As Is Contract for Sale and Purchase
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIAT
"As Is"
AR
"As Is" Contract For Sale And Purchase
1" PARTIES: COLLIER COUNTY. a Political Subdivision of the State of Florida ("88Mer;,
2" andManivone Phommarinh, sinqle & Jared DeAnqelo, sinqle, Joint w/Riqht of Survivorship. ("Buyer;,
3 hereby agree that SeRer shall sell and Buyer shall buy the following described Real Property and Personal Property (co'actlvely .Property;
4 pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract;:
5 I. DESCRIPTION: l' . The West 150 feet of
6" (a) Legal description of the Real Property located in Col ~er County. Florida:
7" Tract 42, Golden Gate Estates, Unit 63, recorded in Plat Book 7, Paqe 63, Collier County, Florida
8" (b) Street address, city, zip, of the PrOperty: 2560 47th Avenue NE, Naples, Florida 34120
9 (c) Personal Property includes existing range(a), refrigerator(s), diahwasher(s) , ceiling fan(s), liglt t1xture(s), and window treatment(s) unless
10 specifically excluded below. . I
11" Other items Included are: Washer, Dryer, Central AIC, SJ.X (6) Ceiling fans, security Panels Hurricane
12" Shut~ers, Garage Door Opener. MJ.crowave.
13" Items of Personal Property (and leased Items, if any) excluded are:
14" NIA
15" II. PURCHASE PRICE (V.S. currency):. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . , . , . . , , . . . . , . . .
16 PAYMENT: ., .~
17" (8) [)epoeit held in escrow by~_. STeWART TIT.!...!;;__ ~_.('EElCrow Agent1 in lt1e Il/'TlQ\JIll of (checks 6ubjecl to cJearanoe) $ 1, 000 . 00
18" Escrow Agent's address: _ Tomtomi Troll Nor\Ol. 6\1110 A. Nopl......~t2;L _ _, " ,___Phone: 239-262-2163
19" (b) Addltlonal escrow CI9POsIt to be made to Escrow Agent within 15 days after EffBOtlv8 Date In the amount of. . . . . . . . . .
20" (c) Financing In the amount of r'Loan Amount' 6el1 Paragraph IV bvlow . . . . . . . . . , . , . . , . . . . . . . . . . . . . . . . . , . . . .. . . . . .
21" (d) Other ~.~!?~.E;. ~.J;~.~ . ~.l;~. :rn~9.'Q'9R .P.~ .. , , . . ... . .... . . . .... . " .. ...... . . ..... ... .. .. .. . ..... ..
22 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN caBhIer's or official bank check(s). subject
23" to adjustments or prorations. .. . . . , . .. . .. . .. .. . .. .. .. . .. .. . . .. , . .. . . .. . .. ' .... .. . . , , .. .. .. . . .. . . . .. . , . . .. . .. $
24 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
25 (8) If this offer is not executed by and c:IeIivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or
26" before 15 Days , the deposit(s) Win, at Buyer'soption, beretumed and this offer withdrawn. "'AI..a eDwr
a7 'AAllat8le8. It'Ie tl"'8 for aSlSleptaRlle of MY MWRt8F8#8,. ,""II D8:! daye ffg", UII gMe tile 88I1Rt,rllff,r i, dllivlAMI.
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 elate Is not otherwise set forth in this Contract. then the "Effective Date" shall be the date determined above for
30 acceptance of this offer e~ If 8f'lJilI19llBle, tt:le IiAaI SStlAtsrelfer.
31 IV. FINANCING:
32" lJ (a) This is a cash transaction with no contingencies for f1nanci1g;
33" ~ (b) ThIs Contract is contingent on Buyer obtaining written loan commitment wl11ch conllrms unc:Ierwrltlng loan approval for a loan to purchase
:.W the Property ("Loan Approval') wi1Iin _ days (rt blank, then 30 days) after Effective Date ("Loan ApproyaI Date') for (CHECK ONLY
35" ONE): ~ a fixed: a an adjustable; or lJ a fixed or adjustable rate loan, in the Loan Amount (See Paragraph 1I.(e)) 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: obtElin Loan Approval; notify Seller in writing of receipt of Loan Approval by Loen Approval
38 Date: satisfy terms of the Loan Approval: and close the loan. Loan Approval which reqUres a condition related to the sale of other property shall
39 not be deemed Loan Approval for purposeS of thie SUbpara!18Ph. Buyer shall pay all loan expenses. Buyer authorizes the mortgage broker(s) and
40 tender(s) to disclose information regarding the condilions. status. and progress of loan application and Loan Approval to SeIer, SaUer's attorney,
41 real estate Iicensee(S), and 006lng Agent.
42 SELLER: If Buyer does not deliver to SeIier written notice of Loan Approval by Loan Approval Date, Seller may therBafter cancel this Contract by
43 delvering written notice ("SelIer's Cancellation Notice1 to Buyer, but not later than seven (7) days prior to Closing. Selier's Cancellation Notice shaI
44 notify Buyer that Buyer has three (3) days to deliver to Seller written notice waM'1g this Financng oontlngency, or the Contract shaI be cancelled.
45 DEPOSIT(S) (for purposes of this Financing Paragraph 1V(b) only): If Buyer has used reasonable dilgence but does not obtain Loan Approval
46 by Loan Approval Date, and thereafter either party elects to cancel this Contract, the deposit(s) she. 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) shaI be paid to Seller; provided how-
48 rNer, if the failure to close is due to: (9 Seller's faiUre or refus81 to close or Seller otherwise fals to meet the terms of the Contract, or (Ii) Buyers lender
49 faIs to receive and approve an appraisal of the Property in an amount sufficient to meet the terms of the Loan Approval, then the deposit(s) shall be
50 returned to Buyer.
51" Q (C) Assumption of existin9 mortgage (see rider for terms); or
52" Q (d) Purchasa money note and mortgage to Seller (see "As Is" Standards Band K and riders; addenda; or special clauses for termsl.
53" V. mLE EVIDENCE: N. least ~ days (If blank, then 5 days) before Closing a title Insurance commitment with Ieglble copies of Instruments listed as
54 exceptions attached thereto ("Title Commitment1 and, after Clo6Ing, an owner's policy of Illle nsurance (see Standard A for terms) shall be obtained by;
55" (CHECK ONI.Y ONE): a (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or
56" III (2) Buyer at Buyer's expense.
5?" (CHiCK HIiRiill Q If SA aIil6lFaet ef 1~le Is te 98 ftjFAisAsalF\6teaa at lifte IrU!tjFaflee, BRa alteeA Raer fer teFffi6.
56" VI. CLOSING DATE; This transaction shall be closed and the closing documents deIvered on USEE LINE 119 ("Ooslng'), unless
59 moc:Ified by other provisions of this Contract. In the event of extreme weather or ofher conditions or events constituting "force majeure', Closing will be
60 extended a reasonable time lJlIiI: (i) restoration of utilities and other services essenllal to Oosing, and Qij availabiity of Hazard, Wind, Flood, or Homeowners'
61. inwance. If such GOI1ditions continue more than _ days (if blank, then 14 days) beyond ClosIng Date, then either party may cancel this Contract.
FARlBAR ASlS-2 Rev. 9/07 C 2007 Florida Association of R_TORS" and The Florida Bat AI Rights Reserved Page 1 III 5
$ 126,400.00
$~~:~'OO
$ 97,328.00
$ 25,280.00
0.00
62 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall ~ mark~ title subject to: comprehenstye land use pla1s, zoning.
63 restrictions, prohibitions and other requirements Imposed by governmental authority; restrictions and matters appeanng ?'l the pial or otherwise
64 common to the subdivision; outstanding oil, gas and minerai rights of record without right of entry; unplatted public utility easements of r~
65 (lOCated contiguous to real property anes and not moro 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 addItior:'a1 items, see
67" addendum); provided, ttlat there exists at Closing no violallon of the foregoing and none prevent use of the Property for res ident ul
68" purpose(s).
69 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. " PF9~AElAy ~ IRteAsed
~ to be l'8"tell elf eeeIJralea l3e','eRe QleelA!!l. UI8 feet aRS t8ffl\6 tl1ereef aAe ~e teIWIt(e) Elr eeetlraefflS eAslI B8 91_86&9 ~llf9lllMt t& . oS IIiI StBfla8RI
~ F. If tleet;lll6f\EII" ie te Be Selivllf98 BeleN! CleeiAll, 81;Jyel' aeellmes all Ilalle ef 1966 te Pfe~1'ty freR'laate ef Ele&\:lllaAey, eAaIlB& AlSf'leR8ilI8 BflEllle9le
~ fer "'lliflt8FlIlf1~e ffeR'l tllet 9et9, N BIlell tiHl El8811'1Wr;I tEl Raw aWW&/iltes Pfe~Ry iA its eKillllFlllw8AilIti8A as ef tiR'llil sf tQkiA8 8~l:IliaR;>!.
73 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all pnnted pro-
74 vislone of thIS Contract In conlllct with them.
75" X. ASSIGNABIUTY: (CHECK ONLY ONE): Buyer 0 may assign end thereby be released from any further liability under this Contract: 0 may
76" assign but not be releasect from liabHIty under this Contract; or III may not assign this Contract.
77 XI. DISCLOSURES:'
78 (6) The Property may be subject to unpaid special assessment Ilen(s) imposed by a pubRc body ("publ!c body" does, not include a
79 Condominium or Homeowners' Association). Such lien(s), If any, whether certified, confirmed and ratified, pending. or payable In installments,
80" as of Closing, shaI be paid as follows: 0 by Seller at closing IllI by Buyer (If left blank, then Seller at Closlng). If the amount of arrJ
81 assessment to be paid by Seller has not been finely determined as of Closing, SeRer shall be charged at ClOSing an amounl equal to the
82 last estimate or assessment for the Improvement by the public body.
83 (b) Radon is a naturaJly occurring radioactlva 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 buNdlngs in AorIcJa.
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 addltlonallnformatlon
87 regarding mold, Buyer should contact an appropriate professional.
86 (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 mandatOI)'.
90 (f) If SeNer Is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act.
91 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA-
92 TlON/COMMUNITY DISCLOSURE.
93 (h) PfU'ERlYTAX OSCLOSURE~: El.NEA SHaJLD NOT RaY ON THE SElLER'S CIJlRENT PRCPERlY TAXES AS THE AMOUNT
94 OF f'R()f'ffilY TAXES lHA.T THE BlNER MAY BE 0BI.JGt\Tf3) TO PAY IN THE YEAR SU8SEQlBIT TO PI.JRCI-W)E. A CHANGE OF Q'M\ER-
95 SHIP OR PROPffiTY IMPROVEMENTS "TRIGGERS REASSESSMENTS OFn-E PROPERlY lHo\T COUlD RESULT IN HIGHER PROPERTY TAXES.
96 IF YOU t{4,VE PNY au:sn~ CONCERNING V,AL~TlON, OONTACT TJ-E COL.MY PROPERTY Af'PRL\ISER'S OFACE FOR INFORfv1ATlON.
97 XII. MAXIMUM REPAIR COSTS: DELETED
98" XIII. HOME WARRANTY: 0 Seller 1:1 Buyer Qli N1A wiD pay for a home warranty plan Issued by
99" at a cost not to exceecl $ .
100" XlV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have --L-.. days from E"ectlve Dat. ("Insp<<:tion Period-) within
101 which to have .uch inspection. of the Property per(ormfld as Buyer .ha" desJre and utllitle. service shalt tie made available by the
102 Seller during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such InBpfICJtlons and repelr of damage
103 to and restoration of the Property rewlting from wch Inspections and thla provialon (b) shall survtve termination of this COntract;
104 and (c) if Buyer determines, In BU)'III"'a sole dlacretionr that the Property la not acceptable to Buyer, Buyer may canc;e1 this Contract
105 by delivering facsimile or written notice of such eI&Ction to Beller prior to the expiration of the Inspection Period. If Buyer timety
106 cancela thl. ContnIct, the deposlt(s) paJd shaJ/ be immediately t'fIfUfT/fKJ to Suyer; thervupon, Buyer and Seiler shfl/I be reh1afId of
107 all further obligations under thla Contract, except Il8 provided In this Paragraph XIV. Unless Buyer exerciaes the right to cancel
106 granted herein. Buyer accepts the Property In Its prN8nt physical condition. subject to any violation of governmental, building,
109 environmental, and Nfety codes, restrlctions or requirements and shall be responsible for any end all repairs and Improvemenra
110 required by Buyer'e lender.
111 xv. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those ridere Which are applicable AND are attached to and made part of this Contract:
112" 0 CONDOMINIUM 0 VMHA 1:1 HOMEOWNERS' ASSN. 0 LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CONrnOL LINE
113" 0 INSULATION 0 EVIDENCE OF TlTLE (SOUTH FLORIDA CONTRACTS) 0 Other Conl:>rehensive Rider Pro\IISlons 0 Addenda
114" Special Clause(s):
115" ""BUYER WILL RECEIVE$37,920FROM THE COLLIER COUNTY NEIGHBORHOOD STABILIZATION PROGRAM. BUYER WILL USE
116" $25,280 (20\ OF THE PURCHASE PRICE) FOR PRINCIPAL REDUCTION AND THE REMAINING BALANCE OF$12,640 WILL BE USED
117" FOR CLOSING COSTS, PREPAID ITEMS AND ANY DISCOUNT POINTS ASSOCIATED WITH THE FIRST MORTGAGE TRANSACTION.
116"
119* ""THE TRANSACTION SHALL BE CLOSED ON OR BEFORE 90 DAYS FROM EFFECTIVE DATE.
120-
121"
122"
123"
124"
125"
126 XVI. MAS 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.
FARIBAA ASIS-2 Rev. 9107 C 2007 Florida Association of RI!Al:rc:RS- and 111e Florida Bar All Rights Reserved Page 2 of fi
128
129
THIS IS INTENDED TO BE A LEGALLY BINDING OONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN AlTORNEY PRIOR TO SIGNING.
130
131
132
133
134
THIS "/ItS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR,
Approval doeS not constitute iM1 opinion that any of the tenT18 and concftions in this Contract should be accepted by the parties In a
particular transaction. Terms and conditIOns should be negotiated based upon the respective Interests. objeCtIVes and bargaining
positions of al interested persons.
AN ASTERISK(*) FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED.
--- · ~l' Seller Sianature Below
MARl ~~1}._/t^ (SELLER)
137* ~ Seller Sianature Below
13 ER) ED GELO (DATE) (SELLER) (DATE:l
13 Buyers' address for pU'p088s of notice 725 LANDOVER CT, SaHers' address for purposes of notice c/o CC RPM ,Building W,
140"#101, NAPLES, FL 34104 3301E,TamiamITrail.Naoles.Florlda34112
141" 239-784-4790 Phone (239)252-8991 Phone
142 BROKEREllAe emhel'8 ~Aeh:llilF1g eee~eFQtiRiJ amllel'8. If MY) A8ffleli eel8\\ are ~e 84 t1llmlla'" sAWall ta eeRlJlSRBeliaR iR eaR. .aelleR wllR
143 tRle ~eRlfQ81!
144"1-ll'a1l".
~
(DATE)
~aelllll'8tlAl 81'8Ite... If aflY
!.illtiAg 81'9ker
CONVEYANCE APPROVED BY BCe:
DECEMBER 1, 2009 - ITEM 178
DATED, 1/62!' / :/0/0
,~....t'
SELLER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DW.:fGHTE. {BROCK
BY:
FRED
as to f9rm
County Attorney
PROPERTY ADDRESS: 2560 47TH AVENUE NE, NAPLES, FL 34120
fARIBAR ASI8-2 Rev. 9107 0 2007 Florida A8soollIlion of REALTORS" and The Florida Bar AI R~ts Reserved Page 3 of 5
146 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS
147 A. TITLE INSURANce: The TrtIe CommKmeot shall be i&6ued by a Rorida licensed title Insurer agreeing to issue Buyer, upon recordf1g of the deed to Buyer,
148 an owners poley of title Insurance In the amount of the purchase price. Insuring Buyer's marketable title to the Real Property. subject only 10 matters contained
149 In Paragraph VII and those to be discharged by Seller at or before CloSing. Marketable title shalt be determined aCCOldIng to applicable TItle Standards adopt.
150 ed by authority of The ROOda Bar and In accord8l1C6 with law. Buyer shall have 5 days from date of receiving the Trtle Commitment to examine ft. and If tftle Is
151 fO\fil defective, notify Seller in wrftlng specifying defect(a) wt'lch render title unmarketable. Seller shal have 30 days from receipt of notice to remove the
152 defects, failing which Buyer sha!!. wllhln 5 days after expiration of tha 30 day period. deliver written notice to Seller efther: (1) extending the time for a reason-
153 able period not to exceed 120 days within which SIller shall use dlijgent effort to remove the defects: or (2) requesting a refund of deposit(s) pllid which shall
154 be returned to Buyer. If Buyer fails to so notify Seller. Buyer shall be deemed to have acceptlld the tRle 8Il rt then is, SeUer shall, If title iw found unmarketable,
155 use diligent effort to correct defect(s) wtthin the time provided. If. after diligent effort, Seller Is unable to timely corract the defects, Buyer shall either waive the
156 defects, or receive a refund 01 deposlt{s). thereby releasing Buyer and SeIer from all further obligations under this Contract. II Seller is to provlde the nle
157 Commllment nit Is delivered to Buyer less than 5 days prior to CIoSi'lg, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt
158 to examine same in accordllla with this 'PS IS' Standard.
159 B. PURCHASe MONEY MORTGAGE; SECURITY AQAEEMENT TO SELlER: A purchase money mortgage and mortgage note to Seller sh&lIl provide for a
160 30 day grace period in the event of defaUt If a first mortgage and a 16 day grace period If a seocnd or lesser mortgage; sh&lIl provide for right of prepayment
161 In whole or In part without penalty; &hall permit acceleration In event 01 transfer of the Real Property: sh&lIl requlnt all prior lens and encumbrances to be kepi
162 In good standing: shall forbid modifications 01, Cf flAure advances under, prior mortgBgEI(s); shall requlre Buyer to melntaln pollcles oIlnsuranoe containing a
163 sta1dard mortgagee olause covering allmpl'OVllmenta located on the Real Property against flre and all perils Included within the term "extended cowrage
164 endorsements" and such other risks and perils 8Il Seller may reasonably require. In an a'T1Ount equal to their higlest Insurable valve; WId the mortgage. note
165 and sec\rily agr&ement shal be otherwise In fOllTl and content required by Seller. but SeIer may only require clauSes and coverage customarily found In mort-
168 gages, mortgage nates and security agreements generally utilized by savi1gs and loan Institutions or state or national banks located in the county wherein the
167 Reel Property is located. /'oJ Personal Property enSlslIllss selRll 98AV6'1'8~ 8r IIllsIllAes wII. at Seller's option, be subject to the fien 01 a seourIty agreement evi-
188 denced by recorded or flied financing stafements or certlflcalll6 of title. " a llellEleR ffl9F\gSUe. tRll ~Ralll9'jmeAt '.AII S1198e8 the llilrlil~18 1l~8AlI tA8_.
169 C. SURVEY: Buyer, at Buyer's expense, within time aIIowlld to dellvar evidonce of lItIe and to examine same, rmy have the Real Property surveyed and certl-
170 fled by a rvglstered Florldll SUr\le}'Or. If the survey discloses encroachments on the Real Property or that Improvementllloca1ed thereon encroa~h on lIEltback
171 lines, easements. lands of others or vIoIa1a any restrictions, Contrecl covenants or appIcable QOVerm1ental regulations, the same shall constitute a t~1e defect,
172 D, WOOD DESTROYING ORGANISMS: DELETED
173 Eo INGRESS AND EGFlESS: Seller warrants and represents 1hat there Is Ingress and egre&lI to the Real Property sufficient for Ita intencled use 118 described
174 In f'era!7aph VII hereof and title to the Real Property Is insurable in accordance with . p,s IS" S1and!11d A without exception for lack of legal right of accesa.
m I; biASES. Seller .all allllll5l1 Q says sefeA! G1eeF1il, MAIeR ts B\lYer eSlllils sf a1I'w4lteRlsaeee aRe ealall1l8118'tllRl Wf;l _11 tllflllflt 8P1I6if'JlAll IRe FlatYA!
~ aRB ualleR at 1hB teAeRt'll eeelillBAS',. RImel FliItBB, aawneea RlAl aRB l&eUF1ty lillIlll8llS Illi~ By 1eABAt. If Sallar la WRiiIilIa19lllXaIA IWl/II lalter Weill 8lI;1l tllR
m aAf, llle lIEIfle IRIeFll'lalieA ehallse ~I'fIIeRa~ lIy Eeller ta ewer 'vIlAiF! thlIIl1if1:le PSRes iF! tlla feffA III iiillllsr'& IfIlI;tll.... ana 6W',IIll' Il'lay 11l1l~lIAer lleFltI\l;\ tllR
~ III'Il te eeAli"" a~ell iRleP'ff18lleR, It tl:1e te""l at tile Ie... ElIIfer ill_eAsily frefR Sllller" 1llflA!IlSAlaieR8, 8W)'llr 1Illl',' tarmiAate tllill CllFlIfa81 ~ lielMlFiFlll \~
m Ratlee 1e Seller allell6t Ii ~Byellfler 1a ClllSIRg. SeHer 11111I1, It CleslAg, lleiMlr llFI~ asGIllR a1lllfiiJR8Ile8118S te 811)'llr,
180 G. UENS: Seller shail furnish to Buyer at time of Closing an affidavit attesting to the abeence, unle88 otherwise provided for herein, of any financing statement.
181 claims of lien or potentialllenors known to Seller and further attesting that there have bean no Improvements or repairs to the Real Property for 90 days imme-
182 diately precedng date of Closing. II the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers ofconatruc1lon
183 liens executed by ell generel contractors, subcontractors, suppliers and matarlalmen In addition to SeIler's lion affldavlt setting forth the names 01 all such gen-
184 eral contractors, subcontractors, suppliers and matarlalmen. further affirming that all charges for improvsments or repairs which could serve as 8 basis for 8
185 construction lien or a clalm for damages have been paid or wll be paid at the ClosIng 01 this Contract.
186 H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property Is located et the ofllce of the attorney or other closing agent rCloaIng
187 ~ent") designated by the party paying for title Insl.l'8l1Ce. or, If no tttle insurance, designated by Seller. . ",'
188 I. TIME: calendar days shall be used In COIT'Pullng tine periods except pertoda of leSS than six (6) days, in v.tlich event SaturdayS, Sundays and state or nation-
189 al legal holidays shall be exckided. AAt time periods provided for herein wt'ich shal end on a Seturdsy, SI.nday, or a legal holiday shall extend to 5:00 p.m. of the
190 next business day. TIme II of the VlllIICeln this contract. * StatutorY clell<l. bill or 8alll.
191 J. CLOSING DOCUMENTS: Seller ahaI fumluh the aees, BI" el aale, eel'llfle8le II title, construclion lien affidavit. owner's possession affidavit, _iIlFlFll8AIB et 188&
192 ee, taFWllAlIlAll lIleJtMss a8lellllallell8Rl and cOIT9ClIve instruments. Buyer shell furnluh mortgage, mortll898 note, seourlty agrvemerrt and flnancing statements.
1 Q3 K. EXPENSES: Documentary s1arrps on the deed and J9COrIjng of corrective Instruments shall be paid by ~ Nt coste of Buyer'll loen (whether obtalned*!lIm
194 from Seller or third party), including. but not lmited to. document8IY stampa and intangible tax on the purchase money mortgage and any mortgage I18Slrned.
195 mortgagee title insurance commitment wlth related fees, and recordlng 01 purohase money mortgage, deed and ftnanolng statements shaH be paid by Buyer.
t ge Unless otherwise provided by law ar A~8r 1a tAle CeAlRilllt, charges for rel8ted closing services, title sean:h, and closing fees (Inc~d1ng preparation of ctoaln9
197 statlllTlellt). shall be paid by the party responsible for fumlshlng the title 8'Jidence In acoordllnce wtth Paragroph V.
1 Q8 L. PRORATIONS; CREDITS: Taxes. 85S8IlS/T1lII1ts. rent, Interest, Insurance and other expenses of the Property shall be promted through tha day before ClosIng.
199 Buyer ahaI have the option of taking r:Nef existing policies of IJlSIM'lIn08, If asaumable, in which lMlt'1t premtums shall be prorated. Cash at ClosIng shall ba
200 Increased or decreased 8Il may be reqJIrOO by prorations to be made through day prior to Ooslng, or occupancy, If occupancy occurs before ClosIng. Advance
201 rent and security deposlts wiR be crecltlld to 6uyer, Escrow depce~s held by mortgagee win be credited to Seller. 1bxes shall be prorated besed on the currant
202 year'll tax with due allowance made for maximum allowable disoount, horneatead and other exemptions. If Closing occurs at a date when the cllTBnl year\! mill-
203 age Is not fixed and current year's assessment Is available, taxes will be proratsd based upon such assessment and prior year's milage. W current year's 8Il888S-
204 men! la not available, then tllXiS will be prorated on prior year'a tax. II there are completed Improvements on the Real Properly by January 1 st of year at ClosIng,
205 which improvements were not in existence on January 1 It of prior year, than taxes shall be prorated based upon prior year's milage and at an eqtJtable aasaes-
206 men! to be agreed upon between the pertles; failng whloh, request shall be made to the County Property Appraiser for an Informal assesament taking Into
207 account avaJlabIe exemptlons. A tax proratlon based on an eatiT1ate shall, at request of either party. be rea:1justed upon receipt of ourrent year's tax blR,
208 M. (RESERVED. purpoMly left blank)
209 N. INSPECTION AND REPAlFt: DI!LETIID
210 O. RISK OF LOSS: II, after the Effective Date, the Property is damaged by fie or other casualty rCasuaJty Loss") before aoslng and COS1 01 restoration (which
211 shall Include the COllI 01 pruning or removing damaged trees) doelI not exceed 1.5% of the Purchase Price. cost of reetoratlon shaI be an obligation of Seier and
212 Closing shall proceed pursuant to the terms of this Contract, and If restoration Is not COfT4)Ieted 8Il of Closing, restoration costs wII be escrowed at CIoslng. If
213 ,the cost 01 restoration exceeds 1.5% of the Purchase Price, Buyer shall either take the Property 8Il1s, together with 1he 1.5% or receIVe a rotund of deposlt(s)
21,4 thereby rele8sing Buyer and Seller from ell further obligations under this Contract. SelIer's lIo1e obligation with respect to tree damage by C8Ilualty or other natv-
215 rei occurrence ShlIIIllB the cost Of pruning or removal.
2'8 P. CLOSING PROOEDURE: The deed shall be recordsd upon clearance of funds. II the title agent Insures adverse matters purauant to Section 627.7641,
217 F.S., BIl amended, the escrow and Closing procedure required by this "p,s IS. Standard shall be watved. Unle$s waived as set forth above the following
FARIBAA p,sIS-2 Rev. 9/07 C 2007 AorIda As8OClatlon of AEAcrQRS" and The Florida Bar All Rights Reserved PBglt 4 of Ii
218 -AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
219 closing proceOJres shall epply: (1) all Closing proceeds shall be held in escrow by the Closing Agent for a period of not more than 5 days after Closing; (2)
220 If Sel\er'i title Is rendered unmarketable, through no fault of Bwer, Buyer shall, within the 5 day period, notify SeMer In writing of the defect lI1d Seller sha!
221 have 30 days from date of receipt of such notification to cure the defect; (3) If Seller falls to timely cure the defect, all deposits and closing funds shall, upon
222 written demand by Buyer and w~hin 5 days after demand, be returned to Swer and, simultaneously with such repayment, Buyer shall retlXn the Personal
223 Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) If Buyer fails to make timely demand
224 for refund, Buyer shall take title as is, waiving all rights against Seller as to any Intet'Venlng defect except as may be available to Buyer by vfr1ue of war-
225 rantlas contained in the deed or bill of sale.
226 a. ESCROW: My Closing Agent or escrow agent (coIectlvely "Agent, receMng funds or equivalent Is authorized and agrees by acceptance of them to depoe/t
227 them promptly, hold same In aaaow end, subject to clearance, disburse them In accordance with terms and conditions of this Contract. Failure of funds to
226 clear shall not excuse Buyer's performance. If In doubt as to Agent's duties or lIabRhles 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 hemo agree to Its disbursement or until a Judgment of a court of competent jurisdiction shall
230 determine the rtgh1s of the parties. or Agent may deposit same wItt1 the clerk of the circuit court having jurisdlc110n of the olSpute. M attomB'l who represents
231 a party and also acts as Agent may I1lpresent such party In svch action. Upon notifying all parties concerned of such action, all hablllty on the part of Agent
232 shaY fuly termilate, exoopt to the extent of accounting for any horns prevtously delivered out ot escrow, If a licensed real estate broker, Agent will comply with
233 provisions of Chapter 475, F.S., as amended. /vT'f suit between Buyer and Seller wherein Agent Is made B party because of acting as Agent herelXldef, or In
234 any suit wherein Agent Inlerpleads the subject matter of the escrow, Agent Shall 'llCOver reasonable attorney's filEl8 and costs incurred with theee amounts to
235 be paid from a1d out of the llSOrowed funds or equivalent and charged and awarded as court COSt$ ;n favor of the prevaHlng 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 misdelvery Is due to willful breach of the provisions of this
237 contract or gross negligence of Agent.
236 R. ATTORNEY'S FEES; COSTS: In any litigation, Including breach. enforcement or Interpretation, arising out of this Contract. the prvvaIlng party in such 1111-
239 gation, which, for purpoees of this "I>J:J IS" standa'd, shall include Seller, Buyer and any brokers acting In agency or nonagency relatlonshlp& authorized by
240 Chapter 475, F.S., as amended, shall be entitled to rec:over from the non-prevaillng party reasonable attorney's fees. costs and expen5e6,
241 S. FAILURE OF PERFORMANCE: If Buyer falls to perform this Conlr8Cl within the time SPecified, Including payment of all depcelts, the deposlt(s) paid by
242 Buyer and deposit(s) agreed to be paid, may be racovered and retained by and for the accwnt of Seller as agreed upon liquidated da'nages, consideration for
243 the exacutlon of this Contract and in full settlement of MY ctarns; whereupon, Buyer and seier shall be relieved of an obligatlons under this Contract; or Seller,
244 at Seller's option. may proceed in equity to enforce SeIer's rights under this Contract. If for any resson other than failure of Seller to make Seller's title mar-
245 ketable after dllgent effort, Seller falls, neglects or refu5e6 to parform this Contract, Buyer may seek specif~ per10rrnance or lllecI to racelve the retum of Buyer's
246 deposlt(s) wllhout thereby waiving any action for damages resulllng from Seller's breach.
247 T. CONTRACT NOT RECORDABLE; PERSONS BOUND: NOTICE: COPIES: Neither this Contract nor any notice of it shall be recorded 11 any public records,
248 this contract shall bind and Inure to the benefit of the parties and their successors In interest. Whenever the context permlts. singular shan include plural and
249 one gsnder shall inckJde ai, Notice and delivery given by or to the attOl11B'l or broker replllSE!lltlng any party shaH be as effactlve as If given by or to that party.
260 All notlce6 must be In WTltIng and may be made by mail, personal delivery or electronic media. A legible facsinlle or electronic (lnckJdlng "pdr) copy of this
251 Contract ahd any signatures hereon shal be considered for aD purp0se8 as an original.
252 U. CONVEYANCE: Seller shall convey marl<atable title to the Real Property by statutory IVSfFaRly, tMllee'B, ~efeel'lal f81iJPesllf11Bll\'e'8, er 1J!j"IBR'8 deed, as
253 appropriate to the status of Seller, subject only to matters contained in Paragraph Vllahd those otherwise accepted by Buyer. Personal Property shal, at the
254 request of Buyer, be transferred by an absolute bll of sale with warranty 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 IfIcatIon to or change In this Contract shall be valid or binding upon tho parties unless In writing and executed by the parties Intonded to be bound by n.
257 w. SELLER DISCLOSURE: (1) There are no facts known to Seller materially aflecting the value of the Property which ere net readily observable by Buyer or
256 which have not been disclosed to Buyer, (2) Seller extend. and Intend$ no W8fI"8IIty 8IId makes no ~ of any type, either eKpffIN or implied,
259 .. to the phyJIcaJ condIfIon or history Of the Property; (3) s.l1w flu r'V(;fI/VIId no written or VfH'baI ml!il;e from any goVernmental antit,Y or sgenc:y u
260 to. currenlly l.IfICOIT'fJCfed building, envlronmtnfal or safety code vloMtJon; (4) Seller hu no Imowledge of any ffIPlIWs or Improvementl made to the
261 PropMy without compliance with govemmental rvgulatJon which have nOf been r/l$clallfKl to Buyer.
262 X. PROPERTY MAINTENANCE; PROPERTY ACCESS: ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, Including,
263 bUt not Imhed to lawn, shrubbery. and pool in the condition existing 88 of Effective Date, ordinal'y wear and tear and Casualty Lolls excepted. Seller shall, upon
264 reasonable notice, provide utililles service and access to the Property for appreisaIand inspections, including B walk-through prior to Closlng, to con1lrm that
265 all Items of Personal Property are on the Real Property and that the Property has been maintained as required by this "I>J:J IS" Stllfldsrd. Seller will assign all
266 asslgnable repair and treatment contracts ahd warranties to BUY9r at Closing.
:llO7 Y,1911 iXCIo4"IlfGlIi,1f eil/:lllr liisllsr llr 811;'81' ,'.ish tellAtsr Il'lIea like kiflEl811eA8I1l1e (9lI1ler elmllltaAaewo 'J\'1II:l C1eelAiI er as_sEll \AtIl rsspeet te t~s Pioelle"Y
_ IoIllliler ieetlefl 11131 ef tl:1e IfllBIMI filllVefll:l9 CeEle ('lilIllI1af1l1s', tile etRer filllI'l'i sl:1an seepeF81e ill aI Peseeft8llle reelleele te elfeelllete t"'e 9Ie"'8I1fje, if18I11S
~ IfllltRlIllIIB6VtieA ef Ele_efl1&; ~F9'JkjeEl (1) tile eeElll9retlRg ,,~ &AaJIIRellr Ae Hallillty er 91113El116S Pel8leiil te t"'s I;;Jl9R8AlIe aAa (2) ~e ~leBlAg IIReJI nM BS
~ eeflllAlIefllllfit9A, Aer e.llllAEl9S er Ellll8'/lIEllly, etleR lUIoASAlle.
271 Z. BUYER WAIVER OF ClAIMS: Buyer WaMJ'/IIl)' am. against s,n., and, 10 the tMtttnt permitted by Iew, .".IMt My. NlllItete /jlJfJj...e/lt~'8t.etl
272 in the negotiation of the Cant'"t, for any der.cts or other dlmage that m.ty exfst at Claling of the Conf1'llct 8IId be subnquentfy rJ/<<;overed by the
273 Buyer or 8Ilyone cJalm/ng bJ'l through, under or IJ(1ainst the Buyer.
FARlBAR ASIS-2 Rev. 9/07 C 2007 AorIda Association of REALTOIlS" and The Florida Bar AJ RIghts Reserved Page II of 5
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 2560 47TH Ave NE, Naples, FL 34120
Folio Number: 39834480003
AMENDMENT TO SALE AND PURCHASE CONTRACT
THIS AMENDMENT is entered into by and between COLUER COUNTY, a Political
Subdivision of the State of Florida, (Seller) and MANIVONE PHOMMARINH, a single
woman, and JARED DeANGELO, a single man, Joint with the Right of Survivorship,
(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
16D5
DATED: 1,1d-<;) / d--O J 0
SELLER:
ATIEST.""'.':;.:.~~(i:jr;: "
,~ ...... (I","
DWIG1i/1--E: BRQt~;.'Cferk
~~"': ' ',", :'
r;,t .
'..... "K'
i<- ! ".J \~~y", ' lerk
.~.".;.' ........
....JIrw.f.
,.~:. '. :,'J! '", ,,';'c, '. '
7/
~1:f
"'1
BOARD OF COUNTY COMMISSIONERS
COLUER COUNTY, FLORIDA
BY: '-:JuLW. ~
Fred W. Coyle, Chairman
Approved as to form and
legal sufficiency:
.
~ ~\.2)~
Jennifer B. White,
Assistant County Attorney
1
NEIGHBORHOOD STABILIZATION PROGRAM
Property Address: 2560 47TH Ave NE, Naples, FL 34120
Folio Number: 39834480003
DATED: 71~/IO
/ ,
.
PURCHASER:
~-~
~PHOMMARINH
RED~
2
'tJ+l1 ~ IVc
To: Minutes & Records 10/7/10
Attached for your records, please find the Original Contracts and Amendments for the following
closings:
/
Thanks,