment with related fees. and recording of purchase mooey mortgage, deed and financing statements shail be paid by Buyer.
Unless otherwIse prOvided by law sr Aear te tJ:;)i€l ('GR'Fast, charges for related closing serv:ces, title search, and closing fees ~ncluding preparation of closing
statement), shall be paid by the party responsible for fumishing the title evidence in accordance with Paragraph V.
L. PRORATIONS; 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 o"f taking over eXlstlr1g pollees 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 pror to Closing, or occupancy, if occupancy occurs before Closing. Advance
rert and securIty deposits will be credited to Buyer. Escrow deposrts held by rnortgagee will be credited to Seller. Taxes shall be prorated based on the current
year's tax with duo allowance made for maximum a1lowablo discount, homcs1cad and olher exemptions, If Closing occurs at a date when the current year's mill-
age Is not fixed and curren1 year's assessment is available, taxes will oe prorated based upon such assessment and pnor year's millage. ~ current years 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 1st of year o"f Closing,
which improvements were not in existence on January 1st of prior year, then taxes shall be prorated based upon prior year's miMage and at an equitable assess-
ment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking into
account avaIlable exemptions. A tax proratlon based on an estimate Shall, at request of either party, be readjusted upon receipt o"f current year's tax bill.
M. (RESERVED. purposely left blank)
N. INSPECTION AND REPAIR, DELETED
o. RISK OF LOSS: If, after th€) Effective Date, the Property is damaged by fire or other casualty (~Casualty Loss") beforn 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 shaH be an obligation of Sellar and
Closing shall Proceed pursuant to the terms of :his Contract, and if restoration is not ciXTlpleted as of CloSing, restoration costs will be escrowed at Closing. l"f
the cost of restoration exceeds 1.5% of the Purchase Price, Buyer snail either take the Property as is, together with the 15% or receive a refund of deposit(s)
thereby releasing Buyer and Seller from all further obligations under this Contract. Seller's soie obligation with respect to tree damage by casualty or other natu-
ral occurrence shaD be the cost of prunIng or removal
P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title agent insures adverse marters pursuant to Section 627,7841,
F.S., as amended, the escrow and closJng 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 C 2007 Florida Associatbn of Rf'ALTOOSiD and The Florida Bar All Rights Reserved Page 4 01 5
i~
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
236
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
29+
:lll8
-
2+0
271
272
273
"AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
closing procedures shall apply: (1) all Closing proceeds shall be held in escrow by the Closing Agent for a periOd of not more than 5 days after Closing; (2)
if Seller's tille Is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall
have 30 days from date of receipt of such notification to cure the defect; (3) if Seller fails to timely cure the defect, all deposits arid closing funds shall, upon
wri1ten demand by Buyer and within 5 days after demand. be returned to Buyer and, simultaneously with such repayment, Buyer shall return the Personal
Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) If Buyer falls to make timely demand
for refund, Buyer shall take title as is, waiving all rigtlts against Seller as to any intervening defect except as may be available to Buyer by virtue of war-
ranties contained:n the deed or bill of sale,
Q. ESCROW: Any Closjng Agent or escrow agent (collectivety "Agent") receiving funds or equivalent Is authorized and agrees by acceptance of them to deposit
them promptly, hold same in escrow and, subject to clearance, disburse them In accordarce with terms and conditions of this Contract, Failure of funds to
clear shall not excuse Buyer's performance. If In doubt as to Agent's duties or IlabJlit~s under t'le provisions of thIs Contract, Agem may, at Agent's option, con-
tinue to hold the subject matter of the escrow until the parties l1ereto agree to its disbursement or until a Judgment of a court of competent jurisdiction shall
determine the rights of the parties, or Agoot may deposit same with the clerk of the circuit court having jurisdictIon of the dispute, An attomey who represents
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
shall fuBy terminate, except to the extent of accounting for any itoms previously delivered out of escrow. If a licensed real estma broker, Agent 'Nill comply wrth
provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as !\gent hereunder. or in
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
be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs ,n faV()( of the prevailing party. The Agent shall not be liable
to any party or person for misdelivery to 13uyer or Seller of items subject to the escrow, unless such misdelivery is due to willful breach of fhe provisions of this
Contract or gross negligence of Agent.
R. ATTORNEY'S FEES; COSTS: In any Irtigatlon, Including breach, enforcement or Interpretation, arising out of this Contract, the prevailing party in such liti-
gation, whIch, for purposes of this "AS IS" Standard, shall include Seller, Buyer and any brokers acting In agency or nonagency relationships authorized by
Chapter 475, F,S., as amended, shall be entitled to recover from the non.prevailing party reasonable attorney's fees. costs and expenses.
S, FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time spec,fied, Including payment of all deposits, the depos/t(s) paid by
Buyer and deposit(s) agreed 10 be paid, may be recovered and retained by and for the account of Selisr as agreed upon liquidated damages, consideration for
the execution of this Contract and in full settlement of any cms; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract; or Seller,
at Seller's option, may proceed in equty to enforce Seller's rights under this Contract. If for any reason other than failure of Seller to make Seller's title mar-
ketable after d~igent effort, Seller falls, neglects or refuses to perfom this Contract, Buyer may seek specific performance or elect to receive the retum of BVy'6f"s
deposlt(s) 'Nithout thereby waiving any action for darflljges resulting from SeHer's breach.
T. CONTRACT NOT RECORDABLE: PERSONS BOUND: NOTICE; COPIES: Neither thIS Contract nor any notice of it shall be recorded in any public records.
This Contract shall bind and inure to the benefit of the parties and their 5lJccessors in interest, Whenever the context permits, singular shall include plural and
one gender shall include all. 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,
PJI notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsmile or electronic QnclUdlng"pdf') copy of this
Contract and any signatures hElfoon shall be considered for all purposes as an original.
U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory iii a I" tRlstae's., .as 6eAall'8l313e8F1t~.e'e, er ~l::Ian:lIQF1'e deed, as
appropriate to the status of Seller, subjec1 only to matters contained in Paragrapr VII and those otherwise accepted by Buyer Personal Property shall, at the
request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein.
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seiler unless Included in this Contract. No mcd-
ificatfon to Q( change in this Contract shall be valid or binding upon the parties unless in writing and executed by the partM3s intcmded to be bound by it.
W. SELLER DISCLOSURE: (1) There are no facts known to Seller materialty affecting the value of the Prcperty which are not readily observable by Buyer or
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,
as to the physiCal condition or history of the Property; (3) Seller has received no written or verbal notice from any gOvernmental entItY or agency a3
to a currently uncorrected building, environmental or saff1ty code violation; (4) Seller has no knowledge of any repairs or improvements made to the
Property without compliance with governmental regulation which have not been dl8closed to Buyer.
X. PROFl'ERTY MAINTENANCE; PROPERlY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shalt maintain the Property, including,
but not limited to lawn, shrubbery, and pool In the condition existing as of Effective Date, ordInary WOOl and tear and Casualty Loss excepted. Seller shall, upon
reasonable notice, provide utilities service and access to the Property for appraisal and Inspections, including a walk-through prior to Closing, to confirm that
all items of Personal Property are on tho Real Property and that tha Property has been malntoJncd as required by this "AS IS" Standard. Seller will assign aU
aSslgnable repair and treatment contracts and warranties to Buyer at Ciosing,
: :~a~ =::i~ ~:: ;:~~~~ ii\< ~r~~~ ;- ..~:"'~~~, a iii" I;,. al"AoA~a la.h_r ol",ulta,,,,, '*' C"BiA~ ar .af<lrrOfJI iill1 r::~: ~ ':; r:::
~::~ S:~~~~~1~ ~~'."~~::~~~~~~~ ~~ 1'~0/l~a1, tha otAar~..., ,hall B."~B a'aA "'~:~~~ :~;=:'; -::ii~~ ~~ ~~:~~ :u:
;Q ::':~=.::: ":":"",'?":"'. ~,:::~.a~ ~)Ih' ~gretln~ ~..., 'Aollln"", 'lOb 1>, er ",,"eo", h 10 A a 2 h' I a
6on11AfteAt l::jf'l8R, Rer 811t8Aaaa sr 8818,88 6" eI:J8R ~181:16f1ge.
Z. BUYER WAIVER OF ClAIMS: Buyer waives any claims ag8inst Seller and, to the extent penn/tted by law, 8'8:"81 M) ,sa! aster" "aSJ'I!lB4 :,l~!t. iJ6
;n the negotiation of the Contract, lor any defects or other damage that may exist at Closing oftha Contract and be subsequently discovered by the
Buyer or anyone claiming by, throuQh, under or against the Buyer.
FARlBAR ASIS.2 Rev. 9/07 C 2007 Florida Association of HFAlTORS'" and The Florida Bar All Rights ReserveCl Page 6 of 5
MEMORANDUM
Date:
April 30, 2010
To:
Gary Bigelow, Property Acquisition Specialist
Facilities Management Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
"As Is" Contract for Sale and Purchase
Address: 380 4ih Avenue NE, Naples 34120
Attached is the original contract, as referenced above (Agenda Item #17B)
approved by the Board of County Commissioners December 1, 2009.
Please forward the fully executed original document to the Minutes
& Records Dept. so that it can be kept as part of the Boards official
record.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment (I)
-. ,.~.